U.S. Congress - Text of H.R.6899 as Placed on Calendar Senate Comprehensive American Energy Security and Consumer Protection Act
The easiest way to email your members of Congress
Donate NowH.R.6899 - Comprehensive American Energy Security and Consumer Protection Act
To advance the national security interests of the United States by reducing its dependency on oil through renewable and clean, alternative fuel technologies while building a bridge to the future through expanded access to Federal oil and natural gas resources, revising the relationship between the oil and gas industry and the consumers who own those resources and deserve a fair return from the development of publicly owned oil and gas, ending tax subsidies for large oil and gas companies, and facilitating energy efficiencies in the building, housing, and transportation sectors, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 52,381 | n/a | n/a |
| Engrossed in House | 52,569 | 3 | 0% |
| Received in Senate | 52,221 | 5 | 0% |
| Placed on Calendar Senate | 52,399 | 5 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 6899 RDSPCSCommentsClose CommentsPermalink
Calendar No. 118CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 6899CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
September 18 (legislative day, September 17), 2008CommentsClose CommentsPermalink
Received and read the first timeCommentsClose CommentsPermalink
November 18, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendar under authority of the order of the Senate of November 17 (legislative day, September 17), 2008CommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To advance the national security interests of the United States by reducing its dependency on oil through renewable and clean, alternative fuel technologies while building a bridge to the future through expanded access to Federal oil and natural gas resources, revising the relationship between the oil and gas industry and the consumers who own those resources and deserve a fair return from the development of publicly owned oil and gas, ending tax subsidies for large oil and gas companies, and facilitating energy efficiencies in the building, housing, and transportation sectors, 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.
This Act may be cited as the ‘Comprehensive American Energy Security and Consumer Protection Act’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--FEDERAL OIL AND GAS LEASING
Subtitle A--Outer Continental Shelf Oil and Gas Leasing
Sec. 101. Prohibition on leasing.CommentsClose CommentsPermalink
Sec. 102. Opening of certain areas to oil and gas leasing.CommentsClose CommentsPermalink
Sec. 103. Coastal State roles and responsibilities.CommentsClose CommentsPermalink
Sec. 104. Protection of the environment and conservation of the natural resources of the Outer Continental Shelf.CommentsClose CommentsPermalink
Sec. 105. Limitations.CommentsClose CommentsPermalink
Sec. 106. Prohibition on leasing in certain Federal protected areas.CommentsClose CommentsPermalink
Sec. 107. No effect on applicable law.CommentsClose CommentsPermalink
Sec. 108. Buy American requirements.CommentsClose CommentsPermalink
Sec. 109. Small, woman-owned, and minority-owned businesses.CommentsClose CommentsPermalink
Sec. 110. Definitions.CommentsClose CommentsPermalink
Subtitle B--Diligent Development of Federal Oil and Gas Leases
Sec. 121. Clarification.CommentsClose CommentsPermalink
Sec. 122. Covered provisions.CommentsClose CommentsPermalink
Sec. 123. Regulations.CommentsClose CommentsPermalink
Sec. 124. Resource estimates and leasing program management indicators.CommentsClose CommentsPermalink
Subtitle C--Royalties Under Offshore Oil and Gas Leases
Sec. 131. Short title.CommentsClose CommentsPermalink
Sec. 132. Price thresholds for royalty suspension provisions.CommentsClose CommentsPermalink
Sec. 133. Clarification of authority to impose price thresholds for certain lease sales.CommentsClose CommentsPermalink
Sec. 134. Eligibility for new leases and the transfer of leases; conservation of resources fees.CommentsClose CommentsPermalink
Sec. 135. Strategic Energy Efficiency and Renewables Reserve.CommentsClose CommentsPermalink
Subtitle D--Accountability and Integrity in the Federal Energy Program
Sec. 141. Royalty in-kind.CommentsClose CommentsPermalink
Sec. 142. Fair return on production of Federal oil and gas resources.CommentsClose CommentsPermalink
Sec. 143. Royalty-in-kind ethics.CommentsClose CommentsPermalink
Sec. 144. Prohibition on certain gifts.CommentsClose CommentsPermalink
Sec. 145. Strengthening the ability of the Interior Department Inspector General to secure cooperation.CommentsClose CommentsPermalink
Subtitle E--Federal Oil and Gas Royalty Reform
Sec. 151. Amendments to definitions.CommentsClose CommentsPermalink
Sec. 152. Interest.CommentsClose CommentsPermalink
Sec. 153. Obligation period.CommentsClose CommentsPermalink
Sec. 154. Tolling agreements and subpoenas.CommentsClose CommentsPermalink
Sec. 155. Liability for royalty payments.CommentsClose CommentsPermalink
Subtitle F--National Petroleum Reserve in Alaska
Sec. 161. Short title.CommentsClose CommentsPermalink
Sec. 162. Acceleration of lease sales for National Petroleum Reserve in Alaska.CommentsClose CommentsPermalink
Sec. 163. National Petroleum Reserve in Alaska: pipeline construction.CommentsClose CommentsPermalink
Sec. 164. Alaska natural gas pipeline project facilitation.CommentsClose CommentsPermalink
Sec. 165. Project labor agreements and other pipeline requirements.CommentsClose CommentsPermalink
Sec. 166. Ban on export of Alaskan oil.CommentsClose CommentsPermalink
Subtitle G--Oil Shale
Sec. 171. Oil shale leasing.CommentsClose CommentsPermalink
TITLE II--CONSUMER ENERGY SUPPLY
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Definitions.CommentsClose CommentsPermalink
Sec. 203. Sale and replacement of oil from the Strategic Petroleum Reserve.CommentsClose CommentsPermalink
TITLE III--PUBLIC TRANSPORTATION
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Findings.CommentsClose CommentsPermalink
Sec. 303. Grants to improve public transportation services.CommentsClose CommentsPermalink
Sec. 304. Increased Federal share for Clean Air Act compliance.CommentsClose CommentsPermalink
Sec. 305. Transportation fringe benefits.CommentsClose CommentsPermalink
Sec. 306. Capital cost of contracting vanpool pilot program.CommentsClose CommentsPermalink
Sec. 307. National consumer awareness program.CommentsClose CommentsPermalink
Sec. 308. Exception to alternative fuel procurement requirement.CommentsClose CommentsPermalink
TITLE IV--GREATER ENERGY EFFICIENCY IN BUILDING CODES
Sec. 401. Greater energy efficiency in building codes.CommentsClose CommentsPermalink
TITLE V--FEDERAL RENEWABLE ELECTRICITY STANDARD
Sec. 501. Federal renewable electricity standard.CommentsClose CommentsPermalink
TITLE VI--GREEN RESOURCES FOR ENERGY EFFICIENT NEIGHBORHOODS
Sec. 601. Short title and table of contents.CommentsClose CommentsPermalink
Sec. 602. Definitions.CommentsClose CommentsPermalink
Sec. 603. Implementation of energy efficiency participation incentives for HUD programs.CommentsClose CommentsPermalink
Sec. 604. Minimum HUD energy efficiency standards and standards for additional credit.CommentsClose CommentsPermalink
Sec. 605. Energy efficiency and conservation demonstration program for multifamily housing projects assisted with project-based rental assistance.CommentsClose CommentsPermalink
Sec. 606. Additional credit for Fannie Mae and Freddie Mac housing goals for energy efficient mortgages.CommentsClose CommentsPermalink
Sec. 607. Duty to serve underserved markets for energy-efficient and location-efficient mortgages.CommentsClose CommentsPermalink
Sec. 608. Consideration of energy efficiency under FHA mortgage insurance programs and Native American and Native Hawaiian loan guarantee programs.CommentsClose CommentsPermalink
Sec. 609. Energy efficient mortgages education and outreach campaign.CommentsClose CommentsPermalink
Sec. 610. Collection of information on energy-efficient and location efficient mortgages through Home Mortgage Disclosure Act.CommentsClose CommentsPermalink
Sec. 611. Ensuring availability of homeowners insurance for homes not connected to electricity grid.CommentsClose CommentsPermalink
Sec. 612. Mortgage incentives for energy-efficient multifamily housing.CommentsClose CommentsPermalink
Sec. 613. Energy efficiency certifications for housing with mortgages insured by FHA.CommentsClose CommentsPermalink
Sec. 614. Assisted housing energy loan pilot program.CommentsClose CommentsPermalink
Sec. 615. Residential energy efficiency block grant program.CommentsClose CommentsPermalink
Sec. 616. Including sustainable development in comprehensive housing affordability strategies.CommentsClose CommentsPermalink
Sec. 617. Grant program to increase sustainable low-income community development capacity.CommentsClose CommentsPermalink
Sec. 618. Utilization of energy performance contracts in HOPE VI.CommentsClose CommentsPermalink
Sec. 619. HOPE VI green developments requirement.CommentsClose CommentsPermalink
Sec. 620. Consideration of energy-efficiency improvements in appraisals.CommentsClose CommentsPermalink
Sec. 621. Assistance for Housing Assistance Council.CommentsClose CommentsPermalink
Sec. 622. Rural housing and economic development assistance.CommentsClose CommentsPermalink
Sec. 623. Loans to States and Indian tribes to carry out renewable energy sources activities.CommentsClose CommentsPermalink
Sec. 624. Green banking centers.CommentsClose CommentsPermalink
Sec. 625. Public housing energy cost report.CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Alternative fuel pumps.CommentsClose CommentsPermalink
Sec. 702. National Energy Center of Excellence.CommentsClose CommentsPermalink
Sec. 703. Sense of Congress regarding renewable biomass.CommentsClose CommentsPermalink
TITLE VIII--ENERGY TAX INCENTIVES
Sec. 800. Short title, etc.CommentsClose CommentsPermalink
Subtitle A--Energy Production Incentives
Part 1--Renewable Energy Incentives
Sec. 801. Renewable energy credit.CommentsClose CommentsPermalink
Sec. 802. Production credit for electricity produced from marine renewables.CommentsClose CommentsPermalink
Sec. 803. Energy credit.CommentsClose CommentsPermalink
Sec. 804. Credit for residential energy efficient property.CommentsClose CommentsPermalink
Sec. 805. Special rule to implement FERC and State electric restructuring policy.CommentsClose CommentsPermalink
Sec. 806. New clean renewable energy bonds.CommentsClose CommentsPermalink
Part 2--Carbon Mitigation Provisions
Sec. 811. Expansion and modification of advanced coal project investment credit.CommentsClose CommentsPermalink
Sec. 812. Expansion and modification of coal gasification investment credit.CommentsClose CommentsPermalink
Sec. 813. Temporary increase in coal excise tax.CommentsClose CommentsPermalink
Sec. 814. Special rules for refund of the coal excise tax to certain coal producers and exporters.CommentsClose CommentsPermalink
Sec. 815. Carbon audit of the tax code.CommentsClose CommentsPermalink
Subtitle B--Transportation and Domestic Fuel Security Provisions
Sec. 821. Inclusion of cellulosic biofuel in bonus depreciation for biomass ethanol plant property.CommentsClose CommentsPermalink
Sec. 822. Credits for biodiesel and renewable diesel.CommentsClose CommentsPermalink
Sec. 823. Clarification that credits for fuel are designed to provide an incentive for United States production.CommentsClose CommentsPermalink
Sec. 824. Credit for new qualified plug-in electric drive motor vehicles.CommentsClose CommentsPermalink
Sec. 825. Exclusion from heavy truck tax for idling reduction units and advanced insulation.CommentsClose CommentsPermalink
Sec. 826. Restructuring of New York Liberty Zone tax credits.CommentsClose CommentsPermalink
Sec. 827. Transportation fringe benefit to bicycle commuters.CommentsClose CommentsPermalink
Sec. 828. Alternative fuel vehicle refueling property credit.CommentsClose CommentsPermalink
Sec. 829. Energy security bonds.CommentsClose CommentsPermalink
Sec. 830. Certain income and gains relating to alcohol fuels and mixtures, biodiesel fuels and mixtures, and alternative fuels and mixtures treated as qualifying income for publicly traded partnerships.CommentsClose CommentsPermalink
Subtitle C--Energy Conservation and Efficiency Provisions
Sec. 841. Qualified energy conservation bonds.CommentsClose CommentsPermalink
Sec. 842. Credit for nonbusiness energy property.CommentsClose CommentsPermalink
Sec. 843. Energy efficient commercial buildings deduction.CommentsClose CommentsPermalink
Sec. 844. Modifications of energy efficient appliance credit for appliances produced after 2007.CommentsClose CommentsPermalink
Sec. 845. Accelerated recovery period for depreciation of smart meters and smart grid systems.CommentsClose CommentsPermalink
Sec. 846. Qualified green building and sustainable design projects.CommentsClose CommentsPermalink
Subtitle D--Revenue Provisions
Sec. 851. Limitation of deduction for income attributable to domestic production of oil, gas, or primary products thereof.CommentsClose CommentsPermalink
Sec. 852. Clarification of determination of foreign oil and gas extraction income.CommentsClose CommentsPermalink
Sec. 853. Time for payment of corporate estimated taxes.CommentsClose CommentsPermalink
TITLE I--FEDERAL OIL AND GAS LEASINGCommentsClose CommentsPermalink
Subtitle A--Outer Continental Shelf Oil and Gas LeasingCommentsClose CommentsPermalink
SEC. 101. PROHIBITION ON LEASING.
(a) Prohibition- The Outer Continental Shelf Lands Act (
(b) Treatment of Areas in Gulf of Mexico- For purposes of this subtitle, such action with respect to an area referred to in section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of
SEC. 102. OPENING OF CERTAIN AREAS TO OIL AND GAS LEASING.
(a) Leasing Authorized- The Secretary may offer for oil and gas leasing, preleasing, or other related activities, in accordance with this section and the Outer Continental Shelf Lands Act (
(1) that is in any Outer Continental Shelf Planning Area in the Atlantic Ocean or Pacific Ocean that is located farther than 50 miles from the coastline; andCommentsClose CommentsPermalink
(2) that was not otherwise available for oil and gas leasing, preleasing, and other related activities as of July 1, 2008.CommentsClose CommentsPermalink
(b) Inclusion in Leasing Program Required- An area may be offered for lease under this section only if it has been included in an Outer Continental Shelf leasing program approved by the Secretary in accordance with section 18 of the Outer Continental Shelf Lands Act (
(c) Requirement To Conduct Lease Sales- As soon as practicable, consistent with subsection (b) and section 103(a), but not later than 3 years after the date of enactment of this Act, and as appropriate thereafter, the Secretary shall conduct oil and gas lease sales under the Outer Continental Shelf lands Act (
SEC. 103. COASTAL STATE ROLES AND RESPONSIBILITIES.
(a) State Approval of Certain Leasing Required- The Secretary may not conduct any oil and gas leasing or preleasing activity in any area made available for oil and gas leasing by section 102(a) that is located within 100 miles from the coastline and within the seaward lateral boundaries of an adjacent State, unless the adjacent State has enacted a law approving of the issuance of such leasing by the Secretary.CommentsClose CommentsPermalink
(b) Consultation With Adjacent and Neighboring States-CommentsClose CommentsPermalink
(1) IN GENERAL- In addition to the consultation provided for under section 19 of the Outer Continental Shelf Lands Act (
(A) the size, timing, or location of a proposed lease sale; orCommentsClose CommentsPermalink
(B) a proposed development and production plan.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Subsections (b), (c), and (d) of section 19 of the Outer Continental Shelf Lands Act (
SEC. 104. PROTECTION OF THE ENVIRONMENT AND CONSERVATION OF THE NATURAL RESOURCES OF THE OUTER CONTINENTAL SHELF.
The Secretary--CommentsClose CommentsPermalink
(1) shall ensure that any activity under this subtitle is carried out in a manner that provides for the protection of the coastal environment, marine environment, and human environment of State coastal zones and the Outer Continental Shelf; andCommentsClose CommentsPermalink
(2) shall review all Federal regulations that are otherwise applicable to activities authorized by this subtitle to ensure environmentally sound oil and gas operations on the Outer Continental Shelf.CommentsClose CommentsPermalink
SEC. 105. LIMITATIONS.
(a) Compliance With Memorandum- Any oil and gas leasing of areas of the Outer Continental Shelf shall be conducted in accordance with the document entitled ‘Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns On The Outer Continental Shelf’ and dated July 2, 1983, and such revisions thereto as may be agreed to by the Secretary of Defense and the Secretary of the Interior; except that no such revisions may be made prior to January 21, 2009.CommentsClose CommentsPermalink
(b) National Security- Notwithstanding subsection (a), the United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (
SEC. 106. PROHIBITION ON LEASING IN CERTAIN FEDERAL PROTECTED AREAS.
(a) In General- Notwithstanding any other provision of this or any other Federal law, no lease or other authorization may be issued by the Federal Government that authorizes exploration, development, or production of oil or natural gas in--CommentsClose CommentsPermalink
(1) any marine national monument or national marine sanctuary; orCommentsClose CommentsPermalink
(2) the fishing grounds known as Georges Bank in the waters of the United States, which is one of the largest and historically important fishing grounds of the United States.CommentsClose CommentsPermalink
(b) Identification of Coordinates of Georges Bank- The Secretary of Commerce, after publication of public notice and an opportunity for public comment, shall identify the specific coordinates that delineate Georges Bank in the waters of the United States for purposes of subsection (a).CommentsClose CommentsPermalink
SEC. 107. NO EFFECT ON APPLICABLE LAW.
Except as otherwise specifically provided in this subtitle, nothing in this subtitle waives or modifies any applicable environmental or other law.CommentsClose CommentsPermalink
SEC. 108. BUY AMERICAN REQUIREMENTS.
(a) In General- It is the intent of Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.CommentsClose CommentsPermalink
(b) Safeguard for Extraordinary Ability- Section 30(a) of the Outer Continental Shelf Lands Act (
SEC. 109. SMALL, WOMAN-OWNED, AND MINORITY-OWNED BUSINESSES.
Section 8 of the Outer Continental Shelf Lands Act (
‘(q) Opportunities for Leasing- The Secretary shall establish goals to ensure equal opportunity to bid on offshore leases for qualified small, women-owned, and minority-owned exploration and production companies and may implement, where appropriate, outreach programs for qualified historically underutilized exploration and production companies to participate in the bidding process for offshore leases.’.CommentsClose CommentsPermalink
SEC. 110. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ADJACENT STATE- The term ‘adjacent State’ means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved in accordance with the Outer Continental Shelf Lands Act (43U.S.C. 1331 et seq.), the State, the laws of which are declared pursuant to section 4(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.1333(a)(2)) to be the law of the United States for the portion of the Outer Continental Shelf on which the program, plan, lease sale, leased tract, or activity is, or is proposed to be, conducted.CommentsClose CommentsPermalink
(2) COASTAL ENVIRONMENT- The term ‘coastal environment’ has the meaning given that term in the Outer Continental Shelf Lands Act (
(3) COASTAL ZONE- The term ‘coastal zone’ has the meaning given that term in the Outer Continental Shelf Lands Act (
(4) COASTLINE- The term ‘coastline’ has the meaning given the term ‘coast line’ under section 2 of the Submerged Lands Act (
(5) HUMAN ENVIRONMENT- The term ‘human environment’ has the meaning given that term in the Outer Continental Shelf Lands Act (
(6) MARINE ENVIRONMENT- The term ‘marine environment’ has the meaning given that term in the Outer Continental Shelf Lands Act (
(7) OUTER CONTINENTAL SHELF- The term ‘Outer Continental Shelf’ has the meaning given the term ‘outer Continental Shelf’ under section 2 of the Outer Continental Shelf Lands Act (
(8) SEAWARD LATERAL BOUNDARY- The term ‘seaward lateral boundary’ means a boundary drawn by the Minerals Management Service in the Federal Register notice of January 3, 2006 (vol 71, no. 1).CommentsClose CommentsPermalink
(9) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
Subtitle B--Diligent Development of Federal Oil and Gas LeasesCommentsClose CommentsPermalink
SEC. 121. CLARIFICATION.
The lands subject to each lease that authorizes the exploration for or development or production of oil or natural gas that is issued under a provision of law described in section 122 shall be diligently developed for such production by the person holding the lease in order to ensure timely production from the lease.CommentsClose CommentsPermalink
SEC. 122. COVERED PROVISIONS.
The provisions referred to in section 121 are the following:CommentsClose CommentsPermalink
(1) Section 17 of the Mineral Leasing Act (
(2) Section 107 of the Naval Petroleum Reserves Production Act of 1976 (
(3) The Outer Continental Shelf Lands Act (43
(4) The Mineral Leasing Act for Acquired Lands (
SEC. 123. REGULATIONS.
The Secretary shall issue regulations within 180 days after the date of enactment of this Act that establish what constitutes diligently developing for purposes of this subtitle.CommentsClose CommentsPermalink
SEC. 124. RESOURCE ESTIMATES AND LEASING PROGRAM MANAGEMENT INDICATORS.
(a) In General- The Secretary of the Interior shall annually collect and report to Congress--CommentsClose CommentsPermalink
(1) the number of leases and the number of acres of land under Federal onshore oil and gas lease, per State and per year the lease was issued--CommentsClose CommentsPermalink
(A) on which seismic exploration activity is occurring or has occurred;CommentsClose CommentsPermalink
(B) on which permits to drill have been applied for, but not yet awarded;CommentsClose CommentsPermalink
(C) on which permits to drill have been approved, but no drilling has yet occurred;CommentsClose CommentsPermalink
(D) on which wells have been drilled but no production has occurred; andCommentsClose CommentsPermalink
(E) on which production is occurring;CommentsClose CommentsPermalink
(2) resource estimates for and the number of acres of Federal onshore and offshore lands, by State or offshore planning area--CommentsClose CommentsPermalink
(A) under lease, per year the lease was issued;CommentsClose CommentsPermalink
(B) under lease and not producing, per year the lease was issued;CommentsClose CommentsPermalink
(C) under lease and drilled, but not producing, per year the lease was issued;CommentsClose CommentsPermalink
(D) offered for lease in a lease sale conducted during the previous year, but not leased; andCommentsClose CommentsPermalink
(E) available for leasing but not under lease or offered for leasing in the previous year;CommentsClose CommentsPermalink
(3) resource estimates for and the number of acres of unleased Federal onshore and offshore land available for oil and gas leasing;CommentsClose CommentsPermalink
(4) resource estimates for and the number of acres of areas of the Outer Continental Shelf--CommentsClose CommentsPermalink
(A) included in proposed sale areas in the most recent 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (
(B) available for oil and gas leasing but not included in the 5-year plan;CommentsClose CommentsPermalink
(5) the number of leases and the number of acres of Federal onshore land, per Bureau of Land Management field office, offered in a lease sale conducted during the previous year, including data on the number of protests filed and how many lease tracts were withdrawn as a result of such protests, and how many leases were offered and issued with stipulations as a result of those protests, including the name of the entity or entities filing the protests;CommentsClose CommentsPermalink
(6) the number of applications for permits to drill received, approved, pending, and denied, in the previous year per Bureau of Land Management and Minerals Management Service field office;CommentsClose CommentsPermalink
(7) the number of environmental inspections conducted per State and per Bureau of Land Management and Minerals Management Service field office in the previous year; andCommentsClose CommentsPermalink
(8) the number of full time staff equivalent (FTEs) devoted to permit processing and oversight per Bureau of Land Management and Minerals Management Service field office.CommentsClose CommentsPermalink
(b) Covered Provisions- Subsection (a) shall apply with respect to leases and land eligible for leasing pursuant to--CommentsClose CommentsPermalink
(1) section 17 of the Mineral Leasing Act (
(2) the Mineral Leasing Act for Acquired Lands (
(3) section 107 of the Naval Petroleum Reserves Production Act of 1976 (
(4) the Outer Continental Shelf Lands Act (
Subtitle C--Royalties Under Offshore Oil and Gas LeasesCommentsClose CommentsPermalink
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ‘Royalty Relief for American Consumers Act of 2008’.CommentsClose CommentsPermalink
SEC. 132. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.
The Secretary of the Interior shall agree to a request by any lessee to amend any oil and gas lease issued for any Gulf of Mexico tract during the period of January 1, 1998, through December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
SEC. 133. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE THRESHOLDS FOR CERTAIN LEASE SALES.
Congress reaffirms the authority of the Secretary of the Interior under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (
SEC. 134. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES; CONSERVATION OF RESOURCES FEES.
(a) Issuance of New Leases-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall not issue any new lease that authorizes the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (
(A) the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
(B) the person has--CommentsClose CommentsPermalink
(i) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; orCommentsClose CommentsPermalink
(ii) entered into an agreement with the Secretary under which the person is obligated to pay such fees.CommentsClose CommentsPermalink
(2) PERSONS DESCRIBED- A person referred to in paragraph (1) is a person that--CommentsClose CommentsPermalink
(A) is a lessee that--CommentsClose CommentsPermalink
(i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; orCommentsClose CommentsPermalink
(ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; orCommentsClose CommentsPermalink
(B) any other person or entity who has any direct or indirect interest in, or who derives any benefit from, a covered lease;CommentsClose CommentsPermalink
(3) MULTIPLE LESSEES-CommentsClose CommentsPermalink
(A) IN GENERAL- For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
(B) TREATMENT OF SHARE AS COVERED LEASE- Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement.CommentsClose CommentsPermalink
(b) Conservation of Resources Fees-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior by regulation shall establish--CommentsClose CommentsPermalink
(A) a conservation of resources fee for producing Federal oil and gas leases in the Gulf of Mexico; andCommentsClose CommentsPermalink
(B) a conservation of resources fee for nonproducing Federal oil and gas leases in the Gulf of Mexico.CommentsClose CommentsPermalink
(2) PRODUCING LEASE FEE TERMS- The fee under paragraph (1)(A)--CommentsClose CommentsPermalink
(A) subject to subparagraph (C), shall apply to covered leases that are producing leases;CommentsClose CommentsPermalink
(B) shall be set at $9 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005 dollars; andCommentsClose CommentsPermalink
(C) shall apply only to production of oil or gas occurring--CommentsClose CommentsPermalink
(i) in any calendar year in which the arithmetic average of the daily closing prices for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars; andCommentsClose CommentsPermalink
(ii) on or after October 1, 2006.CommentsClose CommentsPermalink
(3) NONPRODUCING LEASE FEE TERMS- The fee under paragraph (1)(B)--CommentsClose CommentsPermalink
(A) subject to subparagraph (C), shall apply to leases that are nonproducing leases;CommentsClose CommentsPermalink
(B) shall be set at $3.75 per acre per year in 2005 dollars; andCommentsClose CommentsPermalink
(C) shall apply on and after October 1, 2006.CommentsClose CommentsPermalink
(4) TREATMENT OF RECEIPTS- Amounts received by the United States as fees under this subsection shall be treated as offsetting receipts.CommentsClose CommentsPermalink
(c) Transfers- A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (
(1) the lessee or other person has--CommentsClose CommentsPermalink
(A) renegotiated all covered leases of the lessee or other person; andCommentsClose CommentsPermalink
(B) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
(2) the lessee or other person has--CommentsClose CommentsPermalink
(A) paid all fees established by the Secretary under subsection (b) that are due with respect to each covered lease for which the person is a lessee; orCommentsClose CommentsPermalink
(B) entered into an agreement with the Secretary under which the person is obligated to pay such fees.CommentsClose CommentsPermalink
(d) Definitions- In this section--CommentsClose CommentsPermalink
(1) COVERED LEASE- The term ‘covered lease’ means a lease for oil or gas production in the Gulf of Mexico that is--CommentsClose CommentsPermalink
(A) in existence on the date of enactment of this Act;CommentsClose CommentsPermalink
(B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (
(C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
(2) LESSEE- The term ‘lessee’ includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 135. STRATEGIC ENERGY EFFICIENCY AND RENEWABLES RESERVE.
(a) In General- For budgetary purposes, the net increase in Federal receipts by reason of the enactment of this Act shall be held in a separate account to be known as the ‘Strategic Energy Efficiency and Renewables Reserve’. The Strategic Energy Efficiency and Renewables Reserve shall be available to offset the cost of subsequent legislation--CommentsClose CommentsPermalink
(1) to accelerate the use of clean domestic renewable energy resources and alternative fuels;CommentsClose CommentsPermalink
(2) to promote the utilization of energy-efficient products and practices and energy conservation;CommentsClose CommentsPermalink
(3) to increase research, development, and deployment of clean renewable energy and efficiency technologies;CommentsClose CommentsPermalink
(4) to provide increased assistance for low income home energy and weatherization programs;CommentsClose CommentsPermalink
(5) to further the purposes set forth in section 1(b) of the Land and Water Conservation Fund Act of 1965 (
(6) to increase research, development, and demonstration of carbon capture and sequestration technologies.CommentsClose CommentsPermalink
(b) Procedure for Adjustments-CommentsClose CommentsPermalink
(1) BUDGET COMMITTEE CHAIRMAN- After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in subsection (a) in excess of the amounts provided for those purposes for fiscal year 2007, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in paragraph (2) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority.CommentsClose CommentsPermalink
(2) MATTERS TO BE ADJUSTED- The adjustments referred to in paragraph (1) are to be made to--CommentsClose CommentsPermalink
(A) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget;CommentsClose CommentsPermalink
(B) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of Congressional Budget Act of 1974; andCommentsClose CommentsPermalink
(C) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of Congressional Budget Act of 1974.CommentsClose CommentsPermalink
(3) AMOUNTS OF ADJUSTMENTS- The adjustments referred to in paragraphs (1) and (2) shall not exceed the total of the receipts over a 10-year period, as estimated by the Congressional Budget Office upon the enactment of this Act.CommentsClose CommentsPermalink
Subtitle D--Accountability and Integrity in the Federal Energy ProgramCommentsClose CommentsPermalink
SEC. 141. ROYALTY IN-KIND.
Section 342(d) of the Energy Policy Act of 2005 (
‘(d) Benefit to the United States Required- The Secretary may receive oil or gas royalties in-kind only if the Secretary determines that receiving royalties in-kind provides benefits to the United States that are greater than or equal to the benefits that would likely be received if the royalties were taken in-value, and if the Secretary determines that receiving royalties in-kind is consistent with the fiduciary duties of the Secretary on behalf of the American people.’.CommentsClose CommentsPermalink
SEC. 142. FAIR RETURN ON PRODUCTION OF FEDERAL OIL AND GAS RESOURCES.
(a) Royalty Payments- The Secretary of the Interior shall take all steps necessary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on Federal lands, including leases under the Mineral Leasing Act (
(b) Recommendations for Legislative Action- In order to facilitate implementation of subsection (a), the Secretary of the Interior shall, within 180 days after the date of enactment of this Act and in consultation with the affected States, prepare and transmit to Congress recommendations for legislative action to improve the accurate collection of Federal oil and gas royalties.CommentsClose CommentsPermalink
SEC. 143. ROYALTY-IN-KIND ETHICS.
(a) Gift Ban-CommentsClose CommentsPermalink
(1) PROHIBITION- No employee of the Minerals Management Service may--CommentsClose CommentsPermalink
(A) accept gifts of any value from any prohibited source; orCommentsClose CommentsPermalink
(B) seek, accept, or hold employment with any prohibited source.CommentsClose CommentsPermalink
(2) PENALTY- Any person who violates paragraph (1) shall be subject to such penalties as the Secretary of the Interior considers appropriate, which may include suspension without pay or termination.CommentsClose CommentsPermalink
(b) Training- The Secretary of the Interior shall implement a robust ethics training program for employees of the Royalty-In-Kind division of the Minerals Management Service that is in addition to the standard ethics training that such employees are already required to attend. Such additional training program shall require written certification by each such employee that the employee knows and understands the ethics requirements by which the employee is bound.CommentsClose CommentsPermalink
(c) Code of Ethics- The Secretary of the Interior shall promulgate, within 180 days after the date of the enactment of this Act, a code of ethics for all employees of the Minerals Management Service. The code of ethics shall provide clear direction relating to the obligations, prohibitions, and consequences of misconduct.CommentsClose CommentsPermalink
(d) Drug Testing- The Secretary of the Interior shall, within 180 days after the date of the enactment of this Act, implement a random drug testing program for the employees of the royalty-in-kind division of the Minerals Management Service.CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) GIFT- The term ‘gift’--CommentsClose CommentsPermalink
(A) includes any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value; andCommentsClose CommentsPermalink
(B) includes services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.CommentsClose CommentsPermalink
(2) PROHIBITED SOURCE- The term ‘prohibited source’ means, with respect to an employee, any person who--CommentsClose CommentsPermalink
(A) is seeking official action by the Minerals Management Service;CommentsClose CommentsPermalink
(B) does business or seeks to do business with the Minerals Management Service;CommentsClose CommentsPermalink
(C) conducts activities regulated by the Minerals Management Service;CommentsClose CommentsPermalink
(D) has interests that may be substantially affected by performance or nonperformance of the employee’s official duties; orCommentsClose CommentsPermalink
(E) is an organization a majority of whose members are described in any of subparagraphs (A) through (D).CommentsClose CommentsPermalink
(f) Other Ethics Requirements Apply- The prohibitions and requirements under this section are to be in addition to any other requirements that apply to employees of the Minerals Management Service.CommentsClose CommentsPermalink
SEC. 144. PROHIBITION ON CERTAIN GIFTS.
(1) by redesignating subsections (d) and (e) as subsections (e) and (f); andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d)(1) Whoever--CommentsClose CommentsPermalink
‘(A) seeking or holding one or more leases of property from the United States, through the Minerals Management Service of the Department of the Interior, for purposes of oil or mineral extraction, knowingly engages in a course of conduct that consists of providing things of value to a public official of, or person who has been selected to be a public official of, the Minerals Management Service, because of the official’s or person’s position in the Minerals Management Service; orCommentsClose CommentsPermalink
‘(B) being a public official of, or person who has been selected to be a public official of, the Minerals Management Service of the Department of the Interior, knowingly engages in a course of conduct consisting of receiving things of value, knowing that such things of value were provided because of the official’s or person’s position in the Minerals Management Service, from a person seeking or holding one or more leases of property from the United States, through the Minerals Management Service, for purposes of oil or mineral extraction;CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than two years, or both, except that a corporation, partnership, or other organization that violates subparagraph (A) shall be fined $25,000,000 and an amount equal to its gross revenues arising, during the period in which the course of conduct described in subparagraph (A) occurred, from the lease or leases described in that subparagraph.CommentsClose CommentsPermalink
‘(2) For purposes of this subsection, the term ‘course of conduct’ means a series of acts over a period of time evidencing a continuity of purpose.CommentsClose CommentsPermalink
‘(3)(A) The Attorney General may bring a civil action in the appropriate United States district court against any corporation, partnership, or other organization that engages in conduct constituting an offense under paragraph (1)(A) and, upon proof of such conduct by a preponderance of the evidence, such corporation, partnership, or other organization shall be subject to a civil penalty of not more than $25,000,000 and an amount equal to its gross revenues arising, during the period in which the course of conduct described in paragraph (1)(A) occurred, from the lease or leases described in that paragraph.CommentsClose CommentsPermalink
‘(B) If a corporation, partnership, or other organization is held liable for a civil penalty under subparagraph (A) for a violation of paragraph (1)(A), the United States may terminate the lease or leases that were the subject to the violation, and the United States shall not be liable for any damages to any party to such lease or leases by reason of such termination.CommentsClose CommentsPermalink
‘(C) The imposition of a civil penalty under this paragraph does not preclude any other criminal or civil statutory, common law, or administrative remedy that is available to the United States, or any other person, under this section or any other law.’.CommentsClose CommentsPermalink
SEC. 145. STRENGTHENING THE ABILITY OF THE INTERIOR DEPARTMENT INSPECTOR GENERAL TO SECURE COOPERATION.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8K the following:CommentsClose CommentsPermalink
‘SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF THE INTERIOR
‘Sec. 8L. Notwithstanding section 6(a)(4), the Inspector General of the Department of the Interior may, in any inquiry or investigation involving leases of property from the United States through the Minerals Management Services for purposes of oil and mineral extraction, require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium, including electronically stored information and tangible things, and testimony necessary in the performance of the functions assigned by this Act, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court: Provided, that procedures other than subpoenas shall be used by the Inspector General to obtain documents, information, or testimony from Federal agencies.’.CommentsClose CommentsPermalink
Subtitle E--Federal Oil and Gas Royalty ReformCommentsClose CommentsPermalink
SEC. 151. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (
(1) in paragraph (20)(A), by striking ‘: Provided, That’ and all that follows through ‘subject of the judicial proceeding’;CommentsClose CommentsPermalink
(2) in paragraph (20)(B), by striking ‘(with written notice to the lessee who designated the designee)’;CommentsClose CommentsPermalink
(3) in paragraph (23)(A), by striking ‘(with written notice to the lessee who designated the designee)’;CommentsClose CommentsPermalink
(4) by amending paragraph (24) to read as follows:CommentsClose CommentsPermalink
‘(24) ‘designee’ means any person who pays, offsets, or credits monies, makes adjustments, requests and receives refunds, or submits reports with respect to payments a lessee must make pursuant to section 102(a);’;CommentsClose CommentsPermalink
(5) in paragraph (25)(B), by striking ‘(subject to the provisions of section 102(a) of this Act)’; andCommentsClose CommentsPermalink
(6) in paragraph (26), by striking ‘(with notice to the lessee who designated the designee)’.CommentsClose CommentsPermalink
SEC. 152. INTEREST.
(a) Estimated Payments; Interest on Amount of Underpayment- Section 111(j) of the Federal Oil and Gas Royalty Management Act of 1982 (
(b) Overpayments- Section 111 of the Federal Oil and Gas Royalty Management Act of 1982 (
(c) Effective Date- The amendments made by this section shall be effective one year after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 153. OBLIGATION PERIOD.
Section 115(c) of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(3) ADJUSTMENTS- In the case of an adjustment under section 111A(a) (
) in which a recoupment by the lessee results in an underpayment of an obligation, for purposes of this Act the obligation becomes due on the date the lessee or its designee makes the adjustment.’.CommentsClose CommentsPermalink 30 U.S.C. 1721a(a)
SEC. 154. TOLLING AGREEMENTS AND SUBPOENAS.
(a) Tolling Agreements- Section 115(d)(1) of the Federal Oil and Gas Royalty Management Act of 1982 (
(b) Subpoenas- Section 115(d)(2)(A) of the Federal Oil and Gas Royalty Management Act of 1982 (
SEC. 155. LIABILITY FOR ROYALTY PAYMENTS.
Section 102(a) of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(a) In order to increase receipts and achieve effective collections of royalty and other payments, a lessee who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make such payments in the time and manner as may be specified by the Secretary or the applicable delegated State. Any person who pays, offsets or credits monies, makes adjustments, requests and receives refunds, or submits reports with respect to payments the lessee must make is the lessee’s designee under this Act. Notwithstanding any other provision of this Act to the contrary, a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty under the lease. The person owning operating rights in a lease and a person owning legal record title in a lease shall be liable for that person’s pro rata share of payment obligations under the lease.’.CommentsClose CommentsPermalink
Subtitle F--National Petroleum Reserve in AlaskaCommentsClose CommentsPermalink
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ‘Drill Responsibly in Leased Lands Act of 2008’.CommentsClose CommentsPermalink
SEC. 162. ACCELERATION OF LEASE SALES FOR NATIONAL PETROLEUM RESERVE IN ALASKA.
Section 107(d) of the Naval Petroleum Reserves Production Act of 1976 (
(1) by striking ‘(d)’ and all that follows through ‘; first lease sale’ and inserting the following:CommentsClose CommentsPermalink
‘(d) Lease Sales-CommentsClose CommentsPermalink
‘(1) FIRST LEASE SALE- The first lease sale’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) SUBSEQUENT LEASE SALES- The Secretary shall accelerate, to the maximum extent practicable, competitive and environmentally responsible leasing of oil and gas in the Reserve in accordance with this Act and all applicable environmental laws, including at least 1 lease sale during each of calendar years 2009 through 2013.’.CommentsClose CommentsPermalink
SEC. 163. NATIONAL PETROLEUM RESERVE IN ALASKA: PIPELINE CONSTRUCTION.
The Federal Energy Regulatory Commission shall facilitate, in an environmentally responsible manner and in coordination with the Secretary of the Interior, the Secretary of Transportation, the Secretary of Energy, and the State of Alaska, the construction of pipelines necessary to transport oil and natural gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska.CommentsClose CommentsPermalink
SEC. 164. ALASKA NATURAL GAS PIPELINE PROJECT FACILITATION.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Over 35 trillion cubic feet of natural gas reserves have been discovered on Federal and State lands currently open to oil and natural gas leasing on the North Slope of Alaska.CommentsClose CommentsPermalink
(2) These gas supplies could make a significant contribution to meeting the energy needs of the United States, but the lack of a natural gas transportation system has prevented these natural gas reserves from reaching markets in the lower 48 States.CommentsClose CommentsPermalink
(b) Facilitation by President- The President shall, pursuant to the Alaska Natural Gas Pipeline Act (division C of
SEC. 165. PROJECT LABOR AGREEMENTS AND OTHER PIPELINE REQUIREMENTS.
(a) Project Labor Agreements- The President, as a term and condition of any permit required under Federal law for the pipelines referred to in section 163 and 164, and in recognizing the Government’s interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of such pipelines to be developed under such permits and the special concerns of the holders of such permits, shall require that the operators of such pipelines and their agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction for such pipelines.CommentsClose CommentsPermalink
(b) Pipeline Maintenance- The Secretary of Transportation shall require every pipeline operator authorized to transport oil and gas produced under Federal oil and gas leases in Alaska through the Trans-Alaska Pipeline, any pipeline constructed pursuant to section 163 or 164 of this Act, or any other federally approved pipeline transporting oil and gas from the North Slope of Alaska, to certify to the Secretary of Transportation annually that such pipeline is being fully maintained and operated in an efficient manner. The Secretary of Transportation shall assess appropriate civil penalties for violations of this requirement in the same manner as civil penalties are assessed for violations under
SEC. 166. BAN ON EXPORT OF ALASKAN OIL.
(a) Repeal of Provision Authorizing Exports- Section 28(s) of the Mineral Leasing Act (
(b) Reimposition of Prohibition on Crude Oil Exports- Upon the effective date of this Act, subsection (d) of section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)), shall be effective, and any other provision of that Act (including sections 11 and 12) shall be effective to the extent necessary to carry out such section 7(d), notwithstanding section 20 of that Act or any other provision of law that would otherwise allow exports of oil to which such section 7(d) applies.CommentsClose CommentsPermalink
Subtitle G--Oil ShaleCommentsClose CommentsPermalink
SEC. 171. OIL SHALE LEASING.
(a) Repeal of Restriction- Section 433 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (division F of
(b) Requirement That State Approve of Oil Shale Leasing- Section 369 of the Energy Policy Act of 2005 (
‘(t) Requirement That State Approve of Oil Shale Leasing- No lease may be issued under this section, section 21 of the Mineral Leasing Act (
), or any other law, for exploration, research, development, or production of oil shale on lands located in a State, unless the State has enacted a law approving of Federal oil shale leasing in the State. Nothing in this subsection shall be construed as preventing the Department of the Interior from preparing an environmental impact statement under the existing authority under the National Environmental Policy Act of 1969 ( 30 U.S.C. 241 et seq.) with respect to an individual lease sale proposed under the commercial leasing program established under this section.’.CommentsClose CommentsPermalink 42 U.S.C. 4321
TITLE II--CONSUMER ENERGY SUPPLYCommentsClose CommentsPermalink
SEC. 201. SHORT TITLE.
This title may be cited as the ‘Consumer Energy Supply Act of 2008’.CommentsClose CommentsPermalink
SEC. 202. DEFINITIONS.
In this title--CommentsClose CommentsPermalink
(1) the term ‘light grade petroleum’ means crude oil with an API gravity of 30 degrees or higher;CommentsClose CommentsPermalink
(2) the term ‘heavy grade petroleum’ means crude oil with an API gravity of 26 degrees or lower; andCommentsClose CommentsPermalink
(3) the term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
SEC. 203. SALE AND REPLACEMENT OF OIL FROM THE STRATEGIC PETROLEUM RESERVE.
(a) Initial Petroleum Sale and Replacement- Notwithstanding section 161 of the Energy Policy and Conservation Act (
(1) sell, in the amounts and on the schedule described in subsection (b), light grade petroleum from the Strategic Petroleum Reserve and acquire an equivalent volume of heavy grade petroleum;CommentsClose CommentsPermalink
(2) deposit the cash proceeds from sales under paragraph (1) into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act (
(3) from the cash proceeds deposited pursuant to paragraph (2), withdraw the amount necessary to pay for the direct administrative and operational costs of the sale and acquisition.CommentsClose CommentsPermalink
(b) Amounts and Schedule- The sale and acquisition described in subsection (a) shall require the offer for sale of a total quantity of 70,000,000 barrels of light grade petroleum from the Strategic Petroleum Reserve. The sale shall commence, whether or not a plan has been published under subsection (a), not later than 30 days after the date of enactment of this Act and be completed no more than six months after the date of enactment of this Act, with at least 20,000,000 barrels to be offered for sale within the first 60 days after the date of enactment of this Act. In no event shall the Secretary sell barrels of oil under subsection (a) that would result in a Strategic Petroleum Reserve that contains fewer than 90 percent of the total amount of barrels in the Strategic Petroleum Reserve as of the date of enactment of this Act. Heavy grade petroleum, to replace the quantities of light grade petroleum sold under this section, shall be obtained through acquisitions which--CommentsClose CommentsPermalink
(1) shall commence no sooner than 6 months after the date of enactment of this Act;CommentsClose CommentsPermalink
(2) shall be completed, at the discretion of the Secretary, not later than 5 years after the date of enactment of this Act;CommentsClose CommentsPermalink
(3) shall be carried out in a manner so as to maximize the monetary value to the Federal Government; andCommentsClose CommentsPermalink
(4) shall be carried out using the receipts from the sales of light grade petroleum authorized under this section.CommentsClose CommentsPermalink
(c) Deferrals- The Secretary is encouraged to, when economically beneficial and practical, grant requests to defer scheduled deliveries of petroleum to the Reserve under subsection (a) if the deferral will result in a premium paid in additional barrels of oil which will reduce the cost of oil acquisition and increase the volume of oil delivered to the Reserve or yield additional cash bonuses.CommentsClose CommentsPermalink
TITLE III--PUBLIC TRANSPORTATIONCommentsClose CommentsPermalink
SEC. 301. SHORT TITLE.
This title may be cited as the ‘Saving Energy Through Public Transportation Act of 2008’.CommentsClose CommentsPermalink
SEC. 302. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) In 2007, people in the United States took more than 10.3 billion trips using public transportation, the highest level in 50 years.CommentsClose CommentsPermalink
(2) Public transportation use in the United States is up 32 percent since 1995, a figure that is more than double the growth rate of the Nation’s population and is substantially greater than the growth rate for vehicle miles traveled on the Nation’s highways for that same period.CommentsClose CommentsPermalink
(3) Public transportation use saves fuel, reduces emissions, and saves money for the people of the United States.CommentsClose CommentsPermalink
(4) The direct petroleum savings attributable to public transportation use is 1.4 billion gallons per year, and when the secondary effects of transit availability on travel are also taken into account, public transportation use saves the United States the equivalent of 4.2 billion gallons of gasoline per year (more than 11 million gallons of gasoline per day).CommentsClose CommentsPermalink
(5) Public transportation use in the United States is estimated to reduce carbon dioxide emissions by 37 million metric tons annually.CommentsClose CommentsPermalink
(6) An individual who commutes to work using a single occupancy vehicle can reduce carbon dioxide emissions by 20 pounds per day (more than 4,800 pounds per year) by switching to public transportation.CommentsClose CommentsPermalink
(7) Public transportation use provides an affordable alternative to driving, as households that use public transportation save an average of $6,251 every year.CommentsClose CommentsPermalink
(8) Although under existing laws Federal employees in the National Capital Region receive transit benefits, transit benefits should be available to all Federal employees in the United States so that the Federal Government sets a leading example of greater public transportation use.CommentsClose CommentsPermalink
(9) Public transportation stakeholders should engage and involve local communities in the education and promotion of the importance of utilizing public transportation.CommentsClose CommentsPermalink
(10) Increasing public transportation use is a national priority.CommentsClose CommentsPermalink
SEC. 303. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.
(a) Authorizations of Appropriations-CommentsClose CommentsPermalink
(1) URBANIZED AREA FORMULA GRANTS- In addition to amounts allocated under
(2) FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS- In addition to amounts allocated under
(b) Use of Funds- Notwithstanding sections 5307 and 5311 of title 49, United States Code, the Secretary of Transportation may make grants under such sections from amounts appropriated under subsection (a) only for one or more of the following:CommentsClose CommentsPermalink
(1) If the recipient of the grant is reducing, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will reduce one or more fares the recipient charges for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, those operating costs of equipment and facilities being used to provide the public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient is no longer able to pay from the revenues derived from such fare or fares as a result of such reduction.CommentsClose CommentsPermalink
(2) If the recipient of the grant is expanding, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will expand public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, those operating and capital costs of equipment and facilities being used to provide the public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient incurs as a result of the expansion of such service.CommentsClose CommentsPermalink
(3) To avoid increases in fares for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, or decreases in current public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that would otherwise result from an increase in costs to the public transportation or intercity bus agency for transportation-related fuel or meeting additional transportation-related equipment or facility maintenance needs, if the recipient of the grant certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will not increase the fares that the recipient charges for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, or, will not decrease the public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient provides.CommentsClose CommentsPermalink
(4) If the recipient of the grant is acquiring, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will acquire, clean fuel or alternative fuel vehicle-related equipment or facilities for the purpose of improving fuel efficiency, the costs of acquiring the equipment or facilities.CommentsClose CommentsPermalink
(5) If the recipient of the grant is establishing or expanding, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will establish or expand, commuter matching services to provide commuters with information and assistance about alternatives to single occupancy vehicle use, those administrative costs in establishing or expanding such services.CommentsClose CommentsPermalink
(c) Federal Share- Notwithstanding any other provision of law, the Federal share of the costs for which a grant is made under this section shall be 100 percent.CommentsClose CommentsPermalink
(d) Period of Availability- Funds appropriated under this section shall remain available for a period of 2 fiscal years.CommentsClose CommentsPermalink
SEC. 304. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT COMPLIANCE.
Notwithstanding
SEC. 305. TRANSPORTATION FRINGE BENEFITS.
(a) Requirement That Agencies Offer Transit Pass Transportation Fringe Benefits to Their Employees Nationwide-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3049(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (
(A) by striking ‘Effective’ and all that follows through ‘each covered agency’ and inserting ‘Each agency’; andCommentsClose CommentsPermalink
(B) by inserting ‘at a location in an urbanized area of the United States that is served by fixed route public transportation’ before ‘shall be offered’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 3049(a) of such Act (
(A) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking subparagraph (A); andCommentsClose CommentsPermalink
(ii) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; andCommentsClose CommentsPermalink
(B) in paragraph (4) by striking ‘a covered agency’ and inserting ‘an agency’.CommentsClose CommentsPermalink
(b) Benefits Described- Section 3049(a)(2) of such Act (
(c) Guidance- Section 3049(a) of such Act (
‘(5) GUIDANCE-CommentsClose CommentsPermalink
‘(A) ISSUANCE- Not later than 60 days after the date of enactment of this paragraph, the Secretary of Transportation shall issue guidance on nationwide implementation of the transit pass transportation fringe benefits program under this subsection.CommentsClose CommentsPermalink
‘(B) UNIFORM APPLICATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The guidance to be issued under subparagraph (A) shall contain a uniform application for use by all Federal employees applying for benefits from an agency under the program.CommentsClose CommentsPermalink
‘(ii) REQUIRED INFORMATION- As part of such an application, an employee shall provide, at a minimum, the employee’s home and work addresses, a breakdown of the employee’s commuting costs, and a certification of the employee’s eligibility for benefits under the program.CommentsClose CommentsPermalink
‘(iii) WARNING AGAINST FALSE STATEMENTS- Such an application shall contain a warning against making false statements in the application.CommentsClose CommentsPermalink
‘(C) INDEPENDENT VERIFICATION REQUIREMENTS- The guidance to be issued under subparagraph (A) shall contain independent verification requirements to ensure that, with respect to an employee of an agency--CommentsClose CommentsPermalink
‘(i) the eligibility of the employee for benefits under the program is verified by an official of the agency;CommentsClose CommentsPermalink
‘(ii) employee commuting costs are verified by an official of the agency; andCommentsClose CommentsPermalink
‘(iii) records of the agency are checked to ensure that the employee is not receiving parking benefits from the agency.CommentsClose CommentsPermalink
‘(D) PROGRAM IMPLEMENTATION REQUIREMENTS- The guidance to be issued under subparagraph (A) shall contain program implementation requirements applicable to each agency to ensure that--CommentsClose CommentsPermalink
‘(i) benefits provided by the agency under the program are adjusted in cases of employee travel, leave, or change of address;CommentsClose CommentsPermalink
‘(ii) removal from the program is included in the procedures of the agency relating to an employee separating from employment with the agency; andCommentsClose CommentsPermalink
‘(iii) benefits provided by the agency under the program are made available using an electronic format (rather than using paper fare media) where such a format is available for use.CommentsClose CommentsPermalink
‘(E) ENFORCEMENT AND PENALTIES- The guidance to be issued under subparagraph (A) shall contain a uniform administrative policy on enforcement and penalties. Such policy shall be implemented by each agency to ensure compliance with program requirements, to prevent fraud and abuse, and, as appropriate, to penalize employees who have abused or misused the benefits provided under the program.CommentsClose CommentsPermalink
‘(F) PERIODIC REVIEWS- The guidance to be issued under subparagraph (A) shall require each agency, not later than September 1 of the first fiscal year beginning after the date of enactment of this paragraph, and every 3 years thereafter, to develop and submit to the Secretary a review of the agency’s implementation of the program. Each such review shall contain, at a minimum, the following:CommentsClose CommentsPermalink
‘(i) An assessment of the agency’s implementation of the guidance, including a summary of the audits and investigations, if any, of the program conducted by the Inspector General of the agency.CommentsClose CommentsPermalink
‘(ii) Information on the total number of employees of the agency that are participating in the program.CommentsClose CommentsPermalink
‘(iii) Information on the total number of single occupancy vehicles removed from the roadway network as a result of participation by employees of the agency in the program.CommentsClose CommentsPermalink
‘(iv) Information on energy savings and emissions reductions, including reductions in greenhouse gas emissions, resulting from reductions in single occupancy vehicle use by employees of the agency that are participating in the program.CommentsClose CommentsPermalink
‘(v) Information on reduced congestion and improved air quality resulting from reductions in single occupancy vehicle use by employees of the agency that are participating in the program.CommentsClose CommentsPermalink
‘(vi) Recommendations to increase program participation and thereby reduce single occupancy vehicle use by Federal employees nationwide.CommentsClose CommentsPermalink
‘(6) REPORTING REQUIREMENTS- Not later than September 30 of the first fiscal year beginning after the date of enactment of this paragraph, and every 3 years thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on nationwide implementation of the transit pass transportation fringe benefits program under this subsection, including a summary of the information submitted by agencies pursuant to paragraph (5)(F).’.CommentsClose CommentsPermalink
(d) Effective Date- Except as otherwise specifically provided, the amendments made by this section shall become effective on the first day of the first fiscal year beginning after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 306. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM.
(a) Establishment- The Secretary of Transportation shall establish and implement a pilot program to carry out vanpool demonstration projects in not more than 3 urbanized areas and not more than 2 other than urbanized areas.CommentsClose CommentsPermalink
(b) Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding
(2) CONDITIONS ON ACQUISITION OF VANS- The amounts referred to in paragraph (1) are any amounts expended by a private provider of public transportation by vanpool for the acquisition of vans to be used by such private provider in the recipient’s service area, excluding any amounts the provider may have received in Federal, State, or local government assistance for such acquisition, if the private provider enters into a legally binding agreement with the recipient that requires the private provider to use all revenues it receives in providing public transportation in such service area, in excess of its operating costs, for the purpose of acquiring vans to be used by the private provider in such service area.CommentsClose CommentsPermalink
(c) Program Term- The Secretary may approve an application for a vanpool demonstration project for fiscal years 2008 through 2009.CommentsClose CommentsPermalink
(d) Report to Congress- Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing an assessment of the costs, benefits, and efficiencies of the vanpool demonstration projects.CommentsClose CommentsPermalink
SEC. 307. NATIONAL CONSUMER AWARENESS PROGRAM.
(a) In General- The Secretary of Transportation shall carry out a national consumer awareness program to educate the public on the environmental, energy, and economic benefits of public transportation alternatives to the use of single occupancy vehicles.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2009. Such sums shall remain available until expended.CommentsClose CommentsPermalink
SEC. 308. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007 (
(1) by striking ‘No Federal agency’ and inserting ‘(a) Requirement- Except as provided in subsection (b), no Federal agency’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Exception- Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if--CommentsClose CommentsPermalink
‘(1) the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;CommentsClose CommentsPermalink
‘(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; andCommentsClose CommentsPermalink
‘(3) the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.’.CommentsClose CommentsPermalink
TITLE IV--GREATER ENERGY EFFICIENCY IN BUILDING CODESCommentsClose CommentsPermalink
SEC. 401. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) In General- Section 304 of the Energy Conservation and Production Act (
‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
‘(a) Updating National Model Building Energy Codes- (1) The Secretary shall support updating the national model building energy codes and standards at least every three years to achieve overall energy savings, compared to the 2006 IECC for residential buildings and ASHRAE Standard 90.1-2004 for commercial buildings, of at least--CommentsClose CommentsPermalink
‘(A) 30 percent in editions of each model code or standard released in or after 2010; andCommentsClose CommentsPermalink
‘(B) 50 percent in editions of each model code or standard released in or after 2020.CommentsClose CommentsPermalink
Targets for specific years shall be set by the Secretary at least 3 years in advance of each target year, coordinated with the IECC and ASHRAE Standard 90.1 cycles, at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective.CommentsClose CommentsPermalink
‘(2)(A) Whenever the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 12 months after the date of such revision, on--CommentsClose CommentsPermalink
‘(i) whether such revision will improve energy efficiency in buildings; andCommentsClose CommentsPermalink
‘(ii) whether such revision will meet the targets under paragraph (1).CommentsClose CommentsPermalink
‘(B) If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets under paragraph (1), or if a national model code or standard is not updated for more than three years, then the Secretary shall, within 12 months after such determination, establish a modified code or standard that meets such targets. Any such modified code or standard--CommentsClose CommentsPermalink
‘(i) shall achieve the maximum level of energy savings that is technologically feasible and life-cycle cost-effective;CommentsClose CommentsPermalink
‘(ii) shall be based on the latest revision of the IECC or ASHRAE Standard 90.1, including any amendments or additions thereto, but may also consider other model codes or standards; andCommentsClose CommentsPermalink
‘(iii) shall serve as the baseline for the next determination under subparagraph (A)(i).CommentsClose CommentsPermalink
‘(C) The Secretary shall provide the opportunity for public comment on targets, determinations, and modified codes and standards under this subsection, and shall publish notice of targets, determinations, and modified codes and standards under this subsection in the Federal Register.CommentsClose CommentsPermalink
‘(b) State Certification of Building Energy Code Updates- (1) Not later than 2 years after the date of enactment of this subsection, each State shall certify to the Secretary that it has reviewed and updated the provisions of its residential and commercial building codes regarding energy efficiency. Such certification shall include a demonstration that such State’s code provisions meet or exceed the 2006 IECC for residential buildings and the ASHRAE Standard 90.1-2007 for commercial buildings, or achieve equivalent or greater energy savings.CommentsClose CommentsPermalink
‘(2)(A) If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), each State shall, within 2 years after such determination or establishment, certify that it has reviewed and updated the provisions of its building code regarding energy efficiency. Such certification shall include a demonstration that such State’s code provisions meet or exceed the revised code or standard, or achieve equivalent or greater energy savings.CommentsClose CommentsPermalink
‘(B) If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2), or makes a negative determination, each State shall within 2 years after the specified date or the date of the determination, certify that it has reviewed the revised code or standard, and updated the provisions of its building code regarding energy efficiency to meet or exceed any provisions found to improve energy efficiency in buildings, or to achieve equivalent or greater energy savings in other ways.CommentsClose CommentsPermalink
‘(c) State Certification of Compliance With Building Codes- (1) Each State shall, not later than 3 years after a certification under subsection (b), certify that it has--CommentsClose CommentsPermalink
‘(A) achieved compliance under paragraph (3) with the certified State building energy code or with the associated model code or standard; orCommentsClose CommentsPermalink
‘(B) made significant progress under paragraph (4) toward achieving compliance with the certified State building energy code or with the associated model code or standard.CommentsClose CommentsPermalink
If the State certifies progress toward achieving compliance, the State shall repeat the certification each year until it certifies that it has achieved compliance.CommentsClose CommentsPermalink
‘(2) A certification under paragraph (1) shall include documentation of the rate of compliance based on independent inspections of a random sample of the new and renovated buildings covered by the code in the preceding year, or based on an alternative method that yields an accurate measure of compliance.CommentsClose CommentsPermalink
‘(3)(A) A State shall be considered to achieve compliance under paragraph (1) if--CommentsClose CommentsPermalink
‘(i) at least 90 percent of new and renovated building space covered by the code in the preceding year substantially meets all the requirements of the code regarding energy efficiency, or achieves an equivalent energy savings level; orCommentsClose CommentsPermalink
‘(ii) the estimated excess energy use of new and renovated buildings that did not meet the code in the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 5 percent of the estimated energy use of all new and renovated buildings covered by the code in the preceding year.CommentsClose CommentsPermalink
‘(B) Only renovations with building permits are covered under this paragraph. If the Secretary determines the percentage targets under subparagraph (A) are not reasonably achievable for renovated residential or commercial buildings, the Secretary may reduce the targets for such renovated buildings to the highest achievable level.CommentsClose CommentsPermalink
‘(4)(A) A State shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State--CommentsClose CommentsPermalink
‘(i) has developed and is implementing a plan for achieving compliance within 8 years, assuming continued adequate funding, including active training and enforcement programs;CommentsClose CommentsPermalink
‘(ii) after one or more years of adequate funding, has demonstrated progress, in conformance with the plan described in clause (i), toward compliance;CommentsClose CommentsPermalink
‘(iii) after five or more years of adequate funding, meets the requirement in paragraph (3) substituting 80 percent for 90 percent or substituting 10 percent for 5 percent; andCommentsClose CommentsPermalink
‘(iv) has not had more than 8 years of adequate funding.CommentsClose CommentsPermalink
‘(B) Funding shall be considered adequate, for purposes of this paragraph, when the Federal Government provides to the States at least $50,000,000 in a year in funding and support for development and implementation of State building energy codes, including for training and enforcement.CommentsClose CommentsPermalink
‘(d) Failure To Meet Deadlines- (1) A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on--CommentsClose CommentsPermalink
‘(A) the status of the State with respect to meeting the requirements and submitting the certification; andCommentsClose CommentsPermalink
‘(B) a plan for meeting the requirements and submitting the certification.CommentsClose CommentsPermalink
‘(2) Any State for which the Secretary has not accepted a certification by a deadline under subsection (b) or (c) of this section is out of compliance with this section.CommentsClose CommentsPermalink
‘(3) In any State that is out of compliance with this section, a local government may be in compliance with this section by meeting the certification requirements under subsections (b) and (c) of this section.CommentsClose CommentsPermalink
‘(4) The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on the status of national model building energy codes and standards, the status of code adoption and compliance in the States, and implementation of this section. The report shall include estimates of impacts of past action under this section and potential impacts of further action on lifetime energy use by buildings and resulting energy costs to individuals and businesses.CommentsClose CommentsPermalink
‘(e) Technical Assistance- (1) The Secretary shall on a timely basis provide technical assistance to model code-setting and standard development organizations. This assistance shall include technical assistance as requested by the organizations in evaluating code or standards proposals or revisions, building energy analysis and design tools, building demonstrations, and design assistance and training. The Secretary shall submit code and standard amendment proposals, with supporting evidence, sufficient to enable the national model building energy codes and standards to meet the targets in subsection (a)(1).CommentsClose CommentsPermalink
‘(2) The Secretary shall provide technical assistance to States to implement the requirements of this section, including procedures for States to demonstrate that their code provisions achieve equivalent or greater energy savings than the national model codes and standards, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings.CommentsClose CommentsPermalink
‘(f) Availability of Incentive Funding- (1) The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes.CommentsClose CommentsPermalink
‘(2) Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance--CommentsClose CommentsPermalink
‘(A) to a State that has adopted and is implementing, on a Statewide basis--CommentsClose CommentsPermalink
‘(i) a residential building energy efficiency code that meets or exceeds the requirements of the 2006 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); andCommentsClose CommentsPermalink
‘(ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard 90.1-2007, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); orCommentsClose CommentsPermalink
‘(B) in a State in which there is no Statewide energy code for either residential buildings or commercial buildings, or where State codes fail to comply with subparagraph (A), to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A).CommentsClose CommentsPermalink
‘(3) Of the amounts made available under this subsection, the Secretary may use amounts required, not exceeding $500,000 for each State, to train State and local officials to implement codes described in paragraph (2).CommentsClose CommentsPermalink
‘(4) There are authorized to be appropriated to carry out this subsection--CommentsClose CommentsPermalink
‘(A) $70,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink
‘(B) such sums as are necessary for fiscal year 2014 and each fiscal year thereafter.’.CommentsClose CommentsPermalink
(b) Definition- Section 303 of the Energy Conservation and Production Act (
) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink 42 U.S.C. 6832
‘(17) The term ‘IECC’ means the International Energy Conservation Code.’.CommentsClose CommentsPermalink
TITLE V--FEDERAL RENEWABLE ELECTRICITY STANDARDCommentsClose CommentsPermalink
SEC. 501. FEDERAL RENEWABLE ELECTRICITY STANDARD.
(a) In General- Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD.
‘(a) Definitions- For purposes of this section:CommentsClose CommentsPermalink
‘(1) BIOMASS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘biomass’ means each of the following:CommentsClose CommentsPermalink
‘(i) Cellulosic (plant fiber) organic materials from a plant that is planted for the purpose of being used to produce energy.CommentsClose CommentsPermalink
‘(ii) Nonhazardous, plant or algal matter that is derived from any of the following:CommentsClose CommentsPermalink
‘(I) An agricultural crop, crop byproduct or residue resource.CommentsClose CommentsPermalink
‘(II) Waste such as landscape or right-of-way trimmings (but not including municipal solid waste, recyclable postconsumer waste paper, painted, treated, or pressurized wood, wood contaminated with plastic or metals).CommentsClose CommentsPermalink
‘(iii) Animal waste or animal byproducts.CommentsClose CommentsPermalink
‘(iv) Landfill methane.CommentsClose CommentsPermalink
‘(B) NATIONAL FOREST LANDS AND CERTAIN OTHER PUBLIC LANDS- With respect to organic material removed from National Forest System lands or from public lands administered by the Secretary of the Interior, the term ‘biomass’ covers only organic material from (i) ecological forest restoration; (ii) pre-commercial thinnings; (iii) brush; (iv) mill residues; and (v) slash.CommentsClose CommentsPermalink
‘(C) EXCLUSION OF CERTAIN FEDERAL LANDS- Notwithstanding subparagraph (B), material or matter that would otherwise qualify as biomass are not included in the term biomass if they are located on the following Federal lands:CommentsClose CommentsPermalink
‘(i) Federal land containing old growth forest or late successional forest unless the Secretary of the Interior or the Secretary of Agriculture determines that the removal of organic material from such land is appropriate for the applicable forest type and maximizes the retention of late-successional and large and old growth trees, late-successional and old growth forest structure, and late-successional and old growth forest composition.CommentsClose CommentsPermalink
‘(ii) Federal land on which the removal of vegetation is prohibited, including components of the National Wilderness Preservation System.CommentsClose CommentsPermalink
‘(iii) Wilderness Study Areas.CommentsClose CommentsPermalink
‘(iv) Inventoried roadless areas.CommentsClose CommentsPermalink
‘(v) Components of the National Landscape Conservation System.CommentsClose CommentsPermalink
‘(vi) National Monuments.CommentsClose CommentsPermalink
‘(2) ELIGIBLE FACILITY- The term ‘eligible facility’ means--CommentsClose CommentsPermalink
‘(A) a facility for the generation of electric energy from a renewable energy resource that is placed in service on or after January 1, 2001; orCommentsClose CommentsPermalink
‘(B) a repowering or cofiring increment.CommentsClose CommentsPermalink
‘(3) EXISTING FACILITY- The term ‘existing facility’ means a facility for the generation of electric energy from a renewable energy resource that is not an eligible facility.CommentsClose CommentsPermalink
‘(4) INCREMENTAL HYDROPOWER- The term ‘incremental hydropower’ means additional generation that is achieved from increased efficiency or additions of capacity made on or after January 1, 2001, or the effective date of an existing applicable State renewable portfolio standard program at a hydroelectric facility that was placed in service before that date.CommentsClose CommentsPermalink
‘(5) INDIAN LAND- The term ‘Indian land’ means--CommentsClose CommentsPermalink
‘(A) any land within the limits of any Indian reservation, pueblo, or rancheria;CommentsClose CommentsPermalink
‘(B) any land not within the limits of any Indian reservation, pueblo, or rancheria title to which was on the date of enactment of this paragraph either held by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation;CommentsClose CommentsPermalink
‘(C) any dependent Indian community; orCommentsClose CommentsPermalink
‘(D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act.CommentsClose CommentsPermalink
‘(6) INDIAN TRIBE- The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (
et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink 43 U.S.C. 1601 ‘(7) RENEWABLE ENERGY- The term ‘renewable energy’ means electric energy generated by a renewable energy resource.CommentsClose CommentsPermalink
‘(8) RENEWABLE ENERGY RESOURCE- The term ‘renewable energy resource’ means solar, wind, ocean, tidal, geothermal energy, biomass, landfill gas, incremental hydropower, or hydrokinetic energy.CommentsClose CommentsPermalink
‘(9) REPOWERING OR COFIRING INCREMENT- The term ‘repowering or cofiring increment’ means--CommentsClose CommentsPermalink
‘(A) the additional generation from a modification that is placed in service on or after January 1, 2001, to expand electricity production at a facility used to generate electric energy from a renewable energy resource;CommentsClose CommentsPermalink
‘(B) the additional generation above the average generation in the 3 years preceding the date of enactment of this section at a facility used to generate electric energy from a renewable energy resource or to cofire biomass that was placed in service before the date of enactment of this section: orCommentsClose CommentsPermalink
‘(C) the portion of the electric generation from a facility placed in service on or after January 1, 2001, or a modification to a facility placed in service before the date of enactment of this section made on or after January 1, 2001, associated with cofiring biomass.CommentsClose CommentsPermalink
‘(10) RETAIL ELECTRIC SUPPLIER- (A) The term ‘retail electric supplier’ means a person that sells electric energy to electric consumers (other than consumers in Hawaii) that sold not less than 1,000,000 megawatt-hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. For purposes of this section, a person that sells electric energy to electric consumers that, in combination with the sales of any affiliate organized after the date of enactment of this section, sells not less that 1,000,000 megawatt hours of electric energy to consumers for purposes other than resale shall qualify as a retail electric supplier. For purposes of this paragraph, sales by any person to a parent company or to other affiliates of such person shall not be treated as sales to electric consumers.CommentsClose CommentsPermalink
‘(B) Such term does not include the United States, a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or a rural electric cooperative, except that a political subdivision of a State, or an agency, authority, or instrumentality of the United States, a State or a political subdivision of a State, or a rural electric cooperative that sells electric energy to electric consumers or any other entity that sells electric energy to electric consumers that would not otherwise qualify as a retail electric supplier shall be deemed a retail electric supplier if such entity notifies the Secretary that it voluntarily agrees to participate in the Federal renewable electricity standard program.CommentsClose CommentsPermalink
‘(11) RETAIL ELECTRIC SUPPLIER’S BASE AMOUNT- The term ‘retail electric supplier’s base amount’ means the total amount of electric energy sold by the retail electric supplier, expressed in terms of kilowatt hours, to electric customers for purposes other than resale during the most recent calendar year for which information is available, excluding--CommentsClose CommentsPermalink
‘(A) electric energy that is not incremental hydropower generated by a hydroelectric facility; andCommentsClose CommentsPermalink
‘(B) electricity generated through the incineration of municipal solid waste.CommentsClose CommentsPermalink
‘(b) Compliance- For each calendar year beginning in calendar year 2010, each retail electric supplier shall meet the requirements of subsection (c) by submitting to the Secretary, not later than April 1 of the following calendar year, one or more of the following:CommentsClose CommentsPermalink
‘(1) Federal renewable energy credits issued under subsection (e).CommentsClose CommentsPermalink
‘(2) Federal energy efficiency credits issued under subsection (i), except that Federal energy efficiency credits may not be used to meet more than 27 percent of the requirements of subsection (c) in any calendar year. Energy efficiency credits may only be used for compliance in a State where the Governor has petitioned the Secretary pursuant to subjection (i)(2).CommentsClose CommentsPermalink
‘(3) Certification of the renewable energy generated and electricity savings pursuant to the funds associated with State compliance payments as specified in subsection (e)(3)(G).CommentsClose CommentsPermalink
‘(4) Alternative compliance payments pursuant to subsection (j).CommentsClose CommentsPermalink
‘(c) Required Annual Percentage- For calendar years 2010 through 2039, the required annual percentage of the retail electric supplier’s base amount that shall be generated from renewable energy resources, or otherwise credited towards such percentage requirement pursuant to subsection (d), shall be the percentage specified in the following table:CommentsClose CommentsPermalink
Required annualCommentsClose CommentsPermalink
‘Calendar YearsCommentsClose CommentsPermalink
percentageCommentsClose CommentsPermalink
2010CommentsClose CommentsPermalink
--2.75CommentsClose CommentsPermalink
2011CommentsClose CommentsPermalink
--2.75CommentsClose CommentsPermalink
2012CommentsClose CommentsPermalink
--3.75CommentsClose CommentsPermalink
2013CommentsClose CommentsPermalink
--4.5CommentsClose CommentsPermalink
2014CommentsClose CommentsPermalink
--5.5CommentsClose CommentsPermalink
2015CommentsClose CommentsPermalink
--6.5CommentsClose CommentsPermalink
2016CommentsClose CommentsPermalink
--7.5CommentsClose CommentsPermalink
2017CommentsClose CommentsPermalink
--8.25CommentsClose CommentsPermalink
2018CommentsClose CommentsPermalink
--10.25CommentsClose CommentsPermalink
2019CommentsClose CommentsPermalink
--12.25CommentsClose CommentsPermalink
2020 and thereafter through 2039CommentsClose CommentsPermalink
--15CommentsClose CommentsPermalink
‘(d) Renewable Energy and Energy Efficiency Credits- (1) A retail electric supplier may satisfy the requirements of subsection (b)(1) through the submission of Federal renewable energy credits--CommentsClose CommentsPermalink
‘(A) issued to the retail electric supplier under subsection (e);CommentsClose CommentsPermalink
‘(B) obtained by purchase or exchange under subsection (f) or (g); orCommentsClose CommentsPermalink
‘(C) borrowed under subsection (h).CommentsClose CommentsPermalink
‘(2) A retail electric supplier may satisfy the requirements of subsection (b)(2) through the submission of Federal energy efficiency credits issued to the retail electric supplier obtained by purchase or exchange pursuant to subsection (i).CommentsClose CommentsPermalink
‘(3) A Federal renewable energy credit may be counted toward compliance with subsection (b)(1) only once. A Federal energy efficiency credit may be counted toward compliance with subsection (b)(2) only once.CommentsClose CommentsPermalink
‘(e) Issuance of Federal Renewable Energy Credits- (1) The Secretary shall establish by rule, not later than 1 year after the date of enactment of this section, a program to verify and issue Federal renewable energy credits to generators of renewable energy, track their sale, exchange, and retirement and to enforce the requirements of this section. To the extent possible, in establishing such program, the Secretary shall rely upon existing and emerging State or regional tracking systems that issue and track non-Federal renewable energy credits.CommentsClose CommentsPermalink
‘(2) An entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. The applicant must demonstrate that the electric energy will be transmitted onto the grid or, in the case of a generation offset, that the electric energy offset would have otherwise been consumed on site. The application shall indicate--CommentsClose CommentsPermalink
‘(A) the type of renewable energy resource used to produce the electricity;CommentsClose CommentsPermalink
‘(B) the location where the electric energy was produced; andCommentsClose CommentsPermalink
‘(C) any other information the Secretary determines appropriate.CommentsClose CommentsPermalink
‘(3)(A) Except as provided in subparagraphs (B), (C), and (D), the Secretary shall issue to a generator of electric energy one Federal renewable energy credit for each kilowatt hour of electric energy generated by the use of a renewable energy resource at an eligible facility.CommentsClose CommentsPermalink
‘(B) For purpose of compliance with this section, Federal renewable energy credits for incremental hydropower shall be based, on the increase in average annual generation resulting from the efficiency improvements or capacity additions. The incremental generation shall be calculated using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility and certified by the Secretary or the Federal Energy Regulatory Commission. The calculation of the Federal renewable energy credits for incremental hydropower shall not be based on any operational changes at the hydroelectric facility not directly associated with the efficiency improvements or capacity additions.CommentsClose CommentsPermalink
‘(C) The Secretary shall issue 2 renewable energy credits for each kilowatt hour of electric energy generated and supplied to the grid in that calendar year through the use of a renewable energy resource at an eligible facility located on Indian land. For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for two credits only if the biomass was grown on such land.CommentsClose CommentsPermalink
‘(D) For electric energy generated by a renewable energy resource at an on-site eligible facility no larger than one megawatt in capacity and used to offset part or all of the customer’s requirements for electric energy, the Secretary shall issue 3 renewable energy credits to such customer for each kilowatt hour generated.CommentsClose CommentsPermalink
‘(E) In the case of an on-site eligible facility on Indian land no more than 3 credits per kilowatt hour may be issued.CommentsClose CommentsPermalink
‘(F) If both a renewable energy resource and a non-renewable energy resource are used to generate the electric energy, the Secretary shall issue the Federal renewable energy credits based on the proportion of the renewable energy resources used.CommentsClose CommentsPermalink
‘(G) When a generator has sold electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract for power from an existing facility, and the contract has not determined ownership of the Federal renewable energy credits associated with such generation, the Secretary shall issue such Federal renewable energy credits to the retail electric supplier for the duration of the contract.CommentsClose CommentsPermalink
‘(H) Payments made by a retail electricity supplier, directly or indirectly, to a State for compliance with a State renewable portfolio standard program, or for an alternative compliance mechanism, shall be valued at one credit per kilowatt hour for the purpose of subsection (b)(2) based on the amount of electric energy generation from renewable resources and electricity savings up to 27 percent of the utility’s requirement that results from those payments.CommentsClose CommentsPermalink
‘(f) Existing Facilities- The Secretary shall ensure that a retail electric supplier that acquires Federal renewable energy credits associated with the generation of renewable energy from an existing facility may use such credits for purpose of its compliance with subsection (b)(1). Such credits may not be sold, exchanged, or transferred for the purpose of compliance by another retail electric supplier.CommentsClose CommentsPermalink
‘(g) Renewable Energy Credit Trading- (1) A Federal renewable energy credit, may be sold, transferred, or exchanged by the entity to whom issued or by any other entity who acquires the Federal renewable energy credit, except for those renewable energy credits from existing facilities. A Federal renewable energy credit for any year that is not submitted to satisfy the minimum renewable generation requirement of subsection (c) for that year may be carried forward for use pursuant to subsection (b)(1) within the next 3 years.CommentsClose CommentsPermalink
‘(2) A federally owned or cooperatively owned utility, or a State or subdivision thereof, that is not a retail electric supplier that generates electric energy by the use of a renewable energy resource at an eligible facility may only sell, transfer or exchange a Federal renewable energy credit to a cooperatively owned utility or an agency, authority, or instrumentality of a State or political subdivision of a State that is a retail electric supplier that has acquired the electric energy associated with the credit.CommentsClose CommentsPermalink
‘(3) The Secretary may delegate to an appropriate market-making entity the administration of a national tradeable renewable energy credit market and a national energy efficiency credit market for purposes of creating a transparent national market for the sale or trade of renewable energy credits and a transparent national market for the sale or trade of Federal energy efficiency credits.CommentsClose CommentsPermalink
‘(h) Renewable Energy Credit Borrowing- At any time before the end of calendar year 2012, a retail electric supplier that has reason to believe it will not be able to fully comply with subsection (b) may--CommentsClose CommentsPermalink
‘(1) submit a plan to the Secretary demonstrating that the retail electric supplier will earn sufficient Federal renewable energy credits and Federal energy efficiency credits within the next 3 calendar years which, when taken into account, will enable the retail electric supplier to meet the requirements of subsection (b) for calendar year 2012 and the subsequent calendar years involved; andCommentsClose CommentsPermalink
‘(2) upon the approval of the plan by the Secretary, apply Federal renewable energy credits and Federal energy efficiency credits that the plan demonstrates will be earned within the next 3 calendar years to meet the requirements of subsection (b) for each calendar year involved.CommentsClose CommentsPermalink
The retail electric supplier must repay all of the borrowed Federal renewable energy credits and Federal energy efficiency credits by submitting an equivalent number of Federal renewable energy credits and Federal energy efficiency credits, in addition to those otherwise required under subsection (b), by calendar year 2020 or any earlier deadlines specified in the approved plan. Failure to repay the borrowed Federal renewable energy credits and Federal energy efficiency credits shall subject the retail electric supplier to civil penalties under subsection (i) for violation of the requirements of subsection (b) for each calendar year involved.CommentsClose CommentsPermalink
‘(i) Energy Efficiency Credits-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink
‘(A) CUSTOMER FACILITY SAVINGS- The term ‘customer facility savings’ means a reduction in end-use electricity at a facility of an end-use consumer of electricity served by a retail electric supplier, as compared to--CommentsClose CommentsPermalink
‘(i) consumption at the facility during a base year;CommentsClose CommentsPermalink
‘(ii) in the case of new equipment (regardless of whether the new equipment replaces existing equipment at the end of the useful life of the existing equipment), consumption by the new equipment of average efficiency; orCommentsClose CommentsPermalink
‘(iii) in the case of a new facility, consumption at a reference facility.CommentsClose CommentsPermalink
‘(B) ELECTRICITY SAVINGS- The term ‘electricity savings’ means--CommentsClose CommentsPermalink
‘(i) customer facility savings of electricity consumption adjusted to reflect any associated increase in fuel consumption at the facility;CommentsClose CommentsPermalink
‘(ii) reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses during the base years;CommentsClose CommentsPermalink
‘(iii) the output of new combined heat and power systems, to the extent provided under paragraph (5); andCommentsClose CommentsPermalink
‘(iv) recycled energy savings.CommentsClose CommentsPermalink
‘(C) QUALIFYING ELECTRICITY SAVINGS- The term ‘qualifying electricity savings’ means electricity savings that meet the measurement and verification requirements of paragraph (4).CommentsClose CommentsPermalink
‘(D) RECYCLED ENERGY SAVINGS- The term ‘recycled energy savings’ means a reduction in electricity consumption that is attributable to electrical or mechanical power, or both, produced by modifying an industrial or commercial system that was in operation before July 1, 2007, in order to recapture energy that would otherwise be wasted.CommentsClose CommentsPermalink
‘(2) PETITION- The Governor of a State may petition the Secretary to allow up to 27 percent of the requirements of a retail electric supplier under subsection (c) in the State to be met by submitting Federal energy efficiency credits issued pursuant to this subsection.CommentsClose CommentsPermalink
‘(3) ISSUANCE OF CREDITS- (A) Upon petition by the Governor, the Secretary shall issue energy efficiency credits for electricity savings described in subparagraph (B) achieved in States described in paragraph (2) in accordance with this subsection.CommentsClose CommentsPermalink
‘(B) In accordance with regulations promulgated by the Secretary, the Secretary shall issue credits for--CommentsClose CommentsPermalink
‘(i) qualified electricity savings achieved by a retail electric supplier in a calendar year; andCommentsClose CommentsPermalink
‘(ii) qualified electricity savings achieved by other entities if--CommentsClose CommentsPermalink
‘(I) the measures used to achieve the qualifying electricity savings were installed or placed in operation by the entity seeking the credit or the designated agent of the entity; andCommentsClose CommentsPermalink
‘(II) no retail electric supplier paid a substantial portion of the cost of achieving the qualified electricity savings (unless the retail electric supplier has waived any entitlement to the credit).CommentsClose CommentsPermalink
‘(4) MEASUREMENT AND VERIFICATION OF ELECTRICITY SAVINGS- Not later than June 30, 2009, the Secretary shall promulgate regulations regarding the measurement and verification of electricity savings under this subsection, including regulations covering--CommentsClose CommentsPermalink
‘(A) procedures and standards for defining and measuring electricity savings that will be eligible to receive credits under paragraph (3), which shall--CommentsClose CommentsPermalink
‘(i) specify the types of energy efficiency and energy conservation that will be eligible for the credits;CommentsClose CommentsPermalink
‘(ii) require that energy consumption for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area;CommentsClose CommentsPermalink
‘(iii) account for the useful life of electricity savings measures;CommentsClose CommentsPermalink
‘(iv) include specified electricity savings values for specific, commonly-used efficiency measures;CommentsClose CommentsPermalink
‘(v) specify the extent to which electricity savings attributable to measures carried out before the date of enactment of this section are eligible to receive credits under this subsection; andCommentsClose CommentsPermalink
‘(vi) exclude electricity savings that (I) are not properly attributable to measures carried out by the entity seeking the credit; or (II) have already been credited under this section to another entity;CommentsClose CommentsPermalink
‘(B) procedures and standards for third-party verification of reported electricity savings; andCommentsClose CommentsPermalink
‘(C) such requirements for information, reports, and access to facilities as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
‘(5) COMBINED HEAT AND POWER- Under regulations promulgated by the Secretary, the increment of electricity output of a new combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs), shall be considered electricity savings under this subsection.CommentsClose CommentsPermalink
‘(j) Enforcement- A retail electric supplier that does not comply with subsection (b) shall be liable for the payment of a civil penalty. That penalty shall be calculated on the basis of the number of kilowatt-hours represented by the retail electric supplier’s failure to comply with subsection (b), multiplied by the lesser of 4.5 cents (adjusted for inflation for such calendar year, based on the Gross Domestic Product Implicit Price Deflator) or 300 percent of the average market value of Federal renewable energy credits and energy efficiency credits for the compliance period. Any such penalty shall be due and payable without demand to the Secretary as provided in the regulations issued under subsection (e).CommentsClose CommentsPermalink
‘(k) Alternative Compliance Payments- The Secretary shall accept payment equal to the lesser of:CommentsClose CommentsPermalink
‘(1) 200 percent of the average market value of Federal renewable energy credits and Federal energy efficiency credits for the applicable compliance period; orCommentsClose CommentsPermalink
‘(2) 2.5 cents per kilowatt hour adjusted on January 1 of each year following calendar year 2006 based on the Gross Domestic Product Implicit Price Deflator,CommentsClose CommentsPermalink
as a means of compliance under subsection (b)(4)CommentsClose CommentsPermalink
‘(l) Information Collection- The Secretary may collect the information necessary to verify and audit--CommentsClose CommentsPermalink
‘(1) the annual renewable energy generation of any retail electric supplier, Federal renewable energy credits submitted by a retail electric supplier pursuant to subsection (b)(1) and Federal energy efficiency credits submitted by a retail electric supplier pursuant to subsection (b)(2);CommentsClose CommentsPermalink
‘(2) annual electricity savings achieved pursuant to subsection (i);CommentsClose CommentsPermalink
‘(3) the validity of Federal renewable energy credits submitted for compliance by a retail electric supplier to the Secretary; andCommentsClose CommentsPermalink
‘(4) the quantity of electricity sales of all retail electric suppliers.CommentsClose CommentsPermalink
‘(m) Environmental Savings Clause- Incremental hydropower shall be subject to all applicable environmental laws and licensing and regulatory requirements.CommentsClose CommentsPermalink
‘(n) State Programs- (1) Nothing in this section diminishes any authority of a State or political subdivision of a State to--CommentsClose CommentsPermalink
‘(A) adopt or enforce any law or regulation respecting renewable energy or energy efficiency, including but not limited to programs that exceed the required amount of renewable energy or energy efficiency under this section, orCommentsClose CommentsPermalink
‘(B) regulate the acquisition and disposition of Federal renewable energy credits and Federal energy efficiency credits by retail electric suppliers.CommentsClose CommentsPermalink
No law or regulation referred to in subparagraph (A) shall relieve any person of any requirement otherwise applicable under this section. The Secretary, in consultation with States having renewable energy programs and energy efficiency programs, shall preserve the integrity of such State programs, including programs that exceed the required amount of renewable energy and energy efficiency under this section, and shall facilitate coordination between the Federal program and State programs.CommentsClose CommentsPermalink
‘(2) In the rule establishing the program under this section, the Secretary shall incorporate common elements of existing renewable energy and energy efficiency programs, including State programs, to ensure administrative ease, market transparency, and effective enforcement. The Secretary shall work with the States to minimize administrative burdens and costs to retail electric suppliers.CommentsClose CommentsPermalink
‘(o) Recovery of Costs- An electric utility whose sales of electric energy are subject to rate regulation, including any utility whose rates are regulated by the Commission and any State regulated electric utility, shall not be denied the opportunity to recover the full amount of the prudently incurred incremental cost of renewable energy and energy efficiency obtained to comply with the requirements of subsection (b). For purposes of this subsection, the definitions in section 3 of this Act shall apply to the terms electric utility, State regulated electric utility, State agency, Commission, and State regulatory authority.CommentsClose CommentsPermalink
‘(p) Program Review- The Secretary shall enter into a contract with the National Academy of Sciences to conduct a comprehensive evaluation of all aspects of the program established under this section, within 8 years of enactment of this section. The study shall include an evaluation of--CommentsClose CommentsPermalink
‘(1) the effectiveness of the program in increasing the market penetration and lowering the cost of the eligible renewable energy and energy efficiency technologies;CommentsClose CommentsPermalink
‘(2) the opportunities for any additional technologies and sources of renewable energy and energy efficiency emerging since enactment of this section;CommentsClose CommentsPermalink
‘(3) the impact on the regional diversity and reliability of supply sources, including the power quality benefits of distributed generation;CommentsClose CommentsPermalink
‘(4) the regional resource development relative to renewable potential and reasons for any under investment in renewable resources; andCommentsClose CommentsPermalink
‘(5) the net cost/benefit of the renewable electricity standard to the national and State economies, including retail power costs, economic development benefits of investment, avoided costs related to environmental and congestion mitigation investments that would otherwise have been required, impact on natural gas demand and price, effectiveness of green marketing programs at reducing the cost of renewable resources.CommentsClose CommentsPermalink
The Secretary shall transmit the results of the evaluation and any recommendations for modifications and improvements to the program to Congress not later than January 1, 2016.CommentsClose CommentsPermalink
‘(q) State Renewable Energy and Energy Efficiency Account Program- (1) There is established in the Treasury a State renewable energy and energy efficiency account program.CommentsClose CommentsPermalink
‘(2) All money collected by the Secretary from the alternative compliance payments under subsection (k) shall be deposited into the State renewable energy and energy efficiency account established pursuant to this subsection.CommentsClose CommentsPermalink
‘(3) Proceeds deposited in the State renewable energy and energy efficiency account shall be used by the Secretary, subject to annual appropriations, for a program to provide grants to the State agency responsible for administering a fund to promote renewable energy generation and energy efficiency for customers of the State, or an alternative agency designated by the State, or if no such agency exists, to the State agency developing State energy conservation plans under section 363 of the Energy Policy and Conservation Act (
) for the purposes of promoting renewable energy production and providing energy assistance and weatherization services to low-income consumers.CommentsClose CommentsPermalink 42 U.S.C. 6322 ‘(4) The Secretary may issue guidelines and criteria for grants awarded under this subsection. At least 75 percent of the funds provided to each State shall be used for promoting renewable energy production and energy efficiency through grants, production incentives or other state-approved funding mechanisms. The funds shall be allocated to the States on the basis of retail electric sales subject to the Renewable electricity Standard under this section or through voluntary participation. State agencies receiving grants under this section shall maintain such records and evidence of compliance as the Secretary may require.’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for such title is amended by adding the following new item at the end:CommentsClose CommentsPermalink
‘Sec. 610. Federal renewable electricity standard.’.CommentsClose CommentsPermalink
(c) Sunset- Section 610 of such title and the item relating to such section 610 in the table of contents for such title are each repealed as of December 31, 2039.CommentsClose CommentsPermalink
TITLE VI--GREEN RESOURCES FOR ENERGY EFFICIENT NEIGHBORHOODSCommentsClose CommentsPermalink
SEC. 601. SHORT TITLE AND TABLE OF CONTENTS.
This title may be cited as the ‘Green Resources for Energy Efficient Neighborhoods Act of 2008’ or the ‘GREEN Act of 2008’.CommentsClose CommentsPermalink
SEC. 602. DEFINITIONS.
For purposes of this title, the following definitions shall apply:CommentsClose CommentsPermalink
(1) GREEN BUILDING STANDARDS- The term ‘green building standards’ means standards to require use of sustainable design principles to reduce the use of nonrenewable resources, encourage energy-efficient construction and rehabilitation and the use of renewable energy resources, minimize the impact of development on the environment, and improve indoor air quality.CommentsClose CommentsPermalink
(2) HUD- The term ‘HUD’ means the Department of Housing and Urban Development.CommentsClose CommentsPermalink
(3) HUD ASSISTANCE- The term ‘HUD assistance’ means financial assistance that is awarded, competitively or noncompetitively, allocated by formula, or provided by HUD through loan insurance or guarantee.CommentsClose CommentsPermalink
(4) NONRESIDENTIAL STRUCTURE- The term ‘nonresidential structures’ means only nonresidential structures that are appurtenant to single family or multifamily housing residential structures, or those that are funded by the Secretary of Housing and Urban Development through the HUD Community Development Block Grant program.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’, unless otherwise specified, means the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
SEC. 603. IMPLEMENTATION OF ENERGY EFFICIENCY PARTICIPATION INCENTIVES FOR HUD PROGRAMS.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue such regulations as may be necessary to establish annual energy efficiency participation incentives to encourage participants in programs administered by the Secretary, including recipients under programs for which HUD assistance is provided, to achieve substantial improvements in energy efficiency.CommentsClose CommentsPermalink
(b) Requirement for Appropriation of Funds- The requirement under subsection (a) for the Secretary to provide annual energy efficiency participation incentives pursuant to the provisions of this title shall be subject to the annual appropriation of necessary funds.CommentsClose CommentsPermalink
SEC. 604. MINIMUM HUD ENERGY EFFICIENCY STANDARDS AND STANDARDS FOR ADDITIONAL CREDIT.
(a) Minimum HUD Standard-CommentsClose CommentsPermalink
(1) RESIDENTIAL STRUCTURES- A residential single family or multifamily structure shall be considered to comply with the energy efficiency requirements under this subsection if--CommentsClose CommentsPermalink
(A) the structure complies with the applicable provisions of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1-2007, as such standard or successor standard is in effect for purposes of this section pursuant subsection (c);CommentsClose CommentsPermalink
(B) the structure complies with the applicable provisions of the 2006 International Energy Conservation Code, as such standard or successor standard is in effect for purposes of this section pursuant subsection (c);CommentsClose CommentsPermalink
(C) in the case only of an existing structure, where determined cost effective, the structure has undergone rehabilitation or improvements, completed after the date of the enactment of this Act, and the energy consumption for the structure has been reduced by at least 20 percent from the previous level of consumption, as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption; orCommentsClose CommentsPermalink
(D) the structure complies with the applicable provisions of such other energy efficiency requirements, standards, checklists, or ratings systems as the Secretary may adopt and apply by regulation, as may be necessary, for purposes of this section for specific types of residential single family or multifamily structures or otherwise, except that the Secretary shall make a determination regarding whether to adopt and apply any such requirements, standards, checklists, or rating system for purposes of this section not later than the expiration of the 180-day period beginning upon the date of receipt of any written request, made in such form as the Secretary shall provide, for such adoption and application.CommentsClose CommentsPermalink
In addition to compliance with any of subparagraphs (A) through (D), the Secretary shall by regulation require, for any newly constructed residential single family or multifamily structure to be considered to comply with the energy efficiency requirements under this subsection, that the structure have appropriate electrical outlets with the facility and capacity to recharge a standard electric passenger vehicle, including an electric hybrid vehicle, where such vehicle would normally be parked.CommentsClose CommentsPermalink
(2) NONRESIDENTIAL STRUCTURES- For purposes of this section, the Secretary shall identify and adopt by regulation, as may be necessary, energy efficiency requirements, standards, checklists, or rating systems applicable to nonresidential structures that are constructed or rehabilitated with HUD assistance. A nonresidential structure shall be considered to comply with the energy efficiency requirements under this subsection if the structure complies with the applicable provisions of any such energy efficiency requirements, standards, checklist, or rating systems identified and adopted by the Secretary pursuant to this paragraph, as such standards are in effect for purposes of this section pursuant to subsection (c).CommentsClose CommentsPermalink
(b) Additional Credit for Compliance With Enhanced Energy Efficiency Standards-CommentsClose CommentsPermalink
(1) IN GENERAL- In addition to compliance with the energy efficiency requirements under subsection (a), a residential or nonresidential structure shall be considered to comply with the enhanced energy efficiency and conservation standards or the green building standards under this subsection, to the extent that such structure complies with the applicable provisions of the standards under paragraph (2) or (3), respectively (as such standards are in effect for purposes of this section, pursuant to subsection (c)), in a manner that is not required for compliance with the energy efficiency requirements under subsection (a) and subject to the Secretary’s determination of which standards are applicable to which structures.CommentsClose CommentsPermalink
(2) ENERGY EFFICIENCY AND CONSERVATION STANDARDS- The energy efficiency and conservation standards under this paragraph are as follows:CommentsClose CommentsPermalink
(A) RESIDENTIAL STRUCTURES- With respect to residential structures:CommentsClose CommentsPermalink
(i) NEW CONSTRUCTION- For new construction, the Energy Star standards established by the Environmental Protection Agency, as such standards are in effect for purposes of this subsection pursuant to subsection (c);CommentsClose CommentsPermalink
(ii) EXISTING STRUCTURES- For existing structures, a reduction in energy consumption from the previous level of consumption for the structure, as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption, that exceeds the reduction necessary for compliance with the energy efficiency requirement under subsection (a)(1)(C).CommentsClose CommentsPermalink
(B) NONRESIDENTIAL STRUCTURES- With respect to nonresidential structures, such energy efficiency and conservation requirements, standards, checklists, or rating systems for nonresidential structures as the Secretary shall identify and adopt by regulation, as may be necessary, for purposes of this paragraph.CommentsClose CommentsPermalink
(3) GREEN BUILDING STANDARDS- The green building standards under this paragraph are as follows:CommentsClose CommentsPermalink
(A) The national Green Communities criteria checklist for residential construction that provides criteria for the design, development, and operation of affordable housing, as such checklist or successor checklist is in effect for purposes of this section pursuant to subsection (c).CommentsClose CommentsPermalink
(B) The gold certification level for the LEED for New Construction rating system, the LEED for Homes rating system, the LEED for Core and Shell rating system, as applicable, as such systems or successor systems are in effect for purposes of this section pursuant to subsection (c).CommentsClose CommentsPermalink
(C) The Green Globes assessment and rating system of the Green Buildings Initiative.CommentsClose CommentsPermalink
(D) For manufactured housing, energy star rating with respect to fixtures, appliances, and equipment in such housing, as such standard or successor standard is in effect for purposes of this section pursuant to subsection (c).CommentsClose CommentsPermalink
(E) The National Green Building Standard, but such standard shall apply for purposes of this paragraph only--CommentsClose CommentsPermalink
(i) if such standard is ratified under the American National Standards Institute process;CommentsClose CommentsPermalink
(ii) upon expiration of the 180-day period beginning upon such ratification; andCommentsClose CommentsPermalink
(iii) if, during such 180-day period, the Secretary of Housing and Urban Development does not reject the applicability of such standard for purposes of this paragraph.CommentsClose CommentsPermalink
(F) Any other requirements, standards, checklists, or rating systems for green building or sustainability as the Secretary may identify and adopt by regulation, as may be necessary for purposes of this paragraph, except that the Secretary shall make a determination regarding whether to adopt and apply any such requirements, standards, checklist, or rating system for purposes of this section not later than the expiration of the 180-day period beginning upon date of receipt of any written request, made in such form as the Secretary shall provide, for such adoption and application.CommentsClose CommentsPermalink
(4) GREEN BUILDING- For purposes of this subsection, the term ‘green building’ means, with respect to standards for structures, standards to require use of sustainable design principles to reduce the use of nonrenewable resources, minimize the impact of development on the environment, and to improve indoor air quality.CommentsClose CommentsPermalink
(5) ENERGY AUDITS- The Secretary shall establish standards and requirements for energy audits for purposes of paragraph (2)(A)(ii) and, in establishing such standards, may consult with any advisory committees established pursuant to section 605(c)(2) of this title.CommentsClose CommentsPermalink
(c) Applicability and Updating of Standards-CommentsClose CommentsPermalink
(1) APPLICABILITY- Except as provided in paragraph (2), the requirements, standards, checklists, and rating systems referred to in subsections (a) and (b) that are in effect for purposes of this section are such requirements, standards, checklists, and systems are as in existence upon the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) UPDATING- For purposes of this section, the Secretary may adopt and apply by regulation, as may be necessary, future amendments and supplements to, and editions of, the requirements, standards, checklists, and rating systems referred to in subsections (a) and (b).CommentsClose CommentsPermalink
SEC. 605. ENERGY EFFICIENCY AND CONSERVATION DEMONSTRATION PROGRAM FOR MULTIFAMILY HOUSING PROJECTS ASSISTED WITH PROJECT-BASED RENTAL ASSISTANCE.
(a) Authority- For multifamily housing projects for which project-based rental assistance is provided under a covered multifamily assistance program, the Secretary shall, subject to the availability of amounts provided in advance in appropriation Acts, carry out a program to demonstrate the effectiveness of funding a portion of the costs of meeting the enhanced energy efficiency standards under section 604(b). At the discretion of the Secretary, the demonstration program may include incentives for housing that is assisted with Indian housing block grants provided pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, but only to the extent that such inclusion does not violate such Act, its regulations, and the goal of such Act of tribal self-determination.CommentsClose CommentsPermalink
(b) Goals- The demonstration program under this section shall be carried out in a manner that--CommentsClose CommentsPermalink
(1) protects the financial interests of the Federal Government;CommentsClose CommentsPermalink
(2) reduces the proportion of funds provided by the Federal Government and by owners and residents of multifamily housing projects that are used for costs of utilities for the projects;CommentsClose CommentsPermalink
(3) encourages energy efficiency and conservation by owners and residents of multifamily housing projects and installation of renewable energy improvements, such as improvements providing for use of solar, wind, geothermal, or biomass energy sources;CommentsClose CommentsPermalink
(4) creates incentives for project owners to carry out such energy efficiency renovations and improvements by allowing a portion of the savings in operating costs resulting from such renovations and improvements to be retained by the project owner, notwithstanding otherwise applicable limitations on dividends;CommentsClose CommentsPermalink
(5) promotes the installation, in existing residential buildings, of energy-efficient and cost-effective improvements and renewable energy improvements, such as improvements providing for use of solar, wind, geothermal, or biomass energy sources;CommentsClose CommentsPermalink
(6) tests the efficacy of a variety of energy efficiency measures for multifamily housing projects of various sizes and in various geographic locations;CommentsClose CommentsPermalink
(7) tests methods for addressing the various, and often competing, incentives that impede owners and residents of multifamily housing projects from working together to achieve energy efficiency or conservation; andCommentsClose CommentsPermalink
(8) creates a database of energy efficiency and conservation, and renewable energy, techniques, energy savings management practices, and energy efficiency and conservation financing vehicles.CommentsClose CommentsPermalink
(c) Approaches- In carrying out the demonstration program under this section, the Secretary may--CommentsClose CommentsPermalink
(1) enter into agreements with the Building America Program of the Department of Energy and other consensus committees under which such programs, partnerships, or committees assume some or all of the functions, obligations, and benefits of the Secretary with respect to energy savings;CommentsClose CommentsPermalink
(2) establish advisory committees to advise the Secretary and any such third party partners on technological and other developments in the area of energy efficiency and the creation of an energy efficiency and conservation credit facility and other financing opportunities, which committees shall include representatives of homebuilders, realtors, architects, nonprofit housing organizations, environmental protection organizations, renewable energy organizations, and advocacy organizations for the elderly and persons with disabilities; any advisory committees established pursuant to this paragraph shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.);CommentsClose CommentsPermalink
(3) approve, for a period not to exceed 10 years, additional adjustments in the maximum monthly rents or additional project rental assistance, or additional Indian housing block grant funds under the Native American Housing Assistance and Self-Determination Act of 1996, as applicable, for dwelling units in multifamily housing projects that are provided project-based rental assistance under a covered multifamily assistance program, in such amounts as may be necessary to amortize a portion of the cost of energy efficiency and conservation measures for such projects;CommentsClose CommentsPermalink
(4) develop a competitive process for the award of such additional assistance for multifamily housing projects seeking to implement energy efficiency, renewable energy sources, or conservation measures; andCommentsClose CommentsPermalink
(5) waive or modify any existing statutory or regulatory provision that would otherwise impair the implementation or effectiveness of the demonstration program under this section, including provisions relating to methods for rent adjustments, comparability standards, maximum rent schedules, and utility allowances; notwithstanding the preceding provisions of this paragraph, the Secretary may not waive any statutory requirement relating to fair housing, nondiscrimination, labor standards, or the environment, except pursuant to existing authority to waive non-statutory environmental and other applicable requirements.CommentsClose CommentsPermalink
(d) Requirement- During the 4-year period beginning 12 months after the date of the enactment of this Act, the Secretary shall carry out demonstration programs under this section with respect to not fewer than 50,000 dwelling units.CommentsClose CommentsPermalink
(e) Selection-CommentsClose CommentsPermalink
(1) SCOPE- In order to provide a broad and representative profile for use in designing a program which can become operational and effective nationwide, the Secretary shall carry out the demonstration program under this section with respect to dwelling units located in a wide variety of geographic areas and project types assisted by the various covered multifamily assistance programs and using a variety of energy efficiency and conservation and funding techniques to reflect differences in climate, types of dwelling units and technical and scientific methodologies, and financing options. The Secretary shall ensure that the geographic areas included in the demonstration program include dwelling units on Indian lands (as such term is defined in section 2601 of the Energy Policy Act of 1992 (
(2) PRIORITY- The Secretary shall provide priority for selection for participation in the program under this section based on the extent to which, as a result of assistance provided, the project will comply with the energy efficiency standards under subsection (a), (b), or (c) of section 604 of this title.CommentsClose CommentsPermalink
(f) Use of Existing Partnerships- To the extent feasible, the Secretary shall--CommentsClose CommentsPermalink
(1) utilize the Partnership for Advancing Technology in Housing of the Department of Housing and Urban Development to assist in carrying out the requirements of this section and to provide education and outreach regarding the demonstration program authorized under this section; andCommentsClose CommentsPermalink
(2) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of the Army regarding utilizing the Building America Program of the Department of Energy, the Energy Star Program, and the Army Corps of Engineers, respectively, to determine the manner in which they might assist in carrying out the goals of this section and providing education and outreach regarding the demonstration program authorized under this section.CommentsClose CommentsPermalink
(g) Reports-CommentsClose CommentsPermalink
(1) ANNUAL- Not later than the expiration of the 2-year beginning upon the date of the enactment of this Act, and for each year thereafter during the term of the demonstration program, the Secretary shall submit a report to the Congress annually that describes and assesses the demonstration program under this section.CommentsClose CommentsPermalink
(2) FINAL- Not later than six months after the expiration of the 4-year period described in subsection (d), the Secretary shall submit a final report to the Congress assessing the demonstration program, which--CommentsClose CommentsPermalink
(A) shall assess the potential for expanding the demonstration program on a nationwide basis; andCommentsClose CommentsPermalink
(B) shall include descriptions of--CommentsClose CommentsPermalink
(i) the size of each multifamily housing project for which assistance was provided under the program;CommentsClose CommentsPermalink
(ii) the geographic location of each project assisted, by State and region;CommentsClose CommentsPermalink
(iii) the criteria used to select the projects for which assistance is provided under the program;CommentsClose CommentsPermalink
(iv) the energy efficiency and conservation measures and financing sources used for each project that is assisted under the program;CommentsClose CommentsPermalink
(v) the difference, before and during participation in the demonstration program, in the amount of the monthly assistance payments under the covered multifamily assistance program for each project assisted under the program;CommentsClose CommentsPermalink
(vi) the average length of the term of the such assistance provided under the program for a project;CommentsClose CommentsPermalink
(vii) the aggregate amount of savings generated by the demonstration program and the amount of savings expected to be generated by the program over time on a per-unit and aggregate program basis;CommentsClose CommentsPermalink
(viii) the functions performed in connection with the implementation of the demonstration program that were transferred or contracted out to any third parties;CommentsClose CommentsPermalink
(ix) an evaluation of the overall successes and failures of the demonstration program; andCommentsClose CommentsPermalink
(x) recommendations for any actions to be taken as a result of the such successes and failures.CommentsClose CommentsPermalink
(3) CONTENTS- Each annual report pursuant to paragraph (1) and the final report pursuant to paragraph (2) shall include--CommentsClose CommentsPermalink
(A) a description of the status of each multifamily housing project selected for participation in the demonstration program under this section; andCommentsClose CommentsPermalink
(B) findings from the program and recommendations for any legislative actions.CommentsClose CommentsPermalink
(h) Covered Multifamily Assistance Program- For purposes of this section, the term ‘covered multifamily assistance program’ means--CommentsClose CommentsPermalink
(1) the program under section 8 of the United States Housing Act of 1937 (
(2) the program under section 202 of the Housing Act of 1959 (
(3) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (
(4) the program for assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year in which the demonstration program under this section is carried out.CommentsClose CommentsPermalink
(j) Regulations- Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 606. ADDITIONAL CREDIT FOR FANNIE MAE AND FREDDIE MAC HOUSING GOALS FOR ENERGY EFFICIENT MORTGAGES.
Section 1336(a) of the Housing and Community Development Act of 1992 (
(1) in paragraph (2), by striking ‘paragraph (5)’ and inserting ‘paragraphs (5) and (6)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) ADDITIONAL CREDIT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In assigning credit toward achievement under this section of the housing goals for mortgage purchase activities of the enterprises, the Director shall assign--CommentsClose CommentsPermalink
‘(i) more than 125 percent credit, for such purchases that both--CommentsClose CommentsPermalink
‘(I) comply with the requirements of such goals; andCommentsClose CommentsPermalink
‘(II) support housing that meets the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008; andCommentsClose CommentsPermalink
‘(ii) credit in addition to credit under clause (i), for purchases that both--CommentsClose CommentsPermalink
‘(I) comply with the requirements of such goals, andCommentsClose CommentsPermalink
‘(II) support housing that complies with the enhanced energy efficiency and conservation standards, or the green building standards, under section 604(b) of such Act, or both,CommentsClose CommentsPermalink
and such additional credit shall be given based on the extent to which the housing supported with such purchases complies with such standards.CommentsClose CommentsPermalink
‘(B) TREATMENT OF ADDITIONAL CREDIT- The availability of additional credit under this paragraph shall not be used to increase any housing goal, subgoal, or target established under this subpart.’.CommentsClose CommentsPermalink
SEC. 607. DUTY TO SERVE UNDERSERVED MARKETS FOR ENERGY-EFFICIENT AND LOCATION-EFFICIENT MORTGAGES.
Section 1335 of Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (
(1) in subsection (a)(1), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) MARKETS FOR ENERGY-EFFICIENT AND LOCATION-EFFICIENT MORTGAGES-CommentsClose CommentsPermalink
‘(i) DUTY- Subject to clause (ii), the enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for energy-efficient and location-efficient mortgages on housing for very low-, low-, and moderate income families, and for second and junior mortgages made for purposes of energy efficiency or renewable energy improvements, or both.CommentsClose CommentsPermalink
‘(ii) AUTHORITY TO SUSPEND- Notwithstanding any other provision of this section, the Director may suspend the applicability of the requirement under clause (i) with respect to an enterprise, for such period as is necessary, if the Director determines that exigent circumstances exist and such suspension is appropriate to ensure the safety and soundness of the portfolio holdings of the enterprise.’;CommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
‘(1) ENERGY-EFFICIENT MORTGAGE- The term ‘energy efficient mortgage’ means a mortgage loan under which the income of the borrower, for purposes of qualification for such loan, is considered to be increased by not less than $1 for each $1 of savings projected to be realized by the borrower as a result of cost-effective energy saving design, construction or improvements (including use of renewable energy sources, such as solar, geothermal, biomass, and wind, super-insulation, energy-saving windows, insulating glass and film, and radiant barrier) for the home for which the loan is made.CommentsClose CommentsPermalink
‘(2) LOCATION-EFFICIENT MORTGAGE- The term ‘location efficient mortgage’ means a mortgage loan under which--CommentsClose CommentsPermalink
‘(A) the income of the borrower, for purposes of qualification for such loan, is considered to be increased by not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which loan is made will result in decreased transportation costs for the household of the borrower; orCommentsClose CommentsPermalink
‘(B) the sum of the principal, interest, taxes, and insurance due under the mortgage loan is decreased by not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which loan is made will result in decreased transportation costs for the household of the borrower.’.CommentsClose CommentsPermalink
SEC. 608. CONSIDERATION OF ENERGY EFFICIENCY UNDER FHA MORTGAGE INSURANCE PROGRAMS AND NATIVE AMERICAN AND NATIVE HAWAIIAN LOAN GUARANTEE PROGRAMS.
(a) FHA Mortgage Insurance-CommentsClose CommentsPermalink
(1) REQUIREMENT- Title V of the National Housing Act is amended by adding after section 542 (
‘SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY.
‘(a) Underwriting Standards- The Secretary shall establish a method to consider, in its underwriting standards for mortgages on single-family housing meeting the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are insured under this Act, the impact that savings on utility costs has on the income of the mortgagor.CommentsClose CommentsPermalink
‘(b) Goal- It is the sense of the Congress that, in carrying out this Act, the Secretary should endeavor to insure mortgages on single-family housing meeting the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 such that at least 50,000 such mortgages are insured during the period beginning upon the date of the enactment of such Act and ending on December 31, 2012.’.CommentsClose CommentsPermalink
(2) REPORTING ON DEFAULTS- Section 540(b) of the National Housing Act (
) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink 12 U.S.C. 1735f-18(b) ‘(3) With respect to each collection period that commences after December 31, 2011, the total number of mortgages on single-family housing meeting the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are insured by the Secretary during the applicable collection period, the number of defaults and foreclosures occurring on such mortgages during such period, the percentage of the total of such mortgages insured during such period on which defaults and foreclosure occurred, and the rate for such period of defaults and foreclosures on such mortgages compared to the overall rate for such period of defaults and foreclosures on mortgages for single-family housing insured under this Act by the Secretary.’.CommentsClose CommentsPermalink
(b) Indian Housing Loan Guarantees-CommentsClose CommentsPermalink
(1) REQUIREMENT- Section 184 of the Housing and Community Development Act of 1992 (
) is amended--CommentsClose CommentsPermalink 12 U.S.C. 1715z-13a
(A) by redesignating subsection (l) as subsection (m); andCommentsClose CommentsPermalink
(B) by inserting after subsection (k) the following new subsection:CommentsClose CommentsPermalink
‘(l) Consideration of Energy Efficiency- The Secretary shall establish a method to consider, in its underwriting standards for loans for single-family housing meeting the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are guaranteed under this section, the impact that savings on utility costs has on the income of the borrower.’.CommentsClose CommentsPermalink
(2) REPORTING ON DEFAULTS- Section 540(b) of the National Housing Act (
), as amended by subsection (a)(2) of this section, is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink 12 U.S.C. 1735f-18(b) ‘(4) With respect to each collection period that commences after December 31, 2011, the total number of loans guaranteed under section 184 of the Housing and Community Development Act of 1992 (
) on single-family housing meeting the enhanced energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are guaranteed by the Secretary during the applicable collection period, the number of defaults and foreclosures occurring on such loans during such period, the percentage of the total of such loans guaranteed during such period on which defaults and foreclosure occurred, and the rate for such period of defaults and foreclosures on such loans compared to the overall rate for such period of defaults and foreclosures on loans for single-family housing guaranteed under such section 184 by the Secretary.’.CommentsClose CommentsPermalink 12 U.S.C. 1715z-13a (c) Native Hawaiian Housing Loan Guarantees-CommentsClose CommentsPermalink
(1) REQUIREMENT- Section 184A of the Housing and Community Development Act of 1992 (
) is amended by inserting after subsection (l) the following new subsection:CommentsClose CommentsPermalink 12 U.S.C. 1715z-13b ‘(m) Energy-Efficient Housing Requirement- The Secretary shall establish a method to consider, in its underwriting standards for loans for single-family housing meeting the energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are guaranteed under this section, the impact that savings on utility costs has on the income of the borrower.’.CommentsClose CommentsPermalink
(2) REPORTING ON DEFAULTS- Section 540(b) of the National Housing Act (
), as amended by the preceding provisions of this section, is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink 12 U.S.C. 1735f-18(b) ‘(5) With respect to each collection period that commences after December 31, 2011, the total number of loans guaranteed under section 184A of the Housing and Community Development Act of 1992 (
) on single-family housing meeting the enhanced energy efficiency standards under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 that are guaranteed by the Secretary during the applicable collection period, the number of defaults and foreclosures occurring on such loans during such period, the percentage of the total of such loans guaranteed during such period on which defaults and foreclosure occurred, and the rate for such period of defaults and foreclosures on such loans compared to the overall rate for such period of defaults and foreclosures on loans for single-family housing guaranteed under such section 184A by the Secretary.’.CommentsClose CommentsPermalink 12 U.S.C. 1715z-13b
SEC. 609. ENERGY EFFICIENT MORTGAGES EDUCATION AND OUTREACH CAMPAIGN.
Section 106 of the Energy Policy Act of 1992 (
‘(g) Education and Outreach Campaign-CommentsClose CommentsPermalink
‘(1) DEVELOPMENT OF ENERGY-EFFICIENT MORTGAGE OUTREACH PROGRAM-CommentsClose CommentsPermalink
‘(A) COMMISSION- The Secretary, in consultation and coordination with the Secretary of Energy, the Secretary of Education, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, shall establish a commission to develop and recommend model mortgage products and underwriting guidelines that provide market-based incentives to prospective home buyers, lenders, and sellers to incorporate energy efficiency upgrades in new mortgage loan transactions.CommentsClose CommentsPermalink
‘(B) REPORT- Not later than 24 months after the date of the enactment of the Green Resources for Energy Efficient Neighborhoods Act of 2008, the Secretary shall provide a written report to the Congress on the results of work of the commission established pursuant to subparagraph (A) and that identifies model mortgage products and underwriting guidelines that may encourage energy efficiency.CommentsClose CommentsPermalink
‘(2) IMPLEMENTATION- After submission of the report under paragraph (1)(B), the Secretary, in consultation and coordination with the Secretary of Energy, the Secretary of Education, and the Administrator of the Environmental Protection Agency, shall carry out a public awareness, education, and outreach campaign based on the findings of the commission established pursuant to paragraph (1) to inform and educate residential lenders and prospective borrowers regarding the availability, benefits, advantages, and terms of energy efficient mortgages made available pursuant to this section, energy efficient mortgages that meet the requirements of section 1335 of the Housing and Community Development Act of 1992 (
), and other mortgages, including mortgages for multifamily housing, that have energy improvement features and to publicize such availability, benefits, advantages, and terms. Such actions may include entering into a contract with an appropriate entity to publicize and market such mortgages through appropriate media.CommentsClose CommentsPermalink 42 U.S.C. 4565 ‘(3) RENEWABLE ENERGY HOME PRODUCT EXPOS- The Congress hereby encourages the Secretary of Housing and Urban Development to work with appropriate entities to organize and hold renewable energy expositions that provide an opportunity for the public to view and learn about renewable energy products for the home that are currently on the market.CommentsClose CommentsPermalink
‘(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2009 through 2012.’.CommentsClose CommentsPermalink
SEC. 610. COLLECTION OF INFORMATION ON ENERGY-EFFICIENT AND LOCATION EFFICIENT MORTGAGES THROUGH HOME MORTGAGE DISCLOSURE ACT.
(a) In General- Section 304(b) of the Home Mortgage Disclosure Act of 1975 (
(1) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(5) the number and dollar amount of mortgage loans for single-family housing and for multifamily housing that are energy-efficient mortgages (as such term is defined in section 1335 of Housing and Community Development Act of 1992); andCommentsClose CommentsPermalink
‘(6) the number and dollar amount of mortgage loans for single-family housing and for multifamily housing that are location-efficient mortgages (as such term is defined in section 1335 of Housing and Community Development Act of 1992).’.CommentsClose CommentsPermalink
(b) Applicability- The amendment made by subsection (a) shall apply with respect to the first calendar year that begins after the expiration of the 30-day period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 611. ENSURING AVAILABILITY OF HOMEOWNERS INSURANCE FOR HOMES NOT CONNECTED TO ELECTRICITY GRID.
(a) In General- In the case of any covered structure (as such term is defined in subsection (d)), it shall be unlawful for any insurer to deny homeowners insurance coverage for the structure, or to otherwise discriminate in the issuance, cancellation, amount of such coverage, or conditions of such coverage for the structure, based solely and without any additional actuarial risks upon the fact that the structure is not connected to, or able to receive electricity service from, any wholesale or retail electric power provider.CommentsClose CommentsPermalink
(b) Consideration of Actuarial Risk- Subsection (a) may not be construed to prevent any insurer from charging rates for homeowners insurance coverage for a structure that are based on a good faith actuarial analysis of the risk associated with the structure not being connected to, or able to receive electricity service from, any wholesale or retail electric power provide. Any good faith analysis of such risk shall include analysis of the manner in which electric power for the structure is provided.CommentsClose CommentsPermalink
(c) Insuring Homes and Related Property in Indian Areas- Notwithstanding any other provision of law, covered structures located in Indian areas (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(d) Covered Structure- For purposes of this section, the term ‘covered structure’ means a residential structure that--CommentsClose CommentsPermalink
(1) consists of one to four dwelling units;CommentsClose CommentsPermalink
(2) is provided power, heat, or electricity from renewable energy sources (such as solar, wind, geothermal, or biomass) or a fuel cell; andCommentsClose CommentsPermalink
(3) is not connected to any wholesale or retail electrical power grid.CommentsClose CommentsPermalink
SEC. 612. MORTGAGE INCENTIVES FOR ENERGY-EFFICIENT MULTIFAMILY HOUSING.
(a) In General- The Secretary of Housing and Urban Development shall establish incentives for increasing the energy efficiency of multifamily housing that is subject to a mortgage to be insured under title II of the National Housing Act (
(b) Incentives- Such incentives may include, for any such multifamily housing that complies with the energy efficiency standards under section 604(a)--CommentsClose CommentsPermalink
(1) providing a discount on the chargeable premiums for the mortgage insurance for such housing from the amount otherwise chargeable for such mortgage insurance;CommentsClose CommentsPermalink
(2) allowing mortgages to exceed the dollar amount limits otherwise applicable under law to the extent such additional amounts are used to finance improvements or measures designed to meet the standards referred to in subsection (a); andCommentsClose CommentsPermalink
(3) reducing the amount that the owner of such multifamily housing meeting the standards referred to in subsection (a) is required to contribute.CommentsClose CommentsPermalink
SEC. 613. ENERGY EFFICIENCY CERTIFICATIONS FOR HOUSING WITH MORTGAGES INSURED BY FHA.
Section 526 of the National Housing Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘, other than manufactured homes,’ each place such term appears;CommentsClose CommentsPermalink
(B) by inserting after the period at the end the following: ‘The energy performance requirements developed and established by the Secretary under this section for manufactured homes shall require energy star rating for wall fixtures, appliances, and equipment in such housing.’;CommentsClose CommentsPermalink
(C) by inserting ‘(1)’ after ‘(a)’; andCommentsClose CommentsPermalink
(D) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(2) The Secretary shall require, with respect to any single- or multi-family residential housing subject to a mortgage insured under this Act, that any approval or certification of the housing for meeting any energy efficiency or conservation criteria, standards, or requirements pursuant to this title and any approval or certification required pursuant to this title with respect to energy conserving improvements or any renewable energy sources, such as wind, solar energy geothermal, or biomass, shall be conducted only by an individual certified by a home energy rating system provider who has been accredited to conduct such ratings by the Home Energy Ratings System Council, the Residential Energy Services Network, or such other appropriate national organization, as the Secretary may provide, or by licensed professional architect or engineer. If any organization makes a request to the Secretary for approval to accredit individuals to conduct energy efficiency or conservation ratings, the Secretary shall review and approve or disapprove such request not later than the expiration of the 6-month period beginning upon receipt of such request.CommentsClose CommentsPermalink
‘(3) The Secretary shall periodically examine the method used to conduct inspections for compliance with the requirements under this section, analyze various other approaches for conducting such inspections, and review the costs and benefits of the current method compared with other methods.’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘, other than a manufactured home,’.CommentsClose CommentsPermalink
SEC. 614. ASSISTED HOUSING ENERGY LOAN PILOT PROGRAM.
(a) Authority- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall develop and implement a pilot program under this section to facilitate the financing of cost-effective capital improvements for covered assisted housing projects to improve the energy efficiency and conservation of such projects.CommentsClose CommentsPermalink
(b) Loans- The pilot program under this section shall involve not less than three and not more than five lenders, and shall provide for a privately financed loan to be made for a covered assisted housing project, which shall--CommentsClose CommentsPermalink
(1) finance capital improvements for the project that meet such requirements as the Secretary shall establish, and may involve contracts with third parties to perform such capital improvements, including the design of such improvements by licensed professional architects or engineers;CommentsClose CommentsPermalink
(2) have a term to maturity of not more than 20 years, which shall be based upon the duration necessary to realize cost savings sufficient to repay the loan;CommentsClose CommentsPermalink
(3) be secured by a mortgage subordinate to the mortgage for the project that is insured under the National Housing Act; andCommentsClose CommentsPermalink
(4) provide for a reduction in the remaining principal obligation under the loan based on the actual resulting cost savings realized from the capital improvements financed with the loan.CommentsClose CommentsPermalink
(c) Underwriting Standards- The Secretary shall establish underwriting requirements for loans made under the pilot program under this section, which shall--CommentsClose CommentsPermalink
(1) require the cost savings projected to be realized from the capital improvements financed with the loan, during the term of the loan, to exceed the costs of repaying the loan;CommentsClose CommentsPermalink
(2) allow the designer or contractor involved in designing capital improvements to be financed with a loan under the program to carry out such capital improvements; andCommentsClose CommentsPermalink
(3) include such energy, audit, property, financial, ownership, and approval requirements as the Secretary considers appropriate.CommentsClose CommentsPermalink
(d) Treatment of Savings- The pilot program under this section shall provide that the project owner shall receive the full financial benefit from any reduction in the cost of utilities resulting from capital improvements financed with a loan made under the program.CommentsClose CommentsPermalink
(e) Covered Assisted Housing Projects- For purposes of this section, the term ‘covered assisted housing project’ means a housing project that--CommentsClose CommentsPermalink
(1) is financed by a loan or mortgage that is--CommentsClose CommentsPermalink
(A) insured by the Secretary under subsection (d)(3) or (d)(4) of section 221 of the National Housing Act (
(B) insured or assisted under section 236 of the National Housing Act (
(2) at the time a loan under this section is made, is provided project-based rental assistance under section 8 of the United States Housing Act of 1937 (
(3) is not a housing project owned or held by the Secretary, or subject to a mortgage held by the Secretary.CommentsClose CommentsPermalink
SEC. 615. RESIDENTIAL ENERGY EFFICIENCY BLOCK GRANT PROGRAM.
Title I of the Housing and Community Development Act of 1974 (
‘SEC. 123. RESIDENTIAL ENERGY EFFICIENCY BLOCK GRANT PROGRAM.
‘(a) In General- To the extent amounts are made available for grants under this section, the Secretary shall make grants under this section to States, metropolitan cities and urban counties, Indian tribes, and insular areas to carry out energy efficiency improvements in new and existing single-family and multifamily housing.CommentsClose CommentsPermalink
‘(b) Allocations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Of the total amount made available for each fiscal year for grants under this section that remains after reserving amounts pursuant to paragraph (2), the Secretary shall allocate for insular areas, for metropolitan cities and urban counties, and for States, an amount that bears the same ratio to such total amount as the amount allocated for such fiscal year under section 106 for Indian tribes, for insular areas, for metropolitan cities and urban counties, and for States, respectively, bears to the total amount made available for such fiscal year for grants under section 106.CommentsClose CommentsPermalink
‘(2) SET ASIDE FOR INDIAN TRIBES- Of the total amount made available for each fiscal year for grants under this section, the Secretary shall allocate not less than one percent to Indian tribes.CommentsClose CommentsPermalink
‘(c) Grant Amounts-CommentsClose CommentsPermalink
‘(1) ENTITLEMENT COMMUNITIES- From the amounts allocated pursuant to subsection (b) for metropolitan cities and urban counties for each fiscal year, the Secretary shall make a grant for such fiscal year to each metropolitan city and urban county that complies with the requirement under subsection (d), in the amount that bears the same ratio such total amount so allocated as the amount of the grant for such fiscal year under section 106 for such metropolitan city or urban county bears to the aggregate amount of all grants for such fiscal year under section 106 for all metropolitan cities and urban counties.CommentsClose CommentsPermalink
‘(2) STATES- From the amounts allocated pursuant to subsection (b) for States for each fiscal year, the Secretary shall make a grant for such fiscal year to each State that complies with the requirement under subsection (d), in the amount that bears the same ratio such total amount so allocated as the amount of the grant for such fiscal year under section 106 for such State bears to the aggregate amount of all grants for such fiscal year under section 106 for all States. Grant amounts received by a State shall be used only for eligible activities under subsection (e) carried out in nonentitlement areas of the State.CommentsClose CommentsPermalink
‘(3) INDIAN TRIBES- From the amounts allocated pursuant to subsection (b) for Indian tribes, the Secretary shall make grants to Indian tribes that comply with the requirement under subsection (d) on the basis of a competition conducted pursuant to specific criteria, as the Secretary shall establish by regulation, for the selection of Indian tribes to receive such amount.CommentsClose CommentsPermalink
‘(4) INSULAR AREAS- From the amounts allocated pursuant to subsection (b) for insular areas, the Secretary shall make a grant to each insular area that complies with the requirement under subsection (d) on the basis of the ratio of the population of the insular area to the aggregate population of all insular areas. In determining the distribution of amounts to insular areas, the Secretary may also include other statistical criteria as data become available from the Bureau of Census of the Department of Labor, but only if such criteria are set forth by regulation issued after notice and an opportunity for comment.CommentsClose CommentsPermalink
‘(d) Statement of Activities-CommentsClose CommentsPermalink
‘(1) REQUIREMENT- Before receipt the receipt in any fiscal year of a grant under subsection (c) by any grantee, the grantee shall have prepared a final statement of housing energy efficiency objectives and projected use of funds as the Secretary shall require and shall have provided the Secretary with such certifications regarding such objectives and use as the Secretary may require. In the case of metropolitan cities, urban counties, units of general local government, and insular areas receiving grants, the statement of projected use of funds shall consist of proposed housing energy efficiency activities. In the case of States receiving grants, the statement of projected use of funds shall consist of the method by which the States will distribute funds to units of general local government.CommentsClose CommentsPermalink
‘(2) PUBLIC PARTICIPATION- The Secretary may establish requirements to ensure the public availability of information regarding projected use of grant amounts and public participation in determining such projected use.CommentsClose CommentsPermalink
‘(e) Eligible Activities-CommentsClose CommentsPermalink
‘(1) REQUIREMENT- Amounts from a grant under this section may be used only to carry out activities for single-family or multifamily housing that are designed to improve the energy efficiency of the housing so that the housing complies with the energy efficiency standard under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008, including such activities to provide energy for such housing from renewable sources, such as wind, waves, solar, biomass, and geothermal sources.CommentsClose CommentsPermalink
‘(2) PREFERENCE FOR COMPLIANCE BEYOND MINIMUM REQUIREMENTS- In selecting activities to be funded with amounts from a grant under this section, a grantee shall give more preference to activities based on the extent to which the activities will result in compliance by the housing with the enhanced energy efficiency and conservation standards, and the green building standards, under section 604(b) of such Act.CommentsClose CommentsPermalink
‘(f) Reports- Each grantee of a grant under this section for a fiscal year shall submit to the Secretary, at a time determined by the Secretary, a performance and evaluation report concerning the use of grant amounts, which shall contain an assessment by the grantee of the relationship of such use to the objectives identified in the grantees statement under subsection (d).CommentsClose CommentsPermalink
‘(g) Applicability of CDBG Provisions- Sections 109, 110, and 111 of the Housing and Community Development Act of 1974 (
, 5310, 5311) shall apply to assistance received under this section to the same extent and in the same manner that such sections apply to assistance received under title I of such Act.CommentsClose CommentsPermalink 42 U.S.C. 5309 ‘(h) Authorization of Appropriations- There is authorized to be appropriated for grants under this section $2,500,000,000 for fiscal year 2009 and such sums as may be necessary for each fiscal year thereafter.’.CommentsClose CommentsPermalink
SEC. 616. INCLUDING SUSTAINABLE DEVELOPMENT IN COMPREHENSIVE HOUSING AFFORDABILITY STRATEGIES.
Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act (
(1) by striking ‘and’ at the end of paragraph (19);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (20) and inserting ‘; and’;CommentsClose CommentsPermalink
(3) and by inserting after paragraph (20) the following:CommentsClose CommentsPermalink
‘(21) describe the jurisdiction’s strategies to encourage sustainable development for affordable housing, including single-family and multifamily housing, as measured by--CommentsClose CommentsPermalink
‘(A) greater energy efficiency and use of renewable energy sources, including any strategies regarding compliance with the energy efficiency requirements under section 604(a) of the Green Resources for Energy Efficient Neighborhoods Act of 2008 and with the enhanced energy efficiency and conservation standards, and the green building standards, under section 604(b) of such Act;CommentsClose CommentsPermalink
‘(B) increased conservation, recycling, and reuse of resources;CommentsClose CommentsPermalink
‘(C) more effective use of existing infrastructure;CommentsClose CommentsPermalink
‘(D) use of building materials and methods that are healthier for residents of the housing, including use of building materials that are free of added known carcinogens that are classified as Group 1 Known Carcinogens by the International Agency for Research on Cancer; andCommentsClose CommentsPermalink
‘(E) such other criteria as the Secretary determines, in consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, are in accordance with the purposes of this paragraph.’.CommentsClose CommentsPermalink
SEC. 617. GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY DEVELOPMENT CAPACITY.
(a) In General- The Secretary may make grants to nonprofit organizations to use for any of the following purposes:CommentsClose CommentsPermalink
(1) Training, educating, supporting, or advising an eligible community development organization or qualified youth service and conservation corps in improving energy efficiency, resource conservation and reuse, design strategies to maximize energy efficiency, installing or constructing renewable energy improvements (such as wind, wave, solar, biomass, and geothermal energy sources), and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities, taking into consideration energy efficiency requirements under section 604(a) of this title and with the enhanced energy efficiency and conservation standards, and the green building standards, under section 604(b) of this title.CommentsClose CommentsPermalink
(2) Providing loans, grants, or predevelopment assistance to eligible community development organizations or qualified youth service and conservation corps to carry out energy efficiency improvements that comply with the energy efficiency requirements under section 604(a) of this title, resource conservation and reuse, and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities. In providing assistance under this paragraph, the Secretary shall give more preference to activities based on the extent to which the activities will result in compliance with the enhanced energy efficiency and conservation standards, and the green building standards, under section 604(b) of this title.CommentsClose CommentsPermalink
(3) Such other purposes as the Secretary determines are in accordance with the purposes of this subsection.CommentsClose CommentsPermalink
(b) Application Requirement- To be eligible for a grant under this section, a nonprofit organization shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(c) Award of Contracts- Contracts for architectural or engineering services funded with amounts from grants made under this section shall be awarded in accordance with chapter 11 of title 40, United States Code (relating to selection of architects and engineers).CommentsClose CommentsPermalink
(d) Matching Requirement- A grant made under this section may not exceed the amount that the nonprofit organization receiving the grant certifies, to the Secretary, will be provided (in cash or in kind) from non-governmental sources to carry out the purposes for which the grant is made.CommentsClose CommentsPermalink
(e) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
(1) The term ‘nonprofit organization’ has the meaning given such term in section 104 of the Cranston-Gonzalez National Affordable Housing Act (
(2) The term ‘eligible community development organization’ means--CommentsClose CommentsPermalink
(A) a unit of general local government (as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (
(B) a community housing development organization (as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (
(C) an Indian tribe or tribally designated housing entity (as such terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(D) a public housing agency, as such term is defined in section 3(b) of the United States Housing Act of 1937 (
(3) The term ‘low-income community’ means a census tract in which 50 percent or more of the households have an income which is less than 80 percent of the greater of--CommentsClose CommentsPermalink
(A) the median gross income for such year for the area in which such census tract is located; orCommentsClose CommentsPermalink
(B) the median gross income for such year for the State in which such census tract is located.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
SEC. 618. UTILIZATION OF ENERGY PERFORMANCE CONTRACTS IN HOPE VI.
Section 24(d) of the United States Housing Act of 1937 (
‘(3) ENERGY PERFORMANCE CONTRACTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall provide that a public housing agency shall receive the full financial benefit, as determined by the Secretary, from any reduction in the cost of utilities resulting from any contract with a third party to undertake energy conservation improvements in connection with a revitalization plan under this section.CommentsClose CommentsPermalink
‘(B) THIRD PARTY CONTRACTS- Contracts described in subparagraph (A) may include contracts for equipment conversions to less costly utility sources, projects with resident-paid utilities, and adjustments to frozen base year consumption, including systems repaired to meet applicable building and safety codes and adjustments for occupancy rates increased by rehabilitation.CommentsClose CommentsPermalink
‘(C) TERM OF CONTRACT- The total term of a contract described in subparagraph (A) shall not exceed 20 years to allow longer payback periods for retrofits, including windows, heating system replacements, wall insulation, site-based generation, advanced energy savings technologies, including renewable energy generation, and other such retrofits.’.CommentsClose CommentsPermalink
SEC. 619. HOPE VI GREEN DEVELOPMENTS REQUIREMENT.
(a) Mandatory Component- Section 24(e) of the United States Housing Act of 1937 (
‘(4) GREEN DEVELOPMENTS REQUIREMENT-CommentsClose CommentsPermalink
‘(A) REQUIREMENT- The Secretary may not make a grant under this section to an applicant unless the proposed revitalization plan of the applicant to be carried out with such grant amounts meets the following requirements:CommentsClose CommentsPermalink
‘(i) GREEN COMMUNITIES CRITERIA CHECKLIST- All residential construction under the proposed plan complies with the national Green Communities criteria checklist for residential construction that provides criteria for the design, development, and operation of affordable housing, as such checklist is in effect for purposes of this paragraph pursuant to subparagraph (D) at the date of the application for the grant, or any substantially equivalent standard or standards as determined by the Secretary, as follows:CommentsClose CommentsPermalink
‘(I) The proposed plan shall comply with all items of the national Green Communities criteria checklist for residential construction that are identified as mandatory.CommentsClose CommentsPermalink
‘(II) The proposed plan shall comply with such other nonmandatory items of such national Green Communities criteria checklist so as to result in a cumulative number of points attributable to such nonmandatory items under such checklist of not less than--CommentsClose CommentsPermalink
‘(aa) 25 points, in the case of any proposed plan (or portion thereof) consisting of new construction; andCommentsClose CommentsPermalink
‘(bb) 20 points, in the case of any proposed plan (or portion thereof) consisting of rehabilitation.CommentsClose CommentsPermalink
‘(ii) GREEN BUILDINGS CERTIFICATION SYSTEM- All non-residential construction under the proposed plan complies with all minimum required levels of the green building rating systems and levels identified by the Secretary pursuant to subparagraph (C), as such systems and levels are in effect for purposes of this paragraph pursuant to subparagraph (D) at the time of the application for the grant.CommentsClose CommentsPermalink
‘(B) VERIFICATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary shall verify, or provide for verification, sufficient to ensure that each proposed revitalization plan carried out with amounts from a grant under this section complies with the requirements under subparagraph (A) and that the revitalization plan is carried out in accordance with such requirements and plan.CommentsClose CommentsPermalink
‘(ii) TIMING- In providing for such verification, the Secretary shall establish procedures to ensure such compliance with respect to each grantee, and shall report to the Congress with respect to the compliance of each grantee, at each of the following times:CommentsClose CommentsPermalink
‘(I) Not later than 6 months after execution of the grant agreement under this section for the grantee.CommentsClose CommentsPermalink
‘(II) Upon completion of the revitalization plan of the grantee.CommentsClose CommentsPermalink
‘(C) IDENTIFICATION OF GREEN BUILDINGS RATING SYSTEMS AND LEVELS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- For purposes of this paragraph, the Secretary shall identify rating systems and levels for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to ratings and standards for green buildings. The identification of the ratings systems and levels shall be based on the criteria specified in clause (ii), shall identify the highest levels the Secretary determines are appropriate above the minimum levels required under the systems selected. Within 90 days of the completion of each study required by clause (iii), the Secretary shall review and update the rating systems and levels, or identify alternative systems and levels for purposes of this paragraph, taking into account the conclusions of such study.CommentsClose CommentsPermalink
‘(ii) CRITERIA- In identifying the green rating systems and levels, the Secretary shall take into consideration--CommentsClose CommentsPermalink
‘(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this paragraph;CommentsClose CommentsPermalink
‘(II) the ability of the applicable ratings system organizations to collect and reflect public comment;CommentsClose CommentsPermalink
‘(III) the ability of the standards to be developed and revised through a consensus-based process;CommentsClose CommentsPermalink
‘(IV) An evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting--CommentsClose CommentsPermalink
‘(aa) efficient and sustainable use of water, energy, and other natural resources;CommentsClose CommentsPermalink
‘(bb) use of renewable energy sources;CommentsClose CommentsPermalink
‘(cc) improved indoor and outdoor environmental quality through enhanced indoor and outdoor air quality, thermal comfort, acoustics, outdoor noise pollution, day lighting, pollutant source control, sustainable landscaping, and use of building system controls and low- or no-emission materials, including preference for materials with no added carcinogens that are classified as Group 1 Known Carcinogens by the International Agency for Research on Cancer; andCommentsClose CommentsPermalink
‘(dd) such other criteria as the Secretary determines to be appropriate; andCommentsClose CommentsPermalink
‘(V) national recognition within the building industry.CommentsClose CommentsPermalink
‘(iii) 5-year EVALUATION- At least once every five years, the Secretary shall conduct a study to evaluate and compare available third-party green building rating systems and levels, taking into account the criteria listed in clause (ii).CommentsClose CommentsPermalink
‘(D) APPLICABILITY AND UPDATING OF STANDARDS-CommentsClose CommentsPermalink
‘(i) APPLICABILITY- Except as provided in clause (ii) of this subparagraph, the national Green Communities criteria checklist and green building rating systems and levels referred to in clauses (i) and (ii) of subparagraph (A) that are in effect for purposes of this paragraph are such checklist systems, and levels as in existence upon the date of the enactment of the Green Resources for Energy Efficient Neighborhoods Act of 2008.CommentsClose CommentsPermalink
‘(ii) UPDATING- The Secretary may, by regulation, adopt and apply, for purposes of this paragraph, future amendments and supplements to, and editions of, the national Green Communities criteria checklist, any standard or standards that the Secretary has determined to be substantially equivalent to such checklist, and the green building ratings systems and levels identified by the Secretary pursuant to subparagraph (C).’.CommentsClose CommentsPermalink
(b) Selection Criteria; Graded Component- Section 24(e)(2) of the United States Housing Act of 1937 (
) is amended--CommentsClose CommentsPermalink 42 U.S.C. 1437v(e)(2)
(1) in subparagraph (K), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (L) as subparagraph (M); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (K) the following new subparagraph:CommentsClose CommentsPermalink
‘(L) the extent to which the proposed revitalization plan--CommentsClose CommentsPermalink
‘(i) in the case of residential construction, complies with the nonmandatory items of the national Green Communities criteria checklist identified in paragraph (4)(A)(i), or any substantially equivalent standard or standards as determined by the Secretary, but only to the extent such compliance exceeds the compliance necessary to accumulate the number of points required under such paragraph; andCommentsClose CommentsPermalink
‘(ii) in the case of non-residential construction, complies with the components of the green building rating systems and levels identified by the Secretary pursuant to paragraph (4)(C), but only to the extent such compliance exceeds the minimum level required under such systems and levels; and’.CommentsClose CommentsPermalink
SEC. 620. CONSIDERATION OF ENERGY-EFFICIENCY IMPROVEMENTS IN APPRAISALS.
(a) Appraisals in Connection With Federally Related Transactions-CommentsClose CommentsPermalink
(1) REQUIREMENT- Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (
(A) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
‘(2) that such appraisals be performed in accordance with appraisal standards that require, in determining the value of a property, consideration of any renewable energy sources for, or energy-efficiency or energy-conserving improvements or features of, the property; and’.CommentsClose CommentsPermalink
(2) REVISION OF APPRAISAL STANDARDS- Each Federal financial institutions regulatory agency shall, not later than 6 months after the date of the enactment of this Act, revise its standards for the performance of real estate appraisals in connection with federally related transactions under the jurisdiction of the agency to comply with the requirement under the amendments made by paragraph (1) of this subsection.CommentsClose CommentsPermalink
(b) Appraiser Certification and Licensing Requirements- Section 1116 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (
(1) in subsection (a), by inserting before the period at the end the following: ‘, and meets the requirements established pursuant to subsection (f) for qualifications regarding consideration of any renewable energy sources for, or energy-efficiency or energy-conserving improvements or features of, the property’;CommentsClose CommentsPermalink
(2) in subsection (c), by inserting before the period at the end the following: ‘, which shall include compliance with the requirements established pursuant to subsection (f) regarding consideration of any renewable energy sources for, or energy-efficiency or energy-conserving improvements or features of, the property’;CommentsClose CommentsPermalink
(3) in subsection (e), by striking ‘The’ and inserting ‘Except as provided in subsection (f), the’; andCommentsClose CommentsPermalink
(4) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(f) Requirements for Appraisers Regarding Energy-Efficiency Features- The Appraisal Subcommittee shall establish requirements for State certification of State certified real estate appraisers and for State licensing of State licensed appraisers, to ensure that appraisers consider and are qualified to consider, in determining the value of a property, any renewable energy sources for, or energy-efficiency or energy-conserving improvements or features of, the property.’.CommentsClose CommentsPermalink
(c) Guidelines for Appraising Photovoltaic Measures and Training of Appraisers- Section 1122 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (
‘(g) Guidelines for Appraising Photovoltaic Measures and Training of Appraisers- The Appraisal Subcommittee shall, in consultation with the Secretary of Housing and Urban Development, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, establish specific guidelines for--CommentsClose CommentsPermalink
‘(1) appraising off- and on-grid photovoltaic measures for compliance with the appraisal standards prescribed pursuant to section 1110(2);CommentsClose CommentsPermalink
‘(2) requirements under section 1116(f) for certification of State certified real estate appraisers and for State licensing of State licensed appraisers, to ensure that appraisers consider, and are qualified to consider, such photovoltaic measures in determining the value of a property; andCommentsClose CommentsPermalink
‘(3) training of appraisers to meet the requirements established pursuant to paragraph (2) of this subsection.’.CommentsClose CommentsPermalink
SEC. 621. ASSISTANCE FOR HOUSING ASSISTANCE COUNCIL.
The Secretary shall require the Housing Assistance Council--CommentsClose CommentsPermalink
(1) to encourage each organization that receives assistance from the Council with any amounts made available from the Secretary to provide that any structures and buildings developed or assisted under projects, programs, and activities funded with such amounts complies with the enhanced energy efficiency requirements under section 604(a) of this title; andCommentsClose CommentsPermalink
(2) to establish incentives to encourage each such organization to provide that any such structures and buildings comply with the energy efficiency and conservation standards, and the green building standards, under section 604(b) of this title.CommentsClose CommentsPermalink
SEC. 622. RURAL HOUSING AND ECONOMIC DEVELOPMENT ASSISTANCE.
The Secretary shall--CommentsClose CommentsPermalink
(1) encourage each tribe, agency, organization, corporation, and other entity that receives any assistance from the Office of Rural Housing and Economic Development of the Department of Housing and Urban Development to provide that any structures and buildings developed or assisted under activities funded with such amounts complies with the energy efficiency requirements under section 604(a) of this title; andCommentsClose CommentsPermalink
(2) establish incentives to encourage each such tribe, agency, organization, corporation, and other entity to provide that any such structures and buildings comply with the enhanced energy efficiency and conservation standards, and the green building standards, under section 604(b) of this title.CommentsClose CommentsPermalink
SEC. 623. LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES ACTIVITIES.
(a) Establishment of Fund- There is established in the Treasury of the United States a fund, to be known as the ‘Alternative Energy Sources State Loan Fund’.CommentsClose CommentsPermalink
(b) Expenditures-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (c)(1).CommentsClose CommentsPermalink
(2) ADMINISTRATIVE EXPENSES- Of the amounts in the Fund, not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of Housing and Urban Development to carry out this section.CommentsClose CommentsPermalink
(c) Loans to States and Indian Tribes-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall use amounts in the Fund to provide loans to States and Indian tribes to provide incentives to owners of single-family and multifamily housing, commercial properties, and public buildings to provide--CommentsClose CommentsPermalink
(A) renewable energy sources for such structures, such as wind, wave, solar, biomass, or geothermal energy sources, including incentives to companies and business to change their source of energy to such renewable energy sources and for changing the sources of energy for public buildings to such renewable energy sources;CommentsClose CommentsPermalink
(B) energy efficiency and energy conserving improvements and features for such structures; orCommentsClose CommentsPermalink
(C) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities.CommentsClose CommentsPermalink
(2) ELIGIBILITY- To be eligible to receive a loan under this subsection, a State or Indian tribe, directly or through an appropriate State or tribal agency, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(3) CRITERIA FOR APPROVAL- The Secretary may approve an application of a State or Indian tribe under paragraph (2) only if the Secretary determines that the State or tribe will use the funds from the loan under this subsection to carry out a program to provide incentives described in paragraph (1) that--CommentsClose CommentsPermalink
(A) requires that any such renewable energy sources, and energy efficiency and energy conserving improvements and features, developed pursuant to assistance under the program result in compliance of the structure so improved with the energy efficiency requirements under section 604(a) of this title; andCommentsClose CommentsPermalink
(B) includes such compliance and audit requirements as the Secretary determines are necessary to ensure that the program is operated in a sound and effective manner.CommentsClose CommentsPermalink
(4) PREFERENCE- In making loans during each fiscal year, the Secretary shall give preference to States and Indian tribes that have not previously received a loan under this subsection.CommentsClose CommentsPermalink
(5) MAXIMUM AMOUNT- The aggregate outstanding principal amount from loans under this subsection to any single State or Indian tribe may not exceed $500,000,000.CommentsClose CommentsPermalink
(6) LOAN TERMS- Each loan under this subsection shall have a term to maturity of not more than 10 years and shall bear interest at annual rate, determined by the Secretary, that shall not exceed interest rate charged by the Federal Reserve Bank of New York to commercial banks and other depository institutions for very short-term loans under the primary credit program, as most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release, preceding the date of a determination for purposes of applying this paragraph.CommentsClose CommentsPermalink
(7) LOAN REPAYMENT- The Secretary shall require full repayment of each loan made under this section.CommentsClose CommentsPermalink
(d) Investment of Amounts-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Treasury shall invest such amounts in the Fund that are not, in the judgment of the Secretary of the Treasury, required to meet needs for current withdrawals.CommentsClose CommentsPermalink
(2) OBLIGATIONS OF UNITED STATES- Investments may be made only in interest-bearing obligations of the United States.CommentsClose CommentsPermalink
(e) Reports-CommentsClose CommentsPermalink
(1) REPORTS TO SECRETARY- For each year during the term of a loan made under subsection (c), the State or Indian tribe that received the loan shall submit to the Secretary a report describing the State or tribal alternative energy sources program for which the loan was made and the activities conducted under the program using the loan funds during that year.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than September 30 of each year that loans made under subsection (c) are outstanding, the Secretary shall submit a report to the Congress describing the total amount of such loans provided under subsection (c) to each eligible State and Indian tribe during the fiscal year ending on such date, and an evaluation on effectiveness of the Fund.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to the Fund $5,000,000,000.CommentsClose CommentsPermalink
(g) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink
(1) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(2) STATE- The term ‘State’ means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States.CommentsClose CommentsPermalink
SEC. 624. GREEN BANKING CENTERS.
(a) Insured Depository Institutions- Section 8 of the Federal Deposit Insurance Act (
‘(x) ‘Green Banking’ Centers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Federal banking agencies shall prescribe guidelines encouraging the establishment and maintenance of ‘green banking’ centers by insured depository institutions to provide any consumer who seeks information on obtaining a mortgage, home improvement loan, or home equity loan with additional information on--CommentsClose CommentsPermalink
‘(A) obtaining an home energy rating or audit for the residence for which such mortgage or loan is sought;CommentsClose CommentsPermalink
‘(B) obtaining financing for cost-effective energy-saving improvements to such property; andCommentsClose CommentsPermalink
‘(C) obtaining beneficial terms for any mortgage or loan, or qualifying for a larger mortgage or loan, secured by a residence which meets or will meet energy-efficiency standards.CommentsClose CommentsPermalink
‘(2) INFORMATION AND REFERRALS- The information made available to consumers under paragraph (1) may include--CommentsClose CommentsPermalink
‘(A) information on obtaining a home energy rating and contact information on qualified energy raters in the area of the residence;CommentsClose CommentsPermalink
‘(B) information on the secondary market guidelines that permit lenders to provide more favorable terms by allowing lenders to increase the ratio on debt-to-income requirements or to use the projected utility savings as a compensating factor;CommentsClose CommentsPermalink
‘(C) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered by the Secretary of Housing and Urban Development, including the Energy Efficient Mortgage Program;CommentsClose CommentsPermalink
‘(D) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered for qualified military personal, reservists, and veterans by the Secretary of Veterans Affairs;CommentsClose CommentsPermalink
‘(E) information about, and contact information for, the Office of Efficiency and Renewable Energy at the Department of Energy, including the weatherization assistance program;CommentsClose CommentsPermalink
‘(F) information about, and contact information for, the Energy Star Program of the Environmental Protection Agency;CommentsClose CommentsPermalink
‘(G) information from, and contact information for, the Federal Citizen Information Center of the General Services Administration on energy efficient mortgages and loans, home energy rating systems, and the availability of energy efficient mortgage information from a variety of Federal agencies; andCommentsClose CommentsPermalink
‘(H) such other information as the agencies or the insured depository institution may determine to be appropriate or useful.’.CommentsClose CommentsPermalink
(b) Insured Credit Unions- Section 206 of the Federal Credit Union Act (
‘(x) ‘Green Banking’ Centers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Board shall prescribe guidelines encouraging the establishment and maintenance of ‘green banking’ centers by insured credit unions to provide any member who seeks information on obtaining a mortgage, home improvement loan, or home equity loan with additional information on--CommentsClose CommentsPermalink
‘(A) obtaining an home energy rating or audit for the residence for which such mortgage or loan is sought;CommentsClose CommentsPermalink
‘(B) obtaining financing for cost-effective energy-saving improvements to such property; andCommentsClose CommentsPermalink
‘(C) obtaining beneficial terms for any mortgage or loan, or qualifying for a larger mortgage or loan, secured by a residence which meets or will meet energy-efficiency standards.CommentsClose CommentsPermalink
‘(2) INFORMATION AND REFERRALS- The information made available to members under paragraph (1) may include--CommentsClose CommentsPermalink
‘(A) information on obtaining a home energy rating and contact information on qualified energy raters in the area of the residence;CommentsClose CommentsPermalink
‘(B) information on the secondary market guidelines that permit lenders to provide more favorable terms by allowing lenders to increase the ratio on debt-to-income requirements or to use the projected utility savings as a compensating factor;CommentsClose CommentsPermalink
‘(C) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered by the Secretary of Housing and Urban Development, including the Energy Efficient Mortgage Program;CommentsClose CommentsPermalink
‘(D) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered for qualified military personal, reservists, and veterans by the Secretary of Veterans Affairs;CommentsClose CommentsPermalink
‘(E) information about, and contact information for, the Office of Efficiency and Renewable Energy at the Department of Energy, including the weatherization assistance program;CommentsClose CommentsPermalink
‘(F) information from, and contact information for, the Federal Citizen Information Center of the General Services Administration on energy efficient mortgages and loans, home energy rating systems, and the availability of energy efficient mortgage information from a variety of Federal agencies; andCommentsClose CommentsPermalink
‘(G) such other information as the Board or the insured credit union may determine to be appropriate or useful.’.CommentsClose CommentsPermalink
SEC. 625. PUBLIC HOUSING ENERGY COST REPORT.
(a) Collection of Information by HUD- The Secretary of Housing and Urban Development shall obtain from each public housing agency, by such time as may be necessary to comply with the reporting requirement under subsection (b), information regarding the energy costs for public housing administered or operated by the agency. For each public housing agency, such information shall include the monthly energy costs associated with each separate building and development of the agency, for the most recently completed 12-month period for which such information is available, and such other information as the Secretary determines is appropriate in determining which public housing buildings and developments are most in need of repairs and improvements to reduce energy needs and costs and become more energy efficient.CommentsClose CommentsPermalink
(b) Report- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit a report to the Congress setting forth the information collected pursuant to subsection (a).CommentsClose CommentsPermalink
TITLE VII--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
SEC. 701. ALTERNATIVE FUEL PUMPS.
(a) Requirement- Not later than January 1, 2018, each retail automotive fueling station owned by a major integrated oil company shall have at least 1 alternative fuel pump (and necessary infrastructure and storage facilities) available to dispense for automotive purposes a fuel referred to in subparagraph (A), (B), (C), or (D) of subsection (c)(2) .CommentsClose CommentsPermalink
(b) Penalty- A major integrated oil company that has failed to comply with subsection (a) as of January 1 of any calendar year beginning with 2018 shall be liable for a civil penalty in the amount of $100,000 for each automotive fueling station owned by such company that is not in compliance. Any such penalty may be assessed and collected by the Secretary of Energy by order. The Secretary may bring an action in the appropriate United States District court to require the payment of civil penalties imposed under this subsection, and such court shall have jurisdiction to enforce any order of the Secretary under this subsection.CommentsClose CommentsPermalink
(c) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(1) The term ‘major integrated oil company’ has the meaning given that term in section 167(h)(5)(B) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(2) The term ‘alternative fuel pump’ means a fuel pump that dispenses as a fuel for automotive purposes--CommentsClose CommentsPermalink
(A) natural gas;CommentsClose CommentsPermalink
(B) any fuel at least 85 percent of the volume of which consists of ethanol;CommentsClose CommentsPermalink
(C) any mixture of biodiesel and diesel or renewable diesel (as defined in regulations under section 211(o) of the Clean Air Act), determined without regard to any use of kerosene and containing at least 20 percent biodiesel or renewable diesel; orCommentsClose CommentsPermalink
(D) hydrogen.CommentsClose CommentsPermalink
(d) Regulations- The Secretary of Energy shall promulgate such regulations as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 702. NATIONAL ENERGY CENTER OF EXCELLENCE.
(a) Establishment- The Secretary of Energy shall award a grant on a competitive basis to one consortium of institutions of higher education (as such term is defined in section 102 of the Higher Education Act of 1965) for the establishment of a National Energy Center of Excellence to conduct research and education activities in geological and geothermal sciences, renewable energy and energy efficiency (including energy technology using clean coal, solar, wind, oil, natural gas, hydroelectric, biofuels, ethanol, and other energy alternatives), and energy conservation, including a special emphasis on environmentally safe energy.CommentsClose CommentsPermalink
(b) Consortium- The consortium shall include at least two institutions of higher education, one of which must be eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2009 through 2013.CommentsClose CommentsPermalink
SEC. 703. SENSE OF CONGRESS REGARDING RENEWABLE BIOMASS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) in order to fulfill the commitment of the United States to energy security and independence, the current definition of renewable biomass in the Renewable Fuel Standard (RFS) could be improved;CommentsClose CommentsPermalink
(2) in order to meet the United States’ energy challenges in an environmentally responsible way, the RFS should be as inclusive as possible to better reflect the realities of our Nation’s resources, to encourage investment, and to help us meet the congressional mandate for advanced biofuels;CommentsClose CommentsPermalink
(3) Congress recognizes that renewable fuels are important to our climate and energy security strategy, as well as the rural communities they support; andCommentsClose CommentsPermalink
(4) cellulosic biofuels can and should be produced from a highly diverse array of feedstocks, allowing every region of the country to be a potential producer of this fuel.CommentsClose CommentsPermalink
TITLE VIII--ENERGY TAX INCENTIVESCommentsClose CommentsPermalink
SEC. 800. SHORT TITLE, ETC.
(a) Short Title- This title may be cited as the ‘Energy Tax Incentives Act of 2008’.CommentsClose CommentsPermalink
(b) Reference- Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
Subtitle A--Energy Production IncentivesCommentsClose CommentsPermalink
PART 1--RENEWABLE ENERGY INCENTIVES
SEC. 801. RENEWABLE ENERGY CREDIT.
(a) Extension of Credit-CommentsClose CommentsPermalink
(1) 1-year EXTENSION FOR WIND FACILITIES- Paragraph (1) of section 45(d) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink
(2) 3-year EXTENSION FOR CERTAIN OTHER FACILITIES- Each of the following provisions of section 45(d) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2012’:CommentsClose CommentsPermalink
(A) Clauses (i) and (ii) of paragraph (2)(A).CommentsClose CommentsPermalink
(B) Clauses (i)(I) and (ii) of paragraph (3)(A).CommentsClose CommentsPermalink
(C) Paragraph (4).CommentsClose CommentsPermalink
(D) Paragraph (5).CommentsClose CommentsPermalink
(E) Paragraph (6).CommentsClose CommentsPermalink
(F) Paragraph (7).CommentsClose CommentsPermalink
(G) Subparagraphs (A) and (B) of paragraph (9).CommentsClose CommentsPermalink
(b) Modification of Credit Phaseout-CommentsClose CommentsPermalink
(1) REPEAL OF PHASEOUT- Subsection (b) of section 45 is amended--CommentsClose CommentsPermalink
(A) by striking paragraph (1), andCommentsClose CommentsPermalink
(B) by striking ‘the 8 cent amount in paragraph (1),’ in paragraph (2) thereof.CommentsClose CommentsPermalink
(2) LIMITATION BASED ON INVESTMENT IN FACILITY- Subsection (b) of section 45 is amended by inserting before paragraph (2) the following new paragraph:CommentsClose CommentsPermalink
‘(1) LIMITATION BASED ON INVESTMENT IN FACILITY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In the case of any qualified facility originally placed in service after December 31, 2009, the amount of the credit determined under subsection (a) for any taxable year with respect to electricity produced at such facility shall not exceed the product of--CommentsClose CommentsPermalink
‘(i) the applicable percentage with respect to such facility, multiplied byCommentsClose CommentsPermalink
‘(ii) the eligible basis of such facility.CommentsClose CommentsPermalink
‘(B) CARRYFORWARD OF UNUSED LIMITATION AND EXCESS CREDIT-CommentsClose CommentsPermalink
‘(i) UNUSED LIMITATION- If the limitation imposed under subparagraph (A) with respect to any facility for any taxable year exceeds the prelimitation credit for such facility for such taxable year, the limitation imposed under subparagraph (A) with respect to such facility for the succeeding taxable year shall be increased by the amount of such excess.CommentsClose CommentsPermalink
‘(ii) EXCESS CREDIT- If the prelimitation credit with respect to any facility for any taxable year exceeds the limitation imposed under subparagraph (A) with respect to such facility for such taxable year, the credit determined under subsection (a) with respect to such facility for the succeeding taxable year (determined before the application of subparagraph (A) for such succeeding taxable year) shall be increased by the amount of such excess. With respect to any facility, no amount may be carried forward under this clause to any taxable year beginning after the 10-year period described in subsection (a)(2)(A)(ii) with respect to such facility.CommentsClose CommentsPermalink
‘(iii) PRELIMITATION CREDIT- The term ‘prelimitation credit’ with respect to any facility for a taxable year means the credit determined under subsection (a) with respect to such facility for such taxable year, determined without regard to subparagraph (A) and after taking into account any increase for such taxable year under clause (ii).CommentsClose CommentsPermalink
‘(C) APPLICABLE PERCENTAGE- For purposes of this paragraph--CommentsClose CommentsPermalink
‘(i) IN GENERAL- The term ‘applicable percentage’ means, with respect to any facility, the appropriate percentage prescribed by the Secretary for the month in which such facility is originally placed in service.CommentsClose CommentsPermalink
‘(ii) METHOD OF PRESCRIBING APPLICABLE PERCENTAGE- The applicable percentage prescribed by the Secretary for any month under clause (i) shall be the percentage which yields over a 10-year period amounts of limitation under subparagraph (A) which have a present value equal to 35 percent of the eligible basis of the facility.CommentsClose CommentsPermalink
‘(iii) METHOD OF DISCOUNTING- The present value under clause (ii) shall be determined--CommentsClose CommentsPermalink
‘(I) as of the last day of the 1st year of the 10-year period referred to in clause (ii),CommentsClose CommentsPermalink
‘(II) by using a discount rate equal to the greater of 110 percent of the Federal long-term rate as in effect under section 1274(d) for the month preceding the month for which the applicable percentage is being prescribed, or 4.5 percent, andCommentsClose CommentsPermalink
‘(III) by taking into account the limitation under subparagraph (A) for any year on the last day of such year.CommentsClose CommentsPermalink
‘(D) ELIGIBLE BASIS- For purposes of this paragraph--CommentsClose CommentsPermalink
‘(i) IN GENERAL- The term ‘eligible basis’ means, with respect to any facility, the sum of--CommentsClose CommentsPermalink
‘(I) the basis of such facility determined as of the time that such facility is originally placed in service, andCommentsClose CommentsPermalink
‘(II) the portion of the basis of any shared qualified property which is properly allocable to such facility under clause (ii).CommentsClose CommentsPermalink
‘(ii) RULES FOR ALLOCATION- For purposes of subclause (II) of clause (i), the basis of shared qualified property shall be allocated among all qualified facilities which are projected to be placed in service and which require utilization of such property in proportion to projected generation from such facilities.CommentsClose CommentsPermalink
‘(iii) SHARED QUALIFIED PROPERTY- For purposes of this paragraph, the term ‘shared qualified property’ means, with respect to any facility, any property described in section 168(e)(3)(B)(vi)--CommentsClose CommentsPermalink
‘(I) which a qualified facility will require for utilization of such facility, andCommentsClose CommentsPermalink
‘(II) which is not a qualified facility.CommentsClose CommentsPermalink
‘(iv) SPECIAL RULE RELATING TO GEOTHERMAL FACILITIES- In the case of any qualified facility using geothermal energy to produce electricity, the basis of such facility for purposes of this paragraph shall be determined as though intangible drilling and development costs described in section 263(c) were capitalized rather than expensed.CommentsClose CommentsPermalink
‘(E) SPECIAL RULE FOR FIRST AND LAST YEAR OF CREDIT PERIOD- In the case of any taxable year any portion of which is not within the 10-year period described in subsection (a)(2)(A)(ii) with respect to any facility, the amount of the limitation under subparagraph (A) with respect to such facility shall be reduced by an amount which bears the same ratio to the amount of such limitation (determined without regard to this subparagraph) as such portion of the taxable year which is not within such period bears to the entire taxable year.CommentsClose CommentsPermalink
‘(F) ELECTION TO TREAT ALL FACILITIES PLACED IN SERVICE IN A YEAR AS 1 FACILITY- At the election of the taxpayer, all qualified facilities which are part of the same project and which are originally placed in service during the same calendar year shall be treated for purposes of this section as 1 facility which is originally placed in service at the mid-point of such year or the first day of the following calendar year.’.CommentsClose CommentsPermalink
(c) Trash Facility Clarification- Paragraph (7) of section 45(d) is amended--CommentsClose CommentsPermalink
(1) by striking ‘facility which burns’ and inserting ‘facility (other than a facility described in paragraph (6)) which uses’, andCommentsClose CommentsPermalink
(2) by striking ‘COMBUSTION’.CommentsClose CommentsPermalink
(d) Expansion of Biomass Facilities-CommentsClose CommentsPermalink
(1) OPEN-LOOP BIOMASS FACILITIES- Paragraph (3) of section 45(d) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
‘(B) EXPANSION OF FACILITY- Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.’.CommentsClose CommentsPermalink
(2) CLOSED-LOOP BIOMASS FACILITIES- Paragraph (2) of section 45(d) is amended by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
‘(B) EXPANSION OF FACILITY- Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A)(i), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.’.CommentsClose CommentsPermalink
(e) Modification of Rules for Hydropower Production- Subparagraph (C) of section 45(c)(8) is amended to read as follows:CommentsClose CommentsPermalink
‘(C) NONHYDROELECTRIC DAM- For purposes of subparagraph (A), a facility is described in this subparagraph if--CommentsClose CommentsPermalink
‘(i) the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements,CommentsClose CommentsPermalink
‘(ii) the nonhydroelectric dam was placed in service before the date of the enactment of this paragraph and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this paragraph, andCommentsClose CommentsPermalink
‘(iii) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway.CommentsClose CommentsPermalink
The Secretary, in consultation with the Federal Energy Regulatory Commission, shall certify if a hydroelectric project licensed at a nonhydroelectric dam meets the criteria in clause (iii). Nothing in this section shall affect the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act.’.CommentsClose CommentsPermalink
(f) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to property originally placed in service after December 31, 2008.CommentsClose CommentsPermalink
(2) REPEAL OF CREDIT PHASEOUT- The amendments made by subsection (b)(1) shall apply to taxable years ending after December 31, 2008.CommentsClose CommentsPermalink
(3) LIMITATION BASED ON INVESTMENT IN FACILITY- The amendment made by subsection (b)(2) shall apply to property originally placed in service after December 31, 2009.CommentsClose CommentsPermalink
(4) TRASH FACILITY CLARIFICATION- The amendments made by subsection (c) shall apply to electricity produced and sold after the date of the enactment of this Act.CommentsClose CommentsPermalink
(5) EXPANSION OF BIOMASS FACILITIES- The amendments made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 802. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE RENEWABLES.
(a) In General- Paragraph (1) of section 45(c) is amended by striking ‘and’ at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(I) marine and hydrokinetic renewable energy.’.CommentsClose CommentsPermalink
(b) Marine Renewables- Subsection (c) of section 45 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(10) MARINE AND HYDROKINETIC RENEWABLE ENERGY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘marine and hydrokinetic renewable energy’ means energy derived from--CommentsClose CommentsPermalink
‘(i) waves, tides, and currents in oceans, estuaries, and tidal areas,CommentsClose CommentsPermalink
‘(ii) free flowing water in rivers, lakes, and streams,CommentsClose CommentsPermalink
‘(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that utilize nonmechanical structures to accelerate the flow of water for electric power production purposes, orCommentsClose CommentsPermalink
‘(iv) differentials in ocean temperature (ocean thermal energy conversion).CommentsClose CommentsPermalink
‘(B) EXCEPTIONS- Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.’.CommentsClose CommentsPermalink
(c) Definition of Facility- Subsection (d) of section 45 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(11) MARINE AND HYDROKINETIC RENEWABLE ENERGY FACILITIES- In the case of a facility producing electricity from marine and hydrokinetic renewable energy, the term ‘qualified facility’ means any facility owned by the taxpayer--CommentsClose CommentsPermalink
‘(A) which has a nameplate capacity rating of at least 150 kilowatts, andCommentsClose CommentsPermalink
‘(B) which is originally placed in service on or after the date of the enactment of this paragraph and before January 1, 2012.’.CommentsClose CommentsPermalink
(d) Credit Rate- Subparagraph (A) of section 45(b)(4) is amended by striking ‘or (9)’ and inserting ‘(9), or (11)’.CommentsClose CommentsPermalink
(e) Coordination With Small Irrigation Power- Paragraph (5) of section 45(d), as amended by section 801, is amended by striking ‘January 1, 2012’ and inserting ‘the date of the enactment of paragraph (11)’.CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by this section shall apply to electricity produced and sold after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
SEC. 803. ENERGY CREDIT.
(a) Extension of Credit-CommentsClose CommentsPermalink
(1) SOLAR ENERGY PROPERTY- Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2017’.CommentsClose CommentsPermalink
(2) FUEL CELL PROPERTY- Subparagraph (E) of section 48(c)(1) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(3) MICROTURBINE PROPERTY- Subparagraph (E) of section 48(c)(2) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(b) Allowance of Energy Credit Against Alternative Minimum Tax- Subparagraph (B) of section 38(c)(4) is amended by striking ‘and’ at the end of clause (iii), by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively, and by inserting after clause (iv) the following new clause:CommentsClose CommentsPermalink
‘(v) the credit determined under section 46 to the extent that such credit is attributable to the energy credit determined under section 48, and’.CommentsClose CommentsPermalink
(c) Energy Credit for Combined Heat and Power System Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 48(a)(3)(A) (defining energy property) is amended by striking ‘or’ at the end of clause (iii), by inserting ‘or’ at the end of clause (iv), and by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(v) combined heat and power system property,’.CommentsClose CommentsPermalink
(2) COMBINED HEAT AND POWER SYSTEM PROPERTY- Section 48 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Combined Heat and Power System Property- For purposes of subsection (a)(3)(A)(v)--CommentsClose CommentsPermalink
‘(1) COMBINED HEAT AND POWER SYSTEM PROPERTY- The term ‘combined heat and power system property’ means property comprising a system--CommentsClose CommentsPermalink
‘(A) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications),CommentsClose CommentsPermalink
‘(B) which produces--CommentsClose CommentsPermalink
‘(i) at least 20 percent of its total useful energy in the form of thermal energy which is not used to produce electrical or mechanical power (or combination thereof), andCommentsClose CommentsPermalink
‘(ii) at least 20 percent of its total useful energy in the form of electrical or mechanical power (or combination thereof),CommentsClose CommentsPermalink
‘(C) the energy efficiency percentage of which exceeds 60 percent, andCommentsClose CommentsPermalink
‘(D) which is placed in service before January 1, 2017.CommentsClose CommentsPermalink
‘(2) LIMITATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In the case of combined heat and power system property with an electrical capacity in excess of the applicable capacity placed in service during the taxable year, the credit under subsection (a)(1) (determined without regard to this paragraph) for such year shall be equal to the amount which bears the same ratio to such credit as the applicable capacity bears to the capacity of such property.CommentsClose CommentsPermalink
‘(B) APPLICABLE CAPACITY- For purposes of subparagraph (A), the term ‘applicable capacity’ means 15 megawatts or a mechanical energy capacity of more than 20,000 horsepower or an equivalent combination of electrical and mechanical energy capacities.CommentsClose CommentsPermalink
‘(C) MAXIMUM CAPACITY- The term ‘combined heat and power system property’ shall not include any property comprising a system if such system has a capacity in excess of 50 megawatts or a mechanical energy capacity in excess of 67,000 horsepower or an equivalent combination of electrical and mechanical energy capacities.CommentsClose CommentsPermalink
‘(3) SPECIAL RULES-CommentsClose CommentsPermalink
‘(A) ENERGY EFFICIENCY PERCENTAGE- For purposes of this subsection, the energy efficiency percentage of a system is the fraction--CommentsClose CommentsPermalink
‘(i) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and expected to be consumed in its normal application, andCommentsClose CommentsPermalink
‘(ii) the denominator of which is the lower heating value of the fuel sources for the system.CommentsClose CommentsPermalink
‘(B) DETERMINATIONS MADE ON BTU BASIS- The energy efficiency percentage and the percentages under paragraph (1)(B) shall be determined on a Btu basis.CommentsClose CommentsPermalink
‘(C) INPUT AND OUTPUT PROPERTY NOT INCLUDED- The term ‘combined heat and power system property’ does not include property used to transport the energy source to the facility or to distribute energy produced by the facility.CommentsClose CommentsPermalink
‘(4) SYSTEMS USING BIOMASS- If a system is designed to use biomass (within the meaning of paragraphs (2) and (3) of section 45(c) without regard to the last sentence of paragraph (3)(A)) for at least 90 percent of the energy source--CommentsClose CommentsPermalink
‘(A) paragraph (1)(C) shall not apply, butCommentsClose CommentsPermalink
‘(B) the amount of credit determined under subsection (a) with respect to such system shall not exceed the amount which bears the same ratio to such amount of credit (determined without regard to this paragraph) as the energy efficiency percentage of such system bears to 60 percent.’.CommentsClose CommentsPermalink
(d) Increase of Credit Limitation for Fuel Cell Property- Subparagraph (B) of section 48(c)(1) is amended by striking ‘$500’ and inserting ‘$1,500’.CommentsClose CommentsPermalink
(e) Public Utility Property Taken Into Account-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (3) of section 48(a) is amended by striking the second sentence thereof.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Paragraph (1) of section 48(c) is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).CommentsClose CommentsPermalink
(B) Paragraph (2) of section 48(c) is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).CommentsClose CommentsPermalink
(f) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) ALLOWANCE AGAINST ALTERNATIVE MINIMUM TAX- The amendments made by subsection (b) shall apply to credits determined under section 46 of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act and to carrybacks of such credits.CommentsClose CommentsPermalink
(3) COMBINED HEAT AND POWER AND FUEL CELL PROPERTY- The amendments made by subsections (c) and (d) shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).CommentsClose CommentsPermalink
(4) PUBLIC UTILITY PROPERTY- The amendments made by subsection (e) shall apply to periods after February 13, 2008, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).CommentsClose CommentsPermalink
SEC. 804. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension- Section 25D(g) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(b) Maximum Credit for Solar Electric Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 25D(b)(1)(A) is amended by striking ‘$2,000’ and inserting ‘$4,000’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 25D(e)(4)(A)(i) is amended by striking ‘$6,667’ and inserting ‘$13,333’.CommentsClose CommentsPermalink
(c) Credit for Residential Wind Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 25D(a) is amended by striking ‘and’ at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) 30 percent of the qualified small wind energy property expenditures made by the taxpayer during such year.’.CommentsClose CommentsPermalink
(2) LIMITATION- Section 25D(b)(1) is amended by striking ‘and’ at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) $500 with respect to each half kilowatt of capacity (not to exceed $4,000) of wind turbines for which qualified small wind energy property expenditures are made.’.CommentsClose CommentsPermalink
(3) QUALIFIED SMALL WIND ENERGY PROPERTY EXPENDITURES-CommentsClose CommentsPermalink
(A) IN GENERAL- Section 25D(d) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) QUALIFIED SMALL WIND ENERGY PROPERTY EXPENDITURE- The term ‘qualified small wind energy property expenditure’ means an expenditure for property which uses a wind turbine to generate electricity for use in connection with a dwelling unit located in the United States and used as a residence by the taxpayer.’.CommentsClose CommentsPermalink
(B) NO DOUBLE BENEFIT- Section 45(d)(1) is amended by adding at the end the following new sentence: ‘Such term shall not include any facility with respect to which any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section.’.CommentsClose CommentsPermalink
(4) MAXIMUM EXPENDITURES IN CASE OF JOINT OCCUPANCY- Section 25D(e)(4)(A) is amended by striking ‘and’ at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ‘, and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iv) $1,667 in the case of each half kilowatt of capacity (not to exceed $13,333) of wind turbines for which qualified small wind energy property expenditures are made.’.CommentsClose CommentsPermalink
(d) Credit for Geothermal Heat pump Systems-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 25D(a), as amended by subsection (c), is amended by striking ‘and’ at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) 30 percent of the qualified geothermal heat pump property expenditures made by the taxpayer during such year.’.CommentsClose CommentsPermalink
(2) LIMITATION- Section 25D(b)(1), as amended by subsection (c), is amended by striking ‘and’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(E) $2,000 with respect to any qualified geothermal heat pump property expenditures.’.CommentsClose CommentsPermalink
(3) QUALIFIED GEOTHERMAL HEAT PUMP PROPERTY EXPENDITURE- Section 25D(d), as amended by subsection (c), is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) QUALIFIED GEOTHERMAL HEAT PUMP PROPERTY EXPENDITURE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified geothermal heat pump property expenditure’ means an expenditure for qualified geothermal heat pump property installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer.CommentsClose CommentsPermalink
‘(B) QUALIFIED GEOTHERMAL HEAT PUMP PROPERTY- The term ‘qualified geothermal heat pump property’ means any equipment which--CommentsClose CommentsPermalink
‘(i) uses the ground or ground water as a thermal energy source to heat the dwelling unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling unit, andCommentsClose CommentsPermalink
‘(ii) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made.’.CommentsClose CommentsPermalink
(4) MAXIMUM EXPENDITURES IN CASE OF JOINT OCCUPANCY- Section 25D(e)(4)(A), as amended by subsection (c), is amended by striking ‘and’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘, and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(v) $6,667 in the case of any qualified geothermal heat pump property expenditures.’.CommentsClose CommentsPermalink
(e) Credit Allowed Against Alternative Minimum Tax-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (c) of section 25D is amended to read as follows:CommentsClose CommentsPermalink
‘(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit-CommentsClose CommentsPermalink
‘(1) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of--CommentsClose CommentsPermalink
‘(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink
‘(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year.CommentsClose CommentsPermalink
‘(2) CARRYFORWARD OF UNUSED CREDIT-CommentsClose CommentsPermalink
‘(A) RULE FOR YEARS IN WHICH ALL PERSONAL CREDITS ALLOWED AGAINST REGULAR AND ALTERNATIVE MINIMUM TAX- In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.CommentsClose CommentsPermalink
‘(B) RULE FOR OTHER YEARS- In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 23(b)(4)(B) is amended by inserting ‘and section 25D’ after ‘this section’.CommentsClose CommentsPermalink
(B) Section 24(b)(3)(B) is amended by striking ‘and 25B’ and inserting ‘, 25B, and 25D’.CommentsClose CommentsPermalink
(C) Section 25B(g)(2) is amended by striking ‘section 23’ and inserting ‘sections 23 and 25D’.CommentsClose CommentsPermalink
(D) Section 26(a)(1) is amended by striking ‘and 25B’ and inserting ‘25B, and 25D’.CommentsClose CommentsPermalink
(f) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink
(2) APPLICATION OF EGTRRA SUNSET- The amendments made by subparagraphs (A) and (B) of subsection (e)(2) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.CommentsClose CommentsPermalink
SEC. 805. SPECIAL RULE TO IMPLEMENT FERC AND STATE ELECTRIC RESTRUCTURING POLICY.
(a) Extension for Qualified Electric Utilities-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (3) of section 451(i) is amended by inserting ‘(before January 1, 2010, in the case of a qualified electric utility)’ after ‘January 1, 2008’.CommentsClose CommentsPermalink
(2) QUALIFIED ELECTRIC UTILITY- Subsection (i) of section 451 is amended by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively, and by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) QUALIFIED ELECTRIC UTILITY- For purposes of this subsection, the term ‘qualified electric utility’ means a person that, as of the date of the qualifying electric transmission transaction, is vertically integrated, in that it is both--CommentsClose CommentsPermalink
‘(A) a transmitting utility (as defined in section 3(23) of the Federal Power Act (
)) with respect to the transmission facilities to which the election under this subsection applies, andCommentsClose CommentsPermalink 16 U.S.C. 796(23) ‘(B) an electric utility (as defined in section 3(22) of the Federal Power Act (
)).’.CommentsClose CommentsPermalink 16 U.S.C. 796(22)
(b) Extension of Period for Transfer of Operational Control Authorized by FERC- Clause (ii) of section 451(i)(4)(B) is amended by striking ‘December 31, 2007’ and inserting ‘the date which is 4 years after the close of the taxable year in which the transaction occurs’.CommentsClose CommentsPermalink
(c) Property Located Outside the United States Not Treated as Exempt Utility Property- Paragraph (5) of section 451(i) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(C) EXCEPTION FOR PROPERTY LOCATED OUTSIDE THE UNITED STATES- The term ‘exempt utility property’ shall not include any property which is located outside the United States.’.CommentsClose CommentsPermalink
(d) Effective Dates-CommentsClose CommentsPermalink
(1) EXTENSION- The amendments made by subsection (a) shall apply to transactions after December 31, 2007.CommentsClose CommentsPermalink
(2) TRANSFERS OF OPERATIONAL CONTROL- The amendment made by subsection (b) shall take effect as if included in section 909 of the American Jobs Creation Act of 2004.CommentsClose CommentsPermalink
(3) EXCEPTION FOR PROPERTY LOCATED OUTSIDE THE UNITED STATES- The amendment made by subsection (c) shall apply to transactions after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 806. NEW CLEAN RENEWABLE ENERGY BONDS.
(a) In General- Subpart I of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 54C. NEW CLEAN RENEWABLE ENERGY BONDS.
‘(a) New Clean Renewable Energy Bond- For purposes of this subpart, the term ‘new clean renewable energy bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink
‘(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by public power providers or cooperative electric companies for one or more qualified renewable energy facilities,CommentsClose CommentsPermalink
‘(2) the bond is issued by a qualified issuer, andCommentsClose CommentsPermalink
‘(3) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink
‘(b) Reduced Credit Amount- The annual credit determined under section 54A(b) with respect to any new clean renewable energy bond shall be 70 percent of the amount so determined without regard to this subsection.CommentsClose CommentsPermalink
‘(c) Limitation on Amount of Bonds Designated-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under this subsection to such issuer.CommentsClose CommentsPermalink
‘(2) NATIONAL LIMITATION ON AMOUNT OF BONDS DESIGNATED- There is a national new clean renewable energy bond limitation of $1,750,000,000 which shall be allocated by the Secretary as provided in paragraph (3), except that--CommentsClose CommentsPermalink
‘(A) not more than 33 1/3 percent thereof may be allocated to qualified projects of public power providers,CommentsClose CommentsPermalink
‘(B) not more than 33 1/3 percent thereof may be allocated to qualified projects of governmental bodies, andCommentsClose CommentsPermalink
‘(C) not more than 33 1/3 percent thereof may be allocated to qualified projects of cooperative electric companies.CommentsClose CommentsPermalink
‘(3) METHOD OF ALLOCATION-CommentsClose CommentsPermalink
‘(A) ALLOCATION AMONG PUBLIC POWER PROVIDERS- After the Secretary determines the qualified projects of public power providers which are appropriate for receiving an allocation of the national new clean renewable energy bond limitation, the Secretary shall, to the maximum extent practicable, make allocations among such projects in such manner that the amount allocated to each such project bears the same ratio to the cost of such project as the limitation under paragraph (2)(A) bears to the cost of all such projects.CommentsClose CommentsPermalink
‘(B) ALLOCATION AMONG GOVERNMENTAL BODIES AND COOPERATIVE ELECTRIC COMPANIES- The Secretary shall make allocations of the amount of the national new clean renewable energy bond limitation described in paragraphs (2)(B) and (2)(C) among qualified projects of governmental bodies and cooperative electric companies, respectively, in such manner as the Secretary determines appropriate.CommentsClose CommentsPermalink
‘(d) Definitions- For purposes of this section--CommentsClose CommentsPermalink
‘(1) QUALIFIED RENEWABLE ENERGY FACILITY- The term ‘qualified renewable energy facility’ means a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date) owned by a public power provider, a governmental body, or a cooperative electric company.CommentsClose CommentsPermalink
‘(2) PUBLIC POWER PROVIDER- The term ‘public power provider’ means a State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this paragraph).CommentsClose CommentsPermalink
‘(3) GOVERNMENTAL BODY- The term ‘governmental body’ means any State or Indian tribal government, or any political subdivision thereof.CommentsClose CommentsPermalink
‘(4) COOPERATIVE ELECTRIC COMPANY- The term ‘cooperative electric company’ means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C).CommentsClose CommentsPermalink
‘(5) CLEAN RENEWABLE ENERGY BOND LENDER- The term ‘clean renewable energy bond lender’ means a lender which is a cooperative which is owned by, or has outstanding loans to, 100 or more cooperative electric companies and is in existence on February 1, 2002, and shall include any affiliated entity which is controlled by such lender.CommentsClose CommentsPermalink
‘(6) QUALIFIED ISSUER- The term ‘qualified issuer’ means a public power provider, a cooperative electric company, a governmental body, a clean renewable energy bond lender, or a not-for-profit electric utility which has received a loan or loan guarantee under the Rural Electrification Act.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Paragraph (1) of section 54A(d) is amended to read as follows:CommentsClose CommentsPermalink
‘(1) QUALIFIED TAX CREDIT BOND- The term ‘qualified tax credit bond’ means--CommentsClose CommentsPermalink
‘(A) a qualified forestry conservation bond, orCommentsClose CommentsPermalink
‘(B) a new clean renewable energy bond,CommentsClose CommentsPermalink
which is part of an issue that meets requirements of paragraphs (2), (3), (4), (5), and (6).’.CommentsClose CommentsPermalink
(2) Subparagraph (C) of section 54A(d)(2) is amended to read as follows:CommentsClose CommentsPermalink
‘(C) QUALIFIED PURPOSE- For purposes of this paragraph, the term ‘qualified purpose’ means--CommentsClose CommentsPermalink
‘(i) in the case of a qualified forestry conservation bond, a purpose specified in section 54B(e), andCommentsClose CommentsPermalink
‘(ii) in the case of a new clean renewable energy bond, a purpose specified in section 54C(a)(1).’.CommentsClose CommentsPermalink
(3) The table of sections for subpart I of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 54C. New clean renewable energy bonds.’.CommentsClose CommentsPermalink
(c) Application of Certain Labor Standards on Projects Financed Under Tax Credit Bonds- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of any tax credit bond (as defined in section 54A of the Internal Revenue Code of 1986) other than qualified forestry conservation bonds (as defined in section 54B of such Code).CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink
PART 2--CARBON MITIGATION PROVISIONS
SEC. 811. EXPANSION AND MODIFICATION OF ADVANCED COAL PROJECT INVESTMENT CREDIT.
(a) Modification of Credit Amount- Section 48A(a) is amended by striking ‘and’ at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) 30 percent of the qualified investment for such taxable year in the case of projects described in clause (iii) of subsection (d)(3)(B).’.CommentsClose CommentsPermalink
(b) Expansion of Aggregate Credits- Section 48A(d)(3)(A) is amended by striking ‘$1,300,000,000’ and inserting ‘$2,250,000,000’.CommentsClose CommentsPermalink
(c) Authorization of Additional Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- Subparagraph (B) of section 48A(d)(3) is amended to read as follows:CommentsClose CommentsPermalink
‘(B) PARTICULAR PROJECTS- Of the dollar amount in subparagraph (A), the Secretary is authorized to certify--CommentsClose CommentsPermalink
‘(i) $800,000,000 for integrated gasification combined cycle projects the application for which is submitted during the period described in paragraph (2)(A)(i),CommentsClose CommentsPermalink
‘(ii) $500,000,000 for projects which use other advanced coal-based generation technologies the application for which is submitted during the period described in paragraph (2)(A)(i), andCommentsClose CommentsPermalink
‘(iii) $950,000,000 for advanced coal-based generation technology projects the application for which is submitted during the period described in paragraph (2)(A)(ii).’.CommentsClose CommentsPermalink
(2) APPLICATION PERIOD FOR ADDITIONAL PROJECTS- Subparagraph (A) of section 48A(d)(2) is amended to read as follows:CommentsClose CommentsPermalink
‘(A) APPLICATION PERIOD- Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application--CommentsClose CommentsPermalink
‘(i) for an allocation from the dollar amount specified in clause (i) or (ii) of paragraph (3)(B) during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1), andCommentsClose CommentsPermalink
‘(ii) for an allocation from the dollar amount specified in paragraph (3)(B)(iii) during the 3-year period beginning at the earlier of the termination of the period described in clause (i) or the date prescribed by the Secretary.’.CommentsClose CommentsPermalink
(3) CAPTURE AND SEQUESTRATION OF CARBON DIOXIDE EMISSIONS REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Section 48A(e)(1) is amended by striking ‘and’ at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ‘; and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(G) in the case of any project the application for which is submitted during the period described in subsection (d)(2)(A)(ii), the project includes equipment which separates and sequesters at least 65 percent (70 percent in the case of an application for reallocated credits under subsection (d)(4)) of such project’s total carbon dioxide emissions.’.CommentsClose CommentsPermalink
(B) HIGHEST PRIORITY FOR PROJECTS WHICH SEQUESTER CARBON DIOXIDE EMISSIONS- Section 48A(e)(3) is amended by striking ‘and’ at the end of subparagraph (A)(iii), by striking the period at the end of subparagraph (B)(iii) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(C) give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions.’.CommentsClose CommentsPermalink
(C) RECAPTURE OF CREDIT FOR FAILURE TO SEQUESTER- Section 48A is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(i) Recapture of Credit for Failure To Sequester- The Secretary shall provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any project which fails to attain or maintain the separation and sequestration requirements of subsection (e)(1)(G).’.CommentsClose CommentsPermalink
(4) ADDITIONAL PRIORITY FOR RESEARCH PARTNERSHIPS- Section 48A(e)(3)(B), as amended by paragraph (3)(B), is amended--CommentsClose CommentsPermalink
(A) by striking ‘and’ at the end of clause (ii),CommentsClose CommentsPermalink
(B) by redesignating clause (iii) as clause (iv), andCommentsClose CommentsPermalink
(C) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink
‘(iii) applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)), and’.CommentsClose CommentsPermalink
(5) CLERICAL AMENDMENT- Section 48A(e)(3) is amended by striking ‘INTEGRATED GASIFICATION COMBINED CYCLE’ in the heading and inserting ‘CERTAIN’.CommentsClose CommentsPermalink
(d) Disclosure of Allocations- Section 48A(d) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) DISCLOSURE OF ALLOCATIONS- The Secretary shall, upon making a certification under this subsection or section 48B(d), publicly disclose the identity of the applicant and the amount of the credit certified with respect to such applicant.’.CommentsClose CommentsPermalink
(e) Effective Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to credits the application for which is submitted during the period described in section 48A(d)(2)(A)(ii) of the Internal Revenue Code of 1986 and which are allocated or reallocated after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) DISCLOSURE OF ALLOCATIONS- The amendment made by subsection (d) shall apply to certifications made after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENT- The amendment made by subsection (c)(5) shall take effect as if included in the amendment made by section 1307(b) of the Energy Tax Incentives Act of 2005.CommentsClose CommentsPermalink
SEC. 812. EXPANSION AND MODIFICATION OF COAL GASIFICATION INVESTMENT CREDIT.
(a) Modification of Credit Amount- Section 48B(a) is amended by inserting ‘(30 percent in the case of credits allocated under subsection (d)(1)(B))’ after ‘20 percent’.CommentsClose CommentsPermalink
(b) Expansion of Aggregate Credits- Section 48B(d)(1) is amended by striking ‘shall not exceed $350,000,000’ and all that follows and inserting ‘shall not exceed--CommentsClose CommentsPermalink
‘(A) $350,000,000, plusCommentsClose CommentsPermalink
‘(B) $150,000,000 for qualifying gasification projects that include equipment which separates and sequesters at least 75 percent of such project’s total carbon dioxide emissions.’.CommentsClose CommentsPermalink
(c) Recapture of Credit for Failure To Sequester- Section 48B is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(f) Recapture of Credit for Failure To Sequester- The Secretary shall provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any project which fails to attain or maintain the separation and sequestration requirements for such project under subsection (d)(1).’.CommentsClose CommentsPermalink
(d) Selection Priorities- Section 48B(d) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) SELECTION PRIORITIES- In determining which qualifying gasification projects to certify under this section, the Secretary shall--CommentsClose CommentsPermalink
‘(A) give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions, andCommentsClose CommentsPermalink
‘(B) give high priority to applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)).’.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall apply to credits described in section 48B(d)(1)(B) of the Internal Revenue Code of 1986 which are allocated or reallocated after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 813. TEMPORARY INCREASE IN COAL EXCISE TAX.
Paragraph (2) of section 4121(e) is amended--CommentsClose CommentsPermalink
(1) by striking ‘January 1, 2014’ in subparagraph (A) and inserting ‘December 31, 2018’, andCommentsClose CommentsPermalink
(2) by striking ‘January 1 after 1981’ in subparagraph (B) and inserting ‘December 31 after 2007’.CommentsClose CommentsPermalink
SEC. 814. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO CERTAIN COAL PRODUCERS AND EXPORTERS.
(a) Refund-CommentsClose CommentsPermalink
(1) COAL PRODUCERS-CommentsClose CommentsPermalink
(A) IN GENERAL- Notwithstanding subsections (a)(1) and (c) of section 6416 and section 6511 of the Internal Revenue Code of 1986, if--CommentsClose CommentsPermalink
(i) a coal producer establishes that such coal producer, or a party related to such coal producer, exported coal produced by such coal producer to a foreign country or shipped coal produced by such coal producer to a possession of the United States, or caused such coal to be exported or shipped, the export or shipment of which was other than through an exporter who meets the requirements of paragraph (2),CommentsClose CommentsPermalink
(ii) such coal producer filed an excise tax return on or after October 1, 1990, and on or before the date of the enactment of this Act, andCommentsClose CommentsPermalink
(iii) such coal producer files a claim for refund with the Secretary not later than the close of the 30-day period beginning on the date of the enactment of this Act,CommentsClose CommentsPermalink
then the Secretary shall pay to such coal producer an amount equal to the tax paid under section 4121 of such Code on such coal exported or shipped by the coal producer or a party related to such coal producer, or caused by the coal producer or a party related to such coal producer to be exported or shipped.CommentsClose CommentsPermalink
(B) SPECIAL RULES FOR CERTAIN TAXPAYERS- For purposes of this section--CommentsClose CommentsPermalink
(i) IN GENERAL- If a coal producer or a party related to a coal producer has received a judgment described in clause (iii), such coal producer shall be deemed to have established the export of coal to a foreign country or shipment of coal to a possession of the United States under subparagraph (A)(i).CommentsClose CommentsPermalink
(ii) AMOUNT OF PAYMENT- If a taxpayer described in clause (i) is entitled to a payment under subparagraph (A), the amount of such payment shall be reduced by any amount paid pursuant to the judgment described in clause (iii).CommentsClose CommentsPermalink
(iii) JUDGMENT DESCRIBED- A judgment is described in this subparagraph if such judgment--CommentsClose CommentsPermalink
(I) is made by a court of competent jurisdiction within the United States,CommentsClose CommentsPermalink
(II) relates to the constitutionality of any tax paid on exported coal under section 4121 of the Internal Revenue Code of 1986, andCommentsClose CommentsPermalink
(III) is in favor of the coal producer or the party related to the coal producer.CommentsClose CommentsPermalink
(2) EXPORTERS- Notwithstanding subsections (a)(1) and (c) of section 6416 and section 6511 of the Internal Revenue Code of 1986, and a judgment described in paragraph (1)(B)(iii) of this subsection, if--CommentsClose CommentsPermalink
(A) an exporter establishes that such exporter exported coal to a foreign country or shipped coal to a possession of the United States, or caused such coal to be so exported or shipped,CommentsClose CommentsPermalink
(B) such exporter filed a tax return on or after October 1, 1990, and on or before the date of the enactment of this Act, andCommentsClose CommentsPermalink
(C) such exporter files a claim for refund with the Secretary not later than the close of the 30-day period beginning on the date of the enactment of this Act,CommentsClose CommentsPermalink
then the Secretary shall pay to such exporter an amount equal to $0.825 per ton of such coal exported by the exporter or caused to be exported or shipped, or caused to be exported or shipped, by the exporter.CommentsClose CommentsPermalink
(b) Limitations- Subsection (a) shall not apply with respect to exported coal if a settlement with the Federal Government has been made with and accepted by, the coal producer, a party related to such coal producer, or the exporter, of such coal, as of the date that the claim is filed under this section with respect to such exported coal. For purposes of this subsection, the term ‘settlement with the Federal Government’ shall not include any settlement or stipulation entered into as of the date of the enactment of this Act, the terms of which contemplate a judgment concerning which any party has reserved the right to file an appeal, or has filed an appeal.CommentsClose CommentsPermalink
(c) Subsequent Refund Prohibited- No refund shall be made under this section to the extent that a credit or refund of such tax on such exported or shipped coal has been paid to any person.CommentsClose CommentsPermalink
(d) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) COAL PRODUCER- The term ‘coal producer’ means the person in whom is vested ownership of the coal immediately after the coal is severed from the ground, without regard to the existence of any contractual arrangement for the sale or other disposition of the coal or the payment of any royalties between the producer and third parties. The term includes any person who extracts coal from coal waste refuse piles or from the silt waste product which results from the wet washing (or similar processing) of coal.CommentsClose CommentsPermalink
(2) EXPORTER- The term ‘exporter’ means a person, other than a coal producer, who does not have a contract, fee arrangement, or any other agreement with a producer or seller of such coal to export or ship such coal to a third party on behalf of the producer or seller of such coal and--CommentsClose CommentsPermalink
(A) is indicated in the shipper’s export declaration or other documentation as the exporter of record, orCommentsClose CommentsPermalink
(B) actually exported such coal to a foreign country or shipped such coal to a possession of the United States, or caused such coal to be so exported or shipped.CommentsClose CommentsPermalink
(3) RELATED PARTY- The term ‘a party related to such coal producer’ means a person who--CommentsClose CommentsPermalink
(A) is related to such coal producer through any degree of common management, stock ownership, or voting control,CommentsClose CommentsPermalink
(B) is related (within the meaning of section 144(a)(3) of the Internal Revenue Code of 1986) to such coal producer, orCommentsClose CommentsPermalink
(C) has a contract, fee arrangement, or any other agreement with such coal producer to sell such coal to a third party on behalf of such coal producer.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of Treasury or the Secretary’s designee.CommentsClose CommentsPermalink
(e) Timing of Refund- With respect to any claim for refund filed pursuant to this section, the Secretary shall determine whether the requirements of this section are met not later than 180 days after such claim is filed. If the Secretary determines that the requirements of this section are met, the claim for refund shall be paid not later than 180 days after the Secretary makes such determination.CommentsClose CommentsPermalink
(f) Interest- Any refund paid pursuant to this section shall be paid by the Secretary with interest from the date of overpayment determined by using the overpayment rate and method under section 6621 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(g) Denial of Double Benefit- The payment under subsection (a) with respect to any coal shall not exceed--CommentsClose CommentsPermalink
(1) in the case of a payment to a coal producer, the amount of tax paid under section 4121 of the Internal Revenue Code of 1986 with respect to such coal by such coal producer or a party related to such coal producer, andCommentsClose CommentsPermalink
(2) in the case of a payment to an exporter, an amount equal to $0.825 per ton with respect to such coal exported by the exporter or caused to be exported by the exporter.CommentsClose CommentsPermalink
(h) Application of Section- This section applies only to claims on coal exported or shipped on or after October 1, 1990, through the date of the enactment of this Act.CommentsClose CommentsPermalink
(i) Standing Not Conferred-CommentsClose CommentsPermalink
(1) EXPORTERS- With respect to exporters, this section shall not confer standing upon an exporter to commence, or intervene in, any judicial or administrative proceeding concerning a claim for refund by a coal producer of any Federal or State tax, fee, or royalty paid by the coal producer.CommentsClose CommentsPermalink
(2) COAL PRODUCERS- With respect to coal producers, this section shall not confer standing upon a coal producer to commence, or intervene in, any judicial or administrative proceeding concerning a claim for refund by an exporter of any Federal or State tax, fee, or royalty paid by the producer and alleged to have been passed on to an exporter.CommentsClose CommentsPermalink
SEC. 815. CARBON AUDIT OF THE TAX CODE.
(a) Study- The Secretary of the Treasury shall enter into an agreement with the National Academy of Sciences to undertake a comprehensive review of the Internal Revenue Code of 1986 to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects.CommentsClose CommentsPermalink
(b) Report- Not later than 2 years after the date of enactment of this Act, the National Academy of Sciences shall submit to Congress a report containing the results of study authorized under this section.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,500,000 for the period of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
Subtitle B--Transportation and Domestic Fuel Security ProvisionsCommentsClose CommentsPermalink
SEC. 821. INCLUSION OF CELLULOSIC BIOFUEL IN BONUS DEPRECIATION FOR BIOMASS ETHANOL PLANT PROPERTY.
(a) In General- Paragraph (3) of section 168(l) is amended to read as follows:CommentsClose CommentsPermalink
‘(3) CELLULOSIC BIOFUEL- The term ‘cellulosic biofuel’ means any liquid fuel which is produced from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis.’.CommentsClose CommentsPermalink
(b) Conforming Amendments- Subsection (l) of section 168 is amended--CommentsClose CommentsPermalink
(1) by striking ‘cellulosic biomass ethanol’ each place it appears and inserting ‘cellulosic biofuel’,CommentsClose CommentsPermalink
(2) by striking ‘Cellulosic Biomass Ethanol’ in the heading of such subsection and inserting ‘Cellulosic Biofuel’, andCommentsClose CommentsPermalink
(3) by striking ‘CELLULOSIC BIOMASS ETHANOL’ in the heading of paragraph (2) thereof and inserting ‘CELLULOSIC BIOFUEL’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
SEC. 822. CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.
(a) In General- Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) are each amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink
(b) Increase in Rate of Credit-CommentsClose CommentsPermalink
(1) INCOME TAX CREDIT- Paragraphs (1)(A) and (2)(A) of section 40A(b) are each amended by striking ‘50 cents’ and inserting ‘$1.00’.CommentsClose CommentsPermalink
(2) EXCISE TAX CREDIT- Paragraph (2) of section 6426(c) is amended to read as follows:CommentsClose CommentsPermalink
‘(2) APPLICABLE AMOUNT- For purposes of this subsection, the applicable amount is $1.00.’.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Subsection (b) of section 40A is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.CommentsClose CommentsPermalink
(B) Paragraph (2) of section 40A(f) is amended to read as follows:CommentsClose CommentsPermalink
‘(2) EXCEPTION- Subsection (b)(4) shall not apply with respect to renewable diesel.’.CommentsClose CommentsPermalink
(C) Paragraphs (2) and (3) of section 40A(e) are each amended by striking ‘subsection (b)(5)(C)’ and inserting ‘subsection (b)(4)(C)’.CommentsClose CommentsPermalink
(D) Clause (ii) of section 40A(d)(3)(C) is amended by striking ‘subsection (b)(5)(B)’ and inserting ‘subsection (b)(4)(B)’.CommentsClose CommentsPermalink
(c) Uniform Treatment of Diesel Produced From Biomass- Paragraph (3) of section 40A(f) is amended--CommentsClose CommentsPermalink
(1) by striking ‘diesel fuel’ and inserting ‘liquid fuel’,CommentsClose CommentsPermalink
(2) by striking ‘using a thermal depolymerization process’, andCommentsClose CommentsPermalink
(3) by striking ‘or D396’ in subparagraph (B) and inserting ‘, D396, or other equivalent standard approved by the Secretary’.CommentsClose CommentsPermalink
(d) Coproduction of Renewable Diesel With Petroleum Feedstock-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (3) of section 40A(f) (defining renewable diesel) is amended by adding at the end the following flush sentence:CommentsClose CommentsPermalink
‘Such term does not include any fuel derived from coprocessing biomass with a feedstock which is not biomass. For purposes of this paragraph, the term ‘biomass’ has the meaning given such term by section 45K(c)(3).’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (3) of section 40A(f) is amended by striking ‘(as defined in section 45K(c)(3))’.CommentsClose CommentsPermalink
(e) Eligibility of Certain Aviation Fuel- Subsection (f) of section 40A (relating to renewable diesel) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) CERTAIN AVIATION FUEL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in the last three sentences of paragraph (3), the term ‘renewable diesel’ shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel.CommentsClose CommentsPermalink
‘(B) APPLICATION OF MIXTURE CREDITS- In the case of fuel which is treated as renewable diesel solely by reason of subparagraph (A), subsection (b)(1) and section 6426(c) shall be applied with respect to such fuel by treating kerosene as though it were diesel fuel.’.CommentsClose CommentsPermalink
(f) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2008.CommentsClose CommentsPermalink
(2) COPRODUCTION OF RENEWABLE DIESEL WITH PETROLEUM FEEDSTOCK- The amendments made by subsection (c) shall apply to fuel produced, and sold or used, after February 13, 2008.CommentsClose CommentsPermalink
SEC. 823. CLARIFICATION THAT CREDITS FOR FUEL ARE DESIGNED TO PROVIDE AN INCENTIVE FOR UNITED STATES PRODUCTION.
(a) Alcohol Fuels Credit- Subsection (d) of section 40 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(7) LIMITATION TO ALCOHOL WITH CONNECTION TO THE UNITED STATES- No credit shall be determined under this section with respect to any alcohol which is produced outside the United States for use as a fuel outside the United States. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States.’.CommentsClose CommentsPermalink
(b) Biodiesel Fuels Credit- Subsection (d) of section 40A is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) LIMITATION TO BIODIESEL WITH CONNECTION TO THE UNITED STATES- No credit shall be determined under this section with respect to any biodiesel which is produced outside the United States for use as a fuel outside the United States. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States.’.CommentsClose CommentsPermalink
(c) Excise Tax Credit-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 6426 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(i) Limitation to Fuels With Connection to the United States-CommentsClose CommentsPermalink
‘(1) ALCOHOL- No credit shall be determined under this section with respect to any alcohol which is produced outside the United States for use as a fuel outside the United States.CommentsClose CommentsPermalink
‘(2) BIODIESEL AND ALTERNATIVE FUELS- No credit shall be determined under this section with respect to any biodiesel or alternative fuel which is produced outside the United States for use as a fuel outside the United States.CommentsClose CommentsPermalink
For purposes of this subsection, the term ‘United States’ includes any possession of the United States.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Subsection (e) of section 6427 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) LIMITATION TO FUELS WITH CONNECTION TO THE UNITED STATES- No amount shall be payable under paragraph (1) or (2) with respect to any mixture or alternative fuel if credit is not allowed with respect to such mixture or alternative fuel by reason of section 6426(i).’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to claims for credit or payment made on or after May 15, 2008.CommentsClose CommentsPermalink
SEC. 824. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
(a) In General- Section 30 is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 30. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
‘(a) Allowance of Credit- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink
‘(b) Per Vehicle Dollar Limitation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The amount determined under this subsection with respect to any new qualified plug-in electric drive motor vehicle is the sum of the amounts determined under paragraphs (2) and (3) with respect to such vehicle.CommentsClose CommentsPermalink
‘(2) BASE AMOUNT- The amount determined under this paragraph is $3,000.CommentsClose CommentsPermalink
‘(3) BATTERY CAPACITY- In the case of a vehicle which draws propulsion energy from a battery with not less than 5 kilowatt hours of capacity, the amount determined under this paragraph is $200, plus $200 for each kilowatt hour of capacity in excess of 5 kilowatt hours. The amount determined under this paragraph shall not exceed $2,000.CommentsClose CommentsPermalink
‘(c) Application With Other Credits-CommentsClose CommentsPermalink
‘(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).CommentsClose CommentsPermalink
‘(2) PERSONAL CREDIT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.CommentsClose CommentsPermalink
‘(B) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of--CommentsClose CommentsPermalink
‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink
‘(ii) the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year.CommentsClose CommentsPermalink
‘(d) New Qualified Plug-In Electric Drive Motor Vehicle- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘new qualified plug-in electric drive motor vehicle’ means a motor vehicle--CommentsClose CommentsPermalink
‘(A) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink
‘(B) which is acquired for use or lease by the taxpayer and not for resale,CommentsClose CommentsPermalink
‘(C) which is made by a manufacturer,CommentsClose CommentsPermalink
‘(D) which has a gross vehicle weight rating of less than 14,000 pounds,CommentsClose CommentsPermalink
‘(E) which has received a certificate of conformity under the Clean Air Act and meets or exceeds the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, andCommentsClose CommentsPermalink
‘(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--CommentsClose CommentsPermalink
‘(i) has a capacity of not less than 4 kilowatt hours, andCommentsClose CommentsPermalink
‘(ii) is capable of being recharged from an external source of electricity.CommentsClose CommentsPermalink
‘(2) EXCEPTION- The term ‘new qualified plug-in electric drive motor vehicle’ shall not include any vehicle which is not a passenger automobile or light truck if such vehicle has a gross vehicle weight rating of less than 8,500 pounds.CommentsClose CommentsPermalink
‘(3) MOTOR VEHICLE- The term ‘motor vehicle’ means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.CommentsClose CommentsPermalink
‘(4) OTHER TERMS- The terms ‘passenger automobile’, ‘light truck’, and ‘manufacturer’ have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (
et seq.).CommentsClose CommentsPermalink 42 U.S.C. 7521 ‘(5) BATTERY CAPACITY- The term ‘capacity’ means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge.CommentsClose CommentsPermalink
‘(e) Limitation on Number of New Qualified Plug-In Electric Drive Motor Vehicles Eligible for Credit-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In the case of a new qualified plug-in electric drive motor vehicle sold during the phaseout period, only the applicable percentage of the credit otherwise allowable under subsection (a) shall be allowed.CommentsClose CommentsPermalink
‘(2) PHASEOUT PERIOD- For purposes of this subsection, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph (1) sold for use in the United States after the date of the enactment of this section, is at least 60,000.CommentsClose CommentsPermalink
‘(3) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--CommentsClose CommentsPermalink
‘(A) 50 percent for the first 2 calendar quarters of the phaseout period,CommentsClose CommentsPermalink
‘(B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, andCommentsClose CommentsPermalink
‘(C) 0 percent for each calendar quarter thereafter.CommentsClose CommentsPermalink
‘(4) CONTROLLED GROUPS- Rules similar to the rules of section 30B(f)(4) shall apply for purposes of this subsection.CommentsClose CommentsPermalink
‘(f) Special Rules-CommentsClose CommentsPermalink
‘(1) BASIS REDUCTION- The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (c)).CommentsClose CommentsPermalink
‘(2) RECAPTURE- The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.CommentsClose CommentsPermalink
‘(3) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179.CommentsClose CommentsPermalink
‘(4) ELECTION NOT TO TAKE CREDIT- No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.CommentsClose CommentsPermalink
‘(5) PROPERTY USED BY TAX-EXEMPT ENTITY; INTERACTION WITH AIR QUALITY AND MOTOR VEHICLE SAFETY STANDARDS- Rules similar to the rules of paragraphs (6) and (10) of section 30B(h) shall apply for purposes of this section.’.CommentsClose CommentsPermalink
(b) Coordination With Alternative Motor Vehicle Credit- Section 30B(d)(3) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) EXCLUSION OF PLUG-IN VEHICLES- Any vehicle with respect to which a credit is allowable under section 30 (determined without regard to subsection (c) thereof) shall not be taken into account under this section.’.CommentsClose CommentsPermalink
(c) Credit Made Part of General Business Credit- Section 38(b) is amended by striking ‘plus’ at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ‘, plus’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(34) the portion of the new qualified plug-in electric drive motor vehicle credit to which section 30(c)(1) applies.’.CommentsClose CommentsPermalink
(d) Conforming Amendments-CommentsClose CommentsPermalink
(1)(A) Section 24(b)(3)(B), as amended by section 804, is amended by striking ‘and 25D’ and inserting ‘25D, and 30’.CommentsClose CommentsPermalink
(B) Section 25(e)(1)(C)(ii) is amended by inserting ‘30,’ after ‘25D,’.CommentsClose CommentsPermalink
(C) Section 25B(g)(2), as amended by section 804, is amended by striking ‘and 25D’ and inserting ‘, 25D, and 30’.CommentsClose CommentsPermalink
(D) Section 26(a)(1), as amended by section 804, is amended by striking ‘and 25D’ and inserting ‘25D, and 30’.CommentsClose CommentsPermalink
(E) Section 1400C(d)(2) is amended by striking ‘and 25D’ and inserting ‘25D, and 30’.CommentsClose CommentsPermalink
(2) Section 30B(h)(1) is amended by striking ‘section 30(c)(2)’ and inserting ‘section 30(d)(3)’.CommentsClose CommentsPermalink
(3)(A) Section 53(d)(1)(B) is amended by striking clause (iii) and redesignating clause (iv) as clause (iii).CommentsClose CommentsPermalink
(B) Subclause (II) of section 53(d)(1)(B)(iii), as so redesignated, is amended by striking ‘increased in the manner provided in clause (iii)’.CommentsClose CommentsPermalink
(4) Section 55(c)(3) is amended by striking ‘30(b)(3),’.CommentsClose CommentsPermalink
(5) Section 1016(a)(25) is amended by striking ‘section 30(d)(1)’ and inserting ‘section 30(f)(1)’.CommentsClose CommentsPermalink
(6) Section 6501(m) is amended by striking ‘section 30(d)(4)’ and inserting ‘section 30(f)(4)’.CommentsClose CommentsPermalink
(7) The item in the table of sections for subpart B of part IV of subchapter A of chapter 1 is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 30. New qualified plug-in electric drive motor vehicles.’.CommentsClose CommentsPermalink
(e) Treatment of Alternative Motor Vehicle Credit as a Personal Credit-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (2) of section 30B(g) is amended to read as follows:CommentsClose CommentsPermalink
‘(2) PERSONAL CREDIT- The credit allowed under subsection (a) for any taxable year (after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Subparagraph (A) of section 30C(d)(2) is amended by striking ‘sections 27, 30, and 30B’ and inserting ‘section 27’.CommentsClose CommentsPermalink
(B) Paragraph (3) of section 55(c) is amended by striking ‘30B(g)(2),’.CommentsClose CommentsPermalink
(f) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink
(2) TREATMENT OF ALTERNATIVE MOTOR VEHICLE CREDIT AS PERSONAL CREDIT- The amendments made by subsection (e) shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink
(g) Application of EGTRRA Sunset- The amendment made by subsection (d)(1)(A) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.CommentsClose CommentsPermalink
SEC. 825. EXCLUSION FROM HEAVY TRUCK TAX FOR IDLING REDUCTION UNITS AND ADVANCED INSULATION.
(a) In General- Section 4053 is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(9) IDLING REDUCTION DEVICE- Any device or system of devices which--CommentsClose CommentsPermalink
‘(A) is designed to provide to a vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary using one or more devices affixed to a tractor, andCommentsClose CommentsPermalink
‘(B) is determined by the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy and the Secretary of Transportation, to reduce idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary.CommentsClose CommentsPermalink
‘(10) ADVANCED INSULATION- Any insulation that has an R value of not less than R35 per inch.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to sales or installations after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 826. RESTRUCTURING OF NEW YORK LIBERTY ZONE TAX CREDITS.
(a) In General- Part I of subchapter Y of chapter 1 is amended by redesignating section 1400L as section 1400K and by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 1400L. NEW YORK LIBERTY ZONE TAX CREDITS.
‘(a) In General- In the case of a New York Liberty Zone governmental unit, there shall be allowed as a credit against any taxes imposed for any payroll period by section 3402 for which such governmental unit is liable under section 3403 an amount equal to so much of the portion of the qualifying project expenditure amount allocated under subsection (b)(3) to such governmental unit for the calendar year as is allocated by such governmental unit to such period under subsection (b)(4).CommentsClose CommentsPermalink
‘(b) Qualifying Project Expenditure Amount- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘qualifying project expenditure amount’ means, with respect to any calendar year, the sum of--CommentsClose CommentsPermalink
‘(A) the total expenditures paid or incurred during such calendar year by all New York Liberty Zone governmental units and the Port Authority of New York and New Jersey for any portion of qualifying projects located wholly within the City of New York, New York, andCommentsClose CommentsPermalink
‘(B) any such expenditures--CommentsClose CommentsPermalink
‘(i) paid or incurred in any preceding calendar year which begins after the date of enactment of this section, andCommentsClose CommentsPermalink
‘(ii) not previously allocated under paragraph (3).CommentsClose CommentsPermalink
‘(2) QUALIFYING PROJECT- The term ‘qualifying project’ means any transportation infrastructure project, including highways, mass transit systems, railroads, airports, ports, and waterways, in or connecting with the New York Liberty Zone (as defined in section 1400K(h)), which is designated as a qualifying project under this section jointly by the Governor of the State of New York and the Mayor of the City of New York, New York.CommentsClose CommentsPermalink
‘(3) GENERAL ALLOCATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Governor of the State of New York and the Mayor of the City of New York, New York, shall jointly allocate to each New York Liberty Zone governmental unit the portion of the qualifying project expenditure amount which may be taken into account by such governmental unit under subsection (a) for any calendar year in the credit period.CommentsClose CommentsPermalink
‘(B) AGGREGATE LIMIT- The aggregate amount which may be allocated under subparagraph (A) for all calendar years in the credit period shall not exceed $2,000,000,000.CommentsClose CommentsPermalink
‘(C) ANNUAL LIMIT- The aggregate amount which may be allocated under subparagraph (A) for any calendar year in the credit period shall not exceed the sum of--CommentsClose CommentsPermalink
‘(i) $115,000,000 ($425,000,000 in the case of the last 2 years in the credit period), plusCommentsClose CommentsPermalink
‘(ii) the aggregate amount authorized to be allocated under this paragraph for all preceding calendar years in the credit period which was not so allocated.CommentsClose CommentsPermalink
‘(D) UNALLOCATED AMOUNTS AT END OF CREDIT PERIOD- If, as of the close of the credit period, the amount under subparagraph (B) exceeds the aggregate amount allocated under subparagraph (A) for all calendar years in the credit period, the Governor of the State of New York and the Mayor of the City of New York, New York, may jointly allocate to New York Liberty Zone governmental units for any calendar year in the 5-year period following the credit period an amount equal to--CommentsClose CommentsPermalink
‘(i) the lesser of--CommentsClose CommentsPermalink
‘(I) such excess, orCommentsClose CommentsPermalink
‘(II) the qualifying project expenditure amount for such calendar year, reduced byCommentsClose CommentsPermalink
‘(ii) the aggregate amount allocated under this subparagraph for all preceding calendar years.CommentsClose CommentsPermalink
‘(4) ALLOCATION TO PAYROLL PERIODS- Each New York Liberty Zone governmental unit which has been allocated a portion of the qualifying project expenditure amount under paragraph (3) for a calendar year may allocate such portion to payroll periods beginning in such calendar year as such governmental unit determines appropriate.CommentsClose CommentsPermalink
‘(c) Carryover of Unused Allocations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), if the amount allocated under subsection (b)(3) to a New York Liberty Zone governmental unit for any calendar year exceeds the aggregate taxes imposed by section 3402 for which such governmental unit is liable under section 3403 for periods beginning in such year, such excess shall be carried to the succeeding calendar year and added to the allocation of such governmental unit for such succeeding calendar year.CommentsClose CommentsPermalink
‘(2) REALLOCATION- If a New York Liberty Zone governmental unit does not use an amount allocated to it under subsection (b)(3) within the time prescribed by the Governor of the State of New York and the Mayor of the City of New York, New York, then such amount shall after such time be treated for purposes of subsection (b)(3) in the same manner as if it had never been allocated.CommentsClose CommentsPermalink
‘(d) Definitions and Special Rules- For purposes of this section--CommentsClose CommentsPermalink
‘(1) CREDIT PERIOD- The term ‘credit period’ means the 12-year period beginning on January 1, 2009.CommentsClose CommentsPermalink
‘(2) NEW YORK LIBERTY ZONE GOVERNMENTAL UNIT- The term ‘New York Liberty Zone governmental unit’ means--CommentsClose CommentsPermalink
‘(A) the State of New York,CommentsClose CommentsPermalink
‘(B) the City of New York, New York, andCommentsClose CommentsPermalink
‘(C) any agency or instrumentality of such State or City.CommentsClose CommentsPermalink
‘(3) TREATMENT OF FUNDS- Any expenditure for a qualifying project taken into account for purposes of the credit under this section shall be considered State and local funds for the purpose of any Federal program.CommentsClose CommentsPermalink
‘(4) TREATMENT OF CREDIT AMOUNTS FOR PURPOSES OF WITHHOLDING TAXES- For purposes of this title, a New York Liberty Zone governmental unit shall be treated as having paid to the Secretary, on the day on which wages are paid to employees, an amount equal to the amount of the credit allowed to such entity under subsection (a) with respect to such wages, but only if such governmental unit deducts and withholds wages for such payroll period under section 3401 (relating to wage withholding).CommentsClose CommentsPermalink
‘(e) Reporting- The Governor of the State of New York and the Mayor of the City of New York, New York, shall jointly submit to the Secretary an annual report--CommentsClose CommentsPermalink
‘(1) which certifies--CommentsClose CommentsPermalink
‘(A) the qualifying project expenditure amount for the calendar year, andCommentsClose CommentsPermalink
‘(B) the amount allocated to each New York Liberty Zone governmental unit under subsection (b)(3) for the calendar year, andCommentsClose CommentsPermalink
‘(2) includes such other information as the Secretary may require to carry out this section.CommentsClose CommentsPermalink
‘(f) Guidance- The Secretary may prescribe such guidance as may be necessary or appropriate to ensure compliance with the purposes of this section.’.CommentsClose CommentsPermalink
(b) Termination of Special Allowance and Expensing- Subparagraph (A) of section 1400K(b)(2), as redesignated by subsection (a), is amended by striking the parenthetical therein and inserting ‘(in the case of nonresidential real property and residential rental property, the date of the enactment of the Energy Tax Incentives Act of 2008 or, if acquired pursuant to a binding contract in effect on such enactment date, December 31, 2009)’.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 38(c)(3)(B) is amended by striking ‘section 1400L(a)’ and inserting ‘section 1400K(a)’.CommentsClose CommentsPermalink
(2) Section 168(k)(2)(D)(ii) is amended by striking ‘section 1400L(c)(2)’ and inserting ‘section 1400K(c)(2)’.CommentsClose CommentsPermalink
(3) The table of sections for part I of subchapter Y of chapter 1 is amended by redesignating the item relating to section 1400L as an item relating to section 1400K and by inserting after such item the following new item:CommentsClose CommentsPermalink
‘Sec. 1400L. New York Liberty Zone tax credits.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 827. TRANSPORTATION FRINGE BENEFIT TO BICYCLE COMMUTERS.
(a) In General- Paragraph (1) of section 132(f) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(D) Any qualified bicycle commuting reimbursement.’.CommentsClose CommentsPermalink
(b) Limitation on Exclusion- Paragraph (2) of section 132(f) is amended by striking ‘and’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(C) the applicable annual limitation in the case of any qualified bicycle commuting reimbursement.’.CommentsClose CommentsPermalink
(c) Definitions- Paragraph (5) of section 132(f) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(F) DEFINITIONS RELATED TO BICYCLE COMMUTING REIMBURSEMENT-CommentsClose CommentsPermalink
‘(i) QUALIFIED BICYCLE COMMUTING REIMBURSEMENT- The term ‘qualified bicycle commuting reimbursement’ means, with respect to any calendar year, any employer reimbursement during the 15-month period beginning with the first day of such calendar year for reasonable expenses incurred by the employee during such calendar year for the purchase of a bicycle and bicycle improvements, repair, and storage, if such bicycle is regularly used for travel between the employee’s residence and place of employment.CommentsClose CommentsPermalink
‘(ii) APPLICABLE ANNUAL LIMITATION- The term ‘applicable annual limitation’ means, with respect to any employee for any calendar year, the product of $20 multiplied by the number of qualified bicycle commuting months during such year.CommentsClose CommentsPermalink
‘(iii) QUALIFIED BICYCLE COMMUTING MONTH- The term ‘qualified bicycle commuting month’ means, with respect to any employee, any month during which such employee--CommentsClose CommentsPermalink
‘(I) regularly uses the bicycle for a substantial portion of the travel between the employee’s residence and place of employment, andCommentsClose CommentsPermalink
‘(II) does not receive any benefit described in subparagraph (A), (B), or (C) of paragraph (1).’.CommentsClose CommentsPermalink
(d) Constructive Receipt of Benefit- Paragraph (4) of section 132(f) is amended by inserting ‘(other than a qualified bicycle commuting reimbursement)’ after ‘qualified transportation fringe’.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink
SEC. 828. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.
(a) Increase in Credit Amount- Section 30C is amended--CommentsClose CommentsPermalink
(1) by striking ‘30 percent’ in subsection (a) and inserting ‘50 percent’,CommentsClose CommentsPermalink
(2) by striking ‘$30,000’ in subsection (b)(1) and inserting ‘$50,000’, andCommentsClose CommentsPermalink
(3) by striking ‘$1,000’ in subsection (b)(2) and inserting ‘$2,000’.CommentsClose CommentsPermalink
(b) Extension of Credit- Subsection (g) of section 30C is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3) and inserting before paragraph (2) (as so redesignated) the following new paragraph:CommentsClose CommentsPermalink
‘(1) in the case of property relating to natural gas, compressed natural gas, or liquified natural gas, and which is not of a character subject to an allowance for depreciation, December 31, 2017,’, andCommentsClose CommentsPermalink
(2) by striking ‘December 31, 2009’ in paragraph (3) (as so redesignated) and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
SEC. 829. ENERGY SECURITY BONDS.
(a) In General- Subpart I of part IV of subchapter A of chapter 1, as amended by sections 806 and 841, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 54E. ENERGY SECURITY BONDS.
‘(a) Energy Security Bond- For purposes of this subchapter, the term ‘energy security bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink
‘(1) 100 percent of the available project proceeds of such issue are to be used for qualified purposes,CommentsClose CommentsPermalink
‘(2) the bond is issued by a qualified issuer,CommentsClose CommentsPermalink
‘(3) the issuer designates such bond for purposes of this section, andCommentsClose CommentsPermalink
‘(4) repayments of principal and applicable interest on financing provided by the issue are used not later than the close of the 3-month period beginning on the date the repayment (or complete repayment) is received--CommentsClose CommentsPermalink
‘(A) to redeem bonds which are part of the issue, orCommentsClose CommentsPermalink
‘(B) for any qualified purpose.CommentsClose CommentsPermalink
For purposes of paragraph (4), the term ‘applicable interest’ means so much of the interest on any loan as exceeds the amount payable at a 1 percent rate.CommentsClose CommentsPermalink
‘(b) Qualified Purpose- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘qualified purpose’ means the making of grants and low-interest loans for the purpose of placing in service natural gas refueling property at retail motor fuel stations located in the United States.CommentsClose CommentsPermalink
‘(2) LIMITATION ON LOANS- Such term shall not include--CommentsClose CommentsPermalink
‘(A) any loan of more than $200,000 for property located at any one retail motor fuel station, andCommentsClose CommentsPermalink
‘(B) any loan for more than 50 percent of the cost of such property and its installation.CommentsClose CommentsPermalink
‘(3) NATURAL GAS REFUELING PROPERTY- The term ‘natural gas refueling property’ means qualified clean-fuel refueling property (as defined in section 179A(d)) which is described in section 179A(d)(3) with respect to natural gas fuel.CommentsClose CommentsPermalink
‘(4) LOW-INTEREST LOAN- The term ‘low-interest loan’ means any loan the rate of interest on which does not exceed the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan.CommentsClose CommentsPermalink
‘(c) Limitation on Amount of Bonds Designated- The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (e).CommentsClose CommentsPermalink
‘(d) National Limitation on Amount of Bonds Designated- There is a national energy security bond limitation of $1,750,000,000.CommentsClose CommentsPermalink
‘(e) Allocation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall make allocations of the amount of the national energy security bond limitation under subsection (d) among qualified issuers in such manner as the Secretary determines appropriate.CommentsClose CommentsPermalink
‘(2) RESERVATION FOR PROPERTY IN METROPOLITAN AREA- 50 percent of the national energy security bond limitation under subsection (d) may be allocated only for loans to provide natural gas refueling property located in metropolitan statistical areas (within the meaning of section 143(k)(2)(B)).CommentsClose CommentsPermalink
‘(3) PERCENTAGE OF STATIONS RECEIVING LOANS- In making allocations under paragraph (1), the Secretary shall attempt to ensure that at least 10 percent of the retail motor fuel stations in the United States received loans from the proceeds of energy security bonds.CommentsClose CommentsPermalink
‘(f) Qualified Issuer- For purposes of this section, the term ‘qualified issuer’ means any State or any political subdivision or instrumentality thereof.CommentsClose CommentsPermalink
‘(g) Termination- This section shall not apply with respect to any bond issued after December 31, 2017.’.CommentsClose CommentsPermalink
(b) Coordination With Refueling Property Credit- Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) COORDINATION WITH ENERGY SECURITY BONDS- The cost otherwise taken into account under this section with respect to any property shall be reduced by the portion of such cost which is financed by any loan provided from the proceeds of any energy security bond (as defined in section 54E).’.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1) Paragraph (1) of section 54A(d), as amended by sections 806 and 841, is amended by striking ‘or’ at the end of subparagraph (B), by adding ‘or’ at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink
‘(D) an energy security bond,’.CommentsClose CommentsPermalink
(2) Subparagraph (C) of section 54A(d)(2), as amended by sections 806 and 841, is amended by striking ‘and’ at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ‘and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iv) in the case of an energy security bond, a purpose specified in section 54E(b).’.CommentsClose CommentsPermalink
(3) The table of sections for subpart I of part IV of subchapter A of chapter 1, as amended by sections 806 and 841, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 54E. Energy security bonds.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to obligations issued after December 31, 2008.CommentsClose CommentsPermalink
SEC. 830. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL FUELS AND MIXTURES, BIODIESEL FUELS AND MIXTURES, AND ALTERNATIVE FUELS AND MIXTURES TREATED AS QUALIFYING INCOME FOR PUBLICLY TRADED PARTNERSHIPS.
(a) In General- Subparagraph (E) of section 7704(d)(1) is amended by inserting ‘, or the transportation or storage of any fuel described in subsection (b), (c), (d), or (e) of section 6426, or any alcohol fuel defined in section 6426(b)(4)(A) or any biodiesel fuel as defined in section 40A(d)(1)’ after ‘timber)’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle C--Energy Conservation and Efficiency ProvisionsCommentsClose CommentsPermalink
SEC. 841. QUALIFIED ENERGY CONSERVATION BONDS.
(a) In General- Subpart I of part IV of subchapter A of chapter 1, as amended by section 806, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 54D. QUALIFIED ENERGY CONSERVATION BONDS.
‘(a) Qualified Energy Conservation Bond- For purposes of this subchapter, the term ‘qualified energy conservation bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink
‘(1) 100 percent of the available project proceeds of such issue are to be used for one or more qualified conservation purposes,CommentsClose CommentsPermalink
‘(2) the bond is issued by a State or local government, andCommentsClose CommentsPermalink
‘(3) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink
‘(b) Reduced Credit Amount- The annual credit determined under section 54A(b) with respect to any qualified energy conservation bond shall be 70 percent of the amount so determined without regard to this subsection.CommentsClose CommentsPermalink
‘(c) Limitation on Amount of Bonds Designated- The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (e).CommentsClose CommentsPermalink
‘(d) National Limitation on Amount of Bonds Designated- There is a national qualified energy conservation bond limitation of $2,625,000,000.CommentsClose CommentsPermalink
‘(e) Allocations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The limitation applicable under subsection (d) shall be allocated by the Secretary among the States in proportion to the population of the States.CommentsClose CommentsPermalink
‘(2) ALLOCATIONS TO LARGEST LOCAL GOVERNMENTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State’s allocation which bears the same ratio to the State’s allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State.CommentsClose CommentsPermalink
‘(B) ALLOCATION OF UNUSED LIMITATION TO STATE- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located.CommentsClose CommentsPermalink
‘(C) LARGE LOCAL GOVERNMENT- For purposes of this section, the term ‘large local government’ means any municipality or county if such municipality or county has a population of 100,000 or more.CommentsClose CommentsPermalink
‘(3) ALLOCATION TO ISSUERS; RESTRICTION ON PRIVATE ACTIVITY BONDS- Any allocation under this subsection to a State or large local government shall be allocated by such State or large local government to issuers within the State in a manner that results in not less than 70 percent of the allocation to such State or large local government being used to designate bonds which are not private activity bonds.CommentsClose CommentsPermalink
‘(f) Qualified Conservation Purpose- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘qualified conservation purpose’ means any of the following:CommentsClose CommentsPermalink
‘(A) Capital expenditures incurred for purposes of--CommentsClose CommentsPermalink
‘(i) reducing energy consumption in publicly-owned buildings by at least 20 percent,CommentsClose CommentsPermalink
‘(ii) implementing green community programs,CommentsClose CommentsPermalink
‘(iii) rural development involving the production of electricity from renewable energy resources, orCommentsClose CommentsPermalink
‘(iv) any qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and without regard to any placed in service date).CommentsClose CommentsPermalink
‘(B) Expenditures with respect to research facilities, and research grants, to support research in--CommentsClose CommentsPermalink
‘(i) development of cellulosic ethanol or other nonfossil fuels,CommentsClose CommentsPermalink
‘(ii) technologies for the capture and sequestration of carbon dioxide produced through the use of fossil fuels,CommentsClose CommentsPermalink
‘(iii) increasing the efficiency of existing technologies for producing nonfossil fuels,CommentsClose CommentsPermalink
‘(iv) automobile battery technologies and other technologies to reduce fossil fuel consumption in transportation, orCommentsClose CommentsPermalink
‘(v) technologies to reduce energy use in buildings.CommentsClose CommentsPermalink
‘(C) Mass commuting facilities and related facilities that reduce the consumption of energy, including expenditures to reduce pollution from vehicles used for mass commuting.CommentsClose CommentsPermalink
‘(D) Demonstration projects designed to promote the commercialization of--CommentsClose CommentsPermalink
‘(i) green building technology,CommentsClose CommentsPermalink
‘(ii) conversion of agricultural waste for use in the production of fuel or otherwise,CommentsClose CommentsPermalink
‘(iii) advanced battery manufacturing technologies,CommentsClose CommentsPermalink
‘(iv) technologies to reduce peak use of electricity, orCommentsClose CommentsPermalink
‘(v) technologies for the capture and sequestration of carbon dioxide emitted from combusting fossil fuels in order to produce electricity.CommentsClose CommentsPermalink
‘(E) Public education campaigns to promote energy efficiency.CommentsClose CommentsPermalink
‘(2) SPECIAL RULES FOR PRIVATE ACTIVITY BONDS- For purposes of this section, in the case of any private activity bond, the term ‘qualified conservation purposes’ shall not include any expenditure which is not a capital expenditure.CommentsClose CommentsPermalink
‘(g) Population-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The population of any State or local government shall be determined for purposes of this section as provided in section 146(j) for the calendar year which includes the date of the enactment of this section.CommentsClose CommentsPermalink
‘(2) SPECIAL RULE FOR COUNTIES- In determining the population of any county for purposes of this section, any population of such county which is taken into account in determining the population of any municipality which is a large local government shall not be taken into account in determining the population of such county.CommentsClose CommentsPermalink
‘(h) Application to Indian Tribal Governments- An Indian tribal government shall be treated for purposes of this section in the same manner as a large local government, except that--CommentsClose CommentsPermalink
‘(1) an Indian tribal government shall be treated for purposes of subsection (e) as located within a State to the extent of so much of the population of such government as resides within such State, andCommentsClose CommentsPermalink
‘(2) any bond issued by an Indian tribal government shall be treated as a qualified energy conservation bond only if issued as part of an issue the available project proceeds of which are used for purposes for which such Indian tribal government could issue bonds to which section 103(a) applies.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Paragraph (1) of section 54A(d), as amended by section 806, is amended by striking ‘or’ at the end of subparagraph (A), by adding ‘or’ at the end of subparagraph (B), and by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
‘(C) a qualified energy conservation bond,’.CommentsClose CommentsPermalink
(2) Subparagraph (C) of section 54A(d)(2), as amended by section 806, is amended by striking ‘and’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iii) in the case of a qualified energy conservation bond, a purpose specified in section 54D(a)(1).’.CommentsClose CommentsPermalink
(3) The table of sections for subpart I of part IV of subchapter A of chapter 1, as amended by section 806, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 54D. Qualified energy conservation bonds.’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 842. CREDIT FOR NONBUSINESS ENERGY PROPERTY.
(a) Extension of Credit- Section 25C(g) is amended by striking ‘December 31, 2007’ and inserting ‘December 31, 2008’.CommentsClose CommentsPermalink
(b) Qualified Biomass Fuel Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 25C(d)(3) is amended--CommentsClose CommentsPermalink
(A) by striking ‘and’ at the end of subparagraph (D),CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (E) and inserting ‘, and’, andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(F) a stove which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and which has a thermal efficiency rating of at least 75 percent.’.CommentsClose CommentsPermalink
(2) BIOMASS FUEL- Section 25C(d) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) BIOMASS FUEL- The term ‘biomass fuel’ means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues (including wood pellets), plants (including aquatic plants), grasses, residues, and fibers.’.CommentsClose CommentsPermalink
(c) Coordination With Credit for Qualified Geothermal Heat Pump Property Expenditures-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (3) of section 25C(d), as amended by subsection (b), is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Subparagraph (C) of section 25C(d)(2) is amended to read as follows:CommentsClose CommentsPermalink
‘(C) REQUIREMENTS AND STANDARDS FOR AIR CONDITIONERS AND HEAT PUMPS- The standards and requirements prescribed by the Secretary under subparagraph (B) with respect to the energy efficiency ratio (EER) for central air conditioners and electric heat pumps--CommentsClose CommentsPermalink
‘(i) shall require measurements to be based on published data which is tested by manufacturers at 95 degrees Fahrenheit, andCommentsClose CommentsPermalink
‘(ii) may be based on the certified data of the Air Conditioning and Refrigeration Institute that are prepared in partnership with the Consortium for Energy Efficiency.’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made this section shall apply to expenditures made after December 31, 2007.CommentsClose CommentsPermalink
SEC. 843. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
Subsection (h) of section 179D is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink
SEC. 844. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR APPLIANCES PRODUCED AFTER 2007.
(a) In General- Subsection (b) of section 45M is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Applicable Amount- For purposes of subsection (a)--CommentsClose CommentsPermalink
‘(1) DISHWASHERS- The applicable amount is--CommentsClose CommentsPermalink
‘(A) $45 in the case of a dishwasher which is manufactured in calendar year 2008 or 2009 and which uses no more than 324 kilowatt hours per year and 5.8 gallons per cycle, andCommentsClose CommentsPermalink
‘(B) $75 in the case of a dishwasher which is manufactured in calendar year 2008, 2009, or 2010 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings).CommentsClose CommentsPermalink
‘(2) CLOTHES WASHERS- The applicable amount is--CommentsClose CommentsPermalink
‘(A) $75 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 which meets or exceeds a 1.72 modified energy factor and does not exceed a 8.0 water consumption factor,CommentsClose CommentsPermalink
‘(B) $125 in the case of a residential top-loading clothes washer manufactured in calendar year 2008 or 2009 which meets or exceeds a 1.8 modified energy factor and does not exceed a 7.5 water consumption factor,CommentsClose CommentsPermalink
‘(C) $150 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.0 modified energy factor and does not exceed a 6.0 water consumption factor, andCommentsClose CommentsPermalink
‘(D) $250 in the case of a residential or commercial clothes washer manufactured in calendar year 2008, 2009, or 2010 which meets or exceeds 2.2 modified energy factor and does not exceed a 4.5 water consumption factor.CommentsClose CommentsPermalink
‘(3) REFRIGERATORS- The applicable amount is--CommentsClose CommentsPermalink
‘(A) $50 in the case of a refrigerator which is manufactured in calendar year 2008, and consumes at least 20 percent but not more than 22.9 percent less kilowatt hours per year than the 2001 energy conservation standards,CommentsClose CommentsPermalink
‘(B) $75 in the case of a refrigerator which is manufactured in calendar year 2008 or 2009, and consumes at least 23 percent but no more than 24.9 percent less kilowatt hours per year than the 2001 energy conservation standards,CommentsClose CommentsPermalink
‘(C) $100 in the case of a refrigerator which is manufactured in calendar year 2008, 2009, or 2010, and consumes at least 25 percent but not more than 29.9 percent less kilowatt hours per year than the 2001 energy conservation standards, andCommentsClose CommentsPermalink
‘(D) $200 in the case of a refrigerator manufactured in calendar year 2008, 2009, or 2010 and which consumes at least 30 percent less energy than the 2001 energy conservation standards.’.CommentsClose CommentsPermalink
(b) Eligible Production-CommentsClose CommentsPermalink
(1) SIMILAR TREATMENT FOR ALL APPLIANCES- Subsection (c) of section 45M is amended--CommentsClose CommentsPermalink
(A) by striking paragraph (2),CommentsClose CommentsPermalink
(B) by striking ‘(1) IN GENERAL’ and all that follows through ‘the eligible’ and inserting ‘The eligible’,CommentsClose CommentsPermalink
(C) by moving the text of such subsection in line with the subsection heading, andCommentsClose CommentsPermalink
(D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs 2 ems to the left.CommentsClose CommentsPermalink
(2) MODIFICATION OF BASE PERIOD- Paragraph (2) of section 45M(c), as amended by paragraph (1), is amended by striking ‘3-calendar year’ and inserting ‘2-calendar year’.CommentsClose CommentsPermalink
(c) Types of Energy Efficient Appliances- Subsection (d) of section 45M (defining types of energy efficient appliances) is amended to read as follows:CommentsClose CommentsPermalink
‘(d) Types of Energy Efficient Appliance- For purposes of this section, the types of energy efficient appliances are--CommentsClose CommentsPermalink
‘(1) dishwashers described in subsection (b)(1),CommentsClose CommentsPermalink
‘(2) clothes washers described in subsection (b)(2), andCommentsClose CommentsPermalink
‘(3) refrigerators described in subsection (b)(3).’.CommentsClose CommentsPermalink
(d) Aggregate Credit Amount Allowed-CommentsClose CommentsPermalink
(1) INCREASE IN LIMIT- Paragraph (1) of section 45M(e) is amended to read as follows:CommentsClose CommentsPermalink
‘(1) AGGREGATE CREDIT AMOUNT ALLOWED- The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years beginning after December 31, 2007.’.CommentsClose CommentsPermalink
(2) EXCEPTION FOR CERTAIN REFRIGERATOR AND CLOTHES WASHERS- Paragraph (2) of section 45M(e) is amended to read as follows:CommentsClose CommentsPermalink
‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIGERATORS AND CLOTHES WASHERS- Refrigerators described in subsection (b)(3)(D) and clothes washers described in subsection (b)(2)(D) shall not be taken into account under paragraph (1).’.CommentsClose CommentsPermalink
(e) Qualified Energy Efficient Appliances-CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (1) of section 45M(f) (defining qualified energy efficient appliance) is amended to read as follows:CommentsClose CommentsPermalink
‘(1) QUALIFIED ENERGY EFFICIENT APPLIANCE- The term ‘qualified energy efficient appliance’ means--CommentsClose CommentsPermalink
‘(A) any dishwasher described in subsection (b)(1),CommentsClose CommentsPermalink
‘(B) any clothes washer described in subsection (b)(2), andCommentsClose CommentsPermalink
‘(C) any refrigerator described in subsection (b)(3).’.CommentsClose CommentsPermalink
(2) CLOTHES WASHER- Section 45M(f)(3) is amended by inserting ‘commercial’ before ‘residential’ the second place it appears.CommentsClose CommentsPermalink
(3) TOP-LOADING CLOTHES WASHER- Subsection (f) of section 45M is amended by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively, and by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
‘(4) TOP-LOADING CLOTHES WASHER- The term ‘top-loading clothes washer’ means a clothes washer which has the clothes container compartment access located on the top of the machine and which operates on a vertical axis.’.CommentsClose CommentsPermalink
(4) REPLACEMENT OF ENERGY FACTOR- Section 45M(f)(6), as redesignated by paragraph (3), is amended to read as follows:CommentsClose CommentsPermalink
‘(6) MODIFIED ENERGY FACTOR- The term ‘modified energy factor’ means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standard.’.CommentsClose CommentsPermalink
(5) GALLONS PER CYCLE; WATER CONSUMPTION FACTOR- Section 45M(f), as amended by paragraph (3), is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(9) GALLONS PER CYCLE- The term ‘gallons per cycle’ means, with respect to a dishwasher, the amount of water, expressed in gallons, required to complete a normal cycle of a dishwasher.CommentsClose CommentsPermalink
‘(10) WATER CONSUMPTION FACTOR- The term ‘water consumption factor’ means, with respect to a clothes washer, the quotient of the total weighted per-cycle water consumption divided by the cubic foot (or liter) capacity of the clothes washer.’.CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by this section shall apply to appliances produced after December 31, 2007.CommentsClose CommentsPermalink
SEC. 845. ACCELERATED RECOVERY PERIOD FOR DEPRECIATION OF SMART METERS AND SMART GRID SYSTEMS.
(a) In General- Section 168(e)(3)(D) is amended by striking ‘and’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting a comma, and by inserting after clause (ii) the following new clauses:CommentsClose CommentsPermalink
‘(iii) any qualified smart electric meter, andCommentsClose CommentsPermalink
‘(iv) any qualified smart electric grid system.’.CommentsClose CommentsPermalink
(b) Definitions- Section 168(i) is amended by inserting at the end the following new paragraph:CommentsClose CommentsPermalink
‘(18) QUALIFIED SMART ELECTRIC METERS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified smart electric meter’ means any smart electric meter which is placed in service by a taxpayer who is a supplier of electric energy or a provider of electric energy services.CommentsClose CommentsPermalink
‘(B) SMART ELECTRIC METER- For purposes of subparagraph (A), the term ‘smart electric meter’ means any time-based meter and related communication equipment which is capable of being used by the taxpayer as part of a system that--CommentsClose CommentsPermalink
‘(i) measures and records electricity usage data on a time-differentiated basis in at least 24 separate time segments per day,CommentsClose CommentsPermalink
‘(ii) provides for the exchange of information between supplier or provider and the customer’s electric meter in support of time-based rates or other forms of demand response,CommentsClose CommentsPermalink
‘(iii) provides data to such supplier or provider so that the supplier or provider can provide energy usage information to customers electronically, andCommentsClose CommentsPermalink
‘(iv) provides net metering.CommentsClose CommentsPermalink
‘(19) QUALIFIED SMART ELECTRIC GRID SYSTEMS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified smart electric grid system’ means any smart grid property used as part of a system for electric distribution grid communications, monitoring, and management placed in service by a taxpayer who is a supplier of electric energy or a provider of electric energy services.CommentsClose CommentsPermalink
‘(B) SMART GRID PROPERTY- For the purposes of subparagraph (A), the term ‘smart grid property’ means electronics and related equipment that is capable of--CommentsClose CommentsPermalink
‘(i) sensing, collecting, and monitoring data of or from all portions of a utility’s electric distribution grid,CommentsClose CommentsPermalink
‘(ii) providing real-time, two-way communications to monitor or manage such grid, andCommentsClose CommentsPermalink
‘(iii) providing real time analysis of and event prediction based upon collected data that can be used to improve electric distribution system reliability, quality, and performance.’.CommentsClose CommentsPermalink
(c) Continued Application of 150 Percent Declining Balance Method- Paragraph (2) of section 168(b) is amended by striking ‘or’ at the end of subparagraph (B), by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
‘(C) any property (other than property described in paragraph (3)) which is a qualified smart electric meter or qualified smart electric grid system, or’.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 846. QUALIFIED GREEN BUILDING AND SUSTAINABLE DESIGN PROJECTS.
(a) In General- Paragraph (8) of section 142(l) is amended by striking ‘September 30, 2009’ and inserting ‘September 30, 2012’.CommentsClose CommentsPermalink
(b) Treatment of Current Refunding Bonds- Paragraph (9) of section 142(l) is amended by striking ‘October 1, 2009’ and inserting ‘October 1, 2012’.CommentsClose CommentsPermalink
(c) Accountability- The second sentence of section 701(d) of the American Jobs Creation Act of 2004 is amended by striking ‘issuance,’ and inserting ‘issuance of the last issue with respect to such project,’.CommentsClose CommentsPermalink
Subtitle D--Revenue ProvisionsCommentsClose CommentsPermalink
SEC. 851. LIMITATION OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction for Specified Oil Companies for Income Attributable to Domestic Production of Oil, Gas, or Primary Products Thereof- Subparagraph (B) of section 199(c)(4) (relating to exceptions) is amended by striking ‘or’ at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ‘, or’, and by inserting after clause (iii) the following new clause:CommentsClose CommentsPermalink
‘(iv) in the case of any specified oil company (as defined in subsection (d)(9)), the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.’.CommentsClose CommentsPermalink
(b) Limitation on Oil Related Qualified Production Activities Income for Taxpayers Other Than Specified Oil Companies-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 199(d) is amended by redesignating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following new paragraph:CommentsClose CommentsPermalink
‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL RELATED QUALIFIED PRODUCTION ACTIVITIES INCOME-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If a taxpayer (other than a specified oil company) has oil related qualified production activities income for any taxable year beginning after 2009, the amount otherwise allowable as a deduction under subsection (a) shall be reduced by 3 percent of the least of--CommentsClose CommentsPermalink
‘(i) the oil related qualified production activities income of the taxpayer for the taxable year,CommentsClose CommentsPermalink
‘(ii) the qualified production activities income of the taxpayer for the taxable year, orCommentsClose CommentsPermalink
‘(iii) taxable income (determined without regard to this section).CommentsClose CommentsPermalink
‘(B) OIL RELATED QUALIFIED PRODUCTION ACTIVITIES INCOME- For purposes of this section, the term ‘oil related qualified production activities income’ means for any taxable year the qualified production activities income which is attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof during such taxable year.CommentsClose CommentsPermalink
‘(C) SPECIFIED OIL COMPANY- For purposes of this section, the term ‘specified oil company’ means--CommentsClose CommentsPermalink
‘(i) any major integrated oil company (as defined in section 167(h)(5)(B)), andCommentsClose CommentsPermalink
‘(ii) any entity in which a foreign government holds (directly or indirectly)--CommentsClose CommentsPermalink
‘(I) any interest which (by value or voting interest) is 50 percent or more of the total of such interests in such entity, orCommentsClose CommentsPermalink
‘(II) any other interest which provides the foreign government with effective control of such entity.CommentsClose CommentsPermalink
‘(D) PRIMARY PRODUCT- For purposes of this section, the term ‘primary product’ has the same meaning as when used in section 927(a)(2)(C), as in effect before its repeal.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 199(d)(2) (relating to application to individuals) is amended by striking ‘subsection (a)(1)(B)’ and inserting ‘subsections (a)(1)(B) and (d)(9)(A)(iii)’.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink
SEC. 852. CLARIFICATION OF DETERMINATION OF FOREIGN OIL AND GAS EXTRACTION INCOME.
(a) In General- Paragraph (1) of section 907(c) is amended by redesignating subparagraph (B) as subparagraph (C), by striking ‘or’ at the end of subparagraph (A), and by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
‘(B) so much of any transportation of such minerals as occurs before the fair market value event, or’.CommentsClose CommentsPermalink
(b) Fair Market Value Event- Subsection (c) of section 907 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) FAIR MARKET VALUE EVENT- For purposes of this section, the term ‘fair market value event’ means, with respect to any mineral, the first point in time at which such mineral--CommentsClose CommentsPermalink
‘(A) has a fair market value which can be determined on the basis of a transfer, which is an arm’s length transaction, of such mineral from the taxpayer to a person who is not related (within the meaning of section 482) to such taxpayer, orCommentsClose CommentsPermalink
‘(B) is at a location at which the fair market value is readily ascertainable by reason of transactions among unrelated third parties with respect to the same mineral (taking into account source, location, quality, and chemical composition).’.CommentsClose CommentsPermalink
(c) Special Rule for Certain Petroleum Taxes- Subsection (c) of section 907, as amended by subsection (b), is amended to by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(7) OIL AND GAS TAXES- In the case of any tax imposed by a foreign country which is limited in its application to taxpayers engaged in oil or gas activities--CommentsClose CommentsPermalink
‘(A) the term ‘oil and gas extraction taxes’ shall include such tax,CommentsClose CommentsPermalink
‘(B) the term ‘foreign oil and gas extraction income’ shall include any taxable income which is taken into account in determining such tax (or is directly attributable to the activity to which such tax relates), andCommentsClose CommentsPermalink
‘(C) the term ‘foreign oil related income’ shall not include any taxable income which is treated as foreign oil and gas extraction income under subparagraph (B).’.CommentsClose CommentsPermalink
(d) Conforming Amendments-CommentsClose CommentsPermalink
(1) Subparagraph (C) of section 907(c)(1), as redesignated by this section, is amended by inserting ‘or used by the taxpayer in the activity described in subparagraph (B)’ before the period at the end.CommentsClose CommentsPermalink
(2) Subparagraph (B) of section 907(c)(2) is amended to read as follows:CommentsClose CommentsPermalink
‘(B) so much of the transportation of such minerals or primary products as is not taken into account under paragraph (1)(B),’.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 853. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
In the case of a corporation--CommentsClose CommentsPermalink
(1) to which paragraph (1) of section 401 of the Tax Increase Prevention and Reconciliation Act of 2005 applies, andCommentsClose CommentsPermalink
(2) which had any significant income for the preceding taxable year referred to in such paragraph from extraction, production, processing, refining, transportation, distribution, or retail sale, of any fuel or electricity,CommentsClose CommentsPermalink
the percentage under subparagraph (C) of such paragraph (as in effect on the date of the enactment of this Act) is increased by 40 percentage points.CommentsClose CommentsPermalink
Passed the House of Representatives September 16, 2008.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
LORRAINE C. MILLER,CommentsClose CommentsPermalink
Clerk.CommentsClose CommentsPermalink
Calendar No. 118CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 6899CommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To advance the national security interests of the United States by reducing its dependency on oil through renewable and clean, alternative fuel technologies while building a bridge to the future through expanded access to Federal oil and natural gas resources, revising the relationship between the oil and gas industry and the consumers who own those resources and deserve a fair return from the development of publicly owned oil and gas, ending tax subsidies for large oil and gas companies, and facilitating energy efficiencies in the building, housing, and transportation sectors, and for other purposes.CommentsClose CommentsPermalink
November 18, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
OC Blog Articles Related To This Bill
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
- Supercommittee Failure and Stimulus Nov 22, 2011
- Supercommittee to Admit Failure Nov 21, 2011
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012