U.S. Congress - Text of S.1462 as Placed on Calendar Senate American Clean Energy Leadership Act of 2009
The easiest way to email your members of Congress
Donate NowS.1462 - American Clean Energy Leadership Act of 2009
An original bill to promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development, and for other purposes.
Loading Bill Text
Rollover any line of text to comment and/or link to it.
S 1462 PCSCommentsClose CommentsPermalink
Calendar No. 110CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1462CommentsClose CommentsPermalink
[Report No. 111-48]CommentsClose CommentsPermalink
To promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 16, 2009CommentsClose CommentsPermalink
July 16, 2009CommentsClose CommentsPermalink
Mr. BINGAMAN, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development, 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 ‘American Clean Energy Leadership Act of 2009’.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. Definition of Secretary.CommentsClose CommentsPermalink
TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENT
Subtitle A--Clean Energy Financing
Sec. 101. Purpose.CommentsClose CommentsPermalink
Sec. 102. Definitions.CommentsClose CommentsPermalink
Sec. 103. Improvements to existing programs.CommentsClose CommentsPermalink
Sec. 104. Energy technology deployment goals.CommentsClose CommentsPermalink
Sec. 105. Clean Energy Deployment Administration.CommentsClose CommentsPermalink
Sec. 106. Administration functions.CommentsClose CommentsPermalink
Sec. 107. Federal Credit Authority.CommentsClose CommentsPermalink
Sec. 108. General provisions.CommentsClose CommentsPermalink
Subtitle B--Improved Transmission Siting
Sec. 121. Siting of interstate electric transmission facilities.CommentsClose CommentsPermalink
Subtitle C--Federal Renewable Electricity Standard
Sec. 131. Sense of Congress on renewable energy and energy efficiency.CommentsClose CommentsPermalink
Sec. 132. Federal renewable electricity standard.CommentsClose CommentsPermalink
Sec. 133. Federal purchase requirement amendments.CommentsClose CommentsPermalink
Subtitle D--Energy and Water Integration
Sec. 141. Energy water nexus study.CommentsClose CommentsPermalink
Sec. 142. Power plant water and energy efficiency.CommentsClose CommentsPermalink
Sec. 143. Reclamation water conservation and energy savings study.CommentsClose CommentsPermalink
Sec. 144. Brackish groundwater national desalination research facility.CommentsClose CommentsPermalink
Sec. 145. Enhanced information on water-related energy consumption.CommentsClose CommentsPermalink
Sec. 146. Energy-Water Research and Development Roadmap.CommentsClose CommentsPermalink
Sec. 147. Energy-water clean technology grant program.CommentsClose CommentsPermalink
Sec. 148. Rural water utilities energy and water efficiency program.CommentsClose CommentsPermalink
Sec. 149. Comprehensive water use and energy savings study.CommentsClose CommentsPermalink
Subtitle E--Vehicle Technology Deployment
Sec. 151. Transportation roadmap study.CommentsClose CommentsPermalink
Sec. 152. Vehicle technology and recharging infrastructure.CommentsClose CommentsPermalink
Sec. 153. Electric drive transportation standardization.CommentsClose CommentsPermalink
Sec. 154. Pilot program for plug-in electric drive vehicles for Federal fleet.CommentsClose CommentsPermalink
Sec. 155. Study of end-of-useful life options for motor vehicle batteries.CommentsClose CommentsPermalink
TITLE II--ENHANCED ENERGY EFFICIENCY
Subtitle A--Manufacturing Energy Efficiency
Sec. 201. State partnership industrial energy efficiency revolving loan program.CommentsClose CommentsPermalink
Sec. 202. Coordination of research and development of energy efficient technologies for industry.CommentsClose CommentsPermalink
Sec. 203. Energy efficient technologies assessment.CommentsClose CommentsPermalink
Sec. 204. Future of Industry program.CommentsClose CommentsPermalink
Sec. 205. Sustainable manufacturing initiative.CommentsClose CommentsPermalink
Sec. 206. Innovation in industry grants.CommentsClose CommentsPermalink
Sec. 207. Study of advanced energy technology manufacturing capabilities in the United States.CommentsClose CommentsPermalink
Sec. 208. Industrial Technologies steering committee.CommentsClose CommentsPermalink
Sec. 209. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Improved Efficiency in Appliances and Equipment
Sec. 221. Test procedure petition process.CommentsClose CommentsPermalink
Sec. 222. Energy Star program.CommentsClose CommentsPermalink
Sec. 223. Petition for amended standards.CommentsClose CommentsPermalink
Sec. 224. Portable light fixtures.CommentsClose CommentsPermalink
Sec. 225. GU-24 base lamps.CommentsClose CommentsPermalink
Sec. 226. Standards for certain incandescent reflector lamps and reflector lamps.CommentsClose CommentsPermalink
Sec. 227. Standards for commercial furnaces.CommentsClose CommentsPermalink
Sec. 228. Motor efficiency rebate program.CommentsClose CommentsPermalink
Sec. 229. Study of compliance with energy standards for appliances.CommentsClose CommentsPermalink
Sec. 230. Study of direct current electricity supply in certain buildings.CommentsClose CommentsPermalink
Sec. 231. Motor market assessment and commercial awareness program.CommentsClose CommentsPermalink
Sec. 232. Study regarding Energy Superstar concept.CommentsClose CommentsPermalink
Sec. 233. Technical amendment.CommentsClose CommentsPermalink
Subtitle C--Building Efficiency
PART I--Building Codes
Sec. 241. Greater energy efficiency in building codes.CommentsClose CommentsPermalink
Sec. 242. Multifamily and Manufactured Housing Energy Efficiency Grant Program.CommentsClose CommentsPermalink
Sec. 243. Building training and assessment centers.CommentsClose CommentsPermalink
PART II--Weatherization Assistance for Low-income Persons
Sec. 251. Weatherization assistance for low-income persons.CommentsClose CommentsPermalink
PART III--State Energy Program
Sec. 255. State Energy Program.CommentsClose CommentsPermalink
PART IV--State Energy Efficiency Grants Program
Sec. 261. Definitions.CommentsClose CommentsPermalink
Sec. 262. State energy efficiency retrofit programs.CommentsClose CommentsPermalink
Sec. 263. Administrative and technical support.CommentsClose CommentsPermalink
Sec. 264. Regulations.CommentsClose CommentsPermalink
Sec. 265. Funding.CommentsClose CommentsPermalink
Sec. 266. Home Energy Retrofit Finance Program.CommentsClose CommentsPermalink
PART V--Federal Efficiency and Renewables
Sec. 271. Federal purchase requirement.CommentsClose CommentsPermalink
Sec. 272. Competition requirements for task or delivery orders under energy savings performance contracts.CommentsClose CommentsPermalink
Sec. 273. Funding flexibility.CommentsClose CommentsPermalink
Sec. 274. Definition of energy savings.CommentsClose CommentsPermalink
Sec. 275. National energy efficiency improvement goals.CommentsClose CommentsPermalink
Sec. 276. Energy sustainability and efficiency grants and loans for institutions.CommentsClose CommentsPermalink
Sec. 277. Federal implementation strategy for energy-efficient information and communications technologies.CommentsClose CommentsPermalink
Sec. 278. Incentives for Federal agencies to participate in energy efficiency programs.CommentsClose CommentsPermalink
PART VI--Energy Efficiency Information on Homes and Buildings
Sec. 281. Building energy performance information program.CommentsClose CommentsPermalink
Sec. 282. Evaluation, measurement, and verification of energy savings.CommentsClose CommentsPermalink
PART VII--Residential High Performance Zero-Net-Energy Buildings Initiative
Sec. 291. Residential High Performance Zero-Net-Energy Buildings Initiative.CommentsClose CommentsPermalink
Subtitle D--Electric Grid
Sec. 295. National electric system efficiency and peak demand reduction goal.CommentsClose CommentsPermalink
Sec. 296. Uniform national standards for interconnection of certain small power production facilities.CommentsClose CommentsPermalink
TITLE III--IMPROVED ENERGY SECURITY
Subtitle A--Cyber Security of the Electric Transmission Grid
Sec. 301. Critical electric infrastructure.CommentsClose CommentsPermalink
Subtitle B--Nuclear Energy
Sec. 311. National Commission on Nuclear Waste.CommentsClose CommentsPermalink
Sec. 312. Sense of Congress regarding the strategic role of nuclear energy.CommentsClose CommentsPermalink
Sec. 313. Advanced fuel recycling process development.CommentsClose CommentsPermalink
Subtitle C--Improving United States Strategic Reserves
Sec. 321. Petroleum product reserve.CommentsClose CommentsPermalink
Sec. 322. Petroleum exchange authority.CommentsClose CommentsPermalink
Subtitle D--Federal Oil and Gas Development
PART I--Oil and Gas Leasing
Sec. 331. Oil and Gas Permit Processing Improvement Fund.CommentsClose CommentsPermalink
Sec. 332. Facilitation of coproduction of geothermal energy on oil and gas leases.CommentsClose CommentsPermalink
PART II--Outer Continental Shelf
Sec. 341. Implementation of inventory of outer Continental Shelf resources.CommentsClose CommentsPermalink
Sec. 342. Alaska OCS permit processing coordination office.CommentsClose CommentsPermalink
Sec. 343. Moratorium of oil and gas leasing in certain areas of the Gulf of Mexico.CommentsClose CommentsPermalink
Sec. 344. Repeal of outer Continental Shelf deep water and deep gas royalty relief.CommentsClose CommentsPermalink
PART III--Miscellaneous
Sec. 351. Minerals Management Service.CommentsClose CommentsPermalink
Sec. 352. Preservation of geological and geophysical data.CommentsClose CommentsPermalink
Sec. 353. Alaska natural gas pipeline.CommentsClose CommentsPermalink
Sec. 354. Denali National Park and Preserve natural gas pipeline.CommentsClose CommentsPermalink
Sec. 355. Exemption of trans-Alaska oil pipeline system from certain requirements.CommentsClose CommentsPermalink
Sec. 356. Procurement and acquisition of alternative fuels.CommentsClose CommentsPermalink
Sec. 357. Geologic Materials Archiving Grant Program.CommentsClose CommentsPermalink
Subtitle E--Public Land Renewable Energy Deployment
Sec. 361. Renewable energy Federal permit coordination.CommentsClose CommentsPermalink
Sec. 362. Extension of funding for implementation of Geothermal Steam Act of 1970.CommentsClose CommentsPermalink
Sec. 363. Programmatic environmental impact statements and land use planning.CommentsClose CommentsPermalink
Sec. 364. Report.CommentsClose CommentsPermalink
Sec. 365. Renewable energy development on brownfield sites.CommentsClose CommentsPermalink
Sec. 366. Development of solar and wind energy on public land.CommentsClose CommentsPermalink
Subtitle F--Carbon Capture
Sec. 371. Large-scale carbon storage program.CommentsClose CommentsPermalink
Sec. 372. Training program for State agencies.CommentsClose CommentsPermalink
Subtitle G--Island Energy
Sec. 381. Affiliated island energy independence team.CommentsClose CommentsPermalink
TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENT
Subtitle A--Funding
Sec. 401. Authorization of appropriations for energy research, development, demonstration, and commercial application activities.CommentsClose CommentsPermalink
Subtitle B--Grand Energy Challenges Research Initiative
Sec. 411. Grand Energy Challenges Research Initiative.CommentsClose CommentsPermalink
Subtitle C--Improvements to Existing Energy Research and Development Programs
Sec. 421. Advanced Research Projects Agency--Energy.CommentsClose CommentsPermalink
Sec. 422. Domestic vehicle battery manufacturing research.CommentsClose CommentsPermalink
Sec. 423. Lightweight materials research and development.CommentsClose CommentsPermalink
Sec. 424. Amendments to the Methane Hydrate Research and Development Act of 2000.CommentsClose CommentsPermalink
Sec. 425. Program to exploit low-Btu gas and conserve helium resources.CommentsClose CommentsPermalink
Sec. 426. Office of Arctic Energy.CommentsClose CommentsPermalink
Sec. 427. Ultra-deepwater and unconventional natural gas and other petroleum resources program.CommentsClose CommentsPermalink
Subtitle D--Energy Workforce Development
Sec. 431. Best practices for energy career academies.CommentsClose CommentsPermalink
Sec. 432. Energy career academies.CommentsClose CommentsPermalink
Sec. 433. Energy utility trades program for community colleges.CommentsClose CommentsPermalink
Sec. 434. Student awareness of energy career opportunities.CommentsClose CommentsPermalink
Sec. 435. Coordination of energy workforce training programs.CommentsClose CommentsPermalink
Sec. 436. Direct hire authority.CommentsClose CommentsPermalink
Sec. 437. Critical pay authority.CommentsClose CommentsPermalink
Sec. 438. Reemployment of civilian retirees.CommentsClose CommentsPermalink
Sec. 439. Sustainable energy training program for community colleges.CommentsClose CommentsPermalink
Subtitle E--Strengthening Education and Training in the Subsurface Geosciences and Engineering for Energy Development
Sec. 451. Definitions.CommentsClose CommentsPermalink
Sec. 452. Policy.CommentsClose CommentsPermalink
Sec. 453. Research personnel and programs.CommentsClose CommentsPermalink
Sec. 454. Scholarships and fellowships.CommentsClose CommentsPermalink
Sec. 455. Career technical and community college education.CommentsClose CommentsPermalink
Sec. 456. Use of funds by institutions.CommentsClose CommentsPermalink
Sec. 457. Advisory Committee.CommentsClose CommentsPermalink
Sec. 458. Office; regulations.CommentsClose CommentsPermalink
Sec. 459. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 460. Study of availability of skilled workers.CommentsClose CommentsPermalink
Subtitle F--Miscellaneous
Sec. 471. Other transactions authority.CommentsClose CommentsPermalink
Sec. 472. Definition of National Laboratory.CommentsClose CommentsPermalink
Sec. 473. Protection of results.CommentsClose CommentsPermalink
Sec. 474. Marine and hydrokinetic renewable energy research and development.CommentsClose CommentsPermalink
TITLE V--ENERGY MARKETS
Sec. 501. Enhanced information on critical energy supplies.CommentsClose CommentsPermalink
Sec. 502. Working Group on Energy Markets.CommentsClose CommentsPermalink
Sec. 503. Study of regulatory framework for energy markets.CommentsClose CommentsPermalink
Sec. 504. Metadata formats for energy prices.CommentsClose CommentsPermalink
Sec. 505. Emergency orders under the Federal Power Act.CommentsClose CommentsPermalink
Sec. 506. Cease-and-desist authority under the Federal Power Act.CommentsClose CommentsPermalink
Sec. 507. Cease-and-desist authority under the Natural Gas Act.CommentsClose CommentsPermalink
Sec. 508. De novo review of civil penalties under the Natural Gas Act.CommentsClose CommentsPermalink
TITLE VI--POLICY STUDIES AND REPORTS
Sec. 601. Helium gas resource assessment.CommentsClose CommentsPermalink
Sec. 602. Potash mineral resource assessment.CommentsClose CommentsPermalink
Sec. 603. Better energy strategy for tomorrow.CommentsClose CommentsPermalink
Sec. 604. Addressing climate change in China and India.CommentsClose CommentsPermalink
Sec. 605. Carbon leakage mitigation study.CommentsClose CommentsPermalink
Sec. 606. Study of foreign fuel subsidies.CommentsClose CommentsPermalink
Sec. 607. Assessment of renewable energy resources.CommentsClose CommentsPermalink
Sec. 608. Efficiency review of electric generation facilities.CommentsClose CommentsPermalink
Sec. 609. Report on emissions of alternative transportation fuels.CommentsClose CommentsPermalink
Sec. 610. Oil savings.CommentsClose CommentsPermalink
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENTCommentsClose CommentsPermalink
TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENTCommentsClose CommentsPermalink
Subtitle A--Clean Energy FinancingCommentsClose CommentsPermalink
Subtitle A--Clean Energy FinancingCommentsClose CommentsPermalink
SEC. 101. PURPOSE.
The purpose of this subtitle is to promote the domestic development and deployment of clean energy technologies required for the 21st century through the improvement of existing programs and the establishment of a self-sustaining Clean Energy Deployment Administration that will provide for an attractive investment environment through partnership with and support of the private capital market in order to promote access to affordable financing for accelerated and widespread deployment of--CommentsClose CommentsPermalink
(1) clean energy technologies;CommentsClose CommentsPermalink
(2) advanced or enabling energy infrastructure technologies;CommentsClose CommentsPermalink
(3) energy efficiency technologies in residential, commercial, and industrial applications, including end-use efficiency in buildings; andCommentsClose CommentsPermalink
(4) manufacturing technologies for any of the technologies or applications described in this section.CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ADMINISTRATION- The term ‘Administration’ means the Clean Energy Deployment Administration established by section 105.CommentsClose CommentsPermalink
(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Administration.CommentsClose CommentsPermalink
(3) ADVISORY COUNCIL- The term ‘Advisory Council’ means the Energy Technology Advisory Council of the Administration.CommentsClose CommentsPermalink
(4) BREAKTHROUGH TECHNOLOGY- The term ‘breakthrough technology’ means a clean energy technology that--CommentsClose CommentsPermalink
(A) presents a significant opportunity to advance the goals developed under section 104, as assessed under the methodology established by the Advisory Council; butCommentsClose CommentsPermalink
(B) has generally not been considered a commercially ready technology as a result of high perceived technology risk or other similar factors.CommentsClose CommentsPermalink
(5) CLEAN ENERGY TECHNOLOGY- The term ‘clean energy technology’ means a technology related to the production, use, transmission, storage, control, or conservation of energy that will--CommentsClose CommentsPermalink
(A) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States;CommentsClose CommentsPermalink
(B) diversify the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; orCommentsClose CommentsPermalink
(C) contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions.CommentsClose CommentsPermalink
(6) COST- The term ‘cost’ has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (
(7) DIRECT LOAN- The term ‘direct loan’ has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (
(8) FUND- The term ‘Fund’ means the Clean Energy Investment Fund established by section 103(a).CommentsClose CommentsPermalink
(9) LOAN GUARANTEE- The term ‘loan guarantee’ has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (
(10) NATIONAL LABORATORY- The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (
(11) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
(12) SECURITY- The term ‘security’ has the meaning given the term in section 2 of the Securities Act of 1933 (
(13) 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
(14) TECHNOLOGY RISK- The term ‘technology risk’ means the risks during construction or operation associated with the design, development, and deployment of clean energy technologies (including the cost, schedule, performance, reliability and maintenance, and accounting for the perceived risk), from the perspective of commercial lenders, that may be increased as a result of the absence of adequate historical construction, operating, or performance data from commercial applications of the technology.CommentsClose CommentsPermalink
SEC. 103. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Clean Energy Investment Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the Treasury of the United States a revolving fund, to be known as the ‘Clean Energy Investment Fund’, consisting of--CommentsClose CommentsPermalink
(A) such amounts as have been appropriated for administrative expenses to carry out title XVII of the Energy Policy Act of 2005 (
(B) such amounts as are deposited in the Fund under this subtitle and amendments made by this subtitle; andCommentsClose CommentsPermalink
(C) such sums as may be appropriated to supplement the Fund.CommentsClose CommentsPermalink
(2) EXPENDITURES FROM FUND-CommentsClose CommentsPermalink
(A) IN GENERAL- Notwithstanding section 1705(e) of the Energy Policy Act of 2005 (
(B) ADMINISTRATIVE EXPENSES-CommentsClose CommentsPermalink
(i) FEES- Fees collected for administrative expenses shall be available without limitation to cover applicable expenses.CommentsClose CommentsPermalink
(ii) FUND- To the extent that administrative expenses are not reimbursed through fees, an amount not to exceed 1.5 percent of the amounts in the Fund as of the beginning of each fiscal year shall be available to pay the administrative expenses for the fiscal year necessary to carry out title XVII of the Energy Policy Act of 2005 (
(3) TRANSFERS OF AMOUNTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.CommentsClose CommentsPermalink
(B) CASH FLOWS- Cash flows associated with costs of the Fund described in section 502(5)(B) of the Federal Credit Reform Act of 1990 (
(C) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.CommentsClose CommentsPermalink
(b) Revisions to Loan Guarantee Program 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 project; 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 sufficient amounts to account for the cost are available--CommentsClose CommentsPermalink
‘(A) in unobligated balances within the Clean Energy Investment Fund established under section 103(a) of the American Clean Energy Leadership Act of 2009;CommentsClose CommentsPermalink
‘(B) as a payment from the borrower and the payment is deposited in the Clean Energy Investment Fund; orCommentsClose CommentsPermalink
‘(C) in any combination of balances and payments described in subparagraphs (A) and (B), respectively.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 (
2 U.S.C. 661c(b) ) shall not apply to a loan or loan guarantee under this section.’.CommentsClose CommentsPermalink(3) SUBROGATION- Section 1702(g)(2) of the Energy Policy Act of 2005 (
42 U.S.C. 16512(g)(2) ) is amended by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink
‘(B) SUPERIORITY OF RIGHTS- Except as provided in subparagraph (C), the rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property.CommentsClose CommentsPermalink
‘(C) TERMS AND CONDITIONS- A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to--CommentsClose CommentsPermalink
‘(i) protect the interests of the United States in the case of default;CommentsClose CommentsPermalink
‘(ii) have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project;CommentsClose CommentsPermalink
‘(iii) provide for sharing the proceeds received from the sale of project assets with other creditors or control the disposition of project assets if necessary to protect the interests of the United States in the case of default; andCommentsClose CommentsPermalink
‘(iv) provide such lien priority in project assets as necessary to protect the interests of the United States in the case of a default.’.CommentsClose CommentsPermalink
(4) FEES- Section 1702(h) of the Energy Policy Act of 2005 (
42 U.S.C. 16512(h) ) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink‘(2) AVAILABILITY- Fees collected under this subsection shall--CommentsClose CommentsPermalink
‘(A) be deposited by the Secretary in the Clean Energy Investment Fund established under section 103(a) of the American Clean Energy Leadership Act of 2009; 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
‘(3) ADJUSTMENT- The Secretary may adjust the amount or manner of collection of fees under this title as the Secretary determines is necessary to promote, to the maximum extent practicable, eligible projects under this title.CommentsClose CommentsPermalink
‘(4) EXCESS FEES- Of the amount of a fee imposed on an applicant at the conditional commitment stage, 75 percent of the amount shall be refundable to the applicant if there is no financial close on the application, unless the Secretary determines that the administrative costs of the Department have exceeded the amount retained.CommentsClose CommentsPermalink
‘(5) CREDIT REPORT- If, in the opinion of the Secretary, the credit rating of an applicant is not relevant to the determination of whether or not support will be provided and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any requirement to provide a third-party credit report.’.CommentsClose CommentsPermalink
(5) PROCESSING- Section 1702 of the Energy Policy Act of 2005 (
42 U.S.C. 16512 ) is amended by adding at the end the following:CommentsClose CommentsPermalink‘(k) Accelerated Reviews- To the maximum extent practicable and consistent with sound business practices, the Secretary shall seek to conduct necessary reviews concurrently of an application for a loan guarantee under this title such that decisions as to whether to enter into a commitment on the application can be issued not later than 180 days after the date of submission of a completed application.’.CommentsClose CommentsPermalink
(6) WAGE RATES- Section 1705(c) of the Energy Policy Act of 2005 (
SEC. 104. ENERGY TECHNOLOGY DEPLOYMENT GOALS.
(a) Goals- Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with the Advisory Council, shall develop and publish for review and comment in the Federal Register near-, medium-, and long-term goals (including numerical performance targets at appropriate intervals to measure progress toward those goals) for the deployment of clean energy technologies through the credit support programs established by this subtitle (including an amendment made by this subtitle) to promote--CommentsClose CommentsPermalink
(1) sufficient electric generating capacity using clean energy technologies to meet the energy needs of the United States;CommentsClose CommentsPermalink
(2) clean energy technologies in vehicles and fuels that will substantially reduce the reliance of the United States on foreign sources of energy and insulate consumers from the volatility of world energy markets;CommentsClose CommentsPermalink
(3) a domestic commercialization and manufacturing capacity that will establish the United States as a world leader in clean energy technologies across multiple sectors;CommentsClose CommentsPermalink
(4) installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States;CommentsClose CommentsPermalink
(5) the transformation of the building stock of the United States to zero net energy consumption;CommentsClose CommentsPermalink
(6) the recovery, use, and prevention of waste energy;CommentsClose CommentsPermalink
(7) domestic manufacturing of clean energy technologies on a scale that is sufficient to achieve price parity with conventional energy sources;CommentsClose CommentsPermalink
(8) domestic production of commodities and materials (such as steel, chemicals, polymers, and cement) using clean energy technologies so that the United States will become a world leader in environmentally sustainable production of the commodities and materials;CommentsClose CommentsPermalink
(9) a robust, efficient, and interactive electricity transmission grid that will allow for the incorporation of clean energy technologies, distributed generation, smart grid functions, and demand-response in each regional electric grid;CommentsClose CommentsPermalink
(10) sufficient availability of financial products to allow owners and users of residential, retail, commercial, and industrial buildings to make energy efficiency and distributed generation technology investments with reasonable payback periods; andCommentsClose CommentsPermalink
(11) such other goals as the Secretary, in consultation with the Advisory Council, determines to be consistent with the purposes of this subtitle.CommentsClose CommentsPermalink
(b) Revisions- The Secretary shall revise the goals established under subsection (a), from time to time as appropriate, to account for advances in technology and changes in energy policy.CommentsClose CommentsPermalink
SEC. 105. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Department of Energy an administration to be known as the Clean Energy Deployment Administration, under the direction of the Administrator and the Board of Directors.CommentsClose CommentsPermalink
(2) STATUS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Administration (including officers, employees, and agents of the Administration) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy other than the Secretary, acting through the Administrator.CommentsClose CommentsPermalink
(B) EXEMPTION FROM REORGANIZATION- The Administration shall be exempt from the reorganization authority provided under section 643 of the Department of Energy Organization Act (
(C) INSPECTOR GENERAL- Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink
(i) in paragraph (1), by inserting ‘the Administrator of the Clean Energy Deployment Administration;’ after ‘Export-Import Bank;’; andCommentsClose CommentsPermalink
(ii) in paragraph (2), by inserting ‘the Clean Energy Deployment Administration,’ after ‘Export-Import Bank,’.CommentsClose CommentsPermalink
(3) OFFICES-CommentsClose CommentsPermalink
(A) PRINCIPAL OFFICE- The Administration shall--CommentsClose CommentsPermalink
(i) maintain the principal office of the Administration in the District of Columbia; andCommentsClose CommentsPermalink
(ii) for purposes of venue in civil actions, be considered to be a resident of the District of Columbia.CommentsClose CommentsPermalink
(B) OTHER OFFICES- The Administration may establish other offices in such other places as the Administration considers necessary or appropriate for the conduct of the business of the Administration.CommentsClose CommentsPermalink
(b) Administrator-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall be--CommentsClose CommentsPermalink
(A) appointed by the President, with the advice and consent of the Senate, for a 5-year term; andCommentsClose CommentsPermalink
(B) compensated at the annual rate of basic pay prescribed for level II of the Executive Schedule under
(2) DUTIES- The Administrator shall--CommentsClose CommentsPermalink
(A) serve as the Chief Executive Officer of the Administration and Chairman of the Board;CommentsClose CommentsPermalink
(B) ensure that--CommentsClose CommentsPermalink
(i) the Administration operates in a safe and sound manner, including maintenance of adequate capital and internal controls (consistent with section 404 of the Sarbanes-Oxley Act of 2002 (
(ii) the operations and activities of the Administration foster liquid, efficient, competitive, and resilient energy and energy efficiency finance markets;CommentsClose CommentsPermalink
(iii) the Administration carries out the purposes of this subtitle only through activities that are authorized under and consistent with this subtitle; andCommentsClose CommentsPermalink
(iv) the activities of the Administration and the manner in which the Administration is operated are consistent with the public interest;CommentsClose CommentsPermalink
(C) develop policies and procedures for the Administration that will--CommentsClose CommentsPermalink
(i) promote a self-sustaining portfolio of investments that will maximize the value of investments to effectively promote clean energy technologies;CommentsClose CommentsPermalink
(ii) promote transparency and openness in Administration operations;CommentsClose CommentsPermalink
(iii) afford the Administration with sufficient flexibility to meet the purposes of this subtitle;CommentsClose CommentsPermalink
(iv) provide for the efficient processing of applications;CommentsClose CommentsPermalink
(v) promote, consistent with the purposes of this Act, the participation of private financial institutions and other sources of private capital, on commercially reasonable terms, if and to the extent the capital is available; andCommentsClose CommentsPermalink
(vi) promote the availability of financial products to small business through working with entities that have appropriate expertise extending credit or other relevant financial services to small companies developing clean energy technologies; andCommentsClose CommentsPermalink
(D) with the concurrence of the Board, set expected loss reserves for the support provided by the Administration consistent with section 106(a)(1)(C).CommentsClose CommentsPermalink
(c) Board of Directors-CommentsClose CommentsPermalink
(1) IN GENERAL- The Board of Directors of the Administration shall consist of--CommentsClose CommentsPermalink
(A) the Secretary or the designee of the Secretary, who shall serve as an ex-officio voting member of the Board of Directors;CommentsClose CommentsPermalink
(B) the Administrator, who shall serve as the Chairman of the Board of Directors; andCommentsClose CommentsPermalink
(C) 7 additional members who shall--CommentsClose CommentsPermalink
(i) be appointed by the President, with the advice and consent of the Senate, for staggered 5-year terms; andCommentsClose CommentsPermalink
(ii) have experience in banking or financial services relevant to the operations of the Administration, including individuals with substantial experience in the development of energy projects, the electricity generation sector, the transportation sector, the manufacturing sector, and the energy efficiency sector.CommentsClose CommentsPermalink
(2) DUTIES- The Board of Directors shall--CommentsClose CommentsPermalink
(A) oversee the operations of the Administration and ensure industry best practices are followed in all financial transactions involving the Administration;CommentsClose CommentsPermalink
(B) consult with the Administrator on the general policies and procedures of the Administration to ensure the interests of the taxpayers are protected;CommentsClose CommentsPermalink
(C) ensure the portfolio of investments are consistent with purposes of this subtitle and with the long-term financial stability of the Administration;CommentsClose CommentsPermalink
(D) ensure that the operations and activities of the Administration are consistent with the development of a robust private sector that can provide commercial loans or financing products; andCommentsClose CommentsPermalink
(E) not serve on a full-time basis, except that the Board of Directors shall meet at least quarterly to review, as appropriate, applications for credit support and set policies and procedures as necessary.CommentsClose CommentsPermalink
(3) REMOVAL- An appointed member of the Board of Directors may be removed from office by the President for good cause.CommentsClose CommentsPermalink
(4) VACANCIES- An appointed seat on the Board of Directors that becomes vacant shall be filled by appointment by the President, but only for the unexpired portion of the term of the vacating member.CommentsClose CommentsPermalink
(5) COMPENSATION OF MEMBERS- An appointed member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under
(d) Energy Technology Advisory Council-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administration shall have an Energy Technology Advisory Council consisting of--CommentsClose CommentsPermalink
(A) 5 members selected by the Secretary; andCommentsClose CommentsPermalink
(B) 3 members selected by the Board of Directors of the Administration.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- The members of the Advisory Council shall--CommentsClose CommentsPermalink
(A) have relevant scientific expertise; andCommentsClose CommentsPermalink
(B) in the case of the members selected by the Secretary under paragraph (1)(A), include representatives of--CommentsClose CommentsPermalink
(i) the academic community;CommentsClose CommentsPermalink
(ii) the private research community;CommentsClose CommentsPermalink
(iii) National Laboratories;CommentsClose CommentsPermalink
(iv) the technology or project development community; andCommentsClose CommentsPermalink
(v) the commercial energy financing and operations sector.CommentsClose CommentsPermalink
(3) DUTIES- The Advisory Council shall--CommentsClose CommentsPermalink
(A) develop and publish for comment in the Federal Register a methodology for assessment of clean energy technologies that will allow the Administration to evaluate projects based on the progress likely to be achieved per-dollar invested in maximizing the attributes of the definition of clean energy technology, taking into account the extent to which support for a clean energy technology is likely to accrue subsequent benefits that are attributable to a commercial scale deployment taking place earlier than that which otherwise would have occurred without the support; andCommentsClose CommentsPermalink
(B) advise on the technological approaches that should be supported by the Administration to meet the technology deployment goals established by the Secretary pursuant to section 104.CommentsClose CommentsPermalink
(4) TERM-CommentsClose CommentsPermalink
(A) IN GENERAL- Members of the Advisory Council shall have 5-year staggered terms, as determined by the Secretary and the Administrator.CommentsClose CommentsPermalink
(B) REAPPOINTMENT- A member of the Advisory Council may be reappointed.CommentsClose CommentsPermalink
(5) COMPENSATION- A member of the Advisory Council, who is not otherwise compensated as a Federal employee, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under
(e) Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator, in consultation with the Board of Directors, may--CommentsClose CommentsPermalink
(A) appoint and terminate such officers, attorneys, employees, and agents as are necessary to carry out this subtitle; andCommentsClose CommentsPermalink
(B) vest those personnel with such powers and duties as the Administrator may determine.CommentsClose CommentsPermalink
(2) DIRECT HIRE AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Notwithstanding section 3304 and sections 3309 through 3318 of title 5, United States Code, the Administrator may, on a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the Administration into the competitive service.CommentsClose CommentsPermalink
(B) EXCEPTION- The authority granted under subparagraph (A) shall not apply to positions in the excepted service or the Senior Executive Service.CommentsClose CommentsPermalink
(C) REQUIREMENTS- In exercising the authority granted under subparagraph (A), the Administrator shall ensure that any action taken by the Administrator--CommentsClose CommentsPermalink
(i) is consistent with the merit principles of
(ii) complies with the public notice requirements of
(D) TERMINATION OF EFFECTIVENESS- The authority provided by this paragraph terminates effective on the date that is 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) CRITICAL PAY AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Notwithstanding
(i) the positions require expertise of an extremely high level in a financial, technical, or scientific field;CommentsClose CommentsPermalink
(ii) the Administration would not successfully accomplish an important mission without such an individual; andCommentsClose CommentsPermalink
(iii) exercise of the authority is necessary to recruit an individual who is exceptionally well qualified for the position.CommentsClose CommentsPermalink
(B) LIMITATIONS- The authority granted under subparagraph (A) shall be subject to the following conditions:CommentsClose CommentsPermalink
(i) The number of critical positions authorized by subparagraph (A) may not exceed 20 at any 1 time in the Administration.CommentsClose CommentsPermalink
(ii) The term of an appointment under subparagraph (A) may not exceed 4 years.CommentsClose CommentsPermalink
(iii) An individual appointed under subparagraph (A) may not have been an Administration employee at any time during the 2-year period preceding the date of appointment.CommentsClose CommentsPermalink
(iv) Total annual compensation for any individual appointed under subparagraph (A) may not exceed the highest total annual compensation payable at the rate determined under
(v) An individual appointed under subparagraph (A) may not be considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United States Code.CommentsClose CommentsPermalink
(C) NOTIFICATION- Each year, the Administrator shall submit to Congress a notification that lists each individual appointed under this paragraph.CommentsClose CommentsPermalink
SEC. 106. ADMINISTRATION FUNCTIONS.
(a) Operational Units-CommentsClose CommentsPermalink
(1) DIRECT SUPPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Administration may issue direct loans, letters of credit, loan guarantees, insurance products, or such other credit enhancements (including through participation as a co-lender or a lending member of a syndication) as the Administrator considers appropriate to deploy clean energy technologies if the Administrator has determined that deployment of the technologies would benefit or be accelerated by the support.CommentsClose CommentsPermalink
(B) ELIGIBILITY CRITERIA- In carrying out this paragraph and awarding credit support to projects, the Administrator shall account for--CommentsClose CommentsPermalink
(i) how the technology rates based on an evaluation methodology established by the Advisory Council;CommentsClose CommentsPermalink
(ii) how the project fits with the goals established under section 104; andCommentsClose CommentsPermalink
(iii) the potential for the applicant to successfully complete the project.CommentsClose CommentsPermalink
(C) RISK-CommentsClose CommentsPermalink
(i) EXPECTED LOAN LOSS RESERVE- The Administrator shall establish an expected loan loss reserve to account for estimated losses attributable to activities under this section that is consistent with the purposes of--CommentsClose CommentsPermalink
(I) developing breakthrough technologies to the point at which technology risk is largely mitigated;CommentsClose CommentsPermalink
(II) achieving widespread deployment and advancing the commercial viability of clean energy technologies; andCommentsClose CommentsPermalink
(III) advancing the goals established under section 104.CommentsClose CommentsPermalink
(ii) INITIAL EXPECTED LOAN LOSS RESERVE- Until such time as the Administrator determines sufficient data exist to establish an expected loan loss reserve that is appropriate, the Administrator shall consider establishing an initial rate of 10 percent for the portfolio of investments under this subtitle.CommentsClose CommentsPermalink
(iii) PORTFOLIO INVESTMENT APPROACH- The Administration shall--CommentsClose CommentsPermalink
(I) use a portfolio investment approach to mitigate risk and diversify investments across technologies;CommentsClose CommentsPermalink
(II) to the maximum extent practicable and consistent with long-term self-sufficiency, weigh the portfolio of investments in projects to advance the goals established under section 104; andCommentsClose CommentsPermalink
(III) consistent with the expected loan loss reserve established under this subparagraph, the purposes of this subtitle, and section 105(b)(2)(B), provide the maximum practicable percentage of support to promote breakthrough technologies.CommentsClose CommentsPermalink
(iv) LOSS RATE REVIEW-CommentsClose CommentsPermalink
(I) IN GENERAL- The Board of Directors shall review on an annual basis the loss rates of the portfolio to determine the adequacy of the reserves.CommentsClose CommentsPermalink
(II) REPORT- Not later than 90 days after the date of the initiation of the review, the Administrator 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 review and any recommended policy changes.CommentsClose CommentsPermalink
(D) APPLICATION REVIEW-CommentsClose CommentsPermalink
(i) IN GENERAL- To the maximum extent practicable and consistent with sound business practices, the Administration shall seek to consolidate reviews of applications for credit support under this subtitle such that final decisions on applications can generally be issued not later than 180 days after the date of submission of a completed application.CommentsClose CommentsPermalink
(ii) ENVIRONMENTAL REVIEW- In carrying out this subtitle, the Administration shall, to the maximum extent practicable--CommentsClose CommentsPermalink
(I) avoid duplicating efforts that have already been undertaken by other agencies (including State agencies acting under Federal programs); andCommentsClose CommentsPermalink
(II) with the advice of the Council on Environmental Quality and any other applicable agencies, use the administrative records of similar reviews conducted throughout the executive branch to develop the most expeditious review process practicable.CommentsClose CommentsPermalink
(E) WAGE RATE REQUIREMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- No credit support shall be issued under this section unless the borrower has provided to the Administrator reasonable assurances that all laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part by the Administration will be paid wages at rates not less than those prevailing on projects of a character similar to the contract work in the civil subdivision of the State in which the contract work is to be performed as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code.CommentsClose CommentsPermalink
(ii) LABOR STANDARDS- With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
(2) INDIRECT SUPPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Administration shall work to develop financial products and arrangements to both promote the widespread deployment of, and mobilize private sector support of credit and investment institutions for, clean energy technologies by facilitating aggregation of small projects and by providing indirect credit support, including credit enhancement.CommentsClose CommentsPermalink
(B) FINANCIAL PRODUCTS- The Administration--CommentsClose CommentsPermalink
(i) in cooperation with Federal, State, local, and private sector entities, shall develop debt instruments that provide for the aggregation of, or directly aggregate, projects for clean energy technology deployments on a scale appropriate for residential or commercial applications; andCommentsClose CommentsPermalink
(ii) may insure, purchase, and make commitments to purchase, any debt instrument associated with the deployment of clean energy technologies (including instruments secured by liens or other collateral related to the funding of clean energy technology) for the purposes of enhancing the availability of private financing for clean energy technology deployments.CommentsClose CommentsPermalink
(C) DISPOSITION OF DEBT OR INTEREST- The Administration may acquire, hold, and sell or otherwise dispose of, pursuant to commitments or otherwise, any debt associated with the deployment of clean energy technologies or interest in the debt.CommentsClose CommentsPermalink
(D) PRICING-CommentsClose CommentsPermalink
(i) IN GENERAL- The Administrator may establish requirements, and impose charges or fees, which may be regarded as elements of pricing, for different classes of sellers, servicers, or services.CommentsClose CommentsPermalink
(ii) CLASSIFICATION OF SELLERS AND SERVICERS- For the purpose of clause (i), the Administrator may classify sellers and servicers as necessary to promote transparency and liquidity and properly characterize the risk of default.CommentsClose CommentsPermalink
(E) ELIGIBILITY- The Administrator shall establish--CommentsClose CommentsPermalink
(i) eligibility criteria for loan originators, sellers, and servicers seeking support for portfolios of financial obligations relating to clean energy technologies so as to ensure the capability of the loan originators, sellers, and servicers to perform the functions required to maintain the expected performance of the portfolios; andCommentsClose CommentsPermalink
(ii) such criteria, standards, guidelines, and mechanisms such that, to the maximum extent practicable, loan originators and sellers will be able to determine the eligibility of loans for resale at the time of initial lending.CommentsClose CommentsPermalink
(F) SECONDARY MARKET SUPPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- The Administration may lend on the security of, and make commitments to lend on the security of, any debt that the Administration has issued or is authorized to purchase under this section.CommentsClose CommentsPermalink
(ii) AUTHORIZED ACTIONS- On such terms and conditions as the Administrator may prescribe, the Administration may, based on the debt and with the concurrence of the Board of Directors--CommentsClose CommentsPermalink
(I) give security or guarantee;CommentsClose CommentsPermalink
(II) pay interest or other return; andCommentsClose CommentsPermalink
(III) issue notes, debentures, bonds, or other obligations or securities.CommentsClose CommentsPermalink
(G) LENDING ACTIVITIES-CommentsClose CommentsPermalink
(i) IN GENERAL- The Administrator shall determine--CommentsClose CommentsPermalink
(I) the volume of the lending activities of the Administration; andCommentsClose CommentsPermalink
(II) the types of loan ratios, risk profiles, interest rates, maturities, and charges or fees in the secondary market operations of the Administration.CommentsClose CommentsPermalink
(ii) OBJECTIVES- Determinations under clause (i) shall be consistent with the objectives of--CommentsClose CommentsPermalink
(I) providing an attractive investment environment for clean energy technologies;CommentsClose CommentsPermalink
(II) making the operations of the Administration self-supporting over the long term; andCommentsClose CommentsPermalink
(III) advancing the goals established under section 104.CommentsClose CommentsPermalink
(H) EXEMPT SECURITIES- All securities issued or guaranteed by the Administration shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to principal or interest by the United States, be considered to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.CommentsClose CommentsPermalink
(b) Other Authorized Programs-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may delegate to the Administration the provision of financial services and program management for grant, loan, and other credit enhancement programs authorized under any other provision of law.CommentsClose CommentsPermalink
(2) ADMINISTRATION- In administering any other program delegated by the Secretary, the Administration shall, to the maximum extent practicable (as determined by the Administrator)--CommentsClose CommentsPermalink
(A) administer the program in a manner that is consistent with the terms and conditions of this subtitle; andCommentsClose CommentsPermalink
(B) minimize the administrative costs to the Federal Government.CommentsClose CommentsPermalink
SEC. 107. FEDERAL CREDIT AUTHORITY.
(a) Transfer of Functions and Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), on a finding by the Secretary and the Administrator that the Administration is sufficiently ready to assume the functions and that applicants to those programs will not be unduly adversely affected but in no case later than 18 months after the date of enactment of this Act, all of the functions and authority of the Secretary under title XVII of the Energy Policy Act of 2005 (
(2) FAILURE TO TRANSFER FUNCTIONS- If the functions and authorities are not transferred to the Administration in accordance with paragraph (1), the Secretary and the Administrator shall submit to Congress a report on the reasons for delay and an expected timetable for transfer of the functions and authorities to the Administration.CommentsClose CommentsPermalink
(3) EFFECT ON EXISTING RIGHTS AND OBLIGATIONS- The transfer of functions and authority under this subsection shall not affect the rights and obligations of any party that arise under a predecessor program or authority prior to the transfer under this subsection.CommentsClose CommentsPermalink
(4) TRANSFER OF FUND AUTHORITY-CommentsClose CommentsPermalink
(A) IN GENERAL- On transfer of functions pursuant to paragraph (1), the Administration shall have all authorities to make use of the Fund reserved for the Secretary before the transfer.CommentsClose CommentsPermalink
(B) ADMINISTRATIVE EXPENSES- Effective beginning on the date of enactment of this Act, the Administrator may make use of up to 1.5 percent of the amounts in the Fund as of the beginning of each fiscal year to pay administrative expenses for that fiscal year to carry out the purposes of this Act.CommentsClose CommentsPermalink
(5) USE-CommentsClose CommentsPermalink
(A) IN GENERAL- Amounts in the Fund shall be available for discharge of liabilities and all other expenses of the Administration, including subsequent transfer to the respective credit accounts.CommentsClose CommentsPermalink
(B) LIABILITY- All activities of the Administration that could result in a liability for the United States shall be transparently accounted for and no obligation or liability may be incurred unless--CommentsClose CommentsPermalink
(i) the appropriate amounts are transferred to credit accounts for activities pursuant to the Federal Credit Reform Act of 1990 (
(ii) sufficient amounts are reserved within the Fund to account for such liabilities.CommentsClose CommentsPermalink
(6) INITIAL INVESTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- On transfer of functions pursuant to paragraph (1), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Fund to carry out this subtitle $10,000,000,000, to remain available until expended.CommentsClose CommentsPermalink
(B) RECEIPT AND ACCEPTANCE- The Fund shall be entitled to receive and shall accept, and shall be used to carry out this subtitle, the funds transferred to the Fund under subparagraph (A), without further appropriation.CommentsClose CommentsPermalink
(7) AUTHORIZATION OF APPROPRIATIONS- In addition to funds made available by paragraphs (1) through (6), there are authorized to be appropriated to the Fund such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
(b) Payments of Liabilities-CommentsClose CommentsPermalink
(1) IN GENERAL- Any payment to discharge liabilities arising from agreements under this subtitle shall be made exclusively out of the Fund or the associated credit account, as appropriate.CommentsClose CommentsPermalink
(2) SECURITY- Subject to paragraph (1), the full faith and credit of the United States is pledged to the payment of all obligations entered into by the Administration pursuant to this subtitle.CommentsClose CommentsPermalink
(c) Fees-CommentsClose CommentsPermalink
(1) IN GENERAL- Consistent with achieving the purposes of this subtitle, the Administrator shall charge fees or collect compensation generally in accordance with commercial rates.CommentsClose CommentsPermalink
(2) AVAILABILITY OF FEES- All fees collected by the Administration may be retained by the Administration and placed in the Fund and may remain available to the Administration, without further appropriation or fiscal year limitation, for use in carrying out the purposes of this subtitle.CommentsClose CommentsPermalink
(3) BREAKTHROUGH TECHNOLOGIES- The Administration shall charge the minimum amount in fees or compensation practicable for breakthrough technologies, consistent with the long-term viability of the Administration, unless the Administration first determines that a higher charge will not impede the development of the technology.CommentsClose CommentsPermalink
(4) ALTERNATIVE FEE ARRANGEMENTS- The Administration may use such alternative arrangements (such as profit participation, contingent fees, and other valuable contingent interests) as the Administration considers appropriate to compensate the Administration for the expenses of the Administration and the risk inherent in the support of the Administration.CommentsClose CommentsPermalink
(d) Cost Transfer Authority- Amounts collected by the Administration for the cost of a loan or loan guarantee shall be transferred by the Administration to the respective credit program accounts.CommentsClose CommentsPermalink
(e) Supplemental Borrowing Authority- In order to maintain sufficient liquidity for activities authorized under section 106(a)(2), the Administration may issue notes, debentures, bonds, or other obligations for purchase by the Secretary of the Treasury.CommentsClose CommentsPermalink
(f) Public Debt Transactions- For the purpose of subsection (e)--CommentsClose CommentsPermalink
(1) the Secretary of the Treasury may use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31, United States Code; andCommentsClose CommentsPermalink
(2) the purposes for which securities may be issued under that chapter are extended to include any purchase under this subsection.CommentsClose CommentsPermalink
(g) Maximum Outstanding Holding- The Secretary of the Treasury shall purchase instruments issued under subsection (e) to the extent that the purchase would not increase the aggregate principal amount of the outstanding holdings of obligations under subsection (e) by the Secretary of the Treasury to an amount that is greater than $2,000,000,000.CommentsClose CommentsPermalink
(h) Rate of Return- Each purchase of obligations by the Secretary of the Treasury under this section shall be on terms and conditions established to yield a rate of return determined by the Secretary of the Treasury to be appropriate, taking into account the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the purchase.CommentsClose CommentsPermalink
(i) Sale of Obligations- The Secretary of the Treasury may at any time sell, on terms and conditions and at prices determined by the Secretary of the Treasury, any of the obligations acquired by the Secretary of the Treasury under this section.CommentsClose CommentsPermalink
(j) Public Debt Transactions- All redemptions, purchases, and sales by the Secretary of the Treasury of obligations under this section shall be treated as public debt transactions of the United States.CommentsClose CommentsPermalink
SEC. 108. GENERAL PROVISIONS.
(a) Immunity From Impairment, Limitation, or Restriction-CommentsClose CommentsPermalink
(1) IN GENERAL- All rights and remedies of the Administration (including any rights and remedies of the Administration on, under, or with respect to any mortgage or any obligation secured by a mortgage) shall be immune from impairment, limitation, or restriction by or under--CommentsClose CommentsPermalink
(A) any law (other than a law enacted by Congress expressly in limitation of this paragraph) that becomes effective after the acquisition by the Administration of the subject or property on, under, or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law; orCommentsClose CommentsPermalink
(B) any administrative or other action that becomes effective after the acquisition.CommentsClose CommentsPermalink
(2) STATE LAW- The Administrator may conduct the business of the Administration without regard to any qualification or law of any State relating to incorporation.CommentsClose CommentsPermalink
(b) Use of Other Agencies- With the consent of a department, establishment, or instrumentality (including any field office), the Administration may--CommentsClose CommentsPermalink
(1) use and act through any department, establishment, or instrumentality; orCommentsClose CommentsPermalink
(2) use, and pay compensation for, information, services, facilities, and personnel of the department, establishment, or instrumentality.CommentsClose CommentsPermalink
(c) Procurement- The Administrator shall be the senior procurement officer for the Administration for purposes of section 16(a) of the Office of Federal Procurement Policy Act (
(d) Financial Matters-CommentsClose CommentsPermalink
(1) INVESTMENTS- Funds of the Administration may be invested in such investments as the Board of Directors may prescribe.CommentsClose CommentsPermalink
(2) FISCAL AGENTS- Any Federal Reserve bank or any bank as to which at the time of the designation of the bank by the Administrator there is outstanding a designation by the Secretary of the Treasury as a general or other depository of public money, may be designated by the Administrator as a depositary or custodian or as a fiscal or other agent of the Administration.CommentsClose CommentsPermalink
(e) Jurisdiction- Notwithstanding
(1) the Administration shall be considered a corporation covered by sections 1345 and 1442 of title 28, United States Code;CommentsClose CommentsPermalink
(2) all civil actions to which the Administration is a party shall be considered to arise under the laws of the United States, and the district courts of the United States shall have original jurisdiction of all such actions, without regard to amount or value; andCommentsClose CommentsPermalink
(3) any civil or other action, case or controversy in a court of a State, or in any court other than a district court of the United States, to which the Administration is a party may at any time before trial be removed by the Administration, without the giving of any bond or security and by following any procedure for removal of causes in effect at the time of the removal--CommentsClose CommentsPermalink
(A) to the district court of the United States for the district and division embracing the place in which the same is pending; orCommentsClose CommentsPermalink
(B) if there is no such district court, to the district court of the United States for the district in which the principal office of the Administration is located.CommentsClose CommentsPermalink
(f) Periodic Reports- Not later than 1 year after commencement of operation of the Administration and at least biannually thereafter, the Administrator 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 includes a description of--CommentsClose CommentsPermalink
(1) the technologies supported by activities of the Administration and how the activities advance the purposes of this subtitle; andCommentsClose CommentsPermalink
(2) the performance of the Administration on meeting the goals established under section 104.CommentsClose CommentsPermalink
(g) Audits by the Comptroller General-CommentsClose CommentsPermalink
(1) IN GENERAL- The programs, activities, receipts, expenditures, and financial transactions of the Administration shall be subject to audit by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General.CommentsClose CommentsPermalink
(2) ACCESS- The representatives of the Government Accountability Office shall--CommentsClose CommentsPermalink
(A) have access to the personnel and to all books, accounts, documents, records (including electronic records), reports, files, and all other papers, automated data, things, or property belonging to, under the control of, or in use by the Administration, or any agent, representative, attorney, advisor, or consultant retained by the Administration, and necessary to facilitate the audit;CommentsClose CommentsPermalink
(B) be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians;CommentsClose CommentsPermalink
(C) be authorized to obtain and duplicate any such books, accounts, documents, records, working papers, automated data and files, or other information relevant to the audit without cost to the Comptroller General; andCommentsClose CommentsPermalink
(D) have the right of access of the Comptroller General to such information pursuant to
(3) ASSISTANCE AND COST-CommentsClose CommentsPermalink
(A) IN GENERAL- For the purpose of conducting an audit under this subsection, the Comptroller General may, in the discretion of the Comptroller General, employ by contract, without regard to section 3709 of the Revised Statutes (
(B) REIMBURSEMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- On the request of the Comptroller General, the Administration shall reimburse the General Accountability Office for the full cost of any audit conducted by the Comptroller General under this subsection.CommentsClose CommentsPermalink
(ii) CREDITING- Such reimbursements shall--CommentsClose CommentsPermalink
(I) be credited to the appropriation account entitled ‘Salaries and Expenses, Government Accountability Office’ at the time at which the payment is received; andCommentsClose CommentsPermalink
(II) remain available until expended.CommentsClose CommentsPermalink
(h) Annual Independent Audits-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall--CommentsClose CommentsPermalink
(A) have an annual independent audit made of the financial statements of the Administration by an independent public accountant in accordance with generally accepted auditing standards; andCommentsClose CommentsPermalink
(B) submit to the Secretary the results of the audit.CommentsClose CommentsPermalink
(2) CONTENT- In conducting an audit under this subsection, the independent public accountant shall determine and report on whether the financial statements of the Administration--CommentsClose CommentsPermalink
(A) are presented fairly in accordance with generally accepted accounting principles; andCommentsClose CommentsPermalink
(B) comply with any disclosure requirements imposed under this subtitle.CommentsClose CommentsPermalink
(i) Financial Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall submit to the Secretary annual and quarterly reports of the financial condition and operations of the Administration, which shall be in such form, contain such information, and be submitted on such dates as the Secretary shall require.CommentsClose CommentsPermalink
(2) CONTENTS OF ANNUAL REPORTS- Each annual report shall include--CommentsClose CommentsPermalink
(A) financial statements prepared in accordance with generally accepted accounting principles;CommentsClose CommentsPermalink
(B) any supplemental information or alternative presentation that the Secretary may require; andCommentsClose CommentsPermalink
(C) an assessment (as of the end of the most recent fiscal year of the Administration), signed by the chief executive officer and chief accounting or financial officer of the Administration, of--CommentsClose CommentsPermalink
(i) the effectiveness of the internal control structure and procedures of the Administration; andCommentsClose CommentsPermalink
(ii) the compliance of the Administration with applicable safety and soundness laws.CommentsClose CommentsPermalink
(3) SPECIAL REPORTS- The Secretary may require the Administrator to submit other reports on the condition (including financial condition), management, activities, or operations of the Administration, as the Secretary considers appropriate.CommentsClose CommentsPermalink
(4) ACCURACY- Each report of financial condition shall contain a declaration by the Administrator or any other officer designated by the Board of Directors of the Administration to make the declaration, that the report is true and correct to the best of the knowledge and belief of the officer.CommentsClose CommentsPermalink
(5) AVAILABILITY OF REPORTS- Reports required under this section shall be published and made publicly available as soon as is practicable after receipt by the Secretary.CommentsClose CommentsPermalink
(j) Scope and Termination of Authority-CommentsClose CommentsPermalink
(1) NEW OBLIGATIONS- The Administrator shall not initiate any new obligations under this subtitle on or after January 1, 2029.CommentsClose CommentsPermalink
(2) REVERSION TO SECRETARY- The authorities and obligations of the Administration shall revert to the Secretary on January 1, 2029.CommentsClose CommentsPermalink
Subtitle B--Improved Transmission SitingCommentsClose CommentsPermalink
Subtitle B--Improved Transmission SitingCommentsClose CommentsPermalink
SEC. 121. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
Section 216 of the Federal Power Act (
‘SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
‘(a) Policy- It is the policy of the United States that the national interstate transmission system should be guided by the goal of maximizing the net benefits of the electricity system, taking into consideration--CommentsClose CommentsPermalink
‘(1) support for the development of new renewable energy generation capacity, including renewable energy generation located distant from load centers and other location-constrained resources;CommentsClose CommentsPermalink
‘(2) opportunities for reduced emissions from regional power production;CommentsClose CommentsPermalink
‘(3) cost savings resulting from--CommentsClose CommentsPermalink
‘(A) reduced transmission congestion;CommentsClose CommentsPermalink
‘(B) enhanced opportunities for intraregional and interregional electricity trades;CommentsClose CommentsPermalink
‘(C) reduced line losses;CommentsClose CommentsPermalink
‘(D) generation resource-sharing; andCommentsClose CommentsPermalink
‘(E) enhanced fuel diversity;CommentsClose CommentsPermalink
‘(4) reliability benefits, including satisfying reliability standards and guidelines for resource adequacy and system security;CommentsClose CommentsPermalink
‘(5) diversification of risk relating to events affecting fuel supply or generating resources in a particular region;CommentsClose CommentsPermalink
‘(6) the enhancement of competition in electricity markets and mitigation of market power;CommentsClose CommentsPermalink
‘(7) the ability to collocate facilities on existing rights-of-way;CommentsClose CommentsPermalink
‘(8) competing land use priorities, including land protected under Federal or State law;CommentsClose CommentsPermalink
‘(9) the requirements of section 217(b)(4); andCommentsClose CommentsPermalink
‘(10) the contribution of demand side management (including energy efficiency and demand response), energy storage, distributed generation resources, and smart grid investments.CommentsClose CommentsPermalink
‘(b) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) HIGH-PRIORITY NATIONAL TRANSMISSION PROJECT- The term ‘high-priority national transmission project’ means an overhead or underground transmission facility, consisting of conductors or cables, towers, manhole duct systems, phase shifting transformers, reactors, capacitors, and any ancillary facilities and equipment necessary for the proper operation of the facility, that--CommentsClose CommentsPermalink
‘(A)(i) operates at or above a voltage of--CommentsClose CommentsPermalink
‘(I) 345 kilovolts alternating current; orCommentsClose CommentsPermalink
‘(II) 300 kilovolts direct current;CommentsClose CommentsPermalink
‘(ii) is a very high current conductor or superconducting cable that operates at or above a power equivalent to the power of a conventional transmission cable operating at or above 345 kilovolts alternating current or 300 kilovolts direct current; orCommentsClose CommentsPermalink
‘(iii) is a renewable feeder line that transmits electricity directly to a transmission facility under clause (i) or (ii); andCommentsClose CommentsPermalink
‘(B) is included in a regional plan pursuant to subsection (c).CommentsClose CommentsPermalink
‘(2) INDIAN LAND- The term ‘Indian land’ means land--CommentsClose CommentsPermalink
‘(A) the title to which is held by the United States in trust for an Indian tribe or individual Indian; orCommentsClose CommentsPermalink
‘(B) that is held by an Indian tribe or individual Indian subject to a restriction by the United States against alienation or encumbrance.CommentsClose CommentsPermalink
‘(3) INDIAN TRIBE- The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (
43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink‘(4) LOAD-SERVING ENTITY- Except as otherwise provided in this section, the term ‘load-serving entity’ means any person, Federal, State, or local agency or instrumentality, or electric cooperative that delivers electric energy to end-use customers.CommentsClose CommentsPermalink
‘(5) LOCATION-CONSTRAINED RESOURCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘location-constrained resource’ means a low-carbon resource used to produce electricity that is geographically constrained such that the resource cannot be relocated to an existing transmission line.CommentsClose CommentsPermalink
‘(B) INCLUSIONS- The term ‘location-constrained resource’ includes the following types of resources described in subparagraph (A):CommentsClose CommentsPermalink
‘(i) Renewable energy, including offshore resources.CommentsClose CommentsPermalink
‘(ii) A fossil fuel electricity plant equipped with carbon capture technology that is located at a site that is appropriate for carbon storage or beneficial reuse.CommentsClose CommentsPermalink
‘(6) RENEWABLE ENERGY- The term ‘renewable energy’ means electric energy generated from--CommentsClose CommentsPermalink
‘(A) solar energy;CommentsClose CommentsPermalink
‘(B) wind energy;CommentsClose CommentsPermalink
‘(C) marine and hydrokinetic renewable energy;CommentsClose CommentsPermalink
‘(D) geothermal energy;CommentsClose CommentsPermalink
‘(E) hydropower;CommentsClose CommentsPermalink
‘(F) biomass; orCommentsClose CommentsPermalink
‘(G) landfill gas.CommentsClose CommentsPermalink
‘(7) RENEWABLE FEEDER LINE- The term ‘renewable feeder line’ means a transmission line that--CommentsClose CommentsPermalink
‘(A) operates at a voltage of 100 kilovolts or greater; andCommentsClose CommentsPermalink
‘(B) is identified in the applicable Interconnection-wide transmission plan or by the Commission as a facility that is to be developed to facilitate collection of electric energy produced by renewable energy.CommentsClose CommentsPermalink
‘(8) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
‘(c) Plans for National Interstate Transmission System-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Commission shall coordinate regional planning to ensure that regional plans are integrated into an Interconnection-wide transmission plan with respect to high-priority national transmission projects, that achieves the policy established under subsection (a).CommentsClose CommentsPermalink
‘(2) PLANNING PRINCIPLES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date of enactment of the American Clean Energy Leadership Act of 2009, the Commission shall issue, by rule, after notice and opportunity for comment, national electricity grid planning principles pursuant to the policy established under subsection (a).CommentsClose CommentsPermalink
‘(B) CONTENT- The principles shall--CommentsClose CommentsPermalink
‘(i) address how the utilities should fully incorporate consideration of the need for high-priority national transmission projects into planning efforts;CommentsClose CommentsPermalink
‘(ii) address how the utilities should coordinate with each other, States, Indian tribes, and other planning efforts in the applicable Interconnection to effectively develop an Interconnection-wide analysis to identify needed additions or modifications to high-priority national transmission projects, with particular attention to identifying needs that can be most efficiently and effectively addressed with high-priority national transmission projects that cross multiple utilities, Regional Transmission Organizations, or Independent System Operators;CommentsClose CommentsPermalink
‘(iii)(I) address alternatives to high-priority national transmission projects, based on the factors described in subparagraph (C)(iii); andCommentsClose CommentsPermalink
‘(II) determine whether alternative investments can provide a more expedient means of improving electricity system capacity or reliability or reduced costs for end-users; andCommentsClose CommentsPermalink
‘(iv) include mechanisms for soliciting input from the Secretary, Federal transmitting utilities, the Secretary of the Interior, States, Indian tribes, electric reliability organizations, regional entities, entities described in section 201(f), generators, load-serving entities, other interested parties, and the public.CommentsClose CommentsPermalink
‘(C) FACTORS- Plans for the development and improvement of high-priority national transmission projects into a national high-capacity transmission grid shall take into consideration--CommentsClose CommentsPermalink
‘(i) the location of load centers;CommentsClose CommentsPermalink
‘(ii) the location of generation and potential generation development, including location-constrained resources;CommentsClose CommentsPermalink
‘(iii) existing and potential demand side management (including energy efficiency and demand response), energy storage, distributed generation resources, and smart grid investments;CommentsClose CommentsPermalink
‘(iv) the plans of Regional Transmission Organizations, Independent System Operators, State authorities, Indian tribes, transmission owners, load-serving entities, and others in the region;CommentsClose CommentsPermalink
‘(v) the needs and long-term rights described in section 217(b); andCommentsClose CommentsPermalink
‘(vi) costs to consumers of high priority national transmission projects, including considering the cost of reasonable alternatives.CommentsClose CommentsPermalink
‘(3) SUBMISSION OF PLANS-CommentsClose CommentsPermalink
‘(A) IN GENERAL-CommentsClose CommentsPermalink
‘(i) IN GENERAL- One or more public utilities, transmitting utilities, Regional Transmission Organizations, Independent System Operators, regional entities (as defined in section 215(a)), or other multistate organizations or entities (including entities described in section 201(f)) may develop a regional plan relating to 1 or more high-priority national transmission projects that is consistent with the planning principles established by the Commission.CommentsClose CommentsPermalink
‘(ii) OTHER PLANS-CommentsClose CommentsPermalink
‘(I) IN GENERAL- Any public utility or transmitting utility that does not participate in 1 of the regional plans developed under clause (i) shall develop its own plan relating to any high priority national transmission project planned for the system of the utility.CommentsClose CommentsPermalink
‘(II) PLANNING PRINCIPLES- The plan shall be consistent with the planning principles established by the Commission.CommentsClose CommentsPermalink
‘(iii) TIMING- Any plan developed under clause (i) or (ii) shall be submitted to the Commission--CommentsClose CommentsPermalink
‘(I) as soon as practicable, but not later than 2 years, after the date of enactment of the American Clean Energy Leadership Act of 2009; andCommentsClose CommentsPermalink
‘(II) periodically thereafter as prescribed by the Commission.CommentsClose CommentsPermalink
‘(B) COORDINATION-CommentsClose CommentsPermalink
‘(i) JOINT SUBMISSIONS- The requirements of subparagraph (A) may be satisfied by a joint submission.CommentsClose CommentsPermalink
‘(ii) SINGLE INTERCONNECTION-WIDE PLAN- The Commission shall encourage coordination that would permit submission of a single Interconnection-wide plan for high priority national transmission projects.CommentsClose CommentsPermalink
‘(C) MODIFICATIONS- The Commission may require modification of a submitted plan to the extent that the Commission determines that the modification is necessary--CommentsClose CommentsPermalink
‘(i) to reconcile inconsistencies between plans submitted; orCommentsClose CommentsPermalink
‘(ii) to achieve the policy goals established under subsection (a).CommentsClose CommentsPermalink
‘(4) APPLICABILITY- The transmission planning principles and requirements of this subsection shall apply to each transmission owner and transmission planning entity in the United States portion of the Eastern and Western Interconnections, including an entity described in section 201(f).CommentsClose CommentsPermalink
‘(d) Siting-CommentsClose CommentsPermalink
‘(1) PURPOSES- The purpose of this subsection is to ensure that high-priority national transmission projects are in the public interest and advance the policy established under subsection (a).CommentsClose CommentsPermalink
‘(2) DESIGNATION OF ELIGIBILITY- The Commission may grant an applicant that submits an application for a proposed project a designation of eligibility for consideration under this subsection if the Commission finds that the proposed project is a high-priority national transmission project.CommentsClose CommentsPermalink
‘(3) STATE REVIEW OF PROJECT SITING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- No developer of a high-priority national transmission project may seek a certificate for construction under subsection (e) unless the developer first seeks authorization to construct the high-priority national transmission project under applicable State law concerning authorization and routing of transmission facilities.CommentsClose CommentsPermalink
‘(B) FEDERAL AUTHORITY- The Commission may authorize, in accordance with subsection (e), construction of a high-priority national transmission project that the Commission finds to be in the public interest and in accordance with this section if a State--CommentsClose CommentsPermalink
‘(i) fails to approve construction and authorize routing of a high-priority national transmission project not later than 1 year after the date the applicant submits a completed application for authorization to the State;CommentsClose CommentsPermalink
‘(ii) rejects the application for a high-priority national transmission project; orCommentsClose CommentsPermalink
‘(iii) authorizes the high-priority national transmission project subject to conditions that unreasonably interfere with the development of a high-priority national transmission project contrary to the purposes of this section.CommentsClose CommentsPermalink
‘(e) Construction-CommentsClose CommentsPermalink
‘(1) APPLICATION FOR CERTIFICATE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An applicant for a high-priority national transmission project may apply to the Commission for a certificate of public convenience and necessity with respect to construction of the high-priority national transmission project within a State affected by the high-priority national transmission project if the State--CommentsClose CommentsPermalink
‘(i) fails to authorize construction of the high-priority national transmission project under State law not later than 1 year after the date the developer submits a completed application for authorization to the State;CommentsClose CommentsPermalink
‘(ii) rejects the application for the high-priority national transmission project; orCommentsClose CommentsPermalink
‘(iii) authorizes the high-priority national transmission project subject to conditions that unreasonably interfere with the development of a high-priority national transmission project contrary to the purposes of this section.CommentsClose CommentsPermalink
‘(B) FORM- The application for a certificate shall be made in writing in such form and containing such information as the Commission may by regulation require.CommentsClose CommentsPermalink
‘(C) HEARING- On receipt of an application under this paragraph, the Commission--CommentsClose CommentsPermalink
‘(i) shall provide notice to interested persons and opportunity for hearing; andCommentsClose CommentsPermalink
‘(ii) may approve (with or without conditions) or disapprove the application, in accordance with paragraph (2).CommentsClose CommentsPermalink
‘(2) GRANT OF CERTIFICATE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A certificate shall be issued to a qualified applicant for a certificate authorizing the whole or partial operation, construction, acquisition, or modification covered by the application, only if the Commission determines that--CommentsClose CommentsPermalink
‘(i) the applicant is able and willing--CommentsClose CommentsPermalink
‘(I) to do the acts and to perform the service proposed; andCommentsClose CommentsPermalink
‘(II) to comply with this Act (including regulations); andCommentsClose CommentsPermalink
‘(ii) the proposed operation, construction, acquisition, or modification, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity.CommentsClose CommentsPermalink
‘(B) TERMS AND CONDITIONS- The Commission shall have the power to attach to the issuance of a certificate under this paragraph and to the exercise of the rights granted under the certificate such reasonable terms and conditions as the public convenience and necessity may require.CommentsClose CommentsPermalink
‘(C) USE OF STATE WORK- If 1 or more States reject or fail to act on a high-priority national transmission project and the Commission has siting authority for the high-priority national transmission project under this section, the Commission shall give due weight to--CommentsClose CommentsPermalink
‘(i) the environmental record and results of the siting process of a State that did complete the siting process of the State under this section; andCommentsClose CommentsPermalink
‘(ii) the information that had been submitted by an applicant to the State under this section.CommentsClose CommentsPermalink
‘(D) EVALUATION OF ABILITIES OF APPLICANT-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In evaluating the ability of an applicant described in subparagraph (A)(i), the Commission shall consider whether the financial and technical capabilities of the applicant are adequate to support construction and operation of the high-priority national transmission project proposed in the application.CommentsClose CommentsPermalink
‘(ii) JOINT OWNERSHIP PROJECTS- In evaluating applications under paragraph (1), the Commission shall consider benefits from the greater diversification of financial risk inherent in the applications involving joint ownership projects by multiple load-serving entities.CommentsClose CommentsPermalink
‘(E) PUBLIC CONVENIENCE AND NECESSITY- In making a determination with respect to public convenience and necessity described in subparagraph (A)(ii), the Commission shall--CommentsClose CommentsPermalink
‘(i) consider whether the facilities covered by an application are included in an Interconnection-wide transmission grid plan for a high-priority national transmission project developed pursuant to subsection (c); andCommentsClose CommentsPermalink
‘(ii) determine whether the facilities covered by the application are in the public interest.CommentsClose CommentsPermalink
‘(3) RIGHT OF EMINENT DOMAIN- If any holder of a certificate issued under paragraph (2) cannot acquire by contract, or is unable to agree with the owner of property on the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain the high-priority national transmission project to which the certificate relates, and the necessary land or other property necessary to the proper operation of the high-priority national transmission project, the holder may acquire the right-of-way by the exercise of the right of eminent domain in--CommentsClose CommentsPermalink
‘(A) the United States district court for the district in which the property is located; orCommentsClose CommentsPermalink
‘(B) a State court.CommentsClose CommentsPermalink
‘(4) STATE AND TRIBAL RECOMMENDATIONS- In granting a certificate under paragraph (2), the Commission shall--CommentsClose CommentsPermalink
‘(A) permit State regulatory agencies and affected Indian tribes to recommend mitigation measures, based on habitat protection, environmental considerations, or cultural site protection; andCommentsClose CommentsPermalink
‘(B)(i) incorporate those identified mitigation measures as conditions on the certificate; orCommentsClose CommentsPermalink
‘(ii) if the Commission determines that a recommended mitigation measure is inconsistent with the purposes of this section, infeasible, or not cost-effective--CommentsClose CommentsPermalink
‘(I) consult with State regulatory agencies and affected Indian tribes to seek to resolve the issue;CommentsClose CommentsPermalink
‘(II) incorporate as conditions on the certificate such recommended mitigation measures as are determined to be appropriate by the Commission, based on consultation by the Commission with State regulatory agencies and affected Indian tribes, the purposes of this section, and the record before the Commission; andCommentsClose CommentsPermalink
‘(III) if, after consultation, the Commission does not adopt in whole or in part a recommendation of an agency or affected Indian tribe, publish a statement of a finding that the adoption of the recommendation is infeasible, not cost-effective, or inconsistent with this section or other applicable provisions of law.CommentsClose CommentsPermalink
‘(5) STATE OR LOCAL AUTHORIZATIONS- An applicant receiving a certificate under this subsection with respect to construction or modification of a high-priority national transmission project in a State shall not require a separate siting authorization from the State or any local authority within the State.CommentsClose CommentsPermalink
‘(6) RIGHTS-OF-WAY OVER INDIAN LAND- Notwithstanding paragraph (3), in the case of siting, construction, operation, and maintenance of a transmission facility to be located on or over Indian land, a certificate holder under this section shall comply with the requirements of Federal law for obtaining rights-of-way on or over Indian land.CommentsClose CommentsPermalink
‘(f) Coordination of Federal Authorizations for Transmission Facilities-CommentsClose CommentsPermalink
‘(1) DEFINITION OF FEDERAL AUTHORIZATION- In this subsection, the term ‘Federal authorization’ means any authorization required under Federal law in order to site a transmission facility on Federal land, including such permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law in order to site a transmission facility.CommentsClose CommentsPermalink
‘(2) LEAD AGENCY- If a Federal authorization for a high-priority national transmission project involves land under the jurisdiction of the Department of the Interior and any other Federal agency, the Secretary of the Interior shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews.CommentsClose CommentsPermalink
‘(3) COORDINATION- To the maximum extent practicable under applicable Federal law, the Secretary of the Interior shall coordinate the Federal authorization and review process under this subsection with the Commission, and with any Indian tribes, multistate entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions.CommentsClose CommentsPermalink
‘(4) MILESTONES AND DEADLINES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- As the lead agency, the Secretary of the Interior, in consultation with the Commission and any other agency responsible for Federal authorizations and, as appropriate, with Indian tribes, multistate entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of, and Federal authorization decisions relating to, the proposed high-priority national transmission project.CommentsClose CommentsPermalink
‘(B) DEADLINE- The Secretary of the Interior shall ensure that, once an application has been submitted with such data as the Commission and the Secretaries with jurisdiction over the affected land consider necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed not later than 1 year after the date of submission.CommentsClose CommentsPermalink
‘(C) PREAPPLICATION INFORMATION- The Secretary of the Interior, in consultation with the Commission, shall provide an expeditious preapplication mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant not later than 60 days after the prospective applicant submits a request for such information concerning--CommentsClose CommentsPermalink
‘(i) the likelihood of approval for a potential facility; andCommentsClose CommentsPermalink
‘(ii) key issues of concern to the agencies and public.CommentsClose CommentsPermalink
‘(5) ENVIRONMENTAL REVIEW DOCUMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- As lead agency, the Secretary of the Interior, in consultation with the Commission and any affected agency, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed high-priority national transmission project under Federal law.CommentsClose CommentsPermalink
‘(B) STREAMLINING- The Secretary of the Interior and the Secretary of Agriculture, in consultation with the Commission, shall streamline the review and permitting of transmission within corridors designated under section 503 of the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1763 ) or section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926 ) by fully taking into account prior analyses and decisions relating to the corridors.CommentsClose CommentsPermalink‘(C) COMMENTS- If the high-priority national transmission project includes Federal land that is not under the jurisdiction of the Department of the Interior, the document shall include comments made by the Secretary with jurisdiction over the affected land on matters necessary for the protection of the land or required under applicable law.CommentsClose CommentsPermalink
‘(6) ISSUANCE OR DENIAL OF AUTHORIZATION BY PRESIDENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to paragraph (7), if any agency has denied a Federal authorization required for a transmission facility within an energy right-of-way corridor on Federal land designated pursuant to section 368 of the Energy Policy Act of 2005 (
42 U.S.C. 15926 ), or has failed to act by the deadline established by the Secretary of the Interior pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the President, who shall, in consultation with the affected agency, review the denial or failure to take action on the pending application.CommentsClose CommentsPermalink‘(B) OPTIONS- Based on the overall record and in consultation with the affected agency, the President may--CommentsClose CommentsPermalink
‘(i) issue the necessary authorization with any appropriate conditions; orCommentsClose CommentsPermalink
‘(ii) deny the application.CommentsClose CommentsPermalink
‘(C) DEADLINE- The President shall issue a decision not later than 90 days after the date of the filing of the appeal.CommentsClose CommentsPermalink
‘(D) FEDERAL REQUIREMENTS- In making a decision under this paragraph, the President shall comply with applicable requirements of Federal law, including any requirements of--CommentsClose CommentsPermalink
‘(i) the National Forest Management Act of 1976 (
16 U.S.C. 1600 et seq.);CommentsClose CommentsPermalink‘(ii) the Endangered Species Act of 1973 (
16 U.S.C. 1531 et seq.);CommentsClose CommentsPermalink‘(iii) the Federal Water Pollution Control Act (
33 U.S.C. 1251 et seq.);CommentsClose CommentsPermalink‘(iv) the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink‘(v) the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink‘(7) ISSUANCE OR DENIAL OF AUTHORIZATION BY PRESIDENT- Paragraph (6) shall not apply to--CommentsClose CommentsPermalink
‘(A) a unit of the National Park System;CommentsClose CommentsPermalink
‘(B) a unit of the National Wildlife Refuge System;CommentsClose CommentsPermalink
‘(C) a component of the National Wild and Scenic Rivers System;CommentsClose CommentsPermalink
‘(D) a component of the National Trails System;CommentsClose CommentsPermalink
‘(E) a component of the National Wilderness Preservation System;CommentsClose CommentsPermalink
‘(F) a National Monument;CommentsClose CommentsPermalink
‘(G) any part of the National Landscape Conservation System;CommentsClose CommentsPermalink
‘(H) a National Preserve;CommentsClose CommentsPermalink
‘(I) a National Scenic Area; orCommentsClose CommentsPermalink
‘(J) a National Recreation Area.CommentsClose CommentsPermalink
‘(8) ENERGY RIGHT-OF-WAY CORRIDORS ON FEDERAL LAND-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In carrying out this subsection, the Secretary with jurisdiction over the land shall, to the maximum extent practicable, use the energy right-of-way corridors designated in accordance with section 368 of the Energy Policy Act of 2005 (
42 U.S.C. 15926 ).CommentsClose CommentsPermalink‘(B) ADDITIONAL CORRIDORS- If the Secretary is unable to use an energy right-of-way corridor described in subparagraph (A), the Secretary shall establish an additional corridor in accordance with section 368(c) of the Energy Policy Act of 2005 (
42 U.S.C. 15926(c) ).CommentsClose CommentsPermalink‘(9) DURATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Each Federal land use authorization for an electricity transmission facility shall be issued--CommentsClose CommentsPermalink
‘(i) for a duration, as determined by the Secretary with jurisdiction over the land, commensurate with the anticipated use of the facility;CommentsClose CommentsPermalink
‘(ii) with appropriate authority to manage the right-of-way for reliability and environmental protection; andCommentsClose CommentsPermalink
‘(iii) consistent with the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1701 et seq.) and other applicable law.CommentsClose CommentsPermalink‘(B) RENEWAL- On the expiration of the authorization (including an authorization issued before the date of enactment of the American Clean Energy Leadership Act of 2009), the authorization shall be reviewed for renewal--CommentsClose CommentsPermalink
‘(i) taking fully into account reliance on the electricity infrastructure; andCommentsClose CommentsPermalink
‘(ii) recognizing the importance of the authorization for public health, safety, and economic welfare and as a legitimate use of Federal land.CommentsClose CommentsPermalink
‘(10) CONSULTATION- In exercising the responsibilities under this section, the Secretary of the Interior and the Commission shall consult regularly with--CommentsClose CommentsPermalink
‘(A) electric reliability organizations (including related regional entities) approved by the Commission;CommentsClose CommentsPermalink
‘(B) Transmission Organizations approved by the Commission; andCommentsClose CommentsPermalink
‘(C) transmission owners and users and other interested parties.CommentsClose CommentsPermalink
‘(11) IMPLEMENTATION-CommentsClose CommentsPermalink
‘(A) REGULATIONS- Not later than 18 months after the date of enactment of the American Clean Energy Leadership Act of 2009, the Secretary of the Interior and the Commission shall issue any regulations necessary to carry out this subsection.CommentsClose CommentsPermalink
‘(B) FEDERAL STAFF AND RESOURCES- The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the regulations and memorandum required under this paragraph.CommentsClose CommentsPermalink
‘(g) Evaluation and Recommendations- The Commission shall--CommentsClose CommentsPermalink
‘(1) periodically evaluate whether high-priority national transmission projects are being constructed in accordance with the Interconnection-wide transmission grid plan for high-priority national transmission projects for both the Western and Eastern Interconnection areas;CommentsClose CommentsPermalink
‘(2) take any necessary actions, pursuant to applicable law, to address any identified obstacles to investment, siting, and construction of high-priority national transmission projects identified as needed under an Interconnection-wide plan; andCommentsClose CommentsPermalink
‘(3) not later than 2 years after the date of enactment of the American Clean Energy Leadership Act of 2009, submit to Congress recommendations for any further actions or authority needed to ensure the effective and timely development of--CommentsClose CommentsPermalink
‘(A) high-priority national transmission projects; andCommentsClose CommentsPermalink
‘(B) transmission projects to access regional and offshore renewable energy generation.CommentsClose CommentsPermalink
‘(h) Report of Secretary- Not later than 2 years after the date of enactment of the American Clean Energy Leadership Act of 2009, the Secretary shall submit to Congress recommendations for any further actions or authority needed to ensure the effective and timely development of--CommentsClose CommentsPermalink
‘(1) demand response;CommentsClose CommentsPermalink
‘(2) energy storage;CommentsClose CommentsPermalink
‘(3) distributed generation;CommentsClose CommentsPermalink
‘(4) energy efficiency; andCommentsClose CommentsPermalink
‘(5) other areas necessary to carry out the policy established under subsection (a).CommentsClose CommentsPermalink
‘(i) Cost Allocation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 270 days after the date of enactment of the American Clean Energy Leadership Act of 2009, the Commission--CommentsClose CommentsPermalink
‘(A) shall establish by rule an appropriate methodology for allocation of the costs of high-priority national transmission projects, subject to the requirement that any cost allocation methodology, and any rates affected by the cost allocation methodology, shall be just, reasonable, and not unduly discriminatory or preferential;CommentsClose CommentsPermalink
‘(B) may permit allocation of costs for high-priority national transmission projects to load-serving entities within all or a part of a region, except that costs shall not be allocated to a region, or subregion, unless the costs are reasonably proportionate to measurable economic and reliability benefits;CommentsClose CommentsPermalink
‘(C) may permit allocation of costs to generators of electricity connected by a high-priority national transmission project; andCommentsClose CommentsPermalink
‘(D) shall provide for due deference to cost allocation proposals supported by broad agreement among affected States.CommentsClose CommentsPermalink
‘(2) MECHANISM FOR COLLECTION OF COSTS- The Commission shall adopt such rules and require inclusion of such provisions in transmission tariffs as are required to provide for--CommentsClose CommentsPermalink
‘(A) the efficient collection of allocated costs for development and operation of high-priority national transmission projects; andCommentsClose CommentsPermalink
‘(B) the distribution of those revenues to owners of the high-priority national transmission projects.CommentsClose CommentsPermalink
‘(j) Relationship to Other Laws-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as specifically provided in this section, nothing in this section affects any requirement of an environmental or historic preservation law of the United States, including--CommentsClose CommentsPermalink
‘(A) the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.);CommentsClose CommentsPermalink‘(B) the Wilderness Act (
16 U.S.C. 1131 et seq.); orCommentsClose CommentsPermalink‘(C) the National Historic Preservation Act (
16 U.S.C. 470 et seq.).CommentsClose CommentsPermalink‘(2) STATE LAW- Nothing in this section precludes any person from constructing or modifying any transmission facility in accordance with State law.CommentsClose CommentsPermalink
‘(k) Transmission Rights to Support New Generation Development- Subject to section 217(b)(4), it is the policy of the United States that long-term transmission rights of firmness and duration sufficient to support generation investment (or equivalent tradable or financial long-term transmission rights), shall be available under appropriate terms and conditions to load-serving entities (as defined in section 217(a)(2)) for long-term power supply arrangements for new generation facilities using renewable energy.CommentsClose CommentsPermalink
‘(l) Resource Assessments-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall conduct nationwide assessments to identify areas with a significant potential for the development of location-constrained resources.CommentsClose CommentsPermalink
‘(2) FORMATS- The resource assessments shall be made available to the public in multiple formats, including in a Geographical Information System compatible format.CommentsClose CommentsPermalink
‘(3) TIMING- The Secretary shall--CommentsClose CommentsPermalink
‘(A) make the initial resource assessment required under this subsection not later than 180 days after the date of enactment of the American Clean Energy Leadership Act of 2009; andCommentsClose CommentsPermalink
‘(B) refine the resource assessment on a regular basis that is consistent with regional planning cycles.CommentsClose CommentsPermalink
‘(4) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance to regional planning authorities, on request, to assist the authorities in carrying out this subsection.CommentsClose CommentsPermalink
‘(m) Congestion Studies- Not later than 1 year after the date of enactment of the American Clean Energy Leadership Act of 2009 and every 3 years thereafter, the Secretary, in consultation with affected States and Indian tribes, shall--CommentsClose CommentsPermalink
‘(1) conduct a study of electric transmission congestion; andCommentsClose CommentsPermalink
‘(2) submit to the appropriate committees of Congress a report that describes the results of the study.CommentsClose CommentsPermalink
‘(n) Applicability-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as otherwise provided in this subsection, the authority of the Commission under this section to approve transmission plans and to allocate costs incurred pursuant to the plans applies to all transmission providers, generators, and users, owners, and operators of the power system within the Eastern and Western Interconnections of the United States, including entities described in section 201(f).CommentsClose CommentsPermalink
‘(2) REGIONAL PLANNING ENTITIES- The Commission shall have authority over regional planning entities to the extent necessary to carry out this section.CommentsClose CommentsPermalink
‘(3) PROJECT DEVELOPERS- Nothing in this section precludes the development, subject to applicable regulatory requirements, of transmission projects that are not included in plans developed under this section.CommentsClose CommentsPermalink
‘(4) COMMISSION-APPROVED PLANNING PROCESSES- Nothing in this section affects the approval, siting, or cost allocation for a project that is authorized pursuant to planning processes that have been approved by the Commission.CommentsClose CommentsPermalink
‘(5) EXCLUSIONS- This section does not apply in the State of Alaska or Hawaii or to the Electric Reliability Council of Texas, unless the State or the Council voluntarily elects to participate in a cost allocation plan under this section.’.CommentsClose CommentsPermalink
Subtitle C--Federal Renewable Electricity StandardCommentsClose CommentsPermalink
Subtitle C--Federal Renewable Electricity StandardCommentsClose CommentsPermalink
SEC. 131. SENSE OF CONGRESS ON RENEWABLE ENERGY AND ENERGY EFFICIENCY.
It is the sense of Congress that the Federal Government should continue to support the use and expansion of renewable energy and energy efficiency in--CommentsClose CommentsPermalink
(1) the production and use of energy;CommentsClose CommentsPermalink
(2) the reduction of greenhouse gas emissions; andCommentsClose CommentsPermalink
(3) the reduction of dependence on foreign oil.CommentsClose CommentsPermalink
SEC. 132. FEDERAL RENEWABLE ELECTRICITY STANDARD.
(a) In General- Title VI of the Public Utility Regulatory Policies Act of 1978 (
‘SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) AFFILIATE- The term ‘affiliate’ when used with respect to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, such person, as determined under regulations issued by the Secretary.CommentsClose CommentsPermalink
‘(2) BASE QUANTITY OF ELECTRICITY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘base quantity of electricity’ means the total quantity of electricity sold by an electric utility to electric consumers in a calendar year.CommentsClose CommentsPermalink
‘(B) EXCLUSIONS- The term ‘base quantity of electricity’ does not include--CommentsClose CommentsPermalink
‘(i) electricity generated by a hydroelectric facility (including a pumped storage facility but excluding qualified hydropower) owned by an electric utility or sold under contract or rate order to an electric utility to meet the needs of the retail customers of the utility;CommentsClose CommentsPermalink
‘(ii) electricity generated through the incineration of municipal solid waste owned by an electric utility or sold under contract or rate order to an electric utility to meet the needs of the retail customers of the utility;CommentsClose CommentsPermalink
‘(iii) the quantity of electricity generated by a fossil-fuel facility that is equal to the proportion of greenhouse gases produced by such a unit that are captured and geologically sequestered; orCommentsClose CommentsPermalink
‘(iv)(I) electricity generated by a nuclear generating unit placed in service after the date of enactment of this section; orCommentsClose CommentsPermalink
‘(II) additional energy generated by an existing nuclear facility as a result of efficiency improvements or capacity additions made on or after the date of enactment of this section.CommentsClose CommentsPermalink
‘(3) BIOMASS- The term ‘biomass’ has the meaning given the term in section 203(b) of the Energy Policy Act of 2005 (
42 U.S.C. 15852(b) ).CommentsClose CommentsPermalink‘(4) DISTRIBUTED GENERATION FACILITY- The term ‘distributed generation facility’ means a facility at or near a customer site that provides electric energy to 1 or more customers for purposes other than resale other than to a utility through a net metering arrangement.CommentsClose CommentsPermalink
‘(5) GEOTHERMAL ENERGY- The term ‘geothermal energy’ means energy derived from a geothermal deposit (within the meaning of section 613(e)(2) of the Internal Revenue Code of 1986).CommentsClose CommentsPermalink
‘(6) INCREMENTAL COST OF COMPLIANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL - The term ‘incremental cost of compliance’ means--CommentsClose CommentsPermalink
‘(i) the costs attributable to all retail sales of electricity incurred in a year by an electric utility to--CommentsClose CommentsPermalink
‘(I) generate renewable energy eligible for Federal renewable energy credits;CommentsClose CommentsPermalink
‘(II) acquire Federal renewable energy credits; orCommentsClose CommentsPermalink
‘(III) make alternative compliance payments in order to comply with the requirements of subsection (b); lessCommentsClose CommentsPermalink
‘(ii)(I) the costs the electric utility would have incurred to serve all of the retail customers of that electric utility in that year to generate or acquire additional electricity not eligible for renewable energy credits if the requirements of subsection (b) did not apply to the electric utility; andCommentsClose CommentsPermalink
‘(II) the costs of compliance with any comparable State renewable requirement.CommentsClose CommentsPermalink
‘(B) COST OF ELECTRICITY- In calculating the incremental cost of compliance of an electric utility under this section, the Secretary shall take into account the reduction, if any, on the cost of electricity generated with fossil fuels associated with increased reliance on renewable electric energy generation.CommentsClose CommentsPermalink
‘(7) INCREMENTAL GEOTHERMAL PRODUCTION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘incremental geothermal production’ means, for any year, the excess of--CommentsClose CommentsPermalink
‘(i) the total kilowatt hours of electricity produced from a facility (including a distributed generation facility) using geothermal energy; overCommentsClose CommentsPermalink
‘(ii) the average number of kilowatt hours produced annually at the facility for 5 of the previous 7 calendar years before the date of enactment of this section after eliminating the highest and the lowest kilowatt hour production years in that 7-year period.CommentsClose CommentsPermalink
‘(B) SPECIAL RULE- A facility described in subparagraph (A) that was placed in service at least 7 years before the date of enactment of this section shall, commencing with the year in which that date of enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average percentage decrease in the annual kilowatt hour production for the 7-year period described in subparagraph (A)(ii) with such cumulative sum, but not to exceed 30 percent.CommentsClose CommentsPermalink
‘(8) INCREMENTAL HYDROPOWER-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘incremental hydropower’ means additional energy generated as a result of efficiency improvements or capacity additions made on or after January 1, 1992.CommentsClose CommentsPermalink
‘(B) EXCLUSION- The term ‘incremental hydropower’ does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions.CommentsClose CommentsPermalink
‘(C) MEASUREMENT AND CERTIFICATION- Efficiency improvements and capacity additions referred to in subparagraph (A) shall be--CommentsClose CommentsPermalink
‘(i) measured on the basis of the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility; andCommentsClose CommentsPermalink
‘(ii) certified by the Secretary or the Federal Energy Regulatory Commission.CommentsClose CommentsPermalink
‘(9) INDIAN LAND- The term ‘Indian land’ has the meaning given the term in section 2601 of the Energy Policy Act of 1992 (
25 U.S.C. 3501 ).CommentsClose CommentsPermalink‘(10) QUALIFIED HYDROPOWER-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified hydropower’ means--CommentsClose CommentsPermalink
‘(i) incremental hydropower;CommentsClose CommentsPermalink
‘(ii) additions of capacity made on or after January 1, 2001, or the effective commencement date of an existing applicable State renewable electricity standard program at an existing nonhydroelectric dam, if--CommentsClose CommentsPermalink
‘(I) the hydroelectric project installed on the nonhydroelectric dam--CommentsClose CommentsPermalink
‘(aa) is licensed by the Federal Energy Regulatory Commission, or is exempt from licensing, and is in compliance with the terms and conditions of the license or exemption; andCommentsClose CommentsPermalink
‘(bb) meets all other applicable environmental, licensing, and regulatory requirements, including applicable fish passage requirements;CommentsClose CommentsPermalink
‘(II) the nonhydroelectric dam--CommentsClose CommentsPermalink
‘(aa) was placed in service before the date of enactment of this section;CommentsClose CommentsPermalink
‘(bb) was operated for flood control, navigation, or water supply purposes; andCommentsClose CommentsPermalink
‘(cc) did not produce hydroelectric power as of the date of enactment of this section; andCommentsClose CommentsPermalink
‘(III) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving the environmental quality of the affected waterway, as certified by the Federal Energy Regulatory Commission; andCommentsClose CommentsPermalink
‘(iii) in the case of the State of Alaska--CommentsClose CommentsPermalink
‘(I) energy generated by a small hydroelectric facility that produces less than 50 megawatts;CommentsClose CommentsPermalink
‘(II) energy from pumped storage; andCommentsClose CommentsPermalink
‘(III) energy from a lake tap.CommentsClose CommentsPermalink
‘(B) STANDARDS- Nothing in this paragraph or the application of this paragraph shall affect the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act (
16 U.S.C. 791a et seq.).CommentsClose CommentsPermalink‘(11) QUALIFIED WASTE-TO-ENERGY- The term ‘qualified waste-to-energy’ means energy from the combustion of post-recycled municipal solid waste, or from the gasification or pyrolization of such waste and the combustion of the resulting gas at the same facility, if the owner or operator of the facility generating electricity from the energy provides to the Commission, on an annual basis--CommentsClose CommentsPermalink
‘(A) a certification that the facility is in compliance with all applicable Federal and State environmental permits;CommentsClose CommentsPermalink
‘(B) in the case of a facility that commences operation before the date of enactment of this section, a certification that the facility meets emissions standards promulgated under section 112 or 129 of the Clean Air Act (
42 U.S.C. 7412 , 7429) that apply as of the date of enactment of this section to new facilities within the relevant source category; andCommentsClose CommentsPermalink‘(C) in the case of the combustion, pyrolization, or gasification of municipal solid waste, a certification that each local government unit from which such waste originates operates, participates in the operation of, contracts for, or otherwise provides for, recycling services for residents of the local government unit.CommentsClose CommentsPermalink
‘(12) RENEWABLE ENERGY- The term ‘renewable energy’ means electric energy generated at a facility (including a distributed generation facility) from--CommentsClose CommentsPermalink
‘(A) solar, wind, or geothermal energy or ocean energy;CommentsClose CommentsPermalink
‘(B) biomass;CommentsClose CommentsPermalink
‘(C) landfill gas;CommentsClose CommentsPermalink
‘(D) qualified hydropower;CommentsClose CommentsPermalink
‘(E) marine and hydrokinetic renewable energy (as defined in section 632 of the Energy Independence and Security Act of 2007 (
42 U.S.C. 17211 ));CommentsClose CommentsPermalink‘(F) incremental geothermal production;CommentsClose CommentsPermalink
‘(G) coal-mined methane;CommentsClose CommentsPermalink
‘(H) qualified waste-to-energy; orCommentsClose CommentsPermalink
‘(I) another renewable energy source based on innovative technology, as determined by the Secretary through rulemaking.CommentsClose CommentsPermalink
‘(b) Renewable Energy and Energy Efficiency Requirement-CommentsClose CommentsPermalink
‘(1) REQUIREMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), each electric utility that sells electricity to electric consumers for a purpose other than resale shall obtain a percentage of the base quantity of electricity the electric utility sells to electric consumers in any calendar year from renewable energy or energy efficiency.CommentsClose CommentsPermalink
‘(B) PERCENTAGE- Except as provided in section 611, the percentage obtained in a calendar year under subparagraph (A) shall not be less than the amount specified in the following table:CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
‘Calendar year: Minimum annual percentage: CommentsClose CommentsPermalink
2011 through 2013 3.0 CommentsClose CommentsPermalink
2014 through 2016 6.0 CommentsClose CommentsPermalink
2017 through 2018 9.0 CommentsClose CommentsPermalink
2019 through 2020 12.0 CommentsClose CommentsPermalink
2021 through 2039 15.0 CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
‘(2) MEANS OF COMPLIANCE- An electric utility shall meet the requirements of paragraph (1) by--CommentsClose CommentsPermalink
‘(A) submitting to the Secretary renewable energy credits issued under subsection (c);CommentsClose CommentsPermalink
‘(B) submitting Federal energy efficiency credits issued under subsection (i), except that those credits may not be used to meet more than 26.67 percent of the requirements under paragraph (1) in any calendar year;CommentsClose CommentsPermalink
‘(C) making alternative compliance payments to the Secretary at the rate of 2.1 cents per kilowatt hour (as adjusted for inflation under subsection (g)) if the electric utility does not elect to petition the Secretary to waive the requirements under subsection (d)(3)(C); orCommentsClose CommentsPermalink
‘(D) a combination of activities described in subparagraphs (A), (B), and (C).CommentsClose CommentsPermalink
‘(3) PHASE-IN- The Secretary shall prescribe, by regulation, a reasonable phase-in of the requirements of paragraph (1) as the requirements apply to an electric utility that becomes subject to this section on or after January 1, 2013.CommentsClose CommentsPermalink
‘(c) Federal Renewable Energy and Energy Efficiency Credit Trading Programs-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than January 1, 2011, the Secretary shall establish a Federal renewable energy credit trading program, and a Federal energy efficiency credit trading program, under which electric utilities shall submit to the Secretary Federal renewable energy credits and Federal energy efficiency credits to certify the compliance of the electric utilities with subsection (b)(1).CommentsClose CommentsPermalink
‘(2) ADMINISTRATION- As part of the program, the Secretary shall--CommentsClose CommentsPermalink
‘(A) issue renewable energy credits to generators of electric energy from renewable energy, regardless of whether the energy is transmitted over the national interstate transmission system;CommentsClose CommentsPermalink
‘(B) to the extent that renewable sources of electricity are used in combination with other sources of energy, issue credits only to the extent that the electricity generated is from renewable resources;CommentsClose CommentsPermalink
‘(C) issue renewable energy credits to electric utilities associated with State renewable electricity standard compliance mechanisms pursuant to subsection (h);CommentsClose CommentsPermalink
‘(D) issue energy efficiency credits pursuant to subsection (i);CommentsClose CommentsPermalink
‘(E) subject to subparagraph (F), ensure that a kilowatt hour, including the associated renewable energy credit or energy efficiency credit, shall be used only once for purposes of compliance with this Act;CommentsClose CommentsPermalink
‘(F) allow double credits for generation from facilities on Indian land, and triple credits for generation from small renewable distributed generators (meaning those no larger than 1 megawatt), except that no distributed renewable generation facilities on Indian land shall receive a greater number of credits than triple credits;CommentsClose CommentsPermalink
‘(G) allow triple credits for generation of energy from algae;CommentsClose CommentsPermalink
‘(H) ensure that, with respect to a purchaser that, as of the date of enactment of this section, has a purchase agreement from a renewable energy facility placed in service before that date, the credit associated with the generation of renewable energy under the contract is issued to the purchaser of the electric energy to the extent that the contract does not already provide for the allocation of the Federal credit; andCommentsClose CommentsPermalink
‘(I) issue tradeable renewable energy credits for the useful electric and thermal output from a facility that produces the output from biomass, using a system under which--CommentsClose CommentsPermalink
‘(i) in the case of efficiency that is less than 50 percent, 1 renewable energy credit is awarded;CommentsClose CommentsPermalink
‘(ii) in the case of efficiency that is 50 percent or more but less than 70 percent, 1.1 renewable energy credits are awarded for the same unit output;CommentsClose CommentsPermalink
‘(iii) in the case of efficiency that is 70 percent or more but less than 90 percent, 1.25 renewable energy credits are awarded for the same unit output; andCommentsClose CommentsPermalink
‘(iv) in the case of efficiency that is 90 percent or more, 1.5 renewable energy credits are awarded for the same unit output.CommentsClose CommentsPermalink
‘(3) DURATION- A credit described in subparagraph (A), (B), (C), or (D) of paragraph (2) may only be used for compliance with this section during the 3-year period beginning on the date of issuance of the credit.CommentsClose CommentsPermalink
‘(4) TRANSFERS- An electric utility that holds credits in excess of the quantity of credits needed to comply with subsection (b) may transfer the credits to another electric utility in the same utility holding company system.CommentsClose CommentsPermalink
‘(5) DELEGATION OF MARKET FUNCTION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may delegate to--CommentsClose CommentsPermalink
‘(i) an appropriate market-making entity the administration of a national renewable energy credit market and a national energy efficiency credit market for purposes of creating a transparent national market for the sale or trade of renewable energy credits and energy efficiency credits; andCommentsClose CommentsPermalink
‘(ii) regional entities the tracking of dispatch of renewable generation.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- Any delegation under subparagraph (A) shall ensure that the tracking and reporting of information concerning the dispatch of renewable generation is transparent, verifiable, and independent of any generation or load interests with obligations under this section. .CommentsClose CommentsPermalink
‘(d) Enforcement-CommentsClose CommentsPermalink
‘(1) CIVIL PENALTIES- Any electric utility that fails to meet the requirements of subsection (b) shall be subject to a civil penalty.CommentsClose CommentsPermalink
‘(2) AMOUNT OF PENALTY- The amount of the civil penalty shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink
‘(A) the number of kilowatt-hours of electric energy sold to electric consumers in violation of subsection (b); byCommentsClose CommentsPermalink
‘(B) 200 percent of the value of the alternative compliance payment, as adjusted for inflation under subsection (g).CommentsClose CommentsPermalink
‘(3) MITIGATION OR WAIVER-CommentsClose CommentsPermalink
‘(A) PENALTY-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary may mitigate or waive a civil penalty under this subsection if the electric utility is unable to comply with subsection (b) due to a reason outside of the reasonable control of the electric utility.CommentsClose CommentsPermalink
‘(ii) AMOUNT- The Secretary shall reduce the amount of any penalty determined under paragraph (2) by the amount paid by the electric utility to a State for failure to comply with the requirement of a State renewable energy program if the State requirement is greater than the applicable requirement of subsection (b).CommentsClose CommentsPermalink
‘(B) REQUIREMENT- The Secretary may waive the requirements of subsection (b) for a period of up to 5 years with respect to an electric utility if the Secretary determines that the electric utility cannot meet the requirements due to a hurricane, tornado, fire, flood, earthquake, ice storm, or other natural disaster or act of God beyond the reasonable control of the utility.CommentsClose CommentsPermalink
‘(C) RATEPAYER PROTECTION- Effective beginning June 1, 2010, and not later than June 1 of each year thereafter, an electric utility may petition the Secretary to waive, for the following compliance year, all or part of the requirements of subsection (b) in order to limit the rate impact of the incremental cost of compliance of the electric utility to not more than 4 percent per retail customer in any year.CommentsClose CommentsPermalink
‘(D) VARIANCE- A State public utility commission or electric utility may submit an application to the Secretary that requests a variance from the requirements of subsection (b) for 1 or more calendar years (including suspension or reduction of the requirements) on the basis of transmission constraints preventing delivery of service.CommentsClose CommentsPermalink
‘(4) PROCEDURE FOR ASSESSING PENALTY- The Secretary shall assess a civil penalty under this subsection in accordance with the procedures prescribed by section 333(d) of the Energy Policy and Conservation Act (
42 U.S.C. 6303(d) ).CommentsClose CommentsPermalink‘(e) Alternative Compliance Payments-CommentsClose CommentsPermalink
‘(1) IN GENERAL- An electric utility may satisfy the requirements of subsection (b), in whole or in part, by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit or megawatt hour of demonstrated total annual electricity savings that would otherwise be due, a payment equal to the amount required under subsection (b) in accordance with such regulations as the Secretary may promulgate.CommentsClose CommentsPermalink
‘(2) PAYMENT TO STATE FUNDS- Payments made under this subsection shall be made directly to the State in which the electric utility is located, if the payments are deposited directly into a fund within the treasury of the State for use in accordance with paragraph (3).CommentsClose CommentsPermalink
‘(3) USE OF GRANTS- The Governor of any State may expend amounts in a State renewable energy escrow account solely for purposes of--CommentsClose CommentsPermalink
‘(A) increasing the quantity of electric energy produced from a renewable energy source in the State, including nuclear and advanced coal technologies for carbon capture and sequestration;CommentsClose CommentsPermalink
‘(B) promoting the deployment and use of electric drive vehicles in the State, including the development of electric drive vehicles and batteries; andCommentsClose CommentsPermalink
‘(C) offsetting the costs of carrying out this section paid by electric consumers in the State through--CommentsClose CommentsPermalink
‘(i) direct grants to electric consumers; orCommentsClose CommentsPermalink
‘(ii) energy efficiency investments.CommentsClose CommentsPermalink
‘(4) INFORMATION AND REPORTS- As a condition of providing payments to a State under this subsection, the Secretary may require the Governor to keep such accounts or records, and furnish such information and reports, as the Secretary determines are necessary and appropriate for determining compliance with this subsection.CommentsClose CommentsPermalink
‘(f) Exemptions- During any calendar year, this section shall not apply to an electric utility--CommentsClose CommentsPermalink
‘(1) that sold less than 4,000,000 megawatt-hours of electric energy to electric consumers during the preceding calendar year, except that sales to an affiliate, lessee, or tenant of the electric utility shall not be treated as sales to electric consumers under this paragraph; orCommentsClose CommentsPermalink
‘(2) in Hawaii.CommentsClose CommentsPermalink
‘(g) Inflation Adjustment- Not later than December 31 of each year beginning in 2008, the Secretary shall adjust for inflation the rate of the alternative compliance payment under subsection (b)(2)(C).CommentsClose CommentsPermalink
‘(h) State Programs-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), nothing in this section diminishes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting renewable energy or energy efficiency, or the regulation of electric utilities,.CommentsClose CommentsPermalink
‘(2) COMPLIANCE- Except as provided in subsection (d)(3), no such law or regulation shall relieve any person of any requirement otherwise applicable under this section.CommentsClose CommentsPermalink
‘(3) COORDINATION- The Secretary, in consultation with States having such renewable energy and energy efficiency programs, shall, to the maximum extent practicable, facilitate coordination between the Federal program and State programs.CommentsClose CommentsPermalink
‘(4) REGULATIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary, in consultation with States, shall promulgate regulations to ensure that an electric utility that is subject to the requirements of this section and is subject to a State renewable energy standard receives renewable energy credits if--CommentsClose CommentsPermalink
‘(i) the electric utility complies with the State standard by generating or purchasing renewable electric energy or renewable energy certificates or credits representing renewable electric energy; orCommentsClose CommentsPermalink
‘(ii) the State imposes or allows other mechanisms for achieving the State standard, including the payment of taxes, fees, surcharges, or other financial obligations.CommentsClose CommentsPermalink
‘(B) AMOUNT OF CREDITS- The amount of credits received by an electric utility under this subsection shall equal--CommentsClose CommentsPermalink
‘(i) in the case of subparagraph (A)(i), the quantity of renewable energy resulting from the generation or purchase by the electric utility of renewable energy; andCommentsClose CommentsPermalink
‘(ii) in the case of subparagraph (A)(ii), the pro rata share of the electric utility, based on the contributions to the mechanism made by the electric utility or customers of the electric utility, in the State, of the quantity of renewable energy resulting from those mechanisms.CommentsClose CommentsPermalink
‘(C) PROHIBITION ON DOUBLE COUNTING- The regulations promulgated under this paragraph shall ensure that a kilowatt-hour associated with a renewable energy credit issued pursuant to this subsection shall not be used for compliance with this section more than once.CommentsClose CommentsPermalink
‘(i) Energy Efficiency Credits-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
‘(A) CUSTOMER FACILITY SAVINGS- The term ‘customer facility savings’ means a reduction in the consumption of end-use electricity at a facility of an end-use consumer of electricity served by an electric utility, as compared to--CommentsClose CommentsPermalink
‘(i) consumption at the facility during a base year, taking into account reductions attributable to causes other than energy efficiency investments (such as economic downturns, reductions in customer base, favorable weather conditions, or other such causes); orCommentsClose CommentsPermalink
‘(ii) in the case of new equipment (regardless of whether the new equipment replaces existing equipment at the end of the useful life of the existing equipment), consumption by similar equipment of average efficiency available for purchase at the time that new equipment is acquired.CommentsClose CommentsPermalink
‘(B) ELECTRICITY SAVINGS- The term ‘electricity savings’ means--CommentsClose CommentsPermalink
‘(i) customer facility savings of electricity consumption adjusted to reflect any associated increase in fuel consumption at the facility;CommentsClose CommentsPermalink
‘(ii) reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency (as defined by the Secretary by regulation); andCommentsClose CommentsPermalink
‘(iii) the output of new combined heat and power systems, to the extent provided under paragraph (5).CommentsClose CommentsPermalink
‘(C) QUALIFIED ELECTRICITY SAVINGS- The term ‘qualified electricity savings’ means electricity saving that meet the measurement and verification requirements of paragraph (4).CommentsClose CommentsPermalink
‘(2) PETITION- On petition by the Governor of a State or, in the case of the power service area of the Tennessee Valley Authority, the Board of Directors of the Tennessee Valley Authority, the Secretary shall allow up to 26.67 percent of the requirements of an electric utility under subsection (b)(1) associated with the sales of electricity of the utility in the State to be met by submitting Federal energy efficiency credits issued pursuant to this subsection.CommentsClose CommentsPermalink
‘(3) ISSUANCE OF ENERGY EFFICIENCY CREDITS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall issue energy efficiency credits for qualified electricity savings achieved in States described in paragraph (2) in accordance with this subsection.CommentsClose CommentsPermalink
‘(B) QUALIFIED ELECTRICITY SAVINGS- Subject to subparagraph (C), in accordance with regulations promulgated by the Secretary, the Secretary shall issue credits for--CommentsClose CommentsPermalink
‘(i) qualified electricity savings achieved by an electric utility on or after the date of enactment of this section; andCommentsClose CommentsPermalink
‘(ii) qualified electricity savings achieved by other entities (including State agencies) on or after the date of enactment of this section if--CommentsClose CommentsPermalink
‘(I) the measures used to achieve the qualified electricity savings were installed or placed in operation by the entity seeking the credit; andCommentsClose CommentsPermalink
‘(II) an electric utility eligible to receive efficiency did not pay a substantial portion of the cost of achieving the qualified electricity savings (unless the utility has waived any entitlement to the credit).CommentsClose CommentsPermalink
‘(C) STANDARDS- No credits shall be issued for electricity savings achieved as a result of compliance with a national, State, or local building, equipment, or appliance efficiency standard.CommentsClose CommentsPermalink
‘(4) MEASUREMENT AND VERIFICATION OF ELECTRICITY SAVINGS- Not later than January 2010, the Secretary shall promulgate regulations regarding the measurement and verification of electricity savings under this subsection, including regulations covering--CommentsClose CommentsPermalink
‘(A) procedures and standards for defining and measuring electricity savings that will be eligible to receive credits under paragraph (3), which shall--CommentsClose CommentsPermalink
‘(i) specify the types of energy efficiency and energy conservation that will be eligible for the credits;CommentsClose CommentsPermalink
‘(ii) require that energy consumption for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area;CommentsClose CommentsPermalink
‘(iii) account for the useful life of electricity savings measures;CommentsClose CommentsPermalink
‘(iv) include specified electricity savings values for specific, commonly-used efficiency measures; andCommentsClose CommentsPermalink
‘(v) exclude electricity savings that--CommentsClose CommentsPermalink
‘(I) are not properly attributable to measures carried out by the entity seeking the credit;CommentsClose CommentsPermalink
‘(II) have already been credited under this section to another entity; orCommentsClose CommentsPermalink
‘(III) do not result from actions not intended to achieve electricity savings;CommentsClose CommentsPermalink
‘(B) procedures and standards for third-party verification of reported electricity savings; andCommentsClose CommentsPermalink
‘(C) such requirements for information, reports, and access to facilities as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
‘(5) COMBINED HEAT AND POWER- Under regulations promulgated by the Secretary, the increment of electricity output of a new combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs), shall be considered electricity savings under this subsection.CommentsClose CommentsPermalink
‘(j) Biomass Harvesting and Sustainability- The provisions of this section relating to biomass shall be administered in accordance with section 203(e) of the Energy Policy Act of 2005 (
42 U.S.C. 15852(e) ).CommentsClose CommentsPermalink‘(k) Loans for Projects to Comply With Federal Renewable Electricity Standard-CommentsClose CommentsPermalink
‘(1) PURPOSES- The purposes of this subsection are--CommentsClose CommentsPermalink
‘(A) to reduce the cost incurred by electric utilities in complying with the requirements of this section; andCommentsClose CommentsPermalink
‘(B) to minimize the impact of the requirements on electricity rates for consumers.CommentsClose CommentsPermalink
‘(2) LOANS- The Secretary shall make loans available to electric utilities to carry out qualified projects approved by the Secretary to comply with the requirements of this section.CommentsClose CommentsPermalink
‘(3) QUALIFIED PROJECTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A loan may be made under this subsection for a project--CommentsClose CommentsPermalink
‘(i) to construct a renewable energy generation facility;CommentsClose CommentsPermalink
‘(ii) to install an energy efficiency or electricity demand reduction technology; orCommentsClose CommentsPermalink
‘(iii) to carry out any other project approved by the Secretary that the Secretary determines is consistent with the purposes of this subsection.CommentsClose CommentsPermalink
‘(B) DISAPPROVAL- The Secretary may disapprove an application for a loan for a project under this subsection if the Secretary determines that--CommentsClose CommentsPermalink
‘(i) the revenues generated under the project are unlikely to be sufficient to cover the repayment obligations of the proposed loan; orCommentsClose CommentsPermalink
‘(ii) the project is not otherwise consistent with the purposes of this subsection.CommentsClose CommentsPermalink
‘(4) TERMS- A loan made by the Secretary to an electric utility under this subsection shall--CommentsClose CommentsPermalink
‘(A) be for a term of not to exceed 30 years; andCommentsClose CommentsPermalink
‘(B) bear an annual interest rate that is 50 basis points more than the Federal funds rate established by the Board of Governors of the Federal Reserve System.CommentsClose CommentsPermalink
‘(5) PRIORITY- Notwithstanding any other provision of law, the debt to the Federal Government under a loan made to an electric utility under this subsection shall have priority in any case in which the electric utility files for bankruptcy protection under title 11, United States Code.CommentsClose CommentsPermalink
‘(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.CommentsClose CommentsPermalink
‘(l) Reconsideration-CommentsClose CommentsPermalink
‘(1) REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than January 15, 2017, and every 5 years thereafter, the Secretary shall review and make recommendations to Congress on the program established under this section.CommentsClose CommentsPermalink
‘(B) ANALYSIS- The review shall analyze whether--CommentsClose CommentsPermalink
‘(i) the program established under this section has contributed to an economically harmful increase in electricity rates in regions of the United States;CommentsClose CommentsPermalink
‘(ii) the program has resulted in net economic benefits for the United States; andCommentsClose CommentsPermalink
‘(iii) new technologies and clean, renewable energy sources will advance the purposes of this section.CommentsClose CommentsPermalink
‘(2) RECOMMENDATIONS- The Secretary shall submit to Congress recommendations on whether--CommentsClose CommentsPermalink
‘(A) the percentage of energy efficiency credits eligible to be submitted under subsection (b)(1) should be increased or decreased;CommentsClose CommentsPermalink
‘(B) the percentage of renewable electricity required under subsection (b)(1) should be increased or decreased; andCommentsClose CommentsPermalink
‘(C) the definition of ‘renewable energy’ should be expanded to reflect advances in technology or previously unavailable sources of clean or renewable energy.CommentsClose CommentsPermalink
‘(3) REPORT- Not later than January 15, 2017, the Secretary shall submit to Congress a report that describes any recommendations of the Secretary on changes to the program established under this section.CommentsClose CommentsPermalink
‘(m) Regulations- Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations implementing this section.CommentsClose CommentsPermalink
‘(n) Termination of Authority- This section and the authority provided by this section terminate on December 31, 2039.’.CommentsClose CommentsPermalink
(b) Table of Contents Amendment- The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following:CommentsClose CommentsPermalink
‘Sec. 610. Federal renewable electricity standard.’.CommentsClose CommentsPermalink
SEC. 133. FEDERAL PURCHASE REQUIREMENT AMENDMENTS.
Section 203 of the Energy Policy Act of 2005 (
(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) BIOMASS- The term ‘biomass’ means the following types of nonhazardous organic materials:CommentsClose CommentsPermalink
‘(A) Residues and byproducts from milled logs.CommentsClose CommentsPermalink
‘(B) Wood, paper products that are not commonly recyclable, and vegetation (including trees and trimmings, yard waste, pallets, railroad ties, crates, and solid-wood manufacturing and construction debris), if diverted from or separated from other waste out of a municipal waste stream.CommentsClose CommentsPermalink
‘(C) Hazard trees, trimmings, and brush that are necessary to remove in order to maintain a utility right-of-way or a public road (not including any unpaved road within Federal land).CommentsClose CommentsPermalink
‘(D) Trees, trimmings, and brush harvested from the immediate vicinity of any building, campground, or other structure in wildfire-prone areas to reduce the risk to the structure or campground or to human life from wildfires.CommentsClose CommentsPermalink
‘(E) Invasive species (as defined in Executive Order 13112 (
42 U.S.C. 4321 note; relating to invasive species)) removed to control or eradicate the invasive species.CommentsClose CommentsPermalink‘(F) Animal waste and animal byproducts (including biogas and any solid produced by micro-organisms).CommentsClose CommentsPermalink
‘(G) Food waste.CommentsClose CommentsPermalink
‘(H) Algae.CommentsClose CommentsPermalink
‘(I) Slash, brush, trees, and other vegetation that is harvested from non-Federal land or Indian land--CommentsClose CommentsPermalink
‘(i) that is, at the time of harvest--CommentsClose CommentsPermalink
‘(I) naturally regenerated forest land;CommentsClose CommentsPermalink
‘(II) forest land that was planted for the purpose of restoring land to a naturally regenerated forest; orCommentsClose CommentsPermalink
‘(III) if harvested in quantities and through practices that maintain or contribute toward the restoration of the species, ecological systems, and ecological communities for which the conservation forest land was identified, conservation forest land; orCommentsClose CommentsPermalink
‘(ii) that is--CommentsClose CommentsPermalink
‘(I) at the time of harvest, planted forest land; andCommentsClose CommentsPermalink
‘(II) on the date of enactment of this section, cropland (including fallow land), pastureland, or planted forest land.CommentsClose CommentsPermalink
‘(J) Crops, crop byproducts, and crop residues from non-Federal land or Indian land that is--CommentsClose CommentsPermalink
‘(i) at the time of harvest, not forest land; andCommentsClose CommentsPermalink
‘(ii) on the date of enactment of this section--CommentsClose CommentsPermalink
‘(I) cropland (including fallow land and not including planted forest land); orCommentsClose CommentsPermalink
‘(II) pastureland.CommentsClose CommentsPermalink
‘(K) If harvested from Federal land in accordance with applicable law and land management plans and in quantities and through practices that maintain or contribute toward the restoration of ecological sustainability--CommentsClose CommentsPermalink
‘(i) slash; andCommentsClose CommentsPermalink
‘(ii) brush and trees that are byproducts of ecological restoration, disease or insect infestation control, or hazardous fuels reduction treatments and--CommentsClose CommentsPermalink
‘(I) are from stands that--CommentsClose CommentsPermalink
‘(aa) were killed by an insect or disease epidemic or a natural disaster; andCommentsClose CommentsPermalink
‘(bb) do not meet the utilization standards for sawtimber; orCommentsClose CommentsPermalink
‘(II) do not exceed the minimum size standards for sawtimber.CommentsClose CommentsPermalink
‘(2) CONSERVATION FOREST LAND-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘conservation forest land’ means forest land that contains a species, or includes all or part of an ecological system or community, that is at risk of extinction or elimination within a State or globally.CommentsClose CommentsPermalink
‘(B) IDENTIFICATION- Conservation forest land shall be identified based on the best available science and data by any of--CommentsClose CommentsPermalink
‘(i) the State in which the land is located, unless the land is under the jurisdiction of an Indian tribe;CommentsClose CommentsPermalink
‘(ii) an Indian tribe with jurisdiction over the land; orCommentsClose CommentsPermalink
‘(iii) in consultation with the State in which the land is located or the Indian tribe with jurisdiction over the land--CommentsClose CommentsPermalink
‘(I) the Secretary of Agriculture; orCommentsClose CommentsPermalink
‘(II) the Secretary of the Interior.CommentsClose CommentsPermalink
‘(C) EXCEPTIONS- A tract of conservation forest land may not be removed from conservation forest land status under this section as a result of land management practices on the tract that--CommentsClose CommentsPermalink
‘(i) occurred on or after the date of enactment of this subparagraph; andCommentsClose CommentsPermalink
‘(ii) contributed toward the elimination of the species, or all or part of an ecological system or ecological community, for which the land was identified as conservation forest land.CommentsClose CommentsPermalink
‘(3) FEDERAL LAND-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘Federal land’ means--CommentsClose CommentsPermalink
‘(i) National Forest System land; andCommentsClose CommentsPermalink
‘(ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1702 )).CommentsClose CommentsPermalink‘(B) EXCLUSIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The term ‘Federal land’ does not include--CommentsClose CommentsPermalink
‘(I) any area designated by Congress to be administered for conservation purposes; orCommentsClose CommentsPermalink
‘(II) a National Monument proclaimed by the President.CommentsClose CommentsPermalink
‘(ii) OLD GROWTH OR LATE SUCCESSIONAL FOREST STANDS- The term ‘Federal land’ does not include an old growth or late successional forest stand unless biomass from the stand does not exceed the minimum size standards for sawtimber and is a byproduct of an ecological restoration treatment that fully maintains, or contributes toward the restoration of, the structure and composition of an old growth forest stand in accordance with the old growth conditions characteristic of the forest type and retains the large trees contributing to old growth structure.CommentsClose CommentsPermalink
‘(4) INDIAN LAND- The term ‘Indian land’ has the meaning given the term ‘Indian country’ in
section 1151 of title 18, United States Code .CommentsClose CommentsPermalink‘(5) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
25 U.S.C. 450b ).CommentsClose CommentsPermalink‘(6) NON-FEDERAL LAND- The term ‘non-Federal land’ means land that is not owned by the Federal Government.CommentsClose CommentsPermalink
‘(7) RENEWABLE ENERGY- The term ‘renewable energy’ means energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.CommentsClose CommentsPermalink
‘(8) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink
‘(A) the Secretary of Agriculture, with regard to--CommentsClose CommentsPermalink
‘(i) National Forest System land; andCommentsClose CommentsPermalink
‘(ii) except as provided by subparagraph (B), non-Federal land; andCommentsClose CommentsPermalink
‘(B) the Secretary of the Interior, with regard to--CommentsClose CommentsPermalink
‘(i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1702 )); andCommentsClose CommentsPermalink‘(ii) Indian land.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Biomass Harvesting and Sustainability-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretaries concerned shall administer the provisions covered by subsection (b)(1) relating to the harvesting of biomass from Federal land and forest land.CommentsClose CommentsPermalink
‘(2) INTER-AGENCY BIOMASS SUSTAINABILITY STUDY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary, in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, shall conduct a study that assesses the impacts of biomass harvesting for energy production on--CommentsClose CommentsPermalink
‘(i) landscape-level water quality, soil productivity, wildlife habitat, and biodiversity; andCommentsClose CommentsPermalink
‘(ii) conservation forest land.CommentsClose CommentsPermalink
‘(B) TIMING- The Secretary shall--CommentsClose CommentsPermalink
‘(i) complete the study required under this paragraph not later than 5 years after the date of enactment of this subsection; andCommentsClose CommentsPermalink
‘(ii) update the study not later than every 5 years thereafter.CommentsClose CommentsPermalink
‘(C) BASIS- The Secretary shall base the study on the best available data and science.CommentsClose CommentsPermalink
‘(D) RECOMMENDATIONS- The Secretary shall include in the study such recommendations as are appropriate to reduce the impacts described in subparagraph (A).CommentsClose CommentsPermalink
‘(E) PUBLIC PARTICIPATION AND AVAILABILITY- In carrying out this paragraph, the Secretary shall--CommentsClose CommentsPermalink
‘(i) consult with States, Indian tribes, and other interested stakeholders;CommentsClose CommentsPermalink
‘(ii) make available, and seek public comment on, a draft version of the study results; andCommentsClose CommentsPermalink
‘(iii) make the final study results available to the public.’.CommentsClose CommentsPermalink
Subtitle D--Energy and Water IntegrationCommentsClose CommentsPermalink
Subtitle D--Energy and Water IntegrationCommentsClose CommentsPermalink
SEC. 141. ENERGY WATER NEXUS STUDY.
(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct an in-depth analysis of the impact of energy development and production on the water resources of the United States.CommentsClose CommentsPermalink
(b) Scope of Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The study described in subsection (a) shall be comprised of each assessment described in paragraphs (2) through (4).CommentsClose CommentsPermalink
(2) TRANSPORTATION SECTOR ASSESSMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels, or electricity used as a fuel source, to evaluate the ratio that--CommentsClose CommentsPermalink
(i) the quantity of water withdrawn and consumed in the production of transportation fuels (measured in gallons), or electricity (measured in kilowatt-hours); bears toCommentsClose CommentsPermalink
(ii) the total distance (measured in miles) that may be traveled as a result of the consumption of transportation fuels, or electricity.CommentsClose CommentsPermalink
(B) SCOPE OF ASSESSMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- The assessment shall include, as applicable--CommentsClose CommentsPermalink
(I) the exploration for, and extraction or growing of, energy feedstock;CommentsClose CommentsPermalink
(II) the processing of energy feedstock into transportation fuel;CommentsClose CommentsPermalink
(III) the generation, transportation, and storage of electricity for transportation; andCommentsClose CommentsPermalink
(IV) the conduct of an analysis of the efficiency with which the transportation fuel is consumed.CommentsClose CommentsPermalink
(ii) FUELS- The assessment shall contain an analysis of transportation fuel sources, including--CommentsClose CommentsPermalink
(I) domestically produced crude oil (including products derived from domestically produced crude oil);CommentsClose CommentsPermalink
(II) imported crude oil (including products derived from imported crude oil);CommentsClose CommentsPermalink
(III) domestically produced natural gas (including liquid fuels derived from natural gas);CommentsClose CommentsPermalink
(IV) imported natural gas (including liquid fuels derived from natural gas);CommentsClose CommentsPermalink
(V) oil shale;CommentsClose CommentsPermalink
(VI) tar sands;CommentsClose CommentsPermalink
(VII) domestically produced corn-based ethanol;CommentsClose CommentsPermalink
(VIII) imported corn-based ethanol;CommentsClose CommentsPermalink
(IX) advanced biofuels (including cellulosic- and algae-based biofuels);CommentsClose CommentsPermalink
(X) coal to liquids (including aviation fuel, diesel, and gasoline products);CommentsClose CommentsPermalink
(XI) electricity consumed in--CommentsClose CommentsPermalink
(aa) fully electric drive vehicles; andCommentsClose CommentsPermalink
(bb) plug-in hybrid vehicles;CommentsClose CommentsPermalink
(XII) hydrogen; andCommentsClose CommentsPermalink
(XIII) any reasonably foreseeable combination of any transportation fuel source described in subclauses (I) through (XII).CommentsClose CommentsPermalink
(3) ELECTRICITY SECTOR ASSESSMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of electricity to evaluate the ratio that--CommentsClose CommentsPermalink
(i) the quantity of water used and consumed in the production of electricity (measured in gallons); bears toCommentsClose CommentsPermalink
(ii) the quantity of electricity that is produced (measured in kilowatt-hours).CommentsClose CommentsPermalink
(B) SCOPE OF ASSESSMENT- The assessment shall include, as applicable--CommentsClose CommentsPermalink
(i) the exploration for, or extraction or growing of, energy feedstock;CommentsClose CommentsPermalink
(ii) the processing of energy feedstock for electricity production; andCommentsClose CommentsPermalink
(iii) the production of electricity.CommentsClose CommentsPermalink
(C) GENERATION TYPES- The assessment shall contain an evaluation and analysis of electricity generation facilities that are constructed in accordance with different plant designs (including different cooling technologies such as water, air, and hybrid systems, and technologies designed to minimize carbon dioxide releases) based on the fuel used by the facility, including--CommentsClose CommentsPermalink
(i) coal;CommentsClose CommentsPermalink
(ii) natural gas;CommentsClose CommentsPermalink
(iii) oil;CommentsClose CommentsPermalink
(iv) nuclear energy;CommentsClose CommentsPermalink
(v) solar energy;CommentsClose CommentsPermalink
(vi) wind energy;CommentsClose CommentsPermalink
(vii) geothermal energy;CommentsClose CommentsPermalink
(viii) biomass;CommentsClose CommentsPermalink
(ix) the beneficial use of waste heat; andCommentsClose CommentsPermalink
(x) any reasonably foreseeable combination of any fuel described in clauses (i) through (ix).CommentsClose CommentsPermalink
(4) ASSESSMENT OF ADDITIONAL IMPACTS- In addition to the impacts associated with the direct use and consumption of water resources in the transportation and electricity sectors described in paragraphs (2) and (3), the study shall contain an identification and analysis of any unique water impact associated with a specific fuel source, including an impact resulting from--CommentsClose CommentsPermalink
(A) any extraction or mining practice;CommentsClose CommentsPermalink
(B) the transportation of feedstocks from the point of extraction to the point of processing;CommentsClose CommentsPermalink
(C) the transportation of fuel and power from the point of processing to the point of consumption; andCommentsClose CommentsPermalink
(D) the location of a specific fuel source that is limited to 1 or more specific geographical regions.CommentsClose CommentsPermalink
(c) Report to Secretary- Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report that contains a summary of the results of the study conducted under this section.CommentsClose CommentsPermalink
(d) Availability of Results of Study- On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 142. POWER PLANT WATER AND ENERGY EFFICIENCY.
(a) In General- To protect water supplies and promote the efficient use of water in the electricity production sector, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall conduct a study to identify alternative technologies and related strategies to optimize water and energy efficiency in the production of electricity by each type of generation.CommentsClose CommentsPermalink
(b) Generation Types- The study shall include an evaluation of different types of generation facilities, including--CommentsClose CommentsPermalink
(1) coal facilities, under which the evaluation shall account for--CommentsClose CommentsPermalink
(A) different types of coal and associated generating technologies; andCommentsClose CommentsPermalink
(B) the use of technologies designed to minimize and sequester carbon dioxide releases;CommentsClose CommentsPermalink
(2) oil and natural gas facilities, under which the evaluation shall account for the use of technologies designed to minimize and sequester carbon dioxide releases;CommentsClose CommentsPermalink
(3) hydropower, including turbine upgrades, incremental hydropower, in-stream hydropower, and pump-storage projects;CommentsClose CommentsPermalink
(4) thermal solar facilities; andCommentsClose CommentsPermalink
(5) nuclear facilities.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section (including an assessment of any region-specific factor, such as water availability and energy reliability, that should be considered in evaluating the results).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended.CommentsClose CommentsPermalink
SEC. 143. RECLAMATION WATER CONSERVATION AND ENERGY SAVINGS STUDY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) MAJOR RECLAMATION PROJECT- The term ‘major Reclamation project’ means a multipurpose project authorized by the Federal Government and carried out by the Bureau of Reclamation.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Commissioner of Reclamation.CommentsClose CommentsPermalink
(b) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with paragraph (2), to promote the efficient use of energy in water distribution systems, the Secretary shall conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major Reclamation projects.CommentsClose CommentsPermalink
(2) ELEMENTS- In conducting the study, the Secretary shall--CommentsClose CommentsPermalink
(A) with respect to each major Reclamation project--CommentsClose CommentsPermalink
(i) assess and estimate the annual energy consumption associated with the major Reclamation project; andCommentsClose CommentsPermalink
(ii) identify--CommentsClose CommentsPermalink
(I) each major Reclamation project that consumes the greatest quantity of energy; andCommentsClose CommentsPermalink
(II) the aspect of the operation of each major Reclamation project described in subclause (I) that is the most energy intensive (including water storage and releases, water delivery, and administrative operations); andCommentsClose CommentsPermalink
(B) identify opportunities to significantly reduce current energy consumption and costs with respect to each major Reclamation project described in subparagraph (A), including, as applicable, through--CommentsClose CommentsPermalink
(i) reduced groundwater pumping;CommentsClose CommentsPermalink
(ii) improved reservoir operations;CommentsClose CommentsPermalink
(iii) infrastructure rehabilitation;CommentsClose CommentsPermalink
(iv) water reuse; andCommentsClose CommentsPermalink
(v) the integration of renewable energy generation with project operations.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended.CommentsClose CommentsPermalink
SEC. 144. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FACILITY- The term ‘facility’ means the Brackish Groundwater National Desalination Research Facility, located in Otero County, New Mexico.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Duty of Secretary- The Secretary shall operate, manage, and maintain the facility to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner.CommentsClose CommentsPermalink
(c) Objectives; Activities-CommentsClose CommentsPermalink
(1) OBJECTIVES- The Secretary shall operate and manage the facility as a state-of-the-art desalination research center--CommentsClose CommentsPermalink
(A) to develop new water and energy technologies with widespread applicability; andCommentsClose CommentsPermalink
(B) to create new supplies of usable water for municipal, agricultural, industrial, or environmental purposes.CommentsClose CommentsPermalink
(2) ACTIVITIES- In operating, managing, and maintaining the facility under subsection (b), the Secretary shall carry out--CommentsClose CommentsPermalink
(A) as a priority, the development of renewable energy technologies for integration with desalination technologies--CommentsClose CommentsPermalink
(i) to reduce the capital and operational costs of desalination;CommentsClose CommentsPermalink
(ii) to minimize the environmental impacts of desalination; andCommentsClose CommentsPermalink
(iii) to increase public acceptance of desalination as a viable water supply process;CommentsClose CommentsPermalink
(B) research regarding various desalination processes, including improvements in reverse and forward osmosis technologies;CommentsClose CommentsPermalink
(C) the development of innovative methods and technologies to reduce the volume and cost of desalination concentrated wastes (including the disposal of desalination concentrated wastes) in an environmentally sound manner;CommentsClose CommentsPermalink
(D) an outreach program to create partnerships with States, academic institutions, private entities, and other appropriate organizations to conduct research, development, and demonstration activities, including the establishment of rental and other charges to provide revenue to help offset the costs of operating and maintaining the facility; andCommentsClose CommentsPermalink
(E) an outreach program to educate the public on--CommentsClose CommentsPermalink
(i) desalination and renewable energy technologies; andCommentsClose CommentsPermalink
(ii) the benefits of using water in an efficient manner.CommentsClose CommentsPermalink
(d) Authority of Secretary- The Secretary may enter into contracts or other agreements with, or make grants to, appropriate entities to manage, operate, or otherwise carry out this section, including an agreement with a local or regional academic institution or a consortium of institutions to manage research activities at the facility.CommentsClose CommentsPermalink
(e) 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. 145. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION.
Section 205 of the Department of Energy Organization Act (
‘(n) Water-related Energy Consumption-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not less than once during each 3-year period, to aid in the understanding and reduction of the quantity of energy used in association with the use of water, the Administrator shall conduct an assessment under which the Administrator shall collect information on energy use in various sectors of the economy that are associated with the procurement, treatment, or delivery of water.CommentsClose CommentsPermalink
‘(2) REQUIRED SECTORS- An assessment described in paragraph (1) shall contain an analysis of water-related energy use for all relevant sectors of the economy, including water used for--CommentsClose CommentsPermalink
‘(A) agricultural purposes;CommentsClose CommentsPermalink
‘(B) municipal purposes;CommentsClose CommentsPermalink
‘(C) industrial purposes; andCommentsClose CommentsPermalink
‘(D) domestic purposes.CommentsClose CommentsPermalink
‘(3) EFFECT- Nothing in this subsection affects the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (
15 U.S.C. 790a ).’.CommentsClose CommentsPermalink
SEC. 146. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP.
(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a document to be known as the ‘Energy-Water Research and Development Roadmap’ to define the future research, development, demonstration, and commercialization efforts that are required to address emerging water-related challenges to future, cost-effective, reliable, and sustainable energy generation and production.CommentsClose CommentsPermalink
(b) Report- Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the document described in subsection (a), including recommendations for any future action with respect to the document.CommentsClose CommentsPermalink
SEC. 147. ENERGY-WATER CLEAN TECHNOLOGY GRANT PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink
(A) an eligible unit of local government;CommentsClose CommentsPermalink
(B) an Indian tribe; andCommentsClose CommentsPermalink
(C) a water or wastewater agency of a State or local government.CommentsClose CommentsPermalink
(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT- The term ‘eligible unit of local government’ has the meaning given the term in section 541 of the Energy Independence and Security Act of 2007 (
(3) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
(b) Grant Program- In accordance with subsection (c), the Secretary may carry out a competitive grant program under which the Secretary may provide grants to eligible entities to demonstrate the deployment of technologies that reduce the consumption of, or conserve, energy supplies through energy savings and water conservation activities in commercial, residential, and mixed-use development projects.CommentsClose CommentsPermalink
(c) Requirements-CommentsClose CommentsPermalink
(1) PROVISION OF ASSISTANCE- In carrying out the program under subsection (b), the Secretary shall provide assistance to eligible entities that carry out projects that--CommentsClose CommentsPermalink
(A) have the potential to be replicated in other locations;CommentsClose CommentsPermalink
(B) are of sufficient size to demonstrate deployment of the project at scale; andCommentsClose CommentsPermalink
(C) are likely to accelerate and expand investment in cost-effective technologies that demonstrate sustained reductions in energy consumption or conservation of energy supplies, including the deployment of renewable energy and water reuse technologies.CommentsClose CommentsPermalink
(2) PRIORITIZATION- In selecting eligible entities under paragraph (1), the Secretary shall give priority to each eligible entity that carries out a project that has the potential to create sustained energy reductions that are greater than 50 percent for the project development, as compared to similar project developments that do not include the technology used by the project that is the subject of the demonstration.CommentsClose CommentsPermalink
(3) COST-SHARING- Each demonstration activity carried out under a project under this program shall be subject to each cost-sharing requirement described in section 988 of the Energy Policy Act of 2005 (
(4) PUBLIC-PRIVATE PARTNERSHIPS- The Secretary shall provide a grant under this section only to an eligible entity that uses a public-private partnership to design and carry-out the project of the eligible entity.CommentsClose CommentsPermalink
(5) LIMITATION ON FUNDS- Funds provided through a grant made by the Secretary under this section shall not be used by the recipient eligible entity for any operation or maintenance cost of the eligible entity.CommentsClose CommentsPermalink
(6) REPORT- The Secretary shall require each eligible entity that receives a grant from the Secretary under this section to submit to the Secretary on a date not later than 1 year after the date on which the eligible entity completes the project of the eligible entity a report that contains a description of--CommentsClose CommentsPermalink
(A) the estimated reductions in water use achieved by the project of the entity;CommentsClose CommentsPermalink
(B) the reductions in energy consumption achieved by the project of the entity;CommentsClose CommentsPermalink
(C) the comprehensive environmental benefits achieved by the project of the entity; andCommentsClose CommentsPermalink
(D) the manner by which each reduction or benefit described in subparagraphs (A) through (C) compare to the original estimates of the eligible entity.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2010 through 2015, to remain available until expended.CommentsClose CommentsPermalink
SEC. 148. RURAL WATER UTILITIES ENERGY AND WATER EFFICIENCY PROGRAM.
(a) Duty of Secretary- As soon as practicable after the date of enactment of this Act, the Secretary shall establish and carry out a program similar to, and consistent with, the national rural water and wastewater circuit rider program established under section 306(a)(22) of the Consolidated Farm and Rural Development Act (
(1) to provide on-site technical assistance to rural drinking water and wastewater utilities (including utilities serving an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(2) to improve energy efficiency, identify and develop alternative and renewable energy supplies, and conserve water in the operation of rural drinking water and wastewater utilities.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $7,000,000 for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink
SEC. 149. COMPREHENSIVE WATER USE AND ENERGY SAVINGS STUDY.
(a) In General- As soon as practicable after the date of enactment of this Act, in consultation with other Federal agencies and appropriate entities, and incorporating available governmental and nongovernmental data as appropriate, the Secretary shall conduct a comprehensive study to determine the interrelated nature of water and energy use (including energy consumption in water-related processes and the manner by which to reduce water-related energy consumption) to promote the efficient use of water and energy.CommentsClose CommentsPermalink
(b) Required Components-CommentsClose CommentsPermalink
(1) IN GENERAL- In conducting the study under subsection (a), the Secretary shall include each component described in paragraphs (2) through (5).CommentsClose CommentsPermalink
(2) INDUSTRIAL WATER- In accordance with paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
(A) assess the annual industrial water use of the United States through a comparison, as the Secretary determines to be appropriate, of the differences in usage among--CommentsClose CommentsPermalink
(i) various regions of the United States;CommentsClose CommentsPermalink
(ii) industry types and processes; andCommentsClose CommentsPermalink
(iii) the use of in-plant waste treatment facilities; andCommentsClose CommentsPermalink
(B) identify opportunities to reduce significantly industrial energy consumption and associated costs through the use of--CommentsClose CommentsPermalink
(i) water management strategies;CommentsClose CommentsPermalink
(ii) water conservation using technologies in existence as of the date of enactment of this Act; andCommentsClose CommentsPermalink
(iii) reused water, particularly with respect to industrial energy applications.CommentsClose CommentsPermalink
(3) PEAK DEMAND- In accordance with paragraph (1), the Secretary shall identify options to reduce energy use by water treatment and delivery systems during peak electric demand periods, including through--CommentsClose CommentsPermalink
(A) the use of increased water storage facilities;CommentsClose CommentsPermalink
(B) the aggregation of water system utility accounts;CommentsClose CommentsPermalink
(C) the installation of supervisory control and data acquisition systems; andCommentsClose CommentsPermalink
(D) improvements made to primary and secondary water and wastewater treatment.CommentsClose CommentsPermalink
(4) NONPOTABLE WATER SOURCES- In accordance with paragraph (1), the Secretary shall identify and assess--CommentsClose CommentsPermalink
(A) the applications and uses for nonfreshwater sources of water supply in industrial, commercial, and residential applications; andCommentsClose CommentsPermalink
(B) the potential energy conservation that may result from the use of nonfreshwater supplies, including--CommentsClose CommentsPermalink
(i) recycled and reclaimed water;CommentsClose CommentsPermalink
(ii) produced water; andCommentsClose CommentsPermalink
(iii) other nontraditional water sources.CommentsClose CommentsPermalink
(5) EMBEDDED ENERGY- In accordance with paragraph (1), to facilitate an understanding of the potential energy savings associated with water conservation and efficiency, the Secretary shall assess and estimate the quantity and type of energy consumed in the procurement, transport, and treatment of water supplies and wastewater that serve industrial, commercial, and residential uses, including variations relating to differences in geography and types of supply and wastewater processes.CommentsClose CommentsPermalink
(c) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of--CommentsClose CommentsPermalink
(1) the results of the study conducted by the Secretary under this section; andCommentsClose CommentsPermalink
(2) the means by which to incorporate, and the benefits of incorporating, the results of the study into related reports prepared by the Secretary.CommentsClose CommentsPermalink
Subtitle E--Vehicle Technology DeploymentCommentsClose CommentsPermalink
Subtitle E--Vehicle Technology DeploymentCommentsClose CommentsPermalink
SEC. 151. TRANSPORTATION ROADMAP STUDY.
(a) In General- The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall--CommentsClose CommentsPermalink
(1) conduct a comprehensive analysis of energy use within the light-duty vehicle transportation sector; andCommentsClose CommentsPermalink
(2) use the analysis to conduct an integrated study of the technology options for alternative fuels, including electricity, natural gas, hydrogen, and advanced technologies (including battery, hybrid and fuel cell electric, advanced internal combustion, and lean burn diesel technologies), that could reduce petroleum consumption and greenhouse gas emissions.CommentsClose CommentsPermalink
(b) Components- The study shall--CommentsClose CommentsPermalink
(1) review the status of technologies and assess the potential of the technologies to meet goals to reduce petroleum consumption and greenhouse gas emissions, including--CommentsClose CommentsPermalink
(A) potential future fuels and pathways to commercial deployment;CommentsClose CommentsPermalink
(B) infrastructure needs for future fuels and other barriers to market penetration;CommentsClose CommentsPermalink
(C) potential timing of market adoption and opportunities to increase the pace of market adoption;CommentsClose CommentsPermalink
(D) a comparison of the potential reductions of petroleum consumption and greenhouse gas emissions for different technological approaches; andCommentsClose CommentsPermalink
(E) improvements in and priorities for Federal research and development program activities to accelerate the development of the most promising technologies;CommentsClose CommentsPermalink
(2) consider issues relating to vehicle duty cycles, regional distinctions, and technology development timelines;CommentsClose CommentsPermalink
(3) build on and integrate applicable research conducted in recent years, including by the Academy;CommentsClose CommentsPermalink
(4) evaluate technical options and assess the extent to which the United States can employ the options to reduce oil intensity by 80 percent by calendar year 2050 and reduce carbon dioxide emissions at a rate that is consistent with national goals; andCommentsClose CommentsPermalink
(5) recommend policies to help facilitate the United States meeting national goals.CommentsClose CommentsPermalink
(c) Report- Not later than 21 months after the date on which funds are first made available to carry out this section, and every 5 years thereafter, 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 (or updated report) on the results of the study conducted under subsection (a), including any recommendations.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 152. VEHICLE TECHNOLOGY AND RECHARGING INFRASTRUCTURE.
Section 131 of the Energy Independence and Security Act of 2007 (
‘(e) Market Assessment and Recharging Infrastructure Study-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
‘(A) LOCAL GOVERNMENT-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The term ‘local government’ has the meaning given the term in
section 3371 of title 5, United States Code .CommentsClose CommentsPermalink‘(ii) INCLUSIONS- The term ‘local government’ includes entities described in sections 7 and 8 of the Alaska Native Claims Settlement Act (
43 U.S.C. 1606 , 1607).CommentsClose CommentsPermalink‘(B) RANGE EXTENSION INFRASTRUCTURE- The term ‘range extension infrastructure’ includes equipment, products, or services for recharging plug-in electric vehicles that--CommentsClose CommentsPermalink
‘(i) are available to retail consumers of electric drive vehicles on a nonexclusive basis, including payment interoperability with other systems; andCommentsClose CommentsPermalink
‘(ii) provide for extending driving range through battery exchange or rapid recharging.CommentsClose CommentsPermalink
‘(C) STATE- The term ‘State’ has the meaning given the term in
section 3371 of title 5, United States Code .CommentsClose CommentsPermalink‘(2) STUDY- The Secretary, in consultation with the Administrator, and the Secretary of Transportation, shall carry out a program to analyze and assess--CommentsClose CommentsPermalink
‘(A) the number and distribution of recharging facilities, including range extension infrastructure, that will be required for drivers of plug-in electric drive vehicles and neighborhood electric vehicles to reliably recharge those electric drive vehicles to meet the average needs of the drivers;CommentsClose CommentsPermalink
‘(B) minimum technical standards for public recharging facilities necessary for widespread deployment;CommentsClose CommentsPermalink
‘(C) the technical and infrastructure investments that electric utilities and electricity providers will be required to make to support widespread deployment of recharging infrastructure, including an estimate of the investments;CommentsClose CommentsPermalink
‘(D) existing electric drive transportation technologies and the state of markets for the purchase of those technologies;CommentsClose CommentsPermalink
‘(E) methods of removing market barriers for existing and emerging applications of electric drive transportation technologies;CommentsClose CommentsPermalink
‘(F) the potential value to the electric grid of using the energy stored in on-board storage systems to improve the efficiency and reliability of the grid generation system; andCommentsClose CommentsPermalink
‘(G) the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation on the production of electricity from renewable resources.CommentsClose CommentsPermalink
‘(3) COMPONENTS- In conducting the study, the Secretary shall analyze and make recommendations on--CommentsClose CommentsPermalink
‘(A) the variety and density of recharging infrastructure options necessary to power plug-in electric drive vehicles under diverse scenarios, including--CommentsClose CommentsPermalink
‘(i) the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent-, 20 percent-, and 50 percent-penetration of plug-in electric vehicles on a city fleet basis;CommentsClose CommentsPermalink
‘(ii) the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent-, 20 percent-, and 50 percent-penetration of plug-in electric vehicles on a regional fleet basis;CommentsClose CommentsPermalink
‘(iii) the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent-, 20 percent-, and 50 percent-penetration of plug-in electric vehicles on a national fleet basis; andCommentsClose CommentsPermalink
‘(iv) the potential impact of fast charging on market penetration rates for electric drive vehicles and the effects on electric utilities;CommentsClose CommentsPermalink
‘(B) the effects on market penetration of reserved parking spots with access to recharging facilities;CommentsClose CommentsPermalink
‘(C) model codes (including building codes) that need to be updated or otherwise modified to enable widespread deployment of recharging facilities; andCommentsClose CommentsPermalink
‘(D) such other issues as the Secretary considers to be appropriate.CommentsClose CommentsPermalink
‘(4) REPORT- Not later than 1 year after the date of enactment of this subsection, 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 on the results of the study conducted under this subsection, including recommendations.CommentsClose CommentsPermalink
‘(f) Financial Support-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 18 months after the date of enactment of this subsection, the Secretary shall establish a program to support the deployment and integration of plug-in electric drive vehicles in multiple regions of the United States through the provision of financial support to State and local governments and other entities to assist in the installation of recharging facilities for electric drive vehicles.CommentsClose CommentsPermalink
‘(2) FINANCIAL ASSISTANCE- In carrying out the program, the Secretary may provide financial assistance described in paragraph (7) to promote the goals described in paragraph (4).CommentsClose CommentsPermalink
‘(3) REGIONS- The Secretary shall select regions for financial assistance under this subsection based on applications for the assistance received under paragraph (7), taking into consideration the findings of the study conducted under subsection (e).CommentsClose CommentsPermalink
‘(4) GOALS- The goals of the program established under this subsection shall be--CommentsClose CommentsPermalink
‘(A) to demonstrate the viability of a vehicle-based transportation system that reduces--CommentsClose CommentsPermalink
‘(i) the use of petroleum as a fuel; andCommentsClose CommentsPermalink
‘(ii) the emissions of greenhouse gases and other pollutants compared to a system based on conventional transportation fuels;CommentsClose CommentsPermalink
‘(B) to facilitate the integration of advanced vehicle technologies into electricity distribution areas to improve system performance and reliability;CommentsClose CommentsPermalink
‘(C) to demonstrate the potential benefits of coordinated investments in vehicle electrification on personal mobility and a regional grid;CommentsClose CommentsPermalink
‘(D) to demonstrate protocols and standards that facilitate vehicle integration into the grid; andCommentsClose CommentsPermalink
‘(E) to investigate differences in each region and regulatory environment regarding best practices in implementing vehicle electrification.CommentsClose CommentsPermalink
‘(5) USE OF FUNDS- Subject to paragraph (6), the Secretary may provide financial assistance to any applicant that applies for, and receives the approval of the Secretary, under paragraph (7)--CommentsClose CommentsPermalink
‘(A) to assist persons located in a region (including fleet owners) in the purchase of new plug-in electric drive vehicles by reducing the incremental cost of the vehicles above the cost of comparable conventionally fueled vehicles;CommentsClose CommentsPermalink
‘(B) to support the use of plug-in electric drive vehicles by funding projects for the deployment of--CommentsClose CommentsPermalink
‘(i) recharging infrastructure for plug-in electric drive vehicles (including range extension infrastructure);CommentsClose CommentsPermalink
‘(ii) smart grid equipment and infrastructure to facilitate the charging and integration of plug-in electric drive vehicles; orCommentsClose CommentsPermalink
‘(iii) the purchase of advanced batteries for use in plug-in electric drive vehicles; orCommentsClose CommentsPermalink
‘(C) to carry out such other projects as the Secretary determines are appropriate to support the large-scale deployment of plug-in electric drive vehicles in regional deployment areas.CommentsClose CommentsPermalink
‘(6) COST SHARE- The Secretary shall carry out the programs established under this subsection in accordance with section 988 of the Energy Policy Act of 2005 (
42 U.S.C. 16352 ).CommentsClose CommentsPermalink‘(7) FINANCIAL SUPPORT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may--CommentsClose CommentsPermalink
‘(i) provide grants to States and local governments for demonstration and commercial application of recharging infrastructure in accordance with paragraph (8) in accordance with section 988 of the Energy Policy Act of 2005 (
42 U.S.C. 16352 ); andCommentsClose CommentsPermalink‘(ii) consult with the Administrator of the Clean Energy Deployment Administration to further the goals of this section.CommentsClose CommentsPermalink
‘(B) APPLICATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- An applicant that seeks to receive financial assistance under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines are necessary through rulemaking.CommentsClose CommentsPermalink
‘(ii) JOINT SPONSORSHIP- An application may be jointly sponsored by electric utilities, automobile manufacturers, technology providers, car-sharing companies or organizations, or other persons or entities.CommentsClose CommentsPermalink
‘(C) REQUIREMENTS- The design elements and requirements of the program established under this subsection shall include--CommentsClose CommentsPermalink
‘(i) an evaluation of the financial mechanisms that will most effectively promote the purposes of this section;CommentsClose CommentsPermalink
‘(ii) criteria for evaluating applications submitted under this paragraph, taking into consideration the findings of the study conducted under subsection (e) (including the anticipated ability to promote deployment and market penetration of plug-in electric drive vehicles that are less dependent on petroleum as a fuel source);CommentsClose CommentsPermalink
‘(iii) reporting requirements for entities that receive financial assistance under this subsection, including a comprehensive set of performance data that reflect the results of the program; andCommentsClose CommentsPermalink
‘(iv) provisions that no proprietary information, trade secret, or other confidential information is required to be disclosed.CommentsClose CommentsPermalink
‘(8) GRANTS TO STATES AND LOCAL GOVERNMENTS FOR RECHARGING INFRASTRUCTURE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall establish a program under which the Secretary shall provide grants and other financial support to States and local governments to assist in the installation of recharging infrastructure for plug-in electric drive vehicles in areas under the jurisdiction of the States or local governments.CommentsClose CommentsPermalink
‘(B) ELIGIBILITY- To be eligible to obtain a grant or other financial support under this subsection, a State or local government shall--CommentsClose CommentsPermalink
‘(i) demonstrate to the Secretary that the applicant has taken into consideration the findings of the report submitted under subsection (e), unless the State or local government demonstrates to the Secretary that an alternative variety and density of recharging infrastructure options would better meet the purposes of this section; andCommentsClose CommentsPermalink
‘(ii) agree not to charge a premium for use of a parking space used to recharge an electric drive vehicle other than a charge for electric energy.CommentsClose CommentsPermalink
‘(C) GUIDELINES- The Secretary shall establish guidelines for carrying out this subsection that are consistent with the report submitted under subsection (e).CommentsClose CommentsPermalink
‘(9) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection, to remain available until expended.CommentsClose CommentsPermalink
‘(g) Information Clearinghouse- As part of the program established under this section, the Secretary shall collect and make available to the public information regarding the cost, performance, and other technical data regarding the deployment and integration of plug-in hybrid electric drive vehicles.CommentsClose CommentsPermalink
‘(i) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this subsections (e) and (g).’.CommentsClose CommentsPermalink
SEC. 153. ELECTRIC DRIVE TRANSPORTATION STANDARDIZATION.
(a) Report to Congress-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Institute of Standards and Technology, the National Laboratories, utilities, vehicle manufacturers, battery manufacturers, industry trade associations, and such other entities as the Secretary determines to be appropriate, shall submit to Congress a report containing recommendations for establishing and adopting consensus or industry standards for electric drive transportation.CommentsClose CommentsPermalink
(2) CONTENTS- The report shall--CommentsClose CommentsPermalink
(A) identify consensus standards that exist or are under development, such as--CommentsClose CommentsPermalink
(i) standardized electronic protocols for use in communicating with the electrical power grid;CommentsClose CommentsPermalink
(ii) safety and interoperability standards for the plug and socket for plug-in electric drive vehicles;CommentsClose CommentsPermalink
(iii) battery-to-vehicle high voltage power connectors;CommentsClose CommentsPermalink
(iv) battery-to-vehicle communications signal interface hardware and operational protocols;CommentsClose CommentsPermalink
(v) safety interlock devices;CommentsClose CommentsPermalink
(vi) battery safety; andCommentsClose CommentsPermalink
(vii) other items identified by the Secretary as priority items;CommentsClose CommentsPermalink
(B) identify priority standards for the widespread deployment of electric drive technology; andCommentsClose CommentsPermalink
(C) recommend a collaborative process for public and private entities that will accelerate the development of priority standards, including--CommentsClose CommentsPermalink
(i) making maximum use of existing relevant work; andCommentsClose CommentsPermalink
(ii) identifying areas in which new research is required.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 154. PILOT PROGRAM FOR PLUG-IN ELECTRIC DRIVE VEHICLES FOR FEDERAL FLEET.
Section 131 of the Energy Independence and Security Act of 2007 (
‘(h) Pilot Program for Plug-in Electric Drive Vehicles-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall establish, as part of the Federal Energy Management Program, a pilot program under which the Secretary shall provide grants for--CommentsClose CommentsPermalink
‘(A) the incremental cost of precommercial plug-in electric drive vehicles for purchase or lease in an amount not to exceed $10,000 per vehicle purchased or $1,500 per year per vehicle leased; andCommentsClose CommentsPermalink
‘(B) recharging infrastructure at Federal facilities in conjunction with the vehicles.CommentsClose CommentsPermalink
‘(2) GUIDELINES- Not later than 90 days after the date of enactment of this subsection, the Secretary shall issue guidelines for the pilot program established under this subsection.CommentsClose CommentsPermalink
‘(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection for the period of fiscal years 2010 through 2015.’.CommentsClose CommentsPermalink
SEC. 155. STUDY OF END-OF-USEFUL LIFE OPTIONS FOR MOTOR VEHICLE BATTERIES.
(a) In General- In combination with the research, demonstration, and deployment activities conducted under section 641(k) of the Energy Independence and Security Act of 2007 (
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including recommendations for stationary storage applications and recyclability design specifications.CommentsClose CommentsPermalink
TITLE II--ENHANCED ENERGY EFFICIENCYCommentsClose CommentsPermalink
TITLE II--ENHANCED ENERGY EFFICIENCYCommentsClose CommentsPermalink
Subtitle A--Manufacturing Energy EfficiencyCommentsClose CommentsPermalink
Subtitle A--Manufacturing Energy EfficiencyCommentsClose CommentsPermalink
SEC. 201. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY REVOLVING LOAN PROGRAM.
Section 399A of the Energy Policy and Conservation Act (
(1) in the section heading, by inserting ‘and industry’ before the period at the end;CommentsClose CommentsPermalink
(2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; andCommentsClose CommentsPermalink
(3) by inserting after subsection (g) the following:CommentsClose CommentsPermalink
‘(h) State Partnership Industrial Energy Efficiency Revolving Loan Program-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall carry out a program under which the Secretary shall provide grants to eligible lenders to pay the Federal share of creating a revolving loan program under which loans are provided to commercial and industrial manufacturers to implement commercially available technologies or processes that significantly--CommentsClose CommentsPermalink
‘(A) reduce systems energy intensity, including the use of energy intensive feedstocks; andCommentsClose CommentsPermalink
‘(B) improve the industrial competitiveness of the United States.CommentsClose CommentsPermalink
‘(2) ELIGIBLE LENDERS- To be eligible to receive cost-matched Federal funds under this subsection, a lender shall--CommentsClose CommentsPermalink
‘(A) be a community and economic development lender that the Secretary certifies meets the requirements of this subsection;CommentsClose CommentsPermalink
‘(B) lead a partnership that includes participation by, at a minimum--CommentsClose CommentsPermalink
‘(i) a State government agency; andCommentsClose CommentsPermalink
‘(ii) a private financial institution or other provider of loan capital;CommentsClose CommentsPermalink
‘(C) submit an application to the Secretary, and receive the approval of the Secretary, for cost-matched Federal funds to carry out a loan program described in paragraph (1); andCommentsClose CommentsPermalink
‘(D) ensure that non-Federal funds are provided to match, on at least a dollar-for-dollar basis, the amount of Federal funds that are provided to carry out a revolving loan program described in paragraph (1).CommentsClose CommentsPermalink
‘(3) AWARD- The amount of cost-matched Federal funds provided to an eligible lender shall not exceed $100,000,000 for any fiscal year.CommentsClose CommentsPermalink
‘(4) RECAPTURE OF AWARDS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An eligible lender that receives an award under paragraph (1) shall be required to repay to the Secretary an amount of cost-match Federal funds, as determined by the Secretary under subparagraph (B), if the eligible lender is unable or unwilling to operate a program described in this subsection for a period of not less than 10 years beginning on the date on which the eligible lender first receives funds made available through the award.CommentsClose CommentsPermalink
‘(B) DETERMINATION BY SECRETARY- The Secretary shall determine the amount of cost-match Federal funds that an eligible lender shall be required to repay to the Secretary under subparagraph (A) based on the consideration by the Secretary of--CommentsClose CommentsPermalink
‘(i) the amount of non-Federal funds matched by the eligible lender;CommentsClose CommentsPermalink
‘(ii) the amount of loan losses incurred by the revolving loan program described in paragraph (1); andCommentsClose CommentsPermalink
‘(iii) any other appropriate factor, as determined by the Secretary.CommentsClose CommentsPermalink
‘(C) USE OF RECAPTURED COST-MATCH FEDERAL FUNDS- The Secretary may distribute to eligible lenders under this subsection each amount received by the Secretary under this paragraph.CommentsClose CommentsPermalink
‘(5) ELIGIBLE PROJECTS- A program for which cost-matched Federal funds are provided under this subsection shall be designed to accelerate the implementation of industrial and commercial applications of technologies or processes that--CommentsClose CommentsPermalink
‘(A) improve energy efficiency;CommentsClose CommentsPermalink
‘(B) enhance the industrial competitiveness of the United States; andCommentsClose CommentsPermalink
‘(C) achieve such other goals as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
‘(6) EVALUATION- The Secretary shall evaluate applications for cost-matched Federal funds under this subsection on the basis of--CommentsClose CommentsPermalink
‘(A) the description of the program to be carried out with the cost-matched Federal funds;CommentsClose CommentsPermalink
‘(B) the commitment to provide non-Federal funds in accordance with paragraph (2)(D);CommentsClose CommentsPermalink
‘(C) program sustainability over a 10-year period;CommentsClose CommentsPermalink
‘(D) the capability of the applicant;CommentsClose CommentsPermalink
‘(E) the quantity of energy savings or energy feedstock minimization;CommentsClose CommentsPermalink
‘(F) the advancement of the goal under this Act of 25-percent energy avoidance;CommentsClose CommentsPermalink
‘(G) the ability to fund energy efficient projects not later than 120 days after the date of the grant award; andCommentsClose CommentsPermalink
‘(H) such other factors as the Secretary determines appropriate.CommentsClose CommentsPermalink
‘(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $500,000,000 for each of fiscal years 2010 through 2012.’.CommentsClose CommentsPermalink
SEC. 202. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES FOR INDUSTRY.
(a) In General- As part of the research and development activities of the Industrial Technologies Program of the Department of Energy, the Secretary shall establish, as appropriate, collaborative research and development partnerships with other programs within the Office of Energy Efficiency and Renewable Energy, including the Building Technologies Program, the Office of Electricity Delivery and Energy Reliability, and programs of the Office of Science--CommentsClose CommentsPermalink
(1) to leverage the research and development expertise of those programs to promote early stage energy efficiency technology development; andCommentsClose CommentsPermalink
(2) to apply the knowledge and expertise of the Industrial Technologies Program to help achieve the program goals of the other programs.CommentsClose CommentsPermalink
(b) Reports- Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions.CommentsClose CommentsPermalink
SEC. 203. ENERGY EFFICIENT TECHNOLOGIES ASSESSMENT.
(a) In General- Not later than 60 days after the date of enactment of this Act, the Secretary shall commence an assessment of commercially available, cost competitive energy efficiency technologies that are not widely implemented within the United States for the energy intensive industries of--CommentsClose CommentsPermalink
(1) steel;CommentsClose CommentsPermalink
(2) aluminum;CommentsClose CommentsPermalink
(3) forest and paper products;CommentsClose CommentsPermalink
(4) food processing;CommentsClose CommentsPermalink
(5) metal casting;CommentsClose CommentsPermalink
(6) glass;CommentsClose CommentsPermalink
(7) chemicals;CommentsClose CommentsPermalink
(8) petroleum refining;CommentsClose CommentsPermalink
(9) cement;CommentsClose CommentsPermalink
(10) information and communication technologies; andCommentsClose CommentsPermalink
(11) other industries that (as determined by the Secretary)--CommentsClose CommentsPermalink
(A) use large quantities of energy;CommentsClose CommentsPermalink
(B) emit large quantities of greenhouse gases; orCommentsClose CommentsPermalink
(C) use a rapidly increasing quantity of energy.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall publish a report, based on the assessment conducted under subsection (a), that contains--CommentsClose CommentsPermalink
(1) a detailed inventory describing the cost, energy, and greenhouse gas emission savings of each technology described in subsection (a);CommentsClose CommentsPermalink
(2) for each technology, the total cost, energy, and greenhouse gas emissions savings if the technology is implemented throughout the industry of the United States;CommentsClose CommentsPermalink
(3) for each industry, an assessment of total possible cost, energy, and greenhouse gas emissions savings possible if state-of-the art, cost-competitive, commercial energy efficiency technologies were adopted; andCommentsClose CommentsPermalink
(4) for each industry, a comparison to the European Union, Japan, and other appropriate countries of energy efficiency technology adoption rates, as determined by the Secretary.CommentsClose CommentsPermalink
SEC. 204. FUTURE OF INDUSTRY PROGRAM.
(a) In General- Section 452(c)(2) of the Energy Independence and Security Act of 2007 (
(b) Industry-specific Road Maps- Section 452(c)(2) of the Energy Independence and Security Act of 2007 (
(1) in subparagraph (E), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink
‘(F) research to establish (through the Industrial Technologies Program and in collaboration with energy-intensive industries) a road map process under which--CommentsClose CommentsPermalink
‘(i) industry-specific studies are conducted to determine the intensity of energy use, greenhouse gas emissions, and waste and operating costs, by process and subprocess;CommentsClose CommentsPermalink
‘(ii) near-, mid-, and long-term targets of opportunity are established for synergistic improvements in efficiency, sustainability, and resilience; andCommentsClose CommentsPermalink
‘(iii) public/private actionable plans are created to achieve roadmap goals; and’.CommentsClose CommentsPermalink
(c) Industrial Research and Assessment Centers-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 452(e) of the Energy Independence and Security Act of 2007 (
(A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;CommentsClose CommentsPermalink
(B) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’;CommentsClose CommentsPermalink
(C) in subparagraph (A) (as redesignated by subparagraph (A)), by inserting before the semicolon at the end the following: ‘, including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, industrial and manufacturing processes, and other purposes’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) CENTERS OF EXCELLENCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall establish a Center of Excellence at up to 10 of the highest performing industrial research and assessment centers, as determined by the Secretary.CommentsClose CommentsPermalink
‘(B) DUTIES- A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence.CommentsClose CommentsPermalink
‘(C) FUNDING- Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to support each Center of Excellence not less than $500,000 for fiscal year 2010 and each fiscal year thereafter, as determined by the Secretary.CommentsClose CommentsPermalink
‘(3) EXPANSION OF CENTERS- The Secretary shall provide funding to establish additional industrial research and assessment centers at institutions of higher education that do not have industrial research and assessment centers established under paragraph (1), taking into account the size of, and potential energy efficiency savings for, the manufacturing base within the region of the proposed center.CommentsClose CommentsPermalink
‘(4) COORDINATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- To increase the value and capabilities of the industrial research and assessment centers, the centers shall--CommentsClose CommentsPermalink
‘(i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Science and Technology;CommentsClose CommentsPermalink
‘(ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers;CommentsClose CommentsPermalink
‘(iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs;CommentsClose CommentsPermalink
‘(iv) identify opportunities for reducing greenhouse gas emissions; andCommentsClose CommentsPermalink
‘(v) promote sustainable manufacturing practices for small- and medium-sized manufacturers.CommentsClose CommentsPermalink
‘(5) OUTREACH- The Secretary shall provide funding for--CommentsClose CommentsPermalink
‘(A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; andCommentsClose CommentsPermalink
‘(B) a full-time equivalent employee at each center of excellence whose primary mission shall be to coordinate and leverage the efforts of the center with--CommentsClose CommentsPermalink
‘(i) Federal and State efforts;CommentsClose CommentsPermalink
‘(ii) the efforts of utilities; andCommentsClose CommentsPermalink
‘(iii) the efforts of other centers in the region of the center of excellence.CommentsClose CommentsPermalink
‘(6) WORKFORCE TRAINING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall pay the Federal share of associated internship programs under which students work with industries and manufactures to implement the recommendations of industrial research and assessment centers.CommentsClose CommentsPermalink
‘(B) FEDERAL SHARE- The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent.CommentsClose CommentsPermalink
‘(C) FUNDING- Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to carry out this paragraph not less than $5,000,000 for fiscal year 2010 and each fiscal year thereafter.CommentsClose CommentsPermalink
‘(7) SMALL BUSINESS LOANS- The Administrator of the Small Business Administration shall, to the maximum practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (
15 U.S.C. 631 et seq.) to implement recommendations of industrial research and assessment centers established under paragraph (1).’.CommentsClose CommentsPermalink
(d) Future of Industry Program- Section 452(f) of the Energy Independence and Security Act of 2007 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (C), by striking ‘$196,000,000’ and inserting ‘$216,000,000’;CommentsClose CommentsPermalink
(B) in subparagraph (D), by striking ‘$202,000,000’ and inserting ‘$232,000,000’; andCommentsClose CommentsPermalink
(C) in subparagraph (E), by striking ‘$208,000,000’ and inserting ‘$248,000,000’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS- Of the amounts made available under paragraph (1), the Secretary shall use to provide funding to industrial research and assessment centers under subsection (e) not less than--CommentsClose CommentsPermalink
‘(A) $20,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(B) $30,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(C) $40,000,000 for fiscal year 2012 and each fiscal year thereafter.’.CommentsClose CommentsPermalink
SEC. 205. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General- Part E of title III of the Energy Policy and Conservation Act (
‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
‘(a) In General- As part of the Industrial Technologies Program of the Department of Energy, the Secretary shall carry out a sustainable manufacturing initiative under which the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for--CommentsClose CommentsPermalink
‘(1) maximizing the energy efficiency of systems;CommentsClose CommentsPermalink
‘(2) preventing pollution and minimizing waste;CommentsClose CommentsPermalink
‘(3) reducing the use of water in manufacturing processes;CommentsClose CommentsPermalink
‘(4) conserving natural resources; andCommentsClose CommentsPermalink
‘(5) achieving such other goals as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
‘(b) Coordination- The Secretary shall carry out the initiative in coordination with appropriate agencies, including the National Institute of Standards and Technology.CommentsClose CommentsPermalink
‘(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes- As part of the Industrial Technologies Program of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to conduct research and development of new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of systems, reduce pollution, and conserve natural resources.CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.’.CommentsClose CommentsPermalink
(b) Table of Contents- 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 E of title III the following:CommentsClose CommentsPermalink
‘Sec. 376. Sustainable manufacturing initiative.’.CommentsClose CommentsPermalink
SEC. 206. INNOVATION IN INDUSTRY GRANTS.
Section 1008 of the Energy Policy Act of 2005 (
‘(g) Innovation in Industry Grants-CommentsClose CommentsPermalink
‘(1) IN GENERAL- As part of the program under this section, the Secretary shall carry out a program to pay the Federal share of competitively awarding grants to State-industry partnerships in accordance with this subsection to develop, demonstrate, and commercialize new technologies or processes for industries that significantly--CommentsClose CommentsPermalink
‘(A) reduce energy use and energy intensive feedstocks;CommentsClose CommentsPermalink
‘(B) reduce pollution and greenhouse gas emissions;CommentsClose CommentsPermalink
‘(C) reduce industrial waste; andCommentsClose CommentsPermalink
‘(D) improve domestic industrial cost competitiveness.CommentsClose CommentsPermalink
‘(2) ADMINISTRATION-CommentsClose CommentsPermalink
‘(A) APPLICATIONS- A State-industry partnership seeking a grant under this subsection shall submit to the Secretary an application for a grant to carry out a project to demonstrate an innovative energy efficiency technology or process described in paragraph (1).CommentsClose CommentsPermalink
‘(B) COST SHARING- To be eligible to receive a grant under this subsection, a State-industry partnership shall agree to match, on at least a dollar-for-dollar basis, the amount of Federal funds that are provided to carry out the project.CommentsClose CommentsPermalink
‘(C) GRANT- The Secretary shall provide to a State-industry partnership selected under this subsection a 1-time grant of not more than $500,000 to initiate the project.CommentsClose CommentsPermalink
‘(3) ELIGIBLE PROJECTS- A project for which a grant is received under this subsection shall be designed to demonstrate successful--CommentsClose CommentsPermalink
‘(A) industrial applications of energy efficient technologies or processes that reduce costs to industry and prevent pollution and greenhouse gas releases; orCommentsClose CommentsPermalink
‘(B) energy efficiency improvements in material inputs, processes, or waste streams to enhance the industrial competitiveness of the United States.CommentsClose CommentsPermalink
‘(4) EVALUATION- The Secretary shall evaluate applications for grants under this subsection on the basis of--CommentsClose CommentsPermalink
‘(A) the description of the concept;CommentsClose CommentsPermalink
‘(B) cost-efficiency;CommentsClose CommentsPermalink
‘(C) the capability of the applicant;CommentsClose CommentsPermalink
‘(D) the quantity of energy savings;CommentsClose CommentsPermalink
‘(E) the commercialization or marketing plan; andCommentsClose CommentsPermalink
‘(F) such other factors as the Secretary determines to be appropriate.’.CommentsClose CommentsPermalink
SEC. 207. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING CAPABILITIES IN THE UNITED STATES.
(a) In General- Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study of the development of advanced manufacturing capabilities for various energy technologies, including--CommentsClose CommentsPermalink
(1) an assessment of the manufacturing supply chains of established and emerging industries;CommentsClose CommentsPermalink
(2) an analysis of--CommentsClose CommentsPermalink
(A) the manner in which supply chains have changed over the 25-year period ending on the date of enactment of this Act;CommentsClose CommentsPermalink
(B) current trends in supply chains; andCommentsClose CommentsPermalink
(C) the energy intensity of each part of the supply chain and opportunities for improvement;CommentsClose CommentsPermalink
(3) for each technology or manufacturing sector, an analysis of which sections of the supply chain are critical for the United States to retain or develop to be competitive in the manufacturing of the technology;CommentsClose CommentsPermalink
(4) an assessment of which emerging energy technologies the United States should focus on to create or enhance manufacturing capabilities; andCommentsClose CommentsPermalink
(5) recommendations on leveraging the expertise of energy efficiency and renewable energy user facilities so that best materials and manufacturing practices are designed and implemented.CommentsClose CommentsPermalink
(b) Report- Not later than 2 years after the date on which the Secretary enters into the agreement with the Academy described in subsection (a), the Academy shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary a report describing the results of the study required under this section, including any findings and recommendations.CommentsClose CommentsPermalink
SEC. 208. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.
The Secretary shall establish an advisory steering committee to provide recommendations to the Secretary on planning and implementation of the Industrial Technologies Program of the Department of Energy.CommentsClose CommentsPermalink
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle B--Improved Efficiency in Appliances and EquipmentCommentsClose CommentsPermalink
Subtitle B--Improved Efficiency in Appliances and EquipmentCommentsClose CommentsPermalink
SEC. 221. TEST PROCEDURE PETITION PROCESS.
(a) Consumer Products Other Than Automobiles- Section 323(b)(1) of the Energy Policy and Conservation Act (
(1) in subparagraph (A)(i), by striking ‘amend’ and inserting ‘publish in the Federal Register amended’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) PETITIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In the case of any covered product, any person may petition the Secretary to conduct a rulemaking--CommentsClose CommentsPermalink
‘(I) to prescribe a test procedure for the covered product; orCommentsClose CommentsPermalink
‘(II) to amend the test procedures applicable to the covered product to more accurately or fully comply with paragraph (3).CommentsClose CommentsPermalink
‘(ii) DETERMINATION- The Secretary shall--CommentsClose CommentsPermalink
‘(I) not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; andCommentsClose CommentsPermalink
‘(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition.CommentsClose CommentsPermalink
‘(iii) BASIS- The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately or fully comply with paragraph (3).CommentsClose CommentsPermalink
‘(iv) EFFECT ON OTHER REQUIREMENTS- The granting of a petition by the Secretary under this subparagraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraph (3).CommentsClose CommentsPermalink
‘(v) RULEMAKING-CommentsClose CommentsPermalink
‘(I) IN GENERAL- Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method.CommentsClose CommentsPermalink
‘(II) EXTENSION- The Secretary may extend the period described in subclause (I) for 1 additional year.CommentsClose CommentsPermalink
‘(III) DIRECT FINAL RULE- The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p)(4).’.CommentsClose CommentsPermalink
(b) Certain Industrial Equipment- Section 343 of the Energy Policy and Conservation Act (
(1) in subsection (a), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) AMENDMENT AND PETITION PROCESS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- At least once every 7 years, the Secretary shall review test procedures for all covered equipment and--CommentsClose CommentsPermalink
‘(i) publish in the Federal Register amended test procedures with respect to any covered equipment, if the Secretary determines that amended test procedures would more accurately or fully comply with paragraphs (2) and (3); orCommentsClose CommentsPermalink
‘(ii) publish notice in the Federal Register of any determination not to amend a test procedure.CommentsClose CommentsPermalink
‘(B) PETITIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In the case of any class or category of covered equipment, any person may petition the Secretary to conduct a rulemaking--CommentsClose CommentsPermalink
‘(I) to prescribe a test procedure for the covered equipment; orCommentsClose CommentsPermalink
‘(II) to amend the test procedures applicable to the covered equipment to more accurately or fully comply with paragraphs (2) and (3).CommentsClose CommentsPermalink
‘(ii) DETERMINATION- The Secretary shall--CommentsClose CommentsPermalink
‘(I) not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; andCommentsClose CommentsPermalink
‘(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition.CommentsClose CommentsPermalink
‘(iii) BASIS- The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately promote energy or water use efficiency.CommentsClose CommentsPermalink
‘(iv) EFFECT ON OTHER REQUIREMENTS- The granting of a petition by the Secretary under this paragraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraphs (2) and (3).CommentsClose CommentsPermalink
‘(v) RULEMAKING-CommentsClose CommentsPermalink
‘(I) IN GENERAL- Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method.CommentsClose CommentsPermalink
‘(II) EXTENSION- The Secretary may extend the period described in subclause (I) for 1 additional year.CommentsClose CommentsPermalink
‘(III) DIRECT FINAL RULE- The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p).’;CommentsClose CommentsPermalink
(2) by striking subsection (c); andCommentsClose CommentsPermalink
(3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.CommentsClose CommentsPermalink
SEC. 222. ENERGY STAR PROGRAM.
(a) Division of Responsibilities- Section 324A(b) of the Energy Policy and Conservation Act (
(1) by striking ‘Responsibilities’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- Responsibilities’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) UPDATE- Not later than 180 days after the date of enactment of this paragraph, the Secretary and the Administrator shall update the agreements described in paragraph (1), including agreements on provisions that provide--CommentsClose CommentsPermalink
‘(A) a clear delineation of the roles and responsibilities of each agency that is based on the resources and areas of expertise of each agency;CommentsClose CommentsPermalink
‘(B) a formal process for high-level decisionmaking that allows each agency to make specific programmatic decisions based on the program approaches of each agency;CommentsClose CommentsPermalink
‘(C) a facilitated annual planning meeting that establishes strategic priorities and goals for the coming year;CommentsClose CommentsPermalink
‘(D) a prescribed course of action to work through differences and disagreements;CommentsClose CommentsPermalink
‘(E) a facilitated biannual program review conducted by a third-party that--CommentsClose CommentsPermalink
‘(i) incorporates an assessment of program progress, partner acceptance, the achievement of program goals, and future strategic planning; andCommentsClose CommentsPermalink
‘(ii) is evaluated by the Council on Environmental Quality, which shall appraise the findings in the review and work with the agencies to resolve any negative findings; andCommentsClose CommentsPermalink
‘(F) a sunset date for the new agreement and a timetable for establishing future agreements based on priorities at that time.’.CommentsClose CommentsPermalink
(b) Duties- Section 324A(c) of the Energy Policy and Conservation Act (
(1) in paragraph (6), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(2) in paragraph (7), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(8)(A) review each product category--CommentsClose CommentsPermalink
‘(i) at least once every 3 years; orCommentsClose CommentsPermalink
‘(ii) when market share for an Energy Star product category reaches 35 percent;CommentsClose CommentsPermalink
‘(B) based on the review--CommentsClose CommentsPermalink
‘(i) update and publish the Energy Star product criteria for the category; orCommentsClose CommentsPermalink
‘(ii) publish a finding that no update is justified with the explanation for the finding;CommentsClose CommentsPermalink
‘(C) require that--CommentsClose CommentsPermalink
‘(i) industry consensus test methods established by the Department of Energy shall--CommentsClose CommentsPermalink
‘(I) take into consideration test procedures or rating procedures developed by industry standards organizations; andCommentsClose CommentsPermalink
‘(II) be used for all solid-state lighting products, including--CommentsClose CommentsPermalink
‘(aa) integral luminaries;CommentsClose CommentsPermalink
‘(bb) integral replacement lamps;CommentsClose CommentsPermalink
‘(cc) light engines; andCommentsClose CommentsPermalink
‘(ii) in accordance with the commercialization support provisions of section 912 of the Energy Policy Act of 2005 (
42 U.S.C. 16192 ), the Department of Energy shall assume all responsibility for the implementation of an Energy Star program for solid-state lighting; andCommentsClose CommentsPermalink‘(D) during the initial review for each product category, establish an alternative market share to trigger subsequent reviews, based on product-specific technology and market attributes;CommentsClose CommentsPermalink
‘(9) require a demonstration of compliance with the Energy Star criteria by qualified products, except that--CommentsClose CommentsPermalink
‘(A) the demonstration shall be conducted in accordance with appropriate methods determined for each product type by the Secretary or the Administrator of the Environmental Protection Agency (as appropriate), including--CommentsClose CommentsPermalink
‘(i) third-party verification;CommentsClose CommentsPermalink
‘(ii) third-party certification;CommentsClose CommentsPermalink
‘(iii) purchase and testing of products from the market; orCommentsClose CommentsPermalink
‘(iv) other verified testing and compliance approaches; andCommentsClose CommentsPermalink
‘(B) the Secretary or Administrator may exempt specific types of products from the requirements of this subparagraph if the Secretary or Administrator finds that--CommentsClose CommentsPermalink
‘(i) the benefits to the Energy Star program of verifying product performance are substantially exceeded by the burdens; orCommentsClose CommentsPermalink
‘(ii) there are no benefits to the Energy Star program; andCommentsClose CommentsPermalink
‘(10) develop and publish standardized building energy audit methods.’.CommentsClose CommentsPermalink
(c) Funding- Section 324A of the Energy Policy and Conservation Act (
‘(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
‘(1) to the Department of Energy $25,000,000 for each fiscal year; andCommentsClose CommentsPermalink
‘(2) to the Environmental Protection Agency $100,000,000 for each fiscal year.’.CommentsClose CommentsPermalink
SEC. 223. PETITION FOR AMENDED STANDARDS.
Section 325(n) of the Energy Policy and Conservation Act (
(1) by redesignating paragraph (3) as paragraph (5); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) NOTICE OF DECISION- Not later than 180 days after the date of receiving a petition, the Secretary shall publish in the Federal Register a notice of, and explanation for, the decision of the Secretary to grant or deny the petition.CommentsClose CommentsPermalink
‘(4) NEW OR AMENDED STANDARDS- Not later than 3 years after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register--CommentsClose CommentsPermalink
‘(A) a final rule that contains the new or amended standards; orCommentsClose CommentsPermalink
‘(B) a determination that no new or amended standards are necessary.’.CommentsClose CommentsPermalink
SEC. 224. PORTABLE LIGHT FIXTURES.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (
‘(67) ART WORK LIGHT FIXTURE- The term ‘art work light fixture’ means a light fixture designed only to be mounted directly to an art work and for the purpose of illuminating that art work.CommentsClose CommentsPermalink
‘(68) LED LIGHT ENGINE- The term ‘LED light engine’ or ‘LED light engine with integral heat sink’ means a subsystem of an LED light fixture that--CommentsClose CommentsPermalink
‘(A) includes 1 or more LED components, including--CommentsClose CommentsPermalink
‘(i) an LED driver power source with electrical and mechanical interfaces; andCommentsClose CommentsPermalink
‘(ii) an integral heat sink to provide thermal dissipation; andCommentsClose CommentsPermalink
‘(B) may be designed to accept additional components that provide aesthetic, optical, and environmental control.CommentsClose CommentsPermalink
‘(69) LED LIGHT FIXTURE- The term ‘LED light fixture’ means a complete lighting unit consisting of--CommentsClose CommentsPermalink
‘(A) an LED light source with 1 or more LED lamps or LED light engines; andCommentsClose CommentsPermalink
‘(B) parts--CommentsClose CommentsPermalink
‘(i) to distribute the light;CommentsClose CommentsPermalink
‘(ii) to position and protect the light source; andCommentsClose CommentsPermalink
‘(iii) to connect the light source to electrical power.CommentsClose CommentsPermalink
‘(70) LIGHT FIXTURE- The term ‘light fixture’ means a product designed to provide light that includes--CommentsClose CommentsPermalink
‘(A) at least 1 lamp socket; andCommentsClose CommentsPermalink
‘(B) parts--CommentsClose CommentsPermalink
‘(i) to distribute the light;CommentsClose CommentsPermalink
‘(ii) position and protect 1 or more lamps; andCommentsClose CommentsPermalink
‘(iii) to connect 1 or more lamps to a power supply.CommentsClose CommentsPermalink
‘(71) PORTABLE LIGHT FIXTURE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘portable light fixture’ means a light fixture that has a flexible cord and an attachment plug for connection to a nominal 120-volt circuit that--CommentsClose CommentsPermalink
‘(i) allows the user to relocate the product without any rewiring; andCommentsClose CommentsPermalink
‘(ii) typically can be controlled with a switch located on the product or the power cord of the product.CommentsClose CommentsPermalink
‘(B) EXCLUSIONS- The term ‘portable light fixture’ does not include--CommentsClose CommentsPermalink
‘(i) direct plug-in night lights, sun or heat lamps, medical or dental lights, portable electric hand lamps, signs or commercial advertising displays, photographic lamps, germicidal lamps, or light fixtures for marine use or for use in hazardous locations (as those terms are defined in ANSI/NFPA 70 of the National Electrical Code); orCommentsClose CommentsPermalink
‘(ii) decorative lighting strings, decorative lighting outfits, or electric candles or candelabra without lamp shades that are covered by Underwriter Laboratories (UL) standard 588, ‘Seasonal and Holiday Decorative Products’.’.CommentsClose CommentsPermalink
(b) Coverage-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 322(a) of the Energy Policy and Conservation Act (
(A) by redesignating paragraph (20) as paragraph (21); andCommentsClose CommentsPermalink
(B) by inserting after paragraph (19) the following:CommentsClose CommentsPermalink
‘(20) Portable light fixtures.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 325(l) of the Energy Policy and Conservation Act (
(c) Test Procedures- Section 323(b) of the Energy Policy and Conservation Act (
‘(19) LED FIXTURES AND LED LIGHT ENGINES- Test procedures for LED fixtures and LED light engines shall be based on Illuminating Engineering Society of North America test procedure LM-79, Approved Method for Electrical and Photometric Testing of Solid-State Lighting Devices and an IES-approved test procedure for testing LED light engines.’.CommentsClose CommentsPermalink
(d) Standards- Section 325 of the Energy Policy and Conservation Act (
(1) by redesignating subsection (ii) as subsection (kk); andCommentsClose CommentsPermalink
(2) by inserting after subsection (hh) the following:CommentsClose CommentsPermalink
‘(ii) Portable Light Fixtures-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraphs (2) and (3), portable light fixtures manufactured on or after January 1, 2012, shall meet 1 or more of the following requirements:CommentsClose CommentsPermalink
‘(A) Be a fluorescent light fixture that meets the requirements of the Energy Star Program for Residential Light Fixtures, Version 4.2.CommentsClose CommentsPermalink
‘(B) Be equipped with only 1 or more GU-24 line-voltage sockets, not be rated for use with incandescent lamps of any type (as defined in ANSI standards), and meet the requirements of version 4.2 of the Energy Star program for residential light fixtures.CommentsClose CommentsPermalink
‘(C) Be an LED light fixture or a light fixture with an LED light engine and comply with the following minimum requirements:CommentsClose CommentsPermalink
‘(i) Minimum light output: 200 lumens (initial).CommentsClose CommentsPermalink
‘(ii) Minimum LED light engine efficacy: 40 lumens/watt installed in fixtures that meet the minimum light fixture efficacy of 29 lumens/watt or, alternatively, a minimum LED light engine efficacy of 60 lumens/watt for fixtures that do not meet the minimum light fixture efficacy of 29 lumens/watt.CommentsClose CommentsPermalink
‘(iii) All portable fixtures shall have a minimum LED light fixture efficacy of 29 lumens/watt and a minimum LED light engine efficacy of 60 lumens/watt by January 1, 2016.CommentsClose CommentsPermalink
‘(iv) Color Correlated Temperature (CCT): 2700K through 4000K.CommentsClose CommentsPermalink
‘(v) Minimum Color Rendering Index (CRI): 75.CommentsClose CommentsPermalink
‘(vi) Power factor equal to or greater than 0.70.CommentsClose CommentsPermalink
‘(vii) Portable luminaries that have internal power supplies shall have zero standby power when the luminaire is turned off.CommentsClose CommentsPermalink
‘(viii) LED light sources shall deliver at least 70 percent of initial lumens for at least 25,000 hours.CommentsClose CommentsPermalink
‘(D)(i) Be equipped with an ANSI-designated E12, E17, or E26 screw-based socket and be prepackaged and sold together with 1 screw-based compact fluorescent lamp or screw-based LED lamp for each screw-based socket on the portable light fixture.CommentsClose CommentsPermalink
‘(ii) The compact fluorescent or LED lamps prepackaged with the light fixture shall be fully compatible with any light fixture controls incorporated into the light fixture (for example, light fixtures with dimmers shall be packed with dimmable lamps).CommentsClose CommentsPermalink
‘(iii) Compact fluorescent lamps prepackaged with light fixtures shall meet the requirements of the Energy Star Program for CFLs Version 4.0.CommentsClose CommentsPermalink
‘(iv) Screw-based LED lamps shall comply with the minimum requirements described in subparagraph (C).CommentsClose CommentsPermalink
‘(E) Be equipped with 1 or more single-ended, non-screw based halogen lamp sockets (line or low voltage), a dimmer control or high-low control, and be rated for a maximum of 100 watts.CommentsClose CommentsPermalink
‘(2) REVIEW-CommentsClose CommentsPermalink
‘(A) REVIEW- The Secretary shall review the criteria and standards established under paragraph (1) to determine if revised standards are technologically feasible and economically justified.CommentsClose CommentsPermalink
‘(B) COMPONENTS- The review shall include consideration of--CommentsClose CommentsPermalink
‘(i) whether a separate compliance procedure is still needed for halogen fixtures described in subparagraph (E) and, if necessary, what an appropriate standard for halogen fixtures shall be;CommentsClose CommentsPermalink
‘(ii) which of the specific technical criteria described in subparagraphs (A), (C), and (D)(iii) should be modified; andCommentsClose CommentsPermalink
‘(iii) which fixtures should be exempted from the light fixture efficacy standard as of January 1, 2016, because the fixtures are primarily decorative in nature (as defined by the Secretary) and, even if exempted, are likely to be sold in limited quantities.CommentsClose CommentsPermalink
‘(C) TIMING-CommentsClose CommentsPermalink
‘(i) DETERMINATION- Not later than January 1, 2014, the Secretary shall publish amended standards, or a determination that no amended standards are justified, under this subsection.CommentsClose CommentsPermalink
‘(ii) STANDARDS- Any standards under this subsection take effect on January 1, 2016.CommentsClose CommentsPermalink
‘(3) ART WORK LIGHT FIXTURES- Art work light fixtures manufactured on or after January 1, 2012, shall--CommentsClose CommentsPermalink
‘(A) comply with paragraph (1); orCommentsClose CommentsPermalink
‘(B)(i) contain only ANSI-designated E12 screw-based line-voltage sockets;CommentsClose CommentsPermalink
‘(ii) have not more than 3 sockets;CommentsClose CommentsPermalink
‘(iii) be controlled with an integral high/low switch;CommentsClose CommentsPermalink
‘(iv) be rated for not more than 25 watts if fitted with 1 socket; andCommentsClose CommentsPermalink
‘(v) be rated for not more than 15 watts per socket if fitted with 2 or 3 sockets.CommentsClose CommentsPermalink
‘(4) EXCEPTION FROM PREEMPTION- Notwithstanding section 327, Federal preemption shall not apply to a regulation concerning portable light fixtures adopted by the California Energy Commission on or before January 1, 2014.’.CommentsClose CommentsPermalink
SEC. 225. GU-24 BASE LAMPS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (
‘(72) GU-24- The term ‘GU-24’ means the designation of a lamp socket, based on a coding system by the International Electrotechnical Commission, under which--CommentsClose CommentsPermalink
‘(A) ‘G’ indicates a holder and socket type with 2 or more projecting contacts, such as pins or posts;CommentsClose CommentsPermalink
‘(B) ‘U’ distinguishes between lamp and holder designs of similar type that are not interchangeable due to electrical or mechanical requirements; andCommentsClose CommentsPermalink
‘(C) 24 indicates the distance in millimeters between the electrical contact posts.CommentsClose CommentsPermalink
‘(73) GU-24 ADAPTOR-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘GU-24 Adaptor’ means a 1-piece device, pig-tail, wiring harness, or other such socket or base attachment that--CommentsClose CommentsPermalink
‘(i) connects to a GU-24 socket on 1 end and provides a different type of socket or connection on the other end; andCommentsClose CommentsPermalink
‘(ii) does not alter the voltage.CommentsClose CommentsPermalink
‘(B) EXCLUSION- The term ‘GU-24 Adaptor’ does not include a fluorescent ballast with a GU-24 base.CommentsClose CommentsPermalink
‘(74) GU-24 BASE LAMP- ‘GU-24 base lamp’ means a light bulb designed to fit in a GU-24 socket.’.CommentsClose CommentsPermalink
(b) Standards- Section 325 of the Energy Policy and Conservation Act (
‘(jj) GU-24 Base Lamps-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A GU-24 base lamp shall not be an incandescent lamp as defined by ANSI.CommentsClose CommentsPermalink
‘(2) GU-24 ADAPTORS- GU-24 adaptors shall not adapt a GU-24 socket to any other line voltage socket.’.CommentsClose CommentsPermalink
SEC. 226. STANDARDS FOR CERTAIN INCANDESCENT REFLECTOR LAMPS AND REFLECTOR LAMPS.
Section 325(i) of the Energy Policy and Conservation Act (
‘(9) CERTAIN INCANDESCENT REFLECTOR LAMPS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than July 1, 2011, the Secretary shall publish a final rule establishing standards for incandescent reflector lamp types described in paragraph (1)(C).CommentsClose CommentsPermalink
‘(B) EFFECTIVE DATE- The standards described in subparagraph (A) shall take effect on July 1, 2013.CommentsClose CommentsPermalink
‘(C) STANDARDS- In conducting a rulemaking for incandescent reflector lamps under this paragraph after the date of enactment of this paragraph, the Secretary shall consider the standards for all incandescent reflector lamps, including lamp types described in paragraph (1)(C).CommentsClose CommentsPermalink
‘(10) REFLECTOR LAMPS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than January 1, 2015, the Secretary shall publish a final rule establishing and amending standards for reflector lamps, including incandescent reflector lamps.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- In conducting the rulemaking for reflector lamps under this paragraph, the Secretary shall consider--CommentsClose CommentsPermalink
‘(i) incandescent and nonincandescent technologies; andCommentsClose CommentsPermalink
‘(ii) a new metric, other than lumens per watt, that is based on the photometric distribution of those lamps.CommentsClose CommentsPermalink
‘(C) EFFECTIVE DATE- The standards described in subparagraph (A) shall take effect not earlier than the date that is 3 years after the date of publication of the final rule, as determined by the Secretary.’.CommentsClose CommentsPermalink
SEC. 227. STANDARDS FOR COMMERCIAL FURNACES.
Section 342(a) of the Energy Policy and Conservation Act (
‘(11) Warm air furnaces with an input rating of 225,000 Btu per hour or more and manufactured after January 1, 2011, shall meet the following standard levels:CommentsClose CommentsPermalink
‘(A) Gas-fired units shall--CommentsClose CommentsPermalink
‘(i) have a minimum combustion efficiency of 80 percent;CommentsClose CommentsPermalink
‘(ii) include an interrupted or intermittent ignition device;CommentsClose CommentsPermalink
‘(iii) have jacket losses not exceeding 0.75 percent of the input rating; andCommentsClose CommentsPermalink
‘(iv) have power venting or a flue damper.CommentsClose CommentsPermalink
‘(B) Oil-fired units shall have--CommentsClose CommentsPermalink
‘(i) a minimum thermal efficiency of 81 percent;CommentsClose CommentsPermalink
‘(ii) jacket losses not exceeding 0.75 percent of the input rating; andCommentsClose CommentsPermalink
‘(iii) power venting or a flue damper.’.CommentsClose CommentsPermalink
SEC. 228. MOTOR EFFICIENCY REBATE PROGRAM.
(a) In General- Part C of title III of the Energy Policy and Conservation Act (
‘SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM.
‘(a) Establishment- By not later than January 1, 2010, in accordance with subsection (b), the Secretary shall establish a program to provide rebates for expenditures made by entities--CommentsClose CommentsPermalink
‘(1) for the purchase and installation of a new electric motor that has a nominal full load efficiency that is not less than the nominal full load efficiency as defined in--CommentsClose CommentsPermalink
‘(A) table 12-12 of NEMA Standards Publication MG 1-2006 for random wound motors rated 600 volts or lower; orCommentsClose CommentsPermalink
‘(B) table 12-13 of NEMA Standards Publication MG 1-2006 for form wound motors rated 5000 volts or lower; andCommentsClose CommentsPermalink
‘(2) to replace an installed motor of the entity the specifications of which are established by the Secretary by a date that is not later than 90 days after the date of enactment of this section.CommentsClose CommentsPermalink
‘(b) Requirements-CommentsClose CommentsPermalink
‘(1) APPLICATION- To be eligible to receive a rebate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including--CommentsClose CommentsPermalink
‘(A) demonstrated evidence that the entity purchased an electric motor described in subsection (a)(1) to replace an installed motor described in subsection (a)(2);CommentsClose CommentsPermalink
‘(B) demonstrated evidence that the entity--CommentsClose CommentsPermalink
‘(i) removed the installed motor of the entity from service; andCommentsClose CommentsPermalink
‘(ii) properly disposed the installed motor of the entity; andCommentsClose CommentsPermalink
‘(C) the physical nameplate of the installed motor of the entity.CommentsClose CommentsPermalink
‘(2) AUTHORIZED AMOUNT OF REBATE- The Secretary may provide to an entity that meets each requirement under paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink
‘(A) the nameplate horsepower of the electric motor purchased by the entity in accordance with subsection (a)(1); andCommentsClose CommentsPermalink
‘(B) $25.00.CommentsClose CommentsPermalink
‘(3) PAYMENTS TO DISTRIBUTORS OF QUALIFYING ELECTRIC MOTORS- To assist in the payment for expenses relating to processing and motor core disposal costs, the Secretary shall provide to the distributor of an electric motor described in subsection (a)(1), the purchaser of which received a rebate under this section, an amount equal to the product obtained by multiplying--CommentsClose CommentsPermalink
‘(A) the nameplate horsepower of the electric motor; andCommentsClose CommentsPermalink
‘(B) $5.00.CommentsClose CommentsPermalink
‘(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, to remain available until expended--CommentsClose CommentsPermalink
‘(1) $80,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(2) $75,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(3) $70,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
‘(4) $65,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink
‘(5) $60,000,000 for fiscal year 2014.’.CommentsClose CommentsPermalink
(b) Table of Contents- 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 C of title III the following:CommentsClose CommentsPermalink
‘Sec. 347. Motor efficiency rebate program.’.CommentsClose CommentsPermalink
SEC. 229. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR APPLIANCES.
(a) In General- The Secretary shall conduct a study of the degree of compliance with energy standards for appliances, including an investigation of compliance rates and options for improving compliance, including enforcement.CommentsClose CommentsPermalink
(b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.CommentsClose CommentsPermalink
SEC. 230. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN CERTAIN BUILDINGS.
(a) In General- The Secretary shall conduct a study--CommentsClose CommentsPermalink
(1) of the costs and benefits (including significant energy efficiency, power quality, and other power grid, safety, and environmental benefits) of requiring high-quality, direct current electricity supply in certain buildings; andCommentsClose CommentsPermalink
(2) to determine, if the requirement described in paragraph (1) is imposed, what the policy and role of the Federal Government should be in realizing those benefits.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.CommentsClose CommentsPermalink
SEC. 231. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS PROGRAM.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) electric motor systems account for about half of the electricity used in the United States;CommentsClose CommentsPermalink
(2) electric motor energy use is determined by both the efficiency of the motor and the system in which the motor operates;CommentsClose CommentsPermalink
(3) Federal Government research on motor end use and efficiency opportunities is more than a decade old; andCommentsClose CommentsPermalink
(4) the Census Bureau has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) DEPARTMENT- The term ‘Department’ means the Department of Energy.CommentsClose CommentsPermalink
(2) INTERESTED PARTIES- The term ‘interested parties’ includes--CommentsClose CommentsPermalink
(A) trade associations;CommentsClose CommentsPermalink
(B) motor manufacturers;CommentsClose CommentsPermalink
(C) motor end users;CommentsClose CommentsPermalink
(D) electric utilities; andCommentsClose CommentsPermalink
(E) individuals and entities that conduct energy efficiency programs.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Energy, in consultation with interested parties.CommentsClose CommentsPermalink
(c) Assessment- The Secretary shall conduct an assessment of electric motors and the electric motor market in the United States that shall--CommentsClose CommentsPermalink
(1) include important subsectors of the industrial and commercial electric motor market (as determined by the Secretary), including--CommentsClose CommentsPermalink
(A) the stock of motors and motor-driven equipment;CommentsClose CommentsPermalink
(B) efficiency categories of the motor population; andCommentsClose CommentsPermalink
(C) motor systems that use drives, servos, and other control technologies;CommentsClose CommentsPermalink
(2) characterize and estimate the opportunities for improvement in the energy efficiency of motor systems by market segment, including opportunities for--CommentsClose CommentsPermalink
(A) expanded use of drives, servos, and other control technologies;CommentsClose CommentsPermalink
(B) expanded use of process control, pumps, compressors, fans or blowers, and material handling components; andCommentsClose CommentsPermalink
(C) substitution of existing motor designs with existing and future advanced motor designs, including electronically commutated permanent magnet, interior permanent magnet, and switched reluctance motors; andCommentsClose CommentsPermalink
(3) develop an updated profile of motor system purchase and maintenance practices, including surveying the number of companies that have motor purchase and repair specifications, by company size, number of employees, and sales.CommentsClose CommentsPermalink
(d) Recommendations; Update- Based on the assessment conducted under subsection (c), the Secretary shall--CommentsClose CommentsPermalink
(1) develop--CommentsClose CommentsPermalink
(A) recommendations to update the detailed motor profile on a periodic basis;CommentsClose CommentsPermalink
(B) methods to estimate the energy savings and market penetration that is attributable to the Save Energy Now Program of the Department; andCommentsClose CommentsPermalink
(C) recommendations for the Director of the Census Bureau on market surveys that should be undertaken in support of the motor system activities of the Department; andCommentsClose CommentsPermalink
(2) prepare an update to the Motor Master+ program of the Department.CommentsClose CommentsPermalink
(e) Program- Based on the assessment, recommendations, and update required under subsections (c) and (d), the Secretary shall establish a proactive, national program targeted at motor end-users and delivered in cooperation with interested parties to increase awareness of--CommentsClose CommentsPermalink
(1) the energy and cost-saving opportunities in commercial and industrial facilities using higher efficiency electric motors;CommentsClose CommentsPermalink
(2) improvements in motor system procurement and management procedures in the selection of higher efficiency electric motors and motor-system components, including drives, controls, and driven equipment; andCommentsClose CommentsPermalink
(3) criteria for making decisions for new, replacement, or repair motor and motor system components.CommentsClose CommentsPermalink
SEC. 232. STUDY REGARDING ENERGY SUPERSTAR CONCEPT.
Section 324A of the Energy Policy and Conservation Act (
‘(e) Study Regarding Energy Superstar Concept-CommentsClose CommentsPermalink
‘(1) STUDY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- As soon as practicable after the date of enactment of this subsection, in accordance with subparagraph (B), the Secretary and the Administrator of the Environmental Protection Agency (referred to in this subsection as the ‘heads of the Federal agencies concerned’) shall carry out jointly a study to determine the feasibility and advisability of adding to the Energy Star program of the Environmental Protection Agency and the Department of Energy a component to be known as the ‘Energy Superstar tier’ under which--CommentsClose CommentsPermalink
‘(i) the tier would recognize the top-performing products and buildings (which would include the top approximately 5 percent of the market) that are determined to be products that are cost-effective to consumers; andCommentsClose CommentsPermalink
‘(ii) at least a portion of the Energy Star product categories would be included under the tier.CommentsClose CommentsPermalink
‘(B) REQUIREMENTS- In carrying out the study under subparagraph (A), the heads of the Federal agencies concerned shall--CommentsClose CommentsPermalink
‘(i) examine the costs and benefits, and advantages and disadvantages, of establishing the Energy Superstar tier;CommentsClose CommentsPermalink
‘(ii) survey a sample of program participants (including builders, manufacturers, energy efficiency program operators, and other interested parties) to determine the opinions of the program participants regarding the potential usefulness of the Energy Superstar tier; andCommentsClose CommentsPermalink
‘(iii) conduct an examination to determine whether the Energy Superstar tier will cause an undesirable dilution of the Energy Star brand.CommentsClose CommentsPermalink
‘(2) REPORT- Not later than 1 year after the date of enactment of this subsection, the heads of the Federal agencies concerned shall jointly submit to the appropriate committees of Congress a report that contains each recommendation of the heads of the Federal agencies concerned regarding--CommentsClose CommentsPermalink
‘(A) whether the Energy Superstar tier should be established; andCommentsClose CommentsPermalink
‘(B) if the heads of the Federal agencies concerned recommend the establishment of the Energy Superstar tier under subparagraph (A), a proposed schedule and budget for the establishment and implementation of the Energy Superstar tier.’.CommentsClose CommentsPermalink
SEC. 233. TECHNICAL AMENDMENT.
Section 343(a) of the Energy Policy and Conservation Act (
Subtitle C--Building EfficiencyCommentsClose CommentsPermalink
Subtitle C--Building EfficiencyCommentsClose CommentsPermalink
PART I--BUILDING CODES
SEC. 241. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) In General- Section 304 of the Energy Conservation and Production Act (
‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
‘(a) Updating National Model Building Energy Codes-CommentsClose CommentsPermalink
‘(1) TARGETS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall support updating the national model building energy codes and standards at least every 3 years to achieve overall energy savings, compared to the 2006 IECC for residential buildings and ASHRAE Standard 90.1-2004 for commercial buildings, of at least--CommentsClose CommentsPermalink
‘(i) 30 percent in editions of each model code or standard released during or after 2010; andCommentsClose CommentsPermalink
‘(ii) 50 percent in editions of each model code or standard released during or after 2016.CommentsClose CommentsPermalink
‘(B) SPECIFIC YEARS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Targets for specific years shall be set by the Secretary at least 3 years in advance of each target year, coordinated with the IECC and ASHRAE Standard 90.1 cycles, at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective and on a path to achieving net-zero-energy buildings.CommentsClose CommentsPermalink
‘(ii) DIFFERENT TARGET YEARS- Subject to paragraph (2)(D), prior to 2013, the Secretary may set a different target year for 1 or both model codes described in subparagraph (A) if the Secretary determines that a 50 percent target cannot be met in 2016.CommentsClose CommentsPermalink
‘(C) TECHNICAL ASSISTANCE TO MODEL CODE-SETTING AND STANDARD DEVELOPMENT ORGANIZATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary shall, on a timely basis, provide technical assistance to model code-setting and standard development organizations.CommentsClose CommentsPermalink
‘(ii) ASSISTANCE- The assistance shall include technical assistance as requested by the organizations in--CommentsClose CommentsPermalink
‘(I) evaluating code or standards proposals or revisions;CommentsClose CommentsPermalink
‘(II) building energy analysis and design tools;CommentsClose CommentsPermalink
‘(III) building demonstrations; andCommentsClose CommentsPermalink
‘(IV) design assistance and training.CommentsClose CommentsPermalink
‘(D) AMENDMENT PROPOSALS- The Secretary shall submit code and standard amendment proposals, with supporting evidence, sufficient to enable the national model building energy codes and standards to meet the targets established under subparagraph (A).CommentsClose CommentsPermalink
‘(2) REVISION OF BUILDING ENERGY USE STANDARDS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a determination not later than 1 year after the date of the revision, on whether the revision will--CommentsClose CommentsPermalink
‘(i) improve energy efficiency in buildings; andCommentsClose CommentsPermalink
‘(ii) meet the targets under paragraph (1).CommentsClose CommentsPermalink
‘(B) CODES OR STANDARDS NOT MEETING TARGETS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets established under paragraph (1), not later than 1 year after the date of the determination, the Secretary shall provide the model code or standard developer with proposed changes that would result in a model code that meets the targets.CommentsClose CommentsPermalink
‘(ii) INCORPORATION OF CHANGES- On receipt of the proposed changes, the model code or standard developer shall have an additional 180 days to incorporate the proposed changes into the model code or standard.CommentsClose CommentsPermalink
‘(iii) ESTABLISHMENT BY SECRETARY- If the proposed changes are not incorporated into the model code or standard, the Secretary shall establish a modified code or standard that meets the established targets.CommentsClose CommentsPermalink
‘(iv) ADMINISTRATION- Any code or standard modified under this subparagraph shall--CommentsClose CommentsPermalink
‘(I) achieve the maximum level of energy savings that is technologically feasible and life-cycle cost-effective;CommentsClose CommentsPermalink
‘(II) be based on the latest edition of the IECC or ASHRAE Standard 90.1, including any subsequent amendments, addenda, or additions, but may also consider other model codes or standards; andCommentsClose CommentsPermalink
‘(III) serve as the baseline for the next determination under subparagraph (A)(i).CommentsClose CommentsPermalink
‘(C) CODES OR STANDARDS NOT UPDATED FOR 3 YEARS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If a national model code or standard is not updated for more than 3 years, the Secretary shall, not later than 1 year after the date of the determination, establish a modified code or standard that meets the targets.CommentsClose CommentsPermalink
‘(ii) REQUIREMENTS- Any modified code or standard shall--CommentsClose CommentsPermalink
‘(I) achieve the maximum level of energy savings that is technologically feasible and life-cycle cost-effective;CommentsClose CommentsPermalink
‘(II) be based on the latest revision of the IECC or ASHRAE Standard 90.1, including any amendments or additions to the code or standard, but may also consider other model codes or standards; andCommentsClose CommentsPermalink
‘(III) serve as the baseline for the next determination under subparagraph (A)(i).CommentsClose CommentsPermalink
‘(D) ADMINISTRATION- The Secretary shall--CommentsClose CommentsPermalink
‘(i) provide an opportunity for public comment on targets, determinations, and modified codes and standards under this subsection; andCommentsClose CommentsPermalink
‘(ii) publish notice of targets, determinations, and modified codes and standards under this subsection in the Federal Register.CommentsClose CommentsPermalink
‘(b) State Certification of Building Energy Code Updates-CommentsClose CommentsPermalink
‘(1) REVIEW AND UPDATING OF CODES BY EACH STATE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 2 years after the date of enactment of the American Clean Energy Leadership Act of 2009, each State shall certify to the Secretary whether or not the State has reviewed and updated the provisions of the residential and commercial building codes of the State regarding energy efficiency.CommentsClose CommentsPermalink
‘(B) DEMONSTRATION- The certification shall include a demonstration that the code provisions of the State--CommentsClose CommentsPermalink
‘(i) meet or exceed the 2009 IECC for residential buildings and the ASHRAE Standard 90.1-2007 for commercial buildings; orCommentsClose CommentsPermalink
‘(ii) achieve equivalent or greater energy savings.CommentsClose CommentsPermalink
‘(2) REVIEW AND UPDATING OF CODES BASED ON DETERMINATION OF SECRETARY-CommentsClose CommentsPermalink
‘(A) DETERMINATION OF IMPROVEMENT OF ENERGY EFFICIENCY IN BUILDINGS; MODIFIED CODES OR STANDARDS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), each State shall, not later than 2 years after the date of the determination or establishment, certify whether or not the State has reviewed and updated the provisions of the building code of the State regarding energy efficiency.CommentsClose CommentsPermalink
‘(ii) DEMONSTRATION- The certification shall include a demonstration that the code provisions of the State meet or exceed the revised code or standard, or achieve equivalent or greater energy savings.CommentsClose CommentsPermalink
‘(B) NO DETERMINATION OF IMPROVEMENT OF ENERGY EFFICIENCY IN BUILDINGS- If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2), or makes a negative determination, each State shall not later than 2 years after the specified date or the date of the determination, certify whether or not the State has reviewed the revised code or standard, and updated the provisions of the building code of the State regarding energy efficiency to meet or exceed any provisions found to improve energy efficiency in buildings, or to achieve equivalent or greater energy savings in other ways.CommentsClose CommentsPermalink
‘(c) State Certification of Compliance With Building Codes-CommentsClose CommentsPermalink
‘(1) REQUIREMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 3 years after the date of a certification under subsection (b), each State shall certify whether or not the State has--CommentsClose CommentsPermalink
‘(i) achieved compliance under paragraph (3) with the certified State building energy code or with the associated model code or standard; orCommentsClose CommentsPermalink
‘(ii) made significant progress under paragraph (4) toward achieving compliance with the certified State building energy code or with the associated model code or standard.CommentsClose CommentsPermalink
‘(B) REPEAT CERTIFICATIONS- If the State certifies progress toward achieving compliance, the State shall repeat the certification each year until the State certifies that the State has achieved compliance.CommentsClose CommentsPermalink
‘(2) MEASUREMENT OF COMPLIANCE- A certification under paragraph (1) shall include documentation of the rate of compliance based on--CommentsClose CommentsPermalink
‘(A) independent inspections of a random sample of the new and renovated buildings covered by the code in the preceding year; orCommentsClose CommentsPermalink
‘(B) an alternative method that yields an accurate measure of compliance.CommentsClose CommentsPermalink
‘(3) ACHIEVEMENT OF COMPLIANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A State shall be considered to achieve compliance under paragraph (1) if--CommentsClose CommentsPermalink
‘(i) at least 90 percent of new and renovated building space covered by the code in the preceding year substantially meets all the requirements of the code regarding energy efficiency, or achieves an equivalent energy savings level; orCommentsClose CommentsPermalink
‘(ii) the estimated excess energy use of new and renovated buildings that did not meet the code in the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 5 percent of the estimated energy use of all new and renovated buildings covered by the code during the preceding year.CommentsClose CommentsPermalink
‘(B) RENOVATED BUILDINGS- If the Secretary determines that the percentage targets under subparagraph (A) are not reasonably achievable for renovated residential or commercial buildings, the Secretary may reduce the targets for the renovated buildings to the highest achievable level.CommentsClose CommentsPermalink
‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVEMENT OF COMPLIANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A State shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State--CommentsClose CommentsPermalink
‘(i) has developed and is implementing a plan for achieving compliance within 8 years, assuming continued adequate funding, including active training and enforcement programs;CommentsClose CommentsPermalink
‘(ii) after 1 or more years of adequate funding, has demonstrated progress, in conformance with the plan described in clause (i), toward compliance;CommentsClose CommentsPermalink
‘(iii) after 5 or more years of adequate funding, meets the requirements of paragraph (3) if ‘80 percent’ is substituted for ‘90 percent’ or ‘10 percent’ is substituted for ‘5 percent’; andCommentsClose CommentsPermalink
‘(iv) has not had more than 8 years of adequate funding.CommentsClose CommentsPermalink
‘(B) ADEQUATE FUNDING- For purposes of this paragraph, funding shall be considered adequate if the Federal Government provides to the States at least $50,000,000 for a fiscal year in funding and support for development and implementation of State building energy codes, including for training and enforcement.CommentsClose CommentsPermalink
‘(C) TECHNICAL ASSISTANCE TO STATES- The Secretary shall provide technical assistance to States to implement the requirements of this section, including procedures for States--CommentsClose CommentsPermalink
‘(i) to demonstrate that the code provisions of the States achieve equivalent or greater energy savings than the national model codes and standards; andCommentsClose CommentsPermalink
‘(ii) to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings.CommentsClose CommentsPermalink
‘(D) VOLUNTARY ADVANCED CODES-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary shall support the development of voluntary advanced model codes and standards for residential and commercial buildings that achieve energy savings of at least 30 percent compared to the national model building codes and standards.CommentsClose CommentsPermalink
‘(ii) UPDATES- The voluntary advanced model codes and standards shall be updated at least once every 3 years, for use in--CommentsClose CommentsPermalink
‘(I) green building design;CommentsClose CommentsPermalink
‘(II) voluntary and market transformation programs;CommentsClose CommentsPermalink
‘(III) incentive criteria; andCommentsClose CommentsPermalink
‘(IV) voluntary adoption by States.CommentsClose CommentsPermalink
‘(iii) PREFERENCE- In carrying out this subparagraph, the Secretary shall give preference to voluntary advanced model codes and standards developed by the International Code Council and by ASHRAE.CommentsClose CommentsPermalink
‘(d) Failure to Meet Deadlines-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on--CommentsClose CommentsPermalink
‘(A) the status of the State with respect to meeting the requirements and submitting the certification; andCommentsClose CommentsPermalink
‘(B) a plan for meeting the requirements and submitting the certification.CommentsClose CommentsPermalink
‘(2) NONACCEPTANCE OF CERTIFICATION- Any State for which the Secretary has not accepted a certification by a deadline under subsection (b) or (c) shall be considered out of compliance with this section.CommentsClose CommentsPermalink
‘(3) LOCAL GOVERNMENT- In any State that is out of compliance with this section, a local government may be considered in compliance with this section by meeting the certification requirements under subsections (b) and (c).CommentsClose CommentsPermalink
‘(4) ANNUAL REPORTS BY SECRETARY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on--CommentsClose CommentsPermalink
‘(i) the status of national model building energy codes and standards;CommentsClose CommentsPermalink
‘(ii) the status of code adoption and compliance in the States; andCommentsClose CommentsPermalink
‘(iii) implementation of this section.CommentsClose CommentsPermalink
‘(B) IMPACTS- The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on lifetime energy use by buildings and resulting energy costs to individuals and businesses.CommentsClose CommentsPermalink
‘(e) Availability of Incentive Funding-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) REQUIREMENT- The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with the codes.CommentsClose CommentsPermalink
‘(B) STATE ACTIONS- In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State--CommentsClose CommentsPermalink
‘(i) to implement the requirements of this section;CommentsClose CommentsPermalink
‘(ii) to improve and implement residential and commercial building energy efficiency codes; andCommentsClose CommentsPermalink
‘(iii) to promote building energy efficiency through the use of the codes.CommentsClose CommentsPermalink
‘(2) ADDITIONAL FUNDING- Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance--CommentsClose CommentsPermalink
‘(A) to a State that has adopted and is implementing, on a Statewide basis--CommentsClose CommentsPermalink
‘(i) a residential building energy efficiency code that meets or exceeds the requirements of the 2009 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); andCommentsClose CommentsPermalink
‘(ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard 90.1-2007, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); orCommentsClose CommentsPermalink
‘(B) in a State in which there is no Statewide energy code for either residential buildings or commercial buildings, or in which State codes fail to comply with subparagraph (A), to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A).CommentsClose CommentsPermalink
‘(3) TRAINING- Of the amounts made available under this subsection, the State may use amounts required, but not to exceed $500,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2).CommentsClose CommentsPermalink
‘(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection--CommentsClose CommentsPermalink
‘(A) $100,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink
‘(B) such sums as are necessary for fiscal year 2014 and each fiscal year thereafter.’.CommentsClose CommentsPermalink
(b) Definition of IECC- Section 303 of the Energy Conservation and Production Act (
42 U.S.C. 6832 ) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(17) IECC- The term ‘IECC’ means the International Energy Conservation Code.’.CommentsClose CommentsPermalink
SEC. 242. MULTIFAMILY AND MANUFACTURED HOUSING ENERGY EFFICIENCY GRANT PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State or local government agency or nonprofit organization that implements energy efficiency programs to increase energy efficiency in multifamily buildings or manufactured housing.CommentsClose CommentsPermalink
(2) ENERGY EFFICIENCY PROGRAM- The term ‘energy efficiency program’ means a program designed to increase energy efficiency in multifamily buildings and manufactured housing through financial incentives, building renovation and construction, appliance retrofits, or other means, as determined by an eligible entity.CommentsClose CommentsPermalink
(3) ENERGY STAR PROGRAM- The term ‘Energy Star program’ means the program established by section 324A of the Energy Policy and Conservation Act (
(4) MANUFACTURED HOUSING- The term ‘manufactured housing’ means a manufactured home (as defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (
(5) MULTIFAMILY BUILDING- The term ‘multifamily building’ means a structure with 5 or more dwelling units.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
(b) Establishment- The Secretary shall establish a program, to be known as the ‘Multifamily and Manufactured Housing Energy Efficiency Grant Program’, under which the Secretary shall provide grants to eligible entities to carry out energy efficiency programs in accordance with this section.CommentsClose CommentsPermalink
(c) Purpose- The purpose of the program established under this section is to provide financial assistance to eligible entities to carry out energy efficiency programs to increase energy efficiency in multifamily buildings and manufactured housing in a manner that--CommentsClose CommentsPermalink
(1) demonstrates an innovative approach to energy efficiency;CommentsClose CommentsPermalink
(2) maximizes the cost effectiveness of Federal and non-Federal expenditures;CommentsClose CommentsPermalink
(3) maximizes energy efficiency potential for recipients;CommentsClose CommentsPermalink
(4) prioritizes recipients with the greatest financial need;CommentsClose CommentsPermalink
(5) prioritizes efficiency programs with high levels of matching funds;CommentsClose CommentsPermalink
(6) maintains geographical diversity in allocating grants; andCommentsClose CommentsPermalink
(7) is replicable.CommentsClose CommentsPermalink
(d) Grants- The Secretary shall make grants to eligible entities to implement energy efficiency program under this section through--CommentsClose CommentsPermalink
(1) in the case of multifamily buildings--CommentsClose CommentsPermalink
(A) renovation of multifamily buildings; andCommentsClose CommentsPermalink
(B) encouragement and recommendations for replacement of appliances, equipment, and systems with low energy efficiency with appliances, equipment, and systems that meet criteria established under the Energy Star program;CommentsClose CommentsPermalink
(2) in the case of manufactured housing, rebates to owners of manufactured housing constructed before calendar year 1976 to assist the owners in replacing the manufactured housing with manufactured housing that meets criteria established under the Energy Star program; andCommentsClose CommentsPermalink
(3) other innovative approaches, as determined by the eligible entities and approved by the Secretary.CommentsClose CommentsPermalink
(e) Administration- An eligible entity that receives a grant under this section shall--CommentsClose CommentsPermalink
(1) maintain such records and evidence of compliance as the Secretary may require;CommentsClose CommentsPermalink
(2) develop and distribute information and materials and conduct programs to provide technical services and assistance to encourage planning, financing, and design of energy-efficient multifamily buildings or manufactured housing; andCommentsClose CommentsPermalink
(3) report publicly the results of a project conducted under this section to enable other eligible entities to learn from each project.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 243. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General- The Secretary of Energy shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (
(1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings;CommentsClose CommentsPermalink
(2) to promote the application of emerging concepts and technologies in commercial and institutional buildings;CommentsClose CommentsPermalink
(3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation;CommentsClose CommentsPermalink
(4) to assist institutions of higher education in training building technicians;CommentsClose CommentsPermalink
(5) to promote research and development for the use of alternative energy sources to supply heat and power for buildings, particularly energy-intensive buildings; andCommentsClose CommentsPermalink
(6) to coordinate with and assist State-accredited technical training centers, community colleges, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States.CommentsClose CommentsPermalink
(b) Coordination and Nonduplication-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall coordinate the program with the Industrial Assessment Centers program established under this Act and with other Federal programs to avoid duplication of effort.CommentsClose CommentsPermalink
(2) COLLOCATION- To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
PART II--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS
SEC. 251. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.
Section 422 of the Energy Conservation and Production Act (
(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the double periods at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) $1,700,000,000 for each of fiscal years 2011 through 2015.’.CommentsClose CommentsPermalink
PART III--STATE ENERGY PROGRAM
SEC. 255. STATE ENERGY PROGRAM.
Section 365 of the Energy Policy and Conservation Act (
‘(f) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this part $250,000,000 for each of fiscal years 2011 through 2015, to remain available until expended.’.CommentsClose CommentsPermalink
PART IV--STATE ENERGY EFFICIENCY GRANTS PROGRAM
SEC. 261. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency, acting in consultation with the Secretary.CommentsClose CommentsPermalink
(2) ANSI- The term ‘ANSI’ means the American National Standards Institute.CommentsClose CommentsPermalink
(3) ASHRAE- The term ‘ASHRAE’ means the American Society of Heating, Refrigerating and Air Conditioning Engineers.CommentsClose CommentsPermalink
(4) BUILDING ENERGY CODE POLICY- The term ‘building energy code policy’ means a policy that provides--CommentsClose CommentsPermalink
(A) a building energy code for residential buildings throughout a State that meets or exceeds the 2009 International Energy Conservation Code;CommentsClose CommentsPermalink
(B) a building energy code for commercial buildings throughout the State that meets or exceeds the ANSI/ASHRAE/IES Standard 90.1 (2007); andCommentsClose CommentsPermalink
(C) a plan for the jurisdiction achieving compliance with subparagraphs (A) and (B) not later than 8 years after the date of enactment of this Act in at least 90 percent of new and renovated residential and commercial building space, including compliance through--CommentsClose CommentsPermalink
(i) active training and enforcement programs; andCommentsClose CommentsPermalink
(ii) measurement of the rate of compliance each year.CommentsClose CommentsPermalink
(5) COMMERCIAL BUILDING- The term ‘commercial building’ means a building that is--CommentsClose CommentsPermalink
(A) covered by ASHRAE/IES Standard 90.1 (2007);CommentsClose CommentsPermalink
(B) located in the United States; andCommentsClose CommentsPermalink
(C) constructed before the date of enactment of this Act.CommentsClose CommentsPermalink
(6) ELECTRIC UTILITY- The term ‘electric utility’ means any individual, entity, or State agency that distributes electricity directly to retail consumers pursuant to a legal, regulatory, or contractual obligation.CommentsClose CommentsPermalink
(7) ENERGY EFFICIENCY MEASURE- The term ‘energy efficiency measure’ means an installed measure (including products, equipment, systems, services, and practices) that result in reductions in end-use demand for externally supplied energy, or fuel, by a consumer, facility, or user.CommentsClose CommentsPermalink
(8) HOME- The term ‘home’ means a principal residential dwelling unit that is--CommentsClose CommentsPermalink
(A) located in the United States; andCommentsClose CommentsPermalink
(B) constructed before the date of enactment of this Act.CommentsClose CommentsPermalink
(9) IESNA- The term ‘IESNA’ means the Illuminating Engineering Society of North America.CommentsClose CommentsPermalink
(10) NATURAL GAS UTILITY- The term ‘natural gas utility’ means any individual, entity, or State agency engaged in the local distribution of natural gas to any ultimate consumer of natural gas.CommentsClose CommentsPermalink
(11) SECRETARY- The term ‘Secretary’ means the Secretary of Energy, acting in consultation with the Administrator.CommentsClose CommentsPermalink
(12) 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;CommentsClose CommentsPermalink
(D) Guam;CommentsClose CommentsPermalink
(E) American Samoa; andCommentsClose CommentsPermalink
(F) the United States Virgin Islands.CommentsClose CommentsPermalink
SEC. 262. STATE ENERGY EFFICIENCY RETROFIT PROGRAMS.
(a) In General- The Secretary shall make grants to States to carry out energy efficiency retrofit programs in accordance with this section.CommentsClose CommentsPermalink
(b) Grant Awards- The Secretary shall apply performance-based criteria in awarding grants to States under this section, which shall give priority for funding of energy efficiency retrofit programs based on--CommentsClose CommentsPermalink
(1) the cost-effectiveness of the energy efficiency programs;CommentsClose CommentsPermalink
(2) the number and quality of jobs created;CommentsClose CommentsPermalink
(3) the quantity of energy and water saved;CommentsClose CommentsPermalink
(4) the development of an effective plan for evaluation, measurement, and verification of energy savings;CommentsClose CommentsPermalink
(5) the inclusion of measures--CommentsClose CommentsPermalink
(A) to reach underserved populations;CommentsClose CommentsPermalink
(B) to provide for independent evaluation and adequate incentives for successful program management; andCommentsClose CommentsPermalink
(C) to leverage private sector funds and use innovative financing methods to implement more comprehensive energy efficiency projects, including the methods described in section 266;CommentsClose CommentsPermalink
(6) the effective use of grant funds provided under the American Recovery and Reinvestment Act of 2009 (
(7) progress on the adoption and implementation of the building energy code policies.CommentsClose CommentsPermalink
(c) Implementation- A State that receives a grant to carry out an energy efficiency program under this section may implement the program through the State or a third party designated by the State, including an energy service company, an electric utility, a natural gas utility, a third party administrator designated by the State, or a unit of local government.CommentsClose CommentsPermalink
(d) Home Efficiency Retrofits Program-CommentsClose CommentsPermalink
(1) IN GENERAL- A State may use a grant provided under this section to provide a grant to an owner of a home for an energy efficiency retrofit of the home, on completion of the retrofit, if the retrofit is carried out in accordance with--CommentsClose CommentsPermalink
(A) the prescriptive option described in paragraph (2); orCommentsClose CommentsPermalink
(B) the performance-based option described in paragraph (3).CommentsClose CommentsPermalink
(2) PRESCRIPTIVE OPTION-CommentsClose CommentsPermalink
(A) IN GENERAL- A grant provided for the energy retrofit of a home under the prescriptive option described in this paragraph shall be made for achieving energy savings from measures--CommentsClose CommentsPermalink
(i) selected from a prescriptive list established under subparagraph (B); andCommentsClose CommentsPermalink
(ii) installed in the home.CommentsClose CommentsPermalink
(B) LIST- Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a list of combinations of energy savings measures that can be implemented by the owner of a home to save at least--CommentsClose CommentsPermalink
(i) 10 percent on whole home energy consumption; andCommentsClose CommentsPermalink
(ii) 20 percent on whole home energy consumption.CommentsClose CommentsPermalink
(C) AMOUNT OF GRANT- Subject to subparagraph (E)(ii), the amount of a grant provided to the owner of a home under this paragraph shall be--CommentsClose CommentsPermalink
(i) $1,000 for energy savings of 10 percent described in subparagraph (B)(i); andCommentsClose CommentsPermalink
(ii) $2,000 for energy savings of not less than 20 percent, but not more than 50 percent, described in subparagraph (B)(ii).CommentsClose CommentsPermalink
(D) VERIFICATION- To be eligible for a grant for the energy retrofit of a home in a State under this paragraph, the owner of a home shall submit to the State a certification by the contractor or installer that carried out the retrofit that the measures undertaken for the retrofit--CommentsClose CommentsPermalink
(i) are described on the list established under subparagraph (B); andCommentsClose CommentsPermalink
(ii) were installed properly.CommentsClose CommentsPermalink
(E) ADMINISTRATION- The Secretary may--CommentsClose CommentsPermalink
(i) discontinue the prescriptive option established under this paragraph at any time after the date that is 1 year after the date of enactment of this Act; andCommentsClose CommentsPermalink
(ii) adjust the amount of grants provided under this paragraph.CommentsClose CommentsPermalink
(3) PERFORMANCE-BASED OPTION-CommentsClose CommentsPermalink
(A) IN GENERAL- A grant provided for the energy retrofit of a home under the performance-based option described in this paragraph shall be made for retrofits that achieve whole home energy savings.CommentsClose CommentsPermalink
(B) AMOUNT OF GRANT- Subject to subparagraph (E), the amount of a grant provided to the owner of a home under this paragraph shall be--CommentsClose CommentsPermalink
(i) $3,000 for a 20-percent reduction in whole home energy consumption; andCommentsClose CommentsPermalink
(ii) an additional $150 for each additional 1-percent reduction up to the lower of--CommentsClose CommentsPermalink
(I) $12,000; orCommentsClose CommentsPermalink
(II) 50 percent of the total retrofit cost.CommentsClose CommentsPermalink
(C) ENERGY SAVINGS-CommentsClose CommentsPermalink
(i) IN GENERAL- Energy savings under this paragraph shall be determined by a comparison of the energy consumption of the home before the retrofit to the consumption of the home after the retrofit.CommentsClose CommentsPermalink
(ii) DOCUMENTATION- The percent improvement in energy consumption under this paragraph shall be documented through--CommentsClose CommentsPermalink
(I) the use of whole home simulation software programs approved by the Administrator; orCommentsClose CommentsPermalink
(II) a comparison of the difference before and after the retrofit as measured by home energy ratings on the Home Energy Rating System Index as specified in the Residential Energy Services Network Publication No. 06-001 (or a successor publication).CommentsClose CommentsPermalink
(D) VERIFICATION-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to clause (ii), the Administrator shall ensure that at least 15 percent of the retrofits performed under this paragraph are randomly subject to a third party verification of all work associated with the retrofit.CommentsClose CommentsPermalink
(ii) ADJUSTMENT- On or after the date that is 1 year after the date of enactment of this Act, the Administrator may adjust the percentage specified under clause (i) based on program experience.CommentsClose CommentsPermalink
(iii) CONTRACTOR CERTIFICATION- Subject to clause (iv), the Administrator--CommentsClose CommentsPermalink
(I) shall determine the level of contractor certification appropriate for retrofits performed under this paragraph; andCommentsClose CommentsPermalink
(II) may adjust the level in response to program data.CommentsClose CommentsPermalink
(iv) ADVANCED CONTRACTOR CERTIFICATIONS- The Secretary may develop an additional incentive for advanced contractor certifications under clause (iii).CommentsClose CommentsPermalink
(E) ADMINISTRATION- On or after the date that is 1 year after the date of enactment of this Act, the Secretary may adjust the grant amounts provided under this paragraph based on program data.CommentsClose CommentsPermalink
(e) Commercial Buildings Efficiency Retrofits Program-CommentsClose CommentsPermalink
(1) IN GENERAL- A State may use a grant provided under this section to provide incentives for energy efficiency retrofits to the owner of 1 or more commercial buildings, including submetered areas or individual tenant spaces within a commercial building or an aggregation of commercial buildings.CommentsClose CommentsPermalink
(2) ENERGY SAVINGS-CommentsClose CommentsPermalink
(A) IN GENERAL- A State may provide incentives to the owner of 1 or more commercial buildings for energy efficiency retrofits under this subsection if the retrofits improve energy performance by at least 20 percent compared to energy consumption during the previous year of the 1 or more commercial buildings, while adjusting for other relevant factors including changes in occupancy loads and process energy.CommentsClose CommentsPermalink
(B) BENCHMARKING TOOL- The energy savings shall be determined by using an established energy benchmarking tool designated by the Administrator.CommentsClose CommentsPermalink
(3) INCENTIVES-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall establish the amount and form of the incentives provided under this subsection in a manner that encourages implementation of retrofits that achieve the largest and most durable improvements in energy performance.CommentsClose CommentsPermalink
(B) AMOUNT-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to clause (ii), the amount of the incentives provided under this subsection shall be equal to--CommentsClose CommentsPermalink
(I) $0.15 per square foot of retrofit floor area for 20 to 24 percent savings;CommentsClose CommentsPermalink
(II) $0.75 per square foot of retrofit floor area for 25 to 29 percent savings;CommentsClose CommentsPermalink
(III) $1.20 per square foot of retrofit floor area for 30 to 34 percent savings;CommentsClose CommentsPermalink
(IV) $1.60 per square foot of retrofit floor area for 35 to 39 percent savings;CommentsClose CommentsPermalink
(V) $2.05 per square foot of retrofit floor area for 40 to 44 percent savings;CommentsClose CommentsPermalink
(VI) $2.50 per square foot of retrofit floor area for 45 to 49 percent savings; andCommentsClose CommentsPermalink
(VII) $3.00 per square foot of retrofit floor area for 50 or more percent savings.CommentsClose CommentsPermalink
(ii) MODIFICATION- The Secretary may modify the amount and form of incentives provided under this subsection based on data gathered during program implementation, including the development of incentives for particular building types.CommentsClose CommentsPermalink
(C) TIMING-CommentsClose CommentsPermalink
(i) PAYMENT ON COMPLETION- On the completion of the energy retrofit of 1 or more commercial buildings and the verification of at least a 20-percent energy savings from the retrofit, the State shall provide to the owner or agent of the 1 or more commercial buildings 60 percent of the qualified incentive amount for the retrofit determined under subparagraph (B).CommentsClose CommentsPermalink
(ii) REMAINING PAYMENTS- During the 3-year period beginning on the date of the initial payment under clause (i), the State shall provide to the owner or agent of the commercial building the remaining 40 percent of the qualified incentive amount for the retrofit determined under subparagraph (B) for any energy savings of 20 percent or more, with the amount awarded proportionate to the level of sustained performance improvement.CommentsClose CommentsPermalink
(iii) MINIMUM IMPROVEMENTS- No incentives shall be provided under this subsection for sustained performance improvements of less than 20 percent, as determined by annual audits.CommentsClose CommentsPermalink
(iv) DISCLOSURE- The Secretary may require such information as is necessary to determine energy performance under this subsection.CommentsClose CommentsPermalink
(f) Historic Buildings- Notwithstanding subsections (d) and (e), a building that is eligible for or listed in the National Register of Historic Places shall be eligible for incentives under this section in amounts of up to 120 percent of the applicable amounts described in subsections (d) and (e).CommentsClose CommentsPermalink
(g) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 300 days after the date that the Secretary initially provides funds to a State under this section, the State shall submit to the Secretary a report on the use of the funds.CommentsClose CommentsPermalink
(2) CONTENTS- The report shall include a description of--CommentsClose CommentsPermalink
(A) the measured and verified energy savings produced under this section;CommentsClose CommentsPermalink
(B) the projected energy savings under this section during the subsequent 1-year period;CommentsClose CommentsPermalink
(C) the specific entities implementing the energy efficiency programs;CommentsClose CommentsPermalink
(D) the beneficiaries who received the efficiency improvements;CommentsClose CommentsPermalink
(E) the manner in which funds provided under this section were used;CommentsClose CommentsPermalink
(F) the sources (such as mortgage lenders, utility companies, and local governments) and types of financing used by the beneficiaries to finance the retrofit expenses that were not covered by grants provided in this part;CommentsClose CommentsPermalink
(G) the direct and indirect employment created as a result of the programs supported by the funds;CommentsClose CommentsPermalink
(H) the results of verification requirements; andCommentsClose CommentsPermalink
(I) any other information the Secretary considers appropriate.CommentsClose CommentsPermalink
(3) NONCOMPLIANCE- If the Secretary determines that a State has not provided the information required under this subsection, the Secretary shall provide to the State a period of at least 90 days to provide any necessary information.CommentsClose CommentsPermalink
SEC. 263. ADMINISTRATIVE AND TECHNICAL SUPPORT.
Subject to section 265(b)(2), not later than 90 days after the date of enactment of this Act, the Secretary may provide such administrative and technical support to States as is necessary to carry out this part.CommentsClose CommentsPermalink
SEC. 264. REGULATIONS.
Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this part.CommentsClose CommentsPermalink
SEC. 265. FUNDING.
(a) In General- There are authorized to be appropriated such sums as are necessary to carry out this part for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink
(b) Use- Funds provided for a fiscal year under subsection (a) shall be allocated as follows:CommentsClose CommentsPermalink
(1) In the case of State energy efficiency grants programs under section 262:CommentsClose CommentsPermalink
(A) 45 percent for the home efficiency retrofits program under section 262(d).CommentsClose CommentsPermalink
(B) 45 percent for the commercial buildings efficiency retrofits program under section 262(e).CommentsClose CommentsPermalink
(C) 10 percent to provide administrative and technical support to the States to carry out this part.CommentsClose CommentsPermalink
(c) Limitation on the Use of Funds- A State shall use not more than--CommentsClose CommentsPermalink
(1) 10 percent of the funds provided for a fiscal year under this part for administration of programs under this part; andCommentsClose CommentsPermalink
(2) 5 percent of the funds provided for a fiscal year under part for measurement and verification.CommentsClose CommentsPermalink
SEC. 266. HOME ENERGY RETROFIT FINANCE PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE PARTICIPANT- The term ‘eligible participant’ means a homeowner, apartment complex owner, residential cooperative association, or condominium association that finances energy efficiency improvements to homes and residential buildings under this section.CommentsClose CommentsPermalink
(2) PROGRAM- The term ‘program’ means the Home Energy Retrofit Finance Program established under subsection (b).CommentsClose CommentsPermalink
(3) QUALIFIED PROGRAM DELIVERY ENTITY- The term ‘qualified program delivery entity’ means a local government, energy utility, or any other entity designated by the Secretary that administers the program for a State under this section.CommentsClose CommentsPermalink
(b) Establishment- The Secretary shall provide Home Energy Retrofit Finance Program grants to States for the purpose of establishing or expanding a State revolving finance fund to support financing offered by qualified program delivery entities for energy efficiency measures and renewable energy improvements to existing homes and residential buildings (including apartment complexes, residential cooperative associations, and condominium buildings under 5 stories).CommentsClose CommentsPermalink
(c) Funding Mechanism- In carrying out the program, the Secretary shall provide funds to States, for use by qualified program delivery entities that administer finance programs directly or under agreements with collaborating third party entities, to capitalize revolving finance funds and increase participation in associated financing programs.CommentsClose CommentsPermalink
(d) Eligibility of Qualified Program Delivery Entities- To be eligible to participate in the program, a qualified program delivery entity shall establish a method by which eligible participants may pay over time for the financed cost of allowable energy efficiency measures and renewable energy improvements.CommentsClose CommentsPermalink
(e) Allocation- In making funds available to States for each fiscal year under this section, the Secretary shall use the allocation formula used to allocate funds to States to carry out State energy conservation plans under part D of title III of the Energy Policy and Conservation Act (
(f) Use of Funds- Of the amounts in a State revolving finance fund--CommentsClose CommentsPermalink
(1) not more than 20 percent may be used by qualified program delivery entities for interest rate reductions for eligible participants; andCommentsClose CommentsPermalink
(2) the remainder shall be available to provide direct funding or other financial support to qualified program delivery entities.CommentsClose CommentsPermalink
(g) State Revolving Finance Funds- On repayment of any funds made available by qualified program delivery entities under the program, the funds shall be deposited in the applicable State revolving finance fund to support additional financing to qualified program delivery entities for energy efficiency measures and renewable energy improvements.CommentsClose CommentsPermalink
(h) Coordination With State Energy Efficiency Retrofit Programs- Home energy retrofit programs that receive financing through the program shall be carried out in accordance with all authorized measures, performance criteria, and other requirements of section 262(d).CommentsClose CommentsPermalink
(i) Program Evaluation-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall conduct a program evaluation to determine--CommentsClose CommentsPermalink
(A) how the program is being used by eligible participants, including what improvements have been most typical and what regional distinctions exist, if any;CommentsClose CommentsPermalink
(B) what improvements could be made to increase the effectiveness of the program; andCommentsClose CommentsPermalink
(C) the quantity of verifiable energy savings and renewable energy deployment achieved through the program.CommentsClose CommentsPermalink
(2) REPORTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years 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 program evaluation required under this subsection, including any recommendations.CommentsClose CommentsPermalink
(B) STATE REPORTS- Not less than once every 2 years, States participating in the program shall submit to the Secretary reports on the use of funds through the program that include any information that the Secretary may require.CommentsClose CommentsPermalink
(j) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2010 through 2015.CommentsClose CommentsPermalink
(2) ADMINISTRATIVE EXPENSES- An amount not exceeding 5 percent of the amounts made available under paragraph (1) shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section.CommentsClose CommentsPermalink
PART V--FEDERAL EFFICIENCY AND RENEWABLES
SEC. 271. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (
(1) in subsection (a), in the matter preceding paragraph (1), by striking ‘electric’;CommentsClose CommentsPermalink
(2) by redesignating subsection (d) as subsection (f) and moving that subsection to appear after subsection (e);CommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
‘(d) Separate Calculation- Renewable energy produced at a Federal facility, on Federal land, or on Indian land (as defined in section 2601 of the Energy Policy Act of 1992 (
25 U.S.C. 3501 ))--CommentsClose CommentsPermalink
‘(1) shall be calculated separately from renewable energy used; andCommentsClose CommentsPermalink
‘(2) may be used individually or in combination to comply with subsection (a).’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(g) Contract Period-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Notwithstanding
section 501(b)(1)(B) of title 40, United States Code , a contract entered into by a Federal agency to acquire renewable energy may be made for a period of not more than 30 years.CommentsClose CommentsPermalink‘(2) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance to Federal agencies to enter into contracts under this subsection.CommentsClose CommentsPermalink
‘(3) STANDARDIZED RENEWABLE ENERGY PURCHASE AGREEMENT- Not later than 90 days after the date of enactment of this subsection, the Secretary, acting through the Federal Energy Management Program, shall publish a standardized renewable energy purchase agreement setting forth commercial terms and conditions that can be used by Federal agencies to acquire renewable energy.’.CommentsClose CommentsPermalink
SEC. 272. COMPETITION REQUIREMENTS FOR TASK OR DELIVERY ORDERS UNDER ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General- Section 801(a) of the National Energy Conservation Policy Act (
‘(3) TASK OR DELIVERY ORDERS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The head of a Federal agency may issue a task or delivery order under an energy savings performance contract by--CommentsClose CommentsPermalink
‘(i)(I) notifying all contractors that have received an award under the contract that the agency proposes to consider using energy savings performance services for all or part of the facilities of the agency;CommentsClose CommentsPermalink
‘(II) soliciting an expression of interest in the performance of site surveys or investigations and feasibility designs and studies and the submission of qualifications from the contractors; andCommentsClose CommentsPermalink
‘(III) including in the notice summary information concerning energy use for any facilities that the agency has specific interest in including in the contract;CommentsClose CommentsPermalink
‘(ii) reviewing all expressions of interest and qualifications submitted pursuant to the notice provided under clause (i);CommentsClose CommentsPermalink
‘(iii) selecting 2 or more contractors (from among the contractors reviewed under clause (ii)) to analyze the respective qualifications of the contractors to implement potential energy conservation measures, including requesting references demonstrating experience on similar efforts and the resulting energy savings of the similar efforts;CommentsClose CommentsPermalink
‘(iv) selecting and authorizing--CommentsClose CommentsPermalink
‘(I) more than 1 contractor (from among the contractors selected under clause (iii)) to conduct site surveys, investigations, feasibility designs and studies, or similar assessments for the energy savings performance contract services (or for discrete portions of the services), for the purpose of allowing each such contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures; orCommentsClose CommentsPermalink
‘(II) 1 contractor (from among the contractors selected under clause (iii)) to conduct a site survey, investigation, feasibility design and study, or similar assessment for the purpose of allowing the contractor to submit a firm, fixed-price proposal to implement specific energy conservation measures;CommentsClose CommentsPermalink
‘(v) negotiating a task or delivery order for energy savings performance contracting services with the 1 or more contractors selected under clause (iv) based on the energy conservation measures identified; andCommentsClose CommentsPermalink
‘(vi) issuing a task or delivery order for energy savings performance contracting services to the 1 or more contractors.CommentsClose CommentsPermalink
‘(B) COMPETITION REQUIREMENTS- The issuance of a task or delivery order for energy savings performance contracting services pursuant to subparagraph (A) shall be consider to satisfy the task and delivery order competition requirements of
section 2304c(d) of title 10, United States Code , and section 303J(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(d) ).CommentsClose CommentsPermalink‘(C) GUIDANCE- The Secretary may issue guidance as necessary to Federal agencies issuing task or delivery orders pursuant to subparagraph (A).’.CommentsClose CommentsPermalink
(b) Nonapplicability- The amendment made by subsection (a) does not apply to a task or delivery order issued before the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 273. FUNDING FLEXIBILITY.
Section 801(a)(2) of the National Energy Conservation Policy Act (
‘(E) FUNDING OPTIONS- Notwithstanding any other provision of law, in carrying out a contract under this title, a Federal agency may use any combination of--CommentsClose CommentsPermalink
‘(i) appropriated funds; andCommentsClose CommentsPermalink
‘(ii) private financing under energy savings performance contracts or other private financing of energy savings measures.’.CommentsClose CommentsPermalink
SEC. 274. DEFINITION OF ENERGY SAVINGS.
Section 804(2)(B) of the National Energy Conservation Policy Act (
SEC. 275. 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 of Energy (referred to in this section as 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. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR INSTITUTIONS.
Section 399A of the Energy Policy and Conservation Act (
(1) in subsection (a)(5), by striking ‘or a designee’ and inserting ‘a not-for-profit hospital, a not-for-profit inpatient health care facility, or a designated agent’;CommentsClose CommentsPermalink
(2) in subsection (c)(1), by striking subparagraph (C);CommentsClose CommentsPermalink
(3) in subsection (f)(3)(A), by striking ‘$1,000,000’ and inserting ‘$2,500,000’; andCommentsClose CommentsPermalink
(4) in subsection (j)(1), by striking ‘$250,000,000 for each of fiscal years 2009 through 2013’ and inserting ‘such sums as are necessary for each of fiscal years 2010 through 2015’.CommentsClose CommentsPermalink
SEC. 277. FEDERAL IMPLEMENTATION STRATEGY FOR ENERGY-EFFICIENT INFORMATION AND COMMUNICATIONS TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act (
(1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(h) Federal Implementation Strategy for Energy-efficient Information and Communications Technologies-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the ‘Director’) to create an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use of energy efficient and energy-reducing information and communications technologies and practices.CommentsClose CommentsPermalink
‘(2) ADMINISTRATION- In developing an implementation strategy, each Federal agency shall--CommentsClose CommentsPermalink
‘(A) consider information and communications technologies and infrastructure, including--CommentsClose CommentsPermalink
‘(i) advanced metering infrastructure;CommentsClose CommentsPermalink
‘(ii) information and communications technology services and products;CommentsClose CommentsPermalink
‘(iii) efficient data center strategies;CommentsClose CommentsPermalink
‘(iv) computer power management;CommentsClose CommentsPermalink
‘(v) applications modernization and rationalization;CommentsClose CommentsPermalink
‘(vi) building systems energy efficiency; andCommentsClose CommentsPermalink
‘(vii) telework;CommentsClose CommentsPermalink
‘(B) ensure that the agency is eligible to realize savings and rewards brought about through increased efficiency; andCommentsClose CommentsPermalink
‘(C) to the maximum extent practicable, incorporate existing standards, specifications, performance metrics, and best management practices.CommentsClose CommentsPermalink
‘(3) PERFORMANCE GOALS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Director shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy efficiency of information and communications technology systems.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- The performance goals shall--CommentsClose CommentsPermalink
‘(i) measure information technology costs over a specific time period of 3 to 5 years; andCommentsClose CommentsPermalink
‘(ii) provide, to the maximum extent practicable, a complete picture of all costs, including energy costs.CommentsClose CommentsPermalink
‘(4) REPORTS-CommentsClose CommentsPermalink
‘(A) AGENCY REPORTS- Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007(
42 U.S.C. 17143 ) a description of the efforts of the agency under this subsection.CommentsClose CommentsPermalink‘(B) OMB GOVERNMENT EFFICIENCY REPORT AND SCORE CARDS- Effective beginning not later than April 1, 2011, the Director shall include in the annual report and scorecard of the Director under section 528 of the Energy Independence and Security Act of 2007 (
42 U.S.C. 17143 ) a description of the efforts of Federal agencies under this subsection.’.CommentsClose CommentsPermalink
SEC. 278. INCENTIVES FOR FEDERAL AGENCIES TO PARTICIPATE IN ENERGY EFFICIENCY PROGRAMS.
Section 546(c) of the National Energy Conservation Policy Act (
(1) in paragraph (1), by inserting ‘(including Independent System Operators, State agencies, and third party entities implementing those programs on behalf of utilities or State agencies)’ after ‘electric utilities’;CommentsClose CommentsPermalink
(2) in paragraph (2), by inserting ‘State agency, and third party entity implementing those programs on behalf of utilities or State agencies,’ after ‘such utility,’;CommentsClose CommentsPermalink
(3) in paragraph (3), by inserting ‘State agencies, and third party entities implementing those programs on behalf of utilities or State agencies,’ after ‘gas utilities’; andCommentsClose CommentsPermalink
(4) in the paragraph (4), by inserting ‘or State agency’ after ‘a utility’.CommentsClose CommentsPermalink
PART VI--ENERGY EFFICIENCY INFORMATION ON HOMES AND BUILDINGS
SEC. 281. BUILDING ENERGY PERFORMANCE INFORMATION PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ACHIEVED PERFORMANCE- The term ‘achieved performance’ means the measured energy consumption of a building determined using actual consumption data normalized for appropriate variables.CommentsClose CommentsPermalink
(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(3) BUILDING ENERGY PERFORMANCE- The term ‘building energy performance’ means primary energy consumption per square foot of floor space, or other measure of energy consumption per energy service, as determined by the Secretary for a building type.CommentsClose CommentsPermalink
(4) BUILDING ENERGY PERFORMANCE VALUE- The term ‘building energy performance value’ means a value used for comparing building energy performance among buildings, as determined by methods developed by the Administrator.CommentsClose CommentsPermalink
(5) BUILDING TYPE- The term ‘building type’ means a type of a building, as identified by the 1 or more principal activities in the building, such as office buildings, laboratories, libraries, data centers, retail spaces, hotels, food sales, food service, warehouses, and educational facilities.CommentsClose CommentsPermalink
(6) COMMERCIAL BUILDINGS ENERGY CONSUMPTION SURVEY- The term ‘Commercial Buildings Energy Consumption Survey’ means the Commercial Buildings Energy Consumption Survey authorized by section 205(k) of the Department of Energy Organization Act (
(7) COVERED BUILDING TYPE- The term ‘covered building type’ means a building type for which statistically significant energy performance data exist to serve as the basis of measurement protocols and certifications for building energy use.CommentsClose CommentsPermalink
(8) DESIGNED PERFORMANCE- The term ‘designed performance’ means the estimated energy performance of a building using a standardized set of operational conditions obtained from building construction documents and other available data.CommentsClose CommentsPermalink
(9) MEASUREMENT PROTOCOL- The term ‘measurement protocol’ means the methodology, prescribed by the Administrator, for determining the achieved performance or designed performance and the associated building energy performance value for a building of a specific building type.CommentsClose CommentsPermalink
(10) RESIDENTIAL ENERGY CONSUMPTION SURVEY- The term ‘Residential Energy Consumption Survey’ means the Residential Energy Consumption Survey authorized by section 205(k) of the Department of Energy Organization Act (
(11) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
(b) Building Energy Performance Information Program- The Administrator, in consultation with the Secretary, shall establish a voluntary energy performance information program with broad applicability to buildings nationwide--CommentsClose CommentsPermalink
(1) to provide timely and accurate information on comparative energy performance; andCommentsClose CommentsPermalink
(2) to increase public awareness of the importance of building energy efficiency and energy performance through public education.CommentsClose CommentsPermalink
(c) Building Type Determination for Assessment of Energy Performance-CommentsClose CommentsPermalink
(1) REPORT- Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes--CommentsClose CommentsPermalink
(A) all principal building types for which statistically significant energy performance data exists to serve as the basis for building energy performance information; andCommentsClose CommentsPermalink
(B) those building types for which additional data are required.CommentsClose CommentsPermalink
(2) ADDITIONAL RESOURCES AND REPORTS-CommentsClose CommentsPermalink
(A) IN GENERAL- For each principal building type identified under paragraph (1)(B), the Secretary shall include a description of--CommentsClose CommentsPermalink
(i) additional resources that will be required to fully develop the relevant databases; andCommentsClose CommentsPermalink
(ii) the anticipated timeline for completion of the data development.CommentsClose CommentsPermalink
(B) ADDITIONAL REPORTS- The Secretary shall submit to Congress additional reports on information required under this subsection as often as is considered necessary by the Secretary, but not less than once every 2 years.CommentsClose CommentsPermalink
(d) Improving Building Energy Consumption Databases-CommentsClose CommentsPermalink
(1) COMMERCIAL BUILDINGS ENERGY CONSUMPTION SURVEY- The Secretary shall support improvements to the Commercial Buildings Energy Consumption Survey or such other commercial buildings energy performance databases as the Secretary considers appropriate--CommentsClose CommentsPermalink
(A) to characterize the achieved performance of existing commercial buildings for the building types covered by the Commercial Buildings Energy Consumption Survey (as of the date of enactment of this Act); andCommentsClose CommentsPermalink
(B) to cover additional building types, as identified by the Secretary, to enable the development of measurement protocols for those building types under subsection (e) that cover at least 85 percent of all major commercial building energy use not later than 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) RESIDENTIAL ENERGY CONSUMPTION SURVEY- While conducting the Residential Energy Consumption Survey, the Secretary may evaluate whether the data, or other data types are appropriate, to enable the development of achieved performance measurement formats for residential building energy not later than 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(e) Energy Performance Measurement-CommentsClose CommentsPermalink
(1) MEASUREMENT- Not later than 2 years after identifying a covered building type, the Administrator shall, after providing notice and soliciting public comment, establish --CommentsClose CommentsPermalink
(A) methods to measure achieved performance and designed performance; andCommentsClose CommentsPermalink
(B) procedures for collecting and updating information.CommentsClose CommentsPermalink
(2) INFORMATION DISPLAY- After providing notice and soliciting public comment, the Administrator may--CommentsClose CommentsPermalink
(A) establish 1 or more formats that--CommentsClose CommentsPermalink
(i) display achieved performance and designed performance;CommentsClose CommentsPermalink
(ii) are tailored to building types; orCommentsClose CommentsPermalink
(iii) display other desired information related to building energy performance; andCommentsClose CommentsPermalink
(B) provide for the display of both achieved performance and designed performance for a building, other than in a case in which data are not available, practicable, or cost effective.CommentsClose CommentsPermalink
(3) EXISTING PROGRAMS- In developing formats under this subsection, the Administrator shall consider existing public and private programs for building energy performance information, including programs outside of the United States.CommentsClose CommentsPermalink
(4) CERTIFICATES- After providing for appropriate notice and comment, the Administrator shall publish the final specifications for the information, including on certificates or other forms of information applicable to covered building types.CommentsClose CommentsPermalink
(5) PROGRAM REVIEW- At least once every 5 years, the Administrator shall review, and as necessary, modify the building energy performance information program.CommentsClose CommentsPermalink
(f) Public Outreach- In consultation with the Administrator and in conjunction with other energy efficiency awareness efforts, the Secretary shall establish a business and consumer education program to increase awareness of the importance of building energy efficiency and the availability of building energy performance information, to facilitate widespread use of building energy performance information programs.CommentsClose CommentsPermalink
(g) Demonstration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator, in consultation with the Secretary shall conduct demonstration projects for different building types to evaluate the sufficiency of the model certificate specifications, measurement, and other alternatives proposed by State or local agencies, utilities, or other implementing organizations.CommentsClose CommentsPermalink
(2) ZERO-NET ENERGY COMMERCIAL BUILDINGS INITIATIVE- The Secretary shall coordinate demonstration projects under this subsection with the Zero-Net Energy Commercial Buildings Initiative established under section 422 of the Energy Independence and Security Act of 2007 (
(h) Voluntary State and Local Information Program-CommentsClose CommentsPermalink
(1) COORDINATION WITH STATES AND LOCAL GOVERNMENTS- On the request of a State or local government, the Secretary may--CommentsClose CommentsPermalink
(A) coordinate with the State energy office or other State agencies, or with the appropriate local government offices, on the development of a building energy performance information program;CommentsClose CommentsPermalink
(B) provide technical assistance and information on best practices; andCommentsClose CommentsPermalink
(C) in the case of a program that includes the key elements in paragraph (2), provide a grant for initial program administration.CommentsClose CommentsPermalink
(2) KEY ELEMENTS OF A BUILDING ENERGY PERFORMANCE INFORMATION PROGRAM- A model building energy information performance program shall--CommentsClose CommentsPermalink
(A) make information on building energy performance available to the public; andCommentsClose CommentsPermalink
(B) use the information formats established by the Administrator under subsection (e) or alternative formats.CommentsClose CommentsPermalink
(3) PROGRESS REPORT- Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a progress report that--CommentsClose CommentsPermalink
(A) evaluates the effectiveness of efforts to advance the use of the program by States and units of local government; andCommentsClose CommentsPermalink
(B) recommends any further steps that are necessary to broaden the use of the program by States and units of local government.CommentsClose CommentsPermalink
(i) Public Building Implementation-CommentsClose CommentsPermalink
(1) FEDERAL BUILDINGS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years after the date of enactment of this Act, each Federal agency owning or operating buildings of covered building types shall implement the building energy information program in a manner that--CommentsClose CommentsPermalink
(i) 30 percent of covered buildings built before the final rule establishing the program; andCommentsClose CommentsPermalink
(ii) 90 percent of the stock of covered building types built after the establishment of the program.CommentsClose CommentsPermalink
(B) GUIDELINES- Not later than 1 year after the date of enactment of this Act, the Secretary shall develop guidelines for the implementation of Federal building energy performance information programs.CommentsClose CommentsPermalink
(2) STATE AND UNITS OF LOCAL GOVERNMENT BUILDINGS-CommentsClose CommentsPermalink
(A) IN GENERAL- Effective beginning on the date that is 3 years after the date of enactment of this Act, any newly constructed building to be owned by a State, county, or local government that is a covered building and receives Federal financial assistance shall be required to use the certificate provided for under this section.CommentsClose CommentsPermalink
(B) INFORMATION- The Secretary shall provide information concerning the building energy performance information program for Federal buildings (including information on the results, best practices, accompanying analysis, and implementation) to States and units of local governments for adaptation and adoption, at the discretion of the States and units of local government, as soon as practicable after the date of enactment of this Act.CommentsClose CommentsPermalink
(j) Energy Star for Existing Buildings Program- The Administrator may use information, measurements, and other forms of energy performance information developed under this section to establish a voluntary Energy Star program that recognizes high efficiency retrofits of existing commercial and residential buildings.CommentsClose CommentsPermalink
(k) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 282. EVALUATION, MEASUREMENT, AND VERIFICATION OF ENERGY SAVINGS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) EVALUATION- The term ‘evaluation’ means the performance of studies and activities to determine--CommentsClose CommentsPermalink
(A) the effects of a program or project;CommentsClose CommentsPermalink
(B) changes in energy efficiency markets;CommentsClose CommentsPermalink
(C) levels of demand or energy savings; andCommentsClose CommentsPermalink
(D) program cost-effectiveness.CommentsClose CommentsPermalink
(2) IMPACT EVALUATION- The term ‘impact evaluation’ means the evaluation of the program or project-specific, directly induced changes in energy savings and greenhouse gas emissions reductions attributable to a program or project.CommentsClose CommentsPermalink
(3) MEASUREMENT AND VERIFICATION- The term ‘measurement and verification’ means data collection, monitoring, and analysis associated with the calculation of total energy and demand savings from individual sites or projects, including as a part of an impact evaluation.CommentsClose CommentsPermalink
(b) Rules- Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate uniform rules to document the energy savings and avoided greenhouse gas emissions of energy efficiency programs and projects that--CommentsClose CommentsPermalink
(1) receive funding from Federal, State, or local governments or public utilities;CommentsClose CommentsPermalink
(2) require specific levels of energy reductions; andCommentsClose CommentsPermalink
(3) are eligible for allowances or allowance proceeds based on energy savings and greenhouse gas emissions reductions under climate change regulations.CommentsClose CommentsPermalink
(c) Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- In developing rules under subsection (b), the Secretary shall ensure, to the maximum extent practicable, that the rules--CommentsClose CommentsPermalink
(A) are enforceable;CommentsClose CommentsPermalink
(B) give reasonable assurance that energy savings and avoided greenhouse gas emission from energy efficiency programs and projects are verifiable and additional;CommentsClose CommentsPermalink
(C) are complete and transparent;CommentsClose CommentsPermalink
(D) balance risk management, certainty of estimated impacts, and implementation costs; andCommentsClose CommentsPermalink
(E) provide sufficient direction relating to methodologies and assumptions (including additionality, market transformation impacts, and measure persistence) to ensure--CommentsClose CommentsPermalink
(i) reasonable uniformity among various States and entities; andCommentsClose CommentsPermalink
(ii) consistency in results.CommentsClose CommentsPermalink
(2) PROCESS- In developing rules under subsection (b), the Secretary shall--CommentsClose CommentsPermalink
(A) consider and harmonize the rules with existing domestic and international protocols wherever practicable; andCommentsClose CommentsPermalink
(B) consult with States, utilities, and other appropriate stakeholders.CommentsClose CommentsPermalink
PART VII--RESIDENTIAL HIGH PERFORMANCE ZERO-NET-ENERGY BUILDINGS INITIATIVE
SEC. 291. RESIDENTIAL HIGH PERFORMANCE ZERO-NET-ENERGY BUILDINGS INITIATIVE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) DIRECTOR- The term ‘Director’ means the Director of Residential High-Performance Zero-Net-Energy Buildings appointed under subsection (c).CommentsClose CommentsPermalink
(2) INITIATIVE- The term ‘Initiative’ means the Residential High Performance Zero-Net-Energy Buildings Initiative established under subsection (b).CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Energy, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy.CommentsClose CommentsPermalink
(4) ZERO-NET-ENERGY BUILDING- The term ‘zero-net-energy building’ means a residential building 4 stories or less that is designed, constructed, and operated--CommentsClose CommentsPermalink
(A) to require greatly reduced needs for energy through efficiency gains;CommentsClose CommentsPermalink
(B) to meet the balance of energy needs through renewable technologies;CommentsClose CommentsPermalink
(C) to produce no net emissions of greenhouse gases in space heating, cooling, domestic water heating, lighting, and appliances; andCommentsClose CommentsPermalink
(D) to be economically viable.CommentsClose CommentsPermalink
(b) Establishment- The Secretary shall establish and carry out an initiative, to be known as the ‘Residential High-Performance Zero-Net-Energy Buildings Initiative’--CommentsClose CommentsPermalink
(1) to reduce the quantity of energy consumed, and increase the quantity of renewable energy generated, in residential buildings located in the United States; andCommentsClose CommentsPermalink
(2) to promote the development of zero-net-energy buildings in the United States.CommentsClose CommentsPermalink
(c) Director-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall appoint a Director of Residential High-Performance Zero-Net-Energy Buildings to carry out the Initiative.CommentsClose CommentsPermalink
(2) POSITION- The position of the Director shall be a career reserved position in the Senior Executive Service,CommentsClose CommentsPermalink
(d) High-performance Residential Green Building Partnership Consortium-CommentsClose CommentsPermalink
(1) INITIAL PERIOD- Not later than 180 days after the date of enactment of this Act, the Director shall--CommentsClose CommentsPermalink
(A) use existing resources and frameworks (such as the residential research and development program) to enter into 1 or more agreements with the competitively selected Building America Industry consortia in existence on the date of enactment of this Act, if feasible, to develop and carry out the Initiative during the 5-year period beginning on the date of enactment of this Act; orCommentsClose CommentsPermalink
(B) competitively select, and enter into 1 or more agreements with, 1 or more consortia to develop and carry out the Initiative during the 5-year period.CommentsClose CommentsPermalink
(2) SUBSEQUENT PERIODS- Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Director shall competitively select, and enter into 1 or more agreements with, 1 or more consortia to develop and carry out the Initiative during a 5-year period.CommentsClose CommentsPermalink
(3) AGREEMENTS- In entering into an agreement with a consortium under this subsection, the Director shall, if appropriate, use the authority described in section 646(g) of the Department of Energy Organization Act (
(e) Goals- The goals of the Initiative shall be--CommentsClose CommentsPermalink
(1) to develop and disseminate technologies, practices, and policies for the development and establishment of zero-net-energy buildings; andCommentsClose CommentsPermalink
(2) to promote technologies and strategies that will enable--CommentsClose CommentsPermalink
(A) the design and construction of zero-net-energy buildings (including identification and validation) by 2015; andCommentsClose CommentsPermalink
(B) any new residential building constructed on or after 2020 to be a cost-effective zero-net-energy building.CommentsClose CommentsPermalink
(f) Components- In carrying out the Initiative, the Director, in consultation with the consortium selected under subsection (d) and leveraging existing resources and initiatives to the maximum extent practicable, may--CommentsClose CommentsPermalink
(1) conduct research and development on building science, design, materials, components, equipment and controls, operation and other practices, integration, energy use measurement, and benchmarking;CommentsClose CommentsPermalink
(2) conduct pilot programs and demonstration projects to evaluate replicable approaches to achieving energy-efficient residential buildings using renewable technologies for a variety of building types in a variety of climate zones;CommentsClose CommentsPermalink
(3) consider the energy benefits of improved land planning and transportation planning to maximize use of existing infrastructure;CommentsClose CommentsPermalink
(4) conduct deployment, dissemination, and technical assistance activities to encourage widespread adoption of technologies, practices, and policies to achieve energy efficient residential buildings;CommentsClose CommentsPermalink
(5) conduct other research, development, demonstration, and deployment activities necessary to achieve each goal of the Initiative, as determined by the Director, in consultation with the consortium;CommentsClose CommentsPermalink
(6) develop training materials and courses for building professionals and trades on achieving cost-effective zero-net-energy buildings;CommentsClose CommentsPermalink
(7) develop and disseminate public education materials to share information on the benefits and cost-effectiveness of zero-net-energy buildings;CommentsClose CommentsPermalink
(8) support code-setting organizations and State and local governments in developing minimum performance standards in building codes that recognize the ready availability of many technologies used in zero-net-energy buildings;CommentsClose CommentsPermalink
(9) develop strategies for overcoming the split incentives between builders and purchasers, and landlords and tenants, to ensure that energy-efficiency and renewable technology investments are made that are cost-effective on a lifecycle basis; andCommentsClose CommentsPermalink
(10) develop improved means of measurement and verification of energy savings and performance for public dissemination.CommentsClose CommentsPermalink
(g) Cost Sharing- In carrying out this section, the Director shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (
(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
(1) $40,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(2) $60,000,000 for each of fiscal years 2011 and 2012; andCommentsClose CommentsPermalink
(3) $100,000,000 for each of fiscal years 2013 through 2020.CommentsClose CommentsPermalink
Subtitle D--Electric GridCommentsClose CommentsPermalink
Subtitle D--Electric GridCommentsClose CommentsPermalink
SEC. 295. NATIONAL ELECTRIC SYSTEM EFFICIENCY AND PEAK DEMAND REDUCTION GOAL.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPLICABLE BASELINE- The term ‘applicable baseline’ means the highest annual peak demand during 1 or more years determined by the Commission, in consultation with the Secretary and the North American Electric Reliability Corporation.CommentsClose CommentsPermalink
(2) COMMISSION- The term ‘Commission’ means Federal Energy Regulatory Commission.CommentsClose CommentsPermalink
(3) DEMAND REDUCTION- The term ‘demand reduction’ means the reduction in annual peak demand as compared to a previous baseline year or period, expressed in megawatts.CommentsClose CommentsPermalink
(4) DYNAMIC PEAK MANAGEMENT CONTROL- The term ‘dynamic peak management control’ means the control of megawatts of electricity through a demand response program or other means that is directly capable of actively and dynamically reducing peak demand.CommentsClose CommentsPermalink
(5) LOAD-SERVING ENTITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘load-serving entity’ means an entity that provides electricity directly to retail consumers with the responsibility to ensure power quality and reliability.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘load-serving entity’ includes an entity described in subparagraph (A) that is investor-owned, publicly-owned, owned by a rural electric cooperative, or owned by another entity.CommentsClose CommentsPermalink
(6) PEAK DEMAND- The term ‘peak demand’ means electricity demand--CommentsClose CommentsPermalink
(A) during the highest hour on the system of a load-serving entity during a calendar year, expressed in megawatts;CommentsClose CommentsPermalink
(B) measured using an alternative calculation method determined by the Commission, in consultation with the Secretary and the North American Electric Reliability Corporation; andCommentsClose CommentsPermalink
(C) that takes into account monthly and seasonal variations in peak demand for electricity.CommentsClose CommentsPermalink
(7) PEAK DEMAND PERIOD- The term ‘peak demand period’ means the time period on the system of a load-serving entity relative to peak demand that may warrant special measures or electricity resources to maintain system reliability or avoid excess costs while meeting peak demand.CommentsClose CommentsPermalink
(8) REGIONAL TRANSMISSION ORGANIZATION- The term ‘Regional Transmission Organization’ means an entity that is approved as a Regional Transmission Organization by the Commission.CommentsClose CommentsPermalink
(9) SMART GRID- The term ‘smart grid’ means smart grid (within the meaning of title XIII of the Energy Independence and Security Act of 2007 (
(10) SYSTEM LOAD FACTOR- The term ‘system load factor’ means the ratio that the kilowatt hours consumed on a system bear to the highest level of demand in kilowatts on the system during a given year.CommentsClose CommentsPermalink
(b) Goal- It is the policy of the United States that--CommentsClose CommentsPermalink
(1) the national electric system efficiency goal of the United States is to optimize and make more efficient the planning and operation of national and local electricity systems in a manner that the system load factor of the systems will be improved by 1.5 percent per year during each of calendar years 2010 through 2030; andCommentsClose CommentsPermalink
(2) the goal described in paragraph (1) can be met or exceeded by lessening the difference between the periods of lowest and highest electricity demand, with particular focus on reducing the frequency and severity of peak demand periods, using smart grid and demand response technologies, practices, and activities, including--CommentsClose CommentsPermalink
(A) the reduction of overall electricity demand through the adoption of energy-efficient technologies or conservation practices;CommentsClose CommentsPermalink
(B) the use of demand response technologies, practices, and activities that allow dynamic control, load-shifting, and reduction of time-based electricity consumption by load-serving entities and electricity customers, including the wide-spread installation or use of--CommentsClose CommentsPermalink
(i) distributed generation;CommentsClose CommentsPermalink
(ii) smart meters and equipment with smart grid capabilities;CommentsClose CommentsPermalink
(iii) energy storage; andCommentsClose CommentsPermalink
(iv) time-based pricing that reflects marginal electricity generation costs; andCommentsClose CommentsPermalink
(C) the use of smart grid technologies, practices, and activities (including activities described in title XIII of the Energy Independence and Security Act of 2007 (
(c) Action Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary, in cooperation with the Commission, Regional Transmission Organizations, the National Association of Regulatory Utility Commissioners, and heads of other appropriate Federal agencies, shall develop an action plan to achieve or exceed the national goal established under subsection (a).CommentsClose CommentsPermalink
(2) PLAN CONTENTS- The action plan shall--CommentsClose CommentsPermalink
(A) identify future regulatory, funding, and policy priorities that would assist the United States in meeting the national goal described in paragraph (1);CommentsClose CommentsPermalink
(B) include data collection methodologies and compilations used to establish baseline and goal attainment data;CommentsClose CommentsPermalink
(C) include guidelines for the establishment of dynamic peak management control goals, including--CommentsClose CommentsPermalink
(i) the establishment of applicable baselines in a consistent nationwide manner; andCommentsClose CommentsPermalink
(ii) the use of a methodology that provides for adjustments to baseline and goals for a load-serving entity to reflect changes in the number of customers served, weather conditions, and any other appropriate factors;CommentsClose CommentsPermalink
(D) include a system and rules for measurement and verification of demand reductions; andCommentsClose CommentsPermalink
(E) coordinate with any existing complementary programs or initiatives managed by load-serving entities, Regional Transmission Organizations, and States.CommentsClose CommentsPermalink
(3) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a manner that provides appropriate opportunities for public input and comment.CommentsClose CommentsPermalink
(4) ACTION PLAN UPDATES- The Secretary shall--CommentsClose CommentsPermalink
(A) update the action plan every 3 years; andCommentsClose CommentsPermalink
(B) include the updated action plan in the national energy policy plan required by section 801 of the Department of Energy Organization Act (
(5) REPORT TO CONGRESS- In updating the national electric system efficiency goal established under subsection (a), 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--CommentsClose CommentsPermalink
(A) progress made toward implementing the necessary policies to meet the national goal;CommentsClose CommentsPermalink
(B) the resulting cost-savings to ratepayers and the United States economy;CommentsClose CommentsPermalink
(C) the improvements to the reliability and efficiency of the United States electricity grid; andCommentsClose CommentsPermalink
(D) any additional legal authorities necessary to achieve the national goal.CommentsClose CommentsPermalink
(6) PROGRESS REPORTING AND TRANSPARENCY FOR RATEPAYERS- Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a public domain website on which the Secretary shall provide information and data demonstrating progress by States, other jurisdictional entities, and load-serving entities in meeting the national electric system efficiency goal established under subsection (b).CommentsClose CommentsPermalink
(7) NO IMPACT ON EXISTING STATE GOALS AND STANDARDS- Nothing in this section diminishes any authority of a State or political subdivision of a State to adopt or enforce any law (including regulations) that increases electricity grid efficiency, smart grid and distributed generation deployment, dynamic peak management control, demand response and distributed storage, or the regulation of load-serving entities.CommentsClose CommentsPermalink
SEC. 296. UNIFORM NATIONAL STANDARDS FOR INTERCONNECTION OF CERTAIN SMALL POWER PRODUCTION FACILITIES.
(a) Findings- Section 2 of the Public Utility Regulatory Policies Act of 1978 (
(1) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (6), by striking the period at the end and inserting ‘, and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) uniform national standards for the interconnection of certain small power production facilities.’.CommentsClose CommentsPermalink
(b) Standards for Interconnection-CommentsClose CommentsPermalink
(1) IN GENERAL- Subtitle B of title I of the Public Utility Regulatory Policies Act of 1978 (
‘SEC. 118. INTERCONNECTION OF CERTAIN SMALL POWER PRODUCTION FACILITIES.
‘(a) Standard for Facilities of 15 Kilowatts or Less- The Commission shall establish a standard by which each electric utility shall make available, on request, interconnection service to any electric consumer that the electric utility serves with respect to any facility that generates up to 15 kilowatts of electric energy on the premises of the electric consumer.CommentsClose CommentsPermalink
‘(b) Enforcement-CommentsClose CommentsPermalink
‘(1) BY THE COMMISSION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in paragraph (2), the Commission may enforce the standard established under subsection (a) against any electric utility.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- The requirements of the standard shall be treated as a rule enforceable under the Federal Power Act (
16 U.S.C. 791a et seq.).CommentsClose CommentsPermalink‘(2) BY A STATE REGULATORY AUTHORITY- The Commission may enter into an agreement with a State regulatory authority to discontinue the enforcement of this section in the State by the Commission if the Commission finds that the State or the State regulatory authority has adopted and is enforcing a standard for interconnection services that is consistent with the standard established under subsection (a).CommentsClose CommentsPermalink
‘(3) RESUMPTION OF COMMISSION ENFORCEMENT- The Commission may rescind an agreement under paragraph (2) and resume enforcement of the standard established under subsection (a) if, as determined by the Commission, the State has failed to enforce a consistent State standard.CommentsClose CommentsPermalink
‘(c) Expanded Standard-CommentsClose CommentsPermalink
‘(1) REPORT- Not later than 3 years after the date of enactment of this section, the Commission shall submit to Congress a report on whether the standard established under subsection (a) should be amended to apply to facilities that generate up to 50 kilowatts of electric energy on the premises of an electric consumer.CommentsClose CommentsPermalink
‘(2) AUTHORITY TO AMEND STANDARD-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), if the Commission makes an affirmative determination under paragraph (1), the Commission may, after public notice and comment, amend the standard established under subsection (a) to apply to facilities that generate up to 50 kilowatts of electric energy on the premises of an electric consumer.CommentsClose CommentsPermalink
‘(B) DISAPPROVAL- Subparagraph (A) shall not apply if, during the first period of 90 calendar days (not counting days on which either House is not in session because of an adjournment of more than 3 days) of continuous session of Congress (broken only by an adjournment sine die) after the date of the receipt of the report under paragraph (1), a joint resolution is enacted disapproving the amendment of the standardCommentsClose CommentsPermalink
‘(d) Model Standard for Facilities of up to 20 Megawatts- The Commission shall establish a model standard for the interconnection of small power production facilities with a capacity greater than 15 kilowatts, but not greater than 20 megawatts, for the consideration of State regulatory authorities under section 111(d)(15).’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The table of contents in section 1(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to subtitle B of title I the following:CommentsClose CommentsPermalink
‘Sec. 118. Interconnection of certain small power production facilities.’.CommentsClose CommentsPermalink
TITLE III--IMPROVED ENERGY SECURITYCommentsClose CommentsPermalink
TITLE III--IMPROVED ENERGY SECURITYCommentsClose CommentsPermalink
Subtitle A--Cyber Security of the Electric Transmission GridCommentsClose CommentsPermalink
Subtitle A--Cyber Security of the Electric Transmission GridCommentsClose CommentsPermalink
SEC. 301. CRITICAL ELECTRIC INFRASTRUCTURE.
Part II of the Federal Power Act (
‘SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) CRITICAL ELECTRIC INFRASTRUCTURE- The term ‘critical electric infrastructure’ means systems and assets, whether physical or virtual, used for the generation, transmission, or distribution of electric energy affecting interstate commerce that, as determined by the Commission or the Secretary (as appropriate), are so vital to the United States that the incapacity or destruction of the systems and assets would have a debilitating impact on national security, national economic security, or national public health or safety.CommentsClose CommentsPermalink
‘(2) CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION- The term ‘critical electric infrastructure information’ means critical infrastructure information relating to critical electric infrastructure.CommentsClose CommentsPermalink
‘(3) CRITICAL INFRASTRUCTURE INFORMATION- The term ‘critical infrastructure information’ has the meaning given the term in section 212 of the Critical Infrastructure Information Act of 2002 (
6 U.S.C. 131 ).CommentsClose CommentsPermalink‘(4) CYBER SECURITY THREAT- The term ‘cyber security threat’ means the imminent danger of an act that disrupts, attempts to disrupt, or poses a significant risk of disrupting the operation of programmable electronic devices or communications networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure.CommentsClose CommentsPermalink
‘(5) CYBER SECURITY VULNERABILITY- The term ‘cyber security vulnerability’ means a weakness or flaw in the design or operation of any programmable electronic device or communication network that exposes critical electric infrastructure to a cyber security threat.CommentsClose CommentsPermalink
‘(6) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
‘(b) Authority of Commission-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Commission shall issue such rules or orders as are necessary to protect critical electric infrastructure from cyber security vulnerabilities.CommentsClose CommentsPermalink
‘(2) EXPEDITED PROCEDURES- The Commission may issue a rule or order without prior notice or hearing if the Commission determines the rule or order must be issued immediately to protect critical electric infrastructure from a cyber security vulnerability.CommentsClose CommentsPermalink
‘(3) CONSULTATION- Before issuing a rule or order under paragraph (2), to the extent practicable, taking into account the nature of the threat and urgency of need for action, the Commission shall consult with the entities described in subsection (e)(1) and with officials at other Federal agencies, as appropriate, regarding implementation of actions that will effectively address the identified cyber security vulnerabilities.CommentsClose CommentsPermalink
‘(4) TERMINATION OF RULES OR ORDERS- A rule or order issued to address a cyber security vulnerability under this subsection shall expire on the effective date of a standard developed and approved pursuant to section 215 to address the cyber security vulnerability.CommentsClose CommentsPermalink
‘(c) Emergency Authority of Secretary-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the Secretary determines that immediate action is necessary to protect critical electric infrastructure from a cyber security threat, the Secretary may require, by order, with or without notice, persons subject to the jurisdiction of the Commission under this section to take such actions as the Secretary determines will best avert or mitigate the cyber security threat.CommentsClose CommentsPermalink
‘(2) COORDINATION WITH CANADA AND MEXICO- In exercising the authority granted under this subsection, the Secretary is encouraged to consult and coordinate with the appropriate officials in Canada and Mexico responsible for the protection of cyber security of the interconnected North American electricity grid.CommentsClose CommentsPermalink
‘(3) CONSULTATION- Before exercising the authority granted under this subsection, to the extent practicable, taking into account the nature of the threat and urgency of need for action, the Secretary shall consult with the entities described in subsection (e)(1) and with officials at other Federal agencies, as appropriate, regarding implementation of actions that will effectively address the identified cyber security threat.CommentsClose CommentsPermalink
‘(4) COST RECOVERY- The Commission shall establish a mechanism that permits public utilities to recover prudently incurred costs required to implement immediate actions ordered by the Secretary under this subsection.CommentsClose CommentsPermalink
‘(d) Duration of Expedited or Emergency Rules or Orders- Any rule or order issued by the Commission without prior notice or hearing under subsection (b)(2) or any order issued by the Secretary under subsection (c) shall remain effective for not more than 90 days unless, during the 90 day-period, the Commission--CommentsClose CommentsPermalink
‘(1) gives interested persons an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation); andCommentsClose CommentsPermalink
‘(2) affirms, amends, or repeals the rule or order.CommentsClose CommentsPermalink
‘(e) Jurisdiction-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Notwithstanding section 201, this section shall apply to any entity that owns, controls, or operates critical electric infrastructure.CommentsClose CommentsPermalink
‘(2) COVERED ENTITIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An entity described in paragraph (1) shall be subject to the jurisdiction of the Commission for purposes of--CommentsClose CommentsPermalink
‘(i) carrying out this section; andCommentsClose CommentsPermalink
‘(ii) applying the enforcement authorities of this Act with respect to this section.CommentsClose CommentsPermalink
‘(B) JURISDICTION- This subsection shall not make an electric utility or any other entity subject to the jurisdiction of the Commission for any other purpose.CommentsClose CommentsPermalink
‘(3) ALASKA AND HAWAII EXCLUDED- Except as provided in subsection (f), nothing in this section shall apply in the State of Alaska or Hawaii.CommentsClose CommentsPermalink
‘(f) Defense Facilities- Not later than 1 year after the date of enactment of this section, the Secretary of Defense shall prepare, in consultation with the Secretary, the States of Alaska and Hawaii, the Territory of Guam, and the electric utilities that serve national defense facilities in those States and Territory, a comprehensive plan that identifies the emergency measures or actions that will be taken to protect the reliability of the electric power supply of the national defense facilities located in those States and Territory in the event of an imminent cybersecurity threat.CommentsClose CommentsPermalink
‘(g) Protection of Critical Electric Infrastructure Information-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Section 214 of the Critical Infrastructure Information Act of 2002 (
6 U.S.C. 133 ) shall apply to critical electric infrastructure information submitted to the Commission or the Secretary under this section to the same extent as that section applies to critical infrastructure information voluntarily submitted to the Department of Homeland Security under that Act (6 U.S.C. 131 et seq.).CommentsClose CommentsPermalink‘(2) RULES PROHIBITING DISCLOSURE- Notwithstanding
section 552 of title 5, United States Code , the Secretary and the Commission shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring cyber security under this section if the Secretary or Commission, as appropriate, decides disclosing the information would be detrimental to the security of critical electric infrastructure.CommentsClose CommentsPermalink‘(3) PROCEDURES FOR SHARING INFORMATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary and the Commission shall establish procedures on the release of critical infrastructure information to entities subject to this section, to the extent necessary to enable the entities to implement rules or orders of the Commission or the Secretary.CommentsClose CommentsPermalink
‘(B) REQUIREMENTS- The procedures shall--CommentsClose CommentsPermalink
‘(i) limit the redissemination of information described in subparagraph (A) to ensure that the information is not used for an unauthorized purpose;CommentsClose CommentsPermalink
‘(ii) ensure the security and confidentiality of the information;CommentsClose CommentsPermalink
‘(iii) protect the constitutional and statutory rights of any individuals who are subjects of the information; andCommentsClose CommentsPermalink
‘(iv) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.’.CommentsClose CommentsPermalink
Subtitle B--Nuclear EnergyCommentsClose CommentsPermalink
Subtitle B--Nuclear EnergyCommentsClose CommentsPermalink
SEC. 311. NATIONAL COMMISSION ON NUCLEAR WASTE.
The Nuclear Waste Policy Act of 1982 (
‘TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTECommentsClose CommentsPermalink
‘SEC. 601. ESTABLISHMENT OF COMMISSION.
‘There is established a Federal advisory committee to be known as the ‘National Commission on Nuclear Waste’ (referred to in this title as the ‘National Commission’).CommentsClose CommentsPermalink
‘SEC. 602. PURPOSES.
‘The purposes of the National Commission are--CommentsClose CommentsPermalink
‘(1) to conduct a comprehensive study of alternative means of safely managing or disposing of spent nuclear fuel and high-level radioactive waste from civilian nuclear activity and atomic energy defense activity; andCommentsClose CommentsPermalink
‘(2) to recommend to Congress such legislative or other action as may be necessary to manage or dispose of spent nuclear fuel and high-level radioactive waste successfully and safely.CommentsClose CommentsPermalink
‘SEC. 603. COMPOSITION OF THE NATIONAL COMMISSION.
‘(a) Members- The National Commission shall be composed of 11 members appointed by the President from among prominent United States citizens with national recognition and significant depth of experience in such professions as government service, public administration, natural or physical sciences, engineering, and public health and safety.CommentsClose CommentsPermalink
‘(b) Exclusion- An officer or employee of the Federal Government or any State or local government may not serve as a member of the National Commission.CommentsClose CommentsPermalink
‘(c) Balance- The membership of the National Commission shall be fairly balanced in terms of the points of view represented and functions to be performed by the National Commission. Not more than 6 members of the National Commission shall be members of the same political party.CommentsClose CommentsPermalink
‘(d) Independence- The advice and recommendations of the National Commission shall result from the National Commission’s independent judgment and shall not be inappropriately influenced by any special interest.CommentsClose CommentsPermalink
‘(e) Chairman- The President shall designate a chairman (referred to in this title as the ‘Chairman’) from among the members of the National Commission.CommentsClose CommentsPermalink
‘SEC. 604. FUNCTIONS.
‘(a) Study of Alternative Waste Management Strategies- The National Commission shall--CommentsClose CommentsPermalink
‘(1) examine alternative means of safely managing and disposing of spent nuclear fuel and high-level radioactive waste from civilian nuclear activity and atomic defense activity, including--CommentsClose CommentsPermalink
‘(A) deep geologic disposal of spent nuclear fuel and high-level radioactive waste in a repository;CommentsClose CommentsPermalink
‘(B) long-term storage of spent nuclear fuel and high-level radioactive waste at the sites where it is currently stored or being generated;CommentsClose CommentsPermalink
‘(C) long-term storage of spent nuclear fuel and high-level radioactive waste at 1 or more regional storage facilities;CommentsClose CommentsPermalink
‘(D) chemical reprocessing of spent nuclear fuel with uranium and plutonium recycling; andCommentsClose CommentsPermalink
‘(E) such other alternatives or combination of alternatives to managing and disposing of spent nuclear fuel and high-level radioactive waste as the National Commission determines to be reasonable; andCommentsClose CommentsPermalink
‘(2) evaluate, for each of the alternatives considered under paragraph (1)--CommentsClose CommentsPermalink
‘(A) the degree to which the alternative will isolate spent nuclear fuel and high-level radioactive waste from the public and the environment;CommentsClose CommentsPermalink
‘(B) the degree to which the alternative will expose workers, the general public, and the environment to radiation during the handling, treatment, or processing of spent nuclear fuel and high-level radioactive waste prior to final disposition;CommentsClose CommentsPermalink
‘(C) the degree to which the alternative will be secure from attack or intrusion;CommentsClose CommentsPermalink
‘(D) the risk of nuclear proliferation posed by the alternative;CommentsClose CommentsPermalink
‘(E) the total life cycle cost of the alternative;CommentsClose CommentsPermalink
‘(F) the length of time needed to site, license, and construct necessary facilities;CommentsClose CommentsPermalink
‘(G) the degree to which spent nuclear fuel and high-level radioactive waste will need to be transported between facilities; andCommentsClose CommentsPermalink
‘(H) the cumulative effect of the alternative on the environment, and measures that can be taken to avoid or minimize adverse effects of the alternative on the environment.CommentsClose CommentsPermalink
‘(b) Review of Prior Repository Program- The National Commission shall--CommentsClose CommentsPermalink
‘(1) review the efforts of the Department to implement the programs under title I and identify any deficiencies in the implementation of those programs; andCommentsClose CommentsPermalink
‘(2) recommend any measures to ensure that future efforts to site a repository or storage facility will--CommentsClose CommentsPermalink
‘(A) provide a reasonable assurance that the public and the environment will be adequately protected from the hazards posed by spent nuclear fuel or high-level radioactive waste stored or disposed of in the facility; andCommentsClose CommentsPermalink
‘(B) be acceptable to the public.CommentsClose CommentsPermalink
‘(c) Review of Reprocessing and Advanced Fuel Cycle Programs- The National Commission shall--CommentsClose CommentsPermalink
‘(1) review foreign and domestic programs to reprocess commercial spent nuclear fuel;CommentsClose CommentsPermalink
‘(2) assess the technical challenges of developing and validating the safe operation of the processes and systems required to recycle commercial spent nuclear fuel without separating plutonium, including the time and funding resources likely to be required;CommentsClose CommentsPermalink
‘(3) evaluate the regulatory adequacy of health and safety standards for radionuclide release from recycling facilities and recycled fuel fabrication facilities;CommentsClose CommentsPermalink
‘(4) assess the probable forms of the final wastes resulting from reprocessing operations, including how such wastes would be stored and maintained pending disposal; andCommentsClose CommentsPermalink
‘(5) analyze the technical, economic, environmental, and health and safety advantages and disadvantages of reprocessing spent nuclear fuel compared to disposal in a geologic repository.CommentsClose CommentsPermalink
‘(d) Study of Incentives Program- The National Commission shall--CommentsClose CommentsPermalink
‘(1) examine the economic and other impacts of hosting a nuclear waste repository, reprocessing facility, or regional storage facility on the host State, any affected Indian tribe, and any affected unit of local government; andCommentsClose CommentsPermalink
‘(2) recommend measures it determines necessary or advisable to provide economic compensation and incentives to a State, Indian tribe, or unit of local government that agrees to host a repository, reprocessing facility, or regional storage facility.CommentsClose CommentsPermalink
‘(e) Study of Alternative Means of Managing and Operating the Nuclear Waste Program- The National Commission shall--CommentsClose CommentsPermalink
‘(1) study alternative approaches to managing the construction and operation of civilian nuclear waste management facilities, including the feasibility of establishing a private corporation for such purposes; andCommentsClose CommentsPermalink
‘(2) recommend whether responsibility for managing the siting, construction, and operation, and monitoring of civilian nuclear waste management facilities should continue to be vested in the Secretary or whether it should be transferred to an alternative Federal agency or entity.CommentsClose CommentsPermalink
‘(f) Study of Alternative Means of Financing- The National Commission shall--CommentsClose CommentsPermalink
‘(1) examine the cost of carrying out nuclear waste management activities;CommentsClose CommentsPermalink
‘(2) evaluate the adequacy of the Waste Fund; andCommentsClose CommentsPermalink
‘(3) recommend measures the National Commission determines necessary or advisable for--CommentsClose CommentsPermalink
‘(A) the disposition of balances remaining in the Waste Fund; andCommentsClose CommentsPermalink
‘(B) the collection and disposition of any additional fees that may be needed to ensure that the cost of carrying out nuclear waste disposal activities are fully recovered from the persons responsible for generating such waste.CommentsClose CommentsPermalink
‘SEC. 605. ADMINISTRATION.
‘(a) Compensation- Each member of the National Commission shall be compensated at the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code , for each day the member is engaged in the work of the National Commission.CommentsClose CommentsPermalink‘(b) Travel Expenses- Each member of the National Commission may receive travel expenses, including per diem in lieu of subsistence, in the same manner as person employed intermittently in the Federal Government service under
section 5703 of title 5, United States Code .CommentsClose CommentsPermalink‘(c) Staff- The Chairman is authorized to appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the National Commission to carry out its functions, subject to the applicable provisions of the Federal Advisory Committee Act (5 U.S.C. App.) and title 5, United States Code.CommentsClose CommentsPermalink
‘(d) Detailees-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Any Federal Government employee may be detailed to the National Commission without reimbursement from the National Commission.CommentsClose CommentsPermalink
‘(2) EXCEPTION- Notwithstanding paragraph (1), no employee of the Department may be detailed to the National Commission.CommentsClose CommentsPermalink
‘(3) EFFECT ON DETAILEE- Any such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.CommentsClose CommentsPermalink
‘(e) Consultants- The National Commission may procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code .CommentsClose CommentsPermalink‘(f) Contracting- The National Commission may, to the extent funds are available under this title or subsequent appropriation Acts, enter into contracts to enable the National Commission to discharge its duties under this title.CommentsClose CommentsPermalink
‘(g) Information From Federal Agencies- The National Commission may request any Federal agency, including the Nuclear Waste Technical Review Board, to furnish such information, advice, or assistance as it determines necessary to carry out its functions, and each such agency shall, to the extent permitted by law, furnish such information, advice, or assistance upon the request of the Chairman.CommentsClose CommentsPermalink
‘(h) Assistance From the General Services Administration- The Administrator of General Services shall, upon the request of the Chairman, provide the National Commission with necessary administrative services, facilities, and support, on a reimbursable basis.CommentsClose CommentsPermalink
‘(i) Postal Services- The National Commission may use the United States mails in the same manner and under the same conditions as a Federal agency.CommentsClose CommentsPermalink
‘SEC. 606. REPORT.
‘The National Commission shall submit to the President and Congress a final report containing the National Commission’s findings, conclusions, and recommendations not later than 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
‘SEC. 607. FUNDING.
‘(a) Transfer of Funds- Notwithstanding section 302(d), of the amounts authorized to be appropriated to the Secretary from the Waste Fund under the heading ‘Nuclear Waste Disposal’ under title III of division C of the Omnibus Appropriations Act, 2009 (
Public Law 111-8 ; 123 Stat. 618), $3,000,000 shall be transferred to the National Commission for purposes of carrying out this title.CommentsClose CommentsPermalink‘(b) Duration of Availability- Except as provided in section 608(b), amounts made available to the National Commission under subsection (a) shall remain available until expended or the termination of the National Commission.CommentsClose CommentsPermalink
‘SEC. 608. TERMINATION.
‘(a) In General- The National Commission, and all authorities under this title, shall terminate 60 days after the date on which the final report is submitted under section 606.CommentsClose CommentsPermalink
‘(b) Unexpended Funds- Any funds made available to the National Commission under section 607 that are not expended by the National Commission by the date on which the National Commission is terminated under subsection (a) shall be deposited in the general fund of the Treasury.’.CommentsClose CommentsPermalink
SEC. 312. SENSE OF CONGRESS REGARDING THE STRATEGIC ROLE OF NUCLEAR ENERGY.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) nuclear energy is a strategic technology and should be recognized for--CommentsClose CommentsPermalink
(A) providing clean and secure domestic energy for the United States; andCommentsClose CommentsPermalink
(B) reducing greenhouse gases;CommentsClose CommentsPermalink
(2) the use and expansion of nuclear energy technology is essential for--CommentsClose CommentsPermalink
(A) the production of electricity and other industrial applications; andCommentsClose CommentsPermalink
(B) the reduction of greenhouse gas emissions;CommentsClose CommentsPermalink
(3) it is the continuing obligation of the Federal Government to provide for the safe disposal of spent nuclear fuel and high-level radioactive waste, including the development of any analysis or assessment that is required to establish a sustainable, long-term program for the management of spent nuclear fuel and high-level radioactive waste;CommentsClose CommentsPermalink
(4) spent nuclear fuel and high-level radioactive waste should be stored in a limited number of secure, centralized facilities;CommentsClose CommentsPermalink
(5) to encourage State and local support for the establishment of centralized spent nuclear fuel and high-level radioactive waste storage facilities, the Federal Government should expedite the conduct of a sustainable long-term management program;CommentsClose CommentsPermalink
(6) the reprocessing of spent nuclear fuel may--CommentsClose CommentsPermalink
(A) reduce the burden on geological repositories for ultimate waste disposal; andCommentsClose CommentsPermalink
(B) provide additional fuel for nuclear reactors; andCommentsClose CommentsPermalink
(7) advanced technologies in spent fuel recycling and advanced reactors may--CommentsClose CommentsPermalink
(A) further reduce the volume and radioactivity of high-level radioactive waste; andCommentsClose CommentsPermalink
(B) provide for a closed fuel cycle that will generate additional fuel for nuclear reactors.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Federal Government should reaffirm the policy of the United States--CommentsClose CommentsPermalink
(1) to support the use and expansion of nuclear energy technology for--CommentsClose CommentsPermalink
(A) the production of electricity and other industrial applications; andCommentsClose CommentsPermalink
(B) the reduction of greenhouse gas emissions; andCommentsClose CommentsPermalink
(2) to fulfill the obligation of the Federal Government with respect to spent nuclear fuel and high-level radioactive waste.CommentsClose CommentsPermalink
SEC. 313. ADVANCED FUEL RECYCLING PROCESS DEVELOPMENT.
Section 953 of the Energy Policy Act of 2005 (
(1) in subsection (b), by striking ‘Research’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Advanced Fuel Recycling Process Development-CommentsClose CommentsPermalink
‘(1) DEFINITION OF ADVANCED FUEL RECYCLING PROCESS- In this subsection through subsection (g), the term ‘advanced fuel recycling process’ means an integrated, proliferation-resistant, spent nuclear fuel recycling or transmutation process that--CommentsClose CommentsPermalink
‘(A) does not separate pure plutonium;CommentsClose CommentsPermalink
‘(B) reduces the burden on geological repositories for ultimate waste disposal;CommentsClose CommentsPermalink
‘(C) minimizes environmental and public health and safety impacts; andCommentsClose CommentsPermalink
‘(D) is an alternative to reprocessing technologies deployed prior to the date of enactment of this subsection.CommentsClose CommentsPermalink
‘(2) DESIGN, CRITERIA, AND EVALUATIONS- In addition to the activities authorized under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
‘(A) complete the development and testing of a complete and integrated process flowsheet for all steps involved in an advanced fuel recycling process;CommentsClose CommentsPermalink
‘(B) characterize the waste streams resulting from all steps in the advanced fuel recycling process identified under subparagraph (A);CommentsClose CommentsPermalink
‘(C) develop waste treatment processes and designs for disposal facilities for waste streams characterized under subparagraph (B);CommentsClose CommentsPermalink
‘(D) on completion of sufficient technical progress in the program, as evaluated under subsection (g)--CommentsClose CommentsPermalink
‘(i) develop a generic environmental impact statement for the technologies developed under this subsection; andCommentsClose CommentsPermalink
‘(ii) conduct design and engineering work sufficient to develop firm cost estimates with respect to the development of advanced fuel recycling processes; andCommentsClose CommentsPermalink
‘(E) cooperate with the Nuclear Regulatory Commission in making facilities of the Department available to the Commission for purposes of the Commission carrying out independent, confirmatory research as part of the licensing process for facilities constructed or used under the program.CommentsClose CommentsPermalink
‘(f) Regulatory Standards-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Nuclear Regulatory Commission shall have licensing and related regulatory authority under the Atomic Energy Act of 1954 (
42 U.S.C. 2011 et seq.) over facilities that use an advanced fuel recycling process.CommentsClose CommentsPermalink‘(2) REVISION OF APPLICABLE STANDARDS-CommentsClose CommentsPermalink
‘(A) NUCLEAR REGULATORY COMMISSION- The Nuclear Regulatory Commission shall establish standards for protection against radiation (including occupational exposures) resulting from activities at facilities that use an advanced fuel recycling process, including facilities to fabricate fuel enriched with actinide elements other than uranium.CommentsClose CommentsPermalink
‘(B) ENVIRONMENTAL PROTECTION AGENCY- The Administrator of the Environmental Protection Agency shall establish generally applicable environmental standards for the protection of the public and the general environment from radioactive material released from facilities that use an advanced fuel recycling process, including facilities to fabricate fuel enriched with actinide elements other than uranium.CommentsClose CommentsPermalink
‘(g) Comprehensive Evaluation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- On completion of sufficient technical progress in the program under subsection (e), the Secretary shall direct the Nuclear Energy Advisory Committee and the Nuclear Waste Technical Review Board to evaluate and prepare reports concerning the readiness of the program for detailed design, engineering, licensing, and deployment of advanced fuel recycling processes.CommentsClose CommentsPermalink
‘(2) REPORT- The Secretary shall submit to Congress the reports of the Nuclear Energy Advisory Committee and the Nuclear Waste Technical Review Board described in paragraph (1) with the first budget request submitted to carry out activities covered by the reports.’.CommentsClose CommentsPermalink
Subtitle C--Improving United States Strategic ReservesCommentsClose CommentsPermalink
Subtitle C--Improving United States Strategic ReservesCommentsClose CommentsPermalink
SEC. 321. PETROLEUM PRODUCT RESERVE.
(a) Strategic Petroleum Reserve- Section 154(a) of the Energy Policy and Conservation Act (
(b) Plan- Title I of the Energy Policy and Conservation Act is amended by inserting after section 154 (
‘SEC. 155. PLAN.
‘Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the President and, if the President approves, to Congress, a plan to include refined petroleum products in the Strategic Petroleum Reserve, including a description of--CommentsClose CommentsPermalink
‘(1) the disposition of refined petroleum products that shall be stored in the Reserve, which shall be selected--CommentsClose CommentsPermalink
‘(A) to alleviate shortages that might be expected to result from hurricanes, earthquakes, or other acts of nature; andCommentsClose CommentsPermalink
‘(B) to minimize the number of different kinds of refined petroleum products that shall be stored;CommentsClose CommentsPermalink
‘(2) the method of acquisition of refined petroleum products for storage in the Reserve, which shall--CommentsClose CommentsPermalink
‘(A) be intended to minimize both the cost and market disruption associated with the acquisition; andCommentsClose CommentsPermalink
‘(B) include--CommentsClose CommentsPermalink
‘(i) an analysis of the option of exchanging crude oil from the Reserve for refined petroleum products; andCommentsClose CommentsPermalink
‘(ii) the anticipated time requirement for building the inventory of refined petroleum products;CommentsClose CommentsPermalink
‘(3) storage facility options for the storage of refined petroleum products, including the anticipated location of existing or new facilities;CommentsClose CommentsPermalink
‘(4) the estimated costs of establishment, maintenance, and operation of the refined petroleum product component of the Reserve;CommentsClose CommentsPermalink
‘(5) efforts the Department will take to ensure that distributors and importers are not discouraged from maintaining and increasing supplies of refined petroleum products; andCommentsClose CommentsPermalink
‘(6) actions that will be taken to ensure quality of refined petroleum products in the Reserve, including the rotation of products stored.’.CommentsClose CommentsPermalink
(c) Drawdown and Sale- Section 161 of the Energy Policy and Conservation Act (
42 U.S.C. 6241 ) is amended--CommentsClose CommentsPermalink
(1) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink
‘(d) Limitation on Drawdown and Sale-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the Secretary determines that--CommentsClose CommentsPermalink
‘(A) the drawdown and sale are required by--CommentsClose CommentsPermalink
‘(i) a severe energy market supply disruption; orCommentsClose CommentsPermalink
‘(ii) obligations of the United States under the international energy program; orCommentsClose CommentsPermalink
‘(B) in the case of the refined petroleum product component of the Reserve, a sale of refined petroleum products will mitigate the impacts of weather-related events or other acts of nature that have resulted in a severe energy market supply disruption.CommentsClose CommentsPermalink
‘(2) SEVERE ENERGY MARKET SUPPLY DISRUPTION- For purpose of this subsection, a severe energy market supply disruption shall be considered to exist if the Secretary determines that--CommentsClose CommentsPermalink
‘(A) an emergency situation exists and there is a disruption in global oil market supplies of significant scope and duration;CommentsClose CommentsPermalink
‘(B) a severe increase in the price of petroleum products has resulted, or is likely to result, from the emergency situation; andCommentsClose CommentsPermalink
‘(C) the price increase is likely to cause a major adverse impact on the national economy.’; andCommentsClose CommentsPermalink
(2) in subsections (h)(1) and (i), by striking ‘President’ each place it appears and inserting ‘Secretary’.CommentsClose CommentsPermalink
SEC. 322. PETROLEUM EXCHANGE AUTHORITY.
(a) Petroleum Products for Storage in Strategic Petroleum Reserve- Section 160(a) of the Energy Policy and Conservation Act (
(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately;CommentsClose CommentsPermalink
(2) in subparagraph (A) (as redesignated by paragraph (1)), by inserting a semicolon at the end;CommentsClose CommentsPermalink
(3) in subparagraph (C) (as redesignated by paragraph (1)), by inserting ‘in accordance with paragraph (2),’ before ‘petroleum products’;CommentsClose CommentsPermalink
(4) by striking ‘(a) The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(a) Authority of Secretary-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) MONETARY COMPENSATION- In acquiring petroleum products under paragraph (1)(C), the Secretary may accept monetary compensation for differences in volume, quality, or time of delivery as a result of--CommentsClose CommentsPermalink
‘(A) exchanges or deferrals of deliveries in the event that the reserve inventory is at the rated capacity of the reserve inventory; orCommentsClose CommentsPermalink
‘(B) discrepancies in delivered volumes with respect to contractual volumes.’.CommentsClose CommentsPermalink
(b) SPR Petroleum Account- Section 167(b) of the Energy Policy and Conservation Act (
(1) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;CommentsClose CommentsPermalink
(2) in paragraph (1) (as redesignated by paragraph (1)), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(3) in paragraph (2) (as redesignated by paragraph (1)), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) notwithstanding section 660 of the Department of Energy Organization Act (
42 U.S.C. 7270 ), for each fiscal year, in an aggregate amount equal to the aggregate amount of the receipts to the United States from any exchange of petroleum products or discrepancies in delivered volume under section 160 (including section 160(a)(1)(C)).’.CommentsClose CommentsPermalink
Subtitle D--Federal Oil and Gas DevelopmentCommentsClose CommentsPermalink
Subtitle D--Federal Oil and Gas DevelopmentCommentsClose CommentsPermalink
PART I--OIL AND GAS LEASING
SEC. 331. OIL AND GAS PERMIT PROCESSING IMPROVEMENT FUND.
Section 35(c) of the Mineral Leasing Act (
‘(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated from the Fund, or to the extent adequate funds in the Fund are not available from miscellaneous receipts of the Treasury, for the coordination and processing of oil and gas use authorizations and for oil and gas inspection and enforcement on onshore Federal land under the jurisdiction of the Pilot Project offices described in section 365(d) of the Energy Policy Act of 2005 (
42 U.S.C. 15924(d) ) $20,000,000 for each of fiscal years 2016 through 2020, to remain available until expended.’.CommentsClose CommentsPermalink
SEC. 332. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (
‘(4) LAND SUBJECT TO OIL AND GAS LEASE- Land under an oil and gas lease issued pursuant to the Mineral Leasing Act (
30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for leasing under subsection (c) by the holder of the oil and gas lease--CommentsClose CommentsPermalink
‘(A) on a determination that--CommentsClose CommentsPermalink
‘(i) geothermal energy will be produced from a well producing or capable of producing oil and gas; andCommentsClose CommentsPermalink
‘(ii) the public interest will be served by the issuance of such a lease; andCommentsClose CommentsPermalink
‘(B) in order to provide for the coproduction of geothermal energy with oil and gas.’.CommentsClose CommentsPermalink
PART II--OUTER CONTINENTAL SHELF
SEC. 341. IMPLEMENTATION OF INVENTORY OF OUTER CONTINENTAL SHELF RESOURCES.
(a) In General- Section 357 of the Energy Policy Act of 2005 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking the first sentence of the matter preceding paragraph (1) and inserting the following: ‘The Secretary shall conduct a seismic inventory of oil and natural gas, and prepare a summary (the latter prepared with the assistance of, and based on information provided by, the heads of appropriate Federal agencies) of the information obtained under paragraph (3), for the waters of the United States Outer Continental Shelf (referred to in this section as the ‘OCS’) in the Atlantic Region, the Eastern Gulf of Mexico, and the Alaska Region.’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘3-D’ and inserting ‘2-D and 3-D’; andCommentsClose CommentsPermalink
(ii) by adding ‘and’ at the end; andCommentsClose CommentsPermalink
(C) by striking paragraphs (3) through (5) and inserting in the following:CommentsClose CommentsPermalink
‘(3) use existing inventories and mapping of marine resources undertaken by the National Oceanographic and Atmospheric Administration and with the assistance of and based on information provided by the Department of Defense and other Federal and State agencies possessing relevant data, and use any available data regarding alternative energy potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses.’; andCommentsClose CommentsPermalink
(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Implementation- The Secretary shall carry out the inventory and analysis under subsection (a) in 3 phases, with priority given to all or part of applicable planning areas of the outer Continental Shelf--CommentsClose CommentsPermalink
‘(1) estimated to have the greatest potential for energy development in barrel of oil equivalent; andCommentsClose CommentsPermalink
‘(2) outside of any leased area or area scheduled for leasing prior to calendar year 2011 under any outer Continental Shelf 5-year leasing program or amendment to the program under section 18 of the Outer Continental Shelf Lands Act (
43 U.S.C. 1344 ).CommentsClose CommentsPermalink‘(c) Reports-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 90 days after the date of enactment of this paragraph, 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 provides a plan for executing the seismic inventories required under this section, including an estimate of the costs to complete the seismic inventory by region and environmental and permitting activities to facilitate expeditious completion.CommentsClose CommentsPermalink
‘(2) FIRST PHASE- Not later than 2 years after the date of enactment of this paragraph, the Secretary shall submit to Congress a report describing the results of the first phase of the inventory and analysis under subsection (a).CommentsClose CommentsPermalink
‘(3) SUBSEQUENT PHASES- Not later than 2 years after the date on which the report is submitted under paragraph (2) and 2 years thereafter, the Secretary shall submit to Congress a report describing the results of the second and third phases, respectively, of the inventory and analysis under subsection (a).CommentsClose CommentsPermalink
‘(4) PUBLIC AVAILABILITY- A report submitted under paragraph (2) or (3) shall be--CommentsClose CommentsPermalink
‘(A) made publicly available; andCommentsClose CommentsPermalink
‘(B) updated not less frequently than once every 5 years.’.CommentsClose CommentsPermalink
(b) Relationship to 5-Year Program- The requirement that the Secretary of the Interior carry out the inventory required by the amendment made by subsection (a) shall not be considered to require, authorize, or provide a basis or justification for delay by the Secretary of the Interior or any other agency of the issuance of any outer Continental Shelf leasing program or amendment to the program under section 18 of the Outer Continental Shelf Lands Act (
(c) Permits- Nothing in this section or an amendment made by this section precludes the issuance by the Secretary of the Interior of a permit to conduct geological and geophysical exploration of the outer Continental Shelf in accordance with the Outer Continental Shelf Lands Act (
(d) Funding- Section 999H(d) of the Energy Policy Act of 2005 (
(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) 35 percent shall be used for activities under section 999A(b)(1), except that for each of fiscal years 2010 through 2015 the amount made available under this paragraph shall be used to carry out section 357 (for the completion of necessary environmental analyses under the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.), with a priority given to completion of programmatic environmental impact statements necessary to carry out the seismic inventory or portions of the inventory required by section 357, and the use of seismic technology to obtain accurate resource estimates).’; andCommentsClose CommentsPermalink
(2) in paragraph (4)--CommentsClose CommentsPermalink
(A) by inserting ‘(A) except as provided in subparagraph (B),’ before ‘25’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) notwithstanding subparagraph (A), for each of fiscal years 2010 through 2015--CommentsClose CommentsPermalink
‘(i) 15 percent shall be used for the purposes described in subparagraph (A); andCommentsClose CommentsPermalink
‘(ii) 10 percent shall be used for the activities described in paragraph (1).’.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, to be available until expended without fiscal year limitation--CommentsClose CommentsPermalink
(1) $100,000,000 for each of fiscal years 2010 through 2015; andCommentsClose CommentsPermalink
(2) $50,000,000 for each of fiscal years 2016 through 2020.CommentsClose CommentsPermalink
SEC. 342. ALASKA OCS PERMIT PROCESSING COORDINATION OFFICE.
(a) Establishment- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall establish a regional joint outer Continental Shelf lease and permit processing office for the Alaska outer Continental Shelf region.CommentsClose CommentsPermalink
(b) Memorandum of Understanding-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for the purposes of carrying out this section with--CommentsClose CommentsPermalink
(A) the Secretary of Commerce;CommentsClose CommentsPermalink
(B) the Chief of Engineers;CommentsClose CommentsPermalink
(C) the Administrator of the Environmental Protection Agency; andCommentsClose CommentsPermalink
(D) any other Federal agency that may have a role in permitting activities.CommentsClose CommentsPermalink
(2) STATE PARTICIPATION- The Secretary shall request that the Governor of Alaska be a signatory to the memorandum of understanding.CommentsClose CommentsPermalink
(c) Designation of Qualified Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), each Federal signatory party shall, if appropriate, assign to the office described in subsection (a) an employee who has expertise in the regulatory issues administered by the office in which the employee is employed relating to leasing and the permitting of oil and gas activities on the outer Continental Shelf.CommentsClose CommentsPermalink
(2) DUTIES- An employee assigned under paragraph (1) shall--CommentsClose CommentsPermalink
(A) not later than 90 days after the date of assignment, report to the office described in subsection (a);CommentsClose CommentsPermalink
(B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; andCommentsClose CommentsPermalink
(C) participate as part of the applicable team of personnel working on proposed oil and gas leasing and permitting, including planning and environmental analyses.CommentsClose CommentsPermalink
(d) Transfer of Funds- For the purposes of coordination and processing of oil and gas use authorizations for the Alaska outer Continental Shelf region, the Secretary may authorize the expenditure or transfer of such funds as are necessary to--CommentsClose CommentsPermalink
(1) the Secretary of Commerce;CommentsClose CommentsPermalink
(2) the Chief of Engineers;CommentsClose CommentsPermalink
(3) the Administrator of the Environmental Protection Agency;CommentsClose CommentsPermalink
(4) any other Federal agency having a role in permitting activities; andCommentsClose CommentsPermalink
(5) the State of Alaska.CommentsClose CommentsPermalink
(e) Savings Provision- Nothing in this section affects--CommentsClose CommentsPermalink
(1) the operation of any Federal or State law; orCommentsClose CommentsPermalink
(2) any delegation of authority made by the head of a Federal agency for employees that are assigned to the coordination office.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2009 through 2019, to remain available until expended.CommentsClose CommentsPermalink
SEC. 343. MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE GULF OF MEXICO.
(a) Moratorium- Section 104 of the Gulf of Mexico Energy Security Act of 2006 (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
‘(a) In General- Except as provided in subsection (d), effective during the period beginning on the date of enactment of this Act and ending on June 30, 2022, the Secretary shall not offer for leasing, preleasing, or any related activity any area in the Eastern Planning Area that is within 45 statute miles of the coastline of the State of Florida.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Exceptions-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink
‘(A) DESTIN DOME AREA- The term ‘Destin Dome Area’ means the area in the Central and Eastern Planning Areas of the outer Continental Shelf identified as ‘Destin Dome (NH16-08)’ in the document entitled ‘MMS Gulf of Mexico Region Planning Areas and Active Leases’ and dated May 14, 2009.CommentsClose CommentsPermalink
‘(B) PENSACOLA AREA- The term ‘Pensacola Area’ means the area in the Central and Eastern Planning Areas of the outer Continental Shelf identified as ‘Pensacola (NH16-05)’ in the document entitled ‘MMS Gulf of Mexico Region Planning Areas and Active Leases’ and dated May 14, 2009.CommentsClose CommentsPermalink
‘(2) AUTHORIZED AREAS- The Secretary may offer for leasing any area in the Destin Dome Area or the Pensacola Area.’.CommentsClose CommentsPermalink
(b) National Defense Area- Section 12(d) of the Outer Continental Shelf Lands Act (
(1) by striking ‘The United States’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The United States’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) REVIEW- Annually, the Secretary of Defense shall--CommentsClose CommentsPermalink
‘(A) review the areas of the outer Continental Shelf that have been designated as restricted from exploration and operation to determine whether the areas should remain under restriction; andCommentsClose CommentsPermalink
‘(B) based on the review under subparagraph (A), make recommendations to the President.’.CommentsClose CommentsPermalink
(c) Leasing of Moratorium Areas-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date on which any necessary environmental analyses are completed under the National Environmental Policy Act of 1969 (
(2) ADMINISTRATION- Notwithstanding the omission of the areas made available for leasing under paragraph (1) from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (
(d) Conforming Amendment- Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (
SEC. 344. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF.
(a) In General- Sections 344 and 345 of the Energy Policy Act of 2005 (
(b) Administration- The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published.CommentsClose CommentsPermalink
PART III--MISCELLANEOUS
SEC. 351. MINERALS MANAGEMENT SERVICE.
Title III of the Federal Oil and Gas Royalty Management Act of 1982 (
‘SEC. 310. MINERALS MANAGEMENT SERVICE.
‘(a) Director- Any Director of the Minerals Management Service shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink
‘(b) Discretion- Nothing in this section affects the discretion granted to the Secretary by Reorganization Plan No. 3 of 1950 (
43 U.S.C. 1451 note; 64 Stat. 1262; 85 Stat. 76).’.CommentsClose CommentsPermalink
SEC. 352. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.
Section 351(k) of the Energy Policy Act of 2005 (
SEC. 353. ALASKA NATURAL GAS PIPELINE.
Section 116 of the Alaska Natural Gas Pipeline Act (
(1) in subsection (a)(3)--CommentsClose CommentsPermalink
(A) in the first sentence, by inserting before the period at the end the following: ‘, except that a holder of a certificate may request the Secretary to extend the period to issue Federal guarantee instruments for not more than 180 days following the date of resolution of any reopening, contest, or other proceeding relating to the certificate’; andCommentsClose CommentsPermalink
(B) in the second sentence, by inserting before the period at the end the following: ‘, or connecting to pipeline infrastructure capable of delivering commercially economic quantities of natural gas to the continental United States’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking paragraph (2);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink
(C) in paragraph (2) (as so redesignated), by striking ‘and completion guarantees’;CommentsClose CommentsPermalink
(3) in subsection (c)(2), by striking ‘$18,000,000,000’ and inserting ‘$30,000,000,000’;CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) in the first sentence of paragraph (1), by inserting before the period at the end the following: ‘, except that an issued loan guarantee instrument shall apply to not less than 80 percent of project costs unless by previous consent of the borrower’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘An eligible’ and inserting ‘A’; andCommentsClose CommentsPermalink
(5) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking paragraph (2);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink
(C) in paragraph (2) (as so redesignated), by inserting before the period at the end the following: ‘under subsection (a)(3), including direct lending from the Federal Financing Bank of all or a part of the amount to the holder, in lieu of a guarantee’.CommentsClose CommentsPermalink
SEC. 354. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPURTENANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘appurtenance’ includes cathodic protection or test stations, valves, signage, and buried communication and electric cables relating to the operation of high-pressure natural gas transmission.CommentsClose CommentsPermalink
(B) EXCLUSIONS- The term ‘appurtenance’ does not include compressor stations.CommentsClose CommentsPermalink
(2) PARK- The term ‘Park’ means the Denali National Park and Preserve in the State of Alaska.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Permit- The Secretary may issue right-of-way permits for--CommentsClose CommentsPermalink
(1) a high-pressure natural gas transmission pipeline (including appurtenances) in non-wilderness areas within the boundary of Denali National Park within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park; andCommentsClose CommentsPermalink
(2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park.CommentsClose CommentsPermalink
(c) Terms and Conditions- A permit authorized under subsection (b)--CommentsClose CommentsPermalink
(1) may be issued only--CommentsClose CommentsPermalink
(A) if the permit is consistent with the laws (including regulations) generally applicable to utility rights-of-way within units of the National Park System;CommentsClose CommentsPermalink
(B) in accordance with section 1106(a) of the Alaska National Interest Lands Conservation Act (
(C) if, following an appropriate analysis prepared in compliance with the National Environmental Policy Act of 1969 (
(2) shall be subject to such terms and conditions as the Secretary determines to be necessary.CommentsClose CommentsPermalink
SEC. 355. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM CERTAIN REQUIREMENTS.
The Trans-Alaska Pipeline Authorization Act (
‘SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM CERTAIN REQUIREMENTS.
‘(a) In General- Except as provided in subsection (b), no part of the trans-Alaska oil pipeline system shall be considered to be a district, site, building, structure, or object for purposes of section 106 of the National Historic Preservation Act (
16 U.S.C. 470f ), regardless of whether all or part of the trans-Alaska oil pipeline system may otherwise be listed on, or eligible for listing on, the National Register of Historic Places.CommentsClose CommentsPermalink‘(b) Individual Elements-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to subsection (c), the Secretary of the Interior may identify up to 3 sections of the trans-Alaska oil pipeline system that possess national or exceptional historic significance, and that should remain after the pipeline is no longer used for the purpose of oil transportation.CommentsClose CommentsPermalink
‘(2) HISTORIC SITE- Any sections identified under paragraph (1) shall be considered to be a historic site.CommentsClose CommentsPermalink
‘(3) VIEWS- In making the identification under this subsection, the Secretary shall consider the views of--CommentsClose CommentsPermalink
‘(A) the owners of the pipeline;CommentsClose CommentsPermalink
‘(B) the State Historic Preservation Officer;CommentsClose CommentsPermalink
‘(C) the Advisory Council on Historic Preservation; andCommentsClose CommentsPermalink
‘(D) the Federal Coordinator for Alaska Natural Gas Transportation Projects.CommentsClose CommentsPermalink
‘(c) Construction, Maintenance, Restoration, and Rehabilitation Activities- Subsection (b) does not prohibit the owners of the trans-Alaska oil pipeline system from carrying out construction, maintenance, restoration, or rehabilitation activities on or for a section of the system described in subsection (b).’.CommentsClose CommentsPermalink
SEC. 356. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
Section 526 of the Energy Independence and Security Act of 2007 (
‘SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
‘(a) In General- Except as provided in subsection (b), no Federal agency shall enter into a contract for procurement of an alternative or synthetic fuel, including a fuel produced from nonconventional petroleum sources, for any mobility-related use other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract, on an ongoing basis, be less than or equal to such emissions from the equivalent conventional fuel produced from conventional petroleum sources.CommentsClose CommentsPermalink
‘(b) Exceptions- Subsection (a) shall not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is produced, in whole or in part, from a nonconventional petroleum source if--CommentsClose CommentsPermalink
‘(1) the contract does not specifically require the contractor to provide a fuel from a nonconventional petroleum source;CommentsClose CommentsPermalink
‘(2) the purpose of the contract is not to obtain a fuel from a nonconventional petroleum source; andCommentsClose CommentsPermalink
‘(3) the contract does not provide incentives (excluding compensation at market prices for the purchase of fuel purchased) for a refinery upgrade or expansion to allow a refinery to use or increase the use by the refinery of fuel from a nonconventional petroleum source.’.CommentsClose CommentsPermalink
SEC. 357. GEOLOGIC MATERIALS ARCHIVING GRANT PROGRAM.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the collection of rock core samples and the well logs relating to the collection of the rock core samples are vital for the exploration, analysis, and eventual production of the oil, natural gas, shale oil, coal, and geothermal resources of the United States;CommentsClose CommentsPermalink
(2) the collection and storage of rock core samples over time is expensive and requires large storage facilities;CommentsClose CommentsPermalink
(3) because of current fiscal constraints, States are finding it increasingly difficult to afford the storage and maintenance of the geologic record of the United States;CommentsClose CommentsPermalink
(4) the loss of any core samples or logs harms the ability of the United States to pinpoint the location of energy sources by downgrading the geologic knowledge;CommentsClose CommentsPermalink
(5) the retention of core samples--CommentsClose CommentsPermalink
(A) provides critical data for--CommentsClose CommentsPermalink
(i) the geologic sequestration of carbon dioxide;CommentsClose CommentsPermalink
(ii) groundwater and aquifer studies for regional water supplies; andCommentsClose CommentsPermalink
(iii) tracking potential contamination;CommentsClose CommentsPermalink
(B) is important for the siting of deep geologic repositories for the storage of hazardous materials;CommentsClose CommentsPermalink
(C) is vital for--CommentsClose CommentsPermalink
(i) infrastructure development;CommentsClose CommentsPermalink
(ii) the location of construction materials; andCommentsClose CommentsPermalink
(iii) geohazards mitigation; andCommentsClose CommentsPermalink
(D) provides important data for climate and other historical geology studies; andCommentsClose CommentsPermalink
(6) it is unknown what core sample data would be needed for in the future as--CommentsClose CommentsPermalink
(A) new technology becomes available; andCommentsClose CommentsPermalink
(B) our understanding of the ‘sub-surface frontier’ evolves.CommentsClose CommentsPermalink
(b) Grant Program-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Department of the Interior a grant program under which the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall provide grants to individual States, State Geologic Surveys, or Regional Consortiums to build, maintain, and operate centers to store geologic samples (including core samples, surface samples, micropaleontology samples, well cuttings, and geochemical samples) collected as a result of oil and gas exploration, mineral exploration, and geotechnical studies and research.CommentsClose CommentsPermalink
(2) APPLICATION- To be eligible to receive a grant under paragraph (1), a State shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(3) REQUIRED MAINTENANCE- The Secretary shall not provide a grant to a State under paragraph (1) unless the State agrees to maintain any center provided assistance under this section for at least 20 years after the date on which the grant is provided.CommentsClose CommentsPermalink
(4) AMOUNT OF GRANT- The maximum amount of a grant provided to a State under paragraph (1) shall be $15,000,000.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to provide grants under this section $100,000,000.CommentsClose CommentsPermalink
Subtitle E--Public Land Renewable Energy DeploymentCommentsClose CommentsPermalink
Subtitle E--Public Land Renewable Energy DeploymentCommentsClose CommentsPermalink
SEC. 361. RENEWABLE ENERGY FEDERAL PERMIT COORDINATION.
Section 365 of the Energy Policy Act of 2005 (
‘(k) Pilot Project Offices to Improve Federal Permit Coordination for Renewable Energy-CommentsClose CommentsPermalink
‘(1) DEFINITION OF RENEWABLE ENERGY- In this subsection, the term ‘renewable energy’ means energy derived from a wind, solar, or geothermal source.CommentsClose CommentsPermalink
‘(2) FIELD OFFICES- As part of the Pilot Project, the Secretary shall designate 1 field office of the Bureau of Land Management in each of the following States to serve as Renewable Energy Permit Coordination Offices for coordination of Federal permits for renewable energy projects and transmission involving Federal land facilitating the development of renewable energy:CommentsClose CommentsPermalink
‘(A) Alaska.CommentsClose CommentsPermalink
‘(B) Arizona.CommentsClose CommentsPermalink
‘(C) California.CommentsClose CommentsPermalink
‘(D) Colorado.CommentsClose CommentsPermalink
‘(E) Idaho.CommentsClose CommentsPermalink
‘(F) Oregon.CommentsClose CommentsPermalink
‘(G) New Mexico.CommentsClose CommentsPermalink
‘(H) Nevada.CommentsClose CommentsPermalink
‘(I) Montana.CommentsClose CommentsPermalink
‘(J) Utah.CommentsClose CommentsPermalink
‘(K) Washington.CommentsClose CommentsPermalink
‘(L) Wyoming.CommentsClose CommentsPermalink
‘(3) MEMORANDUM OF UNDERSTANDING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into an amended memorandum of understanding under subsection (b) to provide for the inclusion of the additional Renewable Energy Pilot Project Offices in the Pilot Project.CommentsClose CommentsPermalink
‘(B) SIGNATURE OF SECRETARY- The Secretary shall be a signatory of the amended memorandum of understanding.CommentsClose CommentsPermalink
‘(C) SIGNATURES BY GOVERNORS- The Secretary shall request that the Governors of each of the States described in paragraph (2) be signatories to the amended memorandum of understanding.CommentsClose CommentsPermalink
‘(4) DESIGNATION OF QUALIFIED STAFF- Not later than 30 days after the date of the signing of the amended memorandum of understanding, all Federal signatory parties shall, if appropriate, assign to each Renewable Energy Pilot Project Office designated under paragraph (2) an employee described in subsection (c) to carry out duties described in that subsection.CommentsClose CommentsPermalink
‘(5) ADDITIONAL PERSONNEL- The Secretary shall assign to each Renewable Energy Pilot Project Office additional personnel under subsection (f).CommentsClose CommentsPermalink
‘(6) TRANSFER OF FUNDS- To coordinate and process renewable energy authorizations on Federal land under the jurisdiction of a Pilot Project Office designated under paragraph (2), the Secretary may authorize the expenditure or transfer of such funds as are necessary to--CommentsClose CommentsPermalink
‘(A) any Federal agency described in subsection (h); andCommentsClose CommentsPermalink
‘(B) any State described in paragraph (2).CommentsClose CommentsPermalink
‘(7) FUNDING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Federal share of any royalties, fees, rentals, bonus bids, or other payments from wind or solar development on land administered by the Secretary shall be deposited in a special fund in the Treasury to be known as the ‘BLM Wind and Solar Energy Permit Processing Improvement Fund’ (referred to in this subsection as ‘Fund’).CommentsClose CommentsPermalink
‘(B) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated from the Fund or, to the extent amounts are not available in the Fund, from the Treasury for the costs of administering program operations for wind and solar development under the Public Land Renewable Energy Deployment and Adjustment Act of 2009 and the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1701 et seq.) $10,000,000 for each of fiscal years 2009 through 2019, to remain available without fiscal year limitation until expended.’.CommentsClose CommentsPermalink
SEC. 362. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM ACT OF 1970.
(a) In General- Section 234(a) of the Energy Policy Act of 2005 (
(b) Authorization- Section 234(b) of the Energy Policy Act of 2005 (
(1) by striking ‘Amounts’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- Amounts’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) AUTHORIZATION- Effective for fiscal year 2011 and each fiscal year thereafter, amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, subject to appropriation and without fiscal year limitation, to implement the Geothermal Steam Act of 1970 (
30 U.S.C. 1001 et seq.) and this Act.’.CommentsClose CommentsPermalink
SEC. 363. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE PLANNING.
(a) Public Land- Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall--CommentsClose CommentsPermalink
(1) complete a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (
(A) a program to develop solar energy on land administered by the Secretary, acting through the Bureau of Land Management; andCommentsClose CommentsPermalink
(B) any necessary amendments to land use plans for the land; andCommentsClose CommentsPermalink
(2) amend any land use plans as appropriate to provide for the development of renewable energy in areas considered appropriate by the Secretary.CommentsClose CommentsPermalink
(b) National Forest System Land- As soon as practicable but not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall--CommentsClose CommentsPermalink
(1) complete a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (
(A) a program to develop solar and wind energy on National Forest System land administered by the Secretary; andCommentsClose CommentsPermalink
(B) any necessary amendments to land use plans for the land; andCommentsClose CommentsPermalink
(2) amend any land use plans as appropriate to provide for the development of renewable energy in areas considered appropriate by the Secretary immediately on completion of the programmatic environmental impact statement.CommentsClose CommentsPermalink
(c) Effect on Processing Applications- The requirement for completion of programmatic environmental impact statements under this section shall not result in any delay in processing applications for wind or solar development on land administered by the Secretary of the Interior, acting through the Bureau of Land Management, or on National Forest System land.CommentsClose CommentsPermalink
SEC. 364. REPORT.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study on the siting, development, and management of projects for the production of wind and solar energy on--CommentsClose CommentsPermalink
(A) land available for energy development that is administered by the Secretary of the Interior, acting through the Bureau of Land Management; andCommentsClose CommentsPermalink
(B) National Forest System land administered by the Secretary of Agriculture that is available for energy development.CommentsClose CommentsPermalink
(2) MATTERS TO BE ADDRESSED- The study shall address--CommentsClose CommentsPermalink
(A) the effectiveness of--CommentsClose CommentsPermalink
(i) laws (including regulations) and policies in effect on the date of enactment of this Act in--CommentsClose CommentsPermalink
(I) facilitating the development of wind and solar energy projects on the land; andCommentsClose CommentsPermalink
(II) ensuring the public receives a fair return for the use of the land;CommentsClose CommentsPermalink
(ii) policies designed to discourage speculation in the development of wind and solar projects on the land;CommentsClose CommentsPermalink
(iii) the land use planning process in siting wind and solar facilities;CommentsClose CommentsPermalink
(iv) mitigation planning for wind and solar projects on the land, particularly with respect to fish and wildlife and water resources;CommentsClose CommentsPermalink
(v) best management practices developed by the Secretary of the Interior and the Secretary of Agriculture for wind and solar projects; andCommentsClose CommentsPermalink
(vi) adaptive management of the impacts associated with wind and solar projects on the land; andCommentsClose CommentsPermalink
(B) the advantages and disadvantages of using--CommentsClose CommentsPermalink
(i) rights-of-way as a means of authorizing the use of the Federal land described in paragraph (1) for wind and solar energy development; andCommentsClose CommentsPermalink
(ii) a competitive or noncompetitive leasing system as a means of authorizing the use of the Federal land described in paragraph (1) for wind and solar energy development.CommentsClose CommentsPermalink
(b) Recommendations- The study shall--CommentsClose CommentsPermalink
(1) analyze the matters described in subsection (a)(2); andCommentsClose CommentsPermalink
(2) make recommendations as to--CommentsClose CommentsPermalink
(A) whether a competitive or noncompetitive leasing system would be a more effective means than the system in effect on the date of enactment of this Act to authorize the use of Federal land described in subsection (a)(1) to meet the goals of facilitating the development of wind and solar energy projects while achieving a fair return to the public;CommentsClose CommentsPermalink
(B) the most effective system to authorize the use of Federal land described in subsection (a)(1) to meet the goals of facilitating the development of wind and solar energy projects while achieving a fair return to the public; andCommentsClose CommentsPermalink
(C) changes, if any, to Federal law (including regulations) or policy necessary to address more effectively the siting, development, and management of solar and wind projects on the land.CommentsClose CommentsPermalink
(c) Completion of Study- Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall--CommentsClose CommentsPermalink
(1) submit to the Secretary of the Interior and the Secretary of Agriculture the findings and recommendations of the study required under subsections (a) and (b); andCommentsClose CommentsPermalink
(2) on completion of the study, make the results of the study available to the public.CommentsClose CommentsPermalink
(d) Report to Congress- Not later than 180 days after the date of receipt of the findings and recommendations of the study under subsection (c)(1), the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall submit to Congress a report on--CommentsClose CommentsPermalink
(1) the findings and recommendations of the study;CommentsClose CommentsPermalink
(2) the agreement or disagreement of the Secretaries with respect to each of the findings and recommendations of the National Academy of Sciences;CommentsClose CommentsPermalink
(3) the administrative actions to be taken by each of the Secretaries in response to the findings and recommendations; andCommentsClose CommentsPermalink
(4) any recommended changes in law.CommentsClose CommentsPermalink
SEC. 365. RENEWABLE ENERGY DEVELOPMENT ON BROWNFIELD SITES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(2) RENEWABLE ENERGY- The term ‘renewable energy’ has the meaning given the terms ‘existing renewable energy’ and ‘new renewable energy’ in section 610 of the Public Utility Regulatory Policies Act of 1978 (as added by section X01(a)).CommentsClose CommentsPermalink
(b) Department of Energy and Environmental Protection Agency Efforts- The Secretary, in conjunction with the Administrator, shall--CommentsClose CommentsPermalink
(1) in partnership with the National Renewable Energy Laboratory, identify opportunities to prioritize renewable energy development on brownfield sites;CommentsClose CommentsPermalink
(2) provide to States, units of local governments, project developers, and other stakeholders publicly available resources identifying potential brownfield sites for renewable energy development, with an emphasis on non-Federal land; andCommentsClose CommentsPermalink
(3) provide technical assistance to State and local officials, interested project developers, and other stakeholders to expedite renewable energy production from brownfield sites identified under this subsection, with an emphasis on non-Federal land.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary and Administrator shall submit to Congress a report that includes--CommentsClose CommentsPermalink
(1) proposals for Federal policies, incentives, or other means of encouraging renewable energy production on sites identified under subsection (b); andCommentsClose CommentsPermalink
(2) data on existing and potential job creation from, environmental benefits of, and energy production from renewable energy on brownfield sites.CommentsClose CommentsPermalink
(d) Stakeholder Forums- The Secretary, in conjunction with the Administrator, shall conduct stakeholder forums in each region of the United States to assist State and local officials, project developers, and other stakeholders with renewable energy project siting on brownfield sites, with an emphasis on non-Federal land.CommentsClose CommentsPermalink
(e) Effect- Nothing in this section affects existing Federal efforts to promote the reuse and redevelopment of brownfield sites.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2011 through 2015.CommentsClose CommentsPermalink
SEC. 366. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COVERED LAND- The term ‘covered land’ means land that is--CommentsClose CommentsPermalink
(A)(i) public land administered by the Secretary; orCommentsClose CommentsPermalink
(ii) National Forest System land administered by the Secretary of Agriculture; andCommentsClose CommentsPermalink
(B) designated for the development of solar or wind energy under a land use plan established under--CommentsClose CommentsPermalink
(i) the Federal Land Policy and Management Act of 1976 (
(ii) the National Forest Management Act of 1976 (
(2) PILOT PROGRAM- The term ‘pilot program’ means the wind and solar leasing pilot program established under subsection (b).CommentsClose CommentsPermalink
(3) PUBLIC LAND- The term ‘public land’ has the meaning given the term ‘public lands’ in section 103 of the Federal Land Policy and Management Act of 1976 (
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a wind and solar leasing pilot program.CommentsClose CommentsPermalink
(2) SELECTION OF SITES-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 90 days after the date the pilot program is established under this subsection, the Secretary shall select 2 sites that are appropriate for the development of a solar energy project, and 2 sites that are appropriate for the development of a wind energy project, on covered land as part of the pilot program.CommentsClose CommentsPermalink
(B) SITE SELECTION- In carrying out subparagraph (A), the Secretary shall seek to select sites--CommentsClose CommentsPermalink
(i) for which there is likely to be a high level of industry interest; andCommentsClose CommentsPermalink
(ii) that are representative of sites on which solar or wind energy is likely to be developed on covered land.CommentsClose CommentsPermalink
(C) INELIGIBLE SITES- The Secretary shall not select as part of the pilot program any site for which a right-of way for site testing or construction has been issued.CommentsClose CommentsPermalink
(3) LEASE SALES-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (C)(ii), not later than 180 days after the date sites are selected under paragraph (2), the Secretary shall offer each site for competitive leasing to qualified bidders under such terms and conditions as are required by the Secretary.CommentsClose CommentsPermalink
(B) BIDDING SYSTEMS- In offering the sites for lease, the Secretary--CommentsClose CommentsPermalink
(i) may vary the bidding systems to be used at each lease sale; butCommentsClose CommentsPermalink
(ii) shall limit bidding to 1 round in any lease sale.CommentsClose CommentsPermalink
(C) LEASE TERMS-CommentsClose CommentsPermalink
(i) IN GENERAL- As part of the pilot program, the Secretary may vary the length of the lease terms and establish such other lease terms and conditions as the Secretary considers appropriate.CommentsClose CommentsPermalink
(ii) DATA COLLECTION- As part of the pilot program, the Secretary shall--CommentsClose CommentsPermalink
(I) offer on a noncompetitive basis on at least 1 site a short-term lease for data collection; andCommentsClose CommentsPermalink
(II) on the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid to the holder of the short-term lease for any qualified expenditures to collect data to develop the site during the short-term lease.CommentsClose CommentsPermalink
(4) COMPLIANCE WITH LAWS- In offering for lease the selected sites under paragraph (3), the Secretary shall comply with all applicable environmental and other laws.CommentsClose CommentsPermalink
(5) REPORT- The Secretary shall--CommentsClose CommentsPermalink
(A) compile a report of the results of each lease sale under the pilot program, including--CommentsClose CommentsPermalink
(i) the level of competitive interest; andCommentsClose CommentsPermalink
(ii) a summary of bids and revenues received; andCommentsClose CommentsPermalink
(B) not later than 90 days after the final lease sale, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the report described in subparagraph (A).CommentsClose CommentsPermalink
(6) RIGHTS-OF-WAY- During the pendency of the pilot program, the Secretary shall continue to issue rights-of-way, in compliance with authority in effect on the date of enactment of this Act, for available sites not selected for the pilot program.CommentsClose CommentsPermalink
(c) Secretarial Determination-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 months after the date of enactment of this Act, the Secretary shall determine whether to establish a leasing program under this section for wind or solar energy.CommentsClose CommentsPermalink
(2) ESTABLISHMENT- The Secretary shall establish a leasing program if the Secretary determines that the program--CommentsClose CommentsPermalink
(A) is in the public interest; andCommentsClose CommentsPermalink
(B) provides an effective means of developing wind or solar energy on covered land.CommentsClose CommentsPermalink
(3) CONSULTATION- In making the determinations required under this subsection, the Secretary shall consult with--CommentsClose CommentsPermalink
(A) the Secretary of Agriculture;CommentsClose CommentsPermalink
(B) the heads of other relevant Federal agencies;CommentsClose CommentsPermalink
(C) affected States and Indian tribes;CommentsClose CommentsPermalink
(D) representatives of the solar and wind industry;CommentsClose CommentsPermalink
(E) representatives of the environmental and conservation community; andCommentsClose CommentsPermalink
(F) the public.CommentsClose CommentsPermalink
(4) CONSIDERATIONS- In making the determinations required under this subsection, the Secretary shall consider the results of the report provided under subsection (b)(5) and the results of the pilot program.CommentsClose CommentsPermalink
(5) REGULATIONS- Not later than 180 days after the date on which any determination is made to establish a leasing program, the Secretary shall promulgate final regulations to implement the program.CommentsClose CommentsPermalink
(6) REPORT- If the Secretary determines that a leasing program should not be established, not later than 60 days after the date of the determination, 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 describing the reasons and findings for the determination.CommentsClose CommentsPermalink
(d) Transition-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Secretary determines that a leasing program should be established, the Secretary shall continue to provide for the issuance of rights-of-way for the development of wind or solar energy in accordance with each requirement described in title V of the Federal Land Policy and Management Act of 1976 (
(2) ADMINISTRATION- The Secretary shall by regulation provide for a reasonable transition from the use of rights-of-way to leases, taking into account the status of the project (including whether rights-of-way for testing or construction have been granted or whether a plan of development has been submitted).CommentsClose CommentsPermalink
(e) Leasing Program- If the Secretary determines under subsection (c) that a leasing program should be established, the program shall be established in accordance with subsections (f) through (l).CommentsClose CommentsPermalink
(f) Competitive Leases-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), leases for wind or solar energy development under this section shall be issued on a competitive basis with a single round of bidding in any lease sale.CommentsClose CommentsPermalink
(2) EXCEPTIONS- Paragraph (1) shall not apply if the Secretary determines that--CommentsClose CommentsPermalink
(A) no competitive interest exists;CommentsClose CommentsPermalink
(B) the public interest would not be served by the competitive issuance of a lease or right-of-way; orCommentsClose CommentsPermalink
(C) the lease is for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar technology and has a term of not more than 5 years.CommentsClose CommentsPermalink
(g) Payments-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish royalties, fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease issued under this section.CommentsClose CommentsPermalink
(2) BONUS BIDS- The Secretary may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in subsection (f)(2)(C) in any competitive lease sale held for a long-term lease covering the same land covered by the lease described in subsection (f)(2)(C).CommentsClose CommentsPermalink
(3) ROYALTIES- Any lease shall require the payment of a royalty established by the Secretary pursuant to rulemaking that shall be a percentage of the gross proceeds from the sale of electricity at a rate that--CommentsClose CommentsPermalink
(A) encourages production of solar or wind energy; andCommentsClose CommentsPermalink
(B) ensures a fair return to the public comparable to the return that would be obtained on State and private land.CommentsClose CommentsPermalink
(4) ROYALTY RELIEF- To promote the greatest generation of renewable energy, the Secretary may--CommentsClose CommentsPermalink
(A) reduce any royalty otherwise required on a showing by clear and convincing evidence by the person holding a lease under which the generation of energy has occurred that, without the reduction in royalty, generation would not occur; orCommentsClose CommentsPermalink
(B) provide that no royalty or a reduced royalty is required under a lease for a period not to exceed 5 years beginning on the date that generation initially commences.CommentsClose CommentsPermalink
(h) Eligibility- To be eligible to hold a lease under this section, a person shall meet the eligibility requirements for leasing under the first section of the Mineral Leasing Act (
(i) Requirements- The Secretary shall ensure that any activity under a leasing program is carried out in a manner that--CommentsClose CommentsPermalink
(1) is consistent with all applicable land use planning, environmental, and other laws; andCommentsClose CommentsPermalink
(2) provides for--CommentsClose CommentsPermalink
(A) safety;CommentsClose CommentsPermalink
(B) protection of the environment;CommentsClose CommentsPermalink
(C) prevention of waste;CommentsClose CommentsPermalink
(D) diligent development of the resource;CommentsClose CommentsPermalink
(E) coordination with applicable Federal agencies;CommentsClose CommentsPermalink
(F) a fair return to the United States for any lease;CommentsClose CommentsPermalink
(G) use of best management practices, including planning and practices for mitigation of impacts;CommentsClose CommentsPermalink
(H) public notice and comment on any proposal submitted for a lease under this section; andCommentsClose CommentsPermalink
(I) oversight, inspection, research, monitoring, and enforcement relating to a lease under this section.CommentsClose CommentsPermalink
(j) Lease Duration, Suspension, and Cancellation- The Secretary shall establish terms and conditions for the duration, issuance, transfer, renewal, suspension, and cancellation of a lease under this section.CommentsClose CommentsPermalink
(k) Security- The Secretary shall require the holder of a lease issued under this section--CommentsClose CommentsPermalink
(1) to furnish a surety bond or other form of security, as prescribed by the Secretary;CommentsClose CommentsPermalink
(2) to provide for the reclamation and restoration of the area covered by the lease; andCommentsClose CommentsPermalink
(3) to comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States.CommentsClose CommentsPermalink
(l) Disposition of Revenues- The Secretary shall provide for the payment of 5 percent of the revenues received by the Federal Government as a result of leasing under this section or the issuance of rights-of-way for wind or solar development under title V of the Federal Land Policy and Management Act of 1976 (
Subtitle F--Carbon CaptureCommentsClose CommentsPermalink
Subtitle F--Carbon CaptureCommentsClose CommentsPermalink
SEC. 371. LARGE-SCALE CARBON STORAGE PROGRAM.
(a) In General- Subtitle F of title IX of the Energy Policy Act of 2005 (
‘SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) INDUSTRIAL SOURCE- The term ‘industrial source’ means any source of carbon dioxide that is not naturally occurring.CommentsClose CommentsPermalink
‘(2) LARGE-SCALE- The term ‘large-scale’ means the injection of over 1,000,000 tons of carbon dioxide each year from industrial sources into a geological formation.CommentsClose CommentsPermalink
‘(3) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink
‘(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; andCommentsClose CommentsPermalink
‘(B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe).CommentsClose CommentsPermalink
‘(b) Program- In addition to the research, development, and demonstration program authorized by section 963, the Secretary shall carry out a program to demonstrate the commercial application of integrated systems for the capture, injection, monitoring, and long-term geological storage of carbon dioxide from industrial sources.CommentsClose CommentsPermalink
‘(c) Authorized Assistance- In carrying out the program, the Secretary may enter into cooperative agreements to provide financial and technical assistance to up to 10 demonstration projects.CommentsClose CommentsPermalink
‘(d) Project Selection- The Secretary shall competitively select recipients of cooperative agreements under this section from among applicants that--CommentsClose CommentsPermalink
‘(1) provide the Secretary with sufficient geological site information (including hydrogeological and geophysical information) to establish that the proposed geological storage unit is capable of long-term storage of the injected carbon dioxide, including--CommentsClose CommentsPermalink
‘(A) the location, extent, and storage capacity of the geological storage unit at the site into which the carbon dioxide will be injected;CommentsClose CommentsPermalink
‘(B) the principal potential modes of geomechanical failure in the geological storage unit;CommentsClose CommentsPermalink
‘(C) the ability of the geological storage unit to retain injected carbon dioxide; andCommentsClose CommentsPermalink
‘(D) the measurement, monitoring, and verification requirements necessary to ensure adequate information on the operation of the geological storage unit during and after the injection of carbon dioxide;CommentsClose CommentsPermalink
‘(2) possess the land or interests in land necessary for--CommentsClose CommentsPermalink
‘(A) the injection and storage of the carbon dioxide at the proposed geological storage unit; andCommentsClose CommentsPermalink
‘(B) the closure, monitoring, and long-term stewardship of the geological storage unit;CommentsClose CommentsPermalink
‘(3) possess or have a reasonable expectation of obtaining all necessary permits and authorizations under applicable Federal and State laws (including regulations); andCommentsClose CommentsPermalink
‘(4) agree to comply with each requirement of subsection (e).CommentsClose CommentsPermalink
‘(e) Terms and Conditions- The Secretary shall condition receipt of financial assistance pursuant to a cooperative agreement under this section on the recipient agreeing to--CommentsClose CommentsPermalink
‘(1) comply with all applicable Federal and State laws (including regulations), including a certification by the appropriate regulatory authority that the project will comply with Federal and State requirements to protect drinking water supplies;CommentsClose CommentsPermalink
‘(2) in the case of industrial sources subject to the Clean Air Act (
42 U.S.C. 7401 et seq.), inject only carbon dioxide captured from industrial sources in compliance with that Act;CommentsClose CommentsPermalink‘(3) comply with all applicable construction and operating requirements for deep injection wells;CommentsClose CommentsPermalink
‘(4) measure, monitor, and test to verify that carbon dioxide injected into the injection zone is not--CommentsClose CommentsPermalink
‘(A) escaping from or migrating beyond the confinement zone; orCommentsClose CommentsPermalink
‘(B) endangering an underground source of drinking water;CommentsClose CommentsPermalink
‘(5) comply with applicable well-plugging, post-injection site care, and site closure requirements, including--CommentsClose CommentsPermalink
‘(A)(i) maintaining financial assurances during the post-injection closure and monitoring phase until a certificate of closure is issued by the Secretary; andCommentsClose CommentsPermalink
‘(ii) promptly undertaking remediation activities for any leak from the geological storage unit that would endanger public health or safety or natural resources; andCommentsClose CommentsPermalink
‘(B) complying with subsection (f);CommentsClose CommentsPermalink
‘(6) comply with applicable long-term care requirements;CommentsClose CommentsPermalink
‘(7) maintain financial protection in a form and in an amount acceptable to--CommentsClose CommentsPermalink
‘(A) the Secretary;CommentsClose CommentsPermalink
‘(B) the Secretary with jurisdiction over the land; andCommentsClose CommentsPermalink
‘(C) the Administrator of the Environmental Protection Agency; andCommentsClose CommentsPermalink
‘(8) provide the assurances described in section 963(c)(4)(B).CommentsClose CommentsPermalink
‘(f) Post Injection Closure and Monitoring Elements- In assessing whether a project complies with site closure requirements under subsection (e)(5), the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall determine whether the recipient of financial assistance has demonstrated continuous compliance with each of the following over a period of not less than 10 consecutive years after the plume of carbon dioxide has stabilized within the geologic formation that comprises the geologic storage unit following the cessation of injection activities:CommentsClose CommentsPermalink
‘(1) The estimated location and extent of the project footprint (including the detectable plume of carbon dioxide and the area of elevated pressure resulting from the project) has not substantially changed and is contained within the geologic storage unit.CommentsClose CommentsPermalink
‘(2) The injection zone formation pressure has ceased to increase following cessation of carbon dioxide injection into the geologic storage unit.CommentsClose CommentsPermalink
‘(3) There is no leakage of either carbon dioxide or displaced formation fluid from the geologic storage unit that is endangering public health and safety, including underground sources of drinking water and natural resources.CommentsClose CommentsPermalink
‘(4) The injected or displaced formation fluids are not expected to migrate in the future in a manner that encounters a potential leakage pathway.CommentsClose CommentsPermalink
‘(5) The injection wells at the site completed into or through the injection zone or confining zone are plugged and abandoned in accordance with the applicable requirements of Federal or State law governing the wells.CommentsClose CommentsPermalink
‘(g) Indemnification Agreements-CommentsClose CommentsPermalink
‘(1) DEFINITION OF LIABILITY- In this subsection, the term ‘liability’ means any legal liability for--CommentsClose CommentsPermalink
‘(A) bodily injury, sickness, disease, or death;CommentsClose CommentsPermalink
‘(B) loss of or damage to property, or loss of use of property; orCommentsClose CommentsPermalink
‘(C) injury to or destruction or loss of natural resources, including fish, wildlife, and drinking water supplies.CommentsClose CommentsPermalink
‘(2) AGREEMENTS- Not later than 1 year after the date of the receipt by the Secretary of a completed application for a demonstration project, the Secretary may agree to indemnify and hold harmless the recipient of a cooperative agreement under this section from liability arising out of or resulting from a demonstration project in excess of the amount of liability covered by financial protection maintained by the recipient under subsection (e)(7).CommentsClose CommentsPermalink
‘(3) EXCEPTION FOR GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT- Notwithstanding paragraph (1), the Secretary may not indemnify the recipient of a cooperative agreement under this section from liability arising out of conduct of a recipient that is grossly negligent or that constitutes intentional misconduct.CommentsClose CommentsPermalink
‘(4) COLLECTION OF FEES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall collect a fee from any person with whom an agreement for indemnification is executed under this subsection in an amount that is equal to the net present value of payments made by the United States to cover liability under the indemnification agreement.CommentsClose CommentsPermalink
‘(B) AMOUNT- The Secretary shall establish, by regulation, criteria for determining the amount of the fee, taking into account--CommentsClose CommentsPermalink
‘(i) the likelihood of an incident resulting in liability to the United States under the indemnification agreement; andCommentsClose CommentsPermalink
‘(ii) other factors pertaining to the hazard of the indemnified project.CommentsClose CommentsPermalink
‘(C) USE OF FEES- Fees collected under this paragraph shall be deposited in the Treasury and credited to miscellaneous receipts.CommentsClose CommentsPermalink
‘(5) CONTRACTS IN ADVANCE OF APPROPRIATIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), the Secretary The Secretary may enter into agreements of indemnification under this subsection in advance of appropriations and incur obligations without regard to
section 1341 of title 31, United States Code (commonly known as the ‘Anti-Deficiency Act’), orsection 11 of title 41, United States Code (commonly known as the ‘Adequacy of Appropriations Act’).CommentsClose CommentsPermalink‘(B) LIMITATION- The amount of indemnification under this subsection shall not exceed $10,000,000,000 (adjusted not less than once during each 5-year period following the date of enactment of this section, in accordance with the aggregate percentage change in the Consumer Price Index since the previous adjustment under this subparagraph), in the aggregate, for all persons indemnified in connection with an agreement and for each project, including such legal costs as are approved by the Secretary.CommentsClose CommentsPermalink
‘(6) CONDITIONS OF AGREEMENTS OF INDEMNIFICATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An agreement of indemnification under this subsection may contain such terms as the Secretary considers appropriate to carry out the purposes of this section.CommentsClose CommentsPermalink
‘(B) ADMINISTRATION- The agreement shall provide that, if the Secretary makes a determination the United States will probably be required to make indemnity payments under the agreement, the Attorney General--CommentsClose CommentsPermalink
‘(i) shall collaborate with the recipient of an award under this subsection; andCommentsClose CommentsPermalink
‘(ii) may--CommentsClose CommentsPermalink
‘(I) approve the payment of any claim under the agreement of indemnification;CommentsClose CommentsPermalink
‘(II) appear on behalf of the recipient;CommentsClose CommentsPermalink
‘(III) take charge of an action; andCommentsClose CommentsPermalink
‘(IV) settle or defend an action.CommentsClose CommentsPermalink
‘(C) SETTLEMENT OF CLAIMS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Attorney General shall have final authority on behalf of the United States to settle or approve the settlement of any claim under this subsection on a fair and reasonable basis with due regard for the purposes of this subsection.CommentsClose CommentsPermalink
‘(ii) EXPENSES- The settlement shall not include expenses in connection with the claim incurred by the recipient.CommentsClose CommentsPermalink
‘(h) Federal Land-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary concerned may authorize the siting of a project on Federal land under the jurisdiction of the Secretary concerned in a manner consistent with applicable laws and land management plans and subject to such terms and conditions as the Secretary concerned determines to be necessary.CommentsClose CommentsPermalink
‘(2) FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON PUBLIC LAND- In determining whether to authorize a project on Federal land, the Secretary concerned shall take into account the framework for geological carbon sequestration on public land prepared in accordance with section 714 of the Energy Independence and Security Act of 2007 (
Public Law 110-140 ; 121 Stat. 1715).CommentsClose CommentsPermalink‘(i) Acceptance of Title and Long-term Monitoring-CommentsClose CommentsPermalink
‘(1) IN GENERAL- As a condition of a cooperative agreement under this section, the Secretary may accept title to, or transfer of administrative jurisdiction from another Federal agency over, any land or interest in land necessary for the monitoring, remediation, or long-term stewardship of a project site.CommentsClose CommentsPermalink
‘(2) LONG-TERM MONITORING ACTIVITIES- After accepting title to, or transfer of, a site closed in accordance with this section, the Secretary shall monitor the site and conduct any remediation activities to ensure the geological integrity of the site and prevent any endangerment of public health or safety.CommentsClose CommentsPermalink
‘(3) FUNDING- There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, such sums as are necessary to carry out paragraph (2).’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 963 of the Energy Policy Act of 2005 (
42 U.S.C. 16293 ) is amended--CommentsClose CommentsPermalink
(A) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;CommentsClose CommentsPermalink
(B) by inserting before subsection (b) (as so redesignated) the following:CommentsClose CommentsPermalink
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) INDUSTRIAL SOURCE- The term ‘industrial source’ means any source of carbon dioxide that is not naturally occurring.CommentsClose CommentsPermalink
‘(2) LARGE-SCALE- The term ‘large-scale’ means the injection of over 1,000,000 tons of carbon dioxide from industrial sources over the lifetime of the project.’;CommentsClose CommentsPermalink
(C) in subsection (b) (as so redesignated), by striking ‘In General’ and inserting ‘Program’;CommentsClose CommentsPermalink
(D) in subsection (c) (as so redesignated), by striking ‘subsection (a)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink
(E) in subsection (d)(3) (as so redesignated), by striking subparagraph (D).CommentsClose CommentsPermalink
(2) Sections 703(a)(3) and 704 of the Energy Independence and Security Act of 2007 (
42 U.S.C. 17251(a)(3) , 17252) are amended by striking ‘section 963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3) )’ each place it appears and inserting ‘section 963(d)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(d)(3) )’.CommentsClose CommentsPermalink
SEC. 372. TRAINING PROGRAM FOR STATE AGENCIES.
(a) Establishment- The Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Transportation, shall establish a program to provide grants for employee training purposes to State agencies involved in permitting, management, inspection, and oversight of carbon capture, transportation, and storage projects.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of Energy to carry out this section $10,000,000 for each of fiscal years 2010 through 2020.CommentsClose CommentsPermalink
Subtitle G--Island EnergyCommentsClose CommentsPermalink
Subtitle G--Island EnergyCommentsClose CommentsPermalink
SEC. 381. AFFILIATED ISLAND ENERGY INDEPENDENCE TEAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) AFFILIATED ISLAND- The term ‘affiliated island’ means--CommentsClose CommentsPermalink
(A) the Commonwealth of Puerto Rico;CommentsClose CommentsPermalink
(B) Guam;CommentsClose CommentsPermalink
(C) American Samoa;CommentsClose CommentsPermalink
(D) the Commonwealth of the Northern Mariana Islands;CommentsClose CommentsPermalink
(E) the Federated States of Micronesia;CommentsClose CommentsPermalink
(F) the Republic of the Marshall Islands;CommentsClose CommentsPermalink
(G) the Republic of Palau; andCommentsClose CommentsPermalink
(H) the United States Virgin Islands.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of Energy (acting through the Assistant Secretary of Energy Efficiency and Renewable Energy), in consultation with the Secretary of the Interior and the Secretary of State.CommentsClose CommentsPermalink
(3) TEAM- The term ‘team’ means the team established by the Secretary under subsection (b).CommentsClose CommentsPermalink
(b) Establishment- As soon as practicable after the date of enactment of this Act, the Secretary shall assemble a team of technical, policy, and financial experts to address the energy needs of each affiliated island--CommentsClose CommentsPermalink
(1) to reduce the reliance and expenditure of each affiliated island on imported fossil fuels;CommentsClose CommentsPermalink
(2) to increase the use by each affiliated island of indigenous, nonfossil fuel energy sources;CommentsClose CommentsPermalink
(3) to improve the performance of the energy infrastructure of the affiliated island through projects--CommentsClose CommentsPermalink
(A) to improve the energy efficiency of power generation, transmission, and distribution; andCommentsClose CommentsPermalink
(B) to increase consumer energy efficiency;CommentsClose CommentsPermalink
(4) to improve the performance of the energy infrastructure of each affiliated island through enhanced planning, education, and training;CommentsClose CommentsPermalink
(5) to adopt research-based and public-private partnership-based approaches as appropriate;CommentsClose CommentsPermalink
(6) to stimulate economic development and job creation; andCommentsClose CommentsPermalink
(7) to enhance the engagement by the Federal Government in international efforts to address island energy needs.CommentsClose CommentsPermalink
(c) Duties of Team-CommentsClose CommentsPermalink
(1) ENERGY ACTION PLANS-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with subparagraph (B), the team shall provide technical, programmatic, and financial assistance to each utility of each affiliated island, and the government of each affiliated island, as appropriate, to develop and implement an energy Action Plan for each affiliated island to reduce the reliance of each affiliated island on imported fossil fuels through increased efficiency and use of indigenous clean-energy resources.CommentsClose CommentsPermalink
(B) REQUIREMENTS- Each Action Plan described in subparagraph (A) for each affiliated island shall require and provide for--CommentsClose CommentsPermalink
(i) the conduct of 1 or more studies to assess opportunities to reduce fossil fuel use through--CommentsClose CommentsPermalink
(I) the improvement of the energy efficiency of the affiliated island; andCommentsClose CommentsPermalink
(II) the increased use by the affiliated island of indigenous clean-energy resources;CommentsClose CommentsPermalink
(ii) the identification and implementation of the most cost-effective strategies and projects to reduce the dependence of the affiliated island on fossil fuels;CommentsClose CommentsPermalink
(iii) the promotion of education and training activities to improve the capacity of the local utilities of the affiliated island, and the government of the affiliated island, as appropriate, to plan for, maintain, and operate the energy infrastructure of the affiliated island through the use of local or regional institutions, as appropriate;CommentsClose CommentsPermalink
(iv) the coordination of the activities described in clause (iii) to leverage the expertise and resources of international entities, the Department of Energy, the Department of the Interior, and the regional utilities of the affiliated island;CommentsClose CommentsPermalink
(v) the identification, and development, as appropriate, of research-based and private-public, partnership approaches to implement the Action Plan; andCommentsClose CommentsPermalink
(vi) any other component that the Secretary determines to be necessary to reduce successfully the use by each affiliated island of fossil fuels.CommentsClose CommentsPermalink
(2) REPORTS TO SECRETARY- Not later than 1 year after the date on which the Secretary establishes the team and biannually thereafter, the team shall submit to the Secretary a report that contains a description of the progress of each affiliated island in--CommentsClose CommentsPermalink
(A) implementing the Action Plan of the affiliated island developed under paragraph (1)(A); andCommentsClose CommentsPermalink
(B) reducing the reliance of the affiliated island on fossil fuels.CommentsClose CommentsPermalink
(d) Use of Regional Utility Organizations- To provide expertise to affiliated islands to assist the affiliated islands in meeting the purposes of this section, the Secretary shall consider--CommentsClose CommentsPermalink
(1) including regional utility organizations in the establishment of the team; andCommentsClose CommentsPermalink
(2) providing assistance through regional utility organizations.CommentsClose CommentsPermalink
(e) Annual Reports to Congress- Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (c)(2), the Secretary shall submit to the appropriate committees of Congress a report that contains a summary of the report of the team.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENTCommentsClose CommentsPermalink
TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENTCommentsClose CommentsPermalink
Subtitle A--FundingCommentsClose CommentsPermalink
Subtitle A--FundingCommentsClose CommentsPermalink
SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION ACTIVITIES.
(a) Energy Efficiency; Distributed Energy and Electric Energy Systems; Renewable Energy-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out research, development, demonstration, and commercial application activities described in paragraph (2)--CommentsClose CommentsPermalink
(A) $1,974,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(B) $2,388,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(C) $2,821,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
(D) $3,258,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
(2) ACTIVITIES- Paragraph (1) applies to--CommentsClose CommentsPermalink
(A) energy efficiency and conservation research, development, demonstration, and commercial application activities, including activities authorized under subtitle A of title IX of the Energy Policy Act of 2005 (
(B) distributed energy and electric energy system activities, including activities authorized under subtitle B of title IX of that Act (
(C) renewable energy research, development, demonstration, and commercial application activities, including activities authorized under subtitle C of title IX of that Act (
(b) Nuclear Energy- Section 951 of the Energy Policy Act of 2005 (
‘(b) Authorization of Appropriations for Core Programs- There are authorized to be appropriated to the Secretary to carry out nuclear energy research, development, demonstration, and commercial application activities, including activities authorized under this subtitle--CommentsClose CommentsPermalink
‘(1) $998,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(2) $1,196,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(3) $1,394,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
‘(4) $1,592,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(c) Fossil Energy- Section 961(b) of the Energy Policy Act of 2005 (
(1) in paragraph (2), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) $1,074,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(5) $1,272,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(6) $1,470,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
‘(7) $1,668,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(d) Office of Science- Section 971(b) of the Energy Policy Act of 2005 (
(1) in paragraph (3), by striking ‘and’ after the semicolon at the end; andCommentsClose CommentsPermalink
(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
‘(4) $5,800,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(5) $6,468,740,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(6) $7,214,586,000 for fiscal year 2012; andCommentsClose CommentsPermalink
‘(7) $8,046,427,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
Subtitle B--Grand Energy Challenges Research InitiativeCommentsClose CommentsPermalink
Subtitle B--Grand Energy Challenges Research InitiativeCommentsClose CommentsPermalink
SEC. 411. GRAND ENERGY CHALLENGES RESEARCH INITIATIVE.
(a) Establishment- The Secretary, acting through the Under Secretary for Science and the Under Secretary for Energy (referred to in this section as the ‘Under Secretaries’), shall establish a Grand Energy Challenges Research Initiative for the purposes of accelerating the solutions to Grand Energy Challenges through the establishment of large-scale, multidisciplinary activities that blend research in basic, applied, and engineering sciences, technology development, and other relevant disciplines.CommentsClose CommentsPermalink
(b) Administration- The Under Secretaries shall initiate large-scale research activities that bring together the skills and talents of multiple investigators to enable high-risk, cross-cutting research of a scope and complexity that would not be practicable with individual investigators.CommentsClose CommentsPermalink
(c) Grand Energy Challenges- Not later than 180 days after the date of enactment of this Act, the Under Secretaries shall publish in the Federal Register a description of Grand Challenges in Energy that includes--CommentsClose CommentsPermalink
(1) the Challenges described in the Basic Research Needs Workshops reports published by the Office of Basic Energy Sciences of the Office of Science of the Department of Energy;CommentsClose CommentsPermalink
(2) the Challenges described in the reports entitled ‘Directing Matter and Energy: Five Challenges for Science and the Imagination’ and ‘New Science for a Secure and Sustainable Energy Future’ of the Basic Energy Sciences Advisory Committee of the Department of Energy; andCommentsClose CommentsPermalink
(3) the energy-related Challenges described in the report entitled ‘Grand Challenges for Engineering’ of the National Academy of Engineering.CommentsClose CommentsPermalink
(d) Grand Challenge Research Grants-CommentsClose CommentsPermalink
(1) IN GENERAL- The Department of Energy shall carry out the research activities of the Initiative by competitively awarding grants to, entering into cooperative agreements with, or executing other transactions with (consistent with section 1007(g) of the Energy Policy Act of 2005 (
(A) is motivated by and is designed to address 1 or more of the Grand Energy Challenges described in subsection (c);CommentsClose CommentsPermalink
(B) will contribute to fundamental scientific, engineering, and technology understanding; andCommentsClose CommentsPermalink
(C) will integrate diverse approaches to solving 1 or more of the Grand Energy Challenges through a robust management plan designed to achieve success.CommentsClose CommentsPermalink
(2) CONSORTIUMS- To be eligible for a Grand Energy Challenge research grant, cooperative agreement, or other transaction, a consortium shall--CommentsClose CommentsPermalink
(A) be made up of 1 or more of the following groups--CommentsClose CommentsPermalink
(i) institutions of higher education;CommentsClose CommentsPermalink
(ii) National Laboratories of the Department of Energy;CommentsClose CommentsPermalink
(iii) Federally-funded research and development centers;CommentsClose CommentsPermalink
(iv) private industry; andCommentsClose CommentsPermalink
(v) not-for-profit institutions;CommentsClose CommentsPermalink
(B) be comprised of at least 1 non-Federal entity; andCommentsClose CommentsPermalink
(C) develop a multiyear road map that provides achievable metrics for overcoming the Grand Energy Challenges described in subsection (c).CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to such sums as are necessary to carry out this section for each of fiscal years 2010 through 2019.CommentsClose CommentsPermalink
Subtitle C--Improvements to Existing Energy Research and Development ProgramsCommentsClose CommentsPermalink
Subtitle C--Improvements to Existing Energy Research and Development ProgramsCommentsClose CommentsPermalink
SEC. 421. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
Section 5012 of the America COMPETES Act (
(1) in subsection (a)(3), by striking ‘subsection (m)(1)’ and inserting ‘subsection (n)(1)’;CommentsClose CommentsPermalink
(2) in subsection (c)(1)(A)--CommentsClose CommentsPermalink
(A) in the matter preceding clause (i), by striking ‘energy technologies’ and inserting ‘technologies’; andCommentsClose CommentsPermalink
(B) in clause (ii), by striking ‘, including greenhouse gases’ and inserting ‘and greenhouse gas emissions from all sources’;CommentsClose CommentsPermalink
(3) in subsection (e)(1), by striking ‘all’ and inserting ‘the initiation of’;CommentsClose CommentsPermalink
(4) by redesignating subsections (f) through (m) as subsections (g) through (n), respectively;CommentsClose CommentsPermalink
(5) by inserting after subsection (e) the following:CommentsClose CommentsPermalink
‘(f) Administration- In carrying out this section, ARPA-E may initiate and execute grants, contracts, cooperative agreements, and other transactions separate from the Department of Energy.’;CommentsClose CommentsPermalink
(6) in subsection (g)(1)(B)(iv) (as redesignated by paragraph (4)), by striking ‘subsection (j)’ and inserting ‘subsection (k)’;CommentsClose CommentsPermalink
(7) in subsection (h)(2) (as redesignated by paragraph (4))--CommentsClose CommentsPermalink
(A) by striking ‘2008’ and inserting ‘2009’; andCommentsClose CommentsPermalink
(B) by striking ‘2011’ and inserting ‘2012’; andCommentsClose CommentsPermalink
(8) in subsection (l)(1) (as redesignated by paragraph (4)), by striking ‘4 years’ and inserting ‘7 years’; andCommentsClose CommentsPermalink
(9) in subsection (n)(2)(B) (as redesignated by paragraph (4)), by striking ‘and 2010’ and inserting ‘through 2020’.CommentsClose CommentsPermalink
SEC. 422. DOMESTIC VEHICLE BATTERY MANUFACTURING RESEARCH.
The United States Energy Storage Competitiveness Act of 2007 (
(1) by redesignating subsections (l) through (p) as subsections (m) through (q), respectively;CommentsClose CommentsPermalink
(2) by inserting after subsection (k) the following:CommentsClose CommentsPermalink
‘(l) Domestic Vehicle Battery Manufacturing Research-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy, shall conduct a research program on manufacturing batteries and battery systems to support electric drive vehicles.CommentsClose CommentsPermalink
‘(2) PURPOSES- The purpose of the program shall be to improve existing processes, or develop new manufacturing processes, to enable higher quality and less expensive energy batteries for electric drive vehicles.CommentsClose CommentsPermalink
‘(3) PARTICIPANTS- The program shall be conducted by teams of researchers, which may include--CommentsClose CommentsPermalink
‘(A) energy storage systems manufacturers;CommentsClose CommentsPermalink
‘(B) material and equipment suppliers of battery and battery system manufacturers;CommentsClose CommentsPermalink
‘(C) electric drive vehicle manufacturers;CommentsClose CommentsPermalink
‘(D) National Laboratories;CommentsClose CommentsPermalink
‘(E) other Federal agencies;CommentsClose CommentsPermalink
‘(F) State and local governments; andCommentsClose CommentsPermalink
‘(G) institutions of higher education.’;CommentsClose CommentsPermalink
(3) in subsection (n) (as redesignated by paragraph (1)), by striking ‘and (k)’ and inserting ‘(k), and (l)’; andCommentsClose CommentsPermalink
(4) in subsection (q) (as redesignated by paragraph (1))--CommentsClose CommentsPermalink
(A) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (6), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) the domestic vehicle energy storage manufacturing research program under subsection (l) such sums as are necessary for each of fiscal years 2009 through 2018.’.CommentsClose CommentsPermalink
SEC. 423. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
Section 651 of the Energy Independence and Security Act of 2007 (
‘(b) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2010 through 2013.’.CommentsClose CommentsPermalink
SEC. 424. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT ACT OF 2000.
(a) Findings- Section 2 of the Methane Hydrate Research and Development Act of 2000 (
(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) methane is a powerful greenhouse gas that may be exchanged between terrestrial methane hydrate reservoirs and the atmosphere by natural or anthropogenic processes; andCommentsClose CommentsPermalink
‘(7) the short- and long-term release of methane from arctic or marine reservoirs may have significant environmental effects, including global climate change.’.CommentsClose CommentsPermalink
(b) Methane Hydrate Research and Development Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 4 of the Methane Hydrate Research and Development Act of 2000 (
‘(b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals-CommentsClose CommentsPermalink
‘(1) ASSISTANCE AND COORDINATION- In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or enter into contracts or cooperative agreements with, institutions that--CommentsClose CommentsPermalink
‘(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy;CommentsClose CommentsPermalink
‘(B) identify and characterize methane hydrate resources using remote sensing and seismic data;CommentsClose CommentsPermalink
‘(C) develop technologies required for efficient and environmentally sound development of methane hydrate resources;CommentsClose CommentsPermalink
‘(D) conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing (including natural degassing and degassing associated with commercial development);CommentsClose CommentsPermalink
‘(E) develop technologies to reduce the risks of drilling through methane hydrates;CommentsClose CommentsPermalink
‘(F) conduct exploratory drilling, well testing, and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by this paragraph, including drilling of 3 or more full-scale production test wells; orCommentsClose CommentsPermalink
‘(G) expand education and training programs in methane hydrate resource research and resource development through fellowships or other means for graduate education and training.CommentsClose CommentsPermalink
‘(2) ENVIRONMENTAL MONITORING- The Secretary shall conduct a long-term environmental monitoring program to study the effects of production from methane hydrate reservoirs.CommentsClose CommentsPermalink
‘(3) COMPETITIVE PEER REVIEW- Funds made available under paragraphs (1) and (2) shall be made available based on a competitive process using external scientific peer review of proposed research.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 4(e) of the Methane Hydrate Research and Development Act of 2000 (
30 U.S.C. 2003(e) ) is amended in the matter preceding paragraph (1) by striking ‘subsection (b)(1)’ and inserting ‘paragraphs (1) and (2) of subsection (b)’.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- The Methane Hydrate Research and Development Act of 2000 is amended by striking section 7 (
‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to the Secretary to carry out this Act, to remain available until expended--CommentsClose CommentsPermalink
‘(1) for use in carrying out section 4(b)(1)--CommentsClose CommentsPermalink
‘(A) $60,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(B) $70,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
‘(C) $80,000,000 for fiscal year 2013;CommentsClose CommentsPermalink
‘(D) $90,000,000 for fiscal year 2014; andCommentsClose CommentsPermalink
‘(E) $90,000,000 for fiscal year 2015; andCommentsClose CommentsPermalink
‘(2) for use in carrying out section 4(b)(2), $10,000,000 for each of fiscal years 2010 through 2015.’.CommentsClose CommentsPermalink
SEC. 425. PROGRAM TO EXPLOIT LOW-BTU GAS AND CONSERVE HELIUM RESOURCES.
(a) Definition of Low-Btu Gas- In this section, the term ‘low-Btu gas’ means a fuel gas with a heating value of less than 250 Btu per cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide.CommentsClose CommentsPermalink
(b) Authorization- The Secretary shall support programs of research, development, commercial application, and conservation to expand the domestic production of low-Btu gas and helium resources, including the programs described in subsection (c).CommentsClose CommentsPermalink
(c) Programs-CommentsClose CommentsPermalink
(1) MEMBRANE TECHNOLOGY RESEARCH- The Secretary, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of gases from applications, including those that--CommentsClose CommentsPermalink
(A) pull off constituent gases that lower the Btu content of natural gas; orCommentsClose CommentsPermalink
(B) pull gases from landfills and separate out methane.CommentsClose CommentsPermalink
(2) HELIUM SEPARATION TECHNOLOGY- The Secretary shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occurs naturally in geologic reservoirs or formations, including low-Btu gas production streams.CommentsClose CommentsPermalink
(3) INDUSTRIAL HELIUM PROGRAM- The Secretary, working through the Industrial Technologies Program of the Department of Energy, shall support a research program--CommentsClose CommentsPermalink
(A) to develop technologies for recycling, reprocessing, and reusing helium; andCommentsClose CommentsPermalink
(B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing.CommentsClose CommentsPermalink
(d) Incentives for Innovative Technologies- Section 1703(b) of the Energy Policy Act of 2005 (
‘(11) Low-Btu gas (as defined in section 425(a) of the American Clean Energy Leadership Act of 2009) and helium gas projects.’.CommentsClose CommentsPermalink
SEC. 426. OFFICE OF ARCTIC ENERGY.
(a) In General- Title II of the Department of Energy Organization Act (
‘SEC. 218. OFFICE OF ARCTIC ENERGY.
‘(a) Establishment- The Secretary may establish within the Department an Office of Arctic Energy (referred to in this section as the ‘Office’).CommentsClose CommentsPermalink
‘(b) Purposes- The purposes of the Office shall be--CommentsClose CommentsPermalink
‘(1) to promote research, development, and deployment of electric power technology that is cost-effective and especially well suited to meet the needs of rural and remote regions of the United States, especially regions in which permafrost is present or located nearby;CommentsClose CommentsPermalink
‘(2) to promote research, development, and deployment in regions described in paragraph (1) of--CommentsClose CommentsPermalink
‘(A) enhanced oil recovery technology, including heavy oil recovery, reinjection of carbon, and extended reach drilling technologies;CommentsClose CommentsPermalink
‘(B) gas-to-liquids technology and liquefied natural gas (including associated transportation systems);CommentsClose CommentsPermalink
‘(C) small hydroelectric facilities, river turbines, and tidal power; andCommentsClose CommentsPermalink
‘(D) natural gas hydrates, coal bed methane, and shallow bed natural gas; andCommentsClose CommentsPermalink
‘(3) to promote research, development, and deployment in those regions of cold weather of alternative energy research, including wind, geothermal, fuel cells, biomass, ocean hydrokinetic energy, and solar energy.CommentsClose CommentsPermalink
‘(c) Location- The Secretary shall locate the Office at an institution of higher education with expertise and experience in the matters described in subsection (b).CommentsClose CommentsPermalink
‘(d) Annual Reports- The Secretary shall submit to Congress an annual report that describes the research program that is proposed to carry out subsection (b)(3).CommentsClose CommentsPermalink
‘(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section--CommentsClose CommentsPermalink
‘(1) $15,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(2) $20,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(3) $22,500,000 for fiscal year 2012 and each fiscal year thereafter.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 3197 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (
42 U.S.C. 7144d ) is repealed.CommentsClose CommentsPermalink(2) The table of contents in the first section of the Department of Energy Organization Act (
42 U.S.C. 7101 ) is amended by adding at the end of the items relating to title II the following:CommentsClose CommentsPermalink‘Sec. 218. Office of Arctic Energy.’.CommentsClose CommentsPermalink
SEC. 427. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER PETROLEUM RESOURCES PROGRAM.
(a) Program- Section 999A(a) of the Energy Policy Act of 2005 (
(1) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The Secretary’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) NAME- The program established under this section shall be known as the ‘Unconventional Domestic Natural Gas and Other Petroleum Resources Program’.’.CommentsClose CommentsPermalink
(b) Purposes- Section 999A of the Energy Policy Act of 2005 (
‘(f) Purposes- In carrying out the program authorized by this subtitle, the Secretary shall seek to establish partnerships with research performers in institutions of higher education and the private sector to undertake research and development not likely otherwise to be undertaken in the absence of support from the program.’.CommentsClose CommentsPermalink
(c) Annual Plan- Section 999B(e)(3) of the Energy Policy Act of 2005 (
(d) Form of Award- Section 999B(f) of the Energy Policy Act of 2005 (
‘(4) FORM OF AWARD- The program consortium may make awards in the form of grants, contracts, cooperative agreements, or other transactions.’.CommentsClose CommentsPermalink
(e) Extension- Section 999F of the Energy Policy Act of 2005 (
(f) Definition of Program Administration Funds- Section 999G(3) of the Energy Policy Act of 2005 (
(g) Funding- Section 999H(e) of the Energy Policy Act of 2005 (
Subtitle D--Energy Workforce DevelopmentCommentsClose CommentsPermalink
Subtitle D--Energy Workforce DevelopmentCommentsClose CommentsPermalink
SEC. 431. BEST PRACTICES FOR ENERGY CAREER ACADEMIES.
Section 3164 of the Department of Energy Science Education Enhancement Act (
(1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
‘(c) Energy Career Academies- The Director of Science, Engineering, and Mathematics Education shall disseminate best practices for career pathway programs at public secondary schools that--CommentsClose CommentsPermalink
‘(1) prepare students for careers in the energy technology industry (as defined in section 1101 of the Energy Policy Act of 2005 (
42 U.S.C. 16411 ); andCommentsClose CommentsPermalink‘(2) provide sufficient training to allow academy graduates to secure entry-level employment or apprenticeships in the energy technology industry.’.CommentsClose CommentsPermalink
SEC. 432. ENERGY CAREER ACADEMIES.
The Department of Energy Science Education Enhancement Act is amended--CommentsClose CommentsPermalink
(1) by redesignating sections 3168 and 3169 (
(2) by inserting after section 3167 (
‘SEC. 3168. ENERGY CAREER ACADEMIES.
‘(a) Purpose- The purpose of this section is to establish a program of grants to State educational agencies to help local educational agencies create or expand energy career academies.CommentsClose CommentsPermalink
‘(b) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COMMUNITY COLLEGE- The term ‘community college’ means--CommentsClose CommentsPermalink
‘(A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (
20 U.S.C. 1058(f) )); andCommentsClose CommentsPermalink‘(B) an institution of higher education at which more than 35 percent of all degrees are awarded at the 2-year level or below.CommentsClose CommentsPermalink
‘(2) DIRECTOR- The term ‘Director’ means the Director of Science, Engineering, and Mathematics Education.CommentsClose CommentsPermalink
‘(3) ENERGY CAREER ACADEMY- The term ‘energy career academy’ means a public secondary school that meets the best practices determined by the Director under section 3164(c).CommentsClose CommentsPermalink
‘(4) LOCAL EDUCATIONAL AGENCY- The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7801 ).CommentsClose CommentsPermalink‘(5) SECONDARY SCHOOL- The term ‘secondary school’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7801 ).CommentsClose CommentsPermalink‘(6) STATE EDUCATIONAL AGENCY- The term ‘State educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7801 ).CommentsClose CommentsPermalink‘(c) Grants- From the amounts made available under subsection (h), the Secretary, acting through the Director and in consultation with the Secretary of Labor, shall award renewable 5-year grants to State educational agencies on a competitive basis, to provide assistance to local educational agencies for the costs of establishing or expanding energy career academies.CommentsClose CommentsPermalink
‘(d) Federal and Non-Federal Shares-CommentsClose CommentsPermalink
‘(1) FEDERAL SHARE- The Federal share of the costs described in subsection (c) shall not exceed 33 percent.CommentsClose CommentsPermalink
‘(2) NON-FEDERAL SHARE- The non-Federal share of the costs described in subsection (c) shall be--CommentsClose CommentsPermalink
‘(A) not less than 67 percent; andCommentsClose CommentsPermalink
‘(B) provided from non-Federal sources, in cash or in kind, fairly evaluated, including services.CommentsClose CommentsPermalink
‘(3) MAINTENANCE OF EFFORT- A State educational agency shall provide assurances to the Secretary that funds provided to the State under this section will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended for activities covered by this section in the State.CommentsClose CommentsPermalink
‘(e) Application- To be eligible to receive a grant under this section, a State educational agency shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require that describes--CommentsClose CommentsPermalink
‘(1) the process by which, and selection criteria with which, the State educational agency will select and designate a public secondary school to host the proposed energy career academy;CommentsClose CommentsPermalink
‘(2) how the State educational agency will ensure that funds made available under this section are used to establish or expand an energy career academy;CommentsClose CommentsPermalink
‘(3) how the State educational agency will use technical assistance and support from the Department, industry partners, community colleges, and other entities with experience and expertise in energy workforce training;CommentsClose CommentsPermalink
‘(4) the curricula and materials to be used in the energy career academy;CommentsClose CommentsPermalink
‘(5) the availability of funds from non-Federal sources for the costs of the activities authorized under this section; andCommentsClose CommentsPermalink
‘(6) a plan to sustain the program without Federal funding.CommentsClose CommentsPermalink
‘(f) Distribution- In awarding grants under this section, the Director shall ensure a wide, equitable distribution of grants among regions of the United States.CommentsClose CommentsPermalink
‘(g) Evaluation and Report-CommentsClose CommentsPermalink
‘(1) EVALUATION- Each State educational agency that receives a grant under this section shall develop and carry out an evaluation and accountability plan for the activities funded through the grant that measures the impact of the activities, including measurable objectives for student academic achievement, and job placement statistics for academy graduates.CommentsClose CommentsPermalink
‘(2) REPORT TO DIRECTOR- The State educational agency shall submit to the Director a report describing the results of the evaluation and accountability plan.CommentsClose CommentsPermalink
‘(3) REPORT TO CONGRESS- Not later than 2 years after the date of enactment of the American Clean Energy Leadership Act of 2009, the Director shall submit a report describing the impact of the activities assisted with funds made available under this section to--CommentsClose CommentsPermalink
‘(A) the Committee on Science and Technology of the House of Representatives;CommentsClose CommentsPermalink
‘(B) the Committee on Energy and Commerce of the House of Representatives;CommentsClose CommentsPermalink
‘(C) the Committee on Education and Labor of the House of Representatives;CommentsClose CommentsPermalink
‘(D) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
‘(E) the Committee on Health, Education, Labor, and Pensions of the Senate.CommentsClose CommentsPermalink
‘(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
‘(1) $14,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(2) $22,500,000 for fiscal year 2010; andCommentsClose CommentsPermalink
‘(3) $30,000,000 for fiscal year 2011.’.CommentsClose CommentsPermalink
SEC. 433. ENERGY UTILITY TRADES PROGRAM FOR COMMUNITY COLLEGES.
The Protecting America’s Competitive Edge Through Energy Act (
(1) by redesignating sections 5006 through 5012 (
(2) by inserting after section 5005 (
‘SEC. 5006. ENERGY UTILITY TRADES PROGRAM FOR COMMUNITY COLLEGES.
‘(a) Purpose- The purpose of this section is to address the decline in the number of qualified employees for the energy utility industry.CommentsClose CommentsPermalink
‘(b) Definition of Community College- In this section, the term ‘community college’ means--CommentsClose CommentsPermalink
‘(1) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (
20 U.S.C. 1058(f) )); andCommentsClose CommentsPermalink‘(2) an institution of higher education at which more than 35 percent of all degrees are awarded at the 2-year level or below.CommentsClose CommentsPermalink
‘(c) Establishment- The Secretary shall establish, in accordance with this section, a program to expand and enhance the educational capabilities of community colleges to prepare students for careers in trades relevant to the energy utility industry.CommentsClose CommentsPermalink
‘(d) Grants- The Secretary shall award competitive grants to community colleges that establish or expand academic degree programs in the energy utility trades, including technicians in the nuclear utilities industry.CommentsClose CommentsPermalink
‘(e) Priority- In evaluating grants under this section, the Secretary shall give priority to proposals that involve existing or new partnerships with private industry or other eligible energy utility entities or involve schools with underserved populations, as determined by the Secretary.CommentsClose CommentsPermalink
‘(f) Criteria- Criteria for a grant awarded under this section shall be based on--CommentsClose CommentsPermalink
‘(1) the potential to attract students to the program;CommentsClose CommentsPermalink
‘(2) the ability to offer hands-on learning opportunities (including internships and apprenticeship) in the energy utility sector;CommentsClose CommentsPermalink
‘(3) a demonstrated commitment to partner with secondary schools to promote careers in the energy utility industry; andCommentsClose CommentsPermalink
‘(4) the long-term sustainability of the program without Federal funding.CommentsClose CommentsPermalink
‘(g) Duration and Amount-CommentsClose CommentsPermalink
‘(1) DURATION- A grant under this section may be--CommentsClose CommentsPermalink
‘(A) up to 5 years in duration; andCommentsClose CommentsPermalink
‘(B) renewed subject to the criteria described in subsection (f).CommentsClose CommentsPermalink
‘(2) AMOUNT- A community college that receives a grant under this section shall be eligible for up to $500,000 for each year of the grant period.CommentsClose CommentsPermalink
‘(h) Use of Funds- A community college that receives a grant under this section may use the grant to--CommentsClose CommentsPermalink
‘(1) recruit and retain new faculty;CommentsClose CommentsPermalink
‘(2) develop core and specialized course content;CommentsClose CommentsPermalink
‘(3) encourage collaboration between faculty and industry partners;CommentsClose CommentsPermalink
‘(4) support outreach efforts to recruit students; andCommentsClose CommentsPermalink
‘(5) provide scholarships to participating students.’.CommentsClose CommentsPermalink
SEC. 434. STUDENT AWARENESS OF ENERGY CAREER OPPORTUNITIES.
Section 1101 of the Energy Policy Act of 2005 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink
(B) by inserting before paragraph (2) (as so redesignated) the following:CommentsClose CommentsPermalink
‘(1) COMMUNITY COLLEGE- The term ‘community college’ means--CommentsClose CommentsPermalink
‘(A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (
20 U.S.C. 1058(f) )); andCommentsClose CommentsPermalink‘(B) an institution of higher education at which more than 35 percent of all degrees are awarded at the 2-year level or below.’;CommentsClose CommentsPermalink
(2) by redesignating subsection (d) as subsection (f); andCommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
‘(d) Career Counselor Outreach- The Secretary, in consultation with the Secretary of Labor, shall establish a program to communicate information collected under subsection (b) on a nationwide basis to--CommentsClose CommentsPermalink
‘(1) guidance counselors at secondary schools;CommentsClose CommentsPermalink
‘(2) career development offices at community colleges and institutions of higher education; andCommentsClose CommentsPermalink
‘(3) principals and district superintendents.CommentsClose CommentsPermalink
‘(e) Student Awareness of Energy Career Opportunities- The Secretary shall create and maintain a website, and interface with Federal Trio programs, GEAR UP programs, or similar programs, to provide secondary and postsecondary school students with information on careers in energy technology industries, including--CommentsClose CommentsPermalink
‘(1) career information and job descriptions for the energy technology industry;CommentsClose CommentsPermalink
‘(2) projected workforce shortages in the energy technology industry;CommentsClose CommentsPermalink
‘(3) a comprehensive listing and description of institutions of higher education providing degrees with a specific focus on the energy technology industry;CommentsClose CommentsPermalink
‘(4) a comprehensive listing and description of community colleges and career training programs with a particular focus on the energy technology industry; andCommentsClose CommentsPermalink
‘(5) sources of scholarships and other forms of financial aid with particular relevance to the energy technology industry.’.CommentsClose CommentsPermalink
SEC. 435. COORDINATION OF ENERGY WORKFORCE TRAINING PROGRAMS.
(a) In General- Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to Congress a report that surveys energy workforce training programs funded by Federal agencies, including--CommentsClose CommentsPermalink
(1) programs for training skilled technical personnel (as defined in section 1101(a) of the Energy Policy Act of 2005 (
(2) undergraduate and graduate degree programs with course curricula related to the production, transmission, and use of energy; andCommentsClose CommentsPermalink
(3) secondary school programs with course curricula relating to the production, transmission, and use of energy.CommentsClose CommentsPermalink
(b) Coordination Plan- The plan shall provide--CommentsClose CommentsPermalink
(1) a coordinated Federal strategy for supporting the training of a domestic workforce to support the production, transmission, and use of energy in the United States; andCommentsClose CommentsPermalink
(2) a 5-year budget profile to support the strategy.CommentsClose CommentsPermalink
SEC. 436. DIRECT HIRE AUTHORITY.
(a) In General- Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, recruit and directly appoint highly qualified scientists, engineers, or critical technical personnel into the competitive service.CommentsClose CommentsPermalink
(b) Exception- The authority granted under subsection (a) shall not apply to positions in the excepted service or the Senior Executive Service.CommentsClose CommentsPermalink
(c) Requirements- In exercising the authority granted under subsection (a), the Secretary shall ensure that any action taken by the Secretary--CommentsClose CommentsPermalink
(1) is consistent with the merit principles of
(2) complies with the public notice requirements of
(d) Termination of Effectiveness- The authority provided by this section terminates effective on the date that is 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 437. CRITICAL PAY AUTHORITY.
(a) In General- Notwithstanding
(1) the positions--CommentsClose CommentsPermalink
(A) require expertise of an extremely high level in a scientific or technical field; andCommentsClose CommentsPermalink
(B) the Department of Energy would not successfully accomplish an important mission without such an individual; andCommentsClose CommentsPermalink
(2) exercise of the authority is necessary to recruit an individual exceptionally well qualified for the position.CommentsClose CommentsPermalink
(b) Limitations- The authority granted under subsection (a) shall be subject to the following conditions:CommentsClose CommentsPermalink
(1) The number of critical positions authorized by subsection (a) may not exceed 40 at any 1 time in the Department of Energy.CommentsClose CommentsPermalink
(2) The term of an appointment under subsection (a) may not exceed 4 years.CommentsClose CommentsPermalink
(3) An individual appointed under subsection (a) may not have been a Department of Energy employee within the 2 years prior to the date of appointment.CommentsClose CommentsPermalink
(4) Total annual compensation for any individual appointed under subsection (a) may not exceed the highest total annual compensation payable at the rate determined under
(5) An individual appointed under subsection (a) may not be considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United States Code.CommentsClose CommentsPermalink
(c) Notification- Each year, the Secretary shall submit to Congress a notification that lists each individual appointed under this section.CommentsClose CommentsPermalink
SEC. 438. REEMPLOYMENT OF CIVILIAN RETIREES.
(a) In General- Notwithstanding part 553 of title 5, Code of Federal Regulations (relating to reemployment of civilian retirees to meet exceptional employment needs), or successor regulations, the Secretary may approve the reemployment of an individual to a particular position without reduction or termination of annuity if the hiring of the individual is necessary to carry out a critical function of the Department of Energy for which suitably qualified candidates do not exist.CommentsClose CommentsPermalink
(b) Limitations- An annuitant hired with full salary and annuities under the authority granted by subsection (a)--CommentsClose CommentsPermalink
(1) shall not be considered an employee for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code;CommentsClose CommentsPermalink
(2) may not elect to have retirement contributions withheld from the pay of the annuitant;CommentsClose CommentsPermalink
(3) may not use any employment under this section as a basis for a supplemental or recomputed annuity; andCommentsClose CommentsPermalink
(4) may not participate in the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code.CommentsClose CommentsPermalink
(c) Limitation on Term- The term of employment of any individual hired under subsection (a) may not exceed an initial term of 2 years, with an additional 2-year appointment under exceptional circumstances.CommentsClose CommentsPermalink
SEC. 439. SUSTAINABLE ENERGY TRAINING PROGRAM FOR COMMUNITY COLLEGES.
(a) Definition of Community College- In this Act, the term ‘community college’ means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (
(1) provides a 2-year program of instruction for which the institution awards an associate degree; andCommentsClose CommentsPermalink
(2) primarily awards associate degrees.CommentsClose CommentsPermalink
(b) Workforce Training and Education in Sustainable Energy- From funds made available under subsection (d), the Secretary of Energy, in coordination with the Secretary of Labor, shall carry out a joint sustainable energy workforce training and education program. In carrying out the program, the Secretary of Energy, in coordination with the Secretary of Labor, shall award grants to community colleges to provide workforce training and education in industries and practices such as--CommentsClose CommentsPermalink
(1) alternative energy, including wind, geothermal, biomass, ocean hydrokinetic energy, and solar energy;CommentsClose CommentsPermalink
(2) energy efficient construction, retrofitting, and design;CommentsClose CommentsPermalink
(3) sustainable energy technologies, including chemical technology, nanotechnology, and electrical technology;CommentsClose CommentsPermalink
(4) water and energy conservation;CommentsClose CommentsPermalink
(5) recycling and waste reduction;CommentsClose CommentsPermalink
(6) sustainable agriculture and farming; andCommentsClose CommentsPermalink
(7) nuclear energy technology.CommentsClose CommentsPermalink
(c) Award Considerations- Of the funds made available under subsection (d) for a fiscal year, not less than one-half of such funds shall be awarded to community colleges with existing (as of the date of the award) sustainability programs that lead to certificates or degrees in 1 or more of the industries and practices described in paragraphs (1) through (6) of subsection (b).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2010 through 2015.CommentsClose CommentsPermalink
Subtitle E--Strengthening Education and Training in the Subsurface Geosciences and Engineering for Energy DevelopmentCommentsClose CommentsPermalink
Subtitle E--Strengthening Education and Training in the Subsurface Geosciences and Engineering for Energy DevelopmentCommentsClose CommentsPermalink
SEC. 451. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ABET- The term ‘ABET’ means ABET, Inc., a nationally recognized accreditation organization for college and university engineering programs.CommentsClose CommentsPermalink
(2) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the Advisory Committee established under section 457.CommentsClose CommentsPermalink
(3) CONSORTIUM- The term ‘consortium’ means a research and educational partnership that may include--CommentsClose CommentsPermalink
(A) institutions of higher education;CommentsClose CommentsPermalink
(B) professional societies or foundations;CommentsClose CommentsPermalink
(C) industry associations;CommentsClose CommentsPermalink
(D) individual business entities;CommentsClose CommentsPermalink
(E) State agencies;CommentsClose CommentsPermalink
(F) federally recognized multistate commissions and regional organizations;CommentsClose CommentsPermalink
(G) Federal agencies;CommentsClose CommentsPermalink
(H) national laboratories;CommentsClose CommentsPermalink
(I) nongovernmental organizations; andCommentsClose CommentsPermalink
(J) individuals.CommentsClose CommentsPermalink
(4) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (
(5) MINORITY-SERVING INSTITUTION- The term ‘minority-serving institution’ means--CommentsClose CommentsPermalink
(A) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (
(B) a Hispanic-serving institution (as defined in section 502(a) of that Act (
(C) a Tribal College or University;CommentsClose CommentsPermalink
(D) an Alaska Native-serving institution (as defined in section 317(b) of that Act (
(E) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act (
(F) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act (
(6) RECOGNIZED PROGRAM- The term ‘recognized program’ means a program at an institution of higher education that is--CommentsClose CommentsPermalink
(A) an engineering program with subsurface applications that is--CommentsClose CommentsPermalink
(i) accredited by the Engineering Accreditation Committee or Technology Accreditation Commission of ABET; andCommentsClose CommentsPermalink
(ii) focused on petroleum or natural gas production, ground water, geothermal resources, the production of mineral resources, the development of permanent underground workings, and the long-term storage of carbon dioxide in subsurface areas, as demonstrated by the curriculum and the expertise of its faculty; orCommentsClose CommentsPermalink
(B) a program in geology or geophysics that--CommentsClose CommentsPermalink
(i) includes undergraduate or graduate programs of research and education applicable to energy, ground water, and mineral development;CommentsClose CommentsPermalink
(ii) includes programs of research or education in exploration for, and production of, such deposits and resources; andCommentsClose CommentsPermalink
(iii) the Secretary, after review by the Advisory Committee of the program and its outcomes, determines to be appropriate for funding under this subtitle.CommentsClose CommentsPermalink
(7) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(8) TRIBAL COLLEGE OR UNIVERSITY- The term ‘Tribal College or University’ has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (
SEC. 452. POLICY.
It is the policy of the United States to maintain and expand the human capital needed to preserve and foster the security of economically viable clean energy, ground water, and mineral resources of the United States, through financial assistance for science and technology programs that educate, train, and retrain the personnel needed for United States energy, ground water, and mineral resources security.CommentsClose CommentsPermalink
SEC. 453. RESEARCH PERSONNEL AND PROGRAMS.
(a) In General- In support of the policy described in section 452, the Secretary shall provide research funds to institutions of higher education to assist recognized programs in subsurface geosciences and engineering, including programs in energy (including geological carbon storage), petroleum, ground water, economic geology, mining, and mineral and geological engineering education and research.CommentsClose CommentsPermalink
(b) Conditions- All funds provided under subsection (a) shall be--CommentsClose CommentsPermalink
(1) directed only to programs recognized by the Secretary; andCommentsClose CommentsPermalink
(2) subject to this subtitle.CommentsClose CommentsPermalink
(c) Types of Research- Research conducted using funds provided under subsection (a) shall include studies and research--CommentsClose CommentsPermalink
(1) to enhance basic science and engineering;CommentsClose CommentsPermalink
(2) to provide data to test and improve scientific or engineering hypotheses; andCommentsClose CommentsPermalink
(3) to determine scientific or engineering feasibility to enhance discovery, development, and production of energy, ground water, and mineral resources while minimizing environmental impacts.CommentsClose CommentsPermalink
(d) Duration of Program; Number of Students- Each institution of higher education receiving funds under subsection (a) shall--CommentsClose CommentsPermalink
(1) maintain the program for which the funds are provided for a period of at least 10 years beginning on the date of the last receipt of those funds; andCommentsClose CommentsPermalink
(2) take steps described in the application for research funding submitted to the Secretary to increase the number of undergraduate students enrolled in and completing the programs of study in recognized programs with subsurface applications.CommentsClose CommentsPermalink
(e) Minority-serving Institutions- The Secretary shall give particular consideration to minority-serving institutions that have an established recognized program or that propose to establish a recognized program, including by--CommentsClose CommentsPermalink
(1) assigning appropriate employees to serve as mentors and adjunct faculty;CommentsClose CommentsPermalink
(2) transferring appropriate equipment to the programs; andCommentsClose CommentsPermalink
(3) allowing faculty or students at those institutions free access to appropriate Department training.CommentsClose CommentsPermalink
(f) Consortia- Where appropriate, the Secretary may make funds available to consortia to conduct projects of broad application that could not otherwise be undertaken, including national and regional projects in subsurface geosciences and engineering, on the condition that funds provided to any consortium shall be given only to a single eligible institution of higher education with a recognized program which shall be responsible for distribution, monitoring, and reporting on the activities of the consortium, as required by the Secretary.CommentsClose CommentsPermalink
SEC. 454. SCHOLARSHIPS AND FELLOWSHIPS.
(a) In General- The Secretary shall provide funds to institutions of higher education with recognized programs for the purpose of providing merit-based scholarships for undergraduate geoscience or engineering education with general subsurface applications, and graduate fellowships in the applied geosciences and subsurface engineering, including applications relating to--CommentsClose CommentsPermalink
(1) petroleum, chemical, mining, geological (such as geological carbon storage), geophysical, ground water, or mineral engineering;CommentsClose CommentsPermalink
(2) petroleum geology;CommentsClose CommentsPermalink
(3) geothermal geology;CommentsClose CommentsPermalink
(4) mining and economic geology;CommentsClose CommentsPermalink
(5) petroleum, ground water, and mining geophysics;CommentsClose CommentsPermalink
(6) mineral economics;CommentsClose CommentsPermalink
(7) hydrogeology or ground water science; orCommentsClose CommentsPermalink
(8) produced water treatment and reuse.CommentsClose CommentsPermalink
(b) Veterans and Service Members- In awarding scholarships and fellowships under this section, an institution of higher education shall give preference to applications from veterans and service members who have received or will receive the Afghanistan Campaign Medal or the Iraq Campaign Medal as authorized by
(c) Requirements for Receipt of Scholarship or Fellowship- To receive a scholarship or a graduate fellowship, an individual student shall--CommentsClose CommentsPermalink
(1) be a lawful permanent resident of the United States or a United States citizen or national; andCommentsClose CommentsPermalink
(2) agree in writing to complete a course of studies and receive a degree in a recognized program in an area specified in subsection (a).CommentsClose CommentsPermalink
(d) Requirements for Retention of Scholarship or Fellowship-CommentsClose CommentsPermalink
(1) IN GENERAL- To retain a scholarship or graduate fellowship awarded under this section, an individual shall, as determined by the applicable institution of higher education--CommentsClose CommentsPermalink
(A) continue in 1 of the courses of studies authorized by this section; andCommentsClose CommentsPermalink
(B) remain in good academic standing.CommentsClose CommentsPermalink
(2) REINSTATEMENT- An institution of higher education may allow for reinstatement of a scholarship or graduate fellowship in a case in which an individual failed to maintain good academic standing but subsequently regained such standing.CommentsClose CommentsPermalink
(e) Application of Institution of Higher Education- An institution of higher education seeking funds under this section shall describe, in the application of the institution of higher education submitted to the Secretary for the funding--CommentsClose CommentsPermalink
(1) the number of students that would be awarded scholarships or fellowships if the application were to be approved;CommentsClose CommentsPermalink
(2) the manner in which those students would be selected; andCommentsClose CommentsPermalink
(3) the ways in which the requirements of this section would be enforced.CommentsClose CommentsPermalink
SEC. 455. CAREER TECHNICAL AND COMMUNITY COLLEGE EDUCATION.
(a) In General- The Secretary shall support programs in subsurface geosciences and engineering that--CommentsClose CommentsPermalink
(1) are focused on technology or skill development and the use of that technology or skills in energy, ground water science or hydrogeology, and mineral production, and related maintenance, operational safety, or energy infrastructure protection and security;CommentsClose CommentsPermalink
(2) prepare students for advanced or supervisory roles in the geothermal, petroleum, mining, geological carbon storage, ground water, or mineral mining industries;CommentsClose CommentsPermalink
(3) grant an associate’s degree, a certificate, or a baccalaureate degree; andCommentsClose CommentsPermalink
(4) prepare students for further higher education in the recognized programs.CommentsClose CommentsPermalink
(b) Eligible Programs-CommentsClose CommentsPermalink
(1) IN GENERAL- Programs that are eligible to receive support under this section are those that provide training for individuals seeking to enter the industries described in subsection (a)(2), such as--CommentsClose CommentsPermalink
(A) joint apprenticeship programs;CommentsClose CommentsPermalink
(B) internships in industry, Federal, State, or tribal offices;CommentsClose CommentsPermalink
(C) research experiences at national laboratories authorized by Federal law; andCommentsClose CommentsPermalink
(D) other programs at institutions of higher education (including community colleges).CommentsClose CommentsPermalink
(2) CONSIDERATION- The Secretary shall give particular consideration to supporting programs that provide training for a progressive career path in the industries described in subsection (a)(2).CommentsClose CommentsPermalink
(3) ESSENTIAL SUPPORT- The Secretary, after consultation with the Advisory Committee, may offer support to programs that grant degrees or certificates in programs that provide training in disciplines that provide essential support for the industries described in subsection (a)(2), including the disciplines listed in paragraph (4), even if those programs are not purposely designed to provide personnel for the industries described in subsection (a)(2).CommentsClose CommentsPermalink
(4) DISCIPLINES- The disciplines referred to in paragraph (3) are--CommentsClose CommentsPermalink
(A) power transmission and operation;CommentsClose CommentsPermalink
(B) pipeline construction and operation;CommentsClose CommentsPermalink
(C) maintenance and maintenance logistics;CommentsClose CommentsPermalink
(D) construction;CommentsClose CommentsPermalink
(E) manufacturing;CommentsClose CommentsPermalink
(F) transportation and warehousing;CommentsClose CommentsPermalink
(G) technical support activities (including data collection, reduction, and analysis) and laboratory support; andCommentsClose CommentsPermalink
(H) produced water treatment or distribution.CommentsClose CommentsPermalink
(c) Additional Requirements- An institution of higher education that receives funds under this section--CommentsClose CommentsPermalink
(1) shall demonstrate to the Secretary evidence--CommentsClose CommentsPermalink
(A) of an institutional commitment for the purposes of career technical education; andCommentsClose CommentsPermalink
(B) that the institution of higher education has received or will receive industry cooperation in the form of equipment, employee time, or donations of funds to support the activities carried out under this section;CommentsClose CommentsPermalink
(2) shall agree to maintain the programs for which the funding is sought for a period of 10 years beginning on the date on which the institution of higher education receives the funds, unless the Secretary finds that a shorter period of time is appropriate for the local labor market or is required by State authorities; andCommentsClose CommentsPermalink
(3) may combine the funds with State funds, and other Federal funds as allowed by applicable law, to carry out programs described in this section, on the condition that the use of funds received under this section is reported to the Secretary not less than annually.CommentsClose CommentsPermalink
(d) Advice- The Secretary shall seek the advice of the Advisory Committee in determining the criteria used to carry out this section.CommentsClose CommentsPermalink
SEC. 456. USE OF FUNDS BY INSTITUTIONS.
(a) Cost-sharing- The Secretary--CommentsClose CommentsPermalink
(1) shall not require cost-sharing by a non-Federal source for--CommentsClose CommentsPermalink
(A) any research activity that is of a basic or fundamental nature, as determined by the appropriate officer of the Department of the Interior; orCommentsClose CommentsPermalink
(B) any scholarship or fellowship program; andCommentsClose CommentsPermalink
(2) shall require appropriate cost-sharing for research and development activities that are of an applied, demonstration, or commercial nature, as so determined.CommentsClose CommentsPermalink
(b) Prohibited Uses of Funds- No funds made available under this subtitle shall be applied to--CommentsClose CommentsPermalink
(1) the acquisition by purchase or lease of any land or interest in land; orCommentsClose CommentsPermalink
(2) the rental, purchase, construction, preservation, or repair of any building.CommentsClose CommentsPermalink
(c) Maintenance and Upgrading- Funds made available under this subtitle may be used--CommentsClose CommentsPermalink
(1) with the express approval of the Secretary, for proposals to maintain or upgrade existing laboratories, laboratory equipment, or field equipment related to the funded research; andCommentsClose CommentsPermalink
(2) for maintaining and upgrading mines, oil and gas drilling rigs, and other appropriate equipment that are used for undergraduate and graduate training and worker safety training and that are owned by--CommentsClose CommentsPermalink
(A) a recognized program funded under this subtitle; orCommentsClose CommentsPermalink
(B) by the institution of higher education in which the recognized program is located.CommentsClose CommentsPermalink
(d) Officer- Each institution of higher education that receives funds under this subtitle shall have an officer appointed by the governing authority of the institution of higher education who shall--CommentsClose CommentsPermalink
(1) receive and account for all funds paid under this subtitle; andCommentsClose CommentsPermalink
(2) submit to the Secretary, on or before the first day of September of each year, an annual report that includes--CommentsClose CommentsPermalink
(A) a description of work accomplished and the status of projects underway, together with a detailed statement of the amounts received under this subtitle, during the preceding fiscal year; andCommentsClose CommentsPermalink
(B) an accounting of amounts disbursed on schedules prescribed by the Secretary.CommentsClose CommentsPermalink
(e) Public Availability of Information- All uses, products, processes, and other developments resulting from any research, demonstration, or experiment funded in whole or in part under this subtitle shall be made available promptly to the general public, subject to--CommentsClose CommentsPermalink
(1) such exceptions or limitations as the Secretary may determine to be necessary in the interest of national security; andCommentsClose CommentsPermalink
(2) the applicable Federal law governing patents.CommentsClose CommentsPermalink
SEC. 457. ADVISORY COMMITTEE.
(a) Establishment of Advisory Committee-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish an Advisory Committee on Geosciences and Geoengineering Education to advise the Secretary in carrying out this subtitle.CommentsClose CommentsPermalink
(2) MEMBERSHIP-CommentsClose CommentsPermalink
(A) VOTING MEMBERS- The Advisory Committee shall be composed of 19 voting members, including--CommentsClose CommentsPermalink
(i) the Deputy Secretary of the Interior who shall serve as the Chairperson of the Advisory Committee; andCommentsClose CommentsPermalink
(ii) not more than 18 additional individuals, appointed by the Secretary, in consultation with interested parties, who are knowledgeable in the fields of energy, petroleum, geothermal, ground water, mining, and mineral resources research, including--CommentsClose CommentsPermalink
(I) 2 individuals who are university leaders from an institution of higher education with at least 1 recognized program;CommentsClose CommentsPermalink
(II) 1 individual who is a community or technical college administrator;CommentsClose CommentsPermalink
(III) 1 individual who is a Tribal College or University administrator;CommentsClose CommentsPermalink
(IV) 1 individual who is a career technical education educator;CommentsClose CommentsPermalink
(V) 5 individuals who are representatives equally distributed from the energy, mining, and aggregate or ground water industries;CommentsClose CommentsPermalink
(VI) 1 individual who is a working miner;CommentsClose CommentsPermalink
(VII) 1 individual who is a working oilfield worker;CommentsClose CommentsPermalink
(VIII) 1 individual who is a representative of the Interstate Oil and Gas Compact Commission;CommentsClose CommentsPermalink
(IX) 1 individual who is a representative of the Interstate Mining Compact Commission;CommentsClose CommentsPermalink
(X) 1 individual who is a representative of State geologists;CommentsClose CommentsPermalink
(XI) 2 individuals who are representatives of the general public; andCommentsClose CommentsPermalink
(XII) 1 individual who is an administrator of a part B institution (as defined in section 322 of the Higher Education Act of 1965 (
(B) NONVOTING ADVISORS- The Chairperson of the Advisory Committee may have present during meetings individuals who shall serve as nonvoting, technical advisors to the Advisory Committee, such as representatives of Federal agencies with responsibility for--CommentsClose CommentsPermalink
(i) energy, ground water, and minerals resources management;CommentsClose CommentsPermalink
(ii) energy, ground water, and mineral resource investigations;CommentsClose CommentsPermalink
(iii) energy, ground water, and mineral commodity information;CommentsClose CommentsPermalink
(iv) international trade in energy, ground water, and mineral commodities;CommentsClose CommentsPermalink
(v) mining safety regulation and mine safety research; andCommentsClose CommentsPermalink
(vi) research into the development, production, and use of energy, ground water, and mineral commodities.CommentsClose CommentsPermalink
(C) PROHIBITION ON FEDERAL GOVERNMENT EMPLOYMENT- The member of the Advisory Committee appointed under subparagraph (A)(ii) shall not be an employee of the Federal Government.CommentsClose CommentsPermalink
(3) TERM; VACANCIES-CommentsClose CommentsPermalink
(A) TERM- Subject to subparagraph (B), the term of a member the Advisory Committee shall be 3 years.CommentsClose CommentsPermalink
(B) REAPPOINTMENT- A member of the Advisory Committee may be appointed for not more than 2 3-year terms.CommentsClose CommentsPermalink
(C) VACANCIES- A vacancy on the Advisory Committee--CommentsClose CommentsPermalink
(i) shall not affect the powers of the Advisory Committee; andCommentsClose CommentsPermalink
(ii) shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(4) INITIAL MEETING- Not later than 45 days after the date on which all members of the Advisory Committee have been appointed, the Advisory Committee shall hold the initial meeting of the Advisory Committee.CommentsClose CommentsPermalink
(5) MEETINGS- The Advisory Committee shall meet at the call of the Chairperson but not less than once per year.CommentsClose CommentsPermalink
(6) QUORUM- A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold meetings and hearings.CommentsClose CommentsPermalink
(b) Duties- The Advisory Committee--CommentsClose CommentsPermalink
(1) shall advise the Secretary on the development and implementation of programs under this subtitle;CommentsClose CommentsPermalink
(2) shall, following completion of the report required by section 385(c) of the Energy Policy Act of 2005 (
(A) consider the recommendations of the report;CommentsClose CommentsPermalink
(B) formulate and recommend a national plan for using the fiscal resources provided under this subtitle; andCommentsClose CommentsPermalink
(C) submit the plan to the Secretary for approval and use by the Secretary, as determined by the Secretary, in carrying out this subtitle;CommentsClose CommentsPermalink
(3) shall make recommendations to the Secretary regarding the long-term and short-term viability of the faculty at schools with recognized programs; andCommentsClose CommentsPermalink
(4) may recommend the awarding of graduate fellowships and postdoctoral fellowships to those students who declare their intent to seek roles as future faculty at the recognized programs.CommentsClose CommentsPermalink
(c) Information From Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- The Advisory Committee may secure directly from a Federal agency such information as the Advisory Committee considers necessary to carry out this subtitle.CommentsClose CommentsPermalink
(2) PROVISION OF INFORMATION- On request of the Chairperson of the Advisory Committee, the head of the agency shall provide the information to the Advisory Committee.CommentsClose CommentsPermalink
(d) Advisory Committee Personnel Matters-CommentsClose CommentsPermalink
(1) TRAVEL EXPENSES- A member of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Committee.CommentsClose CommentsPermalink
(2) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES-CommentsClose CommentsPermalink
(A) IN GENERAL- An employee of the Federal Government may be detailed to the Advisory Committee without reimbursement.CommentsClose CommentsPermalink
(B) CIVIL SERVICE STATUS- The detail of the employee shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Advisory Committee may procure temporary and intermittent services in accordance with
SEC. 458. OFFICE; REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a separate office to administer, and to promulgate such regulations as are necessary to carry out, this subtitle.CommentsClose CommentsPermalink
SEC. 459. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle $200,000,000 for each of fiscal years 2010 through 2020, to remain available until expended.CommentsClose CommentsPermalink
SEC. 460. STUDY OF AVAILABILITY OF SKILLED WORKERS.
Section 1830 of the Energy Policy Act of 2005 (
‘SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORKERS.
‘(a) In General- The Secretary of the Interior, in cooperation with the Secretary of Labor, shall enter into an arrangement with the National Academies under which the National Academies shall conduct a study of the short-term and long-term availability of skilled workers to meet the energy and mineral security requirements of the United States.CommentsClose CommentsPermalink
‘(b) Inclusions- The study shall include--CommentsClose CommentsPermalink
‘(1) an analysis of the need for and availability of workers for the oil, natural gas, coal, nonfuel mineral, ground water, nuclear, geothermal, solar, wind, and electric utility industries;CommentsClose CommentsPermalink
‘(2) an analysis of the availability of skilled labor at both entry level and more senior levels;CommentsClose CommentsPermalink
‘(3) recommendations for actions needed to meet future labor requirements;CommentsClose CommentsPermalink
‘(4) a description of current and projected education and training programs for those workers at community and technical colleges and universities or through other job-specific training initiatives;CommentsClose CommentsPermalink
‘(5) an analysis of the potential for skilled foreign labor to meet projected sectoral labor requirements;CommentsClose CommentsPermalink
‘(6) an assessment of potential job health and safety impacts, national security, and domestic economic impacts of a long-term workforce shortage or surplus; andCommentsClose CommentsPermalink
‘(7) a description and evaluation of data sources available, Federal data collection and coordination, and potential research initiatives for future decisionmaking relating to workforce issues.CommentsClose CommentsPermalink
‘(c) Report- Not later than December 31, 2012, the Secretary shall submit to Congress a report that describes the results of the study.CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $2,000,000.’.CommentsClose CommentsPermalink
Subtitle F--MiscellaneousCommentsClose CommentsPermalink
Subtitle F--MiscellaneousCommentsClose CommentsPermalink
SEC. 471. OTHER TRANSACTIONS AUTHORITY.
(a) In General- Section 646 of the Department of Energy Organization Act (
‘(g) Authority to Enter Into Other Transactions-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In addition to any other authority granted to the Secretary to enter into procurement contracts, leases, cooperative agreements, grants, and certain arrangements, the Secretary may enter into other transactions with public agencies, private organizations, or other persons on such terms as the Secretary considers appropriate to further functions vested in the Secretary, including research, development, or demonstration projects.CommentsClose CommentsPermalink
‘(2) ADVANCE PROJECTS- Notwithstanding any other provision of law, the Secretary may exercise authority provided under paragraph (1) without regard to
section 3324 of title 31, United States Code .CommentsClose CommentsPermalink‘(3) RELATIONSHIP TO OTHER LAW- The authority of the Secretary under paragraph (1) shall not be subject to--CommentsClose CommentsPermalink
‘(A) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (
42 U.S.C. 5908 ); orCommentsClose CommentsPermalink‘(B) section 152 of the Atomic Energy Act of 1954 (
42 U.S.C. 2182 ).CommentsClose CommentsPermalink‘(4) PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Notwithstanding any other provision of law, disclosure of information described in subparagraph (B) is not required, and may not be compelled, under
section 552 of title 5, United States Code , during the 5-year period beginning on the date on which the information is received by the Department.CommentsClose CommentsPermalink‘(B) AWARD INFORMATION- The information described in this subparagraph is information in the records of the Department that--CommentsClose CommentsPermalink
‘(i) was submitted--CommentsClose CommentsPermalink
‘(I) to the Department as part of a competitive or noncompetitive process with the potential to result in an award to the person submitting the information; andCommentsClose CommentsPermalink
‘(II) in conjunction with a transaction entered into by the Secretary pursuant to paragraph (1); andCommentsClose CommentsPermalink
‘(ii) is--CommentsClose CommentsPermalink
‘(I) a proposal, proposal abstract, and supporting documents;CommentsClose CommentsPermalink
‘(II) a business plan submitted on a confidential basis; orCommentsClose CommentsPermalink
‘(III) technical information submitted on a confidential basis.CommentsClose CommentsPermalink
‘(5) REQUIREMENTS-CommentsClose CommentsPermalink
‘(A) SELECTION PROCEDURES- In entering into transactions under paragraph (1), the Secretary shall use such competitive, merit-based selection procedures as the Secretary determines in writing to be practicable.CommentsClose CommentsPermalink
‘(B) DETERMINATION- Before entering into a transaction under paragraph (1), the Secretary shall determine in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate.CommentsClose CommentsPermalink
‘(C) COST SHARING- A transaction under paragraph (1) shall be subject to cost sharing in accordance with section 988 of the Energy Policy Act of 2005 (
42 U.S.C. 16352 ).CommentsClose CommentsPermalink‘(D) LIMITATION ON DELEGATION- The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate and may not be redelegated to any other person.CommentsClose CommentsPermalink
‘(6) ANNUAL REPORTS- The Secretary shall submit to Congress an annual report on the use by the Department of authorities under this section.CommentsClose CommentsPermalink
‘(7) REPORT-CommentsClose CommentsPermalink
‘(A) DEFINITION OF NONTRADITIONAL GOVERNMENT CONTRACTOR- In this paragraph, the term ‘nontraditional Government contractor’ has the meaning given the term ‘nontraditional defense contractor’ in section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (
Public Law 103-160 ;10 U.S.C. 2371 note).CommentsClose CommentsPermalink‘(B) REPORT- Not later than 2 years after the date of enactment of this subparagraph, and 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report describing--CommentsClose CommentsPermalink
‘(i) the use by the Department of authorities under this section, including the ability to attract nontraditional Government contractors; andCommentsClose CommentsPermalink
‘(ii) whether additional safeguards are necessary to carry out the authorities.’.CommentsClose CommentsPermalink
(b) Implementation-CommentsClose CommentsPermalink
(1) IN GENERAL- The final rule of the Department of Energy entitled ‘Assistance Regulations’ (71 Fed. Reg. 27158 (May 9, 2006)) shall be applicable to transactions under section 646 of the Department of Energy Organization Act (
(2) REGULATIONS- The Secretary may revise, supplement, or replace such regulations as the Secretary determines necessary to implement the amendment made by subsection (a).CommentsClose CommentsPermalink
SEC. 472. DEFINITION OF NATIONAL LABORATORY.
Section 2(3) of the Energy Policy Act of 2005 (
‘(P) SLAC National Accelerator Laboratory.’.CommentsClose CommentsPermalink
SEC. 473. PROTECTION OF RESULTS.
(a) In General- Subject to subsection (b) and notwithstanding any other provision of law, during a period of not more than 5 years after the development of information in any transaction authorized to be entered into by the Department of Energy, the Secretary may provide appropriate protections against the dissemination of the information, including exemption from subchapter II of chapter 5 of title 5, United States Code.CommentsClose CommentsPermalink
(b) Applicable Information- This section applies to information that--CommentsClose CommentsPermalink
(1) results from a transaction entered into by the Secretary pursuant to this title or an amendment made by this title; andCommentsClose CommentsPermalink
(2) is of a character that would be protected from disclosure under
SEC. 474. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.
(a) Definition of Marine and Hydrokinetic Renewable Energy- In this section, the term ‘marine and hydrokinetic renewable energy’ has the meaning given the term in section 632 of the Energy Independence and Security Act of 2007 (
(b) Research and Development Program- Section 633(a) of the Energy Independence and Security Act of 2007 (
(1) in paragraph (13), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(2) in paragraph (14), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(15)(A) apply advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine and hydrokinetic renewable energy;CommentsClose CommentsPermalink
‘(B) transfer the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; andCommentsClose CommentsPermalink
‘(C) develop incentives for industry to comply with the standards.’.CommentsClose CommentsPermalink
(c) Marine-based Energy Device Verification Program-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary shall establish a marine-based energy device verification program to provide a bridge from the marine and hydrokinetic renewable energy capture device design and development efforts underway across the industry to commercial deployment of marine and hydrokinetic renewable energy devices.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the program are to fund, facilitate the development and installation of, and evaluate marine and hydrokinetic renewable energy projects, in partnership with Federally Funded Research and Development Centers, and in conjunction with universities and other institutions of higher education, private business entities, and other appropriate organizations, in order--CommentsClose CommentsPermalink
(A) to increase marine and hydrokinetic renewable energy experience; andCommentsClose CommentsPermalink
(B) to build and operate enough candidate devices to obtain statistically significant operating and maintenance data.CommentsClose CommentsPermalink
(3) OBJECTIVES- The objectives of the program include--CommentsClose CommentsPermalink
(A) verifying the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment;CommentsClose CommentsPermalink
(B) providing States, regulators, utilities, and other stakeholders with a valid opportunity to test and evaluate marine and hydrokinetic renewable energy technology in new areas;CommentsClose CommentsPermalink
(C) documenting and communicating the experience from those projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and others in the marine and hydrokinetic renewable energy development community; andCommentsClose CommentsPermalink
(D) resolving environmental issues through robust characterization, reliable impact prediction, effective monitoring, development and use of adaptive management, and informing engineering design to improve environmental performance.CommentsClose CommentsPermalink
(d) Adaptive Management and Environmental Grant Program-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink
(A) the use of marine and hydrokinetic renewable energy technologies can reduce contributions to global warming;CommentsClose CommentsPermalink
(B) marine and hydrokinetic renewable energy technologies can be produced domestically;CommentsClose CommentsPermalink
(C) marine and hydrokinetic renewable energy is a nascent industry; andCommentsClose CommentsPermalink
(D) the United States must work to promote new renewable energy technologies that reduce contributions to global warming gases and improve domestic energy production.CommentsClose CommentsPermalink
(2) GRANT PROGRAM-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall award grants to eligible entities--CommentsClose CommentsPermalink
(i) to advance the development of marine and hydrokinetic renewable energy;CommentsClose CommentsPermalink
(ii) to help fund the costs of evaluating the environmental effects of marine and hydrokinetic renewables before and during the deployment of demonstration projects;CommentsClose CommentsPermalink
(iii) to help enable the eligible entities--CommentsClose CommentsPermalink
(I) to gather and collect the types of environmental data that are required when working in a public resource (including the waterways and oceans of the United States); andCommentsClose CommentsPermalink
(II) to monitor the impacts of demonstration projects and make the resulting information available for widespread dissemination to aid future projects; andCommentsClose CommentsPermalink
(iv) to help fund the cost of advancing renewable marine and hydrokinetic technologies in ocean and riverine environments from demonstration projects to development and deployment.CommentsClose CommentsPermalink
(B) APPLICATION- To be eligible to receive a grant under this paragraph, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2010 through 2021.CommentsClose CommentsPermalink
TITLE V--ENERGY MARKETSCommentsClose CommentsPermalink
TITLE V--ENERGY MARKETSCommentsClose CommentsPermalink
SEC. 501. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.
(a) In General- Section 205 of the Department of Energy Organization Act (
‘(o) Collection of Information on Critical Energy Supplies-CommentsClose CommentsPermalink
‘(1) IN GENERAL- To ensure transparency of information relating to energy infrastructure and product ownership in the United States and improve the ability to evaluate the energy security of the United States, the Administrator, in consultation with other Federal agencies (as necessary), shall--CommentsClose CommentsPermalink
‘(A) not later than 120 days after the date of enactment of this subsection, develop and provide notice of a plan to collect, in cooperation with the Commodity Futures Trade Commission, information identifying all oil inventories, and other physical oil assets (including all petroleum-based products and the storage of such products in off-shore tankers), that are owned by the 50 largest traders of oil contracts (including derivative contracts), as determined by the Commodity Futures Trade Commission; andCommentsClose CommentsPermalink
‘(B) not later than 90 days after the date on which notice is provided under subparagraph (A), implement the plan described in that subparagraph.CommentsClose CommentsPermalink
‘(2) INFORMATION- The plan required under paragraph (1) shall include a description of the plan of the Administrator for collecting company-specific data, including--CommentsClose CommentsPermalink
‘(A) volumes of product under ownership; andCommentsClose CommentsPermalink
‘(B) storage and transportation capacity (including owned and leased capacity).CommentsClose CommentsPermalink
‘(3) PROTECTION OF PROPRIETARY INFORMATION- Section 12(f) of the Federal Energy Administration Act of 1974 (
15 U.S.C. 771(f) ) shall apply to information collected under this subsection.CommentsClose CommentsPermalink‘(p) Collection of Information on Storage Capacity for Oil and Natural Gas-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 90 days after the date of enactment of this subsection, the Administrator of the Energy Information Administration shall collect information quantifying the commercial storage capacity for oil and natural gas in the United States.CommentsClose CommentsPermalink
‘(2) UPDATES- The Administrator shall update annually the information required under paragraph (1).CommentsClose CommentsPermalink
‘(3) PROTECTION OF PROPRIETARY INFORMATION- Section 12(f) of the Federal Energy Administration Act of 1974 (
15 U.S.C. 771(f) ) shall apply to information collected under this subsection.CommentsClose CommentsPermalink‘(q) Financial Market Analysis Office-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- There shall be within the Energy Information Administration a Financial Market Analysis Office, headed by a director, who shall report directly to the Administrator of the Energy Information Administration.CommentsClose CommentsPermalink
‘(2) DUTIES- The Office shall--CommentsClose CommentsPermalink
‘(A) be responsible for analysis of the financial aspects of energy markets;CommentsClose CommentsPermalink
‘(B) review the reports required by section 503(c) of the American Clean Energy Leadership Act of 2009 in advance of the submission of the reports to Congress; andCommentsClose CommentsPermalink
‘(C) not later than 1 year after the date of enactment of this subsection--CommentsClose CommentsPermalink
‘(i) make recommendations to the Administrator of the Energy Information Administration that identify and quantify any additional resources that are required to improve the ability of the Energy Information Administration to more fully integrate financial market information into the analyses and forecasts of the Energy Information Administration, including the role of energy futures contracts, energy commodity swaps, and derivatives in price formation for oil; andCommentsClose CommentsPermalink
‘(ii) notify the Committee on Energy and Natural Resources, and the Committee on Appropriations, of the Senate and the Committee on Energy and Commerce, and the Committee on Appropriations, of the House of Representatives of the recommendations described in clause (i).CommentsClose CommentsPermalink
‘(3) ANALYSES- The Administrator of the Energy Information Administration shall take analyses by the Office into account in conducting analyses and forecasting of energy prices.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 645 of the Department of Energy Organization Act (
SEC. 502. WORKING GROUP ON ENERGY MARKETS.
(a) Establishment- There is established a Working Group on Energy Markets (referred to in this title as the ‘Working Group’).CommentsClose CommentsPermalink
(b) Composition- The Working Group shall be composed of--CommentsClose CommentsPermalink
(1) the Secretary;CommentsClose CommentsPermalink
(2) the Secretary of the Treasury;CommentsClose CommentsPermalink
(3) the Chairman of the Federal Energy Regulatory Commission;CommentsClose CommentsPermalink
(4) the Chairman of Federal Trade Commission;CommentsClose CommentsPermalink
(5) the Chairman of the Securities and Exchange Commission;CommentsClose CommentsPermalink
(6) the Chairman of the Commodity Futures Trading Commission; andCommentsClose CommentsPermalink
(7) the Administrator of the Energy Information Administration.CommentsClose CommentsPermalink
(c) Chairperson- The Secretary shall serve as the Chairperson of the Working Group.CommentsClose CommentsPermalink
(d) Compensation- A member of the Working Group shall serve without additional compensation for the work of the member of the Working Group.CommentsClose CommentsPermalink
(e) Purpose and Function- The Working Group shall--CommentsClose CommentsPermalink
(1) investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the United States;CommentsClose CommentsPermalink
(2) recommend to the President and Congress laws (including regulations) that may be needed to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices on consumers and the economy of the United States; andCommentsClose CommentsPermalink
(3) review energy security implications of developments in international energy markets.CommentsClose CommentsPermalink
(f) Administration- The Secretary shall provide the Working Group with such administrative and support services as may be necessary for the performance of the functions of the Working Group.CommentsClose CommentsPermalink
(g) Cooperation of Other Agencies- The heads of Executive departments, agencies, and independent instrumentalities shall, to the extent permitted by law, provide the Working Group with such information as the Working Group requires to carry out this section.CommentsClose CommentsPermalink
(h) Consultation- The Working Group shall consult, as appropriate, with representatives of the various exchanges, clearinghouses, self-regulatory bodies, other major market participants, consumers, and the general public.CommentsClose CommentsPermalink
SEC. 503. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.
(a) Study- The Working Group shall conduct a study--CommentsClose CommentsPermalink
(1) to identify the factors that affect the pricing of crude oil and refined petroleum products, including an examination of the effects of market speculation on prices; andCommentsClose CommentsPermalink
(2) to review and assess--CommentsClose CommentsPermalink
(A) existing statutory authorities relating to the oversight and regulation of markets critical to the energy security of the United States; andCommentsClose CommentsPermalink
(B) the need for additional statutory authority for the Federal Government to effectively oversee and regulate markets critical to the energy security of the United States.CommentsClose CommentsPermalink
(b) Elements of Study- The study shall include--CommentsClose CommentsPermalink
(1) an examination of price formation of crude oil and refined petroleum products;CommentsClose CommentsPermalink
(2) an examination of relevant international regulatory regimes; andCommentsClose CommentsPermalink
(3) an examination of the degree to which changes in energy market transparency, liquidity, and structure have influenced or driven abuse, manipulation, excessive speculation, or inefficient price formation.CommentsClose CommentsPermalink
(c) Report and Recommendations- 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 quarterly progress reports during the conduct of the study under this section, and a final report not later than 1 year after the date of enactment of this Act, that--CommentsClose CommentsPermalink
(1) describes the results of the study; andCommentsClose CommentsPermalink
(2) provides options and the recommendations of the Working Group for appropriate Federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and the elimination of excessive speculation, including recommendations on data collection and analysis to be carried out by the Financial Market Analysis Office established by section 205(p) of the Department of Energy Organization Act (
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 504. METADATA FORMATS FOR ENERGY PRICES.
(a) Purpose- The purpose of this section is to improve the ability of retail rate utility customers to compare tariff options by making the most up-to-date electric utility tariffs available in an online format that can be read and manipulated electronically.CommentsClose CommentsPermalink
(b) Tariff Analysis Project Expansion- The Secretary shall expand the Tariff Analysis Project--CommentsClose CommentsPermalink
(1) to ensure that the online database of that project can be periodically updated and expanded, as necessary; andCommentsClose CommentsPermalink
(2) by redesigning the web interface for the Tariff Analysis Project database (including necessary security) to allow individuals and institutions other than the Lawrence Berkeley National Laboratory to enter tariff data.CommentsClose CommentsPermalink
(c) Metadata Formats- The Secretary and the Federal Energy Regulatory Commission shall coordinate to--CommentsClose CommentsPermalink
(1) not later than 14 months after the date of enactment of this Act, develop metadata formats for online publication in consultation with the National Laboratories, the utility industry, large energy consumers, the information technology industry, regulatory commissions, and nongovernmental organizations;CommentsClose CommentsPermalink
(2) after formats are developed, assist States in adopting and implementing the metadata formats for utility reporting of rate data in the jurisdictions of the utilities (including by working with State public utility commissions and other potential early adopters of the standards);CommentsClose CommentsPermalink
(3) develop procedures and supporting software to incorporate tariff data submitted by utilities on a regular basis, convert the tariff data to a metadata format, and compile all available data in a central database based on metadata formats; andCommentsClose CommentsPermalink
(4) develop an online web interface site to make available to the public, at no cost, the metadata formats and all data converted to those formats.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary--CommentsClose CommentsPermalink
(1) to carry out subsection (b) $500,000 for each of fiscal years 2010 and 2011; andCommentsClose CommentsPermalink
(2) to carry out subsection (c) such sums as are necessary for each fiscal year.CommentsClose CommentsPermalink
SEC. 505. EMERGENCY ORDERS UNDER THE FEDERAL POWER ACT.
Section 202 of the Federal Power Act (
‘(h) Emergency Orders-CommentsClose CommentsPermalink
‘(1) DEFINITION OF EMERGENCY- In this subsection, the term ‘emergency’ means a major disturbance in wholesale electric markets regulated by the Commission that--CommentsClose CommentsPermalink
‘(A) substantially disrupts, or threatens to substantially disrupt, the reliability of service to electric consumers; orCommentsClose CommentsPermalink
‘(B) is characterized by sudden and excessive price fluctuations in wholesale electric markets regulated by the Commission.CommentsClose CommentsPermalink
‘(2) ORDERS- In an emergency, the Commission may, either on the motion of the Commission or on complaint, without notice or hearing, require by order the temporary suspension or modification of any rate, term, or condition of service on file with the Commission pursuant to this Act that the Commission determines to be necessary--CommentsClose CommentsPermalink
‘(A) to ensure reliability of service to electric consumers; orCommentsClose CommentsPermalink
‘(B) to protect electric consumers from potential abuse of market power or market manipulation in wholesale electric markets regulated by the Commission.CommentsClose CommentsPermalink
‘(3) EFFECTIVE PERIOD- An order under this subsection may remain in effect for not more than 10 days unless extended under paragraph (4).CommentsClose CommentsPermalink
‘(4) EXTENSION- An order under this subsection may be extended for additional periods of not more than 10 days if the Commission determines that--CommentsClose CommentsPermalink
‘(A) the emergency still exists; andCommentsClose CommentsPermalink
‘(B) the continuation of the order is necessary--CommentsClose CommentsPermalink
‘(i) to ensure reliability of service to electric consumers; orCommentsClose CommentsPermalink
‘(ii) to protect electric consumers from potential abuse of market power or market manipulation in wholesale electric markets regulated by the Commission.CommentsClose CommentsPermalink
‘(5) LIMITATION- In no event shall an order of the Commission under this subsection continue in effect for more than 30 days.CommentsClose CommentsPermalink
‘(6) REVIEW OF ORDERS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- An order under this subsection shall be subject to review as provided in section 313(b).CommentsClose CommentsPermalink
‘(B) STANDARD OF REVIEW- The reviewing court shall not enter a stay, writ of mandamus, or similar relief unless the court finds, after notice and hearing before a panel of the court, that the action of the Commission is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.CommentsClose CommentsPermalink
‘(7) TERMINATION BY PRESIDENT- The President may direct that action taken by the Commission under this subsection shall not continue in effect.’.CommentsClose CommentsPermalink
SEC. 506. CEASE-AND-DESIST AUTHORITY UNDER THE FEDERAL POWER ACT.
Section 222 of the Federal Power Act (
‘(c) Cease-and-desist Orders-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the Commission finds, on a proper showing, after notice and opportunity for a hearing, that any entity is manipulating or attempting to manipulate or has manipulated or attempted to manipulate any market for the sale of electric energy at wholesale in interstate commerce in violation of a rule or regulation prescribed by the Commission under subsection (a), the Commission may enter an order requiring the entity to cease and desist from committing the violation.CommentsClose CommentsPermalink
‘(2) PROPER SHOWING REQUIRED- For purposes of this subsection, a proper showing is made by demonstrating that--CommentsClose CommentsPermalink
‘(A) an entity has violated a rule or regulation under subsection (a); andCommentsClose CommentsPermalink
‘(B) there is a likelihood of future violations in the absence of an order under this subsection.CommentsClose CommentsPermalink
‘(d) Temporary Orders-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If, in any proceeding under subsection (c), the Commission finds that a violation of a rule or regulation prescribed under subsection (a) is likely to result in significant dissipation or conversion of assets, significant harm to electric consumers, or substantial harm to the public interest, the Commission may enter a temporary order requiring the respondent--CommentsClose CommentsPermalink
‘(A) to cease and desist from the violation; andCommentsClose CommentsPermalink
‘(B) to take such action as the Commission determines appropriate pending completion of the proceeding--CommentsClose CommentsPermalink
‘(i) to prevent the violation; andCommentsClose CommentsPermalink
‘(ii) to prevent dissipation or conversion of assets, significant harm to electric consumers, or substantial harm to the public interest.CommentsClose CommentsPermalink
‘(2) NOTICE AND HEARING- A temporary order under this subsection shall be entered only after notice and opportunity for a hearing unless the Commission determines that notice and hearing prior to entry would be impracticable or contrary to the public interest.CommentsClose CommentsPermalink
‘(3) EFFECTIVE DATE- A temporary order shall--CommentsClose CommentsPermalink
‘(A) become effective on the date of service on the respondent; andCommentsClose CommentsPermalink
‘(B) unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, remain effective and enforceable pending the completion of the proceedings.CommentsClose CommentsPermalink
‘(4) COMMISSION REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- At any time after the respondent has been served with a temporary order under this subsection, the respondent may apply to the Commission to have the order set aside, limited, or suspended.CommentsClose CommentsPermalink
‘(B) TEMPORARY ORDERS WITHOUT HEARINGS- If the respondent has been served with a temporary order entered without a prior Commission hearing--CommentsClose CommentsPermalink
‘(i) the respondent may, within 10 days after the date on which the order was served, request a hearing on the application; andCommentsClose CommentsPermalink
‘(ii) the Commission shall hold a hearing and render a decision on the application at the earliest possible time.CommentsClose CommentsPermalink
‘(5) JUDICIAL REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The respondent may apply to an appropriate United States district court for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, within--CommentsClose CommentsPermalink
‘(i) 10 days after the date the respondent was served with a temporary order entered with a prior Commission hearing; orCommentsClose CommentsPermalink
‘(ii) 10 days after the Commission renders a decision on an application and hearing under paragraph (4) with respect to any temporary order entered without a prior Commission hearing.CommentsClose CommentsPermalink
‘(B) JURISDICTION- The United States District Court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, shall have jurisdiction to enter an order under this paragraph.’.CommentsClose CommentsPermalink
SEC. 507. CEASE-AND-DESIST AUTHORITY UNDER THE NATURAL GAS ACT.
Section 4A of the Natural Gas Act (
(1) by striking the section heading and all that follows through ‘It’ and inserting the following:CommentsClose CommentsPermalink
‘SEC. 4A. PROHIBITION ON MARKET MANIPULATION.
‘(a) In General- It’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Cease-and-desist Orders-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the Commission finds, on a proper showing, after notice and opportunity for a hearing, that any entity is manipulating or attempting to manipulate or has manipulated or attempted to manipulate the market for the purchase or sale of natural gas or the purchase or sale of transportation services subject to the jurisdiction of the Commission in violation of a rule or regulation prescribed by the Commission under subsection (a), the Commission may make and enter an order requiring the entity to cease and desist from committing the violation.CommentsClose CommentsPermalink
‘(2) PROPER SHOWING REQUIRED- For purposes of this subsection, a proper showing is made by demonstrating that--CommentsClose CommentsPermalink
‘(A) an entity has violated a rule or regulation under subsection (a); andCommentsClose CommentsPermalink
‘(B) there is a likelihood of future violations in the absence of an order under this subsection.CommentsClose CommentsPermalink
‘(c) Temporary Orders-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If, in any proceeding under subsection (b), the Commission finds that a violation of a rule or regulation prescribed under subsection (a) is likely to result in significant dissipation or conversion of assets, significant harm to natural gas consumers, or substantial harm to the public interest, the Commission may enter a temporary order requiring the respondent--CommentsClose CommentsPermalink
‘(A) to cease and desist from the violation; andCommentsClose CommentsPermalink
‘(B) to take such action as the Commission determines appropriate pending completion of the proceeding--CommentsClose CommentsPermalink
‘(i) to prevent the violation; andCommentsClose CommentsPermalink
‘(ii) to prevent dissipation or conversion of assets, significant harm to natural gas consumers, or substantial harm to the public interest.CommentsClose CommentsPermalink
‘(2) NOTICE AND HEARING- A temporary order under this subsection shall be entered only after notice and opportunity for a hearing unless the Commission determines that notice and hearing prior to entry would be impracticable or contrary to the public interest.CommentsClose CommentsPermalink
‘(3) EFFECTIVE DATE- A temporary order shall--CommentsClose CommentsPermalink
‘(A) become effective on the date of service on the respondent; andCommentsClose CommentsPermalink
‘(B) unless set aside, limited, or suspended by the Commission or a court of competent jurisdiction, remain effective and enforceable pending the completion of the proceedings.CommentsClose CommentsPermalink
‘(4) COMMISSION REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- At any time after the respondent has been served with a temporary order under this subsection, the respondent may apply to the Commission to have the order set aside, limited, or suspended.CommentsClose CommentsPermalink
‘(B) TEMPORARY ORDERS WITHOUT HEARINGS- If the respondent has been served with a temporary order entered without a prior Commission hearing--CommentsClose CommentsPermalink
‘(i) the respondent may, within 10 days after the date on which the order was served, request a hearing on the application; andCommentsClose CommentsPermalink
‘(ii) the Commission shall hold a hearing and render a decision on such application at the earliest possible time.CommentsClose CommentsPermalink
‘(5) JUDICIAL REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The respondent may apply to an appropriate United States district court for an order setting aside, limiting, or suspending the effectiveness or enforcement of the order, within--CommentsClose CommentsPermalink
‘(i) 10 days after the date the respondent was served with a temporary order entered with a prior Commission hearing; orCommentsClose CommentsPermalink
‘(ii) 10 days after the Commission renders a decision on an application and hearing under paragraph (4) with respect to any temporary order entered without a prior Commission hearing.CommentsClose CommentsPermalink
‘(B) JURISDICTION- The United States District Court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, shall have jurisdiction to enter an order under this paragraph.’.CommentsClose CommentsPermalink
SEC. 508. DE NOVO REVIEW OF CIVIL PENALTIES UNDER THE NATURAL GAS ACT.
Section 22(b) of the Natural Gas Act (
TITLE VI--POLICY STUDIES AND REPORTSCommentsClose CommentsPermalink
TITLE VI--POLICY STUDIES AND REPORTSCommentsClose CommentsPermalink
SEC. 601. HELIUM GAS RESOURCE ASSESSMENT.
(a) In General- Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Geological Survey, shall--CommentsClose CommentsPermalink
(1) in coordination with appropriate heads of State geological surveys, complete a comprehensive national helium gas assessment that identifies and quantifies the quantity of helium in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; andCommentsClose CommentsPermalink
(2) 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 describing the results of the assessment.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of the Interior to carry out this section $10,000,000 for the period of fiscal years 2010 through 2012.CommentsClose CommentsPermalink
SEC. 602. POTASH MINERAL RESOURCE ASSESSMENT.
(a) In General- The Secretary of the Interior, acting through the Director of the United States Geological Survey (referred to in this section as the ‘Secretary’), shall, in coordination with appropriate heads of State geological surveys, complete a comprehensive national potash assessment that--CommentsClose CommentsPermalink
(1) identifies and quantifies known potash deposits; andCommentsClose CommentsPermalink
(2) provides a quantitative assessment of the location and size of undiscovered potash deposits throughout the United States using all available public and private information and data sets.CommentsClose CommentsPermalink
(b) Drilling Program- As part of the assessment under this section, the Secretary may carry out a drilling program to supplement the geological data relevant to determining the existence of potash.CommentsClose CommentsPermalink
(c) Review of Methodology- As part of the assessment, the Secretary, in consultation with the National Academies, shall--CommentsClose CommentsPermalink
(1) review the current methodology used to determine measured and indicated reserves of potash on public land; andCommentsClose CommentsPermalink
(2) provide recommendations for updating the methodology using the best available technology.CommentsClose CommentsPermalink
(d) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources, and the Committee on Agriculture, Nutrition, and Forestry, of the Senate and the Committee on Natural Resources, and the Committee on Agriculture, of the House of Representatives a report describing the results of the assessment under this section.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section for each of fiscal years 2010 through 2012.CommentsClose CommentsPermalink
SEC. 603. BETTER ENERGY STRATEGY FOR TOMORROW.
(a) Improved Energy Policy Planning- Section 801 of the Department of Energy Organization Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2), by inserting ‘and’ after the semicolon at the end; andCommentsClose CommentsPermalink
(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(3) ensure the participation and cooperation of all relevant Federal agencies in the preparation of the proposed Plan.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘April 1, 1979, and biennially thereafter,’ and inserting ‘February 1, 2010, and quadrennially thereafter,’;CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘conservation’ and inserting ‘energy efficiency’; andCommentsClose CommentsPermalink
(ii) by inserting ‘reduction or sequestration of greenhouse gas emissions,’ after ‘environmental protection,’;CommentsClose CommentsPermalink
(C) in paragraph (2), by striking ‘conservation’ and inserting ‘efficiency’;CommentsClose CommentsPermalink
(D) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; andCommentsClose CommentsPermalink
(E) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) analyze the policies of the Federal Government (including mandates, subsidies, tariffs, and tax policies) that encourage, or have the potential to encourage--CommentsClose CommentsPermalink
‘(A) energy production in the United States;CommentsClose CommentsPermalink
‘(B) energy efficiency in the United States;CommentsClose CommentsPermalink
‘(C) the reduction, avoidance, or sequestration of greenhouse gases in the United States; orCommentsClose CommentsPermalink
‘(D) the reduction of air pollutants in the environment;’;CommentsClose CommentsPermalink
(3) in subsection (c)(4), by striking ‘conservation practices,’ and inserting ‘energy efficiency practices, to reduce or sequester greenhouse gas emissions, to reduce the quantity of air pollutants in the environment, to promote domestic energy production,’;CommentsClose CommentsPermalink
(4) in subsection (d), by striking ‘insure’ and inserting ‘ensure’; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) National Academy of Sciences- The President, acting through the Secretary, shall enter into appropriate arrangements with the National Academy of Sciences under which the Academy shall--CommentsClose CommentsPermalink
‘(1) prepare reports and analyses that may contribute to the development of the proposed Plan;CommentsClose CommentsPermalink
‘(2) review the proposed Plan; andCommentsClose CommentsPermalink
‘(3) submit to the President and to Congress a report that describes the results of the review of the proposed Plan by the Academy.’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Title VIII of the Department of Energy Organization Act (
‘SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated--CommentsClose CommentsPermalink
‘(1) to the Executive Office of the President, such sums as may be necessary to carry out--CommentsClose CommentsPermalink
‘(A) this title; andCommentsClose CommentsPermalink
‘(B) other activities to provide coordination and integration of national energy and climate policy; andCommentsClose CommentsPermalink
‘(2) to the Secretary, such sums as are necessary to carry out section 801(e).’.CommentsClose CommentsPermalink
(c) Conforming Amendments- The table of contents of the Department of Energy Organization Act (42 U.S.C. prec. 7101) is amended by adding at the end of the items relating to title VIII the following:CommentsClose CommentsPermalink
‘Sec. 803. Authorization of appropriations.’.CommentsClose CommentsPermalink
SEC. 604. ADDRESSING CLIMATE CHANGE IN CHINA AND INDIA.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the United States, the People’s Republic of China, and the Republic of India are some of the world’s largest emitters of greenhouse gases;CommentsClose CommentsPermalink
(2) a global solution to climate change requires action by all 3 countries that is commensurate with their national circumstances and level of economic development;CommentsClose CommentsPermalink
(3) awareness of steps each country is taking to reducing emissions is critical in building confidence in a cooperative approach to climate change; andCommentsClose CommentsPermalink
(4) understanding challenges each country faces in reducing emissions can help identify areas of potential collaboration.CommentsClose CommentsPermalink
(b) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to provide Congress and the American public with a better understanding of the steps China and India are taking to reduce greenhouse gas emissions; andCommentsClose CommentsPermalink
(2) to identify the means by which the United States can assist China and India in achieving such a reduction.CommentsClose CommentsPermalink
(c) Report- The Secretary, working with the interagency task force established under subsection (d), shall prepare an interagency report on climate change and energy policy in the People’s Republic of China and in the Republic of India.CommentsClose CommentsPermalink
(d) Interagency Task Force-CommentsClose CommentsPermalink
(1) COMPOSITION- The Secretary shall establish an interagency task force, which shall consist of--CommentsClose CommentsPermalink
(A) the Secretary;CommentsClose CommentsPermalink
(B) the Secretary of State;CommentsClose CommentsPermalink
(C) the Secretary of Commerce;CommentsClose CommentsPermalink
(D) the Administrator of the Environmental Protection Agency;CommentsClose CommentsPermalink
(E) the Secretary of the Treasury; andCommentsClose CommentsPermalink
(F) the head of any other agency or department who has been selected by the Secretary to participate in the task force.CommentsClose CommentsPermalink
(2) CHAIRPERSON- The Secretary shall serve as chairperson of the interagency task force.CommentsClose CommentsPermalink
(e) Report Contents- In preparing the report under subsection (c), the interagency task force shall evaluate and include in the report, with respect to the People’s Republic of China and the Republic of India--CommentsClose CommentsPermalink
(1) the national or subnational plans, policies, programs, laws, regulations, incentive mechanisms, and other measures that are expected to result in, or have resulted in, reductions in energy use and greenhouse gas emissions, including--CommentsClose CommentsPermalink
(A) a list of such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures;CommentsClose CommentsPermalink
(B) a description of progress made or expected in implementing such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures;CommentsClose CommentsPermalink
(C) estimates of the reductions in energy use and greenhouse gas emissions achieved or expected to be achieved as a result of such plans, policies, programs, laws, regulations, incentive mechanisms, and other measures; andCommentsClose CommentsPermalink
(D) recommended areas in which United States capacity building or other support could assist the People’s Republic of China and the Republic of India to improve implementation or compliance with such plans, policies, programs, laws, regulations, incentive mechanisms, or other measures, including proposals for funding such joint activities;CommentsClose CommentsPermalink
(2) estimates, based on the most recent information available to the interagency task force from reliable public sources, of the quantity and types of energy used and greenhouse gas emissions;CommentsClose CommentsPermalink
(3) a description of the tools, methods, and procedures that are used for collecting and analyzing data regarding energy use and greenhouse gas emissions at the national, provincial, sectoral, and facility level, including--CommentsClose CommentsPermalink
(A) a comparison to the methodologies used by the United States and prevailing international practices;CommentsClose CommentsPermalink
(B) the expected levels of uncertainty regarding the data so collected;CommentsClose CommentsPermalink
(C) the current transparency of such tools, methods, and procedures; andCommentsClose CommentsPermalink
(D) recommended areas in which United States capacity building or other support could assist the People’s Republic of China and the Republic of India to improve such tools, methods, and procedures, increase data transparency, and strengthen the relevant governance framework, including proposals for funding such joint activities;CommentsClose CommentsPermalink
(4) an assessment of the state of knowledge of international, Chinese, and Indian best and current technologies and practices to--CommentsClose CommentsPermalink
(A) improve the efficiency of coal use in electricity generation;CommentsClose CommentsPermalink
(B) reduce the energy use in industrial facilities, buildings, appliances, electronic equipment, and other sectors, as appropriate;CommentsClose CommentsPermalink
(C) capture and store carbon from facilities that utilize fossil fuels for energy production;CommentsClose CommentsPermalink
(D) produce renewable energy, including wind, solar, small hydro, and geothermal energy; andCommentsClose CommentsPermalink
(E) implement more sustainable transport systems and technologies; andCommentsClose CommentsPermalink
(5) the current status of, and opportunities and recommendations for--CommentsClose CommentsPermalink
(A) cooperation on technology transfer, joint research, development, deployment, and clean energy technology trade between the United States, the People’s Republic of China, and the Republic of India; andCommentsClose CommentsPermalink
(B) joint opportunities for the development of intellectual property, including proposals for financing such joint activities.CommentsClose CommentsPermalink
(f) Submission to Congress- Not later than 6 months after the date of enactment of this Act, the Secretary shall submit the report prepared under this section to--CommentsClose CommentsPermalink
(1) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink
(2) the Committee on Commerce, Science, and Transportation of the Senate;CommentsClose CommentsPermalink
(3) the Committee on Environment and Public Works of the Senate;CommentsClose CommentsPermalink
(4) the Committee on Foreign Relations of the Senate;CommentsClose CommentsPermalink
(5) the Committee on Energy and Commerce of the House of Representatives;CommentsClose CommentsPermalink
(6) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink
(7) the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 605. CARBON LEAKAGE MITIGATION STUDY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CAP-AND-TRADE PROGRAM- The term ‘cap-and-trade program’ means an economy-wide program enacted by Congress under which greenhouse gas emission allowances are distributed or auctioned to control those emissions under the Clean Air Act (
(2) CARBON LEAKAGE- The term ‘carbon leakage’ means any substantial increase (as determined by the Secretary) in greenhouse gas emissions--CommentsClose CommentsPermalink
(A) by a manufacturing facility located in a country without a greenhouse gas emission regulation commensurate to a cap-and-trade program; orCommentsClose CommentsPermalink
(B) that is caused by an incremental cost of production increase in the United States as a result of a domestic cap-and-trade program.CommentsClose CommentsPermalink
(3) GREENHOUSE GAS- The term ‘greenhouse gas’ means any gas designated as a greenhouse gas under a cap-and-trade program.CommentsClose CommentsPermalink
(4) OUTPUT- The term ‘output’ means the total tonnage or other standard unit of production (as determined by the Secretary) produced by a manufacturing facility.CommentsClose CommentsPermalink
(b) Industry Productivity and Carbon Leakage Study-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal departments and agencies, shall conduct a study to characterize the relative risk of carbon leakage and changes in output and investment in United States industrial sectors and subsectors caused by a potential cap-and-trade program implemented in the United States, in the absence of commensurate greenhouse gas emission regulations in other countries.CommentsClose CommentsPermalink
(2) INCLUSIONS- To the maximum extent practicable, the study under paragraph (1) shall include an assessment of--CommentsClose CommentsPermalink
(A) the direct and indirect energy intensity and greenhouse gas intensity of United States industries in relation to gross value-added, cost of production, and total shipment values;CommentsClose CommentsPermalink
(B) the price elasticity of United States industries;CommentsClose CommentsPermalink
(C) the trade elasticity of United States industries;CommentsClose CommentsPermalink
(D) the trade intensity (calculated as imports plus exports, relative to domestic consumption) of United States industries;CommentsClose CommentsPermalink
(E) other qualitative indicators of the ability of United States industries to pass on cost increases to consumers, such as--CommentsClose CommentsPermalink
(i) market structure and concentration;CommentsClose CommentsPermalink
(ii) level of product differentiation;CommentsClose CommentsPermalink
(iii) the availability of close substitutes for customers; andCommentsClose CommentsPermalink
(iv) factors that constrain the response of foreign producers to an increase in United States production costs;CommentsClose CommentsPermalink
(F) the overall risk of carbon leakage, expressed in list form by sector and subsector of the United States economy, resulting from a cap-and-trade program;CommentsClose CommentsPermalink
(G) the manner in which the economic impacts of climate change policies compare to changes over time in other factors affecting production and investment by industries, such as currency exchange rates and other factors the Secretary determines to be relevant; andCommentsClose CommentsPermalink
(H) the highest-priority trading partners of the industries at risk of carbon leakage, listed in order of priority.CommentsClose CommentsPermalink
(3) REPORT- On completion of the study under this subsection, the Secretary shall submit to Congress a report describing the results of the study, including recommendations regarding data collection activities and subsequent studies by the Secretary, if any.CommentsClose CommentsPermalink
(c) Study of Measures to Mitigate Carbon Leakage-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, but not earlier than the date of submission to Congress of the report regarding the competitiveness study under subsection (b)(3), the Secretary, in consultation with the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal departments and agencies, shall conduct a study to evaluate the impact of potential measures, such as emission allowance allocation, border tax adjustments, or other measures, to prevent carbon leakage resulting from a cap-and-trade program.CommentsClose CommentsPermalink
(2) INCLUSIONS- The study under paragraph (1) shall include an assessment of--CommentsClose CommentsPermalink
(A) measures used by other jurisdictions to prevent carbon leakage under regional, national, or multinational climate policies;CommentsClose CommentsPermalink
(B)(i) the projected risk of carbon leakage from United States industries under potential prices on greenhouse gas emissions;CommentsClose CommentsPermalink
(ii) the potential for that risk to be mitigated using measures to prevent leakage; andCommentsClose CommentsPermalink
(iii) realistic scenarios for international climate policy; andCommentsClose CommentsPermalink
(C) the consistency of measures with international trade commitments (including principles of the World Trade Organization).CommentsClose CommentsPermalink
(3) REPORT- On completion of the study under this subsection, the Secretary shall submit to Congress a report describing the results of the study, including recommendations of the Secretary, if any.CommentsClose CommentsPermalink
SEC. 606. STUDY OF FOREIGN FUEL SUBSIDIES.
(a) In General- The Secretary in consultation with the Secretary of State and the Secretary of Commerce, shall conduct a study of foreign fuel subsidies, including--CommentsClose CommentsPermalink
(1) the impact of the subsidies on global energy supplies, global energy demand, and global economic impacts; andCommentsClose CommentsPermalink
(2) recommendations on actions that should be taken to reduce the impact of the subsidies.CommentsClose CommentsPermalink
(b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that describes the results of the study conducted under this section, including any recommendations.CommentsClose CommentsPermalink
SEC. 607. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
Section 201(b) of the Energy Policy Act of 2005 (
(1) in paragraph (1), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (4); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) with respect to biomass energy resources, consideration of--CommentsClose CommentsPermalink
‘(A) the quantity of biomass needed for thermal applications, biofuels, and biomass-based electricity;CommentsClose CommentsPermalink
‘(B) the highest efficiency energy use of biomass resources; andCommentsClose CommentsPermalink
‘(C) the requirements and costs associated with deployment of biomass energy resources for each application described in subparagraph (A);CommentsClose CommentsPermalink
‘(3) estimates of the market penetration for each renewable energy resource that could be accomplished by January 1, 2030, by investigating multiple alternative scenarios, including--CommentsClose CommentsPermalink
‘(A) estimates with respect to each renewable energy resource;CommentsClose CommentsPermalink
‘(B) an analysis of the potential of all renewable energy resources; andCommentsClose CommentsPermalink
‘(C) potential impacts associated with the development of each resource and all renewable energy resources in combination; and’.CommentsClose CommentsPermalink
SEC. 608. EFFICIENCY REVIEW OF ELECTRIC GENERATION FACILITIES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) EFFICIENCY- The term ‘efficiency’ means the operating efficiency of an electric generation facility as determined by the average annual heat rate of the facility, measured in British thermal units required to generate a kilowatt-hour of electricity from the facility.CommentsClose CommentsPermalink
(2) ELECTRIC GENERATION FACILITY- The term ‘electric generation facility’ means a coal-fired or natural gas-fired electric generation facility in the United States with a generating capacity that is greater than 50 megawatts.CommentsClose CommentsPermalink
(b) Review-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary, in consultation with relevant stakeholders, shall complete an efficiency review to quantify the efficiencies of, and annual carbon dioxide and other emissions from, electric generation facilities in the United States.CommentsClose CommentsPermalink
(2) ADMINISTRATION- In conducting the review, the Secretary shall--CommentsClose CommentsPermalink
(A) analyze efficiency trends over the 5-year period ending on December 31 of the year preceding the year of enactment of this Act; andCommentsClose CommentsPermalink
(B) to the maximum extent practicable, use existing data and information.CommentsClose CommentsPermalink
(3) CONFIDENTIALITY OF INFORMATION-CommentsClose CommentsPermalink
(A) IN GENERAL- In the case of information obtained under this section, the Secretary (including any other officer, employee, or agent of the Department of Energy) and any other person shall not--CommentsClose CommentsPermalink
(i) use the information for a purpose other than the development or reporting of aggregate data in a manner such that--CommentsClose CommentsPermalink
(I) the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information; andCommentsClose CommentsPermalink
(II) no proprietary information, trade secret, or other confidential information is disclosed; orCommentsClose CommentsPermalink
(ii) disclose the information to the public, unless the information has been transformed into a statistical or aggregate form that does not--CommentsClose CommentsPermalink
(I) allow the identification of the person who supplied particular information; orCommentsClose CommentsPermalink
(II) disclose any proprietary information, trade secret, or other confidential information.CommentsClose CommentsPermalink
(B) PENALTY- Any person that violates subparagraph (A) shall be fined or imprisoned, and removed from office or employment, in accordance with
(c) Report- After providing notice and an opportunity for comment but not later than 120 days after the date of completion of the review under subsection (b), the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce and the Committee on Science and Technology of the House of Representatives a report that--CommentsClose CommentsPermalink
(1) identifies technologies, equipment, and processes that are adequately demonstrated to be commercially deployed and could increase the efficiency of the electric generation facilities reviewed;CommentsClose CommentsPermalink
(2) identifies the technical, economic, regulatory, environmental, and other obstacles to electric generation facilities undertaking the installation or implementation of the technologies, equipment, or processes described in paragraph (1);CommentsClose CommentsPermalink
(3) identifies legislative, administrative, and other actions that could reduce or eliminate the obstacles identified under paragraph (2);CommentsClose CommentsPermalink
(4) calculates the effect on total greenhouse gas and other emissions from electric generation facilities that would result from installation or implementation of the technologies, equipment, and processes identified under paragraph (1), assuming output is held constant for the United States in the aggregate and the obstacles identified under paragraph (2) are reduced or eliminated; andCommentsClose CommentsPermalink
(5) calculates the effect on greenhouse gas and other emissions per megawatt-hour from electric generation facilities that would result from installation or implementation of the technologies, equipment, and processes identified under paragraph (1), assuming the obstacles identified under paragraph (2) are reduced or eliminated.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,000,000 to remain available until expended.CommentsClose CommentsPermalink
SEC. 609. REPORT ON EMISSIONS OF ALTERNATIVE TRANSPORTATION FUELS.
(a) In General- In cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Defense, the Administrator of the Federal Aviation Administration, and the Secretary of Health and Human Services, the Secretary shall--CommentsClose CommentsPermalink
(1) carry out a research and demonstration program to evaluate the emissions from the use of alternative transportation fuels;CommentsClose CommentsPermalink
(2) evaluate the effect of using alternative transportation fuels on land and air engine exhaust emissions; andCommentsClose CommentsPermalink
(3) in accordance with subsection (e), submit to Congress a report on the effect on air quality and public health of using alternative fuels in the transportation sector.CommentsClose CommentsPermalink
(b) Guidance and Technical Support- The Secretary shall issue any guidance or technical support documents necessary to facilitate the effective use of alternative transportation fuels and blends under this section.CommentsClose CommentsPermalink
(c) Facilities- For the purpose of evaluating the emissions of alternative transportation fuels, the Secretary shall engage research centers for alternative fuels in the evaluation and preparation of the report required under subsection (a)(3).CommentsClose CommentsPermalink
(d) Requirements- The program described in subsection (a)(1) shall consider--CommentsClose CommentsPermalink
(1) the use of alternative transportation fuels and blends for heavy-duty and light-duty diesel engines and the aviation sector; andCommentsClose CommentsPermalink
(2) the production costs associated with domestic production of those fuels and prices for consumers.CommentsClose CommentsPermalink
(e) Reports- 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--CommentsClose CommentsPermalink
(1) not later than 180 days after the date of enactment of this Act, an interim report on actions taken to carry out this section; andCommentsClose CommentsPermalink
(2) not later than 1 year after the date of enactment of this Act, a final report on actions taken to carry out this section.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 610. OIL SAVINGS.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the United States imports more foreign oil from the Middle East today than before the attacks on the United States on September 11, 2001;CommentsClose CommentsPermalink
(2) the United States remains the most oil-dependent industrialized nation in the world, consuming approximately 25 percent of the oil supply of the world;CommentsClose CommentsPermalink
(3) the ongoing dependence of the United States on foreign oil is one of the greatest threats to the national security and economy of the United States; andCommentsClose CommentsPermalink
(4) the United States needs to take transformative steps to wean itself from its addiction to foreign oil.CommentsClose CommentsPermalink
(b) Policy on Reducing Oil Dependence- It is the policy of the United States to reduce the dependence of the United States on foreign oil, and thereby--CommentsClose CommentsPermalink
(1) alleviate the strategic dependence of the United States on foreign oil-producing countries;CommentsClose CommentsPermalink
(2) reduce the economic vulnerability of the United States; andCommentsClose CommentsPermalink
(3) reduce the greenhouse gas emissions associated with oil use.CommentsClose CommentsPermalink
(c) Oil Savings Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 270 days after the date of enactment of this Act and every 3 years thereafter, an interagency task force composed of the Secretary of Energy and the head of any other agency that the President determines to be appropriate (referred to in this section as the ‘Interagency Task Force’) shall submit to Congress a report that--CommentsClose CommentsPermalink
(A) describes options for agency action that, when taken together, would save from the baseline determined under paragraph (4)--CommentsClose CommentsPermalink
(i) 2,500,000 barrels of oil per day on average during calendar year 2016;CommentsClose CommentsPermalink
(ii) 7,000,000 barrels of oil per day on average during calendar year 2026; andCommentsClose CommentsPermalink
(iii) 10,000,000 barrels of oil per day on average during calendar year 2030; andCommentsClose CommentsPermalink
(B) analyzes for all Federal agencies--CommentsClose CommentsPermalink
(i) the expected oil savings from the baseline to be accomplished by--CommentsClose CommentsPermalink
(I) chapter 329 of title 49, United States Code (including regulations promulgated to carry out that chapter); andCommentsClose CommentsPermalink
(II) section 211(o) of the Clean Air Act (
(ii) whether the options described in subparagraph (A), taken together with expected oil savings described in clause (i), will achieve the oil savings specified in subparagraph (A).CommentsClose CommentsPermalink
(2) CONTENTS- Each report shall--CommentsClose CommentsPermalink
(A) be consistent with the policy under subsection (b);CommentsClose CommentsPermalink
(B) include only options directly related to reduced oil consumption;CommentsClose CommentsPermalink
(C) include a description of the advantages and disadvantages (including implications for national security) for each option; andCommentsClose CommentsPermalink
(D) not include options that would increase lifecycle greenhouse gas emissions above levels in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
(3) ADDITIONAL LEGISLATIVE AUTHORITY- Each report may include a request to Congress for any additional legislative authority that is necessary to implement any recommendations made in the report.CommentsClose CommentsPermalink
(4) BASELINE- In performing the analyses required for the report, the Interagency Task Force shall--CommentsClose CommentsPermalink
(A) determine oil savings as the projected reduction in oil consumption from the baseline established by the reference case contained in the report of the Energy Information Administration entitled ‘Annual Energy Outlook 2009’;CommentsClose CommentsPermalink
(B) determine the oil savings projections required on an annual basis for each of calendar years 2009 through 2030; andCommentsClose CommentsPermalink
(C) account for any overlap among implementation actions to ensure that the projected oil savings from all the recommendations, taken together, are as accurate as practicable.CommentsClose CommentsPermalink
(d) Annual Report on Oil Savings Measures- Not later than 1 year after the date of initial oil savings report under subsection (c) and annually thereafter, the Secretary of Energy shall submit to Congress a report that estimates the quantity of oil actually saved by the oil savings measures that the Federal Government has implemented during the prior year.CommentsClose CommentsPermalink
(e) Relationship to Other Laws- Nothing in this section affects the authority provided or responsibility delegated under any other law.CommentsClose CommentsPermalink
Calendar No. 110CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1462CommentsClose CommentsPermalink
[Report No. 111-48]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development, and for other purposes.CommentsClose CommentsPermalink
July 16, 2009CommentsClose CommentsPermalink
July 16, 2009CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
Top-Rated Comments
- “This bill is still a energy fiasco. First it mandates energy providers t...” Scottar
- “I Love how they threw this in at the very end... - Increase a federal lo...” Ak_Midnightsun
OC Blog Articles Related To This Bill
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012