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HR 2809 IH
To ensure that the United States leads the world baseline in developing and manufacturing next generation energy technologies, to grow the economy of the United States, to create new highly trained, highly skilled American jobs, to eliminate American overdependence on foreign oil, and to address the threat of global warming.
June 21, 2007
Mr. INSLEE (for himself, Mr. VAN HOLLEN, Mr. LANGEVIN, Mr. HONDA, Mr. SMITH of Washington, Mr. SCHIFF, Mr. DELAHUNT, Mr. ELLISON, Ms. BALDWIN, Mr. HINCHEY, Mr. FATTAH, Mr. ISRAEL, Mr. JEFFERSON, Mr. EMANUEL, Mr. DAVIS of Illinois, Ms. LEE, Mr. SHAYS, and Mr. WEINER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Rules, Ways and Means, Education and Labor, Foreign Affairs, Judiciary, Financial Services, Science and Technology, Oversight and Government Reform, Natural Resources, Agriculture, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To ensure that the United States leads the world baseline in developing and manufacturing next generation energy technologies, to grow the economy of the United States, to create new highly trained, highly skilled American jobs, to eliminate American overdependence on foreign oil, and to address the threat of global warming.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `New Apollo Energy Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FINDINGS AND PERFORMANCE GOALS
Sec. 101. Findings.
Sec. 102. Performance goals.
TITLE II--EFFICIENCY
Subtitle A--Green Buildings
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Coordinating agency.
Sec. 205. Public education and training.
Sec. 206. Blue ribbon panel.
Sec. 207. Research and development report.
Sec. 208. Greenhouse gas emission standards.
Sec. 209. Study of use of FHA energy efficient mortgage program.
Sec. 210. Healthy, high-performance schools.
Sec. 211. Loan guarantees for public institutions of higher education.
Sec. 212. Accountability of Federal agencies.
Sec. 213. State and local government block grants.
Sec. 214. Authorization of appropriations.
Sec. 215. Increase and extension of energy efficient commercial buildings deduction.
Subtitle B--Consumer Assistance
Sec. 221. Appliance standards.
Sec. 222. Energy Star certification for solar water heaters and tankless water heaters.
Subtitle C--Tax Provision
Sec. 231. Energy credit for combined heat and power system property.
TITLE III--TRANSPORTATION SECTOR
Sec. 301. Performance goals.
Subtitle A--Plug-In Hybrid Electric Vehicles
Sec. 311. Short title.
Sec. 312. Definition.
Sec. 313. Research and development grants.
Sec. 314. Pilot project.
Sec. 315. Test site.
Sec. 316. Plan.
Sec. 317. Plug-in hybrid motor vehicle tax credit.
Subtitle B--Increase Ridership of Public Transportation
Sec. 321. Increased uniform dollar limitation for all types of transportation fringe benefits.
Sec. 322. Credit for employer costs of providing certain mass transportation fringe benefits to their employees.
Sec. 323. Clarification of Federal employee benefits.
Sec. 324. Extension of transportation fringe benefit to bicycle commuters.
Subtitle C--Emissions Reductions and Oil Savings
Chapter 1--Biofuels Security
Sec. 331. Short title.
subchapter a--renewable fuels
Sec. 341. Renewable fuel program.
Sec. 342. Installation of e-85 fuel pumps by major oil companies at owned stations and branded stations.
Sec. 343. Minimum Federal fleet requirement.
Sec. 344. Application of Gasohol Competition Act of 1980.
subchapter b--dual fueled automobiles
Sec. 351. Requirement to manufacture dual fueled automobiles.
Sec. 352. Manufacturing incentives for dual fueled automobiles.
Chapter 2--Emissions Reductions
Sec. 361. Extension of biodiesel tax credits.
Sec. 362. Low carbon fuel standard.
Sec. 363. Loan guarantee program to demonstrate low carbon renewable fuel.
Sec. 364. Require automakers to reduce tailpipe GHG emissions.
Sec. 365. Elimination of 2-FLEET rule.
TITLE IV--ELECTRICITY SECTOR
Subtitle A--Tax Incentives
Sec. 401. Extension through 2018 for placing qualified facilities in service for producing renewable electric energy.
Sec. 402. Extension of energy credit.
Sec. 403. Expansion and modification of renewable resource credit.
Sec. 404. Energy credit for small wind, small geothermal, small biomass, and small kinetic hydropower.
Sec. 405. Modifications for clean renewable energy bonds.
Sec. 406. Expansion and increase for residential energy efficient property credit.
Sec. 407. Expansion of renewable resource credit to include thermal energy.
Subtitle B--Promoting Energy Efficient Investments
Sec. 411. Rate modifications promoting energy efficiency investments.
Sec. 412. Feed-in tariff system study.
Subtitle C--National Renewable Energy Zones
Sec. 421. New electricity transmission lines designed primarily to carry electricity from renewable energy resources.
Sec. 422. Short title.
Sec. 423. Findings.
Sec. 424. National renewable energy zones.
Sec. 425. Federal Power Marketing Administrations and TVA.
Sec. 426. Consistency with environmental laws.
Subtitle D--Net Metering
Sec. 431. Establishing minimum net metering and interconnection standards.
Sec. 432. Retail electric and gas utility efficiency policies.
Subtitle E--Renewable Portfolio Standard
Sec. 441. Renewable portfolio standard.
Subtitle F--Marine and Hydrokinetic Renewable Energy Promotion
Sec. 451. Short title.
Sec. 452. Definition.
Sec. 453. Research and development.
Sec. 454. Adaptive Management and Environmental Fund.
Sec. 455. Programmatic environmental impact statement.
Subtitle G--Carbon Capture and Sequestration
Sec. 461. Carbon capture and storage research, development, and demonstration program.
TITLE V--GREEN WORKFORCE
Subtitle A--Small Manufacturer Assistance
Sec. 501. Small manufacturer assistance through Hollings Manufacturing Extension Partnership Program.
Subtitle B--Green Workforce Education Incentives
Sec. 511. National Green Certification Standards.
Sec. 512. Environmentally literate workforce grant program.
Sec. 513. Carbon neutrality grants in institutions of higher educations.
Sec. 514. National green ranking system grant.
Sec. 515. Green building and zero-energy home design training grants.
Sec. 516. Student loan forgiveness for green workforce members.
Sec. 517. Definitions.
TITLE VI--FEDERAL GOVERNMENT LEVERAGE TO MOVE NEW TECHNOLOGIES TO MARKET
Subtitle A--Incentives for Clean Energy Technology
Sec. 601. New Energy Technologies Commission.
Sec. 602. Loan Guarantees Program.
Sec. 603. Grant Program to Create Clean Energy Business Districts.
Subtitle B--Clean Energy Exports and International Investment
Sec. 611. Clean energy technology exports program.
Sec. 612. International energy technology deployment program.
Subtitle C--Export-Import Bank
Sec. 621. Require the Export-Import Bank of the United States to meet renewable energy targets in its lending practices.
Sec. 622. Increase in the amount of financing made available by the Export-Import Bank for transactions involving renewable energy and energy efficiency.
Sec. 623. Office of renewable energy promotion.
Sec. 624. Report on Export-Import Bank financing for transactions involving renewable energy or energy efficiency.
Sec. 625. Report on effect of Export-Import Bank financing on greenhouse gas emissions.
Subtitle D--Emerging Clean Energy Technology Venture Capital Fund
Sec. 631. Findings.
Sec. 632. Establishment of fund.
Sec. 633. Authorization of appropriations.
TITLE VII--GREENHOUSE GAS REDUCTIONS
Subtitle A--Global Climate Change
Sec. 701. Global climate change.
Subtitle B--Climate Change Research Initiatives
Sec. 711. Research grants through National Science Foundation.
Sec. 712. Abrupt climate change research.
Sec. 713. Development of new measurement technologies.
Sec. 714. Technology development and diffusion.
Sec. 715. Public land.
Sec. 716. Sea level rise from polar ice sheet melting.
TITLE VIII--OFFSETS
Subtitle A--Denial of Oil and Gas Tax Benefits
Sec. 801. Short title.
Sec. 802. Denial of deduction for income attributable to domestic production of oil, natural gas, or primary products thereof.
Sec. 803. 7-year amortization of geological and geophysical expenditures for certain major integrated oil companies.
Subtitle B--Royalties Under Offshore Oil and Gas Leases
Sec. 811. Short title.
Sec. 812. Price thresholds for royalty suspension provisions.
Sec. 813. Clarification of authority to impose price thresholds for certain lease sales.
Sec. 814. Eligibility for new leases and the transfer of leases; conservation of resources fees.
Sec. 815. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry.
Subtitle C--Strategic Energy Efficiency and Renewable Reserve
Sec. 821. Strategic Energy Efficiency and Renewables Reserve for investments in renewable energy and energy efficiency.
TITLE I--FINDINGS AND PERFORMANCE GOALS
SEC. 101. FINDINGS.
Congress finds the following:
(1) A bold new national energy plan can lead to a surge of investment in, development of, and deployment of clean energy and energy efficient technologies that would result in the creation of millions of highly-trained manufacturing and technical jobs throughout the United States economy.
(2) Climate change, national security and energy dependence are a related set of global challenges.
(3) The United States currently relies on oil for over 95 percent of its transportation fuel needs.
(4) The United States currently imports 60 percent of the oil it consumes and consumes about one fourth of the world's daily oil production.
(5) A major portion of the world's oil supply is controlled by unstable governments and countries that are known to finance, harbor, or otherwise support terrorism and terrorist activities.
(6) Since World War II, the United States has made significant expenditures of American taxpayer dollars in attempts to stabilize governments and protect United States interests in the Middle East.
(7) Countries such as Japan, Germany, Denmark, and Great Britain lead the United States in manufacturing alternative energy technologies that both decrease reliance on fossil fuels and do not contribute to global warming.
(8) The United States has led the world in the development of a wide array of technological advances and is now poised to lead the world, using its unique national genius for innovation, in the development of a host of new energy technologies.
(9) Development of renewable energy resources in the United States offers a substantial opportunity for economic development in rural, agriculture-dependent areas.
(10) Human activities have caused rapid increases in atmospheric concentrations of carbon dioxide and other greenhouse gases in the last century.
(11) According to the Intergovernmental Panel on Climate Change and the National Research Council--
(A) the earth has warmed in the last century; and
(B) the majority of the observed warming is attributable to human activities, including fossil fuel-generated carbon dioxide emissions.
(12) To avoid catastrophic global warming, the United States should take decisive action with other nations to reduce greenhouse gas emissions by 80 percent by 2050.
(13) Projected climate change poses a serious threat to United States national security.
(14) Projected climate change will add to tensions even in stable regions of the world.
SEC. 102. PERFORMANCE GOALS.
In order to ensure that the national energy policy of the United States is the most effective policy for protecting national and homeland security, expanding our economy and creating jobs, addressing global warming and environmental health concerns, and protecting the interests of United States consumers, Congress establishes the New Apollo Energy Act Performance Goals, which the President shall consider when formulating and enforcing national energy policy. These goals are as follows:
(1) Reduce the projected demand for gasoline in the United States by at least 70 billion gallons annually by 2030.
(2) Create and retain 3,000,000 new highly skilled, high-wage jobs in the United States by 2015.
(3) Meet 10 percent of the country's electricity needs from electricity generated from renewable resources by 2012, and meet 20 percent of the country's electricity needs from electricity generated from renewable resources by 2020.
(4) Lower energy costs for consumers by meeting at least 10 percent of projected electricity demand and 5 percent of natural gas demand by 2020 through increased conservation and improved energy efficiency.
(5) Freeze U.S. greenhouse gas emissions in 2010, at 2009 levels. Beginning in 2011, cuts emissions to achieve 1990 emissions levels by 2020. After 2020, cut emissions each year to reach 80 percent below 1990 levels by 2050.
(6) Encourage domestic manufacturing and production of new energy and energy efficient technologies.
(7) Require that 100 percent of all domestically manufactured automobiles be duel-fueled vehicles by 2017.
(8) Increase the Federal fleet requirement to 100 percent duel-fueled or plug-in hybrid vehicles by 2008.
(9) Redevelop and enhance existing industrial facilities in areas of the country adversely impacted by manufacturing job losses.
(10) Promote rural economic development.
TITLE II--EFFICIENCY
Subtitle A--Green Buildings
SEC. 201. SHORT TITLE.
This Act may be cited as the `Advanced Design in Energy for Living Efficiently Act of 2007'.
SEC. 202. FINDINGS.
The Congress finds that--
(1) green building design practices have a positive effect on the reduction of greenhouse gases, the health of the environment, increases in production of workers, and improved water supply for communities;
(2) buildings account for 38 percent of carbon dioxide emissions per year;
(3) buildings consume approximately 40 percent of the energy and 70 percent of the electricity in the United States per year;
(4) an up-front investment of 2 percent in green building design, on average, results in life cycle savings of 20 percent of the total operation costs of a building;
(5) case studies show examples of a 2 to 16 percent increase in productivity in buildings that incorporate green building design;
(6) students with the most daylight in their classrooms progressed 20 percent faster on mathematics tests and 26 percent faster on reading tests in one year than those with the least day lighting;
(7) the development of a research agenda for green building design must consider whole building performance, and such development should be founded on achievable and measurable performance goals;
(8) the tools and knowledge are currently available to meet the goals of this Act; and
(9) green building design is a national priority, and can reduce the long-term operating costs for individuals and enhance their ability to repay the mortgage.
SEC. 203. DEFINITIONS.
For purposes of this Act--
(1) the term `Administrator' means the Administrator of the Environmental Protection Agency;
(2) the term `green building' means a building that uses sustainable design principles to reduce the use of nonrenewable resources, minimize environmental impact, and relate people with the natural environment;
(3) the term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (
(4) the term `State' means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other commonwealth, territory, or possession of the United States.
SEC. 204. COORDINATING AGENCY.
(a) In General- The Administrator shall serve as the coordinating agency for Federal information on green building design and practices, including information regarding construction, use, and decommissioning of green buildings, and shall obtain from all Federal agencies any information relating thereto that is not protected from disclosure by law.
(b) Availability of Information- The Administrator, in consultation with the National Institute of Building Sciences, shall make the information obtained under subsection (a) readily available to the building industry and consumers.
SEC. 205. PUBLIC EDUCATION AND TRAINING.
(a) In General- The Administrator, in coordination with the National Institute of Building Sciences and in conjunction with private-sector building-related entities, shall establish a program to create and distribute informational materials to increase the knowledge of the general public about green building design principles.
(b) Green Building Training- Not later than 6 months after the date of enactment of this Act, the Administrator, working through a grant to the United States Green Building Council, shall provide for the establishment of criteria for appropriate education and training of architects, engineers, and developers in green building design and application.
SEC. 206. BLUE RIBBON PANEL.
(a) Establishment- The National Institute of Building Sciences shall establish a blue ribbon panel to provide independent advice and counsel to the Administrator on policy issues associated with the conservation of energy in residential, commercial, and Federal buildings, green building design systems, the health of the indoor environment, and reduction of water use and waste output.
(b) Appointment- The blue ribbon panel shall be appointed by the Board of Directors of the National Institute of Building Sciences. Appointees shall represent all sectors that are knowledgeable about or affected by green buildings, including architects, professional engineers, government officials, representatives of consumer organizations, representatives of construction labor organizations, product manufacturers, builders, housing management experts, and experts in building standards, codes, research, testing, and fire safety.
(c) Report to Congress- Not later than 1 year after the date of enactment of this Act, the blue ribbon panel shall report to Congress on the results of study to determine best practices for quantifying the information necessary to make informed property investment decisions, including with respect to buildings that meet carbon-neutral emission standards and use green building design practices.
SEC. 207. RESEARCH AND DEVELOPMENT REPORT.
Not later than 6 months after the date of enactment of this Act, the National Institute of Building Sciences shall report to Congress on the estimated amount of funding necessary for research and development on green building design in the United States. Such report shall include recommendations on further policies needed to promote green building design.
SEC. 208. GREENHOUSE GAS EMISSION STANDARDS.
(a) Establishment- Not later than 1 year after the date of enactment of this Act, the National Institute of Building Sciences shall establish standards for the construction of new commercial and residential buildings that will reduce carbon emissions, compared to emissions from similar buildings in 2003, by--
(1) 40 percent by 2010; and
(2) 70 percent by 2020.
(b) Compliance-
(1) REQUIREMENT- Not later than 6 years after the date of enactment of this Act, each State shall demonstrate to the satisfaction of the Administrator that--
(A) such State (and all of the local jurisdictions within such State) has--
(i) adopted the standards established under subsection (a); and
(ii) fully implemented such standards; or
(B) technical barriers exist that prevent such adoption and implementation.
(2) SUPPORTING INFORMATION- In order to make a demonstration to the Administrator under paragraph (1), a State shall receive, and submit to the Administrator, reports from all local jurisdictions in the State on how many building permits were issued each year and how many of these permits met the standards established under subsection (a).
SEC. 209. STUDY OF USE OF FHA ENERGY EFFICIENT MORTGAGE PROGRAM.
(a) Study- The Comptroller General of the United States shall conduct a study of the program of the Secretary of Housing and Urban Development for energy efficient mortgages insured under title II of the National Housing Act, established and operated pursuant to section 106 of the Energy Policy Act of 1992 (
(1) the extent to which such program is utilized by mortgagors in the United States;
(2) any impediments to wider or more efficient use of such program, including any such impediments relating to--
(A) knowledge of or about the program; and
(B) the terms, limitations, or operation of the program;
(3) effective actions which may be taken to increase utilization of the program by mortgagors in the United States.
(b) Report- Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report describing the findings of the study pursuant to subsection (a) and setting forth recommendations for actions under subsection (a)(3).
SEC. 210. HEALTHY, HIGH-PERFORMANCE SCHOOLS.
(a) Grant Program Authorized- The Administrator of the Environmental Protection Agency, acting through the National Institute of Building Sciences, in consultation with the Secretary of Energy and the Secretary of Education, is authorized to award grants to State educational agencies to permit such State educational agencies to carry out this section.
(b) Subgrants-
(1) IN GENERAL- A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies to permit such local educational agencies to carry out the activities described in subsection (e).
(2) LIMITATION- A State educational agency shall award subgrants under this subsection to local educational agencies that are the neediest, as determined by the State, and that have made a commitment to develop healthy, high-performance school buildings in accordance with the plan developed and approved under subsection (c)(1).
(c) Implementation-
(1) PLANS- A State educational agency shall award subgrants under this section only to local educational agencies that, in consultation with the State educational agency and State agencies with responsibilities relating to energy and health, have developed plans that the State educational agency determines to be feasible and appropriate in order to achieve the purposes for which the subgrants are made.
(2) SUPPLEMENTING GRANT FUNDS- The State educational agency shall encourage local educational agencies that receive subgrants under this section to supplement their subgrant funds with funds from other sources in order to implement their plans.
(d) Administration- A State educational agency receiving a grant under this section shall use the grant funds made available under this section for one or more of the following:
(1) To evaluate compliance by local educational agencies with the requirements of this section.
(2) To distribute information and materials on healthy, high-performance school buildings for both new and existing facilities.
(3) To organize and conduct programs for school board members, school district personnel, and others to disseminate information on healthy, high-performance school buildings.
(4) To provide technical services and assistance in planning and designing healthy, high-performance school buildings.
(5) To collect and monitor information pertaining to healthy, high-performance school building projects.
(e) Local Uses of Funds-
(1) IN GENERAL- A local educational agency that receives a subgrant under this section shall use the subgrant funds to plan and prepare for healthy, high-performance school building projects that--
(A) reduce energy use to at least 30 percent below that of a school constructed in compliance with standards prescribed in chapter 8 of the 2000 International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent results;
(B) meet Federal and State health and safety codes; and
(C) support healthful, energy efficient, and environmentally sound practices.
(2) USE OF FUNDS- A local educational agency that receives a subgrant under this section shall use funds for one or more of the following:
(A) To develop a comprehensive energy audit of the energy consumption characteristics of a building and the need for additional energy conservation measures necessary to allow schools to meet the guidelines set out in paragraph (1).
(B) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that--
(i) are cost effective, produce greater energy efficiency, and enhance indoor air quality; and
(ii) can be used when conducting school construction and renovation or purchasing materials and equipment.
(C) To obtain research and provide technical services and assistance in planning and designing healthy, high-performance school buildings, including developing a timeline for implementation of such plans.
(f) Information and Assistance- The Administrator of the Environmental Protection Agency, acting through the National Institute of Building Sciences, shall provide information and assistance to local educational agencies on sustainable design. The information and assistance shall include--
(1) information on how benefits of sustainable design can benefit life cycle costs to all school districts at no cost to school districts; and
(2) assistance on how to create curriculum for environmental science classes to study local effects of sustainable design.
(g) Report to Congress- The Administrator shall conduct a biennial review of State actions implementing this section and carrying out the plans developed under this section through State and local funding, and shall submit a report to Congress on the results of such reviews.
(h) Limitations- No funds received under this section may be used for any of the following:
(1) Payment of maintenance of costs in connection with any projects constructed in whole or in part with Federal funds provided under this section.
(2) Construction, renovation, or repair of school facilities.
(3) Construction, renovation, repair, or acquisition of a stadium or other facility primarily used for athletic contests or exhibitions, or other events for which admission is charged to the general public.
(i) Definitions- In this section:
(1) The term `healthy, high-performance school building' means a school building in which the design, construction, operation, and maintenance--
(A) use energy-efficient and affordable practices and materials;
(B) are cost-effective;
(C) enhance indoor air quality; and
(D) protect and conserve water.
(2) The terms `local educational agency' and `State educational agency' have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(j) Conforming Repeal- Subpart 18 (
SEC. 211. LOAN GUARANTEES FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
(a) Program- The Administrator shall establish a program to make loan guarantees available to public institutions of higher education in a State for the construction or renovation of permanent buildings that meet the standards established under section 8(a).
(b) Qualifications- The Administrator shall establish the qualifications necessary for an institution to be eligible for a loan guarantee under this section, including qualifications to protect the financial interests of the Federal Government.
(c) Approval- The Administrator shall approve or disapprove an application for a loan guarantee under this section not later than 30 days after receiving a completed application.
(d) Authorization of Appropriations- There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section.
SEC. 212. ACCOUNTABILITY OF FEDERAL AGENCIES.
(a) Agency Actions- Each Federal agency shall--
(1) increase the energy efficiency of its facilities and operations;
(2) annually transmit to the President and the Congress a report on the energy efficiency increases and carbon emission reductions associated with its facilities and operation; and
(3) reward agency employees who make significant contributions to the reduction of agency carbon emissions.
(b) Energy Manager Training- The energy manager, designated under section 304 of Executive Order No. 13123, of each Federal agency shall be required to receive training approved by the Administrator on green building design, construction, use, and decommissioning, and to receive an annual refresher course approved by the Administrator on those subjects.
(c) Energy Efficiency Budget Report- Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit to the Congress a report comparing the energy efficiency budget request by the President for each Federal agency for fiscal years 2006 and 2007 with the requests from the agency to the President for energy efficiency budget amounts for those fiscal years.
SEC. 213. STATE AND LOCAL GOVERNMENT BLOCK GRANTS.
(a) In General- The Administrator shall make block grants to State and local governments. Such grants may be used for--
(1) the renovation of existing buildings to achieve the standards established by the National Institute of Building Sciences under section 8(a);
(2) redesigning existing plans for new buildings to enable those plans to meet such standards;
(3) research and development of technologies to enable and support green building design and the achievement of such standards; and
(4) public education and training, including training for homeowners, business owners, first time home buyers, and contractors, on green buildings and their construction, use, and decommissioning.
(b) Mandatory Use- All block grants received under this section shall be used, at least in part, for the purpose described in subsection (a)(4).
(c) Eligibility- No State or local government may receive a block grant under this section unless it demonstrates to the satisfaction of the Administrator that--
(1) the State or local government (and in the case of a State, all the local jurisdictions within the State) has--
(A) adopted the standards established under section 8(a); and
(B) fully implemented such standards; or
(2) technical barriers exist that prevent such adoption and implementation.
(d) Research and Development Coordination- The Administrator shall monitor activities described in subsection (a)(3) to prevent unnecessary duplication of research and development efforts.
(e) Authorization of Appropriations- There are authorized to be appropriated to the Administrator for making grants under this section $1,000,000,000 for the period encompassing fiscal years 2009 through 2018.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for carrying out this Act, other than sections 11 and 13 $50,000,000 for each of the fiscal years 2009 through 2013.
SEC. 215. INCREASE AND EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) Increase- Section 179D of the Internal Revenue Code of 1986 (relating to energy efficient commercial buildings deduction) is amended--
(1) in subsection (b)(1)(A) by striking `$1.80' and inserting `$2.25', and
(2) in subsection (d)(1)(A) by striking `by substituting' and all that follows through the period at the end and inserting `by substituting `$.75' for `$2.25'.'.
(b) Extension- Subsection (h) of section 179D of such Code (relating to termination) is amended by striking `December 31, 2008' and inserting `December 31, 2013'.
(c) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.
Subtitle B--Consumer Assistance
SEC. 221. APPLIANCE STANDARDS.
(a) Consumer Appliance Requirement- Section 325 of the Energy Policy and Conservation Act (
`(ii) Standby Mode-
`(1) REQUIREMENT- Except as provided in paragraph (2), any final rule adopted after July 1, 2012, to set a new or revised energy efficiency standard for a covered product shall specify that a covered product manufactured on or after the effective date of such new or revised standard shall, when in standby mode, operate with not more than 1 watt of electric power.
`(2) EXCEPTIONS-
`(A) EXTENSIONS- The Secretary may provide a single extension of up to 2 years for compliance with paragraph (1) with respect to a covered product if the Secretary finds that such extension is appropriate.
`(B) EXEMPTIONS- The Secretary may provide an exemption from the requirement under paragraph (1) for a covered product, after public notice and opportunity for comment, if the Secretary finds that--
`(i) achieving the requirement is not technologically feasible and economically justified for that covered product; or
`(ii) such an exemption is warranted for medical or military reasons.
Any exemption provided under this subparagraph shall be reviewed at least once every 5 years.'.
(b) Consumer Appliance Test Procedures- Section 323(b) of the Energy Policy and Conservation Act (
`(17) Not later than July 1, 2009, the Secretary shall issue a final rule establishing test procedures for standby power consumption for all covered products, except for products for which the current test procedure already measures standby power consumption.'.
(c) Repeal-
(1) IN GENERAL- Section 325(u) of the Energy Policy and Conservation Act (
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on the date described in section 325(ii)(I) of the Energy Policy and Conservation Act as, added by subsection (a) of this section.
(d) Industrial Equipment Requirement- Section 342 of the Energy Policy and Conservation Act (
`(f) Standby Power-
`(1) REQUIREMENT- Except as provided in paragraph (2), any final rule adopted after July 1, 2012, to set a new or revised energy efficiency standard for covered equipment shall specify that covered equipment manufactured on or after the effective date of such new or revised standard shall, when in standby mode, operate with not more than 1 watt of electric power.
`(2) EXCEPTIONS-
`(A) EXTENSIONS- The Secretary may provide a single extension of up to 5 years for compliance with paragraph (1) with respect to a covered equipment if the Secretary finds that such extension is appropriate.
`(B) EXEMPTIONS- The Secretary may provide an exemption from the requirement under paragraph (1) for covered equipment, after public notice and opportunity for comment, if the Secretary finds that--
`(i) achieving the requirement is not technologically feasible and economically justified for that covered equipment; or
`(ii) such an exemption is warranted for medical or military reasons.
Any exemption provided under this subparagraph shall be reviewed at least once every 5 years.'.
(e) Industrial Equipment Test Procedures- Section 343(a) of the Energy Policy and Conservation Act (
`(9) Not later than July 1, 2009, the Secretary shall issue a final rule establishing test procedures for standby power consumption for all covered equipment, except for equipment for which the current test procedure already measures standby power consumption.'.
SEC. 222. ENERGY STAR CERTIFICATION FOR SOLAR WATER HEATERS AND TANKLESS WATER HEATERS.
Not later than January 1, 2009, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall adopt regulations establishing Energy Star Program requirements and an Energy Star rating program for commercial and residential solar water heating devices and tankless water heating devices.
Subtitle C--Tax Provision
SEC. 231. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY.
(a) In General- Section 48(a)(3)(A) of the Internal Revenue Code of 1986 (defining energy property) is by striking `or' at the end of clause (iii), by inserting `or' at the end of clause (iv), and by adding at the end the following new clause:
`(v) combined heat and power system property,'.
(b) Combined Heat and Power System Property- Section 48 of such Code (relating to energy credit) is amended by adding at the end the following new subsection:
`(d) Combined Heat and Power System Property- For purposes of subsection (a)--
`(1) COMBINED HEAT AND POWER SYSTEM PROPERTY- The term `combined heat and power system property' means property comprising a system--
`(A) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications),
`(B) which has an electrical capacity of not more than 50 megawatts or a mechanical energy capacity of not more than 67,000 horsepower or an equivalent combination of electrical and mechanical energy capacities,
`(C) which produces--
`(i) at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), and
`(ii) at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof),
`(D) the energy efficiency percentage of which exceeds 60 percent, and
`(E) which is placed in service before January 1, 2011.
`(2) SPECIAL RULES-
`(A) ENERGY EFFICIENCY PERCENTAGE- For purposes of this subsection, the energy efficiency percentage of a system is the fraction--
`(i) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, and
`(ii) the denominator of which is the higher heating value of the primary fuel sources for the system.
`(B) DETERMINATIONS MADE ON BTU BASIS- The energy efficiency percentage and the percentages under paragraph (1)(C) shall be determined on a Btu basis.
`(C) INPUT AND OUTPUT PROPERTY NOT INCLUDED- The term `combined heat and power system property' does not include property used to transport the energy source to the facility or to distribute energy produced by the facility.
`(D) CERTAIN EXCEPTION NOT TO APPLY- The first sentence of the matter in subsection (a)(3) which follows subparagraph (D) thereof shall not apply to combined heat and power system property.
`(3) SYSTEMS USING BAGASSE- If a system is designed to use bagasse for at least 90 percent of the energy source--
`(A) paragraph (1)(D) shall not apply, but
`(B) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this subparagraph) as the energy efficiency percentage of such system bears to 60 percent.
`(4) NONAPPLICATION OF CERTAIN RULES- For purposes of determining if the term `combined heat and power system property' includes technologies which generate electricity or mechanical power using back-pressure steam turbines in place of existing pressure-reducing valves or which make use of waste heat from industrial processes such as by using organic rankine, stirling, or kalina heat engine systems, paragraph (1) shall be applied without regard to subparagraphs (C) and (D) thereof .'.
(c) Effective Date- The amendments made by this section shall apply to periods after December 31, 2007, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
TITLE III--TRANSPORTATION SECTOR
SEC. 301. PERFORMANCE GOALS.
Congress finds this title will:
(1) Reduce greenhouse gas emissions from the use of motor vehicles by 22 percent below currently projected levels.
(2) Prevent 662 million metric tons of carbon dioxide from being produced, which is the equivalent of taking 96 million of today's automobiles off the road in one year.
(3) Reduce United States oil consumption by 3.6 million barrels of oil per day.
Subtitle A--Plug-in Hybrid Electric Vehicles
SEC. 311. SHORT TITLE.
This subtitle may be cited as the `Get Real Incentives to Drive Plug-in Act'.
SEC. 312. DEFINITION.
For purposes of this subtitle, the term `plug-in hybrid electric vehicle' means an on-road or nonroad vehicle that is propelled by an internal combustion engine or heat engine using--
(1) any combustible fuel;
(2) an on-board, rechargeable storage device;
(3) a means of using an off-board source of electricity; and
(4) fuel cell technology.
SEC. 313. RESEARCH AND DEVELOPMENT GRANTS.
(a) In General- The Secretary of Transportation shall establish a program to make grants to owners of domestic motor vehicle manufacturing or production facilities for research, development, and demonstration on plug-in hybrid electric vehicles.
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Transportation for carrying out this section $500,000,000 for the period encompassing fiscal years 2008 through 2012.
SEC. 314. PILOT PROJECT.
The Secretary of Transportation shall establish a pilot project to determine how best to integrate plug-in hybrid electric vehicles into the electric power grid and into the overall transportation infrastructure.
SEC. 315. TEST SITE.
The Secretary of Transportation shall establish a test site for the advancement of battery technologies for plug-in hybrid electric vehicles, to be modeled after the Department of Transportation's NHTSA Vehicle Research and Test Center in Ohio.
SEC. 316. PLAN.
Not later than 2 years after the date of enactment of this subtitle, the Secretary of Transportation, in collaboration with the Secretary of Energy, shall transmit to Congress a plan for the introduction and implementation of a plug-in hybrid electric vehicle support infrastructure.
SEC. 317. PLUG-IN HYBRID MOTOR VEHICLE TAX CREDIT.
(a) In General- Section 30B of the Internal Revenue Code of 1986 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection:
`(i) New Plug-In Hybrid Motor Vehicle Credit-
`(1) IN GENERAL- For purposes of subsection (a), the new plug-in hybrid motor vehicle credit determined under this subsection with respect to a new qualified plug-in hybrid motor vehicle placed in service by the taxpayer during the taxable year is $2,500, if such vehicle is a new qualified plug-in hybrid motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds.
`(2) INCREASE FOR ADDITIONAL KILOWATT HOURS- The amount determined under paragraph (1) shall be increased by $500 for each whole number of kilowatt hours by which the storage capacity of the on-board, rechargeable electricity storage device used by such vehicle exceeds 2.5 kilowatt hours, but does not exceed 49.5 kilowatt hours.
`(3) NEW QUALIFIED PLUG-IN HYBRID MOTOR VEHICLE- For purposes of this subsection, the term `new qualified plug-in hybrid motor vehicle' means a motor vehicle--
`(A) which is propelled by an internal combustion engine or heat engine using--
`(i) any combustible fuel,
`(ii) an on-board, rechargeable storage device with a storage capacity of at least 2.5 kilowatt hours, and
`(iii) a means of using an off-board source of electricity,
`(B) which, in the case of a passenger automobile or light truck, has received on or after the date of the enactment of this section a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle,
`(C) the original use of which commences with the taxpayer,
`(D) which is acquired for use or lease by the taxpayer and not for resale, and
`(E) which is made by a manufacturer.'.
(b) Conforming Amendments-
(1) Section 30B(a) of such Code is amended by striking `and' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting `, and', and by adding at the end the following new paragraph:
`(5) the new plug-in hybrid motor vehicle credit determined under subsection (i).'.
(2) Section 30B(k)(2) of such Code, as redesignated by subsection (a), is amended--
(A) by striking `or' and inserting a comma, and
(B) by inserting `, or a new qualified plug-in hybrid motor vehicle (as described in subsection (i)(3))' after `subsection (d)(2)(A))'.
(c) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.
Subtitle B--Increase Ridership of Public Transportation
SEC. 321. INCREASED UNIFORM DOLLAR LIMITATION FOR ALL TYPES OF TRANSPORTATION FRINGE BENEFITS.
(a) In General- Section 132(f)(2) of the Internal Revenue Code of 1986 (relating to limitation on exclusion) is amended--
(1) by striking `$100' in subparagraph (A) and inserting `$200', and
(2) by striking `$175' in subparagraph (B) and inserting `$200'.
(b) Inflation Adjustment Conforming Amendments- Subparagraph (A) of section 132(f)(6) of such Code (relating to inflation adjustment) is amended--
(1) by striking the last sentence,
(2) by striking `1999' and inserting `2008', and
(3) by striking `1998' and inserting `2007'.
(c) Effective Date- The amendments made by this subsection shall apply to taxable years beginning after December 31, 2006.
SEC. 322. CREDIT FOR EMPLOYER COSTS OF PROVIDING CERTAIN MASS TRANSPORTATION FRINGE BENEFITS TO THEIR EMPLOYEES.
(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section:
`SEC. 45O. CREDIT FOR EMPLOYER COSTS OF PROVIDING CERTAIN MASS TRANSPORTATION FRINGE BENEFITS TO THEIR EMPLOYEES.
`(a) In General- For purposes of section 38, the mass transportation fringe credit is an amount equal to 25 percent of the cost paid or incurred by an employer during the taxable year for providing any qualified transportation fringe described in subparagraph (A) or (B) of section 132(f)(1) to employees of such employer.
`(b) Limitation- The amount of the credit under subsection (a) for a month may not exceed the dollar amount per month to which the amount of the fringe benefits are limited under subparagraph (A) of section 132(f)(2).
`(c) Election To Have Credit Not Apply- A taxpayer may elect to have this section not apply for any taxable year.'.
(b) Conforming Amendments-
(1) CREDIT TO BE PART OF GENERAL BUSINESS CREDIT- Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking `plus' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting `, plus', and by adding at the end the following new paragraph:
`(32) the mass transportation fringe credit determined under section 45O(a).'.
(2) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
`45O. Credit for employer costs of providing certain mass transportation fringe benefits to their employees.'.
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
SEC. 323. CLARIFICATION OF FEDERAL EMPLOYEE BENEFITS.
Section 7905 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(C) by inserting `and' after the semicolon;
(B) in paragraph (3) by striking `; and' and inserting a period; and
(C) by striking paragraph (4); and
(2) in subsection (b)(2)(A) by amending subparagraph (A) to read as follows:
`(A) a qualified transportation fringe as defined in section 132(f)(1) of the Internal Revenue Code of 1986;'.
SEC. 324. EXTENSION OF TRANSPORTATION FRINGE BENEFIT TO BICYCLE COMMUTERS.
(a) In General- Paragraph (1) of section 132(f) of the Internal Revenue Code of 1986 (relating to general rule for qualified transportation fringe) is amended by adding at the end the following:
`(D) Bicycle commuting allowance.'.
(b) Bicycle Commuting Allowance Defined- Paragraph (5) of section 132(f) of such Code (relating to definitions) is amended by adding at the end the following:
`(F) BICYCLE COMMUTING ALLOWANCE- The term `bicycle commuting allowance' means an amount provided to an employee for transportation on a bicycle if such transportation is in connection with travel between the employee's residence and place of employment.'.
(c) Limitation on Exclusion- Paragraph (2) of section 132(f) of such Code is amended by striking `subparagraphs (A) and (B)' and inserting `subparagraphs (A), (B), and (D)'.
(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
Subtitle C--Emissions Reductions and Oil Savings
CHAPTER 1--BIOFUELS SECURITY
SEC. 331. SHORT TITLE.
This chapter may be cited as the `Biofuels Security Act of 2007'.
Subchapter A--Renewable Fuels
SEC. 341. RENEWABLE FUEL PROGRAM.
Section 211(o)(2) of the Clean Air Act (
`(B) APPLICABLE VOLUME-
`(i) IN GENERAL- For the purpose of subparagraph (A), the applicable volume for calendar year 2010 and each calendar year thereafter shall be determined, by rule, by the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, in a manner that ensures that--
`(I) the requirements described in clause (ii) for specified calendar years are met; and
`(II) the applicable volume for each calendar year not specified in clause (ii) is determined on an annual basis.
`(ii) REQUIREMENTS- The requirements referred to in clause (i) are--
`(I) for calendar year 2010, at least 10,000,000,000 gallons of renewable fuel;
`(II) for calendar year 2020, at least 30,000,000,000 gallons of renewable fuel; and
`(III) for calendar year 2030, at least 60,000,000,000 gallons of renewable fuel.'.
SEC. 342. INSTALLATION OF E-85 FUEL PUMPS BY MAJOR OIL COMPANIES AT OWNED STATIONS AND BRANDED STATIONS.
Section 211(o) of the Clean Air Act (
`(11) INSTALLATION OF E-85 FUEL PUMPS BY MAJOR OIL COMPANIES AT OWNED STATIONS AND BRANDED STATIONS-
`(A) DEFINITIONS- In this paragraph:
`(i) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is derived from ethanol produced in the United States.
`(ii) MAJOR OIL COMPANY- The term `major oil company' means any person that, individually or together with any other person with respect to which the person has an affiliate relationship or significant ownership interest, has not less than 4,500 retail station outlets according to the latest publication of the Petroleum News Annual Factbook.
`(iii) SECRETARY- The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture.
`(B) REGULATIONS- The Secretary shall promulgate regulations to ensure that each major oil company that sells or introduces gasoline into commerce in the United States through wholly-owned stations or branded stations installs or otherwise makes available 1 or more pumps that dispense E-85 fuel (including any other equipment necessary, such as including tanks, to ensure that the pumps function properly) at not less than the applicable percentage of the wholly-owned stations and the branded stations of the major oil company specified in subparagraph (C).
`(C) APPLICABLE PERCENTAGE- For the purpose of subparagraph (B), the applicable percentage of the wholly-owned stations and the branded stations shall be determined in accordance with the following table:
5
10
15
20
25
30
35
40
45
50.
`(D) GEOGRAPHIC DISTRIBUTION-
`(i) IN GENERAL- Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in subparagraph (B) installs or otherwise makes available 1 or more pumps that dispense E-85 fuel at not less than a minimum percentage (specified in the regulations) of the wholly-owned stations and the branded stations of the major oil company in each State.
`(ii) REQUIREMENT- In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major oil company installs or otherwise makes available 1 or more pumps described in that clause in each State in which the major oil company operates.
`(E) FINANCIAL RESPONSIBILITY- In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly.
`(F) PRODUCTION CREDITS FOR EXCEEDING E-85 FUEL PUMPS INSTALLATION REQUIREMENT-
`(i) EARNING AND PERIOD FOR APPLYING CREDITS- If the percentage of the wholly-owned stations and the branded stations of a major oil company at which the major oil company installs E-85 fuel pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major oil company earns credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned.
`(ii) TRADING CREDITS- Subject to clause (iii), a major oil company that has earned credits under clause (i) may sell credits to another major oil company to enable the purchaser to meet the requirement under subparagraph (C).
`(iii) EXCEPTION- A major oil company may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).'.
SEC. 343. MINIMUM FEDERAL FLEET REQUIREMENT.
Section 303(b)(1) of the Energy Policy Act of 1992 (
(1) in subparagraph (C), by striking `and' after the semicolon;
(2) in subparagraph (D), by striking `fiscal year 1999 and thereafter,' and inserting `each of fiscal years 1999 through 2007; and';
(3) by inserting after subparagraph (D) the following:
`(E) 100 percent in fiscal year 2008 and thereafter,'; and
(4) by inserting after the period at the end the following: `For purposes of this subsection, the term `alternative fueled vehicle' shall include plug-in hybrid vehicles (as defined in section 30B of the Internal Revenue Code of 1986).'.
SEC. 344. APPLICATION OF GASOHOL COMPETITION ACT OF 1980.
Section 26 of the Clayton Act (
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
`(c) For purposes of subsection (a), restricting the right of a franchisee to install on the premises of that franchisee a renewable fuel pump, such as one that dispenses E85, shall be considered an unlawful restriction.'; and
(3) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking `section,' and inserting the following: `section--
`(1) the term';
(B) by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(2) the term `gasohol' includes any blend of ethanol and gasoline such as E-85.'.
Subchapter B--Dual Fueled Automobiles
SEC. 351. REQUIREMENT TO MANUFACTURE DUAL FUELED AUTOMOBILES.
(a) Requirement-
(1) IN GENERAL- Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following:
`Sec. 32902A. Requirement to manufacture dual fueled automobiles
`(a) Requirement- Each manufacturer of new automobiles that are capable of operating on gasoline or diesel fuel shall ensure that the percentage of such automobiles, manufactured in any model year after model year 2007 and distributed in commerce for sale in the United States, which are dual fueled automobiles is equal to not less than the applicable percentage set forth in the following table:
`
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`For each of the following model years: The percentage of dual fueled automobiles manufactured shall be not less than:
2008 10
2009 20
2010 30
2011 40
2012 50
2013 60
2014 70
2015 80
2016 90
2017 and beyond 100.
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`(b) Production Credits for Exceeding Flexible Fuel Automobile Production Requirement-
`(1) EARNING AND PERIOD FOR APPLYING CREDITS- If the number of dual fueled automobiles manufactured by a manufacturer in a particular model year exceeds the number required under subsection (a), the manufacturer earns credits under this section, which may be applied to any of the 3 consecutive model years immediately after the model year for which the credits are earned.
`(2) TRADING CREDITS- A manufacturer that has earned credits under paragraph (1) may sell credits to another manufacturer to enable the purchaser to meet the requirement under subsection (a).'.
(2) TECHNICAL AMENDMENT- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following:
`32902A. Requirement to manufacture dual fueled automobiles.'.
(b) Activities To Promote the Use of Certain Alternative Fuels- The Secretary of Transportation shall carry out activities to promote the use of fuel mixtures containing gasoline or diesel fuel and 1 or more alternative fuels, including a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels, to power automobiles in the United States.
SEC. 352. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES.
Section 32905(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) by inserting `(1)' before `Except';
(3) by striking `model years 1993-2010' and inserting `model year 1993 through the first model year beginning not less than 18 months after the date of enactment of the Biofuels Security Act of 2007'; and
(4) by adding at the end the following:
`(2) Except as provided in paragraph (5), subsection (d), or section 32904(a)(2), the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 30 months after the date of enactment of the Biofuels Security Act of 2007 by dividing 1.0 by the sum of--
`(A) 0.7 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and
`(B) 0.3 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel.
`(3) Except as provided in paragraph (5), subsection (d), or section 32904(a)(2), the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 42 months after the date of enactment of the Biofuels Security Act of 2007 by dividing 1.0 by the sum of--
`(A) 0.9 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and
`(B) 0.1 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel.
`(4) Except as provided in subsection (d) or section 32904(a)(2), the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in each model year beginning not less than 54 months after the date of enactment of the Biofuels Security Act of 2007 in accordance with section 32904(c).
`(5) Notwithstanding paragraphs (2) through (4), the fuel economy for all dual fueled automobiles manufactured to comply with the requirements under section 32902A(a), including automobiles for which dual fueled automobile credits have been used or traded under section 32902A(b), shall be measured in accordance with section 32904(c).'.
CHAPTER 2--EMISSIONS REDUCTIONS
SEC. 361. EXTENSION OF BIODIESEL TAX CREDITS.
(a) In General- Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking `2008' and inserting `2018'.
(b) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.
SEC. 362. LOW CARBON FUEL STANDARD.
The Clean Air Act (
`TITLE VII--GREENHOUSE GAS EMISSIONS FROM VEHICLE AND AIRCRAFT FUELS
`SEC. 701. PURPOSE.
`The purpose of this title is to provide a reduction in the aggregate greenhouse gas emissions per unit of energy consumed by vehicles and aircraft.
`SEC. 702. FINDINGS.
`The Congress finds that:
`(1) The United States consumes a quarter of the world's oil and the oil used in transportation accounts for a third of the United States emissions of the greenhouse gases that cause global warming.
`(2) To avoid catastrophic global warming, the United States should take decisive action with other nations to reduce greenhouse gas emissions by 60 to 80 percent by 2050.
`(3) Transitioning our transportation sector to more efficient use of oil and low-carbon petroleum alternatives is essential to reducing global warming pollution.
`(4) It is necessary and feasible to reduce emissions of greenhouse gases, enhance national security by reducing dependence on oil and promote economic well-being without sacrificing land, water and air quality, by enacting energy policies that motivate environmental performance.
`SEC. 703. DEFINITIONS.
`For purposes of this title:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.
`(2) CARBON DIOXIDE EQUIVALENT- With respect to each greenhouse gas, the term `carbon dioxide equivalent' means the amount of the greenhouse gas resulting from that fuel that traps the same amount of heat as one metric ton of carbon dioxide, as determined by the Administrator.
`(3) GREENHOUSE GAS- The term `greenhouse gas' means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, and any other anthropogenically-emitted gas that is determined by the Administrator, after notice and comment, to contribute to global warming to a non-negligible degree.
`(4) LIFECYCLE GREENHOUSE GAS EMISSIONS- The term `lifecycle greenhouse gas emissions' means greenhouse gases emitted during the entire cycle of extraction, cultivation, production, manufacturing, feedstock extraction, marketing, and distribution for a fuel or other sources of energy, as well as those emitted during the use of such fuels and sources by vehicles and aircraft. The term includes changes in land use and land cover associated with each phase of such cycle.
`(5) VEHICLE- The term `vehicle' means a motor vehicle as defined in section 216 and any other device used for the transportation of persons or goods (other than an aircraft).
`SEC. 704. LOW CARBON FUEL PERFORMANCE STANDARDS.
`(a) Vehicle Fuel Standard- Not later than January 1, 2010, the Administrator shall promulgate low carbon fuel performance standards for fuels and other sources of energy used to propel vehicles. Such standards shall begin to apply in the year 2015.
`(b) Graduated Reductions for Vehicle Fuel- The Administrator shall promulgate, by rule, a declining standard for each 5 calendar year period beginning in 2015. Each such standard shall represent a graduated percentage reduction in aggregate emissions of greenhouse gases per Btu in each 5-year period after 2014 through 2050 as provided in the following table. The reduction for each such period shall be measured from the baseline for vehicle fuel, as determined by the Administrator under subsection (f).
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`5-year period Percent reduction
2015 through 2019 3 percent
2020 through 2024 6 percent
2025 through 2029 9 percent
2030 through 2034 12 percent
2035through 2039 15 percent
2040 through 2044 18 percent
2045 through 2049 21 percent
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`(c) Additional Reductions- Each 5 years during the period 2015 through 2050 the Administrator shall review available control technology, safety considerations, and land and other resources available for production of fuels and other sources of energy used to propel vehicles. Following such review, the Administrator may, by rule, promulgate a more stringent standard than the standard otherwise applicable under subsection (b) which more stringent standard, based on such review, the Administrator determines to be requisite to protect the public health and welfare from any known or anticipated adverse effects associated with greenhouse gas emissions.
`(d) Standard for Aircraft Fuel- Not later than January 1, 2010, the Administrator shall promulgate a low carbon fuel performance standard for fuels and other sources of energy used by aircraft. The performance standard for such fuels and other sources of energy for aircraft for each year after 2015 shall be the baseline for that fuel, as determined by the Administrator under subsection (f). Such standard shall begin to apply in the year 2015 and continue to apply through the calendar year 2019. The standard shall remain in effect thereafter unless, for each 5 year period thereafter, beginning in 2020, the Administrator and the Secretary of Transportation determine that a more stringent standard is necessary to carry out the purposes of this Act. Such determination may be made only after a thorough review of available technology and safety considerations. Following such determination, the Administrator shall promulgate a rule establishing a more stringent standard.
`(e) Terms of Standards- Each standard under this section shall be expressed in carbon dioxide, or carbon dioxide equivalent, emissions per Btu of energy from the aggregate of all fuels and other sources of energy used by vehicles or by aircraft.
`(f) Baseline-
`(1) VEHICLE FUEL- The baseline for vehicle fuel for purposes of the standards under this section shall be the aggregate greenhouse gas emissions per Btu from all such fuel and other sources of energy used by vehicles in calendar year 2007, as determined by the Administrator.
`(2) AIRCRAFT FUEL- For fuel used by aircraft, the baseline for purposes of the standard under this section shall be the aggregate greenhouse gas emissions per Btu from all such fuel and other sources of energy used by aircraft in calendar year 2007, as determined by the Administrator.
`SEC. 705. EPA REGULATIONS; CALCULATION OF EMISSIONS PER BTU.
`(a) Regulations- After consultation with the Secretary of Energy and the Secretary of Commerce, and a review of all compliance methods, the Administrator, after notice and opportunity for comment, shall promulgate, not later than January 1, 2010, and may periodically revise thereafter, regulations requiring compliance with the annual performance standards established under section 703.
`(b) Calculations of Greenhouse Emission Rate Per Btu-
`(1) INDIVIDUAL CALCULATIONS UNDER STANDARD METHODOLOGY- The regulations under this section shall provide standard, transparent and public methods for each producer, importer, or blender of a fuel or other source of energy used, directly or indirectly, as a fuel for vehicles or aircraft to calculate the greenhouse gases emitted per Btu of such fuel or other source of energy when so used.
`(2) LIFECYCLE GREENHOUSE GAS EMISSION CALCULATION- The regulations under this section shall include appropriate methods for estimating the lifecycle greenhouse gas emissions of each fuel and other energy source. For purposes of such regulations, the Administrator shall develop methods to quantify the direct and indirect emissions resulting from biofuel production.
`(3) SPECIAL ADJUSTMENT FOR ELECTRICITY AND HYDROGEN- In making the calculation under this subsection, the Administrator shall adjust the Btus of energy delivered from the use of electricity and hydrogen used as a fuel or source of energy for vehicles and aircraft. Such adjustment shall reflect the greenhouse gas reductions on a per mile basis in order to reflect the inherent energy efficiency of an average battery electric, plug in hybrid electric vehicle, or hydrogen fuel cell vehicle.
`(4) NAS REPORT- The Administrator shall, not less than 90 days after the enactment of this Act, enter into a contract with the National Academy of Sciences to assess and recommend methods to calculate the lifecycle greenhouse gas emissions associated with the production and use of fuels and other sources of energy used as a fuel for vehicles and aircraft.
`(5) CONSULTATION- In developing regulations under this section, the Administrator shall consult with State agencies and other government entities within and outside the United States having programs for control of greenhouse gas emissions from vehicle fuels and shall promulgate such regulations after consideration of the report under paragraph (4).
`SEC. 706. COMPLIANCE WITH STANDARD.
`(a) Requirement To Meet Standard- The regulations under this title shall provide that each producer, importer or blender of a fuel or other source of energy used for transportation by vehicles or aircraft shall be required to generate or obtain in each calendar year after 2009 credits equal to the excess, if any, of paragraph (1) over paragraph (2) multiplied by paragraph (3). No producer, importer, or blender shall be required to obtain credits if the fuel or other source of energy meets the aggregate performance standard under section 703 for the calendar year concerned.
`(1) The greenhouse gases (expressed as carbon dioxide or carbon dioxide equivalent) emitted per Btu of fuel or other energy produced, imported, or blended by such producer, importer, or blender in the calendar year concerned.
`(2) The aggregate performance standard for all such producers, importer, or blenders established under section 703 for the calendar year concerned.
`(3) The total number of Btus used in vehicles and aircraft that is provided by the fuel or other energy produced, imported, or blended by such producer, importer or blender in the year concerned.
`(b) Generation, Trading, and Banking of Credits-
`(1) CREDIT GENERATION- For each calendar year after the calendar year 2014, each producer, importer, or blender of each fuel or other source of energy used for transportation by vehicles or aircraft shall be credited with greenhouse gas emission credits equal to the excess, if any, of paragraph (2) of subsection (a) over paragraph (1) of subsection (a) multiplied by paragraph (3) of subsection (a).
`(2) TRADING- The regulations under this section shall allow purchase, sale, and trading of such allowance producers, importers and blenders, and other persons. Credits generated this section may be held and traded by any person. Credits under this section do not constitute a property right, and nothing in any provision of law shall be construed to limit the authority of the United States to terminate or limit any such credit.
`(3) BANKING- Credits generated under this section may be used in the year in which they are generated and in the following calendar year.
`(c) Monitoring- The Administrator shall promulgate rules to ensure that greenhouse gas emissions and the use of credits generated under this section are accurately tracked, reported, and verified.
`(d) Enforcement-
`(1) IN GENERAL- If any fuel or other source of energy used, directly or indirectly, by vehicles exceeds in any calendar year the standard established under this section and the producer, importer or blender thereof has not acquired credits to offset such excess, the producer, importer or blender shall pay a civil penalty in an amount determined under paragraph (2).
`(2) AMOUNT OF CIVIL PENALTY- The amount of the civil penalty under this subsection shall be twice the market price for the credits that would be necessary for such producer, blender, or importer to meet the standard for the fuel or energy source concerned. The Administrator shall establish the method of determining such market price.
`(3) NO DEMAND REQUIRED- A civil penalty under this subsection shall be due and payable to the Administrator without demand.
`(4) CIVIL ACTION- The Administrator may bring a civil action in the appropriate United States district court to recover the amount of any civil penalty due and payable under this subsection.
`SEC. 707. CERTIFICATION AND LABELING OF LOW-CARBON TRANSPORTATION FUELS.
`(a) Identification- Not later than January 1, 2009, the Administrator shall identify and label low-carbon transportation fuels based on the following criteria.
`(1) The fuel is responsible for at least 20 percent lower lifecycle greenhouse gas emissions per BTU delivered compared to the 2007 baseline.
`(2) The fuel is likely to have fewer adverse impacts on wildlife habitat, biodiversity, water quality or air quality over the lifecycle of the fuel, than conventional transportation fuels.
`(3) The fuel achieves reduction in petroleum content over its lifecycle.
In the case of electric energy and hydrogen used, directly or indirectly, as a fuel or source of energy for vehicles, the Administrator shall apply the special adjustment factor referred to in section 705(b)(3) in identifying low-carbon transportation fuels.
`(b) Certification- Not later than January 1, 2009, the Administrator shall establish a low-carbon fuel certification process to certify fuels that the Administrator has identified as low-carbon fuels, make that certification information available to consumers. Under regulations promulgated by the Administrator any person manufacturing, importing, or distributing low-carbon fuels may provide labeling for such fuels in accordance with regulations promulgated by the Administrator and promote public awareness of those fuels.
`SEC. 708. FUEL SAFEGUARDS.
`(a) Definitions- As used in this section:
`(1) The term `Community Fire Safety Zone' means the immediate vicinity of buildings and other areas regularly occupied by people, or of infrastructure, at risk of wildfire.
`(2) The term `Ecosystem conversion' means altering the native habitat to such an extent that it no longer supports most characteristic native species and ecological processes.
`(3) The term `native habitat' means dynamic groupings of native plant and animal communities that occur together on the landscape or in the water and are tied together by similar ecological processes, underlying environmental features such as geology, or environmental gradients such as elevation, but does not include land that is currently in agricultural production.
`(4) NATIONAL INTEREST LANDS- The term `National interest lands' means areas designated as national wildlife refuges, national forests, or national grasslands, areas managed by the National Park Service (including national parks and monuments), and lands managed by the Bureau of Land Management.
`(5) The term `Community Fire Safety Zone' means the immediate vicinity of buildings and other areas regularly occupied by people, or of infrastructure, at risk of wildfire.
`(6) The term `Sensitive Lands' means old growth forests; roadless areas on national forests, wilderness study areas; native grasslands; intact, rare, threatened or endangered ecosystems; and any area containing significant concentrations of biodiversity values including endemism, endangered species, high species richness, and refugia.
`(b) In General- Under regulations of the Administrator, no transportation fuel sold in interstate commerce after January 1, 2010 may be derived all or in part from biomass from the following sources:
`(1) Lands where the Administrator determines that ecosystem conversion has occurred after the date of the enactment of this Act.
`(2) Sensitive Lands.
`(3) Land enrolled in the Conservation Reserve Program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (
`(4) National interest lands with the exception of either of the following:
`(A) Harvest residue, mill waste, or pre-commercial thinnings, from lands assigned to timber production.
`(B) Biomass obtained from a Community Fire Safety Zone.
`(5) Recyclable postconsumer waste paper, painted, treated, or pressurized wood, wood contaminated with plastic or metals.
`(6) Municipal solid waste (as defined in the Solid Waste Disposal Act).
`(7) Materials produced, harvested, acquired, transported, or processed pursuant to an exemption from otherwise applicable environmental laws or rules.
`SEC. 709. AIR QUALITY IMPACTS.
`(a) In General- The Administrator shall ensure, under regulation, that no transportation fuel sold or introduced in interstate commerce after January 1, 2010, shall result in--
`(1) average per gallon vehicle emissions (measured on a mass basis) of air pollutants in excess of the quantity of those emissions attributable to gasoline sold or introduced into commerce in the United States during calendar year 2007; or
`(2) a violation of any motor vehicle emission or fuel content limitation under any other provision of this Act.
`SEC. 710. RESEARCH AND DEVELOPMENT FUNDING.
`There is authorized to be appropriated to the Secretary of Energy such sums as may be necessary carry out a cooperative program of research and development relating to lower carbon alternatives for aircraft jet fuel and fuel for other vehicles. The program shall provide for matching Federal grants to private entities carrying out such research and development.
`SEC. 711. STATE LAWS.
`Nothing in this title shall be interpreted to preempt or limit State actions to address climate change.'.
SEC. 363. LOAN GUARANTEE PROGRAM TO DEMONSTRATE LOW CARBON RENEWABLE FUEL.
(a) In General- Section 1703 of the Energy Policy Act of 2005 is amended by adding the following new subsection after subsection (b) and redesignating subsections (c) through (e) as (d) through (f):
`(c) Low Carbon Renewable Fuel Projects-
`(1) DEFINITIONS- In this subsection:
`(A) LOW CARBON RENEWABLE FUEL- The term `low carbon renewable fuel' means transportation fuel that is not an ether and that is produced from renewable biomass; or is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used for transportation; and has a lifecycle greenhouse gas emissions, per unit of energy, that is at least 60 percent less than the baseline defined in section 704 of the Clean Air Act.
`(B) TRANSPORTATION FUEL- The term `transportation fuel' means fuel used to power motor vehicles, nonroad engines, or aircraft.
`(C) RENEWABLE BIOMASS- The term `renewable biomass' is any organic matter that is available on a renewable or recurring basis, including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, animal wastes, wood and wood residues, and other vegetative waste materials. Biomass sources that are covered under this definition are subject to the limitations set forth section 708 of the Clean Air Act.
`(2) PROJECTS- The Secretary may make loan guarantees under this section to carry out commercial demonstration projects to demonstrate the feasibility and viability of producing low carbon renewable fuel until the technology becomes commercially viable and feasible.
`(3) DESIGN CAPACITY- Each project for which a loan guarantee is provided under this subsection shall have a design capacity to produce at least 30,000,000 gallons of renewable fuel each year.
`(4) APPLICANT ASSURANCES- An applicant for a loan guarantee under this subsection shall provide assurances, satisfactory to the Secretary, that--
`(A) the project design has been validated through the operation of a continuous process facility with a cumulative output of at least 50,000 gallons of renewable fuel;
`(B) the project has been subject to a full technical review;
`(C) the project is covered by adequate project performance guarantees;
`(D) the project, with the loan guarantee, is economically viable; and
`(E) there is a reasonable assurance of repayment of the guaranteed loan.'.
(b) Funding- Section 1704(a) of such Act is amended by adding the following at the end thereof: `Not less than 30 percent of the funds made available under this section shall be used for purposes of loan guarantees under section 1703(c) for low carbon renewable fuel. The aggregate amount of guarantees under section 1703(c) at any one time shall not exceed $20,000,000,000'.
SEC. 364. REQUIRE AUTOMAKERS TO REDUCE TAILPIPE GHG EMISSIONS.
Title II of the Clean Air Act (
`PART D--GREENHOUSE GAS EMISSION REDUCTIONS
`SEC. 251. DEFINITIONS.
`In this part:
`(1) GREENHOUSE GAS- The term `greenhouse gas' means----
`(A) carbon dioxide;
`(B) methane;
`(C) nitrous oxide;
`(D) hydrofluorocarbons;
`(E) perflourocarbons; and
`(F) sulfur hexafluoride.
`(2) MOTOR VEHICLE- The term `motor vehicle' has the meaning given to such term in section 216.
`SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS FROM AUTOMOBILES.
`(a) Vehicle Emissions Baseline- Not later than January 1, 2009, based on the aggregate quantity and variety of new automobiles sold in the United States during model year 2002 and the average greenhouse gas emissions from those new automobiles, the Administrator shall determine the average quantity of greenhouse gas emissions per vehicle mile (referred to in this section as the `new vehicle emissions baseline').
`(b) Subsequent Average Emissions From New Automobiles- Not later than June 1, 2015, and annually thereafter, based on the aggregate quantity and variety of new automobiles sold in the United States during the preceding model year and the average greenhouse gas emissions from those new automobiles during the preceding model year, the Administrator shall determine the average quantity of greenhouse gas emissions per vehicle mile for the model year.
`(c) Required Reductions in Greenhouse Gas Emissions From Automobiles-
`(1) IN GENERAL- The Administrator shall, by regulation, require each manufacturer of automobiles for sale in the United States to reduce the average quantity of greenhouse gas emissions per vehicle mile of the aggregate quantity and variety of automobiles manufactured by the manufacturer to a level that is----
`(A) for automobiles manufactured in model year 2016, 30 percent less than the new vehicle emissions baseline; and
`(B) not later than every fifth model year thereafter, such percent as shall be specified by the Administrator that is less than the average quantity of greenhouse gas emissions per vehicle mile required for the model year preceding that fifth model year, as determined by the Administrator under subsection (b).'.
SEC. 365. ELIMINATION OF 2-FLEET RULE.
(a) In General- Section 32904 of title 49, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively.
(b) Effective Date- The amendments made by subsection (a) shall apply to model year 2010 and subsequent model years.
TITLE IV--ELECTRICITY SECTOR
Subtitle A--Tax Incentives
SEC. 401. EXTENSION THROUGH 2018 FOR PLACING QUALIFIED FACILITIES IN SERVICE FOR PRODUCING RENEWABLE ELECTRIC ENERGY.
(a) In General- Subsection (d) of section 45 of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking `January 1, 2009' each place it appears and inserting `January 1, 2019'.
(b) Effective Date- The amendments made by this section shall apply to property originally placed in service on or after January 1, 2009.
SEC. 402. EXTENSION OF ENERGY CREDIT.
(a) In General- Section 48 of such Code (relating to energy credit) is amended--
(1) by striking `January 1, 2009' in both places it appears and inserting `January 1, 1019', and
(2) by striking `December 31, 2008' in both places it appears and inserting `December 31, 2018'.
SEC. 403. EXPANSION AND MODIFICATION OF RENEWABLE RESOURCE CREDIT.
(a) Additional Qualified Energy Resources-
(1) IN GENERAL- Section 45(c)(1) of such Code (relating to resources) is amended by striking `and' at the end of subparagraph (F), by striking the period at the end of subparagraph (G), and by adding at the end the following new subparagraphs:
`(I) incremental geothermal production, and
`(J) marine and hydrokinetic renewable energy.'.
(2) DEFINITION OF RESOURCES- Section 45(c) of such Code is amended by adding at the end the following new paragraphs:
`(10) INCREMENTAL GEOTHERMAL PRODUCTION-
`(A) IN GENERAL- In the case of an incremental geothermal facility described in subsection (d)(9), the term `incremental geothermal production' means for any taxable year the excess of--
`(i) the total kilowatt hours of electricity produced from such facility for the taxable year, over
`(ii) the average annual kilowatt hours produced at such facility for 5 of the previous 7 calendar years before the date of the enactment of this paragraph after eliminating the highest and
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