[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Pages S427-S428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3145. Mr. CARPER (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title III, add the following:

                       Subtitle I--Thermal Energy

     SEC. 3801. MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO 
                   INCLUDE THERMAL ENERGY.

       (a) In General.--Section 203 of the Energy Policy Act of 
     2005 (42 U.S.C. 15852) (as amended by section 3001(b)) is 
     amended--
       (1) in subsection (a), by inserting ``a number equivalent 
     to'' before ``the total amount of electric energy'';
       (2) in subsection (b)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following:
       ``(2) Qualified waste heat resource.--The term `qualified 
     waste heat resource' 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 for an industrial or 
     commercial process; or
       ``(D) such other forms of waste heat as the Secretary 
     determines appropriate.''; and
       (C) in paragraph (3) (as redesignated by subparagraph 
     (A))--
       (i) by striking ``produced from'' and inserting ``produced 
     or, if resulting from a thermal energy project placed in 
     service after December 31, 2014, thermal energy generated 
     from, or avoided by,''; and
       (ii) by inserting ``qualified waste heat resource,'' after 
     ``municipal solid waste,''; and
       (3) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and

[[Page S428]]

       (C) by adding at the end the following:
       ``(2) Separate calculation.--
       ``(A) In general.--For purposes of determining compliance 
     with the requirements of this section, any energy consumption 
     that is avoided through the use of renewable energy shall be 
     considered to be renewable energy produced.
       ``(B) Denial of double benefit.--Avoided energy consumption 
     that is considered to be renewable energy produced under 
     subparagraph (A) shall not also be counted for purposes of 
     achieving compliance with another Federal energy efficiency 
     goal.''.
       (b) Conforming Amendment.--Section 2410q(a) of title 10, 
     United States Code, is amended by striking ``section 
     203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
     15852(b)(2))'' and inserting ``section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b))''.
                                 ______