[105th Congress Public Law 388]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ388.105]
[[Page 112 STAT. 3477]]
Public Law 105-388
105th Congress
An Act
To extend certain programs under the Energy Policy and Conservation Act
and the Energy Conservation and Production Act, and for other
purposes. <<NOTE: Nov. 13, 1998 - [S. 417]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy
Conservation Reauthorization Act of 1998. 42 USC 6201 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Reauthorization
Act of 1998''.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
(a) State Energy Conservation Program.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as
follows:
``(f) For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
(b) Schools and Hospitals.--Section 397 of the Energy Policy and
Conservation Act (42 U.S.C. 6371f) is amended to read as follows:
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42 U.S.C.
6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appropriated for
fiscal years 1999 through 2003 such sums as may be necessary.''.
SEC. 4. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Sunset.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``five years
after'' and all that follows through ``subsection (b)'' and inserting
``on October 1, 2003''.
(b) Definition.--Section 804(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8287c(1)) is amended to read as follows:
[[Page 112 STAT. 3478]]
``(1) The term `Federal agency' means each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency.''.
SEC. 5. TECHNICAL AMENDMENTS.
(a) Energy Policy and Conservation Act.--The Energy Policy and
Conservation Act is amended--
(1) in the table of contents-- <<NOTE: 87 Stat. 871.>>
(A) by striking ``Sec. 301.'' and all that follows
through ``Reports to Congress.'.'';
(B) by striking ``efficiency'' and inserting
``conservation'' in the item relating to section 325;
(C) by striking ``and private labelers'' in the item
relating to section 326;
(D) by striking the items relating to part E of
title III;
(E) by inserting after the items relating to part I
of title III the following:
``Part J--Encouraging the Use of Alternative Fuels
``Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
``Sec. 400BB. Alternative fuels truck commercial application program.
``Sec. 400CC. Alternative fuels bus program.
``Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
``Sec. 400EE. Studies and reports.'';
(F) by inserting ``Environmental'' after ``Energy
Supply and'' in the item relating to section 505; and
(G) by striking the item relating to section 527;
(2) in section 321(1) (42 U.S.C. 6291(1))--
(A) by striking ``section 501(1) of the Motor
Vehicle Information and Cost Savings Act'' and inserting
``section 32901(a)(3) of title 49, United States Code'';
and
(B) by striking the second period at the end
thereof;
(3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by
inserting close quotation marks after ``type of product'';
(4) in section 324(a)(2)(C)(ii) (42 U.S.C.
6294(a)(2)(C)(ii)) by striking ``section 325(j)'' and inserting
``section 325(i)'';
(5) in section 325 (42 U.S.C. 6295)--
(A) by striking ``paragraphs'' in subsection
(e)(4)(A) and inserting ``paragraph''; and
(B) by striking ``Ballasts;'' in the heading of
subsection (g) and inserting ``Ballasts'';
(6) in section 336(c)(2) (42 U.S.C. 6306(c)(2)) by striking
``section 325(k)'' and inserting ``section 325(n)'';
(7) in section 345(c) (42 U.S.C. 6316(c)) by inserting
``standard'' after ``meets the applicable'';
(8) in section 362 (42 U.S.C. 6322)--
(A) by inserting ``of'' after ``of the
implementation'' in subsection (a)(1); and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)(2)'' in subsection (d)(12);
(9) in section 391(2)(B) (42 U.S.C. 6371(2)(B)) by striking
the period at the end and inserting a semicolon;
(10) in section 394(a) (42 U.S.C. 6371c(a))--
(A) by striking the commas at the end of paragraphs
(1), (3), and (5) and inserting semicolons;
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
[[Page 112 STAT. 3479]]
(C) by striking the colon at the end of paragraph
(6) and inserting a semicolon;
(11) in section 400 (42 U.S.C. 6371i) by striking ``(a)'';
(12) in section 400D(a) (42 U.S.C. 6372c(a)) by striking the
commas at the end of paragraphs (1), (2), and (3) and inserting
semicolons;
(13) in section 400I(b) (42 U.S.C. 6372h(b)) by striking
``Secretary shall,'' and inserting ``Secretary shall'';
(14) in section 400AA (42 U.S.C. 6374) by redesignating
subsection (i) as subsection (h);
(15) in section 503 (42 U.S.C. 6383)--
(A) by striking ``with repect to'' and inserting
``with respect to'' in subsection (b); and
(B) by striking ``controlling'' and inserting ``,
controlling,'' in subsection (c)(1); and
(16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by
striking ``notion'' and inserting ``motion''.
(b) Energy Conservation and Production Act.--The Energy Conservation
and Production Act is amended--
(1) in the table of contents-- <<NOTE: 90 Stat. 1125.>>
(A) by striking ``rules and regulations'' and
inserting ``regulations and rulings'' in the item
relating to section 106; and
(B) by striking the item relating to section 207 and
inserting the following:
``Sec. 207. State utility regulatory assistance.
``Sec. 208. Authorization of appropriations.'';
and
(2) in section 202 (42 U.S.C. 6802) by striking ``(b)
Definitions.--''.
(c) National Energy Conservation Policy Act.--The National Energy
Conservation Policy Act is amended--
(1) in the table of contents-- <<NOTE: 90 Stat. 3206.>>
(A) by striking ``, installation, and financing''
and inserting ``and installation'' in the item relating
to section 216;
(B) by striking ``Ratings'' and inserting ``Rating
Guidelines'' in the item relating to part 6 of title II;
(C) by striking the item relating to section 304;
and
(D) by striking ``goals'' and inserting
``requirements'' in the item relating to section 543;
(2) in section 216(d)(1)(C) (42 U.S.C. 8217(d)(1)(C)) by
striking ``explictly'' and inserting ``explicitly'';
(3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))--
(A) by striking ``National Housing Act to projects''
and inserting ``National Housing Act) to projects''; and
(B) by striking ``accure'' and inserting ``accrue'';
(4) in section 266 (42 U.S.C. 8235e) by striking ``(17
U.S.C.'' and inserting ``(15 U.S.C.''; and
(5) in section 551(8) (42 U.S.C. 8259(8)) by striking
``goethermal'' and inserting ``geothermal''.
SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.
Section 104(b) of the Energy Policy and Conservation Act <<NOTE: 50
USC app. 2071 note.>> is amended by striking ``(1) The authority'' and
all that follows through ``(2)''.
[[Page 112 STAT. 3480]]
SEC. 7. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
``SEC. 312. BIODIESEL FUEL USE CREDITS. <<NOTE: 42 USC 13220.>>
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may, by
rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation to
the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a biodiesel
alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
``(A) 450 gallons; or
[[Page 112 STAT. 3481]]
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 <<NOTE: 106 Stat. 2776.>> is amended by adding
at the end of the items relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
SEC. 8. REPORT CONCERNING COMPLIANCE WITH ALTERNATIVE FUEL VEHICLE
PURCHASING REQUIREMENTS.
(a) In General.--Section 310 of the Energy Policy Act of 1992 (42
U.S.C. 13218) is amended--
(1) by striking the heading and inserting the following:
``SEC. 310. REPORTS.'';
(2) by inserting ``(a) General Service Administration
Program Report.--'' before ``Not later than''; and
(3) by adding at the end the following:
``(b) Compliance Report.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this subsection, and annually
thereafter for the next 14 years, the head of each Federal
agency which is subject to this Act and Executive Order No.
13031 shall prepare, and submit to Congress, a report that--
``(A) summarizes the compliance by such Federal
agency with the alternative fuel purchasing requirements
for Federal fleets under this Act and Executive Order
No. 13031; and
``(B) includes a plan of compliance that contains
specific dates for achieving compliance using reasonable
means.
``(2) Contents.--
``(A) In general.--Each report submitted under
paragraph (1) shall include--
``(i) any information on any failure to meet
statutory requirements or requirements under
Executive Order No. 13031;
``(ii)(I) any plan of compliance that the
agency head is required to submit under Executive
Order No. 13031; or
``(II) if a plan of compliance referred to in
subclause (I) does not contain specific dates by
which the Federal agency is to achieve compliance,
a revised plan of compliance that contains
specific dates for achieving compliance; and
``(iii) any related information the agency
head is required to submit to the Director of the
Office of Management and Budget under Executive
Order No. 13031.
``(B) Penultimate report.--The penultimate report
submitted under paragraph (1) shall include an
announcement that the report for the next year shall be
the final report submitted under paragraph (1).
``(3) Public dissemination of report.--Each report submitted
under paragraph (1) shall be made public, including--
[[Page 112 STAT. 3482]]
``(A) <<NOTE: Internet.>> placing such report on a
publicly available website on the Internet; and
``(B) <<NOTE: Federal Register,
publication.>> publishing the availability of the
report, including such website address, in the Federal
Register.''.
(b) Clerical Amendment.--The table of contents for the Energy Policy
Act of 1992 contained in section 1(b) of that Act (106 Stat. 2776 et.
seq.) is amended by striking the item relating to section 310 and
inserting the following:
``Sec. 310. Reports.''.
SEC. 9. <<NOTE: Hawaii.>> PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY
ENTITIES IN INSULAR AREAS OF UNITED STATES AND FREELY
ASSOCIATED STATES.
(a) Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following:
``(j) Purchases From Strategic Petroleum Reserve by Entities in
Insular Areas of United States and Freely Associated States.--
``(1) Definitions.--In this subsection:
``(A) Binding offer.--The term `binding offer' means
a bid submitted by the State of Hawaii for an assured
award of a specific quantity of petroleum product, with
a price to be calculated pursuant to paragraph (2) of
this subsection, that obligates the offeror to take
title to the petroleum product without further
negotiation or recourse to withdraw the offer.
``(B) Category of petroleum product.--The term
`category of petroleum product' means a master line item
within a notice of sale.
``(C) Eligible entity.--The term `eligible entity'
means an entity that owns or controls a refinery that is
located within the State of Hawaii.
``(D) Full tanker load.--The term `full tanker load'
means a tanker of approximately 700,000 barrels of
capacity, or such lesser tanker capacity as may be
designated by the State of Hawaii.
``(E) Insular area.--The term `insular area' means
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, the Freely Associated
States of the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
``(F) Offering.--The term `offering' means a
solicitation for bids for a quantity or quantities of
petroleum product from the Strategic Petroleum Reserve
as specified in the notice of sale.
``(G) Notice of sale.--The term `notice of sale'
means the document that announces--
``(i) the sale of Strategic Petroleum Reserve
products;
``(ii) the quantity, characteristics, and
location of the petroleum product being sold;
``(iii) the delivery period for the sale; and
``(iv) the procedures for submitting offers.
``(2) In general.--In the case of an offering of a quantity
of petroleum product during a drawdown of the Strategic
Petroleum Reserve--
[[Page 112 STAT. 3483]]
``(A) the State of Hawaii, in addition to having the
opportunity to submit a competitive bid, may--
``(i) submit a binding offer, and shall on
submission of the offer, be entitled to purchase a
category of a petroleum product specified in a
notice of sale at a price equal to the
volumetrically weighted average of the successful
bids made for the remaining quantity of the
petroleum product within the category that is the
subject of the offering; and
``(ii) submit one or more alternative offers,
for other categories of the petroleum product,
that will be binding if no price competitive
contract is awarded for the category of petroleum
product on which a binding offer is submitted
under clause (i); and
``(B) at the request of the Governor of the State of
Hawaii, a petroleum product purchased by the State of
Hawaii at a competitive sale or through a binding offer
shall have first preference in scheduling for lifting.
``(3) Limitation on quantity.--
``(A) In general.--In administering this subsection,
in the case of each offering, the Secretary may impose
the limitation described in subparagraph (B) or (C) that
results in the purchase of the lesser quantity of
petroleum product.
``(B) Portion of quantity of previous imports.--The
Secretary may limit the quantity of a petroleum product
that the State of Hawaii may purchase through a binding
offer at any offering to 1/12 of the total quantity of
imports of the petroleum product brought into the State
during the previous year (or other period determined by
the Secretary to be representative).
``(C) Percentage of offering.--The Secretary may
limit the quantity that may be purchased through binding
offers at any offering to 3 percent of the offering.
``(4) Adjustments.--
``(A) In general.--Notwithstanding any limitation
imposed under paragraph (3), in administering this
subsection, in the case of each offering, the Secretary
shall, at the request of the Governor of the State of
Hawaii, or an eligible entity certified under paragraph
(7), adjust the quantity to be sold to the State of
Hawaii in accordance with this paragraph.
``(B) Upward adjustment.--The Secretary shall adjust
upward to the next whole number increment of a full
tanker load if the quantity to be sold is--
``(i) less than 1 full tanker load; or
``(ii) greater than or equal to 50 percent of
a full tanker load more than a whole number
increment of a full tanker load.
``(C) Downward adjustment.--The Secretary shall
adjust downward to the next whole number increment of a
full tanker load if the quantity to be sold is less than
50 percent of a full tanker load more than a whole
number increment of a full tanker load.
``(5) Delivery to other locations.--The State of Hawaii may
enter into an exchange or a processing agreement that
[[Page 112 STAT. 3484]]
requires delivery to other locations, if a petroleum product of
similar value or quantity is delivered to the State of Hawaii.
``(6) Standard sales provisions.--Except as otherwise
provided in this Act, the Secretary may require the State of
Hawaii to comply with the standard sales provisions applicable
to purchasers of petroleum products at competitive sales.
``(7) Eligible entities.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and notwithstanding any other provision of this
paragraph, if the Governor of the State of Hawaii
certifies to the Secretary that the State has entered
into an agreement with an eligible entity to carry out
this Act, the eligible entity may act on behalf of the
State of Hawaii to carry out this subsection.
``(B) Limitation.--The Governor of the State of
Hawaii shall not certify more than one eligible entity
under this paragraph for each notice of sale.
``(C) Barred company.--If the Secretary has notified
the Governor of the State of Hawaii that a company has
been barred from bidding (either prior to, or at the
time that a notice of sale is issued), the Governor
shall not certify the company under this paragraph.
``(8) Supplies of petroleum products.--At the request of the
Governor of an insular area, the Secretary shall, for a period
not to exceed 180 days following a drawdown of the Strategic
Petroleum Reserve, assist the insular area or the President of a
Freely Associated State in its efforts to maintain adequate
supplies of petroleum products from traditional and
nontraditional suppliers.''.
(b) Regulations.-- <<NOTE: 42 USC 6241 note.>>
(1) In general.--The Secretary of Energy shall issue such
regulations as are necessary to carry out the amendment made by
subsection (a).
(2) Administrative procedure.--Regulations issued to carry
out the amendment made by subsection (a) shall not be subject
to--
(A) section 523 of the Energy Policy and
Conservation Act (42 U.S.C. 6393); or
(B) section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191).
(c) <<NOTE: 42 USC 6241 note.>> Effective Date.--The amendment made
by subsection (a) takes effect on the earlier of--
(1) the date that is 180 days after the date of enactment of
this Act; or
(2) the date that final regulations are issued under
subsection (b).
SEC. 10. INDIAN ENERGY RESOURCE DEVELOPMENT.
Section 2603 of the Energy Policy Act of 1992 (25 U.S.C. 3503) is
amended in subsection (c) by striking ``and 1997'' each place it appears
and inserting ``1999, 2000, 2001, 2002 and 2003'' in lieu thereof.
SEC. 11. REMEDIAL ACTION.
(a) Section 1001(b)(2)(C) of the Energy Policy Act of 1992 (42
U.S.C. 2296a) is amended by striking ``$65,000,000'' and inserting
``$140,000,000''.
[[Page 112 STAT. 3485]]
(b) Section 1003(a) of such Act (42 U.S.C. 2296a-2) is amended by
striking ``$415,000,000'' and inserting ``$490,000,000''.
(c) Section 1802(a) of the Atomic Energy Act of 1954 (42 U.S.C.
2297g-1) is amended by striking ``$480,000,000'' and inserting
``$488,333,333''.
Approved November 13, 1998.
LEGISLATIVE HISTORY--S. 417 (H.R. 4017):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-727 accompanying H.R. 4017 (Comm. on Commerce).
SENATE REPORTS: No. 105-25 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
June 27, considered and passed
Senate.
Vol. 144 (1998):
Sept. 28, considered and passed
House, amended, in lieu of H.R.
4017.
Oct. 8, Senate concurred in House
amendments with an amendment.
Oct. 15, House concurred in Senate
amendment.
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