U.S. Congress - Text of H.R.2950 as Introduced in House Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007
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Donate NowH.R.2950 - Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007
To reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes.
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HR 2950 IHCommentsClose CommentsPermalink
To reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes.CommentsClose CommentsPermalink
June 28, 2007
Mrs. WILSON of New Mexico introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science and Technology, Education and Labor, Transportation and Infrastructure, Natural Resources, Oversight and Government Reform, Financial Services, Foreign Affairs, Small Business, Judiciary, Armed Services, Select Intelligence (Permanent Select), and Agriculture, 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 concernedCommentsClose CommentsPermalink
To reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Relationship to other law.CommentsClose CommentsPermalink
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Sec. 101. Short title.CommentsClose CommentsPermalink
Sec. 102. Definitions.CommentsClose CommentsPermalink
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.CommentsClose CommentsPermalink
Sec. 112. Production of renewable fuel using renewable energy.CommentsClose CommentsPermalink
Sec. 113. Sense of Congress relating to the use of renewable resources to generate energy.CommentsClose CommentsPermalink
Subtitle B--Renewable Fuels Infrastructure
Sec. 121. Infrastructure pilot program for renewable fuels.CommentsClose CommentsPermalink
Sec. 122. Bioenergy research and development.CommentsClose CommentsPermalink
Sec. 123. Bioresearch centers for systems biology program.CommentsClose CommentsPermalink
Sec. 124. Loan guarantees for renewable fuel facilities.CommentsClose CommentsPermalink
Sec. 125. Grants for renewable fuel production research and development in certain States.CommentsClose CommentsPermalink
Sec. 126. Grants for infrastructure for transportation of biomass to local biorefineries.CommentsClose CommentsPermalink
Sec. 127. Biorefinery information center.CommentsClose CommentsPermalink
Sec. 128. Alternative fuel database and materials.CommentsClose CommentsPermalink
Sec. 129. Fuel tank cap labeling requirement.CommentsClose CommentsPermalink
Sec. 130. Biodiesel.CommentsClose CommentsPermalink
Sec. 131. Transitional assistance for farmers who plant dedicated energy crops for a local cellulosic refinery.CommentsClose CommentsPermalink
Sec. 132. Research and development in support of low-carbon fuels.CommentsClose CommentsPermalink
Subtitle C--Studies
Sec. 141. Study of advanced biofuels technologies.CommentsClose CommentsPermalink
Sec. 142. Study of increased consumption of ethanol-blended gasoline with higher levels of ethanol.CommentsClose CommentsPermalink
Sec. 143. Pipeline feasibility study.CommentsClose CommentsPermalink
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85 fuel.CommentsClose CommentsPermalink
Sec. 145. Study of credits for use of renewable electricity in electric vehicles.CommentsClose CommentsPermalink
Sec. 146. Study of engine durability associated with the use of biodiesel.CommentsClose CommentsPermalink
Sec. 147. Study of incentives for renewable fuels.CommentsClose CommentsPermalink
Sec. 148. Study of streamlined lifecycle analysis tools for the evaluation of renewable carbon content of biofuels.CommentsClose CommentsPermalink
Sec. 149. Study of effects of ethanol-blended gasoline on off-road vehicles.CommentsClose CommentsPermalink
Sec. 150. Study of offshore wind resources.CommentsClose CommentsPermalink
Subtitle D--Environmental Safeguards
Sec. 161. Grants for production of advanced biofuels.CommentsClose CommentsPermalink
Sec. 162. Studies of effects of renewable fuel use.CommentsClose CommentsPermalink
Sec. 163. Integrated consideration of water quality in determinations on fuels and fuel additives.CommentsClose CommentsPermalink
Sec. 164. Anti-backsliding.CommentsClose CommentsPermalink
TITLE II--ENERGY EFFICIENCY PROMOTION
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Definition of Secretary.CommentsClose CommentsPermalink
Subtitle A--Promoting Advanced Lighting Technologies
Sec. 211. Accelerated procurement of energy efficient lighting.CommentsClose CommentsPermalink
Sec. 212. Incandescent reflector lamp efficiency standards.CommentsClose CommentsPermalink
Sec. 213. Bright Tomorrow Lighting Prizes.CommentsClose CommentsPermalink
Sec. 214. Sense of Senate concerning efficient lighting standards.CommentsClose CommentsPermalink
Sec. 215. Renewable energy construction grants.CommentsClose CommentsPermalink
Subtitle B--Expediting New Energy Efficiency Standards
Sec. 221. Definition of energy conservation standard.CommentsClose CommentsPermalink
Sec. 222. Regional efficiency standards for heating and cooling products.CommentsClose CommentsPermalink
Sec. 223. Furnace fan rulemaking.CommentsClose CommentsPermalink
Sec. 224. Expedited rulemakings.CommentsClose CommentsPermalink
Sec. 225. Periodic reviews.CommentsClose CommentsPermalink
Sec. 226. Energy efficiency labeling for consumer electronic products.CommentsClose CommentsPermalink
Sec. 227. Residential boiler efficiency standards.CommentsClose CommentsPermalink
Sec. 228. Technical corrections.CommentsClose CommentsPermalink
Sec. 229. Electric motor efficiency standards.CommentsClose CommentsPermalink
Sec. 230. Energy standards for home appliances.CommentsClose CommentsPermalink
Sec. 231. Improved energy efficiency for appliances and buildings in cold climates.CommentsClose CommentsPermalink
Sec. 232. Deployment of new technologies for high-efficiency consumer products.CommentsClose CommentsPermalink
Sec. 233. Industrial efficiency program.CommentsClose CommentsPermalink
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and Energy Storage
Sec. 241. Lightweight materials research and development.CommentsClose CommentsPermalink
Sec. 242. Loan guarantees for fuel-efficient automobile parts manufacturers.CommentsClose CommentsPermalink
Sec. 243. Advanced technology vehicles manufacturing incentive program.CommentsClose CommentsPermalink
Sec. 244. Energy storage competitiveness.CommentsClose CommentsPermalink
Sec. 245. Advanced transportation technology program.CommentsClose CommentsPermalink
Sec. 246. Inclusion of electric drive in Energy Policy Act of 1992.CommentsClose CommentsPermalink
Sec. 247. Commercial insulation demonstration program.CommentsClose CommentsPermalink
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. Oil savings plan and requirements.CommentsClose CommentsPermalink
Sec. 252. National energy efficiency improvement goals.CommentsClose CommentsPermalink
Sec. 253. National media campaign.CommentsClose CommentsPermalink
Sec. 254. Modernization of electricity grid system.CommentsClose CommentsPermalink
Sec. 255. Smart grid system report.CommentsClose CommentsPermalink
Sec. 256. Smart grid technology research, development, and demonstration.CommentsClose CommentsPermalink
Sec. 257. Smart grid interoperability framework.CommentsClose CommentsPermalink
Sec. 258. State consideration of smart grid.CommentsClose CommentsPermalink
Sec. 259. Support for energy independence of the United States.CommentsClose CommentsPermalink
Sec. 260. Energy Policy Commission.CommentsClose CommentsPermalink
Subtitle E--Promoting Federal Leadership in Energy Efficiency and Renewable Energy
Sec. 261. Federal fleet conservation requirements.CommentsClose CommentsPermalink
Sec. 262. Federal requirement to purchase electricity generated by renewable energy.CommentsClose CommentsPermalink
Sec. 263. Energy savings performance contracts.CommentsClose CommentsPermalink
Sec. 264. Energy management requirements for Federal buildings.CommentsClose CommentsPermalink
Sec. 265. Combined heat and power and district energy installations at Federal sites.CommentsClose CommentsPermalink
Sec. 266. Federal building energy efficiency performance standards.CommentsClose CommentsPermalink
Sec. 267. Application of International Energy Conservation Code to public and assisted housing.CommentsClose CommentsPermalink
Sec. 268. Energy efficient commercial buildings initiative.CommentsClose CommentsPermalink
Sec. 269. Clean energy corridors.CommentsClose CommentsPermalink
Sec. 270. Federal standby power standard.CommentsClose CommentsPermalink
Sec. 270A. Standard relating to solar hot water heaters.CommentsClose CommentsPermalink
Sec. 270B. Renewable energy innovation manufacturing partnership.CommentsClose CommentsPermalink
Sec. 270C. Express loans for renewable energy and energy efficiency.CommentsClose CommentsPermalink
Sec. 270D. Small business energy efficiency.CommentsClose CommentsPermalink
Subtitle F--Assisting State and Local Governments in Energy Efficiency
Sec. 271. Weatherization assistance for low-income persons.CommentsClose CommentsPermalink
Sec. 272. State energy conservation plans.CommentsClose CommentsPermalink
Sec. 273. Utility energy efficiency programs.CommentsClose CommentsPermalink
Sec. 274. Energy efficiency and demand response program assistance.CommentsClose CommentsPermalink
Sec. 275. Energy and environmental block grant.CommentsClose CommentsPermalink
Sec. 276. Energy sustainability and efficiency grants for institutions of higher education.CommentsClose CommentsPermalink
Sec. 277. Energy efficiency and renewable energy worker training program.CommentsClose CommentsPermalink
Sec. 278. Assistance to States to reduce school bus idling.CommentsClose CommentsPermalink
Sec. 279. Definition of State.CommentsClose CommentsPermalink
Sec. 280. Coordination of planned refinery outages.CommentsClose CommentsPermalink
Sec. 281. Technical criteria for clean coal power initiative.CommentsClose CommentsPermalink
Sec. 282. Administration.CommentsClose CommentsPermalink
Sec. 283. Offshore renewable energy.CommentsClose CommentsPermalink
Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion
Sec. 291. Definition of marine and hydrokinetic renewable energy.CommentsClose CommentsPermalink
Sec. 292. Research and development.CommentsClose CommentsPermalink
Sec. 293. National ocean energy research centers.CommentsClose CommentsPermalink
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Carbon capture and storage research, development, and demonstration program.CommentsClose CommentsPermalink
Sec. 303. Carbon dioxide storage capacity assessment.CommentsClose CommentsPermalink
Sec. 304. Carbon capture and storage initiative.CommentsClose CommentsPermalink
Sec. 305. Capitol power plant carbon dioxide emissions demonstration program.CommentsClose CommentsPermalink
Sec. 306. Assessment of carbon sequestration and methane and nitrous oxide emissions from terrestrial ecosystems.CommentsClose CommentsPermalink
Sec. 307. Abrupt climate change research program.CommentsClose CommentsPermalink
TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC BUILDINGS
Subtitle A--Public Buildings Cost Reduction
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Cost-effective and geothermal heat pump technology acceleration program.CommentsClose CommentsPermalink
Sec. 403. Environmental Protection Agency demonstration grant program for local governments.CommentsClose CommentsPermalink
Sec. 404. Definitions.CommentsClose CommentsPermalink
Subtitle B--Installation of Photovoltaic System at Department of Energy Headquarters Building
Sec. 411. Installation of photovoltaic system at Department of Energy headquarters building.CommentsClose CommentsPermalink
Subtitle C--High-Performance Green Buildings
Sec. 421. Short title.CommentsClose CommentsPermalink
Sec. 422. Findings and purposes.CommentsClose CommentsPermalink
Sec. 423. Definitions.CommentsClose CommentsPermalink
Part I--Office of High-Performance Green Buildings
Sec. 431. Oversight.CommentsClose CommentsPermalink
Sec. 432. Office of High-Performance Green Buildings.CommentsClose CommentsPermalink
Sec. 433. Green Building Advisory Committee.CommentsClose CommentsPermalink
Sec. 434. Public outreach.CommentsClose CommentsPermalink
Sec. 435. Research and development.CommentsClose CommentsPermalink
Sec. 436. Budget and life-cycle costing and contracting.CommentsClose CommentsPermalink
Sec. 437. Authorization of appropriations.CommentsClose CommentsPermalink
Part II--Healthy High-Performance Schools
Sec. 441. Definition of high-performance school.CommentsClose CommentsPermalink
Sec. 442. Grants for healthy school environments.CommentsClose CommentsPermalink
Sec. 443. Model guidelines for siting of school facilities.CommentsClose CommentsPermalink
Sec. 444. Public outreach.CommentsClose CommentsPermalink
Sec. 445. Environmental health program.CommentsClose CommentsPermalink
Sec. 446. Authorization of appropriations.CommentsClose CommentsPermalink
Part III--Strengthening Federal Leadership
Sec. 451. Incentives.CommentsClose CommentsPermalink
Sec. 452. Federal procurement.CommentsClose CommentsPermalink
Sec. 453. Federal green building performance.CommentsClose CommentsPermalink
Sec. 454. Storm water runoff requirements for Federal development projects.CommentsClose CommentsPermalink
Part IV--Demonstration Project
Sec. 461. Coordination of goals.CommentsClose CommentsPermalink
Sec. 462. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
Sec. 501. Short title.CommentsClose CommentsPermalink
Sec. 502. Average fuel economy standards for automobiles and certain other vehicles.CommentsClose CommentsPermalink
Sec. 503. Amending Fuel Economy Standards.CommentsClose CommentsPermalink
Sec. 504. Definitions.CommentsClose CommentsPermalink
Sec. 505. Ensuring safety of automobiles.CommentsClose CommentsPermalink
Sec. 506. Credit Trading Program.CommentsClose CommentsPermalink
Sec. 507. Labels for fuel economy and greenhouse gas emissions.CommentsClose CommentsPermalink
Sec. 508. Continued applicability of existing standards.CommentsClose CommentsPermalink
Sec. 509. National Academy of Sciences Studies.CommentsClose CommentsPermalink
Sec. 510. Standards for Executive agency automobiles.CommentsClose CommentsPermalink
Sec. 511. Increasing Consumer Awareness of Flexible Fuel Automobiles.CommentsClose CommentsPermalink
Sec. 512. Periodic review of accuracy of fuel economy labeling procedures.CommentsClose CommentsPermalink
Sec. 513. Tire fuel efficiency consumer information.CommentsClose CommentsPermalink
Sec. 514. Advanced Battery Initiative.CommentsClose CommentsPermalink
Sec. 515. Biodiesel standards.CommentsClose CommentsPermalink
Sec. 516. Use of Civil Penalties for research and development.CommentsClose CommentsPermalink
Sec. 517. Energy Security Fund and Alternative Fuel Grant Program.CommentsClose CommentsPermalink
Sec. 518. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 519. Application with Clean Air Act.CommentsClose CommentsPermalink
Sec. 520. Alternative fuel vehicle action plan.CommentsClose CommentsPermalink
Sec. 521. Study of the adequacy of transportation of domestically-produced renewable fuel by railroads and other modes of transportation.CommentsClose CommentsPermalink
TITLE VI--PRICE GOUGING
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Definitions.CommentsClose CommentsPermalink
Sec. 603. Prohibition on price gouging during energy emergencies.CommentsClose CommentsPermalink
Sec. 604. Prohibition on market manipulation.CommentsClose CommentsPermalink
Sec. 605. Prohibition on false information.CommentsClose CommentsPermalink
Sec. 606. Presidential declaration of energy emergency.CommentsClose CommentsPermalink
Sec. 607. Enforcement by the Federal Trade Commission.CommentsClose CommentsPermalink
Sec. 608. Enforcement by State Attorneys General.CommentsClose CommentsPermalink
Sec. 609. Penalties.CommentsClose CommentsPermalink
Sec. 610. Effect on other laws.CommentsClose CommentsPermalink
TITLE VII--ENERGY DIPLOMACY AND SECURITY
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Definitions.CommentsClose CommentsPermalink
Sec. 703. Sense of Congress on energy diplomacy and security.CommentsClose CommentsPermalink
Sec. 704. Strategic energy partnerships.CommentsClose CommentsPermalink
Sec. 705. International energy crisis response mechanisms.CommentsClose CommentsPermalink
Sec. 706. Hemisphere energy cooperation forum.CommentsClose CommentsPermalink
Sec. 707. National Security Council reorganization.CommentsClose CommentsPermalink
Sec. 708. Annual national energy security strategy report.CommentsClose CommentsPermalink
Sec. 709. Appropriate congressional committees defined.CommentsClose CommentsPermalink
Sec. 710. No Oil Producing and Exporting Cartels Act of 2007.CommentsClose CommentsPermalink
Sec. 711. Convention on Supplementary Compensation for Nuclear Damage contingent cost allocation.CommentsClose CommentsPermalink
TITLE VIII--MISCELLANEOUS
Sec. 801. Study of the effect of private wire laws on the development of combined heat and power facilities.CommentsClose CommentsPermalink
TITLE IX--RENEWABLE PORTFOLIO STANDARD
Sec. 801. Renewable portfolio standard.CommentsClose CommentsPermalink
SEC. 2. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an amendment made by this Act, nothing in this Act or an amendment made by this Act supersedes, limits the authority provided or responsibility conferred by, or authorizes any violation of any provision of law (including a regulation), including any energy or environmental law or regulation.CommentsClose CommentsPermalink
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
SEC. 101. SHORT TITLE.
This title may be cited as the `Biofuels for Energy Security and Transportation Act of 2007'.CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) ADVANCED BIOFUEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `advanced biofuel' means fuel derived from renewable biomass other than corn starch.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `advanced biofuel' includes--CommentsClose CommentsPermalink
(i) ethanol derived from cellulose, hemicellulose, or lignin;CommentsClose CommentsPermalink
(ii) ethanol derived from sugar or starch, other than ethanol derived from corn starch;CommentsClose CommentsPermalink
(iii) ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste;CommentsClose CommentsPermalink
(iv) diesel-equivalent fuel derived from renewable biomass, including vegetable oil and animal fat;CommentsClose CommentsPermalink
(v) biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass;CommentsClose CommentsPermalink
(vi) butanol or other alcohols produced through the conversion of organic matter from renewable biomass; andCommentsClose CommentsPermalink
(vii) other fuel derived from cellulosic biomass.CommentsClose CommentsPermalink
(2) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol' means ethanol derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass.CommentsClose CommentsPermalink
(3) CONVENTIONAL BIOFUEL- The term `conventional biofuel' means ethanol derived from corn starch.CommentsClose CommentsPermalink
(4) RENEWABLE BIOMASS- The term `renewable biomass' means--CommentsClose CommentsPermalink
(A) nonmerchantable materials or precommercial thinnings that--CommentsClose CommentsPermalink
(i) are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed--CommentsClose CommentsPermalink
(I) to reduce hazardous fuels;CommentsClose CommentsPermalink
(II) to reduce or contain disease or insect infestation; orCommentsClose CommentsPermalink
(III) to restore forest health;CommentsClose CommentsPermalink
(ii) would not otherwise be used for higher-value products; andCommentsClose CommentsPermalink
(iii) are harvested from National Forest System land or public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
(I) where permitted by law; andCommentsClose CommentsPermalink
(II) in accordance with--CommentsClose CommentsPermalink
(aa) applicable land management plans; andCommentsClose CommentsPermalink
(bb) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) and the requirements for large-tree retention of subsection (f) of section 102 of the Healthy Forests Restoration Act of 2003 (
(B) any organic matter that is available on a renewable or recurring basis from non-Federal land or from land belonging to an Indian tribe, or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink
(i) renewable plant material, including--CommentsClose CommentsPermalink
(I) feed grains;CommentsClose CommentsPermalink
(II) other agricultural commodities;CommentsClose CommentsPermalink
(III) other plants and trees; andCommentsClose CommentsPermalink
(IV) algae; andCommentsClose CommentsPermalink
(ii) waste material, including--CommentsClose CommentsPermalink
(I) crop residue;CommentsClose CommentsPermalink
(II) other vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
(III) animal waste and byproducts (including fats, oils, greases, and manure); andCommentsClose CommentsPermalink
(IV) food waste and yard waste.CommentsClose CommentsPermalink
(5) RENEWABLE FUEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `renewable fuel' means motor vehicle fuel or home heating fuel that is--CommentsClose CommentsPermalink
(i) produced from renewable biomass; andCommentsClose CommentsPermalink
(ii) used to replace or reduce the quantity of fossil fuel present in a fuel or fuel mixture used to operate a motor vehicle or furnace.CommentsClose CommentsPermalink
(B) INCLUSION- The term `renewable fuel' includes--CommentsClose CommentsPermalink
(i) conventional biofuel; andCommentsClose CommentsPermalink
(ii) advanced biofuel.CommentsClose CommentsPermalink
(6) SECRETARY- The term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink
(7) SMALL REFINERY- The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.CommentsClose CommentsPermalink
Subtitle A--Renewable Fuel Standard
SEC. 111. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program-CommentsClose CommentsPermalink
(1) REGULATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the President shall promulgate regulations to ensure that motor vehicle fuel and home heating oil sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with paragraph (2).CommentsClose CommentsPermalink
(B) PROVISIONS OF REGULATIONS- Regardless of the date of promulgation, the regulations promulgated under subparagraph (A)--CommentsClose CommentsPermalink
(i) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that--CommentsClose CommentsPermalink
(I) the requirements of this subsection are met; andCommentsClose CommentsPermalink
(II) renewable fuels produced from facilities that commence operations after the date of enactment of this Act achieve at least a 20 percent reduction in life cycle greenhouse gas emissions compared to gasoline; butCommentsClose CommentsPermalink
(ii) shall not--CommentsClose CommentsPermalink
(I) restrict geographic areas in the contiguous United States in which renewable fuel may be used; orCommentsClose CommentsPermalink
(II) impose any per-gallon obligation for the use of renewable fuel.CommentsClose CommentsPermalink
(C) RELATIONSHIP TO OTHER REGULATIONS- Regulations promulgated under this paragraph shall, to the maximum extent practicable, incorporate the program structure, compliance, and reporting requirements established under the final regulations promulgated to implement the renewable fuel program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (
(2) APPLICABLE VOLUME-CommentsClose CommentsPermalink
(A) CALENDAR YEARS 2008 THROUGH 2022-CommentsClose CommentsPermalink
(i) RENEWABLE FUEL- For the purpose of paragraph (1), subject to clause (ii), the applicable volume for any of calendar years 2008 through 2022 shall be determined in accordance with the following table:CommentsClose CommentsPermalink
8.5CommentsClose CommentsPermalink
10.5CommentsClose CommentsPermalink
12.0CommentsClose CommentsPermalink
12.6CommentsClose CommentsPermalink
13.2CommentsClose CommentsPermalink
13.8CommentsClose CommentsPermalink
14.4CommentsClose CommentsPermalink
15.0CommentsClose CommentsPermalink
18.0CommentsClose CommentsPermalink
21.0CommentsClose CommentsPermalink
24.0CommentsClose CommentsPermalink
27.0CommentsClose CommentsPermalink
30.0CommentsClose CommentsPermalink
33.0CommentsClose CommentsPermalink
36.0.CommentsClose CommentsPermalink
(ii) ADVANCED BIOFUELS- For the purpose of paragraph (1), of the volume of renewable fuel required under clause (i), the applicable volume for any of calendar years 2016 through 2022 for advanced biofuels shall be determined in accordance with the following table:CommentsClose CommentsPermalink
3.0CommentsClose CommentsPermalink
6.0CommentsClose CommentsPermalink
9.0CommentsClose CommentsPermalink
12.0CommentsClose CommentsPermalink
15.0CommentsClose CommentsPermalink
18.0CommentsClose CommentsPermalink
21.0.CommentsClose CommentsPermalink
(B) CALENDAR YEAR 2023 AND THEREAFTER- Subject to subparagraph (C), for the purposes of paragraph (1), the applicable volume for calendar year 2023 and each calendar year thereafter shall be determined by the President, in coordination with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2007 through 2022, including a review of--CommentsClose CommentsPermalink
(i) the impact of renewable fuels on the energy security of the United States;CommentsClose CommentsPermalink
(ii) the expected annual rate of future production of renewable fuels, including advanced biofuels;CommentsClose CommentsPermalink
(iii) the impact of renewable fuels on the infrastructure of the United States, including deliverability of materials, goods, and products other than renewable fuel, and the sufficiency of infrastructure to deliver renewable fuel; andCommentsClose CommentsPermalink
(iv) the impact of the use of renewable fuels on other factors, including job creation, the price and supply of agricultural commodities, rural economic development, and the environment.CommentsClose CommentsPermalink
(C) MINIMUM APPLICABLE VOLUME- Subject to subparagraph (D), for the purpose of paragraph (1), the applicable volume for calendar year 2023 and each calendar year thereafter shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink
(i) the number of gallons of gasoline that the President estimates will be sold or introduced into commerce in the calendar year; andCommentsClose CommentsPermalink
(ii) the ratio that--CommentsClose CommentsPermalink
(I) 36,000,000,000 gallons of renewable fuel; bears toCommentsClose CommentsPermalink
(II) the number of gallons of gasoline sold or introduced into commerce in calendar year 2022.CommentsClose CommentsPermalink
(D) MINIMUM PERCENTAGE OF ADVANCED BIOFUEL- For the purpose of paragraph (1) and subparagraph (C), at least 60 percent of the minimum applicable volume for calendar year 2023 and each calendar year thereafter shall be advanced biofuel.CommentsClose CommentsPermalink
(b) Applicable Percentages-CommentsClose CommentsPermalink
(1) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE SALES- Not later than October 31 of each of calendar years 2008 through 2021, the Administrator of the Energy Information Administration shall provide to the President an estimate, with respect to the following calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States.CommentsClose CommentsPermalink
(2) DETERMINATION OF APPLICABLE PERCENTAGES-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than November 30 of each of calendar years 2008 through 2022, based on the estimate provided under paragraph (1), the President shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of subsection (a) are met.CommentsClose CommentsPermalink
(B) REQUIRED ELEMENTS- The renewable fuel obligation determined for a calendar year under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) be applicable to refineries, blenders, and importers, as appropriate;CommentsClose CommentsPermalink
(ii) be expressed in terms of a volume percentage of gasoline sold or introduced into commerce in the United States; andCommentsClose CommentsPermalink
(iii) subject to paragraph (3)(A), consist of a single applicable percentage that applies to all categories of persons specified in clause (i).CommentsClose CommentsPermalink
(3) ADJUSTMENTS- In determining the applicable percentage for a calendar year, the President shall make adjustments--CommentsClose CommentsPermalink
(A) to prevent the imposition of redundant obligations on any person specified in paragraph (2)(B)(i); andCommentsClose CommentsPermalink
(B) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under subsection (g).CommentsClose CommentsPermalink
(c) Volume Conversion Factors for Renewable Fuels Based on Energy Content or Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- For the purpose of subsection (a), the President shall assign values to specific types of advanced biofuels for the purpose of satisfying the fuel volume requirements of subsection (a)(2) in accordance with this subsection.CommentsClose CommentsPermalink
(2) ENERGY CONTENT RELATIVE TO ETHANOL- For advanced biofuel, 1 gallon of the advanced biofuel shall be considered to be the equivalent of 1 gallon of renewable fuel multiplied by the ratio that--CommentsClose CommentsPermalink
(A) the number of British thermal units of energy produced by the combustion of 1 gallon of the advanced biofuel (as measured under conditions determined by the Secretary); bears toCommentsClose CommentsPermalink
(B) the number of British thermal units of energy produced by the combustion of 1 gallon of pure ethanol (as measured under conditions determined by the Secretary to be comparable to conditions described in subparagraph (A)).CommentsClose CommentsPermalink
(3) TRANSITIONAL ENERGY-RELATED CONVERSION FACTORS FOR CELLULOSIC BIOMASS ETHANOL- For any of calendar years 2008 through 2015, 1 gallon of cellulosic biomass ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.CommentsClose CommentsPermalink
(d) Credit Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall implement a credit program to manage the renewable fuel requirement of this section in a manner consistent with the credit program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (
(2) MARKET TRANSPARENCY- In carrying out the credit program under this subsection, the President shall facilitate price transparency in markets for the sale and trade of credits, with due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers and agricultural producers.CommentsClose CommentsPermalink
(e) Seasonal Variations in Renewable Fuel Use-CommentsClose CommentsPermalink
(1) STUDY- For each of calendar years 2008 through 2022, the Administrator of the Energy Information Administration shall conduct a study of renewable fuel blending to determine whether there are excessive seasonal variations in the use of renewable fuel.CommentsClose CommentsPermalink
(2) REGULATION OF EXCESSIVE SEASONAL VARIATIONS- If, for any calendar year, the Administrator of the Energy Information Administration, based on the study under paragraph (1), makes the determinations specified in paragraph (3), the President shall promulgate regulations to ensure that 25 percent or more of the quantity of renewable fuel necessary to meet the requirements of subsection (a) is used during each of the 2 periods specified in paragraph (4) of each subsequent calendar year.CommentsClose CommentsPermalink
(3) DETERMINATIONS- The determinations referred to in paragraph (2) are that--CommentsClose CommentsPermalink
(A) less than 25 percent of the quantity of renewable fuel necessary to meet the requirements of subsection (a) has been used during 1 of the 2 periods specified in paragraph (4) of the calendar year;CommentsClose CommentsPermalink
(B) a pattern of excessive seasonal variation described in subparagraph (A) will continue in subsequent calendar years; andCommentsClose CommentsPermalink
(C) promulgating regulations or other requirements to impose a 25 percent or more seasonal use of renewable fuels will not significantly--CommentsClose CommentsPermalink
(i) increase the price of motor fuels to the consumer; orCommentsClose CommentsPermalink
(ii) prevent or interfere with the attainment of national ambient air quality standards.CommentsClose CommentsPermalink
(4) PERIODS- The 2 periods referred to in this subsection are--CommentsClose CommentsPermalink
(A) April through September; andCommentsClose CommentsPermalink
(B) January through March and October through December.CommentsClose CommentsPermalink
(f) Waivers-CommentsClose CommentsPermalink
(1) IN GENERAL- The President, in consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, may waive the requirements of subsection (a) in whole or in part on petition by one or more States by reducing the national quantity of renewable fuel required under subsection (a), based on a determination by the President (after public notice and opportunity for comment), that--CommentsClose CommentsPermalink
(A) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; orCommentsClose CommentsPermalink
(B) extreme and unusual circumstances exist that prevent distribution of an adequate supply of domestically-produced renewable fuel to consumers in the United States.CommentsClose CommentsPermalink
(2) PETITIONS FOR WAIVERS- The President, in consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, shall approve or disapprove a State petition for a waiver of the requirements of subsection (a) within 30 days after the date on which the petition is received by the President.CommentsClose CommentsPermalink
(3) TERMINATION OF WAIVERS- A waiver granted under paragraph (1) shall terminate after 1 year, but may be renewed by the President after consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(g) Small Refineries-CommentsClose CommentsPermalink
(1) TEMPORARY EXEMPTION-CommentsClose CommentsPermalink
(A) IN GENERAL- The requirements of subsection (a) shall not apply to--CommentsClose CommentsPermalink
(i) small refineries (other than a small refinery described in clause (ii)) until calendar year 2013; andCommentsClose CommentsPermalink
(ii) small refineries owned by a small business refiner (as defined in section 45H(c) of the Internal Revenue Code of 1986) until calendar year 2015.CommentsClose CommentsPermalink
(B) EXTENSION OF EXEMPTION-CommentsClose CommentsPermalink
(i) STUDY BY SECRETARY- Not later than December 31, 2008, the Secretary shall submit to the President and Congress a report describing the results of a study to determine whether compliance with the requirements of subsection (a) would impose a disproportionate economic hardship on small refineries.CommentsClose CommentsPermalink
(ii) EXTENSION OF EXEMPTION- In the case of a small refinery that the Secretary determines under clause (i) would be subject to a disproportionate economic hardship if required to comply with subsection (a), the President shall extend the exemption under subparagraph (A) for the small refinery for a period of not less than 2 additional years.CommentsClose CommentsPermalink
(2) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC HARDSHIP-CommentsClose CommentsPermalink
(A) EXTENSION OF EXEMPTION- A small refinery may at any time petition the President for an extension of the exemption under paragraph (1) for the reason of disproportionate economic hardship.CommentsClose CommentsPermalink
(B) EVALUATION OF PETITIONS- In evaluating a petition under subparagraph (A), the President, in consultation with the Secretary, shall consider the findings of the study under paragraph (1)(B) and other economic factors.CommentsClose CommentsPermalink
(C) DEADLINE FOR ACTION ON PETITIONS- The President shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition.CommentsClose CommentsPermalink
(3) OPT-IN FOR SMALL REFINERIES- A small refinery shall be subject to the requirements of subsection (a) if the small refinery notifies the President that the small refinery waives the exemption under paragraph (1).CommentsClose CommentsPermalink
(h) Penalties and Enforcement-CommentsClose CommentsPermalink
(1) CIVIL PENALTIES-CommentsClose CommentsPermalink
(A) IN GENERAL- Any person that violates a regulation promulgated under subsection (a), or that fails to furnish any information required under such a regulation, shall be liable to the United States for a civil penalty of not more than the total of--CommentsClose CommentsPermalink
(i) $25,000 for each day of the violation; andCommentsClose CommentsPermalink
(ii) the amount of economic benefit or savings received by the person resulting from the violation, as determined by the President.CommentsClose CommentsPermalink
(B) COLLECTION- Civil penalties under subparagraph (A) shall be assessed by, and collected in a civil action brought by, the Secretary or such other officer of the United States as is designated by the President.CommentsClose CommentsPermalink
(2) INJUNCTIVE AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The district courts of the United States shall have jurisdiction to--CommentsClose CommentsPermalink
(i) restrain a violation of a regulation promulgated under subsection (a);CommentsClose CommentsPermalink
(ii) award other appropriate relief; andCommentsClose CommentsPermalink
(iii) compel the furnishing of information required under the regulation.CommentsClose CommentsPermalink
(B) ACTIONS- An action to restrain such violations and compel such actions shall be brought by and in the name of the United States.CommentsClose CommentsPermalink
(C) SUBPOENAS- In the action, a subpoena for a witness who is required to attend a district court in any district may apply in any other district.CommentsClose CommentsPermalink
(i) Voluntary Labeling Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall establish criteria for a system of voluntary labeling of renewable fuels based on life cycle greenhouse gas emissions.CommentsClose CommentsPermalink
(2) CONSUMER EDUCATION- The President shall ensure that the labeling system under this subsection provides useful information to consumers making fuel purchases.CommentsClose CommentsPermalink
(3) FLEXIBILITY- In carrying out this subsection, the President may establish more than 1 label, as appropriate.CommentsClose CommentsPermalink
(j) Study of Impact of Renewable Fuel Standard-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to assess the impact of the requirements described in subsection (a)(2) on each industry relating to the production of feed grains, livestock, food, and energy.CommentsClose CommentsPermalink
(2) PARTICIPATION- In conducting the study under paragraph (1), the National Academy of Sciences shall seek the participation, and consider the input, of--CommentsClose CommentsPermalink
(A) producers of feed grains;CommentsClose CommentsPermalink
(B) producers of livestock, poultry, and pork products;CommentsClose CommentsPermalink
(C) producers of food and food products;CommentsClose CommentsPermalink
(D) producers of energy;CommentsClose CommentsPermalink
(E) individuals and entities interested in issues relating to conservation, the environment, and nutrition; andCommentsClose CommentsPermalink
(F) users of renewable fuels.CommentsClose CommentsPermalink
(3) CONSIDERATIONS- In conducting the study, the National Academy of Sciences shall consider--CommentsClose CommentsPermalink
(A) the likely impact on domestic animal agriculture feedstocks that, in any crop year, are significantly below current projections; andCommentsClose CommentsPermalink
(B) policy options to alleviate the impact on domestic animal agriculture feedstocks that are significantly below current projections.CommentsClose CommentsPermalink
(4) COMPONENTS- The study shall include--CommentsClose CommentsPermalink
(A) a description of the conditions under which the requirements described in subsection (a)(2) should be suspended or reduced to prevent adverse impacts to domestic animal agriculture feedstocks described in paragraph (3)(B); andCommentsClose CommentsPermalink
(B) recommendations for the means by which the Federal Government could prevent or minimize adverse economic hardships and impacts.CommentsClose CommentsPermalink
(5) DEADLINE FOR COMPLETION OF STUDY- Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study.CommentsClose CommentsPermalink
(6) PERIODIC REVIEWS-CommentsClose CommentsPermalink
(A) IN GENERAL- To allow for the appropriate adjustment of the requirements described in subsection (a)(2), the Secretary shall conduct periodic reviews of--CommentsClose CommentsPermalink
(i) existing technologies;CommentsClose CommentsPermalink
(ii) the feasibility of achieving compliance with the requirements; andCommentsClose CommentsPermalink
(iii) the impacts of the requirements described in subsection (a)(2) on each individual and entity described in paragraph (2).CommentsClose CommentsPermalink
(k) Effective Date- Except as otherwise specifically provided in this section, this section takes effect on the date on which the National Academies of Science completes the study under subsection (j).CommentsClose CommentsPermalink
SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE ENERGY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FACILITY- The term `facility' means a facility used for the production of renewable fuel.CommentsClose CommentsPermalink
(2) RENEWABLE ENERGY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `renewable energy' has the meaning given the term in section 203(b) of the Energy Policy Act of 2005 (
(B) INCLUSION- The term `renewable energy' includes biogas produced through the conversion of organic matter from renewable biomass.CommentsClose CommentsPermalink
(b) Additional Credit-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall provide a credit under the program established under section 111(d) to the owner of a facility that uses renewable energy to displace more than 90 percent of the fossil fuel normally used in the production of renewable fuel.CommentsClose CommentsPermalink
(2) CREDIT AMOUNT- The President may provide the credit in a quantity that is not more than the equivalent of 1.5 gallons of renewable fuel for each gallon of renewable fuel produced in a facility described in paragraph (1).CommentsClose CommentsPermalink
SEC. 113. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE RESOURCES TO GENERATE ENERGY.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the United States has a quantity of renewable energy resources that is sufficient to supply a significant portion of the energy needs of the United States;CommentsClose CommentsPermalink
(2) the agricultural, forestry, and working land of the United States can help ensure a sustainable domestic energy system;CommentsClose CommentsPermalink
(3) accelerated development and use of renewable energy technologies provide numerous benefits to the United States, including improved national security, improved balance of payments, healthier rural economies, improved environmental quality, and abundant, reliable, and affordable energy for all citizens of the United States;CommentsClose CommentsPermalink
(4) the production of transportation fuels from renewable energy would help the United States meet rapidly growing domestic and global energy demands, reduce the dependence of the United States on energy imported from volatile regions of the world that are politically unstable, stabilize the cost and availability of energy, and safeguard the economy and security of the United States;CommentsClose CommentsPermalink
(5) increased energy production from domestic renewable resources would attract substantial new investments in energy infrastructure, create economic growth, develop new jobs for the citizens of the United States, and increase the income for farm, ranch, and forestry jobs in the rural regions of the United States;CommentsClose CommentsPermalink
(6) increased use of renewable energy is practical and can be cost effective with the implementation of supportive policies and proper incentives to stimulate markets and infrastructure; andCommentsClose CommentsPermalink
(7) public policies aimed at enhancing renewable energy production and accelerating technological improvements will further reduce energy costs over time and increase market demand.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that it is the goal of the United States that, not later than January 1, 2025, the agricultural, forestry, and working land of the United States should--CommentsClose CommentsPermalink
(1) provide from renewable resources not less than 25 percent of the total energy consumed in the United States; andCommentsClose CommentsPermalink
(2) continue to produce safe, abundant, and affordable food, feed, and fiber.CommentsClose CommentsPermalink
Subtitle B--Renewable Fuels Infrastructure
SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.
(a) In General- The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall establish a competitive grant pilot program (referred to in this section as the `pilot program'), to be administered through the Vehicle Technology Deployment Program of the Department of Energy, to provide not more than 10 geographically-dispersed project grants to State governments, Indian tribal governments, local governments, metropolitan transportation authorities, or partnerships of those entities to carry out 1 or more projects for the purposes described in subsection (b).CommentsClose CommentsPermalink
(b) Grant Purposes- A grant under this section shall be used for the establishment of refueling infrastructure corridors, as designated by the Secretary, for gasoline blends that contain not less than 11 percent, and not more than 85 percent, renewable fuel or diesel fuel that contains at least 10 percent renewable fuel, including--CommentsClose CommentsPermalink
(1) installation of infrastructure and equipment necessary to ensure adequate distribution of renewable fuels within the corridor;CommentsClose CommentsPermalink
(2) installation of infrastructure and equipment necessary to directly support vehicles powered by renewable fuels; andCommentsClose CommentsPermalink
(3) operation and maintenance of infrastructure and equipment installed as part of a project funded by the grant.CommentsClose CommentsPermalink
(c) Applications-CommentsClose CommentsPermalink
(1) REQUIREMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), not later than 90 days after the date of enactment of this Act, the Secretary shall issue requirements for use in applying for grants under the pilot program.CommentsClose CommentsPermalink
(B) MINIMUM REQUIREMENTS- At a minimum, the Secretary shall require that an application for a grant under this section--CommentsClose CommentsPermalink
(i) be submitted by--CommentsClose CommentsPermalink
(I) the head of a State, tribal, or local government or a metropolitan transportation authority, or any combination of those entities; andCommentsClose CommentsPermalink
(II) a registered participant in the Vehicle Technology Deployment Program of the Department of Energy; andCommentsClose CommentsPermalink
(ii) include--CommentsClose CommentsPermalink
(I) a description of the project proposed in the application, including the ways in which the project meets the requirements of this section;CommentsClose CommentsPermalink
(II) an estimate of the degree of use of the project, including the estimated size of fleet of vehicles operated with renewable fuel available within the geographic region of the corridor, measured as a total quantity and a percentage;CommentsClose CommentsPermalink
(III) an estimate of the potential petroleum displaced as a result of the project (measured as a total quantity and a percentage), and a plan to collect and disseminate petroleum displacement and other relevant data relating to the project to be funded under the grant, over the expected life of the project;CommentsClose CommentsPermalink
(IV) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;CommentsClose CommentsPermalink
(V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; andCommentsClose CommentsPermalink
(VI) a description of which costs of the project will be supported by Federal assistance under this subsection.CommentsClose CommentsPermalink
(2) PARTNERS- An applicant under paragraph (1) may carry out a project under the pilot program in partnership with public and private entities.CommentsClose CommentsPermalink
(d) Selection Criteria- In evaluating applications under the pilot program, the Secretary shall--CommentsClose CommentsPermalink
(1) consider the experience of each applicant with previous, similar projects; andCommentsClose CommentsPermalink
(2) give priority consideration to applications that--CommentsClose CommentsPermalink
(A) are most likely to maximize displacement of petroleum consumption, measured as a total quantity and a percentage;CommentsClose CommentsPermalink
(B) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of advanced biofuels;CommentsClose CommentsPermalink
(C) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subsection is completed;CommentsClose CommentsPermalink
(D) represent a partnership of public and private entities; andCommentsClose CommentsPermalink
(E) exceed the minimum requirements of subsection (c)(1)(B).CommentsClose CommentsPermalink
(e) Pilot Project Requirements-CommentsClose CommentsPermalink
(1) MAXIMUM AMOUNT- The Secretary shall provide not more than $20,000,000 in Federal assistance under the pilot program to any applicant.CommentsClose CommentsPermalink
(2) COST SHARING- The non-Federal share of the cost of any activity relating to renewable fuel infrastructure development carried out using funds from a grant under this section shall be not less than 20 percent.CommentsClose CommentsPermalink
(3) MAXIMUM PERIOD OF GRANTS- The Secretary shall not provide funds to any applicant under the pilot program for more than 2 years.CommentsClose CommentsPermalink
(4) DEPLOYMENT AND DISTRIBUTION- The Secretary shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of project sites funded by grants under this section.CommentsClose CommentsPermalink
(5) TRANSFER OF INFORMATION AND KNOWLEDGE- The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.CommentsClose CommentsPermalink
(f) Schedule-CommentsClose CommentsPermalink
(1) INITIAL GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for applications to carry out projects under the pilot program.CommentsClose CommentsPermalink
(B) DEADLINE- An application described in subparagraph (A) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that subparagraph.CommentsClose CommentsPermalink
(C) INITIAL SELECTION- Not later than 90 days after the date by which applications for grants are due under subparagraph (B), the Secretary shall select by competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the pilot program.CommentsClose CommentsPermalink
(2) ADDITIONAL GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for additional applications to carry out projects under the pilot program that incorporate the information and knowledge obtained through the implementation of the first round of projects authorized under the pilot program.CommentsClose CommentsPermalink
(B) DEADLINE- An application described in subparagraph (A) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that subparagraph.CommentsClose CommentsPermalink
(C) INITIAL SELECTION- Not later than 90 days after the date by which applications for grants are due under subparagraph (B), the Secretary shall select by competitive, peer-reviewed proposal such additional applications for projects to be awarded a grant under the pilot program as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(g) Reports to Congress-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 60 days after the date on which grants are awarded under this section, the Secretary shall submit to Congress a report containing--CommentsClose CommentsPermalink
(A) an identification of the grant recipients and a description of the projects to be funded under the pilot program;CommentsClose CommentsPermalink
(B) an identification of other applicants that submitted applications for the pilot program but to which funding was not provided; andCommentsClose CommentsPermalink
(C) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.CommentsClose CommentsPermalink
(2) EVALUATION- Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including an assessment of the petroleum displacement and benefits to the environment derived from the projects included in the pilot program.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $200,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 931(c) of the Energy Policy Act of 2005 (
(1) in paragraph (2), by striking `$251,000,000' and inserting `$377,000,000'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by striking `$274,000,000' and inserting `$398,000,000'.CommentsClose CommentsPermalink
SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (
SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.
(a) In General- Section 1703 of the Energy Policy Act of 2005 (
`(f) Renewable Fuel Facilities-CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) ISSUANCE OF FIRST LOAN GUARANTEES- The requirement of section 20320(b) of division B of the Continuing Appropriations Resolution, 2007 (
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).'.CommentsClose CommentsPermalink
(b) Improvements to Underlying Loan Guarantee Authority-CommentsClose CommentsPermalink
(1) DEFINITION OF COMMERCIAL TECHNOLOGY- Section 1701(1) of the Energy Policy Act of 2005 (
`(B) EXCLUSION- The term `commercial technology' does not include a technology if the sole use of the technology is in connection with--CommentsClose CommentsPermalink
`(i) a demonstration plant; orCommentsClose CommentsPermalink
`(ii) a project for which the Secretary approved a loan guarantee.'.CommentsClose CommentsPermalink
(2) SPECIFIC APPROPRIATION OR CONTRIBUTION- Section 1702 of the Energy Policy Act of 2005 (
`(b) Specific Appropriation or Contribution-CommentsClose CommentsPermalink
`(1) IN GENERAL- No guarantee shall be made unless--CommentsClose CommentsPermalink
`(A) an appropriation for the cost has been made; orCommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(3) RELATION TO OTHER LAWS- Section 504(b) of the Federal Credit Reform Act of 1990 (
(3) AMOUNT- Section 1702 of the Energy Policy Act of 2005 (
`(c) Amount-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(4) SUBROGATION- Section 1702(g)(2) of the Energy Policy Act of 2005 (
(A) by striking subparagraph (B); andCommentsClose CommentsPermalink
(B) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink
(5) FEES- Section 1702(h) of the Energy Policy Act of 2005 (
`(2) AVAILABILITY- Fees collected under this subsection shall--CommentsClose CommentsPermalink
`(A) be deposited by the Secretary into a special fund in the Treasury to be known as the `Incentives For Innovative Technologies Fund'; andCommentsClose CommentsPermalink
`(B) remain available to the Secretary for expenditure, without further appropriation or fiscal year limitation, for administrative expenses incurred in carrying out this title.'.CommentsClose CommentsPermalink
SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT IN CERTAIN STATES.
(a) In General- The Secretary shall provide grants to eligible entities to conduct research into, and develop and implement, renewable fuel production technologies in States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol, as determined by the Secretary.CommentsClose CommentsPermalink
(b) Eligibility- To be eligible to receive a grant under the section, an entity shall--CommentsClose CommentsPermalink
(1)(A) be an institution of higher education (as defined in section 2 of the Energy Policy Act of 2005 (
(B) be an institution--CommentsClose CommentsPermalink
(i) referred to in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (
(ii) that is eligible for a grant under the Tribally Controlled College or University Assistance Act of 1978 (
(iii) that is eligible for a grant under the Navajo Community College Act (
(C) be a consortium of such institutions of higher education, industry, State agencies, Indian tribal agencies, or local government agencies located in the State; andCommentsClose CommentsPermalink
(2) have proven experience and capabilities with relevant technologies.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink
SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF BIOMASS TO LOCAL BIOREFINERIES.
(a) In General- The Secretary shall conduct a program under which the Secretary shall provide grants to Indian tribal and local governments and other eligible entities (as determined by the Secretary) (referred to in this section as `eligible entities') to promote the development of infrastructure to support the separation, production, processing, and transportation of biomass to local biorefineries, including by portable processing equipment.CommentsClose CommentsPermalink
(b) Phases- The Secretary shall conduct the program in the following phases:CommentsClose CommentsPermalink
(1) DEVELOPMENT- In the first phase of the program, the Secretary shall make grants to eligible entities to assist the eligible entities in the development of local projects to promote the development of infrastructure to support the separation, production, processing, and transportation of biomass to local biorefineries, including by portable processing equipment.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- In the second phase of the program, the Secretary shall make competitive grants to eligible entities to implement projects developed under paragraph (1).CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 127. BIOREFINERY INFORMATION CENTER.
(a) In General- The Secretary, in cooperation with the Secretary of Agriculture, shall establish a biorefinery information center to make available to interested parties information on--CommentsClose CommentsPermalink
(1) renewable fuel resources, including information on programs and incentives for renewable fuels;CommentsClose CommentsPermalink
(2) renewable fuel producers;CommentsClose CommentsPermalink
(3) renewable fuel users; andCommentsClose CommentsPermalink
(4) potential renewable fuel users.CommentsClose CommentsPermalink
(b) Administration- In administering the biorefinery information center, the Secretary shall--CommentsClose CommentsPermalink
(1) continually update information provided by the center;CommentsClose CommentsPermalink
(2) make information available to interested parties on the process for establishing a biorefinery; andCommentsClose CommentsPermalink
(3) make information and assistance provided by the center available through a toll-free telephone number and website.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.
The Secretary and the Director of the National Institute of Standards and Technology shall jointly establish and make available to the public--CommentsClose CommentsPermalink
(1) a database that describes the physical properties of different types of alternative fuel; andCommentsClose CommentsPermalink
(2) standard reference materials for different types of alternative fuel.CommentsClose CommentsPermalink
SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.
Section 406(a) of the Energy Policy Act of 1992 (
(1) by striking `The Federal Trade Commission' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- The Federal Trade Commission'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
SEC. 130. BIODIESEL.
(a) In General- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 5 percent the proportion of diesel fuel sold in the United States that is biodiesel (as defined in section 757 of the Energy Policy Act of 2005 (
(b) Regulations- The President shall promulgate regulations providing for the uniform labeling of biodiesel blends that are certified to meet applicable standards published by the American Society for Testing and Materials.CommentsClose CommentsPermalink
(c) National Biodiesel Fuel Quality Standard-CommentsClose CommentsPermalink
(1) QUALITY REGULATIONS- Not later than 180 days after the date of enactment of this Act, the President shall promulgate regulations to ensure that each diesel-equivalent fuel derived from renewable biomass and introduced into interstate commerce is tested and certified to comply with applicable standards of the American Society for Testing and Materials.CommentsClose CommentsPermalink
(2) ENFORCEMENT- The President shall ensure that all biodiesel entering interstate commerce meets the requirements of paragraph (1).CommentsClose CommentsPermalink
(3) FUNDING- There are authorized to be appropriated to the President to carry out this section:CommentsClose CommentsPermalink
(A) $3,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
(B) $3,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
(C) $3,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
SEC. 131. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CELLULOSIC CROP- The term `cellulosic crop' means a tree or grass that is grown specifically--CommentsClose CommentsPermalink
(A) to provide raw materials (including feedstocks) for conversion to liquid transportation fuels or chemicals through biochemical or thermochemical processes; orCommentsClose CommentsPermalink
(B) for energy generation through combustion, pyrolysis, or cofiring.CommentsClose CommentsPermalink
(2) CELLULOSIC REFINER- The term `cellulosic refiner' means the owner or operator of a cellulosic refinery.CommentsClose CommentsPermalink
(3) CELLULOSIC REFINERY- The term `cellulosic refinery' means a refinery that processes a cellulosic crop.CommentsClose CommentsPermalink
(4) QUALIFIED CELLULOSIC CROP- The term `qualified cellulosic crop' means, with respect to an agricultural producer, a cellulosic crop that is--CommentsClose CommentsPermalink
(A) the subject of a contract or memorandum of understanding between the producer and a cellulosic refiner, under which the producer is obligated to sell the crop to the cellulosic refiner by a certain date; andCommentsClose CommentsPermalink
(B) produced not more than 70 miles from a cellulosic refinery owned or operated by the cellulosic refiner.CommentsClose CommentsPermalink
(5) SECRETARY- The term `Secretary' means the Secretary of Agriculture.CommentsClose CommentsPermalink
(b) Transitional Assistance Payments- The Secretary shall make transitional assistance payments to an agricultural producer during the first year in which the producer devotes land to the production of a qualified cellulosic crop.CommentsClose CommentsPermalink
(c) Amount of Payment-CommentsClose CommentsPermalink
(1) DETERMINED BY FORMULA- Subject to paragraph (2), the Secretary shall devise a formula to be used to calculate the amount of a payment to be made to an agricultural producer under this section, based on the opportunity cost (as determined in accordance with such standard as the Secretary may establish, taking into consideration land rental rates and other applicable costs) incurred by the producer during the first year in which the producer devotes land to the production of the qualified cellulosic crop.CommentsClose CommentsPermalink
(2) LIMITATION- The total of the amount paid to a producer under this section shall not exceed an amount equal to 25 percent of the amounts made available under subsection (e) for the applicable fiscal year.CommentsClose CommentsPermalink
(d) Regulations- The Secretary shall promulgate such regulations as the Secretary determines to be necessary to carry out this section.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $4,088,000 for each of fiscal years 2008 through 2012, to remain available until expended.CommentsClose CommentsPermalink
SEC. 132. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON FUELS.
(a) Declaration of Policy- Congress declares that, in order to achieve maximum reductions in greenhouse gas emissions, enhance national security, and ensure the protection of wildlife habitat, biodiversity, water quality, air quality, and rural and regional economies throughout the lifecycle of each low-carbon fuel, it is necessary and desirable to undertake a combination of basic and applied research, as well as technology development and demonstration, involving the colleges and universities of the United States, in partnership with the Federal Government, State governments, and the private sector.CommentsClose CommentsPermalink
(b) Purpose- The purpose of this section is to provide for research support to facilitate the development of sustainable markets and technologies to produce and use woody biomass and other low-carbon fuels for the production of thermal and electric energy, biofuels, and bioproducts.CommentsClose CommentsPermalink
(c) Definition of Fuel Emission Baseline- In this section, the term `fuel emission baseline' means the average lifecycle greenhouse gas emissions per unit of energy of the fossil fuel component of conventional transportation fuels in commerce in the United States in calendar year 2008, as determined by the President.CommentsClose CommentsPermalink
(d) Grant Program- The President shall establish a program to provide to eligible entities (as identified by the President) grants for use in--CommentsClose CommentsPermalink
(1) providing financial support for not more than 4 nor less than 6 demonstration facilities that--CommentsClose CommentsPermalink
(A) use woody biomass to deploy advanced technologies for production of thermal and electric energy, biofuels, and bioproducts; andCommentsClose CommentsPermalink
(B) are targeted at regional feedstocks and markets;CommentsClose CommentsPermalink
(2) conducting targeted research for the development of cellulosic ethanol and other liquid fuels from woody or other biomass that may be used in transportation or stationary applications, such as industrial processes or industrial, commercial, and residential heating;CommentsClose CommentsPermalink
(3) conducting research into the best scientifically-based and periodically-updated methods of assessing and certifying the impacts of each low-carbon fuel with respect to--CommentsClose CommentsPermalink
(A) the reduction in lifecycle greenhouse gas emissions of each fuel as compared to--CommentsClose CommentsPermalink
(i) the fuel emission baseline; andCommentsClose CommentsPermalink
(ii) the greenhouse gas emissions of other sectors, such as the agricultural, industrial, and manufacturing sectors;CommentsClose CommentsPermalink
(B) the contribution of the fuel toward enhancing the energy security of the United States by displacing imported petroleum and petroleum products;CommentsClose CommentsPermalink
(C) any impacts of the fuel on wildlife habitat, biodiversity, water quality, and air quality; andCommentsClose CommentsPermalink
(D) any effect of the fuel with respect to rural and regional economies;CommentsClose CommentsPermalink
(4) conducting research to determine to what extent the use of low-carbon fuels in the transportation sector would impact greenhouse gas emissions in other sectors, such as the agricultural, industrial, and manufacturing sectors;CommentsClose CommentsPermalink
(5) conducting research for the development of the supply infrastructure that may provide renewable biomass feedstocks in a consistent, predictable, and environmentally-sustainable manner;CommentsClose CommentsPermalink
(6) conducting research for the development of supply infrastructure that may provide renewable low-carbon fuels in a consistent, predictable, and environmentally-sustainable manner; andCommentsClose CommentsPermalink
(7) conducting policy research on the global movement of low-carbon fuels in a consistent, predictable, and environmentally-sustainable manner.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- Of the funding authorized under section 122, there are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
(1) $45,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $50,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $55,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(4) $60,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
(5) $65,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
Subtitle C--Studies
SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.
(a) In General- Not later than October 1, 2012, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the Academy shall conduct a study of technologies relating to the production, transportation, and distribution of advanced biofuels.CommentsClose CommentsPermalink
(b) Scope- In conducting the study, the Academy shall--CommentsClose CommentsPermalink
(1) include an assessment of the maturity of advanced biofuels technologies;CommentsClose CommentsPermalink
(2) consider whether the rate of development of those technologies will be sufficient to meet the advanced biofuel standards required under section 111;CommentsClose CommentsPermalink
(3) consider the effectiveness of the research and development programs and activities of the Department of Energy relating to advanced biofuel technologies; andCommentsClose CommentsPermalink
(4) make policy recommendations to accelerate the development of those technologies to commercial viability, as appropriate.CommentsClose CommentsPermalink
(c) Report- Not later than November 30, 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General- The Secretary, in cooperation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, and after providing notice and an opportunity for public comment, shall conduct a study of the feasibility of increasing consumption in the United States of ethanol-blended gasoline with levels of ethanol that are not less than 10 percent and not more than 40 percent.CommentsClose CommentsPermalink
(b) Study- The study under subsection (a) shall include--CommentsClose CommentsPermalink
(1) a review of production and infrastructure constraints on increasing consumption of ethanol;CommentsClose CommentsPermalink
(2) an evaluation of the economic, market, and energy-related impacts of State and regional differences in ethanol blends;CommentsClose CommentsPermalink
(3) an evaluation of the economic, market, and energy-related impacts on gasoline retailers and consumers of separate and distinctly labeled fuel storage facilities and dispensers;CommentsClose CommentsPermalink
(4) an evaluation of the environmental impacts of mid-level ethanol blends on evaporative and exhaust emissions from on-road, off-road, and marine engines, recreational boats, vehicles, and equipment;CommentsClose CommentsPermalink
(5) an evaluation of the impacts of mid-level ethanol blends on the operation, durability, and performance of on-road, off-road, and marine engines, recreational boats, vehicles, and equipment; andCommentsClose CommentsPermalink
(6) an evaluation of the safety impacts of mid-level ethanol blends on consumers that own and operate off-road and marine engines, recreational boats, vehicles, or equipment.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 143. PIPELINE FEASIBILITY STUDY.
(a) In General- The Secretary, in coordination with the Secretary of Agriculture and the Secretary of Transportation, shall conduct a study of the feasibility of the construction of dedicated ethanol pipelines.CommentsClose CommentsPermalink
(b) Factors- In conducting the study, the Secretary shall consider--CommentsClose CommentsPermalink
(1) the quantity of ethanol production that would make dedicated pipelines economically viable;CommentsClose CommentsPermalink
(2) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers;CommentsClose CommentsPermalink
(3) market risk (including throughput risk) and means of mitigating the risk;CommentsClose CommentsPermalink
(4) regulatory, financing, and siting options that would mitigate risk in those areas and help ensure the construction of 1 or more dedicated ethanol pipelines;CommentsClose CommentsPermalink
(5) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the initial dedicated ethanol pipelines will require to invest in the pipelines;CommentsClose CommentsPermalink
(6) technical factors that may compromise the safe transportation of ethanol in pipelines, identifying remedial and preventative measures to ensure pipeline integrity; andCommentsClose CommentsPermalink
(7) such other factors as the Secretary considers appropriate.CommentsClose CommentsPermalink
(c) Report- Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 FUEL.
(a) In General- The Secretary shall conduct a study of methods of increasing the fuel efficiency of flexible fueled vehicles by optimizing flexible fueled vehicles to operate using E-85 fuel.CommentsClose CommentsPermalink
(b) Report- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study, including any recommendations of the Secretary.CommentsClose CommentsPermalink
SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC VEHICLES.
(a) Definition of Electric Vehicle- In this section, the term `electric vehicle' means an electric motor vehicle (as defined in section 601 of the Energy Policy Act of 1992 (
(1) receives a charge directly from a source of electric current that is external to the vehicle; andCommentsClose CommentsPermalink
(2) provides a minimum of 80 percent of the motive power of the vehicle.CommentsClose CommentsPermalink
(b) Study- The Secretary shall conduct a study on the feasibility of issuing credits under the program established under section 111(d) to electric vehicles powered by electricity produced from renewable energy sources.CommentsClose CommentsPermalink
(c) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study, including a description of--CommentsClose CommentsPermalink
(1) existing programs and studies on the use of renewable electricity as a means of powering electric vehicles; andCommentsClose CommentsPermalink
(2) alternatives for--CommentsClose CommentsPermalink
(A) designing a pilot program to determine the feasibility of using renewable electricity to power electric vehicles as an adjunct to a renewable fuels mandate;CommentsClose CommentsPermalink
(B) allowing the use, under the pilot program designed under subparagraph (A), of electricity generated from nuclear energy as an additional source of supply;CommentsClose CommentsPermalink
(C) identifying the source of electricity used to power electric vehicles; andCommentsClose CommentsPermalink
(D) equating specific quantities of electricity to quantities of renewable fuel under section 111(d).CommentsClose CommentsPermalink
SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF BIODIESEL.
(a) In General- Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study on the effects of the use of biodiesel on engine durability.CommentsClose CommentsPermalink
(b) Components- The study under this section shall include--CommentsClose CommentsPermalink
(1) an assessment of whether the use of biodiesel in conventional diesel engines lessens engine durability; andCommentsClose CommentsPermalink
(2) an assessment of the effects referred to in subsection (a) with respect to biodiesel blends at varying concentrations, including--CommentsClose CommentsPermalink
(A) B5;CommentsClose CommentsPermalink
(B) B10;CommentsClose CommentsPermalink
(C) B20; andCommentsClose CommentsPermalink
(D) B30.CommentsClose CommentsPermalink
SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.
(a) Study- The President shall conduct a study of the renewable fuels industry and markets in the United States, including--CommentsClose CommentsPermalink
(1) the costs to produce conventional and advanced biofuels;CommentsClose CommentsPermalink
(2) the factors affecting the future market prices for those biofuels, including world oil prices; andCommentsClose CommentsPermalink
(3) the financial incentives necessary to enhance, to the maximum extent practicable, the biofuels industry of the United States to reduce the dependence of the United States on foreign oil during calendar years 2011 through 2030.CommentsClose CommentsPermalink
(b) Goals- The study shall include an analysis of the options for financial incentives and the advantage and disadvantages of each option.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a report that describes the results of the study.CommentsClose CommentsPermalink
SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR THE EVALUATION OF RENEWABLE CARBON CONTENT OF BIOFUELS.
(a) In General- The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall conduct a study of--CommentsClose CommentsPermalink
(1) published methods for evaluating the lifecycle fossil and renewable carbon content of fuels, including conventional and advanced biofuels; andCommentsClose CommentsPermalink
(2) methods for performing simplified, streamlined lifecycle analyses of the fossil and renewable carbon content of biofuels.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under subsection (a), including recommendations for a method for performing a simplified, streamlined lifecycle analysis of the fossil and renewable carbon content of biofuels that includes--CommentsClose CommentsPermalink
(1) carbon inputs to feedstock production; andCommentsClose CommentsPermalink
(2) carbon inputs to the biofuel production process, including the carbon associated with electrical and thermal energy inputs.CommentsClose CommentsPermalink
SEC. 149. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF-ROAD VEHICLES.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall conduct a study to determine the effects of ethanol-blended gasoline on off-road vehicles and recreational boats.CommentsClose CommentsPermalink
(2) EVALUATION- The study shall include an evaluation of the operational, safety, durability, and environmental impacts of ethanol-blended gasoline on off-road and marine engines, recreational boats, and related equipment.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study.CommentsClose CommentsPermalink
SEC. 150. STUDY OF OFFSHORE WIND RESOURCES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE INSTITUTION- The term `eligible institution' means a college or university that--CommentsClose CommentsPermalink
(A) as of the date of enactment of this Act, has an offshore wind power research program; andCommentsClose CommentsPermalink
(B) is located in a region of the United States that is in reasonable proximity to the eastern outer Continental Shelf, as determined by the Secretary.CommentsClose CommentsPermalink
(2) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the Minerals Management Service.CommentsClose CommentsPermalink
(b) Study- The Secretary, in cooperation with an eligible institution, as selected by the Secretary, shall conduct a study to assess each offshore wind resource located in the region of the eastern outer Continental Shelf.CommentsClose CommentsPermalink
(c) Report- Upon completion of the study under subsection (b), the Secretary shall submit to Congress a report that includes--CommentsClose CommentsPermalink
(1) a description of--CommentsClose CommentsPermalink
(A) the locations and total power generation resources of the best offshore wind resources located in the region of the eastern outer Continental Shelf, as determined by the Secretary;CommentsClose CommentsPermalink
(B) based on conflicting zones relating to any infrastructure that, as of the date of enactment of this Act, is located in close proximity to any offshore wind resource, the likely exclusion zones of each offshore wind resource described in subparagraph (A);CommentsClose CommentsPermalink
(C) the relationship of the temporal variation of each offshore wind resource described in subparagraph (A) with--CommentsClose CommentsPermalink
(i) any other offshore wind resource; andCommentsClose CommentsPermalink
(ii) with loads and corresponding system operator markets;CommentsClose CommentsPermalink
(D) the geological compatibility of each offshore wind resource described in subparagraph (A) with any potential technology relating to sea floor towers; andCommentsClose CommentsPermalink
(E) with respect to each area in which an offshore wind resource described in subparagraph (A) is located, the relationship of the authority under any coastal management plan of the State in which the area is located with the Federal Government; andCommentsClose CommentsPermalink
(2) recommendations on the manner by which to handle offshore wind intermittence.CommentsClose CommentsPermalink
(d) Incorporation of Study- Effective beginning on the date on which the Secretary completes the study under subsection (b), the Secretary shall incorporate the findings included in the report under subsection (c) into the planning process documents for any wind energy lease sale--CommentsClose CommentsPermalink
(1) relating to any offshore wind resource located in any appropriate area of the outer Continental Shelf, as determined by the Secretary; andCommentsClose CommentsPermalink
(2) that is completed on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(e) Effect- Nothing in this section--CommentsClose CommentsPermalink
(1) delays any final regulation to be promulgated by the Secretary of the Interior to carry out section 8(p) of the Outer Continental Shelf Lands Act (
(2) limits the authority of the Secretary to lease any offshore wind resource located in any appropriate area of the outer Continental Shelf, as determined by the Secretary.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000, to remain available until expended.CommentsClose CommentsPermalink
Subtitle D--Environmental Safeguards
SEC. 161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General- The Secretary shall establish a grant program to encourage the production of advanced biofuels.CommentsClose CommentsPermalink
(b) Requirements and Priority- In making grants under this section, the Secretary--CommentsClose CommentsPermalink
(1) shall make awards to the proposals for advanced biofuels with the greatest reduction in lifecycle greenhouse gas emissions compared to the comparable motor vehicle fuel lifecycle emissions during calendar year 2007; andCommentsClose CommentsPermalink
(2) shall not make an award to a project that does not achieve at least a 50-percent reduction in such lifecycle greenhouse gas emissions.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2008 through 2015.CommentsClose CommentsPermalink
SEC. 162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.
Section 211 of the Clean Air Act (
`(t) Studies of Effects of Renewable Fuel Use-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Administrator shall offer to enter into appropriate arrangements with the National Academy of Sciences and any other independent research institute determined to be appropriate by the Administrator, in consultation with appropriate Federal agencies, to conduct 2 studies on the effects of increased domestic use of renewable fuels under the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007.CommentsClose CommentsPermalink
`(2) MATTERS TO BE STUDIED-CommentsClose CommentsPermalink
`(A) IN GENERAL- The studies under this subsection shall assess, quantify, and recommend analytical methodologies in relation to environmental changes associated with the increased domestic use of renewable fuels under the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007, including production, handling, transportation, and use of the fuels.CommentsClose CommentsPermalink
`(B) SPECIFIC MATTERS- The studies shall include an assessment and quantification, to the maximum extent practicable, of significant changes--CommentsClose CommentsPermalink
`(i) in air and water quality and the quality of other natural resources;CommentsClose CommentsPermalink
`(ii) in land use patterns;CommentsClose CommentsPermalink
`(iii) in the rate of deforestation in the United States and globally;CommentsClose CommentsPermalink
`(iv) to greenhouse gas emissions;CommentsClose CommentsPermalink
`(v) to significant geographic areas and habitats with high biodiversity values (including species richness, the presence of species that are exclusively native to a place, or the presence of endangered species); orCommentsClose CommentsPermalink
`(vi) in the long-term capacity of the United States to produce biomass feedstocks.CommentsClose CommentsPermalink
`(C) BASELINE COMPARISON- In making an assessment or quantifying effects of increased use of renewable fuels, the studies shall use an appropriate baseline involving increased use of the conventional transportation fuels, if displacement by use of renewable fuels had not occurred.CommentsClose CommentsPermalink
`(3) REPORTS TO CONGRESS- The Administrator shall submit to Congress a report summarizing the assessments and findings of--CommentsClose CommentsPermalink
`(A) the first study, along with any recommendations by the Administrator to mitigate adverse effects identified by the study, not later than 3 years after the date of enactment of this subsection; andCommentsClose CommentsPermalink
`(B) the second study, along with any recommendations by the Administrator to mitigate adverse effects identified by the study, not later December 31, 2015.'.CommentsClose CommentsPermalink
SEC. 163. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS ON FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (
(1) by striking `nonroad vehicle (A) if in the judgment of the Administrator' and inserting `nonroad vehicle--CommentsClose CommentsPermalink
`(A) if, in the judgment of the Administrator, any fuel or fuel additive or';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `air pollution which' and inserting `air pollution or water pollution (including any degradation in the quality of groundwater) that'; andCommentsClose CommentsPermalink
(3) by striking `, or (B) if' and inserting the following: `; orCommentsClose CommentsPermalink
`(B) if'.CommentsClose CommentsPermalink
SEC. 164. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (
`(u) Prevention of Air Quality Deterioration-CommentsClose CommentsPermalink
`(1) STUDY-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 18 months after the date of enactment of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007, the Administrator shall complete a study to determine whether the renewable fuel volumes required by that Act will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants regulated under this Act.CommentsClose CommentsPermalink
`(B) CONSIDERATIONS- The study shall include consideration of--CommentsClose CommentsPermalink
`(i) different blend levels, types of renewable fuels, and available vehicle technologies; andCommentsClose CommentsPermalink
`(ii) appropriate national, regional, and local air quality control measures.CommentsClose CommentsPermalink
`(2) REGULATIONS- Not later than 3 years after the date of enactment of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007, the Administrator shall--CommentsClose CommentsPermalink
`(A) promulgate regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph (1), any adverse impacts on air quality, as the result of the renewable volumes required by that Act; orCommentsClose CommentsPermalink
`(B) make a determination that no such measures are necessary.CommentsClose CommentsPermalink
`(3) OTHER REQUIREMENTS- Nothing in title I of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 supercedes or otherwise affects any Federal or State requirement under any other provision of law that is more stringent than any requirement of this title.'.CommentsClose CommentsPermalink
TITLE II--ENERGY EFFICIENCY PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the `Energy Efficiency Promotion Act of 2007'.CommentsClose CommentsPermalink
SEC. 202. DEFINITION OF SECRETARY.
In this title, the term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink
Subtitle A--Promoting Advanced Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT LIGHTING.
Section 553 of the National Energy Conservation Policy Act (
`(f) Accelerated Procurement of Energy Efficient Lighting-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than October 1, 2013, in accordance with guidelines issued by the Secretary, all general purpose lighting in Federal buildings shall be Energy Star products or products designated under the Federal Energy Management Program.CommentsClose CommentsPermalink
`(2) GUIDELINES-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidelines to carry out this subsection.CommentsClose CommentsPermalink
`(B) REPLACEMENT COSTS- The guidelines shall take into consideration the costs of replacing all general service lighting and the reduced cost of operation and maintenance expected to result from such replacement.'.CommentsClose CommentsPermalink
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (
(1) in paragraph (30)(C)(ii)--CommentsClose CommentsPermalink
(A) in the matter preceding subclause (I)--CommentsClose CommentsPermalink
(i) by striking `or similar bulb shapes (excluding ER or BR)' and inserting `ER, BR, BPAR, or similar bulb shapes'; andCommentsClose CommentsPermalink
(ii) by striking `2.75' and inserting `2.25'; andCommentsClose CommentsPermalink
(B) by striking `is either--' and all that follows through subclause (II) and inserting `has a rated wattage that is 40 watts or higher'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(53) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40-CommentsClose CommentsPermalink
`(A) BR INCANDESCENT REFLECTOR LAMP- The term `BR incandescent reflector lamp' means a reflector lamp that has--CommentsClose CommentsPermalink
`(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); andCommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(B) BR30- The term `BR30' means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch.CommentsClose CommentsPermalink
`(C) BR40- The term `BR40' means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch.CommentsClose CommentsPermalink
`(54) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40-CommentsClose CommentsPermalink
`(A) ER INCANDESCENT REFLECTOR LAMP- The term `ER incandescent reflector lamp' means a reflector lamp that has--CommentsClose CommentsPermalink
`(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); andCommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(B) ER30- The term `ER30' means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.CommentsClose CommentsPermalink
`(C) ER40- The term `ER40' means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(b) Standards for Fluorescent Lamps and Incandescent Reflector Lamps- Section 325(i) of the Energy Policy and Conservation Act (
`(1) STANDARDS-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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:CommentsClose CommentsPermalink
`FLUORESCENT LAMPSCommentsClose CommentsPermalink
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4-foot medium bi-pin >35 W 69 75.0 36 CommentsClose CommentsPermalink
45 75.0 36 CommentsClose CommentsPermalink
2-foot U-shaped >35 W 69 68.0 36 CommentsClose CommentsPermalink
45 64.0 36 CommentsClose CommentsPermalink
8-foot slimline 65 W 69 80.0 18 CommentsClose CommentsPermalink
45 80.0 18 CommentsClose CommentsPermalink
8-foot high output >100 W 69 80.0 18 CommentsClose CommentsPermalink
45 80.0 18 CommentsClose CommentsPermalink
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`INCANDESCENT REFLECTOR LAMPSCommentsClose CommentsPermalink
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40-50 10.5 36 CommentsClose CommentsPermalink
51-66 11.0 36 CommentsClose CommentsPermalink
67-85 12.5 36 CommentsClose CommentsPermalink
86-115 14.0 36 CommentsClose CommentsPermalink
116-155 14.5 36 CommentsClose CommentsPermalink
156-205 15.0 36 CommentsClose CommentsPermalink
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`(C) EXEMPTIONS- The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps:CommentsClose CommentsPermalink
`(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink
`(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink
`(iii) R20 incandescent reflector lamps rated 45 watts or less.CommentsClose CommentsPermalink
`(D) EFFECTIVE DATES-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment- Not later than 1 year after the date of enactment of this Act, as part of the program carried out under section 1008 of the Energy Policy Act of 2005 (
(b) Prize Specifications-CommentsClose CommentsPermalink
(1) 60-watt INCANDESCENT REPLACEMENT LAMP PRIZE- The Secretary shall award a 60-Watt Incandescent Replacement Lamp Prize to an entrant that produces a solid-state light package simultaneously capable of--CommentsClose CommentsPermalink
(A) producing a luminous flux greater than 900 lumens;CommentsClose CommentsPermalink
(B) consuming less than or equal to 10 watts;CommentsClose CommentsPermalink
(C) having an efficiency greater than 90 lumens per watt;CommentsClose CommentsPermalink
(D) having a color rendering index greater than 90;CommentsClose CommentsPermalink
(E) having a correlated color temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;CommentsClose CommentsPermalink
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;CommentsClose CommentsPermalink
(G) having a light distribution pattern similar to a soft 60-watt incandescent A19 bulb;CommentsClose CommentsPermalink
(H) having a size and shape that fits within the maximum dimensions of an A19 bulb in accordance with American National Standards Institute standard C78.20-2003, figure C78.20-211;CommentsClose CommentsPermalink
(I) using a single contact medium screw socket; andCommentsClose CommentsPermalink
(J) mass production for a competitive sales commercial market satisfied by the submission of 10,000 such units equal to or exceeding the criteria described in subparagraphs (A) through (I).CommentsClose CommentsPermalink
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE- The Secretary shall award a Parabolic Aluminized Reflector Type 38 Halogen Replacement Lamp Prize (referred to in this section as the `PAR Type 38 Halogen Replacement Lamp Prize') to an entrant that produces a solid-state-light package simultaneously capable of--CommentsClose CommentsPermalink
(A) producing a luminous flux greater than or equal to 1,350 lumens;CommentsClose CommentsPermalink
(B) consuming less than or equal to 11 watts;CommentsClose CommentsPermalink
(C) having an efficiency greater than 123 lumens per watt;CommentsClose CommentsPermalink
(D) having a color rendering index greater than or equal to 90;CommentsClose CommentsPermalink
(E) having a correlated color coordinate temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;CommentsClose CommentsPermalink
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;CommentsClose CommentsPermalink
(G) having a light distribution pattern similar to a PAR 38 halogen lamp;CommentsClose CommentsPermalink
(H) having a size and shape that fits within the maximum dimensions of a PAR 38 halogen lamp in accordance with American National Standards Institute standard C78-21-2003, figure C78.21-238;CommentsClose CommentsPermalink
(I) using a single contact medium screw socket; andCommentsClose CommentsPermalink
(J) mass production for a competitive sales commercial market satisfied by the submission of 10,000 such units equal to or exceeding the criteria described in subparagraphs (A) through (I).CommentsClose CommentsPermalink
(3) TWENTY-FIRST CENTURY LAMP PRIZE- The Secretary shall award a Twenty-First Century Lamp Prize to an entrant that produces a solid-state-light-light capable of--CommentsClose CommentsPermalink
(A) producing a light output greater than 1,200 lumens;CommentsClose CommentsPermalink
(B) having an efficiency greater than 150 lumens per watt;CommentsClose CommentsPermalink
(C) having a color rendering index greater than 90;CommentsClose CommentsPermalink
(D) having a color coordinate temperature between 2,800 and 3,000 degrees Kelvin; andCommentsClose CommentsPermalink
(E) having a lifetime exceeding 25,000 hours.CommentsClose CommentsPermalink
(c) Private Funds- The Secretary may accept and use funding from private sources as part of the prizes awarded under this section.CommentsClose CommentsPermalink
(d) Technical Review- The Secretary shall establish a technical review committee composed of non-Federal officers to review entrant data submitted under this section to determine whether the data meets the prize specifications described in subsection (b).CommentsClose CommentsPermalink
(e) Third Party Administration- The Secretary may competitively select a third party to administer awards under this section.CommentsClose CommentsPermalink
(f) Award Amounts- Subject to the availability of funds to carry out this section, the amount of--CommentsClose CommentsPermalink
(1) the 60-Watt Incandescent Replacement Lamp Prize described in subsection (b)(1) shall be $10,000,000;CommentsClose CommentsPermalink
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in subsection (b)(2) shall be $5,000,000; andCommentsClose CommentsPermalink
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3) shall be $5,000,000.CommentsClose CommentsPermalink
(g) Federal Procurement of Solid-State-Lights-CommentsClose CommentsPermalink
(1) 60-watt INCANDESCENT REPLACEMENT- Subject to paragraph (3), as soon as practicable after the successful award of the 60-Watt Incandescent Replacement Lamp Prize under subsection (b)(1), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with a goal of replacing the use of 60-watt incandescent lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(1) by not later than the date that is 5 years after the date the award is made.CommentsClose CommentsPermalink
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT- Subject to paragraph (3), as soon as practicable after the successful award of the PAR Type 38 Halogen Replacement Lamp Prize under subsection (b)(2), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with the goal of replacing the use of PAR 38 halogen lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(2) by not later than the date that is 5 years after the date the award is made.CommentsClose CommentsPermalink
(3) WAIVERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary or the Administrator of General Services may waive the application of paragraph (1) or (2) if the Secretary or Administrator determines that the return on investment from the purchase of a solid-state-light package described in paragraph (1) or (2) of subsection (b), respectively, is cost prohibitive.CommentsClose CommentsPermalink
(B) REPORT OF WAIVER- If the Secretary or Administrator waives the application of paragraph (1) or (2), the Secretary or Administrator, respectively, shall submit to Congress an annual report that describes the waiver and provides a detailed justification for the waiver.CommentsClose CommentsPermalink
(h) Report- Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Administrator of General Services shall submit to the Energy Information Agency a report describing the quantity, type, and cost of each lighting product purchased by the Federal Government.CommentsClose CommentsPermalink
(i) Bright Light Tomorrow Award Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the United States Treasury a Bright Light Tomorrow permanent fund without fiscal year limitation to award prizes under paragraphs (1), (2), and (3) of subsection (b).CommentsClose CommentsPermalink
(2) SOURCES OF FUNDING- The fund established under paragraph (1) shall accept--CommentsClose CommentsPermalink
(A) fiscal year appropriations; andCommentsClose CommentsPermalink
(B) private contributions authorized under subsection (c).CommentsClose CommentsPermalink
(j) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING STANDARDS.
(a) Findings- The Senate finds that--CommentsClose CommentsPermalink
(1) there are approximately 4,000,000,000 screw-based sockets in the United States that contain traditional, energy-inefficient, incandescent light bulbs;CommentsClose CommentsPermalink
(2) incandescent light bulbs are based on technology that is more than 125 years old;CommentsClose CommentsPermalink
(3) there are radically more efficient lighting alternatives in the market, with the promise of even more choices over the next several years;CommentsClose CommentsPermalink
(4) national policy can support a rapid substitution of new, energy-efficient light bulbs for the less efficient products in widespread use; andCommentsClose CommentsPermalink
(5) transforming the United States market to use of more efficient lighting technologies can--CommentsClose CommentsPermalink
(A) reduce electric costs in the United States by more than $18,000,000,000 annually;CommentsClose CommentsPermalink
(B) save the equivalent electricity that is produced by 80 base load coal-fired power plants; andCommentsClose CommentsPermalink
(C) reduce fossil fuel related emissions by approximately 158,000,000 tons each year.CommentsClose CommentsPermalink
(b) Sense of the Senate- It is the sense of the Senate that the Senate should--CommentsClose CommentsPermalink
(1) pass a set of mandatory, technology-neutral standards to establish firm energy efficiency performance targets for lighting products;CommentsClose CommentsPermalink
(2) ensure that the standards become effective within the next 10 years; andCommentsClose CommentsPermalink
(3) in developing the standards--CommentsClose CommentsPermalink
(A) establish the efficiency requirements to ensure that replacement lamps will provide consumers with the same quantity of light while using significantly less energy;CommentsClose CommentsPermalink
(B) ensure that consumers will continue to have multiple product choices, including energy-saving halogen, incandescent, compact fluorescent, and LED light bulbs; andCommentsClose CommentsPermalink
(C) work with industry and key stakeholders on measures that can assist consumers and businesses in making the important transition to more efficient lighting.CommentsClose CommentsPermalink
SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ALASKA SMALL HYDROELECTRIC POWER- The term `Alaska small hydroelectric power' means power that--CommentsClose CommentsPermalink
(A) is generated--CommentsClose CommentsPermalink
(i) in the State of Alaska;CommentsClose CommentsPermalink
(ii) without the use of a dam or impoundment of water; andCommentsClose CommentsPermalink
(iii) through the use of--CommentsClose CommentsPermalink
(I) a lake tap (but not a perched alpine lake); orCommentsClose CommentsPermalink
(II) a run-of-river screened at the point of diversion; andCommentsClose CommentsPermalink
(B) has a nameplate capacity rating of a wattage that is not more than 15 megawatts.CommentsClose CommentsPermalink
(2) ELIGIBLE APPLICANT- The term `eligible applicant' means any--CommentsClose CommentsPermalink
(A) governmental entity;CommentsClose CommentsPermalink
(B) private utility;CommentsClose CommentsPermalink
(C) public utility;CommentsClose CommentsPermalink
(D) municipal utility;CommentsClose CommentsPermalink
(E) cooperative utility;CommentsClose CommentsPermalink
(F) Indian tribes; andCommentsClose CommentsPermalink
(G) Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (
(3) OCEAN ENERGY-CommentsClose CommentsPermalink
(A) INCLUSIONS- The term `ocean energy' includes current, wave, and tidal energy.CommentsClose CommentsPermalink
(B) EXCLUSION- The term `ocean energy' excludes thermal energy.CommentsClose CommentsPermalink
(4) RENEWABLE ENERGY PROJECT- The term `renewable energy project' means a project--CommentsClose CommentsPermalink
(A) for the commercial generation of electricity; andCommentsClose CommentsPermalink
(B) that generates electricity from--CommentsClose CommentsPermalink
(i) solar, wind, or geothermal energy or ocean energy;CommentsClose CommentsPermalink
(ii) biomass (as defined in section 203(b) of the Energy Policy Act of 2005 (
(iii) landfill gas; orCommentsClose CommentsPermalink
(iv) Alaska small hydroelectric power.CommentsClose CommentsPermalink
(b) Renewable Energy Construction Grants-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall use amounts appropriated under this section to make grants for use in carrying out renewable energy projects.CommentsClose CommentsPermalink
(2) CRITERIA- Not later than 180 days after the date of enactment of this Act, the Secretary shall set forth criteria for use in awarding grants under this section.CommentsClose CommentsPermalink
(3) APPLICATION- To receive a grant from the Secretary under paragraph (1), an eligible applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that--CommentsClose CommentsPermalink
(A) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40, United States Code; andCommentsClose CommentsPermalink
(B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
(4) NON-FEDERAL SHARE- Each eligible applicant that receives a grant under this subsection shall contribute to the total cost of the renewable energy project constructed by the eligible applicant an amount not less than 50 percent of the total cost of the project.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle B--Expediting New Energy Efficiency Standards
SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (
`(6) ENERGY CONSERVATION STANDARD-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `energy conservation standard' means 1 or more performance standards that--CommentsClose CommentsPermalink
`(i) for covered products (excluding clothes washers, dishwashers, showerheads, faucets, water closets, and urinals), prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323;CommentsClose CommentsPermalink
`(ii) for showerheads, faucets, water closets, and urinals, prescribe a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with test procedures prescribed under section 323; andCommentsClose CommentsPermalink
`(iii) for clothes washers and dishwashers--CommentsClose CommentsPermalink
`(I) prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323; andCommentsClose CommentsPermalink
`(II) may include a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with those test procedures.CommentsClose CommentsPermalink
`(B) INCLUSIONS- The term `energy conservation standard' includes--CommentsClose CommentsPermalink
`(i) 1 or more design requirements, if the requirements were established--CommentsClose CommentsPermalink
`(I) on or before the date of enactment of this subclause; orCommentsClose CommentsPermalink
`(II) as part of a consensus agreement under section 325(hh); andCommentsClose CommentsPermalink
`(ii) any other requirements that the Secretary may prescribe under section 325(r).CommentsClose CommentsPermalink
`(C) EXCLUSION- The term `energy conservation standard' does not include a performance standard for a component of a finished covered product, unless regulation of the component is authorized or established pursuant to this title.'.CommentsClose CommentsPermalink
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND COOLING PRODUCTS.
(a) In General- Section 327 of the Energy Policy and Conservation Act (
(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Regional Efficiency Standards for Heating and Cooling Products-CommentsClose CommentsPermalink
`(1) IN GENERAL-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(i) would contribute to energy savings that are substantially greater than that of a single national energy standard; andCommentsClose CommentsPermalink
`(ii) are economically justified.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(4) PROCEDURE-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(C) EXTENSION- The Secretary may publish in the Federal Register a notice--CommentsClose CommentsPermalink
`(i) extending the period to a specified date, but not longer than 1 year after the date on which the petition is filed; andCommentsClose CommentsPermalink
`(ii) describing the reasons for the delay.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(5) FINDING OF SIGNIFICANT BURDEN ON MANUFACTURING, MARKETING, DISTRIBUTION, SALE, OR SERVICING OF COVERED PRODUCT ON NATIONAL BASIS-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(B) FACTORS- In determining whether to make a finding described in subparagraph (A), the Secretary shall evaluate all relevant factors, including--CommentsClose CommentsPermalink
`(i) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others;CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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--CommentsClose CommentsPermalink
`(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; orCommentsClose CommentsPermalink
`(II) in the current or projected sales volume of the covered product type (or class) in the State and the United States.CommentsClose CommentsPermalink
`(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).CommentsClose CommentsPermalink
`(7) PETITION TO WITHDRAW FEDERAL RULE FOLLOWING AMENDMENT OF FEDERAL STANDARD-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 327 of the Energy Policy and Conservation Act (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (2), by striking `subsection (e)' and inserting `subsection (f)'; andCommentsClose CommentsPermalink
(ii) in paragraph (3)--CommentsClose CommentsPermalink
(I) by striking `subsection (f)(1)' and inserting `subsection (g)(1)'; andCommentsClose CommentsPermalink
(II) by striking `subsection (f)(2)' and inserting `subsection (g)(2)'; andCommentsClose CommentsPermalink
(B) in subsection (c)(3), by striking `subsection (f)(3)' and inserting `subsection (g)(3)'.CommentsClose CommentsPermalink
(2) Section 345(b)(2) of the Energy Policy and Conservation Act (
`(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).'.CommentsClose CommentsPermalink
SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conservation Act (
`(E) FINAL RULE-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary shall publish a final rule to carry out this subsection not later than December 31, 2014.CommentsClose CommentsPermalink
`(ii) CRITERIA- The standards shall meet the criteria established under subsection (o).'.CommentsClose CommentsPermalink
SEC. 224. EXPEDITED RULEMAKINGS.
(a) Procedure for Prescribing New or Amended Standards- Section 325(p) of the Energy Policy and Conservation Act (
`(5) DIRECT FINAL RULES-CommentsClose CommentsPermalink
`(A) IN GENERAL- On receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, and contains recommendations with respect to an energy or water conservation standard--CommentsClose CommentsPermalink
`(i) if the Secretary determines that the recommended standard contained in the statement is in accordance with subsection (o) or section 342(a)(6)(B), as applicable, the Secretary may issue a final rule that establishes an energy or water conservation standard and is published simultaneously with a notice of proposed rulemaking that proposes a new or amended energy or water conservation standard that is identical to the standard established in the final rule to establish the recommended standard (referred to in this paragraph as a `direct final rule'); orCommentsClose CommentsPermalink
`(ii) if the Secretary determines that a direct final rule cannot be issued based on the statement, the Secretary shall publish a notice of the determination, together with an explanation of the reasons for the determination.CommentsClose CommentsPermalink
`(B) PUBLIC COMMENT- The Secretary shall--CommentsClose CommentsPermalink
`(i) solicit public comment with respect to each direct final rule issued by the Secretary under subparagraph (A)(i); andCommentsClose CommentsPermalink
`(ii) publish a response to each comment so received.CommentsClose CommentsPermalink
`(C) WITHDRAWAL OF DIRECT FINAL RULES-CommentsClose CommentsPermalink
`(i) IN GENERAL- Not later than 120 days after the date on which a direct final rule issued under subparagraph (A)(i) is published in the Federal Register, the Secretary shall withdraw the direct final rule if--CommentsClose CommentsPermalink
`(I) the Secretary receives 1 or more adverse public comments relating to the direct final rule under subparagraph (B)(i); andCommentsClose CommentsPermalink
`(II) based on the complete rulemaking record relating to the direct final rule, the Secretary tentatively determines that the adverse public comments are relevant under subsection (o), section 342(a)(6)(B), or any other applicable law.CommentsClose CommentsPermalink
`(ii) ACTION ON WITHDRAWAL- On withdrawal of a direct final rule under clause (i), the Secretary shall--CommentsClose CommentsPermalink
`(I) proceed with the notice of proposed rulemaking published simultaneously with the direct final rule as described in subparagraph (A)(i); andCommentsClose CommentsPermalink
`(II) publish in the Federal Register the reasons why the direct final rule was withdrawn.CommentsClose CommentsPermalink
`(iii) TREATMENT OF WITHDRAWN DIRECT FINAL RULES- A direct final rule that is withdrawn under clause (i) shall not be considered to be a final rule for purposes of subsection (o).CommentsClose CommentsPermalink
`(D) EFFECT OF PARAGRAPH- Nothing in this paragraph authorizes the Secretary to issue a direct final rule based solely on receipt of more than 1 statement containing recommended standards relating to the direct final rule.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 345(b)(1) of the Energy Policy and Conservation Act (
SEC. 225. PERIODIC REVIEWS.
(a) Test Procedures- Section 323(b)(1) of the Energy Policy and Conservation Act (
`(1) TEST PROCEDURES-CommentsClose CommentsPermalink
`(A) AMENDMENT- At least once every 7 years, the Secretary shall review test procedures for all covered products and--CommentsClose CommentsPermalink
`(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); orCommentsClose CommentsPermalink
`(ii) publish notice in the Federal Register of any determination not to amend a test procedure.'.CommentsClose CommentsPermalink
(b) Energy Conservation Standards- Section 325(m) of the Energy Policy and Conservation Act (
(1) by designating the first and second sentences as paragraphs (1) and (4), respectively;CommentsClose CommentsPermalink
(2) by striking paragraph (1) (as so designated) and inserting the following:CommentsClose CommentsPermalink
`(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 or should not be amended based on the criteria in subsection (n)(2).CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(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.'; andCommentsClose CommentsPermalink
(3) in paragraph (4) (as so designated), by striking `(4) An' and inserting the following:CommentsClose CommentsPermalink
`(4) APPLICATION OF AMENDMENT- An'.CommentsClose CommentsPermalink
(c) Standards- Section 342(a)(6) of the Energy Policy and Conservation Act (
`(6) AMENDED ENERGY EFFICIENCY STANDARDS-CommentsClose CommentsPermalink
`(A) IN GENERAL-CommentsClose CommentsPermalink
`(i) 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, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, 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.CommentsClose CommentsPermalink
`(ii) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-CommentsClose CommentsPermalink
`(I) IN GENERAL- Except as provided in subclause (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 clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1.CommentsClose CommentsPermalink
`(II) MORE STRINGENT STANDARD- Subclause (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.CommentsClose CommentsPermalink
`(iii) RULE- If the Secretary makes a determination described in clause (ii)(II) for a product described in clause (i), 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.'.CommentsClose CommentsPermalink
(d) Test Procedures- Section 343(a) of the Energy Policy and Conservation Act (
`(a) Prescription by Secretary; Requirements-CommentsClose CommentsPermalink
`(1) TEST PROCEDURES-CommentsClose CommentsPermalink
`(A) AMENDMENT- At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and--CommentsClose CommentsPermalink
`(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; orCommentsClose CommentsPermalink
`(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.'.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by subsections (b) and (c) take effect on January 1, 2012.CommentsClose CommentsPermalink
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS.
(a) In General- Section 324(a) of the Energy Policy and Conservation Act (
(1) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink
`(H) LABELING REQUIREMENTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clauses (ii) through (iv), not later than 18 months after the date of issuance of applicable Department of Energy testing procedures, the Commission, in consultation with the Secretary and the Administrator of the Environmental Protection Agency (acting through the Energy Star program), shall, by regulation, promulgate labeling or other disclosure requirements for the energy use of--CommentsClose CommentsPermalink
`(I) televisions;CommentsClose CommentsPermalink
`(II) personal computers;CommentsClose CommentsPermalink
`(III) cable or satellite set-top boxes;CommentsClose CommentsPermalink
`(IV) stand-alone digital video recorder boxes; andCommentsClose CommentsPermalink
`(V) personal computer monitors.CommentsClose CommentsPermalink
`(ii) ALTERNATE TESTING PROCEDURES- In the absence of applicable testing procedures described in clause (i) for products described in subclauses (I) through (V) of that clause, the Commission may by regulation promulgate labeling requirements for a consumer product category described in clause (i) if the Commission--CommentsClose CommentsPermalink
`(I) identifies adequate non-Department of Energy testing procedures for those products; andCommentsClose CommentsPermalink
`(II) determines that labeling of those products is likely to assist consumers in making purchasing decisions.CommentsClose CommentsPermalink
`(iii) DEADLINE AND REQUIREMENTS FOR LABELING-CommentsClose CommentsPermalink
`(I) DEADLINE- Not later than 18 months after the date of promulgation of any requirements under clause (i) or (ii), the Commission shall require labeling of electronic products described in clause (i).