S 774 ISCommentsClose CommentsPermalink

To enhance the energy security of the United States by diversifying energy sources for onroad transport, increasing the supply of energy resources, and strengthening energy infrastructure, and for other purposes.CommentsClose CommentsPermalink

April 1, 2009CommentsClose CommentsPermalink

Mr. DORGAN (for himself and Mr. VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To enhance the energy security of the United States by diversifying energy sources for onroad transport, increasing the supply of energy resources, and strengthening energy infrastructure, 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 ‘National Energy Security Act of 2009’ or the ‘NESA 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. Findings.CommentsClose CommentsPermalink





Sec. 3. Definition of Secretary.CommentsClose CommentsPermalink

DIVISION A--TRANSMISSION AND TRANSPORTATION

TITLE I--ELECTRICITY TRANSMISSION

Sec. 101. Siting of interstate electric transmission facilities.CommentsClose CommentsPermalink





Sec. 102. Recovery of costs for smart grid technology and advanced materials.CommentsClose CommentsPermalink

TITLE II--TRANSPORTATION SECTOR

Subtitle A--Electrification of Transportation Sector

Sec. 201. Minimum Federal fleet requirement.CommentsClose CommentsPermalink





Sec. 202. Use of HOV facilities by light-duty plug-in electric drive vehicles.CommentsClose CommentsPermalink





Sec. 203. Recharging infrastructure.CommentsClose CommentsPermalink





Sec. 204. Loan guarantees for advanced battery purchases.CommentsClose CommentsPermalink





Sec. 205. Study of end-of-useful life options for motor vehicle batteries.CommentsClose CommentsPermalink

Subtitle B--Medium- and Heavy-Duty Vehicles

Sec. 211. Maximum weight study.CommentsClose CommentsPermalink





Sec. 212. Fuel economy.CommentsClose CommentsPermalink

Subtitle C--Alternative Transportation Technologies

Sec. 221. Flexible fuel automobiles.CommentsClose CommentsPermalink





Sec. 222. Transportation roadmap study.CommentsClose CommentsPermalink

DIVISION B--DOMESTIC PRODUCTION AND WORKFORCE DEVELOPMENT

TITLE I--INCREASING SUPPLY

Subtitle A--Increasing Production From Domestic Resources

Sec. 300. Amendment of 1986 Code.CommentsClose CommentsPermalink

Part I--Investment in Renewable Energy

Sec. 301. Extension of renewable electricity production credit.CommentsClose CommentsPermalink





Sec. 302. Expansion and extension of new clean renewable energy bonds.CommentsClose CommentsPermalink





Sec. 303. Extension of investment tax credit for certain energy property.CommentsClose CommentsPermalink





Sec. 304. Increase in credit for investment in advanced energy facilities.CommentsClose CommentsPermalink

Part II--Investment in Alternative Fuel Property

Sec. 311. Extension of credits for alcohol fuels.CommentsClose CommentsPermalink





Sec. 312. Extension of credits for biodiesel and renewable diesel.CommentsClose CommentsPermalink

Part III--Investment in Electric Drive and Advanced Vehicles

Sec. 321. Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property.CommentsClose CommentsPermalink





Sec. 322. Extension and expansion of credit for new qualified plug-in electric drive motor vehicles.CommentsClose CommentsPermalink





Sec. 323. Extension of credit for certain plug-in electric vehicles.CommentsClose CommentsPermalink





Sec. 324. Extension of credit for medium and heavy duty hybrid vehicles.CommentsClose CommentsPermalink





Sec. 325. Credit for heavy duty natural gas vehicles.CommentsClose CommentsPermalink

Part IV--Low Carbon Loan Guarantee Program

Sec. 331. Innovative low-carbon loan guarantee program.CommentsClose CommentsPermalink

Part V--Investment in Ethanol

Sec. 341. Research and development of fungible biofuels.CommentsClose CommentsPermalink

Part VI--Studies on Market Penetration of Renewable Resources

Sec. 351. Studies on market penetration of renewable resources.CommentsClose CommentsPermalink

Subtitle B--Increasing Production From Fossil Resources

Part I--Outer Continental Shelf

Sec. 361. Inventory of outer Continental Shelf oil and gas resources.CommentsClose CommentsPermalink





Sec. 362. Leasing of offshore areas estimated to contain commercially recoverable oil or gas resources.CommentsClose CommentsPermalink





Sec. 363. Environmental stewardship and allowable activities.CommentsClose CommentsPermalink





Sec. 364. Moratorium of oil and gas leasing in certain areas of the Gulf of Mexico.CommentsClose CommentsPermalink





Sec. 365. Treatment of revenues.CommentsClose CommentsPermalink

Part II--Other Fossil Resources

Sec. 371. Authorization of activities and exports involving hydrocarbon resources.CommentsClose CommentsPermalink





Sec. 372. Travel in connection with authorized hydrocarbon exploration and extraction activities.CommentsClose CommentsPermalink





Sec. 373. Alaska OCS joint lease and permitting processing office.CommentsClose CommentsPermalink





Sec. 374. Alaska Natural Gas Pipeline.CommentsClose CommentsPermalink

TITLE II--CLEAN ENERGY TECHNOLOGY WORKFORCE DEVELOPMENT

Sec. 401. Clean energy technology workforce.CommentsClose CommentsPermalink

DIVISION C--GLOBAL RISK MANAGEMENT

Sec. 501. Sense of Congress on geopolitical consequences of oil dependence.CommentsClose CommentsPermalink





Sec. 502. Study of foreign fuel subsidies.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1)(A) high and volatile international oil prices represent an unsustainable threat to the economic and national security of the United States; andCommentsClose CommentsPermalink





(B) approximately 40 percent of the primary energy demand of the United States is met by petroleum, the price for which is set in a fungible and opaque international market vulnerable to geopolitical instability and increasingly complex barriers to investment;CommentsClose CommentsPermalink





(2)(A) it should be the goal of the United States to reduce the oil intensity (the number of barrels of oil required to generate $1 of gross domestic product) of the national economy from 2008 levels by at least 50 percent by calendar year 2030 and by at least 80 percent by calendar year 2050; andCommentsClose CommentsPermalink





(B) reduced oil intensity is a primary means for improving the resilience of the economy to high and volatile international oil prices;CommentsClose CommentsPermalink





(3) the transportation sector of the United States is critical to breaking the oil dependence of the United States because the transportation sector--CommentsClose CommentsPermalink





(A) accounts for nearly 70 percent of total national oil consumption;CommentsClose CommentsPermalink





(B) is 97 percent reliant on petroleum for the delivered energy needs of the sector; andCommentsClose CommentsPermalink





(C) remains an industry of vital national significance and importance;CommentsClose CommentsPermalink





(4)(A) electrification of short-haul transportation represents a likely pathway to reduced oil dependence;CommentsClose CommentsPermalink





(B) electrified ground transport--CommentsClose CommentsPermalink





(i) promotes fuel diversity because the electric power sector uses a diverse range of feedstocks; andCommentsClose CommentsPermalink





(ii) relies on a portfolio of fuels that are largely domestic and have prices that are generally less volatile than oil; andCommentsClose CommentsPermalink





(C) electricity prices are generally stable relative to oil because the price of fuel in the electric power sector is a small portion of the cost of delivered energy;CommentsClose CommentsPermalink





(5)(A) electrification of transportation will require a more modern, technologically advanced national electric power system that draws on a variety of location-constrained generation sources sited in a range of geographic areas; andCommentsClose CommentsPermalink





(B) a national transmission system that efficiently delivers power across long distances to load centers should be a high priority;CommentsClose CommentsPermalink





(6)(A) widespread deployment of electric vehicles and supporting infrastructure is a long-term process that will require a national commitment over many years;CommentsClose CommentsPermalink





(B) in the interim, steps can be taken to minimize the danger that oil dependence poses to the economic and national security of the United States; andCommentsClose CommentsPermalink





(C) it is critical to--CommentsClose CommentsPermalink





(i) support the continued growth of the domestic biofuels industry;CommentsClose CommentsPermalink





(ii) foster domestic production of conventional fuels for which infrastructure and technology exist; andCommentsClose CommentsPermalink





(iii) support deployment of additional renewable, cleaner fossil, and nuclear generating capacity for providing the necessary low emissions, reliable, and dispatchable power that is essential for the electricity supply of the United States;CommentsClose CommentsPermalink





(7)(A) a robust, dynamic, and diverse biofuels industry is an important component of a secure United States liquid fuels system; andCommentsClose CommentsPermalink





(B) a stable market for biofuels, including widespread deployment of flexible fuel vehicles, can reduce oil consumption as the United States transitions to electrified ground transport;CommentsClose CommentsPermalink





(8)(A) domestic production of oil and natural gas from the Outer Continental Shelf of the United States is a safe and secure means for increasing energy security in the near-term;CommentsClose CommentsPermalink





(B) high oil import levels in the United States present an added threat to the economy in addition to general price volatility; andCommentsClose CommentsPermalink





(C) in 2008, the United States net deficit in petroleum trade amounted to more than $380,000,000,000, or nearly 60 percent of the total trade deficit;CommentsClose CommentsPermalink





(9) a highly skilled, well trained, and adaptable workforce is vital to the economic and energy security of the United States; andCommentsClose CommentsPermalink





(10)(A) addressing the twin challenges of energy security and global climate change now and in the future will require the United States to use all instruments of national power, including the military and diplomatic and intelligence services;CommentsClose CommentsPermalink





(B) the United States must develop short-term policies and strategies that--CommentsClose CommentsPermalink





(i) protect key energy infrastructure;CommentsClose CommentsPermalink





(ii) secure critical geographic transit areas;CommentsClose CommentsPermalink





(iii) mitigate political instability from energy suppliers; andCommentsClose CommentsPermalink





(iv) strengthen the domestic industrial base required for the development and widespread implementation of clean energy technologies; andCommentsClose CommentsPermalink





(C) over the long-term, the United States must focus national security organizations on gaining greater clarity on world reserves of energy and strengthening relationships with certain key nations.CommentsClose CommentsPermalink

SEC. 3. DEFINITION OF SECRETARY.

In this Act, the term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink

DIVISION A--TRANSMISSION AND TRANSPORTATIONCommentsClose CommentsPermalink

TITLE I--ELECTRICITY TRANSMISSIONCommentsClose CommentsPermalink

SEC. 101. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a) through (g) and inserting the following:CommentsClose CommentsPermalink





‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) BENEFICIARY- The term ‘beneficiary’ means a wholesale or retail customer, market participant, or other entity that benefits from a transmission upgrade, enhancement, or expansion under a regional transmission plan, including an economic benefit, improvement in service reliability, or reduction in greenhouse gas emissions.CommentsClose CommentsPermalink





‘(2) CLEAN ENERGY SUPERHIGHWAY- The term ‘Clean Energy Superhighway’ means the interstate extra-high voltage transmission grid overlay established under this section.CommentsClose CommentsPermalink





‘(3) CLEAN ENERGY SUPERHIGHWAY FACILITY- The term ‘Clean Energy Superhighway facility’ means an overhead or underground transmission facility of the Clean Energy Superhighway included in a plan certified under subsection (b)(9) (including conductors, 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) operates at or above a voltage of 345 kilovolt alternating current;CommentsClose CommentsPermalink





‘(B) operates at or above a voltage of 400 kilovolts direct current;CommentsClose CommentsPermalink





‘(C) is a renewable feeder line that transmits electricity directly or indirectly to the Clean Energy Superhighway; orCommentsClose CommentsPermalink





‘(D) is a necessary upgrade to an existing transmission facility.CommentsClose CommentsPermalink





‘(4) GRID-ENABLED VEHICLE- The term ‘grid-enabled vehicle’ means an electric drive vehicle, electric hybrid vehicle, or fuel cell vehicle that has the ability to communicate electronically with an electric power provider or localized energy storage system to charge or discharge an on-board energy storage device, such as a battery.CommentsClose CommentsPermalink





‘(5) INTERCONNECTION- The term ‘Interconnection’ has the meaning given the term in section 215(a).CommentsClose CommentsPermalink





‘(6) LOAD-SERVING ENTITY- The term ‘load-serving entity’ means any person, Federal, State, or local agency or instrumentality, public utility, or electric cooperative (including an entity described in section 201(f)) that delivers electric energy to end-use customers.CommentsClose CommentsPermalink





‘(7) 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.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





‘(8) RENEWABLE ENERGY- The term ‘renewable energy’ means electric energy generated from--CommentsClose CommentsPermalink





‘(A) solar energy, wind, landfill gas, renewable biogas, or geothermal energy;CommentsClose CommentsPermalink





‘(B) new hydroelectric generation capacity achieved from increased efficiency, or an addition of new capacity, at an existing nonhydroelectric project if--CommentsClose CommentsPermalink





‘(i) the hydroelectric project installed on the nonhydroelectric dam--CommentsClose CommentsPermalink





‘(I) is licensed by the Commission; andCommentsClose CommentsPermalink





‘(II) meets all other applicable environmental, licensing, and regulatory requirements, including applicable fish passage requirements;CommentsClose CommentsPermalink





‘(ii) the nonhydroelectric dam--CommentsClose CommentsPermalink





‘(I) was placed in service before the date of enactment of the National Energy Security Act of 2009;CommentsClose CommentsPermalink





‘(II) was operated for flood control, navigation, or water supply purposes; andCommentsClose CommentsPermalink





‘(III) did not produce hydroelectric power as of the date of enactment of the National Energy Security Act of 2009; 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 Commission;CommentsClose CommentsPermalink





‘(C) hydrokinetic energy, including--CommentsClose CommentsPermalink





‘(i) waves, tides, and currents in oceans, estuaries, and tidal areas;CommentsClose CommentsPermalink





‘(ii) free flowing water in rivers, lakes, and streams;CommentsClose CommentsPermalink





‘(iii) free flowing water in man-made channels, including projects that use nonmechanical structures to accelerate the flow of water for electric power production purposes; orCommentsClose CommentsPermalink





‘(iv) differentials in ocean temperature through ocean thermal energy conversion; orCommentsClose CommentsPermalink





‘(D) electricity that is generated from the combustion of the biogenic portion of municipal solid waste materials from facilities that comply with the maximum pollutant emissions standards established by the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





‘(9) RENEWABLE FEEDER LINE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘renewable feeder line’ means an electricity transmission line that--CommentsClose CommentsPermalink





‘(i) operates at or above 100 kilovolts alternating current;CommentsClose CommentsPermalink





‘(ii) connects 1 or more renewable energy generators directly or indirectly to the Clean Energy Superhighway; andCommentsClose CommentsPermalink





‘(iii) is identified in the Clean Energy Superhighway plan certified under subsection (b)(9).CommentsClose CommentsPermalink





‘(B) INCLUSION- The term ‘renewable feeder line’ includes an upgrade to an existing transmission line necessary for interconnection to a new transmission line described in subparagraph (A).CommentsClose CommentsPermalink





‘(10) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





‘(11) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





‘(A) a State; andCommentsClose CommentsPermalink





‘(B) the District of Columbia.CommentsClose CommentsPermalink





‘(b) Planning-CommentsClose CommentsPermalink





‘(1) PURPOSE- The purpose of this subsection is to plan for a Clean Energy Superhighway that--CommentsClose CommentsPermalink





‘(A) expands and modernizes the electrical transmission grid of the United States to meet the goals of increasing energy security and protecting the environment;CommentsClose CommentsPermalink





‘(B) integrates location-constrained resources, including renewable and low-carbon electricity generation;CommentsClose CommentsPermalink





‘(C) improves delivery of electricity from location-constrained resources to load centers;CommentsClose CommentsPermalink





‘(D) ensures sufficient transmission capacity for future demand growth, including energy efficiency, distributed generation and storage, and demand response resources;CommentsClose CommentsPermalink





‘(E) integrates smart grid technologies;CommentsClose CommentsPermalink





‘(F) enhances the reliability and efficiency of the electrical transmission grid;CommentsClose CommentsPermalink





‘(G) relieves congestion on the electrical transmission grid;CommentsClose CommentsPermalink





‘(H) plans, to the maximum extent practicable, for at least 50 percent of light-duty vehicles used in the United States by calendar year 2030 to be light-duty grid-enabled vehicles;CommentsClose CommentsPermalink





‘(I) meets any renewable electricity standard established by law; andCommentsClose CommentsPermalink





‘(J) provides the lowest-cost delivered energy to markets.CommentsClose CommentsPermalink





‘(2) PLANNING REQUIREMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) REQUIREMENT- Not later than 90 days after the date of enactment of the National Energy Security Act of 2009, the Commission shall promulgate regulations consistent with this section for--CommentsClose CommentsPermalink





‘(I) the operation, composition, and selection of the regional planning authorities; andCommentsClose CommentsPermalink





‘(II) the contents of, and certification requirements for, the regional plans produced by regional planning authorities.CommentsClose CommentsPermalink





‘(ii) REQUIREMENT- The Commission shall certify not less than 1, and not more than 4, regional planning authorities for each of the Eastern and Western Interconnections of the United States.CommentsClose CommentsPermalink





‘(iii) CLEAN ENERGY SUPERHIGHWAY- Each regional planning authority certified by the Commission shall participate in the development of the Clean Energy Superhighway.CommentsClose CommentsPermalink





‘(iv) NUMBER OF REGIONAL PLANNING AUTHORITIES- The Commission shall minimize, to the maximum extent practicable, the number of regional planning authorities in the Eastern and Western Interconnections while ensuring that the entire domestic footprint of the Interconnections is covered.CommentsClose CommentsPermalink





‘(B) CERTIFICATION OF REGIONAL PLANNING AUTHORITIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- To be eligible to be certified as a regional planning authority for a region under this subsection, a regional planning organization shall apply to, and be approved by, the Commission.CommentsClose CommentsPermalink





‘(ii) REQUEST FOR APPLICATIONS- Not later than 90 days after the date of enactment of National Energy Security Act of 2009, the Commission shall issue a request for from entities seeking to be certified as a regional planning authority for the Eastern or Western Interconnection.CommentsClose CommentsPermalink





‘(iii) ELIGIBILITY-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Any group of Regional Transmission Organizations, Independent System Operators, regional entities (as defined in section 215(a)), or other multistate organizations or entities may apply to be certified as a regional planning authority under this subsection.CommentsClose CommentsPermalink





‘(II) STATE PARTICIPATION- An organization that applies for certification under subclause (I) shall invite the Governor or the designee of the Governor from each affected State and a representative from each affected Indian tribe to participate in the organization.CommentsClose CommentsPermalink





‘(III) MINIMUM SIZE- To be certified as a regional planning authority under this subparagraph, an organization shall represent a region that is of sufficient size--CommentsClose CommentsPermalink

‘(aa) to encompass generation resources that are sufficient to meet load requirements in the region, taking into account potential generation from location-constrained resources and projected load growth; andCommentsClose CommentsPermalink

‘(bb) to possess sufficient market scope to produce economic and operational efficiencies.CommentsClose CommentsPermalink

‘(iv) PLANNING PRINCIPLES- The Commission shall establish rules and procedures for the designation of regional planning authorities to ensure that the planning process proposed by an applicant--CommentsClose CommentsPermalink





‘(I) is consistent with the purposes described in paragraph (1);CommentsClose CommentsPermalink





‘(II) is open, transparent, and nondiscriminatory;CommentsClose CommentsPermalink





‘(III) includes consultation with all affected Federal land management agencies, Indian tribes, and States within a region;CommentsClose CommentsPermalink





‘(IV) builds on planning undertaken by States, Indian tribes, Federal transmitting utilities, Regional Transmission Organizations, Independent System Operators, utilities, and others;CommentsClose CommentsPermalink





‘(V) is developed in conformance with Commission requirements for planning using open access transmission tariffs;CommentsClose CommentsPermalink





‘(VI) solicits input from load-serving and wholesale entities, transmission owners and operators, renewable energy developers, environmental organizations, Indian tribes, and other interested parties;CommentsClose CommentsPermalink





‘(VII) includes an interim process to evaluate expeditiously whether new renewable feeder lines should be added to the plan; andCommentsClose CommentsPermalink





‘(VIII) uses the best available information on resources, load, and demand projections.CommentsClose CommentsPermalink





‘(v) CERTIFICATION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Except as provided in subclauses (II) and (III), not later than 90 days after the date on which the Commission issues a request for applications under clause (ii), the Commission shall certify at least 1 regional planning authority for each of the Eastern and Western Interconnections.CommentsClose CommentsPermalink





‘(II) INSUFFICIENT APPLICATION- Subclause (I) shall not apply if the Commission--CommentsClose CommentsPermalink

‘(aa) has not received an application from any entity in the applicable Interconnection; orCommentsClose CommentsPermalink

‘(bb) has received applications from entities that do not satisfy the criteria established by the Commission for a regional planning authority.CommentsClose CommentsPermalink

‘(III) COMMISSION RESPONSIBILITY- If the Commission does not receive sufficient applications as described in subclause (II) for any portion of an Interconnection, the Commission shall--CommentsClose CommentsPermalink

‘(aa) assume the responsibilities of a regional planning authority for the uncovered portion of the Interconnection; andCommentsClose CommentsPermalink

‘(bb) submit to Congress written notification of an intent to assume responsibility under this subclause at least 30 days before the date that responsibility is assumed.CommentsClose CommentsPermalink

‘(C) OVERSIGHT OF REGIONAL PLANNING AUTHORITIES- The Commission shall establish procedures to oversee certified regional planning authorities under this subsection.CommentsClose CommentsPermalink





‘(3) DUTIES OF SECRETARY-CommentsClose CommentsPermalink





‘(A) RESOURCE ASSESSMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall conduct nationwide assessments to identify areas with a significant potential for the development of location-constrained resources.CommentsClose CommentsPermalink





‘(ii) FORMATS- The resource assessments shall be made available to the public in multiple formats, including in a Geographical Information System compatible format.CommentsClose CommentsPermalink





‘(iii) TIMING- The Secretary shall--CommentsClose CommentsPermalink





‘(I) make the initial resource assessment required under this subparagraph not later than 180 days after the date of enactment of the National Energy Security Act of 2009; andCommentsClose CommentsPermalink





‘(II) refine the resource assessment on a regular basis that is consistent with regional planning cycles.CommentsClose CommentsPermalink





‘(B) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance to regional planning authorities, on request, to assist the authorities in carrying out this section.CommentsClose CommentsPermalink





‘(C) CONGESTION STUDIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary shall conduct or update a study of electric transmission congestion and report the results of the study to certified regional planning authorities to assist the authorities in carrying out this section.CommentsClose CommentsPermalink





‘(ii) RECENT STUDY- The Secretary shall ensure that a congestion study that is not more than 2 years old is available at the time regional planning authorities are certified by the Commission.CommentsClose CommentsPermalink





‘(iii) UPDATES- The Secretary shall update a congestion study at least once every 2 years, consistent with the planning cycle.CommentsClose CommentsPermalink





‘(4) PLANNING PROCESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Once certified, a regional planning authority shall establish a regional or Interconnection-wide Clean Energy Superhighway plan that--CommentsClose CommentsPermalink





‘(i) meets the purposes of this subsection; andCommentsClose CommentsPermalink





‘(ii) identifies necessary Clean Energy Superhighway facilities and transmission infrastructure that need to be added or upgraded to achieve the planned Clean Energy Superhighway.CommentsClose CommentsPermalink





‘(B) STAKEHOLDER INVOLVEMENT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In carrying out this section, a regional planning authority shall establish a consultative public process that, to the maximum extent practicable, engages regional stakeholders, including--CommentsClose CommentsPermalink





‘(I) public service commissions and other relevant State agencies;CommentsClose CommentsPermalink





‘(II) load-serving entities and wholesale entities that provide transmission and power supply services;CommentsClose CommentsPermalink





‘(III) representatives of the retail customers of the load-serving entities;CommentsClose CommentsPermalink





‘(IV) transmission owners and operators;CommentsClose CommentsPermalink





‘(V) utilities and merchant generators;CommentsClose CommentsPermalink





‘(VI) renewable energy developers;CommentsClose CommentsPermalink





‘(VII) environmental organizations;CommentsClose CommentsPermalink





‘(VIII) Indian tribes;CommentsClose CommentsPermalink





‘(IX) Federal land use agencies; andCommentsClose CommentsPermalink





‘(X) other interested parties.CommentsClose CommentsPermalink





‘(ii) CRITERIA- A regional planning authority shall encourage stakeholders, to the maximum extent practicable, to provide input to establish criteria based on paragraphs (1) and (2)(B)(iv) to create a Clean Energy Superhighway plan.CommentsClose CommentsPermalink





‘(iii) PUBLIC MEETINGS- A regional planning authority shall provide notice and hold public meetings to solicit public input in carrying out this subsection.CommentsClose CommentsPermalink





‘(5) PLANNING- Not later than 1 year after the certification of a regional planning authority under this subsection, the certified regional planning authority shall submit to the Commission for approval a Clean Energy Superhighway plan that--CommentsClose CommentsPermalink





‘(A) evaluates potential location-constrained resources;CommentsClose CommentsPermalink





‘(B) provides for long-term planning for both the 10 year- and 20 year-horizons, that takes into account future demand growth and reasonable models of future generation growth, including energy efficiency, demand response, and distributed storage and generation;CommentsClose CommentsPermalink





‘(C) establishes (in consultation with Federal and State land agencies, environmental groups, and Indian tribes) appropriate areas to be avoided in siting of Clean Energy Superhighway facilities, to the maximum extent practicable, including--CommentsClose CommentsPermalink





‘(i) national parks, national marine sanctuaries, reserves, recreation areas, and other similar units of the National Park System;CommentsClose CommentsPermalink





‘(ii) designated wilderness, designated wilderness study areas, and other areas managed for wilderness characteristics;CommentsClose CommentsPermalink





‘(iii) national historic sites and historic parks;CommentsClose CommentsPermalink





‘(iv) inventoried roadless areas and significant noninventoried roadless areas within the National Forest System;CommentsClose CommentsPermalink





‘(v) national monuments;CommentsClose CommentsPermalink





‘(vi) national conservation areas;CommentsClose CommentsPermalink





‘(vii) national wildlife refuges and areas of critical environmental concern;CommentsClose CommentsPermalink





‘(viii) national historic and national scenic trails;CommentsClose CommentsPermalink





‘(ix) areas designated as critical habitat;CommentsClose CommentsPermalink





‘(x) national wild, scenic, and recreational rivers;CommentsClose CommentsPermalink





‘(xi) any area in which Federal law prohibits energy development; andCommentsClose CommentsPermalink





‘(xii) any area in which applicable State law or Indian tribal code enacted prior to the date of enactment of the National Energy Security Act of 2009 prohibits transmission development;CommentsClose CommentsPermalink





‘(D) identifies the transmission infrastructure to be included as Clean Energy Superhighway facilities, taking into consideration--CommentsClose CommentsPermalink





‘(i) that, to the maximum extent practicable--CommentsClose CommentsPermalink





‘(I) areas with the potential for the development of location-constrained resources shall be connected to the Clean Energy Superhighway;CommentsClose CommentsPermalink





‘(II) load centers shall be connected to the Clean Energy Superhighway; andCommentsClose CommentsPermalink





‘(III) areas in subparagraph (C) shall be avoided by the Clean Energy Superhighway; andCommentsClose CommentsPermalink





‘(ii) all other relevant factors;CommentsClose CommentsPermalink





‘(E) performs necessary engineering analyses;CommentsClose CommentsPermalink





‘(F) permits persons to propose to the regional planning authority Clean Energy Superhighway facilities to meet the needs identified in the long-term plan of the regional planning authority; andCommentsClose CommentsPermalink





‘(G) considers staging of projects, including the logical order of building and construction timelines.CommentsClose CommentsPermalink





‘(6) ALLOWANCE OF WAIVERS FOR CERTAIN LINES- A regional planning authority may petition the Commission to allow the inclusion of 230 kilovolt lines in an approved plan if the regional planning authority demonstrates to the Commission that unique regional conditions exist that require a lower voltage line.CommentsClose CommentsPermalink





‘(7) MULTIPLE REGIONAL PLANNING AUTHORITIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If more than 1 regional planning authority is certified in an Interconnection, the regional planning authorities in the Interconnection shall ensure that the submitted plan integrates with the other plans in the Interconnection.CommentsClose CommentsPermalink





‘(B) MODIFICATION- The Commission shall modify the plans submitted under paragraph (9)(B), as necessary, to ensure that plans established under this section are integrated.CommentsClose CommentsPermalink





‘(8) COORDINATION- In the development of a Clean Energy Superhighway plan, a regional planning authority shall coordinate, as appropriate, with planning authorities and other interested parties in Canada, Mexico, the Electric Reliability Council of Texas, and other Interconnections.CommentsClose CommentsPermalink





‘(9) NATIONAL PLAN CERTIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall determine whether the plans submitted by the regional planning authorities under this subsection carry out the purposes of this section.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION-CommentsClose CommentsPermalink





‘(i) PUBLIC COMMENT- The Commission shall provide an opportunity for public comment on each plan submitted by a regional planning authority.CommentsClose CommentsPermalink





‘(ii) MODIFICATIONS-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Commission may modify or reject a plan as necessary to achieve the purposes of this section.CommentsClose CommentsPermalink





‘(II) OPINION- If the Commission modifies or rejects a plan, not later than 60 days after the date the plan is submitted by the regional planning authority, the Commission shall provide a written opinion to the regional planning authority that contains the facts and reasons supporting the action of the Commission.CommentsClose CommentsPermalink





‘(iii) RESUBMISSION- Subject to paragraph (10)(A)(iii), if the Commission rejects a plan, the regional planning authority may submit a revised plan within 90 days of the Commission’s rejection.CommentsClose CommentsPermalink





‘(iv) CERTIFICATION- If the Commission determines that a plan meets the purposes of this section, the Commission shall certify the plan for establishing a Clean Energy Superhighway.CommentsClose CommentsPermalink





‘(10) BEST PRACTICES- The Commission shall--CommentsClose CommentsPermalink





‘(A) conduct regular reviews of best practices in planning under this subsection; andCommentsClose CommentsPermalink





‘(B) make available and use those best practices in carrying out this subsection.CommentsClose CommentsPermalink





‘(11) TIMING-CommentsClose CommentsPermalink





‘(A) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 1 year after the date of certification by the Commission, a regional planning authority shall complete the planning process required under this section.CommentsClose CommentsPermalink





‘(ii) WITHHOLDING OF PLANNING FUNDS- If the Commission has not received a plan from a regional planning authority by the date that is 1 year after the date of the certification of the regional planning authority by the Commission, the Commission shall--CommentsClose CommentsPermalink





‘(I) determine the cause for the delay; andCommentsClose CommentsPermalink





‘(II) inform the Secretary, who may withhold future planning funds from the regional planning authority under this subsection, if the Commission determines that the process of the regional planning authority is not sufficiently implementing this subsection.CommentsClose CommentsPermalink





‘(iii) ASSUMPTION OF PLANNING RESPONSIBILITY- If the Commission has not certified the regional plan for a region by the date that is 18 months after the date of the certification of the regional planning authority by the Commission, the Commission shall assume the responsibility for creating a regional plan for the region consistent with the planning process established under paragraph (4).CommentsClose CommentsPermalink





‘(iv) NOTIFICATION- The Commission shall submit to Congress written notification of an intent to assume responsibility under clause (iii) at least 30 days before the date that responsibility is assumed.CommentsClose CommentsPermalink





‘(B) UPDATES- Not later than 2 years after the initial establishment of a plan under this section and every 2 years thereafter, a regional planning authority shall (in accordance with procedures required for the initial establishment of a plan) review and (as necessary) modify the plan established under this section to ensure that the plan promotes the purposes of this section.CommentsClose CommentsPermalink





‘(12) RECOVERY OF COSTS ASSOCIATED WITH INTERCONNECTION-WIDE TRANSMISSION GRID PROJECT PLANNING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A regional planning authority and a participating State shall be permitted to recover prudently incurred costs to carry out the planning activities required under this subsection pursuant to a Federal transmission surcharge that will be established by the Commission for the purposes of carrying out this section.CommentsClose CommentsPermalink





‘(B) SURCHARGE- A regional planning authority shall--CommentsClose CommentsPermalink





‘(i) establish a Federal transmission surcharge based on a formula rate that is submitted to the Commission for approval; andCommentsClose CommentsPermalink





‘(ii) adjust the formula and surcharge on an annual basis.CommentsClose CommentsPermalink





‘(C) COST RESPONSIBILITY- Cost responsibility under each surcharge shall be assigned based on energy usage to all load-serving entities within each regional planning authority.CommentsClose CommentsPermalink





‘(D) LIMITATION- The total amount of surcharges that may be imposed or collected nationally under this paragraph shall not exceed $80,000,000 for any calendar year.CommentsClose CommentsPermalink





‘(E) OTHER FUNDS- Funds made available for transmission planning under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) may be used to carry out this subsection.CommentsClose CommentsPermalink





‘(c) Cost Allocation-CommentsClose CommentsPermalink





‘(1) PURPOSES- The purposes of this subsection are--CommentsClose CommentsPermalink





‘(A) to ensure that the costs of the Clean Energy Superhighway are borne widely by all beneficiaries of new transmission and are not borne disproportionately by ratepayers or generators in specific areas; andCommentsClose CommentsPermalink





‘(B) to promote the national interest in an Clean Energy Superhighway in accordance with the purposes of this part.CommentsClose CommentsPermalink





‘(2) SUBMISSION- Not later than 1 year after the date of the certification of the last regional planning authority, all regional planning authorities within an Interconnection may submit jointly a single integrated Interconnection-wide cost allocation proposal to the Commission for allocating the costs of Clean Energy Superhighway facilities under this section.CommentsClose CommentsPermalink





‘(3) ACTION BY COMMISSION- Not later than 120 days after the date of receipt of a cost-allocation plan submitted under paragraph (2), the Commission shall--CommentsClose CommentsPermalink





‘(A) provide notice and an opportunity for a hearing;CommentsClose CommentsPermalink





‘(B) evaluate the plan; andCommentsClose CommentsPermalink





‘(C)(i) approve the plan if the Commission finds that the plan results in just and reasonable rates that promote the purposes of this section (including this subsection); orCommentsClose CommentsPermalink





‘(ii) reject or modify the plan if the Commission finds that the plan does not result in just and reasonable rates that promote the purposes of this section (including this subsection).CommentsClose CommentsPermalink





‘(4) RESUBMISSION OF PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If the Commission rejects the cost allocation plan under paragraph (3)(C)(ii), the Commission shall give guidance to the regional planning authorities on remediation measures.CommentsClose CommentsPermalink





‘(B) RESUBMISSION- Not later than 90 days after the date of the rejection, the regional planning authorities may submit to the Commission a revised cost allocation plan for the region under this subsection.CommentsClose CommentsPermalink





‘(C) MODIFICATIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 60 days after the date of resubmission of a cost-allocation plan, the Commission shall approve, modify, or reject the plan as necessary to achieve the purposes of this section.CommentsClose CommentsPermalink





‘(ii) OPINION- If the Commission modifies or rejects a plan, not later than 60 days after the date the plan is resubmitted by the regional planning authority, the Commission shall provide a written opinion to the regional planning authority that contains the facts and reasons supporting the action of the Commission.CommentsClose CommentsPermalink





‘(5) COMMISSION ALLOCATION OF COSTS- If the regional planning authorities do not submit an Interconnection-wide cost allocation plan within the time periods specified in paragraphs (2) and (4) or if the Commission does not approve a cost allocation plan submitted by the regional planning authorities for an Interconnection, the Commission shall allocate the costs of new transmission in the region under this section to all of the load-serving entities in the Interconnection on a load-ratio share basis.CommentsClose CommentsPermalink





‘(6) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall adopt such rules, require inclusion of such provisions in transmission tariffs, and take such other actions as are necessary to efficiently--CommentsClose CommentsPermalink





‘(i) collect the costs for development and operation of Clean Energy Superhighway facilities; andCommentsClose CommentsPermalink





‘(ii) distribute the resultant revenues to owners of the facilities.CommentsClose CommentsPermalink





‘(B) TRANSMISSION CUSTOMER- The rules or tariffs may consider each load-serving entity in an Interconnection to be a transmission customer under 1 or more of the tariffs established for collection of the costs for development and operation of Clean Energy Superhighway facilities.CommentsClose CommentsPermalink





‘(d) Siting-CommentsClose CommentsPermalink





‘(1) PURPOSES- The purpose of the integrated siting process provided for in this subsection is to provide an efficient and timely certification process that ensures participation of Federal land management agencies, States, and Indian tribes, and the appropriate protection of resources, in siting applications before the Commission.CommentsClose CommentsPermalink





‘(2) PREFILING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 180 days after the date of enactment of the National Energy Security Act of 2009, the Commission shall promulgate regulations to implement an integrated prefiling process for the preparation of an application for the certification of a Clean Energy Superhighway facility.CommentsClose CommentsPermalink





‘(B) PREAPPLICATION INFORMATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The regulations for the prefiling process shall include the appropriate information required for the Commission to determine if the proposed facility is included in the Clean Energy Superhighway plan certified by the Commission under subsection (b)(9).CommentsClose CommentsPermalink





‘(ii) STEPS- The regulations shall establish a list of steps that shall be completed before submitting an application for a certificate, including the steps required under this subparagraph.CommentsClose CommentsPermalink





‘(iii) NOTICE OF INTENT TO APPLY- The applicant shall submit to the Commission a notice of intent to apply for a Clean Energy Superhighway certificate that includes a preliminary routing plan.CommentsClose CommentsPermalink





‘(iv) DETERMINATION OF INCLUSION IN PLAN- The Commission shall determine whether the proposed facility is included in a Clean Energy Superhighway plan certified under subsection (b)(9).CommentsClose CommentsPermalink





‘(v) NOTIFICATION- The Commission shall provide notice to the public, affected States, Federal land agencies, and Indian tribes of a notice of any intent to apply for a certificate.CommentsClose CommentsPermalink





‘(vi) PREFILING SCHEDULE- The Commission shall establish a prefiling schedule for the applicant, agencies, and Indian tribes.CommentsClose CommentsPermalink





‘(vii) STATE SITING CONSTRAINTS- The applicant shall consider the State siting constraints identified under paragraph (3).CommentsClose CommentsPermalink





‘(viii) CONSULTATION- The applicant shall consult with affected States, Federal land agencies, and Indian tribes in carrying out this subsectionCommentsClose CommentsPermalink





‘(ix) EARLY SCOPING PROCESS- The Commission shall conduct an early scoping process that is consistent with the terms and conditions of section 5.8 of title 18, Code of Federal Regulations (or a successor section), as determined by the Commission.CommentsClose CommentsPermalink





‘(x) CONSOLIDATED RECORD- The Commission shall create and maintain a consolidated record for all decisions made or actions taken by the Commission or by a Federal, State, Indian tribe administrative agency, or officer under this subsection.CommentsClose CommentsPermalink





‘(xi) SITING DISPUTE RESOLUTION BOARD- The Commission shall establish a siting dispute resolution board that is consistent with the terms and conditions of section 5.14 of title 18, Code of Federal Regulations and paragraph (3)(B), as determined by the Commission.CommentsClose CommentsPermalink





‘(C) CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY- An applicant shall comply with the prefiling process established under this paragraph before filing an application for a certificate of public convenience and necessity with the Commission.CommentsClose CommentsPermalink





‘(3) STATE SITING CONSTRAINTS-CommentsClose CommentsPermalink





‘(A) STATE AGENCY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Governor of a State in which a Clean Energy Superhighway facility is proposed pursuant to paragraph (2) shall designate the appropriate State agency to coordinate with the Commission on siting.CommentsClose CommentsPermalink





‘(ii) SITING CONSTRAINTS AND MITIGATION MEASURES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Applicants shall work with affected States in the prefiling process described in paragraph (2).CommentsClose CommentsPermalink





‘(II) DESIGNATED STATE AGENCY- At the conclusion of the prefiling process, the designated State agency may identify and communicate to the applicant and the Commission information on siting constraints and mitigation measures (including habitat protection, environmental considerations, cultural site protection, or other factors) for a Clean Energy Superhighway facility within the State.CommentsClose CommentsPermalink





‘(B) SITING DISPUTE RESOLUTION BOARD-CommentsClose CommentsPermalink





‘(i) IN GENERAL- During the prefiling process for each Clean Energy Superhighway facility application, the Commission shall establish a siting dispute resolution board to ensure appropriate siting within and across the borders of the State.CommentsClose CommentsPermalink





‘(ii) COMPOSITION- The board for a Clean Energy Superhighway facility shall be composed of--CommentsClose CommentsPermalink





‘(I) 1 representative of the Commission, who is not otherwise involved in the applicable proceeding;CommentsClose CommentsPermalink





‘(II) 1 representative of each affected State, as designated by the Governor, and who is not otherwise involved in the proceeding; andCommentsClose CommentsPermalink





‘(III) 1 independent person with expertise in the area, selected by the other 2 panelists from a preestablished list of individuals who have that expertise (as established by the Commission).CommentsClose CommentsPermalink





‘(iii) APPEALS- If the applicant does not agree with the siting constraints and mitigation measures proposed by a State, the applicant may appeal the constraints and measures to the appropriate siting dispute resolution board.CommentsClose CommentsPermalink





‘(iv) DECISION- The board shall--CommentsClose CommentsPermalink





‘(I) make a decision on any appeal made under clause (iii); andCommentsClose CommentsPermalink





‘(II) submit to the Commission a recommendation for final dispute resolution.CommentsClose CommentsPermalink





‘(C) FEDERAL ACTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Commission shall incorporate State siting constraints and mitigation measures in the certificate issued under paragraph (9), unless the Commission finds that any recommendation referred to in subparagraph (A) (based on the recommendation of the applicable sitting dispute resolution board) is inconsistent with the purposes and requirements of this section or other applicable Federal law.CommentsClose CommentsPermalink





‘(ii) FINDINGS- If (after any proceedings of a siting dispute resolution board) the Commission does not adopt in whole or in part a recommendation of the State agency, the Commission shall publish (together with a description of the basis for each finding)--CommentsClose CommentsPermalink





‘(I) a finding that adoption of the recommendation of the siting dispute resolution board is inconsistent with the purposes and requirements of this section or with other applicable provisions of Federal law; orCommentsClose CommentsPermalink





‘(II) a finding that adopts the recommendations of the siting dispute resolution board conditions selected by the Commission comply with the State siting constraints and mitigation measures described in subparagraph (A).CommentsClose CommentsPermalink





‘(4) FEDERAL AUTHORITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as otherwise provided in this subsection, the Commission shall have exclusive jurisdiction over the granting of a certificate for the siting of a Clean Energy Superhighway facility.CommentsClose CommentsPermalink





‘(B) RIGHTS OF WAY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary of the Interior shall provide a route for a Clean Energy Superhighway facility on public land in accordance with the terms and conditions of agency land use plans.CommentsClose CommentsPermalink





‘(ii) INDIAN LAND- In carrying out this subparagraph, the Secretary of the Interior shall use the process established under the terms and conditions of section 2604 of the Energy Policy Act of 1992 (25 U.S.C. 3504) and the Act of February 5, 1948 (25 U.S.C. 323 et seq.) (including applicable regulations) to establish a right-of-way for a Clean Energy Superhighway on Indian land, as determined by the Secretary of the Interior.CommentsClose CommentsPermalink





‘(iii) CONNECTION OF INDIVIDUAL LINES- The Commission shall work with the Secretary of the Interior to ensure that the routing of an individual line across public and private land is appropriately connected.CommentsClose CommentsPermalink





‘(5) SCHEDULE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall establish a schedule for all Federal authorizations under this subsection.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- In establishing the schedule, the Commission shall--CommentsClose CommentsPermalink





‘(i) ensure expeditious completion of all such proceedings; andCommentsClose CommentsPermalink





‘(ii) comply with applicable schedules established by Federal law.CommentsClose CommentsPermalink





‘(6) EXISTING CORRIDORS- A route for a Clean Energy Superhighway facility shall, to the maximum extent practicable, use existing corridors, including multiuse and highway corridors.CommentsClose CommentsPermalink





‘(7) ENVIRONMENTAL PROTECTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as otherwise specifically provided in this section, nothing in this section affects any requirements of an environmental law of the United States, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





‘(B) ENVIRONMENTAL REVIEW OF INDIVIDUAL LINES- In the case of a Clean Energy Superhighway facility, the Commission shall--CommentsClose CommentsPermalink





‘(i) serve as lead agency for the purposes of coordinating the environmental review that is required by law between all relevant Federal agencies;CommentsClose CommentsPermalink





‘(ii) in consultation with the affected Federal and State agencies and Indian tribes, prepare a single environmental review document as required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink





‘(iii) in the case of a line that traverses Federal land, take any action that is required under the terms and conditions of applicable land use plans.CommentsClose CommentsPermalink





‘(C) DEADLINE- The environmental reviews described in subparagraph (B) shall be completed not later than 1 year after date of application for a certificate.CommentsClose CommentsPermalink





‘(D) MEMORANDUM OF UNDERSTANDING- Not later than 1 year after the date of enactment of the National Energy Security Act of 2009, the Commission shall enter into a memorandum of understanding with all applicable Federal land agencies to create a streamlined and consolidated environmental review process to carry out this section.CommentsClose CommentsPermalink





‘(8) CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- No individual or entity (including States and entities described in subsection (f)) shall construct, acquire, or operate any Clean Energy Superhighway facility, or modify a Clean Energy Superhighway facility for which a certificate was previously issued under this subsection, unless there is in force with respect to the individual or entity a certificate of public convenience and necessity issued by the Commission authorizing such acts or operation.CommentsClose CommentsPermalink





‘(B) APPLICATION FOR CERTIFICATE- Any individual or entity that seeks to operate, construct, acquire, or modify any Clean Energy Superhighway facility shall--CommentsClose CommentsPermalink





‘(i) complete the prefiling process under paragraph (2);CommentsClose CommentsPermalink





‘(ii) submit to the Commission a written application in such form and containing such information as the Commission may by regulation require; andCommentsClose CommentsPermalink





‘(iii) provide notice of and opportunity for hearing on the application to interested parties in such manner as the Commission shall by regulation require.CommentsClose CommentsPermalink





‘(C) HEARING- On receipt of an application under this paragraph, the Commission--CommentsClose CommentsPermalink





‘(i) shall--CommentsClose CommentsPermalink





‘(I) provide notice and opportunity to interested persons; andCommentsClose CommentsPermalink





‘(II) include any applicable conditions; andCommentsClose CommentsPermalink





‘(ii) may approve or disapprove the application, in accordance with paragraph (9).CommentsClose CommentsPermalink





‘(9) GRANT OF CERTIFICATE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A certificate shall be issued to a qualified applicant for the 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 facility is included in the Clean Energy Superhighway plan certified by the Commission;CommentsClose CommentsPermalink





‘(ii) 1 or more applicants are able and willing--CommentsClose CommentsPermalink





‘(I) to carry out the acts and perform the service proposed; andCommentsClose CommentsPermalink





‘(II) to comply with this Act (including regulations); andCommentsClose CommentsPermalink





‘(iii) 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, including (as may be required by applicable law) land use plans or applicable rights-of-way.CommentsClose CommentsPermalink





‘(C) EVALUATION OF ABILITIES OF APPLICANT-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In evaluating the ability of 1 or more applicants described in subparagraph (A)(ii), the Commission shall consider whether the financial and technical capabilities of the applicant are adequate to support construction and operation of the project proposed in the application.CommentsClose CommentsPermalink





‘(ii) JOINT OWNERSHIP PROJECTS- In evaluating applications that feature joint ownership projects by multiple load-serving or wholesale entities, the Commission shall consider benefits from the greater diversification of financial risk inherent in the applications.CommentsClose CommentsPermalink





‘(D) PUBLIC CONVENIENCE AND NECESSITY- In making a determination with respect to public convenience and necessity described in subparagraph (A)(iii), the Commission shall presume that there is a public need for a proposed project that is included in the Clean Energy Superhighway plan developed pursuant to this section or that constitutes all of or a portion of a renewable feeder line.CommentsClose CommentsPermalink





‘(10) RIGHT OF EMINENT DOMAIN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If any holder of a certificate issued under paragraph (9) cannot acquire by contract, or is unable to agree with the owner of property on the compensation to be paid for, the right-of-way to construct, operate, and maintain the project to which the certificate relates, and the necessary land or other property necessary to the proper operation of the project, the holder may acquire the right-of-way by the exercise of the right of eminent domain through a proceeding in--CommentsClose CommentsPermalink





‘(i) the United States district court for the district in which the property is located; orCommentsClose CommentsPermalink





‘(ii) a State court, to the extent permitted under State law.CommentsClose CommentsPermalink





‘(B) PRACTICE AND PROCEDURE- The practice and procedure for any action or proceeding described in subparagraph (A) in a United States district court shall conform, to the maximum extent practicable, to the practice and procedure for similar actions or proceedings in the courts of the State in which the property is located.’;CommentsClose CommentsPermalink





(2) by striking subsections (i), (j), and (k);CommentsClose CommentsPermalink





(3) by redesignating subsection (h) as subsection (e);CommentsClose CommentsPermalink





(4) in subsection (e) (as redesignated by paragraph (3))--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking ‘Department of Energy’ and inserting ‘Federal Energy Regulatory Commission (referred to in this subsection as the ‘Commission’)’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘Secretary’ and inserting ‘Commission’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Applicability- This section does not apply to the State of Alaska or Hawaii or to the Electric Reliability Council of Texas, unless the State or the Council voluntarily elects to be covered by this section.CommentsClose CommentsPermalink





‘(g) Authorization of Appropriations- There are authorized to be appropriated such sums are necessary to carry out this section.’.CommentsClose CommentsPermalink

SEC. 102. RECOVERY OF COSTS FOR SMART GRID TECHNOLOGY AND ADVANCED MATERIALS.

Section 219(b)(4) of the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) all prudently incurred costs relating to the deployment of smart grid technology for transmission infrastructure (within the meaning of title XIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 et seq.)); andCommentsClose CommentsPermalink





‘(D) all prudently incurred costs relating to the use of advanced materials for the construction of technology transmission facilities if the advanced materials are at least 25 percent more efficient than standard transmission materials.’.CommentsClose CommentsPermalink

TITLE II--TRANSPORTATION SECTORCommentsClose CommentsPermalink

Subtitle A--Electrification of Transportation SectorCommentsClose CommentsPermalink

SEC. 201. MINIMUM FEDERAL FLEET REQUIREMENT.

Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) PLUG-IN ELECTRIC DRIVE VEHICLES- Of the total number of vehicles acquired by a Federal fleet under paragraph (1), at least the following percentage of the vehicles shall be plug-in electric drive vehicles (as defined in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a))):CommentsClose CommentsPermalink





‘(A) 10 percent for fiscal year 2012.CommentsClose CommentsPermalink





‘(B) The applicable percentage for the preceding fiscal year increased by 5 percentage points (but not to exceed a total of 50 percent) for fiscal year 2013 and each subsequent fiscal year.’; andCommentsClose CommentsPermalink





(C) in paragraph (3) (as redesignated by subparagraph (A)), by inserting ‘or (2)’ after ‘paragraph (1)’; andCommentsClose CommentsPermalink





(2) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Allocation of Incremental Costs- Subject to the availability of funds appropriated to carry out this subsection (to remain available until expended), the General Services Administration shall pay the incremental cost of alternative fueled vehicles over the cost of comparable gasoline vehicles for vehicles that the Administration purchased for the use of the Administration or on behalf of other agencies, in a total amount of not to exceed $300,000,000 for any of fiscal years 2012 through 2016.’;CommentsClose CommentsPermalink





(3) in subsection (f), by adding at the end the following:CommentsClose CommentsPermalink





‘(4) COMPLIANCE- Compliance with this subsection shall not relieve the Federal agency of the obligations of the agency under subsection (b).’; andCommentsClose CommentsPermalink





(4) in subsection (g), by striking ‘fiscal years 1993 through 1998’ and inserting ‘each fiscal year’.CommentsClose CommentsPermalink

SEC. 202. USE OF HOV FACILITIES BY LIGHT-DUTY PLUG-IN ELECTRIC DRIVE VEHICLES.

Section 166(b)(5) of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘Before’ and inserting ‘Except as provided in subparagraph (D), before’;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘Before’ and inserting ‘Except as provided in subparagraph (D), before’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) USE BY PLUG-IN ELECTRIC DRIVE VEHICLES-CommentsClose CommentsPermalink





‘(i) DEFINITION OF PLUG-IN ELECTRIC DRIVE VEHICLE- In this subparagraph, the term ‘plug-in electric drive vehicle’ has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a)).CommentsClose CommentsPermalink





‘(ii) USE OF HOV FACILITIES- A State agency--CommentsClose CommentsPermalink





‘(I) shall permit vehicles that are certified as low emission and energy-efficient vehicles in accordance with subsection (e) that are light-duty plug-in electric drive vehicles, and that are purchased on or before December 31 of the calendar year described in clause (iii), as determined by the Secretary, to use HOV facilities in the State; andCommentsClose CommentsPermalink





‘(II) shall not impose any toll or other charge on such a vehicle for use of a HOV facility in the State.CommentsClose CommentsPermalink





‘(iii) CALENDAR YEAR- The calendar year referred to in clause (ii)(I) is the calendar year during which, as determined by the Secretary, the aggregate number of plug-in electric drive vehicles sold in the United States during all calendar years exceeds 2,000,000.CommentsClose CommentsPermalink





‘(iv) PETITION- A State may petition the Secretary to limit or discontinue the use of a HOV facility by plug-in electric drive vehicles if the State demonstrates to the Secretary that the presence of the plug-in electric drive vehicles has degraded the operation of the HOV facility.’.CommentsClose CommentsPermalink

SEC. 203. RECHARGING INFRASTRUCTURE.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) LOCAL GOVERNMENT- The term ‘local government’ has the meaning given the term in section 3371 of title 5, United States Code.CommentsClose CommentsPermalink





(2) PLUG-IN ELECTRIC DRIVE VEHICLE- The term ‘plug-in electric drive vehicle’ has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011(a)).CommentsClose CommentsPermalink





(3) RANGE EXTENSION INFRASTRUCTURE- The term ‘range extension infrastructure’ includes equipment, products, or services for recharging plug-in electric drive vehicles that--CommentsClose CommentsPermalink





(A) are available to retail consumers of electric drive vehicles on a non-discriminatory basis;CommentsClose CommentsPermalink





(B) provide for extending driving range through battery exchange or rapid recharging; andCommentsClose CommentsPermalink





(C) are comparable in convenience and price to petroleum-based refueling services.CommentsClose CommentsPermalink





(b) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall conduct a study of--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 to reliably recharge the electric drive vehicles;CommentsClose CommentsPermalink





(B) minimum technical standards for public recharging facilities in coordination with the National Institute of Standards and Technology; andCommentsClose CommentsPermalink





(C) the concurrent technical and infrastructure investments that electric utilities and electricity providers will be required to make to support widespread deployment of recharging infrastructure and the estimated costs of the investments.CommentsClose CommentsPermalink





(2) COMPONENTS- In conducting the study required under this subsection, the Secretary shall analyze--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 national fleet basis; andCommentsClose CommentsPermalink





(iii) the potential impact of fast charging on penetration rates and utility power management requirements;CommentsClose CommentsPermalink





(B) whether use of parking spots with access to recharging facilities should be limited to plug-in electric drive vehicles;CommentsClose CommentsPermalink





(C) whether model building codes should be amended to cover recharging facilities; andCommentsClose CommentsPermalink





(D) such other issues as the Secretary considers appropriate.CommentsClose CommentsPermalink





(3) 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 this subsection, including any recommendations.CommentsClose CommentsPermalink





(c) Grants and Loans to State and Local Governments for Recharging Infrastructure-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective beginning October 1, 2010, the Secretary shall establish a program under which the Secretary shall provide grants and loans to local governments to assist in the installation of recharging facilities for electric drive vehicles in areas under the jurisdiction of the local governments. The Secretary shall provide funding under this section to State or local governments to pay not more than fifty percent of the recharging infrastructure cost.CommentsClose CommentsPermalink





(2) ELIGIBILITY- To be eligible to obtain a grant or loan under this subsection, a local government shall--CommentsClose CommentsPermalink





(A) demonstrate to the Secretary that the applicant has taken into consideration the findings of the report submitted under subsection (b)(3), unless the 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





(B) 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





(3) GUIDELINES- The Secretary shall establish guidelines for carrying out this subsection that are consistent with the report submitted under subsection (b)(3).CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this subsection a total of $250,000,000 for grants and a total of $250,000,000 for loans, to remain available until expended.CommentsClose CommentsPermalink

SEC. 204. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

Subtitle B of title I of the Energy and Independence and Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY PURCHASES.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) PLUG-IN ELECTRIC DRIVE VEHICLE- The term ‘plug-in electric drive vehicle’ has the meaning given the term in section 131(a).CommentsClose CommentsPermalink





‘(2) RANGE EXTENSION INFRASTRUCTURE- The term ‘range extension infrastructure’ includes equipment, products, or services for recharging plug-in electric drive vehicles that--CommentsClose CommentsPermalink





‘(A) are available to retail consumers of electric drive vehicles on a nondiscriminatory basis;CommentsClose CommentsPermalink





‘(B) provide for extended driving range through battery exchange or rapid recharging; andCommentsClose CommentsPermalink





‘(C) are comparable in convenience and price to petroleum-based refueling services.CommentsClose CommentsPermalink





‘(b) Loan Guarantees- The Secretary shall guarantee loans made to eligible entities for the aggregate purchase by an eligible entity of not less than 5,000 batteries that use advanced battery technology within a calendar year.CommentsClose CommentsPermalink





‘(c) Eligible Entities- To be eligible to obtain a loan guarantee under this section, an entity shall be--CommentsClose CommentsPermalink





‘(1) an original equipment manufacturer;CommentsClose CommentsPermalink





‘(2) a vehicle manufacturer;CommentsClose CommentsPermalink





‘(3) an electric utility;CommentsClose CommentsPermalink





‘(4) any provider of range extension infrastructure; orCommentsClose CommentsPermalink





‘(5) any other qualified entity, as determined by the Secretary.CommentsClose CommentsPermalink





‘(d) Regulations- The Secretary shall promulgate such regulations as are necessary to carry out this section.CommentsClose CommentsPermalink





‘(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.’.CommentsClose CommentsPermalink

SEC. 205. 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 and Independence and Security Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall conduct a study on the end-of-useful life options for motor vehicle batteries, including recommendations for stationary storage applications and recyclability design specifications.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 on the results of the study conducted under subsection (a), including any recommendations.CommentsClose CommentsPermalink

Subtitle B--Medium- and Heavy-Duty VehiclesCommentsClose CommentsPermalink

SEC. 211. MAXIMUM WEIGHT STUDY.

(a) In General- The Secretary of Transportation, in consultation with the Administrator of the National Highway Traffic Safety Administration, shall conduct a study to investigate whether oil savings goals can be achieved in the trucking industry without adverse safety consequences by determining the safety impacts and other effects of increasing the maximum allowable gross weight for vehicles using the Interstate System to allow for larger, more fuel-efficient tractor-trailers.CommentsClose CommentsPermalink





(b) Study Components- In conducting the study under this section, the Secretary of Transportation shall--CommentsClose CommentsPermalink





(1) determine whether a vehicle with a supplementary sixth axle and a gross weight of up to 97,000 pounds that is traveling at 60 miles per hour is capable of stopping at a distance of 355 feet or less;CommentsClose CommentsPermalink





(2) determine whether the use of the Interstate System by vehicles described in paragraph (1) would require a fundamental alteration of the vehicle architecture that is commonly used for the transportation of goods as of the day before the date of the enactment of this Act;CommentsClose CommentsPermalink





(3) analyze the safety impacts of allowing vehicles described in paragraph (1) to use the Interstate System; andCommentsClose CommentsPermalink





(4) consider the potential impact on highway safety of applying lower speed limits on such vehicles than the speed limits in effect on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to Congress that contains the results of the study conducted under this section, including a determination by the Secretary as to whether permitting vehicles with a supplementary sixth axle and a gross weight of not more than 97,000 pounds to use the Interstate System would have an adverse impact on highway safety.CommentsClose CommentsPermalink





(d) Definition- In this section, the term ‘Interstate System’ has the meaning given that term in section 101(a) of title 23, United States Code.CommentsClose CommentsPermalink

SEC. 212. FUEL ECONOMY.

Section 32912(e)(1) of title 49, United States Code, is amended by inserting ‘provide equipment and facilities for the program established under section 32902(k), and to’ after ‘shall be used by the Secretary to’.CommentsClose CommentsPermalink

Subtitle C--Alternative Transportation TechnologiesCommentsClose CommentsPermalink

SEC. 221. FLEXIBLE FUEL AUTOMOBILES.

(a) In General- Chapter 329 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 32901(a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (10) through (19) as paragraphs (11) through (20), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (9) the following:CommentsClose CommentsPermalink





‘(10) ‘flexible fuel automobile’ means an automobile that has been warranted by the manufacturer of the automobile to operate on gasoline and fuel mixtures containing 15 percent gasoline and 85 percent ethanol or methanol.’; andCommentsClose CommentsPermalink





(2) by inserting after section 32902 the following:CommentsClose CommentsPermalink

‘Sec. 32902A. Requirement to manufacture flexible fuel automobiles

‘(a) In General- For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles manufactured by the manufacturer for sale in the United States that are flexible fuel automobiles is not less than the percentage set forth for that model year in the following table:CommentsClose CommentsPermalink

‘Model YearCommentsClose CommentsPermalink

Model year 2012CommentsClose CommentsPermalink

-- 50 percentCommentsClose CommentsPermalink

Model year 2013CommentsClose CommentsPermalink

-- 60 percentCommentsClose CommentsPermalink

Model year 2014CommentsClose CommentsPermalink

--70 percentCommentsClose CommentsPermalink

Model year 2015CommentsClose CommentsPermalink

--80 percentCommentsClose CommentsPermalink

Model year 2016CommentsClose CommentsPermalink

--90 percentCommentsClose CommentsPermalink

Model year 2017CommentsClose CommentsPermalink

--100 percent.CommentsClose CommentsPermalink

‘(b) Automobiles Excluded- The requirement under subsection (a) shall not apply to any automobile that operates on diesel, natural gas, hydrogen, or electricity.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following:CommentsClose CommentsPermalink





‘32902A. Requirement to manufacture flexible fuel automobiles.’.CommentsClose CommentsPermalink





(c) Rulemaking- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out section 32902A of title 49, United States Code, as added by subsection (a).CommentsClose CommentsPermalink

SEC. 222. 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 by automobiles; andCommentsClose CommentsPermalink





(2) use the analysis to conduct an integrated assessment of the technological options that could lead to reduced petroleum consumption and greenhouse gas emissions.CommentsClose CommentsPermalink





(b) Components- The study required under this section shall--CommentsClose CommentsPermalink





(1) assess the status of technology options, including--CommentsClose CommentsPermalink





(A) prospects of future fuels and pathways;CommentsClose CommentsPermalink





(B) the infrastructure and other barriers for increased market penetration;CommentsClose CommentsPermalink





(C) potential timing of market adoption;CommentsClose CommentsPermalink





(D) potential reductions of petroleum consumption and greenhouse gas emissions; andCommentsClose CommentsPermalink





(E) improvements in and priorities for Federal research and development program activities;CommentsClose CommentsPermalink





(2) consider issues relating to duty cycles, regional distinctions, and technological 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 to meet national goals.CommentsClose CommentsPermalink





(c) Report- Not later than 21 months after funds are first made available to carry out this section, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations.CommentsClose CommentsPermalink





(d) Updates-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 5 years after the initial study is conducted under this section and every 5 years thereafter, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall update the study required under this section.CommentsClose CommentsPermalink





(2) REPORT- Not later than 21 months after the date an arrangement is entered into under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the results of the updated study conducted under paragraph (1), including any recommendations.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,200,000.CommentsClose CommentsPermalink

DIVISION B--DOMESTIC PRODUCTION AND WORKFORCE DEVELOPMENTCommentsClose CommentsPermalink

TITLE I--INCREASING SUPPLYCommentsClose CommentsPermalink

Subtitle A--Increasing Production From Domestic ResourcesCommentsClose CommentsPermalink

SEC. 300. AMENDMENT OF 1986 CODE.

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

PART I--INVESTMENT IN RENEWABLE ENERGY

SEC. 301. EXTENSION OF RENEWABLE ELECTRICITY PRODUCTION CREDIT.

(a) In General- Subsection (d) of section 45 is amended--CommentsClose CommentsPermalink





(1) by striking ‘January 1, 2013’ in paragraph (1) and inserting ‘January 1, 2015’, andCommentsClose CommentsPermalink





(2) by striking ‘January 1, 2014’ each place it appears in paragraphs (2), (3), (4), (6), (7), (9), and (11)(B) and inserting ‘January 1, 2015’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 302. EXPANSION AND EXTENSION OF NEW CLEAN RENEWABLE ENERGY BONDS.

(a) In General- Paragraph (2) of section 54C(c) is amended by inserting ‘, for calendar years 2011, 2012, 2013, and 2014, an additional $500,000,000 for each year, and, except as provided in paragraph (5) for years after 2014, zero,’ after ‘$800,000,000’.CommentsClose CommentsPermalink





(b) Carryover of Unused Limitation- Subsection (c) of section 54C is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) CARRYOVER OF UNUSED LIMITATION- If for any calendar year--CommentsClose CommentsPermalink





‘(A) the amount allocated under paragraph (2) for such calendar year, exceedsCommentsClose CommentsPermalink





‘(B) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation,CommentsClose CommentsPermalink





then the limitation amount under paragraph (2) for the following calendar year shall be increased by the amount of such excess.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to bonds issued after December 31, 2010.CommentsClose CommentsPermalink

SEC. 303. EXTENSION OF INVESTMENT TAX CREDIT FOR CERTAIN ENERGY PROPERTY.

(a) Solar Energy Property- Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking ‘January 1, 2017’ and inserting ‘January 1, 2019’.CommentsClose CommentsPermalink





(b) Fuel Cell Property- Subparagraph (E) of section 48(c)(1) is amended by striking ‘December 31, 2016’ and inserting ‘December 31, 2018’.CommentsClose CommentsPermalink





(c) Qualified Small Wind Energy Property- Subparagraph (D) of section 48(c)(4) is amended by striking ‘December 31, 2016’ and inserting ‘December 31, 2018’.CommentsClose CommentsPermalink





(d) Geothermal Heat Pump Systems- Clause (vii) of section 48(a)(3)(A) is amended by striking ‘January 1, 2017’ and inserting ‘January 1, 2019’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 304. INCREASE IN CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES.

(a) In General- Subparagraph (B) of section 48C(d)(1) is amended by striking ‘$2,300,000,000’ and inserting ‘$4,000,000,000’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall take effect as if included in the amendments made by section 1302 of the American Recovery and Reinvestment Tax Act of 2009.CommentsClose CommentsPermalink

PART II--INVESTMENT IN ALTERNATIVE FUEL PROPERTY

SEC. 311. EXTENSION OF CREDITS FOR ALCOHOL FUELS.

(a) In General- Sections 40, 6426(b)(6), and 6427(e)(6)(A) are amended by striking ‘2010’ each place it appears and inserting ‘2011’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 40(e)(1)(B) is amended by striking ‘2011’ and inserting ‘2012’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 312. EXTENSION OF CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.

(a) In General- Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2011’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to sales and uses after the date of the enactment of this Act.CommentsClose CommentsPermalink

PART III--INVESTMENT IN ELECTRIC DRIVE AND ADVANCED VEHICLES

SEC. 321. EXTENSION OF CREDIT AND EXTENSION OF TEMPORARY INCREASE IN CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

(a) Extension of Credit- Subsection (g) of section 30C is amended by striking ‘service--’ and all that follows and inserting ‘service after December 31, 2018.’.CommentsClose CommentsPermalink





(b) Extension of Temporary Increase- Paragraph (6) of section 30C(e) is amended--CommentsClose CommentsPermalink





(1) by striking ‘January 1, 2011’ and inserting ‘January 1, 2019’, andCommentsClose CommentsPermalink





(2) by striking ‘AND 2010’ in the heading and inserting ‘THROUGH 2018’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2010.CommentsClose CommentsPermalink

SEC. 322. EXTENSION AND EXPANSION OF CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

(a) Extension- Section 30D is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Termination- This section shall not apply to any property purchased after December 31, 2018.’.CommentsClose CommentsPermalink





(b) Restoration of Credit for Large New Qualified Plug-In Electric Drive Motor Vehicles Weighing Over 14,000 Pounds-CommentsClose CommentsPermalink





(1) IN GENERAL- The last sentence of section 30D(b)(3) is amended to read as follows: ‘The amount determined under this paragraph shall not exceed--CommentsClose CommentsPermalink





‘(A) $5,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of not more than 14,000 pounds,CommentsClose CommentsPermalink





‘(B) $10,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, andCommentsClose CommentsPermalink





‘(C) $12,500, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 26,000 pounds.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Paragraph (1) of section 30D(d) is amended by adding ‘and’ at the end of subparagraph (D), by striking subparagraph (E), and by redesignating subparagraph (F) as subparagraph (E).CommentsClose CommentsPermalink





(c) Increase in Per Manufacturer Cap- Paragraph (2) of section 30D(e) is amended by striking ‘200,000’ and inserting ‘400,000’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 323. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.

(a) In General- Subsection (f) of section 30 is amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2018’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 324. EXTENSION OF CREDIT FOR MEDIUM AND HEAVY DUTY HYBRID VEHICLES.

(a) In General- Paragraph (3) of section 30B(k) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2014’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 325. CREDIT FOR HEAVY DUTY NATURAL GAS VEHICLES.

(a) In General- Paragraph (4) of section 30B(k) is amended by inserting ‘(December 31, 2018, in the case of such a vehicle which has a gross vehicle weight rating of more than 26,000 pounds and which operates on compressed natural gas or liquified natural gas)’ after ‘December 31, 2010’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

PART IV--LOW CARBON LOAN GUARANTEE PROGRAM

SEC. 331. INNOVATIVE LOW-CARBON LOAN GUARANTEE PROGRAM.

Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by adding at the end the following:CommentsClose CommentsPermalink





‘(11) Innovative low-carbon technology projects in accordance with subsection (f).’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Innovative Low-Carbon Technology Projects-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may make guarantees to carry out innovative low-carbon technologies projects.CommentsClose CommentsPermalink





‘(2) FUNDING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the total principal amount of loans guaranteed to carry out projects under this subsection shall not exceed $50,000,000,000, to remain available until committed.CommentsClose CommentsPermalink





‘(B) ADDITIONAL AMOUNTS- Amounts made available to carry out this subsection shall be in addition to any other authority provided for fiscal year 2010 or any previous fiscal year.CommentsClose CommentsPermalink





‘(C) SOURCE OF FUNDS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Amounts made available to carry out this subsection shall be--CommentsClose CommentsPermalink





‘(I) derived from amounts received from borrowers pursuant to section 1702(b)(2) for fiscal year 2010 or any previous fiscal year; andCommentsClose CommentsPermalink





‘(II) collected in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).CommentsClose CommentsPermalink





‘(ii) TREATMENT- The source of payment received from borrowers described in clause (i) shall be not considered a loan or other debt obligation that is guaranteed by the Federal Government.CommentsClose CommentsPermalink





‘(D) SUBSIDY COST- In accordance with section 1702(b)(2), no appropriations to carry out this subsection shall be available to pay the subsidy cost of guarantees.’.CommentsClose CommentsPermalink

PART V--INVESTMENT IN ETHANOL

SEC. 341. RESEARCH AND DEVELOPMENT OF FUNGIBLE BIOFUELS.

There is authorized to be appropriated for advanced biofuels research, development, and demonstration that will create fuels that are fungible in existing infrastructure $100,000,000.CommentsClose CommentsPermalink

PART VI--STUDIES ON MARKET PENETRATION OF RENEWABLE RESOURCES

SEC. 351. STUDIES ON MARKET PENETRATION OF RENEWABLE RESOURCES.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct--CommentsClose CommentsPermalink





(1) a study on the quantity of solar energy (including photovoltaic and solar thermal energy) that can reasonably be expected to be deployed in the United States by calendar year 2030 and the requirements and costs associated with that deployment;CommentsClose CommentsPermalink





(2) a study on the quantity of geothermal energy (including regular and advanced geothermal energy) that can reasonably be expected to be deployed in the United States by calendar year 2030 and the requirements and costs associated with that deployment;CommentsClose CommentsPermalink





(3) a study on the quantity of hydrokinetic energy that can reasonably be expected to be deployed in the United States by calendar year 2030 and the requirements and costs associated with that deployment; andCommentsClose CommentsPermalink





(4) in consultation with the Secretary of Agriculture, a study on the quantity of renewable biomass energy that can reasonably be expected to be deployed in the United States by calendar year 2030, including consideration of--CommentsClose CommentsPermalink





(A) the needs of biofuels, biomass-based electricity, and thermal applications;CommentsClose CommentsPermalink





(B) the highest efficiency energy use of biomass resources; andCommentsClose CommentsPermalink





(C) the requirements and costs associated with deployment.CommentsClose CommentsPermalink





(b) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that integrates the results of the studies conducted under subsection (a), and other relevant studies, including an analysis and recommendations on--CommentsClose CommentsPermalink





(1) the best areas and rates for deployment of solar, geothermal, wind, biomass, and hydrokinetic energy by calendar year 2030 (based on multiple alternative scenarios); andCommentsClose CommentsPermalink





(2) the levels of market penetration that can be accomplished by calendar year 2030 (based on multiple alternative scenarios).CommentsClose CommentsPermalink

Subtitle B--Increasing Production From Fossil ResourcesCommentsClose CommentsPermalink

PART I--OUTER CONTINENTAL SHELF

SEC. 361. INVENTORY OF OUTER CONTINENTAL SHELF OIL AND GAS RESOURCES.

(a) In General- Not later than 2 years after the date of enactment of this Act and subject to subsection (b), the Secretary of the Interior (referred to in this subtitle as the ‘Secretary’) shall complete an inventory of oil and natural gas resources in areas of the Outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) with the greatest potential for containing oil or gas reserves.CommentsClose CommentsPermalink





(b) Requirements-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall carry out the inventory under subsection (a) in stages, focusing first on areas that the Secretary identifies as having the greatest potential for oil and gas reserves.CommentsClose CommentsPermalink





(2) PUBLIC COMMENTS- To assist the Secretary in identifying areas that have the greatest potential for oil and gas reserves under paragraph (1), the Secretary shall, not later than 60 days after the date of enactment of this Act, issue a notice in the Federal Register requesting comments from the public on areas of the Outer Continental Shelf that may contain the most significant oil and gas deposits.CommentsClose CommentsPermalink





(3) INITIATION OF CERTAIN INVENTORIES- Not later than 90 days after the date of enactment of this Act, the Secretary shall begin conducting any inventories in the Atlantic and Pacific areas of the Outer Continental Shelf.CommentsClose CommentsPermalink





(4) BEST AVAILABLE TECHNOLOGY- In conducting the inventory under subsection (a), the Secretary shall--CommentsClose CommentsPermalink





(A) use the best technology available to obtain accurate resource estimates; andCommentsClose CommentsPermalink





(B) include the results of geological and geophysical explorations carried out--CommentsClose CommentsPermalink





(i) under existing or expired leases; orCommentsClose CommentsPermalink





(ii) under part 251 of title 30, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink





(5) REPORTS- On completion of any independent reports prepared as part of an inventory under this section, the Secretary shall make the independent reports immediately available to the public.CommentsClose CommentsPermalink





(c) Environmental Studies- Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink





(d) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- On completion of an inventory under this section, the Secretary shall submit to Congress and the Governors of any affected coastal States a report that describes the results of the inventory.CommentsClose CommentsPermalink





(2) ASSESSMENT- A report submitted under paragraph (1) shall include an assessment of the economic, energy, environmental, and national security impacts on the United States, any affected coastal States, and any affected local units of government if the oil and natural gas resources identified by the inventory were developed and produced, including estimates of any direct and indirect revenues that would be available to the Federal Government, the affected coastal State governments, and units of local government.CommentsClose CommentsPermalink





(e) Effect on Oil and Gas Leasing- No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect--CommentsClose CommentsPermalink





(1) the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344); orCommentsClose CommentsPermalink





(2) any leasing, exploration, development, or production of any Federal offshore oil and gas leases.CommentsClose CommentsPermalink





(f) Funding-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Treasury shall make a 1-time transfer to the Secretary, from royalties collected in conjunction with the production of oil and gas, such sums as are necessary to carry out this section, including the completion of environmental studies necessary to conduct geological and geophysical explorations in all of the Outer Continental Shelf areas of the Atlantic and the Pacific under part 251 of title 30, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink





(2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.CommentsClose CommentsPermalink





(3) LIMITATION- The amounts transferred under paragraph (1) shall not exceed $150,000,000.CommentsClose CommentsPermalink

SEC. 362. LEASING OF OFFSHORE AREAS ESTIMATED TO CONTAIN COMMERCIALLY RECOVERABLE OIL OR GAS RESOURCES.

(a) Definition of Potential Producing Area- In this section, the term ‘potential producing area’ means any area in an Outer Continental Shelf planning area, as defined by the Minerals Management Service, that a seismic survey or other geologic study identifies as exhibiting geologic characteristics similar to the characteristics found in other commercial oil and gas producing regions in the Outer Continental Shelf or other oil and gas producing areas.CommentsClose CommentsPermalink





(b) Leasing of Potential Producing Areas- Not later than 1 year after the date of the release of an inventory or report under section 361 that identifies a potential producing area, the Secretary may make the potential producing area available for oil and gas leasing under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).CommentsClose CommentsPermalink





(c) Leasing Plan- The omission of a potential producing area from the applicable 5-year plan developed by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) may allow the leasing of a potential producing area under subsection (b).CommentsClose CommentsPermalink