U.S. Congress - Text of S.1419 as Placed on Calendar Senate Energy Diplomacy and Security Act of 2007
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Donate NowS.1419 - Energy Diplomacy and Security Act of 2007
A bill to move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers from price gouging, to increase the energy efficiency of products, buildings and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes.
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S 1419 PCSCommentsClose CommentsPermalink
To move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers from price gouging, to increase the energy efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes.CommentsClose CommentsPermalink
May 17, 2007
Mr. REID introduced the following bill; which was read twice and ordered to be placed on the calendarCommentsClose CommentsPermalink
To move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers from price gouging, to increase the energy efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Relationship to other law.CommentsClose CommentsPermalink
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Sec. 101. Short title.CommentsClose CommentsPermalink
Sec. 102. Definitions.CommentsClose CommentsPermalink
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.CommentsClose CommentsPermalink
Sec. 112. Production of renewable fuel using renewable energy.CommentsClose CommentsPermalink
Subtitle B--Renewable Fuels Infrastructure
Sec. 121. Infrastructure pilot program for renewable fuels.CommentsClose CommentsPermalink
Sec. 122. Bioenergy research and development.CommentsClose CommentsPermalink
Sec. 123. Bioresearch centers for systems biology program.CommentsClose CommentsPermalink
Sec. 124. Loan guarantees for renewable fuel facilities.CommentsClose CommentsPermalink
Sec. 125. Grants for renewable fuel production research and development in certain States.CommentsClose CommentsPermalink
Sec. 126. Grants for infrastructure for transportation of biomass to local biorefineries.CommentsClose CommentsPermalink
Sec. 127. Biorefinery information center.CommentsClose CommentsPermalink
Sec. 128. Alternative fuel database and materials.CommentsClose CommentsPermalink
Sec. 129. Fuel tank cap labeling requirement.CommentsClose CommentsPermalink
Sec. 130. Biodiesel.CommentsClose CommentsPermalink
Subtitle C--Studies
Sec. 141. Study of advanced biofuels technologies.CommentsClose CommentsPermalink
Sec. 142. Study of increased consumption of ethanol-blended gasoline with higher levels of ethanol.CommentsClose CommentsPermalink
Sec. 143. Pipeline feasibility study.CommentsClose CommentsPermalink
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85 fuel.CommentsClose CommentsPermalink
Sec. 145. Study of credits for use of renewable electricity in electric vehicles.CommentsClose CommentsPermalink
Sec. 146. Study of engine durability associated with the use of biodiesel.CommentsClose CommentsPermalink
Sec. 147. Study of incentives for renewable fuels.CommentsClose CommentsPermalink
Sec. 148. Study of streamlined lifecycle analysis tools for the evaluation of renewable carbon content of biofuels.CommentsClose CommentsPermalink
Sec. 149. Study of the adequacy of railroad transportation of domestically-produced renewable fuel.CommentsClose CommentsPermalink
Sec. 150. Study of effects of ethanol-blended gasoline on off road vehicles.CommentsClose CommentsPermalink
TITLE II--ENERGY EFFICIENCY PROMOTION
Sec. 201. Short title.CommentsClose CommentsPermalink
Sec. 202. Definition of Secretary.CommentsClose CommentsPermalink
Subtitle A--Promoting Advanced Lighting Technologies
Sec. 211. Accelerated procurement of energy efficient lighting.CommentsClose CommentsPermalink
Sec. 212. Incandescent reflector lamp efficiency standards.CommentsClose CommentsPermalink
Sec. 213. Bright Tomorrow Lighting Prizes.CommentsClose CommentsPermalink
Sec. 214. Sense of Senate concerning efficient lighting standards.CommentsClose CommentsPermalink
Sec. 215. Renewable energy construction grants.CommentsClose CommentsPermalink
Subtitle B--Expediting New Energy Efficiency Standards
Sec. 221. Definition of energy conservation standard.CommentsClose CommentsPermalink
Sec. 222. Regional efficiency standards for heating and cooling products.CommentsClose CommentsPermalink
Sec. 223. Furnace fan rulemaking.CommentsClose CommentsPermalink
Sec. 224. Expedited rulemakings.CommentsClose CommentsPermalink
Sec. 225. Periodic reviews.CommentsClose CommentsPermalink
Sec. 226. Energy efficiency labeling for consumer products.CommentsClose CommentsPermalink
Sec. 227. Residential boiler efficiency standards.CommentsClose CommentsPermalink
Sec. 228. Technical corrections.CommentsClose CommentsPermalink
Sec. 229. Electric motor efficiency standards.CommentsClose CommentsPermalink
Sec. 230. Energy standards for home appliances.CommentsClose CommentsPermalink
Sec. 231. Improved energy efficiency for appliances and buildings in cold climates.CommentsClose CommentsPermalink
Sec. 232. Deployment of new technologies for high-efficiency consumer products.CommentsClose CommentsPermalink
Sec. 233. Industrial efficiency program.CommentsClose CommentsPermalink
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and Energy Storage
Sec. 241. Lightweight materials research and development.CommentsClose CommentsPermalink
Sec. 242. Loan guarantees for fuel-efficient automobile parts manufacturers.CommentsClose CommentsPermalink
Sec. 243. Advanced technology vehicles manufacturing incentive program.CommentsClose CommentsPermalink
Sec. 244. Energy storage competitiveness.CommentsClose CommentsPermalink
Sec. 245. Advanced transportation technology program.CommentsClose CommentsPermalink
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. National goals for energy savings in transportation.CommentsClose CommentsPermalink
Sec. 252. National energy efficiency improvement goals.CommentsClose CommentsPermalink
Sec. 253. National media campaign.CommentsClose CommentsPermalink
Sec. 254. Modernization of electricity grid system.CommentsClose CommentsPermalink
Subtitle E--Promoting Federal Leadership in Energy Efficiency and Renewable Energy
Sec. 261. Federal fleet conservation requirements.CommentsClose CommentsPermalink
Sec. 262. Federal requirement to purchase electricity generated by renewable energy.CommentsClose CommentsPermalink
Sec. 263. Energy savings performance contracts.CommentsClose CommentsPermalink
Sec. 264. Energy management requirements for Federal buildings.CommentsClose CommentsPermalink
Sec. 265. Combined heat and power and district energy installations at Federal sites.CommentsClose CommentsPermalink
Sec. 266. Federal building energy efficiency performance standards.CommentsClose CommentsPermalink
Sec. 267. Application of International Energy Conservation Code to public and assisted housing.CommentsClose CommentsPermalink
Sec. 268. Energy efficient commercial buildings initiative.CommentsClose CommentsPermalink
Subtitle F--Assisting State and Local Governments in Energy Efficiency
Sec. 271. Weatherization assistance for low-income persons.CommentsClose CommentsPermalink
Sec. 272. State energy conservation plans.CommentsClose CommentsPermalink
Sec. 273. Utility energy efficiency programs.CommentsClose CommentsPermalink
Sec. 274. Energy efficiency and demand response program assistance.CommentsClose CommentsPermalink
Sec. 275. Energy and environmental block grant.CommentsClose CommentsPermalink
Sec. 276. Energy sustainability and efficiency grants for institutions of higher education.CommentsClose CommentsPermalink
Sec. 277. Workforce training.CommentsClose CommentsPermalink
Sec. 278. Assistance to States to reduce school bus idling.CommentsClose CommentsPermalink
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 301. Short title.CommentsClose CommentsPermalink
Sec. 302. Carbon capture and storage research, development, and demonstration program.CommentsClose CommentsPermalink
Sec. 303. Carbon dioxide storage capacity assessment.CommentsClose CommentsPermalink
Sec. 304. Carbon capture and storage initiative.CommentsClose CommentsPermalink
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Cost-effective technology acceleration program.CommentsClose CommentsPermalink
Sec. 403. Environmental Protection Agency demonstration grant program for local governments.CommentsClose CommentsPermalink
Sec. 404. Definitions.CommentsClose CommentsPermalink
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
Sec. 501. Short title.CommentsClose CommentsPermalink
Sec. 502. Average fuel economy standards for automobiles, medium-duty trucks, and heavy duty trucks.CommentsClose CommentsPermalink
Sec. 503. Amending fuel economy standards.CommentsClose CommentsPermalink
Sec. 504. Definitions.CommentsClose CommentsPermalink
Sec. 505. Ensuring safety of automobiles.CommentsClose CommentsPermalink
Sec. 506. Credit trading program.CommentsClose CommentsPermalink
Sec. 507. Labels for fuel economy and greenhouse gas emissions.CommentsClose CommentsPermalink
Sec. 508. Continued applicability of existing standards.CommentsClose CommentsPermalink
Sec. 509. National Academy of Sciences studies.CommentsClose CommentsPermalink
Sec. 510. Standards for Executive agency automobiles.CommentsClose CommentsPermalink
Sec. 511. Ensuring availability of flexible fuel automobiles.CommentsClose CommentsPermalink
Sec. 512. Increasing consumer awareness of flexible fuel automobiles.CommentsClose CommentsPermalink
Sec. 513. Periodic review of accuracy of fuel economy labeling procedures.CommentsClose CommentsPermalink
Sec. 514. Tire fuel efficiency consumer information.CommentsClose CommentsPermalink
Sec. 515. Advanced Battery Initiative.CommentsClose CommentsPermalink
Sec. 516. Biodiesel standards.CommentsClose CommentsPermalink
Sec. 517. Use of civil penalties for research and development.CommentsClose CommentsPermalink
Sec. 518. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VI--PRICE GOUGING
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Definitions.CommentsClose CommentsPermalink
Sec. 603. Prohibition on price gouging during Energy emergencies.CommentsClose CommentsPermalink
Sec. 604. Prohibition on market manipulation.CommentsClose CommentsPermalink
Sec. 605. Prohibition on false information.CommentsClose CommentsPermalink
Sec. 606. Presidential declaration of Energy emergency.CommentsClose CommentsPermalink
Sec. 607. Enforcement by the Federal Trade Commission.CommentsClose CommentsPermalink
Sec. 608. Enforcement by State Attorneys General.CommentsClose CommentsPermalink
Sec. 609. Penalties.CommentsClose CommentsPermalink
Sec. 610. Effect on other laws.CommentsClose CommentsPermalink
TITLE VII--ENERGY DIPLOMACY AND SECURITY
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Definitions.CommentsClose CommentsPermalink
Sec. 703. Sense of Congress on energy diplomacy and security.CommentsClose CommentsPermalink
Sec. 704. Strategic energy partnerships.CommentsClose CommentsPermalink
Sec. 705. International energy crisis response mechanisms.CommentsClose CommentsPermalink
Sec. 706. Hemisphere energy cooperation forum.CommentsClose CommentsPermalink
Sec. 707. Appropriate congressional committees defined.CommentsClose CommentsPermalink
SEC. 2. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an amendment made by this Act, nothing in this Act or an amendment made by this Act supersedes, limits the authority provided or responsibility conferred by, or authorizes any violation of any provision of law (including a regulation), including any energy or environmental law or regulation.CommentsClose CommentsPermalink
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
SEC. 101. SHORT TITLE.
This title may be cited as the `Biofuels for Energy Security and Transportation Act of 2007'.CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) ADVANCED BIOFUEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `advanced biofuel' means fuel derived from renewable biomass other than corn starch.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `advanced biofuel' includes--CommentsClose CommentsPermalink
(i) ethanol derived from cellulose, hemicellulose, or lignin;CommentsClose CommentsPermalink
(ii) ethanol derived from sugar or starch, other than ethanol derived from corn starch;CommentsClose CommentsPermalink
(iii) ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste;CommentsClose CommentsPermalink
(iv) diesel-equivalent fuel derived from renewable biomass, including vegetable oil and animal fat;CommentsClose CommentsPermalink
(v) biogas produced through the conversion of organic matter from renewable biomass; andCommentsClose CommentsPermalink
(vi) butanol or higher alcohols produced through the conversion of organic matter from renewable biomass.CommentsClose CommentsPermalink
(2) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol' means ethanol derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass.CommentsClose CommentsPermalink
(3) CONVENTIONAL BIOFUEL- The term `conventional biofuel' means ethanol derived from corn starch.CommentsClose CommentsPermalink
(4) RENEWABLE BIOMASS- The term `renewable biomass' means--CommentsClose CommentsPermalink
(A) biomass (as defined by section 210 of the Energy Policy Act of 2005 (
(i) National Forest System land; orCommentsClose CommentsPermalink
(ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
(B) any organic matter that is available on a renewable or recurring basis from non-Federal land or from land belonging to an Indian tribe, or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink
(i) renewable plant material, including--CommentsClose CommentsPermalink
(I) feed grains;CommentsClose CommentsPermalink
(II) other agricultural commodities;CommentsClose CommentsPermalink
(III) other plants and trees; andCommentsClose CommentsPermalink
(IV) algae; andCommentsClose CommentsPermalink
(ii) waste material, including--CommentsClose CommentsPermalink
(I) crop residue;CommentsClose CommentsPermalink
(II) other vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink
(III) animal waste and byproducts (including fats, oils, greases, and manure); andCommentsClose CommentsPermalink
(IV) food waste and yard waste.CommentsClose CommentsPermalink
(5) RENEWABLE FUEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `renewable fuel' means motor vehicle fuel, boiler fuel, or home heating fuel that is--CommentsClose CommentsPermalink
(i) produced from renewable biomass; andCommentsClose CommentsPermalink
(ii) used to replace or reduce the quantity of fossil fuel present in a fuel or fuel mixture used to operate a motor vehicle, boiler, or furnace.CommentsClose CommentsPermalink
(B) INCLUSION- The term `renewable fuel' includes--CommentsClose CommentsPermalink
(i) conventional biofuel; andCommentsClose CommentsPermalink
(ii) advanced biofuel.CommentsClose CommentsPermalink
(6) SECRETARY- The term `Secretary' means the Secretary of EnergyCommentsClose CommentsPermalink
(7) SMALL REFINERY- The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.CommentsClose CommentsPermalink
Subtitle A--Renewable Fuel Standard
SEC. 111. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program-CommentsClose CommentsPermalink
(1) REGULATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the President shall promulgate regulations to ensure that motor vehicle fuel, home heating oil, and boiler fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of renewable fuel determined in accordance with paragraph (2).CommentsClose CommentsPermalink
(B) PROVISIONS OF REGULATIONS- Regardless of the date of promulgation, the regulations promulgated under subparagraph (A)--CommentsClose CommentsPermalink
(i) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that--CommentsClose CommentsPermalink
(I) the requirements of this subsection are met; andCommentsClose CommentsPermalink
(II) renewable fuels produced from facilities built after the date of enactment of this Act achieve at least a 20 percent reduction in life cycle greenhouse gas emissions compared to gasoline; butCommentsClose CommentsPermalink
(ii) shall not--CommentsClose CommentsPermalink
(I) restrict geographic areas in the contiguous United States in which renewable fuel may be used; orCommentsClose CommentsPermalink
(II) impose any per-gallon obligation for the use of renewable fuel.CommentsClose CommentsPermalink
(C) RELATIONSHIP TO OTHER REGULATIONS- Regulations promulgated under this paragraph shall, to the maximum extent practicable, incorporate the program structure, compliance, and reporting requirements established under the final regulations promulgated to implement the renewable fuel program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (
(2) APPLICABLE VOLUME-CommentsClose CommentsPermalink
(A) CALENDAR YEARS 2008 THROUGH 2022-CommentsClose CommentsPermalink
(i) RENEWABLE FUEL- For the purpose of paragraph (1), subject to clause (ii), the applicable volume for any of calendar years 2008 through 2022 shall be determined in accordance with the following table:CommentsClose CommentsPermalink
8.5CommentsClose CommentsPermalink
10.5CommentsClose CommentsPermalink
12.0CommentsClose CommentsPermalink
12.6CommentsClose CommentsPermalink
13.2CommentsClose CommentsPermalink
13.8CommentsClose CommentsPermalink
14.4CommentsClose CommentsPermalink
15.0CommentsClose CommentsPermalink
18.0CommentsClose CommentsPermalink
21.0CommentsClose CommentsPermalink
24.0CommentsClose CommentsPermalink
27.0CommentsClose CommentsPermalink
30.0CommentsClose CommentsPermalink
33.0CommentsClose CommentsPermalink
36.0.CommentsClose CommentsPermalink
(ii) ADVANCED BIOFUELS- For the purpose of paragraph (1), of the volume of renewable fuel required under clause (i), the applicable volume for any of calendar years 2016 through 2022 for advanced biofuels shall be determined in accordance with the following table:CommentsClose CommentsPermalink
3.0CommentsClose CommentsPermalink
6.0CommentsClose CommentsPermalink
9.0CommentsClose CommentsPermalink
12.0CommentsClose CommentsPermalink
15.0CommentsClose CommentsPermalink
18.0CommentsClose CommentsPermalink
21.0.CommentsClose CommentsPermalink
(B) CALENDAR YEAR 2023 AND THEREAFTER- Subject to subparagraph (C), for the purposes of paragraph (1), the applicable volume for calendar year 2023 and each calendar year thereafter shall be determined by the President, in coordination with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, based on a review of the implementation of the program during calendar years 2007 through 2022, including a review of--CommentsClose CommentsPermalink
(i) the impact of renewable fuels on the energy security of the United States;CommentsClose CommentsPermalink
(ii) the expected annual rate of future production of renewable fuels, including advanced biofuels;CommentsClose CommentsPermalink
(iii) the impact of renewable fuels on the infrastructure of the United States, including deliverability of materials, goods, and products other than renewable fuel, and the sufficiency of infrastructure to deliver renewable fuel; andCommentsClose CommentsPermalink
(iv) the impact of the use of renewable fuels on other factors, including job creation, the price and supply of agricultural commodities, rural economic development, and the environment.CommentsClose CommentsPermalink
(C) MINIMUM APPLICABLE VOLUME- Subject to subparagraph (D), for the purpose of paragraph (1), the applicable volume for calendar year 2023 and each calendar year thereafter shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink
(i) the number of gallons of gasoline that the President estimates will be sold or introduced into commerce in the calendar year; andCommentsClose CommentsPermalink
(ii) the ratio that--CommentsClose CommentsPermalink
(I) 36,000,000,000 gallons of renewable fuel; bears toCommentsClose CommentsPermalink
(II) the number of gallons of gasoline sold or introduced into commerce in calendar year 2022.CommentsClose CommentsPermalink
(D) MINIMUM PERCENTAGE OF ADVANCED BIOFUEL- For the purpose of paragraph (1) and subparagraph (C), at least 60 percent of the minimum applicable volume for calendar year 2023 and each calendar year thereafter shall be advanced biofuel.CommentsClose CommentsPermalink
(b) Applicable Percentages-CommentsClose CommentsPermalink
(1) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE SALES- Not later than October 31 of each of calendar years 2008 through 2021, the Administrator of the Energy Information Administration shall provide to the President an estimate, with respect to the following calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States.CommentsClose CommentsPermalink
(2) DETERMINATION OF APPLICABLE PERCENTAGES-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than November 30 of each of calendar years 2008 through 2022, based on the estimate provided under paragraph (1), the President shall determine and publish in the Federal Register, with respect to the following calendar year, the renewable fuel obligation that ensures that the requirements of subsection (a) are met.CommentsClose CommentsPermalink
(B) REQUIRED ELEMENTS- The renewable fuel obligation determined for a calendar year under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) be applicable to refineries, blenders, and importers, as appropriate;CommentsClose CommentsPermalink
(ii) be expressed in terms of a volume percentage of gasoline sold or introduced into commerce in the United States; andCommentsClose CommentsPermalink
(iii) subject to paragraph (3)(A), consist of a single applicable percentage that applies to all categories of persons specified in clause (i).CommentsClose CommentsPermalink
(3) ADJUSTMENTS- In determining the applicable percentage for a calendar year, the President shall make adjustments--CommentsClose CommentsPermalink
(A) to prevent the imposition of redundant obligations on any person specified in paragraph (2)(B)(i); andCommentsClose CommentsPermalink
(B) to account for the use of renewable fuel during the previous calendar year by small refineries that are exempt under subsection (g).CommentsClose CommentsPermalink
(c) Volume Conversion Factors for Renewable Fuels Based on Energy Content or Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- For the purpose of subsection (a), the President shall assign values to specific types of advanced biofuels for the purpose of satisfying the fuel volume requirements of subsection (a)(2) in accordance with this subsection.CommentsClose CommentsPermalink
(2) ENERGY CONTENT RELATIVE TO ETHANOL- For advanced biofuel, 1 gallon of the advanced biofuel shall be considered to be the equivalent of 1 gallon of renewable fuel multiplied by the ratio that--CommentsClose CommentsPermalink
(A) the number of British thermal units of energy produced by the combustion of 1 gallon of the advanced biofuel (as measured under conditions determined by the Secretary); bears toCommentsClose CommentsPermalink
(B) the number of British thermal units of energy produced by the combustion of 1 gallon of pure ethanol (as measured under conditions determined by the Secretary to be comparable to conditions described in subparagraph (A)).CommentsClose CommentsPermalink
(3) TRANSITIONAL ENERGY-RELATED CONVERSION FACTORS FOR CELLULOSIC BIOMASS ETHANOL- For any of calendar years 2008 through 2015, 1 gallon of cellulosic biomass ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.CommentsClose CommentsPermalink
(d) Credit Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The President, in consultation with the Secretary and the Administrator of the Environmental Protection Agency, shall implement a credit program to manage the renewable fuel requirement of this section in a manner consistent with the credit program established by the amendment made by section 1501(a)(2) of the Energy Policy Act of 2005 (
(2) MARKET TRANSPARENCY- In carrying out the credit program under this subsection, the President shall facilitate price transparency in markets for the sale and trade of credits, with due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers and agricultural producers.CommentsClose CommentsPermalink
(e) Seasonal Variations in Renewable Fuel Use-CommentsClose CommentsPermalink
(1) STUDY- For each of calendar years 2008 through 2022, the Administrator of the Energy Information Administration shall conduct a study of renewable fuel blending to determine whether there are excessive seasonal variations in the use of renewable fuel.CommentsClose CommentsPermalink
(2) REGULATION OF EXCESSIVE SEASONAL VARIATIONS- If, for any calendar year, the Administrator of the Energy Information Administration, based on the study under paragraph (1), makes the determinations specified in paragraph (3), the President shall promulgate regulations to ensure that 25 percent or more of the quantity of renewable fuel necessary to meet the requirements of subsection (a) is used during each of the 2 periods specified in paragraph (4) of each subsequent calendar year.CommentsClose CommentsPermalink
(3) DETERMINATIONS- The determinations referred to in paragraph (2) are that--CommentsClose CommentsPermalink
(A) less than 25 percent of the quantity of renewable fuel necessary to meet the requirements of subsection (a) has been used during 1 of the 2 periods specified in paragraph (4) of the calendar year;CommentsClose CommentsPermalink
(B) a pattern of excessive seasonal variation described in subparagraph (A) will continue in subsequent calendar years; andCommentsClose CommentsPermalink
(C) promulgating regulations or other requirements to impose a 25 percent or more seasonal use of renewable fuels will not significantly--CommentsClose CommentsPermalink
(i) increase the price of motor fuels to the consumer; orCommentsClose CommentsPermalink
(ii) prevent or interfere with the attainment of national ambient air quality standards.CommentsClose CommentsPermalink
(4) PERIODS- The 2 periods referred to in this subsection are--CommentsClose CommentsPermalink
(A) April through September; andCommentsClose CommentsPermalink
(B) January through March and October through December.CommentsClose CommentsPermalink
(f) Waivers-CommentsClose CommentsPermalink
(1) IN GENERAL- The President, in consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, may waive the requirements of subsection (a) in whole or in part on petition by one or more States by reducing the national quantity of renewable fuel required under subsection (a), based on a determination by the President (after public notice and opportunity for comment), that--CommentsClose CommentsPermalink
(A) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; orCommentsClose CommentsPermalink
(B) extreme and unusual circumstances exist that prevent distribution of an adequate supply of domestically-produced renewable fuel to consumers in the United States.CommentsClose CommentsPermalink
(2) PETITIONS FOR WAIVERS- The President, in consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, shall approve or disapprove a State petition for a waiver of the requirements of subsection (a) within 90 days after the date on which the petition is received by the President.CommentsClose CommentsPermalink
(3) TERMINATION OF WAIVERS- A waiver granted under paragraph (1) shall terminate after 1 year, but may be renewed by the President after consultation with the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(4) REPORT TO CONGRESS- If the Secretary makes a determination under paragraph (1)(B) that railroad transportation of domestically-produced renewable fuel is inadequate, based on either the service provided by, or the price of, the railroad transportation, the President shall submit to Congress a report that describes--CommentsClose CommentsPermalink
(A) the actions the Federal Government is taking, or will take, to address the inadequacy, including a description of the specific powers of the applicable Federal agencies; andCommentsClose CommentsPermalink
(B) if the President finds that there are inadequate Federal powers to address the railroad service or pricing inadequacies, recommendations for legislation to provide appropriate powers to Federal agencies to address the inadequacies.CommentsClose CommentsPermalink
(g) Small Refineries-CommentsClose CommentsPermalink
(1) TEMPORARY EXEMPTION-CommentsClose CommentsPermalink
(A) IN GENERAL- The requirements of subsection (a) shall not apply to--CommentsClose CommentsPermalink
(i) small refineries (other than a small refinery described in clause (ii)) until calendar year 2013; andCommentsClose CommentsPermalink
(ii) small refineries owned by a small business refiner (as defined in section 45H(c) of the Internal Revenue Code of 1986) until calendar year 2015.CommentsClose CommentsPermalink
(B) EXTENSION OF EXEMPTION-CommentsClose CommentsPermalink
(i) STUDY BY SECRETARY- Not later than December 31, 2008, the Secretary shall submit to the President and Congress a report describing the results of a study to determine whether compliance with the requirements of subsection (a) would impose a disproportionate economic hardship on small refineries.CommentsClose CommentsPermalink
(ii) EXTENSION OF EXEMPTION- In the case of a small refinery that the Secretary determines under clause (i) would be subject to a disproportionate economic hardship if required to comply with subsection (a), the President shall extend the exemption under subparagraph (A) for the small refinery for a period of not less than 2 additional years.CommentsClose CommentsPermalink
(2) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC HARDSHIP-CommentsClose CommentsPermalink
(A) EXTENSION OF EXEMPTION- A small refinery may at any time petition the President for an extension of the exemption under paragraph (1) for the reason of disproportionate economic hardship.CommentsClose CommentsPermalink
(B) EVALUATION OF PETITIONS- In evaluating a petition under subparagraph (A), the President, in consultation with the Secretary, shall consider the findings of the study under paragraph (1)(B) and other economic factors.CommentsClose CommentsPermalink
(C) DEADLINE FOR ACTION ON PETITIONS- The President shall act on any petition submitted by a small refinery for a hardship exemption not later than 90 days after the date of receipt of the petition.CommentsClose CommentsPermalink
(3) OPT-IN FOR SMALL REFINERIES- A small refinery shall be subject to the requirements of subsection (a) if the small refinery notifies the President that the small refinery waives the exemption under paragraph (1).CommentsClose CommentsPermalink
(h) Penalties and Enforcement-CommentsClose CommentsPermalink
(1) CIVIL PENALTIES-CommentsClose CommentsPermalink
(A) IN GENERAL- Any person that violates a regulation promulgated under subsection (a), or that fails to furnish any information required under such a regulation, shall be liable to the United States for a civil penalty of not more than the total of--CommentsClose CommentsPermalink
(i) $25,000 for each day of the violation; andCommentsClose CommentsPermalink
(ii) the amount of economic benefit or savings received by the person resulting from the violation, as determined by the President.CommentsClose CommentsPermalink
(B) COLLECTION- Civil penalties under subparagraph (A) shall be assessed by, and collected in a civil action brought by, the Secretary or such other officer of the United States as is designated by the President.CommentsClose CommentsPermalink
(2) INJUNCTIVE AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The district courts of the United States shall have jurisdiction to--CommentsClose CommentsPermalink
(i) restrain a violation of a regulation promulgated under subsection (a);CommentsClose CommentsPermalink
(ii) award other appropriate relief; andCommentsClose CommentsPermalink
(iii) compel the furnishing of information required under the regulation.CommentsClose CommentsPermalink
(B) ACTIONS- An action to restrain such violations and compel such actions shall be brought by and in the name of the United States.CommentsClose CommentsPermalink
(C) SUBPOENAS- In the action, a subpoena for a witness who is required to attend a district court in any district may apply in any other district.CommentsClose CommentsPermalink
(i) Voluntary Labeling Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall establish criteria for a system of voluntary labeling of renewable fuels based on life cycle greenhouse gas emissions.CommentsClose CommentsPermalink
(2) CONSUMER EDUCATION- The President shall ensure that the labeling system under this subsection provides useful information to consumers making fuel purchases.CommentsClose CommentsPermalink
(3) FLEXIBILITY- In carrying out this subsection, the President may establish more than 1 label, as appropriate.CommentsClose CommentsPermalink
(j) Effective Date- Except as otherwise specifically provided in this section, this section takes effect on January 1, 2008.CommentsClose CommentsPermalink
SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE ENERGY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FACILITY- The term `facility' means a facility used for the production of renewable fuel.CommentsClose CommentsPermalink
(2) RENEWABLE ENERGY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `renewable energy' has the meaning given the term in section 203(b) of the Energy Policy Act of 2005 (
(B) INCLUSION- The term `renewable energy' includes biogas produced through the conversion of organic matter from renewable biomass.CommentsClose CommentsPermalink
(b) Additional Credit-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall provide a credit under the program established under section 111(d) to the owner of a facility that uses renewable energy to displace more than 90 percent of the fossil fuel normally used in the production of renewable fuel.CommentsClose CommentsPermalink
(2) CREDIT AMOUNT- The President may provide the credit in a quantity that is not more than the equivalent of 1.5 gallons of renewable fuel for each gallon of renewable fuel produced in a facility described in paragraph (1).CommentsClose CommentsPermalink
Subtitle B--Renewable Fuels Infrastructure
SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.
(a) In General- The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall establish a competitive grant pilot program (referred to in this section as the `pilot program'), to be administered through the Vehicle Technology Deployment Program of the Department of Energy, to provide not more than 10 geographically-dispersed project grants to State governments, Indian tribal governments, local governments, metropolitan transportation authorities, or partnerships of those entities to carry out 1 or more projects for the purposes described in subsection (b).CommentsClose CommentsPermalink
(b) Grant Purposes- A grant under this section shall be used for the establishment of refueling infrastructure corridors, as designated by the Secretary, for gasoline blends that contain not less than 11 percent, and not more than 85 percent, renewable fuel or diesel fuel that contains at least 10 percent renewable fuel, including--CommentsClose CommentsPermalink
(1) installation of infrastructure and equipment necessary to ensure adequate distribution of renewable fuels within the corridor;CommentsClose CommentsPermalink
(2) installation of infrastructure and equipment necessary to directly support vehicles powered by renewable fuels; andCommentsClose CommentsPermalink
(3) operation and maintenance of infrastructure and equipment installed as part of a project funded by the grant.CommentsClose CommentsPermalink
(c) Applications-CommentsClose CommentsPermalink
(1) REQUIREMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), not later than 90 days after the date of enactment of this Act, the Secretary shall issue requirements for use in applying for grants under the pilot program.CommentsClose CommentsPermalink
(B) MINIMUM REQUIREMENTS- At a minimum, the Secretary shall require that an application for a grant under this section--CommentsClose CommentsPermalink
(i) be submitted by--CommentsClose CommentsPermalink
(I) the head of a State, tribal, or local government or a metropolitan transportation authority, or any combination of those entities; andCommentsClose CommentsPermalink
(II) a registered participant in the Vehicle Technology Deployment Program of the Department of Energy; andCommentsClose CommentsPermalink
(ii) include--CommentsClose CommentsPermalink
(I) a description of the project proposed in the application, including the ways in which the project meets the requirements of this section;CommentsClose CommentsPermalink
(II) an estimate of the degree of use of the project, including the estimated size of fleet of vehicles operated with renewable fuel available within the geographic region of the corridor, measured as a total quantity and a percentage;CommentsClose CommentsPermalink
(III) an estimate of the potential petroleum displaced as a result of the project (measured as a total quantity and a percentage), and a plan to collect and disseminate petroleum displacement and other relevant data relating to the project to be funded under the grant, over the expected life of the project;CommentsClose CommentsPermalink
(IV) a description of the means by which the project will be sustainable without Federal assistance after the completion of the term of the grant;CommentsClose CommentsPermalink
(V) a complete description of the costs of the project, including acquisition, construction, operation, and maintenance costs over the expected life of the project; andCommentsClose CommentsPermalink
(VI) a description of which costs of the project will be supported by Federal assistance under this subsection.CommentsClose CommentsPermalink
(2) PARTNERS- An applicant under paragraph (1) may carry out a project under the pilot program in partnership with public and private entities.CommentsClose CommentsPermalink
(d) Selection Criteria- In evaluating applications under the pilot program, the Secretary shall--CommentsClose CommentsPermalink
(1) consider the experience of each applicant with previous, similar projects; andCommentsClose CommentsPermalink
(2) give priority consideration to applications that--CommentsClose CommentsPermalink
(A) are most likely to maximize displacement of petroleum consumption, measured as a total quantity and a percentage;CommentsClose CommentsPermalink
(B) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the use of advanced biofuels;CommentsClose CommentsPermalink
(C) demonstrate the greatest commitment on the part of the applicant to ensure funding for the proposed project and the greatest likelihood that the project will be maintained or expanded after Federal assistance under this subsection is completed;CommentsClose CommentsPermalink
(D) represent a partnership of public and private entities; andCommentsClose CommentsPermalink
(E) exceed the minimum requirements of subsection (c)(1)(B).CommentsClose CommentsPermalink
(e) Pilot Project Requirements-CommentsClose CommentsPermalink
(1) MAXIMUM AMOUNT- The Secretary shall provide not more than $20,000,000 in Federal assistance under the pilot program to any applicant.CommentsClose CommentsPermalink
(2) COST SHARING- The non-Federal share of the cost of any activity relating to renewable fuel infrastructure development carried out using funds from a grant under this section shall be not less than 20 percent.CommentsClose CommentsPermalink
(3) MAXIMUM PERIOD OF GRANTS- The Secretary shall not provide funds to any applicant under the pilot program for more than 2 years.CommentsClose CommentsPermalink
(4) DEPLOYMENT AND DISTRIBUTION- The Secretary shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of project sites funded by grants under this section.CommentsClose CommentsPermalink
(5) TRANSFER OF INFORMATION AND KNOWLEDGE- The Secretary shall establish mechanisms to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.CommentsClose CommentsPermalink
(f) Schedule-CommentsClose CommentsPermalink
(1) INITIAL GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for applications to carry out projects under the pilot program.CommentsClose CommentsPermalink
(B) DEADLINE- An application described in subparagraph (A) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that subparagraph.CommentsClose CommentsPermalink
(C) INITIAL SELECTION- Not later than 90 days after the date by which applications for grants are due under subparagraph (B), the Secretary shall select by competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the pilot program.CommentsClose CommentsPermalink
(2) ADDITIONAL GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, and such other publications as the Secretary considers to be appropriate, a notice and request for additional applications to carry out projects under the pilot program that incorporate the information and knowledge obtained through the implementation of the first round of projects authorized under the pilot program.CommentsClose CommentsPermalink
(B) DEADLINE- An application described in subparagraph (A) shall be submitted to the Secretary by not later than 180 days after the date of publication of the notice under that subparagraph.CommentsClose CommentsPermalink
(C) INITIAL SELECTION- Not later than 90 days after the date by which applications for grants are due under subparagraph (B), the Secretary shall select by competitive, peer-reviewed proposal such additional applications for projects to be awarded a grant under the pilot program as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(g) Reports to Congress-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 60 days after the date on which grants are awarded under this section, the Secretary shall submit to Congress a report containing--CommentsClose CommentsPermalink
(A) an identification of the grant recipients and a description of the projects to be funded under the pilot program;CommentsClose CommentsPermalink
(B) an identification of other applicants that submitted applications for the pilot program but to which funding was not provided; andCommentsClose CommentsPermalink
(C) a description of the mechanisms used by the Secretary to ensure that the information and knowledge gained by participants in the pilot program are transferred among the pilot program participants and to other interested parties, including other applicants that submitted applications.CommentsClose CommentsPermalink
(2) EVALUATION- Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program, the Secretary shall submit to Congress a report containing an evaluation of the effectiveness of the pilot program, including an assessment of the petroleum displacement and benefits to the environment derived from the projects included in the pilot program.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $200,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 931(c) of the Energy Policy Act of 2005 (
(1) in paragraph (2), by striking `$251,000,000' and inserting `$377,000,000'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by striking `$274,000,000' and inserting `$398,000,000'.CommentsClose CommentsPermalink
SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (
SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.
(a) In General- Section 1703 of the Energy Policy Act of 2005 (
`(f) Renewable Fuel Facilities-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may make guarantees under this title for projects that produce advanced biofuel (as defined in section 102 of the Biofuels for Energy Security and Transportation Act of 2007).CommentsClose CommentsPermalink
`(2) REQUIREMENTS- A project under this subsection shall employ new or significantly improved technologies for the production of renewable fuels as compared to commercial technologies in service in the United States at the time that the guarantee is issued.CommentsClose CommentsPermalink
`(3) ISSUANCE OF FIRST LOAN GUARANTEES- The requirement of section 20320(b) of division B of the Continuing Appropriations Resolution, 2007 (
`(4) PROJECT DESIGN- A project for which a guarantee is made under this subsection shall have a project design that has been validated through the operation of a continuous process pilot facility with an annual output of at least 50,000 gallons of ethanol or the energy equivalent volume of other advanced biofuels.CommentsClose CommentsPermalink
`(5) MAXIMUM GUARANTEED PRINCIPAL- The total principal amount of a loan guaranteed under this subsection may not exceed $250,000,000 for a single facility.CommentsClose CommentsPermalink
`(6) AMOUNT OF GUARANTEE- The Secretary shall guarantee 100 percent of the principal and interest due on 1 or more loans made for a facility that is the subject of the guarantee under paragraph (3).CommentsClose CommentsPermalink
`(7) DEADLINE- The Secretary shall approve or disapprove an application for a guarantee under this subsection not later than 90 days after the date of receipt of the application.CommentsClose CommentsPermalink
`(8) REPORT- Not later than 30 days after approving or disapproving an application under paragraph (7), the Secretary shall submit to Congress a report on the approval or disapproval (including the reasons for the action).'.CommentsClose CommentsPermalink
(b) Improvements to Underlying Loan Guarantee Authority-CommentsClose CommentsPermalink
(1) DEFINITION OF COMMERCIAL TECHNOLOGY- Section 1701(1) of the Energy Policy Act of 2005 (
`(B) EXCLUSION- The term `commercial technology' does not include a technology if the sole use of the technology is in connection with--CommentsClose CommentsPermalink
`(i) a demonstration plant; orCommentsClose CommentsPermalink
`(ii) a project for which the Secretary approved a loan guarantee.'.CommentsClose CommentsPermalink
(2) SPECIFIC APPROPRIATION OR CONTRIBUTION- Section 1702 of the Energy Policy Act of 2005 (
`(b) Specific Appropriation or Contribution-CommentsClose CommentsPermalink
`(1) IN GENERAL- No guarantee shall be made unless--CommentsClose CommentsPermalink
`(A) an appropriation for the cost has been made; orCommentsClose CommentsPermalink
`(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury.CommentsClose CommentsPermalink
`(2) LIMITATION- The source of payments received from a borrower under paragraph (1)(B) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.CommentsClose CommentsPermalink
`(3) RELATION TO OTHER LAWS- Section 504(b) of the Federal Credit Reform Act of 1990 (
(3) AMOUNT- Section 1702 of the Energy Policy Act of 2005 (
`(c) Amount-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall guarantee up to 100 percent of the principal and interest due on 1 or more loans for a facility that are the subject of the guarantee.CommentsClose CommentsPermalink
`(2) LIMITATION- The total amount of loans guaranteed for a facility by the Secretary shall not exceed 80 percent of the total cost of the facility, as estimated at the time at which the guarantee is issued.'.CommentsClose CommentsPermalink
(4) SUBROGATION- Section 1702(g)(2) of the Energy Policy Act of 2005 (
(A) by striking subparagraph (B); andCommentsClose CommentsPermalink
(B) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink
(5) FEES- Section 1702(h) of the Energy Policy Act of 2005 (
`(2) AVAILABILITY- Fees collected under this subsection shall--CommentsClose CommentsPermalink
`(A) be deposited by the Secretary into a special fund in the Treasury to be known as the `Incentives For Innovative Technologies Fund'; andCommentsClose CommentsPermalink
`(B) remain available to the Secretary for expenditure, without further appropriation or fiscal year limitation, for administrative expenses incurred in carrying out this title.'.CommentsClose CommentsPermalink
SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT IN CERTAIN STATES.
(a) In General- The Secretary shall provide grants to eligible entities to conduct research into, and develop and implement, renewable fuel production technologies in States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol, as determined by the Secretary.CommentsClose CommentsPermalink
(b) Eligibility- To be eligible to receive a grant under the section, an entity shall--CommentsClose CommentsPermalink
(1)(A) be an institution of higher education (as defined in section 2 of the Energy Policy Act of 2005 (
(B) be an institution--CommentsClose CommentsPermalink
(i) referred to in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (
(ii) that is eligible for a grant under the Tribally Controlled College or University Assistance Act of 1978 (
(iii) that is eligible for a grant under the Navajo Community College Act (
(C) be a consortium of such institutions of higher education, industry, State agencies, Indian tribal agencies, or local government agencies located in the State; andCommentsClose CommentsPermalink
(2) have proven experience and capabilities with relevant technologies.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink
SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF BIOMASS TO LOCAL BIOREFINERIES.
(a) In General- The Secretary shall conduct a program under which the Secretary shall provide grants to Indian tribal and local governments and other eligible entities (as determined by the Secretary) (referred to in this section as `eligible entities') to promote the development of infrastructure to support the separation, production, processing, and transportation of biomass to local biorefineries.CommentsClose CommentsPermalink
(b) Phases- The Secretary shall conduct the program in the following phases:CommentsClose CommentsPermalink
(1) DEVELOPMENT- In the first phase of the program, the Secretary shall make grants to eligible entities to assist the eligible entities in the development of local projects to promote the development of infrastructure to support the separation, production, processing, and transportation of biomass to local biorefineries.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- In the second phase of the program, the Secretary shall make competitive grants to eligible entities to implement projects developed under paragraph (1).CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 127. BIOREFINERY INFORMATION CENTER.
(a) In General- The Secretary, in cooperation with the Secretary of Agriculture, shall establish a biorefinery information center to make available to interested parties information on--CommentsClose CommentsPermalink
(1) renewable fuel resources, including information on programs and incentives for renewable fuels;CommentsClose CommentsPermalink
(2) renewable fuel producers;CommentsClose CommentsPermalink
(3) renewable fuel users; andCommentsClose CommentsPermalink
(4) potential renewable fuel users.CommentsClose CommentsPermalink
(b) Administration- In administering the biorefinery information center, the Secretary shall--CommentsClose CommentsPermalink
(1) continually update information provided by the center;CommentsClose CommentsPermalink
(2) make information available to interested parties on the process for establishing a biorefinery; andCommentsClose CommentsPermalink
(3) make information and assistance provided by the center available through a toll-free telephone number and website.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.
The Secretary and the Director of the National Institute of Standards and Technology shall jointly establish and make available to the public--CommentsClose CommentsPermalink
(1) a database that describes the physical properties of different types of alternative fuel; andCommentsClose CommentsPermalink
(2) standard reference materials for different types of alternative fuel.CommentsClose CommentsPermalink
SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.
Section 406(a) of the Energy Policy Act of 1992 (
(1) by striking `The Federal Trade Commission' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- The Federal Trade Commission'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(2) FUEL TANK CAP LABELING REQUIREMENT- Beginning with model year 2010, the fuel tank cap of each alternative fueled vehicle manufactured for sale in the United States shall be clearly labeled to inform consumers that such vehicle can operate on alternative fuel.'.CommentsClose CommentsPermalink
SEC. 130. BIODIESEL.
(a) In General- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 5 percent the proportion of diesel fuel sold in the United States that is biodiesel (as defined in section 757 of the Energy Policy Act of 2005 (
(b) Regulations- The President shall promulgate regulations providing for the uniform labeling of biodiesel blends that are certified to meet applicable standards published by the American Society for Testing and Materials.CommentsClose CommentsPermalink
(c) National Biodiesel Fuel Quality Standard-CommentsClose CommentsPermalink
(1) QUALITY REGULATIONS- Within 180 days following the date of enactment of this Act, the President shall promulgate regulations to ensure that only biodiesel that is tested and certified to comply with the American Society for Testing and Materials (ASTM) 6751 standard is introduced into interstate commerce.CommentsClose CommentsPermalink
(2) ENFORCEMENT- The President shall ensure that all biodiesel entering interstate commerce meets the requirements of paragraph (1).CommentsClose CommentsPermalink
(3) FUNDING- There are authorized to be appropriated to the President to carry out this section:CommentsClose CommentsPermalink
(A) $3,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
(B) $3,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
(C) $3,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
Subtitle C--Studies
SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.
(a) In General- Not later than October 1, 2012, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the Academy shall conduct a study of technologies relating to the production, transportation, and distribution of advanced biofuels.CommentsClose CommentsPermalink
(b) Scope- In conducting the study, the Academy shall--CommentsClose CommentsPermalink
(1) include an assessment of the maturity of advanced biofuels technologies;CommentsClose CommentsPermalink
(2) consider whether the rate of development of those technologies will be sufficient to meet the advanced biofuel standards required under section 111;CommentsClose CommentsPermalink
(3) consider the effectiveness of the research and development programs and activities of the Department of Energy relating to advanced biofuel technologies; andCommentsClose CommentsPermalink
(4) make policy recommendations to accelerate the development of those technologies to commercial viability, as appropriate.CommentsClose CommentsPermalink
(c) Report- Not later than November 30, 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General- The Secretary, in cooperation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, and after providing notice and an opportunity for public comment, shall conduct a study of the feasibility of increasing consumption in the United States of ethanol-blended gasoline with levels of ethanol that are not less than 10 percent and not more than 40 percent.CommentsClose CommentsPermalink
(b) Study- The study under subsection (a) shall include--CommentsClose CommentsPermalink
(1) a review of production and infrastructure constraints on increasing consumption of ethanol;CommentsClose CommentsPermalink
(2) an evaluation of the economic, market, and energy-related impacts of State and regional differences in ethanol blends;CommentsClose CommentsPermalink
(3) an evaluation of the economic, market, and energy-related impacts on gasoline retailers and consumers of separate and distinctly labeled fuel storage facilities and dispensers;CommentsClose CommentsPermalink
(4) an evaluation of the environmental impacts of mid-level ethanol blends on evaporative and exhaust emissions from on-road, off-road, and marine engines, recreational boats, vehicles, and equipment;CommentsClose CommentsPermalink
(5) an evaluation of the impacts of mid-level ethanol blends on the operation, durability, and performance of on-road, off-road, and marine engines, recreational boats, vehicles, and equipment; andCommentsClose CommentsPermalink
(6) an evaluation of the safety impacts of mid-level ethanol blends on consumers that own and operate off-road and marine engines, recreational boats, vehicles, or equipment.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 143. PIPELINE FEASIBILITY STUDY.
(a) In General- The Secretary, in coordination with the Secretary of Agriculture and the Secretary of Transportation, shall conduct a study of the feasibility of the construction of dedicated ethanol pipelines.CommentsClose CommentsPermalink
(b) Factors- In conducting the study, the Secretary shall consider--CommentsClose CommentsPermalink
(1) the quantity of ethanol production that would make dedicated pipelines economically viable;CommentsClose CommentsPermalink
(2) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers;CommentsClose CommentsPermalink
(3) market risk (including throughput risk) and means of mitigating the risk;CommentsClose CommentsPermalink
(4) regulatory, financing, and siting options that would mitigate risk in those areas and help ensure the construction of 1 or more dedicated ethanol pipelines;CommentsClose CommentsPermalink
(5) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the initial dedicated ethanol pipelines will require to invest in the pipelines;CommentsClose CommentsPermalink
(6) technical factors that may compromise the safe transportation of ethanol in pipelines, identifying remedial and preventative measures to ensure pipeline integrity; andCommentsClose CommentsPermalink
(7) such other factors as the Secretary considers appropriate.CommentsClose CommentsPermalink
(c) Report- Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 FUEL.
(a) In General- The Secretary shall conduct a study of methods of increasing the fuel efficiency of flexible fueled vehicles by optimizing flexible fueled vehicles to operate using E-85 fuel.CommentsClose CommentsPermalink
(b) Report- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study, including any recommendations of the Secretary.CommentsClose CommentsPermalink
SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC VEHICLES.
(a) Definition of Electric Vehicle- In this section, the term `electric vehicle' means an electric motor vehicle (as defined in section 601 of the Energy Policy Act of 1992 (
(1) receives a charge directly from a source of electric current that is external to the vehicle; andCommentsClose CommentsPermalink
(2) provides a minimum of 80 percent of the motive power of the vehicle.CommentsClose CommentsPermalink
(b) Study- The Secretary shall conduct a study on the feasibility of issuing credits under the program established under section 111(d) to electric vehicles powered by electricity produced from renewable energy sources.CommentsClose CommentsPermalink
(c) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study, including a description of--CommentsClose CommentsPermalink
(1) existing programs and studies on the use of renewable electricity as a means of powering electric vehicles; andCommentsClose CommentsPermalink
(2) alternatives for--CommentsClose CommentsPermalink
(A) designing a pilot program to determine the feasibility of using renewable electricity to power electric vehicles as an adjunct to a renewable fuels mandate;CommentsClose CommentsPermalink
(B) allowing the use, under the pilot program designed under subparagraph (A), of electricity generated from nuclear energy as an additional source of supply;CommentsClose CommentsPermalink
(C) identifying the source of electricity used to power electric vehicles; andCommentsClose CommentsPermalink
(D) equating specific quantities of electricity to quantities of renewable fuel under section 111(d).CommentsClose CommentsPermalink
SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF BIODIESEL.
(a) In General- Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study on the effects of the use of biodiesel on engine durability.CommentsClose CommentsPermalink
(b) Components- The study under this section shall include--CommentsClose CommentsPermalink
(1) an assessment of whether the use of biodiesel in conventional diesel engines lessens engine durability; andCommentsClose CommentsPermalink
(2) an assessment of the effects referred to in subsection (a) with respect to biodiesel blends at varying concentrations, including--CommentsClose CommentsPermalink
(A) B5;CommentsClose CommentsPermalink
(B) B10;CommentsClose CommentsPermalink
(C) B20; andCommentsClose CommentsPermalink
(D) B30.CommentsClose CommentsPermalink
SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.
(a) Study- The President shall conduct a study of the renewable fuels industry and markets in the United States, including--CommentsClose CommentsPermalink
(1) the costs to produce conventional and advanced biofuels;CommentsClose CommentsPermalink
(2) the factors affecting the future market prices for those biofuels, including world oil prices; andCommentsClose CommentsPermalink
(3) the financial incentives necessary to enhance, to the maximum extent practicable, the biofuels industry of the United States to reduce the dependence of the United States on foreign oil during calendar years 2011 through 2030.CommentsClose CommentsPermalink
(b) Goals- The study shall include an analysis of the options for financial incentives and the advantage and disadvantages of each option.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a report that describes the results of the study.CommentsClose CommentsPermalink
SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR THE EVALUATION OF RENEWABLE CARBON CONTENT OF BIOFUELS.
(a) In General- The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall conduct a study of--CommentsClose CommentsPermalink
(1) published methods for evaluating the lifecycle fossil and renewable carbon content of fuels, including conventional and advanced biofuels; andCommentsClose CommentsPermalink
(2) methods for performing simplified, streamlined lifecycle analyses of the fossil and renewable carbon content of biofuels.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under subsection (a), including recommendations for a method for performing a simplified, streamlined lifecycle analysis of the fossil and renewable carbon content of biofuels that includes--CommentsClose CommentsPermalink
(1) carbon inputs to feedstock production; andCommentsClose CommentsPermalink
(2) carbon inputs to the biofuel production process, including the carbon associated with electrical and thermal energy inputs.CommentsClose CommentsPermalink
SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Secretary of Transportation, shall conduct a study of the adequacy of railroad transportation of domestically-produced renewable fuel.CommentsClose CommentsPermalink
(2) COMPONENTS- In conducting the study under paragraph (1), the Secretary shall consider--CommentsClose CommentsPermalink
(A) the adequacy of, and appropriate location for, tracks that have sufficient capacity, and are in the appropriate condition, to move the necessary quantities of domestically-produced renewable fuel within the timeframes required by section 111;CommentsClose CommentsPermalink
(B) the adequacy of the supply of railroad tank cars, locomotives, and rail crews to move the necessary quantities of domestically-produced renewable fuel in a timely fashion;CommentsClose CommentsPermalink
(C)(i) the projected costs of moving the domestically-produced renewable fuel using railroad transportation; andCommentsClose CommentsPermalink
(ii) the impact of the projected costs on the marketability of the domestically-produced renewable fuel;CommentsClose CommentsPermalink
(D) whether there is adequate railroad competition to ensure--CommentsClose CommentsPermalink
(i) a fair price for the railroad transportation of domestically-produced renewable fuel; andCommentsClose CommentsPermalink
(ii) acceptable levels of service for railroad transportation of domestically-produced renewable fuel;CommentsClose CommentsPermalink
(E) any rail infrastructure capital costs that the railroads indicate should be paid by the producers or distributors of domestically-produced renewable fuel;CommentsClose CommentsPermalink
(F) whether Federal agencies have adequate legal authority to ensure a fair and reasonable transportation price and acceptable levels of service in cases in which the domestically-produced renewable fuel source does not have access to competitive rail service;CommentsClose CommentsPermalink
(G) whether Federal agencies have adequate legal authority to address railroad service problems that may be resulting in inadequate supplies of domestically-produced renewable fuel in any area of the United States; andCommentsClose CommentsPermalink
(H) any recommendations for any additional legal authorities for Federal agencies to ensure the reliable railroad transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices.CommentsClose CommentsPermalink
(b) Report- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study conducted under subsection (a).CommentsClose CommentsPermalink
SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF ROAD VEHICLES.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall conduct a study to determine the effects of ethanol-blended gasoline on off-road vehicles and recreational boats.CommentsClose CommentsPermalink
(2) EVALUATION- The study shall include an evaluation of the operational, safety, durability, and environmental impacts of ethanol-blended gasoline on off-road and marine engines, recreational boats, and related equipment.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study.CommentsClose CommentsPermalink
TITLE II--ENERGY EFFICIENCY PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the `Energy Efficiency Promotion Act of 2007'.CommentsClose CommentsPermalink
SEC. 202. DEFINITION OF SECRETARY.
In this title, the term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink
Subtitle A--Promoting Advanced Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT LIGHTING.
Section 553 of the National Energy Conservation Policy Act (
`(f) Accelerated Procurement of Energy Efficient Lighting-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than October 1, 2013, in accordance with guidelines issued by the Secretary, all general purpose lighting in Federal buildings shall be Energy Star products or products designated under the Federal Energy Management Program.CommentsClose CommentsPermalink
`(2) GUIDELINES-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidelines to carry out this subsection.CommentsClose CommentsPermalink
`(B) REPLACEMENT COSTS- The guidelines shall take into consideration the costs of replacing all general service lighting and the reduced cost of operation and maintenance expected to result from such replacement.'.CommentsClose CommentsPermalink
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (
(1) in paragraph (30)(C)(ii)--CommentsClose CommentsPermalink
(A) in the matter preceding subclause (I)--CommentsClose CommentsPermalink
(i) by striking `or similar bulb shapes (excluding ER or BR)' and inserting `ER, BR, BPAR, or similar bulb shapes'; andCommentsClose CommentsPermalink
(ii) by striking `2.75' and inserting `2.25'; andCommentsClose CommentsPermalink
(B) by striking `is either--' and all that follows through subclause (II) and inserting `has a rated wattage that is 40 watts or higher'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(52) BPAR INCANDESCENT REFLECTOR LAMP- The term `BPAR incandescent reflector lamp' means a reflector lamp as shown in figure C78.21-278 on page 32 of ANSI C78.21-2003.CommentsClose CommentsPermalink
`(53) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40-CommentsClose CommentsPermalink
`(A) BR INCANDESCENT REFLECTOR LAMP- The term `BR incandescent reflector lamp' means a reflector lamp that has--CommentsClose CommentsPermalink
`(i) a bulged section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); andCommentsClose CommentsPermalink
`(ii) a finished size and shape shown in ANSI C78.21-1989, including the referenced reflective characteristics in part 7 of ANSI C78.21-1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).CommentsClose CommentsPermalink
`(B) BR30- The term `BR30' means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch.CommentsClose CommentsPermalink
`(C) BR40- The term `BR40' means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch.CommentsClose CommentsPermalink
`(54) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40-CommentsClose CommentsPermalink
`(A) ER INCANDESCENT REFLECTOR LAMP- The term `ER incandescent reflector lamp' means a reflector lamp that has--CommentsClose CommentsPermalink
`(i) an elliptical section below the major diameter of the bulb and above the approximate baseline of the bulb, as shown in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); andCommentsClose CommentsPermalink
`(ii) a finished size and shape shown in ANSI C78.21-1989, incorporated by reference in section 430.22 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).CommentsClose CommentsPermalink
`(B) ER30- The term `ER30' means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.CommentsClose CommentsPermalink
`(C) ER40- The term `ER40' means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.CommentsClose CommentsPermalink
`(55) R20 INCANDESCENT REFLECTOR LAMP- The term `R20 incandescent reflector lamp' means a reflector lamp that has a face diameter of approximately 2.5 inches, as shown in figure 1(R) on page 7 of ANSI C79.1-1994.'.CommentsClose CommentsPermalink
(b) Standards for Fluorescent Lamps and Incandescent Reflector Lamps- Section 325(i) of the Energy Policy and Conservation Act (
`(1) STANDARDS-CommentsClose CommentsPermalink
`(A) DEFINITION OF EFFECTIVE DATE- In this paragraph (other than subparagraph (D)), the term `effective date' means, with respect to each type of lamp specified in a table contained in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that follows October 24, 1992.CommentsClose CommentsPermalink
`(B) MINIMUM STANDARDS- Each of the following general service fluorescent lamps and incandescent reflector lamps manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the following lamp efficacy and CRI standards:CommentsClose CommentsPermalink
`FLUORESCENT LAMPSCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months) CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
4-foot medium bi-pin >35 W 69 75.0 36 CommentsClose CommentsPermalink
45 75.0 36 CommentsClose CommentsPermalink
2-foot U-shaped >35 W 69 68.0 36 CommentsClose CommentsPermalink
45 64.0 36 CommentsClose CommentsPermalink
8-foot slimline 65 W 69 80.0 18 CommentsClose CommentsPermalink
45 80.0 18 CommentsClose CommentsPermalink
8-foot high output >100 W 69 80.0 18 CommentsClose CommentsPermalink
45 80.0 18 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
`INCANDESCENT REFLECTOR LAMPSCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Nominal Lamp Wattage Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months) CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
40-50 10.5 36 CommentsClose CommentsPermalink
51-66 11.0 36 CommentsClose CommentsPermalink
67-85 12.5 36 CommentsClose CommentsPermalink
86-115 14.0 36 CommentsClose CommentsPermalink
116-155 14.5 36 CommentsClose CommentsPermalink
156-205 15.0 36 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
`(C) EXEMPTIONS- The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps:CommentsClose CommentsPermalink
`(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink
`(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink
`(iii) R20 incandescent reflector lamps rated 45 watts or less.CommentsClose CommentsPermalink
`(D) EFFECTIVE DATES-CommentsClose CommentsPermalink
`(i) ER, BR, AND BPAR LAMPS- The standards specified in subparagraph (B) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008.CommentsClose CommentsPermalink
`(ii) LAMPS BETWEEN 2.25-2.75 INCHES IN DIAMETER- The standards specified in subparagraph (B) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after January 1, 2008.'.CommentsClose CommentsPermalink
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment- Not later than 1 year after the date of enactment of this Act, as part of the program carried out under section 1008 of the Energy Policy Act of 2005 (
(b) Prize Specifications-CommentsClose CommentsPermalink
(1) 60-watt INCANDESCENT REPLACEMENT LAMP PRIZE- The Secretary shall award a 60-Watt Incandescent Replacement Lamp Prize to an entrant that produces a solid-state light package simultaneously capable of--CommentsClose CommentsPermalink
(A) producing a luminous flux greater than 900 lumens;CommentsClose CommentsPermalink
(B) consuming less than or equal to 10 watts;CommentsClose CommentsPermalink
(C) having an efficiency greater than 90 lumens per watt;CommentsClose CommentsPermalink
(D) having a color rendering index greater than 90;CommentsClose CommentsPermalink
(E) having a correlated color temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;CommentsClose CommentsPermalink
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;CommentsClose CommentsPermalink
(G) having a light distribution pattern similar to a soft 60-watt incandescent A19 bulb;CommentsClose CommentsPermalink
(H) having a size and shape that fits within the maximum dimensions of an A19 bulb in accordance with American National Standards Institute standard C78.20-2003, figure C78.20-211;CommentsClose CommentsPermalink
(I) using a single contact medium screw socket; andCommentsClose CommentsPermalink
(J) mass production for a competitive sales commercial market satisfied by the submission of 10,000 such units equal to or exceeding the criteria described in subparagraphs (A) through (I).CommentsClose CommentsPermalink
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE- The Secretary shall award a Parabolic Aluminized Reflector Type 38 Halogen Replacement Lamp Prize (referred to in this section as the `PAR Type 38 Halogen Replacement Lamp Prize') to an entrant that produces a solid-state-light package simultaneously capable of--CommentsClose CommentsPermalink
(A) producing a luminous flux greater than or equal to 1,350 lumens;CommentsClose CommentsPermalink
(B) consuming less than or equal to 11 watts;CommentsClose CommentsPermalink
(C) having an efficiency greater than 123 lumens per watt;CommentsClose CommentsPermalink
(D) having a color rendering index greater than or equal to 90;CommentsClose CommentsPermalink
(E) having a correlated color coordinate temperature of not less than 2,750, and not more than 3,000, degrees Kelvin;CommentsClose CommentsPermalink
(F) having 70 percent of the lumen value under subparagraph (A) exceeding 25,000 hours under typical conditions expected in residential use;CommentsClose CommentsPermalink
(G) having a light distribution pattern similar to a PAR 38 halogen lamp;CommentsClose CommentsPermalink
(H) having a size and shape that fits within the maximum dimensions of a PAR 38 halogen lamp in accordance with American National Standards Institute standard C78-21-2003, figure C78.21-238;CommentsClose CommentsPermalink
(I) using a single contact medium screw socket; andCommentsClose CommentsPermalink
(J) mass production for a competitive sales commercial market satisfied by the submission of 10,000 such units equal to or exceeding the criteria described in subparagraphs (A) through (I).CommentsClose CommentsPermalink
(3) TWENTY-FIRST CENTURY LAMP PRIZE- The Secretary shall award a Twenty-First Century Lamp Prize to an entrant that produces a solid-state-light-light capable of--CommentsClose CommentsPermalink
(A) producing a light output greater than 1,200 lumens;CommentsClose CommentsPermalink
(B) having an efficiency greater than 150 lumens per watt;CommentsClose CommentsPermalink
(C) having a color rendering index greater than 90;CommentsClose CommentsPermalink
(D) having a color coordinate temperature between 2,800 and 3,000 degrees Kelvin; andCommentsClose CommentsPermalink
(E) having a lifetime exceeding 25,000 hours.CommentsClose CommentsPermalink
(c) Private Funds- The Secretary may accept and use funding from private sources as part of the prizes awarded under this section.CommentsClose CommentsPermalink
(d) Technical Review- The Secretary shall establish a technical review committee composed of non-Federal officers to review entrant data submitted under this section to determine whether the data meets the prize specifications described in subsection (b).CommentsClose CommentsPermalink
(e) Third Party Administration- The Secretary may competitively select a third party to administer awards under this section.CommentsClose CommentsPermalink
(f) Award Amounts- Subject to the availability of funds to carry out this section, the amount of--CommentsClose CommentsPermalink
(1) the 60-Watt Incandescent Replacement Lamp Prize described in subsection (b)(1) shall be $10,000,000;CommentsClose CommentsPermalink
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in subsection (b)(2) shall be $5,000,000; andCommentsClose CommentsPermalink
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3) shall be $5,000,000.CommentsClose CommentsPermalink
(g) Federal Procurement of Solid-State-Lights-CommentsClose CommentsPermalink
(1) 60-watt INCANDESCENT REPLACEMENT- Subject to paragraph (3), as soon as practicable after the successful award of the 60-Watt Incandescent Replacement Lamp Prize under subsection (b)(1), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with a goal of replacing the use of 60-watt incandescent lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(1) by not later than the date that is 5 years after the date the award is made.CommentsClose CommentsPermalink
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT- Subject to paragraph (3), as soon as practicable after the successful award of the PAR Type 38 Halogen Replacement Lamp Prize under subsection (b)(2), the Secretary (in consultation with the Administrator of General Services) shall develop governmentwide Federal purchase guidelines with the goal of replacing the use of PAR 38 halogen lamps in Federal Government buildings with a solid-state-light package described in subsection (b)(2) by not later than the date that is 5 years after the date the award is made.CommentsClose CommentsPermalink
(3) WAIVERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary or the Administrator of General Services may waive the application of paragraph (1) or (2) if the Secretary or Administrator determines that the return on investment from the purchase of a solid-state-light package described in paragraph (1) or (2) of subsection (b), respectively, is cost prohibitive.CommentsClose CommentsPermalink
(B) REPORT OF WAIVER- If the Secretary or Administrator waives the application of paragraph (1) or (2), the Secretary or Administrator, respectively, shall submit to Congress an annual report that describes the waiver and provides a detailed justification for the waiver.CommentsClose CommentsPermalink
(h) Bright Light Tomorrow Award Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the United States Treasury a Bright Light Tomorrow permanent fund without fiscal year limitation to award prizes under paragraphs (1), (2), and (3) of subsection (b).CommentsClose CommentsPermalink
(2) SOURCES OF FUNDING- The fund established under paragraph (1) shall accept--CommentsClose CommentsPermalink
(A) fiscal year appropriations; andCommentsClose CommentsPermalink
(B) private contributions authorized under subsection (c).CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING STANDARDS.
(a) Findings- The Senate finds that--CommentsClose CommentsPermalink
(1) there are approximately 4,000,000,000 screw-based sockets in the United States that contain traditional, energy-inefficient, incandescent light bulbs;CommentsClose CommentsPermalink
(2) incandescent light bulbs are based on technology that is more than 125 years old;CommentsClose CommentsPermalink
(3) there are radically more efficient lighting alternatives in the market, with the promise of even more choices over the next several years;CommentsClose CommentsPermalink
(4) national policy can support a rapid substitution of new, energy-efficient light bulbs for the less efficient products in widespread use; and,CommentsClose CommentsPermalink
(5) transforming the United States market to use of more efficient lighting technologies can--CommentsClose CommentsPermalink
(A) reduce electric costs in the United States by more than $18,000,000,000 annually;CommentsClose CommentsPermalink
(B) save the equivalent electricity that is produced by 80 base load coal-fired power plants; andCommentsClose CommentsPermalink
(C) reduce fossil fuel related emissions by approximately 158,000,000 tons each year.CommentsClose CommentsPermalink
(b) Sense of the Senate- It is the sense of the Senate that the Senate should--CommentsClose CommentsPermalink
(1) pass a set of mandatory, technology-neutral standards to establish firm energy efficiency performance targets for lighting products;CommentsClose CommentsPermalink
(2) ensure that the standards become effective within the next 10 years; andCommentsClose CommentsPermalink
(3) in developing the standards--CommentsClose CommentsPermalink
(A) establish the efficiency requirements to ensure that replacement lamps will provide consumers with the same quantity of light while using significantly less energy;CommentsClose CommentsPermalink
(B) ensure that consumers will continue to have multiple product choices, including energy-saving halogen, incandescent, compact fluorescent, and LED light bulbs; andCommentsClose CommentsPermalink
(C) work with industry and key stakeholders on measures that can assist consumers and businesses in making the important transition to more efficient lighting.CommentsClose CommentsPermalink
SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ALASKA SMALL HYDROELECTRIC POWER- The term `Alaska small hydroelectric power' means power that--CommentsClose CommentsPermalink
(A) is generated--CommentsClose CommentsPermalink
(i) in the State of Alaska;CommentsClose CommentsPermalink
(ii) without the use of a dam or impoundment of water; andCommentsClose CommentsPermalink
(iii) through the use of--CommentsClose CommentsPermalink
(I) a lake tap (but not a perched alpine lake); orCommentsClose CommentsPermalink
(II) a run-of-river screened at the point of diversion; andCommentsClose CommentsPermalink
(B) has a nameplate capacity rating of a wattage that is not more than 15 megawatts.CommentsClose CommentsPermalink
(2) ELIGIBLE APPLICANT- The term `eligible applicant' means any--CommentsClose CommentsPermalink
(A) governmental entity;CommentsClose CommentsPermalink
(B) private utility;CommentsClose CommentsPermalink
(C) public utility;CommentsClose CommentsPermalink
(D) municipal utility;CommentsClose CommentsPermalink
(E) cooperative utility;CommentsClose CommentsPermalink
(F) Indian tribes; andCommentsClose CommentsPermalink
(G) Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (
(3) OCEAN ENERGY-CommentsClose CommentsPermalink
(A) INCLUSIONS- The term `ocean energy' includes current, wave, and tidal energy.CommentsClose CommentsPermalink
(B) EXCLUSION- The term `ocean energy' excludes thermal energy.CommentsClose CommentsPermalink
(4) RENEWABLE ENERGY PROJECT- The term `renewable energy project' means a project--CommentsClose CommentsPermalink
(A) for the commercial generation of electricity; andCommentsClose CommentsPermalink
(B) that generates electricity from--CommentsClose CommentsPermalink
(i) solar, wind, or geothermal energy or ocean energy;CommentsClose CommentsPermalink
(ii) biomass (as defined in section 203(b) of the Energy Policy Act of 2005 (
(iii) landfill gas; orCommentsClose CommentsPermalink
(iv) Alaska small hydroelectric power.CommentsClose CommentsPermalink
(b) Renewable Energy Construction Grants-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall use amounts appropriated under this section to make grants for use in carrying out renewable energy projects.CommentsClose CommentsPermalink
(2) CRITERIA- Not later than 180 days after the date of enactment of this Act, the Secretary shall set forth criteria for use in awarding grants under this section.CommentsClose CommentsPermalink
(3) APPLICATION- To receive a grant from the Secretary under paragraph (1), an eligible applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that--CommentsClose CommentsPermalink
(A) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40, United States Code; andCommentsClose CommentsPermalink
(B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
(4) NON-FEDERAL SHARE- Each eligible applicant that receives a grant under this subsection shall contribute to the total cost of the renewable energy project constructed by the eligible applicant an amount not less than 50 percent of the total cost of the project.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle B--Expediting New Energy Efficiency Standards
SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (
`(6) ENERGY CONSERVATION STANDARD-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `energy conservation standard' means 1 or more performance standards that prescribe a minimum level of energy efficiency or a maximum quantity of energy use and, in the case of a showerhead, faucet, water closet, urinal, clothes washer, and dishwasher, water use, for a covered product, determined in accordance with test procedures prescribed under section 323.CommentsClose CommentsPermalink
`(B) INCLUSIONS- The term `energy conservation standard' includes--CommentsClose CommentsPermalink
`(i) 1 or more design requirements, as part of a consensus agreement under section 325(hh); andCommentsClose CommentsPermalink
`(ii) any other requirements that the Secretary may prescribe under subsections (o) and (r) of section 325.CommentsClose CommentsPermalink
`(C) EXCLUSION- The term `energy conservation standard' does not include a performance standard for a component of a finished covered product.'.CommentsClose CommentsPermalink
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND COOLING PRODUCTS.
(a) In General- Section 327 of the Energy Policy and Conservation Act (
(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Regional Efficiency Standards for Heating and Cooling Products-CommentsClose CommentsPermalink
`(1) IN GENERAL-CommentsClose CommentsPermalink
`(A) DETERMINATION- The Secretary may determine, after notice and comment, that more stringent Federal energy conservation standards are appropriate for furnaces, boilers, or central air conditioning equipment than applicable Federal energy conservation standards.CommentsClose CommentsPermalink
`(B) FINDING- The Secretary may determine that more stringent standards are appropriate for up to 2 different regions only after finding that the regional standards--CommentsClose CommentsPermalink
`(i) would contribute to energy savings that are substantially greater than that of a single national energy standard; andCommentsClose CommentsPermalink
`(ii) are economically justified.CommentsClose CommentsPermalink
`(C) REGIONS- On making a determination described in subparagraph (B), the Secretary shall establish the regions so that the more stringent standards would achieve the maximum level of energy savings that is technologically feasible and economically justified.CommentsClose CommentsPermalink
`(D) FACTORS- In determining the appropriateness of 1 or more regional standards for furnaces, boilers, and central and commercial air conditioning equipment, the Secretary shall consider all of the factors described in paragraphs (1) through (4) of section 325(o).CommentsClose CommentsPermalink
`(2) STATE PETITION- After a determination made by the Secretary under paragraph (1), a State may petition the Secretary requesting a rule that a State regulation that establishes a standard for furnaces, boilers, or central air conditioners become effective at a level determined by the Secretary to be appropriate for the region that includes the State.CommentsClose CommentsPermalink
`(3) RULE- Subject to paragraphs (4) through (7), the Secretary may issue the rule during the period described in paragraph (4) and after consideration of the petition and the comments of interested persons.CommentsClose CommentsPermalink
`(4) PROCEDURE-CommentsClose CommentsPermalink
`(A) NOTICE- The Secretary shall provide notice of any petition filed under paragraph (2) and afford interested persons a reasonable opportunity to make written comments, including rebuttal comments, on the petition.CommentsClose CommentsPermalink
`(B) DECISION- Except as provided in subparagraph (C), during the 180-day period beginning on the date on which the petition is filed, the Secretary shall issue the requested rule or deny the petition.CommentsClose CommentsPermalink
`(C) EXTENSION- The Secretary may publish in the Federal Register a notice--CommentsClose CommentsPermalink
`(i) extending the period to a specified date, but not longer than 1 year after the date on which the petition is filed; andCommentsClose CommentsPermalink
`(ii) describing the reasons for the delay.CommentsClose CommentsPermalink
`(D) DENIALS- If the Secretary denies a petition under this subsection, the Secretary shall publish in the Federal Register notice of, and the reasons for, the denial.CommentsClose CommentsPermalink
`(5) FINDING OF SIGNIFICANT BURDEN ON MANUFACTURING, MARKETING, DISTRIBUTION, SALE, OR SERVICING OF COVERED PRODUCT ON NATIONAL BASIS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary may not issue a rule under this subsection if the Secretary finds (and publishes the finding) that interested persons have established, by a preponderance of the evidence, that the State regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of a covered product on a national basis.CommentsClose CommentsPermalink
`(B) FACTORS- In determining whether to make a finding described in subparagraph (A), the Secretary shall evaluate all relevant factors, including--CommentsClose CommentsPermalink
`(i) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others;CommentsClose CommentsPermalink
`(ii) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered product in the State; andCommentsClose CommentsPermalink
`(iii) the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction--CommentsClose CommentsPermalink
`(I) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the State and within the United States; orCommentsClose CommentsPermalink
`(II) in the current or projected sales volume of the covered product type (or class) in the State and the United States.CommentsClose CommentsPermalink
`(6) APPLICATION- No State regulation shall become effective under this subsection with respect to any covered product manufactured before the date specified in the determination made by the Secretary under paragraph (1).CommentsClose CommentsPermalink
`(7) PETITION TO WITHDRAW FEDERAL RULE FOLLOWING AMENDMENT OF FEDERAL STANDARD-CommentsClose CommentsPermalink
`(A) IN GENERAL- If a State has issued a rule under paragraph (3) with respect to a covered product and subsequently a Federal energy conservation standard concerning the product is amended pursuant to section 325, any person subject to the State regulation may file a petition with the Secretary requesting the Secretary to withdraw the rule issued under paragraph (3) with respect to the product in the State.CommentsClose CommentsPermalink
`(B) BURDEN OF PROOF- The Secretary shall consider the petition in accordance with paragraph (5) and the burden shall be on the petitioner to show by a preponderance of the evidence that the rule received by the State under paragraph (3) should be withdrawn as a result of the amendment to the Federal standard.CommentsClose CommentsPermalink
`(C) WITHDRAWAL- If the Secretary determines that the petitioner has shown that the rule issued by the Secretary under paragraph (3) should be withdrawn in accordance with subparagraph (B), the Secretary shall withdraw the rule.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 327 of the Energy Policy and Conservation Act (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (2), by striking `subsection (e)' and inserting `subsection (f)'; andCommentsClose CommentsPermalink
(ii) in paragraph (3)--CommentsClose CommentsPermalink
(I) by striking `subsection (f)(1)' and inserting `subsection (g)(1)'; andCommentsClose CommentsPermalink
(II) by striking `subsection (f)(2)' and inserting `subsection (g)(2)'; andCommentsClose CommentsPermalink
(B) in subsection (c)(3), by striking `subsection (f)(3)' and inserting `subsection (g)(3)'.CommentsClose CommentsPermalink
(2) Section 345(b)(2) of the Energy Policy and Conservation Act (
`(E) RELATIONSHIP TO CERTAIN STATE REGULATIONS- Notwithstanding subparagraph (A), a standard prescribed or established under section 342(a) with respect to the equipment specified in subparagraphs (B), (C), (D), (H), (I), and (J) of section 340 shall not supersede a State regulation that is effective under the terms, conditions, criteria, procedures, and other requirements of section 327(e).'.CommentsClose CommentsPermalink
SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conservation Act (
`(E) FINAL RULE-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary shall publish a final rule to carry out this subsection not later than December 31, 2014.CommentsClose CommentsPermalink
`(ii) CRITERIA- The standards shall meet the criteria established under subsection (o).'.CommentsClose CommentsPermalink
SEC. 224. EXPEDITED RULEMAKINGS.
Section 325 of the Energy Policy and Conservation Act (
`(hh) Expedited Rulemaking for Consensus Standards-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall conduct an expedited rulemaking based on an energy conservation standard or test procedure recommended by interested persons, if--CommentsClose CommentsPermalink
`(A) the interested persons (demonstrating significant and broad support from manufacturers of a covered product, States, utilities, and environmental, energy efficiency, and consumer advocates) submit a joint comment or petition recommending a consensus energy conservation standard or test procedure; andCommentsClose CommentsPermalink
`(B) the Secretary determines that the joint comment or petition includes evidence that (assuming no other evidence were considered) provides an adequate basis for determining that the proposed consensus energy conservation standard or test procedure proposed in the joint comment or petition complies with the provisions and criteria of this Act (including subsection (o)) that apply to the type or class of covered products covered by the joint comment or petition.CommentsClose CommentsPermalink
`(2) PROCEDURE-CommentsClose CommentsPermalink
`(A) IN GENERAL- Notwithstanding subsection (p) or section 336(a), if the Secretary receives a joint comment or petition that meets the criteria described in paragraph (1), the Secretary shall conduct an expedited rulemaking with respect to the standard or test procedure proposed in the joint comment or petition in accordance with this paragraph.CommentsClose CommentsPermalink
`(B) ADVANCED NOTICE OF PROPOSED RULEMAKING- If no advanced notice of proposed rulemaking has been issued under subsection (p)(1) with respect to the rulemaking covered by the joint comment or petition, the requirements of subsection (p) with respect to the issuance of an advanced notice of proposed rulemaking shall not apply.CommentsClose CommentsPermalink
`(C) PUBLICATION OF DETERMINATION- Not later than 60 days after receipt of a joint comment or petition described in paragraph (1)(A), the Secretary shall publish a description of a determination as to whether the proposed standard or test procedure covered by the joint comment or petition meets the criteria described in paragraph (1).CommentsClose CommentsPermalink
`(D) PROPOSED RULE-CommentsClose CommentsPermalink
`(i) PUBLICATION- If the Secretary determines that the proposed consensus standard or test procedure covered by the joint comment or petition meets the criteria described in paragraph (1), not later than 30 days after the determination, the Secretary shall publish a proposed rule proposing the consensus standard or test procedure covered by the joint comment or petition.CommentsClose CommentsPermalink
`(ii) PUBLIC COMMENT PERIOD- Notwithstanding paragraphs (2) and (3) of subsection (p), the public comment period for the proposed rule shall be the 30-day period beginning on the date of the publication of the proposed rule in the Federal Register.CommentsClose CommentsPermalink
`(iii) PUBLIC HEARING- Notwithstanding section 336(a), the Secretary may waive the holding of a public hearing with respect to the proposed rule.CommentsClose CommentsPermalink
`(E) FINAL RULE- Notwithstanding subsection (p)(4), the Secretary--CommentsClose CommentsPermalink
`(i) may publish a final rule at any time after the 60-day period beginning on the date of publication of the proposed rule in the Federal Register; andCommentsClose CommentsPermalink
`(ii) shall publish a final rule not later than 120 days after the date of publication of the proposed rule in the Federal Register.'.CommentsClose CommentsPermalink
SEC. 225. PERIODIC REVIEWS.
(a) Test Procedures- Section 323(b)(1) of the Energy Policy and Conservation Act (
`(1) TEST PROCEDURES-CommentsClose CommentsPermalink
`(A) AMENDMENT- At least once every 7 years, the Secretary shall review test procedures for all covered products and--CommentsClose CommentsPermalink
`(i) amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); orCommentsClose CommentsPermalink
`(ii) publish notice in the Federal Register of any determination not to amend a test procedure.'.CommentsClose CommentsPermalink
(b) Energy Conservation Standards- Section 325 of the Energy Policy and Conservation Act (
`(m) Further Rulemaking-CommentsClose CommentsPermalink
`(1) IN GENERAL- After issuance of the last final rules required for a product under this part, the Secretary shall, not later than 5 years after the date of issuance of a final rule establishing or amending a standard or determining not to amend a standard, publish a final rule to determine whether standards for the product should be amended based on the criteria described in subsection (n)(2).CommentsClose CommentsPermalink
`(2) ANALYSIS- Prior to publication of the determination, the Secretary shall publish a notice of availability describing the analysis of the Department and provide opportunity for written comment.CommentsClose CommentsPermalink
`(3) FINAL RULE- Not later than 3 years after a positive determination under paragraph (1), the Secretary shall publish a final rule amending the standard for the product.CommentsClose CommentsPermalink
`(4) APPLICATION OF AMENDMENT- An amendment prescribed under this subsection shall apply to a product manufactured after a date that is 5 years after--CommentsClose CommentsPermalink
`(A) the effective date of the previous amendment made pursuant to this part; orCommentsClose CommentsPermalink
`(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years after publication of the final rule establishing a standard.'.CommentsClose CommentsPermalink
(c) Standards- Section 342(a) of the Energy Policy and Conservation Act (
`(6) AMENDED ENERGY EFFICIENCY STANDARDS-CommentsClose CommentsPermalink
`(A) ANALYSIS OF POTENTIAL ENERGY SAVINGS- If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal central and commercial air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards.CommentsClose CommentsPermalink
`(B) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Except as provided in clause (ii), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in subparagraph (A), the Secretary shall establish an amended uniform national standard for the product at the minimum level for the applicable effective date specified in the amended ASHRAE/IES Standard 90.1.CommentsClose CommentsPermalink
`(ii) MORE STRINGENT STANDARD- Clause (i) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified.CommentsClose CommentsPermalink
`(C) RULE- If the Secretary makes a determination described in subparagraph (B)(ii) for a product described in subparagraph (A), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard.CommentsClose CommentsPermalink
`(D) AMENDMENT OF STANDARDS-CommentsClose CommentsPermalink
`(i) IN GENERAL- After issuance of the most recent final rule for a product under this subsection, not later than 5 years after the date of issuance of a final rule establishing or amending a standard or determining not to amend a standard, the Secretary shall publish a final rule to determine whether standards for the product should be amended based on the criteria described in subparagraph (A).CommentsClose CommentsPermalink
`(ii) ANALYSIS- Prior to publication of the determination, the Secretary shall publish a notice of availability describing the analysis of the Department and provide opportunity for written comment.CommentsClose CommentsPermalink
`(iii) FINAL RULE- Not later than 3 years after a positive determination under clause (i), the Secretary shall publish a final rule amending the standard for the product.'.CommentsClose CommentsPermalink
(d) Test Procedures- Section 343(a) of the Energy Policy and Conservation Act (
`(a) Prescription by Secretary; Requirements-CommentsClose CommentsPermalink
`(1) TEST PROCEDURES-CommentsClose CommentsPermalink
`(A) AMENDMENT- At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and--CommentsClose CommentsPermalink
`(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; orCommentsClose CommentsPermalink
`(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.'.CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by subsections (b) and (c) take effect on January 1, 2012.CommentsClose CommentsPermalink
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.
(a) In General- Not later than 2 years after the date of enactment of this Act or not later than 18 months after test procedures have been developed for a consumer electronics product category described in subsection (b), whichever is later, the Federal Trade Commission, in consultation with the Secretary and the Administrator of the Environmental Protection Agency shall promulgate regulations, in accordance with the Energy Star program and in a manner that minimizes, to the maximum extent practicable, duplication with respect to the requirements of that program and other national and international energy labeling programs, to add the consumer electronics product categories described in subsection (b) to the Energy Guide labeling program of the Commission.CommentsClose CommentsPermalink
(b) Consumer Electronics Product Categories- The consumer electronics product categories referred to in subsection (a) are the following:CommentsClose CommentsPermalink
(1) Televisions.CommentsClose CommentsPermalink
(2) Personal computers.CommentsClose CommentsPermalink
(3) Cable or satellite set-top boxes.CommentsClose CommentsPermalink
(4) Stand-alone digital video recorder boxes.CommentsClose CommentsPermalink
(5) Computer monitors.CommentsClose CommentsPermalink
(c) Label Placement- The regulations shall include specific requirements for each product on the placement of Energy Guide labels.CommentsClose CommentsPermalink
(d) Deadline for Labeling- Not later than 1 year after the date of promulgation of regulations under subsection (a), the Commission shall require labeling electronic products described in subsection (b) in accordance with this section (including the regulations).CommentsClose CommentsPermalink
(e) Authority To Include Additional Product Categories- The Commission may add additional product categories to the Energy Guide labeling program if the product categories include products, as determined by the Commission--CommentsClose CommentsPermalink
(1) that have an annual energy use in excess of 100 kilowatt hours per year; andCommentsClose CommentsPermalink
(2) for which there is a significant difference in energy use between the most and least efficient products.CommentsClose CommentsPermalink
SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.
Section 325(f) of the Energy Policy and Conservation Act (
(1) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
`(3) BOILERS-CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), boilers manufactured on or after September 1, 2012, shall meet the following requirements:CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Boiler Type Minimum Annual Fuel Utilization Efficiency Design Requirements CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Gas Hot Water 82% No Constant Burning Pilot,Automatic Means for Adjusting Water Temperature CommentsClose CommentsPermalink
Gas Steam 80% No Constant Burning Pilot CommentsClose CommentsPermalink
Oil Hot Water 84% Automatic Means for Adjusting Temperature CommentsClose CommentsPermalink
Oil Steam 82% None CommentsClose CommentsPermalink
Electric Hot Water None Automatic Means for Adjusting Temperature CommentsClose CommentsPermalink
Electric Steam None None CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
`(B) PILOTS- The manufacturer shall not equip gas hot water or steam boilers with constant-burning pilot lights.CommentsClose CommentsPermalink
`(C) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE-CommentsClose CommentsPermalink
`(i) IN GENERAL- The manufacturer shall equip each gas, oil, and electric hot water boiler (other than a boiler equipped with tankless domestic water heating coils) with an automatic means for adjusting the temperature of the water supplied by the boiler to ensure that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of water supplied.CommentsClose CommentsPermalink
`(ii) CERTAIN BOILERS- For a boiler that fires at 1 input rate, the requirements of this subparagraph may be satisfied by providing an automatic means that allows the burner or heating element to fire only when the means has determined that the inferred heat load cannot be met by the residual heat of the water in the system.CommentsClose CommentsPermalink
`(iii) NO INFERRED HEAT LOAD- When there is no inferred heat load with respect to a hot water boiler, the automatic means described in clauses (i) and (ii) shall limit the temperature of the water in the boiler to not more than 140 degrees Fahrenheit.CommentsClose CommentsPermalink
`(iv) OPERATION- A boiler described in clause (i) or (ii) shall be operable only when the automatic means described in clauses (i), (ii), and (iii) is installed.'.CommentsClose CommentsPermalink
SEC. 228. TECHNICAL CORRECTIONS.
(a) Definition of Fluorescent Lamp- Section 321(30)(B)(viii) of the Energy Policy and Conservation Act (
(b) Standards for Commercial Package Air Conditioning and Heating Equipment- Section 342(a)(1) of the Energy Policy and Conservation Act (
(c) Mercury Vapor Lamp Ballasts-CommentsClose CommentsPermalink
(1) DEFINITIONS- Section 321 of the Energy Policy and Conservation Act (
(A) in paragraph (46)(A)--CommentsClose CommentsPermalink
(i) in clause (i), by striking `bulb' and inserting `the arc tube'; andCommentsClose CommentsPermalink
(ii) in clause (ii), by striking `has a bulb' and inserting `wall loading is';CommentsClose CommentsPermalink
(B) in paragraph (47)(A), by striking `operating at a partial' and inserting `typically operating at a partial vapor';CommentsClose CommentsPermalink
(C) in paragraph (48), by inserting `intended for general illumination' after `lamps'; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(56) The term `specialty application mercury vapor lamp ballast' means a mercury vapor lamp ballast that--CommentsClose CommentsPermalink
`(A) is designed and marketed for medical use, optical comparators, quality inspection, industrial processing, or scientific use, including fluorescent microscopy, ultraviolet curing, and the manufacture of microchips, liquid crystal displays, and printed circuit boards; andCommentsClose CommentsPermalink
`(B) in the case of a specialty application mercury vapor lamp ballast, is labeled as a specialty application mercury vapor lamp ballast.'.CommentsClose CommentsPermalink
(2) STANDARD SETTING AUTHORITY- Section 325(ee) of the Energy Policy and Conservation Act (
SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions- Section 340(13) of the Energy Policy and Conservation Act (
`(A)(i) The term `electric motor' means--CommentsClose CommentsPermalink
`(I) a general purpose electric motor--subtype I; andCommentsClose CommentsPermalink
`(II) a general purpose electric motor--subtype II.CommentsClose CommentsPermalink
`(ii) The term `general purpose electric motor--subtype I' means any motor that [Struck out->][<-Struck out] is considered a general purpose motor under section 431.12 of title 10, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
`(iii) The term `general purpose electric motor--subtype II' means a motor that, in addition to the design elements for a general purpose electric motor--subtype I, incorporates the design elements (as established in National Electrical Manufacturers Association MG-1 (2006)) for any of the following:CommentsClose CommentsPermalink
`(I) A U-Frame Motor.CommentsClose CommentsPermalink
`(II) A Design C Motor.CommentsClose CommentsPermalink
`(III) A close-coupled pump motor.CommentsClose CommentsPermalink
`(IV) A footless motor.CommentsClose CommentsPermalink
`(V) A vertical solid shaft normal thrust (tested in a horizontal configuration).CommentsClose CommentsPermalink
`(VI) An 8-pole motor.CommentsClose CommentsPermalink
`(VII) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts).'.CommentsClose CommentsPermalink
(b) Standards- Section 342(b) of the Energy Policy and Conservation Act (
`(1) STANDARDS-CommentsClose CommentsPermalink
`(A) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE I-CommentsClose CommentsPermalink
`(i) IN GENERAL- Except as otherwise provided in this subparagraph, a general purpose electric motor--subtype I with a power rating of not less than 1, and not more than 200, horsepower manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of this subparagraph, shall have a nominal full load efficiency established in Table 12-12 of National Electrical Manufacturers Association (referred to in this paragraph as `NEMA') MG-1 (2006).CommentsClose CommentsPermalink
`(ii) FIRE PUMP MOTORS- A fire pump motor shall have a nominal full load efficiency established in Table 12-11 of NEMA MG-1 (2006).CommentsClose CommentsPermalink
`(B) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE II- A general purpose electric motor--subtype II with a power rating of not less than 1, and not more than 200, horsepower manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of this subparagraph, shall have a nominal full load efficiency established in Table 12-11 of NEMA MG-1 (2006).CommentsClose CommentsPermalink
`(C) DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS- A NEMA Design B, general purpose electric motor with a power rating of not less than 201, and not more than 500, horsepower manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of the enactment of this subparagraph shall have a nominal full load efficiency established in Table 12-11 of NEMA MG-1 (2006).'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section take effect on the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Definition of Energy Conservation Standard- Section 321(6)(A) of the Energy Policy and Conservation Act (
(b) Refrigerators, Refrigerator-Freezers, and Freezers- Section 325(b) of the Energy Policy and Conservation Act (
`(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS MANUFACTURED ON OR AFTER JANUARY 1, 2014- Not later than December 31, 2010, the Secretary shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or after January 1, 2014, and including any amended standards.'.CommentsClose CommentsPermalink
(c) Residential Clothes Washers and Dishwashers- Section 325(g)(4) of the Energy Policy and Conservation Act (
`(D) CLOTHES WASHERS-CommentsClose CommentsPermalink
`(i) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2011- A residential clothes washer manufactured on or after January 1, 2011, shall have--CommentsClose CommentsPermalink
`(I) a modified energy factor of at least 1.26; andCommentsClose CommentsPermalink
`(II) a water factor of not more than 9.5.CommentsClose CommentsPermalink
`(ii) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2012- Not later than January 1, 2012, the Secretary shall publish a final rule determining whether to amend the standards in effect for residential clothes washers manufactured on or after January 1, 2012, and including any amended standards.CommentsClose CommentsPermalink
`(E) DISHWASHERS-CommentsClose CommentsPermalink
`(i) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010- A dishwasher manufactured on or after January 1, 2010, shall use not more than--CommentsClose CommentsPermalink
`(I) in the case of a standard-size dishwasher, 355 kWh per year or 6.5 gallons of water per cycle; andCommentsClose CommentsPermalink
`(II) in the case of a compact-size dishwasher, 260 kWh per year or 4.5 gallons of water per cycle.CommentsClose CommentsPermalink
`(ii) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2018- Not later than January 1, 2015, the Secretary shall publish a final rule determining whether to amend the standards for dishwashers manufactured on or after January 1, 2018, and including any amended standards.'.CommentsClose CommentsPermalink
(d) Dehumidifiers- Section 325(cc) of the Energy Policy and Conservation Act (
(1) in paragraph (1), by inserting `and before October 1, 2012,' after `2007,'; andCommentsClose CommentsPermalink
(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 1, 2012- Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy Factor that meets or exceeds the following values:CommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
Product Capacity (pints/day): Minimum Energy Factor liters/kWh CommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
Up to 35.00 1.35 CommentsClose CommentsPermalink
35.01-45.00 1.50 CommentsClose CommentsPermalink
45.01-54.00 1.60 CommentsClose CommentsPermalink
54.01-75.00 1.70 CommentsClose CommentsPermalink
Greater than 75.00 2.5.'. CommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
(e) Energy Star Program- Section 324A(d)(2) of the Energy Policy and Conservation Act (
SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND BUILDINGS IN COLD CLIMATES.
(a) Research- Section 911(a)(2) of the Energy Policy Act of 2005 (
(1) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (D), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(E) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.'.CommentsClose CommentsPermalink
(b) Rebates- Section 124 of the Energy Policy Act of 2005 (
(1) in subsection (b)(1), by inserting `, or products with improved energy efficiency in cold climates,' after `residential Energy Star products'; andCommentsClose CommentsPermalink
(2) in subsection (e), by inserting `or product with improved energy efficiency in a cold climate' after `residential Energy Star product' each place it appears.CommentsClose CommentsPermalink
SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY CONSUMER PRODUCTS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ENERGY SAVINGS- The term `energy savings' means megawatt-hours of electricity or million British thermal units of natural gas saved by a product, in comparison to projected energy consumption under the energy efficiency standard applicable to the product.CommentsClose CommentsPermalink
(2) HIGH-EFFICIENCY CONSUMER PRODUCT- The term `high-efficiency consumer product' means a product that exceeds the energy efficiency of comparable products available in the market by a percentage determined by the Secretary to be an appropriate benchmark for the consumer product category competing for an award under this section.CommentsClose CommentsPermalink
(b) Financial Incentives Program- Effective beginning October 1, 2007, the Secretary shall competitively award financial incentives under this section for the manufacture of high-efficiency consumer products.CommentsClose CommentsPermalink
(c) Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall make awards under this section to manufacturers of high-efficiency consumer products, based on the bid of each manufacturer in terms of dollars per megawatt-hour or million British thermal units saved.CommentsClose CommentsPermalink
(2) ACCEPTANCE OF BIDS- In making awards under this section, the Secretary shall--CommentsClose CommentsPermalink
(A) solicit bids for reverse auction from appropriate manufacturers, as determined by the Secretary; andCommentsClose CommentsPermalink
(B) award financial incentives to the manufacturers that submit the lowest bids that meet the requirements established by the Secretary.CommentsClose CommentsPermalink
(d) Forms of Awards- An award for a high-efficiency consumer product under this section shall be in the form of a lump sum payment in an amount equal to the product obtained by multiplying--CommentsClose CommentsPermalink
(1) the amount of the bid by the manufacturer of the high-efficiency consumer product; andCommentsClose CommentsPermalink
(2) the energy savings during the projected useful life of the high-efficiency consumer product, not to exceed 10 years, as determined under regulations issued by the Secretary.CommentsClose CommentsPermalink
SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE ENTITY- The term eligible entity means--CommentsClose CommentsPermalink
(A) an institution of higher education under contract or in partnership with a nonprofit or for-profit private entity acting on behalf of an industrial or commercial sector or subsector;CommentsClose CommentsPermalink
(B) a nonprofit or for-profit private entity acting on behalf on an industrial or commercial sector or subsector; orCommentsClose CommentsPermalink
(C) a consortia of entities acting on behalf of an industrial or commercial sector or subsector.CommentsClose CommentsPermalink
(2) ENERGY-INTENSIVE COMMERCIAL APPLICATIONS- The term `energy-intensive commercial applications' means processes and facilities that use significant quantities of energy as part of the primary economic activities of the processes and facilities, including--CommentsClose CommentsPermalink
(A) information technology data centers;CommentsClose CommentsPermalink
(B) product manufacturing; andCommentsClose CommentsPermalink
(C) food processing.CommentsClose CommentsPermalink
(3) FEEDSTOCK- The term `feedstock' means the raw material supplied for use in manufacturing, chemical, and biological processes.CommentsClose CommentsPermalink
(4) MATERIALS MANUFACTURERS- The term `materials manufacturers' means the energy-intensive primary manufacturing industries, including the aluminum, chemicals, forest and paper products, glass, metal casting, and steel industries.CommentsClose CommentsPermalink
(5) PARTNERSHIP- The term `partnership' means an energy efficiency and utilization partnership established under subsection (c)(1)(A).CommentsClose CommentsPermalink
(6) PROGRAM- The term `program' means the industrial efficiency program established under subsection (b).CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary shall establish a program under which the Secretary, in cooperation with materials manufacturers, companies engaged in energy-intensive commercial applications, and national industry trade associations representing the manufactures and companies, shall support, develop, and promote the use of new materials manufacturing and industrial and commercial processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States.CommentsClose CommentsPermalink
(c) Partnerships-CommentsClose CommentsPermalink
(1) IN GENERAL- As part of the program, the Secretary shall--CommentsClose CommentsPermalink
(A) establish energy efficiency and utilization partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve energy efficiency and utilization by materials manufacturers and in energy-intensive commercial applications, including the conduct of activities to--CommentsClose CommentsPermalink
(i) increase the energy efficiency of industrial and commercial processes and facilities in energy-intensive commercial application sectors;CommentsClose CommentsPermalink
(ii) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance in energy-intensive commercial application sectors; andCommentsClose CommentsPermalink
(iii) promote the use of the processes, technologies, and techniques described in clauses (i) and (ii); andCommentsClose CommentsPermalink
(B) pay the Federal share of the cost of any eligible partnership activities for which a proposal has been submitted and approved in accordance with paragraph (3)(B).CommentsClose CommentsPermalink
(2) ELIGIBLE ACTIVITIES- Partnership activities eligible for financial assistance under this subsection include--CommentsClose CommentsPermalink
(A) feedstock and recycling research, development, and demonstration activities to identify and promote--CommentsClose CommentsPermalink
(i) opportunities for meeting manufacturing feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply;CommentsClose CommentsPermalink
(ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; andCommentsClose CommentsPermalink
(iii) other methods using recycling, reuse, and improved industrial materials;CommentsClose CommentsPermalink
(B) industrial and commercial energy efficiency and sustainability assessments to--CommentsClose CommentsPermalink
(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess--CommentsClose CommentsPermalink
(I) the unique processes and facilities of the sectors;CommentsClose CommentsPermalink
(II) the energy utilization requirements of the sectors; andCommentsClose CommentsPermalink
(III) the application of new, more energy efficient technologies; andCommentsClose CommentsPermalink
(ii) conduct energy savings assessments;CommentsClose CommentsPermalink
(C) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; andCommentsClose CommentsPermalink
(D) any other activities that the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(3) PROPOSALS-CommentsClose CommentsPermalink
(A) IN GENERAL- To be eligible for financial assistance under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership.CommentsClose CommentsPermalink
(B) REVIEW- After reviewing the scientific, technical, and commercial merit of a proposals submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal.CommentsClose CommentsPermalink
(C) COMPETITIVE AWARDS- The provision of financial assistance under this subsection shall be on a competitive basis.CommentsClose CommentsPermalink
(4) COST-SHARING REQUIREMENT- In carrying out this section, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (
(d) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out this section--CommentsClose CommentsPermalink
(A) $184,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
(B) $190,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(C) $196,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(D) $202,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(E) $208,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
(F) such sums as are necessary for fiscal year 2013 and each fiscal year thereafter.CommentsClose CommentsPermalink
(2) PARTNERSHIP ACTIVITIES- Of the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c).CommentsClose CommentsPermalink
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and Energy Storage
SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall establish a research and development program to determine ways in which--CommentsClose CommentsPermalink
(1) the weight of vehicles may be reduced to improve fuel efficiency without compromising passenger safety; andCommentsClose CommentsPermalink
(2) the cost of lightweight materials (such as steel alloys, fiberglass, and carbon composites) required for the construction of lighter-weight vehicles may be reduced.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2007 through 2012.CommentsClose CommentsPermalink
SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS MANUFACTURERS.
(a) In General- Section 712(a) of the Energy Policy Act of 2005 (
(b) Conforming Amendment- Section 1703(b) of the Energy Policy Act of 2005 (
`(8) Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive transportation technology and advanced diesel vehicles.'.CommentsClose CommentsPermalink
SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ADJUSTED AVERAGE FUEL ECONOMY- The term `adjusted average fuel economy' means the average fuel economy of a manufacturer for all light duty vehicles produced by the manufacturer, adjusted such that the fuel economy of each vehicle that qualifies for an award shall be considered to be equal to the average fuel economy for vehicles of a similar footprint for model year 2005.CommentsClose CommentsPermalink
(2) ADVANCED TECHNOLOGY VEHICLE- The term `advanced technology vehicle' means a light duty vehicle that meets--CommentsClose CommentsPermalink
(A) the Bin 5 Tier II emission standard established in regulations issued by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (
(B) any new emission standard for fine particulate matter prescribed by the Administrator under that Act (
(C) at least 125 percent of the average base year combined fuel economy, calculated on an energy-equivalent basis, for vehicles of a substantially similar footprint.CommentsClose CommentsPermalink
(3) COMBINED FUEL ECONOMY- The term `combined fuel economy' means--CommentsClose CommentsPermalink
(A) the combined city/highway miles per gallon values, as reported in accordance with
(B) in the case of an electric drive vehicle with the ability to recharge from an off-board source, the reported mileage, as determined in a manner consistent with the Society of Automotive Engineers recommended practice for that configuration or a similar practice recommended by the Secretary, using a petroleum equivalence factor for the off-board electricity (as defined in section 474 of title 10, Code of Federal Regulations).CommentsClose CommentsPermalink
(4) ENGINEERING INTEGRATION COSTS- The term `engineering integration costs' includes the cost of engineering tasks relating to--CommentsClose CommentsPermalink
(A) incorporating qualifying components into the design of advanced technology vehicles; andCommentsClose CommentsPermalink
(B) designing new tooling and equipment for production facilities that produce qualifying components or advanced technology vehicles.CommentsClose CommentsPermalink
(5) QUALIFYING COMPONENTS- The term `qualifying components' means components that the Secretary determines to be--CommentsClose CommentsPermalink
(A) specially designed for advanced technology vehicles; andCommentsClose CommentsPermalink
(B) installed for the purpose of meeting the performance requirements of advanced technology vehicles.CommentsClose CommentsPermalink
(b) Advanced Vehicles Manufacturing Facility- The Secretary shall provide facility funding awards under this section to automobile manufacturers and component suppliers to pay not more than 30 percent of the cost of--CommentsClose CommentsPermalink
(1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce--CommentsClose CommentsPermalink
(A) qualifying advanced technology vehicles; orCommentsClose CommentsPermalink
(B) qualifying components; andCommentsClose CommentsPermalink
(2) engineering integration performed in the United States of qualifying vehicles and qualifying components.CommentsClose CommentsPermalink
(c) Period of Availability- An award under subsection (b) shall apply to--CommentsClose CommentsPermalink
(1) facilities and equipment placed in service before December 30, 2017; andCommentsClose CommentsPermalink
(2) engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 30, 2017.CommentsClose CommentsPermalink
(d) Improvement- The Secretary shall issue regulations that require that, in order for an automobile manufacturer to be eligible for an award under this section during a particular year, the adjusted average fuel economy of the manufacturer for light duty vehicles produced by the manufacturer during the most recent year for which data are available shall be not less than the average fuel economy for all light duty vehicles of the manufacturer for model year 2005.CommentsClose CommentsPermalink
SEC. 244. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title- This section may be cited as the `United States Energy Storage Competitiveness Act of 2007'.CommentsClose CommentsPermalink
(b) Energy Storage Systems for Motor Transportation and Electricity Transmission and Distribution-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) COUNCIL- The term `Council' means the Energy Storage Advisory Council established under paragraph (3).CommentsClose CommentsPermalink
(B) COMPRESSED AIR ENERGY STORAGE- The term `compressed air energy storage' means, in the case of an electricity grid application, the storage of energy through the compression of air.CommentsClose CommentsPermalink
(C) DEPARTMENT- The term `Department' means the Department of Energy.CommentsClose CommentsPermalink
(D) FLYWHEEL- The term `flywheel' means, in the case of an electricity grid application, a device used to store rotational kinetic energy.CommentsClose CommentsPermalink
(E) ULTRACAPACITOR- The term `ultracapacitor' means an energy storage device that has a power density comparable to conventional capacitors but capable of exceeding the energy density of conventional capacitors by several orders of magnitude.CommentsClose CommentsPermalink
(2) PROGRAM- The Secretary shall carry out a research, development, and demonstration program to support the ability of the United States to remain globally competitive in energy storage systems for motor transportation and electricity transmission and distribution.CommentsClose CommentsPermalink
(3) ENERGY STORAGE ADVISORY COUNCIL-CommentsClose CommentsPermalink
(A) ESTABLISHMENT- Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an Energy Storage Advisory Council.CommentsClose CommentsPermalink
(B) COMPOSITION-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to clause (ii), the Council shall consist of not less than 15 individuals appointed by the Secretary, based on recommendations of the National Academy of Sciences.CommentsClose CommentsPermalink
(ii) ENERGY STORAGE INDUSTRY- The Council shall consist primarily of representatives of the energy storage industry of the United States.CommentsClose CommentsPermalink
(iii) CHAIRPERSON- The Secretary shall select a Chairperson for the Council from among the members appointed under clause (i).CommentsClose CommentsPermalink
(C) MEETINGS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Council shall meet not less than once a year.CommentsClose CommentsPermalink
(ii) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App. 2) shall apply to a meeting of the Council.CommentsClose CommentsPermalink
(D) PLANS- No later than 1 year after the date of enactment of this Act, in conjunction with the Secretary, the Council shall develop 5-year plans for integrating basic and applied research so that the United States retains a globally competitive domestic energy storage industry for motor transportation and electricity transmission and distribution.CommentsClose CommentsPermalink
(E) REVIEW- The Council shall--CommentsClose CommentsPermalink
(i) assess the performance of the Department in meeting the goals of the plans developed under subparagraph (D); andCommentsClose CommentsPermalink
(ii) make specific recommendations to the Secretary on programs or activities that should be established or terminated to meet those goals.CommentsClose CommentsPermalink
(4) BASIC RESEARCH PROGRAM-CommentsClose CommentsPermalink
(A) BASIC RESEARCH- The Secretary shall conduct a basic research program on energy storage systems to support motor transportation and electricity transmission and distribution, including--CommentsClose CommentsPermalink
(i) materials design;CommentsClose CommentsPermalink
(ii) materials synthesis and characterization;CommentsClose CommentsPermalink
(iii) electrolytes, including bioelectrolytes;CommentsClose CommentsPermalink
(iv) surface and interface dynamics; andCommentsClose CommentsPermalink
(v) modeling and simulation.CommentsClose CommentsPermalink
(B) NANOSCIENCE CENTERS- The Secretary shall ensure that the nanoscience centers of the Department--CommentsClose CommentsPermalink
(i) support research in the areas described in subparagraph (A), as part of the mission of the centers; andCommentsClose CommentsPermalink
(ii) coordinate activities of the centers with activities of the Council.CommentsClose CommentsPermalink
(5) APPLIED RESEARCH PROGRAM- The Secretary shall conduct an applied research program on energy storage systems to support motor transportation and electricity transmission and distribution technologies, including--CommentsClose CommentsPermalink
(A) ultracapacitors;CommentsClose CommentsPermalink
(B) flywheels;CommentsClose CommentsPermalink
(C) batteries;CommentsClose CommentsPermalink
(D) compressed air energy systems;CommentsClose CommentsPermalink
(E) power conditioning electronics; andCommentsClose CommentsPermalink
(F) manufacturing technologies for energy storage systems.CommentsClose CommentsPermalink
(6) ENERGY STORAGE RESEARCH CENTERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall establish, through competitive bids, 4 energy storage research centers to translate basic research into applied technologies to advance the capability of the United States to maintain a globally competitive posture in energy storage systems for motor transportation and electricity transmission and distribution.CommentsClose CommentsPermalink
(B) PROGRAM MANAGEMENT- The centers shall be jointly managed by the Under Secretary for Science and the Under Secretary of Energy of the Department.CommentsClose CommentsPermalink
(C) PARTICIPATION AGREEMENTS- As a condition of participating in a center, a participant shall enter into a participation agreement with the center that requires that activities conducted by the participant for the center promote the goal of enabling the United States to compete successfully in global energy storage markets.CommentsClose CommentsPermalink
(D) PLANS- A center shall conduct activities that promote the achievement of the goals of the plans of the Council under paragraph (3)(D).CommentsClose CommentsPermalink
(E) COST SHARING- In carrying out this paragraph, the Secretary shall require cost-sharing in accordance with section 988 of the Energy Policy Act of 2005 (
(F) NATIONAL LABORATORIES- A national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (
(G) INTELLECTUAL PROPERTY- A participant shall be provided appropriate intellectual property rights commensurate with the nature of the participation agreement of the participant.CommentsClose CommentsPermalink
(7) REVIEW BY NATIONAL ACADEMY OF SCIENCES- Not later than 5 years after the date of enactment of this Act, the Secretary shall offer to enter into an arrangement with the National Academy of Sciences to assess the performance of the Department in making the United States globally competitive in energy storage systems for motor transportation and electricity transmission and distribution.CommentsClose CommentsPermalink
(8) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out--CommentsClose CommentsPermalink
(A) the basic research program under paragraph (4) $50,000,000 for each of fiscal years 2008 through 2017;CommentsClose CommentsPermalink
(B) the applied research program under paragraph (5) $80,000,000 for each of fiscal years 2008 through 2017; and;CommentsClose CommentsPermalink
(C) the energy storage research center program under paragraph (6) $100,000,000 for each of fiscal years 2008 through 2017.CommentsClose CommentsPermalink
SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.
(a) Electric Drive Vehicle Demonstration Program-CommentsClose CommentsPermalink
(1) DEFINITION OF ELECTRIC DRIVE VEHICLE- In this subsection, the term `electric drive vehicle' means a precommercial vehicle that--CommentsClose CommentsPermalink
(A) draws motive power from a battery with at least 4 kilowatt-hours of electricity;CommentsClose CommentsPermalink
(B) can be recharged from an external source of electricity for motive power; andCommentsClose CommentsPermalink
(C) is a light-, medium-, or heavy-duty onroad or nonroad vehicle.CommentsClose CommentsPermalink
(2) PROGRAM- The Secretary shall establish a competitive program to provide grants for demonstrations of electric drive vehicles.CommentsClose CommentsPermalink
(3) ELIGIBILITY- A State government, local government, metropolitan transportation authority, air pollution control district, private entity, and nonprofit entity shall be eligible to receive a grant under this subsection.CommentsClose CommentsPermalink
(4) PRIORITY- In making grants under this subsection, the Secretary shall give priority to proposals that--CommentsClose CommentsPermalink
(A) are likely to contribute to the commercialization and production of electric drive vehicles in the United States; andCommentsClose CommentsPermalink
(B) reduce petroleum usage.CommentsClose CommentsPermalink
(5) SCOPE OF DEMONSTRATIONS- The Secretary shall ensure, to the extent practicable, that the program established under this subsection includes a variety of applications, manufacturers, and end-uses.CommentsClose CommentsPermalink
(6) REPORTING- The Secretary shall require a grant recipient under this subsection to submit to the Secretary, on an annual basis, data relating to vehicle, performance, life cycle costs, and emissions of vehicles demonstrated under the grant, including emissions of greenhouse gases.CommentsClose CommentsPermalink
(7) COST SHARING- Section 988 of the Energy Policy Act of 2005 (
(8) AUTHORIZATIONS OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection $60,000,000 for each of fiscal years 2008 through 2012, of which not less than $20,000,000 shall be available each fiscal year only to make grants local and municipal governments.CommentsClose CommentsPermalink
(b) Near-Term Oil Saving Transportation Deployment Program-CommentsClose CommentsPermalink
(1) DEFINITION OF QUALIFIED TRANSPORTATION PROJECT- In this subsection, the term `qualified transportation project' means--CommentsClose CommentsPermalink
(A) a project that simultaneously reduces emissions of criteria pollutants, greenhouse gas emissions, and petroleum usage by at least 40 percent as compared to commercially available, petroleum-based technologies used in nonroad vehicles; andCommentsClose CommentsPermalink
(B) an electrification project involving onroad commercial trucks, rail transportation, or ships, and any associated infrastructure (including any panel upgrades, battery chargers, trenching, and alternative fuel infrastructure).CommentsClose CommentsPermalink
(2) PROGRAM- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall establish a program to provide grants to eligible entities for the conduct of qualified transportation projects.CommentsClose CommentsPermalink
(3) PRIORITY- In providing grants under this subsection, the Secretary shall give priority to large-scale projects and large-scale aggregators of projects.CommentsClose CommentsPermalink
(4) COST SHARING- Section 988 of the Energy Policy Act of 2005 (
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to carry this subsection $90,000,000 for each of fiscal years 2008 through 2013.CommentsClose CommentsPermalink
Subtitle D--Setting Energy Efficiency Goals
SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN TRANSPORTATION.
(a) Goals- The goals of the United States are to reduce gasoline usage in the United States from the levels projected under subsection (b) by--CommentsClose CommentsPermalink
(1) 20 percent by calendar year 2017;CommentsClose CommentsPermalink
(2) 35 percent by calendar year 2025; andCommentsClose CommentsPermalink
(3) 45 percent by calendar year 2030.CommentsClose CommentsPermalink
(b) Measurement- For purposes of subsection (a), reduction in gasoline usage shall be measured from the estimates for each year in subsection (a) contained in the reference case in the report of the Energy Information Administration entitled `Annual Energy Outlook 2007'.CommentsClose CommentsPermalink
(c) Strategic Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary, in cooperation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall develop a strategic plan to achieve the national goals for reduction in gasoline usage established under subsection (a).CommentsClose CommentsPermalink
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a manner that provides appropriate opportunities for public comment.CommentsClose CommentsPermalink
(d) Plan Contents- The strategic plan shall--CommentsClose CommentsPermalink
(1) establish future regulatory, funding, and policy priorities to ensure compliance with the national goals;CommentsClose CommentsPermalink
(2) include energy savings estimates for each sector; andCommentsClose CommentsPermalink
(3) include data collection methodologies and compilations used to establish baseline and energy savings data.CommentsClose CommentsPermalink
(e) Plan Updates-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(A) update the strategic plan biennially; andCommentsClose CommentsPermalink
(B) include the updated strategic plan in the national energy policy plan required by section 801 of the Department of Energy Organization Act (
(2) CONTENTS- In updating the plan, the Secretary shall--CommentsClose CommentsPermalink
(A) report on progress made toward implementing efficiency policies to achieve the national goals established under subsection (a); andCommentsClose CommentsPermalink
(B) to the maximum extent practicable, verify energy savings resulting from the policies.CommentsClose CommentsPermalink
(f) Report to Congress and Public- The Secretary shall submit to Congress, and make available to the public, the initial strategic plan developed under subsection (c) and each updated plan.CommentsClose CommentsPermalink
SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.
(a) Goals- The goals of the United States are--CommentsClose CommentsPermalink
(1) to achieve an improvement in the overall energy productivity of the United States (measured in gross domestic product per unit of energy input) of at least 2.5 percent per year by the year 2012; andCommentsClose CommentsPermalink
(2) to maintain that annual rate of improvement each year through 2030.CommentsClose CommentsPermalink
(b) Strategic Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary, in cooperation with the Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies, shall develop a strategic plan to achieve the national goals for improvement in energy productivity established under subsection (a).CommentsClose CommentsPermalink
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a manner that provides appropriate opportunities for public input and comment.CommentsClose CommentsPermalink
(c) Plan Contents- The strategic plan shall--CommentsClose CommentsPermalink
(1) establish future regulatory, funding, and policy priorities to ensure compliance with the national goals;CommentsClose CommentsPermalink
(2) include energy savings estimates for each sector; andCommentsClose CommentsPermalink
(3) include data collection methodologies and compilations used to establish baseline and energy savings data.CommentsClose CommentsPermalink
(d) Plan Updates-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(A) update the strategic plan biennially; andCommentsClose CommentsPermalink
(B) include the updated strategic plan in the national energy policy plan required by section 801 of the Department of Energy Organization Act (
(2) CONTENTS- In updating the plan, the Secretary shall--CommentsClose CommentsPermalink
(A) report on progress made toward implementing efficiency policies to achieve the national goals established under subsection (a); andCommentsClose CommentsPermalink
(B) verify, to the maximum extent practicable, energy savings resulting from the policies.CommentsClose CommentsPermalink
(e) Report to Congress and Public- The Secretary shall submit to Congress, and make available to the public, the initial strategic plan developed under subsection (b) and each updated plan.CommentsClose CommentsPermalink
SEC. 253. NATIONAL MEDIA CAMPAIGN.
(a) In General- The Secretary, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy (referred to in this section as the `Secretary'), shall develop and conduct a national media campaign--CommentsClose CommentsPermalink
(1) to increase energy efficiency throughout the economy of the United States over the next decade;CommentsClose CommentsPermalink
(2) to promote the national security benefits associated with increased energy efficiency; andCommentsClose CommentsPermalink
(3) to decrease oil consumption in the United States over the next decade.CommentsClose CommentsPermalink
(b) Contract With Entity- The Secretary shall carry out subsection (a) directly or through--CommentsClose CommentsPermalink
(1) competitively bid contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements; orCommentsClose CommentsPermalink
(2) collective agreements with 1 or more nationally recognized institutes, businesses, or nonprofit organizations for the funding, development, and distribution of monthly television, radio, and newspaper public service announcements.CommentsClose CommentsPermalink
(c) Use of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Amounts made available to carry out this section shall be used for the following:CommentsClose CommentsPermalink
(A) ADVERTISING COSTS-CommentsClose CommentsPermalink
(i) The purchase of media time and space.CommentsClose CommentsPermalink
(ii) Creative and talent costs.CommentsClose CommentsPermalink
(iii) Testing and evaluation of advertising.CommentsClose CommentsPermalink
(iv) Evaluation of the effectiveness of the media campaign.CommentsClose CommentsPermalink
(B) ADMINISTRATIVE COSTS- Operational and management expenses.CommentsClose CommentsPermalink
(2) LIMITATIONS- In carrying out this section, the Secretary shall allocate not less than 85 percent of funds made available under subsection (e) for each fiscal year for the advertising functions specified under paragraph (1)(A).CommentsClose CommentsPermalink
(d) Reports- The Secretary shall annually submit to Congress a report that describes--CommentsClose CommentsPermalink
(1) the strategy of the national media campaign and whether specific objectives of the campaign were accomplished, including--CommentsClose CommentsPermalink
(A) determinations concerning the rate of change of energy consumption, in both absolute and per capita terms; andCommentsClose CommentsPermalink
(B) an evaluation that enables consideration whether the media campaign contributed to reduction of energy consumption;CommentsClose CommentsPermalink
(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the campaign;CommentsClose CommentsPermalink
(3) plans to purchase advertising time and space;CommentsClose CommentsPermalink
(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; andCommentsClose CommentsPermalink
(5) all contracts or cooperative agreements entered into with a corporation, partnership, or individual working on behalf of the national media campaign.CommentsClose CommentsPermalink
(e) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(2) DECREASED OIL CONSUMPTION- The Secretary shall use not less than 50 percent of the amount that is made available under this section for each fiscal year to develop and conduct a national media campaign to decrease oil consumption in the United States over the next decade.CommentsClose CommentsPermalink
SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.
(a) Statement of Policy- It is the policy of the United States that developing and deploying advanced technology to modernize and increase the efficiency of the electricity grid system of the United States is essential to maintain a reliable and secure electricity transmission and distribution infrastructure that can meet future demand growth.CommentsClose CommentsPermalink
(b) Programs- The Secretary, the Federal Energy Regulatory Commission, and other Federal agencies, as appropriate, shall carry out programs to support the use, development, and demonstration of advanced transmission and distribution technologies, including real-time monitoring and analytical software--CommentsClose CommentsPermalink
(1) to maximize the capacity and efficiency of electricity networks;CommentsClose CommentsPermalink
(2) to enhance grid reliability;CommentsClose CommentsPermalink
(3) to reduce line losses;CommentsClose CommentsPermalink
(4) to facilitate the transition to real-time electricity pricing;CommentsClose CommentsPermalink
(5) to allow grid incorporation of more onsite renewable energy generators;CommentsClose CommentsPermalink
(6) to enable electricity to displace a portion of the petroleum used to power the national transportation system of the United States; andCommentsClose CommentsPermalink
(7) to enable broad deployment of distributed generation and demand side management technology.CommentsClose CommentsPermalink
Subtitle E--Promoting Federal Leadership in Energy Efficiency and Renewable Energy
SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.
(a) Federal Fleet Conservation Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Part J of title III of the Energy Policy and Conservation Act (
`SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
`(a) Mandatory Reduction in Petroleum Consumption-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall issue regulations (including provisions for waivers from the requirements of this section) for Federal fleets subject to section 400AA requiring that not later than October 1, 2015, each Federal agency achieve at least a 20 percent reduction in petroleum consumption, and that each Federal agency increase alternative fuel consumption by 10 percent annually, as calculated from the baseline established by the Secretary for fiscal year 2005.CommentsClose CommentsPermalink
`(2) PLAN-CommentsClose CommentsPermalink
`(A) REQUIREMENT- The regulations shall require each Federal agency to develop a plan to meet the required petroleum reduction levels and the alternative fuel consumption increases.CommentsClose CommentsPermalink
`(B) MEASURES- The plan may allow an agency to meet the required petroleum reduction level through--CommentsClose CommentsPermalink
`(i) the use of alternative fuels;CommentsClose CommentsPermalink
`(ii) the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric vehicles, electric vehicles, and plug-in hybrid vehicles if the vehicles are commercially available;CommentsClose CommentsPermalink
`(iii) the substitution of cars for light trucks;CommentsClose CommentsPermalink
`(iv) an increase in vehicle load factors;CommentsClose CommentsPermalink
`(v) a decrease in vehicle miles traveled;CommentsClose CommentsPermalink
`(vi) a decrease in fleet size; andCommentsClose CommentsPermalink
`(vii) other measures.CommentsClose CommentsPermalink
`(b) Federal Employee Incentive Programs for Reducing Petroleum Consumption-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each Federal agency shall actively promote incentive programs that encourage Federal employees and contractors to reduce petroleum usage through the use of practices such as--CommentsClose CommentsPermalink
`(A) telecommuting;CommentsClose CommentsPermalink
`(B) public transit;CommentsClose CommentsPermalink
`(C) carpooling; andCommentsClose CommentsPermalink
`(D) bicycling.CommentsClose CommentsPermalink
`(2) MONITORING AND SUPPORT FOR INCENTIVE PROGRAMS- The Administrator of General Services, the Director of the Office of Personnel Management, and the Secretary of Energy shall monitor and provide appropriate support to agency programs described in paragraph (1).CommentsClose CommentsPermalink
`(3) RECOGNITION- The Secretary may establish a program under which the Secretary recognizes private sector employers and State and local governments for outstanding programs to reduce petroleum usage through practices described in paragraph (1).CommentsClose CommentsPermalink
`(c) Replacement Tires-CommentsClose CommentsPermalink
`(1) IN GENERAL- Except as provided in paragraph (2), the regulations issued under subsection (a)(1) shall include a requirement that, to the maximum extent practicable, each Federal agency purchase energy-efficient replacement tires for the respective fleet vehicles of the agency.CommentsClose CommentsPermalink
`(2) EXCEPTIONS- This section does not apply to--CommentsClose CommentsPermalink
`(A) law enforcement motor vehicles;CommentsClose CommentsPermalink
`(B) emergency motor vehicles; orCommentsClose CommentsPermalink
`(C) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons.CommentsClose CommentsPermalink
`(d) Annual Reports on Compliance- The Secretary shall submit to Congress an annual report that summarizes actions taken by Federal agencies to comply with this section.'.CommentsClose CommentsPermalink
(2) TABLE OF CONTENTS AMENDMENT- The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part J of title III the following:CommentsClose CommentsPermalink
`Sec. 400FF. Federal fleet conservation requirements.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out the amendment made by this section $10,000,000 for the period of fiscal years 2008 through 2013.CommentsClose CommentsPermalink
SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY GENERATED BY RENEWABLE ENERGY.
Section 203 of the Energy Policy Act of 2005 (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
`(a) Requirement-CommentsClose CommentsPermalink
`(1) IN GENERAL- The President, acting through the Secretary, shall require that, to the extent economically feasible and technically practicable, of the total quantity of domestic electric energy the Federal Government consumes during any fiscal year, the following percentages shall be renewable energy from facilities placed in service after January 1, 1999:CommentsClose CommentsPermalink
`(A) Not less than 10 percent in fiscal year 2010.CommentsClose CommentsPermalink
`(B) Not less than 15 percent in fiscal year 2015.CommentsClose CommentsPermalink
`(2) CAPITOL COMPLEX- The Architect of the Capitol, in consultation with the Secretary, shall ensure that, of the total quantity of electric energy the Capitol complex consumes during any fiscal year, the percentages prescribed in paragraph (1) shall be renewable energy.CommentsClose CommentsPermalink
`(3) WAIVER AUTHORITY- The President may reduce or waive the requirement under paragraph (1) on a fiscal-year basis if the President determines that complying with paragraph (1) for a fiscal year would result in--CommentsClose CommentsPermalink
`(A) a negative impact on military training or readiness activities conducted by the Department of Defense;CommentsClose CommentsPermalink
`(B) a negative impact on domestic preparedness activities conducted by the Department of Homeland Security; orCommentsClose CommentsPermalink
`(C) a requirement that a Federal agency provide emergency response services in the event of a natural disaster or terrorist attack.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(e) Contracts for Renewable Energy From Public Utility Services- Notwithstanding
SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Retention of Savings- Section 546(c) of the National Energy Conservation Policy Act (
(b) Sunset and Reporting Requirements- Section 801 of the National Energy Conservation Policy Act (
(c) Definition of Energy Savings- Section 804(2) of the National Energy Conservation Policy Act (
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;CommentsClose CommentsPermalink
(2) by striking `means a reduction' and inserting `means--CommentsClose CommentsPermalink
`(A) a reduction';CommentsClose CommentsPermalink
(3) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(B) the increased efficient use of an existing energy source by cogeneration or heat recovery, and installation of renewable energy systems;CommentsClose CommentsPermalink
`(C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy generated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal energy users; andCommentsClose CommentsPermalink
`(D) the increased efficient use of existing water sources in interior or exterior applications.'.CommentsClose CommentsPermalink
(d) Notification-CommentsClose CommentsPermalink
(1) AUTHORITY TO ENTER INTO CONTRACTS- Section 801(a)(2)(D) of the National Energy Conservation Policy Act (
(A) in clause (ii), by inserting `and' after the semicolon at the end;CommentsClose CommentsPermalink
(B) by striking clause (iii); andCommentsClose CommentsPermalink
(C) by redesignating clause (iv) as clause (iii).CommentsClose CommentsPermalink
(2) REPORTS- Section 548(a)(2) of the National Energy Conservation Policy Act (
(3) CONFORMING AMENDMENT-
(e) Energy and Cost Savings in Nonbuilding Applications-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) NONBUILDING APPLICATION- The term `nonbuilding application' means--CommentsClose CommentsPermalink
(i) any class of vehicles, devices, or equipment that is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air and that consumes energy from any fuel source for the purpose of--CommentsClose CommentsPermalink
(I) that transportation; orCommentsClose CommentsPermalink
(II) maintaining a controlled environment within the vehicle, device, or equipment; andCommentsClose CommentsPermalink
(ii) any federally-owned equipment used to generate electricity or transport water.CommentsClose CommentsPermalink
(B) SECONDARY SAVINGS-CommentsClose CommentsPermalink
(i) IN GENERAL- The term `secondary savings' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract.CommentsClose CommentsPermalink
(ii) INCLUSIONS- The term `secondary savings' includes--CommentsClose CommentsPermalink
(I) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support;CommentsClose CommentsPermalink
(II) personnel cost savings and environmental benefits; andCommentsClose CommentsPermalink
(III) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity so produced.CommentsClose CommentsPermalink
(2) STUDY-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly conduct, and submit to Congress and the President a report of, a study of the potential for the use of energy savings performance contracts to reduce energy consumption and provide energy and cost savings in nonbuilding applications.CommentsClose CommentsPermalink
(B) REQUIREMENTS- The study under this subsection shall include--CommentsClose CommentsPermalink
(i) an estimate of the potential energy and cost savings to the Federal Government, including secondary savings and benefits, from increased efficiency in nonbuilding applications;CommentsClose CommentsPermalink
(ii) an assessment of the feasibility of extending the use of energy savings performance contracts to nonbuilding applications, including an identification of any regulatory or statutory barriers to such use; andCommentsClose CommentsPermalink
(iii) such recommendations as the Secretary and Secretary of Defense determine to be appropriate.CommentsClose CommentsPermalink
SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL BUILDINGS.
Section 543(a)(1) of the National Energy Conservation Policy Act (
--2CommentsClose CommentsPermalink
--4CommentsClose CommentsPermalink
--9CommentsClose CommentsPermalink
--12CommentsClose CommentsPermalink
--15CommentsClose CommentsPermalink
--18CommentsClose CommentsPermalink
--21CommentsClose CommentsPermalink
--24CommentsClose CommentsPermalink
--27CommentsClose CommentsPermalink
--30.'.CommentsClose CommentsPermalink
SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY INSTALLATIONS AT FEDERAL SITES.
Section 543 of the National Energy Conservation Policy Act (
`(f) Combined Heat and Power and District Energy Installations at Federal Sites-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 18 months after the date of enactment of this subsection, the Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall identify Federal sites that could achieve significant cost-effective energy savings through the use of combined heat and power or district energy installations.CommentsClose CommentsPermalink
`(2) INFORMATION AND TECHNICAL ASSISTANCE- The Secretary shall provide agencies with information and technical assistance that will enable the agencies to take advantage of the energy savings described in paragraph (1).CommentsClose CommentsPermalink
`(3) ENERGY PERFORMANCE REQUIREMENTS- Any energy savings from the installations described in paragraph (1) may be applied to meet the energy performance requirements for an agency under subsection (a)(1).'.CommentsClose CommentsPermalink
SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act (
(1) in the matter preceding clause (i), by striking `this paragraph' and by inserting `the Energy Efficiency Promotion Act of 2007'; andCommentsClose CommentsPermalink
(2) in clause (i)--CommentsClose CommentsPermalink
(A) in subclause (I), by striking `and' at the end;CommentsClose CommentsPermalink
(B) by redesignating subclause (II) as subclause (III); andCommentsClose CommentsPermalink
(C) by inserting after subclause (I) the following:CommentsClose CommentsPermalink
`(II) the buildings be designed, to the extent economically feasible and technically practicable, so that the fossil fuel-generated energy consumption of the buildings is reduced, as compared with the fossil fuel-generated energy consumption by a similar Federal building in fiscal year 2003 (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency), by the percentage specified in the following table:CommentsClose CommentsPermalink
--50CommentsClose CommentsPermalink
--60CommentsClose CommentsPermalink
--70CommentsClose CommentsPermalink
--80CommentsClose CommentsPermalink
--90CommentsClose CommentsPermalink
--100;CommentsClose CommentsPermalink
SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION CODE TO PUBLIC AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable Housing Act (
(1) in subsection (a)(1)(C), by striking, `, where such standards are determined to be cost effective by the Secretary of Housing and Urban Development';CommentsClose CommentsPermalink
(2) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) by striking `the Council of American Building Officials Model Energy Code, 1992' and inserting `2006 International Energy Conservation Code'; andCommentsClose CommentsPermalink
(B) by striking `, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (
(3) in subsection (b)--CommentsClose CommentsPermalink
(A) in the heading, by striking `Model Energy Code- ' and inserting `International Energy Conservation Code- ';CommentsClose CommentsPermalink
(B) after `all new construction' in the first sentence insert `and rehabilitation'; andCommentsClose CommentsPermalink
(C) by striking `, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (
(4) in subsection (c)--CommentsClose CommentsPermalink
(A) in the heading, by striking `Model Energy Code and'; andCommentsClose CommentsPermalink
(B) by striking `, or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(d) Failure To Amend the Standards- If the Secretaries have not, within 1 year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1-2004 are revised, amended the standards or made a determination under subsection (c) of this section, and if the Secretary of Energy has made a determination under section 304 of the Energy Conservation and Production Act (
(6) by striking `CABO Model Energy Code, 1992' each place it appears and inserting `the 2006 IECC'; andCommentsClose CommentsPermalink
(7) by striking `1989' each place it appears and inserting `2004'.CommentsClose CommentsPermalink
SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CONSORTIUM- The term `consortium' means a working group that is comprised of--CommentsClose CommentsPermalink
(A) individuals representing--CommentsClose CommentsPermalink
(i) 1 or more businesses engaged in--CommentsClose CommentsPermalink
(I) commercial building development;CommentsClose CommentsPermalink
(II) construction; orCommentsClose CommentsPermalink
(III) real estate;CommentsClose CommentsPermalink
(ii) financial institutions;CommentsClose CommentsPermalink
(iii) academic or research institutions;CommentsClose CommentsPermalink
(iv) State or utility energy efficiency programs;CommentsClose CommentsPermalink
(v) nongovernmental energy efficiency organizations; andCommentsClose CommentsPermalink
(vi) the Federal Government;CommentsClose CommentsPermalink
(B) 1 or more building designers; andCommentsClose CommentsPermalink
(C) 1 or more individuals who own or operate 1 or more buildings.CommentsClose CommentsPermalink
(2) ENERGY EFFICIENT COMMERCIAL BUILDING- The term `energy efficient commercial building' means a commercial building that is designed, constructed, and operated--CommentsClose CommentsPermalink
(A) to require a greatly reduced quantity of energy;CommentsClose CommentsPermalink
(B) to meet, on an annual basis, the balance of energy needs of the commercial building from renewable sources of energy; andCommentsClose CommentsPermalink
(C) to be economically viable.CommentsClose CommentsPermalink
(3) INITIATIVE- The term `initiative' means the Energy Efficient Commercial Buildings Initiative.CommentsClose CommentsPermalink
(b) Initiative-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into an agreement with the consortium to develop and carry out the initiative--CommentsClose CommentsPermalink
(A) to reduce the quantity of energy consumed by commercial buildings located in the United States; andCommentsClose CommentsPermalink
(B) to achieve the development of energy efficient commercial buildings in the United States.CommentsClose CommentsPermalink
(2) GOAL OF INITIATIVE- The goal of the initiative shall be to develop technologies and practices and implement policies that lead to energy efficient commercial buildings for--CommentsClose CommentsPermalink
(A) any commercial building newly constructed in the United States by 2030;CommentsClose CommentsPermalink
(B) 50 percent of the commercial building stock of the United States by 2040; andCommentsClose CommentsPermalink
(C) all commercial buildings in the United States by 2050.CommentsClose CommentsPermalink
(3) COMPONENTS- In carrying out the initiative, the Secretary, in collaboration with the consortium, may--CommentsClose CommentsPermalink
(A) conduct research and development on building design, materials, equipment and controls, operation and other practices, integration, energy use measurement and benchmarking, and policies;CommentsClose CommentsPermalink
(B) conduct demonstration projects to evaluate replicable approaches to achieving energy efficient commercial buildings for a variety of building types in a variety of climate zones;CommentsClose CommentsPermalink
(C) conduct deployment activities to disseminate information on, and encourage widespread adoption of, technologies, practices, and policies to achieve energy efficient commercial buildings; andCommentsClose CommentsPermalink
(D) conduct any other activity necessary to achieve any goal of the initiative, as determined by the Secretary, in collaboration with the consortium.CommentsClose CommentsPermalink
(c) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
(2) ADDITIONAL FUNDING- In addition to amounts authorized to be appropriated under paragraph (1), the Secretary may allocate funds from other appropriations to the initiative without changing the purpose for which the funds are appropriated.CommentsClose CommentsPermalink
Subtitle F--Assisting State and Local Governments in Energy Efficiency
SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.
Section 422 of the Energy Conservation and Production Act (
SEC. 272. STATE ENERGY CONSERVATION PLANS.
Section 365(f) of the Energy Policy and Conservation Act (
SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities- Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (
`(16) INTEGRATED RESOURCE PLANNING- Each electric utility shall--CommentsClose CommentsPermalink
`(A) integrate energy efficiency resources into utility, State, and regional plans; andCommentsClose CommentsPermalink
`(B) adopt policies establishing cost-effective energy efficiency as a priority resource.CommentsClose CommentsPermalink
`(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The rates allowed to be charged by any electric utility shall--CommentsClose CommentsPermalink
`(i) align utility incentives with the delivery of cost-effective energy efficiency; andCommentsClose CommentsPermalink
`(ii) promote energy efficiency investments.CommentsClose CommentsPermalink
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider--CommentsClose CommentsPermalink
`(i) removing the throughput incentive and other regulatory and management disincentives to energy efficiency;CommentsClose CommentsPermalink
`(ii) providing utility incentives for the successful management of energy efficiency programs;CommentsClose CommentsPermalink
`(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives;CommentsClose CommentsPermalink
`(iv) adopting rate designs that encourage energy efficiency for each customer class; andCommentsClose CommentsPermalink
`(v) allowing timely recovery of energy efficiency-related costs.'.CommentsClose CommentsPermalink
(b) Natural Gas Utilities- Section 303(b) of the Public Utility Regulatory Policies Act of 1978 (
`(5) ENERGY EFFICIENCY- Each natural gas utility shall--CommentsClose CommentsPermalink
`(A) integrate energy efficiency resources into the plans and planning processes of the natural gas utility; andCommentsClose CommentsPermalink
`(B) adopt policies that establish energy efficiency as a priority resource in the plans and planning processes of the natural gas utility.CommentsClose CommentsPermalink
`(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The rates allowed to be charged by a natural gas utility shall align utility incentives with the deployment of cost-effective energy efficiency.CommentsClose CommentsPermalink
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider--CommentsClose CommentsPermalink
`(i) separating fixed-cost revenue recovery from the volume of transportation or sales service provided to the customer;CommentsClose CommentsPermalink
`(ii) providing to utilities incentives for the successful management of energy efficiency programs, such as allowing utilities to retain a portion of the cost-reducing benefits accruing from the programs;CommentsClose CommentsPermalink
`(iii) promoting the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives; andCommentsClose CommentsPermalink
`(iv) adopting rate designs that encourage energy efficiency for each customer class.'.CommentsClose CommentsPermalink
SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM ASSISTANCE.
The Secretary shall provide technical assistance regarding the design and implementation of the energy efficiency and demand response programs established under this title, and the amendments made by this title, to State energy offices, public utility regulatory commissions, and nonregulated utilities through the appropriate national laboratories of the Department of Energy.CommentsClose CommentsPermalink
SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
Title I of the Housing and Community Development Act of 1974 (
`SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
`(a) Definitions- In this sectionCommentsClose CommentsPermalink
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--CommentsClose CommentsPermalink
`(A) a State;CommentsClose CommentsPermalink
`(B) an eligible unit of local government within a State; andCommentsClose CommentsPermalink
`(C) an Indian tribe.CommentsClose CommentsPermalink
`(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT- The term `eligible unit of local government' means--CommentsClose CommentsPermalink
`(A) a city with a population--CommentsClose CommentsPermalink
`(i) of at least 35,000; orCommentsClose CommentsPermalink
`(ii) that causes the city to be 1 of the top 10 most populous cities of the State in which the city is located; andCommentsClose CommentsPermalink
`(B) a county with a population--CommentsClose CommentsPermalink
`(i) of at least 200,000; orCommentsClose CommentsPermalink
`(ii) that causes the county to be 1 of the top 10 most populous counties of the State in which the county is located.CommentsClose CommentsPermalink
`(3) SECRETARY- The term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink
`(4) STATE- The term `State' means--CommentsClose CommentsPermalink
`(A) a State;CommentsClose CommentsPermalink
`(B) the District of Columbia;CommentsClose CommentsPermalink
`(C) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink
`(D) any other territory or possession of the United States.CommentsClose CommentsPermalink
`(b) Purpose- The purpose of this section is to assist State and local governments in implementing strategies--CommentsClose CommentsPermalink
`(1) to reduce fossil fuel emissions created as a result of activities within the boundaries of the States or units of local government;CommentsClose CommentsPermalink
`(2) to reduce the total energy use of the States and units of local government; andCommentsClose CommentsPermalink
`(3) to improve energy efficiency in the transportation sector, building sector, and any other appropriate sectors.CommentsClose CommentsPermalink
`(c) Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall provide to eligible entities block grants to carry out eligible activities (as specified under paragraph (2)) relating to the implementation of environmentally beneficial energy strategies.CommentsClose CommentsPermalink
`(2) ELIGIBLE ACTIVITIES- The Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, and the Secretary of Housing and Urban Development, shall establish a list of activities that are eligible for assistance under the grant program.CommentsClose CommentsPermalink
`(3) ALLOCATION TO STATES AND ELIGIBLE UNITS OF LOCAL GOVERNMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- Of the amounts made available to provide grants under this subsection, the Secretary shall allocate--CommentsClose CommentsPermalink
`(i) 70 percent to eligible units of local government; andCommentsClose CommentsPermalink
`(ii) 30 percent to States.CommentsClose CommentsPermalink
`(B) DISTRIBUTION TO ELIGIBLE UNITS OF LOCAL GOVERNMENT-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary shall establish a formula for the distribution of amounts under subparagraph (A)(i) to eligible units of local government, taking into account any factors that the Secretary determines to be appropriate, including the residential and daytime population of the eligible units of local government.CommentsClose CommentsPermalink
`(ii) CRITERIA- Amounts shall be distributed to eligible units of local government under clause (i) only if the eligible units of local government meet the criteria for distribution established by the Secretary for units of local government.CommentsClose CommentsPermalink
`(C) DISTRIBUTION TO STATES-CommentsClose CommentsPermalink
`(i) IN GENERAL- Of the amounts provided to States under subparagraph (A)(ii), the Secretary shall distribute--CommentsClose CommentsPermalink
`(I) at least 1.25 percent to each State; andCommentsClose CommentsPermalink
`(II) the remainder among the States, based on a formula, to be determined by the Secretary, that takes into account the population of the States and any other criteria that the Secretary determines to be appropriate.CommentsClose CommentsPermalink
`(ii) CRITERIA- Amounts shall be distributed to States under clause (i) only if the States meet the criteria for distribution established by the Secretary for States.CommentsClose CommentsPermalink
`(iii) LIMITATION ON USE OF STATE FUNDS- At least 40 percent of the amounts distributed to States under this subparagraph shall be used by the States for the conduct of eligible activities in nonentitlement areas in the States, in accordance with any criteria established by the Secretary.CommentsClose CommentsPermalink
`(4) REPORT- Not later than 2 years after the date on which an eligible entity first receives a grant under this section, and every 2 years thereafter, the eligible entity shall submit to the Secretary a report that describes any eligible activities carried out using assistance provided under this subsection.CommentsClose CommentsPermalink
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
`(d) Environmentally Beneficial Energy Strategies Supplemental Grant Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall provide to each eligible entity that meets the applicable criteria under subparagraph (B)(ii) or (C)(ii) of subsection (c)(3) a supplemental grant to pay the Federal share of the total costs of carrying out an activity relating to the implementation of an environmentally beneficial energy strategy.CommentsClose CommentsPermalink
`(2) REQUIREMENTS- To be eligible for a grant under paragraph (1), an eligible entity shall--CommentsClose CommentsPermalink
`(A) demonstrate to the satisfaction of the Secretary that the eligible entity meets the applicable criteria under subparagraph (B)(ii) or (C)(ii) of subsection (c)(3); andCommentsClose CommentsPermalink
`(B) submit to the Secretary for approval a plan that describes the activities to be funded by the grant.CommentsClose CommentsPermalink
`(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
`(A) FEDERAL SHARE- The Federal share of the cost of carrying out any activities under this subsection shall be 75 percent.CommentsClose CommentsPermalink
`(B) NON-FEDERAL SHARE-CommentsClose CommentsPermalink
`(i) FORM- Not more than 50 percent of the non-Federal share may be in the form of in-kind contributions.CommentsClose CommentsPermalink
`(ii) LIMITATION- Amounts provided to an eligible entity under subsection (c) shall not be used toward the non-Federal share.CommentsClose CommentsPermalink
`(4) MAINTENANCE OF EFFORT- An eligible entity shall provide assurances to the Secretary that funds provided to the eligible entity under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the eligible entity for eligible activities under this subsection.CommentsClose CommentsPermalink
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
`(e) Grants to Other States and Communities-CommentsClose CommentsPermalink
`(1) IN GENERAL- Of the total amount of funds that are made available each fiscal year to carry out this section, the Secretary shall use 2 percent of the amount to make competitive grants under this section to States and units of local government that are not eligible entities or to consortia of such units of local government.CommentsClose CommentsPermalink
`(2) APPLICATIONS- To be eligible for a grant under this subsection, a State, unit of local government, or consortia described in paragraph (1) shall apply to the Secretary for a grant to carry out an activity that would otherwise be eligible for a grant under subsection (c) or (d).CommentsClose CommentsPermalink
`(3) PRIORITY- In awarding grants under this subsection, the Secretary shall give priority to--CommentsClose CommentsPermalink
`(A) States with populations of less than 2,000,000; andCommentsClose CommentsPermalink
`(B) projects that would result in significant energy efficiency improvements, reductions in fossil fuel use, or capital improvements.'.CommentsClose CommentsPermalink
SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.
Part G of title III of the Energy Policy and Conservation Act is amended by inserting after section 399 (
`SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.
`(a) Definitions- In this section:CommentsClose CommentsPermalink
`(1) ENERGY SUSTAINABILITY- The term `energy sustainability' includes using a renewable energy resource and a highly efficient technology for electricity generation, transportation, heating, or cooling.CommentsClose CommentsPermalink
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (
`(b) Grants for Energy Efficiency Improvement-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall award not more than 100 grants to institutions of higher education to carry out projects to improve energy efficiency on the grounds and facilities of the institution of higher education, including not less than 1 grant to an institution of higher education in each State.CommentsClose CommentsPermalink
`(2) CONDITION- As a condition of receiving a grant under this subsection, an institution of higher education shall agree to--CommentsClose CommentsPermalink
`(A) implement a public awareness campaign concerning the project in the community in which the institution of higher education is located; andCommentsClose CommentsPermalink
`(B) submit to the Secretary, and make available to the public, reports on any efficiency improvements, energy cost savings, and environmental benefits achieved as part of a project carried out under paragraph (1).CommentsClose CommentsPermalink
`(c) Grants for Innovation in Energy Sustainability-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall award not more than 250 grants to institutions of higher education to engage in innovative energy sustainability projects, including not less than 2 grants to institutions of higher education in each State.CommentsClose CommentsPermalink
`(2) INNOVATION PROJECTS- An innovation project carried out with a grant under this subsection shall--CommentsClose CommentsPermalink
`(A) involve--CommentsClose CommentsPermalink
`(i) an innovative technology that is not yet commercially available; orCommentsClose CommentsPermalink
`(ii) available technology in an innovative application that maximizes energy efficiency and sustainability;CommentsClose CommentsPermalink
`(B) have the greatest potential for testing or demonstrating new technologies or processes; andCommentsClose CommentsPermalink
`(C) ensure active student participation in the project, including the planning, implementation, evaluation, and other phases of the project.CommentsClose CommentsPermalink
`(3) CONDITION- As a condition of receiving a grant under this subsection, an institution of higher education shall agree to submit to the Secretary, and make available to the public, reports that describe the results of the projects carried out under paragraph (1).CommentsClose CommentsPermalink
`(d) Awarding of Grants-CommentsClose CommentsPermalink
`(1) APPLICATION- An institution of higher education that seeks to receive a grant under this section may submit to the Secretary an application for the grant at such time, in such form, and containing such information as the Secretary may prescribe.CommentsClose CommentsPermalink
`(2) SELECTION- The Secretary shall establish a committee to assist in the selection of grant recipients under this section.CommentsClose CommentsPermalink
`(e) Allocation to Institutions of Higher Education With Small Endowments- Of the amount of grants provided for a fiscal year under this section, the Secretary shall provide not less 50 percent of the amount to institutions of higher education that have an endowment of not more than $100,000,000, with 50 percent of the allocation set aside for institutions of higher education that have an endowment of not more than $50,000,000.CommentsClose CommentsPermalink
`(f) Grant Amounts- The maximum amount of grants for a project under this section shall not exceed--CommentsClose CommentsPermalink
`(1) in the case of grants for energy efficiency improvement under subsection (b), $1,000,000; orCommentsClose CommentsPermalink
`(2) in the case of grants for innovation in energy sustainability under subsection (c), $500,000.CommentsClose CommentsPermalink
`(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.'.CommentsClose CommentsPermalink
SEC. 277. WORKFORCE TRAINING.
Section 1101 of the Energy Policy Act of 2005 (
(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Workforce Training-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary, in cooperation with the Secretary of Labor, shall promulgate regulations to implement a program to provide workforce training to meet the high demand for workers skilled in the energy efficiency and renewable energy industries.CommentsClose CommentsPermalink
`(2) CONSULTATION- In carrying out this subsection, the Secretary shall consult with representatives of the energy efficiency and renewable energy industries concerning skills that are needed in those industries.'.CommentsClose CommentsPermalink
SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.
(a) Statement of Policy- Congress encourages each local educational agency (as defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary, working in coordination with the Secretary of Education, $5,000,000 for each of fiscal years 2007 through 2012 for use in educating States and local education agencies about--CommentsClose CommentsPermalink
(1) benefits of reducing school bus idling; andCommentsClose CommentsPermalink
(2) ways in which school bus idling may be reduced.CommentsClose CommentsPermalink
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the `Carbon Capture and Sequestration Act of 2007'.CommentsClose CommentsPermalink
SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM.
Section 963 of the Energy Policy Act of 2005 (
(1) in the section heading, by striking `research and development' and inserting `and storage research, development, and demonstration';CommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `research and development' and inserting `and storage research, development, and demonstration'; andCommentsClose CommentsPermalink
(B) by striking `capture technologies on combustion-based systems' and inserting `capture and storage technologies related to energy systems';CommentsClose CommentsPermalink
(3) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(5) to expedite and carry out large-scale testing of carbon sequestration systems in a range of geological formations that will provide information on the cost and feasibility of deployment of sequestration technologies.'; andCommentsClose CommentsPermalink
(4) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
`(c) Programmatic Activities-CommentsClose CommentsPermalink
`(1) ENERGY RESEARCH AND DEVELOPMENT UNDERLYING CARBON CAPTURE AND STORAGE TECHNOLOGIES AND CARBON USE ACTIVITIES-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and store, recycle, or reuse carbon dioxide.CommentsClose CommentsPermalink
`(B) PROGRAM INTEGRATION- The Secretary shall ensure that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities, the field testing of carbon sequestration, and carbon use activities, including--CommentsClose CommentsPermalink
`(i) development of new or improved technologies for the capture of carbon dioxide;CommentsClose CommentsPermalink
`(ii) development of new or improved technologies that reduce the cost and increase the efficacy of the compression of carbon dioxide required for the storage of carbon dioxide;CommentsClose CommentsPermalink
`(iii) modeling and simulation of geological sequestration field demonstrations;CommentsClose CommentsPermalink
`(iv) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies; andCommentsClose CommentsPermalink
`(v) research and development of new and improved technologies for carbon use, including recycling and reuse of carbon dioxide.CommentsClose CommentsPermalink
`(2) CARBON CAPTURE DEMONSTRATION PROJECT-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall carry out a demonstration of large-scale carbon dioxide capture from an appropriate gasification facility selected by the Secretary.CommentsClose CommentsPermalink
`(B) LINK TO STORAGE ACTIVITIES- The Secretary may require the use of carbon dioxide from the project carried out under subparagraph (A) in a field testing validation activity under this section.CommentsClose CommentsPermalink
`(3) FIELD VALIDATION TESTING ACTIVITIES-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall promote, to the maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate geological settings, including--CommentsClose CommentsPermalink
`(i) operating oil and gas fields;CommentsClose CommentsPermalink
`(ii) depleted oil and gas fields;CommentsClose CommentsPermalink
`(iii) unmineable coal seams;CommentsClose CommentsPermalink
`(iv) deep saline formations;CommentsClose CommentsPermalink
`(v) deep geological systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity; andCommentsClose CommentsPermalink
`(vi) deep geologic systems containing basalt formations.CommentsClose CommentsPermalink
`(B) OBJECTIVES- The objectives of tests conducted under this paragraph shall be--CommentsClose CommentsPermalink
`(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment;CommentsClose CommentsPermalink
`(ii) to validate modeling of geological formations;CommentsClose CommentsPermalink
`(iii) to refine storage capacity estimated for particular geological formations;CommentsClose CommentsPermalink
`(iv) to determine the fate of carbon dioxide concurrent with and following injection into geological formations;CommentsClose CommentsPermalink
`(v) to develop and implement best practices for operations relating to, and monitoring of, injection and storage of carbon dioxide in geologic formations;CommentsClose CommentsPermalink
`(vi) to assess and ensure the safety of operations related to geological storage of carbon dioxide; andCommentsClose CommentsPermalink
`(vii) to allow the Secretary to promulgate policies, procedures, requirements, and guidance to ensure that the objectives of this subparagraph are met in large-scale testing and deployment activities for carbon capture and storage that are funded by the Department of Energy.CommentsClose CommentsPermalink
`(4) LARGE-SCALE TESTING AND DEPLOYMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall conduct not less than 7 initial large-volume sequestration tests for geological containment of carbon dioxide (at least 1 of which shall be international in scope) to validate information on the cost and feasibility of commercial deployment of technologies for geological containment of carbon dioxide.CommentsClose CommentsPermalink
`(B) DIVERSITY OF FORMATIONS TO BE STUDIED- In selecting formations for study under this paragraph, the Secretary shall consider a variety of geological formations across the United States, and require characterization and modeling of candidate formations, as determined by the Secretary.CommentsClose CommentsPermalink
`(5) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS PROPOSALS- In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary shall give preference to proposals from partnerships among industrial, academic, and government entities.CommentsClose CommentsPermalink
`(6) COST SHARING- Activities under this subsection shall be considered research and development activities that are subject to the cost-sharing requirements of section 988(b).CommentsClose CommentsPermalink
`(7) PROGRAM REVIEW AND REPORT- During fiscal year 2011, the Secretary shall--CommentsClose CommentsPermalink
`(A) conduct a review of programmatic activities carried out under this subsection; andCommentsClose CommentsPermalink
`(B) make recommendations with respect to continuation of the activities.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
`(1) $150,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(2) $200,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(3) $200,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(4) $180,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
`(5) $165,000,000 for fiscal year 2012.'.CommentsClose CommentsPermalink
SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions- In this sectionCommentsClose CommentsPermalink
(1) ASSESSMENT- The term `assessment' means the national assessment of capacity for carbon dioxide completed under subsection (f).CommentsClose CommentsPermalink
(2) CAPACITY- The term `capacity' means the portion of a storage formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b).CommentsClose CommentsPermalink
(3) ENGINEERED HAZARD- The term `engineered hazard' includes the location and completion history of any well that could affect potential storage.CommentsClose CommentsPermalink
(4) RISK- The term `risk' includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards.CommentsClose CommentsPermalink
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the United States Geological Survey.CommentsClose CommentsPermalink
(6) STORAGE FORMATION- The term `storage formation' means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide.CommentsClose CommentsPermalink
(b) Methodology- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration--CommentsClose CommentsPermalink
(1) the geographical extent of all potential storage formations in all States;CommentsClose CommentsPermalink
(2) the capacity of the potential storage formations;CommentsClose CommentsPermalink
(3) the injectivity of the potential storage formations;CommentsClose CommentsPermalink
(4) an estimate of potential volumes of oil and gas recoverable by injection and storage of industrial carbon dioxide in potential storage formations;CommentsClose CommentsPermalink
(5) the risk associated with the potential storage formations; andCommentsClose CommentsPermalink
(6) the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department of Energy in April 2006.CommentsClose CommentsPermalink
(c) Coordination-CommentsClose CommentsPermalink
(1) FEDERAL COORDINATION-CommentsClose CommentsPermalink
(A) CONSULTATION- The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this title to ensure the maximum usefulness and success of the assessment.CommentsClose CommentsPermalink
(B) COOPERATION- The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment.CommentsClose CommentsPermalink
(2) STATE COORDINATION- The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment.CommentsClose CommentsPermalink
(d) External Review and Publication- On completion of the methodology under subsection (b), the Secretary shall--CommentsClose CommentsPermalink
(1) publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies;CommentsClose CommentsPermalink
(2) establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); andCommentsClose CommentsPermalink
(3) on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology.CommentsClose CommentsPermalink
(e) Periodic Updates- The methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available.CommentsClose CommentsPermalink
(f) National Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology.CommentsClose CommentsPermalink
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining storage capacity of carbon dioxide in geological storage formations, including--CommentsClose CommentsPermalink
(A) well log data;CommentsClose CommentsPermalink
(B) core data; andCommentsClose CommentsPermalink
(C) fluid sample data.CommentsClose CommentsPermalink
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the storage of carbon dioxide in geologic formations.CommentsClose CommentsPermalink
(4) INCORPORATION INTO NATCARB-CommentsClose CommentsPermalink
(A) IN GENERAL- On completion of the assessment, the Secretary of Energy shall incorporate the results of the assessment using the NatCarb database, to the maximum extent practicable.CommentsClose CommentsPermalink
(B) RANKING- The database shall include the data necessary to rank potential storage sites for capacity and risk, across the United States, within each State, by formation, and within each basin.CommentsClose CommentsPermalink
(5) REPORT- Not later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the findings under the assessment.CommentsClose CommentsPermalink
(6) PERIODIC UPDATES- The national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) INDUSTRIAL SOURCES OF CARBON DIOXIDE- The term `industrial sources of carbon dioxide' means one or more facilities to--CommentsClose CommentsPermalink
(A) generate electric energy from fossil fuels;CommentsClose CommentsPermalink
(B) refine petroleum;CommentsClose CommentsPermalink
(C) manufacture iron or steel;CommentsClose CommentsPermalink
(D) manufacture cement or cement clinker;CommentsClose CommentsPermalink
(E) manufacture commodity chemicals (including from coal gasification); orCommentsClose CommentsPermalink
(F) manufacture transportation fuels from coal.CommentsClose CommentsPermalink
(2) SECRETARY- The term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink
(b) Program Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out a program to demonstrate technologies for the large-scale capture of carbon dioxide from industrial sources of carbon dioxide.CommentsClose CommentsPermalink
(2) SCOPE OF AWARD- An award under this section shall be only for the portion of the project that carries out the large-scale capture (including purification and compression) of carbon dioxide, as well as the cost of transportation and injection of carbon dioxide.CommentsClose CommentsPermalink
(3) QUALIFICATIONS FOR AWARD- To be eligible for an award under this section, a project proposal must include the following:CommentsClose CommentsPermalink
(A) CAPACITY- The capture of not less than eighty-five percent of the produced carbon dioxide at the facility, and not less than 500,000 short tons of carbon dioxide per year.CommentsClose CommentsPermalink
(B) STORAGE AGREEMENT- A binding agreement for the storage of all of the captured carbon dioxide in--CommentsClose CommentsPermalink
(i) a field testing validation activity under section 963 of the Energy Policy Act of 2005, as amended by this Act; orCommentsClose CommentsPermalink
(ii) other geological storage projects approved by the Secretary.CommentsClose CommentsPermalink
(C) PURITY LEVEL- A purity level of at least 95 percent for the captured carbon dioxide delivered for storage.CommentsClose CommentsPermalink
(D) COMMITMENT TO CONTINUED OPERATION OF SUCCESSFUL UNIT- If the project successfully demonstrates capture and storage of carbon dioxide, a commitment to continued capture and storage of carbon dioxide after the conclusion of the demonstration.CommentsClose CommentsPermalink
(4) COST-SHARING- The cost-sharing requirements of section 988 of the Energy Policy Act of 2005 shall apply to this section.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 per year for fiscal years 2009 through 2013.CommentsClose CommentsPermalink
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
SEC. 401. SHORT TITLE.
This title may be cited as the `Public Buildings Cost Reduction Act of 2007'.CommentsClose CommentsPermalink
SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator of General Services (referred to in this section as the `Administrator') shall establish a program to accelerate the use of more cost-effective technologies and practices at GSA facilities.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The program established under this subsection shall--CommentsClose CommentsPermalink
(A) ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant Federal agencies;CommentsClose CommentsPermalink
(B) provide technical assistance and operational guidance to applicable tenants in order to achieve the goals identified in subsection (c)(2)(A); andCommentsClose CommentsPermalink
(C) establish methods to track the success of departments and agencies with respect to the goals identified in subsection (c)(2)(A).CommentsClose CommentsPermalink
(b) Accelerated Use of Cost-Effective Lighting Technologies-CommentsClose CommentsPermalink
(1) REVIEW-CommentsClose CommentsPermalink
(A) IN GENERAL- As part of the program under this subsection, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of--CommentsClose CommentsPermalink
(i) current use of cost-effective lighting technologies in GSA facilities; andCommentsClose CommentsPermalink
(ii) the availability to managers of GSA facilities of cost-effective lighting technologies.CommentsClose CommentsPermalink
(B) REQUIREMENTS- The review under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) examine the use of cost-effective lighting technologies and other cost-effective technologies and practices by Federal agencies in GSA facilities; andCommentsClose CommentsPermalink
(ii) identify, in consultation with the Environmental Protection Agency, cost-effective lighting technology standards that could be used for all types of GSA facilities.CommentsClose CommentsPermalink
(2) REPLACEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- As part of the program under this subsection, not later than 180 days after the date of enactment of this Act, the Administrator shall establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations.CommentsClose CommentsPermalink
(B) ACCELERATION PLAN TIMETABLE-CommentsClose CommentsPermalink
(i) IN GENERAL- To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable including milestones for specific activities needed to replace existing lighting technologies with more cost-effective lighting technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility.CommentsClose CommentsPermalink
(ii) GOAL- The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies by not later than the date that is 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) GSA Facility Cost-Effective Technologies and Practices- Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall--CommentsClose CommentsPermalink
(1) ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; andCommentsClose CommentsPermalink
(2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that--CommentsClose CommentsPermalink
(A) identifies the specific activities needed to achieve a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after the date of enactment of this Act;CommentsClose CommentsPermalink
(B) describes activities required and carried out to estimate the funds necessary to achieve the reduction described in subparagraph (A);CommentsClose CommentsPermalink
(C) describes the status of the implementation of cost-effective technologies and practices at GSA facilities, including--CommentsClose CommentsPermalink
(i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this title; andCommentsClose CommentsPermalink
(ii) the status of funding requests and appropriations for those programs;CommentsClose CommentsPermalink
(D) identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies and practices;CommentsClose CommentsPermalink
(E) recommends language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices;CommentsClose CommentsPermalink
(F) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for--CommentsClose CommentsPermalink
(i) permitting Federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices; andCommentsClose CommentsPermalink
(ii) identifying short- and long-term cost savings that accrue from cost-effective technologies and practices;CommentsClose CommentsPermalink
(G) achieves cost savings through the application of cost-effective technologies and practices sufficient to pay the incremental additional costs of installing the cost-effective technologies and practices by not later than the date that is 5 years after the date of installation; andCommentsClose CommentsPermalink
(H) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.CommentsClose CommentsPermalink
SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.
(a) Grant Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator') shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as municipalities and counties), with respect to local government buildings--CommentsClose CommentsPermalink
(A) to deploy cost-effective technologies and practices; andCommentsClose CommentsPermalink
(B) to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator.CommentsClose CommentsPermalink
(2) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of an activity carried out using a grant provided under this section shall be 40 percent.CommentsClose CommentsPermalink
(B) WAIVER OF NON-FEDERAL SHARE- The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Administrator determine that the community is economically distressed, pursuant to objective economic criteria established by the Administrator in published guidelines.CommentsClose CommentsPermalink
(3) MAXIMUM AMOUNT- The amount of a grant provided under this subsection shall not exceed $1,000,000.CommentsClose CommentsPermalink
(b) Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator shall issue guidelines to implement the grant program established under subsection (a).CommentsClose CommentsPermalink
(2) REQUIREMENTS- The guidelines under paragraph (1) shall establish--CommentsClose CommentsPermalink
(A) standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section;CommentsClose CommentsPermalink
(B) standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; andCommentsClose CommentsPermalink
(C) a requirement that each local government that receives a grant under this section shall achieve facility-wide cost savings, through renovation of existing local government buildings using cost-effective technologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather-normalized average).CommentsClose CommentsPermalink
(c) Compliance With State and Local Law- Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the relevant requirement of this section.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2007 through 2012.CommentsClose CommentsPermalink
(e) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall provide annual reports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action.CommentsClose CommentsPermalink
(2) FINAL REPORT- The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further action.CommentsClose CommentsPermalink
(f) Termination- The program under this section shall terminate on September 30, 2012.CommentsClose CommentsPermalink
SEC. 404. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) COST-EFFECTIVE LIGHTING TECHNOLOGY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `cost-effective lighting technology' means a lighting technology that--CommentsClose CommentsPermalink
(i) will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; orCommentsClose CommentsPermalink
(ii) is contained in a list under--CommentsClose CommentsPermalink
(I) section 553 of
(II) Federal acquisition regulation 23-203.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `cost-effective lighting technology' includes--CommentsClose CommentsPermalink
(i) lamps;CommentsClose CommentsPermalink
(ii) ballasts;CommentsClose CommentsPermalink
(iii) luminaires;CommentsClose CommentsPermalink
(iv) lighting controls;CommentsClose CommentsPermalink
(v) daylighting; andCommentsClose CommentsPermalink
(vi) early use of other highly cost-effective lighting technologies.CommentsClose CommentsPermalink
(2) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES- The term `cost-effective technologies and practices' means a technology or practice that--CommentsClose CommentsPermalink
(A) will result in substantial operational cost savings by reducing utility costs; andCommentsClose CommentsPermalink
(B) complies with the provisions of section 553 of
(3) OPERATIONAL COST SAVINGS-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `operational cost savings' means a reduction in end-use operational costs through the application of cost-effective technologies and practices, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 403(b), that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices by not later than the date that is 5 years after the date of installation.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `operational cost savings' includes savings achieved at a facility as a result of--CommentsClose CommentsPermalink
(i) the installation or use of cost-effective technologies and practices; orCommentsClose CommentsPermalink
(ii) the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility.CommentsClose CommentsPermalink
(C) EXCLUSION- The term `operational cost savings' does not include savings from measures that would likely be adopted in the absence of cost-effective technology and practices programs, as determined by the Administrator.CommentsClose CommentsPermalink
(4) GSA FACILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `GSA facility' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that--CommentsClose CommentsPermalink
(i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; orCommentsClose CommentsPermalink
(ii) is leased, in whole or in part, by the Administrator for use by the Federal Government--CommentsClose CommentsPermalink
(I) except as provided in subclause (II), for a term of not less than 5 years; orCommentsClose CommentsPermalink
(II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses.CommentsClose CommentsPermalink
(B) INCLUSION- The term `GSA facility' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities).CommentsClose CommentsPermalink
(C) EXEMPTION- The Administrator may exempt from the definition of `GSA facility' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the `Ten-in-Ten Fuel Economy Act'.CommentsClose CommentsPermalink
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES, MEDIUM-DUTY TRUCKS, AND HEAVY DUTY TRUCKS.
(a) Increased Standards-
(1) by striking `Non-Passenger Automobiles- ' in subsection (a) and inserting `Prescription of Standards by Regulation- ';CommentsClose CommentsPermalink
(2) by striking `automobiles (except passenger automobiles)' in subsection (a) and inserting `automobiles, medium-duty trucks, and heavy-duty trucks'; andCommentsClose CommentsPermalink
(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
`(b) Standards for Automobiles, Medium-Duty Trucks, and Heavy-Duty Trucks-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Transportation, after consultation with the Administrator of the Environmental Protection Agency, shall prescribe average fuel economy standards for automobiles, medium-duty trucks, and heavy-duty trucks manufactured by a manufacturer in each model year beginning with model year 2011 in accordance with subsection (c).CommentsClose CommentsPermalink
`(2) ANNUAL INCREASES IN FUEL ECONOMY STANDARDS-CommentsClose CommentsPermalink
`(A) BASELINE AVERAGE FUEL ECONOMY STANDARDS FOR MEDIUM- AND HEAVY-DUTY TRUCKS- For the first 2 model years beginning after the submission to Congress of the initial report by the National Academy of Sciences required by section 510 of the Ten-in-Ten Fuel Economy Act, the average fuel economy required to be attained for each attribute class of medium-duty trucks and heavy-duty trucks shall be the average combined highway and city miles-per-gallon performance of all vehicles within that class in the model year immediately preceding the first of those 2 model years (rounded to the nearest 1/10 mile per gallon).CommentsClose CommentsPermalink
`(B) MEDIUM- AND HEAVY-DUTY TRUCK FUEL ECONOMY AVERAGE AFTER BASELINE MODEL YEAR- For each model year beginning after the 2 model years specified in subparagraph (A), the average fuel economy required to be attained by the fleet of medium-duty trucks and heavy-duty trucks manufactured in the United States shall be at least 4 percent greater than the average fuel economy required to be attained for the fleet in the previous model year (rounded to the nearest 1/10 mile per gallon). Standards shall be issued for medium-duty trucks and heavy-duty trucks for 20 model years.CommentsClose CommentsPermalink
`(3) FUEL ECONOMY TARGET FOR AUTOMOBILES-CommentsClose CommentsPermalink
`(A) BASELINE AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES- The Secretary shall prescribe average fuel economy standards for automobiles in each model year beginning with model year 2011 to achieve a combined fuel economy standard for model year 2020 of at least 35 miles per gallon for the fleet of automobiles manufactured or sold in the United States. The average fuel economy standards prescribed by the Secretary shall be the maximum feasible average fuel economy standards for model years 2011 through 2019.CommentsClose CommentsPermalink
`(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2021 THROUGH 2030- For model years 2021 through 2030, the average fuel economy required to be attained by the fleet of automobiles manufactured or sold in the United States shall be at least 4 percent greater than the average fuel economy standard required to be attained for the fleet in the previous model year (rounded to the nearest 1/10 mile per gallon).'.CommentsClose CommentsPermalink
(b) Authority of Secretary-
`(k) Authority of the Secretary-CommentsClose CommentsPermalink
`(1) VEHICLE ATTRIBUTES- The authority of the Secretary to prescribe by regulation average fuel economy standards for automobiles, medium-duty trucks, and heavy-duty trucks under this section includes the authority--CommentsClose CommentsPermalink
`(A) to prescribe standards based on vehicle attributes and to express the standards in the form of a mathematical function; andCommentsClose CommentsPermalink
`(B) to issue regulations under this title prescribing average fuel economy standards for 1 or more model years.CommentsClose CommentsPermalink
`(2) PROHIBITION OF UNIFORM PERCENTAGE INCREASE- When the Secretary prescribes a standard, or prescribes an amendment under this section that changes a standard, the standard may not be expressed as a uniform percentage increase from the fuel-economy performance of attribute classes or categories already achieved in a model year by a manufacturer.'.CommentsClose CommentsPermalink
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General-
`(c) Amending Fuel Economy Standards-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding subsections (a) and (b), the Secretary of Transportation--CommentsClose CommentsPermalink
`(A) may prescribe a standard higher than that required under subsection (b); orCommentsClose CommentsPermalink
`(B) may prescribe an average fuel economy standard for a class of automobiles, medium-duty trucks, or heavy-duty trucks that is the maximum feasible level for the model year, despite being lower than the standard required under subsection (b), if the Secretary, based on clear and convincing evidence, that the average fuel economy standard prescribed in accordance with subsections (a) and (b) for that class of vehicles in that model year is shown not to be cost-effective.CommentsClose CommentsPermalink
`(2) REQUIREMENTS FOR LOWER STANDARD- Before adopting an average fuel economy standard for a class of automobiles, medium-duty trucks, or heavy-duty trucks in a model year under paragraph (1)(B), the Secretary of Transportation shall do the following:CommentsClose CommentsPermalink
`(A) NOTICE OF PROPOSED RULE- Except for standards to be promulgated by 2011, at least 30 months before the model year for which the standard is to apply, the Secretary shall post a notice of proposed rulemaking for the proposed standard. The notice shall include a detailed analysis of the basis for the Secretary's determination under paragraph (1)(B).CommentsClose CommentsPermalink
`(B) FINAL RULE- At least 18 months before the model year for which the standard is to apply, the Secretary shall promulgate a final rule establishing the standard.CommentsClose CommentsPermalink
`(C) REPORT- The Secretary shall submit a report to Congress that outlines the steps that need to be taken to avoid further reductions in average fuel economy standards.CommentsClose CommentsPermalink
`(3) MAXIMUM FEASIBLE STANDARD- An average fuel economy standard prescribed for a class of automobiles, medium-duty trucks, or heavy-duty trucks in a model year under paragraph (1) shall be the maximum feasible standard.'.CommentsClose CommentsPermalink
(b) Feasibility Criteria-
`(f) Decisions on Maximum Feasible Average Fuel Economy-CommentsClose CommentsPermalink
`(1) IN GENERAL- When deciding maximum feasible average fuel economy under this section, the Secretary shall consider--CommentsClose CommentsPermalink
`(A) economic practicability;CommentsClose CommentsPermalink
`(B) the effect of other motor vehicle standards of the Government on fuel economy;CommentsClose CommentsPermalink
`(C) environmental impacts; andCommentsClose CommentsPermalink
`(D) the need of the United States to conserve energy.CommentsClose CommentsPermalink
`(2) LIMITATIONS- In setting any standard under subsection (b), (c), or (d), the Secretary shall ensure that each standard is the highest standard that--CommentsClose CommentsPermalink
`(A) is technologically achievable;CommentsClose CommentsPermalink
`(B) can be achieved without materially reducing the overall safety of automobiles, medium-duty trucks, and heavy-duty trucks manufactured or sold in the United States;CommentsClose CommentsPermalink
`(C) is not less than the standard for that class of vehicles from any prior year; andCommentsClose CommentsPermalink
`(D) is cost-effective.CommentsClose CommentsPermalink
`(3) DETERMINING COST-EFFECTIVENESS-CommentsClose CommentsPermalink
`(A) IN GENERAL- In determining cost effectiveness under paragraph (2)(D), the Secretary shall take into account the total value to the United States of reduced fuel use, including the monetary value of the reduced fuel use over the life of the vehicle.CommentsClose CommentsPermalink
`(B) ADDITIONAL FACTORS FOR CONSIDERATION BY SECRETARY- The Secretary shall consider in the analysis the following factors:CommentsClose CommentsPermalink
`(i) Economic security.CommentsClose CommentsPermalink
`(ii) The impact of the oil or energy intensity of the United States economy on the sensitivity of the economy to oil and other fuel price changes, including the magnitude of gross domestic product losses in response to short term price shocks or long term price increases.CommentsClose CommentsPermalink
`(iii) National security, including the impact of United States payments for oil and other fuel imports on political, economic, and military developments in unstable or unfriendly oil-exporting countries.CommentsClose CommentsPermalink
`(iv) The uninternalized costs of pipeline and storage oil seepage, and for risk of oil spills from production, handling, and transport, and related landscape damage.CommentsClose CommentsPermalink
`(v) The emissions of pollutants including greenhouse gases over the lifecycle of the fuel and the resulting costs to human health, the economy, and the environment.CommentsClose CommentsPermalink
`(vi) Such additional factors as the Secretary deems relevant.CommentsClose CommentsPermalink
`(4) MINIMUM VALUATION- When considering the value to consumers of a gallon of gasoline saved, the Secretary of Transportation shall use as a minimum value the value of the gasoline prices projected by the Energy Information Administration for the period covered by the standard beginning in the year following the year in which the standards are established.CommentsClose CommentsPermalink
`(5) COST-EFFECTIVE DEFINED- In this subsection, the term `cost-effective' means that the total value to the United States of reduced fuel use from a proposed fuel economy standard is greater than or equal to the total cost to the United States of such standard. Notwithstanding this definition, the Secretary shall not base the level of any standard on any technology whose cost to the United States is substantially more than the value to the United States of the reduction in fuel use attributable to that technology.'.CommentsClose CommentsPermalink
(c) Consultation Requirement-
(d) Comments-
(1) by striking paragraph (1) and inserting:CommentsClose CommentsPermalink
`(1) Before issuing a notice proposing to prescribe or amend an average fuel economy standard under subsection (b), (c), or (g) of this section, the Secretary of Transportation shall give the Secretary of Energy and Administrator of the Environmental Protection Agency at least 10 days after the receipt of the notice during which the Secretary of Energy and Administrator may, if the Secretary of Energy or Administrator concludes that the proposed standard would adversely affect the conservation goals of the Secretary of Energy or environmental protection goals of the Administrator, provide written comments to the Secretary of Transportation about the impact of the standard on those goals. To the extent the Secretary of Transportation does not revise a proposed standard to take into account comments of the Secretary of Energy or Administrator on any adverse impact of the standard, the Secretary of Transportation shall include those comments in the notice.'; andCommentsClose CommentsPermalink
(2) by inserting `and the Administrator' after `Energy' each place it appears in paragraph (2).CommentsClose CommentsPermalink
(e) Technical and Conforming Amendments-CommentsClose CommentsPermalink
(1)
(2)
(A) by striking `subsection (a) or (d)' each place it appears in paragraph (1) and inserting `subsection (b), (c), or (d)'; andCommentsClose CommentsPermalink
(B) striking `(and submit the amendment to Congress when required under subsection (c)(2) of this section)' in paragraph (2).CommentsClose CommentsPermalink
SEC. 504. DEFINITIONS.
(a) In General-
(1) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
`(3) except as provided in section 32908 of this title, `automobile' means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways (except a vehicle operated only on a rail line), and rated at not more than 10,000 pounds gross vehicle weight.';CommentsClose CommentsPermalink
(2) by inserting after paragraph (10) the following:CommentsClose CommentsPermalink
`(10) `heavy-duty truck' means a truck (as defined in section 30127) with a gross vehicle weight in excess of 26,000 pounds.';CommentsClose CommentsPermalink
(3) by inserting after paragraph (13) the following:CommentsClose CommentsPermalink
`(13) `medium-duty truck' means a truck (as defined in section 30127) with a gross vehicle weight of at least 10,000 pounds but not more than 26,000 pounds.'; andCommentsClose CommentsPermalink
(4) by striking paragraph (16).CommentsClose CommentsPermalink
(b) Deadline for Regulations- The Secretary of Transportation--CommentsClose CommentsPermalink
(1) shall issue proposed regulations implementing the amendments made by subsection (a) not later than 1 year after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) shall issue final regulations implementing the amendments not later than 18 months after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Effective Date- Regulations prescribed under subsection (b) shall apply beginning with model year 2010.CommentsClose CommentsPermalink
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General- The Secretary of Transportation shall exercise such authority under Federal law as the Secretary may have to ensure that automobiles (as defined in
(b) Vehicle Safety- Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 30129. Vehicle compatibility and aggressivity reduction standard
`(a) Standards- The Secretary of Transportation shall issue a motor vehicle safety standard to reduce automobile incompatibility and aggressivity. The standard shall address characteristics necessary to ensure better management of crash forces in multiple vehicle frontal and side impact crashes between different types, sizes, and weights of automobiles with a gross vehicle weight of 10,000 pounds or less in order to decrease occupant deaths and injuries.CommentsClose CommentsPermalink
`(b) Consumer Information- The Secretary shall develop and implement a public information side and frontal compatibility crash test program with vehicle ratings based on risks to occupants, risks to other motorists, and combined risks by vehicle make and model.'.CommentsClose CommentsPermalink
(c) Rulemaking Deadlines-CommentsClose CommentsPermalink
(1) RULEMAKING- The Secretary of Transportation shall issue--CommentsClose CommentsPermalink
(A) a notice of a proposed rulemaking under
(B) a final rule under such section not later than December 31, 2012.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE OF REQUIREMENTS- Any requirement imposed under the final rule issued under paragraph (1) shall become fully effective not later than September 1, 2013.CommentsClose CommentsPermalink
(d) Conforming Amendment- The chapter analysis for chapter 301 is amended by inserting after the item relating to section 30128 the following:CommentsClose CommentsPermalink
`30129. Vehicle compatibility and aggressivity reduction standard.'.CommentsClose CommentsPermalink
SEC. 506. CREDIT TRADING PROGRAM.
(1) by striking `passenger' each place it appears;CommentsClose CommentsPermalink
(2) by striking `section 32902(b)-(d) of this title' each place it appears and inserting `subsection (a), (c), or (d) of section 32902';CommentsClose CommentsPermalink
(3) by striking `3 consecutive model years' in subsections (a)(1) and (a)(2) and inserting `5 consecutive model years';CommentsClose CommentsPermalink
(4) in subsection (a)(2), by striking `clause (1) of this subsection,' and inserting `paragraph (1)';CommentsClose CommentsPermalink
(5) by striking `3 model years' in subsection (b)(2) and inserting `5 model years'; andCommentsClose CommentsPermalink
(6) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink
`(e) Credit Trading Among Manufacturers- The Secretary of Transportation may establish, by regulation, a corporate average fuel economy credit trading program to allow manufacturers whose automobiles exceed the average fuel economy standards prescribed under section 32902 to earn credits to be sold to manufacturers whose automobiles fail to achieve the prescribed standards.'.CommentsClose CommentsPermalink
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS EMISSIONS.
(1) by redesignating subparagraph (F) of subsection (b)(1) as subparagraph (H) and inserting after subparagraph (E) the following:CommentsClose CommentsPermalink
`(F) a label (or a logo imprinted on a label required by this paragraph) that--CommentsClose CommentsPermalink
`(i) reflects an automobile's performance on the basis of criteria developed by the Administrator to reflect the fuel economy and greenhouse gas and other emissions consequences of operating the automobile over its likely useful life;CommentsClose CommentsPermalink
`(ii) permits consumers to compare performance results under clause (i) among all automobiles; andCommentsClose CommentsPermalink
`(iii) is designed to encourage the manufacture and sale of automobiles that meet or exceed applicable fuel economy standards under section 32902.CommentsClose CommentsPermalink
`(G) a fuelstar under paragraph (5).'; andCommentsClose CommentsPermalink
(2) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink
`(4) Green Label Program-CommentsClose CommentsPermalink
`(A) MARKETING ANALYSIS- Not later than 2 years after the date of the enactment of the Ten-in-Ten Fuel Economy Act, the Administrator shall implement a consumer education program and execute marketing strategies to improve consumer understanding of automobile performance described in paragraph (1)(F).CommentsClose CommentsPermalink
`(B) ELIGIBILITY- Not later than 3 years after the date described in subparagraph (A), the Administrator shall issue requirements for the label or logo required under paragraph (1)(F) to ensure that an automobile is not eligible for the label or logo unless it--CommentsClose CommentsPermalink
`(i) meets or exceeds the applicable fuel economy standard; orCommentsClose CommentsPermalink
`(ii) will have the lowest greenhouse gas emissions over the useful life of the vehicle of all vehicles in the vehicle attribute class to which it belongs in that model year.CommentsClose CommentsPermalink
`(5) Fuelstar Program-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall establish a program, to be known as the `Fuelstar Program', under which stars shall be imprinted on or attached to the label required by paragraph (1).CommentsClose CommentsPermalink
`(B) GREEN STARS- Under the Fuelstar Program, a manufacturer may include on the label maintained on an automobile under paragraph (1)--CommentsClose CommentsPermalink
`(i) 1 green star for any automobile that meets the average fuel economy standard for the model year under section 32902; andCommentsClose CommentsPermalink
`(ii) 1 additional green star for each 2 miles per gallon by which the automobile exceeds such standard.CommentsClose CommentsPermalink
`(C) GOLD STARS- Under the Fuelstar Program, a manufacturer may include a gold star on the label maintained on an automobile under paragraph (1) if the automobile attains a fuel economy of at least 50 miles per gallon.'.CommentsClose CommentsPermalink
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this title, shall be construed to affect the application of
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute an agreement with the National Academy of Sciences to develop a report evaluating vehicle fuel economy standards, including--CommentsClose CommentsPermalink
(1) an assessment of automotive technologies and costs to reflect developments since the Academy's 2002 report evaluating the corporate average fuel economy standards was conducted;CommentsClose CommentsPermalink
(2) an analysis of existing and potential technologies that may be used practically to improve automobile, medium-duty truck, or heavy-duty truck fuel economy;CommentsClose CommentsPermalink
(3) an analysis of how such technologies may be practically integrated into the automotive, medium-duty truck, or heavy-duty truck manufacturing process; andCommentsClose CommentsPermalink
(4) an assessment of how such technologies may be used to meet the new fuel economy standards under chapter 329 of title 49, United States Code, as amended by this title.CommentsClose CommentsPermalink
(b) Quinquennial Updates- After submitting the initial report, the Academy shall update the report at 5 year intervals thereafter through 2025.CommentsClose CommentsPermalink
(c) Report- The Academy shall submit the report to the Secretary, the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce, with its findings and recommendations no later than 18 months after the date on which the Secretary executes the agreement with the Academy.CommentsClose CommentsPermalink
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General-
`Sec. 32917. Standards for Executive agency automobiles
`(a) Fuel Efficiency- The head of an Executive agency shall ensure that each new automobile procured by the Executive agency is as fuel efficient as practicable.CommentsClose CommentsPermalink
`(b) Definitions- In this section:CommentsClose CommentsPermalink
`(1) EXECUTIVE AGENCY- The term `Executive agency' has the meaning given that term in section 105 of title 5.CommentsClose CommentsPermalink
`(2) NEW AUTOMOBILE- The term `new automobile', with respect to the fleet of automobiles of an executive agency, means an automobile that is leased for at least 60 consecutive days or bought, by or for the Executive agency, after September 30, 2008. The term does not include any vehicle designed for combat-related missions, law enforcement work, or emergency rescue work.'.CommentsClose CommentsPermalink
(b) Report- The Administrator of the General Services Administration shall develop a report describing and evaluating the efforts of the heads of the Executive agencies to comply with
SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL AUTOMOBILES.
(a) Amendment-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following:CommentsClose CommentsPermalink
`Sec. 32902A. Requirement to manufacture flexible fuel automobiles
`(a) In General- For each model year, each manufacturer of new automobiles described in subsection (b) shall ensure that the percentage of such automobiles manufactured in a particular model year that are flexible fuel vehicles shall be not less than the percentage set forth for that model year in the following table:CommentsClose CommentsPermalink
--50CommentsClose CommentsPermalink
--60CommentsClose CommentsPermalink
--70CommentsClose CommentsPermalink
--80.CommentsClose CommentsPermalink
`(b) Automobiles to Which Section Applies- An automobile is described in this subsection if it--CommentsClose CommentsPermalink
`(1) is capable of operating on gasoline or diesel fuel;CommentsClose CommentsPermalink
`(2) is distributed in interstate commerce for sale in the United States; andCommentsClose CommentsPermalink
`(3) does not contain certain engines that the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, may temporarily exclude from the definition because it is technologically infeasible for the engines to have flexible fuel capability at any time during a period that the Secretaries and the Administrator are engaged in an active research program with the vehicle manufacturers to develop that capability for the engines.'.CommentsClose CommentsPermalink
(2) DEFINITION OF FLEXIBLE FUEL AUTOMOBILE-
`(8) `flexible fuel automobile' means an automobile described in paragraph (8)(A).'.CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENT- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following:CommentsClose CommentsPermalink
`Sec. 32902A. Requirement to manufacture flexible fuel automobiles.'.CommentsClose CommentsPermalink
(b) Rulemaking-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations to carry out the amendments made by subsection (a).CommentsClose CommentsPermalink
(2) HARDSHIP EXEMPTION- The regulations issued pursuant to paragraph (1) shall include a process by which a manufacturer may be exempted from the requirement under section 32902A(a) upon demonstrating that such requirement would create a substantial economic hardship for the manufacturer.CommentsClose CommentsPermalink
SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL AUTOMOBILES.
`(g) Increasing Consumer Awareness of Flexible Fuel Automobiles- (1) The Secretary of Transportation shall prescribe regulations that require the manufacturer of automobiles distributed in interstate commerce for sale in the United States--CommentsClose CommentsPermalink
`(A) to prominently display a permanent badge or emblem on the quarter panel or tailgate of each such automobile that indicates such vehicle is capable of operating on alternative fuel; andCommentsClose CommentsPermalink
`(B) to include information in the owner's manual of each such automobile information that describes--CommentsClose CommentsPermalink
`(i) the capability of the automobile to operate using alternative fuel;CommentsClose CommentsPermalink
`(ii) the benefits of using alternative fuel, including the renewable nature, and the environmental benefits of using alternative fuel; andCommentsClose CommentsPermalink
`(C) to contain a fuel tank cap that is clearly labeled to inform consumers that the automobile is capable of operating on alternative fuel.CommentsClose CommentsPermalink
`(2) The Secretary of Transportation shall collaborate with autombile retailers to develop voluntary methods for providing prospective purchasers of automobiles with information regarding the benefits of using alternative fuel in automobiles, including--CommentsClose CommentsPermalink
`(A) the renewable nature of alternative fuel; andCommentsClose CommentsPermalink
`(B) the environmental benefits of using alternative fuel.'.CommentsClose CommentsPermalink
SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every 5 years thereafter, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall--CommentsClose CommentsPermalink
(1) reevaluate the fuel economy labeling procedures described in the final rule published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; andCommentsClose CommentsPermalink
(2) submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that describes the results of the reevaluation process.CommentsClose CommentsPermalink
SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General- Chapter 301 of title 49, United States Code, is amended by inserting after section 30123 the following new section:CommentsClose CommentsPermalink
`Sec. 30123A. Tire fuel efficiency consumer information
`(a) Rulemaking-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 18 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency.CommentsClose CommentsPermalink
`(2) ITEMS INCLUDED IN RULE- The rulemaking shall include--CommentsClose CommentsPermalink
`(A) a national tire fuel efficiency rating system for motor vehicle tires to assist consumers in making more educated tire purchasing decisions;CommentsClose CommentsPermalink
`(B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;CommentsClose CommentsPermalink
`(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; andCommentsClose CommentsPermalink
`(D) a national tire maintenance consumer education program including, information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency.CommentsClose CommentsPermalink
`(3) APPLICABILITY- This section shall not apply to tires excluded from coverage under section 575.104(c)(2) of title 49, Code of Federal Regulations, as in effect on date of enactment of the Ten-in-Ten Fuel Economy Act.CommentsClose CommentsPermalink
`(b) Consultation- The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on the means of conveying tire fuel efficiency consumer information.CommentsClose CommentsPermalink
`(c) Report to Congress- The Secretary shall conduct periodic assessments of the rules promulgated under this section to determine the utility of such rules to consumers, the level of cooperation by industry, and the contribution to national goals pertaining to energy consumption. The Secretary shall transmit periodic reports detailing the findings of such assessments to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.CommentsClose CommentsPermalink
`(d) Tire Marking- The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.CommentsClose CommentsPermalink
`(e) Preemption- When a requirement under this section is in effect, a State or political subdivision of a State may adopt or enforce a law or regulation on tire fuel efficiency consumer information only if the law or regulation is identical to that requirement. Nothing in this section shall be construed to preempt a State or political subdivision of a State from regulating the fuel efficiency of tires not otherwise preempted under this chapter.'.CommentsClose CommentsPermalink
(b) Enforcement-
`(4) SECTION 30123a- Any person who fails to comply with the national tire fuel efficiency consumer information program under section 30123A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation.'.CommentsClose CommentsPermalink
(c) Conforming Amendment- The chapter analysis for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30123 the folllowing:CommentsClose CommentsPermalink
`30123A. Tire fuel efficiency consumer information.'.CommentsClose CommentsPermalink
SEC. 515. ADVANCED BATTERY INITIATIVE.
(a) In General- The Secretary of Transportation shall establish and carry out an Advanced Battery Initiative in accordance with this section to support research, development, demonstration, and commercial application of battery technologies.CommentsClose CommentsPermalink
(b) Industry Alliance- Not later than 180 days after the date of enactment of this Act, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms headquartered in the United States, the primary business of which is the manufacturing of batteries.CommentsClose CommentsPermalink
(c) Research-CommentsClose CommentsPermalink
(1) GRANTS- The Secretary shall carry out research activities of the Initiative through competitively-awarded grants to--CommentsClose CommentsPermalink
(A) researchers, including Industry Alliance participants;CommentsClose CommentsPermalink
(B) small businesses;CommentsClose CommentsPermalink
(C) National Laboratories; andCommentsClose CommentsPermalink
(D) institutions of higher education.CommentsClose CommentsPermalink
(2) INDUSTRY ALLIANCE- The Secretary shall annually solicit from the Industry Alliance--CommentsClose CommentsPermalink
(A) comments to identify advanced battery technology needs relevant to electric drive technology;CommentsClose CommentsPermalink
(B) an assessment of the progress of research activities of the Initiative; andCommentsClose CommentsPermalink
(C) assistance in annually updating advanced battery technology roadmaps.CommentsClose CommentsPermalink
(d) Availability to the Public- The information and roadmaps developed under this section shall be available to the public.CommentsClose CommentsPermalink
(e) Preference- In making awards under this subsection, the Secretary shall give preference to participants in the Industry Alliance.CommentsClose CommentsPermalink
(f) Cost Sharing- In carrying out this section, the Secretary shall require cost sharing in accordance with
(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
SEC. 516. BIODIESEL STANDARDS.
(a) In General- Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Secretary of Transportation, the Secretary of Energy, and the Administrator of the Environmental Protection Administration, shall promulgate standards for biodiesel blend sold or introduced into commerce in the United States.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) BIODIESEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet--CommentsClose CommentsPermalink
(i) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (
(ii) the requirements of the American Society of Testing and Materials D6751.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term `biodiesel' includes esters described in subparagraph (A) derived from--CommentsClose CommentsPermalink
(i) animal waste, including poultry fat, poultry waste, and other waste material; andCommentsClose CommentsPermalink
(ii) municipal solid waste, sludge, and oil derived from wastewater or the treatment of wastewater.CommentsClose CommentsPermalink
(2) BIODIESEL BLEND- The term `biodiesel blend' means a mixture of biodiesel and diesel fuel, including--CommentsClose CommentsPermalink
(A) a blend of biodiesel and diesel fuel approximately 5 percent of the content of which is biodiesel (commonly known as `B5'); andCommentsClose CommentsPermalink
(B) a blend of biodiesel and diesel fuel approximately 20 percent of the content of which is biodiesel (commonly known as `B20').CommentsClose CommentsPermalink
SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.
`(e) Use of Civil Penalties- For fiscal year 2008 and each fiscal year thereafter, from the total amount deposited in the general fund of the Treasury during the preceding fiscal year from fines, penalties, and other funds obtained through enforcement actions conducted pursuant to this section (including funds obtained under consent decrees), the Secretary of the Treasury, subject to the availability of appropriations, shall--CommentsClose CommentsPermalink
`(1) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program of research and development into fuel saving automotive technologies and to support rulemaking under this chapter; andCommentsClose CommentsPermalink
`(2) transfer 50 percent of such total amount to the Energy Security Fund established by section 518(a) of the Ten-in-Ten Fuel Economy Act.CommentsClose CommentsPermalink
`SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT PROGRAM.
`(a) Establishment of Fund-CommentsClose CommentsPermalink
`(1) IN GENERAL- There is established in the Treasury a fund, to be known as the `Energy Security Fund' (referred to in this section as the `Fund'), consisting of--CommentsClose CommentsPermalink
`(A) amounts transferred to the Fund under
`(B) amounts credited to the Fund under paragraph (2)(C).'.CommentsClose CommentsPermalink
(1) INVESTMENT OF AMOUNTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.CommentsClose CommentsPermalink
(B) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.CommentsClose CommentsPermalink
(C) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund in accordance with section 9602 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
(2) USE OF AMOUNTS IN FUND- Amounts in the Fund shall be made available to the Secretary of Energy, subject to the availability of appropriations, to carry out the grant program under subsection (b).CommentsClose CommentsPermalink
(3) ALTERNATIVE FUELS GRANT PROGRAM- Not later than 90 days after the date of enactment of this Act, the Secretary of Energy, acting through the Clean Cities Program of the Department of Energy, shall establish and carry out a program under which the Secretary shall provide grants to expand the availability to consumers of alternative fuels (as defined in
(4) ELIGIBILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), any entity that is eligible to receive assistance under the Clean Cities Program shall be eligible to receive a grant under this subsection.CommentsClose CommentsPermalink
(B) EXCEPTIONS-CommentsClose CommentsPermalink
(i) CERTAIN OIL COMPANIES- A large, vertically-integrated oil company shall not be eligible to receive a grant under this subsection.CommentsClose CommentsPermalink
(ii) PROHIBITION OF DUAL BENEFITS- An entity that receives any other Federal funds for the construction or expansion of alternative refueling infrastructure shall not be eligible to receive a grant under this subsection for the construction or expansion of the same alternative refueling infrastructure.CommentsClose CommentsPermalink
(C) ENSURING COMPLIANCE- Not later than 30 days after the date of enactment of this Act, the Secretary of Energy shall promulgate regulations to ensure that, before receiving a grant under this subsection, an eligible entity meets applicable standards relating to the installation, construction, and expansion of infrastructure necessary to increase the availability to consumers of alternative fuels (as defined in
(5) MAXIMUM AMOUNT-CommentsClose CommentsPermalink
(A) GRANTS- The amount of a grant provided under this subsection shall not exceed $30,000.CommentsClose CommentsPermalink
(B) AMOUNT PER STATION- An eligible entity shall receive not more than $90,000 under this subsection for any station of the eligible entity during a fiscal year.CommentsClose CommentsPermalink
(6) USE OF FUNDS-CommentsClose CommentsPermalink
(A) IN GENERAL- A grant provided under this subsection shall be used for the construction or expansion of alternative fueling infrastructure.CommentsClose CommentsPermalink
(B) ADMINISTRATIVE EXPENSES- Not more than 3 percent of the amount of a grant provided under this subsection shall be used for administrative expenses.CommentsClose CommentsPermalink
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Transportation $25,000,000 for each of fiscal years 2009 through 2021 to carry out the provisions of chapter 329 of title 49, United States Code.CommentsClose CommentsPermalink
TITLE VI--PRICE GOUGING
SEC. 601. SHORT TITLE.
This title may be cited as the `Petroleum Consumer Price Gouging Protection Act'.CommentsClose CommentsPermalink
SEC. 602. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) AFFECTED AREA- The term `affected area' means an area covered by a Presidential declaration of energy emergency.CommentsClose CommentsPermalink
(2) SUPPLIER- The term `supplier' means any person engaged in the trade or business of selling or reselling, at retail or wholesale, or distributing crude oil, gasoline, or petroleum distillates.CommentsClose CommentsPermalink
(3) PRICE GOUGING- The term `price gouging' means the charging of an unconscionably excessive price by a supplier in an affected area.CommentsClose CommentsPermalink
(4) UNCONSCIONABLY EXCESSIVE PRICE- The term `unconscionably excessive price' means a price charged in an affected area for crude oil, gasoline, or petroleum distillates that--CommentsClose CommentsPermalink
(A)(i) represents a gross disparity between the price at which it was offered for sale in the usual course of the supplier's business immediately prior to the President's declaration of an energy emergency;CommentsClose CommentsPermalink
(ii) grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the affected area; orCommentsClose CommentsPermalink
(iii) represents an exercise of unfair leverage or unconscionable means on the part of the supplier, during a period of declared energy emergency; andCommentsClose CommentsPermalink
(B) is not attributable to increased wholesale or operational costs outside the control of the supplier, incurred in connection with the sale of crude oil, gasoline, or petroleum distillates.CommentsClose CommentsPermalink
(5) COMMISSION- The term `Commission' means the Federal Trade Commission.CommentsClose CommentsPermalink
SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY EMERGENCIES.
(a) In General- During any energy emergency declared by the President under section 606 of this title, it is unlawful for any supplier to sell, or offer to sell, crude oil, gasoline, or petroleum distillates in, or for use in, the area to which that declaration applies at an unconscionably excessive price.CommentsClose CommentsPermalink
(b) Factors Considered- In determining whether a violation of subsection (a) has occurred, there shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market.CommentsClose CommentsPermalink
SEC. 604. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens.CommentsClose CommentsPermalink
SEC. 605. PROHIBITION ON FALSE INFORMATION.
(a) In General- It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Commission if--CommentsClose CommentsPermalink
(1) that person knew, or reasonably should have known, the information to be false or misleading;CommentsClose CommentsPermalink
(2) the information was required by law to be reported; andCommentsClose CommentsPermalink
(3) the person intended the false or misleading data to affect data compiled by the Commission for statistical or analytical purposes with respect to the market for crude oil, gasoline, or petroleum distillates.CommentsClose CommentsPermalink
SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General- If the President finds that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system for crude oil, gasoline, or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(b) Scope and Duration- The emergency declaration shall specify--CommentsClose CommentsPermalink
(1) the period, not to exceed 30 days, for which the declaration applies;CommentsClose CommentsPermalink
(2) the circumstance or condition necessitating the declaration; andCommentsClose CommentsPermalink
(3) the area or region to which it applies, which, for the 48 contiguous states may not be limited to a single State.CommentsClose CommentsPermalink
(c) Extensions- The President may--CommentsClose CommentsPermalink
(1) extend a declaration under subsection (a) for a period of not more than 30 days; andCommentsClose CommentsPermalink
(2) extend such a declaration more than once.CommentsClose CommentsPermalink
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement- This title shall be enforced by the Federal Trade Commission. In enforcing section 603 of this title, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year.CommentsClose CommentsPermalink
(b) Violation Is Unfair or Deceptive Act or Practice- The violation of any provision of this title shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (
(c) Commission Actions- Following the declaration of an energy emergency by the President under section 606 of this title, the Commission shall--CommentsClose CommentsPermalink
(1) establish within the Commission--CommentsClose CommentsPermalink
(A) a toll-free hotline that a consumer may call to report an incident of price gouging in the affected area; andCommentsClose CommentsPermalink
(B) a program to develop and distribute to the public informational materials to assist residents of the affected area in detecting and avoiding price gouging;CommentsClose CommentsPermalink
(2) consult with the Attorney General, the United States Attorney for the districts in which a disaster occurred (if the declaration is related to a major disaster), and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for crude oil, gasoline, or petroleum distillates in the affected area; andCommentsClose CommentsPermalink
(3) conduct an investigation to determine whether any supplier in the affected area has violated section 603 of this title, and upon such finding, take any action the Commission determines to be appropriate to remedy the violation.CommentsClose CommentsPermalink
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General- A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 603 of this title, or to impose the civil penalties authorized by section 609 for violations of section 603, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a supplier engaged in the sale or resale, at retail or wholesale, or distribution of crude oil, gasoline, or petroleum distillates in violation of section 603 of this title.CommentsClose CommentsPermalink
(b) Notice- The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating the action. The notice shall include a copy of the complaint to be filed to initiate the civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting the civil action.CommentsClose CommentsPermalink
(c) Authority to Intervene- Upon receiving the notice required by subsection (b), the Commission may intervene in the civil action and, upon intervening--CommentsClose CommentsPermalink
(1) may be heard on all matters arising in such civil action; andCommentsClose CommentsPermalink
(2) may file petitions for appeal of a decision in such civil action.CommentsClose CommentsPermalink
(d) Construction- For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the Attorney General by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.CommentsClose CommentsPermalink
(e) Venue; Service of Process- In a civil action brought under subsection (a)--CommentsClose CommentsPermalink
(1) the venue shall be a judicial district in which--CommentsClose CommentsPermalink
(A) the defendant operates;CommentsClose CommentsPermalink
(B) the defendant was authorized to do business; orCommentsClose CommentsPermalink
(C) where the defendant in the civil action is found;CommentsClose CommentsPermalink
(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; andCommentsClose CommentsPermalink
(3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.CommentsClose CommentsPermalink
(f) Limitation on State Action While Federal Action Is Pending- If the Commission has instituted a civil action or an administrative action for violation of this title, a State attorney general, or official or agency of a State, may not bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission or the other agency for any violation of this title alleged in the Commission's civil or administrative action.CommentsClose CommentsPermalink
(g) No Preemption- Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of that State.CommentsClose CommentsPermalink
SEC. 609. PENALTIES.
(a) Civil Penalty-CommentsClose CommentsPermalink
(1) IN GENERAL- In addition to any penalty applicable under the Federal Trade Commission Act, any supplier--CommentsClose CommentsPermalink
(A) that violates section 604 or section 605 of this title is punishable by a civil penalty of not more than $1,000,000; andCommentsClose CommentsPermalink
(B) that violates section 603 of this title is punishable by a civil penalty of--CommentsClose CommentsPermalink
(i) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (
(ii) not more than $5,000,000 in the case of any other supplier.CommentsClose CommentsPermalink
(2) METHOD OF ASSESSMENT- The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (
(3) MULTIPLE OFFENSES; MITIGATING FACTORS- In assessing the penalty provided by subsection (a)--CommentsClose CommentsPermalink
(A) each day of a continuing violation shall be considered a separate violation; andCommentsClose CommentsPermalink
(B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner.CommentsClose CommentsPermalink
(b) Criminal Penalty- Violation of section 603 of this title is punishable by a fine of not more than $5,000,000, imprisonment for not more than 5 years, or both.CommentsClose CommentsPermalink
SEC. 610. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission- Nothing in this title shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (
(b) State Law- Nothing in this title preempts any State law.CommentsClose CommentsPermalink
TITLE VII--ENERGY DIPLOMACY AND SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the `Energy Diplomacy and Security Act of 2007'.CommentsClose CommentsPermalink
SEC. 702. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) MAJOR ENERGY PRODUCER- The term `major energy producer' means a country that--CommentsClose CommentsPermalink
(A) had crude oil, oil sands, or natural gas to liquids production of 1,000,000 barrels per day or greater average in the previous year;CommentsClose CommentsPermalink
(B) has crude oil, shale oil, or oil sands reserves of 6,000,000,000 barrels or greater, as recognized by the Department of Energy;CommentsClose CommentsPermalink
(C) had natural gas production of 30,000,000,000 cubic meters or greater in the previous year;CommentsClose CommentsPermalink
(D) has natural gas reserves of 1,250,000,000,000 cubic meters or greater, as recognized by the Department of Energy; orCommentsClose CommentsPermalink
(E) is a direct supplier of natural gas or liquefied natural gas to the United States.CommentsClose CommentsPermalink
(2) MAJOR ENERGY CONSUMER- The term `major energy consumer' means a country that--CommentsClose CommentsPermalink
(A) had an oil consumption average of 1,000,000 barrels per day or greater in the previous year;CommentsClose CommentsPermalink
(B) had an oil consumption growth rate of 8 percent or greater in the previous year;CommentsClose CommentsPermalink
(C) had a natural gas consumption of 30,000,000,000 cubic meters or greater in the previous year; orCommentsClose CommentsPermalink
(D) had a natural gas consumption growth rate of 15 percent or greater in the previous year.CommentsClose CommentsPermalink
SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY AND SECURITY.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) It is imperative to the national security and prosperity of the United States to have reliable, affordable, clean, sufficient, and sustainable sources of energy.CommentsClose CommentsPermalink
(2) United States dependence on oil imports causes tremendous costs to the United States national security, economy, foreign policy, military, and environmental sustainability.CommentsClose CommentsPermalink
(3) Energy security is a priority for the governments of many foreign countries and increasingly plays a central role in the relations of the United States Government with foreign governments. Global reserves of oil and natural gas are concentrated in a small number of countries. Access to these oil and natural gas supplies depends on the political will of these producing states. Competition between governments for access to oil and natural gas reserves can lead to economic, political, and armed conflict. Oil exporting states have received dramatically increased revenues due to high global prices, enhancing the ability of some of these states to act in a manner threatening to global stability.CommentsClose CommentsPermalink
(4) Efforts to combat poverty and protect the environment are hindered by the continued predominance of oil and natural gas in meeting global energy needs. Development of renewable energy through sustainable practices will help lead to a reduction in greenhouse gas emissions and enhance international development.CommentsClose CommentsPermalink
(5) Cooperation on energy issues between the United States Government and the governments of foreign countries is critical for securing the strategic and economic interests of the United States and of partner governments. In the current global energy situation, the energy policies and activities of the governments of foreign countries can have dramatic impacts on United States energy security.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) United States national security requires that the United States Government have an energy policy that pursues the strategic goal of achieving energy security through access to clean, affordable, sufficient, reliable, and sustainable sources of energy;CommentsClose CommentsPermalink
(2) achieving energy security is a priority for United States foreign policy and requires continued and enhanced engagement with foreign governments and entities in a variety of areas, including activities relating to the promotion of alternative and renewable fuels, trade and investment in oil, coal, and natural gas, energy efficiency, climate and environmental protection, data transparency, advanced scientific research, public-private partnerships, and energy activities in international development;CommentsClose CommentsPermalink
(3) the President should ensure that the international energy activities of the United States Government are given clear focus to support the national security needs of the United States, and to this end, there should be established a mechanism to coordinate the implementation of United States international energy policy among the Federal agencies engaged in relevant agreements and activities; andCommentsClose CommentsPermalink
(4) the Secretary of State should ensure that energy security is integrated into the core mission of the Department of State, and to this end, there should be established within the Office of the Secretary of State a Coordinator for International Energy Affairs with responsibility for--CommentsClose CommentsPermalink
(A) developing United States international energy policy in coordination with the Department of Energy and other relevant Federal agencies;CommentsClose CommentsPermalink
(B) working with appropriate United States Government officials to develop and update analyses of the national security implications of global energy developments;CommentsClose CommentsPermalink
(C) incorporating energy security priorities into the activities of the Department;CommentsClose CommentsPermalink
(D) coordinating activities with relevant Federal agencies; andCommentsClose CommentsPermalink
(E) coordinating energy security and other relevant functions currently undertaken by offices within the Bureau of Economic, Business, and Agricultural Affairs, the Bureau of Democracy and Global Affairs, and other offices within the Department of State.CommentsClose CommentsPermalink
SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) United States Government partnership with foreign governments and entities, including partnership with the private sector, for securing reliable and sustainable energy is imperative to ensuring United States security and economic interests, promoting international peace and security, expanding international development, supporting democratic reform, fostering economic growth, and safeguarding the environment.CommentsClose CommentsPermalink
(2) Democracy and freedom should be promoted globally by partnership with foreign governments, including in particular governments of emerging democracies such as those of Ukraine and Georgia, in their efforts to reduce their dependency on oil and natural gas imports.CommentsClose CommentsPermalink
(3) The United States Government and the governments of foreign countries have common needs for adequate, reliable, affordable, clean, and sustainable energy in order to ensure national security, economic growth, and high standards of living in their countries. Cooperation by the United States Government with foreign governments on meeting energy security needs is mutually beneficial. United States Government partnership with foreign governments should include cooperation with major energy consuming countries, major energy producing countries, and other governments seeking to advance global energy security through reliable and sustainable means.CommentsClose CommentsPermalink
(4) The United States Government participates in hundreds of bilateral and multilateral energy agreements and activities with foreign governments and entities. These agreements and activities should reflect the strategic need for energy security.CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States--CommentsClose CommentsPermalink
(1) to advance global energy security through cooperation with foreign governments and entities;CommentsClose CommentsPermalink
(2) to promote reliable, diverse, and sustainable sources of all types of energy;CommentsClose CommentsPermalink
(3) to increase global availability of renewable and clean sources of energy;CommentsClose CommentsPermalink
(4) to decrease global dependence on oil and natural gas energy sources; andCommentsClose CommentsPermalink
(5) to engage in energy cooperation to strengthen strategic partnerships that advance peace, security, and democratic prosperity.CommentsClose CommentsPermalink
(c) Authority- The Secretary of State, in coordination with the Secretary of Energy, should immediately seek to establish and expand strategic energy partnerships with the governments of major energy producers and major energy consumers, and with governments of other countries (but excluding any countries that are ineligible to receive United States economic or military assistance).CommentsClose CommentsPermalink
(d) Purposes- The purposes of the strategic energy partnerships established pursuant to subsection (c) are--CommentsClose CommentsPermalink
(1) to strengthen global relationships to promote international peace and security through fostering cooperation in the energy sector on a mutually beneficial basis in accordance with respective national energy policies;CommentsClose CommentsPermalink
(2) to promote the policy set forth in subsection (b), including activities to advance--CommentsClose CommentsPermalink
(A) the mutual understanding of each country's energy needs, priorities, and policies, including interparliamentary understanding;CommentsClose CommentsPermalink
(B) measures to respond to acute energy supply disruptions, particularly in regard to petroleum and natural gas resources;CommentsClose CommentsPermalink
(C) long-term reliability and sustainability in energy supply;CommentsClose CommentsPermalink
(D) the safeguarding and safe handling of nuclear fuel;CommentsClose CommentsPermalink
(E) human and environmental protection;CommentsClose CommentsPermalink
(F) renewable energy production;CommentsClose CommentsPermalink
(G) access to reliable and affordable energy for underdeveloped areas, in particular energy access for the poor;CommentsClose CommentsPermalink
(H) appropriate commercial cooperation;CommentsClose CommentsPermalink
(I) information reliability and transparency; andCommentsClose CommentsPermalink
(J) research and training collaboration;CommentsClose CommentsPermalink
(3) to advance the national security priority of developing sustainable and clean energy sources, including through research and development related to, and deployment of--CommentsClose CommentsPermalink
(A) renewable electrical energy sources, including biomass, wind, and solar;CommentsClose CommentsPermalink
(B) renewable transportation fuels, including biofuels;CommentsClose CommentsPermalink
(C) clean coal technologies;CommentsClose CommentsPermalink
(D) carbon sequestration, including in conjunction with power generation, agriculture, and forestry; andCommentsClose CommentsPermalink
(E) energy and fuel efficiency, including hybrids and plug-in hybrids, flexible fuel, advanced composites, hydrogen, and other transportation technologies; andCommentsClose CommentsPermalink
(4) to provide strategic focus for current and future United States Government activities in energy cooperation to meet the global need for energy security.CommentsClose CommentsPermalink
(e) Determination of Agendas- In general, the specific agenda with respect to a particular strategic energy partnership, and the Federal agencies designated to implement related activities, shall be determined by the Secretary of State and the Secretary of Energy.CommentsClose CommentsPermalink
(f) Use of Current Agreements To Establish Partnerships- Some or all of the purposes of the strategic energy partnerships established under subsection (c) may be pursued through existing bilateral or multilateral agreements and activities. Such agreements and activities shall be subject to the reporting requirements in subsection (g).CommentsClose CommentsPermalink
(g) Reports Required-CommentsClose CommentsPermalink
(1) INITIAL PROGRESS REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on progress made in developing the strategic energy partnerships authorized under this section.CommentsClose CommentsPermalink
(2) ANNUAL PROGRESS REPORTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than one year after the date of the enactment of this Act, and annually thereafter for 20 years, the Secretary of State shall submit to the appropriate congressional committees an annual report on agreements entered into and activities undertaken pursuant to this section, including international environment activities.CommentsClose CommentsPermalink
(B) CONTENT- Each report submitted under this paragraph shall include details on--CommentsClose CommentsPermalink
(i) agreements and activities pursued by the United States Government with foreign governments and entities, the implementation plans for such agreements and progress measurement benchmarks, United States Government resources used in pursuit of such agreements and activities, and legislative changes recommended for improved partnership; andCommentsClose CommentsPermalink
(ii) polices and actions in the energy sector of partnership countries pertinent to United States economic, security, and environmental interests.CommentsClose CommentsPermalink
SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE MECHANISMS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Cooperation between the United States Government and governments of other countries during energy crises promotes the national security of the United States.CommentsClose CommentsPermalink
(2) The participation of the United States in the International Energy Program established under the Agreement on an International Energy Program, done at Paris November 18, 1974 (27 UST 1685), including in the coordination of national strategic petroleum reserves, is a national security asset that--CommentsClose CommentsPermalink
(A) protects the consumers and the economy of the United States in the event of a major disruption in petroleum supply;CommentsClose CommentsPermalink
(B) maximizes the effectiveness of the United States strategic petroleum reserve through cooperation in accessing global reserves of various petroleum products;CommentsClose CommentsPermalink
(C) provides market reassurance in countries that are members of the International Energy Program; andCommentsClose CommentsPermalink
(D) strengthens United States Government relationships with members of the International Energy Program.CommentsClose CommentsPermalink
(3) The International Energy Agency projects that the largest growth in demand for petroleum products, other than demand from the United States, will come from China and India, which are not members of the International Energy Program. The Governments of China and India vigorously pursue access to global oil reserves and are attempting to develop national petroleum reserves. Participation of the Governments of China and India in an international petroleum reserve mechanism would promote global energy security, but such participation should be conditional on the Governments of China and India abiding by customary petroleum reserve management practices.CommentsClose CommentsPermalink
(4) In the Western Hemisphere, only the United States and Canada are members of the International Energy Program. The vulnerability of most Western Hemisphere countries to supply disruptions from political, natural, or terrorism causes may introduce instability in the hemisphere and can be a source of conflict, despite the existence of major oil reserves in the hemisphere.CommentsClose CommentsPermalink
(5) Countries that are not members of the International Energy Program and are unable to maintain their own national strategic reserves are vulnerable to petroleum supply disruption. Disruption in petroleum supply and spikes in petroleum costs could devastate the economies of developing countries and could cause internal or interstate conflict.CommentsClose CommentsPermalink
(6) The involvement of the United States Government in the extension of international mechanisms to coordinate strategic petroleum reserves and the extension of other emergency preparedness measures should strengthen the current International Energy Program.CommentsClose CommentsPermalink
(b) Energy Crisis Response Mechanisms With India and China-CommentsClose CommentsPermalink
(1) AUTHORITY- The Secretary of State, in coordination with the Secretary of Energy, should immediately seek to establish a petroleum crisis response mechanism or mechanisms with the Governments of China and India.CommentsClose CommentsPermalink
(2) SCOPE- The mechanism or mechanisms established under paragraph (1) should include--CommentsClose CommentsPermalink
(A) technical assistance in the development and management of national strategic petroleum reserves;CommentsClose CommentsPermalink
(B) agreements for coordinating drawdowns of strategic petroleum reserves with the United States, conditional upon reserve holdings and management conditions established by the Secretary of Energy;CommentsClose CommentsPermalink
(C) emergency demand restraint measures;CommentsClose CommentsPermalink
(D) fuel switching preparedness and alternative fuel production capacity; andCommentsClose CommentsPermalink
(E) ongoing demand intensity reduction programs.CommentsClose CommentsPermalink
(3) USE OF EXISTING AGREEMENTS TO ESTABLISH MECHANISM- The Secretary may, after consultation with Congress and in accordance with existing international agreements, including the International Energy Program, include China and India in a petroleum crisis response mechanism through existing or new agreements.CommentsClose CommentsPermalink
(c) Energy Crisis Response Mechanism for the Western Hemisphere-CommentsClose CommentsPermalink
(1) AUTHORITY- The Secretary of State, in coordination with the Secretary of Energy, should immediately seek to establish a Western Hemisphere energy crisis response mechanism.CommentsClose CommentsPermalink
(2) SCOPE- The mechanism established under paragraph (1) should include--CommentsClose CommentsPermalink
(A) an information sharing and coordinating mechanism in case of energy supply emergencies;CommentsClose CommentsPermalink
(B) technical assistance in the development and management of national strategic petroleum reserves within countries of the Western Hemisphere;CommentsClose CommentsPermalink
(C) technical assistance in developing national programs to meet the requirements of membership in a future international energy application procedure as described in subsection (d);CommentsClose CommentsPermalink
(D) emergency demand restraint measures;CommentsClose CommentsPermalink
(E) energy switching preparedness and alternative energy production capacity; andCommentsClose CommentsPermalink
(F) ongoing demand intensity reduction programs.CommentsClose CommentsPermalink
(3) MEMBERSHIP- The Secretary should seek to include in the Western Hemisphere energy crisis response mechanism membership for each major energy producer and major energy consumer in the Western Hemisphere and other members of the Hemisphere Energy Cooperation Forum authorized under section 706.CommentsClose CommentsPermalink
(d) International Energy Program Application Procedure-CommentsClose CommentsPermalink
(1) AUTHORITY- The President should place on the agenda for discussion at the Governing Board of the International Energy Agency, as soon as practicable, the merits of establishing an international energy program application procedure.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of such procedure is to allow countries that are not members of the International Energy Program to apply to the Governing Board of the International Energy Agency for allocation of petroleum reserve stocks in times of emergency on a grant or loan basis. Such countries should also receive technical assistance for, and be subject to, conditions requiring development and management of national programs for energy emergency preparedness, including demand restraint, fuel switching preparedness, and development of alternative fuels production capacity.CommentsClose CommentsPermalink
(e) Reports Required-CommentsClose CommentsPermalink
(1) PETROLEUM RESERVES- Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report that evaluates the options for adapting the United States national strategic petroleum reserve and the international petroleum reserve coordinating mechanism in order to carry out this section.CommentsClose CommentsPermalink
(2) CRISIS RESPONSE MECHANISMS- Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Energy, shall submit to the appropriate congressional committees a report on the status of the establishment of the international petroleum crisis response mechanisms described in subsections (b) and (c). The report shall include recommendations of the Secretary of State and the Secretary of Energy for any legislation necessary to establish or carry out such mechanisms.CommentsClose CommentsPermalink
(3) EMERGENCY APPLICATION PROCEDURE- Not later than 60 days after a discussion by the Governing Board of the International Energy Agency of the application procedure described under subsection (d), the President should submit to Congress a report that describes--CommentsClose CommentsPermalink
(A) the actions the United States Government has taken pursuant to such subsection; andCommentsClose CommentsPermalink
(B) a summary of the debate on the matter before the Governing Board of the International Energy Agency, including any decision that has been reached by the Governing Board with respect to the matter.CommentsClose CommentsPermalink
SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The engagement of the United States Government with governments of countries in the Western Hemisphere is a strategic priority for reducing the potential for tension over energy resources, maintaining and expanding reliable energy supplies, expanding use of renewable energy, and reducing the detrimental effects of energy import dependence within the hemisphere. Current energy dialogues should be expanded and refocused as needed to meet this challenge.CommentsClose CommentsPermalink
(2) Countries of the Western Hemisphere can most effectively meet their common needs for energy security and sustainability through partnership and cooperation. Cooperation between governments on energy issues will enhance bilateral relationships among countries of the hemisphere. The Western Hemisphere is rich in natural resources, including biomass, oil, natural gas, coal, and has significant opportunity for production of renewable hydro, solar, wind, and other energies. Countries of the Western Hemisphere can provide convenient and reliable markets for trade in energy goods and services.CommentsClose CommentsPermalink
(3) Development of sustainable energy alternatives in the countries of the Western Hemisphere can improve energy security, balance of trade, and environmental quality and provide markets for energy technology and agricultural products. Brazil and the United States have led the world in the production of ethanol, and deeper cooperation on biofuels with other countries of the hemisphere would extend economic and security benefits.CommentsClose CommentsPermalink
(4) Private sector partnership and investment in all sources of energy is critical to providing energy security in the Western Hemisphere.CommentsClose CommentsPermalink
(b) Hemisphere Energy Cooperation Forum-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary of State, in coordination with the Secretary of Energy, should immediately seek to establish a regional-based ministerial forum to be known as the Hemisphere Energy Cooperation Forum.CommentsClose CommentsPermalink
(2) PURPOSES- The Hemisphere Energy Cooperation Forum should seek--CommentsClose CommentsPermalink
(A) to strengthen relationships between the United States and other countries of the Western Hemisphere through cooperation on energy issues;CommentsClose CommentsPermalink
(B) to enhance cooperation between major energy producers and major energy consumers in the Western Hemisphere, particularly among the governments of Brazil, Canada, Mexico, the United States, and Venezuela;CommentsClose CommentsPermalink
(C) to ensure that energy contributes to the economic, social, and environmental enhancement of the countries of the Western Hemisphere;CommentsClose CommentsPermalink
(D) to provide an opportunity for open dialogue and joint commitments between member governments and with private industry; andCommentsClose CommentsPermalink
(E) to provide participating countries the flexibility necessary to cooperatively address broad challenges posed to the energy supply of the Western Hemisphere that are practical in policy terms and politically acceptable.CommentsClose CommentsPermalink
(3) ACTIVITIES- The Hemisphere Energy Cooperation Forum should implement the following activities:CommentsClose CommentsPermalink
(A) An Energy Crisis Initiative that will establish measures to respond to temporary energy supply disruptions, including through--CommentsClose CommentsPermalink
(i) strengthening sea-lane and infrastructure security;CommentsClose CommentsPermalink
(ii) implementing a real-time emergency information sharing system;CommentsClose CommentsPermalink
(iii) encouraging members to have emergency mechanisms and contingency plans in place; andCommentsClose CommentsPermalink
(iv) establishing a Western Hemisphere energy crisis response mechanism as authorized under section 705(c).CommentsClose CommentsPermalink
(B) An Energy Sustainability Initiative to facilitate long-term supply security through fostering reliable supply sources of fuels, including development, deployment, and commercialization of technologies for sustainable renewable fuels within the region, including activities that--CommentsClose CommentsPermalink
(i) promote production and trade in sustainable energy, including energy from biomass;CommentsClose CommentsPermalink
(ii) facilitate investment, trade, and technology cooperation in energy infrastructure, petroleum products, natural gas (including liquefied natural gas), energy efficiency (including automotive efficiency), clean fossil energy, renewable energy, and carbon sequestration;CommentsClose CommentsPermalink
(iii) promote regional infrastructure and market integration;CommentsClose CommentsPermalink
(iv) develop effective and stable regulatory frameworks;CommentsClose CommentsPermalink
(v) develop renewable fuels standards and renewable portfolio standards;CommentsClose CommentsPermalink
(vi) establish educational training and exchange programs between member countries; andCommentsClose CommentsPermalink
(vii) identify and remove barriers to trade in technology, services, and commodities.CommentsClose CommentsPermalink
(C) An Energy for Development Initiative to promote energy access for underdeveloped areas through energy policy and infrastructure development, including activities that--CommentsClose CommentsPermalink
(i) increase access to energy services for the poor;CommentsClose CommentsPermalink
(ii) improve energy sector market conditions;CommentsClose CommentsPermalink
(iii) promote rural development though biomass energy production and use;CommentsClose CommentsPermalink
(iv) increase transparency of, and participation in, energy infrastructure projects;CommentsClose CommentsPermalink
(v) promote development and deployment of technology for clean and sustainable energy development, including biofuel and clean coal technologies; andCommentsClose CommentsPermalink
(vi) facilitate use of carbon sequestration methods in agriculture and forestry and linking greenhouse gas emissions reduction programs to international carbon markets.CommentsClose CommentsPermalink
(c) Hemisphere Energy Industry Group-CommentsClose CommentsPermalink
(1) AUTHORITY- The Secretary of State, in coordination with the Secretary of Commerce and the Secretary of Energy, should approach the governments of other countries in the Western Hemisphere to seek cooperation in establishing a Hemisphere Energy Industry Group, to be coordinated by the United States Government, involving industry representatives and government representatives from the Western Hemisphere.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of the forum should be to increase public-private partnerships, foster private investment, and enable countries of the Western Hemisphere to devise energy agendas compatible with industry capacity and cognizant of industry goals.CommentsClose CommentsPermalink
(3) TOPICS OF DIALOGUES- Topics for the forum should include--CommentsClose CommentsPermalink
(A) promotion of a secure investment climate;CommentsClose CommentsPermalink
(B) development and deployment of biofuels and other alternative fuels and clean electrical production facilities, including clean coal and carbon sequestration;CommentsClose CommentsPermalink
(C) development and deployment of energy efficient technologies and practices, including in the industrial, residential, and transportation sectors;CommentsClose CommentsPermalink
(D) investment in oil and natural gas production and distribution;CommentsClose CommentsPermalink
(E) transparency of energy production and reserves data;CommentsClose CommentsPermalink
(F) research promotion; andCommentsClose CommentsPermalink
(G) training and education exchange programs.CommentsClose CommentsPermalink
(d) Annual Report- The Secretary of State, in coordination with the Secretary of Energy, shall submit to the appropriate congressional committees an annual report on the implementation of this section, including the strategy and benchmarks for measurement of progress developed under this section.CommentsClose CommentsPermalink
SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term `appropriate congressional committees' means the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate and the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink
Calendar No. 156CommentsClose CommentsPermalink
To move the United States toward greater energy independence and security, to increase the production of clean renewable fuels, to protect consumers from price gouging, to increase the energy efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve the energy performance of the Federal Government, and for other purposes.CommentsClose CommentsPermalink
May 17, 2007
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