[Congressional Record Volume 153, Number 128 (Saturday, August 4, 2007)]
[House]
[Pages H9870-H9914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER
PROTECTION ACT
The Acting CHAIRMAN. Pursuant to House Resolution 615 and rule XVIII,
the Chair declares the House in the Committee of the Whole House on the
state of the Union for the further consideration of the bill, H.R.
3221.
{time} 1601
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3221) moving the United States toward greater energy
independence and security, developing innovative new technologies,
reducing carbon emissions, creating green jobs, protecting consumers,
increasing clean renewable energy production, and modernizing our
energy infrastructure, with Mr. Serrano (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, amendment No. 21 offered by the gentlewoman from California (Ms.
Solis) had been disposed of.
Amendment No. 22 Offered by Mr. Cleaver
The Acting CHAIRMAN. It is now in order to consider amendment No. 22
printed in part B of House Report 110-300.
Mr. CLEAVER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Cleaver:
Amend section 303(f)(1) of the Energy Policy Act of 1992,
as proposed to be inserted by section 6201 of the bill, to
read as follows:
``(1) Prohibition.--
``(A) In general.--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) Special rule for vehicles provided by funds contained
in members' representational allowance.--If any portion of a
Members' Representational Allowance is used to provide any
individual with a vehicle described in paragraph (1),
including providing an individual with a vehicle under a
long-term lease, the House of Representatives shall be
considered to have acquired the vehicle for purposes of
paragraph (1).
``(C) Definitions.--In this paragraph--
``(i) the term `Federal agency' includes any office of the
legislative branch; and
``(ii) the term `Members' 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)).''.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman
from Missouri (Mr. Cleaver) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. CLEAVER. Mr. Chairman, it is my hope that we won't have to use
the entire 5 minutes in the interest of time.
This is a simple but commonsense amendment to this bill, because it
will require of Members of this body to do the exact same thing that we
are requiring of Federal agencies, and that is for any Member who is
using his or her Members' Representational Allowance to lease an
automobile, that they would be required to lease the exact same kinds
of vehicles, those that are alternative fuels when available, that we
are requiring of Federal agencies.
This amendment is designed for a demonstration to the public that we
are serious about energy independence and that we are also going to
lead by example.
Mr. Chairman, I reserve the balance of my time.
Mr. BARTON of Texas. Mr. Chairman, I rise in serious opposition.
The Acting CHAIRMAN. The gentleman from Texas is recognized for 5
minutes.
Mr. BARTON of Texas. Mr. Chairman, I have great respect for my good
friend from Missouri, who I believe was born in Texas. In fact, I think
the gentleman was born in Waxahachie, Texas, so I have utmost respect.
Mr. Chairman, I have a GM assembly plant in my district in Arlington,
Texas. The lease car that I use in my district is produced there. It is
a GM Tahoe. It is a very good vehicle. It is made with union labor,
which would make all my friends on the Democratic side happy. I am very
happy with it. It has the engine in it that at a certain speed and
under certain conditions, four of the eight cylinders stop working so
you get increased fuel efficiency.
But I don't believe it would be certified as a low-greenhouse-gas-
emitting vehicle. In fact, I am not sure that we have a definition
right now in current law of what a low-greenhouse-gas-emitting vehicle
is.
I certainly respect the gentleman from Missouri's intent on this. But
I think it is premature. I think we need to wait a number of years.
Let's see exactly how some of these new vehicles that are currently in
the research phase turn out.
I drove another GM product around the Capitol not too many weeks ago
that runs on hydrogen. That particular vehicle is not available for
lease or sale right now. When it is, it probably will be a low-
greenhouse-gas-emitting vehicle. But it is probably 5 or 6 years away
from being able to be purchased or leased.
Mr. Chairman, again, we understand the intent of the amendment. The
intent is noble. But the application and practice, I think, would be
impractical at this point in time. So I strongly oppose the amendment
and hope that we defeat it.
Mr. Chairman, I reserve the balance of my time.
Mr. CLEAVER. Mr. Chairman, there are about 100 Members of the United
States Congress who lease automobiles. And we are requiring, as of
1997, through a mandate from President Clinton, that all vehicles
operating under the aegis of the General Services Administration
operate with flex-fuel vehicles.
So what we are saying here is that we are willing to require that
Federal agencies change their fleets, but that we are not willing to
change our fleets. If those vehicles create confusion for us with
regard to whether or not they are alternative-fuel vehicles, then we
have to stop this entire program because we are already using the
language of this amendment as we are requiring other vehicles
throughout the Federal Government to use.
I yield to the gentleman from California (Mr. Waxman), the chairman
of the committee.
Mr. WAXMAN. Mr. Chairman, I rise in support of Mr. Cleaver's
amendment.
Mr. Chairman, this is an amendment to section 6201 of the bill, which
is part of the contribution of the Oversight and Government Reform
Committee which is a bipartisan one.
Section 6201 requires Federal agencies to purchase only low-
greenhouse-gas-emitting vehicles for Federal fleets. This provision
addresses the Government's contribution to global warming from vehicles
which are a significant source of greenhouse gas emissions. Mr.
Cleaver's amendment proposes to extend this requirement to cover
Congress, as well.
This amendment makes sense. It will further reduce greenhouse gas
emissions by expanding the use of low-emitting vehicles. It holds
Congress to the same standard we are applying to the executive branch.
With this amendment, Congress will be taking another step to fight
global warming.
Mr. Chairman, I urge my colleagues to support this amendment.
Mr. CLEAVER. Mr. Chairman, I yield time to the distinguished majority
leader, the gentleman from Maryland (Mr. Hoyer).
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Mr. Chairman, we are trying to move along the business of
the people of this country.
I rise in strong support of this extraordinarily good legislation.
Mr. Chairman, this legislation truly represents a new direction in
America's energy policy, and it will thereby strengthen our national,
economic and environmental security.
Twenty-eight years ago, President Carter said (and I quote): ``This
intolerable dependence on foreign oil threatens our economic
independence and the very security of our Nation.''
President Carter was correct then, but we failed to act.
We must not fail to act today.
We must pass this comprehensive legislation, which will reduce our
reliance on foreign oil by investing in the infrastructure needed to
deploy homegrown bio-fuels, providing incentives for plug-in hybrid
cars, and promoting the use of mass transit.
[[Page H9871]]
This legislation also repeals a number of tax subsidies that benefit
the oil and gas industry, and includes landmark energy efficiency
provisions that will save consumers and businesses at least $300
billion through 2030.
In fact, the energy efficiency provisions will reduce carbon dioxide
emissions by as much as 10.4 billion tons through 2030--more than the
annual emissions of all the cars on the road in America today.
In addition, it extends existing tax credits for the production of
renewable energy; spurs innovation by supporting high-risk, high-payoff
energy research; and bolsters research on renewable energy and global
warming.
Furthermore, the bill requires our government to become carbon-
neutral by the year 2050, moving forward on carbon capture and
sequestration, promoting clean energy exports to developing countries,
and directing the administration to lead the global effort to achieve a
binding global warming agreement.
It is my hope that the house will send this bill to conference with a
strong vote so that we can reach consensus on issues such as the use of
renewables, the development of new technologies, and the fiscally
responsible extension of needed energy tax provisions.
This bill will help us achieve that goal. I urge my colleagues to
support it.
Mr. BARTON of Texas. Mr. Chairman, I yield myself the balance of my
time.
Mr. Chairman, as our distinguished majority leader and the Speaker
leave the floor, I would point out that the vehicles that they drive
with their security detail wouldn't qualify for low-greenhouse-gas-
emitting vehicles. I am not sure that we would want to put them in a
low-greenhouse-gas-emitting vehicle at this point in time given the
security needs and the needs for rapid acceleration in case there were
some sort of an emergency.
Again, there is nothing wrong with the intent. But in application,
all you have to do is go out outside this Chamber right now and look at
some of the vehicles that are strategically placed and look at the
security personnel that are inside those vehicles.
We need to be practical as we pass some of these legislative items
that are under consideration today. This particular amendment, given
the current technology and the state of the market, is not practical to
be broadly applied.
If there are low-greenhouse-gas-emitting vehicles, and again, I point
out we don't have a current definition, but if there are, and a Member
of Congress wants to lease them or purchase them for personal use or
lease them for government use, there is no prohibition against that.
But we certainly don't need to mandate it.
Mr. Chairman, again, I would strongly oppose the adoption of this
amendment.
Mr. Chairman, I yield back the balance of the time.
Mr. CLEAVER. Mr. Chairman, one of the problems that we have as a body
at this time is that the people around the country are constantly
observing us and looking at us in ways that are negative because we
want to pass laws to impose on everybody except us.
If we are going to declare that we are moving toward energy
independence, then the Members of the Congress using taxpayer dollars
ought to be willing to give up big Cadillacs in order to lease an
energy-efficient car.
The Speaker of the House, just to make a point, did, in fact, request
an energy-efficient vehicle. Security, as they should have, said that
they were not going to compromise security.
But this late legislation does not even approach those who have
security. This says, Members who use their MRA. The Speaker, the
majority leader, the minority leaders don't use their MRA. These are
vehicles leased by the House of Representatives.
We cannot continue to try to lead the Nation in a direction that we
won't lead first.
Mr. Chairman, I urge all the Members to vote to allow Congress to
take the lead in moving toward energy independence.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Cleaver).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. BARTON of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Missouri
will be postponed.
{time} 1615
Amendment No. 23 Offered by Mr. Sarbanes
The Acting CHAIRMAN. It is now in order to consider the last
amendment, No. 23, printed in part B of House Report 110-300.
Mr. SARBANES. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 23 offered by Mr. Sarbanes:
At the end of title VI, add the following new subtitle:
Subtitle C--Telework Enhancement
SEC. 6301. SHORT TITLE.
This subtitle may be cited as the ``Telework Enhancement
Act of 2007''.
SEC. 6302. FEDERAL GOVERNMENT TELEWORK REQUIREMENT.
(a) In General.--
(1) Eligibility.--Within 1 year after the date of enactment
of this Act, the head of each Executive agency shall
establish a policy under which each employee of the agency,
except as provided in subsection (b), shall be eligible to
participate in telework.
(2) Participation policy.--The policy shall ensure that
eligible employees participate in telework to the maximum
extent possible without diminishing employee performance or
agency operations.
(b) Ineligible Employees.--Subsection (a)(1) does not apply
to executive agency employees whose duties require the daily
handling of national security or intelligence materials or
daily on-site physical presence for activity such as
necessary contact with special equipment or other activity
that cannot be handled remotely or at an alternate worksite.
SEC. 6303. TRAINING AND MONITORING.
The head of each executive agency shall ensure that--
(1) telework training is incorporated in the agency's new
employee orientation procedures;
(2) telework training is provided to managers and all new
teleworkers; and
(3) periodic employee reviews are conducted for all
employees to ascertain whether telework is appropriate for
the employee's job description and the extent to which it is
being utilized by the employee.
SEC. 6304. TELEWORK MANAGING EMPLOYEE.
(a) In General.--The head of each executive agency shall
appoint a full time senior level employee of the agency as
the Telework Managing Officer. The Telework Managing Office
shall be established within the office of the chief
administrative officer or a comparable office with similar
functions.
(b) Duties.--The Telework Managing Officer shall--
(1) serve as liaison between employees engaged in
teleworking and their employing entity;
(2) ensure that the organization's telework policy is
communicated effectively to employees;
(3) encourage all eligible employees to engage in telework
to the maximum practicable extent consistent with meeting
performance requirements and maintaining operations;
(4) assist the head of the agency in the development and
maintenance of agencywide telework policies;
(5) provide assistance and advice in labor-management
interactions regarding telework;
(6) educate administrative units on telework policies,
programs, and training courses;
(7) provide written notification to each employee of
specific telework programs and the employee's eligibility for
those programs;
(8) focus on expanding and monitoring agency telework
programs;
(9) recommend and oversee telework-specific pilot programs
for employees and managers, including tracking performance
and monitoring activities;
(10) develop and administer a telework performance
reporting system;
(11) promote and monitor agency and other resources
necessary for effective teleworking;
(12) develop telework promotion and incentive programs; and
(13) assist the head of the agency in designating employees
to telework to continue agency operations in the event of a
major disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)).
(c) Report.--The Telework Managing Officer shall submit a
report to the head of the employing agency and the
Comptroller General at least once every 12 months that
includes a statement of the applicable telework policy, a
description of measures in place to carry out the policy, and
an analysis of the participation by employees of the entity
in teleworking during the preceding 12-month period.
SEC. 6305. ANNUAL TELEWORK AGENCY RATING.
(a) In General.--The Comptroller General shall establish a
system for evaluating--
(1) the telework policy of each executive agency; and
(2) on an annual basis the participation in teleworking by
their employees.
[[Page H9872]]
(b) Report.--The Comptroller General shall publish a report
each year rating--
(1) the telework policy of each entity to which this
subtitle applies;
(2) the degree of participation by employees of each such
entity in teleworking during the 12-month period covered by
the report;
(3) for each executive agency--
(A) the number of employees in the agency;
(B) the number of those employees who are eligible to
telework;
(C) the number of employees who engage on a regular basis
in teleworking; and
(D) the number of employees who engage on an occasional or
sporadic basis (at least one day per month) in teleworking;
and
(4) for each executive agency, an assessment of agency
compliance with this subtitle.
SEC. 6306 DEFINITIONS.
In this subtitle:
(1) Employee.--The term ``employee'' has the meaning given
that term by section 8101(1) of title 5, United States Code.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(3) Telework.--The term ``telework'' means a work
arrangement in which an employee regularly performs
officially assigned duties at home or other worksites
geographically convenient to the residence of the employee
that--
(A) reduces or eliminates the employee's commute between
his or her residence and his or her place of employment; and
(B) occurs at least 2 business days per week in at least 48
weeks in a year.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman
from Maryland (Mr. Sarbanes) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. SARBANES. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am quite aware that I am the last one in line before
the Committee rises.
Mr. Chairman, I rise today to offer the Sarbanes-Wolf amendment to
promote telework options for the Federal workforce. The amendment is in
keeping with the provisions of the energy bill that seek to promote a
new carbon neutral Federal Government. In fact, it is estimated that
about one-third of carbon emission in the United States is
transportation related.
Mr. Chairman, I want to thank Chairman Waxman for his support of the
amendment.
This amendment, combined with other provisions of the bill, such as
higher emissions standards for vehicles owned and operated by the
Federal Government, seeks to ensure that we in government do our part
to reduce automobile emissions.
I would like to salute the distinguished gentleman from Virginia,
Congressman Wolf, who has joined me today in offering this amendment,
and is a tireless advocate for telework in the Federal Government. Over
the last decade, he has put telework on the map as a management option
within the Federal workforce, and I want to thank him for his
leadership.
The amendment requires that agencies establish a telework policy
within 1 year. Employees who handle national security or intelligence
materials or special equipment would be exempted from the policy. It
provides for training and monitoring, designates a senior telework
managing employee in each of the agencies, and requires the GAO to
examine and evaluate the telework policies of each agency.
I thank Congressman Wolf for his leadership in this area, and I hope
all of my colleagues feel this is a win-win for the Federal Government
and the Federal workforce.
Mr. Chairman, I reserve the balance of my time.
Mr. BARTON of Texas. Mr. Chairman, we don't oppose the amendment and
seek no time.
Mr. SARBANES. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Maryland.
The amendment was agreed to.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in part B of House Report
110-300 on which further proceedings were postponed, in the following
order:
Amendment No. 6 by Mr. Udall of New Mexico.
Amendment No. 9 by Mr. Arcuri of New York.
Amendment No. 13 by Mr. Sali of Idaho.
Amendment No. 22 by Mr. Cleaver of Missouri.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 6 Offered by Mr. Udall of New Mexico
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New Mexico
(Mr. Udall) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 220,
noes 190, not voting 28, as follows:
[Roll No. 827]
AYES--220
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Bilbray
Bishop (NY)
Blumenauer
Bono
Bordallo
Boswell
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Christensen
Cleaver
Cohen
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Donnelly
Doyle
Ehlers
Ellison
Emanuel
Engel
Eshoo
Farr
Fattah
Ferguson
Filner
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kind
King (NY)
Kirk
Kuhl (NY)
Langevin
Larsen (WA)
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lynch
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McNerney
McNulty
Meek (FL)
Michaud
Miller (NC)
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Pelosi
Perlmutter
Peterson (MN)
Platts
Pomeroy
Porter
Price (NC)
Ramstad
Rangel
Reichert
Reyes
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Stark
Sutton
Tauscher
Taylor
Thompson (CA)
Tierney
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Wilson (NM)
Wolf
Woolsey
Wu
Wynn
Yarmuth
NOES--190
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Boehner
Bonner
Boozman
Boren
Boucher
Boustany
Boyd (FL)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Chabot
Clyburn
Cole (OK)
Conaway
Costello
Cramer
Cubin
Culberson
Davis (AL)
Davis (KY)
Davis, David
Deal (GA)
Dent
Dingell
Doolittle
Drake
Dreier
Duncan
Edwards
Ellsworth
Emerson
English (PA)
Etheridge
Everett
Fallin
Feeney
Flake
Forbes
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gillmor
Gingrey
Gohmert
Goodlatte
Gordon
Granger
Green, Gene
Hall (TX)
Hastings (WA)
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Inglis (SC)
Issa
Jones (NC)
Jones (OH)
Jordan
Keller
Kilpatrick
King (IA)
Kingston
Kline (MN)
Knollenberg
Lamborn
Lampson
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
[[Page H9873]]
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McIntyre
McKeon
McMorris Rodgers
Meeks (NY)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Oberstar
Ortiz
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Rahall
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Royce
Sali
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Tanner
Terry
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (OH)
Wilson (SC)
Young (AK)
Young (FL)
NOT VOTING--28
Aderholt
Blunt
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Davis, Tom
Faleomavaega
Fortuno
Goode
Graves
Hastert
Hayes
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Lowey
Paul
Saxton
Schmidt
Skelton
Tancredo
{time} 1639
Mrs. BACHMANN and Mr. MAHONEY of Florida changed their vote from
``aye'' to ``no.''
Mr. JOHNSON of Georgia changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. TOM DAVIS of Virginia. Mr. Chairman, I was unavoidably detained
and missed the vote on the Udall amendment of H.R. 3221, the New
Direction for Energy Independence, National Security, and Consumer
Protection Act. Had I been present, I would have voted ``aye.''
Stated against:
Mr. GRAVES. Mr. Chairman, on rollcall No. 827 I was unavoidably
detained. Had I been present, I would have voted ``no.''
Amendment No. 9 Offered by Mr. Arcuri
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on amendment No. 9 offered by the gentleman from New York
(Mr. Arcuri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 169,
noes 245, not voting 24, as follows:
[Roll No. 828]
AYES--169
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baird
Baldwin
Bilbray
Bishop (NY)
Boswell
Boucher
Brady (PA)
Capito
Capps
Capuano
Carnahan
Carney
Carson
Castor
Chandler
Christensen
Clyburn
Cohen
Conyers
Courtney
Crowley
Cummings
Davis (CA)
Davis (IL)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Ellison
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Forbes
Frank (MA)
Frelinghuysen
Garrett (NJ)
Gerlach
Gilchrest
Gillibrand
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Hastings (FL)
Higgins
Hinchey
Hirono
Hodes
Holden
Holt
Hooley
Hoyer
Israel
Jackson (IL)
Jones (NC)
Kagen
Kanjorski
Kaptur
Kennedy
Kilpatrick
Kind
Kirk
Kuhl (NY)
Langevin
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McNerney
McNulty
Meek (FL)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Neal (MA)
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Pelosi
Petri
Platts
Price (NC)
Rahall
Rangel
Reichert
Rohrabacher
Rothman
Rush
Sarbanes
Schakowsky
Schwartz
Sensenbrenner
Serrano
Sestak
Shays
Shea-Porter
Sires
Slaughter
Smith (NJ)
Snyder
Space
Spratt
Stark
Stupak
Tanner
Tauscher
Thompson (CA)
Tierney
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Walsh (NY)
Wasserman Schultz
Waters
Watson
Waxman
Welch (VT)
Wexler
Wolf
Woolsey
Wu
Wynn
Yarmuth
NOES--245
Aderholt
Akin
Alexander
Altmire
Baca
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blumenauer
Boehner
Bonner
Bono
Boozman
Bordallo
Boren
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Cardoza
Carter
Castle
Chabot
Cleaver
Cole (OK)
Conaway
Cooper
Costa
Costello
Cramer
Cubin
Cuellar
Culberson
Davis (AL)
Davis (KY)
Davis, David
Davis, Lincoln
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emerson
Everett
Fallin
Feeney
Flake
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Giffords
Gillmor
Gingrey
Gohmert
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green, Gene
Hall (TX)
Harman
Hastings (WA)
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hoekstra
Honda
Hulshof
Inglis (SC)
Inslee
Issa
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Jordan
Keller
Kildee
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Lamborn
Lampson
Larsen (WA)
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul (TX)
McCrery
McHenry
McIntyre
McKeon
McMorris Rodgers
Meeks (NY)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Napolitano
Neugebauer
Norton
Nunes
Oberstar
Ortiz
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Poe
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Schiff
Scott (GA)
Scott (VA)
Sessions
Shadegg
Sherman
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Smith (WA)
Solis
Souder
Stearns
Sullivan
Sutton
Taylor
Terry
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Upton
Visclosky
Walberg
Walden (OR)
Walz (MN)
Wamp
Watt
Weiner
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Young (AK)
Young (FL)
NOT VOTING--24
Blunt
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Faleomavaega
Fortuno
Goode
Hastert
Hayes
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Paul
Saxton
Schmidt
Skelton
Tancredo
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised 1 minute
is left on this vote.
{time} 1646
Mr. PORTER and Mr. VISCLOSKY changed their vote from ``aye'' to
``no.''
Mr. LEVIN changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 13 Offered by Mr. Sali
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on amendment No. 13 offered by the gentleman from Idaho
(Mr. Sali) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 402,
noes 9, not voting 26, as follows:
[[Page H9874]]
[Roll No. 829]
AYES--402
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chabot
Chandler
Christensen
Cleaver
Clyburn
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Fattah
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gillmor
Gingrey
Gohmert
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Heller
Hensarling
Herseth Sandlin
Higgins
Hill
Hinchey
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOES--9
Farr
Filner
Gilchrest
Honda
Matsui
McDermott
Rahall
Stark
Thompson (CA)
NOT VOTING--26
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Faleomavaega
Fortuno
Goode
Hastert
Hayes
Herger
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Musgrave
Paul
Saxton
Schmidt
Skelton
Tancredo
Waters
{time} 1650
Mr. McNERNEY changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 22 Offered by Mr. Cleaver
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Missouri
(Mr. Cleaver) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 218,
noes 196, not voting 23, as follows:
[Roll No. 830]
AYES--218
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Bordallo
Boren
Boswell
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Butterfield
Capps
Carnahan
Carson
Castle
Castor
Chandler
Christensen
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costello
Courtney
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Doggett
Donnelly
Doyle
Dreier
Ehlers
Ellison
Ellsworth
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hirono
Hodes
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Jones (OH)
Kagen
Kaptur
Kennedy
Kind
Kingston
Kirk
Langevin
Larsen (WA)
Larson (CT)
Lee
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mitchell
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Nadler
Napolitano
Neal (MA)
Norton
Obey
Olver
Pallone
Pascrell
Payne
Perlmutter
Peterson (MN)
Platts
Pomeroy
Porter
Price (NC)
Ramstad
Rangel
Reichert
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walden (OR)
Walz (MN)
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Woolsey
Wu
Wynn
NOES--196
Abercrombie
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barton (TX)
Berry
Biggert
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boucher
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capuano
Cardoza
Carney
Carter
Chabot
Cole (OK)
Conaway
Costa
Cramer
Cubin
Cuellar
Culberson
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doolittle
Drake
Duncan
Edwards
Emerson
Everett
Fallin
Feeney
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gingrey
Gohmert
Gonzalez
Goodlatte
[[Page H9875]]
Gordon
Granger
Graves
Green, Gene
Hall (TX)
Hastings (WA)
Heller
Hensarling
Herger
Hobson
Hoekstra
Holden
Hulshof
Issa
Johnson, E. B.
Jones (NC)
Jordan
Kanjorski
Keller
Kildee
Kilpatrick
King (IA)
King (NY)
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Levin
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Murphy, Tim
Murtha
Musgrave
Myrick
Neugebauer
Nunes
Oberstar
Ortiz
Pastor
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Rahall
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Salazar
Sali
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Stupak
Sullivan
Thornberry
Tiahrt
Tiberi
Turner
Visclosky
Walberg
Walsh (NY)
Wamp
Wasserman Schultz
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--23
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Faleomavaega
Fortuno
Goode
Hastert
Hayes
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Paul
Saxton
Schmidt
Skelton
Tancredo
{time} 1654
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hastings of Florida) having assumed the chair, Mr. Serrano, Acting
Chairman of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 3221) moving the United States toward greater energy independence
and security, developing innovative new technologies, reducing carbon
emissions, creating green jobs, protecting consumers, increasing clean
renewable energy production, and modernizing our energy infrastructure,
pursuant to House Resolution 615, he reported the bill, as amended by
that resolution, back to the House with sundry further amendments
adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any further amendment reported from
the Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Barton of Texas
Mr. BARTON of Texas. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. BARTON of Texas. In its current form, definitely so.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Barton of Texas moves to recommit the bill, H.R. 3221,
to the committees of jurisdiction with instructions to report
the same back to the House forthwith with the following
amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Made Energy and
Good Jobs Act''
TITLE I--ENERGY AND COMMERCE
Subtitle A--Energy Efficiency
SEC. 1000. SHORT TITLE.
This subtitle may be cited as the ``Energy Efficiency
Improvement Act of 2007''.
PART 1--APPLIANCE EFFICIENCY
SEC. 1001. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Appliances.--The Energy Policy and Conservation Act is
amended as follows:
(1) Dehumidifiers.--Section 325(cc)(2) (42 U.S.C.
6295(cc)(2)) is amended to read as follows:
``(2) Dehumidifiers manufactured on or after October 1,
2012, shall have an Energy Factor that meets or exceeds the
following values:
Minimum
Energy
``Product Capacity (pints/day): 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 clotheswashers and residential
dishwashers.--Section 325(g) (42 U.S.C. 6295(g)) is amended
by adding at the end the following new paragraphs:
``(9) A top-loading or front-loading standard-size
residential clotheswasher manufactured on or after January 1,
2011, shall have--
``(A) a Modified Energy Factor of at least 1.26; and
``(B) a water factor of not more than 9.5.
``(10) No later than December 31, 2011, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for clotheswashers manufactured on or
after January 1, 2015. Such rule shall contain such
amendment, if any.
``(11) Dishwashers manufactured on or after January 1,
2010, shall--
``(A) for standard size dishwashers not exceed 355 kwh/year
and 6.5 gallon per cycle; and
``(B) for compact size dishwashers not exceed 260 kwh/year
and 4.5 gallons per cycle.
``(12) No 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. Such rule shall contain such amendment, if any.''.
(3) Energy conservation standard.--Section 321(6)(A) (42
U.S.C. 6291(6)(A)) is amended by striking ``or, in the case
of'' and inserting ``and, in the case of residential
clotheswashers, residential dishwashers,''.
(4) Refrigerators and freezers.--Section 325(b) (42 U.S.C.
6295(b)) is amended by adding at the end the following new
paragraph:
``(4) 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. Such
rule shall contain such amendment, if any.''.
(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. 1002. 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 the text of subparagraph (A) and inserting
the following: ``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 for `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 Efficiency Improvement Act of 2007.
``(B) 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 one of the following:
``(i) U-Frame Motors.
``(ii) Design C Motors.
``(iii) Close-coupled pump motors.
``(iv) Footless motors.
``(v) Vertical solid shaft normal thrust motor (as tested
in a horizontal configuration).
``(vi) 8-pole motors ( 900 rpm).
``(vii) All poly-phase motors with voltages up to 600 volts
other than 230/460 volts.''.
(b) Standards.--Section 342(b)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)(1)) is amended--
(1) by inserting ``(A)'' before ``Except for definite'';
(2) by inserting ``and through the end of the 36-month
period beginning on the date of enactment of the Energy
Efficiency Improvement Act of 2007'' after ``beginning on
such date''; and
(3) by adding at the end the following:
``(B) Each general purpose electric motor (subtype I),
except as provided in subparagraph (C), 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 36-month period beginning on
the date of enactment of the Energy Efficiency Improvement
Act of 2007, shall have a nominal full load efficiency not
less than as defined in NEMA MG-1 (2006) Table 12-12.
``(C) Each fire pump motor manufactured (alone or as a
component of another piece of equipment) after the 36-month
period beginning on the date of enactment of the Energy
Efficiency Improvement Act of 2007, shall have nominal full
load efficiency not less
[[Page H9876]]
than as defined in NEMA MG-1 (2006) Table 12-11.
``(D) 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 36-month period
beginning on the date of enactment of the Energy Efficiency
Improvement Act of 2007, shall have a nominal full load
efficiency not less than as defined in NEMA MG-1 (2006) Table
12-11.
``(E) 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 36-month
period beginning on the date of enactment of the Energy
Efficiency Improvement Act of 2007, shall have a nominal full
load efficiency not less than as defined in NEMA MG-1 (2006)
Table 12-11.''.
SEC. 1003. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6925(f)) is amended--
(1) in the subsection heading, by inserting ``and Boilers''
after ``Furnaces'';
(2) in paragraph (1), by striking ``except that'' and all
that follows through ``(B)'' and inserting ``except that'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraph (B), boilers
manufactured on or after September 1, 2012, shall meet the
following requirements:
------------------------------------------------------------------------
Minimum Annual
Boiler Type Fuel Utilization Design Requirements
Efficiency
------------------------------------------------------------------------
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, except boilers equipped
with tankless domestic water heating coils, 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 one
input rate this requirement may be satisfied by providing an
automatic means that allows the burner or heating element to
fire only when such 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 clause (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.--Boilers that are manufactured to operate
without any need for electricity, any electric connection,
any electric gauges, electric pumps, electric wires, or
electric devices of any sort, shall not be required to meet
the requirements of this section.''.
SEC. 1004. 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) The terms `walk-in cooler' and `walk-in freezer'
mean an enclosed 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 3000 square feet. These terms exclude 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) Each walk-
in cooler or walk-in freezer manufactured on or after January
1, 2009, shall meet the following specifications:
``(A) Have automatic door closers that firmly close all
reach-in doors. Have automatic door closers that firmly close
all walk-in doors that have been closed to within one inch of
full closure. This requirement does not apply to doors wider
than 3 feet 9 inches or taller than 7 feet.
``(B) All walk-in freezers shall 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. Door insulation
requirements do 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 one horsepower and
less than 460 volts, use either--
``(i) electronically commutated motors (brushless direct
current motors); or
``(ii) three-phase motors.
The portion of the requirement for electronically commuted
motors takes effect January 1, 2009, unless, prior to this
date, the Secretary determines that such motors are only
available from one manufacturer. The Secretary may also allow
other types of motors if the Secretary determines that, on
average, these other motors use no more energy in evaporator
fan applications than electronically commutated motors. The
Secretary shall establish this maximum energy consumption
level no later than January 1, 2010.
``(F) For condenser fan motors of under one horsepower, use
either--
``(i) electronically commutated motors;
``(ii) permanent split capacitor-type motors; or
``(iii) three-phase motors.
``(G) For all interior lights, use light sources with an
efficacy of 40 lumens per watt or more, including ballast
losses (if any). 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 is not occupied.
``(2) 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 and windows in walk-in
doors for walk-in freezers 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 doors shall be either--
``(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
anti-sweat heat controls, then the appliance shall have a
total door rail, glass, and frame heater power draw of no
more than 7.1 watts per square foot of door opening
(freezers) and 3.0 watts per square foot of door opening
(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 (freezers) and 3.0 watts per square foot
of door opening (coolers), then the antisweat heat controls
shall reduce the energy use of the antisweat heater in an
amount corresponding to the relative humidity in the air
outside the door or to the condensation on the inner glass
pane.
``(3) 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 which the Secretary determines is technologically
feasible and economically justified. Such standards shall
apply to products manufactured three years after the final
rule is published unless the Secretary determines, by rule,
that three years is inadequate, in which case the Secretary
may set an effective date for products manufactured no
greater than five years after the date of publication of a
final rule for these products.
``(4) Not later than January 1, 2020, the Secretary shall
publish a final rule to determine if the standards
established under paragraph (3) should be amended. The rule
shall
[[Page H9877]]
provide that such standards shall apply to products
manufactured three years after the final rule is published
unless the Secretary determines, by rule, that three years is
inadequate, in which case the Secretary may set an effective
date for products manufactured no greater than five years
after the date of publication of a final rule for these
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) For walk-in coolers and walk-in freezers:
``(A) R value is defined as 1/K factor multiplied by the
thickness of the panel. K factor shall be based on ASTM test
procedure C518-2004. For calculating R value for freezers,
the K factor of the foam at 20F (average foam temperature)
shall be used. For calculating R value for coolers the K
factor of the foam at 55F (average foam temperature) shall be
used.
``(B) 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. Such 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)'' and inserting ``subparagraphs (B), (C), (D), (E), (F),
and (G)'' each place it appears.
(2) adding at the end the following:
``(h)(1)(A)(i) Except as provided in clause (ii) and
paragraphs (2) and (3), section 327 shall apply to walk-in
coolers and walk-in freezers for which standards have been
established under paragraphs (1) and (2) 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) Any State standard issued 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) In applying section 327 to the equipment under
subparagraph (A), paragraphs (1), (2), and (3) of subsection
(a) shall apply.
``(2)(A) If the Secretary does not issue a final rule for a
specific type of walk-in coolers and walk-in freezers within
the time frame specified in 342(f)(3) or (4), subsections (b)
and (c) of section 327 shall no longer apply to the specific
type of walk-in coolers and walk-in freezers for the period
beginning on the day after the scheduled date for a final
rule and ending on the date on which the Secretary publishes
a final rule covering the specific type of walk-in coolers
and walk-in freezers.
``(B) 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) Any standard issued in the State of California,
before January 1, 2011, under Title 20 of the California Code
of Regulations, which refers to walk-in coolers and walk-in
freezers, for which standards have been established under
paragraphs (1) and (2) of section 342(f), shall not be
preempted until the standards established under paragraph (3)
of section 342(f) take effect.''.
SEC. 1005. STUDY ON CREATING A REGIONAL STANDARDS PROGRAM FOR
HEATING AND COOLING PRODUCTS.
(a) Study Required.--The Secretary of Energy shall convene
a study group including a representative from the Office of
Management and Budget; a representative from the National
Institute of Standards and Technology; representatives of
nongovernmental advocacy organizations; representatives of
product manufacturers, distributors, and installers;
representatives of the gas and electric utility industries;
and such other individuals as the Secretary may designate.
The group shall evaluate the potential benefits and
consequences of allowing the Secretary to prescribe regional
standards for heating and cooling products.
(b) Report Required.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall submit a
report regarding the findings of the study group to the
Committee on Energy and Commerce in the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
SEC. 1006. 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. 1007. EXPEDITING APPLIANCE STANDARDS RULEMAKINGS.
(a) Direct Final Rule.--Section 325(p) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(p)) is amended by adding
a new paragraph (5) as follows:
``(5) If manufacturers of any type (or class) of covered
products or covered equipment, States, and efficiency
advocates, or persons determined by the Secretary to fully
represent such parties, submit to the Secretary a joint
recommendation of an energy or water conservation standard
and the Secretary determines that the recommended standard
complies with subsection (o) or section 342(a)(6)(B), as
applicable, to that type (or class) of covered products or
covered equipment to which the standard would apply, the
Secretary may then issue a direct final rule including the
standard recommended. If the Secretary determines that a
direct final rule cannot be issued based on such a submitted
joint recommendation, the Secretary shall publish a
determination with an explanation as to why the joint
recommendation does not comply with this paragraph. For
purposes of this paragraph, the term `direct final rule'
means a final rule published the same day with a parallel
notice of proposed rulemaking that proposes a new or amended
energy or water conservation standard that is identical to
the standard set forth in the final rule. There shall be a
110-day period for public comment with respect to the direct
final rule. Not later than 10 days after the expiration of
such 110-day period, the Secretary shall publish a notice
responding to comments received with respect to the direct
final rule. The Secretary shall withdraw a direct final rule
promulgated pursuant to this paragraph within 120 days after
publication in the Federal Register if the Secretary
receives, with respect to the direct final rule, one or more
adverse public comments or any alternate joint recommendation
and, based on the rulemaking record, the Secretary determines
that such adverse comments or alternate joint recommendation
may provide a reasonable basis for withdrawing the direct
final rule under subsection (o), section 342(a)(6)(B), or any
applicable law. In such a case, the Secretary shall then
proceed with the parallel notice of proposed rulemaking, and
shall identify in a notice published in the Federal Register
the reasons for the withdrawal of the direct final rule. A
direct final rule that is withdrawn in accordance with this
paragraph shall not be considered final for purposes of
subsection (o)(1) of this section. No person shall be found
in violation of this part for noncompliance with a direct
final rule that is withdrawn under this paragraph, if that
person has complied with the applicable standard in effect
under this part immediately prior to issuance of that 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
by inserting after ``section'' the first time it appears
``325(p)(5), section''.
SEC. 1008. CORRECTION OF LARGE AIR CONDITIONER RULE ISSUANCE
CONSTRAINT.
(a) Definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended by adding the
following new paragraphs at the end:
``(22) The term `single package vertical air conditioner'
means air-cooled commercial package air conditioning and
heating equipment; factory assembled as a single package
having its major components arranged vertically, which is an
encased combination of cooling and optional heating
components, is intended for exterior mounting on, adjacent
interior to, or through an outside wall; and is powered by a
single- or three-phase current. It may contain separate
indoor grille(s), outdoor louvers, various ventilation
options, indoor free air discharge, ductwork, well plenum, or
sleeve. Heating components may include electrical resistance,
steam, hot water, or gas, but may not include reverse cycle
refrigeration as a heating means.
``(23) The term `single package vertical heat pump' means a
single package vertical air conditioner that utilizes reverse
cycle refrigeration as its primary heat source, that 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 each of paragraphs (1) and (2), by inserting after
``heating equipment'' in the first sentence ``, including
single package vertical air conditioners and single package
vertical heat pumps,'';
(2) in paragraph (1), by striking ``but before January 1,
2010,'';
(3) in paragraph (6)(A)(i), by striking ``January 1,
2010,'' and inserting ``October 24, 1992,'';
(4) in each of paragraphs (7), (8), and (9), by inserting
after ``heating equipment'' in the first sentence ``,
excluding single package vertical air conditioners and single
package vertical heat pumps,'';
(5) in paragraph (7)--
(A) by striking ``manufactured on or after January 1,
2010'';
(B) in each of subparagraphs (A), (B), and (C) , by adding
at the beginning ``For equipment manufactured on or after
January 1, 2010,''; and
(C) by adding at the end the following new subparagraphs:
``(D) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, the minimum seasonal energy efficiency ratio of
air-cooled three-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.
``(E) For equipment manufactured on or after the later of
January 1, 2008, or the date
[[Page H9878]]
six months after enactment of this section, minimum seasonal
energy efficiency ratio of air-cooled three-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.
``(F) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, minimum heating seasonal performance factor of
air-cooled three-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity), split
systems, shall be 7.7.
``(G) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, the minimum heating seasonal performance factor
of air-cooled three-phase electric central air conditioning
heat pumps less than 65,000 Btu per hour (cooling capacity),
single package, shall be 7.7.''; and
(6) by adding the following new paragraphs at the end:
``(10) Single package vertical air conditioners and single
package vertical heat pumps manufactured on or after January
1, 2010, shall meet the following standards:
``(A) 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.
``(B) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), three-phase, shall be 9.0.
``(C) 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.
``(D) 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.
``(E) 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.
``(F) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), three-phase, shall be 9.0; and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(G) 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.
``(H) 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.
``(11) Not later than 36 months 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 according to the procedures established
in paragraph (6).''.
SEC. 1009. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND
CLARIFYING STATE AUTHORITY.
(a) Consumer Appliances.--Section 325(m) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)) is amended to
read as follows:
``(m) Further Rulemaking.--(1) 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 either--
``(A) a notice of the Secretary's determination that
standards for that product do not need to be amended, based
on the criteria in subsection (n)(2); or
``(B) a notice of proposed rulemaking including new
proposed standards based on the criteria in subsection (o)
and the procedures in subsection (p).
In either case, the Secretary shall also publish a notice
stating that the Department's analysis is publicly available,
and provide opportunity for written comment.
``(2) 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. Not later than 3 years
after a determination under paragraph (1)(A), the Secretary
shall make a new determination and publication under
paragraph (1)(A) or (B).
``(3) An amendment prescribed under this subsection shall
apply to products manufactured after a date which is 3 years
after publication of the final rule establishing a standard,
except that a manufacturer shall not be required to apply new
standards to a product with respect to which other new
standards have been required within the prior 6 years.
``(4) 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 set forth in
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 amending the remainder of the paragraph to read as
follows:
``(6)(A) If ASHRAE/IES Standard 90.1 is amended with
respect to any small, large, or 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, the Secretary shall within 6 months publish in the
Federal Register for public comment an analysis of the energy
savings potential of the amended energy efficiency standards.
The Secretary shall establish an amended uniform national
standard for that product at the minimum level for each
effective date specified in the amended ASHRAE/IES Standard
90.1 within 18 months of the ASHRAE amendment's publication,
unless 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 such amended ASHRAE/IES Standard 90.1 for such
product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
``(B) If the Secretary issues a rule containing such a
determination, the rule shall establish such amended
standard, and shall be issued within 30 months of the ASHRAE
amendment's publication.
``(C)(i) 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 either--
``(I) a notice of the Secretary's determination that
standards for that product do not need to be amended, based
on the criteria in subparagraph (A); or
``(II) a notice of proposed rulemaking including new
proposed standards based on the criteria and procedures in
subparagraph (B).
In either case, the Secretary shall also publish a notice
stating that the Department's analysis is publicly available,
and provide opportunity for written comment.
``(ii) 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. Not later than 3
years after a determination under clause (i)(I), the
Secretary shall make a new determination and publication
under clause (i)(I) or (II).
``(iii) An amendment prescribed under this subparagraph
shall apply to products manufactured after a date which is 3
years after publication of the final rule establishing a
standard, except that a manufacturer shall not be required to
apply new standards to a product with respect to which other
new standards have been required within the prior 6 years.
``(iv) The Secretary shall promptly submit to the House
Committee on Energy and Commerce and to the Senate Committee
on Energy and Natural Resources a progress report every 180
days on compliance with this paragraph, including a specific
plan to remedy any failures to comply with deadlines for
action set forth in this paragraph.''.
SEC. 1010. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances.--Section 323(b)(1)(A) of the
Energy Policy and Conservation Act (42 U.S.C. 6923(b)(1)(A))
is amended by striking ``The Secretary may'' and all that
follows through ``paragraph (3)'' and inserting ``At least
every 7 years the Secretary shall review test procedures for
all covered products and shall--
``(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)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6314(a)(1)) is amended
by striking ``The Secretary may'' and all that follows
through ``this section'' and inserting ``At least every 7
years the Secretary shall conduct an evaluation of each class
of covered equipment and--
``(B) 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 such class in accordance with the provisions
of this section; or
``(C) shall publish notice in the Federal Register of any
determination not to amend a test procedure''.
SEC. 1011. TECHNICAL CORRECTIONS.
(a) Section 135(a)(1)(A)(ii) of the Energy Policy Act of
2005 (Public Law 109-58) is amended by striking ``C78.1-
1978(R1984)'' and inserting ``C78.3-1978(R1984)''.
(b) Section 325 of the Energy Policy and Conservation Act
(42 U.S.C. 6295) (as amended by section 135(c)(4) of the
Energy Policy Act of 2005) is amended--
(1) in subsection (v)--
(A) in the subsection heading, by striking ``Ceiling Fans
and'';
(B) by striking paragraph (1); and
[[Page H9879]]
(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)'';
(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''.
PART 2--LIGHTING EFFICIENCY
SEC. 1021. ENERGY EFFICIENCY STANDARDS FOR GENERAL SERVICE
INCANDESCENT LAMPS.
(a) Amendments.--Section 321(30) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)), is amended as follows:
(1) Delete subsection 30(D) in its entirety, and insert in
its place:
``(D) The term `general service incandescent lamp' means a
standard incandescent or halogen type lamp that: is intended
for general service applications; has a medium screw base;
has a wattage rating no less than 25 watts and no greater
than 150 watts; has a voltage range at least partially within
110 and 130 volts; has an A-15, A-19, A-21, A-23, A-25, PS-
25, PS-30, BT-14.5, BT-15, CP-19, TB-19, CA-22, or equivalent
shape as defined in ANSI C78.20-2003; and has a bulb finish
of the frosted, clear, soft white, or modified (enhanced)
spectrum type. The following incandescent lamps are not
general service incandescent lamps:
``(i) appliance,
``(ii) black light,
``(iii) bug,
``(iv) colored,
``(v) infrared,
``(vi) left-hand thread,
``(vii) marine,
``(viii) marine signal service,
``(ix) mine service,
``(x) plant light,
``(xi) reflector,
``(xii) rough service,
``(xiii) shatter resistant,
``(xiv) sign service,
``(xv) silver bowl,
``(xvi) showcase,
``(xvii) three-way,
``(xviii) traffic signal, and
``(xix) vibration service or vibration resistant.''.
(2) Insert after paragraph 30(S) (42 U.S.C. 6291(30)(S))
the following new subparagraph:
``(T) The terms `modified spectrum' or `enhanced spectrum'
lamp, as related to incandescent lamps, means an incandescent
lamp that is not a colored incandescent lamp, and when
operated at its rated voltage and wattage:
``(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 distant from the color point of a
clear lamp with the same filament and bulb shape, operated at
the same rated voltage and wattage. The MacAdam steps are
defined as referenced in IESNA LM16.
``(U) The terms `vibration service lamp' or `vibration
resistant lamp' means a lamp with filament configurations
similar to but not limited to C-5, C-7A, or C-9, as listed in
Figure 6-12 of the 9th Edition of the IESNA Lighting
Handbook. The lamp is designated and marketed specifically
for vibration service or vibration resistant applications,
has a maximum wattage of 60 watts, and is sold at retail in
packages of 4 lamps or less. The designation shall be on the
lamp packaging, and marketing materials shall identify the
lamp as being vibration resistant or vibration service.
``(V) The term `rough service lamp' means a lamp that has a
minimum of 5 supports with filament configurations similar to
but not limited to C7A, C11, C17, and C22 as listed in Figure
6-12 of the 9th edition of the IESNA Lighting handbook, where
lead wires are not counted as supports. The lamp is
designated and marketed specifically for `rough service'
applications. The designation shall appear on the lamp
packaging, and marketing materials shall identify the lamp as
being for rough service.
``(W) The term `three-way lamp' means an incandescent lamp
that employs two filaments, operated separately and in
combination, to provide three light levels. The designation
shall be on the lamp packaging, and marketing materials shall
identify the lamp as being a three-way lamp.
``(X) The term `appliance lamp' means any lamp specifically
designed to operate in a household appliance with a maximum
wattage of 40 watts and sold at retail. Examples of appliance
lamps include oven lamps, refrigerator lamps, and vacuum
cleaner lamps. Appliance lamps sold at retail shall be
designated and marketed for the intended application. The
designation shall be on the lamp packaging, and marketing
materials shall identify the lamp as being an appliance lamp.
``(Y) The term `shatter-resistant lamp', `shatter-proof
lamp', or `shatter-protected' means a lamp with a coating or
equivalent technology compliant with NSF/ANSI 51, designed to
contain glass in the event the glass envelop of the lamp is
broken and provides effective containment over the life of
the lamp. The lamp is designed and marketed specifically for
applications where it is necessary to contain glass in the
event the glass envelop of the lamp is broken. The
designation shall be on the lamp packaging, and marketing
material shall identify the lamp as being shatter-resistant,
shatter-proof or shatter-protected.''.
(3) Section 322(a)(14) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)(14), is amended by
inserting after ``general service fluorescent lamps' '' the
following: ``general service incandescent lamps,''.
(4) Section 325(i) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(i)), is amended as follows:
(A) Insert in the heading of subsection (i) after ``General
Service Fluorescent Lamps'' the following: ``General Service
Incandescent Lamps,''.
(B) Insert in subsection (i), paragraph (1)(A) (42 U.S.C.
6295(i)(1)(A)) after ``general service fluorescent lamps''
the following: ``general service incandescent lamps,''.
(C) Insert in subsection (i), paragraph (1)(A) (42 U.S.C.
6295(i)(1)(A)) after ``lamp efficacy'' the following: ``new
maximum wattage,''.
(D) Insert in subsection (i), paragraph (1)(A) (42 U.S.C.
6295(i)(1)(A)) after the table titled ``incandescent
reflector lamp'' the following table titled ``general service
incandescent lamps'':
``CLEAR, INSIDE FROST, AND SOFT WHITE GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
New Maximum
Common Wattage Lumen Range Wattage Effective Date
----------------------------------------------------------------------------------------------------------------
100........................................... 1490-2600 72 July 1, 2012.
75............................................ 1010-1489 53 January 1, 2014.
60............................................ 730-1009 43 January 1, 2015.
40............................................ 310-729 29 January 1, 2018.
----------------------------------------------------------------------------------------------------------------
``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
New Maximum
Common Wattage Lumen Range Wattage Effective Date
----------------------------------------------------------------------------------------------------------------
100........................................... 1118-1950 72 July 1, 2012
75............................................ 758-1117 53 January 1, 2014
60............................................ 548-757 43 January 1, 2015
40............................................ 232-547 29 January 1, 2018
----------------------------------------------------------------------------------------------------------------
``All lamps intended for general service (general
illumination) applications (whether incandescent or not),
with a medium screw base, and with a voltage range at least
partially within 110 and 130 volts, and with no external bulb
or with a bulb of the frosted,
[[Page H9880]]
clear, soft white, or modified spectrum types, and
manufactured or imported after June 30, 2012 shall have a
minimum rated life of 1000 hours and must have a color
rendering index (CRI) greater than or equal to 80 for
frosted, clear, and soft white lamps, or greater than or
equal to 75 for modified spectrum lamps.''.
(F) Amend paragraph (1)(B) (42 U.S.C. 6295(i)(1)(B)) to
read as follows: ``Unless a date is specified in the tables
set forth in subparagraph (A), the term `effective date'
means the last day of the month set forth in the table which
follows October 24, 1992.''.
(G) Amend paragraph (5) (42 U.S.C. 6295(5)) by deleting the
term ``general service incandescent lamps''.
(H) Amend paragraphs (6) and (7) (42 U.S.C. 6295(i)(6) and
(7)) as follows:
(i) Redesignate paragraph (6) as (7) and paragraph (7) as
(8), respectively.
(ii) Insert a new paragraph (6) to read as follows:
``(6)(A) Not later than January 1, 2015, the Secretary
shall initiate a rulemaking procedure to determine if
standards in effect for general service incandescent lamps
should be amended to reflect lumen ranges with more stringent
maximum wattages than those set forth in subparagraph (1)(A).
This rulemaking shall not be limited to incandescent lamp
technologies. The Secretary will also determine whether the
exemptions for certain incandescent lamps should be
maintained or discontinued. The Secretary may also give
consideration to the feasibility of obtaining an efficacy of
up 60 lumens per watt in determining whether the standards
should be amended. In the event 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 no
earlier than three years from the date the final rule is
published. The Secretary shall also consider phased-in
effective dates after considering the impact of any amendment
on manufacturers, retiring and re-purposing existing
equipment, the cost impact of stranded investments, labor
contracts, impact on workers, the cost of raw materials, and
the time needed to work with retailers and lighting designers
to revise sales and marketing strategies.
``(B) Not later than January 1, 2020, the Secretary shall
initiate another rulemaking procedure to determine if
standards in effect for general service incandescent lamps
should be amended to reflect lumen ranges with more stringent
maximum wattages than those set forth in subparagraph (1)(A).
This rulemaking shall not be limited to incandescent lamp
technologies. The Secretary will also determine whether the
exemptions for certain incandescent lamps should be
maintained or discontinued. The Secretary may also give
consideration to the feasibility of obtaining an efficacy of
up 60 lumens per watt in determining whether the standards
should be amended. In the event 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 no
earlier than three years from the date a final rule is
published. The Secretary may also consider phased-in
effective dates after considering the impact of any amendment
on manufacturers, retiring and re-purposing existing
equipment, the cost impact of stranded investments, labor
contracts, impact on workers, the cost of raw materials, and
the time needed to work with retailers and lighting designers
to revise sales and marketing strategies.''.
(I) Amend section 325(l) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(l)), by adding at the end a
new paragraph (4) as follows:
``(4) The Secretary shall prescribe an energy efficiency
standard for rough service, vibration service, three-way A-
line lamps, 150 watt A-line lamps, and shatter-resistant
lamps, only under the following circumstances:
``(A) Within 60 days following the date of enactment of the
Energy Efficiency Improvement Act of 2007, the Secretary, in
consultation with the National Electrical Manufacturers
Association, shall collect annual United States unit sales
for the calendar years 1990-2006 for each of these four types
of lamps to determine their historical growth rate and
construct a model for each type of lamp based on coincident
economic indicators that closely matches the historical
annual growth rate of these lamps to provide a neutral
comparison benchmark to model future unit sales after
calendar year 2006.
``(B) Beginning in calendar year 2010 and for each calendar
year through 2025, the Secretary, in consultation with the
National Electrical Manufacturers Association, shall collect
actual United States unit sales data for these five types of
lamps and calculate a rolling 3-year average sales rate for
each type of lamp.
``(C) The first year that the reported 3-year average shows
actual unit sales of rough service lamps achieving levels at
least 100 percent higher than modeled unit sales for that
same year, then the Secretary is directed to issue a finding
that the index has been exceeded. The Secretary is directed
to issue that finding within 90 days of the end of the
previous calendar year, and within 12 months from the end of
the previous calendar year for which the Secretary issues
that finding, the Secretary shall complete an accelerated
rulemaking to establish an energy conservation standard for
rough service lamps. If the Secretary fails to complete an
accelerated rulemaking within 12 months as required, the
Secretary shall require a shatter proof coating or equivalent
compliant with NSF/ANSI 51, designed to contain glass in the
event the glass envelop of the lamp is broken and provides
effective containment over the life of the lamp, on rough
service lamps, which can only sold at retail in packages of
one lamp, effective one year from the end of the rulemaking
period.
``(D) The first year that the reported 3-year average shows
actual unit sales of vibration service lamps achieving levels
at least 100 percent higher than modeled unit sales for that
same year, then the Secretary is directed to issue a finding
that the index has been exceeded. The Secretary is directed
to issue that finding within 90 days of the end of the
previous calendar year, and within 12 months from the end of
the previous calendar year for which the Secretary issues
that finding, the Secretary shall complete an accelerated
rulemaking to establish an energy conservation standard for
vibration service lamps. If the Secretary fails to complete
an accelerated rulemaking within 12 months as required, the
Secretary shall impose a maximum 40W cap upon vibration
service lamps, effective one year from the end of the
rulemaking period.
``(E) The first year that the reported 3-year average shows
actual unit sales of three-way lamps achieving levels at
least 100 percent higher than modeled unit sales for that
same year, then the Secretary is directed to issue a finding
that the index has been exceeded. The Secretary is directed
to issue that finding within 90 days of the end of the
previous calendar year, and within 12 months from the end of
the previous calendar year for which the Secretary issues
that finding, the Secretary shall complete an accelerated
rulemaking to establish an energy conservation standard for
three-way lamps. If the Secretary fails to complete an
accelerated rulemaking within 12 months as required, the
Secretary shall impose a requirement that each filament in
the lamp meet the new maximum wattage requirements for the
respective lumen range set forth in paragraph (1)(A),
effective one year from the end of the rulemaking period.
``(F) The first year that the reported 3-year average shows
actual unit sales of 150 watt A-line lamps for the lumen
range of 2601-3300 lumens (or for modified spectrum lumen
range of 1951-2475 lumens) achieving levels at least 100
percent higher than modeled unit sales for that same year,
then the Secretary is directed to issue a finding that the
index has been exceeded. The Secretary is directed to issue
that finding within 90 days of the end of the previous
calendar year, and within 12 months from the end of the
previous calendar year for which the Secretary issues that
finding, the Secretary shall complete an accelerated
rulemaking to establish an energy conservation standard for
150 watt A-line lamps. If the Secretary fails to complete an
accelerated rulemaking within 12 months as required, the
Secretary shall impose a maximum 95 watt cap upon these
products for the lumen range of 2601-3300 lumens, which must
be sold in packages of one lamp. For modified spectrum lamps,
a 95 watt cap applies for products in the lumen range of
1951-2475 lumens, which must be sold in packages of one lamp.
``(G) The first year that the reported 3-year average shows
actual unit sales of shatter resistant lamps achieving levels
at least 100 percent higher than modeled unit sales for that
same year, then the Secretary is directed to issue a finding
that the index has been exceeded. The Secretary is directed
to issue that finding within 90 days of the end of the
previous calendar year, and within 12 months from the end of
the previous calendar year for which the Secretary issues
that finding, the Secretary shall complete an accelerated
rulemaking to establish an energy conservation standard for
shatter resistant lamps. If the Secretary fails to complete
an accelerated rulemaking within 12 months as required, the
Secretary shall require shatter resistant lamps sold at
retail in only packages of one lamp, effective one year from
the end of the rulemaking period.
``(H) If the Secretary issues a final rule prior to 2025
establishing an energy conservation standard for any of the
five types of lamps for which data collection is required by
this subsection, the requirement of this subsection to
collect and model data for that type of lamp shall terminate,
except in the case where the Secretary imposes a requirement
established by the provisions of this subsection as a result
of a failure to complete an accelerated rulemaking within 12
months, in which case the data collection and modeling shall
continue for another two years after the effective date of
that requirement.''.
(b) Consumer Education and Lamp Labeling.--
(1) Section 324(a)(2)(C) of the Energy Policy and
Conservation Act is amended by adding at the end the
following new clauses:
``(iii) Within 180 days of the date of enactment of this
section, the Commission shall initiate a rulemaking to
consider the effectiveness of current lamp labeling for power
levels (watts), light output (lumens), and lamp lifetime, and
to consider alternative labeling approaches that will help
consumers to understand new high-efficiency lamp products and
to base their purchase decisions on the most appropriate lamp
product that meets their requirements for lighting level,
[[Page H9881]]
light quality, lamp lifetime, and total lifecycle cost. The
Commission shall complete this rulemaking within two years of
enactment of this section, and shall consider re-opening the
rulemaking within 180 days prior to the effective dates of
the standards for general service incandescent lamps
established in section 325(i)(1)(A) (42 U.S.C.
6295(i)(1)(A)), if it determines that further labeling
changes are needed to help consumers understand lamp
alternatives.
``(iv) The Secretary, 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 determines to be
appropriate, shall--
``(I) conduct an annual assessment of the market for
general service lamps and compact fluorescent lamps to
identify trends in the market shares of lamp types,
efficiencies, and light output levels purchased by
residential and non-residential consumers, and to better
understand the degree to which consumer decision-making is
based on lamp power levels (watts), light output (lumens),
lamp lifetime, and other factors including but not limited to
the information required on FTC-mandated labels;
``(II) provide the results of this market assessment to the
FTC for consideration in the rulemaking described in
subsection (a); and
``(III) carry out, in cooperation with industry trade
associations, lighting industry members, utilities, and other
interested parties a proactive national program of consumer
awareness, information, and education that broadly utilizes
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 their needs.''.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the
amendments made by this section $10,000,000 for each of the
fiscal years 2008 through 2012, to remain available until
expended.
(c) Enforcement.--Section 334 of the Energy Policy and
Conservation Act (42 U.S.C. 6304) is amended in the second
sentence by inserting after ``shall be brought by the
Secretary'' the following: ``; and 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) of this
title may also be brought by an attorney general of a State
in the name of the State.''.
(d) Other Provisions.--Section 327(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6297(b)) is amended by
inserting before the semicolon at the end of paragraph (1)
``, or in the case of any portion of any regulation that
establishes requirements for general service incandescent
lamps, was adopted by the California Energy Commission or by
the State of Nevada before July 27, 2007, or in the case of
any portion of any regulation that incorporates the specific
lumen ranges and new maximum wattages established in section
325(i)(1)(A) for (i) general service incandescent lamps in
the lumen range 1490-2600 lumens and establishes an effective
date no earlier than July 1, 2012, or (ii) general service
incandescent lamps in the lumen ranges 1010-1489 lumens, 730-
1009 lumens, and 310-729 lumens and establishes an effective
date no earlier than 1 year prior to the effective date
established for such lamps in section 325(i)(1)(A), adopted
by the California Energy Commission no later than two years
prior to the effective date established for such lamps in
section 325(i)(1)(A)''.
(e) Prohibited Acts.--Section 332(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following new paragraph:
``(6) for any manufacturer, distributor, retailer, or
private labeler to distribute in commerce an adapter designed
to allow a lamp that does not have a medium screw base, with
a voltage range at least partially within 110 and 130 volts,
to be installed into a fixture or lampholder with a medium
screw base socket.''.
SEC. 1022. INCANDESCENT REFLECTOR LAMPS.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) 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 greater than 40 watts.''; and
(2) by adding at the end the following:
``(52) 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.
``(53)(A) 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.
``(B) The term `BR30' refers to a BR incandescent reflector
lamp with a diameter of 30/8ths of an inch and the term
`BR40' refers to a BR incandescent reflector lamp with a
diameter of 40/8ths of an inch.
``(54)(A) 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) The term `ER30' refers to an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch and the
term `ER40' refers to an ER incandescent reflector lamp with
a diameter of 40/8ths of an inch.
``(55) 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. 6925(i)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph,
except as specified in subparagraphs (C) and (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 the date of
enactment of the Energy Efficiency Improvement Act of 2007.
``(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
----------------------------------------------------------------------------------------------------------------
Minimum
Average Effective
Lamp Type Nominal Lamp Wattage Minimum CRI Lamp Date
Efficacy (Period of
(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
----------------------------------------------------------------------------------------------------------------
[[Page H9882]]
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum
Average Effective
Nominal Lamp Wattage Lamp Date
Efficacy (Period of
(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 of the following
types: ER30, BR30, BR40, and ER40 lamps.
``(ii) Lamps rated at 65 watts of the following types:
BR30, BR40, and ER40 lamps.
``(iii) R20 incandescent reflector lamps of 45 watts or
less.
``(D) Effective dates.--
``(i) Er, br, and bpar lamps.--Except as provided in
subparagraph (A), 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 January 1, 2008.''.
SEC. 1023. METAL HALIDE LAMP FIXTURES.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended by adding at the
end the following:
``(57) 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.
``(58) 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.
``(59) 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.
``(60) The term `metal halide ballast' means a ballast used
to start and operate metal halide lamps.
``(61) 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. Lamps are
started by first providing a high voltage pulse for
ionization of the gas to produce a glow discharge. To
complete the starting process, power is provided by the
ballast to sustain the discharge through the glow-to-arc
transition.
``(62) The term `probe-start metal halide ballast' means a
ballast that starts a probe start metal halide lamp which
contains a third starting electrode (probe) in the arc tube.
This ballast does not generally contain an igniter and
instead starts lamps with high ballast open circuit voltage.
``(63) The term `electronic ballast' means a device that
uses semiconductors as the primary means to control lamp
starting and operation.
``(64) The term `general lighting application' means
lighting that provides an interior or exterior area with
overall illumination.
``(65) The term `ballast efficiency' for a high intensity
discharge fixture means the efficiency of a lamp and ballast
combination, expressed as a percentage, and calculated by
Efficiency = Pout/Pin, as measured. Pout is the measured
operating lamp wattage, and Pin is the measured operating
input wattage. The lamp, and the capacitor when it is
provided, is to constitute a nominal system in accordance
with the ANSI Standard C78.43-2004. Pin and Pout are to 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 for ballasts with a frequency of 60 Hz, and shall
have a basic accuracy of 0.5 percent at the
higher of--
``(A) three times the output operating frequency of the
ballast; or
``(B) 2 kHz for ballast with a frequency greater than 60
Hz.
The Secretary may, by rule, modify this definition if he
determines that such modification is necessary or appropriate
to carry out the purposes of this Act.''.
(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(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(c)) is amended by adding
at the end the following:
``(17) Test procedures for metal halide lamp ballasts shall
be based on American National Standards Institute 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) The Commission shall prescribe labeling rules under
this section applicable to the covered product specified in
paragraph (19) of section 322(a) and to which standards are
applicable under section 325. Such rules shall provide that
the labeling of any metal halide lamp fixture manufactured on
or after the later of January 1, 2009, or nine months after
enactment of this subparagraph, will 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 such fixture.''.
(e) Standards.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended--
(1) by redesignating subsection (gg) as subsection (hh);
(2) by inserting after subsection (ff) the following:
``(gg) Metal Halide Lamp Fixtures.--
``(1)(A) 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 non-pulse-start electronic ballast with a minimum
ballast efficiency of 92 percent for wattages greater than
250 watts and a minimum ballast efficiency of 90 percent for
wattages less than or equal to 250 watts.
``(B) The standards in subparagraph (A) do not apply to
fixtures with regulated lag ballasts, fixtures that use
electronic ballasts that operate at 480 volts, or fixtures
that meet all of the following criteria:
``(i) Rated only for 150 watt lamps.
``(ii) Rated for use in wet locations as specified by the
National Electrical Code 2002, Section 410.4(A).
``(iii) Contain a ballast that is rated to operate at
ambient air temperatures above 50 deg.C as specified by UL
1029-2001.
``(C) The standard in subparagraph (A) shall apply to metal
halide lamp fixtures manufactured on or after the later of
January 1, 2009, or 9 months after the date of enactment of
this subsection.
``(2) 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. Such final
rule shall contain the amended standards, if any, and shall
apply to products manufactured after January 1, 2015.
``(3) Not later than January 1, 2019, the Secretary shall
publish a final rule to determine whether the standards then
in effect should be amended. Such final rule shall contain
the amended standards, if any, and shall apply to products
manufactured after January 1, 2022.
``(4) Notwithstanding any other provision of law, any
standard established pursuant to this subsection may contain
both design and performance requirements.''; and
(3) in subsection (hh), as so redesignated by paragraph (1)
of this subsection, by striking ``(ff)'' both places it
appears and inserting ``(gg)''.
(f) Effect on Other Law.--Section 327(c) of the Energy
Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) by striking the period at the end of paragraph (8)(B)
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. If the Secretary fails to issue a final rule
within 6 months after the deadlines for rulemakings in
section 325(gg) then, notwithstanding any other provision of
this section, preemption does not apply to a regulation
concerning metal halide lamp fixtures adopted by the
California Energy Commission on or before July 1, 2015, if
the Secretary misses the deadline specified in paragraph (2)
of section 325(gg), or on or before July 11, 2022, if the
Secretary misses the deadline specified in paragraph (3) of
section 325(gg).''.
SEC. 1024. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND
BULBS.
(a) In General.--Chapter 33 of title 40, United States
Code, is amended--
(1) by redesignating sections 3313, 3314, and 3315 as
sections 3314, 3315, and 3316, respectively; and
(2) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and
bulbs
``(a) Construction and Alteration of Public Buildings.--
Each public building constructed or significantly altered 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 as
[[Page H9883]]
determined by the Administrator, 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 LED luminaires, lamps, and systems
whose efficacy (lumens per watt) and Color Rendering Index
(CRI) meet the requirements for minimum luminaire efficacy
and CRI for the Energy Star certification, as verified by an
independent third-party testing laboratory that conducts its
tests according to the procedures and recommendations of the
Illuminating Engineering Society of North America, even if
these luminaires, lamps, and systems have not received such
certification; or
``(3) the Administrator has otherwise determined that the
fixture or bulb is energy efficient.
``(e) Significant Alterations.--A public building shall be
treated as being significantly altered for purposes of
subsection (a) if the alteration is subject to congressional
approval under section 3307.
``(f) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of
enactment of this subsection.''.
(b) Conforming Amendment.--The analysis for chapter 33 of
title 40, United States Code, 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.''.
SEC. 1025. PROTECTING CHILDREN AND SENSITIVE PERSONS FROM
MERCURY.
Notwithstanding any requirements to increase energy
efficient lighting in public buildings, no school, hospital,
nursing home, or daycare center can be compelled to install
or utilitze such energy efficient lighting technology if that
energy efficient lighting technology contains mercury.
PART 3--RESIDENTIAL WEATHERIZATION
SEC. 1031. BASELINE BUILDING DESIGNS.
Section 327(f)(3)(D) of the Energy Policy and Conservation
Act (42 U.S.C. 6297(f)(3)(D)) is amended to read as follows:
``(D) If the code uses one or more baseline building
designs against which all submitted building designs are to
be evaluated and such baseline building designs contain a
covered product subject to an energy conservation standard
established in or prescribed under section 325, the baseline
building designs are based on the efficiency level for such
covered product which--
``(i) meets but does not exceed such standard;
``(ii) is the efficiency level required by a regulation of
that State for which the Secretary has issued a rule granting
a waiver under subsection (d) of this section; or
``(iii) is a level that, when evaluated in the baseline
building design, the State has found to be feasible and cost-
effective.''.
SEC. 1032. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE
PROGRAM.
(a) Amendment.--Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking
``$500,000,000 for fiscal year 2006, $600,000,000 for fiscal
year 2007, and $700,000,000 for fiscal year 2008'' and
inserting ``$600,000,000 for fiscal year 2007, and
$750,000,000 for each of fiscal years 2008, 2009, 2010, 2011,
and 2012. From those sums, the Secretary is authorized to
initiate an Alternative Delivery System Pilot Project to
examine options for decreasing energy consumption associated
with heating and cooling while increasing household
participation by focusing on key energy saving components.
Alternative Delivery System Pilot Projects should be
undertaken in both hot and cold urban areas''.
(b) Sustainable Energy Resources for Consumers Grants.--(1)
The Secretary of Energy 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 currently covered by the program, provided
that the State Weatherization grantee has certified that the
applicant has the capacity to carry out the proposed
activities and that the grantee will include the project in
its financial oversight of the Weatherization Assistance
program.
(2) In selecting the grants, the program 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
those 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 for such projects may equal up to two percent
of funding in any fiscal year, provided that no funding is
utilized for Sustainable Energy Resources for Consumers
grants in any fiscal year in which Weatherization
appropriations are less than $275,000,000.
PART 4--COMMERCIAL AND FEDERAL BUILDING EFFICIENCY
SEC. 1041. DEFINITIONS.
In this part:
(1) Federal facility.--
(A) In general.--The term ``Federal facility'' means any
building or facility the intended use of which requires the
building or facility to be--
(i) accessible to the public; and
(ii) constructed or altered by or on behalf of the United
States.
(B) Exclusions.--The term ``Federal facility'' does not
include a privately-owned residential or commercial structure
that is not leased by the Federal Government.
(2) High-performance green building.--The term ``high-
performance green building'' means a building that, during
its life-cycle--
(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 Secretary considers to be
appropriate.
(3) 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 green building project and continuing through
site selection, design, construction, landscaping,
commissioning, operation, maintenance, renovation,
deconstruction or demolition, removal, and recycling of the
green building.
(4) 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.
(5) 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.
(6) Practices.--The term ``practices'' mean design,
financing, permitting, construction, commissioning, operation
and maintenance, and other practices that contribute to
achieving zero-net-energy commercial buildings.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Zero-net-energy.--The term ``zero-net-energy commercial
building'' means a building that is designed, constructed,
and operated to--
(A) produce on site and distribute as much energy on an
annual basis as it uses from external sources;
(B) result in no net emissions of greenhouse gases; and
(C) be economically viable to construct and operate,
through a combination of ultra energy-efficient building
materials and equipment, effective control systems, and
onsite power generation from renewable or other energy
sources; and
SEC. 1042. HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Policy.--It shall be the policy of the United States
that all Federal buildings shall be high-performance green
buildings, to
[[Page H9884]]
the extent that it is cost-justified. The Secretary shall
provide technical assistance to other departments and
agencies to achieve this policy.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Secretary shall submit to Congress a report that--
(1) describes the status of the green building initiatives
by the Department and other Federal programs in effect as of
the date of the report, including--
(A) the extent to which the programs are being carried out;
and
(B) the status of funding requests and appropriations for
those programs;
(2) summarizes and highlights development, at the State and
local level, of green building initiatives, including
executive orders, policies, or laws adopted promoting green
building (including the status of implementation of those
initiatives); and
(3) 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
paragraph (1) of this subsection.
SEC. 1043. ZERO-NET-ENERGY COMMERCIAL BUILDINGS GOAL.
(a) Goal.--The Secretary, in collaboration with
stakeholders, shall study, refine, and adopt a national goal
to reduce commercial building energy use and achieve zero-
net-energy commercial buildings. Unless the Secretary
concludes that such targets are unachievable or unrealistic
or not cost effective, the goal shall include the objective
that all new commercial buildings constructed after the
beginning of 2025 are zero-net-energy commercial buildings.
(b) Federal Compliance With Goal.--The Secretary shall
further identify and adopt a strategy of development and
widespread deployment of technologies, practices, and
policies leading to zero-net-energy performance for all
Federal buildings in accordance with the adopted goal.
SEC. 1044. PUBLIC OUTREACH.
The Secretary shall carry out public outreach to inform
individuals and entities of the information and services
available Government-wide 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 on using tools
and resources to make more cost-effective, energy-efficient,
health-protective, and environmentally beneficial decisions
for constructing high-performance green buildings,
particularly tools available 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 technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings;
(6) using such other methods as are determined by the
Secretary to be appropriate;
(7) surveying existing research and studies relating to
high-performance green buildings;
(8) coordinating activities of common interest;
(9) developing and recommending a high-performance green
building practices that--
(A) identify information and research needs, including the
relationships between health, occupant productivity, and each
of--
(i) pollutant 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; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
and
(B) promote 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;
(10) assisting the budget and life-cycle costing functions;
(11) studying and identifying potential benefits of green
buildings relating to security, natural disaster, and
emergency needs of the Federal Government; and
(12) supporting other research initiatives determined by
the Secretary.
SEC. 1045. INCENTIVES.
As soon as practicable after the date of enactment of this
Act, the Secretary shall identify incentives to encourage the
use of green buildings and related technology in the
operations of the Federal Government, 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 green building initiatives.
SEC. 1046. FEDERAL PROCUREMENT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Director of the Office of Federal
Procurement Policy, in consultation with the Secretary and
the Under Secretary of Defense for Acquisition, Technology,
and Logistics, shall promulgate revisions of the applicable
acquisition regulations, to take effect as of the date of
promulgation of the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major
renovation) of any facility--
(A) to employ integrated design principles;
(B) to improve site selection for environmental and
community benefits;
(C) to optimize building and systems energy performance;
(D) to protect and conserve water;
(E) to enhance indoor environmental quality; and
(F) to reduce environmental impacts of materials and waste
flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that--
(A) are energy-efficient; and
(B) to the maximum extent practicable, have applied
contemporary high-performance and sustainable design
principles during construction or renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a),
the Director of the Office of Procurement Policy shall issue
guidance to all Federal procurement executives providing
direction and instructions to renegotiate the design of
proposed facilities, renovations for existing facilities, and
leased facilities to incorporate improvements that are
consistent with this section.
SEC. 1047. DEMONSTRATION PROJECT.
The Secretary shall develop guidelines and best practices
to implement Federal high-performance green buildings.
SEC. 1048. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) In General.--(1) Not later than 90 days after the date
of enactment of this Act, the Secretary of Energy and
Administrator of the Environmental Protection Agency shall
jointly, 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 such program.
(2) Such program shall--
(A) consistent with the objectives of paragraph (1),
determine the type of data center and data center equipment
and facilities to be covered under such program; and
(B) include specifications, measurements, and benchmarks
that will enable data center operators to make more informed
decisions about the energy efficiency and costs of data
centers, and that--
(i) reflect the total energy consumption of data centers,
including both equipment and facilities, taking into
account--
(I) the performance and utilization of servers, data
storage devices, and other information technology equipment;
(II) the efficiency of heating, ventilation, and air
conditioning, cooling, and power conditioning systems;
(III) energy savings from the adoption of software and data
management techniques; and
(IV) other factors determined by the organization described
in subsection (b);
(ii) allow for creation of separate specifications,
measurements, and benchmarks based on data center size and
function, as well as other appropriate characteristics
determined by the organization described in subsection (b);
(iii) advance the design and implementation of efficiency
technologies to the maximum extent economically practical;
and
(iv) 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;
(C) publish the information described in subparagraph (B),
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; and
(D) not later than 1 year after the date of enactment of
this Act, and thereafter on an ongoing basis, transmit the
information described in subparagraph (B) to the Secretary
and the Administrator.
(3) Such program shall be developed and coordinated by the
data center efficiency organization described in subsection
(b) according to commonly accepted procedures for the
development of specifications, measurements, and benchmarks.
[[Page H9885]]
(b) Data Center Efficiency Organization.--Upon creation of
the program under subsection (a), the Secretary and the
Administrator shall jointly designate an information
technology industry organization to coordinate the program.
Such organization shall--
(1) 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;
(2) 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) of this subsection;
(3) follow commonly accepted procedures for the development
of specifications and accredited standards development
processes;
(4) have a mission to develop and promote energy efficiency
for data centers and information technology; and
(5) have the primary responsibility to oversee the
development and publishing of the information, measurements,
and benchmarks described in subsection (a) and transmission
of such information to the Secretary and the Administrator
for their adoption under subsection (c).
(c) Adoption of Specifications.--The Secretary and the
Administrator shall jointly, in accordance with the
requirements of section 12(d) of the National Technology
Transfer Advancement Act of 1995, adopt and publish the
specifications, measurements, and benchmarks described in
subsection (a) for use by the Federal Energy Management
Program and the Energy Star program as energy efficiency
requirements for the purposes of those programs.
(d) Monitoring.--The Secretary and the Administrator shall
jointly monitor and evaluate the efforts to develop the
program described in subsection (a) and, not later than 3
years after the date of enactment of this Act, shall make a
determination as to whether such program is consistent with
the objectives of subsection (a).
(e) Alternative System.--If the Secretary and the
Administrator make a determination under subsection (d) that
a voluntary national information program for data centers
consistent with the objectives of subsection (a) has not been
developed, the Secretary and the Administrator shall jointly,
after consultation with the National Institute of Standards
and Technology, develop, not later than 2 years after such
determination, and implement the program under subsection
(a).
(f) 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 program.
(g) Definitions.--For purposes of this section:
(1) 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 utilizes environmental control equipment to maintain the
proper conditions for the operation of electronic equipment.
(2) 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.
SEC. 1049. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts authorized under
subsection (b), there are authorized to be appropriated to
carry out this part--
(1) $10,000,000 for fiscal year 2008; and
(2) $20,000,000 for each of the fiscal years 2009 through
2014,
to remain available until expended.
(b) Energy Efficiency for Data Center Buildings.--There are
authorized to be appropriated to each of the Secretary and
the Administrator for carrying out section 1048 $250,000 for
each of the fiscal years 2008 through 2012.
PART 5--INDUSTRIAL ENERGY EFFICIENCY
SEC. 1061. INDUSTRIAL ENERGY EFFICIENCY.
(a) Amendment.--Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6201 and following) is amended by
adding the following after part D:
``PART E--INDUSTRIAL ENERGY EFFICIENCY
``SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOVERY AND
POTENTIAL USE.
``Congress finds that--
``(1) the Nation should encourage the use of otherwise
wasted energy and the development of combined heat and power
and other waste energy recovery projects where there is
wasted thermal energy in large volumes at potentially useful
temperatures;
``(2) such projects would increase energy efficiency and
lower pollution by generating power with no incremental
fossil fuel consumption;
``(3) because recovered waste energy and combined heat and
power projects are associated with end-uses of thermal energy
and electricity at the local level, they help avoid new
transmission lines, reduce line losses, reduce local air
pollutant emissions, and reduce vulnerability to extreme
weather and terrorism; and
``(4) States, localities, electric utilities, and other
electricity customers may benefit from private investments in
recovered waste energy and combined heat and power projects
at industrial and commercial sites by avoiding generation,
transmission and distribution expenses, and transmission line
loss expenses that may otherwise be required to be recovered
from ratepayers.
``SEC. 372. DEFINITIONS.
``For purposes of this Part:
``(1) The term `Secretary' means the Secretary of Energy,
in consultation with the Federal Energy Regulatory
Commission.
``(2) The term `waste energy' means_
``(A) exhaust heat and flared gases 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 Secretary may
identify.
``(3) The term `recoverable waste energy' means waste
energy from which electricity or useful thermal energy may be
recovered through modification of existing facilities or
addition of new facilities.
``(4) The term `net excess power' means, for any facility,
recoverable waste energy recovered in the form of electricity
in amounts exceeding the total consumption of electricity at
the specific time of generation on the site where the
facility is located.
``(5) The term `useful thermal energy' is energy in the
forms of direct heat, steam, hot water, or other thermal
forms that is used in production and beneficial measures for
heating, cooling, humidity control, process use, or other
valid thermal end-use energy requirements, and for which fuel
or electricity would otherwise be consumed.
``(6) The term `combined heat and power system' means a
facility--
``(A) that simultaneously and efficiently produces useful
thermal energy and electricity; and
``(B) that recovers not less than 60 percent of the energy
value in the fuel (on a lower-heating-value basis) in the
form of useful thermal energy and electricity.
``(7) The terms `electric utility', `State regulated
electric utility', `nonregulated electric utility' and other
terms used in this Part have the same meanings as when such
terms are used in title I of the Public Utility Regulatory
Policies Act of 1978 (relating to retail regulatory policies
for electric utilities).
``SEC. 373. SURVEY AND REGISTRY.
``(a) Recoverable Waste-Energy Inventory Program.--The
Secretary, in cooperation with State energy offices, shall
establish a Recoverable Waste-Energy Inventory Program. The
program shall include an ongoing survey of all major
industrial and large commercial combustion sources in the
United States and the sites where these are located, together
with a review of each for quantity and quality of waste
energy.
``(b) Criteria.--The Secretary shall, within 120 days after
the enactment of this section, develop and publish proposed
criteria subject to notice and comment, and within 270 days
of enactment, establish final criteria, to identify and
designate those sources and sites in the inventory under
subsection (a) where recoverable waste energy projects or
combined heat and power system projects may have economic
feasibility with a payback of invested costs within 5 years
or less from the date of first full project operation
(including incentives offered under this Part). Such criteria
will include standards that insure that projects proposed for
inclusion in the Registry are not developed for the primary
purpose of making sales of excess electric power under the
regulatory treatment provided under this Part.
``(c) Technical Support.--The Secretary shall provide to
owners or operators of combustion sources technical support
and offer partial funding (up to 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 that
source would offer a payback period of 5 years or less.
``(d) Registry.--(1) The Secretary shall, within one year
after the enactment of this section, establish a Registry of
Recoverable Waste-energy Sources, and sites on which those
sources are located, which meet the criteria set forth under
subsection (b). The Secretary shall update the Registry on
not less than a monthly basis, and make the Registry
accessible to the public on the Environmental Protection
Agency web site. Any State or electric utility may contest
the listing of any source or site by submitting a petition to
the Secretary.
``(2) The Secretary shall register and include on the
Registry all sites meeting the criteria of subsection (b).
The Secretary shall calculate the total amounts of
potentially recoverable waste energy from sources at such
sites, nationally and by State, and shall make such totals
public, together with information on the air pollutant and
greenhouse gas emissions savings that might be achieved with
recovery of the waste energy from all sources and sites
listed in the Registry.
``(3) The Secretary shall notify owners or operators of
Recoverable Waste-Energy
[[Page H9886]]
Sources and sites listed in the Registry prior to publishing
the listing. The owner or operator of sources at such sites
may elect to have detailed quantitative information
concerning that site not made public by notifying the
Secretary of that election. Information concerning that site
shall be included in State totals unless there are fewer than
3 sites in the State.
``(4) As waste energy projects achieve successful recovery
of waste energy, the Secretary shall remove the related sites
or sources from the Registry, and shall designate the removed
projects as eligible for the incentive provisions provided
under this Part and the regulatory treatment required by this
Part. No project shall be removed from the Registry without
the consent of the owner or operator of the project if the
owner or operator has submitted a petition under section 375
and such petition has not been acted upon or denied.
``(5) The Secretary shall not list any source constructed
after the date of the enactment of this Part on the Registry
if the Secretary determines that such source--
``(A) was developed for the primary purpose of making sales
of excess electric power under the regulatory treatment
provided under this Part; or
``(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a lower-heating-value
basis) in the form of useful thermal energy, electricity,
mechanical energy, chemical output, or some combination of
them.
``(e) Self-Certification.--Owners, operators, or third-
party developers of industrial waste-energy projects that
qualify under standards established by the Secretary may
self-certify their sites or sources to the Secretary for
inclusion in the Registry, subject to procedures adopted by
the Secretary. To prevent a fraudulent listing, the sources
shall be included on the Registry only if the Secretary
confirms the submitted data, at the Secretary's discretion.
``(f) New Facilities.--As a new energy-consuming industrial
facility is developed after the enactment of this Part, to
the extent it may constitute a site with recoverable waste
energy that may qualify for the Registry, the Secretary may
elect to include it in the Registry at the request of its
owner or operator or developer on a conditional basis,
removing the site if its development ceases or it if 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 Secretary shall offer, in cooperation with Clean
Energy Application Centers operated by the Secretary of
Energy, suggestions of 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 State report under section
548(a) of the National Energy Conservation Policy Act shall
include the results of the survey for that State under this
section.
``(i) Authorization.--There are authorized to be
appropriated to the Secretary for the purposes of creating
and maintaining the Registry and services authorized by this
section not more than $1,000,000 for each of fiscal years
2008, 2009, 2010, 2010, and 2012 and not more than $5,000,000
to the States to provide funding for State energy office
functions under this section.
``SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, UTILIZATION
AND PREVENTION OF INDUSTRIAL WASTE ENERGY.
``(a) Consideration of Standard.--Not later than 180 days
after the receipt by a State regulatory authority (with
respect to each electric utility for which it 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
provide public notice and conduct a hearing respecting the
standard established by subsection (b) and, on the basis of
such hearing, shall consider and make a determination whether
or not it is appropriate to implement such standard to carry
out the purposes of this Part. For purposes of any such
determination and any review of such determination in any
court the purposes of this section supplement otherwise
applicable State law. 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 such standard, pursuant to its 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 who generates net
excess power shall be eligible to benefit from at least one
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
three separate locations on that utility's system for direct
sale by that owner or operator to third parties at such
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 such power to up to 3 purchasers
within a 3-mile radius of the project, allowing such wires to
utilize or cross public rights-of-way, without subjecting the
project to regulation as a public utility, and according such
wires the same treatment for safety, zoning, land-use and
other legal privileges as apply or would apply to the
utility's own wires, except that--
``(A) there shall be no grant of any power of eminent
domain to take or cross private property for such wires, and
``(B) such wires shall be physically segregated and not
interconnected with any portion of the utility's system,
except on the customer's side of the utility's revenue meter
and in a manner that precludes any possible export of such
electricity onto the utility system, or disruption of such
system.
``(4) Agreed upon alternatives.--The utility and the owner
or operator of the project may reach agreement on any
alternate arrangement and its associated payments or rates
that is mutually satisfactory and in accord with State law.
``(d) Rate Conditions and Criteria.--
``(1) In general.--The options described in paragraphs (1)
and (2) in subsection (c) shall be offered under purchase and
transport rate conditions reflecting the rate components
defined under paragraph (2) of this subsection as applicable
under the circumstances described in paragraph (3) of this
subsection.
``(2) Rate components.--For purposes of this section:
``(A) Per unit distribution costs.--The term `per unit
distribution costs' means the utility's depreciated book-
value distribution system costs divided by the previous
year's volume of utility electricity sales or transmission at
the distribution level in kilowatt hours.
``(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 determined by multiplying the
utility's State-approved percentage rate of return for
distribution system assets by the per unit distribution
costs.
``(ii) In the case of an nonregulated utility, a per unit
contribution to net revenues determined by dividing the
amount of any net revenue payment or contribution to the
nonregulated utility's owners or subscribers in the prior
year by the utility's gross revenues for the prior year to
obtain a percentage (but not less than 10 percent) and
multiplying that percentage by 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 that utility's retail
rate.
``(3) Applicable rates.--
``(A) Rates applicable to sale of net excess power.--Sales
made by a project owner or operator 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 such a
facility minus per unit distribution costs, as applicable to
the type of utility purchasing the power. 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, then 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.--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 equal to the per unit distribution costs
and per unit distribution margin, as applicable to the type
of utility transporting the power. 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, then
the transport rate shall further be increased by per unit
transmission costs. In States with competitive retail markets
for electricity, the applicable transportation rate for
similar transportation shall be applied in lieu of any rate
calculated under this paragraph.
``(4) Limitations.--(A) Any rate established for sale or
transportation under this section shall be modified over time
with changes in the electric utility's underlying costs or
rates, and shall reflect the same time-sensitivity and
billing periods as are established in the retail sales or
transportation rates offered by the utility.
``(B) No utility shall be required to purchase or transport
an amount 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) The consideration referred to in
subsection (b)
[[Page H9887]]
shall be made after public notice and hearing. The
determination referred to in subsection (b) shall be--
``(A) in writing,
``(B) based upon findings included in such determination
and upon the evidence presented at the hearing, and
``(C) available to the public.
``(2) The Secretary may intervene as a matter of right in a
proceeding conducted under this section and may calculate the
energy and emissions likely to be saved by electing to adopt
one or more of the options, as well as the costs and benefits
to ratepayers and the utility and to advocate for the waste-
energy recovery opportunity.
``(3) Except as otherwise provided in paragraph (1), and
paragraph (2), the procedures for the consideration and
determination referred to in subsection (a) shall be those
established by the State regulatory authority or the
nonregulated electric utility. In the instance that there is
more than one project seeking such consideration
simultaneously in connection with the same utility, such
proceeding may encompass all such projects, provided that
full attention is paid to their individual circumstances and
merits, and an individual judgment is reached with respect to
each project.
``(f) Implementation.--(1) The State regulatory authority
(with respect to each electric utility for which it 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) If a State regulatory authority (with respect to each
electric utility for which it has ratemaking authority) or
nonregulated electric utility declines to implement any
standard established by this section, such authority or
nonregulated electric utility shall state in writing the
reasons therefor. Such statement of reasons shall be
available to the public, and the Secretary shall include the
project in an annual report to Congress concerning lost
opportunities for waste-heat recovery, specifically
identifying the utility and stating the amount of lost energy
and emissions savings calculated. If a State regulatory
authority (with respect to each electric utility for which it
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 such project at any time after
24 months after the date on which the State regulatory
authority or nonregulated utility has declined to implement
such standard.
``SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
``(a) Purpose.--The purpose of this section is to rename
and provide for the continued operation of the United States
Department of Energy's Regional Combined Heat and Power (CHP)
Application Centers.
``(b) Findings.--The Congress finds the Department of
Energy's Regional Combined Heat and Power (CHP) Application
Centers program has produced significant energy savings and
climate change benefits and will continue to do so through
the deployment of clean energy technologies such as Combined
Heat and Power (CHP), recycled waste energy and biomass
energy systems, in the industrial and commercial energy
markets.
``(c) Renaming.--The Combined Heat and Power Application
Centers at the Department of Energy are hereby be
redesignated as Clean Energy Application Centers. Any
reference in any law, rule or regulation or publication to
the Combined Heat and Power Application Centers shall be
treated as a reference to the Clean Energy Application
Centers.
``(d) Relocation.--In order to better coordinate efforts
with the separate Industrial Assessment Centers and to assure
that the energy efficiency and, when applicable, the
renewable nature of deploying mature clean energy technology
is fully accounted for, the Secretary of Energy shall
relocate the administration of the Clean Energy Application
Centers to the Office of Energy Efficiency and Renewable
Energy within the Department of Energy. The Office of
Electricity Delivery and Energy Reliability shall continue to
perform work on the role of such technology in support of the
grid and its reliability and security, and shall assist the
Clean Energy Application Centers in their work with regard to
the grid and with electric utilities.
``(e) Grants.--
``(1) In general.--The Secretary of Energy shall make
grants to universities, research centers, and other
appropriate institutions to assure 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 this
section):
``(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 section, the Secretary shall ensure that
sufficient goals are established and met by each Center
throughout the program duration concerning outreach and
technology deployment.
``(f) Activities.--Each Clean Energy Application Center
shall operate a program to encourage deployment of clean
energy technologies through education and outreach to
building and industrial professionals, and to other
individuals and organizations with an interest in efficient
energy use. In addition, the Centers shall provide project
specific support to building and industrial professionals
through assessments and advisory activities. Funds made
available under this section may be used for the following
activities:
``(1) Developing and distributing informational materials
on clean energy technologies, including continuation of the
eight existing Web sites.
``(2) Developing and conducting 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.
``(3) Providing or coordinating onsite assessments for
sites and enterprises that may consider deployment of clean
energy technology.
``(4) Performing market research to identify high profile
candidates for clean energy deployment.
``(5) Providing consulting support to sites considering
deployment of clean energy technologies.
``(6) Assisting organizations developing clean energy
technologies to overcome barriers to deployment.
``(7) Assisting companies and organizations with
performance evaluations of any clean energy technology
implemented.
``(g) Duration.--A grant awarded under this section shall
be for a period of 5 years. each grant shall be evaluated
annually for its continuation based on its activities and
results.
``(h) Authorization.--There is authorized to be
appropriated for purposes of this section the sum of
$10,000,000 for each of fiscal years 2008, 2009, 2010, 2011,
and 2012.''.
(b) Table of Contents.--The table of contents for such Act
is amended by inserting the following after the items
relating to part D of title III:
``Sec. 371. Survey of waste industrial energy recovery and potential
use.
``Sec. 372. Definitions.
``Sec. 373. Survey and registry.
``Sec. 374. Additional incentives for recovery, utilization and
prevention of industrial waste energy.
``Sec. 375. Clean Energy Application Centers.''.
PART 6--ENERGY EFFICIENCY OF PUBLIC INSTITUTIONS
SEC. 1071. DEFINITIONS.
For purposes of this part--
(1) the term ``CHP'' means combined heat and power, or the
generation of electric energy and heat in a single,
integrated system;
(2) the term ``institutional entities'' means local
governments, public school districts, municipal utilities,
State governments, Federal agencies, and other entities
established by local, State, or Federal agencies to meet
public purposes, and public or private colleges,
universities, airports, and hospitals;
(3) the term ``renewable thermal energy sources'' means
non-fossil-fuel energy sources, including biomass,
geothermal, solar, natural sources of cooling such as cold
lake or ocean water, and other sources that can provide
heating or cooling energy;
(4) the term ``sustainable energy infrastructure'' means
facilities for production of energy from CHP or renewable
thermal energy sources and distribution of thermal energy to
users; and
(5) the term ``thermal energy'' means heating or cooling
energy in the form of hot water or steam (heating energy) or
chilled water (cooling energy).
SEC. 1072. TECHNICAL ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Energy shall, with
funds appropriated for this purpose, implement a program of
information dissemination and technical assistance to
institutional entities to assist them in identifying,
evaluating, designing, and implementing sustainable energy
infrastructure.
(b) Information Dissemination.--The Secretary shall develop
and disseminate information and assessment tools addressing--
(1) identification of opportunities for sustainable energy
infrastructure;
(2) technical and economic characteristics of sustainable
energy infrastructure;
(3) utility interconnection, and negotiation of power and
fuel contracts;
(4) financing alternatives;
(5) permitting and siting issues;
(6) case studies of successful sustainable energy
infrastructure systems; and
(7) computer software for assessment, design, and operation
and maintenance of sustainable energy infrastructure systems.
(c) Eligible Costs.--Upon application by an institutional
entity, the Secretary may make grants to such applicant to
fund--
(1) 75 percent of the cost of feasibility studies to assess
the potential for implementation or improvement of
sustainable energy infrastructure;
(2) 60 percent of the cost of guidance on overcoming
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
(3) 45 percent of the cost of detailed engineering and
design of sustainable energy infrastructure.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $15,000,000 for
fiscal year 2008, $15,000,000 for fiscal year 2009, and
$15,000,000 for fiscal year 2010.
[[Page H9888]]
SEC. 1073. REVOLVING FUND.
(a) Establishment.--The Secretary of Energy shall, with
funds appropriated for this purpose, create a Sustainable
Institutions Revolving Fund for the purpose of establishing
and operating a Sustainable Institutions Revolving Fund (in
this section referred to as the ``SIRF'') for the purpose of
providing loans for the construction or improvement of
sustainable energy infrastructure to serve institutional
entities.
(b) Eligible Costs.--A loan provided from the SIRF shall be
for no more than 70 percent of the total capital costs of a
project, and shall not exceed $15,000,000. Such loans shall
be for constructing sustainable energy infrastructure,
including--
(1) plant facilities used for producing thermal energy,
electricity, or both;
(2) facilities for storing thermal energy;
(3) facilities for distribution of thermal energy; and
(4) costs for converting buildings to use thermal energy
from sustainable energy sources.
(c) Qualifications.--Loans from the SIRF may be made to
institutional entities for projects meeting the
qualifications and conditions established by the Secretary,
including the following minimum qualifications:
(1) The project shall be technically and economically
feasible as determined by a detailed feasibility analysis
performed or corroborated by an independent consultant.
(2) The borrower shall demonstrate that adequate and
comparable financing was not found to be reasonably available
from other sources, and that the project is economically more
feasible with the availability of the SIRF loan.
(3) The borrower shall obtain commitments for the remaining
capital required to implement the project, contingent on
approval of the SIRF loan.
(4) The borrower shall provide to the Secretary reasonable
assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed in whole or in part with a loan
provided under this section will be paid wages at rates not
less than those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the Davis-Bacon Act).
(d) Financing Terms.--(1) Interest on a loan under this
section may be a fixed rate or floating rate, and shall be
equal to the Federal cost of funds consistent with the loan
type and term, minus 1.5 percent.
(2) Interest shall accrue from the date of the loan, but
the first payment of interest shall be deferred, if desired
by the borrower, for a period ending not later than 3 years
after the initial date of operation of the system.
(3) Interest attributable to the period of deferred payment
shall be amortized over the remainder of the loan term.
(4) Principal shall be repaid on a schedule established at
the time the loan is made. Such payments shall begin not
later than 3 years after the initial date of operation of the
system.
(5) Loans made from the SIRF shall be repayable over a
period ending not more than 20 years after the date the loan
is made.
(6) Loans shall be prepayable at any time without penalty.
(7) SIRF loans shall be subordinate to other loans for the
project.
(e) Funding Cycles.--Applications for loans from the SIRF
shall be received on a periodic basis at least semiannually.
(f) Application of Repayments for Deficit Reduction.--Loans
from the SIRF shall be made, with funds available for this
purpose, during the 10 years starting from the date that the
first loan from the fund is made. Until this 10-year period
ends, funds repaid by borrowers shall be deposited in the
SIRF to be made available for additional loans. Once loans
from the SIRF are no longer being made, repayments shall go
directly into the United States Treasury.
(g) Priorities.--In evaluating projects for funding,
priority shall be given to projects which--
(1) maximize energy efficiency;
(2) minimize environmental impacts, including from
regulated air pollutants, greenhouse gas emissions, and the
use of refrigerants known to cause ozone depletion;
(3) use renewable energy resources;
(4) maximize oil displacement; and
(5) benefit economically-depressed areas.
(h) Regulations.--Not later than one year after the date of
enactment of this Act, the Secretary of Energy shall develop
a plan and adopt rules and procedures for establishing and
operating the SIRF.
(i) Program Review.--Every two years the Secretary shall
report to the Congress on the status and progress of the
SIRF.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $250,000,000 for
fiscal year 2008 and $500,000,000 for each of the fiscal
years 2009 through 2012.
SEC. 1074. 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
the fiscal years 2007, 2008, 2009, 2010, 2011, and 2012''.
Subtitle B--Smart Grid and Demand Response
SEC. 1101. STATEMENT OF POLICY ON MODERNIZATION OF
ELECTRICITY GRID.
(a) Smart Grid Characteristics.--It is the policy of the
United States to support the modernization of the Nation's
electricity transmission and distribution system to
incorporate digital information and controls technology and
to share real-time pricing information with electricity
customers to achieve each of the following, which together
characterize a smart grid:
(1) Increased 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.
(4) Development and incorporation of demand response
demand-side resources, and energy efficiency resources.
(5) Deployment of ``smart'' technologies for metering,
communications concerning grid operations and status, and
distribution automation.
(6) Integration of ``smart'' appliances and consumer
devices.
(7) Deployment and integration of renewable energy
resources, both to the grid and on the customer side of the
electric meter.
(8) Deployment and integration of advanced electricity
storage and peak-sharing technologies, including plug-in
electric and hybrid electric vehicles, and thermal-storage
air conditioning.
(9) Provision to consumers of new information and control
options.
(10) Continual environmental improvement in electricity
production and distribution.
(11) Enhanced capacity and efficiency of electricity
networks, reduction of line losses, and maintenance of power
quality.
(b) Support.--The Secretary of Energy and the Federal
Energy Regulatory Commission and other Federal agencies as
appropriate shall undertake programs to support the
development and demonstration of Smart Grid technologies and
standards to maximize the achievement of these goals.
(c) Barriers.--It is further the policy of the United
States that no State, State agency, or local government or
instrumentality thereof should prohibit, or erect
unreasonable barriers to, the deployment of smart grid
technologies on an electric utility's distribution
facilities, or unreasonably limit the services that may be
provided using such technologies.
(d) Information.--It is further the policy of the United
States that electricity purchasers are entitled to receive
information about the varying value of electricity at
different times and places, and that States shall not
prohibit nor erect unreasonable barriers to the provision of
such information flows to end users.
SEC. 1102. GRID ASSESSMENT AND REPORT.
(a) In General.--The Secretary of Energy, in consultation
with the Federal Energy Regulatory Commission shall
undertake, and update on a biannual basis, an assessment of
the progress toward modernizing the electric system from
generation to ultimate electricity consumption, including
implementation of ``smart grid'' technologies. The Secretary
of Energy, in consultation with the Federal Energy Regulatory
Commission shall prepare this assessment with input from
stakeholders including but not limited to electric utilities,
other Federal offices, States, companies involved in
developing related technologies, the National Electric
Reliability Organization recognized by the Federal Energy
Regulatory Commission, electricity customers, and persons
with special related expertise. The assessment shall include
each of the following:
(1) An updated inventory of existing smart grid systems.
(2) A description of the condition of existing grid
infrastructure and procedures for determining the need for
new infrastructure;
(3) A description of any plans of States, utilities, or
others to introduce smart grid systems and technologies.
(4) An assessment of constraints to deployment of smart
grid technology and most important opportunities for doing
so, including the readiness or lack thereof of enabling
technologies.
(5) An assessment of remaining potential benefits resulting
from introduction of smart grid systems, including benefits
related to demand-side efficiencies, improved reliability,
improved security, reduced prices, and improved integration
of renewable resources.
(6) Recommendations for legislative or regulatory changes
to remove barriers to and create incentives for smart grid
system implementation and to meet the policy goals of this
part.
(7) An estimate of the potential costs required for
modernization of the electricity grid, with specificity
relative to geographic areas and components of the grid,
together with an assessment of whether the necessary funds
would be available to meet such costs, and the sources of
such funds.
(8) An assessment of ancillary benefits to other economic
sectors or activities beyond the electricity sector, such as
potential broadband service over power lines.
(9) An assessment of technologies, activities or
opportunities in energy end use devices, customer premises,
buildings, and power generation and storage devices that
could accelerate or expand the impact and effectiveness of
smart grid advances.
(10) An assessment of potential risks to personal privacy,
corporate confidentiality,
[[Page H9889]]
and grid security from the spread of smart grid technologies,
and if so what additional measures and policies are needed to
assure privacy and information protection for electric
customers and grid partners, and cyber-security protection
for extended grid systems.
(11) An assessment of the readiness of market forces to
drive further implementation and evolution of ``smart grid''
technologies in the absence of government leadership.
(12) Recommendations to the Congress and other Federal
officers on actions they should take to assist.
The Secretary of Energy, in consultation with the Federal
Energy Regulatory Commission may request electric utilities
to provide information relating to deployment and planned
deployment of smart grid systems and technologies. At the
request of the utility, the Secretary of Energy, in
consultation with the Federal Energy Regulatory Commission
shall maintain the confidentiality of utility-specific or
specific security-related information. The Secretary of
Energy, in consultation with the Federal Energy Regulatory
Commission shall provide opportunities for input and comment
by interested persons, including representatives of
electricity consumers, Smart Grid technology service
providers, the electric utility industry, and State and local
government.
(b) State and Regional Assessment and Report.--States or
groups of States are encouraged to participate in the
development of State or region-specific components of the
assessment and report under subsection (a). Such State-
specific components may address the assessment and reporting
criteria above but also may include but not be limited to any
of the following:
(1) Assessment of types of security threats to electricity
delivery.
(2) Energy assurance and response plans to address security
threats.
(3) Plans for introduction of smart grid systems and
technologies over 3, 5, and 10 year planning horizons.
The Secretary of Energy, in consultation with the Federal
Energy Regulatory Commission may make grants to States that
begin development of a State or Regional Plan within 180 days
after the enactment of this Act to offset up to one-half of
the costs required to develop such plans.
(c) Interoperability Protocols and Model Standards for
Information Management.--
(1) In general.--The Secretary of Energy, in consultation
with the Federal Energy Regulatory Commission shall work with
Smart Grid stakeholders to lead towards the earliest feasible
development of flexible, uniform, and consensus protocols or
model standards for information management among and
interoperability of smart grid devices and systems. Such
protocols and model standards shall allow such devices to
communicate and function over multiple technologies,
including wireless, cable, satellite, broadband-over-power
line, and telephone. Such protocols and model standards
should align policy, business, and technology approaches in a
way that enables all electric resources, including demand
side resources, to contribute to an efficient, reliable
electricity network, on an automated basis, as appropriate.
(2) Scope of protocols and model standards.--The protocols
and model standards shall accommodate centralized and
distributed generation, transmission and distribution
resources, including advanced technologies to improve the
efficiency and reliability of the electric power transmission
and distributions system, renewable generation, energy
storage, energy efficiency, and demand response and enabling
devices and systems.
(3) Establishment of working group.--Not later than 90 days
after the date of enactment of this Act the Secretary of
Energy, in consultation with the Federal Energy Regulatory
Commission shall establish a working group comprised of
electric industry experts to assist in developing the
protocols and model standards described in this subsection
and guide the Federal participation in that process. Members
appointed to the working group shall represent the various
sectors of the electricity industry, including sectors
relating to the generation, transmission, distribution and
end-user.
(4) Development of protocols and model standards.--In
developing the protocols and model standards, the working
group shall consult with expert groups such as the Gridwise
Architecture Council, the Institute of Electrical and
Electronics Engineers, other electric industry groups,
customer and manufacturer groups, and any appropriate Federal
and State agencies. The proposed protocols and model
standards shall be made available in the public domain,
except to the extent they may allow or create threats to grid
reliability and security.
(5) Proposal for protocols and model standards.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission recommendations concerning development
of proposed protocols and model standards and recommendations
for Federal support in the implementation of such protocols
and model standards.
(B) Review by the secretary of energy, in consultation with
the federal energy regulatory commission.--On receipt of the
recommendations under subparagraph (A), the Secretary of
Energy, in consultation with the Federal Energy Regulatory
Commission shall take such action as necessary to encourage
the adoption of the protocols and model standards and their
implementation.
(C) Publication of protocols and model standards.--The
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission shall publish, not later than 3 years
after the date of the enactment of this Act, and every two
years thereafter, a report on the status of interoperability
of smart grid technologies, and the availability of protocols
and model standards to allow such interoperability.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the purposes of this section
the sum of $25,000,000 for each of the fiscal years 2008
through 2012, and such sums as may be necessary thereafter
through fiscal year 2018.
SEC. 1103. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT
COSTS.
(a) Matching Fund.--The Secretary of Energy shall
establish a Smart Grid Investment Matching Grant Program to
provide reimbursement of one-fourth 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 and following), 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 that are capable of engaging in Smart
Grid functions, the documented expenditures incurred by the
electric utility 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.
(9) The documented expenditures related to purchasing and
implementing Smart Grid functions in such other cases as the
Secretary of Energy 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) Expenditures for electricity generation, transmission,
or distribution infrastructure or equipment not directly
related to enabling Smart Grid functions.
(2) After the effective date of a standard under paragraph
(21) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (relating to Smart Grid information), an
investment that is not in compliance with such standard.
(3) After the development and publication by the Secretary
of Energy, in consultation with the Federal Energy Regulatory
Commission 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.
(4) Expenditures for physical interconnection of generators
or other devices to the grid except those that are directly
related to enabling Smart Grid functions.
(5) Expenditures for ongoing salaries, benefits, or
personnel costs not incurred in the initial installation,
training, or start up of smart grid functions.
(6) Expenditures for travel, lodging, meals or other
personal costs.
[[Page H9890]]
(7) Ongoing or routine operation, billing, customer
relations, security, and maintenance expenditures.
(8) Such other expenditures that the Secretary of Energy
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
or 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 of Energy may
identify as being necessary or useful to the operation of a
Smart Grid.
(e) Office.--The Secretary of Energy shall--
(1) establish an Office to administer the Smart Grid
Investment Grant Program, assuring that expert resources from
the Office of Energy Distribution and Electricity
Reliability, and the Office of Energy Efficiency and
Renewable Energy are fully available to advise on its
administration and actions;
(2) appoint a Senior Executive Service officer to direct
the Office, together with such personnel as are required to
administer the Smart Grid Investment Grant program;
(3) establish and publish in the Federal Register, within
180 days after the enactment of this Act procedures by which
applicants who have made qualifying Smart Grid investments
can seek and obtain reimbursement of one-fourth of their
documented expenditures;
(4) establish procedures to assure 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.;
(5) maintain public records of reimbursements made,
recipients, and qualifying Smart Grid investments which have
received reimbursements;
(6) 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;
(7) establish procedures to provide, in the event
appropriated moneys in any year are insufficient to provide
reimbursements for qualifying Smart Grid investments, that
such reimbursement would be made in the next fiscal year or
whenever funds are again sufficient, with the condition that
the insufficiency of funds to reimburse Qualifying Smart Grid
Investments from moneys appropriated for that purpose does
not create a Federal obligation to that applicant; and
(8) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgement
of the Secretary.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy the sums of--
(1) $10,000,000 for each of fiscal years 2008 through 2012
to provide for administration of the Smart Grid Investment
Matching Fund; and
(2) $250,000,000 for fiscal year 2008 and $500,000,000 for
each of fiscal years 2009 through 2012 to provide
reimbursements of one-fourth of Qualifying Smart Grid
Investments.
SEC. 1104. SMART GRID INFORMATION REQUIREMENTS.
(a) Findings.--Congress finds that Smart Grid technologies
will require, for their optimum use by electricity consumers,
that such consumers have access to information on prices,
use, and other factors in possession of their utilities or
electricity suppliers, in order to assist the customers in
optimizing their electricity use and limiting the associated
environmental impacts.
(b) Development of Rules.--The Federal Energy Regulatory
Commission shall develop and declare a standard for the
collection, presentation and delivery of information to
electricity purchasers.
(c) Application of Smart Grid Information Standard to
Wholesale Markets.--Within 60 days of the declaration of the
standard under subsection (b), the Federal Energy Regulatory
Commission shall propose a rule under which all public
utilities, with respect to federally jurisdictional sales for
resale of electricity in interstate commerce, and all
approved regional transmission organizations subject to its
jurisdiction, will implement those elements of the Smart Grid
information standard developed pursuant to this section that
the Commission determines to be relevant and to add value for
purchasers of wholesale power or those utilizing interstate
transmission.
SEC. 1105. STATE CONSIDERATION OF INCENTIVES FOR SMART GRID.
(a) Consideration of Additional Standards.--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:
``(18) Utility investment in smart grid investments.--Each
electric utility shall prior to undertaking investments in
non-advanced grid technologies demonstrate that alternative
investments in advanced grid technologies have been
considered, including from a standpoint of cost-
effectiveness, where such cost-effectiveness considers costs
and benefits on a life-cycle basis.
``(19) Utility cost of smart grid investments.--Each
electric utility shall be permitted to--
``(A) recover from ratepayers the capital and operating
expenditures and other costs of the utility for qualified
smart grid system, including a reasonable rate of return on
the capital expenditures of the utility for a qualified smart
grid system, and
``(B) recover in a timely manner the remaining book-value
costs of equipment rendered obsolete by the deployment of a
qualified smart grid system, based on the remaining
depreciable life of the obsolete equipment.
``(20) 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; and
``(v) allowing timely recovery of energy efficiency-related
costs.
``(21) Smart grid information.--
``(A) Standard.--All electricity purchasers shall be
provided direct access, both in written and electronic
machine-readable form, to information from their electricity
provider as provided in subparagraph (B).
``(B) Information.--Information provided under this section
shall conform to the standardized rules issued by the Federal
Energy Regulatory Commission under section 1106(b) of the
American Made Energy and Good Jobs Act and 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 person
shall be provided 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 and criteria pollutants associated each type of
generation, for intervals during which such information is
available on a cost-effective basis, but not less than
monthly.
``(C) Access.--Purchasers shall be able to access their own
information at any time
[[Page H9891]]
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) Reconsideration of Certain Standards.--Section 112 of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended by adding the following at the end thereof:
``(g) Reconsideration of Prior Time-of-Day and
Communication Standards.--Not later than 1 year after the
enactment of this subsection, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated utility shall
commence a reconsideration under section 111, or set a
hearing date for reconsideration, with respect to the
standards established by paragraphs (3) and (14) of section
111(d) to take into account Smart Grid technologies. Not
later than 2 years after the date of the enactment of this
subsection, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority),
and each nonregulated electric utility, shall complete the
reconsideration, and shall make the determination, referred
to in section 111 with respect to the standards established
by paragraphs (3) and (14) of section 111(d).''.
(c) 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, but not less than 3 years after the conclusion of
any prior review of such standards, 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 (18) through (20) of
section 111(d). Not later than 6 months after the
promulgation of rules by the Federal Energy Regulatory
Commission under section 1106(b) of the American Made Energy
and Good Jobs Act, 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 standard
established by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of the this paragraph, but not less than 4 years
after the conclusion of any prior review of such standard,
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 (18) through (20) of section 111(d). Not later
than 18 months after the promulgation of rules by the Federal
Energy Regulatory Commission under section 1106(b) of the
American Made Energy and Good Jobs Act 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 paragraph (21) of section
111(d).''.
(2) Failure to comply.--Section 112(c) of such Act is
amended by adding the following at the end: `` In the case of
the standards established by paragraphs (18) through (21) 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 such Act is
amended by inserting ``and paragraphs (18) through (20)''
before ``of such 111(d)'' .
SEC. 1106. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID
SYSTEMS.
(a) DOE Study.--The Secretary of Energy shall, within 6
months after the he completes the first biennial assessment
and report under section 1102 of the American Made Energy and
Good Jobs 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 emergency
communications and control of the Nation's electricity system
during times of localized or nationwide emergency.
(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. 824 o) as added by section 1211 of the Energy Policy
Act of 2005 (P.L. 109-58; 119 Stat.941)
(c) Funding.--The Secretary shall fund demonstration
projects for the purpose of demonstrating the findings of the
report under this section. Not more than $10,000,000 are
authorized to be appropriated for such projects.
Subtitle C--Loan Guarantee Improvement
SEC. 1201. AMOUNT OF LOANS GUARANTEED.
Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C.
16512(c)) is amended to read as follows:
``(c) Amount.--
``(1) Percentage of project cost.--A guarantee by the
Secretary shall not exceed an amount equal to 80 percent of
the project cost of the facility that is the subject of the
guarantee, as estimated at the time at which the guarantee is
issued, and shall be no less than the minimum amount
determined by the Secretary to be likely to attract
nonguaranteed investment adequate to capitalize the project.
``(2) Percentage of loan.--Subject to paragraph (1), the
Secretary may guarantee up to 100 percent of any loan or
other debt obligation of the borrower to fund an eligible
project.''.
SEC. 1202. EXCLUSION OF CATEGORIES.
Section 1704 of the Energy Policy Act of 2005 (42 U.S.C.
16514) is amended by adding at the end the following new
subsection:
``(c) Exclusion of Categories.--No appropriation authorized
pursuant to this section may exclude any category of eligible
project described in section 1703.''.
Subtitle D--Fuels and Transportation
PART 1--FUELS AND TRANSPORTATION
SEC. 1301. ALTERNATIVE FUELS PROGRAM.
(a) In General.--Section 211 of the Clean Air Act (42
U.S.C. 4575) is amended by adding the following new
subsection at the end thereof:
``(t) Alternative Fuel Program.--
``(1) Definitions.--In this section_
``(A) Alternative fuel.--
``(i) In general.--The term `alternative fuel' means the
portion of any motor vehicle or nonroad fuel, as measured by
volume, that consists of--
``(I) renewable fuel;
``(II) methanol, denatured ethanol, butanol, and other
alcohols;
``(III) natural gas, including liquid fuels domestically
produced from natural gas;
``(IV) liquefied petroleum gas;
``(V) hydrogen;
``(VI) qualifying coal-derived liquid fuel;
``(VII) fuels (not including a fuel that consists of
alcohol) derived from biological materials (including
biodiesel);
``(VIII) electricity provided from the electric power
transmission and distribution system; and
``(IX) any other fuel that the Administrator determines, by
rule, is not derived from crude oil and would yield energy
security benefits or environmental benefits.
``(ii) Qualifying coal-derived liquid fuel.--The term
`qualifying coal-derived liquid fuel' means liquid fuel
produced by a project that--
``(I) converts coal to one or more liquid or gaseous
transportation fuels;
``(II) demonstrates the capture, and sequestration or
disposal or use of, the carbon dioxide produced in the
conversion process; and
``(III) on the basis of a carbon dioxide sequestration plan
prepared by the applicant, is certified by the Administrator,
in consultation with the Secretary of Energy, as producing
fuel with life cycle carbon dioxide emissions at or below the
average life cycle carbon dioxide emissions for the same type
of fuel produced at traditional petroleum based facilities
with similar annual capacities.
``(iii) Blending components.--The term `alternative fuel'
includes any portion of a blending component that is derived
from an alternative fuel.
``(B) Nonroad fuel.--The term `nonroad fuel' means fuel
that is used, intended for use, or made available for use as
a fuel in a nonroad engine or a nonroad vehicle.
``(C) Obligated party.--The term `obligated party' means
any refiner, blender, or importer of motor vehicle, or
nonroad, gasoline or diesel fuel, that is designated an
obligated party under regulations issued by the Administrator
for purposes of this subsection.
``(D) Other terms.--The terms used in this subsection have
the same meaning as when used in subsection (o).
``(2) Alternative fuel regulations.--
``(A) Standard.--Not later than 2 years after the date of
enactment of this subsection, and from time to time
thereafter, the Administrator shall promulgate regulations to
ensure that motor vehicle and nonroad fuel sold or introduced
into commerce in the United States, on an annual average
basis, contains the applicable volume of alternative fuel
determined in accordance with this subsection.
``(B) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under subparagraph
(A)--
``(i) shall contain compliance provisions applicable to
refiners, blenders, distributors, and importers, as
appropriate, to ensure that the requirements of this
paragraph are met; but
[[Page H9892]]
``(ii) shall not--
``(I) restrict geographic areas in which alternative fuel
may be used; or
``(II) impose any per-gallon obligation for the use of
alternative fuel.
``(3) Applicable volume.--For the purpose of the
regulations under this subsection, the applicable volume (in
billions of gallons) shall be determined under this
paragraph.
``(A) Calendar years 2013 through 2025.--The applicable
volume (in billions of gallons) for the calendar years 2013
through 2025 shall be as provided in the following table:
------------------------------------------------------------------------
calendar year applicable volume
------------------------------------------------------------------------
2013........................................... 14
2014........................................... 15
2015........................................... 16
2016........................................... 17
2017........................................... 18
2018........................................... 19
2019........................................... 20
2020........................................... 21
2021........................................... 23
2022........................................... 26
2023........................................... 29
2024........................................... 32
2025........................................... 35
------------------------------------------------------------------------
``(B) Calendar year 2026 and thereafter.--Except as
otherwise provided in this paragraph, the applicable volume
for calendar year 2026 and each calendar year thereafter
shall be determined by rule by the Administrator, in
coordination with the Secretary of Agriculture and the
Secretary of Energy, based on a review of the implementation
of the program under this subsection during calendar years
2020 through 2025, including a review of each of the
following:
``(i) The impact of the use of alternative fuels on the
energy security of the United States.
``(ii) The impact of the use of alternative fuels on public
health and the environment, including air and water quality.
``(iii) The expected annual rate of future production of
alternative fuels.
``(iv) The impact of alternative fuels on the
infrastructure of the United States, including the
deliverability of materials, goods, and products other than
alternative fuels, and the sufficiency of the infrastructure
to deliver alternative fuel.
``(v) The impact of the use of alternative fuels on job
creation, the price and supply of agricultural commodities,
and rural economic development.
``(C) Minimum applicable volume for calendar year 2026 and
thereafter.--For the purpose of subparagraph (B), the minimum
applicable volume for calendar year 2026 and each calendar
year thereafter shall be equal to the product obtained by
multiplying the number obtained under clause (i) by the ratio
obtained under clause (ii).
``(i) The number of gallons of motor vehicle and nonroad
fuel that the Administrator estimates will be sold or
introduced into commerce in the calendar year.
``(ii) The ratio that--
``(I) 35,000,000,000 gallons of alternative fuel bears to
``(II) the number of gallons of motor vehicle and nonroad
fuel sold or introduced into commerce in calendar year 2025.
``(4) Alternative fuel percentages.--
``(A) Provision of estimate of volumes of motor vehicle and
nonroad fuel sales.--Not later than October 31, 2012, and
annually thereafter, the Administrator of the Energy
Information Administration shall provide to the Administrator
of the Environmental Protection Agency an estimate, with
respect to the following calendar year, of the volumes of
motor vehicle and nonroad fuel projected to be sold or
introduced into commerce in the United States during the
following calendar year.
``(B) Determination of percentages.--Not later than
November 30 of each calendar year after 2012, based on the
estimate provided under subparagraph (A), the Administrator
shall determine and publish in the Federal Register, with
respect to the following calendar year, the percentage of the
projected volume of motor vehicle and nonroad fuel that must
be alternative fuel in order to ensure that the applicable
volume requirements of paragraph (3) are met.
``(C) Required elements.--The alternative fuel obligation
determined for a calendar year under subparagraph (B) shall--
``(i) be applicable to refiners, blenders, and importers of
motor vehicle and nonroad gasoline and diesel fuel, as
appropriate;
``(ii) be expressed in terms of a volume percentage of
motor vehicle and nonroad fuel sold or introduced into
commerce in the United States; and
``(iii) subject to clause (i), consist of a single
applicable percentage that applies to all categories of
persons specified in clause (i).
``(D) Adjustments.--In determining the alternative fuel
percentage for a calendar year, the Administrator shall make
adjustments to prevent the imposition of redundant
obligations on any obligated party.
``(5) Compliance values.--
``(A) Table.--The Administrator shall assign a compliance
value for each alternative fuel in accordance with the
following table to be used as a multiplier to determine the
extent to which each gallon or other specified unit of the
alternative fuel will satisfy the alternative fuel volume
obligation under this subsection:
------------------------------------------------------------------------
Compliance Compliance Compliance
Values, Values, Values,
``Fuel type Years 2013- Years 2016- Years After
2015 2020 2020
------------------------------------------------------------------------
Ethanol (non-Cellulosic)......... 1.0 1.0 1.0
------------------------------------------------------------------------
Ethanol (Cellulosic)............. 2.5 1.0 1.0
------------------------------------------------------------------------
Biodiesel........................ 1.4 1.4 1.4
------------------------------------------------------------------------
Gas-to-Liquid Diesel Fuel........ 1.5 1.5 1.5
------------------------------------------------------------------------
Coal-to-Liquid Diesel Fuel....... 1.5 1.5 1.5
------------------------------------------------------------------------
Compressed Natural Gas (78 1.0 1.0 1.0
standard cubic feet)............
------------------------------------------------------------------------
Liquefied Natural Gas............ 1.0 1.0 1.0
------------------------------------------------------------------------
Liquefied Petroleum Gas.......... 1.1 1.1 1.1
------------------------------------------------------------------------
Electricity (6.4 kilowatt-hours). 2.5 2.5 1.0
------------------------------------------------------------------------
Gaseous Hydrogen (132 standard 2.5 2.5 1.0
cubic feet).....................
------------------------------------------------------------------------
Liquid Hydrogen.................. 2.3 2.3 0.8
------------------------------------------------------------------------
Methanol......................... 0.8 0.8 0.8
------------------------------------------------------------------------
Butanol.......................... 1.3 1.3 1.3
------------------------------------------------------------------------
Bio-Butanol...................... 1.3 1.3 1.3
------------------------------------------------------------------------
All values are expressed in terms of gallons unless otherwise
specified.
``(B) Authority of the administrator.--
``(i) In general.--In accordance with the requirements
described in clause (ii), the Administrator may by rule--
``(I) add fuel types to the table contained in subparagraph
(A);
``(II) revise any fuel type or compliance value referred to
in the table contained in subparagraph (A); and
``(III) assign each new or revised category or subcategory
of an alternative fuel type an appropriate compliance value.
``(ii) Calculation of compliance values.--When the
Administrator assigns or revises the compliance value for an
alternative fuel type, the Administrator shall establish that
compliance value equal to the ratio of the energy content of
the alternative fuel to the energy content of ethanol. No
compliance value for the years 2013 through 2020 may be
revised by the Administrator under this subparagraph for
electricity, gaseous hydrogen, or liquid hydrogen or for the
years 2013 through 2015 for cellulosic ethanol.
``(6) Compliance with standard; use of identification
numbers.--
``(A) Generation and assignment.--Regulations promulgated
under this subsection shall provide that the producer or
importer of any alternative fuel shall generate and assign to
each batch or other quantifiable unit (as determined by the
Administrator) a
[[Page H9893]]
unique identification number (except as provided in
subparagraph (B)).
``(B) Electricity.--The regulations of the Administrator
under this subsection shall establish a process for
generating and assigning identification numbers for the
amount of electricity from the electric power transmission
and distribution system expected to be used as a motor
vehicle or nonroad fuel. For vehicles manufactured prior to
2020 or such later time as the Administrator finds that the
producers of the electricity used as a motor vehicle or
nonroad vehicle fuel can be determined, the regulations shall
provide that the identification numbers for electricity shall
be assigned to the manufacturer or importer of motor vehicles
or nonroad vehicles fueled by electricity from the electric
power transmission and distribution system.
``(C) Basis.--The identification numbers referred to in
this paragraph shall be based on the volume of the
alternative fuel and the compliance values established under
paragraph (5).
``(D) Compliance with the standard.--Obligated parties
shall demonstrate compliance with the standard under this
subsection by surrendering identification numbers in an
appropriate quantity to the Administrator.
``(E) Duration.--An identification number generated under
this subsection shall be valid to show compliance for the 12
months as of the date of generation. The Administrator shall
interpret this subparagraph the same way as section
211(o)(5)(C) of this Act is interpreted.
``(F) Trading.--Identification numbers may be held by any
individual or entity and transferred by any individual or
entity to any other individual or entity.
``(G) Inability to generate or purchase.--The regulations
promulgated under this paragraph shall include provisions
allowing any obligated party that is unable to generate or
purchase sufficient identification numbers to meet the
standard under paragraph (2) to carry forward an alternative
fuel deficit on condition that the obligated party in the
calendar year following the year in which the deficit is
created--
``(i) achieves compliance with the standard under paragraph
(2); and
``(ii) generates or purchases additional alternative fuel
identification numbers to offset the alternative fuel deficit
of the previous year.
``(H) Property.--An identification number generated under
this subsection does not constitute a property right. Nothing
in this subsection or in any other provision of law shall be
construed to limit the authority of the United States to
terminate or limit such an identification number.
``(I) Identification numbers from rfs program.--To
demonstrate compliance for the year 2013, the Administrator
shall permit the use of identification numbers generated and
assigned under the regulations under subsection (o) to the
same extent that subsection (o) would have allowed their use
in 2013. Deficits under subsection (o) for the year 2012 may
be carried forward to the year 2013 if the requirements of
subsection (o)(5)(D) of this section and subparagraph (G) of
this paragraph are met.
``(7) Waivers.--
``(A) In general.--Based on a petition by a State, an
obligated party, or on the Administrator's own motion, the
Administrator, in consultation with the Secretary of
Agriculture and the Secretary of Energy, may waive the
requirements of paragraph (2) in whole or in part by reducing
the national quantity of alternative fuel required under
paragraph (3) if the Administrator, after public notice and
opportunity for comment, determines that--
``(i) implementation of the requirements would severely
harm the economy or environment of a State, a region, or the
United States; or
``(ii) there is an inadequate domestic supply.
``(B) Petitions.--The Administrator shall approve or
disapprove a petition for a waiver within 90 days after the
date on which the petition is received by the Administrator.
``(C) Termination of waivers.--A waiver granted under
subparagraph (A) shall terminate after 1 year, but may be
renewed by the Administrator after consultation with the
Secretary of Agriculture and the Secretary of Energy.''.
(b) Penalties and Enforcement.--Section 211(d) of the Clean
Air Act (42 U.S.C.7545(d)) is amended as follows:
(1) In paragraph (1)_
(A) in the first sentence, by striking ``or (o)'' each
place it appears and inserting ``(o), or (u)''; and
(B) in the second sentence, by striking ``or (o)'' and
inserting ``(o), or (u)''; and
(2) in the first sentence of paragraph (2), by striking
``and (o)'' each place it appears and inserting ``(o), and
(u)''.
(c) Renewable Fuel Program.--
(1) Termination.--Subparagraph (B) of section 211(o)(2) of
the Clean Air Act (42 U.S.C. 4575(o)(2)(B)) is amended by
striking all after clause (i).
(2) 2009 through 2012 requirements.--The items relating to
the years 2009 through 2012 in the table in clause (i) of
such subparagraph (B) are amended as follows:
(A) Strike ``6.1'' and insert ``10'' .
(B) Strike ``6.8'' and insert ``11'' .
(C) Strike ``7.4'' and insert ``12''.
(D) Strike ``7.5'' and insert ``13''.
SEC. 1302. REFINERY PERMIT STREAMLINING.
(a) Definitions.--For purposes of this section--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who is seeking a
Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal law,
whether administered by a Federal or State administrative
agency or official, with respect to siting, construction,
expansion, or operation of a refinery; and
(B) includes any permits, licenses, special use
authorizations, certifications, opinions, or other approvals
required under Federal law with respect to siting,
construction, expansion, or operation of a refinery;
(5) the term ``Indian lands'' means lands held in trust for
the benefit of an Indian tribe or individual or held by an
Indian tribe or individual subject to a restriction by the
United States against alienation;
(6) 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);
(7) the term ``refinery'' means--
(A) a facility designed and operated to receive, load,
unload, store, transport, process, and refine crude oil or
oil originally derived from crude oil by any chemical or
physical process, including distillation, fluid catalytic
cracking, hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof, in
order to produce gasoline, distillate, or lubricating base
oil;
(B) a facility designed and operated to receive, load,
unload, store, transport, process, and refine coal by any
chemical or physical process, including liquefaction, in
order to produce gasoline or diesel as its primary output; or
(C) a facility designed and operated to receive, load,
unload, store, transport, process (including biochemical,
photochemical, and biotechnology processes), and refine
biomass in order to produce biofuel;
(8) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States; and
(9) the term ``tribal organization'' has the meaning given
the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(b) State and Tribal Organization Assistance.--
(1) Financial assistance.--At the request of a governor of
a State, or at the request of a tribal organization, the
Administrator is authorized to provide financial assistance
to that State or Indian tribe to facilitate the hiring of
additional personnel to assist the State or Indian tribe with
expertise in fields relevant to consideration of Federal
refinery authorizations.
(2) Other assistance.--At the request of a governor of a
State, or at the request of a tribal organization, a Federal
agency responsible for a Federal refinery authorization shall
provide technical, legal, or other nonfinancial assistance to
that State or Indian tribe to facilitate its consideration of
Federal refinery authorizations.
(c) Refinery Process Coordination and Procedures.--
(1) Appointment of federal coordinator.--
(A) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this section.
(B) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(2) Federal refinery authorizations.--
(A) Meeting participants.--Not later than 30 days after
receiving a notification from an applicant that the applicant
is seeking a Federal refinery authorization pursuant to
Federal law, the Federal coordinator appointed under
paragraph (1) shall convene a meeting of representatives from
all Federal and State agencies responsible for a Federal
refinery authorization with respect to the refinery. The
governor of a State shall identify each agency of that State
that is responsible for a Federal refinery authorization with
respect to that refinery.
(B) Memorandum of agreement.--(i) Not later than 90 days
after receipt of a notification described in subparagraph
(A), the Federal coordinator and the other participants at a
meeting convened under subparagraph (A) shall establish a
memorandum of agreement setting forth the most expeditious
coordinated schedule possible for completion of all Federal
refinery authorizations with respect to the refinery,
consistent with the full substantive and procedural review
required by Federal law. If a Federal or State agency
responsible for a Federal refinery authorization with respect
to the refinery is not represented at such meeting, the
Federal coordinator shall ensure that the schedule
accommodates those Federal refinery authorizations,
consistent with Federal law. In the event of conflict among
Federal refinery authorization scheduling requirements, the
requirements of the Environmental Protection Agency shall be
given priority.
(ii) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
[[Page H9894]]
(iii) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate
the maintenance of the schedule established therein.
(3) Consolidated record.--The Federal coordinator shall,
with the cooperation of Federal and State administrative
agencies and officials, maintain a complete consolidated
record of all decisions made or actions taken by the Federal
coordinator or by a Federal administrative agency or officer
(or State administrative agency or officer acting under
delegated Federal authority) with respect to any Federal
refinery authorization. Such record shall be the record for
judicial review under paragraph (4) of decisions made or
actions taken by Federal and State administrative agencies
and officials, except that, if the Court determines that the
record does not contain sufficient information, the Court may
remand the proceeding to the Federal coordinator for further
development of the consolidated record.
(4) Remedies.--
(A) In general.--The United States District Court for the
district in which the proposed refinery is located shall have
exclusive jurisdiction over any civil action for the review
of the failure of an agency or official to act on a Federal
refinery authorization in accordance with the schedule
established pursuant to the memorandum of agreement.
(B) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
subparagraph (A) has occurred and that such failure to act
would jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this paragraph.
(C) Court action.--If an action is brought under
subparagraph (B), the Court shall review whether the parties
to the memorandum of agreement have been acting in good
faith, whether the applicant has been cooperating fully with
the agencies that are responsible for issuing a Federal
refinery authorization, and any other relevant materials in
the consolidated record. Taking into consideration those
factors, if the Court finds that a failure to act described
in subparagraph (A) has occurred, and that such failure to
act would jeopardize timely completion of the entire schedule
as established in the memorandum of agreement, the Court
shall establish a new schedule that is the most expeditious
coordinated schedule possible for completion of proceedings,
consistent with the full substantive and procedural review
required by Federal law. The court may issue orders to
enforce any schedule it establishes under this subparagraph.
(D) Federal coordinator's action.--When any civil action is
brought under this paragraph, the Federal coordinator shall
immediately file with the Court the consolidated record
compiled by the Federal coordinator pursuant to paragraph
(3).
(E) Expedited review.--The Court shall set any civil action
brought under this paragraph for expedited consideration.
(5) Applicability.--This subsection shall only apply to a
refinery sited or proposed to be sited or expanded or
proposed to be expanded--
(A) in a State whose governor has submitted a request to
the President for the application of the process coordination
and rules of procedure under this subsection to the siting,
construction, expansion, or operation of any refinery in that
State;
(B) on a closed military installation, or portion thereof,
made available for the siting of a refinery in the manner
provided by the base closure law applicable to the
installation; or
(C) on Indian lands if the relevant tribal organization has
submitted a request to the President for the application of
the process coordination and rules of procedure under this
subsection to the siting, construction, expansion, or
operation of any refinery on that Indian land.
(d) Savings Clause.--Nothing in this section shall be
construed to affect the application of any environmental or
other law, or to prevent any party from bringing a cause of
action under any environmental or other law, including
citizen suits.
(e) Refinery Revitalization Repeal.--Subtitle H of title
III of the Energy Policy Act of 2005 and the items relating
thereto in the table of contents of such Act are repealed.
SEC. 1303. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQUIDS
PROJECTS.
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended by adding at the end the following new
subsection:
``(k) Standby Loans for Qualifying CTL Projects.--
``(1) Definitions.--For purposes of this subsection:
``(A) Cap price.--The term `cap price' means a market price
specified in the standby loan agreement above which the
project is required to make payments to the United States.
``(B) Full term.--The term `full term' means the full term
of a standby loan agreement, as specified in the agreement,
which shall not exceed the lesser of 30 years or 90 percent
of the projected useful life of the project (as determined by
the Secretary).
``(C) Market price.--The term `market price' means the
average quarterly price of a petroleum price index specified
in the standby loan agreement.
``(D) Minimum price.--The term `minimum price' means a
market price specified in the standby loan agreement below
which the United States is obligated to make disbursements to
the project.
``(E) Output.--The term `output' means some or all of the
liquid or gaseous transportation fuels produced from the
project, as specified in the loan agreement.
``(F) Primary term.--The term `primary term' means the
initial term of a standby loan agreement, as specified in the
agreement, which shall not exceed the lesser of 20 years or
75 percent of the projected useful life of the project (as
determined by the Secretary).
``(G) Qualifying ctl project.--The term `qualifying CTL
project' means--
``(i) a commercial-scale project that converts coal to one
or more liquid or gaseous transportation fuels blended with
renewable fuel; or
``(ii) not more than one project at a facility that
converts petroleum refinery waste products, including
petroleum coke, into one or more liquids or gaseous
transportation fuels blended with renewable fuel,
that demonstrates the capture, and sequestration or disposal
or use of, the carbon dioxide produced in the conversion
process, and that, on the basis of a carbon dioxide
sequestration plan prepared by the applicant, is certified by
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary, as producing fuel with life
cycle carbon dioxide emissions at or below the average life
cycle carbon dioxide emissions for the same type of fuel
produced at traditional petroleum based facilities with
similar annual capacities.
``(H) Standby loan agreement.--The term `standby loan
agreement' means a loan agreement entered into under
paragraph (2).
``(2) Standby loans.--
``(A) Loan authority.--The Secretary may enter into standby
loan agreements with not more than six qualifying CTL
projects, at least one of which shall be a project jointly or
in part owned by two or more small coal producers. Such an
agreement--
``(i) shall provide that the Secretary, to the extent
provided in advance in appropriations Acts, will make a
direct loan (within the meaning of section 502(1) of the
Federal Credit Reform Act of 1990) to the qualifying CTL
project; and
``(ii) shall set a cap price and a minimum price for the
primary term of the agreement.
``(B) Loan disbursements.--Such a loan shall be disbursed
during the primary term of such agreement whenever the market
price falls below the minimum price. The amount of such
disbursements in any calendar quarter shall be equal to the
excess of the minimum price over the market price, times the
output of the project (but not more than a total level of
disbursements specified in the agreement).
``(C) Loan repayments.--The Secretary shall establish terms
and conditions, including interest rates and amortization
schedules, for the repayment of such loan within the full
term of the agreement, subject to the following limitations:
``(i) If in any calendar quarter during the primary term of
the agreement the market price is less than the cap price,
the project may elect to defer some or all of its repayment
obligations due in that quarter. Any unpaid obligations will
continue to accrue interest.
``(ii) If in any calendar quarter during the primary term
of the agreement the market price is greater than the cap
price, the project shall meet its scheduled repayment
obligation plus deferred repayment obligations, but shall not
be required to pay in that quarter an amount that is more
than the excess of the market price over the cap price, times
the output of the project.
``(iii) At the end of the primary term of the agreement,
the cumulative amount of any deferred repayment obligations,
together with accrued interest, shall be amortized (with
interest) over the remainder of the full term of the
agreement.
``(3) Profit-sharing.--The Secretary is authorized to enter
into a profit-sharing agreement with the project at the time
the standby loan agreement is executed. Under such an
agreement, if the market price exceeds the cap price in a
calendar quarter, a profit-sharing payment shall be made for
that quarter, in an amount equal to--
``(A) the excess of the market price over the cap price,
times the output of the project; less
``(B) any loan repayments made for the calendar quarter.
``(4) Compliance with federal credit reform act.--
``(A) Upfront payment of cost of loan.--No standby loan
agreement may be entered into under this subsection unless
the project makes a payment to the United States that the
Office of Management and Budget determines is equal to the
cost of such loan (determined under 502(5)(B) of the Federal
Credit Reform Act of 1990). Such payment shall be made at the
time the standby loan agreement is executed.
``(B) Minimization of risk to the government.--In making
the determination of the cost of the loan for purposes of
setting the payment for a standby loan under subparagraph
(A), the Secretary and the Office of Management and Budget
shall take into consideration the extent to which the minimum
price and the cap price reflect historical patterns of
volatility in actual oil prices relative to projections of
future oil prices, based upon publicly available data from
the
[[Page H9895]]
Energy Information Administration, and employing statistical
methods and analyses that are appropriate for the analysis of
volatility in energy prices.
``(C) Treatment of payments.--The value to the United
States of a payment under subparagraph (A) and any profit-
sharing payments under paragraph (3) shall be taken into
account for purposes of section 502(5)(B)(iii) of the Federal
Credit Reform Act of 1990 in determining the cost to the
Federal Government of a standby loan made under this
subsection.
``(5) Other provisions.--
``(A) No double benefit.--A project receiving a loan under
this subsection may not, during the primary term of the loan
agreement, receive a Federal loan guarantee under subsection
(a) of this section, or under other laws.
``(B) Subrogation, etc.--Subsections (g)(2) (relating to
subrogation), (h) (relating to fees), and (j) (relating to
full faith and credit) shall apply to standby loans under
this subsection to the same extent they apply to loan
guarantees.''.
SEC. 1304. RENEWABLE FUEL INFRASTRUCTURE DEVELOPMENT.
(a) Definition.--For purposes of this subtitle--
(1) the term ``renewable fuel'' means E85 biofuel, or B20;
(2) the term ``biofuel'' means fuel produced entirely from
biological material and determined by the Department of
Energy and the Environmental Protection Agency to be
commercially viable;
(3) the term ``B20'' means 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 for fuel containing 20 percent biodiesel;
(4) the term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume;
(5) the term ``flexible-fuel vehicle'' means any motor
vehicle warranted by the manufacturer of the vehicle as
capable of operating on gasoline or diesel fuel and on--
(A) E85; or
(B) B20; and
(6) the term ``motor vehicle'' means, as defined in
regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the
date of enactment of this Act--
(A) a light-duty truck;
(B) a light-duty vehicle; or
(C) medium-duty passenger vehicle,
that is designed to be propelled by gasoline or diesel fuel.
(b) Infrastructure Development Grants.--The Secretary of
Energy 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. Such infrastructure may include equipment
used in the blending, distribution, and transport of such
fuels.
(c) Retail Technical and Marketing Assistance.--The
Secretary of Energy shall enter into contracts with entities
with demonstrated experience in assisting retail fueling
stations in installing refueling systems and marketing
renewable fuels 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) Allocation.--The Secretary of Energy may reserve funds
appropriated for carrying out this section to support
renewable fuels infrastructure development projects with a
cost of greater than $1,000,000, that are of national
significance. The Secretary shall reserve funds appropriated
for the renewable fuels infrastructure development grant
program for technical and marketing assistance described in
subsection (c).
(e) 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
section that will maximize the availability and use of
renewable fuel, and that will ensure that renewable fuel is
available across the country. Such criteria shall provide
for--
(1) consideration of the public demand for each renewable
fuel in a particular geographic area based on State
registration records showing the number of flexible-fuel
vehicles;
(2) consideration of the opportunity to create or expand
corridors of renewable fuel stations along interstate or
State highways;
(3) consideration of the experience of each applicant with
previous, similar projects;
(4) consideration of population, number of flexible-fuel
vehicles, number of retail fuel outlets, and saturation of
flexible-fuel vehicles; and
(5) priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
renewable fuels; and
(C) 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 section is
completed.
(f) Combined Applications.--States and local government
entities and nonprofit entities may apply for assistance
under this section on behalf of a group of retailers within a
certain geographic area, or to carry out regional or
multistate deployment projects. Any such application shall
certify the availability and details of a program to match
the Federal grant as required under subsection (g) and list
the retail locations that would receive the funds.
(g) Limitations.--Assistance provided under this section
shall not exceed--
(1) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and
dispensing infrastructure; or
(2) $180,000 for a combination of equipment at any one
retail outlet location.
(h) Operation of Renewable Fuel 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, establishing a marketing plan that
informs consumers of the price and availability of the
renewable fuel, clearly labeling the dispensers and related
equipment, and providing periodic reports on the status of
the renewable fuel sales, the type and amount of the
renewable fuel dispensed at each location, and the average
price of such fuel.
(i) Notification Requirements.--Not later than the date on
which each renewable fuel station begins to offer renewable
fuel to the public, the grant recipient that used grant funds
to construct or upgrade such station shall notify the
Secretary of Energy of such opening. The Secretary of Energy
shall add each new renewable fuel station to the renewable
fuel station locator on its Website when it receives
notification under this subsection.
(j) Ineligibility.--Any person receiving a credit may not
receive assistance under this section.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy for carrying
out this section $200,000,000 for each of the fiscal years
2008 through 2014.
(l) Restriction.--No grant shall be provided under this
section to a large, vertically integrated oil company.
SEC. 1305. 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 C.F.R., 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
[[Page H9896]]
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 an 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. 1306. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports.--The Secretary of Energy,
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 of
Energy.
(b) Dispenser Feasibility Study.--Not later than 24 months
after the date of enactment of this Act, the Secretary of
Energy, 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. 1307. PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall conduct a study
of the feasibility of the construction of dedicated ethanol
pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, 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 risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, 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, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
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.
SEC. 1308. STUDY OF ETHANOL-BLENDED GASOLINE WITH GREATER
LEVELS OF ETHANOL.
(a) In General.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of
Energy and the Secretary of Transportation, and after
providing notice and an opportunity for public comment, shall
conduct a study of the feasibility of widespread utilization
in the United States of ethanol blended gasoline with levels
of ethanol greater than 10 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing the consumption of ethanol;
(2) an evaluation of the economic, market, and energy
impacts of State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy
impacts on gasoline retailers and consumers of separate and
distinctly labeled fuel storage facilities and dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the
study conducted under this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary for the completion of the study required under this
section.
SEC. 1309. STUDY OF THE ADEQUACY OF TRANSPORTATION,
DISTRIBUTION, AND RETAIL DISPENSING OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(a) Study.--
(1) In general.--The Secretary of Energy shall conduct a
study of the adequacy of transportation, distribution, and
retail dispensing of domestically-produced renewable fuel.
(2) Components.--In conducting the study under paragraph
(1), the Secretary shall consider--
(A) the adequacy of, and appropriate location for tracks,
fuel terminals and retail dispensing facilities that have
sufficient capacity, and are in the appropriate condition, to
move the necessary quantities of domestically-produced
renewable fuel;
(B) the adequacy of the supply of equipment and personnel
to move the necessary quantities of domestically-produced
renewable fuel in a timely fashion;
(C)(i) the projected costs of transporting, distributing,
and dispensing the domestically-produced renewable fuel; and
(ii) the impact of the projected costs on the marketability
of the domestically-produced renewable fuel;
(D) whether there is adequate competition to ensure--
(i) a fair price for transportation, distribution, and
retail dispensing of domestically-produced renewable fuel;
and
(ii) acceptable levels of service for transportation,
distribution, and retail dispensing of domestically-produced
renewable fuel;
(E) any infrastructure capital investments that are needed
to transport, distribute, and dispense domestically-produced
renewable fuel;
(F) whether Federal agencies have adequate legal authority
to ensure a fair and reasonable transportation price and
acceptable levels of service in cases in which the
domestically produced renewable fuel source does not have
access to competitive transportation service;
(G) whether Federal agencies have adequate legal authority
to address transportation, distribution and retail dispensing
problems that may be resulting in inadequate supplies of
domestically-produced renewable fuel in any area of the
United States; and
(H) any recommendations for any additional legal
authorities for Federal agencies to ensure the reliable
transportation, distribution, and retail dispensing 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 Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate 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. 1310. 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.--Unless the
American Society for Testing and Materials has adopted a
standard for diesel fuel containing 20 percent biodiesel, not
later than 1 year after the date of enactment of this
subsection, the Administrator shall initiate a rulemaking
establishing a series of uniform per gallon fuel standards
for categories of fuels that contain biodiesel, including one
standard for fuel containing 20 percent biodiesel, and
designate an identification number for fuel meeting each
standard in each such category so that vehicle manufacturers
are able to design engines to use fuel meeting one or more of
such standards. The Administrator shall finalize the
standards under this subsection 18 months after the date of
the enactment of this subsection.''.
SEC. 1311. GRANTS FOR CELLULOSIC ETHANOL PRODUCTION.
Subsection (s) of section 211 of the Clean Air Act (as
added by section 1512 of the Energy Policy Act of 2005) (and
as redesignated by section 1311 of this Act), relating to
conversion assistance for cellulosic biomass,
[[Page H9897]]
waste-derived ethanol, and approved renewable fuels, is
amended as follows:
(1) By adding the following new subparagraphs at the end of
paragraph (3):
``(D) $500,000,000 for fiscal year 2009.
``(E) $500,000,000 for fiscal year 2010.''.
(2) By adding the following new paragraph at the end
thereof:
``(5) Criteria.--In awarding grants under this section, the
Secretary shall give priority to applications that promote
feedstock diversity and the geographic dispersion of
production facilities.''.
SEC. 1312. CONSUMER EDUCATION CAMPAIGN RELATING TO FLEXIBLE-
FUEL VEHICLES.
The Secretary of Transportation, in consultation with the
Secretary of Energy, shall carry out an education program to
inform consumers about which motor vehicles are flexible-fuel
vehicles and how to exercise their opportunity to choose E85
or B20. As part of such program, the Secretary of
Transportation may coordinate with motor vehicle
manufacturers to notify owners of flexible-fuel vehicles of
locations where E85 and B20 are sold in their area.
SEC. 1313. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062) is amended--
(1) in subsection (a)--
(A) by inserting ``, flexible-fuel,'' after ``production of
efficient hybrid''; and
(B) by adding at the end the following: ``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.''; and
(2) by striking subsection (b) and inserting the following:
``(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 such manufacturing facilities, including by
establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such
$90,000,000 to carry out this section.''.
SEC. 1314. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
There are authorized to be appropriated to the Secretary of
Energy $50,000,000 for fiscal year 2008, to remain available
until expended, for cellulosic ethanol and biofuels research
and development grants to 10 entities from among 1890 land
grant colleges, Historically Black Colleges or Universities,
Tribal serving institutions, or Hispanic serving
institutions, selected by the Secretary of Energy to receive
a grant under this section through a peer-reviewed
competitive process. The selected entities shall then
collaborate with one of the Department of Energy's Office of
Science Bioenergy Research Centers.
SEC. 1315. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel 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
the 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))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note);
(ii) that is eligible for a grant under the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.), including Dine College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies,
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 carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.
SEC. 1316. STUDY OF EFFECT OF OIL PRICES.
The Secretary of Energy shall conduct a study to review the
anticipated effects on renewable fuels production if oil were
priced no lower than $40 per barrel. The Secretary shall
report the findings of such study to Congress by December 31,
2008.
SEC. 1317. BIODIESEL AS ALTERNATIVE FUEL FOR CAFE PURPOSES.
Section 32901(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by redesignating subparagraphs (J)
and (K) as subparagraphs (K) and (L), respectively, and
inserting after subparagraph (I) the following:
``(J) B20 biodiesel blend;''; and
(2) by redesignating paragraphs (7) through (16) as
paragraphs (9) through (18), respectively, and insert after
paragraph (6) the following:
``(7) `biodiesel' means the monoalkyl esters of long chain
fatty acids derived from plant or animal matter which meet--
``(A) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
``(B) the requirements of the American Society of Testing
and Materials D6751.
``(8) `B20 biodiesel blend' means a mixture of biodiesel
and diesel fuel approximately 20 percent of the content of
which is biodiesel, and commonly known as `B20'.''.
PART 2--UNITED STATES-ISRAEL ENERGY COOPERATION
SEC. 1331. SHORT TITLE.
This part may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 1332. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to ensure secure access to reliable energy
sources;
(2) the United States relies heavily on the foreign supply
of crude oil to meet the energy needs of the United States,
currently importing 58 percent of the total oil requirements
of the United States, of which 45 percent comes from member
states of the Organization of Petroleum Exporting Countries
(OPEC);
(3) revenues from the sale of oil by some of these
countries directly or indirectly provide funding for
terrorism and propaganda hostile to the values of the United
States and the West;
(4) in the past, these countries have manipulated the
dependence of the United States on the oil supplies of these
countries to exert undue influence on United States policy,
as during the embargo of OPEC during 1973 on the sale of oil
to the United States, which became a major factor in the
ensuing recession;
(5) research by the Energy Information Administration of
the Department of Energy has shown that the dependence of the
United States on foreign oil will increase by 33 percent over
the next 20 years;
(6) a rise in the price of imported oil sufficient to
increase gasoline prices by 10 cents per gallon at the pump
would result in an additional outflow of $18,000,000,000 from
the United States to oil-exporting nations;
(7) for economic and national security reasons, the United
States should reduce, as soon as practicable, the dependence
of the United States on nations that do not share the
interests and values of the United States;
(8) the State of Israel has been a steadfast ally and a
close friend of the United States since the creation of
Israel in 1948;
(9) like the United States, Israel is a democracy that
holds civil rights and liberties in the highest regard and is
a proponent of the democratic values of peace, freedom, and
justice;
(10) cooperation between the United States and Israel on
such projects as the development of the Arrow Missile has
resulted in mutual benefits to United States and Israeli
security;
(11) the special relationship between Israel and the United
States has been and continues to be manifested in a variety
of jointly-funded cooperative programs in the field of
scientific research and development, such as--
(A) the United States-Israel Binational Science Foundation
(BSF);
(B) the Israel-United States Binational Agricultural
Research and Development Fund (BARD); and
(C) the Israel-United States Binational Industrial Research
and Development (BIRD) Foundation;
(12) these programs, supported by the matching
contributions from the Government of Israel and the
Government of the United States and directed by key
scientists and academics from both countries, have made
possible many scientific breakthroughs in the fields of life
sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(13) on February 1, 1996, United States Secretary of Energy
Hazel R. O'Leary and Israeli Minister of Energy and
Infrastructure Gonen Segev signed 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, to establish a framework for
collaboration between the United States and Israel in energy
research and development activities;
(14) the United States and Israeli governments should
promote cooperation in a broad range of projects designed to
enhance supplies of nonpetroleum energy for both countries,
and to provide for cutting edge research in each country;
(15) Israeli scientists and researchers have long been at
the forefront of research and development in the field of
alternative renewable energy sources;
(16) many of the top corporations of the world have
recognized the technological and scientific expertise of
Israel by locating important research and development
facilities in Israel;
(17) among the technological breakthroughs made by Israeli
scientists and researchers in the field of alternative,
renewable energy sources are--
(A) the development of a cathode that uses hexavalent iron
salts that accept 3 electrons per ion and enable rechargeable
batteries to provide 3 times as much electricity as existing
rechargeable batteries;
(B) the development of a technique that vastly increases
the efficiency of using solar
[[Page H9898]]
energy to generate hydrogen for use in energy cells; and
(C) the development of a novel membrane used in new and
powerful direct-oxidant fuel cells that is capable of
competing favorably with hydrogen fuel cells and traditional
internal combustion engines; and
(18) cooperation between the United States and Israel in
the field of research and development of alternative
renewable energy sources would be in the interests of both
countries, and both countries stand to gain much from such
cooperation.
SEC. 1333. GRANT PROGRAM.
(a) Authority.--Pursuant to the responsibilities described
in section 102(10), (14), and (17) of the Department of
Energy Organization Act (42 U.S.C. 7112(10), (14), and (17))
and section 103(9) of the Energy Reorganization Act of 1974
(42 U.S.C. 5813(9)), the Secretary, in consultation with the
BIRD or BSF, shall award grants to eligible entities.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application
to the Secretary containing such information and assurances
as the Secretary, in consultation with the BIRD or BSF, may
require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may
review any application submitted by any eligible entity and
select any eligible entity meeting criteria established by
the Secretary, in consultation with the Advisory Board, for a
grant under this section.
(c) Amount of Grant.--The amount of each grant awarded for
a fiscal year under this section shall be determined by the
Secretary, in consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish
procedures and criteria for recoupment in connection with any
eligible project carried out by an eligible entity that
receives a grant under this section, which has led to the
development of a product or process which is marketed or
used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such recoupment
shall be required as a condition for award and be
proportional to the Federal share of the costs of such
project, and shall be derived from the proceeds of royalties
or licensing fees received in connection with such product or
process.
(B) In the case where a product or process is used by the
recipient of a grant under this section for the production
and sale of its own products or processes, the recoupment
shall consist of a payment equivalent to the payment which
would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or process
utilized.
(e) Private Funds.--The Secretary may accept contributions
of funds from private sources to carry out this part.
(f) Office of Energy Efficiency and Renewable Energy.--The
Secretary shall carry out this section through the existing
programs at the Office of Energy Efficiency and Renewable
Energy.
(g) Report.--Not later than 180 days after receiving a
grant under this section, each recipient shall submit a
report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 1334. INTERNATIONAL ENERGY ADVISORY BOARD.
(a) Establishment.--There is established in the Department
of Energy an International Energy Advisory Board.
(b) Duties.--The Advisory Board shall advise the Secretary
on--
(1) criteria for the recipients of grants awarded under
section 1333(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Secretary of Commerce;
(B) 1 member appointed by the Secretary of Energy; and
(C) 2 members who shall be Israeli citizens, appointed by
the Secretary of Energy after consultation with appropriate
officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days
after the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board shall
serve without pay.
(B) Travel expenses.--Each member of the Advisory Board
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions of
subchapter I of chapter 57 of title 5, United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Secretary of Energy at the time of
the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Board.
SEC. 1335. DEFINITIONS.
In this part:
(1) Advisory board.--The term ``Advisory Board'' means the
International Energy Advisory Board established by section
1334(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of
both Israeli academic persons (who reside and work in Israel)
and United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation with the
BIRD or BSF, using the criteria established by the Secretary,
in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and Israel on research, development, or commercialization of
alternative energy, improved energy efficiency, or renewable
energy sources.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy
for Energy Efficiency and Renewable Energy.
SEC. 1336. TERMINATION.
The grant program authorized under section 1333 and the
Advisory Board shall terminate upon the expiration of the 7-
year period which begins on the date of the enactment of this
Act.
SEC. 1337. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than
$20,000,000 to carry out this part for each of fiscal years
2008 through 2014 from funds previously authorized to the
Office of Energy Efficiency and Renewable Energy.
SEC. 1338. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this part rests is
the power of Congress to regulate commerce with foreign
nations as enumerated in Article I, Section 8 of the United
States Constitution.
Subtitle E--Advanced Battery and Plug-In Hybrid Programs
SEC. 1401. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.
(a) Establishment of Program.--The Secretary of Energy
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
[[Page H9899]]
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, including defaults, 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. 1402. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062) is amended--
(1) in subsection (a)--
(A) by inserting ``and components thereof'' after ``sales
of efficient hybrid and advanced diesel vehicles'';
(B) by inserting ``and hybrid component manufacturers''
after ``grants to automobile manufacturers'';
(C) by inserting ``, plug-in electric hybrid,'' after
``production of efficient hybrid'';
(D) by inserting ``and suppliers'' after ``automobile
manufacturers''; and
(E) by adding at the end the following: ``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.''; and
(2) by striking subsection (b) and inserting the following:
``(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 such manufacturing facilities, including by
establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary $90,000,000 to
carry out this section.''.
SEC. 1403. INCENTIVE FOR FEDERAL AND STATE FLEETS FOR MEDIUM
AND HEAVY DUTY HYBRIDS.
Section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211) is amended--
(1) in paragraph (3), by striking ``or a dual fueled
vehicle'' and inserting ``, a dual fueled vehicle, or a
medium or heavy duty vehicle that is a hybrid vehicle'';
(2) by redesignating paragraphs (11), (12), (13), and (14)
as paragraphs (12), (14), (15), and (16), respectively;
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) the term `hybrid vehicle' means a vehicle powered
both by a diesel or gasoline engine and an electric motor or
hydraulic energy storage device that is recharged as the
vehicle operates;''; and
(4) by inserting after paragraph (12) (as so redesignated
by paragraph (2) of this section) the following new
paragraph:
``(13) the term `medium or heavy duty vehicle' means a
vehicle that--
``(A) in the case of a medium duty vehicle, has a gross
vehicle weight rating of more than 8,500 pounds but not more
than 14,000 pounds; and
``(B) in the case of a heavy duty vehicle, has a gross
vehicle weight rating of more than 14,000 pounds;''.
SEC. 1404. 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 striking ``The Secretary'' in subsection (a) and
inserting ``(1) The Secretary''; and
(2) by adding at the end of subsection (a) the following:
``(2) Not later than January 31, 2009, the Secretary shall
allocate credit in an amount to be determined by the
Secretary for acquisition of--
``(A) a hybrid electric vehicle;
``(B) a plug-in hybrid electric vehicle;
``(C) a fuel cell electric vehicle;
``(D) a neighborhood electric vehicle; or
``(E) a medium-duty or heavy-duty electric, hybrid
electric, hybrid hydraulic, or plug-in hybrid electric
vehicle.''; and
(3) by adding at the end the following:
``(e) Definitions.--In this section:
``(1) Fuel cell electric vehicle.--The term `fuel cell
electric vehicle' means an on-road or nonroad vehicle that
uses a fuel cell (as defined in section 803 of the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration
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-duty or heavy-duty electric, hybrid electric,
or plug-in hybrid electric vehicle.--The term `medium-duty or
heavy-duty electric, hybrid electric, or plug-in hybrid
electric vehicle' is an electric, hybrid electric, or plug-in
hybrid electric motor vehicle greater than 8,501 pounds gross
vehicle rating.
``(4) Neighborhood electric vehicle.--The term
`neighborhood electric vehicle' means a 4-wheeled on-road or
nonroad vehicle, with a top attainable speed in 1 mile of
more than 20 mph and not more than 25 mph on a paved level
surface, that 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 hybrid electric vehicle.--The term `plug-in
hybrid electric vehicle' means a light-duty, medium-duty, or
heavy-duty on-road or nonroad vehicle that is propelled by
any combination of--
``(A) an electric motor and on-board, rechargeable energy
storage system capable of operating the vehicle in
intermittent or continuous all-electric mode and which is
rechargeable using an off-board source of electricity; and
``(B) an internal combustion engine or heat engine using
any combustible fuel.''.
SEC. 1405. STUDYING THE BENEFITS OF PLUG-IN HYBRID ELECTRIC
DRIVE VEHICLES AND ELECTRIC DRIVE
TRANSPORTATION.
(a) Study.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation in
consultation with the Secretary of Energy and appropriate
Federal agencies and interested stakeholders in the public,
private and non-profit sectors, shall study and report to
Congress on the benefits of and barriers to the widespread
use of a potentially new class of vehicles known as city cars
with performance capability that exceeds that of low speed
vehicles but is less than that of passenger vehicles, and
which may be battery electric, fuel cell electric, or plug-in
hybrid electric vehicles. Such study shall examine the
benefits and issues associated with limiting city cars to a
maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum
speed, and make a recommendation regarding maximum speed.
(b) Definitions.--In this section--
(1) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given that term in section 216 of the Clean Air Act
(42 U.S.C. 7550)), or vehicles of the same classification
that are fully or partially powered by an electric motor
powered by a fuel cell, a battery, or an off-board source of
electricity.
(2) Plug-in electric drive vehicle.--The term `` plug-in
electric drive vehicle'' means a means a light-duty, medium-
duty, or heavy-duty on-road or nonroad battery electric,
hybrid or fuel cell vehicle that can be recharged from an
external electricity source for motive power.
(3) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means a light-duty, medium-duty, or
heavy-duty on-road or nonroad vehicle that is propelled by
any combination of--
(A) an electric motor and on-board, rechargeable energy
storage system capable of operating the vehicle in
intermittent or continuous all-electric mode and which is
rechargeable using an off-board source of electricity; and
(B) an internal combustion engine or heat engine using any
combustible fuel.
SEC. 1406. PLUG-IN HYBRID VEHICLE PROGRAM.
(a) Establishment.--The Secretary of Energy (in this
section referred to as 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 thereof, to
carry out a project or projects to encourage the use of plug-
in electric drive vehicles or other emerging electric vehicle
technologies, as determined by the Secretary.
(b) Administration.--The Secretary shall establish
requirements for applications for grants under this section,
including reporting of data to be summarized for
dissemination to the Department, other grantees, and the
public, including vehicle and component performance and
vehicle and component life cycle costs.
(c) Selection Criteria.--
(1) Priority.--When making awards under this section, the
Secretary shall give priority consideration to applications
that encourage early widespread utilization of such vehicles
and are likely to make a significant contribution to the
advancement of the production of such vehicles in the United
States.
(2) Scope of programs.--When making awards under this
section, the Secretary shall ensure that the programs will
maximize diversity in applications, manufacturers, end-uses
and vehicle control systems.
(d) Authorizations of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this section, $60,000,000, to remain available until
expended.
(e) Certain Applicants.--A battery manufacturer that
proposes to supply to an applicant for a grant under this
section a battery with a capacity of greater than 1 kilowatt-
hour for use in a plug-in electric drive vehicle shall--
(1) ensure that the applicant includes in the application a
description of the price of the battery per kilowatt hour;
[[Page H9900]]
(2) on approval by the Secretary of the application,
publish, or permit the Secretary to publish, the price
described in subparagraph (A); and
(3) for any order received by the battery manufacturer for
at least 1,000 batteries, offer batteries at that price.
SEC. 1407. NEAR-TERM ELECTRIC DRIVE TRANSPORTATION DEPLOYMENT
PROGRAM.
(a) Revolving Loan Program.--
(1) In general.--The Secretary shall establish a revolving
loan program to provide loans to eligible entities for the
conduct of qualified electric transportation projects.
(2) Criteria.--The Secretary shall establish criteria for
the provision of loans under this subsection.
(b) Market Assessment and Electricity Usage Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary and
private industry, shall carry out a program--
(A) to inventory and analyze existing electric drive
transportation technologies and hybrid technologies and
markets; and
(B) to identify and implement methods of removing barriers
for existing and emerging applications of electric drive
transportation technologies and hybrid transportation
technologies.
(2) Electricity usage.--The Secretary, in consultation with
the Administrator of the Environmental Protection Agency and
private industry, shall carry out a program--
(A) to develop systems and processes--
(i) to enable plug-in electric vehicles to enhance the
availability of emergency back-up power for consumers; and
(ii) to study and demonstrate the potential value to the
electric grid of using the energy stored in the on-board
storage systems to improve the efficiency of the grid
generation system; and
(B) to work with utilities and other interested
stakeholders to study and demonstrate the implications of the
introduction of plug-in electric vehicles and other types of
electric transportation on the production of electricity from
renewable resources.
(3) Off-peak electricity usage grants.--In carrying out the
program under paragraph (2), the Secretary shall provide
grants to assist eligible public and private electric
utilities to conduct programs or activities to encourage
owners of electric drive transportation technologies--
(A) to use off-peak electricity; or
(B) to have the load managed by the utility.
(c) Definition of Qualified Electric Transportation
Project.--In this section, the term ``qualified electric
transportation project'' includes a project relating to--
(1) ship-side or shore-side electrification for vessels;
(2) truck-stop electrification;
(3) electric truck refrigeration units;
(4) battery-powered auxiliary power units for trucks;
(5) electric airport ground support equipment;
(6) electric material/cargo handling equipment;
(7) electric or dual-mode electric freight rail;
(8) any distribution upgrades needed to supply electricity
to the qualified electric transportation projects; and
(9) any ancillary infrastructure, including panel upgrades,
battery chargers, in-situ transformer, and trenching.
(d) Authorization of Appropriations.--There are authorized
to carry this section $90,000,000 for each of the fiscal
years 2008 through 2011.
Subtitle A--Energy Market Study
SEC. 1501. FINDINGS.
The Congress finds that--
(1) the Energy Information Administration's data is
critical not merely for analysis of the role of energy in our
economy and environment, but for the effective functioning of
domestic and international energy markets.
(2) Federal and State policymakers rely on the Energy
Information Administration to collect and report State level
energy information needed for energy policymaking, compliance
with Federal and State mandates, and for purposes of
emergency energy preparedness and response;
(3) as policymakers consider and implement policies to cut
greenhouse gas emissions, accurate, timely, and comparable
State energy information becomes even more important;
(4) new and expanded sources of information about energy
demand and supply have become available and need to be
incorporated in the Energy Information Administration's data
and analysis functions;
(5) the Energy Information Administration needs to maintain
and enhance its ability to collect, process, and analyze data
while confronting broader demands for information in greater
detail; and
(6) budget and personnel constraints have forced the Energy
Information Administration to curtail surveys relied upon by
energy and financial markets and could further defer
important improvements in the scope and quality of resulting
information.
SEC. 1502. ASSESSMENT OF RESOURCES.
(a) 5-Year Plan.--The Administrator of the Energy
Information Administration 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. Particular
attention shall be paid to restoring data series terminated
because of budget constraints, data on demand response,
timely data series of State-level information, improvements
in the area of oil and gas data, and the ability to provide
data mandated by Congress promptly and completely.
(b) Submittal to Congress.--The Administrator shall submit
this plan to Congress detailing improvements needed to
enhance the Energy Information Administration's ability to
collect and process energy information in a manner consistent
with the needs of energy markets.
(c) Guidelines.--The Administrator shall--
(1) 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;
(2) share company-level data collected at the State level
with the State involved, provided the State has agreed to
reasonable guidelines for its use adopted by the
Administrator;
(3) assess any existing gaps in data obtained by and
compiled by the Energy Information Administration; and
(4) evaluate the most cost effective ways to address any
data quality and quantity issues in conjunction with State
officials.
The Energy Information Administration shall consult with
State officials and the Federal Energy Regulatory Commission
on a regular basis in establishing these guidelines and scope
of State level data, as well as in exploring ways to address
data needs and serve data uses.
(d) Assessment of State Data Needs.--The Administrator
shall provide an assessment of these State-level data needs
to the Congress not later than 1 year after the date of
enactment of this Act, detailing a plan to address the needs
identified.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator for carrying out this
section, in addition to any other authorizations--
(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.
TITLE II--SCIENCE AND TECHNOLOGY
Subtitle A--Geothermal Energy
SEC. 2001. SHORT TITLE.
This subtitle may be cited as the ``Advanced Geothermal
Energy Research and Development Act of 2007''.
SEC. 2002. 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) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) 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. 2003. 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.
[[Page H9901]]
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 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. 2004. 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
logging, and logging while drilling.
(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; and
(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.
Any potential environmental impacts identified as part of the
development, production, and use of geothermal energy shall
be measured and examined against the potential emissions
offsets of greenhouses gases gained by geothermal energy
development, production, and use.
SEC. 2005. 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;
(F) understanding seismic effects of reservoir engineering
and stimulation; and
(G) laser-based drilling technology.
(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 5 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 sites.--The following 2
sites, where Department of Energy and industry cooperative
enhanced geothermal systems projects are already underway,
may be considered for inclusion among the sites selected
under subparagraph (A):
(i) Desert Peak, Nevada.
(ii) Coso, California.
SEC. 2006. 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 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 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 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 one 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 situated in and near the Gulf of
Mexico.
(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. 2007. GEOPOWERING AMERICA.
(a) In General.--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.
(b) Additional Purposes.--In addition to the other duties
of GeoPowering the West, the new GeoPowering America program
is authorized to serve as an information clearinghouse for
the geothermal industry, collecting and disseminating
information on best practices in all areas related to
developing and managing hydrothermal resources, geothermal
resources from oil and gas fields, enhanced geothermal
systems resources, and geopressured resources. GeoPowering
America shall collect and disseminate information on all
subjects germane to the development and use of hydrothermal
systems, geothermal systems from oil and gas fields, enhanced
geothermal systems, and geopressured systems. Information for
hydrothermal systems shall at a minimum include--
[[Page H9902]]
(1) resource location;
(2) reservoir characterization, monitoring, and modeling;
(3) drilling techniques;
(4) reservoir management techniques; and
(5) technologies for electric power conversion or direct
use of geothermal energy.
SEC. 2008. 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. 2009. REPORTS.
(a) Reports on Advanced Uses of Geothermal Energy.--Not
later than 1 year, 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. 2010. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving the
applicability of any requirement under any environmental or
other Federal or State law.
SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle $80,000,000 for each of the fiscal
years 2008 through 2012, of which $20,000,000 for each fiscal
year shall be for carrying out section 2006.
Subtitle B--Biofuels
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Biofuels Research and
Development Enhancement Act''.
SEC. 2102. BIODIESEL.
(a) Biodiesel Study.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on any research and development challenges
inherent in increasing to 2.5 percent the proportion of
diesel fuel sold in the United States that is biodiesel
(within the meaning of section 211(o) of the Clean Air Act).
(b) Materials for the Establishment of Standards.--The
Director of the National Institute of Standards and
Technology shall make publicly available the physical
property data and characterization of biodiesel, as is
defined in subsection (a), in order to encourage the
establishment of standards that will promote their
utilization in the transportation and fuel delivery system.
SEC. 2103. BIOGAS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress a report on any
research and development challenges inherent in increasing to
5 percent of the transportation fuels sold in the United
States fuel with biogas or a blend of biogas and natural gas.
SEC. 2104. 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
other than ethanol production from corn, 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))
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. 2105. BIOREFINERY ENERGY EFFICIENCY.
Section 932 of 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. 2106. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation, shall conduct a study of the methods of
increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 40 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing consumption of ethanol;
(2) an evaluation of the environmental consequences of the
ethanol blends described in subsection (a) on evaporative and
exhaust emissions from on-road, off-road, and marine vehicle
engines;
(3) an evaluation of the consequences of the ethanol blends
described in subsection (a) on the operation, durability, and
performance of on-road, off-road, and marine vehicle engines;
and
(4) an evaluation of the life cycle impact of the use of
the ethanol blends described in subsection (a) on carbon
dioxide and greenhouse gas emissions.
(c) Report.--Not later than 1 year 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.
SEC. 2107. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, 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 of the House of
Representatives the Committee on Energy and Natural Resources
of the Senate a report that describes the results of the
study under this section, including any recommendations of
the Secretary.
SEC. 2108. 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 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 of the House of
Representatives the Committee on Energy and Natural Resources
of the Senate a report that describes the results of the
study under this section, including any recommendations of
the Secretary.
SEC. 2109. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION
OF APPROPRIATION.
(a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C.
16231) is amended--
(1) in subsection (b)--
(A) at the end of paragraph (2) by striking ``and'';
(B) at the end of paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) $963,000,000 for fiscal year 2010.''; and
(2) in subsection (c)--
[[Page H9903]]
(A) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000'';
(B) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''; and
(C) by adding at the end the following new paragraph:
``(4) $419,000,000 for fiscal year 2010, of which
$150,000,00 shall be for section 932(d).''.
SEC. 2110. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.
(a) Amendments.--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) at the end of paragraph (3), by striking ``and'';
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following new
paragraph:
``(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.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Agriculture, shall establish a research
and development program to--
(1) improve and develop 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
(2) promote the systematic evaluation of the impact of
expanded biofuel production on the environment, including
forestlands, and on the food supply for humans and animals.
(c) Small-Scale Production and Use of Biofuels.--The
Secretary, in cooperation with the Secretary of Agriculture,
shall establish a research and development program 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. 2111. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL
GAS VEHICLES.
(a) In General.--The Secretary of Energy 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 of Energy shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science and Technology of the
House of Representatives a report that describes the results
of the study, including any recommendations of the Secretary.
SEC. 2112. ALGAL BIOMASS.
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. 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. 2113. BLENDED FUELS.
The Secretary shall carry out a program of research,
development, and demonstration as it relates to the blending
of transportation fuels derived from coal-to-liquids and the
blending thereof with transportation fuels derived from
renewable sources, including biomass (as defined in section
932 of the Energy Policy Act of 2005). The program shall
focus on--
(1) maximizing the fungibility and supply of blended
transportation fuels;
(2) the viability of the blend as a cost competitive
replacement for transportation fuels;
(3) evaluation of the environmental consequences of the
blend on evaporative and exhaust emissions from on-road and
off-road engines;
(4) the quality of the resultant blend at varying
concentrations of biofuel; and
(5) other areas the Secretary considers appropriate.
Subtitle C--Carbon Capture and Storage
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy
Carbon Capture and Storage Research, Development, and
Demonstration Act of 2007''.
SEC. 2202. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
(a) Amendments.--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 STORAGE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and storage research, development, and demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and storage technologies
related to electric power generating systems'';
(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 geological
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
storage technologies.--
``(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 store carbon dioxide, or to learn
how to use carbon dioxide in products 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 and the field testing of carbon sequestration and
carbon use activities, including--
``(i) development of new or advanced technologies for the
capture of carbon dioxide;
``(ii) development of new or advanced technologies that
reduce the cost and increase the efficacy of the compression
of carbon dioxide required for the storage of carbon dioxide;
``(iii) modeling and simulation of geological sequestration
field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies; and
``(v) research and development of new and advanced
technologies for carbon use, including recycling and reuse of
carbon dioxide.
``(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 geological 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;
``(vi) deep geologic systems containing basalt formations;
and
``(vii) high altitude terrain oil and gas fields.
``(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 geological formations;
``(iii) to refine storage capacity estimated for particular
geological formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geological formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, injection and
storage of carbon dioxide in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geological storage 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
storage that are funded by the Department of Energy; and
``(viii) to support Environmental Protection Agency
efforts, in consultation with other agencies, to develop a
scientifically sound regulatory framework to enable
commercial-scale sequestration operations.
``(3) Large-scale carbon dioxide sequestration testing.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-volume sequestration tests for
geological containment of carbon dioxide (at least 1 of which
shall be international in scope) to validate information on
the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider
[[Page H9904]]
a variety of geological 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 demonstrations.--In the process of any
acquisition of carbon dioxide for sequestration
demonstrations under subparagraph (A), the Secretary shall
give preference to purchases of carbon dioxide from
industrial and coal-fired electric generation facilities. To
the extent feasible, the Secretary shall prefer test projects
from industrial and coal-fired electric generation facilities
that would facilitate the creation of an integrated system of
capture, transportation and storage of carbon dioxide,
including facilities that convert coal to one or more liquid
or gaseous transportation fuels. Until coal-fired electric
generation facilities, either new or existing, are operating
with carbon dioxide capture technologies, other industrial
sources of carbon dioxide should be pursued under this
paragraph. 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
metric tons of carbon dioxide annually, or a scale that
demonstrably exceeds the necessary thresholds in key geologic
transients to validate the ability continuously to inject
quantities on the order of several million metric tons of
industrial carbon dioxide annually for a large number of
years.
``(4) Large-scale demonstration of carbon dioxide capture
technologies.--
``(A) In general.--The Secretary shall carry out at least 3
and no more than 5 demonstrations, that include each of the
technologies described in subparagraph (B), for the large-
scale capture of carbon dioxide from industrial sources of
carbon dioxide, at least 2 of which are facilities that
generate electric energy from fossil fuels. Candidate
facilities for other demonstrations under this paragraph
shall include facilities that refine petroleum, convert coal
to one or more liquid or gaseous transportation fuels,
manufacture iron or steel, manufacture cement or cement
clinker, manufacture commodity chemicals, and ethanol and
fertilizer plants. Consideration may be given to capture of
carbon dioxide from industrial facilities and electric
generation carbon sources that are near suitable geological
reservoirs and could continue sequestration. 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 long-term carbon
dioxide sequestration demonstrations described in paragraph
(3). These actions should not delay implementation of the
large-scale sequestration tests authorized in paragraph (3).
``(B) Technologies.--The technologies referred to in
subparagraph (A) are precombustion capture, post-combustion
capture, and oxycombustion.
``(C) Scope of award.--An award under this paragraph shall
be only for the portion of the project that carries out the
large-scale capture (including purification and compression)
of carbon dioxide, as well as the cost of transportation and
injection of carbon dioxide.
``(5) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall give preference to proposals from
partnerships among industrial, academic, and government
entities.
``(6) 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).
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary for carrying out this section, other than
subsection (c)(3) and (4)--
``(A) $100,000,000 for fiscal year 2008;
``(B) $100,000,000 for fiscal year 2009;
``(C) $100,000,000 for fiscal year 2010; and
``(D) $100,000,000 for fiscal year 2011.
``(2) Sequestration.--There are authorized to be
appropriated to the Secretary for carrying out subsection
(c)(3)--
``(A) $140,000,000 for fiscal year 2008;
``(B) $140,000,000 for fiscal year 2009;
``(C) $140,000,000 for fiscal year 2010; and
``(D) $140,000,000 for fiscal year 2011.
``(3) Carbon capture.--There are authorized to be
appropriated to the Secretary for carrying out subsection
(c)(4)--
``(A) $180,000,000 for fiscal year 2009;
``(B) $180,000,000 for fiscal year 2010;
``(C) $180,000,000 for fiscal year 2011; and
``(D) $180,000,000 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 storage research, development, and
demonstration program.''.
SEC. 2203. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary of Energy 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) and (4) of the Energy Policy Act of
2005, as added by section 2202 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. 2204. SAFETY RESEARCH.
(a) Program.--The Assistant Administrator for Research and
Development of the Environmental Protection Agency shall
conduct a research program to determine procedures necessary
to protect public health, safety, and the environment from
impacts that may be associated with capture, injection, and
sequestration of greenhouse gases in subterranean reservoirs.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out this section $5,000,000
for each fiscal year.
SEC. 2205. GEOLOGICAL SEQUESTRATION TRAINING AND RESEARCH.
(a) Study.--
(1) In general.--The Secretary of Energy 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 geological sequestration science;
(C) develops guidelines for proposals from colleges and
universities with substantial capabilities in the required
disciplines that wish to implement geological sequestration
science programs that advance the Nation's capacity to
address carbon management through geological 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 of Energy 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 of Energy, through the
National Energy Technology Laboratory, 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 geological carbon sequestration
science program; and
(B) internships for graduate students in geological
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 geological carbon sequestration
partnerships.--To the greatest extent possible, geological
carbon sequestration science programs supported under this
subsection shall interface with the research of the Regional
Carbon Sequestration Partnerships operated by the Department
of Energy to provide internships and practical training in
carbon capture and geological 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. 2206. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.
(a) Establishment.--The Secretary of Energy, 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) Grants.--Under this section, the Secretary shall award
5 grants for projects submitted by colleges or universities
to study carbon capture and sequestration in conjunction with
the recovery of oil and other enhanced elemental and mineral
recovery. Consideration shall be given to areas that have
regional sources of coal for the study of carbon capture and
sequestration.
(c) Rural and Agricultural Institutions.--The Secretary
shall designate that at least 2 of these grants shall be
awarded to rural or agricultural based institutions that
offer interdisciplinary programs in the area of environmental
science to study carbon capture and sequestration in
conjunction with the recovery of oil and other enhanced
elemental and mineral recovery.
(d) Authorization of Appropriations.--There are to be
authorized to be appropriated $10,000,000 to carry out this
section.
Subtitle D--Produced Water Utilization
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the ``Produced Water
Utilization Act of 2007''.
SEC. 2302. FINDINGS.
The Congress finds as follows:
(1) The population of the United States is increasing, and
as the population increases, additional potable water
supplies are required to sustain individuals, agricultural
[[Page H9905]]
production, and industrial users, particularly in the
Mountain West and desert Southwest, where water resources are
scarce.
(2) During the development of domestic energy sources,
including coalbed methane, oil, and natural gas, water may be
extracted from underground sources and brought to the
surface, often increasing energy production from subsurface
geological formations in the process.
(3) Produced water frequently contains increased levels of
potentially harmful dissolved solids, rendering much of the
water nonpotable and unsuitable for agricultural or
industrial uses, and encouraging reinjection of the water to
subsurface geological formations to safely dispose of it,
which may lead to reduced production of domestic energy
resources and increased costs to producers.
(4) Increasing environmentally responsible surface
utilization of produced water would--
(A) increase water supplies available for agricultural and
industrial use;
(B) reduce the amount of produced water returned to
underground formations; and
(C) increase domestic energy production by reducing costs
associated with reinjection of produced water to the
subsurface.
SEC. 2303. DEFINITIONS.
In this subtitle:
(1) Existing program.--The term ``existing program'' means
a program at the Department of Energy which is engaged in
research, development, demonstration, and commercial
application of technologies for unconventional domestic
natural gas production and other domestic petroleum
production as of the date of enactment of this Act.
(2) Produced water.--The term ``produced water'' means
water from an underground source that is brought to the
surface as part of the process of exploration for or
development of coalbed methane, oil, natural gas, or any
other substance to be used as an energy source.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 2304. PURPOSES.
(a) In General.--The Secretary shall carry out under this
subtitle, in conjunction with an existing program, a program
of research, development, and demonstration of technologies
for environmentally sustainable utilization of produced water
for use for agriculture, irrigation, municipal, or industrial
uses, or other environmentally sustainable purposes. The
program shall be designed to maximize the utilization of
produced water in the United States by increasing the quality
of produced water and reducing the environmental impacts of
produced water.
(b) Program Elements.--The program under this subtitle
shall address the following areas, including improving safety
and minimizing environmental impacts of activities within
each area:
(1) Produced water recovery, including research for
desalination and demineralization to reduce total dissolved
solids in the produced water.
(2) Produced water utilization for agricultural,
irrigation, municipal, or industrial uses, or other
environmentally sustainable purposes.
(3) Reinjection of produced water into subsurface
geological formations to increase energy production.
(c) Program Administration.--The program under this
subtitle shall be administered by a consortium, administering
an existing program, whose members have collectively
demonstrated capabilities and experience in planning and
managing research, development, demonstration, and commercial
application programs for unconventional natural gas and other
petroleum production and produced water utilization.
(d) Activities at the National Energy Technology
Laboratory.--The Secretary, through the National Energy
Technology Laboratory, shall carry out a program of research,
development, and demonstration activities complementary to
and supportive of the research, development, and
demonstration programs under subsection (b).
(e) Consultation.--In carrying out this subtitle, the
Secretary shall consult regularly with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency.
SEC. 2305. SUNSET.
The authority provided by this subtitle shall terminate on
September 30, 2016.
SEC. 2306. FUNDING.
(a) Allocation.--Amounts appropriated for this subtitle for
each fiscal year shall be allocated as follows:
(1) 75 percent shall be for activities under section
2304(a), (b), and (c).
(2) 25 percent shall be for activities under section
2304(d) and other activities under section 2304, including
administrative functions such as program direction, overall
program oversight, and contract management.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle $20,000,000 for
each of fiscal years 2008 through 2016.
Subtitle E--Natural Gas Vehicles
SEC. 2401. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of Energy shall conduct a 5-
year program of natural gas vehicle research, development,
and demonstration. The Secretary shall coordinate with the
Administrator of the Environmental Protection Agency, as
necessary.
(b) Purpose.--The program under this section shall focus
on--
(1) the continued improvement and development of new,
cleaner, more efficient light-duty, medium-duty, and heavy-
duty natural gas vehicle engines;
(2) the integration of those engines into light-duty,
medium-duty, and heavy-duty natural gas vehicles for onroad
and offroad applications;
(3) expanding product availability by assisting
manufacturers with the certification of the engines or
vehicles described in paragraph (1) or (2) to Federal or
California certification requirements and in-use emission
standards;
(4) the demonstration and proper operation and use of the
vehicles described in paragraph (2) under all operating
conditions;
(5) the development and improvement of nationally
recognized codes and standards for the continued safe
operation of natural gas vehicles and their components;
(6) improvement in the reliability and efficiency of
natural gas fueling station infrastructure;
(7) the certification of natural gas fueling station
infrastructure to nationally recognized and industry safety
standards;
(8) the improvement in the reliability and efficiency of
onboard natural gas fuel storage systems;
(9) the development of new natural gas fuel storage
materials;
(10) the certification of onboard natural gas fuel storage
systems to nationally recognized and industry safety
standards; and
(11) the use of natural gas engines in hybrid vehicles.
(c) Certification of Conversion Systems.--The Secretary
shall coordinate with the Administrator on issues related to
streamlining the certification of natural gas conversion
systems to the appropriate Federal certification requirements
and in-use emission standards.
(d) Cooperation and Coordination With Industry.--In
developing and carrying out the program under this section,
the Secretary shall coordinate with the natural gas vehicle
industry to ensure cooperation between the public and the
private sector.
(e) Conduct of Program.--The program under this section
shall be conducted in accordance with sections 3001 and 3002
of the Energy Policy Act of 1992.
(f) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall provide a report
to Congress on the implementation of this section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $20,000,000 for each of
the fiscal years 2008 through 2012 to carry out this section.
(h) Definition.--For purposes of this section, the term
``natural gas'' means compressed natural gas, liquefied
natural gas, biomethane, and mixtures of hydrogen and methane
or natural gas.
Subtitle F--Energy Efficient Buildings
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Energy Efficient
Buildings Act of 2007''.
SEC. 2502. ENERGY EFFICIENT BUILDING GRANT PROGRAM.
(a) Energy Efficient Building Pilot Grant Program.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Energy (in this
subtitle referred to as the ``Secretary'') shall establish a
pilot program to award grants to businesses and organizations
for new construction of energy efficient buildings, or major
renovations of buildings that will result in energy efficient
buildings, to demonstrate innovative energy efficiency
technologies, especially those sponsored by the Department of
Energy.
(2) Awards.--The Secretary shall award grants under this
subsection competitively to those applicants whose
proposals--
(A) best demonstrate--
(i) likelihood to meet or exceed the standards referred to
in subsection (b)(2);
(ii) likelihood to maximize cost-effective energy
efficiency opportunities; and
(iii) advanced energy efficiency technologies; and
(B) maximize the leverage of private investment for costs
related to increasing the energy efficiency of the building.
(3) Consideration.--The Secretary shall give due
consideration to proposals for buildings that are likely to
serve low and moderate income populations.
(4) Amount of grants.--Grants under this subsection shall
be for up to 50 percent of design and energy modeling costs,
not to exceed $50,000 per building. No single grantee may be
eligible for more than 3 grants per year under this program.
(5) Grant payments.--
(A) Initial payment.--The Secretary shall pay 50 percent of
the total amount of the grant to grant recipients upon
selection.
(B) Remainder of payment.--The Secretary shall pay the
remaining 50 percent of the grant only after independent
certification, by a professional engineer or other qualified
professional, that operational buildings are energy efficient
buildings as defined in subsection (b).
(C) Failure to comply.--The Secretary shall not provide the
remainder of the payment unless the building is certified
within 6 months after operation of the completed building to
meet the requirements described in subparagraph (B), or in
the case of major renovations the building is certified
within 6 months of the completion of the renovations.
(6) Report to congress.--Not later than 3 years after
awarding the first grant under
[[Page H9906]]
this subsection, the Secretary shall transmit to Congress a
report containing--
(A) the total number and dollar amount of grants awarded
under this subsection; and
(B) an estimate of aggregate cost and energy savings
enabled by the pilot program under this subsection.
(7) Administrative expenses.--Administrative expenses for
the program under this subsection shall not exceed 10 percent
of appropriated funds.
(b) Definition of Energy Efficient Building.--For purposes
of this section the term ``energy efficient building'' means
a building that--
(1) achieves a reduction in energy consumption of--
(A) at least 30 percent for new construction, compared to
the energy standards set by the 2004 International Energy
Conservation Code (in the case of residential buildings) or
ASHRAE Standard 90.1-2004; or
(B) at least 20 percent for major renovations, compared to
energy consumption before renovations are begun;
(2) is constructed or renovated in accordance with the most
current, appropriate, and applicable voluntary consensus
standards, as determined by the Secretary, such as those
listed in the assessment under section 914(b), or revised or
developed under section 914(c), of the Energy Policy Act of
2005; and
(3) after construction or renovation--
(A) uses heating, ventilating, and air conditioning systems
that perform at no less than Energy Star standards; or
(B) if Energy Star standards are not applicable, uses
Federal Energy Management Program recommended heating,
ventilating, and air conditioning products.
(c) 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.
Subtitle G--Plug-In Hybrid Electric Vehicles
SEC. 2601. SHORT TITLE.
This subtitle may be cited as the ``Plug-In Hybrid Electric
Vehicle Act of 2007''.
SEC. 2602. NEAR-TERM VEHICLE TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Battery.--The term ``battery'' means a device or system
for the electrochemical storage of energy.
(2) Biomass.--The term ``biomass'' has meaning given the
term in section 932 of the Energy Policy Act of 2005 (42
U.S.C. 16232).
(3) E85.--The term ``E85'' means a fuel blend containing 85
percent ethanol and 15 percent gasoline by volume.
(4) Electric drive transportation technology.--The term
``electric drive transportation technology'' means--
(A) vehicles that use an electric motor for all or part of
their motive power and that may or may not use offboard
electricity, including battery electric vehicles, fuel cell
vehicles, hybrid electric vehicles, plug-in hybrid electric
vehicles, flexible fuel plug-in hybrid electric vehicles, and
electric rail; and
(B) related equipment, including electric equipment
necessary to recharge a plug-in hybrid electric vehicle.
(5) Flexible fuel plug-in hybrid electric vehicle.--The
term ``flexible fuel plug-in hybrid electric vehicle'' means
a plug-in hybrid electric vehicle--
(A) warranted by its manufacturer as capable of operating
on any combination of gasoline or E85 for its onboard
internal combustion or heat engine; or
(B) that uses a fuel cell for battery charging when
disconnected from offboard power sources.
(6) Fuel cell vehicle.--The term ``fuel cell vehicle''
means an onroad vehicle that uses a fuel cell (as defined in
section 803 of the Energy Policy Act of 2005 (42 U.S.C.
16152)).
(7) Hybrid electric vehicle.--The term ``hybrid electric
vehicle'' means an onroad vehicle that--
(A) can operate on either liquid combustible fuel or
electric power provided by an onboard battery; and
(B) utilizes regenerative power capture technology to
recover energy expended in braking the vehicle for use in
recharging the battery.
(8) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means a hybrid electric vehicle
that can operate solely on electric power for a minimum of 20
miles under city driving conditions, and that is capable of
recharging its battery from an offboard electricity source.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application on technologies needed for the development of
plug-in hybrid electric vehicles, including--
(1) high capacity, high efficiency batteries, to--
(A) improve battery life, energy storage capacity, and
power delivery capacity, and lower cost; and
(B) minimize waste and hazardous material production in the
entire value chain, including after the end of the useful
life of the batteries;
(2) high efficiency onboard and offboard charging
components;
(3) high power drive train systems for passenger and
commercial vehicles and for supporting equipment;
(4) onboard energy management systems, power trains, and
systems integration for plug-in hybrid electric vehicles,
flexible fuel plug-in hybrid electric vehicles, and hybrid
electric vehicles, including efficient cooling systems and
systems that minimize the emissions profile of such vehicles;
and
(5) lightweight materials, including research, development,
demonstration, and commercial application to reduce the cost
of materials such as steel alloys and carbon fibers.
(c) Plug-In Hybrid Electric Vehicle Demonstration
Program.--
(1) Establishment.--The Secretary shall establish a
competitive grant pilot demonstration program to provide not
more than 25 grants annually to State governments, local
governments, metropolitan transportation authorities, or
combinations thereof to carry out a project or projects for
demonstration of plug-in hybrid electric vehicles.
(2) Applications.--
(A) Requirements.--The Secretary shall issue requirements
for applying for grants under the demonstration pilot
program. The Secretary shall require that applications, at a
minimum, include a description of how data will be--
(i) collected on the--
(I) performance of the vehicle or vehicles and the
components, including the battery, energy management, and
charging systems, under various driving speeds, trip ranges,
traffic, and other driving conditions;
(II) costs of the vehicle or vehicles, including
acquisition, operating, and maintenance costs, and how the
project or projects will be self-sustaining after Federal
assistance is completed; and
(III) emissions of the vehicle or vehicles, including
greenhouse gases, and the amount of petroleum displaced as a
result of the project or projects; and
(ii) summarized for dissemination to the Department, other
grantees, and the public.
(B) Partners.--An applicant under subparagraph (A) may
carry out a project or projects under the pilot program in
partnership with one or more private entities.
(3) Selection criteria.--
(A) Preference.--When making awards under this subsection,
the Secretary shall consider each applicant's previous
experience involving plug-in hybrid electric vehicles and
shall give preference to proposals that--
(i) provide the greatest demonstration per award dollar,
with preference increasing as the number of miles that a
plug-in hybrid electric vehicle can operate solely on
electric power under city driving conditions increases; and
(ii) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project or
projects and the greatest likelihood that each project
proposed in the application will be maintained or expanded
after Federal assistance under this subsection is completed.
(B) Breadth of demonstrations.--In awarding grants under
this subsection, the Secretary shall ensure the program will
demonstrate plug-in hybrid electric vehicles under various
circumstances, including--
(i) driving speeds;
(ii) trip ranges;
(iii) driving conditions;
(iv) climate conditions; and
(v) topography,
to optimize understanding and function of plug-in hybrid
electric vehicles.
(4) Pilot project requirements.--
(A) Subsequent funding.--An applicant that has received a
grant in one year may apply for additional funds in
subsequent years, but the Secretary shall not provide more
than $10,000,000 in Federal assistance under the pilot
program to any applicant for the period encompassing fiscal
years 2008 through fiscal year 2012.
(B) Information.--The Secretary shall establish mechanisms
to ensure that the information and knowledge gained by
participants in the pilot program are shared among the pilot
program participants and are available to other interested
parties, including other applicants.
(5) Award amounts.--The Secretary shall determine grant
amounts, but the maximum size of grants shall decline as the
cost of producing plug-in hybrid electric vehicles declines
or the cost of converting a hybrid electric vehicle to a
plug-in hybrid electric vehicle declines.
(d) Cost Sharing.--The Secretary shall carry out the
program under this section in compliance with section 988(a)
through (d) and section 989 of the Energy Policy Act of 2005
(42 U.S.C. 16352(a) through (d) and 16353).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary--
(1) for carrying out subsection (b), $250,000,000 for each
of fiscal years 2008 through 2012, of which up to $50,000,000
may be used for the program described in paragraph (5) of
that subsection; and
(2) for carrying out subsection (c), $50,000,000 for each
of fiscal years 2008 through 2012.
Subtitle H--H-PRIZE
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``H-Prize Act of 2007''.
SEC. 2702. DEFINITIONS.
In this subtitle:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters
into an agreement under section 2703(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
[[Page H9907]]
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 2703. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes in conformity with this
subtitle to advance the research, development, demonstration,
and commercial application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions 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).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition 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, subject to the provisions
of this subtitle. The duties of the administering entity
under the agreement shall include--
(1) advertising prize competitions and their results;
(2) 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 section;
(3) developing, in consultation with and subject to the
final approval of the Secretary, the criteria for selecting
winners in prize competitions, based on goals provided by the
Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount and funding sources for each prize to be
awarded, subject to the final approval of the Secretary with
respect to Federal funding;
(5) providing advice and consultation to the Secretary on
the selection of judges in accordance with section 2704(d),
using criteria developed in consultation with and subject to
the final approval of the Secretary; and
(6) protecting against the 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 subtitle may be withheld from
public disclosure.
(d) Funding Sources.--Prizes under this subtitle shall
consist of Federal appropriated funds and any funds provided
by the administering entity (including funds raised pursuant
to subsection (c)(2)) 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. 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 subsection (b)(2) 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 subsection (b)(2)
if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) 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 subtitle shall terminate on September 30, 2018.
SEC. 2704. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in technologies, components, or systems
related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) 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
(3) 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.--
(1) Advancements.--To the extent permitted under section
2703(e), the prizes authorized under subsection (a)(1) shall
be awarded biennially to the most significant advance made in
each of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission
deadline of the previous prize competition in the same
category under subsection (a)(1) or the date of enactment of
this Act, 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 subsection (a)(1), the Secretary may
omit one or more subcategories, reduce the amount of the
prizes, or not hold a prize competition.
(2) Prototypes.--To the extent permitted under section
2703(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). 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 subsection (c) for a
competition under this paragraph, the Secretary shall not
award a prize.
(3) Transformational technologies.--To the extent permitted
under section 2703(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph 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 section
2703(b)(2). The Secretary shall award a prize under this
paragraph only when a registered participant has met the
objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 2703(b)(2).
Not more than $10,000,000 in Federal funds may be used for
the prize award under this paragraph. The administering
entity shall seek to raise $40,000,000 toward the matching
award under this paragraph.
(c) Criteria.--In establishing the criteria required by
this subtitle, the Secretary--
(1) shall consult with the Department's Hydrogen Technical
and Fuel Cell Advisory Committee;
(2) shall consult with other Federal agencies, including
the National Science Foundation; and
(3) 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, 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 subsection (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--
(1) 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
(2) 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.
SEC. 2705. ELIGIBILITY.
To be eligible to win a prize under this subtitle, an
individual or entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 2703(b)(2);
(2) 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
(3) 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.
SEC. 2706. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or
awarding a prize under this subtitle, 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 subtitle.
This section 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 subtitle.
SEC. 2707. 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'
[[Page H9908]]
participation in a competition under this subtitle. The
Secretary shall give notice of any waiver required under this
subsection in the notice required by section 2703(b)(2). 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.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate
financial responsibility, in amounts determined by the
Secretary, for claims by--
(A) 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
subtitle; and
(B) the Federal Government for damage or loss to Government
property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph
(1)(A), 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.
SEC. 2708. REPORT TO CONGRESS.
Not later than 60 days after the awarding of the first
prize under this subtitle, and annually thereafter, the
Secretary shall transmit to the Congress a report that--
(1) identifies each award recipient;
(2) describes the technologies developed by each award
recipient; and
(3) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this subtitle.
SEC. 2709. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2008
through 2017 for carrying out this subtitle--
(A) $20,000,000 for awards described in section 2704(a)(1);
(B) $20,000,000 for awards described in section 2704(a)(2);
and
(C) $10,000,000 for the award described in section
2704(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), 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
subtitle.
(b) Carryover of Funds.--Funds appropriated for prize
awards under this subtitle 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 subtitle
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).
SEC. 2710. NONSUBSTITUTION.
The programs created under this subtitle shall not be
considered a substitute for Federal research and development
programs.
Subtitle I--Coal Gasification for Ethanol Production
SEC. 2801. SHORT TITLE.
This subtitle may be cited as the ``America's Domestic
Fuels Act''.
SEC. 2802. FINDINGS.
The Congress finds the following:
(1) Currently, the bulk of energy used in the production of
ethanol comes from natural gas. While coal is used for this
purpose, advanced coal gasification technologies would
increase the use of coal and reduce air emissions.
(2) In coal gasification-based systems, pollutant-forming
impurities can be separated from the gaseous stream before
combustion. As much as 99 percent of sulfur and other
pollutants can be removed and processed into commercial
products. Ethanol plants using coal gasification technology
offer many benefits.
(3) Coal potentially is an economically desirable
alternative to natural gas as the fuel in ethanol production
facilities. The Energy Information Administration projects
that in 2025 the industrial cost of natural gas will be $5.99
per million Btu but coal will only be $1.86 per million Btu.
(4) Coal is our most price-consistent fossil fuel. Natural
gas is our most price-volatile and unpredictable fuel. In
2005 alone, natural gas ranged from $5.75 to over $15.00 per
million Btu. Coal therefore has the potential to allow
ethanol plants to better manage their costs.
(5) Coal is a domestic fuel with substantial reserves and
growing production. The United States has a vast supply of
domestic coal resources to meet soaring energy needs.
(6) Utilizing coal as a major fuel source for ethanol
production could eliminate the need to import natural gas for
the process.
(7) Using domestic coal to produce ethanol has the
potential to create jobs, spur new businesses, and generate
tax revenues for local communities.
(8) The United States has ambitious plans to rapidly grow
ethanol production, but the scale of this growth will depend
upon the availability of an economical fuel source. Events
over the past few years have demonstrated that we do not want
to be overly dependent on any one fuel source. Thus,
dependency on natural gas for ethanol production is
undesirable. Diversifying the fuel source used for ethanol
production by increasing the number of ethanol plants that
are coal fueled reduces risk.
SEC. 2803. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Grant Program.--The Secretary of Energy shall provide
grants to States for the conduct of the research needed to
expedite the use of coal gasification as an energy source in
ethanol production. Such research assistance shall be
provided--
(1) to develop the knowledge base that will be needed to
expediently permit coal gasification fueled ethanol plants;
(2) to aid ethanol producers in the evaluation and
inclusion of coal gasification technologies in existing or
new ethanol plants;
(3) to understand how to reduce the capital costs of coal
gasification as an energy source in ethanol production,
including making use of byproducts from agricultural
practice, and biomass material or blends, in the processing
of ethanol; and
(4) to understand the applicability of carbon dioxide
capture and sequestration technologies, including adsorption
and absorption techniques and chemical processes, to coal
gasification as an energy source in ethanol production.
(b) Demonstration Project.--At least 1 pilot project
receiving assistance under this section shall be fueled by
coal gasification and located in an area with high sulfur
bituminous coal reserves.
(c) Research and Development Authorization of
Appropriations.--There are authorized to be appropriated to
the Secretary of Energy for carrying out research and
development activities under this section $5,000,000 for
fiscal year 2008.
(d) Demonstration Project Authorization of
Appropriations.--There are authorized to be appropriated to
the Secretary of Energy for carrying out demonstration
activities under this section $20,000,000 for fiscal year
2008.
TITLE III--TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Federal-Aid Highways
SEC. 3001. ELIGIBILITY FOR CONGESTION RELIEF PROJECTS.
Section 149(b) of title 23, United States Code, is amended
in the matter following paragraph (7) by inserting after
``travel times'' the following: ``or the Secretary determines
that the project is likely to contribute to reductions in
fuel consumption or the attainment of a national ambient air
quality standard''.
SEC. 3002. REPEAL.
Section 1948 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users is repealed.
Subtitle B--Other Matters
SEC. 3011. IMPROVING HYDROPOWER CAPABILITIES.
(a) Study.--The Secretary of the Army shall conduct a study
on the potential for reduced fossil fuel consumption through
an increase in hydropower capabilities of the Corps of
Engineers.
(b) Contents.--The study shall include the following:
(1) An inventory of all lands, properties, and projects
under the jurisdiction of the Corps of Engineers that have
the potential of increasing hydroelectric or other
alternative power generation capability, including the
ecological impacts of increasing such capability.
(2) A description of the potential effects of removing
Federal hydroelectric power facilities under the jurisdiction
of the Corps of Engineers, including--
(A) the impacts on domestic energy costs to consumers;
(B) the need to import more energy to compensate for lost
production from such hydroelectric power facilities;
(C) the types of fossil-fuel based or other energy sources
that are likely to be utilized to compensate for the lost
energy associated with the removal of hydroelectric power
facilities; and
(D) any impacts on existing or future agricultural
production of biofuels or other alternative energy sources as
a result of the loss of water to the Nation's agricultural
sector.
(3) A description of the potential effects of constructing
additional Federal hydroelectric power facilities under the
jurisdiction of the Corps of Engineers.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report containing the results of the study conducted under
this section.
SEC. 3012. PERMIT STREAMLINING FOR HAZARDOUS LIQUID AND
BIOFUEL PIPELINES.
(a) Chief Environmental Permit Officer.--Section 60133(e)
of title 49, United States Code, is amended to read as
follows:
``(e) Chief Environmental Permit Officer.--The Secretary
shall designate a chief environmental permit officer to
assist resolving disagreements between Federal, State, and
local agencies and pipeline operators arising during agency
review of pipeline repairs and hazardous liquid and biofuel
pipeline construction projects in order to expedite pipeline
projects, consistent with protection of human health, public
safety, and the environment.''.
(b) State and Local Permitting Processes.--Section 60133(f)
of such title is
[[Page H9909]]
amended by striking the first sentence and inserting the
following: ``The Secretary shall encourage States and local
governments to consolidate their respective permitting
processes for pipeline repair and hazardous liquid and
biofuel pipeline construction projects subject to any time
periods for repairs specified by rule by the Secretary.''.
(c) Construction and Expansion of Pipelines.--Section 60133
of such title is further amended by adding at the end the
following new subsection:
``(g) Construction and Expansion of Pipelines.--Upon
request by any person proposing to construct or expand a
hazardous liquid pipeline, including pipelines to transport
biofuels such as ethanol, the Secretary may coordinate the
environmental reviews and permitting processes of the
agencies having responsibility for issuing permits or
otherwise authorizing pipeline construction projects if the
Secretary determines that coordinating the permitting
processes to expedite the completion of the project would be
in the national interest.''.
(d) Pipeline Repairs.--Section 60133 of such title (as
amended by this subsection (c) of this section) is further
amended by adding at the end the following:
``(h) Presumptive Exclusions.--
``(1) Nepa review.--With respect to any activity described
in paragraph (3), including an activity on non-Federal land,
if the Federal agency having responsibility for conducting
environmental reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) determines that--
``(A) the proposed activity is substantially similar to a
pipeline repair activity for which the Interagency Committee
has developed or adopted best practices under subsection
(a)(3) for determining and reducing or eliminating the
potential for significant impacts to the human environment
under such Act,
``(B) the proposed activity is consistent with these best
practices, and
``(C) in the absence of extraordinary circumstances, the
proposed activity is not likely to individually or
cumulatively result in significant impacts on the human
environment,
then a Federal agency having responsibility for conducting
environmental reviews under such Act or coordinating the
permitting process, in consultation with the Council on
Environmental Quality, may adopt categorical exclusions for
those activities. Actions by those agencies regarding
pipeline repair permits shall be subject to a rebuttable
presumption that the use of a categorical exclusion will
apply.
``(2) ESA review.--With respect to any activity described
in paragraph (3), including an activity on non-Federal land,
if the Secretary of Interior or the Secretary of Commerce--
``(A) determines that the proposed activity is
substantially similar to a pipeline repair activity for which
the Interagency Committee has developed or adopted best
practices under subsection (a)(3) for determining and
reducing or eliminating impacts to listed species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
``(B) concludes that if these best practices are followed,
the activity is not likely to jeopardize the continued
existence of any listed species or adversely modify the
habitat of such species, and
``(C) concludes that the repair activity would not conflict
with any existing biological opinion or any agreement made
under such Act relating to the geographic area where the
proposed activity will occur,
then action by the Secretary of the Interior or the Secretary
of Commerce regarding pipeline repair permits shall be
subject to a rebuttable presumption that the biological
assessment and consultation requirements of such Act have
been satisfied.
``(3) Activities described.--The activities referred to in
paragraphs (1) and (2) are the following:
``(A) Site repairs required to ensure the integrity of an
existing pipeline facility performed entirely within an
existing right-of-way corridor that do not change the
physical character of the facility and where the facility was
constructed in accordance with the environmental reviews and
authorizations, if any, required by Federal law.
``(B) Functional replacement of pipeline equipment
performed entirely within an existing right-of-way corridor
that does not change the physical character of the facility
and where the facility was constructed in accordance with the
environmental reviews and authorizations, if any, required by
Federal law.''.
SEC. 3013. REDUCTION IN THE EMISSION OF GASES THAT MAY CAUSE
CLIMATE CHANGE.
(a) Environmental Review Criteria.--Section 6(a) of the
Deepwater Port Act (33 U.S.C. 1505(a)) is amended--
(1) in paragraph (6) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) in the case of a deepwater port at which natural gas
will be delivered, the effect of the additional natural gas
supply provided by that port on reducing the emission of
gases that contribute to climate change; and''.
(b) Ports Deemed in National Interest.--The Deepwater Port
Act (33 U.S.C. 1501 et seq.) is amended by adding at the end
the following:
``SEC. 25. PORTS DEEMED IN NATIONAL INTEREST.
``A deepwater port at which natural gas will be delivered
is deemed to be in the national interest for purposes of
section 4(c)(3) if the natural gas will be used in areas
where its use will reduce the emissions of gases that
contribute to climate change.''.
TITLE IV--AMERICAN-MADE ENERGY AND GOOD JOBS ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the ``American-Made Energy and
Good Jobs Act''.
SEC. 4002. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means that
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Secretary.--The term ``Secretary'', except as otherwise
provided, means the Secretary of the Interior or the
Secretary's designee.
SEC. 4003. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL
PLAIN.
(a) In General.--The Secretary shall take such actions as
are necessary--
(1) to establish and implement, in accordance with this
title and acting through the Director of the Bureau of Land
Management in consultation with the Director of the United
States Fish and Wildlife Service, a competitive oil and gas
leasing program that will result in an environmentally sound
program for the exploration, development, and production of
the oil and gas resources of the Coastal Plain; and
(2) to administer the provisions of this title through
regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, and other provisions that ensure
the oil and gas exploration, development, and production
activities on the Coastal Plain will result in no significant
adverse effect on fish and wildlife, their habitat,
subsistence resources, and the environment, including, in
furtherance of this goal, by requiring the application of the
best commercially available technology for oil and gas
exploration, development, and production to all exploration,
development, and production operations under this title in a
manner that ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents in section
1 of such Act is amended by striking the item relating to
section 1003.
(c) Compliance With Requirements Under Certain Other
Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.), the oil and gas leasing program and activities
authorized by this section in the Coastal Plain are deemed to
be compatible with the purposes for which the Arctic National
Wildlife Refuge was established, and no further findings or
decisions are required to implement this determination.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The ``Final
Legislative Environmental Impact Statement'' (April 1987) on
the Coastal Plain prepared pursuant to section 1002 of the
Alaska National Interest Lands Conservation Act of 1980 (16
U.S.C. 3142) and section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is
deemed to satisfy the requirements under the National
Environmental Policy Act of 1969 that apply with respect to
prelease activities, including actions authorized to be taken
by the Secretary to develop and promulgate the regulations
for the establishment of a leasing program authorized by this
title before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--Before
conducting the first lease sale under this title, the
Secretary shall prepare an environmental impact statement
under the National Environmental Policy Act of 1969 with
respect to the actions authorized by this title that are not
referred to in paragraph (2). Notwithstanding any other law,
the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of such courses of action. The Secretary shall only
identify a preferred action for such leasing and a single
leasing alternative, and analyze the environmental effects
and potential mitigation measures for those two alternatives.
The identification of the preferred action and related
analysis for the first lease sale under this title shall be
completed within 18 months after the date of enactment of
this Act. The Secretary shall only consider public comments
that specifically address the Secretary's preferred action
and that are filed within 20 days after publication of an
environmental analysis. Notwithstanding any other law,
compliance with this paragraph is deemed to satisfy all
requirements for the analysis and consideration of the
environmental effects of proposed leasing under this title.
(d) Relationship to State and Local Authority.--Nothing in
this title shall be considered to expand or limit State and
local regulatory authority.
(e) Special Areas.--
(1) In general.--The Secretary, after consultation with the
State of Alaska, the city of Kaktovik, and the North Slope
Borough, may designate up to a total of 45,000 acres of the
Coastal Plain as a Special Area if the
[[Page H9910]]
Secretary determines that the Special Area is of such unique
character and interest so as to require special management
and regulatory protection. The Secretary shall designate as
such a Special Area the Sadlerochit Spring area, comprising
approximately 4,000 acres.
(2) Management.--Each such Special Area shall be managed so
as to protect and preserve the area's unique and diverse
character including its fish, wildlife, and subsistence
resource values.
(3) Exclusion from leasing or surface occupancy.--The
Secretary may exclude any Special Area from leasing. If the
Secretary leases a Special Area, or any part thereof, for
purposes of oil and gas exploration, development, production,
and related activities, there shall be no surface occupancy
of the lands comprising the Special Area.
(4) Directional drilling.--Notwithstanding the other
provisions of this subsection, the Secretary may lease all or
a portion of a Special Area under terms that permit the use
of horizontal drilling technology from sites on leases
located outside the Special Area.
(f) Limitation on Closed Areas.--The Secretary's sole
authority to close lands within the Coastal Plain to oil and
gas leasing and to exploration, development, and production
is that set forth in this title.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe such
regulations as may be necessary to carry out this title,
including rules and regulations relating to protection of the
fish and wildlife, their habitat, subsistence resources, and
environment of the Coastal Plain, by no later than 15 months
after the date of enactment of this Act.
(2) Revision of regulations.--The Secretary shall
periodically review and, if appropriate, revise the rules and
regulations issued under subsection (a) to reflect any
significant biological, environmental, or engineering data
that come to the Secretary's attention.
SEC. 4004. LEASE SALES.
(a) In General.--Lands may be leased pursuant to this title
to any person qualified to obtain a lease for deposits of oil
and gas under the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(b) Procedures.--The Secretary shall, by regulation,
establish procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in, or exclusion (as
provided in subsection (c)) from, a lease sale;
(2) the holding of lease sales after such nomination
process; and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this title
shall be by sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--In the first lease sale
under this title, the Secretary shall offer for lease those
tracts the Secretary considers to have the greatest potential
for the discovery of hydrocarbons, taking into consideration
nominations received pursuant to subsection (b)(1), but in no
case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) conduct the first lease sale under this title within 22
months after the date of the enactment of this Act; and
(2) conduct additional sales so long as sufficient interest
in development exists to warrant, in the Secretary's
judgment, the conduct of such sales.
SEC. 4005. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--The Secretary may grant to the highest
responsible qualified bidder in a lease sale conducted
pursuant to section 4004 any lands to be leased on the
Coastal Plain upon payment by the lessee of such bonus as may
be accepted by the Secretary.
(b) Subsequent Transfers.--No lease issued under this title
may be sold, exchanged, assigned, sublet, or otherwise
transferred except with the approval of the Secretary. Prior
to any such approval the Secretary shall consult with, and
give due consideration to the views of, the Attorney General.
SEC. 4006. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to
this title shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent in amount or value of the production removed
or sold from the lease, as determined by the Secretary under
the regulations applicable to other Federal oil and gas
leases;
(2) provide that the Secretary may close, on a seasonal
basis, portions of the Coastal Plain to exploratory drilling
activities as necessary to protect caribou calving areas and
other species of fish and wildlife;
(3) require that the lessee of lands within the Coastal
Plain shall be fully responsible and liable for the
reclamation of lands within the Coastal Plain and any other
Federal lands that are adversely affected in connection with
exploration, development, production, or transportation
activities conducted under the lease and within the Coastal
Plain by the lessee or by any of the subcontractors or agents
of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability to another person without the express written
approval of the Secretary;
(5) provide that the standard of reclamation for lands
required to be reclaimed under this title shall be, as nearly
as practicable, a condition capable of supporting the uses
which the lands were capable of supporting prior to any
exploration, development, or production activities, or upon
application by the lessee, to a higher or better use as
approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, their habitat, subsistence resources, and
the environment as required pursuant to section 4003(a)(2);
(7) provide that the lessee, its agents, and its
contractors use best efforts to provide a fair share, as
determined by the level of obligation previously agreed to in
the 1974 agreement implementing section 29 of the Federal
Agreement and Grant of Right of Way for the Operation of the
Trans-Alaska Pipeline, of employment and contracting for
Alaska Natives and Alaska Native Corporations from throughout
the State;
(8) prohibit the export of oil produced under the lease;
and
(9) contain such other provisions as the Secretary
determines necessary to ensure compliance with the provisions
of this title and the regulations issued under this title.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this title and in recognizing
the Government's proprietary interest in labor stability and
in the ability of construction labor and management to meet
the particular needs and conditions of projects to be
developed under the leases issued pursuant to this title and
the special concerns of the parties to such leases, shall
require that the lessee and its agents and contractors
negotiate to obtain a project labor agreement for the
employment of laborers and mechanics on production,
maintenance, and construction under the lease.
SEC. 4007. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard to Govern
Authorized Coastal Plain Activities.--The Secretary shall,
consistent with the requirements of section 4003, administer
the provisions of this title through regulations, lease
terms, conditions, restrictions, prohibitions, stipulations,
and other provisions that--
(1) ensure the oil and gas exploration, development, and
production activities on the Coastal Plain will result in no
significant adverse effect on fish and wildlife, their
habitat, and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration,
development, and production on all new exploration,
development, and production operations; and
(3) ensure that the maximum amount of surface acreage
covered by production and support facilities, including
airstrips and any areas covered by gravel berms or piers for
support of pipelines, does not exceed 2,000 acres on the
Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary
shall also require, with respect to any proposed drilling and
related activities, that--
(1) a site-specific analysis be made of the probable
effects, if any, that the drilling or related activities will
have on fish and wildlife, their habitat, subsistence
resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the extent practicable) any significant
adverse effect identified under paragraph (1); and
(3) the development of the plan shall occur after
consultation with the agency or agencies having jurisdiction
over matters mitigated by the plan.
(c) Regulations to Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before
implementing the leasing program authorized by this title,
the Secretary shall prepare and promulgate regulations, lease
terms, conditions, restrictions, prohibitions, stipulations,
and other measures designed to ensure that the activities
undertaken on the Coastal Plain under this title are
conducted in a manner consistent with the purposes and
environmental requirements of this title.
(d) Compliance With Federal and State Environmental Laws
and Other Requirements.--The proposed regulations, lease
terms, conditions, restrictions, prohibitions, and
stipulations for the leasing program under this title shall
require compliance with all applicable provisions of Federal
and State environmental law, and shall also require the
following:
(1) Standards at least as effective as the safety and
environmental mitigation measures set forth in items 1
through 29 at pages 167 through 169 of the ``Final
Legislative Environmental Impact Statement'' (April 1987) on
the Coastal Plain.
(2) Seasonal limitations on exploration, development, and
related activities, where necessary, to avoid significant
adverse effects during periods of concentrated fish and
wildlife breeding, denning, nesting, spawning, and migration.
(3) That exploration activities, except for surface
geological studies, be limited to the period between
approximately November 1 and May 1 each year and that
exploration activities shall be supported, if necessary, by
ice roads, winter trails with adequate snow cover, ice pads,
ice airstrips, and air transport methods, except that such
exploration activities may occur at other times if the
Secretary finds that such exploration will have no
significant adverse effect on the fish
[[Page H9911]]
and wildlife, their habitat, and the environment of the
Coastal Plain.
(4) Design safety and construction standards for all
pipelines and any access and service roads, that--
(A) minimize, to the maximum extent possible, adverse
effects upon the passage of migratory species such as
caribou; and
(B) minimize adverse effects upon the flow of surface water
by requiring the use of culverts, bridges, and other
structural devices.
(5) Prohibitions on general public access and use on all
pipeline access and service roads.
(6) Stringent reclamation and rehabilitation requirements,
consistent with the standards set forth in this title,
requiring the removal from the Coastal Plain of all oil and
gas development and production facilities, structures, and
equipment upon completion of oil and gas production
operations, except that the Secretary may exempt from the
requirements of this paragraph those facilities, structures,
or equipment that the Secretary determines would assist in
the management of the Arctic National Wildlife Refuge and
that are donated to the United States for that purpose.
(7) Appropriate prohibitions or restrictions on access by
all modes of transportation.
(8) Appropriate prohibitions or restrictions on sand and
gravel extraction.
(9) Consolidation of facility siting.
(10) Appropriate prohibitions or restrictions on use of
explosives.
(11) Avoidance, to the extent practicable, of springs,
streams, and river system; the protection of natural surface
drainage patterns, wetlands, and riparian habitats; and the
regulation of methods or techniques for developing or
transporting adequate supplies of water for exploratory
drilling.
(12) Avoidance or minimization of air traffic-related
disturbance to fish and wildlife.
(13) Treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including an annual waste management
report, a hazardous materials tracking system, and a
prohibition on chlorinated solvents, in accordance with
applicable Federal and State environmental law.
(14) Fuel storage and oil spill contingency planning.
(15) Research, monitoring, and reporting requirements.
(16) Field crew environmental briefings.
(17) Avoidance of significant adverse effects upon
subsistence hunting, fishing, and trapping by subsistence
users.
(18) Compliance with applicable air and water quality
standards.
(19) Appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited.
(20) Reasonable stipulations for protection of cultural and
archeological resources.
(21) All other protective environmental stipulations,
restrictions, terms, and conditions deemed necessary by the
Secretary.
(e) Considerations.--In preparing and promulgating
regulations, lease terms, conditions, restrictions,
prohibitions, and stipulations under this section, the
Secretary shall consider the following:
(1) The stipulations and conditions that govern the
National Petroleum Reserve-Alaska leasing program, as set
forth in the 1999 Northeast National Petroleum Reserve-Alaska
Final Integrated Activity Plan/Environmental Impact
Statement.
(2) The environmental protection standards that governed
the initial Coastal Plain seismic exploration program under
parts 37.31 to 37.33 of title 50, Code of Federal
Regulations.
(3) The land use stipulations for exploratory drilling on
the KIC-ASRC private lands that are set forth in Appendix 2
of the August 9, 1983, agreement between Arctic Slope
Regional Corporation and the United States.
(f) Facility Consolidation Planning.--
(1) In general.--The Secretary shall, after providing for
public notice and comment, prepare and update periodically a
plan to govern, guide, and direct the siting and construction
of facilities for the exploration, development, production,
and transportation of Coastal Plain oil and gas resources.
(2) Objectives.--The plan shall have the following
objectives:
(A) Avoiding unnecessary duplication of facilities and
activities.
(B) Encouraging consolidation of common facilities and
activities.
(C) Locating or confining facilities and activities to
areas that will minimize impact on fish and wildlife, their
habitat, and the environment.
(D) Utilizing existing facilities wherever practicable.
(E) Enhancing compatibility between wildlife values and
development activities.
(g) Access to Public Lands.--The Secretary shall--
(1) manage public lands in the Coastal Plain subject to
subsections (a) and (b) of section 811 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public lands in the Coastal Plain for traditional
uses.
SEC. 4008. EXPEDITED JUDICIAL REVIEW.
(a) Filing of Complaint.--
(1) Deadline.--Subject to paragraph (2), any complaint
seeking judicial review of any provision of this title or any
action of the Secretary under this title shall be filed--
(A) except as provided in subparagraph (B), within the 90-
day period beginning on the date of the action being
challenged; or
(B) in the case of a complaint based solely on grounds
arising after such period, within 90 days after the
complainant knew or reasonably should have known of the
grounds for the complaint.
(2) Venue.--Any complaint seeking judicial review of any
provision of this title or any action of the Secretary under
this title may be filed only in the United States Court of
Appeals for the District of Columbia.
(3) Limitation on scope of certain review.--Judicial review
of a Secretarial decision to conduct a lease sale under this
title, including the environmental analysis thereof, shall be
limited to whether the Secretary has complied with the terms
of this title and shall be based upon the administrative
record of that decision. The Secretary's identification of a
preferred course of action to enable leasing to proceed and
the Secretary's analysis of environmental effects under this
title shall be presumed to be correct unless shown otherwise
by clear and convincing evidence to the contrary.
(b) Limitation on Other Review.--Actions of the Secretary
with respect to which review could have been obtained under
this section shall not be subject to judicial review in any
civil or criminal proceeding for enforcement.
SEC. 4009. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of
law, of the amount of adjusted bonus, rental, and royalty
revenues from Federal oil and gas leasing and operations
authorized under this title--
(1) 50 percent shall be paid to the State of Alaska; and
(2) except as provided in section 4012(d), the balance
shall be deposited into the Treasury as miscellaneous
receipts.
(b) Payments to Alaska.--Payments to the State of Alaska
under this section shall be made semiannually.
SEC. 4010. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.
(a) In General.--The Secretary shall issue rights-of-way
and easements across the Coastal Plain for the transportation
of oil and gas--
(1) except as provided in paragraph (2), under section 28
of the Mineral Leasing Act (30 U.S.C. 185), without regard to
title XI of the Alaska National Interest Lands Conservation
Act (30 U.S.C. 3161 et seq.); and
(2) under title XI of the Alaska National Interest Lands
Conservation Act (30 U.S.C. 3161 et seq.), for access
authorized by sections 1110 and 1111 of that Act (16 U.S.C.
3170 and 3171).
(b) Terms and Conditions.--The Secretary shall include in
any right-of-way or easement issued under subsection (a) such
terms and conditions as may be necessary to ensure that
transportation of oil and gas does not result in a
significant adverse effect on the fish and wildlife,
subsistence resources, their habitat, and the environment of
the Coastal Plain, including requirements that facilities be
sited or designed so as to avoid unnecessary duplication of
roads and pipelines.
(c) Regulations.--The Secretary shall include in
regulations under section 4003(g) provisions granting rights-
of-way and easements described in subsection (a) of this
section.
SEC. 4011. CONVEYANCE.
In order to maximize Federal revenues by removing clouds on
title to lands and clarifying land ownership patterns within
the Coastal Plain, the Secretary, notwithstanding the
provisions of section 1302(h)(2) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall
convey--
(1) to the Kaktovik Inupiat Corporation the surface estate
of the lands described in paragraph 1 of Public Land Order
6959, to the extent necessary to fulfill the Corporation's
entitlement under sections 12 and 14 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance
with the terms and conditions of the Agreement between the
Department of the Interior, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation effective January 22, 1993; and
(2) to the Arctic Slope Regional Corporation the remaining
subsurface estate to which it is entitled pursuant to the
August 9, 1983, agreement between the Arctic Slope Regional
Corporation and the United States of America.
SEC. 4012. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE
ASSISTANCE.
(a) Financial Assistance Authorized.--
(1) In general.--The Secretary may use amounts available
from the Coastal Plain Local Government Impact Aid Assistance
Fund established by subsection (d) to provide timely
financial assistance to entities that are eligible under
paragraph (2) and that are directly impacted by the
exploration for or production of oil and gas on the Coastal
Plain under this title.
(2) Eligible entities.--The North Slope Borough, the City
of Kaktovik, and any other borough, municipal subdivision,
village, or other community in the State of Alaska that is
directly impacted by exploration for, or the production of,
oil or gas on the Coastal Plain under this title, as
determined by the Secretary, shall be eligible for financial
assistance under this section.
(b) Use of Assistance.--Financial assistance under this
section may be used only for--
[[Page H9912]]
(1) planning for mitigation of the potential effects of oil
and gas exploration and development on environmental, social,
cultural, recreational, and subsistence values;
(2) implementing mitigation plans and maintaining
mitigation projects;
(3) developing, carrying out, and maintaining projects and
programs that provide new or expanded public facilities and
services to address needs and problems associated with such
effects, including fire-fighting, police, water, waste
treatment, medivac, and medical services; and
(4) establishment of a coordination office, by the north
slope borough, in the city of kaktovik, which shall--
(A) coordinate with and advise developers on local
conditions, impact, and history of the areas utilized for
development; and
(B) provide to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an annual report on the status of
coordination between developers and the communities affected
by development.
(c) Application.--
(1) In general.--Any community that is eligible for
assistance under this section may submit an application for
such assistance to the Secretary, in such form and under such
procedures as the Secretary may prescribe by regulation.
(2) North slope borough communities.--A community located
in the North Slope Borough may apply for assistance under
this section either directly to the Secretary or through the
North Slope Borough
(3) Application assistance.--The Secretary shall work
closely with and assist the North Slope Borough and other
communities eligible for assistance under this section in
developing and submitting applications for assistance under
this section.
(d) Establishment of Fund.--
(1) In general.--There is established in the Treasury the
Coastal Plain Local Government Impact Aid Assistance Fund.
(2) Use.--Amounts in the fund may be used only for
providing financial assistance under this section.
(3) Deposits.--Subject to paragraph (4), there shall be
deposited into the fund amounts received by the United States
as revenues derived from rents, bonuses, and royalties from
Federal leases and lease sales authorized under this title.
(4) Limitation on deposits.--The total amount in the fund
may not exceed $11,000,000.
(5) Investment of balances.--The Secretary of the Treasury
shall invest amounts in the fund in interest bearing
government securities.
(e) Authorization of Appropriations.--To provide financial
assistance under this section there is authorized to be
appropriated to the Secretary from the Coastal Plain Local
Government Impact Aid Assistance Fund $5,000,000 for each
fiscal year.
SEC. 4013. OIL AND GAS LEASING 100 MILES OR MORE FROM THE
COASTLINE.
(a) Leasing and Preleasing Activities.--The Secretary of
the Interior may conduct oil and gas leasing and preleasing
activities for the area of the outer Continental Shelf 100
miles or more seaward from the coastline.
(b) Revocation of Withdrawals.--All withdrawals of
submerged lands of the outer Continental Shelf from leasing
for oil and gas by the President under the authority of
section 12 of the Outer Continental Shelf Lands Act (43
U.S.C. 1341) are hereby revoked and no longer in effect with
respect to the leasing of areas 100 miles or more seaward
from the coastline.
(c) Definitions.--For purposes of this section and the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
the following definitions shall apply:
(1) The term ``miles'' means statute miles.
(2) The term ``coastline'' has the same meaning as the term
``coast line'' as defined in section 2(c) of the Submerged
Lands Act (43 U.S.C. 1301(c).
Mr. BARTON of Texas (during the reading). Mr. Speaker, I ask
unanimous consent that the motion be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. BARTON of Texas. Mr. Speaker, if I wanted to be cute, I would ask
that the motion to recommit be read, which I did a couple of weeks ago
on the SCHIP bill, because it's 340 pages long, but due to time
constraints, I appreciate the unanimous consent request that we
consider it as read.
Mr. DINGELL. Reserving the right to object, you know, I enjoyed the
reading of this so much the first time that I think I'd like to hear it
again.
Mr. BARTON of Texas. Okay. Hey, if you've got the time, I've got the
bill.
Mr. DINGELL. But out of special affection for my dear friend from
Texas, I will not ask that it be read.
Mr. BARTON of Texas. I appreciate the gentleman from Michigan.
This is a real energy bill. There's no gimmicks in it. I'm going to
try to explain as quickly as I can what's in it so that everybody knows
what you're voting on. But it does have ANWR in it, and I know that's
controversial. It has OCS drilling for natural gas outside of 100
miles. It has a coal-to-liquids title in it. It has an alternative fuel
section in it. It has an L&G terminal siting provision in it. It has a
hydrogen research provision in it. It has a hydrogen prize in it. It
would have been the substitute had a substitute been made in order, but
obviously, as we know now, a substitute was not made in order.
So, for Members on both sides of the aisle that want to vote for an
energy bill that actually has energy in it, this is your chance on the
motion to recommit.
It is forthwith. So it would immediately be in play and in this body
and could be voted on for final passage.
So I strongly urge the passage of the motion to recommit.
{time} 1700
I yield to Mr. Peterson of Pennsylvania.
Mr. PETERSON of Pennsylvania. Mr. Speaker, Americans are concerned,
and they should be. We had $79 oil this week, $7 natural gas, the
highest prices in the world, especially for natural gas. Oil prices are
predicted to go to $100 this year with what's going on in the world.
America needs to use its resources. Canada, Great Britain, Norway,
Sweden, Holland, Belgium, Ireland, New Zealand and Australia use their
resources on the Outer Continental Shelf. This bill opens it up from
100 on out. It's the safest place, the least imprint. It's the safest
place to produce energy in the world.
Everybody in the country laughs at us when I talk to them about why
we don't produce there. If we want to have a petrochemical business
left in America, a polymer, plastics, fertilizer, steel, aluminum,
bricks and glass, if we want jobs for our working people, we need
affordable oil. We need affordable natural gas.
We have to stop being 2 percent more dependent every year. Every year
we're gaining 2 percent in dependence on foreign oil. This has to stop.
We need to open up the Outer Continental Shelf.
Mr. BARTON of Texas. I yield to the gentleman from Florida.
Mr. MILLER of Florida. I thank the chairman for yielding some time
just to ask very quickly for your assurance that there is nothing in
this recommittal that affects the statutory change that we made last
year that sets the military mission line in the eastern Gulf of Mexico.
Mr. BARTON of Texas. That is correct.
In the brief time I have, I want to make one correction. I said the
OCS provision was for natural gas drilling outside of 100 miles. I have
been informed it would also include oil. Again, in the interest of
informed consent, it would allow drilling for both natural gas and oil
outside the 100-mile limit.
This is the real energy security bill. It's the energy bill that
actually has a supply package in it. We're consuming more energy. I
know we need to conserve. The current bill before us does have some
conservation measures that are worthy of support. This also has a
supply package that's worthy of support.
Mr. Speaker, I yield back the balance of my time.
Mr. HOYER. Mr. Speaker, I rise in opposition to the motion.
The SPEAKER pro tempore. The gentleman from Maryland is recognized.
Mr. HOYER. Mr. Speaker, I know how concerned you all have been that
you haven't gotten sufficient time to consider legislation that's put
before you. We have had this for 6 or 7 minutes, and, of course, we
have read it page to page. Reading it page to page, we have concluded
that we ought not to support it.
Mr. BARTON of Texas. Would the majority leader yield?
Mr. HOYER. Very briefly.
Mr. BARTON of Texas. We presented this to the Rules Committee as a
substitute.
Mr. HOYER. I understand that. But I just got it, and we just got it
on the desk as to what you were going to add.
Ladies and gentlemen of the House, the distinguished ranking member
has outlined what's in this bill. It is emblematic of the problem we
have seen
[[Page H9913]]
for 12 years where we have ignored conservation, where we have ignored
alternative energy sources, where we have ignored reaching out with the
understanding that petroleum is going to run out from wherever we seek
it and that we therefore need to move in a new direction and adopt a
new policy and to adopt a policy on the future, not on the present,
adopt a policy that looks to our children and grandchildren's future as
well as the future of ourselves.
Ladies and gentlemen, this motion puts together a complete substitute
with three key differences from our bill. It includes refinery
streamlining, provisions that were rejected, rejected in the 2005
Energy Conference Committee, rejected. We were not in charge. That's in
this bill. These provisions override environmental law, reduce public
participation, and do so for no real benefit.
The provisions in the 2005 law have never been used, and the
provisions in this substitute is a solution in search of a problem. The
substitute also includes Arctic refuge drilling, as the gentleman has
made clear.
We repeatedly rejected that proposition. It could have been offered
in a separate amendment. It was not, but it's not hidden in this bill,
and we ought to know that. It does not produce oil for more than a
decade, while conservation has immediate opportunities.
Finally, the substitute also includes alternative fuel standards;
H.R. 3221 does not. We decided to let the committee of jurisdiction
work that matter. It is in the Senate bill. I have said repeatedly over
the months that standard will be in a bill that we send to the
President of the United States.
But the Energy Committee is going to be working on that, the Senate
has worked on that, and we will work our will.
Ladies and gentlemen, this is an extraordinary bill. We said when we
ran for office that we would provide a new direction for energy
independence for America, for security reasons, for security reasons,
for economic reasons, and for environmental reasons. We are meeting our
promise today.
Reject this substitute, which you have not possibly had the time to
read, and enact one of the most far-reaching, new-direction, future-
oriented energy bills that this House will have ever passed. Reject the
substitute. Vote for this bill. Let us move so the American public can
have confidence in a better America.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. BARTON of Texas. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 169,
noes 244, not voting 20, as follows:
[Roll No. 831]
AYES--169
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barton (TX)
Biggert
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Chabot
Cole (OK)
Conaway
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Lincoln
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Edwards
Emerson
English (PA)
Everett
Fallin
Feeney
Flake
Forbes
Fortenberry
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gillmor
Gingrey
Gohmert
Goodlatte
Granger
Graves
Green, Gene
Hall (TX)
Hastings (WA)
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Issa
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Ortiz
Pearce
Pence
Peterson (PA)
Pickering
Pitts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (SC)
Young (AK)
Young (FL)
NOES--244
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Buchanan
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Ehlers
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fossella
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Pelosi
Perlmutter
Peterson (MN)
Petri
Platts
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Reichert
Reyes
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
NOT VOTING--20
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Goode
Hastert
Hayes
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Paul
Saxton
Skelton
Tancredo
Announcement by the Speaker pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain in this vote.
{time} 1724
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. BARTON of Texas. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 241,
noes 172, not voting 20, as follows:
[Roll No. 832]
AYES--241
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
[[Page H9914]]
Boswell
Boucher
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly
Doyle
Ehlers
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Knollenberg
Langevin
Larsen (WA)
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pelosi
Perlmutter
Peterson (MN)
Petri
Platts
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Reichert
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Sires
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
NOES--172
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boustany
Boyd (FL)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Chabot
Cole (OK)
Conaway
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Edwards
Emerson
English (PA)
Everett
Fallin
Feeney
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gingrey
Gohmert
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Issa
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Kuhl (NY)
Lamborn
Lampson
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Pickering
Pitts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tanner
Terry
Thornberry
Tiahrt
Tiberi
Turner
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Young (AK)
Young (FL)
NOT VOTING--20
Clarke
Clay
Coble
Crenshaw
Davis, Jo Ann
Goode
Hastert
Hayes
Hinojosa
Hunter
Jindal
Johnson, Sam
Klein (FL)
Kucinich
LaHood
Lantos
Paul
Saxton
Skelton
Tancredo
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised that
there are 2 minutes remaining in this vote.
{time} 1740
Mr. PORTER changed his vote from ``aye'' to ``no.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________