[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[House]
[Pages 22995-23119]
[From the U.S. Government Publishing Office, www.gpo.gov]
NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER
PROTECTION ACT
The SPEAKER pro tempore. Pursuant to House Resolution 615 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3221.
{time} 1109
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3221) moving the United States toward greater energy independence
and security, developing innovative new technologies, reducing carbon
emissions, creating green jobs, protecting consumers, increasing clean
renewable energy production, and modernizing our energy infrastructure,
with Mr. Obey in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
General debate shall not exceed 2 hours, with 15 minutes equally
divided and controlled by the chairman and ranking minority member of
the Committees on Energy and Commerce, Natural Resources, Science and
Technology, Transportation and Infrastructure, Education and Labor,
Foreign Affairs, Small Business, and Oversight and Government Reform.
The gentleman from Michigan (Mr. Dingell), the gentleman from Texas
(Mr. Barton), the gentleman from West Virginia (Mr. Rahall), the
gentleman from Alaska (Mr. Young), the gentleman from Tennessee (Mr.
Gordon), the gentleman from Texas (Mr. Hall), the gentleman from
Minnesota (Mr. Oberstar), the gentleman from Florida (Mr. Mica), the
gentleman from California (Mr. George Miller), the gentleman from
California (Mr. McKeon), the gentleman from California (Mr. Lantos),
the gentlewoman from Florida (Ms. Ros-Lehtinen), the gentlewoman from
New York (Ms. Velazquez), the gentleman from Ohio (Mr. Chabot), the
gentleman from California (Mr. Waxman) and the gentleman from Virginia
(Mr. Tom Davis) each will control 7\1/2\ minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. I thank the Chair.
At this time, I yield 1 minute to the Speaker of the House.
Ms. PELOSI. I thank the distinguished chairman for yielding time.
Mr. Chairman, today we have an historic opportunity in the House of
Representatives. Today we are faced with a momentous decision on energy
and global warming. With this bill, we are turning toward the future
for the sake of our children and our planet. With this bill, the New
Direction for Energy Independence, National Security, and Consumer
Protection Act, Congress can indeed take our Nation in a new direction.
This is a moment when we can make a decision in favor of the future.
Mr. Chairman, you acknowledged all of the chairmen and chairwomen who
have contributed to the success of this legislation that we are
bringing forward today, and I want to commend all of them. I want to
say that the principles that have been put into this legislation are
very important. Our energy independence is a national security issue.
It is an economic issue for our country and for America's families. It
is an environmental health issue for our children. And it is a moral
issue. This beautiful planet is God's gift to us. We have a moral
responsibility to preserve it. That is why I am so pleased that so many
in the religious community are supporting our actions today.
This bill makes the largest investment in homegrown biofuels in
American history. We know that America's farmers will fuel America's
independence. We will send our energy dollars to middle America, not to
the Middle East.
{time} 1115
The bill promotes cleaner and efficient means of transportation,
including alternative fuels in busses and ferries and hybrid
automobiles in hauling goods around the country.
I have a very long statement about this bill, I'm very enthusiastic
about it, and I will use that enthusiasm to submit most of my statement
for the Record.
But I do want to acknowledge the important work that Mr. Dingell did
on this legislation because in his bill, renewable energy offers a new
direction for our country. And what he does is, 10.4 billion tons of
dioxide emissions are reduced. That's more emissions than are used by
all of the cars on America's highways today. It's very important. And I
want to thank Mr. Rangel, who we will hear from later, on the fact that
this bill is paid for.
So it's about our national security. We cannot be dependent on
foreign oil. As I said, this is God's creation. This issue is as local
as our neighborhoods; it is as global as the planet. It is about how we
educate our children in this new green economy. It's how we create
jobs. And Congressman Miller and Congresswoman Solis will be talking
about that in a moment.
The Prophet Isaiah has said, Mr. Chairman, that ``to minister to the
needs of God's creation is an act of worship. To ignore that is to
dishonor the God who made us.'' I firmly believe from the bottom of my
heart that if we do believe that, that we should pass this legislation
today. It's about our children, their future, the world in which they
live to fulfill their lives, and it's about America being number one
and in the lead.
So I urge my colleagues, I promise to submit it for the Record if you
promise to read it.
intro
My colleagues, today we are fced with a momentous decision
on energy and global warming.
Will we turn toward the future, for the sake of our
children and our planet? Or will we remain mired in the
disputes and regional differences that have so often
prevented the Congress from adopting new, innovative
approaches to our energy needs?
With this bill, the ``New Direction for Energy
Independence, National Security, and Consumer Protection
Act,'' Congress can indeed take our nation in a New
Direction.
Energy independence is a national security issue, and
environmental and health issue, an economic issue, and a
moral issue.
As it says in the Bible, ``To minister to the needs of
God's creation is an act of worship, to ignore those needs is
to dishonor the God who made us.''
This is the moment when we can make a decision in favor of
the future, while ministering to the needs of God's creation.
acknowledgements
Ten committees have been hard at work for months to develop
this legislation, and I salute the leadership of our
Chairmen. These committees have held extensive hearings and
markups. The Appropriations Committee has also highlighted
sustainable energy and global warming in their bills.
As a result, almost every Member of Congress has had the
opportunity to participate in this process. Thank you all for
your creativity and hard work.
principles
With broad input, and a commitment to the future, Congress
has created this bill with four principles in mind. We must
strengthen our national security by reducing our dependence
on foreign oil; lower energy costs with greater efficiency,
cleaner energy, and smarter technology; create new and good-
paying American jobs, and reduce global warming.
And we must do it all in a fiscally sound way.
[[Page 22996]]
To fund these key investments in our future, we have
demanded greater accountability to the taxpayer from oil and
gas companies that drill on Federal lands.
energy independence
This bill makes the largest investment in homegrown
biofuels in American history. We know that America's farmers
will fuel America's energy independence, creating jobs and
prosperity across rural America.
This bill will send our energy dollars to middle America
and coast to coast; not the Middle East.
This bill promotes cleaner and more efficient means of
transportation, including alternative fuel buses and ferries,
and hybrid locomotives for hauling goods around the country.
protecting consumers
With the energy efficiency provisions in this legislation,
we will lower costs for American consumers and businesses in
key areas, such as electricity, home heating, and cooling--
saving Americans more than $300 billion dollars.
With these energy efficiency measures, we will also reduce
carbon dioxide emissions by as much as 10.4 billion tons
through 2030, more than the annual emissions of all the cars
on the road in America today.
This bill is essential to developing renewable energy
sources in America. It makes a strong commitment to research
and innovation. It extends tax provisions that have provided
a strong foundation for our renewable energy industries,
provides new incentives, and bolsters research.
Renewable energy offers a new direction for our country by
improving energy independence and reducing global warming.
jobs
As we address energy independence and global warming with
innovation and market-based solutions, we will grow our
economy and create good paying jobs--including ``green-
collar'' jobs.
Because small businesses are the backbone of our economy,
this bill ensures small businesses can reap the economic
benefits of new energy technologies.
global warming
The consequences of global warming will be as local as our
neighborhoods, and as broad as our entire planet. So too must
our solutions be both local and global.
This bill lays out specific steps the Administration should
take for the U.S. to resume a constructive role as the global
leader in combating global warming.
Here at home, the Federal Government should lead by
example. This bill requires the Federal Government to become
carbon-neutral by the year 2050, and lays out a number of
specific measures that will assist our government to achieve
that goal.
States and local communities need to know how to plan for
the global warming that is already underway. This bill
reorganizes the federal climate change research, so every
locality has information it needs to prepare.
It also assists us in tracking the effects of global
warming on the oceans and wildlife so we can take steps to
protect them.
conclusion
Mr. Chairman, the legislation we debate today is just the
ambitious first phase in what will be a series of
revolutionary actions for energy independence.
But it is a very serious first step, that honors God's
creation--our planet, and creates a better world for our
children.
With confidence in American ingenuity and faith in our
future, today we can declare a New Direction in our energy
policy--one for our future generations. I urge my colleagues
to do just that by supporting this bill.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 1\1/2\
minutes.
I want to thank the Speaker for speaking and endorsing and her
participation in bringing this legislation together, but specifically,
from our committee, the Education and Labor Committee, the matter that
is dealing with green jobs.
And I want to thank Congresswoman Hilda Solis and Congressman John
Tierney for all of the work they did to create green jobs, both in our
urban areas and in the rural areas, to build the expertise, to build
the capital necessary to meet the demands of this legislation.
For too long, we have debated this issue as if it's the environment
against economic growth and jobs. This legislation points to the fact,
with the great support of labor unions in our country, that this is
also about growing jobs here at home with new technologies, new
industries, new innovation and new discovery. And I want to mention the
support the Laborers International Union, Operating Engineers, the
Brotherhood of Carpenters, the Boilermakers, the Steelworkers, and
others. They participated in this joint effort to develop these green
jobs provisions, building on very successful models across this
country.
Again, I want to pay tribute to Congressman Tierney and Congresswoman
Solis for their effort to pull together a coalition of people
understanding the dynamics and the economic growth this can mean in
both rural America and urban America to build the expertise, to build
the talent, to build the job skills to deal with the new technologies
that the other committees of jurisdiction are bringing forth.
Mr. Chairman, I reserve the balance of my time.
parliamentary inquiry
Mr. BARTON of Texas. Mr. Chairman, I am not a member of the Education
and Workforce Committee, so I have a parliamentary inquiry. Are we on
the Education and Workforce time at this time?
The CHAIRMAN. The committees may use the time in any order that they
choose.
Mr. BARTON of Texas. My understanding on the rule was that we would
go by committee, and the first committee would be Energy and Commerce,
but Mr. Miller is the chairman of the Education and Workforce Committee
The CHAIRMAN. If the gentleman would suspend, the rule does not
stipulate the order.
Mr. BARTON of Texas. So, could the Chair indicate what the order is?
The CHAIRMAN. No.
Mr. BARTON of Texas. Well, Mr. Chairman, I would claim the time for
the Education and Workforce Committee since the Education and Workforce
Committee is not here.
The CHAIRMAN. The Chair will accommodate the committees in trying to
use the time in whichever order they see fit. It is not at this point
up to the Chair to decide.
Mr. BARTON of Texas. Mr. Chairman, when Mr. Dingell uses Energy and
Commerce time, then I will use Energy and Commerce time, but at this
point in time I will reserve the time.
Mr. TIERNEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, today I rise to highlight one aspect of the Energy bill
that is before the House today, that's the provision essentially
incorporating the Green Jobs Act of 2007, which had previously been
passed by the House Committee on Education and Labor.
Let me begin by acknowledging and thanking Speaker Pelosi for making
this issue, ``the green workforce development,'' a priority in her
environmental agenda.
My cosponsor, Hilda Solis of California, is appreciated for her work
in ensuring that a broad cross section of workers get in at the bottom
floor of this growing industry.
This innovative proposal, ``green jobs,'' will make $120 million a
year available across the country to begin training workers for jobs in
the clean energy sector. 35,000 people per year can benefit from
vocational education that will provide for them secure employment in
this country.
Until now, the United States has not really had a coherent strategy
to address the growing labor shortage and demands of these green and
clean energy sectors. This bill, this particular provision, will help a
broad cross section of workers get into these growing industries.
Green-collar jobs can provide living wages and upward mobility. For
some, they will create a way out of poverty, even as they help improve
our environment and buttress our national security by lessening
reliance on foreign oil.
We've passed legislation to increase science, technology, engineering
and math teachers, to educate more engineers and scientists. Now we
have the chance to make sure that those who do not have degrees or do
not choose to go to college can also support a family and contribute to
their communities. Urban youth, retired veterans, struggling farmers,
and displaced workers from our manufacturing sectors can all get
training through this proposal.
They will help meet a growing labor need as America seeks thousands
of green-collar workers to install millions of solar panels, to
weatherize buildings and homes, to build and maintain wind
[[Page 22997]]
farms, and more. These jobs are energy saving, air quality improving,
and carbon cutting, and they're all local. They mostly cannot be
outsourced to other countries. Solar panels and wind farms need to be
built here. Buildings to be retrofitted to save energy have their
foundations in U.S. soil.
Today, we can join Speaker Pelosi and the many numerous advocacy
organizations that have worked hard to develop and expand the concept
of green jobs, making sure that the benefits of a cleaner and greener
economy are shared broadly at all income levels.
Special acknowledgement goes to the Ella Baker Center's Van Jones,
whose passionate expressions have been liberally borrowed here and
whose personal energy has greatly advanced this idea.
The return in energy savings helped by green jobs can be enormous.
The positive impact on lives from rewarding employment can be
priceless. Mr. Chairman, this provision of the clean energy bill can
help provide America with the working muscle, practical experience and
training, and industry-specific intelligence to change our Nation's
future.
I urge my colleagues to support the entire bill, being mindful that
the Green Jobs Act of 2007 contributes specifically to this appeal.
Mr. TIERNEY. I am going to reserve the balance of the Education
Committee's time on this and defer to the Committee on Energy.
Mr. DINGELL. Mr. Chairman, I yield myself 1 minute.
The legislation here represents the work of 10 committees. In the
portion of the legislation written by the Committee on Energy and
Commerce, there is not a single provision that a Member would feel
justified in opposing. The legislation from the Commerce Committee sets
appliance standards for buildings and other devices and appliances
which, when in full force, will save 10 million tons emissions of
carbon dioxide, more than the annual emissions of every car in this
country. It promotes the development of the Smart Electricity Grid that
will deliver energy to a household in a more efficient manner. It paves
the way for more efficient use of electricity and will make innovations
like plug-in hybrid vehicles even more promising.
It improves the loan guarantee programs to the Department of Energy,
and it makes the largest investment in our history in biofuels, along
with other things which will move forward and see to it that the
infrastructure is there to provide the necessary service.
Some of our Members are unhappy with what is not in the bill; some of
them are unhappy with what is in the bill. I would observe that we will
be having additional legislation which we are contemplating bringing
forth from the Energy and Commerce Committee in the month of September
which will address a large number of questions not now before the
House, including the question of global warming in all of its aspects.
These controversies have been avoided so that we could produce a
consensus bill that will pass the House and the Senate and be signed
into law by the President. That bill is before us at this time, and it
merits our support.
Mr. Chairman, I reserve the balance of my time.
Mr. BARTON of Texas. Mr. Chairman, I yield 2 minutes to the gentleman
from Illinois (Mr. Shimkus), a distinguished member of the committee.
Mr. SHIMKUS. Mr. Chairman, I'm going to count to 10 and make sure I'm
calm and deliberative. I do appreciate my friends on the other side.
Throughout the process in our committee, numerous times I've heard
the promise that we will have coal provisions in the Greenhouse Gas
Bill this fall, and I think we kind of heard it again today. I am
skeptical. I am a doubter. I don't believe it will happen. That's why
I'm upset about the bill today.
We just heard Education and Workforce people talk about jobs. I'll
talk about jobs; coal-to-liquid jobs. One coal-to-liquid refinery that
produces 80,000 barrels of coal-to-liquid, a thousand jobs, 2,500 to
5,000 construction jobs, 15 million tons of coal per year, and up to
500 coal mining jobs. Those are real jobs with great benefits and great
wages.
Energy security. We have our soldiers deployed in the Middle East,
and they've been there for a lot of reasons for many, many years. I
think it was Carter who said the Persian Gulf region was an important
national security interest. Why? We know why. Crude oil. How do we
decrease that importance of the Persian Gulf region? We move to coal-
to-liquid technologies, our coal fields to a coal-to-liquid refinery,
through a pipeline to fuel our aviation assets that the Department of
Defense really wants.
What is wrong with this bill? Everything. No soy diesel. No renewable
fuel standard. No ethanol. No renewable fuel standard. No coal. No
alternative fuel standard. Nothing on nuclear energy. No expansion.
There is no supply in this bill. Defeat this bill.
Mr. BOUCHER. Mr. Chairman, we continue to reserve our time.
Mr. BARTON of Texas. Mr. Chairman, I reserve the balance of my time
at this time.
Mr. RAHALL. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, title VII of the pending legislation is the Energy
Policy Reform and Revitalization Act of 2007, which was produced by our
Committee on Natural Resources. The fundamental premise behind this
title of H.R. 3221 is that we must restore accountability and integrity
in the Federal onshore and offshore energy leasing programs and ensure
that the public interest is upheld when it comes to managing energy
development on Federal lands, while advancing alternative energy
strategies, preserving coal's role in a global climate-sensitive world,
and addressing the impacts on wildlife, coastal areas, and our oceans
as a result of climate change.
There are many issues contained in this title, but at this time I
would highlight subtitle D. That would initiate a framework for
enabling our Nation to sequester carbon dioxide under the ground to
ensure the future use of fuel, such as coal, in an environmentally
responsible fashion.
We can talk about ethanol and other biofuels and wind and solar, et
cetera, all we want, but the fact of the matter is that coal, which
produces half of our electricity in this country, will continue to be a
mainstay through the foreseeable future. At the same time, any of us
representing coalfields in this country recognize that we must, as a
Nation, aggressively pursue strategies and technologies to capture and
store the carbon dioxide.
Mr. Chairman, I reserve the balance of my time.
{time} 1130
Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise in the strongest opposition to this bill. This
bill, as brought forth by the majority, will increase the energy costs
to all Americans. It increases the imports more than we are now, where
we are now at 67 percent, of foreign oil, sending dollars overseas to
compete against us and actually raise the war of terror.
I am shocked that any union would ever support this bill. It will
lead to the loss of jobs in all sectors of our economy. It is clearly
the work of those, including the leadership on the other side, who do
not appreciate the blessings of America's place in the world.
Prime Minister Margaret Thatcher once said, ``Nothing is more
obstinate than a fashionable consensus.'' This bill appears to be based
on the consensus opinion that America is too wealthy, too strong and
too influential in the world. The way we got there was to build the
world's strongest economy by using the energy that God gave us.
The popular consensus of representatives of this bill is if we use
less energy and make it more expensive then we can unilaterally reduce
our impact on the world. I have news for those who believe this: Nature
abhors a vacuum.
The U.S. has been the world's number one industrial economy since the
Civil War. Since the Civil War. We got there by using our coal, our
oil, our natural
[[Page 22998]]
gas and our brains to create and use more energy to amplify human
strengths to do more things than any other competitor on Earth. Along
the way we became number one.
Now, for the first time since the Civil War, our Nation faces serious
competition to our number one status from China and India. China just
surpassed Germany to become the third-largest economy in the world.
Experts believe that within 20 years they will overcome this Nation.
And with this bill they will.
China already produces more CO2 than we do, which is the
logical outcome of the relentless race to use more energy, because they
understand energy use means economic growth. They are our competitors.
They import energy around the world. They consume over half of the
cement in the world today building their economy for tomorrow.
So what does this bill do to prepare our Nation for competition? It
tells us to turn the lights out. That is what this bill does.
Mr. Chairman, I fear for our Nation. I fear for our young people. I
fear for a Congress that does not understand that to stay in number one
requires more energy, not less. Energy is the power of life. I fear for
a Congress that does not understand the history of our blessed place in
this continent of the world. I fear for my children and my
grandchildren because what you are doing here today is dead wrong. And
anybody who says this is the right thing to do does not understand the
energy policy at all.
President Ronald Reagan, who more than anyone understood the spirit
that makes America great, often referred to our Nation as ``the Shining
City on the Hill.'' Mr. Chairman, I fear we are witnessing nothing less
than an effort to turn off the lights in what Ronald Reagan referred to
as ``the Shining City on the Hill,'' because some believe we need to
rest in our quest to make the world a better place. Our competitors in
the world would like us to rest.
Mr. Chairman, this is a bad bill. There is no energy in this bill at
all. We are faced with the ability not to have our ships float, our
trains run, our cars drive and our trucks deliver because there is no
energy in this bill. And I say shame on you.
Mr. Chairman, I reserve the balance of my time.
Mr. RAHALL. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. YOUNG of Alaska. Mr. Chairman, I yield 3\1/2\ minutes to the
gentleman from New Mexico (Mr. Pearce).
Mr. PEARCE. Mr. Chairman, I rise in strong opposition to H.R. 3221. I
rise in strong opposition to the method and strategy promoted in this
bill, which suggests that it is a new direction towards energy
security. I don't oppose the bill because it doesn't include any new
energy. I can tolerate a bill that doesn't include any new energy, and
this one doesn't.
But this bill is worse than that. It takes domestic energy supplies
away. At this time of record energy prices, this bill limits our
domestic production. This is a San Francisco energy policy that will
force prices higher, will increase our dependence on oil from Venezuela
and Iran, and it will send even more of our American jobs overseas.
The bill is deaf to every signal in this country and around the world
regarding energy prices. Listening is one of the most important skills
of a policymaker. I urge the Members of this House to please listen to
the signals surrounding us.
Oil shattered another record this week, reaching $78.77 per barrel
during the trading day. This ``Wrong Direction'' bill cuts off 2
trillion barrels of American oil from oil shale resources.
Energy Secretary Bodman called on world producers today to boost oil
supply of world oil because the U.S. economy is in a ``danger zone.''
This ``Wrong Direction'' bill cuts off 10 billion barrels of oil from
our own National Petroleum Reserve in Alaska.
On one hand, the Independent System Operator of New England released
a study today that states that New England's energy rates are among the
highest in the Nation and they will continue to depend almost entirely
on the price of natural gas. So New England's energy depends on the
supply of natural gas, no matter what policies State leaders adopt for
conserving energy.
On the other hand, this ``Wrong Direction'' bill cuts off 18 percent
in Federal onshore natural gas supply by gutting the categorical
exclusions provisions from the Energy Policy Act of 2005.
In another move to use energy as a political weapon, Russia announced
this week that it would again cut off Belarus from natural gas
supplies. At the same time, Russia is putting a flag on the North Pole
so that it might drill and continue to feed its hungry energy appetite.
Meanwhile, this ``Wrong Direction'' bill plays 11th hour games and cuts
off critical domestic natural gas supplies from the Colorado Roan
Plateau. The Roan has enough natural gas to power 4 million homes for
more than 20 years.
Venezuela announced this week they are coordinating with the Cubans
to drill offshore Florida. China is already working with Cuba to drill
off the shore of Florida. And yet we do not harness any of this energy
for our own purposes. Instead, we allow the Chinese to become even more
dominant in the world.
The bill will prohibit government agencies from working together.
Right now, BLM, the Forest Service, the Environmental Protection
Agency, the Department of Fish and Wildlife and the Army Corps of
Engineers all work together in pilot offices that make common sense to
the American taxpayer. Yet this bill stops them.
Dow Chemical announced recent plans to build a $22 billion chemical
facility in Saudi Arabia because natural gas supplies are too tight in
this country. This ``Wrong Direction'' bill breaches contracts with
natural gas producers.
Again, this bill simply does not produce any new energy, but, worse,
it affects the supply of energy we currently have, diminishing those.
It is going to put a double squeeze on our economy.
Mr. Chairman, this is not the best new direction. It is a new
direction for the country. It is the wrong direction. I oppose the bill
strongly.
Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, title VII of the pending legislation is the ``Energy
Policy Reform and Revitalization Act of 2007'' which was produced by
the Committee on Natural Resources.
It is the product of 14 hearings held this year, input from over 100
witnesses, results from several Government Accountability Office
reports and Interior Department Inspector General investigations, and a
marathon markup session during which 46 amendments were considered.
The fundamental premise behind this title of H.R. 3221 is that we
must restore accountability and integrity in the Federal onshore and
offshore energy leasing programs and ensure that the public interest is
upheld when it comes to managing energy development on federal lands,
while advancing alternative energy strategies, preserving coal's role
in a global-climate-sensitive world, and addressing impacts on
wildlife, coastal areas and our oceans as a result of climate change.
I would like, at this time, to express my deep appreciation to the
Members of the Natural Resources Committee who assisted in crafting
this legislation. To Subcommittee on Energy and Mineral Resources
Chairman Jim Costa for the many long hours he put into the hearing
process. To Raul Grijalva, Chairman of the Subcommittee on National
Parks, Forests and Public Lands who also conducted hearings and
aggressively fought for public interest provisions in this legislation.
To Subcommittee on Fisheries, Wildlife and Oceans Chairwoman Madeleine
Bordallo for her vision in seeking to address issues relating to
wildlife and our oceans in this measure. And to Grace Napolitano,
chairwoman of the Subcommittee on Water and Power for her contributions
as they relate to western water resources as well.
Last, but certainly not least, I would like to express my deep
appreciation to the Speaker of the House, Nancy Pelosi, for her
intimate involvement with the provisions reported by the Natural
Resources Committee during the process of compiling H.R. 3221.
Others will speak to the many issues contained in this title, but at
this time, I will focus on two.
[[Page 22999]]
Subtitle D of this title will initiate a framework for enabling our
Nation to sequester carbon dioxide under the ground to ensure the
future use of fuels, such as coal, in an environmentally responsible
fashion.
We can talk about ethanol and other biofuels, and wind, and solar all
we want, but the fact of the matter is that coal--which produces half
of our electricity in this country--will continue to be a mainstay
throughout the foreseeable future. At the same time, many of us
representing the coalfields of this country recognize that we must--as
a Nation--aggressively pursue strategies and technologies to capture
and store the carbon dioxide that results from coal combustion.
There are three provisions of this title which seek to accomplish
that goal. The first is a national assessment of the geologic capacity
for carbon storage, focusing on deep saline formations, unmineable coal
seams, or oil and gas reservoirs capable of accommodating industrial
carbon dioxide.
The second directs the Interior Department to devise a regulatory
framework for conducting geological carbon sequestration activities on
federal lands. This is extremely important. In the event a suitable
geologic formation is identified on federal lands, there currently
exists no clear-cut authority to allow the activity to go forward.
The third is the biomass utilization program established by this
title. One of the purposes of this program is to develop biomass
utilization for energy, including through combustion with other fuels
such as coal, to achieve cleaner emissions. This is especially
important in our continued efforts to develop a viable coal-to-liquids
industry in this country to counter imported oil. Expert studies and
tests show that when coal is mixed with biomass in the coal-to-liquids
production process it will produce a cleaner fuel at the tailpipe than
conventional gasoline.
The other area of this title which I would like to highlight relates
to restoring the public interest in the management of our Federal oil
and gas resources. A number of GAO and Interior Inspector General
investigations make it abundantly clear that the taxpayers are not
receiving a fair return for the disposition of these resources as a
result of royalty underpayments, various schemes and outright fraud.
The Natural Resources Committee, under my chairmanship, has been very
aggressive in pursuing these matters. There is a fiduciary
responsibility to the American people involved here, and if the
Interior Department will not fully exercise it then the Congress will.
Provisions of this title will bolster federal audits and provide
expanded tools for requiring compliance with the payment of federal oil
and gas royalties.
This is simply good government, and it belongs in this energy bill.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California
(Mr. Costa).
Mr. COSTA. Mr. Chairman, I want to thank Chairman Rahall, Chairman
Dingell and other committee chairmen, along with the Speaker, for
developing this important, far-reaching bill to address many of the
pressing needs to cut our dependence on foreign oil and gas.
There are many provisions in this legislation, and we know this
legislation is a work in progress, but I would like to point out an
important protection the bill affords for the Roan Plateau in Colorado.
These protections are of great importance to Congressmen Salazar and
Udall, as well as the people of Colorado and the Nation.
The Roan Plateau is also, though, as was suggested by our colleague
from New Mexico, a highly important source of natural gas supply to the
Nation and will remain so for the foreseeable future.
Mr. Salazar gives us an opportunity to address both issues. The
language in the bill specifies that the restrictions on the drilling
are prospective only and do not apply to private drilling activities.
It does not apply to roads, rights-of-way access to privately held land
or production. Nor does it apply to pipelines and infrastructure needed
to transport natural gas across BLM land to access stem pipelines to
transport the gas to the rest of the United States.
Roan area gas is of immense importance to the Nation, with an
estimated 9 trillion cubic feet of gas reserves. California, my State,
gets 24 percent of its natural gas from the Rocky Mountains, clean-
burning natural gas which today is the fuel du jour. California is
struggling, obviously, to come into compliance with clean air
standards. This supply of natural gas is important.
Mr. Chairman, in conclusion, this does provide new energy sources,
solar power, and renewable sources. I want to thank Chairman Rahall and
Congressman Salazar for their amendment.
Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Peterson), who has been a leader in this area.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise today to talk
about the importance of the legislation we are considering. There's
nothing more important to America's economy and security than
affordable, available energy, and we are today looking at legislation
that doesn't deal with that.
Here is our current use of energy: We are 40 percent dependent on
petroleum. We are in world short supply at the moment. The oil
companies are reporting they are most frightened today because of the
lack of oil availability in the world than they have ever remembered.
Natural gas, 23 percent. Coal, 23 percent. Nuclear, 8 percent.
Hydroelectric, 2.7 percent.
None of these major forms of energy will be enhanced or helped. They
will be harmed. The legislation coming from the Natural Resources
Committee will give us less petroleum and increase our dependence on
foreign supply from unstable parts of the world.
Natural gas? Nothing. But it will give us less natural gas and make
us, again, foreign dependent on foreign, from Canada.
Nothing to help coal.
We need an energy bill that gives us energy so our renewables can
grow in order to meet some of our future needs.
Ms. GIFFORDS. Mr. Chairman, I rise to claim the time alotted to the
Science and Technology Committee.
The CHAIRMAN. The gentlewoman from Arizona is recognized.
Ms. GIFFORDS. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today in support of H.R. 3221, the New Direction
for Energy Independence, National Security, and Consumer Protection
Act. This bill will help our Nation make great strides in our efforts
to simultaneously reduce our dependence on foreign energy and address
global climate change. I am proud to join with my colleagues on the
Science and Technology Committee under the leadership of Chairman
Gordon and Ranking Member Hall to contribute a very strong Science and
Technology title to this bill.
This title authorizes funding for research in advanced, experimental
energy technologies; marine renewable energy technologies to harness
the power of ocean waves and currents; geothermal energy technologies,
to tap into the enormous reservoir of heat stored within the earth;
biofuels, to increase the amount of energy we can extract from our
agricultural resources; solar energy technologies, to tap into the
tremendous power of the sun; carbon capture and storage, to reduce the
carbon footprint of coal-fired power plants; and, of course, global
climate change.
{time} 1145
Mr. Chairman, all of these important provisions to this legislation
had bipartisan support within our committee. I look forward to Members'
support of this legislation, and will continue to work with Members to
make sure these great provisions go to the President's desk.
Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I rise to claim the Republican time for the
Education and Labor Committee.
The CHAIRMAN. The gentleman from California is recognized.
Mr. McKEON. Mr. Chairman, I yield myself 5\1/2\ minutes.
Mr. Chairman, I rise in opposition to H.R. 3221, the Democrat Energy
Scarcity Bill. Congress must act decisively to pass a balanced,
comprehensive energy policy that creates more American-made energy,
spurs good jobs, corrects our supply-and-demand imbalance, lowers
prices for consumers, and strengthens America's ability to compete. But
the bill before us today would do none of that. Instead of creating
[[Page 23000]]
new energy supplies for consumers, they trap America's vast energy
resources under ever-more bureaucratic red tape and punitive taxes that
discourage domestic energy investments.
As senior Republican on the Education and Labor Committee, I rise in
opposition not only against H.R. 3221's remarkable lack of any new
energy, but also against the sliver of the bill marked up out of the
blue by our committee in June, the so-called ``green jobs'' provision
in the bill.
I was chairman of our Postsecondary Subcommittee in 1998 when Members
of both parties enacted the Workforce Investment Act, or WIA, to
establish the system of one-stop career centers aimed at providing one
convenient, central location to offer job training and related
employment services. While these reforms have been successful, the WIA
system is still hampered by often unnecessary bureaucracy that prevents
it from being as effective as it could be for workers and their
families.
In response to this, in the last Congress, the Republican-led House
voted to further streamline and consolidate these programs. Today,
rather than following suit, H.R. 3221 will add to the duplicative
nature of these job training programs, all under the guise of ``green
jobs.'' Make no mistake: this marks a significant step backwards in our
effort to streamline the delivery of job training services.
Through the green jobs provision in this bill, though they have
garnered a great deal of attention from the media and Members, it was
significant enough to garner the attention of the Department of Labor.
In an analysis of the language we marked up in committee earlier this
year, the agency noted that the new program created under this bill
would duplicate assistance that is available already to help train
workers under the Workforce Investment Act. As a result, should H.R.
3221 become law, it would mean more red tape, more bureaucracy, and
more hurdles for job seekers.
At a time when Congress purports to be so interested in enhancing
American competitiveness, making it more difficult for job providers
and job seekers to become more competitive themselves, surely this is
not a wise course of action.
This reverse in course at the heart of H.R. 3221 should not be taken
lightly. But given the process that has brought us here, I fear it has
been. The Education and Labor Committee never held a single hearing on
it, outside stakeholders had little or no time to review it, and the
bill had been purposely crafted outside the WIA reauthorization
process.
However, to meet an artificial deadline for introduction of the
Democrat Energy Scarcity Bill, our committee was forced to act hastily.
This ill-considered process is especially discouraging because this
fall our committee is expected to begin the process of reauthorizing
the Workforce Investment Act. Indeed, that process is the appropriate
venue for consideration of the green jobs language considered in the
bill before us today.
If we did follow this more responsible process on the green jobs
language, there are a number of questions Members could and should ask
about it.
For one, Members should know the rationale for giving nonviolent
criminals priority for training under the green jobs bill. Members also
should know why the majority choose to circumvent the successful one
stop program and instead insist the training for green jobs be provided
through an entirely new and separate line of programs. Finally, Members
should know why labor unions are given special treatment under this
bill, when the local workforce investment boards and the business
community, those that actually provide jobs, are left out in the cold.
Unfortunately, we will never get an answer to these or any other
questions about green jobs on the minds of Members, because this
language has been rushed to the floor. As a result, it will make our
job training system more cumbersome and less efficient for both green
jobs training and any other training delivered through the workforce
investment system.
Mr. Chairman, before I conclude, I also must note my continued strong
opposition to the majority's insistence on including controversial
Davis-Bacon wage mandates in both this and other bills forced through
the House this year.
Davis-Bacon wages violate capitalist values of free markets and
competition, and they can inflate costs of projects by as much as 15
percent, costs that get passed on to taxpayers. Moreover, they force
private companies to do millions of dollars more in excess
administrative work each year.
At a time when we should be encouraging more investment in our energy
infrastructure, as this bill purports to do, expanding this mandate is
an unwise course, and one, I might add, that was never considered
before the committee of jurisdiction, the Education and Labor
Committee.
For these and other reasons, Mr. Chairman, I cannot support H.R.
3221, the Democrat Energy Scarcity Bill; and I urge my colleagues to
join me in opposition.
Mr. Chairman, I yield the balance of my time to the gentleman from
South Carolina (Mr. Wilson), subcommittee ranking member on the
Committee on Education and Labor.
The CHAIRMAN. The gentleman is recognized for 2\1/4\ minutes.
Mr. WILSON of South Carolina. Thank you, Mr. McKeon.
Mr. Chairman, I rise today in opposition to this legislation. We have
heard from many of our colleagues this morning about the flaws of this
legislation across a range of policy areas. I would like to focus on
one in particular that concerns many Members of the Committee on
Education and Labor, and particularly the subcommittee on which I serve
as ranking Republican, the Subcommittee on Workforce Protections. That
issue is, of course, that the application of Davis-Bacon prevailing
wage requirements, which is expanded no less than five times in this
bill.
I submitted an amendment to the Rules Committee which would have
conditioned the effective dates of the Davis-Bacon expansions in this
bill on the completion of a study by the GAO to determine how effective
the Davis-Bacon wage system is, and in particular whether progress was
being made on improving its known flaws. I will give my colleagues some
background.
In 2004, the Department of Labor's Office of Inspector General
examined the Wage and Hour Division's attempt to update the Davis-Bacon
wage-gathering system, a system that the Department of Labor spent $22
million updating. The results were troubling.
The IG report stated: ``Wage and fringe benefit data supplied wage
and hour, and used in its surveys continue to have inaccuracies and may
be biased. Further, prevailing wage decisions developed from the data
are not timely.''
Indeed, the problems identified are dramatic. My amendment simply
would have required the Government Accountability Office to examine the
status of the Department of Labor's efforts to remedy these identified
flaws and make progress implementing the IG's suggested reforms before
we expand Davis-Bacon wages and its associated costs in the wholly new
areas of law.
That is why I submitted my amendment to rules and why I am
disappointed we are not debating it today. The Wilson amendment may not
have solved all of the problems in this bill, but it would have at
least made an effort to correct one significant issue that we know
sorely needs fixing.
As the Democrat Congress endeavors to expand Davis-Bacon into
unprecedented areas under this bill, states and private parties
receiving loan guarantees, grants and bonds will now be required to
comply with the act. That is an unprecedented expansion beyond the
original purposes of the act. I urge my colleagues to vote ``no.''
Mr. BOUCHER. Mr. Chairman, I yield myself 1\1/4\ minutes.
Mr. Chairman, the bill before the House creates broad energy
efficiencies. Taken together, our 29 separate energy efficiency
provisions will reduce future greenhouse gas emissions by a total of
8.4 billion tons cumulatively through the year 2030. In the
[[Page 23001]]
year 2030 alone, the reduction will be fully 700 million tons, and that
is an amount equal to all of the vehicles on America's roads today.
The efficiency provisions are truly a major step forward in advancing
American energy policy. They set new standards for lighting that is
many multiples in advance of today's standards. They set higher
standards for future models of an array of consumer products, ranging
from refrigerators, freezers, dishwashers, clothes washers, residential
boilers, electric motors and furnace fans. They promote green
buildings, both in the public sector and also in the private sector.
They create a process to capture much of the heat that today is wasted
from industrial sites, enabling as much as 60 gigawatts of electricity
generation from that energy.
The bill before us is a landmark accomplishment. It will make America
more energy efficient and more energy independent.
Mr. Chairman, I reserve the balance of my time. I would say to the
gentleman from Texas that we do not have other speakers on this side,
except for the potential to close on this side at the end of this
debate.
Mr. BARTON of Texas. What is the intention of the controller of the
time for the Energy and Commerce Committee on the majority? Are you
about to yield back? Are you going to reserve?
Mr. BOUCHER. If the gentleman would yield, we are reserving the
balance of our time. We do not have additional speakers on this side
for general debate. We do reserve the potential for a brief close in
general debate, but that will be the extent of general debate on our
side.
Mr. BARTON of Texas. Then, Mr. Chairman, I reserve the balance of the
Energy and Commerce time on the minority side until the end of the
general debate.
Mr. BOUCHER. If the gentleman from Texas would yield again for a
moment, what we are attempting to do actually is facilitate the debate.
At this point in time, if the gentleman is prepared to use his time, we
would yield back the balance of our time.
Mr. BARTON of Texas. All right. Then I would yield myself 5\1/2\
minutes, with the understanding, I want to make sure before I do this
Mr. Boucher or Mr. Dingell or some member of the Energy and Commerce
Committee is going to speak after I speak. Is that correct?
Mr. BOUCHER. No, I would say to the gentleman from Texas that we are
prepared at this point to yield back the balance of our time.
Mr. BARTON of Texas. Then I will yield myself, I believe I have 5\1/
2\ minutes, is that correct?
The CHAIRMAN. That is correct.
The gentleman is recognized.
Mr. BARTON of Texas. Mr. Chairman, first let me say some positive
things. I want to commend Chairman Dingell and Subcommittee Chairman
Boucher for the number of hearings that they have held on this issue in
this Congress and this committee. I want to commend them for the draft
that they circulated earlier this year in which they attempted to put
forward a bipartisan energy bill that actually had real energy in it.
Unfortunately, the draft that Subcommittee Chairman Boucher circulated
was hijacked. I am not sure what happened to it, but it just kind of
disappeared.
We had 6 committee prints that were marked up at subcommittee and
full committee. They were artfully crafted in such a way that no
amendment that dealt with energy was germane to the committee prints.
As I said at the full committee markup, I am in awe of the
parliamentary expertise, but I was not in awe of the substance of the
actual amendments or the actual committee prints.
This is the first Congress that I have served in in which there has
not been a bipartisan approach to energy policy. In all the previous
Congresses that I have served in, whether you had a Democrat majority
or a Republican majority, when it came to energy policy, we tried to be
bipartisan. For some reason, so far in this Congress that has not been
the case.
If you look at the complete text of the bill that is before us, you
see things in it that have never been seen before in an energy bill.
{time} 1200
There is some sort of a Clean Energy Foundation that is appropriated
$100 million that apparently has the authority to enter into contracts,
perhaps even binding contracts, with foreign governments. That is not
from the Energy and Commerce part of the bill, but it is in one of the
titles in the bill.
We don't have anything on clean coal technology. We don't have
anything on oil and gas. There is in the Energy and Commerce section of
the bill, there is something to try to clarify the loan guarantees with
regard to new construction of nuclear power plants which was considered
in the Energy Policy Act of 2005.
There are some sections of the bill that deal with building codes,
and one could argue that section of the bill preempts State and local
building codes. I'm not sure that is the kind of energy policy that we
really want to implement, where Washington knows better than your local
government what the building codes should be.
There is a provision that says ``by date certain''. I think the date
certain is 2050, that every building in America has to, on a net basis,
consume no energy. There are some exclusions based on reasonableness,
but there is no exclusion based on cost, including the building that we
are currently in, the Capitol of the United States of America.
Can you imagine what it is going to cost if this bill becomes law to
make the U.S. Capitol on a net basis use no energy? I am not sure it
could even be done, but if it can be done, it is going to be enormously
expensive.
For some of the reasons I have already outlined, the administration
has said they are going to veto the bill. So this is really an exercise
in sterile futility because this bill isn't going anywhere. I am not
even sure it will be attempted to be conferenced with the other body.
This is not the way I conducted energy policy when I was chairman of
the Energy Committee. I believe it is probably not the way that the
current chairman of the Energy and Commerce Committee really wants to
conduct energy policy. This is really a political exercise to give some
Members of the majority party a forum to put forward their pet ideas
and pet projects. But it is not good for the country, and it is not
good energy policy, and it should be defeated in the strongest possible
terms.
Mr. Chairman, U.S. reliance on unstable foreign sources of oil is at
an all-time high. The world price of oil set a record just this week.
Refinery capacity is shaky and shrinking fast, and I remind everyone
here for the umpteenth time that no new refinery has been built in
America in more than 30 years.
Americans want to know when we will start producing more of our own
energy at prices that real people can afford to pay. I want to know how
much ordinary Americans have to endure before the Democratic majority
takes any action that actually matters on cutting fuel costs to working
people?
Take natural gas. It used to be cheap, but now it's expensive and we
burn too much of it for the purpose of generating electricity. That's a
big part of the reason that it costs so much to heat and cool a home,
but people also pay extra in the products and services they buy because
pricy electricity drives up manufacturing cost. Sometimes it even
drives industry and jobs out of the country.
Coal is our Nation's most abundant energy source, but the Democratic
leadership doesn't see it that way. They are mostly interested in
astonishingly costly and barely viable energy sources rather than the
cheapest and most abundant, and it will be ordinary working Americans
who will pay the cost of their policies. Don't get me wrong. Windmills
and solar arrays are worthy of our support, but so is the cheapest and
most abundant fuel we have. Yet coal, whether it's clean or liquefied
or both, is just not on the Democratic majority's political agenda at
any cost.
Even the energy efficiency parts of the Democratic bill are more
sticks than carrots. For example, nearly everybody thought it would
best if air conditioners and furnaces were built to match specific
regions' particular energy needs. Who hasn't noticed that the summers
in Texas are a little different than the
[[Page 23002]]
summers in Maine? I'm here to tell you that the winters are different,
too.
Most of us thought that buyers should get to decide on the heating
and cooling equipment that works best for them. But instead of giving
consumers information and choices, we're going to punish retailers who
have the gall to let their customers decide what they need and want. In
the view of the Democratic majority, Washington knows what's best.
In 2007, our America faces energy challenges on every front, but on
this sorry day, we're not going to do anything about them. We are
engaged here today in what is laughingly called a debate about an
energy bill. This is hardly a debate, and this is certainly not an
energy bill.
I hope we can stop this nonsense and start over and get it right. I
urge my colleagues to take every opportunity today to achieve that
noble goal.
Mr. Chairman, I yield back the balance of my time.
Mr. BOUCHER. Mr. Chairman, I yield back the balance of my time.
Mr. HALL of Texas. Mr. Chairman, I rise to claim the time of the
Science and Technology Committee and presume in all this finagling I
haven't lost my 7\1/2\ minutes.
The CHAIRMAN. The gentleman has 7\1/2\ minutes.
Mr. HALL of Texas. Thank you, sir.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I have said it here before and I will keep on saying
it. For some reason, there is a war going on today against energy from
fossil fuels, and I am not really sure why. Anyone ought to be able to
understand that, to be less dependent on foreign sources of oil and to
increase our national security, we need conventional, renewable, and
alternative sources of energy. Our country at this time will not be
able to continue to thrive and lead the world on renewable energy
alone. Punishing the oil and gas industry, hindering alternative uses
of clean coal and stifling nuclear power will ensure that the United
States loses its place as a world leader.
Make no mistake, I support the continued development and increased
use of renewable energy but not at the detriment of fossil fuels and
clean nuclear energy that we absolutely have to have today.
The bill before us today includes many provisions of research and
development into renewable energies that I support, but there is not
one thing in this bill that would encourage the development or
production of oil and gas in our country or off our country's coast,
which is the only way we are going to decrease our imports in the near
term.
Why? What on earth are my friends on the other side of the aisle
afraid of? I can't for the life of me understand the pure venom that is
felt for the oil and gas industry.
At this time in our country's history, more than any other time, when
we are up against terrorists who have no fear of dying and only want to
kill as many Americans as they can, we need to develop our domestic
sources of energy for ourselves. We need to reduce our imports and our
dependence on OPEC. And, yes, we need to continue developing renewable
and alternative sources of energy to eventually help displace our use
of oil and gas. But it is not going to happen next year or in the next
10 years. We need to be realistic about this and deliberate about this
and come together about this because I believe Republicans and
Democrats alike care about our youngsters and care about the future of
this country.
Mr. Chairman, I am disappointed that this bill has energy
independence and national security in its title. I think it is
misleading. We can't become independent and secure on energy deficiency
and research and development alone. We definitely need them, but they
can't carry the weight of our country's energy needs.
As the ranking member of the Science Committee, I would like to focus
on the science side of the bill. While I feel there is some good
research and development in the science title, I am disappointed to see
that ARPA-E is in there again. We just passed it as part of the
Competitiveness bill on Thursday after 2 months of negotiations. The
Senate passed it on Friday, and it is on its way to the President's
desk.
I am as opposed to it today as part of this bill as I was on Thursday
when it was a part of the other bill. I am especially troubled that
this version costs billions more than the one we just passed. I still
believe it is unnecessary and could divert very valuable resources away
from the Office of Science.
During committee markups, I, along with several other of my
Republican colleagues, offered amendments that would have improved upon
the bills, but they were voted down by every Democrat on the committee.
These were commonsense provisions I thought and we thought that would
have ensured that our most abundant domestic source of energy, coal,
would continue to be a part of the energy future as an alternative
fuel.
One amendment by Mr. McCaul from Texas simply added coal-to-liquids
refineries to a list of facilities that could be a source of carbon
dioxide for the large-scale sequestration demonstrations in the carbon
capture and sequestration bill.
I offered an amendment to research ways to blend coal-to-liquids
fuels with biofuels in order to prolong the supply of both. This would
have helped to mitigate the potential negative effects that increased
biofuel development would have on our food supply and on our prices. My
friends on the other side of the aisle have decided that coal is a
four-letter word when, instead, they ought to be looking at it as a
ticket to independence.
Our greatest generation is no longer my generation, but it is our
children and our grandchildren's generation. Let's not leave them with
no choice but to fight wars all over the world for energy because our
leadership here continues to put forth legislation that stifles
domestic production of oil and gas and shuts out coal and shuts out
nuclear energy sources.
Mr. Chairman, I reserve the balance of my time.
Mr. RAHALL. Mr. Chairman, I yield myself the balance of my time for
the Committee on Natural Resources.
Mr. Chairman, to follow on my previous comments and to respond to
many of the comments made on the minority side, there are those on the
majority side representing coal fields of this country that recognize
that we must as a Nation aggressively pursue strategies and
technologies to capture and store the carbon dioxide that results from
coal combustion.
There are three provisions in the natural resources title which seek
to accomplish that goal. The first is a national assessment of the
geological capacity for carbon storage, focusing on deep saline
formations, unmineable coal seams or oil and gas reservoirs capable of
accommodating industrial carbon dioxide.
The second initiative directs the Interior Department to devise a
regulatory framework for conducting geological carbon sequestration
activities on Federal lands. This is extremely important considering
future actions this Congress may take in this area. In the event a
suitable geological formation is identified on Federal lands, there
currently exists no clear-cut authority to allow that activity to go
forward.
The third is the biomass utilization program established by this
title. One of the purposes of this program is to develop biomass
utilization for energy, including through combustion with other fuels
such as coal, to achieve cleaner emissions. This is especially
important in our continued efforts to develop a viable coal-to-liquids
industry in this country to counter imported oil. Expert studies and
tests show that when coal is mixed with biomass in the coal-to-liquid
production process it will produce a cleaner fuel at the tailpipe than
conventional gasoline.
In conclusion, on our title VII of the Natural Resources part of this
bill, I would like to highlight provisions which aim to restore the
public interest in the management of our Federal oil and gas reserves.
A number of GAO and Interior Inspector General investigations made it
abundantly clear to our committee that the taxpayers are not receiving
a fair return for the disposition of their
[[Page 23003]]
resources as a result of royalty underpayments, various schemes and
outright fraud.
The Natural Resources Committee has been very aggressive in pursuing
these matters. There is a fiduciary responsibility to the American
people involved here, and if the Interior Department will not fully
exercise it under this administration, then those of us in Congress on
our committee will.
Provisions of this title will bolster Federal audits and provide
expanded tools for requiring compliance with the payment of Federal oil
and gas royalties. This is simply good government.
Our portion of this bill provides for transparency, accountability,
and a fair return to the true owners of these Federal lands, the
American taxpayer. No longer can we allow the American taxpayer to be
ripped off, to not receive their fair share for the disposition of
their resources. No longer can we allow cronyism, fraud and abuse to
exist in the Department of the Interior.
I conclude by saying that the Natural Resources portion of this bill
is a good bill. The underlying bill is a good bill. I salute our
Speaker, a true leader, who has addressed the concerns of many members
of our caucus, who has an intimate grasp of the details of this
legislation. Under Speaker Pelosi's leadership, we are advancing in
this particular legislation energy independence for this country, a
freeing of our reliance upon foreign, unstable sources of oil that
imperil not only our national security but imperil the lives of our
young men and women.
This bill helps restore that integrity and that independence. I urge
all of my colleagues to vote for the underlying bill.
Mr. Chairman, I yield back the balance of my time.
Mr. HALL of Texas. Mr. Chairman, I yield 2 minutes to the gentleman
from Illinois (Mr. Shimkus).
Mr. SHIMKUS. Mr. Chairman, I want to talk about natural gas for a few
minutes. Natural gas is a major commodity product in a lot of what we
do in our country. I think this chart basically shows that as the price
of natural gas goes up jobs go down. We are not competitive with
countries around the world on natural gas.
Look what we have done and what we continue to do in this bill. It is
amazing how our major coastal States want to drive us to energy
efficiency, they want to use electricity, but they don't want us to use
the natural resources off their coast.
This is a map of our country. It shows all the areas in red that are
off limits for natural gas exploration. So we have the States of
Massachusetts, Maine, Vermont; we have the great State of California,
Oregon, Washington State. Guess what? It is okay if we use natural gas,
but don't get it from our Outer Continental Shelf.
What do they do in this bill? They put a big ``don't get it from''
the mountain States any more. So we continue to want to use
electricity, we continue to want to use natural gas, but you know what,
we don't want to explore for it. That is why I am concerned about this
bill.
I have great friends, and I appreciate the efficiency debate. Light
cars, light bulbs, it could be a little bit of help.
{time} 1215
But if we don't move with a renewable fuel standard, if we don't use
coal in an alternative fuel standard, if we don't continue to move on
ethanol, if we don't expand nuclear options and hopefully move to a
hydrogen economy, we're kidding ourselves. We have to do both. To come
to this floor and say that this is going to decrease our reliance on
imported crude oil and this is going to make us safer is not correct.
Vote against this bill.
Ms. GIFFORDS. Mr. Chairman, we have no speakers. Would my friend from
Texas please rise for a question?
Mr. HALL of Texas. If I might inquire first before I answer the
gentlewoman from Arizona, how much time do I have remaining?
The CHAIRMAN. The gentleman from Texas has 30 seconds remaining.
Mr. HALL of Texas. 30 full seconds. Now, go ahead.
Ms. GIFFORDS. We have no additional speakers. We're prepared to yield
back our time.
Mr. HALL of Texas. Mr. Chairman, I yield myself the remaining time.
I just want to simply say that at a time when we import 60 percent of
our oil from OPEC countries and others, we need to be encouraging
domestic production of fossil fuels. We have it. We don't have anywhere
else to turn.
I just think energy is such a national security issue, not a partisan
political issue. We have to move beyond partisan rhetoric and pass a
sensible energy legislation that would promote all sources of energy,
increases our domestic capacity, reduce the cost of energy, promote
technologies to make fossil fuels including coal, clean coal cleaner
and more efficient.
This week Democratic House leaders have been scrambling to get energy
legislation to the floor before Congress recesses for August, yet the
bill they are hoping to pass today doesn't create any new energy and
doesn't help meet America's energy needs.
At a time when we import 60 percent of our oil from OPEC countries,
we need to be encouraging domestic production of fossil fuels. The
Democrats' energy bill doesn't expand our domestic energy supply one
drop of oil.
Our economy depends on fossil fuels, yet opponents of oil and gas
continue to push legislation to raise taxes on our domestic energy
producers and refiners, making American energy more expensive, and
making us even more dependent on foreign, unstable regimes.
Bio-fuels and other alternative energy sources have great potential,
but are not ready to replace fossil fuels on a large scale in our
domestic energy portfolio. As ranking member of the Science and
Technology Committee, I believe that one day the investments we make in
research and development into alternative energy will make a big
difference, but right now Americans need clean, affordable, and
abundant energy--and I'm afraid the bill before us today does not
advance this goal.
Comprehensive energy solutions must include all sources of energy.
Not only should we invest in research and development for technologies
that promote renewable and alternative sources of energy, but we should
also invest in technologies that make existing energy sources cleaner,
more affordable and more efficient. At the same time, we must continue
to support the domestic oil and gas industry in order to reduce our
dependence on foreign oil. We cannot turn our backs on the fossil fuels
that have made our country what it is today.
Energy is a national security issue--not a partisan political issue.
We must move beyond partisan rhetoric and pass sensible energy
legislation that promotes all sources of energy, increases our domestic
capacity, reduces the cost of energy, and promotes technologies to make
fossil fuels, including coal, cleaner and more efficient.
Mr. Chairman, I yield back my time.
Ms. GIFFORDS. Mr. Chairman, I yield back my time as well.
Mr. OBERSTAR. Mr. Chairman, I claim the time for the Committee on
Transportation and Infrastructure and yield myself such time as I may
consume.
The CHAIRMAN. The gentleman from Minnesota is recognized.
Mr. OBERSTAR. The European community nations have achieved a
remarkable milestone. They have achieved a 10 percent mode shift from
automobiles to transit. The State of New Jersey has also achieved a
mode shift to 10 percent of all travel by transit. If we can make that
mode shift nationwide in the U.S., we will save the equivalent of all
the oil we import from Saudi Arabia. That's 550 million barrels a year.
The recommendations from the Committee on Transportation and
Infrastructure incorporated in this bill will move us in that
direction.
We authorize $1.7 billion of capital operating funds for transit
agencies to reduce fares and expand services, to purchase alternative
fuel buses, alternative fuel locomotives, ferries, and refueling
facilities.
If the alternative transit program had been continued with vigor,
there was a very successful hydrogen bus initiative that produced
vehicles that operated in Santa Barbara, California, that I had the
privilege of going out there to ride in those buses. We can achieve
those goals without a Manhattan Project or without a man on the moon
project because we have the technology already in hand.
[[Page 23004]]
Our legislation also increases the Federal share for Congestion
Mitigation and Air Quality Improvement funds to increase incentives for
States to use those funds. We authorize funding for the purchase of
green locomotives and track improvements for short-line railroads.
The private line, private sector rail companies have had great
success with their green goat switch engines in makeup yards for
freight rails, producing vastly less particulates and CO2
and NOX in those areas which are very close to habited
communities that feel mostly the effect of the noise and the air
pollution, vast reductions in already existing technology with no loss
in efficiency but also savings of cost.
We also authorize $2 billion in loan guarantees to establish a short
sea shipping transportation program which would be very beneficial on
the Great Lakes, would help reduce the congestion in Chicago, and would
improve the coastwise trade on the east, west and gulf coast regions of
the United States.
We also require GSA, General Services Administration, to install
energy-efficient light bulbs in Federal buildings, including to
photovoltaic systems. We require the Department of Energy to construct
a sun wall on its headquarters. Actually, that building was
constructed, the south wall, with no windows or doors to accommodate
solar application. We reported that bill early in the work of our
committee with the support of our ranking member, Mr. Mica, and
enthusiastic bipartisan vote in the committee to use money out of the
public building fund to build that wall so that at the end of the day
the Department of Energy will pump excess electricity into the Pepco
grid system and run all of the elevators, escalators, computers,
lights, anything that runs on electricity by photovoltaics. We already
have technology. We need to do that. Our provisions in this bill will,
using what already exists to save energy, reduce costs.
And I just add one further item, and that is on the General Services
Administration, our committee has jurisdiction over 366 million of
square feet of Federal office space. The electricity bill annually is
$5.8 billion. If we install photovoltaic cells on all those buildings,
we can save 90 percent of that cost and save also the consumption of
coal and natural gas, whatever it takes to produce the electricity for
those buildings.
These are all realistic, within grasp, available technology
initiatives that we bring to you in a very practical way.
Mr. Chairman, I reserve the balance of my time.
Mr. MICA. Mr. Chairman, I rise to claim the time in opposition.
The CHAIRMAN. The gentleman from Florida is recognized.
Mr. MICA. Mr. Chairman, actually I'm pleased to be here on a Saturday
because we should be here on Saturday, Sunday, Monday and through the
entire week to address the issue of energy independence for this
Nation. People who drive up to the gas pump want some relief from high
energy costs. People who get their bill at home and are struggling to
pay that high power bill are being challenged, people on fixed incomes,
and also, the country's being held hostage now importing so much fossil
fuel.
And this is all supposed to be about climate change. We all want to
preserve and protect the climate. We had a little piece of this in the
T&I Committee. But actually we could make a big impact, because if you
look at the emissions into the atmosphere that are causing global
warming and some of the problems, power generation is one of the
biggest generators of that pollution and degradation of our
environment. And then transportation, all you've got to do is look at
the cars and trucks and the use of energy and then polluting our
environment and adding to the warming of the climate.
But unfortunately, in our committee markup, Republicans tried to add
some real energy policy changes to this bill, and they didn't accept
them, the Democrats didn't accept them. For example, Congresswoman
Thelma Drake from Virginia, she had an excellent amendment to lift some
of the limitation on congestion mitigation and air quality funds to
allow the CMAQ money, this type of money the Federal Government allows,
to be used for capacity expansion projects.
The Democrats claim that this legislation is about climate change,
and really, the leading causes of greenhouse gas emissions, as I said,
is traffic and, actually, congestion.
Addressing the problem of congestion, if we'd done that, we would
really be doing much more for a solution to reduce emissions and
improve our air quality. That was turned down by the other side. I
could give you a lot of statistics, and I'll include them in the Record
of what it would do. So the Democrats rejected this effort.
Let's look at another Republican recommendation. Sam Graves, an
outstanding representative from Missouri and one of the ranking
members, offered an amendment in committee, and it was included in the
Republican alternative, to streamline the pipeline permitting process
to allow just for repairs, and it was rejected. This is getting some of
the fossil fuel on a temporary basis to where it needs to go and also
for gas and other substances that make us less dependent on the fossil
fuels that cause pollution.
And finally, the Republicans offered an alternative that the
Democrats refused to make in order that identify deepwater ports that
we can use for L&G facilities to bring in liquefied natural gas on an
expedited basis when it's in the national interest. So, again, we
become less reliant on the types of fossil fuels that pollute and cause
global warming.
So we attempted to work with the other side for real solutions that
we could have put in in addressing the problems that transportation
contributes again to global warming and these bad emissions in our
atmosphere were rejected.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I listened with interest to my good
friend from Florida about our committee markup on this legislation, and
I do think that a correction to the record is in order.
The Drake amendment would have amended the Congestion Mitigation and
Air Quality Improvement Program to allow construction of new single-
occupancy vehicle lanes. That hardly contributes to energy
conservation. CMAQ is intended for high-occupancy vehicle lanes.
Ninety-eight percent of the STP and NHS programs can be used for
single-occupancy vehicle lanes. CMAQ, since ISTEA in 1991, has been an
energy conservation and air quality improvement program. That amendment
would have set us back rather than moved us forward.
The L&G provision the gentleman referenced, the amendment was
directed at a provision in the existing safety law legislation in the
State of Massachusetts, one which the entire Massachusetts delegation
supported in 2005, and the existing law and this provision would have
overturned or significantly amended that language and was vigorously
opposed by the entire Massachusetts delegation.
Mr. Chairman, I reserve the balance of my time.
Mr. MICA. Mr. Chairman, may I inquire as to how much time I have
remaining.
The CHAIRMAN. The gentleman from Florida has 3 minutes remaining. The
gentleman from Minnesota has 1 minute remaining.
Mr. MICA. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from West Virginia (Mrs. Capito).
Mrs. CAPITO. Mr. Chairman, I rise in strong opposition to this
misguided energy bill, or the ``energy without half the lights on''
bill.
There's a saying in West Virginia that coal keeps the lights on, but
H.R. 3321 effectively turns off the lights on the country's energy
supply. It's important to our economy, to family budgets, and to
businesses across the country that we increase our supply of
domestically produced energy of all types. That includes energy from
renewable sources, like wind, but it should also include more
traditional energy sources like clean coal and natural gas that provide
the bulk of our country's energy.
[[Page 23005]]
We need to take advantage of our own natural resources to reduce our
reliance on foreign oil. Yet the bill we consider today does nothing to
support clean coal to liquid fuels. This country has a 240-year supply
of coal that could be used to replace some of the imported oil we
currently use for transportation fuel. Coal provides over one-half of
our Nation's electricity and well over 95 percent of the power in my
State of West Virginia.
{time} 1230
Where is it in this bill? This is the ``no energy'' energy bill.
Clean coal has the potential to be a major part of the solution in
reducing our reliance on foreign oil through many technologies, among
those, coal-to-liquid.
Besides being a major coal producer, my State of West Virginia also
has a large oil and gas business and a large chemical industry that
relies on natural gas as a feedstock. This bill's provisions will
likely delay or reduce access to a significant portion of our natural
gas reserves.
Increasing natural gas prices will drive up the cost of chemical
manufacturing and cost more workers in this industry their jobs. An
economist in my local paper this morning said, ``The fewer lands open
for drilling, the higher the price for natural gas. It's not a good
thing for consumers.''
It simply defies logic that this House, on one hand, can condemn the
high cost of energy price at the pump, heating and cooling, while on
the other hand refuse to act on clean coal legislation, coal
liquefaction, and cut off access to domestic oil shale and natural gas.
If the new direction in domestic policy means turning our back on
domestic coal or turning off half our lights and if it means cutting
off our access to our own natural gas and oil shale so we can be held
hostage by foreign countries for energy or if it turns out half the
lights or 95 percent of the lights in my State of West Virginia, I want
no part of it.
I urge my colleagues to reject this energy legislation.
Mr. MICA. Might I inquire again about the time remaining?
The CHAIRMAN. The gentleman from Florida has 30 seconds remaining.
The gentleman from Minnesota has 1 minute and the right to close.
Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
First, on the issue of capacity expansion process, studies have shown
that improving traffic flow at more than 200 identified bottlenecks
would reduce carbon emissions by as much as 77 percent. That's that
single lane.
On the bridge in Massachusetts, the Democrats were all in favor of
taking down a 100-year old bridge and replacing it. We are replacing
that bridge. That new bridge will be in place. Now they found out that
the old bridge will block the liquified natural gas tankers from going
up. They wanted that bridge removed. That bridge is still going to be
there and blocking their natural gas from getting to where it needs to
go. Unbelievable.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
The gentleman fully knows the issue at hand in Massachusetts. The
entire Massachusetts delegation knows their State better than we here
in this body.
As for the capacity issue, that amendment was never offered.
Our bill does keep the lights on, but with photovoltaic, energy
efficient lighting, compact fluorescents. To reduce the cost, save the
use of coal so that it can be directed to more important industrial
purposes like producing steel, we do have an energy conservation and
energy-creating program that we bring to the floor in our portion of
this legislation.
I was actually out this morning myself helping the energy issue,
consuming 900 calories on the seat of a bicycle, rather than consuming
a gallon of gasoline in my car.
In fact, if we all did that, we could save that eight barrels of oil
a year, consume 86,000 calories on the seat of a bicycle and convert
from a hydrocarbon economy to the carbohydrating economy.
Mr. LANTOS. Mr. Chairman, I claim the time allotted to the Committee
on Foreign Affairs.
The CHAIRMAN. The gentleman is recognized.
Mr. LANTOS. Thank you, Mr. Chairman.
Let me first commend Speaker Pelosi for orchestrating an incredibly
complex set of provisions across the full spectrum of issues and
committees. It was a masterful achievement, and we are all in her debt.
Mr. Chairman, I yield myself as much time as I might consume.
Mr. Chairman, climate change presents a challenge to all of humanity.
The bill before us today includes several groundbreaking international
provisions to ensure America's role as the world's leader in the fight
to save the planet, not as a reluctant and grudging participant.
Passing our bill will mark a historic turning point in this country's
engagement with the international community on global warming. No
longer will we debate and delay endlessly dealing with this crisis. No
longer will we send low-level bureaucrats to crucial international
climate change meetings with express marching orders to muzzle the
science and to obstruct action.
I am very pleased that my friend from New Jersey, Congressman Chris
Smith, joined me as the chief Republican cosponsor of the international
provisions included in this bill.
Our legislation passed the Foreign Affairs Committee overwhelmingly
on a bipartisan basis, and I encourage all of our Members to vote for
this historic legislation.
Mr. Chairman, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I claim the time in opposition.
The CHAIRMAN. The gentlewoman from Florida is recognized.
Ms. ROS-LEHTINEN. Mr. Chairman, I yield myself such time as I may
consume.
We all agree that the United States can be a leader on a number of
global and environmental issues and we seek to find innovative ways to
address these challenges.
This bill is not the answer. It is merely a compilation of
regulation, increased funding, and the creation of additional layers of
bureaucracy.
Title II of this bill, the Foreign Affairs title, sets up a new
office structure at the State Department to focus on climate change,
but it ignores the fact that we already have an office in the
Department's Bureau of Oceans, Environment and Science that deals with
these very issues. The bill is silent on how many new personnel will be
needed for this new office and at what cost.
This legislation also seeks to ignore the current efforts in the
existence of the senior climate negotiator and special representative
by creating a new duplicative decision. Title II, section C, of this
bill proposes a new, federally supported organization entitled the
International Clean Energy Foundation, which would duplicate the grant-
making work of the State Department, USAID, and the United Nations.
The bill authorizes $100 million over 5 years for this Foundation and
essentially guarantees that the Foundation will exist forever.
In fact, following passage by the Foreign Affairs Committee of a bill
which became title II of H.R. 3221, we received an estimate from the
Congressional Budget Office which says that just the Foreign Affairs
title of the bill would cost $772 million over the years 2008 to 2012.
That is $772 million over 5 years.
A few short months ago, we had a debate in the House on the
Intelligence authorization bill, which contained a provision mandating
that the intelligence community use its resources to develop a National
Intelligence Estimate on the issue of global warming. We thought that
the majority would wait to receive an assessment of the nature and
extent of the problem, as well as a range of factors contributing to
the problem before having the House vote on this bill. But this was not
to be.
As public servants, our overarching responsibility should be to do no
harm. This legislation, I agree, runs contrary to that principle.
We all share a desire to do more to exert U.S. leadership in the
environmental realm. We must be careful not
[[Page 23006]]
to fool ourselves into believing that throwing money at the problem and
adding layers of bureaucracy are truly effective ways of addressing
this issue.
Mr. Chairman, I urge my colleagues to vote ``no'' on the bill, and I
reserve the balance of our time.
Mr. LANTOS. Mr. Chairman, I yield to my friend from New York (Mrs.
Maloney) for a unanimous consent request.
Mrs. MALONEY of New York. I thank the gentleman for yielding.
Mr. Chairman, I rise in strong support of H.R. 3221, the New
Direction for Energy Independence, National Security, and Consumer
Protection Act. This bill will truly lead us in a new direction. By
investing in renewable energy technologies and landmark energy
efficiency efforts, we'll be creating millions of green jobs in our
economy. With the government taking the lead in reducing greenhouse
gases, we'll be setting the right example and setting the bar high. By
encouraging high-payoff energy technology R&D, we'll be spurring
innovation in solar, geothermal, and marine renewable energy. And by
taking steps to increase accountability in the payment of federal oil
and gas royalties, we'll be doing more to ensure the American taxpayers
are being paid their fair share in royalties from oil and gas
companies.
One important addition that I believe must be included in the bill is
a 15 percent Renewable Electricity Standard. I hope my colleagues will
support the Udall amendment to put our Nation on a path toward a clean
energy future.
Another important improvement to the bill would be the addition of a
study of ways to improve the accuracy of collection of federal oil and
natural gas royalties. The American taxpayers are possibly being
cheated out of billions of dollars in royalties owed to them by energy
companies, and an amendment I offered to the Rules committee to ensure
such a study would help get taxpayers the royalties they are due.
Lawsuits have been filed alleging that energy companies are
underpaying billions of dollars in royalties because of these
inaccuracies--or possibly because of outright manipulation-- in the
process for determining royalty payments. Many of these lawsuits have
been settled; and we're talking about a lot of money here: In 2000 and
2001, major oil companies settled with the Justice Department for over
half a billion dollars in two False Claims Act lawsuits over oil and
royalty underpayments. In 2004, Chevron paid out $111 million to the
State of Louisiana for underpayments. In 2005, BP owned up to the tune
of $233 in a Colorado case. And, in a case still pending, Exxon Mobil
may owe up to $3.6 billion or much more to the State of Alabama for
underpayments in royalties there. Certainly, for this kind of money, we
can afford to ask the experts who understand the technical issues here
to study the major underlying problems.
I am disappointed that my amendment was not ruled in order, but I am
pleased to have support from Chairman Rahall, in addition to support
from the Project on Government Oversight, Taxpayers for Common Sense
Action and Friends of the Earth. I thank Chairman Rahall for agreeing
to hold a hearing on this issue, and I look forward to working with him
toward enacting this provision.
Mr. Chairman, the American people are ready to tackle the challenges
of global climate change, to get on a path to energy independence, and
to be a leader in the world in protecting our planet. They're ready for
a New Direction, and I am proud that this Democratic Congress has
undertaken the challenge. No one doubts that bringing this important
bill to the floor today has been a long and hard fight. I applaud the
hard work of all the leaders on this issue and urge all my colleagues
to support the bill.
Mr. LANTOS. Mr. Chairman, just to summarize briefly some of the
comments made by my good friend from Florida, climate diplomacy has
been sidelined under this administration to such an extent that
expertise and diplomatic stability in climate negotiations is now
almost absent in the Department of State. It is long, long overdue that
we reinvigorate the capability of the Department of State on the issue
of global climate change and our legislation does that.
We are also creating a foundation not as a bureaucracy but as an
institution to act as a clearinghouse of ideas and the matchmaker
amongst foreign public and private actors working on global clean
energy technologies.
Probably no single item has contributed as much to the decline of the
United States' prestige internationally than our cavalier attitude
towards global climate change. With a new administration coming in less
than 1\1/2\ years, we preparing the ground that our global partners
will again respect us and look to us for international leadership on
this all-important issue.
Mr. Chairman, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I yield 2\1/2\ minutes to the
distinguished colleague from Virginia, the ranking member on the
Committee on Agriculture, Mr. Goodlatte.
Mr. GOODLATTE. I thank the gentlewoman for yielding.
Mr. Chairman, I rise today in strong opposition to this legislation,
which will do nothing to make us energy independent. This bill sets us
on a dangerous path and ensures that we cannot produce sufficient
domestic energy.
I believe we should find solutions to address our energy needs.
Unfortunately, this legislation will result in less domestic energy
production. This bill increases America's dependence on foreign oil, a
dangerous policy for our national and economic security. This is a tax
and spend and mandate policy by the Democrats, imposing $15 billion in
tax increases and myriad new government mandates.
They will say these taxes and mandates won't affect average
Americans, only oil companies in other businesses. Nothing could be
further from the truth. These taxes will impede domestic oil and gas
production, discourage investment in refinery capacity, and make it
more expensive for domestic energy companies to operate in America than
their foreign competitors, making the price at the pump rise even
higher. An increased tax doesn't just hurt energy companies, it hurts
every American energy consumer.
This legislation does not even address some of our most promising
domestic alternative and renewable energy supplies. There is nothing in
this bill that addresses clean coal-to-liquid technologies or nuclear
energy. Coal is one of our Nation's most abundant resources, yet the
development of clean coal technologies is completely ignored.
Furthermore, this legislation doesn't encourage the construction of
nuclear energy generation facilities. As the Congress works to promote
green energy, we should encourage the production of more nuclear sites
which provide energy without CO2 emissions.
In one of the few programs that could lead to increased energy
production, I am baffled that it contains Davis-Bacon labor provisions.
Renewable energy plans financed through loan guarantees would be
located in rural America, but artificially inflated construction costs
caused by Davis-Bacon will negate the program in most rural areas.
This legislation does not address the energy concerns of our country.
It makes the situation worse. If we want to make America energy
independent, this Congress must pass a bill that contains energy. This
bill does not.
I urge my colleagues to reject this bill and work to find real
solutions to the energy needs facing our country.
Mr. Chairman, I rise today in opposition to this reckless energy
policy, which will do absolutely nothing to make us energy independent,
or lower energy costs. This bill sets us on a dangerous path and ties
our hands in a regulatory mess to ensure that we cannot produce
domestic energy.
Like my colleagues, I believe we should find solutions to address the
growing demand for energy. Unfortunately, this legislation contains no
energy in it. In the Republican-led Congress, I supported an Energy
Bill that actually encouraged energy--domestic energy production--and
lessened our dependence on foreign oil. Today's legislation, however,
seeks to dismantle any progress we have made in achieving energy
independence, and leaves us at the mercy of foreign energy sources.
Many Members have discussed passionately how America needs to
decrease its dependence on foreign energy. In fact, many campaigned on
promises to decrease our dependence. Sadly, this legislation falls
drastically short on those promises. In fact it actually increases
America's dependence on foreign oil. This is a dangerous policy for our
national and economic security.
Many Americans don't know that the U.S. is the world's largest energy
producer. Over the past 25 years we have pumped 67 billion barrels of
oil, and strong reserves remain. The
[[Page 23007]]
fact is the energy sources are there--in Alaska, the Rockies, and
offshore--but political roadblocks keep it in the ground instead of in
use in the economy. Sadly, this legislation restricts our access to our
own energy sources even further.
This energy policy set in place by the Democrat majority lives the
Democrat motto through and through--Tax and Spend. This policy imposes
$15 billion in tax increases. The other side will tell you that these
tax increases will not affect the average hardworking Americans, only
the big evil oil companies. Nothing could be farther from the truth.
The taxes contained in this bill will impede new domestic oil and gas
production, will discourage investment in new refinery capacity, and
will make it more expensive for domestic energy companies to operate in
the U.S. than their foreign competitors, making the price at the pump
rise even higher.
Let's make no mistake, an increased tax doesn't just hurt energy
companies, it hurts every American--individual, farm, or company--that
consumes energy. Increased taxes on energy companies are passed to
consumers. Every American will see these increased costs on their
energy bill. This body shouldn't pass legislation that further raises
energy prices for consumers.
While this legislation increases taxes on traditional oil and gas, it
does not even address some of our most promising domestic alternative
and renewable energy supplies. There is not one thing in this bill that
addressees clean Coal-to-Liquid technologies or nuclear energy. Coal is
one of our Nation's most abundant resources, yet the development of
Coal-to-Liquid technologies is completely ignored by this bill.
Furthermore, this legislation does nothing to encourage the
construction of new nuclear facilities.
Proponents of this legislation will tout how green this bill is;
however, if my colleagues really want to promote green energy they
should encourage the production of more nuclear sites which provide
energy free of CO2 emissions. The rest of the world is far
outpacing the U.S. in its commitment to clean nuclear energy. We
generate only 20 percent of our energy from this clean energy, when
other countries can generate about 80 percent of their electricity
needs through nuclear. It is a travesty that in over 700 pages this
legislation does not once mention or encourage the construction of
clean and reliable nuclear plants. Nuclear energy is the most reliable
and advanced of any renewable energy technology, and if we are serious
about encouraging CO2 free energy use, we must support
nuclear energy.
One of the provisions I am most alarmed about in this bill allows for
individuals to sue the Federal Government for $1.5 million for damages
caused by global warming. I don't know what this has to do with energy
production, but I think this is a dangerous precedent to set. This
language gambles with the hard-earned tax dollars of the American
people that could get lost in frivolous litigation.
I'm also concerned with the potential sweeping implications of the
bill's National Policy on Wildlife and Global Warming. It is nearly
impossible to accurately determine the effects that warming
temperatures might have on wildlife, let alone take measures to
mitigate these effects. The consequences of this section could be as
far reaching as the Endangered Species Act or the National
Environmental Policy Act and could have severe implications for Federal
land management. This does not belong in a so-called energy bill.
I will concede that there are a few, very few, decent provisions in
this bill. I am pleased that the Agriculture Energy programs build on
the 2002 Farm Bill with more focus on cellulosic materials, including
forest biomass and switchgrass. This will help farmers and forest
owners by creating new markets and income opportunities to keep them on
the land. At the same time, greater focus on cellulosic feedstocks can
reduce our reliance on corn for renewable fuels.
With Americans paying close to $3 at the pump, we must diversify our
energy supplies with alternative fuels, including renewable energy from
our farms and forests. Renewable energy is a home-grown solution for
reducing our reliance on foreign-oil, boosting jobs and economies in
rural America, and improving our environment.
However, I am baffled that one of the few programs in this bill that
would lead to increased energy production would contain Davis-Bacon
provisions. Renewable energy plants financed through the loan guarantee
program would be located in Rural America. Rural America simply cannot
afford to pay the artificially inflated wages caused by Davis-Bacon as
urban America can. By including this unfair labor provision we are
putting union interests ahead of efforts to become more energy
independent.
Mr. Chairman, in addition to the lack of real incentives for energy
production in the U.S., this bill is also bad for our Nation's public
forests. The bill guts a program that provides incentives for renewable
energy production from small-diameter materials removed from public
forests to reduce wildfire and insect risk and improve the health of
the forests. With over 5 million acres destroyed by fires and hundreds
of millions of dollars spent fighting them so far this year, we cannot
afford to take away forest management tools from the Nation's public
land managers.
Unfortunately, the bill replaces this program with a Biomass Pilot
Program, which would do everything but encourage use of low value
forest material for energy. On top of this, the bill attaches the
problematic Davis-Bacon provisions to this pilot program.
This legislation does nothing to address the energy concerns of our
country; it only makes the situation worse. This bill is a dangerous
policy for our country. If we really want to make our country energy
independent, this Congress must pass an energy bill that contains
energy. This bill does not. I urge my colleagues to reject this awful
bill; let's start over, and work to find real solutions to the energy
needs facing our country.
Mr. LANTOS. Mr. Chairman, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I yield 2 minutes to my dear friend
from Illinois (Mr. Manzullo). He is the ranking member of our
Subcommittee on Asia, the Pacific and the Global Environment, and he
offered a substitute amendment in the committee to fix the foreign
policy provisions in the legislation before you.
{time} 1245
Mr. MANZULLO. Mr. Chairman, title II of the Democrats' energy
dependence bill seeks to reduce global climate change by spending $1.2
billion to increase Washington bureaucracy.
Instead of debating whether or not global warming exists and, if so,
to what extent, we should all unite behind an effort to combat all
forms of global pollution and promote the sale of U.S. environmental
exports. Then we can spend more time and effort on cleaning up the
environment rather than engaging in partisan disputes.
Nevertheless, as the senior Republican on the Global Environment
Subcommittee, I believe this title is fatally flawed for three main
reasons:
First, it combats air pollution, even though numerous reports and
study show that conflict over access to clean water and contaminated
food is just as important, if not more important, an immediate threat
to the national and economic security. Therefore, we should expand the
scope of it.
The U.N. Development Program's Human Development Report of 2006
states that there is a growing crisis with respect to clean water. This
bill does not address it. And if it is not addressed as a priority
issue, it will inherently lead to greater insecurity around the world.
Secondly, title II grows the size and scope of the Federal
Government, adds more bureaucracies, more programs, more money.
Title II also creates five other new programs or initiatives such as
the new International Exchange Program at a cost of over $1 billion.
Third, title II states that the U.S. should negotiate new binding
greenhouse gas reduction commitments from all major emitting countries
based on their level of development.
In 1997, the other body voted 95-0 against such a commitment because
economic dynamos such as China, India, and Brazil were not included.
Title II also ignores all that our government is doing in the area of
climate change, including spending $37 billion.
Ms. ROS-LEHTINEN. Mr. Chairman, I yield myself the remainder of my
time.
My colleagues have said that the administration had neglected this
issue of low-level bureaucrats. We have an Under Secretary of State, an
Assistant Secretary of State, and a Special Representative at the
Department of State, all engaged in global climate diplomacy. I would
say that we have been quite involved.
Mr. Chairman, I yield back the balance of my time.
Mr. LANTOS. Mr. Chairman, I yield back the balance of my time.
[[Page 23008]]
Ms. VELAZQUEZ. I yield myself such time as I may consume.
Mr. Chairman, I rise today in support of H.R. 3221. I am proud to
sponsor this legislation as it moves this country closer toward energy
independence amidst the needs of this Nation's entrepreneurs.
Small businesses are dramatically impacted by rising energy costs.
According to a recent study conducted by the National Small Business
Association, 93 percent of small business owners anticipate negative
consequences to their businesses because of higher energy prices.
This bill includes numerous measures to help small businesses cope
with these challenges. Many of these provisions offered by Mr. Shuler
of our committee were designed to address the entrepreneurs' role not
only as consumers but also as suppliers of energy.
It contains key initiatives to increase energy efficiency. With
enhanced loan guarantees and lower fees on Small Business
Administration loans, more small businesses will be able to purchase
energy efficient technology.
The bill also requires the SBA to develop a national strategy for
educating small firms about energy efficiency.
H.R. 3221 will encourage the creation of new energy efficient
technologies and increase production of renewable fuels. Small
businesses are the primary leaders in renewable fuels sectors, already
making up more than 75 percent of biofuel producers. It creates private
equity investment companies specifically for the purpose of funding
renewable fuel production.
This legislation is the giant step forward in increasing the supply
of energy while also creating smart usage. By voting for this bill, we
can reduce energy usage and greenhouse gas emissions, all while making
sure our economy is moving in the right direction.
I commend the leadership on this important bill, and I urge its
immediate passage.
I reserve the balance of my time.
Mr. CHABOT. Mr. Chairman, I claim the time on the minority side and
yield myself such time as I may consume.
In recent years, it has become painfully clear that America is far
too dependent on foreign oil. We import nearly two-thirds of the oil we
consume. With gas prices in my district back in Cincinnati and
throughout the country hovering around $3 a gallon, it is important for
Congress to continue exploring ways that we can produce more energy
domestically rather than relying on oil from the volatile Middle East
or from Nigeria or Venezuela or other unstable areas in the world. In
fact, according to the Government Accountability Office, Americans paid
$38 billion more for gasoline in the first 6 months of last year than
they paid during the first 6 months of the previous year. That is just
unacceptable.
It is critical that we adopt a diversified and balanced energy
strategy to become more self-sufficient. The Energy Policy Act of 2005,
passed when the current minority was actually in the majority, took
significant steps in that direction.
For example, we must increase our production of traditional fuel such
as oil and natural gas, and strengthen conservation and efficiency
efforts.
It is also important to provide incentives for the research and
development of promising new technologies such as, for example,
hydrogen fuel cells.
And, renewable energy, the vast majority of which is produced in our
Nation's rural communities, is serving an important role in meeting
America's energy needs. Biofuels have the potential to help wean
Americans off foreign oil and to provide an economic boost for farmers
and rural communities.
The potential should have fostered a serious and long overdue debate
about reforming our Nation's agriculture policy which, in my view, with
its subsidies and tariffs is in dire need of reform. Unfortunately, the
farm bill that this new majority passed just this last week will cost
$286 billion over the next 5 years, with billions in subsidies, price
guarantees, and direct payments going to large agra businesses that
already stand to benefit from increased market opportunities for
renewable fuels.
This energy bill only exacerbates the problems which will be made
worse by the farm bill that was passed last week. It authorizes the
creation, for example, of government-backed venture capital firms to
invest in renewable and biofuels enterprises under a new program at the
SBA, the Small Business Administration. Nothing prohibits the existing
small business investment companies, which are backed by the Federal
Government's full faith and credit, from investing in companies that
are involved in biofuels and renewable energy already.
To compound matters, this so-called energy bill before us today even
authorizes the SBA to fund the development of business plans for these
venture capital programs. There is nothing to demonstrate that a market
failure exists in the development and construction of such facilities.
As a result, I see no reason to provide further incentives through the
creation of a totally new program at the Small Business Administration.
We are just growing government. I would urge my colleagues to oppose
this bill.
I yield 2 minutes to the gentleman from Texas (Mr. Burgess).
Mr. BURGESS. I thank the gentleman for yielding.
I am on the Committee of Energy and Commerce, but because of the
restrictions of time for this very important bill, I appreciate him
giving me time off the Small Business Committee's timeline.
Mr. Chairman, I come to the floor of the House to actually educate
Members about some stuff that is in this bill of which they may not be
aware. I had an amendment in subcommittee and full committee, and the
again yesterday in the Rules Committee that was not made in order. But
this amendment deals with the timeline that is going to outlaw the
incandescent bulb in this country by 2012. That means, for the current
time, you will be using one of these for your light bulbs at home, a
compact fluorescent bulb. Perhaps a good idea. They last a long time,
they consume less energy; but, Mr. Chairman, they also contain mercury,
about 5 milligrams per light bulb.
What is the problem with that? The problem with that is these light
bulbs can break. And if they do, what does the Environmental Protection
Agency recommend? It recommends you open the window and leave the room
for 5 minutes. It recommends that you double-bag your vacuum cleaner
bag to pick up all the parts you can without vacuuming, and when you do
vacuum put the vacuum cleaner bag in a double plastic bag and send it
only to a landfill that accepts mercury. A pretty onerous burden to put
upon the taxpayers of the United States.
But the real concern that I have is that we have locations in this
country where we have vulnerable populations that are difficult to
move: a nursery in a hospital, a daycare center, a nursing home with
nonambulatory patients. If you break a compact fluorescent bulb in one
of those locations, you are in for big trouble. You have got to move 20
children who are in a nursery before 15 minutes time is up? Most
nurseries that I worked in, in hospitals, don't even have a window to
open. So how are you going to comply with those EPA guidelines?
The fact of the matter is, my amendment would have had language that
said: no nursery, hospital, nursing home is compelled to use a compact
fluorescent bulb where the population might be vulnerable if there were
the escape of mercury out into the environment.
Unfortunately, the House Speaker, the House leadership did not want
that amendment made in order. We now all have these in our offices over
in the Longworth Building. I know I found two. I wasn't told that they
were being put in the office.
People need to know, they need to be aware that there are very
specific guidelines that deal with the breaks of these bulbs, and it is
important that they not be compelled to be used in nurseries or with
vulnerable populations.
Ms. VELAZQUEZ. Mr. Chairman, I reserve the balance of my time.
Mr. CHABOT. Mr. Chairman, I yield such time as we have remaining to
the gentleman from Pennsylvania (Mr. Peterson).
[[Page 23009]]
The Acting CHAIRMAN (Mr. Pastor). The gentleman from Pennsylvania is
recognized for 2 minutes.
Mr. PETERSON of Pennsylvania. Small business is the future of
America. One of the greatest threats to small business in this country
is energy prices, the transportation of their goods and the heating of
their factories and the use of clean green natural gas in the
manufacturing process. It is 55 percent of the chemical business; it is
45 percent of the polymers and plastics business. They use it as an
ingredient; they use it as a fuel. It is 70 percent of nitrogen
fertilizer. And one-half of our corn is going to be grown this year
with fertilizer from foreign countries because natural gas prices in
America are the highest in the world.
The natural gas supply in this country is in crisis. Twelve years
ago, we opened it up for an unlimited amount of producing electricity.
Now 20-some percent of our electricity is made with natural gas. But we
refuse as a country, we refuse as a Congress to open up the Outer
Continental Shelf where we have an abundant supply.
How many countries do what we do? There is no one in the world that
doesn't produce energy, both gas and oil, on their Outer Continental
Shelf. We all talk about Brazil's energy independence. Yes, ethanol was
a piece; but they opened up their Outer Continental Shelf.
There has never been a gas well that polluted a beach. There has
never been a gas well that polluted anything. Clean green natural gas
should be a part of this bill; one-third of the CO2, no
NOX, no SOX. It is a clean energy. And as a
country, we refuse to use it. How blind can we be?
It is interesting in this bill, we talked about carbon in the last
segment. The other two carbon free, we are doing nothing with hydro, we
are doing nothing with nuclear, carbon free. I am for all these
renewables, but they are a fraction. Twelve hundredths of 1 percent of
our energy is wind; and if we double it, we are now 24/100ths of 1
percent.
Folks, I am for all of those, but clean green natural gas is our
bridge to get to those. Open it up.
Mr. CHABOT. Mr. Chairman, I yield back the balance of my time.
Ms. VELAZQUEZ. I yield back the balance of my time.
Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume
in discussion of this bill.
I rise in support of the bill and to discuss title VI, the Carbon
Neutral Government Act. This title would make our government the world
leader in addressing global warming, and it would make government
operations dramatically more energy efficient.
The Committee on Oversight and Government Reform passed this act on a
bipartisan voice vote. To make a difference on global warming, we must
be bold and realistic at the same time.
{time} 1300
The Carbon Neutral Government Act strikes this balance. It sets the
ambitious goals that we know are necessary to avoid dangerous global
warming. Scientists say we need to cut greenhouse gas emissions by 80
percent by 2050. This legislation asks the Federal Government to lead
the way by reducing emissions to meet annual targets and achieve carbon
neutrality by 2050.
The Act also has energy efficiency measures to help agencies achieve
these goals, drive technology, and save taxpayers dollars. It requires
government vehicles to be low-greenhouse-gas-emitting vehicles. It sets
ambitious but achievable goals to increase the energy efficiency of
Federal buildings, and it strengthens the requirement for agencies to
procure energy efficient products.
With this Act, the government will use its leadership and its
purchasing power to promote a more vibrant and cleaner economy.
I urge support for the legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as
I may consume.
H.R. 3221, a 786-page energy bill introduced by the Speaker this
week, contains a major restructuring of our Nation's energy policies. I
come to the floor today to talk about the specific title of the bill,
title VI, which promotes energy efficiency by our Federal Government.
That is the jurisdiction which our Government Reform Committee wrote.
Title VI of H.R. 3221 is known as the Carbon Neutral Government Act.
It was marked up by the Oversight and Government Reform Committee as
H.R. 2635 in June. After exhaustive discussions and negotiations with
Chairman Waxman and his able staff, the committee approved the
legislation by a voice vote. The committee put in a lot of work, and I
very much appreciate the chairman's efforts to reach out and compromise
with us.
The provisions in the Carbon Neutral Government title represent a
bold effort to put the Federal Government in the forefront and in a
leadership position with regard to mitigating the buildup of carbon
dioxide in our atmosphere.
I agree with my colleagues on the other side of the aisle that the
Federal Government must be proactive and take an aggressive leadership
role in mitigating the harmful effects of climate change. To that end,
the legislation would establish ambitious goals for the government's
use of renewable fuels, energy efficient automobiles, and energy-
efficient buildings, ``green'' buildings.
More specifically, this legislation would mandate that the Federal
Government's greenhouse gas emissions be reduced to zero by the year
2050. The Federal Government is the largest energy consumer in the
world and is currently responsible for emitting 100 million metric tons
of carbon dioxide annually. Meeting this goal of zero net emissions
will be a significant step in the direction of minimizing greenhouse
gas emissions and correspondingly reducing our impact on climate
change.
Moreover, I concur with Chairman Waxman and others that setting and
meeting these ambitious standards will accelerate the pace of
development and adoption of technologies that will be critical to
addressing climate change in the U.S. and worldwide.
That being said, we still have some reservations about the specific
provisions in the bill.
There is a provision in title VI of the bill with the seemingly
nebulous title of ``judicial review,'' more popularly referred to as
the ``citizen enforcement provision.'' This provision would allow
individuals to sue Federal agencies for failing to comply with carbon
reduction goals called for in the legislation. To make matters worse,
the provision allows plaintiffs to collect potentially millions of
dollars in damages and attorneys' fees regardless of whether they can
demonstrate any actual harm to themselves.
I appreciate the gentleman from California's working with us on this
language and putting appropriate caps, and that makes the legislation
amenable to myself. We have other Members who still have concerns.
Another concern I have in this legislation sets the government up to
fail.
I mentioned earlier that title VI contains many laudable goals with
respect to reducing carbon dioxide emissions by the Federal Government.
But while eliminating all greenhouse gas emissions by the Federal
Government in a few decades sounds great, in reality, this goal is
going to be very difficult to achieve.
As this bill moves forward, I trust we will be able to move away from
the rhetoric. We need to identify realistic goals that our Federal
Government can meet and achieve and look for ways that we can achieve
it.
Which raises a final concern: If you set unrealistic goals and then
arm potential plaintiffs nationwide with the power to sue the
government for failing to meet these goals, agencies will have little
choice but to divert scarce resources away from their critical agency
missions in order to ensure adequate funding to support the carbon
emissions requirement.
While the majority included a provision at our request stating that
agency plans on reducing greenhouse gas emissions must be ``consistent
with the
[[Page 23010]]
agency's primary mission,'' I am concerned that we need some work to
ensure that agencies continue to place primary importance on their
underlying responsibilities to serve the American people.
As great a threat as global warming is, the Federal Government also
needs to carefully balance taxpayer dollars on reducing emissions at
the expense of shortchanging other priorities such as health care,
education, and national defense.
Mr. Chairman, I have limited my remarks to discuss only title VI of
this legislation, the Carbon Neutral Government Act, and I again want
to congratulate Chairman Waxman for working with us on this provision.
I believe this legislation could go far in terms of striking the
balance between making the Federal Government ``greener'' and devoting
limited resources toward providing needed resources to the American
public. But as we work our way through the legislative process, we want
to continue to be engaged and address some of the concerns that we have
identified.
I do have more serious concerns about other provisions in the broader
energy bill put forward by the majority and, unfortunately, therefore,
regret that I may not be able to support the energy bill before us
today, depending on the outcome of some of the amendments.
Mr. Chairman, I reserve the balance of my time.
Mr. WAXMAN. Mr. Chairman, I wish to yield 1 minute to my colleague,
the gentlewoman from California (Ms. Solis).
Ms. SOLIS. Mr. Chairman, I would like to rise in strong support of
H.R. 3221, title I, the Green Jobs Act.
I am here to tell you that we have a shortage of technically skilled,
trained workers to get into these high-tech jobs and green-collar jobs.
We think that all Americans should be able to participate.
This bill will allow for 3 million workers here to be able to enjoy
this kind of training and advancement. We would open up the doors in
our communities of color, those that are disadvantaged. We would allow
for community colleges, vocational education, and labor-intensive
apprenticeship programs to be a vehicle to help enhance this workforce
that is so direly needed in our country.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 1\1/2\ minutes to
Mr. Issa, the ranking member on the Energy Subcommittee.
Mr. ISSA. Mr. Chairman, I am shocked. I'm shocked that this bill and
this process is going forward.
When we marked this bill up in the Committee on Government Reform, I
was positive that it could not possibly go forward without the section
on citizen enforcement being amended, reformed, or eliminated. And yet
I am here today not only finding out that it is still in the bill but
of the Rules Committee having had the audacity to not even allow it to
be considered for amendment.
Mr. Chairman, this piece of legislation is a license for an unlimited
amount of suits against the government by the extreme environmental
groups. In fact, this bill pays a $75,000 bounty on top of unlimited
legal fees to anyone who sues the government even if, in fact, that
suit is based on this body's failure to act. Yes. Lawyers will be
telling us, by suing us, that we must do more, and there will be no
controls. They can sue in all 92 locations around the country. They can
sue for any reason. We will have to pay the bill. When they lose, too
bad. When they win, they get paid for taking from us not only 100
percent of their legal fees but $75,000 on top of that.
This is a license for America to be held hostage by the trial
lawyers. It was deliberate. It was slipped through the committee. They
said it was going to be fixed. In fact, nothing has been fixed; and we
have been prevented from having an amendment on the House floor. This
is undemocratic, and the Democrats know it.
Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
This provision was a topic for discussion in our committee, and we
did try to accommodate some of the current concerns expressed to us. I
just want to point that out to my colleague from California.
This is obviously a dynamic process, the legislative process. As we
move forward, certainly we are open to further discussion. But I think
your case was a bit overstated, and I think that we attempted to meet
some of your concerns. If we haven't fully done that, we will continue
to discuss it.
Mr. TOM DAVIS of Virginia. Mr. Chairman, will the gentleman yield?
Mr. WAXMAN. I yield to the gentleman from Virginia.
Mr. TOM DAVIS of Virginia. Mr. Chairman, our concern is that Mr. Issa
would have liked to have put this to the floor and at least have given
the floor an opportunity to have addressed these issues for the whole
House. We very much appreciate the chairman's concern.
Mr. WAXMAN. I can appreciate that. And the Rules Committee has to
decide what amendments to make in order or not, and I can see why the
gentleman feels aggrieved that he didn't have a chance to offer a
further amendment.
Mr. Chairman, I continue to reserve the balance of my time.
Mr. TOM DAVIS of Virginia. Mr. Chairman, how much time do I have
remaining?
The Acting CHAIRMAN. The gentleman from Virginia has 1 minute
remaining.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield the balance of my
time to the gentleman from San Diego (Mr. Bilbray).
Mr. BILBRAY. Mr. Chairman, in San Diego County today, the consumers
are paying over $3.50 for gasoline, and people point fingers at the oil
companies when, in fact, Washington, DC, has mandated that we put in
our gasoline corn-based ethanol that costs $4 a gallon. And considering
that you need 1\1/2\ gallons of ethanol to equal the mileage you get
with gasoline, that equals $6 a gallon that is mandated by the Congress
of the United States for a product that not only is driving up the
price of gasoline but is polluting our air, as identified by the Air
Resources Board of California.
Now, if you are a constituent that is making money off of corn-based
oil, that's fine. But do not allow anyone who claims to be an
environmentalist and claims to be a consumer in California to support
the corn-based ethanol proposal here.
I do not agree with Mr. McCain of Arizona very often, but, as quoted
by Mr. McCain all the way back in 2003, he stated that the corn-based
ethanol mandate that Congress is perpetuating on the United States is
highway robbery perpetuated on the American people by Congress.
Please let's eliminate the corn-based mandate, save the environment,
and save the consumers.
Mr. WAXMAN. Mr. Chairman, I want to concur with the statement from my
colleague, Mr. Bilbray, on his concerns because I share those concerns.
It is not before our part of the legislation, but I do share many of
the concerns he has raised from a California perspective by the mandate
of ethanol.
Mr. Chairman, I have no further requests for time on the Oversight
and Government Reform sections of this bill, and I yield back the
balance of my time.
Mr. GENE GREEN of Texas. Mr. Chairman, the energy package before us
today--H.R. 3221 and H.R. 2776--includes legislation passed by eleven
House committees with the goals to address global warming and America's
``energy independence.''
H.R. 3221 includes bills I supported in the Energy and Commerce
Committee on which I serve. The Energy and Commerce Committee bills
will improve the Nation's energy efficiency, develop a ``smart''
electricity grid, improve the Department of Energy's Loan Guarantee
program, increase the availability of renewable fuels, and encourage
the development of advanced technology vehicles and components.
I do have reservations about Title VII, the Natural Resources
Committee provisions, which would scale back and repeal several
important provisions of the Energy Policy Act of 2005 that help
encourage new domestic production of oil and natural gas.
While I have reservations with these provisions, I appreciate the
efforts of House Leadership for bringing together several Members
[[Page 23011]]
of Congress that represent energy-producing Districts to review and
improve the legislation. While not perfect, we reduced agency
timeframes to approve or reject drilling permits and coastal energy
projects, as well as removed provisions that would delay energy
corridors and eliminate the royalty-in-kind program.
While I intend to support H.R. 3221, I will oppose the Renewable
Electricity Standard. We should encourage states to produce more
electricity from renewable sources; the question is whether a ``one-
size-fits-all'' Federal mandate is the best way to accomplish this
goal, which could raise electricity rates for Texas consumers.
I will oppose H.R. 2776--a $15 billion tax package--because it
includes additional provisions above those carefully negotiated in H.R.
6, the CLEAN Energy Act. While it includes important renewable energy
provisions, we cannot keep taxing American's energy industry and expect
to have adequate supplies of energy.
The Energy Information Administration predicts that natural gas, oil,
and coal will compromise approximately the same share of our total
energy supply in 2030 that they did in 2005, even with new investments
in renewable sources of energy.
This large increase in new taxes targeted at the U.S. energy industry
could reduce our Nation's energy security by discouraging new domestic
oil and gas production, discouraging new investments in refinery
capacity, and actually tilting the competitive playing field for global
energy resources against U.S. based oil and gas companies.
As we move forward in this Congress, I hope the House of
Representatives will address America's need to produce additional
domestic energy, both conventional and renewable, to ensure the
reliability and affordability of our Nation's critical energy supplies.
Mr. WELDON of Florida. Mr. Chairman, I rise to express my concerns
about the bill before us (H.R. 3221 and H.R. 2776). While there are a
number of good provisions in the bill, including the incorporation of
several renewable energy provisions from legislation that I have
cosponsored, these bills also contain seriously objectionable
provisions.
As a member of the House Renewable Energy Caucus I am supportive of
many of the renewable energy provisions in the bill. I have been very
supportive of securing funding for solar and hydrogen energy research
nationally and in my congressional district.
I also believe that conservation is important and am pleased that
several important conservation provisions are included in the bill.
Certainly conservation remains an important part of meeting our future
energy needs and energy independence. I am disappointed, however, that
while pursuing conservation initiatives this bill takes unnecessary
steps that hamper our Nation's domestic energy production.
I am disappointed that this bill not only does very little to enhance
domestic energy production but is counterproductive in that it takes a
number of steps that will raise the cost of energy on the American
people and American businesses. One provision in the bill will cost
Florida consumers alone, over $4 billion. Furthermore, through its
restrictions and higher taxes on domestic production of fossil fuels,
this bill will result in increased imports from overseas.
At this time when American consumers and businesses are being taxed
due to higher energy prices the Democrat bill that is being brought to
the House floor will actually exacerbate this problem. It is also
troubling that the Democrats have denied Members of the House the
opportunity to offer and discuss over 100 amendments that they filed to
this bill. Furthermore, of the 23 amendments that were allowed to be
considered under the Democrat rules only five of them were offered by
Republicans. The American people deserve better.
This bill: Locks up additional reserves so that we cannot extract oil
and natural gas;
Raises taxes on domestic energy suppliers--giving foreign oil and gas
producers a competitive edge over U.S. producers; and
Raises the costs of all energy projects undertaken in this bill--
costing billions of dollars--by applying Davis-Bacon wage requirements
for any energy project undertaken through this bill.
Additional specific provisions in the bill that will do nothing to
increase domestic energy supplies and in fact increase energy costs for
the American people include:
A $15.3 billion in tax increase on domestic fossil fuel producers;
Sunsetting tax credits for refined coal at the end of 2008;
Banning natural gas drilling for 4.2 trillion cubic feet of natural
gas in the Roan Plateau in Colorado;
Applying Davis-Bacon (union wage) requirements to all projects
resulting from the tax credit bonds authorized under this bill--raising
labor costs on such projects by 20 percent-30 percent;
Giving New York City $2 billion to use for any transportation project
of their choosing--the Chairman of the Committee represents New York
City;
Phasing out the tax credit for hybrid vehicles after more than 60,000
of them have been sold--discouraging further production and purchase of
the most popular hybrid vehicles;
Raising taxes on oil and gas companies for the costs of oil and
natural gas exploration;
Restricting the tax credit on biodiesel produced in the U.S.;
Creating a $1 billion foreign aid program for energy efficiency
programs in developing countries;
Allowing individuals to sue the Federal Government for damages caused
by global warming;
Giving bureaucrats a longer time period in which to approve oil and
gas drilling permits;
Imposing Federal building energy codes on States;
Permanently authorizing the expenditure of $125 million a year for a
grant program;
Creating a new global warming bureaucracy in the U.S. Department of
State that will cost American taxpayers $750 million;
Putting the government in the role of picking winners and losers
which leads to serious inefficiency;
Directing the U.S. Government to negotiate costly global warming
treaties with developed countries--leaving developing countries like
China and India free from such costly mandates on their competing
industries;
Cutting $1.2 billion from agriculture producers and shifts it to
already subsidized biodiesel companies;
Spending an unlimited amount of money on a cap-and-trade program
whereby Federal agencies can purchase greenhouse gas emission offsets--
already proven to be very expensive for consumers in Europe;
Making it more difficult to develop oil and gas on Federal lands by
closing down Bureau of Land Management offices;
Slowing the Environmental Protection Agency, EPA, tar sands leasing
program; and
Including dozens of additional costly mandates on businesses and
individuals that are essentially hidden taxes.
It is no wonder that this bill is opposed by a host of organizations,
including businesses, seniors, and energy organizations. This bill does
little to relieve the high energy costs that consumers and businesses
are paying today, and in fact; it raises the cost of energy for
consumers, businesses, State governments, and the Federal Government.
This bill does nothing to enhance our access to oil and natural gas. It
does nothing to enhance the development of clean coal technology--a
supply of which we could meet our nation's energy needs for the next
200 years. The bill does nothing to enhance our use of nuclear energy--
a source of energy that produces zero greenhouse gases.
It is important that we not view this bill in a vacuum. We must
consider it along with other steps the current Democrat majority has
taken that hamper our ability to move toward energy independence.
Earlier this year the Democrat majority voted to prohibit the
Department of Interior from issuing oil shale leases in Utah and
Wyoming. They defeated an amendment that would have permitted offshore
drilling. They voted to shut down the state of Virginia's plan to allow
for drilling solely along their own coast. They voted against allowing
drilling for oil in a small portion of the Arctic National Wildlife
Refuge, ANWR, which has oil deposits large enough to replace our
imports from Saudi Arabia.
I urge that this bill be rejected and that provisions that hamper our
energy independence be removed. The President has said that he will
veto this bill because it ``would lead to less domestic oil and gas
production, higher energy costs, and higher taxes . . .''
Higher energy costs for American consumers will tax the family budget
and will jeopardize American jobs by making it more difficult for
American businesses to compete in an increasingly competitive
international marketplace.
Mr. VAN HOLLEN. Mr. Chairman, I am pleased to rise today as an
original cosponsor of the New Direction for Energy Independence,
National Security and Consumer Protection Act of 2007 and the Renewable
Energy and Energy Conservation Tax Act of 2007. Taken together, this
comprehensive energy package represents a long overdue course
correction and new vision for energy policy in the United States.
Today, the House Democratic Leadership makes good on its commitment
to redirect
[[Page 23012]]
wasteful subsidies away from our already highly profitable oil and gas
companies towards the renewable energy and energy efficiency
technologies of the future. These new investments will significantly
enhance our ability to combat global climate change, reduce our
dependence on foreign oil, generate millions of new jobs and save
consumers and businesses hundreds of billions of dollars over the next
25 years.
This package calls on the U.S. to reengage in the global effort to
reach a binding global warming agreement. It reduces carbon dioxide
emissions by 10.4 billion tons through 2030, more than the total
tailpipe emissions from all the cars on the road today. It moves
aggressively towards the development of carbon sequestration in order
to mitigate the impact of the fossil fuels we will continue to use. And
it asks the Federal Government, the largest single energy consumer in
the country, to lead the way by becoming carbon neutral by 2050.
To begin the necessary process of weaning ourselves off foreign oil,
we make an historic investment in biofuels, with opportunities for
feedstock contributions from every region of the country. We provide
grant funds for alternative fuel vehicles and additional support for
service stations offering E-85 ethanol. And we help farmers deploy
technologies like wind, solar and biomass to further distribute
renewable energy production and revitalize rural America.
This legislation is a pro-innovation, job-creation machine. It
increases loan limits for small businesses engaged in clean energy
technology. It funds high-risk, high-payoff renewable energy research
at the Department of Energy. And it includes worker training programs
in areas like solar panel manufacturing and green building construction
to ensure that our citizens are fully prepared to participate in the
green workforce of the future. The payoff? An estimated 3 million jobs
over the next 10 years.
The energy efficiency provisions in this legislation alone are
estimated to save consumers and businesses a staggering $300 billion
through 2030--demonstrating once again that the cheapest kind of energy
is the kind you never have to use.
On the tax side, we extend the renewable production tax credit
through 2013 to eliminate the planning and market uncertainty
associated with the two-year extensions of the past. We expand
manufacturer tax credits for energy efficient appliances and extend the
current deduction for energy efficient commercial buildings. In an
effort to allow States and localities to innovate and tailor clean
energy solutions to the specific needs and opportunities of their
jurisdictions, we provide new bonding authority for renewable energy
and energy efficiency projects--providing my home State of Maryland
with an allocation of $111 million to tackle these issues at the local
level. And we finally do away with the infamous ``Hummer Loophole''
that has perversely subsidized the purchase of the most polluting,
least efficient vehicles for far too long.
Mr. Chairman, along with Mr. Udall, Mr. Platts and several of my
other colleagues, I will also be offering an important bipartisan
amendment today to establish a Renewable Electricity Standard for the
United States. Renewable electricity standards aren't new. Twenty-three
States and the District of Columbia already benefit from them. The
European Union has set a goal of 22 percent renewable electricity
generation by 2010. By contrast, the RES amendment we will be offering
today proposes the substantially more modest goal of 15 percent
renewable electricity production by 2020, of which 4 percent can be
achieved through energy efficiency. Above and beyond the underlying
bill, adopting this RES amendment is the single most important step
this House can take today to address climate change, promote energy
independence, create hundreds of thousands of good paying jobs and save
American consumers billions of dollars on their future energy bills.
Additionally, I will also be offering a noncontroversial amendment to
H.R. 3221 that would add a sixth policy option for States to consider
in Title IX of the underlying bill. This language is intended to
complement the existing residential energy efficiency incentives
provided throughout the rest of the legislation by asking States and
utilities to partner with us to promote the use of home energy audits,
educate homeowners about the financial and environmental benefits
associated with residential energy efficiency improvements and
publicize the availability of Federal and State incentives to make
residential energy efficiency improvements more affordable. In short,
this amendment represents a voluntary, commonsense way to drive
consumers towards the incentives we are hoping they will use--and I
encourage my colleagues' support.
Finally, by the time we finish this legislation, I believe it is
critical that we enact aggressive ``smart grid'' policies that create
incentives to modernize the electric grid, something that is decades
overdue. Smart Grid reduces CO2 emissions by 25 percent and
electricity usage by 10 percent according to the Department of Energy,
DOE, and the Electric Power Research Institute, EPRI. By utilizing
intelligent tax depreciation policy, and by modernizing existing DOE
programs, we can immediately incentivize modernization of the electric
grid and see the corresponding energy and environmental improvements.
Mr. SMITH of New Jersey. Mr. Chairman, the U.S. Congress has an
obligation to work to ensure a healthy and safe environment for the
benefit of current and future generations. To reduce our dependence on
fossil fuels and achieve a healthier environment, we need a multi-
faceted approach that addresses broad spectrums of inter-related issues
and fosters both energy independence and clean energy reliance.
As a cosponsor of various global warming reduction initiatives, I
urge my colleagues to support today's legislation, H.R. 3221, a
comprehensive plan to combat global warming, provide national security
by reducing dependence on foreign oil, help to better protect our
natural wildlife, and offer international assistance to developing
countries to promote clean and efficient energy technologies.
Among its many good provisions, I am pleased that H.R. 3221 includes
the full text of legislation that I, along with Foreign Affairs
Chairman Tom Lantos sponsored--H.R. 2420, The International Climate
Cooperation Re-engagement Act of 2007. The Lantos-Smith bill was
approved and reported from the Foreign Affairs Committee in May and is
now Title II of H.R. 3221, the underlying bill before us today.
It is no secret that climate change has a disproportionate impact on
the vulnerable, poor populations in our world. Accordingly, the Lantos-
Smith provisions of H.R. 3221 are designed to push and assist
developing countries as they seek to implement positive renewable
energy practices. Specifically, these provisions authorize $1 billion
over five years to provide U.S. aid to support the overall purpose of
reducing greenhouse gas emissions. The monies can also be used to
increase institutional abilities to provide energy and environmental
management services including outreach programs for India and China--
two of the world's largest emitters of greenhouse gases. The bill also
authorizes trade missions, programs to strengthen energy research and
educational exchange, and an interagency working group to support a
Clean Energy Technology Exports Initiative. These provisions are an
important aspect of creating local, sustainable capacity and will
complement well other program goals of our foreign assistance.
Another vital provision found in Title II of today's legislation is
similar to one that I proposed over 17 years ago to create an office,
ideally within the State Department, with the sole mandate of working
with foreign countries and others to mitigate the international impact
of global climate change. During my tenure in Congress, I have
witnessed how the designation of an office within the State Department
has bolstered efforts on a single critical issue with notable results
within a short time period. This has been the case, for example, with
the Office to Monitor and Combat Trafficking in Persons as created by
P.L. 108-193, my legislation the Trafficking Victims Protection Act.
Similarly, I know that the establishment of an Office on Global Climate
Change at the ambassadorial level within the State Department as
provided for in H.R. 3221 will demonstrate to the world that the United
States is targeting needed resources to address this challenge and is
completely engaged in the worldwide fight against global warming.
Title II of H.R. 3221 also creates an International Clean Energy
Foundation to serve the long-term foreign policy and energy security
goals of reducing global greenhouse gas emissions. The foundation will
be charged with promoting programs that serve as models for
significantly reducing emissions through clean and efficient energy
technologies, processes and services. The creation of the International
Clean Energy Foundation promises to add a particularly effective tool
in our arsenal against adverse climate change.
Mr. Chairman, global warming continues to be one of the most pressing
environmental concerns in the world today. Given sea level rise, the
increasing severity of storm surges and continued warming temperatures,
the impact of global climate change is undeniable. Unless we act now--
the future posseses an even greater threat to our way of life on this
planet.
With its incorporation of H.R. 2420, H.R. 3221 represents an
important step--both domestically and internationally--in reducing our
[[Page 23013]]
dependence on fossil fuels and promoting 21st century clean energy
solutions. Legislative action by this Congress to promote investment in
renewable energy development, availability and implementation will help
ensure a healthy environment. I urge my colleagues to support H.R.
3221.
Mr. UDALL of Colorado. I strongly support this amendment. . . .
I'd like to thank my cousin, Representative Tom Udall, as well as
Representative Platts and the rest of our colleagues who have worked so
hard to push forward a renewable electricity standard. Speaker Pelosi
also deserves our deep gratitude for her support and for working side
by side with us during these last few weeks. We all understand the
importance of this critical amendment, and I'm proud to have been a
longstanding part of this great effort as it culminates in a vote
today.
As demand for energy continues to grow in this country, we need to
make sure that we continue to have affordable and reliable supplies.
And, most importantly, as we move to more competition in the delivery
of electricity, we must make sure that the environment and consumers
are protected.
So it makes sense to put incentives in place to ensure that less
polluting and environmentally friendly sources of energy can find their
way into the marketplace. And that's what a renewable electricity
standard, or RES, would help to do.
But it's not just about doing the right thing for the environment.
With almost all new electricity generation the last decade fueled by
natural gas, our domestic supply cannot sustain our needs. Iran,
Russia, and Qatar together hold 58 percent of the world's natural gas
reserves. As demand for power continues to grow, we shouldn't be forced
to rely on these unstable regions to sustain our economy, nor do we
have to.
The best way to decrease our vulnerability and dependence on foreign
energy sources is to diversify our energy portfolio. Half of the States
in our great Union have already figured this out and have made the
commitment to producing a percentage of their electricity using
renewable energy. But all of our States will benefit under a national
standard, which will bring natural gas costs down nationwide, create
new economies of scale in manufacturing and installation, and offer
greater predictability to long-term investors.
The Udall-Platts amendment requires utilities nationwide to produce
15 percent of their electricity using renewable energy sources by 2020.
The amendment also allows up to 4 percent of that 15 percent
requirement to be met with energy efficiency.
The amendment's definition of renewables is broad, including
biomass--cellulosic organic materials; plant or algal matter from
agricultural crops, crop byproducts, or landscape waste; gasified
animal waste and landfill gas, or biogas; and all types of crop-based
liquid fuels. It includes incremental hydropower; solar and solar water
heating; wind; ocean, ocean thermal and tidal; geothermal; and
distributed generation. The amendment also allows energy efficiency to
make up 27 percent of a utility's targeted requirement. Every State has
one or more of these resources.
The Udall-Platts amendment saves consumers billions of dollars. By
reducing the cost of new clean technologies and making them more
available, it will help restrain natural gas price increases by
creating more competition for those fuels.
The Udall-Platts amendment will spur economic development in the form
of billions of dollars in new capital investment and in new property
tax revenues for local communities, and millions of dollars in new
lease payments to farmers and rural landowners.
Not least, the Udall-Platts amendment will reduce air pollution from
dirty fossil-fueled power plants that threaten public health and our
climate.
The amendment does not burden some regions of the country at the
expense of others, as the utilities would have you believe. It creates
public benefits for all.
The argument that the Southeast is disadvantaged by the RES--that the
Southeast has no renewable resources--ignores the plain truth. In fact,
the Southeast is one of the regions of the country that will see the
most benefit from this proposal. According to Department of Energy's
Energy information Administration, the technology that does best under
a 15 percent RES is biomass. Already, 2500 megawatts of generation come
from biomass in the Southeast, and much of the waste from pulp and
paper mills is not being used to generate electricity.
The Udall-Platts amendment gives States flexibility in achieving the
standard.
Under the amendment, states can borrow credits against future
renewables generation--for up to three years as long as they are repaid
by 2020, which means the effective start date can be delayed and
facilities ramped up more slowly.
The amendment gives three renewable energy credits for each kilowatt
hour of power generated at on-site eligible facilities used to offset
part or all of the customer's requirements. This means solar, small
wind, and other distributed energy generation sources used in
residential and business locations can earn triple credits.
The amendment also returns money to the States from alternative
compliance payments for State weatherization programs, low-income
energy assistance programs, and for encouraging the installation of
additional renewables.
The amendment also lowers the initial target date for 2010 to 2.75
percent and makes the escalation to 15 percent more gradual so that
utilities have more time to ramp-up renewable energy sales.
In summary, this renewable electricity standard will reduce harmful
air and water pollution, provide a sustainable, secure energy supply
now, and will create new investment, income and jobs in communities all
over the country.
It is good for the environment, good for the economy, and good for
our country. I strongly urge its adoption.
Mr. GRIJALVA. Mr. Chairman, I rise today in support of H.R. 3221.
This bill is a package of important provisions that will move our
energy and climate policies toward a more sustainable future. I
strongly urge my colleagues to support this legislation.
One of the highlights of this bill is a provision to require royalty
payments from oil and gas leases that currently are exempt from
royalties. We are losing millions of dollars on these faulty leases
that are allowing oil and gas companies to extract taxpayer-owned
resources for free. Putting a stop to this is fiscally unsound public
policy is a much-needed step in the right direction.
With this measure, we will also establish progressive and sensible
policies designed to help families and businesses save energy with new
efficiency standards for appliances, lighting and buildings.
This bill puts our priorities back on track in funding new research
into renewable fuels, which could be unlimited sources of clean energy
if we invest in them properly. This will begin to move us away from the
antiquated, dirty sources of energy we use today.
I support this bill and plan to vote in favor of it. I am, however,
disappointed that several important provisions were removed from the
Natural Resources Committee bill, H.R. 2337, as it was being
incorporated into this bill. The colleagues who demanded the removal
are primarily from big oil producing states whose interest is to move
that product for the corporate interests they represent without thought
or consideration for the rights of other Western states, communities,
ranchers, farmers and the shared public lands of the American people.
One gentleman in particular represents a vast oil producing district
with no real public land, at least 100 hazardous waste sites, numerous
former superfund sites, watershed and ground water contamination sites.
Perhaps the gentleman feels that is the price of doing the oil
industry's business? I and many others in the West prefer a different
scenario--where study, consultation, protection of our public lands,
public participation, and cost recovery for the tax payer--are an
integral part of doing business.
As Chairman of the Subcommittee on National Parks, Forests and Public
Lands, I've become concerned about the 2005 Energy Policy Act's impacts
on public lands, private landowners and wildlife in the West.
The provisions removed from this bill prior to floor consideration
would have made very modest improvements to the Energy Policy Act, a
bill largely written by and for the fossil fuel industry.
The first would have simply authorized a study before federal
agencies designate energy corridors on federal lands across the entire
West. I am deeply concerned that the most recent maps put forth by the
agencies identify corridors crossing through National Parks, Wildlife
Refuges, Monuments and wilderness areas. Like Dick Cheney's Energy
Taskforce, the initial maps of the draft corridors were drawn at the
request of the energy industry, with very little public input. The
study would have simply put a better, more thorough process in place by
requiring agencies to consider congestion and constraints on the system
as well as barriers to access for renewables. My provision would have
also required the agencies to avoid places like National Parks when
designating corridors.
The second provision, specifically requested by the Western
Governors' Association, would have required land management agencies to
analyze the impacts of oil and gas activities in critical wildlife
areas before allowing drilling. I ask unanimous consent that these
letters from
[[Page 23014]]
the Western Governors' Association be entered into the Record.
Under the 2005 bill, the oil and gas industry is able to conduct
drilling and other activities on public lands without first ensuring
protection of wildlife and other resources. The original provision
would have required agencies to avoid wildlife areas and follow
appropriate laws to protect the environment.
I am disappointed that these modest reforms of the oil and gas
industry's sweetheart package from 2005 were rejected.
Nevertheless, I support the reform provisions of this bill and I know
that there will still be opportunity to address some of the
shortcomings of the 2005 Energy bill as we move forward. Because once
the public is fully aware of the consequences and immense impacts of
the energy corridors designations and categorical exclusion provisions,
they will demand action.
Congress of the United States,
House of Representatives,
Washington, DC, July 27, 2007.
Hon. Nick Rahall,
Chairman, Committee on Natural Resources, Washington, DC.
Dear Chairman Rahall: I write to urge you to keep the oil
and gas management reform provisions of H.R. 2337, which
contain several modest but important reforms to restore some
semblance of balance to the federal government's oil and gas
development programs.
As you are aware, the overall House Natural Resources
Committee package will restore responsible stewardship to the
development of our publicly owned oil and gas resources.
Unfortunately, some of the criticism from opponents of these
provisions misrepresent the content and anticipated
consequences of these provisions.
These provisions will not increase oil and gas prices. In
fact, oil prices respond to global market forces of supply
and demand, not whether or not oil and gas operators on
public lands are required to pay a small administrative fee
to obtain drilling permits, or a dollar per acre fee to
discourage speculation, or post bonds to repair the damage
done by development to fish and wildlife resources, or make
sure private property owners are treated fairly, or whether
environmental values are properly protected.
It has also been alleged that the oil and gas language in
H.R. 2337 would ``limit energy development on the public
lands in the Intermountain West.'' In fact, no provisions in
H.R. 2337 limit any company's access to federal lands for oil
and gas activities in the region.
Of particular concern to critics are provisions of the bill
that provide some modest protection for the private property
rights of private surface owners who do not own the federal
oil and gas resources under their farms and ranches. These
provisions would not give landowners a veto over oil and gas
development, but would require lessees to minimize impacts on
the surface. In addition, the critics apparently have a
problem with requiring companies that drill on federal lands
to protect water resources that might be impaired by their
operations, and replace resources damaged by their
operations. Critics also have a problem with requirement
financial guarantees from operators on federal lands to
ensure that they clean up after they have completed
operations, and do not leave the clean-up bill for taxpayers
to pay. None of these provisions will impair any company's
access to federal oil and gas resources. They will, however,
ensure the responsible development of these resources.
Other important provisions of the House Natural Resources
Committee package are the language on energy transmission
corridors and categorical exclusions. This language would
require that a needs assessment of constraints and congestion
in the West's transmission system for the transmission of
various energy resources be finalized, and the data used when
applicants apply for rights-of-way across federal lands. In
addition, the provision contains some commonsense protections
of sensitive areas and resources that could be impaired by
the improper siting of transmission facilities. The provision
for categorical exclusions ensures proper environmental
review for oil and gas in critical wildlife areas.
In summary, the oil and gas management provisions of the
House Resources Committee package contain a modest number of
reforms that will help protect the wildlife, water resources
and other environmental values and private property that can
be impaired by irresponsible oil and gas development.
Sincerely,
Raul M. Grijalva,
Chairman, Subcommittee on National
Parks, Forests and Public Lands.
____
Western Governors' Association,
Washington, DC, June 5, 2007.
Hon. Nick Rahall,
Washington, DC.
Hon. Don Young,
Washington, DC.
Dear Chairman Rahall and Representative Young: On behalf of
the Western Governors' Association, we are writing in support
of the proposed revised section 105 in H.R. 2337,
``Limitation of Rebuttable Presumption Regarding Application
of Categorical Exclusion Under NEPA for Oil and Gas
Exploration and Development Activities.''
In February 2007, the Western Governors' Association
adopted Policy Resolution 07-01, ``Protecting Wildlife
Migration Corridors and Crucial Wildlife Habitat in the
West.'' The resolution urges Congress ``to amend Section 390.
Subpart (b)(3) of the Energy Policy Act of 2005 to remove the
categorical exclusion for NEPA reviews for exploration or
development of oil and gas in wildlife corridors and crucial
wildlife habitat on federal lands. By removing the
categorical exclusion, appropriate environmental site
analysis will be completed as necessary to protect crucial
wildlife habitat and significant migration corridors located
in the field of development.''
Subpart (b)(3) of section 309 of the 2005 Energy Policy Act
is currently worded in such a manner that oil or gas wells
could be drilled under a categorical exclusion, with no
additional analysis, if ``an approved land use plan . . . .
prepared pursuant to NEPA analyzed drilling as a reasonably
foreseeable activity. . . .'' We are concerned that
completion of an RMP after the five-year period that an EA or
EIS covers, or before an EIS is completed for a developing
field, would allow authorization of drilling under a
categorical exclusion (Cat Ex), including in sensitive
wildlife corridors and crucial habitat, with general
provisions provided only by the RMP.
The Governors believe that the Categorical Exclusions
authorized broadly under paragraph (b) of the Energy Policy
Act may often be appropriate. However, with specific regard
to subpart (b)(3), the Governors do not want their ability to
require adequate mitigation in areas the States have
identified as sensitive wildlife corridors and crucial
habitat to be diminished or eliminated. Development of these
sensitive areas obviously needs detailed disclosure and
analysis of impacts to other resources, and the permits need
to include avoidance and mitigation measures to protect those
resources.
Although the Department of the Interior has worked fairly
and inclusively with the states to date, the categorical
exclusion provision in subpart (b)(3) of the 2005 Energy Act
appears to provide a legal option to deny state fish and
wildlife agencies the opportunity to protect and adequately
manage fish and wildlife resources on BLM lands by
authorizing oil and gas development without adequate
analysis, disclosure and state agency involvement. Unless the
problematic language in subpart (b)(3) is amended or removed,
or an additional administrative process implemented to allow
state fish and wildlife agencies an opportunity to recommend
appropriate protection and conservation conditions to
accompany permits to drill in sensitive wildlife corridors
and crucial habitat, significant wildlife impacts could
occur.
We believe the proposed revised section 105 in H.R. 2337
addresses this concern, and we therefore support the revised
section 105. We do have concerns regarding subtitle (D),
``Ensuring Responsible Development of Wind Energy,'' that we
will explain in a separate letter.
The Western Governors appreciate the Committee's efforts to
address our concerns in section 105, and we look forward to
working with you as the bill moves forward.
Sincerely,
M. Michael Rounds,
Governor of South Dakota, Chairman.
Dave Freudenthal,
Governor of Wyoming,
Vice Chairman, Lead Governor.
Janet Napolitano,
Governor of Arizona, Lead Governor.
____
Western Governors' Association,
Washington, DC, August 1, 2007.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Pelosi: On behalf of all of our colleagues in
the Western Governors' Association, we are writing to express
our extreme dismay about the removal over the weekend of a
critical provision from the House Energy bill (H.R. 3221)--
the revised section 105 of H.R. 2337 relating to the
application of categorical exclusions under NEPA for oil and
gas exploration and development activities. We expressed our
strong support for this section in a separate letter sent in
June (enclosed) and we strongly urge you to support
Congressman Grijalva's amendment that would reinstate the
language when the bill is brought to the House floor.
Section 105 of H.R. 2337 addresses an important concern we
have with the indiscriminate use of categorical exclusions
under NEPA for exploration or development of oil and gas in
wildlife corridors and crucial wildlife habitat on federal
lands. We believe that the categorical exclusions authorized
broadly under paragraph (b) of EPAct may often be
appropriate. However, we do not want our states to lose the
ability to require adequate mitigation in areas we have
identified as sensitive wildlife corridors or crucial
habitats to be diminished or eliminated. Section 105
addresses our concerns and would
[[Page 23015]]
allow appropriate environmental site analysis to be completed
as necessary to protect these areas.
Accordingly, we applaud Congressman Grijalva for his
efforts and we urge all Members of Congress to support his
amendment to reinstate the revised section 105 in the bill.
Thank you for your consideration of this request. We look
forward to working with you on this and other Western issues
in the future.
Sincerely,
Dave Freudenthal,
Governor of Wyoming,
Chair, WGA, Co-lead Governor.
Janet Napolitano,
Governor of Arizona,
Co-lead Governor.
____
Specially Protected Areas Potentially Impacted by West-Wide Corridors
Arizona
Agua Fria National Monument
Area 51 Proposed Wilderness
Belmont Mountains Proposed Wilderness
Black Canyon/Perry Mesa Proposed Wilderness
Castle Creek Wilderness Area
Chiricahua National Monument and Wilderness
Crossman Peak Proposed Wilderness
Eagle Tail Mountains Wilderness
Glenn Canyon National Recreation Area
Harcuvar Mountains Proposed Wilderness
Harquahala/Hummingbird Proposed Wilderness
Havasu National Wildlife Refuge and Wilderness
Hell's Gate Wilderness Area
Hell's Gate/Boulder USFS Roadless
Humming Bird Springs/Harquahala Wilderness
Ironwood Forest National Monument
Lake Mead National Recreation Area
Las Cienegas National Conservation Area
Lime Creek USFS Roadless
Mojave Wash Proposed Wilderness
Mount Nut Wilderness
New Water Mountains Wilderness
Padre Canyon USFS Roadless
Pine Mountain/Cedar Bench Wilderness
Saddle Mountain Proposed Wilderness
Saguro National Park and Wilderness Area
San Pedro Riparian National Conservation Area
Sand Tank Mountains Proposed Wilderness
Santa Rita/Whetstone/Middle Dragoon/Chiricahua USFS
Roadless
Sonoran Desert National Monument
South Maricopa Mountain Wilderness
Strawberry Crater Wilderness
Swansea/Buckskin Mountain Proposed Wilderness
Swanzea Wilderness
Table Top Wilderness
Talon Tank Mountains Proposed Wilderness
Vermillion Cliffs NM and Paria-Canyon Vermillion Cliffs
Wilderness
West Clear Creek/Fossil Springs/Mazatal Wilderness
California
Adams Peak USFS Roadless
Beegum/West Beegum USFS Roadless
Benton Range/Glass Mtn./WSAs 102, 103
Bigelow Cholla Garden Wilderness
Bristol Mountinas Wilderness
Buffalo Smoke WSA
Burnt Lava Flow and Medicine Lake USFS Roadless
Cady Mountains WSA
California Desert National Conservation Area
Castle Craigs Wilderness
Castle Peak USFS Roadless
Chanchelulla Wilderness
Chidago Canyon Proposed Wilderness
Chinquapin USFS Roadless
Chuckwalla Mountinas Wilderness
Clipper Mountains Wilderness
Coyote Southeast and John Muir #9 USFS Roadless
Crater Mountain
Damon Butte USFS Roadless
Dead Mountain Wilderness
Deep Wells USFS Roadless
Dobie Flat/Lavas and Captain Jack USFS Roadless
Dog Creek and Backbone USFS Roadless
El Paso Mountains Wilderness
Excelsior USFS Roadless
Golden Trout Wilderness
Grouse Lakes USFS Roadless
Headwaters Forest Preserve
Hollow Hills Wilderness
Jacumba Wilderness
Joshua Tree National Park
Mayfield USFS Roadless
Mecca Hills Wilderness
Mojave National Preserve
Mt. Lassic USFS Roadless
Newberry Mountains Wilderness
Orocopia Mountains Wilderness
Owens Peak Wilderness
Paiute and Inyo Mountains USFS Roadless
Piute Mountains Wilderness
Rodman Mountains Wilderness
Sacatar Trail Wilderness
Salt Gulch/Chanchelulla USFS Roadless
Santa Rosa/San Jacinto Mountains National Monument
Slate Creek USFS Roadless
Soda Mountain Proposed Wilderness
Soda Mountains WSA
South Fork and South Fork Trinity USFS Roadless
South Sierra USFS Roadless
South Sierra Wilderness
Trilobite Wilderness
Tule Mountain WSA
Volcanic Tableland Proposed Wilderness
Wonoga Peak and John Muir #12 USFS Roadless
WSAs 116 and 123
WSAs 99-101
Colorado
Bushy Creek/Morrison Creek USFS Roadless
Canyon Creek/263 Rare 2 USFS Roadless
Craters of the Moon National Monument
Cross Mountain WSA and proposed additions
Curecanti National Recreation Area
Gunnison Gorge National Conservation Area
Kelly Creek/Byers Peak/James Peak USFS Roadless
Pinyon Ridge Proposed Wilderness
Sarvis Creek Wilderness
Skull Creek/Red Cloud Peak/ Willow Creek/Bull Canyon WSAs
and Proposed Additions
South Shale Ridge/Cow Ridge/Little Bookcliffs Proposed
Wilderness
Storm Peak USFS Roadless
Vasquez Peak and Byers Peak Wilderness
Weber-Menefee Mountain WSA and proposed additions
West Elk Addition Proposed Wilderness
Idaho
Black Canyon WSA
California Trail
Continental Divide Trail
Craters of the Moon National Monument
Garfield Mountain USFS Roadless
Hagerman Fossil Bends National Monument
Italian Peaks/McKenzie Canyon/Sourdough Mountain/Four Eyes
Canyon/Garfield Mountain USFS Roadless
King Hill Creek WSA
Mead Peak/Dry Ridge/Huckleberry USFS Roadless
Minidoka Interment National Monument
Oregon Trail
Shoshone/Lava WSAs
Snake River Birds of Prey National Conservation Area
Montana
Beaverhead-Deerlodge USFS Roadless
Black Sage WSA
Bridger/Crazy Mountain USFS Roadless
Continental Divide Trail
Grant-Kohrs Ranch National Historic Site
Henneberry Ridge, Bell/Limkilns Canyon, Hidden Pasture
Creek WSAs
Humbug Spires WSA
Lazyman Gulch/Electric Peak/Whitetail/Haystack USFS
Roadless
Lewis and Clark Trail
Skitwish Ridge/Graham Coal/Evans Gulch/Mt. Bushnell/Cherry
Peak/Patricks Knob-North Cuttoff/South Siegle
Sleeping Giant/Sheep Creek WSAs
Wales Creek and Hoodoo Mountain WSAs
Nevada
Black Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area and Wilderness Area
Blue Eagle/Riordan's Well WSAs
California Trail
Desert National Wildlife Refuge
Gabbs Valley Range WSA
Goshute Canyon WSA
Mount Limbo/Fox Range/Poodle Mountain WSAs
Old Spanish Trail
Pony Express Trail
Red Rock Canyon National Conservation Area
Sloan Canyon National Conservation Area
South Pequop WSA
New Mexico
Aden Lava Flor/West Potrillo Mountains WSAs
Bisti/De-Na-Zin Wilderness
Bitter Lake National Wildlife Refuge
Bosque del Apache Wilderness
Cabezon/La Lena WSAs
Chupadera Proposed Wilderness Addition
Continental Divide Trail
El Camino Real de Tierra Adentro
Florida Mountains WSA and Proposed Additions
Greater Potrillos Proposed Wilderness Additions
Ojito Wilderness
Pena Blanca Proposed Wilderness
Penasco Canyon Proposed Wilderness
Pyramid Mountains/Gore Canyon/Granite Peak/Lordsburg Playa
Proposed Wilderness
Salt Creek Wilderness
San Luis Proposed Wilderness
Sandia Mountain Wilderness
Sevilleta National Wildlife Refuge
Veranito WSA and Proposed Additions
Oregon
Alvord Desert/Bowden Hills WSA
Badlands WSA
Basque Hills/Rincon WSAs
Big Bend Mountain/Jones Creek Proposed Wilderness
Buckhorn Mountain/Maple Gulch/Soda Mountain Proposed
Wilderness
Camp Creek WSA
Cascade-Siskiyou National Monument
Clackamus W&S River
Clarks Butte/Lower Owyhee Canyon WSAs
Cougar Well/Hampton Butte WSAs
[[Page 23016]]
Crane Mountain USFS Roadless
Devil Garden Lavabed WSA
Dry Mountain/Sundown Ridge/Upper Mill Creek/Coffeepot
Creek/Cow Creek Proposed Wilderness
East Branch and West Branch of the California Trail
Fish Creek Rim WSA
Forks of the Walla Walla/Lookingglass Creek/Little Phillips
Canyon/Moonshine Canyon-North Mount Emily/M
Guano Creek WSA
Hager Mountain/Benny Creek/Lower Sycan Butte/Whiskey Creek/
Bryant Mountains Proposed Wilderness
Horse Camp Rim/Adobe Flat/Horse Shoe Meadows/Crane Mountain
Proposed Wilderness
Lower Deschuttes W&S River
Mamaloose Lake/South Fork Clackamus/Mistletoe-Clackamus
River/Big Bottom/Pinhead Butte Complex Propo
Mark O. Hatfield Wilderness
Oregon Canyon
Oregon Trail
Owyee W&S River
Pacific Crest Trail
Pine Mountain/North Pot Holes/Scattered Lava/Nameless Lava/
Lower Ground Butte/West of Sand Spring/Firest
Steens Mountain National Conservation Area and Steens
Mountain Wilderness
Umatilla National Wildlife Refuge
White W&S River
Utah
418,000 units in Uinta/Ashley Forests USFS Roadless
Antelope Range Proposed Wilderness
Arches National Park
Arches Proposed Wilderness Complex
Beehive Creek/City Creek USFS Roadless
Behind the Rocks/Mill Creek Canyon WSAs
Bourdette Draw/Bull Canyon Proposed Wilderness
California Trail
Cedar Mountains Wilderness
Cove Mountain/Atchinson/Mogotsu/Gum Hill USFS Roadless
Desolation Canyon WSA and Proposed Additions
Grand Staircase-Escalante National Monument
Grassy Mountains S Proposed Wilderness
Lone Peak/Mount Timpanagos Wilderness
Mount Nebo Wilderness
Mountain Home Range/jackson Wash/The Toad/South Wah-Wah
Proposed Wilderness
Old Spanish Trail
Price River/Lost Spring Wash Proposed Wilderness
Public Grove/Willard/Upper South Fork USFS Roadless
Rockwell WSA and Little Sahara Proposed Wilderness
Sand Ridge Proposed Wilderness
Square Top Mountain/Scarecrow Peak/Beaver Dam Mountains N
and South/Beaver Dam Wash Proposed Wild
Stansbury Island Proposed Wilderness
Upper Kanab Creek/Vermillion Cliffs/Glass Eye Canyon/Timber
Mountain Proposed Wilderness
Welsville Mountain Wilderness
Washington
Black Canyon Proposed Wilderness and USFS Roadless
Chopaka Mountain WSA
Granite Mountain/Tiffany Proposed Wilderness and USFS
Roadless
Juniper Dunes Wilderness
Lake Roosevelt National Recreation Area
Lewis and Clark Trail
McNary National Wildlife Refuge
Nason Ridge/Entiat Proposed Wilderness and USFS Roadless
Oregon Trail
Mr. GORDON of Tennessee. Mr. Chairman, I rise in support of this
legislation. Our Nation sits at a crossroads--we can follow the path of
business-as-usual, or we can transform our energy paradigm by tapping
into the Sun, the oceans, the Earth, and America's most abundant and
renewable resource--the human spirit of innovation that has given us
the standard of living we enjoy today.
The Committee on Science and Technology has worked hard to address
our energy challenges, and passed twelve bipartisan, consensus-driven
energy and environment research bills, seven of which are included in
the legislation before us today.
My bill, H.R. 364 establishes an Advanced Research Projects Agency
for Energy, or ARPA-E, which will focus on developing transformational
energy technologies;
H.R. 906, The Global Change Research and Data Management Act
introduced by Mr. Udall and Mr. Inglis, restructures Federal climate
research to provide much needed information for developing response,
adaptation, and mitigation strategies for communities and businesses;
H.R. 1933, also by Mr. Udall, authorizes large-scale demonstrations
of carbon capture and storage technologies, so that we may continue to
use our vast resources of coal in a more environmentally benign way;
H.R. 2304 by Representative McNerney will expand our existing
geothermal energy R&D, in particular to develop Enhanced Geothermal
Systems;
H.R. 2313 by Representative Hooley will give researchers in the field
of Marine Renewable Energy the support they need to move experimental
marine energy technologies to commercial viability.
H.R. 2773 introduced by Mr. Lampson will set forth new research on
biofuels including studies on infrastructure needs and studies to
improve the efficiency of biorefineries;
And finally, H.R. 2774 by Congresswoman Giffords creates several
important solar R&D programs, including programs on energy storage
technology for concentrating solar power plants and solar energy
workforce training;
Each of these pieces which are part of the package before us today
will enhance our country's energy security and I commend my colleagues
for their leadership and vision. The sheer scale and complexity of our
energy challenge means that Congress should begin laying the groundwork
today. I urge my colleagues to support this important legislation.
Ms. DeLAURO. Mr. Chairman, we know what is possible for our Nation,
if we choose to move seriously and quickly down the path to energy
independence. We know what this choice means.
Energy independence means demanding more efficiency and smarter
technology for our cars, homes, businesses, and industry. Energy
independence means investing in our communities and plugging their
resources and workforce into vibrant, expanding markets.
It means developing new technologies that create new jobs through
America's economic backbone: our innovation industries. If we want to
make opportunity real for more Americans--if we want to keep our nation
strong even as our new economy continues to change--there is no better
way to do it, than by investing in a new energy future.
This bill--The New Direction for Energy Independence, National
Security, and Consumer Protection Act--makes investments across the
spectrum, to promote renewable energy, grow our economy, create new
jobs, lower energy prices, and begin to address global warming. It is
time to reduce our reliance on foreign oil--an addiction that threatens
our environment, our economy, and our national security.
It is an ambitious initiative, to be sure, but nothing less will
secure our nation's energy future. It is time to stop talking about
energy independence, and start moving toward it.
We can do that today with this legislation, by providing a historic
investment in homegrown biofuels and giving incentives for plug-in
hybrid vehicles rather than Hummers. We can promote and improve the use
of truly efficient products from mass transit and fleets of cars to
lighting and buildings, and we are finally doing our part, to make the
federal government a leader in reducing energy usage and greenhouse gas
emissions.
But this is not just about specific provisions from today's important
legislation. It is also a recognition that by embracing tomorrow's
great challenges we create great opportunity. That when it comes to
addressing those energy challenges--from the soaring price of gas to
rising temperatures around the world to the dangerous actions of
hostile regimes abroad--we need the right leadership with clear
direction and bold vision. That there is nothing America cannot achieve
if we put our minds to it, harnessing our future to our own spirit of
ingenuity and innovation.
Mrs. CAPPS. Mr. Chairman, as a member of the Energy and Commerce
Committee and the Natural Resources Committee, I rise in strong support
of H.R. 3221, The New Direction for Energy Independence, National
Security, and Consumer Protection Act.
Today, our economy relies on fossil fuels for energy and we simply
must change that.
Even President Bush admits we're ``addicted to oil'' and that this
addiction is harming our country.
The best way to beat this addiction is to stop using so much oil and
gas by reducing demand, promoting renewables and alternative fuels, and
encouraging smarter technologies.
Focusing more attention on the potential of clean energy is something
that I and others on this side of the aisle have been advocating for
years.
And since America is not exactly awash in oil and gas, reducing our
dependence on them would be good not only for our environment, but for
our economy and our national security as well.
But, to be honest, we have to do more than talk about the potential
that clean and safe energy has for this country.
We have to provide the mechanisms to bring these energy sources to
market and make changes in energy policy to encourage their use.
And that's exactly what H.R. 3221 does.
It encourages the efficient use of energy by creating new and
stronger appliance and
[[Page 23017]]
green building standards, and it promotes smart grid technology and
plug-in hybrids.
It also takes important steps toward restoring sound stewardship to
the management of our public lands by ensuring responsible domestic
energy development.
And it creates a comprehensive framework to help address the negative
impacts of global warming on our wildlife, public lands, oceans, and
coasts.
While I greatly appreciate the hard work that has gone into crafting
this legislation, I look forward to the House doing more.
Like increasing fuel economy standards for cars and trucks,
increasing the use of homegrown renewables like wind and solar by
requiring more electricity come from these resources, and adopting a
national policy to deal with global warming.
Madam Speaker, the American people want real, meaningful solutions to
our nation's energy challenges.
The leadership in the last Congress was driven by a futile desire to
drill our way to energy independence.
It attempted to do that by lavishing huge tax breaks on Big Oil and
neglecting efforts to reduce demand and encourage clean energy.
This bill delivers on the Democratic majority's promise of a new
energy future.
It will strengthen national security, promote economic growth and
create jobs, lower energy prices and begin to combat the serious threat
of global warming.
I urge all my colleagues to support this legislation because it will
pave the way to a cleaner and more sustainable energy future.
Ms. LEE. Mr. Chairman, I rise in strong support of H.R. 3221, the New
Direction for Energy Independence, National Security and Consumer
Protection Act.
This important legislation combines recommendations from 10 different
committees to put us on a path to true energy independence.
It creates new energy efficiency standards to reduce demand; it
supports the development and distribution of green power from renewable
energy sources; and it spurs further innovation and research on
alternative energy sources.
This is also a jobs creation bill designed to prepare the United
States to compete in and help lead the green global marketplace of the
future.
It trains a new generation of workers with green skills, it assists
and empowers small businesses to cut costs and scale up innovative
energy solutions, and it ensures that research investments in green
technology will translate to new, good paying, green jobs.
This bill helps our nation respond to the growing threat of global
warming by accelerating the use of renewable energy and cutting
greenhouse gas emissions, encouraging mass transit, and expanding
carbon capture and sequestration programs.
The bill also recognizes that we must lead by example at home and
abroad. It requires the Federal Government to become carbon neutral by
2050, implements green building standards and greens Federal vehicle
fleets; and it attempts to reengage us in binding global agreements to
reduce greenhouse gas emissions.
Mr. Speaker these initiatives all build upon work that is already
taking place throughout our great nation. In many ways the California
Bay Area and my district in particular are at the forefront of
innovation and research on alternative energy, climate change and the
environment.
Ongoing research into alternative and renewable energy at UC
Berkeley--one of the premier public universities in the country--holds
the promise of a cleaner and brighter future for our children.
Businesses in my district have also taken the lead in greening their
activities to reduce waste, improve energy efficiency, and save water--
minimizing their impact on our environment.
Innovative programs funded in part through the City of Oakland are
also training youth in my district about the importance of
environmental stewardship and are providing them with new job
opportunities and new career paths.
Community based organizations in my district have also taken the lead
in advocating for environmental justice and equity for all our
constituents.
Together our community is at the forefront of a robust environmental
movement that is quite literally changing the world for the better.
I urge my colleagues to pass H.R. 3221 and to help accelerate these
efforts in my district and throughout the Nation.
Mr. CONYERS. Mr. Chairman, I rise in strong support of H.R. 3221, The
New Direction for Energy Independence, National Security, and Consumer
Protection Act. This landmark Energy Independence legislation will help
make our nation more secure by reducing our dependence on foreign oil;
reduce costs to consumers by promoting greater efficiency and smarter
technology; create new American jobs; and make our Nation a leader in
reducing global warming.
H.R. 3221 reduces our dependence on foreign oil in a number of
important ways. It makes the largest investment in history to improve
how we grow, produce, transport, and store biofuels that will fuel our
cars and trucks. It provides a plug-in hybrid vehicle tax credit for
individuals and encourages the domestic development and production of
advanced technology vehicles and the next generation of plug-in hybrid
vehicles. The initiative also includes tax incentives for biking to
work, encourages people to take mass transit, and promotes cleaner
buses, ferries, and trains. In addition, H.R. 3221 repeals subsidies
and tax giveaways to Big Oil.
The New Direction for Energy Independence, National Security, and
Consumer Protection Act contains a number of provisions to lower energy
costs to consumers, including landmark energy efficiency provisions
that would save consumers and businesses at least $300 billion through
2030. It would reduce energy costs to consumers through more energy
efficient appliances, such as dishwashers, clothes washers,
refrigerators and freezers and assist consumers with improving
efficiency of existing homes, as well as building energy efficient new
homes. H.R. 3221 also extends existing tax credits for the production
of renewable energy, including solar, wind, biomass, geothermal, hydro,
landfill gas and trash combustion, as well as creating new incentives
for the use and production of renewable energy.
The major investments in renewable energy technologies included in
this bill have the potential to create 3 million new American jobs over
10 years. The bill creates an Energy Efficiency and Renewable Energy
Worker Training Program to train a quality workforce for ``green''
jobs. To spur innovation, H.R. 3221 creates an Energy Department agency
to coordinate high-risk, high-payoff energy technology research and
development that private industry is not likely to pursue on its own.
The bill increases loan limits to help small business develop energy
efficient technologies and purchases; provides information and
assistance to small business to reduce energy costs; and increases
investment in small firms that are developing renewable energy
solutions.
Finally, H.R. 3221 takes major steps to reduce global warming. Its
energy efficiency provisions will not only save consumers and
businesses money, but will also reduce carbon dioxide emissions by as
much as 10.4 billion tons through 2030, more than the annual emissions
of all of the cars on the road in America today. This initiative calls
on the U.S. to re-engage and lead the global effort on a binding global
warming agreement, with commitments from all the major emitters
including China, India, and Brazil. Because the federal government is
the largest energy consumer in the United States, the bill promotes
federal leadership on reducing global warming by requiring federal
government operations to be carbon-neutral by 2050. These provisions
will save taxpayers $7.5 billion through 2030. Finally, this initiative
takes aggressive steps on carbon capture and sequestration to come up
with a cleaner way to use coal. The United States must lead the way in
developing this critical technology to reduce global warming throughout
the world.
I would also like to address the important amendment to this bill
offered by Repesentatives Udall and Platts, which I will support. The
Udall/Platts amendment creates a national renewable energy standard
(RES) requiring electric utilities to provide a gradually increasing
amount of their electricity through the use of renewable energy
resources. A national RES would save consumers billions of dollars from
lower energy bills and create tens of thousands of new jobs.
The amendment's initial requirement, in year 2010, is 2.75 percent of
a utility's electricity. This gradually increases to 15 percent by
2020. The amendment permits utilities to meet up to 27 percent of their
targeted requirement through energy efficiency savings (the equivalent
of up to 4 percent of the 15 percent requirement). It gives credit for
existing renewables. In addition, utilities get credit for all actions
taken pursuant to a state portfolio standard associated with renewable
electric generation. I believe this gradual, flexible approach is a
reasonable way to provide the right incentives and market signals to
diversify our electricity supply with clean, renewable energy sources
that will help keep our air and water clean and start us down a path
that will combat global warming.
Ms. NORTON. Mr. Chairman, the Subcommittee on Economic Development,
Public Buildings and Emergency Management of the Transportation
Committee has jurisdiction over General Service Administration, GSA,
activities and programs as the property manager for
[[Page 23018]]
the Federal Government. GSA itself owns over 1,500 Federal buildings
comprising over 175 million square feet of space. The agency leases
another 7,100 buildings with a total rentable area of over 176 million
square feet of space. Because GSA is a lease holder for the vast
majority of office space controlled by the Federal Government, the
agency can also have a pivotal role in energy conservation in the
private sector as well.
According to a September 2006 Department of Energy report, the public
and private building sector together account for an amazing 39 percent
of total U.S. energy consumption, more than both the transportation and
industry sectors. Even more surprising public and private sector
buildings, like those under our jurisdiction, are responsible for 71
percent of U.S. electricity consumption. These buildings in the United
States alone account for 9.8 percent of carbon dioxide emissions
worldwide. U.S. buildings are responsible for nearly the same amount of
carbon emissions as all sectors of the economies of Japan, France, and
the United Kingdom combined.
The Federal Government is the world's single largest energy consumer
and the most prolific in wasting energy in the world today. Yet, for
years our Government has pursued and achieved energy savings that
demonstrate that we are capable of moving with far greater results.
Primary energy use by the Federal Government, for example, fell 13
percent during the past 20 years, with a 25 percent decrease in energy
costs in real terms, despite a 27 percent increase in fuel prices in
the U.S. in 2005. In this bill, we begin to build on these results.
Subtitle A of Title VI offers simple yet very effective measures to
immediately effect energy consumption in Federal buildings. The title
includes a provision to direct the Administrator of General Services to
install in newly constructed or newly renovated Federal buildings
energy efficient lighting fixtures and light bulbs. Further, it also
directs the Administrator of General Services, in the course of routine
maintenance of Federal buildings, to replace existing bulbs and
fixtures with more energy efficient fixtures and bulbs.
Title VI also requires that GSA include in the prospectuses for
construction or alteration, submitted to Congress for approval,
information about building energy performance and renewable energy
systems. This provision will enable the Transportation and
Infrastructure Committee to examine anticipated energy consumption in
new Federal buildings to make sure the buildings meet the highest
standards possible.
Further Title VI authorizes the Administrator of GSA to sign utility
contracts for not more than 30 years. This one provision will allow the
GSA a longer time frame to hedge against increasing electricity prices
in the market. The longstanding trend in electricity pricing is ever-
increasing inflationary pressure as time advances. Thus a longer power
purchase agreement, PPA, secures a fixed rate for a longer period and
provides greater insulation against inflationary trends.
As a final provision, Title VI contains the language to authorize the
installation of the photovoltaic wall at the Department of Energy
headquarters building here on Independence Ave. and provides funding
for this historic project from the Federal building fund at the General
Services.
Subtitle C of Title VI deals with the Architect of the Capitol and
authorizes the Architect of the Capitol to perform a feasibility study
regarding the installation of a photovoltaic roof on the Rayburn House
Office Building. Further Subtitle C authorizes the Architect to
construct a fuel tank and pumping stations for E-85 fuel at or within
close proximity of the Capitol grounds. The Architect is directed to
include energy efficient measures and renewable energy in the Capitol
Complex Master Plan and transmit a report to the Transportation and
Infrastructure Committee on the energy efficient measures, climate
mitigation measures, and other environmental measures included in the
Master Plan.
Mr. OBERSTAR. Mr. Chairman, I rise in strong support of the amendment
offered by Mr. Hoyer. In particular, this Manager's package includes
two provisions submitted as an amendment by the Committee on
Transportation and Infrastructure: a provision to help maximize the
energy efficiency of the Capitol Power Plant, CPP, and a provision to
help expand intercity bus service. I thank the Speaker and the
gentleman from Maryland for including these important enhancements to
the bill.
This amendment requires the Architect of the Capitol to operate the
steam boilers and the chiller plant at the Capitol Power Plant in the
most efficient manner possible. Adopting these changes will reduce the
carbon emissions and energy required to operate the building of the
House of Representatives and result in cost savings for the American
people.
This provision implements recommendations outlined in the final
report on the ``Green the Capitol'' initiative, which was issued and
submitted to Congress on June 21, 2007. The recommendations draw on the
research conducted by the Department of Energy's Lawrence Berkley
Laboratory, LBL, on the operating practices of the CPP. According to
this research, operation of the House buildings was responsible for
approximately 91,000 tons of Carbon Dioxide-Equivalent Emissions
(CO2-e) emissions in fiscal year 2006. This value is
equivalent to the annual (CO2-e) emissions of 17,200 cars.
The LBL study determined that the current CPP practices do not take
into account operating differences by season. Specifically, the chilled
water temperature could be raised in the winter when less cooling is
needed and the steam pressure could be lowered in the summer when less
heat is needed. The level of steam pressure could be lowered overall
because energy needs in the buildings have decreased over time.
The estimated cost of fine-tuning the steam pressure used to supply
House office buildings is approximately $10,000 and results in an
annual savings of $417,000 per year. The costs of tuning the boilers
could be recouped in direct energy savings in just 1 week. The
anticipated costs for optimizing the chilled water distribution to the
House office buildings is approximately $25,000 and could save about
$340,000 annually. The costs of this effort could be recouped in direct
energy savings in just 1 month.
The amendment also will require the Architect of the Capitol to
ensure the accuracy of the steam and chilled water meters in the House
office buildings as part of standard maintenance practice, to maximize
energy efficiency.
These are small changes, but they stand to have a big impact on
improving the energy efficiency of the Capitol Power Plant, and in
turn, reduce the energy consumption required to operate House
buildings. This amendment allows the Federal Government to lead by
example in the promotion of energy efficiency.
The Manager's package also makes technical corrections to the section
of the bill authorizing grants to improve public transportation
services. The bill provides that grant funds are to be used either to
reduce public transportation fares or to expand public transportation
service in both urban and rural areas. However, current law authorizes
intercity buses to provide public transportation services between rural
areas in order to provide additional, meaningful transit services to
those areas. Therefore, in order for the grant funds provided under
this bill to be used for eligible purposes under current law, this
technical amendment is needed to authorize intercity bus services as an
eligible use of grant funds.
I strongly support this amendment and urge its adoption.
Mr. ALLEN. Mr. Chairman, if this Congress is serious about wanting to
address the causes and consequences of climate change, then it is
critical that we invest in the infrastructure we need to monitor and
forecast that change.
Earlier this year I introduced H.R. 2342, The National Integrated
Coastal and Ocean Observing System Act of 2007. This important
legislation would create an integrated ocean observing, monitoring, and
forecasting system, modeled after Maine's Gulf of Maine Ocean Observing
System, that could save lives and billions of dollars annually.
I am pleased to announce that my bill has been included in this
energy bill, H.R. 3221. I commend Speaker Pelosi and Chairman Rahall of
the Natural Resources Committee for their leadership and foresight in
including this legislation to give all of our citizens tools that they
need to plan for and adapt to global climate change.
In addition to monitoring and forecasting climate change, the Ocean
Observing System would protect coastal communities and protect the
economic interests of ocean-going industries like shipping and
commercial fishing by improving warnings of tsunamis, hurricanes,
coastal storms, El Nino events, and other natural hazards.
I applaud this and other climate change provisions in the bill and I
urge my colleagues to support it.
Mr. PETRI. Mr. Chairman, I want to take this opportunity to highlight
and express my support for a provision included in H.R. 3221 that would
establish a solar demonstration project.
U.S. industry has begun to commercialize a number of devices such as
solar light tubes, which use solar concentrators, reflectors and
lenses, light fibers, and other technologies to direct natural light
into buildings, tunnels and other enclosures to augment or replace
light from traditional fixtures.
[[Page 23019]]
Sec. 4306 of this bill would establish a research and development
program 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.
This type of technology presents an economically feasible and
affordable solution for the private and public sector to reduce its
reliance on the electrical grid. This in turn will have positive
effects on both the environment and our overall demand on traditional
power sources.
I have visited a company in my district which is engaged in very
innovative and cost efficient light technology, and there are many
other such efforts around the country that are developing exciting new
products. As we look to diversify our energy sources, we need to enact
policies that make it easier to harness the power of the market and
spur the entrepreneurial and innovative sector of this country.
If we get this right, the United States will gain an even greater
competitive advantage around the world while becoming less reliant on
other countries--all in an environmentally responsible manner.
When we go to conference, I urge that this important demonstration
project be included in the final conference report.
Ms. MATSUI. Mr. Chairman, the debate over our Nation's energy policy
is both a national and a local one. Energy policy impacts our national
security, our international trade balance, and our relations with other
countries.
At the same time, energy policy reaches into every single State,
county, and Congressional district.
The energy bill we consider today recognizes this fact. It makes
significant investments in the new energy sources, research, and
technology that will power our economy in the future. It revolutionizes
our energy policy at the national and local levels. And it improves the
way local communities around the country use, generate, and conserve
power.
In my hometown of Sacramento, energy is an especially important local
issue. Sacramento is located at the confluence of two mighty rivers,
and at the base of a large watershed. This leaves us vulnerable to
catastrophic floods that are made more likely because of global
warming. The more we burn fossil fuels for energy, the higher our flood
risk.
In Sacramento, changing our national energy policy means reducing our
dependence on foreign oil, preserving our environment, and stopping
global warming. It also means protecting our homes.
Mr. Chairman, the people of Sacramento are eager to change their
energy consumption habits. In fact, we have already made significant
investments in a new energy economy.
Sacramento has a growing clean-energy industry that is poised to take
off. Our local utility produces significant electricity from solar,
wind, and methane gas sources. Every day, more and more of the
Sacramento region's homes, businesses, and vehicles are powered by
renewable energy.
But my constituents need help from the Federal Government. That is
why I am so proud to stand before the House today in support of this
energy package. The investments it makes in clean energy complement and
support what is already happening in Sacramento.
The bill's tax incentives for renewable energy bonds are crucial for
my local electric utility. The biofuels that will be developed because
of this legislation will power my constituents' cars. The people I
represent will work in some of the 3 million new green-collar jobs it
creates. My constituents will find it easier to take public transit
because of the Transportation and Infrastructure Committee's title.
This energy bill helps Sacramento continue to lead our country's
energy revolution, Mr. Chairman. Our Nation and our energy supply will
be more secure once we pass it.
I urge my colleagues to support this landmark legislation.
Mr. WAXMAN. Mr. Chairman, I rise in support of the Sarbanes-Wolf
amendment to H.R. 3221, the New Direction for Energy Independence,
National Security, and Consumer Protection Act.
The Sarbanes-Wolf amendment requires Federal agencies to improve
their telework programs to allow more employees to participate in
telework. This amendment is a positive addition to the bill we are
considering today. Telework plays an important role in reducing energy
consumption, air pollution, and traffic congestion.
Telework has a number of benefits beyond energy savings, including
cost savings for agencies and better scheduling flexibility for
employees.
Greater use of telework can also allow the Federal Government to
function in the event of an emergency, whether it is a natural disaster
or a terrorist attack. During Hurricane Katrina, a number of Federal
workers were displaced and had to scramble to find alternate worksites.
Last year, the IRS headquarters building was closed due to flooding and
IRS employees had to work from home or from other offices. Effective
telework programs can help agencies better respond to these situations.
Yet, despite these benefits, some agencies continue to underutilize
telework.
In 2000, Congress mandated that each executive agency ``establish a
policy under which eligible employees of the agency may participate in
telecommuting to the maximum extent possible without diminished
employee performance.''
According to the most recent survey by the Office of Personnel
Management, only about 119,000 of the approximately 2 million Federal
employees participated in telework in 2005. That is even with OPM
counting employees who only teleworked once per month.
This amendment ensures that every Federal employee is eligible to
telework unless they have a job that cannot be done from home or from
an alternate worksite.
This amendment is needed because although some agencies have
successful telework programs, there are agencies that do not appear to
be doing all they can to make telework available to employees. For
example, according to the Department of Transportation, of the over
43,000 employees that work at the Federal Aviation Administration, only
about 13,000 are eligible to telework. That is just 30 percent of FAA
employees. There are also agencies that are not doing enough to inform
management and employees about telework programs.
This amendment addresses one of the biggest challenges to telework
identified by agencies, resistance from management. Under this
amendment, agencies are required to provide telework training to
managers and new employees. This amendment also requires agencies to
directly notify employees in writing of their eligibility for telework
programs.
This amendment will provide needed improvements to Federal telework.
This amendment is an important step in reducing the Federal
Government's energy use. I urge my colleagues to support the Sarbanes-
Wolf amendment.
Mr. McNERNEY. Mr. Chairman, today is a landmark day for our country's
path towards energy indepence, and I would like to thank my colleagues
and the committees that have worked so hard to make enactment of this
forward-thinking legislation possible. H.R. 3221, the New Direction for
Energy Independence, National Security, and Consumer Protection Act,
marks a major step towards a secure, sustainable energy future.
Mr. Chairman, I am fortunate to serve on three committees that
contributed significantly to the bill we are considering, and I have
seen the tremendous collaboration that went into the creation of this
comprehensive legislation. And as someone who has spent more than two
decades working with wind energy and other forms of new energy
technologies, I am particularly proud of our work here today.
Not only is the energy package we are debating today good for our
environment and good for our security, it is also good for our economy.
Estimates are that clean energy technology could create almost half a
million new jobs--an entire spectrum of good-paying American jobs.
In addition, I am pleased that my bill, H.R. 2304, the Advanced
Geothermal Energy Research and Development Act, has been included in
this energy package. Geothermal energy is one of the most promising
renewable energy sources, and it has the potential to generate vast
amounts of clean electricity.
Geothermal, which utilizes the earth's natural heat, provides
constantly-available baseload power, not limited by factors such as
sunlight or wind conditions. Additionally, geothermal energy is 100
percent domestically produced--truly helping to lead our Nation to
energy independence.
To extract geothermal energy today, engineers must tap into pre-
existing water reservoirs near the surface. However, recent research
indicates that new geothermal resources called Enhanced Geothermal
Systems, or EGS, could greatly expand geothermal use and potentially
generate as much as 100 gigawatts of power in the next half century.
That is enough clean, environmentally friendly energy, to power 75
million homes.
EGS is in the early stages of development, and H.R. 2304, which has
been incorporated into the bill we are debating today, authorizes
Federal assistance for the research and development needed to make EGS
both technically feasible and economic.
[[Page 23020]]
I would request that all of my colleagues join me in supporting the
energy package before us today.
Mr. BUTTERFIELD. Mr. Chairman, I am proud of the Democratic majority
for its boldness in bringing this Energy Bill to the House floor on
this Saturday morning.
You know, 20 years ago it was the academics that were talking about
energy independence and climate change. Today, it is a conversation all
across America and the American people are expecting us to do something
about it.
This Energy Bill is not a perfect bill but it is a responsible piece
of legislation. It represents the views of competing interests and it
begins us on that long road to energy independence.
My State of North Carolina is eager to be part of developing
solutions. We have lost over 100,000 textile jobs since 1997. This
legislation will usher in significant job creation that will replace
some of the lost jobs. Microcell Corporation is a hydrogen fuel cell
company in my district that's made a giant leap and is now ready to
produce their cells on a large scale. With this breakthrough, over
1,000 good paying jobs will be created in this rural district.
I am proud to tell you that our State legislature has enacted an
ambitious Renewable Portfolio Standard that is reasonably related to
our ability to reach energy independence. Other states have done the
same thing and others will do so as we move in this new direction.
Finally, I am proud to be a part of an effort to include Historically
Black Colleges and Universities in the research and development of
Cellulosic Ethanol for transportation fuels. These institutions have
wanted to be part of developing ethanol from biomass but they have not
had the opportunity.
This bill makes $50 million available for minority serving
institutions to engage in this research on a competitive basis. I
introduced this concept to the Energy and Commerce Committee and I am
proud that we finally reached a bipartisan agreement to include this
language in the final bill.
I urge my colleagues to vote for final passage.
Mr. UDALL of Colorado. Mr. Chairman, as a cosponsor of H.R. 3221 I
rise in strong support of this very important legislation. It will
begin the process of putting our country on a path toward energy
independence, increased national security and economic growth, and
addressing global warming. When combined with the legislation from the
Ways and Means Committee, it will provide long-term incentives to boost
production of electricity from renewable sources, including wind,
solar, biomass, geothermal, river currents, ocean tides, landfill gas,
and trash combustion resources.
Other incentives will help expand production of homegrown fuels such
as cellulosic ethanol and biodiesel and encourage more E-85 pumps to
supply flex-fuel vehicles. The bill will encourage manufacturers to
build more efficient appliances, help working families afford fuel-
efficient plug-in hybrid vehicles, and help businesses create energy-
efficient workplaces. It will encourage deployment of renewable energy
by enabling electric cooperatives and public power providers to use new
clean renewable energy bonds to help finance facilities to generate
electricity from renewable resources. And it will help states leverage
tax credit bonds to implement low-interest loan programs and grant
programs to help working families purchase energy-efficient appliances,
and make energy-efficient home improvements. Further, the bill will
create an Energy Efficiency and Renewable Energy Worker Training
Program to train Americans for good ``green'' jobs that will be created
by new renewable-energy and energy-efficiency initiatives.
I am glad the bill includes a requirement for a Renewable Electricity
Standard (RES), added by an amendment by my cousin Rep. Tom Udall, Rep.
Todd Platts, and others, including myself. This is a great victory--the
first time an RES has ever passed the House of Representatives--and it
means that despite the strong opposition of those who prefer the status
quo, the movement for positive change has grown stronger. Implementing
a national RES will benefit rural communities, save consumers money,
reduce air pollution, and increase reliability and energy security.
There are many other good provisions--but I am particularly proud of
parts originating in two Committees on which I serve, which include
many provisions based on legislation I introduced.
Science and Technology Committee Provisions
The part of the bill developed by the Committee on Science and
Technology includes provisions from two of my bills that will help us
mitigate and adapt to climate change, although the bill does not
directly address reducing the greenhouse gas emissions that contribute
to climate change.
Global Change Research and Data Management
Although we know that climate change is occurring, we still need
economic and technical information as well as information about system
responses and climate responses to design cost effective policies will
achieve emissions reductions and avoid dangerous impacts of future
climate change. Subtitle G, the Global Change Research and Data
Management Act of 2007, will help provide this information. It will
update and improve the U.S. Global Change Research Program (USGCRP) to
provide more user-driven research and information. The USGCRP
coordinates federal climate change research and has contributed much to
our understanding of climate change since its creation in 1990--but we
now need to expand this information and tailor it to the needs of
decisionmakers confronted with management and mitigation challenges. I
would like to thank my colleague, Mr. Inglis from South Carolina, who
is an original cosponsor on the bill that this provision is based on,
for his help in improving this language.
Carbon Sequestration Research
Carbon sequestration is one promising technology to help us address
climate change. 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. This provision will authorize the Department of Energy
to conduct two separate projects, with up to five projects for carbon
capture and up to seven projects to test for large-scale carbon dioxide
injection and storage. Not only will this help us develop this
technology and make it more economical, it will also help us understand
the implications of storing large amounts of carbon dioxide
underground.
We must begin to address the climate change challenge, but we must
not cause irreparable harm to our economy in the process. Both of these
research provisions will help ensure that we have the technology and
the information to address climate change.
Natural Resources Committee Provisions
The part of the bill developed in the Natural Resources Committee
will ensure greater accountability from companies drilling for oil and
gas on federal lands by, among other things, requiring more audits to
ensure American taxpayers received all royalties owed and by ensuring
companies that were erroneously given royalty-free leases for drilling
will pay fair royalties. This part of the bill also authorizes a
nationwide assessment of geological formations capable of sequestering
carbon dioxide underground and a review of the potential for carbon
sequestration in ecosystems. It calls for development of a national
strategy to assist wildlife populations and their habitats and provides
states with new funding to assist wildlife in adapting to global
warming.
It also has sections based on my bill, H.R. 1180, the ``Western
Waters and Farm Lands Protection Act'' regarding protection of surface
owners, reclamation, and protection of water supplies.
Surface Owner Protection
In many parts of the country, the owner of some land's surface does
not necessarily own the underlying minerals. And in Colorado and other
Western States, those mineral estates often belong to the federal
government while the surface estates are owned by others, including
farmers and ranchers. This split-estate situation can lead to
conflicts. The surface-owner provisions are intended to address this
issue by establishing a system for development of federal oil and gas
in split-estate situations. It requires the Interior Department to give
surface owners advance notice of lease sales that would affect their
lands and to notify them of subsequent events related to proposed or
ongoing developments related to such leases. In addition, it requires
that anyone proposing to drill for federal minerals in a split-estate
situation must first try to reach an agreement with the surface owner
that spells out what will be done to minimize interference with the
surface owner's use and enjoyment and to provide for reclamation of
affected lands and compensation for any damages. It is important to
note that a surface owner ultimately could not block development of oil
or gas underlying his or her lands. While I support development of
energy resources where appropriate, I also believe that this must be
done responsibly and in a way that demonstrates respect for private
property rights. That is what this part of the bill is designed to
accomplish.
[[Page 23021]]
Reclamation Requirements and Water Protection
Another part of the bill addresses reclamation of affected lands. It
would amend the Mineral Leasing Act by adding an explicit requirement
that parties that produced oil or gas (including coal-bed methane)
under a federal lease must restore the affected land so it will be able
to support the uses it could support before the energy development.
Toward that end, this part of the bill requires development of
reclamation plans and posting of reclamation bonds. The bill also
requires oil and gas operators to give the protection of water a
priority by requiring them to submit a plan for water management when
they file for a permit to drill. It also provides that oil or gas
operators who damage a water resource--by contaminating it, reducing
it, or interrupting it--must remedy the damage or provide replacement
water to the water users. And it specifies that water produced under a
mineral lease must be dealt with in ways that comply with all federal
and state requirements and includes language making clear it will not
affect state water laws.
Water is a precious commodity in the arid, drought-ridden West--as
important as our energy resources. We must not sacrifice our water in
our zeal to develop oil and gas resources. This bill will help ensure
it will be protected and reclaimed as we produce domestic energy
supplies.
Oil Shale
The bill also includes provisions I helped develop regarding future
commercial-scale development of oil shale. They are intended to make it
more likely that any commercial development of oil shale occurs in an
orderly way that takes full advantage of the important research and
development work now underway.
Under these provisions, the BLM would not be faced with an
unrealistic deadline for finishing the programmatic environmental
impact statement that is now being prepared, but they would still have
to go ahead and finish it. Then, the BLM will have a year--not just 6
months, as under current law--to prepare commercial leasing
regulations. And, instead of final regulations, these will be proposed
regulations, with at least 120 days for people in Colorado--and
everyone else--to review and comment on them. The new bill also calls
for developing an overall strategy for sustainable and publicly
acceptable large-scale development of oil shale in Colorado, Utah, and
Wyoming, and it retains the current law's requirement for consultations
with the Governors of Colorado, Utah, and Wyoming before any commercial
leases are issued.
I believe the environmental analysis being done by BLM will help
everyone understand what will be involved in any commercial leasing
program, even though it cannot and will not answer all the questions.
But I believe that the timing of any oil shale development under the
provisions of this bill will be a better way to proceed and more likely
to yield a good result, as will the part of the bill that makes it
clear that full environmental review will be required prior to issuing
any specific commercial lease, which will remove doubts and lay the
right foundation for future decisions.
Oil Shale Fund
In addition, the bill includes (in a separate part) the provision
that I added in the Natural Resources Committee to establish a fund to
help local governments pay for infrastructure and services made
necessary by future commercial oil shale development. This provision
reflects my concern about what large-scale commercial development of
oil shale can mean for Colorado's Western Slope and the problems it
could bring to that mostly rural part of our state. Coloradans remember
the seriously disruptive economic impacts on our communities from
previous oil shale development efforts. I think the federal
government--if it is going to promote development of this resource
again--should also learn from that experience and help mitigate any
potential impacts from an oil shale program. That's what this provision
is designed to accomplish.
Roan Plateau Provisions
Finally, I must mention the section dealing with the Roan Plateau
planning area, in Colorado, which Representative John Salazar and I
worked to have included. The Roan Plateau is not just another place.
Nearly a century ago, it was set aside because President Wilson thought
someday we would need its oil shale to fuel the Navy's ships. Of
course, that didn't happen--and the area was mostly untouched until
1997, when Congress transferred it from the Energy Department to the
Interior Department's Bureau of Land Management, or BLM. Since then,
the BLM has leased 12,000 acres for oil and gas drilling and has worked
on developing a plan for the rest. The bill would not affect any of the
lands that have already been leased. And it would not even affect all
of the lands that are still untouched. Instead, it would affect only
the Federal lands on the top of the plateau--the highest and most
sensitive part of the area.
It deals only with the lands on the top of the Roan Plateau itself.
That's where you find the stands of aspen and spruce trees and the
headwaters of streams that support five rare, pure populations of our
native cutthroat trout, in stretches above and below two of Colorado's
highest waterfalls. And those lands on top are the prime places for
wildlife, including herds of deer and elk. That's why they are so
important to hunters and anglers--not just from the Western Slope but
many visitors as well--who every year generate millions of dollars for
the local economy. And that's why protecting them is supported by
sportsmen and sportswomen--for example, the Colorado Chapter of the
Backcountry Hunters and Anglers--and such groups as Trout Unlimited as
well as by many other people across Colorado--from Battlement Mesa and
Basalt to Silt, Salida, and Saguache--who want to slow BLM's rush to
lease every last inch of the Roan Plateau.
Neither Rep. Salazar nor I am against energy development. But we are
for balance. There is an energy boom in Colorado, with the
administration pushing BLM to lease as much and as fast as possible,
although thousands of acres already under lease remain undeveloped. As
we develop the energy we need, we should remember that places like the
Roan Plateau are important not just for their riches of oil and natural
gas but also for riches in the form of streams, trees and other plants,
and the fish and wildlife populations that depend on them for habitat.
We need to assure that the energy ``boom'' does not mean a ``bust'' for
those values--for from that bust there may be no recovery. That is the
rationale for the Roan Plateau section of this bill. It does two
things. First, it requires that each lease of federal land on the top
of the Roan Plateau have a ``no surface occupancy'' stipulation. That
means the oil, gas, or other minerals must be accessed from another
location through directional drilling--for example, from non-federal
lands or lands elsewhere in the Roan Plateau planning area.
Second, this part of the bill requires the Treasury Department to
report how much has been collected in royalties from already-leased
lands in the Roan Plateau planning area, and requires the Interior
Department to tell us how much work remains to be done to clean up
contaminated areas so as to recoup the funds the federal government
spent for infrastructure in the lands before they were transferred to
the Interior Department. To understand the reason for requiring these
reports, remember the terms under which the lands were transferred from
the Department of Energy. To pay for needed cleanup work and to recover
infrastructure costs, the transfer legislation says the normal sharing
of mineral royalties with the relevant State will not start until it is
certified to Congress that the federal government has received enough
to cover (1) The cost of all needed environmental restoration, waste
management, and environmental compliance activities, (2) the costs
incurred to install wells, gathering lines, and related equipment and
(3) any other costs incurred by the United States on the lands. The
required reports will provide Congress with an update of the amount of
royalties that have been collected and how much work remains to be
done. With that information, we will have a better idea of whether the
time has come to revisit the transfer act with an eye to allowing the
State of Colorado to start receiving part of the royalties from mineral
leases in the area.
Mr. Chairman, I have been working for several years to achieve
passage of the surface-owner, reclamation, and water-protection
provisions of this bill. And Representative Salazar and I have worked
to protect the most sensitive part of the Roan Plateau. These
provisions help provide for balance in energy development in Colorado
and across the West and were developed through listening to the
concerns of landowners, water users and communities. I strongly urge
their approval--along with the rest of this excellent legislation--by
the House.
Mr. CASTLE. Mr. Chairman, the work of this Congress will not be
complete until we act to tackle our greatest hurdle in this area,
climate change. While this energy bill moves us closer to a cleaner and
more sustainable energy future for the 21st century, we must not stop
short of enacting a comprehensive global warming plan that places
mandatory limits on harmful global warming pollution.
At a time when the oil and gas industry continues to see record
profit, the tax package, H.R. 2776, which includes provisions similar
to those that passed the House in January, would repeal oil and gas tax
breaks and use the revenue to promote the renewable energy production
and use; energy efficiency in residential property; and bonds for state
and local governments to fund energy conservation efforts, among many
other new incentives. I am
[[Page 23022]]
pleased the legislation includes a long-term extension of the renewable
production tax credit, however, I oppose the cap placed on the credit
for wind, and hope that agreement on a straight extension of the
current credit will be reached during negotiations with the Senate.
H.R. 3221 takes preliminary steps toward a more secure, diverse, and
domestic energy portfolio that will help spur investment in new
technology. The legislation repeals royalty relief for oil and gas
producers on leased federal land and takes preliminary steps to address
climate change. The bill restores protections to public lands that will
continue to allow oil and gas development while better protecting fish
and wildlife, and water resources. It sets new efficiency standards for
appliances, lighting and buildings, while authorizing billions for the
research and development of sustainable energy sources and alternative
fuels. And, it authorizes funding for research and development: for the
higher production of biofuels, like cellulosic ethanol, which can be an
economic driver in rural communities; and for carbon capture and
sequestration, an essential element in addressing climate change,
particularly in the U.S. where coal is abundant.
Offshore wind can play an important part in diversifying the nation's
energy supply and easing our demand for fossil fuels. For this reason,
I proposed an amendment to require the agency charged with developing
new rules for new offshore wind energy production to update Congress on
their progress. These guidelines are long overdue and are not expected
to be ready for over a year. We need to know the reason for the delay
and what can be done to move things along, so communities wishing to
invest in this clean, renewable technology can move forward. This is of
critical importance to the state of Delaware who has not only agreed to
produce 20 percent of its electricity from renewable sources by 2020,
but has made a strong commitment to offshore wind resources as a
component of its energy portfolio. Without these rules, promising
offshore wind projects are being delayed across the country at a time
when additional clean energy could curb air pollution and climate
change. I look forward to working with the appropriate agencies to make
sure our renewable energy resources are developed in a timely and
environmentally friendly manner.
I also supported a key amendment to create a 15 percent national
renewable electricity standard, which will help lower energy costs,
create new jobs and help diversifying our energy supply with clean,
renewable sources, like wind and solar energy. This standard will
hopefully begin to ease pressure on natural gas prices and help reduce
carbon emissions quickly. While I am a cosponsor of legislation to
create a 20 percent national renewable electricity standard,
complimenting Delaware's recently adopted standard, this compromise is
the first step in engaging with the Senate on this critical issue.
I regret that the House did not follow the lead of the Senate to
tackle increasing vehicle fuel economy. Reasonable CAFE standards are
both achievable and practical--and there is no question they would have
a positive impact on fuel consumption in this country. While the issue
of raising CAFE standards is not new and the proposals for how it
should be achieved differ, it is my hope Congress will come to an
agreement on a proposal that is both ambitious and achievable.
In the end, I supported the energy package, because it represents
important progress, but we clearly have much further to go. In fact,
scientists say that if we are to have a good chance of avoiding
potentially catastrophic repercussions of climate change, we must
reduce emissions 60 percent to 80 percent by 2050. Through cap-and-
trade, based on a sound energy policy foundation, Congress can deliver
the kind of reform business and industry need to grow the economy,
stabilize the climate, and create more diverse and secure sources of
energy. I sincerely hope the Speaker keeps the commitment to address
this critical issue when the Congress returns in the fall.
Mr. LANGEVIN. Mr. Chairman, it is with great pride that I rise in
support of H.R. 3221, which will help our nation take a major step
toward energy independence. I applaud the hard work and dedication of
Speaker Pelosi, Majority Leader Hoyer and the Democratic leadership, as
well as of the ten committees that contributed to this historic
legislation, which I am proud to cosponsor.
The Democratic Congress has made it a priority to enact a forward-
thinking energy policy that will strengthen our Nation. In January, the
House passed H.R. 6, the CLEAN Act, which laid the framework for a new
energy policy that guarantees access to affordable power, encourages
energy conservation efforts, and pursues increased use of
environmentally responsible and renewable sources of energy. Today we
take the next step in that endeavor by considering H.R. 3221. This
comprehensive bill includes a multitude of innovative programs and
common-sense solutions to improve energy efficiency, invest in
groundbreaking technologies, create the necessary infrastructure for
alternative fuels and ensure that our workforce is properly trained for
the economy of the future.
As I have said many times, we cannot dig or drill our way out of our
energy crisis. We need new strategies to develop sources of energy that
will move our Nation away from our reliance on oil and gas. This effort
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. Our nation has a
history of successfully accomplishing great tasks when we work
together, such as when we united to put a man on the moon. We need a
similar effort with our national energy policy, and I am confident that
the American people have the creativity, and resolve to succeed.
We are not only investing in a new energy policy for America, but we
are also doing it in a fiscally responsible manner. Gone are the days
of corporate welfare and tax dollar handouts to oil and gas companies
that are reaping record profits while consumers pay increasing prices
at the pump. This legislation rescinds wasteful subsidies and closes
loopholes that have allowed oil and gas companies to avoid taxation on
their income. Consequently, the new programs and investments contained
in this bill will not add to the deficit. In so doing, we demonstrate
our commitment not only to our Nation's energy security, but also to
its economic security.
Today we will consider an amendment offered by the gentleman from New
Mexico, Mr. Udall, to require electricity suppliers to have 15 percent
of their electricity come from renewable sources by 2020. As a
cosponsor of the gentleman's legislation to create a renewable
electricity standard, I strongly support the amendment and urge all my
colleagues to do so. I am proud to represent Rhode Island, one of more
than twenty states to have enacted laws to set targets for electricity
from renewable sources. Rhode Island has been ahead of the curve in
promoting clean electricity sources, but the federal government must
follow suit so that our entire Nation can reap the benefits of
renewable energy.
While I feel this bill could do more--particularly by increasing
vehicle fuel efficiency standards, which have not risen appreciably in
the last 20 years--I am proud that Congress is finally taking bold
steps toward establishing a new energy policy that invests in new
technologies, promotes the development of clean and renewable fuels and
moves us toward energy independence. I urge all my colleagues to
support this measure.
Mr. WYNN. Mr Chairman, If we are serious about achieving energy
independence and reducing global warming, Americans will have to change
the way we live, the way we drive, and most importantly, we will have
to change from conspicuous consumption to embrace the progressive
ideals of conservation. And Congress will have to promote these
changes, by making real investments in programs that reduce energy
consumption and reduce emissions.
This bill is a significant step toward these goals. However, it is
only the first step. Critically, this bill does not address emissions
caps or fuel efficiency standards, which the Energy and Commerce
Committee will tackle after the Recess.
Nonetheless, this bill does some very important things to promote a
new energy paradigm for America.
The bill creates national standards for heating and cooling systems,
and mandates improvements to building codes to save energy on new
buildings. The bill also contains lighting efficiency provisions based
on legislation offered by Congresswoman Jane Harman, to significantly
increase light bulb efficiency, and encourage the domestic production
of more efficient light bulbs by U.S. manufacturers. I was proud to
cosponsor that legislation, and am very pleased that it is in this
bill.
In the area of transportation, the bill provides loan guarantees for
plug-in hybrid vehicles and advanced battery development, and grants to
local governments to promote use of hybrid vehicles. This bill also
includes grants for cellulosic ethanol production and requirements for
renewable fuel pumps at what we have come to know as the ``gas''
station. This will increase market penetration of both renewable fuels
and flex-fuel vehicles.
In terms of electricity, the bill facilitates Smart Grid technology,
to enable consumers and utilities to digitally monitor power usage in
real-time, and use electricity more efficiently, by using power at
times when demand is lower, and reducing use when demand is high.
[[Page 23023]]
It is important that we move forward with Smart Grid now, and assist
technology innovators and manufacturers, as well as utilities, by
providing incentives to speed adoption of this new approach to our
electricity grid. This is one of the many areas where ``Green'' jobs
are being created.
During our hearings in the Energy and Commerce Committee, the U.S.
Conference of Mayors pointed out that if we are to achieve our energy
and emissions goals, we need a partnership between the Federal, State,
and City and County governments to address energy issues.
I was pleased to work on this issue with the Conference of Mayors,
and helped get authorization for $10 billion in Energy Efficiency Block
Grants included in this bill. Modeled after the HUD Community
Development Block Grant, this program will provide formula-based grants
to cities, counties, and States.
These grants would be used to: (1) fund building and home energy
conservation programs; (2) develop ``green'' building codes to promote
energy efficiency; (3) develop land use guidelines to promote energy
efficiency, increased use of public transportation, and reduce traffic
and commute times; and (4) other important local energy-saving
programs.
While much remains to be done, I believe this bill is an important
step towards increasing American energy efficiency, energy
independence, and reducing global warming.
I urge my colleagues' support of this important bill, so Americans
can start changing the way we live and our Government can begin to grow
the Green economy.
Mr. ETHERIDGE. Mr. Chairman, I rise today in support of H.R. 3221,
the New Direction for Energy Independence, National Security, and
Consumer Protection Act; and H.R. 2776, the Renewable Energy and Energy
Conservation Tax Act of 2007.
As forward thinking as this legislation is Madam Chairman, it is by
no means a perfect bill. This legislation contains a Renewable
Portfolio Standard for investor-owned electric companies that I voted
against, and remain opposed to as I believe it places an unfair burden
on my state of North Carolina and the other Southeastern states. It is
my hope that this RPS can be corrected in conference so that certain
states are not placed with the burden of funding initiatives in other
states.
These two pieces of legislation truly represent a new direction in
our nation's energy policy. This legislation will move the United
States toward greater energy independence and security by developing
innovative new technologies, reducing carbon emissions, creating green
jobs, protecting consumers, increasing clean renewable energy
production, and modernizing our energy infrastructure.
H.R. 3221 provides incentives that will increase research and
development in clean energy technologies, raise efficiency standards
for appliances and lighting, and direct the Federal Government to
become a leader in reducing energy use and greenhouse gas emissions.
H.R. 2771 will expand tax incentives and bonds for renewable energy,
energy efficiency and renewable fuels as well as incentives for
consumers to purchase plug-in hybrid electric vehicles and energy
efficient appliances.
This legislation will put our nation on a path towards energy
independence, it will strengthen national security, grow our economy,
and create new jobs. It does so by investing in the future, in new
energy technologies and innovation.
I urge my colleagues to support this legislation.
Ms. BALDWIN. Mr. Chairman, I rise in support of the New Direction for
Energy Independence Act.
Earlier this year, Speaker Nancy Pelosi challenged this Congress to
address energy independence and global warming. That charge was long
overdue, drastically needed, and vital to our national security, our
economy, and our environment.
Crafting this legislation represented our opportunity to chart a new
direction. And we have, by reducing our energy use, investing in our
future, and preparing for a post-petroleum economy; and, while there is
much work that lies ahead, this bill takes necessary first steps that
sets us on the right course.
The legislation will improve our Nation's energy efficiency, increase
the availability of renewable fuels, and enhance research efforts on
biofuels. Additionally, it will address smart grid technology and
ensure production of plug-in hybrid vehicles.
The provisions we've crafted will remove from the atmosphere carbon
dioxide emissions equivalent to those emitted from all of the cars
currently on the road. This bill truly will set a New Direction for
Energy Independence and I urge my colleagues to support its passage.
The Acting CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment printed in part A of House Report
110- 300 is adopted and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 3221
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New
Direction for Energy Independence, National Security, and
Consumer Protection Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--GREEN JOBS
Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training
program.
TITLE II--INTERNATIONAL CLIMATE COOPERATION RE-ENGAGEMENT ACT OF 2007
Sec. 2001. Short title.
Sec. 2002. Definitions.
Subtitle A--United States Policy on Global Climate Change
Sec. 2101. Congressional findings.
Sec. 2102. Congressional statement of policy.
Sec. 2103. Office on Global Climate Change.
Subtitle B--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
Sec. 2201. Congressional findings.
Sec. 2202. United States assistance for developing countries.
Sec. 2203. United States exports and outreach programs for India,
China, and other countries.
Sec. 2204. United States trade missions to encourage private sector
trade and investment.
Sec. 2205. Actions by Overseas Private Investment Corporation.
Sec. 2206. Actions by United States Trade and Development Agency.
Sec. 2207. Global Climate Change Exchange program.
Sec. 2208. Interagency Working Group to support a Clean Energy
Technology Exports Initiative.
Subtitle C--International Clean Energy Foundation
Sec. 2301. Definitions.
Sec. 2302. Establishment and management of Foundation.
Sec. 2303. Duties of Foundation.
Sec. 2304. Annual report.
Sec. 2305. Powers of the Foundation; related provisions.
Sec. 2306. General personnel authorities.
Sec. 2307. Authorization of appropriations.
TITLE III--SMALL ENERGY EFFICIENT BUSINESSES
Sec. 3001. Short title.
Sec. 3002. Findings.
Sec. 3003. Larger 504 loan limits to help business develop energy
efficient technologies and purchases.
Sec. 3004. Reduced 7(a) fees and higher loan guarantees for purchase of
energy efficient technologies.
Sec. 3005. Small Business Sustainability Initiative.
Sec. 3006. Small Business Administration to educate and promote energy
efficiency ideas to small businesses and work with the
small business community to make such information widely
available.
Sec. 3007. Energy saving debentures.
Sec. 3008. Investments in energy saving small businesses.
Sec. 3009. Renewable fuel capital investment company.
Sec. 3010. Study and report.
TITLE IV--SCIENCE AND TECHNOLOGY
Subtitle A--Advanced Research Projects Agency-Energy
Sec. 4001. Advanced Research Projects Agency-Energy.
Sec. 4002. Fund.
Sec. 4003. Advice.
Sec. 4004. ARPA-E evaluation.
Sec. 4005. Savings clause.
Subtitle B--Marine Renewable Energy Technologies
Sec. 4101. Short title.
Sec. 4102. Findings.
Sec. 4103. Definitions.
Sec. 4104. Marine renewable energy research and development.
Sec. 4105. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 4106. Applicability of other laws.
Sec. 4107. Authorization of appropriations.
Subtitle C--Geothermal Energy
Sec. 4201. Short title.
Sec. 4202. Findings.
Sec. 4203. Definitions.
Sec. 4204. Hydrothermal research and development.
Sec. 4205. General geothermal systems research and development.
Sec. 4206. Enhanced geothermal systems research and development.
[[Page 23024]]
Sec. 4207. Geothermal energy production from oil and gas fields and
recovery and production of geopressured gas resources.
Sec. 4208. Cost sharing and proposal evaluation.
Sec. 4209. Centers for Geothermal Technology Transfer.
Sec. 4210. GeoPowering America.
Sec. 4211. Educational pilot program.
Sec. 4212. Reports.
Sec. 4213. Applicability of other laws.
Sec. 4214. Authorization of appropriations.
Subtitle D--Solar Energy
Sec. 4301. Short title.
Sec. 4302. Definitions.
Sec. 4303. Thermal energy storage research and development program.
Sec. 4304. Concentrating solar power commercial application studies.
Sec. 4305. Solar energy curriculum development and certification
grants.
Sec. 4306. Daylighting systems and direct solar light pipe technology.
Sec. 4307. Solar Air Conditioning Research and Development Program.
Sec. 4308. Photovoltaic demonstration program.
Subtitle E--Biofuels
Sec. 4401. Short title.
Sec. 4402. Biofuels and biorefinery information center.
Sec. 4403. Biofuels and advanced biofuels infrastructure.
Sec. 4404. Biodiesel.
Sec. 4405. Biogas.
Sec. 4406. Bioresearch centers for systems biology program.
Sec. 4407. Grants for biofuel production research and development in
certain States.
Sec. 4408. Biorefinery energy efficiency.
Sec. 4409. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 4410. Study of optimization of flexible fueled vehicles to use E-
85 fuel.
Sec. 4411. Study of engine durability and performance associated with
the use of biodiesel.
Sec. 4412. Bioenergy research and development, authorization of
appropriation.
Sec. 4413. Environmental research and development.
Sec. 4414. Study of optimization of biogas used in natural gas
vehicles.
Sec. 4415. Standards for biofuels dispensers.
Sec. 4416. Algal biomass.
Subtitle F--Carbon Capture and Storage
Sec. 4501. Short title.
Sec. 4502. Carbon capture and storage research, development, and
demonstration program.
Sec. 4503. Review of large-scale programs.
Sec. 4504. Safety research.
Sec. 4505. Geological sequestration training and research.
Sec. 4506. University based research and development grant program.
Subtitle G--Global Change Research
Sec. 4601. Short title.
Part 1--Global Change Research
Sec. 4611. Findings and purpose.
Sec. 4612. Definitions.
Sec. 4613. Interagency cooperation and coordination.
Sec. 4614. United States Global Change Research Program.
Sec. 4615. National Global Change Research and Assessment Plan.
Sec. 4616. Budget coordination.
Sec. 4617. Vulnerability assessment.
Sec. 4618. Policy assessment.
Sec. 4619. Annual report.
Sec. 4620. Relation to other authorities.
Sec. 4621. Repeal.
Sec. 4622. Global change research information.
Sec. 4623. Ice sheet study and report.
Sec. 4624. Hurricane frequency and intensity study and report.
Part 2--Climate and Other Global Change Data Management
Sec. 4631. Findings and purposes.
Sec. 4632. Definitions.
Sec. 4633. Interagency climate and other global change data management
working group.
Subtitle H--H-Prize
Sec. 4701. H-Prize.
TITLE V--AGRICULTURE ENERGY
Sec. 5001. Table of contents.
Sec. 5002. Federal procurement of biobased products.
Sec. 5003. Loan guarantees for biorefineries and biofuel production
plants.
Sec. 5004. Biodiesel fuel education program.
Sec. 5005. Energy audit and renewable energy development program.
Sec. 5006. Renewable energy systems and energy efficiency improvements.
Sec. 5007. Biomass Research and Development Act of 2000.
Sec. 5008. Adjustments to the bioenergy program.
Sec. 5009. Research, extension, and educational programs on biobased
energy technologies and products.
Sec. 5010. Energy Council of the Department of Agriculture.
Sec. 5011. Forest bioenergy research program.
Sec. 5012. Feedstock Flexibility Program for bioenergy producers.
TITLE VI--CARBON-NEUTRAL GOVERNMENT
Sec. 6001. Short title.
Sec. 6002. Findings.
Subtitle A--Federal Government Inventory and Management of Greenhouse
Gas Emissions
Sec. 6101. Inventory of Federal Government Greenhouse Gas Emissions.
Sec. 6102. Management of Federal Government Greenhouse Gas Emissions.
Sec. 6103. Pilot project for purchase of offsets and certificates.
Sec. 6104. Impact on agency's primary mission.
Sec. 6105. Savings Clause.
Sec. 6106. Definitions.
Sec. 6107. Authorization of appropriations.
Subtitle B--Federal Government Energy Efficiency
Sec. 6201. Federal vehicle fleets.
Sec. 6202. Agency analyses for mobility acquisitions.
Sec. 6203. Federal procurement of energy efficient products.
Sec. 6204. Federal building energy efficiency performance standards.
Sec. 6205. Management of Federal building efficiency.
Sec. 6206. Leasing.
Sec. 6207. Procurement and acquisition of alternative fuels.
Sec. 6208. Contracts for renewable energy for executive agencies.
Sec. 6209. Government Efficiency Status Reports.
Sec. 6210. OMB Government Efficiency Reports and Scorecards.
Sec. 6211. Authorization of appropriations.
Sec. 6212. Judicial review.
TITLE VII--NATURAL RESOURCES COMMITTEE PROVISIONS
Sec. 7001. Short title.
Subtitle A--Energy Policy Act of 2005 Reforms
Sec. 7101. Fiscally responsible energy amendments.
Sec. 7102. Extension of deadline for consideration of applications for
permits.
Sec. 7103. Oil shale and tar sands leasing.
Sec. 7104. Limitation of rebuttable presumption regarding application
of categorical exclusion under NEPA for oil and gas
exploration and development activities.
Sec. 7105. Best management practices.
Sec. 7106. Federal consistency appeals.
Subtitle B--Federal Energy Public Accountability, Integrity, and Public
Interest
Chapter 1--Accountability and Integrity in the Federal Energy Program
Sec. 7201. Audits.
Sec. 7202. Fines and penalties.
Chapter 2--Amendments to Federal Oil and Gas Royalty Management Act of
1982
Sec. 7211. Amendments to definitions.
Sec. 7212. Interest.
Sec. 7213. Obligation period.
Sec. 7214. Tolling agreements and subpoenas.
Sec. 7215. Liability for royalty payments.
Chapter 3--Public Interest in the Federal Energy Program
Sec. 7221. Surface owner protection.
Sec. 7222. Onshore oil and gas reclamation and bonding.
Sec. 7223. Protection of water resources.
Sec. 7224. Due diligence fee.
Chapter 4--Wind Energy
Sec. 7231. Wind Turbine Guidelines Advisory Committee.
Sec. 7232. Authorization of appropriations for research to study wind
energy impacts on wildlife.
Sec. 7233. Enforcement.
Sec. 7234. Savings clause.
Chapter 5--Enhancing Energy Transmission
Sec. 7241. Power Marketing Administrations report.
Subtitle C--Alternative Energy and Efficiency
Sec. 7301. State ocean and coastal alternative energy planning.
Sec. 7302. Canal-side power production at Bureau of Reclamation
projects.
Sec. 7303. Increasing energy efficiencies for water desalination.
Sec. 7304. Establishing a pilot program for the development of
strategic solar reserves on Federal lands.
Sec. 7305. OTEC regulations.
Sec. 7306. Biomass utilization pilot program.
Sec. 7307. Programmatic environmental impact statement.
Subtitle D--Carbon Capture and Climate Change Mitigation
Chapter 1--Geological Sequestration Assessment
Sec. 7401. Short title.
Sec. 7402. National assessment.
Chapter 2--Terrestrial Sequestration Assessment
Sec. 7421. Requirement to conduct an assessment.
[[Page 23025]]
Sec. 7422. Methodology.
Sec. 7423. Completion of assessment and report.
Sec. 7424. Authorization of appropriations.
Chapter 3--Sequestration Activities
Sec. 7431. Carbon dioxide storage inventory.
Sec. 7432. Framework for geological carbon sequestration on Federal
lands.
Chapter 4--Natural Resources and Wildlife Programs
subchapter a--natural resources management and climate change
Sec. 7441. Natural Resources Management Council on Climate Change.
subchapter b--national policy and strategy for wildlife
Sec. 7451. Short title.
Sec. 7452. National policy on wildlife and global warming.
Sec. 7453. Definitions.
Sec. 7454. National strategy.
Sec. 7455. Advisory board.
Sec. 7456. Authorization of appropriations.
subchapter c--state and tribal wildlife grants program
Sec. 7461. State and Tribal Wildlife Grants Program.
Chapter 5--Ocean Programs
Sec. 7471. Ocean Policy, Global Warming, and Acidification Program.
Sec. 7472. Planning for climate change in the coastal zone.
Sec. 7473. Enhancing climate change predictions.
Subtitle E--Royalties Under Offshore Oil and Gas Leases
Sec. 7501. Short title.
Sec. 7502. Price thresholds for royalty suspension provisions.
Sec. 7503. Clarification of authority to impose price thresholds for
certain lease sales.
Sec. 7504. Eligibility for new leases and the transfer of leases;
conservation of resources fees.
Sec. 7505. Repeal of certain taxpayer subsidized royalty relief for the
oil and gas industry.
Subtitle F--Additional Provisions
Sec. 7601. Oil shale community impact assistance.
Sec. 7602. Additional notice requirements.
Sec. 7603. Davis-Bacon Act.
Sec. 7604. Roan Plateau, Colorado.
TITLE VIII--TRANSPORTATION AND INFRASTRUCTURE
Sec. 8001. Short title.
Sec. 8002. Findings and purposes.
Subtitle A--Department of Transportation
Sec. 8101. Center for climate change and environment.
Subtitle B--Highways and Transit
Part 1--Public Transportation
Sec. 8201. Grants to improve public transportation services.
Sec. 8202. Increased Federal share for Clean Air Act compliance.
Sec. 8203. Commuter rail transit enhancement.
Part 2--Federal-Aid Highways
Sec. 8251. Increased Federal share for CMAQ projects.
Sec. 8252. Distribution of rescissions.
Sec. 8253. Sense of Congress regarding use of complete streets design
techniques.
Subtitle C--Railroad and Pipeline Transportation
Part 1--Railroads
Sec. 8301. Advanced technology locomotive grant pilot program.
Sec. 8302. Capital grants for railroad track.
Part 2--Pipelines
Sec. 8311. Feasibility studies.
Subtitle D--Maritime Transportation
Part 1--General Provisions
Sec. 8401. Short sea transportation initiative.
Sec. 8402. Short sea shipping eligibility for capital construction
fund.
Sec. 8403. Report.
Part 2--Maritime Pollution
Sec. 8451. References.
Sec. 8452. Definitions.
Sec. 8453. Applicability.
Sec. 8454. Administration and enforcement.
Sec. 8455. Certificates.
Sec. 8456. Reception facilities.
Sec. 8457. Inspections.
Sec. 8458. Amendments to the protocol.
Sec. 8459. Penalties.
Sec. 8460. Effect on other laws.
Subtitle E--Aviation
Sec. 8501. Environmental mitigation pilot program.
Subtitle F--Public Buildings
Part 1--General Services Administration
Sec. 8601. Public building energy efficient and renewable energy
systems.
Sec. 8602. Public building life-cycle costs.
Sec. 8603. Installation of photovoltaic system at department of energy
headquarters building.
Part 2--Coast Guard
Sec. 8631. Prohibition on incandescent lamps by Coast Guard.
Part 3--Architect of the Capitol
Sec. 8651. Capitol complex photovoltaic roof feasibility study.
Sec. 8652. Capitol complex E-85 refueling station.
Sec. 8653. Energy and environmental measures in Capitol complex master
plan.
Sec. 8654. Capitol Power Plant.
Sec. 8655. Promoting maximum efficiency in operation of Capitol Power
Plant.
Sec. 8656. Promoting maximum efficiency in operation of Capitol Power
Plant.
Subtitle G--Water Resources and Emergency Management Preparedness
Part 1--Water Resources
Sec. 8701. Policy of the United States.
Sec. 8702. 21st Century Water Commission.
Sec. 8703. Study of Potential Impacts of Climate Change on Water
Resources and Water Quality.
Sec. 8704. Impacts of climate change on Corps of Engineers projects.
Part 2--Emergency Management
Sec. 8731. Effects of climate change on FEMA preparedness, response,
recovery, and mitigation programs.
TITLE IX--ENERGY AND COMMERCE
Subtitle A--Promoting Energy Efficiency
Sec. 9000. Short title.
Part 1--Appliance Efficiency
Sec. 9001. Energy standards for home appliances.
Sec. 9002. Electric motor efficiency standards.
Sec. 9003. Residential boilers.
Sec. 9004. Regional variations in heating or cooling standards.
Sec. 9005. Procedure for prescribing new or amended standards.
Sec. 9006. Expediting appliance standards rulemakings.
Sec. 9007. Correction of large air conditioner rule issuance
constraint.
Sec. 9008. Definition of energy conservation standard.
Sec. 9009. Improving schedule for standards updating and clarifying
State authority.
Sec. 9010. Updating appliance test procedures.
Sec. 9011. Furnace fan standard process.
Sec. 9012. Technical corrections.
Sec. 9013. Energy efficient standby power devices.
Sec. 9014. External power supply efficiency standards.
Sec. 9015. Standby mode.
Sec. 9016. Battery chargers.
Sec. 9017. Walk-in coolers and walk-in freezers.
Part 2--Lighting Efficiency
Sec. 9021. Efficient light bulbs.
Sec. 9022. Incandescent reflector lamps.
Sec. 9023. Use of energy efficient lighting fixtures and bulbs.
Sec. 9024. Metal halide lamp fixtures.
Part 3--Residential Building Efficiency
Sec. 9031. Encouraging stronger building codes.
Sec. 9032. Energy code improvements applicable to manufactured housing.
Sec. 9033. Baseline building designs.
Sec. 9034. Reauthorization of weatherization assistance program.
Part 4--Commercial and Federal Building Efficiency
Sec. 9041. Definitions.
Sec. 9042. High-performance green Federal buildings.
Sec. 9043. Commercial high-performance green buildings.
Sec. 9044. Zero-energy commercial buildings initiative.
Sec. 9045. Public outreach.
Sec. 9046. Federal procurement.
Sec. 9047. Management of energy and water efficiency in Federal
buildings.
Sec. 9048. Demonstration project.
Sec. 9049. Energy efficiency for data center buildings.
Sec. 9050. Authorization of appropriations.
Sec. 9051. Study and report on use of power management software.
Sec. 9052. High-performance green buildings retrofit loan guarantees.
Part 5--Industrial Energy Efficiency
Sec. 9061. Industrial energy efficiency.
Part 6--Energy Efficiency of Public Institutions
Sec. 9071. Short title.
Sec. 9072. Findings.
Sec. 9073. Definitions.
Sec. 9074. Technical Assistance Program.
Sec. 9075. Revolving Fund.
Sec. 9076. Reauthorization of State energy programs.
Part 7--Energy Savings Performance Contracting
Sec. 9081. Definition of energy savings.
Sec. 9082. Financing flexibility.
Sec. 9083. Authority to enter into contracts; reports.
Sec. 9084. Permanent reauthorization.
Sec. 9085. Training Federal contracting officers to negotiate energy
efficiency contracts.
Sec. 9086. Promoting long-term energy savings performance contracts and
verifying savings.
Part 8--Advisory Committee on Energy Efficiency Financing
Sec. 9089. Advisory committee.
[[Page 23026]]
Part 9--Energy Efficiency Block Grant Program
Sec. 9091. Definitions.
Sec. 9092. Establishment of program.
Sec. 9093. Allocations.
Sec. 9094. Eligible activities.
Sec. 9095. Requirements.
Sec. 9096. Review and evaluation.
Sec. 9097. Technical Assistance and Education Program.
Sec. 9098. Authorization of appropriations.
Subtitle B--Smart Grid Facilitation
Sec. 9101. Short title.
Part 1--Smart Grid
Sec. 9111. Statement of policy on modernization of electricity grid.
Sec. 9112. Grid Modernization Commission.
Sec. 9113. Grid assessment and report.
Sec. 9114. Federal matching fund for smart grid investment costs.
Sec. 9115. Smart Grid technology deployment.
Sec. 9116. Smart Grid Information Requirements.
Sec. 9117. State consideration of incentives for Smart Grid.
Sec. 9118. DOE study of security attributes of Smart Grid systems.
Part 2--Demand Response
Sec. 9121. Electricity sector demand response.
Subtitle C--Loan Guarantees
Sec. 9201. Amount of loans guaranteed.
Sec. 9202. Exclusion of categories.
Subtitle D--Renewable Fuel Infrastructure and International Cooperation
Part 1--Renewable Fuel Infrastructure
Sec. 9301. Renewable fuel infrastructure development.
Sec. 9302. Prohibition on franchise agreement restrictions related to
renewable fuel infrastructure.
Sec. 9303. Renewable fuel dispenser requirements.
Sec. 9304. Pipeline feasibility study.
Sec. 9305. Study of ethanol-blended gasoline with greater levels of
ethanol.
Sec. 9306. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 9307. Standard specifications for biodiesel.
Sec. 9308. Grants for cellulosic ethanol production.
Sec. 9309. Consumer education campaign relating to flexible-fuel
vehicles.
Sec. 9310. Review of new renewable fuels or new renewable fuel
additives.
Sec. 9311. Domestic manufacturing conversion grant program.
Sec. 9312. Cellulosic ethanol and biofuels research.
Sec. 9313. Federal fleet fueling centers.
Sec. 9314. Study of impact of increased renewable fuel use.
Sec. 9315. Grants for renewable fuel production research and
development in certain States.
Sec. 9316. Study of effect of oil prices.
Sec. 9317. Biodiesel as alternative fuel for CAFE purposes.
Part 2--United States-Israel Energy Cooperation
Sec. 9321. Short title.
Sec. 9322. Findings.
Sec. 9323. Grant program.
Sec. 9324. International Energy Advisory Board.
Sec. 9325. Definitions.
Sec. 9326. Termination.
Sec. 9327. Authorization of appropriations.
Sec. 9328. Constitutional authority.
Subtitle E--Advanced Plug-In Hybrid Vehicles and Components
Sec. 9401. Advanced battery loan guarantee program.
Sec. 9402. Domestic manufacturing conversion grant program.
Sec. 9403. Plug-in hybrid vehicle program.
Sec. 9404. Plug-in hybrid demonstration vehicles.
Sec. 9405. Incentive for Federal and State fleets for medium and heavy
duty hybrids.
Sec. 9406. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 9407. Near-term electric drive transportation deployment program.
Sec. 9408. Studying the benefits of plug-in hybrid electric drive
vehicles and electric drive transportation.
Subtitle F--Availability of Critical Energy Information
Sec. 9501. Findings.
Sec. 9502. Assessment of resources.
TITLE I--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 affected by national energy and environmental
policy;
``(II) individuals in need of updated training related to
the energy efficiency and renewable energy industries; and
``(III) veterans, or past and present members of reserve
components of the Armed Forces;
``(IV) unemployed workers;
``(V) individuals, including at-risk youth, seeking
employment pathways out of poverty and into economic self-
sufficiency; and
``(VI) formerly incarcerated, adjudicated, non-violent
offenders;
``(ii) energy efficiency and renewable energy industries
eligible to participate in a program under this subsection
include--
``(I) the energy-efficient building, construction, and
retrofits industries;
``(II) the renewable electric power industry;
``(III) the energy efficient and advanced drive train
vehicle industry;
``(IV) the biofuels industry;
``(V) the deconstruction and materials use industries;
``(VI) the energy efficiency assessment industry serving
the residential, commercial, or industrial sectors; and
``(VII) manufacturers that produce sustainable products
using environmentally sustainable processes and materials.
``(2) Activities.--
``(A) National research program.--Under the program
established under paragraph (1), the Secretary, acting
through the Bureau of Labor Statistics, where appropriate,
shall collect and analyze labor market data to track
workforce trends resulting from energy-related initiatives
carried out under this subsection. Activities carried out
under this paragraph shall include--
``(i) tracking and documentation of academic and
occupational competencies as well as future skill needs with
respect to renewable energy and energy efficiency technology;
``(ii) tracking and documentation of occupational
information and workforce training data with respect to
renewable energy and energy efficiency technology;
``(iii) collaborating with State agencies, workforce
investments boards, industry, organized labor, and community
and nonprofit organizations to disseminate information on
successful innovations for labor market services and worker
training with respect to renewable energy and energy
efficiency technology;
``(iv) serving as a clearinghouse for best practices in
workforce development, job placement, and collaborative
training partnerships;
``(v) promoting the establishment of workforce training
initiatives with respect to renewable energy and energy
efficiency technologies; and
``(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;
``(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, as such districts are established
by the Secretary of Energy.
``(ii) Eligibility.--To be eligible to receive a grant
under clause (i), an entity shall be a non-profit 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, 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
[[Page 23027]]
grant, target populations of workers who would benefit from
activities related to energy efficiency and renewable energy
industries; and
``(cc) the ability to help workers 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 non-profit 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 worker investment agency one-
stop career centers, community based organizations, 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 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 subparagraph (C)(ii),
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 at least 10
competitive grants 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 poverty threshold (as determined by the
Bureau of the Census) or a self-sufficiency standard for the
local areas where the training is conducted that specifies
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 non-profit 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 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
``(VI) link adult remedial education with occupational
skills training.
``(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 subparagraphs (B), (D), or (E) of
paragraph (2) shall be coordinated with existing systems or
providers, as appropriate. Such activities may include--
``(i) occupational skills training, including curriculum
development, on-the-job training, and classroom training;
``(ii) safety and health training;
``(iii) the provision of basic skills, literacy, GED,
English as a second language, and job readiness training;
``(iv) individual referral and tuition assistance for a
community college training program, or any training program
leading to an industry-recognized certificate;
``(v) internship programs in fields related to energy
efficiency and renewable energy;
``(vi) customized training in conjunction with an existing
registered apprenticeship program or labor-management
partnership;
``(vii) career ladder and upgrade training;
``(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.--
[[Page 23028]]
``(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 subparagraph (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 State and
local 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 Congress 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
Congress 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 II--INTERNATIONAL CLIMATE COOPERATION RE-ENGAGEMENT ACT OF 2007
SEC. 2001. SHORT TITLE.
This title may be cited as the ``International Climate
Cooperation Re-engagement Act of 2007''.
SEC. 2002. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Clean and efficient energy technology.--The term
``clean and efficient energy technology'' means an energy
supply or end-use technology--
(A) such as--
(i) solar technology;
(ii) wind technology;
(iii) geothermal technology;
(iv) hydroelectric technology; and
(v) carbon capture technology; and
(B) that, over its life cycle and compared to a similar
technology already in commercial use--
(i) is reliable, affordable, economically viable, socially
acceptable, and compatible with the needs and norms of the
country involved;
(ii) results in--
(I) reduced emissions of greenhouse gases; or
(II) increased geological sequestration; and
(iii) may--
(I) substantially lower emissions of air pollutants; or
(II) generate substantially smaller or less hazardous
quantities of solid or liquid waste.
(3) Geological sequestration.--The term ``geological
sequestration'' means the capture and long-term storage in a
geological formation of a greenhouse gas from an energy
producing facility, which prevents the release of greenhouse
gases into the atmosphere.
(4) 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--United States Policy on Global Climate Change
SEC. 2101. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) There is a global scientific consensus, as established
by the Intergovernmental Panel on Climate Change (IPCC) and
confirmed by the National Academy of Sciences, that the
continued build-up of anthropogenic greenhouse gases in the
atmosphere has been, and is now warming the earth and
threatens the stability of the global climate. By the
estimate of the IPCC, unmitigated global greenhouse gas
emissions could drive up global temperatures by as much as 7
to 11 degrees Fahrenheit by 2100.
(2) Climate change is already having significant impacts in
certain regions of the world and on many ecosystems, with
poor populations being most vulnerable.
(3) Climate change is a global problem that can only be
managed by a coordinated global response that reduces global
emissions of greenhouse gases to a level that stabilizes
their concentration in the Earth's atmosphere.
(4) The United Nations Framework Convention on Climate
Change (hereinafter in this section referred to as the
``Convention'') establishes a viable foundation to construct
a global regime to combat global warming and manage its
impacts.
(5) The United States, along with 189 other countries, is a
party to the Convention, agreed to in New York on May 9,
1992, and entered into force in 1994. The Convention's stated
objective is ``to achieve stabilization of greenhouse gas
concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate
system''.
(6) The Kyoto Protocol to the Convention was adopted by the
third Convention Conference of the Parties (COP-3) in
December 1997, in Kyoto, Japan, and stipulated legally
binding reductions in greenhouse gas emissions at an average
of 5.2 percent below 1990 levels for industrialized
countries, but it did not specify policies for its
implementation. The Kyoto Protocol also did not stipulate
binding reductions in greenhouse gas emissions for rapidly
industrializing countries such as China, India, and Brazil.
(7) Before negotiations were completed on the mechanisms
for implementing Kyoto Protocol commitments on greenhouse gas
emissions, George W. Bush took office as President of the
United States, and in March 2001, announced opposition to
continued negotiations over implementation of the Protocol,
stating that the Protocol was ``fatally flawed'' from the
Administration's point of view.
(8) President Bush unveiled an ``alternative'' strategy to
the Kyoto Protocol for halting global warming on February 14,
2002. The President's plan did not contain any international
component to amend or supplant the Kyoto Protocol or any kind
of blueprint for committing major developing economies such
as China, India, and Brazil to reduce future greenhouse gas
emissions. The President's plan set a voluntary ``greenhouse
gas intensity'' target for the United States that specified
an 18 percent reduction in ``emissions intensity'' by 2012.
This reduction would allow actual emissions to increase by at
least 12 percent over the same period.
(9) On February 16, 2005, after Russia's ratification, the
Kyoto Protocol entered into force. With entry into force, the
emissions targets of the Protocol became legally binding
commitments for those industrialized countries that ratified
the Protocol. Because the United States and Australia did not
ratify the Protocol, and because developing countries are not
subject to its limits, the Protocol currently restricts the
emissions of countries accounting for only 32 percent of
global greenhouse gas emissions.
(10) The Kyoto Protocol required that parties to the
Protocol begin negotiating in 2005 toward a second round of
commitments to begin after the expiration of the first
emissions budget period in 2012. The eleventh Convention
Conference of the Parties (COP-11) in November and December
2005 in Montreal, Canada launched the negotiations on the
second round of commitments by parties to the Protocol and
initiated a dialogue (a ``parallel process'') under the
Convention that engaged both the United States and developing
countries in discussions on future efforts.
(11) At the twelfth Convention Conference of the Parties
(COP-12) in November 2006 in Nairobi, Kenya, parties
continued discussions on a second round of commitments under
the Kyoto Protocol as a successor to the first commitment
period (2008 through 2012) and, in the parallel process,
discussed enhanced cooperation under the Convention that
would engage countries that did not have commitments under
the Protocol.
(12) At a summit in Brussels, Belgium in March 2007, the
head of governments of the European Union committed its
Member States to cut greenhouse gas emissions 20 percent
below 1990 levels by 2020 and committed to move this target
up to 30 percent
[[Page 23029]]
if the United States and other major emitters joined the
commitment.
(13) On April 17, 2007, the United Nations Security Council
held its first ever ``open meeting'' on the impact of climate
change on international security. British Foreign Secretary
Margaret Beckett, in her capacity as President of the
Security Council, declared in her opening statement that the
Council has a ``security imperative'' to tackle climate
change because it can exacerbate problems that cause
conflicts and because it threatens the entire planet. United
Nations Secretary-General Ban Ki-moon told the Council that
``issues of energy and climate change have implications for
peace and security''.
(14) Working Group III of the IPCC met from April 30
through May 4, 2007, in Bangkok, Thailand to assess
technologies and policies needed to avert dangerous climate
change and to provide background for negotiations on a post-
2012 climate change regime. The draft report by the IPCC
Working Group III concludes that by quickly adopting
technological options that are available or are being
developed, the global concentration of greenhouse gases in
the atmosphere can be stabilized at 450-550 parts per million
(ppm). The IPCC scientists believe that a 450 to 550 ppm
ceiling might limit the global rise in temperatures to no
more than 3.6 degrees Fahrenheit and avert impacts of
escalating scale, scope, and costs, potentially including the
destabilization of large polar ice sheets that could
contribute to long-term, catastrophic sea level rise at
higher temperatures.
(15) The United Nations Secretary-General Ban Ki-moon has
indicated that one of his top goals is to forge a more
comprehensive agreement under the Convention to ensure there
is no gap when the first commitment period under the Kyoto
Protocol ends in 2012. In order to reach this goal, critical
negotiations involving all of the major greenhouse gas
emitters, along with the vulnerable countries, must be
initiated immediately and be completed by 2009. On May 1,
2007, the Secretary-General named three Special Envoys on
Climate Change to assist in ``consultations with
Governments''. The Secretary-General will host a ``high-level
meeting'' on climate change at the United Nations General
Assembly in September 2007 to give ``political direction'' to
the thirteenth Convention Conference of the Parties (COP-13)
to take place in December 2007 in Bali, Indonesia.
SEC. 2102. CONGRESSIONAL STATEMENT OF POLICY.
Congress declares the following to be the policy of the
United States:
(1) To promote United States and global security through
leadership in cooperation with other nations of the global
effort to reduce and stabilize global greenhouse gas
emissions and stabilize atmospheric concentration of such
gases. As such, the United States will seek to obtain
mitigation commitments from all major greenhouse gas emitting
countries under the institutional framework provided by the
United Nations Framework Convention on Climate Change
(hereinafter in this section referred to as the
``Convention'').
(2) To facilitate progress in global negotiations toward a
comprehensive agreement under the Convention, and in service
of this goal, the United States will, during the course of
2007, engage in high level dialogue on climate change within
the Group of Eight (G-8), with the European Union, with Japan
and other industrialized countries, and with China, India,
Brazil, and other major developing countries. The United
States will also participate in the initiative of the United
Nations Secretary-General to build consensus among
governments on enhanced international cooperation on these
matters.
(3) To participate more actively and constructively in the
intergovernmental climate change process, including at the
thirteenth Convention Conference of the Parties (COP-13) to
take place in December 2007 in Bali, Indonesia. As such, at
the COP-13 meeting, the United States will be represented by
a high-level delegation composed of climate experts and
career foreign service officers with extensive diplomatic
experience, including experience in multi-lateral
negotiations, headed by the Secretary of State, the
Secretary's Deputy, or the Undersecretary for Global Affairs
of the Department of State.
(4) To engage in serious discussion of possible future
commitments under the Convention. These discussions will seek
to develop a plan of action and time-table with the goal of
adopting a new international agreement under the Convention
that stipulates commitments from all major greenhouse gas
emitters, including the United States and other countries
listed in Annex 1 to the Convention, China, India, and
Brazil, at the fifteenth Convention Conference of the Parties
(COP-15) to take place in 2009. This process will seek as its
objective that a new instrument will come into force by the
time the first commitment period under the Kyoto Protocol
ends in 2012.
(5) To protect United States national and economic
interests and United States competitiveness in all sectors by
negotiating a new agreement under the Convention that is cost
effective, comprehensive, flexible, and equitable. Such an
agreement shall, at a minimum--
(A) require binding mitigation commitments from all major
emitting countries based on their level of development;
(B) provide for different forms of commitments, including
economy-wide emissions targets, policy-based commitments,
sectoral agreements, and no-regrets targets;
(C) increase cooperation on clean and efficient energy
technologies and practices;
(D) target all greenhouse gases, including sources, sinks,
and reservoirs of greenhouse gases, and should expand the
current scope of the Kyoto Protocol and Convention to sectors
not covered, such as the international aviation and maritime
sectors;
(E) include mechanisms to harness market-based solutions,
building upon the joint implementation, clean development
mechanism, and international emissions trading developed
under the Protocol;
(F) include incentives for sustainable forestry management
that reflect the value of avoided deforestation;
(G) address the need for adaptation, especially for the
most vulnerable and poorest countries on the planet;
(H) consider the impact on United States industry and
contain effective mechanisms to protect United States
competitiveness; and
(I) include the perspectives and address the concerns of
impacted indigenous and tribal populations.
(6) To seek international consensus on long-term objectives
including a target range for stabilizing greenhouse gas
concentrations. The target range should reflect the consensus
recommendations of Intergovernmental Panel on Climate Change
(IPCC) scientists, who believe that concentrations of
greenhouse gases in the Earth's atmosphere must be stabilized
at a level that would provide a reasonable chance of limiting
the rise in global temperatures to a level that might avert
the most dangerous impacts of climate change.
SEC. 2103. OFFICE ON GLOBAL CLIMATE CHANGE.
(a) Establishment of Office.--There is established within
the Department of State an Office on Global Climate Change
(hereinafter in this section referred to as the ``Office'').
(b) Head of Office.--
(1) In general.--The head of the Office shall be the
Ambassador-at-Large for Global Climate Change (hereinafter in
this section referred to as the ``Ambassador-at-Large'').
(2) Appointment.--The Ambassador-at-Large shall be
appointed by the President, by and with the advice and
consent of the Senate.
(c) Duties.--
(1) In general.--The primary responsibility of the
Ambassador-at-Large shall be to advance the goals of the
United States with respect to reducing the emissions of
global greenhouse gases and addressing the challenges posed
by global climate change.
(2) Advisory role.--The Ambassador-at-Large--
(A) shall be a principal adviser to the President and the
Secretary of State on matters relating to global climate
change; and
(B) shall make recommendations to the President and the
Secretary of State on policies of the United States
Government with respect to international cooperation on
reducing the emission of global greenhouse gases and
addressing the challenges posed by global climate change.
(3) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador-at-
Large is authorized to represent the United States in matters
relating to global climate change in--
(A) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United
Nations, the Organization on Security and Cooperation in
Europe, and other international organizations of which the
United States is a member; and
(B) multilateral conferences and meetings relating to
global climate change.
(d) Funding.--The Secretary of State shall provide the
Ambassador-at-Large with such funds as may be necessary for
the hiring of staff for the Office, the conduct of
investigations by the Office, and for necessary travel to
carry out the provisions of this section.
(e) Report.--Not later than September 1 of each year, the
Secretary of State, with the assistance of the Ambassador-at-
Large, shall prepare and submit to the appropriate
congressional committees a report on the strategy, policies,
and actions of the United States for reducing the emissions
of global greenhouse gases and addressing the challenges
posed of global climate change.
Subtitle B--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
SEC. 2201. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) Several provisions of the Energy Policy Act of 1992
were designed to expand Federal programs that support
renewable energy and energy efficient equipment exports and
to broaden the portfolio of programs to include training and
technology transfer activities that help promote development
in less industrialized nations, expand global markets, and
reduce greenhouse gas emissions. However, few of the export-
related provisions of the Energy Policy Act of 1992 were
implemented due to a lack of Federal funding.
[[Page 23030]]
(2) In 2000, Congress called for several United States
Government agencies to create an Interagency Working Group to
support a Clean Energy Technology Exports Initiative to use
the combined resources of various agencies to promote the
export of clean energy technologies abroad. The Initiative
also suffered from low levels of Federal funding and has not
produced significant results.
(3) Large and emerging economies, such as India and China,
play significant roles in the global energy security system
as large consumers of energy and should be included as member
countries in the International Energy Agency to strengthen
the common interest of importers in encouraging transparent
energy markets and in planning for supply disruptions.
(4) The challenge of energy security severely affects
developing countries where over 1.6 billion people lack
access to affordable energy services. In these nations, a
lack of transparency and accountability creates a climate of
mistrust for investors; bilateral and multilateral lending
institutions do not provide sufficient incentives to
companies investing in clean and efficient energy
technologies; women and children suffer disproportionately
due to the lack of energy services; inaccessibility of energy
services impedes other development programs in education,
health, agriculture, and the environment; and dependence on
imported fuels leaves countries vulnerable to supply
disruptions and economic shocks.
(5) In addition to promoting the export of clean energy
technologies, large energy-consuming economies must also have
appropriate incentive systems, policy and regulatory
frameworks, and investment climates in place to accept and
promote the adoption of such technologies.
(6) More than $16 trillion needs to be invested in energy-
supply infrastructure worldwide by 2030 to meet energy
demand, and almost half of total energy investment will take
place in developing countries, where production and demand
are expected to increase the most.
(7) Public and private sector capital will be needed to
fulfill future demand. The opportunity exists for public and
private actors to coordinate efforts and leverage resources
to direct this investment into technologies, practices, and
services that promote energy efficiency, clean-energy
production, and a reduction in global greenhouse gas
emissions.
(8) In attempting to address the global climate change
challenge, the United States Government recently launched the
Asia Pacific Partnership on Clean Development and Climate,
which is meant to accelerate the development and deployment
of clean energy technologies. However, this Partnership
operates in a non-binding framework that does not require any
emissions reductions from the partner countries.
SEC. 2202. 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
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. 2203. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR
INDIA, CHINA, AND OTHER COUNTRIES.
(a) Assistance Authorized.--The Secretary of Commerce shall
direct the United States and Foreign Commercial Service to
expand or create a corps of the Foreign Commercial Service
officers to promote United States exports in clean and
efficient energy technologies and build the capacity of
government officials in India, China, and any other country
the Secretary of Commerce determines appropriate, to become
more familiar with the available technologies--
(1) by assigning or training Foreign Commercial Service
attaches, who have expertise in clean and efficient energy
technologies from the United States, to embark on business
development and outreach efforts to ``such countries''; and
(2) by deploying the attaches described in paragraph (1) to
educate provincial, state, and local government officials in
``such countries'' on the variety of United States-based
technologies in clean and efficient energy technologies for
the purposes of promoting United States exports and reducing
global greenhouse gas emissions.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate 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. 2204. 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 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. 2205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT
CORPORATION.
(a) Findings.--Congress finds the following:
(1) Many of the emerging markets within which the Overseas
Private Investment Corporation supports projects have immense
energy needs and will require significant investment in the
energy sector in the coming decades.
(2) The use, or lack of use, of clean and efficient energy
technologies can have a dramatic effect on the rate of global
greenhouse gas emissions from emerging markets in the coming
decades.
(b) 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.
(c) 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. 2206. 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) give preferential treatment to the evaluation and
awarding of projects that involve 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 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
[[Page 23031]]
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. 2207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM.
(a) Program Authorized.--The Secretary of State is
authorized to establish a program to strengthen research,
educational exchange, and international cooperation with the
aim of reducing global greenhouse gas emissions and
addressing the challenges posed by global climate change. The
program authorized by this subsection shall be carried out
pursuant to the authorities of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and
may be referred to as the ``Global Climate Change Exchange
Program''.
(b) Elements.--The program authorized by subsection (a)
shall contain the following elements:
(1) The financing of studies, research, instruction, and
other educational activities dedicated to reducing carbon
emissions and addressing the challenge of global climate
change--
(A) by or to United States citizens and nationals in
foreign universities, governments, organizations, companies,
or other institutions; and
(B) by or to citizens and nationals of foreign countries in
United States universities, governments, organizations,
companies, or other institutions.
(2) The financing of visits and exchanges between the
United States and other countries of students, trainees,
teachers, instructors, professors, researchers, and other
persons who study, teach, and conduct research in subjects
such as the physical sciences, environmental science, public
policy, economics, urban planning, and other subjects and
focus on reducing greenhouse gas emissions and addressing the
challenges posed by global climate change.
(c) Access.--The Secretary of State shall ensure that the
program authorized by subsection (a) is available to--
(1) historically Black colleges and universities that are
part B institutions (as such term is defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))), Hispanic-serving institutions (as such term is
defined in section 502(5) of such Act (20 U.S.C. 1101a(5))),
Tribal Colleges or Universities (as such term is defined in
section 316 of such Act (20 U.S.C. 1059c)), and other
minority institutions (as such term is defined in section
365(3) of such Act (20 U.S.C. 1067k(3))), and to the
students, faculty, and researchers at such colleges,
universities, and institutions; and
(2) small business concerns owned and controlled by
socially and economically disadvantaged individuals, and
small business concerns owned and controlled by women (as
such terms are defined in section 8(d)(3) of the Small
Business Act (15 U.S.C. 637(d)(3))).
(d) Report.--The Secretary of State shall transmit to the
appropriate committees an annual report on the implementation
of this section for each of the fiscal years 2008 through
2012.
(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Secretary of State $3,000,000 for each of the fiscal years
2008 through 2012.
SEC. 2208. INTERAGENCY WORKING GROUP TO SUPPORT A CLEAN
ENERGY TECHNOLOGY EXPORTS INITIATIVE.
(a) Assistance Authorized.--The President shall provide
assistance to the Interagency Working Group to support a
Clean Energy Technology Exports Initiative--
(1) to improve the ability of the United States to respond
to international competition by leveraging the resources of
Federal departments and agencies effectively and efficiently
and by raising policy issues that may hamper the export of
United States clean energy technologies abroad;
(2) to fulfill, as appropriate, the mission and objectives
as noted in the report entitled, Five-Year Strategic Plan of
the Clean Energy Technology Exports Initiative, submitted to
Congress in October 2002; and
(3) to raise the importance and level of oversight of the
Interagency Working Group to the heads of the Federal
departments and agencies that are participating in the
Interagency Working Group.
(b) Report.--The Administrator of the United States Agency
for International Development, the Secretary of Commerce, and
the Secretary of Energy shall jointly submit to the
appropriate 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 appropriated to the
President $5,000,000 for each of the fiscal years 2008
through 2012.
Subtitle C--International Clean Energy Foundation
SEC. 2301. DEFINITIONS.
In this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation established pursuant to section 2302(c).
(2) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Foundation
appointed pursuant to section 2302(b).
(3) Foundation.--The term ``Foundation'' means the
International Clean Energy Foundation established by section
2302(a).
SEC. 2302. 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 chaired by the Secretary of State (or
the Secretary's designee) in accordance with subsection (d).
(3) Intent of congress.--It is the intent of Congress, in
establishing the structure of the Foundation set forth in
this subsection, to create an entity that serves the long-
term foreign policy and energy security goals of reducing
global greenhouse gas emissions.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management
of the Foundation.
(2) Appointment.--The Chief Executive Officer shall be
appointed by the Board, with the advice and consent of the
Senate, and shall be a recognized leader in clean and
efficient energy technologies and climate change and shall
have experience in energy security, business, or foreign
policy, chosen on the basis of a rigorous search.
(3) Relationship to board.--The Chief Executive Officer
shall report to, and be under the direct authority of, the
Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level III of the
Executive Schedule under section 5314 of title 5, United
States Code.
(B) Amendment.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, International Clean Energy
Foundation.''.
(C) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Foundation and
shall exercise the powers and discharge the duties of the
Foundation.
(D) Authority to appoint officers.--In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Foundation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the Foundation a
Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this subtitle and
may prescribe, amend, and repeal bylaws, rules, regulations,
and procedures governing the manner in which the business of
the Foundation may be conducted and in which the powers
granted to it by law may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the Secretary's designee),
the Secretary of Energy (or the Secretary's designee), and
the Administrator of the United States Agency for
International Development (or the Administrator's designee);
and
(B) four other individuals with relevant experience in
matters relating to energy security (such as individuals who
represent institutions of energy policy, business
organizations, foreign policy organizations, or other
relevant organizations) who shall be appointed by the
President, by and with the advice and consent of the Senate,
of which--
(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).
[[Page 23032]]
(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. 2303. 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.
SEC. 2304. 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 2305(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. 2305. 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 2307(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. 2306. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Foundation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Foundation, is entitled to be
reemployed in such employee's former position or a position
of like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Foundation for any reason, other
than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after
the date of separation from the Foundation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment
and, on reemployment, is entitled to at least the rate of
basic pay to which such employee would have been entitled had
such employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Foundation, no more than 30
[[Page 23033]]
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. 2307. 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 2008 through 2012.
(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).
TITLE III--SMALL ENERGY EFFICIENT BUSINESSES
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Small Energy Efficient
Businesses Act''.
SEC. 3002. FINDINGS.
Congress finds the following:
(1) Energy efficiency is in our national interest for our
long term economic well being, for the health and safety of
our citizens and the world, and for our independence and
security.
(2) Small businesses are more efficient, nimble, and
innovative than large businesses and therefore more likely to
integrate and benefit from energy efficient technology
advances and upgrades, but they are less likely to have the
capital to institute these advances quickly.
(3) The majority of businesses (two-thirds) say they have
been unable to invest in comprehensive energy efficiency
programs for their businesses thus far, though they know of
them and believe they are effective.
(4) A pilot program has demonstrated that individualized
counseling and training combined with loan and grant
availability and other incentives are very popular and
effective in helping small businesses learn about and adopt
energy conservation methods.
(5) The energy saving benefit of such programs, if they can
be implemented on a national basis, would contribute
significantly to our energy independence and security.
(6) New and emerging technologies are on the rise, and
small businesses are leading the way, for example the vast
majority of renewable fuels producers, such as biodiesel and
ethanol, are small businesses.
(7) Small businesses currently use almost half of the
Nation's business related energy consumption and employ half
of the Nation's workforce, yet the Energy Star program, the
lead Federal energy efficiency program allocates less than 2
percent of its resources to its small business program and
should allocate more to educate small businesses.
(8) Therefore, it is in the national interest for the
Federal Government to invest in incentives in the form of
improved loan terms, additional investment inducements, and
expert counseling and information to assist small businesses
to develop, invest in, and purchase energy efficient
buildings, equipment, fixtures, and other technology.
SEC. 3003. 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; and
(3) by inserting after subparagraph (H) the following:
``(I) reduction of energy consumption by at least 10
percent,
``(J) increased use of sustainable design or low-impact
design to produce buildings that reduce the use of non-
renewable resources, minimize environmental impact, and
relate people with the natural environment, or
``(K) plant, equipment and process upgrades of renewable
energy sources such as micropower or renewable fuels
producers including biodiesel and ethanol producers.''.
(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 new clauses:
``(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. 3004. REDUCED 7(A) FEES AND HIGHER LOAN GUARANTEES 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:
``(35) Loans for energy efficient technologies.--The
Administrator shall carry out a program for loans the
proceeds of which are used to purchase energy efficient
equipment or fixtures or to reduce the energy consumption of
the borrower, including, but not limited to, renewable fuels
and energy products such as biodiesel and ethanol, by 10
percent or more. For a loan made under this paragraph, the
following shall apply:
``(A) The loan shall include the participation by the
Administration equal to 90 percent of the balance of the
financing outstanding at the time of disbursement.
``(B) The fees on the loan under paragraphs (18) and (23)
shall be reduced by half.''.
SEC. 3005. SMALL BUSINESS SUSTAINABILITY INITIATIVE.
Section 21 of the Small Business Act (15 U.S.C. 648) is
amended by adding at the end the following:
``(n) Small Business Sustainability Initiative.--
``(1) In general.--A Small Business Development Center may
apply for an additional grant to carry out a small business
sustainability initiative program.
``(2) Elements of program.--Under a program under paragraph
(1), the Center shall--
``(A) provide necessary support to smaller and medium-sized
businesses to--
``(i) evaluate energy efficiency and green building
opportunities;
``(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
construct green buildings; and
``(iv) empower management to implement energy efficiency
projects;
``(B) assist entrepreneurs with clean technology
development and technology commercialization through--
``(i) technology assessment;
``(ii) intellectual property;
``(iii) Small Business Innovation Research submissions;
``(iv) strategic alliances;
``(v) business model development; and
``(vi) preparation for investors; and
``(C) help small business improve environmental performance
by shifting to less hazardous materials and reducing waste
and emissions at the source, including by providing
assistance for businesses to adapt the materials they use,
the processes they operate, and the products and services
they produce.
``(3) Minimum amount.--Each grant under this subsection
shall be for at least $150,000.
``(4) Maximum amount.--A grant under this subsection may
not exceed $300,000.
``(5) Authorization of appropriations.--Subject to amounts
approved in advance in appropriations Acts and separate from
amounts approved to carry out section 21(a)(1), the
Administrator may make grants or enter into cooperative
agreements to carry out the provisions of this subsection.''.
SEC. 3006. SMALL BUSINESS ADMINISTRATION TO EDUCATE AND
PROMOTE ENERGY EFFICIENCY IDEAS TO SMALL
BUSINESSES AND WORK WITH THE SMALL BUSINESS
COMMUNITY TO MAKE SUCH INFORMATION WIDELY
AVAILABLE.
The Small Business Act is amended--
(1) by redesignating section 37 as section 99; and
(2) by inserting after section 36 (15 U.S.C. 657f) the
following:
``SEC. 37. PROGRAM TO PROVIDE EDUCATION ON ENERGY EFFICIENCY.
``(a) Program Required.--The Administrator shall develop
and coordinate a Government-wide program, building on the
Energy Star for Small Business program, to assist small
businesses in--
``(1) becoming more energy efficient;
``(2) understanding the cost savings from improved energy
efficiency; and
``(3) identifying financing options for energy efficiency
upgrades.
``(b) Consultation and Cooperation.--The program required
by subsection (a) shall be developed and coordinated--
``(1) in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency; and
``(2) in cooperation with any entities the Administrator
considers appropriate, such as industry trade associations,
industry members, and energy efficiency organizations.
``(c) Availability of Information.--The Administrator shall
make available the information and materials developed under
the program required by subsection (a) to--
[[Page 23034]]
``(1) small businesses; and
``(2) other Federal programs for energy efficiency, such as
the Energy Star for Small Business program.
``(d) Strategy and Report.--
``(1) Strategy required.--The Administrator shall develop a
strategy to educate, encourage, and assist small business to
adopt energy efficient building fixtures and equipment.
``(2) Report.--Not later than December 31, 2008, the
Administrator shall submit to Congress a report containing a
plan to implement the strategy.''.
SEC. 3007. ENERGY SAVING DEBENTURES.
Section 303 of the Small Business Investment Act of 1958
(15 U.S.C. 683) is amended by adding at the end the following
new subsection:
``(k) Energy Saving Debentures.--
``(1) In general.--In addition to any other authority under
this Act, a small business investment company licensed after
September 30, 2007, shall have authority to issue Energy
Saving debentures.
``(2) Energy saving debenture defined.--As used in this
Act, the term `Energy Saving debenture' means a deferred
interest debenture that--
``(A) is issued at a discount;
``(B) has a five-year maturity or a ten-year maturity;
``(C) requires no interest payment or annual charge for the
first five 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.
``(3) Energy saving qualified investment defined.--As used
in this Act, the term `Energy Saving qualified investment'
means investment in a small business 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. 3008. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.
(a) Maximum Leverage.--Paragraph (2) of subsection (b) of
section 303 of the Small Business Investment Act of 1958 (15
U.S.C. 303(b)(2)) is amended by adding at the end the
following new subparagraph:
``(D) Investments in energy saving small businesses.--In
calculating the outstanding leverage of a company for
purposes of subparagraph (A), the Administrator shall not
include the amount of the cost basis of any Energy Saving
qualified investment (as defined in subsection (k)) made
after September 30, 2007, by a company licensed after
September 30, 2007, in a smaller enterprise, to the extent
that the total of such amounts does not exceed 50 percent of
the company's private capital, subject to such terms as the
Administrator may impose to assure no cost (as defined in
section 502 of the Federal Credit Reform Act of 1990) with
respect to purchasing or guaranteeing any debenture
involved.''.
(b) Maximum Aggregate Amount of Leverage.--Paragraph (4) of
subsection (b) of section 303 of the Small Business
Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended by
adding at the end the following new subparagraph:
``(E) Investments in energy saving small businesses.--In
calculating the aggregate outstanding leverage of a company
for purposes of subparagraph (A), the Administrator shall not
include the amount of the cost basis of any Energy Saving
qualified investment (as defined in subsection (k)) made
after September 30, 2007, by a company licensed after
September 30, 2007, in a smaller enterprise, to the extent
that the total of such amounts does not exceed 50 percent of
the company's private capital, subject to such terms as the
Administrator may impose to assure no cost (as defined in
section 502 of the Federal Credit Reform Act of 1990) with
respect to purchasing or guaranteeing any debenture
involved.''.
SEC. 3009. 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 new part:
``PART C--RENEWABLE FUEL CAPITAL INVESTMENT PILOT PROGRAM
``SEC. 381. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Venture capital.--The term `venture capital' means
capital in the form of equity capital investments. For the
purposes of this paragraph, the term `equity capital' has the
same meaning given such term in section 303(g)(4).
``(2) Renewable fuel capital investment company.--The term
`Renewable Fuel Capital Investment Company' means a company
that--
``(A) has been granted final approval by the Administrator
under section 384(e); and
``(B) has entered into a participation agreement with the
Administrator.
``(3) Operational assistance.--The term `operational
assistance' means management, marketing, and other technical
assistance that assists a small business concern with
business development.
``(4) 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 company's operating plan and investment
criteria; and
``(B) requires the company to make investments in smaller
enterprises primarily engaged in researching, manufacturing,
developing, or bringing to market renewable energy sources.
``(5) Renewable energy.--The term `renewable energy means'
energy derived from resources that are regenerative or that
cannot be depleted, including but not limited to ethanol and
biodiesel fuels.
``(6) State.--The term `State' means such 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.
``SEC. 382. PURPOSES.
``The purposes of the Renewable Fuel Capital Investment
Program established under this part are--
``(1) to promote the research, development, manufacture and
bringing to market of renewable energy sources 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
small enterprises engaged in researching, developing,
manufacturing, and bringing to market renewable energy
sources, 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, and bringing to
market renewable energy sources; 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.
``In accordance with this part, the Administrator shall
establish a Renewable Fuel Capital Investment Program, under
which the Administrator may--
``(1) enter into participation agreements with companies
granted final approval under section 384(e) for the purposes
set forth 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 shall be eligible to apply to
participate, as a Renewable Fuel Capital Investment company,
in the program established under this part if--
``(1) the company is a newly formed for-profit entity or a
newly formed for-profit subsidiary of an existing entity;
``(2) the company has a management team with experience in
alternative energy financing or relevant venture capital
financing; and
``(3) the company has a primary objective of investment in
companies that research, manufacture, develop, or bring to
market renewable energy sources.
``(b) Application.--To participate, as a Renewable Fuel
Capital Investment company, in the program established under
this part a company meeting the eligibility requirements set
forth in subsection (a) 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
businesses primarily engaged in the research, manufacture,
development, or bringing to market of renewable energy
sources;
``(2) information regarding the relevant venture capital
qualifications and general reputation of the company's
management;
``(3) a description of how the company intends to seek to
address the unmet capital needs of the smaller businesses
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
intends to use licensed professionals when necessary on the
company's staff or from an outside entity;
``(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 the criteria to be used to evaluate
whether and to what extent the company meets 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 company's business plan;
and
``(8) such other information as the Administrator may
require.
[[Page 23035]]
``(c) Conditional Approval.--
``(1) In general.--From among companies submitting
applications under subsection (b), the Administrator shall,
in accordance with this subsection, conditionally approve
companies to participate in the Renewable Fuel Capital
Investment Program.
``(2) Selection criteria.--In selecting companies under
paragraph (1), the Administrator shall consider the
following:
``(A) The likelihood that the company will meet the goal of
its business plan.
``(B) The experience and background of the company's
management team.
``(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 company's proposal to provide
operational assistance under this part as the proposal
relates to the ability of the applicant to meet applicable
cash requirements and properly utilize in-kind contributions,
including the use of resources for the services of licensed
professionals, when necessary, whether provided by persons on
the company's staff or by persons outside of the company.
``(H) Any other factors deemed appropriate by the
Administrator.
``(3) Nationwide distribution.--The Administrator shall
select companies under paragraph (1) in such a way that
promotes investment nationwide.
``(d) Requirements To Be Met for Final Approval.--The
Administrator shall grant each conditionally approved company
a period of time, not to exceed 2 years, to satisfy the
following requirements:
``(1) Capital requirement.--Each conditionally approved
company shall raise not less than $5,000,000 of private
capital or binding capital commitments from one or more
investors (other than agencies or departments of the Federal
Government) who met criteria established by the
Administrator.
``(2) 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--
``(i) shall have binding commitments (for contribution in
cash or in kind)--
``(I) from any sources other than the Small Business
Administration that meet criteria established by the
Administrator;
``(II) payable or available over a multiyear period
acceptable to the Administrator (not to exceed 10 years); and
``(III) in an amount not less than 30 percent of the total
amount of capital and commitments raised under paragraph (1);
``(ii) shall have purchased an annuity--
``(I) from an insurance company acceptable to the
Administrator;
``(II) using funds (other than the funds raised under
paragraph (1)), from any source other than the Administrator;
and
``(III) that yields cash payments over a multiyear period
acceptable to the Administrator (not to exceed 10 years) in
an amount not less than 30 percent of the total amount of
capital and commitments raised under paragraph (1); or
``(iii) shall have binding commitments (for contributions
in cash or in kind) of the type described in clause (i) and
shall have purchased an annuity of the type described in
clause (ii), which in the aggregate make available, over a
multiyear period acceptable to the Administrator (not to
exceed 10 years), an amount not less than 30 percent of the
total amount of capital and commitments raised under
paragraph (1).
``(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.--In order to comply with the requirements
of subparagraphs (A) and (B), the total amount of a company's
in-kind contributions may not exceed 50 percent of the
company's total contributions.
``(e) Final Approval; Designation.--The Administrator
shall, with respect to each applicant conditionally approved
to operate as a Renewable Fuel Capital Investment Company
under subsection (c), either--
``(1) grant final approval to the applicant to operate as a
Renewable Fuel Capital Investment company under this part and
designate the applicant as such a company, if the applicant--
``(A) satisfies the requirements of subsection (d) on or
before the expiration of the time period described in that
subsection; and
``(B) enters into a participation agreement with the
Administrator; or
``(2) if the applicant fails to satisfy the requirements of
subsection (d) on or before the expiration of the time period
described in 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 deems appropriate, except that the term of any debenture
guaranteed under this section shall not exceed 15 years.
``(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 an agency or department
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 deems 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.--In the event that 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.--In the event 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, notwithstanding 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
[[Page 23036]]
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 deems
appropriate with respect to any guarantee or grant issued
under this part, in an amount established annually by the
Administration, 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 Act, which amounts shall be paid to and
retained by the Administration.
``(b) Offset.--The Administrator may, as provided by
section 388, offset fees changed 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 one 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 deems appropriate.
``SEC. 389. OPERATIONAL ASSISTANCE GRANTS.
``(a) In General.--
``(1) Authority.--In accordance with this section, the
Administrator may make grants to Renewable Fuel Capital
Investment companies and to other entities, as authorized by
this part, to provide operational assistance to smaller
enterprises financed, or expected to be financed, by such
companies or other entities.
``(2) Terms.--Grants made 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) Grants to specialized small business investment
companies.--
``(A) Authority.--In accordance with this section, the
Administrator may make grants to specialized small business
investment companies to provide operational assistance to
smaller enterprises financed, or expected to be financed, by
such companies after the effective date of the Small Energy
Efficient Businesses Act.
``(B) Use of funds.--The proceeds of a grant made under
this paragraph may be used by the company receiving such
grant only to provide operational assistance in connection
with an equity investment (made with capital raised after the
effective date of the Small Energy Efficient Businesses Act)
in a business located in a low-income geographic area.
``(C) Submission of plans.--A specialized small business
investment company shall be eligible for a grant under this
section only if the company submits to the Administrator, in
such form and manner as the Administrator may require, a plan
for use of the grant.
``(4) Grant amount.--
``(A) Renewable fuel capital investment companies.--The
amount of a grant made under this subsection to a Renewable
Fuel Capital Investment company shall be equal to the
resources (in cash or in kind) raised by the company under
section 354(d)(2).
``(B) Other entities.--The amount of a grant made under
this subsection to any entity other than a Renewable Fuel
Capital Investment company shall be equal to the resources
(in cash or in kind) raised by the entity in accordance with
the requirements applicable to Renewable Fuel Capital
Investment companies set forth in section 384(d)(2).
``(5) 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
(4), the Administrator shall make pro rata reductions in the
amounts otherwise payable to each company and entity under
such 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 or a specialized small business investment
company.
``SEC. 390. BANK PARTICIPATION.
``(a) In General.--Except as provided in subsection (b),
any national bank, any member bank of the Federal Reserve
System, and (to the extent permitted under applicable State
law) any insured bank that is not a member of such system,
may invest in any Renewable Fuel Capital Investment company,
or in any entity established to invest solely in Renewable
Fuel Capital Investment companies.
``(b) Limitation.--No bank described in subsection (a) may
make investments described in such subsection that are
greater than 5 percent of the capital and surplus of the
bank.
``SEC. 391. FEDERAL FINANCING BANK.
``Section 318 shall not apply to any 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 under this part
makes 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 Small Business
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 Small Business 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
of this Act.
``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 it deems
necessary to carry out the provisions of this part in
accordance with its purposes.
``SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Grants.--The Administrator is authorized to make
$15,000,000 per fiscal year in operational assistance grants.
``(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. 3010. STUDY AND REPORT.
The Administrator 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. Not later than 3
years after the date of the enactment of this Act, the
Administrator shall complete the study and submit to the
Congress a report of the results of the study.
TITLE IV--SCIENCE AND TECHNOLOGY
Subtitle A--Advanced Research Projects Agency-Energy
SEC. 4001. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
(a) Establishment.--There is established the Advanced
Research Projects Agency-Energy (in this subtitle referred to
as ``ARPA-
[[Page 23037]]
E'') within the Department of Energy to overcome the long-
term and high-risk technological barriers in the development
of energy technologies.
(b) Goals.--The goals of ARPA-E are to enhance the Nation's
economic and energy security through the development of
energy technologies that result in reductions of imports of
energy from foreign sources, reductions of energy-related
emissions including greenhouse gases, improvements in the
energy efficiency of all economic sectors, and to ensure that
the United States maintains a technological lead in
developing and deploying energy technologies. ARPA-E will
achieve this by--
(1) identifying and promoting revolutionary advances in
fundamental sciences;
(2) translating scientific discoveries and cutting-edge
inventions into technological innovations; and
(3) accelerating transformational technological advances in
areas that industry by itself is not likely to undertake
because of technical and financial uncertainty.
(c) Director.--ARPA-E shall be headed by a Director who
shall be appointed by the Secretary of Energy. The Director
shall report to the Secretary. No other programs within the
Department of Energy shall report to the Director of ARPA-E.
(d) Responsibilities.--The Director shall administer the
Fund established under section 4002 to award competitive
grants, cooperative agreements, or contracts to institutions
of higher education, companies, research foundations, trade
and industry research collaborations, or consortia of such
entities which may include federally funded research and
development centers, to achieve the goals stated in
subsection (b) through targeted acceleration of--
(1) novel early-stage energy research with possible
technology applications;
(2) development of techniques, processes, and technologies,
and related testing and evaluation;
(3) research and development of manufacturing processes for
novel energy technologies; and
(4) demonstration and coordination with nongovernmental
entities for commercial applications of energy technologies
and research applications.
(e) Personnel.--
(1) Program managers.--The Director shall designate
employees to serve as program managers for each of the
programs established pursuant to the responsibilities
established for ARPA-E under subsection (d). Program managers
shall be responsible for--
(A) establishing research and development goals for the
program, including through the convening of workshops and
conferring with outside experts, as well as publicizing the
goals to the public and private sectors;
(B) soliciting applications for specific areas of
particular promise, especially those which the private sector
or the Federal Government are not likely to undertake alone;
(C) building research collaborations for carrying out the
program;
(D) selecting on the basis of merit, with advice under
section 4003 as appropriate, each of the energy projects to
be supported under the program following consideration of--
(i) the novelty and scientific and technical merit of the
proposed projects;
(ii) the demonstrated capabilities of the applicants to
successfully carry out the proposed research project;
(iii) the applicant's consideration of future commercial
applications of the project, including the feasibility of
partnering with 1 or more commercial entities; and
(iv) such other criteria as are established by the
Director; and
(E) monitoring the progress of projects supported under the
program, and prescribing program restructure or termination
of research partnerships or whole projects that do not show
promise.
(2) Hiring and management.--In hiring personnel for ARPA-E,
the Director shall have the authority to make appointments of
scientific, engineering, and professional personnel without
regard to the civil service laws, and fix the compensation of
such personnel at a rate to be determined by the Director.
The term of appointments for employees may not exceed 3 years
before the granting of any extension. In hiring initial staff
the Secretary shall give preference to applicants with
experience in the Defense Advanced Research Projects Agency,
academia, or in private sector technology development. The
Secretary or Director may contract with private recruiting
firms in hiring qualified technical staff.
(3) Additional hiring.--The Director may hire additional
technical, financial, managerial, or other staff as needed to
carry out the activities of the program.
(f) Coordination and Nonduplication.--To the extent
practicable, the Director shall ensure that the activities of
ARPA-E are coordinated with, and do not duplicate the efforts
of, existing programs and laboratories within the Department
of Energy and other relevant research agencies. Where
appropriate, the Director may coordinate technology transfer
efforts with the Technology Transfer Coordinator established
in section 1001 of the Energy Policy Act of 2005 (42 U.S.C.
16391).
(g) Federal Demonstration of Technologies.--The Secretary
shall make information available to purchasing and
procurement programs of Federal agencies regarding the
potential to demonstrate technologies resulting from
activities funded through ARPA-E.
SEC. 4002. FUND.
(a) Establishment.--There is established in the Treasury
the Energy Transformation Acceleration Fund (in this subtitle
referred to as the ``Fund''), which shall be administered by
the Director of ARPA-E for the purposes of carrying out this
subtitle.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Director of ARPA-E for deposit in
the Fund $300,000,000 for fiscal year 2008, $1,000,000,000
for fiscal year 2009, $1,100,000,000 for fiscal year 2010,
$1,200,000,000 for fiscal year 2011, and $1,300,000,000 for
fiscal year 2012, to remain available until expended.
(c) Limitation.--No amounts may be appropriated for the
first year of funding for ARPA-E unless the amount
appropriated for the activities of the Office of Science of
the Department of Energy for that fiscal year exceed the
amount appropriated for that Office for fiscal year 2007, as
adjusted for inflation according to the Consumer Price Index.
(d) Allocation.--Of the amounts appropriated for a fiscal
year under subsection (b)--
(1) not more than 50 percent shall be for activities under
section 4001(d)(4);
(2) not more than 8 percent shall be made available to
Federally Funded Research and Development Centers;
(3) not more than 10 percent may be used for administrative
expenses;
(4) at least 2.5 percent shall be designated for technology
transfer and outreach activities; and
(5) during the first 5 years of operation of ARPA-E, no
funds may be used for construction of new buildings or
facilities.
SEC. 4003. ADVICE.
(a) Advisory Committees.--The Director may seek advice on
any aspect of ARPA-E from--
(1) existing Department of Energy advisory committees; and
(2) new advisory committees organized to support the
programs of ARPA-E and to provide advice and assistance on--
(A) specific program tasks; or
(B) overall direction of ARPA-E.
(b) Additional Sources of Advice.--The Director may seek
advice and review from the National Academy of Sciences, the
National Academy for Engineering, and any other professional
or scientific organization with expertise in specific
processes or technologies under development by ARPA-E.
SEC. 4004. ARPA-E EVALUATION.
After ARPA-E has been in operation for 54 months, the
President's Committee on Science and Technology shall begin
an evaluation (to be completed within 12 months) of how well
ARPA-E is achieving its goals and mission. The evaluation
shall include the recommendation of such Committee on whether
ARPA-E should be continued or terminated, as well as lessons-
learned from its operation. The evaluation shall be made
available to Congress and to the public upon completion.
SEC. 4005. SAVINGS CLAUSE.
The authorities granted by this subtitle are in addition to
existing authorities granted to the Secretary of Energy, and
not intended to supersede or modify any existing authorities.
Subtitle B--Marine Renewable Energy Technologies
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ``Marine Renewable Energy
Research and Development Act of 2007''.
SEC. 4102. FINDINGS.
The Congress finds the following:
(1) The United States has a critical national interest in
developing clean, domestic, renewable sources of energy in
order to reduce environmental impacts of energy production,
increase national security, improve public health, and
bolster economic stability.
(2) Marine renewable energy technologies are a nonemitting
source of power production.
(3) Marine renewable energy may serve as an alternative to
fossil fuels and create thousands of new jobs within the
United States.
(4) Europe has already successfully delivered electricity
to the grid through the deployment of wave and tidal energy
devices off the coast of Scotland.
(5) Recent studies from the Electric Power Research
Institute, in conjunction with the Department of Energy's
National Renewable Energy Laboratory, have identified an
abundance of viable sites within the United States with ample
wave and tidal resources to be harnessed by marine power
technologies.
(6) Sustained and expanded research, development,
demonstration, and commercial application programs are needed
to locate and characterize marine renewable energy resources,
and to develop the technologies that will enable their
widespread commercial development.
(7) Federal support is critical to reduce the financial
risk associated with developing new marine renewable energy
technologies,
[[Page 23038]]
thereby encouraging the private sector investment necessary
to make marine renewable energy resources commercially viable
as a source of electric power and for other applications.
SEC. 4103. DEFINITIONS.
For purposes of this subtitle--
(1) Marine renewable energy.--The term ``Marine Renewable
Energy'' means energy derived from one or more of the
following sources:
(A) Waves.
(B) Tidal flows.
(C) Ocean currents.
(D) Ocean thermal energy conversion.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4104. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary, in conjunction with other
appropriate agencies, shall support programs of research,
development, demonstration, and commercial application to
expand marine renewable energy production, including programs
to--
(1) study and compare existing marine renewable energy
extraction technologies;
(2) research, develop, and demonstrate advanced marine
renewable energy systems and technologies;
(3) reduce the manufacturing and operation costs of marine
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
renewable energy technologies, including development of
corrosive-resistant materials;
(8) study, in conjunction with the Assistant Administrator
for Research and Development of the Environmental Protection
Agency, the Undersecretary of Commerce for Oceans and
Atmosphere, and other Federal agencies as appropriate, the
environmental impacts of marine renewable energy technologies
and ways to address adverse impacts, and provide public
information concerning technologies and other means available
for monitoring and determining environmental impacts;
(9) establish protocols, in conjunction with the National
Oceanic and Atmospheric Administration, for how the ocean
community may best interact with marine renewable energy
devices;
(10) develop power measurement standards for marine
renewable energy;
(11) develop identification standards for marine renewable
energy devices;
(12) address standards development, demonstration, and
technology transfer for advanced systems engineering and
system integration methods to identify critical interfaces;
and
(13) utilize marine resources in the Gulf of Mexico, the
Atlantic Ocean, and the Pacific Ocean.
(b) Siting Criteria.--The Secretary, in conjunction with
other appropriate Federal agencies, shall develop, prior to
installation of any technologies under this section, siting
criteria for marine renewable energy generation demonstration
and commercial application projects funded under this
subtitle.
SEC. 4105. NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
(a) Centers.--The Secretary, acting through the National
Renewable Energy Laboratory, 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 a public university
engineering program.
(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 Centers, the Secretary shall
coordinate with the Undersecretary of Commerce for Oceans and
Atmosphere on the criteria related to advancing wave
forecasting technologies, studying the compatibility with the
environment of marine renewable energy technologies and
systems, and establishing protocols for how the ocean
community best interacts with marine renewable energy devices
and parks.
(b) Purposes.--The Centers shall advance research,
development, demonstration, and commercial application of
marine renewable energy through a number of initiatives
including for the purposes described in section 4104(1)
through (13), 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. 4106. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving the
applicability of any requirement under any environmental or
other Federal or State law.
SEC. 4107. 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 C--Geothermal Energy
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Advanced Geothermal
Energy Research and Development Act of 2007''.
SEC. 4202. FINDINGS.
The Congress finds the following:
(1) The United States has a critical national interest in
developing clean, domestic, renewable sources of energy in
order to mitigate the causes of climate change, reduce other
environmental impacts of energy production, increase national
security, improve public health, and bolster economic
stability.
(2) Geothermal energy is a renewable energy resource.
(3) Geothermal energy is unusual among renewable energy
sources because of its ability to provide an uninterrupted
supply of baseload electricity.
(4) Recently published assessments by reputable experts,
including the Massachusetts Institute of Technology, the
Western Governors Association, and the National Renewable
Energy Laboratory, indicate that the Nation's geothermal
resources are widely distributed, vast in size, and barely
tapped.
(5) Sustained and expanded research, development,
demonstration, and commercial application programs are needed
to locate and characterize geothermal resources, and to
develop the technologies that will enable their widespread
commercial development.
(6) Federal support is critical to reduce the financial
risk associated with developing new geothermal technologies,
thereby encouraging the private sector investment necessary
to make geothermal resources commercially viable as a source
of electric power and for other applications.
SEC. 4203. DEFINITIONS.
For purposes of this subtitle:
(1) Engineered.--When referring to enhanced geothermal
systems, the term ``engineered'' means subjected to
intervention, including intervention to address one or more
of the following issues:
(A) Lack of effective permeability or porosity or open
fracture connectivity within the reservoir.
(B) Insufficient contained geofluid in the reservoir.
(C) A low average geothermal gradient, which necessitates
deeper drilling.
(2) Enhanced geothermal systems.--The term ``enhanced
geothermal systems'' means geothermal reservoir systems that
are engineered, as opposed to occurring naturally.
(3) Geofluid.--The term ``geofluid'' means any fluid used
to extract thermal energy from the Earth which is transported
to the surface for direct use or electric power generation,
except that such term shall not include oil or natural gas.
(4) Geopressured resources.--The term ``geopressured
resources'' mean geothermal deposits found in sedimentary
rocks under higher than normal pressure and saturated with
gas or methane.
(5) Geothermal.--The term ``geothermal'' refers to heat
energy stored in the Earth's crust that can be accessed for
direct use or electric power generation.
(6) Hydrothermal.--The term ``hydrothermal'' refers to
naturally occurring subsurface reservoirs of hot water or
steam.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Systems approach.--The term ``systems approach'' means
an approach to solving problems or designing systems that
attempts to optimize the performance of the overall system,
rather than a particular component of the system.
SEC. 4204. 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
[[Page 23039]]
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 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. 4205. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
(a) Subsurface Components and Systems.--The Secretary shall
support a program of research, development, demonstration,
and commercial application of components and systems capable
of withstanding extreme geothermal environments and necessary
to cost-effectively develop, produce, and monitor geothermal
reservoirs and produce geothermal energy. These components
and systems shall include advanced casing systems (expandable
tubular casing, low-clearance casing designs, and others),
high-temperature cements, high-temperature submersible pumps,
and high-temperature packers, as well as technologies for
under-reaming, multilateral completions, high-temperature
logging, and logging while drilling.
(b) Reservoir Performance Modeling.--The Secretary shall
support a program of research, development, demonstration,
and commercial application of models of geothermal reservoir
performance, with an emphasis on accurately modeling
performance over time. Models shall be developed to assist
both in the development of geothermal reservoirs and to more
accurately account for stress-related effects in stimulated
hydrothermal and enhanced geothermal systems production
environments.
(c) Environmental Impacts.--The Secretary shall--
(1) support a program of research, development,
demonstration, and commercial application of technologies and
practices designed to mitigate or preclude potential adverse
environmental impacts of geothermal energy development,
production or use, and seek to ensure that geothermal energy
development is consistent with the highest practicable
standards of environmental stewardship; and
(2) in conjunction with the Assistant Administrator for
Research and Development at the Environmental Protection
Agency, support a research program to identify potential
environmental impacts of geothermal energy development,
production, and use, and ensure that the program described in
paragraph (1) addresses such impacts, including effects on
groundwater and local hydrology.
Any potential environmental impacts identified as part of the
development, production, and use of geothermal energy shall
be measured and examined against the potential emissions
offsets of greenhouses gases gained by geothermal energy
development, production, and use.
SEC. 4206. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary shall support a program of
research, development, demonstration, and commercial
application for enhanced geothermal systems, including the
programs described in subsection (b).
(b) Programs.--
(1) Enhanced geothermal systems technologies.--The
Secretary shall support a program of research, development,
demonstration, and commercial application of the technologies
and knowledge necessary for enhanced geothermal systems to
advance to a state of commercial readiness, including
advances in--
(A) reservoir stimulation;
(B) reservoir characterization, monitoring, and modeling;
(C) stress mapping;
(D) tracer development;
(E) three-dimensional tomography;
(F) understanding seismic effects of reservoir engineering
and stimulation; and
(G) laser-based drilling technology.
(2) Enhanced geothermal systems reservoir stimulation.--
(A) Program.--In collaboration with industry partners, the
Secretary shall support a program of research, development,
and demonstration of enhanced geothermal systems reservoir
stimulation technologies and techniques. A minimum of 5 sites
shall be selected in locations that show particular promise
for enhanced geothermal systems development. Each site
shall--
(i) represent a different class of subsurface geologic
environments; and
(ii) take advantage of an existing site where subsurface
characterization has been conducted or existing drill holes
can be utilized, if possible.
(B) Consideration of existing sites.--The following 2
sites, where Department of Energy and industry cooperative
enhanced geothermal systems projects are already underway,
may be considered for inclusion among the sites selected
under subparagraph (A):
(i) Desert Peak, Nevada.
(ii) Coso, California.
SEC. 4207. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS
FIELDS AND RECOVERY AND PRODUCTION OF
GEOPRESSURED GAS RESOURCES.
(a) In General.--The Secretary shall establish a program of
research, development, demonstration, and commercial
application to support development of geothermal energy
production from oil and gas fields and production and
recovery of energy from geopressured resources. In addition,
the Secretary shall conduct such supporting activities
including research, resource characterization, and technology
development as necessary.
(b) Geothermal Energy Production From Oil and Gas Fields.--
The Secretary shall implement a grant program in support of
geothermal energy production from oil and gas fields. The
program shall include grants for a total of not less than
three demonstration projects of the use of geothermal
techniques such as organic rankine cycle systems at marginal,
unproductive, and productive oil and gas wells. The Secretary
shall, to the extent practicable and in the public interest,
make awards that--
(1) include not less than five oil or gas well sites per
project award;
(2) use a range of oil or gas well hot water source
temperatures from 150 degrees Fahrenheit to 300 degrees
Fahrenheit;
(3) cover a range of sizes up to one megawatt;
(4) are located at a range of sites;
(5) can be replicated at a wide range of sites;
(6) facilitate identification of optimum techniques among
competing alternatives;
(7) include business commercialization plans that have the
potential for production of equipment at high volumes and
operation and support at a large number of sites; and
(8) satisfy other criteria that the Secretary determines
are necessary to carry out the program and collect necessary
data and information.
The Secretary shall give preference to assessments that
address multiple elements contained in paragraphs (1) through
(8).
(c) Grant Awards.--Each grant award for demonstration of
geothermal technology such as organic rankine cycle systems
at oil and gas wells made by the Secretary under subsection
(b) shall include--
(1) necessary and appropriate site engineering study;
(2) detailed economic assessment of site specific
conditions;
(3) appropriate feasibility studies to determine whether
the demonstration can be replicated;
(4) design or adaptation of existing technology for site
specific circumstances or conditions;
(5) installation of equipment, service, and support;
(6) operation for a minimum of one year and monitoring for
the duration of the demonstration; and
(7) validation of technical and economic assumptions and
documentation of lessons learned.
(d) Geopressured Gas Resource Recovery and Production.--(1)
The Secretary shall implement a program to support the
research, development, demonstration, and commercial
application of cost-effective techniques to produce energy
from geopressured resources situated in and near the Gulf of
Mexico.
(2) The Secretary shall solicit preliminary engineering
designs for geopressured resources production and recovery
facilities.
(3) Based upon a review of the preliminary designs, the
Secretary shall award grants, which may be cost-shared, to
support the detailed development and completion of
engineering, architectural and technical plans needed to
support construction of new designs.
(4) Based upon a review of the final design plans above,
the Secretary shall award cost-shared development and
construction grants for demonstration geopressured production
facilities that show potential for economic recovery of the
heat, kinetic energy and gas resources from geopressured
resources.
(e) Competitive Grant Selection.--Not less than 90 days
after the date of the enactment of this Act, the Secretary
shall conduct a national solicitation for applications for
grants under the programs outlined in subsections (b) and
(d). Grant recipients shall be selected on a competitive
basis based on criteria in the respective subsection.
(f) Well Drilling.--No funds may be used under this section
for the purpose of drilling new wells.
SEC. 4208. COST SHARING AND PROPOSAL EVALUATION.
(a) Federal Share.--(1) 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.
(2) The Secretary may waive the Federal cost share
requirement for grants awarded to universities, national
laboratories, or similar noncommercial entities awarded
grants under this subtitle.
(3) The Secretary shall allow for a competitive bidding
process to play a role in determining the final cost-share
ratio.
(b) Organization and Administration of Programs.--Programs
under this subtitle
[[Page 23040]]
shall incorporate the following organizational and
administrative elements:
(1) Non-Federal participants shall be chosen through a
competitive selection process.
(2) The request for proposals for each program shall
stipulate, at a minimum, the following:
(A) The non-Federal funding requirements for projects.
(B) The funding mechanism to be used (i.e. grants,
contracts, or cooperative agreements).
(C) Milestones and a schedule for completion.
(D) Criteria for evaluating proposals.
(3) In evaluating proposals, the Secretary shall give
priority to proposals that draw on relevant expertise from
industry, academia, and the national laboratories, as
appropriate.
(4) 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.
(5) In evaluating proposals, the Secretary shall consult
with relevant experts from industry, academia, and the
national laboratories, as appropriate.
(6) In evaluating proposals, the Secretary shall give
priority to proposals that demonstrate clear evidence of
employing a systems approach.
(7) In evaluating proposals for projects with a field
component, the Secretary shall, where appropriate, give
priority consideration to proposals that contain provisions
to study local environmental impacts of the technologies
developed or the operations undertaken.
(8) In evaluating proposals, the Secretary, in coordination
with other appropriate agencies, shall seek to ensure that no
funding authorized under this subtitle is awarded to any
project that would result in adverse impacts to land, water,
or other resources within the National Wilderness
Preservation System, the National Park System, the National
Wildlife Refuge System, the National Landscape Conservation
System, the National Wild and Scenic Rivers System, the
National Trails System, any National Monument, any Wilderness
Study Area, any Research Natural Area, any National Marine
Sanctuary, any Inventoried Roadless Area, or any Area of
Critical Environmental Concern.
(9) Scientific data collected as a result of any project
supported with funds provided under this subtitle shall be
made available to the public.
SEC. 4209. CENTERS FOR GEOTHERMAL TECHNOLOGY TRANSFER.
(a) In General.--The Secretary shall award grants to
institutions of higher education (or consortia thereof) to
establish 2 Centers for Geothermal Technology Transfer.
(b) Centers.--
(1) Hydrothermal center.--The purpose of one Technology
Transfer Center shall be to serve as an information
clearinghouse for the geothermal industry, collecting and
disseminating information on best practices in all areas
related to developing and managing hydrothermal resources,
including data available for disclosure as provided under
section 4208(b)(9). This Center shall be based at the
institution west of the Rocky Mountains that the Secretary
considers to be best suited to the purpose. The Center shall
collect and disseminate information on all subjects germane
to the development and user of hydrothermal systems,
including--
(A) resource location;
(B) reservoir characterization, monitoring, and modeling;
(C) drilling techniques;
(D) reservoir management techniques; and
(E) technologies for electric power conversion or direct
use of geothermal energy.
(2) Enhanced geothermal systems center.--The purpose of a
second Technology Transfer Center shall be to serve as an
information clearinghouse for the geothermal industry,
collecting and disseminating information on best practices in
all areas related to developing and managing enhanced
geothermal systems resources, including data available for
disclosure as provided under section 4208(b)(9). This Center
is encouraged to seek opportunities to coordinate efforts and
share information with international partners engaged in
research and development of enhanced geothermal systems or
engaged in collection of data related to enhanced geothermal
systems development. This Center shall be based at an
academic institution east of the Rocky Mountains which, in
the opinion of the Secretary, is best suited to provide
national leadership on enhanced geothermal systems-related
issues. The Center shall collect and disseminate information
on all subjects germane to the development and use of
enhanced geothermal systems.
(c) Award Duration.--An award made by the Secretary under
this section shall be for an initial period of 5 years, and
may be renewed for additional 5-year periods on the basis
of--
(1) satisfactory performance in meeting the goals of the
research plan proposed by the Center; and
(2) other requirements as specified by the Secretary.
SEC. 4210. 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. 4211. 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. 4212. REPORTS.
(a) Reports on Advanced Uses of Geothermal Energy.--Not
later than 1 year, 3 years, and 5 years, after the date of
enactment of this Act, the Secretary shall report to the
Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on advanced concepts and technologies
to maximize the geothermal resource potential of the United
States. The reports shall include--
(1) the use of carbon dioxide as an alternative geofluid
with potential carbon sequestration benefits;
(2) mineral recovery from geofluids;
(3) use of geothermal energy to produce hydrogen;
(4) use of geothermal energy to produce biofuels;
(5) use of geothermal heat for oil recovery from oil shales
and tar sands; and
(6) other advanced geothermal technologies, including
advanced drilling technologies and advanced power conversion
technologies.
(b) Progress Reports.--(1) Not later than 36 months after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an interim report describing the
progress made under this subtitle. At the end of 60 months,
the Secretary shall submit to Congress a report on the
results of projects undertaken under this subtitle and other
such information the Secretary considers appropriate.
(2) As necessary, the Secretary shall report to the
Congress on any legal, regulatory, or other barriers
encountered that hinder economic development of these
resources, and provide recommendations on legislative or
other actions needed to address such impediments.
SEC. 4213. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving the
applicability of any requirement under any environmental or
other Federal or State law.
SEC. 4214. 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 4207. 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.
Subtitle D--Solar Energy
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Solar Energy Research
and Advancement Act of 2007''.
SEC. 4302. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Department'' means the Department of Energy.
(2) The term ``Secretary'' means the Secretary of Energy.
SEC. 4303. 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. 4304. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION
STUDIES.
(a) Integration.--The Secretary shall conduct a study on
methods to integrate concentrating solar power 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
[[Page 23041]]
the United States. The study shall analyze and assess cost-
effective approaches for management and large-scale
integration of concentrating solar power 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. 4305. SOLAR ENERGY CURRICULUM DEVELOPMENT AND
CERTIFICATION GRANTS.
(a) Establishment.--The Secretary shall establish in the
Office of Solar Energy Technologies a competitive grant
program to create and strengthen solar industry workforce
training and internship programs in installation, operation,
and maintenance of solar energy products. The goal of this
program is to ensure a supply of well-trained individuals to
support the expansion of the solar energy industry.
(b) Authorized Activities.--Grant funds may be used to
support the following activities:
(1) Creation and development of a solar energy curriculum
appropriate for the local educational, entrepreneurial, and
environmental conditions, including curriculum for community
colleges.
(2) Support of certification programs, such as the North
American Board of Certified Energy Practitioners, 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 the Institute of Sustainable Power
or an equivalent 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 the Institute of Sustainable Power
or an equivalent 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, via 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. 4306. 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. 4307. 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.--The non-Federal share of research and
development projects supported under this section shall be
not less than 20 percent, and for demonstration projects
shall be not less than 50 percent.
(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. 4308. 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.
(3) Funding allocation.--Each State submitting a qualifying
proposal shall receive funding under the program based on the
proportion of United States population in the State according
to the 2000 census. In each fiscal year, the portion of funds
attributable under this paragraph to States that have not
submitted qualifying proposals in the time and manner
specified by the Secretary shall be distributed pro rata to
the States that have submitted qualifying proposals in the
specified time and manner.
(c) Competition.--If more than $25,000,000 is available for
the program under this section for any fiscal year, the
Secretary shall allocate 75 percent of the total amount of
funds available according to subsection (b)(3), and shall
award the remaining 25 percent on a competitive basis to the
States with the proposals the Secretary considers most likely
to encourage the widespread adoption of photovoltaic
technologies.
(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
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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 subsection (b) or (c) 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 amount of funds that each State has not received
because of a failure to submit a qualifying proposal, as
described in subsection (b)(3);
(5) the results of the monitoring under subsection (f)(5);
and
(6) 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 E--Biofuels
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ``Biofuels Research and
Development Enhancement Act''.
SEC. 4402. BIOFUELS AND BIOREFINERY INFORMATION CENTER.
(a) In General.--The Secretary of Energy (in this subtitle
referred to as the ``Secretary''), in cooperation with the
Secretary of Agriculture, shall establish a technology
transfer center to make available information on research,
development, and commercial application of technologies
related to biofuels and biorefineries, including--
(1) biochemical and thermochemical conversion technologies
capable of making fuels from lignocellulosic feedstocks;
(2) biotechnology processes capable of making biofuels with
an emphasis on development of biorefinery technologies using
enzyme-based processing systems;
(3) biogas collection and production technologies suitable
for vehicular use;
(4) cost-effective reforming technologies that produce
hydrogen fuel from biogas sources;
(5) biogas production from cellulosic and recycled organic
waste sources and advancement of gaseous storage systems and
advancement of gaseous storage systems; and
(6) other advanced processes and technologies that will
enable the development of biofuels.
(b) Administration.--In administering this section, the
Secretary shall ensure that the center shall--
(1) continually update information provided by the center;
(2) make information available on biotechnology processes;
and
(3) make information and assistance provided by the center
available for those involved in energy research, development,
demonstration, and commercial application.
SEC. 4403. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE.
Section 932 of the Energy Policy Act of 2005 (42 U.S.C.
16232) is amended by adding at the end the following new
subsection:
``(f) Biofuels and Advanced Biofuels Infrastructure.--The
Secretary, in consultation with the Secretary of
Transportation and the Assistant Administrator for Research
and Development of the Environmental Protection Agency, shall
carry out a program of research, development, and
demonstration as it relates to existing transportation fuel
distribution infrastructure and new alternative distribution
infrastructure. The program shall focus on the physical and
chemical properties of biofuels and efforts to prevent or
mitigate against adverse impacts of those properties in the
following areas:
``(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 use.
``(7) Microbial contamination.
``(8) Problems associated with electrical conductivity.
``(9) Such other areas as the Secretary considers
appropriate.''.
SEC. 4404. BIODIESEL.
(a) Biodiesel Study.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report on any research and development challenges
inherent in increasing to 2.5 percent the proportion of
diesel fuel sold in the United States that is biodiesel
(within the meaning of section 211(o) of the Clean Air Act).
(b) Materials for the Establishment of Standards.--The
Director of the National Institute of Standards and
Technology shall make publicly available the physical
property data and characterization of biodiesel, as is
defined in subsection (a), in order to encourage the
establishment of standards that will promote their
utilization in the transportation and fuel delivery system.
SEC. 4405. BIOGAS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to Congress a report on any
research and development challenges inherent in increasing to
5 percent of the transportation fuels sold in the United
States fuel with biogas or a blend of biogas and natural gas.
SEC. 4406. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16317(a)(1)) is amended by inserting before the period
at the end the following: ``, including the establishment of
at least 5 bioresearch centers of varying sizes, as
appropriate, that focus on biofuels, of which at least 1
center shall be located in each of the 5 Petroleum
Administration for Defense Districts, which shall be
established for a period of 5 years, after which the grantee
may reapply for selection on a competitive basis''.
SEC. 4407. 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))
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. 4408. 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. 4409. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation, shall conduct a study of the methods of
increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 40 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing consumption of ethanol;
(2) an evaluation of the environmental consequences of the
ethanol blends described in subsection (a) on evaporative and
exhaust emissions from on-road, off-road, and marine vehicle
engines;
(3) an evaluation of the consequences of the ethanol blends
described in subsection (a) on the operation, durability, and
performance of on-road, off-road, and marine vehicle engines;
and
[[Page 23043]]
(4) an evaluation of the life cycle impact of the use of
the ethanol blends described in subsection (a) on carbon
dioxide and greenhouse gas emissions.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.
SEC. 4410. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, shall conduct a study of whether
optimizing flexible fueled vehicles to operate using E-85
fuel would increase the fuel efficiency of flexible fueled
vehicles.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science and Technology of the House of
Representatives the Committee on Energy and Natural Resources
of the Senate a report that describes the results of the
study under this section, including any recommendations of
the Secretary.
SEC. 4411. STUDY OF ENGINE DURABILITY AND PERFORMANCE
ASSOCIATED WITH THE USE OF BIODIESEL.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the effects of the use of biodiesel on the performance and
durability of engines and engine systems.
(b) Components.--The study under this section shall
include--
(1) an assessment of whether the use of biodiesel lessens
the durability and performance of conventional diesel engines
and engine systems; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying
concentrations, including the following percentage
concentrations of biodiesel:
(A) 5 percent biodiesel.
(B) 10 percent biodiesel.
(C) 20 percent biodiesel.
(D) 30 percent biodiesel.
(E) 100 percent biodiesel.
(c) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Science and Technology of the House of
Representatives the Committee on Energy and Natural Resources
of the Senate a report that describes the results of the
study under this section, including any recommendations of
the Secretary.
SEC. 4412. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION
OF APPROPRIATION.
(a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C.
16231) is amended--
(1) in subsection (b)--
(A) at the end of paragraph (2) by striking ``and'';
(B) at the end of paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) $963,000,000 for fiscal year 2010.''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000'';
(B) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''; and
(C) by adding at the end the following new paragraph:
``(4) $419,000,000 for fiscal year 2010, of which
$150,000,00 shall be for section 932(d).''.
SEC. 4413. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.
(a) Amendments.--Section 977 of the Energy Policy Act of
2005 (42 U.S.C. 16317) is amended--
(1) in subsection (a)(1), by striking ``and computational
biology'' and inserting ``computational biology, and
environmental science''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``in sustainable
production systems that reduce greenhouse gas emissions''
after ``hydrogen'';
(B) at the end of paragraph (3), by striking ``and'';
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) develop cellulosic and other feedstocks that are less
resource and land intensive and that promote sustainable use
of resources, including soil, water, energy, forests, and
land, and ensure protection of air, water, and soil quality;
and''.
(b) Tools and Evaluation.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Agriculture, shall establish a research
and development program to--
(1) improve and develop analytical tools to facilitate the
analysis of life-cycle energy and greenhouse gas emissions,
including emissions related to direct and indirect land use
changes, attributable to all potential biofuel feedstocks and
production processes; and
(2) promote the systematic evaluation of the impact of
expanded biofuel production on the environment, including
forestlands, and on the food supply for humans and animals.
(c) Small-Scale Production and Use of Biofuels.--The
Secretary, in cooperation with the Secretary of Agriculture,
shall establish a research and development program to
facilitate small-scale production, local, and on-farm use of
biofuels, including the development of small-scale
gasification technologies for production of biofuel from
cellulosic feedstocks.
SEC. 4414. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL
GAS VEHICLES.
(a) In General.--The Secretary of Energy shall conduct a
study of methods of increasing the fuel efficiency of
vehicles using biogas by optimizing natural gas vehicle
systems that can operate on biogas, including the advancement
of vehicle fuel systems and the combination of hybrid-
electric and plug-in hybrid electric drive platforms with
natural gas vehicle systems using biogas.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science and Technology of the
House of Representatives a report that describes the results
of the study, including any recommendations of the Secretary.
SEC. 4415. STANDARDS FOR BIOFUELS DISPENSERS.
In the absence of appropriate private sector standards
adopted prior to the date of enactment of this Act, and
consistent with the National Technology Transfer and
Advancement Act of 1995, the Secretary of Energy, in
consultation with the Director of the National Institute of
Standards and Technology, shall develop standards for biofuel
dispenser systems in order to promote broader biofuels
adoption and utilization.
SEC. 4416. ALGAL BIOMASS.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Science
and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report on the progress of the research and development that
is being conducted on the use of algae as a feedstock for the
production of biofuels. The report shall identify continuing
research and development challenges and any regulatory or
other barriers found by the Secretary that hinder the use of
this resource, as well as recommendations on how to encourage
and further its development as a viable transportation fuel.
Subtitle F--Carbon Capture and Storage
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy
Carbon Capture and Storage Research, Development, and
Demonstration Act of 2007''.
SEC. 4502. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
(a) Amendments.--Section 963 of the Energy Policy Act of
2005 (42 U.S.C. 16293) is amended--
(1) in the section heading, by striking ``RESEARCH AND
DEVELOPMENT'' and inserting ``AND STORAGE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and storage research, development, and demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and storage technologies
related to electric power generating systems'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geological
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.'';
and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Fundamental science and engineering research and
development and demonstration supporting carbon capture and
storage technologies.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and store carbon dioxide, or to learn
how to use carbon dioxide in products to lead to an overall
reduction of carbon dioxide emissions.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities and the field testing of carbon sequestration and
carbon use activities, including--
``(i) development of new or advanced technologies for the
capture of carbon dioxide;
``(ii) development of new or advanced technologies that
reduce the cost and increase the efficacy of the compression
of carbon dioxide required for the storage of carbon dioxide;
``(iii) modeling and simulation of geological sequestration
field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies; and
[[Page 23044]]
``(v) research and development of new and advanced
technologies for carbon use, including recycling and reuse of
carbon dioxide.
``(2) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations in a variety of
candidate geological settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) deep saline formations;
``(v) deep geologic systems that may be used as engineered
reservoirs to extract economical quantities of heat from
geothermal resources of low permeability or porosity;
``(vi) deep geologic systems containing basalt formations;
and
``(vii) high altitude terrain oil and gas fields.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools, analysis,
and modeling to monitor, predict, and verify carbon dioxide
containment;
``(ii) to validate modeling of geological formations;
``(iii) to refine storage capacity estimated for particular
geological formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geological formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, injection and
storage of carbon dioxide in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geological storage of carbon dioxide;
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
storage that are funded by the Department of Energy; and
``(viii) to support Environmental Protection Agency
efforts, in consultation with other agencies, to develop a
scientifically sound regulatory framework to enable
commercial-scale sequestration operations while safeguarding
human health and underground sources of drinking water.
``(3) Large-scale carbon dioxide sequestration testing.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-volume sequestration tests, not
including the FutureGen project, for geological containment
of carbon dioxide (at least 1 of which shall be international
in scope) to validate information on the cost and feasibility
of commercial deployment of technologies for geological
containment of carbon dioxide.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider a variety of geological formations across the
United States, and require characterization and modeling of
candidate formations, as determined by the Secretary.
``(C) Source of carbon dioxide for large-scale
sequestration demonstrations.--In the process of any
acquisition of carbon dioxide for sequestration
demonstrations under subparagraph (A), the Secretary shall
give preference to purchases of carbon dioxide from
industrial and coal-fired electric generation facilities. To
the extent feasible, the Secretary shall prefer test projects
from industrial and coal-fired electric generation facilities
that would facilitate the creation of an integrated system of
capture, transportation and storage of carbon dioxide. Until
coal-fired electric generation facilities, either new or
existing, are operating with carbon dioxide capture
technologies, other industrial sources of carbon dioxide
should be pursued under this paragraph. The preference
provided for under this subparagraph shall not delay the
implementation of the large-scale sequestration tests under
this paragraph.
``(D) Definition.--For purposes of this paragraph, the term
`large-scale' means the injection of more than 1,000,000
metric tons of carbon dioxide annually, or a scale that
demonstrably exceeds the necessary thresholds in key geologic
transients to validate the ability continuously to inject
quantities on the order of several million metric tons of
industrial carbon dioxide annually for a large number of
years.
``(4) Large-scale demonstration of carbon dioxide capture
technologies.--
``(A) In general.--The Secretary shall carry out at least 3
and no more than 5 demonstrations, that include each of the
technologies described in subparagraph (B), for the large-
scale capture of carbon dioxide from industrial sources of
carbon dioxide, at least 2 of which are facilities that
generate electric energy from fossil fuels. Candidate
facilities for other demonstrations under this paragraph
shall include facilities that refine petroleum, manufacture
iron or steel, manufacture cement or cement clinker,
manufacture commodity chemicals, and ethanol and fertilizer
plants. Consideration may be given to capture of carbon
dioxide from industrial facilities and electric generation
carbon sources that are near suitable geological reservoirs
and could continue sequestration. To ensure reduced carbon
dioxide emissions, the Secretary shall take necessary actions
to provide for the integration of the program under this
paragraph with the long-term carbon dioxide sequestration
demonstrations described in paragraph (3). These actions
should not delay implementation of the large-scale
sequestration tests authorized in paragraph (3).
``(B) Technologies.--The technologies referred to in
subparagraph (A) are precombustion capture, post-combustion
capture, and oxycombustion.
``(C) Scope of award.--An award under this paragraph shall
be only for the portion of the project that carries out the
large-scale capture (including purification and compression)
of carbon dioxide, as well as the cost of transportation and
injection of carbon dioxide.
``(5) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall--
``(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 F.R. 3176; 5 U.S.C. Appendix) and
section 3145 of title 40, United States Code.
``(6) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost-sharing requirements of section 988(b),
except that the Federal share of a project under paragraph
(4) shall not exceed 50 percent.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary for carrying out this section, other than
subsection (c)(3) and (4)--
``(A) $100,000,000 for fiscal year 2008;
``(B) $100,000,000 for fiscal year 2009;
``(C) $100,000,000 for fiscal year 2010; and
``(D) $100,000,000 for fiscal year 2011.
``(2) Sequestration.--There are authorized to be
appropriated to the Secretary for carrying out subsection
(c)(3)--
``(A) $140,000,000 for fiscal year 2008;
``(B) $140,000,000 for fiscal year 2009;
``(C) $140,000,000 for fiscal year 2010; and
``(D) $140,000,000 for fiscal year 2011.
``(3) Carbon capture.--There are authorized to be
appropriated to the Secretary for carrying out subsection
(c)(4)--
``(A) $180,000,000 for fiscal year 2009;
``(B) $180,000,000 for fiscal year 2010;
``(C) $180,000,000 for fiscal year 2011; and
``(D) $180,000,000 for fiscal year 2012.''.
(b) Table of Contents Amendment.--The item relating to
section 963 in the table of contents for the Energy Policy
Act of 2005 is amended to read as follows:
``Sec. 963. Carbon capture and storage research, development, and
demonstration program.''.
SEC. 4503. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary of Energy shall enter into an arrangement
with the National Academy of Sciences for an independent
review and oversight, beginning in 2011, of the programs
under section 963(c)(3) and (4) of the Energy Policy Act of
2005, as added by section 4502 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. 4504. SAFETY RESEARCH.
(a) Program.--The Assistant Administrator for Research and
Development of the Environmental Protection Agency shall
conduct a research program to determine procedures necessary
to protect public health, safety, and the environment from
impacts that may be associated with capture, injection, and
sequestration of greenhouse gases in subterranean reservoirs.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out this section $5,000,000
for each fiscal year.
SEC. 4505. GEOLOGICAL SEQUESTRATION TRAINING AND RESEARCH.
(a) Study.--
(1) In general.--The Secretary of Energy shall enter into
an arrangement with the National Academy of Sciences to
undertake a study that--
(A) defines an interdisciplinary program in geology,
engineering, hydrology, environmental science, and related
disciplines that will support the Nation's capability to
capture and sequester carbon dioxide from anthropogenic
sources;
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(B) addresses undergraduate and graduate education,
especially to help develop graduate level programs of
research and instruction that lead to advanced degrees with
emphasis on geological sequestration science;
(C) develops guidelines for proposals from colleges and
universities with substantial capabilities in the required
disciplines that wish to implement geological sequestration
science programs that advance the Nation's capacity to
address carbon management through geological sequestration
science; and
(D) outlines a budget and recommendations for how much
funding will be necessary to establish and carry out the
grant program under subsection (b).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall transmit
to the Congress a copy of the results of the study provided
by the National Academy of Sciences under paragraph (1).
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
subsection $1,000,000 for fiscal year 2008.
(b) Grant Program.--
(1) Establishment.--The Secretary of Energy, through the
National Energy Technology Laboratory, shall establish a
competitive grant program through which colleges and
universities may apply for and receive 4-year grants for--
(A) salary and startup costs for newly designated faculty
positions in an integrated geological carbon sequestration
science program; and
(B) internships for graduate students in geological
sequestration science.
(2) Renewal.--Grants under this subsection shall be
renewable for up to 2 additional 3-year terms, based on
performance criteria, established by the National Academy of
Sciences study conducted under subsection (a), that include
the number of graduates of such programs.
(3) Interface with regional geological carbon sequestration
partnerships.--To the greatest extent possible, geological
carbon sequestration science programs supported under this
subsection shall interface with the research of the Regional
Carbon Sequestration Partnerships operated by the Department
of Energy to provide internships and practical training in
carbon capture and geological sequestration.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
subsection such sums as may be necessary.
SEC. 4506. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT
PROGRAM.
(a) Establishment.--The Secretary of Energy, in
consultation with other appropriate agencies, shall establish
a university based research and development program to study
carbon capture and sequestration using the various types of
coal.
(b) Grants.--Under this section, the Secretary shall award
5 grants for projects submitted by colleges or universities
to study carbon capture and sequestration in conjunction with
the recovery of oil and other enhanced elemental and mineral
recovery. Consideration shall be given to areas that have
regional sources of coal for the study of carbon capture and
sequestration.
(c) Rural and Agricultural Institutions.--The Secretary
shall designate that at least 2 of these grants shall be
awarded to rural or agricultural based institutions that
offer interdisciplinary programs in the area of environmental
science to study carbon capture and sequestration in
conjunction with the recovery of oil and other enhanced
elemental and mineral recovery.
(d) Authorization of Appropriations.--There are to be
authorized to be appropriated $10,000,000 to carry out this
section.
Subtitle G--Global Change Research
SEC. 4601. SHORT TITLE.
This subtitle may be cited as the ``Global Change Research
and Data Management Act of 2007''.
PART 1--GLOBAL CHANGE RESEARCH
SEC. 4611. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Industrial, agricultural, and other human activities,
coupled with an expanding world population, are contributing
to processes of global change that are significantly altering
the Earth habitat.
(2) Such human-induced changes, in conjunction with natural
fluctuations, may lead to significant alterations of world
climate patterns. Over the next century, these changes could
adversely affect world agricultural and marine production,
coastal habitability, biological diversity, human health,
global social and political stability, and global economic
activity.
(3) Developments in interdisciplinary Earth sciences,
global observing systems, and satellite and computing
technologies make possible significant scientific
understanding of global changes and their effects, and have
resulted in the significant expansion of environmental data
and information.
(4) Development of effective policies to prevent, mitigate,
and adapt to global change will rely on improvement in
scientific understanding of global environmental processes
and on development of information that is of use to
decisionmakers at the local, regional, and national levels.
(5) Although the United States Global Change Research
Program has made significant contributions to understanding
Earth's climate and the anthropogenic influences on Earth's
climate and its ecosystems, the Program now needs to produce
more information to meet the expressed needs of
decisionmakers.
(6) Predictions of future climate conditions for specific
regions have considerable uncertainty and are unlikely to be
confirmed in a time period necessary to inform decisions on
land, water, and resource management. However, improved
understanding of global change should be used to assist
decisionmakers in the development of policies to ensure that
ecological, social, and economic systems are resilient under
a variety of plausible climate futures.
(7) In order to most effectively meet the needs of
decisionmakers, both the research agenda of the United States
Global Change Research Program and its implementation must be
informed by continuous feedback from documented users of
information generated by the Program.
(b) Purpose.--The purpose of this part is to provide for
the continuation and coordination of a comprehensive and
integrated United States observation, research, and outreach
program which will assist the Nation and the world to
understand, assess, predict, and respond to the effects of
human-induced and natural processes of global change.
SEC. 4612. DEFINITIONS.
For purposes of this part--
(1) the term ``global change'' means human-induced or
natural changes in the global environment (including
alterations in climate, land productivity, oceans or other
water resources, atmospheric chemistry, biodiversity, and
ecological systems) that may alter the capacity of the Earth
to sustain life;
(2) the term ``global change research'' means study,
monitoring, assessment, prediction, and information
management activities to describe and understand--
(A) the interactive physical, chemical, and biological
processes that regulate the total Earth system;
(B) the unique environment that the Earth provides for
life;
(C) changes that are occurring in the Earth system; and
(D) the manner in which such system, environment, and
changes are influenced by human actions;
(3) the term ``interagency committee'' means the
interagency committee established under section 4613;
(4) the term ``Plan'' means the National Global Change
Research and Assessment Plan developed under section 4615;
(5) the term ``Program'' means the United States Global
Change Research Program established under section 4614; and
(6) the term ``regional climate change'' means the natural
or human-induced changes manifested in the local or regional
environment (including alterations in weather patterns, land
productivity, water resources, sea level rise, atmospheric
chemistry, biodiversity, and ecological systems) that may
alter the capacity of a specific region to support current or
future social and economic activity or natural ecosystems.
SEC. 4613. INTERAGENCY COOPERATION AND COORDINATION.
(a) Establishment.--The President shall establish or
designate an interagency committee to ensure cooperation and
coordination of all Federal research activities pertaining to
processes of global change for the purpose of increasing the
overall effectiveness and productivity of Federal global
change research efforts. The interagency committee shall
include representatives of both agencies conducting global
change research and agencies with authority over resources
likely to be affected by global change.
(b) Functions of the Interagency Committee.--The
interagency committee shall--
(1) serve as the forum for developing the Plan and for
overseeing its implementation;
(2) serve as the forum for developing the vulnerability
assessment under section 4617;
(3) ensure cooperation among Federal agencies with respect
to global change research activities;
(4) work with academic, State, industry, and other groups
conducting global change research, to provide for periodic
public and peer review of the Program;
(5) cooperate with the Secretary of State in--
(A) providing representation at international meetings and
conferences on global change research in which the United
States participates; and
(B) coordinating the Federal activities of the United
States with programs of other nations and with international
global change research activities;
(6) work with appropriate Federal, State, regional, and
local authorities to ensure that the Program is designed to
produce information needed to develop policies to reduce the
vulnerability of the United States and other regions to
global change;
(7) facilitate ongoing dialog and information exchange with
regional, State, and local
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governments and other user communities; and
(8) identify additional decisionmaking groups that may use
information generated through the Program.
SEC. 4614. UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM.
(a) Establishment.--The President shall establish an
interagency United States Global Change Research Program to
improve understanding of global change, to respond to the
information needs of communities and decisionmakers, and to
provide periodic assessments of the vulnerability of the
United States and other regions to global and regional
climate change. The Program shall be implemented in
accordance with the Plan.
(b) Lead Agency.--The lead agency for the United States
Global Change Research Program shall be the Office of Science
and Technology Policy.
(c) Interagency Program Activities.--The Director of the
Office of Science and Technology Policy, in consultation with
the interagency committee, shall identify activities included
in the Plan that involve participation by 2 or more agencies
in the Program, and that do not fall within the current
fiscal year budget allocations of those participating
agencies, to fulfill the requirements of this subtitle. The
Director of the Office of Science and Technology Policy shall
allocate funds to the agencies to conduct the identified
interagency activities. Such activities may include--
(1) development of scenarios for climate, land-cover
change, population growth, and socioeconomic development;
(2) calibration and testing of alternative regional and
global climate models;
(3) identification of economic sectors and regional
climatic zones; and
(4) convening regional workshops to facilitate information
exchange and involvement of regional, State, and local
decisionmakers, non-Federal experts, and other stakeholder
groups in the activities of the Program.
(d) Workshops.--The Director shall ensure that at least one
workshop is held per year in each region identified by the
Plan under section 4615(b)(11) to facilitate information
exchange and outreach to regional, State, and local
stakeholders as required by this subtitle.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Office of Science and Technology
Policy for carrying out this section $10,000,000 for each of
the fiscal years 2008 through 2013.
SEC. 4615. NATIONAL GLOBAL CHANGE RESEARCH AND ASSESSMENT
PLAN.
(a) In General.--The President shall develop a National
Global Change Research and Assessment Plan for implementation
of the Program. The Plan shall contain recommendations for
global change research and assessment. The President shall
submit an outline for the development of the Plan to the
Congress within 1 year after the date of enactment of this
Act, and shall submit a completed Plan to the Congress within
3 years after the date of enactment of this Act. Revised
Plans shall be submitted to the Congress at least once every
5 years thereafter. In the development of each Plan, the
President shall conduct a formal assessment process under
this section to determine the needs of appropriate Federal,
State, regional, and local authorities and other interested
parties regarding the types of information needed by them in
developing policies to reduce society's vulnerability to
global change and shall utilize these assessments, including
the reviews by the National Academy of Sciences and the
National Governors Association under subsections (e) and (f),
in developing the Plan.
(b) Contents of the Plan.--The Plan shall--
(1) establish, for the 10-year period beginning in the year
the Plan is submitted, the goals and priorities for Federal
global change research which most effectively advance
scientific understanding of global change and provide
information of use to Federal, State, regional, and local
authorities in the development of policies relating to global
change;
(2) describe specific activities, including efforts to
determine user information needs, research activities, data
collection, database development, and data analysis
requirements, development of regional scenarios, assessment
of model predictability, assessment of climate change
impacts, participation in international research efforts, and
information management, required to achieve such goals and
priorities;
(3) identify relevant programs and activities of the
Federal agencies that contribute to the Program directly and
indirectly;
(4) set forth the role of each Federal agency in
implementing the Plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the global
change research and assessment activities of the United
States with such activities of other nations and
international organizations, including--
(A) a description of the extent and nature of international
cooperative activities;
(B) bilateral and multilateral efforts to provide worldwide
access to scientific data and information; and
(C) improving participation by developing nations in
international global change research and environmental data
collection;
(7) detail budget requirements for Federal global change
research and assessment activities to be conducted under the
Plan;
(8) catalog the type of information identified by
appropriate Federal, State, regional, and local
decisionmakers needed to develop policies to reduce society's
vulnerability to global change and indicate how the planned
research will meet these decisionmakers' information needs;
(9) identify the observing systems currently employed in
collecting data relevant to global and regional climate
change research and prioritize additional observation systems
that may be needed to ensure adequate data collection and
monitoring of global change;
(10) describe specific activities designed to facilitate
outreach and data and information exchange with regional,
State, and local governments and other user communities; and
(11) identify and describe regions of the United States
that are likely to experience similar impacts of global
change or are likely to share similar vulnerabilities to
global change.
(c) Research Elements.--The Plan shall include at a minimum
the following research elements:
(1) Global measurements, establishing worldwide to regional
scale observations prioritized to understand global change
and to meet the information needs of decisionmakers on all
relevant spatial and time scales.
(2) Information on economic, demographic, and technological
trends that contribute to changes in the Earth system and
that influence society's vulnerability to global and regional
climate change.
(3) Development of indicators and baseline databases to
document global change, including changes in species
distribution and behavior, extent of glaciations, and changes
in sea level.
(4) Studies of historical changes in the Earth system,
using evidence from the geological and fossil record.
(5) Assessments of predictability using quantitative models
of the Earth system to simulate global and regional
environmental processes and trends.
(6) Focused research initiatives to understand the nature
of and interaction among physical, chemical, biological, land
use, and social processes related to global and regional
climate change.
(7) Focused research initiatives to determine and then meet
the information needs of appropriate Federal, State, and
regional decisionmakers.
(d) Information Management.--The Plan shall incorporate, to
the extent practicable, the recommendations relating to data
acquisition, management, integration, and archiving made by
the interagency climate and other global change data
management working group established under section 4633.
(e) National Academy of Sciences Evaluation.--The President
shall enter into an agreement with the National Academy of
Sciences under which the Academy shall--
(1) evaluate the scientific content of the Plan; and
(2) recommend priorities for future global and regional
climate change research and assessment.
(f) National Governors Association Evaluation.--The
President shall enter into an agreement with the National
Governors Association Center for Best Practices under which
that Center shall--
(1) evaluate the utility to State, local, and regional
decisionmakers of each Plan and of the anticipated and actual
information outputs of the Program for development of State,
local, and regional policies to reduce vulnerability to
global change; and
(2) recommend priorities for future global and regional
climate change research and assessment.
(g) Public Participation.--In developing the Plan, the
President shall consult with representatives of academic,
State, industry, and environmental groups. Not later than 90
days before the President submits the Plan, or any revision
thereof, to the Congress, a summary of the proposed Plan
shall be published in the Federal Register for a public
comment period of not less than 60 days.
SEC. 4616. BUDGET COORDINATION.
(a) In General.--The President shall provide general
guidance to each Federal agency participating in the Program
with respect to the preparation of requests for
appropriations for activities related to the Program.
(b) Consideration in President's Budget.--The President
shall submit, at the time of his annual budget request to
Congress, a description of those items in each agency's
annual budget which are elements of the Program.
SEC. 4617. VULNERABILITY ASSESSMENT.
(a) Requirement.--Within 1 year after the date of enactment
of this Act, and at least once every 5 years thereafter, the
President shall submit to the Congress an assessment which--
(1) integrates, evaluates, and interprets the findings of
the Program and discusses the scientific uncertainties
associated with such findings;
[[Page 23047]]
(2) analyzes current trends in global change, both human-
induced and natural, and projects major trends for the
subsequent 25 to 100 years;
(3) based on indicators and baselines developed under
section 4615(c)(3), as well as other measurements, analyzes
changes to the natural environment, land and water resources,
and biological diversity in--
(A) major geographic regions of the United States; and
(B) other continents;
(4) analyzes the effects of global change, including the
changes described in paragraph (3), on food and fiber
production, energy production and use, transportation, human
health and welfare, water availability and coastal
infrastructure, and human social and economic systems,
including providing information about the differential
impacts on specific geographic regions within the United
States, on people of different income levels within those
regions, and for rural and urban areas within those regions;
and
(5) summarizes the vulnerability of different geographic
regions of the world to global change and analyzes the
implications of global change for the United States,
including international assistance, population displacement,
food and resource availability, and national security.
(b) Use of Related Reports.--To the extent appropriate, the
assessment produced pursuant to this section may coordinate
with, consider, incorporate, or otherwise make use of related
reports, assessments, or information produced by the United
States Global Change Research Program, regional, State, and
local entities, and international organizations, including
the World Meteorological Organization and the
Intergovernmental Panel on Climate Change.
SEC. 4618. POLICY ASSESSMENT.
Not later than 1 year after the date of enactment of this
Act, and at least once every 4 years thereafter, the
President shall enter into a joint agreement with the
National Academy of Public Administration and the National
Academy of Sciences under which the Academies shall--
(1) document current policy options being implemented by
Federal, State, and local governments to mitigate or adapt to
the effects of global and regional climate change;
(2) evaluate the realized and anticipated effectiveness of
those current policy options in meeting mitigation and
adaptation goals;
(3) identify and evaluate a range of additional policy
options and infrastructure for mitigating or adapting to the
effects of global and regional climate change;
(4) analyze the adoption rates of policies and technologies
available to reduce the vulnerability of society to global
change with an evaluation of the market and policy obstacles
to their adoption in the United States; and
(5) evaluate the distribution of economic costs and
benefits of these policy options across different United
States economic sectors.
SEC. 4619. ANNUAL REPORT.
Each year at the time of submission to the Congress of the
President's budget request, the President shall submit to the
Congress a report on the activities conducted pursuant to
this part, including--
(1) a description of the activities of the Program during
the past fiscal year;
(2) a description of the activities planned in the next
fiscal year toward achieving the goals of the Plan; and
(3) a description of the groups or categories of State,
local, and regional decisionmakers identified as potential
users of the information generated through the Program and a
description of the activities used to facilitate
consultations with and outreach to these groups, coordinated
through the work of the interagency committee.
SEC. 4620. RELATION TO OTHER AUTHORITIES.
The President shall--
(1) ensure that relevant research, assessment, and outreach
activities of the National Climate Program, established by
the National Climate Program Act (15 U.S.C. 2901 et seq.),
are considered in developing national global and regional
climate change research and assessment efforts; and
(2) facilitate ongoing dialog and information exchange with
regional, State, and local governments and other user
communities through programs authorized in the National
Climate Program Act (15 U.S.C. 2901 et seq.).
SEC. 4621. REPEAL.
The Global Change Research Act of 1990 (15 U.S.C. 2921 et
seq.) is repealed.
SEC. 4622. GLOBAL CHANGE RESEARCH INFORMATION.
The President shall establish or designate a Global Change
Research Information Exchange to make scientific research and
other information produced through or utilized by the Program
which would be useful in preventing, mitigating, or adapting
to the effects of global change accessible through electronic
means.
SEC. 4623. ICE SHEET STUDY AND REPORT.
(a) Study.--
(1) Requirement.--The Director of the National Science
Foundation and the Administrator of National Oceanic and
Atmospheric Administration shall enter into an arrangement
with the National Academy of Sciences to complete a study of
the current status of ice sheet melt, as caused by climate
change, with implications for global sea level rise.
(2) Contents.--The study shall take into consideration--
(A) the past research completed related to ice sheet melt
as reviewed by Working Group I of the Intergovernmental Panel
on Climate Change;
(B) additional research completed since the fall of 2005
that was not included in the Working Group I report due to
time constraints; and
(C) the need for an accurate assessment of changes in ice
sheet spreading, changes in ice sheet flow, self-lubrication,
the corresponding effect on ice sheets, and current modeling
capabilities.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the National Academy of Sciences shall
transmit to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the key
findings of the study conducted under subsection (a), along
with recommendations for additional research related to ice
sheet melt and corresponding sea level rise.
SEC. 4624. HURRICANE FREQUENCY AND INTENSITY STUDY AND
REPORT.
(a) Study.--
(1) Requirement.--The Administrator of the National Oceanic
and Atmospheric Administration and the Director of the
National Science Foundation shall enter into an arrangement
with the National Academy of Sciences to complete a study of
the current state of the science on the potential impacts of
climate change on patterns of hurricane and typhoon
development, including storm intensity, track, and frequency,
and the implications for hurricane-prone and typhoon-prone
coastal regions.
(2) Contents.--The study shall take into consideration--
(A) the past research completed related to hurricane and
typhoon development, track, and intensity as reviewed by
Working Groups I and II of the Intergovernmental Panel on
Climate Change;
(B) additional research completed since the fall of 2005
that was not included in the Working Group I and II reports
due to time constraints;
(C) the need for accurate assessment of potential changes
in hurricane and typhoon intensity, track, and frequency and
of the current modeling and forecasting capabilities and the
need for improvements in forecasting of these parameters; and
(D) the need for additional research and monitoring to
improve forecasting of hurricanes and typhoons and to
understand the relationship between climate change and
hurricane and typhoon development.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the National Academy of Sciences shall
transmit to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the key
findings of the study conducted under subsection (a).
PART 2--CLIMATE AND OTHER GLOBAL CHANGE DATA MANAGEMENT
SEC. 4631. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Federal agencies have a primary mission to manage and
archive climate and other global change data obtained through
their research, development, or operational activities.
(2) Maintenance of climate and global change data records
is essential to present and future studies of the Earth's
atmosphere, biogeochemical cycles, and climate.
(3) Federal capabilities for the management and archiving
of these data have not kept pace with advances in satellite
and other observational technologies that have vastly
expanded the type and amount of information that can be
collected.
(4) Proposals and plans for expansion of global observing
networks should include plans for the management of data to
be collected and budgets reflecting the cost of support for
management and archiving of data.
(b) Purposes.--The purposes of this part are to establish
climate and other global change data management and archiving
as Federal agency missions, and to establish Federal policies
for managing and archiving climate and other global change
data.
SEC. 4632. DEFINITIONS.
For purposes of this part--
(1) the term ``metadata'' means information describing the
content, quality, condition, and other characteristics of
climate and other global change data, compiled, to the
maximum extent possible, consistent with the requirements of
the ``Content Standard for Digital Geospatial Metadata''
(FGDC-STD-001-1998) issued by the Federal Geographic Data
Committee, or any successor standard approved by the working
group; and
(2) the term ``working group'' means the interagency
climate and other global change data management working group
established under section 4633.
[[Page 23048]]
SEC. 4633. INTERAGENCY CLIMATE AND OTHER GLOBAL CHANGE DATA
MANAGEMENT WORKING GROUP.
(a) Establishment.--The President shall establish or
designate an interagency climate and other global change data
management working group to make recommendations for
coordinating Federal climate and other global change data
management and archiving activities.
(b) Membership.--The working group shall include the
Administrator of the National Aeronautics and Space
Administration, the Administrator of the National Oceanic and
Atmospheric Administration, the Secretary of Energy, the
Secretary of Defense, the Director of the National Science
Foundation, the Director of the United States Geological
Survey, the Archivist of the United States, the Administrator
of the Environmental Protection Agency, the Secretary of the
Smithsonian Institution, or their designees, and
representatives of any other Federal agencies the President
considers appropriate.
(c) Reports.--Not later than 1 year after the date of
enactment of this Act, the working group shall transmit a
report to the Congress containing the elements described in
subsection (d). Not later than 4 years after the initial
report under this subsection, and at least once every 4 years
thereafter, the working group shall transmit reports updating
the previous report. In preparing reports under this
subsection, the working group shall consult with expected
users of the data collected and archived by the Program.
(d) Contents.--The reports and updates required under
subsection (c) shall--
(1) include recommendations for the establishment,
maintenance, and accessibility of a catalog identifying all
available climate and other global change data sets;
(2) identify climate and other global change data
collections in danger of being lost and recommend actions to
prevent such loss;
(3) identify gaps in climate and other global change data
and recommend actions to fill those gaps;
(4) identify effective and compatible procedures for
climate and other global change data collection, management,
and retention and make recommendations for ensuring their use
by Federal agencies and other appropriate entities;
(5) develop and propose a coordinated strategy for funding
and allocating responsibilities among Federal agencies for
climate and other global change data collection, management,
and retention;
(6) make recommendations for ensuring that particular
attention is paid to the collection, management, and
archiving of metadata;
(7) make recommendations for ensuring a unified and
coordinated Federal capital investment strategy with respect
to climate and other global change data collection,
management, and archiving;
(8) evaluate the data record from each observing system and
make recommendations to ensure that delivered data are free
from time-dependent biases and random errors before they are
transferred to long-term archives; and
(9) evaluate optimal design of observation system
components to ensure a cost-effective, adequate set of
observations detecting and tracking global change.
Subtitle H--H-PRIZE
SEC. 4701. 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
[[Page 23049]]
prize competition authorized under subparagraph (A)(iii) as
soon after the date of enactment of this subsection as is
practicable. A prize offered under this clause shall be not
less than $10,000,000, paid to the winner in a lump sum, and
an additional amount paid to the winner as a match for each
dollar of private funding raised by the winner for the
hydrogen technology beginning on the date the winner was
named. The match shall be provided for 3 years after the date
the prize winner is named or until the full amount of the
prize has been paid out, whichever occurs first. A prize
winner may elect to have the match amount paid to another
entity that is continuing the development of the winning
technology. The Secretary shall announce the rules for
receiving the match in the notice required by paragraph
(1)(B)(ii). The Secretary shall award a prize under this
clause only when a registered participant has met the
objective criteria established for the prize pursuant to
subparagraph (C) and announced pursuant to paragraph
(1)(B)(ii). Not more than $10,000,000 in Federal funds may be
used for the prize award under this clause. The administering
entity shall seek to raise $40,000,000 toward the matching
award under this clause.
``(C) Criteria.--In establishing the criteria required by
this subsection, the Secretary--
``(i) shall consult with the Department's Hydrogen
Technical and Fuel Cell Advisory Committee;
``(ii) shall consult with other Federal agencies, including
the National Science Foundation; and
``(iii) may consult with other experts such as private
organizations, including professional societies, industry
associations, and the National Academy of Sciences and the
National Academy of Engineering.
``(D) Judges.--For each prize competition under this
subsection, the Secretary in consultation with the
administering entity shall assemble a panel of qualified
judges to select the winner or winners on the basis of the
criteria established under subparagraph (C). Judges for each
prize competition shall include individuals from outside the
Department, including from the private sector. A judge,
spouse, minor children, and members of the judge's household
may not--
``(i) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is
a registered participant in the prize competition for which
he or she will serve as a judge; or
``(ii) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
``(3) Eligibility.--To be eligible to win a prize under
this subsection, an individual or entity--
``(A) shall have complied with all the requirements in
accordance with the Federal Register notice required under
paragraph (1)(B)(ii);
``(B) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in
the United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen of, or
an alien lawfully admitted for permanent residence in, the
United States; and
``(C) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of
a national laboratory acting within the scope of his
employment.
``(4) Intellectual property.--The Federal Government shall
not, by virtue of offering or awarding a prize under this
subsection, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the
participation by a registered participant in a competition
authorized by this subsection. This paragraph shall not be
construed to prevent the Federal Government from negotiating
a license for the use of intellectual property developed for
a prize competition under this subsection.
``(5) Liability.--
``(A) Waiver of liability.--The Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims for
willful misconduct) for any injury, death, damage, or loss of
property, revenue, or profits arising from the registered
participants' participation in a competition under this
subsection. The Secretary shall give notice of any waiver
required under this subparagraph in the notice required by
paragraph (1)(B)(ii). The Secretary may not require a
registered participant to waive claims against the
administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered
participant's trade secrets or confidential business
information.
``(B) Liability insurance.--
``(i) Requirements.--Registered participants in a prize
competition under this subsection shall be required to obtain
liability insurance or demonstrate financial responsibility,
in amounts determined by the Secretary, for claims by--
``(I) a third party for death, bodily injury, or property
damage or loss resulting from an activity carried out in
connection with participation in a competition under this
subsection; and
``(II) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(ii) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under clause (i)(I),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims
for damages arising from or related to competition activities
under this subsection.
``(6) Report to congress.--Not later than 60 days after the
awarding of the first prize under this subsection, and
annually thereafter, the Secretary shall transmit to the
Congress a report that--
``(A) identifies each award recipient;
``(B) describes the technologies developed by each award
recipient; and
``(C) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this subsection.
``(7) Authorization of appropriations.--
``(A) In general.--
``(i) Awards.--There are authorized to be appropriated to
the Secretary for the period encompassing fiscal years 2008
through 2017 for carrying out this subsection--
``(I) $20,000,000 for awards described in paragraph
(2)(A)(i);
``(II) $20,000,000 for awards described in paragraph
(2)(A)(ii); and
``(III) $10,000,000 for the award described in paragraph
(2)(A)(iii).
``(ii) Administration.--In addition to the amounts
authorized in clause (i), there are authorized to be
appropriated to the Secretary for each of fiscal years 2008
and 2009 $2,000,000 for the administrative costs of carrying
out this subsection.
``(B) Carryover of funds.--Funds appropriated for prize
awards under this subsection shall remain available until
expended, and may be transferred, reprogrammed, or expended
for other purposes only after the expiration of 10 fiscal
years after the fiscal year for which the funds were
originally appropriated. No provision in this subsection
permits obligation or payment of funds in violation of
section 1341 of title 31 of the United States Code (commonly
referred to as the Anti-Deficiency Act).
``(8) Nonsubstitution.--The programs created under this
subsection shall not be considered a substitute for Federal
research and development programs.''.
TITLE V--AGRICULTURE ENERGY
SEC. 5001. TABLE OF CONTENTS.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is amended by inserting before
section 9001 the following new section:
``SEC. 9000. TABLE OF CONTENTS.
``The table of contents of this title is as follows:
``TITLE IX--ENERGY
``Sec. 9000. Table of contents.
``Sec. 9001. Definitions.
``Sec. 9002. Federal procurement of biobased products.
``Sec. 9003. Biorefinery development grants; loan guarantees for
biorefineries and biofuel production plants.
``Sec. 9004. Biodiesel fuel education program.
``Sec. 9005. Energy audit and renewable energy development program.
``Sec. 9006. Rural energy for America program.
``Sec. 9007. Hydrogen and fuel cell technologies.
``Sec. 9008. Biomass Research and Development Act of 2000.
``Sec. 9009. Cooperative research and extension projects.
``Sec. 9010. Continuation of bioenergy program.
``Sec. 9011. Research, extension, and educational programs on biobased
energy technologies and products.
``Sec. 9012. Energy Council of the Department of Agriculture.
``Sec. 9013. Forest bioenergy research program.''.
SEC. 5002. FEDERAL PROCUREMENT OF BIOBASED PRODUCTS.
Section 9002 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8102) is amended--
(1) in subsection (c)(1), by inserting ``, composed of at
least five percent of intermediate ingredients and feedstocks
(such as biopolymers, methyl soyate, and soy polyols) as
designated by the Secretary,'' after ``highest percentage of
biobased products practicable'';
(2) by striking subsection (h)(2) and inserting the
following:
``(2) Eligibility criteria.--
``(A) In general.--Not later than 90 days after the date of
the enactment of the New Direction for Energy Independence,
National Security, and Consumer Protection Act, the
Secretary, in consultation with other Federal departments and
agencies and with non-governmental groups with an interest in
biobased products, including small and large producers of
biobased materials and products, industry, trade
organizations, academia, consumer organizations, and
environmental organizations, shall issue criteria for
determining which products may qualify to receive the label
under paragraph (1). The
[[Page 23050]]
criteria shall encourage the purchase of products with the
maximum biobased content, and should, to the maximum extent
possible, be consistent with the guidelines issued under
subsection (e).
``(B) Intermediate ingredients.--The criteria issued under
subparagraph (A) shall provide that the Secretary may
designate intermediate ingredients and feedstocks (such as
biopolymers, methyl soyate, and soy polyols) as biobased for
the purposes of the voluntary program established under this
subsection.''; and
(3) by striking subsection (k)(2)(A) and inserting the
following:
``(A) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use $2,000,000 for each of
fiscal years 2008 through 2012 for bio-product testing and
support ongoing operations of the Designation Program, the
Voluntary Labeling Program, procurement program models,
procurement research, promotion, education, and awareness of
the BioPreferred Program.''.
SEC. 5003. LOAN GUARANTEES FOR BIOREFINERIES AND BIOFUEL
PRODUCTION PLANTS.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) is amended--
(1) in the section heading, by inserting ``; LOAN
GUARANTEES FOR BIOREFINERIES AND BIOFUEL PRODUCTION PLANTS''
after ``GRANTS'';
(2) in subsection (b)(2)(A), by striking ``and'' the 1st
place it appears and inserting ``or'';
(3) in subsection (c), by redesignating subsection (h) as
subsection (j) and subsections (d) through (g) as subsections
(e) through (h), respectively, and inserting after subsection
(c) the following:
``(d) Loan Guarantees.--
``(1) In general.--The Secretary shall make loan guarantees
to eligible entities to assist in paying the cost of
development and construction of biorefineries and biofuel
production plants (including retrofitting) to carry out
projects to demonstrate the commercial viability of 1 or more
processes for converting biomass to fuels or chemicals.
``(2) Limitations.--
``(A) Maximum percentage of loan guaranteed.--A loan
guarantee under paragraph (1) shall be for not more than 90
percent of the principal and interest due on the loan.
``(B) Total amounts guaranteed.--The total amount of
principal and interest guaranteed under paragraph (1) shall
not exceed--
``(i) $600,000,000, in the case of loans valued at not more
than $100,000,000; or
``(ii) $1,000,000,000, in the case of loans valued at more
than $100,000,000 but not more than $250,000,000.
``(C) Maximum term of loan guaranteed.--The Secretary shall
determine the maximum term of a loan guarantee provided under
paragraph (1).'';
(4) in subsection (f) (as so redesignated)--
(A) in paragraph (1), by inserting ``and loan guarantees
under subsection (d)'' after ``(c)'';
(B) in paragraph (2)(A), by inserting ``or loan guarantees
under subsection (d)'' after ``(c)'';
(C) in paragraph (2)(B)--
(i) by striking ``and'' at the end of clause (viii);
(ii) by striking the period at the end of clause (ix) and
inserting ``; and''; and
(iii) by adding at the end the following:
``(x) The level of local ownership.''; and
(D) by adding at the end the following:
``(3) Priority in awarding loan guarantees.--In selecting
projects to receive loan guarantees under subsection (d), the
Secretary shall give priority to projects based on the
criteria set forth in paragraph (2)(B) of this subsection.'';
(5) by inserting after subsection (h) the following new
subsection:
``(i) Condition of Provision of Assistance.--As a condition
of receiving a grant or loan guarantee under this section,
the eligible entity shall ensure that all laborers and
mechanics employed by contractors or subcontractors in the
performance of construction work financed in whole or in part
with the grant or loan guarantee, as the case may be, 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 section 3141 through
3144, 3146, and 3147 of title 40, United States Code. The
Secretary of Labor shall have, with respect to such labor
standards, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F. R. 3176; 64
Stat. 1267) and section 3145 of such title.'';
(6) in subsection (j) (as so redesignated), by striking
``2007'' and inserting ``2012''; and
(7) by adding at the end the following new subsections:
``(k) Additional Funding for Loan Guarantees.--Of the funds
of the Commodity Credit Corporation, the Secretary shall use
to carry out this section--
``(1) $50,000,000 for fiscal year 2008;
``(2) $65,000,000 for fiscal year 2009;
``(3) $75,000,000 for fiscal year 2010;
``(4) $150,000,000 for fiscal year 2011; and
``(5) $250,000,000 for fiscal year 2012.
``(l) Continuation of Operations.--
``(1) Funding.--The Secretary shall continue to carry out
this section at the rate of operation in effect on September
30, 2012, from sums in the Treasury not otherwise
appropriated, through September 30, 2017.
``(2) Authority.--The program and authorities provided
under this section shall continue in force and effect through
September 30, 2017.''.
SEC. 5004. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9004(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8104(d)) is amended to read as follows:
``(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make
available to carry out this section $2,000,000 for each of
fiscal years 2008 through 2012.''.
SEC. 5005. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT
PROGRAM.
Section 9005(i) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8105) is amended by striking ``2007''
and inserting ``2012''.
SEC. 5006. RENEWABLE ENERGY SYSTEMS AND ENERGY EFFICIENCY
IMPROVEMENTS.
Section 9006 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8106) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
other agricultural producer'' after ``rancher'';
(B) in paragraph (1), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period and inserting
``; and''; and
(D) by adding at the end the following new paragraph:
``(3) produce and sell electricity generated by new
renewable energy systems.'';
(3) in subsection (b), by inserting ``, other agricultural
producer'' after ``rancher'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``50 percent'' and
inserting ``75 percent''; and
(ii) by redesignating subparagraph (B) as subparagraph (C)
and inserting after subparagraph (A) the following:
``(B) Loan guarantees.--
``(i) Maximum amount.--The amount of a loan guaranteed
under this section shall not exceed $25,000,000.
``(ii) Maximum percentage.--A loan guaranteed under this
section shall not exceed 75 percent of the cost of the
activity funded under subsection (a).''; and
(B) by adding at the end the following new paragraph:
``(3) Prioritization.--The Secretary shall give the
greatest priority for grants under subsection (a) to
activities for which the least percentage of the total cost
of such activities is requested by the farmer, rancher, other
agricultural producer, or rural small business.''.
(5) by redesignating subsection (e) as subsection (g) and
striking subsection (f);
(6) by inserting after subsection (d) the following new
subsections:
``(e) Feasibility Studies.--
``(1) In general.--The Secretary may provide assistance to
a farmer, rancher, other agricultural producer, or rural
small business to conduct a feasibility study of a project
for which assistance may be provided under this section.
``(2) Limitation.--The Secretary shall use not more than 10
percent of the funds made available to carry out this section
to provide assistance described in paragraph (1).
``(3) Criteria.--The Secretary shall issue regulations
establishing criteria for the receipt of assistance under
this subsection.
``(4) Avoidance of duplicative assistance.--An farmer,
rancher, other agricultural producer, or rural small business
that receives assistance to carry out a feasibility study for
a project under this subsection shall not be eligible for
assistance to carry out a feasibility study for the project
under any other provision of law.
``(f) Small Activities.--
``(1) Limitation on use of funds.--The Secretary shall use
not less than 15 percent of the funds made available under
subsection (h) to provide grants for activities that have a
cost of $50,000 or less.
``(2) Exception.--Beginning on the first day of the third
quarter of a fiscal year, the limitation on the use of funds
under paragraph (1) shall not apply to funds made available
under subsection (h) for such fiscal year.''; and
(7) by adding at the end the following new subsection:
``(h) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make
available to carry out this section--
``(A) $40,000,000 for fiscal year 2008;
``(B) $60,000,000 for fiscal year 2009;
``(C) $75,000,000 for fiscal year 2010;
``(D) $100,000,000 for fiscal year 2011; and
``(E) $150,000,000 for fiscal year 2012.
``(3) Continuation of operations.--
``(A) Funding.--The Secretary shall continue to carry out
this section at the rate of operation in effect on September
30, 2012, from sums in the Treasury not otherwise
appropriated, through September 30, 2017.
[[Page 23051]]
``(B) Authority.--The program and authorities provided
under this section shall continue in force and effect through
September 30, 2017.''.
SEC. 5007. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.
(a) Restatement of Act.--Section 9008 of the Farm Security
and Rural Investment Act of 2002 (116 Stat. 486) is amended
to read as follows:
``SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.
``(a) Short Title.--This section may be cited as the
`Biomass Research and Development Act of 2000'.
``(b) Findings.--Congress finds that--
``(1) conversion of biomass into biobased industrial
products offers outstanding potential for benefit to the
national interest through--
``(A) improved strategic security and balance of payments;
``(B) healthier rural economies;
``(C) improved environmental quality;
``(D) near-zero net greenhouse gas emissions;
``(E) technology export; and
``(F) sustainable resource supply;
``(2) the key technical challenges to be overcome in order
for biobased industrial products to be cost-competitive are
finding new technology and reducing the cost of technology
for converting biomass into desired biobased industrial
products;
``(3) biobased fuels have the clear potential to be
sustainable, low cost, and high performance fuels that are
compatible with both current and future transportation
systems and provide near-zero net greenhouse gas emissions;
``(4) biobased chemicals have the clear potential for
environmentally benign product life cycles;
``(5) biobased power can--
``(A) provide environmental benefits;
``(B) promote rural economic development; and
``(C) diversify energy resource options;
``(6) many biomass feedstocks suitable for industrial
processing show the clear potential for sustainable
production, in some cases resulting in improved soil
fertility and carbon sequestration;
``(7)(A) grain processing mills are biorefineries that
produce a diversity of useful food, chemical, feed, and fuel
products; and
``(B) technologies that result in further diversification
of the range of value-added biobased industrial products can
meet a key need for the grain processing industry;
``(8)(A) cellulosic feedstocks are attractive because of
their low cost and widespread availability; and
``(B) research resulting in cost-effective technology to
overcome the recalcitrance of cellulosic biomass would allow
biorefineries to produce fuels and bulk chemicals on a very
large scale, with a commensurately large realization of the
benefit described in paragraph (1);
``(9) research into the fundamentals to understand
important mechanisms of biomass conversion can be expected to
accelerate the application and advancement of biomass
processing technology by--
``(A) increasing the confidence and speed with which new
technologies can be scaled up; and
``(B) giving rise to processing innovations based on new
knowledge;
``(10) the added utility of biobased industrial products
developed through improvements in processing technology would
encourage the design of feedstocks that would meet future
needs more effectively;
``(11) the creation of value-added biobased industrial
products would create new jobs in construction,
manufacturing, and distribution, as well as new higher-valued
exports of products and technology;
``(12)(A) because of the relatively short-term time horizon
characteristic of private sector investments, and because
many benefits of biomass processing are in the national
interest, it is appropriate for the Federal Government to
provide precommercial investment in fundamental research and
research-driven innovation in the biomass processing area;
and
``(B) such an investment would provide a valuable
complement to ongoing and past governmental support in the
biomass processing area; and
``(13) several prominent studies, including studies by the
President's Committee of Advisors on Science and Technology
and the National Research Council--
``(A) support the potential for large research-driven
advances in technologies for production of biobased
industrial products as well as associated benefits; and
``(B) document the need for a focused, integrated, and
innovation-driven research effort to provide the appropriate
progress in a timely manner.
``(c) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee'
means the Biomass Research and Development Technical Advisory
Committee established by this section.
``(2) Biobased fuel.--The term `biobased fuel' means any
transportation or heating fuel produced from biomass.
``(3) Biobased product.--The term `biobased product' means
an industrial product (including chemicals, materials, and
polymers) produced from biomass, or a commercial or
industrial product (including animal feed and electric power)
derived in connection with the conversion of biomass to fuel.
``(4) Biomass.--The term `biomass' means any organic matter
that is available on a renewable or recurring basis,
including agricultural crops and trees, wood and wood wastes
and residues, plants (including aquatic plants), grasses,
residues, fibers, and animal wastes, municipal wastes, and
other waste materials.
``(5) Board.--The term `Board' means the Biomass Research
and Development Board established by this section.
``(6) Demonstration.--The term `demonstration' means
demonstration of technology in a pilot plant or semi-works
scale facility.
``(7) Initiative.--The term `Initiative' means the Biomass
Research and Development Initiative established under this
section.
``(8) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a)).
``(9) National laboratory.--The term `National Laboratory'
has the meaning given that term in section 2 of the Energy
Policy Act of 2005.
``(10) Point of contact.--The term `point of contact' means
a point of contact designated under this section.
``(d) Cooperation and Coordination in Biomass Research and
Development.--
``(1) In general.--The Secretary of Agriculture and the
Secretary of Energy shall cooperate with respect to, and
coordinate, policies and procedures that promote research and
development leading to the production of biobased fuels and
biobased products.
``(2) Points of contact.--
``(A) In general.--To coordinate research and development
programs and activities relating to biobased fuels and
biobased products that are carried out by their respective
Departments--
``(i) the Secretary of Agriculture shall designate, as the
point of contact for the Department of Agriculture, an
officer of the Department of Agriculture appointed by the
President to a position in the Department before the date of
the designation, by and with the advice and consent of the
Senate; and
``(ii) the Secretary of Energy shall designate, as the
point of contact for the Department of Energy, an officer of
the Department of Energy appointed by the President to a
position in the Department before the date of the
designation, by and with the advice and consent of the
Senate.
``(B) Duties.--The points of contact shall jointly--
``(i) assist in arranging interlaboratory and site-specific
supplemental agreements for research and development projects
relating to biobased fuels and biobased products;
``(ii) serve as cochairpersons of the Board;
``(iii) administer the Initiative; and
``(iv) respond in writing to each recommendation of the
Advisory Committee made under subsection (f).
``(e) Biomass Research and Development Board.--
``(1) Establishment.--There is established the Biomass
Research and Development Board, which shall supersede the
Interagency Council on Biobased Products and Bioenergy
established by Executive Order No. 13134, to coordinate
programs within and among departments and agencies of the
Federal Government for the purpose of promoting the use of
biobased fuels and biobased products by--
``(A) maximizing the benefits deriving from Federal grants
and assistance; and
``(B) bringing coherence to Federal strategic planning.
``(2) Membership.--The Board shall consist of--
``(A) the point of contact of the Department of Energy
designated under subsection (d), who shall serve as
cochairperson of the Board;
``(B) the point of contact of the Department of Agriculture
designated under subsection (d), who shall serve as
cochairperson of the Board;
``(C) a senior officer of each of the Department of the
Interior, the Environmental Protection Agency, the National
Science Foundation, and the Office of Science and Technology
Policy, each of whom shall--
``(i) be appointed by the head of the respective agency;
and
``(ii) have a rank that is equivalent to the rank of the
points of contact; and
``(D) at the option of the Secretary of Agriculture and the
Secretary of Energy, other members appointed by the
Secretaries (after consultation with the members described in
subparagraphs (A) through (C)).
``(3) Duties.--The Board shall--
``(A) coordinate research and development activities
relating to biobased fuels and biobased products--
``(i) between the Department of Agriculture and the
Department of Energy; and
``(ii) with other departments and agencies of the Federal
Government;
``(B) provide recommendations to the points of contact
concerning administration of this title;
``(C) ensure that--
[[Page 23052]]
``(i) solicitations are open and competitive with awards
made annually; and
``(ii) objectives and evaluation criteria of the
solicitations are clearly stated and minimally prescriptive,
with no areas of special interest; and
``(D) ensure that the panel of scientific and technical
peers assembled under subsection (g) to review proposals is
composed predominantly of independent experts selected from
outside the Departments of Agriculture and Energy.
``(4) Funding.--Each agency represented on the Board is
encouraged to provide funds for any purpose under this
section.
``(5) Meetings.--The Board shall meet at least quarterly to
enable the Board to carry out the duties of the Board under
paragraph (3).
``(f) Biomass Research and Development Technical Advisory
Committee.--
``(1) Establishment.--There is established the Biomass
Research and Development Technical Advisory Committee, which
shall supersede the Advisory Committee on Biobased Products
and Bioenergy established by Executive Order No. 13134--
``(A) to advise the Secretary of Energy, the Secretary of
Agriculture, and the points of contact concerning--
``(i) the technical focus and direction of requests for
proposals issued under the Initiative; and
``(ii) procedures for reviewing and evaluating the
proposals;
``(B) to facilitate consultations and partnerships among
Federal and State agencies, agricultural producers, industry,
consumers, the research community, and other interested
groups to carry out program activities relating to the
Initiative; and
``(C) to evaluate and perform strategic planning on program
activities relating to the Initiative.
``(2) Membership.--
``(A) In general.--The Advisory Committee shall consist
of--
``(i) an individual affiliated with the biofuels industry;
``(ii) an individual affiliated with the biobased
industrial and commercial products industry;
``(iii) an individual affiliated with an institution of
higher education who has expertise in biobased fuels and
biobased products;
``(iv) two prominent engineers or scientists from
government or academia who have expertise in biobased fuels
and biobased products;
``(v) an individual affiliated with a commodity trade
association;
``(vi) 2 individuals affiliated with an environmental or
conservation organization;
``(vii) an individual associated with State government who
has expertise in biobased fuels and biobased products;
``(viii) an individual with expertise in energy and
environmental analysis;
``(ix) an individual with expertise in the economics of
biobased fuels and biobased products;
``(x) an individual with expertise in agricultural
economics; and
``(xi) at the option of the points of contact, other
members.
``(B) Appointment.--The members of the Advisory Committee
shall be appointed by the points of contact.
``(3) Duties.--The Advisory Committee shall--
``(A) advise the points of contact with respect to the
Initiative; and
``(B) evaluate whether, and make recommendations in writing
to the Board to ensure that--
``(i) funds authorized for the Initiative are distributed
and used in a manner that is consistent with the objectives,
purposes, and considerations of the Initiative;
``(ii) solicitations are open and competitive with awards
made annually and that objectives and evaluation criteria of
the solicitations are clearly stated and minimally
prescriptive, with no areas of special interest;
``(iii) the points of contact are funding proposals under
this title that are selected on the basis of merit, as
determined by an independent panel of scientific and
technical peers predominantly from outside the Departments of
Agriculture and Energy; and
``(iv) activities under this section are carried out in
accordance with this section.
``(4) Coordination.--To avoid duplication of effort, the
Advisory Committee shall coordinate its activities with those
of other Federal advisory committees working in related
areas.
``(5) Meetings.--The Advisory Committee shall meet at least
quarterly to enable the Advisory Committee to carry out the
duties of the Advisory Committee.
``(6) Terms.--Members of the Advisory Committee shall be
appointed for a term of 3 years, except that--
``(A) one-third of the members initially appointed shall be
appointed for a term of 1 year; and
``(B) one-third of the members initially appointed shall be
appointed for a term of 2 years.
``(g) Biomass Research and Development Initiative.--
``(1) In general.--The Secretary of Agriculture and the
Secretary of Energy, acting through their respective points
of contact and in consultation with the Board, shall
establish and carry out a Biomass Research and Development
Initiative under which competitively awarded grants,
contracts, and financial assistance are provided to, or
entered into with, eligible entities to carry out research
on, and development and demonstration of, biobased fuels and
biobased products, and the methods, practices and
technologies, for their production.
``(2) Objectives.--The objectives of the Initiative are to
develop--
``(A) technologies and processes necessary for abundant
commercial production of biobased fuels at prices competitive
with fossil fuels;
``(B) high-value biobased products--
``(i) to enhance the economic viability of biobased fuels
and power; and
``(ii) as substitutes for petroleum-based feedstocks and
products; and
``(C) a diversity of sustainable domestic sources of
biomass for conversion to biobased fuels and biobased
products.
``(3) Purposes.--The purposes of the Initiative are--
``(A) to increase the energy security of the United States;
``(B) to create jobs and enhance the economic development
of the rural economy;
``(C) to enhance the environment and public health; and
``(D) to diversify markets for raw agricultural and
forestry products.
``(4) Technical areas.--To advance the objectives and
purposes of the Initiative, the Secretary of Agriculture and
the Secretary of Energy, in consultation with the
Administrator of the Environmental Protection Agency and
heads of other appropriate departments and agencies (referred
to in this subsection as the `Secretaries'), shall direct
research and development toward--
``(A) feedstock production through the development of crops
and cropping systems relevant to production of raw materials
for conversion to biobased fuels and biobased products,
including--
``(i) development of advanced and dedicated crops with
desired features, including enhanced productivity, broader
site range, low requirements for chemical inputs, and
enhanced processing;
``(ii) advanced crop production methods to achieve the
features described in clause (i);
``(iii) feedstock harvest, handling, transport, and
storage; and
``(iv) strategies for integrating feedstock production into
existing managed land;
``(B) overcoming recalcitrance of cellulosic biomass
through developing technologies for converting cellulosic
biomass into intermediates that can subsequently be converted
into biobased fuels and biobased products, including--
``(i) pretreatment in combination with enzymatic or
microbial hydrolysis; and
``(ii) thermochemical approaches, including gasification
and pyrolysis;
``(C) product diversification through technologies relevant
to production of a range of biobased products (including
chemicals, animal feeds, and cogenerated power) that
eventually can increase the feasibility of fuel production in
a biorefinery, including--
``(i) catalytic processing, including thermochemical fuel
production;
``(ii) metabolic engineering, enzyme engineering, and
fermentation systems for biological production of desired
products or cogeneration of power;
``(iii) product recovery;
``(iv) power production technologies; and
``(v) integration into existing biomass processing
facilities, including starch ethanol plants, sugar processing
or refining plants, paper mills, and power plants; and
``(D) analysis that provides strategic guidance for the
application of biomass technologies in accordance with
realization of improved sustainability and environmental
quality, cost effectiveness, security, and rural economic
development, usually featuring system-wide approaches.
``(5) Additional considerations.--Within the technical
areas described in paragraph (4), and in addition to
advancing the purposes described in paragraph (3) and the
objectives described in paragraph (2), the Secretaries shall
support research and development--
``(A) to create continuously expanding opportunities for
participants in existing biofuels production by seeking
synergies and continuity with current technologies and
practices, such as the use of dried distillers grains as a
bridge feedstock;
``(B) to maximize the environmental, economic, and social
benefits of production of biobased fuels and biobased
products on a large scale through life-cycle economic and
environmental analysis and other means; and
``(C) to assess the potential of Federal land and land
management programs as feedstock resources for biobased fuels
and biobased products, consistent with the integrity of soil
and water resources and with other environmental
considerations.
``(6) Eligible entities.--To be eligible for a grant,
contract, or assistance under this subsection, an applicant
shall be--
``(A) an institution of higher education;
``(B) a National Laboratory;
``(C) a Federal research agency;
``(D) a State research agency;
``(E) a private sector entity;
``(F) a nonprofit organization; or
``(G) a consortium of two or more entities described in
subparagraphs (A) through (F).
[[Page 23053]]
``(7) Administration.--
``(A) In general.--After consultation with the Board, the
points of contact shall--
``(i) publish annually one or more joint requests for
proposals for grants, contracts, and assistance under this
subsection;
``(ii) require that grants, contracts, and assistance under
this section be awarded competitively, on the basis of merit,
after the establishment of procedures that provide for
scientific peer review by an independent panel of scientific
and technical peers; and
``(iii) give some preference to applications that--
``(I) involve a consortia of experts from multiple
institutions;
``(II) encourage the integration of disciplines and
application of the best technical resources; and
``(III) increase the geographic diversity of demonstration
projects.
``(B) Distribution of funding by technical area.--Of the
funds authorized to be appropriated for activities described
in this subsection, funds shall be distributed for each of
fiscal years 2007 through 2012 so as to achieve an
approximate distribution of--
``(i) 20 percent of the funds to carry out activities for
feedstock production under paragraph (4)(A);
``(ii) 45 percent of the funds to carry out activities for
overcoming recalcitrance of cellulosic biomass under
paragraph (4)(B);
``(iii) 30 percent of the funds to carry out activities for
product diversification under paragraph (4)(C); and
``(iv) 5 percent of the funds to carry out activities for
strategic guidance under paragraph (4)(D).
``(C) Distribution of funding within each technical area.--
Within each technical area described in subparagraphs (A)
through (C) of paragraph (4), funds shall be distributed for
each of fiscal years 2007 through 2012 so as to achieve an
approximate distribution of--
``(i) 15 percent of the funds for applied fundamentals;
``(ii) 35 percent of the funds for innovation; and
``(iii) 50 percent of the funds for demonstration.
``(D) Matching funds.--
``(i) In general.--A minimum 20 percent funding match shall
be required for demonstration projects under this section.
``(ii) Commercial applications.--A minimum of 50 percent
funding match shall be required for commercial application
projects under this section.
``(E) Technology and information transfer to agricultural
users.--The Administrator of the Cooperative State Research,
Education, and Extension Service and the Chief of the Natural
Resources Conservation Service shall ensure that applicable
research results and technologies from the Initiative are
adapted, made available, and disseminated through those
services, as appropriate.
``(h) Administrative Support and Funds.--
``(1) In general.--To the extent administrative support and
funds are not provided by other agencies under paragraph
(2)(b), the Secretary of Energy and the Secretary of
Agriculture may provide such administrative support and funds
of the Department of Energy and the Department of Agriculture
to the Board and the Advisory Committee as are necessary to
enable the Board and the Advisory Committee to carry out
their duties under this section.
``(2) Other agencies.--The heads of the agencies referred
to in subsection (e)(2)(C), and the other members appointed
under subsection (e)(2)(D), may, and are encouraged to,
provide administrative support and funds of their respective
agencies to the Board and the Advisory Committee.
``(3) Limitation.--Not more than 4 percent of the amount
appropriated for each fiscal year under subsection (g)(6) may
be used to pay the administrative costs of carrying out this
section.
``(i) Reports.--
``(1) Annual reports.--For each fiscal year for which funds
are made available to carry out this section, the Secretary
of Energy and the Secretary of Agriculture shall jointly
submit to Congress a detailed report on--
``(A) the status and progress of the Initiative, including
a report from the Advisory Committee on whether funds
appropriated for the Initiative have been distributed and
used in a manner that--
``(i) is consistent with the objectives, purposes, and
additional considerations described in paragraphs (2) through
(5) of subsection (g);
``(ii) uses the set of criteria established in the initial
report submitted under title III of the Agricultural Risk
Protection Act of 2000;
``(iii) achieves the distribution of funds described in
subparagraphs (B) and (C) of subsection (g)(7); and
``(iv) takes into account any recommendations that have
been made by the Advisory Committee;
``(B) the general status of cooperation and research and
development efforts carried out at each agency with respect
to biobased fuels and biobased products, including a report
from the Advisory Committee on whether the points of contact
are funding proposals that are selected under subsection
(g)(3)(B)(iii); and
``(C) the plans of the Secretary of Energy and the
Secretary of Agriculture for addressing concerns raised in
the report, including concerns raised by the Advisory
Committee.
``(2) Updates.--The Secretary and the Secretary of Energy
shall update the Vision and Roadmap documents prepared for
Federal biomass research and development activities.
``(j) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make
available to carry out this section--
``(A) $18,000,000 for fiscal year 2008;
``(B) $28,000,000 for fiscal year 2009;
``(C) $40,000,000 for fiscal year 2010;
``(D) $50,000,000 for fiscal year 2011; and
``(E) $100,000,000 for fiscal year 2012.
``(2) Continuation of operations.--
``(A) Funding.--The Secretary shall continue to carry out
this section at the rate of operation in effect on September
30, 2012, from sums in the Treasury not otherwise
appropriated, through September 30, 2017.
``(B) Authority.--The program and authorities provided
under this section shall continue in force and effect through
September 30, 2017.''.
SEC. 5008. ADJUSTMENTS TO THE BIOENERGY PROGRAM.
Section 9010 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'';
(ii) in subparagraph (B), by striking the final period and
inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
``(C) production of heat and power at a biofuels plant;
``(D) biomass gasification;
``(E) hydrogen made from cellulosic commodities for fuel
cells;
``(F) renewable diesel; and
``(G) such other items as the Secretary considers
appropriate.'';
(B) by striking paragraph (3) and inserting the following:
``(3) Eligible feedstock.--
``(A) In general.--The term `eligible feedstock' means--
``(i) any plant material grown or collected for the purpose
of being converted to energy (including aquatic plants);
``(ii) any organic byproduct or residue from agriculture
and forestry, including mill residues and pulping residues
that can be converted into energy;
``(iii) any waste material that can be converted to energy
and is derived from plant material, including--
``(I) wood waste and residue;
``(II) specialty crop waste, including waste derived from
orchard trees, vineyard crops, and nut crops; or
``(III) other fruit and vegetable byproducts or residues;
or
``(iv) animal waste and byproducts.
``(B) Exclusion.--The term `eligible feedstock' does not
include corn starch.'';
(C) in paragraph (4), by striking ``an eligible commodity''
and inserting ``eligible feedstock''; and
(D) by adding at the end the following new paragraph:
``(5) Renewable diesel.--The term `renewable diesel' means
any type of biobased renewable fuel derived from plant or
animal matter that may be used as a substitute for standard
diesel fuel and meets the requirements of an appropriate
American Society for Testing and Material standard. Such term
does not include any fuel derived from coprocessing an
eligible feedstock with a feedstock that is not biomass.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``The Secretary shall continue'' and all
that follows through ``the Secretary makes'' and inserting
``The Secretary shall make''; and
(ii) by striking ``eligible commodities'' and inserting
``eligible feedstock'';
(B) in paragraph (2)(B), by striking ``eligible
commodities'' and inserting ``eligible feedstock'';
(C) in paragraph (3), by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Priority.--In making payments under this paragraph,
the Secretary shall give priority to contracts by considering
the factors referred to in section 9003(e)(2)(B).''; and
(D) by striking paragraph (6) and inserting the following:
``(6) Limitation.--The Secretary may limit the amount of
payments that may be received by an eligible producer under
this section as the Secretary considers appropriate.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry
out this section--
``(A) $150,000,000 for fiscal year 2008;
``(B) $150,000,000 for fiscal year 2009;
``(C) $170,000,000 for fiscal year 2010;
``(D) $180,000,000 for fiscal year 2011; and
``(E) $286,000,000 for fiscal year 2012.
``(2) Continuation of operations.--
``(A) Funding.--The Secretary shall continue to carry out
this section at the rate of
[[Page 23054]]
operation in effect on September 30, 2012, from sums in the
Treasury not otherwise appropriated, through September 30,
2017.
``(B) Authority.--The program and authorities provided
under this section shall continue in force and effect through
September 30, 2017.''.
SEC. 5009. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON
BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.
Section 9011(j)(1)(C) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8109(j)(1)(C)) is amended by
striking ``2010'' and inserting ``2012''.
SEC. 5010. ENERGY COUNCIL OF THE DEPARTMENT OF AGRICULTURE.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is further amended by adding at
the end the following new section:
``SEC. 9012. ENERGY COUNCIL OF THE DEPARTMENT OF AGRICULTURE.
``(a) In General.--The Secretary of Agriculture shall
establish an energy council in the Office of the Secretary
(in this section referred to as the `Council') to coordinate
the energy policy of the Department of Agriculture and
consult with other departments and agencies of the Federal
Government.
``(b) Membership.--
``(1) In general.--The Secretary shall appoint the members
of the Council from among the staff of the agencies and
mission areas of the Department of Agriculture with
responsibilities relating to energy programs or policies.
``(2) Chair.--The chief economist and the Under Secretary
for Rural Development of the Department of Agriculture shall
serve as the Chairs of the Council.
``(c) Duties of Office of Energy Policy and New Uses.--The
Office of Energy Policy and New Uses of the Department of
Agriculture shall support the activities of the Council.''.
SEC. 5011. FOREST BIOENERGY RESEARCH PROGRAM.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is further amended by adding at
the end the following new section:
``SEC. 9013. FOREST BIOENERGY RESEARCH PROGRAM.
``(a) In General.--The Secretary of Agriculture, working
through the Forest Service, in cooperation with other Federal
agencies, land grant colleges and universities, and private
entities, shall conduct a competitive research and
development program to encourage new forest-to-energy
technologies. The Secretary may use grants, cooperative
agreements, and other methods to partner with cooperating
entities on projects that the Secretary determines shall best
promote new forest-to-energy technologies.
``(b) Priority for Project Selection.--The Secretary shall
give priority to projects that--
``(1) develop technology and techniques to use low value
forest materials, such as byproducts of forest health
treatments and hazardous fuel reduction, for the production
of energy;
``(2) develop processes for the conversion of cellulosic
forest materials that integrate production of energy into
existing manufacturing steams or in integrated forest
biorefineries;
``(3) develop new transportation fuels that use forest
materials as a feedstock for the production of such fuels; or
``(4) improve the of growth and yield of trees for the
purpose of renewable energy and other forest product use.
``(c) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall make
available to carry out this section--
``(1) $4,000,000 for fiscal year 2008;
``(2) $6,000,000 for fiscal year 2009;
``(3) $7,000,000 for fiscal year 2010;
``(4) $9,000,000 for fiscal year 2011; and
``(5) $10,000,000 for fiscal year 2012.''.
SEC. 5012. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY
PRODUCERS.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is further amended by adding at
the end the following new section:
``SEC. 9014. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY
PRODUCERS.
``(a) Definitions.--In this section:
``(1) Bioenergy.--The term `bioenergy' means fuel grade
ethanol and other biofuel.
``(2) Bioenergy producer.--The term `bioenergy producer'
means a producer of bioenergy that uses an eligible commodity
to produce bioenergy under this section.
``(3) Eligible commodity.--The term `eligible commodity'
means a form of raw or refined sugar or in-process sugar that
is eligible to be marketed in the United States for human
consumption or to be used for the extraction of sugar for
human consumption.
``(4) Eligible entity.--The term `eligible entity' means an
entity located in the United States that markets an eligible
commodity in the United States.
``(b) Feedstock Flexibility Program.--
``(1) In general.--
``(A) Purchases and sales.--For each of fiscal years 2008
through 2012, the Secretary shall purchase eligible
commodities from eligible entities and sell such commodities
to bioenergy producers for the purpose of producing bioenergy
in a manner that ensures that 156 of the Federal Agricultural
Improvement and Reform Act (7 U.S.C. 7272) is operated at no
cost to the Federal Government by avoiding forfeitures to the
Commodity Credit Corporation.
``(B) Competitive procedures.--In carrying out the
purchases and sales required under subparagraph (A), the
Secretary shall, to the maximum extent practicable, use
competitive procedures, including the receiving, offering,
and accepting of bids, when entering into contracts with
eligible entities and bioenergy producers, provided that such
procedures are consistent with the purposes of subparagraph
(A).
``(C) Limitation.--The purchase and sale of eligible
commodities under subparagraph (A) shall only be made in
fiscal years in which such purchases and sales are necessary
to ensure that the program authorized under section 156 of
the Federal Agriculture Improvement and Reform Act (7 U.S.C.
7272) is operated at no cost to the Federal Government by
avoiding forfeitures to the Commodity Credit Corporation.
``(2) Notice.--
``(A) In general.--Not later than September 1, 2007, and
each September 1 thereafter through fiscal year 2011, the
Secretary shall provide notice to eligible entities and
bioenergy producers of the quantity of eligible commodities
that shall be made available for purchase and sale for the
subsequent fiscal year under this section.
``(B) Reestimates.--Not later than the first day of each of
the second through fourth quarters of each of fiscal years
2008 through 2012, the Secretary shall reestimate the
quantity of eligible commodities determined under
subparagraph (A), and provide notice and make purchases and
sales based on such reestimates.
``(3) Commodity credit corporation inventory.--To the
extent that an eligible commodity is owned and held in
inventory by the Commodity Credit Corporation (accumulated
pursuant to the program authorized under section 156 of the
Federal Agriculture Improvement and Reform Act (7 U.S.C.
7272)), the Secretary shall sell such commodity to bioenergy
producers under this section.
``(4) Transfer rule; storage fees.--
``(A) General transfer rule.--Except as provided in
subparagraph (C), the Secretary shall ensure that bioenergy
producers that purchase eligible commodities pursuant to this
subsection take possession of such commodities within 30
calendar days of the date of such purchase from the Commodity
Credit Corporation.
``(B) Payment of storage fees prohibited.--
``(i) In general.--The Secretary shall, to the greatest
extent practicable, carry out this subsection in a manner
that ensures no storage fees are paid by the Commodity Credit
Corporation in the administration of this subsection.
``(ii) Exception.--Clause (i) shall not apply with respect
to any commodities owned and held in inventory by the
Commodity Credit Corporation (accumulated pursuant to the
program authorized under section 156 of the Federal
Agriculture Improvement and Reform Act (7 U.S.C. 7272)).
``(C) Option to prevent storage fees.--
``(i) In general.--The Secretary may enter into contracts
with bioenergy producers to sell eligible commodities to such
producers prior in time to entering into contracts with
eligible entities to purchase such commodities to be used to
satisfy the contracts entered into with the bioenergy
producers.
``(ii) Special transfer rule.--If the Secretary makes a
sale and purchase referred to in clause (i), the Secretary
shall ensure that the bioenergy producer that purchased
eligible commodities takes possession of such commodities
within 30 calendar days of the date the Commodity Credit
Corporation purchases such commodities.
``(5) Relation to other laws.--If sugar that is subject to
a marketing allotment under part VII of subtitle B of title
III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359aa et seq.) is the subject of a payment under this
section, such sugar shall be considered marketed and shall
count against a processor's allocation of an allotment under
such part, as applicable.
``(6) Funding.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation, including the use of such sums as are necessary,
to carry out this section.''.
TITLE VI--CARBON-NEUTRAL GOVERNMENT
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Carbon-Neutral Government
Act of 2007''.
SEC. 6002. FINDINGS.
The Congress finds the following:
(1) The harms associated with global warming are serious
and well recognized. These include the global retreat of
mountain glaciers, reduction in snow cover extent, the
earlier spring melting of rivers and lakes, the accelerated
rate of rise of sea levels during the 20th century relative
to the past few thousand years, and increased intensity of
hurricanes and typhoons.
(2) The risks associated with a global mean surface
temperature increase above 2 C (3.6 F) above preindustrial
temperature are grave. According to the Intergovernmental
[[Page 23055]]
Panel on Climate Change, such temperature increases would
increase the severity of ongoing alterations of terrestrial
and marine environments, with potentially catastrophic
results. Ongoing and projected effects include more prevalent
droughts in dry regions, an increase in the spread of
disease, a significant reduction in water storage in winter
snowpack in mountainous regions with direct and important
economic consequences, a precipitous rise in sea levels by
the end of the century, the potential devastation of coastal
communities, severe and irreversible changes to natural
ecosystems such as the bleaching and destruction of much of
the world's coral, and the potential extinction of 30 percent
of all living species.
(3) That these climate change effects and risks of future
effects are widely shared does not minimize the adverse
affects individual persons have suffered, will suffer, and
are at risk of suffering because of global warming.
(4) That some of the adverse and potentially catastrophic
effects of global warming are presently at risk of occurring
and not a certainty does not negate the harm persons suffer
from actions that increase the likelihood, extent, and
severity of such future impacts.
(5) To preserve the ability to stabilize atmospheric
greenhouse gas concentrations at levels likely to protect
against a temperature rise above 2 C (3.6 F) and maintain
the likelihood of avoiding catastrophic global warming will
require reductions of greenhouse gas emissions of 50 percent
to 85 percent globally.
(6) Achieving such reductions will require a multitude of
actions across the global economy that may each address a
relatively minute quantity of emissions, but will be
cumulatively significant.
(7) With only 5 percent of the world population, the United
States emits approximately 20 percent of the world's total
greenhouse gas emissions, and must be a leader in addressing
global warming.
(8) The United States Government is the largest energy
consumer in the United States and is responsible for roughly
100,000,000 metric tons of CO2-equivalent emissions annually.
(9) A reduction in greenhouse gas emissions by Federal
agencies would slow the increase of global emissions, thereby
slowing the increase of global warming and the exacerbation
of the risks associated with global warming. In addition,
Federal action would accelerate the pace of development and
adoption of technologies that will be critical to addressing
global warming in the United States and worldwide.
(10) A failure by any Federal agency to comply with the
provisions of this title requiring reductions in its
greenhouse gas emissions would exacerbate the pace, extent,
and risks of global warming, causing harms beyond what would
otherwise occur. The incremental emissions from a Federal
agency's failure to comply with this title create a harm,
which is the incremental exacerbation of the adverse effects
and risks of global warming. Although the emissions
increments involved could be relatively small, such a failure
allowing incrementally greater emissions would injure all
United States citizens.
(11) Improved management of Government operations,
including acquisitions and procurement and operation of
Government facilities, can maximize the use of existing
energy efficiency and renewable energy technologies to reduce
global warming pollution, while saving taxpayers' money,
reducing our dependence on oil, enhancing national security,
cleaning the air, and protecting pristine places from
drilling and mining.
(12) Enhancing the accountability and transparency of
Government operations through setting milestones for agency
activities, planning, measuring results, tracking results
over time, and public reporting can improve Government
management and make Government operations more efficient and
cost effective.
Subtitle A--Federal Government Inventory and Management of Greenhouse
Gas Emissions
SEC. 6101. INVENTORY OF FEDERAL GOVERNMENT GREENHOUSE GAS
EMISSIONS.
(a) In General.--Each agency shall, in accordance with the
guidance issued under subsection (b), annually inventory and
report its greenhouse gas emissions for the preceding fiscal
year. Each such inventory and report shall indicate as
discrete categories--
(1) any direct emission of greenhouse gas as a result of an
activity of the agency;
(2) the quantity of indirect emissions of greenhouse gases
attributable to the generation of electricity used by the
agency and commercial air travel by agency personnel; and
(3) the quantity of emissions of greenhouse gases
associated with the work performed for the agency by Federal
contractors, comprising direct emissions and indirect
emissions associated with electricity used by, and commercial
air travel by, such contractors.
(b) Guidance; Assistance.--Not later than 3 months after
the date of the enactment of this Act, the Administrator
shall issue guidance for agencies for conducting inventories
under this section and reporting under section 6102. Such
guidance shall establish inventory and reporting procedures
that are at least as rigorous as the inventory procedures
established under the Environmental Protection Agency's
Climate Leaders program and shall define the scope of the
inventories of direct emissions described in subsection
(a)(1) to be complete and consistent with the national
obligation for reporting inventories under the United Nations
Framework Convention on Climate Change. The Administrator
shall provide assistance to agencies in preparing their
inventories.
(c) Initial Inventory by Agencies.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, each agency shall submit to the
Administrator and make publicly available on the agency's
website an initial inventory of the agency's greenhouse gas
emissions for the preceding fiscal year.
(2) Certification.--Not later than 6 months after an agency
submits an initial inventory under paragraph (1), the
Administrator shall review the inventory for compliance with
the guidance issued under subsection (b) and--
(A) certify that the inventory is technically valid; or
(B) decline to certify the inventory and provide an
explanation of the actions or revisions that are necessary
for the inventory to be certified under subparagraph (A).
(3) Revision.--If the Administrator declines to certify the
inventory of an agency under paragraph (2)(B), the agency
shall submit to the Administrator and make publicly available
on the agency's website a revised inventory not later than 6
months after the date on which the Administrator provides the
agency with the explanation required by such paragraph.
(d) Net Greenhouse Gases From Federal Lands.--Beginning not
later than 2 years after the date of enactment of this Act,
the Secretary of the Interior and the Secretary of
Agriculture shall include as a discrete category in any
inventory under this section the net biological sequestration
or emission of greenhouse gases related to human activities
and associated with land managed by the Bureau of Land
Management or the Forest Service. In developing such
estimates of the net biological sequestration or emission of
greenhouse gases, the Secretary of the Interior and the
Secretary of Agriculture shall take into consideration the
results of any available related assessments performed by the
Secretary of the Interior. Such net biological sequestration
or emissions of greenhouse gases shall not be considered for
the purposes of setting or measuring progress toward targets
under section 6102. For the purposes of this subsection, the
net biological sequestration or emission of greenhouse gases
refers to the net sequestration or emissions associated with
uptake and release of greenhouse gases from soil, vegetation,
and dead organic matter.
SEC. 6102. MANAGEMENT OF FEDERAL GOVERNMENT GREENHOUSE GAS
EMISSIONS.
(a) Emission Reduction Targets.--Not later than 18 months
after the date of the enactment of this Act, the
Administrator shall promulgate annual reduction targets for
the total quantity of greenhouse gas emissions described in
section 6101(a), expressed as carbon dioxide equivalents, of
all agencies, taken collectively, for each of fiscal years
2010 through 2050.
(b) Goals.--The targets promulgated under subsection (a)
shall be calculated so as--
(1) to prevent the total quantity of greenhouse gas
emissions of all agencies in fiscal year 2011 and each
subsequent fiscal year from exceeding the total quantity of
such emissions in fiscal year 2010; and
(2) to reduce such greenhouse gas emissions as rapidly as
possible, but at a minimum by a quantity equal to 2 percent
of projected fiscal year 2010 emissions each fiscal year, so
as to achieve zero net annual greenhouse gas emissions from
the agencies by fiscal year 2050.
(c) Proportionate Share.--Each agency shall limit the
quantity of its greenhouse gas emissions described in section
6101(a) to its proportionate share so as to enable the
agencies to achieve the targets promulgated under subsection
(a). The Administrator shall promulgate annual reduction
targets to be met by each agency to comply with this
subsection, after consultation with the agencies and taking
into account changes in agency size, structure, and mission
over time.
(d) Agency Plans for Managing Emissions.--
(1) Submission.--Not later than 2 years after the date of
the enactment of this Act, each agency shall develop, submit
to the Administrator, and make publicly available on the
agency's website a plan for achieving the annual reduction
targets applicable to such agency under this section through
fiscal year 2020. Not later than 2 years before the 10-year
period beginning in 2021 and each subsequent 10-year period,
the agency shall develop, submit to the Administrator, and
make publicly available an updated plan for achieving such
targets for the respective period. Each plan developed under
this paragraph shall--
(A) identify the specific actions to be taken by the
agency; and
(B) estimate the quantity of reductions of greenhouse gas
emissions to be achieved through each such action.
[[Page 23056]]
(2) Certification.--Not later than 6 months after an agency
submits a plan under paragraph (1), the Administrator shall--
(A) certify that the plan is technically sound and, if
implemented, is expected to limit the quantity of the
agency's greenhouse gas emissions to its proportionate share
under subsection (c); or
(B) decline to certify the plan and provide an explanation
of the revisions that are necessary for the plan to be
certified under subparagraph (A).
(3) Revision.--If the Administrator declines to certify the
plan of an agency under paragraph (2), the agency shall
submit to the Administrator and make publicly available on
the agency's website a revised plan not later than 6 months
after the date on which the Administrator provides the agency
with the explanation required by paragraph (2)(B).
(e) Emissions Management.--
(1) Requirement.--Each agency shall implement each
provision in its plan under subsection (d) to manage its
greenhouse gas emissions to meet the annual reduction targets
applicable to such agency under this section. If--
(A) an agency has met its applicable reduction target for
the most recent year; and
(B) the agency demonstrates that it is projected to meet
such targets for future years without implementing a
provision or provisions included in its plan,
the agency may revise its plan, subject to subsection (d)(2),
to defer implementation of such plan provisions until the
date that implementation is needed to meet the agency's
applicable targets.
(2) Revision of plan.--If any agency fails to meet such
targets for a fiscal year, as indicated by the inventory and
report prepared by the agency for such fiscal year, the
agency shall submit to the Administrator and make publicly
available on the agency's website a revised plan under
subsection (d) not later than March 31 of the following
fiscal year. The Administrator shall certify or decline to
certify the revised plan in accordance with subsection (d)(2)
not later than 3 months after receipt of the revised plan.
(3) Offsets.--
(A) Proposal.--If no national mandatory economy-wide cap-
and-trade program for greenhouse gases has been enacted by
fiscal year 2010, the Administrator shall develop and submit
to the Congress by 2011 a proposal to allow agencies to meet
the annual reduction targets applicable to such agencies
under this section in part through emissions offsets,
beginning in fiscal year 2015.
(B) Contents.--The proposal developed under subparagraph
(A) shall ensure that emissions offsets are--
(i) real, surplus, verifiable, permanent, and enforceable;
and
(ii) additional for both regulatory and financial purposes
(such that the generator of the offset is not receiving
credit or compensation for the offset in another regulatory
or market context).
(C) Rulemaking.--If by 2012 the Congress has not enacted a
statute for the express purpose of codifying the proposal
developed under subparagraph (A) or an alternative to such
proposal, the Administrator shall implement the proposal
through rulemaking.
(4) Exemptions.--The President may exempt an agency from
complying with the emissions target established for that year
under subsection (c) if the President determines it to be in
the paramount interest of the United States to do so. The
agency shall, to the greatest extent practicable, continue to
implement the provisions in the agency's plan. Any exemption
shall be for a period not in excess of one year, but
additional exemptions may be granted for periods of not more
than one year upon the President's making a new
determination.
(f) Studies on Federal Lands.--The Forest Service, the
Bureau of Land Management, the National Park Service, and the
United States Fish and Wildlife Service shall--
(1) within 3 years after the date of the enactment of this
Act, conduct studies of the opportunities for management
strategies, and identify those management strategies with the
greatest potential, to--
(A) enhance net biological sequestration of greenhouse
gases on Federal lands they manage while avoiding harmful
effects on other environmental values; and
(B) reduce negative impacts of global warming on
biodiversity, water supplies, forest health, biological
sequestration and storage, and related values;
(2) within 4 years after the date of the enactment of this
Act, study the results that could be achieved through
applying management strategies identified as having the
greatest potential to achieve the benefits described in
paragraph (1) by implementing field experiments on discrete
portions of selected land management units in different parts
of the Nation to test such strategies; and
(3) report to the Congress on the results of the studies.
(g) Study on Urban and Wildland-Urban Forestry Programs.--
Within 2 years of the date of enactment of this Act, the
Forest Service, in consultation with appropriate State and
local agencies, shall conduct a study of the opportunities of
urban and wildland-urban interface forestry programs to
enhance net biological sequestration of greenhouse gases and
achieve other benefits.
(h) Reporting.--
(1) Reports by agencies.--Not later than December 31 each
fiscal year, each agency shall submit to the Administrator
and make publicly available on the agency's website a report
on the agency's implementation of its plan required by
subsection (d) for the preceding fiscal year, including the
inventory of greenhouse gas emissions of the agency during
such fiscal year.
(2) Annual report to congress.--The Administrator shall
review each report submitted under paragraph (1) for
technical validity and compile such reports in an annual
report on the Federal Government's progress toward carbon
neutrality. The Administrator shall submit such annual report
to the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Governmental
Affairs of the Senate and make such annual report publicly
available on the Environmental Protection Agency's website.
(3) Electronic submission.--In complying with any
requirement of this subtitle for submission of inventories,
plans, or reports, an agency shall use electronic reporting
in lieu of paper copy reports.
SEC. 6103. PILOT PROJECT FOR PURCHASE OF OFFSETS AND
CERTIFICATES.
(a) GAO Study.--No later than April 1, 2008, the
Comptroller General of the United States shall issue the
report requested by the Congress on May 17, 2007, regarding
markets for greenhouse gas emissions offsets.
(b) Pilot Project.--Executive agencies and legislative
branch offices may purchase qualified greenhouse gas offsets
and qualified renewable energy certificates in any open
market transaction that complies with all applicable
procurement rules and regulations.
(c) Qualified Greenhouse Gas Offsets.--For purposes of this
section, the term ``qualified greenhouse gas offset'' means a
real, additional, verifiable, enforceable, and permanent
domestic--
(1) reduction of greenhouse gas emissions; or
(2) sequestration of greenhouse gases.
(d) Qualified Renewable Energy Certificates.--For purposes
of this section, the term ``qualified renewable energy
certificate'' means a certificate representing a specific
amount of energy generated by a renewable energy project that
is real, additional, and verifiable.
(e) Guidance.--No later than September 30, 2008, the
Administrator shall issue guidelines, for Executive agencies,
establishing criteria for qualified greenhouse gas offsets
and qualified renewable energy certificates. Such guidelines
shall take into account the findings and recommendations of
the report issued under subsection (a) and shall--
(1) establish performance standards for greenhouse gas
offset projects that benchmark reliably expected greenhouse
gas reductions from identified categories of projects that
reduce greenhouse gas emissions or sequester carbon in
accordance with subsection (c); and
(2) establish criteria for qualified renewable energy
certificates to ensure that energy generated is renewable and
is in accordance with subsection (d).
(f) Report.--The Comptroller General of the United States
shall evaluate the pilot program established by this section,
including identifying environmental and other benefits of the
program, as well as its financial costs and any disadvantages
associated with the program. No later than April 1, 2011, the
Comptroller General shall provide a report to the Committee
on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate providing the details of
the evaluation and any recommendations for improvement.
(g) Additional Definitions.--In this section:
(1) Notwithstanding section 6106(3) of this Act, the term
``Executive agency'' has the meaning given to such term in
section 105 of title 5, United States Code.
(2) The term ``renewable energy'' has the meaning given
that term in section 203(b) of the Energy Policy Act of 2005
(42 U.S.C. 15852(b)(2)), except that energy generated from
municipal solid waste shall not be renewable energy.
(h) Authorization.--Of the amount of discretionary funds
available to each Executive agency or legislative branch
office for each of fiscal years 2009 and 2010, not more than
0.01 percent of such amount may be used for the purpose of
carrying out this section. Such funding shall be in addition
to any other funds available to the Executive agency or
legislative branch office for such purpose.
(i) Sunset Clause.--This section ceases to be effective at
the end of fiscal year 2010.
SEC. 6104. IMPACT ON AGENCY'S PRIMARY MISSION.
In implementing the requirements of this subtitle, each
agency should adopt compliance strategies that are consistent
with the agency's primary mission.
SEC. 6105. SAVINGS CLAUSE.
Nothing in this title or any amendment made by this title
shall be interpreted to preempt or limit the authority of a
State to take any action to address global warming.
[[Page 23057]]
SEC. 6106. DEFINITIONS.
In this subtitle:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``carbon dioxide equivalent'' means, for each
greenhouse gas, the quantity of the greenhouse gas that makes
the same contribution to global warming as 1 metric ton of
carbon dioxide, as determined by the Administrator, taking
into account the global warming potentials published by the
Intergovernmental Panel on Climate Change.
(3) The term ``agency'' has the meaning given to that term
in section 551 of the National Energy Conservation Policy Act
(42 U.S.C. 8259).
(4) The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons;
(F) sulfur hexafluoride; or
(G) any other anthropogenically-emitted gas that the
Administrator, after notice and comment, determines
contributes to global warming to a non-negligible degree.
SEC. 6107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to implement this subtitle.
Subtitle B--Federal Government Energy Efficiency
SEC. 6201. 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) Prohibition.--No Federal agency shall acquire a light
duty motor vehicle or medium duty passenger vehicle that is
not a low greenhouse gas emitting vehicle.
``(2) Guidance.--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. In identifying such
vehicles, 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. 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.
``(3) Definition.--For purposes of this subsection, the
term `medium duty passenger vehicle' has the meaning given
that term section 523.2 of title 49 of the Code of Federal
Regulations.''.
SEC. 6202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS.
(a) Cost Estimate Requirement.--Each Federal agency that
owns, operates, maintains, or otherwise funds infrastructure,
assets, or personnel to provide delivery of fuel to its
operations shall apply activity based cost accounting
principles to estimate the fully burdened cost of fuel.
(b) Use of Cost Estimate.--Each agency shall use the fully
burdened cost of fuel, as estimated under subsection (a), in
conducting analyses and making decisions regarding its
activities that create a demand for energy. Such analyses and
decisions shall include--
(1) the use of models, simulations, wargames, and other
analytical tools to determine the types of energy consuming
equipment that an agency needs to conduct its missions;
(2) life-cycle cost benefit analyses and other trade-off
analyses for determining the cost effectiveness of measures
that improve the energy efficiency of an agency's equipment
and systems;
(3) analyses and decisions conducted or made by others for
the agency; and
(4) procurement and acquisition source selection criteria,
requests for proposals, and best value determinations.
(c) Revision of Analytical Tools.--If a Federal agency
employs models, simulations, wargames, or other analytical
tools that require substantial upgrades to enable those tools
to be used in compliance with this section, the agency shall
complete such necessary upgrades not later than 4 years after
the date of enactment of this Act.
(d) Definition.--For purposes of this section, the term
``fully burdened cost of fuel'' means the commodity price for
the fuel plus the total cost of all personnel and assets
required to move and, where applicable, protect, the fuel
from the point at which the fuel is received from the
commercial supplier to the point of use.
SEC. 6203. 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 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 ``where
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 in the amendment made under subsection
(a)(2)(A) has been fully complied with.
SEC. 6204. 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 Carbon-Neutral Government 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
Adminstrator 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:
Percentage
Fiscal Year Reduction
2010.................................................... 55
2015.................................................... 65
2020.................................................... 80
2025.................................................... 90
2030.................................................... 100.
``(II) Sustainable design principles shall be applied to
the siting, design, and construction of such buildings. Not
later than 60 days after the date of enactment of the Carbon-
Neutral Government Act of 2007, 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 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 the criteria
specified in clause (ii) and shall achieve results at least
comparable to the United States Green Building Council
Leadership in Energy and Environmental Design silver level.
Within 60 days of the completion of each study required by
clause (iii), 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 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.
``(iii) At least once every five years, the Administrator
of General Services shall conduct a study to evaluate and
compare available third-party green building certification
[[Page 23058]]
systems and levels, taking into account the criteria listed
in clause (ii).
``(iv) 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)(II). 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)(II). An agency employing an internal certification
process must continue to obtain external certification by the
certification entity identified under clause (i)(II) for at
least 5 percent of the total number of buildings certified
annually by the agency.
``(v) 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 (II) of clause (i)
that achieve an equivalent result in terms of energy savings,
sustainable design, and green building performance.
``(vi) 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.''.
SEC. 6205. 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 new subsection:
``(f) Large Capital Energy Investments.--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. Not later than 6 months
after the date of enactment of the Carbon-Neutral Government
Act of 2007, each Federal agency shall develop a process for
reviewing each such large capital energy investment decision
to ensure that the requirement of this subsection is met, and
shall report to the Office of Management and Budget on the
process established. Not later than one year after the date
of enactment of the Carbon-Neutral Government Act of 2007,
the Office of Management and Budget shall evaluate and report
to Congress on each agency's compliance 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 ``By October 1, 2016, each agency shall also
provide for equivalent metering of natural gas, steam,
chilled water, and water, in accordance with guidelines
established by the Secretary under paragraph (2).'' after
``buildings of the agency.''.
SEC. 6206. LEASING.
(a) In General.--Except as provided in subsection (b),
effective 3 years after the date of enactment of this Act, no
Federal agency shall enter into a new contract to lease space
in a building that has not earned the Energy Star label in
the most recent year.
(b) Exception.--If--
(1) no space is available in such a building that meets an
agency's functional requirements, including locational needs;
(2) the agency is proposing to remain in a building that
the agency has occupied previously;
(3) the agency is proposing 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
(4) the lease is for no more than 10,000 gross square feet
of space,
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 (2) not later than 6 months
after signing the contract, the space will be renovated for
all energy efficiency improvements that would be cost
effective over the life of the lease, including improvements
in lighting, windows, and heating, ventilation, and air
conditioning systems.
SEC. 6207. 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 non-conventional 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. 6208. CONTRACTS FOR RENEWABLE ENERGY FOR EXECUTIVE
AGENCIES.
Section 501(b)(1) of title 40, United States Code, is
amended--
(1) in subparagraph (B), by striking ``A contract'' and
inserting ``Except as provided in subparagraph (C), a
contract''; and
(2) by adding at the end the following new subparagraph:
``(C) Renewable energy contracts.--A contract for renewable
energy may be made for a period of not more than 30 years.
For the purposes of this subparagraph, the term `renewable
energy' has the meaning given that term in section 203(b) of
the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except
that energy generated from municipal solid waste shall not be
considered renewable energy.''.
SEC. 6209. GOVERNMENT EFFICIENCY STATUS REPORTS.
(a) In General.--Each Federal agency subject to any of the
requirements of this title and the amendments made by this
title shall compile and submit to the Director of the Office
of Management and Budget an annual Government efficiency
status report on--
(1) compliance by the agency with each of the requirements
of this title and the amendments made by this title;
(2) the status of the implementation by the agency of
initiatives to improve energy efficiency, reduce energy
costs, and reduce emissions of greenhouse gases; and
(3) savings to American taxpayers resulting from mandated
improvements under this title and the amendments made by this
title
(b) Submission.--Such 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. 6210. 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 6209;
(2) an evaluation of the Government's overall progress
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 Office of Management and Budget shall
include in any annual energy scorecard it is otherwise
required to submit a description of each agency's compliance
with the requirements of this title and the amendments made
by this title.
SEC. 6211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to implement this subtitle.
SEC. 6212. JUDICIAL REVIEW.
(a) Final Agency Action.--Any nondiscretionary act or duty
under this title or any amendment made by this title is a
final agency action for the purposes of judicial review under
chapter 7 of title 5, United States Code.
(b) Venue for Certain Actions.--The United States Court of
Appeals for the District of Columbia Circuit shall have
exclusive jurisdiction over any petition for review of action
of the Administrator in promulgating any rule under subtitle
A of this title.
(c) Limitations.--No action under chapter 7 of title 5,
United States Code, may be commenced prior to 60 days after
the date on which the plaintiff has given notice to the
Federal agency concerned of the alleged violation of this
title or any amendment made by this title.
(d) Common Claims.--When civil actions arising under this
title or any amendment made by this title are pending in the
same court and involve one or more common questions of fact
or common claims regarding the same alleged Federal agency
failure or failures to act, the court may consolidate such
claims into a single action for judicial review. When civil
actions arising under this title or any amendment made by
this title are pending in different districts and involve one
or more common questions of fact or common claims regarding
the same alleged Federal agency failure or failures to act,
such actions may be consolidated pursuant to section 1407 of
title 28, United States Code.
(e) Aggrieved Persons.--A person shall be considered
aggrieved within the meaning of this title or any amendment
made by this title for purposes of obtaining judicial review
under chapter 7 of title 5, United States Code, if the person
alleges--
(1) harm attributable to a Federal agency's failure to
reduce its greenhouse gas emissions in accordance with the
requirements under this title or any amendment made by this
title, or take other actions required under this title or any
amendment made by this title; or
[[Page 23059]]
(2) a Federal agency's failure to collect and provide
information to the public as required by this title or any
amendment made by this title.
For purposes of this section, the term ``harm'' includes any
effect of global warming, currently occurring or at risk of
occurring, and the incremental exacerbation of any such
effect or risk that is associated with relatively small
increments of greenhouse gas emissions, even if the effect or
risk is widely shared. An effect or risk associated with
global warming is ``attributable'' to a Federal agency's
failure to act as described in paragraph (1) if the failure
to act results in larger emissions of greenhouse gases than
would have been emitted had the Federal agency followed the
requirements of this title or any amendment made by this
title, as any such incremental additional emissions will
exacerbate the pace, extent, and risks of global warming.
(f) Remedy.--
(1) In general.--In addition to the remedies available
under chapter 7 of title 5, United States Code, a court may
provide the remedies specified in this subsection.
(2) Payment.--In any civil action alleging a violation of
this title, if the court finds that an agency has
significantly violated this title in its failure to perform
any nondiscretionary act or duty under this title or any
amendment made by this title, the court may award a payment,
payable by the United States Treasury, to be used for a
beneficial mitigation project recommended by the plaintiff or
to compensate the plaintiff for any impact from global
warming suffered by the plaintiff. The total payment for all
claims by all plaintiffs in any such action shall not exceed
the amount provided in section 1332(b) of title 28, United
States Code. A court may deny a second payment under this
section if the court determines that the plaintiff has filed
multiple separate actions that could reasonably have been
combined into a single action. No payment may be awarded
under this paragraph for violations of an agency's obligation
to collect or report information to the public. No court may
award any payment under this paragraph in any given year if
the cumulative payments awarded by courts under this
paragraph in such year are equal to or greater than
$1,500,000.
(3) Costs.--A court may award costs of litigation to any
substantially prevailing plaintiff or to any other plaintiff
whenever the court determines such an award is appropriate.
Such an award is appropriate when such litigation contributes
to the Federal agency's compliance with this title or any
amendment made by this title. Costs of litigation include
reasonable attorney fees and expert fees.
(4) Exclusive remedy.--Notwithstanding any other provision
of Federal law--
(A) no plaintiff who is awarded a payment under this
subsection for a failure to perform a mandatory duty under
this title or any amendment made by this title may be awarded
a payment for such failure under any other Federal law; and
(B) no plaintiff may be awarded a payment under this
subsection for a failure to perform a mandatory duty under
this title or any amendment made by this title if the
plaintiff has been awarded a payment for such failure under
any other Federal law.
(g) No State Court Action.--No person may bring any action
in State court alleging a violation of this title or any
amendment made by this title.
(h) Inapplicability to Procurement Protests.--No action may
be commenced under this section objecting to a solicitation
by a Federal agency for bids or proposals for a proposed
contract or to a proposed award or the award of a contract or
any alleged violation of statute or regulation in connection
with a procurement or a proposed procurement if such action
may be brought by an interested party under section
1491(b)(1) of title 28, United States Code, or subchapter V
of title 31, United States Code.
(i) Definition.--In this section, the term ``person'' means
a United States person. In the case of an individual, such
term means a citizen or national of the United States.
TITLE VII--NATURAL RESOURCES COMMITTEE PROVISIONS
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Energy Policy Reform and
Revitalization Act of 2007''.
Subtitle A--Energy Policy Act of 2005 Reforms
SEC. 7101. FISCALLY RESPONSIBLE ENERGY AMENDMENTS.
(a) Requirement to Establish Cost Recovery Fee.--Section
365(i) of the Energy Policy Act of 2005 (Public Law 109-58;
42 U.S.C. 15924(i)) is amended to read as follows:
``(i) Fee for Applications for Permits to Drill.--
``(1) Requirement to establish cost recovery fee.--The
Secretary of the Interior shall promulgate regulations to
establish a cost recovery fee for applications for a permit
to drill for oil and gas on Federal lands administered by the
Secretary.
``(2) Temporary fee.--Until such time as a fee is
established by such regulations, the Secretary shall charge a
cost recovery fee of $1,700 for each such application
received on or after October 1, 2007.
``(3) Deposit and use.--Amounts received by the United
States in the form of the fee established under this
subsection--
``(A) shall be available to the Secretary of the Interior
to administer permit processing; and
``(B) shall be treated as offsetting receipts.''.
(b) Repeal of BLM Permit Processing Improvement Fund.--
(1) Repeal.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended by striking subsection (c).
(2) Treatment of balance.--Any balances remaining in the
BLM Permit Processing Improvement Fund on the effective date
of this subsection shall be transferred to the general fund
of the Treasury of the United States.
(3) Effective date.--This subsection shall take effect on
October 1, 2007.
SEC. 7102. EXTENSION OF DEADLINE FOR CONSIDERATION OF
APPLICATIONS FOR PERMITS.
Subsection (p)(2) of section 17 of the Mineral Leasing Act
(30 U.S.C. 226) is amended by striking ``30'' and inserting
``45''.
SEC. 7103. OIL SHALE AND TAR SANDS LEASING.
Section 369 of the Energy Policy Act of 2005 (42 U.S.C.
15927) is amended--
(1) in subsection (c), by striking ``not later than 180
days after the date of enactment of this Act,'';
(2) in subsection (c), by striking ``shall make'' and
inserting ``may make'';
(3) in subsection (d)(1), by striking ``Not later than 18
months after the date of enactment of this Act, in'' and
inserting ``In'';
(4) in subsection (d)(2)--
(A) in the heading by striking ``Final'' and inserting
``Proposed''; and
(B) in the text by striking ``final'' and inserting
``proposed'';
(5) in subsection (d)(2), by striking ``6'' and inserting
``12'';
(6) in subsection (d)(2) by inserting after the period
``The proposed regulations developed under this paragraph are
to be open for public comment for no less than 120 days.'';
(7) by redesignating subsections (e) through (s) as
subsections (g) through (u), and by inserting after
subsection (d) the following:
``(e) Oil Shale and Tar Sands Leasing and Development
Strategy.--
``(1) General.--Not later than 6 months after the
completion of the programmatic environmental impact statement
under subsection (d), the Secretary shall prepare an oil
shale and tar sands leasing and development strategy, in
cooperation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency.
``(2) Purpose.--The purpose of the strategy developed under
this subsection is to provide a framework for regulations
that will allow for the sustainable and publicly acceptable
large-scale development of oil shale within the Green River
Formation and to provide a basis for decisions regarding
Federal support for research and other activities to achieve
that result.
``(3) Contents.--The strategy shall include plans and
programs for obtaining information required for determining
the optimal methods, locations, amount, and timeframe for
potential development on Federal lands within the Green River
Formation. The strategy shall also include plans for
conducting critical environmental and ecological research,
high-payoff process improvement research, an assessment of
carbon management options, and a large-scale demonstration of
carbon dioxide sequestration in the general vicinity of the
Piceance Basin.
``(f) Alternative Approaches.--In developing the strategy
under subsection (e), the Secretary shall, in cooperation
with the Secretary of Energy and the Administrator of the
Environmental Protection Agency, consult with industry and
other interested persons regarding alternative approaches to
providing access to Federal lands for early first-of-a-kind
commercial facilities for extracting and processing oil shale
and tar sands.'';
(8) in subsection (g), as so redesignated, by striking ``of
the final regulation required by subsection (d)'' and
inserting ``of final regulations issued under this section'';
(9) in subsection (g), as so redesignated, by adding at the
end the following: ``Compliance with the National
Environmental Policy Act of 1969 is required on a site-by-
site basis for all lands proposed to be leased under the
commercial leasing program established in this subsection.'';
and
(10) in subsection (i)(1)(B), as so redesignated, by
striking ``subsection (e)'' and inserting ``subsection (g)''.
SEC. 7104. LIMITATION OF REBUTTABLE PRESUMPTION REGARDING
APPLICATION OF CATEGORICAL EXCLUSION UNDER NEPA
FOR OIL AND GAS EXPLORATION AND DEVELOPMENT
ACTIVITIES.
Section 390 of the Energy Policy Act of 2005 (Public Law
109-58; 42 U.S.C. 15942) is amended by adding at the end the
following:
``(c) Adherence to CEQ Regulations.--In administering this
section, the Secretary of the Interior in managing the public
lands, and the Secretary of Agriculture in managing National
Forest System lands, shall adhere to the regulations issued
by the Council on Environmental Quality relating to
categorical exclusions (40 C.F.R. 1507.3 and 1508.4), as in
effect on the date of enactment of this Act.''.
[[Page 23060]]
SEC. 7105. BEST MANAGEMENT PRACTICES.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior, through the Bureau of
Land Management, shall amend the best management practices
guidelines for oil and gas development on Federal lands, to--
(1) require public review and comment prior to waiving any
stipulation of an oil and gas lease for such lands, except in
the case of an emergency; and
(2) create an incentive for oil and gas operators to adopt
best management practices that minimize adverse impacts to
wildlife habitat, by providing expedited permit review for
any operator that commits to adhering to those practices
without seeking waiver of such stipulations.
SEC. 7106. FEDERAL CONSISTENCY APPEALS.
(a) Short Title.--This section may be cited as the
``Federal Consistency Appeals Decision Refinement Act''.
(b) Clarification of Appeal Decision Time Periods and
Information Requirements.--Section 319(b) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1465(b)) is amended--
(1) in paragraph (1), by striking ``160-day'' and inserting
``200-day'';
(2) in paragraph (3)(A)--
(A) by striking ``160-day'' and inserting ``200-day''; and
(B) by amending clause (ii) to read as follows:
``(ii) as the Secretary determines necessary to receive, on
an expedited basis, any supplemental or clarifying
information relevant to the consolidated record compiled by
the lead Federal permitting agency to complete a consistency
review under this title.''; and
(3) in paragraph (3)(B) by striking ``160-day'' and
inserting ``200-day''.
Subtitle B--Federal Energy Public Accountability, Integrity, and Public
Interest
CHAPTER 1--ACCOUNTABILITY AND INTEGRITY IN THE FEDERAL ENERGY PROGRAM
SEC. 7201. AUDITS.
(a) Requirement To Increase the Number of Audits.--The
Secretary of the Interior shall ensure that by fiscal year
2009 the Minerals Management Service shall perform no less
that 550 audits of oil and gas leases each fiscal year.
(b) Standards.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Interior shall
issue regulations that require that all employees that
conduct audits or compliance reviews must meet professional
auditor qualifications that are consistent with the latest
revision of the Government Auditing Standards published by
the Government Accountability Office. Such regulations shall
also ensure that all audits conducted by the Department of
the Interior are performed in accordance with such standards.
SEC. 7202. FINES AND PENALTIES.
(a) Sanctions for Violations Relating to Federal Oil and
Gas Royalties.--Section 109 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1719) is amended to
read as follows:
``CIVIL PENALTIES
``Sec. 109. (a) Royalty Violations.--(1) No person shall--
``(A) after due notice of violation or after such violation
has been reported under paragraph (3)(A), fail or refuse to
comply with any requirement of any mineral leasing law or any
regulation, order, lease, or permit under such a law;
``(B) fail or refuse to make any royalty payment in the
amount or value required by any mineral leasing law or any
regulation, order, or lease under such a law, with the intent
to defraud;
``(C) fail or refuse to make any royalty payment by the
date required by any mineral leasing law or any regulation,
order, or lease under such a law, with the intent to defraud;
or
``(D) prepare, maintain, or submit any false, inaccurate,
or misleading report, notice, affidavit, record, data, or
other written information or filing related to royalty
payments that is required under any mineral leasing law or
regulation issued under any mineral leasing law, with the
intent to defraud.
``(2) A person who violates paragraph (1) shall be liable--
``(A) in the case of a violation of subparagraph (B) or (C)
of paragraph (1) for an amount equal to 3 times the royalty
the person fails or refuses to pay, plus interest on that
trebled amount measured from the first date the royalty
payment was due; and
``(B) in the case of any violation, for a civil penalty
of--
``(i) except as provided in clause (ii), up to $25,000 per
violation for each day the violation continues; or
``(ii) if the person failed or refused to make a payment of
royalty owed in an amount less than $25,000, an amount equal
to 150 percent of the royalty owed that was not paid;
``(3) Paragraph (2) shall not apply to a violation of
paragraph (1) if the person who commits the violation, within
30 days of knowing of the violation--
``(A) reports the violation to the Secretary or a
representative designated by the Secretary; and
``(B) corrects the violation.
``(b) Lease Administration Violations.--Any person who--
``(1) fails to notify the Secretary of--
``(A) any designation by the person under section 102(a);
or
``(B) any other assignment of obligations or
responsibilities of the person under a lease;
``(2) fails or refuses to permit--
``(A) lawful entry;
``(B) inspection, including any inspection authorized by
section 108; or
``(C) audit, including any failure or refusal to promptly
tender requested documents;
``(3) fails or refuses to comply with subsection 102(b)(3)
(relating to notification regarding beginning or resumption
of production); or
``(4) fails to correctly report and timely provide
operations or financial records necessary for the Secretary
or any authorized designee of the Secretary to accomplish
lease management responsibilities,
shall be liable for a penalty of up to $10,000 per violation
for each day such violation continues.
``(c) Theft.--Any person who--
``(1) knowingly or willfully takes or removes, transports,
uses or diverts any oil or gas from any lease site without
having valid legal authority to do so; or
``(2) purchases, accepts, sells, transports, or conveys to
another, any oil or gas knowing or having reason to know that
such oil or gas was stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation
for each day such violation continues without correction.
``(d) Administrative Appeal.--(1) Any determination by the
Secretary or a designee of the Secretary of the amount of any
royalties or civil penalties owed under subsection (a), (b),
or (c) shall be final, unless within 120 days after
notification by the Secretary or designee the person liable
for such amount files an administrative appeal in accordance
with regulations issued by the Secretary.
``(2) If a person files an administrative appeal pursuant
to paragraph (1), the Secretary or designee shall make a
final determination in accordance with the regulations
referred to in paragraph (1).
``(e) Deduction.--The amount of any penalty under this
section, as finally determined may be deducted from any sums
owing by the United States to the person charged.
``(f) Compromise and Reduction.--On a case-by-case basis
the Secretary may compromise or reduce civil penalties under
this section.
``(g) Notice.--Notice under this subsection (a) shall be by
personal service by an authorized representative of the
Secretary or by registered mail. Any person may, in the
manner prescribed by the Secretary, designate a
representative to receive any notice under this subsection.
``(h) Record of Determination.--In determining the amount
of such penalty, or whether it should be remitted or reduced,
and in what amount, the Secretary shall state on the record
the reasons for his determinations.
``(i) Judicial Review.--Any person who has requested a
hearing in accordance with subsection (e) within the time the
Secretary has prescribed for such a hearing and who is
aggrieved by a final order of the Secretary under this
section may seek review of such order in the United States
district court for the judicial district in which the
violation allegedly took place. Review by the district court
shall be de novo. Such an action shall be barred unless filed
within 90 days after the Secretary's final order.
``(j) Failure To Pay.--If any person fails to pay an
assessment of a civil penalty under this Act--
``(1) after the order making the assessment has become a
final order and if such person does not file a petition for
judicial review of the order in accordance with subsection
(j), or
``(2) after a court in an action brought under subsection
(j) has entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount
assessed plus interest from the date of the expiration of the
90-day period referred to in subsection (j). Judgment by the
court shall include an order to pay.
``(k) Relationship to Mineral Leasing Act.--No person shall
be liable for a civil penalty under subsection (a) or (b) for
failure to pay any rental for any lease automatically
terminated pursuant to section 31 of the Mineral Leasing Act.
``(l) Tolling of Statutes of Limitation.--(1) Any
determination by the Secretary or a designee of the Secretary
that a person has violated subsection (a), (b)(2), or (b)(4)
shall toll any applicable statute of limitations for all oil
and gas leases held or operated by such person, until the
later of--
``(A) the date on which the person corrects the violation
and certifies that all violations of a like nature have been
corrected for all of the oil and gas leases held or operated
by such person; or
``(B) the date a final, nonappealable order has been issued
by the Secretary or a court of competent jurisdiction.
``(2) A person determined by the Secretary or a designee of
the Secretary to have violated subsection (a), (b)(2), or
(b)(4) shall maintain all records with respect to the
person's oil and gas leases until the later of--
[[Page 23061]]
``(A) the date the Secretary releases the person from the
obligation to maintain such records; and
``(B) the expiration of the period during which the records
must be maintained under section 103(b).
``(m) State Sharing of Penalties.--Amounts received by the
United States in an action brought under section 3730 of
title 31, United States Code, that arises from any
underpayment of royalties owed to the United States under any
lease shall be treated as royalties paid to the United States
under that lease for purposes of the mineral leasing laws and
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 et seq.).''.
(b) Shared Civil Penalties.--Section 206 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1736) is
amended--
(1) by inserting ``trebled royalties or'' after ``50 per
centum of any''; and
(2) by striking the second sentence.
CHAPTER 2--AMENDMENTS TO FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF
1982
SEC. 7211. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act
of 1982 (30 U.S.C. 1702) is amended--
(1) in paragraph (20)(A), by striking ``: Provided, That''
and all that follows through ``subject of the judicial
proceeding'';
(2) in paragraph (20)(B), by striking ``(with written
notice to the lessee who designated the designee)'';
(3) in paragraph (23)(A), by striking ``(with written
notice to the lessee who designated the designee)'' ;
(4) by amending paragraph (24) to read as follows:
``(24) `designee' means any person who pays, offsets, or
credits monies, makes adjustments, requests and receives
refunds, or submits reports with respect to payments a lessee
must make pursuant to section 102(a);'';
(5) in paragraph (25)(B), by striking ``(subject to the
provisions of section 102(a) of this Act)''; and
(6) in paragraph (26), by striking ``(with notice to the
lessee who designated the designee)''.
SEC. 7212. INTEREST.
(a) Estimated Payments; Interest on Amount of
Underpayment.--Section 111(j) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1721(j)) is amended
by striking ``If the estimated payment exceeds the actual
royalties due, interest is owed on the overpayment.''.
(b) Overpayments.--Section 111 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1721) is amended by
striking subsections (h) and (i).
(c) Effective Date.--The amendments made by this section
shall be effective one year after the date of enactment of
this Act.
SEC. 7213. OBLIGATION PERIOD.
Section 115(c) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1724(c)) is amended by
adding at the end the following:
``(3) Adjustments.--In the case of an adjustment under
section 111A(a) (30 U.S.C. 1721a(a)) in which a recoupment by
the lessee results in an underpayment of an obligation, for
purposes of this Act the obligation becomes due on the date
the lessee or its designee makes the adjustment.''.
SEC. 7214. TOLLING AGREEMENTS AND SUBPOENAS.
(a) Tolling Agreements.--Section 115(d)(1) of the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1724(d)(1)) is amended by striking ``(with notice to the
lessee who designated the designee)''.
(b) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A))
is amended by striking ``(with notice to the lessee who
designated the designee, which notice shall not constitute a
subpoena to the lessee)''.
SEC. 7215. LIABILITY FOR ROYALTY PAYMENTS.
Section 102(a) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1712(a)) is amended to read
as follows:
``(a) In order to increase receipts and achieve effective
collections of royalty and other payments, a lessee who is
required to make any royalty or other payment under a lease
or under the mineral leasing laws, shall make such payments
in the time and manner as may be specified by the Secretary
or the applicable delegated State. Any person who pays,
offsets or credits monies, makes adjustments, requests and
receives refunds, or submits reports with respect to payments
the lessee must make is the lessee's designee under this Act.
Notwithstanding any other provision of this Act to the
contrary, a designee shall be liable for any payment
obligation of any lessee on whose behalf the designee pays
royalty under the lease. The person owning operating rights
in a lease and a person owning legal record title in a lease
shall be liable for that person's pro rata share of payment
obligations under the lease.''.
CHAPTER 3--PUBLIC INTEREST IN THE FEDERAL ENERGY PROGRAM
SEC. 7221. SURFACE OWNER PROTECTION.
(a) Definitions.--As used in this section--
(1) the term ``Secretary'' means the Secretary of the
Interior;
(2) the term ``lease'' means a lease issued by the
Secretary under the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(3) the term ``lessee'' means the holder of a lease; and
(4) the term ``operator'' means any person that is
responsible under the terms and conditions of a lease for the
operations conducted on leased lands or any portion thereof.
(b) Post-Lease Surface Use Agreement.--
(1) In general.--Except as provided in subsection (c), the
Secretary may not authorize any operator to conduct
exploration and drilling operations on lands with respect to
which title to oil and gas resources is held by the United
States but title to the surface estate is not held by the
United States, until the operator has filed with the
Secretary a document, signed by the operator and the surface
owner or owners, showing that the operator has secured a
written surface use agreement between the operator and the
surface owner or owners that meets the requirements of
paragraph (2).
(2) Contents.--The surface use agreement shall provide
for--
(A) the use of only such portion of the surface estate as
is reasonably necessary for exploration and drilling
operations based on site-specific conditions;
(B) the accommodation of the surface estate owner to the
maximum extent practicable, including the location, use,
timing, and type of exploration and drilling operations,
consistent with the operator's right to develop the oil and
gas estate;
(C) the reclamation of the site to a condition capable of
supporting the uses which such lands were capable of
supporting prior to exploration and drilling operations or
other uses as agreed to by the operator and the surface
owner; and
(D) compensation for damages as a result of exploration and
drilling operations, including but not limited to--
(i) loss of income and increased costs incurred;
(ii) damage to or destruction of personal property,
including crops, forage, and livestock; and
(iii) failure to reclaim the site in accordance with this
subparagraph (C).
(3) Procedure.--
(A) In general.--An operator shall notify the surface
estate owner or owners of the operator's desire to conclude
an agreement under this section. If the surface estate owner
and the operator do not reach an agreement within 90 days
after the operator has provided such notice, the matter shall
be referred to third party arbitration for resolution within
a period of 90 days. The cost of such arbitration shall be
the responsibility of the operator.
(B) Identification of arbiters.--The Secretary shall
identify persons with experience in conducting arbitrations
and shall make this information available to operators and
surface owners.
(C) Referral to identified arbiter.--Referral of a matter
for arbitration by a person identified by the Secretary
pursuant to subparagraph (B) shall be sufficient to
constitute compliance with subparagraph (A).
(4) Attorneys fees.--If action is taken to enforce or
interpret any of the terms and conditions contained in a
surface use agreement, the prevailing party shall be
reimbursed by the other party for reasonable attorneys fees
and actual costs incurred, in addition to any other relief
which a court or arbitration panel may grant.
(c) Authorized Exploration and Drilling Operations.--
(1) Authorization without surface use agreement.--The
Secretary may authorize an operator to conduct exploration
and drilling operations on lands covered by subsection (b) in
the absence of an agreement with the surface estate owner or
owners, if--
(A) the Secretary makes a determination in writing that the
operator made a good faith attempt to conclude such an
agreement, including referral of the matter to arbitration
pursuant to subsection (b)(3), but that no agreement was
concluded within 90 days after the referral to arbitration;
(B) the operator submits a plan of operations that provides
for the matters specified in subsection (b)(2) and for
compliance with all other applicable requirements of Federal
and State law; and
(C) the operator posts a bond or other financial assurance
in an amount the Secretary determines to be adequate to
ensure compensation to the surface estate owner for any
damages to the site, in the form of a surety bond, trust
fund, letter of credit, government security, certificate of
deposit, cash, or equivalent.
(2) Surface owner participation.--The Secretary shall
provide surface estate owners with an opportunity to--
(A) comment on plans of operations in advance of a
determination of compliance with this section;
(B) participate in bond level determinations and bond
release proceedings under this subsection;
(C) attend an on-site inspection during such determinations
and proceedings;
(D) file written objections to a proposed bond release; and
(E) request and participate in an on-site inspection when
they have reason to believe
[[Page 23062]]
there is a violation of the terms and conditions of a plan of
operations.
(3) Payment of financial guarantee.--A surface estate owner
with respect to any land subject to a lease may petition the
Secretary for payment of all or any portion of a bond or
other financial assurance required under this subsection as
compensation for any damages as a result of exploration and
drilling operations. Pursuant to such a petition, the
Secretary may use such bond or other guarantee to provide
compensation to the surface estate owner for such damages.
(4) Bond release.--Upon request and after inspection and
opportunity for surface estate owner review, the Secretary
may release the financial assurance required under this
subsection if the Secretary determines that exploration and
drilling operations have ended and all damages have been
fully compensated.
(d) Surface Owner Notification.--The Secretary shall--
(1) notify surface estate owners in writing at least 45
days in advance of lease sales;
(2) within ten working days after a lease is issued, notify
surface estate owners regarding the identity of the lessee;
(3) notify surface estate owners in writing within 10
working days concerning any subsequent decisions regarding a
lease, such as modifying or waiving stipulations and
approving rights-of-way; and
(4) notify surface estate owners within five business days
after issuance of a drilling permit under a lease.
(e) Regulations.--The Secretary shall issue regulations
implementing this section by not later than 1 year after the
date of the enactment of this Act.
(f) Relationship to State Law.--Nothing in this section
preempts applicable State law or regulation relating to
surface owner protection.
SEC. 7222. ONSHORE OIL AND GAS RECLAMATION AND BONDING.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is
amended by adding at the end the following:
``(q) Reclamation Requirements.--An operator producing oil
or gas (including coalbed methane) under a lease issued
pursuant to this Act shall--
``(1) at a minimum restore the land affected to a condition
capable of supporting the uses that it was capable of
supporting prior to any drilling, or higher or better uses of
which there is reasonable likelihood, so long as such use or
uses do not present any actual or probable hazard to public
health or safety or pose any actual or probable threat of
water diminution or pollution, and the permit applicants'
declared proposed land use following reclamation is not
impractical or unreasonable, inconsistent with applicable
land use policies and plans, or involve unreasonable delay in
implementation, or is violative of Federal or State law;
``(2) ensure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the oil and gas drilling operations; and
``(3) submit with the plan of operations a reclamation plan
that describes in detail the methods and practices that will
be used to ensure complete and timely restoration of all
lands affected by oil and gas operations.
``(r) Reclamation Bond or Other Financial Assurances.--An
operator producing oil or gas (including coalbed methane)
under a lease issued under this Act shall post a bond or
other financial assurances that cover the reclamation of that
area of land within the permit area upon which the operator
will initiate and conduct oil and gas drilling and
reclamation operations within the initial term of the permit.
As succeeding increments of oil and gas drilling and
reclamation operations are to be initiated and conducted
within the permit area, the lessee shall file with the
regulatory authority an additional bond or bonds or other
financial assurances to cover such increments in accordance
with this section. The amount of the bond or other financial
assurances required for each bonded area shall depend upon
the reclamation requirements of the approved permit; shall
reflect the probable difficulty of reclamation giving
consideration to such factors as topography, geology of the
site, hydrology, and revegetation potential; and shall be
determined by the Secretary. The amount of the bond or other
financial assurances shall be sufficient to assure the
completion of the reclamation plan if the work had to be
performed by the Secretary in the event of forfeiture.
``(s) Regulations.--No later than one year after the date
of the enactment of this subsection, the Secretary shall
promulgate regulations to implement the requirements,
including for the release of bonds or other financial
assurances, of subsections (q) and (r).''.
SEC. 7223. PROTECTION OF WATER RESOURCES.
(a) Mineral Leasing Act Requirements.--Section 17 of the
Mineral Leasing Act (30 U.S.C. 226) is further amended by
adding at the end the following:
``(t) Water Requirements.--
``(1) In general.--An operator producing oil or gas
(including coalbed methane) under a lease issued under this
Act shall--
``(A) remediate or replace the water supply of a water user
who obtains all or part of such user's supply of water for
domestic, agricultural, or other purposes from an underground
or surface source that has been affected by contamination,
diminution, or interruption proximately resulting from
drilling operations for such production; and
``(B) comply with all applicable requirements of Federal
and State law for discharge of any water produced under the
lease.
``(2) Water management plan.--An application for a permit
to drill submitted pursuant to a lease issued under this Act
shall be accompanied by a proposed water management plan
including provisions to--
``(A) protect the quantity and quality of surface and
ground water systems, both on-site and off-site, from adverse
effects of the exploration, development, and reclamation
processes or to provide alternative sources of water if such
protection cannot be assured;
``(B) protect the rights of present users of water that
would be affected by operations under the lease, including
the discharge of any water produced in connection with such
operations that is not reinjected; and
``(C) identify any agreements with other parties for the
beneficial use of produced waters and the steps that will be
taken to comply with State and Federal laws related to such
use.''.
(b) Relation to State Law.--Nothing in this chapter or any
amendment made by this chapter shall--
(1) be construed as impairing or in any manner affecting
any right or jurisdiction of any State with respect to the
waters of such State; or
(2) be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
States.
(c) Regulations.--No later than one year after the date of
the enactment of this Act, the Secretary of the Interior
shall promulgate regulations to implement this section.
(d) Intent of Congress.--Nothing in this section shall be
construed to be intended by Congress as a precedent for oil
and gas management on State or privately owned land.
SEC. 7224. DUE DILIGENCE FEE.
(a) Establishment.--The Secretary of the Interior shall,
within 180 days after the date of enactment of this Act,
issue regulations to establish a fee with respect to Federal
onshore lands that are subject to a lease for production of
oil, natural gas, or coal under which production is not
occurring. Such fee shall apply with respect to lands that
are subject to such a lease that is in effect on the date
final regulations are promulgated under this subsection or
that is issued thereafter.
(b) Amount.--The amount of the fee shall be $1 per year for
each acre of land that is not in production for that year.
(c) Assessment and Collection.--The Secretary shall assess
and collect the fee established under this section.
(d) Deposit and Use.--Amounts received by the United States
in the form of the fee established under this section shall
be available to the Secretary of the Interior for use to
repair damage to Federal lands and resources caused by oil
and gas development, in accordance with the the documents
submitted by the President with the budget submission for
fiscal year 2008 relating to the Healthy Lands Initiative.
Amounts received by the United States as fees under this
section shall be treated as offsetting receipts.
CHAPTER 4--WIND ENERGY
SEC. 7231. WIND TURBINE GUIDELINES ADVISORY COMMITTEE.
(a) In General.--The Secretary of the Interior, within 30
days after the date of enactment of this Act, shall convene
or utilize an existing Wind Turbine Guidelines Advisory
Committee to study and make recommendations to the Secretary
on guidance for avoiding or minimizing impacts to wildlife
and their habitats related to land-based wind energy
facilities. The matters assessed by the Committee shall
include the following:
(1) The Service Interim Guidance on Avoiding and Minimizing
Wildlife Impacts from Wind Turbines of 2003.
(2) Balancing potential impacts to wildlife with
requirements for acquiring the information necessary to
assess those impacts prior to selecting sites and designing
facilities.
(3) The scientific tools and procedures best able to assess
pre-development risk or benefits provided to wildlife,
measure post-development mortality, assess behavioral
modification, and provide compensatory mitigation for
unavoidable impacts.
(4) A process for coordinating State, tribal, local, and
national review and evaluation of the impacts to wildlife
from wind energy consistent with State and Federal laws and
international treaties.
(5) Determination of project size thresholds or impacts
below which guidelines may not apply.
(6) Appropriate timetables for phasing-in guidance.
(7) Current State actions to avoid and minimize wildlife
impacts from wind turbines in consultation with State
wildlife agencies.
(b) Committee Operations.--The Wind Turbine Guidelines
Advisory Committee shall conduct its activities in accordance
with the Federal Advisory Committee Act (5 U.S.C. App.). The
Secretary is authorized to provide such technical analyses
and support as is requested by such advisory committee.
[[Page 23063]]
(c) Committee Membership.--The membership of the Wind
Turbine Guidelines Advisory Committee shall not exceed 20
members, and shall be appointed by the Secretary of the
Interior to achieve balanced representation of wind energy
development, wildlife conservation, and government. The
members shall include representatives from the United States
Fish and Wildlife Service and other Federal agencies, and
representatives from other interested persons, including
States, tribes, wind energy development organizations,
nongovernmental conservation organizations, and local
regulatory or licensing commissions.
(d) Report.--The Wind Turbine Advisory Committee shall,
within 18 months after the date of enactment of this Act,
submit a report to Congress and the Secretary providing
recommended guidance for developing effective measures to
protect wildlife resources and enhance potential benefits to
wildlife that may be identified.
(e) Issuance of Guidance.--Not later than 6 months after
receiving the report of the Wind Turbine Guidelines Advisory
Committee under subsection (d), the Secretary shall following
public notice and comment issue final guidance to avoid and
minimize impacts to wildlife and their habitats related to
land-based wind energy facilities. Such guidance shall be
based upon the findings and recommendations made in the
report.
SEC. 7232. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH TO
STUDY WIND ENERGY IMPACTS ON WILDLIFE.
There is authorized to be appropriated to the Secretary of
the Interior $2,000,000 for each of fiscal years 2008 through
2015 for new and ongoing research efforts to evaluate methods
for minimizing wildlife impacts at wind energy projects and
to explore effective mitigation methods that may be utilized
for that purpose.
SEC. 7233. ENFORCEMENT.
The Secretary shall enforce the Endangered Species Act of
1973, the Migratory Bird Treaty Act, the Bald Eagle
Protection Act, the Golden Eagle Protection Act, the Marine
Mammal Protection Act of 1973, the National Environmental
Policy Act of 1969, and any other relevant Federal law to
address adverse wildlife impacts related to wind projects.
Nothing in this section preempts State enforcement of
applicable State laws.
SEC. 7234. SAVINGS CLAUSE.
Nothing in this chapter preempts any provision of State law
or regulation relating to the siting of wind projects or to
consideration or review of any environmental impacts of wind
projects.
CHAPTER 5--ENHANCING ENERGY TRANSMISSION
SEC. 7241. POWER MARKETING ADMINISTRATIONS REPORT.
(a) Analysis.--The Secretary of Energy, acting through the
Administrator of the Bonneville Area Power Marketing
Administration in consultation with the Western Area Power
Marketing Administration, and in coordination with regional
transmission entities, shall conduct, or participate with
such regional transmission entities to conduct, an analysis
of the existing capacity of transmission systems serving the
States of California, Oregon, and Washington to determine
whether the existing capacity is adequate to accommodate and
integrate development and commercial operation of ocean wave,
tidal, and current energy projects in State and Federal
marine waters adjacent to those States.
(b) Report.--Based on the analysis conducted under
subsection (a), the Secretary of Energy shall prepare and
provide to the Natural Resources Committee of the House of
Representatives and the Energy and Natural Resources
Committee of the Senate, not later than one year after the
date of enactment of this Act, a report identifying changes
required, if any, in the capacity of existing transmission
systems serving the States referred to in subsection (a) in
order to reliably and efficiently accommodate and integrate
generation from commercial ocean wave, tidal, and current
energy projects in aggregate, escalating amounts equal to
2.5, 5, and 10 percent of the current electrical energy
consumption in those States.
(c) Activities Nonreimbursable.--Activities carried out
under subsection (a) or (b) shall be nonreimbursable.
(d) Existing Procedures and Queuing Not Affected.--Nothing
in this section supercedes existing procedures and queuing
pursuant to the appropriate Open Access Transmission Tariffs
filed by the Administrators of the Bonneville and Western
Area Power Administrations.
Subtitle C--Alternative Energy and Efficiency
SEC. 7301. STATE OCEAN AND COASTAL ALTERNATIVE ENERGY
PLANNING.
(a) In General.--The Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.) is amended by inserting after
section 306A the following:
``OCEAN AND COASTAL ALTERNATIVE ENERGY STATE SURVEYS; ALTERNATIVE
ENERGY SITE IDENTIFICATION AND PLANNING
``Sec. 306B. (a) Grants to States.--The Secretary may make
grants to eligible coastal States to support voluntary State
efforts to initiate and complete surveys of portions of
coastal State waters and Federal waters adjacent to a State's
coastal zone, in consultation with the Minerals Management
Service, to identify potential areas suitable or unsuitable
for the exploration, development, and production of
alternative energy that are consistent with the enforceable
policies of coastal management plans approved pursuant to
section 306(d).
``(b) Survey Elements.--Surveys developed with grants under
this section may include, but not be limited to--
``(1) hydrographic and bathymetric surveys;
``(2) oceanographic observations and measurements of the
physical ocean environment, especially seismically active
areas;
``(3) identification and characterization of significant or
sensitive marine ecosystems or other areas possessing
important conservation, recreational, ecological, historic,
or aesthetic values;
``(4) surveys of existing marine uses in the outer
Continental Shelf and identification of potential conflicts;
``(5) inventories and surveys of shore locations and
infrastructure capable of supporting alternative energy
development;
``(6) inventories and surveys of offshore locations and
infrastructure capable of supporting alternative energy
development; and
``(7) other actions as may be necessary.
``(c) Participation and Cooperation.--To the extent
practicable, coastal States shall provide opportunity for the
participation in surveys under this section by relevant
Federal agencies, State agencies, local governments, regional
organizations, port authorities, and other interested parties
and stakeholders, public and private, that is adequate to
develop a comprehensive survey.
``(d) Guidelines.--The Secretary shall, within 180 days
after the date of enactment of this section and after
consultation with the coastal States, publish guidelines for
the application for and use of grants under this section.
``(e) Annual Grants.--For each of fiscal years 2008 through
2011, the Secretary may make a grant to a coastal State under
this section if the coastal State demonstrates to the
satisfaction of the Secretary that the grant will be used to
develop an alternative energy survey consistent with the
requirements set forth in this section.
``(f) Grant Amounts.--The amount of any grant under this
section shall not exceed $750,000 for any fiscal year.
``(g) State Match.--
``(1) Before fiscal year 2010.--The Secretary shall not
require any State matching fund contribution for grants
awarded under this section for any fiscal year before fiscal
year 2010.
``(2) After fiscal year 2010.--The Secretary shall require
a coastal State to provide a matching fund contribution for a
grant under this section for surveys of a State's coastal
waters, according to--
``(A) a 2-to-1 ratio of Federal-to-State contributions for
fiscal year 2010; and
``(B) a 1-to-1 ratio of Federal-to-State contributions for
fiscal year 2011.
``(3) Limitation.--The Secretary shall not require any
matching funds for surveys of Federal waters adjacent to a
State's coastal zone.
``(h) Secretarial Review.--After an initial grant is made
to a coastal State under this section, no subsequent grant
may be made to that coastal State under this section unless
the Secretary finds that the coastal State is satisfactorily
developing its survey.
``(i) Limitation on Eligibility.--No coastal State is
eligible to receive grants under this section for more than 4
fiscal years.
``(j) Applicability.--This section and the surveys
conducted with assistance under this section shall not be
construed to convey any new authority to any coastal State,
or repeal or supersede any existing authority of any Federal
agency, to regulate the siting, licensing, leasing, or
permitting of alternative energy facilities in areas of the
outer Continental Shelf under the administration of the
Federal Government. Nothing in this section repeals or
supersedes any existing coastal State authority pursuant to
State or Federal law.
``(k) Priority.--Any area that is identified as suitable
for potential alternative energy development under surveys
developed with assistance under this section shall be given
priority consideration by Federal agencies for the siting,
licensing, leasing, or permitting of alternative energy
facilities. Any area that is identified as unsuitable under
surveys developed with assistance under this section shall be
avoided by Federal agencies to the maximum extent
practicable.
``(l) Assistance by the Secretary.--The Secretary shall--
``(1) under section 307(a) and to the extent practicable,
make available to coastal States the resources and
capabilities of the National Oceanic and Atmospheric
Administration to provide technical assistance to the coastal
States to develop surveys under this section; and
``(2) encourage other Federal agencies with relevant
expertise to participate in providing technical assistance
under this subsection.''.
(b) Authorization of Appropriations.--Section 318(a) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is
amended--
(1) in paragraph (1)(C) by striking ``and'' after the
semicolon;
[[Page 23064]]
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) for grants under section 306B such sums as are
necessary; and''.
SEC. 7302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF
RECLAMATION PROJECTS.
(a) Evaluation and Report.--Not later than one year after
the date of the enactment of this Act, the Secretary of the
Interior shall complete an evaluation and report to Congress
on the potential for developing rights-of-way along Bureau of
Reclamation canals and infrastructure for solar or wind
energy production through leasing of lands or other means.
The report to Congress shall specify--
(1) location of potential rights-of-way for energy
production;
(2) total acreage available for energy production;
(3) existing transmission infrastructure at sites;
(4) estimates of fair market leasing value of potential
energy sites; and
(5) estimate energy development potential at sites.
(b) Consultation.--In carrying out this section the
Secretary of the Interior shall consult with persons that
would be affected by development of rights-of-ways referred
to in subsection (a), including the beneficiaries of the
canal and infrastructure evaluated under that subsection.
(c) Limitations.--Nothing in this section--
(1) shall be construed to authorize the Bureau of
Reclamation or any contractor hired by the Bureau of
Reclamation to inventory or access rights-of-way owned or
operated and maintained by non-Federal interests, unless such
interests provide written permission for such inventory or an
agreement or contract governing Federal access is in effect;
(2) shall be construed to impede accessibility, impair
project operations and maintenance, or create additional
costs for entities managing the rights-of-way; or
(3) shall be used as the basis of an increase in project-
use power or preference power costs that will be borne by the
consumer.
SEC. 7303. INCREASING ENERGY EFFICIENCIES FOR WATER
DESALINATION.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298) is amended by adding at the end the
following new section:
``SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY FOR WATER
DESALINATION AND WATER RECYCLING.
``(a) Research Program.--The Secretary of the Interior, in
consultation with the Secretary of Energy, shall implement a
program to research methods for improving the energy
efficiency of reverse osmosis technology for water
desalination, water contamination, and water recycling.
``(b) Report.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior
shall submit to Congress a report which shall include--
``(1) a review of existing and emerging technologies, both
domestic and international, that are likely to improve energy
efficiency or utilize renewable energy sources at existing
and future desalination and recycling facilities; and
``(2) an analysis of the economic viability of energy
efficiency technologies.''.
SEC. 7304. ESTABLISHING A PILOT PROGRAM FOR THE DEVELOPMENT
OF STRATEGIC SOLAR RESERVES ON FEDERAL LANDS.
(a) Purpose.--The purpose of this section is to establish a
pilot program for the development of strategic solar reserves
on Federal lands for the advancement, development,
assessment, and installation of commercial solar electric
energy systems.
(b) Strategic Solar Reserve Pilot Program.--
(1) Site selection.--The Secretary of the Interior, in
consultation with the Secretary of Energy, the Secretary of
Defense, and the Federal Energy Regulatory Commission,
States, tribal, or local units of governments, as
appropriate, affected utility industries, and other
interested persons, shall complete the following:
(A) Identify Federal lands under the jurisdiction of the
Bureau of Land Management, subject to valid existing rights,
that are suitable and feasible for the installation of solar
electric energy systems sufficient to create a solar energy
reserve of no less than 4 GW and no more than 25 GW.
(B) Perform any environmental reviews that may be required
to complete the designation of such solar reserves.
(C) Incorporate the designated solar reserves into the
relevant agency land use and resource management plans or
equivalent plans.
(D) Identify the needed transmission upgrades to the solar
reserves.
(2) Minimum power of sites.--Each site identified as
suitable and feasible for the installation of solar electric
energy systems shall be sufficient for the installation of at
least 1 GW.
(3) Lands not included.--The following Federal lands shall
not be included within a strategic solar reserve site:
(A) Components of the National Landscape Conservation
System.
(B) Areas of Critical Environmental Concern.
(4) Implementation of the pilot program for strategic solar
reserves.--
(A) In general.--The Secretary of the Interior, in
consultation with the Secretary of Energy and following the
completion of the requirements under paragraph (1)(B), shall
expeditiously implement a strategic solar reserve pilot
program in order to issue rights-of-way on land identified
under paragraph (1)(A) to produce no less than 4 GW and no
more than 25 GW of solar electric power from that land.
(B) Criteria for applications.--The Secretary of the
Interior, in consultation with the Secretary of Energy, shall
establish criteria for approving applications to obtain
rights-of-way on land under this paragraph based, in part, on
the proposed solar electric energy technologies proposed to
be used on such rights-of-way.
(C) Variety of technologies.--The Secretary of the
Interior, in consultation with the Secretary of Energy, shall
provide for a variety of solar electric energy technologies
to be used on rights-of-way on land under this paragraph.
(D) Milestones.--The Secretary of the Interior, in
consultation with the Secretary of Energy, shall develop
milestones for activities on rights-of-way on land under this
paragraph to ensure due diligence in the development of such
land.
(5) Environmental compliance.--The Secretary of the
Interior shall complete all necessary environmental surveys,
compliance, and permitting for rights-of-way pursuant to
title V of the Federal Land Policy and Management Act of 1976
for each strategic solar reserve, as expeditiously as
possible. Each applicant shall pay all costs of environmental
compliance, including when a determination is made that the
land that is the subject of the application is not suitable
and feasible for installation or the bid is withdrawn
following the initiation of such environmental compliance.
(6) Permits.--The Secretary of the Interior shall ensure
that all strategic solar reserve installations pursuant to
this section are permitted using an expedited permitting
process. The Secretary shall, in consultation with the
Secretary of Energy, complete the preparation of a
Programmatic Environmental Impact Statement by the
Departments of Energy and the Interior for purposes of this
section.
(7) Rental fee; right-of-way term.--
(A) Rental fee.--The rental fee for each strategic solar
reserve right-of-way under this subsection shall be in the
amount of $300 per acre per year for the initial 10-year
period, except that the rental fee shall be phased-in for a
right-of-way during the initial 3 years after the signing of
the right-of-way authorization. For the first year the rental
fee shall be 25 percent of that amount. For the second year
the rental fee shall be 50 percent of that amount. For the
third year and each year thereafter the fee shall be 100
percent of that amount, except that the rental fee after the
initial 10-year period shall be adjusted by the Secretary of
the Interior according to the Gross Domestic Product Implicit
Price Deflator each year for the remainder of the term of the
right-of-way authorization. The rental fee shall be paid in
annual payments commencing on the day the right-of-way
authorization is signed. The rental fee established by this
paragraph shall apply to all solar electric projects that
have pending applications with the Bureau of Land Management
as of June 1, 2007.
(B) Term.--Each right-of-way authorization shall be
effective for an initial term of 30 years. Such term may be
extended by the Secretary of the Interior for periods of 10
years.
(8) Report to congress.--The Secretary of the Interior, in
consultation with the Secretary of Energy, shall submit a
report to Congress on the findings of the pilot program--
(A) not later than 3 years after the installation of the
first facility pursuant to this section; and
(B) 10 years after the installation of the first facility
pursuant to this section.
(c) Buy American Act.--Beginning 3 years after the date of
enactment of this Act, any equipment used on lands included
within a strategic solar reserve site must be American-made,
as that term is used in the Buy American Act (41 U.S.C. 10a
et seq.).
(d) Sunset.--Except as provided in subsection (b)(7), the
authorities contained in this section shall expire 10 years
after the date of the enactment of this Act.
SEC. 7305. OTEC REGULATIONS.
The Administrator of the National Oceanic and Atmospheric
Administration shall, within two years after the date of
enactment of this Act, issue regulations necessary to
implement the Administrator's authority to license offshore
thermal energy conversion facilities under the Ocean Thermal
Energy Conversion Research, Development, and Demonstration
Act (42 U.S.C. 9001 et seq.).
SEC. 7306. BIOMASS UTILIZATION PILOT PROGRAM.
(a) Replacement of Current Grant Program.--Section 210 of
the Energy Policy Act of 2005 (42 U.S.C. 15855) is amended to
read as follows:
``SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM.
``(a) Findings.--Congress finds the following:
[[Page 23065]]
``(1) The supply of woody biomass for energy production is
directly linked to forest management planning to a degree far
greater than in the case of other types of energy
development.
``(2) As a consequence of this linkage, the process of
developing and evaluating appropriate technologies and
facilities for woody biomass energy and utilization must be
integrated with long-term forest management planning
processes, particularly in situations where Federal lands
dominate the forested landscape.
``(b) Biomass Definition for Federal Forest Lands.--In this
section, with respect to organic material removed from
National Forest System lands or from public lands
administered by the Secretary of the Interior, the term
`biomass' covers only organic material from--
``(1) ecological forest restoration;
``(2) small-diameter byproducts of hazardous fuels
treatments;
``(3) pre-commercial thinnings;
``(4) brush;
``(5) mill residues; and
``(6) slash.
``(c) Pilot Program.--The Secretary of Agriculture and the
Secretary of the Interior shall establish a pilot program, to
be known as the `Biomass Utilization Pilot Program',
involving 10 different forest types on Federal lands, under
which the Secretary concerned will provide technical
assistance and grants to persons to support the following
biomass-related activities:
``(1) The development of biomass utilization infrastructure
to support hazardous fuel reduction and ecological forest
restoration.
``(2) The research and implementation of integrated
facilities that seek to utilize woody biomass for its highest
and best uses, with particular emphasis on projects that are
linked to implementing community wildfire protection plans,
ecological forest restoration, and economic development in
rural communities.
``(3) The testing of multiple technologies and approaches
to biomass utilization for energy, with emphasis on improving
energy efficiency, developing thermal applications and
distributed heat, biofuels, and achieving cleaner emissions
including through combustion with other fuels, as well as
other value-added uses.
``(d) Biomass Supply Study.--Prior to the development of
any biomass utilization pilot projects, the Secretary
concerned shall develop a study to determine the long-term,
ecologically sustainable, biomass supply available in the
pilot program area. The study shall incorporate results form
coordinated resource offering protocol (CROP) studies. The
study shall also analyze the long-term availability of
biomass materials within a reasonable transportation
distance. The biomass supply studies shall be developed
through a collaborative approach, as evidenced by the broad
involvement, analysis, and agreement of interested persons,
including local governments, energy developers,
conservationists, and land management agencies. The Secretary
concerned may direct a resource advisory committee
established under section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 500 note;
Public Law 106-393), and reauthorized by the amendments made
by Public Law 110-28, to carry out the requirements of this
subsection. The results of the biomass supply study shall be
a basis for determining the project scale, as outlined in
subsection (g).
``(e) Exclusion of Certain Federal Land.--The following
Federal lands may not be included within a pilot project
site:
``(1) Federal land containing old-growth forest or late-
successional forest, unless the Secretary concerned
determines that the pilot project on such land is appropriate
for the applicable forest type and maximizes and enhances the
retention of late-successional and large- and old-growth
trees, late-successional and old-growth forest structure, and
late-successional and old-growth forest composition.
``(2) Federal land on which the removal of vegetation is
prohibited, including components of the National Wilderness
Preservation System.
``(3) Wilderness Study Areas.
``(4) Inventoried roadless areas.
``(5) Components of the National Landscape Conservation
System.
``(6) National Monuments.
``(f) Multiple Projects.--In conducting the pilot program,
the Secretary concerned shall include a variety of projects
involving--
``(1) innovations in facilities of various sizes and
processing techniques; and
``(2) the full spectrum of woody biomass producing regions
of the United States.
``(g) Selection Criteria and Project Scale.--In selecting
the projects to be conducted under the pilot program, and the
appropriate scale of projects, the Secretary concerned shall
consider criteria that evaluate existing economic,
ecological, and social conditions, focusing on opportunities
such as workforce training, job creation, ecosystem health,
reducing energy costs, and facilitating the production of
alternative energy fuels. The agreement on the scale of a
project shall be reached through a collaborative approach, as
evidenced by the broad involvement, analysis, and agreement
of interested persons, including local governments, energy
developers, conservationists, and land management agencies.
In selecting the appropriate scale of projects to be
conducted under the pilot program, the Secretary concerned
shall also consider the results of the supply study as
outlined in subsection (d).
``(h) Monitoring and Reporting Requirements.--As part of
the pilot program, the Secretary concerned shall impose
monitoring and reporting requirements to ensure that the
ecological, social, and economic effects of the projects
conducted under the pilot program are being monitored and
that the accomplishments, challenges, and lessons of each
project are recorded and reported.
``(i) Other Definitions.--In this section:
``(1) Highest and best use.--The term `highest and best
use', with regard to biomass, means--
``(A) creating from raw materials those products and those
biomass uses that will achieve the highest market value; and
``(B) yielding a wide range of existing and innovative
products and biomass uses that create new markets, stimulate
existing ones, and improve rural economies, maintains or
improves ecosystem integrity, while also supporting
traditional biomass energy generation.
``(2) Pilot program.--The term `pilot program' means the
Biomass Utilization Pilot Program established pursuant to
this section.
``(3) Secretary concerned.--The term `Secretary concerned'
means the Secretary of Agriculture, with respect to National
Forest System lands, and the Secretary of the Interior, with
respect to public lands administered by the Secretary of the
Interior.
``(4) Community wildfire protection plan.--The term
`community wildfire protection plan' has the meaning given
that term in section 101(3) of the Healthy Forest Restoration
Act of 2003 (16 U.S.C. 6511(3)), which is further described
by the Western Governors Association in the document entitled
`Preparing a Community Wildfire Protection Plan: A Handbook
for Wildland-Interface Communities' and dated March 2004.
``(5) Federal land.--The term `Federal land' means--
``(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
``(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the surface of which is administered by the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
``(6) Inventoried roadless area.--The term `Inventoried
roadless area' means one of the areas identified in the set
of inventoried roadless areas maps contained in the Forest
Service Roadless Areas Conservation, Final Environmental
Impact Statement, Volume 2, dated November 2000.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the pilot program.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 210 and inserting the following new item:
``Sec. 210. Biomass utilization pilot program.''.
SEC. 7307. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
The Secretary of Commerce and the Secretary of the Interior
shall, in cooperation with the Federal Energy Regulatory
Commission and the Secretary of Energy, and in consultation
with appropriate State agencies, jointly prepare programmatic
environmental impact statements which contain all the
elements of an environmental impact statement under section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332), regarding the impacts of the deployment of
marine and hydrokinetic renewable energy technologies in the
navigable waters of the United States. One programmatic
environmental impact statement shall be prepared under this
section for each of the Environmental Protection Agency
regions of the United States. The agencies shall issue the
programmatic environmental impact statements under this
section not later than 18 months after the date of enactment
of this Act. The programmatic environmental impact statements
shall evaluate among other things the potential impacts of
site selection on fish and wildlife and related habitat.
Nothing in this section shall operate to delay consideration
of any application for a license or permit for a marine and
hydrokinetic renewable energy technology project.
Subtitle D--Carbon Capture and Climate Change Mitigation
CHAPTER 1--GEOLOGICAL SEQUESTRATION ASSESSMENT
SEC. 7401. SHORT TITLE.
This chapter may be cited as the ``National Carbon Dioxide
Storage Capacity Assessment Act of 2007''.
[[Page 23066]]
SEC. 7402. NATIONAL ASSESSMENT.
(a) Definitions.--In this section:
(1) Assessment.--The term ``assessment'' means the national
assessment of capacity for carbon dioxide completed under
subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
storage 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 storage.
(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) Storage formation.--The term ``storage 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 storage
formations in all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations;
(5) the risk associated with the potential storage
formations; and
(6) the Carbon Sequestration Atlas of the United States and
Canada that was completed by the Department of Energy in
April 2006.
(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 storage capacity of carbon dioxide in
geological storage 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 storage of carbon dioxide in geologic
formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment, the
Secretary of Energy shall incorporate the results of the
assessment using the NatCarb database, to the maximum extent
practicable.
(B) Ranking.--The database shall include the data necessary
to rank potential storage 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 Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate 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.
CHAPTER 2--TERRESTRIAL SEQUESTRATION ASSESSMENT
SEC. 7421. REQUIREMENT TO CONDUCT AN ASSESSMENT.
(a) In General.--The Secretary of the Interior, acting
through the United States Geological Survey, shall--
(1) conduct an assessment of the amount of carbon stored in
terrestrial, aquatic, and coastal ecosystems (including
estuaries);
(2) determine the processes that control the flux of carbon
in and out of each ecosystem;
(3) estimate the potential for increasing carbon
sequestration in natural systems through management measures
or restoration activities in each ecosystem; and
(4) develop near-term and long-term adaptation strategies
that can be employed to enhance the sequestration of carbon
in each ecosystem.
(b) Use of Native Plant Species.--In developing management
measures, restoration activities, or adaptation strategies,
the Secretary shall emphasize the use of native plant species
for each ecosystem.
(c) Consultation.--The Secretary shall develop the
methodology and conduct the assessment in consultation with
the Secretary of Energy, the Administrator of the National
Oceanic and Atmospheric Administration, and the heads of
other relevant agencies.
SEC. 7422. METHODOLOGY.
(a) In General.--Within one year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting the assessment.
(b) Publication of Proposed Methodology; Comment.--Upon
completion of a proposed methodology, the Secretary shall
publish the proposed methodology and solicit comments from
the public and heads of affected Federal and State agencies
for 60 days before publishing a final methodology.
SEC. 7423. COMPLETION OF ASSESSMENT AND REPORT.
The Secretary shall--
(1) complete the national assessment within 3 years after
publication of the final methodology under section 7422; and
(2) submit a report describing the results of the
assessment to the House Committee on Natural Resources and
the Senate Committee on Energy and Natural Resources within
180 days after the assessment is completed.
SEC. 7424. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
chapter $15,000,000 for the period of fiscal years 2008
through 2012.
CHAPTER 3--SEQUESTRATION ACTIVITIES
SEC. 7431. CARBON DIOXIDE STORAGE INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C.
15910) is amended by redesignating subsection (d) as
subsection (e), and 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 amount of carbon
dioxide stored from Federal energy leases.''.
SEC. 7432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON
FEDERAL LANDS.
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 regulatory
and certification framework for conducting geological carbon
sequestration activities on Federal lands. The Secretary
shall identify a lead agency within the Department of the
Interior to develop this framework. One of the goals of the
framework shall be to identify what actions need to be taken
in order to allow for commercial-scale geological carbon
sequestration activities to be undertaken on Federal lands as
expeditiously as possible.
CHAPTER 4--NATURAL RESOURCES AND WILDLIFE PROGRAMS
Subchapter A--Natural Resources Management and Climate Change
SEC. 7441. NATURAL RESOURCES MANAGEMENT COUNCIL ON CLIMATE
CHANGE.
(a) Establishment.--The Secretary of the Interior shall
establish a National Resources
[[Page 23067]]
Management Council on Climate Change to address the impacts
of climate change on Federal lands, the ocean environment,
and the Federal water infrastructure. The Council shall
include the head of each of the following agencies:
(1) The Bureau of Land Management.
(2) The National Park Service.
(3) United States Geological Survey.
(4) The United States Fish and Wildlife Service.
(5) The Forest Service.
(6) The Bureau of Reclamation.
(7) The Council on Environmental Quality.
(8) The Minerals Management Service.
(9) The Office of Surface Mining Reclamation and
Enforcement.
(b) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior shall
submit a plan to Congress describing what the agencies listed
in subsection (a) shall do both individually and
cooperatively to accomplish the following:
(1) Working in cooperation with the United States
Geological Survey, develop an interagency inventory and
Geographic Information System database of United States
ecosystems, water supplies, and water infrastructure
vulnerable to climate change.
(2) Manage land, water, and ocean resources in a manner
that takes into account projected climate change impacts,
including but not limited to, prolonged periods of drought
and changing hydrology.
(3) Develop consistent protocols to incorporate climate
change impacts in land and water management decisions across
land and water resources under the jurisdiction of those
agencies listed in subsection (a).
(4) Incorporate the most current, peer-reviewed science on
climate change and the economic, social, and ecological
impacts of climate change into the decision making process of
those agencies listed in subsection (a).
(c) Coordination.--The activities of the Natural Resources
Management Council on Climate Change shall be coordinated
with the activities of the United States Global Change
Research Program.
Subchapter B--National Policy and Strategy for Wildlife
SEC. 7451. SHORT TITLE.
This subchapter may be cited as the ``Global Warming
Wildlife Survival Act''.
SEC. 7452. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.
It is the policy of the Federal Government, in cooperation
with State, tribal, and affected local governments, other
concerned public and private organizations, landowners, and
citizens to use all practicable means and measures--
(1) to assist wildlife populations and their habitats in
adapting to and surviving the effects of global warming; and
(2) to ensure the persistence and resilience of the
wildlife of the United States, together with its habitat, as
an essential part of our Nation's culture, landscape, and
natural resources.
SEC. 7453. DEFINITIONS.
In this chapter:
(1) Ecological processes.--The term ``ecological
processes'' means the biological, chemical, and physical
interactions between the biotic and abiotic components of
ecosystems, including nutrient cycling, pollination,
predator-prey relationships, soil formation, gene flow,
hydrologic cycling, decomposition, and disturbance regimes
such as fire and flooding.
(2) Habitat linkages.--The term ``habitat linkages'' means
areas that connect wildlife habitat or potential wildlife
habitat, and that facilitate the ability of wildlife to move
within a landscape in response to the effects of global
warming.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Wildlife.--The term ``wildlife'' means--
(A) any species of wild, free-ranging fauna, including fish
and other aquatic species; and
(B) any fauna in a captive breeding program the object of
which is to reintroduce individuals of a depleted indigenous
species into previously occupied range.
(5) Habitat.--The term ``habitat'' means the physical,
chemical, and biological properties that are used by wildlife
for growth, reproduction, and survival, including aquatic and
terrestrial plant communities, food, water, cover, and space,
on a tract of land, in a body of water, or in an area or
region.
SEC. 7454. NATIONAL STRATEGY.
(a) Requirement.--
(1) In general.--The Secretary shall, within two years
after the date of the enactment of this Act, on the basis of
the best available science as provided by the science
advisory board under section 7455, and in cooperation with
State fish and wildlife agencies and Indian tribes,
promulgate a national strategy for assisting wildlife
populations and their habitats in adapting to the impacts of
global warming.
(2) Consultation and comment.--In developing the national
strategy, the Secretary shall--
(A) consult with the Secretary of Agriculture, the
Secretary of Commerce, the Administrator of the Environmental
Protection Agency, local governments, conservation
organizations, scientists, and other interested stakeholders;
and
(B) provide opportunity for public comment.
(b) Contents.--
(1) In general.--The Secretary shall include in the
national strategy prioritized goals and measures to--
(A) identify and monitor wildlife populations, including
game species, likely to be adversely affected by global
warming, with particular emphasis on wildlife populations at
greatest need for conservation;
(B) identify and monitor coastal, marine, terrestrial, and
freshwater habitat at greatest risk of being damaged by
global warming;
(C) assist species in adapting to the impacts of global
warming;
(D) protect, acquire, and restore wildlife habitat to build
resilience to global warming;
(E) provide habitat linkages and corridors to facilitate
wildlife movements in response to global warming;
(F) restore and protect ecological processes that sustain
wildlife populations vulnerable to global warming; and
(G) incorporate consideration of climate change in, and
integrate climate change adaptation strategies for wildlife
and its habitat into, the planning and management of Federal
lands administered by the Department of the Interior and
lands administered by the Forest Service.
(2) Coordination with other plans.--In developing the
national strategy, the Secretary shall to the maximum extent
practicable--
(A) take into consideration research and information in
State comprehensive wildlife conservation plans, the North
American Waterfowl Management Plan, the National Fish Habitat
Action Plan, and other relevant plans; and
(B) coordinate and integrate, to the extent consistent with
the policy set forth in section 7452, the goals and measures
identified in the national strategy with goals and measures
identified in such plans.
(c) Revision.--The Secretary shall revise the national
strategy not later than five years after its initial
promulgation, and not later than every ten years thereafter,
to reflect new information on the impacts of global warming
on wildlife and its habitat and advances in the development
of strategies for adapting to or mitigating for such impacts.
(d) Implementation.--
(1) Implementation on federal land systems.--To achieve the
goals of the national strategy and to implement measures for
the conservation of wildlife and its habitat identified in
the national strategy--
(A) the Secretary of the Interior shall exercise the
authority of such Secretary under this title and other laws
within the Secretary's jurisdiction pertaining to the
administration of lands; and
(B) the Secretary of Agriculture shall exercise the
authority of such Secretary under this title and other laws
within the Secretary's jurisdiction pertaining to the
administration of lands.
(2) Wildlife conservation programs.--To the maximum extent
practicable, the Secretary, the Secretary of Agriculture, and
the Secretary of Commerce shall utilize their authorities
under other laws to achieve the goals of the national
strategy.
(e) Limitation on Effect.--Nothing in this section creates
new authority or expands existing authority for the Secretary
to regulate the uses of private property.
SEC. 7455. ADVISORY BOARD.
(a) Science Advisory Board.--
(1) In general.--The Secretary shall establish and appoint
the members of a science advisory board comprised of not less
than 10 and not more than 20 members recommended by the
President of the National Academy of Sciences with expertise
in wildlife biology, ecology, climate change and other
relevant disciplines. The director of the National Global
Warming and Wildlife Science Center established under
subsection (b) shall be an ex officio member of the science
advisory board.
(2) Functions.--The science advisory board shall--
(A) provide scientific and technical advice and
recommendations to the Secretary on the impacts of global
warming on wildlife and its habitat, areas of habitat of
particular importance for the conservation of wildlife
populations affected by global warming, and strategies and
mechanisms to assist wildlife populations and their habitats
in adapting to the impacts of global warming in the
management of Federal lands and in other Federal programs for
wildlife conservation;
(B) advise the National Global Warming and Wildlife Science
Center established under subsection (b) and review the
quality of the research programs of the Center; and
(C) advise the Secretary regarding the best science
available for purposes of developing and revising the
national strategy under section 7454.
(3) Public availability.--The advice and recommendations of
the science advisory board shall be available to the public.
(b) National Global Warming and Wildlife Science Center.--
[[Page 23068]]
(1) In general.--The Secretary shall establish the National
Global Warming and Wildlife Science Center within the United
States Geological Survey.
(2) Functions.--The National Global Warming and Wildlife
Science Center shall--
(A) conduct scientific research on national issues related
to the impacts of global warming on wildlife and its habitat
and mechanisms for adaptation to, mitigation of, or
prevention of such impacts;
(B) consult with and advise Federal land management
agencies and Federal wildlife agencies regarding the impacts
of global warming on wildlife and its habitat and mechanisms
for adaptation to or mitigation of such impacts, and the
incorporation of information regarding such impacts and the
adoption of mechanisms for adaptation or mitigation of such
impacts in the management and planning for Federal lands and
in the administration of Federal wildlife programs; and
(C) consult, and to the maximum extent practicable,
collaborate with State and local agencies, universities, and
other public and private entities regarding their research,
monitoring, and other efforts to address the impacts of
global warming on wildlife and its habitat.
(3) Integration with other federal activities.--The
Secretary, the Secretary of Agriculture, and the Secretary of
Commerce shall ensure that research and other activities
carried out pursuant to this section are integrated with
climate change program research and activities carried out
pursuant to other Federal law.
(c) Detection of Changes.--The Secretary, the Secretary of
Agriculture, and the Secretary of Commerce shall each
exercise authorities under other laws to carry out programs
to detect changes in wildlife abundance, distribution, and
behavior related to global warming, including--
(1) conducting species inventories on Federal lands and in
marine areas within the exclusive economic zone of the United
States; and
(2) establishing and implementing robust, coordinated
monitoring programs.
SEC. 7456. AUTHORIZATION OF APPROPRIATIONS.
(a) Implementation of National Strategy.--Of the amounts
appropriated to carry out this subchapter for each fiscal
year--
(1) 45 percent are authorized to be made available to
Federal agencies to develop and implement the national
strategy promulgated under section 7454 in the administration
of the Federal land systems, of which--
(A) 35 percent shall be allocated to the Department of the
Interior to--
(i) operate the National Global Warming and Wildlife
Science Center established under section 7455; and
(ii) carry out the policy set forth in section 7452 and
implement the national strategy in the administration of the
National Park System the National Wildlife Refuge System, and
on the Bureau of Land Management's public lands; and
(B) 10 percent shall be allocated to the Department of
Agriculture to carry out the policy set forth in section 7452
and implement the national strategy in the administration of
the National Forest System;
(2) 25 percent are authorized to be made available to
Federal agencies to carry out the policy set forth in section
7452 and to implement the national strategy through fish and
wildlife programs, other than for the operation and
maintenance of Federal lands, of which--
(A) 10 percent shall be allocated to the Department of the
Interior to fund endangered species, migratory bird, and
other fish and wildlife programs administered by the United
States Fish and Wildlife Service, other than operations and
maintenance of the national wildlife refuges; and
(B) 15 percent shall be allocated to the Department of the
Interior for implementation of cooperative grant programs
benefitting wildlife including the Cooperative Endangered
Species Fund, Private Stewardship Grants, the North American
Wetlands Conservation Act, the Multinational Species
Conservation Fund, the Neotropical Migratory Bird
Conservation Fund, and the National Fish Habitat Action Plan,
and used for activities that assist wildlife and its habitat
in adapting to the impacts of global warming; and
(3) 30 percent are authorized to be made available for
grants to States and Indian tribes through the State and
tribal wildlife grants program authorized under section 7461,
to--
(A) carry out activities that assist wildlife and its
habitat in adapting to the impacts of global warming in
accordance with State comprehensive wildlife conservation
plans developed and approved under that program; and
(B) revise or supplement existing State comprehensive
wildlife conservation plans as necessary to include specific
strategies for assisting wildlife and its habitat in adapting
to the impacts of global warming.
(b) Availability.--
(1) In general.--Funding is authorized to be made available
to States and Indian tribes pursuant to this section subject
to paragraphs (2) and (3).
(2) Initial 5-year period.--During the 5-year period
beginning on the effective date of this title, a State shall
not be eligible to receive such funding unless the head of
the State's wildlife agency has--
(A) approved, and provided to the Secretary, an explicit
strategy to assist wildlife populations in adapting to the
impacts of global warming; and
(B) incorporated such strategy as a supplement to the
State's comprehensive wildlife conservation plan.
(3) Subsequent period.--After such 5-year period, a State
shall not be eligible to receive such funding unless the
State has submitted to the Secretary, and the Secretary has
approved, a revision to its comprehensive wildlife
conservation plan that--
(A) describes the impacts of global warming on the
diversity and health of the State's wildlife populations and
their habitat;
(B) describes and prioritizes proposed conservation actions
to assist wildlife populations in adapting to such impacts;
(C) establishes programs for monitoring the impacts of
global warming on wildlife populations and their habitats;
and
(D) establishes methods for assessing the effectiveness of
conservation actions taken to assist wildlife populations in
adapting to such impacts and for adapting such actions to
respond appropriately to new information or changing
conditions.
(c) Intent of Congress.--It is the intent of Congress that
funding provided to Federal agencies and States pursuant to
this subchapter supplement, and not replace, existing sources
of funding for wildlife conservation.
Subchapter C--State and Tribal Wildlife Grants Program
SEC. 7461. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.
(a) Authorization of Program.--There is authorized to be
established a State and Tribal Wildlife Grants Program to be
administered by the Secretary of the Interior and to provide
wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin
Islands, the Northern Mariana Islands, American Samoa, and
federally recognized Indian tribes for the planning,
development, and implementation of programs for the benefit
of wildlife and their habitat, including species that are not
hunted or fished.
(b) Allocation of Funds.--
(1) In general.--Of the amounts made available to carry out
this section for each fiscal year--
(A) 10 percent shall be for a competitive grant program for
Indian tribes that are not subject to the remaining
provisions of this section;
(B) of the amounts remaining after the application of
subparagraph (A), and after the deduction of the Secretary's
administrative expenses to carry out this section--
(i) not more than one-half of 1 percent shall be allocated
to each of the District of Columbia and to the Common wealth
of Puerto Rico; and
(ii) not more than one-fourth of 1 percent shall be
allocated to each of Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands; and
(C) of the amount remaining after the application of
subparagraphs (B) and (C), the secretary shall apportion
among the States--
(i) one-third based on the ratio that the land area of each
State bears to the total land area of all States; and
(ii) two-thirds based on the ratio that the population of
each State bears to the total population of all States.
(2) Adjustments.--The amounts apportioned under
subparagraph (C) of paragraph (1) for a fiscal year shall be
adjusted equitably so that no State is apportioned under such
subparagraph a sum that is--
(A) less than 1 percent of the amount available for
apportionment under that subparagraph that fiscal year; or
(B) more than 5 percent of such amount.
(c) Cost Sharing.--
(1) Plan development grants.--The Federal share of the
costs of developing or revising a comprehensive wildlife
conservation plan shall not exceed 75 percent of the total
costs of developing or revising such plan.
(2) Plan implementation grants.--The Federal share of the
costs of implementing an activity in an approved
comprehensive wildlife conservation plan carried out with a
grant under this section shall not exceed 50 percent of the
total costs of such activities.
(3) Prohibition on use of federal funds.--The non-Federal
share of costs of an activity carried out under this section
shall not be paid with amounts derived from any Federal grant
program.
(d) Requirement for Plan.--
(1) In general.--No State, territory, or other jurisdiction
shall be eligible for a grant under this section unless it
submits to the Secretary a comprehensive wildlife
conservation plan that--
(A) complies with paragraph (2); and
(B) considers the broad range of the State, territory, or
other jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the
greatest conservation need and taking into consideration the
relative level of funding available for the conservation of
those species.
(2) Contents.--The comprehensive wildlife conservation plan
must contain--
(A) information on the distribution and abundance of
species of wildlife, including
[[Page 23069]]
low and declining populations as the State, territory, or
other jurisdiction's fish and wildlife agency considers
appropriate, that are indicative of the diversity and health
of the jurisdiction's wildlife;
(B) the location and relative condition of key habitats and
community types essential to conservation of species
identified in subparagraph (A);
(C) descriptions of problems which may adversely affect
species identified in subparagraph (A) or their habitats, and
priority research and survey efforts needed to identify
factors that may assist in restoration and improved
conservation of these species and habitats;
(D) descriptions of conservation actions proposed to
conserve the identified species and habitats and priorities
for implementing such actions;
(E) proposed plans for monitoring species identified in
subparagraph (A) and their habitats, for monitoring the
effectiveness of the conservation actions proposed in
subparagraph (D), and for adapting these conservation actions
to respond appropriately to new information or changing
conditions;
(F) descriptions of procedures to review the comprehensive
wildlife conservation plan at intervals not to exceed ten
years;
(G) plans for coordinating the development, implementation,
review, and revision of the comprehensive wildlife
conservation plan with Federal, State, and local agencies and
Indian tribes that manage significant land and water areas
within the jurisdiction or administer programs that
significantly affect the conservation of identified species
and habitats; and
(H) provisions for broad public participation as an
essential element of the development, revision, and
implementation of the comprehensive wildlife conservation
plan.
(e) Savings Clause.--State comprehensive wildlife
strategies approved by the Secretary pursuant to previous
congressional authorizations and appropriations Acts shall
remain in effect until such strategies expire or are revised
in accordance with their terms. Except as specified in
section 7456(b) with respect to funds made available under
such section, conservation and education activities conducted
or proposed to be conducted pursuant to such previously
approved strategies shall remain authorized.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
CHAPTER 5--OCEAN PROGRAMS
SEC. 7471. OCEAN POLICY, GLOBAL WARMING, AND ACIDIFICATION
PROGRAM.
(a) Development and Implementation.--
(1) In general.--The Secretary of Commerce, shall, within
two years after the date of enactment of this Act, and on the
basis of the best available science, develop and implement a
national strategy using existing authorities and the
authority provided in this section to support coastal State
and Federal agency efforts to--
(A) predict, plan for, and mitigate the impacts on ocean
and coastal ecosystems from global warming, relative sea
level rise and ocean acidification; and
(B) ensure the recovery, resiliency, and health of ocean
and coastal ecosystems.
(2) Consultation and comment.--Before and during the
development of the national strategy, the Secretary shall--
(A) consult with the Secretary of the Interior, the
Administrator of the Environmental Protection Agency, the
Regional Fishery Management Councils, coastal States, Indian
tribes, local governments, conservation organizations,
scientists, and other interested stakeholders; and
(B) provide opportunities for public notice and comment.
(b) Contents.--
(1) In general.--The Secretary shall include in the
national strategy prioritized goals and measures to--
(A) incorporate climate change adaptation strategies into
the planning and management of ocean and coastal programs and
resources administered by the Department of Commerce;
(B) support restoration, protection, and enhancement of
natural processes that minimize the impacts of relative sea
level rise, global warming, and ocean acidification;
(C) minimize the impacts of global warming and ocean
acidification on marine species and their habitats;
(D) identify, protect, and restore ocean and coastal
habitats needed to build healthy and resilient ecosystems;
(E) support the development of climate change resiliency
plans under the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
(F) provide technical assistance and training to other
Federal agencies, States, local communities, universities,
and other stakeholders; and
(G) identify additional research that is needed to better
anticipate and plan for the impacts of global warming and
ocean acidification on ocean and coastal resources.
(2) Coordination with other plans.--In developing the
national strategy, the Secretary shall--
(A) take into consideration research and information
available in Federal, regional, and State management and
restoration plans and any other relevant reports and
information; and
(B) encourage and take into account State and regional
plans for protecting and restoring the health and resilience
of ocean and coastal ecosystems.
(c) Revision.--The Secretary shall revise the national
strategy not later than 5 years after its promulgation, and
not later than every 10 years thereafter, to reflect new
information on the impacts of global warming, relative sea
level rise, and acidification on ocean and coastal ecosystems
and their resources and advances in the development of
strategies for adapting to or mitigating for such impacts.
(d) Science Advisory Board.--
(1) Consultation.--The Secretary shall consult with the
National Oceanic and Atmospheric Administration's Science
Advisory Board in the development and implementation of the
strategy.
(2) Review information.--The Science Advisory Board shall
periodically--
(A) review new information on the impacts of global
warming, relative sea level rise, and acidification on ocean
and coastal ecosystems and their resources and advances in
the development of strategies for adapting to or mitigating
for such impacts; and
(B) provide that information to the Secretary.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to implement
this section. Amounts appropriated shall be used for the
exclusive purpose of carrying out the activities specified in
this section.
(f) Report to Congress.--Copies of the strategy and
implementation plan and any updates shall be provided to
Congress.
SEC. 7472. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.
(a) In General.--The Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.) is amended by adding at the end the
following:
``CLIMATE CHANGE RESILIENCY PLANNING
``Sec. 320. (a) In General.--The Secretary shall establish
consistent with the national policies set forth in section
303 a coastal climate change resiliency planning and response
program to--
``(1) provide assistance to coastal states to voluntarily
develop coastal climate change resiliency plans pursuant to
approved management programs approved under section 306, to
minimize contributions to climate change and to prepare for
and reduce the negative consequences that may result from
climate change in the coastal zone; and
``(2) provide financial and technical assistance and
training to enable coastal states to implement plans
developed pursuant to this section through coastal states'
enforceable policies.
``(b) Guidelines.--Within 180 days after the date of
enactment of this section, the Secretary, in consultation
with the coastal states, shall issue guidelines for the
implementation of the grant program established under
subsection (c).
``(c) Climate Change Resiliency Planning Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make a grant to any
coastal state for the purpose of developing climate change
resiliency plans pursuant to guidelines issued by the
Secretary under subsection (b).
``(2) Plan content.--A plan developed with a grant under
this section shall include the following:
``(A) Identification of public facilities and public
services, coastal resources of national significance, coastal
waters, energy facilities, or other water uses located in the
coastal zone that are likely to be impacted by climate
change.
``(B) Adaptive management strategies for land use to
respond or adapt to changing environmental conditions,
including strategies to protect biodiversity and establish
habitat buffer zones, migration corridors, and climate
refugia.
``(C) Requirements to initiate and maintain long-term
monitoring of environmental change to assess coastal zone
resiliency and to adjust when necessary adaptive management
strategies and new planning guidelines to attain the policies
under section 303.
``(3) State hazard mitigation plans.--Plans developed with
a grant under this section shall be consistent with State
hazard mitigation plans developed under State or Federal law.
``(4) Allocation.--Grants under this section shall be
available only to coastal states with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal states in a manner consistent
with regulations promulgated pursuant to section 306(c).
``(5) Priority.--In the awarding of grants under this
subsection the Secretary may give priority to any coastal
state that has received grant funding to develop program
changes pursuant to paragraphs (1), (2), (3), (5), (6), (7),
and (8) of section 309(a).
``(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal state consistent with
section 310 to ensure the timely development of plans
supported by grants awarded under this subsection.
``(7) Federal approval.--In order to be eligible for a
grant under subsection (d), a
[[Page 23070]]
coastal state must have its plan developed under this section
approved by the Secretary.
``(d) Coastal Resiliency Project Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make grants to any
coastal state that has a climate change resiliency plan
approved under subsection (c)(7), in order to support
projects that implement strategies contained within such
plans.
``(2) Program requirements.--The Secretary within 90 days
after approval of the first plan approved under subsection
(c)(7), shall publish in the Federal Register requirements
regarding applications, allocations, eligible activities, and
all terms and conditions for grants awarded under this
subsection. No less than 30 percent of the funds appropriated
in any fiscal year for grants under this subsection shall be
awarded through a merit-based competitive process.
``(3) Eligible activities.--The Secretary may award grants
to coastal states to implement projects in the coastal zone
to address stress factors in order to improve coastal climate
change resiliency, including the following:
``(A) Activities to address physical disturbances within
the coastal zone, especially activities related to public
facilities and public services, tourism, sedimentation, and
other factors negatively impacting coastal waters, and
fisheries-associated habitat destruction or alteration.
``(B) Monitoring, control, or eradication of disease
organisms and invasive species.
``(C) Activities to address the loss, degradation or
fragmentation of wildlife habitat through projects to
establish marine and terrestrial habitat buffers, wildlife
refugia or networks thereof, and preservation of migratory
wildlife corridors and other transition zones.
``(D) Implementation of projects to reduce, mitigate, or
otherwise address likely impacts caused by natural hazards in
the coastal zone, including sea level rise, coastal
inundation, coastal erosion and subsidence, severe weather
events such as cyclonic storms, tsunamis and other seismic
threats, and fluctuating Great Lakes water levels.
``(E) Provide technical training and assistance to local
coastal policy makers to increase awareness of science,
management, and technology information related to climate
change and adaptation strategies.''.
(b) Authorization of Appropriations.--Section 318(a) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is
further amended by adding at the end the following:
``(4) for grants under section 320(c) and (d), such sums as
are necessary.''.
(c) Intent of Congress.--Nothing in this section shall be
construed to require any coastal state to amend or modify its
approved management program pursuant to section 306(e) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455(e)), or
to extend the enforceable policies of a coastal state beyond
the coastal zone as identified in the coastal state's
approved management program.
SEC. 7473. ENHANCING CLIMATE CHANGE PREDICTIONS.
(a) Short Title.--This section may be cited as the
``National Integrated Coastal and Ocean Observation Act of
2007''.
(b) Purposes.--The purposes of this section are the
following:
(1) Establish a National Integrated Coastal and Ocean
Observation System comprised of Federal and non-Federal
components, coordinated at the national level by the National
Ocean Research Leadership Council and at the regional level
by a network of Regional Information Coordination Entities,
that includes in situ, remote, and other coastal and ocean
observations, technologies, and data management and
communication systems, to gather specific coastal and ocean
data variables and to ensure the timely dissemination and
availability of usable observation data--
(A) to support national defense, marine commerce, energy
production, scientific research, ecosystem-based marine and
coastal resource management, weather and marine forecasting,
public safety and public outreach training and education; and
(B) to promote greater public awareness and stewardship of
the Nation's ocean, coastal, and Great Lakes resources and
the general public welfare.
(2) Improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to weather and climate change, natural climate variability,
and interactions between the oceanic and atmospheric
environments, including the Great Lakes.
(3) Authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
weather and climate, ocean atmosphere dynamics, global
climate change, and physical, chemical, and biological
dynamics of the ocean and coastal and Great Lakes
environments.
(c) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National Ocean
Research Leadership Council referred to in section 7902 of
title 10, United States Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Federal assets.--The term ``Federal assets'' means all
relevant nonclassified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) Interagency working group.--The term ``Interagency
Working Group'' means the Interagency Working Group on Ocean
Observations as established by the U.S. Ocean Policy
Committee Subcommittee on Ocean Science and Technology
pursuant to Executive Order 13366 signed December 17, 2004.
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observations,
technologies, related basic and applied technology research
and development, and public education and outreach programs
that are integrated into the System and are managed through
States, regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``Regional Information
Coordination Entity'', subject to subparagraphs (B) and (C),
means an organizational body that is certified or established
by the lead Federal agency designated in subsection
(d)(3)(C)(iii) and coordinating State, Federal, local, and
private interests at a regional level with the responsibility
of engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Included associations.--Such term includes Regional
Associations as described by the System Plan.
(C) Limitation.--Nothing in this section shall be construed
to invalidate existing certifications, contracts, or
agreements between Regional Associations and other elements
of the System.
(7) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under subsection (d).
(8) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean.US publication #9,
The First Integrated Ocean Observing System (IOOS)
Development Plan''.
(d) National Integrated Coastal and Ocean Observing
System.--
(1) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
subsection (b) and the System plan and to fulfill the
Nation's international obligations to contribute to the
global earth observation system of systems and the global
ocean observing system.
(2) Support of purposes.--The head of each agency that is a
member of the Interagency Working Group shall support the
purposes of this section.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset and
that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over
a Federal asset may take appropriate actions to enhance
internal agency administration and management to better
support, integrate, finance, and utilize observation data,
products, and services developed under this section to
further its own agency mission and responsibilities.
(5) Participation in regional information coordination
entity.--The head of each Federal agency that has
administrative jurisdiction over a Federal asset may
participate in regional information coordination entity
activities.
(6) Non-federal assets.--Non-Federal assets shall be
coordinated by the Interagency Working Group or by Regional
Information Coordination Entities.
(e) Policy Oversight, Administration, and Regional
Coordination.--
(1) National ocean research leadership council.--The
National Ocean Research Leadership Council shall be
responsible for establishing broad coordination and long-term
operations plans, policies, protocols, and standards for the
System consistent with the policies, goals, and objectives
contained in the System Plan, and coordination of the System
with other earth observing activities.
(2) Interagency working group.--The Interagency Working
Group shall, with respect to the System, be responsible for--
(A) implementation of operations plans and policies
developed by the Council;
(B) development of and transmittal to Congress at the time
of submission of the President's annual budget request an
annual coordinated, comprehensive System budget;
[[Page 23071]]
(C) identification of gaps in observation coverage or needs
for capital improvements of both Federal assets and non-
Federal assets;
(D) establishment of data management and communication
protocols and standards;
(E) establishment of required observation data variables;
(F) development of certification standards for all non-
Federal assets or Regional Information Coordination Entities
to be eligible for integration into the System;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System Advisory Committee
established under paragraph (5), a competitive matching grant
or other program to promote research and development of
innovative observation technologies including testing and
field trials; and
(H) periodically review and recommend to the Council
revisions to the System Plan.
(3) Lead federal agency.--The Administrator shall function
as the lead Federal agency for the System. The Administrator
may establish an Interagency Program Coordinating Office to
facilitate the Administrator's responsibilities as the lead
Federal agency for System oversight and management. The
Administrator shall--
(A) implement policies, protocols, and standards
established by the Council and delegated by the Interagency
Working Group;
(B) promulgate regulations to integrate the participation
of non-Federal assets into the System and enter into and
oversee contracts and agreements with Regional Information
Coordination Entities to effect this purpose;
(C) implement a competitive funding process for the purpose
of assigning contracts and agreements to Regional Information
Coordination Entities;
(D) certify or establish Regional Information Coordination
Entities to coordinate State, Federal, local, and private
interests at a regional level with the responsibility of
engaging private and public sectors in designing, operating,
and improving regional coastal and ocean observing systems in
order to ensure the provision of data and information that
meet the needs of user groups from the respective regions;
(E) formulate a process by which gaps in observation
coverage or needs for capital improvements of Federal assets
and non-Federal assets of the System can be identified by the
Regional Information Coordination Entities, the
Administrator, or other members of the System and transmitted
to the Interagency Working Group;
(F) be responsible for the coordination, storage,
management, and dissemination of observation data gathered
through the System to all end-user communities;
(G) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment; and
(H) report annually to the Council through the Interagency
Working Group on the accomplishments, operational needs, and
performance of the System to achieve the purposes of this
title and the System Plan.
(4) Regional information coordination entity.--To be
certified or established under paragraph (3)(D), a Regional
Information Coordination Entity must be certified or
established by contract or agreement by the Administrator,
and must agree to--
(A) gather required System observation data and other
requirements specified under this section and the System
plan;
(B) identify gaps in observation coverage or needs for
capital improvements of Federal assets and non-Federal assets
of the System, and transmit such information to the
Interagency Working Group via the Administrator;
(C) demonstrate an organizational structure and strategic
operational plan to ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System;
(D) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits; and
(E) demonstrate a capability to work with other
governmental and nongovernmental entities at all levels to
identify and provide information products of the System for
multiple users within the service area of the Regional
Information Coordination Entities and otherwise.
(5) System advisory committee.--
(A) In general.--The Administrator shall establish a System
Advisory Committee, which shall provide advice as may be
requested by the Administrator or the Interagency Working
Group.
(B) Purpose.--The purpose of the System Advisory Committee
is to advise the Administrator and the Interagency Working
Group on--
(i) administration, operation, management, and maintenance
of the System, including integration of Federal and non-
Federal assets and data management and communication aspects
of the System, and fulfillment of the purposes specified
under subsection (b);
(ii) expansion and periodic modernization and upgrade of
technology components of the System;
(iii) identification of end-user communities, their needs
for information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(iv) any other purpose identified by the Administrator or
the Interagency Working Group.
(C) Members.--
(i) In general.--The System Advisory Committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use
of data products provided through the System.
(ii) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be
for the remainder of the unexpired term of the vacancy, and
an individual so appointed may subsequently be appointed for
2 full 3-year terms if the remainder of the unexpired term is
less than one year.
(iii) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System Advisory
Committee.
(iv) Appointment.--Members of the System Advisory Committee
shall be appointed as special Government employees for
purposes of section 202(a) of title 18, United States Code.
(D) Administrative provisions.--
(i) Reporting.--The System Advisory Committee shall report
to the Administrator and the Interagency Working Group, as
appropriate.
(ii) Administrative support.--The Administrator shall
provide administrative support to the System Advisory
Committee.
(iii) Meetings.--The System Advisory Committee shall meet
at least once each year, and at other times at the call of
the Administrator, the Interagency Working Group, or the
chairperson.
(iv) Compensation and expenses.--Members of the System
Advisory Committee shall not be compensated for service on
that Committee, but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(v) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
Advisory Committee.
(6) Civil liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
Regional Information Coordination Entity that is certified
under paragraph (3)(D) and that is participating in the
System shall be considered to be part of the National Oceanic
and Atmospheric Administration. Any employee of such a non-
Federal asset or Regional Information Coordination Entity,
while operating within the scope of his or her employment in
carrying out the purposes of this section, with respect to
tort liability, is deemed to be an employee of the Federal
Government.
(f) Interagency Financing, Grants, Contracts, and
Agreements.--
(1) In general.--The member departments and agencies of the
Council, subject to the availability of appropriations, may
participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any
member agency for the purposes of carrying out any
administrative or programmatic project or activity to further
the purposes of this section, including support for the
Interagency Working Group, the Interagency Coordinating
Program Office, a common infrastructure, and integration to
expand or otherwise enhance the System.
(2) Joint centers and agreements.--Member Departments and
agencies of the Council shall have the authority to create,
support, and maintain joint centers, and to enter into and
perform such contracts, leases, grants, and cooperative
agreements as may be necessary to carry out the purposes of
this section and fulfillment of the System Plan.
(g) Application With Other Laws.--Nothing in this section
supersedes or limits the authority of any agency to carry out
its responsibilities and missions under other laws.
(h) Report to Congress.--
(1) In general.--Not later than two years after the date of
enactment of this section, the Administrator through the
Council shall submit to Congress a report that describes the
status of the System and progress made to achieve the
purposes of this section and the goals identified under the
System Plan.
(2) Contents.--The report shall include discussion of the
following:
(A) Identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of
required observation data variables necessary to meet the
respective missions of Council agencies.
(B) A review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the
observation capabilities and data products provided by
[[Page 23072]]
the System, including data management and communication
subsystems.
(C) An assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of
Regional Information Coordination Entities to coordinate
regional observation operations.
(D) An evaluation of progress made by the Council to
achieve the purposes of this section and the goals identified
under the System Plan.
(E) Recommendations for operational improvements to enhance
the efficiency, accuracy, and overall capability of the
System.
(3) Biennial update.--Two years after the transmittal of
the initial report prepared pursuant to this subsection and
biennially thereafter, the Administrator, through the
Council, shall submit to Congress an update of the initial
report.
(i) Public-Private Use Policy.--The Council shall develop a
policy within 6 months after the date of the enactment of
this section that defines processes for making decisions
about the roles of the Federal Government, the States,
Regional Information Coordination Entities, the academic
community, and the private sector in providing to end-user
communities environmental information, products,
technologies, and services related to the System. The Council
shall publish the policy in the Federal Register for public
comment for a period not less than 60 days. Nothing in this
subsection shall be construed to require changes in policy in
effect on the date of the enactment of this Act.
(j) Independent Cost Estimate.--The Interagency Working
Group, through the Administrator and the Director of the
National Science Foundation, shall obtain within one year
after the date of the enactment of this section an
independent cost estimate for operations and maintenance of
existing Federal assets of the System, and planned or
anticipated acquisition, operation, and maintenance of new
Federal assets for the System, including operation
facilities, observation equipment, modeling and software,
data management and communication, and other essential
components. The independent cost estimate shall be
transmitted unabridged and without revision by the
Administrator to Congress.
(k) Intent of Congress.--It is the intent of Congress that
funding provided to agencies of the Council to implement this
section shall supplement, and not replace, existing sources
of funding for other programs. It is the further intent of
Congress that agencies of the Council shall not enter into
contracts or agreements for the development or procurement of
new Federal assets for the System that are estimated to be in
excess of $250,000,000 in life-cycle costs without first
providing adequate notice to Congress and opportunity for
review and comment.
Subtitle E--Royalties Under Offshore Oil and Gas Leases
SEC. 7501. SHORT TITLE.
This subtitle may be cited as the ``Royalty Relief for
American Consumers Act of 2007''.
SEC. 7502. PRICE THRESHOLDS FOR ROYALTY SUSPENSION
PROVISIONS.
The Secretary of the Interior shall agree to a request by
any lessee to amend any lease issued for any Central and
Western Gulf of Mexico tract during the period of January 1,
1998, through December 31, 1999, to incorporate price
thresholds applicable to royalty suspension provisions, that
are equal to or less than the price thresholds described in
clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any
amended lease shall impose the new or revised price
thresholds effective October 1, 2006. Existing lease
provisions shall prevail through September 30, 2006.
SEC. 7503. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE
THRESHOLDS FOR CERTAIN LEASE SALES.
Congress reaffirms the authority of the Secretary of the
Interior under section 8(a)(1)(H) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, based on
the price of production from a lease, the suspension of
royalties under any lease subject to section 304 of the Outer
Continental Shelf Deep Water Royalty Relief Act (Public Law
104-58; 43 U.S.C. 1337 note).
SEC. 7504. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF
LEASES; CONSERVATION OF RESOURCES FEES.
(a) Issuance of New Leases.--
(1) In general.--The Secretary shall not issue any new
lease that authorizes the production of oil or natural gas in
the Gulf of Mexico under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) to a person described in
paragraph (2) unless--
(A) the person has renegotiated each covered lease with
respect to which the person is a lessee, to modify the
payment responsibilities of the person to include price
thresholds that are equal to or less than the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a)(3)(C)); or
(B) the person has--
(i) paid all fees established by the Secretary under
subsection (b) that are due with respect to each covered
lease for which the person is a lessee; or
(ii) entered into an agreement with the Secretary under
which the person is obligated to pay such fees.
(2) Persons described.--A person referred to in paragraph
(1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date on which the
Secretary considers the issuance of the new lease; or
(ii) was issued a covered lease before the date of
enactment of this Act, but transferred the covered lease to
another person or entity (including a subsidiary or affiliate
of the lessee) after the date of enactment of this Act; or
(B) any other person or entity who has any direct or
indirect interest in, or who derives any benefit from, a
covered lease;
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph (1), if there
are multiple lessees that own a share of a covered lease, the
Secretary may implement separate agreements with any lessee
with a share of the covered lease that modifies the payment
responsibilities with respect to the share of the lessee to
include price thresholds that are equal to or less than the
price thresholds described in clauses (v) through (vii) of
section 8(a)(3)(C) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(a)(3)(C)).
(B) Treatment of share as covered lease.--Beginning on the
effective date of an agreement under subparagraph (A), any
share subject to the agreement shall not constitute a covered
lease with respect to any lessees that entered into the
agreement.
(b) Conservation of Resources Fees.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior by
regulation shall establish--
(A) a conservation of resources fee for producing Federal
oil and gas leases in the Gulf of Mexico; and
(B) a conservation of resources fee for nonproducing
Federal oil and gas leases in the Gulf of Mexico.
(2) Producing lease fee terms.--The fee under paragraph
(1)(A)--
(A) subject to subparagraph (C), shall apply to covered
leases that are producing leases;
(B) shall be set at $9 per barrel for oil and $1.25 per
million Btu for gas, respectively, in 2005 dollars; and
(C) shall apply only to production of oil or gas
occurring--
(i) in any calendar year in which the arithmetic average of
the daily closing prices for light sweet crude oil on the New
York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel
for oil and $4.34 per million Btu for gas in 2005 dollars;
and
(ii) on or after October 1, 2006.
(3) Nonproducing lease fee terms.--The fee under paragraph
(1)(B)--
(A) subject to subparagraph (C), shall apply to leases that
are nonproducing leases;
(B) shall be set at $3.75 per acre per year in 2005
dollars; and
(C) shall apply on and after October 1, 2006.
(4) Treatment of receipts.--Amounts received by the United
States as fees under this subsection shall be treated as
offsetting receipts.
(c) Transfers.--A lessee or any other person who has any
direct or indirect interest in, or who derives a benefit
from, a lease shall not be eligible to obtain by sale or
other transfer (including through a swap, spinoff, servicing,
or other agreement) any covered lease, the economic benefit
of any covered lease, or any other lease for the production
of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
unless--
(1) the lessee or other person has--
(A) renegotiated all covered leases of the lessee or other
person; and
(B) entered into an agreement with the Secretary to modify
the terms of all covered leases of the lessee or other person
to include limitations on royalty relief based on market
prices that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C)
of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)); or
(2) the lessee or other person has--
(A) paid all fees established by the Secretary under
subsection (b) that are due with respect to each covered
lease for which the person is a lessee; or
(B) entered into an agreement with the Secretary under
which the person is obligated to pay such fees.
(d) Definitions.--In this section--
(1) Covered lease.--The term ``covered lease'' means a
lease for oil or gas production in the Gulf of Mexico that
is--
(A) in existence on the date of enactment of this Act;
(B) issued by the Department of the Interior under section
304 of the Outer Continental Shelf Deep Water Royalty Relief
Act (43 U.S.C. 1337 note; Public Law 104-58); and
(C) not subject to limitations on royalty relief based on
market price that are equal to or less than the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person or
other entity that controls, is controlled by, or is in or
under common control with, a lessee.
[[Page 23073]]
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 7505. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY
RELIEF FOR THE OIL AND GAS INDUSTRY.
(a) Repeal of Provisions of Energy Policy Act of 2005.--The
following provisions of the Energy Policy Act of 2005 (Public
Law 109-58) are repealed:
(1) Section 344 (42 U.S.C. 15904; relating to incentives
for natural gas production from deep wells in shallow waters
of the Gulf of Mexico).
(2) Section 345 (42 U.S.C. 15905; relating to royalty
relief for deep water production in the Gulf of Mexico).
(b) Provisions Relating to Planning Areas Offshore
Alaska.--Section 8(a)(3)(B) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking
``and in the Planning Areas offshore Alaska'' after ``West
longitude''.
(c) Provisions Relating to Naval Petroleum Reserve in
Alaska.--Section 107 of the Naval Petroleum Reserves
Production Act of 1976 (as transferred, redesignated, moved,
and amended by section 347 of the Energy Policy Act of 2005
(119 Stat. 704)) is amended--
(1) in subsection (i) by striking paragraphs (2) through
(6); and
(2) by striking subsection (k).
Subtitle F--Additional Provisions
SEC. 7601. OIL SHALE COMMUNITY IMPACT ASSISTANCE.
(a) Establishment of Fund.--There is established on the
books of the Treasury of the United States a separate account
to be known as the Oil Shale Community Impact Assistance Fund
(hereinafter in this section referred to as the ``Fund'').
The Fund shall be administered by the Secretary of the
Interior acting through the Director of the Bureau of Land
Management.
(b) Contents.--
(1) In general.--There shall be credited to the Fund--
(A) all amounts paid to the United States as bonus bids in
connection with the award of commercial oil shale leases
pursuant to section 369(e) of the Energy Policy Act of 2005
(42 U.S.C. 15927(e)); and
(B) an amount equal to 25 percent of the portion of the
other amounts deposited into the Treasury pursuant to section
35(a) of the Mineral Leasing Act (30 U.S.C. 191) with respect
to such leases, that remains after deduction of all payments
made pursuant to of such section.
(2) Termination of crediting of royalties.--Paragraph
(1)(B) shall not apply to royalties received by the United
States under a commercial oil shale lease after the end of
the 10-year period beginning on the date on which the first
amount of royalty under such lease is paid to the United
States.
(c) Distribution.--
(1) In general.--The Secretary, subject to the availability
of appropriations, shall use amounts in the Fund to annually
pay to each county in which is located land subject to a
commercial oil shale lease referred to in subsection (b)(1)
an amount equal to the amount credited to the Fund during the
preceding year pursuant to section (b) with respect to such
lease. If such land is located in more than one county, the
Secretary shall allocate such payment among such counties on
the basis of the relative amount of lands subject to the
lease within each such county.
(2) Use of payment.--Amounts paid to a county under this
subsection shall be used by the county for the planning,
construction, and maintenance of public facilities and the
provision of public services.
SEC. 7602. ADDITIONAL NOTICE REQUIREMENTS.
(a) Permittees.--At least 45 days before offering lands for
lease pursuant to section 17(f) of the Mineral Leasing Act
(30 U.S.C. 226(f)), the Secretary of the Interior shall
provide notice of the proposed leasing activity in writing to
the holders of special recreation permits for commercial use,
competitive events, and other organized activities on the
lands being offered for lease.
(b) Conservation Easement Holders.--
(1) If the holder of a conservation easement or similar
property interest in the surface estate of lands eligible for
leasing under the Mineral Leasing Act has informed the
Secretary of the Interior of the existence of such property
interest, the Secretary shall treat such holder as a surface
estate owner for purposes of section 7221(d) of this title.
(2) As soon as possible after the date of enactment of this
Act, the Secretary of the Interior shall establish a means
for holders of property interests described in paragraph (1)
to provide notice of such interests, and shall inform the
public regarding such means.
SEC. 7603. DAVIS-BACON ACT.
All laborers and mechanics employed by contractors and
subcontractors on construction, repair, or alteration
projects that are funded in whole or in part or otherwise
authorized under sections 7304 or 7306 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. The Secretary of Labor shall, with
respect to the labor standards in this title, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 7604. ROAN PLATEAU, COLORADO.
(a) Leases for Top of Plateau.--
(1) Prohibition.--The Secretary of the Interior shall
include in each lease under the Mineral Leasing Act (30
U.S.C. 181 et seq.) for lands to which this subsection
applies a prohibition of surface occupancy for purposes of
exploration for or development of oil or gas.
(2) Application.--This subsection applies to all Federal
lands in Colorado that were formerly designated as Naval Oil
Shale Reserves 1 and 3 that are located within the rim
boundary, as such boundary is depicted on Map 1 accompanying
the Bureau of Land Management's final Resource Management
Plan Amendment and Environmental Impact Statement for the
Roan Plateau Planning Area dated August, 2006.
(b) Report on Cleanup Status.--No later than 30 days after
the date of enactment of this Act--
(1) the Secretary of the Treasury shall provide to the
appropriate Committees of Congress a report detailing the
total amounts received by the United States under leases of
Federal lands in Colorado formerly designated as Naval Oil
Shale Reserves 1 and 3 pursuant to section 7439 of title 10,
United States Code, and covered into the Treasury pursuant to
subsection (f) of such section; and
(2) the Secretary of the Interior shall provide to the
appropriate committees of Congress a report--
(A) detailing the amounts expended by the United States for
environmental restoration, waste management, and
environmental compliance activities with respect to the lands
described in paragraph (1), to repay the cost to the United
States to originally install wells, gathering lines, and
related equipment on such lands, and any other cost incurred
by the United States with respect to such lands; and
(B) stating what further actions are required to complete
the needed environmental restoration, waste management, and
environmental compliance activities with regard to such
lands, the estimated cost of such activities, and when the
Secretary expects such activities will be completed.
TITLE VIII--TRANSPORTATION AND INFRASTRUCTURE
SEC. 8001. SHORT TITLE.
This title may be cited as the ``Transportation Energy
Security and Climate Change Mitigation Act of 2007''.
SEC. 8002. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Evidence that atmospheric warming and climate change
are occurring is unequivocal.
(2) Observed and anticipated impacts of climate change can
result in economic harm and environmental damage to the
United States and the world.
(3) The Nation's water resources, ecosystems, and
infrastructure will be under increasing stress and pressure
in coming decades, particularly due to climate change.
(4) Greenhouse gases, such as carbon dioxide, methane, and
nitrous oxides, can lead to atmospheric warming and climate
change.
(5) Transportation and buildings are among the leading
sources of greenhouse gas emissions.
(6) Increased reliance on energy efficient and renewable
energy transportation and public buildings can strengthen our
Nation's energy security and mitigate the effects of climate
change by cutting greenhouse gas emissions.
(7) The Federal Government can strengthen our Nation's
energy security and mitigate the effects of climate change by
promoting energy efficient transportation and public
buildings, creating incentives for the use of alternative
fuel vehicles and renewable energy, and ensuring sound water
resource and natural disaster preparedness planning.
(b) Purposes.--The purposes of this title are to strengthen
our Nation's energy security and mitigate the effects of
climate change by promoting energy efficient transportation
and public buildings, creating incentives for the use of
alternative fuel vehicles and renewable energy, and ensuring
sound water resource and natural disaster preparedness
planning.
Subtitle A--Department of Transportation
SEC. 8101. CENTER FOR 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 adding after subsection (f) the following:
``(g) Center for Climate Change and Environment.--
``(1) Establishment.--There is established in the
Department a Center for 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 action to
address the impacts of climate change on transportation
systems and infrastructure.
``(2) Clearinghouse.--The Center shall establish a
clearinghouse of low-cost solutions,
[[Page 23074]]
including projects that are being or could be implemented
under the congestion mitigation and air quality improvement
program of section 149 of title 23, to reduce congestion and
transportation-related energy use and air pollution and
mitigate the effects of climate change.''.
(b) Coordination.--The Center for Climate Change and
Environment of the Department of Transportation shall
coordinate its activities with the United States Global
Change Research Program.
(c) Low-Cost Congestion Solutions.--
(1) Study.--The Center for Climate Change and Environment,
in coordination with the Environmental Protection Agency,
shall conduct a study to examine fuel efficiency savings and
clean air impacts of major transportation projects, to
identify low-cost solutions to reduce congestion and
transportation-related energy use and mitigate the effects of
climate change, and to alleviate such problems as railroad
pricing that may force freight off the more fuel efficient
railroads and onto less fuel efficient trucks.
(2) Report.--Not later than one year after the date of
enactment of this title, 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 a report on low-
cost solutions to reducing congestion and transportation-
related energy use and mitigating the effects of climate
change.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for the Center to carry
out its duties under section 102(g) of title 49, United
States Code, such sums as may be necessary for fiscal years
2008 through 2011.
Subtitle B--Highways and Transit
PART 1--PUBLIC TRANSPORTATION
SEC. 8201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.
(a) Authorizations of Appropriations.--
(1) Urbanized area formula grants.--In addition to amounts
allocated under section 5338(b)(2)(B) of title 49, United
States Code, to carry out section 5307 of such title, there
is authorized to be appropriated $750,000,000 for each of
fiscal years 2008 and 2009 to carry out such section 5307.
Such funds shall be apportioned in accordance with section
5336 (other than subsections (i)(1) and (j)) of such title
but may not be combined or commingled with any other funds
apportioned under such section 5336.
(2) Formula grants for other than urbanized areas.--In
addition to amounts allocated under section 5338(b)(2)(G) of
title 49, United States Code, to carry out section 5311 of
such title, there is authorized to be appropriated
$100,000,000 for each of fiscal years 2008 and 2009 to carry
out such section 5311. Such funds shall be apportioned in
accordance with such section 5311 but may not be combined or
commingled with any other funds apportioned under such
section 5311.
(b) Use of Funds.--Notwithstanding sections 5307 and 5311
of title 49, United States Code, the Secretary of
Transportation may make grants under such sections from
amounts appropriated under subsection (a) only for one or
more of the following:
(1) If the recipient of the grant is reducing, or certifies
to the Secretary that, during the term of the grant, the
recipient will reduce one or more fares the recipient charges
for public transportation, or in the case of subsection (f)
of such section 5311, intercity bus service, those operating
costs of equipment and facilities being used to provide the
public transportation, or in the case of subsection (f) of
such section 5311, intercity bus service, that the recipient
is no longer able to pay from the revenues derived from such
fare or fares as a result of such reduction.
(2) If the recipient of the grant is expanding, or
certifies to the Secretary that, during the term of the
grant, the recipient will expand public transportation
service, or in the case of subsection (f) of such section
5311, intercity bus service, those operating and capital
costs of equipment and facilities being used to provide the
public transportation service, or in the case of subsection
(f) of such section 5311, intercity bus service, that the
recipient incurs as a result of the expansion of such
service.
(c) Federal Share.--Notwithstanding any other provision of
law, the Federal share of the costs for which a grant is made
under this section shall be 100 percent.
(d) Period of Availability.--Funds appropriated under this
section shall remain available for a period of 2 fiscal
years.
SEC. 8202. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT
COMPLIANCE.
Notwithstanding section 5323(i)(1) of title 49, United
States Code, a grant for a project to be assisted under
chapter 53 of such title during fiscal years 2008 and 2009
that involves acquiring clean fuel or alternative fuel
vehicle-related equipment or facilities for the purposes of
complying with or maintaining compliance with the Clean Air
Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the
net project cost of the equipment or facility attributable to
compliance with that Act.
SEC. 8203. COMMUTER RAIL TRANSIT ENHANCEMENT.
(a) Amendment.--Part E of subtitle V of title 49, United
States Code, is amended by adding at the end the following:
``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT
``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use
requests.
``28503. Surface Transportation Board mediation of rights-of-way use
requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as
a capital item rather than an expense;
``(3) the term `fixed guideway transportation' means public
transportation (as defined in section 5302(a)(10)) provided
on, by, or using a fixed guideway (as defined in section
5302(a)(4));
``(4) the term `public transportation authority' means a
local governmental authority (as defined in section
5302(a)(6)) established to provide, or make a contract
providing for, fixed guideway transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction
of the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad
right-of-way of a rail carrier but physically separate from
trackage, including relocated trackage, within the right-of-
way used by a rail carrier for freight transportation
purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of
trackage use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to use trackage of, and have related services
provided by, the rail carrier for purposes of fixed guideway
transportation, the public transportation authority or the
rail carrier may apply to the Board for nonbinding mediation.
The Board shall conduct the nonbinding mediation in
accordance with the mediation process of section 1109.4 of
title 49, Code of Federal Regulations, as in effect on the
date of enactment of this section.
``Sec. 28503. Surface Transportation Board mediation of
rights-of-way use requests
``If, after a reasonable period of negotiation, a public
transportation authority cannot reach agreement with a rail
carrier to acquire an interest in a railroad right-of-way for
the construction and operation of a segregated fixed guideway
facility, the public transportation authority or the rail
carrier may apply to the Board for nonbinding mediation. The
Board shall conduct the nonbinding mediation in accordance
with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of
enactment of this section.
``Sec. 28504. Applicability of other laws
``Nothing in this chapter shall be construed to limit a
rail transportation provider's right under section 28103(b)
to enter into contracts that allocate financial
responsibility for claims.
``Sec. 28505. Rules and regulations
``Not later than 180 days after the date of enactment of
this section, the Board shall issue such rules and
regulations as may be necessary to carry out this chapter.''.
(b) Clerical Amendment.--The table of chapters of such
subtitle is amended by adding after the item relating to
chapter 283 the following:
``285. COMMUTER RAIL TRANSIT ENHANCEMENT...................28501''.....
PART 2--FEDERAL-AID HIGHWAYS
SEC. 8251. 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 100 percent of the cost thereof.''.
SEC. 8252. 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 after such date of enactment
shall
[[Page 23075]]
be distributed 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) 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. 8253. 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 employ 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.
Subtitle C--Railroad and Pipeline Transportation
PART 1--RAILROADS
SEC. 8301. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT
PROGRAM.
(a) In General.--The Secretary of Transportation, in
coordination 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 locomotives,
including hybrid switch 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, State, or local
law.
(c) Grant Criteria.--In selecting applicants for grants
under this section, the Secretary 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 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 an application for the grant
under this section containing such information as the
Secretary may require to receive a grant under this section.
(2) Competitive selection.--The Secretary 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 90 percent of the
project cost.
(f) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary 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 $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. 8302. CAPITAL GRANTS FOR RAILROAD TRACK.
(a) Amendment.--Chapter 223 of title 49, United States
Code, is amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK
``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
``(a) Establishment of Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program of capital grants for the rehabilitation,
preservation, or improvement of railroad track (including
roadbed, bridges, and related track structures) of class II
and class III railroads. Such grants shall be for
rehabilitating, preserving, or improving track used primarily
for freight transportation to a standard ensuring that the
track can be operated safely and efficiently, including
grants for rehabilitating, preserving, or improving track to
handle 286,000 pound railcars. 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.
``(2) 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.
``(3) Interim regulations.--Not later than December 31,
2007, the Secretary shall issue temporary regulations to
implement the program under this section. Subchapter II of
chapter 5 of title 5 does not apply to a temporary regulation
issued under this paragraph or to an amendment to such a
temporary regulation.
``(4) Final 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) Project Eligibility.--For a project to be eligible
for assistance under this section the track must have been
operated or owned by a class II or class III railroad as of
the date of the enactment of this chapter.
``(d) 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.
``(e) 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.
``(f) 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.
``(g) Study.--The Secretary shall conduct a study of the
projects carried out with grant assistance under this section
to determine the public interest benefits associated with the
light density railroad networks in the States and their
contribution to a multimodal transportation system. Not later
than March 31, 2009, the Secretary shall report to Congress
any recommendations the Secretary considers appropriate
regarding the eligibility of light density rail networks for
Federal infrastructure financing.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Transportation
$250,000,000 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 RAILROAD TRACK...................22301''.....
PART 2--PIPELINES
SEC. 8311. FEASIBILITY STUDIES.
(a) In General.--The Secretary of Energy, in coordination
with the Secretary of Transportation, shall conduct
feasibility studies for the construction of pipeline
dedicated to the transportation of ethanol.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy 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 such
feasibility studies.
(c) Study Factors.--Feasibility studies funded under this
part shall include consideration of--
(1) existing or potential barriers to the construction of
pipelines dedicated to the
[[Page 23076]]
transportation of ethanol, including technical, siting,
financing, and regulatory barriers;
(2) market risk, including throughput risk;
(3) regulatory, financing, and siting options that would
mitigate such risk and help ensure the construction of
pipelines dedicated to the transportation of ethanol;
(4) ensuring the safe transportation of ethanol and
preventive measures to ensure pipeline integrity; and
(5) such other factors as the Secretary of Energy considers
appropriate.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy to carry out
this section $1,000,000 for each of the fiscal years 2008 and
2009, to remain available until expended.
Subtitle D--Maritime Transportation
PART 1--GENERAL PROVISIONS
SEC. 8401. 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. Financing of short sea transportation projects.
``Sec. 55604. Interagency coordination.
``Sec. 55605. Research on short sea transportation.
``Sec. 55606. 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 of
Transportation 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. Financing of short sea transportation projects
``(a) Authority To Make Loan Guarantee.--The Secretary of
Transportation, subject to the availability of
appropriations, may make a loan guarantee for the financing
of the construction, reconstruction, or reconditioning of a
vessel that will be used for a short sea transportation
project designated under section 55601.
``(b) Terms and Conditions.--In making a loan guarantee
under this section, the Secretary shall use the authority,
terms, and conditions that apply to a loan guarantee made
under chapter 537.
``(c) General Limitations.--The total unpaid principal
amount of obligations guaranteed under this chapter and
outstanding at one time may not exceed $2,000,000,000.
``(d) Full Faith and Credit.--The full faith and credit of
the United States Government is pledged to the payment of a
guarantee made under this chapter, for both principal and
interest, including interest (as may be provided for in the
guarantee) accruing between the date of default under a
guaranteed obligation and the date of payment in full of the
guarantee.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated $25,000,000 to carry out this section for
each of fiscal years 2008 through 2011.
``Sec. 55604. 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. 55605. 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) identify and seek solutions to impediments to short
sea transportation projects designated under section 55601.
``Sec. 55606. 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 at
another port in the United States or 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 December 31, 2007,
the Secretary of Transportation shall issue temporary
regulations to implement the program under this section.
Subchapter II of chapter 5 of title 5, United States Code,
does not apply to a temporary regulation issued under this
paragraph or to an amendment to such a temporary regulation.
(2) Final regulations.--Not later than October 1, 2008, the
Secretary shall issue final regulations to implement the
program under this section.
SEC. 8402. 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 at
another port in the United States or 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
[[Page 23077]]
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. 8403. 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 8401. 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 considers appropriate.
PART 2--MARITIME POLLUTION
SEC. 8451. REFERENCES.
Wherever in this part an amendment or repeal is expressed
in terms of an amendment to or a repeal of a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901 et seq.).
SEC. 8452. DEFINITIONS.
Section 2(a) (33 U.S.C. 1901(a)) is amended--
(1) by redesignating paragraphs (1) through (12) as
paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency.'';
(3) in paragraph (5) (as so redesignated) by striking ``and
V'' and inserting ``V, and VI'';
(4) in paragraph (6) (as so redesignated) by striking
```discharge' and `garbage' and `harmful substance' and
`incident''' and inserting ```discharge', `emission',
`garbage', `harmful substance', and `incident'''; and
(5) by redesignating paragraphs (7) through (13) (as
redesignated) as paragraphs (8) through (14), respectively,
and inserting after paragraph (6) (as redesignated) the
following:
``(7) `navigable waters' includes the territorial sea of
the United States (as defined in Presidential Proclamation
5928 of December 27, 1988) and the internal waters of the
United States;''.
SEC. 8453. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) with respect to Annex VI to the Convention, and other
than with respect to a ship referred to in paragraph (1)--
``(A) to a ship that is in a port, shipyard, offshore
terminal, or the internal waters of the United States;
``(B) to a ship that is bound for, or departing from, a
port, shipyard, offshore terminal, or the internal waters of
the United States, and is in--
``(i) the navigable waters of the United States;
``(ii) an emission control area designated pursuant to
section 4; or
``(iii) any other area that the Administrator, in
consultation with the Secretary and each State that is
adjacent to any part of the proposed area, has designated by
order as being an area from which emissions from ships are of
concern with respect to protection of public health, welfare,
or the environment;
``(C) to a ship that is entitled to fly the flag of, or
operating under the authority of, a party to Annex VI, and is
in--
``(i) the navigable waters of the United States;
``(ii) an emission control area designated under section 4;
or
``(iii) any other area that the Administrator, in
consultation with the Secretary and each State that is
adjacent to any part of the proposed area, has designated by
order as being an area from which emissions from ships are of
concern with respect to protection of public health, welfare,
or the environment; and
``(D) to the extent consistent with international law, to
any other ship that is in--
``(i) the exclusive economic zone of the United States;
``(ii) the navigable waters of the United States;
``(iii) an emission control area designated under section
4; or
``(iv) any other area that the Administrator, in
consultation with the Secretary and each State in which any
part of the area is located, has designated by order as being
an area from which emissions from ships are of concern with
respect to protection of public health, welfare, or the
environment.'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) With respect to Annex VI the Administrator, or the
Secretary, as relevant to their authorities pursuant to this
Act, may determine that some or all of the requirements under
this Act shall apply to one or more classes of public
vessels, except that such a determination by the
Administrator shall have no effect unless the head of the
Department or agency under which the vessels operate concurs
in the determination. This paragraph does not apply during
time of war or during a declared national emergency.'';
(3) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(4) by inserting after subsection (b) the following:
``(c) Application to Other Persons.--This Act shall apply
to all persons to the extent necessary to ensure compliance
with Annex VI to the Convention.''; and
(5) in subsection (e), as redesignated--
(A) by inserting ``or the Administrator, consistent with
section 4 of this Act,'' after ``Secretary'';
(B) by striking ``of section (3)'' and inserting ``of this
section''; and
(C) by striking ``Protocol, including regulations
conforming to and giving effect to the requirements of Annex
V'' and inserting ``Protocol (or the applicable Annex),
including regulations conforming to and giving effect to the
requirements of Annex V and Annex VI''.
SEC. 8454. ADMINISTRATION AND ENFORCEMENT.
Section 4 (33 U.S.C. 1903) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) Duty of the Administrator.--In addition to other
duties specified in this Act, the Administrator and the
Secretary, respectively, shall have the following duties and
authorities:
``(1) The Administrator shall, and no other person may,
issue Engine International Air Pollution Prevention
certificates in accordance with Annex VI and the
International Maritime Organization's Technical Code on
Control of Emissions of Nitrogen Oxides from Marine Diesel
Engines, on behalf of the United States for a vessel of the
United States as that term is defined in section 116 of title
46, United States Code. The issuance of Engine International
Air Pollution Prevention certificates shall be consistent
with any applicable requirements of the Clean Air Act (42
U.S.C. 7401 et seq.) or regulations prescribed under that
Act.
``(2) The Administrator shall have authority to administer
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to
the Convention.
``(3) The Administrator shall, only as specified in section
8(f), have authority to enforce Annex VI of the
Convention.''; and
(3) in subsection (c), as redesignated--
(A) by redesignating paragraph (2) as paragraph (4);
(B) by inserting after paragraph (1) the following:
``(2) In addition to the authority the Secretary has to
prescribe regulations under this Act, the Administrator shall
also prescribe any necessary or desired regulations to carry
out the provisions of regulations 12, 13, 14, 15, 16, 17, 18,
and 19 of Annex VI to the Convention.
``(3) In prescribing any regulations under this section,
the Secretary and the Administrator shall consult with each
other, and with respect to regulation 19, with the Secretary
of the Interior.''; and
(C) by adding at the end the following:
``(5) No standard issued by any person or Federal
authority, with respect to emissions from tank vessels
subject to regulation 15 of Annex VI to the Convention, shall
be effective until 6 months after the required notification
to the International Maritime Organization by the
Secretary.''.
SEC. 8455. CERTIFICATES.
Section 5 (33 U.S.C. 1904) is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``Except as provided in section 4(b)(1), the
Secretary'';
(2) in subsection (b) by striking ``Secretary under the
authority of the MARPOL protocol.'' and inserting ``Secretary
or the Administrator under the authority of this Act.''; and
(3) in subsection (e) by striking ``environment.'' and
inserting ``environment or the public health and welfare.''.
SEC. 8456. RECEPTION FACILITIES.
Section 6 (33 U.S.C. 1905) is amended--
(1) in subsection (a) by adding at the end the following:
``(3) The Secretary and the Administrator, after consulting
with appropriate Federal agencies, shall jointly prescribe
regulations setting criteria for determining the adequacy of
reception facilities for receiving ozone depleting
substances, equipment containing such substances, and exhaust
gas cleaning residues at a port or terminal, and stating any
additional measures and requirements as are appropriate to
ensure such adequacy. Persons in charge of ports and
terminals shall provide reception facilities, or ensure that
reception facilities are available, in accordance with those
regulations. The Secretary and the Administrator may jointly
prescribe regulations to certify, and may issue certificates
to the effect, that a port's or terminal's facilities for
receiving ozone depleting substances, equipment containing
[[Page 23078]]
such substances, and exhaust gas cleaning residues from ships
are adequate.'';
(2) in subsection (b) by inserting ``or the Administrator''
after ``Secretary'';
(3) in subsection (e) by striking paragraph (2) and
inserting the following:
``(2) The Secretary may deny the entry of a ship to a port
or terminal required by the MARPOL Protocol, this Act, or
regulations prescribed under this section relating to the
provision of adequate reception facilities for garbage, ozone
depleting substances, equipment containing those substances,
or exhaust gas cleaning residues, if the port or terminal is
not in compliance with the MARPOL Protocol, this Act, or
those regulations.'';
(4) in subsection (f)(1) by striking ``Secretary is'' and
inserting ``Secretary and the Administrator are''; and
(5) in subsection (f)(2) by striking ``(A)''.
SEC. 8457. INSPECTIONS.
Section 8(f) (33 U.S.C. 1907(f)) is amended to read as
follows:
``(f)(1) The Secretary may inspect a ship to which this Act
applies as provided under section 3(a)(5), to verify whether
the ship is in compliance with Annex VI to the Convention and
this Act.
``(2) If an inspection under this subsection or any other
information indicates that a violation has occurred, the
Secretary, or the Administrator in a matter referred by the
Secretary, may undertake enforcement action under this
section.
``(3) Notwithstanding subsection (b) and paragraph (2) of
this subsection, the Administrator shall have all of the
authorities of the Secretary, as specified in subsection (b)
of this section, for the purposes of enforcing regulations 17
and 18 of Annex VI to the Convention to the extent that
shoreside violations are the subject of the action and in any
other matter referred to the Administrator by the
Secretary.''.
SEC. 8458. AMENDMENTS TO THE PROTOCOL.
Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting
``or the Administrator as provided for in this Act,'' after
``Secretary,''.
SEC. 8459. PENALTIES.
Section 9 (33 U.S.C. 1908) is amended--
(1) by striking ``Protocol,,'' each place it appears and
inserting ``Protocol,'';
(2) in subsection (b) by inserting ``, or the Administrator
as provided for in this Act'' after ``Secretary'' the first
place it appears;
(3) in subsection (b)(2), by inserting ``, or the
Administrator as provided for in this Act,'' after
``Secretary'';
(4) in the matter after paragraph (2) of subsection (b)--
(A) by inserting ``, or the Administrator as provided for
in this Act'' after ``Secretary'' the first place it appears;
and
(B) by inserting ``, or the Administrator as provided for
in this Act,'' after ``Secretary'' the second and third
places it appears;
(5) in subsection (c) by inserting ``, or the Administrator
as provided for in this Act,'' after ``Secretary'' each place
it appears; and
(6) in subsection (f) by inserting ``, or the Administrator
as provided for in this Act'' after ``Secretary'' the first
place appears.
SEC. 8460. EFFECT ON OTHER LAWS.
Section 15 (33 U.S.C. 1911) is amended to read as follows:
``SEC. 15. EFFECT ON OTHER LAWS.
``Authorities, requirements, and remedies of this Act
supplement and neither amend nor repeal any other
authorities, requirements, or remedies conferred by any other
provision of law. Nothing in this Act shall limit, deny,
amend, modify, or repeal any other authority, requirement, or
remedy available to the United States or any other person,
except as expressly provided in this Act.''.
Subtitle E--Aviation
SEC. 8501. ENVIRONMENTAL MITIGATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Transportation, in
coordination with the Administrator of the Environmental
Protection Agency, shall establish a pilot program to carry
out not more than 6 environmental mitigation demonstration
projects at public-use airports.
(b) Grants.--In implementing the program, the Secretary may
make a grant to the sponsor of a public-use airport from
funds apportioned under section 47117(e)(1)(A) of title 49,
United States Code, to carry out an environmental mitigation
demonstration project to measurably reduce or mitigate
aviation impacts on noise, air quality, or water quality in
the vicinity of the airport.
(c) Eligibility for Passenger Facility Fees.--An
environmental mitigation demonstration project that receives
funds made available under this section may be considered an
eligible airport-related project for purposes of section
40117 of such title.
(d) Selection Criteria.--In selecting among applicants for
participation in the program, the Secretary shall give
priority consideration to applicants proposing to carry out
environmental mitigation demonstration projects that will--
(1) achieve the greatest reductions in aircraft noise,
airport emissions, or airport water quality impacts either on
an absolute basis or on a per dollar of funds expended basis;
and
(2) be implemented by an eligible consortium.
(e) Federal Share.--Notwithstanding any provision of
subchapter I of chapter 471 of such title, the United States
Government share of allowable project costs of an
environmental mitigation demonstration project carried out
under this section shall be 50 percent.
(f) Maximum Amount.--The Secretary may not make grants for
a single environmental mitigation demonstration project under
this section in a total amount that exceeds $2,500,000.
(g) Publication of Information.--The Secretary may develop
and publish information on the results of environmental
mitigation demonstration projects carried out under this
section, including information identifying best practices for
reducing or mitigating aviation impacts on noise, air
quality, or water quality in the vicinity of airports.
(h) Definitions.--In this section, the following
definitions apply:
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium of 2 or more of the following entities:
(A) A business incorporated in the United States.
(B) A public or private educational or research
organization located in the United States.
(C) An entity of a State or local government.
(D) A Federal laboratory.
(2) Environmental mitigation demonstration project.--The
term ``environmental mitigation demonstration project'' means
a project that--
(A) demonstrates at a public-use airport environmental
mitigation techniques or technologies with associated
benefits, which have already been proven in laboratory
demonstrations;
(B) utilizes methods for efficient adaptation or
integration of innovative concepts to airport operations; and
(C) demonstrates whether a technique or technology for
environmental mitigation identified in research is--
(i) practical to implement at or near multiple public-use
airports; and
(ii) capable of reducing noise, airport emissions,
greenhouse gas emissions, or water quality impacts in
measurably significant amounts.
Subtitle F--Public Buildings
PART 1--GENERAL SERVICES ADMINISTRATION
SEC. 8601. 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 3315, 3316, and 3317, 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;
[[Page 23079]]
``(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); or
``(2) the Administrator has otherwise determined that the
fixture or bulb is energy efficient.
``(e) 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.).
``(f) 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. Maximum period for utility services contracts.
``3315. Delegation.
``3316. Report to Congress.
``3317. Certain authority not affected.''.
(d) Maximum Period for Utility Service Contracts.--Such
chapter is further amended by inserting after section 3313
(as inserted by subsection (c)(1) of this section) the
following:
``Sec. 3314. Maximum period for utility service contracts
``Notwithstanding section 501(b)(1)(B), the Administrator
of General Services may contract for public utility services
for a period of not more than 30 years if cost effective and
necessary to promote the use of energy efficient and
renewable energy systems, including photovoltaic systems.''.
(e) 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. 8602. 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''.
SEC. 8603. 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 of Energy 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.
(c) Obligation of Funds.--None of the funds made available
pursuant to subsection (b) may be obligated prior to
September 30, 2007.
PART 2--COAST GUARD
SEC. 8631. 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.
PART 3--ARCHITECT OF THE CAPITOL
SEC. 8651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY
STUDY.
(a) Study.--The Architect of the Capitol may perform a
feasibility study regarding construction of a photovoltaic
roof for the Rayburn House 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 a report on
the results of the feasibility study and recommendations
regarding construction of a photovoltaic roof for the
building referred to in subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008.
SEC. 8652. 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 are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008.
SEC. 8653. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL
COMPLEX MASTER PLAN.
(a) In General.--To the maximum extent practicable, the
Architect of the Capitol shall include energy efficiency
measures, climate change mitigation 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 of
the Senate a report on the energy efficiency measures,
climate change mitigation measures, and other appropriate
environmental measures included in the Capitol Complex Master
Plan pursuant to subsection (a).
SEC. 8654. CAPITOL POWER PLANT.
(a) In General.--For the purpose of reducing carbon dioxide
emissions, the Architect of the Capitol shall install
technologies for the capture and storage or use of carbon
dioxide emitted from the Capitol Power plant as a result of
burning coal.
(b) Capitol Power Plant Defined.--In this section, the term
``Capitol power plant'' means the power plant constructed in
the vicinity of the Capitol Complex in the District of
Columbia pursuant to the Act of April 28, 1904 (33 Stat. 479,
chapter 1762), and designated under the Act of March 4, 1911
(2 U.S.C. 2162).
SEC. 8655. 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, in conjunction with the Chief Administrative
Officer of the House of Representatives, 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.
[[Page 23080]]
SEC. 8656. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF
CAPITOL POWER PLANT.
(a) Steam Boilers and Chiller Plant.--
(1) In general.--The Architect of the Capitol shall take
such steps as may be necessary to operate the steam boilers
and the chiller plant at the Capitol Power Plant in the most
energy efficient manner possible to minimize carbon emissions
and operating costs, including adjusting steam pressures,
adjusting the operation of the boilers, adjusting water
temperatures, and adjusting the operation of the chillers to
take into account variations in demand, including
seasonality, for the use of the systems.
(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) 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.
(c) Report on Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Architect of
the Capitol, in conjunction with the Chief Administrative
Officer of the House of Representatives, 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.
Subtitle G--Water Resources and Emergency Management Preparedness
PART 1--WATER RESOURCES
SEC. 8701. POLICY OF THE UNITED STATES.
It is the policy of the United States that all Federal
water resources projects--
(1) reflect national priorities for flood damage reduction,
navigation, ecosystem restoration, and hazard mitigation and
consider the future impacts of increased hurricanes,
droughts, and other climate change-related weather events;
(2) avoid the unwise use of floodplains, minimize
vulnerabilities in any case in which a floodplain must be
used, protect and restore the extent and functions of natural
systems, and mitigate any unavoidable damage to aquatic
natural system; and
(3) to the maximum extent possible, avoid impacts to
wetlands, which create natural buffers, help filter water,
serve as recharge areas for aquifers, reduce floods and
erosion, and provide valuable plant and animal habitat.
SEC. 8702. 21ST CENTURY WATER COMMISSION.
(a) Establishment.--There is established a commission to be
known as the 21st Century Water Commission (in this section
referred to as the ``Commission'').
(b) Duties.--The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional studies and assessments as may be necessary to
project--
(A) future water supply and demand;
(B) impacts of climate change to our Nation's flood risk
and water availability; and
(C) associated impacts of climate change on water quality;
(2)(A) study current water management programs of Federal,
interstate, State, and local agencies and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(B) evaluate such programs' hazard mitigation strategies
and contingency planning in light of climate change impacts,
including sea level rise, flooding, and droughts; and
(3) consult with representatives of such agencies and
entities to develop recommendations, consistent with laws,
treaties, decrees, and interstate compacts, for a
comprehensive water strategy to--
(A) recognize the primary role of States in adjudicating,
administering, and regulating water rights and water uses;
(B) identify incentives intended to ensure an adequate and
dependable supply of water to meet the needs of the United
States for the next 50 years, including the future impacts of
climate change on water supply and quality;
(C) eliminate duplication and conflict among Federal
governmental programs;
(D) consider all available technologies (including climate
change predictions, advanced modeling and mapping of
wetlands, floodplains, and other critical areas) and other
methods to optimize water supply reliability, availability,
and quality, while safeguarding and enhancing the environment
and planning for the potential impacts of climate change on
water quality, water supply, flood and storm damage
reduction, and ecosystem health;
(E) recommend means of capturing excess water and flood
water for conservation and use in the event of a drought;
(F) identify adaptation techniques, or further research
needs of adaptation techniques, for effectively conserving
freshwater and coastal systems as they respond to climate
change;
(G) suggest financing options, incentives, and strategies
for development of comprehensive water management plans,
holistically designed water resources projects, conservation
of existing water resources infrastructure (except drinking
water infrastructure) and to increase the use of
nonstructural elements (including green infrastructure and
low impact development techniques);
(H) suggest strategies for avoiding increased mandates on
State and local governments;
(I) suggest strategies for using best available climate
science in projections of future flood and drought risk, and
for developing hazard mitigation strategies to protect water
quality, in extreme weather conditions caused by climate
change;
(J) identify policies that encourage low impact
development, especially in areas near high priority aquatic
systems;
(K) suggest strategies for encouraging the use of, and
reducing biases against, nonstructural elements (including
green infrastructure and low impact development techniques)
when managing stormwater, including features that--
(i) preserve and restore natural processes, landforms (such
as floodplains), natural vegetated stream side buffers,
wetlands, or other topographical features that can slow,
filter, and naturally store stormwater runoff and flood
waters for future water supply and recharge of natural
aquifers;
(ii) utilize natural design techniques that infiltrate,
filter, store, evaporate, and detain water close to its
source; or
(iii) minimize the use of impervious surfaces in order to
slow or infiltrate precipitation;
(L) suggest strategies for addressing increased sewage
overflow problems due to changing storm dynamics and the
impact of aging stormwater and wastewater infrastructure,
population growth, and urban sprawl;
(M) promote environmental restoration projects that
reestablish natural processes; and
(N) identify opportunities to promote existing or create
regional planning, including opportunities to integrate
climate change into water infrastructure and environmental
conservation planning.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 8 members who shall be appointed, not later than
90 days after the date of enactment of this Act, as follows:
(A) 2 members appointed by the President.
(B) 2 members appointed by the Speaker of the House of
Representatives from a list of 4 individuals--
(i) 2 nominated for that appointment by the chairman of the
Committee on Transportation and Infrastructure of the House
of Representatives; and
(ii) 2 nominated for that appointment by the chairman of
the Committee Natural Resources of the House of
Representatives.
(C) 2 members appointed by the majority leader of the
Senate from a list of 4 individuals--
(i) 2 nominated for that appointment by the chairman of the
Committee on Environment and Public Works of the Senate; and
(ii) 2 nominated for that appointment by the chairman of
the Committee on Energy and Natural Resources of the Senate.
(D) One member appointed by the minority leader of the
House of Representatives from a list of 2 individuals--
(i) one nominated for that appointment by the ranking
member of the Committee on Transportation and Infrastructure
of the House of Representatives; and
(ii) one nominated for that appointment by the ranking
member of the Committee on Natural Resources of the Senate.
(E) 1 member appointed by the minority leader of the Senate
from a list of 2 individuals--
(i) one nominated for that appointment by the ranking
member of the Committee on Environment and Public Works of
the Senate; and
(ii) one nominated for that appointment by the ranking
member of the Committee on Energy and Natural Resources of
the Senate.
(2) Qualifications.--
(A) Recognized standing and distinction.--Members shall be
appointed to the Commission from among individuals who are of
recognized standing and distinction in water policy issues.
(B) Limitation.--A person while serving as a member of the
Commission may not hold any other position as an officer or
employee of the United States, except as a retired officer or
retired civilian employee of the United States.
(C) Other considerations.--In appointing members of the
Commission, every effort shall be made to ensure that the
members represent a broad cross section of regional and
geographical perspectives in the United States.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by a majority vote of the members of the
Commission.
(4) Terms.--Members of the Commission shall serve for the
life of the Commission.
(5) Vacancies.--A vacancy on the Commission shall not
affect its operation and shall be filled in the manner in
which the original appointment was made.
[[Page 23081]]
(6) Compensation and travel expenses.--Members of the
Commission shall serve without compensation; except that
members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57, United States Code.
(d) Meetings and Quorum.--
(1) Meetings.--The Commission shall hold its first meeting
not later than 60 days after the date on which all original
members are appointed under subsection (c) and shall hold
additional meetings at the call of the Chairperson or a
majority of its members.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(e) Director and Staff.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Speaker of the House of
Representatives and the majority leader of the Senate, in
consultation with the minority leader of the House of
Representatives, the chairmen of the Committees on Resources
and Transportation and Infrastructure of the House of
Representatives, the minority leader of the Senate, and the
chairmen of the Committee on Energy and Natural Resources and
Environment and Public Works of the Senate.
(2) Applicability of certain civil service laws.--The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates; except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay for GS-15 of the General Schedule.
(f) Hearings.--
(1) Minimum number.--The Commission shall hold no fewer
than 10 hearings during the life of the Commission.
(2) In conjunction with meetings.--Hearings may be held in
conjunction with meetings of the Commission.
(3) Testimony and evidence.--The Commission may take such
testimony and receive such evidence as the Commission
considers appropriate to carry out this section.
(4) Specified.--At least one hearing shall be held in
Washington, District of Columbia, for the purpose of taking
testimony of representatives of Federal agencies, national
organizations, and Members of Congress. At least one hearing
shall focus on potential water resource issues relating to
climate change and how to mitigate the harms of climate
change-related weather events.
(5) Nonspecified.--Hearings, other than those referred to
in paragraph (4), shall be scheduled in distinct geographical
regions of the United States. In conducting such hearings,
the Commission should seek to ensure testimony from
individuals with a diversity of experiences, including those
who work on water issues at all levels of government and in
the private sector.
(g) Information and Support From Federal Agencies.--Upon
request of the Commission, the head of a Federal department
or agency shall--
(1) provide to the Commission, within 30 days of the
request, such information as the Commission considers
necessary to carry out this section; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out this section.
(h) Interim Reports.--Not later than one year after the
date of the first meeting of the Commission, and every year
thereafter, the Commission shall submit an interim report
containing a detailed summary of its progress, including
meetings held and hearings conducted before the date of the
report, to--
(1) the President; and
(2) Congress.
(i) Final Report.--As soon as practicable, but not later
than 5 years after the date of the first meeting of the
Commission, the Commission shall submit a final report
containing a detailed statement of the findings and
conclusions of the Commission and recommendations for
legislation and other policies to implement such findings and
conclusions to--
(1) the President;
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(j) Termination.--The Commission shall terminate not later
than 30 days after the date on which the Commission transmits
a final report under subsection (h)(1).
(k) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.)
shall not apply to the Commission.
(l) Authorization of Appropriations.--There is authorized
to be appropriated $12,000,000 to carry out this section.
SEC. 8703. STUDY OF POTENTIAL IMPACTS OF CLIMATE CHANGE ON
WATER RESOURCES AND WATER QUALITY.
(a) National Academy Study.--The Administrator of the
Environmental Protection Agency shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall--
(1) produce a 2-part study that will consist of--
(A) a study that will identify the potential impacts of
climate change on the Nation's watersheds and water
resources, including hydrological and ecological impacts;
(B) a study that will identify the potential impacts of
climate change on water quality, including the extent to
which Federal and State efforts under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) and other
ocean and coastal laws may be affected by climate change;
(C) information, analyses, and data that will identify, to
the maximum extent practicable, hydrological and temperature
changes by watershed in the United States and that support
the findings made under subparagraphs (A) and (B); and
(D) identification of the scientific consensus,
assumptions, and uncertainties related to predictions of
climate change in the United States;
(2) identify the potential impacts of climate change on the
Nation's water resources, watersheds, and water quality,
including the potential for impacts to wetlands, shoreline
erosion, and saltwater intrusion as a result of sea level
rise, and the potential for significant regional variation in
precipitation events to impact Federal, State, and local
efforts to attain or maintain water quality;
(3) assess the extent to which Federal and State efforts
under the Federal Water Pollution Control Act and other ocean
and coastal laws may be affected by climate change;
(4) identify prudent steps to assess emerging information
and identify appropriate response actions to meet the
requirements of such Act, including provisions to attain or
maintain water quality standards and for adequate stream
flows for wetlands and aquatic resources; and
(5) recommend, if necessary, potential legislative or
regulatory changes to address impacts of global climate
change on efforts to restore and maintain the chemical,
physical, and biological integrity of the Nation's waters.
(b) Recommendations.--Not later than 2 years after the date
of the enactment of this Act, the Administrator shall
transmit to Congress a report on the results of the study
under this section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $1,500,000 to carry out this section.
SEC. 8704. IMPACTS OF CLIMATE CHANGE ON CORPS OF ENGINEERS
PROJECTS.
(a) In General.--The Secretary of the Army shall ensure
that water resources projects and studies carried out by the
Corps of Engineers after the date of enactment of this Act
take into account the potential short and long term effects
of climate change on such projects.
(b) Consideration.--In carrying out this section, the
Secretary shall utilize a representative range of climate
change scenarios, including the current projections of the
United States Global Change Research Program and the
Intergovernmental Panel on Climate Change.
(c) Report to Congress.--Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the implementation of
this section.
PART 2--EMERGENCY MANAGEMENT
SEC. 8731. EFFECTS OF CLIMATE CHANGE ON FEMA PREPAREDNESS,
RESPONSE, RECOVERY, AND MITIGATION PROGRAMS.
(a) Study.--The Administrator of the Federal Emergency
Management Agency shall conduct a comprehensive study of the
increase in demand for the Agency's emergency preparedness,
response, recovery, and mitigation programs and services that
may be reasonably anticipated as a result of an increased
number and intensity of natural disasters affected by climate
change, including hurricanes, floods, tornadoes, fires,
droughts, and severe storms.
(b) Contents.--The study shall include an analysis of the
budgetary and personnel needs of meeting the increased demand
for Agency services referred to in subsection (a).
(c) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report and any
legislative recommendations on the study conducted under this
section.
TITLE IX--ENERGY AND COMMERCE
Subtitle A--Promoting Energy Efficiency
SEC. 9000. SHORT TITLE.
This subtitle may be cited as the ``Energy Efficiency
Improvement Act of 2007''.
PART 1--APPLIANCE EFFICIENCY
SEC. 9001. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Appliances.--The Energy Policy and Conservation Act is
amended as follows:
(1) Dehumidifiers.--Section 325(cc)(2) (42 U.S.C.
6295(cc)(2)) is amended to read as follows:
[[Page 23082]]
``(2) 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 clotheswashers and residential
dishwashers.--Section 325(g) (42 U.S.C. 6295(g)) is amended
by adding at the end the following new paragraphs:
``(9) A top-loading or front-loading standard-size
residential clotheswasher manufactured on or after January 1,
2011, shall have--
``(A) a Modified Energy Factor of at least 1.26; and
``(B) a water factor of not more than 9.5.
``(10) No later than December 31, 2011, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for clotheswashers manufactured on or
after January 1, 2015. Such rule shall contain such
amendment, if any.
``(11) Dishwashers manufactured on or after January 1,
2010, shall--
``(A) for standard size dishwashers not exceed 355 kwh/year
and 6.5 gallon per cycle; and
``(B) for compact size dishwashers not exceed 260 kwh/year
and 4.5 gallons per cycle.
``(12) No later than January 1, 2015, the Secretary shall
publish a final rule determining whether to amend the
standards for dishwashers manufactured on or after January 1,
2018. Such rule shall contain such amendment, if any.''.
(3) Refrigerators and freezers.--Section 325(b) (42 U.S.C.
6295(b)) is amended by adding at the end the following new
paragraph:
``(4) Not later than December 31, 2010, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for refrigerators, refrigerator-freezers,
and freezers manufactured on or after January 1, 2014. Such
rule shall contain such amendment, if any.''.
(b) Energy Star.--Section 324A(d)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by
striking ``January 1, 2010'' and inserting ``July 1, 2009''.
SEC. 9002. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by striking the text of subparagraph (A) and inserting
the following: ``The term `general purpose electric motor
(subtype I)' means any motor that meets the definition of
`General Purpose' as established in the final rule issued by
the Department of Energy for `Energy Efficiency Program for
Certain Commercial and Industrial Equipment: Test Procedures,
Labeling, and Certification Requirements for Electric Motors'
(10 CFR 431), as in effect on the date of enactment of the
Energy Efficiency Improvement Act of 2007.
``(B) The term `general purpose electric motor (subtype
II)' means motors incorporating the design elements of a
general purpose electric motor (subtype I) that are
configured as one of the following:
``(i) U-Frame Motors.
``(ii) Design C Motors.
``(iii) Close-coupled pump motors.
``(iv) Footless motors.
``(v) Vertical solid shaft normal thrust motor (as tested
in a horizontal configuration).
``(vi) 8-pole motors ( 900 rpm).
``(vii) All poly-phase motors with voltages up to 600 volts
other than 230/460 volts.''.
(b) Standards.--
(1) Amendment.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)) is amended by striking
the text of paragraph (1) and inserting the following: ``(A)
Each general purpose electric motor (subtype I), except as
provided in subparagraph (B), with a power rating of 1
horsepower or greater, but not greater than 200 horsepower,
manufactured (alone or as a component of another piece of
equipment) after the 36-month period beginning on the date of
enactment of the Energy Efficiency Improvement Act of 2007,
shall have a nominal full load efficiency not less than as
defined in NEMA MG-1 (2006) Table 12-12.
``(B) Each fire pump motor manufactured (alone or as a
component of another piece of equipment) after the 36-month
period beginning on the date of enactment of the Energy
Efficiency Improvement Act of 2007, shall have nominal full
load efficiency not less than as defined in NEMA MG-1 (2006)
Table 12-11.
``(C) Each general purpose electric motor (subtype II) with
a power rating of 1 horsepower or greater, but not greater
than 200 horsepower, manufactured (alone or as a component of
another piece of equipment) after the 36-month period
beginning on the date of enactment of the Energy Efficiency
Improvement Act of 2007, shall have a nominal full load
efficiency not less than as defined in NEMA MG-1 (2006) Table
12-11.
``(D) Each NEMA Design B, general purpose electric motor
with a power rating of more than 200 horsepower, but not
greater than 500 horsepower, manufactured (alone or as a
component of another piece of equipment) after the 36-month
period beginning on the date of enactment of the Energy
Efficiency Improvement Act of 2007, shall have a nominal full
load efficiency not less than as defined in NEMA MG-1 (2006)
Table 12-11.''.
(2) Effective Date.--The amendment made by paragraph (1)
shall take effect 36 months after the date of enactment of
this Act.
SEC. 9003. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6925(f)) is amended--
(1) in the subsection heading, by inserting ``and Boilers''
after ``Furnaces'';
(2) in paragraph (1), by striking ``except that'' and all
that follows through ``(B)'' and inserting ``except that'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraph (B), boilers
manufactured on or after September 1, 2012, shall meet the
following requirements:
------------------------------------------------------------------------
Minimum Annual
Boiler Type Fuel Utilization Design
Efficiency Requirements
------------------------------------------------------------------------
Gas Hot Water..................... 82% No Constant
Burning Pilot,
Automatic Means
for Adjusting
Water
Temperature
Gas Steam........................ 80% No Constant
Burning Pilot
Oil Hot Water..................... 84% Automatic Means
for Adjusting
Temperature
Oil Steam........................ 82% None
Electric Hot Water................ None Automatic Means
for Adjusting
Temperature
Electric Steam.................... None None
------------------------------------------------------------------------
``(B) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip each gas,
oil and electric hot water boiler, except boilers equipped
with tankless domestic water heating coils, with automatic
means for adjusting the temperature of the water supplied by
the boiler to ensure that an incremental change in inferred
heat load produces a corresponding incremental change in the
temperature of water supplied.
``(ii) Single input rate.--For a boiler that fires at one
input rate this requirement may be satisfied by providing an
automatic means that allows the burner or heating element to
fire only when such means has determined that the inferred
heat load cannot be met by the residual heat of the water in
the system.
``(iii) No inferred heat load.--When there is no inferred
heat load with respect to a hot water boiler, the automatic
means described in clause (i) and (ii) shall limit the
temperature of the water in the boiler to not more than 140
degrees Fahrenheit.
``(iv) Operation.--A boiler described in clause (i) or (ii)
shall be operable only when the automatic means described in
clauses (i), (ii), and (iii) is installed.''.
SEC. 9004. REGIONAL VARIATIONS IN HEATING OR COOLING
STANDARDS.
(a) Consumer Appliances.--Section 325(o) of the Energy
Policy and Conservation Act (42 U.S.C. 6925(o)) is amended by
adding at the end the following new paragraph:
``(6)(A) The Secretary may establish regional standards for
space heating and air conditioning products, other than
window-unit air-conditioners and portable space heaters. For
each space heating and air conditioning product, the
Secretary may establish a national minimum standard and two
more stringent regional standards for regions determined to
have significantly differing climatic conditions. Any
standards set for any such region shall achieve the maximum
level of energy savings that are technically feasible and
economically justified within that region. As a preliminary
step to determining the economic justifiability of
establishing any such regional standard, the Secretary shall
conduct a study involving stakeholders, including but not
limited to a representative from the National Institute of
Standards and Technology; representatives
[[Page 23083]]
of nongovernmental advocacy organizations; representatives of
product manufacturers, distributors, and installers;
representatives of the gas and electric utility industries;
and such other individuals as the Secretary may designate.
Such study shall determine the potential benefits and
consequences of prescribing regional standards for heating
and cooling products, and may, if favorable to such
standards, constitute the evidence of economic justifiability
required under this Act. Regional boundaries shall follow
State borders and only include contiguous States (except
Alaska and Hawaii), except that on the request of a State,
the Secretary may divide that State to include a part of that
State in each of two regions.
``(B) If the Secretary establishes regional standards, it
shall be unlawful under section 332 to offer for sale at
retail, sell at retail, or install noncomplying products
except within the specified regions.
``(C)(i) Except as provided in clause (ii), no product
manufactured to a regional standard established pursuant to
subparagraph (A) shall be distributed in commerce without a
prominent label affixed to the product which includes at the
top of the label, in print of not less than 14-point type,
the following: `It is a violation of Federal law for this
product to be installed in any State outside the region
shaded on the map printed on this label.'. Below this notice
shall appear a map of the United States with clearly defined
State boundaries and names, and with all States in which the
product meets or exceeds the standard established pursuant to
subparagraph (A) shaded in a color or a manner as to be
easily visible without obscuring the State boundaries and
names. Below the map shall be printed on each label the
following: `It is a violation of Federal law for this label
to be removed, except by the owner and legal resident of any
single-family home in which this product is installed.'.
``(ii) A product manufactured that meets or exceeds all
regional standards established under this paragraph shall
bear a prominent label affixed to the product which includes
at the top of the label, in print of not less than 14-point
type the following: `This product has achieved an energy
efficiency rating under Federal law allowing its installation
in any State.'.
``(D) Manufacturers of space heating and air conditioning
equipment subject to regional standards established under
this paragraph shall obtain and retain records on the
intended installation locations of the equipment sold, and
shall make such records available to the Secretary on
request.''.
(b) Industrial Equipment.--Section 342(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by
adding at the end the following new paragraph:
``(10)(A) The Secretary may establish regional standards
for space heating and air conditioning products subject to
this subsection. For each space heating and air conditioning
product, the Secretary may establish a national minimum
standard and two more stringent regional standards for
regions determined to have significantly differing climatic
conditions. Any standards set for any such region shall
achieve the maximum level of energy savings that are
technically feasible and economically justified within that
region. Regional boundaries shall follow State borders and
only include contiguous States (except Alaska and Hawaii),
except that on the request of a State, the Secretary may
divide that State to include a part of that State in each of
two regions.
``(B) If the Secretary establishes regional standards, it
shall be unlawful under section 345 to offer for sale at
retail, sell at retail, or install noncomplying products
except within the specified regions.
``(C) Manufacturers of space heating and air conditioning
equipment subject to regional standards established under
this paragraph shall obtain and retain records on the
intended installation locations of the equipment sold, and
shall make such records available to the Secretary on
request.''.
SEC. 9005. 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. 9006. EXPEDITING APPLIANCE STANDARDS RULEMAKINGS.
(a) Direct Final Rule.--Section 325(p) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(p)) is amended by adding
a new paragraph (4) as follows:
``(4) If manufacturers of any type (or class) of covered
products or covered equipment, States, and efficiency
advocates, or persons determined by the Secretary to fully
represent such parties, submit to the Secretary a joint
recommendation of an energy or water conservation standard
and the Secretary determines that the recommended standard
complies with subsection (o) or section 342(a)(6)(B), as
applicable, to that type (or class) of covered products or
covered equipment to which the standard would apply, the
Secretary may then issue a direct final rule including the
standard recommended. If the Secretary determines that a
direct final rule cannot be issued based on such a submitted
joint recommendation, the Secretary shall publish a
determination with an explanation as to why the joint
recommendation does not comply with this paragraph. For
purposes of this paragraph, the term `direct final rule'
means a final rule published the same day with a parallel
notice of proposed rulemaking that proposes a new or amended
energy or water conservation standard that is identical to
the standard set forth in the final rule. There shall be a
110-day period for public comment with respect to the direct
final rule. Not later than 10 days after the expiration of
such 110-day period, the Secretary shall publish a notice
responding to comments received with respect to the direct
final rule. The Secretary shall withdraw a direct final rule
promulgated pursuant to this paragraph within 120 days after
publication in the Federal Register if the Secretary
receives, with respect to the direct final rule, one or more
adverse public comments or any alternate joint recommendation
and, based on the rulemaking record, the Secretary determines
that such adverse comments or alternate joint recommendation
may provide a reasonable basis for withdrawing the direct
final rule under subsection (o), section 342(a)(6)(B), or any
applicable law. In such a case, the Secretary shall then
proceed with the parallel notice of proposed rulemaking, and
shall identify in a notice published in the Federal Register
the reasons for the withdrawal of the direct final rule. A
direct final rule that is withdrawn in accordance with this
paragraph shall not be considered final for purposes of
subsection (o)(1) of this section. No person shall be found
in violation of this part for noncompliance with a direct
final rule that is withdrawn under this paragraph, if that
person has complied with the applicable standard in effect
under this part immediately prior to issuance of that direct
final rule.''.
(b) Conforming Amendment.-- Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
by inserting after ``section'' the first time it appears
``325(p)(5), section''.
SEC. 9007. CORRECTION OF LARGE AIR CONDITIONER RULE ISSUANCE
CONSTRAINT.
(a) Definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended by adding the
following new paragraphs at the end:
``(22) The term `single package vertical air conditioner'
means air-cooled commercial package air conditioning and
heating equipment; factory assembled as a single package
having its major components arranged vertically, which is an
encased combination of cooling and optional heating
components, is intended for exterior mounting on, adjacent
interior to, or through an outside wall; and is powered by a
single- or three-phase current. It may contain separate
indoor grille(s), outdoor louvers, various ventilation
options, indoor free air discharge, ductwork, well plenum, or
sleeve. Heating components may include electrical resistance,
steam, hot water, or gas, but may not include reverse cycle
refrigeration as a heating means.
``(23) The term `single package vertical heat pump' means a
single package vertical air conditioner that utilizes reverse
cycle refrigeration as its primary heat source, that may
include secondary supplemental heating by means of electrical
resistance, steam, hot water, or gas.''.
(b) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended--
(1) in each of paragraphs (1) and (2), by inserting after
``heating equipment'' in the first sentence ``, including
single package vertical air conditioners and single package
vertical heat pumps,'';
(2) in paragraph (1), by striking ``but before January 1,
2010,'';
(3) in each of paragraphs (7), (8), and (9), by inserting
after ``heating equipment'' in the first sentence ``,
excluding single package vertical air conditioners and single
package vertical heat pumps,'';
(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 new subparagraphs:
``(D) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, the minimum seasonal energy efficiency ratio of
air-cooled three-phase electric central air conditioners and
central air conditioning heat pumps less than 65,000 Btu per
hour (cooling capacity), split systems, shall be 13.0.
``(E) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, minimum seasonal energy efficiency ratio of
air-cooled three-phase electric central air conditioners and
central air conditioning heat pumps less than 65,000 Btu per
hour (cooling capacity), single package, shall be 13.0.
``(F) For equipment manufactured on or after the later of
January 1, 2008, or the date
[[Page 23084]]
six months after enactment of this section, minimum heating
seasonal performance factor of air-cooled three-phase
electric central air conditioning heat pumps less than 65,000
Btu per hour (cooling capacity), split systems, shall be 7.7.
``(G) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of
this section, the minimum heating seasonal performance factor
of air-cooled three-phase electric central air conditioning
heat pumps less than 65,000 Btu per hour (cooling capacity),
single package, shall be 7.7.''; and
(5) by adding the following new paragraphs at the end:
``(11) Single package vertical air conditioners and single
package vertical heat pumps manufactured on or after January
1, 2010, shall meet the following standards:
``(A) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), single-phase, shall be 9.0.
``(B) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), three-phase, shall be 9.0.
``(C) The minimum energy efficiency ratio of single package
vertical air conditioners at or above 65,000 Btu per hour
(cooling capacity) but less than 135,000 Btu per hour
(cooling capacity), shall be 8.9.
``(D) The minimum energy efficiency ratio of single package
vertical air conditioners at or above 135,000 Btu per hour
(cooling capacity) but less than 240,000 Btu per hour
(cooling capacity), shall be 8.6.
``(E) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), single-phase, shall be 9.0; and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(F) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), three-phase, shall be 9.0; and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(G) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 65,000 Btu per hour (cooling
capacity) but less than 135,000 Btu per hour (cooling
capacity), shall be 8.9; and the minimum coefficient of
performance in the heating mode shall be 3.0.
``(H) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 135,000 Btu per hour (cooling
capacity) but less than 240,000 Btu per hour (cooling
capacity), shall be 8.6; and the minimum coefficient of
performance in the heating mode shall be 2.9.
``(12) Not later than 36 months after the date of enactment
of this paragraph, the Secretary shall review the most
recently published ASHRAE/IES Standard 90.1 with respect to
single package vertical air conditioners and single package
vertical heat pumps according to the procedures established
in paragraph (6).''.
SEC. 9008. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended by striking paragraph (6) and
inserting the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation standard'
means 1 or more performance standards that--
``(i) for covered products (excluding clothes washers,
dishwashers, showerheads, faucets, water closets, and
urinals), prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323;
``(ii) for showerheads, faucets, water closets, and
urinals, prescribe a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
test procedures prescribed under section 323; and
``(iii) for clothes washers and dishwashers--
``(I) prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323; and
``(II) may include a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
those test procedures.
``(B) Inclusions.--The term `energy conservation standard'
includes--
``(i) 1 or more design requirements, if the requirements
were established--
``(I) on or before the date of enactment of this subclause;
or
``(II) as part of a consensus agreement under section
325(p)(5); and
``(ii) any other requirements that the Secretary may
prescribe under section 325(r).
``(C) Exclusion.--The term `energy conservation standard'
does not include a performance standard for a component of a
finished covered product, unless regulation of the component
is authorized or established pursuant to this title.''.
SEC. 9009. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND
CLARIFYING STATE AUTHORITY.
(a) Consumer Appliances.--Section 325(m) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)) is amended to
read as follows:
``(m) Further Rulemaking.--(1) Not later than 6 years after
issuance of any final rule establishing or amending a
standard, as required for a product under this part, the
Secretary shall publish either--
``(A) a notice of the Secretary's determination that
standards for that product do not need to be amended, based
on the criteria in subsection (n)(2); or
``(B) a notice of proposed rulemaking including new
proposed standards based on the criteria in subsection (o)
and the procedures in subsection (p).
In either case, the Secretary shall also publish a notice
stating that the Department's analysis is publicly available,
and provide opportunity for written comment.
``(2) Not later than 2 years after a notice is issued under
paragraph (1)(B), the Secretary shall publish a final rule
amending the standard for the product. Not later than 3 years
after a determination under paragraph (1)(A), the Secretary
shall make a new determination and publication under
paragraph (1)(A) or (B).
``(3) An amendment prescribed under this subsection shall
apply to products manufactured after a date which is 3 years
after publication of the final rule establishing a standard,
except that a manufacturer shall not be required to apply new
standards to a product with respect to which other new
standards have been required within the prior 6 years.
``(4) The Secretary shall promptly submit to the Committee
on Energy and Commerce of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate--
``(A) a progress report every 180 days on compliance with
this section, including a specific plan to remedy any
failures to comply with deadlines for action set forth in
this section; and
``(B) all required reports to the Court or to any party to
the Consent Decree in State of New York v Bodman,
Consolidated Civil Actions No.05 Civ. 7807 and No.05 Civ.
7808.''.
(b) Industrial Equipment.--Section 342(a)(6) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by amending the remainder of the paragraph to read as
follows:
``(6)(A) If ASHRAE/IES Standard 90.1 is amended with
respect to any small, large, or very large commercial package
air conditioning and heating equipment, packaged terminal air
conditioners, packaged terminal heat pumps, warm-air
furnaces, packaged boilers, storage water heaters,
instantaneous water heaters, or unfired hot water storage
tanks, the Secretary shall within 6 months publish in the
Federal Register for public comment an analysis of the energy
savings potential of the amended energy efficiency standards.
The Secretary shall establish an amended uniform national
standard for that product at the minimum level for each
effective date specified in the amended ASHRAE/IES Standard
90.1 within 18 months of the ASHRAE amendment's publication,
unless the Secretary determines, by rule published in the
Federal Register, and supported by clear and convincing
evidence, that adoption of a uniform national standard more
stringent than such amended ASHRAE/IES Standard 90.1 for such
product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
``(B) If the Secretary issues a rule containing such a
determination, the rule shall establish such amended
standard, and shall be issued within 30 months of the ASHRAE
amendment's publication.
``(C)(i) Not later than 6 years after issuance of any final
rule establishing or amending a standard, as required for a
product under this part, the Secretary shall publish either--
``(I) a notice of the Secretary's determination that
standards for that product do not need to be amended, based
on the criteria in subparagraph (A); or
``(II) a notice of proposed rulemaking including new
proposed standards based on the criteria and procedures in
subparagraph (B).
In either case, the Secretary shall also publish a notice
stating that the Department's analysis is publicly available,
and provide opportunity for written comment.
``(ii) Not later than 2 years after a notice is issued
under clause (i)(II), the Secretary shall publish a final
rule amending the standard for the product. Not later than 3
years after a determination under clause (i)(I), the
Secretary shall make a new determination and publication
under clause (i)(I) or (II).
``(iii) An amendment prescribed under this subparagraph
shall apply to products manufactured after a date which is 3
years after publication of the final rule establishing a
standard, except that a manufacturer shall not be required to
apply new standards to a product with respect to which other
new standards have been required within the prior 6 years.
``(iv) The Secretary shall promptly submit to the House
Committee on Energy and Commerce and to the Senate Committee
on Energy and Natural Resources a progress report every 180
days on compliance with this paragraph, including a specific
plan to remedy
[[Page 23085]]
any failures to comply with deadlines for action set forth in
this paragraph.''.
SEC. 9010. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances.--Section 323(b)(1)(A) of the
Energy Policy and Conservation Act (42 U.S.C. 6923(b)(1)(A))
is amended by striking ``The Secretary may'' and all that
follows through ``paragraph (3)'' and inserting ``At least
every 7 years the Secretary shall review test procedures for
all covered products and shall--
``(i) amend test procedures with respect to any covered
product if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure''.
(b) Industrial Equipment.--Section 343(a)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6314(a)(1)) is amended
by striking ``The Secretary may'' and all that follows
through ``this section'' and inserting ``At least every 7
years the Secretary shall conduct an evaluation of each class
of covered equipment and--
``(A) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe test
procedures for such class in accordance with the provisions
of this section; or
``(B) shall publish notice in the Federal Register of any
determination not to amend a test procedure''.
SEC. 9011. FURNACE FAN STANDARD PROCESS.
Section 325(f)(4)(D) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(f)(3)(D)), as redesignated by section
9003(3) of this Act, is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by inserting ``not later than July 1, 2013'' after
``duct work''.
SEC. 9012. TECHNICAL CORRECTIONS.
(a) Section 135(a)(1)(A)(ii) of the Energy Policy Act of
2005 (Public Law 109-58) is amended by striking ``C78.1-
1978(R1984)'' and inserting ``C78.3-1978(R1984)''.
(b) Section 325 of the Energy Policy and Conservation Act
(42 U.S.C. 6295) (as amended by section 135(c)(4) of the
Energy Policy Act of 2005) is amended--
(1) in subsection (v)--
(A) in the subsection heading, by striking ``Ceiling Fans
and'';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (ff)--
(A) in paragraph (1)(A)--
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause (iii); and
(iii) in clause (iii)(II) (as so redesignated), by
inserting ``fans sold for'' before ``outdoor''; and
(B) in paragraph (4)(C)--
(i) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraph (A)'';
(ii) by striking clause (ii) and inserting the following:
``(ii) shall be packaged with lamps to fill all sockets.'';
(C) in paragraph (6), by redesignating subparagraphs (C)
and (D) as clauses (i) and (ii), respectively, of
subparagraph (B); and
(D) in paragraph (7), by striking ``327'' the second place
it appears and inserting ``324''.
SEC. 9013. ENERGY EFFICIENT STANDBY POWER DEVICES.
(a) Definitions.--In this section:
(1) Agency.--
(A) In general.--The term ``agency'' has the meaning given
the term ``Executive agency'' in section 105 of title 5,
United States Code.
(B) Inclusions.--The term ``agency'' includes military
departments, as the term is defined in section 102 of title
5, United States Code.
(2) Eligible product.--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 subsection (d).
(b) Federal Purchasing Requirement.--Subject to subsection
(c), if an agency purchases an eligible product, the agency
shall purchase--
(1) an eligible product that uses not more than 1 watt in
the standby power consuming mode of the eligible product; or
(2) if an eligible product described in paragraph (1) is
not available, the eligible product with the lowest available
standby power wattage in the standby power consuming mode of
the eligible product.
(c) Limitation.--The requirements of subsection (b) shall
apply to a purchase by an agency only if--
(1) the lower-wattage eligible product is--
(A) lifecycle cost-effective; and
(B) practicable; and
(2) the utility and performance of the eligible product is
not compromised by the lower wattage requirement.
(d) Eligible Products.--The Secretary of Energy, in
consultation with the Secretary of Defense and the
Administrator of General Services, shall compile a list of
cost-effective eligible products that shall be subject to the
purchasing requirements of subsection (b).
SEC. 9014. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.
(a) Section 321 of the Energy Policy and Conservation Act
(42 U.S.C. 6291) is amended--
(1) in paragraph (36) by inserting ``(A)'' before the text
and adding at the end the following:
``(B) 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 one AC or DC output
voltage at a time;
``(iii) is sold with, or intended to be used with, a
separate end-use product that constitutes the primary load;
``(iv) is contained in a separate physical enclosure from
the end-use product;
``(v) is connected to the end-use product via a removable
or hard-wired male/female electrical connection, cable, cord
or other wiring; and
``(vi) has nameplate output power less than or equal to 250
watts.
``(C) 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, as described under section
513 of the Food, Drug, and Cosmetic Act of 1938; 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) 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.
``(E) 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.''
(2) by adding at the end the following:
``(52) The term `detachable battery' means a battery that
is contained in a separate enclosure from the product and is
intended to be removed or disconnected from the product for
recharging.''.
(b) Section 323 of the Energy Policy and Conservation Act
(42 U.S.C. 6293) is amended in subsection (b) by adding at
the end the following:
``(17) Test procedures for class A external power supplies
shall be based upon the U.S. Environmental Protection
Agency's `Test Method for Calculating the Energy Efficiency
of Single-Voltage External AC-DC and AC-AC Power Supplies',
August 11, 2004, provided that the test voltage specified in
section 4(d) of such test method shall be only 115 volts, 60
Hz.''.
(c) Section 325 of the Energy Policy and Conservation Act
(42 U.S.C. 6295) is amended in subsection (u) by adding at
the end the following:
``(6) Efficiency standards for class a external power
supplies.--
``(A) Class A external power supplies manufactured on or
after July 1, 2008 (or the date of enactment of this
paragraph, if later) 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) Notwithstanding paragraph (A), any class A external
power supply manufactured on or after July 1, 2008, and
before July 1, 2015, and 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,
shall not be subject to the requirements of paragraph (A).
``(C) Any class A external power supply manufactured on or
after July 1, 2008 (or the date of enactment of this
paragraph, if later) 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.
[[Page 23086]]
``(D)(i) Not later than July 1, 2011 the Secretary shall
publish a final rule to determine whether the standards
established under paragraph (A) should be amended. Such rule
shall provide that any amended standard shall apply to
products manufactured on or after July 1, 2013.
``(ii) Not later than July 1, 2015 the Secretary shall
publish a final rule to determine whether the standards
established under paragraph (A) should be amended. Such rule
shall provide that any amended standard shall apply to
products manufactured on or after July 1, 2017.
``(7) An energy conservation standard for external power
supplies shall not constitute an energy conservation standard
for the separate end-use product to which it is connected.''.
SEC. 9015. 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 paragraphs (6) and
(7) (as added by this Act) as paragraphs (2), (3), and (4),
respectively; and
(2) by adding at the end the following new subsection:
``(ii) Standby Mode Energy Use.--
``(1) Definitions.--
``(A) In general.--Unless the Secretary determines
otherwise pursuant to subparagraph (B), the definitions in
this subsection, for the purpose of this subsection, shall
apply:
``(i) The term `active mode' means the condition in which
an energy using product is connected to a mains power source,
has been activated, and provides one or more main functions.
``(ii) The term `off mode' means the condition in which an
energy using product is connected to a mains power source and
is not providing any standby or active mode function.
``(iii) The term `standby mode' means the condition in
which an energy using product is connected to a mains power
source and offers one or more of the following user oriented
or protective functions:
``(I) To facilitate the activation or deactivation of other
functions (including active mode) by remote switch (including
remote control), internal sensor, or timer.
``(II) 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) 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 its standby mode
and off mode energy consumption; or
``(ii) such an integrated test procedure is technically
infeasible for a particular covered product, whereupon the
Secretary shall promulgate a separate standby mode and off
mode energy use test procedure for such product, if
technically feasible.
``(B) 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) 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
such amended test procedures.
``(3) Incorporation into standard.--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), where feasible. Where
not feasible, the Secretary shall promulgate within such
final rule a separate standard for standby mode and off mode
energy consumption, if justified under subsection (o).''.
SEC. 9016. BATTERY CHARGERS.
Section 325(u) is amended--
(1) in paragraph (1)(E)(i)--
(A) by inserting ``(I)'' after ``(E)(i)'';
(B) by striking ``battery chargers and'' each place it
appears; and
(C) by adding at the end the following new subclause:
``(II) 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.''; and
(2) in paragraph (4), by striking ``3 years'' and inserting
``2 years''.
SEC. 9017. WALK-IN COOLERS AND WALK-IN FREEZERS.
(a) Definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (G) through (K) as
subparagraphs (H) through (L), respectively; and
(B) by inserting after subparagraph (F) the following:
``(G) Walk-in coolers and walk-in freezers.'';
(2) by redesignating paragraphs (20) and (21) as paragraphs
(21) and (22), respectively; and
(3) by inserting after paragraph (19) the following:
``(20) The terms `walk-in cooler' and `walk-in freezer'
mean an enclosed 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 3000 square feet. These terms exclude products
designed and marketed exclusively for medical, scientific, or
research purposes.''.
(b) Standards.--Section 342 of the Energy Policy and
Conservation Act (42 U.S.C. 6313) is amended by adding at the
end the following:
``(f) Walk-in Coolers and Walk-in Freezers.--(1) Each walk-
in cooler or walk-in freezer manufactured on or after January
1, 2009, shall meet the following specifications:
``(A) Have automatic door closers that firmly close all
walk-in doors that have been closed to within one inch of
full closure. This requirement does not apply to doors wider
than 3 feet 9 inches or taller than 7 feet.
``(B) Have strip doors, spring hinged doors, or other
method of minimizing infiltration when doors are open.
``(C) Contain wall, ceiling, and door insulation of at
least R-25 for coolers and R-32 for freezers. Door insulation
requirements do not apply to glazed portions of doors, nor to
structural members.
``(D) Contain floor insulation of at least R-28 for
freezers.
``(E) For evaporator fan motors of under one horsepower and
less than 460 volts, use either--
``(i) electronically commutated motors (brushless direct
current motors); or
``(ii) three-phase motors.
The portion of the requirement for electronically commuted
motors shall take effect January 1, 2009, unless, prior to
this date, the Secretary determines that such motors are only
available from one manufacturer. The Secretary may also allow
other types of motors if the Secretary determines that, on
average, these other motors use no more energy in evaporator
fan applications than electronically commutated motors. The
Secretary shall establish this maximum energy consumption
level no later than January 1, 2010.
``(F) For condenser fan motors of under one horsepower,
use--
``(i) electronically commutated motors;
``(ii) permanent split capacitor-type motors; or
``(iii) three-phase motors.
``(G) For all interior lights, use light sources with an
efficacy of 40 lumens per watt or more, including ballast
losses (if any). Light sources with an efficacy of 40 lumens
per watt or less, including ballast losses (if any), may be
used in conjunction with a timer or device that turns off the
lights within 15 minutes of when the walk-in cooler or walk-
in freezer is not occupied.
``(2) Each walk-in cooler or walk-in freezer with
transparent reach-in doors manufactured on or after January
1, 2009, shall also meet the following specifications:
``(A) Transparent reach-in doors and windows in walk-in
doors for walk-in freezers shall be of triple-pane glass with
either heat-reflective treated glass or gas fill.
``(B) Transparent reach-in doors for walk-in coolers and
windows in walk-in doors shall be either--
``(i) double-pane glass with heat-reflective treated glass
and gas fill; or
``(ii) triple pane glass with either heat-reflective
treated glass or gas fill.
``(C) If the appliance has an antisweat heater without
antisweat heat controls, then the appliance shall have a
total door rail, glass, and frame heater power draw of no
more than 7.1 watts per square foot of door opening (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
[[Page 23087]]
per square foot of door opening (for coolers), then the
antisweat heat controls shall reduce the energy use of the
antisweat heater in an amount corresponding to the relative
humidity in the air outside the door or to the condensation
on the inner glass pane.
``(3) Not later than January 1, 2012, the Secretary shall
publish performance-based standards for walk-in coolers and
walk-in freezers that achieve the maximum improvement in
energy which the Secretary determines is technologically
feasible and economically justified. Such standards shall
apply to products manufactured three years after the final
rule is published unless the Secretary determines, by rule,
that three years is inadequate, in which case the Secretary
may set an effective date for products manufactured no
greater than five years after the date of publication of a
final rule for these products.
``(4) Not later than January 1, 2020, the Secretary shall
publish a final rule to determine if the standards
established under paragraph (3) should be amended. The rule
shall provide that such standards shall apply to products
manufactured three years after the final rule is published
unless the Secretary determines, by rule, that three years is
inadequate, in which case the Secretary may set an effective
date for products manufactured no greater than five years
after the date of publication of a final rule for these
products.''.
(c) Test Procedures.--Section 343(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6314(a)) is amended by adding
at the end the following:
``(9) For walk-in coolers and walk-in freezers:
``(A) R value is defined as 1/K factor multiplied by the
thickness of the panel. K factor shall be based on ASTM test
procedure C518-2004. For calculating R value for freezers,
the K factor of the foam at 20F (average foam temperature)
shall be used. For calculating R value for coolers the K
factor of the foam at 55F (average foam temperature) shall be
used.
``(B) Not later than January 1, 2010, the Secretary shall
establish a test procedure to measure the energy-use of walk-
in coolers and walk-in freezers. Such test procedure may be
based on computer modeling, if the computer model or models
have been verified using the results of laboratory tests on a
significant sample of walk-in coolers and walk-in
freezers.''.
(d) Labeling.--Section 344(e) of the Energy Policy and
Conservation Act (42 U.S.C. 6315(e)) is amended by inserting
``walk-in coolers and walk-in freezers,'' after ``commercial
clothes washers,'' each place it appears.
(e) Administration, Penalties, Enforcement, and
Preemption.--Section 345 of the Energy Policy and
Conservation Act (42 U.S.C. 6316), is amended--
(1) by striking ``subparagraphs (B), (C), (D), (E), and
(F)'' and inserting ``subparagraphs (B), (C), (D), (E), (F),
and (G)'' each place it appears; and
(2) by adding at the end the following:
``(h)(1)(A)(i) Except as provided in clause (ii) and
paragraphs (2) and (3), section 327 shall apply to walk-in
coolers and walk-in freezers for which standards have been
established under paragraphs (1) and (2) of section 342(f) to
the same extent and in the same manner as the section applies
under part A on the date of enactment of this subsection.
``(ii) Any State standard issued before the date of
enactment of this subsection shall not be preempted until the
standards established under paragraphs (1) and (2) of section
342(f) take effect.
``(B) In applying section 327 to the equipment under
subparagraph (A), paragraphs (1), (2), and (3) of subsection
(a) shall apply.
``(2)(A) If the Secretary does not issue a final rule for a
specific type of walk-in cooler or walk-in freezer within the
time frame specified in section 342(f)(3) or (4), subsections
(b) and (c) of section 327 shall no longer apply to the
specific type of walk-in cooler or walk-in freezer for the
period beginning on the day after the scheduled date for a
final rule and ending on the date on which the Secretary
publishes a final rule covering the specific type of walk-in
cooler or walk-in freezer.
``(B) Any State standard issued before the publication of
the final rule shall not be preempted until the standards
established in the final rule take effect.
``(3) Any standard issued in the State of California before
January 1, 2011, under Title 20 of the California Code of
Regulations, which refers to walk-in coolers and walk-in
freezers, for which standards have been established under
paragraphs (1) and (2) of section 342(f), shall not be
preempted until the standards established under paragraph (3)
of section 342(f) take effect.''.
PART 2--LIGHTING EFFICIENCY
SEC. 9021. EFFICIENT LIGHT BULBS.
(a) Prohibition.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall issue
regulations--
(A) prohibiting the sale of 100 watt general service
incandescent lamps after January 1, 2012, unless those lamps
emit at least 60 lumens per watt;
(B) prohibiting the sale of general service lamps
manufactured after the effective dates shown in the table
below that do not meet the minimum efficacy levels (lumens/
watt) shown in the following table:
Minimum Efficacy Levels and Effective Dates
------------------------------------------------------------------------
Minimum
Efficacy
Lumen Range (Lumens) (Lumens/ Effective Dates
Watt)
------------------------------------------------------------------------
200-449 15 1/1/2014
450-699 17 1/1/2014
700-999 20 1/1/2013
1000-1500 22 1/1/2012
1501-3000 24 1/1/2012
------------------------------------------------------------------------
(C) after January 1, 2020, prohibiting the sale of general
service lamps that emit less than 300 percent of the average
lumens per watt emitted by 100 watt incandescent general
service lamps that are commercially available as of the date
of enactment of this Act;
(D) establishing a minimum color rendering index (CRI) of
80 or higher for all general service lamps manufactured as of
the effective dates in subparagraph (B); and
(E) prohibiting the manufacture or import for sale in the
United States of an adapter device designed to allow a lamp
with a different base to fit into a medium screw base socket
manufactured after January 1, 2009.
(2) Exemptions.--The regulations issued under paragraph (1)
shall include procedures for the Secretary to exempt
specialty lamps from the requirements of paragraph (1). The
Secretary may provide such an exemption only in cases where
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 application, or in certified historic
lighting applications using bulbs that meet the requirements
of paragraph (1). In addition, the Secretary shall include as
an additional criterion that exempted products are unlikely
to be used in the general service lighting applications.
(3) Additional lamps types.--
(A) Manufacturers of rough service, vibration service,
vibration resistant, appliance, shatter resistant, and three-
way lamps shall report annual sales volume to the Secretary.
If the Secretary determines that annual sales volume for any
of these lamp types increases by 100 percent relative to 2009
sales in any later year, then such lamps shall by subject to
the following standards:
(i) Appliance lamps shall use no more than 40 watts.
(ii) Rough service lamps shall use no more than 40 watts.
(iii) Vibration service and vibration resistant lamps shall
use no more than 40 watts.
(iv) Three-way lamps shall comply with the standards in
paragraph (1) at each level of rated lumen output.
(B) Rough service, vibration service, vibration resistant,
appliance, shatter resistant, and three-way lamps shall be
available for sale at retail in single packs only.
(4) Civil penalty.--The Secretary of Energy shall include
in regulations under this subsection a schedule of
appropriate civil penalties for violations of the
prohibitions under this subsection. Such penalties shall be
in an amount sufficient to ensure compliance with this
section.
(5) State preemption.--State standards for general service
lamps are preempted as of the date of enactment of this Act,
except--
(A) any State standard already enacted or adopted as of the
date of enactment of this Act may be enforced until the
Federal effective dates for each lamp category, and such
States may modify existing State standards for general
service lamps to conform with the standards in paragraph (1)
at any time;
(B) any State standard identical to the standards in
paragraph (1)(B) with an effective date no sooner than
January 1, 2015; and
(C) any State standard identical to Federal standards,
after such Federal standards are in effect.
(6) Definitions.--For purposes of this section, the
following definitions apply:
(A) The term ``general service lamp'' means a
nonreflectorized lamp that--
(i) is intended for general service applications;
(ii) has a medium screw base;
(iii) has an initial lumen output no less than 200 lumens
and no more than 3000 lumens;
(iv) has an input voltage range at least partially within
110 and 130 volts;
(v) has a A-15, A-19, A-21, A-23, A-25, PS-25, PS-30, BT-
14.5, BT-15, CP-19, TB-19, CA-22, or similar shape as defined
in ANSI C78.20-2003; and
(vi) has a bulb finish of the frosted, clear, soft white,
modified spectrum, enhanced spectrum, full spectrum, or
equivalent type.
The following incandescent lamps are not general service
lamps: appliance, black light, bug, colored, infrared, left-
hand thread, marine, marine signal service, mine service,
plant light, reflector, rough service, shatter resistant,
sign service, silver bowl, three-way, traffic signal, and
vibration service or vibration resistant.
(B) The term ``appliance lamp'' means any lamp specifically
designed to operate in a
[[Page 23088]]
household appliance. Examples of appliance lamps include oven
lamps, refrigerator lamps, and vacuum cleaner lamps.
(C) The term ``black light lamp'' means a lamp that emits
radiant energy in the UV-A band (315-400 nm) and is
designated and marketed as a ``black light''.
(D) The term ``bug lamp'' means a lamp that contains a
filter to suppress the blue and green portions of the visible
spectrum and is designated and marketed as a ``bug light''.
(E) The term ``colored incandescent lamp'' means an
incandescent lamp designated and marketed as a colored lamp
that has a CRI of less than 50, as determined according to
the test method given in CIE publication 13.2, and has a
correlated color temperature less than 2,500K, or greater
than 4,600K, where correlated color temperature is defined as
the absolute temperature of a blackbody whose chromaticity
nearly resembles that of the light source.
(F) The term ``infrared lamp'' means a lamp that radiates
predominately in the infrared region of the electromagnetic
spectrum, and where visible radiation is not of principal
interest.
(G) The term ``lamp'' means an electrical appliance that
includes a glass envelope and produces optical radiation for
the purpose of visual illumination, designed to be installed
into a luminaire by means of an integral lamp-holder. Types
of lamps include incandescent, fluorescent, and high
intensity discharge (high pressure sodium and metal halide).
(H) The term ``left-handed thread lamp'' means a lamp on
which the base screws into a lamp socket in a counter-
clockwise direction, and screws out of a lamp socket in a
clockwise direction.
(I) The term ``marine lamp'' means a lamp specifically
designed and marketed to operate in a marine application.
(J) The term ``marine signal service lamp'' means a lamp
specifically designed to provide signals to marine vessels
for seaway safety.
(K) The term ``mine service lamp'' means a lamp
specifically designed and marketed for use in mine
applications.
(L) The term ``plant light lamp'' means a lamp that
contains a filter to suppress yellow and green portions of
the spectrum and is designated and marketed as a ``plant
light''.
(M) The term ``rough service lamp'' means a lamp that has a
minimum of 5 supports with filament configurations similar to
but not limited to C7A, C11, C17, and C22 as listed in Figure
6-12 of the 9th edition of the IESNA Lighting handbook, where
lead wires are not counted as supports and that is designated
and marketed specifically for ``rough service'' applications.
(N) The term ``shatter resistant lamp'' means a lamp with
an external coating on the bulb wall to resist breakage and
which is designated and marketed as a shatter resistant lamp.
(O) The term ``showcase lamp'' means a lamp that has a
tubular bulb with a conventional screw base and which is
designated and marketed as a showcase lamp.
(P) The term ``sign service lamp'' means a lamp of the
vacuum type or gas-filled with sufficiently low bulb
temperature to permit exposed outdoor use on high-speed
flashing circuits. The designation shall be on the lamp
packaging, and marketing materials shall identify the lamp as
being a sign service lamp.
(Q) The term ``silver bowl lamp'' means a lamp that has a
reflective coating applied directly to part of the bulb
surface and that reflects light in a backward direction
toward the lamp base. The designation shall be on the lamp
packaging, and marketing materials shall identify the lamp as
being a silver bowl lamp or similar designation.
(R) The term ``three-way lamp'' means a lamp that employs
two filaments, operated separately and in combination, to
provide three light levels. The designation shall be on the
lamp packaging, and marketing materials shall identify the
lamp as being a three-way lamp.
(S) The term ``traffic signal lamp'' means a lamp that is
designed with lifetime, wattage, focal length, filament
configuration, mounting, lamp glass, and lamp base
characteristics appropriate for use in traffic signals.
(T) The term ``vibration service lamp'' or ``vibration
resistant lamp'' means a lamp with filament configurations
similar to but not limited to C-5, C-7A, or C-9, as listed in
Figure 6-12 of the 9th Edition of the IESNA Lighting
Handbook. The lamp is designated and marketed specifically
for vibration service or vibration resistant applications.
The designation shall be on the lamp packaging, and marketing
materials shall identify the lamp as being vibration
resistant or vibration service.
(b) Incentive Plan and Public Education.--
(1) Incentive plan.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Energy shall
transmit to the Congress a plan for encouraging and providing
incentives for the domestic production of light bulbs by
United States manufacturers that meet the efficacy levels
shown in the table in subsection (a)(1)(B).
(2) Labeling rulemaking.--The Federal Trade Commission
shall conduct a rulemaking to consider the effectiveness of
current lamp labeling requirements and to consider
alternative labeling approaches that will help consumers to
understand new high-efficiency lamp products. Such labeling
shall include, at a minimum, information on lighting output
(lumens), input power (watts), efficiency (lumens per watt),
lamp rated lifetime (hours), annual or lifetime energy
operating cost, and any hazardous materials (such as mercury)
that may be contained in lamp products. The Federal Trade
Commission shall complete this rulemaking within one year
after the date of enactment of this Act.
(3) National sales data tracking system.--The Secretary of
Energy shall develop and implement within one year after the
date of enactment of this Act a national sales data tracking
system in conjunction with the National Electrical
Manufacturers Association and other stakeholders for lamp
technologies, including Light Emitting Diodes, halogens,
incandescents, and compact fluorescent lamps.
(c) Report on Mercury Use and Release.--Not later than 1
year after the date of enactment of this Act, the Secretary
of Energy, 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 general service lamps.
SEC. 9022. INCANDESCENT REFLECTOR LAMPS.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes (excluding ER or
BR)'' and inserting ``ER, BR, BPAR, or similar bulb shapes'';
and
(ii) by striking ``2.75'' and inserting ``2.25''; and
(B) by striking ``is either--'' and all that follows
through subclause (II) and inserting ``has a rated wattage
that is greater than 40 watts.''; and
(2) by adding at the end the following:
``(53) 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.
``(54)(A) The term `BR incandescent reflector lamp' means a
reflector lamp that has--
``(i) a bulged section below the major diameter of the bulb
and above the approximate baseline of the bulb, as shown in
figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by
reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
including the referenced reflective characteristics in part 7
of ANSI C78.21.
``(B) The term `BR30' refers to a BR incandescent reflector
lamp with a diameter of 30/8ths of an inch and the term
`BR40' refers to a BR incandescent reflector lamp with a
diameter of 40/8ths of an inch.
``(55)(A) The term `ER incandescent reflector lamp' means a
reflector lamp that has--
``(i) an elliptical section below the major diameter of the
bulb and above the approximate baseline of the bulb, as shown
in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated
by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the date of enactment
of this paragraph).
``(B) The term `ER30' refers to an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch and the
term `ER40' refers to an ER incandescent reflector lamp with
a diameter of 40/8ths of an inch.
``(56) The term `R20 incandescent reflector lamp' means a
reflector lamp that has a face diameter of approximately 2.5
inches, as shown in figure 1(R) on page 7 of ANSI C79.1-
1994.''.
(b) Standards for Fluorescent Lamps and Incandescent
Reflector Lamps.--Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6925(i)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph,
except as specified in subparagraphs (C) and (D), the term
`effective date' means, with respect to each type of lamp
specified in a table contained in subparagraph (B), the last
day of the period of months corresponding to that type of
lamp, as specified in the table, that follows the date of
enactment of the Energy Efficiency Improvement Act of 2007.
``(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector lamps
manufactured after the effective date specified in the tables
contained in this paragraph shall meet or exceed the
following lamp efficacy and CRI standards:
[[Page 23089]]
``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin............ >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................. >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................. 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output.............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum
Average Effective
Nominal Lamp Wattage Lamp Date
Efficacy (Period of
(LPW) Months)
------------------------------------------------------------------------
40-50........................................ 10.5 36
51-66........................................ 11.0 36
67-85........................................ 12.5 36
86-115....................................... 14.0 36
116-155....................................... 14.5 36
156-205....................................... 15.0 36
------------------------------------------------------------------------
``(C) Exemptions.--The standards specified in subparagraph
(B) shall not apply to the following types of incandescent
reflector lamps:
``(i) Lamps rated at 50 watts or less of the following
types: ER30, BR30, BR40, and ER40 lamps.
``(ii) Lamps rated at 65 watts of the following types:
BR30, BR40, and ER40 lamps.
``(iii) R20 incandescent reflector lamps of 45 watts or
less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--Except as provided in
subparagraph (A), the standards specified in subparagraph (B)
shall apply with respect to ER incandescent reflector lamps,
BR incandescent reflector lamps, BPAR incandescent reflector
lamps, and similar bulb shapes on and after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on and
after January 1, 2008.''.
SEC. 9023. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND
BULBS.
(a) In General.--Chapter 33 of title 40, United States
Code, is amended--
(1) by redesignating sections 3313, 3314, and 3315 as
sections 3314, 3315, and 3316, respectively; and
(2) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and
bulbs
``(a) Construction and Alteration of Public Buildings.--
Each public building constructed or significantly altered by
the Administrator of General Services shall be equipped, to
the maximum extent feasible as determined by the
Administrator, with lighting fixtures and bulbs that are
energy efficient.
``(b) Maintenance of Public Buildings.--Each lighting
fixture or bulb that is replaced by the Administrator in the
normal course of maintenance of public buildings shall be
replaced, to the maximum extent feasible as determined by the
Administrator, with a lighting fixture or bulb that is energy
efficient.
``(c) Considerations.--In making a determination under this
section concerning the feasibility of installing a lighting
fixture or bulb that is energy efficient, the Administrator
shall consider--
``(1) the life cycle cost effectiveness of the fixture or
bulb;
``(2) the compatibility of the fixture or bulb with
existing equipment;
``(3) whether use of the fixture or bulb could result in
interference with productivity;
``(4) the aesthetics relating to use of the fixture or
bulb; and
``(5) such other factors as the Administrator determines
appropriate.
``(d) Energy Star.--A lighting fixture or bulb shall be
treated as being energy efficient for purposes of this
section if--
``(1) the fixture or bulb is certified under the Energy
Star program established by section 324A of the Energy Policy
and Conservation Act (42 U.S.C. 6294a);
``(2) in the case of all LED luminaires, lamps, and systems
whose efficacy (lumens per watt) and Color Rendering Index
(CRI) meet the requirements for minimum luminaire efficacy
and CRI for the Energy Star certification, as verified by an
independent third-party testing laboratory that conducts its
tests according to the procedures and recommendations of the
Illuminating Engineering Society of North America, even if
these luminaires, lamps, and systems have not received such
certification; or
``(3) the Administrator has otherwise determined that the
fixture or bulb is energy efficient.
``(e) Significant Alterations.--A public building shall be
treated as being significantly altered for purposes of
subsection (a) if the alteration is subject to congressional
approval under section 3307.
``(f) Effective Date.--The requirements of subsections (a)
and (b) shall take effect one year after the date of
enactment of this subsection.''.
(b) Conforming Amendment.--The analysis for chapter 33 of
title 40, United States Code, is amended by striking the
items relating to sections 3313, 3314, and 3315 and inserting
the following:
``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Delegation.
``3315. Report to Congress.
``3316. Certain authority not affected.''.
SEC. 9024. METAL HALIDE LAMP FIXTURES.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended by adding at the
end the following:
``(57) The term `ballast' means a device used with an
electric discharge lamp to obtain necessary circuit
conditions (voltage, current, and waveform) for starting and
operating.
``(58) The term `metal halide lamp' means a high intensity
discharge lamp in which the major portion of the light is
produced by radiation of metal halides and their products of
dissociation, possibly in combination with metallic vapors.
``(59) The term `metal halide lamp fixture' means a light
fixture for general lighting application designed to be
operated with a metal halide lamp and a ballast for a metal
halide lamp.
``(60) The term `metal halide ballast' means a ballast used
to start and operate metal halide lamps.
``(61) The term `pulse-start metal halide ballast' means an
electronic or electromagnetic ballast that starts a pulse
start metal halide lamp with high voltage pulses. Lamps are
started by first providing a high voltage pulse for
ionization of the gas to produce a glow discharge. To
complete the starting process, power is provided by the
ballast to sustain the discharge through the glow-to-arc
transition.
``(62) The term `probe-start metal halide ballast' means a
ballast that starts a probe start metal halide lamp which
contains a third starting electrode (probe) in the arc tube.
This ballast does not generally contain an igniter and
instead starts lamps with high ballast open circuit voltage.
``(63) The term `electronic ballast' means a device that
uses semiconductors as the primary means to control lamp
starting and operation.
``(64) The term `general lighting application' means
lighting that provides an interior or exterior area with
overall illumination.
``(65) The term `ballast efficiency' for a high intensity
discharge fixture means the efficiency of a lamp and ballast
combination, expressed as a percentage, and calculated by
Efficiency = Pout/Pin, as measured. Pout is the measured
operating lamp wattage, and Pin is the measured operating
input wattage. The lamp, and the capacitor when it is
provided, is to constitute a nominal system in accordance
with the ANSI Standard C78.43- 2004. Pin and Pout are to be
measured after lamps have been stabilized according to
Section 4.4 of ANSI Standard C82.6-2005 using a wattmeter
with accuracy specified in Section 4.5 of ANSI Standard
C82.6-2005 for ballasts with a frequency of 60 Hz, and shall
have a basic accuracy of 0.5 percent at the
higher of--
``(A) three times the output operating frequency of the
ballast; or
``(B) 2 kHz for ballast with a frequency greater than 60
Hz.
The Secretary may, by rule, modify this definition if he
determines that such modification is necessary or appropriate
to carry out the purposes of this Act.''.
(b) Coverage.--Section 322(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)) is amended--
[[Page 23090]]
(1) by redesignating paragraph (19) as paragraph (20); and
(2) by inserting after paragraph (18) the following:
``(19) Metal halide lamp fixtures.''.
(c) Test Procedures.--Section 323(c) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(c)) is amended by adding
at the end the following:
``(17) Test procedures for metal halide lamp ballasts shall
be based on American National Standards Institute Standard
C82.6-2005, entitled `Ballasts for High Intensity Discharge
Lamps--Method of Measurement'.''.
(d) Labeling.--Section 324(a)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
(1) by redesignating subparagraphs (C) through (G) as
subparagraphs (D) through (H), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) The Commission shall prescribe labeling rules under
this section applicable to the covered product specified in
paragraph (19) of section 322(a) and to which standards are
applicable under section 325. Such rules shall provide that
the labeling of any metal halide lamp fixture manufactured on
or after the later of January 1, 2009, or nine months after
enactment of this subparagraph, will indicate conspicuously,
in a manner prescribed by the Commission under subsection (b)
by July 1, 2008, a capital letter `E' printed within a circle
on the packaging of the fixture, and on the ballast contained
in such fixture.''.
(e) Standards.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended--
(1) by redesignating subsection (gg) as subsection (hh);
(2) by inserting after subsection (ff) the following:
``(gg) Metal Halide Lamp Fixtures.--
``(1)(A) Metal halide lamp fixtures designed to be operated
with lamps rated greater than or equal to 150 watts but less
than or equal to 500 watts shall contain--
``(i) a pulse-start metal halide ballast with a minimum
ballast efficiency of 88 percent;
``(ii) a magnetic probe-start ballast with a minimum
ballast efficiency of 94 percent; or
``(iii) a non-pulse-start electronic ballast with a minimum
ballast efficiency of 92 percent for wattages greater than
250 watts and a minimum ballast efficiency of 90 percent for
wattages less than or equal to 250 watts.
``(B) The standards in subparagraph (A) do not apply to
fixtures with regulated lag ballasts, fixtures that use
electronic ballasts that operate at 480 volts, or fixtures
that meet all of the following criteria:
``(i) Rated only for 150 watt lamps.
``(ii) Rated for use in wet locations as specified by the
National Electrical Code 2002, Section 410.4(A).
``(iii) Contain a ballast that is rated to operate at
ambient air temperatures above 50o C as specified
by UL 1029-2001.
``(C) The standard in subparagraph (A) shall apply to metal
halide lamp fixtures manufactured on or after the later of
January 1, 2009, or 9 months after the date of enactment of
this subsection.
``(2) Not later than January 1, 2012, the Secretary shall
publish a final rule to determine whether the standards
established under paragraph (1) should be amended. Such final
rule shall contain the amended standards, if any, and shall
apply to products manufactured after January 1, 2015.
``(3) Not later than January 1, 2019, the Secretary shall
publish a final rule to determine whether the standards then
in effect should be amended. Such final rule shall contain
the amended standards, if any, and shall apply to products
manufactured after January 1, 2022.
``(4) Notwithstanding any other provision of law, any
standard established pursuant to this subsection may contain
both design and performance requirements.''; and
(3) in subsection (hh), as so redesignated by paragraph (1)
of this subsection, by striking ``(ff)'' both places it
appears and inserting ``(gg)''.
(f) Effect on Other Law.--Section 327(c) of the Energy
Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) by striking the period at the end of paragraph (8)(B)
and inserting ``; and''; and
(2) by adding at the end the following:
``(9) is a regulation concerning metal halide lamp fixtures
adopted by the California Energy Commission on or before
January 1, 2011. If the Secretary fails to issue a final rule
within 6 months after the deadlines for rulemakings in
section 325(gg) then, notwithstanding any other provision of
this section, preemption does not apply to a regulation
concerning metal halide lamp fixtures adopted by the
California Energy Commission on or before July 1, 2015, if
the Secretary misses the deadline specified in paragraph (2)
of section 325(gg), or on or before July 1, 2022, if the
Secretary misses the deadline specified in paragraph (3) of
section 325(gg).''.
PART 3--RESIDENTIAL BUILDING EFFICIENCY
SEC. 9031. ENCOURAGING STRONGER BUILDING CODES.
(a) In General.--Section 304 of the Energy Conservation and
Production Act (42 U.S.C. 6833) is amended to read as
follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Updating National Model Building Energy Codes.--(1)
The Secretary shall support updating the national model
building energy codes and standards at least every three
years to achieve overall energy savings, compared to the 2006
IECC for residential buildings and ASHRAE Standard 90.1 2004
for commercial buildings, of at least--
``(A) 30 percent by 2010;
``(B) 50 percent by 2020; and
``(C) targets to be set by the Secretary in intermediate
and subsequent years, at the maximum level of energy
efficiency that is technologically feasible and life-cycle
cost effective.
``(2)(A) Whenever the provisions of the IECC or ASHRAE
Standard 90.1 regarding building energy use are revised, the
Secretary shall, not later than 6 months after the date of
such revision, determine--
``(i) whether such revision will improve energy efficiency
in buildings; and
``(ii) whether such revision will meet the targets under
paragraph (1).
``(B) If the Secretary makes a determination under
subparagraph (A)(ii) that a code or standard does not meet
the targets under paragraph (1), or if a national model code
or standard is not updated for more than three years, then
the Secretary shall within 12 months propose a modified code
or standard that meets such targets. Any such modified code
or standard shall achieve the maximum level of energy savings
that are technically feasible and economically justified,
incorporating available appliances, technologies, materials,
and construction practices. The modified code or standard
shall serve as the baseline for the next determination under
subparagraph (A)(i).
``(C) The Secretary shall provide the opportunity for
public comment on targets, determinations, and modified codes
and standards under this subsection, and shall publish notice
of targets, determinations, and modified codes and standards
under this subsection in the Federal Register.
``(b) State Certification of Building Energy Code
Updates.--(1) Not later than 2 years after the date of
enactment of the Energy Efficiency Improvement Act of 2007,
each State shall certify to the Secretary that it has
reviewed and updated the provisions of its residential and
commercial building codes regarding energy efficiency. Such
certification shall include a demonstration that such State's
code provisions meet or exceed the 2006 IECC for residential
buildings and the ASHRAE Standard 90.1-2004 for commercial
buildings, or achieve equivalent or greater energy savings.
``(2)(A) If the Secretary makes an affirmative
determination under subsection (a)(2)(A)(i) or proposes a
modified code or standard under subsection (a)(2)(B), each
State shall within 2 years certify that it has reviewed and
updated the provisions of its building code regarding energy
efficiency. Such certification shall include a demonstration
that such State's code provisions meet or exceed the revised
code or standard, or achieve equivalent or greater energy
savings.
``(B) If the Secretary fails to make a determination under
subsection (a)(2)(A)(i) by the date specified in subsection
(a)(2), or makes a negative determination, each State shall
within 2 years after the specified date or the date of the
determination, certify that it has reviewed the revised code
or standard, and updated the provisions of its building code
regarding energy efficiency to meet or exceed any provisions
found to improve energy efficiency in buildings, or to
achieve equivalent or greater energy savings in other ways.
``(c) State Certification of Compliance With Building
Codes.--(1) Each State shall, not later than 3 years after a
certification under subsection (b), certify that it has
achieved compliance with the certified building energy code.
Such certification shall include documentation of the rate of
compliance based on independent inspections of a random
sample of the new and renovated buildings covered by the code
in the preceding year.
``(2) A State shall be considered to achieve compliance
under paragraph (1) if--
``(A) at least 90 percent of new and renovated buildings
covered by the code in the preceding year substantially meet
all the requirements of the code; or
``(B) the estimated excess energy use of new and renovated
buildings that did not meet the code in the preceding year,
compared to a baseline of comparable buildings that meet the
code, is not more than 10 percent of the estimated energy use
of all new and renovated buildings covered by the code in the
preceding year.
``(d) Failure to Meet Deadlines.--(1) The Secretary shall
permit extensions of the deadlines for the certification
requirements under subsections (b) and (c) of this section
for up to 1 year if a State can demonstrate that it has made
a good faith effort to comply with such requirements and that
it has made significant progress in doing so.
``(2) Any State for which the Secretary has not accepted a
certification by a deadline under subsection (b) or (c) of
this section, with any extension granted under paragraph (1),
is out of compliance with this section.
``(3) In any State that is out of compliance with this
section, a local government may be in compliance with this
section by meeting the certification requirements under
subsections (b) and (c) of this section.
[[Page 23091]]
``(e) Technical Assistance.--(1) The Secretary shall
provide technical assistance, including building energy
analysis and design tools, building demonstrations, and
design assistance and training to enable the national model
building energy codes and standards to meet the targets in
subsection (a)(1).
``(2) The Secretary shall provide technical assistance to
States to implement the requirements of this section,
including procedures for States to demonstrate that their
code provisions achieve equivalent or greater energy savings
than the national model codes and standards, and to improve
and implement State residential and commercial building
energy efficiency codes or to otherwise promote the design
and construction of energy efficient buildings.
``(f) Availability of Incentive Funding.--(1) The Secretary
shall provide incentive funding to States to implement the
requirements of this section, and to improve and implement
State residential and commercial building energy efficiency
codes, including increasing and verifying compliance with
such codes. In determining whether, and in what amount, to
provide incentive funding under this subsection, the
Secretary shall consider the actions proposed by the State to
implement the requirements of this section, to improve and
implement residential and commercial building energy
efficiency codes, and to promote building energy efficiency
through the use of such codes.
``(2) Additional funding shall be provided under this
subsection for implementation of a plan to achieve and
document at least a 90 percent rate of compliance with
residential and commercial building energy efficiency codes,
based on energy performance--
``(A) to a State that has adopted and is implementing, on a
Statewide basis--
``(i) a residential building energy efficiency code that
meets or exceeds the requirements of the 2006 IECC, or any
succeeding version of that code that has received an
affirmative determination from the Secretary under subsection
(a)(2)(A)(i); and
``(ii) a commercial building energy efficiency code that
meets or exceeds the requirements of the ASHRAE Standard
90.1-2004, or any succeeding version of that standard that
has received an affirmative determination from the Secretary
under subsection (a)(2)(A)(i); or
``(B) in a State in which there is no Statewide energy code
either for residential buildings or for commercial buildings,
or where State codes fail to comply with subparagraph (A), to
a local government that has adopted and is implementing
residential and commercial building energy efficiency codes,
as described in subparagraph (A).
``(3) Of the amounts made available under this subsection,
the Secretary may use amounts required, not exceeding
$500,000 for each State, to train State and local officials
to implement codes described in paragraph (2).
``(4)(A) There are authorized to be appropriated to carry
out this subsection--
``(i) $25,000,000 for each of fiscal years 2008 through
2012; and
``(ii) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
``(B) Funding provided to States under paragraph (2) for
each fiscal year shall not exceed one-half of the excess of
funding under this subsection over $5,000,000 for the fiscal
year.''.
(b) Definition.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended by adding at the
end the following new paragraph:
``(17) The term `IECC' means the International Energy
Conservation Code.''.
SEC. 9032. ENERGY CODE IMPROVEMENTS APPLICABLE TO
MANUFACTURED HOUSING.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, the Secretary of Energy shall by
regulation establish standards for energy efficiency in
manufactured housing. ``Such standards shall be established
after notice and an opportunity for comment by manufacturers
of manufactured housing and other interested parties, and
after consultation with the Secretary of Housing and Urban
Development who may seek further counsel from the
Manufactured Housing Consensus Committee.''ltation with the
Secretary of Housing and Urban Development who may seek
further counsel from the Manufactured Housing Consensus
Committee.''
(b) Certain Requirements.--The regulations under subsection
(a) shall be in accordance with the following:
(1) The energy conservation standards established under
this subsection shall be based on the most recent version of
the International Energy Conservation Code (including
supplements) except where the Secretary finds that such code
is not cost-effective, or a more stringent standard would be
more cost-effective, based on total life-cycle construction
and operating costs.
(2) The energy conservation standards established under
this subsection 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 those
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) The energy conservation standards established under
this subsection shall be updated within one year after the
date of enactment of this Act and within one 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.
SEC. 9033. BASELINE BUILDING DESIGNS.
Section 327(f)(3)(D) of the Energy Policy and Conservation
Act (42 U.S.C. 6297(f)(3)(D)) is amended to read as follows:
``(D) If the code uses one or more baseline building
designs against which all submitted building designs are to
be evaluated and such baseline building designs contain a
covered product subject to an energy conservation standard
established in or prescribed under section 325, the baseline
building designs are based on the efficiency level for such
covered product which--
``(i) meets but does not exceed such standard;
``(ii) is the efficiency level required by a regulation of
that State for which the Secretary has issued a rule granting
a waiver under subsection (d) of this section; or
``(iii) is a level that, when evaluated in the baseline
building design, the State has found to be feasible and cost-
effective.''.
SEC. 9034. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE
PROGRAM.
(a) Amendment.--Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking
``$500,000,000 for fiscal year 2006, $600,000,000 for fiscal
year 2007, and $700,000,000 for fiscal year 2008'' and
inserting ``$600,000,000 for fiscal year 2007, and
$750,000,000 for each of fiscal years 2008, 2009, 2010, 2011,
and 2012. From those sums, the Secretary is authorized to
initiate an Alternative Delivery System Pilot Project to
examine options for decreasing energy consumption associated
with heating and cooling while increasing household
participation by focusing on key energy saving components.
Alternative Delivery System Pilot Projects should be
undertaken in both hot and cold urban areas. In implementing
the Alternative Delivery System Pilot Project, the Secretary
shall consider (1) the expected effectiveness and benefits of
the proposed Pilot Project to low- and moderate-income energy
consumers; (2) the potential for replication of successful
results; (3) the impact on the energy costs of those served;
and (4) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial
partnerships. Funding for such projects may equal up to two
percent of funding in any fiscal year, provided that no
funding is utilized for such demonstrations in any fiscal
year in which Weatherization appropriations are less than
$275,000,000.'' after ``cold urban areas.''.
(b) Sustainable Energy Resources for Consumers Grants.--(1)
The Secretary of Energy may make funding available to local
Weatherization agencies from amounts authorized under the
amendment made by subsection (a) to expand the weatherization
assistance program for residential buildings to include
materials, benefits, and renewable and domestic energy
technologies not currently covered by the program, provided
that the State Weatherization grantee has certified that the
applicant has the capacity to carry out the proposed
activities and that the grantee will include the project in
its financial oversight of the Weatherization Assistance
program.
(2) In selecting the grants, the program shall give
priority to--
(A) the expected effectiveness and benefits of the proposed
project to low- and moderate income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy costs of
those served; and
(D) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial
partnerships.
(3) Funding for such projects may equal up to two percent
of funding in any fiscal year, provided that no funding is
utilized for Sustainable Energy Resources for Consumers
grants in any fiscal year in which Weatherization
appropriations are less than $275,000,000.
PART 4--COMMERCIAL AND FEDERAL BUILDING EFFICIENCY
SEC. 9041. DEFINITIONS.
In this part:
(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 9042(c)(2).
(3) Commercial director.--The term Commercial Director
means the individual appointed to the position established
under section 9043(a).
(4) Consortium.--The term ``Consortium'' means the High-
Performance Green Building
[[Page 23092]]
Partnership Consortium created in response to section
9042(c)(1) to represent the private sector in a public-
private partnership to promote high-performance green
buildings and zero-net-energy commercial buildings.
(5) Federal director.--The term ``Federal Director'' means
the individual appointed to the position established under
section 9042(a).
(6) 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.
(7) High-performance green building.--The term ``high-
performance green building'' means a 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.
(8) 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.
(9) 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.
(10) 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.
(11) Office of commercial high-performance green
buildings.--The term ``Office of Commercial High-Performance
Green Buildings'' refers to the office established under
section 9043(a).
(12) Office of federal high-performance green buildings.--
The term ``Office of Federal High-Performance Green
Buildings'' refers to the Office established undersection
9042(a).
(13) 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.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(15) 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.
SEC. 9042. 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 Commercial High-
Performance Green Buildings; and
(2) carry out other duties as required under this part.
(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;
(2) ensure full coordination of high-performance green
building information and activities within the General
Services Administration and all relevant agencies, including,
at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services; and
(F) the Department of Defense;
(3) establish a senior-level Federal Green Building
Advisory Committee, which shall provide advice and
recommendations in accordance with subsection (d);
(4) identify and biennially reassess improved or higher
rating standards recommended by the Advisory Committee;
(5) ensure full coordination of research and development
information relating to Federal high-performance green
building initiatives;
(6) identify and develop Federal high-performance green
building standards that could be used for all types of
Federal facilities;
(7) establish green practices that can be used throughout
the life of a Federal facility; and
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to
Congress, in accordance with subsection (d).
(d) Additional Duties.--The Federal Director, in
coordination with the Commercial Director and the Advisory
Committee, 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.--As soon as practicable after the date of
enactment of this Act, the Federal Director shall identify
incentives to encourage the use of high-performance green
buildings and related technology in the operations of the
Federal Government, including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies for use in reinvesting
in future 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 shall submit to Congress a report that--
(1) describes the status of the 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 part; 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 inhibit new and existing Federal facilities from
becoming high-performance green buildings;
(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;
[[Page 23093]]
(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) 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).
SEC. 9043. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Establishment of Office.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall
establish within the Department of Energy, Office of Energy
Efficiency and Renewable Energy, an Office of Commercial
High-Performance Green Buildings, and appoint an individual
to serve as Commercial Director in, a position in the career-
reserved Senior Executive service, to--
(1) establish and manage the Office of Commercial High-
Performance Green Buildings; and
(2) carry out other duties as required under this part.
(b) Compensation.--The compensation of the Commercial
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 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 of Energy 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; and
(5) establish a national high-performance green building
clearinghouse in accordance withsection 9045(1), which shall
provide high-performance green building information 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 part 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
part, 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; and
(8) 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; and
(J) 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 part 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 part and other Federal
programs affecting commercial high-performance green
buildings in effect as of the date of the report, including--
(A) the extent to which the programs are being carried out
in accordance with this part; 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. 9044. ZERO-ENERGY COMMERCIAL BUILDINGS INITIATIVE.
(a) Goal.--The Commercial Director, in partnership with the
Consortium, shall periodically study and refine a national
goal to reduce commercial building energy use and achieve
zero-net-energy commercial buildings. Unless the Commercial
Director concludes that such targets are unachievable or
unrealistic, the goal shall include objectives that--
(1) all new commercial buildings constructed after the
beginning of 2025 are zero-net-energy commercial buildings;
(2) by 2035, 50 percent of the then existing stock of
commercial buildings that were constructed before 2025 are
zero-net-energy commercial buildings; and
(3) by 2050, all commercial buildings are zero-net-energy
commercial buildings.
(b) Strategy.--The Commercial Director, in partnership with
the Consortium, shall develop a market transformation
strategy intended to achieve the adopted goal by
significantly accelerating the development and widespread
deployment of energy efficiency technologies, practices, and
policies in both new and existing commercial buildings, and
by leveraging State, utility, and private sector commercial
building energy efficiency programs.
(c) Initiative.--The Commercial Director, in partnership
with the Consortium, shall implement an initiative to carry
out the strategy that may include--
(1) support for industry efforts to develop advanced
materials, equipment, controls, practices, and integrated
building systems aimed at achieving zero-net-energy
commercial buildings and monitoring and benchmarking
commercial building energy use;
(2) training, education, and awareness programs,
including--
(A) programs in cooperation with industry and professional
associations and educational institutions to provide
education on achieving sustainable and energy-efficient
performance through proper system and structure design,
construction, and operation to--
(i) architects;
(ii) mechanical, electrical, and plumbing engineers;
(iii) contractors; and
(iv) construction managers and facility managers;
(B) programs to incorporate energy efficiency and
sustainability elements into architecture, engineering, and
vocational training and certification curricula, including
professional certification and continuing education programs;
and
(C) regional and national public education campaigns to
educate real estate, finance,
[[Page 23094]]
and other commercial buildings professionals and the general
public about the opportunities for energy and cost savings
and associated environmental and health benefits associated
with high-performance green buildings;
(3) pilot projects to demonstrate and document the
performance of scalable and replicable technologies,
practices, and policies to achieve high-performance green
buildings and zero-net-energy commercial buildings,
including--
(A) pilot projects representing each market segment or
building type in each climate region that include current
best practice in integrated design, technology and systems,
construction, commissioning, operation, and building
information management;
(B) pilot projects, in cooperation with State and local
governments, in public buildings; and
(C) pilot projects, in cooperation with public school
districts and colleges and universities, to--
(i) demonstrate such technologies and practices in new and
existing facilities;
(ii) involve students and faculty members in integrating
energy efficiency and high-performance green building
concepts and measures within the educational curriculum; and
(iii) use education facilities as showcases to communicate
these concepts to the community;
(4) technical assistance and funding of pilot projects for
the development and use of new building energy design
standards, model designs, model energy codes, and incentives
and other policies, to be provided to designers, builders,
developers, commercial building owners, and utility and
government energy efficiency programs, including--
(A) support for code and standards organizations to develop
aggressive model energy codes, beyond-code guidelines, and
code compliance programs for new and existing buildings;
(B) assistance to utilities, builders, and State and local
officials in developing, implementing, and evaluating pilot
programs to achieve building design and actual energy
performance that meet and exceed performance levels in the
model energy codes; and
(C) support for development and dissemination of model
programs and policies that provide incentives for high-
performance green buildings, such as accelerated zoning and
construction permitting and inspections, density bonuses, and
State and local tax incentives;
(5) technical assistance and funding of pilot projects for
innovative market-based initiatives to advance energy-
efficient technologies and practices in new and existing
commercial buildings, provided to State agencies, utilities,
and other entities, including--
(A) design assistance and incentives for incorporating
sustainability and energy efficiency beginning with the first
stages of building design and continuing through start-up
commissioning and long-term operation;
(B) performance-based design and construction fees for
high-performance green construction and renovation;
(C) equipment leasing and financing strategies for energy
efficiency upgrades of new and replacement commercial
building equipment;
(D) trade-in programs for early retirement of low-
efficiency commercial building equipment and system
components, such as motors, air conditioners, boilers,
lighting, and windows;
(E) improved methods of energy performance contracting to
reduce transaction costs and encourage the use of third-party
funding and expertise for energy-efficient retrofitting of
existing commercial buildings;
(F) improved model protocols for commercial building energy
audits, energy performance measurement and verification,
continuous commissioning, and ongoing performance monitoring
and diagnostics; and
(G) strategies to reduce barriers to energy efficiency
investment by addressing split incentives between commercial
building owners and tenants;
(6) development, dissemination, technical assistance, and
pilot project activities to improve the practice of
monitoring, benchmarking, and disclosure of actual commercial
building energy performance and operating costs, including--
(A) improved methods of measuring and compiling energy
performance data on a statistically significant share of
commercial new construction, renovation, and energy retrofit
projects;
(B) development and dissemination of energy performance
metrics for the commercial building stock and for important
subcategories of commercial buildings;
(C) improved methods of providing energy performance
feedback to commercial building owners, operators, and
occupants, including real-time feedback and comparisons to
performance goals, past performance, and similar buildings;
(D) voluntary programs at the national, regional, and
sectoral levels to recognize and reward commercial buildings
with exceptional performance or performance improvement;
(E) increased availability and use of tools for post
occupancy assessment of energy efficiency and occupant
satisfaction with commercial high-performance green
buildings, and for measuring and documenting non-energy
financial and other benefits of such buildings;
(7) in cooperation with the Energy Information
Administration and with utility, State, and private sector
organizations, development and application of improved
methods for assessing trends in the energy performance of the
commercial buildings stock, new construction, and building
renovations, by building type and region, in order to track
progress toward the goals adopted under subsection (a); and
(8) such otherwise authorized activities that the Secretary
and the Commercial Director determine are necessary to the
success of the initiative.
SEC. 9045. PUBLIC OUTREACH.
The Commercial 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 on using tools
and resources to make more cost-effective, energy-efficient,
health-protective, and environmentally beneficial decisions
for constructing high-performance green buildings,
particularly tools available to conduct life-cycle costing
and life-cycle assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings;
(6) using such other methods as are determined by the
Commercial Director to be appropriate;
(7) surveying existing research and studies relating to
high-performance green buildings;
(8) coordinating activities of common interest;
(9) developing and recommending a high-performance green
building practices that--
(A) identify information and research needs, including the
relationships between health, occupant productivity, and each
of--
(i) pollutant emissions from materials and products in the
building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
and
(B) promote the development and dissemination of high-
performance green building measurement tools that, at a
minimum, may be used--
(i) to monitor and assess the life-cycle performance of
facilities (including demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments;
(10) studying and identifying potential benefits of high-
performance green buildings relating to security, natural
disaster, and emergency needs of the Federal Government; and
(11) supporting other research initiatives determined by
the Office of Commercial High-Performance Green Buildings.
SEC. 9046. FEDERAL PROCUREMENT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Director of the Office of Federal
Procurement Policy, in consultation with the Federal
Director, the Commercial Director, and the Under Secretary of
Defense for Acquisition, Technology, and Logistics, shall
promulgate revisions of the applicable acquisition
regulations, to take effect as of the date of promulgation of
the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major
renovation) of any facility--
(A) to employ integrated design principles;
(B) to improve site selection for environmental and
community benefits;
(C) to optimize building and systems energy performance;
[[Page 23095]]
(D) to protect and conserve water;
(E) to enhance indoor environmental quality; and
(F) to reduce environmental impacts of materials and waste
flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that--
(A) are energy-efficient; and
(B) to the maximum extent practicable, have applied
contemporary high-performance and sustainable design
principles during construction or renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a),
the Director of the Office of Procurement Policy shall issue
guidance to all Federal procurement executives providing
direction and instructions to renegotiate the design of
proposed facilities, renovations for existing facilities, and
leased facilities to incorporate improvements that are
consistent with this section.
SEC. 9047. 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) Facility energy managers.--
``(A) In general.--Each Federal agency shall designate a
manager responsible for implementing this subsection and
reducing energy use at each building or 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, each Federal building or
facility with greater than 40,000 square feet of space or
greater than $75,000 per year in energy costs, including
central utility plants and distribution systems and other
energy intensive operations, and that constitute in the
aggregate at least two-thirds of total Federal building and
facility energy use.
``(2) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Not later than 18 months after the date
of enactment of this subsection, and every 5 years
thereafter, each energy manager shall complete a
comprehensive energy and water evaluation for each building
or facility that meets criteria under paragraph (1)(B).
``(B) Recommissioning and retrocommissioning.--As part of
the evaluation under subparagraph (A) or on the same schedule
the energy manager shall recommission or retrocommission each
such building and facility as applicable.
``(3) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
completion of each evaluation under paragraph (1), each
energy manager--
``(i) shall fully implement each energy and water-saving
measure identified in the evaluation conducted under
paragraph (2) that is life-cycle cost-effective and has a 12-
year or shorter simple payback period;
``(ii) may implement any energy or water-saving measure
that the Federal agency identified in the evaluation
conducted under paragraph (1) that is life-cycle cost-
effective and has longer than a 12-year simple payback
period; and
``(iii) may bundle individual measures of varying paybacks
together into combined projects.
``(B) Payback period.--For the purpose of subparagraph (A),
the simple payback period of a measure shall be obtained by
dividing--
``(i) the estimated initial implementation cost of the
measure (other than financing costs); by
``(ii) the annual cost savings from the measure.
``(C) Cost savings.--For the purpose of subparagraph (B),
cost savings shall include net savings in estimated--
``(i) energy and water costs; and
``(ii) operations, maintenance, repair, replacement, and
other direct costs.
``(D) Exceptions.--The Secretary may modify or make
exceptions to the calculation of a 12-year simple payback
under this paragraph in the guidelines issued by the
Secretary under paragraph (5), if necessary and appropriate
to achieve the purposes of this Act.
``(E) Life-cycle cost-effective.--For the purpose of
subparagraph (A), determination of whether a measure is life-
cycle cost-effective shall use methods and procedures
developed pursuant to section 544.
``(4) Follow-up on implemented measures.--For each measure
implemented under paragraph (3), 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.
``(5) Guidelines.--
``(A) In general.--The Secretary shall issue guidelines and
necessary criteria that each Federal agency shall follow for
implementation of--
``(i) paragraphs (1) and (2) not later than 180 days after
the date of enactment of this subsection; and
``(ii) paragraphs (3) and (4) 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 (9), but may
distinguish between different types of measures project size,
and other criteria the Secretary determines are relevant.
``(6) Web-based certification.--
``(A) In general.--For each building or facility that meets
the criteria established by the Secretary under paragraph
(1), 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 and recommissioning and
retrocommissioning under paragraph (2);
``(ii) implementation of identified energy and water
measures under paragraph (3); and
``(iii) follow-up on implemented measures under paragraph
(4).
``(B) Deployment.--
``(i) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop and
deploy the web-based tracking system required under this
paragraph in a manner that tracks, at a minimum--
``(I) the covered buildings and 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 building or facility; and
``(IV) the measured savings and persistence of savings for
implemented measures.
``(ii) Ease of compliance.--The Secretary shall ensure that
energy manager compliance with the requirements in this
paragraph, to the greatest extent practicable, can be
accomplished with the use of streamlined procedures, and
templates that minimize the time demands on Federal
employees.
``(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 buildings
from disclosure under clause (i) for national security
purposes.
``(7) Benchmarking of federal facilities.--
``(A) In general.--The energy manager shall enter energy
use data for each building or facility that meets the
criteria established by the Secretary under paragraph (1)
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 Federal agency shall post
the benchmarking information generated under this subsection,
along with each building's annual energy use per square foot
and energy costs, on the agency's website. The agency 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.
``(8) 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.
``(9) 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, including financing available
through energy savings performance contracts or utility
energy service contracts.
[[Page 23096]]
``(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, with proportional allocation
for any energy and water savings.
``(iii) Lack of appropriated funds.--Since measures may be
carried out using private financing described in clause (i),
a lack of available appropriations shall not be considered a
sufficient reason for the failure of a Federal agency to
comply with 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.
``(10) Rule of construction.--This subsection shall not be
construed either to require or to obviate any contractor
savings guarantees.''.
SEC. 9048. 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 part, the Federal
Director or the Commercial Director shall carry out--
(1) for each of fiscal years 2009 through 2014, 1
demonstration project in a Federal building selected by the
Federal Director in accordance with relevant agencies and
described in subsection (c)(1), that--
(A) provides for the evaluation of the information obtained
through the conduct of projects and activities under this
part; and
(B) achieves the highest rating offered by an existing
high-performance green building rating system that is
developed through a consensus-based process, provides minimum
requirements in all performance categories, requires
substantiating documentation and verifiable calculations,
employs third-party post-construction review and
verification, and is nationally recognized within the
building industry;
(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;
(ii) to identify the most effective ways o 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 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 to achieving 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) 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.
SEC. 9049. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) In General.--
(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of Energy and Administrator of the
Environmental Protection Agency shall jointly, after
consulting with information technology industry and other
interested parties, initiate a voluntary national information
program for those types of data centers and data center
equipment and facilities that are widely used and for which
there is a potential for significant data center energy
savings as a result of such program.
(2) Such program shall--
(A) consistent with the objectives of paragraph (1),
determine the type of data center and data center equipment
and facilities to be covered under such program; and
(B) include specifications, measurements, and benchmarks
that will enable data center operators to make more informed
decisions about the energy efficiency and costs of data
centers, and that--
(i) reflect the total energy consumption of data centers,
including both equipment and facilities, taking into
account--
(I) the performance and utilization of servers, data
storage devices, and other information technology equipment;
(II) the efficiency of heating, ventilation, and air
conditioning, cooling, and power conditioning systems;
(III) energy savings from the adoption of software and data
management techniques; and
(IV) other factors determined by the organization described
in subsection (b);
(ii) allow for creation of separate specifications,
measurements, and benchmarks based on data center size and
function, as well as other appropriate characteristics
determined by the organization described in subsection (b);
(iii) advance the design and implementation of efficiency
technologies to the maximum extent economically practical;
and
(iv) provide to data center operators in the private sector
and the Federal Government information about best practices
and purchasing decisions that reduce the energy consumption
of data centers;
(C) publish the information described in subparagraph (B),
which may be disseminated through catalogs, trade
publications, the Internet, or other mechanisms, that will
allow data center operators to assess the energy consumption
and potential cost savings of alternative data centers and
data center equipment and facilities; and
(D) not later than 1 year after the date of enactment of
this Act, and thereafter on an ongoing basis, transmit the
information described in subparagraph (B) to the Secretary
and the Administrator.
(3) Such program shall be developed and coordinated by the
data center efficiency organization described in subsection
(b) according to commonly accepted procedures for the
development of specifications, measurements, and benchmarks.
(b) Data Center Efficiency Organization.--Upon creation of
the program under subsection (a), the Secretary and the
Administrator shall jointly designate an information
technology industry organization to coordinate the program.
Such organization, whether preexisting or formed specifically
for the purposes of subsection (a), shall--
(1) consist of interested parties that have expertise in
energy efficiency and in the development, operation, and
functionality of computer data centers, information
technology equipment, and software, as well as
[[Page 23097]]
representatives of hardware manufacturers, data center
operators, and facility managers;
(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public
interest group with applicable expertise in any of the areas
listed in paragraph (1) of this subsection;
(3) follow commonly accepted procedures for the development
of specifications and accredited standards development
processes;
(4) have a mission to develop and promote energy efficiency
for data centers and information technology; and
(5) have the primary responsibility to oversee the
development and publishing of the information, measurements,
and benchmarks described in subsection (a) and transmission
of such information to the Secretary and the Administrator
for their adoption under subsection (c).
(c) Adoption of Specifications.--The Secretary and the
Administrator shall jointly, in accordance with the
requirements of section 12(d) of the National Technology
Transfer Advancement Act of 1995, adopt and publish the
specifications, measurements, and benchmarks described in
subsection (a) for use by the Federal Energy Management
Program and the Energy Star program as energy efficiency
requirements for the purposes of those programs.
(d) Monitoring.--The Secretary and the Administrator shall
jointly monitor and evaluate the efforts to develop the
program described in subsection (a) and, not later than 3
years after the date of enactment of this Act, shall make a
determination as to whether such program is consistent with
the objectives of subsection (a).
(e) Alternative System.--If the Secretary and the
Administrator make a determination under subsection (d) that
a voluntary national information program for data centers
consistent with the objectives of subsection (a) has not been
developed, the Secretary and the Administrator shall jointly,
after consultation with the National Institute of Standards
and Technology, develop, not later than 2 years after such
determination, and implement the program under subsection
(a).
(f) Protection of Proprietary Information.--The Secretary,
the Administrator, or the data center efficiency organization
shall not disclose any proprietary information or trade
secrets provided by any individual or company for the
purposes of carrying out this program.
(g) Definitions.--For purposes of this section:
(1) The term ``data center'' means any facility that
primarily contains electronic equipment used to process,
store, and transmit digital information, which may be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that utilizes
environmental control equipment to maintain the proper
conditions for the operation of electronic equipment.
(2) The term ``data center operator'' means any person or
government entity that builds or operates a data center or
purchases data center services, equipment, and facilities.
SEC. 9050. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts authorized under
subsections (b), (c), and (d), there are authorized to be
appropriated to carry out this part, other thansection 9052--
(1) $10,000,000 for fiscal year 2008; and
(2) $20,000,000 for each of the fiscal years 2009 through
2014, to remain available until expended.
(b) Zero-Energy Commercial Buildings Initiative.--There are
authorized to be appropriated to carry out the initiative
described insection 9044--
(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;
(4) $200,000,000 for each of fiscal years 2013 through
2050.
(c) Demonstration Projects.--
(1) Federal demonstration project.--There are authorized to
be appropriated to carry out the Federal demonstration
project described insection 9048(b)(1) $10,000,000 for the
period of fiscal years 2009 through 2014, to remain available
until expended.
(2) University demonstration projects.--There are
authorized to be appropriated to carry out the university
demonstration projects described insection 9048(b)(2)
$10,000,000 for the period of fiscal years 2009 through 2014,
to remain available until expended.
(d) Energy Efficiency for Data Center Buildings.--There are
authorized to be appropriated to each of the Secretary and
the Administrator for carrying outsection 9049 $250,000 for
each of the fiscal years 2008 through 2012.
SEC. 9051. STUDY AND REPORT ON USE OF POWER MANAGEMENT
SOFTWARE.
(a) Study.--The Secretary of Energy, through the Federal
Energy Management Program, shall conduct a study on the use
of power management software by the Department of Energy and
Federal facilities to reduce the use of electricity in
computer monitors and personal computers.
(b) Report.--Not later than 60 days after the date of
enactment of the Act, the Secretary shall submit to Congress
a report containing the results of the study under subsection
(a), including a description of the recommendations developed
under the study. The Secretary and the Federal Energy
Management Program are encouraged to draw upon similar
studies and efforts by other Federal entities on power
management software.
SEC. 9052. HIGH-PERFORMANCE GREEN BUILDINGS RETROFIT LOAN
GUARANTEES.
(a) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given the term
``cost of a loan guarantee'' within the meaning of section
502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C)).
(2) Guarantee.--
(A) In general.--The term ``guarantee'' has the meaning
given the term ``loan guarantee'' in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(B) Inclusion.--The term ``guarantee'' includes a loan
guarantee commitment (as defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
(3) Obligation.--The term ``obligation'' means the loan or
other debt obligation that is guaranteed under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Eligible Purposes.--Except for division C of Public Law
108-423, the Commercial Director shall make loan guarantees
under this section for renovation projects that are eligible
projects within the meaning of section 1703 of the Energy
Policy Act of 2005 and that will result in a building
achieving the United States Green Building Council Leadership
in Energy and Environmental Design ``certified'' level, or
meeting a comparable standard approved by the Commercial
Director.
(c) Terms and Conditions.--
(1) In general.--The Commercial Director shall make
guarantees under this section for projects on such terms and
conditions as the Commercial Director determines, after
consultation with the Secretary of the Treasury, in
accordance with this section, including limitations on the
amount of any loan guarantee to ensure distribution to a
variety of borrowers.
(2) Specific appropriation or contribution.--No guarantee
shall be made under this section unless--
(A) an appropriation for the cost has been made; or
(B) the Commercial Director has received from the borrower
a payment in full for the cost of the obligation and
deposited the payment into the Treasury.
(3) Limitation.--Not more than $100,000,000 in loans may be
guaranteed under this section at any one time.
(4) Amount.--Unless otherwise provided by law, a guarantee
by the Commercial Director under this section shall not
exceed an amount equal to 80 percent of the project cost that
is the subject of the guarantee, as estimated at the time at
which the guarantee is issued.
(5) Repayment.--No guarantee shall be made under this
section unless the Commercial Director determines that there
is reasonable prospect of repayment of the principal and
interest on the obligation by the borrower.
(6) Interest rate.--An obligation shall bear interest at a
rate that does not exceed a level that the Commercial
Director determines appropriate, taking into account the
prevailing rate of interest in the private sector for similar
loans and risks.
(7) Term.--The term of an obligation shall require full
repayment over a period not to exceed the lesser of--
(A) 30 years; or
(B) 90 percent of the projected useful life of the building
whose renovation is to be financed by the obligation (as
determined by the Commercial Director).
(8) Defaults.--
(A) Payment by commercial director.--
(i) In general.--If a borrower defaults on the obligation
(as defined in regulations promulgated by the Commercial
Director and specified in the guarantee contract), the holder
of the guarantee shall have the right to demand payment of
the unpaid amount from the Commercial Director.
(ii) Payment required.--Within such period as may be
specified in the guarantee or related agreements, the
Commercial Director shall pay to the holder of the guarantee
the unpaid interest on, and unpaid principal of the
obligation as to which the borrower has defaulted, unless the
Commercial Director finds that there was no default by the
borrower in the payment of interest or principal or that the
default has been remedied.
(iii) Forbearance.--Nothing in this paragraph precludes any
forbearance by the holder of the obligation for the benefit
of the borrower which may be agreed upon by the parties to
the obligation and approved by the Commercial Director.
(B) Subrogation.--
(i) In general.--If the Commercial Director makes a payment
under subparagraph (A), the Commercial Director shall be
subrogated to the rights of the recipient of the payment as
specified in the guarantee or related agreements including,
where appropriate, the authority (notwithstanding any other
provision of law) to--
(I) complete, maintain, operate, lease, or otherwise
dispose of any property acquired
[[Page 23098]]
pursuant to such guarantee or related agreements; or
(II) permit the borrower, pursuant to an agreement with the
Commercial Director, to continue to pursue the purposes of
the project if the Commercial Director determines this to be
in the public interest.
(ii) Superiority of rights.--The rights of the Commercial
Director, with respect to any property acquired pursuant to a
guarantee or related agreements, shall be superior to the
rights of any other person with respect to the property.
(iii) Terms and conditions.--A guarantee agreement shall
include such detailed terms and conditions as the Commercial
Director determines appropriate to--
(I) protect the interests of the United States in the case
of default; and
(II) have available all the patents and technology
necessary for any person selected, including the Commercial
Director, to complete and operate the project.
(C) Payment of principal and interest by commercial
director.--With respect to any obligation guaranteed under
this section, the Commercial Director may enter into a
contract to pay, and pay, holders of the obligation, for and
on behalf of the borrower, from funds appropriated for that
purpose, the principal and interest payments which become due
and payable on the unpaid balance of the obligation if the
Commercial Director finds that--
(i)(I) the borrower is unable to meet the payments and is
not in default;
(II) it is in the public interest to permit the borrower to
continue to pursue the purposes of the project; and
(III) the probable net benefit to the Federal Government in
paying the principal and interest will be greater than that
which would result in the event of a default;
(ii) the amount of the payment that the Commercial Director
is authorized to pay shall be no greater than the amount of
principal and interest that the borrower is obligated to pay
under the agreement being guaranteed; and
(iii) the borrower agrees to reimburse the Commercial
Director for the payment (including interest) on terms and
conditions that are satisfactory to the Commercial Director.
(D) Action by attorney general.--
(i) Notification.--If the borrower defaults on an
obligation, the Commercial Director shall notify the Attorney
General of the default.
(ii) Recovery.--On notification, the Attorney General shall
take such action as is appropriate to recover the unpaid
principal and interest due from--
(I) such assets of the defaulting borrower as are
associated with the obligation; or
(II) any other security pledged to secure the obligation.
(9) Fees.--
(A) In general.--The Commercial Director shall charge and
collect fees for guarantees in amounts the Commercial
Director determines are sufficient to cover applicable
administrative expenses.
(B) Availability.--Fees collected under this paragraph
shall--
(i) be deposited by the Commercial Director into the
Treasury; and
(ii) remain available until expended, subject to such other
conditions as are contained in annual appropriations Acts.
(10) Records; audits.--
(A) In general.--A recipient of a guarantee shall keep such
records and other pertinent documents as the Commercial
Director shall prescribe by regulation, including such
records as the Commercial Director may require to facilitate
an effective audit.
(B) Access.--The Commercial Director and the Comptroller
General of the United States, or their duly authorized
representatives, shall have access, for the purpose of audit,
to the records and other pertinent documents.
(11) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
issued under this section with respect to principal and
interest.
PART 5--INDUSTRIAL ENERGY EFFICIENCY
SEC. 9061. INDUSTRIAL ENERGY EFFICIENCY.
(a) Amendment.--Title III of the Energy Policy and
Conservation Act (42 U.S.C. 6201 and following) is amended by
adding the following after part D:
``PART E--INDUSTRIAL ENERGY EFFICIENCY
``SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOVERY AND
POTENTIAL USE.
``Congress finds that--
``(1) the Nation should encourage the use of otherwise
wasted energy and the development of combined heat and power
and other waste energy recovery projects where there is
wasted thermal energy in large volumes at potentially useful
temperatures;
``(2) such projects would increase energy efficiency and
lower pollution by generating power with no incremental
fossil fuel consumption;
``(3) because recovered waste energy and combined heat and
power projects are associated with end-uses of thermal energy
and electricity at the local level, they help avoid new
transmission lines, reduce line losses, reduce local air
pollutant emissions, and reduce vulnerability to extreme
weather and terrorism; and
``(4) States, localities, electric utilities, and other
electricity customers may benefit from private investments in
recovered waste energy and combined heat and power projects
at industrial and commercial sites by avoiding generation,
transmission and distribution expenses, and transmission line
loss expenses that may otherwise be required to be recovered
from ratepayers.
``SEC. 372. DEFINITIONS.
``For purposes of this Part:
``(1) The term `Administrator' means the Administrator of
the Environmental Protection Agency.
``(2) The term `waste energy' means_
``(A) exhaust heat and flared gases from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated or vented;
``(C) a pressure drop in any gas, excluding any pressure
drop to a condenser that subsequently vents the resulting
heat; and
``(D) such other forms of waste energy as the Administrator
may identify.
``(3) The term `recoverable waste energy' means waste
energy from which electricity or useful thermal energy may be
recovered through modification of existing facilities or
addition of new facilities.
``(4) The term `net excess power' means, for any facility,
recoverable waste energy recovered in the form of electricity
in amounts exceeding the total consumption of electricity at
the specific time of generation on the site where the
facility is located.
``(5) The term `useful thermal energy' is energy in the
forms of direct heat, steam, hot water, or other thermal
forms that is used in production and beneficial measures for
heating, cooling, humidity control, process use, or other
valid thermal end-use energy requirements, and for which fuel
or electricity would otherwise be consumed.
``(6) The term `combined heat and power system' means a
facility--
``(A) that simultaneously and efficiently produces useful
thermal energy and electricity; and
``(B) that recovers not less than 60 percent of the energy
value in the fuel (on a lower-heating-value basis) in the
form of useful thermal energy and electricity.
``(7) The terms `electric utility', `State regulated
electric utility', `nonregulated electric utility' and other
terms used in this Part have the same meanings as when such
terms are used in title I of the Public Utility Regulatory
Policies Act of 1978 (relating to retail regulatory policies
for electric utilities).
``SEC. 373. SURVEY AND REGISTRY.
``(a) Recoverable Waste-Energy Inventory Program.--The
Administrator, in cooperation with State energy offices,
shall establish a Recoverable Waste-Energy Inventory Program.
The program shall include an ongoing survey of all major
industrial and large commercial combustion sources in the
United States and the sites where these are located, together
with a review of each for quantity and quality of waste
energy.
``(b) Criteria.--The Administrator shall, within 120 days
after the enactment of this section, develop and publish
proposed criteria subject to notice and comment, and within
270 days of enactment, establish final criteria, to identify
and designate those sources and sites in the inventory under
subsection (a) where recoverable waste energy projects or
combined heat and power system projects may have economic
feasibility with a payback of invested costs within 5 years
or less from the date of first full project operation
(including incentives offered under this Part). Such criteria
will include standards that insure that projects proposed for
inclusion in the Registry are not developed for the primary
purpose of making sales of excess electric power under the
regulatory treatment provided under this Part.
``(c) Technical Support.--The Administrator shall provide
to owners or operators of combustion sources technical
support and offer partial funding (up to one-half of total
costs) for feasibility studies to confirm whether or not
investment in recovery of waste energy or combined heat and
power at that source would offer a payback period of 5 years
or less.
``(d) Registry.--(1) The Administrator shall, within one
year after the enactment of this section, establish a
Registry of Recoverable Waste-energy Sources, and sites on
which those sources are located, which meet the criteria set
forth under subsection (b). The Administrator shall update
the Registry on not less than a monthly basis, and make the
Registry accessible to the public on the Environmental
Protection Agency web site. Any State or electric utility may
contest the listing of any source or site by submitting a
petition to the Administrator.
``(2) The Administrator shall register and include on the
Registry all sites meeting the criteria of subsection (b).
The Administrator shall calculate the total amounts of
potentially recoverable waste energy from sources at such
sites, nationally and by State, and shall make such totals
public, together with information on the air pollutant and
greenhouse gas emissions savings that might be
[[Page 23099]]
achieved with recovery of the waste energy from all sources
and sites listed in the Registry.
``(3) The Administrator shall notify owners or operators of
Recoverable Waste-Energy Sources and sites listed in the
Registry prior to publishing the listing. The owner or
operator of sources at such sites may elect to have detailed
quantitative information concerning that site not made public
by notifying the Administrator of that election. Information
concerning that site shall be included in State totals unless
there are fewer than 3 sites in the State.
``(4) As waste energy projects achieve successful recovery
of waste energy, the Administrator shall remove the related
sites or sources from the Registry, and shall designate the
removed projects as eligible for the incentive provisions
provided under this Part and the regulatory treatment
required by this Part. No project shall be removed from the
Registry without the consent of the owner or operator of the
project if the owner or operator has submitted a petition
under section 375 and such petition has not been acted upon
or denied.
``(5) The Administrator shall not list any source
constructed after the date of the enactment of this Part on
the Registry if the Administrator determines that such
source--
``(A) was developed for the primary purpose of making sales
of excess electric power under the regulatory treatment
provided under this Part; or
``(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a lower-heating-value
basis) in the form of useful thermal energy, electricity,
mechanical energy, chemical output, or some combination of
them.
``(e) Self-Certification.--Owners, operators, or third-
party developers of industrial waste-energy projects that
qualify under standards established by the Administrator may
self-certify their sites or sources to the Administrator for
inclusion in the Registry, subject to procedures adopted by
the Administrator. To prevent a fraudulent listing, the
sources shall be included on the Registry only if the
Administrator confirms the submitted data, at the
Administrator's discretion.
``(f) New Facilities.--As a new energy-consuming industrial
facility is developed after the enactment of this Part, to
the extent it may constitute a site with recoverable waste
energy that may qualify for the Registry, the Administrator
may elect to include it in the Registry at the request of its
owner or operator or developer on a conditional basis,
removing the site if its development ceases or it if fails to
qualify for listing under this Part.
``(g) Optimum Means of Recovery.--For each site listed in
the Registry, at the request of the owner or operator of the
site, the Administrator shall offer, in cooperation with
Clean Energy Application Centers operated by the Secretary of
Energy, suggestions of optimum means of recovery of value
from waste energy stream in the form of electricity, useful
thermal energy, or other energy-related products.
``(h) Revision.--Each annual State report under section
548(a) of the National Energy Conservation Policy Act shall
include the results of the survey for that State under this
section.
``(i) Authorization.--There are authorized to be
appropriated to the Administrator for the purposes of
creating and maintaining the Registry and services authorized
by this section not more than $1,000,000 for each of fiscal
years 2008, 2009, 2010, 2010, and 2012 and not more than
$5,000,000 to the States to provide funding for State energy
office functions under this section.
``SEC. 374. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
``(a) Establishment of Program.--There is established in
the Environmental Protection Agency a Waste Energy Recovery
Incentive Grant Program to provide incentive grants to owners
and operators of projects that successfully produce
electricity or incremental useful thermal energy from waste
energy recovery (and to utilities purchasing or distributing
such electricity) and to reward States that have achieved 80
percent or more of identified waste-heat recovery
opportunities.
``(b) Grants to Projects and Utilities.--
``(1) In general.--The Administrator shall make grants to
the owners or operators of waste energy recovery projects,
and, in the case of excess power purchased or transmitted by
a electric utility, to such utility. Grants may only be made
upon receipt of proof of waste energy recovery or excess
electricity generation, or both, from the project in a form
prescribed by the Administrator, by rule.
``(2) Excess electric energy.--In the case of waste energy
recovery, the grants under this section shall be made at the
rate of $10 per megawatt hour of documented electricity
produced from recovered 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 such production,
beginning on or after the date of enactment of this Part. If
the project produces net excess power and an electric utility
purchases or transmits the excess power, 50 percent of so
much of such grant as is attributable to the net excess power
shall be paid to the electric utility purchasing or
transporting the net excess power.
``(3) 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, the grants 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 such
excess thermal energy used for such different purpose.
``(c) Grants to States.--In the case of States that have
achieved 80 percent or more of waste-heat recovery
opportunities identified by the Administrator under this
Part, the Administrator shall make grants to the States of up
to $1,000 per Megawatt of waste-heat capacity recovered (or
its thermal equivalent) to support State-level programs to
identify and achieve additional energy efficiency.
``(d) Eligibility.--The Administrator shall establish rules
and guidelines to establish eligibility for grants, shall
make the grant program known to those listed in the Registry,
and shall offer such grants 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) Authorization.--(1) There is authorized to be
appropriated to the Administrator $100,000,000 for fiscal
year 2008, and $200,000,000 for each of fiscal years 2009,
2010, 2011, and 2012 for grants under subsection (b) of this
section, and such additional amounts during those years and
thereafter as may be necessary for administration of the
Waste Energy Recovery Incentive Grant Program.
``(2) There is authorized to be appropriated to the
Administrator not more than $10,000,000 for each of the first
five fiscal years after the enactment of this Part, to be
available until expended for purposes of grants to States
under subsection (c).
``SEC. 375. ADDITIONAL INCENTIVES FOR RECOVERY, UTILIZATION
AND PREVENTION OF INDUSTRIAL WASTE ENERGY.
``(a) Consideration of Standard.--Not later than 180 days
after the receipt by a State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority), or nonregulated electric utility, of a request
from a project sponsor or owner or operator, the State
regulatory authority or nonregulated electric utility shall
provide public notice and conduct a hearing respecting the
standard established by subsection (b) and, on the basis of
such hearing, shall consider and make a determination whether
or not it is appropriate to implement such standard to carry
out the purposes of this Part. For purposes of any such
determination and any review of such determination in any
court the purposes of this section supplement otherwise
applicable State law. Nothing in this Part prohibits any
State regulatory authority or nonregulated electric utility
from making any determination that it is not appropriate to
adopt any such standard, pursuant to its authority under
otherwise applicable State law.
``(b) Standard for Sales of Excess Power.--For purposes of
this section, the standard referred to in subsection (a)
shall provide that an owner or operator of a waste energy
recovery project identified on the Registry who generates net
excess power shall be eligible to benefit from at least one
of the options described in subsection (c) for disposal of
the net excess power in accordance with the rate conditions
and limitations described in subsection (d).
``(c) Options.--The options referred to in subsection (b)
are as follows:
``(1) Sale of net excess power to utility.--The electric
utility shall purchase the net excess power from the owner or
operator of the eligible waste-energy recovery project during
the operation of the project under a contract entered into
for that purpose.
``(2) Transport by utility for direct sale to third
party.--The electric utility shall transmit the net excess
power on behalf of the project owner or operator to up to
three separate locations on that utility's system for direct
sale by that owner or operator to third parties at such
locations.
``(3) Transport over private transmission lines.--The State
and the electric utility shall permit, and shall waive or
modify such laws as would otherwise prohibit, the
construction and operation of private electric wires
constructed, owned and operated by the project owner or
operator, to transport such power to up to 3 purchasers
within a 3-mile radius of the project, allowing such wires to
utilize or cross public rights-of-way, without subjecting the
project to regulation as a public utility, and according such
wires the same treatment for safety, zoning, land-use and
other legal privileges as apply or would apply to the
utility's own wires, except that--
``(A) there shall be no grant of any power of eminent
domain to take or cross private property for such wires, and
``(B) such wires shall be physically segregated and not
interconnected with any portion of the utility's system,
except on the customer's side of the utility's revenue meter
and in a manner that precludes any possible export of such
electricity onto the utility system, or disruption of such
system.
``(4) Agreed upon alternatives.--The utility and the owner
or operator of the
[[Page 23100]]
project may reach agreement on any alternate arrangement and
its associated payments or rates that is mutually
satisfactory and in accord with State law.
``(d) Rate Conditions and Criteria.--
``(1) In general.--The options described in paragraphs (1)
and (2) in subsection (c) shall be offered under purchase and
transport rate conditions reflecting the rate components
defined under paragraph (2) of this subsection as applicable
under the circumstances described in paragraph (3) of this
subsection.
``(2) Rate components.--For purposes of this section:
``(A) Per unit distribution costs.--The term `per unit
distribution costs' means the utility's depreciated book-
value distribution system costs divided by the previous
year's volume of utility electricity sales or transmission at
the distribution level in kilowatt hours.
``(B) Per unit distribution margin.--The term `per unit
distribution margin' means:
``(i) In the case of a State regulated electric utility, a
per-unit gross pretax profit determined by multiplying the
utility's State-approved percentage rate of return for
distribution system assets by the per unit distribution
costs.
``(ii) In the case of an nonregulated utility, a per unit
contribution to net revenues determined by dividing the
amount of any net revenue payment or contribution to the
nonregulated utility's owners or subscribers in the prior
year by the utility's gross revenues for the prior year to
obtain a percentage (but not less than 10 percent) and
multiplying that percentage by the per unit distribution
costs.
``(C) Per unit transmission costs.--The term `per unit
transmission costs' means the total cost of those
transmission services purchased or provided by a utility on a
per-kilowatt-hour basis as included in that utility's retail
rate.
``(3) Applicable rates.--
``(A) Rates applicable to sale of net excess power.--Sales
made by a project owner or operator under the option
described in subsection (c) (1) shall be paid for on a per
kilowatt hour basis that shall equal the full undiscounted
retail rate paid to the utility for power purchased by such a
facility minus per unit distribution costs, as applicable to
the type of utility purchasing the power. If the net excess
power is made available for purchase at voltages that must be
transformed to or from voltages exceeding 25 kilovolts to be
available for resale by the utility, then the purchase price
shall further be reduced by per unit transmission costs.
``(B) Rates applicable to transport by utility for direct
sale to third parties.--Transportation by utilities of power
on behalf of the owner or operator of a project under the
option described in subsection (c)(2) shall incur a
transportation rate equal to the per unit distribution costs
and per unit distribution margin, as applicable to the type
of utility transporting the power. If the net excess power is
made available for transportation at voltages that must be
transformed to or from voltages exceeding 25 kilovolts to be
transported to the designated third-party purchasers, then
the transport rate shall further be increased by per unit
transmission costs. In States with competitive retail markets
for electricity, the applicable transportation rate for
similar transportation shall be applied in lieu of any rate
calculated under this paragraph.
``(4) Limitations.--(A) Any rate established for sale or
transportation under this section shall be modified over time
with changes in the electric utility's underlying costs or
rates, and shall reflect the same time-sensitivity and
billing periods as are established in the retail sales or
transportation rates offered by the utility.
``(B) No utility shall be required to purchase or transport
an amount of net excess power under this section that exceeds
the available capacity of the wires, meter, or other
equipment of the electric utility serving the site unless the
owner or operator of the project agrees to pay necessary and
reasonable upgrade costs.
``(e) Procedural Requirements for Consideration and
Determination.--(1) The consideration referred to in
subsection (b) shall be made after public notice and hearing.
The determination referred to in subsection (b) shall be--
``(A) in writing,
``(B) based upon findings included in such determination
and upon the evidence presented at the hearing, and
``(C) available to the public.
``(2) The Administrator may intervene as a matter of right
in a proceeding conducted under this section and may
calculate the energy and emissions likely to be saved by
electing to adopt one or more of the options, as well as the
costs and benefits to ratepayers and the utility and to
advocate for the waste-energy recovery opportunity.
``(3) Except as otherwise provided in paragraph (1), and
paragraph (2), the procedures for the consideration and
determination referred to in subsection (a) shall be those
established by the State regulatory authority or the
nonregulated electric utility. In the instance that there is
more than one project seeking such consideration
simultaneously in connection with the same utility, such
proceeding may encompass all such projects, provided that
full attention is paid to their individual circumstances and
merits, and an individual judgment is reached with respect to
each project.
``(f) Implementation.--(1) The State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) or nonregulated electric utility may,
to the extent consistent with otherwise applicable State
law--
``(A) implement the standard determined under this section,
or
``(B) decline to implement any such standard.
``(2) If a State regulatory authority (with respect to each
electric utility for which it has ratemaking authority) or
nonregulated electric utility declines to implement any
standard established by this section, such authority or
nonregulated electric utility shall state in writing the
reasons therefor. Such statement of reasons shall be
available to the public, and the Administrator shall include
the project in an annual report to Congress concerning lost
opportunities for waste-heat recovery, specifically
identifying the utility and stating the amount of lost energy
and emissions savings calculated. If a State regulatory
authority (with respect to each electric utility for which it
has ratemaking authority) or nonregulated electric utility
declines to implement the standard established by this
section, the project sponsor may submit a new petition under
this section with respect to such project at any time after
24 months after the date on which the State regulatory
authority or nonregulated utility has declined to implement
such standard.
``SEC. 376. CLEAN ENERGY APPLICATION CENTERS.
``(a) Purpose.--The purpose of this section is to rename
and provide for the continued operation of the United States
Department of Energy's Regional Combined Heat and Power (CHP)
Application Centers.
``(b) Findings.--The Congress finds the Department of
Energy's Regional Combined Heat and Power (CHP) Application
Centers program has produced significant energy savings and
climate change benefits and will continue to do so through
the deployment of clean energy technologies such as Combined
Heat and Power (CHP), recycled waste energy and biomass
energy systems, in the industrial and commercial energy
markets.
``(c) Renaming.--The Combined Heat and Power Application
Centers at the Department of Energy are hereby be
redesignated as Clean Energy Application Centers. Any
reference in any law, rule or regulation or publication to
the Combined Heat and Power Application Centers shall be
treated as a reference to the Clean Energy Application
Centers.
``(d) Relocation.--In order to better coordinate efforts
with the separate Industrial Assessment Centers and to assure
that the energy efficiency and, when applicable, the
renewable nature of deploying mature clean energy technology
is fully accounted for, the Secretary of Energy shall
relocate the administration of the Clean Energy Application
Centers to the Office of Energy Efficiency and Renewable
Energy within the Department of Energy. The Office of
Electricity Delivery and Energy Reliability shall continue to
perform work on the role of such technology in support of the
grid and its reliability and security, and shall assist the
Clean Energy Application Centers in their work with regard to
the grid and with electric utilities.
``(e) Grants.--
``(1) In general.--The Secretary of Energy shall make
grants to universities, research centers, and other
appropriate institutions to assure the continued operations
and effectiveness of 8 Regional Clean Energy Application
Centers in each of the following regions (as designated for
such purposes as of the date of the enactment of this
section):
``(A) Gulf Coast.
``(B) Intermountain.
``(C) Mid-Atlantic.
``(D) Midwest.
``(E) Northeast.
``(F) Northwest.
``(G) Pacific.
``(H) Southeast.
``(2) Establishment of goals and compliance.--In making
grants under this section, the Secretary shall ensure that
sufficient goals are established and met by each Center
throughout the program duration concerning outreach and
technology deployment.
``(f) Activities.--Each Clean Energy Application Center
shall operate a program to encourage deployment of clean
energy technologies through education and outreach to
building and industrial professionals, and to other
individuals and organizations with an interest in efficient
energy use. In addition, the Centers shall provide project
specific support to building and industrial professionals
through assessments and advisory activities. Funds made
available under this section may be used for the following
activities:
``(1) Developing and distributing informational materials
on clean energy technologies, including continuation of the
eight existing Web sites.
``(2) Developing and conducting target market workshops,
seminars, internet programs and other activities to educate
end users, regulators, and stakeholders in a manner that
leads to the deployment of clean energy technologies.
[[Page 23101]]
``(3) Providing or coordinating onsite assessments for
sites and enterprises that may consider deployment of clean
energy technology.
``(4) Performing market research to identify high profile
candidates for clean energy deployment.
``(5) Providing consulting support to sites considering
deployment of clean energy technologies.
``(6) Assisting organizations developing clean energy
technologies to overcome barriers to deployment.
``(7) Assisting companies and organizations with
performance evaluations of any clean energy technology
implemented.
``(g) Duration.--A grant awarded under this section shall
be for a period of 5 years. each grant shall be evaluated
annually for its continuation based on its activities and
results.
``(h) Authorization.--There is authorized to be
appropriated for purposes of this section the sum of
$10,000,000 for each of fiscal years 2008, 2009, 2010, 2011,
and 2012.''.
(b) Table of Contents.--The table of contents for such Act
is amended by inserting the following after the items
relating to part D of title III:
``Part E--Industrial Energy Efficiency
``Sec. 371. Survey of waste industrial energy recovery and potential
use.
``Sec. 372. Definitions.
``Sec. 373. Survey and registry.
``Sec. 374. Waste Energy Recovery Incentive Grant Program.
``Sec. 375. Additional incentives for recovery, utilization and
prevention of industrial waste energy.
``Sec. 376. Clean Energy Application Centers.''.
PART 6--ENERGY EFFICIENCY OF PUBLIC INSTITUTIONS
SEC. 9071. SHORT TITLE.
This part may be cited as the ``Sustainable Energy
Institutional Infrastructure Act of 2007''.
SEC. 9072. FINDINGS.
The Congress finds the following:
(1) Many institutional entities own and operate, or are
served by, district energy systems.
(2) A variety of renewable energy resources could be tapped
by governmental and institutional energy systems to meet
energy requirements.
(3) Use of these renewable energy resources to meet energy
requirements will reduce reliance on fossil fuels and the
associated emissions of air pollution and carbon dioxide.
(4) CHP is a highly efficient and environmentally
beneficial means to generate electric energy and heat, and
offers total efficiency much greater than conventional
separate systems, where electric energy is generated at and
transmitted long distances from a centrally located
generation facility, and onsite heating and cooling equipment
is used to meet nonelectric energy requirements.
(5) Heat recovered in a CHP generation system can be used
for space heating, domestic hot water, or process steam
requirements, or can be converted to cooling energy to meet
air conditioning requirements.
(6) The increased efficiency of CHP results in reduction in
emissions of air pollution and carbon dioxide.
(7) District energy systems represent a key opportunity for
expanding implementation of CHP because district energy
systems provide a means of delivering thermal energy from CHP
to a substantial base of end users.
(8) District energy systems help cut peak power demand and
reduce power transmission and distribution system constraints
by meeting air conditioning demand through delivery of
chilled water produced with CHP-generated heat or other
energy sources, shifting power demand through thermal
storage, and, with CHP, generating power near load centers.
(9) Evaluation and implementation of sustainable energy
infrastructure is a complex undertaking involving a variety
of technical, economic, legal, and institutional issues and
barriers, and technical assistance is often required to
successfully navigate these barriers.
(10) The major constraint to significant expansion of
sustainable energy infrastructure by institutional entities
is a lack of capital funding for implementation.
SEC. 9073. DEFINITIONS.
For purposes of this part--
(1) the term ``CHP'' means combined heat and power, or the
generation of electric energy and heat in a single,
integrated system;
(2) the term ``district energy systems'' means systems
providing thermal energy to buildings and other energy
consumers from one or more plants to individual buildings to
provide space heating, air conditioning, domestic hot water,
industrial process energy, and other end uses;
(3) the term ``institutional entities'' means local
governments, public school districts, municipal utilities,
State governments, Federal agencies, and other entities
established by local, State, or Federal agencies to meet
public purposes, and public or private colleges,
universities, airports, and hospitals;
(4) the term ``renewable thermal energy sources'' means
non-fossil-fuel energy sources, including biomass,
geothermal, solar, natural sources of cooling such as cold
lake or ocean water, and other sources that can provide
heating or cooling energy;
(5) the term ``sustainable energy infrastructure'' means
facilities for production of energy from CHP or renewable
thermal energy sources and distribution of thermal energy to
users; and
(6) the term ``thermal energy'' means heating or cooling
energy in the form of hot water or steam (heating energy) or
chilled water (cooling energy).
SEC. 9074. TECHNICAL ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Energy shall, with
funds appropriated for this purpose, implement a program of
information dissemination and technical assistance to
institutional entities to assist them in identifying,
evaluating, designing, and implementing sustainable energy
infrastructure.
(b) Information Dissemination.--The Secretary shall develop
and disseminate information and assessment tools addressing--
(1) identification of opportunities for sustainable energy
infrastructure;
(2) technical and economic characteristics of sustainable
energy infrastructure;
(3) utility interconnection, and negotiation of power and
fuel contracts;
(4) financing alternatives;
(5) permitting and siting issues;
(6) case studies of successful sustainable energy
infrastructure systems; and
(7) computer software for assessment, design, and operation
and maintenance of sustainable energy infrastructure systems.
(c) Eligible Costs.--Upon application by an institutional
entity, the Secretary may make grants to such applicant to
fund--
(1) 75 percent of the cost of feasibility studies to assess
the potential for implementation or improvement of
sustainable energy infrastructure;
(2) 60 percent of the cost of guidance on overcoming
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
(3) 45 percent of the cost of detailed engineering and
design of sustainable energy infrastructure.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $15,000,000 for
fiscal year 2008, $15,000,000 for fiscal year 2009, and
$15,000,000 for fiscal year 2010.
SEC. 9075. REVOLVING FUND.
(a) Establishment.--The Secretary of Energy shall, with
funds appropriated for this purpose, create a Sustainable
Institutions Revolving Fund for the purpose of establishing
and operating a Sustainable Institutions Revolving Fund (in
this section referred to as the ``SIRF'') for the purpose of
providing loans for the construction or improvement of
sustainable energy infrastructure to serve institutional
entities.
(b) Eligible Costs.--A loan provided from the SIRF shall be
for no more than 70 percent of the total capital costs of a
project, and shall not exceed $15,000,000. Such loans shall
be for constructing sustainable energy infrastructure,
including--
(1) plant facilities used for producing thermal energy,
electricity, or both;
(2) facilities for storing thermal energy;
(3) facilities for distribution of thermal energy; and
(4) costs for converting buildings to use thermal energy
from sustainable energy sources.
(c) Qualifications.--Loans from the SIRF may be made to
institutional entities for projects meeting the
qualifications and conditions established by the Secretary,
including the following minimum qualifications:
(1) The project shall be technically and economically
feasible as determined by a detailed feasibility analysis
performed or corroborated by an independent consultant.
(2) The borrower shall demonstrate that adequate and
comparable financing was not found to be reasonably available
from other sources, and that the project is economically more
feasible with the availability of the SIRF loan.
(3) The borrower shall obtain commitments for the remaining
capital required to implement the project, contingent on
approval of the SIRF loan.
(4) The borrower shall provide to the Secretary reasonable
assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed in whole or in part with a loan
provided under this section will be paid wages at rates not
less than those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the Davis-Bacon Act).
(d) Financing Terms.--(1) Interest on a loan under this
section may be a fixed rate or floating rate, and shall be
equal to the Federal cost of funds consistent with the loan
type and term, minus 1.5 percent.
(2) Interest shall accrue from the date of the loan, but
the first payment of interest shall be deferred, if desired
by the borrower, for a period ending not later than 3 years
after the initial date of operation of the system.
(3) Interest attributable to the period of deferred payment
shall be amortized over the remainder of the loan term.
[[Page 23102]]
(4) Principal shall be repaid on a schedule established at
the time the loan is made. Such payments shall begin not
later than 3 years after the initial date of operation of the
system.
(5) Loans made from the SIRF shall be repayable over a
period ending not more than 20 years after the date the loan
is made.
(6) Loans shall be prepayable at any time without penalty.
(7) SIRF loans shall be subordinate to other loans for the
project.
(e) Funding Cycles.--Applications for loans from the SIRF
shall be received on a periodic basis at least semiannually.
(f) Application of Repayments for Deficit Reduction.--Loans
from the SIRF shall be made, with funds available for this
purpose, during the 10 years starting from the date that the
first loan from the fund is made. Until this 10-year period
ends, funds repaid by borrowers shall be deposited in the
SIRF to be made available for additional loans. Once loans
from the SIRF are no longer being made, repayments shall go
directly into the United States Treasury.
(g) Priorities.--In evaluating projects for funding,
priority shall be given to projects which--
(1) maximize energy efficiency;
(2) minimize environmental impacts, including from
regulated air pollutants, greenhouse gas emissions, and the
use of refrigerants known to cause ozone depletion;
(3) use renewable energy resources;
(4) maximize oil displacement; and
(5) benefit economically-depressed areas.
(h) Regulations.--Not later than one year after the date of
enactment of this Act, the Secretary of Energy shall develop
a plan and adopt rules and procedures for establishing and
operating the SIRF.
(i) Program Review.--Every two years the Secretary shall
report to the Congress on the status and progress of the
SIRF.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $250,000,000 for
fiscal year 2008 and $500,000,000 for each of the fiscal
years 2009 through 2012.
SEC. 9076. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``$100,000,000 for
each of the fiscal years 2006 and 2007 and $125,000,000 for
fiscal year 2008'' and inserting ``$125,000,000 for each of
the fiscal years 2007, 2008, 2009, 2010, 2011, and 2012''.
PART 7--ENERGY SAVINGS PERFORMANCE CONTRACTING
SEC. 9081. 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, and installation of
renewable energy systems;
``(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical
or thermal energy generated onsite 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. 9082. 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) Separate Contracts.--In carrying out a contract under
this title, a Federal agency may--
``(i) enter into a separate contract for energy services
and conservation measures under the contract; and
``(ii) provide all or part of the financing necessary to
carry out the contract.''.
SEC. 9083. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.
(a) Authority to Enter Into Contracts.--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. 9084. PERMANENT REAUTHORIZATION.
Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287) is amended by striking subsection (c).
SEC. 9085. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE
ENERGY EFFICIENCY CONTRACTS.
(a) Program.--The Secretary of Energy shall create and
administer in the Federal Energy Management Program a
training program to educate Federal contract negotiation and
contract management personnel so that such contract officers
are prepared to--
(1) negotiate energy savings performance contracts;
(2) conclude effective and timely contracts for energy
efficiency services with all companies offering energy
efficiency services; and
(3) review Federal contracts for all products and services
for their potential energy efficiency opportunities and
implications.
(b) Schedule.--The Federal Energy Management Program shall
plan, staff, announce, and begin such training not later than
one year after the date of enactment of this Act.
(c) Personnel To Be Trained.--Personnel appropriate to
receive such training shall be selected by and sent for such
training from--
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department of Energy;
(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 Federal Energy Management Program to
offer the potential for energy savings and greenhouse gas
emission reductions if negotiated with such goals in mind.
(d) Trainers.--Such training may be conducted by attorneys
or contract officers with experience in negotiating and
managing such contracts from any agency, and the Department
of Energy shall reimburse their related salaries and expenses
from amounts appropriated for carrying out this section to
the extent they are not already employees of the Department
of Energy. Such training may also be provided by private
experts hired by the Department of Energy for the purposes of
this section, except that the Department may not hire experts
who are simultaneously employed by any company under contract
to provide such energy efficiency services to the Federal
Government.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy for carrying
out this section $750,000 for each of fiscal years 2008
through 2012.
SEC. 9086. 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)) 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.--The evaluations and savings measurement
and verification required under paragraphs (1) and (3) of
section 543(f) shall be used by a Federal agency to meet the
requirements for--
``(I) in the case of energy savings performance contracts,
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; and
``(II) in the case of utility energy service contracts,
needs that are similar to the purposes described in subclause
(I).
``(ii) Modification of existing contracts.--Not later than
180 days 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 G of title I of
the Energy Efficiency Improvement Act of 2007.''.
PART 8--ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCING
SEC. 9089. ADVISORY COMMITTEE.
(a) Establishment.--The Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy shall establish an
advisory committee to provide advice and recommendations to
the Department of Energy 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
[[Page 23103]]
members representing the following communities:
(1) Providers of seed capital.
(2) Venture capitalists.
(3) Private equity sources.
(4) Investment banking corporate finance.
(5) Investment banking mergers and acquisitions.
(6) Equity capital markets.
(7) Debt capital markets.
(8) Research analysts.
(9) Sales and trading.
(10) Commercial lenders.
(11) Residential lenders.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to the
Secretary of Energy for carrying out this section.
PART 9--ENERGY EFFICIENCY BLOCK GRANT PROGRAM
SEC. 9091. DEFINITIONS.
For purposes of this part--
(1) the term ``eligible entity'' means a State or an
eligible unit of local government within a State;
(2) the term ``eligible unit of local government'' means--
(A) a city with a population of at least 50,000; and
(B) a county with a population of at least 200,000;
(3) the term ``Secretary'' means the Secretary of Energy;
and
(4) the term ``State'' means one of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
SEC. 9092. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish an Energy Efficiency Block
Grant Program to make block grants to eligible entities as
provided in this part.
SEC. 9093. ALLOCATIONS.
(a) In General.--Of the funds appropriated for making
grants under this part for each fiscal year, the Secretary
shall allocate 70 percent to be provided to eligible units of
local government as provided in subsection (b) and 30 percent
to be provided to States as provided in subsection (c).
(b) Eligible Units of Local Government.--The Secretary
shall provide grants to eligible units of local government
according to a formula giving equal weight to--
(1) population, according to the most recent available
Census data; and
(2) daytime population, or another similar factor such as
square footage of commercial, office, and industrial space,
as determined by the Secretary.
(c) States.--The Secretary shall provide grants to States
according to a formula based on population, according to the
most recent available Census data.
(d) Publication of Allocation Formulas.--Not later than 90
days before the beginning of any fiscal year in which grants
are to made under this part, the Secretary shall publish in
the Federal Register the formulas for allocation described in
subsection (b)(1) and (b)(2).
SEC. 9094. ELIGIBLE ACTIVITIES.
Funds provided through a grant under this part may be used
for the following activities:
(1) Development and implementation of an Energy Efficiency
Strategy under section 9095.
(2) Retaining technical consultant services to assist an
eligible entity in the development of such Strategy,
including--
(A) formulation of energy efficiency, energy conservation,
and energy usage goals;
(B) identification of strategies to meet such goals through
efforts to increase energy efficiency and reduce energy
consumption;
(C) identification of strategies to encourage behavioral
changes among the populace that will help achieve such goals;
(D) development of methods to measure progress in achieving
such goals;
(E) development and preparation of annual reports to the
citizenry of the eligible entity's energy efficiency
strategies and goals, and progress in achieving them; and
(F) other services to assist in the implementation of the
Energy Efficiency Strategy.
(3) Conducting energy audits.
(4) Development and implementation of weatherization
programs.
(5) Creation of financial incentive programs for energy
efficiency retrofits, including zero-interest or low-interest
revolving loan funds.
(6) Grants to nonprofit organizations and governmental
agencies for energy retrofits.
(7) Development and implementation of energy efficiency
programs and technologies for buildings and facilities of
nonprofit organizations and governmental agencies.
(8) Development and implementation of building and home
energy conservation programs, 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 protocols; and
(E) identification of energy efficient technologies.
(9) Development and implementation of energy conservation
programs, including--
(A) use of flex time by employers;
(B) satellite work centers; and
(C) other measures that have the effect of increasing
energy efficiency and decreasing energy consumption.
(10) Development and implementation of building codes and
inspection services for public, commercial, industrial, and
single and multifamily residential buildings to promote
energy efficiency.
(11) Application and implementation of alternative energy
and energy distribution technologies that significantly
increase energy efficiency and promote distributed resources
and district heating and cooling systems.
(12) Development and promotion of zoning guidelines or
requirements that result in increased energy efficiency,
efficient development, active living land use planning, and
infrastructure such as bike lanes and pathways, and
pedestrian walkways.
(13) Promotion of greater participation and efficiency
rates for material conservation programs, including source
reduction, recycling, and recycled content procurement
programs that lead to increases in energy efficiency.
(14) Establishment of a State, county, or city office to
assist in the development and implementation of the Energy
Efficiency Strategy.
SEC. 9095. REQUIREMENTS.
(a) Requirements for Eligible Units of Local Government.--
(1) Proposed strategy.--Not later than 1 year after being
awarded a grant under this part, an eligible unit of local
government shall submit to the Secretary a proposed Energy
Efficiency Strategy which establishes goals for increased
energy efficiency in the jurisdiction of the eligible units
of local government. The Strategy shall include plans for the
use of funds received under the grant to assist the eligible
unit of local government in the achievement of such goals,
consistent with section 9094. In developing such a Strategy,
an eligible unit of local government shall take into account
any plans for the use of funds by adjoining eligible units of
local governments funded under this part.
(2) Approval.--The Secretary shall approve or disapprove a
proposed Strategy submitted under paragraph (1) not later
than 90 days after receiving it. If the Secretary disapproves
a proposed Strategy, the Secretary shall provide to the
eligible unit of local government the reasons for such
disapproval. The eligible unit of local government may revise
and resubmit the Strategy, as many times as required, until
approval is granted.
(3) Funding for preparation of strategy.--
(A) In general.--Until the Secretary has approved a
proposed Energy Efficiency Strategy under paragraph (2), the
Secretary shall only disburse to an eligible unit of local
government $200,000 or 20 percent of the grant, whichever is
greater, which may be used only for preparation of the
Strategy.
(B) Remainder of funds.--The remainder of an eligible unit
of local government's grant funds awarded but not disbursed
under subparagraph (A) shall remain available and shall be
disbursed by the Secretary upon approval of the Strategy.
(4) Limitations on use of funds.--Of the amounts provided
through a grant under this part, an eligible unit of local
government may use--
(A) not more than 10 percent, or $75,000, whichever is
greater, for administrative expenses, not including expenses
needed to meet reporting requirements under this part;
(B) not more than 20 percent, or $250,000, whichever is
greater, for the establishment of revolving loan funds; and
(C) not more than 20 percent, or $250,000, whichever is
greater, for subgranting to nongovernmental organizations for
the purpose of assisting in the implementation of the Energy
Efficiency Strategy.
(5) Annual report.--Not later than 2 years after receipt of
the first disbursement of funds from a grant awarded under
this part, and annually thereafter, an eligible unit of local
government shall submit a report to the Secretary on the
status of the Strategy's development and implementation, and,
where practicable, a best available assessment of energy
efficiency gains within the jurisdiction of the eligible unit
of local government.
(b) Requirements for States.--
(1) Allocation of grant funds.--A State receiving a grant
under this part shall use at least 70 percent of the funds
received to provide subgrants to units of local government in
the State that are not eligible units of local government.
The State shall make such subgrant awards not later than 6
months after approval of the State's Strategy under paragraph
(3).
(2) Proposed strategy.--Not later than 120 days the date of
enactment of this Act, each State shall submit to the
Secretary a proposed Energy Efficiency Strategy which
establishes a process for making subgrants described in
paragraph (1), and establishes goals for increased energy
efficiency in the jurisdiction of the State. The Strategy
shall include plans for the use of funds received under a
grant under this part to assist the State in the achievement
of such goals, consistent with section 9094.
[[Page 23104]]
(3) Approval.--The Secretary shall approve or disapprove a
proposed Strategy submitted under paragraph (2) not later
than 90 days after receiving it. If the Secretary disapproves
a proposed Strategy, the Secretary shall provide to the State
the reasons for such disapproval. The State may revise and
resubmit the Strategy, as many times as required, until
approval is granted.
(4) Funding for preparation of strategy.--
(A) In general.--Until the Secretary has approved a
proposed Energy Efficiency Strategy under paragraph (2), the
Secretary shall only disburse to a State $200,000 or 20
percent of the grant, whichever is greater, which may be used
only for preparation of the Strategy.
(B) Remainder of funds.--The remainder of a State's grant
funds awarded but not disbursed under subparagraph (A) shall
remain available and shall be disbursed by the Secretary upon
approval of the Strategy.
(5) Limitations on use of funds.--Of the amounts provided
through a grant under this part, a State may use not more
than 10 percent for administrative expenses.
(6) Annual reports.--A State shall annually report to the
Secretary on the development and implementation of its
Strategy. Each such report shall include--
(A) a status report on the State's subgrant program
described in paragraph (1);
(B) a best available assessment of energy efficiency gains
achieved through the State's Strategy; and
(C) specific energy efficiency and energy conservation
goals for future years.
(c) State and Local Advisory Committee.--
(1) State and local advisory committee.--The Secretary
shall establish a State and Local Advisory Committee to
provide advice regarding the administration, direction, and
evaluation of the program under this part.
SEC. 9096. REVIEW AND EVALUATION.
The Secretary may review and evaluate the performance of
grant recipients, including by performing audits, and may
deny funding to such grant recipients for failure to properly
adhere to--
(1) the Secretary's guidelines and regulations relating to
the program under this part, including the misuse or
misappropriation of funds; or
(2) the grant recipient's Strategy.
SEC. 9097. TECHNICAL ASSISTANCE AND EDUCATION PROGRAM.
(a) Establishment.--The Secretary shall establish and carry
out a technical assistance and education program to provide--
(1) technical assistance to State and local governments;
(2) public education programs;
(3) demonstration of innovative energy efficiency systems
and practices; and
(4) identification of effective measurement methodologies
and methods for changing or influencing public participation
in, and awareness of, energy efficiency programs.
(b) Eligible Recipients.--Eligible recipients of assistance
under this section shall include State and local governments,
State and local government associations, public and private
nonprofit organizations, and colleges and universities.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section $150,000,000 for each of the fiscal years 2008
through 2012.
SEC. 9098. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--There are authorized to be appropriated to the
Secretary for grants under this part, $2,000,000,000 for each
of fiscal years 2008 through 2012.
(b) Administration.--There are authorized to be
appropriated to the Secretary for administrative expenses of
the program established under this part--
(1) $20,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009;
(3) $25,000,000 for fiscal year 2010;
(4) $25,000,000 for fiscal year 2011; and
(5) $30,000,000 for fiscal year 2012.
Subtitle B--Smart Grid Facilitation
SEC. 9101. SHORT TITLE.
This subtitle may be cited as the ``Smart Grid Facilitation
Act of 2007''.
PART 1--SMART GRID
SEC. 9111. STATEMENT OF POLICY ON MODERNIZATION OF
ELECTRICITY GRID.
(a) Smart Grid Characteristics.--It is the policy of the
United States to support the modernization of the Nation's
electricity transmission and distribution system to
incorporate digital information and controls technology and
to share real-time pricing information with electricity
customers to achieve each of the following, which together
characterize a smart grid:
(1) Increased reliability, security and efficiency of the
electric grid.
(2) Dynamic optimization of grid operations and resources,
with full cyber-security.
(3) Deployment and integration of distributed resources and
generation.
(4) Development and incorporation of demand response
demand-side resources, and energy efficiency resources.
(5) Deployment of ``smart'' technologies for metering,
communications concerning grid operations and status, and
distribution automation.
(6) Integration of ``smart'' appliances and consumer
devices.
(7) Deployment and integration of renewable energy
resources, both to the grid and on the customer side of the
electric meter.
(8) Deployment and integration of advanced electricity
storage and peak-sharing technologies, including plug-in
electric and hybrid electric vehicles, and thermal-storage
air conditioning.
(9) Provision to consumers of new information and control
options.
(10) Continual environmental improvement in electricity
production and distribution.
(11) Enhanced capacity and efficiency of electricity
networks, reduction of line losses, and maintenance of power
quality.
(b) Support.--The Secretary of Energy and the Federal
Energy Regulatory Commission and other Federal agencies as
appropriate shall undertake programs to support the
development and demonstration of Smart Grid technologies and
standards to maximize the achievement of these goals.
(c) Barriers.--It is further the policy of the United
States that no State, State agency, or local government or
instrumentality thereof should prohibit, or erect
unreasonable barriers to, the deployment of smart grid
technologies on an electric utility's distribution
facilities, or unreasonably limit the services that may be
provided using such technologies.
(d) Information.--It is further the policy of the United
States that electricity purchasers are entitled to receive
information about the varying value of electricity at
different times and places, and that States shall not
prohibit nor erect unreasonable barriers to the provision of
such information flows to end users.
SEC. 9112. GRID MODERNIZATION COMMISSION.
(a) Establishment and Mission.--
(1) Establishment.--The President shall establish a Grid
Modernization Commission composed of 9 members. Three members
of the Commission shall be appointed by the President, and
one each shall be appointed by the Speaker and Minority
Leader of the United States House of Representatives and by
the Majority Leader and Minority Leader of the United States
Senate. Two members shall be appointed by the President from
among persons recommended by an association representing
State utility regulatory commissioners. The President shall
designate one Commissioner to serve as Chairperson.
(2) Mission.--The mission of the Grid Modernization
Commission shall be to facilitate the adoption of Smart Grid
standards, technologies, and practices across the Nation's
electricity grid to the point of general adoption and ongoing
market support in the United States electric sector. The
Commission shall be responsible for monitoring developments,
encouraging progress toward common standards and protocols,
identifying barriers and proposing solutions, coordinating
with all Federal departments and agencies, and coordinating
approaches on smart grid implementation with States and local
governmental authorities.
(b) Membership.--The members appointed to the Commission
shall, collectively, have qualifications in electric utility
operations and infrastructure, digital information and
control technologies, security, market development, finance
and utility regulation, energy efficiency, demand response,
renewable energy, and consumer protection.
(c) Authorities to Intervene.--The Commission shall have
the authority to intervene and represent itself before the
Federal Energy Regulatory Commission and other Federal and
State agencies as it deems necessary to accomplish its
mission.
(d) Terms of Office.--The term of office of each
Commissioner shall be 5 years, and any member may be
reappointed for not more than one additional term of 5 years.
(e) Termination.--Unless extended by Act of Congress, the
Commission shall complete its work and cease its activities
by January 1, 2020, or on such earlier date that the
Commission determines that the proliferation, evolution, and
adaptation of Smart Grid technologies no longer require
Federal leadership and assistance.
(f) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level III of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(g) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(h) Meetings.--The Commission shall meet at the call of the
Chairman. Commission meetings shall be open to the public,
but as many as three Commissioners may meet in
[[Page 23105]]
private without constituting a meeting requiring public
access.
(i) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.)
shall not apply to the Commission.
(j) Offices and Staff.--The Secretary of Energy shall
provide the Commission with offices in the Department of
Energy and shall make available to the Commission the
expertise and staff resources of both the Office of
Electricity Delivery and Energy Reliability and the Office of
Energy Efficiency and Renewable Energy.
(k) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(l) Executive Director.--The Secretary of Energy shall
appoint an officer of the Senior Executive Service to serve
as Executive Director to the Commission.
(m) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(n) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out this part. Upon request of the Chairman of the
Commission, the head of such department or agency shall
furnish such information to the Commission. The Commission
shall maintain the same level of confidentiality for such
information made available under this subsection as is
required of the head of the department or agency from which
the information was obtained.
(o) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
SEC. 9113. GRID ASSESSMENT AND REPORT.
(a) In General.--The Grid Modernization Commission shall
undertake, and update on a biannual basis, an assessment of
the progress toward modernizing the electric system from
generation to ultimate electricity consumption, including
implementation of ``smart grid'' technologies. The Commission
shall prepare this assessment with input from stakeholders
including but not limited to electric utilities, other
Federal offices, States, companies involved in developing
related technologies, the National Electric Reliability
Organization recognized by the Federal Energy Regulatory
Commission, electricity customers, and persons with special
related expertise. The assessment shall include each of the
following:
(1) An updated inventory of existing smart grid systems.
(2) A description of the condition of existing grid
infrastructure and procedures for determining the need for
new infrastructure;
(3) A description of any plans of States, utilities, or
others to introduce smart grid systems and technologies.
(4) An assessment of constraints to deployment of smart
grid technology and most important opportunities for doing
so, including the readiness or lack thereof of enabling
technologies.
(5) An assessment of remaining potential benefits resulting
from introduction of smart grid systems, including benefits
related to demand-side efficiencies, improved reliability,
improved security, reduced prices, and improved integration
of renewable resources.
(6) Recommendations for legislative or regulatory changes
to remove barriers to and create incentives for smart grid
system implementation and to meet the policy goals of this
title.
(7) An estimate of the potential costs required for
modernization of the electricity grid, with specificity
relative to geographic areas and components of the grid,
together with an assessment of whether the necessary funds
would be available to meet such costs, and the sources of
such funds.
(8) An assessment of ancillary benefits to other economic
sectors or activities beyond the electricity sector, such as
potential broadband service over power lines.
(9) An assessment of technologies, activities or
opportunities in energy end use devices, customer premises,
buildings, and power generation and storage devices that
could accelerate or expand the impact and effectiveness of
smart grid advances.
(10) An assessment of potential risks to personal privacy,
corporate confidentiality, and grid security from the spread
of smart grid technologies, and if so what additional
measures and policies are needed to assure privacy and
information protection for electric customers and grid
partners, and cyber-security protection for extended grid
systems.
(11) An assessment of the readiness of market forces to
drive further implementation and evolution of ``smart grid''
technologies in the absence of government leadership.
(12) Recommendations to the Secretary of Energy and other
Federal officers on actions they should take to assist.
The Commission may request electric utilities to provide
information relating to deployment and planned deployment of
smart grid systems and technologies. At the request of the
utility, the Commission shall maintain the confidentiality of
utility-specific or specific security-related information.
The Commission shall provide opportunities for input and
comment by interested persons, including representatives of
electricity consumers, Smart Grid technology service
providers, the electric utility industry, and State and local
government.
(b) State and Regional Assessment and Report.--States or
groups of States are encouraged to participate in the
development of State or region-specific components of the
assessment and report under subsection (a). Such State-
specific components may address the assessment and reporting
criteria above but also may include but not be limited to any
of the following:
(1) Assessment of types of security threats to electricity
delivery.
(2) Energy assurance and response plans to address security
threats.
(3) Plans for introduction of smart grid systems and
technologies over 3, 5, and 10 year planning horizons.
The Commission may make grants to States that begin
development of a State or Regional Plan within 180 days after
the enactment of this Act to offset up to one-half of the
costs required to develop such plans.
(c) Smart Grid Report.--Based on its completed initial
assessment under subsection (a), the Commission shall submit
a report to Congress and the President not later than 2 years
after the date of enactment of this Act and subsequent
reports every 2 years thereafter. Each report shall include
recommendations to the President and to the Congress on
actions necessary to modernize the electricity grid. The
Commission shall annually update and revise its report and as
well as conduct ongoing monitoring and evaluation activities.
(d) Consultation and Public Input.--The Commission shall
consult with the Secretary of Energy and the Federal Energy
Regulatory Commission on technical issues associated with
advanced electricity grid technologies. The Commission shall
to the extent feasible provide for broad and frequent input
from stakeholders and the general public.
(e) Interoperability Protocols and Model Standards for
Information Management.--
(1) In general.--The Grid Modernization Commission shall
work with the National Institute of Standards and Technology,
as well as with Smart Grid stakeholders, to develop protocols
and model standards for information management to achieve
interoperability of smart grid devices and systems. Such
protocols and model standards shall be flexible, uniform, and
technology-neutral, including but not limited to technologies
for communication of Smart Grid information. Such protocols
and standards shall further align policy, business, and
technology approaches in a manner that--
(A) enables all electric resources, including demand-side
resources, storage devices, renewable generation resources,
other distributed generation resources, to be interconnected
to and function compatibly with the grid, on an automated
basis to the extent appropriate;
(B) enables electricity-consuming equipment to communicate
with and contribute to an efficient, reliable electricity
network, on an automated basis to the extent appropriate;
(C) enhances two-way communication between Smart-Grid
enabled devices connected to the electric power grid;
(D) supports the ability of Smart-Grid enabled devices to
exchange information, regardless of the operating system,
programming languages, or media of communication utilized by
such devices;
(E) enables the operators of utilities and regional system
operators of the grid to automatically detect anomalies and
respond to isolate areas affected in order to maintain
reliability; and
(F) enables State regulators and individual utility
managers to develop rate structures and regulations
incorporating Smart Grid capabilities for the benefit of
consumers and the electricity system, accommodating increased
demand response and distributed generation.
(2) Meetings and working group for development of
interoperability protocols and model standards.--Within 60
days after the enactment of this section, the Director of the
National Institute of Standards and Technology shall convene
meetings of experts and stakeholders to discuss and achieve
such standards, for the purpose of forming an ongoing
voluntary working group. Upon the creation of the Grid
Modernization Commission, the Commission shall assume the
role of convening further such meetings and collaborating
with such a working group to continue progress towards such
standards, with continued technical support from the Director
of the National Institute of Standards and Technology. The
Gridwise Architecture Council, the International Electrical
and Electronics Engineers, the National Electric Reliability
Organization recognized by the Federal Energy
[[Page 23106]]
Regulatory Commission, and National Electrical Manufacturer's
Association shall be among stakeholders invited to such
meetings, together with other groups of manufacturers of
equipment that could usefully be Smart-Grid capable, groups
of customers, State and Federal regulators, electric utility
groups, communications and computer experts, and other
Federal offices and agencies that have roles related to
security, communications, computerization, and reliability of
the electricity system.
(3) Reporting and adoption of protocols and model
standards.--
(A) Reporting requirements.--The Director of the National
Institute of Standards and Technology and the Grid
Modernization Commission, after it is created, shall report
annually to Congress on the progress of creating such
protocols and model standards.
(B) Adoption.--The Commission shall review such protocols
and standards as are recommended by the working group and,
upon finding that they meet the goals stated in paragraph
(1), shall publish such finding, and shall encourage
utilities, regulators, and other stakeholders to adopt to
such standards.
(C) Publication.--Except to the extent they may allow or
create threats to grid reliability and security, such
standards and protocols shall be made publicly available for
general use by manufacturers, utilities, regulators, and
others.
(D) Goal.--The intent of Congress is that such protocols
and model standards will be initially developed, reviewed,
and approved for general adoption, subject to further
improvements, within 3 years of the enactment of this
section.
(f) Authorization.--There are authorized to be appropriated
for the purposes of this section--
(1) $5,000,000 to the National Institute of Standards and
Technology for each of fiscal years 2009 through 2012, and
such sums as may thereafter be necessary to support the
purposes of this section; and
(2) $20,000,000 to the Secretary of Energy to support the
operations of the Grid Modernization Commission for each of
fiscal years 2009 through 2020.
SEC. 9114. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT
COSTS.
(a) Matching Fund.--The Secretary of Energy shall
establish a Smart Grid Investment Matching Grant Program to
provide reimbursement of one-fourth of qualifying Smart Grid
investments.
(b) Qualifying Investments.--Qualifying Smart Grid
investments may include any of the following made on or after
the date of enactment of this Act:
(1) In the case of appliances covered for purposes of
establishing energy conservation standards under part B of
title III of the Energy Policy and Conservation Act of 1975
(42 U.S.C. 6291 and following), the documented expenditures
incurred by a manufacturer of such appliances associated with
purchasing or designing, creating the ability to manufacture,
and manufacturing and installing for one calendar year,
internal devices that allow the appliance to engage in Smart
Grid functions.
(2) In the case of specialized electricity-using equipment,
including motors and drivers, installed in industrial or
commercial applications, the documented expenditures incurred
by its owner or its manufacturer of installing devices or
modifying that equipment to engage in Smart Grid functions.
(3) In the case of transmission and distribution equipment
fitted with monitoring and communications devices to enable
smart grid functions, the documented expenditures incurred by
the electric utility to purchase and install such monitoring
and communications devices.
(4) In the case of metering devices, sensors, control
devices, and other devices integrated with and attached to an
electric utility system that are capable of engaging in Smart
Grid functions, the documented expenditures incurred by the
electric utility and its customers to purchase and install
such devices.
(5) In the case of software that enables devices or
computers to engage in Smart Grid functions, the documented
purchase costs of the software.
(6) In the case of entities that operate or coordinate
operations of regional electric grids, the documented
expenditures for purchasing and installing such equipment
that allows Smart Grid functions to operate and be combined
or coordinated among multiple electric utilities and between
that region and other regions.
(7) In the case of persons or entities other than electric
utilities owning and operating a distributed electricity
generator, the documented expenditures of enabling that
generator to be monitored, controlled, or otherwise
integrated into grid operations and electricity flows on the
grid utilizing Smart Grid functions.
(8) In the case of electric or hybrid-electric vehicles,
the documented expenses for devices that allow the vehicle to
engage in Smart Grid functions.
(9) The documented expenditures related to purchasing and
implementing Smart Grid functions in such other cases as the
Secretary of Energy shall identify. In making such grants,
the Secretary shall seek to reward innovation and early
adaptation, even if success is not complete, rather than
deployment of proven and commercially viable technologies.
(c) Investments Not Included.--Qualifying Smart Grid
investments do not include any of the following:
(1) Expenditures for electricity generation, transmission,
or distribution infrastructure or equipment not directly
related to enabling Smart Grid functions.
(2) After the effective date of a standard under paragraph
(21) of section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (relating to Smart Grid information), an
investment that is not in compliance with such standard.
(3) After the development and publication by the Commission
of protocols and model standards for interoperability of
smart grid devices and technologies, an investment that fails
to incorporate any of such protocols or model standards.
(4) Expenditures for physical interconnection of generators
or other devices to the grid except those that are directly
related to enabling Smart Grid functions.
(5) Expenditures for ongoing salaries, benefits, or
personnel costs not incurred in the initial installation,
training, or start up of smart grid functions.
(6) Expenditures for travel, lodging, meals or other
personal costs.
(7) Ongoing or routine operation, billing, customer
relations, security, and maintenance expenditures.
(8) Such other expenditures that the Secretary of Energy
determines not to be Qualifying Smart Grid Investments by
reason of the lack of the ability to perform smart grid
functions or lack of direct relationship to smart grid
functions.
(d) Smart Grid Functions.--The term ``smart grid
functions'' means any of the following:
(1) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time
of use, nature of use, storage, or other information relevant
to device, grid, or utility operations, to or from or by
means of the electric utility system, through one or a
combination of devices and technologies.
(2) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time
or use, nature of use, storage, or other information relevant
to device, grid, or utility operations to or from a computer
or other control device.
(3) The ability to measure or monitor electricity use as a
function of time of day, power quality characteristics such
as voltage level, current, cycles per second, or source or
type of generation and to store, synthesize or report that
information by digital means.
(4) The ability to sense and localize disruptions or
changes in power flows on the grid and communicate such
information instantaneously and automatically for purposes of
enabling automatic protective responses to sustain
reliability and security of grid operations.
(5) The ability to detect, prevent, communicate with regard
to, respond to, or recover from system security threats,
including cyber-security threats and terrorism, using digital
information, media, and devices.
(6) The ability of any appliance or machine to respond to
such signals, measurements, or communications automatically
or in a manner programmed by its owner or operator without
independent human intervention.
(7) The ability to use digital information to operate
functionalities on the electric utility grid that were
previously electro-mechanical or manual.
(8) The ability to use digital controls to manage and
modify electricity demand, enable congestion management,
assist in voltage control, provide operating reserves, and
provide frequency regulation.
(9) Such other functions as the Secretary of Energy may
identify as being necessary or useful to the operation of a
Smart Grid.
(e) Office.--The Secretary of Energy shall--
(1) establish an Office to administer the Smart Grid
Investment Grant Program, assuring that expert resources from
the Commission on Grid Modernization, the Office of Energy
Distribution and Electricity Reliability, and the Office of
Energy Efficiency and Renewable Energy are fully available to
advise on its administration and actions;
(2) appoint a Senior Executive Service officer to direct
the Office, together with such personnel as are required to
administer the Smart Grid Investment Grant program;
(3) establish and publish in the Federal Register, within
180 days after the enactment of this Act procedures by which
applicants who have made qualifying Smart Grid investments
can seek and obtain reimbursement of one-fourth of their
documented expenditures;
(4) establish procedures to assure that there is no
duplication or multiple reimbursement for the same investment
or costs, that the reimbursement goes to the party making the
actual expenditures for Qualifying Smart Grid Investments,
and that the grants made have significant effect in
encouraging and facilitating the development of a smart
grid.;
(5) maintain public records of reimbursements made,
recipients, and qualifying
[[Page 23107]]
Smart Grid investments which have received reimbursements;
(6) establish procedures to provide, in cases deemed by the
Secretary to be warranted, advance payment of moneys up to
the full amount of the projected eventual reimbursement, to
creditworthy applicants whose ability to make Qualifying
Smart Grid Investments may be hindered by lack of initial
capital, in lieu of any later reimbursement for which that
applicant qualifies, and subject to full return of the
advance payment in the event that the Qualifying Smart Grid
investment is not made;
(7) establish procedures to provide, in the event
appropriated moneys in any year are insufficient to provide
reimbursements for qualifying Smart Grid investments, that
such reimbursement would be made in the next fiscal year or
whenever funds are again sufficient, with the condition that
the insufficiency of funds to reimburse Qualifying Smart Grid
Investments from moneys appropriated for that purpose does
not create a Federal obligation to that applicant; and
(8) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgement
of the Secretary.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy the sums of--
(1) $10,000,000 for each of fiscal years 2008 through 2012
to provide for administration of the Smart Grid Investment
Matching Fund; and
(2) $250,000,000 for fiscal year 2008 and $500,000,000 for
each of fiscal years 2009 through 2012 to provide
reimbursements of one-fourth of Qualifying Smart Grid
Investments.
SEC. 9115. SMART GRID TECHNOLOGY DEPLOYMENT.
(a) Power Grid Digital Information Technology.--The
Secretary of Energy shall conduct programs to--
(1) deploy advanced techniques for measuring peak load
reductions and energy efficiency savings on customer premises
from smart metering, demand response, distributed generation
and electricity storage systems;
(2) implement means for demand response, distributed
generation, and storage to provide ancillary services;
(3) advance the use of wide-area measurement networks
including data mining, visualization, advanced computing, and
secure and dependable communications in a highly distributed
environment; and
(4) implement reliability technologies in a grid control
room environment against a representative set of local outage
and wide area blackout scenarios.
(b) Smart Grid Regional Demonstration Program.--
(1) Establishment of program.--The Secretary of Energy
shall establish a program of demonstration projects
specifically focused on advanced technologies for power grid
sensing, communications, analysis, and power flow control,
including the integration of demand-side resources into grid
management. The goals of this program shall be to--
(A) demonstrate the potential benefits of concentrated
investments in advanced grid technologies on a regional grid;
(B) facilitate the commercial transition from the current
power transmission and distribution system technologies to
advanced technologies; and
(C) facilitate the integration of advanced technologies in
existing electric networks to improve system performance,
power flow control and reliability.
(2) Demonstration projects.--The Secretary shall establish
Smart Grid demonstration projects for not more than 5
electric utility systems of various types and sizes under
this subsection. Such demonstration projects shall be
undertaken in cooperation with the electric utility. Under
such demonstration projects, financial assistance shall be
available to cover not more than one-half of the qualifying
Smart Grid technology investments made by the electric
utility. Any project receiving financial assistance under
this section shall not be eligible to receive financial
assistance (including loan guarantees) under any other
Federal program.
(c) Authorization.--
(1) Power grid digital information technology programs.--
There are authorized to be appropriated to carry out
subsection (a) such sums as are necessary for each of the
fiscal years 2008 through 2012.
(2) Smart grid regional demonstration program.--There is
authorized to be appropriated to carry out subsection (b)
$20,000,000 for each of the fiscal years 2008 through 2012.
SEC. 9116. SMART GRID INFORMATION REQUIREMENTS.
(a) Findings.--Congress finds that Smart Grid technologies
will require, for their optimum use by electricity consumers,
that such consumers have access to information on prices,
use, and other factors in possession of their utilities or
electricity suppliers, in order to assist the customers in
optimizing their electricity use and limiting the associated
environmental impacts.
(b) Development of Rules.--The Commission on Grid
Modernization shall within one year of its initial meeting
develop and declare a standard for the collection,
presentation and delivery of information to electricity
purchasers as required by the standard under section
111(d)(21) of the Public Utility Regulatory Policies Act of
1978. Such standard shall provide purchasers with different
access options for such information. Such standard shall be
developed with input from the Secretary of Energy, the
Federal Energy Regulatory Commission, the Administrator of
the Environmental Protection Agency, States, and stakeholders
representing, but not limited to, electric utilities, energy
efficiency and demand response experts, environmental
organizations and consumer organizations.
(c) Application of Smart Grid Information Standard to
Federal Entities and Wholesale Markets.--Within 60 days of
the declaration of the standard under subsection (b), the
Federal Energy Regulatory Commission shall propose a rule
under which all public utilities, with respect to federally
jurisdictional sales for resale of electricity in interstate
commerce, and all approved regional transmission
organizations subject to its jurisdiction, will implement
those elements of the Smart Grid information standard
developed pursuant to this section that the Commission
determines to be relevant and to add value for purchasers of
wholesale power or those utilizing interstate transmission.
The Tennessee Valley Authority, Bonneville Power
Administration, and Federal power administrations shall,
within 90 days of the adoption of a final rule by the
Commission, adopt it for their own sales or transmission of
electricity.
SEC. 9117. STATE CONSIDERATION OF INCENTIVES FOR SMART GRID.
(a) Consideration of Additional Standards.--Section 111(d)
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2621(d)) is amended by adding at the end:
``(16) Utility investment in smart grid investments.--Each
electric utility shall prior to undertaking investments in
non-advanced grid technologies demonstrate that alternative
investments in advanced grid technologies have been
considered, including from a standpoint of cost-
effectiveness, where such cost-effectiveness considers costs
and benefits on a life-cycle basis.
``(17) Utility cost of smart grid investments.--Each
electric utility shall be permitted to--
``(A) recover from ratepayers the capital and operating
expenditures and other costs of the utility for qualified
smart grid system, including a reasonable rate of return on
the capital expenditures of the utility for a qualified smart
grid system, and
``(B) recover in a timely manner the remaining book-value
costs of equipment rendered obsolete by the deployment of a
qualified smart grid system, based on the remaining
depreciable life of the obsolete equipment.
``(18) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by any
electric utility shall--
``(i) align utility incentives with the delivery of cost-
effective energy efficiency; and
``(ii) promote energy efficiency investments.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) removing the throughput incentive and other
regulatory and management disincentives to energy efficiency;
``(ii) providing utility incentives for the successful
management of energy efficiency programs;
``(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives;
``(iv) adopting rate designs that encourage energy
efficiency for each customer class; and
``(v) allowing timely recovery of energy efficiency-related
costs.
``(19) Smart grid information.--
``(A) Standard.--All electricity purchasers shall be
provided direct access, both in written and electronic
machine-readable form, to information from their electricity
provider as provided in subparagraph (B).
``(B) Information.--Information provided under this section
shall conform to the standardized rules issued by the
Commission on Grid Modernization under section 9116(b) of the
Smart Grid Facilitation Act of 2007 and shall include:
``(i) Prices.--Purchasers and other interested persons
shall be provided with information on:
``(I) Time-based electricity prices in the wholesale
electricity market; and
``(II) Time-based electricity retail prices or rates that
are available to the purchasers.
``(ii) Usage.--Purchasers shall be provided with the number
of electricity units, expressed in kwh, purchased by them
``(iii) Intervals and projections.--Updates of information
on prices and usage shall be offered on not less than a daily
basis, shall include hourly price and use information, where
available, and shall include a day-ahead projection of such
price information to the extent available.
``(iv) Sources.--Purchasers and other interested person
shall be provided with written information on the sources of
the power
[[Page 23108]]
provided by the utility, to the extent it can be determined,
by type of generation, including greenhouse gas emissions and
criteria pollutants associated each type of generation, for
intervals during which such information is available on a
cost-effective basis, but not less than monthly.
``(C) Access.--Purchasers shall be able to access their own
information at any time through the internet and on other
means of communication elected by that utility for Smart Grid
applications. Other interested persons shall be able to
access information not specific to any purchaser through the
Internet. Information specific to any purchaser shall be
provided solely to that purchaser.''.
(b) Reconsideration of Certain Standards.--Section 112 of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended by adding the following at the end thereof:
``(g) Reconsideration of Prior Time-of-Day and
Communication Standards.--Not later than 1 year after the
enactment of this subsection, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated utility shall
commence a reconsideration under section 111, or set a
hearing date for reconsideration, with respect to the
standards established by paragraphs (3) and (14) of section
111(d) to take into account Smart Grid technologies. Not
later than 2 years after the date of the enactment of this
subsection, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority),
and each nonregulated electric utility, shall complete the
reconsideration, and shall make the determination, referred
to in section 111 with respect to the standards established
by paragraphs (3) and (14) of section 111(d).''.
(c) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding the following at the end thereof:
``(6)(A) Not later than 1 year after the enactment of this
paragraph, but not less than 3 years after the conclusion of
any prior review of such standards, each State regulatory
authority (with respect to each electric utility for which it
has ratemaking authority) and each nonregulated utility shall
commence the consideration referred to in section 111, or set
a hearing date for consideration, with respect to the
standards established by paragraphs (16) through (18) of
section 111(d). Not later than 6 months after the
promulgation of rules by the Commission on Grid Modernization
under section 9116(b) of the Smart Grid Facilitation Act of
2007, each State regulatory authority (with respect to each
electric utility for which it has ratemaking authority) and
each nonregulated utility shall commence the consideration
referred to in section 111, or set a hearing date for
consideration, with respect to the standard established by
paragraph (19) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of the this paragraph, but not less than 4 years
after the conclusion of any prior review of such standard,
each State regulatory authority (with respect to each
electric utility for which it has ratemaking authority), and
each nonregulated electric utility, shall complete the
consideration, and shall make the determination, referred to
in section 111 with respect to each standard established by
paragraphs (16) through (18) of section 111(d). Not later
than 18 months after the promulgation of rules by the
Commission on Grid Modernization under section 9116(b) of the
Smart Grid Facilitation Act of 2007 each State regulatory
authority (with respect to each electric utility for which it
has ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to
each standard established by paragraph (19) of section
111(d).''.
(2) Failure to comply.--Section 112(c) of such Act is
amended by adding the following at the end: ``In the case of
the standards established by paragraphs (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 such Act is
amended by inserting ``and paragraphs (16) through (18)''
before ``of section 111(d)''.
SEC. 9118. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID
SYSTEMS.
(a) DOE Study.--The Secretary of Energy shall, within 6
months after the Grid Modernization Commission completes its
first biennial assessment and report under section 9113 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 emergency
communications and control of the Nation's electricity system
during times of localized or nationwide emergency.
(b) Consultation.--The Secretary shall consult with other
Federal agencies in the development of the report under this
section, including but not limited to the Secretary of
Homeland Security, the Federal Energy Regulatory Commission
and the Electric Reliability Organization certified by the
Commission under section 215(c) of the Federal Power Act (16
U.S.C. 824 o) as added by section 1211 of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 941)
(c) Funding.--The Secretary shall fund demonstration
projects for the purpose of demonstrating the findings of the
report under this section. Not more than $10,000,000 are
authorized to be appropriated for such projects.
PART 2--DEMAND RESPONSE
SEC. 9121. ELECTRICITY SECTOR DEMAND RESPONSE.
(a) Amendment of NECPA.--Title V of the National Energy
Conservation Policy Act (42 U.S.C. 8201 and following) is
amended by adding the following new part at the end thereof:
``PART 5--PEAK DEMAND REDUCTION
``SEC. 571. DEFINITIONS.
``(a) Secretary.--As used in this part, the term
`Secretary' means the Secretary of Energy.
``(b) Federal Agency.--As used in this part, the term
`Federal agency' has the same meaning as provided by section
551 of this Act.
``SEC. 572. FEDERAL ELECTRICITY PEAK DEMAND REDUCTION
STANDARD.
``(a) 2008 Agency Annual Energy Plan.--Each Federal agency
shall prepare, and include in its annual report under section
548(a) of this Act, each of the following:
``(1) A determination of the agency's aggregate electricity
demand during the system peak hours for the utilities
providing electricity service to its facilities during 2006
and 2007.
``(2) A forecast for each year through 2018 of the
projected growth in such peak demand in light of projected
growth of facilities, staff, activities, electric intensity
of activities, and other relevant factors.
``(b) Federal Electricity Peak Demand Reduction Standard.--
``(1) In general.--Except as provided in paragraph (2), for
calendar year 2009 and each calendar year thereafter, each
Federal agency shall reduce its aggregate peak electricity
demand or make such amounts of electricity demand available
in the form of demand response, by the percentage amount
specified in the Federal Electricity Peak Demand Reduction
Standard set forth in the following table:
``Federal Electricity Peak Demand Reduction Standard
------------------------------------------------------------------------
Reduction of Peak Demand
Calendar Year Forecast
------------------------------------------------------------------------
2009................................... 2 percent of the peak demand
forecast for calendar year
2009
2010................................... 4 percent of the peak demand
forecast for calendar year
2010
2011................................... 6 percent of the peak demand
forecast for calendar year
2011
2012................................... 8 percent of the peak demand
forecast for calendar year
2012
2013................................... 10 percent of the peak demand
forecast for calendar year
2013
2014................................... 12 percent of the peak demand
forecast for calendar year
2014
2015................................... 14 percent of the peak demand
forecast for calendar year
2015
2016................................... 16 percent of the peak demand
forecast for calendar year
2016
2017................................... 18 percent of the peak demand
forecast for calendar year
2017
2018 and each calendar year thereafter. 20 percent of the peak demand
forecast for the applicable
calendar year
------------------------------------------------------------------------
In the table above, the term `forecast' refers to the
forecast set forth in the 2008 report under section 548(a) of
this Act as updated in accordance with subsection in
(c)(1)(C).
``(2) Exception.--The standard under this subsection shall
not apply to any activity of a Federal agency relating to
defense or national security if compliance with the standard
would have an adverse mission impact on the activity, as
determined by the Secretary of Defense or the Secretary of
Homeland Security.
``(c) Implementation of Standard.--
``(1) In general.--Not later than January 1, 2010, and each
calendar year thereafter,
[[Page 23109]]
each Federal agency shall include in the annual energy plan
of the Federal agency each of the following:
``(A) An assessment of whether the Federal agency was in
compliance with the standard under subsection (b) for the
preceding year.
``(B) A description of--
``(i) the method by which the Federal agency proposes to
comply with the standard for the following calendar year; and
``(ii) the factors relied on by the head of the Federal
agency in determining whether to participate in demand
response programs offered by an electric utility or others
during the preceding calendar year; and
``(iii) if the Federal agency did not participate in a
demand response program offered by each utility providing
electric service to facilities of the agency during the
preceding calendar year, an explanation for the decision by
the head of the Federal agency to not participate.
``(C) An update of the agency's prior forecast for the
remaining years in the period until 2018.
``(2) Availability to public.--Not later than January 1,
2010, and each calendar year thereafter, the head of each
Federal agency shall make available to the public a
description of each provision included in the annual energy
plan of the Federal agency described in subparagraphs (A)
through (C) of paragraph (1).
``(d) Modifications to Federal Energy Management Program.--
The Secretary shall make any modification to the Federal
Energy Management Program of the Department of Energy that
the Secretary determines to be necessary to--
``(1) incorporate the standard established under subsection
(b) into the Federal Energy Management Program;
``(2) assist any Federal agency to comply with the standard
established under subsection (b) through any appropriate
means, including conducting 1 or more demonstration projects
at Federal facilities.
``(e) Annual Report.--Not later than March 1, 2010, and
annually thereafter, the Secretary shall submit to Congress a
report that evaluates the success of agencies in meeting the
standard established under subsection (b) and the success of
the Federal Energy Management Program in assisting agencies
with meeting the standard, and the costs and benefits of such
participation.
``SEC. 573. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.
``(a) National Assessment and Report.--The Grid
Modernization Commission established under subtitle A of
title I of the Smart Grid Facilitation Act of 2007 shall
conduct a National Assessment of Demand Response. The
Commission shall, within 18 months of the date on which the
full Commission first meets, 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
Act 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.
The Commission shall seek to take advantage of preexisting
research and ongoing work, and shall assume that there is no
duplication of effort. The Commission shall further note any
barriers to demand response programs that are flexible, non-
discriminatory, and fairly compensatory for the services and
benefits made available and shall provide recommendations for
overcoming such barriers.
``(b) National Action Plan on Demand Response.--The Grid
Modernization Commission shall further develop and implement
a National Action Plan on Demand Response. 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) Provision of adequate technical assistance to States
to allow them to maximize the amount of demand response
resources that can be developed and deployed.
``(2) Implementation of a national communications program
that includes broad-based customer education and support.
``(3) Development and dissemination of tools, information
and other support mechanisms for use by customers, states,
utilities and demand response providers.
``(c) Authorization.--There are authorized to be
appropriated to carry out this section not more than
$10,000,000 for each of the fiscal years 2008 and 2009 and
$20,000,000 for each of the fiscal years 2010 through 2020.
``SEC. 574. REPORT ON ENVIRONMENTAL ATTRIBUTES AND IMPACTS OF
DEMAND RESPONSE AND SMART GRID SYSTEMS.
``(a) Report.--The Administrator of the Environmental
Protection Agency shall solicit public input and, within 6
months after completion of the National Assessment of Demand
Response required by section 573, submit a report to Congress
that addresses each of the following:
``(1) A quantitative assessment and determination of the
existing and potential impacts of demand response and `smart
grid' systems on air emissions and air quality, including but
not limited to carbon dioxide, oxides of nitrogen and oxides
of sulfur.
``(2) An assessment and determination of the existing and
potential impacts of demand response and `smart grid' systems
on environmental parameters other than emissions and air
quality, including but not limited to:
``(A) Land use.
``(B) Water use.
``(C) Use of renewable energy.
``(D) Effect on energy sources other than electricity.
``(3) A detailed plan for how Energy Efficiency and Clean
Energy programs administered by the Agency, including the
Energy Star Program, will incorporate and encourage end-use
efficiency, demand response and `smart grid' systems and
technologies, including but not limited to each of the
following:
``(A) Requirements that appliances and other equipment are
capable of manually and automatically receiving and acting
upon pricing and control information and or instructions
provided by the customer, a load serving entity or a third-
party designated by the customer.
``(B) Requirements for time-based valuation of kilowatt
hour reductions in planning and evaluation of energy
efficiency programs.
``(C) Education and communication, including to state
energy officials and state regulators, that build awareness
of demand response and smart grid systems and technologies
and their existing and potential relationship to such Agency
programs.
``(b) Funding.--There are authorized to be appropriated to
carry out this section such sums as may be necessary for
fiscal year 2010, to remain available until expended.''.
(b) Table of Contents.--The table of contents for such Act
is amended by adding the following after the items relating
to part 4 of title V:
``Part 5--Peak Demand Reduction
``Sec. 571. Definitions.
``Sec. 572. Federal Electricity Peak Demand Reduction Standard.
``Sec. 573. National action plan for demand response.
``Sec. 574. Report on environmental attributes and impacts of demand
response and smart grid systems.''.
Subtitle C--Loan Guarantees
SEC. 9201. AMOUNT OF LOANS GUARANTEED.
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Amount.--
``(1) Percentage of project cost.--A guarantee by the
Secretary shall not exceed an amount equal to 80 percent of
the project cost of the facility that is the subject of the
guarantee, as estimated at the time at which the guarantee is
issued, and shall be no less than the minimum amount
determined by the Secretary to be likely to attract
nonguaranteed investment adequate to capitalize the project.
``(2) Percentage of loan.--Subject to paragraph (1), the
Secretary may guarantee up to 100 percent of any loan or
other debt obligation of the borrower to fund an eligible
project, and may not issue a rule or regulation establishing
a lower percentage limit.''; and
(2) by adding at the end the following new subsection:
``(k) Wages.--No loan guarantee shall be made under this
title unless the borrower has provided to the Secretary
reasonable assurances that all laborers and mechanics
employed by contractors or subcontractors in the performance
of construction work financed in whole or in part with the
loan will be paid wages at rates not less than those
prevailing on similar work in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code (commonly referred
to as the Davis-Bacon Act).''.
SEC. 9202. EXCLUSION OF CATEGORIES.
Section 1704 of the Energy Policy Act of 2005 (42 U.S.C.
16514) is amended by adding at the end the following new
subsection:
``(c) Exclusion of Categories.--No appropriation authorized
pursuant to this section may exclude any category of eligible
project described in section 1703.''.
Subtitle D--Renewable Fuel Infrastructure and International Cooperation
PART 1--RENEWABLE FUEL INFRASTRUCTURE
SEC. 9301. RENEWABLE FUEL INFRASTRUCTURE DEVELOPMENT.
(a) Definition.--For purposes of this subtitle--
(1) the term ``renewable fuel'' means E85 biofuel, or B20;
(2) the term ``biofuel'' means fuel produced entirely from
biological material and determined by the Department of
Energy and the Environmental Protection Agency to be
commercially viable;
(3) the term ``B20'' means a mixture of biodiesel and
diesel fuel meeting the standard established by the American
Society for Testing and Materials or under section 211(u)
[[Page 23110]]
of the Clean Air Act for fuel containing 20 percent
biodiesel;
(4) the term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume;
(5) the term ``flexible-fuel vehicle'' means any motor
vehicle warranted by the manufacturer of the vehicle as
capable of operating on gasoline or diesel fuel and on--
(A) E85; or
(B) B20; and
(6) the term ``motor vehicle'' means, as defined in
regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the
date of enactment of this Act--
(A) a light-duty truck;
(B) a light-duty vehicle; or
(C) medium-duty passenger vehicle,
that is designed to be propelled by gasoline or diesel fuel.
(b) Infrastructure Development Grants.--The Secretary of
Energy shall establish a program for making grants for
providing assistance to retail and wholesale motor fuel
dealers or other entities for the installation, replacement,
or conversion of motor fuel storage and dispensing
infrastructure to be used exclusively to store and dispense
renewable fuel. Such infrastructure may include equipment
used in the blending, distribution, and transport of such
fuels.
(c) Retail Technical and Marketing Assistance.--The
Secretary of Energy shall enter into contracts with entities
with demonstrated experience in assisting retail fueling
stations in installing refueling systems and marketing
renewable fuels nationally, for the provision of technical
and marketing assistance to recipients of grants under this
section. Such assistance shall include--
(1) technical advice for compliance with applicable Federal
and State environmental requirements;
(2) help in identifying supply sources and securing long-
term contracts; and
(3) provision of public outreach, education, and labeling
materials.
(d) Allocation.--The Secretary of Energy may reserve funds
appropriated for carrying out this section to support
renewable fuels infrastructure development projects with a
cost of greater than $1,000,000, that are of national
significance. The Secretary shall reserve funds appropriated
for the renewable fuels infrastructure development grant
program for technical and marketing assistance described in
subsection (c).
(e) Selection Criteria.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall establish
criteria for evaluating applications for grants under this
section that will maximize the availability and use of
renewable fuel, and that will ensure that renewable fuel is
available across the country. Such criteria shall provide
for--
(1) consideration of the public demand for each renewable
fuel in a particular geographic area based on State
registration records showing the number of flexible-fuel
vehicles;
(2) consideration of the opportunity to create or expand
corridors of renewable fuel stations along interstate or
State highways;
(3) consideration of the experience of each applicant with
previous, similar projects;
(4) consideration of population, number of flexible-fuel
vehicles, number of retail fuel outlets, and saturation of
flexible-fuel vehicles; and
(5) priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
renewable fuels; and
(C) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project and the
greatest likelihood that the project will be maintained or
expanded after Federal assistance under this section is
completed.
(f) Combined Applications.--States and local government
entities and nonprofit entities may apply for assistance
under this section on behalf of a group of retailers within a
certain geographic area, or to carry out regional or
multistate deployment projects. Any such application shall
certify the availability and details of a program to match
the Federal grant as required under subsection (g) and list
the retail locations that would receive the funds.
(g) Limitations.--Assistance provided under this section
shall not exceed--
(1) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and
dispensing infrastructure; or
(2) $180,000 for a combination of equipment at any one
retail outlet location.
(h) Operation of Renewable Fuel Stations.--The Secretary
shall establish rules that set forth requirements for grant
recipients under this section that include providing to the
public the renewable fuel, establishing a marketing plan that
informs consumers of the price and availability of the
renewable fuel, clearly labeling the dispensers and related
equipment, and providing periodic reports on the status of
the renewable fuel sales, the type and amount of the
renewable fuel dispensed at each location, and the average
price of such fuel.
(i) Notification Requirements.--Not later than the date on
which each renewable fuel station begins to offer renewable
fuel to the public, the grant recipient that used grant funds
to construct or upgrade such station shall notify the
Secretary of Energy of such opening. The Secretary of Energy
shall add each new renewable fuel station to the renewable
fuel station locator on its Website when it receives
notification under this subsection.
(j) Double Counting.--No person that receives a credit
under section 30C of the Internal Revenue Code of 1986 may
receive assistance under this section.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Energy for carrying
out this section $200,000,000 for each of the fiscal years
2008 through 2014.
(l) Restriction.--No grant shall be provided under this
section to a large, vertically integrated oil company.
SEC. 9302. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS
RELATED TO RENEWABLE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
RENEWABLE FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Renewable fuel.--The term `renewable fuel' means any
fuel--
``(A) at least 85 percent of the volume of which consists
of ethanol; or
``(B) any mixture of biodiesel and diesel or renewable
diesel (as defined in regulations adopted pursuant to section
211(o) of the Clean Air Act (40 C.F.R., Part 80)), determined
without regard to any use of kerosene and containing at least
20 percent biodiesel or renewable diesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--
``(1) In general.--No franchise-related document entered
into or renewed on or after the date of enactment of this
section shall contain any provision allowing a franchisor to
restrict the franchisee or any affiliate of the franchisee
from--
``(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that the
franchisee's franchisor may restrict the installation of a
tank on leased marketing premises of such franchisor;
``(B) converting an existing tank or pump on the marketing
premises of the franchisee for renewable fuel use, so long as
such tank or pump and the piping connecting them are either
warranted by the manufacturer or certified by a recognized
standards setting organization to be suitable for use with
such renewable fuel;
``(C) advertising (including through the use of signage)
the sale of any renewable fuel;
``(D) selling renewable fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears);
``(E) purchasing renewable fuel from sources other than the
franchisor if the franchisor does not offer its own renewable
fuel for sale by the franchisee;
``(F) listing renewable fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
``(G) allowing for payment of renewable fuel with a credit
card,
so long as such activities described in subparagraphs (A)
through (G) do not constitute mislabeling, misbranding,
willful adulteration, or other trademark violations by the
franchisee.
``(2) Effect of provision.--Nothing in this section shall
be construed to preclude a franchisor from requiring the
franchisee to 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.''.
[[Page 23111]]
SEC. 9303. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports.--The Secretary of Energy,
in consultation with the Secretary of Transportation, shall
determine and report to Congress annually on the market
penetration for flexible-fuel vehicles in use within
geographic regions to be established by the Secretary of
Energy.
(b) Dispenser Feasibility Study.--Not later than 24 months
after the date of enactment of this Act, the Secretary of
Energy, in consultation with the Department of
Transportation, shall report to the Congress on the
feasibility of requiring motor fuel retailers to install E-85
compatible dispensers and related systems at retail fuel
facilities in regions where flexible-fuel vehicle market
penetration has reached 15 percent of motor vehicles. In
conducting such study, the Secretary shall consider and
report on the following factors:
(1) The commercial availability of E-85 fuel and the number
of competing E-85 wholesale suppliers in a given region.
(2) The level of financial assistance provided on an annual
basis by the Federal Government, State governments, and
nonprofit entities for the installation of E-85 compatible
infrastructure.
(3) The number of retailers whose retail locations are
unable to support more than 2 underground storage tank
dispensers.
(4) The expense incurred by retailers in the installation
and sale of E-85 compatible dispensers and related systems
and any potential effects on the price of motor vehicle fuel.
SEC. 9304. PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall conduct a study
of the feasibility of the construction of dedicated ethanol
pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.
SEC. 9305. STUDY OF ETHANOL-BLENDED GASOLINE WITH GREATER
LEVELS OF ETHANOL.
(a) In General.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of
Energy and the Secretary of Transportation, and after
providing notice and an opportunity for public comment, shall
conduct a study of the feasibility of widespread utilization
in the United States of ethanol blended gasoline with levels
of ethanol greater than 10 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing the consumption of ethanol;
(2) an evaluation of the economic, market, and energy
impacts of State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy
impacts on gasoline retailers and consumers of separate and
distinctly labeled fuel storage facilities and dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the
study conducted under this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator such sums as may be
necessary for the completion of the study required under this
section.
SEC. 9306. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION
OF DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(a) Study.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall conduct a study
of the adequacy of railroad transportation of domestically-
produced renewable fuel.
(2) Components.--In conducting the study under paragraph
(1), the Secretary shall consider--
(A) the adequacy of, and appropriate location for, tracks
that have sufficient capacity, and are in the appropriate
condition, to move the necessary quantities of domestically-
produced renewable fuel;
(B) the adequacy of the supply of railroad tank cars,
locomotives, and rail crews to move the necessary quantities
of domestically-produced renewable fuel in a timely fashion;
(C)(i) the projected costs of moving the domestically-
produced renewable fuel using railroad transportation; and
(ii) the impact of the projected costs on the marketability
of the domestically-produced renewable fuel;
(D) whether there is adequate railroad competition to
ensure--
(i) a fair price for the railroad transportation of
domestically-produced renewable fuel; and
(ii) acceptable levels of service for railroad
transportation of domestically-produced renewable fuel;
(E) any rail infrastructure capital costs that the
railroads indicate should be paid by the producers or
distributors of domestically-produced renewable fuel;
(F) whether Federal agencies have adequate legal authority
to ensure a fair and reasonable transportation price and
acceptable levels of service in cases in which the
domestically-produced renewable fuel source does not have
access to competitive rail service;
(G) whether Federal agencies have adequate legal authority
to address railroad service problems that may be resulting in
inadequate supplies of domestically-produced renewable fuel
in any area of the United States; and
(H) any recommendations for any additional legal
authorities for Federal agencies to ensure the reliable
railroad 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 Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study conducted under subsection (a).
SEC. 9307. STANDARD SPECIFICATIONS FOR BIODIESEL.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by redesignating subsection (s) as subsection (t),
redesignating subsection (r) (relating to conversion
assistance for cellulosic biomass, waste-derived ethanol,
approved renewable fuels) as subsection (s) and by adding the
following new subsection at the end thereof:
``(u) Standard Specifications for Biodiesel.--Unless the
American Society for Testing and Materials has adopted a
standard for diesel fuel containing 20 percent biodiesel, not
later than 1 year after the date of enactment of this
subsection, the Administrator shall initiate a rulemaking
establishing a series of uniform per gallon fuel standards
for categories of fuels that contain biodiesel, including one
standard for fuel containing 20 percent biodiesel, and
designate an identification number for fuel meeting each
standard in each such category so that vehicle manufacturers
are able to design engines to use fuel meeting one or more of
such standards. The Administrator shall finalize the
standards under this subsection 18 months after the date of
the enactment of this subsection.''.
SEC. 9308. GRANTS FOR CELLULOSIC ETHANOL PRODUCTION.
Subsection (s) of section 211 of the Clean Air Act (as
added by section 1512 of the Energy Policy Act of 2005) (and
as redesignated by section 9307 of this Act), relating to
conversion assistance for cellulosic biomass, waste-derived
ethanol, and approved renewable fuels, is amended as follows:
(1) By adding the following new subparagraphs at the end of
paragraph (3):
``(D) $500,000,000 for fiscal year 2009.
``(E) $500,000,000 for fiscal year 2010.''.
(2) By adding the following new paragraph at the end
thereof:
``(5) Criteria.--In awarding grants under this section, the
Secretary shall give priority to applications that promote
feedstock diversity and the geographic dispersion of
production facilities.''.
SEC. 9309. CONSUMER EDUCATION CAMPAIGN RELATING TO FLEXIBLE-
FUEL VEHICLES.
The Secretary of Transportation, in consultation with the
Secretary of Energy, shall carry out an education program to
inform consumers about which motor vehicles are flexible-fuel
vehicles and how to exercise their opportunity to choose E85
or B20. As
[[Page 23112]]
part of such program, the Secretary of Transportation may
coordinate with motor vehicle manufacturers to notify owners
of flexible-fuel vehicles of locations where E85 and B20 are
sold in their area.
SEC. 9310. REVIEW OF NEW RENEWABLE FUELS OR NEW RENEWABLE
FUEL ADDITIVES.
Notwithstanding any other provision of law, a waiver under
section 211(f)(4) of the Clean Air Act for any renewable fuel
or renewable fuel additive shall not be considered granted
unless the Administrator of the Environment Protection
Agency, following a public notice and comment period, takes
final action granting the application for a waiver based on
an application of the section 211(f)(4) standards and
criteria with respect to emissions control devices or systems
and vehicle emissions standards to on-road and non-road
engines and vehicles. The Administrator shall take final
action on an application for a waiver no later than 270 days
after the Administrator receives the application.
SEC. 9311. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062) is amended--
(1) in subsection (a)--
(A) by inserting ``, flexible-fuel,'' after ``production of
efficient hybrid''; and
(B) by adding at the end the following: ``Priority shall be
given to the refurbishment or retooling of manufacturing
facilities that have recently ceased operation or will cease
operation in the near future.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Coordination With State and Local Programs.--The
Secretary may coordinate implementation of this section with
State and local programs designed to accomplish similar
goals, including the retention and retraining of skilled
workers from the such manufacturing facilities, including by
establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.''.
SEC. 9312. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
There are authorized to be appropriated to the Secretary of
Energy $50,000,000 for fiscal year 2008, to remain available
until expended, for cellulosic ethanol and biofuels research
and development grants to 10 entities from among 1890 land
grant colleges, Historically Black Colleges or Universities,
Tribal serving institutions, or Hispanic serving
institutions, selected by the Secretary of Energy to receive
a grant under this section through a peer-reviewed
competitive process. The selected entities shall then
collaborate with one of the Department of Energy's Office of
Science Bioenergy Research Centers.
SEC. 9313. 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) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 9314. STUDY OF IMPACT OF INCREASED RENEWABLE FUEL USE.
(a) In General.--The Secretary of Energy shall, after
consultation with the Administrator of the Environmental
Protection Agency, the Administrator of the Energy
Information Administration, and the Secretary of Agriculture,
conduct a study to assess the impact of increased use of
renewable fuels on the United States economy. The Secretary
shall enter into an arrangement with the National Academy of
Sciences to provide peer review of the study.
(b) Study Elements.--The study shall analyze, in terms of
renewable fuels, the following:
(1) The impact of the use of renewable fuels on the energy
security of the United States.
(2) The impact of the use of renewable fuels on public
health and the environment, including air and water quality.
(3) The impact of renewable fuels on the infrastructure of
the United States, including the deliverability of materials,
goods, and products other than alternative fuels.
(4) The impact of the use of renewable fuels on job
creation, the price and supply of agricultural commodities,
and rural economic development.
(c) Participation.--In conducting the study under this
section, the Secretary and other agencies shall seek the
participation, and consider the input, of the following:
(1) Producers of feed grains.
(2) Producers of livestock, poultry, and pork products.
(3) Producers of energy.
(4) Individuals and entities interested in issues relating
to conservation, the environment, and nutrition, and users of
renewable fuels.
(d) Report.--The Secretary shall submit a report to the
Congress containing the initial results of the study under
this section not later than 2 years after enactment of this
Act and subsequently supplement and update such report every
3 years thereafter.
SEC. 9315. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel production technologies in States
with low rates of ethanol production, including low rates of
production of cellulosic biomass ethanol, as determined by
the Secretary.
(b) Eligibility.--To be eligible to receive a grant under
the section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note);
(ii) that is eligible for a grant under the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.), including Dine College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies,
or local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.
SEC. 9316. STUDY OF EFFECT OF OIL PRICES.
The Secretary of Energy shall conduct a study to review the
anticipated effects on renewable fuels production if oil were
priced no lower than $40 per barrel. The Secretary shall
report the findings of such study to Congress by December 31,
2008.
SEC. 9317. BIODIESEL AS ALTERNATIVE FUEL FOR CAFE PURPOSES.
Section 32901(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by redesignating subparagraphs (J)
and (K) as subparagraphs (K) and (L), respectively, and
inserting after subparagraph (I) the following:
``(J) B20 biodiesel blend;''; and
(2) by redesignating paragraphs (7) through (16) as
paragraphs (9) through (18), respectively, and insert after
paragraph (6) the following:
``(7) `biodiesel' means the monoalkyl esters of long chain
fatty acids derived from plant or animal matter which meet--
``(A) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
``(B) the requirements of the American Society of Testing
and Materials D6751.
``(8) `B20 biodiesel blend' means a mixture of biodiesel
and diesel fuel approximately 20 percent of the content of
which is biodiesel, and commonly known as `B20'.''.
PART 2--UNITED STATES-ISRAEL ENERGY COOPERATION
SEC. 9321. SHORT TITLE.
This part may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 9322. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to ensure secure access to reliable energy
sources;
(2) the United States relies heavily on the foreign supply
of crude oil to meet the energy needs of the United States,
currently importing 58 percent of the total oil requirements
of the United States, of which 45 percent comes from member
states of the Organization of Petroleum Exporting Countries
(OPEC);
(3) revenues from the sale of oil by some of these
countries directly or indirectly provide funding for
terrorism and propaganda hostile to the values of the United
States and the West;
(4) in the past, these countries have manipulated the
dependence of the United States on the oil supplies of these
countries to exert undue influence on United States policy,
as during the embargo of OPEC during 1973 on the sale of oil
to the United States, which became a major factor in the
ensuing recession;
(5) research by the Energy Information Administration of
the Department of Energy has shown that the dependence of the
United States on foreign oil will increase by 33 percent over
the next 20 years;
(6) a rise in the price of imported oil sufficient to
increase gasoline prices by 10 cents per gallon at the pump
would result in an additional outflow of $18,000,000,000 from
the United States to oil-exporting nations;
(7) for economic and national security reasons, the United
States should reduce, as soon as practicable, the dependence
of the United States on nations that do not share
[[Page 23113]]
the interests and values of the United States;
(8) the State of Israel has been a steadfast ally and a
close friend of the United States since the creation of
Israel in 1948;
(9) like the United States, Israel is a democracy that
holds civil rights and liberties in the highest regard and is
a proponent of the democratic values of peace, freedom, and
justice;
(10) cooperation between the United States and Israel on
such projects as the development of the Arrow Missile has
resulted in mutual benefits to United States and Israeli
security;
(11) the special relationship between Israel and the United
States has been and continues to be manifested in a variety
of jointly-funded cooperative programs in the field of
scientific research and development, such as--
(A) the United States-Israel Binational Science Foundation
(BSF);
(B) the Israel-United States Binational Agricultural
Research and Development Fund (BARD); and
(C) the Israel-United States Binational Industrial Research
and Development (BIRD) Foundation;
(12) these programs, supported by the matching
contributions from the Government of Israel and the
Government of the United States and directed by key
scientists and academics from both countries, have made
possible many scientific breakthroughs in the fields of life
sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(13) on February 1, 1996, United States Secretary of Energy
Hazel R. O'Leary and Israeli Minister of Energy and
Infrastructure Gonen Segev signed the Agreement Between the
Department of Energy of the United States of America and the
Ministry of Energy and Infrastructure of Israel Concerning
Energy Cooperation, to establish a framework for
collaboration between the United States and Israel in energy
research and development activities;
(14) the United States and Israeli governments should
promote cooperation in a broad range of projects designed to
enhance supplies of nonpetroleum energy for both countries,
and to provide for cutting edge research in each country;
(15) Israeli scientists and researchers have long been at
the forefront of research and development in the field of
alternative renewable energy sources;
(16) many of the top corporations of the world have
recognized the technological and scientific expertise of
Israel by locating important research and development
facilities in Israel;
(17) among the technological breakthroughs made by Israeli
scientists and researchers in the field of alternative,
renewable energy sources are--
(A) the development of a cathode that uses hexavalent iron
salts that accept 3 electrons per ion and enable rechargeable
batteries to provide 3 times as much electricity as existing
rechargeable batteries;
(B) the development of a technique that vastly increases
the efficiency of using solar energy to generate hydrogen for
use in energy cells; and
(C) the development of a novel membrane used in new and
powerful direct-oxidant fuel cells that is capable of
competing favorably with hydrogen fuel cells and traditional
internal combustion engines; and
(18) cooperation between the United States and Israel in
the field of research and development of alternative
renewable energy sources would be in the interests of both
countries, and both countries stand to gain much from such
cooperation.
SEC. 9323. GRANT PROGRAM.
(a) Authority.--Pursuant to the responsibilities described
in section 102(10), (14), and (17) of the Department of
Energy Organization Act (42 U.S.C. 7112(10), (14), and (17))
and section 103(9) of the Energy Reorganization Act of 1974
(42 U.S.C. 5813(9)), the Secretary, in consultation with the
BIRD or BSF, shall award grants to eligible entities.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application
to the Secretary containing such information and assurances
as the Secretary, in consultation with the BIRD or BSF, may
require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may
review any application submitted by any eligible entity and
select any eligible entity meeting criteria established by
the Secretary, in consultation with the Advisory Board, for a
grant under this section.
(c) Amount of Grant.--The amount of each grant awarded for
a fiscal year under this section shall be determined by the
Secretary, in consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish
procedures and criteria for recoupment in connection with any
eligible project carried out by an eligible entity that
receives a grant under this section, which has led to the
development of a product or process which is marketed or
used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such recoupment
shall be required as a condition for award and be
proportional to the Federal share of the costs of such
project, and shall be derived from the proceeds of royalties
or licensing fees received in connection with such product or
process.
(B) In the case where a product or process is used by the
recipient of a grant under this section for the production
and sale of its own products or processes, the recoupment
shall consist of a payment equivalent to the payment which
would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or process
utilized.
(e) Private Funds.--The Secretary may accept contributions
of funds from private sources to carry out this part.
(f) Office of Energy Efficiency and Renewable Energy.--The
Secretary shall carry out this section through the existing
programs at the Office of Energy Efficiency and Renewable
Energy.
(g) Report.--Not later than 180 days after receiving a
grant under this section, each recipient shall submit a
report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 9324. INTERNATIONAL ENERGY ADVISORY BOARD.
(a) Establishment.--There is established in the Department
of Energy an International Energy Advisory Board.
(b) Duties.--The Advisory Board shall advise the Secretary
on--
(1) criteria for the recipients of grants awarded under
section 9323(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Secretary of Commerce;
(B) 1 member appointed by the Secretary of Energy; and
(C) 2 members who shall be Israeli citizens, appointed by
the Secretary of Energy after consultation with appropriate
officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days
after the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board shall
serve without pay.
(B) Travel expenses.--Each member of the Advisory Board
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions of
subchapter I of chapter 57 of title 5, United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Secretary of Energy at the time of
the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Board.
SEC. 9325. DEFINITIONS.
In this part:
(1) Advisory board.--The term ``Advisory Board'' means the
International Energy Advisory Board established by section
9324(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of
both Israeli academic persons (who reside and work in Israel)
and United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation with the
BIRD or BSF, using the criteria established by the Secretary,
in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and
[[Page 23114]]
Israel on research, development, or commercialization of
alternative energy, improved energy efficiency, or renewable
energy sources.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy
for Energy Efficiency and Renewable Energy.
SEC. 9326. TERMINATION.
The grant program authorized under section 9323 and the
Advisory Board shall terminate upon the expiration of the 7-
year period which begins on the date of the enactment of this
Act.
SEC. 9327. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than
$20,000,000 to carry out this part for each of fiscal years
2008 through 2014 from funds previously authorized to the
Office of Energy Efficiency and Renewable Energy.
SEC. 9328. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this part rests is
the power of Congress to regulate commerce with foreign
nations as enumerated in Article I, Section 8 of the United
States Constitution.
Subtitle E--Advanced Plug-In Hybrid Vehicles and Components
SEC. 9401. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.
(a) Establishment of Program.--The Secretary of Energy
shall establish a program to provide guarantees of loans by
private institutions for the construction of facilities for
the manufacture of advanced vehicle batteries and battery
systems that are developed and produced in the United States,
including advanced lithium ion batteries and hybrid
electrical system and component manufacturers and software
designers.
(b) Requirements.--The Secretary may provide a loan
guarantee under subsection (a) to an applicant if--
(1) without a loan guarantee, credit is not available to
the applicant under reasonable terms or conditions sufficient
to finance the construction of a facility described in
subsection (a);
(2) the prospective earning power of the applicant and the
character and value of the security pledged provide a
reasonable assurance of repayment of the loan to be
guaranteed in accordance with the terms of the loan; and
(3) the loan bears interest at a rate determined by the
Secretary to be reasonable, taking into account the current
average yield on outstanding obligations of the United States
with remaining periods of maturity comparable to the maturity
of the loan.
(c) Criteria.--In selecting recipients of loan guarantees
from among applicants, the Secretary shall give preference to
proposals that--
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest
need for the facility.
(d) Maturity.--A loan guaranteed under subsection (a) shall
have a maturity of not more than 20 years.
(e) Terms and Conditions.--The loan agreement for a loan
guaranteed under subsection (a) shall provide that no
provision of the loan agreement may be amended or waived
without the consent of the Secretary.
(f) Assurance of Repayment.--The Secretary shall require
that an applicant for a loan guarantee under subsection (a)
provide an assurance of repayment in the form of a
performance bond, insurance, collateral, or other means
acceptable to the Secretary in an amount equal to not less
than 20 percent of the amount of the loan.
(g) Guarantee Fee.--The recipient of a loan guarantee under
subsection (a) shall pay the Secretary an amount determined
by the Secretary to be sufficient to cover the administrative
costs of the Secretary relating to the loan guarantee.
(h) Full Faith and Credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
made under this section. Any such guarantee made by the
Secretary shall be conclusive evidence of the eligibility of
the loan for the guarantee with respect to principal and
interest. The validity of the guarantee shall be
incontestable in the hands of a holder of the guaranteed
loan.
(i) Reports.--Until each guaranteed loan under this section
has been repaid in full, the Secretary shall annually submit
to Congress a report on the activities of the Secretary under
this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
(k) Termination of Authority.--The authority of the
Secretary to issue a loan guarantee under subsection (a)
terminates on the date that is 10 years after the date of
enactment of this Act.
SEC. 9402. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C.
16062) is amended--
(1) in subsection (a)--
(A) by inserting ``and components thereof'' after ``sales
of efficient hybrid and advanced diesel vehicles'';
(B) by inserting ``and hybrid component manufacturers''
after ``grants to automobile manufacturers'';
(C) by inserting ``, plug-in electric hybrid,'' after
``production of efficient hybrid'';
(D) by inserting ``and suppliers'' after ``automobile
manufacturers''; and
(E) by adding at the end the following: ``Priority shall be
given to the refurbishment or retooling of manufacturing
facilities that have recently ceased operation or will cease
operation in the near future.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Coordination With State and Local Programs.--The
Secretary may coordinate implementation of this section with
State and local programs designed to accomplish similar
goals, including the retention and retraining of skilled
workers from the such manufacturing facilities, including by
establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.''.
SEC. 9403. PLUG-IN HYBRID VEHICLE PROGRAM.
(a) Plug-In Electric Drive Vehicle Program.--
(1) Establishment.--The Secretary of Energy (in this
section referred to as the ``Secretary'') shall establish a
competitive program to provide grants on a cost-shared basis
to State governments, local governments, metropolitan
transportation authorities, air pollution control districts,
private or nonprofit entities or combinations thereof, to
carry out a project or projects to encourage the use of plug-
in electric drive vehicles or other emerging electric vehicle
technologies, as determined by the Secretary.
(2) Administration.--The Secretary shall establish
requirements for applications for grants under this section,
including reporting of data to be summarized for
dissemination to the Department, other grantees, and the
public, including vehicle and component performance and
vehicle and component life cycle costs.
(3) Selection criteria.--
(A) Priority.--When making awards under this subsection,
the Secretary shall give priority consideration to
applications that encourage early widespread utilization of
such vehicles and are likely to make a significant
contribution to the advancement of the production of such
vehicles in the United States.
(B) Scope of programs.--When making awards under this
subsection, the Secretary shall ensure that the programs will
maximize diversity in applications, manufacturers, end-uses
and vehicle control systems.
(4) Authorizations of appropriations.--There are authorized
to be appropriated to the Secretary to carry out the program
under this subsection, such sums as may be necessary.
(5) Certain applicants.--A battery manufacturer that
proposes to supply to an applicant for a grant under this
section a battery with a capacity of greater than 1 kilowatt-
hour for use in a plug-in electric drive vehicle shall--
(A) ensure that the applicant includes in the application a
description of the price of the battery per kilowatt hour;
(B) on approval by the Secretary of the application,
publish, or permit the Secretary to publish, the price
described in subparagraph (A); and
(C) for any order received by the battery manufacturer for
at least 1,000 batteries, offer batteries at that price.
(b) Electric Drive Education Program.--
(1) In general.--The Secretary shall develop a nationwide
electric drive transportation 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 Hybrid
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 vehicles.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection such sums as may be necessary.
SEC. 9404. PLUG-IN HYBRID DEMONSTRATION VEHICLES.
(a) In General.--The Secretary of Energy shall establish a
program to make grants to owners of domestic motor vehicle
manufacturing or production facilities for the production of
plug-in hybrid electric motors or conversion modules to be
used as electricity storage capacity for utilities.
(b) Programs.--The Secretary of Energy shall establish
programs to determine how to
[[Page 23115]]
best integrate plug-in hybrid vehicles into the electric
power grid and into the overall electricity infrastructure.
These programs shall be conducted in 5 separate regions
across the United States at the discretion of the Secretary.
(c) Pilot Programs.--The Secretary shall establish during
the first 6 months of 2008, with other governmental entities,
no less than 5 separate pilot programs to convert at least
1000 vehicles in each program to plug-hybrid electric
vehicles.
(d) Federal Contribution.--The Department of Energy shall
contribute up to 50 percent of the cost of conversion
modules.
(e) Installation.--Installations of electricity storage
devices shall be undertaken by trained and certified
mechanics.
(f) Monitoring.--The Secretary of Energy shall require the
monitoring of reliability, efficiency, breakeven costs, and
customer satisfaction for a period of 3 years.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section.
SEC. 9405. INCENTIVE FOR FEDERAL AND STATE FLEETS FOR MEDIUM
AND HEAVY DUTY HYBRIDS.
Section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211) is amended--
(1) in paragraph (3), by striking ``or a dual fueled
vehicle'' and inserting ``, a dual fueled vehicle, or a
medium or heavy duty vehicle that is a hybrid vehicle'';
(2) by redesignating paragraphs (11), (12), (13), and (14)
as paragraphs (12), (14), (15), and (16), respectively;
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) the term `hybrid vehicle' means a vehicle powered
both by a diesel or gasoline engine and an electric motor or
hydraulic energy storage device that is recharged as the
vehicle operates;''; and
(4) by inserting after paragraph (12) (as so redesignated
by paragraph (2) of this section) the following new
paragraph:
``(13) the term `medium or heavy duty vehicle' means a
vehicle that--
``(A) in the case of a medium duty vehicle, has a gross
vehicle weight rating of more than 8,500 pounds but not more
than 14,000 pounds; and
``(B) in the case of a heavy duty vehicle, has a gross
vehicle weight rating of more than 14,000 pounds;''.
SEC. 9406. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT
OF 1992.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C.
13258) is amended--
(1) by striking ``The Secretary'' in subsection (a) and
inserting ``(1) The Secretary''; and
(2) by adding at the end of subsection (a) the following:
``(2) Not later than January 31, 2009, the Secretary shall
allocate credit in an amount to be determined by the
Secretary for acquisition of--
``(A) a hybrid electric vehicle;
``(B) a plug-in hybrid electric vehicle;
``(C) a fuel cell electric vehicle;
``(D) a neighborhood electric vehicle; or
``(E) a medium-duty or heavy-duty electric, hybrid
electric, hybrid hydraulic, or plug-in hybrid electric
vehicle.''; and
(3) by adding at the end the following:
``(e) Definitions.--In this section:
``(1) Fuel cell electric vehicle.--The term `fuel cell
electric vehicle' means an on-road or nonroad vehicle that
uses a fuel cell (as defined in section 803 of the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration
Act of 2005 (42 U.S.C. 16152).
``(2) Hybrid electric vehicle.--The term `hybrid electric
vehicle' means a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of the Internal Revenue Code of
1986).
``(3) Medium-duty or heavy-duty electric, hybrid electric,
or plug-in hybrid electric vehicle.--The term `medium-duty or
heavy-duty electric, hybrid electric, or plug-in hybrid
electric vehicle' is an electric, hybrid electric, or plug-in
hybrid electric motor vehicle greater than 8,501 pounds gross
vehicle rating.
``(4) Neighborhood electric vehicle.--The term
`neighborhood electric vehicle' means a 4-wheeled on-road or
nonroad vehicle, with a top attainable speed in 1 mile of
more than 20 mph and not more than 25 mph on a paved level
surface, that is propelled by an electric motor and on board,
rechargeable energy storage system that is rechargeable using
an off-board source of electricity.
``(5) Plug-in hybrid electric vehicle.--The term `plug-in
hybrid electric vehicle' means a light-duty, medium-duty, or
heavy-duty on-road or nonroad vehicle that is propelled by
any combination of--
``(A) an electric motor and on-board, rechargeable energy
storage system capable of operating the vehicle in
intermittent or continuous all-electric mode and which is
rechargeable using an off-board source of electricity; and
``(B) an internal combustion engine or heat engine using
any combustible fuel.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2008 through
2013.''.
SEC. 9407. NEAR-TERM ELECTRIC DRIVE TRANSPORTATION DEPLOYMENT
PROGRAM.
(a) Revolving Loan Program.--
(1) In general.--The Secretary shall establish a revolving
loan program to provide loans to eligible entities for the
conduct of qualified electric transportation projects.
(2) Criteria.--The Secretary shall establish criteria for
the provision of loans under this subsection.
(b) Market Assessment and Electricity Usage Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary and
private industry, shall carry out a program--
(A) to inventory and analyze existing electric drive
transportation technologies and hybrid technologies and
markets; and
(B) to identify and implement methods of removing barriers
for existing and emerging applications of electric drive
transportation technologies and hybrid transportation
technologies.
(2) Electricity usage.--The Secretary, in consultation with
the Administrator of the Environmental Protection Agency and
private industry, shall carry out a program--
(A) to develop systems and processes--
(i) to enable plug-in electric vehicles to enhance the
availability of emergency back-up power for consumers; and
(ii) to study and demonstrate the potential value to the
electric grid of using the energy stored in the on-board
storage systems to improve the efficiency of the grid
generation system; and
(B) to work with utilities and other interested
stakeholders to study and demonstrate the implications of the
introduction of plug-in electric vehicles and other types of
electric transportation on the production of electricity from
renewable resources.
(3) Off-peak electricity usage grants.--In carrying out the
program under paragraph (2), the Secretary shall provide
grants to assist eligible public and private electric
utilities to conduct programs or activities to encourage
owners of electric drive transportation technologies--
(A) to use off-peak electricity; or
(B) to have the load managed by the utility.
(c) Definition of Qualified Electric Transportation
Project.--In this section, the term ``qualified electric
transportation project'' includes a project relating to--
(1) ship-side or shore-side electrification for vessels;
(2) truck-stop electrification;
(3) electric truck refrigeration units;
(4) battery-powered auxiliary power units for trucks;
(5) electric airport ground support equipment;
(6) electric material/cargo handling equipment;
(7) electric or dual-mode electric freight rail;
(8) any distribution upgrades needed to supply electricity
to the qualified electric transportation projects; and
(9) any ancillary infrastructure, including panel upgrades,
battery chargers, in-situ transformer, and trenching.
(d) Authorization of Appropriations.--There are authorized
to carry this section such sums as may be necessary.
SEC. 9408. STUDYING THE BENEFITS OF PLUG-IN HYBRID ELECTRIC
DRIVE VEHICLES AND ELECTRIC DRIVE
TRANSPORTATION.
(a) Study.--
(1) City cars.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation in
consultation with the Secretary of Energy and appropriate
Federal agencies and interested stakeholders in the public,
private and non-profit sectors, shall study and report to
Congress on the benefits of and barriers to the widespread
use of a potentially new class of vehicles known as city cars
with performance capability that exceeds that of low speed
vehicles but is less than that of passenger vehicles, and
which may be battery electric, fuel cell electric, or plug-in
hybrid electric vehicles. Such study shall examine the
benefits and issues associated with limiting city cars to a
maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum
speed, and make a recommendation regarding maximum speed.
(2) Authorization of appropriations.--Such sums as may be
necessary are authorized to be appropriated to carry out this
subsection.
(b) Definitions.--In this section--
(1) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given that term in section 216 of the Clean Air Act
(42 U.S.C. 7550)), or vehicles of the same classification
that are fully or partially powered by an electric motor
powered by a fuel cell, a battery, or an off-board source of
electricity.
(2) Plug-in electric drive vehicle.--The term `` plug-in
electric drive vehicle'' means a means a light-duty, medium-
duty, or heavy-duty on-road or nonroad battery electric,
hybrid or fuel cell vehicle that can be recharged from an
external electricity source for motive power.
(3) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means a light-duty, medium-duty, or
heavy-duty
[[Page 23116]]
on-road or nonroad vehicle that is propelled by any
combination of--
(A) an electric motor and on-board, rechargeable energy
storage system capable of operating the vehicle in
intermittent or continuous all-electric mode and which is
rechargeable using an off-board source of electricity; and
(B) an internal combustion engine or heat engine using any
combustible fuel.
Subtitle F--Availability of Critical Energy Information
SEC. 9501. FINDINGS.
The Congress finds that--
(1) the Energy Information Administration's data is
critical not merely for analysis of the role of energy in our
economy and environment, but for the effective functioning of
domestic and international energy markets.
(2) Federal and State policymakers rely on the Energy
Information Administration to collect and report State level
energy information needed for energy policymaking, compliance
with Federal and State mandates, and for purposes of
emergency energy preparedness and response;
(3) as policymakers consider and implement policies to cut
greenhouse gas emissions, accurate, timely, and comparable
State energy information becomes even more important;
(4) new and expanded sources of information about energy
demand and supply have become available and need to be
incorporated in the Energy Information Administration's data
and analysis functions;
(5) the Energy Information Administration needs to maintain
and enhance its ability to collect, process, and analyze data
while confronting broader demands for information in greater
detail; and
(6) budget and personnel constraints have forced the Energy
Information Administration to curtail surveys relied upon by
energy and financial markets and could further defer
important improvements in the scope and quality of resulting
information.
SEC. 9502. ASSESSMENT OF RESOURCES.
(a) 5-Year Plan.--The Administrator of the Energy
Information Administration shall establish a 5-year plan to
enhance the quality and scope of the data collection
necessary to ensure the scope, accuracy, and timeliness of
the information needed for efficient functioning of energy
markets and related financial operations. Particular
attention shall be paid to restoring data series terminated
because of budget constraints, data on demand response,
timely data series of State-level information, improvements
in the area of oil and gas data, and the ability to provide
data mandated by Congress promptly and completely.
(b) Submittal to Congress.--The Administrator shall submit
this plan to Congress detailing improvements needed to
enhance the Energy Information Administration's ability to
collect and process energy information in a manner consistent
with the needs of energy markets.
(c) Guidelines.--The Administrator shall--
(1) establish guidelines to ensure the quality,
comparability, and scope of State energy data, including data
on energy production and consumption by product and sector
and renewable and alternative sources, required to provide a
comprehensive, accurate energy profile at the State level;
(2) share company-level data collected at the State level
with the State involved, provided the State has agreed to
reasonable guidelines for its use adopted by the
Administrator;
(3) assess any existing gaps in data obtained by and
compiled by the Energy Information Administration; and
(4) evaluate the most cost effective ways to address any
data quality and quantity issues in conjunction with State
officials.
The Energy Information Administration shall consult with
State officials and the Federal Energy Regulatory Commission
on a regular basis in establishing these guidelines and scope
of State level data, as well as in exploring ways to address
data needs and serve data uses.
(d) Assessment of State Data Needs.--The Administrator
shall provide an assessment of these State-level data needs
to the Congress not later than 1 year after the date of
enactment of this Act, detailing a plan to address the needs
identified.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator for carrying out this
section, in addition to any other authorizations--
(1) $10,000,000 for fiscal year 2008;
(2) $10,000,000 for fiscal year 2009;
(3) $10,000,000 for fiscal year 2010;
(4) $15,000,000 for fiscal year 2011;
(5) $20,000,000 for fiscal year 2012; and
(6) such sums as are necessary for subsequent fiscal years.
The Acting CHAIRMAN. No further amendment is in order except those
printed in part B of the report. Each further amendment may be offered
only in the order printed in the report, by a Member designated in the
report, shall be considered read, shall be debatable for the time
specified in the report, equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
Amendment No. 1 Offered by Mr. Blumenauer
The Acting CHAIRMAN. It is now in order to consider amendment No. 1
printed in part B of House Report 110-300.
Mr. BLUMENAUER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Blumenauer:
In title IX, after subtitle F, insert:
Subtitle G--Natural Gas Utilities
SEC. 9511. NATURAL GAS UTILITIES.
(a) In General.--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.
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 the enactment of this paragraph.
``(6) Rate policy 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) ensuring that utilities' recovery of authorized
revenues is independent of the amount of customers' natural
gas consumption;
``(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 the enactment of this paragraph.''.
(b) Conforming Amendment.--Section 303(b)(2) of such Act is
amended by striking ``and (4)'' inserting ``(4), (5), and
(6)'' in lieu thereof.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chairman, the amendment before us today is a
relatively simple and very direct effort. It is an attempt to provide
incentives for the gas industry to be able to conserve natural gas.
Unfortunately, the way that it is regulated in 40 States around the
country, actually there is a perverse incentive that they make more
money the more gas they sell and they are penalized if they conserve.
There are 10 States that have different initiatives to try to
decouple the volume from profit. There are efforts here, which I am
pleased to say were pioneered in my State of Oregon with our local
utility Northwest Natural, to have a conservation-based tariff or
mechanism for utility regulation.
{time} 1315
This legislation, which is supported by the American Gas Association
and by the environmental community, is to encourage development of
utility regulation that doesn't penalize conservation but encourages
it. It is not a mandate and it does not carry any costs but has the
potential of saving American consumers billions of dollars and a great
deal of energy, and I strongly urge its acceptance.
Mr. BOUCHER. Would the gentleman yield to me?
Mr. BLUMENAUER. I would be honored to yield to my friend from
Virginia.
[[Page 23117]]
Mr. BOUCHER. I thank the gentleman from Oregon for yielding, and I
want to commend him on this amendment.
The laws in a number of States today tie gas utility returns to the
total gas sales volume, with the result that the greater the volume
sold, the greater the financial return to the gas utility. That
structure clearly serves as a disincentive to the making of efficiency
investments by the utilities that would lessen sales volume at the
expense of profits by the utility.
The gentleman's amendment directs States to consider decoupling sales
volumes from economic return in a way that would encourage the making
of efficiency improvements. I think it's a step forward in Federal
policy, and I am pleased to encourage the adoption of the gentleman's
amendment.
Mr. BLUMENAUER. Mr. Chairman, I reserve the balance of my time.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise not to oppose the
amendment but to make some comments.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. PETERSON of Pennsylvania. I find this amendment interesting as
someone interested in natural gas and the use of it. I find it a little
puzzling because clean green natural gas is America's cleanest fossil
fuel. Yet we've made it very expensive because we've allowed it to be
used unlimited on production of electricity. I think the last 98
percent of plants built to make electricity are using natural gas. But
what we're saying with this amendment and what has been lobbied for in
the industry is that we will say to gas distribution companies that
sell to our homes and to our businesses, we'll urge you to conserve but
we'll charge you enough more that the gas utility continues its current
profit structure.
I find that a little troubling, personally. I think it might be wiser
to open up the supply of natural gas, get the price down so we're not
the highest in the world, so people can heat their homes and run their
businesses without having natural gas prices be prohibitive and, thus,
the companies would be actually selling more gas and we wouldn't have
to go down the road of subsidizing their profits because they're
selling less volume.
As a businessman all my life, I understand the dilemma they're in. As
people conserve and when energy prices spike in the winter, people keep
their homes at 56. Businesses turn their thermostats down. I went to
stores last year in Pennsylvania where they were actually cold. And I
knew people who lived in 56-degree houses. I'm not sure we ought to go
down that road. I think we ought to produce abundant natural gas and
allow the price to work, cheap natural gas. The volume would be there,
but we're glad to accept the amendment.
I yield back the balance of my time.
Mr. BLUMENAUER. I will just conclude. I appreciate my friend from
Pennsylvania's observation. The point that I would make is that the
companies that are distributing gas have tremendous fixed costs that
they have to support regardless of the volume. This simply encourages
them to be able to explore other alternatives for rate regulation. The
cheapest gas supply is the Therm that's not used. I just don't want the
regulatory system to penalize them for conservation. I appreciate his
comments, I appreciate his acceptance, and I look forward to more
conversation about ways that we can help move this along.
Mr. PETERSON of Pennsylvania. Would the gentleman yield just for a
moment?
Mr. BLUMENAUER. I would be happy to yield to my friend.
Mr. PETERSON of Pennsylvania. As a retailer all my life, that's what
a gas company is. They're a retailer. I sold food. They sell gas. And
as their business decreases, their profits go down, but their pipeline
system, their pumping stations and all of their costs remain the same.
My hesitation is with the cleanest energy we have, why do we want to
restrict the use of it, because there's no NOX, no
SOX and a third of the CO2. It seems like we
ought to be more focused on making it affordable so that volumes remain
constant and we don't have this problem.
Again, I thank the gentleman for yielding.
Mr. BLUMENAUER. I'm happy to yield to my friend and I'm happy to
clarify that the intent of this amendment is not to increase or
decrease; it's to avoid the disincentive to conserve. It's simple, and
that's why I appreciate your accepting it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Shays
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in part B of House Report 110-300.
Mr. SHAYS. Mr. Chairman, I am here to offer that amendment that is
printed in the House report.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Shays:
In section 9034(a), strike ``$600,000,000 for fiscal year
2007, and $750,000,000'' and insert ``$1,200,000,000 for
fiscal year 2007, and $1,400,000,000''.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman
from Connecticut (Mr. Shays) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Connecticut.
Mr. SHAYS. Thank you very much, Mr. Chairman.
I am grateful that the House Rules Committee has made this amendment
in order. This amendment would reauthorize the Weatherization
Assistance Program to $1.2 billion for 2007 and $1.4 billion in 2008
through 2012. What that does is basically double the authorization
level for weatherization.
The Department of Energy's Weatherization Assistance Program enables
low-income families to permanently reduce their energy bills by making
their homes more energy efficient. It is this country's longest running
energy efficiency program. During the last 30 years, it has provided
weatherization services to more than 5.5 million low-income families.
An audit is done and then corrective action is taken on a home.
I would just conclude by saying that in my own home I have a third
floor. It is my office. It was insulated and it had heating but I
froze. I tripled the size of this third floor, had no heating
whatsoever, and the space was warmer than when I had heating; in fact,
it was a comfortable temperature, just because of the insulation that
we were able to put in the roof above this floor.
We want low-income families to be able to take advantage of this
important weatherization effort.
This amendment would reauthorize the Weatherization Assistance
Program to $1.2 billion for 2007 and $1.4 billion in 2008 through 2012.
The program is currently authorized at $600 million for FY07 and $700
million for FY08.
The bill calls for $600 million for FY07 and $750 million for FY08
through 2012.
My amendment would double these authorization levels ($1.2 billion in
2007 and $1.4 billion from 2008 to 2012).
The Department of Energy's Weatherization Assistance Program enables
low-income families to permanently reduce their energy bills by making
their homes more energy efficient.
It is this country's longest running energy efficiency program.
During the last 30 years, it has provided weatherization services to
more than 5.5 million low-income families.
Through this program, weatherization service providers install energy
efficiency measures in the homes of qualifying homeowners free of
charge.
These are not expensive upgrades but they are effective, and energy
savings pay for the upgrades within a few years.
The average expenditure limit is $2,826 per home.
Funding for low-income weatherization comes from several sources and
represents a partnership of both public and private organizations. The
largest contribution has come from the DOE.
[[Page 23118]]
The second largest source is LIHEAP, followed by gas and electric
companies, and legal penalties assessed against oil companies.
DOE works directly with the states, the District of Columbia, and
Native American Tribal Governments to implement weatherization
measures. These agencies contract with local governmental or nonprofit
agencies to deliver weatherization services to low-income clients in
their areas. Funding is allocated for both weatherizing individual
homes and for the training and development of local technicians.
Weatherization includes a comprehensive series of energy efficiency
measures by analyzing each individual home. Adding weather-stripping to
doors and windows saves energy.
Families notice, on average, a decrease of $200 to $250 per year in
energy bill savings.
There are also other non-energy benefits.
Many low-income households live in older homes that have structural
hazards that are detected while weatherizing. By reducing long-term
energy costs, weatherization also makes these housing units more
affordable.
In addition, the DOE estimates that the Weatherization Assistance
Program employs 8,000 people nationwide.
One of the challenges of making one's home energy efficient is that
many of these technologies and home improvements are unaffordable. Yet
the subcommittee on energy and water appropiations noted that the
Committee was ``concerned that the Department has severely under-funded
this program, which almost immediately results in significant energy
savings in American homes.''
We know that investing in weatherization measures will reduce
everyone's energy bills over time by reducing the amount of energy that
we all use. The Weatherization Assistance Program is one of our most
successful programs, and I urge support of this amendment.
Mr. BOUCHER. Would the gentleman yield to me?
Mr. SHAYS. I would be happy to yield.
Mr. BOUCHER. I thank the gentleman from Connecticut for yielding, and
I want to commend him on this amendment.
His amendment recognizes the value of the Weatherization Assistance
Program and proposes to increase the authorization levels to a higher
point toward the levels that usefully can be spent in weatherizing
homes. To the extent that the measure sends to the Appropriations
Committee a signal that there should be an increase in appropriations
for this program, I think it's highly valuable. I thank the gentleman
for bringing this amendment forward and urge its adoption, and I thank
him for yielding this time.
Mr. SHAYS. I thank the gentleman for his support.
I yield to my colleague.
Mr. PETERSON of Pennsylvania. I want to commend the gentleman for
this amendment.
I'm from Pennsylvania. It's cold there. We have a lot of poor people,
a lot of low-income people in my district, and weatherization is a huge
program. I would just like to let the body know that in my Outer
Continental Shelf natural gas bill, we set aside, I think, $12 billion
to fund this program. If we open up the OCS for clean green natural
gas, we will have an ongoing supply of $12 billion for helping with
weatherization.
Mr. SHAYS. I thank the gentleman very much for his contribution.
I'm happy to yield back and urge support of this legislation.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Connecticut (Mr. Shays).
The amendment was agreed to.
Amendment No. 3 Offered by Ms. Hooley
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in part B of House Report 110-300.
Ms. HOOLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Ms. Hooley:
In part 6 of subtitle A of title IX, add at the end the
following new section:
SEC. 9077. 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 synergistic effects of multiple perceived
stressors, including thermal discomfort, visual discomfort,
acoustical dissatisfaction such as noise and loss of speech
privacy, and air quality dissatisfaction;
(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.
Amend the table of contents accordingly.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the
gentlewoman from Oregon (Ms. Hooley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Oregon.
Ms. HOOLEY. I recognize myself for as much time as I may consume.
Mr. Chairman, the Hooley-McCaul-Matheson amendment is a very simple
and straightforward amendment that would authorize a study of the
tremendous impact green schools have on the environment, school
operational costs, test scores and student health. Usually we simply
equate green building with energy efficiency, but the benefits are much
broader than just that. The global impact of these efforts on the
environment alone is enough of a reason to take action. Just as the
energy bill before us today begins to address this challenge, our
amendment focuses on the positive impacts our actions can have on
improving our environment and bettering people's lives.
The study I am proposing today with my good friends, Mr. McCaul and
Mr. Matheson, is necessary because, while both the Federal Government
and the private sector have conducted some green building research,
knowledge gaps exist in the important area of green school research.
Upon the conclusion of the study I am proposing, we will finally be
able to quantify the important benefits green schools provide by way of
economic savings, environmental stewardship, and the health and
academic performance of students.
At this time, I yield 30 seconds to my good friend, Chair of the
Energy Committee, Mr. Boucher.
Mr. BOUCHER. I thank the gentlelady from Oregon for yielding this
time, and I also want to take this opportunity to thank her for the
substantial contributions that she made to the legislation that is
before the Committee today as it was considered by the House Energy and
Commerce Committee.
And I want to commend her on this amendment which authorizes the
administrator of the Environmental Protection Agency to enter into an
arrangement with the Secretaries of Education and Energy to conduct a
study of how sustainable building features such as energy efficiency
can promote indoor environmental quality in the Nation's K-12 schools.
It is a significant contribution to our energy policy, will enhance
elementary and secondary education, and I am pleased to urge its
adoption.
Ms. HOOLEY. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. McCaul), my fellow cosponsor of this important amendment.
Mr. McCAUL of Texas. I want to thank Congresswoman Hooley for
introducing this amendment. I am proud to be a cosponsor to it.
This study will be able to quantify the important benefits green
schools provide by way of economic savings, environmental impact, and
the health and academic performance of students. The building industry
represents the largest economic sector in the United States, and school
construction is the largest component of that sector. If all new school
construction and school renovations went green starting today, energy
savings alone would total about $20 billion over the next 10 years. It
costs less than $3 extra per square foot to build a green school, but
the payback occurs within 1 year based upon
[[Page 23119]]
energy savings alone. With childhood asthma becoming more widespread in
recent decades, this research is timely and necessary. According to the
CDC, childhood asthma accounts for about 14 million missed school days
per year.
This amendment authorizes $1 million over 5 years to undertake this
important area of research. It is endorsed by the U.S. Green Buildings
Council, the American Federation of Teachers and the American Institute
of Architects.
I want to thank the Congresswoman again for introducing this
amendment.
Ms. HOOLEY. Mr. Chairman, I would like to remind my colleagues that
if all new school construction and school renovation went green
starting today, energy savings alone would total $20 billion over the
next 10 years.
Since I see no opposition, I yield back the remainder of my time.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise to say that we
will be glad to accept the amendment, but I would like to make a
comment.
The Acting CHAIRMAN. Does the gentleman rise to claim the time in
opposition?
Mr. PETERSON of Pennsylvania. Yes.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
{time} 1330
Mr. PETERSON of Pennsylvania. While I do that, I think it's a very
important issue as we make our schools energy efficient.
Energy efficient buildings have very little air exchange. And if you
have any kind of a pollution factor in your house or in a school or in
a building that is just airtight, it's going to concentrate very fast.
And it's very important that we have this kind of a study.
But I want to say that we won't have that problem with this building
that we're in right now. We won't have that problem with any of our
office buildings because they all have single pane, the least energy
efficient windows known in America, and we have lots of air exchange.
In fact, it's probably what we ought to be doing to make our own
buildings energy efficient, instead of going to expensive natural gas
to heat them, which will go right out those energy open windows.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Oregon (Ms. Hooley).
The amendment was agreed to.
Amendment No. 4 Offered by Mr. Pitts
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in part B of House Report 110-300.
Mr. PITTS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Pitts:
In section 9003(4), in the proposed paragraph (3), add at
the end the following new subparagraph:
``(C) Exception.--Boilers that are manufactured to operate
without any need for electricity, any electric connection,
any electric gauges, electric pumps, electric wires, or
electric devices of any sort, shall not be required to meet
the requirements of this section.''.
The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman
from Pennsylvania (Mr. Pitts) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PITTS. Mr. Chairman, I yield myself as much time as I might
consume.
First of all, I am grateful to the Rules Committee for making this
amendment in order. It is a very narrowly crafted amendment. Section
9003 of H.R. 3221 requires residential boilers to meet a series of
energy efficient requirements.
As you know, the Amish, which I have the privilege to represent, do
not use electricity; it's against their religious beliefs. If the bill,
as presently written, were to become law, the Amish would be forced to
try to maintain their present boilers in perpetuity, creating an
obvious and an avoidable safety hazard.
Now, I know there are not a lot of Amish; they are comparatively few
in number in this country. We only have something like 25 States that
have Amish living in them, but I think we have a duty to be sensitive
to their way of life, consider their needs when making law. I have a
very simple amendment. It will provide an exception for boilers that
operate without the need for electricity supply.
Simply stated, boilers that are manufactured without any need for
electricity, without any electrical connection, any electrical gauges,
electric pumps, electric wires, electric devices of any sort would not
be required to meet the requirements of this section.
I urge passage of my amendment to protect the Amish and their way of
life.
Mr. BOUCHER. Will the gentleman yield?
Mr. PITTS. I will yield to the gentleman.
Mr. BOUCHER. I thank the gentleman from Pennsylvania for yielding,
and I commend him on bringing this amendment to the House today.
We all acknowledge the unique nature of our Amish citizens' way of
life. They use a very small number of boilers, which accord with their
principles of using no electricity. And it truly is a very small number
of boilers that are involved in this matter. And given that small
number and the respect that we all have for the way of life of the
Amish community, I would encourage that this amendment be adopted. And
I commend the gentleman for bringing it forward.
Mr. PITTS. I thank the gentleman for his support.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Pitts).
The amendment was agreed to.
The Acting CHAIRMAN. The Committee will rise informally.
The SPEAKER pro tempore (Mr. Blumenauer) assumed the chair.
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