[Senate Report 110-65]
[From the U.S. Government Publishing Office]
Calendar No. 140
110th Congress Report
SENATE
1st Session 110-65
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ENERGY SAVINGS ACT OF 2007
_______
May 7, 2007.--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. 1321]
The Committee on Energy and Natural Resources, having
considered the same, reports favorably thereon, an original
bill (S. 1321) to enhance the energy security of the United
States by promoting biofuels, energy efficiency, and carbon
capture and storage, and for other purposes, and recommends
that the bill do pass.
Purpose of the Measure
The purpose of the measure is to enhance the energy
security of the United States by promoting biofuels, energy
efficiency, and carbon capture and storage.
Background and Need
Events unfolding on the world stage, continuing pressure on
the price of vital energy commodities and the recognition that
opportunity exists for the United States to become a global
leader in the development of innovative energy technologies
have combined to fashion an emerging consensus among American
citizens and the Congress alike: the nation must move forward
aggressively to enhance its energy security.
In 2005, the United States imported roughly 60 percent of
the petroleum it consumed, a figure that is projected to
approach 70 percent over the next two decades. More than 35
percent of the estimated increase in imports is expected to
come from member-nations of the Organization of Petroleum
Exporting Countries (OPEC). Meanwhile, petroleum prices have
increased substantially in recent years--putting strain on the
budgets of families, farmers and businesses across the nation,
but also imposing costs on the American economy as a whole,
adding an estimated $120 billion to the nation's trade deficit
in 2005 and 2006.
As the nation's reliance on foreign supplies of petroleum
has grown, so too has the need for federal policies that
promote new technologies and more efficient use of energy, tap
the potential of home-grown biofuels, and nurture America's
talent for innovation. Such policies reinforce the security
objectives of the United States, are consistent with principles
of environmental stewardship, and hold the promise of new job-
creation and enhanced competitiveness in an increasingly global
economy. This legislation addresses three key areas in which
the United States can make substantial strides toward improving
its energy security: increased domestic production of renewable
fuels; strengthened energy efficiency requirements; and
critical research on technologies to reduce carbon emissions.
Biofuels for energy security and transportation
In recent years, a number of factors have sharpened public
focus on the search for viable alternatives to conventional
petroleum-based fuels. These factors include increased world
oil prices, concerns regarding import dependence, and the
environmental effects of vehicle emissions. Biofuels--a term
which includes ethanol and biodiesel--can be derived from an
array of crops and other biological materials available
throughout the nation. Since the 1970s, all cars and light-
trucks with gasoline engines built for the U.S. market have
been able to run on ethanol blends of up to 10 percent (E10). A
smaller yet increasing number of vehicles--estimated at about 6
million on American roads today--can run on fuel comprised of
85 percent ethanol, or E85. Meanwhile, existing diesel engines
can run on biodiesel in any concentration. Due to concerns
about quality standards, however, manufacturers may not honor
warranties for engines running on biodiesel blends in excess of
5 percent (B5) or 20 percent (B20).
The passage of the Energy Policy Act of 2005 (Public Law
Number 109-58) was a watershed event for the nation's biofuels
industry, establishing the first federal Renewable Fuels
Standard (RFS). The RFS created an escalating requirement for
the amount of biofuels blended in U.S. gasoline, starting with
4 billion gallons in 2006, and accelerating to 7.5 billion
gallons in 2012. However, increased use of biofuels is already
surpassing the original RFS targets, with 5 billion gallons
added to U.S. gasoline in 2006. Another 6 billion gallons of
production capacity is expected to go into operation by 2009,
bringing total domestic production capacity to approximately
11.7 billion gallons. According to the Energy Information
Administration's 2007 Annual Energy Outlook, ``the market
potential for biofuel blends (E10, B5, and B20) remains
significantly larger than current production levels and will
continue to absorb the biofuel supply for the foreseeable
future.''
Yet, challenges remain if biofuels are to become a
cornerstone of U.S. efforts to improve national energy
security. Today, approximately 98 percent of domestic ethanol
production is derived from cornstarch--creating upward pressure
on commodity prices, restricting production to regions of the
country where corn is grown, and posing challenges to efficient
distribution of the fuel. Diversifying feedstocks to include a
broader array of renewable biomass can promote regional
diversity in biofuels production and distribution, spreading
economic benefits to rural communities across the country and
relieving pressure on corn commodity prices. In addition, it
can lead to greater efficiency in the fuel-production process
and help save on fossil fuel emissions.
Another issue key to making biofuels a significant factor
in displacing domestic petroleum use relates to existing
infrastructure challenges. Of the nearly 170,000 vehicle
fueling stations in the U.S., just one percent--about 1,767--
carried E85 or biodiesel in 2006. Consumers must have access to
these fuels, if they are to become a viable alternative.
The Committee believes that increasing and extending the
existing RFS--with specific incentives for the production of
biofuels from new sources of renewable biomass--is required, to
provide market certainty to both the existing ethanol industry
and the next generation of advanced biofuels producers. In
addition, federal resources are needed to help break down
infrastructure barriers to renewable fuel distribution, and
address basic scientific challenges associated with the use of
promising new feedstocks.
Energy efficiency
In addition to producing more domestic renewable energy,
using existing resources more efficiently promises further to
enhance U.S. energy security, provide environmental benefits,
and save consumers money.
Improving efficiency in transportation remains one of the
most important--and vexing--energy challenges facing the
nation. Consumption of liquid fuels is currently projected to
grow by more than 6 million barrels per day, from 2005 to
2030--5.8 million barrels per day attributable to
transportation. As fuel consumption increases, so too do U.S.
imports--a key concern for both economic and national security
reasons.
A concerted federal effort is needed to reduce the
transportation sector's consumption of liquid fuels in general,
and gasoline in particular. This initiative will necessitate a
serious plan and the concerted leadership of present and future
Administrations. In addition, investments in advanced vehicle
technology development, basic science related to energy
storage, and public education are required.
The federal government itself represents the nation's
largest energy consumer and, as such, can play a key role in
bringing new renewable energy and efficiency technologies to
market. In addition, improved federal efficiency can save
taxpayers money. Even as the government has reduced its energy
consumption--savings of 2.5 percent from Fiscal Year 2004 to
Fiscal Year 2005--federal energy costs nevertheless increased
24.1 percent, to $14.5 billion. Rising energy prices have an
impact on the federal budget, as on every consumer and business
in America. To capture additional savings, federal efficiency
requirements--from lighting procurement, to petroleum
displacement, to energy management strategies across federal
buildings--should be strengthened.
Individual consumers also realize the benefits of improved
energy efficiency. That is particularly true when it comes to
improving the performance of lighting technologies and
appliances, which together can contribute as much as two-thirds
of an average American household's electricity costs. Lighting
alone is estimated to consume about 22 percent of all U.S.
electricity generation. Refrigerators account for an estimated
additional 12 percent of U.S. residential energy use. To
maximize consumer benefits, the Department of Energy's
standards-setting process should be streamlined and
strengthened, and new federal requirements must be established
for a number of different kinds of household appliances.
Carbon capture and storage research, development, and demonstration
Carbon capture and storage (CCS), often called carbon
sequestration, has attracted interest as a measure for
mitigating global climate change. While scientific and
technological challenges remain, carbon sequestration holds
particular promise related to the potentially large amounts of
carbon dioxide emitted from the use of fossil fuels. Electric
generating plants may be the most likely initial candidates for
implementing carbon sequestration, given that they are
predominantly large, single-point sources, and contribute an
estimated one-third of U.S. carbon dioxide emissions from
fossil fuels.
A viable, integrated CCS system would include three main
components: (1) Capture and separation of carbon dioxide at the
source of generation; (2) the transportation of captured carbon
dioxide to a storage site; and (3) storage in a geological
reservoir. There are many ways that carbon storage can occur,
such as through direct geologic injection, forest and plant
uptake (indirect), soil biomass accumulation (indirect), direct
ocean injection, and many others.
The Energy Policy Act of 2005 directed the Secretary of
Energy to carry out research and development on technologies
designed to capture carbon dioxide, specifically with respect
to combustion-based energy systems. However, given the critical
nature of these efforts, the need to demonstrate emerging
methodologies, and the potential to apply them to a wider
variety of energy technologies, the existing program should be
strengthened and further expanded. In addition, more research
is needed to assess the characteristics of various geological
formations, and their suitability as sites for carbon storage.
Existing surveys do not provide a comprehensive account of
potential geologic storage sites across the United States, and
methodologies should be standardized.
In sum, the Committee supports moving forward expeditiously
with groundbreaking research on carbon sequestration, spurring
diverse, domestic renewable fuels production, and promoting
energy efficiency throughout the economy. The Committee
believes this legislation is needed to make substantial
progress on all of these key initiatives, thereby improving the
energy security of the United States and reducing the nation's
dependence on imported oil.
Legislative History
The Committee on Energy and Natural Resources held five
oversight hearings on the subjects of biofuels, energy
efficiency, and carbon capture and sequestration in the first
three months of the 110th Congress. The five hearings were on
fuel efficiency in the transportation sector (Full Committee
hearing, January 30, 2007), biofuels (Full Committee
conference, February 1, 2007), energy efficiency programs
(Subcommittee on Energy hearing, February 12, 2007), advanced
energy technologies (Full Committee hearing, March 7, 2007),
and coal (Full Committee hearing, March 22, 2007).
Subsequently, the Chairman and Ranking Member of the
Committee introduced three bipartisan bills on the three
subjects: S. 962, the Department of Energy Carbon Capture and
Storage Research, Development, and Demonstration Act of 2007,
on March 22, 2007; S. 987, the Biofuels for Energy Security and
Transportation Act of 2007, on March 26, 2007; and S. 1115, the
Energy Efficiency Promotion Act of 2007, on April 16, 2007. In
addition, Senator Salazar introduced S. 731, the National
Carbon Dioxide Storage Capacity Assessment Act of 2007, on
March 1, 2007.
The Full Committee held legislative hearings on S. 987, the
Biofuels for Energy Security and Transportation Act, on April
12, 2007; on S. 731, the National Carbon Dioxide Storage
Capacity Assessment Act of 2007, and S. 962, the Department of
Energy Carbon Capture and Storage Research, Development, and
Demonstration Act of 2007, on April 16, 2007; and on S. 1115,
the Energy Efficiency Promotion Act of 2007, on April 23, 2007.
On April 27, 2007, the Chairman and Ranking Member
circulated to Members of the Committee a draft of an original
bill drawn from the text of S. 987, S. 1115, and a combination
of S. 731 and S. 962.
The Committee on Energy and Natural Resources met in open
business session on May 2, 2007 to consider the draft, and
ordered an original bill favorably reported.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on May 2, 2007, 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 20 yeas, 3
nays, as follows:
YEAS NAYS
Mr. Bingaman Mr. Thomas
Mr. Akaka Mr. Burr
Mr. Dorgan Mr. DeMint
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu
Ms. Cantwell
Mr. Salazar
Mr. Menendez*
Mrs. Lincoln
Mr. Sanders
Mr. Tester
Mr. Domenici
Mr. Craig
Ms. Murkowski
Mr. Corker
Mr. Sessions*
Mr. Smith*
Mr. Bunning*
Mr. Martinez*
*Indicates vote 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'' for purposes of this Act as
the Secretary of Energy.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Section 101. Short title
Section 101 names title I the ``Biofuels for Energy
Security and Transportation Act of 2007''.
Section 102. Definitions
Section 102 defines the terms used in this title. These
terms include ``advanced biofuel,'' which means any fuel
derived from a source of renewable biomass other than corn
starch. The definition of ``renewable biomass'' included in
this section clarifies that it does not include biomass
harvested from Federal lands that is derived from the main stem
of old-growth trees. The definition of ``renewable biomass''
further clarifies that certain Indian lands are to be
considered ``non-Federal lands'' for purposes of the definition
even though held or administered by the United States.
SUBTITLE A--RENEWABLE FUELS STANDARD
Section 111. Renewable fuels standard
Section 111 requires the President to promulgate
regulations to ensure that renewable fuels are consumed for
motor vehicles, home heating oil, and boiler fuels in amounts
escalating from 8.5 billion gallons in 2008, to 36 billion
gallons in 2022. It also requires that, of those amounts,
advanced biofuels not derived from corn starch comprise volumes
rising from 3 billion gallons in 2016, to 21 billion gallons in
2022. This section further stipulates that the regulations
issued under this section must ensure that biofuels facilities
built after the date of enactment achieve at least a 20 percent
reduction in life cycle greenhouse gas emissions, compared to
gasoline. It also contains provisions related to participation
by small refiners, opportunities for the President to waive the
program requirements, and provisions for a fuel producer credit
trading program.
Section 112. Production of renewable fuel using renewable energy
Section 112 provides for the creation of a credit not to
exceed the equivalent of 1.5 gallons, awarded under the trading
program established pursuant to section 111, for facilities
that use renewable energy to displace more than 90 percent of
fossil fuel typically used in the production of renewable fuel.
SUBTITLE B--RENEWABLE FUELS INFRASTRUCTURE
Section 121. Infrastructure pilot program for renewable fuels
Section 121 directs the Secretary to establish up to 10
geographically-dispersed renewable fuels corridors through
competitive grants to state, local, tribal governments,
metropolitan transportation authorities or partnerships,
through the Department of Energy's Vehicle Technology
Deployment Program.
Section 122. Bioenergy research and development
Section 122 amends the Energy Policy Act of 2005 to
increase funding authorizations for bioenergy research and
development by 50 percent for fiscal years 2008 and 2009.
Section 123. Bioresearch centers for systems biology program
Section 123 increases the number of bioresearch centers
focused on biofuels to 11, to cover the range of climates,
regions, and feedstocks in the United States.
Section 124. Loan guarantees for renewable fuel facilities
Section 124 stipulates that the first six loan guarantees
for advanced biofuels facilities can be made in advance of
DOE's rulemaking to implement Title 17 of the Energy Policy Act
of 2005. It requires the Secretary to approve or disapprove
applications for these six applications in 90 days, and to
provide written explanations of those decisions to Congress.
This section also clarifies underlying provisions of the Energy
Policy Act of 2005, with respect to loan guarantee
implementation.
Section 125. Grants for renewable fuel production research and
development in certain States
Section 125 directs the Secretary to provide grants for
research in renewable fuels technologies to certain
institutions of higher education, tribal or local government
agencies, or consortiums of such organizations, in states with
low rates of ethanol production. It authorizes $25 million for
this purpose in each of fiscal years 2008 through 2010.
Section 126. Grants for infrastructure for transportation of biomass to
local biorefineries
Section 126 directs the Secretary to provide grants to
local governments, tribes and other entities to promote the
development of infrastructure to support the transportation of
biomass to local biorefineries.
Section 127. Biorefinery information center
Section 127 directs the Secretary to cooperate with the
Secretary of Agriculture to establish a biorefinery information
center. The center must make available information on renewable
fuel resources, producers, and users, programs and incentives
related to biorefineries, through a website and call center.
Section 128. Alternative fuel database and materials
Section 128 directs the Secretary and Director of the
National Institute of Standards and Technology (NIST) to
establish a public database and standard reference materials
for physical properties of renewable fuels.
Section 129. Fuel tank cap labeling requirement
Starting in model year 2010, section 129 requires labeling
of fuel tank caps for alternative fuel vehicles to inform
consumers the vehicles can operate on alternative fuels.
Section 130. Biodiesel
Section 130 requires the Secretary to submit to Congress
within 180 days a study identifying any research and
development challenges associated with increasing to 5 percent
the amount of biodiesel contained in diesel fuel sold in the
U.S. It further requires the President to promulgate
regulations establishing uniform labeling of biodiesel blends,
consistent with published standards of the American Society for
Testing and Materials (ASTM). This section also requires the
President to issue regulations within 180 days of enactment, to
ensure that only biodiesel certified in compliance with the
ASTM 6751 standard is introduced into interstate commerce, and
authorizes $3 million in each of fiscal years 2008 through 2010
for these purposes.
SUBTITLE C--STUDIES
Section 141. Study of advanced biofuels technologies
Section 141 directs the Secretary to contract with the
National Academy of Sciences, to study the state of
technologies related to the production, transportation and
distribution of advanced biofuels; assess whether technological
development will be sufficient to meet requirements of the
renewable fuels standard established under section 111, and
make policy recommendations appropriate to further accelerate
the development and commercialization of those technologies.
Section. 142. Study of increased consumption of ethanol-blended
gasoline with higher levels of ethanol
Section 142 directs the Secretary, in coordination with the
Secretary of Agriculture, Administrator of the Environmental
Protection Agency, and the Secretary of Transportation, to
study the feasibility of nationwide consumption of ethanol at
levels between E10 and E40.
Section 143. Pipeline feasibility study
Section 143 directs the Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Transportation,
to study the feasibility of dedicated ethanol pipelines.
Section 144. Study of optimization of alternative fueled vehicles to
use E-85 fuel
Section 144 directs the Secretary to study optimization of
alternative fueled vehicles, to reduce the efficiency loss
those vehicles experience when fueled by E85.
Section 145. Study of credits for use of renewable electricity in
electric vehicles
Section 145 directs the Secretary to study the feasibility
of issuing credits under the program established in section 111
to electric vehicles powered by renewable electricity sources.
Section 146. Study of engine durability associated with the use of
biodiesel
Section 146 directs the Secretary to study the effects of
varying concentrations of biodiesel blends on engine
durability.
Section 147. Study of incentives for renewable fuels
Section 147 directs the President to submit to Congress
within one year a study of the renewable fuels industry and
markets in the U.S., including costs for producing conventional
and advanced biofuels; factors affecting market prices for
biofuels; and financial incentives necessary to enhance the
domestic biofuels industry and reduce dependence on foreign oil
from 2011 through 2030.
Section 148. Study of streamlined lifecycle analysis tools for the
evaluation of renewable carbon content of biofuels
Section 148 directs the Secretary to study published
methods for evaluating lifecycle fossil and renewable carbon
content of fuels, including conventional and advanced biofuels;
and methods for performing simplified, streamlined lifecycle
analyses of these factors.
Section 149. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel
Section 149 requires the Secretary, in consultation with
the Secretary of Transportation, to conduct a study of the
adequacy of railroad transportation for domestically-produced
renewable fuels, including track locations, supply of tank
cars, projected costs, impacts on marketability, competition,
and related matters.
Section 150. Study on effects of ethanol-blended gasoline on off road
vehicles
Section 150 requires the Secretary, in consultation with
the Secretary of Transportation and Administrator of the
Environmental Protection Agency, to study the effects of
ethanol-blended gasoline on off-road vehicles and recreational
boats.
TITLE II--ENERGY EFFICIENCY PROMOTION
Section 201. Short title
Section 201 names title II the ``Energy Efficiency
Promotion Act of 2007.''
SUBTITLE A--PROMOTING ADVANCED LIGHTING TECHNOLOGIES
Section 211. Accelerated procurement of energy efficient lighting
Section 211 requires all general purpose lighting in
Federal buildings to be Energy Star-rated or designated as
efficient by the Federal Energy Management Program by October
1, 2013, pursuant to guidelines issued by the Secretary.
Section 212. Incandescent reflector lamp efficiency standards
Section 212 expands the types of incandescent reflector
lamps covered by efficiency standards that will be effective
January 1, 2008.
Section 213. Bright Tomorrow Lighting Prizes
Section 213 awards three prizes based on LED technology for
(1) replacing the 60-watt incandescent ($10M), (2) the Type 38
Halogen Parabolic Reflector ($5M) and (3) a ``twenty first
century lamp,'' the performance and efficiency characteristics
of which exceed any light source in current use ($5M). Upon
achieving the prize metrics for replacing the 60-watt
incandescent and the Type 38 Halogen Parabolic Reflector, the
Secretary of Energy and the Administrator of the General
Services Administration are directed to develop Federal
purchase guidelines for government-wide purchase so that the
U.S. Government becomes the first user of the technology.
Section 214. Sense of the Senate concerning efficient lighting
standards
Section 214 expresses the Sense of the Senate that Federal
policies to transform the U.S. market to more efficient
lighting should be adopted.
Section 215. Renewable energy construction grants
Section 215 authorizes grants for construction of certain
renewable energy projects, requiring eligible applicants to
contribute not less than 50 percent of total project costs.
SUBTITLE B--EXPEDITING NEW ENERGY EFFICIENCY STANDARDS
Section 221. Definition of energy conservation standard
Section 221 expands the definition of ``energy conservation
standard'' to include one or more design requirements as part
of a consensus agreement reached under section 224, and to
include performance standards for water use for residential
clothes washers and residential dishwashers.
Section 222. Regional efficiency standards for heating and cooling
products
Section 222 authorizes a process by which the Secretary may
make a determination that more stringent Federal efficiency
standards for heating and cooling products are appropriate for
up to two additional regions. If such a determination is made,
a State within the region may petition to have the more-
stringent standard apply. This section requires the Secretary
to make a decision within 180 days of a State petition. The
petition may not be granted if the Secretary finds, after a
comment process and consideration of factors, that the state
regulation would significantly burden manufacturing, marketing,
distribution, sale or servicing of a covered product on a
national basis.
Section 223. Furnace fan rulemaking
Section 223 requires the Secretary to publish a final
furnace fan efficiency rule by December 31, 2014.
Section 224. Expedited rulemakings
Section 224 allows the Secretary to conduct expedited
energy conservation standard rulemakings if certain conditions
are met--specifically, the filing of a joint comment or
petition demonstrating broad support for a consensus standard,
and Secretarial determination that the legal criteria for the
standard have been met.
Section 225. Periodic reviews
Section 225 establishes a schedule for Department of Energy
review of energy conservation standards, to determine if the
standards should be updated.
Section 226. Energy efficiency labeling for consumer products
Section 226 directs the Federal Trade Commission, in
consultation with the Secretary and Administrator of the
Environmental Protection Agency, to promulgate regulations to
add personal computers, computer monitors, televisions, set-top
boxes and digital video recorder devices to the Energy Guide
labeling program.
Section 227. Energy conservation standards for residential boilers
Section 227 adopts a consensus agreement on minimum
efficiency standards for residential gas, oil and electric
boilers, effective September 1, 2012.
Section 228. Technical corrections
Section 228 makes technical corrections to a number of
definitions and effective dates.
Section 229. Electric motor efficiency standards
Section 229 adopts a consensus agreement on new efficiency
standards for three broad categories of electric motors,
effective 36 months after enactment.
Section 230. Energy standards for home appliances
Section 230 adopts a consensus agreement on new efficiency
standards and water conservation standards for residential
clothes washers and dishwashers; adopts a new standard for
residential dehumidifiers; and mandates a final rule on
efficiency standards for residential refrigerators and freezers
by 2011.
Section 231. Improved energy efficiency for appliances and buildings in
cold climates
Section 231 authorizes research on technologies to improve
the energy efficiency of buildings and appliances in extremely
cold climates and includes relevant energy efficient products
in the rebates program created in section 124 of the Energy
Policy Act of 2005.
Section 232. Deployment of new technologies for high-efficiency
consumer products
Section 232 directs the Secretary to competitively award
financial incentives for the manufacture of high-efficiency
consumer products, based on bids for dollar/megawatt-hour or
million Btus saved.
Section 233. Industrial efficiency program
Section 233 directs the Secretary, in cooperation with
materials manufacturers and energy-intensive industries, to
establish a program that supports, develops and promotes the
use of new materials manufacturing, industrial and commercial
processes, technologies and techniques to optimize energy
efficiency. It directs the Secretary to establish partnerships
with eligible entities, to increase energy efficiency of
industrial and commercial processes and facilities, research,
develop and demonstrate advanced technologies to achieve these
goals, and promote deployment of these technologies. It
establishes requirements for entities submitting proposals to
the Secretary under the program, and establishes cost-sharing
requirements in accordance with section 988 of the Energy
Policy Act of 2005. Funds are authorized for carrying out these
purposes, in amounts beginning at $184 million in fiscal year
2008, escalating to $208 million in fiscal year 2012 and
including such sums as necessary in subsequent years.
SUBTITLE C--PROMOTING HIGH EFFICIENCY VEHICLES, ADVANCED BATTERIES AND
ENERGY STORAGE
Section 241. Lightweight materials research
Section 241 directs the Secretary to establish a research
and development program on the use of lightweight materials
such as advanced carbon composites and light-weight steel
alloys, for use in the construction of vehicles. It authorizes
$60 million for these purposes in each of fiscal years 2007
through 2012.
Section 242. Loan guarantees for fuel-efficient automobile
manufacturers and suppliers
Section 242 authorizes the Secretary to issue loan
guarantees for facilities that manufacture parts for fuel-
efficient vehicles, including hybrid and advanced diesel
vehicles, by amending sections 712 and 1703 of the Energy
Policy Act of 2005.
Section 243. Advanced technology vehicles manufacturing incentive
program
Section 243 authorizes awards for 30 percent of qualified
investments for incremental costs incurred to re-equip, expand
or establish a manufacturing facility to produce advanced
technology vehicles (such as advanced diesels or electric drive
vehicles), eligible components or any associated engineering
costs. Advanced technology vehicles are defined as those that
meet current and future emission standards established by the
Administrator of the Environmental Protection Agency and
achieve at least 125 percent of combined fuel economy for
vehicles of a substantial similar footprint. Combined fuel
economy is defined as the adjusted dynamometer values that must
be displayed on window stickers, per 49 U.S.C. 32908, for
standard vehicles; for electric drive vehicles that recharge
from off-board supplied electricity, the mileage is adjusted to
account for the reduced gasoline use, per 10 C.F.R. 474.
Qualified facilities placed in service before December 30,
2017, are eligible for awards under this section.
Section 244. Energy storage competitiveness
Section 244 is titled the ``United States Energy Storage
Competitiveness Act of 2007''. This section directs the
Secretary to initiate a 10-year research, development and
demonstration program to ensure U.S. competitiveness in global
energy storage markets. An advisory panel of energy storage
industry experts is to make recommendations on 5-year roadmaps
for energy storage technologies applicable to the
transportation and electric distribution sectors. Four
competitively selected centers of excellence for energy storage
are authorized. The Department of Energy's nanoscience centers
are directed to have as part of their mission overcoming grand
challenges associated with energy storage. For each of fiscal
years 2008 through 2017, it authorizes $50 million in funding
for basic research in these areas; $80 million for applied
research and $100 million for the energy storage research
center program initiated under this section.
Section 245. Advanced transportation technology program
Section 245 directs the Secretary to establish a
competitive program to provide grants for demonstrations of
electric drive vehicles, placing priority on proposals that are
most likely to lead to commercialization and production of
electric drive vehicles and reduce petroleum usage. Electric
drive vehicles are defined as light-, medium- or heavy-duty
vehicles that draw power from batteries of at least 4 kilowatt-
hours and can be recharged from an external electricity source.
States, local governments, metropolitan transportation
authorities, air pollution control districts, private and non-
profit entities are eligible to submit proposals under this
section. Grant recipients must comply with cost-sharing
requirements of section 988 of the Energy Policy Act of 2005,
and report to the Secretary on an annual basis data related to
vehicle performance, lifecycle costs and emissions, including
greenhouse gases. This section authorizes for these purposes
$60 million for each of fiscal years 2008 through 2012, and
establishes that not less than $20 million of annual funds
should comprise grants to local and municipal government
entities.
This section also directs the Secretary to establish a
near-term oil saving transportation deployment program.
Competitive grants are authorized for: (1) any project that
simultaneously reduces emissions of pollutants and greenhouse
gas emissions, and reduces petroleum usage at least 40 percent
compared to commercially available petroleum-based technologies
used in non-road vehicles; and (2) oil-saving electrification
projects involving on-road commercial trucks, rail
transportation, ships, or any associated infrastructure. The
cost-sharing requirements established under section 988 of the
Energy Policy Act of 2005 are applied to grants made pursuant
to this section, and $90 million is authorized to carry out its
purposes for each of fiscal years 2008 through 2013.
SUBTITLE D--SETTING ENERGY EFFICIENCY GOALS
Section 251. National goals for energy savings in transportation
Section 251 establishes that it is the goal of the United
States to reduce national gasoline usage 20 percent by 2017; 35
percent by 2025; and 45 percent by 2030, relative to
projections for usage in these years contained in the Energy
Information Administration's Annual Energy Outlook 2007. It
requires the Secretary, in cooperation with the Administrator
of the Environmental Protection Agency and other relevant
Federal agency heads to submit to Congress a strategic plan
that establishes regulatory, funding and policy priorities to
ensure compliance with the national goals within one year of
enactment. The plan must be updated biennially.
Section 252. National energy efficiency improvement goals
Section 252 establishes that it is the goal of the United
States to achieve an improvement of the nation's overall energy
productivity (measured as Gross Domestic Product per unit of
energy input) of at least 2.5 percent by 2012, and each year
thereafter through 2030. The Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and other
relevant Federal agency heads, is required to submit to
Congress a strategic plan that establishes regulatory, funding
and policy priorities to ensure compliance with the national
goals within one year of enactment. The plan must be updated
biennially.
Section 253. National media campaign
Section 253 directs the Secretary, acting through the
Assistant Secretary for Energy Efficiency and Renewable Energy,
to develop and conduct a four-year national media campaign to
educate consumers about means to achieve energy savings and
decrease oil consumption in the United States. This section
authorizes $5 million to be appropriated for these purposes, in
each of fiscal years 2008 through 2012, with no less than 50
percent of these funds expended on efforts to educate the
public about means to reduce oil consumption. It further
requires that no less than 85 percent of annual funds be spent
on advertising, rather than administrative functions, and
mandates an annual report to Congress on the campaign's
strategy, objectives and accomplishments.
Section 254. Modernization of Electricity Grid Systems
Section 254 declares that it is the policy of the United
States that developing and deploying advanced technology to
modernize and improve the efficiency of the domestic
electricity grid is essential to maintaining reliable and
secure supply that can meet future demand growth. In addition,
this section authorizes the Secretary, the Federal Energy
Regulatory Commission and other Federal agencies as appropriate
to carry out programs in support of the use, development, and
demonstration of advanced transmission and distribution
technologies, including real-time monitoring and analytical
software, in order to achieve a number of purposes related to
efficiency and the promotion of distributed generation and
demand-side management technologies.
SUBTITLE E--PROMOTING FEDERAL LEADERSHIP IN ENERGY EFFICIENCY AND
RENEWABLE ENERGY
Section 261. Federal fleet conservation requirements
Section 261 requires the Secretary to issue regulations for
Federal covered by the Energy Policy Act of 1992, to reduce
petroleum consumption 20 percent by October 1, 2015 and
increase by 10 percent annually the consumption of alternative
fuels. The regulations must measure each requirement against a
fiscal year 2005 baseline, and mandate the purchase of energy-
efficient replacement tires for agency fleets to the maximum
extent practicable, with exceptions provided for law
enforcement, emergency vehicles, and vehicles that the
Secretary of Defense certifies as exempt for national security
reasons. The regulations mandated under this section must also
direct each Federal agency to develop an implementation plan to
achieve these requirements.
This section further directs each Federal agency to
actively promote incentive programs to reduce petroleum
consumption through practices including the use of public
transit, telecommuting, carpooling and bicycling, with
monitoring and support by the Administrator of the General
Services Administration, Director of the Office of Personnel
Management and the Secretary. It also authorizes the Secretary
to establish a program to recognize private sector employers,
State and local governments for outstanding achievements in
reducing petroleum consumption.
Sums are authorized in the amount of $10 million for fiscal
years 2008 through 2013 to carry out the requirements of this
section.
Section 262. Federal requirement to purchase electricity generated by
renewable energy
Section 262 amends the Federal renewable electricity
purchase goal established in section 203 of the Energy Policy
Act of 2005, to establish a binding requirement, to the extent
feasible and technically practicable, for the purchase of
electricity from renewable sources, equivalent to not less than
10 percent by 2010, and 15 percent by 2015. The section
requires the purchases to be made from facilities placed in
service after January 1, 1999.
Section 262 also applies the Federal renewable electricity
purchase requirement to the Capitol Complex.
Section 262 further provides the President authority to
grant reductions or waivers of this section in any fiscal year,
upon determinations that it would result in: negative impacts
to military training or readiness of the Department of Defense;
a negative impact on domestic preparedness activities conducted
by the Department of Homeland Security; or negative impacts on
a Federal agency's ability to provide emergency response
services in the event of a natural disaster or terrorist
attack.
Section 263. Energy savings performance contracts
Section 263 permanently authorizes the energy savings
performance contract (ESPC) program. It clarifies that Federal
agencies may retain 100 percent of the guaranteed savings under
an ESPC, and expands the definition of energy savings to
include those derived from on-site renewable energy generation.
This section also expands financing flexibility for Federal
agencies to reduce costs, and requires a study of opportunities
to use ESPCs for transportation energy savings and other non-
building applications. It also requires that the Secretary and
Secretary of Defense jointly conduct and submit to Congress and
the President a study of the potential for ESPCs to reduce
energy consumption and provide cost savings in non-building
applications.
Section 264. Energy management requirements for Federal buildings
Section 264 amends section 543 of the National Energy
Conservation Policy Act, to require a 30 percent reduction in
energy consumption in existing Federal buildings by 2015.
Section 265. Combined heat and power and district energy installation
at Federal sites
Section 265 amends section 543 of the National Energy
Conservation Policy Act, to require the identification of
Federal sites that could achieve significant energy savings
through the installation of combined heat and power or district
energy systems. It directs the Secretary, in consultation with
the Administrator of the General Services Administration and
the Secretary of Defense, to complete this assessment not later
than 18 months after enactment. It allows efficiency achieved
through installations of combined heat and power or district
energy systems to be counted towards requirements established
in section 264 of this Act.
Section 266. Federal building performance standards
Section 266 requires new Federal buildings to reduce fossil
fuel energy consumption, to eliminate it entirely by 2030. It
mandates that Federal buildings, to the maximum extent
economically feasible and technically practicable, be designed
to reduce fossil fuel-generated energy consumption relative to
a fiscal year 2003 baseline, in amounts starting at 50 percent
in fiscal year 2007, 60 percent in 2010, with a 10 percent
increase in savings every five years thereafter, until it is
entirely eliminated.
Section 267. Application of international energy conservation code to
public and assisted housing
Section 267 applies updated energy conservation codes to
public and assisted housing administered by the Department of
Housing and Urban Development.
Section 268. Energy Efficient Commercial Buildings Initiative
Section 268 directs the Secretary to enter into an
agreement with a consortium of eligible stakeholders, to
undertake an initiative to reduce the quantity of energy
consumed by U.S. commercial buildings. This section establishes
as goals of this initiative increased numbers of energy
efficient commercial buildings in the U.S., including all
newly-constructed buildings by 2030; 50 percent of the entire
U.S. commercial building stock by 2040; and all commercial
buildings by 2050.
To carry out the initiative, this section authorizes the
Secretary, in collaboration with the consortium, to conduct:
research and development on building design, materials and
related energy efficient practices; demonstration projects to
evaluate replicable approaches to energy savings in a variety
of climates; deployment activities to encourage widespread
adoption of efficient technologies and practices; and other
activities necessary to achieve the goals of the initiative
authorized under this section.
SUBTITLE F--ASSISTING STATE AND LOCAL GOVERNMENTS IN ENERGY EFFICIENCY
Section 271. Weatherization assistance for low-income persons
Section 271 reauthorizes the Federal Weatherization
Assistance program through fiscal year 2012, and increases
funding levels by $50 million per year, to $750 million for
fiscal years 2008 through 2012.
Section 272. State energy conservation plans
Section 272 reauthorizes the state energy program through
fiscal year 2012.
Section 273. Utility energy efficiency programs
Section 273 amends the Public Utility Regulatory Policies
Act (PURPA) of 1978, to require each electric utility to
integrate energy efficiency into utility, state and regional
integrated resource plans, and adopt policies to establish
cost-effective efficiency as a priority resource.
It further amends PURPA to establish that rates allowed to
be charged by any electric or natural gas utility must align
utility incentives with the delivery of cost-effective
efficiency, and promote investments in efficiency. It requires
State utility regulatory commissions and non-regulated
utilities to consider: removing disincentives to efficiency
inherent in some existing rate designs; providing utility
incentives for effective management of efficiency programs,
including the impact of adopting energy efficiency as one of
the goals of rate design; and encouraging rate designs that
promote efficiency gains for each class of retail customer.
Section 274. Energy efficiency and demand response assistance
Section 274 directs the Secretary, through the national
laboratories, to provide technical assistance to State energy
offices, public utility regulatory commissions and non-
regulated utilities, with respect to implementation of energy
efficiency and demand response programs established or updated
under amendments to this title.
Section 275. Energy and environmental block grant
Section 275 authorizes block grants to States, eligible
units of local governments and Indian tribes, for purposes of
implementing energy efficiency programs. It directs the
Secretary to develop formulae to distribute block grant funding
to eligible units of local government and States, and places
requirements on the use of funds distributed under the program.
Section 276. Energy sustainability and efficiency grants for
institutions of higher learning
Section 276 authorizes grants to institutions of higher
learning for energy efficiency and renewable energy
demonstration projects.
Section 277. Workforce training
Section 277 authorizes a program to provide workforce
training to meet the demand for skilled workers in the energy
efficiency and renewable energy industries.
Section 278. Assistance to states to reduce school bus idling
Section 278 encourages local educational agencies to
develop a policy to reduce the incidence of school bus idling.
This section authorizes $5 million in funding for each of
fiscal years 2007 through 2012 for the Secretary of Energy to
work with the Secretary of Education to inform States and local
educational agencies of ways to reduce bus idling and the
attendant benefits.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Section 301. Short title
Section 301 names title III the ``Carbon Capture and
Sequestration Act of 2007''.
Section 302. Carbon Capture and Storage Research, Development, and
Demonstration Program
Section 302 amends section 963 of the Energy Policy Act of
2005, to expand and improve the Department of Energy's existing
carbon capture and storage research and development program.
This section directs the Secretary to conduct carbon
sequestration demonstration projects, with an emphasis on
large-scale geologic carbon dioxide injection. It also requires
the Secretary to conduct fundamental science and engineering
research in order to document new approaches to carbon dioxide
capture and storage. It further expands the Department's
existing program emphasis beyond combustion-based systems, to
assess carbon capture technologies related to a wider array of
energy systems, including refineries, chemical and biofuels
plants. The Secretary is further directed under this section to
promote regional partnerships and must conduct at least seven
large-scale sequestration tests, including one in cooperation
with an international partner.
Section 303. Carbon dioxide storage capacity assessment
Section 303 directs the Secretary of Interior to develop a
methodology for conducting a national assessment of geological
storage capacity for carbon dioxide within 270 days, and
requires completion of the assessment within 2 years of the
methodology's publication.
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 this report was filed. When the Congressional Budget
Office completes its cost estimate, it will be posted on the
Internet at www.cbo.gov and the Chairman will request that it
be printed in the Congressional Record for the advice of the
Senate.
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 legislation.
The bill establishes a renewable fuel content standard on
fuel refineries, blenders, distributors, and importers. It also
establishes energy efficiency standards on manufacturers of
certain types of lighting, heating and cooling equipment,
electric motors, and consumer appliances. There may be some
economic costs associated with certain of these requirements,
though these costs may be offset in whole or in part by
reducing energy consumption and our dependence on foreign oil.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Implementation of the renewable fuel standard involves the
operation of a credit program, which may require fuel
refineries, blenders, distributors, and importers to keep
records and report information to the government. The bill
directs the President to implement the credit program in a
manner consistent with the existing program set up under the
Energy Policy Act of 2005, and thus should not result in
significant additional paperwork requirements. The bill
requires federal agencies and, in one case, state public
utility commissions, to conduct various studies or make various
reports, and will require the reporting of certain information
associated with grant and financial assistance programs.
Little, if any, additional paperwork burdens on private
industry or individuals should result from the enactment of the
measure.
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 italic, existing law in which no change is
proposed is shown in roman):
TABLE OF CONTENTS OF EXISTING LAWS PROPOSED TO BE CHANGED
1. Energy Policy and Conservation Act, Public Law 94-63, as
amended (42 U.S.C. 6201 et seq.)
2. Energy Conservation and Production Act, Public Law 94-
385, as amended (42 U.S.C. 6801 et seq.)
3. Public Utility Regulatory Policies Act of 1978, Public
Law 95-617, as amended (16 U.S.C. 2601 et seq.)
4. National Energy Conservation Policy Act, Public Law 95-
619, as amended (42 U.S.C. 8201 et seq.)
5. Cranston-Gonzalez National Affordable Housing Act,
Public Law 101-626, as amended (42 U.S.C. 12701 et seq.)
6. Energy Policy Act of 1992, Public Law 102-486, as
amended (42 U.S.C. 13211 et seq.)
7. Energy Policy Act of 2005, Public Law 109-58 (42 U.S.C.
15801 et seq.)
8. Title 10, United States Code
ENERGY POLICY AND CONSERVATION ACT
Public Law 94-63, as Amended (42 U.S.C. 6201 et seq.)
* * * * * * *
TABLE OF CONTENTS
* * * * * * *
TITLE III--IMPROVING ENERGY EFFICIENCY
* * * * * * *
PART J--ENCOURAGING THE USE OF ALTERNATIVE FUELS
Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
Sec. 400BB. Alternative fuels truck commercial application program.
Sec. 400CC. Alternative fuels bus program.
Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
Sec. 400EE. Studies and reports.
Sec. 400FF. Federal fleet conservation requirements.
TITLE III--IMPROVING ENERGY EFFICIENCY
PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN
AUTOMOBILES
DEFINITIONS
Sec. 321. For purposes of this part:
* * * * * * *
[(6) The term ``energy conservation standard'' means--
[(A) a performance standard which prescribes a
minimum level of energy efficiency or a maximum
quantity of energy use, or, in the case of showerheads,
faucets, water closets, and urinals, water use, for a
covered product, determined in accordance with test
procedures prescribed under section 323; or
[(B) a design requirement for the products specified
in paragraphs (6), (7), (8), (10), (15), (16), (17),
and (19) of section 322(a); and includes any other
requirements which the Secretary may prescribe under
section 325(r).]
(6) The term ``energy conservation standard'' means--
(A) a performance standard which prescribes a minimum
level of energy efficiency or a maximum quantity of
energy use, and, in the case of residential clothes
washers, residential dishwashers, showerheads, faucets,
water closets, and urinals, water use, for a covered
product, determined in accordance with test procedures
prescribed under section 323; or
(B) a design requirement for the products specified
in paragraphs (6), (7), (8), (10), (15), (16), (17),
and (19) of section 322(a); and includes 1 or more
design requirements, as part of a consensus agreement
under section 325 (hh); and any other requirements
which the Secretary may prescribe under section 325(r).
* * * * * * *
(30)(A) Except as provided in subparagraph (E), the term
``fluorescent lamp'' means a low pressure mercury electric-
discharge source in which a fluorescing coating transforms some
of the ultraviolet energy generated by the mercury discharge
into light, including only the following:
* * * * * * *
(B) The term ``general service fluorescent lamp'' means
fluorescent lamps which can be used to satisfy the majority of
fluorescent applications, but does not include any lamp
designed and marketed for the following nongeneral lighting
applications:
(i) Fluorescent lamps designed to promote plant
growth.
(ii) Fluorescent lamps specifically designed for cold
temperature installations.
(iii) Colored fluorescent lamps.
(iv) Impact-resistant fluorescent lamps.
(v) Reflectorized or aperture lamps.
(vi) Fluorescent lamps designed for use in
reprographic equipment.
(vii) Lamps primarily designed to produce radiation
in the ultra-violet region of the spectrum.
(viii) Lamps with a color rendering index of [82] 87
or greater.
(C) Except as provided in subparagraph (E), the term
``incandescent lamp'' means a lamp in which light is produced
by a filament heated to incandescence by an electric current,
including only the following:
(i) Any lamp (commonly referred to as lower wattage
nonreflector general service lamps, including any
tungsten-halogen lamp) that has a rated wattage between
30 and 199 watts, has an E26 medium screw base, has a
rated voltage or voltage range that lies at least
partially within 115 and 130 volts, and is not a
reflector lamp.
(ii) Any lamp (commonly referred to as a reflector
lamp) which is not colored or designed for rough or
vibration service applications, that contains an inner
reflective coating on the outer bulb to direct the
light, an R, PAR, [or similar bulb shapes (excluding ER
or BR)] ER,BR,BPAR, or similar bulb shapes with E26
medium screw bases, a rated voltage or voltage range
that lies at least partially within 115 and 130 volts,
a diameter which exceeds [2.75] 2.25 inches, and [is
either--
(I) a low(er) wattage reflector lamp which
has a rated wattage between 40 and 205 watts;
or
(II) a high(er) wattage reflector lamp which
has a rated wattage above 205 watts] has a
rated wattage that is 40 watts or higher.
(iii) Any general service incandescent lamp (commonly
referred to as a high- or higher-wattage lamp) that has
a rated wattage above 199 watts (above 205 watts for a
high wattage reflector lamp).
* * * * * * *
(46)(A) The term ``high intensity discharge lamp'' means an
electric-discharge lamp in which--
(i) the light-producing arc is stabilized by [bulb]
the arc tube wall temperature; and
(ii) the arc tube [has a bulb] wall loading is in
excess of 3 Watts/cm2.
(B) The term ``high intensity discharge lamp'' includes
mercury vapor, metal halide, and high-pressure sodium lamps
described in subparagraph (A).
(47)(A) The term ``mercury vapor lamp'' means a high
intensity discharge lamp in which the major portion of the
light is produced by radiation from mercury [operating at a
partial] typically operating at a partial vapor pressure in
excess of 100,000 Pa (approximately 1 atm).
(B) The term ``mercury vapor lamp'' includes clear,
phosphor-coated, and self- ballasted lamps described in
subparagraph (A).
(48) The term ``mercury vapor lamp ballast'' means a device
that is designed and marketed to start and operate mercury
vapor lamps intended for general illumination by providing the
necessary voltage and current.
* * * * * * *
(51) The term ``medium screw base'' means an Edison screw
base identified with the prefix E 0926 in the ``American
National Standard for Electric Lamp Bases'', ANSI/IEC C81.61
092003, published by the American National Standards Institute.
(52) BPAR Incandescent Reflector Lamp.--The term ``BPAR
incandescent reflector lamp'' means a reflector lamp as shown
in figure C78.21-278 on page 32 of ANSI C78.21-2003.
(53) BR Incandescent Reflector Lamp; BR30; BR40.--
(A) BR Incandescent Reflector Lamp.--The term ``BR
incandescent reflector lamp'' means a reflector lamp that has--
(i) a bulged section below the major diameter
of the bulb and above the approximate baseline
of the bulb, as shown in figure 1 (RB) on page
7 of ANSI C79.1-1994, incorporated by reference
in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph); and
(ii) a finished size and shape shown in ANSI
C78.21-1989, including the referenced
reflective characteristics in part 7 of ANSI
C78.21-1989, incorporated by reference in
section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
(B) BR30.--The term ``BR30'' means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
(C) BR40.--The term ``BR40'' means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
(54) ER Incandescent Reflector Lamp; ER30; ER40.--
(A) ER Incandescent Reflector Lamp.--The term ``ER
incandescent reflector lamp'' means a reflector lamp
that has--
(i) an elliptical section below the major
diameter of the bulb and above the approximate
baseline of the bulb, as shown in figure 1 (RE)
on page 7 of ANSI C79.1-1994, incorporated by
reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the
date of enactment of this paragraph); and
(ii) a finished size and shape shown in ANSI
C78.21-1989, incorporated by reference in
section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
(B) ER30.--The term ``ER30'' means an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch.
(C) ER40.--The term ``ER40'' means an ER incandescent
reflector lamp with a diameter of 40/8ths of an inch.
(55) R20 Incandescent Reflector Lamp.--The term ``R20
incandescent reflector lamp'' means a reflector lamp that has a
face diameter of approximately 2.5 inches, as shown in figure
1(R) on page 7 of ANSI C79.1-1994.
(56) The term ``specialty application mercury vapor lamp
ballast'' means a mercury vapor lamp ballast that--
(A) is designed and marketed for medical use, optical
comparators, quality inspection, industrial processing,
or scientific use, including fluorescent microscopy,
ultraviolet curing, and the manufacture of microchips,
liquid crystal displays, and printed circuit boards;
and
(B) in the case of a specialty application mercury
vapor lamp ballast, is labeled as a specialty
application mercury vapor lamp ballast.
* * * * * * *
TEST PROCEDURES
Sec. 323. (a) General Rule.--All test procedures and
related determinations prescribed or made by the Secretary with
respect to any covered product (or class thereof) which are in
effect on the date of enactment of the National Appliance
Energy Conservation Act of 1987 shall remain in effect until
the Secretary amends such test procedures and related
determinations under subsection (b).
(b) Amended and New Procedures.--[(1)(A) The Secretary may
amend test procedures with respect to any covered product if
the Secretary determines that amended test procedures would
more accurately or fully comply with the requirements of
paragraph (3).]
(1) Test procedures.--
(A) Amendment.--At least once every 7 years, the
Secretary shall review test procedures for all covered
products and--
(i) amend test procedures with respect to any
covered product, if the Secretary determines
that amended test procedures would more
accurately or fully comply with the
requirements of paragraph (3); or
(ii) publish notice in the Federal Register
of any determination not to amend a test
procedure.
* * * * * * *
ENERGY STAR PROGRAM
Sec. 324A. (a) In General.--There is established within the
Department of Energy and the Environmental Protection Agency a
voluntary program to identify and promote energy-efficient
products and buildings in order to reduce energy consumption,
improve energy security, and reduce pollution through voluntary
labeling of, or other forms of communication about, products
and buildings that meet the highest energy conservation
standards.
* * * * * * *
(d) Deadlines.--The Secretary shall establish new
qualifying levels--
(1) not later than January 1, 2006, for clothes
washers and dishwashers, effective beginning January 1,
2007; and
(2) not later than January 1, 2008, for clothes
washers, effective beginning January 1, [2010] 2009.
ENERGY CONSERVATION STANDARDS
Sec. 325. (a) Purposes.--The purposes of this section are
to--
(1) provide Federal energy conservation standards
applicable to covered products; and
(2) authorize the Secretary to prescribe amended or
new energy conservation standards for each type (or
class) of covered product.
(b) Standards for Refrigerators, Refrigerator-Freezers, and
Freezers.--(1) The following is the maximum energy use allowed
in kilowatt hours per year for the following products (other
than those described in paragraph (2)) manufactured on or after
January 1, 1990:
* * * * * * *
(4) Refrigerators, refrigerator-freezers, and
freezers manufactured on or after january 1, 2014.--Not
later than December 31, 2010, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for refrigerators, refrigerator-
freezers, and freezers manufactured on or after January
1, 2014, and including any amended standards.
* * * * * * *
(f) Standards for Furnaces.--
* * * * * * *
(3) Boilers.--
(A) In general.--Subject to subparagraphs (B)
and (C), boilers manufactured on or after
September 1, 2012, shall meet the following
requirements:
------------------------------------------------------------------------
Minimum annual fuel
Boiler type utilization efficiency Design
(percent) requirements
------------------------------------------------------------------------
Gas Hot Water............... 82....................... No constant
burning pilot,
automatic
means for
adjusting
water
temperature.
Gas Steam................... 80....................... No constant
burning pilot.
Oil Hot Water............... 84....................... Automatic means
for adjusting
temperature.
Oil Steam................... 82....................... None.
Electric Hot Water.......... None..................... Automatic means
for adjusting
temperature.
Electric Steam.............. None..................... None.
------------------------------------------------------------------------
(B) Pilots.--The manufacturer shall not equip
gas hot water or steam boilers with constant-
burning pilot lights.
(C) Automatic means for adjusting water
temperature.--
(i) In general.--The manufacturer
shall equip each gas, oil, and electric
hot water boiler (other than a boiler
equipped with tankless domestic water
heating coils) with an automatic means
for adjusting the temperature of the
water supplied by the boiler to ensure
that an incremental change in inferred
heat load produces a corresponding
incremental change in the temperature
of water supplied.
(ii) Certain boilers.--For a boiler
that fires at 1 input rate, the
requirements of this subparagraph may
be satisfied by providing an automatic
means that allows the burner or heating
element to fire only when the means has
determined that the inferred heat load
cannot be met by the residual heat of
the water in the system.
(iii) No inferred heat load.--When
there is no inferred heat load with
respect to a hot water boiler, the
automatic means described in clauses
(i) and (ii) shall limit the
temperature of the water in the boiler
to not more than 140 degrees
Fahrenheit.
(iv) Operation.--A boiler described
in clause (i) or (ii) shall be operable
only when the automatic means described
in clauses (i), (ii), and (iii) is
installed.
[(3)] (4) (A) The Secretary shall publish a final rule
no later than January 1, 1992, to determine whether the
standards established by paragraph (2) for mobile home
furnaces should be amended. Such rule shall provide
that any amendment shall apply to products manufactured
on or after January 1, 1994.
* * * * * * *
(D) Notwithstanding any other provision of this Act,
if the requirements of subsection (o) are met, the
Secretary may consider and prescribe energy
conservation standards or energy use standards for
electricity used for purposes of circulating air
through duct work.
(E) Final rule.--
(i) In general.--The Secretary shall publish
a final rule to carry out this subsection not
later than December 31, 2014.
(ii) Criteria.--The standards shall meet the
criteria established under subsection (o).
* * * * * * *
(g) Standards for Dishwashers; Clothes Washers; Clothes
Dryers; Fluorescent Lamp Ballasts.--
* * * * * * *
(4)(A) The Secretary shall publish final rules no
later than January 1, 1990, to determine if the
standards established under this subsection for
products described in paragraphs (1), (2), and (3)
should be amended. Such rules shall provide that any
amendment shall apply to products the manufacture of
which is completed on or after January 1, 1993.
* * * * * * *
(D) Clothes washers.--
(i) Clothes washers manufactured on or after
january 1, 2011.--A residential clothes washer
manufactured on or after January 1, 2011, shall
have--
(I) a modified energy factor of at
least 1.26; and
(II) a water factor of not more than
9.5.
(ii) Clothes washers manufactured on or after
january 1, 2012.--Not later than January 1,
2012, the Secretary shall publish a final rule
determining whether to amend the standards in
effect for residential clothes washers
manufactured on or after January 1, 2012, and
including any amended standards.
(E) Dishwashers.--
(i) Dishwashers manufactured on or after
january 1, 2010.--A dishwasher manufactured on
or after January 1, 2010, shall use not more
than--
(I) in the case of a standard-size
dishwasher, 355 kWh per year or 6.5
gallons of water per cycle; and
(II) in the case of a compact-size
dishwasher, 260 kWh per year or 4.5
gallons of water per cycle.
(ii) Dishwashers manufactured on or after
january 1, 2018.--Not later than January 1,
2015, the Secretary shall publish a final rule
determining whether to amend the standards for
dishwashers manufactured on or after January 1,
2018, and including any amended standards.
* * * * * * *
(i) General Service Fluorescent Lamps and Incandescent
Reflector Lamps.--[(1)(A) Each of the following general service
fluorescent lamps and incandescent reflector lamps manufactured
after the effective date specified in the tables listed in this
paragraph shall meet or exceed the following lamp efficacy and
CRI standards:
[FLUORESCENT LAMPS
------------------------------------------------------------------------
Minimum
Nominal average Effective
Lamp type lamp Minimum lamp date
wattage CRI efficacy (months)
(LPW)
------------------------------------------------------------------------
4-foot medium bi-pin........ >35W 69 75.0 36
35W 45 75.0 36
2-foot U-shaped............. >35W 69 68.0 36
35W 45 64.0 36
8-foot slimline............. >65W 69 80.0 18
65W 45 80.0 18
8-foot high output.......... >100W 69 80.0 18
100W 45 80.0 18
------------------------------------------------------------------------
[INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum
average Effective
Nominal lamp wattage lamp date
efficacy (months)
(LPW)
------------------------------------------------------------------------
40-50............................................. 10.5 36
51-66............................................. 11.0 36
67-85............................................. 12.5 36
86-115............................................ 14.0 36
116-155........................................... 14.5 36
156-205........................................... 15.0 36]
------------------------------------------------------------------------
[(B) For the purposes of the tables set forth in
subparagraph (A), the term ``effective date'' means the last
day of the month set forth in the table which follows the date
of the enactment of the Energy Policy Act of 1992.]
(1) Standards.--
(A) Definition of effective date.--In this paragraph
(other than subparagraph (D)), the term `effective
date' means, with respect to each type of lamp
specified in a table contained in subparagraph (B), the
last day of the period of months corresponding to that
type of lamp (as specified in the table) that follows
October 24, 1992.
(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector
lamps manufactured after the effective date specified
in the tables contained in this paragraph shall meet or
exceed the following lamp efficacy and CRI standards:
FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Minimum
Nominal average Effective
Lamp type lamp Minimum CRI lamp date
wattage efficacy (Period of
(LPW) months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........................................ >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped............................................. >35 W 69 68.0 36
35W 45 64.0 36
8-foot slimline............................................. >65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output.......................................... >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum
average Effective
Nominal lamp wattage lamp date
efficacy (Period of
(LPW) months)
------------------------------------------------------------------------
40-50......................................... 10.5 36
51-66......................................... 11.0 36
67-85......................................... 12.5 36
86-115........................................ 14.0 36
116-155....................................... 14.5 36
156-205....................................... 15.0 36
------------------------------------------------------------------------
(C) Exemptions.--The standards specified in
subparagraph (B) shall not apply to the following types
of incandescent reflector lamps:
(i) Lamps rated at 50 watts or less that are
ER30, BR30, BR40, or ER40 lamps.
(ii) Lamps rated at 65 watts that are BR30,
BR40, or ER40 lamps.
(iii) R20 incandescent reflector lamps rated
45 watts or less.
(D) Effective Dates.--
(i) ER, BR, and BPAR lamps.--The standards
specified in subparagraph (B) shall apply with
respect to ER incandescent reflector lamps, BR
incandescent reflector lamps, BPAR incandescent
reflector lamps, and similar bulb shapes on and
after January 1, 2008.
(ii) Lamps between 2.25-2.75 inches in
diameter.--The standards specified in
subparagraph (B) shall apply with respect to
incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75
inches, on and after January 1, 2008.
* * * * * * *
[(m) Further Rulemaking.--After issuance of the last final
rules required under subsections (b) through (i) of this
section, the Secretary may publish final rules to determine
whether standards for a covered product should be amended. 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 made 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, 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.]
(m) Further Rulemaking.--
(1) In general.--After issuance of the last final
rules required for a product under this part, the
Secretary shall, not later than 5 years after the date
of issuance of a final rule establishing or amending a
standard or determining not to amend a standard,
publish a final rule to determine whether standards for
the product should be amended based on the criteria
described in subsection (n)(2).
(2) Analysis.--Prior to publication of the
determination, the Secretary shall publish a notice of
availability describing the analysis of the Department
and provide opportunity for written comment.
(3) Final rule.--Not later than 3 years after a
positive determination under paragraph (1), the
Secretary shall publish a final rule amending the
standard for the product.
(4) Application of amendment.--An amendment
prescribed under this subsection shall apply to a
product manufactured after a date that is 5 years
after--
(A) the effective date of the previous
amendment made 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 after publication
of the final rule establishing a standard.
* * * * * * *
(cc) Dehumidifiers.--(1) Dehumidifiers manufactured on or
after October 1, 2007 and before October 1, 2012, shall have an
Energy Factor that meets or exceeds the following values:
Product capacity (pints/day): Minimum energy factor (Liters/kWh)
25.00 or less........................................... 1.00
25.01-35.00............................................. 1.20
35.01-54.00............................................. 1.30
54.01-74.99............................................. 1.50
75.00 or more........................................... 2.25.
[(2)(A) Not later than October 1, 2009, the Secretary shall
publish a final rule in accordance with subsections (o) and
(p), to determine whether the energy conservation standards
established under paragraph (1) should be amended.
[(B) The final rule published under subparagraph (A)
shall--
[(i) contain any amendment by the Secretary; and
[(ii) provide that the amendment applies to products
manufactured on or after October 1, 2012.]
(2) Dehumidifiers manufactured on or after october 1,
2012.--Dehumidifiers manufactured on or after October 1, 2012,
shall have an Energy Factor that meets or exceeds the following
values:
Product capacity (pints/day): Minimum energy factor liters/kWh
Up to 35.00............................................. 1.35
35.01-45.00............................................. 1.50
45.01-54.00............................................. 1.60
54.01-75.00............................................. 1.70
Greater than 75.00...................................... 2.5.''
(hh) Expedited Rulemaking for Consensus Standards.--
(1) In general.--The Secretary shall conduct an
expedited rulemaking based on an energy conservation
standard or test procedure recommended by interested
persons, if--
(A) the interested persons (demonstrating
significant and broad support from
manufacturers of a covered product, States,
utilities, and environmental, energy
efficiency, and consumer advocates) submit a
joint comment or petition recommending a
consensus energy conservation standard or test
procedure; and
(B) the Secretary determines that the joint
comment or petition includes evidence that
(assuming no other evidence were considered)
provides an adequate basis for determining that
the proposed consensus energy conservation
standard or test procedure proposed in the
joint comment or petition complies with the
provisions and criteria of this Act (including
subsection (o)) that apply to the type or class
of covered products covered by the joint
comment or petition.
(2) Procedure.--
(A) In general.--Notwithstanding subsection
(p) or section 336(a), if the Secretary
receives a joint comment or petition that meets
the criteria described in paragraph (1), the
Secretary shall conduct an expedited rulemaking
with respect to the standard or test procedure
proposed in the joint comment or petition in
accordance with this paragraph.
(B) Advanced notice of proposed rulemaking.--
If no advanced notice of proposed rulemaking
has been issued under subsection (p)(1) with
respect to the rulemaking covered by the joint
comment or petition, the requirements of
subsection (p) with respect to the issuance of
an advanced notice of proposed rulemaking shall
not apply.
(C) Publication of determination.--Not later
than 60 days after receipt of a joint comment
or petition described in paragraph (1)(A), the
Secretary shall publish a description of a
determination as to whether the proposed
standard or test procedure covered by the joint
comment or petition meets the criteria
described in paragraph (1).
(D) Proposed rule.--
(i) Publication.--If the Secretary
determines that the proposed consensus
standard or test procedure covered by
the joint comment or petition meets the
criteria described in paragraph (1),
not later than 30 days after the
determination, the Secretary shall
publish a proposed rule proposing the
consensus standard or test procedure
covered by the joint comment or
petition.
(ii) Public comment period.--
Notwithstanding paragraphs (2) and (3)
of subsection (p), the public comment
period for the proposed rule shall be
the 30-day period beginning on the date
of the publication of the proposed rule
in the Federal Register.
(iii) Public hearing.--
Notwithstanding section 336(a), the
Secretary may waive the holding of a
public hearing with respect to the
proposed rule.
(E) Final rule.--Notwithstanding subsection
(p)(4), the Secretary--
(i) may publish a final rule at any
time after the 60-day period beginning
on the date of publication of the
proposed rule in the Federal Register;
and
(ii) shall publish a final rule not
later than 120 days after the date of
publication of the proposed rule in the
Federal Register.
* * * * * * *
Sec. 327. (a) Preemption of Testing and Labeling
Requirements.
* * * * * * *
(b) General Rule of Preemption for Energy Conservtion
Standards Before Federal Standard Becomes Effective for a
Product.--
* * * * * * *
(2) is a State procurement regulation described in
[subsection (e)] subsection (f);
(3) is a regulation described in [subsection (f)(1)]
subsection (g)(1) or is prescribed or enacted in a
building code for new construction described in
[subsection (f)(2)] subsection (g)(2);
* * * * * * *
(c) General Rule of Preemption for Energy Conservation
Standards When Federal Standard Becomes Effective for a
Product.--
* * * * * * *
(3) is in a building code for new construction
described in subsection [(f)(3)] (g)(3);
* * * * * * *
(e) Regional Efficiency Standards for Heating and Cooling
Products.--
(1) In General.--
(A) Determination.--The Secretary may
determine, after notice and comment, that more
stringent Federal energy conservation standards
are appropriate for furnaces, boilers, or
central air conditioning equipment than
applicable Federal energy conservation
standards.
(B) Finding.--The Secretary may determine
that more stringent standards are appropriate
for up to 2 different regions only after
finding that the regional standards--
(i) would contribute to energy
savings that are substantially greater
than that of a single national energy
standard; and
(ii) are economically justified.
(C) Regions.--On making a determination
described in subparagraph (B), the Secretary
shall establish the regions so that the more
stringent standards would achieve the maximum
level of energy savings that is technologically
feasible and economically justified.
(D) Factors.--In determining the
appropriateness of 1 or more regional standards
for furnaces, boilers, and central and
commercial air conditioning equipment, the
Secretary shall consider all of the factors
described in paragraphs (1) through (4) of
section 325(o).
(2) State petition.--After a determination made by
the Secretary under paragraph (1), a State may petition
the Secretary requesting a rule that a State regulation
that establishes a standard for furnaces, boilers, or
central air conditioners become effective at a level
determined by the Secretary to be appropriate for the
region that includes the State.
(3) Rule.--Subject to paragraphs (4) through (7), the
Secretary may issue the rule during the period
described in paragraph (4) and after consideration of
the petition and the comments of interested persons.
(4) Procedure.--
(A) Notice.--The Secretary shall provide
notice of any petition filed under paragraph
(2) and afford interested persons a reasonable
opportunity to make written comments, including
rebuttal comments, on the petition.
(B) Decision.--Except as provided in
subparagraph (C), during the 180-day period
beginning on the date on which the petition is
filed, the Secretary shall issue the requested
rule or deny the petition.
(C) Extension.--The Secretary may publish in
the Federal Register a notice--
(i) extending the period to a
specified date, but not longer than 1
year after the date on which the
petition is filed; and
(ii) describing the reasons for the
delay.
(D) Denials.--If the Secretary denies a
petition under this subsection, the Secretary
shall publish in the Federal Register notice
of, and the reasons for, the denial.
(5) Finding of significant burden on manufacturing,
marketing, distribution, sale, or servicing of covered
product on national basis.--
(A) In general.--The Secretary may not issue
a rule under this subsection if the Secretary
finds (and publishes the finding) that
interested persons have established, by a
preponderance of the evidence, that the State
regulation will significantly burden
manufacturing, marketing, distribution, sale,
or servicing of a covered product on a national
basis.
(B) Factors.--In determining whether to make
a finding described in subparagraph (A), the
Secretary shall evaluate all relevant factors,
including--
(i) the extent to which the State
regulation will increase manufacturing
or distribution costs of manufacturers,
distributors, and others;
(ii) the extent to which the State
regulation will disadvantage smaller
manufacturers, distributors, or dealers
or lessen competition in the sale of
the covered product in the State; and
(iii) the extent to which the State
regulation would cause a burden to
manufacturers to redesign and produce
the covered product type (or class),
taking into consideration the extent to
which the regulation would result in a
reduction--
(I) in the current models, or
in the projected availability
of models, that could be
shipped on the effective date
of the regulation to the State
and within the United States;
or
(II) in the current or
projected sales volume of the
covered product type (or class)
in the State and the United
States.
(6) Application.--No State regulation shall become
effective under this subsection with respect to any
covered product manufactured before the date specified
in the determination made by the Secretary under
paragraph (1).
(7) Petition to withdraw federal rule following
amendment of federal standard.--
(A) In general.--If a State has issued a rule
under paragraph (3) with respect to a covered
product and subsequently a Federal energy
conservation standard concerning the product is
amended pursuant to section 325, any person
subject to the State regulation may file a
petition with the Secretary requesting the
Secretary to withdraw the rule issued under
paragraph (3) with respect to the product in
the State.
(B) Burden of proof.--The Secretary shall
consider the petition in accordance with
paragraph (5) and the burden shall be on the
petitioner to show by a preponderance of the
evidence that the rule received by the State
under paragraph (3) should be withdrawn as a
result of the amendment to the Federal
standard.
(C) Withdrawal.--If the Secretary determines
that the petitioner has shown that the rule
issued by the Secretary under paragraph (3)
should be withdrawn in accordance with
subparagraph (B), the Secretary shall withdraw
the rule.
[(e)] (f) Exception for Certain State Procurement
Standards.--Any State regulation which sets forth procurement
standards for a State (or political subdivision thereof) shall
not be superseded by the provisions of this part if such
standards are more stringent than the corresponding Federal
energy conservation standards.
[(f)] (g) Exception for Certain Building Code
Requirements.--(1) A regulation or other requirement enacted or
prescribed before January 8, 1987, that is contained in a State
or local building code for new construction concerning the
energy efficiency or energy use of a covered product is not
superseded by this part until the effective date of the energy
conservation standard established in or prescribed under
section 325 for such covered product.
* * * * * * *
[(g)] (h) No Warranty.--Any disclosure with respect to
energy use, energy efficiency, or estimated annual operating
cost which is required to be made under the provisions of this
part shall not create an express or implied warranty under
State or Federal law that such energy efficiency will be
achieved or that such energy use or estimated annual operating
cost will not be exceeded under conditions of actual use.
* * * * * * *
PART C--CERTAIN INDUSTRIAL EQUIPMENT
DEFINITIONS
Sec. 340. For purposes of this part--
* * * * * * *
(13) [(A) The term ``electric motor'' means any motor which
is a general purpose T-frame, single-speed, foot-mounting,
polyphase squirrel-cage induction motor of the National
Electrical Manufacturers Association, Design A and B,
continuous rated, operating on 230/460 volts and constant 60
Hertz line power as defined in NEMA Standards Publication MG1
091987.]
(A)(i) The term `electric motor' means--
(I) a general purpose electric motor--subtype i; and
(II) a general purpose electric motor--subtype i i.
(ii) The term `general purpose electric motor--subtype I'
means any motor that is considered a general purpose motor
under section 431.12 of title 10, Code of Federal Regulations
(or successor regulations).
(iii) The term `general purpose electric motor--subtype II'
means a motor that, in addition to the design elements for a
general purpose electric motor- subtype I, incorporates the
design elements (as established in National Electrical
Manufacturers Association MG-1 (2006)) for any of the
following:
(I) A U-Frame Motor.
(II) A Design C Motor.
(III) A close-coupled pump motor.
(IV) A footless motor.
(V) A vertical solid shaft normal thrust (tested in a
horizontal configuration).
(VI) An 8-pole motor.
(VII) A poly-phase motor with voltage of not more
than 600 volts (other than 230 or 460 volts).
* * * * * * *
STANDARDS
Sec. 342. (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.--(1) Each small
commercial package air conditioning and heating equipment
manufactured on or after January 1, 1994, [but before January
1, 2010,] shall meet the following standard levels:
* * * * * * *
[(6)(A)(i) If ASHRAE/IES Standard 90.1, as in effect on
January 1, 2010, is amended with respect to any small
commercial package air conditioning and heating equipment,
large commercial package air conditioning and heating
equipment, and very large commercial package air conditioning
and heating equipment, or if ASHRAE/IES Standard 90.1, as in
effect on October 24, 1992, is amended with respect to any
packaged terminal air conditioners, packaged terminal heat
pumps, warm-air furnaces, packaged boilers, storage water
heaters, instantaneous water heaters, or unfired hot water
storage tanks, the Secretary shall establish an amended uniform
national standard for that product at the minimum level for
each effective date specified in the amended ASHRAE/IES
Standard 90.1, unless the Secretary determines, by rule
published in the Federal Register and supported by clear and
convincing evidence, that adoption of a uniform national
standard more stringent than such amended ASHRAE/IES Standard
90.1 for such product would result in significant additional
conservation of energy and is technologically feasible and
economically justified.
[(ii) If ASHRAE/IES Standard 90.1 is not amended with
respect to small commercial package air conditioning and
heating equipment, large commercial package air conditioning
and heating equipment, and very large commercial package air
conditioning and heating equipment during the 5-year period
beginning on the effective date of a standard, the Secretary
may initiate a rulemaking to determine whether a more stringent
standard--
[(I) would result in significant additional
conservation of energy; and
[(II) is technologically feasible and economically
justified.
[(B)(i) If the Secretary issues a rule containing such a
determination, the rule shall establish such amended standard.
In determining whether a standard is economically justified for
the purposes of subparagraph (A), the Secretary shall, after
receiving views and comments furnished with respect to the
proposed standard, determine whether the benefits of the
standard exceed its burdens by, to the greatest extent
practicable, considering--
[(I) the economic impact of the standard on the
manufacturers and on the consumers of the products
subject to such standard;
[(II) the savings in operating costs throughout the
estimated average life of the product in the type (or
class) compared to any increase in the price of, or in
the initial charges for, or maintenance expenses of,
the products which are likely to result from the
imposition of the standard;
[(III) the total projected amount of energy savings
likely to result directly from the imposition of the
standard;
[(IV) any lessening of the utility or the performance
of the products likely to result from the imposition of
the standard;
[(V) the impact of any lessening of competition, as
determined in writing by the Attorney General, that is
likely to result from the imposition of the standard;
[(VI) the need for national energy conservation; and
[(VII) other factors the Secretary considers
relevant.
[(ii) The Secretary may not prescribe any amended standard
under this paragraph which increases the maximum allowable
energy use, or decreases the minimum required energy
efficiency, of a covered product. The Secretary may not
prescribe an amended standard under this subparagraph if the
Secretary finds (and publishes such finding) that interested
persons have established by a preponderance of the evidence
that a standard is likely to result in the unavailability in
the United States in any product type (or class) of performance
characteristics (including reliability), features, sizes,
capacities, and volumes that are substantially the same as
those generally available in the United States at the time of
the Secretary's finding. The failure of some types (or classes)
to meet this criterion shall not affect the Secretary's
determination of whether to prescribe a standard for other
types or classes.
[(C) A standard amended by the Secretary under this
paragraph shall become effective for products manufactured--
[(i) with respect to small 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, on or after a date which is two years
after the effective date of the applicable minimum
energy efficiency requirement in the amended ASHRAE/IES
standard referred to in subparagraph (A); and
[(ii) with respect to large commercial package air
conditioning and heating equipment and very large
commercial package air conditioning and heating
equipment, on or after a date which is three years
after the effective date of the applicable minimum
energy efficiency requirement in the amended ASHRAE/IES
standard referred to in subparagraph (A);
[except that an energy conservation standard amended by the
Secretary pursuant to a rule under subparagraph (B) shall
become effective for products manufactured on or after a date
which is four years after the date such rule is published in
the Federal Register.]
(6) Amended energy efficiency standards.--
(A) Analysis of potential energy savings.--If ASHRAE/
IES Standard 90.1 is amended with respect to any small
commercial package air conditioning and heating
equipment, large commercial package air conditioning
and heating equipment, packaged terminal central and
commercial air conditioners, packaged terminal heat
pumps, warm-air furnaces, packaged boilers, storage
water heaters, instantaneous water heaters, or unfired
hot water storage tanks, not later than 180 days after
the amendment of the standard, the Secretary shall
publish in the Federal Register for public comment an
analysis of the energy savings potential of amended
energy efficiency standards.
(B) Amended uniform national standard for products.--
(i) In general.--Except as provided in clause
(ii), not later than 18 months after the date
of publication of the amendment to the ASHRAE/
IES Standard 90.1 for a product described in
subparagraph (A), the Secretary shall establish
an amended uniform national standard for the
product at the minimum level for the applicable
effective date specified in the amended ASHRAE/
IES Standard 90.1.
(ii) More stringent standard.--Clause (i)
shall not apply if the Secretary determines, by
rule published in the Federal Register, and
supported by clear and convincing evidence,
that adoption of a uniform national standard
more stringent than the amended ASHRAE/IES
Standard 90.1 for the product would result in
significant additional conservation of energy
and is technologically feasible and
economically justified.
(C) Rule.--If the Secretary makes a determination
described in subparagraph (B)(ii) for a product
described in subparagraph (A), not later than 30 months
after the date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for the product, the Secretary
shall issue the rule establishing the amended standard.
(D) Amendment of standards.--
(i) In general.--After issuance of the most
recent final rule for a product under this
subsection, not later than 5 years after the
date of issuance of a final rule establishing
or amending a standard or determining not to
amend a standard, the Secretary shall publish a
final rule to determine whether standards for
the product should be amended based on the
criteria described in subparagraph (A).
(ii) Analysis.--Prior to publication of the
determination, the Secretary shall publish a
notice of availability describing the analysis
of the Department and provide opportunity for
written comment.
(iii) Final rule.--Not later than 3 years
after a positive determination under clause
(i), the Secretary shall publish a final rule
amending the standard for the product.
* * * * * * *
(b) Electric Motors.--[(1) Except for definite purpose
motors, special purpose motors, and those motors exempted by
the Secretary under paragraph (2), each electric motor
manufactured (alone or as a component of another piece of
equipment) after the 60-month period beginning on the date of
the enactment of this subsection, or in the case of an electric
motor which requires listing or certification by a nationally
recognized safety testing laboratory, after the 84-month period
beginning on such date, shall have a nominal full load
efficiency of not less than the following:
----------------------------------------------------------------------------------------------------------------
Nominal full-load efficiency
-----------------------------------------------
[Number of poles Open motors Closed motors
-----------------------------------------------
6 4 2 6 4 2
----------------------------------------------------------------------------------------------------------------
Motor Horsepower
1........................................................... 80.0 82.5 ...... 80.0 82.5 75.5
1.5......................................................... 84.0 84.0 82.5 85.5 84.0 82.5
2........................................................... 85.5 84.0 84.0 86.5 84.0 84.0
3........................................................... 86.5 86.5 84.0 87.5 87.5 85.5
5........................................................... 87.5 87.5 85.5 87.5 87.5 87.5
7.5......................................................... 88.5 88.5 87.5 89.5 89.5 88.5
10.......................................................... 90.2 89.5 88.5 89.5 89.5 89.5
15.......................................................... 90.2 91.0 89.5 90.2 91.0 90.2
20.......................................................... 91.0 91.0 90.2 90.2 91.0 90.2
25.......................................................... 91.7 91.7 91.0 91.7 92.4 91.0
30.......................................................... 92.4 92.4 91.0 91.7 92.4 91.0
40.......................................................... 93.0 93.0 91.7 93.0 93.0 91.7
50.......................................................... 93.0 93.0 92.4 93.0 93.0 92.4
60.......................................................... 93.6 93.6 93.0 93.6 93.6 93.0
75.......................................................... 93.6 94.1 93.0 93.6 94.1 93.0
100......................................................... 94.1 94.1 93.0 94.1 94.5 93.6
125......................................................... 94.1 94.5 93.6 94.1 94.5 94.5
150......................................................... 94.5 95.0 93.6 95.0 95.0 94.5
200......................................................... 94.5 95.0 94.5 95.0 95.0 95.0]
----------------------------------------------------------------------------------------------------------------
(1) Standards.--
(A) General purpose electric motors--subtype i.--
(i) In general.--Except as otherwise provided
in this subparagraph, a general purpose
electric motor--subtype I with a power rating
of not less than 1, and not more than 200,
horsepower manufactured (alone or as a
component of another piece of equipment) after
the 3-year period beginning on the date of
enactment of this subparagraph, shall have a
nominal full load efficiency established in
Table 12-12 of National Electrical
Manufacturers Association (referred to in this
paragraph as `NEMA') MG-1 (2006).
(ii) Fire pump motors.--A fire pump motor
shall have a nominal full load efficiency
established in Table 12-11 of NEMA MG-1 (2006).
(B) General purpose electric motors--subtype ii.--A
general purpose electric motor--subtype II with a power
rating of not less than 1, and not more than 200,
horsepower manufactured (alone or as a component of
another piece of equipment) after the 3-year period
beginning on the date of enactment of this
subparagraph, shall have a nominal full load efficiency
established in Table 12-11 of NEMA MG-1 (2006).
(C) Design b, general purpose electric motors.--A
NEMA Design B, general purpose electric motor with a
power rating of not less than 201, and not more than
500, horsepower manufactured (alone or as a component
of another piece of equipment) after the 3-year period
beginning on the date of the enactment of this
subparagraph shall have a nominal full load efficiency
established in Table 12-11 of NEMA MG-1 (2006).
* * * * * * *
TEST PROCEDURES
Sec. 343. [(a)(1) The Secretary may conduct an evaluation
of a class of covered equipment and may prescribe test
procedures for such class in accordance with the provisions of
this section.]
(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.
* * * * * * *
ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION
Sec. 345. (a) The provisions of section 326(a), (b), and
(d), the provisions of subsections (l) through (s) of section
325, and section 327 through 336 shall apply with respect to
this part (other than the equipment specified in subparagraphs
(B), (C), (D), (E), and (F) of section 340(1)) to the same
extent and in the same manner as they apply in part B. In
applying such provisions for the purposes of this part--
* * * * * * *
(b)(1) The provisions of section 326(a), (b), and (d),
section 327(a), and sections 328 through 336 shall apply with
respect to the equipment specified in subparagraphs (B), (C),
(D), (E), and (F) of section 340(1) to the same extent and in
the same manner as they apply in part A. In applying such
provisions for the purposes of such equipment, paragraphs (1),
(2), (3), and (4) of subsection (a) shall apply.
(2)(A) A standard prescribed or established under section
342(a) shall, beginning on the effective date of such standard,
supersede any State or local regulation concerning the energy
efficiency or energy use of a product for which a standard is
prescribed or established pursuant to such section.
* * * * * * *
(E) Relationship to Certain State Regulations.--
Notwithstanding subparagraph (A), a standard prescribed or
established under section 342(a) with respect to the equipment
specified in subparagraphs (B), (C), (D), (H), (I), and (J) of
section 340 shall not supersede a State regulation that is
effective under the terms, conditions, criteria, procedures,
and other requirements of section 327(e).
* * * * * * *
GENERAL PROVISIONS
Sec. 365. (a) The Secretary may prescribe such rules as may
be necessary or appropriate to carry out his authority under
this part.
* * * * * * *
(f) For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for each of the
fiscal years 2006 and 2007 and $125,000,000 for [fiscal year
2008] each of fiscal years 2008 through 2012.
* * * * * * *
PART J--ENCOURAGING THE USE OF ALTERNATIVE FUELS
* * * * * * *
SEC. 400EE. STUDIES AND REPORTS.
* * * * * * *
SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
(a) Mandatory Reduction in Petroleum Consumption.--
(1) In general.--The Secretary shall issue
regulations (including provisions for waivers from the
requirements of this section) for Federal fleets
subject to section 400AA requiring that not later than
October 1, 2015, each Federal agency achieve at least a
20 percent reduction in petroleum consumption, and that
each Federal agency increase alternative fuel
consumption by 10 percent annually, as calculated from
the baseline established by the Secretary for fiscal
year 2005.
(2) Plan.--
(A) Requirement.--The regulations shall
require each Federal agency to develop a plan
to meet the required petroleum reduction levels
and the alternative fuel consumption increases.
(B) Measures.--The plan may allow an agency
to meet the required petroleum reduction level
through--
(i) the use of alternative fuels;
(ii) the acquisition of vehicles with
higher fuel economy, including hybrid
vehicles, neighborhood electric
vehicles, electric vehicles, and plug-
in hybrid vehicles if the vehicles are
commercially available;
(iii) the substitution of cars for
light trucks;
(iv) an increase in vehicle load
factors;
(v) a decrease in vehicle miles
traveled;
(vi) a decrease in fleet size; and
(vii) other measures.
(b) Federal Employee Incentive Programs for Reducing
Petroleum Consumption.--
(1) In general.--Each Federal agency shall actively
promote incentive programs that encourage Federal
employees and contractors to reduce petroleum usage
through the use of practices such as--
(A) telecommuting;
(B) public transit;
(C) carpooling; and
(D) bicycling.
(2) Monitoring and support for incentive programs.--
The Administrator of General Services, the Director of
the Office of Personnel Management, and the Secretary
of Energy shall monitor and provide appropriate support
to agency programs described in paragraph (1).
(3) Recognition.--The Secretary may establish a
program under which the Secretary recognizes private
sector employers and State and local governments for
outstanding programs to reduce petroleum usage through
practices described in paragraph (1).
(c) Replacement Tires.--
(1) In general.--Except as provided in paragraph (2),
the regulations issued under subsection (a)(1) shall
include a requirement that, to the maximum extent
practicable, each Federal agency purchase energy-
efficient replacement tires for the respective fleet
vehicles of the agency.
(2) Exceptions.--This section does not apply to--
(A) law enforcement motor vehicles;
(B) emergency motor vehicles; or
(C) motor vehicles acquired and used for
military purposes that the Secretary of Defense
has certified to the Secretary must be exempt
for national security reasons.
(d) Annual Reports on Compliance.--The Secretary shall
submit to Congress an annual report that summarizes actions
taken by Federal agencies to comply with this section.
----------
ENERGY CONSERVATION AND PRODUCTION ACT
Public Law 94-385, as amended
* * * * * * *
TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS
* * * * * * *
SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS.
(a)(1) In general.--* * *
(3)(A) Not later than 1 year after the date of enactment
of [this paragraph] the Energy Efficiency Promotion Act of
2007, the Secretary shall establish, by rule, revised Federal
building energy efficiency performance standards that require
that--
(i) if life-cycle cost-effective for new Federal
buildings--
(I) the buildings be designed to achieve
energy consumption levels that are at least 30
percent below the levels established in the
version of the ASHRAE Standard or the
International Energy Conservation Code, as
appropriate, that is in effect as of the date
of enactment of this paragraph; [and]
(II) the buildings be designed, to the extent
economically feasible and technically
practicable, so that the fossil fuel- generated
energy consumption of the buildings is reduced,
as compared with the fossil fuel-generated
energy consumption by a similar Federal
building in fiscal year 2003 (as measured by
Commercial Buildings Energy Consumption Survey
or Residential Energy Consumption Survey data
from the Energy Information Agency), by the
percentage specified in the following table:
Fiscal Year Percentage Reduction
2007.................................................... 50
2010.................................................... 60
2015.................................................... 70
2020.................................................... 80
2025.................................................... 90
2030.................................................... 100
; and''.
[(II)] (III) sustainable design principles
are applied to the siting, design, and
construction of all new and replacement
buildings; and
(ii) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost-
effective.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 422. For the purpose of carrying out the
weatherization program under this part, there are authorized to
be appropriated $500,000,000 for fiscal year 2006, $600,000,000
for fiscal year 2007, and [$700,000,000 for fiscal year 2008]
$750,000,000 for each of fiscal years 2008 through 2012.
----------
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978
Public Law 95-617, as amended
* * * * * * *
TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES
* * * * * * *
Subtitle B--Standards for Electric Utilities
SEC. 111. CONSIDERATION AND DETERMINATION RESPECTING CERTAIN RATEMAKING
STANDARDS.
(a) Consideration and Determination.--Each State regulatory
authority (with respect to each electric utility for which it
has ratemaking authority) and each nonregulated electric
utility shall consider each standard established by subsection
(d) and make a determination concerning whether or not it is
appropriate to implement such standard to carry out the
purposes of this title. For purposes of such consideration and
determination in accordance with subsections (b) and (c), and
for purposes of any review of such consideration and
determination in any court in accordance with section 123, the
purposes of this title supplement otherwise applicable State
law. Nothing in this subsection prohibits any State regulatory
authority or nonregulated electric utility from making any
determination that it is not appropriate to implement any such
standard, pursuant to its authority under otherwise applicable
State law.
* * * * * * *
(d) Establishment.--The following Federal standards are
hereby established--
* * * * * * *
(16) Integrated Resource Planning.--Each electric
utility shall--
(A) integrate energy efficiency resources
into utility, State, and regional plans; and
(B) adopt policies establishing cost-
effective energy efficiency as a priority
resource.
(17) Rate design modifications to promote energy
efficiency investments.--
(A) In general.--The rates allowed to be
charged by any electric utility shall--
(i) align utility incentives with the
delivery of cost-effective energy
efficiency; and
(ii) promote energy efficiency
investments.
(B) Policy options.--In complying with
subparagraph (A), each State regulatory
authority and each nonregulated utility shall
consider--
(i) removing the throughput incentive
and other regulatory and management
disincentives to energy efficiency;
(ii) providing utility incentives for
the successful management of energy
efficiency programs;
(iii) including the impact on
adoption of energy efficiency as 1 of
the goals of retail rate design,
recognizing that energy efficiency must
be balanced with other objectives;
(iv) adopting rate designs that
encourage energy efficiency for each
customer class; and
(v) allowing timely recovery of
energy efficiency-related costs.
* * * * * * *
TITLE III--RETAIL POLICIES FOR NATURAL GAS UTILITIES
* * * * * * *
SEC. 303. ADOPTION OF CERTAIN STANDARDS.
(a) Adoption of Standards.--Not later than 2 years after
the date of the enactment of this Act (or after the enactment
of the Energy Policy Act of 1992 in the case of standards under
paragraphs (3),1 and (4) of subsection (b)), each State
regulatory authority (with respect to each gas utility for
which it has ratemaking authority) and each nonregulated gas
utility shall provide public notice and conduct a hearing
respecting the standards established by subsection (b) and, on
the basis of such hearing, shall--
(1) adopt the standard established by subsection
(b)(1) if, and to the extent, such authority or
nonregulated utility determines that such adoption is
appropriate and is consistent with otherwise applicable
State law, and
(2) adopt the standards established by paragraphs
(2), (3) and (4) of subsection (b) if, and to the
extent, such authority or nonregulated utility
determines that such adoption is appropriate to carry
out the purposes of this title, is otherwise
appropriate, and is consistent with otherwise
applicable State law.
For purposes of any determination under paragraphs (1) and (2)
and any review of such determination in any court under section
307, the purposes of this title supplement State law. Nothing
in this subsection prohibits any State regulatory authority or
nonregulated utility from making any determination that it is
not appropriate to implement any such standard, pursuant to its
authority under otherwise applicable State law.
(b) Establishment.--The following Federal standards are
hereby established:
* * * * * * *
(5) Energy efficiency.--Each natural gas utility
shall--
(A) integrate energy efficiency resources
into the plans and planning processes of the
natural gas utility; and
(B) adopt policies that establish energy
efficiency as a priority resource in the plans
and planning processes of the natural gas
utility.
(6) Rate design modifications to promote energy
efficiency investments.--
(A) In general.--The rates allowed to be
charged by a natural gas utility shall align
utility incentives with the deployment of cost-
effective energy efficiency.
(B) Policy options.--In complying with
subparagraph (A), each State regulatory
authority and each nonregulated utility shall
consider--
(i) separating fixed-cost revenue
recovery from the volume of
transportation or sales service
provided to the customer;
(ii) providing to utilities
incentives for the successful
management of energy efficiency
programs, such as allowing utilities to
retain a portion of the cost-reducing
benefits accruing from the programs;
(iii) promoting the impact on
adoption of energy efficiency as 1 of
the goals of retail rate design,
recognizing that energy efficiency must
be balanced with other objectives; and
(iv) adopting rate designs that
encourage energy efficiency for each
customer class.
----------
NATIONAL ENERGY CONSERVATION POLICY ACT
Public Law 95-619, as amended
* * * * * * *
TITLE V--FEDERAL ENERGY INITIATIVES
* * * * * * *
PART 3--FEDERAL ENERGY MANAGEMENT
* * * * * * *
SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.
(a) Energy Performance Requirement for Federal Buildings.--
(1) Subject to paragraph (2), each agency shall apply energy
conservation measures to, and shall improve the design for the
construction of, the Federal buildings of the agency (including
each industrial or laboratory facility) so that the energy
consumption per gross square foot of the Federal buildings of
the agency in fiscal years 2006 through 2015 is reduced, as
compared with the energy consumption per gross square foot of
the Federal buildings of the agency in fiscal year 2003, by the
percentage specified in the following table:
[Fiscal Year Percentage reduction
2006.................................................... 2
2007.................................................... 4
2008.................................................... 6
2009.................................................... 8
2010.................................................... 10
2011.................................................... 12
2012.................................................... 14
2013.................................................... 16
2014.................................................... 18
2015.................................................... 20.]
Fiscal Year Percentage reduction
2006.................................................... 2
2007.................................................... 4
2008.................................................... 9
2009.................................................... 12
2010.................................................... 15
2011.................................................... 18
2012.................................................... 21
2013.................................................... 24
2014.................................................... 27
2015.................................................... 30.]
(f) Combined Heat and Power and District Energy
Installations at Federal Sites.--
(1) In general.--Not later than 18 months after the
date of enactment of this subsection, the Secretary, in
consultation with the Administrator of General Services
and the Secretary of Defense, shall identify Federal
sites that could achieve significant cost-effective
energy savings through the use of combined heat and
power or district energy installations.
(2) Information and technical assistance.--The
Secretary shall provide agencies with information and
technical assistance that will enable the agencies to
take advantage of the energy savings described in
paragraph (1).
(3) Energy performance requirements.--Any energy
savings from the installations described in paragraph
(1) may be applied to meet the energy performance
requirements for an agency under subsection (a)(1).
* * * * * * *
SEC. 546. INCENTIVES FOR AGENCIES.
* * * * * * *
(c) Utility Incentive Program.--(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 and generally available to customers of such
utilities.
* * * * * * *
[(5)(A) An amount equal to fifty percent of the energy and
water cost savings realized by an agency (other than the
Department of Defense) with respect to funds appropriated for
any fiscal year beginning after fiscal year 1992 (including
financial benefits resulting from energy savings performance
contracts under title VIII and utility energy efficiency
rebates) shall, subject to appropriation, remain available for
expenditure by such agency for additional energy efficiency
measures which may include related employee incentive programs,
particularly at those facilities at which energy savings were
achieved.
[(B) Agencies shall establish a fund and maintain strict
financial accounting and controls for savings realized and
expenditures made under this subsection. Records maintained
pursuant to this subparagraph shall be made available for
public inspection upon request.]
* * * * * * *
SEC. 548. REPORTS.
(a) Reports to the Secretary.--Each agency shall transmit a
report to the Secretary, at times specified by the Secretary
but at least annually, with complete information on its
activities under this part, including information on--
(1) the agency's progress in achieving the goals
established by section 543; and
(2) the procedures being used by the agency pursuant
to section 546(a)(2), the number of contracts entered
into by such agency under title VIII of this Act, the
energy and cost savings that have resulted from such
contracts and any termination penalty exposure, the use
of such cost savings under section 546(c), and any
problem encountered in entering into such contracts and
otherwise implementing section 546.
* * * * * * *
TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS
SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
(a) In General.--(1) The head of a Federal agency may enter
into contracts under this title solely for the purpose of
achieving energy savings and benefits ancillary to that
purpose. Each such contract may, notwithstanding any other
provision of law, be for a period not to exceed 25 years. Such
contract shall provide that the contractor shall incur costs of
implementing energy savings measures, including at least the
cost (if any) incurred in making energy audits, acquiring and
installing equipment, and training personnel, in exchange for a
share of any energy savings directly resulting from
implementation of such measures during the term of the
contract.
(2)(A) Contracts under this title shall be energy savings
performance contracts and shall require an annual energy audit
and specify the terms and conditions of any Government payments
and performance guarantees. Any such performance guarantee
shall provide that the contractor is responsible for
maintenance and repair services for any energy related
equipment, including computer software systems.
(B) Aggregate annual payments by an agency to both
utilities and energy savings performance contractors, under an
energy savings performance contract, may not exceed the amount
that the agency would have paid for utilities without an energy
savings performance contract (as estimated through the
procedures developed pursuant to this section) during contract
years. The contract shall provide for a guarantee of savings to
the agency, and shall establish payment schedules reflecting
such guarantee, taking into account any capital costs under the
contract.
(C) Federal agencies may incur obligations pursuant to such
contracts to finance energy conservation measures provided
guaranteed savings exceed the debt service requirements.
(D) A Federal agency may enter into a multiyear contract
under this title for a period not to exceed 25 years, without
funding of cancellation charges before cancellation, if--
(i) such contract was awarded in a competitive manner
pursuant to subsection (b)(2), using procedures and
methods established under this title;
(ii) funds are available and adequate for payment of
the costs of such contract for the first fiscal year;
and
[(iii) 30 days before the award of any such contract
that contains a clause setting forth a cancellation
ceiling in excess of $10,000,000, the head of such
agency gives written notification of such proposed
contract and of the proposed cancellation ceiling for
such contract to the appropriate authorizing and
appropriating committees of the Congress; and]
[(iv)] (iii) such contract is governed by part 17.1
of the Federal Acquisition Regulation promulgated under
section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421) or the applicable rules promulgated
under this title.
* * * * * * *
[(c) Sunset and Reporting Requirements.--The authority to
enter into new contracts under this section shall cease to be
effective on October 1, 2016.]
* * * * * * *
SEC. 804. DEFINITIONS.
For purposes of this title, the following definitions
apply:
* * * * * * *
(2) The term ``energy savings'' [means a reduction]
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--
[(A)] (i) the lease or purchase of
operating equipment, improvements,
altered operation and maintenance, or
technical services;
[(B)] (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
[(C)] (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;
(C) if otherwise authorized by Federal or
State law (including regulations), the sale or
transfer of electrical or thermal energy
generated on-site from renewable energy sources
or cogeneration, but in excess of Federal
needs, to utilities or non-Federal energy
users; and
(D) the increased efficient use of existing
water sources in interior or exterior
applications.
----------
THE ENERGY POLICY ACT OF 1992
Public Law 102-486; 106 Stat. 2776 et seq.
* * * * * * *
TITLE IV--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS
SEC. 406. LABELING REQUIREMENTS.
* * * * * * *
(a) Establishment of Requirements.--[The Federal Trade
Commission]
(1) In general.--The Federal Trade Commission, in
consultation with the Secretary, the Administrator of
the Environmental Protection Agency, and the Secretary
of Transportation, shall, within 18 months after the
date of enactment of this Act, issue a notice of
proposed rulemaking for a rule to establish uniform
labeling requirements, to the greatest extent
practicable, for alternative fuels and alternative
fueled vehicles, including requirements for appropriate
information with respect to costs and benefits, so as
to reasonably enable the consumer to make choices and
comparisons. Required labeling under the rule shall be
simple and, where appropriate, consolidated with other
labels providing information to the consumer. In
formulating the rule, the Federal Trade Commission
shall give consideration to the problems associated
with developing and publishing useful and timely cost
and benefit information, taking into account lead time,
costs, the frequency of changes in costs and benefits
that may occur, and other relevant factors. The
Commission shall obtain the views of affected
industries, consumer organizations, Federal and State
agencies, and others in formulating the rule. A final
rule shall be issued within 1 year after the notice of
proposed rulemaking is issued. Such rule shall be
updated periodically to reflect the most recent
available information.
(2) Fuel tank cap labeling requirement.--Beginning
with model year 2010, the fuel tank cap of each
alternative fueled vehicle manufactured for sale in the
United States shall be clearly labeled to inform
consumers that such vehicle can operate on alternative
fuel.
(b) Technical Assistance and Coordination.--The Secretary
shall provide technical assistance to the Federal Trade
Commission in developing labeling requirements under subsection
(a). The Secretary shall coordinate activities under this
section with activities under section 405.
* * * * * * *
----------
THE ENERGY POLICY ACT OF 2005
Public Law 109-58; 119 Stat. 594 et seq.
* * * * * * *
TITLE I--ENERGY EFFICIENCY
* * * * * * *
Subtitle B--Energy Assistance and State Programs
* * * * * * *
SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State''
means a State that meets the requirements of subsection
(b).
(2) Energy star program.--The term ``Energy Star
program'' means the program established by section 324A
of the Energy Policy and Conservation Act.
(3) Residential energy star product.--The term
``residential Energy Star product'' means a product for
a residence that is rated for energy efficiency under
the Energy Star program.
(4) State energy office.--The term ``State energy
office'' means the State agency responsible for
developing State energy conservation plans under
section 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322).
(5) State program.--The term ``State program'' means
a State energy efficient appliance rebate program
described in subsection (b)(1).
(b) Eligible States.--A State shall be eligible to receive
an allocation under subsection (c) if the State--
(1) establishes (or has established) a State energy
efficient appliance rebate program to provide rebates
to residential consumers for the purchase of
residential Energy Star products, or products with
improved energy efficiency in cold climates to replace
used appliances of the same type;
(2) submits an application for the allocation at such
time, in such form, and containing such information as
the Secretary may require; and
(3) provides assurances satisfactory to the Secretary
that the State will use the allocation to supplement,
but not supplant, funds made available to carry out the
State program.
(c) Amount of Allocations.--
(1) In general.--Subject to paragraph (2), for each
fiscal year, the Secretary shall allocate to the State
energy office of each eligible State to carry out
subsection (d) an amount equal to the product obtained
by multiplying the amount made available under
subsection (f) for the fiscal year by the ratio that
the population of the State in the most recent calendar
year for which data are available bears to the total
population of all eligible States in that calendar
year.
(2) Minimum allocations.--For each fiscal year, the
amounts allocated under this subsection shall be
adjusted proportionately so that no eligible State is
allocated a sum that is less than an amount determined
by the Secretary.
(d) Use of Allocated Funds.--The allocation to a State
energy office under subsection (c) may be used to pay up to 50
percent of the cost of establishing and carrying out a State
program.
(e) Issuance of Rebates.--Rebates may be provided to
residential consumers that meet the requirements of the State
program. The amount of a rebate shall be determined by the
State energy office, taking into consideration--
(1) the amount of the allocation to the State energy
office under subsection (c);
(2) the amount of any Federal or State tax incentive
available for the purchase of the residential Energy
Star product or product with improved energy efficiency
in a cold climate; and
(3) the difference between the cost of the
residential Energy Star product or product with
improved energy efficiency in a cold climate and the
cost of an appliance that is not a residential Energy
Star product or product with improved energy efficiency
in a cold climate, but is of the same type as, and is
the nearest capacity, performance, and other relevant
characteristics (as determined by the State energy
office) to, the residential Energy Star product or
product with improved energy efficiency in a cold
climate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of the fiscal years 2006 through 2010.
* * * * * * *
TITLE II--RENEWABLE ENERGY
Subtitle A--General Provisions
* * * * * * *
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:
[(1) Not less than 3 percent in fiscal years 2007
through 2009.
[(2) Not less than 5 percent in fiscal years 2010
through 2012.
[(3) Not less than 7.5 percent in fiscal year 2013
and each fiscal year thereafter.]
(a) Requirement.--
(1) In general.--The President, acting through the
Secretary, shall require that, to the extent
economically feasible and technically practicable, of
the total quantity of domestic electric energy the
Federal Government consumes during any fiscal year, the
following percentages shall be renewable energy from
facilities placed in service after January 1, 1999:
(A) Not less than 10 percent in fiscal year
2010.
(B) Not less than 15 percent in fiscal year
2015.
(2) Capitol complex.--The Architect of the Capitol,
in consultation with the Secretary, shall ensure that,
of the total quantity of electric energy the Capitol
complex consumes during any fiscal year, the
percentages prescribed in paragraph (1) shall be
renewable energy.
(3) Waiver authority.--The President may reduce or
waive the requirement under paragraph (1) on a fiscal-
year basis if the President determines that complying
with paragraph (1) for a fiscal year would result in--
(A) a negative impact on military training or
readiness activities conducted by the
Department of Defense;
(B) a negative impact on domestic
preparedness activities conducted by the
Department of Homeland Security; or
(C) a requirement that a Federal agency
provide emergency response services in the
event of a natural disaster or terrorist
attack.
(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.
(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) 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.
(e) Contracts for Renewable Energy From Public Utility
Services.--Notwithstanding section 501(b)(1)(B) of title 40,
United States Code, a contract for renewable energy from a
public utility service may be made for a period of not more
than 50 years.
* * * * * * *
TITLE VII--VEHICLES AND FUELS
* * * * * * *
Subtitle B--Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
PART 1--HYBRID VEHICLES
SEC. 711. HYBRID VEHICLES.
The Secretary shall accelerate efforts directed toward the
improvement of batteries and other rechargeable energy storage
systems, power electronics, hybrid systems integration, and
other technologies for use in hybrid vehicles.
SEC. 712. EFFICIENT HYBRID AND ADVANCED DIESEL VEHICLES.
(a) Program.--The Secretary shall establish a program to
encourage domestic production and sales of efficient hybrid and
advanced diesel vehicles. The program shall include [ grants to
automobile manufacturers ] grants and loan guarantees under
section 1703 to automobile manufacturers and suppliers to
encourage domestic production of efficient hybrid and advanced
diesel vehicles.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for carrying out this
section such sums as may be necessary for each of the fiscal
years 2006 through 2015.
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Energy Research,
Development, Demonstration, and Commercial Application Act of
2005''.
* * * * * * *
Subtitle A--Energy Efficiency
SEC. 911. ENERGY EFFICIENCY.
(a) In General.--
(1) Objectives.--The Secretary shall conduct programs
of energy efficiency research, development,
demonstration, and commercial application, including
activities described in this subtitle. Such programs
shall take into consideration the following objectives:
(A) Increasing the energy efficiency of
vehicles, buildings, and industrial processes.
(B) Reducing the demand of the United States
for energy, especially energy from foreign
sources.
(C) Reducing the cost of energy and making
the economy more efficient and competitive.
(D) Improving the energy security of the
United States.
(E) Reducing the environmental impact of
energy-related activities.
(2) Programs.--Programs under this subtitle shall
include research, development, demonstration, and
commercial application of--
(A) advanced, cost-effective technologies to
improve the energy efficiency and environmental
performance of vehicles, including--
(i) hybrid and electric propulsion
systems;
(ii) plug-in hybrid systems;
(iii) advanced combustion engines;
(iv) weight and drag reduction
technologies;
(v) whole-vehicle design
optimization; and
(vi) advanced drive trains;
(B) cost-effective technologies, for new
construction and retrofit, to improve the
energy efficiency and environmental performance
of buildings, using a whole-buildings approach,
including onsite renewable energy generation;
(C) advanced technologies to improve the
energy efficiency, environmental performance,
and process efficiency of energy-intensive and
waste-intensive industries; [and]
(D) advanced control devices to improve the
energy efficiency of electric motors, including
those used in industrial processes, heating,
ventilation, and cooling [.] ; and
(E) technologies to improve the energy
efficiency of appliances and mechanical systems
for buildings in cold climates, including
combined heat and power units and increased use
of renewable resources, including fuel.
* * * * * * *
Subtitle C--Renewable Energy
SEC. 931. RENEWABLE ENERGY.
(a) In General.--
(1) Objectives.--The Secretary shall conduct programs
of renewable energy research, development,
demonstration, and commercial application, including
activities described in this subtitle. Such programs
shall take into consideration the following objectives:
(A) Increasing the conversion efficiency of
all forms of renewable energy through improved
technologies.
(B) Decreasing the cost of renewable energy
generation and delivery.
(C) Promoting the diversity of the energy
supply.
(D) Decreasing the dependence of the United
States on foreign energy supplies.
(E) Improving United States energy security.
(F) Decreasing the environmental impact of
energy-related activities.
(G) Increasing the export of renewable
generation equipment from the United States.
(2) Programs.--
(A) Solar energy.--The Secretary shall
conduct a program of research, development,
demonstration, and commercial application for
solar energy, including--
(i) photovoltaics;
(ii) solar hot water and solar space
heating;
(iii) concentrating solar power;
(iv) lighting systems that integrate
sunlight and electrical lighting in
complement to each other in common
lighting fixtures for the purpose of
improving energy efficiency;
(v) manufacturability of low cost,
high quality solar systems; and
(vi) development of products that can
be easily integrated into new and
existing buildings.
(B) Wind energy.--The Secretary shall conduct
a program of research, development,
demonstration, and commercial application for
wind energy, including--
(i) low speed wind energy;
(ii) offshore wind energy;
(iii) testing and verification
(including construction and operation
of a research and testing facility
capable of testing wind turbines); and
(iv) distributed wind energy
generation.
(C) Geothermal.--The Secretary shall conduct
a program of research, development,
demonstration, and commercial application for
geothermal energy. The program shall focus on
developing improved technologies for reducing
the costs of geothermal energy installations,
including technologies for--
(i) improving detection of geothermal
resources;
(ii) decreasing drilling costs;
(iii) decreasing maintenance costs
through improved materials;
(iv) increasing the potential for
other revenue sources, such as mineral
production; and
(v) increasing the understanding of
reservoir life cycle and management.
(D) Hydropower.--The Secretary shall conduct
a program of research, development,
demonstration, and commercial application for
cost competitive technologies that enable the
development of new and incremental hydropower
capacity, adding to the diversity of the energy
supply of the United States, including:
(i) Fish-friendly large turbines.
(ii) Advanced technologies to enhance
environmental performance and yield
greater energy efficiencies.
(E) Miscellaneous projects.--The Secretary
shall conduct research, development,
demonstration, and commercial application
programs for--
(i) ocean energy, including wave
energy;
(ii) the combined use of renewable
energy technologies with one another
and with other energy technologies,
including the combined use of wind
power and coal gasification
technologies;
(iii) renewable energy technologies
for cogeneration of hydrogen and
electricity; and
(iv) kinetic hydro turbines.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out renewable
energy research, development, demonstration, and commercial
application activities, including activities authorized under
this subtitle--
(1) $632,000,000 for fiscal year 2007;
(2) $743,000,000 for fiscal year 2008; and
(3) $852,000,000 for fiscal year 2009.
(c) Bioenergy.--From the amounts authorized under
subsection (b), there are authorized to be appropriated to
carry out section 932--
(1) $213,000,000 for fiscal year 2007, of which
$100,000,000 shall be for section 932(d);
(2) [$251,000,000] $377,000,000 for fiscal year 2008,
of which $125,000,000 shall be for section 932(d); and
(3) [$274,000,000] $398,000,000 for fiscal year 2009,
of which $150,000,000 shall be for section 932(d).
* * * * * * *
Subtitle F--Fossil Energy
* * * * * * *
SEC. 963. CARBON CAPTURE [RESEARCH AND DEVELOPMENT] AND STORAGE
RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a 10-year
carbon capture [research and development] and storage research,
development, and demonstration program to develop carbon
dioxide [capture technologies on combustion-based systems]
capture and storage technologies related to energy systems 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) Objectives.--The objectives of the program under
subsection (a) 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; [and]
(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 geological
formations that will provide information on the cost
and feasibility of deployment of sequestration
technologies.
[(c) Authorization of Appropriations.--From amounts
authorized under section 961(b), the following sums are
authorized for activities described in subsection (a)(2):
[(1) $25,000,000 for fiscal year 2006;
[(2) $30,000,000 for fiscal year 2007; and
[(3) $35,000,000 for fiscal year 2008.]
(c) Programmatic Activities.--
(1) Energy research and development underlying carbon
capture and storage technologies and carbon use
activities.--
(A) In general.--The Secretary shall carry
out fundamental science and engineering
research (including laboratory-scale
experiments, numeric modeling, and simulations)
to develop and document the performance of new
approaches to capture and store, recycle, or
reuse carbon dioxide.
(B) Program integration.--The Secretary shall
ensure that fundamental research carried out
under this paragraph is appropriately applied
to energy technology development activities,
the field testing of carbon sequestration, and
carbon use activities, including--
(i) development of new or improved
technologies for the capture of carbon
dioxide;
(ii) development of new or improved
technologies that reduce the cost and
increase the efficacy of the
compression of carbon dioxide required
for the storage of carbon dioxide;
(iii) modeling and simulation of
geological sequestration field
demonstrations;
(iv) quantitative assessment of risks
relating to specific field sites for
testing of sequestration technologies;
and
(v) research and development of new
and improved technologies for carbon
use, including recycling and reuse of
carbon dioxide.
(2) Carbon capture demonstration project.--
(A) In general.--The Secretary shall carry
out a demonstration of large-scale carbon
dioxide capture from an appropriate
gasification facility selected by the
Secretary.
(B) Link to storage activities.--The
Secretary may require the use of carbon dioxide
from the project carried out under subparagraph
(A) in a field testing validation activity
under this section.
(3) Field validation testing activities.--
(A) In general.--The Secretary shall promote,
to the maximum extent practicable, regional
carbon sequestration partnerships to conduct
geologic sequestration tests involving carbon
dioxide injection and monitoring, mitigation,
and verification operations in a variety of
candidate geological settings, including--
(i) operating oil and gas fields;
(ii) depleted oil and gas fields;
(iii) unmineable coal seams;
(iv) deep saline formations;
(v) deep geological systems that may
be used as engineered reservoirs to
extract economical quantities of heat
from geothermal resources of low
permeability or porosity; and
(vi) deep geologic systems containing
basalt formations.
(B) Objectives.--The objectives of tests
conducted under this paragraph shall be--
(i) to develop and validate
geophysical tools, analysis, and
modeling to monitor, predict, and
verify carbon dioxide containment;
(ii) to validate modeling of
geological formations;
(iii) to refine storage capacity
estimated for particular geological
formations;
(iv) to determine the fate of carbon
dioxide concurrent with and following
injection into geological formations;
(v) to develop and implement best
practices for operations relating to,
and monitoring of, injection and
storage of carbon dioxide in geologic
formations;
(vi) to assess and ensure the safety
of operations related to geological
storage of carbon dioxide; and
(vii) to allow the Secretary to
promulgate policies, procedures,
requirements, and guidance to ensure
that the objectives of this
subparagraph are met in large-scale
testing and deployment activities for
carbon capture and storage that are
funded by the Department of Energy.
(4) Large-scale testing and deployment.--
(A) In general.--The Secretary shall conduct
not less than 7 initial large-volume
sequestration tests for geological containment
of carbon dioxide (at least 1 of which shall be
international in scope) to validate information
on the cost and feasibility of commercial
deployment of technologies for geological
containment of carbon dioxide.
(B) Diversity of formations to be studied.--
In selecting formations for study under this
paragraph, the Secretary shall consider a
variety of geological formations across the
United States, and require characterization and
modeling of candidate formations, as determined
by the Secretary.
(5) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989,
the Secretary shall give preference to proposals from
partnerships among industrial, academic, and government
entities.
(6) Cost sharing.--Activities under this subsection
shall be considered research and development activities
that are subject to the cost-sharing requirements of
section 988(b).
(7) Program review and report.--During fiscal year
2011, the Secretary shall--
(A) conduct a review of programmatic
activities carried out under this subsection;
and
(B) make recommendations with respect to
continuation of the activities.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $150,000,000 for fiscal year 2008;
(2) $200,000,000 for fiscal year 2009;
(3) $200,000,000 for fiscal year 2010;
(4) $180,000,000 for fiscal year 2011; and
(5) $165,000,000 for fiscal year 2012.
* * * * * * *
Subtitle G--Science
SEC. 977. SYSTEMS BIOLOGY PROGRAM.
(a) Program.--
(1) Establishment.--The Secretary shall establish a
research, development, and demonstration program in
microbial and plant systems biology, protein science,
and computational biology to support the energy,
national security, and environmental missions of the
Department, including the establishment of at least 11
bioresearch centers of varying sizes, as appropriate,
that focus on biofuels, of which at least 2 centers
shall be located in each of the 4 Petroleum
Administration for Defense Districts with no
subdistricts and 1 center shall be located in each of
the subdistricts of the Petroleum Administration for
Defense District with subdistricts.
* * * * * * *
TITLE XI--PERSONNEL AND TRAINING
SEC. 1101. WORKFORCE TRENDS AND TRAINEESHIP GRANTS.
(a) Definitions.--In this section:
(1) 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) 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.
(b) Workforce Trends.--
(1) Monitoring.--The Secretary, in consultation with,
and using data collected by, the Secretary of Labor,
shall monitor trends in the workforce of--
(A) skilled technical personnel that support
energy technology industries; and
(B) electric power and transmission
engineers.
(2) Report on trends.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall
submit to Congress a report on current trends under
paragraph (1), with recommendations (as appropriate) to
meet the future labor requirements for the energy
technology industries.
(3) Report on shortage.--As soon as practicable after
the date on which the Secretary identifies or predicts
a significant national shortage of skilled technical
personnel in one or more energy technology industries,
the Secretary shall submit to Congress a report
describing the shortage.
(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) Workforce Training.--
(1) In general.--The Secretary, in cooperation with
the Secretary of Labor, shall promulgate regulations to
implement a program to provide workforce training to
meet the high demand for workers skilled in the energy
efficiency and renewable energy industries.
(2) Consultation.--In carrying out this subsection,
the Secretary shall consult with representatives of the
energy efficiency and renewable energy industries
concerning skills that are needed in those industries.
[(d)] (e) 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.
In this title:
(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 plant; or
(ii) a project for which the Secretary
approved a loan guarantee.
(2) Cost.--The term ``cost'' has the meaning given the term
``cost of a loan guarantee'' within the meaning of section
502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C)).
(3) Eligible project.--The term ``eligible project'' means
a project described in section 1703.
(4) Guarantee.--
(A) In general.--The term ``guarantee'' has the
meaning given the term ``loan guarantee'' in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a).
(B) Inclusion.--The term ``guarantee'' includes a
loan guarantee commitment (as defined in section 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
(5) Obligation.--The term ``obligation'' means the loan or
other debt obligation that is guaranteed under this section.
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 Conttribution.--
(1) In general.--No guarantee shall be made unless--
(A) an appropriation for the cost has been
made; or
(B) the Secretary has received from the
borrower a payment in full for the cost of the
obligation and deposited the payment into the
Treasury.
(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 made in
accordance with paragraph (1)(B).
[(c) Amount.--Unless otherwise provided by law, a guarantee
by the Secretary shall not exceed an amount equal to 80 percent
of the project cost of the facility that is the subject of the
guarantee, as estimated at the time at which the guarantee is
issued.]
(c) Amount.--
(1) In general.--Subject to paragraph (2), the
Secretary shall guarantee up to 100 percent of the
principal and interest due on 1 or more loans for a
facility that are the subject of the guarantee.
(2) Limitation.--The total amount of loans guaranteed
for a facility by the Secretary shall not exceed 80
percent of the total cost of the facility, as estimated
at the time at which the guarantee is issued.
(d) Repayment.--
(1) In general.--No guarantee shall be made unless
the Secretary determines that there is reasonable
prospect of repayment of the principal and interest on
the obligation by the borrower.
(2) Amount.--No guarantee shall be made unless the
Secretary determines that the amount of the obligation
(when combined with amounts available to the borrower
from other sources) will be sufficient to carry out the
project.
(3) Subordination.--The obligation shall be subject
to the condition that the obligation is not subordinate
to other financing.
(e) Interest Rate.--An obligation shall bear interest at a
rate that does not exceed a level that the Secretary determines
appropriate, taking into account the prevailing rate of
interest in the private sector for similar loans and risks.
(f) Term.--The term of an obligation shall require full
repayment over a period not to exceed the lesser of--
(1) 30 years; or
(2) 90 percent of the projected useful life of the
physical asset to be financed by the obligation (as
determined by the Secretary).
(g) Defaults.--
(1) Payment by secretary.--
(A) In general.--If a borrower defaults on
the obligation (as defined in regulations
promulgated by the Secretary and specified in
the guarantee contract), the holder of the
guarantee shall have the right to demand
payment of the unpaid amount from the
Secretary.
[(B) Payment required.--Within such period as
may be specified in the guarantee or related
agreements, the Secretary shall pay to the
holder of the guarantee the unpaid interest on,
and unpaid principal of the obligation as to
which the borrower has defaulted, unless the
Secretary finds that there was no default by
the borrower in the payment of interest or
principal or that the default has been
remedied.]
[(C)] (B) Forbearance.--Nothing in this
subsection precludes any forbearance by the
holder of the obligation for the benefit of the
borrower which may be agreed upon by the
parties to the obligation and approved by the
Secretary.
(2) Subrogation.--
(A) In general.--If the Secretary makes a
payment under paragraph (1), the Secretary
shall be subrogated to the rights of the
recipient of the payment as specified in the
guarantee or related agreements including,
where appropriate, the authority
(notwithstanding any other provision of law)
to--
(i) complete, maintain, operate,
lease, or otherwise dispose of any
property acquired pursuant to such
guarantee or related agreements; or
(ii) permit the borrower, pursuant to
an agreement with the Secretary, to
continue to pursue the purposes of the
project if the Secretary determines
this to be in the public interest.
(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.
(3) Payment of principal and interest by secretary.--
With respect to any obligation guaranteed under this
section, the Secretary may enter into a contract to
pay, and pay, holders of the obligation, for and on
behalf of the borrower, from funds appropriated for
that purpose, the principal and interest payments which
become due and payable on the unpaid balance of the
obligation if the Secretary finds that--
(A)(i) the borrower is unable to meet the
payments and is not in default;
(ii) it is in the public interest to permit
the borrower to continue to pursue the purposes
of the project; and
(iii) the probable net benefit to the Federal
Government in paying the principal and interest
will be greater than that which would result in
the event of a default;
(B) the amount of the payment that the
Secretary is authorized to pay shall be no
greater than the amount of principal and
interest that the borrower is obligated to pay
under the agreement being guaranteed; and
(C) the borrower agrees to reimburse the
Secretary for the payment (including interest)
on terms and conditions that are satisfactory
to the Secretary.
(4) Action by attorney general.--
(A) Notification.--If the borrower defaults
on an obligation, the Secretary shall notify
the Attorney General of the default.
(B) Recovery.--On notification, the Attorney
General shall take such action as is
appropriate to recover the unpaid principal and
interest due from--
(i) such assets of the defaulting
borrower as are associated with the
obligation; or
(ii) any other security pledged to
secure the obligation.
(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 into a
special fund in the Treasury to be known as the
`Incentives For Innovative Technologies Fund';
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.
(i) Records; Audits.--
(1) In general.--A recipient of a guarantee shall
keep such records and other pertinent documents as the
Secretary shall prescribe by regulation, including such
records as the Secretary may require to facilitate an
effective audit.
(2) Access.--The Secretary and the Comptroller
General of the United States, or their duly authorized
representatives, shall have access, for the purpose of
audit, to the records and other pertinent documents.
(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.
SEC. 1703. ELIGIBLE PROJECTS.
(a) In General.--The Secretary may make guarantees under
this section only for projects that--
(1) avoid, reduce, or sequester air pollutants or
anthropogenic emissions of greenhouse gases; and
(2) employ new or significantly improved technologies
as compared to commercial technologies in service in
the United States at the time the guarantee is issued.
(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 fuel efficient
vehicles, including hybrid and advanced diesel
vehicles.
(9) Pollution control equipment.
(10) Refineries, meaning facilities at which crude
oil is refined into gasoline.
(c) Gasification Projects.--The Secretary may make
guarantees for the following gasification projects:
(1) Integrated gasification combined cycle
projects.--Integrated gasification combined cycle
plants meeting the emission levels under subsection
(d), including--
(A) projects for the generation of
electricity--
(i) for which, during the term of the
guarantee--
(I) coal, biomass, petroleum
coke, or a combination of coal,
biomass, and petroleum coke
will account for at least 65
percent of annual heat input;
and
(II) electricity will account
for at least 65 percent of net
useful annual energy output;
(ii) that have a design that is
determined by the Secretary to be
capable of accommodating the equipment
likely to be necessary to capture the
carbon dioxide that would otherwise be
emitted in flue gas from the plant;
(iii) that have an assured revenue
stream that covers project capital and
operating costs (including servicing
all debt obligations covered by the
guarantee) that is approved by the
Secretary and the relevant State public
utility commission; and
(iv) on which construction commences
not later than the date that is 3 years
after the date of the issuance of the
guarantee;
(B) a project to produce energy from coal (of
not more than 13,000 Btu/lb and mined in the
western United States) using appropriate
advanced integrated gasification combined cycle
technology that minimizes and offers the
potential to sequester carbon dioxide emissions
and that--
(i) may include repowering of
existing facilities;
(ii) may be built in stages;
(iii) shall have a combined output of
at least 100 megawatts;
(iv) shall be located in a western
State at an altitude greater than 4,000
feet; and
(v) shall demonstrate the ability to
use coal with an energy content of not
more than 9,000 Btu/lb;
(C) a project located in a taconite-producing
region of the United States that is entitled
under the law of the State in which the plant
is located to enter into a long-term contract
approved by a State public utility commission
to sell at least 450 megawatts of output to a
utility;
(D) facilities that--
(i) generate one or more hydrogen-
rich and carbon monoxide-rich product
streams from the gasification of coal
or coal waste; and
(ii) use those streams to facilitate
the production of ultra clean premium
fuels through the Fischer-Tropsch
process; and
(E) a project to produce energy and clean
fuels, using appropriate coal liquefaction
technology, from Western bituminous or
subbituminous coal, that--
(i) is owned by a State government;
and
(ii) may include tribal and private
coal resources.
(2) Industrial gasification projects.--Facilities
that gasify coal, biomass, or petroleum coke in any
combination to produce synthesis gas for use as a fuel
or feedstock and for which electricity accounts for
less than 65 percent of the useful energy output of the
facility.
(3) Petroleum coke gasification projects.--The
Secretary is encouraged to make loan guarantees under
this title available for petroleum coke gasification
projects.
(4) Liquefaction project.--Notwithstanding any other
provision of law, funds awarded under the clean coal
power initiative under subtitle A of title IV for coal-
to-oil liquefaction projects may be used to finance the
cost of loan guarantees for projects awarded such
funds.
(d) Emission Levels.--In addition to any other applicable
Federal or State emission limitation requirements, a project
shall attain at least--
(1) total sulfur dioxide emissions in flue gas from
the project that do not exceed 0.05 lb/MMBtu;
(2) a 90-percent removal rate (including any fuel
pretreatment) of mercury from the coal-derived gas, and
any other fuel, combusted by the project;
(3) total nitrogen oxide emissions in the flue gas
from the project that do not exceed 0.08 lb/MMBtu; and
(4) total particulate emissions in the flue gas from
the project that do not exceed 0.01 lb/MMBtu.
(e) Qualification of Facilities Receiving Tax Credits.--A
project that receives tax credits for clean coal technology
shall not be disqualified from receiving a guarantee under this
title.
(f) Renewable Fuel Facilities.--
(1) In general.--The Secretary may make guarantees
under this title for projects that produce advanced
biofuel (as defined in section 102 of the Biofuels for
Energy Security and Transportation Act of 2007).
(2) Requirements.--A project under this subsection
shall employ new or significantly improved technologies
for the production of renewable fuels as compared to
commercial technologies in service in the United States
at the time that the guarantee is issued.
(3) Issuance of first loan guarantees.--The
requirement of section 20320(b) of division B of the
Continuing Appropriations Resolution, 2007 (Public Law
109-289, Public Law 110-5), relating to the issuance of
final regulations, shall not apply to the first 6
guarantees issued under this subsection.
(4) Project design.--A project for which a guarantee
is made under this subsection shall have a project
design that has been validated through the operation of
a continuous process pilot facility with an annual
output of at least 50,000 gallons of ethanol or the
energy equivalent volume of other advanced biofuels.
(5) Maximum guaranteed principal.--The total
principal amount of a loan guaranteed under this
subsection may not exceed $250,000,000 for a single
facility.
(6) Amount of guarantee.--The Secretary shall
guarantee 100 percent of the principal and interest due
on 1 or more loans made for a facility that is the
subject of the guarantee under paragraph (3).
(7) Deadline.--The Secretary shall approve or
disapprove an application for a guarantee under this
subsection not later than 90 days after the date of
receipt of the application.
(8) Report.--Not later than 30 days after approving
or disapproving an application under paragraph (7), the
Secretary shall submit to Congress a report on the
approval or disapproval (including the reasons for the
action).
* * * * * * *
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CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT
Public Law 101-626, as amended
* * * * * * *
SEC. 109. ENERGY EFFICIENCY STANDARDS.
(a) Establishment.--
(1) In general.--The Secretary of Housing and Urban
Development and the Secretary of Agriculture shall, not
later than September 30, 2006, jointly establish, by
rule, energy efficiency standards for--
(A) new construction of public and assisted
housing and single family and multifamily
residential housing (other than manufactured
homes) subject to mortgages insured under the
National Housing Act;
(B) new construction of single family housing
(other than manufactured homes) subject to
mortgages insured, guaranteed, or made by the
Secretary of Agriculture under title V of the
Housing Act of 1949; and
(C) rehabilitation and new construction of
public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the
United States Housing Act of 1937 [, where such
standards are determined to be cost effective
by the Secretary of Housing and Urban
Development].
(2) Contents.--Such standards shall meet or exceed the
requirements of [the Council of American Building Officials
Model Energy Code, 1992] 2006 International Energy Conservation
Code, (hereafter in this section referred to as ``[CABO Model
Energy Code, 1992] the 2006 IECC'') or, in the case of
multifamily high rises, the requirements of the American
Society of Heating, Refrigerating, and Air-Conditioning
Engineers Standard 90.1 [1989] 2004 (hereafter in this section
referred to as ``ASHRAE Standard 90.1 [1989] 2004'') [, and,
with respect to rehabilitation and new construction of public
and assisted housing funded by HOPE VI revitalization grants
under section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), the 2003 International Energy Conservation
Code], and shall be cost-effective with respect to construction
and operating costs on a life-cycle cost basis. In developing
such standards, the Secretaries shall consult with an advisory
task force composed of homebuilders, national, State, and local
housing agencies (including public housing agencies), energy
agencies, building code organizations and agencies, energy
efficiency organizations, utility organizations, low-income
housing organizations, and other parties designated by the
Secretaries.
(b) [Model Energy Code.--] International Energy
Conservation Code.--If the Secretaries have not, by September
30, 2006, established energy efficiency standards under
subsection (a), all new construction and rehabilitation of
housing specified in such subsection shall meet the
requirements of [CABO Model Energy Code, 1992] the 2006 IECC,
or, in the case of multifamily high rises, the requirements of
ASHRAE Standard 90.1 [1989] 2004. [, and, with respect to
rehabilitation and new construction of public and assisted
housing funded by HOPE VI revitalization grants under section
24 of the United States Housing Act of 1937 (42 U.S.C. 1437v),
the 2003 International Energy Conservation Code.]
(c) Revisions of [Model Energy Code and] the International
Energy Conservation Code.--If the requirements of [CABO Model
Energy Code, 1992] the 2006 IECC, or, in the case of
multifamily high rises, ASHRAE Standard 90.1 [1989] 2004 [ ,
or, with respect to rehabilitation and new construction of
public and assisted housing funded by HOPE VI revitalization
grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy
Conservation Code], are revised at any time, the Secretaries
shall, not later than 1 year after such revision, amend the
standards established under subsection (a) to meet or exceed
the requirements of such revised code or standard unless the
Secretaries determine that compliance with such revised code or
standard would not result in a significant increase in energy
efficiency or would not be technologically feasible or
economically justified.
(d) Failure To Amend the Standards.--If the Secretaries
have not, within 1 year after the requirements of the 2006 IECC
or the ASHRAE Standard 90.1-2004 are revised, amended the
standards or made a determination under subsection (c) of this
section, and if the Secretary of Energy has made a
determination under section 304 of the Energy Conservation and
Production Act (42 U.S.C. 6833) that the revised code or
standard would improve energy efficiency, all new construction
and rehabilitation of housing specified in subsection (a) shall
meet the requirements of the revised code or standard.
TITLE 10, UNITED STATES CODE
* * * * * * *
CHAPTER 173--ENERGY SECURITY
* * * * * * *
SUBCHAPTER I--ENERGY SECURITY ACTIVITIES
* * * * * * *
SEC. 2913. ENERGY SAVINGS CONTRACTS AND ACTIVITIES.
* * * * * * *
[(e) Congressional notification of cancellation ceiling for
energy savings performance contracts. When a decision is made
to award an energy savings performance contract that contains a
clause setting forth a cancellation ceiling in excess of
$7,000,000, the Secretary of Defense shall submit to the
appropriate committees of Congress written notification of the
proposed contract and of the proposed cancellation ceiling for
the contract. The notification shall include the justification
for the proposed cancellation ceiling. The contract may then be
awarded only after the end of the 30-day period beginning on
the date the notification is received by such committees or, if
earlier, the end of the 15-day period beginning on the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title.]