[Senate Report 111-48]
[From the U.S. Government Publishing Office]
Calendar No. 110
111th Congress Report
SENATE
1st Session 111-48
======================================================================
AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009
----------
REPORT
of the
COMMITTEE ON ENERGY AND
NATURAL RESOURCES
UNITED STATES SENATE
July 16, 2009--Ordered to be printed
Printed for the use of the
Committee on Energy and Natural Resources
_______
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AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009
Calendar No. 110
111th Congress Report
SENATE
1st Session 111-48
======================================================================
AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009
_______
July 16, 2009.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1462]
The Committee on Energy and Natural Resources, reports an
original bill (S. 1462) to promote clean energy technology
development, enhanced energy efficiency, improved energy
security, and energy innovation and workforce development, and
for other purposes, reports favorably thereon and recommends
that the bill do pass.
TABLE OF CONTENTS
Page
Purpose of the Measure........................................... 1
Summary of Major Provisions...................................... 2
Background and Need.............................................. 6
Legislative History.............................................. 7
Committee Recommendation and Tabulation of Votes................. 9
Section-by-Section Analysis...................................... 9
Cost and Budgetary Considerations................................ 57
Regulatory Impact Evaluation..................................... 58
Congressionally Directed Spending................................ 60
Executive Communications......................................... 60
Changes in Existing Law.......................................... 60
Purpose of the Measure
The purposes of the measure are to promote the energy
security of the United States by: promoting the development and
deployment of clean energy technologies; improving the energy
efficiency of appliances, equipment, buildings, manufacturing,
and the electric grid; securing the electric grid against cyber
attacks; securing petroleum product markets against supply
disruptions; promoting the development of domestic sources of
oil and natural gas; demonstrating the large-scale geologic
storage of industrial sources of carbon dioxide; promoting
energy innovation and workforce development; and improving the
regulation of energy markets.
Summary of Major Provisions
Title I--Clean energy technology development
Subtitle A provides federal support to private capital
markets to finance the deployment of clean energy technologies
by reforming the Department of Energy's existing loan guarantee
program under title XVII of the Energy Policy Act of 2005, and
by establishing a new Clean Energy Deployment Administration
within the Department of Energy to provide financial support
through loans, loan guarantees, and other mechanisms to promote
deployment of clean energy technologies.
Subtitle B strengthens the Federal Energy Regulatory
Commission's role in siting interstate electric transmission
facilities. It establishes a national interstate transmission
siting policy, directs the Federal Energy Regulatory Commission
to coordinate regional planning to ensure that regional plans
are integrated into an interconnection-wide transmission plan
that achieves the national policy, authorizes the use of
federal eminent domain authority to acquire rights-of-way
necessary for high-priority national transmission projects if
the States are unable or unwilling to provide the necessary
authorization, and requires the Commission to ensure just and
reasonable allocation of the cost of high-priority national
transmission projects.
Subtitle C establishes a renewable electricity standard
that requires sellers of electricity to obtain 15 percent of
their electricity from renewable energy resources or energy
efficient improvements by 2021.
Subtitle D provides for an in-depth analysis of the impact
of energy development and production on the water resources of
the United States, and of the use of energy in the procurement,
treatment, and delivery of water.
Subtitle E promotes the deployment of advanced vehicle
technologies that reduce petroleum consumption and greenhouse
gas emissions. It provides financial support to State and local
governments and other entities to assist in the installation of
recharging facilities for electric drive vehicles; establishes
a pilot program to facilitate the purchase or lease of plug-in
electric vehicles by federal agencies and the installation of
recharging infrastructure at federal facilities; and calls for
studies and reports on advanced vehicle technology options,
standards for electric drive transportation, and end-of-useful
life options for motor vehicle batteries.
Title II--Enhanced energy efficiency
Subtitle A promotes greater energy efficiency and
productivity in commercial and industrial manufacturing by
establishing a revolving loan program to help deploy
commercially available technologies and processes that
significantly reduce energy intensity and improve industrial
competitiveness. It also strengthens the Department of Energy's
existing energy-intensive industries program, establishes a new
sustainable manufacturing initiative, authorizes the Secretary
to make grants to projects demonstrating industrial
applications of energy efficient technologies or processes, and
asks the National Academy of Sciences to study advanced energy
technology manufacturing capabilities in the United States.
Subtitle B strengthens energy efficiency standards for
appliances and equipment. It establishes procedures for people
to request revisions of test procedures and standards for
efficiency standards; sets new standards for portable light
fixtures, certain lamps, and commercial furnaces; establishes a
rebate program for the purchase of more efficient motors; and
commissions studies on compliance with appliance standards, the
use of direct current in certain buildings, and the need for an
Energy Superstar tier in the Energy Star program.
Subtitle C improves energy efficiency in residential,
commercial, and federal buildings. Part I directs the Secretary
of Energy to update national model building energy codes and
standards to achieve a 30 percent improvement in energy savings
by 2010 and a 50 percent improvement by 2016. It also
authorizes the Secretary to make grants to State or local
government agencies and nonprofit organizations to increase
energy efficiency in multifamily buildings and manufactured
housing, and to institutions of higher education to establish
building training and assessment centers. Part II reauthorizes
the Low-Income Weatherization Assistance Program. Part III
reauthorizes the State Energy Program. Part IV establishes a
new grant program to enable States to provide grants to
homeowners to retrofit their homes to make them more energy
efficient. Part V strengthens Federal renewable energy purchase
requirements, energy savings performance contract authority,
and energy efficiency programs. Part VI establishes a voluntary
energy performance information program to provide energy
performance information and increase public awareness of the
importance of building energy efficiency and performance. Part
VII establishes a residential high performance zero-net-energy
buildings initiative.
Subtitle D improves the efficiency of the national electric
grid by: (1) establishing a national electric system efficiency
and peak demand reduction goal that can be met through the use
of smart grid and demand response technologies and practices;
and (2) requiring the Federal Energy Regulatory Commission to
establish a national interconnection standard.
Title III--Improved energy security
Subtitle A enhances the authority of the Secretary of
Energy and the Federal Energy Regulatory Commission to protect
the Nation's critical electric infrastructure from cyber
attacks.
Subtitle B affirms the importance of nuclear energy to the
Nation's energy security by: (1) establishing a National
Commission to find a solution to the nuclear waste problem; (2)
directing the Secretary of Energy to continue research and
development on advanced fuel recycling processes; and (3)
ensuring that any advanced fuel recycling facilities that are
developed will be subject to licensing and regulation by the
Nuclear Regulatory Commission and applicable environmental
protection standards established by the Environmental
Protection Agency.
Subtitle C provides for the creation of a 30 million barrel
petroleum product reserve to protect the Nation from supply
shortages that may result from hurricanes, earthquakes, and
other natural disasters, and transfers the authority to draw
down the Strategic Petroleum Reserve from the President to the
Secretary of Energy.
Subtitle D opens the Eastern Gulf of Mexico (including the
Destin Dome and Pensacola areas, but excluding a buffer zone
within 45 statute miles of the Florida coast in the remaining
areas) to leasing for oil and natural gas development, making
over 3.8 billion barrels of new oil resources and 21.5 trillion
cubic feet of new natural gas resources available for
development. In addition, subtitle D ensures that the inventory
of oil and natural gas resources on the Outer Continental Shelf
in the Atlantic Region, the Eastern Gulf of Mexico, and the
Alaska Region, which was authorized by section 357 of the
Energy Policy Act of 2005, will be funded and conducted, and
that any information collected on other marine resources will
be made available. Subtitle D also repeals the royalty relief
provisions for ultra deep gas wells and deep water production
in sections 344 and 345 of the Energy Policy Act of 2005; and
it provides for Senate confirmation of the Director of the
Minerals Management Service.
Subtitle E promotes the development of renewable energy
resources on public lands. It improves permit coordination
requiring the Secretary of the Interior to establish permit
processing field offices for renewable energy development in
each of 12 western states, and it extends authorizations for
geothermal permit coordination. It requires the Secretary of
the Interior to prepare a programmatic environmental impact
statement on solar energy development on land managed by the
Bureau of Land Management, and the Forest Service to prepare a
programmatic environmental impact statement on wind and solar
energy development on National Forest System land. It asks the
National Academy of Sciences to conduct a study on the siting,
development, and management of wind and solar energy projects
on the public lands and National Forest System lands. Finally,
subtitle E establishes a pilot program under which the
Secretary of the Interior is to permit the development of two
sites for solar energy projects and two sites for wind energy
projects through competitive leasing, rather than granting
rights-of-way. The subtitle authorizes the Secretary to
establish a leasing program if, on the basis of the pilot
program, the Secretary determines that a leasing program
provides an effective means of developing solar and wind energy
on public land and is in the public interest.
Subtitle F establishes a program to demonstrate the large-
scale commercial application of long-term geologic storage of
carbon dioxide from industrial sources. It authorizes the
Secretary to enter into cooperative agreements for up to 10
demonstration projects, and to indemnify the projects against
liability, up to $10 billion.
Subtitle G directs the Secretary of Energy to assemble a
team of experts to provide technical, programmatic, and
financial assistance to the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of
the Marshall Islands, the Republic of Palau, and the United
States Virgin Islands to develop and implement an energy action
plan for each island to reduce its reliance on imported fossil
fuels through increased efficiency and the use of indigenous
clean-energy resources.
Title IV--Energy innovation and workforce development
Subtitle A extends the authorizations for energy research,
development, demonstration, and commercial application
activities authorized by title IX of the Energy Policy Act of
2005 for fiscal years 2010 through 2013, doubling the
authorized level from $3.28 billion for fiscal year 2009 under
current law to $6.58 billion in fiscal year 2013. Subtitle B
establishes a Grand Energy Challenges Research Initiative to
integrate basic and applied energy research programs within the
Department of Energy. Subtitle C improves various Department of
Energy research and development programs, including the
Advanced Research Projects Agency Energy, domestic vehicle
battery manufacturing research, lightweight materials research
and development, methane hydrate research and development, low-
Btu gas and helium resources conservation, Arctic energy
research, development, and deployment, an ultra-deepwater and
the unconventional natural gas and other petroleum resources
program. Subtitle D provides a wide array of training programs
for the energy workforce, and gives the Secretary of Energy
authority to hire highly qualified scientists, engineers, or
critical technical personnel and to fix the compensation for
certain critical positions without regard to certain civil
service laws. Subtitle E provides support for subsurface
geosciences and engineering education and training programs.
Subtitle F strengthens the Secretary of Energy's authority to
enter into transactions with nontraditional contractors and
entities, and strengthens the Secretary's marine and
hydrokinetic renewable energy research and development program.
Title V--Energy markets
Title V strengthens the Energy Information Administration's
ability to collect data on the physical holdings of the fifty
largest oil traders, and on the commercial storage capacity for
oil and natural gas in the United States. It also establishes a
Financial Market Analysis Office within EIA, and an interagency
working group on energy markets to study crude oil and refined
petroleum product prices and recommend additional statutory
authority that may be need to oversee and regulate energy
markets. In addition, title V gives the Federal Energy
Regulatory Commission authority to issue temporary emergency
orders to suspend or modify tariff rates, terms, or conditions
if necessary to protect electric consumers, and to issue cease-
and-desist orders to prevent the manipulation of the electric
or natural gas markets.
Title VI--Policy studies and reports
Title VI calls for various policy studies and reports
assessing helium and potash resources, improving energy policy
planning, addressing climate change in China and India,
assessing the risk of ``carbon leakage'' under a cap-and-trade
program, examining foreign fuel subsidies, assessing renewable
energy resources, reviewing the efficiency of electric
generation facilities, evaluating the emissions of alternative
transportation fuels, and identifying options for reducing
dependence on foreign oil.
Background and Need
For most of the past 40 years, the principal energy
challenge facing the United States has been our growing
dependence on foreign oil. To meet this challenge, our energy
laws have been primarily written to reduce energy consumption
and promote domestic sources of supply.
While dependence on foreign oil remains a major concern,
the weight of scientific evidence now holds that greenhouse
gases, particularly carbon dioxide, accumulating in the
atmosphere are causing average temperatures to rise at a rate
outside the range of natural variability and are posing a
substantial risk of rising sea levels, altered patterns of
atmospheric and oceanic circulation, and increased frequency
and severity of floods and droughts; that human activity is a
substantial cause of greenhouse gas accumulation in the
atmosphere; and that steps are needed to slow or stop the
growth of greenhouse gas emissions into the atmosphere.
Energy use is the principal source of man-made carbon
dioxide emissions. According to the Energy Information
Administration, fossil fuels supply 85 percent of the primary
energy used in the United States and account for 98 percent of
carbon dioxide emissions. Electricity generation consumes 40
percent of the nation's energy supply, and is responsible for
40 percent of our carbon dioxide emissions.
To address the threat of global climate change, we must
find and develop new sources of energy that do not emit
greenhouse gases, and we must find and develop new ways of more
cleanly and efficiently using traditional sources. At the same
time, we must find and develop new sources of energy to meet
the demands of an expanding population, a rising standard of
living, and a robust economy. The challenge before us is to
develop new, cleaner, and more sustainable sources of energy,
use those sources far more efficiently, and modernize the
infrastructure and equipment we use to produce, deliver, and
consume energy.
Congress has already taken steps to meet this challenge
with the enactment of the Energy Policy Act of 2005 and the
Energy Independence and Security Act of 2007. Five years in the
making, the Energy Policy Act of 2005 was the first major
overhaul of the nation's energy laws in over a decade. It
provided a comprehensive national energy policy that would
balance domestic energy production with conservation and
efficiency efforts, enhance our energy security, and decrease
our dependence on foreign oil. Among other things, it promoted
energy efficiency, renewable energy, oil and natural gas, clean
coal, and nuclear energy; it modernized energy markets and gave
regulators new enforcement powers; it authorized energy
research and development programs through fiscal year 2009; and
it created a federal loan guarantee program to help finance
innovative energy technologies.
The Energy Independence and Security Act of 2007 built upon
the Energy Policy Act of 2005. It increased fuel economy
standards for automobiles, increased the renewable content of
transportation fuels, improved energy efficiency standards for
appliances and lighting, promoted building efficiency,
accelerated research and development of solar, geothermal,
marine, and hydrokinetic energy, and provided for the large-
scale testing of carbon capture and geologic storage
technology.
Events since the enactment of these two laws and experience
with their implementation have, however, revealed their
inadequacies and shortcomings. The loan guarantee program
authorized by title XVII of the Energy Policy Act of 2005, for
example, was designed to provide financial support for the
deployment of innovative energy technologies, but has proved
inadequate for the task, and must be substantially expanded,
improved, and strengthened as a result. Similarly, the
transmission siting provisions in title XII of the Energy
Policy Act of 2005 have proved ineffectual and need to be
strengthened. The Federal Energy Regulatory Commission has
asked for additional enforcement tools to implement the
additional responsibilities assigned to it by the 2005 Act, and
additional power with which to protect critical electric
infrastructure from cyber attacks. Progress in demonstrating
carbon capture and geologic storage under the 2005 and 2007
statutes has been hampered by liability concerns.
Authorizations for energy research and development enacted in
2005 expire this fiscal year and must now be renewed.
In addition, events since the Energy Independence and
Security Act was passed two years ago have demonstrated the
need for additional legislation. Hurricanes Gustave and Ike
during the summer of 2008 demonstrated the vulnerability of our
refinery infrastructure. Prices for crude oil, gasoline, and
diesel fuel set record high levels in the summer of 2008,
raising new concerns about the role of financial speculation in
energy markets. President Bush lifted the executive moratorium,
and Congress lifted the statutory moratorium on oil and natural
gas development off the Atlantic and Pacific coasts in 2008,
but the statutory moratorium on development of promising areas
in the Eastern Gulf of Mexico remains in place.
For all of these reasons, additional legislation is now
needed to build on previous enactments, remedy their
deficiencies, and meet the growing energy challenge that faces
the nation.
Legislative History
The Committee on Energy and Natural Resources or its Energy
Subcommittee held 19 hearings on measures or matters relating
to the American Clean Energy Leadership Act between January 8
and May 14, 2009. At these hearings, the Committee received
testimony on:
Current energy security challenges (Full
Committee, January 8, 2009)
Draft Renewable Electricity Standard (Full
Committee, February 10, 2009)
The Department of Energy's loan guarantee
program (Full Committee, February 12, 2009)
Reducing energy consumption in buildings
(Full Committee, February 26, 2009)
Smart grid initiatives and technologies
(Full Committee, March 3, 2009)
Draft legislation on energy research and
development (Full Committee, March 5, 2009)
S. 531, the Energy and Water Integration Act
of 2009 (Full Committee, March 10, 2009)
Draft legislation on siting electric
transmission lines (Full Committee, March 12, 2009)
Energy development on public lands and the
Outer Continental Shelf (Full Committee, March 17,
2009)
Nuclear energy development (Full Committee,
March 18, 2009)
S. 598, the Appliance Standards Improvement
Act of 2009 (Full Committee, March 19, 2009)
Energy market transparency and regulation
(including draft legislation which was included in S.
672, the Natural Gas and Electricity Review and
Enforcement Act) (Energy Subcommittee, March 25, 2009)
S. 661, Restoring America's Manufacturing
Leadership through Energy Efficiency Act of 2009 (Full
Committee, March 26, 2009)
S. 548, Save America Energy Act (Full
Committee, April 22, 2009)
S. 949, 21st Century Energy Technology
Deployment Act (Full Committee, April 28, 2009)
Draft legislation on cyber security and
critical electricity infrastructure (Full Committee,
May 7, 2009)
Net metering and distributed generation
(Energy Subcommittee, May 7, 2009)
S. 967, Strategic Petroleum Reserve
Modernization Act of 2009, and S. 283 (Full Committee,
May 12, 2009)
S. 1013, Department of Energy Carbon Capture
and Sequestration Program Amendments Act of 2009 (Full
Committee, May 14, 2009).
The text of the American Clean Energy Leadership Act was
drawn from 6 bills introduced by the Chairman, 3 of which were
cosponsored by the Ranking Republican Member, and 9 chairman's
marks. The 6 bills introduced were:
S. 531, the Energy and Water Integration Act
of 2009, introduced by Mr. Bingaman for himself and Ms.
Murkowski on March 5, 2009, which became subtitle D of
title I;
S. 598, the Appliance Standards Improvement
Act of 2009, introduced by Mr. Bingaman for himself and
Ms. Murkowski on March 16, 2009, which became subtitle
B of title II;
S. 661, the Restoring America's
Manufacturing Leadership through Energy Efficiency Act
of 2009, introduced by Mr. Bingaman for himself, Ms.
Collins, Ms. Stabenow, Ms. Snowe, Mr. Bayh, Mr. Brown,
and Mr. Pryor on March 19, 2009, which became subtitle
A of title II;
S. 949, 21st Century Energy Technology
Development Act, introduced by Mr. Bingaman for
himself, Ms. Murkowski, Mr. Dorgan, Mr. Voinovich, Ms.
Stabenow, Mr. Lugar, and Ms. Shaheen on April 30, 2009,
which became subtitle A of title I;
S. 967, the Strategic Petroleum Reserve
Modernization Act of 2009, introduced by Mr. Bingaman
on May 4, 2009, which became subtitle C of title III;
and
S. 1013, the Department of Energy Carbon
Capture and Sequestration Program Amendments Act of
2009, introduced by Mr. Bingaman for himself, Mr.
Barrasso, Mr. Dorgan, Mr. Tester, Mr. Bayh, Ms.
Landrieu, Mr. Casey, and Mr. Voinovich on May 7, 2009,
which became subtitle F of title III.
The nine chairman's marks were on: energy innovation and
workforce; siting of interstate electric transmission
facilities; nuclear waste management; cyber security; building
efficiency; federal oil and natural gas development; renewable
energy development on public lands; energy markets; and policy
studies and reports.
The Committee marked up the bill in 11 open business
meetings on March 31, May 6, May 13, May 14, May 19, May 21,
June 4, June 9, June 11, June 16, and June 17, 2009. The
Committee considered 219 filed amendments (or divisions
thereof), adopted 100, rejected 33, and 86 were either
withdrawn or not offered. On June 17, the Committee ordered the
legislation, as amended, favorably reported as an original
bill.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on June 17, by majority vote of a quorum
present, recommends that the Senate pass an original bill, as
described herein.
The rollcall vote on reporting the measure was 15 yeas, 8
nays, as follows:
YEAS NAYS
Mr. Bingaman Ms. Landrieu
Mr. Dorgan* Mr. Menendez
Mr. Wyden* Mr. Burr*
Mr. Johnson* Mr. Barrasso
Ms. Cantwell Mr. Risch
Mrs. Lincoln* Mr. McCain*
Mr. Sanders* Mr. Bennett*
Mr. Bayh Mr. Bunning
Ms. Stabenow*
Mr. Udall
Ms. Shaheen
Ms. Murkowski
Mr. Brownback
Mr. Sessions*
Mr. Corker
* Indicates voting by proxy.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 provides a short title and table of contents.
Section 2. Definition of Secretary
Section 2 defines ``Secretary'' as the Secretary of Energy.
TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENT
SUBTITLE A--CLEAN ENERGY FINANCING
Section 101. Purpose
Section 101 states the purpose of subtitle A.
Section 102. Definitions
Section 102 defines terms used in the subtitle. The
Committee notes that under section 102(5)(A), pipelines that
replace freight hauling may qualify as a ``clean energy
technology'' if the pipeline reduces the need for additional
energy supplies by transporting energy with greater
effectiveness.
Section 103. Improvements to existing programs
Section 103 makes improvements in the loan guarantee
program established by title XVII of the Energy Policy Act of
2005.
Subsection (a)(1) establishes the ``Clean Energy Investment
Fund'' as a revolving fund in the Treasury for the
administrative expenses needed to carry out title XVII of the
Energy Policy Act of 2005. The Fund is intended to make the
program stable over the long term and limit the need for annual
appropriations. Subsection (a)(2)(A) makes amounts in the Fund
available without fiscal year limitation. Subsection (a)(2)(B)
allows up to 1.5 percent of the Fund to be used for
administrative expenses. Subsection (a)(3) allows amounts
collected that are not associated with the cash flows of
lending activities, as defined under the Federal Credit Reform
Act of 1990 (``FCRA''), to be used to support activities under
title XVII.
Subsection (b)(1) amends the definition of ``commercial
technology'' in section 1701(1) of the Energy Policy Act of
2005 to make it clear that a demonstration project or provision
of a loan guarantee to a commercial-scale project does not
foreclose a loan guarantee to another project or a similar
technology.
Subsection (b)(2) amends section 1702(b) of the Energy
Policy Act of 2005 to allow use of balances in the revolving
fund to cover the cost of a loan guarantee, and to allow any
combination of balances in the revolving fund or payments by
the borrower to cover the cost of a loan guarantee. Paragraph
(2) also waives section 504(b) of FCRA, eliminating the
requirement for new budgetary authority to support loan
guarantees and instead allowing balances in the fund to cover
the cost of loan guarantees.
Subsection (b)(3) amends section 1702(g)(2) of the Energy
Policy Act of 2005 to allow the Secretary of Energy to take a
less than first lien priority against project assets.
Subsection (b)(3) is intended to allow pari passu financing, or
arrangements where the Secretary takes an equal lien position
with other lenders in collateral that would give sufficient
security to the United States.
Subsection (b)(4) amends section 1702(h) of the Energy
Policy Act of 2005 to require the Secretary to deposit fees
collected under that section in the Clean Energy Investment
Fund, and to provide discretion to the Secretary to adjust the
amount or manner of collection of fees in order to allow for
broader availability of loan guarantees. Section 1702(h)(4) is
meant to ensure that only actual administrative costs for a
given project are retained in the circumstance where a
conditional commitment has been entered into but final
financial close does not occur. Section 1702(h)(5) gives the
Secretary discretion to waive requirements for an initial
credit report from an applicant if it will not materially aid
the process of determining the risks or the costs to the
applicant of the support. In such a circumstance, the credit
report may be an unnecessary added cost that would only serve
to disadvantage smaller companies while not providing any
material security to the taxpayer.
Subsection (b)(5) adds a new subsection (k) to section 1702
of the Energy Policy Act of 2005. The new subsection instructs
the Secretary to consolidate reviews such as environmental,
credit, or due diligence reviews, to the maximum extent
consistent with sound business practices, with a target
completion of processing within 6 months of submission of a
completed application.
Subsection (b)(6) amends section 1705(c) of the Energy
Policy Act of 2005 to expand the application of the wage
requirements to all of title XVII.
Section 104. Energy technology deployment goals
Section 104(a) requires the Secretary, after consultation
with the Energy Technology Advisory Council, to develop goals
for the deployment of clean energy technologies and translate
the goals into short and long-term numerical targets for
technology deployment in order to allow the performance of the
agency to be judged.
Subsection (b) directs the Secretary to revise the goals
established under subsection (a), from time to time as
appropriate, to account for advances in technology and changes
in energy policy.
Section 105. Clean Energy Deployment Administration
Section 105(a)(1) establishes the Clean Energy Deployment
Administration (Administration) within the Department of
Energy, under the direction of an administrator and a board of
directors. Paragraph (2) provides the Administration
substantial independence within the Department. Paragraph
(2)(A) exempts the Administration from line reporting authority
within the Department, and subparagraph (B) exempts it from the
Secretary's reorganization authority under section 643 of the
Department of Energy Organization Act. Subparagraph (C) creates
a new Inspector General for the Administration.
Subsection (b) creates the position of Administrator to
direct the Administration and sets out the duties of the
Administrator. Among other things, subsection (b)(2) directs
the Administrator to enhance, but not displace, private
markets, and to promote a self-sustaining portfolio of
investments.
Subsection (c) creates a Board of Directors to oversee the
Administration.
Subsection (d) creates an Energy Technology Advisory
Council to advise the Administration on technical matters. It
directs the Council to create a methodology for assessing the
technologies to allow for a dollar efficiency comparison of
proposed projects.
Subsection (e) provides the staffing authorities of the
Administrator.
Section 106. Administration functions
Section 106(a)(1)(A) creates a direct support unit to issue
loans, loan guarantees, letters of credit, insurance products,
or other financial instruments to projects employing clean
energy technologies. Subparagraph (B) establishes criteria for
awarding support to projects. Subparagraph (C) establishes how
the Administration is to account for risk in pursuing
investments. The expected loan loss reserve provides an
internal mechanism for balancing risks and returns in the
portfolio of investments by the Administration. Although all of
the funds in the Clean Energy Investment Fund are available for
support activities, the loan loss reserve allows for the
establishment of lending targets that will meet the statutory
goals and guide the collection of fees or other compensation in
order to allow for the long term financial self-sufficiency of
the Administration. Subparagraph (D) directs the Administration
to consolidate reviews. Subparagraph (E) applies the prevailing
wage standards of the Davis-Bacon Act to direct support
activities.
Subsection (a)(2) creates the indirect support unit to
focus on financial products designed to leverage private sector
participation in providing for widespread deployment of clean
energy technologies. This unit will support financial products
for the deployment of clean energy technologies through
indirect support or aggregation of private debt into more
marketable products. Subparagraph (B) gives particular guidance
to develop the financial support structures necessary to
achieve widespread, affordable financing for clean energy
technology deployments on a residential and commercial scale.
Subparagraph (D) allows the Administrator to establish
classifications and pricing structures for sellers of or those
who service clean energy technology debt so that transactions
through such partners will be transparent and efficient.
Subparagraph (F) allows the Administration to issue securities
based on the debt it holds, either through acquisition or
issuance. Subparagraph (G) provides the guiding objectives of
the operations authorized by subparagraph (F).
Section 107. Federal credit authority
Section 107(a) defines the conditions for a transfer of
functions of the title XVII loan guarantee program and
authority over the Clean Energy Investment Fund. Effective upon
enactment, the Administrator may use up to 1.5 percent of
amounts in the Fund for expenses of the Administration. Upon
transfer of functions and authority, a direct appropriation of
$10 billion will be transferred to the Fund.
Subsection (b) makes clear that all liabilities incurred by
the Administration are to be handled in accordance with the
FCRA and discharged from the appropriate credit account or the
Fund, as appropriate.
Subsection (c) sets out the treatment of fees, distinct
from FCRA-associated costs and cash flows, and allows them to
be retained in the fund for further use. The Administration is
to reduce, to the extent compatible with sound business
practices, the fees charged for breakthrough technologies in
order to encourage the development of those technologies. In
order to compensate the Fund for reduced fees or initial
subsidies of technologies, the Administration may use
alternative fee arrangements as described in (c)(4) in lieu of
cash transactions in order to sufficiently compensate the fund
for risks.
Subsection (d) clarifies further that ``costs'' as defined
under FCRA are treated according to the requirements of FCRA.
Subsection (e) sets out a means for acquiring temporary
liquidity to support secondary market activities described in
the indirect support section.
Subsection (f) authorizes the issuance of debt to support
the activity authorized in subsection (e).
Subsection (g) limits the total outstanding amount of debt
issued under subsection (f) to $2,000,000,000.
Subsection (h) requires an obligation to yield an
appropriate rate of return, as determined by the Secretary of
the Treasury.
Subsection (i) authorizes the Secretary of the Treasury to
sell obligations acquired under section 107.
Subsection (j) provides that all redemptions, purchases,
and sales under section 107 are to be treated as public debt
transactions of the United States.
Section 108. General provisions
Section 108 contains general authorities governing the
operation of the Administration.
SUBTITLE B--IMPROVED TRANSMISSION SITING
Section 121. Siting of interstate electric transmission facilities
Section 121 repeals the existing text of section 216 of the
Federal Power Act (16 U.S.C. 824p), as added by section 1221 of
the Energy Policy Act of 2005, and replaces it with new
language.
Section 216(a), as amended, establishes the policy that the
national interstate transmission system should be guided by the
following goals: support for development of renewable
generation; opportunities for reduced emissions; resulting cost
savings; diversification of risk; enhancement of competition
and mitigation of market power; ability to collocate facilities
on existing rights-of-way; competing land use priorities; the
needs of load-serving entities; and the contribution of demand
response, energy efficiency and distributed generation.
Section 216(b), as amended, defines key terms used in
section 216.
Section 216(c), as amended, requires the Federal Energy
Regulatory Commission to coordinate regional planning to ensure
that regional plans are integrated into an Interconnection-wide
transmission plan with respect to high-priority national
transmission projects that achieve the policy under subsection
(a). Paragraph (2) directs the Commission to publish, within
180 days after the date of enactment, a rule to embody the
policy goals and develop national electricity grid planning
principles pursuant to that policy. Paragraph (3) provides that
utilities, transmission organizations, regional entities, or
other multistate entities or organizations may develop a
regional plan that is consistent with the planning principles
established by the Commission. Utilities that do not
participate in the development of regional plans under this
subsection must develop a plan that is consistent with the
planning principles. Plans must be submitted to the Commission
within 2 years of the date of enactment. The Commission may
require modification of a plan to reconcile inconsistencies
among plans or to achieve the policy goals under subsection
(a).
Section 216(d), as amended, authorizes the Commission to
designate high priority national transmission projects and
delineates state and Federal roles in the siting of high-
priority national transmission projects.
Section 216(e), as amended, establishes the process for
application for a certificate of public convenience and
necessity for construction of a high-priority national
transmission project. Paragraph (2) establishes criteria that
the Commission must apply to grant such a certificate, allows
the Commission to attach such reasonable terms and conditions
to the issuance of a certificate as the public convenience and
necessity may require, and clarifies that the Commission should
use prior state work as appropriate in reviewing an
application. Paragraph (3) allows the holder of a certificate,
if he is unable to acquire by contract or agreement with a
property owner on compensation for necessary rights-of-way, to
exercise the right of eminent domain in the United States
district court for the district in which the property is
located or in a state court. Paragraph (4) allows state and
tribal governments to recommend mitigation measures based on
habitat protection, environmental considerations or cultural
site protection considerations. Paragraph (5) clarifies that an
applicant receiving a certificate shall not require a separate
state or local authorization. Paragraph (6) requires
certificate holders to comply with Federal law regarding
obtaining rights-of-way on Indian lands.
Section 216(f), as amended, provides for the coordination
of Federal authorizations for transmission facilities.
Paragraph (1) defines ``Federal authorization.'' Paragraph (2)
provides that the Secretary of the Interior shall act as lead
agency for coordinating Federal authorizations in cases where
projects are on both Department of the Interior lands and other
Federal lands. Paragraph (3) directs the Secretary of the
Interior to coordinate Federal authorizations and reviews with
the Commission, Indian tribes, state agencies and multistate
entities. Paragraph (4) directs the Secretary of the Interior
to establish milestones and deadlines for reviews and
authorizations under Federal law, as well as provide for a
preapplication mechanism to expedite processes. Paragraph
(5)(A) directs the Secretary of the Interior to prepare a
single environmental review document to be used as the basis
for all decisions relating to the proposed project under
Federal law. Paragraph (5)(B) requires the Secretaries of the
Interior and Agriculture to streamline review and permitting
within corridors designated under section 503 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1763) or
section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926).
Paragraph (6) provides that in cases where a Federal agency has
denied an application or failed to act by a deadline, the
applicant, or a state within which a project is located, may
appeal to the President to approve or deny the application.
Paragraph (7) delineates Federal lands in which the
Presidential appeal does not apply. Paragraph (8) requires
agencies, to the maximum extent practicable, to use corridors
designated under section 368 of the Energy Policy Act of 2007
(42 U.S.C. 15926) and to designate new corridors when unable to
do so. Paragraph (9) describes duration of authorizations and
conditions for renewals. Paragraph (10) requires the Secretary
of Energy and the Commission to consult regularly with electric
reliability organizations, transmission organizations,
transmission owners and users, and other interested parties.
Paragraph (11) prescribes implementation of the subsection.
Section 216(g), as amended, requires the Commission to
evaluate whether high-priority national transmission projects
are being constructed in accordance with plans under this
section, to take necessary actions, pursuant to applicable law,
to address identified obstacles, and to make recommendations to
Congress for further actions or authorities needed.
Section 216(h), as amended, requires the Secretary to
report to Congress recommendations for further actions or
authority needed to ensure development of demand response,
energy storage, distributed generation, energy efficiency, and
other areas necessary to carry out the stated policy.
Section 216(i), as amended, requires the Commission to
develop appropriate methodologies for allocation of costs of
high-priority national transmission projects, delineates cost
allocation criteria, and requires the Commission to develop a
methodology for collecting costs and distributing revenues to
transmission owners.
Section 216(j), as amended, preserves, except as explicitly
provided, Federal and State laws.
Section 216(k), as amended, expresses the policy of the
United States regarding long-term transmission rights for load-
serving entities to support generation investment.
Section 216(l) requires the Secretary to conduct
assessments to identify areas with significant potential for
development of location-constrained resources.
Section 216(m) requires the Secretary to submit studies of
electric transmission congestion to Congress and defines the
schedule for doing so.
Section 216(n) delineates entities subject to the authority
of the Commission to approve transmission plans and allocate
costs, preserves approvals for pending projects, and excludes
Alaska, Hawaii, and the Electric Reliability Council of Texas
from the operation of the section 216, unless the State or
Council elects to participate in a cost allocation plan under
the section.
SUBTITLE C--FEDERAL RENEWABLE ELECTRICITY STANDARD
Section 131. Sense of the Congress on renewable energy and energy
efficiency
Section 131 expresses the sense of Congress that the
Federal Government should continue to support the use and
expansion of renewable energy and energy efficiency.
Section 132. Federal renewable electricity standard
Section 132 adds a new section 610 to Title VI of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601
et seq.).
Section 610(a) defines key terms used in section 610.
Section 610(b)(1) requires retail sellers of electricity to
obtain the following percentages of their electricity in any
calendar year from renewable energy or from energy efficiency:
Year Percent
2011-2013......................................................... 3
2014-2016......................................................... 6
2017-2018......................................................... 9
2019-2020......................................................... 12
2021-2039......................................................... 15
Section 610(b)(2) provides that electricity utilities may
comply with the requirement of paragraph (1) by submitting
renewable energy credits to the Secretary, submitting energy
efficiency credits up to 26.67 percent of the requirement to
the Secretary, making alternative compliance payments to the
Secretary, or any combination of the above. Paragraph (3)
directs Secretary of Energy to prescribe a reasonable phase-in
of requirements for utilities that become subject to the
requirement on or after January 1, 2013.
Section 610(c)(1) requires the Secretary to establish a
federal renewable energy credit trading program and a Federal
energy efficiency credit trading program. Paragraph (2)
describes the program for issuing of credits by the Secretary.
Paragraph (3) allows credits to be used for three years from
the date of issuance. Paragraph (4) allows utilities to
transfer excess credits to affiliates. Paragraph (5) allows the
Secretary to delegate to an appropriate market-making entity
the administration of national markets for federal renewable
energy credits and for federal energy efficiency credits, and
to regional entities to track the dispatch of renewable
generation.
Section 610(d)(1) provides for civil penalties for electric
utilities that fail to meet the requirements of subsection (b).
Paragraph (2) defines the amount of the penalties. Paragraph
(3) authorizes the Secretary to mitigate or waive penalties and
to provide waivers or variances from the requirements.
Paragraph (4) requires the Secretary to assess civil penalties
in accordance with procedures prescribed by section 333(d) of
the Energy Policy and Conservation Act (42 U.S.C. 6303(d)).
Section 610(e)(1) allows electric utilities to comply by
making alternative compliance payments in lieu of submitting
credits in accordance with regulations prescribed by the
Secretary. Paragraph (2) requires that payments be made
directly to the State in which the utility is located, if the
payments are made into a state fund within the treasury of the
State for use in accordance with paragraph 3. Paragraph (3)
allows the Governor of the State to expend amounts solely for
the purposes of increasing the quantity of electric energy from
a renewable resource in the State, including nuclear and
advanced coal technologies; promoting deployment and use of
electric drive vehicles; and offsetting the costs of compliance
paid by electric consumers in the State through direct grants
to electric consumers or energy efficiency investments.
Paragraph (4) authorizes the Secretary to require the Governor
to keep such accounts and records and furnish information as
the Secretary determines are necessary to determine compliance
with this subsection.
Section 610(f)(1) provides that electric utilities that
sell less than 4,000,000 megawatt hours of electric energy per
year to retail consumers are exempt, as are those in Hawaii.
Section 610(g) directs the Secretary to adjust the amount
of the alternative compliance payment for inflation.
Section 610(h)(1) clarifies that this section does not
diminish the right of any State to adopt or enforce any law or
regulation respecting renewable energy or energy efficiency, or
to regulate electric utilities. Paragraph (2) clarifies that no
State law relieves any person of any requirement under this
section. Paragraph (3) requires the Secretary to coordinate
with State programs, to the maximum extent practicable.
Paragraph (4) requires the Secretary to issue regulations to
ensure appropriate issuance of Federal credits in cases where
States have renewable energy requirements, to the extent that
the State programs result in generation of renewable energy.
The Secretary also must ensure that renewable energy credits
issued pursuant to this subsection shall not be used for
compliance with this section more than once.
Section 610(i)(1) defines key terms used in this
subsection. Paragraph (2) requires the Secretary, when
petitioned by the Governor of a State or, in the case of the
Tennessee Valley Authority, the Board of Directors, to allow up
to 26.67 percent of the requirement under subsection (b) to be
met by submitting Federal energy efficiency credits. Paragraph
(3) delineates circumstances under which the Secretary may
issue Federal energy efficiency credits. Paragraph (4) requires
the Secretary to issue regulations regarding measurement and
verification of electricity savings under this subsection.
Paragraph (5) requires the Secretary to issue regulations by
which the increment of electricity output of new combined heat
and power systems shall be considered electricity savings under
this subsection.
Section 610(j) clarifies that the provisions of this
section relating to biomass shall be administered in accordance
with section 203(e) of the Energy Policy Act of 2005, as added
by section 133(2) of the Act.
Section 610(k) provides for loans to electric utilities to
carry out the purposes of this section.
Section 610(l) directs the Secretary, not later than
January 15, 2015, and every five years thereafter, to review
and make recommendations to Congress on the program.
Section 610(m) directs the Secretary to prescribe
regulations implementing the section.
Section 610(n) terminates authority under section 610 on
December 31, 2039.
Section 610(o) makes a conforming amendment to the table of
contents of the Public Utility Regulatory Policies Act of 1978.
Section 133. Federal purchase requirement amendment
Section 133(1) amends the definition of ``biomass'' in
section 203(b)(1) and the definition of ``renewable energy'' in
section 203(b)(2) of the Energy Policy Act of 2005, and adds
definitions for 6 additional terms.
Section 203(b)(1), as amended, defines the term ``biomass''
by specifying types of nonhazardous organic materials.
Subparagraphs (A) through (H) specify types of materials that
qualify under the definition without regard to the ownership of
the land from which they are harvested or removed.
Subparagraphs (I) and (J) specify additional types of materials
that qualify under the definition if harvested from certain
non-Federal or Indian land, and subparagraph (K) specifies
additional qualifying materials harvested from certain Federal
land. The Committee did not include biomass that is hazardous
or that is contaminated with hazardous materials or organisms
because of the risks to human health and the environment that
are associated with transporting, storing, and converting such
materials to electricity. Nothing in the definition of
``biomass'' (or the federal purchase requirement) prohibits or
expands the authority of landowners to cultivate, harvest, or
sell biomass, nor does it prohibit the production of
electricity from organic materials that do not qualify as
``biomass'' under this definition. However, electricity
produced from biomass only qualifies for purposes of meeting
the purchase requirement if it falls within the definition.
Subparagraph (A) includes as ``biomass'' residues and
byproducts from milled logs, such as bark, trimmings, sawdust,
and black liquor, for example.
Subparagraph (B) includes wood, paper products that are not
commonly recyclable, and vegetation that is diverted from a
municipal waste stream or separated from other waste out of a
municipal waste stream. Wood, vegetation, and paper products do
not qualify under this subparagraph if they would not otherwise
be actively disposed of as municipal waste.
Subparagraph (C) includes hazard trees, trimmings, and
brush that are necessary to remove in order to maintain a
utility right-of-way or a public road (not including any
unpaved road within Federal land).
Subparagraph (D) includes trees, trimmings, and brush
harvested from the immediate vicinity of any building,
campground, or other structure in wildfire prone areas to
reduce the risk to the structure or campground or to human life
from wildfires.
Subparagraph (E) includes alien species whose introduction
does or is likely to cause economic or environmental harm or
harm to human health if they are removed in an effort to
control or eradicate the invasive species. Invasive species
that are cultivated as an energy crop, for example, would not
qualify under this subparagraph.
Subparagraph (F) includes animal waste (including sewage)
and animal byproducts, including solids produced by micro-
organisms and biogas that are derived from such waste.
Subparagraphs (G) and (H) include food waste and algae,
respectively.
Subparagraph (I) includes vegetation that is harvested from
non-Federal forest land or Indian forest land. On the date of
enactment, vegetation from all non-Federal and Indian forest
land is eligible (with certain restrictions regarding land
identified as ``conservation forest land''). However,
vegetation from non-Federal and Indian forest land that is
converted from a naturally regenerated forest to planted forest
land after the date of enactment is not included in this
provision (unless it was planted for the purpose of restoring a
naturally regenerated forest). Vegetation that is harvested
from planted forest land that--on the date of enactment--is
managed as cropland, pastureland, or planted forest land is
included under clause (ii).
Subparagraph (J) includes crops, crop byproducts, and crop
residues from non-forested non-Federal land and Indian land
that--on the date of enactment--is cultivated as cropland or
pastureland.
Subparagraph (K) includes certain vegetation from most
Federal land managed by the Forest Service and Bureau of Land
Management. In general, the provisions of subparagraph (K) are
intended to focus incentives on the materials that are
appropriately removed from public lands to improve forest
health and currently cannot be utilized economically (and,
therefore, do not compete with higher-value products like
lumber, for example). Nothing in the definition of ``biomass''
either restricts or expands existing land management
authorities, and this subparagraph includes a provision that
emphasizes that any vegetation from Federal land must be
harvested in accordance with applicable law and land management
plans to qualify under the definition.
Subparagraph (K)(i) includes slash, the residue left on the
ground after logging (including a commercial timber sale) or
accumulating on the ground as a result of storms, wildfires,
girdling, or delimbing. Clause (ii) includes certain brush and
trees that are byproducts of ecological restoration, disease or
insect infestation control, or hazardous fuels reduction
treatments. Specifically, subclause (I) includes brush and
trees that do not meet the utilization standards for sawtimber
that are byproducts of such treatments if they are from stands
that were killed by an insect or disease epidemic or a natural
disaster. Utilization standards for sawtimber generally include
a component of minimum quality and minimum size. Under
subclause (I), trees that are larger than the minimum size
standard for sawtimber may nevertheless qualify as ``biomass''
if they do not meet the minimum quality standard. Under
subclause (II), brush and trees that do not exceed the minimum
size standards for sawtimber also are included in the
definition of ``biomass'' if they are byproducts of such
treatment. In all other cases, trees that are harvested from
Federal land and that exceed the applicable minimum size
standard for sawtimber are not included under subparagraph (K).
Section 203(b)(2), as amended, defines the term
``conservation forest land.'' Under the definition of
``biomass'' in paragraph (1)(I)(i)(III), vegetation from non-
Federal or Indian land that is--at the time of harvest--
identified as ``conservation forest land'' qualifies as
``biomass'' so long as the vegetation is ``harvested in
quantities and through practices that maintain or contribute
toward the restoration of the species, ecological systems, and
ecological communities for which the conservation forest land
was identified.'' Subparagraph (A) defines ``conservation
forest land'' in a manner that is consistent with the
conservation status ranks used by the State Natural Heritage
Program, but places the responsibility for identifying such
lands only with appropriate governmental entities, as provided
by subparagraph (B).
Subparagraph (B)(iii) states that conservation forest land
may be identified by the Secretary of Agriculture or the
Secretary of the Interior if done in consultation with the
appropriate State or Indian tribe. The Committee contemplates
that States and Tribes would take the lead role in carrying out
the task of identifying conservation forest land (as provided
for by clauses (i) and (ii)), but nothing in this Act requires
States or Tribes to do so or subjects them to any kind of
enforcement action if they do not. Accordingly, as an
alternative to State or Tribal identification under clauses (i)
and (ii), clause (iii) provides authority for either Secretary
to do so, but emphasizes that the Secretaries may only identify
conservation forest land if they do so in consultation with the
appropriate State or Tribe.
Subparagraph (C) removes an incentive to carry out land
management practices on land identified as conservation forest
land that would contribute to the elimination of the
conservation values for which it was identified in order to
remove the land from conservation forest land status.
Accordingly, it prohibits removing land from conservation
forest land status as a result of such actions.
Section 203(b)(3), as amended, defines the term ``Federal
land'' as National Forest System land and public lands
administered by the Bureau of Land Management. Some of these
lands are excluded from the definition by subparagraph (B),
including National Conservation Areas, National Monuments,
National Trails, Wild and Scenic Rivers, Wilderness Areas, and
other areas designated by Congress to be administered for
conservation purposes. Vegetation harvested from old growth and
late-successional forest stands also is excluded from the
provisions of section 203(b)(1)(K) unless the restrictions in
clause (ii) of this subparagraph are met.
Paragraphs (4), (5), and (6) of section 203(b), as amended,
define ``Indian land,'' ``Indian Tribe,'' and ``Non-Federal
land.''
Section 203(b)(7) defines ``renewable energy'' to include
thermal, as well as electric energy, produced from renewable
sources.
Section 203(b)(8) defines ``Secretary concerned.''
Section 133(2) of the bill adds a new subsection (e) to the
end of section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852). The new subsection (e)(1) delegates authority to
administer the provisions of the purchase requirement that
relate to the harvesting of ``biomass'' from Federal land and
all forest land to either the Secretary of Agriculture or the
Secretary of the Interior. The new subsection (e)(2) directs
the Secretary of Energy to periodically conduct a study based
on the best available science to assess certain impacts of
biomass harvesting for energy production (including electric,
fuel, and thermal energy production) and to provide appropriate
recommendations to reduce such impacts.
SUBTITLE D--ENERGY AND WATER INTEGRATION
Section 141. Energy water nexus study
Section 141(a) requires the Secretary of Energy, in
consultation with others, to enter into an arrangement with the
National Academy of Sciences to conduct a study to assess the
impact of energy development and production on the water
resources of the United States.
Subsection (b) requires the study to assess the amount of
water used to produce transportation fuels, the amount of water
used to produce electricity using various types of generation,
and additional impacts on water from mining and transporting
fuel sources.
Subsection (c) directs the National Academy of Sciences to
report the results of its study to the Secretary within 18
months of enactment of the Act.
Subsection (d) directs the National Academy of Sciences to
make the results of its study available to the public.
Subsection (e) authorizes the appropriations necessary to
carry out the section.
Section 142. Power plant water and energy efficiency
Section 142(a) requires the Secretary, in consultation with
others, to conduct a study to identify best available
technologies and other strategies to maximize water and energy
efficiency in generating electricity.
Subsection (b) specifies the generation types to be
included in the study.
Subsection (c) specifies the timing and content of a report
to Congress.
Subsection (d) authorizes the appropriations necessary to
carry out the section.
Section 143. Reclamation water conservation and energy savings study
Section 143(a) defines key terms used in the section.
Subsection (b) requires the Secretary of the Interior,
acting through the Commissioner of Reclamation, to conduct a
study evaluating the energy used in storing and delivering
water from Bureau of Reclamation projects, and to identify ways
to reduce such use through conservation, improved operations,
and renewable energy integration.
Subsection (c) directs the Secretary to submit to Congress
a report containing the results of the study within 18 months
of enactment of the Act.
Subsection (d) authorizes the appropriations necessary to
carry out the section.
Section 144. Brackish groundwater national desalination research
facility
Section 144(a) defines key terms used in the section.
Subsection (b) directs the Secretary of the Interior to
operate, manage, and maintain the Brackish Groundwater National
Desalination Research Facility.
Subsection (c) specifies the objectives of the Facility and
the activities to be conducted at the Facility, including the
prioritization to develop renewable energy technologies for
integration with desalination activities.
Subsection (d) provides the Secretary a broad range of
specified authorities to carry out the section.
Section 144(e) authorizes the appropriations necessary to
carry out the section.
Section 145. Enhanced information on water-related energy consumption
Section 145 amends the Department of Energy Organization
Act to require the Secretary of Energy, acting through the
Administrator of the Energy Information Administration, to
continually report on the energy used in procuring, treating,
and delivering water.
Section 146. Energy-Water Research and Development Roadmap
Section 146(a) directs the Secretary of Energy to develop
an Energy-Water Research and Development Roadmap within 90 days
of enactment of the Act.
Subsection (b) directs the Secretary to submit to Congress
a report concerning the Roadmap within 120 days of enactment of
the Act.
Section 147. Energy-water clean technology program
Section 147(a) defines key terms used in the section.
Subsection (b) directs the Secretary of Energy to carry out
a competitive grant program for specified entities to
demonstrate technologies that conserve significant amounts of
water and energy in development projects.
Subsection (c) specifies a number of requirements
associated with the grant program.
Subsection (d) authorizes appropriations to carry out the
section.
Section 148. Rural water utilities energy and water efficiency program
Section 148(a) directs the Secretary of Energy to establish
and carry out an energy and water efficiency technical
assistance program for rural drinking water and wastewater
utilities.
Subsection (b) authorizes appropriations to carry out the
section.
Section 149. Comprehensive water use and energy savings study
Section 149(a) requires the Secretary of Energy, in
consultation with other Federal agencies and appropriate
entities, to conduct an in-depth study on the inter-related
nature of water and energy as specified in the section.
Subsection (b) specifies the required components of the
study.
Subsection (c) directs the Secretary to submit to Congress
a report containing a description of the results of the study
within 18 months of enactment of the Act.
SUBTITLE E--VEHICLE TECHNOLOGY DEPLOYMENT
Section 151. Transportation roadmap study
Section 151 directs the Secretary of Energy to contract
with the National Academy of Sciences to conduct a
comprehensive analysis of energy use by light-duty vehicles and
the technology options for alternative fuels.
Section 152. Vehicle technology and recharging infrastructure
Section 152 adds several new subsections to section 131 of
the Energy Independence and Security Act of 2007, to provide
further support for the deployment of electric drive vehicles.
The new section 131(e) requires the Secretary of Energy, in
consultation with the Administrator of the Environmental
Protection Agency and the Secretary of Transportation, to study
factors that must be addressed to enable the widespread
deployment of electric drive vehicles. The new section 131(f)
authorizes financial support for projects to deploy electric
drive vehicles and related infrastructure, in the form of
grants administered through the Department and by allowing the
Secretary to consult with the Administrator of the Clean Energy
Deployment Administration to further the goals of the
subsection.
Section 153. Electric drive transportation standardization
Section 153 directs the Secretary of Energy to submit a
report on standards for electric drive transportation.
Section 154. Pilot program for Federal fleet
Section 154 adds a new subsection (h) to section 131 of the
Energy and Independence and Security Act of 2007 to require the
Secretary of Energy to establish, as part of the Federal Energy
Management Program, a pilot program to provide grants to aid in
the deployment of electric drive vehicles that have not yet
reached commercial-scale production. Grants under the pilot
program would be used to cover the cost differential between an
electric drive vehicle and an equivalent traditionally powered
vehicle, and for recharging infrastructure at federal
facilities needed to support those vehicles.
Section 155. Study of end-of-useful life options for motor vehicle
batteries
Section 155 directs the Secretary of Energy to study the
end-of-useful life options for motor vehicle batteries, and to
submit a report on the results of the study.
TITLE II--ENHANCED ENERGY EFFICIENCY
SUBTITLE A--MANUFACTURING ENERGY EFFICIENCY
Section 201. State partnership industrial energy efficiency revolving
loan program
Section 201 authorizes the Department of Energy to
competitively award grants to partnerships between a community
and economic development lender, a State agency, and a private
financial institution or other provider of loan capital for the
purposes of establishing regionally based revolving loan
programs to provide manufacturers with loans to implement the
technologies and processes that will increase energy
productivity, enable the production of clean energy
technologies, and increase the industrial competitiveness of
the United States.
Section 202. Coordination of research and development of energy
efficient technologies for industry
Section 202 instructs the Secretary of Energy to establish
research and development partnerships between the Industrial
Technologies Program and other DOE R&D programs (e.g., Building
Technologies, Advanced Batteries and Vehicles Programs, and
Office of Science programs including Advanced Scientific
Computing Research) to leverage expertise and transfer early
stage technology development and manufacturing capabilities
into industry.
Section 203. Energy efficient technologies assessment
Section 203 directs DOE to complete an assessment of the
energy and greenhouse gas emissions savings potential and cost-
competitiveness of commercially available energy efficiency
technologies that are not widely implemented within U.S. energy
intensive industries.
Section 204. Future of Industry program
Section 204(a) amends section 452 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17111) to
strengthen the Department of Energy's energy-intensive
industries program.
Subsection (b) directs the Secretary to develop industry-
specific technology roadmaps, using public-private
partnerships, in order to identify the critical technologies
and processes necessary to be developed to reduce energy
intensity and greenhouse gas emissions. In implementing the
provisions of this legislation, the Secretary should look for
opportunities to integrate innovative and emerging areas of
technology solutions such as information and communications
technologies and automation and support services to monitor,
control, and optimize process efficiency as part of its
industrial energy efficiency program. These roadmaps will feed
into the public/private partnership R&D program established in
the Energy Independence and Security Act of 2007 to develop and
deploy these technologies in industry.
Subsection (c) amends section 452(e) of the Energy
Independence and Security Act of 2007 to direct the Secretary
of Energy to provide funding to establish additional Industrial
Research and Assessment Centers (IACs) and to establish Centers
of Excellence at the top performing IACs to serve as sources
for best practices and to provide for coordination between
centers. Paragraph (4) directs the IAC's to coordinate with the
National Institute of Standards and Technology's (NIST)
Manufacturing Extension Partnership Centers, the Department of
Energy's Building Technologies Program, and the National
Laboratories, and it directs the IACs to identify and promote
sustainable manufacturing practices. Subsection (c)(5)
establishes an outreach coordinator at each Center of
Excellence to leverage the efforts of the centers with those of
the States and the Federal Government. Subsection (c)(6)
provides for workforce training through cost-shared paid
internships for students to work with industries and
manufacturers to implement energy efficiency technologies.
Subsection (c)(7) links IAC assessments to Small Business
Administration Loans to provide fast tracking through the Small
Business Administration Loan system.
Section 205. Sustainable manufacturing initiative
Section 205 adds a new section 376 to the Energy Policy and
Conservation Act to establish a joint industry-government R&D
partnership program within the Industrial Technologies program,
in collaboration with NIST and any other relevant agencies, to
enable industry to shift towards sustainable manufacturing and
industrial processes.
Section 206. Innovation in industry grants
Section 206 adds a new subsection (g) to section 1008 of
the Energy Policy Act of 2005 to provide cost-shared
competitive grants to stimulate the development and widespread
deployment of innovative energy efficient technologies and
processes for manufacturing and industry. The new subsection
(g)(2)(A) permits State-industry partnerships to apply for a
grant. Paragraph (2)(B) requires a 50/50 cost share; and
paragraph (2)(C) requires the Secretary to provide select
partnerships a one-time grant of up to $500,000 for the
proposed project. Paragraphs (3) and (4) set forth criteria for
evaluating and selecting eligible projects.
Section 207. Study of advanced energy technology manufacturing
capabilities in the United States
Section 207 directs the Secretary of Energy to enter into
an arrangement with the National Academy of Sciences to develop
a report evaluating the opportunities and roadblocks to the
development of advanced manufacturing capabilities for advanced
energy technologies in the United States. The report is
designed to look at the necessity of developing critical
elements of and capabilities for the clean technology supply
chain in the U.S. in order to capture the production of high
value products and prevent their production from being shifted
overseas.
Section 208. Industrial technologies steering committee
Section 208 establishes an advisory steering committee to
provide recommendations to the Secretary on planning and
implementation of the Industrial Technologies Program of the
Department of Energy.
Section 209. Authorization of appropriations
Section 209 authorizes such sums as are necessary to carry
out subtitle A.
SUBTITLE B--IMPROVED EFFICIENCY IN APPLIANCES AND EQUIPMENT
Section 221. Test procedure petition process
Section 221(a) amends sections 323 and 343 of the Energy
Policy and Conservation Act to establish a process under which
a person may petition the Secretary to conduct a rulemaking to
prescribe or amend a test procedure for covered consumer and
industrial products, and make a decision on any such petition
within 180 days. Subsection (b) amends section 343 of the
Energy Policy and Conservation Act to require the Secretary, at
least once every 7 years, to review test procedures for certain
industrial equipment and either publish an amended test
procedure for any covered equipment or a notice of a decision
not to amend a test procedure.
Section 222. Energy Star program
Section 222 amends section 324A of the Energy Policy and
Conservation Act to make several operational changes to the
joint DOE-EPA Energy Star program. First, it would require the
Secretary of Energy and the Administrator of the Environmental
Protection Agency to update their cooperative agreement within
180 days. Second, the section would require the Secretary and
the Administrator to review each product category at least once
every 3 years, or when market share for an Energy Star product
category reaches 35 percent. Based on this review, the
Secretary and the Administrator are required to update and
publish new Energy Star product criteria for that category, or
publish a finding that no update is justified. Third, it would
clarify that DOE shall assume all responsibility for the
implementation of an Energy Star program for solid state
lighting, including any test methods and procedures. Fourth, it
would require a demonstration of compliance with the Energy
Star criteria by qualified products. Such demonstration shall
be conducted in accordance with methods determined by the
Secretary or the Administrator, who may exempt specific
products, if justified. Finally, this section would provide
specific DOE and EPA authorization levels for the program.
Section 223. Petition for amended standards
Section 223 amends section 325(n) of the Energy Policy and
Conservation Act to establish a deadline of 180 days after
receiving a petition to conduct a rulemaking for the Secretary
to grant or deny the petition. It would also establish a 3-year
deadline after the date of granting such a petition for the
Secretary to publish a final rule on the new or amended
standard, or to publish a determination that new or amended
standards are unnecessary.
Section 224. Portable light fixtures
Section 224 amends sections 321, 322, 323, and 325 of the
Energy Policy and Conservation Act to establish definitions,
exclusions, test procedures, and minimum energy efficiency
standards for portable light fixtures (plug-in table and floor
lamps) to take effect on January 1, 2016. Subsection (d) amends
section 325 of the Energy Policy and Conservation Act to
require the Secretary to review the criteria and standards
established under section 325 to determine if revised standards
are technologically feasible and economically justified, and to
publish amended standards, or a determination that no amended
standards are justified, not later than January 1, 2014.
Section 225. GU-24 base lamps
Section 225(a) amends section 321 of the Energy Policy and
Conservation Act to establish definitions for ``GU-24'' lamp
sockets, ``GU-24 Adaptor,'' and ``GU-24 Base Lamp.'' Section
225(b) amends section 325 of the Energy Policy and Conservation
Act to establish a standard for the next-generation, GU-24 lamp
sockets, so that they cannot be used for older, much less
efficient incandescent lamps.
Section 226. Standards for certain incandescent reflector lamps and
reflector lamps
Section 226 amends section 325(i) of the Energy Policy and
Conservation Act to direct the Secretary to publish a final
rule establishing standards for incandescent bulged reflector
(BR) lamp types which are currently exempt from regulation.
This section would require that these BR standards be developed
in the context of developing amended standards for all
reflector lamps, including incandescent reflector lamps, and
are to be published to later than January 1, 2015.
Section 227. Standards for commercial furnaces
Section 227 amends section 342 of the Energy Policy and
Conservation Act to establish definitions and minimum energy
efficiency standards for large (225,000 Btu/hr or more) gas-
fired and oil-fired air furnaces manufactured after January 1,
2011.
Section 228. Motor efficiency rebate program
Section 228 adds a new section 347 to the Energy Policy and
Conservation Act to direct the Secretary to establish, not
later than January 1, 2010, a program to provide rebates for
expenditures made by entities to purchase and install certain
large new electric motors. The new section 347(b)(1) requires
an entity, to be eligible, to submit to the Secretary: (1)
evidence that the entity purchased an eligible motor to replace
an installed motor; (2) evidence that the previously installed
motor has been removed from service and has been properly
disposed of; and (3) the actual nameplate from the previously
installed motor. Section 347(b)(2) authorizes the Secretary to
pay rebates in proportion to the horsepower of the motor.
Section 347(b)(3) authorizes the Secretary to make payments to
motor distributors to assist in the disposal costs of the
replaced motors. Section 347(c) authorizes $350 million to fund
the rebate program for fiscal years 2010 through 2014.
Section 229. Study of compliance with energy standards for appliances
Section 229 directs the Secretary to conduct, and submit to
Congress within 18 months, a study on the degree of compliance
with energy standards for appliances including an investigation
of compliance rates, and options for improving compliance
including enforcement.
Section 230. Study of direct current electricity supply in certain
buildings
Section 230 directs the Secretary to conduct, and submit to
Congress within 1 year, a study of the costs and benefits of
requiring high-quality, direct current electricity supply in
certain buildings and to determine, if this requirement is
imposed, what the policy and role of the Federal Government
should be.
Section 231. Motor market assessment and commercial awareness program
Section 231 directs the Secretary to assess the U.S.
electric motor market including ways to improve the efficiency
of motor systems. Subsection (d) requires the Secretary to:
develop recommendations to periodically update this
information; estimate the savings attributable to the Save
Energy Now Program; make recommendations to the Census Bureau
on surveys to support DOE's motor activities; and prepare an
update to the Motor Master+ program of DOE. Subsection (e)
directs the Secretary, based on the assessment and
recommendations, to establish a program to: increase awareness
of the savings opportunities of using higher efficiency motors;
improve motor system procurement practices; and establish
criteria for making decisions regarding electric motor systems.
Section 232. Study regarding Energy Superstar concept
Section 232 adds a new subsection (e) to section 324A of
the Energy Policy and Conservation Act to direct the Secretary
and EPA Administrator to jointly study the feasibility and
advisability of adding an Energy Superstar tier'' to the Energy
Star Program. This tier would recognize the products and
buildings as ``Superstars'' that constitute the approximately 5
percent most-efficient products in a market. The new section
324A(e)(2) requires the Secretary and EPA Administrator to
jointly submit a report to Congress no later than 1 year after
enactment on whether the Energy Superstar tier should be
established, and if so, propose a schedule and budget for its
establishment.
Section 233. Technical amendment
Section 233 would make a technical amendment to section
324(a) of the Energy Policy and Conservation Act, updating the
name change of an industry association that is cited in the
law.
SUBTITLE C--BUILDING EFFICIENCY
PART I--BUILDING CODES
Section 241. Greater energy efficiency in building codes
Section 241(a) amends section 304 of the Energy
Conservation and Production Act.
Section 304(a)(1)(A), as amended, directs the Secretary to
set energy savings targets for both the residential and
commercial national model building energy codes. The target for
2010 requires a 30 percent improvement in energy savings
compared to the 2006 International Energy Conservation Code
(IECC) for residences and the ASHRAE Standard 90.1--2004 code
for commercial buildings. The target for codes issued after
2016 requires a 50 percent improvement over the reference
codes.
Section 304(a)(1)(B) authorizes the Secretary, before 2013,
to adjust the 50 percent target date for one or both codes if
he determines that a 50 percent target cannot be met in 2016.
The Secretary is to set energy savings targets at the maximum
level of energy efficiency that is technologically feasible and
life-cycle cost-effective and on a path to achieving net-zero-
energy buildings.
Section 304(a)(1)(C) directs the Secretary to provide
technical assistance to model code-setting and standards
development organizations and to submit proposals to enable the
model codes and standards to meet these targets.
Section 304(a)(2) requires the Secretary, within one year
after the new codes are updated, to determine whether the codes
meet the efficiency targets; if not, the Secretary shall
propose modifications to the codes to meet the targets.
Subparagraph (B) requires the codes and standards organizations
to incorporate the proposed changes within 180 days.
Subparagraph (D) requires the Secretary to provide notice and
public comment on targets, determinations, and modified codes.
Section 304(b) provides that each State shall certify
whether or not it has reviewed the model codes and updated the
provisions of state codes regarding energy efficiency. The
certification shall come within 2 years after the Secretary
determines that the model energy codes meet the energy savings
targets. The certification shall include a demonstration that
the codes meet the targets in section 304(a).
Section 304(c) requires States to certify, within 3 years
of a determination by the Secretary, whether or not they have
achieved compliance with the model energy codes. Compliance is
considered achieved if at least 90 percent of new and renovated
building space meets the energy efficiency requirements of the
code or achieves an equivalent level of energy savings. A State
has made significant progress toward achieving compliance if it
has developed and is implementing a plan to achieve compliance
within 8 years. Technical assistance shall be provided to the
States by the Secretary.
Section 304(d) provides that a State that has not made a
certification under subsection (b) or (c) shall submit a report
to the Secretary on the status of the State with regard to
meeting the requirements and a plan for submittal of the
certification.
Section 304(e) authorizes the Secretary to provide funding
to States to improve and implement State energy efficiency
codes and increase compliance. In determining the amount of
funding, the Secretary shall consider the actions proposed by
the State. Of the amounts made available under this subsection,
the state may use up to $500,000 to train State and local
building code officials in order to improve compliance with
building energy codes.
Section 241(b) adds a definition of the acronym for the
International Energy Conservation Code to section 303 of the
Energy Conservation and Production Act.
Section 242. Multifamily and manufactured housing energy efficiency
grant program
Section 242 establishes a competitive grant program in the
Department of Energy to provide funding for innovative
approaches to increase energy efficiency in multifamily
buildings and manufactured housing. Examples of programs for
multifamily buildings include building renovations and
replacement of inefficient appliances and equipment with Energy
Star products. Owners of pre-1976 manufactured housing could
receive rebates to purchase new Energy Star-rated manufactured
housing.
Section 243. Building Training and Assessment Centers
Section 243 authorizes the Secretary to provide grants to
institutions of higher education to establish building training
and assessment centers, in coordination with existing programs
of the Department of Energy and other Federal agencies. Such
centers will train building engineers, building energy
permitting and enforcement officials, and building technicians.
This training will provide practical experience in conducting
energy assessments on buildings. These assessments will
identify recommended efficiency improvements to building owners
and help these owners reduce their energy bills.
PART II--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS
Section 251. Reauthorization of the low-income weatherization
assistance program
Section 251 reauthorizes the weatherization program under
part A, title IV, of the Energy Conservation and Protection Act
(42 U.S.C. 6861-6872) through fiscal year 2015.
PART III--STATE ENERGY PROGRAM
Section 255. Reauthorization of the state energy program
Section 255 reauthorizes the state energy conservation
program grant under part D, title III, of the Energy Policy
Conservation Act (42 U.S.C. 6321-6326) through fiscal year
2015.
PART IV--STATE ENERGY EFFICIENCY GRANTS PROGRAM
Section 261. Definitions
Section 261 defines terms used in sections 261-265.
Section 262. State energy efficiency retrofit programs
Section 262(a) directs the Secretary to make grants to
States to carry out energy efficiency retrofit programs in
accordance with this section.
Subsection (b) directs the Secretary to apply performance-
based criteria in awarding grants, including cost-
effectiveness, jobs created, energy and water saved, a plan for
evaluation, measurement and verification of energy savings, and
other criteria.
Subsection (c) authorizes the Secretary to award
competitive grants to the States to carry out energy efficiency
retrofit programs for residential and commercial buildings. The
grants may be implemented through the State, a unit of local
government, or a third party.
Subsection (d)(1) authorizes a State to provide a grant to
a homeowner for an energy efficiency retrofit carried out in
accordance with a prescriptive option or a performance based
option.
Subsection (d)(2) specifies the requirements of the
prescriptive option and directs the Secretary to establish a
list of approved energy savings measures that may be installed
in the home. The provision specifies the amount of the grants
available for the prescriptive option and the process for
verification of energy savings. Federal incentives under the
prescriptive approach are to be $1,000 for 10 percent savings
and $2,000 for 20 percent savings. Energy savings must be
verified by the contractor. The Secretary is authorized to
discontinue the prescriptive option one year after the date of
enactment.
Subsection (d)(3)(A) specifies that a performance-based
retrofit option shall achieve whole home energy savings.
Subparagraph (B) sets the grant amount at $3,000 for a 20
percent reduction in whole home energy consumption, and which
can increase up to the lower of $12,000 or 50 percent of the
total retrofit cost if savings are higher. Subparagraph (C)
requires energy savings to be documented through a Home Energy
Rating System rating or the use of approved whole-home
simulation software. Subsection (D) permits the Administrator
to adjust the minimum number of retrofits (initially set at 15
percent) randomly selected for third party verification, and
the appropriate number of contractor certifications.
Subsection (e)(1) authorizes States to provide incentives
for energy efficiency retrofits to commercial buildings,
including sub-metered areas within buildings.
Subsection (e)(2) provides that a State may provide
commercial building incentives if the retrofits improve energy
performance by at least 20 percent compared to the previous
year, adjusting for factors such as changes in occupancy.
Energy savings shall be determined by the Administrator using
an established energy benchmarking tool.
Subsection (e)(3) describes the incentives available for
commercial building retrofits based on energy savings per
square foot of the retrofitted space and are limited to 50
percent of the cost of the project. Incentives range from $0.15
to $3.00 per square foot. The commercial building owner
receives part of the incentive payment after the retrofit has
been completed, and the remainder of the payment is remitted
after energy savings are verified.
Subsection (f) allows historic buildings to receive
incentives of up to 120 percent of the amounts in subsections
(d) and (e).
Subsection (g) requires States receiving grants under this
section to submit a detailed report on the use of the funds to
the Secretary.
Section 263. Administrative and technical support
Section 263 authorizes the Secretary to provide
administrative and technical support to the States.
Section 264. Regulations
Section 264 directs the Secretary to prescribe such
regulations as are necessary to carry out this part.
Section 265. Funding
Section 265(a) authorizes appropriations for the State
energy efficiency grants program. Subsection (b) allocates the
funding appropriated for this part as follows: 45 percent for
home efficiency retrofits; 45 percent for commercial efficiency
retrofits; and 10 percent for administrative and technical
support. Subsection (c) limits use of the grants for
administration and for measurement and verification.
Section 266. Home energy retrofit finance program
Section 266(a) defines terms used in this section.
Subsection (b) authorizes grants to the States for
establishing or expanding a State revolving finance fund to
support financing offered by municipalities and utilities to
existing homes and residential buildings under 5 stories.
Subsection (c) authorizes the Secretary to provide funds to
the States to capitalize revolving finance funds and increase
participation in associated financing programs.
Subsection (d) requires that to be eligible to participate
in the program, a qualified program delivery entity shall
establish a method for eligible participants to pay for the
financed cost of energy efficiency and renewable energy
improvements over a period of time.
Subsection (e) directs the Secretary to allocate funds
using the formula for State Energy Programs under Part D of
Title III of the Energy Policy and Conservation Act.
Subsection (f) provides that not more than 20 percent of
the amount of funds in a State revolving finance fund may be
used for interest rate reductions.
Subsection (g) provides that, upon repayment, funds made
available by qualified program delivery entities shall be
deposited back into the applicable State revolving finance fund
to support further financing for energy efficiency measures and
renewable energy improvements.
Subsection (h) requires that home energy retrofits
receiving financing through the program be carried out in
accordance with the Home Retrofit program in section 262.
Subsection (i) requires a program evaluation and report to
the Senate Committee on Energy and Natural Resources and the
House Committee on Energy and Commerce 3 years after the date
of enactment.
Subsection (j) authorizes appropriations for carrying out
the section.
PART V--FEDERAL EFFICIENCY AND RENEWABLES
Section 271. Amendment to Federal renewable purchase requirement
Section 271(1) amends the federal renewable purchase
requirement in section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852) to allow renewable thermal energy (such as solar
hot water) to qualify for the federal renewable energy purchase
requirement. Current law allows only renewable electric energy
to qualify. Paragraph (3) amends section 203 to add a new
subsection (d) to authorize agencies to receive one credit
towards their federal renewable purchase requirement if they
generate or consume renewable energy on-site. Paragraph (4)
authorizes federal agencies to enter into long term contracts
(up to 30 years) for the purchase of renewable energy.
Section 272. Competition requirements for Energy Savings Performance
Contracts
Section 272 amends the Energy Services Performance Contract
(ESPC) in section 801(a) of the National Energy Conservation
Policy Act to set forth competition requirements for ``task or
delivery orders'' issued to qualified contractors under the
ESPC program. The section makes it clear that complying with
these specifically tailored competition provisions satisfies
the enhanced competition requirements for task and delivery
order contracts enacted in the National Defense Authorization
Act for Fiscal Year 2008.
Section 273. Funding flexibility
Section 273 amends section 801(a)(2)(E) of the National
Energy Conservation Policy Act to clarify that, notwithstanding
any other law, a Federal agency may use any combination of
appropriated funds and private financing under an ESPC, to
carry out a contract under title VIII of the National Energy
Conservation Policy Act.
Section 274. Definition of energy savings
Section 274 amends section 804(2)(B) of the National Energy
Conservation Policy Act to codify a Department of Energy policy
statement in 2006 that allows energy savings performance
contracts to be used for energy efficiency and conservation
measures that consist of or include renewable energy systems.
Section 275. National energy efficiency improvement goals
Section 275(a) establishes the goal of achieving an
improvement of the nation's overall energy productivity
(measured as GDP per unit of energy input) of at least 2.5
percent annually by 2012, and each year thereafter through
2030. Subsection (b) requires a strategic plan to ensure
compliance with the national goals within one year of
enactment. Subsection (c) specifies the strategic plan's
contents. Subsection (d) requires the plan to be updated
biennially. Subsection (e) requires the Secretary to submit the
strategic plans and each updated plan to Congress.
Section 276. Energy sustainability and efficiency grants and loans for
institutions
Section 276 amends section 399A of the Energy Policy and
Conservation Act (42 U.S.C. 6371-1) to add not-for-profit
hospitals and not-for-profit inpatient health care facilities
to the list of entities eligible for grants under section 399A.
Section 277. Federal implementation strategy for energy-efficient
information and communications technologies
Section 277 adds a new subsection (h) to section 543 of the
National Energy Conservation Policy Act to require that federal
agencies collaborate with the Director of the Office of
Management and Budget to create a comprehensive strategy for
the purchase and use of energy efficient information and
communications technologies. The new section 543(h)(3) requires
the Director to set performance goals for measuring increased
efficiency. New section 543(h)(4) requires the Director to
report to Congress on new and emerging technologies and the
progress of each agency in reducing energy use through its
comprehensive strategy.
Section 278. Incentives for Federal agencies to participate in energy
efficiency programs
Section 278 amends section 546(c) of the National Energy
Conservation Policy Act to add independent system operators,
State agencies, and third parties implementing efficiency
programs, to the entities (electric and gas utilities) that can
offer federal agencies incentives to participate in demand
response and energy efficiency programs.
PART VI--ENERGY EFFICIENCY INFORMATION FOR BUILDINGS
Section 281. Building energy performance information program
Section 281(a) defines key terms used in this section.
Subsection (b) directs the EPA Administrator to establish a
voluntary energy performance information program applicable to
buildings nationwide to provide timely and accurate information
on comparative energy performance and to increase public
awareness of the importance of building energy performance
through public education.
Subsection (c) directs the Secretary to submit a report to
Congress describing building types for which data exists that
can serve as the basis for information on building energy
performance, additional resources that will be required, and
the timeline for completion of the data requirement.
Subsection (d) directs the Secretary to support
improvements to the Commercial Buildings Energy Consumption
Survey to characterize the achieved performance of existing
buildings and to cover additional building types. While
conducting the Residential Energy Consumption Survey, the
Secretary may also evaluate whether the data is appropriate for
developing achieved measurement formats for residential
buildings within 5 years of the date of enactment.
Subsection (e) directs the Administrator to establish
methods to measure achieved energy performance and designed
energy performance and to establish formats for the display of
building energy performance. The Administrator shall consider
existing public and private programs in developing the formats
and shall publish the final specifications for information. The
Administrator shall review and may modify the building energy
information program at least once every five years.
Subsection (f) directs the Secretary, in consultation with
the Administrator, to establish an education program to
increase awareness of the importance of building energy
efficiency.
Subsection (g) authorizes the Administrator, in
consultation with the Secretary, to conduct demonstration
projects for different building types to evaluate the
sufficiency of the model formats and specifications. The
Secretary shall coordinate demonstration projects with the
Zero-Net Commercial Buildings Initiative.
Subsection (h) authorizes the Secretary, at the request of
a State or local government, to coordinate on the development
of a building energy performance information program and to
provide technical assistance and information on best practices.
The Secretary may also provide a grant for initial program
administration, if key elements are included.
Subsection (i) requires Federal agencies with covered
building types to implement the program within 3 years of
enactment, as well as newly constructed buildings to be owned
by State and local governments that receive federal assistance.
Subsection (j) authorizes the Administrator to develop a
voluntary Energy Star program that recognizes high efficiency
retrofits of existing commercial and residential buildings.
Subsection (k) authorizes appropriations.
Section 282. National protocols for evaluation, measurement and
verification of energy savings
Section 282 directs the Secretary of Energy, not later than
2 years after the date of enactment of this Act, to prescribe
uniform rules to document the energy savings and avoided
greenhouse gas emissions of energy efficiency programs that
receive funding from government entities or public utilities,
are required to achieve specific levels of energy reductions,
or are eligible for allowances or allowance proceeds based on
energy savings and greenhouse gas emission reductions under
climate change regulations.
PART VII--RESIDENTIAL HIGH-PERFORMANCE ZERO-NET-ENERGY BUILDINGS
INITIATIVE
Section 291. Residential high-performance zero-net-energy buildings
initiative
Section 291(a) defines terms used in the section.
Subsection (b) directs the Secretary to establish the
``Residential High-Performance Zero-Net-Energy Buildings
Initiative.''
Subsection (c) directs the Secretary to appoint a Director
to carry out the Initiative.
Subsection (d) requires the Director to enter into one or
more agreements with the existing competitively selected
Building America Industry Consortia and one or more additional
Consortia to develop and carry out the Initiative for 5 years.
Subsection (e) sets forth the goals of the Initiative.
Subsection (f) describes the activities the Initiative may
undertake.
Subsection (g) requires cost sharing in accordance to
section 988 of the Energy Policy Act of 2005.
Subsection (h) authorizes appropriations for the
Initiative.
SUBTITLE D--ELECTRIC GRID
Section 295. National electric system efficiency and peak demand
reduction goal
Section 295 sets a national electric system efficiency goal
to optimize and make more efficient the planning and operation
of national and local electricity systems with particular focus
on reducing the frequency and severity of peak demand periods.
This goal would be achieved through the reduction of overall
electricity demand through: the adoption of energy-efficient
technologies or conservation practices, the use of demand
response technologies, and the use of smart grid technologies.
Within 180 days after the date of enactment, the Secretary, in
cooperation with the Federal Energy Regulatory Commission,
Regional Transmission Organizations, the National Association
of Regulatory Utility Commissioners, and heads of other
appropriate Federal agencies, shall develop an action plan to
achieve or exceed the national goal.
Section 296. Uniform national standards for interconnection of certain
small power production facilities.
Section 296 adds a new section 118 to the Public Utility
Regulatory Policies Act of 1978 to direct the Federal Energy
Regulatory Commission to establish a national interconnection
standard for small power production facilities of 15 kilowatts
or less. The new section 118(a) requires each electric utility
selling electricity to electric consumers to offer
interconnection service to their electric consumers consistent
with this standard. Section 118(b)(1) provides for Commission
enforcement of the national interconnection standard. Section
118(b)(2) allows the Commission to discontinue enforcing the
national standard in a State if the State regulatory authority
agrees to enforce a consistent State standard. Section 118(c)
requires the Commission to submit a report to Congress within 3
years on whether the standard should be amended to apply to
facilities that generate up to 50 kilowatts. Section 118(d)
directs the Commission to develop a model standard for
facilities up to 20 megawatts for the consideration of State
regulatory authorities.
TITLE III--IMPROVED ENERGY SECURITY
SUBTITLE A--CYBER SECURITY OF THE ELECTRIC TRANSMISSION GRID
Section 301. Critical electric infrastructure
Section 301 amends Part II of the Federal Power Act (16
U.S.C. 824 et seq.) by adding a new section 224 to give the
Secretary of Energy and the Federal Energy Regulatory
Commission additional authority to protect critical electrical
infrastructure.
Section 224(a) defines key terms in the new section.
Section 224(b)(1) directs the Commission to issue rules or
orders as necessary to protect critical electric infrastructure
from cyber security vulnerabilities. Paragraph (2) permits the
Commission to issue the rules or orders without prior notice or
hearing if it determines that the rule or order must be issued
immediately to protect against a cyber security vulnerability.
Paragraph (3) directs the Commission, to the extent
practicable, to consult with officials at other Federal
agencies, and with entities subject to the jurisdiction of the
Commission. Paragraph (4) provides that rules or orders issued
under subsection (b) shall expire on the effective date of a
standard developed and approved pursuant to section 215 of the
Federal Power Act to address the vulnerability.
Section 224(c) authorizes the Secretary of Energy to
require, if immediate action is necessary to protect against a
cyber security threat, that entities subject to the
jurisdiction of the Commission take actions to protect against
the threat. Paragraph (2) encourages the Secretary to consult
and coordinate with appropriate officials in Canada and Mexico.
Paragraph (3) requires the Secretary, to the extent
practicable, to consult with officials at other Federal
agencies, and with entities subject to the jurisdiction of the
Commission under this section prior to exercising the authority
under this subsection. Paragraph (4) requires the Commission to
establish a mechanism that permits recovery of prudently
incurred costs required to comply with orders of the Secretary
under this subsection.
Section 224(d) provides that orders or rules issued without
prior notice or hearing under section 224 shall remain in
effect for not more than 90 days unless the Commission gives
interested persons an opportunity to submit written data, views
or arguments and affirms, amends or repeals the rule or order.
Section 224(e) provides that any entity that owns,
controls, or operates critical electric infrastructure shall be
subject to the jurisdiction of the Commission for purposes of
carrying out section 224, or applying enforcement authorities
of the Federal Power Act with respect to section 224, but
subsection (e) does not subject an electric utility or other
entity to the jurisdiction of the Commission for any other
purpose. Except as provided in subsection (f), the States of
Alaska and Hawaii are exempted from provisions of section 224.
Section 224(f) provides for a plan to protect the electric
power supply of the national defense facilities in the States
of Alaska and Hawaii, and in the Territory of Guam.
Section 224(g)(1) provides that section 214 of the Critical
Infrastructure Information Act of 2002 (6 U.S.C. 133) shall
apply to information submitted to the Commission or the
Secretary either voluntarily or involuntarily under this
section to the same extent as that section applies to
information voluntarily submitted to the Department of Homeland
Security under that Act (6 U.S.C. 131 et seq.). Paragraph (2)
directs the Secretary and the Commission to issue regulations
prohibiting disclosure of information that would be detrimental
to the security of critical electric infrastructure. Paragraph
(3) directs the Secretary and the Commission to establish
procedures on the release of critical infrastructure
information to entities subject to this section, to the extent
necessary to enable the entities to implement rules or orders
of the Commission or Secretary. The procedures shall limit
dissemination of information, ensure security and
confidentiality of information, protect constitutional and
statutory rights, and provide data integrity through timely
removal and destruction of obsolete or erroneous names and
information.
SUBTITLE B--NUCLEAR ENERGY
Section 311. National Commission on Nuclear Waste
Section 311 establishes a National Commission on Nuclear
Waste to study alternative means of safely managing or
disposing of spent nuclear fuel and high-level radioactive
waste from both civilian nuclear activity and atomic energy
defense activity, and to recommend to Congress any legislative
or other action it believes may be necessary to manage or
dispose of spent nuclear fuel and high-level radioactive waste
successfully and safely.
Section 311 establishes the National Commission by adding a
new title VI to the Nuclear Waste Policy Act of 1982. Section
601 of the new title in the Nuclear Waste Policy Act
establishes the National Commission. Section 602 states the
purposes of the Commission. Section 603 provides for its
composition. Section 604 describes its functions. Section 605
provides administrative authorities. Section 606 requires the
Commission to submit a report to the President and Congress
within 2 years after the date of enactment. Section 607
provides funds for the Commission, and section 608 terminates
the Commission 60 days after it submits its final report.
Section 312. Sense of Congress regarding the strategic role of nuclear
energy
Section 312 makes certain findings with respect to the
importance of nuclear energy, the obligation of the Federal
Government to provide for the safe disposal of spent nuclear
fuel and high-level radioactive waste, and advanced spent fuel
recycling and advanced reactors. The section also expresses the
sense of Congress that the Federal Government should reaffirm
the policy of the United States to support the use and
expansion of nuclear energy and fulfill the Federal
Government's obligation with respect to spent nuclear fuel and
high-level radioactive waste.
Section 313. Advanced fuel recycling process development
Section 313 amends section 953 of the Energy Policy Act of
2005, which authorizes the Secretary of Energy to conduct an
advanced fuel recycling technology research, development, and
demonstration program. Paragraph (1) of section 313 corrects
the reference to the Nuclear Energy Advisory Committee in
section 953(b) of the Energy Policy Act of 2005 to reflect a
change in the committee's name, which was made after the Energy
Policy Act of 2005 was enacted.
Paragraph (2) adds three new subsections to section 953 of
the Energy Policy Act of 2005. A new subsection 953(e) directs
the Secretary of Energy to take certain steps to address gaps
in technology development and regulatory policy related to the
development and regulation of advanced spent nuclear fuel
recycle facilities. A new subsection 953(f) provides that the
Nuclear Regulatory Commission will have licensing and
regulatory authority over any facilities that use an advanced
fuel recycling process pursuant to the Atomic Energy Act, and
directs the Nuclear Regulatory Commission and the Environmental
Protection Agency to establish necessary radiation protection
standards. A new subsection 953(g) requires the Nuclear Energy
Advisory Committee and the Nuclear Waste Technical Review Board
to evaluate and report on the readiness of the advanced fuel
cycle program for detailed design, engineering, licensing, and
deployment.
SUBTITLE C--IMPROVING UNITED STATES STRATEGIC RESERVES
Section 321. Petroleum product reserve
Section 321(a) amends section 154(a) of the Energy Policy
and Conservation Act to require the Department of Energy to
include at least 30 million barrels of refined petroleum
products within the Strategic Petroleum Reserve (SPR).
Subsection (b) adds a new section 155 to the Energy Policy
and Conservation Act to require the Secretary to submit to the
President and to Congress, not later than 180 days after
enactment, a plan to implement the requirement in subsection
(a).
Subsection (c) amends section 161 of the Energy Policy and
Conservation Act to give the Secretary the authority to
drawdown and sell oil from the SPR, and defines ``severe energy
market supply disruption'' as the threshold for determining
when an SPR drawdown and sale is appropriate.
Section 322. Petroleum exchange authority
Section 322(a) amends 160(a) of the Energy Policy and
Conservation Act to allow DOE to receive money, rather than
oil, for exchanges that accrue oil in excess of the rated
capacity of the SPR.
Subsection (b) amends section 167(b) of the Energy Policy
Act to direct any monies accrued under subsection (a) to the
SPR Petroleum Account.
SUBTITLE D--FEDERAL OIL AND GAS DEVELOPMENT
PART I--OIL AND GAS LEASING
Section 331. Oil and gas permit processing improvement fund
Section 331 adds a new paragraph (4) to section 35(c) of
the Mineral Leasing Act to extend the current oil and gas
permit processing pilot offices by an additional five years by
authorizing $20,000,000 for each of fiscal years 2016 through
2020. The new paragraph (4) clarifies and makes explicit that
funds may be used for the oil and gas inspection and
enforcement program as well as for permit processing.
Section 332. Facilitation of coproduction of geothermal energy on oil
and gas leases
Section 332 adds a new paragraph (4) to section 4(b) of the
Geothermal Steam Act of 1970 to provide that a lease for the
development of geothermal energy may be available on a
noncompetitive basis to the holder of an oil and gas lease for
lands subject to an approved permit to drill oil and gas where
production is occurring under the existing federal oil and gas
lease: (1) if the Secretary determines that geothermal energy
will be produced from a well producing or capable of producing
oil and gas and the public interest will be served thereby; and
(2) in order to provide for the coproduction of geothermal
energy with oil and gas.
PART II--OUTER CONTINENTAL SHELF
Section 341. Implementation of inventory of Outer Continental Shelf
resources
Section 341(a) amends section 357 of the Energy Policy Act
of 2005, which requires an inventory of Outer Continental Shelf
(OCS) oil and gas resources, to require a seismic inventory of
oil and natural gas and a summary of other marine resources
(including present and potential uses of those resources for
alternative energy production, navigation, fisheries,
aquaculture, recreation, habitat, conservation, and military
purposes), with the latter prepared with the assistance of and
based on information provided by the heads of appropriate
Federal agencies.
Subsection (a)(1)(A) amends section 357(a) to require the
inventory and summary be undertaken for waters of the OCS in
the Atlantic Region, the Eastern Gulf of Mexico, and the Alaska
Region. Subparagraph (B) amends section 357(a)(2) to clarify
that 2-D as well as 3-D seismic may be used.
Subsection (a)(2) amends section 357(b) to require the
Secretary to carry out the inventory in three phases, with
priority given to all or part of the planning areas of the OCS
as stated, and adds a new subsection (c). The new section
357(c)(1) requires that not later than 90 days after the date
of enactment the Secretary must submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report that
provides a plan for executing the seismic inventories required
under this section and an estimate of costs to complete the
seismic inventory by region and environmental and permitting
activities to facilitate expeditious completion. Paragraphs (2)
and (3) of the new section 357(c) require that the first phase
of the inventory be within completed two years after the date
of enactment, with the second and third phases to be completed
two and four years thereafter, respectively. Section 357(c)(4)
requires the inventory to be made publicly available and
updated at least every five years.
Subsection (b) states that undertaking the inventory shall
not be considered to require, authorize, or provide a basis or
justification for delay of the issuance of any OCS leasing
program or amended program or any lease sale.
Subsection (c) states that nothing in the section or the
amendment made by the section precludes the issuance by the
Secretary of the Interior of a permit to conduct geological or
geophysical exploration of the OCS in accordance with
applicable law.
Subsection (d) amends section 999H(d) of the Energy Policy
Act of 2005 to provide that amounts made available from the
Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Research Fund shall be used to carry out section 357
of the Energy Policy Act of 2005, with a priority given to
completion of programmatic environmental impact statements
necessary to carry out the seismic inventory and the use of
seismic technology to obtain accurate resource estimates.
Subsection (e) authorizes additional appropriations to
carry out section 341.
Section 342. Alaska OCS permit processing coordination office
Section 342(a) requires the Secretary of the Interior to
establish a regional joint OCS lease and permit processing
office for the Alaska OCS region.
Subsection (b)(1) requires the Secretary of the Interior to
enter into a memorandum of understanding (MOU) with the
Secretary of Commerce, the Chief of Engineers, the
Administrator of the Environmental Protection Agency, and other
federal agencies that may have a role in permitting activities.
Subsection (b)(2) requires the Secretary of the Interior to
request that the Governor of Alaska sign the MOU.
Subsection (c) requires that not later than 30 days after
the signing of the MOU, each federal agency is to assign, if
appropriate, an employee to the coordination office to be
responsible for all issues relating to the jurisdiction of the
employee's home office or agency and to participate as part of
a team of personnel working on proposed oil and gas permitting.
Subsection (d) allows the Secretary to transfer funds to
the participating federal agencies and the State of Alaska for
purposes of permit coordination and processing.
Subsection (e) sets forth a savings provision.
Subsection (f) authorizes appropriations of $2,000,000 per
year for each of fiscal years 2009 through 2019 to carry out
the section.
Section 343. Moratorium of oil and gas leasing in certain areas of the
Gulf of Mexico
Section 343(a) amends section 104 of the Gulf of Mexico
Energy Security Act of 2006 by providing that effective during
the period beginning on the date of enactment of the Act and
ending on June 30, 2022, the Secretary shall not offer for
leasing, preleasing, or any related activity any area in the
Eastern Planning Area that is within 45 statute miles of the
coastline of the State of Florida, except that the Secretary
may offer for leasing any area in the Destin Dome or the
Pensacola Area as described in the subsection.
Subsection (b) amends section 12(d) of the Outer
Continental Shelf Lands Act to require the Secretary of Defense
to review annually areas of the OCS that have been designated
as restricted from exploration and operations to determine
whether the areas should remain under restriction, and make
recommendations to the President based on the review.
Subsection (c) requires that not later than 180 days after
the date on which any necessary environmental analyses are
completed under the National Environmental Policy Act of 1969,
the Secretary of the Interior shall offer for leasing under the
Outer Continental Shelf Lands Act in accordance with the
completed environmental analyses any areas made available for
leasing as a result of this subtitle. Notwithstanding the
omission of the areas made available from the applicable 5-year
plan, the areas shall be offered for leasing under this section
in accordance with the completed environmental analyses.
Subsection (d) makes a conforming amendment.
Section 344. Repeal of Outer Continental Shelf deep water and deep gas
royalty relief
Section 344(a) repeals sections 344 and 345 of the Energy
Policy Act of 2005, relating to royalty relief for production
from certain ultra deep gas wells and certain deep water oil
and gas production in the Gulf of Mexico.
Subsection (b) provides that the Secretary of the Interior
is not required to provide for royalty relief in the lease sale
terms beginning with the first lease sale held on or after the
date of enactment of this Act for which a final notice of sale
has not been published.
PART III--MISCELLANEOUS
Section 351. Minerals Management Service
Section 351 requires that any Director of the Minerals
Management Service be appointed by the President, by and with
the advice and consent of the Senate.
Section 352. Preservation of geological and geophysical data
Section 352 amends section 351(k) of the Energy Policy Act
of 2005 to extend the authorization for the National Geological
and Geophysical Data Preservation Program through fiscal year
2020.
Section 353. Alaska natural gas pipeline
Section 353 amends section 116 of the Alaska Natural Gas
Pipeline Act to allow a certificate holder to request the
Secretary to extend the period to issue Federal guarantee
instruments for up to 180 days following resolution of any
proceeding relating to the certificate. The section increases
the amount of the federal guarantee from $18,000,000,000 to
$30,000,000,000. The section provides that an issued loan
guarantee applies to not less than 80 percent of the project
costs unless by previous consent of the borrower. The section
relieves the Secretary of Energy of the statutory obligation to
determine eligibility of lenders who issue the guaranteed loan,
to make it consistent with Title 17 loan guarantees, which have
no such requirement.
Section 354. Denali National Park and Preserve natural gas pipeline
Section 354(a) defines terms used in the section.
Subsection (b) authorizes the Secretary of the Interior to
issue rights-of-way permits for a high-pressure natural gas
transmission pipeline in non-wilderness areas within the
boundary of Denali National Park within, along, or near the
approximately 7-mile segment of the George Parks Highway that
runs through the Park and for any distribution and transmission
pipeline including appurtenances that the Secretary determines
to be necessary to provide natural gas supply to the Park.
Subsection (c) sets forth terms and conditions of the
permit, including requirements that it must comply with
applicable regulations, the Alaska National Interest Lands
Conservation Act and National Environmental Policy Act.
Section 355. Exemption of Trans-Alaska Oil Pipeline System from certain
requirements
Section 355 adds a new section 208 to the Trans-Alaska
Pipeline Authorization Act to provide that no part of the
trans-Alaska oil pipeline shall be considered to be a district,
site, building, structure, or object for purposes of section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
regardless of whether all or part of the pipeline system may be
listed on, or eligible for, the National Register of Historic
Places. The new section 208(b) authorizes the Secretary of the
Interior to identify up to 3 sections of the pipeline that
shall be considered historic sites. In doing so, the Secretary
shall consider the views of the pipeline owners, the State
Historic Preservation Officer, the Advisory Council on Historic
Preservation and the Federal Coordinator for Alaska Natural Gas
Transportation Projects. The new section 208(c) provides that
the owners of the trans-Alaska oil pipeline system may carry
out construction, maintenance, restoration, or rehabilitation
activities on or for a section of the system considered to be a
historic site pursuant to this section.
Section 356. Procurement and acquisition of alternative fuels
Section 356 amends section 526 of the Energy Independence
and Security Act of 2007 to provide for three exceptions to the
procurement guidelines for federal agencies laid out in that
section. The exceptions are: (1) the contract does not require
fuels from a nonconventional petroleum source, (2) the purpose
of the contract is not to obtain fuel from a nonconventional
petroleum source, and (3) the contract does not provide
incentive for a refinery expansion or upgrade to increase the
use of nonconventional petroleum sources.
Section 357. Geologic materials archiving grant program
Section 357(a) sets forth findings regarding the importance
of storing and maintaining geologic materials.
Subsection (b) establishes a grant program, administered by
the Secretary of the Interior, to support States, State
Geologic Surveys, or Regional Consortiums in building,
maintaining, and operating facilities to store geologic
materials. Entities must submit an application to the Secretary
and agree to maintain any facility for at least 20 years. The
maximum grant amount is $15,000,000.
Subsection (c) authorizes appropriations of $100,000,000 to
carry out the section.
SUBTITLE E--PUBLIC LAND RENEWABLE ENERGY DEPLOYMENT
Section 361. Renewable energy Federal permit coordination
Section 361 adds a new subsection (k) to section 365 of the
Energy Policy Act of 2005 to require the Secretary of the
Interior to designate one field office in each of the States of
Alaska, Arizona, California, Colorado, Idaho, Oregon, New
Mexico, Nevada, Montana, Utah, Washington, and Wyoming, to
serve as a renewable energy project office for coordination of
federal permits for authorizations for renewable energy,
defined as energy derived from a wind, solar, or geothermal
source, on federal lands.
New section 357(k)(3) provides that within 90 days after
the date of enactment the Secretary is to enter into an amended
memorandum of understanding to provide for the inclusion of the
additional Renewable Energy Pilot Project Offices in the Pilot
Project. Paragraphs (4) and (5) of the new subsection (k)
provide for the assignment of employees of signatory federal
agencies and participating states to the coordination offices.
Subsection (k)(6) authorizes the Secretary of the Interior to
transfer funds to participating federal agencies and states in
order to coordinate and process renewable energy authorizations
on federal land. Subsection (k)(7)(A) provides that the federal
share of any royalties, fees, rentals, bonus bids, or other
payments from wind or solar development on federal lands shall
be deposited in a special fund in the Treasury to be known as
the ``BLM Wind and Solar Energy Permit Processing Fund''.
Subsection (k)(7)(B) authorizes appropriations from the Fund
(or the General Treasury to the extent amounts are not
available in the Fund), of $10 million per year for each of
fiscal years 2009 through 2019 for purposes of carrying out the
section.
Section 362. Extension of funding for implementation of Geothermal
Steam Act of 1970
Section 362 amends section 234 of the Energy Policy Act of
2005 to provide that through fiscal year 2020, amounts received
by the United States as geothermal rentals, royalties and other
payments (excluding amounts required to be paid to state and
county governments) shall be deposited into a separate account
in the Treasury. Under current law, through fiscal year 2010,
these amounts are available without further appropriation. As
amended by section 362, starting in fiscal year 2011, these
amounts shall be available to the Secretary of the Interior,
subject to appropriation, to implement the Geothermal Steam Act
and the Energy Policy Act of 2005.
Section 363. Programmatic environmental impact statements and land use
planning
Section 363(a) requires the Secretary of the Interior to
complete a programmatic environmental impact statement (PEIS)
in accordance with the National Environmental Policy Act of
1969 within 1 year of the date of enactment of the Act to
analyze the impacts of a program to develop solar energy on
land administered by the Bureau of Land Management and any
necessary land use plan amendments. Subsection (b) requires the
Secretary of Agriculture to complete a PEIS within 18 months
after the date of enactment of this Act analyzing the impacts
of a program to develop solar and wind energy on National
Forest System land administered by the Secretary and any
necessary land use plan amendments. Subsections (a) and (b)
require the Secretaries to amend any land use plans as
appropriate to provide for the development of renewable energy
in areas considered appropriate by the respective Secretaries.
Subsection (c) provides that the requirement for completion of
PEISs under this section shall not result in any delay in
processing applications for wind or solar energy development.
Section 364. Report
Section 364(a)(1) requires, not later than 180 days after
the date of enactment, the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to enter into
an arrangement with the National Academy of Sciences to conduct
a study on the siting, development, and management of projects
for the development of wind and solar projects on land
administered by the Bureau of Land Management and the Forest
Service. Paragraph (2) requires the study to address and make
recommendations regarding the effectiveness of laws in
facilitating the development of wind and solar energy, ensuring
that the public receives fair market value, discouraging
speculation, requiring best management practices, the
advantages and disadvantages of using rights-of-way and a
competitive or noncompetitive leasing program for wind or solar
development, and other matters as specified.
Subsection (b) requires that the study analyze the matters
and make recommendations as specified.
Subsection (c) requires the National Academy of Sciences to
submit its study to the Secretaries of the Interior and
Agriculture not later than 18 months after enactment and to
make the study available to the public.
Subsection (d) requires the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to submit to
Congress a report, containing the items specified, on the
findings and recommendations of the study not later than 180
days after receiving the report.
Section 365. Renewable energy development on brownfield sites
Section 365(a) defines terms used in the section.
Subsection (b) requires the Secretary of Energy, in
conjunction with the Administrator of the Environmental
Protection Agency, and in partnership with the National
Renewable Energy Laboratory, to identify opportunities to
prioritize renewable energy development on brownfield sites and
provide resources and technical assistance as specified.
Subsection (c) requires the Secretary and the
Administrator, not later than 1 year after the date of
enactment, to submit to Congress a report including the matters
specified.
Subsection (d) requires the Secretary in conjunction with
the Administrator to conduct regional stakeholder forums.
Subsection (e) states that the section does not affect
existing federal efforts to promote the reuse and redevelopment
of brownfield sites.
Subsection (f) authorizes appropriations.
Section 366. Development of solar and wind energy on public land
Section 366(a) defines terms used in the section.
Subsection (b) requires the Secretary of the Interior not
later than 180 days after the date of enactment to establish a
wind and solar leasing pilot program, under which the Secretary
is to select 4 sites as specified to offer for competitive
leasing to qualified bidders with lease terms and conditions
considered appropriate by the Secretary. Paragraph (4) requires
the Secretary to comply with all applicable environmental and
other laws. Paragraph (5) requires the Secretary to compile a
report of the results of each lease sale. Paragraph (6)
provides that, during the pendency of the pilot program, the
Secretary is to continue to issue rights-of-way for other
available sites in accordance with authority in effect on the
date of enactment.
Subsection (c) requires that not later than 30 months after
the date of enactment, the Secretary is to make a determination
as to whether to establish a leasing program under this section
for wind or solar energy using the criteria specified. In
making the determination, the Secretary is to consult with
heads of Federal agencies, states and tribes, representatives
of the solar and wind industries, representatives of the
environmental and conservation community, and the public. The
Secretary is to consider the results of the report required by
section 364 and the results of the pilot program. The Secretary
is to issue regulations not later than 180 days after a
decision to establish a leasing program. If the Secretary
determines that a leasing program should not be established,
the Secretary shall submit a report to Congress not later than
60 days after the determination describing the reasons for the
determination.
Subsection (d) provides for the transition to a leasing
program in the event the Secretary determines that a leasing
program should be established.
Subsection (e) requires that any leasing program conform to
the requirements of subsections (f) through (l).
Subsection (f) sets forth the general rule that leases for
wind or solar energy development shall be issued on a
competitive basis with a single round of bidding. The
subsection also sets forth exceptions to the requirement for
competitive leasing.
Subsection (g) addresses payments to be made under the
leasing program.
Subsection (h) sets forth the requirements for eligibility
to hold a lease.
Subsection (i) sets forth additional requirements for
activity under a leasing program.
Subsection (j) provides that the Secretary is to establish
requirements regarding certain lease terms and conditions.
Subsection (k) provides that the Secretary shall require
security and provide for reclamation and restoration of the
area covered by a lease and require compliance with other
requirements considered necessary by the Secretary.
Subsection (l) provides that the Secretary shall provide
for the payment of 5 percent of the revenues received by the
Federal Government as a result of leasing or the issuance of
rights-of-way for wind or solar development to the State within
which the boundaries of the leased land or right-of-way are
located.
SUBTITLE F--CARBON CAPTURE
Section 371. Large-scale carbon storage program
Section 371 adds a new section 963A to the Energy Policy
Act of 2005 to provide for financial and technical assistance
for up to 10 large-scale carbon dioxide geologic storage
demonstration projects.
The new section 963A(a) defines key terms used in the
section.
Section 963A(b) directs the Secretary of Energy to carry
out a program, in addition to the program already authorized
under section 963 of the Energy Policy Act of 2005, to
demonstrate the commercial application of long-term geologic
storage of carbon dioxide from industrial sources.
Section 963A(c) authorizes the Secretary to enter into
cooperative agreements for up to 10 demonstration projects.
Sections 963A(d) and (e) specify selection criteria, terms,
and conditions for demonstration projects receiving assistance
under section 963A, to ensure that certain requirements have
been met and that the project will be conducted in a manner
that minimizes the potential liability exposure of the Federal
government under any indemnity provided pursuant to section
963A(g).
Section 963A(f) lays out the requirement for closure of
demonstration project sites. Only after these requirements are
met can title for the site, and responsibility for its long-
term stewardship, transfer to the Federal government. The
criteria are science based, and must be met for a period of 10
years, beginning after the carbon dioxide plume has come into
equilibrium with the geological formation (as measured by
pressure changes within the formation, for example). Thus, for
example, if it takes 25 years for such equilibration to take
place, then the earliest the land could move into post-closure
would be 35 years after injection activities cease.
Section 963A(g) authorizes the Secretary of Energy to
indemnify large-scale demonstration projects from liability for
personal, property, and environmental damages in excess of
their insurance coverage or other financial protection that
they may be required to maintain. Liability resulting from the
project operator's intentional misconduct or gross negligence
is expressly excluded. The Secretary is required to charge a
fee for providing indemnification, in an amount that reflects
the net present value of the payments that the Government may
have to make, taking into account the likelihood of an incident
requiring the Government to make indemnification payments. In
addition, subsection (g) permits the Secretary to enter into
indemnification agreements in advance of appropriations and
authorizes the Attorney General to defend or settle claims
against project operators if it is determined that the
Government may have to make payments under the indemnity
agreement. The Secretary is required to make a determination on
project selection within one year of receiving each
application. There is a limitation on the amount of
indemnification for each demonstration project of
$10,000,000,000 (adjusted every five years for inflation).
Section 963A(h) allows projects under this section to be
sited on Federal land, subject to relevant conditions by the
Secretary of Agriculture or the Secretary of the Interior (with
respect to lands under their jurisdiction).
Section 963A(i) allows the Secretary of Energy to take
title (or administrative transfer) of lands containing closed
geological storage sites from the projects under this section,
for long-term stewardship. It also includes mandatory spending
to cover the costs associated with maintaining these sites for
purposes of public health and safety protection, in perpetuity.
Section 371(b) makes technical and conforming changes to
section 963 of the Energy Policy Act of 2005 and sections 703
and 704 of the Energy Independence and Security Act of 2007.
Section 372. Training program for state agencies
Section 372 authorizes a grant program to provide State
agencies involved in carbon storage projects to help train
personnel in the regulatory and site managerial aspects of
carbon storage.
SUBTITLE G--ISLAND ENERGY
Section 381. Affiliated island energy independence team
Section 381 directs the Secretary of Energy, in
consultation with the Secretary of the Interior and the
Secretary of State, to establish a team of technical, policy
and financial experts to address the energy needs of the eight
U.S.-affiliated island jurisdictions.
Subsection (c)(1)(A) directs the team to assist in the
development and implementation of an Energy Action Plan for
each island jurisdiction to reduce the reliance on imported
fossil fuels through increased efficiency and the use of
indigenous clean-energy resources. Subsection (c)(1)(B)
requires that each Action Plan, among other things, provide
for: studies to assess efficiency and clean-energy
opportunities; the identification of the most cost-effective
strategies and projects; education and training to improve
local capacity to plan for, maintain, and operate the energy
infrastructure; leveraging the expertise and resources of
international entities, DOE, DOI, and regional utilities; and
the identification, and development of research-based and
private-public, partnerships to implement the Action Plan.
Subsection (c)(2) requires the team to report annually to
the Secretary. Subsection (d) requires the Secretary to
consider including regional utility organizations in the team
and providing assistance through regional utility
organizations. Subsection (e) requires the Secretary to report
annually to Congress. Subsection (e) authorizes appropriations
to carry out the section.
TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENT
SUBTITLE A--FUNDING
Section 401. Authorization
Section 401 reauthorizes the research and development
programs carried out by the Department of Energy under title IX
of the Energy Policy Act of 2005 through fiscal year 2013. The
current authorizations in title IX expire in fiscal year 2009.
Subsection (a) authorizes appropriations for research,
development, demonstration, and commercial application programs
carried out by the Department of Energy's Office of Energy
Efficiency and Renewable Energy (EERE) and by the Office of
Electricity and Energy Reliability (OE). Although efficiency,
renewable, and electricity programs were authorized separately
in title IX of the Energy Policy Act of 2005, subsection (a)
combines them in a single authorization.
Subsection (b) authorizes appropriations for research,
development, demonstration, and commercial application programs
carried out by the Office of Nuclear Energy (NE).
Subsection (c) authorizes appropriations for research,
development, demonstration, and commercial application programs
carried out by the Office of Fossil Energy (FE).
Subsection (d) authorizes appropriations for research,
development, demonstration, and commercial application programs
carried out by the Office of Science (OS). The Office of
Science continues a trajectory set out under the America
COMPETES Act (Public Law 110-69) of doubling the authorization
over seven years. The authorization assumes the normal
appropriation cycle and does not take into account the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5).
SUBTITLE B--GRAND CHALLENGES RESEARCH INITIATIVE
Section 411. Establishment
Section 411 directs the Secretary to establish a ``Grand
Challenges Research Initiative'' to integrate basic and applied
energy research and development to overcome critical challenges
in Energy through multi-disciplinary consortia which no one
single investigator could accomplish. Such grand challenges are
defined in annual reports by the Office of Science and energy-
related grand challenges by the National Academy of Sciences.
SUBTITLE C--IMPROVEMENTS TO EXISTING ENERGY RESEARCH AND DEVELOPMENT
PROGRAMS
Section 421. Amendments to Advanced Research Agency--Energy (ARPA-E)
Section 421 amends section 5012 of the America COMPETES Act
(42 U.S.C. 16538) to give contracting authority to ARPA-E
separate from the Department and makes technical corrections to
reporting requirements, and authorizes ARPA-E through fiscal
year 2020.
Section 422. Domestic vehicle battery manufacturing research
Section 422 amends the United States Energy Storage and
Competitiveness Act of 2007 (42 U.S.C. 17231) to authorize a
research program on battery manufacturing.
Section 423. Lightweight materials research and development
Section 423 amends section 651 of the Energy Independence
and Security Act (42 U.S.C. 17241) to accelerate the
development of composite and ceramic and other lightweight
materials to make automobiles energy efficient by increasing
the authorization from $80,000,000 to $100,000,000 annually.
Section 424. Amendments to the Methane Hydrate Research and Development
Act of 2000
Section 424 amends section 2 of the Methane Hydrate
Research and Development Act of 2000 (30 U.S.C. 2001) to expand
the existing program to include research in the areas of
environmental impacts of methane hydrate degassing and
exploration and authorizes further production tests in the
field. The program is reauthorized through 2015.
Section 425. Programs to exploit low BTU gas and conserve helium
resources
Section 425 creates a new program to focus on developing
new separation technologies for the extraction of helium from
stranded low BTU gas to further the goal of increased
production of low BTU gas throughout the United States. The
section also establishes a new industrial helium program within
the Department of Energy to focus on recycling and reuse of
helium for industrial applications.
Section 426. Office of Arctic Energy
Section 426(a) adds a new section 218 to the Department of
Energy Organization Act to reestablish the Office of Arctic
Energy and expand its role to include research in the areas of
alternative energy research, including wind, geothermal, fuel
cells, biomass, ocean hydrokinetic energy, and solar energy.
Subsection (b) repeals the current authorization of the Office
in section 3197 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001.
Section 427. Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Resources Program
Section 427 amends subtitle J of title IX of the Energy
Policy Act of 2005 relating to the Unconventional Domestic
Natural Gas and Other Petroleum Resources Program. Subsection
(a) amends section 999A(a) of the Energy Policy Act to give the
program an official name.
Subsection (b) adds a new subsection 999A(e) to clarify the
purposes of the program. Subsection (c) amends section 999B(e)
to require the Secretary to submit the annual plan required by
that section be submitted by February 1 of each year.
Subsection (d) adds a new paragraph to section 999B(f) to
authorize the program consortium to make awards in the form of
grants, contracts, cooperative agreements, or other
transactions. Subsection (e) amends section 999F to terminate
the program on September 30, 2017, rather than 2014. Subsection
(f) amends the definition of program administration funds in
section 999G(3) to limit administrative spending not more than
$4 million. Subsection (g) amends section 999H(e) to increase
the authorization of appropriations from $100 million to $350
million.
SUBTITLE D--ENERGY WORKFORCE DEVELOPMENT
Section 431. Best practices for energy career academies
Section 431 amends section 3161 of the Department of Energy
Science and Education Enhancement Act (42 U.S.C. 7381a) to
establish energy career academies in public secondary schools
within the energy related fields defined as ``Skilled Technical
Personnel'' as found in section 1101 of the Energy Policy Act
of 2005 (42 U.S.C. 16411), either through entry level positions
or apprenticeships.
Section 432. Energy career academies
Section 432 establishes a grant program to State
departments of education for energy career academies at public
secondary schools using primarily non-federal funding sources.
Specific grant criteria include how the State department of
education will partner with the DOE, industry, community
colleges and other entities with workforce experience. The
grants must be widely distributed on a geographic basis.
Section 433. Energy utilities trades program
Section 433 adds a new section 5006 to the Protecting
America's Competitive Edge Through Energy Act (42 U.S.C. 16531)
to establish an electric utility trades grant program to expand
and enhance the educational capabilities of community colleges
to prepare students for careers in trades relevant to the
electric utility industry. Criteria include the ability for
hands-on learning opportunities in the electric utility sector,
partnering with high schools and industry and sustainability
absent federal funding.
Section 434. Student awareness of energy career opportunities
Section 434 amends section 1101 the Energy Policy Act of
2005 (42 U.S.C. 16411) to enhance the ability of guidance
counselors at secondary schools and career development offices
at community colleges and institutions of higher education for
outreach on energy related workforce trends and opportunities.
As amended, section 1101 directs the Secretary of Energy, in
consultation with the Secretary of Labor, to provide
information on careers in energy technology industries through
the so-called Federal Trio programs under the Higher Education
Act, the Gaining Early Awareness and Readiness for
Undergraduate Program under the Higher Education Amendments Act
of 1998, or similar programs.
Section 435. Coordination of workforce training
Section 435 directs the Director of the Office of Science
and Technology Policy to submit to Congress a coordinated plan
outlining the various energy related training programs across
the federal government with a 5-year integrated funding
profile.
Section 436. Direct hire authority
Section 436(a) authorizes the Secretary of Energy to hire
highly qualified scientists, engineers, or critical technical
personnel into the competitive service without regard to
certain hiring provisions of the civil service laws in the
event of a severe shortage of candidates or a critical hiring
need for particular positions.
Subsection (b) provides that the so-called ``direct hire''
authority under subsection (a) will not apply to positions in
the excepted service or the Senior Executive Service.
Subsection (c) requires the Secretary to comply with the
merit principles of section 2301 of title 5, United States
Code, and the public notice requirements of section 3327 of
title 5, United States Code, in exercising direct hire
authority under subsection (a).
Subsection (d) terminates the Secretary's direct hire
authority two years after the date of enactment of the Act.
Section 437. Critical pay authority
Section 437(a) authorizes the Secretary of Energy to
appoint individuals to certain critical positions needed to
carry out the functions of the Department of Energy and to fix
their rate of pay without regard to critical pay provision in
section 5377 of title 5, United States Code, or the pay
provisions of chapters 51 and 53 of title 5, United States
Code.
Subsection (b) limits the critical pay authority afforded
by subsection (a) to not more than 40 critical positions at one
time, limits the term of an appointment to not more than four
years, limits the highest annual compensation payable under the
section to the amount of the annual salary of the Vice
President of the United States.
Subsection (c) requires the Secretary to provide Congress a
list of each person appointed under the section each year.
Section 438. Rehire authority
Section 438(a) authorizes the Secretary of Energy to rehire
retired employees of the Department of Energy to carry out a
critical function of the Department for which other suitably
qualified candidates without impacting their retirement
annuity, notwithstanding regulations of the Office of Personnel
Management relating to the reemployment of civilian retirees.
Subsection (b) provides certain limitations on the use of
the authority afforded by subsection (a).
Subsection (c) limits the term of employment of any person
rehired under subsection (a) to not more than two years, with
an additional two-year extension under exceptional
circumstances.
Section 439. Sustainable energy training program
Section 439 authorizes a program of workforce training and
education in energy related technologies at community colleges
as defined by section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
SUBTITLE E--STRENGTHENING EDUCATION AND TRAINING IN THE SUBSURFACE
GEOSCIENCES AND ENGINEERING FOR ENERGY DEVELOPMENT
Section 451. Definitions.
Section 451 defines terms used in the subtitle.
Section 452. Policy
Section 452 establishes a policy to maintain and expand the
human capital needed to preserve and foster the security of
economically viable clean energy, ground water, and mineral
resources through financial assistance for science and
technology programs.
Section 453. Research personnel and programs
Section 453 directs the Secretary of the Interior to
provide research funds to institutions of higher education to
assist education and research with the objective of increasing
undergraduate and graduate enrollments in the subsurface
geosciences, engineering and supporting disciplines. The
emphasis of this program will be on applied research, supported
by basic research necessary to achieve scientific and
engineering breakthroughs.
Section 454. Scholarships and fellowships
Section 454 makes available funding to institutions of
higher education for merit-based undergraduate and graduate
scholarships and fellowships in subsurface geosciences and
engineering programs. Acceptance of these awards requires a
commitment by the recipient to continue in the program and
maintain good academic standing.
Section 455. Career technical and community college education
Section 455 provides support for community college
subsurface geoscience and engineering programs. At present 9
percent of Masters students and 4 percent of Doctoral students
in the geosciences also possess an Associates degree conferred
by a community college.
Section 456. Use of funds by institutions
Section 456(a) requires appropriate cost-sharing for
applied research, but not for basic or fundamental research.
Subsection (b) prohibits the use of program funds to purchase
or lease real property, or for the purchase, lease,
construction, preservation, or repair of any building.
Subsection (c) permits the use of program funds to maintain or
upgrade laboratories and equipment related to the funded
research, with the approval of the Secretary, and for the
maintenance and upgrading of certain mines, oil and gas
drilling rigs, and other equipment used for training.
Section 457. Advisory committee
Section 457 directs the Secretary of the Interior to
establish an Advisory Committee on Geosciences and
Geoengineering Education to be chaired by the Deputy Secretary
of the Interior.
Section 458. Office; Regulations
Section 458 directs the Secretary of the Interior to
establish a separate office within the Department of the
Interior to administer the program within one year after the
date of enactment of the Act to administer the program.
Section 459. Authorization of appropriations
Section 459 authorizes $200,000,000 to be appropriated to
carry out the subtitle in each of fiscal years 2010 through
2020.
Section 460. Study of availability of skilled workers
Section 460 amends section 1830 of the Energy Policy Act of
2005 for a study on the short and long-term availability of
skilled energy workers.
SUBTITLE F--MISCELLANEOUS
Section 471. Other transactions authority
Section 471 amends 646(g) of the Department of Energy
Organization Act (42 U.S.C. 7256(g)) to permit the Secretary to
enter into other transactions with innovative non-traditional
contractors or entities who would not normally work with the
government. Such transactions shall be competitive and merit
based. The Secretary is authorized to protect information from
these transactions for a period of up to 5 years. Standard
Departmental cost sharing applies with the requirement that
awards shall be delegated by the Secretary to officers of the
Department who are appointed by the President with the advice
and consent of the Senate.
Section 472. Technical correction
Section 471 updates section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801(3)) to change the name of the Stanford
Linear Accelerator Center to the ``SLAC National Accelerator
Laboratory''.
Section 473. Protection of results
Section 473 authorizes the Secretary of Energy to protect
proprietary data that results from any transaction entered into
by the Secretary under title IV (or any amendment made by title
IV).
Section 474. Marine and hydrokinetic renewable energy research and
development
Section 474 adds systems engineering, technology transfer,
and standards development to section 633 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 7212), which
addresses research and development for marine and hydrokinetic
renewable energy systems; authorizes a program to test and
evaluate to verify performance, reliability, maintainability,
and cost of emerging technologies and designs in marine and
hydrokinetic systems; and authorizes a program to collect
environmental effects data during demonstration and deployment
of marine and hydrokinetic renewable energy systems; which will
be necessary as the technology advances and is deployed in
larger numbers.
TITLE V--ENERGY MARKETS
Section 501. Enhanced information on critical energy supplies
Section 501 amends section 205 of the Department of Energy
Organization Act to add three new requirements for the Energy
Information Administration to: (1) collect data on the physical
oil assets owned by the 50 largest traders of oil, as
determined by the Commodity Futures Trading Commission; (2)
collect data quantifying the commercial storage capacity for
oil and natural gas in the United States; and (3) create a new
Financial Market Analysis Office, which is responsible for
analysis of the financial aspects of energy markets.
Section 502. Working Group on Energy Markets
Section 502(a) establishes a working group on energy
markets.
Subsection (b) provides that the working group is to
consist of the Secretaries of Energy and the Treasury, the
Chairmen of the Federal Energy Regulatory Commission, the
Federal Trade Commission, the Securities and Exchange
Commission, and the Commodity Futures Trading Commission, and
the Administrator of Energy Information Administration.
Subsection (c) provides that the Secretary of Energy will
chair the working group.
Subsection (d) provides that the members of the working
group serve without additional compensation for their work on
the working group.
Subsection (e) sets forth the purpose and functions of the
working group.
Subsections (f), (g), and (h) contain administrative
provisions.
Section 503. Study of regulatory framework for energy markets
Section 503 requires the working group established in
section 502 study and report to Congress on the formation of
oil prices, the regulatory structure for oil markets, and the
degree to which regulatory changes have contributed to price
formation.
Section 504. Metadata formats for energy prices
Section 504(a) states the purpose of the section.
Subsection (b) expands the Department of Energy's Tariff
Analysis Project. Subsection (c) directs the Secretary of
Energy and the Federal Energy Regulatory Commission to: (1)
develop a metadata format for electric utility tariffs; (2)
assist the States in implementing meta-data formats; (3)
develop an online database and associated procedures and
supporting software for compiling and publishing in electronic
format tariff data and associated metadata formats.
Section 505. Emergency orders under the Federal Power Act
Section 505 amends section 202 of the Federal Power Act to
give the Federal Energy Regulatory Commission authority to
order the temporary suspension or modification of any rate,
term, or condition of service on file with the Commission in an
emergency if necessary to ensure reliable service or protect
electric consumers from potential abuse of market power or
market manipulation in wholesale electric markets regulated by
the Commission. It defines an ``emergency'' to mean a
substantial disruption of service, or threat thereof, or a
sudden and excessive price fluctuation in wholesale electric
markets regulated by the Commission; limits emergency orders to
an initial period of not more than 10 days, which can be
extended for additional periods of not more than 10 days, up to
a total period of not more than 30 days; provides for judicial
review of emergency orders in the United States Courts of
Appeals pursuant to section 313(b) of the Federal Power Act;
and permits the President to order the Commission to terminate
an emergency order. Section 505 is modeled after section 12(k)
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)).
Section 506. Cease-and-desist authority under the Federal Power Act
Section 506 amends section 222 of the Federal Power Act to
give the Federal Energy Regulatory Commission authority to
issue cease and desist orders. Under section 222(c) of the
Federal Power Act, as added by section 506, the Commission is
authorized to order an entity to cease and desist from a
violation of the Commission's market manipulation rules under
section 222(a) of the Federal Power Act, after notice and an
opportunity for a hearing, and upon a proper showing that the
entity has violated a market manipulation rule and that there
is a likelihood of future violations in the absence of an
order. In addition, section 222(d) permits the Commission to
issue temporary cease and desist orders and order an entity to
take actions to prevent dissipation or conversion of assets,
significant harm to electric consumers, or substantial harm to
the public interest if it finds that a violation of a market
manipulation rule is likely to result in significant
dissipation or conversion of assets, significant harm to
electric consumers, or substantial harm to the public interest.
The Commission may issue temporary orders without a hearing if
it determines that notice and hearing prior to entry would be
impracticable or contrary to the public interest (as those
terms have been interpreted under the ``good cause'' exception
in section 553(b)(B) of title 5, United States Code).
Paragraphs (4) and (5) of section 222(d) provide that temporary
orders are subject to review by the Commission and the United
States district courts.
Section 507. Cease-and-desist authority under the Natural Gas Act
Section 507 amends section 4A of the Natural Gas Act to
give the Federal Energy Regulatory Commission authority to
order entities to cease and desist from violations of the
Commission's market manipulation rules under section 4A of the
Natural Gas Act and to issue temporary orders to prevent the
dissipation or conversion of assets. The amendments to the
Natural Gas Act made by section 507 mirror the amendments to
the Federal Power Act made by section 506. Both section 506 and
section 507 are modeled on the authority Congress has
previously granted the Securities and Exchange Commission under
section 8A of the Securities Act of 1933 (15 U.S.C. 77h-1) and
section 21C of the Securities Exchange Act of 1934 (15 U.S.C.
78u-3).
Section 508. De novo review of civil penalties under the Natural Gas
Act
Section 508 clarifies that a civil penalty assessed by the
Federal Energy Regulatory Commission pursuant to section 22 of
the Natural Gas Act, like a civil penalty assessed by the
Commission pursuant to section 316A of the Federal Power Act,
is subject to de novo review in the United States district
courts, rather than review under the substantial evidence
standard in the United States Courts of Appeals. Section 508
clarifies that de novo review is available under section 22 of
the Natural Gas Act by adding the same cross reference to the
de novo review authority in section 31(d) of the Federal Power
Act (governing civil penalties under the hydroelectric power
provision of the Federal Power Act) that is found in section
316A of the Federal Power Act. Without the reference to section
31(d), the Commission has taken the position that the Natural
Gas Act does not allow de novo review in the district court.
TITLE VI--POLICY STUDY AND REPORTS
Section 601. Helium gas resource assessment
Section 601 directs the Secretary of the Interior, within
two years after the date of enactment of the Act, to conduct a
national assessment of proven and probable helium resources
that occur naturally within oil and gas reservoirs.
Section 602. Potash mineral resource assessment
Section 602(a) directs the Secretary of the Interior to
conduct an assessment, within two years after the date of
enactment of the Act, to determine the quantity and grade of
potash deposits in the United States.
Subsection (b) authorizes the Secretary, as part of the
assessment required under subsection (a), to conduct a drilling
program to supplement the geological data that is needed to
make a determination as to the existence of potash. Subsection
(c) directs the Secretary, in consultation with the National
Academies, to review the current methodology used to determine
reserves of potash and provide recommendations for updating the
existing methodology using the best available technology.
Subsection (d) requires the Secretary to submit a report on
the results of the assessment; and subsection (e) authorizes
appropriations for the assessment.
Section 603. Better energy strategy for tomorrow
Section 603 amends the Department of Energy Organization
Act to require that future energy plans consider and analyze
Federal policies that encourage domestic energy production,
energy efficiency in the U.S., atmospheric greenhouse gas
reduction, and the reduction of air pollutants. The National
Academy of Sciences is also directed to assist in the
preparation and review of any future proposed energy plans that
are created under the DOE Organization Act.
Section 604. Addressing climate change in India and China
Section 604 requires the Secretary of Energy, in
consultation with the heads of appropriate Federal departments
and agencies, to prepare an interagency report on climate
change and energy policy in China and India. The report shall
include national plans, policies, programs, laws, regulations,
incentives and other measures that could result in reductions
in energy use and greenhouse gas emissions. Not later than 6
months after the date of enactment, the Secretary shall submit
the report to Congress.
Section 605. Carbon leakage mitigation study
Section 605 requires the Secretary of Energy, in
consultation with the heads of appropriate Federal departments
and agencies, to conduct a study that characterizes the
relative risk of carbon leakage and changes in output and
investment in the United Sates industrial sectors caused by
potential cap-and-trade program implementation in the Unites
States. The Secretary is also directed to conduct a study
evaluating the impact of potential measures, such as emission
allowance allocation, border tax adjustments, or other
measures, to prevent carbon leakage resulting form a cap-and-
trade program. The first study is to be completed within 180
days of enactment. The second study is to be completed within
180 days following the completion of the first study.
Section 606. Study of foreign fuel subsidies
Section 606 requires the Secretary of Energy, in
consultation with the Secretaries of State and Commerce, to
conduct a study and report to Congress on the impact of foreign
fuel subsidies. Not later than 18 months after enactment, the
Secretary shall submit a report on the impacts of foreign fuel
subsidies on global energy supply and demand, and the global
economy. The report shall also recommend actions that should be
taken to minimize these impacts.
Section 607. Assessment of renewable energy resources
Section 607 amends section 201(b) of the Energy Policy Act
of 2005. As amended, section 201(b) will require the Secretary
of Energy, as part of the annual assessment of renewable energy
resources he is currently required to perform, to assess the
quantity of biomass needed for thermal applications, biofuels,
and biomass-based electricity; the highest efficiency energy
use of biomass resources; and the requirements and costs
associated with the deployment for each of these applications;
and to estimate the market penetration for each renewable
energy resource that could be accomplished by 2030 by
investigating multiple scenarios.
Section 608. Efficiency review of electric generation facilities
Section 608 requires the Secretary of Energy to complete an
efficiency review to quantify the efficiencies of, and annual
emissions from, electric generation facilities in the United
States. The Secretary is required to complete the review within
120 days after the date of enactment. Subsection (c) requires
the Secretary to submit a report to the relevant committees of
Congress within 120 days of completion of the assessment,
identifying, among other things, the technologies that may be
deployed to increase the efficiency of the electric generation
facilities and any obstacles that could impede the deployment
of those technologies.
Section 609. Report on emissions of alternative transportation fuels
Section 609 requires the Secretary of Energy, in
cooperation with the Administrator of the Environmental
Protection Agency, the Secretary of Defense, the Administrator
of the Federal Aviation Administration, and the Secretary of
Health and Human Services, to carry out a research and
development program focused on evaluating the emissions from
the use of alternative transportation fuels, and to evaluate
the effect of using alternative transportation fuels on air
quality and public health. It requires the Secretary to file an
interim report within 6 months after the date of enactment, and
a final report within one year after the date of enactment.
Section 610. Oil savings
Section 610 (a) makes four findings related to the negative
economic and national security implications of U.S. dependence
on foreign oil.
Subsection (b) states that it is the policy of the United
States to reduce its dependence on foreign oil.
Subsection (c)(1) requires the Secretary to submit a report
to Congress describing options for agency actions that would
reduce forecasted U.S. oil consumption by specified volumes
between 2016 and 2030. Paragraph (1) requires the report to
analyze the expected oil savings from increases in Corporate
Average Fuel Economy and the Renewable Fuel Standard, as
enacted in 2007, to determine whether options identified by the
study combined with savings attributable to the 2007 policies
are sufficient to realize the reduction of the specified
volumes between 2016 and 2030. Paragraph (2) requires the
report to be consistent with the policy statement of paragraph
(b), include only options directly related to reduced oil
consumption, include a description of the advantages and
disadvantages for each option, and not include options that
would increase lifecycle greenhouse gas emissions.
Subsection (d) requires the Secretary to submit annual
reports to Congress quantifying oil saved by measures
implemented in the previous year.
Subsection (e) stipulates that nothing in the section
affects the authority provided or responsibility delegated
under any other law.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of Rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out the American Clean Energy Leadership Act.
Economic impacts
Section 132 of the bill establishes a renewable electricity
standard on an estimated 300 electricity utilities that sell
electricity to electric consumers (including an estimated 240
investor-owned utilities, 60 State or municipally owned
utilities, and 5 cooperatives), which will require the
utilities to submit to the Secretary of Energy renewable energy
credits obtained either by purchase or by generating
electricity from renewable energy sources, or by paying
alternative compliance payments. Compliance with the renewable
electricity standard may increase the cost paid by some
electric utilities to generate or purchase electricity, which
they may pass through to their consumers in their retail
electric rates. Section 132 caps any such cost increases at 2.1
cent per kilowatt-hour (adjusted for inflation) through an
alternative compliance mechanism, and at not more than 4
percent per retail customer in any year. Section 132 further
limits any cost increase by enabling utilities to satisfy part
of the requirement through efficiency improvements, and to
obtain waivers and variances. In addition, the Committee
expects any cost increases to be offset, in whole or in part,
by reducing demand for conventional energy sources, and by the
use of alternative compliance payments to make direct grants to
electric consumers and invest in energy efficiency.
Section 222 amends the existing Energy Star energy
efficiency labeling program to require manufacturers wishing to
participate in the program to demonstrate compliance with
Energy Star performance criteria. Demonstration of compliance
is likely to impose some additional expense on manufacturers
participating in the program, but participation is voluntary,
and section 222 authorizes the Secretary of Energy and the
Administrator of the Environmental Protection Agency, which
jointly administer the program, to exempt products from the
requirement if the burdens of verifying product performance
substantially exceed the benefits.
Sections 224 through 227 amends title III of the Energy
Policy and Conservation Act to impose energy efficiency
standards on certain light fixtures, lamp sockets, light bulbs,
and commercial furnaces under the Department of Energy's
existing regulatory program. Although these sections may impose
an additional regulatory burden on manufacturers, importers,
and sellers of these products, the Committee does not expect
the incremental regulatory impact for these products to be
different in kind or degree from the impact of meeting
efficiency standards on similar products already covered by
title III of the Energy Policy and Conservation Act.
Section 241 requires the International Code Council and the
American Society of Heating, Refrigerator and Air-Conditioning
Engineers to update the national model building energy codes
and standards at least every three years, but the Committee
does not expect the new requirement to require them to revise
their codes faster or more frequently than they otherwise
would.
Section 296 requires the Federal Energy Regulatory
Commission to establish a uniform national standard by which
every electric utility must, upon request, connect small power
production facilities of 15 kilowatts or less (such as rooftop
solar panels) owned by any electric consumers it serves to the
utility's electric distribution system. This requirement may
impose additional burdens on utilities that do not now provide
interconnection service to their customers voluntarily, in the
15 States that do not now require interconnection service as a
matter of State law, and it may alter in some degree the
burdens on utilities in the 35 States that already have state
interconnection requirements.
Finally, section 301 authorizes the Secretary of Energy and
the Federal Energy Regulatory Commission to impose temporary
emergency requirements on the operators of critical electric
infrastructure to protect the nation's electrical
infrastructure from cyber attack. The Committee expects any
economic burden occasioned by the requirements to be more than
offset by the damage to the electric grid and the disruption to
the national economy that will be avoided by such emergency
measures.
Personal privacy
No personal information would be collected in administering
programs authorized under the bill. Therefore, there would be
no impact on personal privacy.
Paperwork requirements
Implementation of the renewable electricity standard under
section 132 will involve the operation of a credit trading
program, which will require electric utilities to keep records
and report information to the Department of Energy.
Some additional paperwork and recordkeeping will also be
required of companies manufacturing, importing, or selling
appliances and equipment subject to efficiency standards under
sections 224 through 227, contractors certified to retrofit
homes under the State energy efficiency retrofit program under
section 262, and companies participating in the Energy Star
program under section 222, the Electric Motor Rebate Program
under section 228, and the Electric Motor Market Assessment
Program under section 231.
In addition, the bill requires the Environmental Protection
Agency to establish a voluntary energy performance information
program for buildings, urges the Secretary of Energy to improve
the existing Commercial Buildings Energy Consumption Survey,
and directs the Energy Information Administration to collect
additional information about oil inventories and storage and
transportation capacity from the 50 largest oil traders.
The Committee does not expect any of the bill's
information-collecting requirements to impose substantial
additional paperwork or recordkeeping burdens, in either time
or financial cost, on private industry or individuals.
Congressionally Directed Spending
The bill, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in Rule XLIV of the Standing Rules
of the Senate.
Executive Communications
Executive communications on the original bill have not been
received.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Table of Existing Laws Proposed To Be Changed
1. Mineral Leasing Act, Act of February 25, 1920, chapter
85, as amended
2. Federal Power Act, Act of June 10, 1920, chapter 285, as
amended
3. Natural Gas Act, Act of June 21, 1938, chapter 556, as
amended
4. Outer Continental Shelf Lands Act, Act of August 7,
1953, chapter 345, as amended
5. Geothermal Steam Act of 1970, Public Law 91-581, as
amended
6. Trans-Alaska Pipeline Authorization Act, Public Law 93-
153, as amended
7. Energy Policy and Conservation Act, Public Law 94-63, as
amended
8. Energy Conservation and Production Act, Public Law 94-
385, as amended
9. Department of Energy Organization Act, Public Law 95-91,
as amended
10. Inspector General Act of 1978, Public Law 95-452, as
amended
11. Public Utility Regulatory Policies Act, 95-617, as
amended
12. National Energy Conservation Policy Act, Public Law 95-
619, as amended
13. Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended
14. Federal Oil and Gas Royalty Management Act of 1982,
Public Law 97-451, as amended
15. Department of Energy Science Education Program
Enhancement Act, Public Law 101-510, as amended
16. Methane Hydrate Research and Development Act of 2000,
Public Law 106-193, as amended
17. Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, Public Law 106-398
18. Alaska Natural Gas Pipeline Act, Division C of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, Public Law 108-324
19. Energy Policy Act of 2005, Public Law 109-58, as
amended
20. Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006, Public Law 109-54
21. Gulf of Mexico Energy Security Act of 2006, Public Law
109-432
22. America COMPETES Act, Public Law 110-69
23. Energy Independence and Security Act of 2007, Public
Law 110-140
MINERAL LEASING ACT
Act of February 25, 1920, Chapter 85, as Amended
AN ACT To promote the mining of coal, phosphate, oil, oil shale, gas,
and sodium on the public domain
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
deposits of coal, phosphate, sodium, potassium, oil, oil shale,
gilsonite including all vein-type solid hydrocarbons), or gas,
and lands containing such deposits owned by the United States,
including those in national forests, but excluding lands
acquired under the Act known as the Appalachian Forest Act,
approved March 1, 1911 (36 Stat. 961), and those in
incorporated cities, towns, and villages and in national parks
and monuments, those acquired under other Acts subsequent to
February 25, 1920, and lands within the naval petroleum and
oil-shale reserves, except as hereinafter provided, shall be
subject to disposition in the form and manner provided by this
Act to citizens of the United States, or to associations of
such citizens, or to any corporation organized under the laws
of the United States, or of any State or Territory thereof, or
in the case of coal, oil, oil shale, or gas, to municipalities.
* * * * * * *
SEC. 35
* * * * * * *
(c)(1) Notwithstanding the first sentence of subsection
(a), any rentals received from leases in any State (other than
the State of Alaska) on or after the date of enactment of this
subsection shall be deposited in the Treasury, to be allocated
in accordance with paragraph (2).
(2) Of the amounts deposited in the Treasury under
paragraph (1)--
(A) 50 percent shall be paid by the Secretary of the
Treasury to the State within the boundaries of which
the leased land is located or the deposits were
derived; and
(B) 50 percent shall be deposited in a special fund
in the Treasury, to be known as the ``BLM Permit
Processing Improvement Fund'' (referred to in this
subsection as the ``Fund'').
(3) For each of fiscal years 2006 through 2015, the Fund
shall be available to the Secretary of the Interior for
expenditure, without further appropriation and without fiscal
year limitation, for the coordination and processing of oil and
gas use authorizations on onshore Federal land under the
jurisdiction of the Pilot Project offices identified in section
365(d) of the Energy Policy Act of 2005.
(4) Authorization of Appropriations.--There is authorized
to be appropriated from the Fund, or to the extent adequate
funds in the Fund are not available from miscellaneous receipts
of the Treasury, for the coordination and processing of oil and
gas use authorizations and for oil and gas inspection and
enforcement on onshore Federal land under the jurisdiction of
the Pilot Project offices described in section 365(d) of the
Energy Policy Act of 2005 (42 U.S.C. 15924(d)) $20,000,000 for
each of fiscal years 2016 through 2020, to remain available
until expended.
* * * * * * *
FEDERAL POWER ACT
The Act of June 10, 1920, Chapter 285, as Amended
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
* * * * * * *
PART II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE
COMMERCE
* * * * * * *
SEC. 202. INTERCONNECTION AND COORDINATION OF FACILITIES; EMERGENCIES;
TRANSMISSION TO FOREIGN COUNTRIES.
(a) For the purpose of assuring an abundant supply of
electric energy throughout the United States with the greatest
possible economy and with regard to the proper utilization and
conservation of natural resources, the Commission is empowered
and directed to divide the country into regional districts for
the voluntary interconnection and coordination of facilities
for the generation, transmission, and sale of electric energy,
and it may at any time thereafter, upon its own motion or upon
application, make such modifications thereof as in its judgment
will promote the public interest. Each such district shall
embrace an area which, in the judgment of the Commission, can
economically be served by such interconnected and coordinated
electric facilities. It shall be the duty of the Commission to
promote and encourage such interconnection and coordination
within each such district and between such districts. Before
establishing any such district and fixing or modifying the
boundaries thereof the Commission shall give notice to the
State commission of each State situated wholly or in part
within such district, and shall afford each such State
commission reasonable opportunity to present its views and
recommendations, and shall receive and consider such views and
recommendations.
* * * * * * *
(h) Emergency Orders.--
(1) Definition of emergency.--In this subsection, the
term ``emergency'' means a major disturbance in
wholesale electric markets regulated by the Commission
that--
(A) substantially disrupts, or threatens to
substantially disrupt, the reliability of
service to electric consumers; or
(B) is characterized by sudden and excessive
price fluctuations in wholesale electric
markets regulated by the Commission.
(2) Orders.--In an emergency, the Commission may,
either on the motion of the Commission or on complaint,
without notice or hearing, require by order the
temporary suspension or modification of any rate, term,
or condition of service on file with the Commission
pursuant to this Act that the Commission determines to
be necessary--
(A) to ensure reliability of service to
electric consumers; or
(B) to protect electric consumers from
potential abuse of market power or market
manipulation in wholesale electric markets
regulated by the Commission.
(3) Effective period.--An order under this subsection
may remain in effect for not more than 10 days unless
extended under paragraph (4).
(4) Extension.--An order under this subsection may be
extended for additional periods of not more than 10
days if the Commission determines that--
(A) the emergency still exists; and
(B) the continuation of the order is
necessary--
(i) to ensure reliability of service
to electric consumers; or
(ii) to protect electric consumers
from potential abuse of market power or
market manipulation in wholesale
electric markets regulated by the
Commission.
(5) Limitation.--In no event shall an order of the
Commission under this subsection continue in effect for
more than 30 days.
(6) Review of orders.--
(A) In general.--An order under this
subsection shall be subject to review as
provided in section 313(b).
(B) Standard of review.--The reviewing court
shall not enter a stay, writ of mandamus, or
similar relief unless the court finds, after
notice and hearing before a panel of the court,
that the action of the Commission is arbitrary,
capricious, an abuse of discretion, or
otherwise not in accordance with law.
(7) Termination by president.--The President may
direct that action taken by the Commission under this
subsection shall not continue in effect.
* * * * * * *
[SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
[(a) Designation of National Interest Electric Transmission
Corridors.--(1) Not later than 1 year after the date of
enactment of this section and every 3 years thereafter, the
Secretary of Energy (referred to in this section as the
``Secretary''), in consultation with affected States, shall
conduct a study of electric transmission congestion.
[(2) After considering alternatives and recommendations
from interested parties (including an opportunity for comment
from affected States), the Secretary shall issue a report,
based on the study, which may designate any geographic area
experiencing electric energy transmission capacity constraints
or congestion that adversely affects consumers as a national
interest electric transmission corridor.
[(3) The Secretary shall conduct the study and issue the
report in consultation with any appropriate regional entity
referred to in section 215.
[(4) In determining whether to designate a national
interest electric transmission corridor under paragraph (2),
the Secretary may consider whether--
[(A) the economic vitality and development of the
corridor, or the end markets served by the corridor,
may be constrained by lack of adequate or reasonably
priced electricity;
[(B)(i) economic growth in the corridor, or the end
markets served by the corridor, may be jeopardized by
reliance on limited sources of energy; and
[(ii) a diversification of supply is warranted;
[(C) the energy independence of the United States
would be served by the designation;
[(D) the designation would be in the interest of
national energy policy; and
[(E) the designation would enhance national defense
and homeland security.
[(b) Construction Permit.--Except as provided in subsection
(i), the Commission may, after notice and an opportunity for
hearing, issue one or more permits for the construction or
modification of electric transmission facilities in a national
interest electric transmission corridor designated by the
Secretary under subsection (a) if the Commission finds that--
[(1)(A) a State in which the transmission facilities
are to be constructed or modified does not have
authority to--
[(i) approve the siting of the facilities; or
[(ii) consider the interstate benefits
expected to be achieved by the proposed
construction or modification of transmission
facilities in the State;
[(B) the applicant for a permit is a transmitting
utility under this Act but does not qualify to apply
for a permit or siting approval for the proposed
project in a State because the applicant does not serve
end-use customers in the State; or
[(C) a State commission or other entity that has
authority to approve the siting of the facilities has--
[(i) withheld approval for more than 1 year
after the filing of an application seeking
approval pursuant to applicable law or 1 year
after the designation of the relevant national
interest electric transmission corridor,
whichever is later; or
[(ii) conditioned its approval in such a
manner that the proposed construction or
modification will not significantly reduce
transmission congestion in interstate commerce
or is not economically feasible;
[(2) the facilities to be authorized by the permit
will be used for the transmission of electric energy in
interstate commerce;
[(3) the proposed construction or modification is
consistent with the public interest;
[(4) the proposed construction or modification will
significantly reduce transmission congestion in
interstate commerce and protects or benefits consumers;
[(5) the proposed construction or modification is
consistent with sound national energy policy and will
enhance energy independence; and
[(6) the proposed modification will maximize, to the
extent reasonable and economical, the transmission
capabilities of existing towers or structures.
[(c) Permit Applications.--(1) Permit applications under
subsection (b) shall be made in writing to the Commission.
[(2) The Commission shall issue rules specifying--
[(A) the form of the application;
[(B) the information to be contained in the
application; and
[(C) the manner of service of notice of the permit
application on interested persons.
[(d) Comments.--In any proceeding before the Commission
under subsection (b), the Commission shall afford each State in
which a transmission facility covered by the permit is or will
be located, each affected Federal agency and Indian tribe,
private property owners, and other interested persons, a
reasonable opportunity to present their views and
recommendations with respect to the need for and impact of a
facility covered by the permit.
[(e) Rights-of-Way.--(1) In the case of a permit under
subsection (b) for electric transmission facilities to be
located on property other than property owned by the United
States or a State, if the permit holder cannot acquire by
contract, or is unable to agree with the owner of the property
to the compensation to be paid for, the necessary right-of-way
to construct or modify the transmission facilities, the permit
holder may acquire the right-of-way by the exercise of the
right of eminent domain in the district court of the United
States for the district in which the property concerned is
located, or in the appropriate court of the State in which the
property is located.
[(2) Any right-of-way acquired under paragraph (1) shall be
used exclusively for the construction or modification of
electric transmission facilities within a reasonable period of
time after the acquisition.
[(3) The practice and procedure in any action or proceeding
under this subsection in the district court of the United
States shall conform as nearly as practicable to the practice
and procedure in a similar action or proceeding in the courts
of the State in which the property is located.
[(4) Nothing in this subsection shall be construed to
authorize the use of eminent domain to acquire a right-of-way
for any purpose other than the construction, modification,
operation, or maintenance of electric transmission facilities
and related facilities. The right-of-way cannot be used for any
other purpose, and the right-of-way shall terminate upon the
termination of the use for which the right-of-way was acquired.
[(f) Compensation.--(1) Any right-of-way acquired pursuant
to subsection (e) shall be considered a taking of private
property for which just compensation is due.
[(2) Just compensation shall be an amount equal to the fair
market value (including applicable severance damages) of the
property taken on the date of the exercise of eminent domain
authority.
[(g) State Law.--Nothing in this section precludes any
person from constructing or modifying any transmission facility
in accordance with State law.
[(h) Coordination of Federal Authorizations for
Transmission Facilities.--(1) In this subsection:
[(A) The term ``Federal authorization'' means any
authorization required under Federal law in order to
site a transmission facility.
[(B) The term ``Federal authorization'' includes such
permits, special use authorizations, certifications,
opinions, or other approvals as may be required under
Federal law in order to site a transmission facility.
[(2) The Department of Energy shall act as the lead agency
for purposes of coordinating all applicable Federal
authorizations and related environmental reviews of the
facility.
[(3) To the maximum extent practicable under applicable
Federal law, the Secretary shall coordinate the Federal
authorization and review process under this subsection with any
Indian tribes, multistate entities, and State agencies that are
responsible for conducting any separate permitting and
environmental reviews of the facility, to ensure timely and
efficient review and permit decisions.
[(4)(A) As head of the lead agency, the Secretary, in
consultation with agencies responsible for Federal
authorizations and, as appropriate, with Indian tribes,
multistate entities, and State agencies that are willing to
coordinate their own separate permitting and environmental
reviews with the Federal authorization and environmental
reviews, shall establish prompt and binding intermediate
milestones and ultimate deadlines for the review of, and
Federal authorization decisions relating to, the proposed
facility.
[(B) The Secretary shall ensure that, once an application
has been submitted with such data as the Secretary considers
necessary, all permit decisions and related environmental
reviews under all applicable Federal laws shall be completed--
[(i) within 1 year; or
[(ii) if a requirement of another provision of
Federal law does not permit compliance with clause (i),
as soon thereafter as is practicable.
[(C) The Secretary shall provide an expeditious pre-
application mechanism for prospective applicants to confer with
the agencies involved to have each such agency determine and
communicate to the prospective applicant not later than 60 days
after the prospective applicant submits a request for such
information concerning--
[(i) the likelihood of approval for a potential
facility; and
[(ii) key issues of concern to the agencies and
public.
[(5)(A) As lead agency head, the Secretary, in consultation
with the affected agencies, shall prepare a single
environmental review document, which shall be used as the basis
for all decisions on the proposed project under Federal law.
[(B) The Secretary and the heads of other agencies shall
streamline the review and permitting of transmission within
corridors designated under section 503 of the Federal Land
Policy and Management Act (43 U.S.C. 1763) by fully taking into
account prior analyses and decisions relating to the corridors.
[(C) The document shall include consideration by the
relevant agencies of any applicable criteria or other matters
as required under applicable law.
[(6)(A) If any agency has denied a Federal authorization
required for a transmission facility, or has failed to act by
the deadline established by the Secretary pursuant to this
section for deciding whether to issue the authorization, the
applicant or any State in which the facility would be located
may file an appeal with the President, who shall, in
consultation with the affected agency, review the denial or
failure to take action on the pending application.
[(B) Based on the overall record and in consultation with
the affected agency, the President may--
[(i) issue the necessary authorization with any
appropriate conditions; or
[(ii) deny the application.
[(C) The President shall issue a decision not later than 90
days after the date of the filing of the appeal.
[(D) In making a decision under this paragraph, the
President shall comply with applicable requirements of Federal
law, including any requirements of--
[(i) the National Forest Management Act of 1976 (16
U.S.C. 472a et seq.);
[(ii) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
[(iii) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
[(iv) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
[(v) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
[(7)(A) Not later than 18 months after the date of
enactment of this section, the Secretary shall issue any
regulations necessary to implement this subsection.
[(B)(i) Not later than 1 year after the date of enactment
of this section, the Secretary and the heads of all Federal
agencies with authority to issue Federal authorizations shall
enter into a memorandum of understanding to ensure the timely
and coordinated review and permitting of electricity
transmission facilities.
[(ii) Interested Indian tribes, multistate entities, and
State agencies may enter the memorandum of understanding.
[(C) The head of each Federal agency with authority to
issue a Federal authorization shall designate a senior official
responsible for, and dedicate sufficient other staff and
resources to ensure, full implementation of the regulations and
memorandum required under this paragraph.
[(8)(A) Each Federal land use authorization for an
electricity transmission facility shall be issued--
[(i) for a duration, as determined by the Secretary,
commensurate with the anticipated use of the facility;
and
[(ii) with appropriate authority to manage the right-
of-way for reliability and environmental protection.
[(B) On the expiration of the authorization (including an
authorization issued before the date of enactment of this
section), the authorization shall be reviewed for renewal
taking fully into account reliance on such electricity
infrastructure, recognizing the importance of the authorization
for public health, safety, and economic welfare and as a
legitimate use of Federal land.
[(9) In exercising the responsibilities under this section,
the Secretary shall consult regularly with--
[(A) the Federal Energy Regulatory Commission;
[(B) electric reliability organizations (including
related regional entities) approved by the Commission;
and
[(C) Transmission Organizations approved by the
Commission.
[(i) Interstate Compacts.--(1) The consent of Congress is
given for three or more contiguous States to enter into an
interstate compact, subject to approval by Congress,
establishing regional transmission siting agencies to--
[(A) facilitate siting of future electric energy
transmission facilities within those States; and
[(B) carry out the electric energy transmission
siting responsibilities of those States.
[(2) The Secretary may provide technical assistance to
regional transmission siting agencies established under this
subsection.
[(3) The regional transmission siting agencies shall have
the authority to review, certify, and permit siting of
transmission facilities, including facilities in national
interest electric transmission corridors (other than facilities
on property owned by the United States).
[(4) The Commission shall have no authority to issue a
permit for the construction or modification of an electric
transmission facility within a State that is a party to a
compact, unless the members of the compact are in disagreement
and the Secretary makes, after notice and an opportunity for a
hearing, the finding described in subsection (b)(1)(C).
[(j) Relationship to Other Laws.--(1) Except as
specifically provided, nothing in this section affects any
requirement of an environmental law of the United States,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
[(2) Subsection (h)(6) shall not apply to any unit of the
National Park System, the National Wildlife Refuge System, the
National Wild and Scenic Rivers System, the National Trails
System, the National Wilderness Preservation System, or a
National Monument.
[(k) ERCOT.--This section shall not apply within the area
referred to in section 212(k)(2)(A).]
SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) Policy.--It is the policy of the United States that the
national interstate transmission system should be guided by the
goal of maximizing the net benefits of the electricity system,
taking into consideration--
(1) support for the development of new renewable
energy generation capacity, including renewable energy
generation located distant from load centers and other
location-constrained resources;
(2) opportunities for reduced emissions from regional
power production;
(3) cost savings resulting from--
(A) reduced transmission congestion;
(B) enhanced opportunities for intraregional
and interregional electricity trades;
(C) reduced line losses;
(D) generation resource-sharing; and
(E) enhanced fuel diversity;
(4) reliability benefits, including satisfying
reliability standards and guidelines for resource
adequacy and system security;
(5) diversification of risk relating to events
affecting fuel supply or generating resources in a
particular region;
(6) the enhancement of competition in electricity
markets and mitigation of market power;
(7) the ability to collocate facilities on existing
rights-of-way;
(8) competing land use priorities, including land
protected under Federal or State law;
(9) the requirements of section 217(b)(4); and
(10) the contribution of demand side management
(including energy efficiency and demand response),
energy storage, distributed generation resources, and
smart grid investments.
(b) Definitions.--In this section:
(1) High-priority national transmission project.--The
term `high-priority national transmission project'
means an overhead or underground transmission facility,
consisting of conductors or cables, towers, manhole
duct systems, phase shifting transformers, reactors,
capacitors, and any ancillary facilities and equipment
necessary for the proper operation of the facility,
that--
(A)(i) operates at or above a voltage of--
(I) 345 kilovolts alternating
current; or
(II) 300 kilovolts direct current;
(ii) is a very high current conductor or
superconducting cable that operates at or above
a power equivalent to the power of a
conventional transmission cable operating at or
above 345 kilovolts alternating current or 300
kilovolts direct current; or
(iii) is a renewable feeder line that
transmits electricity directly to a
transmission facility under clause (i) or (ii);
and
(B) is included in a regional plan pursuant
to subsection (c).
(2) Indian land.--The `Indian land' means land--
(A) the title to which is held by the United
States in trust for an Indian tribe or
individual Indian; or
(B) that is held by an Indian tribe or
individual Indian subject to a restrict by the
United States against alienation or
encumbrance.
(3) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation (as defined in or
established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), which is
recognized as eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians.
(4) Load-serving entity.--Except as otherwise
provided in this section, the term `load-serving
entity' means any person, Federal, State, or local
agency or instrumentality, or electric cooperative that
delivers electric energy to end-use customers.
(5) Location-constrained resource.--
(A) In general.--The term `location-
constrained resource' means a low-carbon
resource used to produce electricity that is
geographically constrained such that the
resource cannot be relocated to an existing
transmission line.
(B) Inclusions.--The term `location-
constrained resource' includes the following
types of resources described in subparagraph
(A):
(i) Renewable energy, including
offshore resources.
(ii) A fossil fuel electricity plant
equipped with carbon capture technology
that is located at a site that is
appropriate for carbon storage or
beneficial reuse.
(6) Renewable energy.--The term `renewable energy'
means electric energy generated from--
(A) solar energy;
(B) wind energy;
(C) marine and hydrokinetic renewable energy;
(D) geothermal energy;
(E) hydropower;
(F) biomass; or
(G) landfill gas.
(7) Renewable feeder line.--The term `renewable
feeder line' means a transmission line that--
(A) operates at a voltage of 100 kilovolts or
greater; and
(B) is identified in the applicable
Interconnection-wide transmission plan or by
the Commission as a facility that is to be
developed to facilitate collection of electric
energy produced by renewable energy.
(8) Secretary.--The term `Secretary' means the
Secretary of Energy.
(c) Plans for National Interstate Transmission System.--
(1) In general.--The Commission shall coordinate
regional planning to ensure that regional plans are
integrated into an Interconnection-wide transmission
plan with respect to high-priority national
transmission projects, that achieves the policy
established under subsection (a).
(2) Planning principles.--
(A) In general.--Not later than 180 days
after the date of enactment of the American
Clean Energy Leadership Act of 2009, the
Commission shall issue, by rule, after notice
and opportunity for comment, national
electricity grid planning principles pursuant
to the policy established under subsection (a).
(B) Content.--The principles shall--
(i) address how the utilities should
fully incorporate consideration of the
need for high-priority national
transmission projects into planning
efforts;
(ii) address how the utilities should
coordinate with each other, States,
Indian tribes, and other planning
efforts in the applicable
Interconnection to effectively develop
an Interconnection-wide analysis to
identify needed additions or
modifications to high-priority national
transmission projects, with particular
attention to identifying needs that can
be most efficiently and effectively
addressed with high-priority national
transmission projects that cross
multiple utilities, Regional
Transmission Organizations, or
Independent System Operators; and
(iii)(I) address alternatives to
high-priority national transmission
projects, based on the factors
described in subparagraph (C)(iii); and
(II) determine whether alternative
investments can provide a more
expedient means of improving
electricity system capacity or
reliability or reduced costs for end-
users; and
(iv) include mechanisms for
soliciting input from the Secretary,
Federal transmitting utilities, the
Secretary of the Interior, States,
Indian tribes, electric reliability
organizations, regional entities,
entities described in section 201(f),
generators, load-serving entities,
other interested parties, and the
public.
(C) Factors.--Plans for the development and
improvement of high-priority national
transmission projects into a national high-
capacity transmission grid shall take into
consideration--
(i) the location of load centers;
(ii) the location of generation and
potential generation development,
including location-constrained
resources;
(iii) existing and potential demand
side management (including energy
efficiency and demand response), energy
storage, distributed generation
resources, and smart grid investments;
(iv) the plans of Regional
Transmission Organizations, Independent
System Operators, State authorities,
Indian tribes, transmission owners,
load-serving entities, and others in
the region;
(v) the needs and long-term rights
described in section 217(b); and
(vi) costs to consumers of high
priority national transmission
projects, including considering the
cost of reasonable alternatives.
(3) Submission of plans.--
(A) In general.--
(i) In general.--One or more public
utilities, transmitting utilities,
Regional Transmission Organizations,
Independent System Operators, regional
entities (as defined in section
215(a)), or other multistate
organizations or entities (including
entities described in section 201(f))
may develop a regional plan relating to
1 or more high-priority national
transmission projects that is
consistent with the planning principles
established by the Commission.
(ii) Other plans.--
(I) In general.--Any public
utility or transmitting utility
that does not participate in 1
of the regional plans developed
under clause (i) shall develop
its own plan relating to any
high priority national
transmission project planned
for the system of the utility.
(II) Planning principles.--
The plan shall be consistent
with the planning principles
established by the Commission.
(iii) Timing.--Any plan developed
under clause (i) or (ii) shall be
submitted to the Commission--
(I) as soon as practicable,
but not later than 2 years,
after the date of enactment of
the American Clean Energy
Leadership Act of 2009; and
(II) periodically thereafter
as prescribed by the
Commission.
(B) Coordination.--
(i) Joint submissions.--The
requirements of subparagraph (A) may be
satisfied by a joint submission.
(ii) Single interconnection-wide
plan.--The Commission shall encourage
coordination that would permit
submission of a single Interconnection-
wide plan for high priority national
transmission projects.
(C) Modifications.--The Commission may
require modification of a submitted plan to the
extent that the Commission determines that the
modification is necessary--
(i) to reconcile inconsistencies
between plans submitted; or
(ii) to achieve the policy goals
established under subsection (a).
(4) Applicability.--The transmission planning
principles and requirements of this subsection shall
apply to each transmission owner and transmission
planning entity in the United States portion of the
Eastern and Western Interconnections, including an
entity described in section 201(f).
(d) Siting.--
(1) Purposes.--The purpose of this subsection is to
ensure that high-priority national transmission
projects are in the public interest and advance the
policy established under subsection (a).
(2) Designation of eligibility.--The Commission may
grant an applicant that submits an application for a
proposed project a designation of eligibility for
consideration under this subsection if the Commission
finds that the proposed project is a high-priority
national transmission project.
(3) State review of project siting.--
(A) In general.--No developer of a high-
priority national transmission project may seek
a certificate for construction under subsection
(e) unless the developer first seeks
authorization to construct the high-priority
national transmission project under applicable
State law concerning authorization and routing
of transmission facilities.
(B) Federal authority.--The Commission may
authorize, in accordance with subsection (e),
construction of a high-priority national
transmission project that the Commission finds
to be in the public interest and in accordance
with this section if a State--
(i) fails to approve construction and
authorize routing of a high-priority
national transmission project not later
than 1 year after the date the
applicant submits a completed
application for authorization to the
State;
(ii) rejects the application for a
high-priority national transmission
project; or
(iii) authorizes the high-priority
national transmission project subject
to conditions that unreasonably
interfere with the development of a
high-priority national transmission
project contrary to the purposes of
this section.
(e) Construction.--
(1) Application for certificate.--
(A) In general.--An applicant for a high-
priority national transmission project may
apply to the Commission for a certificate of
public convenience and necessity with respect
to construction of the high-priority national
transmission project within a State affected by
the high-priority national transmission project
if the State--
(i) fails to authorize construction
of the high-priority national
transmission project under State law
not later than 1 year after the date
the developer submits a completed
application for authorization to the
State;
(ii) rejects the application for the
high-priority national transmission
project; or
(iii) authorizes the high-priority
national transmission project subject
to conditions that unreasonably
interfere with the development of a
high-priority national transmission
project contrary to the purposes of
this section.
(B) Form.--The application for a certificate
shall be made in writing in such form and
containing such information as the Commission
may by regulation require.
(C) Hearing.--On receipt of an application
under this paragraph, the Commission--
(i) shall provide notice to
interested persons and opportunity for
hearing; and
(ii) may approve (with or without
conditions) or disapprove the
application, in accordance with
paragraph (2).
(2) Grant of certificate.--
(A) In general.--A certificate shall be
issued to a qualified applicant for a
certificate authorizing the whole or partial
operation, construction, acquisition, or
modification covered by the application, only
if the Commission determines that--
(i) the applicant is able and
willing--
(I) to do the acts and to
perform the service proposed;
and
(II) to comply with this Act
(including regulations);
(ii) the proposed operation,
construction, acquisition, or
modification, to the extent authorized
by the certificate, is or will be
required by the present or future
public convenience and necessity.
(B) Terms and conditions.--The Commission
shall have the power to attach to the issuance
of a certificate under this paragraph and to
the exercise of the rights granted under the
certificate such reasonable terms and
conditions as the public convenience and
necessity may require.
(C) Use of state work.--If 1 or more States
reject or fail to act on a high-priority
national transmission project and the
Commission has siting authority for the high-
priority national transmission project under
this section, the Commission shall give due
weight to--
(i) the environmental record and
results of the siting process of a
State that did complete the siting
process of the State under this
section; and
(ii) the information that had been
submitted by an applicant to the State
under this section.
(D) Evaluation of abilities of applicant.--
(i) In general.--In evaluating the
ability of an applicant described in
subparagraph (A)(i), the Commission
shall consider whether the financial
and technical capabilities of the
applicant are adequate to support
construction and operation of the high-
priority national transmission project
proposed in the application.
(ii) Joint ownership projects.--In
evaluating applications under paragraph
(1), the Commission shall consider
benefits from the greater
diversification of financial risk
inherent in the applications involving
joint ownership projects by multiple
load-serving entities.
(E) Public convenience and necessity.--In
making a determination with respect to public
convenience and necessity described in
subparagraph (A)(ii), the Commission shall--
(i) consider whether the facilities
covered by an application are included
in an Interconnection-wide transmission
grid plan for a high-priority national
transmission project developed pursuant
to subsection (c); and
(ii) determine whether the facilities
covered by the application are in the
public interest.
(3) Right of eminent domain.--If any holder of a
certificate issued under paragraph (2) cannot acquire
by contract, or is unable to agree with the owner of
property on the compensation to be paid for, the
necessary right-of-way to construct, operate, and
maintain the high-priority national transmission
project to which the certificate relates, and the
necessary land or other property necessary to the
proper operation of the high-priority national
transmission project, the holder may acquire the right-
of-way by the exercise of the right of eminent domain
in--
(A) the United States district court for the
district in which the property is located; or
(B) a State court.
(4) State and tribal recommendations.--In granting a
certificate under paragraph (2), the Commission shall--
(A) permit State regulatory agencies and
affected Indian tribes to recommend mitigation
measures, based on habitat protection,
environmental considerations, or cultural site
protection; and
(B)(i) incorporate those identified
mitigation measures as conditions on the
certificate; or
(ii) if the Commission determines that a
recommended mitigation measure is inconsistent
with the purposes of this section, infeasible,
or not cost-effective--
(I) consult with State regulatory
agencies and affected Indian tribes to
seek to resolve the issue;
(II) incorporate as conditions on the
certificate such recommended mitigation
measures as are determined to be
appropriate by the Commission, based on
consultation by the Commission with
State regulatory agencies and affected
Indian tribes, the purposes of this
section, and the record before the
Commission; and
(III) if, after consultation, the
Commission does not adopt in whole or
in part a recommendation of an agency
or affected Indian tribe, publish a
statement of a finding that the
adoption of the recommendation is
infeasible, not cost-effective, or
inconsistent with this section or other
applicable provisions of law.
(5) State or local authorizations.--An applicant
receiving a certificate under this subsection with
respect to construction or modification of a high-
priority national transmission project in a State shall
not require a separate siting authorization from the
State or any local authority within the State.
(6) Rights-of-way over indian land.--Notwithstanding
paragraph (3), in the case of siting, construction,
operation, and maintenance of a transmission facility
to be located on or over Indian land, a certificate
holder under this section shall comply with the
requirements of Federal law for obtaining rights-of-way
on or over Indian land.
(f) Coordination of Federal Authorizations for Transmission
Facilities.--
(1) Definition of federal authorization.--In this
subsection, the term ``Federal authorization'' means
any authorization required under Federal law in order
to site a transmission facility on Federal land,
including such permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law in order to site a
transmission facility.
(2) Lead agency.--If a Federal authorization for a
high-priority national transmission project involves
land under the jurisdiction of the Department of the
Interior and any other Federal agency, the Secretary of
the Interior shall act as the lead agency for purposes
of coordinating all applicable Federal authorizations
and related environmental reviews.
(3) Coordination.--To the maximum extent practicable
under applicable Federal law, the Secretary of the
Interior shall coordinate the Federal authorization and
review process under this subsection with the
Commission, and with any Indian tribes, multistate
entities, and State agencies that are responsible for
conducting any separate permitting and environmental
reviews of the facility, to ensure timely and efficient
review and permit decisions.
(4) Milestones and deadlines.--
(A) In general.--As the lead agency, the
Secretary of the Interior, in consultation with
the Commission and any other agency responsible
for Federal authorizations and, as appropriate,
with Indian tribes, multistate entities, and
State agencies that are willing to coordinate
their own separate permitting and environmental
reviews with the Federal authorization and
environmental reviews, shall establish prompt
and binding intermediate milestones and
ultimate deadlines for the review of, and
Federal authorization decisions relating to,
the proposed high-priority national
transmission project.
(B) Deadline.--The Secretary of the Interior
shall ensure that, once an application has been
submitted with such data as the Commission and
the Secretaries with jurisdiction over the
affected land consider necessary, all permit
decisions and related environmental reviews
under all applicable Federal laws shall be
completed not later than 1 year after the date
of submission.
(C) Preapplication information.--The
Secretary of the Interior, in consultation with
the Commission, shall provide an expeditious
preapplication mechanism for prospective
applicants to confer with the agencies involved
to have each such agency determine and
communicate to the prospective applicant not
later than 60 days after the prospective
applicant submits a request for such
information concerning--
(i) the likelihood of approval for a
potential facility; and
(ii) key issues of concern to the
agencies and public.
(5) Environmental review document.--
(A) In general.--As lead agency, the
Secretary of the Interior, in consultation with
the Commission and any affected agency, shall
prepare a single environmental review document,
which shall be used as the basis for all
decisions on the proposed high-priority
national transmission project under Federal
law.
(B) Streamlining.--The Secretary of the
Interior and the Secretary of Agriculture, in
consultation with the Commission, shall
streamline the review and permitting of
transmission within corridors designated under
section 503 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1763) or
section 368 of the Energy Policy Act of 2005
(42 U.S.C. 15926) by fully taking into account
prior analyses and decisions relating to the
corridors.
(C) Comments.--If the high-priority national
transmission project includes Federal land that
is not under the jurisdiction of the Department
of the Interior, the document shall include
comments made by the Secretary with
jurisdiction over the affected land on matters
necessary for the protection of the land or
required under applicable law.
(6) Issuance or denial of authorization by
president.--
(A) In general.--Subject to paragraph (7), if
any agency has denied a Federal authorization
required for a transmission facility within an
energy right-of-way corridor on Federal land
designated pursuant to section 368 of the
Energy Policy Act of 2005 (42 U.S.C. 15926), or
has failed to act by the deadline established
by the Secretary of the Interior pursuant to
this section for deciding whether to issue the
authorization, the applicant or any State in
which the facility would be located may file an
appeal with the President, who shall, in
consultation with the affected agency, review
the denial or failure to take action on the
pending application.
(B) Options.--Based on the overall record and
in consultation with the affected agency, the
President may--
(i) issue the necessary authorization
with any appropriate conditions; or
(ii) deny the application.
(C) Deadline.--The President shall issue a
decision not later than 90 days after the date
of the filing of the appeal.
(D) Federal requirements.--In making a
decision under this paragraph, the President
shall comply with applicable requirements of
Federal law, including any requirements of--
(i) the National Forest Management
Act of 1976 (16 U.S.C. 1600 et seq.);
(ii) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(iii) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
(iv) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(v) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.).
(7) Issuance or denial of authorization by
president.--Paragraph (6) shall not apply to--
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge
System;
(C) a component of the National Wild and
Scenic Rivers System;
(D) a component of the National Trails
System;
(E) a component of the National Wilderness
Preservation System;
(F) a National Monument;
(G) any part of the National Landscape
Conservation System;
(H) a National Preserve;
(I) a National Scenic Area; or
(J) a National Recreation Area.
(8) Energy right-of-way corridors on federal land.--
(A) In general.--In carrying out this
subsection, the Secretary with jurisdiction
over the land shall, to the maximum extent
practicable, use the energy right-of-way
corridors designated in accordance with section
368 of the Energy Policy Act of 2005 (42 U.S.C.
15926).
(B) Additional corridors.--If the Secretary
is unable to use an energy right-of-way
corridor described in subparagraph (A), the
Secretary shall establish an additional
corridor in accordance with section 368(c) of
the Energy Policy Act of 2005 (42 U.S.C.
15926(c)).
(9) Duration.--
(A) In general.--Each Federal land use
authorization for an electricity transmission
facility shall be issued--
(i) for a duration, as determined by
the Secretary with jurisdiction over
the land, commensurate with the
anticipated use of the facility;
(ii) with appropriate authority to
manage the right-of-way for reliability
and environmental protection; and
(iii) consistent with the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and other
applicable law.
(B) Renewal.--On the expiration of the
authorization (including an authorization
issued before the date of enactment of the
American Clean Energy Leadership Act of 2009),
the authorization shall be reviewed for
renewal--
(i) taking fully into account
reliance on the electricity
infrastructure; and
(ii) recognizing the importance of
the authorization for public health,
safety, and economic welfare and as a
legitimate use of Federal land.
(10) Consultation.--In exercising the
responsibilities under this section, the Secretary of
the Interior and the Commission shall consult regularly
with--
(A) electric reliability organizations
(including related regional entities) approved
by the Commission;
(B) Transmission Organizations approved by
the Commission; and
(C) transmission owners and users and other
interested parties.
(11) Implementation.--
(A) Regulations.--Not later than 18 months
after the date of enactment of the American
Clean Energy Leadership Act of 2009, the
Secretary of the Interior and the Commission
shall issue any regulations necessary to carry
out this subsection.
(B) Federal staff and resources.--The head of
each Federal agency with authority to issue a
Federal authorization shall designate a senior
official responsible for, and dedicate
sufficient other staff and resources to ensure,
full implementation of the regulations and
memorandum required under this paragraph.
(g) Evaluation and Recommendations.--The Commission shall--
(1) periodically evaluate whether high-priority
national transmission projects are being constructed in
accordance with the Interconnection-wide transmission
grid plan for high-priority national transmission
projects for both the Western and Eastern
Interconnection areas;
(2) take any necessary actions, pursuant to
applicable law, to address any identified obstacles to
investment, siting, and construction of high-priority
national transmission projects identified as needed
under an Interconnection-wide plan; and
(3) not later than 2 years after the date of
enactment of the American Clean Energy Leadership Act
of 2009, submit to Congress recommendations for any
further actions or authority needed to ensure the
effective and timely development of--
(A) high-priority national transmission
projects; and
(B) transmission projects to access regional
and offshore renewable energy generation.
(h) Report of Secretary.--Not later than 2 years after the
date of enactment of the American Clean Energy Leadership Act
of 2009, the Secretary shall submit to Congress recommendations
for any further actions or authority needed to ensure the
effective and timely development of--
(1) demand response;
(2) energy storage;
(3) distributed generation;
(4) energy efficiency; and
(5) other areas necessary to carry out the policy
established under subsection (a).
(i) Cost Allocation.--
(1) In general.--Not later than 270 days after the
date of enactment of the American Clean Energy
Leadership Act of 2009, the Commission--
(A) shall establish by rule an appropriate
methodology for allocation of the costs of
high-priority national transmission projects,
subject to the requirement that any cost
allocation methodology, and any rates affected
by the cost allocation methodology, shall be
just, reasonable, and not unduly discriminatory
or preferential;
(B) may permit allocation of costs for high-
priority national transmission projects to
load-serving entities within all or a part of a
region, except that costs shall not be
allocated to a region, or subregion, unless the
costs are reasonably proportionate to
measurable economic and reliability benefits;
(C) may permit allocation of costs to
generators of electricity connected by a high-
priority national transmission project; and
(D) shall provide for due deference to cost
allocation proposals supported by broad
agreement among affected States.
(2) Mechanism for collection of costs.--The
Commission shall adopt such rules and require inclusion
of such provisions in transmission tariffs as are
required to provide for--
(A) the efficient collection of allocated
costs for development and operation of high-
priority national transmission projects; and
(B) the distribution of those revenues to
owners of the high-priority national
transmission projects.
(j) Relationship to Other Laws.--
(1) In general.--Except as specifically provided in
this section, nothing in this section affects any
requirement of an environmental or historic
preservation law of the United States, including--
(A) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et
seq.); or
(C) the National Historic Preservation Act
(16 U.S.C. 470 et seq.).
(2) State law.--Nothing in this section precludes any
person from constructing or modifying any transmission
facility in accordance with State law.
(k) Transmission Rights To Support New Generation
Development.--Subject to section 217(b)(4), it is the policy of
the United States that long-term transmission rights of
firmness and duration sufficient to support generation
investment (or equivalent tradable or financial long-term
transmission rights), shall be available under appropriate
terms and conditions to load-serving entities (as defined in
section 217(a)(2)) for long-term power supply arrangements for
new generation facilities using renewable energy.
(l) Resource Assessments.--
(1) In general.--The Secretary shall conduct
nationwide assessments to identify areas with a
significant potential for the development of location-
constrained resources.
(2) Formats.--The resource assessments shall be made
available to the public in multiple formats, including
in a Geographical Information System compatible format.
(3) Timing.--The Secretary shall--
(A) make the initial resource assessment
required under this subsection not later than
180 days after the date of enactment of the
American Clean Energy Leadership Act of 2009;
and
(B) refine the resource assessment on a
regular basis that is consistent with regional
planning cycles.
(4) Technical assistance.--The Secretary shall
provide technical assistance to regional planning
authorities, on request, to assist the authorities in
carrying out this subsection.
(m) Congestion Studies.--Not later than 1 year after the
date of enactment of the American Clean Energy Leadership Act
of 2009 and every 3 years thereafter, the Secretary, in
consultation with affected States and Indian tribes, shall--
(1) conduct a study of electric transmission
congestion; and
(2) submit to the appropriate committees of Congress
a report that describes the results of the study.
(n) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the authority of the Commission under this
section to approve transmission plans and to allocate
costs incurred pursuant to the plans applies to all
transmission providers, generators, and users, owners,
and operators of the power system within the Eastern
and Western Interconnections of the United States,
including entities described in section 201(f).
(2) Regional planning entities.--The Commission shall
have authority over regional planning entities to the
extent necessary to carry out this section.
(3) Project developers.--Nothing in this section
precludes the development, subject to applicable
regulatory requirements, of transmission projects that
are not included in plans developed under this section.
(4) Commission-approved planning processes.--Nothing
in this section affects the approval, siting, or cost
allocation for a project that is authorized pursuant to
planning processes that have been approved by the
Commission.
(5) Exclusions.--This section does not apply in the
State of Alaska or Hawaii or to the Electric
Reliability Council of Texas, unless the State or the
Council voluntarily elects to participate in a cost
allocation plan under this section.
* * * * * * *
SEC. 222. PROHIBITION OF ENERGY MARKET MANIPULATION.
* * * * * * *
(b) No Private Right of Action.--Nothing in this section
shall be construed to create a private right of action.
(c) Cease-and-Desist Orders.--
(1) In general.--If the Commission finds, on a proper
showing, after notice and opportunity for a hearing,
that any entity is manipulating or attempting to
manipulate or has manipulated or attempted to
manipulate any market for the sale of electric energy
at wholesale in interstate commerce in violation of a
rule or regulation prescribed by the Commission under
subsection (a), the Commission may enter an order
requiring the entity to cease and desist from
committing the violation.
(2) Proper showing required.--For purposes of this
subsection, a proper showing is made by demonstrating
that--
(A) an entity has violated a rule or
regulation under subsection (a); and
(B) there is a likelihood of future
violations in the absence of an order under
this subsection.
(d) Temporary Orders.--
(1) In general.--If, in any proceeding under
subsection (c), the Commission finds that a violation
of a rule or regulation prescribed under subsection (a)
is likely to result in significant dissipation or
conversion of assets, significant harm to electric
consumers, or substantial harm to the public interest,
the Commission may enter a temporary order requiring
the respondent--
(A) to cease and desist from the violation;
and
(B) to take such action as the Commission
determines appropriate pending completion of
the proceeding--
(i) to prevent the violation; and
(ii) to prevent dissipation or
conversion of assets, significant harm
to electric consumers, or substantial
harm to the public interest.
(2) Notice and hearing.--A temporary order under this
subsection shall be entered only after notice and
opportunity for a hearing unless the Commission
determines that notice and hearing prior to entry would
be impracticable or contrary to the public interest.
(3) Effective date.--A temporary order shall--
(A) become effective on the date of service
on the respondent; and
(B) unless set aside, limited, or suspended
by the Commission or a court of competent
jurisdiction, remain effective and enforceable
pending the completion of the proceedings.
(4) Commission review.--
(A) In general.--At any time after the
respondent has been served with a temporary
order under this subsection, the respondent may
apply to the Commission to have the order set
aside, limited, or suspended.
(B) Temporary orders without hearings.--If
the respondent has been served with a temporary
order entered without a prior Commission
hearing--
(i) the respondent may, within 10
days after the date on which the order
was served, request a hearing on the
application; and
(ii) the Commission shall hold a
hearing and render a decision on the
application at the earliest possible
time.
(5) Judicial review.--
(A) In general.--The respondent may apply to
an appropriate United States district court for
an order setting aside, limiting, or suspending
the effectiveness or enforcement of the order,
within--
(i) 10 days after the date the
respondent was served with a temporary
order entered with a prior Commission
hearing; or
(ii) 10 days after the Commission
renders a decision on an application
and hearing under paragraph (4) with
respect to any temporary order entered
without a prior Commission hearing.
(B) Jurisdiction.--The United States District
Court for the district in which the respondent
resides or has its principal place of business,
or for the District of Columbia, shall have
jurisdiction to enter an order under this
paragraph.
* * * * * * *
SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH.
* * * * * * *
(d) Report to the Congress.--Within 1 year after enactment
of this section, the Commission shall issue a report and submit
such report to the Congress regarding the recommendations of
the joint boards under this section and the Commission may
consolidate the recommendations of more than one such regional
joint board, including any consensus recommendations for
statutory or regulatory reform.
SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Critical electric infrastructure.--The term
`critical electric infrastructure' means systems and
assets, whether physical or virtual, used for the
generation, transmission, or distribution of electric
energy affecting interstate commerce that, as
determined by the Commission or the Secretary (as
appropriate), are so vital to the United States that
the incapacity or destruction of the systems and assets
would have a debilitating impact on national security,
national economic security, or national public health
or safety.
(2) Critical electric infrastructure information.--
The term `critical electric infrastructure information'
means critical infrastructure information relating to
critical electric infrastructure.
(3) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning
given the term in section 212 of the Critical
Infrastructure Information Act of 2002 (6 U.S.C. 131).
(4) Cyber security threat.--The term `cyber security
threat' means the imminent danger of an act that
disrupts, attempts to disrupt, or poses a significant
risk of disrupting the operation of programmable
electronic devices or communications networks
(including hardware, software, and data) essential to
the reliable operation of critical electric
infrastructure.
(5) Cyber security vulnerability.--The term `cyber
security vulnerability' means a weakness or flaw in the
design or operation of any programmable electronic
device or communication network that exposes critical
electric infrastructure to a cyber security threat.
(6) Secretary.--The term `Secretary' means the
Secretary of Energy.
(b) Authority of Commission.--
(1) In general.--The Commission shall issue such
rules or orders as are necessary to protect critical
electric infrastructure from cyber security
vulnerabilities.
(2) Expedited procedures.--The Commission may issue a
rule or order without prior notice or hearing if the
Commission determines the rule or order must be issued
immediately to protect critical electric infrastructure
from a cyber security vulnerability.
(3) Consultation.--Before issuing a rule or order
under paragraph (2), to the extent practicable, taking
into account the nature of the threat and urgency of
need for action, the Commission shall consult with the
entities described in subsection (e)(1) and with
officials at other Federal agencies, as appropriate,
regarding implementation of actions that will
effectively address the identified cyber security
vulnerabilities.
(4) Termination of rules or orders.--A rule or order
issued to address a cyber security vulnerability under
this subsection shall expire on the effective date of a
standard developed and approved pursuant to section 215
to address the cyber security vulnerability.
(c) Emergency Authority of Secretary.--
(1) In general.--If the Secretary determines that
immediate action is necessary to protect critical
electric infrastructure from a cyber security threat,
the Secretary may require, by order, with or without
notice, persons subject to the jurisdiction of the
Commission under this section to take such actions as
the Secretary determines will best avert or mitigate
the cyber security threat.
(2) Coordination with canada and mexico.--In
exercising the authority granted under this subsection,
the Secretary is encouraged to consult and coordinate
with the appropriate officials in Canada and Mexico
responsible for the protection of cyber security of the
interconnected North American electricity grid.
(3) Consultation.--Before exercising the authority
granted under this subsection, to the extent
practicable, taking into account the nature of the
threat and urgency of need for action, the Secretary
shall consult with the entities described in subsection
(e)(1) and with officials at other Federal agencies, as
appropriate, regarding implementation of actions that
will effectively address the identified cyber security
threat.
(4) Cost recovery.--The Commission shall establish a
mechanism that permits public utilities to recover
prudently incurred costs required to implement
immediate actions ordered by the Secretary under this
subsection.
(d) Duration of Expedited or Emergency Rules or Orders.--
Any rule or order issued by the Commission without prior notice
or hearing under subsection (b)(2) or any order issued by the
Secretary under subsection (c) shall remain effective for not
more than 90 days unless, during the 90 day-period, the
Commission--
(1) gives interested persons an opportunity to submit
written data, views, or arguments (with or without
opportunity for oral presentation); and
(2) affirms, amends, or repeals the rule or order.
(e) Jurisdiction.--
(1) In general.--Notwithstanding section 201, this
section shall apply to any entity that owns, controls,
or operates critical electric infrastructure.
(2) Covered entities.
(A) In general.--An entity described in
paragraph (1) shall be subject to the
jurisdiction of the Commission for purposes
of--
(i) carrying out this section; and
(ii) applying the enforcement
authorities of this Act with respect to
this section.
(B) Jurisdiction.--This subsection shall not
make an electric utility or any other entity
subject to the jurisdiction of the Commission
for any other purpose.
(3) Alaska and hawaii excluded.--Except as provided
in subsection (f), nothing in this section shall apply
in the State of Alaska or Hawaii.
(f) Defense Facilities.--Not later than 1 year after the
date of enactment of this section, the Secretary of Defense
shall prepare, in consultation with the Secretary, the States
of Alaska and Hawaii, the Territory of Guam, and the electric
utilities that serve national defense facilities in those
States and Territory, a comprehensive plan that identifies the
emergency measures or actions that will be taken to protect the
reliability of the electric power supply of the national
defense facilities located in those States and Territory in the
event of an imminent cybersecurity threat.
(g) Protection of Critical Electric Infrastructure
Information.--
(1) In general.--Section 214 of the Critical
Infrastructure Information Act of 2002 (6 U.S.C. 133)
shall apply to critical electric infrastructure
information submitted to the Commission or the
Secretary under this section to the same extent as that
section applies to critical infrastructure information
voluntarily submitted to the Department of Homeland
Security under that Act (6 U.S.C. 131 et seq.).
(2) Rules prohibiting disclosure.--Notwithstanding
section 552 of title 5, United States Code, the
Secretary and the Commission shall prescribe
regulations prohibiting disclosure of information
obtained or developed in ensuring cyber security under
this section if the Secretary or Commission, as
appropriate, decides disclosing the information would
be detrimental to the security of critical electric
infrastructure.
(3) Procedures for sharing information.--
(A) In general.--The Secretary and the
Commission shall establish procedures on the
release of critical infrastructure information
to entities subject to this section, to the
extent necessary to enable the entities to
implement rules or orders of the Commission or
the Secretary.
(B) Requirements.--The procedures shall--
(i) limit the redissemination of
information described in subparagraph
(A) to ensure that the information is
not used for an unauthorized purpose;
(ii) ensure the security and
confidentiality of the information;
(iii) protect the constitutional and
statutory rights of any individuals who
are subjects of the information; and
(iv) provide data integrity through
the timely removal and destruction of
obsolete or erroneous names and
information.
NATURAL GAS ACT
Act of June 21, 1938, Chapter 556, as Amended
AN ACT To regulate the transportation and sale of natural gas in
interstate commerce, and for other purposes
* * * * * * *
[SEC. 4A. IT]
SEC. 4A. PROHIBITION ON MARKET MANIPULATION.
(a) In General.--It shall be unlawful for any entity,
directly or indirectly, to use or employ, in connection with
the purchase or sale of natural gas or the purchase or sale of
transportation services subject to the jurisdiction of the
Commission, any manipulative or deceptive device or contrivance
(as those terms are used in section 10(b) of the Securities
Exchange Act of 1934 (15 U.S.C. 78j(b)) in contravention of
such rules and regulations as the Commission may prescribe as
necessary in the public interest or for the protection of
natural gas ratepayers. Nothing in this section shall be
construed to create a private right of action.
(b) Cease-and-Desist Orders.--
(1) In general.--If the Commission finds, on a proper
showing, after notice and opportunity for a hearing,
that any entity is manipulating or attempting to
manipulate or has manipulated or attempted to
manipulate the market for the purchase or sale of
natural gas or the purchase or sale of transportation
services subject to the jurisdiction of the Commission
in violation of a rule or regulation prescribed by the
Commission under subsection (a), the Commission may
make and enter an order requiring the entity to cease
and desist from committing the violation.
(2) Proper showing required.--For purposes of this
subsection, a proper showing is made by demonstrating
that--
(A) an entity has violated a rule or
regulation under subsection (a); and
(B) there is a likelihood of future
violations in the absence of an order under
this subsection.
(c) Temporary Orders.--
(1) In general.--If, in any proceeding under
subsection (b), the Commission finds that a violation
of a rule or regulation prescribed under subsection (a)
is likely to result in significant dissipation or
conversion of assets, significant harm to natural gas
consumers, or substantial harm to the public interest,
the Commission may enter a temporary order requiring
the respondent--
(A) to cease and desist from the violation;
and
(B) to take such action as the Commission
determines appropriate pending completion of
the proceeding--
(i) to prevent the violation; and
(ii) to prevent dissipation or
conversion of assets, significant harm
to natural gas consumers, or
substantial harm to the public
interest.
(2) Notice and hearing.--A temporary order under this
subsection shall be entered only after notice and
opportunity for a hearing unless the Commission
determines that notice and hearing prior to entry would
be impracticable or contrary to the public interest.
(3) Effective date.--A temporary order shall--
(A) become effective on the date of service
on the respondent; and
(B) unless set aside, limited, or suspended
by the Commission or a court of competent
jurisdiction, remain effective and enforceable
pending the completion of the proceedings.
(4) Commission review.--
(A) In general.--At any time after the
respondent has been served with a temporary
order under this subsection, the respondent may
apply to the Commission to have the order set
aside, limited, or suspended.
(B) Temporary orders without hearings.--If
the respondent has been served with a temporary
order entered without a prior Commission
hearing
(i) the respondent may, within 10
days after the date on which the order
was served, request a hearing on the
application; and
(ii) the Commission shall hold a
hearing and render a decision on such
application at the earliest possible
time.
(5) Judicial review.--
(A) In general.--The respondent may apply to
an appropriate United States district court for
an order setting aside, limiting, or suspending
the effectiveness or enforcement of the order,
within--
(i) 10 days after the date the
respondent was served with a temporary
order entered with a prior Commission
hearing; or
(ii) 10 days after the Commission
renders a decision on an application
and hearing under paragraph (4) with
respect to any temporary order entered
without a prior Commission hearing.
(B) Jurisdiction.--The United States District
Court for the district in which the respondent
resides or has its principal place of business,
or for the District of Columbia, shall have
jurisdiction to enter an order under this
paragraph.
* * * * * * *
SEC. 22. CIVIL PENALTY AUTHORITY
* * * * * * *
(b) The penalty shall be assessed by the Commission after
notice and opportunity for public hearing, in accordance with
the same provisions as are applicable under section 31(d) of
the Federal Power Act (16 U.S.C. 823b(d)) in the case of civil
penalties assessed under section 31 of the Federal Power Act
(16 U.S.C. 823b).
* * * * * * *
OUTER CONTINENTAL SHELF LANDS ACT
Act of August 7, 1953, Chapter 345, as Amended
AN ACT To provide for the jurisdiction of the United States over the
submerged lands of the outer Continental Shelf, and to authorize the
Secretary of the Interior to lease such lands for certain purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Outer Continental Shelf Lands Act''.
* * * * * * *
SEC. 12. RESERVATIONS.
(a) The President of the United States may, from time to
time, withdraw from disposition any of the unleased lands of
the outer Continental Shelf.
(b) In time of war, or when the President shall so
prescribe, the United States shall have the right of first
refusal to purchase at the market price all or any portion of
any mineral produced from the outer Continental Shelf.
(c) All leases issued under this Act, and leases, the
maintenance and operation of which are authorized under this
Act, shall contain or be construed to contain a provision
whereby authority is vested in the Secretary, upon a
recommendation of the Secretary of Defense, during a state of
war or national emergency declared by the Congress or the
President of the United States after the effective date of this
Act, to suspend operations under any lease; and all such leases
shall contain or be construed to contain provisions for the
payment of just compensation to the lessee whose operations are
thus suspended.
(d) [The United States]
(1) In general.--The United States reserves and
retains the right to designate by and through the
Secretary of Defense, with the approval of the
President, as areas restricted from exploration and
operation that part of the outer Continental Shelf
needed for national defense; and so long as such
designation remains in effect no exploration or
operations may be conducted on any part of the surface
of such area except with the concurrence of the
Secretary of Defense; and if operations or production
under any lease theretofore issued on lands within any
such restricted area shall be suspended, any payment of
rentals, minimum royalty, and royalty prescribed by
such lease likewise shall be suspended during such
period of suspension of operation and production, and
the term of such lease shall be extended by adding
thereto any such suspension period, and the United
States shall be liable to the lessee for such
compensation as is required to be paid under the
Constitution of the United States.
(2) Review.--Annually, the Secretary of Defense
shall--
(A) review the areas of the outer Continental
Shelf that have been designated as restricted
from exploration and operation to determine
whether the areas should remain under
restriction; and
(B) based on the review under subparagraph
(A), make recommendations to the President.
* * * * * * *
GEOTHERMAL STEAM ACT OF 1970
Public Law 91-581, Approved December 24, 1970, as Amended
AN ACT To authorize the Secretary of the Interior to make disposition
of geothermal steam and associated geothermal resources, and for other
purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Geothermal Steam Act of 1970''.
* * * * * * *
SEC. 4. LEASING PROCEDURES.
* * * * * * *
(b) Competitive Lease Sale Required.--
(1) In general.--Except as otherwise specifically
provided by this Act, all land to be leased that is not
subject to leasing under subsection (c) shall be leased
as provided in this subsection to the highest
responsible qualified bidder, as determined by the
Secretary.
(2) Competitive lease sales.--The Secretary shall
hold a competitive lease sale at least once every 2
years for land in a State that has nominations pending
under subsection (a) if the land is otherwise available
for leasing.
(3) Lands subject to mining claims.--Lands that are
subject to a mining claim for which a plan of
operations has been approved by the relevant Federal
land management agency may be available for
noncompetitive leasing under this section to the mining
claim holder.
(4) Land subject to oil and gas lease.--Land under an
oil and gas lease issued pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.)
that is subject to an approved application for permit
to drill and from which oil and gas production is
occurring may be available for leasing under subsection
(c) by the holder of the oil and gas lease.--
(A) on a determination that--
(i) geothermal energy will be
produced from a well producing or
capable of producing oil and gas; and
(ii) the public interest will be
served by the issuance of such a lease;
and
(B) in order to provide for the coproduction
of geothermal energy with oil and gas.
* * * * * * *
THE TRANS-ALASKA PIPELINE AUTHORIZATION ACT
Public Law 93-153, Approved November 16, 1973, as Amended
AN ACT To amend Section 28 of the Mineral Leasing Act of 1920, and to
authorize a Trans-Alaska Oil Pipeline, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II
SEC. 201. SHORT TITLE.
This title may be cited as the ``Trans-Alaska Pipeline
Authorization Act''.
* * * * * * *
SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM CERTAIN
REQUIREMENTS.
(a) In General.--Except as provided in subsection (b), no
part of the trans-Alaska oil pipeline system shall be
considered to be a district, site, building, structure, or
object for purposes of section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), regardless of whether all or
part of the trans-Alaska oil pipeline system may otherwise be
listed on, or eligible for listing on, the National Register of
Historic Places.
(b) Individual Elements.--
(1) In general.--Subject to subsection (c), the
Secretary of the Interior may identify up to 3 sections
of the trans-Alaska oil pipeline system that possess
national or exceptional historic significance, and that
should remain after the pipeline is no longer used for
the purpose of oil transportation.
(2) Historic site.--Any sections identified under
paragraph (1) shall be considered to be a historic
site.
(3) Views.--In making the identification under this
subsection, the Secretary shall consider the views of--
(A) the owners of the pipeline;
(B) the State Historic Preservation Officer;
(C) the Advisory Council on Historic
Preservation; and
(D) the Federal Coordinator for Alaska
Natural Gas Transportation Projects.
(c) Construction, Maintenance, Restoration, and
Rehabilitation Activities.--Subsection (b) does not prohibit
the owners of the trans-Alaska oil pipeline system from
carrying out construction, maintenance, restoration, or
rehabilitation activities on or for a section of the system
described in subsection (b).
* * * * * * *
ENERGY POLICY AND CONSERVATION ACT
Public Law 94-163, Approved December 22, 1975, as Amended
AN ACT To increase domestic energy supplies and availability; to
restrain energy demand; to prepare for energy emergencies; and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Energy Policy and Conservation Act''.
TABLE OF CONTENTS
Sec. 2. Statement of purposes.
Sec. 3. Definitions.
* * * * * * *
TITLE III--IMPROVING ENERGY EFFICIENCY
* * * * * * *
PART C--CERTAIN INDUSTRIAL EQUIPMENT
Sec. 340. Definitions.
Sec. 341. Purpose and coverage.
Sec. 342. Standards.
Sec. 343. Test procedures.
Sec. 344. Labeling requirements.
Sec. 345. Administration, penalties, enforcement, and preemption.
Sec. 346. Energy conservation standards for high-intensity discharge
lamps, distribution transformers, and small electric motors.
Sec. 347. Motor efficiency rebate program.
* * * * * * *
PART E--INDUSTRIAL ENERGY EFFICIENCY
* * * * * * *
Sec. 375. Clean Energy Application Centers.
Sec. 376. Sustainable manufacturing initiative.
* * * * * * *
TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY
* * * * * * *
PART B--STRATEGIC PETROLEUM RESERVE
* * * * * * *
SEC. 154. STRATEGIC PETROLEUM RESERVE
(a) A Strategic Petroleum Reserve for the storage of up to
[1 billion barrels of petroleum products] 1,000,000,000 barrels
of petroleum products (including at least 30,000,000 barrels of
refined petroleum products shall be created pursuant to this
part.
* * * * * * *
SEC. 155. PLAN.
Not later than 180 days after the date of enactment of this
section, the Secretary shall submit to the President and, if
the President approves, to Congress, a plan to include refined
petroleum products in the Strategic Petroleum Reserve,
including a description of--
(1) the disposition of refined petroleum products
that shall be stored in the Reserve, which shall be
selected--
(A) to alleviate shortages that might be
expected to result from hurricanes,
earthquakes, or other acts of nature; and
(B) to minimize the number of different kinds
of refined petroleum products that shall be
stored;
(2) the method of acquisition of refined petroleum
products for storage in the Reserve, which shall
(A) be intended to minimize both the cost and
market disruption associated with the
acquisition; and
(B) include--
(i) an analysis of the option of
exchanging crude oil from the Reserve
for refined petroleum products; and
(ii) the anticipated time requirement
for building the inventory of refined
petroleum products;
(3) storage facility options for the storage of
refined petroleum products, including the anticipated
location of existing or new facilities;
(4) the estimated costs of establishment,
maintenance, and operation of the refined petroleum
product component of the Reserve;
(5) efforts the Department will take to ensure that
distributors and importers are not discouraged from
maintaining and increasing supplies of refined
petroleum products; and
(6) actions that will be taken to ensure quality of
refined petroleum products in the Reserve, including
the rotation of products stored.
* * * * * * *
[Sec. 160. (a) The Secretary may acquire, place in storage,
transport, or exchange--
[(1) crude oil produced from Federal lands
[(2) crude oil which the United States is entitled to
receive in kind as royalties from production on Federal
lands; and
[(3) petroleum products acquired by purchase,
exchange, or otherwise.]
SEC. 160. PETROLEUM PRODUCTS FOR STORAGE IN THE RESERVE
(a) Authority of Secretary.--
(1) In general.--The Secretary may acquire, place in
storage, transport, or exchange--
(A) crude oil produced from Federal lands;
(B) crude oil which the United States is
entitled to receive in kind as royalties from
production on Federal lands; and
(C) in accordance with paragraph (2,)
petroleum products acquired by purchase,
exchange, or otherwise.
(2) Monetary compensation.--In acquiring petroleum
products under paragraph (1)(C), the Secretary may
accept monetary compensation for differences in volume,
quality, or time of delivery as a result of--
(A) exchanges or deferrals of deliveries in
the event that the reserve inventory is at the
rated capacity of the reserve inventory; or
(B) discrepancies in delivered volumes with
respect to contractual volumes.
* * * * * * *
SEC. 161. DRAWDOWN AND SALE OF PETROLEUM PRODUCTS
* * * * * * *
[(d)(1) Drawdown and sale of petroleum products from the
Strategic Petroleum Reserve may not be made unless the
President has found drawdown and sale are required by a severe
energy supply interruption or by obligations of the United
States under the international energy program.
[(2) For purposes of this section, in addition to the
circumstances set forth in section 3(8), a severe energy supply
interruption shall be deemed to exist if the President
determines that--
[(A) an emergency situation exists and there is a
significant reduction in supply which is of significant
scope and duration;
[(B) a severe increase in the price of petroleum
products has resulted from such emergency situation;
and
[(C) such price increase is likely to cause a major
adverse impact on the national economy.]
(d) Limitation on Drawdown and Sale.--
(1) In general.--The drawdown and sale of petroleum
products from the Strategic Petroleum Reserve may not
be made unless the Secretary determines that--
(A) the drawdown and sale are required by--
(i) a severe energy market supply
disruption; or
(ii) obligations of the United States
under the international energy program;
or
(B) in the case of the refined petroleum
product component of the Reserve, a sale of
refined petroleum products will mitigate the
impacts of weather-related events or other acts
of nature that have resulted in a severe energy
market supply disruption.
(2) Severe energy market supply disruption.--For
purpose of this subsection, a severe energy market
supply disruption shall be considered to exist if the
Secretary determines that--
(A) an emergency situation exists and there
is a disruption in global oil markets of
significant scope and duration;
(B) a severe increase in the price of
petroleum products has resulted, or is likely
to result, from the emergency situation; and
(C) the price increase is likely to cause a
major adverse impact on the national economy.
(e)(1) The Secretary shall sell petroleum products
withdrawn from the Strategic Petroleum Reserve at public sale
to the highest qualified bidder in the amounts, for the period,
and after a notice of sale considered appropriate by the
Secretary, and without regard to Federal, State, or local
regulations controlling sales of petroleum products.
* * * * * * *
(h)(1) If [the President] the Secretary finds that--
(A) a circumstance, other than those described in
subsection (d), exists that constitutes, or is likely
to become, a domestic or international energy supply
shortage of significant scope or duration;
* * * * * * *
(i) Notwithstanding any other law, [the President] the
Secretary may permit any petroleum products withdrawn from the
Strategic Petroleum Reserve in accordance with this section to
be sold and delivered for refining or exchange outside of the
United States, in connection with an arrangement for the
delivery of refined petroleum products to the United States.
* * * * * * *
SEC. 167. SPR PETROLEUM ACCOUNT
* * * * * * *
(b) Amounts in the Account may be obligated by the
Secretary of Energy for the acquisition, transportation, and
injection of petroleum products into the Strategic Petroleum
Reserve, for test sales of petroleum products from the Reserve,
and for the drawdown, sale, and delivery of petroleum products
from the Reserve--
[(2)] (1) in the case of any fiscal year, subject to
section 660 of the Department of Energy Organization
Act, in such aggregate amounts as may be appropriated
in advance in appropriation Acts[; and];
[(3)] (2) in the case of any fiscal year,
notwithstanding section 660 of the Department of Energy
Organization Act, in an aggregate amount equal to the
aggregate amount of the receipts to the United States
from the sale of petroleum products in any drawdown and
distribution of the Strategic Petroleum Reserve under
section 161, including a drawdown and distribution
carried out under subsection (g) of such section, or
from the sale of petroleum products under section
160(f). Funds available to the Secretary of Energy for
obligation under this subsection may remain available
without fiscal year limitation[.]; and
(3) notwithstanding section 660 of the Department of
Energy Organization Act (42 U.S.C. 7270), for each
fiscal year, in an aggregate amount equal to the
aggregate amount of the receipts to the United States
from any exchange of petroleum products or
discrepancies in delivered volume under section 160
(including section 160(a)(1)(C)).''.
* * * * * * *
TITLE III--IMPROVING ENERGY EFFICIENCY
* * * * * * *
PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN
AUTOMOBILES
SEC. 321. DEFINITIONS.
* * * * * * *
(67) Art work light fixture.--The term ``art work
light fixture'' means a light fixture designed only to
be mounted directly to an art work and for the purpose
of illuminating that art work.
(68) Led light engine.--The term ``LED light engine''
or ``LED light engine with integral heat sink'' means a
subsystem of an LED light fixture that--
(A) includes 1 or more LED components,
including--
(i) an LED driver power source with
electrical and mechanical interfaces;
and
(ii) an integral heat sink to provide
thermal dissipation; and
(B) may be designed to accept additional
components that provide aesthetic, optical, and
environmental control.
(69) LED light fixture.--The term ``LED light
fixture'' means a complete lighting unit consisting of
(A) an LED light source with 1 or more LED
lamps or LED light engines; and
(B) parts--
(i) to distribute the light;
(ii) to position and protect the
light source; and
(iii) to connect the light source to
electrical power.
(70) Light fixture.--The term ``light fixture'' means
a product designed to provide light that includes
(A) at least 1 lamp socket; and
(B) parts--
(i) to distribute the light;
(ii) to position and protect 1 or
more lamps; and
(iii) to connect 1 or more lamps to a
power supply.
(71) Portable light fixture.----
(A) In general.--The term ``portable light
fixture'' means a light fixture that has a
flexible cord and an attachment plug for
connection to a nominal 120-volt circuit that--
(i) allows the user to relocate the
product without any rewiring; and
(ii) typically can be controlled with
a switch located on the product or the
power cord of the product.
(B) Exclusions.--The term ``portable light
fixture'' does not include--
(i) direct plug-in night lights, sun
or heat lamps, medical or dental
lights, portable electric hand lamps,
signs or commercial advertising
displays, photographic lamps,
germicidal lamps, or light fixtures for
marine use or for use in hazardous
locations (as those terms are defined
in ANSI/NFPA 70 of the National
Electrical Code); or
(ii) decorative lighting strings,
decorative lighting outfits, or
electric candles or candelabra without
lamp shades that are covered by
Underwriter Laboratories (UL) standard
588, ``Seasonal and Holiday Decorative
Products''.''.
(72) GU-24.--The term ``GU-24'' means the designation
of a lamp socket, based on a coding system by the
International Electrotechnical Commission, under
which--
(A) ``G'' indicates a holder and socket type
with 2 or more projecting contacts, such as
pins or posts;
(B) ``U'' distinguishes between lamp and
holder designs of similar type that are not
interchangeable due to electrical or mechanical
requirements; and
(C) 24 indicates the distance in millimeters
between the electrical contact posts.
(73) GU-24 adaptor.--
(A) In general.--The term ``GU-24 Adaptor''
means a 1-piece device, pig-tail, wiring
harness, or other such socket or base
attachment that--
(i) connects to a GU-24 socket on 1
end and provides a different type of
socket or connection on the other end;
and
(ii) does not alter the voltage.
(B) Exclusion.--The term ``GU-24 Adaptor''
does not include a fluorescent ballast with a
GU-24 base.
(74) GU-24 base lamp. The term ``GU-24 base lamp''
means a light bulb designed to fit in a GU-24 socket.
* * * * * * *
SEC. 322. COVERAGE.
(a) In general.--The following consumer products, excluding
those consumer products designed solely for use in recreational
vehicles and other mobile equipment, are covered products:
(17) Water closets.
(18) Urinals.
(19) Metal halide lamp fixtures.
(20) Portable light fixtures.
[(20)] (21) Any other type of consumer product which
the Secretary classifies as a covered product under
subsection (b).
* * * * * * *
SEC. 323. TEST PROCEDURES.
* * * * * * *
(b) Amended and New Procedures.--
(1) Test procedures.--
(A) Amendment.--At least once every 7 years,
the Secretary shall review test procedures for
all covered products and--
(i) [amend] publish in the Federal
Register amended 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) Petitions.--
(i) In general.--In the case of any
covered product, any person may
petition the Secretary to conduct a
rulemaking--
(I) to prescribe a test
procedure for the covered
product; or
(II) to amend the test
procedures applicable to the
covered product to more
accurately or fully comply with
paragraph (3).
(ii) Determination.--The Secretary
shall--
(I) not later than 90 days
after the date of receipt of
the petition, publish the
petition in the Federal
Register; and
(II) not later than 180 days
after the date of receipt of
the petition, grant or deny the
petition.
(iii) Basis.--The Secretary shall
grant a petition if the Secretary finds
that the petition contains evidence
that, assuming no other evidence was
considered, provides an adequate basis
for determining that an amended test
method would more accurately or fully
comply with paragraph.
(iv) Effect on other requirements.--
The granting of a petition by the
Secretary under this subparagraph shall
create no presumption with respect to
the determination of the Secretary that
the proposed test procedure meets the
requirements of paragraph (3).
(v) Rulemaking.--
(I) In general.--Except as
provided in subclause (II), not
later than the end of the 18-
month period beginning on the
date of granting a petition,
the Secretary shall publish an
amended test method or a
determination not to amend the
test method.
(II) Extension.--The
Secretary may extend the period
described in subclause (I) for
1 additional year.
(III) Direct final rule. The
Secretary may adopt a consensus
test procedure in accordance
with the direct final rule
procedure established under
section 325(p)(4).
* * * * * * *
(18) Metal halide lamp ballasts.--Test procedures for
metal halide lamp ballasts shall be based on ANSI
Standard C82.6-2005, entitled ``Ballasts for High
Intensity Discharge Lamps--Method of Measurement''.
(19) LED fixtures and led light engines.--Test
procedures for LED fixtures and LED light engines shall
be based on Illuminating Engineering Society of North
America test procedure LM-79, Approved Method for
Electrical and Photometric Testing of Solid-State
Lighting Devices and an IES-approved test procedure for
testing LED light engines.
* * * * * * *
SEC. 324A. ENERGY STAR PROGRAM.
* * * * * * *
(b) Division of Responsibilities.--[Responsibilities]
(1) In general.--Responsibilities under the program
shall be divided between the Department of Energy and
the Environmental Protection Agency in accordance with
the terms of applicable agreements between those
agencies; and
(2) Update.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary and the
Administrator shall update the agreements described in
paragraph (1), including agreements on provisions that
provide--
(A) a clear delineation of the roles and
responsibilities of each agency that is based
on the resources and areas of expertise of each
agency;
(B) a formal process for high-level decision
making that allows each agency to make specific
programmatic decisions based on the program
approaches of each agency;
(C) a facilitated annual planning meeting
that establishes strategic priorities and goals
for the coming year;
(D) a prescribed course of action to work
through differences and disagreements;
(E) a facilitated biannual program review
conducted by a third party that--
(i) incorporates an assessment of
program progress, partner acceptance,
the achievement of program goals, and
future strategic planning; and
(ii) is evaluated by the Council on
Environmental Quality, which shall
appraise the findings in the review and
work with the agencies to resolve any
negative findings; and
(F) a sunset date for the new agreement and a
timetable for establishing future agreements
based on priorities at that time.
(c) Duties.--The Administrator and the Secretary shall--
(1) promote Energy Star compliant technologies as the
preferred technologies in the marketplace for--
* * * * * * *
(6) on adoption of a new or revised product category,
specification, or criterion, provide reasonable notice
to interested parties of any changes (including
effective dates) in product categories, specifications,
or criteria, along with--
(A) an explanation of the changes; and
(B) as appropriate, responses to comments
submitted by interested parties; [and]
(7) provide appropriate lead time (which shall be 270
days, unless the Agency or Department specifies
otherwise) prior to the applicable effective date for a
new or a significant revision[.];
(8)(A) review each product category--
(i) at least once every 3 years; or
(ii) when market share for an Energy Star
product category reaches 35 percent;
(B) based on the review--
(i) update and publish the Energy Star
product criteria for the category; or
(ii) publish a finding that no update is
justified with the explanation for the finding;
and
(C) require that--
(i) industry consensus test methods
established by the Department of Energy shall--
(I) take into consideration test
procedures or rating procedures
developed by industry standards
organizations; and
(II) be used for all solid-state
lighting products, including--
(aa) integral luminaries;
(bb) integral replacement
lamps;
(cc) light engines; and
(ii) in accordance with the commercialization
support provisions of section 912 of the Energy
Policy Act of 2005 (42 U.S.C 16192), the
Department of Energy shall assume all
responsibility for the implementation of an
Energy Star program for solid-state lighting;
and
(D) during the initial review for each product
category, establish an alternative market share to
trigger subsequent reviews, based on product-specific
technology and market attributes;
(9) require a demonstration of compliance with the
Energy Star criteria by qualified products, except
that--
(A) the demonstration shall be conducted in
accordance with appropriate methods determined
for each product type by the Secretary or the
Administrator of the Environmental Protection
Agency (as appropriate), including--
(i) third-party verification;
(ii) third-party certification;
(iii) purchase and testing of
products from the market; or
(iv) other verified testing and
compliance approaches; and
(B) the Secretary or the Administrator may
exempt specific types of products from the
requirements of this subparagraph if the
Secretary or Administrator finds that--
(i) the benefits to the Energy Star
program of verifying product
performance are substantially exceeded
by the burdens; or
(ii) there are no benefits to the
Energy Star program; and
(10) develop and publish standardized building energy
audit methods.
* * * * * * *
SEC. 324A. ENERGY STAR PROGRAM.
* * * * * * *
(e) Study Regarding Energy Superstar Concept.--
(1) Study.--
(A) In general.--As soon as practicable after
the date of enactment of this subsection, in
accordance with subparagraph (B), the Secretary
and the Administrator of the Environmental
Protection Agency (referred to in this
subsection as the `heads of the Federal
agencies concerned') shall carry out jointly a
study to determine the feasibility and
advisability of adding to the Energy Star
program of the Environmental Protection Agency
and the Department of Energy a component to be
known as the `Energy Superstar tier' under
which--
(i) the tier would recognize the top
performing products and buildings
(which would include the top
approximately 5 percent of the market)
that are determined to be products that
are cost-effective to consumers; and
(ii) at least a portion of the Energy
Star product categories would be
included under the tier.
(B) Requirements. In carrying out the study
under subparagraph (A), the heads of the
Federal agencies concerned shall--
(i) examine the costs and benefits,
and advantages and disadvantages, of
establishing the Energy Superstar tier;
(ii) survey a sample of program
participants (including builders,
manufacturers, energy efficiency
program operators and other interested
parties) to determine the opinions of
the program participants regarding the
potential usefulness of the Energy
Superstar tier; and
(iii) conduct an examination to
determine whether the Energy Superstar
tier will cause an undesirable dilution
of the Energy Star brand.
(2) Report.--Not later than 1 year after the date of
enactment of this subsection, the heads of the Federal
agencies concerned shall jointly submit to the
appropriate committees of Congress a report that
contains each recommendation of the heads of the
Federal agencies concerned regarding--
(A) whether the Energy Superstar tier should
be established; and
(B) if the heads of the Federal agencies
concerned recommend the establishment of the
Energy Superstar tier under subparagraph (A), a
proposed schedule and budget for the
establishment and implementation of the Energy
Superstar tier.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) to the Department of Energy $25,000,000 for each
fiscal year; and
(2) to the Environmental Protection Agency
$100,000,000 for each fiscal year.
* * * * * * *
SEC. 325. ENERGY CONSERVATION STANDARDS.
* * * * * * *
(i) General Service Fluorescent Lamps, General Service
Incandescent Lamps, Intermediate Base Incandescent Lamps,
Candelabra Base Incandescent Lamps, and Incandescent Reflector
Lamps.--
* * * * * * *
(8) Not later than the date on which standards
established pursuant to this subsection become
effective, or, with respect to high-intensity discharge
lamps covered under section 346, the effective date of
standards established pursuant to such section, each
manufacturer of a product to which such standards are
applicable shall file with the Secretary a laboratory
report certifying compliance with the applicable
standard for each lamp type. Such report shall include
the lumen output and wattage consumption for each lamp
type as an average of measurements taken over the
preceding 12-month period. With respect to lamp types
which are not manufactured during the 12-month period
preceding the date such standards become effective,
such report shall be filed with the Secretary not later
than the date which is 12 months after the date
manufacturing is commenced and shall include the lumen
output and wattage consumption for each such lamp type
as an average of measurements taken during such 12-
month period.
(9) Certain incandescent reflector lamps.--
(A) In general.--Not later than July 1, 2011,
the Secretary shall publish a final rule
establishing standards for incandescent
reflector lamp types described in paragraph
(1)(C).
(B) Effective date.--The standards described
in subparagraph (A) shall take effect on July
1, 2013.
(C) Standards.--In conducting a rulemaking
for incandescent reflector lamps under this
paragraph after the date of enactment of this
paragraph, the Secretary shall consider the
standards for all incandescent reflector lamps,
including lamp types described in
paragraph(1)(C).
(10) Reflector lamps.--
(A) In general.--Not later than January 1,
2015, the Secretary shall publish a final rule
establishing and amending standards for
reflector lamps, including incandescent
reflector lamps.
(B) Administration.--In conducting the
rulemaking for reflector lamps under this
paragraph, the Secretary shall consider--
(i) incandescent and nonincandescent
technologies; and
(ii) a new metric, other than lumens
per watt, that is based on the
photometric distribution of those
lamps.
(C) Effective date.--The standards described
in subparagraph (A) shall take effect not
earlier than the date that is 3 years after the
date of publication of the final rule, as
determined by the Secretary.
* * * * * * *
(l) Standards for Other Covered Products.--(1) The
Secretary may prescribe an energy conservation standard for any
type (or class) of covered products of a type specified in
[paragraph (19)] paragraph (21) of section 322(a) if the
requirements--
* * * * * * *
(2) Any new or amended standard for covered products of a
type specified in [paragraph (19)] paragraph (21) of section
322(a) shall not apply to products manufactured within five
years after the publication of a final rule establishing such
standard.
* * * * * * *
(n) Petition for an Amended Standard.--
* * * * * * *
(2) The Secretary shall grant a petition if he finds
that it contains evidence which, assuming no other
evidence were considered, provides an adequate basis
for amending the standards under the following
criteria--
(A) amended standards will result in
significant conservation of energy;
(B) amended standards are technologically
feasible; and
(C) amended standards are cost effective as
described in subsection (o)(2)(B)(i)(II).
The grant of a petition by the Secretary under this
subsection creates no presumption with respect to the
Secretary's determination of any of the criteria in a
rulemaking under this section.
(3) Notice of decision.--Not later than 180 days
after the date of receiving a petition, the Secretary
shall publish in the Federal Register a notice of, and
explanation for, the decision of the Secretary to grant
or deny the petition.
(4) New or amended standards.--Not later than 3 years
after the date of granting a petition for new or
amended standards, the Secretary shall publish in the
Federal Register--
(A) a final rule that contains the new or
amended standards; or
(B) a determination that no new or amended
standards are necessary.
[(3)] (5) An amendment prescribed under this
subsection shall apply to products manufactured after a
date which is 5 years after--
(A) the effective date of the previous
amendment pursuant to this part; or
(B) if the previous final rule published
under this part did not amend the standard, the
earliest date by which a previous amendment
could have been in effect, except that in no
case may an amended standard apply to products
manufactured within 3 years (for refrigerators,
refrigerator-freezers, and freezers, room air
conditioners, dishwashers, clothes washers,
clothes dryers, fluorescent lamp ballasts,
general service fluorescent lamps, incandescent
reflector lamps, and kitchen ranges and ovens)
or 5 years (for central air conditioners and
heat pumps, water heaters, pool heaters, direct
heating equipment and furnaces) after
publication of the final rule establishing a
standard.
* * * * * * *
(hh)(4) Design and Performance Requirements.--
Notwithstanding any other provision of law, any standard
established pursuant to this subsection may contain both design
and performance requirements.
(ii) Portable Light Fixtures.--
(1) In general.--Subject to paragraphs (2) and (3),
portable light fixtures manufactured on or after
January 1, 2012, shall meet 1 or more of the following
requirements:
(A) Be a fluorescent light fixture that meets
the requirements of the Energy Star Program for
Residential Light Fixtures, Version 4.2.
(B) Be equipped with only 1 or more GU-24
line-voltage sockets, not be rated for use with
incandescent lamps of any type (as defined in
ANSI standards), and meet the requirements of
version 4.2 of the Energy Star program for
residential light fixtures.
(C) Be an LED light fixture or a light
fixture with an LED light engine and comply
with the following minimum requirements:
(i) Minimum light output: 200 lumens
(initial).
(ii) Minimum LED light engine
efficacy: 40 lumens/watt installed in
fixtures that meet the minimum light
fixture efficacy of 29 lumens/watt or,
alternatively, a minimum LED light
engine efficacy of 60 lumens/watt for
fixtures that do not meet the minimum
light fixture efficacy of 29 lumens/
watt.
(iii) All portable fixtures shall
have a minimum LED light fixture
efficacy of 29 lumens/watt and a
minimum LED light engine efficacy of 60
lumens/watt by January 1, 2016.
(iv) Color Correlated Temperature
(CCT): 2700K through 4000K.
(v) Minimum Color Rendering Index
(CRI): 75.
(vi) Power factor equal to or greater
than 0.70.
(vii) Portable luminaries that have
internal power supplies shall have zero
standby power when the luminaire is
turned off.
(viii) LED light sources shall
deliver at least 70 percent of initial
lumens for at least 25,000 hours.
(D)(i) Be equipped with an ANSI-designated
E12, E17, or E26 screw-based socket and be
prepackaged and sold together with a screw-
based compact fluorescent lamp or screw-based
LED lamp for each screw-based socket on the
portable light fixture.
(ii) The compact fluorescent or LED lamps
prepackaged with the light fixture shall be
fully compatible with any light fixture
controls incorporated into the light fixture
(for example, light fixtures with dimmers shall
be packed with dimmable lamps).
(iii) Compact fluorescent lamps prepackaged
with light fixtures shall meet the requirements
of the Energy Star Program for CFLs Version
4.0.
(iv) Screw-based LED lamps shall comply with
the minimum requirements described in
subparagraph (C).
(E) Be equipped with 1 or more single ended,
non-screw based halogen lamp sockets (line or
low voltage), a dimmer control or high low
control, and be rated for a maximum of 100
watts.
(2) Review.--
(A) Review.--The Secretary shall review the
criteria and standards established under
paragraph (1) to determine if revised standards
are technologically feasible and economically
justified.
(B) Components.--The review shall include
consideration of--
(i) whether a separate compliance
procedure is still needed for halogen
fixtures described in subparagraph (E)
and, if necessary, what an appropriate
standard for halogen fixtures shall be;
(ii) which of the specific technical
criteria described in subparagraphs
(A), (C), and (D)(iii) should be
modified; and
(iii) which fixtures should be
exempted from the light fixture
efficacy standard as of January 1,
2016, because the fixtures are
primarily decorative in nature (as
defined by the Secretary) and, even if
exempted, are likely to be sold in
limited quantities.
(C) Timing.--
(i) Determination.--Not later than
January 1, 2014, the Secretary shall
publish amended standards, or a
determination that no amended standards
are justified, under this subsection.
(ii) Standards.--Any standards under
this subsection take effect on January
1, 2016.
(3) Art work light fixtures.--Art work light fixtures
manufactured on or after January 1, 2012, shall--
(A) comply with paragraph (1); or
(B)(i) contain only ANSI-designated E12
screw-based line-voltage sockets;
(ii) have not more than 3 sockets;
(iii) be controlled with an integral high/low
switch;
(iv) be rated for not more than 25 watts if
fitted with 1 socket; and
(v) be rated for not more than 15 watts per
socket if fitted with 2 or 3 sockets.
(4) Exception from preemption.--Notwithstanding
section 327, Federal preemption shall not apply to a
regulation concerning portable light fixtures adopted
by the California Energy Commission on or before
January 1, 2014.
(jj) GU-24 Base Lamps.--
(1) In general.--A GU-24 base lamp shall not be an
incandescent lamp as defined by ANSI.
(2) GU-24 adaptors.--GU-24 adaptors shall not adapt a
GU-24 socket to any other line voltage socket.
[(ii)] (kk) Application Date.--Section 327 applies--
(1) to products for which energy conservation
standards are to be established under subsection (l),
(u), or (v) beginning on the date on which a final rule
is issued by the Secretary, except that any State or
local standard prescribed or enacted for the product
before the date on which the final rule is issued shall
not be preempted until the energy conservation standard
established under subsection (l), (u), or (v) for the
product takes effect; and
(2) to products for which energy conservation
standards are established under subsections (w) through
(hh) on the date of enactment of those subsections,
except that any State or local standard prescribed or
enacted before the date of enactment of those
subsections shall not be preempted until the energy
conservation standards established under subsections
(w) through (hh) take effect.
* * * * * * *
PART C--CERTAIN INDUSTRIAL EQUIPMENT
* * * * * * *
SEC. 342. STANDARDS.
(a) Small, Large, and Very Large Commercial Package Air
Conditioning and Heating Equipment, Packaged Terminal Air
Conditioners and Heat Pumps, Warm-Air Furnaces, Packaged
Boilers, Storage Water Heaters, Instantaneous Water Heaters,
and Unfired Hot Water Storage Tanks.--
* * * * * * *
(10) Single package vertical air conditioners and
single package vertical heat pumps.--
* * * * * * *
(B) Review.--Not later than 3 years after the
date of enactment of this paragraph, the
Secretary shall review the most recently
published ASHRAE/IES Standard 90.1 with respect
to single package vertical air conditioners and
single package vertical heat pumps in
accordance with the procedures established
under paragraph (6).
(11) Warm air furnaces with an input rating of
225,000 Btu per hour or more and manufactured after
January 1, 2011, shall meet the following standard
levels:
(A) Gas-fired units shall--
(i) have a minimum combustion
efficiency of 80 percent;
(ii) include an interrupted or
intermittent ignition device;
(iii) have jacket losses not
exceeding 0.75 percent of the input
rating; and
(iv) have power venting or a flue
damper.
(B) Oil-fired units shall have--
(i) a minimum thermal efficiency of
81 percent;
(ii) jacket losses not exceeding 0.75
percent of the input rating; and
(iii) power venting or a flue damper.
* * * * * * *
SEC. 343. TEST PROCEDURES.
(a) Prescription by Secretary; Requirements.--
[(1) Test procedures.--
[(A) Amendment.--At least once every 7 years,
the Secretary shall conduct an evaluation of
each class of covered equipment and--
[(i) if the Secretary determines that
amended test procedures would more
accurately or fully comply with the
requirements of paragraphs (2) and (3),
shall prescribe test procedures for the
class in accordance with this section;
or
[(ii) shall publish notice in the
Federal Register of any determination
not to amend a test procedure.]
(1) Amendment and petition process.--
(A) In general.--At least once every 7 years,
the Secretary shall review test procedures for
all covered equipment and--
(i) publish in the Federal Register
amended test procedures with respect to
any covered equipment, if the Secretary
determines that amended test procedures
would more accurately or fully comply
with paragraphs (2) and (3); or
(ii) publish notice in the Federal
Register of any determination not to
amend a test procedure.
(B) Petitions.--
(i) In general.--In the case of any
class or category of covered equipment,
any person may petition the Secretary
to conduct a rulemaking--
(I) to prescribe a test
procedure for the covered
equipment; or
(II) to amend the test
procedures applicable to the
covered equipment to more
accurately or fully comply with
paragraphs (2) and (3).
(ii) Determination.--The Secretary
shall--
(I) not later than 90 days
after the date of receipt of
the petition, publish the
petition in the Federal
Register; and
(II) not later than 180 days
after the date of receipt of
the petition, grant or deny the
petition.
(iii) Basis.--The Secretary shall
grant a petition if the Secretary finds
that the petition contains evidence
that, assuming no other evidence was
considered, provides an adequate basis
for determining that an amended test
method would more accurately promote
energy or water use efficiency.
(iv) Effect on other requirements.--
The granting of a petition by the
Secretary under this paragraph shall
create no presumption with respect to
the determination of the Secretary that
the proposed test procedure meets the
requirements of paragraphs (2) and (3).
(v) Rulemaking.--
(I) In general.--Except as
provided in subclause (II), not
later than the end of the 18-
month period beginning on the
date of granting a petition,
the Secretary shall publish an
amended test method or a
determination not to amend the
test method.
(II) Extension.--The
Secretary may extend the period
described in subclause (I) for
1 additional year.
(III) Direct final rule.--The
Secretary may adopt a consensus
test procedure in accordance
with the direct final rule
procedure established under
section 325(p).
* * * * * * *
(4)(A) With respect to small commercial package air
conditioning and heating equipment, large commercial
package air conditioning and heating equipment, very
large commercial package air conditioning and heating
equipment, packaged terminal air conditioners, packaged
terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water
heaters, and unfired hot water storage tanks to which
standards are applicable under section 342, the test
procedures shall be those generally accepted industry
testing procedures or rating procedures developed or
recognized by the [Air-Conditioning and Refrigeration
Institute] Air-Conditioning, Heating, and Refrigeration
Instituter by the American Society of Heating,
Refrigerating and Air Conditioning Engineers, as
referenced in ASHRAE/IES Standard 90.1 and in effect on
June 30, 1992.
* * * * * * *
(7)(A) In the case of automatic commercial ice
makers, the test procedures shall be the test
procedures specified in [Air-Conditioning and
Refrigeration Institute] Air-Conditioning, Heating, and
Refrigeration Institute--Standard 810-2003, as in
effect on January 1, 2005.
(B)(i) If [Air-Conditioning and Refrigeration
Institute] Air-Conditioning, Heating, and Refrigeration
Institute--Standard 810-2003 is amended, the Secretary
shall amend the test procedures established in
subparagraph (A) as necessary to be consistent with the
amended [Air-Conditioning and Refrigeration Institute]
Air-Conditioning, Heating, and Refrigeration
Institute--Standard, unless the Secretary determines,
by rule, published in the Federal Register and
supported by clear and convincing evidence, that to do
so would not meet the requirements for test procedures
under paragraphs (2) and (3).
(ii) If the Secretary issues a rule under clause (i)
containing a determination described in clause (ii),
the rule may establish an amended test procedure for
the product that meets the requirements of paragraphs
(2) and (3).
* * * * * * *
(b) Before prescribing any final test procedures under this
section, the Secretary shall--
(1) publish proposed test procedures in the Federal
Register; and
(2) afford interested persons an opportunity (of not
less than 45 days' duration) to present oral and
written data, views, and arguments on the proposed test
procedures.
[(c)(1) The Secretary shall, not later than 3 years after
the date of prescribing a test procedure under this section
(and from time to time thereafter), conduct a reevaluation of
such procedure and, on the basis of such reevaluation, shall
determine if such test procedure should be amended. In
conducting such reevaluation, the Secretary shall take into
account such information as he deems relevant, including
technological developments relating to the energy efficiency of
the type (or class) of covered equipment involved.
[(2) If the Secretary determines under paragraph (1) that a
test procedure should be amended, he shall promptly publish in
the Federal Register proposed test procedures incorporating
such amendments and afford interested persons an opportunity to
present oral and written data, views, and arguments. Such
comment period shall not be less than 45 days' duration.]
[(d)] (c)(1) Effective 180 days (or, in the case of small
commercial package air conditioning and heating equipment,
* * * * * * *
[(e)] (d) The Secretary may direct the National Bureau of
Standards to provide such assistance as the Secretary deems
necessary to carry out his responsibilities under this part,
including the development of test procedures.
* * * * * * *
SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM.
(a) Establishment.--By not later than January 1, 2010, in
accordance with subsection (b), the Secretary shall establish a
program to provide rebates for expenditures made by entities--
(1) for the purchase and installation of a new
electric motor that has a nominal full load efficiency
that is not less than the nominal full load efficiency
as defined in--
(A) table 12-12 of NEMA Standards Publication
MG 1-2006 for random wound motors rated 600
volts or lower; or
(B) table 12-13 of NEMA Standards Publication
MG 1-2006 for form wound motors rated 5000
volts or lower; and
(2) to replace an installed motor of the entity the
specifications of which are established by the
Secretary by a date that is not later than 90 days
after the date of enactment of this section.
(b) Requirements.--
(1) Application.--To be eligible to receive a rebate
under this section, an entity shall submit to the
Secretary an application in such form, at such time,
and containing such information as the Secretary may
require, including--
(A) demonstrated evidence that the entity
purchased an electric motor described in
subsection (a)(1) to replace an installed motor
described in subsection (a)(2);
(B) demonstrated evidence that the entity--
(i) removed the installed motor of
the entity from service; and
(ii) properly disposed the installed
motor of the entity; and
(C) the physical nameplate of the installed
motor of the entity.
(2) Authorized amount of rebate.--The Secretary may
provide to an entity that meets each requirement under
paragraph (1) a rebate the amount of which shall be
equal to the product obtained by multiplying--
(A) the nameplate horsepower of the electric
motor purchased by the entity in accordance
with subsection (a)(1); and
(B) $25.00.
(3) Payments to distributors of qualifying electric
motors.--To assist in the payment for expenses relating
to processing and motor core disposal costs, the
Secretary shall provide to the distributor of an
electric motor described in subsection (a)(1), the
purchaser of which received a rebate under this
section, an amount equal to the product obtained by
multiplying--
(A) the nameplate horsepower of the electric
motor; and
(B) $5.00.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, to remain
available until expended--
(1) $80,000,000 for fiscal year 2010;
(2) $75,000,000 for fiscal year 2111;
(3) $70,000,000 for fiscal year 2112;
(4) $65,000,000 for fiscal year 2113; and
(5) $60,000,000 for fiscal year 2114.
* * * * * * *
PART D--STATE ENERGY CONSERVATION PROGRAMS
* * * * * * *
SEC. 365. GENERAL PROVISIONS.
* * * * * * *
(e) Within 90 days after the date of enactment of this
subsection, the Secretary shall--
(1) develop, by rule after consultation with the
Secretary of Housing and Urban Development, and publish
a list of energy conservation measures and renewable-
resource energy measures which are eligible (on a
national or regional basis for financial assistance
pursuant to section 509 of the Housing and Urban
Development Act of 1970 or section 451 of the Energy
Conservation and Production Act;
(2) designate, by rule, the types of, and
requirements for energy audits.
[(f) For the purpose of carrying out this part, there are
authorized to be appropriated $125,000,000 for each of fiscal
years 2007 through 2012.]
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this part
$250,000,000 for each of fiscal years 2011 through 2015, to
remain available until expended.
* * * * * * *
PART E--INDUSTRIAL ENERGY EFFICIENCY
* * * * * * *
SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
* * * * * * *
(f) Authorization.--There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years
2008 through 2012.
SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--As part of the Industrial Technologies
Program of the Department of Energy, the Secretary shall carry
out a sustainable manufacturing initiative under which the
Secretary, on the request of a manufacturer, shall conduct
onsite technical assessments to identify opportunities for--
(1) maximizing the energy efficiency of systems;
(2) preventing pollution and minimizing waste;
(3) reducing the use of water in manufacturing
processes;
(4) conserving natural resources; and
(5) achieving such other goals as the Secretary
determines to be appropriate.
(b) Coordination.--The Secretary shall carry out the
initiative in coordination with appropriate agencies, including
the National Institute of Standards and Technology.
(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the Industrial Technologies Program of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to conduct research and
development of new sustainable manufacturing and industrial
technologies and processes that maximize the energy efficiency
of systems, reduce pollution, and conserve natural resources.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
* * * * * * *
PART G--ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS
* * * * * * *
SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR
INSTITUTIONS AND INDUSTRY.
(a) Definitions.--In this section:
* * * * * * *
(5) Institutional entity.--The term ``institutional
entity'' means an institution of higher education, a
public school district, a local government, a municipal
utility, [or a designee] a not-for-profit hospital, a
not-for-profit inpatient health care facility, or a
designated agent of 1 of those entities.
* * * * * * *
(c) Grants for Energy Efficiency Improvement and Energy
Sustainability.--
(1) Grants.--
* * * * * * *
(B) Requirement.--To the extent that
applications have been submitted, grants under
subparagraph (A) shall include not less than 1
grant each year to an institution of higher
education in each State.
[(C) Minimum funding.--Not less than 50
percent of the total funding for all grants
under this subsection shall be awarded in
grants to institutions of higher education.]
* * * * * * *
(f) Grant Amounts.--
(3) Grants for efficiency improvement and energy
sustainability.--In the case of grants for efficiency
improvement and energy sustainability under subsection
(c), grant funds shall be available for not more than
an amount equal to the lesser of--
(A) [$1,000,000] $2,500,000; or
(B) 60 percent of the total cost.
* * * * * * *
(g) Loans for Energy Efficiency Improvement and Energy
Sustainability.--
(4) Labor standards.--
(A) In general.--All laborers and mechanics
employed by contractors or subcontractors in
the performance of construction, repair, or
alteration work funded in whole or in part
under this section shall be paid wages at rates
not less than those prevailing on projects of a
character similar in the locality as determined
by the Secretary of Labor in accordance with
sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code. The Secretary
shall not approve any such funding without
first obtaining adequate assurance that
required labor standards will be maintained
upon the construction work.
(B) Authority and functions.--The Secretary
of Labor shall have, with respect to the labor
standards specified in paragraph (1), the
authority and functions set forth in
Reorganization Plan Number 14 of 1950 (15 Fed.
Reg. 3176; 64 Stat. 1267) and section 3145 of
title 40, United States Code.
(h) State Partnership Industrial Energy Efficiency
Revolving Loan Program.--
(1) In general.--The Secretary shall carry out a
program under which the Secretary shall provide grants
to eligible lenders to pay the Federal share of
creating a revolving loan program under which loans are
provided to commercial and industrial manufacturers to
implement commercially available technologies or
processes that significantly--
(A) reduce systems energy intensity,
including the use of energy intensive
feedstocks; and
(B) improve the industrial competitiveness of
the United States.
(2) Eligible lenders.--To be eligible to receive
cost-matched Federal funds under this subsection, a
lender shall--
(A) be a community and economic development
lender that the Secretary certifies meets the
requirements of this subsection;
(B) lead a partnership that includes
participation by, at a minimum
(i) a State government agency; and
(ii) a private financial institution
or other provider of loan capital;
(C) submit an application to the Secretary,
and receive the approval of the Secretary, for
cost-matched Federal funds to carry out a loan
program described in paragraph (1); and
(D) ensure that non-Federal funds are
provided to match, on at least a dollar-for-
dollar basis, the amount of Federal funds that
are provided to carry out a revolving loan
program described in paragraph (1).
(3) Award.--The amount of cost-matched Federal funds
provided to an eligible lender shall not exceed
$100,000,000 for any fiscal year.
(4) Recapture of awards.--
(A) In general.--An eligible lender that
receives an award under paragraph (1) shall be
required to repay the Secretary an amount of
cost-match Federal funds, as determined by the
Secretary under subparagraph (B), if the
eligible lender is unable or unwilling to
operate a program described in this subsection
for a period of not less than 10 years
beginning on the date on which the eligible
lender first receives funds made available
through the award.
(B) Determination by secretary.--The
Secretary shall determine the amount of cost-
match Federal funds that an eligible lender
shall be required to repay to the Secretary
under subparagraph (A) based on the
consideration by the Secretary of--
(i) the amount of non-Federal funds
matched by the eligible lender;
(ii) the amount of loan losses
incurred by the revolving loan program
described in paragraph (1); and
(iii) any other appropriate factor,
as determined by the Secretary.
(C) Use of recaptured cost-match federal
funds.--The Secretary may distribute to
eligible lenders under this subsection each
amount received by the Secretary under this
paragraph.
(5) Eligible projects.--A program for which cost-
matched Federal funds are provided under this
subsection shall be designed to accelerate the
implementation of industrial and commercial
applications of technologies or processes that--
(A) improve energy efficiency;
(B) enhance the industrial competitiveness of
the United States; and
(C) achieve such other goals as the Secretary
determines to be appropriate.
(6) Evaluation.--The Secretary shall evaluate
applications for cost-matched Federal funds under this
subsection on the basis of--
(A) the description of the program to be
carried out with the grant;
(B) the commitment to provide non-Federal
funds in accordance with paragraph (2)(D);
(C) program sustainability over a 10-year
period;
(D) the capability of the applicant;
(E) the quantity of energy savings or energy
feedstock minimization;
(F) the advancement of the goal under this
Act of 25-percent energy avoidance;
(G) the ability to fund energy efficient
projects not later than 120 days after the date
of the grant award; and
(H) such other factors as the Secretary
determines appropriate.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $500,000,000 for each of fiscal years 2010
through 2012.
[(h)] (i) Program Procedures.--Not later than 180 days
after the date of enactment of this section, the Secretary
shall establish procedures for the solicitation and evaluation
of potential projects for grant and loan funding and
administration of the grant and loan programs.
[(i)] (j) Authorization.--
(1) Grants.--There is authorized to be appropriated
for the cost of grants authorized in subsections (b),
(c), and (d) [$250,000,000 for each of fiscal years
2009 through 2013,] such sums as are necessary for each
of fiscal years 2010 through 2015 of which not more
than 5 percent may be used for administrative expenses.
(2) Loans.--There is authorized to be appropriated
for the initial cost of direct loans authorized in
subsection (g) $500,000,000 for each of fiscal years
2009 through 2013, of which not more than 5 percent may
be used for administrative expenses.
* * * * * * *
ENERGY CONSERVATION AND PRODUCTION ACT
Public Law 94-385, Approved August 14, 1976, as Amended
AN ACT To amend the Federal Energy Administration Act of 1974 to extend
the duration of authorities under such Act; to provide an incentive for
domestic production; to provide for electric utility rate design
initiatives; to provide for energy conservation standards for new
buildings; to provide for energy conservation assistance for existing
buildings and industrial plants; and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Energy Conservation and Production
Act''.
* * * * * * *
TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS
* * * * * * *
SEC. 303. DEFINITIONS.
As used in this title:
* * * * * * *
(16) The term ``ASHRAE'' means the American Society
of Heating, Refrigerating, and Air-Conditioning
Engineers.
(17) IECC.--The term ``IECC'' means the International
Energy Conservation Code.
[SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
[(a) Consideration and Determination Respecting Residential
Building Energy Codes.--
[(1) Not later than 2 years after the date of the
enactment of the Energy Policy Act of 1992, each State
shall certify to the Secretary that it has reviewed the
provisions of its residential building code regarding
energy efficiency and made a determination as to
whether it is appropriate for such State to revise such
residential building code provisions to meet or exceed
CABO Model Energy Code, 1992.
[(2) The determination referred to in paragraph (1)
shall be--
[(A) made after public notice and hearing;
[(B) in writing;
[(C) based upon findings included in such
determination and upon the evidence presented
at the hearing; and
[(D) available to the public.
[(3) Each State may, to the extent consistent with
otherwise applicable State law, revise the provisions
of its residential building code regarding energy
efficiency to meet or exceed CABO Model Energy Code,
1992, or may decline to make such revisions.
[(4) If a State makes a determination under paragraph
(1) that it is not appropriate for such State to revise
its residential building code, such State shall submit
to the Secretary, in writing, the reasons for such
determination, and such statement shall be available to
the public.
[(5)(A) Whenever CABO Model Energy Code, 1992, (or
any successor of such code) is revised, the Secretary
shall, not later than 12 months after such revision,
determine whether such revision would improve energy
efficiency in residential buildings. The Secretary
shall publish notice of such determination in the
Federal Register.
[(B) If the Secretary makes an affirmative
determination under subparagraph (A), each State shall,
not later than 2 years after the date of the
publication of such determination, certify that it has
reviewed the provisions of its residential building
code regarding energy efficiency and made a
determination as to whether it is appropriate for such
State to revise such residential building code
provisions to meet or exceed the revised code for which
the Secretary made such determination.
[(C) Paragraphs (2), (3), and (4) shall apply to any
determination made under subparagraph (B).
[(b) Certification of Commercial Building Energy Code
Updates.--
[(1) Not later than 2 years after the date of the
enactment of the Energy Policy Act of 1992, each State
shall certify to the Secretary that it has reviewed and
updated the provisions of its commercial building code
regarding energy efficiency. Such certification shall
include a demonstration that such State's code
provisions meet or exceed the requirements of ASHRAE
Standard 90.1-1989.
[(2)(A) Whenever the provisions of ASHRAE Standard
90.1-1989 (or any successor standard) regarding energy
efficiency in commercial buildings are revised, the
Secretary shall, not later than 12 months after the
date of such revision, determine whether such revision
will improve energy efficiency in commercial buildings.
The Secretary shall publish a notice of such
determination in the Federal Register.
[(B)(i) If the Secretary makes an affirmative
determination under subparagraph (A), each State shall,
not later than 2 years after the date of the
publication of such determination, certify that it has
reviewed and updated the provisions of its commercial
building code regarding energy efficiency in accordance
with the revised standard for which such determination
was made. Such certification shall include a
demonstration that the provisions of such State's
commercial building code regarding energy efficiency
meet or exceed such revised standard.
[(ii) If the Secretary makes a determination under
subparagraph (A) that such revised standard will not
improve energy efficiency in commercial buildings,
State commercial building code provisions regarding
energy efficiency shall meet or exceed ASHRAE Standard
90.1-1989, or if such standard has been revised, the
last revised standard for which the Secretary has made
an affirmative determination under subparagraph (A).
[(c) Extensions.--The Secretary shall permit extensions of
the deadlines for the certification requirements under
subsections (a) and (b) 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.
[(d) Technical Assistance. The Secretary shall provide
technical assistance to States to implement the requirements of
this section, 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.
[(e) 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 2004
International Energy Conservation Code,
or any succeeding version of that code
that has received an affirmative
determination from the Secretary under
subsection (a)(5)(A); 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 (b)(2)(A);
or
[(B) in a State in which there is no
statewide energy code either for residential
buildings or for commercial buildings, 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 $500,000 for each
fiscal year 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
2006 through 2010; and
[(ii) such sums as are necessary for fiscal
year 2011 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.]
SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
(a) Updating National Model Building Energy Codes.--
(1) Targets.--
(A) In general.--The Secretary shall support
updating the national model building energy
codes and standards at least every 3 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--
(i) 30 percent in editions of each
model code or standard released during
or after 2010; and
(ii) 50 percent in editions of each
model code or standard released during
or after 2016.
(B) Specific years.--
(i) In general.--Targets for specific
years shall be set by the Secretary at
least 3 years in advance of each target
year, coordinated with the IECC and
ASHRAE Standard 90.1 cycles, at the
maximum level of energy efficiency that
is technologically feasible and life-
cycle cost effective and on a path to
achieving net-zero-energy buildings.
(ii) Different target years.--Subject
to paragraph (2)(D), prior to 2013, the
Secretary may set a different target
year for 1 or both model codes
described in subparagraph (A) if the
Secretary determines that a 50 percent
target cannot be met in 2016.
(C) Technical assistance to model code-
setting and standard development
organizations.--
(i) In general.--The Secretary shall,
on a timely basis, provide technical
assistance to model code-setting and
standard development organizations.
(ii) Assistance.--The assistance
shall include technical assistance as
requested by the organizations in--
(I) evaluating code or
standards proposals or
revisions;
(II) building energy analysis
and design tools;
(III) building
demonstrations; and
(IV) design assistance and
training.
(D) Amendment proposals.--The Secretary shall
submit code and standard amendment proposals,
with supporting evidence, sufficient to enable
the national model building energy codes and
standards to meet the targets established under
subparagraph (A).
(2) Revision of building energy use standards.--
(A) In general.--If the provisions of the
IECC or ASHRAE Standard 90.1 regarding building
energy use are revised, the Secretary shall
make a determination not later than 1 year
after the date of the revision, on whether the
revision will--
(i) improve energy efficiency in
buildings; and
(ii) meet the targets under paragraph
(1).--
(B) Codes or standards not meeting targets.
(i) In general.--If the Secretary
makes a determination under
subparagraph (A)(ii) that a code or
standard does not meet the targets
established under paragraph (1), not
later than 1 year after the date of the
determination, the Secretary shall
provide the model code or standard
developer with proposed changes that
would result in a model code that meets
the targets.
(ii) Incorporation of changes.--On
receipt of the proposed changes, the
model code or standard developer shall
have an additional 180 days to
incorporate the proposed changes into
the model code or standard.
(iii) Establishment by secretary.--If
the proposed changes are not
incorporated into the model code or
standard, the Secretary shall establish
a modified code or standard that meets
the established targets.
(iv) Administration.--Any code or
standard modified under this
subparagraph shall--
(I) achieve the maximum level
of energy savings that is
technologically feasible and
life-cycle cost-effective;
(II) be based on the latest
edition of the IECC or ASHRAE
Standard 90.1, including any
subsequent amendments, addenda,
or additions, but may also
consider other model codes or
standards; and
(III) serve as the baseline
for the next determination
under subparagraph (A)(i).
(C) Codes or standards not updated
for 3 years.--
(i) In general.--If a national model
code or standard is not updated for
more than 3 years, the Secretary shall,
not later than 1 year after the date of
the determination, establish a modified
code or standard that meets the
targets.
(ii) Requirements.--Any modified code
or standard shall--
(I) achieve the maximum level
of energy savings that is
technologically feasible and
life-cycle cost-effective;
(II) be based on the latest
revision of the IECC or ASHRAE
Standard 90.1, including any
amendments or additions to the
code or standard, but may also
consider other model codes or
standards; and
(III) serve as the baseline for the
next determination under subparagraph
(A)(i).
(D) Administration.--The Secretary shall--
(i) provide an opportunity for public
comment on targets, determinations, and
modified codes and standards under this
subsection; and
(ii) 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) Review and updating of codes by each state.--
(A) In general.--Not later than 2 years after
the date of enactment of the American Clean
Energy Leadership Act of 2009, each State shall
certify to the Secretary whether or not the
State has reviewed and updated the provisions
of the residential and commercial building
codes of the State regarding energy efficiency.
(B) Demonstration.--The certification shall
include a demonstration that the code
provisions of the State--
(i) meet or exceed the 2009 IECC for
residential buildings and the ASHRAE
Standard 90.1-2007 for commercial
buildings; or
(ii) achieve equivalent or greater
energy savings.
(2) Review and updating of codes based on
determination of secretary.--
(A) Determination of improvement of energy
efficiency in buildings; modified codes or
standards.--
(i) In general.--If the Secretary
makes an affirmative determination
under subsection (a)(2)(A)(i) or
establishes a modified code or standard
under subsection (a)(2)(B), each State
shall, not later than 2 years after the
date of the determination or
establishment, certify whether or not
the State has reviewed and updated the
provisions of the building code of the
State regarding energy efficiency.
(ii) Demonstration.--The
certification shall include a
demonstration that the code provisions
of the State meet or exceed the revised
code or standard, or achieve equivalent
or greater energy savings.
(B) No determination of improvement of energy
efficiency in buildings.--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 not later than
2 years after the specified date or the date of
the determination, certify whether or not the
State has reviewed the revised code or
standard, and updated the provisions of the
building code of the State 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) Requirement.--
(A) In general.--Not later than 3 years after
the date of a certification under subsection
(b), each State shall certify whether or not
the State has--
(i) achieved compliance under
paragraph (3) with the certified State
building energy code or with the
associated model code or standard; or
(ii) made significant progress under
paragraph (4) toward achieving
compliance with the certified State
building energy code or with the
associated model code or standard.
(B) Repeat certifications.--If the State
certifies progress toward achieving compliance,
the State shall repeat the certification each
year until the State certifies that the State
has achieved compliance.
(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate
of compliance based on--
(A) independent inspections of a random
sample of the new and renovated buildings
covered by the code in the preceding year; or
(B) an alternative method that yields an
accurate measure of compliance.
(3) Achievement of compliance.--
(A) In general.--A State shall be considered
to achieve compliance under paragraph (1) if--
(i) at least 90 percent of new and
renovated building space covered by the
code in the preceding year
substantially meets all the
requirements of the code regarding
energy efficiency, or achieves an
equivalent energy savings level; or
(ii) 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 5 percent of the
estimated energy use of all new and
renovated buildings covered by the code
during the preceding year.
(B) Renovated buildings.--If the Secretary
determines that the percentage targets under
subparagraph (A) are not reasonably achievable
for renovated residential or commercial
buildings, the Secretary may reduce the targets
for the renovated buildings to the highest
achievable level.
(4) Significant progress toward achievement of
compliance.--
(A) In general.--A State shall be considered
to have made significant progress toward
achieving compliance for purposes of paragraph
(1) if the State--
(i) has developed and is implementing
a plan for achieving compliance within
8 years, assuming continued adequate
funding, including active training and
enforcement programs;
(ii) after 1 or more years of
adequate funding, has demonstrated
progress, in conformance with the plan
described in clause (i), toward
compliance;
(iii) after 5 or more years of
adequate funding, meets the
requirements of paragraph (3) if `80
percent' is substituted for `90
percent' or `10 percent' is substituted
for `5 percent'; and
(iv) has not had more than 8 years of
adequate funding.
(B) Adequate funding.--For purposes of this
paragraph, funding shall be considered adequate
if the Federal Government provides to the
States at least $50,000,000 for a fiscal year
in funding and support for development and
implementation of State building energy codes,
including for training and enforcement.
(C) Technical assistance to states.--The
Secretary shall provide technical assistance to
States to implement the requirements of this
section, including procedures for States--
(i) to demonstrate that the code
provisions of the States achieve
equivalent or greater energy savings
than the national model codes and
standards; and
(ii) to improve and implement State
residential and commercial building
energy efficiency codes or to otherwise
promote the design and construction of
energy efficient buildings.
(D) Voluntary advanced codes.--
(i) In general.--The Secretary shall
support the development of voluntary
advanced model codes and standards for
residential and commercial buildings
that achieve energy savings of at least
30 percent compared to the national
model building codes and standards.
(ii) Updates.--The voluntary advanced
model codes and standards shall be
updated at least once every 3 years,
for use in--
(I) green building design;
(II) voluntary and market
transformation programs;
(III) incentive criteria; and
(IV) voluntary adoption by
States.
(iii) Preference.--In carrying out
this subparagraph, the Secretary shall
give preference to voluntary advanced
model codes and standards developed by
the International Code Council and by
ASHRAE.
(d) Failure To Meet Deadlines.--
(1) In general.--A State that has not made a
certification required under subsection (b) or (c) by
the applicable deadline shall submit to the Secretary a
report on--
(A) the status of the State with respect to
meeting the requirements and submitting the
certification; and
(B) a plan for meeting the requirements and
submitting the certification.
(2) Nonacceptance of certification.--Any State for
which the Secretary has not accepted a certification by
a deadline under subsection (b) or (c) shall be
considered out of compliance with this section.
(3) Local government.--In any State that is out of
compliance with this section, a local government may be
considered in compliance with this section by meeting--
the certification requirements under subsections (b)
and (c).
(4) Annual reports by secretary.--
(A) In general.--The Secretary shall annually
submit to Congress, and publish in the Federal
Register, a report on--
(i) the status of national model
building energy codes and standards;
(ii) the status of code adoption and
compliance in the States; and
(iii) implementation of this section.
(B) Impacts.--The report shall include
estimates of impacts of past action under this
section, and potential impacts of further
action, on lifetime energy use by buildings and
resulting energy costs to individuals and
businesses.
(e) Availability of Incentive Funding.--
(1) In general.--
(A) Requirement.--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 the
codes.
(B) State actions.--In determining whether,
and in what amount, to provide incentive
funding under this subsection, the Secretary
shall consider the actions proposed by the
State--
(i) to implement the requirements of
this section;
(ii) to improve and implement
residential and commercial building
energy efficiency codes; and
(iii) to promote building energy
efficiency through the use of the
codes.
(2) Additional funding.--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 2009 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
90.1-2007, 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 for either residential buildings or
commercial buildings, or in which 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) Training.--Of the amounts made available under
this subsection, the State may use amounts required,
but not to exceed $500,000 for a State, to train State
and local building code officials to implement and
enforce codes described in paragraph (2).
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection--
(A) $100,000,000 for each of fiscal years
2009 through 2013; and
(B) such sums as are necessary for fiscal
year 2014 and each fiscal year thereafter.
* * * * * * *
TITLE IV--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR
EXISTING BUILDINGS
* * * * * * *
PART A--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS
* * * * * * *
SEC. 422. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out the weatherization program
under this part, there are authorized to be appropriated--
(1) $750,000,000 for fiscal year 2008;
(2) $900,000,000 for fiscal year 2009;
(3) $1,050,000,000 for fiscal year 2010;
(4) $1,200,000,000 for fiscal year 2011; [and]
(5) $1,400,000,000 for fiscal year 2012; and
(6) $1,700,000,000 for each of fiscal years 2011
through 2015.
* * * * * * *
DEPARTMENT OF ENERGY ORGANIZATION ACT
Public Law 95-91, Approved August 4, 1977, as Amended
AN ACT To establish a Department of Energy in the executive branch by
the reorganization of energy functions within the Federal Government in
order to secure effective management to assure a coordinated national
energy policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Department of Energy Organization
Act''.
* * * * * * *
TABLE OF CONTENTS
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 216. Office of Intelligence.
Sec. 217. Office of Indian Energy Policy and Programs.
Sec. 218. Office of Arctic Energy.
* * * * * * *
TITLE VIII ENERGY PLANNING
Sec. 801.National energy policy plan.
Sec. 802.Congressional review.
Sec. 803. Authorization of appropriations.
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
SEC. 205. ENERGY INFORMATION ADMINISTRATION.
* * * * * * *
(m) Renewable Fuels Survey.--
(1) In order to improve the ability to evaluate the
effectiveness of the Nation's renewable fuels mandate,
the Administrator shall conduct and publish the results
of a survey of renewable fuels demand in the motor
vehicle fuels market in the United States monthly, and
in a manner designed to protect the confidentiality of
individual responses. In conducting the survey, the
Administrator shall collect information both on a
national and regional basis, including each of the
following:
(A) The quantity of renewable fuels produced.
(B) The quantity of renewable fuels blended.
(C) The quantity of renewable fuels imported.
(D) The quantity of renewable fuels demanded.
(E) Market price data.
(F) Such other analyses or evaluations as the
Administrator finds are necessary to achieve
the purposes of this section.
(2) The Administrator shall also collect or estimate
information both on a national and regional basis,
pursuant to subparagraphs (A) through (F) of paragraph
(1), for the 5 years prior to implementation of this
subsection.
(3) This subsection does not affect the authority of
the Administrator to collect data under section 52 of
the Federal Energy Administration Act of 1974 (15
U.S.C. 790a).
(n) Water-Related Energy Consumption.--
(1) In general.--Not less than once during each 3-
year period, to aid in the understanding and reduction
of the quantity of energy used in association with the
use of water, the Administrator shall conduct an
assessment under which the Administrator shall collect
information on energy use in various sectors of the
economy that are associated with the procurement,
treatment, or delivery of water.
(2) Required sectors.--An assessment described in
paragraph (1) shall contain an analysis of water-
related energy use for all relevant sectors of the
economy, including water used for--
(A) agricultural purposes;
(B) municipal purposes;
(C) industrial purposes; and
(D) domestic purposes.
(3) Effect.--Nothing in this subsection affects the
authority of the Administrator to collect data under
section 52 of the Federal Energy Administration Act of
1974 (15 U.S.C. 790a).
(o) Collection of Information on Critical Energy
Supplies.--
(1) In general.--To ensure transparency of
information relating to energy infrastructure and
product ownership in the United States and improve the
ability to evaluate the energy security of the United
States, the Administrator, in consultation with other
Federal agencies (as necessary), shall--
(A) not later than 120 days after the date of
enactment of this subsection, develop and
provide notice of a plan to collect, in
cooperation with the Commodity Futures Trade
Commission, information identifying all oil
inventories, and other physical oil assets
(including all petroleum-based products and the
storage of such products in off-shore tankers)
that are owned by the 50 largest traders of oil
contracts (including derivative contracts), as
determined by the Commodity Futures Trade
Commission; and
(B) not later than 90 days after the date on
which notice is provided under subparagraph
(A), implement the plan described in that
subparagraph.
(2) Information.--The plan required under paragraph
(1) shall include a description of the plan of the
Administrator for collecting company-specific data,
including--
(A) volumes of product under ownership; and
(B) storage and transportation capacity
(including owned and leased capacity).
(3) Protection of proprietary information.--Section
12(f) of the Federal Energy Administration Act of 1974
(15 U.S.C. 771(f)) shall apply to information collected
under this subsection.
(p) Collection of Information on Storage Capacity for Oil
and Natural Gas.--
(1) In general.--Not later than 90 days after the
date of enactment of this subsection, the Administrator
of the Energy Information Administration shall collect
information quantifying the commercial storage capacity
for oil and natural gas in the United States.
(2) Updates.--The Administrator shall update annually
the information required under paragraph (1).
(3) Protection of proprietary information. Section
12(f) of the Federal Energy Administration Act of 1974
(15 U.S.C. 771(f)) shall apply to information collected
under this subsection.
(q) Financial Market Analysis Office.--
(1) Establishment.--There shall be within the Energy
Information Administration a Financial Market Analysis
Office, headed by a director, who shall report directly
to the Administrator of the Energy Information
Administration.
(2) Duties.--The Office shall--
(A) be responsible for analysis of the
financial aspects of energy markets;
(B) review the reports required by section
503(c) of the American Clean Energy Leadership
Act of 2009 in advance of the submission of the
reports to Congress; and
(C) not later than 1 year after the date of
enactment of this subsection--
(i) make recommendations to the
Administrator of the Energy Information
Administration that identify and
quantify any additional resources that
are required to improve the ability of
the Energy Information Administration
to more fully integrate financial
market information into the analyses
and forecasts of the Energy Information
Administration, including the role of
energy futures contracts, energy
commodity swaps, and derivatives in
price formation for oil; and
(ii) notify the Committee on Energy
and Natural Resources, and the
Committee on Appropriations, of the
Senate and the Committee on Energy and
Commerce, and the Committee on
Appropriations, of the House of
Representatives of the recommendations
described in clause (i).
(3) Analyses.--The Administrator of the Energy
Information Administration shall take analyses by the
Office into account in conducting analyses and
forecasting of energy prices.
* * * * * * *
SEC. 218. OFFICE OF ARCTIC ENERGY.
(a) Establishment.--The Secretary may establish within the
Department an Office of Arctic Energy (referred to in this
section as the ``Office'').
(b) Purposes.--The purposes of the Office shall be--
(1) to promote research, development, and deployment
of electric power technology that is cost-effective and
especially well suited to meet the needs of rural and
remote regions of the United States, especially regions
in which permafrost is present or located nearby;
(2) to promote research, development, and deployment
in regions described in paragraph (1) of--
(A) enhanced oil recovery technology,
including heavy oil recovery, reinjection of
carbon, and extended reach drilling
technologies;
(B) gas-to-liquids technology and liquefied
natural gas (including associated
transportation systems);
(C) small hydroelectric facilities, river
turbines, and tidal power; and
(D) natural gas hydrates, coal bed methane,
and shallow bed natural gas; and
(3) to promote research, development, and deployment
in those regions of cold weather of alternative energy
research, including wind, geothermal, fuel cells,
biomass, ocean hydrokinetic energy, and solar energy.
(c) Location.--The Secretary shall locate the Office at an
institution of higher education with expertise and experience
in the matters described in subsection (b).
(d) Annual Reports.--The Secretary shall submit to Congress
an annual report that describes the research program that is
proposed to carry out subsection (b)(3).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section--
(1) $15,000,000 for fiscal year 2010;
(2) $20,000,000 for fiscal year 2011; and
(3) $22,500,000 for fiscal year 2012 and each fiscal
year thereafter.
* * * * * * *
TITLE VI--ADMINISTRATIVE PROVISIONS
* * * * * * *
PART C--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
SEC. 645. SUBPENA.
For the purpose of carrying out the provisions of this Act,
the Secretary, or his duly authorized agent or agents, shall
have the same powers and authorities as the Federal Trade
Commission under section 9 of the Federal Trade Commission Act
with respect to all functions vested in, or transferred or
delegated to, the Secretary or such agents by this Act. For
purposes of carrying out its responsibilities under the Natural
Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.) and the Natural
Gas Act (15 U.S.C. 717 et seq.), the Commission shall have the
same powers and authority as the Secretary has under this
section.
SEC. 646. CONTRACTS.
* * * * * * *
[(g)(1) In addition to authority granted to the Secretary
under any other provision of law, the Secretary may exercise
the same authority to enter into transactions (other than
contracts, cooperative agreements, and grants), subject to the
same terms and conditions as the Secretary of Defense under
section 2371 of title 10, United States Code (other than
subsections (b) and (f) of that section).
[(2) In applying section 2371 of title 10, United States
Code, to the Secretary under paragraph (1)--
[(A) the term ``basic'' shall be replaced by the term
``research'';
[(B) the term ``applied'' shall be replaced by the
term ``development''; and
[(C) the terms ``advanced research projects'' and
``advanced research'' shall be replaced by the term
``demonstration projects''.
[(3) The authority of the Secretary under paragraph (1)
shall not be subject to--
[(A) section 9 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5908);
or
[(B) section 152 of the Atomic Energy Act of 1954 (42
U.S.C. 2182).
[(4)(A) The Secretary shall use such competitive, merit-
based selection procedures in entering into transactions under
paragraph (1), as the Secretary determines in writing to be
practicable.
[(B) A transaction under paragraph (1) shall relate to a
research, development, or demonstration project only if the
Secretary determines in writing that the use of a standard
contract, grant, or cooperative agreement for the project is
not feasible or appropriate.
[(5) The Secretary may protect from disclosure, for up to 5
years after the date on which the information is developed, any
information developed pursuant to a transaction under paragraph
(1) that would be protected from disclosure under section
552(b)(4) of title 5, United States Code, if obtained from a
person other than a Federal agency.
[(6)(A) Not later than 90 days after the date of enactment
of this subsection, the Secretary shall issue guidelines for
transactions under paragraph (1).
[(B) The guidelines shall be published in the Federal
Register for public comment in accordance with rulemaking
procedures of the Department.
[C) The Secretary shall not have authority to carry out
transactions under paragraph (1) until the guidelines for
transactions required under subparagraph (A) are final.
[(7) The annual report of the head of an executive agency
under section 2371(h) of title 10, United States Code, shall be
submitted to Congress.
[(8)(A) In this paragraph, the term ``nontraditional
Government contractor'' has the meaning given the term
``nontraditional defense contractor'' in section 845(f) of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 10 U.S.C. 2371 note).
[(B) Not later than 1 year after the date on which the
final guidelines are published under paragraph (6), the
Comptroller General of the United States shall submit to
Congress a report describing--
[(i) the use by the Department of authorities under
this section, including the ability to attract
nontraditional Government contractors; and
[[(ii) whether additional safeguards are necessary to
carry out the authorities.
[(9) The authority of the Secretary under this subsection
may be delegated only to an officer of the Department who is
appointed by the President by and with the advice and consent
of the Senate.
[(10) Notwithstanding any other provision of law, the
authority to enter into transactions under paragraph (1) shall
terminate on September 30, 2010.]
(g) Authority To Enter Into Other Transactions.--
(1) In general.--In addition to any other authority
granted to the Secretary to enter into procurement
contracts, leases, cooperative agreements, grants, and
certain arrangements, the Secretary may enter into
other transactions with public agencies, private
organizations, or other persons on such terms as the
Secretary considers appropriate to further functions
vested in the Secretary, including research,
development, or demonstration projects.
(2) Advance projects.--Notwithstanding any other
provision of law, the Secretary may exercise authority
provided under paragraph (1) without regard to section
3324 of title 31, United States Code.
(3) Relationship to other law.--The authority of the
Secretary under paragraph (1) shall not be subject to--
(A) section 9 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42
U.S.C. 5908); or
(B) section 152 of the Atomic Energy Act of
1954 (42 U.S.C. 2182).
(4) Protection of certain information from
disclosure.--
(A) In general.--Notwithstanding any other
provision of law, disclosure of information
described in subparagraph (B) is not required,
and may not be compelled, under section 552 of
title 5, United States Code, during the 5-year
period beginning on the date on which the
information is received by the Department.
(B) Award information.--The information
described in this subparagraph is information
in the records of the Department that--
(i) was submitted--
(I) to the Department as part
of a competitive or
noncompetitive process with the
potential to result in an award
to the person submitting the
information; and
(II) in conjunction with a
transaction entered into by the
Secretary pursuant to paragraph
(1); and
(ii) is--
(I) a proposal, proposal
abstract, and supporting
documents;
(II) a business plan
submitted on a confidential
basis; or
(III) technical information
submitted on a confidential
basis.
(5) Requirements.--
(A) Selection procedures.--In entering into
transactions under paragraph (1), the Secretary
shall use such competitive, merit-based
selection procedures as the Secretary
determines in writing to be practicable.
(B) Determination.--Before entering into a
transaction under paragraph (1), the Secretary
shall determine in writing that the use of a
standard contract, grant, or cooperative
agreement for the project is not feasible or
appropriate.
(C) Cost sharing.--A transaction under
paragraph (1) shall be subject to cost sharing
in accordance with section 988 of the Energy
Policy Act of 2005 (42 U.S.C. 16352).
(D) Limitation on delegation.--The authority
of the Secretary under this subsection may be
delegated only to an officer of the Department
who is appointed by the President by and with
the advice and consent of the Senate and may
not be redelegated to any other person.
(6) Annual reports.--The Secretary shall submit to
Congress an annual report on the use by the Department
of authorities under this section.
(7) Report.--
(A) Definition of nontraditional government
contractor.--In this paragraph, the term
`nontraditional Government contractor' has the
meaning given the term `nontraditional defense
contractor' in section 845(f) of the National
Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 2371 note).
(B) Report.--Not later than 2 years after the
date of enactment of this subparagraph, and 2
years thereafter, the Comptroller General of
the United States shall submit to Congress a
report describing--
(i) the use by the Department of
authorities under this section,
including the ability to attract
nontraditional Government contractors;
and
(ii) whether additional safeguards
are necessary to carry out the
authorities.''.
* * * * * * *
TITLE VIII--ENERGY PLANNING
SEC. 801. NATIONAL ENERGY POLICY PLAN.
(a) The President shall--
(1) prepare and submit to the Congress a proposed
National Energy Policy Plan (hereinafter in this title
referred to as a ``proposed Plan'') as provided in
subsection (b);
(2) seek the active participation by regional, State,
and local agencies and instrumentalities and the
private sector through public hearings in cities and
rural communities and other appropriate means to insure
that the views and proposals of all segments of the
economy are taken into account in the formulation and
review of such proposed Plan; and
[(3) include within the proposed Plan a comprehensive
summary of data pertaining to all fuel and energy needs
of persons residing in--
[(A) areas outside standard metropolitan
statistical areas; and
[(B) areas within standard metropolitan
statistical areas which are unincorporated or
are specified by the Bureau of the Census,
Department of Commerce, as rural areas.]
(3) ensure the participation and cooperation of all
relevant Federal agencies in the preparation of the
proposed Plan.
(b) Not later than [April 1, 1979, and biennially
thereafter,] February 1, 2010, and quadrennially thereafter,
the President shall transmit to the Congress the proposed Plan.
Such proposed Plan shall--
(1) consider and establish energy production,
utilization, and [conservation] energy efficiency
objectives, for periods of five and ten years,
necessary to satisfy projected energy needs of the
United States to meet the requirements of the general
welfare of the people of the United States and the
commercial and industrial life of the Nation, paying
particular attention to the needs for full employment,
price stability, energy security, economic growth,
environmental protection, reduction or sequestration of
greenhouse gas emissions nuclear non-proliferation,
special regional needs, and the efficient utilization
of public and private resources;
(2) analyze the policies of the Federal Government
(including mandates, subsidies, tariffs, and tax
policies) that encourage, or have the potential to
encourage--
(A) energy production in the United States;
(B) energy efficiency in the United States;
(C) the reduction, avoidance, or
sequestration of greenhouse gases in the United
States; or
(D) the reduction of air pollutants in the
environment;
[(2)] (3) identify the strategies that should be
followed and the resources that should be committed to
achieve such objectives, forecasting the level of
production and investment necessary in each of the
significant energy supply sectors and the level of
[conservation] efficiency and investment necessary in
each consuming sector, and outlining the appropriate
policies and actions of the Federal Government that
will maximize the private production and investment
necessary in each of the significant energy supply
sectors consistent with applicable Federal, State, and
local environmental laws, standards, and requirements;
and
[(3)] (4) recommend legislative and administrative
actions necessary and desirable to achieve the
objectives of such proposed Plan, including legislative
recommendations with respect to taxes or tax
incentives, Federal funding, regulatory actions,
antitrust policy, foreign policy, and international
trade.
* * * * * * *
(c) The President shall submit to the Congress with the
proposed Plan a report which shall include--
* * * * * * *
(4) a summary of research and development efforts
funded by the Federal Government to forestall energy
shortages, to reduce waste, to foster recycling, to
encourage [conservation practices,] energy efficiency
practices, to reduce or sequester greenhouse gas
emissions, to reduce the quantity of air pollutants in
the environment, to promote domestic energy production,
and to otherwise protect environmental quality,
including recommendations for developing technologies
to accomplish such purposes; and
(5) a review and appraisal of the adequacy and
appropriateness of technologies, procedures, and
practices (including competitive and regulatory
practices) employed by Federal, State, and local
governments and nongovernmental entities to achieve the
purposes of the Plan.
(d) The President shall [insure] ensure that consumers,
small businesses, and a wide range of other interests,
including those of individual citizens who have no financial
interest in the energy industry, are consulted in the
development of the Plan.
(e) National Academy of Sciences.--The President, acting
through the Secretary, shall enter into appropriate
arrangements with the National Academy of Sciences under which
the Academy shall--
(1) prepare reports and analyses that may contribute
to the development of the proposed Plan;
(2) review the proposed Plan; and
(3) submit to the President and to Congress a report
that describes the results of the review of the
proposed plan by the Academy.
* * * * * * *
SEC. 802. CONGRESSIONAL REVIEW.
(a) Each proposed Plan shall be referred to the appropriate
committees in the Senate and the House of Representatives.
(b) Each such committee shall review the proposed Plan and,
if it deems appropriate and necessary, report to the Senate or
the House of Representatives legislation regarding such Plan
which may contain such alternatives to, modifications of, or
additions to the proposed Plan submitted by the President as
the committee deems appropriate.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Executive Office of the President, such
sums as may be necessary to carry out--
(A) this title; and
(B) other activities to provide coordination
and integration of national energy and climate
policy; and
(2) to the Secretary, such sums as are necessary to
carry out section 801(e).
* * * * * * *
INSPECTOR GENERAL ACT OF 1978
Public Law 95-452, Approved October 12, 1978, as Amended
AN ACT To reorganize the executive branch of the Government and
increase its economy and efficiency by establishing Offices of
Inspector General within the Departments of Agriculture, Commerce,
Housing and Urban Development, the Interior, Labor, and Transportation,
and within the Community Services Administration, the Environmental
Protection Agency, the General Services Administration, the National
Aeronautics and Space Administration, the Small Business
Administration, and the Veterans' Administration, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act be cited as the ``Inspector General Act of 1978''.
* * * * * * *
SEC. 12. DEFINITIONS.
As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, or the Office
of Personnel Management; the Chairman of the Nuclear
Regulatory Commission or the Railroad Retirement Board;
the Chairperson of the Thrift Depositor Protection
Oversight Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; the chief executive officer of the
Resolution Trust Corporation; the Chairperson of the
Federal Deposit Insurance Corporation; the Commissioner
of Social Security, Social Security Administration; the
Director of the Federal Housing Finance Agency; the
Board of Directors of the Tennessee Valley Authority;
the President of the Export-Import Bank; the
Administrator of the Clean Energy Deployment
Administration; or the Federal Cochairpersons of the
Commissions established under section 15301 of title
40, United States Code; as the case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Railroad Retirement Board, the
Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, or the Veterans' Administration, the
Social Security Administration, the Federal Housing
Finance Agency, the Tennessee Valley Authority, the
Export-Import Bank, the Clean Energy Deployment
Administration, or the Commissions established under
section 15301 of title 40, United States Code, as the
case may be;
(3) the term ``Inspector General'' means the
Inspector General of an establishment;
(4) the term ``Office'' means the Office of Inspector
General of an establishment; and
(5) the term ``Federal agency'' means an agency as
defined in section 552(f) of title 5 (including an
establishment as defined in paragraph (2)), United
States Code, but shall not be construed to include the
General Accounting Office.
* * * * * * *
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
Public Law 95-617, Approved November 9, 1978, as Amended
AN ACT To suspend until the close of June 30, 1980, the duty on certain
doxorubicin hydrochloride antibiotics
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public
Utility Regulatory Policies Act of 1978''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Relationship to antitrust laws.
TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
* * * * * * *
Subtitle B--Standards for Electric Utilities
* * * * * * *
Sec. 117. Relationship to State law.
Sec. 118. Interconnection of certain small power production facilities.
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 608. Natural gas transportation policies.
Sec. 609. Rural and Remote Communities Electrification Grants.
Sec. 610. Federal Renewable Electricity Standard.
* * * * * * *
SEC. 2. FINDINGS.
* * * * * * *
(1) a program providing for increased conservation of
electric energy, increased efficiency in the use of
facilities and resources by electric utilities, and
equitable retail rates for electric consumers,
(2) a program to improve the wholesale distribution
of electric energy, the reliability of electric
service, the procedures concerning consideration of
wholesale rate applications before the Federal Energy
Regulatory Commission, the participation of the public
in matters before the Commission, and to provide other
measures with respect to the regulation of the
wholesale sale of electric energy,
(3) a program to provide for the expeditious
development of hydroelectric potential at existing
small dams to provide needed hydroelectric power,
(4) a program for the conservation of natural gas
while insuring that rates to natural gas consumers are
equitable,
(5) a program to encourage the development of crude
oil transportation systems, [and]
(6) the establishment of certain other authorities as
provided in title VI of this Act[.], and
(7) uniform national standards for the
interconnection of certain small power production
facilities.
* * * * * * *
TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
* * * * * * *
Subtitle B--Standards for Electric Utilities
* * * * * * *
SEC. 118. INTERCONNECTION OF CERTAIN SMALL POWER PRODUCTION FACILITIES.
(a) Standard for Facilities of 15 Kilowatts or Less.--The
Commission shall establish a standard by which each electric
utility shall make available, on request, interconnection
service to any electric consumer that the electric utility
serves with respect to any facility that generates up to 15
kilowatts of electric energy on the premises of the electric
consumer.
(b) Enforcement.--
(1) By the commission.--
(A) In general.--Except as provided in
paragraph (2), the Commission may enforce the
standard established under subsection (a)
against any electric utility.
(B) Administration.--The requirements of the
standard shall be treated as a rule enforceable
under the Federal Power Act (16 U.S.C. 791a et
seq.).
(2) By a state regulatory authority.--The Commission
may enter into an agreement with a State regulatory
authority to discontinue the enforcement of this
section in the State by the Commission if the
Commission finds that the State or the State regulatory
authority has adopted and is enforcing a standard for
interconnection services that is consistent with the
standard established under subsection (a).
(3) Resumption of commission enforcement.--The
Commission may rescind an agreement under paragraph (2)
and resume enforcement of the standard established
under subsection (a) if, as determined by the
Commission, the State has failed to enforce a
consistent State standard.
(c) Expanded Standard.--
(1) Report.--Not later than 3 years after the date of
enactment of this section, the Commission shall submit
to Congress a report on whether the standard
established under subsection (a) should be amended to
apply to facilities that generate up to 50 kilowatts of
electric energy on the premises of an electric
consumer.
(2) Authority to amend standard.--
(A) In general.--Except as provided in
subparagraph (B), if the Commission makes an
affirmative determination under paragraph (1),
the Commission may, after public notice and
comment, amend the standard established under
subsection (a) to apply to facilities that
generate up to 50 kilowatts of electric energy
on the premises of an electric consumer.
(B) Disapproval.--Subparagraph (A) shall not
apply if, during the first period of 90
calendar days (not counting days on which
either House is not in session because of an
adjournment of more than 3 days) of continuous
session of Congress (broken only by an
adjournment sine die) after the date of the
receipt of the report under paragraph (1), a
joint resolution is enacted disapproving the
amendment of the standard
(d) Model Standard for Facilities of up to 20 Megawatts.--
The Commission shall establish a model standard for the
interconnection of small power production facilities with a
capacity greater than 15 kilowatts, but not greater than 20
megawatts, for the consideration of State regulatory
authorities under section 111(d)(15).
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD.
(a) Definitions.--In this section:
(1) Affiliate.--The term ``affiliate'' when used with
respect to a person, means another person that directly
or indirectly owns or controls, is owned or controlled
by, or is under common ownership or control with, such
person, as determined under regulations issued by the
Secretary.
(2) Base quantity of electricity.--
(A) In general.--The term ``base quantity of
electricity'' means the total quantity of
electricity sold by an electric utility to
electric consumers in a calendar year.
(B) Exclusions.--The term ``base quantity of
electricity'' does not include--
(i) electricity generated by a
hydroelectric facility (including a
pumped storage facility but excluding
qualified hydropower) owned by an
electric utility or sold under contract
or rate order to an electric utility to
meet the needs of the retail customers
of the utility;
(ii) electricity generated through
the incineration of municipal solid
waste owned by an electric utility or
sold under contract or rate order to an
electric utility to meet the needs of
the retail customers of the utility;
(iii) the quantity of electricity
generated by a fossil-fuel facility
that is equal to the proportion of
greenhouse gases produced by such a
unit that are captured and geologically
sequestered; or
(iv)(I) electricity generated by a
nuclear generating unit placed in
service after the date of enactment of
this section; or
(II) additional energy generated by
an existing nuclear facility as a
result of efficiency improvements or
capacity additions made on or after the
date of enactment of this section.
(3) Biomass.--The term ``biomass'' has the meaning
given the term in section 203(b) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(b)).
(4) Distributed generation facility.--The term
``distributed generation facility'' means a facility at
or near a customer site that provides electric energy
to 1 or more customers for purposes other than resale
other than to a utility through a net metering
arrangement.
(5) Geothermal energy.--The term ``geothermal
energy'' means energy derived from a geothermal deposit
(within the meaning of section 613(e)(2) of the
Internal Revenue Code of 1986).
(6) Incremental cost of compliance.--
(A) In general.--The term ``incremental cost
of compliance'' means--
(i) the costs attributable to all
retail sales of electricity incurred in
a year by an electric utility to--
(I) generate renewable energy
eligible for Federal renewable
energy credits;
(II) acquire Federal
renewable energy credits; or
(III) make alternative
compliance payments in order to
comply with the requirements of
subsection (b); less
(ii)(I) the costs the electric
utility would have incurred to serve
all of the retail customers of that
electric utility in that year to
generate or acquire additional
electricity not eligible for renewable
energy credits if the requirements of
subsection (b) did not apply to the
electric utility; and
(II) the costs of compliance with any
comparable State renewable requirement.
(B) Cost of electricity.--In calculating the
incremental cost of compliance of an electric
utility under this section, the Secretary shall
take into account the reduction, if any, on the
cost of electricity generated with fossil fuels
associated with increased reliance on renewable
electric energy generation.
(7) Incremental geothermal production.--
(A) In general.--The term ``incremental
geothermal production'' means, for any year,
the excess of--
(i) the total kilowatt hours of
electricity produced from a facility
(including a distributed generation
facility) using geothermal energy; over
(ii) the average number of kilowatt
hours produced annually at the facility
for 5 of the previous 7 calendar years
before the date of enactment of this
section after eliminating the highest
and the lowest kilowatt hour production
years in that 7-year period.
(B) Special rule.--A facility described in
subparagraph (A) that was placed in service at
least 7 years before the date of enactment of
this section shall, commencing with the year in
which that date of enactment occurs, reduce the
amount calculated under subparagraph (A)(ii)
each year, on a cumulative basis, by the
average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such
cumulative sum, but not to exceed 30 percent.
(8) Incremental hydropower.--
(A) In general.--The term ``incremental
hydropower'' means additional energy generated
as a result of efficiency improvements or
capacity additions made on or after January 1,
1992.
(B) Exclusion.--The term ``incremental
hydropower'' does not include additional energy
generated as a result of operational changes
not directly associated with efficiency
improvements or capacity additions.
(C) Measurement and certification.--
Efficiency improvements and capacity additions
referred to in subparagraph (A) shall be--
(i) measured on the basis of the same
water flow information used to
determine a historic average annual
generation baseline for the
hydroelectric facility; and
(ii) certified by the Secretary or
the Federal Energy Regulatory
Commission.
(9) Indian land.--The term ``Indian land'' has the
meaning given the term in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
(10) Qualified hydropower.--
(A) In general.--The term ``qualified
hydropower'' means--
(i) incremental hydropower;
(ii) additions of capacity made on or
after January 1, 2001, or the effective
commencement date of an existing
applicable State renewable electricity
standard program at an existing
nonhydroelectric dam, if--
(I) the hydroelectric project
installed on the
nonhydroelectric dam--
(aa) is licensed by
the Federal Energy
Regulatory Commission,
or is exempt from
licensing, and is in
compliance with the
terms and conditions of
the license or
exemption; and
(bb) meets all other
applicable
environmental,
licensing, and
regulatory
requirements, including
applicable fish passage
requirements;
(II) the nonhydroelectric
dam--
(aa) was placed in
service before the date
of enactment of this
section;
(bb) was operated for
flood control,
navigation, or water
supply purposes; and
(cc) did not produce
hydroelectric power as
of the date of
enactment of this
section; and
(III) the hydroelectric
project is operated so that the
water surface elevation at any
given location and time that
would have occurred in the
absence of the hydroelectric
project is maintained, subject
to any license requirements
imposed under applicable law
that change the water surface
elevation for the purpose of
improving the environmental
quality of the affected
waterway, as certified by the
Federal Energy Regulatory
Commission; and
(iii) in the case of the State of
Alaska--
(I) energy generated by a
small hydroelectric facility
that produces less than 50
megawatts;
(II) energy from pumped
storage; and
(III) energy from a lake tap.
(B) Standards.--Nothing in this paragraph or
the application of this paragraph shall affect
the standards under which the Federal Energy
Regulatory Commission issues licenses for and
regulates hydropower projects under part I of
the Federal Power Act (16 U.S.C. 791a et seq.).
(11) Qualified waste-to-energy.--The term ``qualified
waste-to-energy'' means energy from the combustion of
post-recycled municipal solid waste, or from the
gasification or pyrolization of such waste and the
combustion of the resulting gas at the same facility,
if the owner or operator of the facility generating
electricity from the energy provides to the Commission,
on an annual basis--
(A) a certification that the facility is in
compliance with all applicable Federal and
State environmental permits;
(B) in the case of a facility that commences
operation before the date of enactment of this
section, a certification that the facility
meets emissions standards promulgated under
section 112 or 129 of the Clean Air Act (42
U.S.C. 7412, 7429) that apply as of the date of
enactment of this section to new facilities
within the relevant source category; and
(C) in the case of the combustion,
pyrolization, or gasification of municipal
solid waste, a certification that each local
government unit from which such waste
originates operates, participates in the
operation of, contracts for, or otherwise
provides for, recycling services for residents
of the local government unit.
(12) Renewable Energy.--The term ``renewable energy''
means electric energy generated at a facility
(including a distributed generation facility) from--
(A) solar, wind, or geothermal energy or
ocean energy;
(B) biomass;
(C) landfill gas;
(D) qualified hydropower;
(E) marine and hydrokinetic renewable energy
(as defined in section 632 of the Energy
Independence and Security Act of 2007 (42
U.S.C. 17211));
(F) incremental geothermal production;
(G) coal-mined methane;
(H) qualified waste-to-energy; or
(I) another renewable energy source based on
innovative technology, as determined by the
Secretary through rulemaking.
(b) Renewable Energy and Energy Efficiency Requirement.--
(1) Requirement.--
(A) In general.--Subject to subparagraph (B),
each electric utility that sells electricity to
electric consumers for a purpose other than
resale shall obtain a percentage of the base
quantity of electricity the electric utility
sells to electric consumers in any calendar
year from renewable energy or energy
efficiency.
(B) Percentage.--Except as provided in
section 611, the percentage obtained in a
calendar year under subparagraph (A) shall not
be less than the amount specified in the
following table:
Calendar year: Minimum annual percentage
2011 through 2013................................................. 3.0
2014 through 2016................................................. 6.0
2017 through 2018................................................. 9.0
2019 through 2020................................................. 12.0
2021 through 2039................................................. 15.0
(2) Means of compliance.--An electric utility shall
meet the requirements of paragraph (1) by--
(A) submitting to the Secretary renewable
energy credits issued under subsection (c);
(B) submitting Federal energy efficiency
credits issued under subsection (i), except
that those credits may not be used to meet more
than 26.67 percent of the requirements under
paragraph (1) in any calendar year;
(C) making alternative compliance payments to
the Secretary at the rate of 2.1 cents per
kilowatt hour (as adjusted for inflation under
subsection (g) if the electric utility does not
elect to petition the Secretary to waive the
requirements under subsection (d)(3)(C)); or
(D) a combination of activities described in
subparagraphs (A), (B), and (C).
(3) Phase-in.--The Secretary shall prescribe, by
regulation, a reasonable phase-in of the requirements
of paragraph (1) as the requirements apply to an
electric utility that becomes subject to this section
on or after January 1, 2013.
(c) Federal Renewable Energy and Energy Efficiency Credit
Trading Programs.--
(1) In general.--Not later than January 1, 2011, the
Secretary shall establish a Federal renewable energy
credit trading program, and a Federal energy efficiency
credit trading program, under which electric utilities
shall submit to the Secretary Federal renewable energy
credits and Federal energy efficiency credits to
certify the compliance of the electric utilities with
subsection (b)(1).
(2) Administration.--As part of the program, the
Secretary shall--
(A) issue renewable energy credits to
generators of electric energy from renewable
energy, regardless of whether the energy is
transmitted over the national interstate
transmission system;
(B) to the extent that renewable sources of
electricity are used in combination with other
sources of energy, issue credits only to the
extent that the electricity generated is from
renewable resources;
(C) issue renewable energy credits to
electric utilities associated with State
renewable electricity standard compliance
mechanisms pursuant to subsection (h);
(D) issue energy efficiency credits pursuant
to subsection (i);
(E) subject to subparagraph (F), ensure that
a kilowatt hour, including the associated
renewable energy credit or energy efficiency
credit, shall be used only once for purposes of
compliance with this Act;
(F) allow double credits for generation from
facilities on Indian land, and triple credits
for generation from small renewable distributed
generators (meaning those no larger than 1
megawatt), except that no distributed renewable
generation facilities on Indian land shall
receive a greater number of credits than triple
credits;
(G) allow triple credits for generation of
energy from algae;
(H) ensure that, with respect to a purchaser
that, as of the date of enactment of this
section, has a purchase agreement from a
renewable energy facility placed in service
before that date, the credit associated with
the generation of renewable energy under the
contract is issued to the purchaser of the
electric energy to the extent that the contract
does not already provide for the allocation of
the Federal credit; and
(I) issue tradeable renewable energy credits
for the useful electric and thermal output from
a facility that produces the output from
biomass, using a system under which--
(i) in the case of efficiency that is
less than 50 percent, 1 renewable
energy credit is awarded;
(ii) in the case of efficiency that
is 50 percent or more but less than 70
percent, 1.1 renewable energy credits
are awarded for the same unit output;
(iii) in the case of efficiency that
is 70 percent or more but less than 90
percent, 1.25 renewable energy credits
are awarded for the same unit output;
and
(iv) in the case of efficiency that
is 90 percent or more, 1.5 renewable
energy credits are awarded for the same
unit output.
(3) Duration.--A credit described in subparagraph
(A), (B), (C), or (D) of paragraph (2) may only be used
for compliance with this section during the 3-year
period beginning on the date of issuance of the credit.
(4) Transfers.--An electric utility that holds
credits in excess of the quantity of credits needed to
comply with subsection (b) may transfer the credits to
another electric utility in the same utility holding
company system.
(5) Delegation of market function.--
(A) In general.--The Secretary may delegate
to--
(i) an appropriate market-making
entity the administration of a national
renewable energy credit market and a
national energy efficiency credit
market for purposes of creating a
transparent national market for the
sale or trade of renewable energy
credits and energy efficiency credits;
and
(ii) regional entities the tracking
of dispatch of renewable generation.
(B) Administration.--Any delegation under
subparagraph (A) shall ensure that the tracking
and reporting of information concerning the
dispatch of renewable generation is
transparent, verifiable, and independent of any
generation or load interests with obligations
under this section.
(d) Enforcement.--
(1) Civil penalties.--Any electric utility that fails
to meet the requirements of subsection (b) shall be
subject to a civil penalty.
(2) Amount of penalty.--The amount of the civil
penalty shall be equal to the product obtained by
multiplying--
(A) the number of kilowatt-hours of electric
energy sold to electric consumers in violation
of subsection (b); by
(B) 200 percent of the value of the
alternative compliance payment, as adjusted for
inflation under subsection (g).
(3) Mitigation or waiver.--
(A) Penalty.--
(i) In general.--The Secretary may
mitigate or waive a civil penalty under
this subsection if the electric utility
is unable to comply with subsection (b)
due to a reason outside of the
reasonable control of the electric
utility.
(ii) Amount.--The Secretary shall
reduce the amount of any penalty
determined under paragraph (2) by the
amount paid by the electric utility to
a State for failure to comply with the
requirement of a State renewable energy
program if the State requirement is
greater than the applicable requirement
of subsection (b).
(B) Requirement.--The Secretary may waive the
requirements of subsection (b) for a period of
up to 5 years with respect to an electric
utility if the Secretary determines that the
electric utility cannot meet the requirements
due to a hurricane, tornado, fire, flood,
earthquake, ice storm, or other natural
disaster or act of God beyond the reasonable
control of the utility.
(C) Ratepayer protection.--Effective
beginning June 1, 2010, and not later than June
1 of each year thereafter, an electric utility
may petition the Secretary to waive, for the
following compliance year, all or part of the
requirements of subsection (b) in order to
limit the rate impact of the incremental cost
of compliance of the electric utility to not
more than 4 percent per retail customer in any
year.
(D) Variance.--A State public utility
commission or electric utility may submit an
application to the Secretary that requests a
variance from the requirements of subsection
(b) for 1 or more calendar years (including
suspension or reduction of the requirements) on
the basis of transmission constraints
preventing delivery of service.
(4) Procedure for assessing penalty.--The Secretary
shall assess a civil penalty under this subsection in
accordance with the procedures prescribed by section
333(d) of the Energy Policy and Conservation Act (42
U.S.C. 6303(d)).
(e) Alternative Compliance Payments.--
(1) In general.--An electric utility may satisfy the
requirements of subsection (b), in whole or in part, by
submitting in accordance with this subsection, in lieu
of each Federal renewable electricity credit or
megawatt hour of demonstrated total annual electricity
savings that would otherwise be due, a payment equal to
the amount required under subsection (b) in accordance
with such regulations as the Secretary may promulgate.
(2) Payment to state funds.--Payments made under this
subsection shall be made directly to the State in which
the electric utility is located, if the payments are
deposited directly into a fund within the treasury of
the State for use in accordance with paragraph (3).
(3) Use of grants.--The Governor of any State may
expend amounts in a State renewable energy escrow
account solely for purposes of--
(A) increasing the quantity of electric
energy produced from a renewable energy source
in the State, including nuclear and advanced
coal technologies for carbon capture and
sequestration;
(B) promoting the deployment and use of
electric drive vehicles in the State, including
the development of electric drive vehicles and
batteries; and
(C) offsetting the costs of carrying out this
section paid by electric consumers in the State
through--
(i) direct grants to electric
consumers; or
(ii) energy efficiency investments.
(4) Information and reports.--As a condition of
providing payments to a State under this subsection,
the Secretary may require the Governor to keep such
accounts or records, and furnish such information and
reports, as the Secretary determines are necessary and
appropriate for determining compliance with this
subsection.
(f) Exemptions.--During any calendar year, this section
shall not apply to an electric utility--
(1) that sold less than 4,000,000 megawatt-hours of
electric energy to electric consumers during the
preceding calendar year, except that sales to an
affiliate, lessee, or tenant of the electric utility
shall not be treated as sales to electric consumers
under this paragraph; or
(2) in Hawaii.
(g) Inflation Adjustment.--Not later than December 31 of
each year beginning in 2008, the Secretary shall adjust for
inflation the rate of the alternative compliance payment under
subsection (b)(2)(C).
(h) State Programs.--
(1) In general.--Subject to paragraph (2), nothing in
this section diminishes any authority of a State or
political subdivision of a State to adopt or enforce
any law or regulation respecting renewable energy or
energy efficiency, or the regulation of electric
utilities.
(2) Compliance.--Except as provided in subsection
(d)(3), no such law or regulation shall relieve any
person of any requirement otherwise applicable under
this section.
(3) Coordination.--The Secretary, in consultation
with States having such renewable energy and energy
efficiency programs, shall, to the maximum extent
practicable, facilitate coordination between the
Federal program and State programs.
(4) Regulations.--
(A) In general.--The Secretary, in
consultation with States, shall promulgate
regulations to ensure that an electric utility
that is subject to the requirements of this
section and is subject to a State renewable
energy standard receives renewable energy
credits if--
(i) the electric utility complies
with the State standard by generating
or purchasing renewable electric energy
or renewable energy certificates or
credits representing renewable electric
energy; or
(ii) the State imposes or allows
other mechanisms for achieving the
State standard, including the payment
of taxes, fees, surcharges, or other
financial obligations.
(B) Amount of credits.--The amount of credits
received by an electric utility under this
subsection shall equal--
(i) in the case of subparagraph
(A)(i), the quantity of renewable
energy resulting from the generation or
purchase by the electric utility of
renewable energy; and
(ii) in the case of subparagraph
(A)(ii), the pro rata share of the
electric utility, based on the
contributions to the mechanism made by
the electric utility or customers of
the electric utility, in the State, of
the quantity of renewable energy
resulting from those mechanisms.
(C) Prohibition on double counting.--The
regulations promulgated under this paragraph
shall ensure that a kilowatt-hour associated
with a renewable energy credit issued pursuant
to this subsection shall not be used for
compliance with this section more than once.
(i) Energy Efficiency Credits.--
(1) Definitions.--In this subsection:
(A) Customer facility savings.--The term
``customer facility savings'' means a reduction
in the consumption of end-use electricity at a
facility of an end-use consumer of electricity
served by an electric utility, as compared to--
(i) consumption at the facility
during a base year, taking into account
reductions attributable to causes other
than energy efficiency investments
(such as economic downturns, reductions
in customer base, favorable weather
conditions, or other such causes); or
(ii) in the case of new equipment
(regardless of whether the new
equipment replaces existing equipment
at the end of the useful life of the
existing equipment), consumption by
similar equipment of average efficiency
available for purchase at the time that
new equipment is acquired.
(B) Electricity savings.--The term
``electricity savings'' means--
(i) customer facility savings of
electricity consumption adjusted to
reflect any associated increase in fuel
consumption at the facility;
(ii) reductions in distribution
system losses of electricity achieved
by a retail electricity distributor, as
compared to losses attributable to new
or replacement distribution system
equipment of average efficiency (as
defined by the Secretary by
regulation); and
(iii) the output of new combined heat
and power systems, to the extent
provided under paragraph (5).
(C) Qualified electricity savings.--The term
``qualified electricity savings'' means
electricity saving that meet the measurement
and verification requirements of paragraph (4).
(2) Petition.--On petition by the Governor of a State
or, in the case of the power service area of the
Tennessee Valley Authority, the Board of Directors of
the Tennessee Valley Authority, the Secretary shall
allow up to 26.67 percent of the requirements of an
electric utility under subsection (b)(1) associated
with the sales of electricity of the utility in the
State to be met by submitting Federal energy efficiency
credits issued pursuant to this subsection.
(3) Issuance of energy efficiency credits.--
(A) In general.--The Secretary shall issue
energy efficiency credits for qualified
electricity savings achieved in States
described in paragraph (2) in accordance with
this subsection.
(B) Qualified electricity savings.--Subject
to subparagraph (C), in accordance with
regulations promulgated by the Secretary, the
Secretary shall issue credits for
(i) qualified electricity savings
achieved by an electric utility on or
after the date of enactment of this
section; and
(ii) qualified electricity savings
achieved by other entities (including
State agencies) on or after the date of
enactment of this section if--
(I) the measures used to
achieve the qualified
electricity savings were
installed or placed in
operation by the entity seeking
the credit; and
(II) an electric utility
eligible to receive efficiency
did not pay a substantial
portion of the cost of
achieving the qualified
electricity savings (unless the
utility has waived any
entitlement to the credit).
(C) Standards.--No credits shall be issued
for electricity savings achieved as a result of
compliance with a national, State, or local
building, equipment, or appliance efficiency
standard.
(4) Measurement and verification of electricity
savings.--Not later than January 2010, the Secretary
shall promulgate regulations regarding the measurement
and verification of electricity savings under this
subsection, including regulations covering--
(A) procedures and standards for defining and
measuring electricity savings that will be
eligible to receive credits under paragraph
(3), which shall--
(i) specify the types of energy
efficiency and energy conservation that
will be eligible for the credits;
(ii) require that energy consumption
for customer facilities or portions of
facilities in the applicable base and
current years be adjusted, as
appropriate, to account for changes in
weather, level of production, and
building area;
(iii) account for the useful life of
electricity savings measures;
(iv) include specified electricity
savings values for specific, commonly-
used efficiency measures; and
(v) exclude electricity savings
that--
(I) are not properly
attributable to measures
carried out by the entity
seeking the credit;
(II) have already been
credited under this section to
another entity; or
(III) do not result from
actions not intended to achieve
electricity savings;
(B) procedures and standards for third-party
verification of reported electricity savings;
and
(C) such requirements for information,
reports, and access to facilities as may be
necessary to carry out this subsection.
(5) Combined heat and power.--Under regulations
promulgated by the Secretary, the increment of
electricity output of a new combined heat and power
system that is attributable to the higher efficiency of
the combined system (as compared to the efficiency of
separate production of the electric and thermal
outputs), shall be considered electricity savings under
this subsection.
(j) Biomass Harvesting and Sustainability.--The provisions
of this section relating to biomass shall be administered in
accordance with section 203(e) of the Energy Policy Act of 2005
(42 U.S.C. 15852(e)).
(k) Loans for Projects To Comply With Federal Renewable
Electricity Standard.--
(1) Purposes.--The purposes of this subsection are--
(A) to reduce the cost incurred by electric
utilities in complying with the requirements of
this section; and
(B) to minimize the impact of the
requirements on electricity rates for
consumers.
(2) Loans.--The Secretary shall make loans available
to electric utilities to carry out qualified projects
approved by the Secretary to comply with the
requirements of this section.
(3) Qualified projects.--
(A) In general.--A loan may be made under
this subsection for a project--
(i) to construct a renewable energy
generation facility;
(ii) to install an energy efficiency
or electricity demand reduction
technology; or
(iii) to carry out any other project
approved by the Secretary that the
Secretary determines is consistent with
the purposes of this subsection.
(B) Disapproval.--The Secretary may
disapprove an application for a loan for a
project under this subsection if the Secretary
determines that--
(i) the revenues generated under the
project are unlikely to be sufficient
to cover the repayment obligations of
the proposed loan; or
(ii) the project is not otherwise
consistent with the purposes of this
subsection.
(4) Terms.--A loan made by the Secretary to an
electric utility under this subsection shall--
(A) be for a term of not to exceed 30 years;
and
(B) bear an annual interest rate that is 50
basis points more than the Federal funds rate
established by the Board of Governors of the
Federal Reserve System.
(5) Priority.--Notwithstanding any other provision of
law, the debt to the Federal Government under a loan
made to an electric utility under this subsection shall
have priority in any case in which the electric utility
files for bankruptcy protection under title 11, United
States Code.
(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection.
(l) Reconsideration.--
(1) Review.--
(A) In general.--Not later than January 15,
2017, and every 5 years thereafter, the
Secretary shall review and make recommendations
to Congress on the program established under
this section.
(B) Analysis.--The review shall analyze
whether--
(i) the program established under
this section has contributed to an
economically harmful increase in
electricity rates in regions of the
United States;
(ii) the program has resulted in net
economic benefits for the United
States; and
(iii) new technologies and clean,
renewable energy sources will advance
the purposes of this section.
(2) Recommendations.--The Secretary shall submit to
Congress recommendations on whether--
(A) the percentage of energy efficiency
credits eligible to be submitted under
subsection (b)(1) should be increased or
decreased;
(B) the percentage of renewable electricity
required under subsection (b)(1) should be
increased or decreased; and
(C) the definition of ``renewable energy''
should be expanded to reflect advances in
technology or previously unavailable sources of
clean or renewable energy.
(3) Report.--Not later than January 15, 2017, the
Secretary shall submit to Congress a report that
describes any recommendations of the Secretary on
changes to the program established under this section.
(m) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate
regulations implementing this section.
(n) Termination of Authority.--This section and the
authority provided by this section terminate on December 31,
2039.
NATIONAL ENERGY CONSERVATION POLICY ACT
Public Law 95-619, Approved November 9, 1978, as Amended
AN ACT For the relief of Jack R. Misner
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Energy Conservation Policy Act''.
* * * * * * *
TITLE V--FEDERAL ENERGY INITIATIVES
* * * * * * *
PART 3--FEDERAL ENERGY MANAGEMENT
* * * * * * *
SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.
* * * * * * *
[(f)] (g) Large Capital Energy Investments.--
(1) In general.--Each Federal agency shall ensure
that any large capital energy investment in an existing
building that is not a major renovation but involves
replacement of installed equipment (such as heating and
cooling systems), or involves renovation,
rehabilitation, expansion, or remodeling of existing
space, employs the most energy efficient designs,
systems, equipment, and controls that are life-cycle
cost effective.
(2) Process for review of investment decisions.--Not
later than 180 days after the date of enactment of this
subsection, each Federal agency shall--
(A) develop a process for reviewing each
decision made on a large capital energy
investment described in paragraph (1) to ensure
that the requirements of this subsection are
met; and
(B) report to the Director of the Office of
Management and Budget on the process
established.
(3) Compliance report.--Not later than 1 year after
the date of enactment of this subsection, the Director
of the Office of Management and Budget shall evaluate
and report to Congress on the compliance of each agency
with this subsection.
(h) Federal Implementation Strategy for Energy-Efficient
Information and Communications Technologies.--
(1) In general.--Not later than 1 year after the date
of enactment of this subsection, each Federal agency
shall collaborate with the Director of the Office of
Management and Budget (referred to in this subsection
as the `Director') to create an implementation strategy
(including best-practices and measurement and
verification techniques) for the maintenance, purchase,
and use of energy efficient and energy-reducing
information and communications technologies and
practices.
(2) Administration.--In developing an implementation
strategy, each Federal agency shall--
(A) consider information and communications
technologies and infrastructure, including--
(i) advanced metering infrastructure;
(ii) information and communications
technology services and products;
(iii) efficient data center
strategies;
(iv) computer power management;
(v) applications modernization and
rationalization;
(vi) building systems energy
efficiency; and
(vii) telework;
(B) ensure that the agency is eligible to
realize savings and rewards brought about
through increased efficiency; and
(C) to the maximum extent practicable,
incorporate existing standards, specifications,
performance metrics, and best management
practices.
(3) Performance goals.--
(A) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Director shall establish performance goals
for evaluating the efforts of Federal agencies
in improving the maintenance, purchase, and use
of energy efficiency of information and
communications technology systems.
(B) Administration.--The performance goals
shall--
(i) measure information technology
costs over a specific time period of 3
to 5 years; and
(ii) provide, to the maximum extent
practicable, a complete picture of all
costs, including energy costs.
(4) Reports.--
(A) Agency reports.--Each Federal agency
subject to the requirements of this subsection
shall include in the report of the agency under
section 527 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17143) a
description of the efforts of the agency under
this subsection.
(B) OMB Government efficiency report and
score cards.--Effective beginning not later
than April 1, 2011, the Director shall include
in the annual report and scorecard of the
Director under section 528 of the Energy
Independence and Security Act of 2007 (42
U.S.C. 17143) a description of the efforts of
Federal agencies under this subsection.
* * * * * * *
SEC. 546. INCENTIVES FOR AGENCIES.
* * * * * * *
(c) Utility Incentive Programs.--
(1) Agencies are authorized and encouraged to
participate in programs to increase energy efficiency
and for water conservation or the management of
electricity demand conducted by gas, water, or electric
utilities (including Independent Systems Operators,
State agencies, and third party entities implementing
those programs on behalf of utilities or State
agencies) and generally available to customers of such
utilities.
(2) Each agency may accept any financial incentive,
goods, or services generally available from any such
utility, State agency, and third party entity
implementing those programs on behalf of utilities or
State agencies, to increase energy efficiency or to
conserve water or manage electricity demand.
(3) Each agency is encouraged to enter into
negotiations with electric, water, and gas utilities,
State agencies, and third party entities implementing
those programs on behalf of utilities or State agencies
to design cost-effective demand management and
conservation incentive programs to address the unique
needs of facilities utilized by such agency.
(4) If an agency satisfies the criteria which
generally apply to other customers of a utility or
State agency incentive program, such agency may not be
denied collection of rebates or other incentives.
* * * * * * *
TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS
SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
(a) In General.--
* * * * * * *
[(E) Funding options.--In carrying out a
contract under this title, a Federal agency may
use any combination of--
[(i) appropriated funds; and
[(ii) private financing under an
energy savings performance contract.]
(E) Funding options.--Notwithstanding any
other provision of law, in carrying out a
contract under this title, a Federal agency may
use any combination of--
(i) appropriated funds; and
(ii) private financing under energy
savings performance contracts or other
private financing of energy savings
measures.
(3) Task or delivery orders.--
(A) In general.--The head of a Federal agency
may issue a task or delivery order under an
energy savings performance contract by--
(i)(I) notifying all contractors that
have received an award under the
contract that the agency proposes to
consider using energy savings
performance services for all or part of
the facilities of the agency;
(II) soliciting an expression of
interest in the performance of site
surveys or investigations and
feasibility designs and studies and the
submission of qualifications from the
contractors; and
(III) including in the notice summary
information concerning energy use for
any facilities that the agency has
specific interest in including in the
contract;
(ii) reviewing all expressions of
interest and qualifications submitted
pursuant to the notice provided under
clause (i);
(iii) selecting 2 or more contractors
(from among the contractors reviewed
under clause (ii)) to analyze the
respective qualifications of the
contractors to implement potential
energy conservation measures, including
requesting references demonstrating
experience on similar efforts and the
resulting energy savings of the similar
efforts;
(iv) selecting and authorizing--
(I) more than 1 contractor
(from among the contractors
selected under clause (iii)) to
conduct site surveys,
investigations, feasibility
designs and studies, or similar
assessments for the energy
savings performance contract
services (or for discrete
portions of the services), for
the purpose of allowing each
such contractor to submit a
firm, fixed-price proposal to
implement specific energy
conservation measures; or
(II) 1 contractor (from among
the contractors selected under
clause (iii)) to conduct a site
survey, investigation,
feasibility design and study,
or similar assessment for the
purpose of allowing the
contractor to submit a firm,
fixed-price proposal to
implement specific energy
conservation measures;
(v) negotiating a task or delivery
order for energy savings performance
contracting services with the 1 or more
contractors selected under clause (iv)
based on the energy conservation
measures identified; and
(vi) issuing a task or delivery order
for energy savings performance
contracting services to the 1 or more
contractors.
(B) Competition Requirements.--The issuance
of a task or delivery order for energy savings
performance contracting services pursuant to
subparagraph (A) shall be considered to satisfy
the task and delivery order competition
requirements of section 2304c(d) of title 10,
United States Code, and section 303J(d) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253j(d)).
(C) Guidance.--The Secretary may issue
guidance as necessary to Federal agencies
issuing task or delivery orders pursuant to
subparagraph (A).
* * * * * * *
SEC. 804. DEFINITIONS.
* * * * * * *
(2) The term ``energy savings'' means--
(A) a reduction in the cost of energy, water,
or wastewater treatment, from a base cost
established through a methodology set forth in
the contract, used in an existing federally
owned building or buildings or other federally
owned facilities as a result of--
(i) the lease or purchase of
operating equipment, improvements,
altered operation and maintenance, or
technical services;
(ii) the increased efficient use of
existing energy sources by cogeneration
or heat recovery, excluding any
cogeneration process for other than a
federally owned building or buildings
or other federally owned facilities; or
(iii) the increased efficient use of
existing water sources in either
interior or exterior applications;
(B) the increased efficient use of an
existing energy source by cogeneration or heat
recovery and installation of renewable energy
systems;
* * * * * * *
NUCLEAR WASTE POLICY ACT OF 1982
Public Law 97-425, Approved January 7, 1983, as Amended
AN ACT To provide for the development of repositories for the disposal
of high-level radioactive waste and spent nuclear fuel, to establish a
program of research, development, and demonstration regarding the
disposal of high-level radioactive waste and spent nuclear fuel, and
for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Nuclear Waste Policy Act of
1982''.
TABLE OF CONTENTS
* * * * * * *
TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTE
Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of the National Commission.
Sec. 604. Functions.
Sec. 605. Administration.
Sec. 606. Report.
Sec. 607. Funding.
Sec. 608. Termination.
* * * * * * *
TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTE
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established a Federal advisory committee to be
known as the ``National Commission on Nuclear Waste'' (referred
to in this title as the ``National Commission'').
SEC. 602. PURPOSES.
The purposes of the National Commission are--
(1) to conduct a comprehensive study of alternative
means of safely managing or disposing of spent nuclear
fuel and high-level radioactive waste from civilian
nuclear activity and atomic energy defense activity;
and
(2) to recommend to Congress such legislative or
other action as may be necessary to manage or dispose
of spent nuclear fuel and high-level radioactive waste
successfully and safely.
SEC. 603. COMPOSITION OF THE NATIONAL COMMISSION.
(a) Members.--The National Commission shall be composed of
11 members appointed by the President from among prominent
United States citizens with national recognition and
significant depth of experience in such professions as
government service, public administration, natural or physical
sciences, engineering, and public health and safety.
(b) Exclusion.--An officer or employee of the Federal
Government or any State or local government may not serve as a
member of the National Commission.
(c) Balance.--The membership of the National Commission
shall be fairly balanced in terms of the points of view
represented and functions to be performed by the National
Commission. Not more than 6 members of the National Commission
shall be members of the same political party.
(d) Independence.--The advice and recommendations of the
National Commission shall result from the National Commission's
independent judgment and shall not be inappropriately
influenced by any special interest.
(e) Chairman.--The President shall designate a chairman
(referred to in this title as the ``Chairman'') from among the
members of the National Commission.
SEC. 604. FUNCTIONS.
(a) Study of Alternative Waste Management Strategies.-- The
National Commission shall--
(1) examine alternative means of safely managing and
disposing of spent nuclear fuel and high-level
radioactive waste from civilian nuclear activity and
atomic defense activity, including--
(A) deep geologic disposal of spent nuclear
fuel and high-level radioactive waste in a
repository;
(B) long-term storage of spent nuclear fuel
and high-level radioactive waste at the sites
where it is currently stored or being
generated;
(C) long-term storage of spent nuclear fuel
and high-level radioactive waste at 1 or more
regional storage facilities;
(D) chemical reprocessing of spent nuclear
fuel with uranium and plutonium recycling; and
(E) such other alternatives or combination of
alternatives to managing and disposing of spent
nuclear fuel and high-level radioactive waste
as the National Commission determines to be
reasonable; and
(2) evaluate, for each of the alternatives considered
under paragraph (1)--
(A) the degree to which the alternative will
isolate spent nuclear fuel and high-level
radioactive waste from the public and the
environment;
(B) the degree to which the alternative will
expose workers, the general public, and the
environment to radiation during the handling,
treatment, or processing of spent nuclear fuel
and high-level radioactive waste prior to final
disposition;
(C) the degree to which the alternative will
be secure from attack or intrusion;
(D) the risk of nuclear proliferation posed
by the alternative;
(E) the total life cycle cost of the
alternative;
(F) the length of time needed to site,
license, and construct necessary facilities;
(G) the degree to which spent nuclear fuel
and high-level radioactive waste will need to
be transported between facilities; and
(H) the cumulative effect of the alternative
on the environment, and measures that can be
taken to avoid or minimize adverse effects of
the alternative on the environment.
(b) Review of Prior Repository Program.--The National
Commission shall--
(1) review the efforts of the Department to implement
the programs under title I and identify any
deficiencies in the implementation of those programs;
and
(2) recommend any measures to ensure that future
efforts to site a repository or storage facility will--
(A) provide a reasonable assurance that the
public and the environment will be adequately
protected from the hazards posed by spent
nuclear fuel or high-level radioactive waste
stored or disposed of in the facility; and
(B) be acceptable to the public.
(c) Review of Reprocessing and Advanced Fuel Cycle
Programs.--The National Commission shall--
(1) review foreign and domestic programs to reprocess
commercial spent nuclear fuel;
(2) assess the technical challenges of developing and
validating the safe operation of the processes and
systems required to recycle commercial spent nuclear
fuel without separating plutonium, including the time
and funding resources likely to be required;
(3) evaluate the regulatory adequacy of health and
safety standards for radionuclide release from
recycling facilities and recycled fuel fabrication
facilities;
(4) assess the probable forms of the final wastes
resulting from reprocessing operations, including how
such wastes would be stored and maintained pending
disposal; and
(5) analyze the technical, economic, environmental,
and health and safety advantages and disadvantages of
reprocessing spent nuclear fuel compared to disposal in
a geologic repository.
(d) Study of Incentives Program.--The National Commission
shall--
(1) examine the economic and other impacts of hosting
a nuclear waste repository, reprocessing facility, or
regional storage facility on the host State, any
affected Indian tribe, and any affected unit of local
government; and
(2) recommend measures it determines necessary or
advisable to provide economic compensation and
incentives to a State, Indian tribe, or unit of local
government that agrees to host a repository,
reprocessing facility, or regional storage facility.
(e) Study of Alternative Means of Managing and Operating
the Nuclear Waste Program.--The National Commission shall--
(1) study alternative approaches to managing the
construction and operation of civilian nuclear waste
management facilities, including the feasibility of
establishing a private corporation for such purposes;
and
(2) recommend whether responsibility for managing the
siting, construction, and operation, and monitoring of
civilian nuclear waste management facilities should
continue to be vested in the Secretary or whether it
should be transferred to an alternative Federal agency
or entity.
(f) Study of Alternative Means of Financing.--The National
Commission shall--
(1) examine the cost of carrying out nuclear waste
management activities;
(2) evaluate the adequacy of the Waste Fund; and
(3) recommend measures the National Commission
determines necessary or advisable for--
(A) the disposition of balances remaining in
the Waste Fund; and
(B) the collection and disposition of any
additional fees that may be needed to ensure
that the cost of carrying out nuclear waste
disposal activities are fully recovered from
the persons responsible for generating such
waste.
SEC. 605. ADMINISTRATION.
(a) Compensation.--Each member of the National Commission
shall be compensated at the daily equivalent of the annual rate
of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day the member is engaged in the work of the
National Commission.
(b) Travel Expenses.--Each member of the National
Commission may receive travel expenses, including per diem in
lieu of subsistence, in the same manner as person employed
intermittently in the Federal Government service under section
5703 of title 5, United States Code.
(c) Staff.--The Chairman is authorized to appoint and fix
the compensation of a staff director and such other personnel
as may be necessary to enable the National Commission to carry
out its functions, subject to the applicable provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) and title 5,
United States Code.
(d) Detailees.--
(1) In general.--Any Federal Government employee may
be detailed to the National Commission without
reimbursement from the National Commission.
(2) Exception.--Notwithstanding paragraph (1), no
employee of the Department may be detailed to the
National Commission.
(3) Effect on detailee.--Any such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultants.--The National Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code.
(f) Contracting.--The National Commission may, to the
extent funds are available under this title or subsequent
appropriation Acts, enter into contracts to enable the National
Commission to discharge its duties under this title.
(g) Information From Federal Agencies.--The National
Commission may request any Federal agency, including the
Nuclear Waste Technical Review Board, to furnish such
information, advice, or assistance as it determines necessary
to carry out its functions, and each such agency shall, to the
extent permitted by law, furnish such information, advice, or
assistance upon the request of the Chairman.
(h) Assistance From the General Services Administration.--
The Administrator of General Services shall, upon the request
of the Chairman, provide the National Commission with necessary
administrative services, facilities, and support, on a
reimbursable basis.
(i) Postal Services.--The National Commission may use the
United States mails in the same manner and under the same
conditions as a Federal agency.
SEC. 606. REPORT.
The National Commission shall submit to the President and
Congress a final report containing the National Commission's
findings, conclusions, and recommendations not later than 2
years after the date of enactment of this Act.
SEC. 607. FUNDING.
(a) Transfer of Funds.--Notwithstanding section 302(d), of
the amounts authorized to be appropriated to the Secretary from
the Waste Fund under the heading ``Nuclear Waste Disposal''
under title III of division C of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 618), $3,000,000 shall
be transferred to the National Commission for purposes of
carrying out this title.
(b) Duration of Availability.--Except as provided in
section 608(b), amounts made available to the National
Commission under subsection (a) shall remain available until
expended or the termination of the National Commission.
SEC. 608. TERMINATION.
(a) In General.--The National Commission, and all
authorities under this title, shall terminate 60 days after the
date on which the final report is submitted under section 606.
(b) Unexpended Funds.--Any funds made available to the
National Commission under section 607 that are not expended by
the National Commission by the date on which the National
Commission is terminated under subsection (a) shall be
deposited in the general fund of the Treasury.
FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF 1982
Public Law 97-451, Approved January 12, 1983, as Amended
AN ACT To ensure that all oil and gas originated on the public lands
and on the Outer Continental Shelf are properly accounted for under the
direction of the Secretary of the Interior, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Federal Oil and Gas Royalty
Management Act of 1982''.
TABLE OF CONTENTS
* * * * * * *
TITLE III--GENERAL PROVISIONS
Sec. 301. Secretarial authority.
Sec. 302. Reports.
Sec. 303. Study of other minerals.
Sec. 304. Relation to other laws.
Sec. 305. Effective date.
Sec. 306. Funding.
Sec. 307. Statute of limitations.
Sec. 308. Expanded royalty obligations.
Sec. 309. Severability.
Sec. 310. Minerals Management Service.
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
SEC. 309. SEVERABILITY.
If any provision of this Act or the applicability thereof
to any person or circumstances is held invalid, the remainder
of this Act and the application of such provision to other
persons or circumstances shall not be affected thereby.
SEC. 310. MINERALS MANAGEMENT SERVICE.
(a) Director.--Any Director of the Minerals Management
Service shall be appointed by the President, by and with the
advice and consent of the Senate.
(b) Discretion.--Nothing in this section affects the
discretion granted to the Secretary by Reorganization Plan No.
3 of 1950 (43 U.S.C. 1451 note; 64 Stat. 1262; 85 Stat. 76).
* * * * * * *
DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAM ENHANCEMENT ACT
Public Law 101-510, Approved November 5, 1990, as Amended
AN ACT To authorize appropriations for fiscal year 1991 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1991''.
* * * * * * *
DIVISION C--OTHER NATIONAL DEFENSE AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
PART E--DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS
* * * * * * *
SEC. 3164. SCIENCE EDUCATION PROGRAMS
(a) Programs.--The Secretary is authorized to establish
programs to enhance the quality of mathematics, science, and
engineering education. Any such programs shall be operated at
or through the support of Department research and development
facilities, shall use the scientific resources of the
Department, and shall be consistent with the overall Federal
plan for education and human resources in science and
technology developed by the Federal Coordinating Council for
Science, Engineering, and Technology.
(b) Organization of Science, Engineering, and Mathematics
Education Programs.--
(1) Director of science, engineering, and mathematics
education.--Notwithstanding any other provision of law,
the Secretary, acting through the Under Secretary for
Science (referred to in this subsection as the ``Under
Secretary''), shall appoint a Director of Science,
Engineering, and Mathematics Education (referred to in
this subsection as the ``Director'') with the principal
responsibility for administering science, engineering,
and mathematics education programs across all functions
of the Department.
(2) Qualifications.--The Director shall be an
individual, who by reason of professional background
and experience, is specially qualified to advise the
Under Secretary on all matters pertaining to science,
engineering, and mathematics education at the
Department.
(3) Duties.--The Director shall--
(A) oversee all science, engineering, and
mathematics education programs of the
Department;
(B) represent the Department as the principal
interagency liaison for all science,
engineering, and mathematics education
programs, unless otherwise represented by the
Secretary or the Under Secretary;
(C) prepare the annual budget and advise the
Under Secretary on all budgetary issues for
science, engineering, and mathematics education
programs of the Department;
(D) increase, to the maximum extent
practicable, the participation and advancement
of women and underrepresented minorities at
every level of science, technology,
engineering, and mathematics education; and
(E) perform other such matters relating to
science, engineering, and mathematics education
as are required by the Secretary or the Under
Secretary.
(4) Staff and other resources.--The Secretary shall
assign to the Director such personnel and other
resources as the Secretary considers necessary to
permit the Director to carry out the duties of the
Director.
(5) Assessment.--
(A) In general.--The Secretary shall offer to
enter into a contract with the National Academy
of Sciences under which the National Academy,
not later than 5 years after, and not later
than 10 years after, the date of enactment of
this paragraph, shall assess the performance of
the science, engineering, and mathematics
education programs of the Department.
(B) Considerations.--An assessment under this
paragraph shall be conducted taking into
consideration, where applicable, the effect of
science, engineering, and mathematics education
programs of the Department on student academic
achievement in science and mathematics.
(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection.
(c) Energy Career Academies.--The Director of Science,
Engineering, and Mathematics Education shall disseminate best
practices for career pathway programs at public secondary
schools that--
(1) prepare students for careers in the energy
technology industry (as defined in section 1101 of the
Energy Policy Act of 2005 (42 U.S.C. 16411); and
(2) provide sufficient training to allow academy
graduates to secure entry-level employment or
apprenticeships in the energy technology industry.
[(c)] (d) Relationship to Other Department Activities.--The
programs described in subsection (a) shall supplement and be
coordinated with current activities of the Department, but
shall not supplant them.
[(d)] (e) Science, Engineering, and Mathematics Education
Fund.--The Secretary shall establish a Science, Engineering,
and Mathematics Education Fund, using not less than 0.3 percent
of the amount made available to the Department for research,
development, demonstration, and commercial application for each
fiscal year, to carry out sections 3165, 3166, and 3167 [42
USCS 7381b, 7381c, 7381c-1].
[(e)] (f) Annual Plan for Allocation of Education
Funding.--The Secretary shall submit to Congress as part of the
annual budget submission for a fiscal year a report describing
the manner in which the Department has complied with subsection
(d) for the prior fiscal year and the manner in which the
Department proposes to comply with subsection (d) during the
following fiscal year, including--
(1) the total amount of funding for research,
development, demonstration, and commercial application
activities for the corresponding fiscal year;
(2) the amounts set aside for the Science,
Engineering, and Mathematics Education Fund under
subsection (d) from funding for research activities,
development activities, demonstration activities, and
commercial application activities for the corresponding
fiscal year; and
(3) a description of how the funds set aside under
subsection (d) were allocated for the prior fiscal year
and will be allocated for the following fiscal year.
[(f)] (g) Programs for Students From Under-Represented
Groups.--In carrying out a program under subsection (a), the
Secretary shall give priority to activities that are designed
to encourage students from under-represented groups to pursue
scientific and technical careers.
* * * * * * *
SEC. 3168. ENERGY CAREER ACADEMIES.
(a) Purpose.--The purpose of this section is to establish a
program of grants to State educational agencies to help local
educational agencies create or expand energy career academies.
(b) Definitions.--In this section:
(1) Community college.--The term ``community
college'' means--
(A) a junior or community college (as defined
in section 312(f) of the Higher Education Act
of 1965 (20 U.S.C. 1058(f))); and
(B) an institution of higher education at
which more than 35 percent of all degrees are
awarded at the 2-year level or below.
(2) Director.--The term ``Director'' means the
Director of Science, Engineering, and Mathematics
Education.
(3) Energy career academy.--The term ``energy career
academy'' means a public secondary school that meets
the best practices determined by the Director under
section 3164(c).
(4) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(5) Secondary school.--The term ``secondary school''
has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) State educational agency.--The term ``State
educational agency'' has the meaning given the term in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(c) Grants.--From the amounts made available under
subsection (h), the Secretary, acting through the Director and
in consultation with the Secretary of Labor, shall award
renewable 5-year grants to State educational agencies on a
competitive basis, to provide assistance to local educational
agencies for the costs of establishing or expanding energy
career academies.
(d) Federal and Non-federal Shares.--
(1) Federal share.--The Federal share of the costs
described in subsection (c) shall not exceed 33
percent.
(2) Non-federal share.--The non-Federal share of the
costs described in subsection (c) shall be--
(A) not less than 67 percent; and
(B) provided from non-Federal sources, in
cash or in kind, fairly evaluated, including
services.
(3) Maintenance of effort.--A State educational
agency shall provide assurances to the Secretary that
funds provided to the State under this section will be
used only to supplement, not to supplant, the amount of
Federal, State, and local funds otherwise expended for
activities covered by this section in the State.
(e) Application.--To be eligible to receive a grant under
this section, a State educational agency shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require that
describes--
(1) the process by which, and selection criteria with
which, the State educational agency will select and
designate a public secondary school to host the
proposed energy career academy;
(2) how the State educational agency will ensure that
funds made available under this section are used to
establish or expand an energy career academy;
(3) how the State educational agency will use
technical assistance and support from the Department,
industry partners, community colleges, and other
entities with experience and expertise in energy
workforce training;
(4) the curricula and materials to be used in the
energy career academy;
(5) the availability of funds from non-Federal
sources for the costs of the activities authorized
under this section; and
(6) a plan to sustain the program without Federal
funding.
(f) Distribution.--In awarding grants under this section,
the Director shall ensure a wide, equitable distribution of
grants among regions of the United States.
(g) Evaluation and Report.--
(1) Evaluation.--Each State educational agency that
receives a grant under this section shall develop and
carry out an evaluation and accountability plan for the
activities funded through the grant that measures the
impact of the activities, including measurable
objectives for student academic achievement, and job
placement statistics for academy graduates.
(2) Report to director.--The State educational agency
shall submit to the Director a report describing the
results of the evaluation and accountability plan.
(3) Report to congress.--Not later than 2 years after
the date of enactment of the American Clean Energy
Leadership Act of 2009, the Director shall submit a
report describing the impact of the activities assisted
with funds made available under this section to--
(A) the Committee on Science and Technology
of the House of Representatives;
(B) the Committee on Energy and Commerce of
the House of Representatives;
(C) the Committee on Education and Labor of
the House of Representatives;
(D) the Committee on Energy and Natural
Resources of the Senate; and
(E) the Committee on Health, Education,
Labor, and Pensions of the Senate.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $14,000,000 for fiscal year 2009;
(2) $22,500,000 for fiscal year 2010; and
(3) $30,000,000 for fiscal year 2011.
[SEC. 3168.] SEC. 3169. DEFINITIONS.
In this part:
(1) The term ``Secretary'' means the Secretary of
Energy.
(2) The term ``Department'' means the Department of
Energy.
(3) The term ``Department research and development
facilities'' means all Department of Energy single-
purpose and multi-purpose National Laboratories and
research and development facilities and programs, and
any other facility or program operated by a contractor
funded from the Office of Energy Research of the
Department of Energy.
(4) The term ``local educational agency'' has the
meaning given that term by section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(12)).
[SEC. 3169.] SEC. 3170. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for carrying out university research support and other science,
mathematics, and engineering education programs authorized by
this part and administered by the Office of Energy Research of
the Department of Energy, $40,000,000 for fiscal year 1991.
METHANE HDYRATE RESEARCH AND DEVELOPMENT ACT OF 2000
Public Law 106-193, Approved May 2, 2000, as Amended
AN ACT To promote the research, identification, assessment, exploration
and development of methane hydrate resources, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Hydrate Research and
Development Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in order to promote energy independence and meet
the increasing demand for energy, the United States
will require a diversified portfolio of substantially
increased quantities of electricity, natural gas, and
transportation fuels;
(2) according to the report submitted to Congress by
the National Research Council entitled Charting the
Future of Methane Hydrate Research in the United
States, the total United States resources of gas
hydrates have been estimated to be on the order of
200,000 trillion cubic feet;
(3) according to the report of the National
Commission on Energy Policy entitled Ending the Energy
Stalemate--A Bipartisan Strategy to Meet America's
Energy Challenge, and dated December 2004, the United
States may be endowed with over one-fourth of the
methane hydrate deposits in the world;
(4) according to the Energy Information
Administration, a shortfall in natural gas supply from
conventional and unconventional sources is expected to
occur in or about 2020; [and]
(5) the National Academy of Sciences states that
methane hydrate may have the potential to alleviate the
projected shortfall in the natural gas supply[.];
(6) methane is a powerful greenhouse gas that may be
exchanged between terrestrial methane hydrate
reservoirs and the atmosphere by natural or
anthropogenic processes; and
(7) the short- and long-term release of methane from
arctic or marine reservoirs may have significant
environmental effects, including global climate change.
* * * * * * *
SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--
* * * * * * *
[(b) Grants, Contracts, Cooperative Agreements, Interagency
Funds Transfer Agreements, and Field Work Proposals.--
[(1) Assistance and coordination.--In carrying out
the program of methane hydrate research and development
authorized by this section, the Secretary may award
grants to, or enter into contracts or cooperative
agreements with, institutions of higher education,
oceanographic institutions, and industrial enterprises
to--
[(A) conduct basic and applied research to
identify, explore, assess, and develop methane
hydrate as a commercially viable source of
energy;
[(B) identify methane hydrate resources
through remote sensing;
[(C) acquire and reprocess seismic data
suitable for characterizing methane hydrate
accumulations;
[(D) assist in developing technologies
required for efficient and environmentally
sound development of methane hydrate resources;
[(E) promote education and training in
methane hydrate resource research and resource
development through fellowships or other means
for graduate education and training;
[(F) conduct basic and applied research to
assess and mitigate the environmental impact of
hydrate degassing (including both natural
degassing and degassing associated with
commercial development);
[(G) develop technologies to reduce the risks
of drilling through methane hydrates; and
[(H) conduct exploratory drilling, well
testing, and production testing operations on
permafrost and nonpermafrost gas hydrates in
support of the activities authorized by this
paragraph, including drilling of one or more
full-scale production test wells.
[(2) Competitive peer review.--Funds made available
under paragraph (1) shall be made available based on a
competitive process using external scientific peer
review of proposed research.]
(b) Grants, Contracts, Cooperative Agreements, Interagency
Funds Transfer Agreements, and Field Work Proposals.--
(1) Assistance and coordination.--In carrying out the
program of methane hydrate research and development
authorized by this section, the Secretary may award
grants to, or enter into contracts or cooperative
agreements with, institutions that--
(A) conduct basic and applied research to
identify, explore, assess, and develop methane
hydrate as a commercially viable source of
energy;
(B) identify and characterize methane hydrate
resources using remote sensing and seismic
data;
(C) develop technologies required for
efficient and environmentally sound development
of methane hydrate resources;
(D) conduct basic and applied research to
assess and mitigate the environmental impact of
hydrate degassing (including natural degassing
and degassing associated with commercial
development);
(E) develop technologies to reduce the risks
of drilling through methane hydrates;
(F) conduct exploratory drilling, well
testing, and production testing operations on
permafrost and nonpermafrost gas hydrates in
support of the activities authorized by this
paragraph, including drilling of 3 or more
full-scale production test wells; or
(G) expand education and training programs in
methane hydrate resource research and resource
development through fellowships or other means
for graduate education and training.
(2) Environmental monitoring.--The Secretary shall
conduct a long-term environmental monitoring program to
study the effects of production from methane hydrate
reservoirs.
(3) Competitive peer review.--Funds made available
under paragraphs (1) and (2) shall be made available
based on a competitive process using external
scientific peer review of proposed research.
* * * * * * *
(e) Responsibilities of the Secretary.--In carrying out
[subsection (b)(1)] paragraphs (1) and (2) of subsection (b),
the Secretary shall--
(1) facilitate and develop partnerships among
government, industrial enterprises, and institutions of
higher education to research, identify, assess, and
explore methane hydrate resources;
(2) undertake programs to develop basic information
necessary for promoting long-term interest in methane
hydrate resources as an energy source;
(3) ensure that the data and information developed
through the program are accessible and widely
disseminated as needed and appropriate;
(4) promote cooperation among agencies that are
developing technologies that may hold promise for
methane hydrate resource development;
(5) report annually to Congress on the results of
actions taken to carry out this Act; and
(6) ensure, to the maximum extent practicable,
greater participation by the Department of Energy in
international cooperative efforts.
[SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to the Secretary
to carry out this Act, to remain available until expended--
[(1) $15,000,000 for fiscal year 2006;
[(2) $20,000,000 for fiscal year 2007;
[(3) $30,000,000 for fiscal year 2008;
[(4) $40,000,000 for fiscal year 2009; and
[(5) $50,000,000 for fiscal year 2010.]
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out this Act, to remain available until expended--
(1) for use in carrying out section 4(b)(1)--
(A) $60,000,000 for fiscal year 2011;
(B) $70,000,000 for fiscal year 2012;
(C) $80,000,000 for fiscal year 2013;
(D) $90,000,000 for fiscal year 2014; and
(E) $90,000,000 for fiscal year 2015; and
(2) for use in carrying out section 4(b)(2),
$10,000,000 for each of fiscal years 2010 through 2015.
FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
Public Law 106-398, Approved October 30, 2000
AN ACT To authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
ACT.
The provisions of H.R. 5408 of the 106th Congress, as
introduced on October 6, 2000, are hereby enacted into law.
SEC. 2. PUBLICATION OF ACT.
In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval an appendix setting forth
the text of the bill referred to in section 1.
APPENDIX--H.R. 5408
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
* * * * * * *
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
* * * * * * *
Subtitle G--Other Matters
* * * * * * *
[SEC. 3197. OFFICE OF ARCTIC ENERGY.
[(a) Establishment.--The Secretary of Energy may establish
within the Department of Energy an Office of Arctic Energy.
[(b) Purposes.--The purposes of such office shall be as
follows:
[(1) To promote research, development, and deployment
of electric power technology that is cost-effective and
especially well suited to meet the needs of rural and
remote regions of the United States, especially where
permafrost is present or located nearby.
[(2) To promote research, development, and deployment
in such regions of--
[(A) enhanced oil recovery technology,
including heavy oil recovery, reinjection of
carbon, and extended reach drilling
technologies;
[(B) gas-to-liquids technology and liquified
natural gas (including associated
transportation systems);
[(C) small hydroelectric facilities, river
turbines, and tidal power;
[(D) natural gas hydrates, coal bed methane,
and shallow bed natural gas; and
[(E) alternative energy, including wind,
geothermal, and fuel cells.
[(c) Location.--The Secretary shall locate such office at a
university with expertise and experience in the matters
specified in subsection (b).]
* * * * * * *
ALASKA NATURAL GAS PIPELINE ACT
Public Law 108-324, Approved October 13, 2004
AN ACT Making appropriations for military construction, family housing,
and base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Construction
Appropriations and Emergency Hurricane Supplemental
Appropriations Act, 2005''.
* * * * * * *
DIVISION C--ALASKA NATURAL GAS PIPELINE
SEC. 101. SHORT TITLE.
This division may be cited as the ``Alaska Natural Gas
Pipeline Act''.
* * * * * * *
SEC. 116. LOAN GUARANTEES.
(a) Authority.--(1) The Secretary may enter into agreements
with 1 or more holders of a certificate of public convenience
and necessity issued under section 103(b) of this division or
section 9 of the Alaska Natural Gas Transportation Act of 1976
(15 U.S.C. 719g) or with an entity the Secretary determines is
qualified to construct and operate a liquefied natural gas
project to transport liquefied natural gas from Southcentral
Alaska to West Coast States, to issue Federal guarantee
instruments with respect to loans and other debt obligations
for a qualified infrastructure project.
(2) Subject to the requirements of this section, the
Secretary may also enter into agreements with 1 or more owners
of the Canadian portion of a qualified infrastructure project
to issue Federal guarantee instruments with respect to loans
and other debt obligations for a qualified infrastructure
project as though such owner were a holder described in
paragraph (1), except that the total amount of principal that
may be guaranteed for a qualified liquefied natural gas project
may not exceed a principal amount in which the cost of loan
guarantees, as defined by section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds $2,000,000,000.
(3) The authority of the Secretary to issue Federal
guarantee instruments under this section for a qualified
infrastructure project shall expire on the date that is 2 years
after the date on which the final certificate of public
convenience and necessity (including any Canadian certificates
of public convenience and necessity) is issued for the project,
except that a holder of a certificate may request the Secretary
to extend the period to issue Federal guarantee instruments for
not more than 180 days following the date of resolution of any
reopening, contest, or other proceeding relating to the
certificate. A final certificate shall be considered to have
been issued when all certificates of public convenience and
necessity have been issued that are required for the initial
transportation of commercially economic quantities of natural
gas from Alaska to the continental United States, or connecting
to pipeline infrastructure capable of delivering commercially
economic quantities of natural gas to the continental United
States.
(b) Conditions.--(1) The Secretary may issue a Federal
guarantee instrument for a qualified infrastructure project
only after a certificate of public convenience and necessity
under section 103(b) of this division or an amended certificate
under section 9 of the Alaska Natural Gas Transportation Act of
1976 (15 U.S.C. 719g) has been issued for the project, or after
the Secretary certifies there exists a qualified entity to
construct and operate a liquefied natural gas project to
transport liquefied natural gas from Southcentral Alaska to
West Coast States. In no case shall loan guarantees be issued
for more than one qualified project.
[(2) The Secretary may issue a Federal guarantee instrument
under this section for a qualified infrastructure project only
if the loan or other debt obligation guaranteed by the
instrument has been issued by an eligible lender.]
[(3)] (2) The Secretary shall not require as a condition of
issuing a Federal guarantee instrument under this section any
contractual commitment or other form of credit support of the
sponsors (other than equity contribution commitments [and
completion guarantees)], or any throughput or other guarantee
from prospective shippers greater than such guarantees as shall
be required by the project owners.
[(4)] (3) Such loan guarantee may be utilized only by the
project chosen by the Federal Energy Regulatory Commission as
the qualified project.
* * * * * * *
(c) Limitations on Amounts.--
* * * * * * *
(2) The principal amount of loans and other debt
obligations guaranteed under this section shall not
exceed, in the aggregate,[$18,000,000,000]
$30,000,000,000, which amount shall be indexed for
United States dollar inflation from the date of
enactment of this Act, as measured by the Consumer
Price Index.
(d) Loan Terms and Fees.--
(1) The Secretary may issue Federal guarantee
instruments under this section that take into account
repayment profiles and grace periods justified by
project cash flows and project-specific considerations,
except that an issued loan guarantee instrument shall
apply to not less than 80 percent of project costs
unless by previous consent of the borrower. The term of
any loan guaranteed under this section shall not exceed
30 years.
(2) [An eligible] A lender may assess and collect
from the borrower such other fees and costs associated
with the application and origination of the loan or
other debt obligation as are reasonable and customary
for a project finance transaction in the oil and gas
sector.
* * * * * * *
(g) Definitions.--In this section:
(1) Consumer price index.--The term ``Consumer Price
Index'' means the Consumer Price Index for all-urban
consumers, United States city average, as published by
the Bureau of Labor Statistics, or if such index shall
cease to be published, any successor index or
reasonable substitute thereof.
[(2) Eligible lender.--The term ``eligible lender''
means any non-Federal qualified institutional buyer (as
defined by section 230.144A(a) of title 17, Code of
Federal Regulations (or any successor regulation),
known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of
1933), including--
[(A) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986 (26 U.S.C. 4974(c)) that is a qualified
institutional buyer; and
[(B) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986 (26 U.S.C. 414(d)) that is a qualified
institutional buyer.]
[(3)] (2) Federal guarantee instrument.--The term
``Federal guarantee instrument'' means any guarantee or
other pledge by the Secretary to pledge the full faith
and credit of the United States to pay all of the
principal and interest on any loan or other debt
obligation entered into by a holder of a certificate of
public convenience and necessity under subsection
(a)(3), including direct lending from the Federal
Financing Bank of all or a part of the amount to the
holder, in lieu of a guarantee.
[(4)] (3) Qualified infrastructure project.--The term
``qualified infrastructure project'' means an Alaskan
natural gas transportation project or system consisting
of the design, engineering, finance, construction, and
completion of pipelines and related transportation and
production systems (including gas treatment plants,
liquification plants, and liquefied natural gas tankers
for transportation of liquefied natural gas from
Southcentral Alaska to the West Coast), and
appurtenances thereto, that are used to transport
natural gas from the Alaska North Slope to the
continental United States.
ENERGY POLICY ACT OF 2005
Public Law 109-58, Approved August 8, 2005, as Amended
AN ACT To ensure jobs for our future with secure, affordable, and
reliable energy
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 Energy
Policy Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
* * * * * * *
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
* * * * * * *
(3) National laboratory.--The term ``National
Laboratory'' means any of the following laboratories
owned by the Department:
* * * * * * *
(O) Savannah River National Laboratory.
[(P) Stanford Linear Accelerator Center.]
(P) SLAC National Accelerator Laboratory.
(Q) Thomas Jefferson National Accelerator
Facility.
* * * * * * *
TITLE II--RENEWABLE ENERGY
Subtitle A--General Provisions
SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
* * * * * * *
(b) Contents of Reports.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the
Secretary shall publish a report based on the assessment under
subsection (a). The report shall contain--
(1) a detailed inventory describing the available
amount and characteristics of the renewable energy
resources[; and];
(2) with respect to biomass energy resources,
consideration of--
(A) the quantity of biomass needed for
thermal applications, biofuels, and biomass-
based electricity;
(B) the highest efficiency energy use of
biomass resources; and
(C) the requirements and costs associated
with deployment of biomass energy resources for
each application described in subparagraph (A);
(3) estimates of the market penetration for each
renewable energy resource that could be accomplished by
January 1, 2030, by investigating multiple alternative
scenarios, including--
(A) estimates with respect to each renewable
energy resource;
(B) an analysis of the potential of all
renewable energy resources; and
(C) potential impacts associated with the
development of each resource and all renewable
energy resources in combination; and
[(2)] (4) such other information as the Secretary
believes would be useful in developing such renewable
energy resources, including descriptions of surrounding
terrain, population and load centers, nearby energy
infrastructure, location of energy and water resources,
and available estimates of the costs needed to develop
each resource, together with an identification of any
barriers to providing adequate transmission for remote
sources of renewable energy resources to current and
emerging markets, recommendations for removing or
addressing such barriers, and ways to provide access to
the grid that do not unfairly disadvantage renewable or
other energy producers.
* * * * * * *
SEC. 203. FEDERAL PURCHASE REQUIREMENT.
(a) Requirement.--The President, acting through the
Secretary, shall seek to ensure that, to the extent
economically feasible and technically practicable, of the total
amount of [electric] energy the Federal Government consumes
during any fiscal year, the following amounts shall be
renewable energy:
* * * * * * *
[(b) Definitions.--In this section:
[(1) Biomass.--The term ``biomass'' means any lignin
waste material that is segregated from other waste
materials and is determined to be nonhazardous by the
Administrator of the Environmental Protection Agency
and any solid, nonhazardous, cellulosic material that
is derived from--
[(A) any of the following forest-related
resources: mill residues, precommercial
thinnings, slash, and brush, or nonmerchantable
material;
[(B) solid wood waste materials, including
waste pallets, crates, dunnage, manufacturing
and construction wood wastes (other than
pressure-treated, chemically-treated, or
painted wood wastes), and landscape or right-
of-way tree trimmings, but not including
municipal solid waste (garbage), gas derived
from the biodegradation of solid waste, or
paper that is commonly recycled;
[(C) agriculture wastes, including orchard
tree crops, vineyard, grain, legumes, sugar,
and other crop by-products or residues, and
livestock waste nutrients; or
[(D) a plant that is grown exclusively as a
fuel for the production of electricity.
[(2) Renewable energy.--The term ``renewable energy''
means electric energy generated from solar, wind,
biomass, landfill gas, ocean (including tidal, wave,
current, and thermal), geothermal, municipal solid
waste, or new hydroelectric generation capacity
achieved from increased efficiency or additions of new
capacity at an existing hydroelectric project.]
(b) Definitions.--In this section:
(1) Biomass.--The term ``biomass'' means the
following types of nonhazardous organic materials:
(A) Residues and byproducts from milled logs.
(B) Wood, paper products that are not
commonly recyclable, and vegetation (including
trees and trimmings, yard waste, pallets,
railroad ties, crates, and solid-wood
manufacturing and construction debris), if
diverted from or separated from other waste out
of a municipal waste stream.
(C) Hazard trees, trimmings, and brush that
are necessary to remove in order to maintain a
utility right-of-way or a public road (not
including any unpaved road within Federal
land).
(D) Trees, trimmings, and brush harvested
from the immediate vicinity of any building,
campground, or other structure in wildfire-
prone areas to reduce the risk to the structure
or campground or to human life from wildfires.
(E) Invasive species (as defined in Executive
Order 13112 (42 U.S.C. 4321 note; relating to
invasive species)) removed to control or
eradicate the invasive species.
(F) Animal waste and animal byproducts
(including biogas and any solid produced by
micro-organisms).
(G) Food waste.
(H) Algae.
(I) Slash, brush, trees, and other vegetation
that is harvested from non-Federal land or
Indian land
(i) that is, at the time of harvest--
(I) naturally regenerated
forest land;
(II) forest land that was
planted for the purpose of
restoring land to a naturally
regenerated forest; or
(III) if harvested in
quantities and through
practices that maintain or
contribute toward the
restoration of the species,
ecological systems, and
ecological communities for
which the conservation forest
land was identified,
conservation forest land; or
(ii) that is--
(I) at the time of harvest,
planted forest land; and
(II) on the date of enactment
of this section, cropland
(including fallow land),
pastureland, or planted forest
land.
(J) Crops, crop byproducts, and crop residues
from non-Federal land or Indian land that is
(i) at the time of harvest, not
forest land; and
(ii) on the date of enactment of this
section--
(I) cropland (including
fallow land and not including
planted forest land); or
(II) pastureland.
(K) If harvested from Federal land in
accordance with applicable law and land
management plans and in quantities and through
practices that maintain or contribute toward
the restoration of ecological sustainability--
(i) slash; and
(ii) brush and trees that are
byproducts of ecological restoration,
disease or insect infestation control,
or hazardous fuels reduction treatments
and--
(I) are from stands that--
(aa) were killed by
an insect or disease
epidemic or a natural
disaster; and
(bb) do not meet the
utilization standards
for sawtimber; or
(II) do not exceed the
minimum size standards for
sawtimber.
(2) Conservation forest land.--
(A) In general.--The term ``conservation
forest land'' means forest land that contains a
species, or includes all or part of an
ecological system or community, that is at risk
of extinction or elimination within a State or
globally.
(B) Identification.--Conservation forest land
shall be identified based on the best available
science and data by any of--
(i) the State in which the land is
located, unless the land is under the
jurisdiction of an Indian tribe;
(ii) an Indian tribe with
jurisdiction over the land; or
(iii) in consultation with the State
in which the land is located or the
Indian tribe with jurisdiction over the
land--
(I) the Secretary of
Agriculture; or
(II) the Secretary of the
Interior.
(C) Exceptions.--A tract of conservation
forest land may not be removed from
conservation forest land status under this
section as a result of land management
practices on the tract that--
(i) occurred on or after the date of
enactment of this subparagraph; and
(ii) contributed toward the
elimination of the species, or all or
part of an ecological system or
ecological community, for which the
land was identified as conservation
forest land.
(3) Federal land.--
(A) In general.--The term ``Federal land''
means--
(i) National Forest System land; and
(ii) public lands (as defined in
section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)).
(B) Exclusions.--
(i) In general.--The term ``Federal
land'' does not include--
(I) any area designated by
Congress to be administered for
conservation purposes; or
(II) a National Monument
proclaimed by the President.
(ii) Old growth or late successional
forest stands.--The term ``Federal
land'' does not include an old growth
or late successional forest stand
unless biomass from the stand does not
exceed the minimum size standards for
sawtimber and is a byproduct of an
ecological restoration treatment that
fully maintains, or contributes toward
the restoration of, the structure and
composition of an old growth forest
stand in accordance with the old growth
conditions characteristic of the forest
type and retains the large trees
contributing to old growth structure.
(4) Indian land.--The term ``Indian land'' has the
meaning given the term ``Indian country'' in section
1151 of title 18, United States Code.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(6) Non-federal land.--The term ``non-Federal land''
means land that is not owned by the Federal Government.
(7) Renewable energy.--The term ``renewable energy''
means energy generated from solar, wind, biomass,
landfill gas, ocean (including tidal, wave, current,
and thermal), geothermal, municipal solid waste, or new
hydroelectric generation capacity achieved from
increased efficiency or additions of new capacity at an
existing hydroelectric project.
(8) Secretary concerned.--The term ``Secretary
concerned'' means--
(A) the Secretary of Agriculture, with regard
to
(i) National Forest System land; and
(ii) except as provided by
subparagraph (B), non-Federal land; and
(B) the Secretary of the Interior, with
regard to
(i) public lands (as defined in
section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)); and
(ii) Indian land.
(c) Calculation.--For purposes of determining compliance
with the requirement of this section, the amount of renewable
energy shall be doubled if--
(1) the renewable energy is produced and used on-site
at a Federal facility;
(2) the renewable energy is produced on Federal lands
and used at a Federal facility; or
(3) the renewable energy is produced on Indian land
as defined in title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.) and used at a Federal
facility.
(d) Separate Calculation.--Renewable energy produced at a
Federal facility, on Federal land, or on Indian land (as
defined in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501))--
(1) shall be calculated separately from renewable
energy used; and
(2) may be used individually or in combination to
comply with subsection (a).
(e) Biomass Harvesting and Sustainability.--
(1) In general.--The Secretaries concerned shall
administer the provisions covered by subsection (b)(1)
relating to the harvesting of biomass from Federal land
and forest land.--
(2) Inter-agency biomass sustainability study.--
(A) In general.--The Secretary, in
consultation with the Secretary of Agriculture,
the Secretary of the Interior, and the
Administrator of the Environmental Protection
Agency, shall conduct a study that assesses the
impacts of biomass harvesting for energy
production on--
(i) landscape-level water quality,
soil productivity, wildlife habitat,
and biodiversity; and
(ii) conservation forest land.
(B) Timing.--The Secretary shall--
(i) complete the study required under
this paragraph not later than 5 years
after the date of enactment of this
subsection; and
(ii) update the study not later than
every 5 years thereafter.
(C) Basis.--The Secretary shall base the
study on the best available data and science.
(D) Recommendations.--The Secretary shall
include in the study such recommendations as
are appropriate to reduce the impacts described
in subparagraph (A).
(E) Public participation and availability.--
In carrying out this paragraph, the Secretary
shall--
(i) consult with States, Indian
tribes, and other interested
stakeholders;
(ii) make available, and seek public
comment on, a draft version of the
study results; and
(iii) make the final study results
available to the public.
[(d)] (f) Report.--Not later than April 15, 2007, and every
2 years thereafter, the Secretary shall provide a report to
Congress on the progress of the Federal Government in meeting
the goals established by this section.
(g) Contract Period.--
(1) In general.--Notwithstanding section 501(b)(1)(B)
of title 40, United States Code, a contract entered
into by a Federal agency to acquire renewable energy
may be made for a period of not more than 30 years.
(2) Technical assistance.--The Secretary shall
provide technical assistance to Federal agencies to
enter into contracts under this subsection.
(3) Standardized renewable energy purchase
agreement.--Not later than 90 days after the date of
enactment of this subsection, the Secretary, acting
through the Federal Energy Management Program, shall
publish a standardized renewable energy purchase
agreement setting forth commercial terms and conditions
that can be used by Federal agencies to acquire
renewable energy.
* * * * * * *
Subtitle B--Geothermal Energy
* * * * * * *
SEC. 234. DEPOSIT AND USE OF GEOTHERMAL LEASE REVENUES FOR 5 FISCAL
YEARS.
(a) Deposit of Geothermal Resources Leases.--
Notwithstanding any other provision of law, amounts received by
the United States [in the first 5 fiscal years beginning after
the date of enactment of this Act] for each of fiscal year
through fiscal year 2020 as rentals, royalties, and other
payments required under leases under the Geothermal Steam Act
of 1970, excluding funds required to be paid to State and
county governments, shall be deposited into a separate account
in the Treasury.
(b) Use of Deposits.--[Amounts]
(1) In general.--Amounts deposited under subsection
(a) shall be available to the Secretary of the Interior
for expenditure, without further appropriation and
without fiscal year limitation, to implement the
Geothermal Steam Act of 1970 and this Act.
(2) Authorization.--Effective for fiscal year 2011
and each fiscal year thereafter, amounts deposited
under subsection (a) shall be available to the
Secretary of the Interior for expenditure, subject to
appropriation and without fiscal year limitation, to
implement the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.) and this Act.
* * * * * * *
Subtitle E--Production Incentives
* * * * * * *
[SEC. 344. INCENTIVES FOR NATURAL GAS PRODUCTION FROM DEEP WELLS IN THE
SHALLOW WATERS OF THE GULF OF MEXICO.
[(a) Royalty Incentive Regulations for Ultra Deep Gas
Wells.--
[(1) In general.--Not later than 180 days after the
date of enactment of this Act, in addition to any other
regulations that may provide royalty incentives for
natural gas produced from deep wells on oil and gas
leases issued pursuant to the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall
issue regulations granting royalty relief suspension
volumes of not less than 35 billion cubic feet with
respect to the production of natural gas from ultra
deep wells on leases issued in shallow waters less than
400 meters deep located in the Gulf of Mexico wholly
west of 87 degrees, 30 minutes west longitude.
Regulations issued under this subsection shall be
retroactive to the date that the notice of proposed
rulemaking is published in the Federal Register.
[(2) Suspension volumes.--The Secretary may grant
suspension volumes of not less than 35 billion cubic
feet in any case in which--
[(A) the ultra deep well is a sidetrack; or
[(B) the lease has previously produced from
wells with a perforated interval the top of
which is at least 15,000 feet true vertical
depth below the datum at mean sea level.
[(3) Definitions.--In this subsection:
[(A) Ultra deep well.--The term ``ultra deep
well'' means a well drilled with a perforated
interval, the top of which is at least 20,000
true vertical depth below the datum at mean sea
level.
[(B) Sidetrack.--
[(i) In general.--The term
``sidetrack'' means a well resulting
from drilling an additional hole to a
new objective bottom-hole location by
leaving a previously drilled hole.
[(ii) Inclusion.--The term
``sidetrack'' includes--
[(I) drilling a well from a
platform slot reclaimed from a
previously drilled well;
[(II) re-entering and
deepening a previously drilled
well; and
[(III) a bypass from a
sidetrack, including drilling
around material blocking a hole
or drilling to straighten a
crooked hole.
[(b) Royalty Incentive Regulations for Deep Gas Wells.--Not
later than 180 days after the date of enactment of this Act, in
addition to any other regulations that may provide royalty
incentives for natural gas produced from deep wells on oil and
gas leases issued pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.), the Secretary shall issue
regulations granting royalty relief suspension volumes with
respect to production of natural gas from deep wells on leases
issued in waters more than 200 meters but less than 400 meters
deep located in the Gulf of Mexico wholly west of 87 degrees,
30 minutes west longitude. The suspension volumes for deep
wells within 200 to 400 meters of water depth shall be
calculated using the same methodology used to calculate the
suspension volumes for deep wells in the shallower waters of
the Gulf of Mexico, and in no case shall the suspension volumes
for deep wells within 200 to 400 meters of water depth be lower
than those for deep wells in shallower waters. Regulations
issued under this subsection shall be retroactive to the date
that the notice of proposed rulemaking is published in the
Federal Register.
[(c) Limitations.--The Secretary may place limitations on
the royalty relief granted under this section based on market
price. The royalty relief granted under this section shall not
apply to a lease for which deep water royalty relief is
available.]
* * * * * * *
[SEC. 345. ROYALTY RELIEF FOR DEEP WATER PRODUCTION.
[(a) In General.--Subject to subsections (b) and (c), for
each tract located in water depths of greater than 400 meters
in the Western and Central Planning Area of the Gulf of Mexico
(including the portion of the Eastern Planning Area of the Gulf
of Mexico encompassing whole lease blocks lying west of 87
degrees, 30 minutes West longitude), any oil or gas lease sale
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) occurring during the 5-year period beginning on the date
of enactment of this Act shall use the bidding system
authorized under section 8(a)(1)(H) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)).
[(b) Suspension of Royalties.--The suspension of royalties
under subsection (a) shall be established at a volume of not
less than--
[(1) 5,000,000 barrels of oil equivalent for each
lease in water depths of 400 to 800 meters;
[(2) 9,000,000 barrels of oil equivalent for each
lease in water depths of 800 to 1,600 meters;
[(3) 12,000,000 barrels of oil equivalent for each
lease in water depths of 1,600 to 2,000 meters; and
[(4) 16,000,000 barrels of oil equivalent for each
lease in water depths greater than 2,000 meters.
[(c) Limitation.--The Secretary may place limitations on
royalty relief granted under this section based on market
price.]
* * * * * * *
SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.
* * * * * * *
(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2006 through [2010] 2020.
* * * * * * *
SEC. 357. COMPREHENSIVE INVENTORY OF OCS OIL AND NATURAL GAS RESOURCES.
(a) In General.--[The Secretary shall conduct an inventory
and analysis of oil and natural gas resources beneath all of
the waters of the United States Outer Continental Shelf
(``OCS'').] The Secretary shall conduct a seismic inventory of
oil and natural gas, and prepare a summary (the latter prepared
with the assistance of, and based on information provided by,
the heads of appropriate Federal agencies) of the information
obtained under paragraph (3), for the waters of the United
States Outer Continental Shelf (referred to in this section as
the ``OCS'') in the Atlantic Region, the Eastern Gulf of
Mexico, and the Alaska Region. The inventory and analysis
shall--
(1) use available data on oil and gas resources in
areas offshore of Mexico and Canada that will provide
information on trends of oil and gas accumulation in
areas of the OCS;
(2) use any available technology, except drilling,
but including [3-D] 2-D and 3-D seismic technology to
obtain accurate resource estimates; and
[(3) analyze how resource estimates in OCS areas have
changed over time in regards to gathering geological
and geophysical data, initial exploration, or full
field development, including areas such as the
deepwater and subsalt areas in the Gulf of Mexico;
[(4) estimate the effect that understated oil and gas
resource inventories have on domestic energy
investments; and
[(5) identify and explain how legislative,
regulatory, and administrative programs or processes
restrict or impede the development of identified
resources and the extent that they affect domestic
supply, such as moratoria, lease terms and conditions,
operational stipulations and requirements, approval
delays by the Federal Government and coastal States,
and local zoning restrictions for onshore processing
facilities and pipeline landings.]
(3) use existing inventories and mapping of marine
resources undertaken by the National Oceanographic and
Atmospheric Administration and with the assistance of
and based on information provided by the Department of
Defense and other Federal and State agencies possessing
relevant data, and use any available data regarding
alternative energy potential, navigation uses,
fisheries, aquaculture uses, recreational uses,
habitat, conservation, and military uses.
[(b) Reports.--The Secretary shall submit a report to
Congress on the inventory of estimates and the analysis of
restrictions or impediments, together with any recommendations,
within 6 months of the date of enactment of the section. The
report shall be publicly available and updated at least every 5
years.]
(b) Implementation.--The Secretary shall carry out the
inventory and analysis under subsection (a) in 3 phases, with
priority given to all or part of applicable planning areas of
the outer Continental Shelf--
(1) estimated to have the greatest potential for
energy development in barrel of oil equivalent; and
(2) outside of any leased area or area scheduled for
leasing prior to calendar year 2011 under any outer
Continental Shelf 5-year leasing program or amendment
to the program under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344).
(c) Reports--
(1) In general.--Not later than 90 days after the
date of enactment of this paragraph, the Secretary
shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
provides a plan for executing the seismic inventories
required under this section, including an estimate of
the costs to complete the seismic inventory by region
and environmental and permitting activities to
facilitate expeditious completion.
(2) First phase.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary
shall submit to Congress a report describing the
results of the first phase of the inventory and
analysis under subsection (a).
(3) Subsequent phases.--Not later than 2 years after
the date on which the report is submitted under
paragraph (2) and 2 years thereafter, the Secretary
shall submit to Congress a report describing the
results of the second and third phases, respectively,
of the inventory and analysis under subsection (a).
(4) Public availability.--A report submitted under
paragraph (2) or (3) shall be--
(A) made publicly available; and
(B) updated not less frequently than once
every 5 years.
* * * * * * *
Subtitle F--Access to Federal Lands
* * * * * * *
SEC. 365. PILOT PROJECT TO IMPROVE FEDERAL PERMIT COORDINATION.
* * * * * * *
(j) Savings Provision.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency whose employees are participating in the
Pilot Project.
(k) Pilot Project Offices To Improve Federal Permit
Coordination for Renewable Energy.--
(1) Definition of renewable energy.--In this
subsection, the term ``renewable energy'' means energy
derived from a wind, solar, or geothermal source.
(2) Field offices.--As part of the Pilot Project, the
Secretary shall designate 1 field office of the Bureau
of Land Management in each of the following States to
serve as Renewable Energy Permit Coordination Offices
for coordination of Federal permits for renewable
energy projects and transmission involving Federal land
facilitating the development of renewable energy:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Idaho.
(F) Oregon.
(G) New Mexico.
(H) Nevada.
(I) Montana.
(J) Utah.
(K) Washington.
(L) Wyoming.
(3) Memorandum of understanding.--
(A) In general.--Not later than 90 days after
the date of enactment of this subsection, the
Secretary shall enter into an amended
memorandum of understanding under subsection
(b) to provide for the inclusion of the
additional Renewable Energy Pilot Project
Offices in the Pilot Project.
(B) Signature of secretary.--The Secretary
shall be a signatory of the amended memorandum
of understanding.
(C) Signatures by governors.--The Secretary
shall request that the Governors of each of the
States described in paragraph (2) be
signatories to the amended memorandum of
understanding.
(4) Designation of qualified staff.--Not later than
30 days after the date of the signing of the amended
memorandum of understanding, all Federal signatory
parties shall, if appropriate, assign to each Renewable
Energy Pilot Project Office designated under paragraph
(2) an employee described in subsection (c) to carry
out duties described in that subsection.
(5) Additional personnel.--The Secretary shall assign
to each Renewable Energy Pilot Project Office
additional personnel under subsection (f).
(6) Transfer of funds.--To coordinate and process
renewable energy authorizations on Federal land under
the jurisdiction of a Pilot Project Office designated
under paragraph (2), the Secretary may authorize the
expenditure or transfer of such funds as are necessary
to--
(A) any Federal agency described in
subsection (h); and
(B) any State described in paragraph (2).
(7) Funding.--
(A) In general.--The Federal share of any
royalties, fees, rentals, bonus bids, or other
payments from wind or solar development on land
administered by the Secretary shall be
deposited in a special fund in the Treasury to
be known as the ``BLM Wind and Solar Energy
Permit Processing Improvement Fund'' (referred
to in this subsection as ``Fund'').
(B) Authorization of appropriations.--There
is authorized to be appropriated from the Fund
or, to the extent amounts are not available in
the Fund, from the Treasury for the costs of
administering program operations for wind and
solar development under the Public Land
Renewable Energy Deployment and Adjustment Act
of 2009 and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.)
$10,000,000 for each of fiscal years 2009
through 2019, to remain available without
fiscal year limitation until expended.
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
Subtitle E--Nuclear Energy
SEC. 951. NUCLEAR ENERGY.
[(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to
carry out nuclear energy research, development, demonstration,
and commercial application activities, including activities
authorized under this subtitle, other than those described in
subsection (c)--
[(1) $330,000,000 for fiscal year 2007;
[(2) $355,000,000 for fiscal year 2008; and
[(3) $495,000,000 for fiscal year 2009.]
(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to
carry out nuclear energy research, development, demonstration,
and commercial application activities, including activities
authorized under this subtitle--
(1) $998,000,000 for fiscal year 2010;
(2) $1,196,000,000 for fiscal year 2011;
(3) $1,394,000,000 for fiscal year 2012; and
(4) $1,592,000,000 for fiscal year 2013.
(c) Nuclear Infrastructure and Facilities.--There are
authorized to be appropriated to the Secretary to carry out
activities under section 955--
* * * * * * *
SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.
* * * * * * *
(b) Annual Review.--The program shall be subject to annual
review by the Nuclear Energy [Research] Advisory Committee of
the Department or other independent entity, as appropriate.
(c) International Cooperation.--In carrying out the
program, the Secretary is encouraged to seek opportunities to
enhance the progress of the program through international
cooperation.
(d) Reports.--The Secretary shall submit, as part of the
annual budget submission of the Department, a report on the
activities of the program.
(e) Advanced Fuel Recycling Process Development.--
(1) Definition of advanced fuel recycling process.--
In this subsection through subsection (g), the term
``advanced fuel recycling process'' means an
integrated, proliferation-resistant, spent nuclear fuel
recycling or transmutation process that--
(A) does not separate pure plutonium;
(B) reduces the burden on geological
repositories for ultimate waste disposal;
(C) minimizes environmental and public health
and safety impacts; and
(D) is an alternative to reprocessing
technologies deployed prior to the date of
enactment of this subsection.
(2) Design, criteria, and evaluations.--In addition
to the activities authorized under subsection (a), the
Secretary shall--
(A) complete the development and testing of a
complete and integrated process flowsheet for
all steps involved in an advanced fuel
recycling process;
(B) characterize the waste streams resulting
from all steps in the advanced fuel recycling
process identified under subparagraph (A);
(C) develop waste treatment processes and
designs for disposal facilities for waste
streams characterized under subparagraph (B);
(D) on completion of sufficient technical
progress in the program, as evaluated under
subsection (g)--
(i) develop a generic environmental
impact statement for the technologies
developed under this subsection; and
(ii) conduct design and engineering
work sufficient to develop firm cost
estimates with respect to the
development of advanced fuel recycling
processes; and
(E) cooperate with the Nuclear Regulatory
Commission in making facilities of the
Department available to the Commission for
purposes of the Commission carrying out
independent, confirmatory research as part of
the licensing process for facilities
constructed or used under the program.
(f) Regulatory Standards.--
(1) In general.--The Nuclear Regulatory Commission
shall have licensing and related regulatory authority
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.) over facilities that use an advanced fuel
recycling process.
(2) Revision of applicable standards.--
(A) Nuclear regulatory commission.--The
Nuclear Regulatory Commission shall establish
standards for protection against radiation
(including occupational exposures) resulting
from activities at facilities that use an
advanced fuel recycling process, including
facilities to fabricate fuel enriched with
actinide elements other than uranium.
(B) Environmental protection agency.--The
Administrator of the Environmental Protection
Agency shall establish generally applicable
environmental standards for the protection of
the public and the general environment from
radioactive material released from facilities
that use an advanced fuel recycling process,
including facilities to fabricate fuel enriched
with actinide elements other than uranium.
(g) Comprehensive Evaluation.--
(1) In general.--On completion of sufficient
technical progress in the program under subsection (e),
the Secretary shall direct the Nuclear Energy Advisory
Committee and the Nuclear Waste Technical Review Board
to evaluate and prepare reports concerning the
readiness of the program for detailed design,
engineering, licensing, and deployment of advanced fuel
recycling processes.
(2) Report.--The Secretary shall submit to Congress
the reports of the Nuclear Energy Advisory Committee
and the Nuclear Waste Technical Review Board described
in paragraph (1) with the first budget request
submitted to carry out activities covered by the
reports.
* * * * * * *
Subtitle F--Fossil Energy
SEC. 961. FOSSIL ENERGY.
* * * * * * *
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out fossil energy
research, development, demonstration, and commercial
application activities, including activities authorized under
this subtitle--
(1) $611,000,000 for fiscal year 2007;
(2) $626,000,000 for fiscal year 2008; [and]
(3) $641,000,000 for fiscal year 2009[.];
(4) $1,074,000,000 for fiscal year 2010;
(5) $1,272,000,000 for fiscal year 2011;
(6) $1,470,000,000 for fiscal year 2012; and
(7) $1,668,000,000 for fiscal year 2013.
* * * * * * *
SEC. 963. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Industrial source.--The term ``industrial
source'' means any source of carbon dioxide that is not
naturally occurring.
(2) Large-scale.--The term ``large-scale'' means the
injection of 1,000,000 tons of carbon dioxide from
industrial sources over the lifetime of the project.
[(a)] (b) [In General.] Program.--The Secretary shall carry
out a 10-year carbon capture and sequestration research,
development, and demonstration program to develop carbon
dioxide capture and sequestration technologies related to
industrial sources of carbon dioxide for use--
(1) in new coal utilization facilities; and
(2) on the fleet of coal-based units in existence on
the date of enactment of this Act.
[(b)] (c) Objectives.--The objectives of the program under
[subsection (a)] subsection (b) shall be--
(1) to develop carbon dioxide capture technologies,
including adsorption and absorption techniques and
chemical processes, to remove the carbon dioxide from
gas streams containing carbon dioxide potentially
amenable to sequestration;
(2) to develop technologies that would directly
produce concentrated streams of carbon dioxide
potentially amenable to sequestration;
(3) to increase the efficiency of the overall system
to reduce the quantity of carbon dioxide emissions
released from the system per megawatt generated;
(4) in accordance with the carbon dioxide capture
program, to promote a robust carbon sequestration
program and continue the work of the Department, in
conjunction with the private sector, through regional
carbon sequestration partnerships; and
(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geologic
formations that will provide information on the cost
and feasibility of deployment of sequestration
technologies.
[(c)] (d) Programmatic Activities.--
* * * * * * *
(3) Large-scale carbon dioxide sequestration
testing.--
(C) Source of carbon dioxide for large-scale
sequestration tests.--In the process of any
acquisition of carbon dioxide for sequestration
tests under subparagraph (A), the Secretary
shall give preference to sources of carbon
dioxide from industrial sources. To the extent
feasible, the Secretary shall prefer tests that
would facilitate the creation of an integrated
system of capture, transportation and
sequestration of carbon dioxide. The preference
provided for under this subparagraph shall not
delay the implementation of the large-scale
sequestration tests under this paragraph.
[(D) Definition.--For purposes of this
paragraph, the term ``large-scale'' means the
injection of more than 1,000,000 tons of carbon
dioxide from industrial sources annually or a
scale that demonstrates the ability to inject
and sequester several million metric tons of
industrial source carbon dioxide for a large
number of years.]
* * * * * * *
[(d)] (e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
(1) $240,000,000 for fiscal year 2008;
(2) $240,000,000 for fiscal year 2009;
(3) $240,000,000 for fiscal year 2010;
(4) $240,000,000 for fiscal year 2011; and
(5) $240,000,000 for fiscal year 2012.
SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM.
(a) Definitions.--In this section:
(1) Industrial source.--The term ``industrial
source'' means any source of carbon dioxide that is not
naturally occurring.
(2) Large-scale.--The term ``large-scale'' means the
injection of over 1,000,000 tons of carbon dioxide each
year from industrial sources into a geological
formation.
(3) Secretary concerned.--The term ``Secretary
concerned'' means--
(A) the Secretary of Agriculture (acting
through the Chief of the Forest Service), with
respect to National Forest System land; and
(B) the Secretary of the Interior, with
respect to land managed by the Bureau of Land
Management (including land held for the benefit
of an Indian tribe).
(b) Program.--In addition to the research, development, and
demonstration program authorized by section 963, the Secretary
shall carry out a program to demonstrate the commercial
application of integrated systems for the capture, injection,
monitoring, and long-term geological storage of carbon dioxide
from industrial sources.
(c) Authorized Assistance.--In carrying out the program,
the Secretary may enter into cooperative agreements to provide
financial and technical assistance to up to 10 demonstration
projects.
(d) Project Selection.--The Secretary shall competitively
select recipients of cooperative agreements under this section
from among applicants that--
(1) provide the Secretary with sufficient geological
site information (including hydrogeological and
geophysical information) to establish that the proposed
geological storage unit is capable of long-term storage
of the injected carbon dioxide, including--
(A) the location, extent, and storage
capacity of the geological storage unit at the
site into which the carbon dioxide will be
injected;
(B) the principal potential modes of
geomechanical failure in the geological storage
unit;
(C) the ability of the geological storage
unit to retain injected carbon dioxide; and
(D) the measurement, monitoring, and
verification requirements necessary to ensure
adequate information on the operation of the
geological storage unit during and after the
injection of carbon dioxide;
(2) possess the land or interests in land necessary
for--
(A) the injection and storage of the carbon
dioxide at the proposed geological storage
unit; and
(B) the closure, monitoring, and long-term
stewardship of the geological storage unit;
(3) possess or have a reasonable expectation of
obtaining all necessary permits and authorizations
under applicable Federal and State laws (including
regulations); and
(4) agree to comply with each requirement of
subsection (e).
(e) Terms and Conditions.--The Secretary shall condition
receipt of financial assistance pursuant to a cooperative
agreement under this section on the recipient agreeing to--
(1) comply with all applicable Federal and State laws
(including regulations), including a certification by
the appropriate regulatory authority that the project
will comply with Federal and State requirements to
protect drinking water supplies;
(2) in the case of industrial sources subject to the
Clean Air Act (42 U.S.C. 7401 et seq.), inject only
carbon dioxide captured from industrial sources in
compliance with that Act;
(3) comply with all applicable construction and
operating requirements for deep injection wells;
(4) measure, monitor, and test to verify that carbon
dioxide injected into the injection zone is not--
(A) escaping from or migrating beyond the
confinement zone; or
(B) endangering an underground source of
drinking water;
(5) comply with applicable well-plugging, post-
injection site care, and site closure requirements,
including--
(A)(i) maintaining financial assurances
during the post-injection closure and
monitoring phase until a certificate of closure
is issued by the Secretary; and
(ii) promptly undertaking remediation
activities for any leak from the geological
storage unit that would endanger public health
or safety or natural resources; and
(B) complying with subsection (f);
(6) comply with applicable long-term care
requirements;
(7) maintain financial protection in a form and in an
amount acceptable to--
(A) the Secretary;
(B) the Secretary with jurisdiction over the
land; and
(C) the Administrator of the Environmental
Protection Agency; and
(8) provide the assurances described in section
963(d)(4)(B).
(f) Post Injection Closure And Monitoring Elements.--In
assessing whether a project complies with site closure
requirements under subsection (e)(5), the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, shall determine whether the recipient of
financial assistance has demonstrated continuous compliance
with each of the following over a period of not less than 10
consecutive years after the plume of carbon dioxide has
stabilized within the geologic formation that comprises the
geologic storage unit following the cessation of injection
activities:
(1) The estimated location and extent of the project
footprint (including the detectable plume of carbon
dioxide and the area of elevated pressure resulting
from the project) has not substantially changed and is
contained within the geologic storage unit.
(2) The injection zone formation pressure has ceased
to increase following cessation of carbon dioxide
injection into the geologic storage unit.
(3) There is no leakage of either carbon dioxide or
displaced formation fluid from the geologic storage
unit that is endangering public health and safety,
including underground sources of drinking water and
natural resources.
(4) The injected or displaced formation fluids are
not expected to migrate in the future in a manner that
encounters a potential leakage pathway.
(5) The injection wells at the site completed into or
through the injection zone or confining zone are
plugged and abandoned in accordance with the applicable
requirements of Federal or State law governing the
wells.
(g) Indemnification Agreements.--
(1) Definition of liability.--In this subsection, the
term ``liability'' means any legal liability for--
(A) bodily injury, sickness, disease, or
death;
(B) loss of or damage to property, or loss of
use of property; or
(C) injury to or destruction or loss of
natural resources, including fish, wildlife,
and drinking water supplies.
(2) Agreements.--Not later than 1 year after the date
of the receipt by the Secretary of a completed
application for a demonstration project, the Secretary
may agree to indemnify and hold harmless the recipient
of a cooperative agreement under this section from
liability arising out of or resulting from a
demonstration project in excess of the amount of
liability covered by financial protection maintained by
the recipient under subsection (e)(7).
(3) Exception for gross negligence and intentional
misconduct.--Notwithstanding paragraph (1), the
Secretary may not indemnify the recipient of a
cooperative agreement under this section from liability
arising out of conduct of a recipient that is grossly
negligent or that constitutes intentional misconduct.
(4) Collection of fees.--
(A) In general.--The Secretary shall collect
a fee from any person with whom an agreement
for indemnification is executed under this
subsection in an amount that is equal to the
net present value of payments made by the
United States to cover liability under the
indemnification agreement.
(B) Amount.--The Secretary shall establish,
by regulation, criteria for determining the
amount of the fee, taking into account--
(i) the likelihood of an incident
resulting in liability to the United
States under the indemnification
agreement; and
(ii) other factors pertaining to the
hazard of the indemnified project.
(C) Use of fees.--Fees collected under this
paragraph shall be deposited in the Treasury
and credited to miscellaneous receipts.
(5) Contracts in advance of appropriations.--
(A) In general.--Subject to subparagraph (B),
the Secretary may enter into agreements of
indemnification under this subsection in
advance of appropriations and incur obligations
without regard to section 1341 of title 31,
United States Code (commonly known as the
``Anti-Deficiency Act''), or section 11 of
title 41, United States Code (commonly known as
the ``Adequacy of Appropriations Act'').
(B) Limitation.--The amount of
indemnification under this subsection shall not
exceed $10,000,000,000 (adjusted not less than
once during each 5-year period following the
date of enactment of this section, in
accordance with the aggregate percentage change
in the Consumer Price Index since the previous
adjustment under this subparagraph), in the
aggregate, for all persons indemnified in
connection with an agreement and for each
project, including such legal costs as are
approved by the Secretary.
(6) Conditions of agreements of indemnification.--
(A) In general.--An agreement of
indemnification under this subsection may
contain such terms as the Secretary considers
appropriate to carry out the purposes of this
section.
(B) Administration.--The agreement shall
provide that, if the Secretary makes a
determination the United States will probably
be required to make indemnity payments under
the agreement, the Attorney General--
(i) shall collaborate with the
recipient of an award under this
subsection; and
(ii) may--
(I) approve the payment of
any claim under the agreement
of indemnification;
(II) appear on behalf of the
recipient;
(III) take charge of an
action; and
(IV) settle or defend an
action.
(C) Settlement of Claims.--
(i) In General.--The Attorney General
shall have final authority on behalf of
the United States to settle or approve
the settlement of any claim under this
subsection on a fair and reasonable
basis with due regard for the purposes
of this subsection.
(ii) Expenses.--The settlement shall
not include expenses in connection with
the claim incurred by the recipient.
(h) Federal Land.--
(1) In general.--The Secretary concerned may
authorize the siting of a project on Federal land under
the jurisdiction of the Secretary concerned in a manner
consistent with applicable laws and land management
plans and subject to such terms and conditions as the
Secretary concerned determines to be necessary.
(2) Framework for geological carbon sequestration on
public land.--In determining whether to authorize a
project on Federal land, the Secretary concerned shall
take into account the framework for geological carbon
sequestration on public land prepared in accordance
with section 714 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 121 Stat.
1715).
(i) Acceptance of Title and Long-Term Monitoring.--
(1) In general.--As a condition of a cooperative
agreement under this section, the Secretary may accept
title to, or transfer of administrative jurisdiction
from another Federal agency over, any land or interest
in land necessary for the monitoring, remediation, or
long-term stewardship of a project site.
(2) Long-term monitoring activities.--After accepting
title to, or transfer of, a site closed in accordance
with this section, the Secretary shall monitor the site
and conduct any remediation activities to ensure the
geological integrity of the site and prevent any
endangerment of public health or safety.
(3) Funding.--There is appropriated to the Secretary,
out of funds of the Treasury not otherwise
appropriated, such sums as are necessary to carry out
paragraph (2).
* * * * * * *
Subtitle G--Science
SEC. 971. SCIENCE.
* * * * * * *
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out research,
development, demonstration, and commercial application
activities of the Office of Science, including activities
authorized under this subtitle (including the amounts
authorized under the amendment made by section 976(b) and
including basic energy sciences, advanced scientific and
computing research, biological and environmental research,
fusion energy sciences, high energy physics, nuclear physics,
research analysis, and infrastructure support)--
(1) $4,153,000,000 for fiscal year 2007;
(2) $4,586,000,000 for fiscal year 2008;
(3) $5,200,000,000 for fiscal year 2009; [and]
[(4) $5,814,000,000 for fiscal year 2010.]
(4) $5,800,000,000 for fiscal year 2010;
(5) $6,468,740,000 for fiscal year 2011;
(6) $7,214,586,000 for fiscal year 2012; and
(7) $8,046,427,000 for fiscal year 2013.
* * * * * * *
Subtitle J--Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Resources
SEC. 999A. PROGRAM AUTHORITY.
(a) In General.--[The Secretary]
(1) Establishment.--The Secretary shall carry out a
program under this subtitle of research, development,
demonstration, and commercial application of
technologies for ultra-deepwater and unconventional
natural gas and other petroleum resource exploration
and production, including addressing the technology
challenges for small producers, safe operations, and
environmental mitigation (including reduction of
greenhouse gas emissions and sequestration of carbon).
(2) Name.--The program established under this section
shall be known as the ``Unconventional Domestic Natural
Gas and Other Petroleum Resources Program.''
* * * * * * *
(e) Consultation With Secretary of the Interior.--In
carrying out this subtitle, the Secretary shall consult
regularly with the Secretary of the Interior.
(f) Purposes.--In carrying out the program authorized by
this subtitle, the Secretary shall seek to establish
partnerships with research performers in institutions of higher
education and the private sector to undertake research and
development not likely otherwise to be undertaken in the
absence of support from the program.
* * * * * * *
SEC. 999B. ULTRA-DEEPWATER AND UNCONVENTIONAL ONSHORE NATURAL GAS AND
OTHER PETROLEUM RESEARCH AND DEVELOPMENT PROGRAM.
* * * * * * *
(e) Annual Plan.--
* * * * * * *
(3) Publication.--[The Secretary] Not later than
February 1 of each year, the Secretary shall transmit
to Congress and publish in the Federal Register the
annual plan, along with any written comments received
under paragraph (2)(A) and (B).
* * * * * * *
(f) Awards.--
* * * * * * *
(3) Oversight.--
(A) In general.--The program consortium shall
oversee the implementation of awards under this
subsection, consistent with the annual plan
under subsection (e), including disbursing
funds and monitoring activities carried out
under such awards for compliance with the terms
and conditions of the awards.
(B) Effect.--Nothing in subparagraph (A)
shall limit the authority or responsibility of
the Secretary to oversee awards, or limit the
authority of the Secretary to review or revoke
awards.
(4) Form of award.--The program consortium may make
awards in the form of grants, contracts, cooperative
agreements, or other transactions.
* * * * * * *
SEC. 999F. SUNSET.
The authority provided by this subtitle shall terminate on
September 30, [2014] 2017.
SEC. 999G. DEFINITIONS.
* * * * * * *
(3) Program administration funds.--The term ``program
administration funds'' means funds used by the program
consortium to administer the program under this
subtitle, but not to exceed the greater of $4,000,000
or 10 percent of the total funds allocated under
paragraphs (1) through (3) of section 999H(d).
* * * * * * *
SEC. 999H. FUNDING.
* * * * * * *
(d) Allocation.--Amounts obligated from the Fund under
subsection (a)(1) in each fiscal year shall be allocated as
follows:
[(1) 35 percent shall be for activities under section
999A(b)(1).]
(1) 35 percent shall be used for activities under
section 999A(b)(1), except that for each of fiscal
years 2010 through 2015 the amount made available under
this paragraph shall be used to carry out section 357
(for the completion of necessary environmental analyses
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), with a priority given to
completion of programmatic environmental impact
statements necessary to carry out the seismic inventory
or portions of the inventory required by section 357,
and the use of seismic technology to obtain accurate
resource estimates).
(2) 32.5 percent shall be for activities under
section 999A(b)(2).
(3) 7.5 percent shall be for activities under section
999A(b)(3).
(4)(A) except as provided in subparagraph (B), 25
percent shall be for complementary research under
section 999A(b)(4) and other activities under section
999A(b) to include program direction funds, overall
program oversight, contract management, and the
establishment and operation of a technical committee to
ensure that in-house research activities funded under
section 999A(b)(4) are technically complementary to,
and not duplicative of, research conducted under
paragraphs (1), (2), and (3) of section 999A(b).
(B) notwithstanding paragraph (A), for each of fiscal
years 2010 through 2015--
(i) 15 percent shall be used for the purposes
described in subparagraph (A); and
(ii) 10 percent shall be used for the
activities described in paragraph (1).
* * * * * * *
SEC. 999H. FUNDING.
* * * * * * *
(e) Authorization of Appropriations.--In addition to other
amounts that are made available to carry out this section,
there is authorized to be appropriated to carry out this
section [$100,000,000] $350,000,000 for each of fiscal years
2007 through 2016.
* * * * * * *
TITLE X--DEPARTMENT OF ENERGY MANAGEMENT
* * * * * * *
SEC. 1008. PRIZES FOR ACHIEVEMENT IN GRAND CHALLENGES OF SCIENCE AND
TECHNOLOGY.
* * * * * * *
(g) Innovation in Industry Grants.--
(1) In general.--As part of the program under this
section, the Secretary shall carry out a program to pay
the Federal share of competitively awarding grants to
State-industry partnerships in accordance with this
subsection to develop, demonstrate, and commercialize
new technologies or processes for industries that
significantly--
(A) reduce energy use and energy intensive
feedstocks;
(B) reduce pollution and greenhouse gas
emissions;
(C) reduce industrial waste; and
(D) improve domestic industrial cost
competitiveness.
(2) Administration.--
(A) Applications.--A State-industry
partnership seeking a grant under this
subsection shall submit to the Secretary an
application for a grant to carry out a project
to demonstrate an innovative energy efficiency
technology or process described in paragraph
(1).
(B) Cost sharing.--To be eligible to receive
a grant under this subsection, a State-industry
partnership shall agree to match, on at least a
dollar-for-dollar basis, the amount of Federal
funds that are provided to carry out the
project.
(C) Grant.--The Secretary shall provide to a
State-industry partnership selected under this
subsection a 1-time grant of not more than
$500,000 to initiate the project.
(3) Eligible projects.--A project for which a grant
is received under this subsection shall be designed to
demonstrate successful--
(A) industrial applications of energy
efficient technologies or processes that reduce
costs to industry and prevent pollution and
greenhouse gas releases; or
(B) energy efficiency improvements in
material inputs, processes, or waste streams to
enhance the industrial competitiveness of the
United States.
(4) Evaluation.--The Secretary shall evaluate
applications for grants under this subsection on the
basis of--
(A) the description of the concept;
(B) cost-efficiency;
(C) the capability of the applicant;
(D) the quantity of energy savings;
(E) the commercialization or marketing plan;
and
(F) such other factors as the Secretary
determines to be appropriate.
* * * * * * *
TITLE XI--PERSONNEL AND TRAINING
SEC. 1101. WORKFORCE TRENDS AND TRAINEESHIP GRANTS.
(a) Definitions.--In this section:
(1) Community college.--The term ``community
college'' means--
(A) a junior or community college (as defined
in section 312(f) of the Higher Education Act
of 1965 (20 U.S.C. 1058(f))); and
(B) an institution of higher education at
which more than 35 percent of all degrees are
awarded at the 2-year level or below.
[(1)] (2) Energy technology industry.--The term
``energy technology industry'' includes--
(A) a renewable energy industry;
(B) a company that develops or commercializes
a device to increase energy efficiency;
(C) the oil and gas industry;
(D) the nuclear power industry;
(E) the coal industry;
(F) the electric utility industry; and
(G) any other industrial sector, as the
Secretary determines to be appropriate.
[(2)] (3) Skilled technical personnel.--The term
``skilled technical personnel'' means--
(A) journey- and apprentice-level workers who
are enrolled in, or have completed, a
federally-recognized or State-recognized
apprenticeship program; and
(B) other skilled workers in energy
technology industries, as determined by the
Secretary.]
* * * * * * *
(c) Traineeship Grants for Skilled Technical Personnel.--
The Secretary, in consultation with the Secretary of Labor, may
establish programs in the appropriate offices of the Department
under which the Secretary provides grants to enhance training
(including distance learning) for any workforce category for
which a shortage is identified or predicted under subsection
(b)(2).
(d) Career Counselor Outreach.--The Secretary, in
consultation with the Secretary of Labor, shall establish a
program to communicate information collected under subsection
(b) on a nationwide basis to--
(1) guidance counselors at secondary schools;
(2) career development offices at community colleges
and institutions of higher education; and
(3) principals and district superintendents.
(e) Student Awareness of Energy Career Opportunities.--The
Secretary shall create and maintain a website, and interface
with Federal Trio programs, GEAR UP programs, or similar
programs, to provide secondary and postsecondary school
students with information on careers in energy technology
industries, including--
(1) career information and job descriptions for the
energy technology industry;
(2) projected workforce shortages in the energy
technology industry;
(3) a comprehensive listing and description of
institutions of higher education providing degrees with
a specific focus on the energy technology industry;
(4) a comprehensive listing and description of
community colleges and career training programs with a
particular focus on the energy technology industry; and
(5) sources of scholarships and other forms of
financial aid with particular relevance to the energy
technology industry.''.
[(d)] (f) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2006 through 2008.
* * * * * * *
TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES
SEC. 1701. DEFINITIONS.
* * * * * * *
(1) Commercial technology.--
(A) In general.--The term ``commercial
technology'' means a technology in general use
in the commercial marketplace.
[(B) Inclusions.--The term ``commercial
technology'' does not include a technology
solely by use of the technology in a
demonstration project funded by the
Department.]
(B) Exclusion.--The term ``commercial
technology'' does not include a technology if
the sole use of the technology is in connection
with--
(i) a demonstration project; or
(ii) a project for which the
Secretary approved a loan guarantee.
* * * * * * *
SEC. 1702. TERMS AND CONDITIONS.
(a) In General.--Except for division C of Public Law 108-
324, the Secretary shall make guarantees under this or any
other Act for projects on such terms and conditions as the
Secretary determines, after consultation with the Secretary of
the Treasury, only in accordance with this section.
[(b) Specific Appropriation or Contribution.--No guarantee
shall be made unless--
(1) an appropriation for the cost has been made; or
(2) the Secretary has received from the borrower a
payment in full for the cost of the obligation and
deposited the payment into the Treasury.]
(b) Specific Appropriation or Contribution.--
(1) In general.--No guarantee shall be made unless
sufficient amounts to account for the cost are
available--
(A) in unobligated balances within the Clean
Energy Investment Fund established under
section 103(a) of the American Clean Energy
Leadership Act;
(B) as a payment from the borrower and the
payment is deposited in the Clean Energy
Investment Fund; or
(C) in any combination of balances and
payments described in subparagraphs (A) and
(B), respectively.
(2) Limitation.--The source of payments received from
a borrower under paragraph (1)(B) shall not be a loan
or other debt obligation that is made or guaranteed by
the Federal Government.
(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b))
shall not apply to a loan or loan guarantee under this
section.
* * * * * * *
(g) Defaults.--
* * * * * * *
(2) Subrogation.--
[(B) Superiority of rights.--The rights of
the Secretary, 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.
[(C) Terms and conditions.--A guarantee
agreement shall include such detailed terms and
conditions as the Secretary 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 Secretary, to
complete and operate the project.]
(B) Superiority of rights.--Except as
provided in subparagraph (C), the rights of the
Secretary, 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.
(C) Terms and conditions.--A guarantee
agreement shall include such detailed terms and
conditions as the Secretary determines
appropriate to--
(i) protect the interests of the
United States in the case of default;
(ii) have available all the patents
and technology necessary for any person
selected, including the Secretary, to
complete and operate the project;
(iii) provide for sharing the
proceeds received from the sale of
project assets with other creditors or
control the disposition of project
assets if necessary to protect the
interests of the United States in the
case of default; and
(iv) provide such lien priority in
project assets as necessary to protect
the interests of the United States in
the case of a default.
* * * * * * *
(h) Fees.--
(1) In general.--The Secretary shall charge and
collect fees for guarantees in amounts the Secretary
determines are sufficient to cover applicable
administrative expenses.
[(2) Availability.--Fees collected under this
subsection shall--
[(A) be deposited by the Secretary into the
Treasury; and
[(B) remain available until expended, subject
to such other conditions as are contained in
annual appropriations Acts.]
(2) Availability.--Fees collected under this
subsection shall--
(A) be deposited by the Secretary in the
Clean Energy Investment Fund established under
section 103(a) of the American Clean Leadership
Act of 2009; and
(B) remain available to the Secretary for
expenditure, without further appropriation or
fiscal year limitation, for administrative
expenses incurred in carrying out this title.
(3) Adjustment.--The Secretary may adjust the amount
or manner of collection of fees under this title as the
Secretary determines is necessary to promote, to the
maximum extent practicable, eligible projects under
this title.
(4) Excess fees.--Of the amount of a fee imposed on
an applicant at the conditional commitment stage, 75
percent of the amount shall be refundable to the
applicant if there is no financial close on the
application, unless the Secretary determines that the
administrative costs of the Department have exceeded
the amount retained.
(5) Credit report.--If, in the opinion of the
Secretary, the credit rating of an applicant is not
relevant to the determination of whether or not support
will be provided and the applicant agrees to accept the
credit rating assigned to the applicant by the
Secretary, the Secretary may waive any requirement to
provide a third-party credit report.
* * * * * * *
(j) 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.
(k) Accelerated Reviews.--To the maximum extent practicable
and consistent with sound business practices, the Secretary
shall seek to conduct necessary reviews concurrently of an
application for a loan guarantee under this title such that
decisions as to whether to enter into a commitment on the
application can be issued not later than 180 days after the
date of submission of a completed application.
* * * * * * *
SEC. 1703. ELIGIBLE PROJECTS.
* * * * * * *
(b) Categories.--Projects from the following categories
shall be eligible for a guarantee under this section:
(1) Renewable energy systems.
(2) Advanced fossil energy technology (including coal
gasification meeting the criteria in subsection (d)).
(3) Hydrogen fuel cell technology for residential,
industrial, or transportation applications.
(4) Advanced nuclear energy facilities.
(5) Carbon capture and sequestration practices and
technologies, including agricultural and forestry
practices that store and sequester carbon.
(6) Efficient electrical generation, transmission,
and distribution technologies.
(7) Efficient end-use energy technologies.
(8) Production facilities for the manufacture of fuel
efficient vehicles or parts of those vehicles,
including electric drive vehicles and advanced diesel
vehicles.
(9) Pollution control equipment.
(10) Refineries, meaning facilities at which crude
oil is refined into gasoline.
(11) Low-Btu gas (as defined in section 425(a) of the
American Clean Energy Leadership Act of 2009) and
helium gas projects.
* * * * * * *
SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY
AND ELECTRIC POWER TRANSMISSION PROJECTS.
* * * * * * *
(c) Wage Rate Requirements.--The Secretary shall require
that each recipient of [support under this section] support
under this title provide reasonable assurance that all laborers
and mechanics employed.
* * * * * * *
TITLE XVIII--STUDIES
* * * * * * *
[SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORKERS.
[(a) In General.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the National Academy of Sciences shall conduct a study of the
short-term and long-term availability of skilled workers to
meet the energy and mineral security requirements of the United
States.
[(b) Inclusions.--The study shall include an analysis of--
[(1) the need for and availability of workers for the
oil, gas, and mineral industries;
[(2) the availability of skilled labor at both entry
level and more senior levels; and
[(3) recommendations for future actions needed to
meet future labor requirements.
[(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the results of the study.]
SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORKERS.
(a) In General.--The Secretary of the Interior, in
cooperation with the Secretary of Labor, shall enter into an
arrangement with the National Academies under which the
National Academies shall conduct a study of the short-term and
long-term availability of skilled workers to meet the energy
and mineral security requirements of the United States.
(b) Inclusions.--The study shall include--
(1) an analysis of the need for and availability of
workers for the oil, natural gas, coal, nonfuel
mineral, ground water, nuclear, geothermal, solar,
wind, and electric utility industries;
(2) an analysis of the availability of skilled labor
at both entry level and more senior levels;
(3) recommendations for actions needed to meet future
labor requirements;
(4) a description of current and projected education
and training programs for those workers at community
and technical colleges and universities or through
other job-specific training initiatives;
(5) an analysis of the potential for skilled foreign
labor to meet projected sectoral labor requirements;
(6) an assessment of potential job health and safety
impacts, national security, and domestic economic
impacts of a long-term workforce shortage or surplus;
and
(7) a description and evaluation of data sources
available, Federal data collection and coordination,
and potential research initiatives for future
decisionmaking relating to workforce issues.
(c) Report.--Not later than December 31, 2012, the
Secretary shall submit to Congress a report that describes the
results of the study.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000.
* * * * * * *
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2006
Public Law 109-54, Approved August 2, 2005
AN ACT Making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2006, and for other purposes
* * * * * * *
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year
ending September 30, 2006, and for other purposes, namely:
* * * * * * *
Sec. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181 (other than the 181 South Area (as defined in
section 102 of the Gulf of Mexico Energy Security Act of 2006)
and any other area that the Secretary of the Interior may offer
for leasing, preleasing, or any related activity under section
104 of that Act), as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
* * * * * * *
GULF OF MEXICO ENERGY SECURITY ACT OF 2006
Public Law 109-432, Approved December 20, 2006
AN ACT To amend the Internal Revenue Code of 1986 to extend expiring
provisions, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Tax Relief
and Health Care Act of 2006''.
* * * * * * *
DIVISION C--OTHER PROVISIONS
TITLE I--GULF OF MEXICO ENERGY SECURITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Gulf of Mexico Energy
Security Act of 2006.''
* * * * * * *
SEC. 104. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF GULF OF
MEXICO.
[(a) In General.--Effective during the period beginning on
the date of enactment of this Act and ending on June 30, 2022,
the Secretary shall not offer for leasing, preleasing, or any
related activity--
[(1) any area east of the Military Mission Line in
the Gulf of Mexico;
[(2) any area in the Eastern Planning Area that is
within 125 miles of the coastline of the State of
Florida; or
[(3) any area in the Central Planning Area that is--
[(A) within--
[(i) the 181 Area; and
[(ii) 100 miles of the coastline of
the State of Florida; or
[(B)(i) outside the 181 Area;
[(ii) east of the western edge of the
Pensacola Official Protraction Diagram
(UTM X coordinate 1,393,920 (NAD 27
feet)); and
[(iii) within 100 miles of the
coastline of the State of Florida.]
(a) In General.--Except as provided in subsection (d),
effective during the period beginning on the date of enactment
of this Act and ending on June 30, 2022, the Secretary shall
not offer for leasing, preleasing, or any related activity any
area in the Eastern Planning Area that is within 45 statute
miles of the coastline of the State of Florida.
(b) Military Mission Line.--Notwithstanding subsection (a),
the United States reserves the right to designate by and
through the Secretary of Defense, with the approval of the
President, national defense areas on the outer Continental
Shelf pursuant to section 12(d) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1341(d)).
* * * * * * *
(d) Exceptions.--
(1) Definitions.--In this paragraph:
(A) Destin dome area.--The term ``Destin Dome
Area'' means the area in the Central and
Eastern Planning Areas of the outer Continental
Shelf identified as ``Destin Dome (NH16-08)''
in the document entitled ``MMS Gulf of Mexico
Region Planning Areas and Active Leases'' and
dated May 14, 2009.
(B) Pensacola area.--The term ``Pensacola
Area'' means the area in the Central and
Eastern Planning Areas of the outer Continental
Shelf identified as ``Pensacola (NH16-05)'' in
the document entitled ``MMS Gulf of Mexico
Region Planning Areas and Active Leases'' and
dated May 14, 2009.
(2) Authorized areas.--The Secretary may offer for
leasing any area in the Destin Dome Area or the
Pensacola Area.
* * * * * * *
AMERICA COMPETES ACT
Public Law 110-69, Approved August 9, 2007
AN ACT To invest in innovation through research and development, and to
improve the competitiveness of the United States
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America COMPETES Act'' or
the ``America Creating Opportunities to Meaningfully Promote
Excellence in Technology, Education, and Science Act''.
* * * * * * *
TITLE V--DEPARTMENT OF ENERGY
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Protecting America's
Competitive Edge Through Energy Act'' or the ``PACE--Energy
Act''.
* * * * * * *
SEC. 5006. ENERGY UTILITY TRADES PROGRAM FOR COMMUNITY COLLEGES.
(a) Purpose.--The purpose of this section is to address the
decline in the number of qualified employees for the energy
utility industry.
(b) Definition of Community College.--In this section, the
term ``community college'' means--
(1) a junior or community college (as defined in
section 312(f) of the Higher Education Act of 1965 (20
U.S.C. 1058(f))); and
(2) an institution of higher education at which more
than 35 percent of all degrees are awarded at the 2-
year level or below.
(c) Establishment.--The Secretary shall establish, in
accordance with this section, a program to expand and enhance
the educational capabilities of community colleges to prepare
students for careers in trades relevant to the energy utility
industry.
(d) Grants.--The Secretary shall award competitive grants
to community colleges that establish or expand academic degree
programs in the energy utility trades, including technicians in
the nuclear utilities industry.
(e) Priority.--In evaluating grants under this section, the
Secretary shall give priority to proposals that involve
existing or new partnerships with private industry or other
eligible energy utility entities or involve schools with
underserved populations, as determined by the Secretary.
(f) Criteria.--Criteria for a grant awarded under this
section shall be based on--
(1) the potential to attract students to the program;
(2) the ability to offer hands-on learning
opportunities (including internships and
apprenticeship) in the energy utility sector;
(3) a demonstrated commitment to partner with
secondary schools to promote careers in the energy
utility industry; and
(4) the long-term sustainability of the program
without Federal funding.
(g) Duration and Amount.--
(1) Duration.--A grant under this section may be--
(A) up to 5 years in duration; and
(B) renewed subject to the criteria described
in subsection (f).
(2) Amount.--A community college that receives a
grant under this section shall be eligible for up to
$500,000 for each year of the grant period.
(h) Use of Funds.--A community college that receives a
grant under this section may use the grant to--
(1) recruit and retain new faculty;
(2) develop core and specialized course content;
(3) encourage collaboration between faculty and
industry partners;
(4) support outreach efforts to recruit students; and
(5) provide scholarships to participating students.
[SEC. 5006.] SEC. 5007. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR
SCIENCE, ENGINEERING, AND MATHEMATICS RESEARCHERS.
(a) Grant Awards.--The Director of the Office of Science of
the Department (referred to in this section as the
``Director'') shall carry out a program to award grants to
scientists and engineers at an early career stage at
institutions of higher education and organizations described in
subsection (c) to conduct research in fields relevant to the
mission of the Department.
* * * * * * *
[SEC. 5007.] SEC. 5008. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT
OF ENERGY FOR BASIC RESEARCH.
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following: ``(4)
$5,814,000,000 for fiscal year 2010.''.
[SEC. 5008.] SEC. 5009. DISCOVERY SCIENCE AND ENGINEERING INNOVATION
INSTITUTES.
(a) In General.--The Secretary shall establish distributed,
multidisciplinary institutes (referred to in this section as
``Institutes'') centered at National Laboratories to apply
fundamental science and engineering discoveries to
technological innovations relating to--
* * * * * * *
[SEC. 5009.] SEC. 5010. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE)
GRADUATE FELLOWSHIP PROGRAM.
(a) Definition of Eligible Student.--In this section, the
term ``eligible student'' means a student who attends an
institution.
* * * * * * *
[SEC. 5010.] SEC. 5011. SENSE OF CONGRESS REGARDING CERTAIN
RECOMMENDATIONS AND REVIEWS.
It is the sense of Congress that--
(1) the Department of Energy should implement the
recommendations contained in the report of the
Government Accountability Office numbered 04-639; and
(2) the Secretary of Energy should annually conduct
reviews in accordance with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) of at least
2 recipients of grants provided by the Department of
Energy.
[SEC. 5011.] SEC. 5012. DISTINGUISHED SCIENTIST PROGRAM.
(a) Purpose.--The purpose of this section is to promote
scientific and academic excellence through collaborations
between institutions of higher education and National
Laboratories.
* * * * * * *
SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
(a) Definitions.--
* * * * * * *
(3) Fund.--The term ``Fund'' means the Energy
Transformation Acceleration Fund established under
[subsection (m)(1)] subsection (n)(1).
* * * * * * *
(c) Goals.--
(1) In general.--The goals of ARPA-E shall be--
(A) to enhance the economic and energy
security of the United States through the
development of [energy technologies]
technologies that result in--
(i) reductions of imports of energy
from foreign sources;
(ii) reductions of energy-related
emissions[, including greenhouse gases]
and greenhouse gas emissions from all
sources; and
* * * * * * *
(e) Responsibilities.--The responsibilities of the Director
shall include--
(1) approving [all] the initiation of new programs
within ARPA-E;
(2) developing funding criteria and assessing the
success of programs through the establishment of
technical milestones;
(3) administering the Fund through awards 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 described in subsection
(c) through targeted acceleration of--
(A) novel early-stage energy research with
possible technology applications;
(B) development of techniques, processes, and
technologies, and related testing and
evaluation;
(C) research and development of manufacturing
processes for novel energy technologies; and
(D) coordination with nongovernmental
entities for demonstration of technologies and
research applications to facilitate technology
transfer; and
(4) terminating programs carried out under this
section that are not achieving the goals of the
programs.
(f) Administration.--In carrying out this section, ARPA-E
may initiate and execute grants, contracts, cooperative
agreements, and other transactions separate from the Department
of Energy.
[(f)] (g) Personnel.--
(1) Program managers.--
(A) In general.--The Director shall designate
employees to serve as program managers for each
programs established pursuant to the
responsibilities established for ARPA-E under
subsection (e).
(B) Responsibilities.--A program manager of a
program shall be responsible for--
(i) establishing research and
development goals for the program,
including through the convening of
workshops and conferring with outside
experts, and publicizing the goals of
the program to the public and private
sectors;
(ii) soliciting applications for
specific areas of particular promise,
especially areas that the private
sector or the Federal Government are
not likely to undertake alone;
(iii) building research
collaborations for carrying out the
program;
(iv) selecting on the basis of merit,
with advice under [subsection (j)]
subsection (k) as appropriate, each of
the projects to be supported under the
program after considering--
* * * * * * *
[(g)] (h) Reports and Roadmaps.--
(1) Annual report.--As part of the annual budget
request submitted for each fiscal year, the Director
shall provide to the relevant authorizing and
appropriations committees of Congress a report
describing projects supported by ARPA-E during the
previous fiscal year.
(2) Strategic vision roadmap.--Not later than October
1, [2008] 2009, and October 1, [2011] 2012, the
Director shall provide to the relevant authorizing and
appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-E will use to
guide the choices of ARPA-E for future technology
investments over the following 3 fiscal years.
[(h)] (i) Coordination and Nonduplication.--
(1) In general.--To the maximum extent practicable,
the Director shall ensure that the activities of ARPA-E
are coordinated with, and do not duplicate the efforts
of, programs and laboratories within the Department and
other relevant research agencies.
(2) Technology transfer coordinator.--To the extent
appropriate, the Director may coordinate technology
transfer efforts with the Technology Transfer
Coordinator appointed under section 1001 of the Energy
Policy Act of 2005 (42 U.S.C. 16391).
[(i)] (j) 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.
[(j)] (k) Advice.--
(1) Advisory committees.--The Director may seek
advice on any aspect of ARPA-E from--
(A) an existing Department of Energy advisory
committee; and
(B) a new advisory committee organized to
support the programs of ARPA-E and to provide
advice and assistance on--
(i) specific program tasks; or
(ii) overall direction of ARPA-E.
(2) Additional sources of advice.--In carrying out
this section, the Director may seek advice and review
from--
(A) the President's Committee of Advisors on
Science and Technology; and
(B) any professional or scientific
organization with expertise in specific
processes or technologies under development by
ARPA-E.
[(k)] (l) ARPA-E Evaluation.--
(1) In general.--After ARPA-E has been in operation
for [4 years] 7 years, the Secretary shall offer to
enter into a contract with the National Academy of
Sciences under which the National Academy shall conduct
an evaluation of how well ARPA-E is achieving the goals
and mission of ARPA-E.
(2) Inclusions.--The evaluation shall include--
(A) the recommendation of the National
Academy of Sciences on whether ARPA-E should be
continued or terminated; and
(B) a description of lessons learned from
operation of ARPA-E.
(3) Availability.--On completion of the evaluation,
the evaluation shall be made available to Congress and
the public.
[(l)] (m) Existing authorities.--The authorities granted by
this section are--
(1) in addition to existing authorities granted to
the Secretary; and
(2) are not intended to supersede or modify any
existing authorities.
[(m)] (n) Funding.--
(1) Fund.--There is established in the Treasury of
the United States a fund, to be known as the ``Energy
Transformation Acceleration Fund'', which shall be
administered by the Director for the purposes of
carrying out this section.
(2) Authorization of appropriations.--Subject to
paragraphs (4) and (5), there are authorized to be
appropriated to the Director for deposit in the Fund,
without fiscal year limitation--
(A) $300,000,000 for fiscal year 2008; and
(B) such sums as are necessary for each of
fiscal years 2009 [and 2010] through 2020.
(3) Separate budget and appropriation.--
(A) Budget request.--The budget request for
ARPAE shall be separate from the rest of the
budget of the Department.
(B) Appropriations.--Appropriations to the
Fund shall be separate and distinct from the
rest of the budget for the Department.
(4) Limitation.--No amounts may be appropriated for
ARPA-E for fiscal year 2008 unless the amount
appropriated for the activities of the Office of
Science of the Department for fiscal year 2008 exceeds
the amount appropriated for the Office for fiscal year
2007, as adjusted for inflation in accordance with the
Consumer Price Index published by the Bureau of Labor
Statistics of the Department of Labor.
(5) Allocation.--Of the amounts appropriated for a
fiscal year under paragraph (2)--
(A) not more than 50 percent of the amount
shall be used to carry out subsection
(e)(3)(D);
(B) at least 2.5 percent of the amount shall
be used for technology transfer and outreach
activities; and
(C) no funds may be used for construction of
new buildings or facilities during the 5-year
period beginning on the date of enactment of
this Act.
* * * * * * *
[SEC. 5012.] SEC. 5013. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
(a) Definitions.--In this section:
(1) ARPA-E.--The term ``ARPA-E'' means the Advanced
Research Projects Agency Energy established by
subsection (b).
(2) Director.--The term ``Director'' means the
Director of ARPA-E appointed under subsection (d).
(3) Fund.--The term ``Fund'' means the Energy
Transformation Acceleration Fund established under
subsection (m)(1).
* * * * * * *
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Public Law 110-140, Approved December 19, 2007
AN ACT To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to
protect consumers, to increase the efficiency of products, buildings,
and vehicles, to promote research on and deploy greenhouse gas capture
and storage options, and to improve the energy performance of the
Federal Government, and for other purposes
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 ``Energy
Independence and Security Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
* * * * * * *
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
* * * * * * *
Subtitle B--Improved Vehicle Technology
SEC. 131. TRANSPORTATION ELECTRIFICATION.
* * * * * * *
(d) Education Program.--
(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(e) Market Assessment and Recharging Infrastructure Study.
(1) Definitions.--In this subsection:
(A) Local government.
(i) In general.--The term ``local
government'' has the meaning given the
term in section 3371 of title 5, United
States Code.
(ii) Inclusions.--The term ``local
government'' includes entities
described in sections 7 and 8 of the
Alaska Native Claims Settlement Act (43
U.S.C. 1606, 1607).
(B) Range extension infrastructure.--The term
``range extension infrastructure'' includes
equipment, products, or services for recharging
plug-in electric vehicles that--
(i) are available to retail consumers
of electric drive vehicles on a
nonexclusive basis, including payment
interoperability with other systems;
and
(ii) provide for extending driving
range through battery exchange or rapid
recharging.
(C) State.--The term ``State'' has the
meaning given the term in section 3371 of title
5, United States Code.
(2) Study.--The Secretary, in consultation with the
Administrator, and the Secretary of Transportation,
shall carry out a program to analyze and assess--
(A) the number and distribution of recharging
facilities, including range extension
infrastructure, that will be required for
drivers of plug-in electric drive vehicles and
neighborhood electric vehicles to reliably
recharge those electric drive vehicles to meet
the average needs of the drivers;
(B) minimum technical standards for public
recharging facilities necessary for widespread
deployment;
(C) the technical and infrastructure
investments that electric utilities and
electricity providers will be required to make
to support widespread deployment of recharging
infrastructure, including an estimate of the
investments;
(D) existing electric drive transportation
technologies and the state of markets for the
purchase of those technologies;
(E) methods of removing market barriers for
existing and emerging applications of electric
drive transportation technologies;
(F) the potential value to the electric grid
of using the energy stored in on-board storage
systems to improve the efficiency and
reliability of the grid generation system; and
(G) the implications of the introduction of
plug-in electric drive vehicles and other types
of electric transportation on the production of
electricity from renewable resources.
(3) Components.--In conducting the study, the
Secretary shall analyze and make recommendations on--
(A) the variety and density of recharging
infrastructure options necessary to power plug-
in electric drive vehicles under diverse
scenarios, including--
(i) the ratio of residential,
commercial, and public recharging
infrastructure options necessary to
support 10 percent-, 20 percent-, and
50 percent-penetration of plug-in
electric vehicles on a city fleet
basis;
(ii) the ratio of residential,
commercial, and public recharging
infrastructure options necessary to
support 10 percent-, 20 percent-, and
50 percent-penetration of plug-in
electric vehicles on a regional fleet
basis;
(iii) the ratio of residential,
commercial, and public recharging
infrastructure options necessary to
support 10 percent-, 20 percent-, and
50 percent-penetration of plug-in
electric vehicles on a national fleet
basis; and
(iv) the potential impact of fast
charging on market penetration rates
for electric drive vehicles and the
effects on electric utilities;
(B) the effects on market penetration of
reserved parking spots with access to
recharging facilities;
(C) model codes (including building codes)
that need to be updated or otherwise modified
to enable widespread deployment of recharging
facilities; and
(D) such other issues as the Secretary
considers to be appropriate.
(4) Report.--Not later than 1 year after the date of
enactment of this subsection, 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 on the results
of the study conducted under this subsection, including
recommendations.
(f) Financial Support.--
(1) In general.--Not later than 18 months after the
date of enactment of this subsection, the Secretary
shall establish a program to support the deployment and
integration of plug-in electric drive vehicles in
multiple regions of the United States through the
provision of financial support to State and local
governments and other entities to assist in the
installation of recharging facilities for electric
drive vehicles.
(2) Financial assistance.--In carrying out the
program, the Secretary may provide financial assistance
described in paragraph (7) to promote the goals
described in paragraph (4).
(3) Regions.--The Secretary shall select regions for
financial assistance under this subsection based on
applications for the assistance received under
paragraph (7), taking into consideration the findings
of the study conducted under subsection (e).
(4) Goals.--The goals of the program established
under this subsection shall be--
(A) to demonstrate the viability of a
vehicle-based transportation system that
reduces--
(i) the use of petroleum as a fuel;
and
(ii) the emissions of greenhouse
gases and other pollutants compared to
a system based on conventional
transportation fuels;
(B) to facilitate the integration of advanced
vehicle technologies into electricity
distribution areas to improve system
performance and reliability;
(C) to demonstrate the potential benefits of
coordinated investments in vehicle
electrification on personal mobility and a
regional grid;
(D) to demonstrate protocols and standards
that facilitate vehicle integration into the
grid; and
(E) to investigate differences in each region
and regulatory environment regarding best
practices in implementing vehicle
electrification.
(5) Use of funds.--Subject to paragraph (6), the
Secretary may provide financial assistance to any
applicant that applies for, and receives the approval
of the Secretary, under paragraph (7)--
(A) to assist persons located in a region
(including fleet owners) in the purchase of new
plug-in electric drive vehicles by reducing the
incremental cost of the vehicles above the cost
of comparable conventionally fueled vehicles;
(B) to support the use of plug-in electric
drive vehicles by funding projects for the
deployment of--
(i) recharging infrastructure for
plug-in electric drive vehicles
(including range extension
infrastructure);
(ii) smart grid equipment and
infrastructure to facilitate the
charging and integration of plug-in
electric drive vehicles; or
(iii) the purchase of advanced
batteries for use in plug-in electric
drive vehicles; or
(C) to carry out such other projects as the
Secretary determines are appropriate to support
the large-scale deployment of plug-in electric
drive vehicles in regional deployment areas.
(6) Cost share.--The Secretary shall carry out the
programs established under this subsection in
accordance with section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352).
(7) Financial support.--
(A) In general. The Secretary may--
(i) provide grants to States and
local governments for demonstration and
commercial application of recharging
infrastructure in accordance with
paragraph (8) in accordance with
section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352); and
(ii) consult with the Administrator
of the Clean Energy Deployment
Administration to further the goals of
this section.
(B) Applications.--
(i) In general.--An applicant that
seeks to receive financial assistance
under this subsection shall submit to
the Secretary an application at such
time, in such manner, and containing
such information as the Secretary
determines are necessary through
rulemaking.
(ii) Joint sponsorship.--An
application may be jointly sponsored by
electric utilities, automobile
manufacturers, technology providers,
car-sharing companies or organizations,
or other persons or entities.
(C) Requirements.--The design elements and
requirements of the program established under
this subsection shall include--
(i) an evaluation of the financial
mechanisms that will most effectively
promote the purposes of this section;
(ii) criteria for evaluating
applications submitted under this
paragraph, taking into consideration
the findings of the study conducted
under subsection (e) (including the
anticipated ability to promote
deployment and market penetration of
plug-in electric drive vehicles that
are less dependent on petroleum as a
fuel source);
(iii) reporting requirements for
entities that receive financial
assistance under this subsection,
including a comprehensive set of
performance data that reflect the
results of the program; and
(iv) provisions that no proprietary
information, trade secret, or other
confidential information is required to
be disclosed.
(8) Grants to states and local governments for
recharging infrastructure.
(A) In general.--The Secretary shall
establish a program under which the Secretary
shall provide grants and other financial
support to States and local governments to
assist in the installation of recharging
infrastructure for plug-in electric drive
vehicles in areas under the jurisdiction of the
States or local governments.
(B) Eligibility.--To be eligible to obtain a
grant or other financial support under this
subsection, a State or local government shall--
(i) demonstrate to the Secretary that
the applicant has taken into
consideration the findings of the
report submitted under subsection (e),
unless the State or local government
demonstrates to the Secretary that an
alternative variety and density of
recharging infrastructure options would
better meet the purposes of this
section; and
(ii) agree not to charge a premium
for use of a parking space used to
recharge an electric drive vehicle
other than a charge for electric
energy.
(C) Guidelines.--The Secretary shall
establish guidelines for carrying out this
subsection that are consistent with the report
submitted under subsection (e).
(9) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as are necessary to carry out this subsection, to
remain available until expended.
(g) Information Clearinghouse.--As part of the program
established under this section, the Secretary shall collect and
make available to the public information regarding the cost,
performance, and other technical data regarding the deployment
and integration of plug-in hybrid electric drive vehicles.
(h) Pilot Program for Plug-in Electric Drive Vehicles.--
(1) In general.--The Secretary shall establish, as
part of the Federal Energy Management Program, a pilot
program under which the Secretary shall provide grants
for--
(A) the incremental cost of precommercial
plug-in electric drive vehicles for purchase or
lease in an amount not to exceed $10,000 per
vehicle purchased or $1,500 per year per
vehicle leased; and
(B) recharging infrastructure at Federal
facilities in conjunction with the vehicles.
(2) Guidelines.--Not later than 90 days after the
date of enactment of this subsection, the Secretary
shall issue guidelines for the pilot program
established under this subsection.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this subsection for the period
of fiscal years 2010 through 2015.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
subsections (e) and (g).
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
* * * * * * *
Subtitle D--Industrial Energy Efficiency
* * * * * * *
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.
* * * * * * *
(c) Partnerships.--
(1) In general.--As part of the program, the
Secretary shall establish energy efficiency
partnerships between the Secretary and eligible
entities to conduct research on, develop, and
demonstrate new processes, technologies, and operating
practices and techniques to significantly improve the
energy efficiency of equipment and processes used by
energy-intensive industries, including the conduct of
activities to--
(A) increase the energy efficiency of
industrial processes and facilities;
(B) research, develop, and demonstrate
advanced technologies capable of energy
intensity reductions and increased
environmental performance; and
(C) promote the use of the processes,
technologies, and techniques described in
subparagraphs (A) and (B).
[(2) Eligible activities.--Partnership activities
eligible for funding under this subsection include--]
(2) Future of industry program.--
* * * * * * *
(E) the incorporation of technologies and
innovations that would significantly improve
the energy efficiency and utilization of
energy-intensive commercial applications; [and]
(F) research to establish (through the
Industrial Technologies Program and in
collaboration with energy-intensive industries)
a road map process under which--
(i) industry-specific studies are
conducted to determine the intensity of
energy use, greenhouse gas emissions,
and waste and operating costs, by
process and subprocess;
(ii) near-, mid-, and long-term
targets of opportunity are established
for synergistic improvements in
efficiency, sustainability, and
resilience; and
(iii) public/private actionable plans
are created to achieve roadmap goals;
and
[(F)] (G) any other activities that the
Secretary determines to be appropriate.
* * * * * * *
(e) Institution of Higher Education-Based Industrial
Research and Assessment Centers.--
(1) In general.--The Secretary shall provide funding
to institution of higher education-based industrial
research and assessment centers, whose purpose shall
be--
(A) to identify opportunities for optimizing
energy efficiency and environmental
performance, including assessments of
sustainable manufacturing goals and the
implementation of information technology
advancements for supply chain analysis,
logistics, industrial and manufacturing
processes, and other purposes;
(B) to promote applications of emerging
concepts and technologies in small- and medium-
sized manufacturers;
(C) to promote research and development for
the use of alternative energy sources to supply
heat, power, and new feedstocks for energy-
intensive industries;
(D) to coordinate with appropriate Federal
and State research offices, and provide a
clearinghouse for industrial process and energy
efficiency technical assistance resources; and
(E) to coordinate with State-accredited
technical training centers and community
colleges, while ensuring appropriate services
to all regions of the United States.
(2) Centers of excellence.--
(A) In general.--The Secretary shall
establish a Center of Excellence at up to 10 of
the highest performing industrial research and
assessment centers, as determined by the
Secretary.
(B) Duties.--A Center of Excellence shall
coordinate with and advise the industrial
research and assessment centers located in the
region of the Center of Excellence.
(C) Funding.--Subject to the availability of
appropriations, of the funds made available
under subsection (f), the Secretary shall use
to support each Center of Excellence not less
than $500,000 for fiscal year 2010 and each
fiscal year thereafter, as determined by the
Secretary.
(3) Expansion of centers.--The Secretary shall
provide funding to establish additional industrial
research and assessment centers at institutions of
higher education that do not have industrial research
and assessment centers established under paragraph (1),
taking into account the size of, and potential energy
efficiency savings for, the manufacturing base within
the region of the proposed center.
(4) Coordination.--
(A) In general.--To increase the value and
capabilities of the industrial research and
assessment centers, the centers shall--
(i) coordinate with Manufacturing
Extension Partnership Centers of the
National Institute of Science and
Technology;
(ii) coordinate with the Building
Technologies Program of the Department
of Energy to provide building
assessment services to manufacturers;
(iii) increase partnerships with the
National Laboratories of the Department
of Energy to leverage the expertise and
technologies of the National
Laboratories for national industrial
and manufacturing needs;
(iv) identify opportunities for
reducing greenhouse gas emissions; and
(v) promote sustainable manufacturing
practices for small- and medium-sized
manufacturers.
(5) Outreach.--The Secretary shall provide funding
for--
(A) outreach activities by the industrial
research and assessment centers to inform
small- and medium-sized manufacturers of the
information, technologies, and services
available; and
(B) a full-time equivalent employee at each
center of excellence whose primary mission
shall be to coordinate and leverage the efforts
of the center with--
(i) Federal and State efforts;
(ii) the efforts of utilities; and
(iii) the efforts of other centers in
the region of the center of excellence.
(6) Workforce training.--
(A) In general.--The Secretary shall pay the
Federal share of associated internship programs
under which students work with industries and
manufacturers to implement the recommendations
of industrial research and assessment centers.
(B) Federal share.--The Federal share of the
cost of carrying out internship programs
described in subparagraph (A) shall be 50
percent.
(C) Funding.--Subject to the availability of
appropriations of appropriations, of the funds
made available under subsection (f), the
Secretary shall use to carry out this paragraph
not less than $5,000,000 for fiscal year 2010
and each fiscal year thereafter.
(7) Small business loans.--The Administrator of the
Small Business Administration shall, to the maximum
practicable, expedite consideration of applications
from eligible small business concerns for loans under
the Small Business Act (15 U.S.C. 6319 et seq.) to
implement recommendations of industrial research and
assessment centers established under paragraph (1).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the Secretary to carry out this
section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) [$196,000,000] $216,000,000 for fiscal
year 2010;
(D) [$202,000,000] $232,000,000 for fiscal
year 2011;
(E) [$208,000,000] $248,000,000 for fiscal
year 2012; and
(F) such sums as are necessary for fiscal
year 2013 and each fiscal year thereafter.
(2) Partnership activities.--Of the amounts made
available under paragraph (1), not less than 50 percent
shall be used to pay the Federal share of partnership
activities under subsection (c).
(3) Coordination and nonduplication.--The Secretary
shall coordinate efforts under this section with other
programs of the Department and other Federal agencies
to avoid duplication of effort.
(4) Industrial research and assessment centers.--Of
the amounts made available under paragraph (1), the
Secretary shall use to provide funding to industrial
research and assessment centers under subsection (e)
not less than--
(A) $20,000,000 for fiscal year 2010;
(B) $30,000,000 for fiscal year 2011; and
(C) $40,000,000 for fiscal year 2012 and each
fiscal year thereafter.
* * * * * * *
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
* * * * * * *
Subtitle C--Energy Efficiency in Federal Agencies
* * * * * * *
[SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
[No Federal agency shall enter into a contract for
procurement of an alternative or synthetic fuel, including a
fuel produced from nonconventional petroleum sources, for any
mobility-related use, other than for research or testing,
unless the contract specifies that the lifecycle greenhouse gas
emissions associated with the production and combustion of the
fuel supplied under the contract must, on an ongoing basis, be
less than or equal to such emissions from the equivalent
conventional fuel produced from conventional petroleum
sources.]
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
(a) In general.--Except as provided in subsection (b), no
Federal agency shall enter into a contract for procurement of
an alternative or synthetic fuel, including a fuel produced
from nonconventional petroleum sources, for any mobility-
related use other than for research or testing, unless the
contract specifies that the lifecycle greenhouse gas emissions
associated with the production and combustion of the fuel
supplied under the contract, on an ongoing basis, be less than
or equal to such emissions from the equivalent conventional
fuel produced from conventional petroleum sources.
(b) Exceptions.--Subsection (a) shall not prohibit a
Federal agency from entering into a contract to purchase a
generally available fuel that is produced, in whole or in part,
from a nonconventional petroleum source if--
(1) the contract does not specifically require the
contractor to provide a fuel from a nonconventional
petroleum source;
(2) the purpose of the contract is not to obtain a
fuel from a nonconventional petroleum source; and
(3) the contract does not provide incentives
(excluding compensation at market prices for the
purchase of fuel purchased) for a refinery upgrade or
expansion to allow a refinery to use or increase the
use by the refinery of fuel from a nonconventional
petroleum source.
* * * * * * *
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
* * * * * * *
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
* * * * * * *
SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior and the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere, shall establish a program of research, development,
demonstration, and commercial application to expand marine and
hydrokinetic renewable energy production, including programs
to--
* * * * * * *
(13) identifying opportunities for cross
fertilization and development of economies of scale
between other renewable sources and marine and
hydrokinetic renewable energy sources[; and]
(14) providing public information and opportunity for
public comment concerning all technologies[.]; and
(15)(A) apply advanced systems engineering and system
integration methods to identify critical interfaces and
develop open standards for marine and hydrokinetic
renewable energy;
(B) transfer the resulting intellectual
property to industry stakeholders as public
information through published interface
definition, standards, and demonstration
projects; and
(C) develop incentives for industry to comply
with the standards.
* * * * * * *
Subtitle D--Energy Storage for Transportation and Electric Power
SEC. 641. ENERGY STORAGE COMPETITIVENESS.
* * * * * * *
(l) Domestic Vehicle Battery Manufacturing Research.--
(1) In general.--The Secretary, acting through the
Assistant Secretary for Energy Efficiency and Renewable
Energy, shall conduct a research program on
manufacturing batteries and battery systems to support
electric drive vehicles.
(2) Purposes.--The purpose of the program shall be to
improve existing processes, or develop new
manufacturing processes, to enable higher quality and
less expensive energy batteries for electric drive
vehicles.
(3) Participants.--The program shall be conducted by
teams of researchers, which may include--
(A) energy storage systems manufacturers;
(B) material and equipment suppliers of
battery and battery system manufacturers;
(C) electric drive vehicle manufacturers;
(D) National Laboratories;
(E) other Federal agencies;
(F) State and local governments; and
(G) institutions of higher education.
[(l)] (m) Cost sharing.--The Secretary shall carry out the
programs established under this section in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
[(m)] (n) Merit Review of Proposals.--The Secretary shall
carry out the programs established under subsections (i), (j),
[and (k)] (k), and (l) in accordance with section 989 of the
Energy Policy Act of 2005 (42 U.S.C. 16353).
[(n)] (o) Coordination and Nonduplication.--To the maximum
extent practicable, the Secretary shall coordinate activities
under this section with other programs and laboratories of the
Department and other Federal research programs.
[(o)] (p) Review by National Academy of Sciences.--On the
business day that is 5 years after the date of enactment of
this Act, the Secretary shall offer to enter into an
arrangement with the National Academy of Sciences to assess the
performance of the Department in carrying out this section.
[(p)] (q) Authorization of Appropriations.--There are
authorized to be appropriated to carry out--
(1) the basic research program under subsection (f)
$50,000,000 for each of fiscal years 2009 through 2018;
(2) the applied research program under subsection (g)
$80,000,000 for each of fiscal years 2009 through 2018;
(3) the energy storage research center program under
subsection (h) $100,000,000 for each of fiscal years
2009 through 2018;
(4) the energy storage systems demonstration program
under subsection (i) $30,000,000 for each of fiscal
years 2009 through 2018;
(5) the vehicle energy storage demonstration program
under subsection (j) $30,000,000 for each of fiscal
years 2009 through 2018; [and]
(6) the secondary applications and disposal of
electric drive vehicle batteries program under
subsection (k) $5,000,000 for each of fiscal years 2009
through 2018[.]; and
(7) the domestic vehicle energy storage manufacturing
research program under subsection (l) such sums as are
necessary for each of fiscal years 2009 through 2018.
* * * * * * *
Subtitle E--Miscellaneous Provisions
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Energy shall establish
a program to determine ways in which the weight of motor
vehicles could be reduced to improve fuel efficiency without
compromising passenger safety by conducting research,
development, and demonstration relating to--
(1) the development of new materials (including cast
metal composite materials formed by autocombustion
synthesis) and material processes that yield a higher
strength-to-weight ratio or other properties that
reduce vehicle weight; and
(2) reducing the cost of
(A) lightweight materials (including high-
strength steel alloys, aluminum, magnesium,
metal composites, and carbon fiber reinforced
polymer composites) with the properties
required for construction of lighter-weight
vehicles; and
(B) materials processing, automated
manufacturing, joining, and recycling
lightweight materials for high-volume
applications.
[(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $80,000,000 for
the period of fiscal years 2008 through 2012.]
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $100,000,000 for
the period of fiscal years 2010 through 2013.
* * * * * * *
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
* * * * * * *
SEC. 703. CARBON CAPTURE.
(a) Program Establishment.--
* * * * * * *
(3) Preferences for award.--To ensure reduced carbon
dioxide emissions, the Secretary shall take necessary
actions to provide for the integration of the program
under this paragraph with the large-scale carbon
dioxide sequestration tests described in [section
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16293(c)(3))] section 963(d)(3) of the Energy Policy
Act of 2005 (42 U.S.C. 16293(d)(3), as added by section
702 of this subtitle. These actions should not delay
implementation of these tests. The Secretary shall give
priority consideration to projects with the following
characteristics:
* * * * * * *
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary shall enter into an arrangement with the
National Academy of Sciences for an independent review and
oversight, beginning in 2011, of the programs under [section
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16293(c)(3))] section 963(d)(3) of the Energy Policy Act of
2005 (42 U.S.C. 16293(d)(3), as added by section 702 of this
subtitle, and under section 703 of this subtitle, to ensure
that the benefits of such programs are maximized. Not later
than January 1, 2012, the Secretary shall transmit to the
Congress a report on the results of such review and oversight.
* * * * * * *