[Congressional Record Volume 153, Number 194 (Tuesday, December 18, 2007)]
[House]
[Pages H16659-H16752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Mr. DINGELL. Mr. Speaker, pursuant to House Resolution 877 and as the
designee of the majority leader, I call up from the Speaker's table the
bill (H.R. 6) to move the United States toward greater energy
independence and security, to increase the production of clean
renewable fuels, to protect consumers, to increase the efficiency of
products, buildings, and vehicles, to promote research on and deploy
greenhouse gas capture and storage options, and to improve the energy
performance of the Federal Government, and for other purposes, with a
Senate amendment to the House amendment to the Senate amendment
thereto, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment to House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Independence and Security Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Relationship to other law.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy Standards
Sec. 101. Short title.
Sec. 102. Average fuel economy standards for automobiles and certain
other vehicles.
Sec. 103. Definitions.
Sec. 104. Credit trading program.
Sec. 105. Consumer information.
Sec. 106. Continued applicability of existing standards.
Sec. 107. National Academy of Sciences studies.
Sec. 108. National Academy of Sciences study of medium-duty and heavy-
duty truck fuel economy.
Sec. 109. Extension of flexible fuel vehicle credit program.
Sec. 110. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 111. Consumer tire information.
Sec. 112. Use of civil penalties for research and development.
Sec. 113. Exemption from separate calculation requirement.
Subtitle B--Improved Vehicle Technology
Sec. 131. Transportation electrification.
Sec. 132. Domestic manufacturing conversion grant program.
Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 134. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 135. Advanced battery loan guarantee program.
Sec. 136. Advanced technology vehicles manufacturing incentive program.
Subtitle C--Federal Vehicle Fleets
Sec. 141. Federal vehicle fleets.
Sec. 142. Federal fleet conservation requirements.
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
Subtitle A--Renewable Fuel Standard
Sec. 201. Definitions.
Sec. 202. Renewable fuel standard.
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Sec. 203. Study of impact of Renewable Fuel Standard.
Sec. 204. Environmental and resource conservation impacts.
Sec. 205. Biomass based diesel and biodiesel labeling.
Sec. 206. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 207. Grants for production of advanced biofuels.
Sec. 208. Integrated consideration of water quality in determinations
on fuels and fuel additives.
Sec. 209. Anti-backsliding.
Sec. 210. Effective date, savings provision, and transition rules.
Subtitle B--Biofuels Research and Development
Sec. 221. Biodiesel.
Sec. 222. Biogas.
Sec. 223. Grants for biofuel production research and development in
certain States.
Sec. 224. Biorefinery energy efficiency.
Sec. 225. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 226. Study of engine durability and performance associated with
the use of biodiesel.
Sec. 227. Study of optimization of biogas used in natural gas vehicles.
Sec. 228. Algal biomass.
Sec. 229. Biofuels and biorefinery information center.
Sec. 230. Cellulosic ethanol and biofuels research.
Sec. 231. Bioenergy research and development, authorization of
appropriation.
Sec. 232. Environmental research and development.
Sec. 233. Bioenergy research centers.
Sec. 234. University based research and development grant program.
Subtitle C--Biofuels Infrastructure
Sec. 241. Prohibition on franchise agreement restrictions related to
renewable fuel infrastructure.
Sec. 242. Renewable fuel dispenser requirements.
Sec. 243. Ethanol pipeline feasibility study.
Sec. 244. Renewable fuel infrastructure grants.
Sec. 245. Study of the adequacy of transportation of domestically-
produced renewable fuel by railroads and other modes of
transportation.
Sec. 246. Federal fleet fueling centers.
Sec. 247. Standard specifications for biodiesel.
Sec. 248. Biofuels distribution and advanced biofuels infrastructure.
Subtitle D--Environmental Safeguards
Sec. 251. Waiver for fuel or fuel additives.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
Sec. 301. External power supply efficiency standards.
Sec. 302. Updating appliance test procedures.
Sec. 303. Residential boilers.
Sec. 304. Furnace fan standard process.
Sec. 305. Improving schedule for standards updating and clarifying
State authority.
Sec. 306. Regional standards for furnaces, central air conditioners,
and heat pumps.
Sec. 307. Procedure for prescribing new or amended standards.
Sec. 308. Expedited rulemakings.
Sec. 309. Battery chargers.
Sec. 310. Standby mode.
Sec. 311. Energy standards for home appliances.
Sec. 312. Walk-in coolers and walk-in freezers.
Sec. 313. Electric motor efficiency standards.
Sec. 314. Standards for single package vertical air conditioners and
heat pumps.
Sec. 315. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 316. Technical corrections.
Subtitle B--Lighting Energy Efficiency
Sec. 321. Efficient light bulbs.
Sec. 322. Incandescent reflector lamp efficiency standards.
Sec. 323. Public building energy efficient and renewable energy
systems.
Sec. 324. Metal halide lamp fixtures.
Sec. 325. Energy efficiency labeling for consumer electronic products.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
Sec. 401. Definitions.
Subtitle A--Residential Building Efficiency
Sec. 411. Reauthorization of weatherization assistance program.
Sec. 412. Study of renewable energy rebate programs.
Sec. 413. Energy code improvements applicable to manufactured housing.
Subtitle B--High-Performance Commercial Buildings
Sec. 421. Commercial high-performance green buildings.
Sec. 422. Zero Net Energy Commercial Buildings Initiative.
Sec. 423. Public outreach.
Subtitle C--High-Performance Federal Buildings
Sec. 431. Energy reduction goals for Federal buildings.
Sec. 432. Management of energy and water efficiency in Federal
buildings.
Sec. 433. Federal building energy efficiency performance standards.
Sec. 434. Management of Federal building efficiency.
Sec. 435. Leasing.
Sec. 436. High-performance green Federal buildings.
Sec. 437. Federal green building performance.
Sec. 438. Storm water runoff requirements for Federal development
projects.
Sec. 439. Cost-effective technology acceleration program.
Sec. 440. Authorization of appropriations.
Sec. 441. Public building life-cycle costs.
Subtitle D--Industrial Energy Efficiency
Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.
Subtitle E--Healthy High-Performance Schools
Sec. 461. Healthy high-performance schools.
Sec. 462. Study on indoor environmental quality in schools.
Subtitle F--Institutional Entities
Sec. 471. Energy sustainability and efficiency grants and loans for
institutions.
Subtitle G--Public and Assisted Housing
Sec. 481. Application of International Energy Conservation Code to
public and assisted housing.
Subtitle H--General Provisions
Sec. 491. Demonstration project.
Sec. 492. Research and development.
Sec. 493. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 494. Green Building Advisory Committee.
Sec. 495. Advisory Committee on Energy Efficiency Finance.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
Sec. 501. Capitol complex photovoltaic roof feasibility studies.
Sec. 502. Capitol complex E-85 refueling station.
Sec. 503. Energy and environmental measures in Capitol complex master
plan.
Sec. 504. Promoting maximum efficiency in operation of Capitol power
plant.
Sec. 505. Capitol power plant carbon dioxide emissions feasibility
study and demonstration projects.
Subtitle B--Energy Savings Performance Contracting
Sec. 511. Authority to enter into contracts; reports.
Sec. 512. Financing flexibility.
Sec. 513. Promoting long-term energy savings performance contracts and
verifying savings.
Sec. 514. Permanent reauthorization.
Sec. 515. Definition of energy savings.
Sec. 516. Retention of savings.
Sec. 517. Training Federal contracting officers to negotiate energy
efficiency contracts.
Sec. 518. Study of energy and cost savings in nonbuilding applications.
Subtitle C--Energy Efficiency in Federal Agencies
Sec. 521. Installation of photovoltaic system at Department of Energy
headquarters building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.
Subtitle D--Energy Efficiency of Public Institutions
Sec. 531. Reauthorization of State energy programs.
Sec. 532. Utility energy efficiency programs.
Subtitle E--Energy Efficiency and Conservation Block Grants
Sec. 541. Definitions.
Sec. 542. Energy Efficiency and Conservation Block Grant Program.
Sec. 543. Allocation of funds.
Sec. 544. Use of funds.
Sec. 545. Requirements for eligible entities.
Sec. 546. Competitive grants.
Sec. 547. Review and evaluation.
Sec. 548. Funding.
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
Sec. 601. Short title.
Sec. 602. Thermal energy storage research and development program.
Sec. 603. Concentrating solar power commercial application studies.
Sec. 604. Solar energy curriculum development and certification grants.
Sec. 605. Daylighting systems and direct solar light pipe technology.
Sec. 606. Solar Air Conditioning Research and Development Program.
Sec. 607. Photovoltaic demonstration program.
Subtitle B--Geothermal Energy
Sec. 611. Short title.
Sec. 612. Definitions.
Sec. 613. Hydrothermal research and development.
Sec. 614. General geothermal systems research and development.
Sec. 615. Enhanced geothermal systems research and development.
Sec. 616. Geothermal energy production from oil and gas fields and
recovery and production of geopressured gas resources.
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Sec. 617. Cost sharing and proposal evaluation.
Sec. 618. Center for geothermal technology transfer.
Sec. 619. GeoPowering America.
Sec. 620. Educational pilot program.
Sec. 621. Reports.
Sec. 622. Applicability of other laws.
Sec. 623. Authorization of appropriations.
Sec. 624. International geothermal energy development.
Sec. 625. High cost region geothermal energy grant program.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
Sec. 631. Short title.
Sec. 632. Definition.
Sec. 633. Marine and hydrokinetic renewable energy research and
development.
Sec. 634. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.
Subtitle D--Energy Storage for Transportation and Electric Power
Sec. 641. Energy storage competitiveness.
Subtitle E--Miscellaneous Provisions
Sec. 651. Lightweight materials research and development.
Sec. 652. Commercial insulation demonstration program.
Sec. 653. Technical criteria for clean coal power Initiative.
Sec. 654. H-Prize.
Sec. 655. Bright Tomorrow Lighting Prizes.
Sec. 656. Renewable Energy innovation manufacturing partnership.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
Sec. 701. Short title.
Sec. 702. Carbon capture and sequestration research, development, and
demonstration program.
Sec. 703. Carbon capture.
Sec. 704. Review of large-scale programs.
Sec. 705. Geologic sequestration training and research.
Sec. 706. Relation to Safe Drinking Water Act.
Sec. 707. Safety research.
Sec. 708. University based research and development grant program.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
Sec. 711. Carbon dioxide sequestration capacity assessment.
Sec. 712. Assessment of carbon sequestration and methane and nitrous
oxide emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public land.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
Sec. 801. National media campaign.
Sec. 802. Alaska Natural Gas Pipeline administration.
Sec. 803. Renewable energy deployment.
Sec. 804. Coordination of planned refinery outages.
Sec. 805. Assessment of resources.
Sec. 806. Sense of Congress relating to the use of renewable resources
to generate energy.
Sec. 807. Geothermal assessment, exploration information, and priority
activities.
Subtitle B--Prohibitions on Market Manipulation and False Information
Sec. 811. Prohibition on market manipulation.
Sec. 812. Prohibition on false information.
Sec. 813. Enforcement by the Federal Trade Commission.
Sec. 814. Penalties.
Sec. 815. Effect on other laws.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
Sec. 901. Definitions.
Subtitle A--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
Sec. 911. United States assistance for developing countries.
Sec. 912. United States exports and outreach programs for India, China,
and other countries.
Sec. 913. United States trade missions to encourage private sector
trade and investment.
Sec. 914. Actions by Overseas Private Investment Corporation.
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy
technologies and investment in global energy markets.
Sec. 917. United States-Israel energy cooperation.
Subtitle B--International Clean Energy Foundation
Sec. 921. Definitions.
Sec. 922. Establishment and management of Foundation.
Sec. 923. Duties of Foundation.
Sec. 924. Annual report.
Sec. 925. Powers of the Foundation; related provisions.
Sec. 926. General personnel authorities.
Sec. 927. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 931. Energy diplomacy and security within the Department of State.
Sec. 932. National Security Council reorganization.
Sec. 933. Annual national energy security strategy report.
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage
contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.
TITLE X--GREEN JOBS
Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training
program.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
Sec. 1101. Office of Climate Change and Environment.
Subtitle B--Railroads
Sec. 1111. Advanced technology locomotive grant pilot program.
Sec. 1112. Capital grants for class II and class III railroads.
Subtitle C--Marine Transportation
Sec. 1121. Short sea transportation initiative.
Sec. 1122. Short sea shipping eligibility for capital construction
fund.
Sec. 1123. Short sea transportation report.
Subtitle D--Highways
Sec. 1131. Increased Federal share for CMAQ projects.
Sec. 1132. Distribution of rescissions.
Sec. 1133. Sense of Congress regarding use of complete streets design
techniques.
TITLE XII--SMALL BUSINESS ENERGY PROGRAMS
Sec. 1201. Express loans for renewable energy and energy efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy
efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy
efficient technologies and purchases.
Sec. 1205. Energy saving debentures.
Sec. 1206. Investments in energy saving small businesses.
Sec. 1207. Renewable fuel capital investment company.
Sec. 1208. Study and report.
TITLE XIII--SMART GRID
Sec. 1301. Statement of policy on modernization of electricity grid.
Sec. 1302. Smart grid system report.
Sec. 1303. Smart grid advisory committee and smart grid task force.
Sec. 1304. Smart grid technology research, development, and
demonstration.
Sec. 1305. Smart grid interoperability framework.
Sec. 1306. Federal matching fund for smart grid investment costs.
Sec. 1307. State consideration of smart grid.
Sec. 1308. Study of the effect of private wire laws on the development
of combined heat and power facilities.
Sec. 1309. DOE study of security attributes of smart grid systems.
TITLE XIV--POOL AND SPA SAFETY
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Federal swimming pool and spa drain cover standard.
Sec. 1405. State swimming pool safety grant program.
Sec. 1406. Minimum State law requirements.
Sec. 1407. Education program.
Sec. 1408. CPSC report.
TITLE XV--REVENUE PROVISIONS
Sec. 1500. Amendment of 1986 Code.
Sec. 1501. Extension of additional 0.2 percent FUTA surtax.
Sec. 1502. 7-year amortization of geological and geophysical
expenditures for certain major integrated oil companies.
TITLE XVI--EFFECTIVE DATE
Sec. 1601. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an
amendment made by this Act, nothing in this Act or an
amendment made by this Act supersedes, limits the authority
provided or responsibility conferred by, or authorizes any
violation of any provision of law (including a regulation),
including any energy or environmental law or regulation.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy Standards
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Non-Passenger Automobiles.--'' and
inserting ``Prescription of Standards by Regulation.--'';
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(B) by striking ``(except passenger automobiles)'' in
subsection (a); and
(C) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall
prescribe separate average fuel economy standards for--
``(A) passenger automobiles manufactured by manufacturers
in each model year beginning with model year 2011 in
accordance with this subsection;
``(B) non-passenger automobiles manufactured by
manufacturers in each model year beginning with model year
2011 in accordance with this subsection; and
``(C) work trucks and commercial medium-duty or heavy-duty
on-highway vehicles in accordance with subsection (k).
``(2) Fuel economy standards for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe a separate
average fuel economy standard for passenger automobiles and a
separate average fuel economy standard for non-passenger
automobiles for each model year beginning with model year
2011 to achieve a combined fuel economy average for model
year 2020 of at least 35 miles per gallon for the total fleet
of passenger and non-passenger automobiles manufactured for
sale in the United States for that model year.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by each fleet of
passenger and non-passenger automobiles manufactured for sale
in the United States shall be the maximum feasible average
fuel economy standard for each fleet for that model year.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.
``(3) Authority of the secretary.--The Secretary shall--
``(A) prescribe by regulation separate average fuel economy
standards for passenger and non-passenger automobiles based
on 1 or more vehicle attributes related to fuel economy and
express each standard in the form of a mathematical function;
and
``(B) issue regulations under this title prescribing
average fuel economy standards for at least 1, but not more
than 5, model years.
``(4) Minimum standard.--In addition to any standard
prescribed pursuant to paragraph (3), each manufacturer shall
also meet the minimum standard for domestically manufactured
passenger automobiles, which shall be the greater of--
``(A) 27.5 miles per gallon; or
``(B) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and non-domestic
passenger automobile fleets manufactured for sale in the
United States by all manufacturers in the model year, which
projection shall be published in the Federal Register when
the standard for that model year is promulgated in accordance
with this section.''; and
(3) in subsection (c)--
(A) by striking ``(1) Subject to paragraph (2) of this
subsection, the'' and inserting ``The''; and
(B) by striking paragraph (2).
(b) Fuel Economy Standard for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles and Work Trucks.--Section
32902 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles
and Work Trucks.--
``(1) Study.--Not later than 1 year after the National
Academy of Sciences publishes the results of its study under
section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and work trucks
and determine--
``(A) the appropriate test procedures and methodologies for
measuring the fuel efficiency of such vehicles and work
trucks;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle and work
truck fuel efficiency performance, taking into consideration,
among other things, the work performed by such on-highway
vehicles and work trucks and types of operations in which
they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
affect commercial medium- and heavy-duty on-highway vehicle
and work truck fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle and work truck fuel efficiency.
``(2) Rulemaking.--Not later than 24 months after
completion of the study required under paragraph (1), the
Secretary, in consultation with the Secretary of Energy and
the Administrator of the Environmental Protection Agency, by
regulation, shall determine in a rulemaking proceeding how to
implement a commercial medium- and heavy-duty on-highway
vehicle and work truck fuel efficiency improvement program
designed to achieve the maximum feasible improvement, and
shall adopt and implement appropriate test methods,
measurement metrics, fuel economy standards, and compliance
and enforcement protocols that are appropriate, cost-
effective, and technologically feasible for commercial
medium- and heavy-duty on-highway vehicles and work trucks.
The Secretary may prescribe separate standards for different
classes of vehicles under this subsection.
``(3) Lead-time; regulatory stability.--The commercial
medium- and heavy-duty on-highway vehicle and work truck fuel
economy standard adopted pursuant to this subsection shall
provide not less than--
``(A) 4 full model years of regulatory lead-time; and
``(B) 3 full model years of regulatory stability.''.
SEC. 103. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at less than
10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured in different stages by 2 or
more manufacturers, if no intermediate or final-stage
manufacturer of that vehicle manufactures more than 10,000
multi-stage vehicles per year; or
``(C) a work truck.'';
(2) by redesignating paragraphs (7) through (16) as
paragraphs (8) through (17), respectively;
(3) by inserting after paragraph (6) the following:
``(7) `commercial medium- and heavy-duty on-highway
vehicle' means an on-highway vehicle with a gross vehicle
weight rating of 10,000 pounds or more.'';
(4) in paragraph (9)(A), as redesignated, by inserting ``or
a mixture of biodiesel and diesel fuel meeting the standard
established by the American Society for Testing and Materials
or under section 211(u) of the Clean Air Act (42 U.S.C.
7545(u)) for fuel containing 20 percent biodiesel (commonly
known as `B20')'' after ``alternative fuel'';
(5) by redesignating paragraph (17), as redesignated, as
paragraph (18);
(6) by inserting after paragraph (16), as redesignated, the
following:
``(17) `non-passenger automobile' means an automobile that
is not a passenger automobile or a work truck.''; and
(7) by adding at the end the following:
``(19) `work truck' means a vehicle that--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal Regulations,
as in effect on the date of the enactment of the Ten-in-Ten
Fuel Economy Act).''.
SEC. 104. CREDIT TRADING PROGRAM.
(a) In General.--Section 32903 of title 49, United States
Code, is amended--
(1) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (a) through (d)
of section 32902'';
(2) in subsection (a)(2)--
(A) by striking ``3 consecutive model years'' and inserting
``5 consecutive model years'';
(B) by striking ``clause (1) of this subsection,'' and
inserting ``paragraph (1)'';
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:
``(f) Credit Trading Among Manufacturers.--
``(1) In general.--The Secretary of Transportation may
establish, by regulation, a fuel economy credit trading
program to allow manufacturers whose automobiles exceed the
average fuel economy standards prescribed under section 32902
to earn credits to be sold to manufacturers whose automobiles
fail to achieve the prescribed standards such that the total
oil savings associated with manufacturers that exceed the
prescribed standards are preserved when trading credits to
manufacturers that fail to achieve the prescribed standards.
``(2) Limitation.--The trading of credits by a manufacturer
to the category of passenger automobiles manufactured
domestically is limited to the extent that the fuel economy
level of such automobiles shall comply with the requirements
of section 32902(b)(4), without regard to any trading of
credits from other manufacturers.
``(g) Credit Transferring Within a Manufacturer's Fleet.--
``(1) In general.--The Secretary of Transportation shall
establish by regulation a fuel economy credit transferring
program to allow any manufacturer whose automobiles exceed
any of the average fuel economy standards prescribed under
section 32902 to transfer the credits earned under this
section and to apply such credits within that manufacturer's
fleet to a compliance category of automobiles that fails to
achieve the prescribed standards.
``(2) Years for which used.--Credits transferred under this
subsection are available to be used in the same model years
that the manufacturer could have applied such credits under
subsections (a), (b), (d), and (e), as well as for the model
year in which the manufacturer earned such credits.
``(3) Maximum increase.--The maximum increase in any
compliance category attributable to transferred credits is--
``(A) for model years 2011 through 2013, 1.0 mile per
gallon;
``(B) for model years 2014 through 2017, 1.5 miles per
gallon; and
[[Page H16663]]
``(C) for model year 2018 and subsequent model years, 2.0
miles per gallon.
``(4) Limitation.--The transfer of credits by a
manufacturer to the category of passenger automobiles
manufactured domestically is limited to the extent that the
fuel economy level of such automobiles shall comply with the
requirements under section 32904(b)(4), without regard to any
transfer of credits from other categories of automobiles
described in paragraph (6)(B).
``(5) Years available.--A credit may be transferred under
this subsection only if it is earned after model year 2010.
``(6) Definitions.--In this subsection:
``(A) Fleet.--The term `fleet' means all automobiles
manufactured by a manufacturer in a particular model year.
``(B) Compliance category of automobiles.--The term
`compliance category of automobiles' means any of the
following 3 categories of automobiles for which compliance is
separately calculated under this chapter:
``(i) Passenger automobiles manufactured domestically.
``(ii) Passenger automobiles not manufactured domestically.
``(iii) Non-passenger automobiles.''.
(b) Conforming Amendments.--
(1) Limitations.--Section 32902(h) of title 49, United
States Code, is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) may not consider, when prescribing a fuel economy
standard, the trading, transferring, or availability of
credits under section 32903.''.
(2) Separate calculations.--Section 32904(b)(1)(B) is
amended by striking ``chapter.'' and inserting ``chapter,
except for the purposes of section 32903.''.
SEC. 105. CONSUMER INFORMATION.
Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Consumer Information.--
``(1) Program.--The Secretary of Transportation, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall
develop and implement by rule a program to require
manufacturers--
``(A) to label new automobiles sold in the United States
with--
``(i) information reflecting an automobile's performance on
the basis of criteria that the Administrator shall develop,
not later than 18 months after the date of the enactment of
the Ten-in-Ten Fuel Economy Act, to reflect fuel economy and
greenhouse gas and other emissions over the useful life of
the automobile;
``(ii) a rating system that would make it easy for
consumers to compare the fuel economy and greenhouse gas and
other emissions of automobiles at the point of purchase,
including a designation of automobiles--
``(I) with the lowest greenhouse gas emissions over the
useful life of the vehicles; and
``(II) the highest fuel economy; and
``(iii) a permanent and prominent display that an
automobile is capable of operating on an alternative fuel;
and
``(B) to include in the owner's manual for vehicles capable
of operating on alternative fuels information that describes
that capability and the benefits of using alternative fuels,
including the renewable nature and environmental benefits of
using alternative fuels.
``(2) Consumer education.--
``(A) In general.--The Secretary of Transportation, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall
develop and implement by rule a consumer education program to
improve consumer understanding of automobile performance
described in paragraph (1)(A)(i) and to inform consumers of
the benefits of using alternative fuel in automobiles and the
location of stations with alternative fuel capacity.
``(B) Fuel savings education campaign.--The Secretary of
Transportation shall establish a consumer education campaign
on the fuel savings that would be recognized from the
purchase of vehicles equipped with thermal management
technologies, including energy efficient air conditioning
systems and glass.
``(3) Fuel tank labels for alternative fuel automobiles.--
The Secretary of Transportation shall by rule require a label
to be attached to the fuel compartment of vehicles capable of
operating on alternative fuels, with the form of alternative
fuel stated on the label. A label attached in compliance with
the requirements of section 32905(h) is deemed to meet the
requirements of this paragraph.
``(4) Rulemaking deadline.--The Secretary of Transportation
shall issue a final rule under this subsection not later than
42 months after the date of the enactment of the Ten-in-Ten
Fuel Economy Act.''.
SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this subtitle.
(b) Report.--The Academy shall submit the report to the
Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives, with its findings
and recommendations not later than 5 years after the date on
which the Secretary executes the agreement with the Academy.
(c) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY
AND HEAVY-DUTY TRUCK FUEL ECONOMY.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating medium-duty and heavy-duty truck
fuel economy standards, including--
(1) an assessment of technologies and costs to evaluate
fuel economy for medium-duty and heavy-duty trucks;
(2) an analysis of existing and potential technologies that
may be used practically to improve medium-duty and heavy-duty
truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the medium-duty and heavy-duty truck
manufacturing process;
(4) an assessment of how such technologies may be used to
meet fuel economy standards to be prescribed under section
32902(k) of title 49, United States Code, as amended by this
subtitle; and
(5) associated costs and other impacts on the operation of
medium-duty and heavy-duty trucks, including congestion.
(b) Report.--The Academy shall submit the report to the
Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives, with its findings
and recommendations not later than 1 year after the date on
which the Secretary executes the agreement with the Academy.
SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.
(a) In General.--Section 32906 of title 49, United States
Code, is amended to read as follows:
``Sec. 32906. Maximum fuel economy increase for alternative
fuel automobiles
``(a) In General.--For each of model years 1993 through
2019 for each category of automobile (except an electric
automobile), the maximum increase in average fuel economy for
a manufacturer attributable to dual fueled automobiles is--
``(1) 1.2 miles a gallon for each of model years 1993
through 2014;
``(2) 1.0 miles per gallon for model year 2015;
``(3) 0.8 miles per gallon for model year 2016;
``(4) 0.6 miles per gallon for model year 2017;
``(5) 0.4 miles per gallon for model year 2018;
``(6) 0.2 miles per gallon for model year 2019; and
``(7) 0 miles per gallon for model years after 2019.
``(b) Calculation.--In applying subsection (a), the
Administrator of the Environmental Protection Agency shall
determine the increase in a manufacturer's average fuel
economy attributable to dual fueled automobiles by
subtracting from the manufacturer's average fuel economy
calculated under section 32905(e) the number equal to what
the manufacturer's average fuel economy would be if it were
calculated by the formula under section 32904(a)(1) by
including as the denominator for each model of dual fueled
automobiles the fuel economy when the automobiles are
operated on gasoline or diesel fuel.''.
(b) Conforming Amendments.--Section 32905 of title 49,
United States Code, is amended--
(1) in subsection (b), by striking ``1993-2010,'' and
inserting ``1993 through 2019,'';
(2) in subsection (d), by striking ``1993-2010,'' and
inserting ``1993 through 2019,'';
(3) by striking subsections (f) and (g); and
(4) by redesignating subsection (h) as subsection (f).
(c) B20 Biodiesel Flexible Fuel Credit.--Section
32905(b)(2) of title 49, United States Code, is amended to
read as follows:
``(2) .5 divided by the fuel economy--
``(A) measured under subsection (a) when operating the
model on alternative fuel; or
``(B) measured based on the fuel content of B20 when
operating the model on B20, which is deemed to contain 0.15
gallon of fuel.''.
SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce
[[Page H16664]]
of the House of Representatives that describes the results of
the reevaluation process.
SEC. 111. CONSUMER TIRE INFORMATION.
(a) In General.--Chapter 323 of title 49, United States
Code, is amended by inserting after section 32304 the
following:
``Sec. 32304A. Consumer tire information
``(a) Rulemaking.--
``(1) In general.--Not later than 24 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for replacement tires designed for use on motor vehicles to
educate consumers about the effect of tires on automobile
fuel efficiency, safety, and durability.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle replacement tires to assist consumers in making
more educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency, safety, and durability of replacement tires.
``(3) Applicability.--This section shall apply only to
replacement tires covered under section 575.104(c) of title
49, Code of Federal Regulations, in effect on the date of the
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Application With State and Local Laws and
Regulations.--Nothing in this section prohibits a State or
political subdivision thereof from enforcing a law or
regulation on tire fuel efficiency consumer information that
was in effect on January 1, 2006. After a requirement
promulgated under this section is in effect, a State or
political subdivision thereof may adopt or enforce a law or
regulation on tire fuel efficiency consumer information
enacted or promulgated after January 1, 2006, if the
requirements of that law or regulation are identical to the
requirement promulgated under this section. Nothing in this
section shall be construed to preempt a State or political
subdivision thereof from regulating the fuel efficiency of
tires (including establishing testing methods for determining
compliance with such standards) not otherwise preempted under
this chapter.''.
(b) Enforcement.--Section 32308 of title 49, United States
Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d)and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Section 32304A.--Any person who fails to comply with
the national tire fuel efficiency information program under
section 32304A is liable to the United States Government for
a civil penalty of not more than $50,000 for each
violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
323 of title 49, United States Code, is amended by inserting
after the item relating to section 32304 the following:
``32304A. Consumer tire information''.
SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended
by adding at the end the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to support rulemaking under
this chapter; and
``(2) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program to make
grants to manufacturers for retooling, reequipping, or
expanding existing manufacturing facilities in the United
States to produce advanced technology vehicles and
components.''.
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.
(a) Repeal.--Paragraphs (6), (7), and (8) of section
32904(b) of title 49, United States Code, are repealed.
(b) Effect of Repeal on Existing Exemptions.--Any exemption
granted under section 32904(b)(6) of title 49, United States
Code, prior to the date of the enactment of this Act shall
remain in effect subject to its terms through model year
2013.
(c) Accrual and Use of Credits.--Any manufacturer holding
an exemption under section 32904(b)(6) of title 49, United
States Code, prior to the date of the enactment of this Act
may accrue and use credits under sections 32903 and 32905 of
such title beginning with model year 2011.
Subtitle B--Improved Vehicle Technology
SEC. 131. TRANSPORTATION ELECTRIFICATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means an electrochemical
energy storage system powered directly by electrical current.
(3) Electric transportation technology.--The term
``electric transportation technology'' means--
(A) technology used in vehicles that use an electric motor
for all or part of the motive power of the vehicles,
including battery electric, hybrid electric, plug-in hybrid
electric, fuel cell, and plug-in fuel cell vehicles, or rail
transportation; or
(B) equipment relating to transportation or mobile sources
of air pollution that use an electric motor to replace an
internal combustion engine for all or part of the work of the
equipment, including--
(i) corded electric equipment linked to transportation or
mobile sources of air pollution; and
(ii) electrification technologies at airports, ports, truck
stops, and material-handling facilities.
(4) Nonroad vehicle.--The term ``nonroad vehicle'' means a
vehicle--
(A) powered--
(i) by a nonroad engine, as that term is defined in section
216 of the Clean Air Act (42 U.S.C. 7550); or
(ii) fully or partially by an electric motor powered by a
fuel cell, a battery, or an off-board source of electricity;
and
(B) that is not a motor vehicle or a vehicle used solely
for competition.
(5) Plug-in electric drive vehicle.--The term ``plug-in
electric drive vehicle'' means a vehicle that--
(A) draws motive power from a battery with a capacity of at
least 4 kilowatt-hours;
(B) can be recharged from an external source of electricity
for motive power; and
(C) is a light-, medium-, or heavy-duty motor vehicle or
nonroad vehicle (as those terms are defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)).
(6) Qualified electric transportation project.--The term
``qualified electric transportation project'' means an
electric transportation technology project that would
significantly reduce emissions of criteria pollutants,
greenhouse gas emissions, and petroleum, including--
(A) shipside or shoreside electrification for vessels;
(B) truck-stop electrification;
(C) electric truck refrigeration units;
(D) battery powered auxiliary power units for trucks;
(E) electric airport ground support equipment;
(F) electric material and cargo handling equipment;
(G) electric or dual-mode electric rail;
(H) any distribution upgrades needed to supply electricity
to the project; and
(I) any ancillary infrastructure, including panel upgrades,
battery chargers, in-situ transformers, and trenching.
(b) Plug-in Electric Drive Vehicle Program.--
(1) Establishment.--The Secretary shall establish a
competitive program to provide grants on a cost-shared basis
to State governments, local governments, metropolitan
transportation authorities, air pollution control districts,
private or nonprofit entities, or combinations of those
governments, authorities, districts, and entities, to carry
out 1 or more projects to encourage the use of plug-in
electric drive vehicles or other emerging electric vehicle
technologies, as determined by the Secretary.
(2) Administration.--The Secretary shall, in consultation
with the Secretary of Transportation and the Administrator,
establish requirements for applications for grants under this
section, including reporting of data to be summarized for
dissemination to grantees and the public, including safety,
vehicle, and component performance, and vehicle and component
life cycle costs.
(3) Priority.--In making awards under this subsection, the
Secretary shall--
(A) give priority consideration to applications that--
(i) encourage early widespread use of vehicles described in
paragraph (1); and
(ii) are likely to make a significant contribution to the
advancement of the production of the vehicles in the United
States; and
(B) ensure, to the maximum extent practicable, that the
program established under this subsection includes a variety
of applications, manufacturers, and end-uses.
(4) Reporting.--The Secretary shall require a grant
recipient under this subsection to submit to the Secretary,
on an annual basis, data relating to safety, vehicle
performance, life cycle costs, and emissions of vehicles
demonstrated under the grant, including emissions of
greenhouse gases.
(5) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry
[[Page H16665]]
out this subsection $90,000,000 for each of fiscal years 2008
through 2012, of which not less than \1/3\ of the total
amount appropriated shall be available each fiscal year to
make grants to local and municipal governments.
(c) Near-Term Transportation Sector Electrification
Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation and the Administrator, shall
establish a program to provide grants for the conduct of
qualified electric transportation projects.
(2) Priority.--In providing grants under this subsection,
the Secretary shall give priority to large-scale projects and
large-scale aggregators of projects.
(3) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $95,000,000
for each of fiscal years 2008 through 2013.
(d) Education Program.--
(1) In general.--The Secretary shall develop a nationwide
electric drive transportation technology education program
under which the Secretary shall provide--
(A) teaching materials to secondary schools and high
schools; and
(B) assistance for programs relating to electric drive
system and component engineering to institutions of higher
education.
(2) Electric vehicle competition.--The program established
under paragraph (1) shall include a plug-in hybrid electric
vehicle competition for institutions of higher education,
which shall be known as the ``Dr. Andrew Frank Plug-In
Electric Vehicle Competition''.
(3) Engineers.--In carrying out the program established
under paragraph (1), the Secretary shall provide financial
assistance to institutions of higher education to create new,
or support existing, degree programs to ensure the
availability of trained electrical and mechanical engineers
with the skills necessary for the advancement of--
(A) plug-in electric drive vehicles; and
(B) other forms of electric drive transportation technology
vehicles.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062) is amended to read as follows:
``SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary shall establish a program
to encourage domestic production and sales of efficient
hybrid and advanced diesel vehicles and components of those
vehicles.
``(2) Inclusions.--The program shall include grants to
automobile manufacturers and suppliers and hybrid component
manufacturers to encourage domestic production of efficient
hybrid, plug-in electric hybrid, plug-in electric drive, and
advanced diesel vehicles.
``(3) Priority.--Priority shall be given to the
refurbishment or retooling of manufacturing facilities that
have recently ceased operation or will cease operation in the
near future.
``(b) Coordination With State and Local Programs.--The
Secretary may coordinate implementation of this section with
State and local programs designed to accomplish similar
goals, including the retention and retraining of skilled
workers from the manufacturing facilities, including by
establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.''.
SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF
1992.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C.
13258) is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) the following:
``(a) Definitions.--In this section:
``(1) Fuel cell electric vehicle.--The term `fuel cell
electric vehicle' means an on-road or nonroad vehicle that
uses a fuel cell (as defined in section 803 of the Spark M.
Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).
``(2) Hybrid electric vehicle.--The term `hybrid electric
vehicle' means a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of the Internal Revenue Code of
1986).
``(3) Medium- or heavy-duty electric vehicle.--The term
`medium- or heavy-duty electric vehicle' means an electric,
hybrid electric, or plug-in hybrid electric vehicle with a
gross vehicle weight of more than 8,501 pounds.
``(4) Neighborhood electric vehicle.--The term
`neighborhood electric vehicle' means a 4-wheeled on-road or
nonroad vehicle that--
``(A) has a top attainable speed in 1 mile of more than 20
mph and not more than 25 mph on a paved level surface; and
``(B) is propelled by an electric motor and on-board,
rechargeable energy storage system that is rechargeable using
an off-board source of electricity.
``(5) Plug-in electric drive vehicle.--The term `plug-in
electric drive vehicle' means a vehicle that--
``(A) draws motive power from a battery with a capacity of
at least 4 kilowatt-hours;
``(B) can be recharged from an external source of
electricity for motive power; and
``(C) is a light-, medium-, or heavy duty motor vehicle or
nonroad vehicle (as those terms are defined in section 216 of
the Clean Air Act (42 U.S.C. 7550).'';
(3) in subsection (b) (as redesignated by paragraph (1))--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) Allocation.--The Secretary''; and
(B) by adding at the end the following:
``(2) Electric vehicles.--Not later than January 31, 2009,
the Secretary shall--
``(A) allocate credit in an amount to be determined by the
Secretary for--
``(i) acquisition of--
``(I) a hybrid electric vehicle;
``(II) a plug-in electric drive vehicle;
``(III) a fuel cell electric vehicle;
``(IV) a neighborhood electric vehicle; or
``(V) a medium- or heavy-duty electric vehicle; and
``(ii) investment in qualified alternative fuel
infrastructure or nonroad equipment, as determined by the
Secretary; and
``(B) allocate more than 1, but not to exceed 5, credits
for investment in an emerging technology relating to any
vehicle described in subparagraph (A) to encourage--
``(i) a reduction in petroleum demand;
``(ii) technological advancement; and
``(iii) a reduction in vehicle emissions.'';
(4) in subsection (c) (as redesignated by paragraph (1)),
by striking ``subsection (a)'' and inserting ``subsection
(b)''; and
(5) by adding at the end the following:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for each of fiscal years 2008 through
2013.''.
SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General.--Section 712(a)(2) of the Energy Policy Act
of 2005 (42 U.S.C. 16062(a)(2)) (as amended by section 132)
is amended by inserting ``and loan guarantees under section
1703'' after ``grants''.
(b) Conforming Amendment.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by
striking paragraph (8) and inserting the following:
``(8) Production facilities for the manufacture of fuel
efficient vehicles or parts of those vehicles, including
electric drive vehicles and advanced diesel vehicles.''.
SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.
(a) Establishment of Program.--The Secretary shall
establish a program to provide guarantees of loans by private
institutions for the construction of facilities for the
manufacture of advanced vehicle batteries and battery systems
that are developed and produced in the United States,
including advanced lithium ion batteries and hybrid
electrical system and component manufacturers and software
designers.
(b) Requirements.--The Secretary may provide a loan
guarantee under subsection (a) to an applicant if--
(1) without a loan guarantee, credit is not available to
the applicant under reasonable terms or conditions sufficient
to finance the construction of a facility described in
subsection (a);
(2) the prospective earning power of the applicant and the
character and value of the security pledged provide a
reasonable assurance of repayment of the loan to be
guaranteed in accordance with the terms of the loan; and
(3) the loan bears interest at a rate determined by the
Secretary to be reasonable, taking into account the current
average yield on outstanding obligations of the United States
with remaining periods of maturity comparable to the maturity
of the loan.
(c) Criteria.--In selecting recipients of loan guarantees
from among applicants, the Secretary shall give preference to
proposals that--
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest
need for the facility.
(d) Maturity.--A loan guaranteed under subsection (a) shall
have a maturity of not more than 20 years.
(e) Terms and Conditions.--The loan agreement for a loan
guaranteed under subsection (a) shall provide that no
provision of the loan agreement may be amended or waived
without the consent of the Secretary.
(f) Assurance of Repayment.--The Secretary shall require
that an applicant for a loan guarantee under subsection (a)
provide an assurance of repayment in the form of a
performance bond, insurance, collateral, or other means
acceptable to the Secretary in an amount equal to not less
than 20 percent of the amount of the loan.
(g) Guarantee Fee.--The recipient of a loan guarantee under
subsection (a) shall pay the Secretary an amount determined
by the Secretary to be sufficient to cover the administrative
costs of the Secretary relating to the loan guarantee.
(h) Full Faith and Credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
made under this section. Any such guarantee made by the
Secretary shall be conclusive evidence of the eligibility of
the loan for the guarantee with respect to principal and
interest. The validity of the guarantee shall be
incontestable in the hands of a holder of the guaranteed
loan.
(i) Reports.--Until each guaranteed loan under this section
has been repaid in full, the Secretary shall annually submit
to Congress a report on the activities of the Secretary under
this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(k) Termination of Authority.--The authority of the
Secretary to issue a loan guarantee under subsection (a)
terminates on the date that is 10 years after the date of
enactment of this Act.
[[Page H16666]]
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced technology vehicle.--The term ``advanced
technology vehicle'' means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in
regulations issued by the Administrator of the Environmental
Protection Agency under section 202(i) of the Clean Air Act
(42 U.S.C. 7521(i)), or a lower-numbered Bin emission
standard;
(B) any new emission standard in effect for fine
particulate matter prescribed by the Administrator under that
Act (42 U.S.C. 7401 et seq.); and
(C) at least 125 percent of the average base year combined
fuel economy for vehicles with substantially similar
attributes.
(2) Combined fuel economy.--The term ``combined fuel
economy'' means--
(A) the combined city/highway miles per gallon values, as
reported in accordance with section 32904 of title 49, United
States Code; and
(B) in the case of an electric drive vehicle with the
ability to recharge from an off-board source, the reported
mileage, as determined in a manner consistent with the
Society of Automotive Engineers recommended practice for that
configuration or a similar practice recommended by the
Secretary.
(3) Engineering integration costs.--The term ``engineering
integration costs'' includes the cost of engineering tasks
relating to--
(A) incorporating qualifying components into the design of
advanced technology vehicles; and
(B) designing tooling and equipment and developing
manufacturing processes and material suppliers for production
facilities that produce qualifying components or advanced
technology vehicles.
(4) Qualifying components.--The term ``qualifying
components'' means components that the Secretary determines
to be--
(A) designed for advanced technology vehicles; and
(B) installed for the purpose of meeting the performance
requirements of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility.--The
Secretary shall provide facility funding awards under this
section to automobile manufacturers and component suppliers
to pay not more than 30 percent of the cost of--
(1) reequipping, expanding, or establishing a manufacturing
facility in the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States
of qualifying vehicles and qualifying components.
(c) Period of Availability.--An award under subsection (b)
shall apply to--
(1) facilities and equipment placed in service before
December 30, 2020; and
(2) engineering integration costs incurred during the
period beginning on the date of enactment of this Act and
ending on December 30, 2020.
(d) Direct Loan Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and subject to the availability of
appropriated funds, the Secretary shall carry out a program
to provide a total of not more than $25,000,000,000 in loans
to eligible individuals and entities (as determined by the
Secretary) for the costs of activities described in
subsection (b).
(2) Application.--An applicant for a loan under this
subsection shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a written assurance
that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a loan under this
section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States
Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(3) Selection of eligible projects.--The Secretary shall
select eligible projects to receive loans under this
subsection in cases in which, as determined by the Secretary,
the award recipient--
(A) is financially viable without the receipt of additional
Federal funding associated with the proposed project;
(B) will provide sufficient information to the Secretary
for the Secretary to ensure that the qualified investment is
expended efficiently and effectively; and
(C) has met such other criteria as may be established and
published by the Secretary.
(4) Rates, terms, and repayment of loans.--A loan provided
under this subsection--
(A) shall have an interest rate that, as of the date on
which the loan is made, is equal to the cost of funds to the
Department of the Treasury for obligations of comparable
maturity;
(B) shall have a term equal to the lesser of--
(i) the projected life, in years, of the eligible project
to be carried out using funds from the loan, as determined by
the Secretary; and
(ii) 25 years;
(C) may be subject to a deferral in repayment for not more
than 5 years after the date on which the eligible project
carried out using funds from the loan first begins
operations, as determined by the Secretary; and
(D) shall be made by the Federal Financing Bank.
(e) Improvement.--The Secretary shall issue regulations
that require that, in order for an automobile manufacturer to
be eligible for an award or loan under this section during a
particular year, the adjusted average fuel economy of the
manufacturer for light duty vehicles produced by the
manufacturer during the most recent year for which data are
available shall be not less than the average fuel economy for
all light duty vehicles of the manufacturer for model year
2005. In order to determine fuel economy baselines for
eligibility of a new manufacturer or a manufacturer that has
not produced previously produced equivalent vehicles, the
Secretary may substitute industry averages.
(f) Fees.--Administrative costs shall be no more than
$100,000 or 10 basis point of the loan.
(g) Priority.--The Secretary shall, in making awards or
loans to those manufacturers that have existing facilities,
give priority to those facilities that are oldest or have
been in existence for at least 20 years. Such facilities can
currently be sitting idle.
(h) Set Aside for Small Automobile Manufacturers and
Component Suppliers.--
(1) Definition of covered firm.--In this subsection, the
term ``covered firm'' means a firm that--
(A) employs less than 500 individuals; and
(B) manufactures automobiles or components of automobiles.
(2) Set aside.--Of the amount of funds that are used to
provide awards for each fiscal year under subsection (b), the
Secretary shall use not less than 10 percent to provide
awards to covered firms or consortia led by a covered firm.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2012.
Subtitle C--Federal Vehicle Fleets
SEC. 141. FEDERAL VEHICLE FLEETS.
Section 303 of the Energy Policy Act of 1992 (42 U.S.C.
13212) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Vehicle Emission Requirements.--
``(1) Definitions.--In this subsection:
``(A) Federal agency.--The term `Federal agency' does not
include any office of the legislative branch, except that it
does include the House of Representatives with respect to an
acquisition described in paragraph (2)(C).
``(B) Medium duty passenger vehicle.--The term `medium duty
passenger vehicle' has the meaning given that term section
523.2 of title 49 of the Code of Federal Regulations, as in
effect on the date of enactment of this paragraph.
``(C) Member's representational allowance.--The term
`Member's Representational Allowance' means the allowance
described in section 101(a) of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C.
57b(a)).
``(2) Prohibition.--
``(A) In general.--Except as provided in subparagraph (B),
no Federal agency shall acquire a light duty motor vehicle or
medium duty passenger vehicle that is not a low greenhouse
gas emitting vehicle.
``(B) Exception.--The prohibition in subparagraph (A) shall
not apply to acquisition of a vehicle if the head of the
agency certifies in writing, in a separate certification for
each individual vehicle purchased, either--
``(i) that no low greenhouse gas emitting vehicle is
available to meet the functional needs of the agency and
details in writing the functional needs that could not be met
with a low greenhouse gas emitting vehicle; or
``(ii) that the agency has taken specific alternative more
cost-effective measures to reduce petroleum consumption
that--
``(I) have reduced a measured and verified quantity of
greenhouse gas emissions equal to or greater than the
quantity of greenhouse gas reductions that would have been
achieved through acquisition of a low greenhouse gas emitting
vehicle over the lifetime of the vehicle; or
``(II) will reduce each year a measured and verified
quantity of greenhouse gas emissions equal to or greater than
the quantity of greenhouse gas reductions that would have
been achieved each year through acquisition of a low
greenhouse gas emitting vehicle.
``(C) Special rule for vehicles provided by funds contained
in members' representational allowance.--This paragraph shall
apply to the acquisition of a light duty motor vehicle or
medium duty passenger vehicle using any portion of a Member's
Representational Allowance, including an acquisition under a
long-term lease.
``(3) Guidance.--
``(A) In general.--Each year, the Administrator of the
Environmental Protection Agency shall issue guidance
identifying the makes and model numbers of vehicles that are
low greenhouse gas emitting vehicles.
``(B) Consideration.--In identifying vehicles under
subparagraph (A), the Administrator shall take into account
the most stringent standards for vehicle greenhouse gas
emissions applicable to and enforceable against motor vehicle
manufacturers for vehicles sold anywhere in the United
States.
``(C) Requirement.--The Administrator shall not identify
any vehicle as a low greenhouse gas emitting vehicle if the
vehicle emits greenhouse gases at a higher rate than such
standards allow for the manufacturer's fleet average grams
per mile of carbon dioxide-equivalent emissions for that
class of vehicle, taking into account any emissions
allowances and adjustment factors such standards provide.''.
SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS.
Part J of title III of the Energy Policy and Conservation
Act (42 U.S.C. 6374 et seq.) is amended by adding at the end
the following:
[[Page H16667]]
``SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
``(a) Mandatory Reduction in Petroleum Consumption.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall issue
regulations for Federal fleets subject to section 400AA to
require that, beginning in fiscal year 2010, each Federal
agency shall reduce petroleum consumption and increase
alternative fuel consumption each year by an amount necessary
to meet the goals described in paragraph (2).
``(2) Goals.--The goals of the requirements under paragraph
(1) are that not later than October 1, 2015, and for each
year thereafter, each Federal agency shall achieve at least a
20 percent reduction in annual petroleum consumption and a 10
percent increase in annual alternative fuel consumption, as
calculated from the baseline established by the Secretary for
fiscal year 2005.
``(3) Milestones.--The Secretary shall include in the
regulations described in paragraph (1)--
``(A) interim numeric milestones to assess annual agency
progress towards accomplishing the goals described in that
paragraph; and
``(B) a requirement that agencies annually report on
progress towards meeting each of the milestones and the 2015
goals.
``(b) Plan.--
``(1) Requirement.--
``(A) In general.--The regulations under subsection (a)
shall require each Federal agency to develop a plan, and
implement the measures specified in the plan by dates
specified in the plan, to meet the required petroleum
reduction levels and the alternative fuel consumption
increases, including the milestones specified by the
Secretary.
``(B) Inclusions.--The plan shall--
``(i) identify the specific measures the agency will use to
meet the requirements of subsection (a)(2); and
``(ii) quantify the reductions in petroleum consumption or
increases in alternative fuel consumption projected to be
achieved by each measure each year.
``(2) Measures.--The plan may allow an agency to meet the
required petroleum reduction level through--
``(A) the use of alternative fuels;
``(B) the acquisition of vehicles with higher fuel economy,
including hybrid vehicles, neighborhood electric vehicles,
electric vehicles, and plug-in hybrid vehicles if the
vehicles are commercially available;
``(C) the substitution of cars for light trucks;
``(D) an increase in vehicle load factors;
``(E) a decrease in vehicle miles traveled;
``(F) a decrease in fleet size; and
``(G) other measures.''.
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
Subtitle A--Renewable Fuel Standard
SEC. 201. DEFINITIONS.
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o))
is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Additional renewable fuel.--The term `additional
renewable fuel' means fuel that is produced from renewable
biomass and that is used to replace or reduce the quantity of
fossil fuel present in home heating oil or jet fuel.
``(B) Advanced biofuel.--
``(i) In general.--The term `advanced biofuel' means
renewable fuel, other than ethanol derived from corn starch,
that has lifecycle greenhouse gas emissions, as determined by
the Administrator, after notice and opportunity for comment,
that are at least 50 percent less than baseline lifecycle
greenhouse gas emissions.
``(ii) Inclusions.--The types of fuels eligible for
consideration as `advanced biofuel' may include any of the
following:
``(I) Ethanol derived from cellulose, hemicellulose, or
lignin.
``(II) Ethanol derived from sugar or starch (other than
corn starch).
``(III) Ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and
food waste and yard waste.
``(IV) Biomass-based diesel.
``(V) Biogas (including landfill gas and sewage waste
treatment gas) produced through the conversion of organic
matter from renewable biomass.
``(VI) Butanol or other alcohols produced through the
conversion of organic matter from renewable biomass.
``(VII) Other fuel derived from cellulosic biomass.
``(C) Baseline lifecycle greenhouse gas emissions.--The
term `baseline lifecycle greenhouse gas emissions' means the
average lifecycle greenhouse gas emissions, as determined by
the Administrator, after notice and opportunity for comment,
for gasoline or diesel (whichever is being replaced by the
renewable fuel) sold or distributed as transportation fuel in
2005.
``(D) Biomass-based diesel.--The term `biomass-based
diesel' means renewable fuel that is biodiesel as defined in
section 312(f) of the Energy Policy Act of 1992 (42 U.S.C.
13220(f)) and that has lifecycle greenhouse gas emissions, as
determined by the Administrator, after notice and opportunity
for comment, that are at least 50 percent less than the
baseline lifecycle greenhouse gas emissions. Notwithstanding
the preceding sentence, renewable fuel derived from co-
processing biomass with a petroleum feedstock shall be
advanced biofuel if it meets the requirements of subparagraph
(B), but is not biomass-based diesel.
``(E) Cellulosic biofuel.--The term `cellulosic biofuel'
means renewable fuel derived from any cellulose,
hemicellulose, or lignin that is derived from renewable
biomass and that has lifecycle greenhouse gas emissions, as
determined by the Administrator, that are at least 60 percent
less than the baseline lifecycle greenhouse gas emissions.
``(F) Conventional biofuel.--The term `conventional
biofuel' means renewable fuel that is ethanol derived from
corn starch.
``(G) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, sulfur hexafluoride. The Administrator may
include any other anthropogenically-emitted gas that is
determined by the Administrator, after notice and comment, to
contribute to global warming.
``(H) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gas emissions (including direct
emissions and significant indirect emissions such as
significant emissions from land use changes), as determined
by the Administrator, related to the full fuel lifecycle,
including all stages of fuel and feedstock production and
distribution, from feedstock generation or extraction through
the distribution and delivery and use of the finished fuel to
the ultimate consumer, where the mass values for all
greenhouse gases are adjusted to account for their relative
global warming potential.
``(I) Renewable biomass.--The term `renewable biomass'
means each of the following:
``(i) Planted crops and crop residue harvested from
agricultural land cleared or cultivated at any time prior to
the enactment of this sentence that is either actively
managed or fallow, and nonforested.
``(ii) Planted trees and tree residue from actively managed
tree plantations on non-federal land cleared at any time
prior to enactment of this sentence, including land belonging
to an Indian tribe or an Indian individual, that is held in
trust by the United States or subject to a restriction
against alienation imposed by the United States.
``(iii) Animal waste material and animal byproducts.
``(iv) Slash and pre-commercial thinnings that are from
non-federal forestlands, including forestlands belonging to
an Indian tribe or an Indian individual, that are held in
trust by the United States or subject to a restriction
against alienation imposed by the United States, but not
forests or forestlands that are ecological communities with a
global or State ranking of critically imperiled, imperiled,
or rare pursuant to a State Natural Heritage Program, old
growth forest, or late successional forest.
``(v) Biomass obtained from the immediate vicinity of
buildings and other areas regularly occupied by people, or of
public infrastructure, at risk from wildfire.
``(vi) Algae.
``(vii) Separated yard waste or food waste, including
recycled cooking and trap grease.
``(J) Renewable fuel.--The term `renewable fuel' means fuel
that is produced from renewable biomass and that is used to
replace or reduce the quantity of fossil fuel present in a
transportation fuel.
``(K) Small refinery.--The term `small refinery' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.
``(L) Transportation fuel.--The term `transportation fuel'
means fuel for use in motor vehicles, motor vehicle engines,
nonroad vehicles, or nonroad engines (except for ocean-going
vessels).''.
SEC. 202. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program.--Paragraph (2) of section
211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended
as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by adding the following at the end thereof: ``Not later than
1 year after the date of enactment of this sentence, the
Administrator shall revise the regulations under this
paragraph to ensure that transportation fuel sold or
introduced into commerce in the United States (except in
noncontiguous States or territories), on an annual average
basis, contains at least the applicable volume of renewable
fuel, advanced biofuel, cellulosic biofuel, and biomass-based
diesel, determined in accordance with subparagraph (B) and,
in the case of any such renewable fuel produced from new
facilities that commence construction after the date of
enactment of this sentence, achieves at least a 20 percent
reduction in lifecycle greenhouse gas emissions compared to
baseline lifecycle greenhouse gas emissions.''
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volumes.--
``(i) Calendar years after 2005.--
``(I) Renewable fuel.--For the purpose of subparagraph (A),
the applicable volume of renewable fuel for the calendar
years 2006 through 2022 shall be determined in accordance
with the following table:
Applicable volume of renewable fuel
``Calendar year: (in billions of gallons):
2006..............................................................4.0
2007..............................................................4.7
2008..............................................................9.0
2009.............................................................11.1
2010............................................................12.95
2011............................................................13.95
2012.............................................................15.2
2013............................................................16.55
2014............................................................18.15
2015.............................................................20.5
2016............................................................22.25
2017.............................................................24.0
2018.............................................................26.0
2019.............................................................28.0
2020.............................................................30.0
[[Page H16668]]
2021.............................................................33.0
2022.............................................................36.0
``(II) Advanced biofuel.--For the purpose of subparagraph
(A), of the volume of renewable fuel required under subclause
(I), the applicable volume of advanced biofuel for the
calendar years 2009 through 2022 shall be determined in
accordance with the following table:
Applicable volume of advanced biofuel
``Calendar year: (in billions of gallons):
2009..............................................................0.6
2010.............................................................0.95
2011.............................................................1.35
2012..............................................................2.0
2013.............................................................2.75
2014.............................................................3.75
2015..............................................................5.5
2016.............................................................7.25
2017..............................................................9.0
2018.............................................................11.0
2019.............................................................13.0
2020.............................................................15.0
2021.............................................................18.0
2022.............................................................21.0
``(III) Cellulosic biofuel.--For the purpose of
subparagraph (A), of the volume of advanced biofuel required
under subclause (II), the applicable volume of cellulosic
biofuel for the calendar years 2010 through 2022 shall be
determined in accordance with the following table:
Applicable volume of cellulosic biofuel
``Calendar year: (in billions of gallons):
2010..............................................................0.1
2011.............................................................0.25
2012..............................................................0.5
2013..............................................................1.0
2014.............................................................1.75
2015..............................................................3.0
2016.............................................................4.25
2017..............................................................5.5
2018..............................................................7.0
2019..............................................................8.5
2020.............................................................10.5
2021.............................................................13.5
2022.............................................................16.0
``(IV) Biomass-based diesel.--For the purpose of
subparagraph (A), of the volume of advanced biofuel required
under subclause (II), the applicable volume of biomass-based
diesel for the calendar years 2009 through 2012 shall be
determined in accordance with the following table:
Applicable volume of biomass-based diesel
``Calendar year: (in billions of gallons):
2009..............................................................0.5
2010.............................................................0.65
2011.............................................................0.80
2012..............................................................1.0
``(ii) Other calendar years.--For the purposes of
subparagraph (A), the applicable volumes of each fuel
specified in the tables in clause (i) for calendar years
after the calendar years specified in the tables shall be
determined by the Administrator, in coordination with the
Secretary of Energy and the Secretary of Agriculture, based
on a review of the implementation of the program during
calendar years specified in the tables, and an analysis of--
``(I) the impact of the production and use of renewable
fuels on the environment, including on air quality, climate
change, conversion of wet lands, eco-systems, wildlife
habitat, water quality, and water supply;
``(II) the impact of renewable fuels on the energy security
of the United States;
``(III) the expected annual rate of future commercial
production of renewable fuels, including advanced biofuels in
each category (cellulosic biofuel and biomass-based diesel);
``(IV) the impact of renewable fuels on the infrastructure
of the United States, including deliverability of materials,
goods, and products other than renewable fuel, and the
sufficiency of infrastructure to deliver and use renewable
fuel;
``(V) the impact of the use of renewable fuels on the cost
to consumers of transportation fuel and on the cost to
transport goods; and
``(VI) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and
food prices.
The Administrator shall promulgate rules establishing the
applicable volumes under this clause no later than 14 months
before the first year for which such applicable volume will
apply.
``(iii) Applicable volume of advanced biofuel.--For the
purpose of making the determinations in clause (ii), for each
calendar year, the applicable volume of advanced biofuel
shall be at least the same percentage of the applicable
volume of renewable fuel as in calendar year 2022.
``(iv) Applicable volume of cellulosic biofuel.--For the
purpose of making the determinations in clause (ii), for each
calendar year, the applicable volume of cellulosic biofuel
established by the Administrator shall be based on the
assumption that the Administrator will not need to issue a
waiver for such years under paragraph (7)(D).
``(v) Minimum applicable volume of biomass-based diesel.--
For the purpose of making the determinations in clause (ii),
the applicable volume of biomass-based diesel shall not be
less than the applicable volume listed in clause (i)(IV) for
calendar year 2012.''.
(b) Applicable Percentages.--Paragraph (3) of section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended
as follows:
(1) In subparagraph (A), by striking ``2011'' and inserting
``2021''.
(2) In subparagraph (A), by striking ``gasoline'' and
inserting ``transportation fuel, biomass-based diesel, and
cellulosic biofuel''.
(3) In subparagraph (B), by striking ``2012'' and inserting
``2021'' in clause (i).
(4) In subparagraph (B), by striking ``gasoline'' and
inserting ``transportation fuel'' in clause (ii)(II).
(c) Modification of Greenhouse Gas Percentages.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)(4)) is amended to read as follows:
``(4) Modification of greenhouse gas reduction
percentages.--
``(A) In general.--The Administrator may, in the
regulations under the last sentence of paragraph (2)(A)(i),
adjust the 20 percent, 50 percent, and 60 percent reductions
in lifecycle greenhouse gas emissions specified in paragraphs
(2)(A)(i)(relating to renewable fuel), (1)(D) (relating to
biomass-based diesel), (1)(B)(i)(relating to advanced
biofuel), and (1)(E) (relating to cellulosic biofuel) to a
lower percentage. For the 50 and 60 percent reductions, the
Administrator may make such an adjustment only if he
determines that generally such reduction is not commercially
feasible for fuels made using a variety of feedstocks,
technologies, and processes to meet the applicable reduction.
``(B) Amount of adjustment.--In promulgating regulations
under this paragraph, the specified 50 percent reduction in
greenhouse gas emissions from advanced biofuel and in
biomass-based diesel may not be reduced below 40 percent. The
specified 20 percent reduction in greenhouse gas emissions
from renewable fuel may not be reduced below 10 percent, and
the specified 60 percent reduction in greenhouse gas
emissions from cellulosic biofuel may not be reduced below 50
percent.
``(C) Adjusted reduction levels.--An adjustment under this
paragraph to a percent less than the specified 20 percent
greenhouse gas reduction for renewable fuel shall be the
minimum possible adjustment, and the adjusted greenhouse gas
reduction shall be established by the Administrator at the
maximum achievable level, taking cost in consideration, for
natural gas fired corn-based ethanol plants, allowing for the
use of a variety of technologies and processes. An adjustment
in the 50 or 60 percent greenhouse gas levels shall be the
minimum possible adjustment for the fuel or fuels concerned,
and the adjusted greenhouse gas reduction shall be
established at the maximum achievable level, taking cost in
consideration, allowing for the use of a variety of
feedstocks, technologies, and processes.
``(D) 5-year review.--Whenever the Administrator makes any
adjustment under this paragraph, not later than 5 years
thereafter he shall review and revise (based upon the same
criteria and standards as required for the initial
adjustment) the regulations establishing the adjusted level.
``(E) Subsequent adjustments.--After the Administrator has
promulgated a final rule under the last sentence of paragraph
(2)(A)(i) with respect to the method of determining lifecycle
greenhouse gas emissions, except as provided in subparagraph
(D), the Administrator may not adjust the percent greenhouse
gas reduction levels unless he determines that there has been
a significant change in the analytical methodology used for
determining the lifecycle greenhouse gas emissions. If he
makes such determination, he may adjust the 20, 50, or 60
percent reduction levels through rulemaking using the
criteria and standards set forth in this paragraph.
``(F) Limit on upward adjustments.--If, under subparagraph
(D) or (E), the Administrator revises a percent level
adjusted as provided in subparagraph (A), (B), and (C) to a
higher percent, such higher percent may not exceed the
applicable percent specified in paragraph (2)(A)(i),
(1)(D),(1)(B)(i), or (1)(E).
``(G) Applicability of adjustments.--If the Administrator
adjusts, or revises, a percent level referred to in this
paragraph or makes a change in the analytical methodology
used for determining the lifecycle greenhouse gas emissions,
such adjustment, revision, or change (or any combination
thereof) shall only apply to renewable fuel from new
facilities that commence construction after the effective
date of such adjustment, revision, or change.''.
(d) Credits for Additional Renewable Fuel.--Paragraph (5)
of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5))
is amended by adding the following new subparagraph at the
end thereof:
``(E) Credits for additional renewable fuel.--The
Administrator may issue regulations providing (i) for the
generation of an appropriate amount of credits by any person
that refines, blends, or imports additional renewable fuels
specified by the Administrator and (ii) for the use of such
credits by the generator, or the transfer of all or a portion
of the credits to another person, for the purpose of
complying with paragraph (2).''.
(e) Waivers.--
(1) In general.--Paragraph (7)(A) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by
inserting ``, by any person subject to the requirements of
this subsection, or by the Administrator on his own motion''
after ``one or more States'' in subparagraph (A) and by
striking out ``State'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding
the following at the end thereof:
``(D) Cellulosic biofuel.--(i) For any calendar year for
which the projected volume of cellulosic biofuel production
is less than the minimum applicable volume established under
paragraph (2)(B), as determined by the Administrator based on
the estimate provided under
[[Page H16669]]
paragraph (3)(A), not later than November 30 of the preceding
calendar year, the Administrator shall reduce the applicable
volume of cellulosic biofuel required under paragraph (2)(B)
to the projected volume available during that calendar year.
For any calendar year in which the Administrator makes such a
reduction, the Administrator may also reduce the applicable
volume of renewable fuel and advanced biofuels requirement
established under paragraph (2)(B) by the same or a lesser
volume.
``(ii) Whenever the Administrator reduces the minimum
cellulosic biofuel volume under this subparagraph, the
Administrator shall make available for sale cellulosic
biofuel credits at the higher of $0.25 per gallon or the
amount by which $3.00 per gallon exceeds the average
wholesale price of a gallon of gasoline in the United States.
Such amounts shall be adjusted for inflation by the
Administrator for years after 2008.
``(iii) 18 months after date of enactment of this
subparagraph, the Administrator shall promulgate regulations
to govern the issuance of credits under this subparagraph.
The regulations shall set forth the method for determining
the exact price of credits in the event of a waiver. The
price of such credits shall not be changed more frequently
than once each quarter. These regulations shall include such
provisions, including limiting the credits' uses and useful
life, as the Administrator deems appropriate to assist market
liquidity and transparency, to provide appropriate certainty
for regulated entities and renewable fuel producers, and to
limit any potential misuse of cellulosic biofuel credits to
reduce the use of other renewable fuels, and for such other
purposes as the Administrator determines will help achieve
the goals of this subsection. The regulations shall limit the
number of cellulosic biofuel credits for any calendar year to
the minimum applicable volume (as reduced under this
subparagraph) of cellulosic biofuel for that year.''.
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
adding the following at the end thereof:
``(E) Biomass-based diesel.--
``(i) Market evaluation.--The Administrator, in
consultation with the Secretary of Energy and the Secretary
of Agriculture, shall periodically evaluate the impact of the
biomass-based diesel requirements established under this
paragraph on the price of diesel fuel.
``(ii) Waiver.--If the Administrator determines that there
is a significant renewable feedstock disruption or other
market circumstances that would make the price of biomass-
based diesel fuel increase significantly, the Administrator,
in consultation with the Secretary of Energy and the
Secretary of Agriculture, shall issue an order to reduce, for
up to a 60-day period, the quantity of biomass-based diesel
required under subparagraph (A) by an appropriate quantity
that does not exceed 15 percent of the applicable annual
requirement for biomass-based diesel. For any calendar year
in which the Administrator makes a reduction under this
subparagraph, the Administrator may also reduce the
applicable volume of renewable fuel and advanced biofuels
requirement established under paragraph (2)(B) by the same or
a lesser volume.
``(iii) Extensions.--If the Administrator determines that
the feedstock disruption or circumstances described in clause
(ii) is continuing beyond the 60-day period described in
clause (ii) or this clause, the Administrator, in
consultation with the Secretary of Energy and the Secretary
of Agriculture, may issue an order to reduce, for up to an
additional 60-day period, the quantity of biomass-based
diesel required under subparagraph (A) by an appropriate
quantity that does not exceed an additional 15 percent of the
applicable annual requirement for biomass-based diesel.
``(F) Modification of applicable volumes.--For any of the
tables in paragraph (2)(B), if the Administrator waives--
``(i) at least 20 percent of the applicable volume
requirement set forth in any such table for 2 consecutive
years; or
``(ii) at least 50 percent of such volume requirement for a
single year,
the Administrator shall promulgate a rule (within one year
after issuing such waiver) that modifies the applicable
volumes set forth in the table concerned for all years
following the final year to which the waiver applies, except
that no such modification in applicable volumes shall be made
for any year before 2016. In promulgating such a rule, the
Administrator shall comply with the processes, criteria, and
standards set forth in paragraph (2)(B)(ii).''.
SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Agriculture and the Administrator of
the Environmental Protection Agency, shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study to assess the impact of the
requirements described in section 211(o) of the Clean Air Act
on each industry relating to the production of feed grains,
livestock, food, forest products, and energy.
(b) Participation.--In conducting the study under this
section, the National Academy of Sciences shall seek the
participation, and consider the input, of--
(1) producers of feed grains;
(2) producers of livestock, poultry, and pork products;
(3) producers of food and food products;
(4) producers of energy;
(5) individuals and entities interested in issues relating
to conservation, the environment, and nutrition;
(6) users and consumer of renewable fuels;
(7) producers and users of biomass feedstocks; and
(8) land grant universities.
(c) Considerations.--In conducting the study, the National
Academy of Sciences shall consider--
(1) the likely impact on domestic animal agriculture
feedstocks that, in any crop year, are significantly below
current projections;
(2) policy options to alleviate the impact on domestic
animal agriculture feedstocks that are significantly below
current projections; and
(3) policy options to maintain regional agricultural and
silvicultural capability.
(d) Components.--The study shall include--
(1) a description of the conditions under which the
requirements described in section 211(o) of the Clean Air Act
should be suspended or reduced to prevent adverse impacts to
domestic animal agriculture feedstocks described in
subsection (c)(2) or regional agricultural and silvicultural
capability described in subsection (c)(3); and
(2) recommendations for the means by which the Federal
Government could prevent or minimize adverse economic
hardships and impacts.
(e) Deadline for Completion of Study.--Not later than 18
months after the date of enactment of this Act, the Secretary
shall submit to Congress a report that describes the results
of the study under this section.
(f) Periodic Reviews.--Section 211(o) of the Clean Air Act
is amended by adding the following at the end thereof:
``(11) Periodic reviews.--To allow for the appropriate
adjustment of the requirements described in subparagraph (B)
of paragraph (2), the Administrator shall conduct periodic
reviews of--
``(A) existing technologies;
``(B) the feasibility of achieving compliance with the
requirements; and
``(C) the impacts of the requirements described in
subsection (a)(2) on each individual and entity described in
paragraph (2).''.
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.
(a) In General.--Not later than 3 years after the enactment
of this section and every 3 years thereafter, the
Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, shall assess and report to Congress on
the impacts to date and likely future impacts of the
requirements of section 211(o) of the Clean Air Act on the
following:
(1) Environmental issues, including air quality, effects on
hypoxia, pesticides, sediment, nutrient and pathogen levels
in waters, acreage and function of waters, and soil
environmental quality.
(2) Resource conservation issues, including soil
conservation, water availability, and ecosystem health and
biodiversity, including impacts on forests, grasslands, and
wetlands.
(3) The growth and use of cultivated invasive or noxious
plants and their impacts on the environment and agriculture.
In advance of preparing the report required by this
subsection, the Administrator may seek the views of the
National Academy of Sciences or another appropriate
independent research institute. The report shall include the
annual volume of imported renewable fuels and feedstocks for
renewable fuels, and the environmental impacts outside the
United States of producing such fuels and feedstocks. The
report required by this subsection shall include
recommendations for actions to address any adverse impacts
found.
(b) Effect on Air Quality and Other Environmental
Requirements.--Except as provided in section 211(o)(12) of
the Clean Air Act, nothing in the amendments made by this
title to section 211(o) of the Clean Air Act shall be
construed as superseding, or limiting, any more
environmentally protective requirement under the Clean Air
Act, or under any other provision of State or Federal law or
regulation, including any environmental law or regulation.
SEC. 205. BIOMASS BASED DIESEL AND BIODIESEL LABELING.
(a) In General.--Each retail diesel fuel pump shall be
labeled in a manner that informs consumers of the percent of
biomass-based diesel or biodiesel that is contained in the
biomass-based diesel blend or biodiesel blend that is offered
for sale, as determined by the Federal Trade Commission.
(b) Labeling Requirements.--Not later than 180 days after
the date of enactment of this section, the Federal Trade
Commission shall promulgate biodiesel labeling requirements
as follows:
(1) Biomass-based diesel blends or biodiesel blends that
contain less than or equal to 5 percent biomass-based diesel
or biodiesel by volume and that meet ASTM D975 diesel
specifications shall not require any additional labels.
(2) Biomass based diesel blends or biodiesel blends that
contain more than 5 percent biomass-based diesel or biodiesel
by volume but not more than 20 percent by volume shall be
labeled ``contains biomass-based diesel or biodiesel in
quantities between 5 percent and 20 percent''.
(3) Biomass-based diesel or biodiesel blends that contain
more than 20 percent biomass based or biodiesel by volume
shall be labeled ``contains more than 20 percent biomass-
based diesel or biodiesel''.
(c) Definitions.--In this section:
(1) Astm.--The term ``ASTM'' means the American Society of
Testing and Materials.
(2) Biomass-based diesel.--The term ``biomass-based
diesel'' means biodiesel as defined in section 312(f) of the
Energy Policy Act of 1992 (42 U.S.C. 13220(f)).
(3) Biodiesel.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(A) the registration requirements for fuels and fuel
additives under this section; and
[[Page H16670]]
(B) the requirements of ASTM standard D6751.
(4) Biomass-based diesel and biodiesel blends.--The terms
``biomass-based diesel blend'' and ``biodiesel blend'' means
a blend of ``biomass-based diesel'' or ``biodiesel'' fuel
that is blended with petroleum based diesel fuel.
SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.
(a) Definition of Electric Vehicle.--In this section, the
term ``electric vehicle'' means an electric motor vehicle (as
defined in section 601 of the Energy Policy Act of 1992 (42
U.S.C. 13271)) for which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of
the vehicle.
(b) Study.--The Administrator of the Environmental
Protection Agency shall conduct a study on the feasibility of
issuing credits under the program established under section
211(o) of the Clean Air Act to electric vehicles powered by
electricity produced from renewable energy sources.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Energy and Commerce of the
United States House of Representatives a report that
describes the results of the study, including a description
of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as
an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 211(o) of the
Clean Air Act.
SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General.--The Secretary of Energy shall establish a
grant program to encourage the production of advanced
biofuels.
(b) Requirements and Priority.--In making grants under this
section, the Secretary--
(1) shall make awards to the proposals for advanced
biofuels with the greatest reduction in lifecycle greenhouse
gas emissions compared to the comparable motor vehicle fuel
lifecycle emissions during calendar year 2005; and
(2) shall not make an award to a project that does not
achieve at least a 80 percent reduction in such lifecycle
greenhouse gas emissions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
the period of fiscal years 2008 through 2015.
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN
DETERMINATIONS ON FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (42 U.S.C.
7545(c)(1)) is amended as follows:
(1) By striking ``nonroad vehicle (A) if in the judgment of
the Administrator'' and inserting ``nonroad vehicle if, in
the judgment of the Administrator, any fuel or fuel additive
or''; and
(2) In subparagraph (A), by striking ``air pollution
which'' and inserting ``air pollution or water pollution
(including any degradation in the quality of groundwater)
that''.
SEC. 209. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by adding at the end the following:
``(v) Prevention of Air Quality Deterioration.--
``(1) Study.--
``(A) In general.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall
complete a study to determine whether the renewable fuel
volumes required by this section will adversely impact air
quality as a result of changes in vehicle and engine
emissions of air pollutants regulated under this Act.
``(B) Considerations.--The study shall include
consideration of--
``(i) different blend levels, types of renewable fuels, and
available vehicle technologies; and
``(ii) appropriate national, regional, and local air
quality control measures.
``(2) Regulations.--Not later than 3 years after the date
of enactment of this subsection, the Administrator shall--
``(A) promulgate fuel regulations to implement appropriate
measures to mitigate, to the greatest extent achievable,
considering the results of the study under paragraph (1), any
adverse impacts on air quality, as the result of the
renewable volumes required by this section; or
``(B) make a determination that no such measures are
necessary.''.
SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION
RULES.
(a) Transition Rules.--(1) For calendar year 2008,
transportation fuel sold or introduced into commerce in the
United States (except in noncontiguous States or
territories), that is produced from facilities that commence
construction after the date of enactment of this Act shall be
treated as renewable fuel within the meaning of section
211(o) of the Clean Air Act only if it achieves at least a 20
percent reduction in lifecycle greenhouse gas emissions
compared to baseline lifecycle greenhouse gas emissions. For
calendar years 2008 and 2009, any ethanol plant that is fired
with natural gas, biomass, or any combination thereof is
deemed to be in compliance with such 20 percent reduction
requirement and with the 20 percent reduction requirement of
section 211(o)(1) of the Clean Air Act. The terms used in
this subsection shall have the same meaning as provided in
the amendment made by this Act to section 211(o) of the Clean
Air Act.
(2) Until January 1, 2009, the Administrator of the
Environmental Protection Agency shall implement section
211(o) of the Clean Air Act and the rules promulgated under
that section in accordance with the provisions of that
section as in effect before the enactment of this Act and in
accordance with the rules promulgated before the enactment of
this Act, except that for calendar year 2008, the number
``9.0'' shall be substituted for the number ``5.4'' in the
table in section 211(o)(2)(B) and in the corresponding rules
promulgated to carry out those provisions. The Administrator
is authorized to take such other actions as may be necessary
to carry out this paragraph notwithstanding any other
provision of law.
(b) Savings Clause.--Section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)) is amended by adding the following new
paragraph at the end thereof:
``(12) Effect on other provisions.--Nothing in this
subsection, or regulations issued pursuant to this
subsection, shall affect or be construed to affect the
regulatory status of carbon dioxide or any other greenhouse
gas, or to expand or limit regulatory authority regarding
carbon dioxide or any other greenhouse gas, for purposes of
other provisions (including section 165) of this Act. The
previous sentence shall not affect implementation and
enforcement of this subsection.''.
(c) Effective Date.--The amendments made by this title to
section 211(o) of the Clean Air Act shall take effect January
1, 2009, except that the Administrator shall promulgate
regulations to carry out such amendments not later than one
year after the enactment of this Act.
Subtitle B--Biofuels Research and Development
SEC. 221. BIODIESEL.
(a) Biodiesel Study.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall submit to Congress a report on any research and
development challenges inherent in increasing the proportion
of diesel fuel sold in the United States that is biodiesel.
(b) Material for the Establishment of Standards.--The
Director of the National Institute of Standards and
Technology, in consultation with the Secretary, shall make
publicly available the physical property data and
characterization of biodiesel and other biofuels as
appropriate.
SEC. 222. BIOGAS.
Not later than 180 days after the date of enactment of this
Act, the Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall submit to Congress
a report on any research and development challenges inherent
in increasing the amount of transportation fuels sold in the
United States that are fuel with biogas or a blend of biogas
and natural gas.
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to
eligible entities for research, development, demonstration,
and commercial application of biofuel production technologies
in States with low rates of ethanol production, including low
rates of production of cellulosic biomass ethanol, as
determined by the Secretary.
(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)), including tribally controlled colleges or
universities, located in a State described in subsection (a);
or
(B) be a consortium including at least 1 such institution
of higher education, and industry, State agencies, Indian
tribal agencies, National Laboratories, or local government
agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2008 through 2010.
SEC. 224. BIOREFINERY ENERGY EFFICIENCY.
Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232)
is amended by adding at the end the following new
subsections:
``(g) Biorefinery Energy Efficiency.--The Secretary shall
establish a program of research, development, demonstration,
and commercial application for increasing energy efficiency
and reducing energy consumption in the operation of
biorefinery facilities.
``(h) Retrofit Technologies for the Development of Ethanol
From Cellulosic Materials.--The Secretary shall establish a
program of research, development, demonstration, and
commercial application on technologies and processes to
enable biorefineries that exclusively use corn grain or corn
starch as a feedstock to produce ethanol to be retrofitted to
accept a range of biomass, including lignocellulosic
feedstocks.''.
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall conduct a study of
whether optimizing flexible fueled vehicles to operate using
E-85 fuel would increase the fuel efficiency of flexible
fueled vehicles.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary
[[Page H16671]]
shall submit to the Committee on Science and Technology and
the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Energy and Natural
Resources, the Committee on Environment and Public Works, and
the Committee on Commerce, Science, and Transportation of the
Senate, a report that describes the results of the study
under this section, including any recommendations of the
Secretary.
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE
ASSOCIATED WITH THE USE OF BIODIESEL.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall initiate a study on the effects of the use of biodiesel
on the performance and durability of engines and engine
systems.
(b) Components.--The study under this section shall
include--
(1) an assessment of whether the use of biodiesel lessens
the durability and performance of conventional diesel engines
and engine systems; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying
concentrations, including the following percentage
concentrations of biodiesel:
(A) 5 percent biodiesel.
(B) 10 percent biodiesel.
(C) 20 percent biodiesel.
(D) 30 percent biodiesel.
(E) 100 percent biodiesel.
(c) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science and Technology and the Committee on
Energy and Commerce of the House of Representatives, and to
the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate, a
report that describes the results of the study under this
section, including any recommendations of the Secretary.
SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL GAS
VEHICLES.
(a) In General.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and the
Secretary of Transportation, shall conduct a study of methods
of increasing the fuel efficiency of vehicles using biogas by
optimizing natural gas vehicle systems that can operate on
biogas, including the advancement of vehicle fuel systems and
the combination of hybrid-electric and plug-in hybrid
electric drive platforms with natural gas vehicle systems
using biogas.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources, the Committee on
Environment and Public Works, and the Committee on Commerce,
Science, and Transportation of the Senate, and to the
Committee on Science and Technology and the Committee on
Energy and Commerce of the House of Representatives, a report
that describes the results of the study, including any
recommendations of the Secretary.
SEC. 228. ALGAL BIOMASS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the progress of the
research and development that is being conducted on the use
of algae as a feedstock for the production of biofuels.
(b) Contents.--The report shall identify continuing
research and development challenges and any regulatory or
other barriers found by the Secretary that hinder the use of
this resource, as well as recommendations on how to encourage
and further its development as a viable transportation fuel.
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER.
(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, shall establish a biofuels and
biorefinery information center to make available to
interested parties information on--
(1) renewable fuel feedstocks, including the varieties of
fuel capable of being produced from various feedstocks;
(2) biorefinery processing techniques related to various
renewable fuel feedstocks;
(3) the distribution, blending, storage, and retail
dispensing infrastructure necessary for the transport and use
of renewable fuels;
(4) Federal and State laws and incentives related to
renewable fuel production and use;
(5) renewable fuel research and development advancements;
(6) renewable fuel development and biorefinery processes
and technologies;
(7) renewable fuel resources, including information on
programs and incentives for renewable fuels;
(8) renewable fuel producers;
(9) renewable fuel users; and
(10) potential renewable fuel users.
(b) Administration.--In administering the biofuels and
biorefinery information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available relating to processes and
technologies for renewable fuel production;
(3) make information available to interested parties on the
process for establishing a biorefinery; and
(4) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Coordination and Nonduplication.--To maximum extent
practicable, the Secretary shall ensure that the activities
under this section are coordinated with, and do not duplicate
the efforts of, centers at other government agencies.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--
(1) an 1890 Institution (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7061));
(2) a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly
referred to as ``Historically Black Colleges and
Universities'');
(3) a tribal college or university (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)); or
(4) a Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
(b) Grants.--The Secretary shall make cellulosic ethanol
and biofuels research and development grants to 10 eligible
entities selected by the Secretary to receive a grant under
this section through a peer-reviewed competitive process.
(c) Collaboration.--An eligible entity that is selected to
receive a grant under subsection (b) shall collaborate with 1
of the Bioenergy Research Centers of the Office of Science of
the Department.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to make grants described
in subsection (b) $50,000,000 for fiscal year 2008, to remain
available until expended.
SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION
OF APPROPRIATION.
Section 931 of the Energy Policy Act of 2005 (42 U.S.C.
16231) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) $963,000,000 for fiscal year 2010.''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``$251,000,000'' and inserting
``$377,000,000''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (3)--
(i) by striking ``$274,000,000'' and inserting
``$398,000,000''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(4) $419,000,000 for fiscal year 2010, of which
$150,000,000 shall be for section 932(d).''.
SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.
(a) In General.--Section 977 of the Energy Policy Act of
2005 (42 U.S.C. 16317) is amended--
(1) in subsection (a)(1), by striking ``and computational
biology'' and inserting ``computational biology, and
environmental science''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``in sustainable
production systems that reduce greenhouse gas emissions''
after ``hydrogen'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
``(4) develop cellulosic and other feedstocks that are less
resource and land intensive and that promote sustainable use
of resources, including soil, water, energy, forests, and
land, and ensure protection of air, water, and soil quality;
and''.
(b) Tools and Evaluation.--Section 307(d) of the Biomass
Research and Development Act of 2000 (7 U.S.C. 8606(d)) is
amended--
(1) in paragraph (3)(E), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the improvement and development of analytical tools
to facilitate the analysis of life-cycle energy and
greenhouse gas emissions, including emissions related to
direct and indirect land use changes, attributable to all
potential biofuel feedstocks and production processes; and
``(6) the systematic evaluation of the impact of expanded
biofuel production on the environment, including forest
lands, and on the food supply for humans and animals.''.
(c) Small-Scale Production and Use of Biofuels.--Section
307(e) of the Biomass Research and Development Act of 2000 (7
U.S.C. 8606(e)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to facilitate small-scale production, local, and on-
farm use of biofuels, including the development of small-
scale gasification technologies for production of biofuel
from cellulosic feedstocks.''.
SEC. 233. BIOENERGY RESEARCH CENTERS.
Section 977 of the Energy Policy Act of 2005 (42 U.S.C.
16317) is amended by adding at the end the following:
``(f) Bioenergy Research Centers.--
``(1) Establishment of centers.--In carrying out the
program under subsection (a), the Secretary shall establish
at least 7 bioenergy research centers, which may be of
varying size.
``(2) Geographic distribution.--The Secretary shall
establish at least 1 bioenergy research center in each
Petroleum Administration for Defense District or Subdistrict
of a Petroleum Administration for Defense District.
[[Page H16672]]
``(3) Goals.--The goals of the centers established under
this subsection shall be to accelerate basic transformational
research and development of biofuels, including biological
processes.
``(4) Selection and duration.--
``(A) In general.--A center under this subsection shall be
selected on a competitive basis for a period of 5 years.
``(B) Reapplication.--After the end of the period described
in subparagraph (A), a grantee may reapply for selection on a
competitive basis.
``(5) Inclusion.--A center that is in existence on the date
of enactment of this subsection--
``(A) shall be counted towards the requirement for
establishment of at least 7 bioenergy research centers; and
``(B) may continue to receive support for a period of 5
years beginning on the date of establishment of the
center.''.
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.
(a) Establishment.--The Secretary shall establish a
competitive grant program, in a geographically diverse
manner, for projects submitted for consideration by
institutions of higher education to conduct research and
development of renewable energy technologies. Each grant made
shall not exceed $2,000,000.
(b) Eligibility.--Priority shall be given to institutions
of higher education with--
(1) established programs of research in renewable energy;
(2) locations that are low income or outside of an
urbanized area;
(3) a joint venture with an Indian tribe; and
(4) proximity to trees dying of disease or insect
infestation as a source of woody biomass.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $25,000,000 for carrying
out this section.
(d) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning as defined in section 126(c) of the Energy Policy Act
of 2005.
(2) Renewable energy.--The term ``renewable energy'' has
the meaning as defined in section 902 of the Energy Policy
Act of 2005.
(3) Urbanized area.--The term ``urbanized area'' has the
mean as defined by the U.S. Bureau of the Census.
Subtitle C--Biofuels Infrastructure
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS
RELATED TO RENEWABLE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
RENEWABLE FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Renewable fuel.--The term `renewable fuel' means any
fuel--
``(A) at least 85 percent of the volume of which consists
of ethanol; or
``(B) any mixture of biodiesel and diesel or renewable
diesel (as defined in regulations adopted pursuant to section
211(o) of the Clean Air Act (40 CFR, Part 80)), determined
without regard to any use of kerosene and containing at least
20 percent biodiesel or renewable diesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--
``(1) In general.--No franchise-related document entered
into or renewed on or after the date of enactment of this
section shall contain any provision allowing a franchisor to
restrict the franchisee or any affiliate of the franchisee
from--
``(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that the
franchisee's franchisor may restrict the installation of a
tank on leased marketing premises of such franchisor;
``(B) converting an existing tank or pump on the marketing
premises of the franchisee for renewable fuel use, so long as
such tank or pump and the piping connecting them are either
warranted by the manufacturer or certified by a recognized
standards setting organization to be suitable for use with
such renewable fuel;
``(C) advertising (including through the use of signage)
the sale of any renewable fuel;
``(D) selling renewable fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears);
``(E) purchasing renewable fuel from sources other than the
franchisor if the franchisor does not offer its own renewable
fuel for sale by the franchisee;
``(F) listing renewable fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
``(G) allowing for payment of renewable fuel with a credit
card,
so long as such activities described in subparagraphs (A)
through (G) do not constitute mislabeling, misbranding,
willful adulteration, or other trademark violations by the
franchisee.
``(2) Effect of provision.--Nothing in this section shall
be construed to preclude a franchisor from requiring the
franchisee to obtain reasonable indemnification and insurance
policies.
``(c) Exception to 3-Grade Requirement.--No franchise-
related document that requires that 3 grades of gasoline be
sold by the applicable franchisee shall prevent the
franchisee from selling 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. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports.--The Secretary, in
consultation with the Secretary of Transportation, shall
determine and report to Congress annually on the market
penetration for flexible-fuel vehicles in use within
geographic regions to be established by the Secretary.
(b) Dispenser Feasibility Study.--Not later than 24 months
after the date of enactment of this Act, the Secretary, in
consultation with the Department of Transportation, shall
report to the Congress on the feasibility of requiring motor
fuel retailers to install E-85 compatible dispensers and
related systems at retail fuel facilities in regions where
flexible-fuel vehicle market penetration has reached 15
percent of motor vehicles. In conducting such study, the
Secretary shall consider and report on the following factors:
(1) The commercial availability of E-85 fuel and the number
of competing E-85 wholesale suppliers in a given region.
(2) The level of financial assistance provided on an annual
basis by the Federal Government, State governments, and
nonprofit entities for the installation of E-85 compatible
infrastructure.
(3) The number of retailers whose retail locations are
unable to support more than 2 underground storage tank
dispensers.
(4) The expense incurred by retailers in the installation
and sale of E-85 compatible dispensers and related systems
and any potential effects on the price of motor vehicle fuel.
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary, in coordination with the
Secretary of Transportation, shall conduct a study of the
feasibility of the construction of pipelines dedicated to the
transportation of ethanol.
(b) Factors for Consideration.--In conducting the study
under subsection (a), the Secretary shall take into
consideration--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to the construction of
pipelines dedicated to the transportation of ethanol,
including technical, siting, financing, and regulatory
barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate the risk and help ensure the construction of 1 or
more pipelines dedicated to the transportation of ethanol;
(5) financial incentives that may be necessary for the
construction of pipelines dedicated to the transportation of
ethanol, including the return on equity that sponsors of the
initial dedicated ethanol pipelines will require to invest in
the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, including
identification of remedial and preventive measures to ensure
pipeline integrity; and
(7) such other factors as the Secretary considers to be
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2008 and 2009, to remain
available until expended.
SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS.
(a) Definition of Renewable Fuel Blend.--For purposes of
this section, the term ``renewable fuel blend'' means
gasoline blend that contain not less than 11 percent, and not
more than 85 percent, renewable fuel or diesel fuel that
contains at least 10 percent renewable fuel.
(b) Infrastructure Development Grants.--
(1) Establishment.--The Secretary shall establish a program
for making grants for providing assistance to retail and
wholesale motor fuel dealers or other entities for the
installation, replacement, or conversion of motor fuel
storage and dispensing infrastructure to be used exclusively
to store and dispense renewable fuel blends.
(2) Selection criteria.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall establish
criteria for evaluating applications for grants under this
subsection that will maximize the availability and use of
renewable fuel blends, and that will ensure that renewable
fuel blends are available across the country. Such criteria
shall provide for--
(A) consideration of the public demand for each renewable
fuel blend in a particular geographic area based on State
registration records showing the number of flexible-fuel
vehicles;
[[Page H16673]]
(B) consideration of the opportunity to create or expand
corridors of renewable fuel blend stations along interstate
or State highways;
(C) consideration of the experience of each applicant with
previous, similar projects;
(D) consideration of population, number of flexible-fuel
vehicles, number of retail fuel outlets, and saturation of
flexible-fuel vehicles; and
(E) priority consideration to applications that--
(i) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(ii) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
renewable fuel blends; and
(iii) demonstrate the greatest commitment on the part of
the applicant to ensure funding for the proposed project and
the greatest likelihood that the project will be maintained
or expanded after Federal assistance under this subsection is
completed.
(3) Limitations.--Assistance provided under this subsection
shall not exceed--
(A) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and
dispensing infrastructure; or
(B) $180,000 for a combination of equipment at any one
retail outlet location.
(4) Operation of renewable fuel blend stations.--The
Secretary shall establish rules that set forth requirements
for grant recipients under this section that include
providing to the public the renewable fuel blends,
establishing a marketing plan that informs consumers of the
price and availability of the renewable fuel blends, clearly
labeling the dispensers and related equipment, and providing
periodic reports on the status of the renewable fuel blend
sales, the type and amount of the renewable fuel blends
dispensed at each location, and the average price of such
fuel.
(5) Notification requirements.--Not later than the date on
which each renewable fuel blend station begins to offer
renewable fuel blends to the public, the grant recipient that
used grant funds to construct or upgrade such station shall
notify the Secretary of such opening. The Secretary shall add
each new renewable fuel blend station to the renewable fuel
blend station locator on its Website when it receives
notification under this subsection.
(6) Double counting.--No person that receives a credit
under section 30C of the Internal Revenue Code of 1986 may
receive assistance under this section.
(7) Reservation of funds.--The Secretary shall reserve
funds appropriated for the renewable fuel blends
infrastructure development grant program for technical and
marketing assistance described in subsection (c).
(c) Retail Technical and Marketing Assistance.--The
Secretary shall enter into contracts with entities with
demonstrated experience in assisting retail fueling stations
in installing refueling systems and marketing renewable fuel
blends nationally, for the provision of technical and
marketing assistance to recipients of grants under this
section. Such assistance shall include--
(1) technical advice for compliance with applicable Federal
and State environmental requirements;
(2) help in identifying supply sources and securing long-
term contracts; and
(3) provision of public outreach, education, and labeling
materials.
(d) Refueling Infrastructure Corridors.--
(1) In general.--The Secretary shall establish a
competitive grant pilot program (referred to in this
subsection as the ``pilot program''), to be administered
through the Vehicle Technology Deployment Program of the
Department, to provide not more than 10 geographically-
dispersed project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation
authorities, or partnerships of those entities to carry out 1
or more projects for the purposes described in paragraph (2).
(2) Grant purposes.--A grant under this subsection shall be
used for the establishment of refueling infrastructure
corridors, as designated by the Secretary, for renewable fuel
blends, including--
(A) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuel blends
within the corridor;
(B) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuel
blends; and
(C) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(3) Applications.--
(A) Requirements.--
(i) In general.--Subject to clause (ii), not later than 90
days after the date of enactment of this Act, the Secretary
shall issue requirements for use in applying for grants under
the pilot program.
(ii) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
subsection--
(I) be submitted by--
(aa) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of
those entities; and
(bb) a registered participant in the Vehicle Technology
Deployment Program of the Department; and
(II) include--
(aa) a description of the project proposed in the
application, including the ways in which the project meets
the requirements of this subsection;
(bb) an estimate of the degree of use of the project,
including the estimated size of fleet of vehicles operated
with renewable fuels blend available within the geographic
region of the corridor, measured as a total quantity and a
percentage;
(cc) an estimate of the potential petroleum displaced as a
result of the project (measured as a total quantity and a
percentage), and a plan to collect and disseminate petroleum
displacement and other relevant data relating to the project
to be funded under the grant, over the expected life of the
project;
(dd) a description of the means by which the project will
be sustainable without Federal assistance after the
completion of the term of the grant;
(ee) a complete description of the costs of the project,
including acquisition, construction, operation, and
maintenance costs over the expected life of the project; and
(ff) a description of which costs of the project will be
supported by Federal assistance under this subsection.
(B) Partners.--An applicant under subparagraph (A) may
carry out a project under the pilot program in partnership
with public and private entities.
(4) Selection criteria.--In evaluating applications under
the pilot program, the Secretary shall--
(A) consider the experience of each applicant with
previous, similar projects; and
(B) give priority consideration to applications that--
(i) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(ii) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
advanced biofuels;
(iii) demonstrate the greatest commitment on the part of
the applicant to ensure funding for the proposed project and
the greatest likelihood that the project will be maintained
or expanded after Federal assistance under this subsection is
completed;
(iv) represent a partnership of public and private
entities; and
(v) exceed the minimum requirements of paragraph
(3)(A)(ii).
(5) Pilot project requirements.--
(A) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot
program to any applicant.
(B) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel blend infrastructure
development carried out using funds from a grant under this
subsection shall be not less than 20 percent.
(C) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for
more than 2 years.
(D) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad
geographic distribution of project sites funded by grants
under this subsection.
(E) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(6) Schedule.--
(A) Initial grants.--
(i) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for applications to carry out projects
under the pilot program.
(ii) Deadline.--An application described in clause (i)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
clause.
(iii) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under clause
(ii), the Secretary shall select by competitive, peer-
reviewed proposal up to 5 applications for projects to be
awarded a grant under the pilot program.
(B) Additional grants.--
(i) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for additional applications to carry out
projects under the pilot program that incorporate the
information and knowledge obtained through the implementation
of the first round of projects authorized under the pilot
program.
(ii) Deadline.--An application described in clause (i)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
clause.
(iii) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under clause
(ii), the Secretary shall select by competitive, peer-
reviewed proposal such additional applications for projects
to be awarded a grant under the pilot program as the
Secretary determines to be appropriate.
(7) Reports to congress.--
(A) Initial report.--Not later than 60 days after the date
on which grants are awarded under this subsection, the
Secretary shall submit to Congress a report containing--
(i) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(ii) an identification of other applicants that submitted
applications for the pilot program but to which funding was
not provided; and
(iii) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(B) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit
to Congress a
[[Page H16674]]
report containing an evaluation of the effectiveness of the
pilot program, including an assessment of the petroleum
displacement and benefits to the environment derived from the
projects included in the pilot program.
(e) Restriction.--No grant shall be provided under
subsection (b) or (c) to a large, vertically integrated oil
company.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $200,000,000 for each of the fiscal years 2008
through 2014.
SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL BY
RAILROADS AND OTHER MODES OF TRANSPORTATION.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of Transportation, shall jointly conduct a study of
the adequacy of transportation of domestically-produced
renewable fuels by railroad and other modes of transportation
as designated by the Secretaries.
(2) Components.--In conducting the study under paragraph
(1), the Secretaries shall--
(A) consider the adequacy of existing railroad and other
transportation and distribution infrastructure, equipment,
service and capacity to move the necessary quantities of
domestically-produced renewable fuel within the timeframes;
(B)(i) consider the projected costs of moving the
domestically-produced renewable fuel by railroad and other
modes transportation; and
(ii) consider the impact of the projected costs on the
marketability of the domestically-produced renewable fuel;
(C) identify current and potential impediments to the
reliable transportation and distribution of adequate supplies
of domestically-produced renewable fuel at reasonable prices,
including practices currently utilized by domestic producers,
shippers, and receivers of renewable fuels;
(D) consider whether adequate competition exists within and
between modes of transportation for the transportation and
distribution of domestically-produced renewable fuel and,
whether inadequate competition leads to an unfair price for
the transportation and distribution of domestically-produced
renewable fuel or unacceptable service for transportation of
domestically-produced renewable fuel;
(E) consider whether Federal agencies have adequate legal
authority to address instances of inadequate competition when
inadequate competition is found to prevent domestic producers
for renewable fuels from obtaining a fair and reasonable
transportation price or acceptable service for the
transportation and distribution of domestically-produced
renewable fuels;
(F) consider whether Federal agencies have adequate legal
authority to address railroad and transportation service
problems that may be resulting in inadequate supplies of
domestically-produced renewable fuel in any area of the
United States;
(G) consider what transportation infrastructure capital
expenditures may be necessary to ensure the reliable
transportation of adequate supplies of domestically-produced
renewable fuel at reasonable prices within the United States
and which public and private entities should be responsible
for making such expenditures; and
(H) provide recommendations on ways to facilitate the
reliable transportation of adequate supplies of domestically-
produced renewable fuel at reasonable prices.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretaries shall jointly submit
to the Committee on Commerce, Science and Transportation, the
Committee on Energy and Natural Resources, and the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study conducted under subsection (a).
SEC. 246. FEDERAL FLEET FUELING CENTERS.
(a) In General.--Not later than January 1, 2010, the head
of each Federal agency shall install at least 1 renewable
fuel pump at each Federal fleet fueling center in the United
States under the jurisdiction of the head of the Federal
agency.
(b) Report.--Not later than October 31 of the first
calendar year beginning after the date of the enactment of
this Act, and each October 31 thereafter, the President shall
submit to Congress a report that describes the progress
toward complying with subsection (a), including identifying--
(1) the number of Federal fleet fueling centers that
contain at least 1 renewable fuel pump; and
(2) the number of Federal fleet fueling centers that do not
contain any renewable fuel pumps.
(c) Department of Defense Facility.--This section shall not
apply to a Department of Defense fueling center with a fuel
turnover rate of less than 100,000 gallons of fuel per year.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by redesignating subsection (s) as subsection (t),
redesignating subsection (r) (relating to conversion
assistance for cellulosic biomass, waste-derived ethanol,
approved renewable fuels) as subsection (s) and by adding the
following new subsection at the end thereof:
``(u) Standard Specifications for Biodiesel.--(1) Unless
the American Society for Testing and Materials has adopted a
standard for diesel fuel containing 20 percent biodiesel
(commonly known as `B20') within 1 year after the date of
enactment of this subsection, the Administrator shall
initiate a rulemaking to establish a uniform per gallon fuel
standard for such fuel and designate an identification number
so that vehicle manufacturers are able to design engines to
use fuel meeting such standard.
``(2) Unless the American Society for Testing and Materials
has adopted a standard for diesel fuel containing 5 percent
biodiesel (commonly known as `B5') within 1 year after the
date of enactment of this subsection, the Administrator shall
initiate a rulemaking to establish a uniform per gallon fuel
standard for such fuel and designate an identification so
that vehicle manufacturers are able to design engines to use
fuel meeting such standard.
``(3) Whenever the Administrator is required to initiate a
rulemaking under paragraph (1) or (2), the Administrator
shall promulgate a final rule within 18 months after the date
of the enactment of this subsection.
``(4) Not later than 180 days after the enactment of this
subsection, the Administrator shall establish an annual
inspection and enforcement program to ensure that diesel fuel
containing biodiesel sold or distributed in interstate
commerce meets the standards established under regulations
under this section, including testing and certification for
compliance with applicable standards of the American Society
for Testing and Materials. There are authorized to be
appropriated to carry out the inspection and enforcement
program under this paragraph $3,000,000 for each of fiscal
years 2008 through 2010.
``(5) For purposes of this subsection, the term `biodiesel'
has the meaning provided by section 312(f) of Energy Policy
Act of 1992 (42 U.S.C. 13220(f)).''.
SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS
INFRASTRUCTURE.
(a) In General.--The Secretary, in coordination with the
Secretary of Transportation and in consultation with the
Administrator of the Environmental Protection Agency, shall
carry out a program of research, development, and
demonstration relating to existing transportation fuel
distribution infrastructure and new alternative distribution
infrastructure.
(b) Focus.--The program described in subsection (a) shall
focus on the physical and chemical properties of biofuels and
efforts to prevent or mitigate against adverse impacts of
those properties in the areas of--
(1) corrosion of metal, plastic, rubber, cork, fiberglass,
glues, or any other material used in pipes and storage tanks;
(2) dissolving of storage tank sediments;
(3) clogging of filters;
(4) contamination from water or other adulterants or
pollutants;
(5) poor flow properties related to low temperatures;
(6) oxidative and thermal instability in long-term storage
and uses;
(7) microbial contamination;
(8) problems associated with electrical conductivity; and
(9) such other areas as the Secretary considers
appropriate.
Subtitle D--Environmental Safeguards
SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES.
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f))
is amended to read as follows:
``(4) The Administrator, upon application of any
manufacturer of any fuel or fuel additive, may waive the
prohibitions established under paragraph (1) or (3) of this
subsection or the limitation specified in paragraph (2) of
this subsection, if he determines that the applicant has
established that such fuel or fuel additive or a specified
concentration thereof, and the emission products of such fuel
or fuel additive or specified concentration thereof, will not
cause or contribute to a failure of any emission control
device or system (over the useful life of the motor vehicle,
motor vehicle engine, nonroad engine or nonroad vehicle in
which such device or system is used) to achieve compliance by
the vehicle or engine with the emission standards with
respect to which it has been certified pursuant to sections
206 and 213(a). The Administrator shall take final action to
grant or deny an application submitted under this paragraph,
after public notice and comment, within 270 days of the
receipt of such an application.''.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended--
(1) in paragraph (36)--
(A) by striking ``(36) The'' and inserting the following:
``(36) External power supply.--
``(A) In general.--The''; and
(B) by adding at the end the following:
``(B) Active mode.--The term `active mode' means the mode
of operation when an external power supply is connected to
the main electricity supply and the output is connected to a
load.
``(C) Class a external power supply.--
``(i) In general.--The term `class A external power supply'
means a device that--
``(I) is designed to convert line voltage AC input into
lower voltage AC or DC output;
``(II) is able to convert to only 1 AC or DC output voltage
at a time;
``(III) is sold with, or intended to be used with, a
separate end-use product that constitutes the primary load;
``(IV) is contained in a separate physical enclosure from
the end-use product;
``(V) is connected to the end-use product via a removable
or hard-wired male/female electrical connection, cable, cord,
or other wiring; and
[[Page H16675]]
``(VI) has nameplate output power that is less than or
equal to 250 watts.
``(ii) Exclusions.--The term `class A external power
supply' does not include any device that--
``(I) requires Federal Food and Drug Administration listing
and approval as a medical device in accordance with section
513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360c); or
``(II) powers the charger of a detachable battery pack or
charges the battery of a product that is fully or primarily
motor operated.
``(D) No-load mode.--The term `no-load mode' means the mode
of operation when an external power supply is connected to
the main electricity supply and the output is not connected
to a load.''; and
(2) by adding at the end the following:
``(52) Detachable battery.--The term `detachable battery'
means a battery that is--
``(A) contained in a separate enclosure from the product;
and
``(B) intended to be removed or disconnected from the
product for recharging.''.
(b) Test Procedures.--Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)) is amended by adding
at the end the following:
``(17) Class a external power supplies.--Test procedures
for class A external power supplies shall be based on the
`Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies' published by
the Environmental Protection Agency on August 11, 2004,
except that the test voltage specified in section 4(d) of
that test method shall be only 115 volts, 60 Hz.''.
(c) Efficiency Standards for Class A External Power
Supplies.--Section 325(u) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at
the end the following:
``(6) Efficiency standards for class a external power
supplies.--
``(A) In general.--Subject to subparagraphs (B) through
(D), a class A external power supply manufactured on or after
the later of July 1, 2008, or the date of enactment of this
paragraph shall meet the following standards:
------------------------------------------------------------------------
``Active Mode
-------------------------------------------------------------------------
Required Efficiency (decimal
``Nameplate Output equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt 0.5 times the Nameplate Output
------------------------------------------------------------------------
From 1 watt to not more than 51 The sum of 0.09 times the Natural
watts Logarithm of the Nameplate Output
and 0.5
------------------------------------------------------------------------
Greater than 51 watts 0.85
------------------------------------------------------------------------
``No-Load Mode
------------------------------------------------------------------------
``Nameplate Output Maximum Consumption
------------------------------------------------------------------------
Not more than 250 watts 0.5 watts
------------------------------------------------------------------------
``(B) Noncovered supplies.--A class A external power supply
shall not be subject to subparagraph (A) if the class A
external power supply is--
``(i) manufactured during the period beginning on July 1,
2008, and ending on June 30, 2015; and
``(ii) made available by the manufacturer as a service part
or a spare part for an end-use product--
``(I) that constitutes the primary load; and
``(II) was manufactured before July 1, 2008.
``(C) Marking.--Any class A external power supply
manufactured on or after the later of July 1, 2008 or the
date of enactment of this paragraph shall be clearly and
permanently marked in accordance with the External Power
Supply International Efficiency Marking Protocol, as
referenced in the `Energy Star Program Requirements for
Single Voltage External AC-DC and AC-AC Power Supplies,
version 1.1' published by the Environmental Protection
Agency.
``(D) Amendment of standards.--
``(i) Final rule by july 1, 2011.--
``(I) In general.--Not later than July 1, 2011, the
Secretary shall publish a final rule to determine whether the
standards established under subparagraph (A) should be
amended.
``(II) Administration.--The final rule shall--
``(aa) contain any amended standards; and
``(bb) apply to products manufactured on or after July 1,
2013.
``(ii) Final rule by july 1, 2015.--
``(I) In general.--Not later than July 1, 2015 the
Secretary shall publish a final rule to determine whether the
standards then in effect should be amended.
``(II) Administration.--The final rule shall--
``(aa) contain any amended standards; and
``(bb) apply to products manufactured on or after July 1,
2017.
``(7) End-use products.--An energy conservation standard
for external power supplies shall not constitute an energy
conservation standard for the separate end-use product to
which the external power supplies is connected.''.
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances.--Section 323(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended
by striking ``(1)'' and all that follows through the end of
the paragraph and inserting the following:
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall review test procedures for all covered
products and--
``(i) amend test procedures with respect to any covered
product, if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(b) Industrial Equipment.--Section 343(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by
striking ``(a)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(a) Prescription by Secretary; Requirements.--
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall conduct an evaluation of each class of
covered equipment and--
``(i) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe test
procedures for the class in accordance with this section; or
``(ii) shall publish notice in the Federal Register of any
determination not to amend a test procedure.''.
SEC. 303. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)) is amended--
(1) in the subsection heading, by inserting ``and Boilers''
after ``Furnaces'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraphs (B) and (C),
boilers manufactured on or after September 1, 2012, shall
meet the following requirements:
----------------------------------------------------------------------------------------------------------------
Minimum Annual Fuel Utilization
Boiler Type Efficiency Design Requirements
----------------------------------------------------------------------------------------------------------------
Gas Hot Water......................... 82% No Constant Burning Pilot,
Automatic Means for Adjusting
Water Temperature
----------------------------------------------------------------------------------------------------------------
Gas Steam............................ 80% No Constant Burning Pilot
----------------------------------------------------------------------------------------------------------------
Oil Hot Water......................... 84% Automatic Means for Adjusting
Temperature
----------------------------------------------------------------------------------------------------------------
Oil Steam............................ 82% None
----------------------------------------------------------------------------------------------------------------
Electric Hot Water.................... None Automatic Means for Adjusting
Temperature
----------------------------------------------------------------------------------------------------------------
Electric Steam........................ None None
----------------------------------------------------------------------------------------------------------------
``(B) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip each gas,
oil, and electric hot water boiler (other than a boiler
equipped with a tankless domestic water heating coil) with
automatic means for adjusting the temperature of the water
supplied by the boiler to ensure that an incremental change
in inferred heat load produces a corresponding incremental
change in the temperature of water supplied.
``(ii) Single input rate.--For a boiler that fires at 1
input rate, the requirements of this subparagraph may be
satisfied by providing an automatic means that allows the
burner or heating element to fire only when the means has
determined that the inferred heat load cannot be met by the
residual heat of the water in the system.
``(iii) No inferred heat load.--When there is no inferred
heat load with respect to a hot water boiler, the automatic
means described in 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.--A boiler that is manufactured to operate
without any need for electricity or any electric connection,
electric gauges, electric pumps, electric wires, or electric
devices shall not be required to meet the requirements of
this paragraph.''.
SEC. 304. FURNACE FAN STANDARD PROCESS.
Paragraph (4)(D) of section 325(f) of the Energy Policy and
Conservation Act (42 U.S.C.
[[Page H16676]]
6295(f)) (as redesignated by section 303(4)) is amended by
striking ``the Secretary may'' and inserting ``not later than
December 31, 2013, the Secretary shall''.
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND
CLARIFYING STATE AUTHORITY.
(a) Consumer Appliances.--Section 325 of the Energy Policy
and Conservation Act (42 U.S.C. 6295) is amended by striking
subsection (m) and inserting the following:
``(m) Amendment of Standards.--
``(1) In general.--Not later than 6 years after issuance of
any final rule establishing or amending a standard, as
required for a product under this part, the Secretary shall
publish--
``(A) a notice of the determination of the Secretary that
standards for the product do not need to be amended, based on
the criteria established under subsection (n)(2); or
``(B) a notice of proposed rulemaking including new
proposed standards based on the criteria established under
subsection (o) and the procedures established under
subsection (p).
``(2) Notice.--If the Secretary publishes a notice under
paragraph (1), the Secretary shall--
``(A) publish a notice stating that the analysis of the
Department is publicly available; and
``(B) provide an opportunity for written comment.
``(3) Amendment of standard; new determination.--
``(A) Amendment of standard.--Not later than 2 years after
a notice is issued under paragraph (1)(B), the Secretary
shall publish a final rule amending the standard for the
product.
``(B) New determination.--Not later than 3 years after a
determination under paragraph (1)(A), the Secretary shall
make a new determination and publication under subparagraph
(A) or (B) of paragraph (1).
``(4) Application to products.--
``(A) In general.--Except as provided in subparagraph (B),
an amendment prescribed under this subsection shall apply
to--
``(i) with respect to refrigerators, refrigerator-freezers,
freezers, room air conditioners, dishwashers, clothes
washers, clothes dryers, fluorescent lamp ballasts, and
kitchen ranges and ovens, such a product that is manufactured
after the date that is 3 years after publication of the final
rule establishing an applicable standard; and
``(ii) with respect to central air conditioners, heat
pumps, water heaters, pool heaters, direct heating equipment,
and furnaces, such a product that is manufactured after the
date that is 5 years after publication of the final rule
establishing an applicable standard.
``(B) Other new standards.--A manufacturer shall not be
required to apply new standards to a product with respect to
which other new standards have been required during the prior
6-year period.
``(5) Reports.--The Secretary shall promptly submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate--
``(A) a progress report every 180 days on compliance with
this section, including a specific plan to remedy any
failures to comply with deadlines for action established
under this section; and
``(B) all required reports to the Court or to any party to
the Consent Decree in State of New York v Bodman,
Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 Civ.
7808.''.
(b) Industrial Equipment.--Section 342(a)(6) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by striking ``(6)(A)(i)'' and all that follows through
the end of subparagraph (B) and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) In general.--
``(i) Analysis of potential energy savings.--If ASHRAE/IES
Standard 90.1 is amended with respect to any small commercial
package air conditioning and heating equipment, large
commercial package air conditioning and heating equipment,
very large commercial package air conditioning and heating
equipment, packaged terminal air conditioners, packaged
terminal heat pumps, warm-air furnaces, packaged boilers,
storage water heaters, instantaneous water heaters, or
unfired hot water storage tanks, not later than 180 days
after the amendment of the standard, the Secretary shall
publish in the Federal Register for public comment an
analysis of the energy savings potential of amended energy
efficiency standards.
``(ii) Amended uniform national standard for products.--
``(I) In general.--Except as provided in subclause (II),
not later than 18 months after the date of publication of the
amendment to the ASHRAE/IES Standard 90.1 for a product
described in clause (i), the Secretary shall establish an
amended uniform national standard for the product at the
minimum level specified in the amended ASHRAE/IES Standard
90.1.
``(II) More stringent standard.--Subclause (I) shall not
apply if the Secretary determines, by rule published in the
Federal Register, and supported by clear and convincing
evidence, that adoption of a uniform national standard more
stringent than the amended ASHRAE/IES Standard 90.1 for the
product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
``(B) Rule.--If the Secretary makes a determination
described in clause (ii)(II) for a product described in
clause (i), not later than 30 months after the date of
publication of the amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the rule
establishing the amended standard.
``(C) Amendment of standard.--
``(i) In general.--Not later than 6 years after issuance of
any final rule establishing or amending a standard, as
required for a product under this part, the Secretary shall
publish--
``(I) a notice of the determination of the Secretary that
standards for the product do not need to be amended, based on
the criteria established under subparagraph (A); or
``(II) a notice of proposed rulemaking including new
proposed standards based on the criteria and procedures
established under subparagraph (B).
``(ii) Notice.--If the Secretary publishes a notice under
clause (i), the Secretary shall--
``(I) publish a notice stating that the analysis of the
Department is publicly available; and
``(II) provide an opportunity for written comment.
``(iii) Amendment of standard; new determination.--
``(I) Amendment of standard.--Not later than 2 years after
a notice is issued under clause (i)(II), the Secretary shall
publish a final rule amending the standard for the product.
``(II) New determination.--Not later than 3 years after a
determination under clause (i)(I), the Secretary shall make a
new determination and publication under subclause (I) or (II)
of clause (i).
``(iv) Application to products.--An amendment prescribed
under this subsection shall apply to products manufactured
after a date that is the later of--
``(I) the date that is 3 years after publication of the
final rule establishing a new standard; or
``(II) the date that is 6 years after the effective date of
the current standard for a covered product.
``(v) Reports.--The Secretary shall promptly submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a progress report every 180 days on
compliance with this subparagraph, including a specific plan
to remedy any failures to comply with deadlines for action
established under this subparagraph.''.
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR
CONDITIONERS, AND HEAT PUMPS.
(a) In General.--Section 325(o) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(o)) is amended by adding at
the end the following:
``(6) Regional standards for furnaces, central air
conditioners, and heat pumps.--
``(A) In general.--In any rulemaking to establish a new or
amended standard, the Secretary may consider the
establishment of separate standards by geographic region for
furnaces (except boilers), central air conditioners, and heat
pumps.
``(B) National and regional standards.--
``(i) National standard.--If the Secretary establishes a
regional standard for a product, the Secretary shall
establish a base national standard for the product.
``(ii) Regional standards.--If the Secretary establishes a
regional standard for a product, the Secretary may establish
more restrictive standards for the product by geographic
region as follows:
``(I) For furnaces, the Secretary may establish 1
additional standard that is applicable in a geographic region
defined by the Secretary.
``(II) For any cooling product, the Secretary may establish
1 or 2 additional standards that are applicable in 1 or 2
geographic regions as may be defined by the Secretary.
``(C) Boundaries of geographic regions.--
``(i) In general.--Subject to clause (ii), the boundaries
of additional geographic regions established by the Secretary
under this paragraph shall include only contiguous States.
``(ii) Alaska and hawaii.--The States of Alaska and Hawaii
may be included under this paragraph in a geographic region
that the States are not contiguous to.
``(iii) Individual states.--Individual States shall be
placed only into a single region under this paragraph.
``(D) Prerequisites.--In establishing additional regional
standards under this paragraph, the Secretary shall--
``(i) establish additional regional standards only if the
Secretary determines that--
``(I) the establishment of additional regional standards
will produce significant energy savings in comparison to
establishing only a single national standard; and
``(II) the additional regional standards are economically
justified under this paragraph; and
``(ii) consider the impact of the additional regional
standards on consumers, manufacturers, and other market
participants, including product distributors, dealers,
contractors, and installers.
``(E) Application; effective date.--
``(i) Base national standard.--Any base national standard
established for a product under this paragraph shall--
``(I) be the minimum standard for the product; and
``(II) apply to all products manufactured or imported into
the United States on and after the effective date for the
standard.
``(ii) Regional standards.--Any additional and more
restrictive regional standard established for a product under
this paragraph shall apply to any such product installed on
or after the effective date of the standard in States in
which the Secretary has designated the standard to apply.
``(F) Continuation of regional standards.--
``(i) In general.--In any subsequent rulemaking for any
product for which a regional standard has been previously
established, the Secretary shall determine whether to
continue the establishment of separate regional standards for
the product.
[[Page H16677]]
``(ii) Regional standard no longer appropriate.--Except as
provided in clause (iii), if the Secretary determines that
regional standards are no longer appropriate for a product,
beginning on the effective date of the amended standard for
the product--
``(I) there shall be 1 base national standard for the
product with Federal enforcement; and
``(II) State authority for enforcing a regional standard
for the product shall terminate.
``(iii) Regional standard appropriate but standard or
region changed.--
``(I) State no longer contained in region.--Subject to
subclause (III), if a State is no longer contained in a
region in which a regional standard that is more stringent
than the base national standard applies, the authority of the
State to enforce the regional standard shall terminate.
``(II) Standard or region revised so that existing regional
standard equals base national standard.--If the Secretary
revises a base national standard for a product or the
geographic definition of a region so that an existing
regional standard for a State is equal to the revised base
national standard--
``(aa) the authority of the State to enforce the regional
standard shall terminate on the effective date of the revised
base national standard; and
``(bb) the State shall be subject to the revised base
national standard.
``(III) Standard or region revised so that existing
regional standard equals base national standard.--If the
Secretary revises a base national standard for a product or
the geographic definition of a region so that the standard
for a State is lower than the previously approved regional
standard, the State may continue to enforce the previously
approved standard level.
``(iv) Waiver of federal preemption.--Nothing in this
paragraph diminishes the authority of a State to enforce a
State regulation for which a waiver of Federal preemption has
been granted under section 327(d).
``(G) Enforcement.--
``(i) Base national standard.--
``(I) In general.--The Secretary shall enforce any base
national standard.
``(II) Trade association certification programs.--In
enforcing the base national standard, the Secretary shall
use, to the maximum extent practicable, national standard
nationally recognized certification programs of trade
associations.
``(ii) Regional standards.--
``(I) Enforcement plan.--Not later than 90 days after the
date of the issuance of a final rule that establishes a
regional standard, the Secretary shall initiate a rulemaking
to develop and implement an effective enforcement plan for
regional standards for the products that are covered by the
final rule.
``(II) Responsible entities.--Any rules regarding
enforcement of a regional standard shall clearly specify
which entities are legally responsible for compliance with
the standards and for making any required information or
labeling disclosures.
``(III) Final rule.--Not later than 15 months after the
date of the issuance of a final rule that establishes a
regional standard for a product, the Secretary shall
promulgate a final rule covering enforcement of regional
standards for the product.
``(IV) Incorporation by states and localities.--A State or
locality may incorporate any Federal regional standard into
State or local building codes or State appliance standards.
``(V) State enforcement.--A State agency may seek
enforcement of a Federal regional standard in a Federal court
of competent jurisdiction.
``(H) Information disclosure.--
``(i) In general.--Not later than 90 days after the date of
the publication of a final rule that establishes a regional
standard for a product, the Federal Trade Commission shall
undertake a rulemaking to determine the appropriate 1 or more
methods for disclosing information so that consumers,
distributors, contractors, and installers can easily
determine whether a specific piece of equipment that is
installed in a specific building is in conformance with the
regional standard that applies to the building.
``(ii) Methods.--A method of disclosing information under
clause (i) may include--
``(I) modifications to the Energy Guide label; or
``(II) other methods that make it easy for consumers and
installers to use and understand at the point of
installation.
``(iii) Completion of rulemaking.--The rulemaking shall be
completed not later 15 months after the date of the
publication of a final rule that establishes a regional
standard for a product.''.
(b) Prohibited Acts.--Section 332(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking ``or'' after the
semicolon at the end;
(2) in paragraph (5), by striking ``part.'' and inserting
``part, except to the extent that the new covered product is
covered by a regional standard that is more stringent than
the base national standard; or''; and
(3) by adding at the end the following:
``(6) for any manufacturer or private labeler to knowingly
sell a product to a distributor, contractor, or dealer with
knowledge that the entity routinely violates any regional
standard applicable to the product.''.
(c) Consideration of Prices and Operating Patterns.--
Section 342(a)(6)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(a)(6)(B)) is amended by adding at the end
the following:
``(iii) Consideration of prices and operating patterns.--If
the Secretary is considering revised standards for air-cooled
3-phase central air conditioners and central air conditioning
heat pumps with less 65,000 Btu per hour (cooling capacity),
the Secretary shall use commercial energy prices and
operating patterns in all analyses conducted by the
Secretary.''.
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.
Section 325(p) of the Energy Policy and Conservation Act
(42 U.S.C. 6925(p)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 308. EXPEDITED RULEMAKINGS.
(a) Procedure for Prescribing New or Amended Standards.--
Section 325(p) of the Energy Policy and Conservation Act (42
U.S.C. 6295(p)) (as amended by section 307) is amended by
adding at the end the following:
``(4) Direct final rules.--
``(A) In general.--On receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered products, States,
and efficiency advocates), as determined by the Secretary,
and contains recommendations with respect to an energy or
water conservation standard--
``(i) if the Secretary determines that the recommended
standard contained in the statement is in accordance with
subsection (o) or section 342(a)(6)(B), as applicable, the
Secretary may issue a final rule that establishes an energy
or water conservation standard and is published
simultaneously with a notice of proposed rulemaking that
proposes a new or amended energy or water conservation
standard that is identical to the standard established in the
final rule to establish the recommended standard (referred to
in this paragraph as a `direct final rule'); or
``(ii) if the Secretary determines that a direct final rule
cannot be issued based on the statement, the Secretary shall
publish a notice of the determination, together with an
explanation of the reasons for the determination.
``(B) Public comment.--The Secretary shall solicit public
comment for a period of at least 110 days with respect to
each direct final rule issued by the Secretary under
subparagraph (A)(i).
``(C) Withdrawal of direct final rules.--
``(i) In general.--Not later than 120 days after the date
on which a direct final rule issued under subparagraph (A)(i)
is published in the Federal Register, the Secretary shall
withdraw the direct final rule if--
``(I) the Secretary receives 1 or more adverse public
comments relating to the direct final rule under subparagraph
(B)(i) or any alternative joint recommendation; and
``(II) based on the rulemaking record relating to the
direct final rule, the Secretary determines that such adverse
public comments or alternative joint recommendation may
provide a reasonable basis for withdrawing the direct final
rule under subsection (o), section 342(a)(6)(B), or any other
applicable law.
``(ii) Action on withdrawal.--On withdrawal of a direct
final rule under clause (i), the Secretary shall--
``(I) proceed with the notice of proposed rulemaking
published simultaneously with the direct final rule as
described in subparagraph (A)(i); and
``(II) publish in the Federal Register the reasons why the
direct final rule was withdrawn.
``(iii) Treatment of withdrawn direct final rules.--A
direct final rule that is withdrawn under clause (i) shall
not be considered to be a final rule for purposes of
subsection (o).
``(D) Effect of paragraph.--Nothing in this paragraph
authorizes the Secretary to issue a direct final rule based
solely on receipt of more than 1 statement containing
recommended standards relating to the direct final rule.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
in the first sentence by inserting ``section 325(p)(5),''
after ``The provisions of''.
SEC. 309. BATTERY CHARGERS.
Section 325(u)(1)(E) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(u)(1)(E)) is amended--
(1) by striking ``(E)(i) Not'' and inserting the following:
``(E) External power supplies and battery chargers.--
``(i) Energy conservation standards.--
``(I) External power supplies.--Not'';
(2) by striking ``3 years'' and inserting ``2 years'';
(3) by striking ``battery chargers and'' each place it
appears; and
(4) by adding at the end the following :
``(II) Battery chargers.--Not later than July 1, 2011, the
Secretary shall issue a final rule that prescribes energy
conservation standards for battery chargers or classes of
battery chargers or determine that no energy conservation
standard is technically feasible and economically
justified.''.
SEC. 310. STANDBY MODE.
Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) is amended--
(1) in subsection (u)--
(A) by striking paragraphs (2), (3), and (4); and
(B) by redesignating paragraph (5) and (6) as paragraphs
(2) and (3), respectively;
(2) by redesignating subsection (gg) as subsection (hh);
(3) by inserting after subsection (ff) the following:
``(gg) Standby Mode Energy Use.--
``(1) Definitions.--
``(A) In general.--Unless the Secretary determines
otherwise pursuant to subparagraph (B), in this subsection:
``(i) Active mode.--The term `active mode' means the
condition in which an energy-using product--
[[Page H16678]]
``(I) is connected to a main power source;
``(II) has been activated; and
``(III) provides 1 or more main functions.
``(ii) Off mode.--The term `off mode' means the condition
in which an energy-using product--
``(I) is connected to a main power source; and
``(II) is not providing any standby or active mode
function.
``(iii) Standby mode.--The term `standby mode' means the
condition in which an energy-using product--
``(I) is connected to a main power source; and
``(II) offers 1 or more of the following user-oriented or
protective functions:
``(aa) To facilitate the activation or deactivation of
other functions (including active mode) by remote switch
(including remote control), internal sensor, or timer.
``(bb) Continuous functions, including information or
status displays (including clocks) or sensor-based functions.
``(B) Amended definitions.--The Secretary may, by rule,
amend the definitions under subparagraph (A), taking into
consideration the most current versions of Standards 62301
and 62087 of the International Electrotechnical Commission.
``(2) Test procedures.--
``(A) In general.--Test procedures for all covered products
shall be amended pursuant to section 323 to include standby
mode and off mode energy consumption, taking into
consideration the most current versions of Standards 62301
and 62087 of the International Electrotechnical Commission,
with such energy consumption integrated into the overall
energy efficiency, energy consumption, or other energy
descriptor for each covered product, unless the Secretary
determines that--
``(i) the current test procedures for a covered product
already fully account for and incorporate the standby mode
and off mode energy consumption of the covered product; or
``(ii) such an integrated test procedure is technically
infeasible for a particular covered product, in which case
the Secretary shall prescribe a separate standby mode and off
mode energy use test procedure for the covered product, if
technically feasible.
``(B) Deadlines.--The test procedure amendments required by
subparagraph (A) shall be prescribed in a final rule no later
than the following dates:
``(i) December 31, 2008, for battery chargers and external
power supplies.
``(ii) March 31, 2009, for clothes dryers, room air
conditioners, and fluorescent lamp ballasts.
``(iii) June 30, 2009, for residential clothes washers.
``(iv) September 30, 2009, for residential furnaces and
boilers.
``(v) March 31, 2010, for residential water heaters, direct
heating equipment, and pool heaters.
``(vi) March 31, 2011, for residential dishwashers, ranges
and ovens, microwave ovens, and dehumidifiers.
``(C) Prior product standards.--The test procedure
amendments adopted pursuant to subparagraph (B) shall not be
used to determine compliance with product standards
established prior to the adoption of the amended test
procedures.
``(3) Incorporation into standard.--
``(A) In general.--Subject to subparagraph (B), based on
the test procedures required under paragraph (2), any final
rule establishing or revising a standard for a covered
product, adopted after July 1, 2010, shall incorporate
standby mode and off mode energy use into a single amended or
new standard, pursuant to subsection (o), if feasible.
``(B) Separate standards.--If not feasible, the Secretary
shall prescribe within the final rule a separate standard for
standby mode and off mode energy consumption, if justified
under subsection (o).''; and
(4) in paragraph (2) of subsection (hh) (as redesignated by
paragraph (2)) , by striking ``(ff)'' each place it appears
and inserting ``(gg)''.
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Appliances.--
(1) Dehumidifiers.--Section 325(cc) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(cc)) is amended by
striking paragraph (2) and inserting the following:
``(2) Dehumidifiers manufactured on or after october 1,
2012.--Dehumidifiers manufactured on or after October 1,
2012, shall have an Energy Factor that meets or exceeds the
following values:
``Product Capacity (pints/day): Minimum Energy Factor (liters/
KWh)
Up to 35.00.......................... 1.35
35.01-45.00.......................... 1.50
45.01-54.00.......................... 1.60
54.01-75.00.......................... 1.70
Greater than 75.00................... 2.5.''.
(2) Residential clothes washers and residential
dishwashers.--Section 325(g) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(g)) is amended by adding at
the end the following:
``(9) Residential clothes washers manufactured on or after
january 1, 2011.--
``(A) In general.--A top-loading or front-loading standard-
size residential clothes washer manufactured on or after
January 1, 2011, shall have--
``(i) a Modified Energy Factor of at least 1.26; and
``(ii) a water factor of not more than 9.5.
``(B) Amendment of standards.--
``(i) In general.--Not later than December 31, 2011, the
Secretary shall publish a final rule determining whether to
amend the standards in effect for clothes washers
manufactured on or after January 1, 2015.
``(ii) Amended standards.--The final rule shall contain any
amended standards.
``(10) Residential dishwashers manufactured on or after
january 1, 2010.--
``(A) In general.--A dishwasher manufactured on or after
January 1, 2010, shall--
``(i) for a standard size dishwasher not exceed 355 kwh/
year and 6.5 gallon per cycle; and
``(ii) for a compact size dishwasher not exceed 260 kwh/
year and 4.5 gallons per cycle.
``(B) Amendment of standards.--
``(i) In general.--Not later than January 1, 2015, the
Secretary shall publish a final rule determining whether to
amend the standards for dishwashers manufactured on or after
January 1, 2018.
``(ii) Amended standardshe final rule shall contain any
amended standards.''.
(3) Refrigerators and freezers.--Section 325(b) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is
amended by adding at the end the following:
``(4) Refrigerators and freezers manufactured on or after
january 1, 2014.--
``(A) In general.--Not later than December 31, 2010, the
Secretary shall publish a final rule determining whether to
amend the standards in effect for refrigerators,
refrigerator-freezers, and freezers manufactured on or after
January 1, 2014.
``(B) Amended standards.--The final rule shall contain any
amended standards.''.
(b) Energy Star.--Section 324A(d)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by
striking ``January 1, 2010'' and inserting ``July 1, 2009''.
SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.
(a) Definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (G) through (K) as
subparagraphs (H) through (L), respectively; and
(B) by inserting after subparagraph (F) the following:
``(G) Walk-in coolers and walk-in freezers.'';
(2) by redesignating paragraphs (20) and (21) as paragraphs
(21) and (22), respectively; and
(3) by inserting after paragraph (19) the following:
``(20) Walk-in cooler; walk-in freezer.--
``(A) In general.--The terms `walk-in cooler' and `walk-in
freezer' mean an enclosed storage space refrigerated to
temperatures, respectively, above, and at or below 32 degrees
Fahrenheit that can be walked into, and has a total chilled
storage area of less than 3,000 square feet.
``(B) Exclusion.--The terms `walk-in cooler' and `walk-in
freezer' do not include products designed and marketed
exclusively for medical, scientific, or research purposes.''.
(b) Standards.--Section 342 of the Energy Policy and
Conservation Act (42 U.S.C. 6313) is amended by adding at the
end the following:
``(f) Walk-in Coolers and Walk-in Freezers.--
``(1) In general.--Subject to paragraphs (2) through (5),
each walk-in cooler or walk-in freezer manufactured on or
after January 1, 2009, shall--
``(A) have automatic door closers that firmly close all
walk-in doors that have been closed to within 1 inch of full
closure, except that this subparagraph shall not apply to
doors wider than 3 feet 9 inches or taller than 7 feet;
``(B) have strip doors, spring hinged doors, or other
method of minimizing infiltration when doors are open;
``(C) contain wall, ceiling, and door insulation of at
least R-25 for coolers and R-32 for freezers, except that
this subparagraph shall not apply to glazed portions of doors
nor to structural members;
``(D) contain floor insulation of at least R-28 for
freezers;
``(E) for evaporator fan motors of under 1 horsepower and
less than 460 volts, use--
``(i) electronically commutated motors (brushless direct
current motors); or
``(ii) 3-phase motors;
``(F) for condenser fan motors of under 1 horsepower, use--
``(i) electronically commutated motors;
``(ii) permanent split capacitor-type motors; or
``(iii) 3-phase motors; and
``(G) for all interior lights, use light sources with an
efficacy of 40 lumens per watt or more, including ballast
losses (if any), except that light sources with an efficacy
of 40 lumens per watt or less, including ballast losses (if
any), may be used in conjunction with a timer or device that
turns off the lights within 15 minutes of when the walk-in
cooler or walk-in freezer is not occupied by people.
``(2) Electronically commutated motors.--
``(A) In general.--The requirements of paragraph (1)(E)(i)
for electronically commutated motors shall take effect
January 1, 2009, unless, prior to that date, the Secretary
determines that
[[Page H16679]]
such motors are only available from 1 manufacturer.
``(B) Other types of motors.--In carrying out paragraph
(1)(E)(i) and subparagraph (A), the Secretary may allow other
types of motors if the Secretary determines that, on average,
those other motors use no more energy in evaporator fan
applications than electronically commutated motors.
``(C) Maximum energy consumption level.--The Secretary
shall establish the maximum energy consumption level under
subparagraph (B) not later than January 1, 2010.
``(3) Additional specifications.--Each walk-in cooler or
walk-in freezer with transparent reach-in doors manufactured
on or after January 1, 2009, shall also meet the following
specifications:
``(A) Transparent reach-in doors for walk-in freezers and
windows in walk-in freezer doors shall be of triple-pane
glass with either heat-reflective treated glass or gas fill.
``(B) Transparent reach-in doors for walk-in coolers and
windows in walk-in cooler doors shall be--
``(i) double-pane glass with heat-reflective treated glass
and gas fill; or
``(ii) triple-pane glass with either heat-reflective
treated glass or gas fill.
``(C) If the appliance has an antisweat heater without
antisweat heat controls, the appliance shall have a total
door rail, glass, and frame heater power draw of not more
than 7.1 watts per square foot of door opening (for freezers)
and 3.0 watts per square foot of door opening (for coolers).
``(D) If the appliance has an antisweat heater with
antisweat heat controls, and the total door rail, glass, and
frame heater power draw is more than 7.1 watts per square
foot of door opening (for freezers) and 3.0 watts per square
foot of door opening (for coolers), the antisweat heat
controls shall reduce the energy use of the antisweat heater
in a quantity corresponding to the relative humidity in the
air outside the door or to the condensation on the inner
glass pane.
``(4) Performance-based standards.--
``(A) In general.--Not later than January 1, 2012, the
Secretary shall publish performance-based standards for walk-
in coolers and walk-in freezers that achieve the maximum
improvement in energy that the Secretary determines is
technologically feasible and economically justified.
``(B) Application.--
``(i) In general.--Except as provided in clause (ii), the
standards shall apply to products described in subparagraph
(A) that are manufactured beginning on the date that is 3
years after the final rule is published.
``(ii) Delayed effective date.--If the Secretary
determines, by rule, that a 3-year period is inadequate, the
Secretary may establish an effective date for products
manufactured beginning on the date that is not more than 5
years after the date of publication of a final rule for the
products.
``(5) Amendment of standards.--
``(A) In general.--Not later than January 1, 2020, the
Secretary shall publish a final rule to determine if the
standards established under paragraph (4) should be amended.
``(B) Application.--
``(i) In general.--Except as provided in clause (ii), the
rule shall provide that the standards shall apply to products
manufactured beginning on the date that is 3 years after the
final rule is published.
``(ii) Delayed effective date.--If the Secretary
determines, by rule, that a 3-year period is inadequate, the
Secretary may establish an effective date for products
manufactured beginning on the date that is not more than 5
years after the date of publication of a final rule for the
products.''.
(c) Test Procedures.--Section 343(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6314(a)) is amended by adding
at the end the following:
``(9) Walk-in coolers and walk-in freezers.--
``(A) In general.--For the purpose of test procedures for
walk-in coolers and walk-in freezers:
``(i) The R value shall be the 1/K factor multiplied by the
thickness of the panel.
``(ii) The K factor shall be based on ASTM test procedure
C518-2004.
``(iii) For calculating the R value for freezers, the K
factor of the foam at 20F (average foam temperature) shall
be used.
``(iv) For calculating the R value for coolers, the K
factor of the foam at 55F (average foam temperature) shall
be used.
``(B) Test procedure.--
``(i) In general.--Not later than January 1, 2010, the
Secretary shall establish a test procedure to measure the
energy-use of walk-in coolers and walk-in freezers.
``(ii) Computer modeling.--The test procedure may be based
on computer modeling, if the computer model or models have
been verified using the results of laboratory tests on a
significant sample of walk-in coolers and walk-in
freezers.''.
(d) Labeling.--Section 344(e) of the Energy Policy and
Conservation Act (42 U.S.C. 6315(e)) is amended by inserting
``walk-in coolers and walk-in freezers,'' after ``commercial
clothes washers,'' each place it appears.
(e) Administration, Penalties, Enforcement, and
Preemption.--Section 345 of the Energy Policy and
Conservation Act (42 U.S.C. 6316) is amended--
(1) by striking ``subparagraphs (B), (C), (D), (E), and
(F)'' each place it appears and inserting ``subparagraphs (B)
through (G)''; and
(2) by adding at the end the following:
``(h) Walk-in Coolers and Walk-in Freezers.--
``(1) Covered types.--
``(A) Relationship to other law.--
``(i) In general.--Except as otherwise provided in this
subsection, section 327 shall apply to walk-in coolers and
walk-in freezers for which standards have been established
under paragraphs (1), (2), and (3) of section 342(f) to the
same extent and in the same manner as the section applies
under part A on the date of enactment of this subsection.
``(ii) State standards.--Any State standard prescribed
before the date of enactment of this subsection shall not be
preempted until the standards established under paragraphs
(1) and (2) of section 342(f) take effect.
``(B) Administration.--In applying section 327 to equipment
under subparagraph (A), paragraphs (1), (2), and (3) of
subsection (a) shall apply.
``(2) Final rule not timely.--
``(A) In general.--If the Secretary does not issue a final
rule for a specific type of walk-in cooler or walk-in freezer
within the time frame established under paragraph (4) or (5)
of section 342(f), subsections (b) and (c) of section 327
shall no longer apply to the specific type of walk-in cooler
or walk-in freezer during the period--
``(i) beginning on the day after the scheduled date for a
final rule; and
``(ii) ending on the date on which the Secretary publishes
a final rule covering the specific type of walk-in cooler or
walk-in freezer.
``(B) State standards.--Any State standard issued before
the publication of the final rule shall not be preempted
until the standards established in the final rule take
effect.
``(3) California.--Any standard issued in the State of
California before January 1, 2011, under title 20 of the
California Code of Regulations, that refers to walk-in
coolers and walk-in freezers, for which standards have been
established under paragraphs (1), (2), and (3) of section
342(f), shall not be preempted until the standards
established under section 342(f)(3) take effect.''.
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by striking ``(13)(A)'' and all that follows through
the end of subparagraph (A) and inserting the following:
``(13) Electric motor.--
``(A) General purpose electric motor (subtype i).--The term
`general purpose electric motor (subtype I)' means any motor
that meets the definition of `General Purpose' as established
in the final rule issued by the Department of Energy entitled
`Energy Efficiency Program for Certain Commercial and
Industrial Equipment: Test Procedures, Labeling, and
Certification Requirements for Electric Motors' (10 C.F.R.
431), as in effect on the date of enactment of the Energy
Independence and Security Act of 2007.
``(B) General purpose electric motor (subtype ii).--The
term `general purpose electric motor (subtype II)' means
motors incorporating the design elements of a general purpose
electric motor (subtype I) that are configured as 1 of the
following:
``(i) A U-Frame Motor.
``(ii) A Design C Motor.
``(iii) A close-coupled pump motor.
``(iv) A Footless motor.
``(v) A vertical solid shaft normal thrust motor (as tested
in a horizontal configuration).
``(vi) An 8-pole motor (900 rpm).
``(vii) A poly-phase motor with voltage of not more than
600 volts (other than 230 or 460 volts.''.
(b) Standards.--
(1) Amendment.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Electric motors.--
``(A) General purpose electric motors (subtype i).--Except
as provided in subparagraph (B), each general purpose
electric motor (subtype I) with a power rating of 1
horsepower or greater, but not greater than 200 horsepower,
manufactured (alone or as a component of another piece of
equipment) after the 3-year period beginning on the date of
enactment of the Energy Independence and Security Act of
2007, shall have a nominal full load efficiency that is not
less than as defined in NEMA MG-1 (2006) Table 12-12.
``(B) Fire pump motors.--Each fire pump motor manufactured
(alone or as a component of another piece of equipment) after
the 3-year period beginning on the date of enactment of the
Energy Independence and Security Act of 2007 shall have
nominal full load efficiency that is not less than as defined
in NEMA MG-1 (2006) Table 12-11.
``(C) General purpose electric motors (subtype ii).--Each
general purpose electric motor (subtype II) with a power
rating of 1 horsepower or greater, but not greater than 200
horsepower, manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the
date of enactment of the Energy Independence and Security Act
of 2007, shall have a nominal full load efficiency that is
not less than as defined in NEMA MG-1 (2006) Table 12-11.
``(D) NEMA design b, general purpose electric motors.--Each
NEMA Design B, general purpose electric motor with a power
rating of more than 200 horsepower, but not greater than 500
horsepower, manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the
date of enactment of the Energy Independence and Security Act
of 2007, shall have a nominal full
[[Page H16680]]
load efficiency that is not less than as defined in NEMA MG-1
(2006) Table 12-11.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 3 years after the date of
enactment of this Act.
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR
CONDITIONERS AND HEAT PUMPS.
(a) Definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended by adding at the
end the following:
``(22) Single package vertical air conditioner.--The term
`single package vertical air conditioner' means air-cooled
commercial package air conditioning and heating equipment
that--
``(A) is factory-assembled as a single package that--
``(i) has major components that are arranged vertically;
``(ii) is an encased combination of cooling and optional
heating components; and
``(iii) is intended for exterior mounting on, adjacent
interior to, or through an outside wall;
``(B) is powered by a single- or 3-phase current;
``(C) may contain 1 or more separate indoor grilles,
outdoor louvers, various ventilation options, indoor free air
discharges, ductwork, well plenum, or sleeves; and
``(D) has heating components that may include electrical
resistance, steam, hot water, or gas, but may not include
reverse cycle refrigeration as a heating means.
``(23) Single package vertical heat pump.--The term `single
package vertical heat pump' means a single package vertical
air conditioner that--
``(A) uses reverse cycle refrigeration as its primary heat
source; and
``(B) may include secondary supplemental heating by means
of electrical resistance, steam, hot water, or gas.''.
(b) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended--
(1) in the first sentence of each of paragraphs (1) and
(2), by inserting ``(including single package vertical air
conditioners and single package vertical heat pumps)'' after
``heating equipment'' each place it appears;
(2) in paragraph (1), by striking ``but before January 1,
2010,'';
(3) in the first sentence of each of paragraphs (7), (8),
and (9), by inserting ``(other than single package vertical
air conditioners and single package vertical heat pumps)''
after ``heating equipment'' each place it appears;
(4) in paragraph (7)--
(A) by striking ``manufactured on or after January 1,
2010,'';
(B) in each of subparagraphs (A), (B), and (C), by striking
``The'' and inserting ``For equipment manufactured on or
after January 1, 2010, the''; and
(C) by adding at the end the following:
``(D) For equipment manufactured on or after the later of
January 1, 2008, or the date that is 180 days after the date
of enactment of the Energy Independence and Security Act of
2007--
``(i) the minimum seasonal energy efficiency ratio of air-
cooled 3-phase electric central air conditioners and central
air conditioning heat pumps less than 65,000 Btu per hour
(cooling capacity), split systems, shall be 13.0;
``(ii) the minimum seasonal energy efficiency ratio of air-
cooled 3-phase electric central air conditioners and central
air conditioning heat pumps less than 65,000 Btu per hour
(cooling capacity), single package, shall be 13.0;
``(iii) the minimum heating seasonal performance factor of
air-cooled 3-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity), split
systems, shall be 7.7; and
``(iv) the minimum heating seasonal performance factor of
air-cooled three-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity),
single package, shall be 7.7.''; and
(5) by adding at the end the following:
``(10) Single package vertical air conditioners and single
package vertical heat pumps.--
``(A) In general.--Single package vertical air conditioners
and single package vertical heat pumps manufactured on or
after January 1, 2010, shall meet the following standards:
``(i) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), single-phase, shall be 9.0.
``(ii) The minimum energy efficiency ratio of single
package vertical air conditioners less than 65,000 Btu per
hour (cooling capacity), three-phase, shall be 9.0.
``(iii) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 65,000 Btu per
hour (cooling capacity) but less than 135,000 Btu per hour
(cooling capacity), shall be 8.9.
``(iv) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 135,000 Btu per
hour (cooling capacity) but less than 240,000 Btu per hour
(cooling capacity), shall be 8.6.
``(v) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), single-phase, shall be 9.0 and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(vi) The minimum energy efficiency ratio of single
package vertical heat pumps less than 65,000 Btu per hour
(cooling capacity), three-phase, shall be 9.0 and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(vii) The minimum energy efficiency ratio of single
package vertical heat pumps at or above 65,000 Btu per hour
(cooling capacity) but less than 135,000 Btu per hour
(cooling capacity), shall be 8.9 and the minimum coefficient
of performance in the heating mode shall be 3.0.
``(viii) The minimum energy efficiency ratio of single
package vertical heat pumps at or above 135,000 Btu per hour
(cooling capacity) but less than 240,000 Btu per hour
(cooling capacity), shall be 8.6 and the minimum coefficient
of performance in the heating mode shall be 2.9.
``(B) Review.--Not later than 3 years after the date of
enactment of this paragraph, the Secretary shall review the
most recently published ASHRAE/IES Standard 90.1 with respect
to single package vertical air conditioners and single
package vertical heat pumps in accordance with the procedures
established under paragraph (6).''.
SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND
BUILDINGS IN COLD CLIMATES.
(a) Research.--Section 911(a)(2) of the Energy Policy Act
of 2005 (42 U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in cold
climates, including combined heat and power units and
increased use of renewable resources, including fuel.''.
(b) Rebates.--Section 124 of the Energy Policy Act of 2005
(42 U.S.C. 15821) is amended--
(1) in subsection (b)(1), by inserting ``, or products with
improved energy efficiency in cold climates,'' after
``residential Energy Star products''; and
(2) in subsection (e), by inserting ``or product with
improved energy efficiency in a cold climate'' after
``residential Energy Star product'' each place it appears.
SEC. 316. TECHNICAL CORRECTIONS.
(a) Definition of F96T12 Lamp.--
(1) In general.--Section 135(a)(1)(A)(ii) of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 624) is
amended by striking ``C78.1-1978 (R1984)'' and inserting
``C78.3-1978 (R1984)''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on August 8, 2005.
(b) Definition of Fluorescent Lamp.--Section
321(30)(B)(viii) of the Energy Policy and Conservation Act
(42 U.S.C. 6291(30)(B)(viii)) is amended by striking ``82''
and inserting ``87''.
(c) Mercury Vapor Lamp Ballasts.--
(1) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
301(a)(2)) is amended--
(A) by striking paragraphs (46) through (48) and inserting
the following:
``(46) High intensity discharge lamp.--
``(A) In general.--The term `high intensity discharge lamp'
means an electric-discharge lamp in which--
``(i) the light-producing arc is stabilized by the arc tube
wall temperature; and
``(ii) the arc tube wall loading is in excess of 3 Watts/
cm\2\.
``(B) Inclusions.--The term `high intensity discharge lamp'
includes mercury vapor, metal halide, and high-pressure
sodium lamps described in subparagraph (A).
``(47) Mercury vapor lamp.--
``(A) In general.--The term `mercury vapor lamp' means a
high intensity discharge lamp in which the major portion of
the light is produced by radiation from mercury typically
operating at a partial vapor pressure in excess of 100,000 Pa
(approximately 1 atm).
``(B) Inclusions.--The term `mercury vapor lamp' includes
clear, phosphor-coated, and self-ballasted screw base lamps
described in subparagraph (A).
``(48) Mercury vapor lamp ballast.--The term `mercury vapor
lamp ballast' means a device that is designed and marketed to
start and operate mercury vapor lamps intended for general
illumination by providing the necessary voltage and
current.''; and
(B) by adding at the end the following:
``(53) Specialty application mercury vapor lamp ballast.--
The term `specialty application mercury vapor lamp ballast'
means a mercury vapor lamp ballast that--
``(A) is designed and marketed for operation of mercury
vapor lamps used in quality inspection, industrial
processing, or scientific use, including fluorescent
microscopy and ultraviolet curing; and
``(B) in the case of a specialty application mercury vapor
lamp ballast, the label of which--
``(i) provides that the specialty application mercury vapor
lamp ballast is `For specialty applications only, not for
general illumination'; and
``(ii) specifies the specific applications for which the
ballast is designed.''.
(2) Standard setting authority.--Section 325(ee) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is
amended by inserting ``(other than specialty application
mercury vapor lamp ballasts)'' after ``ballasts''.
(d) Energy Conservation Standards.--Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended--
(1) in subsection (v)--
(A) in the subsection heading, by striking ``Ceiling Fans
and'';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (ff)--
(A) in paragraph (1)(A)--
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause (iii); and
(iii) in clause (iii)(II) (as so redesignated), by
inserting ``fans sold for'' before ``outdoor''; and
(B) in paragraph (4)(C)--
(i) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraph (A)''; and
[[Page H16681]]
(ii) by striking clause (ii) and inserting the following:
``(ii) shall be packaged with lamps to fill all sockets.'';
(C) in paragraph (6), by redesignating subparagraphs (C)
and (D) as clauses (i) and (ii), respectively, of
subparagraph (B); and
(D) in paragraph (7), by striking ``327'' the second place
it appears and inserting ``324''.
Subtitle B--Lighting Energy Efficiency
SEC. 321. EFFICIENT LIGHT BULBS.
(a) Energy Efficiency Standards for General Service
Incandescent Lamps.--
(1) Definition of general service incandescent lamp.--
Section 321(30) of the Energy Policy and Conservation Act (42
U.S.C. 6291(30)) is amended--
(A) by striking subparagraph (D) and inserting the
following:
``(D) General service incandescent lamp.--
``(i) In general.--The term `general service incandescent
lamp' means a standard incandescent or halogen type lamp
that--
``(I) is intended for general service applications;
``(II) has a medium screw base;
``(III) has a lumen range of not less than 310 lumens and
not more than 2,600 lumens; and
``(IV) is capable of being operated at a voltage range at
least partially within 110 and 130 volts.
``(ii) Exclusions.--The term `general service incandescent
lamp' does not include the following incandescent lamps:
``(I) An appliance lamp.
``(II) A black light lamp.
``(III) A bug lamp.
``(IV) A colored lamp.
``(V) An infrared lamp.
``(VI) A left-hand thread lamp.
``(VII) A marine lamp.
``(VIII) A marine signal service lamp.
``(IX) A mine service lamp.
``(X) A plant light lamp.
``(XI) A reflector lamp.
``(XII) A rough service lamp.
``(XIII) A shatter-resistant lamp (including a shatter-
proof lamp and a shatter-protected lamp).
``(XIV) A sign service lamp.
``(XV) A silver bowl lamp.
``(XVI) A showcase lamp.
``(XVII) A 3-way incandescent lamp.
``(XVIII) A traffic signal lamp.
``(XIX) A vibration service lamp.
``(XX) A G shape lamp (as defined in ANSI C78.20-2003 and
C79.1-2002 with a diameter of 5 inches or more.
``(XXI) A T shape lamp (as defined in ANSI C78.20-2003 and
C79.1-2002) and that uses not more than 40 watts or has a
length of more than 10 inches.
``(XXII) A B, BA, CA, F, G16-1/2, G-25, G30, S, or M-14
lamp (as defined in ANSI C79.1-2002 and ANSI C78.20-2003) of
40 watts or less.''; and
(B) by adding at the end the following:
``(T) Appliance lamp.--The term `appliance lamp' means any
lamp that--
``(i) is specifically designed to operate in a household
appliance, has a maximum wattage of 40 watts, and is sold at
retail, including an oven lamp, refrigerator lamp, and vacuum
cleaner lamp; and
``(ii) is designated and marketed for the intended
application, with--
``(I) the designation on the lamp packaging; and
``(II) marketing materials that identify the lamp as being
for appliance use.
``(U) Candelabra base incandescent lamp.--The term
`candelabra base incandescent lamp' means a lamp that uses
candelabra screw base as described in ANSI C81.61-2006,
Specifications for Electric Bases, common designations E11
and E12.
``(V) Intermediate base incandescent lamp.--The term
`intermediate base incandescent lamp' means a lamp that uses
an intermediate screw base as described in ANSI C81.61-2006,
Specifications for Electric Bases, common designation E17.
``(W) Modified spectrum.--The term `modified spectrum'
means, with respect to an incandescent lamp, an incandescent
lamp that--
``(i) is not a colored incandescent lamp; and
``(ii) when operated at the rated voltage and wattage of
the incandescent lamp--
``(I) has a color point with (x,y) chromaticity coordinates
on the Commission Internationale de l'Eclairage (C.I.E.) 1931
chromaticity diagram that lies below the black-body locus;
and
``(II) has a color point with (x,y) chromaticity
coordinates on the C.I.E. 1931 chromaticity diagram that lies
at least 4 MacAdam steps (as referenced in IESNA LM16)
distant from the color point of a clear lamp with the same
filament and bulb shape, operated at the same rated voltage
and wattage.
``(X) Rough service lamp.--The term `rough service lamp'
means a lamp that--
``(i) has a minimum of 5 supports with filament
configurations that are C-7A, C-11, C-17, and C-22 as listed
in Figure 6-12 of the 9th edition of the IESNA Lighting
handbook, or similar configurations where lead wires are not
counted as supports; and
``(ii) is designated and marketed specifically for `rough
service' applications, with--
``(I) the designation appearing on the lamp packaging; and
``(II) marketing materials that identify the lamp as being
for rough service.
``(Y) 3-way incandescent lamp.--The term `3-way
incandescent lamp' includes an incandescent lamp that--
``(i) employs 2 filaments, operated separately and in
combination, to provide 3 light levels; and
``(ii) is designated on the lamp packaging and marketing
materials as being a 3-way incandescent lamp.
``(Z) Shatter-resistant lamp, shatter-proof lamp, or
shatter-protected lamp.--The terms `shatter-resistant lamp',
`shatter-proof lamp', and `shatter-protected lamp' mean a
lamp that--
``(i) has a coating or equivalent technology that is
compliant with NSF/ANSI 51 and is designed to contain the
glass if the glass envelope of the lamp is broken; and
``(ii) is designated and marketed for the intended
application, with--
``(I) the designation on the lamp packaging; and
``(II) marketing materials that identify the lamp as being
shatter-resistant, shatter-proof, or shatter-protected.
``(AA) Vibration service lamp.--The term `vibration service
lamp' means a lamp that--
``(i) has filament configurations that are C-5, C-7A, or C-
9, as listed in Figure 6-12 of the 9th Edition of the IESNA
Lighting Handbook or similar configurations;
``(ii) has a maximum wattage of 60 watts;
``(iii) is sold at retail in packages of 2 lamps or less;
and
``(iv) is designated and marketed specifically for
vibration service or vibration-resistant applications, with--
``(I) the designation appearing on the lamp packaging; and
``(II) marketing materials that identify the lamp as being
vibration service only.
``(BB) General service lamp.--
``(i) In general.--The term `general service lamp'
includes--
``(I) general service incandescent lamps;
``(II) compact fluorescent lamps;
``(III) general service light-emitting diode (LED or OLED)
lamps; and
``(IV) any other lamps that the Secretary determines are
used to satisfy lighting applications traditionally served by
general service incandescent lamps.
``(ii) Exclusions.--The term `general service lamp' does
not include--
``(I) any lighting application or bulb shape described in
any of subclauses (I) through (XXII) of subparagraph (D)(ii);
or
``(II) any general service fluorescent lamp or incandescent
reflector lamp.
``(CC) Light-emitting diode; led.--
``(i) In general.--The terms `light-emitting diode' and
`LED' means a p-n junction solid state device the radiated
output of which is a function of the physical construction,
material used, and exciting current of the device.
``(ii) Output.--The output of a light-emitting diode may be
in--
``(I) the infrared region;
``(II) the visible region; or
``(III) the ultraviolet region.
``(DD) Organic light-emitting diode; oled.--The terms
`organic light-emitting diode' and `OLED' mean a thin-film
light-emitting device that typically consists of a series of
organic layers between 2 electrical contacts (electrodes).
``(EE) Colored incandescent lamp.--The term `colored
incandescent lamp' means an incandescent lamp designated and
marketed as a colored lamp that has--
``(i) a color rendering index of less than 50, as
determined according to the test method given in C.I.E.
publication 13.3-1995; or
``(ii) a correlated color temperature of less than 2,500K,
or greater than 4,600K, where correlated temperature is
computed according to the Journal of Optical Society of
America, Vol. 58, pages 1528-1595 (1986).''.
(2) Coverage.--Section 322(a)(14) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)(14)) is amended by
inserting ``, general service incandescent lamps,'' after
``fluorescent lamps''.
(3) Energy conservation standards.--Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended--
(A) in subsection (i)--
(i) in the section heading, by inserting ``, General
Service Incandescent Lamps, Intermediate Base Incandescent
Lamps, Candelabra Base Incandescent Lamps,'' after
``Fluorescent Lamps'';
(ii) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by inserting ``, general service incandescent lamps,
intermediate base incandescent lamps, candelabra base
incandescent lamps,'' after ``fluorescent lamps'';
(bb) by inserting ``, new maximum wattage,'' after ``lamp
efficacy''; and
(cc) by inserting after the table entitled ``incandescent
reflector lamps'' the following:
``GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Maximum Rate
Rated Lumen Ranges Wattage Minimum Rate Lifetime Effective Date
----------------------------------------------------------------------------------------------------------------
1490-2600 72 1,000 hrs 1/1/2012
1050-1489 53 1,000 hrs 1/1/2013
750-1049 43 1,000 hrs 1/1/2014
[[Page H16682]]
310-749 29 1,000 hrs 1/1/2014
----------------------------------------------------------------------------------------------------------------
``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Maximum Rate
Rated Lumen Ranges Wattage Minimum Rate Lifetime Effective Date
----------------------------------------------------------------------------------------------------------------
1118-1950 72 1,000 hrs 1/1/2012
788-1117 53 1,000 hrs 1/1/2013
563-787 43 1,000 hrs 1/1/2014
232-562 29 1,000 hrs 1/1/2014'';
----------------------------------------------------------------------------------------------------------------
and
(II) by striking subparagraph (B) and inserting the
following:
``(B) Application.--
``(i) Application criteria.--This subparagraph applies to
each lamp that--
``(I) is intended for a general service or general
illumination application (whether incandescent or not);
``(II) has a medium screw base or any other screw base not
defined in ANSI C81.61-2006;
``(III) is capable of being operated at a voltage at least
partially within the range of 110 to 130 volts; and
``(IV) is manufactured or imported after December 31, 2011.
``(ii) Requirement.--For purposes of this paragraph, each
lamp described in clause (i) shall have a color rendering
index that is greater than or equal to--
``(I) 80 for nonmodified spectrum lamps; or
``(II) 75 for modified spectrum lamps.
``(C) Candelabra incandescent lamps and intermediate base
incandescent lamps.--
``(i) Candelabra base incandescent lamps.--A candelabra
base incandescent lamp shall not exceed 60 rated watts.
``(ii) Intermediate base incandescent lamps.--An
intermediate base incandescent lamp shall not exceed 40 rated
watts.
``(D) Exemptions.--
``(i) Petition.--Any person may petition the Secretary for
an exemption for a type of general service lamp from the
requirements of this subsection.
``(ii) Criteria.--The Secretary may grant an exemption
under clause (i) only to the extent that the Secretary finds,
after a hearing and opportunity for public comment, that it
is not technically feasible to serve a specialized lighting
application (such as a military, medical, public safety, or
certified historic lighting application) using a lamp that
meets the requirements of this subsection.
``(iii) Additional criterion.--To grant an exemption for a
product under this subparagraph, the Secretary shall include,
as an additional criterion, that the exempted product is
unlikely to be used in a general service lighting
application.
``(E) Extension of coverage.--
``(i) Petition.--Any person may petition the Secretary to
establish standards for lamp shapes or bases that are
excluded from the definition of general service lamps.
``(ii) Increased sales of exempted lamps.--The petition
shall include evidence that the availability or sales of
exempted incandescent lamps have increased significantly
since the date on which the standards on general service
incandescent lamps were established.
``(iii) Criteria.--The Secretary shall grant a petition
under clause (i) if the Secretary finds that--
``(I) the petition presents evidence that demonstrates that
commercial availability or sales of exempted incandescent
lamp types have increased significantly since the standards
on general service lamps were established and likely are
being widely used in general lighting applications; and
``(II) significant energy savings could be achieved by
covering exempted products, as determined by the Secretary
based on sales data provided to the Secretary from
manufacturers and importers.
``(iv) No presumption.--The grant of a petition under this
subparagraph shall create no presumption with respect to the
determination of the Secretary with respect to any criteria
under a rulemaking conducted under this section.
``(v) Expedited proceeding.--If the Secretary grants a
petition for a lamp shape or base under this subparagraph,
the Secretary shall--
``(I) conduct a rulemaking to determine standards for the
exempted lamp shape or base; and
``(II) complete the rulemaking not later than 18 months
after the date on which notice is provided granting the
petition.
``(F) Definition of effective date.--In this paragraph,
except as otherwise provided in a table contained in
subparagraph (A), the term `effective date' means the last
day of the month specified in the table that follows October
24, 1992.'';
(iii) in paragraph (5), in the first sentence, by striking
``and general service incandescent lamps'';
(iv) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(v) by inserting after paragraph (5) the following:
``(6) Standards for general service lamps.--
``(A) Rulemaking before january 1, 2014.--
``(i) In general.--Not later than January 1, 2014, the
Secretary shall initiate a rulemaking procedure to determine
whether--
``(I) standards in effect for general service lamps should
be amended to establish more stringent standards than the
standards specified in paragraph (1)(A); and
``(II) the exemptions for certain incandescent lamps should
be maintained or discontinued based, in part, on exempted
lamp sales collected by the Secretary from manufacturers.
``(ii) Scope.--The rulemaking--
``(I) shall not be limited to incandescent lamp
technologies; and
``(II) shall include consideration of a minimum standard of
45 lumens per watt for general service lamps.
``(iii) Amended standards.--If the Secretary determines
that the standards in effect for general service incandescent
lamps should be amended, the Secretary shall publish a final
rule not later than January 1, 2017, with an effective date
that is not earlier than 3 years after the date on which the
final rule is published.
``(iv) Phased-in effective dates.--The Secretary shall
consider phased-in effective dates under this subparagraph
after considering--
``(I) the impact of any amendment on manufacturers,
retiring and repurposing existing equipment, stranded
investments, labor contracts, workers, and raw materials; and
``(II) the time needed to work with retailers and lighting
designers to revise sales and marketing strategies.
``(v) Backstop requirement.--If the Secretary fails to
complete a rulemaking in accordance with clauses (i) through
(iv) or if the final rule does not produce savings that are
greater than or equal to the savings from a minimum efficacy
standard of 45 lumens per watt, effective beginning January
1, 2020, the Secretary shall prohibit the sale of any general
service lamp that does not meet a minimum efficacy standard
of 45 lumens per watt.
``(vi) State preemption.--Neither section 327(b) nor any
other provision of law shall preclude California or Nevada
from adopting, effective beginning on or after January 1,
2018--
``(I) a final rule adopted by the Secretary in accordance
with clauses (i) through (iv);
``(II) if a final rule described in subclause (I) has not
been adopted, the backstop requirement under clause (v); or
``(III) in the case of California, if a final rule
described in subclause (I) has not been adopted, any
California regulations relating to these covered products
adopted pursuant to State statute in effect as of the date of
enactment of the Energy Independence and Security Act of
2007.
``(B) Rulemaking before january 1, 2020.--
``(i) In general.--Not later than January 1, 2020, the
Secretary shall initiate a rulemaking procedure to determine
whether--
``(I) standards in effect for general service incandescent
lamps should be amended to reflect lumen ranges with more
stringent maximum wattage than the standards specified in
paragraph (1)(A); and
``(II) the exemptions for certain incandescent lamps should
be maintained or discontinued based, in part, on exempted
lamp sales data collected by the Secretary from
manufacturers.
``(ii) Scope.--The rulemaking shall not be limited to
incandescent lamp technologies.
``(iii) Amended standards.--If the Secretary determines
that the standards in effect for general service incandescent
lamps should be amended, the Secretary shall publish a final
rule not later than January 1, 2022, with an effective date
that is not earlier than 3 years after the date on which the
final rule is published.
``(iv) Phased-in effective dates.--The Secretary shall
consider phased-in effective dates under this subparagraph
after considering--
``(I) the impact of any amendment on manufacturers,
retiring and repurposing existing equipment, stranded
investments, labor contracts, workers, and raw materials; and
``(II) the time needed to work with retailers and lighting
designers to revise sales and marketing strategies.''; and
(B) in subsection (l), by adding at the end the following:
``(4) Energy efficiency standards for certain lamps.--
``(A) In general.--The Secretary shall prescribe an energy
efficiency standard for rough service lamps, vibration
service lamps, 3-way incandescent lamps, 2,601-3,300 lumen
general
[[Page H16683]]
service incandescent lamps, and shatter-resistant lamps only
in accordance with this paragraph.
``(B) Benchmarks.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary, in consultation
with the National Electrical Manufacturers Association,
shall--
``(i) collect actual data for United States unit sales for
each of calendar years 1990 through 2006 for each of the 5
types of lamps described in subparagraph (A) to determine the
historical growth rate of the type of lamp; and
``(ii) construct a model for each type of lamp based on
coincident economic indicators that closely match the
historical annual growth rate of the type of lamp to provide
a neutral comparison benchmark to model future unit sales
after calendar year 2006.
``(C) Actual sales data.--
``(i) In general.--Effective for each of calendar years
2010 through 2025, the Secretary, in consultation with the
National Electrical Manufacturers Association, shall--
``(I) collect actual United States unit sales data for each
of 5 types of lamps described in subparagraph (A); and
``(II) not later than 90 days after the end of each
calendar year, compare the lamp sales in that year with the
sales predicted by the comparison benchmark for each of the 5
types of lamps described in subparagraph (A).
``(ii) Continuation of tracking.--
``(I) Determination.--Not later than January 1, 2023, the
Secretary shall determine if actual sales data should be
tracked for the lamp types described in subparagraph (A)
after calendar year 2025.
``(II) Continuation.--If the Secretary finds that the
market share of a lamp type described in subparagraph (A)
could significantly erode the market share for general
service lamps, the Secretary shall continue to track the
actual sales data for the lamp type.
``(D) Rough service lamps.--
``(i) In general.--Effective beginning with the first year
that the reported annual sales rate for rough service lamps
demonstrates actual unit sales of rough service lamps that
achieve levels that are at least 100 percent higher than
modeled unit sales for that same year, the Secretary shall--
``(I) not later than 90 days after the end of the previous
calendar year, issue a finding that the index has been
exceeded; and
``(II) not later than the date that is 1 year after the end
of the previous calendar year, complete an accelerated
rulemaking to establish an energy conservation standard for
rough service lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with clause
(i)(II), effective beginning 1 year after the date of the
issuance of the finding under clause (i)(I), the Secretary
shall require rough service lamps to--
``(I) have a shatter-proof coating or equivalent technology
that is compliant with NSF/ANSI 51 and is designed to contain
the glass if the glass envelope of the lamp is broken and to
provide effective containment over the life of the lamp;
``(II) have a maximum 40-watt limitation; and
``(III) be sold at retail only in a package containing 1
lamp.
``(E) Vibration service lamps.--
``(i) In general.--Effective beginning with the first year
that the reported annual sales rate for vibration service
lamps demonstrates actual unit sales of vibration service
lamps that achieve levels that are at least 100 percent
higher than modeled unit sales for that same year, the
Secretary shall--
``(I) not later than 90 days after the end of the previous
calendar year, issue a finding that the index has been
exceeded; and
``(II) not later than the date that is 1 year after the end
of the previous calendar year, complete an accelerated
rulemaking to establish an energy conservation standard for
vibration service lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with clause
(i)(II), effective beginning 1 year after the date of the
issuance of the finding under clause (i)(I), the Secretary
shall require vibration service lamps to--
``(I) have a maximum 40-watt limitation; and
``(II) be sold at retail only in a package containing 1
lamp.
``(F) 3-way incandescent lamps.--
``(i) In general.--Effective beginning with the first year
that the reported annual sales rate for 3-way incandescent
lamps demonstrates actual unit sales of 3-way incandescent
lamps that achieve levels that are at least 100 percent
higher than modeled unit sales for that same year, the
Secretary shall--
``(I) not later than 90 days after the end of the previous
calendar year, issue a finding that the index has been
exceeded; and
``(II) not later than the date that is 1 year after the end
of the previous calendar year, complete an accelerated
rulemaking to establish an energy conservation standard for
3-way incandescent lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with clause
(i)(II), effective beginning 1 year after the date of
issuance of the finding under clause (i)(I), the Secretary
shall require that--
``(I) each filament in a 3-way incandescent lamp meet the
new maximum wattage requirements for the respective lumen
range established under subsection (i)(1)(A); and
``(II) 3-way lamps be sold at retail only in a package
containing 1 lamp.
``(G) 2,601-3,300 lumen general service incandescent
lamps.--Effective beginning with the first year that the
reported annual sales rate demonstrates actual unit sales of
2,601-3,300 lumen general service incandescent lamps in the
lumen range of 2,601 through 3,300 lumens (or, in the case of
a modified spectrum, in the lumen range of 1,951 through
2,475 lumens) that achieve levels that are at least 100
percent higher than modeled unit sales for that same year,
the Secretary shall impose--
``(i) a maximum 95-watt limitation on general service
incandescent lamps in the lumen range of 2,601 through 3,300
lumens; and
``(ii) a requirement that those lamps be sold at retail
only in a package containing 1 lamp.
``(H) Shatter-resistant lamps.--
``(i) In general.--Effective beginning with the first year
that the reported annual sales rate for shatter-resistant
lamps demonstrates actual unit sales of shatter-resistant
lamps that achieve levels that are at least 100 percent
higher than modeled unit sales for that same year, the
Secretary shall--
``(I) not later than 90 days after the end of the previous
calendar year, issue a finding that the index has been
exceeded; and
``(II) not later than the date that is 1 year after the end
of the previous calendar year, complete an accelerated
rulemaking to establish an energy conservation standard for
shatter-resistant lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with clause
(i)(II), effective beginning 1 year after the date of
issuance of the finding under clause (i)(I), the Secretary
shall impose--
``(I) a maximum wattage limitation of 40 watts on shatter
resistant lamps; and
``(II) a requirement that those lamps be sold at retail
only in a package containing 1 lamp.
``(I) Rulemakings before january 1, 2025.--
``(i) In general.--Except as provided in clause (ii), if
the Secretary issues a final rule prior to January 1, 2025,
establishing an energy conservation standard for any of the 5
types of lamps for which data collection is required under
any of subparagraphs (D) through (G), the requirement to
collect and model data for that type of lamp shall terminate
unless, as part of the rulemaking, the Secretary determines
that continued tracking is necessary.
``(ii) Backstop requirement.--If the Secretary imposes a
backstop requirement as a result of a failure to complete an
accelerated rulemaking in accordance with clause (i)(II) of
any of subparagraphs (D) through (G), the requirement to
collect and model data for the applicable type of lamp shall
continue for an additional 2 years after the effective date
of the backstop requirement.''.
(b) Consumer Education and Lamp Labeling.--Section
324(a)(2)(C) of the Energy Policy and Conservation Act (42
U.S.C. 6294(a)(2)(C)) is amended by adding at the end the
following:
``(iii) Rulemaking to consider effectiveness of lamp
labeling.--
``(I) In general.--Not later than 1 year after the date of
enactment of this clause, the Commission shall initiate a
rulemaking to consider--
``(aa) the effectiveness of current lamp labeling for power
levels or watts, light output or lumens, and lamp lifetime;
and
``(bb) alternative labeling approaches that will help
consumers to understand new high-efficiency lamp products and
to base the purchase decisions of the consumers on the most
appropriate source that meets the requirements of the
consumers for lighting level, light quality, lamp lifetime,
and total lifecycle cost.
``(II) Completion.--The Commission shall--
``(aa) complete the rulemaking not later than the date that
is 30 months after the date of enactment of this clause; and
``(bb) consider reopening the rulemaking not later than 180
days before the effective dates of the standards for general
service incandescent lamps established under section
325(i)(1)(A), if the Commission determines that further
labeling changes are needed to help consumers understand lamp
alternatives.''.
(c) Market Assessments and Consumer Awareness Program.--
(1) In general.--In cooperation with the Administrator of
the Environmental Protection Agency, the Secretary of
Commerce, the Federal Trade Commission, lighting and retail
industry associations, energy efficiency organizations, and
any other entities that the Secretary of Energy determines to
be appropriate, the Secretary of Energy shall--
(A) conduct an annual assessment of the market for general
service lamps and compact fluorescent lamps--
(i) to identify trends in the market shares of lamp types,
efficiencies, and light output levels purchased by
residential and nonresidential consumers; and
(ii) to better understand the degree to which consumer
decisionmaking is based on lamp power levels or watts, light
output or lumens, lamp lifetime, and other factors, including
information required on labels mandated by the Federal Trade
Commission;
(B) provide the results of the market assessment to the
Federal Trade Commission for consideration in the rulemaking
described in section 324(a)(2)(C)(iii) of the Energy Policy
and Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and
(C) in cooperation with industry trade associations,
lighting industry members, utilities, and other interested
parties, carry out a proactive national program of consumer
awareness, information, and education that broadly uses the
media and other effective communication techniques over an
extended period of time to help consumers understand the lamp
labels and make energy-efficient lighting choices that meet
the needs of consumers.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2009 through 2012.
(d) General Rule of Preemption for Energy Conservation
Standards Before Federal Standard Becomes Effective for a
[[Page H16684]]
Product.--Section 327(b)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(b)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by inserting ``or'' after the semicolon at the end; and
(3) by adding at the end the following:
``(B) in the case of any portion of any regulation that
establishes requirements for general service incandescent
lamps, intermediate base incandescent lamps, or candelabra
base lamps, was enacted or adopted by the States of
California or Nevada before December 4, 2007, except that--
``(i) the regulation adopted by the California Energy
Commission with an effective date of January 1, 2008, shall
only be effective until the effective date of the Federal
standard for the applicable lamp category under subparagraphs
(A), (B), and (C) of section 325(i)(1);
``(ii) the States of California and Nevada may, at any
time, modify or adopt a State standard for general service
lamps to conform with Federal standards with effective dates
no earlier than 12 months prior to the Federal effective
dates prescribed under subparagraphs (A), (B), and (C) of
section 325(i)(1), at which time any prior regulations
adopted by the States of California or Nevada shall no longer
be effective; and
``(iii) all other States may, at any time, modify or adopt
a State standard for general service lamps to conform with
Federal standards and effective dates.''.
(e) Prohibited Acts.--Section 332(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) for any manufacturer, distributor, retailer, or
private labeler to distribute in commerce an adapter that--
``(A) is designed to allow an incandescent lamp that does
not have a medium screw base to be installed into a fixture
or lampholder with a medium screw base socket; and
``(B) is capable of being operated at a voltage range at
least partially within 110 and 130 volts.''.
(f) Enforcement.--Section 334 of the Energy Policy and
Conservation Act (42 U.S.C. 6304) is amended by inserting
after the second sentence the following: ``Any such action to
restrain any person from distributing in commerce a general
service incandescent lamp that does not comply with the
applicable standard established under section 325(i) or an
adapter prohibited under section 332(a)(6) may also be
brought by the attorney general of a State in the name of the
State.''.
(g) Research and Development Program.--
(1) In general.--The Secretary may carry out a lighting
technology research and development program--
(A) to support the research, development, demonstration,
and commercial application of lamps and related technologies
sold, offered for sale, or otherwise made available in the
United States; and
(B) to assist manufacturers of general service lamps in the
manufacturing of general service lamps that, at a minimum,
achieve the wattage requirements imposed as a result of the
amendments made by subsection (a).
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2008 through 2013.
(3) Termination of authority.--The program under this
subsection shall terminate on September 30, 2015.
(h) Reports to Congress.--
(1) Report on mercury use and release.--Not later than 1
year after the date of enactment of this Act, the Secretary ,
in cooperation with the Administrator of the Environmental
Protection Agency, shall submit to Congress a report
describing recommendations relating to the means by which the
Federal Government may reduce or prevent the release of
mercury during the manufacture, transportation, storage, or
disposal of light bulbs.
(2) Report on rulemaking schedule.--Beginning on July 1,
2013 and semiannually through July 1, 2016, the Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report on--
(A) whether the Secretary will meet the deadlines for the
rulemakings required under this section;
(B) a description of any impediments to meeting the
deadlines; and
(C) a specific plan to remedy any failures, including
recommendations for additional legislation or resources.
(3) National academy review.--
(A) In general.--Not later than December 31, 2009, the
Secretary shall enter into an arrangement with the National
Academy of Sciences to provide a report by December 31, 2013,
and an updated report by July 31, 2015. The report should
include--
(i) the status of advanced solid state lighting research,
development, demonstration and commercialization;
(ii) the impact on the types of lighting available to
consumers of an energy conservation standard requiring a
minimum of 45 lumens per watt for general service lighting
effective in 2020; and
(iii) the time frame for the commercialization of lighting
that could replace current incandescent and halogen
incandescent lamp technology and any other new technologies
developed to meet the minimum standards required under
subsection (a) (3) of this section.
(B) Reports.--The reports shall be transmitted to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
316(c)(1)(D)) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes (excluding ER or
BR)'' and inserting ``ER, BR, BPAR, or similar bulb shapes'';
and
(ii) by striking ``2.75'' and inserting ``2.25''; and
(B) by striking ``is either--'' and all that follows
through subclause (II) and inserting ``has a rated wattage
that is 40 watts or higher''; and
(2) by adding at the end the following:
``(54) BPAR incandescent reflector lamp.--The term `BPAR
incandescent reflector lamp' means a reflector lamp as shown
in figure C78.21-278 on page 32 of ANSI C78.21-2003.
``(55) BR incandescent reflector lamp; br30; br40.--
``(A) BR incandescent reflector lamp.--The term `BR
incandescent reflector lamp' means a reflector lamp that
has--
``(i) a bulged section below the major diameter of the bulb
and above the approximate baseline of the bulb, as shown in
figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by
reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
including the referenced reflective characteristics in part 7
of ANSI C78.21-1989, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph).
``(B) BR30.--The term `BR30' means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) BR40.--The term `BR40' means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(56) ER incandescent reflector lamp; er30; er40.--
``(A) ER incandescent reflector lamp.--The term `ER
incandescent reflector lamp' means a reflector lamp that
has--
``(i) an elliptical section below the major diameter of the
bulb and above the approximate baseline of the bulb, as shown
in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated
by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the date of enactment
of this paragraph).
``(B) ER30.--The term `ER30' means an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) ER40.--The term `ER40' means an ER incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(57) R20 incandescent reflector lamp.--The term `R20
incandescent reflector lamp' means a reflector lamp that has
a face diameter of approximately 2.5 inches, as shown in
figure 1(R) on page 7 of ANSI C79.1-1994.''.
(b) Standards for Fluorescent Lamps and Incandescent
Reflector Lamps.--Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6995(i)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph
(other than subparagraph (D)), the term `effective date'
means, with respect to each type of lamp specified in a table
contained in subparagraph (B), the last day of the period of
months corresponding to that type of lamp (as specified in
the table) that follows October 24, 1992.
``(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector lamps
manufactured after the effective date specified in the tables
contained in this paragraph shall meet or exceed the
following lamp efficacy and CRI standards:
``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........... >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................ >35 W 69 68.0 36
35 W 45 64.0 36
[[Page H16685]]
8-foot slimline................ 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Effective Date
Nominal Lamp Wattage Minimum Average Lamp (Period of
Efficacy (LPW) Months)
------------------------------------------------------------------------
40-50....................... 10.5 36
51-66....................... 11.0 36
67-85....................... 12.5 36
86-115...................... 14.0 36
116-155...................... 14.5 36
156-205...................... 15.0 36
------------------------------------------------------------------------
``(C) Exemptions.--The standards specified in subparagraph
(B) shall not apply to the following types of incandescent
reflector lamps:
``(i) Lamps rated at 50 watts or less that are ER30, BR30,
BR40, or ER40 lamps.
``(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
lamps.
``(iii) R20 incandescent reflector lamps rated 45 watts or
less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--The standards specified in
subparagraph (B) shall apply with respect to ER incandescent
reflector lamps, BR incandescent reflector lamps, BPAR
incandescent reflector lamps, and similar bulb shapes on and
after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on and
after the later of January 1, 2008, or the date that is 180
days after the date of enactment of the Energy Independence
and Security Act of 2007.''.
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE
ENERGY SYSTEMS.
(a) Estimate of Energy Performance in Prospectus.--Section
3307(b) of title 40, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) with respect to any prospectus for the construction,
alteration, or acquisition of any building or space to be
leased, an estimate of the future energy performance of the
building or space and a specific description of the use of
energy efficient and renewable energy systems, including
photovoltaic systems, in carrying out the project.''.
(b) Minimum Performance Requirements for Leased Space.--
Section 3307 of such of title is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Minimum Performance Requirements for Leased Space.--
With respect to space to be leased, the Administrator shall
include, to the maximum extent practicable, minimum
performance requirements requiring energy efficiency and the
use of renewable energy.''.
(c) Use of Energy Efficient Lighting Fixtures and Bulbs.--
(1) In general.--Chapter 33 of such title is amended--
(A) by redesignating sections 3313, 3314, and 3315 as
sections 3314, 3315, and 3316, respectively; and
(B) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and
bulbs
``(a) Construction, Alteration, and Acquisition of Public
Buildings.--Each public building constructed, altered, or
acquired by the Administrator of General Services shall be
equipped, to the maximum extent feasible as determined by the
Administrator, with lighting fixtures and bulbs that are
energy efficient.
``(b) Maintenance of Public Buildings.--Each lighting
fixture or bulb that is replaced by the Administrator in the
normal course of maintenance of public buildings shall be
replaced, to the maximum extent feasible, with a lighting
fixture or bulb that is energy efficient.
``(c) Considerations.--In making a determination under this
section concerning the feasibility of installing a lighting
fixture or bulb that is energy efficient, the Administrator
shall consider--
``(1) the life-cycle cost effectiveness of the fixture or
bulb;
``(2) the compatibility of the fixture or bulb with
existing equipment;
``(3) whether use of the fixture or bulb could result in
interference with productivity;
``(4) the aesthetics relating to use of the fixture or
bulb; and
``(5) such other factors as the Administrator determines
appropriate.
``(d) Energy Star.--A lighting fixture or bulb shall be
treated as being energy efficient for purposes of this
section if--
``(1) the fixture or bulb is certified under the Energy
Star program established by section 324A of the Energy Policy
and Conservation Act (42 U.S.C. 6294a);
``(2) in the case of all light-emitting diode (LED)
luminaires, lamps, and systems whose efficacy (lumens per
watt) and Color Rendering Index (CRI) meet the Department of
Energy requirements for minimum luminaire efficacy and CRI
for the Energy Star certification, as verified by an
independent third-party testing laboratory that the
Administrator and the Secretary of Energy determine conducts
its tests according to the procedures and recommendations of
the Illuminating Engineering Society of North America, even
if the luminaires, lamps, and systems have not received such
certification; or
``(3) the Administrator and the Secretary of Energy have
otherwise determined that the fixture or bulb is energy
efficient.
``(e) Additional Energy Efficient Lighting Designations.--
The Administrator of the Environmental Protection Agency and
the Secretary of Energy shall give priority to establishing
Energy Star performance criteria or Federal Energy Management
Program designations for additional lighting product
categories that are appropriate for use in public buildings.
``(f) Guidelines.--The Administrator shall develop
guidelines for the use of energy efficient lighting
technologies that contain mercury in child care centers in
public buildings.
``(g) Applicability of Buy American Act.--Acquisitions
carried out pursuant to this section shall be subject to the
requirements of the Buy American Act (41 U.S.C. 10c et seq.).
``(h) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of
enactment of this subsection.''.
(2) Clerical amendment.--The analysis for such chapter is
amended by striking the items relating to sections 3313,
3314, and 3315 and inserting the following:
``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Delegation.
``3315. Report to Congress.
``3316. Certain authority not affected.''.
(d) Evaluation Factor.--Section 3310 of such title is
amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) shall include in the solicitation for any lease
requiring a prospectus under section 3307 an evaluation
factor considering the extent to which the offeror will
promote energy efficiency and the use of renewable energy;''.
SEC. 324. METAL HALIDE LAMP FIXTURES.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
322(a)(2)) is amended by adding at the end the following:
``(58) Ballast.--The term `ballast' means a device used
with an electric discharge lamp to obtain necessary circuit
conditions (voltage, current, and waveform) for starting and
operating.
``(59) Ballast efficiency.--
``(A) In general.--The term `ballast efficiency' means, in
the case of a high intensity discharge fixture, the
efficiency of a lamp and ballast combination, expressed as a
percentage, and calculated in accordance with the following
formula: Efficiency = Pout/Pin.
``(B) Efficiency formula.--For the purpose of subparagraph
(A)--
``(i) Pout shall equal the measured operating
lamp wattage;
``(ii) Pin shall equal the measured operating
input wattage;
``(iii) the lamp, and the capacitor when the capacitor is
provided, shall constitute a nominal system in accordance
with the ANSI Standard C78.43-2004;
``(iv) for ballasts with a frequency of 60 Hz,
Pin and Pout shall be measured after
lamps have been stabilized according to section 4.4 of ANSI
Standard C82.6-2005 using a wattmeter with accuracy specified
in section 4.5 of ANSI Standard C82.6-2005; and
``(v) for ballasts with a frequency greater than 60 Hz,
Pin and Pout shall have a basic
accuracy of 0.5 percent at the higher of--
``(I) 3 times the output operating frequency of the
ballast; or
``(II) 2 kHz for ballast with a frequency greater than 60
Hz.
``(C) Modification.--The Secretary may, by rule, modify the
definition of `ballast efficiency' if the Secretary
determines that the modification is necessary or appropriate
to carry out the purposes of this Act.
``(60) Electronic ballast.--The term `electronic ballast'
means a device that uses semiconductors as the primary means
to control lamp starting and operation.
``(61) General lighting application.--The term `general
lighting application' means lighting that provides an
interior or exterior area with overall illumination.
``(62) Metal halide ballast.--The term `metal halide
ballast' means a ballast used to start and operate metal
halide lamps.
[[Page H16686]]
``(63) Metal halide lamp.--The term `metal halide lamp'
means a high intensity discharge lamp in which the major
portion of the light is produced by radiation of metal
halides and their products of dissociation, possibly in
combination with metallic vapors.
``(64) Metal halide lamp fixture.--The term `metal halide
lamp fixture' means a light fixture for general lighting
application designed to be operated with a metal halide lamp
and a ballast for a metal halide lamp.
``(65) Probe-start metal halide ballast.--The term `probe-
start metal halide ballast' means a ballast that--
``(A) starts a probe-start metal halide lamp that contains
a third starting electrode (probe) in the arc tube; and
``(B) does not generally contain an igniter but instead
starts lamps with high ballast open circuit voltage.
``(66) Pulse-start metal halide ballast.--
``(A) In general.--The term `pulse-start metal halide
ballast' means an electronic or electromagnetic ballast that
starts a pulse-start metal halide lamp with high voltage
pulses.
``(B) Starting process.--For the purpose of subparagraph
(A)--
``(i) lamps shall be started by first providing a high
voltage pulse for ionization of the gas to produce a glow
discharge; and
``(ii) to complete the starting process, power shall be
provided by the ballast to sustain the discharge through the
glow-to-arc transition.''.
(b) Coverage.--Section 322(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)) is amended--
(1) by redesignating paragraph (19) as paragraph (20); and
(2) by inserting after paragraph (18) the following:
``(19) Metal halide lamp fixtures.''.
(c) Test Procedures.--Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)) (as amended by
section 301(b)) is amended by adding at the end the
following:
``(18) Metal halide lamp ballasts.--Test procedures for
metal halide lamp ballasts shall be based on ANSI Standard
C82.6-2005, entitled `Ballasts for High Intensity Discharge
Lamps--Method of Measurement'.''.
(d) Labeling.--Section 324(a)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
(1) by redesignating subparagraphs (C) through (G) as
subparagraphs (D) through (H), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Metal halide lamp fixtures.--
``(i) In general.--The Commission shall issue labeling
rules under this section applicable to the covered product
specified in section 322(a)(19) and to which standards are
applicable under section 325.
``(ii) Labeling.--The rules shall provide that the labeling
of any metal halide lamp fixture manufactured on or after the
later of January 1, 2009, or the date that is 270 days after
the date of enactment of this subparagraph, shall indicate
conspicuously, in a manner prescribed by the Commission under
subsection (b) by July 1, 2008, a capital letter `E' printed
within a circle on the packaging of the fixture, and on the
ballast contained in the fixture.''.
(e) Standards.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) (as amended by section 310)
is amended--
(1) by redesignating subsection (hh) as subsection (ii);
(2) by inserting after subsection (gg) the following:
``(hh) Metal Halide Lamp Fixtures.--
``(1) Standards.--
``(A) In general.--Subject to subparagraphs (B) and (C),
metal halide lamp fixtures designed to be operated with lamps
rated greater than or equal to 150 watts but less than or
equal to 500 watts shall contain--
``(i) a pulse-start metal halide ballast with a minimum
ballast efficiency of 88 percent;
``(ii) a magnetic probe-start ballast with a minimum
ballast efficiency of 94 percent; or
``(iii) a nonpulse-start electronic ballast with--
``(I) a minimum ballast efficiency of 92 percent for
wattages greater than 250 watts; and
``(II) a minimum ballast efficiency of 90 percent for
wattages less than or equal to 250 watts.
``(B) Exclusions.--The standards established under
subparagraph (A) shall not apply to--
``(i) fixtures with regulated lag ballasts;
``(ii) fixtures that use electronic ballasts that operate
at 480 volts; or
``(iii) fixtures that--
``(I) are rated only for 150 watt lamps;
``(II) are rated for use in wet locations, as specified by
the National Electrical Code 2002, section 410.4(A); and
``(III) contain a ballast that is rated to operate at
ambient air temperatures above 50C, as specified by UL 1029-
2001.
``(C) Application.--The standards established under
subparagraph (A) shall apply to metal halide lamp fixtures
manufactured on or after the later of--
``(i) January 1, 2009; or
``(ii) the date that is 270 days after the date of
enactment of this subsection.
``(2) Final rule by january 1, 2012.--
``(A) In general.--Not later than January 1, 2012, the
Secretary shall publish a final rule to determine whether the
standards established under paragraph (1) should be amended.
``(B) Administration.--The final rule shall--
``(i) contain any amended standard; and
``(ii) apply to products manufactured on or after January
1, 2015.
``(3) Final rule by january 1, 2019.--
``(A) In general.--Not later than January 1, 2019, the
Secretary shall publish a final rule to determine whether the
standards then in effect should be amended.
``(B) Administration.--The final rule shall--
``(i) contain any amended standards; and
``(ii) apply to products manufactured after January 1,
2022.
``(4) Design and performance requirements.--Notwithstanding
any other provision of law, any standard established pursuant
to this subsection may contain both design and performance
requirements.''; and
(3) in paragraph (2) of subsection (ii) (as redesignated by
paragraph (2)), by striking ``(gg)'' each place it appears
and inserting ``(hh)''.
(f) Effect on Other Law.--Section 327(c) of the Energy
Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) in paragraph (8)(B), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(9) is a regulation concerning metal halide lamp fixtures
adopted by the California Energy Commission on or before
January 1, 2011, except that--
``(A) if the Secretary fails to issue a final rule within
180 days after the deadlines for rulemakings in section
325(hh), notwithstanding any other provision of this section,
preemption shall not apply to a regulation concerning metal
halide lamp fixtures adopted by the California Energy
Commission--
``(i) on or before July 1, 2015, if the Secretary fails to
meet the deadline specified in section 325(hh)(2); or
``(ii) on or before July 1, 2022, if the Secretary fails to
meet the deadline specified in section 325(hh)(3).''.
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC
PRODUCTS.
(a) In General.--Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) (as amended by section
324(d)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(I) Labeling requirements.--
``(i) In general.--Subject to clauses (ii) through (iv),
not later than 18 months after the date of issuance of
applicable Department of Energy testing procedures, the
Commission, in consultation with the Secretary and the
Administrator of the Environmental Protection Agency (acting
through the Energy Star program), shall, by regulation,
prescribe labeling or other disclosure requirements for the
energy use of--
``(I) televisions;
``(II) personal computers;
``(III) cable or satellite set-top boxes;
``(IV) stand-alone digital video recorder boxes; and
``(V) personal computer monitors.
``(ii) Alternate testing procedures.--In the absence of
applicable testing procedures described in clause (i) for
products described in subclauses (I) through (V) of that
clause, the Commission may, by regulation, prescribe labeling
or other disclosure requirements for a consumer product
category described in clause (i) if the Commission--
``(I) identifies adequate non-Department of Energy testing
procedures for those products; and
``(II) determines that labeling of, or other disclosures
relating to, those products is likely to assist consumers in
making purchasing decisions.
``(iii) Deadline and requirements for labeling.--
``(I) Deadline.--Not later than 18 months after the date of
promulgation of any requirements under clause (i) or (ii),
the Commission shall require labeling of, or other disclosure
requirements for, electronic products described in clause
(i).
``(II) Requirements.--The requirements prescribed under
clause (i) or (ii) may include specific requirements for each
electronic product to be labeled with respect to the
placement, size, and content of Energy Guide labels.
``(iv) Determination of feasibility.--Clause (i) or (ii)
shall not apply in any case in which the Commission
determines that labeling in accordance with this subsection--
``(I) is not technologically or economically feasible; or
``(II) is not likely to assist consumers in making
purchasing decisions.''; and
(2) by adding at the end the following:
``(6) Authority to include additional product categories.--
The Commission may, by regulation, require labeling or other
disclosures in accordance with this subsection for any
consumer product not specified in this subsection or section
322 if the Commission determines that labeling for the
product is likely to assist consumers in making purchasing
decisions.''.
(b) Content of Label.--Section 324(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6924(c)) is amended by adding
at the end the following:
``(9) Discretionary application.--The Commission may apply
paragraphs (1), (2), (3), (5), and (6) of this subsection to
the labeling of any product covered by paragraph (2)(I) or
(6) of subsection (a).''.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
SEC. 401. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Advisory committee.--The term ``Advisory Committee''
means the Green Building Advisory Committee established under
section 484.
(3) Commercial director.--The term ``Commercial Director''
means the individual appointed to the position established
under section 421.
(4) Consortium.--The term ``Consortium'' means the High-
Performance Green Building Partnership Consortium created in
response to section 436(c)(1) to represent the private sector
[[Page H16687]]
in a public-private partnership to promote high-performance
green buildings and zero-net-energy commercial buildings.
(5) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings by
ensuring an installed consumption of not more than 1 watt per
square foot; or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b);
(II) Federal acquisition regulation 23-203; and
(III) is at least as energy-conserving as required by other
provisions of this Act, including the requirements of this
title and title III which shall be applicable to the extent
that they would achieve greater energy savings than provided
under clause (i) or this clause.
(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(6) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a
technology or practice that--
(A) will result in substantial operational cost savings by
reducing electricity or fossil fuel consumption, water, or
other utility costs, including use of geothermal heat pumps;
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23-203; and
(C) is at least as energy and water conserving as required
under this title, including sections 431 through 435, and
title V, including section 511 through 525, which shall be
applicable to the extent that they are more stringent or
require greater energy or water savings than required by this
section.
(7) Federal director.--The term ``Federal Director'' means
the individual appointed to the position established under
section 436(a).
(8) Federal facility.--The term ``Federal facility'' means
any building that is constructed, renovated, leased, or
purchased in part or in whole for use by the Federal
Government.
(9) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices or
geothermal heat pumps, including a reduction in electricity
consumption relative to consumption by the same customer or
at the same facility in a given year, as defined in
guidelines promulgated by the Administrator pursuant to
section 329(b) of the Clean Air Act, that achieves cost
savings sufficient to pay the incremental additional costs of
using cost-effective technologies and practices including
geothermal heat pumps by not later than the later of the date
established under sections 431 through 434, or--
(i) for cost-effective technologies and practices, the date
that is 5 years after the date of installation; and
(ii) for geothermal heat pumps, as soon as practical after
the date of installation of the applicable geothermal heat
pump.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies
and practices; or
(ii) the planting of vegetation that shades the facility
and reduces the heating, cooling, or lighting needs of the
facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be
adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(10) Geothermal heat pump.--The term ``geothermal heat
pump'' means any heating or air conditioning technology
that--
(A) uses the ground or ground water as a thermal energy
source to heat, or as a thermal energy sink to cool, a
building; and
(B) meets the requirements of the Energy Star program of
the Environmental Protection Agency applicable to geothermal
heat pumps on the date of purchase of the technology.
(11) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated support systems of the building,
structure, or facility) that--
(i) is constructed (including facilities constructed for
lease), renovated, or purchased, in whole or in part, by the
Administrator for use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator
for use by the Federal Government--
(I) except as provided in subclause (II), for a term of not
less than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and
practices would result in the payback of expenses.
(B) Inclusion.--The term ``GSA facility'' includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming
support systems of the buildings, structures, and
facilities).
(C) Exemption.--The Administrator may exempt from the
definition of ``GSA facility'' under this paragraph a
building, structure, or facility that meets the requirements
of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
(12) High-performance building.--The term ``high
performance building'' means a building that integrates and
optimizes on a life cycle basis all major high performance
attributes, including energy conservation, environment,
safety, security, durability, accessibility, cost-benefit,
productivity, sustainability, functionality, and operational
considerations.
(13) High-performance green building.--The term ``high-
performance green building'' means a high-performance
building that, during its life-cycle, as compared with
similar buildings (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption Survey
data from the Energy Information Agency)--
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality, including
reducing indoor pollution, improving thermal comfort, and
improving lighting and acoustic environments that affect
occupant health and productivity;
(C) reduces negative impacts on the environment throughout
the life-cycle of the building, including air and water
pollution and waste generation;
(D) increases the use of environmentally preferable
products, including biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site design that
support a full range of transportation choices for users of
the building; and
(H) considers indoor and outdoor effects of the building on
human health and the environment, including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and
operations; and
(iii) other factors that the Federal Director or the
Commercial Director consider to be appropriate.
(14) Life-cycle.--The term ``life-cycle'', with respect to
a high-performance green building, means all stages of the
useful life of the building (including components, equipment,
systems, and controls of the building) beginning at
conception of a high-performance green building project and
continuing through site selection, design, construction,
landscaping, commissioning, operation, maintenance,
renovation, deconstruction or demolition, removal, and
recycling of the high-performance green building.
(15) Life-cycle assessment.--The term ``life-cycle
assessment'' means a comprehensive system approach for
measuring the environmental performance of a product or
service over the life of the product or service, beginning at
raw materials acquisition and continuing through
manufacturing, transportation, installation, use, reuse, and
end-of-life waste management.
(16) Life-cycle costing.--The term ``life-cycle costing'',
with respect to a high-performance green building, means a
technique of economic evaluation that--
(A) sums, over a given study period, the costs of initial
investment (less resale value), replacements, operations
(including energy use), and maintenance and repair of an
investment decision; and
(B) is expressed--
(i) in present value terms, in the case of a study period
equivalent to the longest useful life of the building,
determined by taking into consideration the typical life of
such a building in the area in which the building is to be
located; or
(ii) in annual value terms, in the case of any other study
period.
(17) Office of commercial high-performance green
buildings.--The term ``Office of Commercial High-Performance
Green Buildings'' means the Office of Commercial High-
Performance Green Buildings established under section 421(a).
(18) Office of federal high-performance green buildings.--
The term ``Office of Federal High-Performance Green
Buildings'' means the Office of Federal High-Performance
Green Buildings established under section 436(a).
(19) Practices.--The term ``practices'' means design,
financing, permitting, construction, commissioning, operation
and maintenance, and other practices that contribute to
achieving zero-net-energy buildings or facilities.
(20) Zero-net-energy commercial building.--The term ``zero-
net-energy commercial building'' means a commercial building
that is designed, constructed, and operated to--
(A) require a greatly reduced quantity of energy to
operate;
(B) meet the balance of energy needs from sources of energy
that do not produce greenhouse gases;
(C) therefore result in no net emissions of greenhouse
gases; and
(D) be economically viable.
Subtitle A--Residential Building Efficiency
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE
PROGRAM.
(a) In General.--Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking ``
appropriated $500,000,000 for fiscal year 2006, $600,000,000
for fiscal year 2007, and $700,000,000 for fiscal year 2008''
and inserting ``appropriated--
``(1) $750,000,000 for fiscal year 2008;
``(2) $900,000,000 for fiscal year 2009;
``(3) $1,050,000,000 for fiscal year 2010;
``(4) $1,200,000,000 for fiscal year 2011; and
``(5) $1,400,000,000 for fiscal year 2012.''.
(b) Sustainable Energy Resources for Consumers Grants.--
(1) In general.--The Secretary may make funding available
to local weatherization agencies from amounts authorized
under the amendment made by subsection (a) to expand the
weatherization assistance program for residential buildings
to include materials, benefits, and renewable and domestic
energy technologies not covered by the program (as of the
date of enactment of this Act), if the State weatherization
[[Page H16688]]
grantee certifies that the applicant has the capacity to
carry out the proposed activities and that the grantee will
include the project in the financial oversight of the grantee
of the weatherization assistance program.
(2) Priority.--In selecting grant recipients under this
subsection, the Secretary shall give priority to--
(A) the expected effectiveness and benefits of the proposed
project to low- and moderate-income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy costs of
consumers served; and
(D) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial
partnerships.
(3) Funding.--
(A) In general.--Except as provided in paragraph (2), the
amount of funds used for projects described in paragraph (1)
may equal up to 2 percent of the amount of funds made
available for any fiscal year under section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872).
(B) Exception.--No funds may be used for sustainable energy
resources for consumers grants for a fiscal year under this
subsection if the amount of funds made available for the
fiscal year to carry out the Weatherization Assistance
Program for Low-Income Persons established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) is less than $275,000,000.
(c) Definition of State.--Section 412 of the Energy
Conservation and Production Act (42 U.S.C. 6862) is amended
by striking paragraph (8) and inserting the following:
``(8) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.''.
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall conduct, and
submit to Congress a report on, a study regarding the rebate
programs established under sections 124 and 206(c) of the
Energy Policy Act of 2005 (42 U.S.C. 15821, 15853).
(b) Components.--In conducting the study, the Secretary
shall--
(1) develop a plan for how the rebate programs would be
carried out if the programs were funded; and
(2) determine the minimum amount of funding the program
would need to receive in order to accomplish the goals of the
programs.
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED
HOUSING.
(a) Establishment of Standards.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall by regulation
establish standards for energy efficiency in manufactured
housing.
(2) Notice, comment, and consultation.--Standards described
in paragraph (1) shall be established after--
(A) notice and an opportunity for comment by manufacturers
of manufactured housing and other interested parties; and
(B) consultation with the Secretary of Housing and Urban
Development, who may seek further counsel from the
Manufactured Housing Consensus Committee.
(b) Requirements.--
(1) International energy conservation code.--The energy
conservation standards established under this section shall
be based on the most recent version of the International
Energy Conservation Code (including supplements), except in
cases in which the Secretary finds that the code is not cost-
effective, or a more stringent standard would be more cost-
effective, based on the impact of the code on the purchase
price of manufactured housing and on total life-cycle
construction and operating costs.
(2) Considerations.--The energy conservation standards
established under this section may--
(A) take into consideration the design and factory
construction techniques of manufactured homes;
(B) be based on the climate zones established by the
Department of Housing and Urban Development rather than the
climate zones under the International Energy Conservation
Code; and
(C) provide for alternative practices that result in net
estimated energy consumption equal to or less than the
specified standards.
(3) Updating.--The energy conservation standards
established under this section shall be updated not later
than--
(A) 1 year after the date of enactment of this Act; and
(B) 1 year after any revision to the International Energy
Conservation Code.
(c) Enforcement.--Any manufacturer of manufactured housing
that violates a provision of the regulations under subsection
(a) is liable to the United States for a civil penalty in an
amount not exceeding 1 percent of the manufacturer's retail
list price of the manufactured housing.
Subtitle B--High-Performance Commercial Buildings
SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Director of Commercial High-Performance Green
Buildings.--Notwithstanding any other provision of law, the
Secretary, acting through the Assistant Secretary of Energy
Efficiency and Renewable Energy, shall appoint a Director of
Commercial High-Performance Green Buildings to a position in
the career-reserved Senior Executive service, with the
principal responsibility to--
(1) establish and manage the Office of Commercial High-
Performance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Qualifications.--The Commercial Director shall be an
individual, who by reason of professional background and
experience, is specifically qualified to carry out the duties
required under this subtitle.
(c) Duties.--The Commercial Director shall, with respect to
development of high-performance green buildings and zero-
energy commercial buildings nationwide--
(1) coordinate the activities of the Office of Commercial
High-Performance Green Buildings with the activities of the
Office of Federal High-Performance Green Buildings;
(2) develop the legal predicates and agreements for,
negotiate, and establish one or more public-private
partnerships with the Consortium, members of the Consortium,
and other capable parties meeting the qualifications of the
Consortium, to further such development;
(3) represent the public and the Department in negotiating
and performing in accord with such public-private
partnerships;
(4) use appropriated funds in an effective manner to
encourage the maximum investment of private funds to achieve
such development;
(5) promote research and development of high performance
green buildings, consistent with section 423; and
(6) jointly establish with the Federal Director a national
high-performance green building clearinghouse in accordance
with section 423(1), which shall provide high-performance
green building information and disseminate research results
through--
(A) outreach;
(B) education; and
(C) the provision of technical assistance.
(d) Reporting.--The Commercial Director shall report
directly to the Assistant Secretary for Energy Efficiency and
Renewable Energy, or to other senior officials in a way that
facilitates the integrated program of this subtitle for both
energy efficiency and renewable energy and both technology
development and technology deployment.
(e) Coordination.--The Commercial Director shall ensure
full coordination of high-performance green building
information and activities, including activities under this
subtitle, within the Federal Government by working with the
General Services Administration and all relevant agencies,
including, at a minimum--
(1) the Environmental Protection Agency;
(2) the Office of the Federal Environmental Executive;
(3) the Office of Federal Procurement Policy;
(4) the Department of Energy, particularly the Federal
Energy Management Program;
(5) the Department of Health and Human Services;
(6) the Department of Housing and Urban Development;
(7) the Department of Defense;
(8) the National Institute of Standards and Technology;
(9) the Department of Transportation;
(10) the Office of Science Technology and Policy; and
(11) such nonprofit high-performance green building rating
and analysis entities as the Commercial Director determines
can offer support, expertise, and review services.
(f) High-Performance Green Building Partnership
Consortium.--
(1) Recognition.--Not later than 90 days after the date of
enactment of this Act, the Commercial Director shall formally
recognize one or more groups that qualify as a high-
performance green building partnership consortium.
(2) Representation to qualify.--To qualify under this
section, any consortium shall include representation from--
(A) the design professions, including national associations
of architects and of professional engineers;
(B) the development, construction, financial, and real
estate industries;
(C) building owners and operators from the public and
private sectors;
(D) academic and research organizations, including at least
one national laboratory with extensive commercial building
energy expertise;
(E) building code agencies and organizations, including a
model energy code-setting organization;
(F) independent high-performance green building
associations or councils;
(G) experts in indoor air quality and environmental
factors;
(H) experts in intelligent buildings and integrated
building information systems;
(I) utility energy efficiency programs;
(J) manufacturers and providers of equipment and techniques
used in high performance green buildings;
(K) public transportation industry experts; and
(L) nongovernmental energy efficiency organizations.
(3) Funding.--The Secretary may make payments to the
Consortium pursuant to the terms of a public-private
partnership for such activities of the Consortium undertaken
under such a partnership as described in this subtitle
directly to the Consortium or through one or more of its
members.
(g) Report.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Commercial Director, in consultation with the Consortium,
shall submit to Congress a report that--
(1) describes the status of the high-performance green
building initiatives under this subtitle and other Federal
programs affecting commercial high-performance green
buildings in effect as of the date of the report, including--
[[Page H16689]]
(A) the extent to which the programs are being carried out
in accordance with this subtitle; and
(B) the status of funding requests and appropriations for
those programs; and
(2) summarizes and highlights development, at the State and
local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted
promoting high-performance green building (including the
status of implementation of those initiatives).
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions.--In this section:
(1) Consortium.--The term ``consortium'' means a High-
Performance Green Building Consortium selected by the
Commercial Director.
(2) Initiative.--The term ``initiative'' means the Zero-
Net-Energy Commercial Buildings Initiative established under
subsection (b)(1).
(3) Zero-net-energy commercial building.--The term ``zero-
net-energy commercial building'' means a high-performance
commercial building that is designed, constructed, and
operated--
(A) to require a greatly reduced quantity of energy to
operate;
(B) to meet the balance of energy needs from sources of
energy that do not produce greenhouse gases;
(C) in a manner that will result in no net emissions of
greenhouse gases; and
(D) to be economically viable.
(b) Establishment.--
(1) In general.--The Commercial Director shall establish an
initiative, to be known as the ``Zero-Net-Energy Commercial
Buildings Initiative''--
(A) to reduce the quantity of energy consumed by commercial
buildings located in the United States; and
(B) to achieve the development of zero net energy
commercial buildings in the United States.
(2) Consortium.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Commercial Director shall
competitively select, and enter into an agreement with, a
consortium to develop and carry out the initiative.
(B) Agreements.--In entering into an agreement with a
consortium under subparagraph (A), the Commercial Director
shall use the authority described in section 646(g) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)), to
the maximum extent practicable.
(c) Goal of Initiative.--The goal of the initiative shall
be to develop and disseminate technologies, practices, and
policies for the development and establishment of zero net
energy commercial buildings for--
(1) any commercial building newly constructed in the United
States by 2030;
(2) 50 percent of the commercial building stock of the
United States by 2040; and
(3) all commercial buildings in the United States by 2050.
(d) Components.--In carrying out the initiative, the
Commercial Director, in consultation with the consortium,
may--
(1) conduct research and development on building science,
design, materials, components, equipment and controls,
operation and other practices, integration, energy use
measurement, and benchmarking;
(2) conduct pilot programs and demonstration projects to
evaluate replicable approaches to achieving energy efficient
commercial buildings for a variety of building types in a
variety of climate zones;
(3) conduct deployment, dissemination, and technical
assistance activities to encourage widespread adoption of
technologies, practices, and policies to achieve energy
efficient commercial buildings;
(4) conduct other research, development, demonstration, and
deployment activities necessary to achieve each goal of the
initiative, as determined by the Commercial Director, in
consultation with the consortium;
(5) develop training materials and courses for building
professionals and trades on achieving cost-effective high-
performance energy efficient buildings;
(6) develop and disseminate public education materials to
share information on the benefits and cost-effectiveness of
high-performance energy efficient buildings;
(7) support code-setting organizations and State and local
governments in developing minimum performance standards in
building codes that recognize the ready availability of many
technologies utilized in high-performance energy efficient
buildings;
(8) develop strategies for overcoming the split incentives
between builders and purchasers, and landlords and tenants,
to ensure that energy efficiency and high-performance
investments are made that are cost-effective on a lifecycle
basis; and
(9) develop improved means of measurement and verification
of energy savings and performance for public dissemination.
(e) Cost Sharing.--In carrying out this section, the
Commercial Director shall require cost sharing in accordance
with section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $20,000,000 for fiscal year 2008;
(2) $50,000,000 for each of fiscal years 2009 and 2010;
(3) $100,000,000 for each of fiscal years 2011 and 2012;
and
(4) $200,000,000 for each of fiscal years 2013 through
2018.
SEC. 423. PUBLIC OUTREACH.
The Commercial Director and Federal Director, in
coordination with the Consortium, shall carry out public
outreach to inform individuals and entities of the
information and services available Governmentwide by--
(1) establishing and maintaining a national high-
performance green building clearinghouse, including on the
internet, that--
(A) identifies existing similar efforts and coordinates
activities of common interest; and
(B) provides information relating to high-performance green
buildings, including hyperlinks to internet sites that
describe the activities, information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental and
nonprofit entities and organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources for
implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance, tools, and
resources for constructing high-performance green buildings,
particularly tools to conduct life-cycle costing and life-
cycle assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing to the public, through the Commercial
Director, technical and research information or other forms
of assistance or advice that would be useful in planning and
constructing high-performance green buildings;
(6) using such additional methods as are determined by the
Commercial Director to be appropriate to conduct public
outreach;
(7) surveying existing research and studies relating to
high-performance green buildings; and
(8) coordinating activities of common interest.
Subtitle C--High-Performance Federal Buildings
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS.
Section 543(a)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking the
table and inserting the following:
``Fiscal Year Percentage reduction
2006...............................................................2
2007...............................................................4
2008...............................................................9
2009..............................................................12
2010..............................................................15
2011..............................................................18
2012..............................................................21
2013..............................................................24
2014..............................................................27
2015............................................................30.''
SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN
FEDERAL BUILDINGS.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(f) Use of Energy and Water Efficiency Measures in
Federal Buildings.--
``(1) Definitions.--In this subsection:
``(A) Commissioning.--The term `commissioning', with
respect to a facility, means a systematic process--
``(i) of ensuring, using appropriate verification and
documentation, during the period beginning on the initial day
of the design phase of the facility and ending not earlier
than 1 year after the date of completion of construction of
the facility, that all facility systems perform interactively
in accordance with--
``(I) the design documentation and intent of the facility;
and
``(II) the operational needs of the owner of the facility,
including preparation of operation personnel; and
``(ii) the primary goal of which is to ensure fully
functional systems that can be properly operated and
maintained during the useful life of the facility.
``(B) Energy manager.--
``(i) In general.--The term `energy manager', with respect
to a facility, means the individual who is responsible for--
``(I) ensuring compliance with this subsection by the
facility; and
``(II) reducing energy use at the facility.
``(ii) Inclusions.--The term `energy manager' may include--
``(I) a contractor of a facility;
``(II) a part-time employee of a facility; and
``(III) an individual who is responsible for multiple
facilities.
``(C) Facility.--
``(i) In general.--The term `facility' means any building,
installation, structure, or other property (including any
applicable fixtures) owned or operated by, or constructed or
manufactured and leased to, the Federal Government.
``(ii) Inclusions.--The term `facility' includes--
``(I) a group of facilities at a single location or
multiple locations managed as an integrated operation; and
``(II) contractor-operated facilities owned by the Federal
Government.
``(iii) Exclusions.--The term `facility' does not include
any land or site for which the cost of utilities is not paid
by the Federal Government.
``(D) Life cycle cost-effective.--The term `life cycle
cost-effective', with respect to a measure, means a measure
the estimated savings of which exceed the estimated costs
over the lifespan of the measure, as determined in accordance
with section 544.
``(E) Payback period.--
``(i) In general.--Subject to clause (ii), the term
`payback period', with respect to a measure, means a value
equal to the quotient obtained by dividing--
``(I) the estimated initial implementation cost of the
measure (other than financing costs); by
``(II) the annual cost savings resulting from the measure,
including--
``(aa) net savings in estimated energy and water costs; and
[[Page H16690]]
``(bb) operations, maintenance, repair, replacement, and
other direct costs.
``(ii) Modifications and exceptions.--The Secretary, in
guidelines issued pursuant to paragraph (6), may make such
modifications and provide such exceptions to the calculation
of the payback period of a measure as the Secretary
determines to be appropriate to achieve the purposes of this
Act.
``(F) Recommissioning.--The term `recommissioning' means a
process--
``(i) of commissioning a facility or system beyond the
project development and warranty phases of the facility or
system; and
``(ii) the primary goal of which is to ensure optimum
performance of a facility, in accordance with design or
current operating needs, over the useful life of the
facility, while meeting building occupancy requirements.
``(G) Retrocommissioning.--The term `retrocommissioning'
means a process of commissioning a facility or system that
was not commissioned at time of construction of the facility
or system.
``(2) Facility energy managers.--
``(A) In general.--Each Federal agency shall designate an
energy manager responsible for implementing this subsection
and reducing energy use at each facility that meets criteria
under subparagraph (B).
``(B) Covered facilities.--The Secretary shall develop
criteria, after consultation with affected agencies, energy
efficiency advocates, and energy and utility service
providers, that cover, at a minimum, Federal facilities,
including central utility plants and distribution systems and
other energy intensive operations, that constitute at least
75 percent of facility energy use at each agency.
``(3) Energy and water evaluations.--
``(A) Evaluations.--Effective beginning on the date that is
180 days after the date of enactment of this subsection and
annually thereafter, energy managers shall complete, for each
calendar year, a comprehensive energy and water evaluation
for approximately 25 percent of the facilities of each agency
that meet the criteria under paragraph (2)(B) in a manner
that ensures that an evaluation of each such facility is
completed at least once every 4 years.
``(B) Recommissioning and retrocommissioning.--As part of
the evaluation under subparagraph (A), the energy manager
shall identify and assess recommissioning measures (or, if
the facility has never been commissioned, retrocommissioning
measures) for each such facility.
``(4) Implementation of identified energy and water
efficiency measures.--Not later than 2 years after the
completion of each evaluation under paragraph (3), each
energy manager may--
``(A) implement any energy- or water-saving measure that
the Federal agency identified in the evaluation conducted
under paragraph (3) that is life cycle cost-effective; and
``(B) bundle individual measures of varying paybacks
together into combined projects.
``(5) Follow-up on implemented measures.--For each measure
implemented under paragraph (4), each energy manager shall
ensure that--
``(A) equipment, including building and equipment controls,
is fully commissioned at acceptance to be operating at design
specifications;
``(B) a plan for appropriate operations, maintenance, and
repair of the equipment is in place at acceptance and is
followed;
``(C) equipment and system performance is measured during
its entire life to ensure proper operations, maintenance, and
repair; and
``(D) energy and water savings are measured and verified.
``(6) Guidelines.--
``(A) In general.--The Secretary shall issue guidelines and
necessary criteria that each Federal agency shall follow for
implementation of--
``(i) paragraphs (2) and (3) not later than 180 days after
the date of enactment of this subsection; and
``(ii) paragraphs (4) and (5) not later than 1 year after
the date of enactment of this subsection.
``(B) Relationship to funding source.--The guidelines
issued by the Secretary under subparagraph (A) shall be
appropriate and uniform for measures funded with each type of
funding made available under paragraph (10), but may
distinguish between different types of measures project size,
and other criteria the Secretary determines are relevant.
``(7) Web-based certification.--
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B) to certify compliance with the
requirements for--
``(i) energy and water evaluations under paragraph (3);
``(ii) implementation of identified energy and water
measures under paragraph (4); and
``(iii) follow-up on implemented measures under paragraph
(5).
``(B) Deployment.--
``(i) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop and
deploy a web-based tracking system required under this
paragraph in a manner that tracks, at a minimum--
``(I) the covered facilities;
``(II) the status of meeting the requirements specified in
subparagraph (A);
``(III) the estimated cost and savings for measures
required to be implemented in a facility;
``(IV) the measured savings and persistence of savings for
implemented measures; and
``(V) the benchmarking information disclosed under
paragraph (8)(C).
``(ii) Ease of compliance.--The Secretary shall ensure that
energy manager compliance with the requirements in this
paragraph, to the maximum extent practicable--
``(I) can be accomplished with the use of streamlined
procedures and templates that minimize the time demands on
Federal employees; and
``(II) is coordinated with other applicable energy
reporting requirements.
``(C) Availability.--
``(i) In general.--Subject to clause (ii), the Secretary
shall make the web-based tracking system required under this
paragraph available to Congress, other Federal agencies, and
the public through the Internet.
``(ii) Exemptions.--At the request of a Federal agency, the
Secretary may exempt specific data for specific facilities
from disclosure under clause (i) for national security
purposes.
``(8) Benchmarking of federal facilities.--
``(A) In general.--The energy manager shall enter energy
use data for each metered building that is (or is a part of)
a facility that meets the criteria established by the
Secretary under paragraph (2)(B) into a building energy use
benchmarking system, such as the Energy Star Portfolio
Manager.
``(B) System and guidance.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall--
``(i) select or develop the building energy use
benchmarking system required under this paragraph for each
type of building; and
``(ii) issue guidance for use of the system.
``(C) Public disclosure.--Each energy manager shall post
the information entered into, or generated by, a benchmarking
system under this subsections, on the web-based tracking
system under paragraph (7)(B). The energy manager shall
update such information each year, and shall include in such
reporting previous years' information to allow changes in
building performance to be tracked over time.
``(9) Federal agency scorecards.--
``(A) In general.--The Director of the Office of Management
and Budget shall issue semiannual scorecards for energy
management activities carried out by each Federal agency that
includes--
``(i) summaries of the status of implementing the various
requirements of the agency and its energy managers under this
subsection; and
``(ii) any other means of measuring performance that the
Director considers appropriate.
``(B) Availability.--The Director shall make the scorecards
required under this paragraph available to Congress, other
Federal agencies, and the public through the Internet.
``(10) Funding and implementation.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(B) Funding options.--
``(i) In general.--To carry out this subsection, a Federal
agency may use any combination of--
``(I) appropriated funds made available under subparagraph
(A); and
``(II) private financing otherwise authorized under Federal
law, including financing available through energy savings
performance contracts or utility energy service contracts.
``(ii) Combined funding for same measure.--A Federal agency
may use any combination of appropriated funds and private
financing described in clause (i) to carry out the same
measure under this subsection.
``(C) Implementation.--Each Federal agency may implement
the requirements under this subsection itself or may contract
out performance of some or all of the requirements.
``(11) Rule of construction.--This subsection shall not be
construed to require or to obviate any contractor savings
guarantees.''.
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.
(a) Standards.--Section 305(a)(3) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)) is
amended by adding at the end the following new subparagraph:
``(D) Not later than 1 year after the date of enactment of
the Energy Independence and Security Act of 2007, the
Secretary shall establish, by rule, revised Federal building
energy efficiency performance standards that require that:
``(i) For new Federal buildings and Federal buildings
undergoing major renovations, with respect to which the
Administrator of General Services is required to transmit a
prospectus to Congress under section 3307 of title 40, United
States Code, in the case of public buildings (as defined in
section 3301 of title 40, United States Code), or of at least
$2,500,000 in costs adjusted annually for inflation for other
buildings:
``(I) The buildings shall be designed so that the fossil
fuel-generated energy consumption of the buildings is
reduced, as compared with such energy consumption by a
similar building in fiscal year 2003 (as measured by
Commercial Buildings Energy Consumption Survey or Residential
Energy Consumption Survey data from the Energy Information
Agency), by the percentage specified in the following table:
``Fiscal Year Percentage
Reduction
2010.............................................. 55
2015.............................................. 65
2020.............................................. 80
2025.............................................. 90
2030.............................................. 100.
``(II) Upon petition by an agency subject to this
subparagraph, the Secretary may adjust the applicable numeric
requirement under subclause (I) downward with respect to a
specific building, if the head of the agency designing the
building certifies in writing that meeting such requirement
would be technically impracticable in light of the agency's
specified functional needs for that building and the
Secretary concurs with the agency's conclusion. This
subclause shall not apply to the General Services
Administration.
``(III) Sustainable design principles shall be applied to
the siting, design, and construction of
[[Page H16691]]
such buildings. Not later than 90 days after the date of
enactment of the Energy Independence and Security Act of
2007, the Secretary, after reviewing the findings of the
Federal Director under section 436(h) of that Act, in
consultation with the Administrator of General Services, and
in consultation with the Secretary of Defense for
considerations relating to those facilities under the custody
and control of the Department of Defense, shall identify a
certification system and level for green buildings that the
Secretary determines to be the most likely to encourage a
comprehensive and environmentally-sound approach to
certification of green buildings. The identification of the
certification system and level shall be based on a review of
the Federal Director's findings under section 436(h) of the
Energy Independence and Security Act of 2007 and the criteria
specified in clause (iii), shall identify the highest level
the Secretary determines is appropriate above the minimum
level required for certification under the system selected,
and shall achieve results at least comparable to the system
used by and highest level referenced by the General Services
Administration as of the date of enactment of the Energy
Independence and Security Act of 2007. Within 90 days of the
completion of each study required by clause (iv), the
Secretary, in consultation with the Administrator of General
Services, and in consultation with the Secretary of Defense
for considerations relating to those facilities under the
custody and control of the Department of Defense, shall
review and update the certification system and level, taking
into account the conclusions of such study.
``(ii) In establishing criteria for identifying major
renovations that are subject to the requirements of this
subparagraph, the Secretary shall take into account the
scope, degree, and types of renovations that are likely to
provide significant opportunities for substantial
improvements in energy efficiency.
``(iii) In identifying the green building certification
system and level, the Secretary shall take into
consideration--
``(I) the ability and availability of assessors and
auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this
subparagraph;
``(II) the ability of the applicable certification
organization to collect and reflect public comment;
``(III) the ability of the standard to be developed and
revised through a consensus-based process;
``(IV) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit
for promoting--
``(aa) efficient and sustainable use of water, energy, and
other natural resources;
``(bb) use of renewable energy sources;
``(cc) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls; and
``(dd) such other criteria as the Secretary determines to
be appropriate; and
``(V) national recognition within the building industry.
``(iv) At least once every five years, and in accordance
with section 436 of the Energy Independence and Security Act
of 2007, the Administrator of General Services shall conduct
a study to evaluate and compare available third-party green
building certification systems and levels, taking into
account the criteria listed in clause (iii).
``(v) The Secretary may by rule allow Federal agencies to
develop internal certification processes, using certified
professionals, in lieu of certification by the certification
entity identified under clause (i)(III). The Secretary shall
include in any such rule guidelines to ensure that the
certification process results in buildings meeting the
applicable certification system and level identified under
clause (i)(III). An agency employing an internal
certification process must continue to obtain external
certification by the certification entity identified under
clause (i)(III) for at least 5 percent of the total number of
buildings certified annually by the agency.
``(vi) With respect to privatized military housing, the
Secretary of Defense, after consultation with the Secretary
may, through rulemaking, develop alternative criteria to
those established by subclauses (I) and (III) of clause (i)
that achieve an equivalent result in terms of energy savings,
sustainable design, and green building performance.
``(vii) In addition to any use of water conservation
technologies otherwise required by this section, water
conservation technologies shall be applied to the extent that
the technologies are life-cycle cost-effective.''.
(b) Definitions.--Section 303(6) of the Energy Conservation
and Production Act (42 U.S.C. 6832(6)) is amended by striking
``which is not legally subject to State or local building
codes or similar requirements.'' and inserting ``. Such term
shall include buildings built for the purpose of being leased
by a Federal agency, and privatized military housing.''.
(c) Revision of Federal Acquisition Regulation.--Not later
than 2 years after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to require
Federal officers and employees to comply with this section
and the amendments made by this section in the acquisition,
construction, or major renovation of any facility. The
members of the Federal Acquisition Regulatory Council
(established under section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421)) shall consult with
the Federal Director and the Commercial Director before
promulgating regulations to carry out this subsection.
(d) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (c),
the Administrator for Federal Procurement Policy shall issue
guidance to all Federal procurement executives providing
direction and instructions to renegotiate the design of
proposed facilities and major renovations for existing
facilities to incorporate improvements that are consistent
with this section.
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.
(a) Large Capital Energy Investments.--Section 543 of the
National Energy Conservation Policy Act (42 U.S.C. 8253) is
amended by adding at the end the following:
``(f) Large Capital Energy Investments.--
``(1) In general.--Each Federal agency shall ensure that
any large capital energy investment in an existing building
that is not a major renovation but involves replacement of
installed equipment (such as heating and cooling systems), or
involves renovation, rehabilitation, expansion, or remodeling
of existing space, employs the most energy efficient designs,
systems, equipment, and controls that are life-cycle cost
effective.
``(2) Process for review of investment decisions.--Not
later than 180 days after the date of enactment of this
subsection, each Federal agency shall--
``(A) develop a process for reviewing each decision made on
a large capital energy investment described in paragraph (1)
to ensure that the requirements of this subsection are met;
and
``(B) report to the Director of the Office of Management
and Budget on the process established.
``(3) Compliance report.--Not later than 1 year after the
date of enactment of this subsection, the Director of the
Office of Management and Budget shall evaluate and report to
Congress on the compliance of each agency with this
subsection.''.
(b) Metering.--Section 543(e)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by
inserting after the second sentence the following: ``Not
later than October 1, 2016, each agency shall provide for
equivalent metering of natural gas and steam, in accordance
with guidelines established by the Secretary under paragraph
(2).''.
SEC. 435. LEASING.
(a) In General.--Except as provided in subsection (b),
effective beginning on the date that is 3 years after the
date of enactment of this Act, no Federal agency shall enter
into a contract to lease space in a building that has not
earned the Energy Star label in the most recent year.
(b) Exception.--
(1) Application.--This subsection applies if--
(A) no space is available in a building described in
subsection (a) that meets the functional requirements of an
agency, including locational needs;
(B) the agency proposes to remain in a building that the
agency has occupied previously;
(C) the agency proposes to lease a building of historical,
architectural, or cultural significance (as defined in
section 3306(a)(4) of title 40, United States Code) or space
in such a building; or
(D) the lease is for not more than 10,000 gross square feet
of space.
(2) Buildings without energy star label.--If 1 of the
conditions described in paragraph (2) is met, the agency may
enter into a contract to lease space in a building that has
not earned the Energy Star label in the most recent year if
the lease contract includes provisions requiring that, prior
to occupancy or, in the case of a contract described in
paragraph (1)(B), not later than 1 year after signing the
contract, the space will be renovated for all energy
efficiency and conservation improvements that would be cost
effective over the life of the lease, including improvements
in lighting, windows, and heating, ventilation, and air
conditioning systems.
(c) Revision of Federal Acquisition Regulation.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Federal Acquisition Regulation
described in section 6(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 405(a)) shall be revised to
require Federal officers and employees to comply with this
section in leasing buildings.
(2) Consultation.--The members of the Federal Acquisition
Regulatory Council established under section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)) shall
consult with the Federal Director and the Commercial Director
before promulgating regulations to carry out this subsection.
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
(a) Establishment of Office.--Not later than 60 days after
the date of enactment of this Act, the Administrator shall
establish within the General Services Administration an
Office of Federal High-Performance Green Buildings, and
appoint an individual to serve as Federal Director in, a
position in the career-reserved Senior Executive service,
to--
(1) establish and manage the Office of Federal High-
Performance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Compensation.--The compensation of the Federal Director
shall not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United
States Code, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title.
(c) Duties.--The Federal Director shall--
(1) coordinate the activities of the Office of Federal
High-Performance Green Buildings with the activities of the
Office of Commercial High-Performance Green Buildings, and
the Secretary, in accordance with section 305(a)(3)(D) of the
Energy Conservation and Production Act (42 U.S.C.
6834(a)(3)(D));
(2) ensure full coordination of high-performance green
building information and activities
[[Page H16692]]
within the General Services Administration and all relevant
agencies, including, at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense;
(G) the Department of Transportation;
(H) the National Institute of Standards and Technology; and
(I) the Office of Science and Technology Policy;
(3) establish a senior-level Federal Green Building
Advisory Committee under section 474, which shall provide
advice and recommendations in accordance with that section
and subsection (d);
(4) identify and every 5 years reassess improved or higher
rating standards recommended by the Advisory Committee;
(5) ensure full coordination, dissemination of information
regarding, and promotion of the results of research and
development information relating to Federal high-performance
green building initiatives;
(6) identify and develop Federal high-performance green
building standards for all types of Federal facilities,
consistent with the requirements of this subtitle and section
305(a)(3)(D) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3)(D));
(7) establish green practices that can be used throughout
the life of a Federal facility;
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to
Congress, in accordance with subsection (d); and
(9) identify opportunities to demonstrate innovative and
emerging green building technologies and concepts.
(d) Additional Duties.--The Federal Director, in
consultation with the Commercial Director and the Advisory
Committee, and consistent with the requirements of section
305(a)(3)(D) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3)(D)) shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-
performance green buildings, including the identification of
barriers to high-performance green building life-cycle
costing and budgetary issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal
agencies and budget examiners to apply life-cycle cost
criteria to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking;
and
(4) explore the feasibility of incorporating the benefits
of high-performance green buildings, such as security
benefits, into a cost-budget analysis to aid in life-cycle
costing for budget and decisionmaking processes.
(e) Incentives.--Within 90 days after the date of enactment
of this Act, the Federal Director shall identify incentives
to encourage the expedited use of high-performance green
buildings and related technology in the operations of the
Federal Government, in accordance with the requirements of
section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies for use in reinvesting
in future high-performance green building initiatives.
(f) Report.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the Federal
Director, in consultation with the Secretary, shall submit to
Congress a report that--
(1) describes the status of compliance with this subtitle,
the requirements of section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)),
and other Federal high-performance green building initiatives
in effect as of the date of the report, including--
(A) the extent to which the programs are being carried out
in accordance with this subtitle and the requirements of
section 305(a)(3)(D) of that Act; and
(B) the status of funding requests and appropriations for
those programs;
(2) identifies within the planning, budgeting, and
construction process all types of Federal facility procedures
that may affect the certification of new and existing Federal
facilities as high-performance green buildings under the
provisions of section 305(a)(3)(D) of that Act and the
criteria established in subsection (h);
(3) identifies inconsistencies, as reported to the Advisory
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by
Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(A) restructuring of budgets to require the use of complete
energy and environmental cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating productivity and
health measures (as those measures can be quantified by the
Office of Federal High-Performance Green Buildings, with the
assistance of universities and national laboratories);
(C) streamlining measures for permitting Federal agencies
to retain all identified savings accrued as a result of the
use of life-cycle costing for future high-performance green
building initiatives; and
(D) identifying short-term and long-term cost savings that
accrue from high-performance green buildings, including those
relating to health and productivity;
(6) identifies green, self-sustaining technologies to
address the operational needs of Federal facilities in times
of national security emergencies, natural disasters, or other
dire emergencies;
(7) summarizes and highlights development, at the State and
local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted
promoting high-performance green building (including the
status of implementation of those initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan
for implementation of each recommendation, described in
paragraphs (1) through (7).
(g) Implementation.--The Office of Federal High-Performance
Green Buildings shall carry out each plan for implementation
of recommendations under subsection (f)(8).
(h) Identification of Certification System.--
(1) In general.--For the purpose of this section, not later
than 60 days after the date of enactment of this Act, the
Federal Director shall identify and shall provide to the
Secretary pursuant to section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a
certification system that the Director determines to be the
most likely to encourage a comprehensive and environmentally-
sound approach to certification of green buildings.
(2) Basis.--The system identified under paragraph (1) shall
be based on--
(A) a study completed every 5 years and provided to the
Secretary pursuant to section 305(a)(3)(D) of that Act, which
shall be carried out by the Federal Director to compare and
evaluate standards;
(B) the ability and availability of assessors and auditors
to independently verify the criteria and measurement of
metrics at the scale necessary to implement this subtitle;
(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standard to be developed and revised
through a consensus-based process;
(E) an evaluation of the robustness of the criteria for a
high performance green building, which shall give credit for
promoting--
(i) efficient and sustainable use of water, energy, and
other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls;
(iv) reduced impacts from transportation through building
location and site design that promote access by public
transportation; and
(v) such other criteria as the Federal Director determines
to be appropriate; and
(F) national recognition within the building industry.
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General.--Not later than October 31 of each of the 2
fiscal years following the fiscal year in which this Act is
enacted, and at such times thereafter as the Comptroller
General of the United States determines to be appropriate,
the Comptroller General of the United States shall, with
respect to the fiscal years that have passed since the
preceding report--
(1) conduct an audit of the implementation of this
subtitle, section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), and section 435;
and
(2) submit to the Federal Director, the Advisory Committee,
the Administrator, and Congress a report describing the
results of the audit.
(b) Contents.--An audit under subsection (a) shall include
a review, with respect to the period covered by the report
under subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues,
using best practices identified by the Comptroller General of
the United States and heads of other agencies in accordance
with section 436(d);
(2) the level of coordination among the Federal Director,
the Office of Management and Budget, the Department of
Energy, and relevant agencies;
(3) the performance of the Federal Director and other
agencies in carrying out the implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the
United States determines to be appropriate.
(c) Environmental Stewardship Scorecard.--The Federal
Director shall consult with the Advisory Committee to
enhance, and assist in the implementation of, the Office of
Management and Budget government efficiency reports and
scorecards under section 528 and the Environmental
Stewardship Scorecard announced at the White House summit on
Federal sustainable buildings in January 2006, to measure the
implementation by each Federal agency of sustainable design
and green building initiatives.
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL
DEVELOPMENT PROJECTS.
The sponsor of any development or redevelopment project
involving a Federal facility with a footprint that exceeds
5,000 square feet shall use site planning, design,
construction, and maintenance strategies for the property to
maintain or restore, to the maximum extent technically
feasible, the predevelopment hydrology of the property with
regard to the temperature, rate, volume, and duration of
flow.
[[Page H16693]]
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of General
Services.
(b) Establishment.--
(1) In general.--The Administrator shall establish a
program to accelerate the use of more cost-effective
technologies and practices at GSA facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the coordination
of cost reduction-related recommendations, practices, and
activities of all relevant Federal agencies;
(B) provide technical assistance and operational guidance
to applicable tenants to achieve the goal identified in
subsection (c)(2)(B)(ii);
(C) establish methods to track the success of Federal
departments and agencies with respect to that goal; and
(D) be fully coordinated with and no less stringent nor
less energy-conserving or water-conserving than required by
other provisions of this Act and other applicable law,
including sections 321 through 324, 431 through 438, 461, 511
through 518, and 523 through 525 and amendments made by those
sections.
(c) Accelerated Use of Technologies.--
(1) Review.--
(A) In general.--As part of the program under this section,
not later than 90 days after the date of enactment of this
Act, the Administrator shall conduct a review of--
(i) current use of cost-effective lighting technologies and
geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies and geothermal heat
pumps.
(B) Requirements.--The review under subparagraph (A)
shall--
(i) examine the use of cost-effective lighting
technologies, geothermal heat pumps, and other cost-effective
technologies and practices by Federal agencies in GSA
facilities; and
(ii) as prepared in consultation with the Administrator of
the Environmental Protection Agency, identify cost-effective
lighting technology and geothermal heat pump technology
standards that could be used for all types of GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this section,
not later than 180 days after the date of enactment of this
Act, the Administrator shall establish, using available
appropriations and programs implementing sections 432 and 525
(and amendments made by those sections), a cost-effective
lighting technology and geothermal heat pump technology
acceleration program to achieve maximum feasible replacement
of existing lighting, heating, cooling technologies with
cost-effective lighting technologies and geothermal heat pump
technologies in each GSA facility. Such program shall fully
comply with the requirements of sections 321 through 324, 431
through 438, 461, 511 through 518, and 523 through 525 and
amendments made by those sections and any other provisions of
law, which shall be applicable to the extent that they are
more stringent or would achieve greater energy savings than
required by this section.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established under
subparagraph (A), not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
timetable of actions to comply with the requirements of this
section and sections 431 through 435, whichever achieves
greater energy savings most expeditiously, including
milestones for specific activities needed to replace existing
lighting, heating, cooling technologies with cost-effective
lighting technologies and geothermal heat pump technologies,
to the maximum extent feasible (including at the maximum rate
feasible), at each GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations and
programs implementing sections 431 through 435 (and
amendments made by those sections), maximum feasible
replacement of existing lighting, heating, and cooling
technologies with cost-effective lighting technologies and
geothermal heat pump technologies consistent with the
requirements of this section and sections 431 through 435,
whichever achieves greater energy savings most expeditiously.
Notwithstanding any provision of this section, such program
shall fully comply with the requirements of the Act including
sections 321 through 324, 431 through 438, 461, 511 through
518, and 523 through 525 and amendments made by those
sections and other provisions of law, which shall be
applicable to the extent that they are more stringent or
would achieve greater energy or water savings than required
by this section.
(d) GSA Facility Technologies and Practices.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall--
(A) ensure that a manager responsible for implementing
section 432 and for accelerating the use of cost-effective
technologies and practices is designated for each GSA
facility; and
(B) submit to Congress a plan to comply with section 432,
this section, and other applicable provisions of this Act and
applicable law with respect to energy and water conservation
at GSA facilities.
(2) Measures.--The plan shall implement measures required
by such other provisions of law in accordance with those
provisions, and shall implement the measures required by this
section to the maximum extent feasible (including at the
maximum rate feasible) using available appropriations and
programs implementing sections 431 through 435 and 525 (and
amendments made by those sections), by not later than the
date that is 5 years after the date of enactment of this Act.
(3) Contents of plan.--The plan shall--
(A) with respect to cost-effective technologies and
practices--
(i) identify the specific activities needed to comply with
sections 431 through 435;
(ii) identify the specific activities needed to achieve at
least a 20-percent reduction in operational costs through the
application of cost-effective technologies and practices from
2003 levels at GSA facilities by not later than 5 years after
the date of enactment of this Act;
(iii) describe activities required and carried out to
estimate the funds necessary to achieve the reduction
described in clauses (i) and (ii);
(B) include an estimate of the funds necessary to carry out
this section;
(C) describe the status of the implementation of cost-
effective technologies and practices at GSA facilities,
including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this subtitle; and
(ii) the status of funding requests and appropriations for
those programs;
(D) identify within the planning, budgeting, and
construction processes, all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies;
(E) recommend language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices;
(F) in coordination with the Office of Management and
Budget, review the budget process for capital programs with
respect to alternatives for--
(i) implementing measures that will assure that Federal
agencies retain all identified savings accrued as a result of
the use of cost-effective technologies, consistent with
section 543(a)(1) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(a)(1), and other applicable law; and
(ii) identifying short- and long-term cost savings that
accrue from the use of cost-effective technologies and
practices;
(G) with respect to cost-effective technologies and
practices, achieve substantial operational cost savings
through the application of the technologies; and
(H) include recommendations to address each of the matters,
and a plan for implementation of each recommendation,
described in subparagraphs (A) through (G).
(4) Administration.--Notwithstanding any provision of this
section, the program required under this section shall fully
comply with the requirements of sections 321 through 324, 431
through 438, 461, 511 through 518, and 523 through 525 and
amendments made by those sections, which shall be applicable
to the extent that they are more stringent or would achieve
greater energy or water savings than required by this
section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, to remain available until expended.
SEC. 440. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
sections 434 through 439 and 482 $4,000,000 for each of
fiscal years 2008 through 2012, to remain available until
expended.
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.
Section 544(a)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8254(a)(1)) is amended by striking
``25'' and inserting ``40''.
Subtitle D--Industrial Energy Efficiency
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.
(a) In General.--Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.) is amended by
inserting after part D the following:
``PART E--INDUSTRIAL ENERGY EFFICIENCY
``SEC. 371. DEFINITIONS.
``In this part:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Combined heat and power.--The term `combined heat and
power system' means a facility that--
``(A) simultaneously and efficiently produces useful
thermal energy and electricity; and
``(B) recovers not less than 60 percent of the energy value
in the fuel (on a higher-heating-value basis) in the form of
useful thermal energy and electricity.
``(3) Net excess power.--The term `net excess power' means,
for any facility, recoverable waste energy recovered in the
form of electricity in quantities exceeding the total
consumption of electricity at the specific time of generation
on the site at which the facility is located.
``(4) Project.--The term `project' means a recoverable
waste energy project or a combined heat and power system
project.
``(5) Recoverable waste energy.--The term `recoverable
waste energy' means waste energy from which electricity or
useful thermal energy may be recovered through modification
of an existing facility or addition of a new facility.
``(6) Registry.--The term `Registry' means the Registry of
Recoverable Waste Energy Sources established under section
372(d).
``(7) Useful thermal energy.--The term `useful thermal
energy' means energy--
``(A) in the form of direct heat, steam, hot water, or
other thermal form that is used in production and beneficial
measures for heating, cooling, humidity control, process use,
or other valid thermal end-use energy requirements; and
``(B) for which fuel or electricity would otherwise be
consumed.
[[Page H16694]]
``(8) Waste energy.--The term `waste energy' means--
``(A) exhaust heat or flared gas from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
``(C) a pressure drop in any gas, excluding any pressure
drop to a condenser that subsequently vents the resulting
heat; and
``(D) such other forms of waste energy as the Administrator
may determine.
``(9) Other terms.--The terms `electric utility',
`nonregulated electric utility', `State regulated electric
utility', and other terms have the meanings given those terms
in title I of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2611 et seq.).
``SEC. 372. SURVEY AND REGISTRY.
``(a) Recoverable Waste Energy Inventory Program.--
``(1) In general.--The Administrator, in cooperation with
the Secretary and State energy offices, shall establish a
recoverable waste energy inventory program.
``(2) Survey.--The program shall include--
``(A) an ongoing survey of all major industrial and large
commercial combustion sources in the United States (as
defined by the Administrator) and the sites at which the
sources are located; and
``(B) a review of each source for the quantity and quality
of waste energy produced at the source.
``(b) Criteria.--
``(1) In general.--Not later than 270 days after the date
of enactment of the Energy Independence and Security Act of
2007, the Administrator shall publish a rule for establishing
criteria for including sites in the Registry.
``(2) Inclusions.--The criteria shall include--
``(A) a requirement that, to be included in the Registry, a
project at the site shall be determined to be economically
feasible by virtue of offering a payback of invested costs
not later than 5 years after the date of first full project
operation (including incentives offered under this part);
``(B) standards to ensure that projects proposed for
inclusion in the Registry are not developed or used for the
primary purpose of making sales of excess electric power
under the regulatory provisions of this part; and
``(C) procedures for contesting the listing of any source
or site on the Registry by any State, utility, or other
interested person.
``(c) Technical Support.--On the request of the owner or
operator of a source or site included in the Registry, the
Secretary shall--
``(1) provide to owners or operators of combustion sources
technical support; and
``(2) offer partial funding (in an amount equal to not more
than \1/2\ of total costs) for feasibility studies to confirm
whether or not investment in recovery of waste energy or
combined heat and power at a source would offer a payback
period of 5 years or less.
``(d) Registry.--
``(1) Establishment.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Energy Independence and Security Act of
2007, the Administrator shall establish a Registry of
Recoverable Waste Energy Sources, and sites on which the
sources are located, that meet the criteria established under
subsection (b).
``(B) Updates; availability.--The Administrator shall--
``(i) update the Registry on a regular basis; and
``(ii) make the Registry available to the public on the
website of the Environmental Protection Agency.
``(C) Contesting listing.--Any State, electric utility, or
other interested person may contest the listing of any source
or site by submitting a petition to the Administrator.
``(2) Contents.--
``(A) In general.--The Administrator shall register and
include on the Registry all sites meeting the criteria
established under subsection (b).
``(B) Quantity of recoverable waste energy.--The
Administrator shall--
``(i) calculate the total quantities of potentially
recoverable waste energy from sources at the sites,
nationally and by State; and
``(ii) make public--
``(I) the total quantities described in clause (i); and
``(II) information on the criteria pollutant and greenhouse
gas emissions savings that might be achieved with recovery of
the waste energy from all sources and sites listed on the
Registry.
``(3) Availability of information.--
``(A) In general.--The Administrator shall notify owners or
operators of recoverable waste energy sources and sites
listed on the Registry prior to publishing the listing.
``(B) Detailed quantitative information.--
``(i) In general.--Except as provided in clause (ii), the
owner or operator of a source at a site may elect to have
detailed quantitative information concerning the site not
made public by notifying the Administrator of the election.
``(ii) Limited availability.--The information shall be made
available to--
``(I) the applicable State energy office; and
``(II) any utility requested to support recovery of waste
energy from the source pursuant to the incentives provided
under section 374.
``(iii) State totals.--Information concerning the site
shall be included in the total quantity of recoverable waste
energy for a State unless there are fewer than 3 sites in the
State.
``(4) Removal of projects from registry.--
``(A) In general.--Subject to subparagraph (B), as a
project achieves successful recovery of waste energy, the
Administrator shall--
``(i) remove the related sites or sources from the
Registry; and
``(ii) designate the removed projects as eligible for
incentives under section 374.
``(B) Limitation.--No project shall be removed from the
Registry without the consent of the owner or operator of the
project if--
``(i) the owner or operator has submitted a petition under
section 374; and
``(ii) the petition has not been acted on or denied.
``(5) Ineligibility of certain sources.--The Administrator
shall not list any source constructed after the date of the
enactment of the Energy Independence and Security Act of 2007
on the Registry if the Administrator determines that the
source--
``(A) was developed for the primary purpose of making sales
of excess electric power under the regulatory provisions of
this part; or
``(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a higher-heating-value
basis) in the form of useful thermal energy, electricity,
mechanical energy, chemical output, or any combination
thereof.
``(e) Self-Certification.--
``(1) In general.--Subject to any procedures that are
established by the Administrator, an owner, operator, or
third-party developer of a recoverable waste energy project
that qualifies under standards established by the
Administrator may self-certify the sites or sources of the
owner, operator, or developer to the Administrator for
inclusion in the Registry.
``(2) Review and approval.--To prevent a fraudulent
listing, a site or source shall be included on the Registry
only if the Administrator reviews and approves the self-
certification.
``(f) New Facilities.--As a new energy-consuming industrial
facility is developed after the date of enactment of the
Energy Independence and Security Act of 2007, to the extent
the facility may constitute a site with recoverable waste
energy that may qualify for inclusion on the Registry, the
Administrator may elect to include the facility on the
Registry, at the request of the owner, operator, or developer
of the facility, on a conditional basis with the site to be
removed from the Registry if the development ceases or the
site fails to qualify for listing under this part.
``(g) Optimum Means of Recovery.--For each site listed in
the Registry, at the request of the owner or operator of the
site, the Administrator shall offer, in cooperation with
Clean Energy Application Centers operated by the Secretary of
Energy, suggestions for optimum means of recovery of value
from waste energy stream in the form of electricity, useful
thermal energy, or other energy-related products.
``(h) Revision.--Each annual report of a State under
section 548(a) of the National Energy Conservation Policy Act
(42 U.S.C. 8258(a)) shall include the results of the survey
for the State under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to--
``(1) the Administrator to create and maintain the Registry
and services authorized by this section, $1,000,000 for each
of fiscal years 2008 through 2012; and
``(2) the Secretary--
``(A) to assist site or source owners and operators in
determining the feasibility of projects authorized by this
section, $2,000,000 for each of fiscal years 2008 through
2012; and
``(B) to provide funding for State energy office functions
under this section, $5,000,000.
``SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish in the
Department of Energy a waste energy recovery incentive grant
program to provide incentive grants to--
``(1) owners and operators of projects that successfully
produce electricity or incremental useful thermal energy from
waste energy recovery;
``(2) utilities purchasing or distributing the electricity;
and
``(3) States that have achieved 80 percent or more of
recoverable waste heat recovery opportunities.
``(b) Grants to Projects and Utilities.--
``(1) In general.--The Secretary shall make grants under
this section--
``(A) to the owners or operators of waste energy recovery
projects; and
``(B) in the case of excess power purchased or transmitted
by a electric utility, to the utility.
``(2) Proof.--Grants may only be made under this section on
receipt of proof of waste energy recovery or excess
electricity generation, or both, from the project in a form
prescribed by the Secretary.
``(3) Excess electric energy.--
``(A) In general.--In the case of waste energy recovery, a
grant under this section shall be made at the rate of $10 per
megawatt hour of documented electricity produced from
recoverable waste energy (or by prevention of waste energy in
the case of a new facility) by the project during the first 3
calendar years of production, beginning on or after the date
of enactment of the Energy Independence and Security Act of
2007.
``(B) Utilities.--If the project produces net excess power
and an electric utility purchases or transmits the excess
power, 50 percent of so much of the grant as is attributable
to the net excess power shall be paid to the electric utility
purchasing or transporting the net excess power.
``(4) Useful thermal energy.--In the case of waste energy
recovery that produces useful thermal energy that is used for
a purpose different from that for which the project is
principally designed, a grant under this section shall be
made to the owner or operator of the waste energy recovery
project at the rate of $10 for each 3,412,000 Btus of the
excess thermal energy used for the different purpose.
``(c) Grants to States.--In the case of any State that has
achieved 80 percent or more of
[[Page H16695]]
waste heat recovery opportunities identified by the Secretary
under this part, the Administrator shall make a 1-time grant
to the State in an amount of not more than $1,000 per
megawatt of waste-heat capacity recovered (or a thermal
equivalent) to support State-level programs to identify and
achieve additional energy efficiency.
``(d) Eligibility.--The Secretary shall--
``(1) establish rules and guidelines to establish
eligibility for grants under subsection (b);
``(2) publicize the availability of the grant program known
to owners or operators of recoverable waste energy sources
and sites listed on the Registry; and
``(3) award grants under the program on the basis of the
merits of each project in recovering or preventing waste
energy throughout the United States on an impartial,
objective, and not unduly discriminatory basis.
``(e) Limitation.--The Secretary shall not award grants to
any person for a combined heat and power project or a waste
heat recovery project that qualifies for specific Federal tax
incentives for combined heat and power or for waste heat
recovery.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary--
``(1) to make grants to projects and utilities under
subsection (b)--
``(A) $100,000,000 for fiscal year 2008 and $200,000,000
for each of fiscal years 2009 through 2012; and
``(B) such additional amounts for fiscal year 2008 and each
fiscal year thereafter as may be necessary for administration
of the waste energy recovery incentive grant program; and
``(2) to make grants to States under subsection (b),
$10,000,000 for each of fiscal years 2008 through 2012, to
remain available until expended.
``SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND
PREVENTION OF INDUSTRIAL WASTE ENERGY.
``(a) Consideration of Standard.--
``(1) In general.--Not later than 180 days after the
receipt by a State regulatory authority (with respect to each
electric utility for which the authority has ratemaking
authority), or nonregulated electric utility, of a request
from a project sponsor or owner or operator, the State
regulatory authority or nonregulated electric utility shall--
``(A) provide public notice and conduct a hearing
respecting the standard established by subsection (b); and
``(B) on the basis of the hearing, consider and make a
determination whether or not it is appropriate to implement
the standard to carry out the purposes of this part.
``(2) Relationship to state law.--For purposes of any
determination under paragraph (1) and any review of the
determination in any court, the purposes of this section
supplement otherwise applicable State law.
``(3) Nonadoption of standard.--Nothing in this part
prohibits any State regulatory authority or nonregulated
electric utility from making any determination that it is not
appropriate to adopt any standard described in paragraph (1),
pursuant to authority under otherwise applicable State law.
``(b) Standard for Sales of Excess Power.--For purposes of
this section, the standard referred to in subsection (a)
shall provide that an owner or operator of a waste energy
recovery project identified on the Registry that generates
net excess power shall be eligible to benefit from at least 1
of the options described in subsection (c) for disposal of
the net excess power in accordance with the rate conditions
and limitations described in subsection (d).
``(c) Options.--The options referred to in subsection (b)
are as follows:
``(1) Sale of net excess power to utility.--The electric
utility shall purchase the net excess power from the owner or
operator of the eligible waste energy recovery project during
the operation of the project under a contract entered into
for that purpose.
``(2) Transport by utility for direct sale to third
party.--The electric utility shall transmit the net excess
power on behalf of the project owner or operator to up to 3
separate locations on the system of the utility for direct
sale by the owner or operator to third parties at those
locations.
``(3) Transport over private transmission lines.--The State
and the electric utility shall permit, and shall waive or
modify such laws as would otherwise prohibit, the
construction and operation of private electric wires
constructed, owned, and operated by the project owner or
operator, to transport the power to up to 3 purchasers within
a 3-mile radius of the project, allowing the wires to use or
cross public rights-of-way, without subjecting the project to
regulation as a public utility, and according the wires the
same treatment for safety, zoning, land use, and other legal
privileges as apply or would apply to the wires of the
utility, except that--
``(A) there shall be no grant of any power of eminent
domain to take or cross private property for the wires; and
``(B) the wires shall be physically segregated and not
interconnected with any portion of the system of the utility,
except on the customer side of the revenue meter of the
utility and in a manner that precludes any possible export of
the electricity onto the utility system, or disruption of the
system.
``(4) Agreed on alternatives.--The utility and the owner or
operator of the project may reach agreement on any alternate
arrangement and payments or rates associated with the
arrangement that is mutually satisfactory and in accord with
State law.
``(d) Rate Conditions and Criteria.--
``(1) Definitions.--In this subsection:
``(A) Per unit distribution costs.--The term `per unit
distribution costs' means (in kilowatt hours) the quotient
obtained by dividing--
``(i) the depreciated book-value distribution system costs
of a utility; by
``(ii) the volume of utility electricity sales or
transmission during the previous year at the distribution
level.
``(B) Per unit distribution margin.--The term `per unit
distribution margin' means--
``(i) in the case of a State-regulated electric utility, a
per-unit gross pretax profit equal to the product obtained by
multiplying--
``(I) the State-approved percentage rate of return for the
utility for distribution system assets; by
``(II) the per unit distribution costs; and
``(ii) in the case of a nonregulated utility, a per unit
contribution to net revenues determined multiplying--
``(I) the percentage (but not less than 10 percent)
obtained by dividing--
``(aa) the amount of any net revenue payment or
contribution to the owners or subscribers of the nonregulated
utility during the prior year; by
``(bb) the gross revenues of the utility during the prior
year to obtain a percentage; by
``(II) the per unit distribution costs.
``(C) Per unit transmission costs.--The term `per unit
transmission costs' means the total cost of those
transmission services purchased or provided by a utility on a
per-kilowatt-hour basis as included in the retail rate of the
utility.
``(2) Options.--The options described in paragraphs (1) and
(2) in subsection (c) shall be offered under purchase and
transport rate conditions that reflect the rate components
defined under paragraph (1) as applicable under the
circumstances described in paragraph (3).
``(3) Applicable rates.--
``(A) Rates applicable to sale of net excess power.--
``(i) In general.--Sales made by a project owner or
operator of a facility under the option described in
subsection (c)(1) shall be paid for on a per kilowatt hour
basis that shall equal the full undiscounted retail rate paid
to the utility for power purchased by the facility minus per
unit distribution costs, that applies to the type of utility
purchasing the power.
``(ii) Voltages exceeding 25 kilovolts.--If the net excess
power is made available for purchase at voltages that must be
transformed to or from voltages exceeding 25 kilovolts to be
available for resale by the utility, the purchase price shall
further be reduced by per unit transmission costs.
``(B) Rates applicable to transport by utility for direct
sale to third parties.--
``(i) In general.--Transportation by utilities of power on
behalf of the owner or operator of a project under the option
described in subsection (c)(2) shall incur a transportation
rate that shall equal the per unit distribution costs and per
unit distribution margin, that applies to the type of utility
transporting the power.
``(ii) Voltages exceeding 25 kilovolts.--If the net excess
power is made available for transportation at voltages that
must be transformed to or from voltages exceeding 25
kilovolts to be transported to the designated third-party
purchasers, the transport rate shall further be increased by
per unit transmission costs.
``(iii) States with competitive retail markets for
electricity.--In a State with a competitive retail market for
electricity, the applicable transportation rate for similar
transportation shall be applied in lieu of any rate
calculated under this paragraph.
``(4) Limitations.--
``(A) In general.--Any rate established for sale or
transportation under this section shall--
``(i) be modified over time with changes in the underlying
costs or rates of the electric utility; and
``(ii) reflect the same time-sensitivity and billing
periods as are established in the retail sales or
transportation rates offered by the utility.
``(B) Limitation.--No utility shall be required to purchase
or transport a quantity of net excess power under this
section that exceeds the available capacity of the wires,
meter, or other equipment of the electric utility serving the
site unless the owner or operator of the project agrees to
pay necessary and reasonable upgrade costs.
``(e) Procedural Requirements for Consideration and
Determination.--
``(1) Public notice and hearing.--
``(A) In general.--The consideration referred to in
subsection (a) shall be made after public notice and hearing.
``(B) Administration.--The determination referred to in
subsection (a) shall be--
``(i) in writing;
``(ii) based on findings included in the determination and
on the evidence presented at the hearing; and
``(iii) available to the public.
``(2) Intervention by administrator.--The Administrator may
intervene as a matter of right in a proceeding conducted
under this section--
``(A) to calculate--
``(i) the energy and emissions likely to be saved by
electing to adopt 1 or more of the options; and
``(ii) the costs and benefits to ratepayers and the
utility; and
``(B) to advocate for the waste-energy recovery
opportunity.
``(3) Procedures.--
``(A) In general.--Except as otherwise provided in
paragraphs (1) and (2), the procedures for the consideration
and determination referred to in subsection (a) shall be the
procedures established by the State regulatory authority or
the nonregulated electric utility.
``(B) Multiple projects.--If there is more than 1 project
seeking consideration simultaneously in connection with the
same utility, the proceeding may encompass all such projects,
if full attention is paid to individual circumstances and
merits and an individual judgment is reached with respect to
each project.
[[Page H16696]]
``(f) Implementation.--
``(1) In general.--The State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility may,
to the extent consistent with otherwise applicable State
law--
``(A) implement the standard determined under this section;
or
``(B) decline to implement any such standard.
``(2) Nonimplementation of standard.--
``(A) In general.--If a State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility
declines to implement any standard established by this
section, the authority or nonregulated electric utility shall
state in writing the reasons for declining to implement the
standard.
``(B) Availability to public.--The statement of reasons
shall be available to the public.
``(C) Annual report.--The Administrator shall include in an
annual report submitted to Congress a description of the lost
opportunities for waste-heat recovery from the project
described in subparagraph (A), specifically identifying the
utility and stating the quantity of lost energy and emissions
savings calculated.
``(D) New petition.--If a State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility
declines to implement the standard established by this
section, the project sponsor may submit a new petition under
this section with respect to the project at any time after
the date that is 2 years after the date on which the State
regulatory authority or nonregulated utility declined to
implement the standard.
``SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
``(a) Renaming.--
``(1) In general.--The Combined Heat and Power Application
Centers of the Department of Energy are redesignated as Clean
Energy Application Centers.
``(2) References.--Any reference in any law, rule,
regulation, or publication to a Combined Heat and Power
Application Center shall be treated as a reference to a Clean
Energy Application Center.
``(b) Relocation.--
``(1) In general.--In order to better coordinate efforts
with the separate Industrial Assessment Centers and to ensure
that the energy efficiency and, when applicable, the
renewable nature of deploying mature clean energy technology
is fully accounted for, the Secretary shall relocate the
administration of the Clean Energy Application Centers to the
Office of Energy Efficiency and Renewable Energy within the
Department of Energy.
``(2) Office of electricity delivery and energy
reliability.--The Office of Electricity Delivery and Energy
Reliability shall--
``(A) continue to perform work on the role of technology
described in paragraph (1) in support of the grid and the
reliability and security of the technology; and
``(B) shall assist the Clean Energy Application Centers in
the work of the Centers with regard to the grid and with
electric utilities.
``(c) Grants.--
``(1) In general.--The Secretary shall make grants to
universities, research centers, and other appropriate
institutions to ensure the continued operations and
effectiveness of 8 Regional Clean Energy Application Centers
in each of the following regions (as designated for such
purposes as of the date of the enactment of the Energy
Independence and Security Act of 2007):
``(A) Gulf Coast.
``(B) Intermountain.
``(C) Mid-Atlantic.
``(D) Midwest.
``(E) Northeast.
``(F) Northwest.
``(G) Pacific.
``(H) Southeast.
``(2) Establishment of goals and compliance.--In making
grants under this subsection, the Secretary shall ensure that
sufficient goals are established and met by each Center
throughout the program duration concerning outreach and
technology deployment.
``(d) Activities.--
``(1) In general.--Each Clean Energy Application Center
shall--
``(A) operate a program to encourage deployment of clean
energy technologies through education and outreach to
building and industrial professionals; and other individuals
and organizations with an interest in efficient energy use;
and
``(B) provide project specific support to building and
industrial professionals through assessments and advisory
activities.
``(2) Types of activities.--Funds made available under this
section may be used--
``(A) to develop and distribute informational materials on
clean energy technologies, including continuation of the 8
websites in existence on the date of enactment of the Energy
Independence and Security Act of 2007;
``(B) to develop and conduct target market workshops,
seminars, internet programs, and other activities to educate
end users, regulators, and stakeholders in a manner that
leads to the deployment of clean energy technologies;
``(C) to provide or coordinate onsite assessments for sites
and enterprises that may consider deployment of clean energy
technology;
``(D) to perform market research to identify high profile
candidates for clean energy deployment;
``(E) to provide consulting support to sites considering
deployment of clean energy technologies;
``(F) to assist organizations developing clean energy
technologies to overcome barriers to deployment; and
``(G) to assist companies and organizations with
performance evaluations of any clean energy technology
implemented.
``(e) Duration.--
``(1) In general.--A grant awarded under this section shall
be for a period of 5 years
``(2) Annual evaluations.--Each grant shall be evaluated
annually for the continuation of the grant based on the
activities and results of the grant.
``(f) Authorization.--There is authorized to be
appropriated to carry out this section $10,000,000 for each
of fiscal years 2008 through 2012.''.
(b) Table of Contents.--The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by inserting after the items relating to part D of title III
the following:
``Part E--Industrial Energy Efficiency
``Sec. 371. Definitions.
``Sec. 372. Survey and Registry.
``Sec. 373.Waste energy recovery incentive grant program.
``Sec. 374. Additional incentives for recovery, utilization and
prevention of industrial waste energy.
``Sec. 375. Clean Energy Application Centers.''.
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an energy-intensive industry;
(B) a national trade association representing an energy-
intensive industry; or
(C) a person acting on behalf of 1 or more energy-intensive
industries or sectors, as determined by the Secretary.
(2) Energy-intensive industry.--The term ``energy-intensive
industry'' means an industry that uses significant quantities
of energy as part of its primary economic activities,
including--
(A) information technology, including data centers
containing electrical equipment used in processing, storing,
and transmitting digital information;
(B) consumer product manufacturing;
(C) food processing;
(D) materials manufacturers, including--
(i) aluminum;
(ii) chemicals;
(iii) forest and paper products;
(iv) metal casting;
(v) glass;
(vi) petroleum refining;
(vii) mining; and
(viii) steel;
(E) other energy-intensive industries, as determined by the
Secretary.
(3) Feedstock.--The term ``feedstock'' means the raw
material supplied for use in manufacturing, chemical, and
biological processes.
(4) Partnership.--The term ``partnership'' means an energy
efficiency partnership established under subsection
(c)(1)(A).
(5) Program.--The term ``program'' means the energy-
intensive industries program established under subsection
(b).
(b) Establishment of Program.--The Secretary shall
establish a program under which the Secretary, in cooperation
with energy-intensive industries and national industry trade
associations representing the energy-intensive industries,
shall support, research, develop, and promote the use of new
materials processes, technologies, and techniques to optimize
energy efficiency and the economic competitiveness of the
United States' industrial and commercial sectors.
(c) Partnerships.--
(1) In general.--As part of the program, the Secretary
shall establish energy efficiency partnerships between the
Secretary and eligible entities to conduct research on,
develop, and demonstrate new processes, technologies, and
operating practices and techniques to significantly improve
the energy efficiency of equipment and processes used by
energy-intensive industries, including the conduct of
activities to--
(A) increase the energy efficiency of industrial processes
and facilities;
(B) research, develop, and demonstrate advanced
technologies capable of energy intensity reductions and
increased environmental performance; and
(C) promote the use of the processes, technologies, and
techniques described in subparagraphs (A) and (B).
(2) Eligible activities.--Partnership activities eligible
for funding under this subsection include--
(A) feedstock and recycling research, development, and
demonstration activities to identify and promote--
(i) opportunities for meeting industry feedstock
requirements with more energy efficient and flexible sources
of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that
improve the quality and quantity of feedstocks recovered from
process and waste streams; and
(iii) other methods using recycling, reuse, and improved
industrial materials;
(B) research to develop and demonstrate technologies and
processes that utilize alternative energy sources to supply
heat, power, and new feedstocks for energy-intensive
industries;
(C) research to achieve energy efficiency in steam, power,
control system, and process heat technologies, and in other
manufacturing processes; and
(D) industrial and commercial energy efficiency and
sustainability assessments to--
(i) assist individual industrial and commercial sectors in
developing tools, techniques, and methodologies to assess--
(I) the unique processes and facilities of the sectors;
(II) the energy utilization requirements of the sectors;
and
[[Page H16697]]
(III) the application of new, more energy efficient
technologies; and
(ii) conduct energy savings assessments;
(E) the incorporation of technologies and innovations that
would significantly improve the energy efficiency and
utilization of energy-intensive commercial applications; and
(F) any other activities that the Secretary determines to
be appropriate.
(3) Proposals.--
(A) In general.--To be eligible for funding under this
subsection, a partnership shall submit to the Secretary a
proposal that describes the proposed research, development,
or demonstration activity to be conducted by the partnership.
(B) Review.--After reviewing the scientific, technical, and
commercial merit of a proposals submitted under subparagraph
(A), the Secretary shall approve or disapprove the proposal.
(C) Competitive awards.--The provision of funding under
this subsection shall be on a competitive basis.
(4) Cost-sharing requirement.--In carrying out this
section, the Secretary shall require cost sharing in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352).
(d) Grants.--The Secretary may award competitive grants for
innovative technology research, development and
demonstrations to universities, individual inventors, and
small companies, based on energy savings potential,
commercial viability, and technical merit.
(e) Institution of Higher Education-Based Industrial
Research and Assessment Centers.--The Secretary shall provide
funding to institution of higher education-based industrial
research and assessment centers, whose purpose shall be--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance;
(2) to promote applications of emerging concepts and
technologies in small and medium-sized manufacturers;
(3) to promote research and development for the use of
alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
(4) to coordinate with appropriate Federal and State
research offices, and provide a clearinghouse for industrial
process and energy efficiency technical assistance resources;
and
(5) to coordinate with State-accredited technical training
centers and community colleges, while ensuring appropriate
services to all regions of the United States.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
(2) Partnership activities.--Of the amounts made available
under paragraph (1), not less than 50 percent shall be used
to pay the Federal share of partnership activities under
subsection (c).
(3) Coordination and nonduplication.--The Secretary shall
coordinate efforts under this section with other programs of
the Department and other Federal agencies to avoid
duplication of effort.
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) Definitions.--In this section:
(1) Data center.--The term ``data center'' means any
facility that primarily contains electronic equipment used to
process, store, and transmit digital information, which may
be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses
environmental control equipment to maintain the proper
conditions for the operation of electronic equipment.
(2) Data center operator.--The term ``data center
operator'' means any person or government entity that builds
or operates a data center or purchases data center services,
equipment, and facilities.
(b) Voluntary National Information Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary and the Administrator of
the Environmental Protection Agency shall, after consulting
with information technology industry and other interested
parties, initiate a voluntary national information program
for those types of data centers and data center equipment and
facilities that are widely used and for which there is a
potential for significant data center energy savings as a
result of the program.
(2) Requirements.--The program described in paragraph (1)
shall--
(A) address data center efficiency holistically, reflecting
the total energy consumption of data centers as whole
systems, including both equipment and facilities;
(B) consider prior work and studies undertaken in this
area, including by the Environmental Protection Agency and
the Department of Energy;
(C) consistent with the objectives described in paragraph
(1), determine the type of data center and data center
equipment and facilities to be covered under the program;
(D) produce specifications, measurements, best practices,
and benchmarks that will enable data center operators to make
more informed decisions about the energy efficiency and costs
of data centers, and that take into account--
(i) the performance and use of servers, data storage
devices, and other information technology equipment;
(ii) the efficiency of heating, ventilation, and air
conditioning, cooling, and power conditioning systems,
provided that no modification shall be required of a standard
then in effect under the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.) for any covered heating,
ventilation, air-conditioning, cooling or power-conditioning
product;
(iii) energy savings from the adoption of software and data
management techniques; and
(iv) other factors determined by the organization described
in subsection (c);
(E) allow for creation of separate specifications,
measurements, and benchmarks based on data center size and
function, as well as other appropriate characteristics;
(F) advance the design and implementation of efficiency
technologies to the maximum extent economically practical;
(G) provide to data center operators in the private sector
and the Federal Government information about best practices
and purchasing decisions that reduce the energy consumption
of data centers; and
(H) publish the information described in subparagraph (G),
which may be disseminated through catalogs, trade
publications, the Internet, or other mechanisms, that will
allow data center operators to assess the energy consumption
and potential cost savings of alternative data centers and
data center equipment and facilities.
(3) Procedures.--The program described in paragraph (1)
shall be developed in consultation with and coordinated by
the organization described in subsection (c) according to
commonly accepted procedures for the development of
specifications, measurements, and benchmarks.
(c) Data Center Efficiency Organization.--
(1) In general.--After the establishment of the program
described in subsection (b), the Secretary and the
Administrator shall jointly designate an information
technology industry organization to consult with and to
coordinate the program.
(2) Requirements.--The organization designated under
paragraph (1), whether preexisting or formed specifically for
the purposes of subsection (b), shall--
(A) consist of interested parties that have expertise in
energy efficiency and in the development, operation, and
functionality of computer data centers, information
technology equipment, and software, as well as
representatives of hardware manufacturers, data center
operators, and facility managers;
(B) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public
interest group with applicable expertise in any of the areas
listed in paragraph (1);
(C) follow commonly accepted procedures for the development
of specifications and accredited standards development
processes;
(D) have a mission to develop and promote energy efficiency
for data centers and information technology; and
(E) have the primary responsibility to consult in the
development and publishing of the information, measurements,
and benchmarks described in subsection (b) and transmission
of the information to the Secretary and the Administrator for
consideration under subsection (d).
(d) Measurements and Specifications.--
(1) In general.--The Secretary and the Administrator shall
consider the specifications, measurements, and benchmarks
described in subsection (b) for use by the Federal Energy
Management Program, the Energy Star Program, and other
efficiency programs of the Department of Energy and
Environmental Protection Agency, respectively.
(2) Rejections.--If the Secretary or the Administrator
rejects 1 or more specifications, measurements, or benchmarks
described in subsection (b), the rejection shall be made
consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note;
Public Law 104-113).
(3) Determination of impracticability.--A determination
that a specification, measurement, or benchmark described in
subsection (b) is impractical may include consideration of
the maximum efficiency that is technologically feasible and
economically justified.
(e) Monitoring.--The Secretary and the Administrator
shall--
(1) monitor and evaluate the efforts to develop the program
described in subsection (b); and
(2) not later than 3 years after the date of enactment of
this Act, make a determination as to whether the program is
consistent with the objectives of subsection (b).
(f) Alternative System.--If the Secretary and the
Administrator make a determination under subsection (e) that
a voluntary national information program for data centers
consistent with the objectives of subsection (b) has not been
developed, the Secretary and the Administrator shall, after
consultation with the National Institute of Standards and
Technology and not later than 2 years after the
determination, develop and implement the program under
subsection (b).
(g) Protection of Proprietary Information.--The Secretary,
the Administrator, or the data center efficiency organization
shall not disclose any proprietary information or trade
secrets provided by any individual or company for the
purposes of carrying out this section or the program
established under this section.
Subtitle E--Healthy High-Performance Schools
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.
(a) Amendment.--The Toxic Substances Control Act (15 U.S.C.
2601 et seq.) is amended by adding at the end the following
new title:
``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
``SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
``(a) In General.--The Administrator, in consultation with
the Secretary of Education, may provide grants to States for
use in--
[[Page H16698]]
``(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for
Schools Program and the Healthy School Environmental
Assessment Tool) to schools for use in addressing
environmental issues; and
``(2) development and implementation of State school
environmental health programs that include--
``(A) standards for school building design, construction,
and renovation; and
``(B) identification of ongoing school building
environmental problems, including contaminants, hazardous
substances, and pollutant emissions, in the State and
recommended solutions to address those problems, including
assessment of information on the exposure of children to
environmental hazards in school facilities.
``(b) Sunset.--The authority of the Administrator to carry
out this section shall expire 5 years after the date of
enactment of this section.
``SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
``Not later than 18 months after the date of enactment of
this section, the Administrator, in consultation with the
Secretary of Education and the Secretary of Health and Human
Services, shall issue voluntary school site selection
guidelines that account for--
``(1) the special vulnerability of children to hazardous
substances or pollution exposures in any case in which the
potential for contamination at a potential school site
exists;
``(2) modes of transportation available to students and
staff;
``(3) the efficient use of energy; and
``(4) the potential use of a school at the site as an
emergency shelter.
``SEC. 503. PUBLIC OUTREACH.
``(a) Reports.--The Administrator shall publish and submit
to Congress an annual report on all activities carried out
under this title, until the expiration of authority described
in section 501(b).
``(b) Public Outreach.--The Federal Director appointed
under section 436(a) of the Energy Independence and Security
Act of 2007 (in this title referred to as the `Federal
Director') shall ensure, to the maximum extent practicable,
that the public clearinghouse established under section
423(1) of the Energy Independence and Security Act of 2007
receives and makes available information on the exposure of
children to environmental hazards in school facilities, as
provided by the Administrator.
``SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation
with the Secretary of Education, the Secretary of Health and
Human Services, and other relevant agencies, shall issue
voluntary guidelines for use by the State in developing and
implementing an environmental health program for schools
that--
``(1) takes into account the status and findings of Federal
initiatives established under this title or subtitle C of
title IV of the Energy Independence and Security Act of 2007
and other relevant Federal law with respect to school
facilities, including relevant updates on trends in the
field, such as the impact of school facility environments on
student and staff--
``(A) health, safety, and productivity; and
``(B) disabilities or special needs;
``(2) takes into account studies using relevant tools
identified or developed in accordance with section 492 of the
Energy Independence and Security Act of 2007;
``(3) takes into account, with respect to school
facilities, each of--
``(A) environmental problems, contaminants, hazardous
substances, and pollutant emissions, including--
``(i) lead from drinking water;
``(ii) lead from materials and products;
``(iii) asbestos;
``(iv) radon;
``(v) the presence of elemental mercury releases from
products and containers;
``(vi) pollutant emissions from materials and products; and
``(vii) any other environmental problem, contaminant,
hazardous substance, or pollutant emission that present or
may present a risk to the health of occupants of the school
facilities or environment;
``(B) natural day lighting;
``(C) ventilation choices and technologies;
``(D) heating and cooling choices and technologies;
``(E) moisture control and mold;
``(F) maintenance, cleaning, and pest control activities;
``(G) acoustics; and
``(H) other issues relating to the health, comfort,
productivity, and performance of occupants of the school
facilities;
``(4) provides technical assistance on siting, design,
management, and operation of school facilities, including
facilities used by students with disabilities or special
needs;
``(5) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
``(6) assists States and the public in better understanding
and improving the environmental health of children; and
``(7) takes into account the special vulnerability of
children in low-income and minority communities to exposures
from contaminants, hazardous substances, and pollutant
emissions.
``(b) Public Outreach.--The Federal Director and Commercial
Director shall ensure, to the maximum extent practicable,
that the public clearinghouse established under section 423
of the Energy Independence and Security Act of 2007 receives
and makes available--
``(1) information from the Administrator that is contained
in the report described in section 503(a); and
``(2) information on the exposure of children to
environmental hazards in school facilities, as provided by
the Administrator.
``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $1,000,000 for fiscal year 2009, and $1,500,000 for
each of fiscal years 2010 through 2013, to remain available
until expended.''.
(b) Table of Contents Amendment.--The table of contents for
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding at the end the following:
``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
``Sec. 501. Grants for healthy school environments.
``Sec. 502. Model guidelines for siting of school facilities.
``Sec. 503. Public outreach.
``Sec. 504. Environmental health program.
``Sec. 505. Authorization of appropriations.''.
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.
(a) In General.--The Administrator of the Environmental
Protection Agency shall enter into an arrangement with the
Secretary of Education and the Secretary of Energy to conduct
a detailed study of how sustainable building features such as
energy efficiency affect multiple perceived indoor
environmental quality stressors on students in K-12 schools.
(b) Contents.--The study shall--
(1) investigate the combined effect building stressors such
as heating, cooling, humidity, lighting, and acoustics have
on building occupants' health, productivity, and overall
well-being;
(2) identify how sustainable building features, such as
energy efficiency, are influencing these human outcomes
singly and in concert; and
(3) ensure that the impacts of the indoor environmental
quality are evaluated as a whole.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out this section $200,000 for
each of the fiscal years 2008 through 2012.
Subtitle F--Institutional Entities
SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND
LOANS FOR INSTITUTIONS.
Part G of title III of the Energy Policy and Conservation
Act is amended by inserting after section 399 (42 U.S.C.
6371h) the following:
``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND
LOANS FOR INSTITUTIONS.
``(a) Definitions.--In this section:
``(1) Combined heat and power.--The term `combined heat and
power' means the generation of electric energy and heat in a
single, integrated system, with an overall thermal efficiency
of 60 percent or greater on a higher-heating-value basis.
``(2) District energy systems.--The term `district energy
systems' means systems providing thermal energy from a
renewable energy source, thermal energy source, or highly
efficient technology to more than 1 building or fixed energy-
consuming use from 1 or more thermal-energy production
facilities through pipes or other means to provide space
heating, space conditioning, hot water, steam, compression,
process energy, or other end uses for that energy.
``(3) Energy sustainability.--The term `energy
sustainability' includes using a renewable energy source,
thermal energy source, or a highly efficient technology for
transportation, electricity generation, heating, cooling,
lighting, or other energy services in fixed installations.
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(5) Institutional entity.--The term `institutional
entity' means an institution of higher education, a public
school district, a local government, a municipal utility, or
a designee of 1 of those entities.
``(6) Renewable energy source.--The term `renewable energy
source' has the meaning given the term in section 609 of the
Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c).
``(7) Sustainable energy infrastructure.--The term
`sustainable energy infrastructure' means--
``(A) facilities for production of energy from renewable
energy sources, thermal energy sources, or highly efficient
technologies, including combined heat and power or other
waste heat use; and
``(B) district energy systems.
``(8) Thermal energy source.--The term `thermal energy
source' means--
``(A) a natural source of cooling or heating from lake or
ocean water; and
``(B) recovery of useful energy that would otherwise be
wasted from ongoing energy uses.
``(b) Technical Assistance Grants.--
``(1) In general.--Subject to the availability of
appropriated funds, the Secretary shall implement a program
of information dissemination and technical assistance to
institutional entities to assist the institutional entities
in identifying, evaluating, designing, and implementing
sustainable energy infrastructure projects in energy
sustainability.
``(2) Assistance.--The Secretary shall support
institutional entities in--
``(A) identification of opportunities for sustainable
energy infrastructure;
``(B) understanding the technical and economic
characteristics of sustainable energy infrastructure;
``(C) utility interconnection and negotiation of power and
fuel contracts;
``(D) understanding financing alternatives;
``(E) permitting and siting issues;
[[Page H16699]]
``(F) obtaining case studies of similar and successful
sustainable energy infrastructure systems; and
``(G) reviewing and obtaining computer software for
assessment, design, and operation and maintenance of
sustainable energy infrastructure systems.
``(3) Eligible costs for technical assistance grants.--On
receipt of an application of an institutional entity, the
Secretary may make grants to the institutional entity to fund
a portion of the cost of--
``(A) feasibility studies to assess the potential for
implementation or improvement of sustainable energy
infrastructure;
``(B) analysis and implementation of strategies to overcome
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
``(C) detailed engineering of sustainable energy
infrastructure.
``(c) Grants for Energy Efficiency Improvement and Energy
Sustainability.--
``(1) Grants.--
``(A) In general.--The Secretary shall award grants to
institutional entities to carry out projects to improve
energy efficiency on the grounds and facilities of the
institutional entity.
``(B) Requirement.--To the extent that applications have
been submitted, grants under subparagraph (A) shall include
not less than 1 grant each year to an institution of higher
education in each State.
``(C) Minimum funding.--Not less than 50 percent of the
total funding for all grants under this subsection shall be
awarded in grants to institutions of higher education.
``(2) Criteria.--Evaluation of projects for grant funding
shall be based on criteria established by the Secretary,
including criteria relating to--
``(A) improvement in energy efficiency;
``(B) reduction in greenhouse gas emissions and other air
emissions, including criteria air pollutants and ozone-
depleting refrigerants;
``(C) increased use of renewable energy sources or thermal
energy sources;
``(D) reduction in consumption of fossil fuels;
``(E) active student participation; and
``(F) need for funding assistance.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institutional entity shall agree--
``(A) to implement a public awareness campaign concerning
the project in the community in which the institutional
entity is located; and
``(B) to submit to the Secretary, and make available to the
public, reports on any efficiency improvements, energy cost
savings, and environmental benefits achieved as part of a
project carried out under paragraph (1), including
quantification of the results relative to the criteria
described under paragraph (2).
``(d) Grants for Innovation in Energy Sustainability.--
``(1) Grants.--
``(A) In general.--The Secretary shall award grants to
institutional entities to engage in innovative energy
sustainability projects.
``(B) Requirement.--To the extent that applications have
been submitted, grants under subparagraph (A) shall include
not less than 2 grants each year to institutions of higher
education in each State.
``(C) Minimum funding.--Not less than 50 percent of the
total funding for all grants under this subsection shall be
awarded in grants to institutions of higher education.
``(2) Innovation projects.--An innovation project carried
out with a grant under this subsection shall--
``(A) involve--
``(i) an innovative technology that is not yet commercially
available; or
``(ii) available technology in an innovative application
that maximizes energy efficiency and sustainability;
``(B) have the greatest potential for testing or
demonstrating new technologies or processes; and
``(C) to the extent undertaken by an institution of higher
education, ensure active student participation in the
project, including the planning, implementation, evaluation,
and other phases of projects.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institutional entity shall agree to
submit to the Secretary, and make available to the public,
reports that describe the results of the projects carried out
using grant funds.
``(e) Allocation to Institutions of Higher Education With
Small Endowments.--
``(1) In general.--Of the total amount of grants provided
to institutions of higher education for a fiscal year under
this section, the Secretary shall provide not less than 50
percent of the amount to institutions of higher education
that have an endowment of not more than $100,000,000.
``(2) Requirement.--To the extent that applications have
been submitted, at least 50 percent of the amount described
in paragraph (1) shall be provided to institutions of higher
education that have an endowment of not more than
$50,000,000.
``(f) Grant Amounts.--
``(1) In general.--If the Secretary determines that cost
sharing is appropriate, the amounts of grants provided under
this section shall be limited as provided in this subsection.
``(2) Technical assistance grants.--In the case of grants
for technical assistance under subsection (b), grant funds
shall be available for not more than--
``(A) an amount equal to the lesser of--
``(i) $50,000; or
``(ii) 75 percent of the cost of feasibility studies to
assess the potential for implementation or improvement of
sustainable energy infrastructure;
``(B) an amount equal to the lesser of--
``(i) $90,000; or
``(ii) 60 percent of the cost of guidance on overcoming
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
``(C) an amount equal to the lesser of--
``(i) $250,000; or
``(ii) 40 percent of the cost of detailed engineering and
design of sustainable energy infrastructure.
``(3) Grants for efficiency improvement and energy
sustainability.--In the case of grants for efficiency
improvement and energy sustainability under subsection (c),
grant funds shall be available for not more than an amount
equal to the lesser of--
``(A) $1,000,000; or
``(B) 60 percent of the total cost.
``(4) Grants for innovation in energy sustainability.--In
the case of grants for innovation in energy sustainability
under subsection (d), grant funds shall be available for not
more than an amount equal to the lesser of--
``(A) $500,000; or
``(B) 75 percent of the total cost.
``(g) Loans for Energy Efficiency Improvement and Energy
Sustainability.--
``(1) In general.--Subject to the availability of
appropriated funds, the Secretary shall provide loans to
institutional entities for the purpose of implementing energy
efficiency improvements and sustainable energy
infrastructure.
``(2) Terms and conditions.--
``(A) In general.--Except as otherwise provided in this
paragraph, loans made under this subsection shall be on such
terms and conditions as the Secretary may prescribe.
``(B) Maturity.--The final maturity of loans made within a
period shall be the lesser of, as determined by the
Secretary--
``(i) 20 years; or
``(ii) 90 percent of the useful life of the principal
physical asset to be financed by the loan.
``(C) Default.--No loan made under this subsection may be
subordinated to another debt contracted by the institutional
entity or to any other claims against the institutional
entity in the case of default.
``(D) Benchmark interest rate.--
``(i) In general.--Loans under this subsection shall be at
an interest rate that is set by reference to a benchmark
interest rate (yield) on marketable Treasury securities with
a similar maturity to the direct loans being made.
``(ii) Minimum.--The minimum interest rate of loans under
this subsection shall be at the interest rate of the
benchmark financial instrument.
``(iii) New loans.--The minimum interest rate of new loans
shall be adjusted each quarter to take account of changes in
the interest rate of the benchmark financial instrument.
``(E) Credit risk.--The Secretary shall--
``(i) prescribe explicit standards for use in periodically
assessing the credit risk of making direct loans under this
subsection; and
``(ii) find that there is a reasonable assurance of
repayment before making a loan.
``(F) Advance budget authority required.--New direct loans
may not be obligated under this subsection except to the
extent that appropriations of budget authority to cover the
costs of the new direct loans are made in advance, as
required by section 504 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661c).
``(3) Criteria.--Evaluation of projects for potential loan
funding shall be based on criteria established by the
Secretary, including criteria relating to--
``(A) improvement in energy efficiency;
``(B) reduction in greenhouse gas emissions and other air
emissions, including criteria air pollutants and ozone-
depleting refrigerants;
``(C) increased use of renewable electric energy sources or
renewable thermal energy sources;
``(D) reduction in consumption of fossil fuels; and
``(E) need for funding assistance, including consideration
of the size of endowment or other financial resources
available to the institutional entity.
``(4) Labor standards.--
``(A) In general.--All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction, repair, or alteration work funded in whole or
in part under this section shall be paid wages at rates not
less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor in
accordance with sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code. The Secretary shall not approve
any such funding without first obtaining adequate assurance
that required labor standards will be maintained upon the
construction work.
``(B) Authority and functions.--The Secretary of Labor
shall have, with respect to the labor standards specified in
paragraph (1), the authority and functions set forth in
Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 3176; 64
Stat. 1267) and section 3145 of title 40, United States Code.
``(h) Program Procedures.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
establish procedures for the solicitation and evaluation of
potential projects for grant and loan funding and
administration of the grant and loan programs.
``(i) Authorization.--
``(1) Grants.--There is authorized to be appropriated for
the cost of grants authorized in subsections (b), (c), and
(d) $250,000,000 for each of fiscal years 2009 through 2013,
of which not more than 5 percent may be used for
administrative expenses.
``(2) Loans.--There is authorized to be appropriated for
the initial cost of direct loans authorized in subsection (g)
$500,000,000 for each of fiscal years 2009 through 2013, of
which not more than 5 percent may be used for administrative
expenses.''.
[[Page H16700]]
Subtitle G--Public and Assisted Housing
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION
CODE TO PUBLIC AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by striking, ``, where such
standards are determined to be cost effective by the
Secretary of Housing and Urban Development''; and
(B) in the first sentence of paragraph (2)--
(i) by striking ``Council of American Building Officials
Model Energy Code, 1992'' and inserting ``2006 International
Energy Conservation Code''; and
(ii) by striking ``, and, with respect to rehabilitation
and new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(2) in subsection (b)--
(A) in the heading, by striking ``MODEL ENERGY CODE.--''
and inserting ``INTERNATIONAL ENERGY CONSERVATION CODE.--'';
(B) by inserting ``and rehabilitation'' after ``all new
construction''; and
(C) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(3) in subsection (c)--
(A) in the heading, by striking ``MODEL ENERGY CODE AND'';
and
(B) by striking ``, or, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(4) by adding at the end the following:
``(d) Failure To Amend the Standards.--If the Secretary of
Housing and Urban Development and the Secretary of
Agriculture have not, within 1 year after the requirements of
the 2006 IECC or the ASHRAE Standard 90.1-2004 are revised,
amended the standards or made a determination under
subsection (c), all new construction and rehabilitation of
housing specified in subsection (a) shall meet the
requirements of the revised code or standard if--
``(1) the Secretary of Housing and Urban Development or the
Secretary of Agriculture make a determination that the
revised codes do not negatively affect the availability or
affordability of new construction of assisted housing and
single family and multifamily residential housing (other than
manufactured homes) subject to mortgages insured under the
National Housing Act (12 U.S.C. 1701 et seq.) or insured,
guaranteed, or made by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.),
respectively; and
``(2) the Secretary of Energy has made a determination
under section 304 of the Energy Conservation and Production
Act (42 U.S.C. 6833) that the revised code or standard would
improve energy efficiency.'';
(5) by striking ``CABO Model Energy Code, 1992'' each place
it appears and inserting ``the 2006 IECC''; and
(6) by striking ``1989'' each place it appears and
inserting ``2004''.
Subtitle H--General Provisions
SEC. 491. DEMONSTRATION PROJECT.
(a) In General.--The Federal Director and the Commercial
Director shall establish guidelines to implement a
demonstration project to contribute to the research goals of
the Office of Commercial High-Performance Green Buildings and
the Office of Federal High-Performance Green Buildings.
(b) Projects.--In accordance with guidelines established by
the Federal Director and the Commercial Director under
subsection (a) and the duties of the Federal Director and the
Commercial Director described in this title, the Federal
Director or the Commercial Director shall carry out--
(1) for each of fiscal years 2009 through 2014, 1
demonstration project per year of green features in a Federal
building selected by the Federal Director in accordance with
relevant agencies and described in subsection (c)(1), that--
(A) provides for instrumentation, monitoring, and data
collection related to the green features, for study of the
impact of the features on overall energy use and operational
costs, and for the evaluation of the information obtained
through the conduct of projects and activities under this
title; and
(B) achieves the highest rating offered by the high
performance green building system identified pursuant to
section 436(h);
(2) no fewer than 4 demonstration projects at 4
universities, that, as competitively selected by the
Commercial Director in accordance with subsection (c)(2),
have--
(A) appropriate research resources and relevant projects to
meet the goals of the demonstration project established by
the Office of Commercial High-Performance Green Buildings;
and
(B) the ability--
(i) to serve as a model for high-performance green building
initiatives, including research and education by achieving
the highest rating offered by the high performance green
building system identified pursuant to section 436(h);
(ii) to identify the most effective ways to use high-
performance green building and landscape technologies to
engage and educate undergraduate and graduate students;
(iii) to effectively implement a high-performance green
building education program for students and occupants;
(iv) to demonstrate the effectiveness of various high-
performance technologies, including their impacts on energy
use and operational costs, in each of the 4 climatic regions
of the United States described in subsection (c)(2)(B); and
(v) to explore quantifiable and nonquantifiable beneficial
impacts on public health and employee and student
performance;
(3) demonstration projects to evaluate replicable
approaches of achieving high performance in actual building
operation in various types of commercial buildings in various
climates; and
(4) deployment activities to disseminate information on and
encourage widespread adoption of technologies, practices, and
policies to achieve zero-net-energy commercial buildings or
low energy use and effective monitoring of energy use in
commercial buildings.
(c) Criteria.--
(1) Federal facilities.--With respect to the existing or
proposed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating to--
(i) the effectiveness of high-performance technologies;
(ii) analysis of materials, components, systems, and
emergency operations in the building, and the impact of those
materials, components, and systems, including the impact on
the health of building occupants;
(iii) life-cycle costing and life-cycle assessment of
building materials and systems; and
(iv) location and design that promote access to the Federal
facility through walking, biking, and mass transit; and
(B) possess sufficient technological and organizational
adaptability.
(2) Universities.--With respect to the 4 universities at
which a demonstration project under this section is
conducted--
(A) the universities should be selected, after careful
review of all applications received containing the required
information, as determined by the Commercial Director, based
on--
(i) successful and established public-private research and
development partnerships;
(ii) demonstrated capabilities to construct or renovate
buildings that meet high indoor environmental quality
standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1 university to
replicate lessons learned among nearby or sister
universities, preferably by participation in groups or
consortia that promote sustainability;
(vi) the demonstrated capacity of at least 1 university to
have officially-adopted, institution-wide ``high-performance
green building'' guidelines for all campus building projects;
and
(vii) the demonstrated capacity of at least 1 university to
have been recognized by similar institutions as a national
leader in sustainability education and curriculum for
students of the university; and
(B) each university shall be located in a different
climatic region of the United States, each of which regions
shall have, as determined by the Office of Commercial High-
Performance Green Buildings--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a climate with cold
winters and humid summers).
(d) Applications.--To receive a grant under subsection (b),
an eligible applicant shall submit to the Federal Director or
the Commercial Director an application at such time, in such
manner, and containing such information as the Director may
require, including a written assurance that all laborers and
mechanics employed by contractors or subcontractors during
construction, alteration, or repair that is financed, in
whole or in part, by a grant under this section shall be paid
wages at rates not less than those prevailing on similar
construction in the locality, as determined by the Secretary
of Labor in accordance with sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code. The Secretary of
Labor shall, with respect to the labor standards described in
this subsection, have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter through
September 30, 2014--
(1) the Federal Director and the Commercial Director shall
submit to the Secretary a report that describes the status of
the demonstration projects; and
(2) each University at which a demonstration project under
this section is conducted shall submit to the Secretary a
report that describes the status of the demonstration
projects under this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the demonstration project
described in section (b)(1) $10,000,000 for the period of
fiscal years 2008 through 2012, and to carry out the
demonstration project described in section (b)(2),
$10,000,000 for the period of fiscal years 2008 through 2012,
to remain available until expended.
SEC. 492. RESEARCH AND DEVELOPMENT.
(a) Establishment.--The Federal Director and the Commercial
Director, jointly and in coordination with the Advisory
Committee, shall--
(1)(A) survey existing research and studies relating to
high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building
research plan that--
(A) identifies information and research needs, including
the relationships between human health, occupant
productivity, safety, security, and accessibility and each
of--
[[Page H16701]]
(i) emissions from materials and products in the building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics;
(viii) access to public transportation; and
(ix) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
(B) promotes the development and dissemination of high-
performance green building measurement tools that, at a
minimum, may be used--
(i) to monitor and assess the life-cycle performance of
facilities (including demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments; and
(C) identifies and tests new and emerging technologies for
high performance green buildings;
(3) assist the budget and life-cycle costing functions of
the Directors' Offices under section 436(d);
(4) study and identify potential benefits of green
buildings relating to security, natural disaster, and
emergency needs of the Federal Government; and
(5) support other research initiatives determined by the
Directors' Offices.
(b) Indoor Air Quality.--The Federal Director, in
consultation with the Administrator of the Environmental
Protection Agency and the Advisory Committee, shall develop
and carry out a comprehensive indoor air quality program for
all Federal facilities to ensure the safety of Federal
workers and facility occupants--
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT
PROGRAM FOR LOCAL GOVERNMENTS.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is
amended by adding at the end the following:
``SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL
GOVERNMENTS.
``(a) Grant Program.--
``(1) In general.--The Administrator shall establish a
demonstration program under which the Administrator shall
provide competitive grants to assist local governments (such
as municipalities and counties), with respect to local
government buildings--
``(A) to deploy cost-effective technologies and practices;
and
``(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the cost of an
activity carried out using a grant provided under this
section shall be 40 percent.
``(B) Waiver of non-federal share.--The Administrator may
waive up to 100 percent of the local share of the cost of any
grant under this section should the Administrator determine
that the community is economically distressed, pursuant to
objective economic criteria established by the Administrator
in published guidelines.
``(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
``(b) Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
``(2) Requirements.--The guidelines under paragraph (1)
shall establish--
``(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees
under this section;
``(B) standards for grantees to implement training
programs, and to provide technical assistance and education,
relating to the retrofit of buildings using cost-effective
technologies and practices; and
``(C) a requirement that each local government that
receives a grant under this section shall achieve facility-
wide cost savings, through renovation of existing local
government buildings using cost-effective technologies and
practices, of at least 40 percent as compared to the baseline
operational costs of the buildings before the renovation (as
calculated assuming a 3-year, weather-normalized average).
``(c) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
relevant requirement of this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2012.
``(e) Reports.--
``(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions
taken and recommendations made under this section, and any
recommendations for further action.
``(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.
``(f) Termination.--The program under this section shall
terminate on September 30, 2012.
``(g) Definitions.--In this section, the terms `cost
effective technologies and practices' and `operating cost
savings' shall have the meanings defined in section 401 of
the Energy Independence and Security Act of 2007.''.
SEC. 494. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Federal Director, in
coordination with the Commercial Director, shall establish an
advisory committee, to be known as the ``Green Building
Advisory Committee''.
(b) Membership.--
(1) In general.--The Committee shall be composed of
representatives of, at a minimum--
(A) each agency referred to in section 421(e); and
(B) other relevant agencies and entities, as determined by
the Federal Director, including at least 1 representative of
each of--
(i) State and local governmental green building programs;
(ii) independent green building associations or councils;
(iii) building experts, including architects, material
suppliers, and construction contractors;
(iv) security advisors focusing on national security needs,
natural disasters, and other dire emergency situations;
(v) public transportation industry experts; and
(vi) environmental health experts, including those with
experience in children's health.
(2) Non-federal members.--The total number of non-Federal
members on the Committee at any time shall not exceed 15.
(c) Meetings.--The Federal Director shall establish a
regular schedule of meetings for the Committee.
(d) Duties.--The Committee shall provide advice and
expertise for use by the Federal Director in carrying out the
duties under this subtitle, including such recommendations
relating to Federal activities carried out under sections 434
through 436 as are agreed to by a majority of the members of
the Committee.
(e) FACA Exemption.--The Committee shall not be subject to
section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE.
(a) Establishment.--The Secretary, acting through the
Assistant Secretary of Energy for Energy Efficiency and
Renewable Energy, shall establish an Advisory Committee on
Energy Efficiency Finance to provide advice and
recommendations to the Department on energy efficiency
finance and investment issues, options, ideas, and trends,
and to assist the energy community in identifying practical
ways of lowering costs and increasing investments in energy
efficiency technologies.
(b) Membership.--The advisory committee established under
this section shall have a balanced membership that shall
include members with expertise in--
(1) availability of seed capital;
(2) availability of venture capital;
(3) availability of other sources of private equity;
(4) investment banking with respect to corporate finance;
(5) investment banking with respect to mergers and
acquisitions;
(6) equity capital markets;
(7) debt capital markets;
(8) research analysis;
(9) sales and trading;
(10) commercial lending; and
(11) residential lending.
(c) Termination.--The Advisory Committee on Energy
Efficiency Finance shall terminate on the date that is 10
years after the date of enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to the
Secretary for carrying out this section.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY
STUDIES.
(a) Studies.--The Architect of the Capitol may conduct
feasibility studies regarding construction of photovoltaic
roofs for the Rayburn House Office Building and the Hart
Senate Office Building.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Architect of the Capitol shall
transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Rules and Administration of the Senate a report
on the results of the feasibility studies and recommendations
regarding construction of photovoltaic roofs for the
buildings referred to in subsection (a).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000.
SEC. 502. CAPITOL COMPLEX E-85 REFUELING STATION.
(a) Construction.--The Architect of the Capitol may
construct a fuel tank and pumping system for E-85 fuel at or
within close proximity to the Capitol Grounds Fuel Station.
(b) Use.--The E-85 fuel tank and pumping system shall be
available for use by all legislative branch vehicles capable
of operating with E-85 fuel, subject to such other
legislative branch agencies reimbursing the Architect of the
Capitol for the costs of E-85 fuel used by such other
legislative branch vehicles.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $640,000 for
fiscal year 2008.
SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL
COMPLEX MASTER PLAN.
(a) In General.--To the maximum extent practicable, the
Architect of the Capitol shall
[[Page H16702]]
include energy efficiency and conservation measures,
greenhouse gas emission reduction measures, and other
appropriate environmental measures in the Capitol Complex
Master Plan.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Architect of the Capitol shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Rules
and Administration of the Senate a report on the energy
efficiency and conservation measures, greenhouse gas emission
reduction measures, and other appropriate environmental
measures included in the Capitol Complex Master Plan pursuant
to subsection (a).
SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF
CAPITOL POWER PLANT.
(a) Steam Boilers.--
(1) In general.--The Architect of the Capitol shall take
such steps as may be necessary to operate the steam boilers
at the Capitol Power Plant in the most energy efficient
manner possible to minimize carbon emissions and operating
costs, including adjusting steam pressures and adjusting the
operation of the boilers to take into account variations in
demand, including seasonality, for the use of the system.
(2) Effective date.--The Architect shall implement the
steps required under paragraph (1) not later than 30 days
after the date of the enactment of this Act.
(b) Chiller Plant.--
(1) In general.--The Architect of the Capitol shall take
such steps as may be necessary to operate the chiller plant
at the Capitol Power Plant in the most energy efficient
manner possible to minimize carbon emissions and operating
costs, including adjusting water temperatures and adjusting
the operation of the chillers to take into account variations
in demand, including seasonality, for the use of the system.
(2) Effective date.--The Architect shall implement the
steps required under paragraph (1) not later than 30 days
after the date of the enactment of this Act.
(c) Meters.--Not later than 90 days after the date of the
enactment of this Act, the Architect of the Capitol shall
evaluate the accuracy of the meters in use at the Capitol
Power Plant and correct them as necessary.
(d) Report on Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Architect of
the Capitol shall complete the implementation of the
requirements of this section and submit a report describing
the actions taken and the energy efficiencies achieved to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on House
Administration of the House of Representatives, and the
Committee on Rules and Administration of the Senate.
SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS
FEASIBILITY STUDY AND DEMONSTRATION PROJECTS.
The first section of the Act of March 4, 1911 (2 U.S.C.
2162; 36 Stat. 1414, chapter 285) is amended in the seventh
undesignated paragraph (relating to the Capitol power plant)
under the heading ``Public Buildings'', under the heading
``Under the Department of Interior''--
(1) by striking ``ninety thousand dollars:'' and inserting
$90,000.''; and
(2) by striking ``Provided, That hereafter the'' and all
that follows through the end of the proviso and inserting the
following:
``(a) Designation.--The heating, lighting, and power plant
constructed under the terms of the Act approved April 28,
1904 (33 Stat. 479, chapter 1762) shall be known as the
`Capitol Power Plant'.
``(b) Definition.--In this section, the term `carbon
dioxide energy efficiency' means the quantity of electricity
used to power equipment for carbon dioxide capture and
storage or use.
``(c) Feasibility Study.--The Architect of the Capitol
shall conduct a feasibility study evaluating the available
methods to capture, store, and use carbon dioxide emitted
from the Capitol Power Plant as a result of burning fossil
fuels. In carrying out the feasibility study, the Architect
of the Capitol is encouraged to consult with individuals with
expertise in carbon capture and storage or use, including
experts with the Environmental Protection Agency, Department
of Energy, academic institutions, non-profit organizations,
and industry, as appropriate. The study shall consider--
``(1) the availability of technologies to capture and store
or use Capitol Power Plant carbon dioxide emissions;
``(2) strategies to conserve energy and reduce carbon
dioxide emissions at the Capitol Power Plant; and
``(3) other factors as determined by the Architect of the
Capitol.
``(d) Demonstration Projects.--
``(1) In general.--If the feasibility study determines that
a demonstration project to capture and store or use Capitol
Power Plant carbon dioxide emissions is technologically
feasible and economically justified (including direct and
indirect economic and environmental benefits), the Architect
of the Capitol may conduct one or more demonstration projects
to capture and store or use carbon dioxide emitted from the
Capitol Power Plant as a result of burning fossil fuels.
``(2) Factors for consideration.--In carrying out such
demonstration projects, the Architect of the Capitol shall
consider--
``(A) the amount of Capitol Power Plant carbon dioxide
emissions to be captured and stored or used;
``(B) whether the proposed project is able to reduce air
pollutants other than carbon dioxide;
``(C) the carbon dioxide energy efficiency of the proposed
project;
``(D) whether the proposed project is able to use carbon
dioxide emissions;
``(E) whether the proposed project could be expanded to
significantly increase the amount of Capitol Power Plant
carbon dioxide emissions to be captured and stored or used;
``(F) the potential environmental, energy, and educational
benefits of demonstrating the capture and storage or use of
carbon dioxide at the U.S. Capitol; and
``(G) other factors as determined by the Architect of the
Capitol.
``(3) Terms and conditions.--A demonstration project funded
under this section shall be subject to such terms and
conditions as the Architect of the Capitol may prescribe.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the feasibility study and
demonstration project $3,000,000. Such sums shall remain
available until expended.''.
Subtitle B--Energy Savings Performance Contracting
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.
(a) In General.--Section 801(a)(2)(D) of the National
Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is
amended--
(1) in clause (ii), by inserting ``and'' after the
semicolon at the end;
(2) by striking clause (iii); and
(3) by redesignating clause (iv) as clause (iii).
(b) Reports.--Section 548(a)(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by
inserting ``and any termination penalty exposure'' after
``the energy and cost savings that have resulted from such
contracts''.
(c) Conforming Amendment.--Section 2913 of title 10, United
States Code, is amended by striking subsection (e).
SEC. 512. FINANCING FLEXIBILITY.
Section 801(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the
end the following:
``(E) Funding options.--In carrying out a contract under
this title, a Federal agency may use any combination of--
``(i) appropriated funds; and
``(ii) private financing under an energy savings
performance contract.''.
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE
CONTRACTS AND VERIFYING SAVINGS.
Section 801(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)(2)) (as amended by section 512)
is amended--
(1) in subparagraph (D), by inserting ``beginning on the
date of the delivery order'' after ``25 years''; and
(2) by adding at the end the following:
``(F) Promotion of contracts.--In carrying out this
section, a Federal agency shall not--
``(i) establish a Federal agency policy that limits the
maximum contract term under subparagraph (D) to a period
shorter than 25 years; or
``(ii) limit the total amount of obligations under energy
savings performance contracts or other private financing of
energy savings measures.
``(G) Measurement and verification requirements for private
financing.--
``(i) In general.--In the case of energy savings
performance contracts, the evaluations and savings
measurement and verification required under paragraphs (2)
and (4) of section 543(f) shall be used by a Federal agency
to meet the requirements for the need for energy audits,
calculation of energy savings, and any other evaluation of
costs and savings needed to implement the guarantee of
savings under this section.
``(ii) Modification of existing contracts.--Not later than
18 months after the date of enactment of this subparagraph,
each Federal agency shall, to the maximum extent practicable,
modify any indefinite delivery and indefinite quantity energy
savings performance contracts, and other indefinite delivery
and indefinite quantity contracts using private financing, to
conform to the amendments made by subtitle B of title V of
the Energy Independence and Security Act of 2007.''.
SEC. 514. PERMANENT REAUTHORIZATION.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287) is amended by striking subsection (c).
SEC. 515. DEFINITION OF ENERGY SAVINGS.
Section 804(2) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) by striking ``means a reduction'' and inserting
``means--
``(A) a reduction'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(B) the increased efficient use of an existing energy
source by cogeneration or heat recovery;
``(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical
or thermal energy generated on-site from renewable energy
sources or cogeneration, but in excess of Federal needs, to
utilities or non-Federal energy users; and
``(D) the increased efficient use of existing water sources
in interior or exterior applications.''.
SEC. 516. RETENTION OF SAVINGS.
Section 546(c) of the National Energy Conservation Policy
Act (42 U.S.C. 8256(c)) is amended by striking paragraph (5).
SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE
ENERGY EFFICIENCY CONTRACTS.
(a) Program.--The Secretary shall create and administer in
the Federal Energy Management Program a training program to
educate Federal contract negotiation and contract management
personnel so that the contract officers are prepared to--
(1) negotiate energy savings performance contracts;
[[Page H16703]]
(2) conclude effective and timely contracts for energy
efficiency services with all companies offering energy
efficiency services; and
(3) review Federal contracts for all products and services
for the potential energy efficiency opportunities and
implications of the contracts.
(b) Schedule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall plan, staff,
announce, and begin training under the Federal Energy
Management Program.
(c) Personnel to Be Trained.--Personnel appropriate to
receive training under the Federal Energy Management Program
shall be selected by and sent for the training from--
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department;
(4) the General Services Administration;
(5) the Department of Housing and Urban Development;
(6) the United States Postal Service; and
(7) all other Federal agencies and departments that enter
contracts for buildings, building services, electricity and
electricity services, natural gas and natural gas services,
heating and air conditioning services, building fuel
purchases, and other types of procurement or service
contracts determined by the Secretary, in carrying out the
Federal Energy Management Program, to offer the potential for
energy savings and greenhouse gas emission reductions if
negotiated with taking into account those goals.
(d) Trainers.--Training under the Federal Energy Management
Program may be conducted by--
(1) attorneys or contract officers with experience in
negotiating and managing contracts described in subsection
(c)(7) from any agency, except that the Secretary shall
reimburse the related salaries and expenses of the attorneys
or contract officers from amounts made available for carrying
out this section to the extent the attorneys or contract
officers are not employees of the Department; and
(2) private experts hired by the Secretary for the purposes
of this section, except that the Secretary may not hire
experts who are simultaneously employed by any company under
contract to provide energy efficiency services to the Federal
Government.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$750,000 for each of fiscal years 2008 through 2012.
SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING
APPLICATIONS.
(a) Definitions.--In this section:
(1) Nonbuilding application.--The term ``nonbuilding
application'' means--
(A) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle,
device, or equipment by land, sea, or air and that consumes
energy from any fuel source for the purpose of--
(i) that transportation; or
(ii) maintaining a controlled environment within the
vehicle, device, or equipment; and
(B) any federally-owned equipment used to generate
electricity or transport water.
(2) Secondary savings.--
(A) In general.--The term ``secondary savings'' means
additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to an energy savings performance contract.
(B) Inclusions.--The term ``secondary savings'' includes--
(i) energy and cost savings that result from a reduction in
the need for fuel delivery and logistical support;
(ii) personnel cost savings and environmental benefits; and
(iii) in the case of electric generation equipment, the
benefits of increased efficiency in the production of
electricity, including revenues received by the Federal
Government from the sale of electricity so produced.
(b) Study.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall jointly conduct, and submit to Congress and the
President a report of, a study of the potential for the use
of energy savings performance contracts to reduce energy
consumption and provide energy and cost savings in
nonbuilding applications.
(2) Requirements.--The study under this subsection shall
include--
(A) an estimate of the potential energy and cost savings to
the Federal Government, including secondary savings and
benefits, from increased efficiency in nonbuilding
applications;
(B) an assessment of the feasibility of extending the use
of energy savings performance contracts to nonbuilding
applications, including an identification of any regulatory
or statutory barriers to that use; and
(C) such recommendations as the Secretary and Secretary of
Defense determine to be appropriate.
Subtitle C--Energy Efficiency in Federal Agencies
SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT
OF ENERGY HEADQUARTERS BUILDING.
(a) In General.--The Administrator of General Services
shall install a photovoltaic system, as set forth in the Sun
Wall Design Project, for the headquarters building of the
Department located at 1000 Independence Avenue, SW.,
Washington, DC, commonly known as the Forrestal Building.
(b) Funding.--There shall be available from the Federal
Buildings Fund established by section 592 of title 40, United
States Code, $30,000,000 to carry out this section. Such sums
shall be derived from the unobligated balance of amounts made
available from the Fund for fiscal year 2007, and prior
fiscal years, for repairs and alternations and other
activities (excluding amounts made available for the energy
program). Such sums shall remain available until expended.
SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.
(a) Prohibition.--Except as provided by subsection (b), on
and after January 1, 2009, a general service incandescent
lamp shall not be purchased or installed in a Coast Guard
facility by or on behalf of the Coast Guard.
(b) Exception.--A general service incandescent lamp may be
purchased, installed, and used in a Coast Guard facility
whenever the application of a general service incandescent
lamp is--
(1) necessary due to purpose or design, including medical,
security, and industrial applications;
(2) reasonable due to the architectural or historical value
of a light fixture installed before January 1, 2009; or
(3) the Commandant of the Coast Guard determines that
operational requirements necessitate the use of a general
service incandescent lamp.
(c) Limitation.--In this section, the term ``facility''
does not include a vessel or aircraft of the Coast Guard.
SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS.
Section 305(a)(3)(A) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(A)) is amended--
(1) in clause (i)(II), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) if lifecycle cost-effective, as compared to other
reasonably available technologies, not less than 30 percent
of the hot water demand for each new Federal building or
Federal building undergoing a major renovation be met through
the installation and use of solar hot water heaters.''.
SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER.
Section 553 of the National Energy Conservation Policy Act
(42 U.S.C. 8259b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Federally-Procured Appliances With Standby Power.--
``(1) Definition of eligible product.--In this subsection,
the term `eligible product' means a commercially available,
off-the-shelf product that--
``(A)(i) uses external standby power devices; or
``(ii) contains an internal standby power function; and
``(B) is included on the list compiled under paragraph (4).
``(2) Federal purchasing requirement.--Subject to paragraph
(3), if an agency purchases an eligible product, the agency
shall purchase--
``(A) an eligible product that uses not more than 1 watt in
the standby power consuming mode of the eligible product; or
``(B) if an eligible product described in subparagraph (A)
is not available, the eligible product with the lowest
available standby power wattage in the standby power
consuming mode of the eligible product.
``(3) Limitation.--The requirements of paragraph (2) shall
apply to a purchase by an agency only if--
``(A) the lower-wattage eligible product is--
``(i) lifecycle cost-effective; and
``(ii) practicable; and
``(B) the utility and performance of the eligible product
is not compromised by the lower wattage requirement.
``(4) Eligible products.--The Secretary, in consultation
with the Secretary of Defense, the Administrator of the
Environmental Protection Agency, and the Administrator of
General Services, shall compile a publicly accessible list of
cost-effective eligible products that shall be subject to the
purchasing requirements of paragraph (2).''.
SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Amendments.--Section 553 of the National Energy
Conservation Policy Act (42 U.S.C. 8259b) is amended--
(1) in subsection (b)(1), by inserting ``in a product
category covered by the Energy Star program or the Federal
Energy Management Program for designated products'' after
``energy consuming product''; and
(2) in the second sentence of subsection (c)--
(A) by inserting ``list in their catalogues, represent as
available, and'' after ``Logistics Agency shall''; and
(B) by striking ``where the agency'' and inserting ``in
which the head of the agency''.
(b) Catalogue Listing Deadline.--Not later than 9 months
after the date of enactment of this Act, the General Services
Administration and the Defense Logistics Agency shall ensure
that the requirement established by the amendment made by
subsection (a)(2)(A) has been fully complied with.
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
No Federal agency shall enter into a contract for
procurement of an alternative or synthetic fuel, including a
fuel produced from nonconventional petroleum sources, for any
mobility-related use, other than for research or testing,
unless the contract specifies that the lifecycle greenhouse
gas emissions associated with the production and combustion
of the fuel supplied under the contract must, on an ongoing
basis, be less than or equal to such emissions from the
equivalent conventional fuel produced from conventional
petroleum sources.
SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS.
(a) In General.--Each Federal agency subject to any of the
requirements of this title or the
[[Page H16704]]
amendments made by this title shall compile and submit to the
Director of the Office of Management and Budget an annual
Government efficiency status report on--
(1) compliance by the agency with each of the requirements
of this title and the amendments made by this title;
(2) the status of the implementation by the agency of
initiatives to improve energy efficiency, reduce energy
costs, and reduce emissions of greenhouse gases; and
(3) savings to the taxpayers of the United States resulting
from mandated improvements under this title and the
amendments made by this title
(b) Submission.--The report shall be submitted--
(1) to the Director at such time as the Director requires;
(2) in electronic, not paper, format; and
(3) consistent with related reporting requirements.
SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.
(a) Reports.--Not later than April 1 of each year, the
Director of the Office of Management and Budget shall submit
an annual Government efficiency report to the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate, which shall contain--
(1) a summary of the information reported by agencies under
section 527;
(2) an evaluation of the overall progress of the Federal
Government toward achieving the goals of this title and the
amendments made by this title; and
(3) recommendations for additional actions necessary to
meet the goals of this title and the amendments made by this
title.
(b) Scorecards.--The Director of the Office of Management
and Budget shall include in any annual energy scorecard the
Director is otherwise required to submit a description of the
compliance of each agency with the requirements of this title
and the amendments made by this title.
SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE.
(a) In General.--Title V of the National Energy
Conservation Policy Act (42 U.S.C. 8241 et seq.) is amended
by adding at the end the following:
``PART 5--PEAK DEMAND REDUCTION
``SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.
``(a) National Assessment and Report.--The Federal Energy
Regulatory Commission (`Commission') shall conduct a National
Assessment of Demand Response. The Commission shall, within
18 months of the date of enactment of this part, submit a
report to Congress that includes each of the following:
``(1) Estimation of nationwide demand response potential in
5 and 10 year horizons, including data on a State-by-State
basis, and a methodology for updates of such estimates on an
annual basis.
``(2) Estimation of how much of this potential can be
achieved within 5 and 10 years after the enactment of this
part accompanied by specific policy recommendations that if
implemented can achieve the estimated potential. Such
recommendations shall include options for funding and/or
incentives for the development of demand response resources.
``(3) The Commission shall further note any barriers to
demand response programs offering flexible, non-
discriminatory, and fairly compensatory terms for the
services and benefits made available, and shall provide
recommendations for overcoming such barriers.
``(4) The Commission shall seek to take advantage of
preexisting research and ongoing work, and shall insure that
there is no duplication of effort.
``(b) National Action Plan on Demand Response.--The
Commission shall further develop a National Action Plan on
Demand Response, soliciting and accepting input and
participation from a broad range of industry stakeholders,
State regulatory utility commissioners, and non-governmental
groups. The Commission shall seek consensus where possible,
and decide on optimum solutions to issues that defy
consensus. Such Plan shall be completed within one year after
the completion of the National Assessment of Demand Response,
and shall meet each of the following objectives:
``(1) Identification of requirements for technical
assistance to States to allow them to maximize the amount of
demand response resources that can be developed and deployed.
``(2) Design and identification of requirements for
implementation of a national communications program that
includes broad-based customer education and support.
``(3) Development or identification of analytical tools,
information, model regulatory provisions, model contracts,
and other support materials for use by customers, states,
utilities and demand response providers.
``(c) Upon completion, the National Action Plan on Demand
Response shall be published, together with any favorable and
dissenting comments submitted by participants in its
preparation. Six months after publication, the Commission,
together with the Secretary of Energy, shall submit to
Congress a proposal to implement the Action Plan, including
specific proposed assignments of responsibility, proposed
budget amounts, and any agreements secured for participation
from State and other participants.
``(d) Authorization.--There are authorized to be
appropriated to the Commission to carry out this section not
more than $10,000,000 for each of the fiscal years 2008,
2009, and 2010.''.
(b) Table of Contents.--The table of contents for the
National Energy Conservation Policy Act (42 U.S.C. 8201 note)
is amended by adding after the items relating to part 4 of
title V the following:
``Part 5--Peak Demand Reduction
``Sec. 571. National Action Plan for Demand Response.''.
Subtitle D--Energy Efficiency of Public Institutions
SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``$100,000,000 for
each of the fiscal years 2006 and 2007 and $125,000,000 for
fiscal year 2008'' and inserting ``$125,000,000 for each of
fiscal years 2007 through 2012''.
SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities.--Section 111(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d))
is amended by adding at the end the following:
``(16) Integrated resource planning.--Each electric utility
shall--
``(A) integrate energy efficiency resources into utility,
State, and regional plans; and
``(B) adopt policies establishing cost-effective energy
efficiency as a priority resource.
``(17) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by any
electric utility shall--
``(i) align utility incentives with the delivery of cost-
effective energy efficiency; and
``(ii) promote energy efficiency investments.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) removing the throughput incentive and other
regulatory and management disincentives to energy efficiency;
``(ii) providing utility incentives for the successful
management of energy efficiency programs;
``(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives;
``(iv) adopting rate designs that encourage energy
efficiency for each customer class;
``(v) allowing timely recovery of energy efficiency-related
costs; and
``(vi) offering home energy audits, offering demand
response programs, publicizing the financial and
environmental benefits associated with making home energy
efficiency improvements, and educating homeowners about all
existing Federal and State incentives, including the
availability of low-cost loans, that make energy efficiency
improvements more affordable.''.
(b) Natural Gas Utilities.--Section 303(b) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b))
is amended by adding at the end the following:
``(5) Energy efficiency.--Each natural gas utility shall--
``(A) integrate energy efficiency resources into the plans
and planning processes of the natural gas utility; and
``(B) adopt policies that establish energy efficiency as a
priority resource in the plans and planning processes of the
natural gas utility.
``(6) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by a
natural gas utility shall align utility incentives with the
deployment of cost-effective energy efficiency.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) separating fixed-cost revenue recovery from the
volume of transportation or sales service provided to the
customer;
``(ii) providing to utilities incentives for the successful
management of energy efficiency programs, such as allowing
utilities to retain a portion of the cost-reducing benefits
accruing from the programs;
``(iii) promoting the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives; and
``(iv) adopting rate designs that encourage energy
efficiency for each customer class.
For purposes of applying the provisions of this subtitle to
this paragraph, any reference in this subtitle to the date of
enactment of this Act shall be treated as a reference to the
date of enactment of this paragraph.''.
(c) Conforming Amendment.--Section 303(a) of the Public
Utility Regulatory Policies Act of 1978 U.S.C. 3203(a)) is
amended by striking ``and (4)'' inserting ``(4), (5), and
(6)''.
Subtitle E--Energy Efficiency and Conservation Block Grants
SEC. 541. DEFINITIONS.
In this subtitle:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an eligible unit of local government; and
(C) an Indian tribe.
(2) Eligible unit of local government.--The term ``eligible
unit of local government'' means--
(A) an eligible unit of local government-alternative 1; and
(B) an eligible unit of local government-alternative 2.
(3)(A) Eligible unit of local government-alternative 1.--
The term ``eligible unit of local government-alternative 1''
means--
(i) a city with a population--
(I) of at least 35,000; or
(II) that causes the city to be 1 of the 10 highest-
populated cities of the State in which the city is located;
and
(ii) a county with a population--
(I) of at least 200,000; or
[[Page H16705]]
(II) that causes the county to be 1 of the 10 highest-
populated counties of the State in which the county is
located.
(B) Eligible unit of local government-alternative 2.--The
term ``eligible unit of local government-alternative 2''
means--
(i) a city with a population of at least 50,000; or
(ii) a county with a population of at least 200,000.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Program.--The term ``program'' means the Energy
Efficiency and Conservation Block Grant Program established
under section 542(a).
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.
(a) Establishment.--The Secretary shall establish a
program, to be known as the ``Energy Efficiency and
Conservation Block Grant Program'', under which the Secretary
shall provide grants to eligible entities in accordance with
this subtitle.
(b) Purpose.--The purpose of the program shall be to assist
eligible entities in implementing strategies--
(1) to reduce fossil fuel emissions created as a result of
activities within the jurisdictions of eligible entities in
manner that--
(A) is environmentally sustainable; and
(B) to the maximum extent practicable, maximizes benefits
for local and regional communities;
(2) to reduce the total energy use of the eligible
entities; and
(3) to improve energy efficiency in--
(A) the transportation sector;
(B) the building sector; and
(C) other appropriate sectors.
SEC. 543. ALLOCATION OF FUNDS.
(a) In General.--Of amounts made available to provide
grants under this subtitle for each fiscal year, the
Secretary shall allocate--
(1) 68 percent to eligible units of local government in
accordance with subsection (b);
(2) 28 percent to States in accordance with subsection (c);
(3) 2 percent to Indian tribes in accordance with
subsection (d); and
(4) 2 percent for competitive grants under section 546.
(b) Eligible Units of Local Government.--Of amounts
available for distribution to eligible units of local
government under subsection (a)(1), the Secretary shall
provide grants to eligible units of local government under
this section based on a formula established by the Secretary
according to--
(1) the populations served by the eligible units of local
government, according to the latest available decennial
census; and
(2) the daytime populations of the eligible units of local
government and other similar factors (such as square footage
of commercial, office, and industrial space), as determined
by the Secretary.
(c) States.--Of amounts available for distribution to
States under subsection (a)(2), the Secretary shall provide--
(1) not less than 1.25 percent to each State; and
(2) the remainder among the States, based on a formula to
be established by the Secretary that takes into account--
(A) the population of each State; and
(B) any other criteria that the Secretary determines to be
appropriate.
(d) Indian Tribes.--Of amounts available for distribution
to Indian tribes under subsection (a)(3), the Secretary shall
establish a formula for allocation of the amounts to Indian
tribes, taking into account any factors that the Secretary
determines to be appropriate.
(e) Publication of Allocation Formulas.--Not later than 90
days before the beginning of each fiscal year for which
grants are provided under this subtitle, the Secretary shall
publish in the Federal Register the formulas for allocation
established under this section.
(f) State and Local Advisory Committee.--The Secretary
shall establish a State and local advisory committee to
advise the Secretary regarding administration,
implementation, and evaluation of the program.
SEC. 544. USE OF FUNDS.
An eligible entity may use a grant received under this
subtitle to carry out activities to achieve the purposes of
the program, including--
(1) development and implementation of an energy efficiency
and conservation strategy under section 545(b);
(2) retaining technical consultant services to assist the
eligible entity in the development of such a strategy,
including--
(A) formulation of energy efficiency, energy conservation,
and energy usage goals;
(B) identification of strategies to achieve those goals--
(i) through efforts to increase energy efficiency and
reduce energy consumption; and
(ii) by encouraging behavioral changes among the population
served by the eligible entity;
(C) development of methods to measure progress in achieving
the goals;
(D) development and publication of annual reports to the
population served by the eligible entity describing--
(i) the strategies and goals; and
(ii) the progress made in achieving the strategies and
goals during the preceding calendar year; and
(E) other services to assist in the implementation of the
energy efficiency and conservation strategy;
(3) conducting residential and commercial building energy
audits;
(4) establishment of financial incentive programs for
energy efficiency improvements;
(5) the provision of grants to nonprofit organizations and
governmental agencies for the purpose of performing energy
efficiency retrofits;
(6) development and implementation of energy efficiency and
conservation programs for buildings and facilities within the
jurisdiction of the eligible entity, including--
(A) design and operation of the programs;
(B) identifying the most effective methods for achieving
maximum participation and efficiency rates;
(C) public education;
(D) measurement and verification protocols; and
(E) identification of energy efficient technologies;
(7) development and implementation of programs to conserve
energy used in transportation, including--
(A) use of flex time by employers;
(B) satellite work centers;
(C) development and promotion of zoning guidelines or
requirements that promote energy efficient development;
(D) development of infrastructure, such as bike lanes and
pathways and pedestrian walkways;
(E) synchronization of traffic signals; and
(F) other measures that increase energy efficiency and
decrease energy consumption;
(8) development and implementation of building codes and
inspection services to promote building energy efficiency;
(9) application and implementation of energy distribution
technologies that significantly increase energy efficiency,
including--
(A) distributed resources; and
(B) district heating and cooling systems;
(10) activities to increase participation and efficiency
rates for material conservation programs, including source
reduction, recycling, and recycled content procurement
programs that lead to increases in energy efficiency;
(11) the purchase and implementation of technologies to
reduce, capture, and, to the maximum extent practicable, use
methane and other greenhouse gases generated by landfills or
similar sources;
(12) replacement of traffic signals and street lighting
with energy efficient lighting technologies, including--
(A) light emitting diodes; and
(B) any other technology of equal or greater energy
efficiency;
(13) development, implementation, and installation on or in
any government building of the eligible entity of onsite
renewable energy technology that generates electricity from
renewable resources, including--
(A) solar energy;
(B) wind energy;
(C) fuel cells; and
(D) biomass; and
(14) any other appropriate activity, as determined by the
Secretary, in consultation with--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Transportation; and
(C) the Secretary of Housing and Urban Development.
SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES.
(a) Construction Requirement.--
(1) In general.--To be eligible to receive a grant under
the program, each eligible applicant shall submit to the
Secretary a written assurance that all laborers and mechanics
employed by any contractor or subcontractor of the eligible
entity during any construction, alteration, or repair
activity funded, in whole or in part, by the grant shall be
paid wages at rates not less than the prevailing wages for
similar construction activities in the locality, as
determined by the Secretary of Labor, in accordance with
sections 3141 through 3144, 3146, and 3147 of title 40,
United States Code.
(2) Secretary of labor.--With respect to the labor
standards referred to in paragraph (1), the Secretary of
Labor shall have the authority and functions described in--
(A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 903
note); and
(B) section 3145 of title 40, United States Code.
(b) Eligible Units of Local Government and Indian Tribes.--
(1) Proposed strategy.--
(A) In general.--Not later than 1 year after the date on
which an eligible unit of local government or Indian tribe
receives a grant under this subtitle, the eligible unit of
local government or Indian tribe shall submit to the
Secretary a proposed energy efficiency and conservation
strategy in accordance with this paragraph.
(B) Inclusions.--The proposed strategy under subparagraph
(A) shall include--
(i) a description of the goals of the eligible unit of
local government or Indian tribe, in accordance with the
purposes of this subtitle, for increased energy efficiency
and conservation in the jurisdiction of the eligible unit of
local government or Indian tribe; and
(ii) a plan for the use of the grant to assist the eligible
unit of local government or Indian tribe in achieving those
goals, in accordance with section 544.
(C) Requirements for eligible units of local government.--
In developing the strategy under subparagraph (A), an
eligible unit of local government shall--
(i) take into account any plans for the use of funds by
adjacent eligible units of local governments that receive
grants under the program; and
(ii) coordinate and share information with the State in
which the eligible unit of local government is located
regarding activities carried out
[[Page H16706]]
using the grant to maximize the energy efficiency and
conservation benefits under this subtitle.
(2) Approval by secretary.--
(A) In general.--The Secretary shall approve or disapprove
a proposed strategy under paragraph (1) by not later than 120
days after the date of submission of the proposed strategy.
(B) Disapproval.--If the Secretary disapproves a proposed
strategy under subparagraph (A)--
(i) the Secretary shall provide to the eligible unit of
local government or Indian tribe the reasons for the
disapproval; and
(ii) the eligible unit of local government or Indian tribe
may revise and resubmit the proposed strategy as many times
as necessary until the Secretary approves a proposed
strategy.
(C) Requirement.--The Secretary shall not provide to an
eligible unit of local government or Indian tribe any grant
under the program until a proposed strategy of the eligible
unit of local government or Indian tribe is approved by the
Secretary under this paragraph.
(3) Limitations on use of funds.--Of amounts provided to an
eligible unit of local government or Indian tribe under the
program, an eligible unit of local government or Indian tribe
may use--
(A) for administrative expenses, excluding the cost of
meeting the reporting requirements of this subtitle, an
amount equal to the greater of--
(i) 10 percent; and
(ii) $75,000;
(B) for the establishment of revolving loan funds, an
amount equal to the greater of--
(i) 20 percent; and
(ii) $250,000; and
(C) for the provision of subgrants to nongovernmental
organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation
strategy of the eligible unit of local government or Indian
tribe, an amount equal to the greater of--
(i) 20 percent; and
(ii) $250,000.
(4) Annual report.--Not later than 2 years after the date
on which funds are initially provided to an eligible unit of
local government or Indian tribe under the program, and
annually thereafter, the eligible unit of local government or
Indian tribe shall submit to the Secretary a report
describing--
(A) the status of development and implementation of the
energy efficiency and conservation strategy of the eligible
unit of local government or Indian tribe; and
(B) as practicable, an assessment of energy efficiency
gains within the jurisdiction of the eligible unit of local
government or Indian tribe.
(c) States.--
(1) Distribution of funds.--
(A) In general.--A State that receives a grant under the
program shall use not less than 60 percent of the amount
received to provide subgrants to units of local government in
the State that are not eligible units of local government.
(B) Deadline.--The State shall provide the subgrants
required under subparagraph (A) by not later than 180 days
after the date on which the Secretary approves a proposed
energy efficiency and conservation strategy of the State
under paragraph (3).
(2) Revision of conservation plan; proposed strategy.--Not
later than 120 days after the date of enactment of this Act,
each State shall--
(A) modify the State energy conservation plan of the State
under section 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322) to establish additional goals for increased
energy efficiency and conservation in the State; and
(B) submit to the Secretary a proposed energy efficiency
and conservation strategy that--
(i) establishes a process for providing subgrants as
required under paragraph (1); and
(ii) includes a plan of the State for the use of funds
received under a the program to assist the State in achieving
the goals established under subparagraph (A), in accordance
with sections 542(b) and 544.
(3) Approval by secretary.--
(A) In general.--The Secretary shall approve or disapprove
a proposed strategy under paragraph (2)(B) by not later than
120 days after the date of submission of the proposed
strategy.
(B) Disapproval.--If the Secretary disapproves a proposed
strategy under subparagraph (A)--
(i) the Secretary shall provide to the State the reasons
for the disapproval; and
(ii) the State may revise and resubmit the proposed
strategy as many times as necessary until the Secretary
approves a proposed strategy.
(C) Requirement.--The Secretary shall not provide to a
State any grant under the program until a proposed strategy
of the State is approved the Secretary under this paragraph.
(4) Limitations on use of funds.--A State may use not more
than 10 percent of amounts provided under the program for
administrative expenses.
(5) Annual reports.--Each State that receives a grant under
the program shall submit to the Secretary an annual report
that describes--
(A) the status of development and implementation of the
energy efficiency and conservation strategy of the State
during the preceding calendar year;
(B) the status of the subgrant program of the State under
paragraph (1);
(C) the energy efficiency gains achieved through the energy
efficiency and conservation strategy of the State during the
preceding calendar year; and
(D) specific energy efficiency and conservation goals of
the State for subsequent calendar years.
SEC. 546. COMPETITIVE GRANTS.
(a) In General.--Of the total amount made available for
each fiscal year to carry out this subtitle, the Secretary
shall use not less than 2 percent to provide grants under
this section, on a competitive basis, to--
(1) units of local government (including Indian tribes)
that are not eligible entities; and
(2) consortia of units of local government described in
paragraph (1).
(b) Applications.--To be eligible to receive a grant under
this section, a unit of local government or consortia shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including a plan of the unit of local government to
carry out an activity described in section 544.
(c) Priority.--In providing grants under this section, the
Secretary shall give priority to units of local government--
(1) located in States with populations of less than
2,000,000; or
(2) that plan to carry out projects that would result in
significant energy efficiency improvements or reductions in
fossil fuel use.
SEC. 547. REVIEW AND EVALUATION.
(a) In General.--The Secretary may review and evaluate the
performance of any eligible entity that receives a grant
under the program, including by conducting an audit, as the
Secretary determines to be appropriate.
(b) Withholding of Funds.--The Secretary may withhold from
an eligible entity any portion of a grant to be provided to
the eligible entity under the program if the Secretary
determines that the eligible entity has failed to achieve
compliance with--
(1) any applicable guideline or regulation of the Secretary
relating to the program, including the misuse or
misappropriation of funds provided under the program; or
(2) the energy efficiency and conservation strategy of the
eligible entity.
SEC. 548. FUNDING.
(a) Authorization of Appropriations.--
(1) Grants.--There is authorized to be appropriated to the
Secretary for the provision of grants under the program
$2,000,000,000 for each of fiscal years 2008 through 2012;
provided that 49 percent of the appropriated funds shall be
distributed using the definition of eligible unit of local
government-alternative 1 in section 541(3)(A) and 49 percent
of the appropriated funds shall be distributed using the
definition of eligible unit of local government-alternative 2
in section 541(3)(B).
(2) Administrative costs.--There are authorized to be
appropriated to the Secretary for administrative expenses of
the program--
(A) $20,000,000 for each of fiscal years 2008 and 2009;
(B) $25,000,000 for each of fiscal years 2010 and 2011; and
(C) $30,000,000 for fiscal year 2012.
(b) Maintenance of Funding.--The funding provided under
this section shall supplement (and not supplant) other
Federal funding provided under--
(1) a State energy conservation plan established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.); or
(2) the Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.).
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Solar Energy Research
and Advancement Act of 2007''.
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Establishment.--The Secretary shall establish a program
of research and development to provide lower cost and more
viable thermal energy storage technologies to enable the
shifting of electric power loads on demand and extend the
operating time of concentrating solar power electric
generating plants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $5,000,000 for fiscal year 2008, $7,000,000 for
fiscal year 2009, $9,000,000 for fiscal year 2010,
$10,000,000 for fiscal year 2011, and $12,000,000 for fiscal
year 2012.
SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION
STUDIES.
(a) Integration.--The Secretary shall conduct a study on
methods to integrate concentrating solar power and utility-
scale photovoltaic systems into regional electricity
transmission systems, and to identify new transmission or
transmission upgrades needed to bring electricity from high
concentrating solar power resource areas to growing electric
power load centers throughout the United States. The study
shall analyze and assess cost-effective approaches for
management and large-scale integration of concentrating solar
power and utility-scale photovoltaic systems into regional
electric transmission grids to improve electric reliability,
to efficiently manage load, and to reduce demand on the
natural gas transmission system for electric power. The
Secretary shall submit a report to Congress on the results of
this study not later than 12 months after the date of
enactment of this Act.
(b) Water Consumption.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of Energy
shall transmit to Congress a report on the results of a study
on methods to reduce the amount of water consumed by
concentrating solar power systems.
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND
CERTIFICATION GRANTS.
(a) Establishment.--The Secretary shall establish in the
Office of Solar Energy Technologies a competitive grant
program to create and strengthen solar industry workforce
training and internship programs in installation, operation,
and maintenance of solar energy products. The goal of this
program is to ensure a
[[Page H16707]]
supply of well-trained individuals to support the expansion
of the solar energy industry.
(b) Authorized Activities.--Grant funds may be used to
support the following activities:
(1) Creation and development of a solar energy curriculum
appropriate for the local educational, entrepreneurial, and
environmental conditions, including curriculum for community
colleges.
(2) Support of certification programs for individual solar
energy system installers, instructors, and training programs.
(3) Internship programs that provide hands-on participation
by students in commercial applications.
(4) Activities required to obtain certification of training
programs and facilities by an industry-accepted quality-
control certification program.
(5) Incorporation of solar-specific learning modules into
traditional occupational training and internship programs for
construction-related trades.
(6) The purchase of equipment necessary to carry out
activities under this section.
(7) Support of programs that provide guidance and updates
to solar energy curriculum instructors.
(c) Administration of Grants.--Grants may be awarded under
this section for up to 3 years. The Secretary shall award
grants to ensure sufficient geographic distribution of
training programs nationally. Grants shall only be awarded
for programs certified by an industry-accepted quality-
control certification institution, or for new and growing
programs with a credible path to certification. Due
consideration shall be given to women, underrepresented
minorities, and persons with disabilities.
(d) Report.--The Secretary shall make public, on the
website of the Department or upon request, information on the
name and institution for all grants awarded under this
section, including a brief description of the project as well
as the grant award amount.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $10,000,000 for each of the fiscal years 2008 through
2012.
SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE
TECHNOLOGY.
(a) Establishment.--The Secretary shall establish a program
of research and development to provide assistance in the
demonstration and commercial application of direct solar
renewable energy sources to provide alternatives to
traditional power generation for lighting and illumination,
including light pipe technology, and to promote greater
energy conservation and improved efficiency. All direct solar
renewable energy devices supported under this program shall
have the capability to provide measurable data on the amount
of kilowatt-hours saved over the traditionally powered light
sources they have replaced.
(b) Reporting.--The Secretary shall transmit to Congress an
annual report assessing the measurable data derived from each
project in the direct solar renewable energy sources program
and the energy savings resulting from its use.
(c) Definitions.--For purposes of this section--
(1) the term ``direct solar renewable energy'' means energy
from a device that converts sunlight into useable light
within a building, tunnel, or other enclosed structure,
replacing artificial light generated by a light fixture and
doing so without the conversion of the sunlight into another
form of energy; and
(2) the term ``light pipe'' means a device designed to
transport visible solar radiation from its collection point
to the interior of a building while excluding interior heat
gain in the nonheating season.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $3,500,000 for each of the fiscal years 2008 through
2012.
SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Establishment.--The Secretary shall establish a
research, development, and demonstration program to promote
less costly and more reliable decentralized distributed
solar-powered air conditioning for individuals and
businesses.
(b) Authorized Activities.--Grants made available under
this section may be used to support the following activities:
(1) Advancing solar thermal collectors, including
concentrating solar thermal and electric systems, flat plate
and evacuated tube collector performance.
(2) Achieving technical and economic integration of solar-
powered distributed air-conditioning systems with existing
hot water and storage systems for residential applications.
(3) Designing and demonstrating mass manufacturing
capability to reduce costs of modular standardized solar-
powered distributed air conditioning systems and components.
(4) Improving the efficiency of solar-powered distributed
air-conditioning to increase the effectiveness of solar-
powered absorption chillers, solar-driven compressors and
condensors, and cost-effective precooling approaches.
(5) Researching and comparing performance of solar-powered
distributed air conditioning systems in different regions of
the country, including potential integration with other
onsite systems, such as solar, biogas, geothermal heat pumps,
and propane assist or combined propane fuel cells, with a
goal to develop site-specific energy production and
management systems that ease fuel and peak utility loading.
(c) Cost Sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out
under this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $2,500,000 for each of the fiscal years 2008 through
2012.
SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall establish a program of
grants to States to demonstrate advanced photovoltaic
technology.
(b) Requirements.--
(1) Ability to meet requirements.--To receive funding under
the program under this section, a State must submit a
proposal that demonstrates, to the satisfaction of the
Secretary, that the State will meet the requirements of
subsection (f).
(2) Compliance with requirements.--If a State has received
funding under this section for the preceding year, the State
must demonstrate, to the satisfaction of the Secretary, that
it complied with the requirements of subsection (f) in
carrying out the program during that preceding year, and that
it will do so in the future, before it can receive further
funding under this section.
(c) Competition.--The Secretary shall award grants on a
competitive basis to the States with the proposals the
Secretary considers most likely to encourage the widespread
adoption of photovoltaic technologies. The Secretary shall
take into consideration the geographic distribution of
awards.
(d) Proposals.--Not later than 6 months after the date of
enactment of this Act, and in each subsequent fiscal year for
the life of the program, the Secretary shall solicit
proposals from the States to participate in the program under
this section.
(e) Competitive Criteria.--In awarding funds in a
competitive allocation under subsection (c), the Secretary
shall consider--
(1) the likelihood of a proposal to encourage the
demonstration of, or lower the costs of, advanced
photovoltaic technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics demonstrated;
(B) maximize the proportion of non-Federal cost share; and
(C) limit State administrative costs.
(f) State Program.--A program operated by a State with
funding under this section shall provide competitive awards
for the demonstration of advanced photo-voltaic technologies.
Each State program shall--
(1) require a contribution of at least 60 percent per award
from non-Federal sources, which may include any combination
of State, local, and private funds, except that at least 10
percent of the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial,
industrial, institutional, governmental, and residential
sectors;
(3) limit State administrative costs to no more than 10
percent of the grant;
(4) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph (5);
(5) provide for measurement and verification of the output
of a representative sample of the photovoltaics systems
demonstrated throughout the average working life of the
systems, or at least 20 years; and
(6) require that applicant buildings must have received an
independent energy efficiency audit during the 6-month period
preceding the filing of the application.
(g) Unexpended Funds.--If a State fails to expend any funds
received under this section within 3 years of receipt, such
remaining funds shall be returned to the Treasury.
(h) Reports.--The Secretary shall report to Congress 5
years after funds are first distributed to the States under
this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection (f)(5);
and
(5) the total amount of funds distributed, including a
breakdown by State.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for the purposes of
carrying out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.
Subtitle B--Geothermal Energy
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``Advanced Geothermal
Energy Research and Development Act of 2007''.
SEC. 612. DEFINITIONS.
For purposes of this subtitle:
(1) Engineered.--When referring to enhanced geothermal
systems, the term ``engineered'' means subjected to
intervention, including intervention to address one or more
of the following issues:
(A) Lack of effective permeability or porosity or open
fracture connectivity within the reservoir.
(B) Insufficient contained geofluid in the reservoir.
(C) A low average geothermal gradient, which necessitates
deeper drilling.
(2) Enhanced geothermal systems.--The term ``enhanced
geothermal systems'' means geothermal reservoir systems that
are engineered, as opposed to occurring naturally.
(3) Geofluid.--The term ``geofluid'' means any fluid used
to extract thermal energy from the Earth which is transported
to the surface for direct use or electric power generation,
except that such term shall not include oil or natural gas.
(4) Geopressured resources.--The term ``geopressured
resources'' mean geothermal deposits found in sedimentary
rocks under higher than normal pressure and saturated with
gas or methane.
[[Page H16708]]
(5) Geothermal.--The term ``geothermal'' refers to heat
energy stored in the Earth's crust that can be accessed for
direct use or electric power generation.
(6) Hydrothermal.--The term ``hydrothermal'' refers to
naturally occurring subsurface reservoirs of hot water or
steam.
(7) Systems approach.--The term ``systems approach'' means
an approach to solving problems or designing systems that
attempts to optimize the performance of the overall system,
rather than a particular component of the system.
SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall support programs of
research, development, demonstration, and commercial
application to expand the use of geothermal energy production
from hydrothermal systems, including the programs described
in subsection (b).
(b) Programs.--
(1) Advanced hydrothermal resource tools.--The Secretary,
in consultation with other appropriate agencies, shall
support a program to develop advanced geophysical,
geochemical, and geologic tools to assist in locating hidden
hydrothermal resources, and to increase the reliability of
site characterization before, during, and after initial
drilling. The program shall develop new prospecting
techniques to assist in prioritization of targets for
characterization. The program shall include a field
component.
(2) Industry coupled exploratory drilling.--The Secretary
shall support a program of cost-shared field demonstration
programs, to be pursued, simultaneously and independently, in
collaboration with industry partners, for the demonstration
of advanced technologies and techniques of siting and
exploratory drilling for undiscovered resources in a variety
of geologic settings. The program shall include incentives to
encourage the use of advanced technologies and techniques.
SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
(a) Subsurface Components and Systems.--The Secretary shall
support a program of research, development, demonstration,
and commercial application of components and systems capable
of withstanding extreme geothermal environments and necessary
to cost-effectively develop, produce, and monitor geothermal
reservoirs and produce geothermal energy. These components
and systems shall include advanced casing systems (expandable
tubular casing, low-clearance casing designs, and others),
high-temperature cements, high-temperature submersible pumps,
and high-temperature packers, as well as technologies for
under-reaming, multilateral completions, high-temperature and
high-pressure logging, logging while drilling, deep fracture
stimulation, and reservoir system diagnostics.
(b) Reservoir Performance Modeling.--The Secretary shall
support a program of research, development, demonstration,
and commercial application of models of geothermal reservoir
performance, with an emphasis on accurately modeling
performance over time. Models shall be developed to assist
both in the development of geothermal reservoirs and to more
accurately account for stress-related effects in stimulated
hydrothermal and enhanced geothermal systems production
environments.
(c) Environmental Impacts.--The Secretary shall--
(1) support a program of research, development,
demonstration, and commercial application of technologies and
practices designed to mitigate or preclude potential adverse
environmental impacts of geothermal energy development,
production or use, and seek to ensure that geothermal energy
development is consistent with the highest practicable
standards of environmental stewardship;
(2) in conjunction with the Assistant Administrator for
Research and Development at the Environmental Protection
Agency, support a research program to identify potential
environmental impacts of geothermal energy development,
production, and use, and ensure that the program described in
paragraph (1) addresses such impacts, including effects on
groundwater and local hydrology; and
(3) support a program of research to compare the potential
environmental impacts identified as part of the development,
production, and use of geothermal energy with the potential
emission reductions of greenhouse gases gained by geothermal
energy development, production, and use.
SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary shall support a program of
research, development, demonstration, and commercial
application for enhanced geothermal systems, including the
programs described in subsection (b).
(b) Programs.--
(1) Enhanced geothermal systems technologies.--The
Secretary shall support a program of research, development,
demonstration, and commercial application of the technologies
and knowledge necessary for enhanced geothermal systems to
advance to a state of commercial readiness, including
advances in--
(A) reservoir stimulation;
(B) reservoir characterization, monitoring, and modeling;
(C) stress mapping;
(D) tracer development;
(E) three-dimensional tomography; and
(F) understanding seismic effects of reservoir engineering
and stimulation.
(2) Enhanced geothermal systems reservoir stimulation.--
(A) Program.--In collaboration with industry partners, the
Secretary shall support a program of research, development,
and demonstration of enhanced geothermal systems reservoir
stimulation technologies and techniques. A minimum of 4 sites
shall be selected in locations that show particular promise
for enhanced geothermal systems development. Each site
shall--
(i) represent a different class of subsurface geologic
environments; and
(ii) take advantage of an existing site where subsurface
characterization has been conducted or existing drill holes
can be utilized, if possible.
(B) Consideration of existing site.--The Desert Peak,
Nevada, site, where a Department of Energy and industry
cooperative enhanced geothermal systems project is already
underway, may be considered for inclusion among the sites
selected under subparagraph (A).
SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS
FIELDS AND RECOVERY AND PRODUCTION OF
GEOPRESSURED GAS RESOURCES.
(a) In General.--The Secretary shall establish a program of
research, development, demonstration, and commercial
application to support development of geothermal energy
production from oil and gas fields and production and
recovery of energy, including electricity, from geopressured
resources. In addition, the Secretary shall conduct such
supporting activities including research, resource
characterization, and technology development as necessary.
(b) Geothermal Energy Production From Oil and Gas Fields.--
The Secretary shall implement a grant program in support of
geothermal energy production from oil and gas fields. The
program shall include grants for a total of not less than
three demonstration projects of the use of geothermal
techniques such as advanced organic rankine cycle systems at
marginal, unproductive, and productive oil and gas wells. The
Secretary shall, to the extent practicable and in the public
interest, make awards that--
(1) include not less than five oil or gas well sites per
project award;
(2) use a range of oil or gas well hot water source
temperatures from 150 degrees Fahrenheit to 300 degrees
Fahrenheit;
(3) cover a range of sizes up to one megawatt;
(4) are located at a range of sites;
(5) can be replicated at a wide range of sites;
(6) facilitate identification of optimum techniques among
competing alternatives;
(7) include business commercialization plans that have the
potential for production of equipment at high volumes and
operation and support at a large number of sites; and
(8) satisfy other criteria that the Secretary determines
are necessary to carry out the program and collect necessary
data and information.
The Secretary shall give preference to assessments that
address multiple elements contained in paragraphs (1) through
(8).
(c) Grant Awards.--Each grant award for demonstration of
geothermal technology such as advanced organic rankine cycle
systems at oil and gas wells made by the Secretary under
subsection (b) shall include--
(1) necessary and appropriate site engineering study;
(2) detailed economic assessment of site specific
conditions;
(3) appropriate feasibility studies to determine whether
the demonstration can be replicated;
(4) design or adaptation of existing technology for site
specific circumstances or conditions;
(5) installation of equipment, service, and support;
(6) operation for a minimum of 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.
(2) The Secretary shall solicit preliminary engineering
designs for geopressured resources production and recovery
facilities.
(3) Based upon a review of the preliminary designs, the
Secretary shall award grants, which may be cost-shared, to
support the detailed development and completion of
engineering, architectural and technical plans needed to
support construction of new designs.
(4) Based upon a review of the final design plans above,
the Secretary shall award cost-shared development and
construction grants for demonstration geopressured production
facilities that show potential for economic recovery of the
heat, kinetic energy and gas resources from geopressured
resources.
(e) Competitive Grant Selection.--Not less than 90 days
after the date of the enactment of this Act, the Secretary
shall conduct a national solicitation for applications for
grants under the programs outlined in subsections (b) and
(d). Grant recipients shall be selected on a competitive
basis based on criteria in the respective subsection.
(f) Well Drilling.--No funds may be used under this section
for the purpose of drilling new wells.
SEC. 617. COST SHARING AND PROPOSAL EVALUATION.
(a) Federal Share.--The Federal share of costs of projects
funded under this subtitle shall be in accordance with
section 988 of the Energy Policy Act of 2005.
(b) Organization and Administration of Programs.--Programs
under this subtitle shall incorporate the following elements:
(1) The Secretary shall coordinate with, and where
appropriate may provide funds in furtherance of the purposes
of this subtitle to, other Department of Energy research and
development programs focused on drilling, subsurface
characterization, and other related technologies.
[[Page H16709]]
(2) In evaluating proposals, the Secretary shall give
priority to proposals that demonstrate clear evidence of
employing a systems approach.
(3) The Secretary shall coordinate and consult with the
appropriate Federal land management agencies in selecting
proposals for funding under this subtitle.
(4) Nothing in this subtitle shall be construed to alter or
affect any law relating to the management or protection of
Federal lands.
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER.
(a) In General.--The Secretary shall award to an
institution of higher education (or consortium thereof) a
grant to establish a Center for Geothermal Technology
Transfer (referred to in this section as the ``Center'').
(b) Duties.--The Center shall--
(1) serve as an information clearinghouse for the
geothermal industry by collecting and disseminating
information on best practices in all areas relating to
developing and utilizing geothermal resources;
(2) make data collected by the Center available to the
public; and
(3) seek opportunities to coordinate efforts and share
information with domestic and international partners engaged
in research and development of geothermal systems and related
technology.
(c) Selection Criteria.--In awarding the grant under
subsection (a) the Secretary shall select an institution of
higher education (or consortium thereof) best suited to
provide national leadership on geothermal related issues and
perform the duties enumerated under subsection (b).
(d) Duration of Grant.--A grant made under subsection (a)--
(1) shall be for an initial period of 5 years; and
(2) may be renewed for additional 5-year periods on the
basis of--
(A) satisfactory performance in meeting the duties outlined
in subsection (b); and
(B) any other requirements specified by the Secretary.
SEC. 619. GEOPOWERING AMERICA.
The Secretary shall expand the Department of Energy's
GeoPowering the West program to extend its geothermal
technology transfer activities throughout the entire United
States. The program shall be renamed ``GeoPowering America''.
The program shall continue to be based in the Department of
Energy office in Golden, Colorado.
SEC. 620. EDUCATIONAL PILOT PROGRAM.
The Secretary shall seek to award grant funding, on a
competitive basis, to an institution of higher education for
a geothermal-powered energy generation facility on the
institution's campus. The purpose of the facility shall be to
provide electricity and space heating. The facility shall
also serve as an educational resource to students in relevant
fields of study, and the data generated by the facility shall
be available to students and the general public. The total
funding award shall not exceed $2,000,000.
SEC. 621. REPORTS.
(a) Reports on Advanced Uses of Geothermal Energy.--Not
later than 3 years and 5 years after the date of enactment of
this Act, the Secretary shall report to the Committee on
Science and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
on advanced concepts and technologies to maximize the
geothermal resource potential of the United States. The
reports shall include--
(1) the use of carbon dioxide as an alternative geofluid
with potential carbon sequestration benefits;
(2) mineral recovery from geofluids;
(3) use of geothermal energy to produce hydrogen;
(4) use of geothermal energy to produce biofuels;
(5) use of geothermal heat for oil recovery from oil shales
and tar sands; and
(6) other advanced geothermal technologies, including
advanced drilling technologies and advanced power conversion
technologies.
(b) Progress Reports.--(1) Not later than 36 months after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an interim report describing the
progress made under this subtitle. At the end of 60 months,
the Secretary shall submit to Congress a report on the
results of projects undertaken under this subtitle and other
such information the Secretary considers appropriate.
(2) As necessary, the Secretary shall report to the
Congress on any legal, regulatory, or other barriers
encountered that hinder economic development of these
resources, and provide recommendations on legislative or
other actions needed to address such impediments.
SEC. 622. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving,
modifying, or superseding the applicability of any
requirement under any environmental or other Federal or State
law. To the extent that activities authorized in this
subtitle take place in coastal and ocean areas, the Secretary
shall consult with the Secretary of Commerce, acting through
the Under Secretary of Commerce for Oceans and Atmosphere,
regarding the potential marine environmental impacts and
measures to address such impacts.
SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle $90,000,000 for each of the fiscal
years 2008 through 2012, of which $10,000,000 for each fiscal
year shall be for carrying out section 616. There are also
authorized to be appropriated to the Secretary for the
Intermountain West Geothermal Consortium $5,000,000 for each
of the fiscal years 2008 through 2012.
SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.
(a) In General.--The Secretary of Energy, in coordination
with other appropriate Federal and multilateral agencies
(including the United States Agency for International
Development) shall support international collaborative
efforts to promote the research, development, and deployment
of geothermal technologies used to develop hydrothermal and
enhanced geothermal system resources, including as partners
(as appropriate) the African Rift Geothermal Development
Facility, Australia, China, France, the Republic of Iceland,
India, Japan, and the United Kingdom.
(b) United States Trade and Development Agency.--The
Director of the United States Trade and Development Agency
may--
(1) encourage participation by United States firms in
actions taken to carry out subsection (a); and
(2) provide grants and other financial support for
feasibility and resource assessment studies conducted in, or
intended to benefit, less developed countries.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 through 2012.
SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) an electric cooperative;
(C) a State;
(D) a political subdivision of a State;
(E) an Indian tribe; or
(F) a Native corporation.
(2) High-cost region.--The term ``high-cost region'' means
a region in which the average cost of electrical power
exceeds 150 percent of the national average retail cost, as
determined by the Secretary.
(b) Program.--The Secretary shall use amounts made
available to carry out this section to make grants to
eligible entities for activities described in subsection (c).
(c) Eligible Activities.--An eligible entity may use grant
funds under this section, with respect to a geothermal energy
project in a high-cost region, only--
(1) to conduct a feasibility study, including a study of
exploration, geochemical testing, geomagnetic surveys,
geologic information gathering, baseline environmental
studies, well drilling, resource characterization,
permitting, and economic analysis;
(2) for design and engineering costs, relating to the
project; and
(3) to demonstrate and promote commercial application of
technologies related to geothermal energy as part of the
project.
(d) Cost Sharing.--The cost-sharing requirements of section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall
apply to any project carried out under this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``Marine and Hydrokinetic
Renewable Energy Research and Development Act''.
SEC. 632. DEFINITION.
For purposes of this subtitle, the term ``marine and
hydrokinetic renewable energy'' means electrical energy
from--
(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels; and
(4) differentials in ocean temperature (ocean thermal
energy conversion).
The term ``marine and hydrokinetic renewable energy'' does
not include energy from any source that uses a dam,
diversionary structure, or impoundment for electric power
purposes.
SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior and the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere, shall establish a program of research,
development, demonstration, and commercial application to
expand marine and hydrokinetic renewable energy production,
including programs to--
(1) study and compare existing marine and hydrokinetic
renewable energy technologies;
(2) research, develop, and demonstrate marine and
hydrokinetic renewable energy systems and technologies;
(3) reduce the manufacturing and operation costs of marine
and hydrokinetic renewable energy technologies;
(4) investigate efficient and reliable integration with the
utility grid and intermittency issues;
(5) advance wave forecasting technologies;
(6) conduct experimental and numerical modeling for
optimization of marine energy conversion devices and arrays;
(7) increase the reliability and survivability of marine
and hydrokinetic renewable energy technologies, including
development of corrosive-resistant materials;
(8) identify, in conjunction with the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere, and other Federal agencies as
appropriate, the potential environmental impacts, including
potential impacts on fisheries and other marine resources, of
marine and hydrokinetic renewable
[[Page H16710]]
energy technologies, measures to prevent adverse impacts, and
technologies and other means available for monitoring and
determining environmental impacts;
(9) identify, in conjunction with the Secretary of the
Department in which the United States Coast Guard is
operating, acting through the Commandant of the United States
Coast Guard, the potential navigational impacts of marine and
hydrokinetic renewable energy technologies and measures to
prevent adverse impacts on navigation;
(10) develop power measurement standards for marine and
hydrokinetic renewable energy;
(11) develop identification standards for marine and
hydrokinetic renewable energy devices;
(12) address standards development, demonstration, and
technology transfer for advanced systems engineering and
system integration methods to identify critical interfaces;
(13) identifying opportunities for cross fertilization and
development of economies of scale between other renewable
sources and marine and hydrokinetic renewable energy sources;
and
(14) providing public information and opportunity for
public comment concerning all technologies.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in conjunction with the
Secretary of Commerce, acting through the Undersecretary of
Commerce for Oceans and Atmosphere, and the Secretary of the
Interior, shall provide to the Congress a report that
addresses--
(1) the potential environmental impacts, including impacts
to fisheries and marine resources, of marine and hydrokinetic
renewable energy technologies;
(2) options to prevent adverse environmental impacts;
(3) the potential role of monitoring and adaptive
management in identifying and addressing any adverse
environmental impacts; and
(4) the necessary components of such an adaptive management
program.
SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
(a) Centers.--The Secretary shall award grants to
institutions of higher education (or consortia thereof) for
the establishment of 1 or more National Marine Renewable
Energy Research, Development, and Demonstration Centers. In
selecting locations for Centers, the Secretary shall consider
sites that meet one of the following criteria:
(1) Hosts an existing marine renewable energy research and
development program in coordination with an engineering
program at an institution of higher education.
(2) Has proven expertise to support environmental and
policy-related issues associated with harnessing of energy in
the marine environment.
(3) Has access to and utilizes the marine resources in the
Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically
black colleges and universities and land grant universities
that also meet one of these criteria. In establishing
criteria for the selection of the Centers, the Secretary
shall consult with the Secretary of Commerce, acting through
the Under Secretary of Commerce for Oceans and Atmosphere, on
the criteria related to ocean waves, tides, and currents
including those for advancing wave forecasting technologies,
ocean temperature differences, and studying the compatibility
of marine renewable energy technologies and systems with the
environment, fisheries, and other marine resources.
(b) Purposes.--The Centers shall advance research,
development, demonstration, and commercial application of
marine renewable energy, and shall serve as an information
clearinghouse for the marine renewable energy industry,
collecting and disseminating information on best practices in
all areas related to developing and managing enhanced marine
renewable energy systems resources.
(c) Demonstration of Need.--When applying for a grant under
this section, an applicant shall include a description of why
Federal support is necessary for the Center, including
evidence that the research of the Center will not be
conducted in the absence of Federal support.
SEC. 635. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving,
modifying, or superseding the applicability of any
requirement under any environmental or other Federal or State
law.
SEC. 636. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this subtitle $50,000,000 for each of the fiscal
years 2008 through 2012, except that no funds shall be
appropriated under this section for activities that are
receiving funds under section 931(a)(2)(E)(i) of the Energy
Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).
Subtitle D--Energy Storage for Transportation and Electric Power
SEC. 641. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title.--This section may be cited as the ``United
States Energy Storage Competitiveness Act of 2007''.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Energy Storage
Advisory Council established under subsection (e).
(2) Compressed air energy storage.--The term ``compressed
air energy storage'' means, in the case of an electricity
grid application, the storage of energy through the
compression of air.
(3) Electric drive vehicle.--The term ``electric drive
vehicle'' means--
(A) a vehicle that uses an electric motor for all or part
of the motive power of the vehicle, including battery
electric, hybrid electric, plug-in hybrid electric, fuel
cell, and plug-in fuel cell vehicles and rail transportation
vehicles; or
(B) mobile equipment that uses an electric motor to replace
an internal combustion engine for all or part of the work of
the equipment.
(4) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(5) Flywheel.--The term ``flywheel'' means, in the case of
an electricity grid application, a device used to store
rotational kinetic energy.
(6) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources (including generators and energy
storage devices), which as an integrated system can operate
in parallel with the utility grid or in an intentional
islanding mode.
(7) Self-healing grid.--The term ``self-healing grid''
means a grid that is capable of automatically anticipating
and responding to power system disturbances (including the
isolation of failed sections and components), while
optimizing the performance and service of the grid to
customers.
(8) Spinning reserve services.--The term ``spinning reserve
services'' means a quantity of electric generating capacity
in excess of the quantity needed to meet peak electric
demand.
(9) Ultracapacitor.--The term ``ultracapacitor'' means an
energy storage device that has a power density comparable to
a conventional capacitor but is capable of exceeding the
energy density of a conventional capacitor by several orders
of magnitude.
(c) Program.--The Secretary shall carry out a research,
development, and demonstration program to support the ability
of the United States to remain globally competitive in energy
storage systems for electric drive vehicles, stationary
applications, and electricity transmission and distribution.
(d) Coordination.--In carrying out the activities of this
section, the Secretary shall coordinate relevant efforts with
appropriate Federal agencies, including the Department of
Transportation.
(e) Energy Storage Advisory Council.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an
Energy Storage Advisory Council.
(2) Composition.--
(A) In general.--Subject to subparagraph (B), the Council
shall consist of not less than 15 individuals appointed by
the Secretary, based on recommendations of the National
Academy of Sciences.
(B) Energy storage industry.--The Council shall consist
primarily of representatives of the energy storage industry
of the United States.
(C) Chairperson.--The Secretary shall select a Chairperson
for the Council from among the members appointed under
subparagraph (A).
(3) Meetings.--
(A) In general.--The Council shall meet not less than once
a year.
(B) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to a meeting of the
Council.
(4) Plans.--No later than 1 year after the date of
enactment of this Act and every 5 years thereafter, the
Council, in conjunction with the Secretary, shall develop a
5-year plan for integrating basic and applied research so
that the United States retains a globally competitive
domestic energy storage industry for electric drive vehicles,
stationary applications, and electricity transmission and
distribution.
(5) Review.--The Council shall--
(A) assess, every 2 years, the performance of the
Department in meeting the goals of the plans developed under
paragraph (4); and
(B) make specific recommendations to the Secretary on
programs or activities that should be established or
terminated to meet those goals.
(f) Basic Research Program.--
(1) Basic research.--The Secretary shall conduct a basic
research program on energy storage systems to support
electric drive vehicles, stationary applications, and
electricity transmission and distribution, including--
(A) materials design;
(B) materials synthesis and characterization;
(C) electrode-active materials, including electrolytes and
bioelectrolytes;
(D) surface and interface dynamics;
(E) modeling and simulation; and
(F) thermal behavior and life degradation mechanisms.
(2) Nanoscience centers.--The Secretary, in cooperation
with the Council, shall coordinate the activities of the
nanoscience centers of the Department to help the energy
storage research centers of the Department maintain a
globally competitive posture in energy storage systems for
electric drive vehicles, stationary applications, and
electricity transmission and distribution.
(3) Funding.--For activities carried out under this
subsection, in addition to funding activities at National
Laboratories, the Secretary shall award funds to, and
coordinate activities with, a range of stakeholders including
the public, private, and academic sectors.
(g) Applied Research Program.--
(1) In general.--The Secretary shall conduct an applied
research program on energy storage systems to support
electric drive vehicles, stationary applications, and
electricity transmission and distribution technologies,
including--
(A) ultracapacitors;
(B) flywheels;
(C) batteries and battery systems (including flow
batteries);
(D) compressed air energy systems;
(E) power conditioning electronics;
(F) manufacturing technologies for energy storage systems;
(G) thermal management systems; and
(H) hydrogen as an energy storage medium.
[[Page H16711]]
(2) Funding.--For activities carried out under this
subsection, in addition to funding activities at National
Laboratories, the Secretary shall provide funds to, and
coordinate activities with, a range of stakeholders,
including the public, private, and academic sectors.
(h) Energy Storage Research Centers.--
(1) In general.--The Secretary shall establish, through
competitive bids, not more than 4 energy storage research
centers to translate basic research into applied technologies
to advance the capability of the United States to maintain a
globally competitive posture in energy storage systems for
electric drive vehicles, stationary applications, and
electricity transmission and distribution.
(2) Program management.--The centers shall be managed by
the Under Secretary for Science of the Department.
(3) Participation agreements.--As a condition of
participating in a center, a participant shall enter into a
participation agreement with the center that requires that
activities conducted by the participant for the center
promote the goal of enabling the United States to compete
successfully in global energy storage markets.
(4) Plans.--A center shall conduct activities that promote
the achievement of the goals of the plans of the Council
under subsection (e)(4).
(5) National laboratories.--A national laboratory (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)) may participate in a center established under
this subsection, including a cooperative research and
development agreement (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(6) Disclosure.--Section 623 of the Energy Policy Act of
1992 (42 U.S.C. 13293) may apply to any project carried out
through a grant, contract, or cooperative agreement under
this subsection.
(7) Intellectual property.--In accordance with section
202(a)(ii) of title 35, United States Code, section 152 of
the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9
of the Federal Nonnuclear Energy Research and Development Act
of 1974 (42 U.S.C. 5908), the Secretary may require, for any
new invention developed under this subsection, that--
(A) if an industrial participant is active in a energy
storage research center established under this subsection
relating to the advancement of energy storage technologies
carried out, in whole or in part, with Federal funding, the
industrial participant be granted the first option to
negotiate with the invention owner, at least in the field of
energy storage technologies, nonexclusive licenses, and
royalties on terms that are reasonable, as determined by the
Secretary;
(B) if 1 or more industry participants are active in a
center, during a 2-year period beginning on the date on which
an invention is made--
(i) the patent holder shall not negotiate any license or
royalty agreement with any entity that is not an industrial
participant under this subsection; and
(ii) the patent holder shall negotiate nonexclusive
licenses and royalties in good faith with any interested
industrial participant under this subsection; and
(C) the new invention be developed under such other terms
as the Secretary determines to be necessary to promote the
accelerated commercialization of inventions made under this
subsection to advance the capability of the United States to
successfully compete in global energy storage markets.
(i) Energy Storage Systems Demonstrations.--
(1) In general.--The Secretary shall carry out a program of
new demonstrations of advanced energy storage systems.
(2) Scope.--The demonstrations shall--
(A) be regionally diversified; and
(B) expand on the existing technology demonstration program
of the Department.
(3) Stakeholders.--In carrying out the demonstrations, the
Secretary shall, to the maximum extent practicable, include
the participation of a range of stakeholders, including--
(A) rural electric cooperatives;
(B) investor owned utilities;
(C) municipally owned electric utilities;
(D) energy storage systems manufacturers;
(E) electric drive vehicle manufacturers;
(F) the renewable energy production industry;
(G) State or local energy offices;
(H) the fuel cell industry; and
(I) institutions of higher education.
(4) Objectives.--Each of the demonstrations shall include 1
or more of the following:
(A) Energy storage to improve the feasibility of microgrids
or islanding, or transmission and distribution capability, to
improve reliability in rural areas.
(B) Integration of an energy storage system with a self-
healing grid.
(C) Use of energy storage to improve security to emergency
response infrastructure and ensure availability of emergency
backup power for consumers.
(D) Integration with a renewable energy production source,
at the source or away from the source.
(E) Use of energy storage to provide ancillary services,
such as spinning reserve services, for grid management.
(F) Advancement of power conversion systems to make the
systems smarter, more efficient, able to communicate with
other inverters, and able to control voltage.
(G) Use of energy storage to optimize transmission and
distribution operation and power quality, which could address
overloaded lines and maintenance of transformers and
substations.
(H) Use of advanced energy storage for peak load management
of homes, businesses, and the grid.
(I) Use of energy storage devices to store energy during
nonpeak generation periods to make better use of existing
grid assets.
(j) Vehicle Energy Storage Demonstration.--
(1) In general.--The Secretary shall carry out a program of
electric drive vehicle energy storage technology
demonstrations.
(2) Consortia.--The technology demonstrations shall be
conducted through consortia, which may include--
(A) energy storage systems manufacturers and suppliers of
the manufacturers;
(B) electric drive vehicle manufacturers;
(C) rural electric cooperatives;
(D) investor owned utilities;
(E) municipal and rural electric utilities;
(F) State and local governments;
(G) metropolitan transportation authorities; and
(H) institutions of higher education.
(3) Objectives.--The program shall demonstrate 1 or more of
the following:
(A) Novel, high capacity, high efficiency energy storage,
charging, and control systems, along with the collection of
data on performance characteristics, such as battery life,
energy storage capacity, and power delivery capacity.
(B) Advanced onboard energy management systems and highly
efficient battery cooling systems.
(C) Integration of those systems on a prototype vehicular
platform, including with drivetrain systems for passenger,
commercial, and nonroad electric drive vehicles.
(D) New technologies and processes that reduce
manufacturing costs.
(E) Integration of advanced vehicle technologies with
electricity distribution system and smart metering
technology.
(F) Control systems that minimize emissions profiles in
cases in which clean diesel engines are part of a plug-in
hybrid drive system.
(k) Secondary Applications and Disposal of Electric Drive
Vehicle Batteries.--The Secretary shall carry out a program
of research, development, and demonstration of--
(1) secondary applications of energy storage devices
following service in electric drive vehicles; and
(2) technologies and processes for final recycling and
disposal of the devices.
(l) Cost Sharing.--The Secretary shall carry out the
programs established under this section in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(m) Merit Review of Proposals.--The Secretary shall carry
out the programs established under subsections (i), (j), and
(k) in accordance with section 989 of the Energy Policy Act
of 2005 (42 U.S.C. 16353).
(n) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall coordinate activities under
this section with other programs and laboratories of the
Department and other Federal research programs.
(o) Review by National Academy of Sciences.--On the
business day that is 5 years after the date of enactment of
this Act, the Secretary shall offer to enter into an
arrangement with the National Academy of Sciences to assess
the performance of the Department in carrying out this
section.
(p) Authorization of Appropriations.--There are authorized
to be appropriated to carry out--
(1) the basic research program under subsection (f)
$50,000,000 for each of fiscal years 2009 through 2018;
(2) the applied research program under subsection (g)
$80,000,000 for each of fiscal years 2009 through 2018; and;
(3) the energy storage research center program under
subsection (h) $100,000,000 for each of fiscal years 2009
through 2018;
(4) the energy storage systems demonstration program under
subsection (i) $30,000,000 for each of fiscal years 2009
through 2018;
(5) the vehicle energy storage demonstration program under
subsection (j) $30,000,000 for each of fiscal years 2009
through 2018; and
(6) the secondary applications and disposal of electric
drive vehicle batteries program under subsection (k)
$5,000,000 for each of fiscal years 2009 through 2018.
Subtitle E--Miscellaneous Provisions
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Energy shall
establish a program to determine ways in which the weight of
motor vehicles could be reduced to improve fuel efficiency
without compromising passenger safety by conducting research,
development, and demonstration relating to--
(1) the development of new materials (including cast metal
composite materials formed by autocombustion synthesis) and
material processes that yield a higher strength-to-weight
ratio or other properties that reduce vehicle weight; and
(2) reducing the cost of--
(A) lightweight materials (including high-strength steel
alloys, aluminum, magnesium, metal composites, and carbon
fiber reinforced polymer composites) with the properties
required for construction of lighter-weight vehicles; and
(B) materials processing, automated manufacturing, joining,
and recycling lightweight materials for high-volume
applications.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $80,000,000 for
the period of fiscal years 2008 through 2012.
SEC. 652. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Advanced insulation.--The term ``advanced insulation''
means insulation that has an R value of not less than R35 per
inch.
(2) Covered refrigeration unit.--The term ``covered
refrigeration unit'' means any--
[[Page H16712]]
(A) commercial refrigerated truck;
(B) commercial refrigerated trailer; or
(C) commercial refrigerator, freezer, or refrigerator-
freezer described in section 342(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(c)).
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that includes an evaluation of--
(1) the state of technological advancement of advanced
insulation; and
(2) the projected amount of cost savings that would be
generated by implementing advanced insulation into covered
refrigeration units.
(c) Demonstration Program.--
(1) Establishment.--If the Secretary determines in the
report described in subsection (b) that the implementation of
advanced insulation into covered refrigeration units would
generate an economically justifiable amount of cost savings,
the Secretary, in cooperation with manufacturers of covered
refrigeration units, shall establish a demonstration program
under which the Secretary shall demonstrate the cost-
effectiveness of advanced insulation.
(2) Disclosure.--The Secretary may, for a period of up to
five years after an award is granted under the demonstration
program, exempt from mandatory disclosure under section 552
of title 5, United States Code (popularly known as the
Freedom of Information Act) information that the Secretary
determines would be a privileged or confidential trade secret
or commercial or financial information under subsection
(b)(4) of such section if the information had been obtained
from a non-Government party.
(3) Cost-sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to any project carried out
under this subsection.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $8,000,000 for
the period of fiscal years 2009 through 2014.
SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005
(42 U.S.C. 15962(b)(1)(B)(ii)) is amended by striking
subclause (I) and inserting the following:
``(I)(aa) to remove at least 99 percent of sulfur dioxide;
or
``(bb) to emit not more than 0.04 pound SO2 per
million Btu, based on a 30-day average;''.
SEC. 654. H-PRIZE.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by adding at the end the following new
subsection:
``(f) H-Prize.--
``(1) Prize authority.--
``(A) In general.--As part of the program under this
section, the Secretary shall carry out a program to
competitively award cash prizes in conformity with this
subsection to advance the research, development,
demonstration, and commercial application of hydrogen energy
technologies.
``(B) Advertising and solicitation of competitors.--
``(i) Advertising.--The Secretary shall widely advertise
prize competitions under this subsection to encourage broad
participation, including by individuals, universities
(including historically Black colleges and universities and
other minority serving institutions), and large and small
businesses (including businesses owned or controlled by
socially and economically disadvantaged persons).
``(ii) Announcement through federal register notice.--The
Secretary shall announce each prize competition under this
subsection by publishing a notice in the Federal Register.
This notice shall include essential elements of the
competition such as the subject of the competition, the
duration of the competition, the eligibility requirements for
participation in the competition, the process for
participants to register for the competition, the amount of
the prize, and the criteria for awarding the prize.
``(C) Administering the competitions.--The Secretary shall
enter into an agreement with a private, nonprofit entity to
administer the prize competitions under this subsection,
subject to the provisions of this subsection (in this
subsection referred to as the `administering entity'). The
duties of the administering entity under the agreement shall
include--
``(i) advertising prize competitions under this subsection
and their results;
``(ii) raising funds from private entities and individuals
to pay for administrative costs and to contribute to cash
prizes, including funds provided in exchange for the right to
name a prize awarded under this subsection;
``(iii) developing, in consultation with and subject to the
final approval of the Secretary, the criteria for selecting
winners in prize competitions under this subsection, based on
goals provided by the Secretary;
``(iv) determining, in consultation with the Secretary, the
appropriate amount and funding sources for each prize to be
awarded under this subsection, subject to the final approval
of the Secretary with respect to Federal funding;
``(v) providing advice and consultation to the Secretary on
the selection of judges in accordance with paragraph (2)(D),
using criteria developed in consultation with and subject to
the final approval of the Secretary; and
``(vi) protecting against the administering entity's
unauthorized use or disclosure of a registered participant's
trade secrets and confidential business information. Any
information properly identified as trade secrets or
confidential business information that is submitted by a
participant as part of a competitive program under this
subsection may be withheld from public disclosure.
``(D) Funding sources.--Prizes under this subsection shall
consist of Federal appropriated funds and any funds provided
by the administering entity (including funds raised pursuant
to subparagraph (C)(ii)) for such cash prize programs. The
Secretary may accept funds from other Federal agencies for
such cash prizes and, notwithstanding section 3302(b) of
title 31, United States Code, may use such funds for the cash
prize program under this subsection. Other than publication
of the names of prize sponsors, the Secretary may not give
any special consideration to any private sector entity or
individual in return for a donation to the Secretary or
administering entity.
``(E) Announcement of prizes.--The Secretary may not issue
a notice required by subparagraph (B)(ii) until all the funds
needed to pay out the announced amount of the prize have been
appropriated or committed in writing by the administering
entity. The Secretary may increase the amount of a prize
after an initial announcement is made under subparagraph
(B)(ii) if--
``(i) notice of the increase is provided in the same manner
as the initial notice of the prize; and
``(ii) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing
by the administering entity.
``(F) Sunset.--The authority to announce prize competitions
under this subsection shall terminate on September 30, 2018.
``(2) Prize categories.--
``(A) Categories.--The Secretary shall establish prizes
under this subsection for--
``(i) advancements in technologies, components, or systems
related to--
``(I) hydrogen production;
``(II) hydrogen storage;
``(III) hydrogen distribution; and
``(IV) hydrogen utilization;
``(ii) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at
certain levels of efficiency; and
``(iii) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed
far-reaching objective criteria, which shall include minimal
carbon emissions and which may include cost criteria designed
to facilitate the eventual market success of a winning
technology.
``(B) Awards.--
``(i) Advancements.--To the extent permitted under
paragraph (1)(E), the prizes authorized under subparagraph
(A)(i) shall be awarded biennially to the most significant
advance made in each of the four subcategories described in
subclauses (I) through (IV) of subparagraph (A)(i) since the
submission deadline of the previous prize competition in the
same category under subparagraph (A)(i) or the date of
enactment of this subsection, whichever is later, unless no
such advance is significant enough to merit an award. No one
such prize may exceed $1,000,000. If less than $4,000,000 is
available for a prize competition under subparagraph (A)(i),
the Secretary may omit one or more subcategories, reduce the
amount of the prizes, or not hold a prize competition.
``(ii) Prototypes.--To the extent permitted under paragraph
(1)(E), prizes authorized under subparagraph (A)(ii) shall be
awarded biennially in alternate years from the prizes
authorized under subparagraph (A)(i). The Secretary is
authorized to award up to one prize in this category in each
2-year period. No such prize may exceed $4,000,000. If no
registered participants meet the objective performance
criteria established pursuant to subparagraph (C) for a
competition under this clause, the Secretary shall not award
a prize.
``(iii) Transformational technologies.--To the extent
permitted under paragraph (1)(E), the Secretary shall
announce one prize competition authorized under subparagraph
(A)(iii) as soon after the date of enactment of this
subsection as is practicable. A prize offered under this
clause shall be not less than $10,000,000, paid to the winner
in a lump sum, and an additional amount paid to the winner as
a match for each dollar of private funding raised by the
winner for the hydrogen technology beginning on the date the
winner was named. The match shall be provided for 3 years
after the date the prize winner is named or until the full
amount of the prize has been paid out, whichever occurs
first. A prize winner may elect to have the match amount paid
to another entity that is continuing the development of the
winning technology. The Secretary shall announce the rules
for receiving the match in the notice required by paragraph
(1)(B)(ii). The Secretary shall award a prize under this
clause only when a registered participant has met the
objective criteria established for the prize pursuant to
subparagraph (C) and announced pursuant to paragraph
(1)(B)(ii). Not more than $10,000,000 in Federal funds may be
used for the prize award under this clause. The administering
entity shall seek to raise $40,000,000 toward the matching
award under this clause.
``(C) Criteria.--In establishing the criteria required by
this subsection, the Secretary--
``(i) shall consult with the Department's Hydrogen
Technical and Fuel Cell Advisory Committee;
``(ii) shall consult with other Federal agencies, including
the National Science Foundation; and
``(iii) may consult with other experts such as private
organizations, including professional societies, industry
associations, and the National Academy of Sciences and the
National Academy of Engineering.
``(D) Judges.--For each prize competition under this
subsection, the Secretary in consultation with the
administering entity shall assemble a panel of qualified
judges to select the winner or winners on the basis of the
criteria established under subparagraph (C). Judges for each
[[Page H16713]]
prize competition shall include individuals from outside the
Department, including from the private sector. A judge,
spouse, minor children, and members of the judge's household
may not--
``(i) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is
a registered participant in the prize competition for which
he or she will serve as a judge; or
``(ii) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
``(3) Eligibility.--To be eligible to win a prize under
this subsection, an individual or entity--
``(A) shall have complied with all the requirements in
accordance with the Federal Register notice required under
paragraph (1)(B)(ii);
``(B) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in
the United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen of, or
an alien lawfully admitted for permanent residence in, the
United States; and
``(C) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of
a national laboratory acting within the scope of his
employment.
``(4) Intellectual property.--The Federal Government shall
not, by virtue of offering or awarding a prize under this
subsection, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the
participation by a registered participant in a competition
authorized by this subsection. This paragraph shall not be
construed to prevent the Federal Government from negotiating
a license for the use of intellectual property developed for
a prize competition under this subsection.
``(5) Liability.--
``(A) Waiver of liability.--The Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims for
willful misconduct) for any injury, death, damage, or loss of
property, revenue, or profits arising from the registered
participants' participation in a competition under this
subsection. The Secretary shall give notice of any waiver
required under this subparagraph in the notice required by
paragraph (1)(B)(ii). The Secretary may not require a
registered participant to waive claims against the
administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered
participant's trade secrets or confidential business
information.
``(B) Liability insurance.--
``(i) Requirements.--Registered participants in a prize
competition under this subsection shall be required to obtain
liability insurance or demonstrate financial responsibility,
in amounts determined by the Secretary, for claims by--
``(I) a third party for death, bodily injury, or property
damage or loss resulting from an activity carried out in
connection with participation in a competition under this
subsection; and
``(II) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(ii) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under clause (i)(I),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims
for damages arising from or related to competition activities
under this subsection.
``(6) Report to congress.--Not later than 60 days after the
awarding of the first prize under this subsection, and
annually thereafter, the Secretary shall transmit to the
Congress a report that--
``(A) identifies each award recipient;
``(B) describes the technologies developed by each award
recipient; and
``(C) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this subsection.
``(7) Authorization of appropriations.--
``(A) In general.--
``(i) Awards.--There are authorized to be appropriated to
the Secretary for the period encompassing fiscal years 2008
through 2017 for carrying out this subsection--
``(I) $20,000,000 for awards described in paragraph
(2)(A)(i);
``(II) $20,000,000 for awards described in paragraph
(2)(A)(ii); and
``(III) $10,000,000 for the award described in paragraph
(2)(A)(iii).
``(ii) Administration.--In addition to the amounts
authorized in clause (i), there are authorized to be
appropriated to the Secretary for each of fiscal years 2008
and 2009 $2,000,000 for the administrative costs of carrying
out this subsection.
``(B) Carryover of funds.--Funds appropriated for prize
awards under this subsection shall remain available until
expended, and may be transferred, reprogrammed, or expended
for other purposes only after the expiration of 10 fiscal
years after the fiscal year for which the funds were
originally appropriated. No provision in this subsection
permits obligation or payment of funds in violation of
section 1341 of title 31 of the United States Code (commonly
referred to as the Anti-Deficiency Act).
``(8) Nonsubstitution.--The programs created under this
subsection shall not be considered a substitute for Federal
research and development programs.''.
SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, as part of the program carried out
under section 1008 of the Energy Policy Act of 2005 (42
U.S.C. 16396), the Secretary shall establish and award Bright
Tomorrow Lighting Prizes for solid state lighting in
accordance with this section.
(b) Prize Specifications.--
(1) 60-watt incandescent replacement lamp prize.--The
Secretary shall award a 60-Watt Incandescent Replacement Lamp
Prize to an entrant that produces a solid-state light package
simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a soft
60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum
dimensions of an A19 bulb in accordance with American
National Standards Institute standard C78.20-2003, figure
C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted quality
control lots of such units equal to or exceeding the criteria
described in subparagraphs (A) through (I).
(2) PAR type 38 halogen replacement lamp prize.--The
Secretary shall award a Parabolic Aluminized Reflector Type
38 Halogen Replacement Lamp Prize (referred to in this
section as the ``PAR Type 38 Halogen Replacement Lamp
Prize'') to an entrant that produces a solid-state-light
package simultaneously capable of--
(A) producing a luminous flux greater than or equal to
1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not
less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a PAR 38
halogen lamp;
(H) having a size and shape that fits within the maximum
dimensions of a PAR 38 halogen lamp in accordance with
American National Standards Institute standard C78-21-2003,
figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted quality
control lots of such units equal to or exceeding the criteria
described in subparagraphs (A) through (I).
(3) Twenty-first century lamp prize.--The Secretary shall
award a Twenty-First Century Lamp Prize to an entrant that
produces a solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and
3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds.--
(1) In general.--Subject to paragraph (2), and
notwithstanding section 3302 of title 31, United States Code,
the Secretary may accept, retain, and use funds contributed
by any person, government entity, or organization for
purposes of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) Prize competition.--A private source of funding may not
participate in the competition for prizes awarded under this
section.
(d) Technical Review.--The Secretary shall establish a
technical review committee composed of non-Federal officers
to review entrant data submitted under this section to
determine whether the data meets the prize specifications
described in subsection (b).
(e) Third Party Administration.--The Secretary may
competitively select a third party to administer awards under
this section.
(f) Eligibility for Prizes.--To be eligible to be awarded a
prize under this section--
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in
the United States; and
(2) in the case of an individual (whether participating as
a single individual or in a group), the individual shall be a
citizen or lawful permanent resident of the United States.
(g) Award Amounts.--Subject to the availability of funds to
carry out this section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize
described in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize
described in subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in
subsection (b)(3) shall be $5,000,000.
(h) Federal Procurement of Solid-State-Lights.--
(1) 60-watt incandescent replacement.--Subject to paragraph
(3), as soon as practicable after the successful award of the
60-Watt Incandescent Replacement Lamp Prize under subsection
(b)(1), the Secretary (in consultation with the Administrator
of General Services)
[[Page H16714]]
shall develop governmentwide Federal purchase guidelines with
a goal of replacing the use of 60-watt incandescent lamps in
Federal Government buildings with a solid-state-light package
described in subsection (b)(1) by not later than the date
that is 5 years after the date the award is made.
(2) PAR 38 halogen replacement lamp replacement.--Subject
to paragraph (3), as soon as practicable after the successful
award of the PAR Type 38 Halogen Replacement Lamp Prize under
subsection (b)(2), the Secretary (in consultation with the
Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of
replacing the use of PAR 38 halogen lamps in Federal
Government buildings with a solid-state-light package
described in subsection (b)(2) by not later than the date
that is 5 years after the date the award is made.
(3) Waivers.--
(A) In general.--The Secretary or the Administrator of
General Services may waive the application of paragraph (1)
or (2) if the Secretary or Administrator determines that the
return on investment from the purchase of a solid-state-light
package described in paragraph (1) or (2) of subsection (b),
respectively, is cost prohibitive.
(B) Report of waiver.--If the Secretary or Administrator
waives the application of paragraph (1) or (2), the Secretary
or Administrator, respectively, shall submit to Congress an
annual report that describes the waiver and provides a
detailed justification for the waiver.
(i) Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the
Administrator of General Services shall submit to the Energy
Information Agency a report describing the quantity, type,
and cost of each lighting product purchased by the Federal
Government.
(j) Bright Tomorrow Lighting Award Fund.--
(1) Establishment.--There is established in the United
States Treasury a Bright Tomorrow Lighting permanent fund
without fiscal year limitation to award prizes under
paragraphs (1), (2), and (3) of subsection (b).
(2) Sources of funding.--The fund established under
paragraph (1) shall accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 656. RENEWABLE ENERGY INNOVATION MANUFACTURING
PARTNERSHIP.
(a) Establishment.--The Secretary shall carry out a
program, to be known as the Renewable Energy Innovation
Manufacturing Partnership Program (referred to in this
section as the ``Program''), to make assistance awards to
eligible entities for use in carrying out research,
development, and demonstration relating to the manufacturing
of renewable energy technologies.
(b) Solicitation.--To carry out the Program, the Secretary
shall annually conduct a competitive solicitation for
assistance awards for an eligible project described in
subsection (e).
(c) Program Purposes.--The purposes of the Program are--
(1) to develop, or aid in the development of, advanced
manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy
technology and components; and
(3) to better coordinate Federal, State, and private
resources to meet regional and national renewable energy
goals through advanced manufacturing partnerships.
(d) Eligible Entities.--An entity shall be eligible to
receive an assistance award under the Program to carry out an
eligible project described in subsection (e) if the entity is
composed of--
(1) 1 or more public or private nonprofit institutions or
national laboratories engaged in research, development,
demonstration, or technology transfer, that would participate
substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing
or development of renewable energy system components
(including solar energy, wind energy, biomass, geothermal
energy, energy storage, or fuel cells).
(e) Eligible Projects.--An eligible entity may use an
assistance award provided under this section to carry out a
project relating to--
(1) the conduct of studies of market opportunities for
component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development,
demonstration, and deployment projects for advanced
manufacturing processes, materials, and infrastructure for
renewable energy systems; and
(3) other similar ventures, as approved by the Secretary,
that promote advanced manufacturing of renewable
technologies.
(f) Criteria and Guidelines.--The Secretary shall establish
criteria and guidelines for the submission, evaluation, and
funding of proposed projects under the Program.
(g) Cost Sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out
under this section.
(h) Disclosure.--The Secretary may, for a period of up to
five years after an award is granted under this section,
exempt from mandatory disclosure under section 552 of title
5, United States Code (popularly known as the Freedom of
Information Act) information that the Secretary determines
would be a privileged or confidential trade secret or
commercial or financial information under subsection (b)(4)
of such section if the information had been obtained from a
non-Government party.
(i) Sense of the Congress.--It is the sense of the Congress
that the Secretary should ensure that small businesses
engaged in renewable manufacturing be given priority
consideration for the assistance awards provided under this
section.
(j) Authorization of Appropriations.--There is authorized
to be appropriated out of funds already authorized to carry
out this section $25,000,000 for each of fiscal years 2008
through 2013, to remain available until expended.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy
Carbon Capture and Sequestration Research, Development, and
Demonstration Act of 2007''.
SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.
(a) Amendment.--Section 963 of the Energy Policy Act of
2005 (42 U.S.C. 16293) is amended--
(1) in the section heading, by striking ``RESEARCH AND
DEVELOPMENT'' and inserting ``AND SEQUESTRATION RESEARCH,
DEVELOPMENT, AND DEMONSTRATION'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and sequestration research, development, and
demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and sequestration
technologies related to industrial sources of carbon
dioxide'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geologic
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.'';
and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Fundamental science and engineering research and
development and demonstration supporting carbon capture and
sequestration technologies and carbon use activities.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and sequester, or use carbon dioxide to
lead to an overall reduction of carbon dioxide emissions.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities, the field testing of carbon sequestration, and
carbon use activities, including--
``(i) development of new or advanced technologies for the
capture and sequestration of carbon dioxide;
``(ii) development of new or advanced technologies that
reduce the cost and increase the efficacy of advanced
compression of carbon dioxide required for the sequestration
of carbon dioxide;
``(iii) modeling and simulation of geologic sequestration
field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies;
``(v) research and development of new and advanced
technologies for carbon use, including recycling and reuse of
carbon dioxide; and
``(vi) research and development of new and advanced
technologies for the separation of oxygen from air.
``(2) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations in a variety of
candidate geologic settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) deep saline formations;
``(v) deep geologic systems that may be used as engineered
reservoirs to extract economical quantities of heat from
geothermal resources of low permeability or porosity; and
``(vi) deep geologic systems containing basalt formations.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools, analysis,
and modeling to monitor, predict, and verify carbon dioxide
containment;
``(ii) to validate modeling of geologic formations;
``(iii) to refine sequestration capacity estimated for
particular geologic formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geologic formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, carbon dioxide
injection and sequestration in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geologic sequestration of carbon dioxide;
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
sequestration that are funded by the Department of Energy;
and
[[Page H16715]]
``(viii) to provide information to States, the
Environmental Protection Agency, and other appropriate
entities to support development of a regulatory framework for
commercial-scale sequestration operations that ensure the
protection of human health and the environment.
``(3) Large-scale carbon dioxide sequestration testing.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-scale sequestration tests, not including
the FutureGen project, for geologic containment of carbon
dioxide to collect and validate information on the cost and
feasibility of commercial deployment of technologies for
geologic containment of carbon dioxide. These 7 tests may
include any Regional Partnership projects awarded as of the
date of enactment of the Department of Energy Carbon Capture
and Sequestration Research, Development, and Demonstration
Act of 2007.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider a variety of geologic formations across the
United States, and require characterization and modeling of
candidate formations, as determined by the Secretary.
``(C) Source of carbon dioxide for large-scale
sequestration tests.--In the process of any acquisition of
carbon dioxide for sequestration tests under subparagraph
(A), the Secretary shall give preference to sources of carbon
dioxide from industrial sources. To the extent feasible, the
Secretary shall prefer tests that would facilitate the
creation of an integrated system of capture, transportation
and sequestration of carbon dioxide. The preference provided
for under this subparagraph shall not delay the
implementation of the large-scale sequestration tests under
this paragraph.
``(D) Definition.--For purposes of this paragraph, the term
`large-scale' means the injection of more than 1,000,000 tons
of carbon dioxide from industrial sources annually or a scale
that demonstrates the ability to inject and sequester several
million metric tons of industrial source carbon dioxide for a
large number of years.
``(4) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall--
``(A) give preference to proposals from partnerships among
industrial, academic, and government entities; and
``(B) require recipients to provide assurances that all
laborers and mechanics employed by contractors and
subcontractors in the construction, repair, or alteration of
new or existing facilities performed in order to carry out a
demonstration or commercial application activity authorized
under this subsection shall be paid wages at rates not less
than those prevailing on similar construction in the
locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code, and the Secretary of Labor shall, with
respect to the labor standards in this paragraph, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix)
and section 3145 of title 40, United States Code.
``(5) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost sharing requirements of section 988(b).
``(6) Program review and report.--During fiscal year 2011,
the Secretary shall--
``(A) conduct a review of programmatic activities carried
out under this subsection; and
``(B) make recommendations with respect to continuation of
the activities.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $240,000,000 for fiscal year 2008;
``(2) $240,000,000 for fiscal year 2009;
``(3) $240,000,000 for fiscal year 2010;
``(4) $240,000,000 for fiscal year 2011; and
``(5) $240,000,000 for fiscal year 2012.''.
(b) Table of Contents Amendment.--The item relating to
section 963 in the table of contents for the Energy Policy
Act of 2005 is amended to read as follows:
``Sec. 963. Carbon capture and sequestration research, development, and
demonstration program.''.
SEC. 703. CARBON CAPTURE.
(a) Program Establishment.--
(1) In general.--The Secretary shall carry out a program to
demonstrate technologies for the large-scale capture of
carbon dioxide from industrial sources. In making awards
under this program, the Secretary shall select, as
appropriate, a diversity of capture technologies to address
the need to capture carbon dioxide from a range of industrial
sources.
(2) Scope of award.--Awards under this section shall be
only for the portion of the project that--
(A) carries out the large-scale capture (including
purification and compression) of carbon dioxide from
industrial sources;
(B) provides for the transportation and injection of carbon
dioxide; and
(C) incorporates a comprehensive measurement, monitoring,
and validation program.
(3) Preferences for award.--To ensure reduced carbon
dioxide emissions, the Secretary shall take necessary actions
to provide for the integration of the program under this
paragraph with the large-scale carbon dioxide sequestration
tests described in section 963(c)(3) of the Energy Policy Act
of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of
this subtitle. These actions should not delay implementation
of these tests. The Secretary shall give priority
consideration to projects with the following characteristics:
(A) Capacity.--Projects that will capture a high percentage
of the carbon dioxide in the treated stream and large volumes
of carbon dioxide as determined by the Secretary.
(B) Sequestration.--Projects that capture carbon dioxide
from industrial sources that are near suitable geological
reservoirs and could continue sequestration including--
(i) a field testing validation activity under section 963
of the Energy Policy Act of 2005 (42 U.S.C. 16293), as
amended by this Act; or
(ii) other geologic sequestration projects approved by the
Secretary.
(4) Requirement.--For projects that generate carbon dioxide
that is to be sequestered, the carbon dioxide stream shall be
of a sufficient purity level to allow for safe transport and
sequestration.
(5) Cost-sharing.--The cost-sharing requirements of section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) for
research and development projects shall apply to this
section.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000 per year for fiscal years 2009 through 2013.
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary shall enter into an arrangement with the
National Academy of Sciences for an independent review and
oversight, beginning in 2011, of the programs under section
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16293(c)(3)), as added by section 702 of this subtitle, and
under section 703 of this subtitle, to ensure that the
benefits of such programs are maximized. Not later than
January 1, 2012, the Secretary shall transmit to the Congress
a report on the results of such review and oversight.
SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH.
(a) Study.--
(1) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences to
undertake a study that--
(A) defines an interdisciplinary program in geology,
engineering, hydrology, environmental science, and related
disciplines that will support the Nation's capability to
capture and sequester carbon dioxide from anthropogenic
sources;
(B) addresses undergraduate and graduate education,
especially to help develop graduate level programs of
research and instruction that lead to advanced degrees with
emphasis on geologic sequestration science;
(C) develops guidelines for proposals from colleges and
universities with substantial capabilities in the required
disciplines that seek to implement geologic sequestration
science programs that advance the Nation's capacity to
address carbon management through geologic sequestration
science; and
(D) outlines a budget and recommendations for how much
funding will be necessary to establish and carry out the
grant program under subsection (b).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Congress a copy of the results of the study provided by the
National Academy of Sciences under paragraph (1).
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
subsection $1,000,000 for fiscal year 2008.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a
competitive grant program through which colleges and
universities may apply for and receive 4-year grants for--
(A) salary and startup costs for newly designated faculty
positions in an integrated geologic carbon sequestration
science program; and
(B) internships for graduate students in geologic
sequestration science.
(2) Renewal.--Grants under this subsection shall be
renewable for up to 2 additional 3-year terms, based on
performance criteria, established by the National Academy of
Sciences study conducted under subsection (a), that include
the number of graduates of such programs.
(3) Interface with regional geologic carbon sequestration
partnerships.--To the greatest extent possible, geologic
carbon sequestration science programs supported under this
subsection shall interface with the research of the Regional
Carbon Sequestration Partnerships operated by the Department
to provide internships and practical training in carbon
capture and geologic sequestration.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
subsection such sums as may be necessary.
SEC. 706. RELATION TO SAFE DRINKING WATER ACT.
The injection and geologic sequestration of carbon dioxide
pursuant to this subtitle and the amendments made by this
subtitle shall be subject to the requirements of the Safe
Drinking Water Act (42 U.S.C. 300f et seq.), including the
provisions of part C of such Act (42 U.S.C. 300h et seq.;
relating to protection of underground sources of drinking
water). Nothing in this subtitle and the amendments made by
this subtitle imposes or authorizes the promulgation of any
requirement that is inconsistent or in conflict with the
requirements of the Safe Drinking Water Act (42 U.S.C. 300f
et seq.) or regulations thereunder.
SEC. 707. SAFETY RESEARCH.
(a) Program.--The Administrator of the Environmental
Protection Agency shall conduct a research program to address
public health, safety, and environmental impacts that may be
associated with capture, injection, and sequestration of
greenhouse gases in geologic reservoirs.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out this section $5,000,000
for each fiscal year.
SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.
(a) Establishment.--The Secretary, in consultation with
other appropriate agencies, shall
[[Page H16716]]
establish a university based research and development program
to study carbon capture and sequestration using the various
types of coal.
(b) Rural and Agricultural Institutions.--The Secretary
shall give special consideration to rural or agricultural
based institutions in areas that have regional sources of
coal and that offer interdisciplinary programs in the area of
environmental science to study carbon capture and
sequestration.
(c) Authorization of Appropriations.--There are to be
authorized to be appropriated $10,000,000 to carry out this
section.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT.
(a) Definitions.--In this section
(1) Assessment.--The term ``assessment'' means the national
assessment of onshore capacity for carbon dioxide completed
under subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
sequestration formation that can retain carbon dioxide in
accordance with the requirements (including physical,
geological, and economic requirements) established under the
methodology developed under subsection (b).
(3) Engineered hazard.--The term ``engineered hazard''
includes the location and completion history of any well that
could affect potential sequestration.
(4) Risk.--The term ``risk'' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(6) Sequestration formation.--The term ``sequestration
formation'' means a deep saline formation, unmineable coal
seam, or oil or gas reservoir that is capable of
accommodating a volume of industrial carbon dioxide.
(b) Methodology.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting an assessment under subsection
(f), taking into consideration--
(1) the geographical extent of all potential sequestration
formations in all States;
(2) the capacity of the potential sequestration formations;
(3) the injectivity of the potential sequestration
formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and sequestration of industrial
carbon dioxide in potential sequestration formations;
(5) the risk associated with the potential sequestration
formations; and
(6) the work done to develop the Carbon Sequestration Atlas
of the United States and Canada that was completed by the
Department.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data sharing,
format, development of the methodology, and content of the
assessment required under this section to ensure the maximum
usefulness and success of the assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to
ensure, to the maximum extent practicable, the usefulness and
success of the assessment.
(d) External Review and Publication.--On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection
(b) composed, as appropriate, of representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and
international geoscience organizations to review the
methodology and comments received under paragraph (1); and
(3) on completion of the review under paragraph (2),
publish in the Federal Register the revised final
methodology.
(e) Periodic Updates.--The methodology developed under this
section shall be updated periodically (including at least
once every 5 years) to incorporate new data as the data
becomes available.
(f) National Assessment.--
(1) In general.--Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national
assessment of capacity for carbon dioxide in accordance with
the methodology.
(2) Geological verification.--As part of the assessment
under this subsection, the Secretary shall carry out a
drilling program to supplement the geological data relevant
to determining sequestration capacity of carbon dioxide in
geological sequestration formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) Partnership with other drilling programs.--As part of
the drilling program under paragraph (2), the Secretary shall
enter, as appropriate, into partnerships with other entities
to collect and integrate data from other drilling programs
relevant to the sequestration of carbon dioxide in geological
formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment, the
Secretary of Energy and the Secretary of the Interior shall
incorporate the results of the assessment using--
(i) the NatCarb database, to the maximum extent
practicable; or
(ii) a new database developed by the Secretary of Energy,
as the Secretary of Energy determines to be necessary.
(B) Ranking.--The database shall include the data necessary
to rank potential sequestration sites for capacity and risk,
across the United States, within each State, by formation,
and within each basin.
(5) Report.--Not later than 180 days after the date on
which the assessment is completed, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report describing the findings under the
assessment.
(6) Periodic updates.--The national assessment developed
under this section shall be updated periodically (including
at least once every 5 years) to support public and private
sector decisionmaking.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
the period of fiscal years 2008 through 2012.
SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND
NITROUS OXIDE EMISSIONS FROM ECOSYSTEMS.
(a) Definitions.--In this section:
(1) Adaptation strategy.--The term ``adaptation strategy''
means a land use and management strategy that can be used--
(A) to increase the sequestration capabilities of covered
greenhouse gases of any ecosystem; or
(B) to reduce the emissions of covered greenhouse gases
from any ecosystem.
(2) Assessment.--The term ``assessment'' means the national
assessment authorized under subsection (b).
(3) Covered greenhouse gas.--The term ``covered greenhouse
gas'' means carbon dioxide, nitrous oxide, and methane gas.
(4) Ecosystem.--The term ``ecosystem'' means any
terrestrial, freshwater aquatic, or coastal ecosystem,
including an estuary.
(5) Native plant species.--The term ``native plant
species'' means any noninvasive, naturally occurring plant
species within an ecosystem.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization of Assessment.--Not later than 2 years
after the date on which the final methodology is published
under subsection (f)(3)(D), the Secretary shall complete a
national assessment of--
(1) the quantity of carbon stored in and released from
ecosystems, including from man-caused and natural fires; and
(2) the annual flux of covered greenhouse gases in and out
of ecosystems.
(c) Components.--In conducting the assessment under
subsection (b), the Secretary shall--
(1) determine the processes that control the flux of
covered greenhouse gases in and out of each ecosystem;
(2) estimate the potential for increasing carbon
sequestration in natural and managed ecosystems through
management activities or restoration activities in each
ecosystem;
(3) develop near-term and long-term adaptation strategies
or mitigation strategies that can be employed--
(A) to enhance the sequestration of carbon in each
ecosystem;
(B) to reduce emissions of covered greenhouse gases from
ecosystems; and
(C) to adapt to climate change; and
(4) estimate the annual carbon sequestration capacity of
ecosystems under a range of policies in support of management
activities to optimize sequestration.
(d) Use of Native Plant Species.--In developing restoration
activities under subsection (c)(2) and management strategies
and adaptation strategies under subsection (c)(3), the
Secretary shall emphasize the use of native plant species
(including mixtures of many native plant species) for
sequestering covered greenhouse gas in each ecosystem.
(e) Consultation.--
(1) In general.--In conducting the assessment under
subsection (b) and developing the methodology under
subsection (f), the Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of Agriculture;
(C) the Administrator of the Environmental Protection
Agency;
(D) the Secretary of Commerce, acting through the Under
Secretary for Oceans and Atmosphere; and
(E) the heads of other relevant agencies.
(2) Ocean and coastal ecosystems.--In carrying out this
section with respect to ocean and coastal ecosystems
(including estuaries), the Secretary shall work jointly with
the Secretary of Commerce, acting through the Under Secretary
for Oceans and Atmosphere.
(f) Methodology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting the assessment.
(2) Requirements.--The methodology developed under
paragraph (1)--
(A) shall--
(i) determine the method for measuring, monitoring, and
quantifying covered greenhouse gas emissions and reductions;
(ii) estimate the total capacity of each ecosystem to
sequester carbon; and
(iii) estimate the ability of each ecosystem to reduce
emissions of covered greenhouse gases through management
practices; and
[[Page H16717]]
(B) may employ economic and other systems models, analyses,
and estimates, to be developed in consultation with each of
the individuals described in subsection (e).
(3) External review and publication.--On completion of a
proposed methodology, the Secretary shall--
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the final
methodology is published, solicit comments from--
(i) the public; and
(ii) heads of affected Federal and State agencies;
(C) establish a panel to review the proposed methodology
published under subparagraph (A) and any comments received
under subparagraph (B), to be composed of members--
(i) with expertise in the matters described in subsections
(c) and (d); and
(ii) that are, as appropriate, representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and
international organizations; and
(D) on completion of the review under subparagraph (C),
publish in the Federal register the revised final
methodology.
(g) Estimate; Review.--The Secretary shall--
(1) based on the assessment, prescribe the data,
information, and analysis needed to establish a
scientifically sound estimate of the carbon sequestration
capacity of relevant ecosystems; and
(2) not later than 180 days after the date on which the
assessment is completed, submit to the heads of applicable
Federal agencies and the appropriate committees of Congress a
report that describes the results of the assessment.
(h) Data and Report Availability.--On completion of the
assessment, the Secretary shall incorporate the results of
the assessment into a web-accessible database for public use.
(i) Authorization.--There is authorized to be appropriated
to carry out this section $20,000,000 for the period of
fiscal years 2008 through 2012.
SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C.
15910) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Records and Inventory.--The Secretary of the
Interior, acting through the Bureau of Land Management, shall
maintain records on, and an inventory of, the quantity of
carbon dioxide stored within Federal mineral leaseholds.''.
SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON
PUBLIC LAND.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on a recommended framework
for managing geological carbon sequestration activities on
public land.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) Recommended criteria for identifying candidate
geological sequestration sites in each of the following types
of geological settings:
(A) Operating oil and gas fields.
(B) Depleted oil and gas fields.
(C) Unmineable coal seams.
(D) Deep saline formations.
(E) Deep geological systems that may be used as engineered
reservoirs to extract economical quantities of heat from
geothermal resources of low permeability or porosity.
(F) Deep geological systems containing basalt formations.
(G) Coalbeds being used for methane recovery.
(2) A proposed regulatory framework for the leasing of
public land or an interest in public land for the long-term
geological sequestration of carbon dioxide, which includes an
assessment of options to ensure that the United States
receives fair market value for the use of public land or an
interest in public land for geological sequestration.
(3) A proposed procedure for ensuring that any geological
carbon sequestration activities on public land--
(A) provide for public review and comment from all
interested persons; and
(B) protect the quality of natural and cultural resources
of the public land overlaying a geological sequestration
site.
(4) A description of the status of Federal leasehold or
Federal mineral estate liability issues related to the
geological subsurface trespass of or caused by carbon dioxide
stored in public land, including any relevant experience from
enhanced oil recovery using carbon dioxide on public land.
(5) Recommendations for additional legislation that may be
required to ensure that public land management and leasing
laws are adequate to accommodate the long-term geological
sequestration of carbon dioxide.
(6) An identification of the legal and regulatory issues
specific to carbon dioxide sequestration on land in cases in
which title to mineral resources is held by the United States
but title to the surface estate is not held by the United
States.
(7)(A) An identification of the issues specific to the
issuance of pipeline rights-of-way on public land under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) for natural or anthropogenic carbon dioxide.
(B) Recommendations for additional legislation that may be
required to clarify the appropriate framework for issuing
rights-of-way for carbon dioxide pipelines on public land.
(c) Consultation With Other Agencies.--In preparing the
report under this section, the Secretary of the Interior
shall coordinate with--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Energy; and
(3) the heads of other appropriate agencies.
(d) Compliance With Safe Drinking Water Act.--The Secretary
shall ensure that all recommendations developed under this
section are in compliance with all Federal environmental
laws, including the Safe Drinking Water Act (42 U.S.C. 300f
et seq.) and regulations under that Act.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
SEC. 801. NATIONAL MEDIA CAMPAIGN.
(a) In General.--The Secretary, acting through the
Assistant Secretary for Energy Efficiency and Renewable
Energy (referred to in this section as the ``Secretary''),
shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of
the United States during the 10-year period beginning on the
date of enactment of this Act;
(2) to promote the national security benefits associated
with increased energy efficiency; and
(3) to decrease oil consumption in the United States during
the 10-year period beginning on the date of enactment of this
Act.
(b) Contract With Entity.--The Secretary shall carry out
subsection (a) directly or through--
(1) competitively bid contracts with 1 or more nationally
recognized media firms for the development and distribution
of monthly television, radio, and newspaper public service
announcements; or
(2) collective agreements with 1 or more nationally
recognized institutes, businesses, or nonprofit organizations
for the funding, development, and distribution of monthly
television, radio, and newspaper public service
announcements.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section shall be used for--
(A) advertising costs, including--
(i) the purchase of media time and space;
(ii) creative and talent costs;
(iii) testing and evaluation of advertising; and
(iv) evaluation of the effectiveness of the media campaign;
and
(B) administrative costs, including operational and
management expenses.
(2) Limitations.--In carrying out this section, the
Secretary shall allocate not less than 85 percent of funds
made available under subsection (e) for each fiscal year for
the advertising functions specified under paragraph (1)(A).
(d) Reports.--The Secretary shall annually submit to
Congress a report that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the campaign were accomplished,
including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration of whether the
media campaign contributed to reduction of energy
consumption;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising
time and space and eliminate the potential for waste, fraud,
and abuse; and
(5) all contracts or cooperative agreements entered into
with a corporation, partnership, or individual working on
behalf of the national media campaign.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years
2008 through 2012.
(2) Decreased oil consumption.--The Secretary shall use not
less than 50 percent of the amount that is made available
under this section for each fiscal year to develop and
conduct a national media campaign to decrease oil consumption
in the United States over the next decade.
SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION.
Section 106 of the Alaska Natural Gas Pipeline Act (15
U.S.C. 720d) is amended by adding at the end the following:
``(h) Administration.--
``(1) Personnel appointments.--
``(A) In general.--The Federal Coordinator may appoint and
terminate such personnel as the Federal Coordinator
determines to be appropriate.
``(B) Authority of federal coordinator.--Personnel
appointed by the Federal Coordinator under subparagraph (A)
shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service.
``(2) Compensation.--
``(A) In general.--Subject to subparagraph (B), personnel
appointed by the Federal Coordinator under paragraph (1)(A)
shall be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code (relating to classification and General Schedule pay
rates).
``(B) Maximum level of compensation.--The rate of pay for
personnel appointed by the Federal Coordinator under
paragraph (1)(A) shall not exceed the maximum level of rate
payable for level III of the Executive Schedule (5 U.S.C.
5314).
``(C) Allowances.--Section 5941 of title 5, United States
Code, shall apply to personnel appointed by the Federal
Coordinator under paragraph (1)(A).
[[Page H16718]]
``(3) Temporary services.--
``(A) In general.--The Federal Coordinator may procure
temporary and intermittent services in accordance with
section 3109(b) of title 5, United States Code.
``(B) Maximum level of compensation.--The level of
compensation of an individual employed on a temporary or
intermittent basis under subparagraph (A) shall not exceed
the maximum level of rate payable for level III of the
Executive Schedule (5 U.S.C. 5314).
``(4) Fees, charges, and commissions.--
``(A) In general.--With respect to the duties of the
Federal Coordinator, as described in this Act, the Federal
Coordinator shall have similar authority to establish,
change, and abolish reasonable filing and service fees,
charges, and commissions, require deposits of payments, and
provide refunds as provided to the Secretary of the Interior
in section 304 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1734).
``(B) Authority of secretary of the interior.--Subparagraph
(A) shall not affect the authority of the Secretary of the
Interior to establish, change, and abolish reasonable filing
and service fees, charges, and commissions, require deposits
of payments, and provide refunds under section 304 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1734).
``(C) Use of funds.--The Federal Coordinator is authorized
to use, without further appropriation, amounts collected
under subparagraph (A) to carry out this section.''.
SEC. 803. RENEWABLE ENERGY DEPLOYMENT.
(a) Definitions.--In this section:
(1) Alaska small hydroelectric power.--The term ``Alaska
small hydroelectric power'' means power that--
(A) is generated--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water; and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion; and
(B) has a nameplate capacity rating of a wattage that is
not more than 15 megawatts.
(2) Eligible applicant.--The term ``eligible applicant''
means any--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(3) Ocean energy.--
(A) Inclusions.--The term ``ocean energy'' includes
current, wave, and tidal energy.
(B) Exclusion.--The term ``ocean energy'' excludes thermal
energy.
(4) Renewable energy project.--The term ``renewable energy
project'' means a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants.--
(1) In general.--The Secretary shall use amounts
appropriated under this section to make grants for use in
carrying out renewable energy projects.
(2) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall set forth criteria
for use in awarding grants under this section.
(3) Application.--To receive a grant from the Secretary
under paragraph (1), an eligible applicant shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a grant under this
section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States
Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(4) Non-federal share.--Each eligible applicant that
receives a grant under this subsection shall contribute to
the total cost of the renewable energy project constructed by
the eligible applicant an amount not less than 50 percent of
the total cost of the project.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this section.
SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Planned refinery outage.--
(A) In general.--The term ``planned refinery outage'' means
a removal, scheduled before the date on which the removal
occurs, of a refinery, or any unit of a refinery, from
service for maintenance, repair, or modification.
(B) Exclusion.--The term ``planned refinery outage'' does
not include any necessary and unplanned removal of a
refinery, or any unit of a refinery, from service as a result
of a component failure, safety hazard, emergency, or action
reasonably anticipated to be necessary to prevent such
events.
(3) Refined petroleum product.--The term ``refined
petroleum product'' means any gasoline, diesel fuel, fuel
oil, lubricating oil, liquid petroleum gas, or other
petroleum distillate that is produced through the refining or
processing of crude oil or an oil derived from tar sands,
shale, or coal.
(4) Refinery.--The term ``refinery'' means a facility used
in the production of a refined petroleum product through
distillation, cracking, or any other process.
(b) Review and Analysis of Available Information.--The
Administrator shall, on an ongoing basis--
(1) review information on refinery outages that is
available from commercial reporting services;
(2) analyze that information to determine whether the
scheduling of a refinery outage may nationally or regionally
substantially affect the price or supply of any refined
petroleum product by--
(A) decreasing the production of the refined petroleum
product; and
(B) causing or contributing to a retail or wholesale supply
shortage or disruption;
(3) not less frequently than twice each year, submit to the
Secretary a report describing the results of the review and
analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any refinery outage
that the Administrator determines may nationally or
regionally substantially affect the price or supply of a
refined petroleum product.
(c) Action by Secretary.--On a determination by the
Secretary, based on a report or alert under paragraph (3) or
(4) of subsection (b), that a refinery outage may affect the
price or supply of a refined petroleum product, the Secretary
shall make available to refinery operators information on
planned refinery outages to encourage reductions of the
quantity of refinery capacity that is out of service at any
time.
(d) Limitation.--Nothing in this section shall alter any
existing legal obligation or responsibility of a refinery
operator, or create any legal right of action, nor shall this
section authorize the Secretary--
(1) to prohibit a refinery operator from conducting a
planned refinery outage; or
(2) to require a refinery operator to continue to operate a
refinery.
SEC. 805. ASSESSMENT OF RESOURCES.
(a) 5-Year Plan.--
(1) Establishment.--The Administrator of the Energy
Information Administration (referred to in this section as
the ``Administrator'') shall establish a 5-year plan to
enhance the quality and scope of the data collection
necessary to ensure the scope, accuracy, and timeliness of
the information needed for efficient functioning of energy
markets and related financial operations.
(2) Requirement.--In establishing the plan under paragraph
(1), the Administrator shall pay particular attention to--
(A) data series terminated because of budget constraints;
(B) data on demand response;
(C) timely data series of State-level information;
(D) improvements in the area of oil and gas data;
(E) improvements in data on solid byproducts from coal-
based energy-producing facilities; and
(F) the ability to meet applicable deadlines under Federal
law (including regulations) to provide data required by
Congress.
(b) Submission to Congress.--The Administrator shall submit
to Congress the plan established under subsection (a),
including a description of any improvements needed to enhance
the ability of the Administrator to collect and process
energy information in a manner consistent with the needs of
energy markets.
(c) Guidelines.--
(1) In general.--The Administrator shall--
(A) establish guidelines to ensure the quality,
comparability, and scope of State energy data, including data
on energy production and consumption by product and sector
and renewable and alternative sources, required to provide a
comprehensive, accurate energy profile at the State level;
(B) share company-level data collected at the State level
with each State involved, in a manner consistent with the
legal authorities, confidentiality protections, and stated
uses in effect at the time the data were collected, subject
to the condition that the State shall agree to reasonable
requirements for use of the data, as the Administrator may
require;
(C) assess any existing gaps in data obtained and compiled
by the Energy Information Administration; and
(D) evaluate the most cost-effective ways to address any
data quality and quantity issues in conjunction with State
officials.
(2) Consultation.--The Administrator shall consult with
State officials and the Federal Energy Regulatory Commission
on a regular basis in--
(A) establishing guidelines and determining the scope of
State-level data under paragraph (1); and
(B) exploring ways to address data needs and serve data
uses.
(d) Assessment of State Data Needs.--Not later than 1 year
after the date of enactment of this Act, the Administrator
shall submit to Congress an assessment of State-level data
needs, including a plan to address the needs.
(e) Authorization of Appropriations.--In addition to any
other amounts made available to the Administrator, there are
authorized to be
[[Page H16719]]
appropriated to the Administrator to carry out this section--
(1) $10,000,000 for fiscal year 2008;
(2) $10,000,000 for fiscal year 2009;
(3) $10,000,000 for fiscal year 2010;
(4) $15,000,000 for fiscal year 2011;
(5) $20,000,000 for fiscal year 2012; and
(6) such sums as are necessary for subsequent fiscal years.
SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE
RESOURCES TO GENERATE ENERGY.
(a) Findings.--Congress finds that--
(1) the United States has a quantity of renewable energy
resources that is sufficient to supply a significant portion
of the energy needs of the United States;
(2) the agricultural, forestry, and working land of the
United States can help ensure a sustainable domestic energy
system;
(3) accelerated development and use of renewable energy
technologies provide numerous benefits to the United States,
including improved national security, improved balance of
payments, healthier rural economies, improved environmental
quality, and abundant, reliable, and affordable energy for
all citizens of the United States;
(4) the production of transportation fuels from renewable
energy would help the United States meet rapidly growing
domestic and global energy demands, reduce the dependence of
the United States on energy imported from volatile regions of
the world that are politically unstable, stabilize the cost
and availability of energy, and safeguard the economy and
security of the United States;
(5) increased energy production from domestic renewable
resources would attract substantial new investments in energy
infrastructure, create economic growth, develop new jobs for
the citizens of the United States, and increase the income
for farm, ranch, and forestry jobs in the rural regions of
the United States;
(6) increased use of renewable energy is practical and can
be cost effective with the implementation of supportive
policies and proper incentives to stimulate markets and
infrastructure; and
(7) public policies aimed at enhancing renewable energy
production and accelerating technological improvements will
further reduce energy costs over time and increase market
demand.
(b) Sense of Congress.--It is the sense of Congress that it
is the goal of the United States that, not later than January
1, 2025, the agricultural, forestry, and working land of the
United States should--
(1) provide from renewable resources not less than 25
percent of the total energy consumed in the United States;
and
(2) continue to produce safe, abundant, and affordable
food, feed, and fiber.
SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, AND
PRIORITY ACTIVITIES.
(a) In General.--Not later than January 1, 2012, the
Secretary of the Interior, acting through the Director of the
United States Geological Survey, shall--
(1) complete a comprehensive nationwide geothermal resource
assessment that examines the full range of geothermal
resources in the United States; and
(2) submit to the the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report describing the
results of the assessment.
(b) Periodic Updates.--At least once every 10 years, the
Secretary shall update the national assessment required under
this section to support public and private sector
decisionmaking.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Interior to carry
out this section--
(1) $15,000,000 for each of fiscal years 2008 through 2012;
and
(2) such sums as are necessary for each of fiscal years
2013 through 2022.
Subtitle B--Prohibitions on Market Manipulation and False Information
SEC. 811. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to
use or employ, in connection with the purchase or sale of
crude oil gasoline or petroleum distillates at wholesale, any
manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Federal
Trade Commission may prescribe as necessary or appropriate in
the public interest or for the protection of United States
citizens.
SEC. 812. PROHIBITION ON FALSE INFORMATION.
It is unlawful for any person to report information related
to the wholesale price of crude oil gasoline or petroleum
distillates to a Federal department or agency if--
(1) the person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by the department or agency for
statistical or analytical purposes with respect to the market
for crude oil, gasoline, or petroleum distillates.
SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This subtitle shall be enforced by the
Federal Trade Commission in the same manner, by the same
means, and with the same jurisdiction as though all
applicable terms of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this subtitle.
(b) Violation Is Treated as Unfair or Deceptive Act or
Practice.--The violation of any provision of this subtitle
shall be treated as an unfair or deceptive act or practice
proscribed under a rule issued under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
SEC. 814. PENALTIES.
(a) Civil Penalty.--In addition to any penalty applicable
under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), any supplier that violates section 811 or 812 shall be
punishable by a civil penalty of not more than $1,000,000.
(b) Method.--The penalties provided by subsection (a) shall
be obtained in the same manner as civil penalties imposed
under section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
(c) Multiple Offenses; Mitigating Factors.--In assessing
the penalty provided by subsection (a)--
(1) each day of a continuing violation shall be considered
a separate violation; and
(2) the court shall take into consideration, among other
factors--
(A) the seriousness of the violation; and
(B) the efforts of the person committing the violation to
remedy the harm caused by the violation in a timely manner.
SEC. 815. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission.--Nothing in this
subtitle limits or affects the authority of the Federal Trade
Commission to bring an enforcement action or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41
et seq.) or any other provision of law.
(b) Antitrust Law.--Nothing in this subtitle shall be
construed to modify, impair, or supersede the operation of
any of the antitrust laws. For purposes of this subsection,
the term ``antitrust laws'' shall have the meaning given it
in subsection (a) of the first section of the Clayton Act (15
U.S.C. 12), except that it includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent that such
section 5 applies to unfair methods of competition.
(c) State Law.--Nothing in this subtitle preempts any State
law.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
SEC. 901. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Energy and Natural Resources, the Committee on Environment
and Public Works of the Senate, and the Committee on
Commerce, Science, and Transportation.
(2) Clean and efficient energy technology.--The term
``clean and efficient energy technology'' means an energy
supply or end-use technology that, compared to a similar
technology already in widespread commercial use in a
recipient country, will--
(A) reduce emissions of greenhouse gases; or
(B)(i) increase efficiency of energy production; or
(ii) decrease intensity of energy usage.
(3) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
Subtitle A--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.
(a) Assistance Authorized.--The Administrator of the United
States Agency for International Development shall support
policies and programs in developing countries that promote
clean and efficient energy technologies--
(1) to produce the necessary market conditions for the
private sector delivery of energy and environmental
management services;
(2) to create an environment that is conducive to accepting
clean and efficient energy technologies that support the
overall purpose of reducing greenhouse gas emissions,
including--
(A) improving policy, legal, and regulatory frameworks;
(B) increasing institutional abilities to provide energy
and environmental management services; and
(C) increasing public awareness and participation in the
decision-making of delivering energy and environmental
management services; and
(3) to promote the use of American-made clean and efficient
energy technologies, products, and energy and environmental
management services.
(b) Report.--The Administrator of the United States Agency
for International Development shall submit to the appropriate
congressional committees an annual report on the
implementation of this section for each of the fiscal years
2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Administrator of the United States Agency for International
Development $200,000,000 for each of the fiscal years 2008
through 2012.
SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR
INDIA, CHINA, AND OTHER COUNTRIES.
(a) Assistance Authorized.--The Secretary of Commerce shall
direct the United States and Foreign Commercial Service to
expand or create a corps of the Foreign Commercial Service
officers to promote United States exports in clean and
efficient energy technologies and build the capacity of
government officials in India, China, and any other country
the Secretary of
[[Page H16720]]
Commerce determines appropriate, to become more familiar with
the available technologies--
(1) by assigning or training Foreign Commercial Service
attaches, who have expertise in clean and efficient energy
technologies from the United States, to embark on business
development and outreach efforts to such countries; and
(2) by deploying the attaches described in paragraph (1) to
educate provincial, state, and local government officials in
such countries on the variety of United States-based
technologies in clean and efficient energy technologies for
the purposes of promoting United States exports and reducing
global greenhouse gas emissions.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years
2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce such sums as may be necessary for each
of the fiscal years 2008 through 2012.
SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE
SECTOR TRADE AND INVESTMENT.
(a) Assistance Authorized.--The Secretary of Commerce shall
direct the International Trade Administration to expand or
create trade missions to and from the United States to
encourage private sector trade and investment in clean and
efficient energy technologies--
(1) by organizing and facilitating trade missions to
foreign countries and by matching United States private
sector companies with opportunities in foreign markets so
that clean and efficient energy technologies can help to
combat increases in global greenhouse gas emissions; and
(2) by creating reverse trade missions in which the
Department of Commerce facilitates the meeting of foreign
private and public sector organizations with private sector
companies in the United States for the purpose of showcasing
clean and efficient energy technologies in use or in
development that could be exported to other countries.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years
2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce such sums as may be necessary for each
of the fiscal years 2008 through 2012.
SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Sense of Congress.--It is the sense of Congress that
the Overseas Private Investment Corporation should promote
greater investment in clean and efficient energy technologies
by--
(1) proactively reaching out to United States companies
that are interested in investing in clean and efficient
energy technologies in countries that are significant
contributors to global greenhouse gas emissions;
(2) giving preferential treatment to the evaluation and
awarding of projects that involve the investment or
utilization of clean and efficient energy technologies; and
(3) providing greater flexibility in supporting projects
that involve the investment or utilization of clean and
efficient energy technologies, including financing,
insurance, and other assistance.
(b) Report.--The Overseas Private Investment Corporation
shall include in its annual report required under section
240A of the Foreign Assistance Act of 1961 (22 U.S.C.
2200a)--
(1) a description of the activities carried out to
implement this section; or
(2) if the Corporation did not carry out any activities to
implement this section, an explanation of the reasons
therefor.
SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT
AGENCY.
(a) Assistance Authorized.--The Director of the Trade and
Development Agency shall establish or support policies that--
(1) proactively seek opportunities to fund projects that
involve the utilization of clean and efficient energy
technologies, including in trade capacity building and
capital investment projects;
(2) where appropriate, advance the utilization of clean and
efficient energy technologies, particularly to countries that
have the potential for significant reduction in greenhouse
gas emissions; and
(3) recruit and retain individuals with appropriate
expertise or experience in clean, renewable, and efficient
energy technologies to identify and evaluate opportunities
for projects that involve clean and efficient energy
technologies and services.
(b) Report.--The President shall include in the annual
report on the activities of the Trade and Development Agency
required under section 661(d) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2421(d)) a description of the activities
carried out to implement this section.
SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT
ENERGY TECHNOLOGIES AND INVESTMENT IN GLOBAL
ENERGY MARKETS.
(a) Task Force.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the President shall establish a
Task Force on International Cooperation for Clean and
Efficient Energy Technologies (in this section referred to as
the ``Task Force'').
(2) Composition.--The Task Force shall be composed of
representatives, appointed by the head of the respective
Federal department or agency, of--
(A) the Council on Environmental Quality;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Department of the Treasury;
(E) the Department of State;
(F) the Environmental Protection Agency;
(G) the United States Agency for International Development;
(H) the Export-Import Bank of the United States;
(I) the Overseas Private Investment Corporation:
(J) the Trade and Development Agency;
(K) the Small Business Administration;
(L) the Office of the United States Trade Representative;
and
(M) other Federal departments and agencies, as determined
by the President.
(3) Chairperson.--The President shall designate a
Chairperson or Co-Chairpersons of the Task Force.
(4) Duties.--The Task Force--
(A) shall develop and assist in the implementation of the
strategy required under subsection (c); and
(B)(i) shall analyze technology, policy, and market
opportunities for the development, demonstration, and
deployment of clean and efficient energy technologies on an
international basis; and
(ii) shall examine relevant trade, tax, finance,
international, and other policy issues to assess which
policies, in the United States and in developing countries,
would help open markets and improve the export of clean and
efficient energy technologies from the United States.
(5) Termination.--The Task Force, including any working
group established by the Task Force pursuant to subsection
(b), shall terminate 12 years after the date of the enactment
of this Act.
(b) Working Groups.--
(1) Establishment.--The Task Force--
(A) shall establish an Interagency Working Group on the
Export of Clean and Efficient Energy Technologies (in this
section referred to as the ``Interagency Working Group'');
and
(B) may establish other working groups as may be necessary
to carry out this section.
(2) Composition.--The Interagency Working Group shall be
composed of--
(A) the Secretary of Energy, the Secretary of Commerce, and
the Secretary of State, who shall serve as Co-Chairpersons of
the Interagency Working Group; and
(B) other members, as determined by the Chairperson or Co-
Chairpersons of the Task Force.
(3) Duties.--The Interagency Working Group shall coordinate
the resources and relevant programs of the Department of
Energy, the Department of Commerce, the Department of State,
and other relevant Federal departments and agencies to
support the export of clean and efficient energy technologies
developed or demonstrated in the United States to other
countries and the deployment of such clean and efficient
energy technologies in such other countries.
(4) Interagency center.--The Interagency Working Group--
(A) shall establish an Interagency Center on the Export of
Clean and Efficient Energy Technologies (in this section
referred to as the ``Interagency Center'') to assist the
Interagency Working Group in carrying out its duties required
under paragraph (3); and
(B) shall locate the Interagency Center at a site agreed
upon by the Co-Chairpersons of the Interagency Working Group,
with the approval of Chairperson or Co-Chairpersons of the
Task Force.
(c) Strategy.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Task Force shall develop and
submit to the President and the appropriate congressional
committees a strategy to--
(A) support the development and implementation of programs,
policies, and initiatives in developing countries to promote
the adoption and deployment of clean and efficient energy
technologies, with an emphasis on those developing countries
that are expected to experience the most significant growth
in energy production and use over the next 20 years;
(B) open and expand clean and efficient energy technology
markets and facilitate the export of clean and efficient
energy technologies to developing countries, in a manner
consistent with United States obligations as member of the
World Trade Organization;
(C) integrate into the foreign policy objectives of the
United States the promotion of--
(i) the deployment of clean and efficient energy
technologies and the reduction of greenhouse gas emissions in
developing countries; and
(ii) the export of clean and efficient energy technologies;
and
(D) develop financial mechanisms and instruments, including
securities that mitigate the political and foreign exchange
risks of uses that are consistent with the foreign policy
objectives of the United States by combining the private
sector market and government enhancements, that--
(i) are cost-effective; and
(ii) facilitate private capital investment in clean and
efficient energy technology projects in developing countries.
(2) Updates.--Not later than 3 years after the date of
submission of the strategy under paragraph (1), and every 3
years thereafter, the Task Force shall update the strategy in
accordance with the requirements of paragraph (1).
(d) Report.--
(1) In general.--Not later than 3 years after the date of
submission of the strategy under subsection (c)(1), and every
3 years thereafter, the President shall transmit to the
appropriate congressional committees a report on the
implementation of this section for the prior 3-year period.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
[[Page H16721]]
(A) The update of the strategy required under subsection
(c)(2) and a description of the actions taken by the Task
Force to assist in the implementation of the strategy.
(B) A description of actions taken by the Task Force to
carry out the duties required under subsection (a)(4)(B).
(C) A description of assistance provided under this
section.
(D) The results of programs, projects, and activities
carried out under this section.
(E) A description of priorities for promoting the diffusion
and adoption of clean and efficient energy technologies and
strategies in developing countries, taking into account
economic and security interests of the United States and
opportunities for the export of technology of the United
States.
(F) Recommendations to the heads of appropriate Federal
departments and agencies on methods to streamline Federal
programs and policies to improve the role of such Federal
departments and agencies in the development, demonstration,
and deployment of clean and efficient energy technologies on
an international basis.
(G) Strategies to integrate representatives of the private
sector and other interested groups on the export and
deployment of clean and efficient energy technologies.
(H) A description of programs to disseminate information to
the private sector and the public on clean and efficient
energy technologies and opportunities to transfer such clean
and efficient energy technologies.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 through 2020.
SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Congress finds that--
(1) it is in the highest national security interests of the
United States to develop renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science Foundation;
and
(B) the United States-Israel Binational Industrial Research
and Development Foundation;
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy (referred
to in this section as the ``Secretary'') and the Israeli
Minister of Energy and Infrastructure signed an agreement to
establish a framework for collaboration between the United
States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of renewable energy
sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
renewable energy sources would be in the national interests
of both countries.
(b) Grant Program.--
(1) Establishment.--In implementing the agreement entitled
the ``Agreement between the Department of Energy of the
United States of America and the Ministry of Energy and
Infrastructure of Israel Concerning Energy Cooperation'',
dated February 1, 1996, the Secretary shall establish a grant
program in accordance with the requirements of sections 988
and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352,
16353) to support research, development, and
commercialization of renewable energy or energy efficiency.
(2) Types of energy.--In carrying out paragraph (1), the
Secretary may make grants to promote--
(A) solar energy;
(B) biomass energy;
(C) energy efficiency;
(D) wind energy;
(E) geothermal energy;
(F) wave and tidal energy; and
(G) advanced battery technology.
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of the
applicant--
(A) addresses a requirement in the area of improved energy
efficiency or renewable energy sources, as determined by the
Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic institution,
National Laboratory (as defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in
the United States; and
(II) a for-profit business entity, academic institution, or
nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary
an application for the grant in accordance with procedures
established by the Secretary, in consultation with the
advisory board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board--
(i) to monitor the method by which grants are awarded under
this subsection; and
(ii) to provide to the Secretary periodic performance
reviews of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of 3 members, to be
appointed by the Secretary, of whom--
(i) 1 shall be a representative of the Federal Government;
(ii) 1 shall be selected from a list of nominees provided
by the United States-Israel Binational Science Foundation;
and
(iii) 1 shall be selected from a list of nominees provided
by the United States-Israel Binational Industrial Research
and Development Foundation.
(6) Contributed funds.--Notwithstanding section 3302 of
title 31, United States Code, the Secretary may accept,
retain, and use funds contributed by any person, government
entity, or organization for purposes of carrying out this
subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the
Secretary a report that contains--
(A) a description of the method by which the recipient used
the grant funds; and
(B) an evaluation of the level of success of each project
funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(c) Termination.--The grant program and the advisory
committee established under this section terminate on the
date that is 7 years after the date of enactment of this Act.
(d) Authorization of Appropriations.--The Secretary shall
use amounts authorized to be appropriated under section 931
of the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry
out this section.
Subtitle B--International Clean Energy Foundation
SEC. 921. DEFINITIONS.
In this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation established pursuant to section 922(c).
(2) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Foundation
appointed pursuant to section 922(b).
(3) Foundation.--The term ``Foundation'' means the
International Clean Energy Foundation established by section
922(a).
SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.
(a) Establishment.--
(1) In general.--There is established in the executive
branch a foundation to be known as the ``International Clean
Energy Foundation'' that shall be responsible for carrying
out the provisions of this subtitle. The Foundation shall be
a government corporation, as defined in section 103 of title
5, United States Code.
(2) Board of directors.--The Foundation shall be governed
by a Board of Directors in accordance with subsection (c).
(3) Intent of congress.--It is the intent of Congress, in
establishing the structure of the Foundation set forth in
this subsection, to create an entity that serves the long-
term foreign policy and energy security goals of reducing
global greenhouse gas emissions.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management
of the Foundation.
(2) Appointment.--The Chief Executive Officer shall be
appointed by the Board, with the advice and consent of the
Senate, and shall be a recognized leader in clean and
efficient energy technologies and climate change and shall
have experience in energy security, business, or foreign
policy, chosen on the basis of a rigorous search.
(3) Relationship to board.--The Chief Executive Officer
shall report to, and be under the direct authority of, the
Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level III of the
Executive Schedule under section 5314 of title 5, United
States Code.
(B) Amendment.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, International Clean Energy
Foundation.''.
(C) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Foundation and
shall exercise the powers and discharge the duties of the
Foundation.
(D) Authority to appoint officers.--In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Foundation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the Foundation a
Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this subtitle and
may prescribe, amend, and repeal bylaws, rules, regulations,
and procedures governing the manner in which the business of
the Foundation may be conducted and in which the powers
granted to it by law may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the Secretary's designee),
the Secretary of Energy (or the Secretary's designee), and
the Administrator of the United States Agency for
International Development (or the Administrator's designee);
and
(B) four other individuals with relevant experience in
matters relating to energy security (such as individuals who
represent institutions of energy policy, business
organizations, foreign policy organizations, or other
relevant organizations) who shall be appointed by the
President,
[[Page H16722]]
by and with the advice and consent of the Senate, of whom--
(i) one individual shall be appointed from among a list of
individuals submitted by the majority leader of the House of
Representatives;
(ii) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the House of
Representatives;
(iii) one individual shall be appointed from among a list
of individuals submitted by the majority leader of the
Senate; and
(iv) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the Senate.
(4) Chief executive officer.--The Chief Executive Officer
of the Foundation shall serve as a nonvoting, ex officio
member of the Board.
(5) Terms.--
(A) Officers of the federal government.--Each member of the
Board described in paragraph (3)(A) shall serve for a term
that is concurrent with the term of service of the
individual's position as an officer within the other Federal
department or agency.
(B) Other members.--Each member of the Board described in
paragraph (3)(B) shall be appointed for a term of 3 years and
may be reappointed for a term of an additional 3 years.
(C) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(D) Acting members.--A vacancy in the Board may be filled
with an appointment of an acting member by the Chairperson of
the Board for up to 1 year while a nominee is named and
awaits confirmation in accordance with paragraph (3)(B).
(6) Chairperson.--There shall be a Chairperson of the
Board. The Secretary of State (or the Secretary's designee)
shall serve as the Chairperson.
(7) Quorum.--A majority of the members of the Board
described in paragraph (3) shall constitute a quorum, which,
except with respect to a meeting of the Board during the 135-
day period beginning on the date of the enactment of this
Act, shall include at least 1 member of the Board described
in paragraph (3)(B).
(8) Meetings.--The Board shall meet at the call of the
Chairperson, who shall call a meeting no less than once a
year.
(9) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board described in
paragraph (3)(A) may not receive additional pay, allowances,
or benefits by reason of the member's service on the Board.
(ii) Travel expenses.--Each such member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(B) Other members.--
(i) In general.--Except as provided in clause (ii), a
member of the Board described in paragraph (3)(B)--
(I) shall be paid compensation out of funds made available
for the purposes of this subtitle at the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code, for each day (including travel time)
during which the member is engaged in the actual performance
of duties as a member of the Board; and
(II) while away from the member's home or regular place of
business on necessary travel in the actual performance of
duties as a member of the Board, shall be paid per diem,
travel, and transportation expenses in the same manner as is
provided under subchapter I of chapter 57 of title 5, United
States Code.
(ii) Limitation.--A member of the Board may not be paid
compensation under clause (i)(II) for more than 90 days in
any calendar year.
SEC. 923. DUTIES OF FOUNDATION.
The Foundation shall--
(1) use the funds authorized by this subtitle to make
grants to promote projects outside of the United States that
serve as models of how to significantly reduce the emissions
of global greenhouse gases through clean and efficient energy
technologies, processes, and services;
(2) seek contributions from foreign governments, especially
those rich in energy resources such as member countries of
the Organization of the Petroleum Exporting Countries, and
private organizations to supplement funds made available
under this subtitle;
(3) harness global expertise through collaborative
partnerships with foreign governments and domestic and
foreign private actors, including nongovernmental
organizations and private sector companies, by leveraging
public and private capital, technology, expertise, and
services towards innovative models that can be instituted to
reduce global greenhouse gas emissions;
(4) create a repository of information on best practices
and lessons learned on the utilization and implementation of
clean and efficient energy technologies and processes to be
used for future initiatives to tackle the climate change
crisis;
(5) be committed to minimizing administrative costs and to
maximizing the availability of funds for grants under this
subtitle; and
(6) promote the use of American-made clean and efficient
energy technologies, processes, and services by giving
preference to entities incorporated in the United States and
whose technology will be substantially manufactured in the
United States.
SEC. 924. ANNUAL REPORT.
(a) Report Required.--Not later than March 31, 2008, and
each March 31 thereafter, the Foundation shall submit to the
appropriate congressional committees a report on the
implementation of this subtitle during the prior fiscal year.
(b) Contents.--The report required by subsection (a) shall
include--
(1) the total financial resources available to the
Foundation during the year, including appropriated funds, the
value and source of any gifts or donations accepted pursuant
to section 925(a)(6), and any other resources;
(2) a description of the Board's policy priorities for the
year and the basis upon which competitive grant proposals
were solicited and awarded to nongovernmental institutions
and other organizations;
(3) a list of grants made to nongovernmental institutions
and other organizations that includes the identity of the
institutional recipient, the dollar amount, and the results
of the program; and
(4) the total administrative and operating expenses of the
Foundation for the year, as well as specific information on--
(A) the number of Foundation employees and the cost of
compensation for Board members, Foundation employees, and
personal service contractors;
(B) costs associated with securing the use of real property
for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members and
Foundation employees in connection with Foundation
activities; and
(D) total representational expenses.
SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers.--The Foundation--
(1) shall have perpetual succession unless dissolved by a
law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and other
agreements with any person or government however designated
and wherever situated, as may be necessary for carrying out
the functions of the Foundation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Foundation;
(6) may accept money, funds, services, or property (real,
personal, or mixed), tangible or intangible, made available
by gift, bequest grant, or otherwise for the purpose of
carrying out the provisions of this title from domestic or
foreign private individuals, charities, nongovernmental
organizations, corporations, or governments;
(7) may use the United States mails in the same manner and
on the same conditions as the executive departments;
(8) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Office of Personnel
Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and
incident to carrying out this subtitle.
(b) Principal Office.--The Foundation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Applicability of Government Corporation Control Act.--
(1) In general.--The Foundation shall be subject to chapter
91 of subtitle VI of title 31, United States Code, except
that the Foundation shall not be authorized to issue
obligations or offer obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
``(R) the International Clean Energy Foundation.''.
(d) Inspector General.--
(1) In general.--The Inspector General of the Department of
State shall serve as Inspector General of the Foundation,
and, in acting in such capacity, may conduct reviews,
investigations, and inspections of all aspects of the
operations and activities of the Foundation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Foundation shall reimburse the
Department of State for all expenses incurred by the
Inspector General in connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the amount authorized
to be appropriated under section 927(a) for a fiscal year, up
to $500,000 is authorized to be made available to the
Inspector General of the Department of State to conduct
reviews, investigations, and inspections of operations and
activities of the Foundation.
SEC. 926. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Foundation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Foundation, is entitled to be
reemployed in such employee's former position or a position
of like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Foundation for any reason, other
than misconduct, neglect of duty, or malfeasance; and
[[Page H16723]]
(B) applies for reemployment not later than 90 days after
the date of separation from the Foundation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment
and, on reemployment, is entitled to at least the rate of
basic pay to which such employee would have been entitled had
such employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Foundation, no more than 30 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Foundation without
regard to the provisions of chapter 51 of title 5, United
States Code (relating to the classification of positions),
subchapter III of chapter 53 of such title (relating to
General Schedule pay rates), except that no employee of the
Foundation may receive a rate of basic pay that exceeds the
rate for level IV of the Executive Schedule under section
5315 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by
which such employee is employed to the Foundation.
SEC. 927. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--To carry out this
subtitle, there are authorized to be appropriated $20,000,000
for each of the fiscal years 2009 through 2013.
(b) Allocation of Funds.--
(1) In general.--The Foundation may allocate or transfer to
any agency of the United States Government any of the funds
available for carrying out this subtitle. Such funds shall be
available for obligation and expenditure for the purposes for
which the funds were authorized, in accordance with authority
granted in this subtitle or under authority governing the
activities of the United States Government agency to which
such funds are allocated or transferred.
(2) Notification.--The Foundation shall notify the
appropriate congressional committees not less than 15 days
prior to an allocation or transfer of funds pursuant to
paragraph (1).
Subtitle C--Miscellaneous Provisions
SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT
OF STATE.
(a) State Department Coordinator for International Energy
Affairs.--
(1) In general.--The Secretary of State should ensure that
energy security is integrated into the core mission of the
Department of State.
(2) Coordinator for international energy affairs.--There is
established within the Office of the Secretary of State a
Coordinator for International Energy Affairs, who shall be
responsible for--
(A) representing the Secretary of State in interagency
efforts to develop the international energy policy of the
United States;
(B) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department of State;
(C) incorporating energy security priorities into the
activities of the Department of State;
(D) coordinating energy activities of the Department of
State with relevant Federal agencies; and
(E) coordinating energy security and other relevant
functions within the Department of State currently undertaken
by offices within--
(i) the Bureau of Economic, Energy and Business Affairs;
(ii) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
(iii) other offices within the Department of State.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Energy Experts in Key Embassies.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of State shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that includes--
(1) a description of the Department of State personnel who
are dedicated to energy matters and are stationed at
embassies and consulates in countries that are major energy
producers or consumers;
(2) an analysis of the need for Federal energy specialist
personnel in United States embassies and other United States
diplomatic missions; and
(3) recommendations for increasing energy expertise within
United States embassies among foreign service officers and
options for assigning to such embassies energy attaches from
the National Laboratories or other agencies within the
Department of Energy.
(c) Energy Advisors.--The Secretary of Energy may make
appropriate arrangements with the Secretary of State to
assign personnel from the Department of Energy or the
National Laboratories of the Department of Energy to serve as
dedicated advisors on energy matters in embassies of the
United States or other United States diplomatic missions.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 2 years thereafter for the
following 20 years, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that describes--
(1) the energy-related activities being conducted by the
Department of State, including activities within--
(A) the Bureau of Economic, Energy and Business Affairs;
(B) the Bureau of Oceans and Environmental and Scientific
Affairs; and
(C) other offices within the Department of State;
(2) the amount of funds spent on each activity within each
office described in paragraph (1); and
(3) the number and qualification of personnel in each
embassy (or relevant foreign posting) of the United States
whose work is dedicated exclusively to energy matters.
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50
U.S.C. 402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the Secretary of Energy;''.
SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(a) Reports.--
(1) In general.--Subject to paragraph (2), on the date on
which the President submits to Congress the budget for the
following fiscal year under section 1105 of title 31, United
States Code, the President shall submit to Congress a
comprehensive report on the national energy security of the
United States.
(2) New presidents.--In addition to the reports required
under paragraph (1), the President shall submit a
comprehensive report on the national energy security of the
United States by not later than 150 days after the date on
which the President assumes the office of President after a
presidential election.
(b) Contents.--Each report under this section shall
describe the national energy security strategy of the United
States, including a comprehensive description of--
(1) the worldwide interests, goals, and objectives of the
United States that are vital to the national energy security
of the United States;
(2) the foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary--
(A) to deter political manipulation of world energy
resources; and
(B) to implement the national energy security strategy of
the United States;
(3) the proposed short-term and long-term uses of the
political, economic, military, and other authorities of the
United States--
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described in
paragraph (1);
(4) the adequacy of the capabilities of the United States
to protect the national energy security of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national authority of the United
States to support the implementation of the national energy
security strategy; and
(5) such other information as the President determines to
be necessary to inform Congress on matters relating to the
national energy security of the United States.
(c) Classified and Unclassified Form.--Each national energy
security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR
NUCLEAR DAMAGE CONTINGENT COST ALLOCATION.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'')--
(i) provides a predictable legal framework necessary for
nuclear projects; and
(ii) ensures prompt and equitable compensation in the event
of a nuclear incident in the United States;
(B) the Price-Anderson Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising out
of a nuclear incident and funds the insurance primarily
through the assessment of a retrospective premium from each
operator after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997, will
establish a global system--
(i) to provide a predictable legal framework necessary for
nuclear energy projects; and
(ii) to ensure prompt and equitable compensation in the
event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers
that face potentially unlimited liability for nuclear
incidents that are not covered by the Price-Anderson Act by
replacing a potentially open-ended liability with a
predictable liability regime that, in effect, provides
nuclear suppliers with insurance for damage arising out of
such an incident;
(E) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a Price-
Anderson incident by providing an additional early source of
funds to compensate damage arising out of the Price-Anderson
incident;
(F) the combined operation of the Convention, the Price-
Anderson Act, and this section will augment the quantity of
assured funds available for victims in a wider variety of
nuclear incidents while reducing the potential liability of
United States suppliers without increasing potential costs to
United States operators;
(G) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation
fund established by the Convention;
[[Page H16724]]
(H) any such contribution should be funded in a manner that
does not--
(i) upset settled expectations based on the liability
regime established under the Price-Anderson Act; or
(ii) shift to Federal taxpayers liability risks for nuclear
incidents at foreign installations;
(I) with respect to a Price-Anderson incident, funds
already available under the Price-Anderson Act should be
used; and
(J) with respect to a nuclear incident outside the United
States not covered by the Price-Anderson Act, a retrospective
premium should be prorated among nuclear suppliers relieved
from potential liability for which insurance is not
available.
(2) Purpose.--The purpose of this section is to allocate
the contingent costs associated with participation by the
United States in the international nuclear liability
compensation system established by the Convention on
Supplementary Compensation for Nuclear Damage, done at Vienna
on September 12, 1997--
(A) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in
a manner that neither increases the burdens nor decreases the
benefits under section 170 of that Act; and
(B) with respect to a covered incident outside the United
States that is not a Price-Anderson incident, by allocating
the contingent costs equitably, on the basis of risk, among
the class of nuclear suppliers relieved by the Convention
from the risk of potential liability resulting from any
covered incident outside the United States.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means
the cost to the United States in the event of a covered
incident the amount of which is equal to the amount of funds
the United States is obligated to make available under
paragraph 1(b) of Article III of the Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear Damage,
done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means
a nuclear incident the occurrence of which results in a
request for funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which the
occurrence of a nuclear incident could result in a request
for funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person'' means--
(i) a United States person; and
(ii) an individual or entity (including an agency or
instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions.--The term ``covered person'' does not
include--
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means
a covered person (or a successor in interest of a covered
person) that--
(A) supplies facilities, equipment, fuel, services, or
technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a
covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make
funds available to compensate for public liability (as
defined in section 11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the meaning
given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
(B) Inclusions.--The term ``United States'' includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under
Presidential Proclamation Number 5928, dated December 27,
1988 (43 U.S.C. 1331 note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing
outside of the United States and employed by a person who is
not a United States person); and
(B) any corporation, partnership, association, joint stock
company, business trust, unincorporated organization, or sole
proprietorship that is organized under the laws of the United
States.
(c) Use of Price-Anderson Funds.--
(1) In general.--Funds made available under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used
to cover the contingent cost resulting from any Price-
Anderson incident.
(2) Effect.--The use of funds pursuant to paragraph (1)
shall not reduce the limitation on public liability
established under section 170 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)).
(d) Effect on Amount of Public Liability.--
(1) In general.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(2) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under paragraph (1)
shall be increased by an amount equal to the difference
between--
(A) the amount of funds made available for the Price-
Anderson incident under Article VII of the Convention; and
(B) the amount of funds used under subsection (c) to cover
the contingent cost resulting from the Price-Anderson
incident.
(e) Retrospective Risk Pooling Program.--
(1) In general.--Except as provided under paragraph (2),
each nuclear supplier shall participate in a retrospective
risk pooling program in accordance with this section to cover
the contingent cost resulting from a covered incident outside
the United States that is not a Price-Anderson incident.
(2) Deferred payment.--
(A) In general.--The obligation of a nuclear supplier to
participate in the retrospective risk pooling program shall
be deferred until the United States is called on to provide
funds pursuant to Article VII of the Convention with respect
to a covered incident that is not a Price-Anderson incident.
(B) Amount of deferred payment.--The amount of a deferred
payment of a nuclear supplier under subparagraph (A) shall be
based on the risk-informed assessment formula determined
under subparagraph (C).
(C) Risk-informed assessment formula.--
(i) In general.--Not later than 3 years after the date of
the enactment of this Act, and every 5 years thereafter, the
Secretary shall, by regulation, determine the risk-informed
assessment formula for the allocation among nuclear suppliers
of the contingent cost resulting from a covered incident that
is not a Price-Anderson incident, taking into account risk
factors such as--
(I) the nature and intended purpose of the goods and
services supplied by each nuclear supplier to each covered
installation outside the United States;
(II) the quantity of the goods and services supplied by
each nuclear supplier to each covered installation outside
the United States;
(III) the hazards associated with the supplied goods and
services if the goods and services fail to achieve the
intended purposes;
(IV) the hazards associated with the covered installation
outside the United States to which the goods and services are
supplied;
(V) the legal, regulatory, and financial infrastructure
associated with the covered installation outside the United
States to which the goods and services are supplied; and
(VI) the hazards associated with particular forms of
transportation.
(ii) Factors for consideration.--In determining the
formula, the Secretary may--
(I) exclude--
(aa) goods and services with negligible risk;
(bb) classes of goods and services not intended
specifically for use in a nuclear installation;
(cc) a nuclear supplier with a de minimis share of the
contingent cost; and
(dd) a nuclear supplier no longer in existence for which
there is no identifiable successor; and
(II) establish the period on which the risk assessment is
based.
(iii) Application.--In applying the formula, the Secretary
shall not consider any covered installation or transportation
for which funds would be available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210).
(iv) Report.--Not later than 5 years after the date of the
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on whether
there is a need for continuation or amendment of this
section, taking into account the effects of the
implementation of the Convention on the United States nuclear
industry and suppliers.
(f) Reporting.--
(1) Collection of information.--
(A) In general.--The Secretary may collect information
necessary for developing and implementing the formula for
calculating the deferred payment of a nuclear supplier under
subsection (e)(2).
(B) Provision of information.--Each nuclear supplier and
other appropriate persons shall make available to the
Secretary such information, reports, records, documents, and
other data as the Secretary determines, by regulation, to be
necessary or appropriate to develop and implement the formula
under subsection (e)(2)(C).
(2) Private insurance.--The Secretary shall make available
to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and
maintenance of private insurance against any risk for which
nuclear suppliers may be required to pay deferred payments
under this section.
(g) Effect on Liability.--Nothing in any other law
(including regulations) limits liability for a covered
incident to an amount equal to less than the amount
prescribed in paragraph 1(a) of Article IV of the Convention,
unless the law--
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States.--
(1) Action by nuclear suppliers.--
(A) Notification.--In the case of a request for funds under
Article VII of the Convention resulting from a covered
incident that is not a Price-Anderson incident, the Secretary
shall notify each nuclear supplier of the amount of the
deferred payment required to be made by the nuclear supplier.
[[Page H16725]]
(B) Payments.--
(i) In general.--Except as provided under clause (ii), not
later than 60 days after receipt of a notification under
subparagraph (A), a nuclear supplier shall pay to the general
fund of the Treasury the deferred payment of the nuclear
supplier required under subparagraph (A).
(ii) Annual payments.--A nuclear supplier may elect to
prorate payment of the deferred payment required under
subparagraph (A) in 5 equal annual payments (including
interest on the unpaid balance at the prime rate prevailing
at the time the first payment is due).
(C) Vouchers.--A nuclear supplier shall submit payment
certification vouchers to the Secretary of the Treasury in
accordance with section 3325 of title 31, United States Code.
(2) Use of funds.--
(A) In general.--Amounts paid into the Treasury under
paragraph (1) shall be available to the Secretary of the
Treasury, without further appropriation and without fiscal
year limitation, for the purpose of making the contributions
of public funds required to be made by the United States
under the Convention.
(B) Action by secretary of treasury.--The Secretary of the
Treasury shall pay the contribution required under the
Convention to the court of competent jurisdiction under
Article XIII of the Convention with respect to the applicable
covered incident.
(3) Failure to pay.--If a nuclear supplier fails to make a
payment required under this subsection, the Secretary may
take appropriate action to recover from the nuclear
supplier--
(A) the amount of the payment due from the nuclear
supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of the
deferred payment due from the nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action.--
(1) Limitation on judicial review.--
(A) In general.--In any civil action arising under the
Convention over which Article XIII of the Convention grants
jurisdiction to the courts of the United States, any appeal
or review by writ of mandamus or otherwise with respect to a
nuclear incident that is not a Price-Anderson incident shall
be in accordance with chapter 83 of title 28, United States
Code, except that the appeal or review shall occur in the
United States Court of Appeals for the District of Columbia
Circuit.
(B) Supreme court jurisdiction.--Nothing in this paragraph
affects the jurisdiction of the Supreme Court of the United
States under chapter 81 of title 28, United States Code.
(2) Cause of action.--
(A) In general.--Subject to subparagraph (B), in any civil
action arising under the Convention over which Article XIII
of the Convention grants jurisdiction to the courts of the
United States, in addition to any other cause of action that
may exist, an individual or entity shall have a cause of
action against the operator to recover for nuclear damage
suffered by the individual or entity.
(B) Requirement.--Subparagraph (A) shall apply only if the
individual or entity seeks a remedy for nuclear damage (as
defined in Article I of the Convention) that was caused by a
nuclear incident (as defined in Article I of the Convention)
that is not a Price-Anderson incident.
(C) Savings provision.--Nothing in this paragraph may be
construed to limit, modify, extinguish, or otherwise affect
any cause of action that would have existed in the absence of
enactment of this paragraph.
(j) Right of Recourse.--This section does not provide to an
operator of a covered installation any right of recourse
under the Convention.
(k) Protection of Sensitive United States Information.--
Nothing in the Convention or this section requires the
disclosure of--
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a successor
Executive Order or regulation).
(l) Regulations.--
(1) In general.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this section.
(2) Requirement.--Rules prescribed under this subsection
shall ensure, to the maximum extent practicable, that--
(A) the implementation of section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) and this section is consistent
and equitable; and
(B) the financial and operational burden on a Commission
licensee in complying with section 170 of that Act is not
greater as a result of the enactment of this section.
(3) Applicability of provision.--Section 553 of title 5,
United States Code, shall apply with respect to the
promulgation of regulations under this subsection.
(4) Effect of subsection.--The authority provided under
this subsection is in addition to, and does not impair or
otherwise affect, any other authority of the Secretary or the
Commission to prescribe regulations.
(m) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE
PAYMENTS.
(a) Purpose.--The purpose of this section is to--
(1) ensure greater United States energy security by
combating corruption in the governments of foreign countries
that receive revenues from the sale of their natural
resources; and
(2) enhance the development of democracy and increase
political and economic stability in such resource rich
foreign countries.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to increase energy security by promoting anti-
corruption initiatives in oil and natural gas rich countries;
and
(2) to promote global energy security through promotion of
programs such as the Extractive Industries Transparency
Initiative (EITI) that seek to instill transparency and
accountability into extractive industries resource payments.
(c) Sense of Congress.--It is the sense of Congress that
the United States should further global energy security and
promote democratic development in resource-rich foreign
countries by--
(1) encouraging further participation in the EITI by
eligible countries and companies; and
(2) promoting the efficacy of the EITI program by ensuring
a robust and candid review mechanism.
(d) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Secretary of State, in consultation with the Secretary of
Energy, shall submit to the appropriate congressional
committees a report on progress made in promoting
transparency in extractive industries resource payments.
(2) Matters to be included.--The report required by
paragraph (1) shall include a detailed description of United
States participation in the EITI, bilateral and multilateral
diplomatic efforts to further participation in the EITI, and
other United States initiatives to strengthen energy
security, deter energy kleptocracy, and promote transparency
in the extractive industries.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $3,000,000 for the purposes of United
States contributions to the Multi-Donor Trust Fund of the
EITI.
TITLE X--GREEN JOBS
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Green Jobs Act of 2007''.
SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER
TRAINING PROGRAM.
Section 171 of the Workforce Investment Act of 1998 (29
U.S.C. 2916) is amended by adding at the end the following:
``(e) Energy Efficiency and Renewable Energy Worker
Training Program.--
``(1) Grant program.--
``(A) In general.--Not later than 6 months after the date
of enactment of the Green Jobs Act of 2007, the Secretary, in
consultation with the Secretary of Energy, shall establish an
energy efficiency and renewable energy worker training
program under which the Secretary shall carry out the
activities described in paragraph (2) to achieve the purposes
of this subsection.
``(B) Eligibility.--For purposes of providing assistance
and services under the program established under this
subsection--
``(i) target populations of eligible individuals to be
given priority for training and other services shall
include--
``(I) workers impacted by national energy and environmental
policy;
``(II) individuals in need of updated training related to
the energy efficiency and renewable energy industries;
``(III) veterans, or past and present members of reserve
components of the Armed Forces;
``(IV) unemployed individuals;
``(V) individuals, including at-risk youth, seeking
employment pathways out of poverty and into economic self-
sufficiency; and
``(VI) formerly incarcerated, adjudicated, nonviolent
offenders; and
``(ii) energy efficiency and renewable energy industries
eligible to participate in a program under this subsection
include--
``(I) the energy-efficient building, construction, and
retrofits industries;
``(II) the renewable electric power industry;
``(III) the energy efficient and advanced drive train
vehicle industry;
``(IV) the biofuels industry;
``(V) the deconstruction and materials use industries;
``(VI) the energy efficiency assessment industry serving
the residential, commercial, or industrial sectors; and
``(VII) manufacturers that produce sustainable products
using environmentally sustainable processes and materials.
``(2) Activities.--
``(A) National research program.--Under the program
established under paragraph (1), the Secretary, acting
through the Bureau of Labor Statistics, where appropriate,
shall collect and analyze labor market data to track
workforce trends resulting from energy-related initiatives
carried out under this subsection. Activities carried out
under this paragraph shall include--
``(i) tracking and documentation of academic and
occupational competencies as well as future skill needs with
respect to renewable energy and energy efficiency technology;
``(ii) tracking and documentation of occupational
information and workforce training data with respect to
renewable energy and energy efficiency technology;
``(iii) collaborating with State agencies, workforce
investments boards, industry, organized labor, and community
and nonprofit organizations to disseminate information on
successful innovations for labor market services and worker
training with respect to renewable energy and energy
efficiency technology;
[[Page H16726]]
``(iv) serving as a clearinghouse for best practices in
workforce development, job placement, and collaborative
training partnerships;
``(v) encouraging the establishment of workforce training
initiatives with respect to renewable energy and energy
efficiency technologies;
``(vi) linking research and development in renewable energy
and energy efficiency technology with the development of
standards and curricula for current and future jobs;
``(vii) assessing new employment and work practices
including career ladder and upgrade training as well as high
performance work systems; and
``(viii) providing technical assistance and capacity
building to national and State energy partnerships, including
industry and labor representatives.
``(B) National energy training partnership grants.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award National Energy
Training Partnerships Grants on a competitive basis to
eligible entities to enable such entities to carry out
training that leads to economic self-sufficiency and to
develop an energy efficiency and renewable energy industries
workforce. Grants shall be awarded under this subparagraph so
as to ensure geographic diversity with at least 2 grants
awarded to entities located in each of the 4 Petroleum
Administration for Defense Districts with no subdistricts,
and at least 1 grant awarded to an entity located in each of
the subdistricts of the Petroleum Administration for Defense
District with subdistricts.
``(ii) Eligibility.--To be eligible to receive a grant
under clause (i), an entity shall be a nonprofit partnership
that--
``(I) includes the equal participation of industry,
including public or private employers, and labor
organizations, including joint labor-management training
programs, and may include workforce investment boards,
community-based organizations, qualified service and
conservation corps, educational institutions, small
businesses, cooperatives, State and local veterans agencies,
and veterans service organizations; and
``(II) demonstrates--
``(aa) experience in implementing and operating worker
skills training and education programs;
``(bb) the ability to identify and involve in training
programs carried out under this grant, target populations of
individuals who would benefit from training and be actively
involved in activities related to energy efficiency and
renewable energy industries; and
``(cc) the ability to help individuals achieve economic
self-sufficiency.
``(iii) Priority.--Priority shall be given to partnerships
which leverage additional public and private resources to
fund training programs, including cash or in-kind matches
from participating employers.
``(C) State labor market research, information, and labor
exchange research program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
to States to enable such States to administer labor market
and labor exchange information programs that include the
implementation of the activities described in clause (ii), in
coordination with the one-stop delivery system.
``(ii) Activities.--A State shall use amounts awarded under
a grant under this subparagraph to provide funding to the
State agency that administers the Wagner-Peyser Act and State
unemployment compensation programs to carry out the following
activities using State agency merit staff:
``(I) The identification of job openings in the renewable
energy and energy efficiency sector.
``(II) The administration of skill and aptitude testing and
assessment for workers.
``(III) The counseling, case management, and referral of
qualified job seekers to openings and training programs,
including energy efficiency and renewable energy training
programs.
``(D) State energy training partnership program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
to States to enable such States to administer renewable
energy and energy efficiency workforce development programs
that include the implementation of the activities described
in clause (ii).
``(ii) Partnerships.--A State shall use amounts awarded
under a grant under this subparagraph to award competitive
grants to eligible State Energy Sector Partnerships to enable
such Partnerships to coordinate with existing apprenticeship
and labor management training programs and implement training
programs that lead to the economic self-sufficiency of
trainees.
``(iii) Eligibility.--To be eligible to receive a grant
under this subparagraph, a State Energy Sector Partnership
shall--
``(I) consist of nonprofit organizations that include equal
participation from industry, including public or private
nonprofit employers, and labor organizations, including joint
labor-management training programs, and may include
representatives from local governments, the workforce
investment system, including one-stop career centers,
community based organizations, qualified service and
conservation corps, community colleges, and other post-
secondary institutions, small businesses, cooperatives, State
and local veterans agencies, and veterans service
organizations;
``(II) demonstrate experience in implementing and operating
worker skills training and education programs; and
``(III) demonstrate the ability to identify and involve in
training programs, target populations of workers who would
benefit from training and be actively involved in activities
related to energy efficiency and renewable energy industries.
``(iv) Priority.--In awarding grants under this
subparagraph, the Secretary shall give priority to States
that demonstrate that activities under the grant--
``(I) meet national energy policies associated with energy
efficiency, renewable energy, and the reduction of emissions
of greenhouse gases;
``(II) meet State energy policies associated with energy
efficiency, renewable energy, and the reduction of emissions
of greenhouse gases; and
``(III) leverage additional public and private resources to
fund training programs, including cash or in-kind matches
from participating employers.
``(v) Coordination.--A grantee under this subparagraph
shall coordinate activities carried out under the grant with
existing other appropriate training programs, including
apprenticeship and labor management training programs,
including such activities referenced in paragraph (3)(A), and
implement training programs that lead to the economic self-
sufficiency of trainees.
``(E) Pathways out of poverty demonstration program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
of sufficient size to eligible entities to enable such
entities to carry out training that leads to economic self-
sufficiency. The Secretary shall give priority to entities
that serve individuals in families with income of less than
200 percent of the sufficiency standard for the local areas
where the training is conducted that specifies, as defined by
the State, or where such standard is not established, the
income needs of families, by family size, the number and ages
of children in the family, and sub-State geographical
considerations. Grants shall be awards to ensure geographic
diversity.
``(ii) Eligible entities.--To be eligible to receive a
grant an entity shall be a partnership that--
``(I) includes community-based nonprofit organizations,
educational institutions with expertise in serving low-income
adults or youth, public or private employers from the
industry sectors described in paragraph (1)(B)(ii), and labor
organizations representing workers in such industry sectors;
``(II) demonstrates a record of successful experience in
implementing and operating worker skills training and
education programs;
``(III) coordinates activities, where appropriate, with the
workforce investment system; and
``(IV) demonstrates the ability to recruit individuals for
training and to support such individuals to successful
completion in training programs carried out under this grant,
targeting populations of workers who are or will be engaged
in activities related to energy efficiency and renewable
energy industries.
``(iii) Priorities.--In awarding grants under this
paragraph, the Secretary shall give priority to applicants
that--
``(I) target programs to benefit low-income workers,
unemployed youth and adults, high school dropouts, or other
underserved sectors of the workforce within areas of high
poverty;
``(II) ensure that supportive services are integrated with
education and training, and delivered by organizations with
direct access to and experience with targeted populations;
``(III) leverage additional public and private resources to
fund training programs, including cash or in-kind matches
from participating employers;
``(IV) involve employers and labor organizations in the
determination of relevant skills and competencies and ensure
that the certificates or credentials that result from the
training are employer-recognized;
``(V) deliver courses at alternative times (such as evening
and weekend programs) and locations most convenient and
accessible to participants and link adult remedial education
with occupational skills training; and
``(VI) demonstrate substantial experience in administering
local, municipal, State, Federal, foundation, or private
entity grants.
``(iv) Data collection.--Grantees shall collect and report
the following information:
``(I) The number of participants.
``(II) The demographic characteristics of participants,
including race, gender, age, parenting status, participation
in other Federal programs, education and literacy level at
entry, significant barriers to employment (such as limited
English proficiency, criminal record, addiction or mental
health problem requiring treatment, or mental disability).
``(III) The services received by participants, including
training, education, and supportive services.
``(IV) The amount of program spending per participant.
``(V) Program completion rates.
``(VI) Factors determined as significantly interfering with
program participation or completion.
``(VII) The rate of Job placement and the rate of
employment retention after 1 year.
``(VIII) The average wage at placement, including any
benefits, and the rate of average wage increase after 1 year.
``(IX) Any post-employment supportive services provided.
The Secretary shall assist grantees in the collection of data
under this clause by making available, where practicable,
low-cost means of tracking the labor market outcomes of
participants, and by providing standardized reporting forms,
where appropriate.
``(3) Activities.--
``(A) In general.--Activities to be carried out under a
program authorized by subparagraph (B), (D), or (E) of
paragraph (2) shall be coordinated with existing systems or
providers, as appropriate. Such activities may include--
``(i) occupational skills training, including curriculum
development, on-the-job training, and classroom training;
[[Page H16727]]
``(ii) safety and health training;
``(iii) the provision of basic skills, literacy, GED,
English as a second language, and job readiness training;
``(iv) individual referral and tuition assistance for a
community college training program, or any training program
leading to an industry-recognized certificate;
``(v) internship programs in fields related to energy
efficiency and renewable energy;
``(vi) customized training in conjunction with an existing
registered apprenticeship program or labor-management
partnership;
``(vii) incumbent worker and career ladder training and
skill upgrading and retraining;
``(viii) the implementation of transitional jobs
strategies; and
``(ix) the provision of supportive services.
``(B) Outreach activities.--In addition to the activities
authorized under subparagraph (A), activities authorized for
programs under subparagraph (E) of paragraph (2) may include
the provision of outreach, recruitment, career guidance, and
case management services.
``(4) Worker protections and nondiscrimination
requirements.--
``(A) Application of wia.--The provisions of sections 181
and 188 of the Workforce Investment Act of 1998 (29 U.S.C.
2931 and 2938) shall apply to all programs carried out with
assistance under this subsection.
``(B) Consultation with labor organizations.--If a labor
organization represents a substantial number of workers who
are engaged in similar work or training in an area that is
the same as the area that is proposed to be funded under this
Act, the labor organization shall be provided an opportunity
to be consulted and to submit comments in regard to such a
proposal.
``(5) Performance measures.--
``(A) In general.--The Secretary shall negotiate and reach
agreement with the eligible entities that receive grants and
assistance under this section on performance measures for the
indicators of performance referred to in subparagraphs (A)
and (B) of section 136(b)(2) that will be used to evaluate
the performance of the eligible entity in carrying out the
activities described in subsection (e)(2). Each performance
measure shall consist of such an indicator of performance,
and a performance level referred to in subparagraph (B).
``(B) Performance levels.--The Secretary shall negotiate
and reach agreement with the eligible entity regarding the
levels of performance expected to be achieved by the eligible
entity on the indicators of performance.
``(6) Report.--
``(A) Status report.--Not later than 18 months after the
date of enactment of the Green Jobs Act of 2007, the
Secretary shall transmit a report to the Senate Committee on
Energy and Natural Resources, the Senate Committee on Health,
Education, Labor, and Pensions, the House Committee on
Education and Labor, and the House Committee on Energy and
Commerce on the training program established by this
subsection. The report shall include a description of the
entities receiving funding and the activities carried out by
such entities.
``(B) Evaluation.--Not later than 3 years after the date of
enactment of such Act, the Secretary shall transmit to the
Senate Committee on Energy and Natural Resources, the Senate
Committee on Health, Education, Labor, and Pensions, the
House Committee on Education and Labor, and the House
Committee on Energy and Commerce an assessment of such
program and an evaluation of the activities carried out by
entities receiving funding from such program.
``(7) Definition.--As used in this subsection, the term
`renewable energy' has the meaning given such term in section
203(b)(2) of the Energy Policy Act of 2005 (Public Law 109-
58).
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $125,000,000
for each fiscal years, of which--
``(A) not to exceed 20 percent of the amount appropriated
in each such fiscal year shall be made available for, and
shall be equally divided between, national labor market
research and information under paragraph (2)(A) and State
labor market information and labor exchange research under
paragraph (2)(C), and not more than 2 percent of such amount
shall be for the evaluation and report required under
paragraph (4);
``(B) 20 percent shall be dedicated to Pathways Out of
Poverty Demonstration Programs under paragraph (2)(E); and
``(C) the remainder shall be divided equally between
National Energy Partnership Training Grants under paragraph
(2)(B) and State energy training partnership grants under
paragraph (2)(D).''.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.
(a) In General.--Section 102 of title 49, United States
Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Office of Climate Change and Environment.--
``(1) Establishment.--There is established in the
Department an Office of Climate Change and Environment to
plan, coordinate, and implement--
``(A) department-wide research, strategies, and actions
under the Department's statutory authority to reduce
transportation-related energy use and mitigate the effects of
climate change; and
``(B) department-wide research strategies and actions to
address the impacts of climate change on transportation
systems and infrastructure.
``(2) Clearinghouse.--The Office shall establish a
clearinghouse of solutions, including cost-effective
congestion reduction approaches, to reduce air pollution and
transportation-related energy use and mitigate the effects of
climate change.''.
(b) Coordination.--The Office of Climate Change and
Environment of the Department of Transportation shall
coordinate its activities with the United States Global
Change Research Program.
(c) Transportation System's Impact on Climate Change and
Fuel Efficiency.--
(1) Study.--The Office of Climate Change and Environment,
in coordination with the Environmental Protection Agency and
in consultation with the United States Global Change Research
Program, shall conduct a study to examine the impact of the
Nation's transportation system on climate change and the fuel
efficiency savings and clean air impacts of major
transportation projects, to identify solutions to reduce air
pollution and transportation-related energy use and mitigate
the effects of climate change, and to examine the potential
fuel savings that could result from changes in the current
transportation system and through the use of intelligent
transportation systems that help businesses and consumers to
plan their travel and avoid delays, including Web-based real-
time transit information systems, congestion information
systems, carpool information systems, parking information
systems, freight route management systems, and traffic
management systems.
(2) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation, in
coordination with the Administrator of the Environmental
Protection Agency, shall transmit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate a
report that contains the results of the study required under
this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for the
Office of Climate Change and Environment to carry out its
duties under section 102(g) of title 49, United States Code
(as amended by this Act), such sums as may be necessary for
fiscal years 2008 through 2011.
Subtitle B--Railroads
SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT
PROGRAM.
(a) In General.--The Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall establish and carry out a pilot
program for making grants to railroad carriers (as defined in
section 20102 of title 49, United States Code) and State and
local governments--
(1) for assistance in purchasing hybrid or other energy-
efficient locomotives, including hybrid switch and generator-
set locomotives; and
(2) to demonstrate the extent to which such locomotives
increase fuel economy, reduce emissions, and lower costs of
operation.
(b) Limitation.--Notwithstanding subsection (a), no grant
under this section may be used to fund the costs of emissions
reductions that are mandated under Federal law.
(c) Grant Criteria.--In selecting applicants for grants
under this section, the Secretary of Transportation shall
consider--
(1) the level of energy efficiency that would be achieved
by the proposed project;
(2) the extent to which the proposed project would assist
in commercial deployment of hybrid or other energy-efficient
locomotive technologies;
(3) the extent to which the proposed project complements
other private or governmental partnership efforts to improve
air quality or fuel efficiency in a particular area; and
(4) the extent to which the applicant demonstrates
innovative strategies and a financial commitment to
increasing energy efficiency and reducing greenhouse gas
emissions of its railroad operations.
(d) Competitive Grant Selection Process.--
(1) Applications.--A railroad carrier or State or local
government seeking a grant under this section shall submit
for approval by the Secretary of Transportation an
application for the grant containing such information as the
Secretary of Transportation may require.
(2) Competitive selection.--The Secretary of Transportation
shall conduct a national solicitation for applications for
grants under this section and shall select grantees on a
competitive basis.
(e) Federal Share.--The Federal share of the cost of a
project under this section shall not exceed 80 percent of the
project cost.
(f) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report on the results of the pilot
program carried out under this section.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Transportation
$10,000,000 for each of the fiscal years 2008 through 2011 to
carry out this section. Such funds shall remain available
until expended.
SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III
RAILROADS.
(a) Amendment.--Chapter 223 of title 49, United States
Code, is amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS
``Sec.
``22301. Capital grants for class II and class III railroads.
``Sec. 22301. Capital grants for class II and class III
railroads
``(a) Establishment of Program.--
[[Page H16728]]
``(1) Establishment.--The Secretary of Transportation shall
establish a program for making capital grants to class II and
class III railroads. Such grants shall be for projects in the
public interest that--
``(A)(i) rehabilitate, preserve, or improve railroad track
(including roadbed, bridges, and related track structures)
used primarily for freight transportation;
``(ii) facilitate the continued or greater use of railroad
transportation for freight shipments; and
``(iii) reduce the use of less fuel efficient modes of
transportation in the transportation of such shipments; and
``(B) demonstrate innovative technologies and advanced
research and development that increase fuel economy, reduce
greenhouse gas emissions, and lower the costs of operation.
``(2) Provision of grants.--Grants may be provided under
this chapter--
``(A) directly to the class II or class III railroad; or
``(B) with the concurrence of the class II or class III
railroad, to a State or local government.
``(3) State cooperation.--Class II and class III railroad
applicants for a grant under this chapter are encouraged to
utilize the expertise and assistance of State transportation
agencies in applying for and administering such grants. State
transportation agencies are encouraged to provide such
expertise and assistance to such railroads.
``(4) Regulations.--Not later than October 1, 2008, the
Secretary shall issue final regulations to implement the
program under this section.
``(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent
of the project cost. The non-Federal share may be provided by
any non-Federal source in cash, equipment, or supplies. Other
in-kind contributions may be approved by the Secretary on a
case-by-case basis consistent with this chapter.
``(c) Use of Funds.--Grants provided under this section
shall be used to implement track capital projects as soon as
possible. In no event shall grant funds be contractually
obligated for a project later than the end of the third
Federal fiscal year following the year in which the grant was
awarded. Any funds not so obligated by the end of such fiscal
year shall be returned to the Secretary for reallocation.
``(d) Employee Protection.--The Secretary shall require as
a condition of any grant made under this section that the
recipient railroad provide a fair arrangement at least as
protective of the interests of employees who are affected by
the project to be funded with the grant as the terms imposed
under section 11326(a), as in effect on the date of the
enactment of this chapter.
``(e) Labor Standards.--
``(1) Prevailing wages.--The Secretary shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant made
under this section will be paid wages not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor under subchapter IV of
chapter 31 of title 40 (commonly known as the `Davis-Bacon
Act'). The Secretary shall make a grant under this section
only after being assured that required labor standards will
be maintained on the construction work.
``(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C.
151 et seq.) are deemed for purposes of this subsection to
comply with the subchapter IV of chapter 31 of title 40.
``(f) Study.--The Secretary shall conduct a study of the
projects carried out with grant assistance under this section
to determine the extent to which the program helps promote a
reduction in fuel use associated with the transportation of
freight and demonstrates innovative technologies that
increase fuel economy, reduce greenhouse gas emissions, and
lower the costs of operation. Not later than March 31, 2009,
the Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the study, including any
recommendations the Secretary considers appropriate regarding
the program.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $50,000,000 for each of
fiscal years 2008 through 2011 for carrying out this
section.''.
(b) Clerical Amendment.--The item relating to chapter 223
in the table of chapters of subtitle V of title 49, United
States Code, is amended to read as follows:
``223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.22301''.....
Subtitle C--Marine Transportation
SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE.
(a) In General.--Title 46, United States Code, is amended
by adding after chapter 555 the following:
``CHAPTER 556--SHORT SEA TRANSPORTATION
``Sec. 55601. Short sea transportation program.
``Sec. 55602. Cargo and shippers.
``Sec. 55603. Interagency coordination.
``Sec. 55604. Research on short sea transportation.
``Sec. 55605. Short sea transportation defined.
``Sec. 55601. Short sea transportation program
``(a) Establishment.--The Secretary of Transportation shall
establish a short sea transportation program and designate
short sea transportation projects to be conducted under the
program to mitigate landside congestion.
``(b) Program Elements.--The program shall encourage the
use of short sea transportation through the development and
expansion of--
``(1) documented vessels;
``(2) shipper utilization;
``(3) port and landside infrastructure; and
``(4) marine transportation strategies by State and local
governments.
``(c) Short Sea Transportation Routes.--The Secretary shall
designate short sea transportation routes as extensions of
the surface transportation system to focus public and private
efforts to use the waterways to relieve landside congestion
along coastal corridors. The Secretary may collect and
disseminate data for the designation and delineation of short
sea transportation routes.
``(d) Project Designation.--The Secretary may designate a
project to be a short sea transportation project if the
Secretary determines that the project may--
``(1) offer a waterborne alternative to available landside
transportation services using documented vessels; and
``(2) provide transportation services for passengers or
freight (or both) that may reduce congestion on landside
infrastructure using documented vessels.
``(e) Elements of Program.--For a short sea transportation
project designated under this section, the Secretary may--
``(1) promote the development of short sea transportation
services;
``(2) coordinate, with ports, State departments of
transportation, localities, other public agencies, and the
private sector and on the development of landside facilities
and infrastructure to support short sea transportation
services; and
``(3) develop performance measures for the short sea
transportation program.
``(f) Multistate, State and Regional Transportation
Planning.--The Secretary, in consultation with Federal
entities and State and local governments, shall develop
strategies to encourage the use of short sea transportation
for transportation of passengers and cargo. The Secretary
shall--
``(1) assess the extent to which States and local
governments include short sea transportation and other marine
transportation solutions in their transportation planning;
``(2) encourage State departments of transportation to
develop strategies, where appropriate, to incorporate short
sea transportation, ferries, and other marine transportation
solutions for regional and interstate transport of freight
and passengers in their transportation planning; and
``(3) encourage groups of States and multi-State
transportation entities to determine how short sea
transportation can address congestion, bottlenecks, and other
interstate transportation challenges.
``Sec. 55602. Cargo and shippers
``(a) Memorandums of Agreement.--The Secretary of
Transportation shall enter into memorandums of understanding
with the heads of other Federal entities to transport
federally owned or generated cargo using a short sea
transportation project designated under section 55601 when
practical or available.
``(b) Short-Term Incentives.--The Secretary shall consult
shippers and other participants in transportation logistics
and develop proposals for short-term incentives to encourage
the use of short sea transportation.
``Sec. 55603. Interagency coordination
``The Secretary of Transportation shall establish a board
to identify and seek solutions to impediments hindering
effective use of short sea transportation. The board shall
include representatives of the Environmental Protection
Agency and other Federal, State, and local governmental
entities and private sector entities.
``Sec. 55604. Research on short sea transportation
``The Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, may
conduct research on short sea transportation, regarding--
``(1) the environmental and transportation benefits to be
derived from short sea transportation alternatives for other
forms of transportation;
``(2) technology, vessel design, and other improvements
that would reduce emissions, increase fuel economy, and lower
costs of short sea transportation and increase the efficiency
of intermodal transfers; and
``(3) solutions to impediments to short sea transportation
projects designated under section 55601.
``Sec. 55605. Short sea transportation defined
``In this chapter, the term `short sea transportation'
means the carriage by vessel of cargo--
``(1) that is--
``(A) contained in intermodal cargo containers and loaded
by crane on the vessel; or
``(B) loaded on the vessel by means of wheeled technology;
and
``(2) that is--
``(A) loaded at a port in the United States and unloaded
either at another port in the United States or at a port in
Canada located in the Great Lakes Saint Lawrence Seaway
System; or
``(B) loaded at a port in Canada located in the Great Lakes
Saint Lawrence Seaway System and unloaded at a port in the
United States.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle V of such title is amended by inserting
after the item relating to chapter 555 the following:
``556. Short Sea Transportation............................55601''.....
(c) Regulations.--
(1) Interim regulations.--Not later than 90 days after the
date of enactment of this Act, the Secretary of
Transportation shall issue temporary regulations to implement
the program under this section. Subchapter II of chapter 5 of
title 5, United States Code, does not apply to a temporary
regulation issued under this paragraph or to an amendment to
such a temporary regulation.
[[Page H16729]]
(2) Final regulations.--Not later than October 1, 2008, the
Secretary of Transportation shall issue final regulations to
implement the program under this section.
SEC. 1122. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL
CONSTRUCTION FUND.
(a) Definition of Qualified Vessel.--Section 53501 of title
46, United States Code, is amended--
(1) in paragraph (5)(A)(iii) by striking ``or noncontiguous
domestic'' and inserting ``noncontiguous domestic, or short
sea transportation trade''; and
(2) by inserting after paragraph (6) the following:
``(7) Short sea transportation trade.--The term `short sea
transportation trade' means the carriage by vessel of cargo--
``(A) that is--
``(i) contained in intermodal cargo containers and loaded
by crane on the vessel; or
``(ii) loaded on the vessel by means of wheeled technology;
and
``(B) that is--
``(i) loaded at a port in the United States and unloaded
either at another port in the United States or at a port in
Canada located in the Great Lakes Saint Lawrence Seaway
System; or
``(ii) loaded at a port in Canada located in the Great
Lakes Saint Lawrence Seaway System and unloaded at a port in
the United States.''.
(b) Allowable Purpose.--Section 53503(b) of such title is
amended by striking ``or noncontiguous domestic trade'' and
inserting ``noncontiguous domestic, or short sea
transportation trade''.
SEC. 1123. SHORT SEA TRANSPORTATION REPORT.
Not later than one year after the date of enactment of this
Act, the Secretary of Transportation, in consultation with
the Administrator of the Environmental Protection Agency,
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the short sea transportation program
established under the amendments made by section 1121. The
report shall include a description of the activities
conducted under the program, and any recommendations for
further legislative or administrative action that the
Secretary of Transportation considers appropriate.
Subtitle D--Highways
SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.
Section 120(c) of title 23, United States Code, is
amended--
(1) in the subsection heading by striking ``for Certain
Safety Projects'';
(2) by striking ``The Federal share'' and inserting the
following:
``(1) Certain safety projects.--The Federal share''; and
(3) by adding at the end the following:
``(2) CMAQ projects.--The Federal share payable on account
of a project or program carried out under section 149 with
funds obligated in fiscal year 2008 or 2009, or both, shall
be not less than 80 percent and, at the discretion of the
State, may be up to 100 percent of the cost thereof.''.
SEC. 1132. DISTRIBUTION OF RESCISSIONS.
(a) In General.--Any unobligated balances of amounts that
are appropriated from the Highway Trust Fund for a fiscal
year, and apportioned under chapter 1 of title 23, United
States Code, before, on, or after the date of enactment of
this Act and that are rescinded in fiscal year 2008 or fiscal
year 2009 shall be distributed by the Secretary of
Transportation within each State (as defined in section 101
of such title) among all programs for which funds are
apportioned under such chapter for such fiscal year, to the
extent sufficient funds remain available for obligation, in
the ratio that the amount of funds apportioned for each
program under such chapter for such fiscal year, bears to the
amount of funds apportioned for all such programs under such
chapter for such fiscal year.
(b) Adjustments.--A State may make adjustments to the
distribution of a rescission within the State for a fiscal
year under subsection (a) by transferring the amounts to be
rescinded among the programs for which funds are apportioned
under chapter 1 of title 23, United States Code, for such
fiscal year, except that in making such adjustments the State
may not rescind from any such program more than 110 percent
of the funds to be rescinded from the program for the fiscal
year as determined by the Secretary of Transportation under
subsection (a).
(c) Treatment of Transportation Enhancement Set-Aside and
Funds Suballocated to Substate Areas.--Funds set aside under
sections 133(d)(2) and 133(d)(3) of title 23, United States
Code, shall be treated as being apportioned under chapter 1
of such title for purposes of subsection (a).
SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE
STREETS DESIGN TECHNIQUES.
It is the sense of Congress that in constructing new
roadways or rehabilitating existing facilities, State and
local governments should consider policies designed to
accommodate all users, including motorists, pedestrians,
cyclists, transit riders, and people of all ages and
abilities, in order to--
(1) serve all surface transportation users by creating a
more interconnected and intermodal system;
(2) create more viable transportation options; and
(3) facilitate the use of environmentally friendly options,
such as public transportation, walking, and bicycling.
TITLE XII--SMALL BUSINESS ENERGY PROGRAMS
SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C.
636(a)(31)) is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph--
``(I) the term `biomass'--
``(aa) means any organic material that is available on a
renewable or recurring basis, including--
``(AA) agricultural crops;
``(BB) trees grown for energy production;
``(CC) wood waste and wood residues;
``(DD) plants (including aquatic plants and grasses);
``(EE) residues;
``(FF) fibers;
``(GG) animal wastes and other waste materials; and
``(HH) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(bb) does not include--
``(AA) paper that is commonly recycled; or
``(BB) unsegregated solid waste;
``(II) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(III) the term `renewable energy system' means a system
of energy derived from--
``(aa) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(bb) hydrogen derived from biomass or water using an
energy source described in item (aa).
``(ii) Loans.--The Administrator may make a loan under the
Express Loan Program for the purpose of--
``(I) purchasing a renewable energy system; or
``(II) carrying out an energy efficiency project for a
small business concern.''.
SEC. 1202. PILOT PROGRAM FOR REDUCED 7(A) FEES FOR PURCHASE
OF ENERGY EFFICIENT TECHNOLOGIES.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a))
is amended by adding at the end the following:
``(32) Loans for energy efficient technologies.--
``(A) Definitions.--In this paragraph--
``(i) the term `cost' has the meaning given that term in
section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a);
``(ii) the term `covered energy efficiency loan' means a
loan--
``(I) made under this subsection; and
``(II) the proceeds of which are used to purchase energy
efficient designs, equipment, or fixtures, or to reduce the
energy consumption of the borrower by 10 percent or more; and
``(iii) the term `pilot program' means the pilot program
established under subparagraph (B)
``(B) Establishment.--The Administrator shall establish and
carry out a pilot program under which the Administrator shall
reduce the fees for covered energy efficiency loans.
``(C) Duration.--The pilot program shall terminate at the
end of the second full fiscal year after the date that the
Administrator establishes the pilot program.
``(D) Maximum participation.--A covered energy efficiency
loan shall include the maximum participation levels by the
Administrator permitted for loans made under this subsection.
``(E) Fees.--
``(i) In general.--The fee on a covered energy efficiency
loan shall be equal to 50 percent of the fee otherwise
applicable to that loan under paragraph (18).
``(ii) Waiver.--The Administrator may waive clause (i) for
a fiscal year if--
``(I) for the fiscal year before that fiscal year, the
annual rate of default of covered energy efficiency loans
exceeds that of loans made under this subsection that are not
covered energy efficiency loans;
``(II) the cost to the Administration of making loans under
this subsection is greater than zero and such cost is
directly attributable to the cost of making covered energy
efficiency loans; and
``(III) no additional sources of revenue authority are
available to reduce the cost of making loans under this
subsection to zero.
``(iii) Effect of waiver.--If the Administrator waives the
reduction of fees under clause (ii), the Administrator--
``(I) shall not assess or collect fees in an amount greater
than necessary to ensure that the cost of the program under
this subsection is not greater than zero; and
``(II) shall reinstate the fee reductions under clause (i)
when the conditions in clause (ii) no longer apply.
``(iv) No increase of fees.--The Administrator shall not
increase the fees under paragraph (18) on loans made under
this subsection that are not covered energy efficiency loans
as a direct result of the pilot program.
``(F) GAO report.--
``(i) In general.--Not later than 1 year after the date
that the pilot program terminates, the Comptroller General of
the United States shall submit to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report on
the pilot program.
``(ii) Contents.--The report submitted under clause (i)
shall include--
``(I) the number of covered energy efficiency loans for
which fees were reduced under the pilot program;
``(II) a description of the energy efficiency savings with
the pilot program;
``(III) a description of the impact of the pilot program on
the program under this subsection;
``(IV) an evaluation of the efficacy and potential fraud
and abuse of the pilot program; and
``(V) recommendations for improving the pilot program.''.
SEC. 1203. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
[[Page H16730]]
(2) the term ``association'' means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C.
648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(4) the term ``Efficiency Program'' means the Small
Business Energy Efficiency Program established under
subsection (c)(1);
(5) the term ``electric utility'' has the meaning given
that term in section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602);
(6) the term ``high performance green building'' has the
meaning given that term in section 401;
(7) the term ``on-bill financing'' means a low interest or
no interest financing agreement between a small business
concern and an electric utility for the purchase or
installation of equipment, under which the regularly
scheduled payment of that small business concern to that
electric utility is not reduced by the amount of the
reduction in cost attributable to the new equipment and that
amount is credited to the electric utility, until the cost of
the purchase or installation is repaid;
(8) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632);
(9) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(10) the term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances which reduce or eliminate the need to commute;
(11) the term ``Telecommuting Pilot Program'' means the
pilot program established under subsection (d)(1)(A); and
(12) the term ``veteran'' has the meaning given that term
in section 101 of title 38, United States Code.
(b) Implementation of Small Business Energy Efficiency
Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate
final rules establishing the Government-wide program
authorized under subsection (d) of section 337 of the Energy
Policy and Conservation Act (42 U.S.C. 6307) that ensure
compliance with that subsection by not later than 6 months
after such date of enactment.
(2) Program required.--The Administrator shall develop and
coordinate a Government-wide program, building on the Energy
Star for Small Business program, to assist small business
concerns in--
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy
efficiency; and
(C) identifying financing options for energy efficiency
upgrades.
(3) Consultation and cooperation.--The program required by
paragraph (2) shall be developed and coordinated--
(A) in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency; and
(B) in cooperation with any entities the Administrator
considers appropriate, such as industry trade associations,
industry members, and energy efficiency organizations.
(4) Availability of information.--The Administrator shall
make available the information and materials developed under
the program required by paragraph (2) to--
(A) small business concerns, including smaller design,
engineering, and construction firms; and
(B) other Federal programs for energy efficiency, such as
the Energy Star for Small Business program.
(5) Strategy and report.--
(A) Strategy required.--The Administrator shall develop a
strategy to educate, encourage, and assist small business
concerns in adopting energy efficient building fixtures and
equipment.
(B) Report.--Not later than December 31, 2008, the
Administrator shall submit to Congress a report containing a
plan to implement the strategy developed under subparagraph
(A).
(c) Small Business Sustainability Initiative.--
(1) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Program to provide energy
efficiency assistance to small business concerns through
small business development centers.
(2) Small business development centers.--
(A) In general.--In carrying out the Efficiency Program,
the Administrator shall enter into agreements with small
business development centers under which such centers shall--
(i) provide access to information and resources on energy
efficiency practices, including on-bill financing options;
(ii) conduct training and educational activities;
(iii) offer confidential, free, one-on-one, in-depth energy
audits to the owners and operators of small business concerns
regarding energy efficiency practices;
(iv) give referrals to certified professionals and other
providers of energy efficiency assistance who meet such
standards for educational, technical, and professional
competency as the Administrator shall establish;
(v) to the extent not inconsistent with controlling State
public utility regulations, act as a facilitator between
small business concerns, electric utilities, lenders, and the
Administration to facilitate on-bill financing arrangements;
(vi) provide necessary support to small business concerns
to--
(I) evaluate energy efficiency opportunities and
opportunities to design or construct high performance green
buildings;
(II) evaluate renewable energy sources, such as the use of
solar and small wind to supplement power consumption;
(III) secure financing to achieve energy efficiency or to
design or construct high performance green buildings; and
(IV) implement energy efficiency projects;
(vii) assist owners of small business concerns with the
development and commercialization of clean technology
products, goods, services, and processes that use renewable
energy sources, dramatically reduce the use of natural
resources, and cut or eliminate greenhouse gas emissions
through--
(I) technology assessment;
(II) intellectual property;
(III) Small Business Innovation Research submissions under
section 9 of the Small Business Act (15 U.S.C. 638);
(IV) strategic alliances;
(V) business model development; and
(VI) preparation for investors; and
(viii) help small business concerns improve environmental
performance by shifting to less hazardous materials and
reducing waste and emissions, including by providing
assistance for small business concerns to adapt the materials
they use, the processes they operate, and the products and
services they produce.
(B) Reports.--Each small business development center
participating in the Efficiency Program shall submit to the
Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes--
(i) a summary of the energy efficiency assistance provided
by that center under the Efficiency Program;
(ii) the number of small business concerns assisted by that
center under the Efficiency Program;
(iii) statistics on the total amount of energy saved as a
result of assistance provided by that center under the
Efficiency Program; and
(iv) any additional information determined necessary by the
Administrator, in consultation with the association.
(C) Reports to congress.--Not later than 60 days after the
date on which all reports under subparagraph (B) relating to
a year are submitted, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report summarizing the information
regarding the Efficiency Program submitted by small business
development centers participating in that program.
(3) Eligibility.--A small business development center shall
be eligible to participate in the Efficiency Program only if
that center is certified under section 21(k)(2) of the Small
Business Act (15 U.S.C. 648(k)(2)).
(4) Selection of participating state programs.--From among
small business development centers submitting applications to
participate in the Efficiency Program, the Administrator--
(A) shall, to the maximum extent practicable, select small
business development centers in such a manner so as to
promote a nationwide distribution of centers participating in
the Efficiency Program; and
(B) may not select more than 1 small business development
center in a State to participate in the Efficiency Program.
(5) Matching requirement.--Subparagraphs (A) and (B) of
section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Program.
(6) Grant amounts.--Each small business development center
selected to participate in the Efficiency Program under
paragraph (4) shall be eligible to receive a grant in an
amount equal to--
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) Evaluation and report.--The Comptroller General of the
United States shall--
(A) not later than 30 months after the date of disbursement
of the first grant under the Efficiency Program, initiate an
evaluation of that program; and
(B) not later than 6 months after the date of the
initiation of the evaluation under subparagraph (A), submit
to the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report
containing--
(i) the results of the evaluation; and
(ii) any recommendations regarding whether the Efficiency
Program, with or without modification, should be extended to
include the participation of all small business development
centers.
(8) Guarantee.--To the extent not inconsistent with State
law, the Administrator may guarantee the timely payment of a
loan made to a small business concern through an on-bill
financing agreement on such terms and conditions as the
Administrator shall establish through a formal rule making,
after providing notice and an opportunity for comment.
(9) Implementation.--Subject to amounts approved in advance
in appropriations Acts and separate from amounts approved to
carry out section 21(a)(1) of the Small Business Act (15
U.S.C. 648(a)(1)), the Administrator may make grants or enter
into cooperative agreements to carry out this subsection.
(10) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to make grants
and enter into cooperative agreements to carry out this
subsection.
(11) Termination.--The authority under this subsection
shall terminate 4 years after the date of disbursement of the
first grant under the Efficiency Program.
(d) Small Business Telecommuting.--
(1) Pilot program.--
(A) In general.--The Administrator shall conduct, in not
more than 5 of the regions of the
[[Page H16731]]
Administration, a pilot program to provide information
regarding telecommuting to employers that are small business
concerns and to encourage such employers to offer
telecommuting options to employees.
(B) Special outreach to individuals with disabilities.--In
carrying out the Telecommuting Pilot Program, the
Administrator shall make a concerted effort to provide
information to--
(i) small business concerns owned by or employing
individuals with disabilities, particularly veterans who are
individuals with disabilities;
(ii) Federal, State, and local agencies having knowledge
and expertise in assisting individuals with disabilities,
including veterans who are individuals with disabilities; and
(iii) any group or organization, the primary purpose of
which is to aid individuals with disabilities or veterans who
are individuals with disabilities.
(C) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(i) produce educational materials and conduct presentations
designed to raise awareness in the small business community
of the benefits and the ease of telecommuting;
(ii) conduct outreach--
(I) to small business concerns that are considering
offering telecommuting options; and
(II) as provided in subparagraph (B); and
(iii) acquire telecommuting technologies and equipment to
be used for demonstration purposes.
(D) Selection of regions.--In determining which regions
will participate in the Telecommuting Pilot Program, the
Administrator shall give priority consideration to regions in
which Federal agencies and private-sector employers have
demonstrated a strong regional commitment to telecommuting.
(2) Report to congress.--Not later than 2 years after the
date on which funds are first appropriated to carry out this
subsection, the Administrator shall transmit to the Committee
on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the results of an evaluation of the
Telecommuting Pilot Program and any recommendations regarding
whether the pilot program, with or without modification,
should be extended to include the participation of all
regions of the Administration.
(3) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this subsection.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administration $5,000,000 to carry
out this subsection.
(e) Encouraging Innovation in Energy Efficiency.--Section 9
of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying
out its duties under this section relating to SBIR and STTR
solicitations by Federal departments and agencies, the
Administrator shall--
``(A) ensure that such departments and agencies give high
priority to small business concerns that participate in or
conduct energy efficiency or renewable energy system research
and development projects; and
``(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
``(2) Consultation required.--The Administrator shall
consult with the heads of other Federal departments and
agencies in determining whether priority has been given to
small business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects, as required by this subsection.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection,
issue guidelines and directives to assist Federal agencies in
meeting the requirements of this subsection.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is available on a
renewable or recurring basis, including--
``(I) agricultural crops;
``(II) trees grown for energy production;
``(III) wood waste and wood residues;
``(IV) plants (including aquatic plants and grasses);
``(V) residues;
``(VI) fibers;
``(VII) animal wastes and other waste materials; and
``(VIII) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(ii) does not include--
``(I) paper that is commonly recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(C) the term `renewable energy system' means a system of
energy derived from--
``(i) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(ii) hydrogen derived from biomass or water using an
energy source described in clause (i).''.
SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP
ENERGY EFFICIENT TECHNOLOGIES AND PURCHASES.
(a) Eligibility for Energy Efficiency Projects.--Section
501(d)(3) of the Small Business Investment Act of 1958 (15
U.S.C. 695(d)(3)) is amended--
(1) in subparagraph (G) by striking ``or'' at the end;
(2) in subparagraph (H) by striking the period at the end
and inserting a comma;
(3) by inserting after subparagraph (H) the following:
``(I) reduction of energy consumption by at least 10
percent,
``(J) increased use of sustainable design, including
designs that reduce the use of greenhouse gas emitting fossil
fuels, or low-impact design to produce buildings that reduce
the use of non-renewable resources and minimize environmental
impact, or
``(K) plant, equipment and process upgrades of renewable
energy sources such as the small-scale production of energy
for individual buildings or communities consumption, commonly
known as micropower, or renewable fuels producers including
biodiesel and ethanol producers.''; and
(4) by adding at the end the following: ``In subparagraphs
(J) and (K), terms have the meanings given those terms under
the Leadership in Energy and Environmental Design (LEED)
standard for green building certification, as determined by
the Administrator.''.
(b) Loans for Plant Projects Used for Energy-Efficient
Purposes.--Section 502(2)(A) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(2)(A)) is amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) in clause (iii) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iv) $4,000,000 for each project that reduces the
borrower's energy consumption by at least 10 percent; and
``(v) $4,000,000 for each project that generates renewable
energy or renewable fuels, such as biodiesel or ethanol
production.''.
SEC. 1205. ENERGY SAVING DEBENTURES.
(a) In General.--Section 303 of the Small Business
Investment Act of 1958 (15 U.S.C. 683) is amended by adding
at the end the following:
``(k) Energy Saving Debentures.--In addition to any other
authority under this Act, a small business investment company
licensed in the first fiscal year after the date of enactment
of this subsection or any fiscal year thereafter may issue
Energy Saving debentures.''.
(b) Definitions.--Section 103 of the Small Business
Investment Act of 1958 (15 U.S.C. 662) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) in paragraph (17), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(18) the term `Energy Saving debenture' means a deferred
interest debenture that--
``(A) is issued at a discount;
``(B) has a 5-year maturity or a 10-year maturity;
``(C) requires no interest payment or annual charge for the
first 5 years;
``(D) is restricted to Energy Saving qualified investments;
and
``(E) is issued at no cost (as defined in section 502 of
the Credit Reform Act of 1990) with respect to purchasing and
guaranteeing the debenture; and
``(19) the term `Energy Saving qualified investment' means
investment in a small business concern that is primarily
engaged in researching, manufacturing, developing, or
providing products, goods, or services that reduce the use or
consumption of non-renewable energy resources.''.
SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.
(a) Maximum Leverage.--Section 303(b)(2) of the Small
Business Investment Act of 1958 (15 U.S.C. 303(b)(2)) is
amended by adding at the end the following:
``(D) Investments in energy saving small businesses.--
``(i) In general.--Subject to clause (ii), in calculating
the outstanding leverage of a company for purposes of
subparagraph (A), the Administrator shall exclude the amount
of the cost basis of any Energy Saving qualified investment
in a smaller enterprise made in the first fiscal year after
the date of enactment of this subparagraph or any fiscal year
thereafter by a company licensed in the applicable fiscal
year.
``(ii) Limitations.--
``(I) Amount of exclusion.--The amount excluded under
clause (i) for a company shall not exceed 33 percent of the
private capital of that company.
``(II) Maximum investment.--A company shall not make an
Energy Saving qualified investment in any one entity in an
amount equal to more than 20 percent of the private capital
of that company.
``(III) Other terms.--The exclusion of amounts under clause
(i) shall be subject to such terms as the Administrator may
impose to ensure that there is no cost (as that term is
defined in section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a)) with respect to purchasing or
guaranteeing any debenture involved.''.
(b) Maximum Aggregate Amount of Leverage.--Section
303(b)(4) of the Small Business Investment Act of 1958 (15
U.S.C. 303(b)(4)) is amended by adding at the end the
following:
``(E) Investments in energy saving small businesses.--
``(i) In general.--Subject to clause (ii), in calculating
the aggregate outstanding leverage of a company for purposes
of subparagraph (A), the Administrator shall exclude the
amount of the cost basis of any Energy Saving qualified
investment in a smaller enterprise made in the first fiscal
year after the date of enactment of this subparagraph or any
fiscal year thereafter by a company licensed in the
applicable fiscal year.
``(ii) Limitations.--
``(I) Amount of exclusion.--The amount excluded under
clause (i) for a company shall not exceed 33 percent of the
private capital of that company.
[[Page H16732]]
``(II) Maximum investment.--A company shall not make an
Energy Saving qualified investment in any one entity in an
amount equal to more than 20 percent of the private capital
of that company.
``(III) Other terms.--The exclusion of amounts under clause
(i) shall be subject to such terms as the Administrator may
impose to ensure that there is no cost (as that term is
defined in section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a)) with respect to purchasing or
guaranteeing any debenture involved.''.
SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.
Title III of the Small Business Investment Act of 1958 (15
U.S.C. 681 et seq.) is amended by adding at the end the
following:
``PART C--RENEWABLE FUEL CAPITAL INVESTMENT PILOT PROGRAM
``SEC. 381. DEFINITIONS.
``In this part:
``(1) Operational assistance.--The term `operational
assistance' means management, marketing, and other technical
assistance that assists a small business concern with
business development.
``(2) Participation agreement.--The term `participation
agreement' means an agreement, between the Administrator and
a company granted final approval under section 384(e), that--
``(A) details the operating plan and investment criteria of
the company; and
``(B) requires the company to make investments in smaller
enterprises primarily engaged in researching, manufacturing,
developing, producing, or bringing to market goods, products,
or services that generate or support the production of
renewable energy.
``(3) Renewable energy.--The term `renewable energy' means
energy derived from resources that are regenerative or that
cannot be depleted, including solar, wind, ethanol, and
biodiesel fuels.
``(4) Renewable fuel capital investment company.--The term
`Renewable Fuel Capital Investment company' means a company--
``(A) that--
``(i) has been granted final approval by the Administrator
under section 384(e); and
``(ii) has entered into a participation agreement with the
Administrator; or
``(B) that has received conditional approval under section
384(c).
``(5) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
``(6) Venture capital.--The term `venture capital' means
capital in the form of equity capital investments, as that
term is defined in section 303(g)(4).
``SEC. 382. PURPOSES.
``The purposes of the Renewable Fuel Capital Investment
Program established under this part are--
``(1) to promote the research, development, manufacture,
production, and bringing to market of goods, products, or
services that generate or support the production of renewable
energy by encouraging venture capital investments in smaller
enterprises primarily engaged such activities; and
``(2) to establish a venture capital program, with the
mission of addressing the unmet equity investment needs of
smaller enterprises engaged in researching, developing,
manufacturing, producing, and bringing to market goods,
products, or services that generate or support the production
of renewable energy, to be administered by the
Administrator--
``(A) to enter into participation agreements with Renewable
Fuel Capital Investment companies;
``(B) to guarantee debentures of Renewable Fuel Capital
Investment companies to enable each such company to make
venture capital investments in smaller enterprises engaged in
the research, development, manufacture, production, and
bringing to market of goods, products, or services that
generate or support the production of renewable energy; and
``(C) to make grants to Renewable Fuel Investment Capital
companies, and to other entities, for the purpose of
providing operational assistance to smaller enterprises
financed, or expected to be financed, by such companies.
``SEC. 383. ESTABLISHMENT.
``The Administrator shall establish a Renewable Fuel
Capital Investment Program, under which the Administrator
may--
``(1) enter into participation agreements for the purposes
described in section 382; and
``(2) guarantee the debentures issued by Renewable Fuel
Capital Investment companies as provided in section 385.
``SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT
COMPANIES.
``(a) Eligibility.--A company is eligible to apply to be
designated as a Renewable Fuel Capital Investment company if
the company--
``(1) is a newly formed for-profit entity or a newly formed
for-profit subsidiary of an existing entity;
``(2) has a management team with experience in alternative
energy financing or relevant venture capital financing; and
``(3) has a primary objective of investment in smaller
enterprises that research, manufacture, develop, produce, or
bring to market goods, products, or services that generate or
support the production of renewable energy.
``(b) Application.--A company desiring to be designated as
a Renewable Fuel Capital Investment company shall submit an
application to the Administrator that includes--
``(1) a business plan describing how the company intends to
make successful venture capital investments in smaller
enterprises primarily engaged in the research, manufacture,
development, production, or bringing to market of goods,
products, or services that generate or support the production
of renewable energy;
``(2) information regarding the relevant venture capital
qualifications and general reputation of the management of
the company;
``(3) a description of how the company intends to seek to
address the unmet capital needs of the smaller enterprises
served;
``(4) a proposal describing how the company intends to use
the grant funds provided under this part to provide
operational assistance to smaller enterprises financed by the
company, including information regarding whether the company
has employees with appropriate professional licenses or will
contract with another entity when the services of such an
individual are necessary;
``(5) with respect to binding commitments to be made to the
company under this part, an estimate of the ratio of cash to
in-kind contributions;
``(6) a description of whether and to what extent the
company meets the criteria under subsection (c)(2) and the
objectives of the program established under this part;
``(7) information regarding the management and financial
strength of any parent firm, affiliated firm, or any other
firm essential to the success of the business plan of the
company; and
``(8) such other information as the Administrator may
require.
``(c) Conditional Approval.--
``(1) In general.--From among companies submitting
applications under subsection (b), the Administrator shall
conditionally approve companies to operate as Renewable Fuel
Capital Investment companies.
``(2) Selection criteria.--In conditionally approving
companies under paragraph (1), the Administrator shall
consider--
``(A) the likelihood that the company will meet the goal of
its business plan;
``(B) the experience and background of the management team
of the company;
``(C) the need for venture capital investments in the
geographic areas in which the company intends to invest;
``(D) the extent to which the company will concentrate its
activities on serving the geographic areas in which it
intends to invest;
``(E) the likelihood that the company will be able to
satisfy the conditions under subsection (d);
``(F) the extent to which the activities proposed by the
company will expand economic opportunities in the geographic
areas in which the company intends to invest;
``(G) the strength of the proposal by the company to
provide operational assistance under this part as the
proposal relates to the ability of the company to meet
applicable cash requirements and properly use in-kind
contributions, including the use of resources for the
services of licensed professionals, when necessary, whether
provided by employees or contractors; and
``(H) any other factor determined appropriate by the
Administrator.
``(3) Nationwide distribution.--From among companies
submitting applications under subsection (b), the
Administrator shall consider the selection criteria under
paragraph (2) and shall, to the maximum extent practicable,
approve at least one company from each geographic region of
the Administration.
``(d) Requirements To Be Met for Final Approval.--
``(1) In general.--The Administrator shall grant each
conditionally approved company 2 years to satisfy the
requirements of this subsection.
``(2) Capital requirement.--Each conditionally approved
company shall raise not less than $3,000,000 of private
capital or binding capital commitments from 1 or more
investors (which shall not be departments or agencies of the
Federal Government) who meet criteria established by the
Administrator.
``(3) Nonadministration resources for operational
assistance.--
``(A) In general.--In order to provide operational
assistance to smaller enterprises expected to be financed by
the company, each conditionally approved company shall have
binding commitments (for contribution in cash or in-kind)--
``(i) from sources other than the Administration that meet
criteria established by the Administrator; and
``(ii) payable or available over a multiyear period
determined appropriate by the Administrator (not to exceed 10
years).
``(B) Exception.--The Administrator may, in the discretion
of the Administrator and based upon a showing of special
circumstances and good cause, consider an applicant to have
satisfied the requirements of subparagraph (A) if the
applicant has--
``(i) a viable plan that reasonably projects the capacity
of the applicant to raise the amount (in cash or in-kind)
required under subparagraph (A); and
``(ii) binding commitments in an amount equal to not less
than 20 percent of the total amount required under paragraph
(A).
``(C) Limitation.--The total amount of a in-kind
contributions by a company shall be not more than 50 percent
of the total contributions by a company.
``(e) Final Approval; Designation.--The Administrator
shall, with respect to each applicant conditionally approved
under subsection (c)--
``(1) grant final approval to the applicant to operate as a
Renewable Fuel Capital Investment company under this part and
designate the applicant as such a company, if the applicant--
``(A) satisfies the requirements of subsection (d) on or
before the expiration of the time period described in that
subsection; and
[[Page H16733]]
``(B) enters into a participation agreement with the
Administrator; or
``(2) if the applicant fails to satisfy the requirements of
subsection (d) on or before the expiration of the time period
described in paragraph (1) of that subsection, revoke the
conditional approval granted under that subsection.
``SEC. 385. DEBENTURES.
``(a) In General.--The Administrator may guarantee the
timely payment of principal and interest, as scheduled, on
debentures issued by any Renewable Fuel Capital Investment
company.
``(b) Terms and Conditions.--The Administrator may make
guarantees under this section on such terms and conditions as
it determines appropriate, except that--
``(1) the term of any debenture guaranteed under this
section shall not exceed 15 years; and
``(2) a debenture guaranteed under this section--
``(A) shall carry no front-end or annual fees;
``(B) shall be issued at a discount;
``(C) shall require no interest payments during the 5-year
period beginning on the date the debenture is issued;
``(D) shall be prepayable without penalty after the end of
the 1-year period beginning on the date the debenture is
issued; and
``(E) shall require semiannual interest payments after the
period described in subparagraph (C).
``(c) Full Faith and Credit of the United States.--The full
faith and credit of the United States is pledged to pay all
amounts that may be required to be paid under any guarantee
under this part.
``(d) Maximum Guarantee.--
``(1) In general.--Under this section, the Administrator
may guarantee the debentures issued by a Renewable Fuel
Capital Investment company only to the extent that the total
face amount of outstanding guaranteed debentures of such
company does not exceed 150 percent of the private capital of
the company, as determined by the Administrator.
``(2) Treatment of certain federal funds.--For the purposes
of paragraph (1), private capital shall include capital that
is considered to be Federal funds, if such capital is
contributed by an investor other than a department or agency
of the Federal Government.
``SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES.
``(a) Issuance.--The Administrator may issue trust
certificates representing ownership of all or a fractional
part of debentures issued by a Renewable Fuel Capital
Investment company and guaranteed by the Administrator under
this part, if such certificates are based on and backed by a
trust or pool approved by the Administrator and composed
solely of guaranteed debentures.
``(b) Guarantee.--
``(1) In general.--The Administrator may, under such terms
and conditions as it determines appropriate, guarantee the
timely payment of the principal of and interest on trust
certificates issued by the Administrator or its agents for
purposes of this section.
``(2) Limitation.--Each guarantee under this subsection
shall be limited to the extent of principal and interest on
the guaranteed debentures that compose the trust or pool.
``(3) Prepayment or default.--If a debenture in a trust or
pool is prepaid, or in the event of default of such a
debenture, the guarantee of timely payment of principal and
interest on the trust certificates shall be reduced in
proportion to the amount of principal and interest such
prepaid debenture represents in the trust or pool. Interest
on prepaid or defaulted debentures shall accrue and be
guaranteed by the Administrator only through the date of
payment of the guarantee. At any time during its term, a
trust certificate may be called for redemption due to
prepayment or default of all debentures.
``(c) Full Faith and Credit of the United States.--The full
faith and credit of the United States is pledged to pay all
amounts that may be required to be paid under any guarantee
of a trust certificate issued by the Administrator or its
agents under this section.
``(d) Fees.--The Administrator shall not collect a fee for
any guarantee of a trust certificate under this section, but
any agent of the Administrator may collect a fee approved by
the Administrator for the functions described in subsection
(f)(2).
``(e) Subrogation and Ownership Rights.--
``(1) Subrogation.--If the Administrator pays a claim under
a guarantee issued under this section, it shall be subrogated
fully to the rights satisfied by such payment.
``(2) Ownership rights.--No Federal, State, or local law
shall preclude or limit the exercise by the Administrator of
its ownership rights in the debentures residing in a trust or
pool against which trust certificates are issued under this
section.
``(f) Management and Administration.--
``(1) Registration.--The Administrator may provide for a
central registration of all trust certificates issued under
this section.
``(2) Contracting of functions.--
``(A) In general.--The Administrator may contract with an
agent or agents to carry out on behalf of the Administrator
the pooling and the central registration functions provided
for in this section, including, not withstanding any other
provision of law--
``(i) maintenance, on behalf of and under the direction of
the Administrator, of such commercial bank accounts or
investments in obligations of the United States as may be
necessary to facilitate the creation of trusts or pools
backed by debentures guaranteed under this part; and
``(ii) the issuance of trust certificates to facilitate the
creation of such trusts or pools.
``(B) Fidelity bond or insurance requirement.--Any agent
performing functions on behalf of the Administrator under
this paragraph shall provide a fidelity bond or insurance in
such amounts as the Administrator determines to be necessary
to fully protect the interests of the United States.
``(3) Regulation of brokers and dealers.--The Administrator
may regulate brokers and dealers in trust certificates issued
under this section.
``(4) Electronic registration.--Nothing in this subsection
may be construed to prohibit the use of a book-entry or other
electronic form of registration for trust certificates issued
under this section.
``SEC. 387. FEES.
``(a) In General.--Except as provided in section 386(d),
the Administrator may charge such fees as it determines
appropriate with respect to any guarantee or grant issued
under this part, in an amount established annually by the
Administrator, as necessary to reduce to zero the cost (as
defined in section 502 of the Federal Credit Reform Act of
1990) to the Administration of purchasing and guaranteeing
debentures under this part, which amounts shall be paid to
and retained by the Administration.
``(b) Offset.--The Administrator may, as provided by
section 388, offset fees charged and collected under
subsection (a).
``SEC. 388. FEE CONTRIBUTION.
``(a) In General.--To the extent that amounts are made
available to the Administrator for the purpose of fee
contributions, the Administrator shall contribute to fees
paid by the Renewable Fuel Capital Investment companies under
section 387.
``(b) Annual Adjustment.--Each fee contribution under
subsection (a) shall be effective for 1 fiscal year and shall
be adjusted as necessary for each fiscal year thereafter to
ensure that amounts under subsection (a) are fully used. The
fee contribution for a fiscal year shall be based on the
outstanding commitments made and the guarantees and grants
that the Administrator projects will be made during that
fiscal year, given the program level authorized by law for
that fiscal year and any other factors that the Administrator
determines appropriate.
``SEC. 389. OPERATIONAL ASSISTANCE GRANTS.
``(a) In General.--
``(1) Authority.--The Administrator may make grants to
Renewable Fuel Capital Investment companies to provide
operational assistance to smaller enterprises financed, or
expected to be financed, by such companies or other entities.
``(2) Terms.--A grant under this subsection shall be made
over a multiyear period not to exceed 10 years, under such
other terms as the Administrator may require.
``(3) Grant amount.--The amount of a grant made under this
subsection to a Renewable Fuel Capital Investment company
shall be equal to the lesser of--
``(A) 10 percent of the resources (in cash or in kind)
raised by the company under section 384(d)(2); or
``(B) $1,000,000.
``(4) Pro rata reductions.--If the amount made available to
carry out this section is insufficient for the Administrator
to provide grants in the amounts provided for in paragraph
(3), the Administrator shall make pro rata reductions in the
amounts otherwise payable to each company and entity under
such paragraph.
``(5) Grants to conditionally approved companies.--
``(A) In general.--Subject to subparagraphs (B) and (C),
upon the request of a company conditionally approved under
section 384(c), the Administrator shall make a grant to the
company under this subsection.
``(B) Repayment by companies not approved.--If a company
receives a grant under this paragraph and does not enter into
a participation agreement for final approval, the company
shall, subject to controlling Federal law, repay the amount
of the grant to the Administrator.
``(C) Deduction of grant to approved company.--If a company
receives a grant under this paragraph and receives final
approval under section 384(e), the Administrator shall deduct
the amount of the grant from the total grant amount the
company receives for operational assistance.
``(D) Amount of grant.--No company may receive a grant of
more than $100,000 under this paragraph.
``(b) Supplemental Grants.--
``(1) In general.--The Administrator may make supplemental
grants to Renewable Fuel Capital Investment companies and to
other entities, as authorized by this part, under such terms
as the Administrator may require, to provide additional
operational assistance to smaller enterprises financed, or
expected to be financed, by the companies.
``(2) Matching requirement.--The Administrator may require,
as a condition of any supplemental grant made under this
subsection, that the company or entity receiving the grant
provide from resources (in a cash or in kind), other then
those provided by the Administrator, a matching contribution
equal to the amount of the supplemental grant.
``(c) Limitation.--None of the assistance made available
under this section may be used for any overhead or general
and administrative expense of a Renewable Fuel Capital
Investment company.
``SEC. 390. BANK PARTICIPATION.
``(a) In General.--Except as provided in subsection (b),
any national bank, any member bank of the Federal Reserve
System, and (to the extent permitted under applicable State
law) any insured bank that is not a member of such system,
may invest in any Renewable Fuel Capital Investment company,
or in any entity established to invest solely in Renewable
Fuel Capital Investment companies.
[[Page H16734]]
``(b) Limitation.--No bank described in subsection (a) may
make investments described in such subsection that are
greater than 5 percent of the capital and surplus of the
bank.
``SEC. 391. FEDERAL FINANCING BANK.
``Notwithstanding section 318, the Federal Financing Bank
may acquire a debenture issued by a Renewable Fuel Capital
Investment company under this part.
``SEC. 392. REPORTING REQUIREMENT.
``Each Renewable Fuel Capital Investment company that
participates in the program established under this part shall
provide to the Administrator such information as the
Administrator may require, including--
``(1) information related to the measurement criteria that
the company proposed in its program application; and
``(2) in each case in which the company makes, under this
part, an investment in, or a loan or a grant to, a business
that is not primarily engaged in the research, development,
manufacture, or bringing to market or renewable energy
sources, a report on the nature, origin, and revenues of the
business in which investments are made.
``SEC. 393. EXAMINATIONS.
``(a) In General.--Each Renewable Fuel Capital Investment
company that participates in the program established under
this part shall be subject to examinations made at the
direction of the Investment Division of the Administration in
accordance with this section.
``(b) Assistance of Private Sector Entities.--Examinations
under this section may be conducted with the assistance of a
private sector entity that has both the qualifications and
the expertise necessary to conduct such examinations.
``(c) Costs.--
``(1) Assessment.--
``(A) In general.--The Administrator may assess the cost of
examinations under this section, including compensation of
the examiners, against the company examined.
``(B) Payment.--Any company against which the Administrator
assesses costs under this paragraph shall pay such costs.
``(2) Deposit of funds.--Funds collected under this section
shall be deposited in the account for salaries and expenses
of the Administration.
``SEC. 394. MISCELLANEOUS.
``To the extent such procedures are not inconsistent with
the requirements of this part, the Administrator may take
such action as set forth in sections 309, 311, 312, and 314
and an officer, director, employee, agent, or other
participant in the management or conduct of the affairs of a
Renewable Fuel Capital Investment company shall be subject to
the requirements of such sections.
``SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS.
``Using the procedures for removing or suspending a
director or an officer of a licensee set forth in section 313
(to the extent such procedures are not inconsistent with the
requirements of this part), the Administrator may remove or
suspend any director or officer of any Renewable Fuel Capital
Investment company.
``SEC. 396. REGULATIONS.
``The Administrator may issue such regulations as the
Administrator determines necessary to carry out the
provisions of this part in accordance with its purposes.
``SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) In General.--Subject to the availability of
appropriations, the Administrator is authorized to make
$15,000,000 in operational assistance grants under section
389 for each of fiscal years 2008 and 2009.
``(b) Funds Collected for Examinations.--Funds deposited
under section 393(c)(2) are authorized to be appropriated
only for the costs of examinations under section 393 and for
the costs of other oversight activities with respect to the
program established under this part.
``SEC. 398. TERMINATION.
``The program under this part shall terminate at the end of
the second full fiscal year after the date that the
Administrator establishes the program under this part.''.
SEC. 1208. STUDY AND REPORT.
The Administrator of the Small Business Administration
shall conduct a study of the Renewable Fuel Capital
Investment Program under part C of title III of the Small
Business Investment Act of 1958, as added by this Act. Not
later than 3 years after the date of enactment of this Act,
the Administrator shall complete the study under this section
and submit to Congress a report regarding the results of the
study.
TITLE XIII--SMART GRID
SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF
ELECTRICITY GRID.
It is the policy of the United States to support the
modernization of the Nation's electricity transmission and
distribution system to maintain a reliable and secure
electricity infrastructure that can meet future demand growth
and to achieve each of the following, which together
characterize a Smart Grid:
(1) Increased use of digital information and controls
technology to improve reliability, security, and efficiency
of the electric grid.
(2) Dynamic optimization of grid operations and resources,
with full cyber-security.
(3) Deployment and integration of distributed resources and
generation, including renewable resources.
(4) Development and incorporation of demand response,
demand-side resources, and energy-efficiency resources.
(5) Deployment of ``smart'' technologies (real-time,
automated, interactive technologies that optimize the
physical operation of appliances and consumer devices) for
metering, communications concerning grid operations and
status, and distribution automation.
(6) Integration of ``smart'' appliances and consumer
devices.
(7) Deployment and integration of advanced electricity
storage and peak-shaving technologies, including plug-in
electric and hybrid electric vehicles, and thermal-storage
air conditioning.
(8) Provision to consumers of timely information and
control options.
(9) Development of standards for communication and
interoperability of appliances and equipment connected to the
electric grid, including the infrastructure serving the grid.
(10) Identification and lowering of unreasonable or
unnecessary barriers to adoption of smart grid technologies,
practices, and services.
SEC. 1302. SMART GRID SYSTEM REPORT.
The Secretary, acting through the Assistant Secretary of
the Office of Electricity Delivery and Energy Reliability
(referred to in this section as the ``OEDER'') and through
the Smart Grid Task Force established in section 1303, shall,
after consulting with any interested individual or entity as
appropriate, no later than one year after enactment, and
every two years thereafter, report to Congress concerning the
status of smart grid deployments nationwide and any
regulatory or government barriers to continued deployment.
The report shall provide the current status and prospects of
smart grid development, including information on technology
penetration, communications network capabilities, costs, and
obstacles. It may include recommendations for State and
Federal policies or actions helpful to facilitate the
transition to a smart grid. To the extent appropriate, it
should take a regional perspective. In preparing this report,
the Secretary shall solicit advice and contributions from the
Smart Grid Advisory Committee created in section 1303; from
other involved Federal agencies including but not limited to
the Federal Energy Regulatory Commission (``Commission''),
the National Institute of Standards and Technology
(``Institute''), and the Department of Homeland Security; and
from other stakeholder groups not already represented on the
Smart Grid Advisory Committee.
SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK
FORCE.
(a) Smart Grid Advisory Committee.--
(1) Establishment.--The Secretary shall establish, within
90 days of enactment of this Part, a Smart Grid Advisory
Committee (either as an independent entity or as a designated
sub-part of a larger advisory committee on electricity
matters). The Smart Grid Advisory Committee shall include
eight or more members appointed by the Secretary who have
sufficient experience and expertise to represent the full
range of smart grid technologies and services, to represent
both private and non-Federal public sector stakeholders. One
member shall be appointed by the Secretary to Chair the Smart
Grid Advisory Committee.
(2) Mission.--The mission of the Smart Grid Advisory
Committee shall be to advise the Secretary, the Assistant
Secretary, and other relevant Federal officials concerning
the development of smart grid technologies, the progress of a
national transition to the use of smart-grid technologies and
services, the evolution of widely-accepted technical and
practical standards and protocols to allow interoperability
and inter-communication among smart-grid capable devices, and
the optimum means of using Federal incentive authority to
encourage such progress.
(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Smart Grid Advisory Committee.
(b) Smart Grid Task Force.--
(1) Establishment.--The Assistant Secretary of the Office
of Electricity Delivery and Energy Reliability shall
establish, within 90 days of enactment of this Part, a Smart
Grid Task Force composed of designated employees from the
various divisions of that office who have responsibilities
related to the transition to smart-grid technologies and
practices. The Assistant Secretary or his designee shall be
identified as the Director of the Smart Grid Task Force. The
Chairman of the Federal Energy Regulatory Commission and the
Director of the National Institute of Standards and
Technology shall each designate at least one employee to
participate on the Smart Grid Task Force. Other members may
come from other agencies at the invitation of the Assistant
Secretary or the nomination of the head of such other agency.
The Smart Grid Task Force shall, without disrupting the work
of the Divisions or Offices from which its members are drawn,
provide an identifiable Federal entity to embody the Federal
role in the national transition toward development and use of
smart grid technologies.
(2) Mission.--The mission of the Smart Grid Task Force
shall be to insure awareness, coordination and integration of
the diverse activities of the Office and elsewhere in the
Federal government related to smart-grid technologies and
practices, including but not limited to: smart grid research
and development; development of widely accepted smart-grid
standards and protocols; the relationship of smart-grid
technologies and practices to electric utility regulation;
the relationship of smart-grid technologies and practices to
infrastructure development, system reliability and security;
and the relationship of smart-grid technologies and practices
to other facets of electricity supply, demand, transmission,
distribution, and policy. The Smart Grid Task Force shall
collaborate with the Smart Grid Advisory Committee and other
Federal agencies and offices. The Smart Grid Task Force shall
meet at the call of its Director as necessary to accomplish
its mission.
(c) Authorization.--There are authorized to be appropriated
for the purposes of this section
[[Page H16735]]
such sums as are necessary to the Secretary to support the
operations of the Smart Grid Advisory Committee and Smart
Grid Task Force for each of fiscal years 2008 through 2020.
SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) Power Grid Digital Information Technology.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and other appropriate agencies, electric
utilities, the States, and other stakeholders, shall carry
out a program--
(1) to develop advanced techniques for measuring peak load
reductions and energy-efficiency savings from smart metering,
demand response, distributed generation, and electricity
storage systems;
(2) to investigate means for demand response, distributed
generation, and storage to provide ancillary services;
(3) to conduct research to advance the use of wide-area
measurement and control networks, including data mining,
visualization, advanced computing, and secure and dependable
communications in a highly-distributed environment;
(4) to test new reliability technologies, including those
concerning communications network capabilities, in a grid
control room environment against a representative set of
local outage and wide area blackout scenarios;
(5) to identify communications network capacity needed to
implement advanced technologies.
(6) to investigate the feasibility of a transition to time-
of-use and real-time electricity pricing;
(7) to develop algorithms for use in electric transmission
system software applications;
(8) to promote the use of underutilized electricity
generation capacity in any substitution of electricity for
liquid fuels in the transportation system of the United
States; and
(9) in consultation with the Federal Energy Regulatory
Commission, to propose interconnection protocols to enable
electric utilities to access electricity stored in vehicles
to help meet peak demand loads.
(b) Smart Grid Regional Demonstration Initiative.--
(1) In general.--The Secretary shall establish a smart grid
regional demonstration initiative (referred to in this
subsection as the ``Initiative'') composed of demonstration
projects specifically focused on advanced technologies for
use in power grid sensing, communications, analysis, and
power flow control. The Secretary shall seek to leverage
existing smart grid deployments.
(2) Goals.--The goals of the Initiative shall be--
(A) to demonstrate the potential benefits of concentrated
investments in advanced grid technologies on a regional grid;
(B) to facilitate the commercial transition from the
current power transmission and distribution system
technologies to advanced technologies;
(C) to facilitate the integration of advanced technologies
in existing electric networks to improve system performance,
power flow control, and reliability;
(D) to demonstrate protocols and standards that allow for
the measurement and validation of the energy savings and
fossil fuel emission reductions associated with the
installation and use of energy efficiency and demand response
technologies and practices; and
(E) to investigate differences in each region and
regulatory environment regarding best practices in
implementing smart grid technologies.
(3) Demonstration projects.--
(A) In general.--In carrying out the initiative, the
Secretary shall carry out smart grid demonstration projects
in up to 5 electricity control areas, including rural areas
and at least 1 area in which the majority of generation and
transmission assets are controlled by a tax-exempt entity.
(B) Cooperation.--A demonstration project under
subparagraph (A) shall be carried out in cooperation with the
electric utility that owns the grid facilities in the
electricity control area in which the demonstration project
is carried out.
(C) Federal share of cost of technology investments.--The
Secretary shall provide to an electric utility described in
subparagraph (B) financial assistance for use in paying an
amount equal to not more than 50 percent of the cost of
qualifying advanced grid technology investments made by the
electric utility to carry out a demonstration project.
(D) Ineligibility for grants.--No person or entity
participating in any demonstration project conducted under
this subsection shall be eligible for grants under section
1306 for otherwise qualifying investments made as part of
that demonstration project.
(c) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a), such sums as are necessary
for each of fiscal years 2008 through 2012; and
(2) to carry out subsection (b), $100,000,000 for each of
fiscal years 2008 through 2012.
SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK.
(a) Interoperability Framework.--The Director of the
National Institute of Standards and Technology shall have
primary responsibility to coordinate the development of a
framework that includes protocols and model standards for
information management to achieve interoperability of smart
grid devices and systems. Such protocols and standards shall
further align policy, business, and technology approaches in
a manner that would enable all electric resources, including
demand-side resources, to contribute to an efficient,
reliable electricity network. In developing such protocols
and standards--
(1) the Director shall seek input and cooperation from the
Commission, OEDER and its Smart Grid Task Force, the Smart
Grid Advisory Committee, other relevant Federal and State
agencies; and
(2) the Director shall also solicit input and cooperation
from private entities interested in such protocols and
standards, including but not limited to the Gridwise
Architecture Council, the International Electrical and
Electronics Engineers, the National Electric Reliability
Organization recognized by the Federal Energy Regulatory
Commission, and National Electrical Manufacturer's
Association.
(b) Scope of Framework.--The framework developed under
subsection (a) shall be flexible, uniform and technology
neutral, including but not limited to technologies for
managing smart grid information, and designed--
(1) to accommodate traditional, centralized generation and
transmission resources and consumer distributed resources,
including distributed generation, renewable generation,
energy storage, energy efficiency, and demand response and
enabling devices and systems;
(2) to be flexible to incorporate--
(A) regional and organizational differences; and
(B) technological innovations;
(3) to consider the use of voluntary uniform standards for
certain classes of mass-produced electric appliances and
equipment for homes and businesses that enable customers, at
their election and consistent with applicable State and
Federal laws, and are manufactured with the ability to
respond to electric grid emergencies and demand response
signals by curtailing all, or a portion of, the electrical
power consumed by the appliances or equipment in response to
an emergency or demand response signal, including through--
(A) load reduction to reduce total electrical demand;
(B) adjustment of load to provide grid ancillary services;
and
(C) in the event of a reliability crisis that threatens an
outage, short-term load shedding to help preserve the
stability of the grid; and
(4) such voluntary standards should incorporate appropriate
manufacturer lead time.
(c) Timing of Framework Development.--The Institute shall
begin work pursuant to this section within 60 days of
enactment. The Institute shall provide and publish an initial
report on progress toward recommended or consensus standards
and protocols within one year after enactment, further
reports at such times as developments warrant in the judgment
of the Institute, and a final report when the Institute
determines that the work is completed or that a Federal role
is no longer necessary.
(d) Standards for Interoperability in Federal
Jurisdiction.--At any time after the Institute's work has led
to sufficient consensus in the Commission's judgment, the
Commission shall institute a rulemaking proceeding to adopt
such standards and protocols as may be necessary to insure
smart-grid functionality and interoperability in interstate
transmission of electric power, and regional and wholesale
electricity markets.
(e) Authorization.--There are authorized to be appropriated
for the purposes of this section $5,000,000 to the Institute
to support the activities required by this subsection for
each of fiscal years 2008 through 2012.
SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT
COSTS.
(a) Matching Fund.--The Secretary shall establish a Smart
Grid Investment Matching Grant Program to provide
reimbursement of one-fifth (20 percent) of qualifying Smart
Grid investments.
(b) Qualifying Investments.--Qualifying Smart Grid
investments may include any of the following made on or after
the date of enactment of this Act:
(1) In the case of appliances covered for purposes of
establishing energy conservation standards under part B of
title III of the Energy Policy and Conservation Act of 1975
(42 U.S.C. 6291 et seq.), the documented expenditures
incurred by a manufacturer of such appliances associated with
purchasing or designing, creating the ability to manufacture,
and manufacturing and installing for one calendar year,
internal devices that allow the appliance to engage in Smart
Grid functions.
(2) In the case of specialized electricity-using equipment,
including motors and drivers, installed in industrial or
commercial applications, the documented expenditures incurred
by its owner or its manufacturer of installing devices or
modifying that equipment to engage in Smart Grid functions.
(3) In the case of transmission and distribution equipment
fitted with monitoring and communications devices to enable
smart grid functions, the documented expenditures incurred by
the electric utility to purchase and install such monitoring
and communications devices.
(4) In the case of metering devices, sensors, control
devices, and other devices integrated with and attached to an
electric utility system or retail distributor or marketer of
electricity that are capable of engaging in Smart Grid
functions, the documented expenditures incurred by the
electric utility, distributor, or marketer and its customers
to purchase and install such devices.
(5) In the case of software that enables devices or
computers to engage in Smart Grid functions, the documented
purchase costs of the software.
(6) In the case of entities that operate or coordinate
operations of regional electric grids, the documented
expenditures for purchasing and installing such equipment
that allows Smart Grid functions to operate and be combined
or coordinated among multiple electric utilities and between
that region and other regions.
(7) In the case of persons or entities other than electric
utilities owning and operating a
[[Page H16736]]
distributed electricity generator, the documented
expenditures of enabling that generator to be monitored,
controlled, or otherwise integrated into grid operations and
electricity flows on the grid utilizing Smart Grid functions.
(8) In the case of electric or hybrid-electric vehicles,
the documented expenses for devices that allow the vehicle to
engage in Smart Grid functions (but not the costs of
electricity storage for the vehicle).
(9) The documented expenditures related to purchasing and
implementing Smart Grid functions in such other cases as the
Secretary shall identify. In making such grants, the
Secretary shall seek to reward innovation and early
adaptation, even if success is not complete, rather than
deployment of proven and commercially viable technologies.
(c) Investments Not Included.--Qualifying Smart Grid
investments do not include any of the following:
(1) Investments or expenditures for Smart Grid
technologies, devices, or equipment that are eligible for
specific tax credits or deductions under the Internal Revenue
Code, as amended.
(2) Expenditures for electricity generation, transmission,
or distribution infrastructure or equipment not directly
related to enabling Smart Grid functions.
(3) After the final date for State consideration of the
Smart Grid Information Standard under section 1307 (paragraph
(17) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978), an investment that is not in
compliance with such standard.
(4) After the development and publication by the Institute
of protocols and model standards for interoperability of
smart grid devices and technologies, an investment that fails
to incorporate any of such protocols or model standards.
(5) Expenditures for physical interconnection of generators
or other devices to the grid except those that are directly
related to enabling Smart Grid functions.
(6) Expenditures for ongoing salaries, benefits, or
personnel costs not incurred in the initial installation,
training, or start up of smart grid functions.
(7) Expenditures for travel, lodging, meals or other
personal costs.
(8) Ongoing or routine operation, billing, customer
relations, security, and maintenance expenditures.
(9) Such other expenditures that the Secretary determines
not to be Qualifying Smart Grid Investments by reason of the
lack of the ability to perform Smart Grid functions or lack
of direct relationship to Smart Grid functions.
(d) Smart Grid Functions.--The term ``smart grid
functions'' means any of the following:
(1) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time
of use, nature of use, storage, or other information relevant
to device, grid, or utility operations, to or from or by
means of the electric utility system, through one or a
combination of devices and technologies.
(2) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time
of use, nature of use, storage, or other information relevant
to device, grid, or utility operations to or from a computer
or other control device.
(3) The ability to measure or monitor electricity use as a
function of time of day, power quality characteristics such
as voltage level, current, cycles per second, or source or
type of generation and to store, synthesize or report that
information by digital means.
(4) The ability to sense and localize disruptions or
changes in power flows on the grid and communicate such
information instantaneously and automatically for purposes of
enabling automatic protective responses to sustain
reliability and security of grid operations.
(5) The ability to detect, prevent, communicate with regard
to, respond to, or recover from system security threats,
including cyber-security threats and terrorism, using digital
information, media, and devices.
(6) The ability of any appliance or machine to respond to
such signals, measurements, or communications automatically
or in a manner programmed by its owner or operator without
independent human intervention.
(7) The ability to use digital information to operate
functionalities on the electric utility grid that were
previously electro-mechanical or manual.
(8) The ability to use digital controls to manage and
modify electricity demand, enable congestion management,
assist in voltage control, provide operating reserves, and
provide frequency regulation.
(9) Such other functions as the Secretary may identify as
being necessary or useful to the operation of a Smart Grid.
(e) The Secretary shall--
(1) establish and publish in the Federal Register, within
one year after the enactment of this Act procedures by which
applicants who have made qualifying Smart Grid investments
can seek and obtain reimbursement of one-fifth of their
documented expenditures;
(2) establish procedures to ensure that there is no
duplication or multiple reimbursement for the same investment
or costs, that the reimbursement goes to the party making the
actual expenditures for Qualifying Smart Grid Investments,
and that the grants made have significant effect in
encouraging and facilitating the development of a smart grid;
(3) maintain public records of reimbursements made,
recipients, and qualifying Smart Grid investments which have
received reimbursements;
(4) establish procedures to provide, in cases deemed by the
Secretary to be warranted, advance payment of moneys up to
the full amount of the projected eventual reimbursement, to
creditworthy applicants whose ability to make Qualifying
Smart Grid Investments may be hindered by lack of initial
capital, in lieu of any later reimbursement for which that
applicant qualifies, and subject to full return of the
advance payment in the event that the Qualifying Smart Grid
investment is not made; and
(5) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgment of
the Secretary.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary for the administration of this section and the
grants to be made pursuant to this section for fiscal years
2008 through 2012.
SEC. 1307. STATE CONSIDERATION OF SMART GRID.
(a) Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding
at the end the following:
``(16) Consideration of smart grid investments.--
``(A) In general.--Each State shall consider requiring
that, prior to undertaking investments in nonadvanced grid
technologies, an electric utility of the State demonstrate to
the State that the electric utility considered an investment
in a qualified smart grid system based on appropriate
factors, including--
``(i) total costs;
``(ii) cost-effectiveness;
``(iii) improved reliability;
``(iv) security;
``(v) system performance; and
``(vi) societal benefit.
``(B) Rate recovery.--Each State shall consider authorizing
each electric utility of the State to recover from ratepayers
any capital, operating expenditure, or other costs of the
electric utility relating to the deployment of a qualified
smart grid system, including a reasonable rate of return on
the capital expenditures of the electric utility for the
deployment of the qualified smart grid system.
``(C) Obsolete equipment.--Each State shall consider
authorizing any electric utility or other party of the State
to deploy a qualified smart grid system to recover in a
timely manner the remaining book-value costs of any equipment
rendered obsolete by the deployment of the qualified smart
grid system, based on the remaining depreciable life of the
obsolete equipment.
``(17) Smart grid information.--
``(A) Standard.--All electricity purchasers shall be
provided direct access, in written or electronic machine-
readable form as appropriate, to information from their
electricity provider as provided in subparagraph (B).
``(B) Information.--Information provided under this
section, to the extent practicable, shall include:
``(i) Prices.--Purchasers and other interested persons
shall be provided with information on--
``(I) time-based electricity prices in the wholesale
electricity market; and
``(II) time-based electricity retail prices or rates that
are available to the purchasers.
``(ii) Usage.--Purchasers shall be provided with the number
of electricity units, expressed in kwh, purchased by them.
``(iii) Intervals and projections.--Updates of information
on prices and usage shall be offered on not less than a daily
basis, shall include hourly price and use information, where
available, and shall include a day-ahead projection of such
price information to the extent available.
``(iv) Sources.--Purchasers and other interested persons
shall be provided annually with written information on the
sources of the power provided by the utility, to the extent
it can be determined, by type of generation, including
greenhouse gas emissions associated with each type of
generation, for intervals during which such information is
available on a cost-effective basis.
``(C) Access.--Purchasers shall be able to access their own
information at any time through the internet and on other
means of communication elected by that utility for Smart Grid
applications. Other interested persons shall be able to
access information not specific to any purchaser through the
Internet. Information specific to any purchaser shall be
provided solely to that purchaser.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding the following at the end thereof:
``(6)(A) Not later than 1 year after the enactment of this
paragraph, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority)
and each nonregulated utility shall commence the
consideration referred to in section 111, or set a hearing
date for consideration, with respect to the standards
established by paragraphs (17) through (18) of section
111(d).
``(B) Not later than 2 years after the date of the
enactment of the this paragraph, each State regulatory
authority (with respect to each electric utility for which it
has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to
each standard established by paragraphs (17) through (18) of
section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c))
is amended by adding the following at the end:
``In the case of the standards established by paragraphs
(16) through (19) of section 111(d), the reference contained
in this subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of such
paragraphs.''.
(3) Prior state actions.--Section 112(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d))
is amended by inserting ``and paragraphs (17) through (18)''
before ``of section 111(d)''.
[[Page H16737]]
SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE
DEVELOPMENT OF COMBINED HEAT AND POWER
FACILITIES.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
States and other appropriate entities, shall conduct a study
of the laws (including regulations) affecting the siting of
privately owned electric distribution wires on and across
public rights-of-way.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) an evaluation of--
(i) the purposes of the laws; and
(ii) the effect the laws have on the development of
combined heat and power facilities;
(B) a determination of whether a change in the laws would
have any operating, reliability, cost, or other impacts on
electric utilities and the customers of the electric
utilities; and
(C) an assessment of--
(i) whether privately owned electric distribution wires
would result in duplicative facilities; and
(ii) whether duplicative facilities are necessary or
desirable.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the results of the study conducted
under subsection (a).
SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID
SYSTEMS.
(a) DOE Study.--The Secretary shall, within 18 months after
the date of enactment of this Act, submit a report to
Congress that provides a quantitative assessment and
determination of the existing and potential impacts of the
deployment of Smart Grid systems on improving the security of
the Nation's electricity infrastructure and operating
capability. The report shall include but not be limited to
specific recommendations on each of the following:
(1) How smart grid systems can help in making the Nation's
electricity system less vulnerable to disruptions due to
intentional acts against the system.
(2) How smart grid systems can help in restoring the
integrity of the Nation's electricity system subsequent to
disruptions.
(3) How smart grid systems can facilitate nationwide,
interoperable emergency communications and control of the
Nation's electricity system during times of localized,
regional, or nationwide emergency.
(4) What risks must be taken into account that smart grid
systems may, if not carefully created and managed, create
vulnerability to security threats of any sort, and how such
risks may be mitigated.
(b) Consultation.--The Secretary shall consult with other
Federal agencies in the development of the report under this
section, including but not limited to the Secretary of
Homeland Security, the Federal Energy Regulatory Commission,
and the Electric Reliability Organization certified by the
Commission under section 215(c) of the Federal Power Act (16
U.S.C. 824o) as added by section 1211 of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 941).
TITLE XIV--POOL AND SPA SAFETY
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Virginia Graeme Baker Pool
and Spa Safety Act''.
SEC. 1402. FINDINGS.
Congress finds the following:
(1) Of injury-related deaths, drowning is the second
leading cause of death in children aged 1 to 14 in the United
States.
(2) In 2004, 761 children aged 14 and under died as a
result of unintentional drowning.
(3) Adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning.
(4) Research studies show that the installation and proper
use of barriers or fencing, as well as additional layers of
protection, could substantially reduce the number of
childhood residential swimming pool drownings and near
drownings.
SEC. 1403. DEFINITIONS.
In this title:
(1) ASME/ANSI.--The term ``ASME/ANSI'' as applied to a
safety standard means such a standard that is accredited by
the American National Standards Institute and published by
the American Society of Mechanical Engineers.
(2) Barrier.--The term ``barrier'' includes a natural or
constructed topographical feature that prevents unpermitted
access by children to a swimming pool, and, with respect to a
hot tub, a lockable cover.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Main drain.--The term ``main drain'' means a submerged
suction outlet typically located at the bottom of a pool or
spa to conduct water to a re-circulating pump.
(5) Safety vacuum release system.--The term ``safety vacuum
release system'' means a vacuum release system capable of
providing vacuum release at a suction outlet caused by a high
vacuum occurrence due to a suction outlet flow blockage.
(6) Swimming pool; spa.--The term ``swimming pool'' or
``spa'' means any outdoor or indoor structure intended for
swimming or recreational bathing, including in-ground and
above-ground structures, and includes hot tubs, spas,
portable spas, and non-portable wading pools.
(7) Unblockable drain.--The term ``unblockable drain''
means a drain of any size and shape that a human body cannot
sufficiently block to create a suction entrapment hazard.
SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER
STANDARD.
(a) Consumer Product Safety Rule.--The requirements
described in subsection (b) shall be treated as a consumer
product safety rule issued by the Consumer Product Safety
Commission under the Consumer Product Safety Act (15 U.S.C.
2051 et seq.).
(b) Drain Cover Standard.--Effective 1 year after the date
of enactment of this title, each swimming pool or spa drain
cover manufactured, distributed, or entered into commerce in
the United States shall conform to the entrapment protection
standards of the ASME/ANSI A112.19.8 performance standard, or
any successor standard regulating such swimming pool or drain
cover.
(c) Public Pools.--
(1) Required equipment.--
(A) In general.--Beginning 1 year after the date of
enactment of this title--
(i) each public pool and spa in the United States shall be
equipped with anti-entrapment devices or systems that comply
with the ASME/ANSI A112.19.8 performance standard, or any
successor standard; and
(ii) each public pool and spa in the United States with a
single main drain other than an unblockable drain shall be
equipped, at a minimum, with 1 or more of the following
devices or systems designed to prevent entrapment by pool or
spa drains that meets the requirements of subparagraph (B):
(I) Safety vacuum release system.--A safety vacuum release
system which ceases operation of the pump, reverses the
circulation flow, or otherwise provides a vacuum release at a
suction outlet when a blockage is detected, that has been
tested by an independent third party and found to conform to
ASME/ANSI standard A112.19.17 or ASTM standard F2387.
(II) Suction-limiting vent system.--A suction-limiting vent
system with a tamper-resistant atmospheric opening.
(III) Gravity drainage system.--A gravity drainage system
that utilizes a collector tank.
(IV) Automatic pump shut-off system.--An automatic pump
shut-off system.
(V) Drain disablement.--A device or system that disables
the drain.
(VI) Other systems.--Any other system determined by the
Commission to be equally effective as, or better than, the
systems described in subclauses (I) through (V) of this
clause at preventing or eliminating the risk of injury or
death associated with pool drainage systems.
(B) Applicable standards.--Any device or system described
in subparagraph (A)(ii) shall meet the requirements of any
ASME/ANSI or ASTM performance standard if there is such a
standard for such a device or system, or any applicable
consumer product safety standard.
(2) Public pool and spa defined.--In this subsection, the
term ``public pool and spa'' means a swimming pool or spa
that is--
(A) open to the public generally, whether for a fee or free
of charge;
(B) open exclusively to--
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building,
apartment complex, residential real estate development, or
other multi-family residential area (other than a
municipality, township, or other local government
jurisdiction); or
(iii) patrons of a hotel or other public accommodations
facility; or
(C) operated by the Federal Government (or by a
concessionaire on behalf of the Federal Government) for the
benefit of members of the Armed Forces and their dependents
or employees of any department or agency and their
dependents.
(3) Enforcement.--Violation of paragraph (1) shall be
considered to be a violation of section 19(a)(1) of the
Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may
also be enforced under section 17 of that Act (15 U.S.C.
2066).
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Subject to the availability of
appropriations authorized by subsection (e), the Commission
shall establish a grant program to provide assistance to
eligible States.
(b) Eligibility.--To be eligible for a grant under the
program, a State shall--
(1) demonstrate to the satisfaction of the Commission that
it has a State statute, or that, after the date of enactment
of this title, it has enacted a statute, or amended an
existing statute, and provides for the enforcement of, a law
that--
(A) except as provided in section 1406(a)(1)(A)(i), applies
to all swimming pools in the State; and
(B) meets the minimum State law requirements of section
1406; and
(2) submit an application to the Commission at such time,
in such form, and containing such additional information as
the Commission may require.
(c) Amount of Grant.--The Commission shall determine the
amount of a grant awarded under this title, and shall
consider--
(1) the population and relative enforcement needs of each
qualifying State; and
(2) allocation of grant funds in a manner designed to
provide the maximum benefit from the program in terms of
protecting children from drowning or entrapment, and, in
making that allocation, shall give priority to States that
have not received a grant under this title in a preceding
fiscal year.
(d) Use of Grant Funds.--A State receiving a grant under
this section shall use--
(1) at least 50 percent of amounts made available to hire
and train enforcement personnel for implementation and
enforcement of standards under the State swimming pool and
spa safety law; and
(2) the remainder--
(A) to educate pool construction and installation companies
and pool service companies about the standards;
[[Page H16738]]
(B) to educate pool owners, pool operators, and other
members of the public about the standards under the swimming
pool and spa safety law and about the prevention of drowning
or entrapment of children using swimming pools and spas; and
(C) to defray administrative costs associated with such
training and education programs.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission for each of fiscal years
2009 and 2010 $2,000,000 to carry out this section, such sums
to remain available until expended. Any amounts appropriated
pursuant to this subsection that remain unexpended and
unobligated at the end of fiscal year 2010 shall be retained
by the Commission and credited to the appropriations account
that funds enforcement of the Consumer Product Safety Act.
SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.
(a) In General.--
(1) Safety standards.--A State meets the minimum State law
requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all outdoor residential pools and spas
by barriers to entry that will effectively prevent small
children from gaining unsupervised and unfettered access to
the pool or spa;
(ii) that all pools and spas be equipped with devices and
systems designed to prevent entrapment by pool or spa drains;
(iii) that pools and spas built more than 1 year after the
date of the enactment of such statute have--
(I) more than 1 drain;
(II) 1 or more unblockable drains; or
(III) no main drain;
(iv) every swimming pool and spa that has a main drain,
other than an unblockable drain, be equipped with a drain
cover that meets the consumer product safety standard
established by section 1404; and
(v) that periodic notification is provided to owners of
residential swimming pools or spas about compliance with the
entrapment protection standards of the ASME/ANSI A112.19.8
performance standard, or any successor standard; and
(B) the State meets such additional State law requirements
for pools and spas as the Commission may establish after
public notice and a 30-day public comment period.
(2) No liability inference associated with state
notification requirement.--The minimum State law notification
requirement under paragraph (1)(A)(v) shall not be construed
to imply any liability on the part of a State related to that
requirement.
(3) Use of minimum state law requirements.--The
Commission--
(A) shall use the minimum State law requirements under
paragraph (1) solely for the purpose of determining the
eligibility of a State for a grant under section 1405 of this
Act; and
(B) may not enforce any requirement under paragraph (1)
except for the purpose of determining the eligibility of a
State for a grant under section 1405 of this Act.
(4) Requirements to reflect national performance standards
and commission guidelines.--In establishing minimum State law
requirements under paragraph (1), the Commission shall--
(A) consider current or revised national performance
standards on pool and spa barrier protection and entrapment
prevention; and
(B) ensure that any such requirements are consistent with
the guidelines contained in the Commission's publication 362,
entitled ``Safety Barrier Guidelines for Home Pools'', the
Commission's publication entitled ``Guidelines for Entrapment
Hazards: Making Pools and Spas Safer'', and any other pool
safety guidelines established by the Commission.
(b) Standards.--Nothing in this section prevents the
Commission from promulgating standards regulating pool and
spa safety or from relying on an applicable national
performance standard.
(c) Basic Access-Related Safety Devices and Equipment
Requirements To Be Considered.--In establishing minimum State
law requirements for swimming pools and spas under subsection
(a)(1), the Commission shall consider the following
requirements:
(1) Covers.--A safety pool cover.
(2) Gates.--A gate with direct access to the swimming pool
or spa that is equipped with a self-closing, self-latching
device.
(3) Doors.--Any door with direct access to the swimming
pool or spa that is equipped with an audible alert device or
alarm which sounds when the door is opened.
(4) Pool alarm.--A device designed to provide rapid
detection of an entry into the water of a swimming pool or
spa.
(d) Entrapment, Entanglement, and Evisceration Prevention
Standards To Be Required.--
(1) In general.--In establishing additional minimum State
law requirements for swimming pools and spas under subsection
(a)(1), the Commission shall require, at a minimum, 1 or more
of the following (except for pools constructed without a
single main drain):
(A) Safety vacuum release system.--A safety vacuum release
system which ceases operation of the pump, reverses the
circulation flow, or otherwise provides a vacuum release at a
suction outlet when a blockage is detected, that has been
tested by an independent third party and found to conform to
ASME/ANSI standard A112.19.17 or ASTM standard F2387, or any
successor standard.
(B) Suction-limiting vent system.--A suction-limiting vent
system with a tamper-resistant atmospheric opening.
(C) Gravity drainage system.--A gravity drainage system
that utilizes a collector tank.
(D) Automatic pump shut-off system.--An automatic pump
shut-off system.
(E) Drain disablement.--A device or system that disables
the drain.
(F) Other systems.--Any other system determined by the
Commission to be equally effective as, or better than, the
systems described in subparagraphs (A) through (E) of this
paragraph at preventing or eliminating the risk of injury or
death associated with pool drainage systems.
(2) Applicable standards.--Any device or system described
in subparagraphs (B) through (E) of paragraph (1) shall meet
the requirements of any ASME/ANSI or ASTM performance
standard if there is such a standard for such a device or
system, or any applicable consumer product safety standard.
SEC. 1407. EDUCATION PROGRAM.
(a) In General.--The Commission shall establish and carry
out an education program to inform the public of methods to
prevent drowning and entrapment in swimming pools and spas.
In carrying out the program, the Commission shall develop--
(1) educational materials designed for pool manufacturers,
pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of pool
and spa safety.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission for each of the fiscal
years 2008 through 2012 $5,000,000 to carry out the education
program authorized by subsection (a).
SEC. 1408. CPSC REPORT.
Not later than 1 year after the last day of each fiscal
year for which grants are made under section 1405, the
Commission shall submit to Congress a report evaluating the
implementation of the grant program authorized by that
section.
TITLE XV--REVENUE PROVISIONS
SEC. 1500. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX.
(a) In General.--Section 3301 (relating to rate of tax) is
amended--
(1) by striking ``2007'' in paragraph (1) and inserting
``2008'', and
(2) by striking ``2008'' in paragraph (2) and inserting
``2009''.
(b) Effective Date.--The amendments made by this section
shall apply to wages paid after December 31, 2007.
SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL
COMPANIES.
(a) In General.--Subparagraph (A) of section 167(h)(5)
(relating to special rule for major integrated oil companies)
is amended by striking ``5-year'' and inserting ``7-year''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
TITLE XVI--EFFECTIVE DATE
SEC. 1601. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
the date that is 1 day after the date of enactment of this
Act.
Motion Offered by Mr. Dingell
Mr. DINGELL. Mr. Speaker, pursuant to House Resolution 877, I offer a
motion.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Dingell moves that the House concur in the Senate
amendment to the House amendment to the Senate amendment to
the text of H.R. 6.
The SPEAKER pro tempore. Pursuant to House Resolution 877, the
gentleman from Michigan (Mr. Dingell) and the gentleman from Texas (Mr.
Barton) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. DINGELL. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
{time} 1200
Mr. DINGELL. Mr. Speaker, at this time, I yield 1 minute to my
friend, the distinguished majority leader of the House, the gentleman
from Maryland (Mr. Hoyer).
Mr. HOYER. Mr. Speaker, this is a historic day for the House of
Representatives; it's a historic day for the
[[Page H16739]]
Dean of the House; it's a historic day for the leadership of this
House; and it will be, I think, viewed as a very important day for
America and our energy independence and for our effort to keep our
environment sustainable.
I want to thank and congratulate the chairman of the Energy and
Commerce Committee. I said this when we last considered the bill on
this floor; no Member of this body has focused more on energy and
energy policy, energy independence, throughout the years than has the
chairman of the Energy and Commerce Committee, Mr. Dingell.
Save for his singular focus on ensuring the health of all Americans
and their availability of affordable health care, quality health care,
his focus on energy and energy independence and efficient use of energy
has been unmatched, and I congratulate him for that.
As he said when this bill passed out of the House, it wasn't the
perfect bill. There are many of us in this House who would have hoped
that the Senate would not have removed some of the items that were in
this bill when it came from the House.
Having said that, Mr. Speaker, this landmark bipartisan legislation,
the Energy Independence and Security Act, represents a vital turning
point for our Nation and a historic accomplishment for this Congress.
Today, we set a new direction for this country in the area of energy
policy. Our Nation's energy policy is inextricably linked to our
national security, our economic security, and our environmental well-
being.
And, I have long believed that we must summon our national will,
resources and ingenuity to make significant gains in technology,
conservation, vehicle efficiency, and the use of alternative fuels in
order to end our reliance on foreign oil and other important sources of
energy. To that extent, this bill was and remains a vital national
security interest.
With this legislation, we will move toward real energy independence
that results in a stronger economy, more jobs, and healthier
communities. The Chairs and ranking members that worked tirelessly to
produce this bill are also to be congratulated.
Under the leadership of Chairman Dingell, as I have said, this bill
includes historic fuel economy, renewable fuels, and energy efficiency
provisions.
The increase in the fuel efficiency of vehicles to 35 miles per
gallon by 2020 is the first in a generation, and is supported by
environmentalists and the automobile industry, in no small part because
of the work of Chairman Dingell.
Furthermore, it will result in $22 billion in net annual consumer
savings by 2020 and reduce greenhouse gases in an amount equal to
taking off the road 28 million of today's average cars and trucks.
Among other things, this bill will reduce our reliance on foreign oil
by investing in the production and infrastructure needed to deploy
homegrown biofuels. It provides incentives for plug-in hybrid cars. And
it includes landmark energy efficiency provisions that will save
consumers and businesses at least $300 billion through 2030.
Let no one be mistaken, this bill, while comprehensive, does not
represent the totality of our energy policy. There is still much more
to do, and we will be about that business.
For example, we should take up legislation to establish a renewable
portfolio standard and extend the production tax credit, and do so
promptly. We also should continue to work across the aisle and with the
Senate to reach further consensus on issues such as the use of
renewables, the development of new technologies, and the fiscally
responsible extension of needed energy tax provisions.
Mr. Speaker, when we started this session, we started it on a
historic note and swore in the first woman Speaker in the history of
America, in the history of this House of over 200 years. As she was
sworn in, we had literally scores of children who surrounded the
Speaker. And she intoned that this would be the ``children's
Congress,'' it would be the ``children's Congress,'' and it would look
to the future, not the past. And this bill looks to the future of
energy use, of energy efficiency, of energy security, and of the health
of this tiny globe on which all of us survive and hopefully thrive.
Mr. Speaker, this legislation is a historic turning point in
America's energy policy. And I urge all of my colleagues on both sides
of the aisle, for our children, for our future, for our security, vote
for this historic piece of legislation.
I thank the gentleman for yielding me the time.
Mr. BARTON of Texas. Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker and Members of the House, it's interesting how different
people can see the same set of circumstances and come to totally
different conclusions.
In the last Congress, we passed the Energy Policy Act of 2005 on a
bipartisan basis. There were open markups in the House and the Senate.
There was an open conference committee that was televised in some
cases. We had, I believe, a majority of the Democrats vote for that
bill on the House floor, a majority of the Democrats in the Senate, and
obviously almost all the Republicans in both bodies. It was the most
comprehensive energy bill to be signed into law in probably the last 30
or 40 years.
Many of the things in that bill are going to be undone if and when
this bill passes and the President signs it, which he is expected to do
so. I understand the consequences of elections. I understand there is a
new majority. I do not understand how what made sense 2 years ago
doesn't make sense today.
Let's take the issue of fuel economy standards. If there is a crown
jewel in this bill, it apparently is that we're going to raise CAFE
standards significantly for the first time in 30 years. On the surface,
that may appear to be a good thing, but let me point out a few things.
There are over 350 models of automobiles and trucks that are
currently available for sale to the American public. There are only
eight vehicles that get 35 miles to the gallon. They are the Honda Fit,
the Honda Civic, the Honda Civic Hybrid, the Toyota Yaris, both manual
and automatic, Toyota Corolla, Toyota Camry Hybrid, and the Toyota
Prius. That's it.
Now, let's look at the top eight selling vehicles that the American
public have bought so far this year. Number one is the Ford F-series
pickup. Number two is the Chevrolet Silverado pickup. Number three is
the Toyota Camry, not the Camry Hybrid. Number four is the Dodge Ram
pickup. Number five is the Honda Accord. Number six is the Toyota
Corolla. Number seven is the Honda Civic. Number eight is the Nissan
Altima. Only two or three of those get 35 miles to the gallon.
I will stipulate, as smart as our engineers in Detroit are, it is
going to be very, very difficult, if not impossible, for the Ford F-
series pickups, the Chevy Silverado and the Dodge Ram pickup to get 35
miles to the gallon by the year 2020.
There are vehicles that meet the standard. Some of those make the top
list of sales, but three of the top four do not. I will stipulate by
setting the standard at 35 miles to the gallon, will we improve fuel
economy? Yes, we will. Will we reach the holy grail of 35 miles per
gallon on a fleet average by 2020? If I had to guess, I would bet we'll
be back on this floor within the next 10 years providing for an
extension of that because I think it's going to be technologically very
difficult, if not impossible. And I think economically it's not going
to be possible at all.
What the bill before us is is a mandatory conservation bill. Now,
conservation in and of itself is a good thing. I won't deny that. But
conservation without some supply is a bad thing, and that's what this
bill is. We're preempting State and local building codes with Federal
building standards for so-called ``green buildings.'' We're mandating
35 billion gallons of alternative fuels that right now the technology
simply doesn't exist. Hopefully our engineers and scientists can make
that happen, but what if they don't?
We are also basically just changing the way that we operate in a
market economy for energy in this country to the government knows the
best and the government is going to tell the American people what's
best for them, whether the American people like it or not. I think
that's a mistake, Mr.
[[Page H16740]]
Speaker. And for that reason, I would hope we vote against the bill.
Mr. DINGELL. Mr. Speaker, I yield myself 3 minutes.
Mr. Speaker, the legislation before us today takes measurable and
concrete steps to reduce energy consumption and greenhouse gas
emissions. Most importantly, it is a piece of legislation that will be
signed into law by the President. And as such, it represents a glimmer
of hope that we will be able to get beyond the gridlock that has
afflicted us for far too long in far too many areas.
Despite the birth pains of this legislation, and there have been
many, it is a good bill. Is it a perfect bill? No. But it is good
enough to be supported by the Members. More has to be done, and we will
do it. This is, then, a good bill. Its core is a series of requirements
that will improve energy efficiency of almost every product and tool
and appliance that is used in the United States from light bulbs to
light trucks. We are requiring a 40 percent increase in the fuel
economy of our motor vehicles, and we are doing it in a way that gives
manufacturers the flexibility they need to get the job done while
preserving American jobs.
Congress is establishing specific numbers and targets, including new
categories of vehicles, in a comprehensive approach to fuel efficiency.
Along with the efficiency standards for homes, appliances and lighting,
we will be removing from the atmosphere 10 billion tons or more of
carbon dioxide from the atmosphere by 2030. That is the equivalent of
taking all cars, trucks and planes off the road and out of the skies
for 5 years.
This legislation is not the final word on energy security or climate
change. We will be needing to do more, and we will. To be specific, I
believe that it is possible for us to craft renewable energy
requirements for electrical utilities, something which was dropped in
the final stages of the bill because of the imperfections of the
Senate's work, and a low carbon fuel standard. These are matters we
will be addressing next year as we craft comprehensive climate change
legislation on which the Committee on Energy and Commerce is now
working. But that takes nothing away from today's achievement, which
represents solid accomplishment and an essential downpayment towards
reducing our dependence on foreign sources of oil and reducing
greenhouse emissions.
Mr. Speaker, I reserve the balance of my time.
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Rockwall, Texas, Mr. Ralph Hall.
Mr. HALL of Texas. Mr. Speaker, I rise today, of course, in
opposition to the Senate amendment to H.R. 6. And as I've said before
on many occasions, I think our colleagues on the other side of the
aisle have really missed an opportunity to pass energy legislation that
would actually do something to produce and enhance supplies of domestic
sources of energy.
The bill before us today does absolutely nothing. It doesn't produce
a barrel of oil. And I'm from an energy State. Ten of our States are
energy States. I don't see how anybody from energy States can vote for
a bill that calls itself an energy bill that doesn't produce any
energy.
It's really a sad day. But it's not sad for people my age and the
people of the average age of this body here. It's sad for those juniors
and seniors in high school and those in early college, those that might
be called on to go overseas and take energy away from someone when we
have plenty right here at home which we could be mining.
It's sad that we're not hitting ANWR. It's sad that we're depending
on Saudi Arabia for 40 percent of our energy and 20 percent from other
Arab nations when they don't like us and we don't like them and we
don't trust them.
This is a bill that will put our children on troop ships to go
somewhere to take oil or gas or energy away from countries when we
don't have to. We have plenty right here in this country. But we're
turning our backs on the young people of this Nation, and we ought to
be ashamed for it.
This is a lousy bill. It's a bad energy bill. It should be defeated.
It won't be defeated. But I certainly ask everybody to vote against it.
{time} 1215
Mr. DINGELL. Mr. Speaker, before I yield to my good friend, the next
speaker, I want to say a word of gratitude and praise for our
distinguished majority leader who leads us so well. Mr. Hoyer is an
outstanding Member of this body, and I express my personal gratitude,
affection and respect for him.
At this time I yield 3 minutes to the distinguished chairman of the
subcommittee, Mr. Boucher, who has worked so hard and so diligently on
this legislation.
(Mr. BOUCHER asked and was given permission to revise and extend his
remarks.)
Mr. BOUCHER. I thank the gentleman from Michigan for yielding.
Mr. Speaker, I rise in support of the Senate amendment now pending
before the House, and I urge its approval by the House. We are poised
today to make a landmark advance in national energy policy. By 2020,
vehicle fuel economy will increase by 40 percent, reaching 35 miles per
gallon when averaging together cars and light trucks.
I want to commend Chairman Dingell of our Energy and Commerce
Committee and the outstanding committee staff who have worked so long
and hard in order to bring this advance before the House today in the
form of legislation that has a bipartisan base of support and that, in
fact, will be signed by the President.
Under our energy efficiency provisions, future greenhouse gas
emissions will be lessened by 10 billion tons over the next two
decades. In the year 2030 alone, our efficiency provisions will reduce
CO2 emissions by an amount equal to the annual emissions of
all of the cars and trucks on America's highways today and the
grounding of all airplanes now flying in the United States for a total
of 5 years.
We make more than 40 separate energy efficiency improvements. They
set new standards for lighting many multiples beyond today's
requirements. They set higher standards for future models of an array
of consumer products from refrigerators to freezers to dishwashers to
clothes washers to residential boilers, electric motors and electric
fans. They create a process to capture much of the heat that is wasted
today in America's industrial operations, enabling us to generate
potentially as much as 60 gigawatts of electricity from that wasted
industrial heat; and that could be done without emitting any carbon
dioxide beyond what is emitted today.
The bill that we bring to the House creates a Federal support policy
in support of a smart grid and electricity demand response leading to
the day when homeowners can save money by consuming more electricity at
times of lower demand when prices are less and then not consuming
electricity during the high peak hours when electricity is considerably
more costly. We promote plug-in hybrids and advanced auto batteries to
bring closer the day when most transportation in the United States will
be electrically powered.
The bill requires a major increase in the use of biofuels, enhancing
our energy security and further reducing greenhouse gas emissions.
The measure is a landmark energy achievement, and I strongly
encourage its adoption.
Mr. Speaker, I want to commend the Speaker of the House, Ms. Pelosi,
who from the day that she took office as our Speaker has strongly
encouraged this energy advance. I don't think it would have happened
without her strong leadership. And I again want to thank the chairman
of the Energy and Commerce Committee for all of the work he has done
and the landmark achievements that this bill represents.
Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. Campbell).
Mr. CAMPBELL of California. Mr. Speaker, I spent 25 years in the
retail car business, so I know a little bit about cars and fuel
economy. I support this bill because it is an effective compromise that
will move us towards less dependence on foreign oil while still
allowing manufacturers to build cars and trucks that people will want
to buy.
This bill clearly represents Congress's intent for fuel economy
standards to be regulated through NHTSA, the National Highway Traffic
Safety Administration. Other agencies, like the EPA, may also stake a
claim for fuel economy standards. If they do,
[[Page H16741]]
it would clearly make no sense for them to establish a different
standard than the one being authorized by Congress today. The President
said so in an executive order in May, and Congress is saying so today.
Anything any other agency may do must be consistent and harmonized
with this act. There can and should be only one national fuel economy
standard, and this is it. With this standard, consumers can look
forward in the future to cars and trucks with the room and performance
that they want, but with the fuel economy and alternative fuels that we
need.
Mr. DINGELL. Mr. Speaker, I want to yield the gentleman 30 seconds.
Mr. CAMPBELL of California. Thank you, Mr. Chairman.
Mr. DINGELL. I just want to say a word of gratitude to the gentleman
from California for the fine work he has done on this matter and how
much the country owes him for his labors on this.
I also want to say a word of praise for both Mr. Hill and Mr. Terry
who have done a superb job in working for a better piece of
legislation.
I want the gentleman to be aware of my personal gratitude and
appreciation. I think the country also will have reason to thank the
gentleman.
Mr. CAMPBELL of California. I thank the chairman very much for those
comments. And as I said, I think what we have reached here is an
effective compromise. People will be able to buy cars and trucks if
they want. But we will also be moving fuel economy forward.
Mr. DINGELL. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman, my good friend from California (Mr. George Miller).
Mr. GEORGE MILLER of California. I thank the chairman for yielding me
this time, and I want to join with my colleagues in thanking him so
much for all of his leadership on this legislation, his knowledge of
the subject matter, and his ability to work out the intricacies in what
may be the longest-standing battle in the Congress, and that is on fuel
economies. But he has put together a standard that will work for the
consumers, it will for the environment, it will work for the auto
industry, and it will work for the people who work in that industry.
And, Mr. Dingell, I want to thank you for that. I also want to join
in thanking the Speaker of the House of Representatives for making this
her most important priority for this legislation, to give us an
opportunity, this Congress and the American public, to break with the
past, to break with the stranglehold of the old way of thinking both
about our transportation sector and about our energy sector, to
introduce into that sector the competition of alternative energy
sources, of renewable energy sources, of efficient automobiles that
will change America dramatically.
Whereas, we know, with this legislation, many have said it, by 2030
it will save almost 4 million barrels a day. That is almost the
equivalent of the output of this entire Nation. You can keep thinking
that you can produce your way out of this problem, but it has shown
that we can't. We continue to become more and more reliant on
questionable sources of energy, and yet this legislation itself will
produce, just the automobile standards will produce half of what we
import from the Persian Gulf. This changes that dramatically. You can
find oil in conservation. You can find oil in Detroit. Or you can find
it in the Persian Gulf. We chose to go in the smart direction, to think
about conservation, not only its impact on energy, but on the
environment and on the pocketbook of the American public.
Four million barrels of oil a day saved by 2030, five times the
output of the Alaska pipeline today, five times. It is like finding
money in the street and oil in the street. It doesn't mean we won't
continue to produce, but it means we are going to be very smart about
oil production in this country and about the use of energy on behalf of
this Nation.
I also wanted to mention that we address the jobs that are going to
be created by this commitment to renewables, this commitment to
alternative energy sources, whether it is in nuclear, whether it is in
coal, whether it is in the automobile industry or in the renewables
sources, and that was the green jobs bill to provide training and
expertise for people in solar panel manufacturing, construction work,
and renewable energy and initiatives. Those are very important. Those
were reported out of the Committee on Education and Labor and were
championed by Congresswoman Hilda Solis and by Congressman John Tierney
on that legislation.
This legislation has a potential to create millions of new jobs in
new industries of the future in every geographical sector of America,
not just confined to the old centers of manufacturing, but all across
this country for new high-skilled jobs for the future.
Mr. BARTON of Texas. I would like to yield 3 minutes to the gentleman
from Pennsylvania (Mr. Peterson).
Mr. PETERSON of Pennsylvania. I'm not opposed to CAFE. I'm not
opposed to fuel efficiency. I'm not opposed to biofuels. But, folks,
you are overselling them. We have an energy crisis today, not 5 years
from now. OPEC told us last week no more oil, get used to $90 to $100
oil. Today it is $92. Today we have the highest home heating costs
ever, the highest diesel costs ever, the highest gasoline costs ever.
The poor and middle class of this country are struggling to heat their
homes and afford to drive.
Under this bill, foreign dependence will not decrease. It is
currently at 66 percent, and for the last 10 years, for the last 10
years, 2 percent a year, dependence, 2 percent a year, folks, it is
going to continue for the next 5 because this doesn't produce energy
for 5. If this continues, 76 percent of our energy will be foreign
dependent.
The gentlemen from Massachusetts and California stated we will save 4
million barrels a day with CAFE and biofuels today combined. Not now.
Not in 5 years, but by 2030. That is 23 years. Our increase in energy
need from population growth alone will be greater than that. We grew 5
billion barrel a day in the last 25 years in need for oil. This will
have no impact for 5 years. Can Americans afford no relief for 5 years?
$90 to $100 oil can sink the economy of this country. Every recession
has been energy related. This country is on the verge of going into a
recession because of energy prices. As we conserve and become more
efficient, we must have more energy also, produce the Outer Continental
Shelf, Alaska, and the Midwest and lessen our foreign dependence,
increase nuclear production of electricity, implement clean coal
technology, stimulate the production of fuel and gas from coal.
Our growing need for affordable energy is growing faster than the
savings in this bill. America expects more of us. They don't want to
wait 5 years: high home heating costs, high driving costs, the chance
of their job going abroad. We are going to lose a million or two jobs
in this country because we have the highest energy prices in the world.
Our natural gas prices are higher than everybody, and clean, green
natural gas, which you oppose producing, is the best fuel for America's
future to get us by this difficult stage we are in.
Ladies and gentlemen, we need policy that will bring energy to
Americans so they can afford to live their lives, so they can maintain
the manufacturing and processing jobs, so we can afford to move our
goods across this country.
We are in an energy crisis, folks. This bill does not resolve a
crisis. It has futuristic things in it. But we are not going to resolve
the energy crisis in America. People in America expect more of us, and
we should be delivering more.
Mr. DINGELL. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Speaker, today is a historic day for America. This
legislation blazes a trail by putting small businesses at the forefront
of solving our energy problems. It is clear there is no greater
obstacle to our long-term economic growth than the rising costs of
energy.
With this bill, we are not only addressing this challenge today, but
also for future generations, and leading the effort will be this
Nation's entrepreneurs. This legislation will enable small farmers to
produce more clean energy. Small businesses already make up 85 percent
of the renewable fuels industry, and this ensures they remain
[[Page H16742]]
viable in a global economy. The establishment of the Renewable Fuels
Capital Investment Company will only increase the number of small firms
involved in producing ethanol and biodiesel.
Small manufacturers are also expected to expand their efforts in
improving energy conservation. With greater access to capital for
developing clean technologies, these firms can use these resources to
innovate and create designs to enhance efficiency. When people talk
about a green economy and green collar jobs, they talk about small
businesses.
Mr. Speaker, these reforms sustain and expand the efforts of small
businesses in adding stability to our energy markets. This will be
accomplished by reducing energy usage, encouraging conservation and
limiting greenhouse gas emissions. The bill before us shows that
meeting the needs of our environment doesn't mean we cannot meet the
needs of our economy.
In short, Mr. Speaker, I commend the leadership on this important
bill, support its immediate passage, and urge the President to sign
this into law.
{time} 1230
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to a member of
the Energy and Commerce Committee, the gentlewoman from Nashville,
Tennessee, Congresswoman Blackburn.
Mrs. BLACKBURN. I thank our ranking member from Texas.
I find it so interesting, Mr. Speaker, that so many of our colleagues
refer to this as a historic day. I think, in some regards, it certainly
is. Certainly the New York Times regards it as a historic day, and I
quote from the New York Times this morning where they say, and I am
quoting, ``This is one of the most ambitious dictates ever issued to
American business.''
Now, Mr. Speaker, I think that that happens, because in this 805
pages, the 16 titles of this bill, we don't do anything to produce
energy, and this is not a bill that is focused on energy independence.
But what it does do is pick winners and losers, Mr. Speaker, and that
is something that the American people and American business are going
to realize very, very quickly.
Now, I also find it interesting, and I think it is historic from
another point of view. What has happened to the price of gas at the
pump since the majority took control in January? Since that time, it
has gone up by over 33 percent, and we know that our families are
feeling it more. In January, an average mom in Tennessee's Seventh
Congressional District that I have the honor to represent paid about
$34 to fill up her 15-gallon tank. Today, she is paying $45. Moving us
toward energy independence should be a goal for this Congress, and it
is unfortunate, and maybe it could be termed historic, that this is a
piece of legislation in 805 pages that is not going to do that.
So we are seeing those prices increase. That mom is going to spend an
extra $528 this year in order to fill up that pump. So what we should
be doing is focusing on how we best move this Nation to energy
independence, how we best achieve that goal, and how we best represent
our constituents.
Mr. DINGELL. Mr. Speaker, at this time I yield 2 minutes to the
distinguished gentleman from Minnesota, the chairman of the Agriculture
Committee, my good friend, Mr. Peterson.
Mr. PETERSON of Minnesota. I thank the gentleman.
First of all, I want to rise to commend Chairman Dingell for the
outstanding work that he did on this legislation. He, once again,
produced a good bill that can be signed, as he always does. I also want
to commend the Speaker, the rest of our leadership; the Speaker,
especially, for her focus, or we wouldn't probably be here today.
As chairman of the Ag Committee, the most important part of this bill
is the renewable fuel standard. I want to thank the chairman for
putting a 9-billion-gallon standard in for next year on ethanol. We
have gotten to the point of 7 billion gallons of production right now.
The RFS is 5 billion. In order to keep this industry going, we need
this 9-billion RFS next year. So this is going to get us back on track.
We have a 36-billion-gallon number in the overall bill. What this RFS
does with the 9 billion for ethanol, and 500 million, up to a billion
for biodiesel, it will set the stage for the next generation of
ethanol, which is going to be cellulosic, and for new feedstocks for
biodiesel.
So when you take this bill and put it together with what we have put
in the farm bill, this is going to set the stage for us to be able to
produce at least 30 percent of our fuel from agriculture down the road.
We are not going to be the total solution to this problem, though we
are going to be a big part of the solution, and we are excited about
being involved in this process and making this happen.
So this is a historic day. This is going to be a tremendous boost for
us in agriculture. We just want to thank the chairman and all the
members that worked on this. It's a good piece of legislation, and I
encourage my colleagues to support it.
Mr. BARTON of Texas. Mr. Speaker, I would like to yield 3 minutes to
the distinguished gentleman from the great State of Alaska, former
chairman of the Transportation Committee and the Natural Resources
Committee, Mr. Young.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. My friends, it's not very hard to understand why
our country is facing an energy crisis; in fact, it's very simple.
America needs more oil, gas, coal, nuclear and hydropower. We need more
wind power. But Congress has refused to unlock these resources. This
bill does nothing to release those resources allowed to provide us with
the energy. It concentrates on corn, switchgrass, and a few hybrid
cars.
My friends, oil, gas, coal, nuclear and hydropower are the backbone
of this country. They supply more than 90 percent of our energy needs
to fuel the world's number one economy. I would add that developing
them does not raise the price of food, such as corn. There's no
shortage of these energy resources in America. There is a shortage of
the will to develop them. In fact, the majority leadership of this
body, the last two Democrat Presidents and their allies in the
environmental movement have created a false energy shortage through
their constant attempts to lock up homegrown energy.
Let me give you a few examples. They want to ban all offshore oil and
gas development. They oppose U.S. oil production of North America's
largest onshore prospect. They stopped oil and shale development in the
omnibus spending bill. They opposed coal, and even applauded when
President Clinton locked up millions of tons of clean fuel in Utah.
They want the tens of trillions of cubic feet of clean-burning natural
gas in the Rocky Mountains locked up forever. They oppose nuclear power
plants; they, being the majority party. They oppose hydroelectric
power. They even want to tear down nonpolluting hydroelectric dams in
the Northwest.
They want to impose high taxes on the use of energy, driving energy
prices paid by your constituents to even higher than they are today.
They even oppose using biomass of overgrown, unhealthy forests as a
renewable fuel supply. In particular, the biofuel mandate in this bill
is a direction to burn down forests and close more mills in the West.
More than half of Alaska's Federal land, and we have enormous
potential for a biofuels industry; this bill stops all of that. This
bill will hold Alaska to the highest standards. Alaskans would be
forced to purchase the most efficient, read the most expensive,
appliances. The residents of the wealthy district in San Francisco have
money to buy the most efficient, expensive furnaces and air
conditioners, and I would bet most of them are inclined to spend their
money on them. Many Alaskans, however, cannot afford to spend the extra
$200, $300, $400 for the most efficient furnaces. Under this bill, they
will have to. In a survey of 100 Alaskan communities, the average price
of gas is $5 a gallon.
The majority leader is playing Russian roulette with the economy.
This year, every bill we've passed concerning energy is another bullet
in the chamber of a gun staring point-blank at America's head, and by
my count, it's already fully loaded.
This is a bad bill. It's a charade. It's a disgrace for this body to
vote ``yes'' for this bill. I am urging us to vote ``no.''
Mr. DINGELL. Mr. Speaker, at this time I yield 2 minutes to the
distinguished gentleman from California, the
[[Page H16743]]
chairman of the Committee on Government Reform, my friend, Mr. Waxman.
Mr. WAXMAN. Mr. Speaker, I rise in support of this legislation. It's
a good bill as far as it goes. It's not the best bill. I know we always
hear statements extolling legislation as if it were the best thing
since sliced bread. The bill has some very positive features. It will
give Americans more fuel-efficient automobiles. That could save
families $700 to $1,000 a year, money that won't be going to the Middle
East.
The legislation will give Americans more efficient appliances and
consumer goods, saving us hundreds of billions of dollars on
electricity bills over the next few decades. In the House Oversight
Committee, we reported out a provision in this bill that will
dramatically improve the efficiency of new and renovated Federal
buildings and reduce greenhouse gas emissions associated with energy
use.
But this bill did not keep the provision adopted in the House for
renewable energy, renewable energy that would have moved us away from
burning fossil fuels like natural gas and coal for our electricity.
That was taken out of the House bill, and then the Senate put in a
provision that would have enormous loan guarantees for nuclear power
and the coal industry. So when you look at the balance of what we are
doing for renewables, it is minuscule compared to what we are putting
in for loan guarantees for nuclear and coal. Now, that is not in this
bill, but it is in the omnibus bill, and I am very disappointed in that
provision.
I am disappointed that we didn't go further in a lot of other areas,
but we are going to have to fight for those in the next year. At this
point, I urge my colleagues to support this legislation. I guess it is
the best we could do, and it has got some good features in it. On that
basis, I will vote for the legislation and urge my colleagues to vote
for it as well.
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to another
distinguished member of the committee, the winning pitcher of the
Republican baseball team, the gentleman from Illinois (Mr. Shimkus).
(Mr. SHIMKUS asked and was given permission to revise and extend his
remarks.)
Mr. SHIMKUS. Mr. Speaker, legislation is like making sausage. When
Henry Waxman and John Shimkus come to the floor on an energy bill that
we grudgingly will support, that is probably newsworthy in itself.
A couple of things. First, congratulations to Mattoon, Illinois, that
has been named as the FutureGen site for the next generation of coal-
fired clean emissions plants. I want to put that on the record.
The benefit of this bill is the tax increase is out of this bill.
That is a plus. That is less cost to the American consumer. The RFS is
out of this bill. That is a plus for the consumer. The RFS was unable
to be met and would have been costly to the consumer. The RFS could
have been better. It could have been an alternative fuel standard which
brought in coal-to-liquid technologies that I have talked numerous
times on the floor about, taking coal, using fossil fuels, turning it
into clean-burning liquid fuels. That is a fight we will have to bring
to the floor another time. And the CAFE language is an acceptable
compromise that industry supports.
The world will continue to demand more energy, not less. We have to
focus on more supply. That supply comes from coal. It comes from
natural gas. It will come from nuclear power. While this bill doesn't
measure up to the demands that we need in the future, it is an
acceptable start.
With that, I will support the bill, but continue to come to the floor
talking about the importance of bringing coal, nuclear and natural gas
portfolios to the energy debate; coal-to-liquid technologies, which
takes a natural resource; a U.S. refinery to fuel our war machines of
the future, whether that is aviation fuel, whether that is diesel fuel;
clean-burning technologies that are available today. The majority is
going to have to wise up and know there has to be more supply in the
energy debate.
Mr. DINGELL. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Maryland, a member of the committee, my friend Mr. Wynn.
Mr. WYNN. Mr. Speaker, let me begin by saying that I rise in strong
support of this measure. I want to thank our chairman, Mr. Dingell, for
his excellent work in what was obviously a long and contentious
process. I want to particularly note the work of the subcommittee
chairman, Mr. Boucher, the gentleman from Virginia. He did an excellent
job moving us through this process.
This bill does several very good things. The underlying philosophy,
though, is simply this: We all want energy independence. We all want to
reduce global warming. But the fundamental thing we have to do here in
America is change the way we live. We have to conserve and we have to
save, and this bill puts us on the right road to accomplish those two
goals.
First, the bill addresses the question of fuel efficiency with a
compromise that most people can live with, and that is significant
because we drive a lot of cars in this country, and it is important
that we get the best fuel economy that we can get.
We also do some very simple things, such as address the question of
energy-efficient light bulbs. Everybody uses light bulbs, and we can do
better. This bill moves us in that direction and encourages the
development of more energy-efficient lighting.
Also, in the course of the hearings conducted by the subcommittee
chairman, Mr. Boucher, we heard the National Conference of Mayors say
that we need a partnership. If we are serious about energy efficiency
and all these lofty goals, it is not just a Federal problem. It is a
Federal, State and local problem, and they urged us to include a block
grant program to help States and cities and counties participate in the
issue of energy efficiency.
That language is in this bill. It is called the Energy Efficiency
Block Grant Program. It is authorized to the tune of $10 billion. It
will allow cities to develop comprehensive programs; towns and counties
to develop programs to create energy efficiency, such as programs for
homeowners, weatherization programs for seniors, a planning guide for
green buildings and more efficiency in planning, traffic flow
improvements. All these things could be done through this block grant
program.
The bill is good. It leads us in the right direction. I urge its
adoption.
{time} 1245
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from the Great State of Enchantment, Mr. Pearce
of New Mexico.
(Mr. PEARCE asked and was given permission to revise and extend his
remarks.)
Mr. PEARCE. Mr. Speaker, once again we are here to vote on the
majority's newest No Energy Act, and I stand in opposition to that when
America is facing the highest energy costs ever. We are here today with
a bill that mandates plenty, but has no new energy.
We are told that today is a turning point, and it absolutely is a
turning point. Last night in that first turning point we took 2
trillion barrels of American oil off the market. Instead of closing off
American jobs, we should be working to encourage American energy
companies to expand their operations building U.S. jobs and cutting
back on the money we send to the Middle East.
It is a turning point today if you need the muscle of an SUV or
strong pickup. You just aren't going to have that if you are a rancher
or maybe in the oil and gas industry or something in the mining
industry. It is a turning point for biomass, because we in the West
have many Federal lands, but we are restricted from taking off biomass
from those Federal lands by this bill today. It is a turning point for
conservation, because if you own a 20-room house, 10,000-room mansion
like Al Gore does, you might be able to afford the new conservation
techniques that are implied and required in this bill. If you are
making $25,000 a year, in New Mexico, you probably can't afford that
replacement furnace.
Our economy needs an expanded domestic energy supply. We need more
clean domestic natural gas; we need to open our lands to renewable
energy development, we need to utilize our domestic oil reserves; and
we need to develop nuclear energy. And this bill is silent about
nuclear energy. We need to make energy more affordable by making the
supply greater.
[[Page H16744]]
Our largest competitor, China, has made that choice. They are
building one new coal plant each week for the next 10 years. We are
trying to stop those plants here. It is the most affordable of energy.
China has doubled their domestic natural gas supply since 2000. How
different would our economy be? This is a bad bill. We should turn this
bill down and do what is right for the country.
Mr. DINGELL. Mr. Speaker, at this time I yield to the distinguished
member from New Hampshire, the Honorable Ms. Shea-Porter, 2 minutes.
She is a valuable Member of the body, and we are glad to hear from her.
Ms. SHEA-PORTER. I thank all those who worked so hard to produce this
bill.
Last year, the class of 2006 listened as Americans spoke out
demanding that we change direction in our energy policy. Americans,
regardless of their political affiliation, understood that America was
in an energy crisis, that we were too dependent on foreign oil, that we
were unable to carry the message of conservation across this land, and
that we had very poor gas mileage at a time when the technology has
been in existence for many years. So Americans asked Congress to make
this change, and we were sent to Washington to do that. And I am
standing here today so proud to say that this is the day that we are
going to answer Americans' concerns.
We have now passed a bill, or will be passing a bill, that is not one
that has everything that we wanted in it, obviously, but we have the
direction and we have the energy and we have the resources and we have
the plan.
We are increasing the gas mileage. For the first time in over 30
years we are finally increasing our gas mileage. We are reducing our
oil dependence on foreign nations. We have been forced to talk to
foreign nations for our oil. That is the wrong approach in this country
and an unnecessary approach. We are increasing biofuels, which will be
our future, and we are growing jobs. This is critical for our economy
right now. We are expecting that there will be 3 million new jobs
across America because of our green incentive here.
We are increasing our energy efficiency, and we are also convincing
the younger generation that conservation is our future, and that our
generation is listening to their generation and protecting future
Americans. I urge my colleagues to recognize what we have done here and
to support every effort of the legislation, and I thank those who
brought this to the floor.
Mr. BARTON of Texas. I yield 3 minutes to the distinguished ranking
member of the Energy and Air Quality Subcommittee, Mr. Upton, of the
Wolverine State of Michigan.
Mr. UPTON. Mr. Speaker, Mr. Waxman lamented on the floor a few
minutes ago than this was the best that we could do. I am sorry that I
don't agree with that.
By the year 2030, our energy needs are going to grow by more than 50
percent, and none of us, none of us here, none of us in the country are
happy with the energy prices or our reliance on foreign oil, and all of
us realize that we have to do a lot more. Just because this is the last
day or two of the session, to bring up a bill to just say that we
tackled the energy issue, I don't think is good enough.
This process was pretty much closed. There were few amendments that
were allowed in the process. We had no conference. I can remember
serving on the 2005 energy bill conference with Mr. Dingell and Mr.
Barton, my chairman then, and together we collectively passed
bipartisan legislation that we were indeed proud of. But this
legislation is not as good as we can do. It is not comprehensive. It
doesn't deal with coal, which provides nearly 50 percent of this
Nation's energy. It doesn't deal with nuclear power, which today
provides 20 percent of our Nation's needs. We know that we are going to
need to build probably about another two dozen nuclear facilities by
the year 2030 to maintain 20 percent. It does nothing on nuclear.
RPS, the renewable portfolio standard, I think many of us can support
that. Maybe not the amendment that passed here in the House that the
Senate rejected, but there is room for a compromise here. We can do
things on wind and solar. We didn't even have the opportunity on this
floor or in committee to really come up with a respectable RPS
amendment. Coal-to-liquid, there is a bipartisan bill out there that is
led by Mr. Boucher and Mr. Shimkus, I am a cosponsor, that deals with
carbon sequestration. Again, it is not part of this bill.
Mileage standards. No, it is not a perfect provision. We can all
support increasing mileage standards. But, again, we missed the
opportunity to work together to get a bill that in fact could move this
country forward. Biofuels, we have a biofuel mandate here, but we don't
have the technology. How are we going to complete the action on this?
How wise is that? Mr. Speaker, this bill is, frankly, incomplete.
Now, I am the new ranking member on the Energy and Air Quality
Subcommittee, and I would like to think that in the days ahead, the
weeks and months ahead, after this bill in the early new year, that Mr.
Boucher, my chairman in my subcommittee, Mr. Dingell, the chairman of
the full committee, and Mr. Barton, my great friend and former chairman
and now ranking member, can in fact sit down together so that we can
work on a comprehensive bill that deals with all of these different
issues that we can then bring back on the House floor and bring back a
bill that every one of us here can be proud of that will take a giant
leap in the right direction, rather than taking a baby step here or
there and somehow saying we have passed it, we have got a Band-Aid, it
is now done.
Mr. Speaker, we can all do better than this, and I am sorry that this
bill is coming to the floor in the shape that it is in.
Mr. DINGELL. Mr. Speaker, at this time I yield to the distinguished
gentlewoman from Texas (Ms. Jackson-Lee) for the purpose of a unanimous
consent request.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. I thank the distinguished chairman. I,
because of my representation of the energy capital of the world,
Houston, Texas, support this particular legislation, for it makes a new
statement about energy.
Mr. Speaker, first and foremost, I think it is imperative that we all
agree on the vital importance of America achieving energy independence
in the 21st century. We must end our addiction to foreign sources of
oil, most of which are found in regions of the world which are unstable
and in some cases, opposed to our interests. Accordingly, there is no
issue more integral to our economic and national security than energy
independence.
The Energy Independence and Security Act is important and
multifaceted legislation which will make substantial strides toward
energy independence for our Nation, while also encouraging the
development of innovative new technologies, creating new jobs, reducing
carbon emissions, protecting consumers, shifting production to clean
and renewable energy, and modernizing our energy infrastructure.
I would like to begin by commending the Speaker of the House, Ms.
Pelosi, for her leadership in introducing this legislation and bringing
it to the floor. The bill we have before us today builds upon the New
Energy Independence, National Security, and Consumer Protection Act, of
which I was a supporter, which passed last summer. This new piece of
legislation represents Democrats' commitment to bring a comprehensive
new direction to the people of the United States, a new direction which
must ensure America's energy independence as well as an America
conscious of and working to combat global climate change.
In addition to being from the energy capital of the world, for the
past 12 years I have been the chair of the Energy Braintrust of the
Congressional Black Caucus. During this time, I have hosted a variety
of energy Braintrusts designed to bring in all of the relevant players
ranging from environmentalists to producers of energy from a variety of
sectors including coal, electric, natural gas, nuclear, oil, and
alternative energy sources as well as energy producers from West
Africa. My Energy Braintrusts were designed to be a call of action to
all of the sectors who comprise the American and international energy
industry, to the African American community, and to the Nation as a
whole.
Energy is the lifeblood of every economy, especially ours. Producing
more of it leads to more good jobs, cheaper goods, lower fuel prices,
and greater economic and national security. Bringing together
thoughtful yet disparate voices to engage each other on the issue of
energy independence has resulted in the beginning of a transformative
dialectic which can ultimately result in reforming our energy industry
to the extent that we as a nation achieve energy security and energy
independence.
[[Page H16745]]
Because I represent the city of Houston, the energy capital of the
world, I realize that many oil and gas companies provide many jobs for
many of my constituents and serve a valuable need. The energy industry
in Houston exemplifies the stakeholders who must be instrumental in
devising a pragmatic strategy for resolving our national energy crisis.
That is why it is crucial that while seeking solutions to secure more
energy independence within this country, we must strike a balance that
will still support an environment for continued growth in the oil and
gas industry, which I might add, creates millions of jobs across the
entire country.
We have many more miles to go before we achieve energy independence.
Consequently, I am willing, able, and eager to continue working with
Houston's and our Nation's energy industry to ensure that we are moving
expeditiously on the path to crafting an environmentally sound and
economically viable energy policy. Furthermore, I think it is
imperative that we involve small, minority and women owned, and
independent energy companies in this process because they represent
some of the hard working Americans and Houstonians who are on the
forefront of energy efficient strategies to achieving energy
independence.
This unprecedented piece of legislation contains numerous important
provisions. Specifically, it contains provisions that will require that
new cars and trucks increase their fuel economy standards to 35 miles
per gallon by the year 2020. This provision alone is estimated to save
American families $700 to $1,000 a year at the gas pump. Congress has
not increased the fuel economy standards since 1975, illuminating the
historical new direction this Congress is taking to ensure America's
energy security and independence.
Furthermore, this important legislation encourages and promotes the
use of renewable forms of energy produced right here in the United
States. Not only does it require that 15 percent of our electricity
come from renewable sources, but it also provides incentives in the
form of tax credits for those American's who are conscious of their
energy production and consumption. With America's leading energy
producers as an integral part of the solution to our current foreign
energy dependence, we will be able to move forward to a new period in
which America will be secure in its domestic energy supply.
According to the U.S. Minerals Management Service, MMS, America's
deep seas on the Outer Continental Shelf, OCS, contain 420 trillion
cubic feet of natural gas, the U.S. consumes 23 TCF per year, and 86
billion barrels of oil, the U.S. imports 4.5 billion per year. Even
with all these energy resources, the U.S. sends more than $300 billion,
and countless American jobs, overseas every year for energy we can
create at home. I believe that we should mandate environmentally safe
and efficient exploration techniques in the gulf coast which energy
companies have demonstrated a willingness and capacity to utilize. By
ensuring access to increasing sources of energy in an environmentally
conscious way, I believe we can decrease our dependence on foreign oil.
This bill also contains a crucial international component. Global
climate change is a truly global problem. It is real; it is imminent;
and it is our responsibility to work with the rest of the international
community to develop a coordinated global response to this potentially
devastating phenomenon. Because this legislation contains an
unprecedented fuel efficiency standard as well as a renewable
electricity standard in conjunction with a myriad of energy efficiency
provisions, it will significantly reduce the carbon dioxide emissions
of the United States that lead to climate change.
Furthermore, I support innovative solutions to our national energy
crisis, such as my legislation which alleviates our dependence on
foreign oil and fossil fuels by utilizing loan guarantees to promote
the development of traditional and cellulosic ethanol technology. This
legislation significantly strengthens and extends existing renewable
energy tax credits, including solar, wind, biomass, geothermal, hydro,
landfill gas, and trash combustion. Furthermore, it will bolster
research on geothermal, solar, and marine renewable energy, providing
us with the information we need to move forward in the trajectory of
clean, renewable, and domestically produced energy.
The Energy Information Administration estimates that the United
States imports nearly 60 percent of the oil it consumes. The world's
greatest petroleum reserves reside in regions of high geopolitical
risk, including 57 percent of which are in the Persian Gulf.
Replacing oil imports with domestic alternatives such as traditional
and cellulosic ethanol can not only help reduce the $180 billion that
oil contributes to our annual trade deficit, it can end our addiction
to foreign oil. According to the Department of Agriculture, biomass can
displace 30 percent of our Nation's petroleum consumption.
Along with traditional production of ethanol from corn, cellulosic
ethanol can be produced domestically from a variety of feedstocks,
including switchgrass, corn stalks, and municipal solid wastes, which
are available throughout our Nation. Cellulosic ethanol also relies on
its own byproducts to fuel the refining process, yielding a positive
energy balance. Whereas the potential production of traditional corn-
based ethanol is about 10 billion gallons per year, the potential
production of cellulosic ethanol is estimated to be 60 billion gallons
per year.
In addition to ensuring access to more abundant sources of energy,
replacing petroleum use with ethanol will help reduce US carbon
emissions, which are otherwise expected to increase by 80 percent by
2025. Cellulosic ethanol can also reduce greenhouse gas emissions by 87
percent. Thus, transitioning from foreign oil to ethanol will protect
our environment from dangerous carbon and greenhouse gas emissions.
With its commitment to American biofuels, this legislation calls for a
significant increase in the Renewable Fuels Standard. It encourages the
diversification of American energy crops thus ensuring that biodiesel
and cellulosic sources are key components in America's drive to become
energy independent.
This legislation goes further than any previous attempt at securing
America's energy security by providing incentives and rewards for the
population for their use and production of renewable energy. It will
also help the American family in its production of over 3 million green
jobs over the next 10 years as well as increasing the loan limits that
will help small businesses develop energy efficient technologies and
purchases.
Mr. Speaker, this comprehensive legislation addresses the full range
of concerns raised by global climate change. It offers wide-ranging
solutions to the serious problems we, as a nation and as an
international community, face. It demonstrates the ongoing commitment
of this Democratic Congress to address these important issues, and to
provide tangible and beneficial solutions.
I am proud that through our efforts at compromise, this legislation
reflects an improvement from H.R. 2776, the Renewable Energy and Energy
Conservation Tax Act of 2007, which we passed in August. However, I am
concerned that this legislation still contains provisions repealing tax
incentives for oil and gas companies which may have a negative effect
on access to important sources of energy. In particular, I am concerned
that the domestic manufacturing deduction could discourage new domestic
oil and natural gas investment by making these investments
comparatively less competitive than competing foreign investments.
Moving forward, I think it would be prudent for this Congress to
consider linking an increase on taxes with an increase in access to
domestic exploration of available sources of energy, such as the gulf
coast.
I urge my colleagues to be balanced and prudent in their approach in
addressing our energy needs. By investing in renewable energy and
increasing access to potential sources of energy, I believe we can be
partners with responsible members of America's energy producing
community in our collective goal of reaching energy independence.
Mr. DINGELL. Mr. Speaker, I yield to the distinguished gentleman from
Indiana (Mr. Hill), who has provided such extraordinary leadership in
the consideration of this legislation, 2 minutes.
Mr. HILL. Mr. Speaker, there is an old saying that says, in order to
travel a thousand miles you have got to take the first step. And this
is the first step that we are taking on a long road to energy
independence.
This is such an important issue, energy independence, and there are
almost too many people to thank for putting this first step together.
But I want to begin by thanking the environmental groups and the
automobile industry for coming together on a compromise on CAFE
standards. For the first time in 32 years, we are actually increasing
the fuel efficiencies that car manufacturers must adhere to in terms of
making a car that travels on better fuel efficiencies. That standard
has been raised to 35 miles per gallon. And this is a very tough
standard to attain, but one that the automobile industry says that they
can do.
As I said, for the first time in 32 years we have these new standards
in place, and I think that is a major, major accomplishment.
In order to travel the other thousand miles, we have got a lot more
things to do and we have time to do it to make us energy independent.
But I would like to take the opportunity to thank the chairman of the
Energy and Commerce Committee, who comes from automobile land in
Michigan, for stepping forth and making sure that these new standards
were to become law. Nothing short of big compliments to
[[Page H16746]]
him for stepping up to the plate and making sure that we move forward
on these new standards.
This is a new day. This is a good energy bill, one that we are going
to pass today. These new CAFE standards are something that we should
all be proud of, and I would again like to thank my coauthor on the
bill that I introduced, Lee Terry from the great State of Nebraska, for
helping us move this piece of legislation forward.
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to one of the
leading experts in the Congress on the theory of peak oil, Mr. Bartlett
of Maryland.
(Mr. BARTLETT of Maryland asked and was given permission to revise
and extend his remarks.)
Mr. BARTLETT of Maryland. We have about 1 trillion barrels of
recoverable known reserves. The undiscovered reserves are going to be a
relatively small fraction of that. If we could pump those undiscovered
reserves tomorrow, what would we do the day after tomorrow? And there
will be a day after tomorrow.
I have 10 kids, 16 grandkids and two great grandkids. We are leaving
them a horrendous debt, although not with my votes. Wouldn't it be nice
to leave them a little oil? I am not anxious to find and exploit these
undiscovered reserves.
I really would like to vote for this bill, because we desperately
need an energy bill. The world, and particularly the United States,
faces a real challenge on energy in the future. I cannot vote for this
bill primarily because of the corn ethanol mandate.
A recent article in The Economist noted that our use of corn for
ethanol doubled the price of corn about 1 year ago. Farmers then moved
lands that would have been in soybeans and wheat to corn. We have now
further increased the cost of corn, and we have increased the cost of
soybeans and wheat the world around. One of the members of the United
Nations said that what we have done is a crime against humanity. And
the effect we have had on gasoline use has been absolutely trifling.
The National Academy of Sciences says if we converted all of our corn
to ethanol and discounted for fossil fuel input, it would displace 2.4
percent of our gasoline.
Mr. Speaker, this really represents one of those times, as the old
farmer says, that the juice ain't worth the squeezing. We can do
better.
Mr. DINGELL. Mr. Speaker, I reserve the balance of my time.
Mr. BARTON of Texas. Mr. Speaker, could I inquire as to how much time
remains on each side.
The SPEAKER pro tempore. The gentleman from Texas has 6\1/2\ minutes
remaining; the gentleman from Michigan has 8\1/2\ minutes.
Mr. BARTON of Texas. Mr. Speaker, I yield 1\1/2\ minutes to the
distinguished gentleman from the Sunshine State of Florida (Mr.
Stearns).
Mr. STEARNS. I thank the distinguished ranking member.
Mr. Speaker and my colleagues, when you look at this bill, the
question you should ask: Has this been tried before and has it been
successful?
Corn ethanol is not an efficient fuel, as mentioned by the previous
speaker. Even if the Nation's entire corn crop was used for ethanol, it
would replace only 12 percent of current gasoline use. Worse, taxpayers
will pay twice for ethanol: at the pump; but, more importantly,
billions of dollars for these dollars through subsidies.
When you go into the European Union, you ask, How is it working over
there? Well, there is a report. October 2007 Report ``Leaping Before
They Looked. Lessons From Europe's Experience With the 2003 Biofuel
Directive,'' by the Clean Air Task Force states that a 2003 European
Union mandate to increase and promote the use of biofuel has
exacerbated some of the very problems it was designed to solve, driving
up food prices.
{time} 1300
So my colleagues, this makes the problem worse, driving up food
prices, leading to increased deforestation in tropical countries,
worsening global warming and increasing imports of bio-oils.
So this is a report from the European Union which is trying to do the
same thing you are trying to suggest in this bill. It did not work
there and probably won't work here in the bill.
Lastly, I would conclude that the cellulosic biofuel credits is
really based on something that is totally not science driven.
So I ask my colleagues to vote ``no'' on this bill.
Mr. DINGELL. Mr. Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Langevin).
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. I thank the gentleman for yielding.
Mr. Speaker, it is with great pride that I rise in strong support of
H.R. 6, which will help our Nation take a major step towards energy
independence. This legislation is truly historic, and I commend all of
the sponsors and all who had a hand in bringing this legislation to the
floor today.
Ladies and gentlemen, we cannot dig or drill our way out of our
energy crisis. We need a better way. We need new strategies to develop
sources of energy that will move our Nation away from our reliance on
oil and gas. This legislation will benefit our environment by reducing
our greenhouse gas emissions, our economy by creating new industries
and jobs, and our national security by reducing our dependence on
foreign oil.
I am particularly pleased that H.R. 6 includes the first significant
increase in automobile fuel economy standards in a generation. We have
the technology to make our vehicles more efficient, and it is past time
that we do so. While I wish that the bill retained the renewable
electricity standards and the tax provisions that the House passed, I
will keep working with my colleagues to see those efforts someday
become law in the very near future.
In closing, I commend the many people who put together this historic
legislation, and I urge all of my colleagues to support it.
Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the gentleman
from South Carolina (Mr. Inglis).
Mr. INGLIS of South Carolina. Mr. Speaker, I thank the gentleman for
yielding, especially since I am going to speak in favor of the bill.
And the reason I am going to speak in favor of the bill and vote for it
is because I think it is the beginning of a commitment to doing
something about our energy dependence on foreign fuels.
Recently, I had the opportunity to be in Brazil. In the 1970s, Brazil
made a commitment to move away from their dependence on imported oil
and they developed ethanol from sugarcane. We don't have sugarcane, but
we have something else that is in this bill. We have hydrogen, lots of
it. In fact, it is the world's most common element.
So within this bill is the H Prize, which rewards entrepreneurs and
inventors who can come up with a well-to-wheels transformation toward
the hydrogen economy with a $10 million prize, hopefully augmented by
$40 million worth of private money. This is patterned after the Ansari
X Prize which incentivized entrepreneurial space flight.
So what we would hope to accomplish with the H Prize, which House
Members have voted twice in favor of with over 400 votes both times, is
to break through to hydrogen. I support the bill.
Mr. DINGELL. Mr. Speaker, I yield to the gentleman from Texas (Mr.
Lampson) 2 minutes.
Mr. LAMPSON. I thank the chairman for allowing me to come in and
weigh in on this important measure. I am proud today to vote for this
comprehensive energy package which includes two bills that I introduced
related to enhancing biofuels and also industrial efficiency research
and development.
Diversifying our energy supplies will help our Nation lead the way
toward greater energy independence. However, we must commit to even
more research and development in order to remain the world leader that
we have been. We are competing with China and Japan and Russia and many
other nations to find new resources and technologies. As we grow our
technologies, we grow the availability of resources that we are trying
to seek and use. And if we don't rededicate our Nation's know-how and
might to the pursuit of science and technologies, I believe we will
relegate ourselves to second-class status in the world.
While this bill will not bring down energy prices overnight, it is an
important step in the right direction. Estimates show that these
provisions will
[[Page H16747]]
save Americans more than $400 billion and reduce energy consumption by
at least 7 percent by 2030. We can achieve that and more.
Our Nation has reached a critical point, and the time is now for us
to lead the way toward cleaner fuel, increased efficiency standards,
and much-needed research and development. When we lead, we prosper.
Passing this bill is a start. Making it better next year and the year
after will ensure our leadership in the world. We can and we absolutely
must achieve these significant goals by passing this bill. I encourage
support for H.R. 6.
Mr. BARTON of Texas. Mr. Speaker, I only have myself to close,
perhaps one other speaker who is in the cloakroom, so I reserve the
balance of my time.
Mr. DINGELL. Mr. Speaker, we have no remaining speakers save my
strong desire to yield the remainder of our time to our distinguished
Speaker who will close for our side, but I want to say a nice word
about my good friend, the gentleman from Texas. He is a valuable Member
of the body and a great friend of mine and it is always a pleasure to
work with him, even when we are on opposite sides.
If he would proceed to close, then I would yield to our Speaker for
our closing remarks.
Mr. BARTON of Texas. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, we don't get elected to come to Congress and be against
things. As the chairman of the Energy Committee in the last Congress, I
was honored to chair the conference committee which passed the most
comprehensive energy bill to become law in the last 20 to 30 years, so
it is with a heavy heart that I come to the floor today to oppose this
particular energy bill.
I don't oppose it out of spite and I don't oppose it because there is
a different majority; I oppose it because of what is in it and what is
not in it. Let's talk about what's not in it.
There is nothing in it for coal to liquids. There is nothing in it
for the domestic oil and gas industry. There is very little in it for
the nuclear industry. So for all of the conventional energy sources
that fuel this great Nation, this is basically a no-energy bill.
We are not a have-not Nation in terms of energy. We have the ability,
if we wish to, to be close to self-sufficient in energy production for
our own consumption in this Nation.
Hypothetically, this bill may do something to reduce the amount of
oil that we import, but only hypothetically. We use about 12 million
barrels of oil per day that is converted to gasoline, and my guess is,
in the year 2020, we are going to use more than 12 million barrels of
oil a day to convert to gasoline and diesel fuel. So while it will
certainly save some energy, because of the growth, I would argue that
we will probably end up using as much imported oil as we do today.
What this bill really is is a recipe for recession. Why do I say
that? The cost of fuel is going to go up if this bill does what it is
supposed to do, and that is going to be an incentive for recession. The
cost of building our homes is going to go up because of all of the new
building code restrictions for so-called green buildings in this bill.
The cost of electricity is going to go up. The cost of manufacturing
our automobiles and our trucks is going to go up.
In 1966, my father's Ford Fairlane 500 got 17 miles to the gallon. It
cost about $4,000 in 1966 dollars. That equivalent vehicle today would
cost, in the order of magnitude, $25,000. The vehicles that are going
to be made to meet this 35-mile-per-gallon standard in the year 2020
are probably going to cost, in order of magnitude, $10,000 to $15,000
more than they do today. That is a recipe for recession.
The cost of appliances is going to go up because of all of the new
efficiency standards we are putting in for appliances. And even the
cost of light bulbs is going to go up. The light bulbs that light this
Chamber right now will be illegal when this bill becomes completely
implemented. The incandescent light bulb that you can get for 90 cents
or 50 cents at Wal-Mart is going to be outlawed. You will have to pay
$8 to $10 for these new fancy light bulbs. That is a cause for
recession.
So what happens when all of these costs go up, Mr. Speaker? Jobs go
down. Jobs in our real estate and home construction building are going
to go down. Jobs in manufacturing are going to go down. Jobs in our
automobile assembly industry are going to go down. Jobs in retail sales
are going to go down. Costs are going to go up and jobs are going to go
down.
And the shame of it is that we could have passed an energy bill in
this Congress that we could have all voted for. We could have put some
of the things that are in this bill. We are not opposed to some
increase in CAFE. We could have had an agreement on CAFE that balanced
an increase in supply perhaps by drilling in ANWR so we get more oil
production domestically, we get some energy conservation domestically.
That is a doable deal. We could have done a coal-to-liquids title in
this bill. Vote ``no'' on the bill.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. DINGELL. Mr. Speaker, I yield to my good friend. I don't agree
with what he is saying, but I love him dearly and I think even though
he is making a bad speech, I want him to have another minute. So I
yield him, at this time, 1 additional minute.
Mr. BARTON of Texas. I do thank my good friend, the chairman of the
Energy and Commerce Committee. We disagree on some policies, but we
don't disagree on our love for the institution and the love for
democracy.
In closing, Mr. Speaker, let me simply say, as I have already said,
this is not a have-not Nation, but the energy bill before us today is
acting as if we are a have-not Nation.
We can use the domestic resources. We can produce more energy, and
yes, we can conserve energy. We can lead the world as we have led the
world in the post-World War II era, but this bill is, in my opinion, a
recipe for recession, and I would strongly urge a ``no'' vote. And I
thank my good friend from Michigan for yielding me the additional time.
Mr. DINGELL. Mr. Speaker, with appropriate thanks to her and with
great respect for her and appreciation of her extraordinary leadership
in this very difficult matter, it is with a great deal of pleasure that
I yield to our distinguished Speaker the balance of our time on this
side.
Ms. PELOSI. Mr. Speaker, I thank the gentleman from Michigan, the
chairman of the Energy and Commerce Committee, for his kind words and
for his tremendous leadership.
Because of his leadership and that of 10 other Members, Chairs of our
committees of jurisdiction, working in a bipartisan way, we are able to
bring earth-shattering change in terms of energy policy to the floor of
the House. Here we are today. Here we are today to pass a bill that
passed in the Senate 88-6; 88-6, very strong bipartisan support for
this legislation.
Today in the House, we have the opportunity to give that same kind of
validation and legitimacy to a new direction in energy security for
America. It is about our national security. Admiral McGinn, when he
spoke recently, said that our dependence on foreign oil presents a
clear and present danger to our country. It is a matter of our national
economy.
Congresswoman Velazquez, Chair of the Small Business Committee, and
Congressman George Miller, with the Green Jobs Initiatives, can show a
new way to build a new economy involving many more people and the new
technologies that will be unleashed because of this legislation.
{time} 1315
It's about protecting our environment. Congressman Rahall, Chairman
Rahall and his Natural Resources Committee provided great leadership,
as did the Chair of the Government Reform Committee, Mr. Waxman, who
has long been a supporter of energy security and energy independence.
The list goes on: Mr. Oberstar, the greening of the Capitol and the
Federal buildings across the country and what that will save, and many
more initiatives that he has presented.
The chairman of the Ways and Means Committee provided the way to pay
for it. That was rejected in the Senate, but we will revisit that issue
in a manner that I think will receive strong bipartisan support.
The chairman of our select committee, Mr. Markey, did an excellent
job in keeping this issue alive, as he has worked on it for many, many
years.
[[Page H16748]]
What other Chairs? I'm looking around the room at our Chairs. I'll
talk about them as we go along.
Mr. Bart Gordon, Chair of the Science and Technology Committee, is
really in the forefront. So much of this bill comes out of his
committee.
Mr. Speaker, the work that was done by the distinguished chairman of
the Energy and Commerce Committee, Mr. Dingell, is breaking ground.
It's groundbreaking in terms of what it will do in savings to the
consumer, what it is doing in terms of protecting the environment, and,
again, what it is doing to provide a new direction. And it does so in a
way that breaks ground but does not leave it broken. It takes us to a
new place, and I thank him for that leadership. It's a tremendous
addition to this legislation.
And the United States Senate, two of their major provisions,
renewable fuel portfolio, and the CAFE, were leadership issues, and I'm
glad that we were able to work out those, reconcile the differences
between the House and the Senate, again with the leadership of Mr.
Dingell.
I think of us as being in a place where we're looking at the horizon,
whether we're on a ship, or wherever we are, looking at a horizon. And
this legislation takes us closer to that horizon. But as with all
horizons, they keep getting farther away. But they lead us and reaching
for it takes us to a whole new world. And that's what this legislation
does.
My colleagues in this Chamber, our guests. Am I allowed to address
them, Mr. Speaker? You are present at a moment of change, of real
change, of rejecting the past, respecting the values of the past, but
rejecting the insistence that we stay in the past and go into the
future. This is about a choice between yesterday and tomorrow.
And while I would have liked to have had the full package that passed
here with overwhelming bipartisan support in the House, I salute this
bill for what it does do and respect it for that, rather than judge it
for what it does not, because we have plenty of time, interest,
knowledge, know-how and bipartisanship to move forward to make even
more change.
It's, as I said, a national security issue. It's an economic issue,
an environmental issue and therefore a health issue. It is an energy
issue, and it is a moral issue. It's a moral issue, and that's why we
worked closely with the evangelical and faith-based communities, with
scientists and faith-based, with business and environmentalists, with
our friends in labor who support this legislation, to preserve God's
beautiful legacy to us. It is His gift to us, and we have a moral
responsibility to preserve it.
We have to think about our consumers every single day. That's who we
represent. They are our bosses, and their well-being is our mission, to
protect their well-being.
This legislation will save the average driver who goes up to the pump
and has the shock that consumers are having, this legislation alone
will save the average driver between $700 and $1,000 per year. It adds
up to $22 billion in net annual consumer savings in the year 2020.
In order to reduce the price at the pump, the increasing of the fuel
efficiency standards to 35 miles per gallon is historic. It's the first
time in 32 years that this has happened.
So whether we're thinking as consumers and very personally about what
this means in the lives of our constituents as they see their energy
costs go up at the pump or in heating their homes at this Christmas
season, or we're thinking of our national defense and our national
economy, this is as personal as each and every one of our consumers. It
is as global as the planet, and the opportunity provided to take us to
a new horizon, to see a new world, a new era of possibility is here
with us today. I hope, as a Christmas present to our constituents and,
especially to the children, because it's about their future, that we
would have very, very strong bipartisan support for this legislation.
In the Senate, as I said, 88-6, a beautiful vote. I hope that we can
replicate that in the House.
In any event, this great opportunity for us would not have been
possible without the leadership of you, Mr. Chairman, so many of our
chairmen, including the gentleman in the Chair, working from the
Appropriations Committee, Mr. Obey, and so many others of us.
As I salute our chairmen for the intellect, the institutional memory,
the legislative know-how that they brought to this process, I also want
to give a special thank you to our freshman class. They came to this
Congress to make change. They know how essential protecting our planet
is. They know the concerns of their constituents. They're fresh out of
the trenches, dealing with them. And without that freshman class, if I
may call them freshmen, we would not have had the success that we have
had today.
So this has been a collaboration on both sides of the aisle, from our
most senior Members to our newest Members of Congress, to invigorate
us, to encourage us to make the change that we're making today. I'm
absolutely delighted about it. I can't wait until we join with the
President of the United States when he signs this legislation into law
and takes a step forward into the future.
Mr. TERRY. Mr. Speaker, I rise today to thank Chairman Dingell, Baron
Hill, John Campbell and others for their assistance in negotiating the
landmark fuel economy provisions in this bill. Without the hard work of
these Members, we would not have been able to reform our Nation's fuel
economy standards in a manner that increases fuel economy by 40 percent
while preserving jobs and vehicle choice. The Hill-Terry fuel economy
reforms will reduce overall gasoline consumption and its attendant
carbon emissions, goals that Members of both parties support.
This bill also has strong energy efficiency provisions, which like
the Hill-Terry fuel economy reforms, will reduce demand for energy in
the long term. While I support and will vote for the bill for these
reasons, I am extremely disappointed this bill does nothing to address
the supply side of energy. By not addressing the supply side of energy
security, this bill is woefully deficient in preparing America for a
future in which our energy supply must grow to continue supporting our
domestic manufacturing base, as well as a future and present where
other nations are locked in an ongoing competition around the world to
secure energy resources for the future.
Mr. Speaker, I am proud that the Hill-Terry fuel economy reforms will
help reduce the amount of gasoline our Nation imports. I am also proud
of the increased renewable fuels standard, which will encourage more
production of ethanol and biodiesel to further reduce demand for
foreign imports. But these provisions coupled with energy efficiency
measures are not enough.
To truly address the energy challenges our Nation will face in the
future, we must embrace every available technology at our disposal.
Given the majority's concern for carbon emissions, I am surprised they
oppose further development of our Nation's nuclear power industry.
Nuclear power is cheap, produces no emissions, generates good jobs and
is a net benefit to the communities in which plants are located.
Additionally, the bill ignores America's greatest natural resource:
coal. It is no understatement that Illinois is the Saudi Arabia of
coal. Combined with coal resources in other States, our Nation has
enough coal to supply all of America's energy needs for in excess of
150 years. Yet the bill contains no provisions to promote the use of
coal.
I realize that when most Americans think of coal plants, images of
black smoke emerging from dirty stacks come to mind. That is the coal
industry of yesterday. Today's coal industry has been moving towards
using cleaner coal, which produces less sulfur and nitrogen, and
scientists around the world are developing technologies to make coal
even cleaner and to reduce its carbon emissions. Technologies currently
being researched and improved that accomplish these goals are carbon
capture and sequestration, CCS, and Integrated Gasification Combined
Cycles, IGCC. CCS captures carbon emissions at the source and then
either pumps it deep underground where it is capped, or pumps it into
partially depleted oilfields to force the oil closer to the surface and
make domestic oil recovery cheaper, thus also increasing our domestic
oil supply.
Coal can also be used to produce motor and aviation fuel through
coal-to-liquids technology, which this bill does nothing to support.
This technology is based on the Fischer-Tropes process developed early
in the 20th century. South Africa derives over 30 percent of its energy
needs from Fischer-Tropes produced fuels. Using the Fischer-Tropes
process, America could be well on the way to producing motor and
aviation fuel with fewer emissions than are produced by a typical
gasoline refinery.
Opponents of using coal for any reason will say that these
technologies are not fully developed or cost-effective enough for our
Nation to adopt them.
Ironically, many of these are the same people who support the Hill-
Terry fuel economy reforms even though meeting these new
[[Page H16749]]
standards will require industry to increase investment in and
development of new technologies to meet the 35 mpg by 2020 goal set out
by this energy bill. If the U.S. auto industry can do this in 12 years,
there is no reason that similar technology can't be developed in the
same timeframe by utility and coal companies. And best of all, opening
new CTL refineries will create jobs both in the new refineries, and in
associated industries.
Finally, just this week there were news reports that an American
chemical company is moving some production overseas due to the
difference in energy costs here compared with costs in their new host
nation. By not increasing our domestic energy supply, our Nation is
essentially asking U.S. companies to leave our shores and eliminate
American jobs.
I encourage our distinguished Chairman, John Dingell, to work with
Speaker Pelosi and the Democrat Leadership to enact a second energy
bill this Congress, which focuses on increasing the supply of U.S.
energy in order to protect our national manufacturing base and maintain
good-paying U.S. jobs.
Mr. LIPINSKI. Mr. Speaker, today is a historic day, as America takes
a big step forward in combating global climate change and breaking the
grip that ``Big Oil'' companies and OPEC have on our Nation. That is
why I am pleased to rise in support of H.R. 6, the Energy Independence
and Security Act of 2007--a bill that will put us on a path to energy
independence, while creating millions of new jobs and addressing
climate change.
America has always been at the forefront of technological
breakthroughs. We have responded to great challenges, perhaps most
famously President John F. Kennedy's challenge to land a man on the
moon before the end of the 1960s. I am confident that this legislation
will provide America with the momentum it needs to move our country
into a new energy economy.
Unfortunately, I am disappointed that the other body was unable to
retain the House-passed language to repeal tax breaks for the oil and
gas industry. Especially at a time of record high gas prices and record
high corporate profits, this excessively prosperous industry should be
paying its fair share. This revenue is needed to fund clean, renewable
energies like wind, solar, and geothermal, as well as other important
advanced technologies like plug-in electric vehicles, which will speed
our path to energy independence. I will continue this fight against
``Big Oil'' and work to break the death grip that they have on American
consumers. And I will continue to push for billions of dollars in tax
incentives to jumpstart our cutting-edge renewable energy industries.
I am also not happy with the removal of the Renewable Electricity
Standard from the final bill. This provision, which would have required
utilities to generate 15 percent of electricity from renewable sources
by 2020, would have gone a very long way in reducing America's
addiction to fossil fuels. With most States already pursuing renewable
electricity portfolios, including an Illinois mandate of 25 percent by
2025, I will work to make sure Congress addresses this issue soon.
As vice-chairman of the Science and Technology Committee, I am
pleased to have played an important role in not only getting this bill
passed, but also in contributing two important provisions. The H-Prize
Act of 2007, a bill I introduced with Representative Inglis of South
Carolina, establishes over $50 million in competitively awarded cash
prizes to spur innovations that advance the use of hydrogen as a fuel
for transportation. While hydrogen-fueled cars already exist, there are
significant technical and economic barriers that must still be overcome
before we can put a hydrogen car in every American garage. The H-Prize
will help expand the possibilities of hydrogen research, promoting
people not normally involved in federal research and development to
explore one of the greatest challenges facing us today. And when these
advances are made, hydrogen can fill critical energy needs beyond
transportation. Hydrogen will also be used to provide heat and generate
electricity. The future possibilities for this energy source are huge.
And most importantly, hydrogen will be a clean, domestic energy source,
producing no emissions besides water.
I am also very happy about the inclusion of the BRIGHT (Bulb
Replacement In Government with High-Efficiency Technology) Energy
Savings Act, which I introduced and shepherded through the
Transportation and Infrastructure Committee. This provision requires
the federal government--the Nation's largest energy consumer--to use
high-efficiency light bulbs in 1,800 civilian office buildings. This
change will significantly reduce energy consumption--about 75 percent
savings for each of more than 3 million bulbs--saving tens of millions
of taxpayer dollars, in addition to saving energy and cutting down on
the emissions of greenhouse gases.
Mr. Speaker, I ask my colleagues to join me in supporting this
groundbreaking legislation. This is not a perfect bill, and I will work
to make sure we revisit this issue, especially the repeal of the taxes
on ``Big Oil.'' But this is a great step forward for America and for
our environment. I am confident that one day we will look back on this
bill as that catalyst that led to a better, cleaner, more secure
America and world.
Mr. UDALL of Colorado. Mr. Speaker, I will vote for this legislation,
though I am deeply disappointed that it does not include several key
provisions from the bill that the House passed earlier this month.
The earlier version was an excellent energy bill that combined
provisions developed by several different House Committees, as well as
provisions from a Senate-passed bill, designed to start putting our
country on a path toward energy independence, increased national
security and economic growth, and addressing global warming.
The Senate lacked the votes to even consider that energy bill, so it
was then stripped of the Renewable Electricity Standard that I
championed in the House along with Representatives Tom Udall and Todd
Platts.
The House's adoption of that amendment earlier this year, and its
retention in the most recent House-passed version, was a high point for
those of us working for positive change that will benefit rural
communities, save consumers money, reduce air pollution, and increase
reliability and energy security.
But, to make matters even worse, even after that provision was
dropped, for lack of just one more vote in the Senate, what remained of
the House bill had to be further deformed.
So, for lack of just one more Senate vote, the bill we are
considering today does not extend important tax credits for renewable
energy production, such as the extension of the Production Tax Credit
for solar and wind energy and other renewable technologies. The PTC in
particular has been critical in promoting the creation of a renewable
energy industry, and I will work to win an extension of this key tax
credit before the current credit expires at the end of 2008.
And dropped with the tax credits were the House-passed provisions
dealing with the Secure Rural Schools and Payments-in-Lieu-of-Taxes
(PILT) program. Both would have been good for the Nation and
particularly for Colorado because so many of our counties include large
Federal land areas and therefore would have benefited directly from
that part of the House-passed bill.
I strongly supported all those provisions, and I intend to continue
working to win their enactment either on their own or as part of some
other measure.
I regret that for the time being Congress is not able to do all that
should be done to move us toward greater energy independence, which
means greater national security, in ways that will lower energy costs,
help our economy, and reduce the carbon emissions that contribute to
climate change.
Nonetheless, with all its shortcomings, the bill the Senate has sent
us will accomplish some worthwhile things and deserves to be passed.
Notably, it includes the first revision in decades of the fuel-
consumption standards for automobiles. This step is long overdue and
will result in increasing the efficiency of all vehicles to 35 miles
per gallon by 2020.
I am also glad to note that it retains a provision on carbon capture
and storage based upon a bill that I authored (H.R. 1933). Coal and
other fossil fuels have been and will continue to be an important
energy source for our country, but coal-burning power plants are also a
major source of greenhouse gas emissions and other pollutants. The
carbon capture and storage research, development, and demonstration
program authorized in this bill will help us tackle this challenge
while keeping our economy healthy and strong. It will authorize the
Department of Energy to conduct demonstration projects for both carbon
dioxide capture and carbon dioxide injection and storage. Not only will
this research program help us develop this technology and make it more-
economical, but it will also help us understand the implications of
storing large amounts of carbon dioxide underground.
In addition, this bill will encourage manufacturers to build more
efficient appliances, strengthen the energy efficiency of the Federal
Government, and help businesses create energy-efficient workplaces.
And it will increase the Renewable Fuels Standard (RFS), which sets
annual requirements for the amount of renewable fuels produced and used
in motor vehicles. The new RFS has specific requirements for the use of
biodiesel and cellulosic sources to ensure that these ethanol sources
also advance along with corn-based ethanol. Furthermore, the bill
includes critical environmental safeguards to ensure that the growth of
homegrown fuels helps to reduce carbon emissions.
Additionally, the bill will create an Energy Efficiency and Renewable
Energy Worker Training Program to train Americans for good ``green''
jobs--such as in solar panel manufacturing and green building
construction--that
[[Page H16750]]
will be created by new renewable-energy and energy-efficiency
initiatives. This will provide training opportunities to our veterans,
to those displaced by national energy and environmental policy and
economic globalization, to individuals seeking pathways out of poverty,
to young people at risk and to workers already in the energy field who
need to update their skills.
Mr. Speaker, I am disappointed with this legislation because it came
so close to being so much better. But, the bottom line is that even so
it is much needed and long overdue and deserves to pass today so it can
go to the president to be signed into law. I urge its approval.
Mr. MARKEY. Mr. Speaker, over the past 7 years, I have labored to
increase the fuel economy standards of our cars and light truck fleets,
and am gratified that the day has finally come where the fruits of my
labor will be realized. Over 7 years, there are countless individuals,
Members of Congress, environmental, consumer, and religious
organizations who have labored alongside me--these people are too
numerous to mention. I thank all of them for their important
contributions. But I would also like to thank several in particular.
First, former Congressman Sherwood Boehlert, R-NY, who for six years
was my partner in the House, advocating tirelessly, often against the
wishes of his party's leadership, to move this issue forward. Second,
Dan Becker, an environmental consultant, who has made raising fuel
economy standards his life's work and who worked with my office in the
trenches back when the trenches were a very lonely place to be!
Finally, Securing America's Future Energy and the Energy Security
Leadership Council, who brought together retired military officials and
corporate CEOs to highlight the national and economic security dangers
associated with our growing dependence on imported oil, and who played
a critical role in developing more widespread support for these
provisions.
As the principal House proponent of the fuel economy Title in this
legislation, I also wish to briefly discuss several of its provisions
in order to more fully explain the statutory language and to provide
context for what we are accomplishing with this historic energy bill.
Section 3 of the bill states: ``Except to the extent expressly
provided in this Act, or in an amendment made by this Act, nothing in
this Act or an amendment made by this act supersedes, limits the
authority or responsibility conferred by, or authorizes any violation
of any provision of law (including a regulation), including any energy
or environmental law or regulation.''
The laws and regulations referred to in section 3 include, but are
not limited to, the Clean Air Act and any regulations promulgated under
Clean Air Act authority. It is the intent of Congress to fully preserve
existing federal and State authority under the Clean Air Act.
In addition, Congress does not intend, by including provisions in
Title I of the bill that reform and alter the authority of the
Secretary of Transportation to increase fuel economy standards for
passenger automobiles, non-passenger automobiles, work trucks, and
medium and heavy duty trucks, to in any way supersede or limit the
authority and/or responsibility conferred by sections 177, 202, and 209
of the Clean Air Act. For section 202 of the Clean Air Act, this
includes but is not limited to the authority and responsibility
affirmed by the Supreme Court's April 2, 2007 decision in Massachusetts
v. EPA, No. 05-1120. For sections 177 and 209 of the Clean Air Act,
this includes but is not limited to the authority affirmed by the
September 12, 2007 decision of the U.S. District Court for the District
of Vermont in Green Mountain Chrysler Dodge Jeep et al. v. Crombie et
al., No. 2:05-cv-302, and the December 11, 2007 decision of the United
States District Court for the Eastern District of California in Central
Valley Chrysler-Jeep, Inc. et al. v. Goldstone, et al., No. 1:04-cv-
06663-AWIGSA.
Although Senators Levin, Inouye and Feinstein, in a December 13, 2007
colloquy, agreed that it was the ``intent of this bill that any
regulations issued by the Environmental Protection Agency be consistent
with the direction of Congress in this legislation and regulations
issued by the Department of Transportation to implement this
legislation,'' in fact this legislation includes no statutory
requirement that would compel the Environmental Protection Agency to
adopt regulations that are consistent with those promulgated by the
Department of Transportation. I would also note that in a subsequent
colloquy, Senator Inouye stated that ``the DOT and the EPA have
separate missions that should be executed fully and responsibly,'' and
Senator Feinstein stated that ``Importantly, the separate authority and
responsibility of the U.S. Environmental Protection Agency to regulate
vehicle greenhouse gas emissions under the Clean Air Act is in no
manner affected by this legislation as plainly provided for in Section
3 of the bill addressing the relationship of H.R. 6 to other laws.''
Title I of the bill addresses CAFE standards. Section 102(a) would
require that the fleet of new passenger and non-passenger vehicles made
for sale in model year 2020 reach a fleet-wide fuel economy average of
at least 35 miles per gallon, regardless of shifts in the market or any
other consideration. While fuel economy standards for each of model
years 2011-2019 are expected to be the maximum feasible standard, this
section does not allow the Department of Transportation, DOT, to set a
fleet-wide average of lower than 35 miles per gallon for model year
2020 under any circumstances. In addition, if the maximum feasible
level for model year 2020 is higher than 35 miles per gallon due to
technological progress and/or other factors, Congress intends to
require DOT to set standards at the maximum feasible level.
It is also the intent of this section to require DOT to set interim
standards between 2011 and 2019 to make rapid and consistent annual
progress towards achieving the 35 mpg minimum by 2020. In asking for
``ratable'' progress, the intent of Congress is to seek relatively
consistent proportional increases in fuel economy standards each year,
such that no single year through 2020 should experience a significantly
higher increase than the previous year.
Section 104 addresses credit trading among and within automakers'
vehicle fleets and is intended to increase flexibility for automakers,
but it is the intent of Congress that any trading not in any way reduce
the oil savings achieved by the standards set for any year under this
title.
Section 105 is intended to provide added information for consumers,
but is not intended to in any way interfere with or diminish EPA
labeling authority. Congress intends that DOT work closely with EPA in
fulfilling the requirements of this section.
Section 106 is intended to clarify that Title I does not impact fuel
economy standards or the standard-setting process for vehicles
manufactured before model year 2011. This section is not intended to
codify, or otherwise support or reject, any standards applying before
model year 2011 , and is not intended to reverse, supersede, overrule,
or in any way limit the November 15, 2007 decision of the U.S. Court of
Appeals for the Ninth Circuit in Center for Biological Diversity v.
National Highway Traffic Safety Administration, No. 06-71891.
Section 109 makes modifications to the cap on the credits allowed to
manufacturers making dual-fuel vehicles to ensure that the dual-fuel
vehicle credit program is phased out and is fully and permanently
eliminated by 2020 and thereafter.
I urge the Secretary to pay careful heed to the intent and spirit of
these provisions in carrying out the provisions of this Title, so that
we achieve this legislation's goals of increasing the fuel efficiency
of our cars, SUVs, and other vehicles.
Mr. STARK. Mr. Speaker, I rise today in strong support of increasing
fuel efficiency and taking the first steps toward ending our costly
addiction to fossil fuels.
The Energy Independence and Security Act, H.R. 6, will provide much
needed increases in energy efficiency and investments in clean energy
and green buildings. Most importantly, for the first time in a
generation, this bill will raise the fuel economy, CAFE, standards for
new cars and trucks. By increasing CAFE to 35 miles per gallon by 2020
this bill will reduce oil consumption by 1.1 million barrels a day in
2020. This is the equivalent of taking 28 million vehicles off the
road. Although I believe we can and should get to 35 mpg faster, this
bill represents real progress in our efforts to combat global warming
and achieve energy independence.
It is no secret that our addiction to oil and coal is having
increasingly dire consequences for our Nation and the planet. The price
of oil hovers near $100 a barrel. An endless war continues to rage in
Iraq while the President continues his saber rattling in the direction
of Iran. The specter of catastrophic global warming becomes more real
each day. The time to take action is now and this legislation is a good
starting point, but we must do more. I agree with the numerous
economists and environmentalists who think an aggressive carbon tax is
the only sure way to make the reductions in greenhouse gas emissions
that are needed to reduce global warming. A carbon tax must be part of
the conversation as we move forward with comprehensive global warming
legislation.
This bill is not perfect. Republican obstructionists in the Senate
have stripped provisions to mandate production of electricity from
renewable sources like wind, solar, and biomass. They also demanded
that giant oil companies maintain their preferential tax status. I am
also troubled that we are continuing to subsidize and ratchet up
production of corn-
[[Page H16751]]
based ethanol, which will do little to ease global warming, but drives
up food prices and contributes to water pollution. I hope that the
environmental safeguards contained in the Renewable Fuel Standard--
which mandates production of 36 billion gallons of biofuels by 2022--
will quickly push production away from corn ethanol and toward advanced
cellulosic fuels. In the meantime, we have a responsibility to protect
families hit by rising food prices.
Despite these shortcomings, this legislation represents real progress
for both consumers and the environment. I urge all of my colleagues to
embrace this new direction in energy policy and vote ``yes.'' We must
realize that this bill is only the beginning and that more fundamental
changes are needed if we are serious about addressing global warming
and energy independence.
Mr. VAN HOLLEN. Mr. Speaker, I rise in support of what I hope and
expect will be the final version of this year's energy bill. While less
comprehensive than the legislation passed by the House, it is
nevertheless an historic accomplishment and worthy of this chamber's
support.
For the first time in thirty-two years, we are increasing the
corporate average fuel economy, CAFE, standard for cars and trucks to
35 miles per gallon by 2020. This single step will create 150,000 jobs,
save consumers $22 billion at the pump and slash our nation's oil
consumption by 1.1 million barrels a day--about half what we currently
import from the Persian Gulf. Additionally, and importantly, this
improved standard is the greenhouse gas equivalent of taking 28 million
cars and trucks off the road.
To further reduce our dependence on foreign oil, this package
includes a Renewable Fuels Standard, RFS, that expands our nation's
domestic biofuel production to 36 billion gallons by 2022. I am
especially pleased that this RFS includes a substantial requirement for
advanced biofuels from a variety of different feedstocks, as well as
robust environmental protections necessary to safeguard vital
ecosystems like the Chesapeake Bay.
Finally, this legislation achieves meaningful efficiency improvements
across the economy, makes government a part of the energy solution, and
accelerates our research and development efforts into the clean,
renewable energy technologies of the future.
As a sponsor of the Renewable Electricity Standard, RES, and a member
of the Ways and Means Committee, I am disappointed that the House-
passed RES and tax provisions have been stripped from this bill.
Nevertheless, we can be justifiably proud of what we are accomplishing
today--and I will continue to work with my colleagues on both sides of
the aisle until the rest of the job is done.
Mr. CONYERS. Mr. Speaker, I rise in strong support of the Energy
Independence and Security Act of 2007. This agreement with the Senate
builds on the New Direction for Energy Independence, National Security,
and Consumer Protection Act passed this summer. The ambitious
legislation before us today, which includes wide-ranging solutions from
10 House committees, invests in the future of America and puts our
Nation on a path toward energy independence. It will strengthen
national security, lower energy costs, grow our economy, create new
jobs, and begin to reduce the threat of global warming.
The Energy Independence and Security Act includes several provisions
that will strengthen our national security by decreasing our dependence
on foreign oil. All told, this legislation will slash U.S. oil
consumption by over 4 million barrels per day by 2030--more than twice
our current daily imports from the Persian Gulf. I want to applaud
Speaker Pelosi and Chairman Dingell for reaching an agreement on fuel
economy standards that is supported by both environmentalists and the
automobile industry. This bill will raise CAFE standards for new cars
and trucks to 35 miles per gallon by 2020--the first increase in 32
years. It ensures that this fuel economy standard will be reached,
while offering flexibility to automakers and ensuring that we keep
American manufacturing jobs and continue domestic production of smaller
vehicles.
Today's legislation puts us on a path to reducing global warming. It
reduces greenhouse gas emissions by up to 24 percent of the total
amount the U.S. needs to cut by 2030 to help save the planet. The bill
increases the efficiency of buildings, homes, appliances, and lighting.
It also makes a historic commitment to American homegrown renewable
energy that reduces greenhouse gas emissions.
The bill before us today will also lower energy costs and create new
American jobs. Increased vehicle fuel efficiency will save American
families $700 to $1,000 a year at the pump, producing $22 billion in
net annual savings for consumers in 2020. The building, appliance, and
lighting efficiency provisions will save consumers $400 billion through
2030. In addition, by expanding American-grown biofuels to 36 billion
gallons in 2022 and supporting cutting-edge energy research, the bill
will help create hundreds of thousands of new jobs. It also provides
job training that will prepare workers for 3 million new ``green'' jobs
over 10 years.
For too long, our country has lagged behind the rest of the
industrialized world in recognizing and taking action to address the
climate change crisis. Global warming endangers all of us, but
threatens to have the most devastating impact on the poorest and the
most vulnerable. Our Nation is the richest in the world and one of the
largest contributors to global warming, yet, until today, it has not
made any substantial efforts towards addressing the problem. I am proud
to join with my colleagues as we at long last put America on the path
to becoming part of the solution.
Mr. DOOLITTLE. Mr. Speaker. I am deeply disappointed that the final
version of H.R. 6, passed today by the House, did not contain a
reauthorization of the Secure Rural Schools and Community Self-
Determination Act, which compensates counties for the large amounts of
land the Federal Government took from them to create the National
Forest System. This loss of land weakened the counties' tax bases,
leaving them without adequate funding to provide basic public services
such as schools and roads. The county payments authorized under the act
fulfill a promise the Federal Government made when the land was seized.
As the first session of the 110th Congress draws to a close, leaving
these payments to expire, that promise is once again being broken, and
the basic public infrastructures of our rural counties are left to
suffer.
In California, State law requires that layoff notices be issued to
teachers and administrators by March 15 if the proper resources are not
available in their budgets. Once layoff notices are issued, schools
begin to experience adverse effects of the funding shortage even if the
money is eventually recovered, which was the case this year. This means
Congress will have a very short time to act in the new year, and I will
continue to be a strong advocate for passing legislation that fulfills
our commitment to rural counties. This language should have remained in
the energy bill currently before Congress, and its omission is the
primary reason for my opposition to the bill.
In addition to the harm that is caused by failing to provide county
payments in this bill, I am concerned that the bill excludes biomass
from Federal lands as an alternative source of fuel. Much of my
district is owned by the United States Forest Service, and these areas
are prone to wildfires due to the large buildup of forest fuels. I have
encouraged the removal of these materials, which serves the duel
purpose of providing energy produced at nearby biomass plants and
making our forests less prone to catastrophic wildfires. By exempting
biomass from Federal lands as a source of alternative energy, H.R. 6
misses an opportunity to exploit a large source of alternative fuels
while leaving our forests vulnerable to great harm from potential
wildfires.
It is imperative that Congress pass legislation to reauthorize the
Secure Rural Schools and Community Self-Determination Act before school
boards meet in February to discuss where cuts must be made.
Furthermore, we must encourage development of alternative fuels such as
biomass which are abundant and carry with them additional benefits.
H.R. 6 misses an opportunity to accomplish both those goals.
Ms. DeLAURO. Mr. Speaker, while today's Consolidated Appropriations
bill falls far short, the Democratic Congress has made sure it is far
better than the President's budget request for fiscal year 2008. We
have made very real changes to the administration's original budget
proposal, and made real responsible investment in new domestic
priorities that are long overdue.
Despite absurd limitations imposed by the administration and from
Republican obstructionists in Congress, we have fought to meet our
obligations as a Nation and a congress. Getting our work done when we
are supposed to, and getting the big things right. Yet, while we worked
to find common ground, the administration played political games.
Still, as chair of the FDA Agriculture Subcommittee I am proud of the
bill we put together under tremendous constraints:
Reinvesting in rural America--restoring $44 million for rural
business enterprise and opportunity grants, $119 million over the
President's request for critical water and waste programs to ensure
rural areas have access to clean water, and $20.3 million for community
facility grants to help rural areas build day care centers and police
and fire stations.
Protecting public health, increasing FDA funding by $145 million over
2007; $56 million for FDA food safety activities, with $28 million
withheld until July 1 pending the submission of a comprehensive food
safety plan by the FDA. A $21 million increase for drug safety and $6
million more for the FDA's Office of Generic Drugs.
It has $633 million above the President's request for the WIC
nutrition program; and $472 million above for bio-energy and renewable
energy R&D, including loans and grants in rural areas.
[[Page H16752]]
Mr. Speaker, this is about meeting our commitment to the American
people. And, although at a much lower level, this bill finally funds
our domestic priorities: from rural development to local law
enforcement, Pell grants to No Child Left Behind. A new direction with
new priorities for our Nation--the American people demand nothing less.
Mr. SHAYS. Mr. Speaker, I strongly support the reauthorization of the
Terrorism Risk Insurance Act. As an original co-sponsor of this
legislation, I am grateful for all of the hard work that went into
bringing this bill to the floor today.
After the September 11, 2001 terrorist attacks, many businesses were
no longer able to purchase insurance to protect against property losses
that might occur in any future terrorist attacks and most reinsurers
have yet to return to the marketplace because of the difficulty of
being able to predict the frequency, size and scope of future terrorist
attacks.
The backstop TRIA providesprotects those who buy insurance, and
allows our economy to continue functioning normally in the face of the
terrorist threat.
In my view, the bill's coverage of acts of domestic terrorism is a
prudent step. However, I am disappointed we did not take this
opportunity to make further reforms to the program such as the
inclusion of reinsurance for group life insurers, who face the same
challenges as property, casualty or other insurers. Failure to include
I group life has placed these insurers in a difficult position of
exiting from the market or choosing to remain in the marketplace
without reinsurance.
The bottom line is, this is a good bill worthy of our support. It
will bring some certainty to the insurance markets and help protect our
economy. We need to pass this bill.
The SPEAKER pro tempore (Mr. Obey). All time for debate has expired.
Pursuant to House Resolution 877, the previous question is ordered.
The question is on the motion offered by the gentleman from Michigan
(Mr. Dingell).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BARTON of Texas. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 314,
nays 100, not voting 19, as follows:
[Roll No. 1177]
YEAS--314
Abercrombie
Ackerman
Aderholt
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boyd (FL)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Buyer
Calvert
Campbell (CA)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis, Lincoln
Davis, Tom
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gillibrand
Gonzalez
Goode
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hayes
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McGovern
McHugh
McIntyre
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (FL)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Porter
Price (NC)
Putnam
Ramstad
Rangel
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (MS)
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Wu
Wynn
Yarmuth
Young (FL)
NAYS--100
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bilbray
Bishop (UT)
Blackburn
Boehner
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Camp (MI)
Cannon
Cantor
Carter
Chabot
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Deal (GA)
DeFazio
Doolittle
Drake
Duncan
Fallin
Feeney
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Gohmert
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Johnson, Sam
Jordan
Kline (MN)
Lamborn
Latta
Lewis (CA)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCotter
McCrery
McDermott
McHenry
McKeon
Mica
Miller (MI)
Musgrave
Neugebauer
Nunes
Pearce
Pence
Pitts
Poe
Price (GA)
Radanovich
Rahall
Regula
Rogers (KY)
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Sali
Sensenbrenner
Shadegg
Stearns
Sullivan
Tancredo
Thornberry
Turner
Walberg
Weldon (FL)
Westmoreland
Wicker
Wittman (VA)
Young (AK)
NOT VOTING--19
Cubin
Davis (IL)
Fossella
Gallegly
Gilchrest
Hastings (FL)
Hooley
Jindal
Johnson, E. B.
King (IA)
Miller, Gary
Ortiz
Pastor
Paul
Pryce (OH)
Thompson (CA)
Weller
Wexler
Woolsey
{time} 1345
Mr. WILSON of South Carolina and Mr. MILLER of Florida changed their
vote from ``nay'' to ``yea.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________