S 807 ISCommentsClose CommentsPermalink

To reduce fuel prices and improve national energy security by increasing domestic supply, reducing excessive speculation in the markets, and promoting long-term security through alternative energy sources, and for other purposes.CommentsClose CommentsPermalink

April 2, 2009CommentsClose CommentsPermalink

Mr. NELSON of Nebraska introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To reduce fuel prices and improve national energy security by increasing domestic supply, reducing excessive speculation in the markets, and promoting long-term security through alternative energy sources, 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 ‘Sound Management of America’s Resources and Technologies for Energy Act of 2009’ or the ‘SMART Energy Act’.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

TITLE I--ENERGY SUPERHIGHWAY

Sec. 101. Energy Superhighway.CommentsClose CommentsPermalink





Sec. 102. Authorization to recover costs of incremental transfer capability to facilitate renewable energy development and deployment.CommentsClose CommentsPermalink





Sec. 103. Coordination of Federal authorizations for transmission facilities.CommentsClose CommentsPermalink

TITLE II--INVESTING IN AMERICA’S ENERGY SECURITY

Subtitle A--Energy Security Trust Fund

Sec. 201. Energy Security Trust Fund.CommentsClose CommentsPermalink





Sec. 202. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico.CommentsClose CommentsPermalink

Subtitle B--Biogas

Sec. 211. Credit for production of biogas and syngas from certain renewable feedstocks.CommentsClose CommentsPermalink

Subtitle C--Investing in Biofuels and Renewable Fuel Infrastructure

Sec. 221. Definition of renewable biomass.CommentsClose CommentsPermalink





Sec. 222. Loan guarantees for renewable energy pipelines.CommentsClose CommentsPermalink





Sec. 223. Biofuels infrastructure.CommentsClose CommentsPermalink





Sec. 224. Definition of lifecycle greenhouse gas emissions.CommentsClose CommentsPermalink





Sec. 225. Biofuels Revolving Loan Fund.CommentsClose CommentsPermalink

Subtitle D--Energy Efficiency

Part I--Vehicles

Sec. 231. Lightweight materials research and development.CommentsClose CommentsPermalink





Sec. 232. Federal Government gasoline consumption.CommentsClose CommentsPermalink





Sec. 233. Credit for fuel-efficient motor vehicles.CommentsClose CommentsPermalink

Part II--Other Energy Efficiency Programs

Sec. 241. Energy efficiency and conservation block grants.CommentsClose CommentsPermalink





Sec. 242. Smart growth.CommentsClose CommentsPermalink

Subtitle E--Incentives for Innovative Technologies

Sec. 251. Security for loan guarantees for innovative technology projects.CommentsClose CommentsPermalink

TITLE III--EXPANDING DOMESTIC ENERGY PRODUCTION

Subtitle A--Oil and Gas Production on the Outer Continental Shelf

Sec. 301. Production of oil and gas on outer Continental Shelf.CommentsClose CommentsPermalink





Sec. 302. Production incentives program.CommentsClose CommentsPermalink

Subtitle B--Nuclear

Sec. 311. Sense of the Senate on scalable, modular light-water nuclear reactors and electric plants.CommentsClose CommentsPermalink





Sec. 312. Nuclear Regulatory Commission.CommentsClose CommentsPermalink





Sec. 313. Nuclear energy workforce.CommentsClose CommentsPermalink





Sec. 314. Interagency Working Group to promote domestic manufacturing base for nuclear components and equipment.CommentsClose CommentsPermalink





Sec. 315. Spent fuel recycling program.CommentsClose CommentsPermalink





Sec. 316. Standby support for certain nuclear plant delays.CommentsClose CommentsPermalink





Sec. 317. Incentives for innovative technologies.CommentsClose CommentsPermalink





Sec. 318. Modification of credit for production from advanced nuclear power facilities.CommentsClose CommentsPermalink





Sec. 319. 5-year accelerated depreciation for new nuclear power facilities.CommentsClose CommentsPermalink

TITLE IV--ENSURING MARKET INTEGRITY

Sec. 401. Definitions.CommentsClose CommentsPermalink





Sec. 402. Definition of energy commodity.CommentsClose CommentsPermalink





Sec. 403. Speculative limits and transparency of off-shore trading.CommentsClose CommentsPermalink





Sec. 404. Disaggregation of index funds and other data in energy and agriculture markets.CommentsClose CommentsPermalink





Sec. 405. Rulemaking with respect to reporting requirements of index traders and swap dealers.CommentsClose CommentsPermalink





Sec. 406. Transparency and recordkeeping authorities.CommentsClose CommentsPermalink





Sec. 407. Trading limits to prevent excessive speculation.CommentsClose CommentsPermalink





Sec. 408. Modifications to core principles applicable to position limits for contracts in agricultural and energy commodities.CommentsClose CommentsPermalink





Sec. 409. Administration of Commodity Futures Trading Commission.CommentsClose CommentsPermalink





Sec. 410. Review of prior actions.CommentsClose CommentsPermalink





Sec. 411. Review of over-the-counter markets.CommentsClose CommentsPermalink





Sec. 412. Studies; reports.CommentsClose CommentsPermalink





Sec. 413. Over-the-counter authority.CommentsClose CommentsPermalink





Sec. 414. Expedited procedures.CommentsClose CommentsPermalink





Sec. 415. Treatment of emission allowances and offset credits.CommentsClose CommentsPermalink





Sec. 416. Inspector General of Commodity Futures Trading Commission.CommentsClose CommentsPermalink

TITLE V--NATIONAL COMMISSION ON ENERGY POLICY AND GLOBAL CLIMATE CHANGE

Sec. 501. Establishment of Commission.CommentsClose CommentsPermalink





Sec. 502. Purposes.CommentsClose CommentsPermalink





Sec. 503. Composition of Commission.CommentsClose CommentsPermalink





Sec. 504. Functions of Commission.CommentsClose CommentsPermalink





Sec. 505. Powers of Commission.CommentsClose CommentsPermalink





Sec. 506. Reports of Commission; termination.CommentsClose CommentsPermalink





Sec. 507. Staff of Commission.CommentsClose CommentsPermalink





Sec. 508. Compensation and travel expenses.CommentsClose CommentsPermalink





Sec. 509. Meetings.CommentsClose CommentsPermalink





Sec. 510. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 511. Termination.CommentsClose CommentsPermalink

TITLE I--ENERGY SUPERHIGHWAYCommentsClose CommentsPermalink

SEC. 101. ENERGY SUPERHIGHWAY.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 224. ENERGY SUPERHIGHWAY.

‘(a) Purpose- The purpose of this section is to invest in and construct an interstate Energy Superhighway that--CommentsClose CommentsPermalink





‘(1) contains high-voltage electricity transmission lines (with at least a 400-kilovolt capacity), including direct current lines where appropriate;CommentsClose CommentsPermalink





‘(2) has a siting preference that uses existing Federal, State, or other rights-of-way (such as the Interstate System, State roads, railroads, pipelines, and existing transmission infrastructure or Federal land); andCommentsClose CommentsPermalink





‘(3) uses smart grid technologies for monitoring, reliability, operability, and security and to detect and locate outage, maintenance, repair, and other similar needs.CommentsClose CommentsPermalink





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





‘(1) COMMISSION- The term ‘Commission’ means the Federal Energy Regulatory Commission, in consultation with the Secretary of Transportation and the Secretary of Energy.CommentsClose CommentsPermalink





‘(2) ENERGY SUPERHIGHWAY- The term ‘Energy Superhighway’ means the Energy Superhighway described in subsection (a) that is established under this section.CommentsClose CommentsPermalink





‘(3) INTERSTATE SYSTEM- The term ‘Interstate System’ has the meaning given the term in section 101(a) of title 23, United States Code.CommentsClose CommentsPermalink





‘(4) JOINT RESOLUTION- The term ‘joint resolution’ means only a joint resolution introduced during the 30-day period beginning on the date on which a report referred to in subsection (d)(1) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ‘That Congress disapproves the plan for establishing an Energy Superhighway described in a report required under section 224(d)(1) of the Federal Power Act submitted by the Federal Energy Regulatory Commission to Congress on XXXX, and the plan for establishing the Energy Superhighway shall have no force or effect.’ (The blank space being appropriately filled in).CommentsClose CommentsPermalink





‘(5) SECONDARY LINE CONNECTION- The term ‘secondary line connection’ means--CommentsClose CommentsPermalink





‘(A) a new transmission line built to connect to the Energy Superhighway; andCommentsClose CommentsPermalink





‘(B) an existing transmission line rerouted or otherwise modified to connect to the Energy Superhighway.CommentsClose CommentsPermalink





‘(c) Authority-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, for the exclusive purpose of using funds provided under this section, the Commission shall have exclusive authority over all siting, permitting, planning, and construction decisions and actions necessary to establish an Energy Superhighway.CommentsClose CommentsPermalink





‘(2) ADMINISTRATION- In establishing the Energy Superhighway, the Commission shall use a siting preference that utilizes existing Federal, State, or other rights-of-way (such as the Interstate System, State roads, railroads, and existing transmission infrastructure on Federal land), unless the Commission otherwise provides notice in the plan required under subsection (d).CommentsClose CommentsPermalink





‘(d) Plan-CommentsClose CommentsPermalink





‘(1) REPORTS-CommentsClose CommentsPermalink





‘(A) INITIAL PLAN- Not later than 1 year after the date of enactment of this section, before any plan establishing an Energy Superhighway can take effect, the Commission shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the President a plan for establishing the Energy Superhighway.CommentsClose CommentsPermalink





‘(B) MODIFIED PLAN- If Congress enacts a joint resolution of disapproval of the plan submitted under subparagraph (A), not later than 180 days after the date of enactment of the joint resolution of disapproval, before any plan establishing an Energy Superhighway can take effect, the Commission shall submit to each of the Committees described in subparagraph (A) and the President a modified plan for establishing the Energy Superhighway.CommentsClose CommentsPermalink





‘(C) ADMINISTRATION- In developing a plan for an Energy Superhighway, the Commission shall, to the maximum extent practicable--CommentsClose CommentsPermalink





‘(i) conduct an open, transparent, and participatory process that considers input from all interested parties;CommentsClose CommentsPermalink





‘(ii) plan for the construction of at least 10,000 miles of high-voltage transmission lines across the United States, including the use of direct current lines where appropriate;CommentsClose CommentsPermalink





‘(iii) use existing Federal, State, or other rights-of-way (such as the Interstate System, State roads, railroads, pipelines, and existing transmission infrastructure on Federal land), to the maximum extent practicable;CommentsClose CommentsPermalink





‘(iv) plan on a national scale, or with a national focus, to seek to provide interconnections between the eastern and western areas of the United States where practical, beneficial, and feasible;CommentsClose CommentsPermalink





‘(v) maintain costs per mile that are within reasonable estimates of costs (including cost reduction through the use of smart grid technology and related communications systems);CommentsClose CommentsPermalink





‘(vi) develop a bidding process for the construction of the components of the Energy Superhighway;CommentsClose CommentsPermalink





‘(vii) examine the feasibility of burying high-voltage transmission lines (particularly in highway medians), using other options to standing towers, or taking other actions to address safety and other concerns relating to placing high-voltage transmission lines within existing rights-of-way;CommentsClose CommentsPermalink





‘(viii) include provisions to address the need for flexibility in the planning and construction process; andCommentsClose CommentsPermalink





‘(ix) allocate the costs of establishing the Energy Superhighway in a manner that ensures costs are shared by the Federal Government and among as many States and public and private entities (including among ratepayers) that the Commission determines have reasonable interests in, or would benefit from, the Energy Superhighway, except that the Federal share shall not exceed 90 percent.CommentsClose CommentsPermalink





‘(2) JOINT RESOLUTIONS OF DISAPPROVAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The plan of the Commission for establishing an Energy Superhighway shall not take effect (or continue) if Congress enacts a joint resolution of disapproval of each plan submitted under paragraph (1).CommentsClose CommentsPermalink





‘(B) REPORT- If Congress enacts a joint resolution of disapproval of the plan submitted under paragraph (1)(A), as soon practicable after the date of enactment of the joint resolution of disapproval, the 1 or more of the Committees described in paragraph (1)(A) shall submit to the Commission a report that--CommentsClose CommentsPermalink





‘(i) describes the concerns of the Committees with the plan; andCommentsClose CommentsPermalink





‘(ii) makes any recommendations for a modified plan for establishing the Energy Superhighway.CommentsClose CommentsPermalink





‘(C) PROCEDURE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clause (ii), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this paragraph.CommentsClose CommentsPermalink





‘(ii) TERMS- For purposes of this paragraph--CommentsClose CommentsPermalink





‘(I) the reference to ‘section 801(a)(1)’ in section 802(b)(2)(A) of that title shall be considered to refer to paragraph (1); andCommentsClose CommentsPermalink





‘(II) the reference to ‘section 801(a)(1)(A)’ in section 802(e)(2) of that title shall be considered to refer to paragraph (1).CommentsClose CommentsPermalink





‘(3) IMPLEMENTATION- If a joint resolution of disapproval of each plan submitted under paragraph (1) is not enacted in accordance with paragraph (2), not later than 18 months after the final date for consideration by Congress of the joint resolution of disapproval of the modified plan submitted under paragraph (1)(B), the Commission shall commence construction of the Energy Superhighway.CommentsClose CommentsPermalink





‘(e) Secondary Line Connections to Energy Superhighway-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the Commission shall ensure that each secondary line connection to the Energy Superhighway is sited and constructed in accordance with applicable siting laws.CommentsClose CommentsPermalink





‘(2) BACKSTOP AUTHORITY- The Commission may site the secondary line connection to the Energy Superhighway in a State (including through use of eminent domain) if, not later than 1 year after the date of the filing of an application for the siting, the State or State Commission--CommentsClose CommentsPermalink





‘(A) denies the application for siting and the Commission determines that the denial is contrary to the public interest (including the interest in increased electricity production from renewable resources) or detrimental to the Energy Superhighway; orCommentsClose CommentsPermalink





‘(B) is otherwise unable to approve the siting application and the Commission determines that the siting is in the public interest or beneficial to the Energy Superhighway.CommentsClose CommentsPermalink





‘(3) RENEWABLE ENERGY DEVELOPMENT AND DEPLOYMENT- The Commission may provide for secondary line connections to be constructed, in conjunction with secondary line connections constructed by private entities, to promote renewable energy development and deployment, including through the use of section 225.CommentsClose CommentsPermalink





‘(f) Bulk Electric System and Reliability Standards- The Commission shall ensure that the Energy Superhighway and any secondary transmission facilities that are constructed to support the Energy Superhighway--CommentsClose CommentsPermalink





‘(1) are integrated into the bulk electric system of the United States;CommentsClose CommentsPermalink





‘(2) comply with reliability standards of the North American Electric Reliability Corporation and regional entities of the Corporation;CommentsClose CommentsPermalink





‘(3) support an interconnection or operability among--CommentsClose CommentsPermalink





‘(A) the Western Interconnection;CommentsClose CommentsPermalink





‘(B) the Eastern Interconnection; andCommentsClose CommentsPermalink





‘(C) the Electric Reliability Council of Texas; andCommentsClose CommentsPermalink





‘(4) are coordinated with the procedures of regional transmission organizations.CommentsClose CommentsPermalink





‘(g) Rebates for Transmission on Energy Superhighway- The Commission shall develop a plan for rebates for any tariff charged for electricity transmitted on the Energy Superhighway under which--CommentsClose CommentsPermalink





‘(1) an entity that transmits electricity that is generated from a renewable energy resource (including wind, solar, ocean, tidal, geothermal, biomass, biogas, landfill gas, or incremental hydropower) shall receive a rebate in an amount equal to 1/2 of the tariff; andCommentsClose CommentsPermalink





‘(2) an entity that transmits electricity that is generated from a nuclear resource shall receive a rebate in an amount equal to 1/3 of the tariff.CommentsClose CommentsPermalink





‘(h) Federally Owned Utilities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall deed ownership of a facility constructed for the Energy Superhighway to--CommentsClose CommentsPermalink





‘(A) if the Federal share of the cost of the facility is more than 50 percent, federally owned utilities operating under regional entities of the North American Electric Reliability Corporation; andCommentsClose CommentsPermalink





‘(B) if the Federal share of the cost of the facility is 50 percent or less, federally owned utilities described in subparagraph (A) on the basis of cost allocation, an auction, or other means determined appropriate by the Commission.CommentsClose CommentsPermalink





‘(2) DUTIES- A federally owned utility to which a facility is deeded under paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) operate and maintain the facility in accordance with the requirements of regional entities of the North American Electric Reliability Corporation; andCommentsClose CommentsPermalink





‘(B) use any revenue derived from the tariff from the facility to upgrade, maintain, and operate the Energy Superhighway in accordance with the requirements of the regional entities.CommentsClose CommentsPermalink





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

SEC. 102. AUTHORIZATION TO RECOVER COSTS OF INCREMENTAL TRANSFER CAPABILITY TO FACILITATE RENEWABLE ENERGY DEVELOPMENT AND DEPLOYMENT.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as amended by section 101) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 225. AUTHORIZATION TO RECOVER COSTS OF INCREMENTAL TRANSFER CAPABILITY TO FACILITATE RENEWABLE ENERGY DEVELOPMENT AND DEPLOYMENT.

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





‘(1) CORE TRANSMISSION FACILITY- The term ‘core transmission facility’ means a transmission facility--CommentsClose CommentsPermalink





‘(A) for which a project sponsor has demonstrated 1 or more financial or regulatory commitments to construct, operate, and maintain;CommentsClose CommentsPermalink





‘(B) that the project sponsor would construct regardless of Federal incentives; andCommentsClose CommentsPermalink





‘(C) that has the demonstrated ability to add incremental transfer capability through--CommentsClose CommentsPermalink





‘(i) the addition of electrical circuits; orCommentsClose CommentsPermalink





‘(ii) increasing the operating voltage of the transmission facility.CommentsClose CommentsPermalink





‘(2) FINANCIAL OR REGULATORY COMMITMENT- The term ‘financial or regulatory commitment’ means a commitment through--CommentsClose CommentsPermalink





‘(A) a transmission service agreement accepted or on file with the Commission;CommentsClose CommentsPermalink





‘(B) an allocation to network customers posted on an open access same-time information system; orCommentsClose CommentsPermalink





‘(C) a ruling granting full future cost recovery through the tariff of a regional transmission organization that is on file with the Commission.CommentsClose CommentsPermalink





‘(3) FUND- The term ‘Fund’ means the Renewable Energy Incremental Transmission Fund established under subsection (d).CommentsClose CommentsPermalink





‘(4) INCREMENTAL TRANSFER CAPABILITY- The term ‘incremental transfer capability’ means--CommentsClose CommentsPermalink





‘(A) the transfer capability of additional electrical transmission circuits primarily within the same right-of-way as core transmission facilities and traversing substantially all of its length; orCommentsClose CommentsPermalink





‘(B) the additional transfer capability that results from installing a transmission line of increased voltage in comparison with core transmission facilities.CommentsClose CommentsPermalink





‘(5) PROJECT SPONSOR- The term ‘project sponsor’ means an entity that proposes to include incremental transfer capability as part of a core transmission facilities project.CommentsClose CommentsPermalink





‘(6) PRO RATA- The term ‘pro rata’, in relation to a core transmission facility, means the incremental transfer capability of the core transmission facility divided by the total transfer capability of the core transmission facility.CommentsClose CommentsPermalink





‘(7) RENEWABLE ENERGY RESOURCES- The term ‘renewable energy resource’ means solar, wind, ocean, tidal, geothermal energy, biomass, biogas, landfill gas, or incremental hydropower.CommentsClose CommentsPermalink





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





‘(9) UNCOMMITTED TRANSFER CAPABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘uncommitted transfer capability’ means transfer capability, and associated transmission facilities using a pro rata calculation, that is move than the needs demonstrated by the core transmission facilities, that--CommentsClose CommentsPermalink





‘(i) are not paid for through long-term transmission service agreements filed with the Commission;CommentsClose CommentsPermalink





‘(ii) are not allocated through an open access same-time information system posting to network customers and recovered via embedded transmission rates; orCommentsClose CommentsPermalink





‘(iii) do not receive payment of the associated rates of the core transmission facilities through the tariff of a regional transmission organization that is on file with the Commission.CommentsClose CommentsPermalink





‘(B) LIMITATION- The uncommitted transfer capability financed by the Secretary shall be not more than 75 percent of the total transfer capability provided by the core transmission facilities.CommentsClose CommentsPermalink





‘(b) Cost Recovery Authorization-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any provision of this Act or State law relating to the rates or charges for electric service or transmission of electric energy, a project sponsor shall be entitled to collect payment and recover costs of the incremental transfer capability in accordance with subsection (d) if--CommentsClose CommentsPermalink





‘(A) the 1 or more project sponsors of the incremental transfer capability have filed a cost recovery plan described in subsection (c) with the Commission; andCommentsClose CommentsPermalink





‘(B) the Commission finds that the project sponsor has demonstrated--CommentsClose CommentsPermalink





‘(i) that the transmission project constitutes a core transmission facility;CommentsClose CommentsPermalink





‘(ii) that the core transmission facility and incremental transfer capability will facilitate development or transmission of electric energy generated from renewable energy resources;CommentsClose CommentsPermalink





‘(iii) that the process for seeking approval of siting and construction of the core transmission facilities in the 1 or more States in which the facilities will be located, or by the Commission pursuant to section 216, has been initiated by the date on which the cost recovery plan is submitted to the Commission for approval;CommentsClose CommentsPermalink





‘(iv) that the core transmission facilities include at least 100 miles of new transmission lines or constitute secondary line connections to the Energy Superhighway for electricity generated from renewable resources;CommentsClose CommentsPermalink





‘(v) that the facilities providing the incremental transfer capability will operate at a nominal voltage of at least 345 kilovolts;CommentsClose CommentsPermalink





‘(vi) that the incremental transfer capability is likely to promote the reliable and economically efficient transmission and generation of electricity or reduce transmission congestion;CommentsClose CommentsPermalink





‘(vii) that, in the case of a project sponsor that has on file with the Commission and is operating subject to an open access transmission tariff, the transfer capability of the core transmission facilities, without the incremental transfer capability, is sufficiently committed through transmission service agreements accepted by or on file with the Commission or as allocated to network or native customers pursuant to the open access transmission tariff of the project sponsor;CommentsClose CommentsPermalink





‘(viii) that, in the case of a project sponsor that must obtain approval from any regional transmission organization prior to constructing core transmission facilities, all required approvals from any regional transmission organization for the core transmission facilities have been obtained;CommentsClose CommentsPermalink





‘(ix) that the project sponsor has the ability to finance construction of the core transmission facilities absent the incremental transfer capability;CommentsClose CommentsPermalink





‘(x) a commitment to undertake all reasonable and prudent efforts to construct the core transmission facilities in a way that provides the incremental transfer capability as outlined in the plan of the project sponsor if the Commission grants the cost recovery incentives for the incremental transfer capability under subsection (c);CommentsClose CommentsPermalink





‘(xi) a commitment to provide ancillary services, including integration service, on the incremental transfer capability pursuant to Commission-approved rates; andCommentsClose CommentsPermalink





‘(xii) a commitment to maintain a Commission-approved rate, separate from the embedded transmission rate of the project sponsor, for the incremental transfer capability, unless otherwise agreed to by the project sponsor and future transmission customers and approved by the Commission.CommentsClose CommentsPermalink





‘(2) FACILITATING RENEWABLE ENERGY RESOURCES- For purposes of satisfying the cost recovery authorization requirements of paragraph (1), an incremental transfer capability project facilitates development or transmission of electric energy generated from renewable energy resources if the project--CommentsClose CommentsPermalink





‘(A) is constructed in whole or in part between a liquid energy market hub and an area that has been determined by the Commission to have the potential to generate in excess of 1 gigawatt of electricity from renewable energy resources; orCommentsClose CommentsPermalink





‘(B) is consistent with transmission facilities identified as needed in the transmission planning initiatives associated with a regional renewable energy zone identification process that is undertaken with the involvement of State and Federal agencies.CommentsClose CommentsPermalink





‘(3) TERMINATION OF EFFECTIVENESS- The authority provided by this subsection terminates effective December 31, 2015.CommentsClose CommentsPermalink





‘(c) Cost Recovery Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall approve the recovery of costs for incremental transfer capability added to core transmission facilities pursuant to a plan submitted by the project sponsor consistent with subsection (b).CommentsClose CommentsPermalink





‘(2) REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A plan described in paragraph (1) shall include--CommentsClose CommentsPermalink





‘(i) in accordance with paragraph (3), a proposal for rates and charges for the uncommitted transfer capability to be paid annually by the Secretary to the project sponsor for a period of 10 years beginning on the date on which the transmission facilities are placed in service; orCommentsClose CommentsPermalink





‘(ii) in accordance with paragraph (4), a proposal for the Secretary to purchase from the project sponsor and hold the rights to the uncommitted transfer capability on a pro rata basis based on the final cost of the assets providing the uncommitted transfer capability.CommentsClose CommentsPermalink





‘(B) CONTROL OF FACILITIES- A project sponsor submitting a plan under this subsection shall own, operate, and maintain the facilities providing the uncommitted transfer capability.CommentsClose CommentsPermalink





‘(3) DIRECT PAYMENT FOR UNCOMMITTED TRANSFER CAPABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- On the request of the project sponsor and if approved by the Commission, the Secretary shall pay the project sponsor, on a pro rata basis, for all prudently incurred costs and associated returns on equity of constructing, owning, and operating the uncommitted transfer capability for a period of 10 years beginning on the date that the transmission facilities are placed in service.CommentsClose CommentsPermalink





‘(B) PUBLIC INTEREST- In determining whether rates and charges under this subsection for use of uncommitted transfer capability are just and reasonable and not unduly discriminatory or preferential, the Commission shall--CommentsClose CommentsPermalink





‘(i) consider the public interest to increase transmission transfer capability to facilitate the development and transmission of renewable energy; andCommentsClose CommentsPermalink





‘(ii) account for the cost of constructing the uncommitted transfer capability separately from the cost that would have been incurred to construct the transmission facility without the uncommitted transfer capability using a pro rata calculation.CommentsClose CommentsPermalink





‘(4) DIRECT PURCHASE OF UNCOMMITTED TRANSFER CAPABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), on the request of the project sponsor and if approved by the Commission, the Secretary shall purchase from the project sponsor and hold the rights to the uncommitted transfer capability on a pro rata basis once the transmission facilities are placed in service.CommentsClose CommentsPermalink





‘(B) LIMITATION- The Secretary shall not purchase any uncommitted transfer capability rights under this section until the Secretary has deposited into the Fund amounts sufficient to cover the price of the rights as set forth in the plan approved by the Commission.CommentsClose CommentsPermalink





‘(5) ACCESS TO UNCOMMITTED TRANSFER CAPABILITY- The Commission shall ensure, to the maximum extent practicable, that--CommentsClose CommentsPermalink





‘(A) the uncommitted transfer capability made available pursuant to this section is used to deliver electricity generated from renewable energy resources, including other resources necessary to support the interconnection of renewable energy resources; andCommentsClose CommentsPermalink





‘(B) the project sponsor has preferential access to purchase all or part of the right to the uncommitted transfer capability held by the Secretary to serve customers that purchase or sell renewable energy resources developed and delivered pursuant to this section for a period of 10 years, to the extent that the preference does not have a negative impact on electric reliability.CommentsClose CommentsPermalink





‘(6) REMARKETING UNCOMMITTED TRANSFER CAPABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In order to minimize Federal Government outlays and reduce the amount of total uncommitted transfer capability rights still held by the Federal Government at the end of the 10-year reservation period described in paragraph (3)(A), at the end of that period the project sponsor shall be required to--CommentsClose CommentsPermalink





‘(i) post on an open access same time information system and remarket the rights to the residual uncommitted transfer capability; andCommentsClose CommentsPermalink





‘(ii) repurchase the rights as new long-term transmission service agreements or network commitments are made.CommentsClose CommentsPermalink





‘(B) EFFECT- Nothing in this paragraph establishes the project sponsor as an agent of the Federal Government.CommentsClose CommentsPermalink





‘(7) RESALE OF UNCOMMITTED TRANSFER CAPABILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary may receive and accept payments for the purpose of purchasing uncommitted transfer capability rights held by the Secretary.CommentsClose CommentsPermalink





‘(B) PRICE- The price at which the rights of the Secretary may be purchased shall equal the product obtained by multiplying--CommentsClose CommentsPermalink





‘(i) the amount paid by the Secretary net of accumulated depreciation for the rights plus interest compounded annually at the 2-year Treasury note rate; byCommentsClose CommentsPermalink





‘(ii) the percentage of the rights of the Secretary to the uncommitted transfer capability of the project being purchased.CommentsClose CommentsPermalink





‘(C) USE OF FUNDS- Any payments to the Secretary under this paragraph shall be deposited directly into the general fund of the Treasury.CommentsClose CommentsPermalink





‘(d) Renewable Energy Incremental Transmission Fund-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established in the Treasury of the United States a revolving fund, to be known as the ‘Renewable Energy Incremental Transmission Fund’, consisting of such amounts as are appropriated to the Fund under paragraph (2).CommentsClose CommentsPermalink





‘(2) TRANSFER- There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $10,000,000,000,000, to be appropriated as soon as practicable after the date of enactment of this section, but not later than October 1, 2009.CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF FUNDS- Notwithstanding subsection (b)(3), amounts in the Fund shall be available to the Secretary for expenditure under this section without fiscal year limitation, to remain available until expended.CommentsClose CommentsPermalink





‘(4) REPORT- Each year, the Secretary shall submit to the appropriate committees of Congress a report describing the activities of the Secretary under this section.CommentsClose CommentsPermalink





‘(e) Rulemaking Requirement-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall, by 1 or more rules promulgated not later than 90 days after the date of enactment of this section, establish--CommentsClose CommentsPermalink





‘(A) appropriate final procedural requirements to specify the process by which a project sponsor shall submit and the Commission shall evaluate the cost recovery plan provided for in this section; andCommentsClose CommentsPermalink





‘(B) incentive-based rate treatments for investments in incremental transfer capability projects authorized by the Commission under this section that expand the transfer capability of core transmission facilities being permitted, sited, or constructed, beyond their initial planned transfer capability, to accommodate increased future growth of renewable energy.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- Incentive-based rate treatments described in paragraph (1)(B) shall take into account--CommentsClose CommentsPermalink





‘(A) the scale of investment required;CommentsClose CommentsPermalink





‘(B) the extraordinary financial and nonfinancial risks and challenges impeding this investment; andCommentsClose CommentsPermalink





‘(C) the wide-ranging public interest benefits provided by developing the incremental transfer capability projects.CommentsClose CommentsPermalink





‘(3) RELATION TO OTHER INCENTIVE RATES- In establishing appropriate procedural requirements under this subsection, the Commission shall determine the incentive-based rate treatments described in paragraph (1)(B) independently from other incentive rates that the Commission is authorized to provide under section 219.’.CommentsClose CommentsPermalink

SEC. 103. COORDINATION OF FEDERAL AUTHORIZATIONS FOR TRANSMISSION FACILITIES.

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





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





(2) by striking ‘Secretary’ each place it appears and inserting ‘Commission’;CommentsClose CommentsPermalink





(3) in paragraph (7)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘18 months after the date of enactment of this section’ and inserting ‘180 days after the date of enactment of the SMART Energy Act’; andCommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘1 year after the date of enactment of this section’ and inserting ‘180 days after the date of enactment of the SMART Energy Act’; andCommentsClose CommentsPermalink





(4) in paragraph (9), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) the Secretary of Energy;’.CommentsClose CommentsPermalink

TITLE II--INVESTING IN AMERICA’S ENERGY SECURITYCommentsClose CommentsPermalink

Subtitle A--Energy Security Trust FundCommentsClose CommentsPermalink

SEC. 201. ENERGY SECURITY TRUST FUND.

(a) Establishment- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 9511. ENERGY SECURITY TRUST FUND.

‘(a) Creation of Trust Fund- There is established in the Treasury of the United States a trust fund to be known as the ‘Energy Security Trust Fund’ (referred to in this section as the ‘Trust Fund’), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b).CommentsClose CommentsPermalink





‘(b) Transfers to Trust Fund- There is hereby appropriated to the Trust Fund an amount equivalent to the sum of--CommentsClose CommentsPermalink





‘(1) the taxes received in the Treasury under section 5896, plusCommentsClose CommentsPermalink





‘(2) any increase in the amounts received in the Treasury that are attributable to leasing or other revenue from increased oil and natural gas production as the result of the enactment of the SMART Energy Act (as determined by the Secretary of the Treasury).CommentsClose CommentsPermalink





‘(c) Distribution of Amounts in Trust Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), amounts in the Trust Fund shall be available to the Secretary of Energy for the purposes of carrying out research, development, deployment, and related activities for--CommentsClose CommentsPermalink





‘(A) advanced biofuels;CommentsClose CommentsPermalink





‘(B) renewable energy production;CommentsClose CommentsPermalink





‘(C) infrastructure needs for advanced biofuels and renewable energy production; andCommentsClose CommentsPermalink





‘(D) energy conservation and efficiency, including energy-efficient vehicles and conserving and making more efficient transportation fuels.CommentsClose CommentsPermalink





‘(2) USE OF CERTAIN FUNDS- All funds in the Trust Fund that are derived from fees collected under the production incentives program established under section 302 of the SMART Energy Act during the first 5 fiscal years for which funds are collected under the program shall be used--CommentsClose CommentsPermalink





‘(A) to complete, as soon as practicable after the date of enactment of that Act, any environmental or socioeconomic impact studies or consultations for prospective production areas on the outer Continental Shelf;CommentsClose CommentsPermalink





‘(B) to pay the expenses of the Special Commission on Offshore Oil and Gas Leasing established under section 18(j) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(j)); andCommentsClose CommentsPermalink





‘(C) to identify the most prospective areas for recoverable oil and gas accumulations for industry exploration under, and otherwise carry out, section 357 of the Energy Policy Act of 2005 (42 U.S.C. 15912).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 9511. Energy Security Trust Fund.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 202. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM THE OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO.

(a) In General- Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink

‘CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO

‘Sec. 5896. Imposition of tax.CommentsClose CommentsPermalink





‘Sec. 5897. Taxable crude oil or natural gas and removal price.CommentsClose CommentsPermalink





‘Sec. 5898. Special rules and definitions.CommentsClose CommentsPermalink

‘SEC. 5896. IMPOSITION OF TAX.

‘(a) In General- In addition to any other tax imposed under this title, there is hereby imposed a tax equal to 18 and two-thirds percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period.CommentsClose CommentsPermalink





‘(b) Credit for Federal Royalties Paid-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production.CommentsClose CommentsPermalink





‘(2) LIMITATION- The aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period.CommentsClose CommentsPermalink





‘(c) Tax Paid by Producer- The tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas.CommentsClose CommentsPermalink

‘SEC. 5897. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL PRICE.

‘(a) Taxable Crude Oil or Natural Gas- For purposes of this chapter, the term ‘taxable crude oil or natural gas’ means crude oil or natural gas which is produced from Federal submerged lands on the outer Continental Shelf in the Gulf of Mexico pursuant to a lease entered into with the United States which authorizes the production.CommentsClose CommentsPermalink





‘(b) Removal Price- For purposes of this chapter--CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as otherwise provided in this subsection, the term ‘removal price’ means--CommentsClose CommentsPermalink





‘(A) in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, andCommentsClose CommentsPermalink





‘(B) in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold.CommentsClose CommentsPermalink





‘(2) SALES BETWEEN RELATED PERSONS- In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613.CommentsClose CommentsPermalink





‘(3) OIL OR GAS REMOVED FROM PROPERTY BEFORE SALE- If crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.CommentsClose CommentsPermalink





‘(4) REFINING BEGUN ON PROPERTY- If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property--CommentsClose CommentsPermalink





‘(A) such oil shall be treated as removed on the day such manufacture or conversion begins, andCommentsClose CommentsPermalink





‘(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.CommentsClose CommentsPermalink





‘(5) PROPERTY- The term ‘property’ has the meaning given such term by section 614.CommentsClose CommentsPermalink

‘SEC. 5898. SPECIAL RULES AND DEFINITIONS.

‘(a) Administrative Requirements-CommentsClose CommentsPermalink





‘(1) WITHHOLDING AND DEPOSIT OF TAX- The Secretary shall provide for the withholding and deposit of the tax imposed under section 5896 on a quarterly basis.CommentsClose CommentsPermalink





‘(2) RECORDS AND INFORMATION- Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe.CommentsClose CommentsPermalink





‘(3) TAXABLE PERIODS; RETURN OF TAX-CommentsClose CommentsPermalink





‘(A) TAXABLE PERIOD- Except as provided by the Secretary, each calendar year shall constitute a taxable period.CommentsClose CommentsPermalink





‘(B) RETURNS- The Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5896.CommentsClose CommentsPermalink





‘(b) Definitions- For purposes of this chapter--CommentsClose CommentsPermalink





‘(1) PRODUCER- The term ‘producer’ means the holder of the economic interest with respect to the crude oil or natural gas.CommentsClose CommentsPermalink





‘(2) CRUDE OIL- The term ‘crude oil’ includes crude oil condensates and natural gasoline.CommentsClose CommentsPermalink





‘(3) PREMISES AND CRUDE OIL PRODUCT- The terms ‘premises’ and ‘crude oil product’ have the same meanings as when used for purposes of determining gross income from the property under section 613.CommentsClose CommentsPermalink





‘(c) Adjustment of Removal Price- In determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed.CommentsClose CommentsPermalink





‘(d) Regulations- The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.’.CommentsClose CommentsPermalink





(b) Deductibility of Tax- The first sentence of section 164(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink





‘(6) The tax imposed by section 5896(a) (after application of section 5896(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:CommentsClose CommentsPermalink

‘Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico.’.CommentsClose CommentsPermalink

(d) Effective Date- The amendments made by this section shall apply to crude oil or natural gas removed after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle B--BiogasCommentsClose CommentsPermalink

SEC. 211. CREDIT FOR PRODUCTION OF BIOGAS AND SYNGAS FROM CERTAIN RENEWABLE FEEDSTOCKS.

(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45Q the following new section:CommentsClose CommentsPermalink

‘SEC. 45R. BIOGAS AND SYNGAS PRODUCED FROM CERTAIN RENEWABLE FEEDSTOCKS.

‘(a) Allowance of Credit-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of section 38, the qualified biogas and renewable syngas production credit for any taxable year is an amount equal to the sum of the biogas production amount and the renewable syngas production amount.CommentsClose CommentsPermalink





‘(2) BIOGAS PRODUCTION AMOUNT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of paragraph (1), except as provided in subparagraph (B), the biogas production amount is an amount equal to the product of--CommentsClose CommentsPermalink





‘(i) $4.27, andCommentsClose CommentsPermalink





‘(ii) each million British thermal unit (mmBtu) of biogas--CommentsClose CommentsPermalink





‘(I) produced by the taxpayer--CommentsClose CommentsPermalink

‘(aa) from qualified energy feedstock, andCommentsClose CommentsPermalink

‘(bb) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, andCommentsClose CommentsPermalink

‘(II) sold or used by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(B) EXCEPTION FOR BIOGAS PRODUCED FROM A LANDFILL- In the case of biogas produced from a landfill, the biogas production amount is $2.00.CommentsClose CommentsPermalink





‘(3) RENEWABLE SYNGAS PRODUCTION AMOUNT- For purposes of paragraph (1), the renewable syngas production amount is an amount equal to the product of--CommentsClose CommentsPermalink





‘(A) $2.92, andCommentsClose CommentsPermalink





‘(B) each million British thermal unit (mmBtu) of renewable syngas--CommentsClose CommentsPermalink





‘(i) produced by the taxpayer--CommentsClose CommentsPermalink





‘(I) from qualified energy feedstock, andCommentsClose CommentsPermalink





‘(II) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, andCommentsClose CommentsPermalink





‘(ii) used by the taxpayer during the taxable year as a fuel at such qualified facility.CommentsClose CommentsPermalink





‘(b) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) BIOGAS- The term ‘biogas’ means a gas which--CommentsClose CommentsPermalink





‘(A) is derived by processing qualified energy feedstock, andCommentsClose CommentsPermalink





‘(B) contains at least 50 percent methane.CommentsClose CommentsPermalink





‘(2) RENEWABLE SYNGAS- The term ‘renewable syngas’ means any fuel which is derived by processing qualified energy feedstock.CommentsClose CommentsPermalink





‘(3) QUALIFIED ENERGY FEEDSTOCK-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘qualified energy feedstock’ means--CommentsClose CommentsPermalink





‘(i) manure of agricultural livestock, including litter, wood shavings, straw, rice hulls, bedding material, and other materials incidentally collected with the manure,CommentsClose CommentsPermalink





‘(ii) any nonhazardous, cellulosic, or other organic agricultural or food industry by-product or waste material which is derived from--CommentsClose CommentsPermalink





‘(I) renewable biomass,CommentsClose CommentsPermalink





‘(II) harvesting residues,CommentsClose CommentsPermalink





‘(III) wastes or byproducts from fermentation processes, ethanol production, biodiesel production, slaughter of agricultural livestock, food production, food processing, or food service, orCommentsClose CommentsPermalink





‘(IV) other organic wastes, byproducts, or sources,CommentsClose CommentsPermalink





‘(iii) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes, and landscape or right-of-way tree trimmings, orCommentsClose CommentsPermalink





‘(iv) landfill waste, sewage waste treatment materials, or other organic materials.CommentsClose CommentsPermalink





‘(B) RENEWABLE BIOMASS- The term ‘renewable biomass’ means--CommentsClose CommentsPermalink





‘(i) materials from pre-commercial thinning or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) which--CommentsClose CommentsPermalink





‘(I) are byproducts of preventive treatments which are removed to reduce or contain disease or insect infestation to restore ecosystem health,CommentsClose CommentsPermalink





‘(II) would not otherwise be used for higher-value products, andCommentsClose CommentsPermalink





‘(III) are harvested in accordance with applicable law and land management plans and the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512) and large tree retention of subsection (f) of that section, orCommentsClose CommentsPermalink





‘(ii) any organic matter which is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe which is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink





‘(I) renewable plant material (such as feed grains, other agricultural commodities, other plants and trees, and algae), andCommentsClose CommentsPermalink





‘(II) waste material (such as crop residue, other vegetative waste material (including wood waste and wood residues), animal waste and byproducts (including fats, oils, greases, and manure), food waste, and yard waste).CommentsClose CommentsPermalink





‘(C) AGRICULTURAL LIVESTOCK- The term ‘agricultural livestock’ means poultry, cattle, sheep, swine, goats, horses, mules, and other equines.CommentsClose CommentsPermalink





‘(c) Qualified Facility- For purposes of this section--CommentsClose CommentsPermalink





‘(1) BIOGAS FACILITY- In the case of a facility producing biogas, the term ‘qualified facility’ means a facility which--CommentsClose CommentsPermalink





‘(A) uses anaerobic digesters, gasification, or other biological, chemical, or thermal processes to convert qualified energy feedstock into biogas,CommentsClose CommentsPermalink





‘(B) is owned by the taxpayer,CommentsClose CommentsPermalink





‘(C) is located in the United States,CommentsClose CommentsPermalink





‘(D) is originally placed in service before January 1, 2017, andCommentsClose CommentsPermalink





‘(E) the biogas output of which is--CommentsClose CommentsPermalink





‘(i) marketed through interconnection with a gas distribution or transmission pipeline, orCommentsClose CommentsPermalink





‘(ii) reasonably expected to be used in a quantity sufficient to offset the consumption of 5,000 mmBtu annually of commercially marketed fuel derived from coal, crude oil, natural gas, propane, or other fossil fuels.CommentsClose CommentsPermalink





‘(2) RENEWABLE SYNGAS FACILITY- In the case of a facility producing renewable syngas, the term ‘qualified facility’ means a facility which--CommentsClose CommentsPermalink





‘(A) uses anaerobic digesters, gasification, or other biological, chemical, or thermal processes to convert qualified energy feedstock into renewable syngas,CommentsClose CommentsPermalink





‘(B) is owned by the taxpayer,CommentsClose CommentsPermalink





‘(C) is located in the United States,CommentsClose CommentsPermalink





‘(D) is originally placed in service before January 1, 2017,CommentsClose CommentsPermalink





‘(E) the renewable syngas output of which is reasonably expected to be used in a quantity sufficient to offset the consumption of 5,000 mmBtu annually of commercially marketed fuel derived from coal, crude oil, natural gas, propane, or other fossil fuels, andCommentsClose CommentsPermalink





‘(F) provides for waste treatment and clean-up.CommentsClose CommentsPermalink





‘(d) Special Rules- For purposes of this section--CommentsClose CommentsPermalink





‘(1) PRODUCTION ATTRIBUTABLE TO THE TAXPAYER- In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the qualified facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such qualified facility.CommentsClose CommentsPermalink





‘(2) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS- Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.CommentsClose CommentsPermalink





‘(3) COORDINATION WITH CREDIT FROM PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE- The amount of biogas produced and sold or used by the taxpayer during any taxable year which is taken into account under this section shall be reduced by the amount of biogas produced and sold by the taxpayer in such taxable year which is taken into account under section 45K.CommentsClose CommentsPermalink





‘(4) CREDIT ELIGIBILITY IN THE CASE OF GOVERNMENT-OWNED FACILITIES- In the case of any facility which produces biogas or renewable syngas and which is owned by a governmental unit, paragraphs (1)(B) and (2)(B) of subsection (c) shall each be applied by substituting ‘is leased or operated by the taxpayer’ for ‘is owned by the taxpayer’.CommentsClose CommentsPermalink





‘(5) SPECIAL RULE FOR PUBLIC-PRIVATE PARTNERSHIPS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of a facility which is owned by a public-private partnership, any qualified public entity which is a member of such partnership may transfer such entity’s allocation of the credit under subsection (a) to any non-public entity which is a member of such partnership, except that the aggregate allocations of such credit claimed by such non-public entity shall be subject to the limitations under section 38(c).CommentsClose CommentsPermalink





‘(B) QUALIFIED PUBLIC ENTITY- For purposes of this paragraph, the term ‘qualified public entity’ means a Federal, State, or local government entity, or any political subdivision thereof, or a cooperative organization described in section 1381(a).CommentsClose CommentsPermalink





‘(C) VERIFICATION OF TRANSFER OF ALLOCATION- A qualified public entity that makes a transfer under subparagraph (A), and a non-public entity that receives an allocation under such a transfer, shall provide verification of such transfer in such manner and at such time as the Secretary shall prescribe.CommentsClose CommentsPermalink





‘(e) Adjustment Based on Inflation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The $4.27 amount under subsection (a)(2)(A)(i), the $2.00 amount under subsection (a)(2)(B), and the $2.92 amount under subsection (a)(3)(A) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.CommentsClose CommentsPermalink





‘(2) COMPUTATION OF INFLATION ADJUSTMENT FACTOR-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor in accordance with this paragraph.CommentsClose CommentsPermalink





‘(B) INFLATION ADJUSTMENT FACTOR- The term ‘inflation adjustment factor’ means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for calendar year 2008. The term ‘GDP implicit price deflator’ means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.’.CommentsClose CommentsPermalink





(b) Credit Treated as Business Credit-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ‘plus’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘, plus’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(36) the qualified biogas and renewable syngas production credit under section 45R(a).’.CommentsClose CommentsPermalink





(2) COORDINATION WITH PARTNERSHIP RULES- Subsection (c) of section 38 of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) SPECIAL RULE FOR CREDIT FOR PRODUCTION FROM BIOGAS AND RENEWABLE SYNGAS FACILITIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of the qualified biogas and renewable syngas production credit determined under section 45R(a), paragraph (1) shall not apply with respect to any qualified public entity (as defined in section 45R(d)(5)(B)) which transfers the entity’s allocation of such credit to a non-public partner as provided in section 45R(d)(5)(A).CommentsClose CommentsPermalink





‘(B) VERIFICATION OF TRANSFER- Subparagraph (A) shall not apply to any qualified public entity unless such entity provides verification of a transfer of credit allocation as required under section 45R(d)(5)(C).’.CommentsClose CommentsPermalink





(c) Coordination With Credit for Production of Electricity From a Renewable Resource- Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(12) COORDINATION WITH CREDIT FOR PRODUCTION OF BIOGAS- The term ‘qualified facility’ shall not include any facility which produces electricity from biogas or renewable syngas the production from which is allowed a credit under section 45R for such taxable year or any prior taxable year.’.CommentsClose CommentsPermalink





(d) Credit Allowed Against AMT- Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively, and by inserting after clause (v) the following new clause:CommentsClose CommentsPermalink





‘(vi) the credit determined under section 45R(a).’.CommentsClose CommentsPermalink





(e) Clerical Amendment- The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item:CommentsClose CommentsPermalink





‘Sec. 45R. Biogas and syngas produced from certain renewable feedstocks.’.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply to gas produced and sold or used in taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle C--Investing in Biofuels and Renewable Fuel InfrastructureCommentsClose CommentsPermalink

SEC. 221. DEFINITION OF RENEWABLE BIOMASS.

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following:CommentsClose CommentsPermalink





‘(I) RENEWABLE BIOMASS- The term ‘renewable biomass’ means--CommentsClose CommentsPermalink





‘(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that--CommentsClose CommentsPermalink





‘(I) are byproducts of preventive treatments that are removed--CommentsClose CommentsPermalink

‘(aa) to reduce hazardous fuels;CommentsClose CommentsPermalink

‘(bb) to reduce or contain disease or insect infestation; orCommentsClose CommentsPermalink

‘(cc) to restore ecosystem health;CommentsClose CommentsPermalink

‘(II) would not otherwise be used for higher-value products; andCommentsClose CommentsPermalink





‘(III) are harvested in accordance with--CommentsClose CommentsPermalink

‘(aa) applicable law and land management plans; andCommentsClose CommentsPermalink

‘(bb) the requirements for--CommentsClose CommentsPermalink

‘(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); andCommentsClose CommentsPermalink

‘(BB) large-tree retention of subsection (f) of that section; orCommentsClose CommentsPermalink

‘(ii) any organic matter that is available on a renewable or recurring basis from non-Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including--CommentsClose CommentsPermalink





‘(I) renewable plant material, including--CommentsClose CommentsPermalink

‘(aa) feed grains;CommentsClose CommentsPermalink

‘(bb) other agricultural commodities;CommentsClose CommentsPermalink

‘(cc) other plants and trees; andCommentsClose CommentsPermalink

‘(dd) algae; andCommentsClose CommentsPermalink

‘(II) waste material, including--CommentsClose CommentsPermalink

‘(aa) crop residue;CommentsClose CommentsPermalink

‘(bb) other vegetative waste material (including wood waste and wood residues);CommentsClose CommentsPermalink

‘(cc) animal waste and byproducts (including fats, oils, greases, and manure); andCommentsClose CommentsPermalink

‘(dd) food waste and yard waste.’.CommentsClose CommentsPermalink

SEC. 222. LOAN GUARANTEES FOR RENEWABLE ENERGY PIPELINES.

Subtitle C of title II of the Energy Independence and Security Act of 2007 (42 U.S.C. 17051 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 249. LOAN GUARANTEES FOR RENEWABLE ENERGY PIPELINES.

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





‘(1) COST- The term ‘cost’ has the meaning given the term ‘cost of a loan guarantee’ in section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)).CommentsClose CommentsPermalink





‘(2) ELIGIBLE PROJECT- The term eligible project means a project described in subsection (b)(1).CommentsClose CommentsPermalink





‘(3) GUARANTEE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘guarantee’ has the meaning given the term ‘loan guarantee’ in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).CommentsClose CommentsPermalink





‘(B) INCLUSION- The term ‘guarantee’ includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).CommentsClose CommentsPermalink





‘(4) RENEWABLE ENERGY PIPELINE- The term ‘renewable energy pipeline’ means a common carrier pipeline for transporting renewable energy.CommentsClose CommentsPermalink





‘(b) Loan Guarantees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall make guarantees under this section for projects that provide for--CommentsClose CommentsPermalink





‘(A) the construction of new renewable energy pipelines; orCommentsClose CommentsPermalink





‘(B) the modification of pipelines to transport renewable energy.CommentsClose CommentsPermalink





‘(2) ELIGIBILITY- In determining the eligibility of a project for a guarantee under this section, the Secretary shall consider--CommentsClose CommentsPermalink





‘(A) the volume of renewable energy to be moved by the renewable energy pipeline;CommentsClose CommentsPermalink





‘(B) the size of the markets to be served by the renewable energy pipeline;CommentsClose CommentsPermalink





‘(C) the existence of sufficient storage to facilitate access to the markets served by the renewable energy pipeline;CommentsClose CommentsPermalink





‘(D) the proximity of the renewable energy pipeline to ethanol production facilities;CommentsClose CommentsPermalink





‘(E) the investment of the entity carrying out the proposed project in terminal infrastructure;CommentsClose CommentsPermalink





‘(F) the experience of the entity carrying out the proposed project in working with renewable energy;CommentsClose CommentsPermalink





‘(G) the ability of the entity carrying out the proposed project to maintain the quality of the renewable energy through--CommentsClose CommentsPermalink





‘(i) the terminal system of the entity; andCommentsClose CommentsPermalink





‘(ii) the dedicated pipeline system;CommentsClose CommentsPermalink





‘(H) the ability of the entity carrying out the proposed project to complete the project in a timely manner; andCommentsClose CommentsPermalink





‘(I) the ability of the entity carrying out the proposed project to secure property rights-of-way in order to move the proposed project forward in a timely manner.CommentsClose CommentsPermalink





‘(3) AMOUNT- Unless otherwise provided by law, a guarantee by the Secretary under this section shall not exceed an amount equal to 90 percent of the eligible project cost of the renewable energy pipeline that is the subject of the guarantee, as estimated at the time at which the guarantee is issued or subsequently modified while the eligible project is under construction.CommentsClose CommentsPermalink





‘(4) TERMS AND CONDITIONS- Guarantees under this section shall be provided in accordance with section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512), except that subsections (b) and (c) of that section shall not apply to guarantees under this section.CommentsClose CommentsPermalink





‘(5) EXISTING FUNDING AUTHORITY- The Secretary shall make a guarantee under this section under an existing funding authority.CommentsClose CommentsPermalink





‘(6) FINAL RULE- Not later than 90 days after the date of enactment of this section, the Secretary shall publish in the Federal Register a final rule directing the Director of the Department of Energy Loan Guarantee Program Office to initiate the loan guarantee program under this section in accordance with this section.CommentsClose CommentsPermalink





‘(c) Funding-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated such sums as are necessary to provide $5,000,000,000 in guarantees under this section.CommentsClose CommentsPermalink





‘(2) USE OF OTHER APPROPRIATED FUNDS- To the extent that the amounts made available under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) have not been disbursed to programs under that title, the Secretary may use the amounts to carry out this section.’.CommentsClose CommentsPermalink

SEC. 223. BIOFUELS INFRASTRUCTURE.

Section 212 of the Clean Air Act (42 U.S.C. 7546) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Biofuels Infrastructure-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator shall provide grants for research into, and development and implementation of--CommentsClose CommentsPermalink





‘(A) biofuels infrastructure, including for pipelines that can be retrofitted to accommodate biofuels; andCommentsClose CommentsPermalink





‘(B) comprehensive regional planning for biofuels, including--CommentsClose CommentsPermalink





‘(i) coordination of feedstock production, harvesting, transportation, storage, logistics, and related infrastructure;CommentsClose CommentsPermalink





‘(ii) coordination of biofuel production and regional consumption infrastructure, such as blending and refueling stations; andCommentsClose CommentsPermalink





‘(iii) regional marketing and education activities.CommentsClose CommentsPermalink





‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2010 through 2015.’.CommentsClose CommentsPermalink

SEC. 224. DEFINITION OF LIFECYCLE GREENHOUSE GAS EMISSIONS.

Section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended by striking ‘(including direct emissions and significant indirect emissions such as significant emissions from land use changes)’.CommentsClose CommentsPermalink

SEC. 225. BIOFUELS REVOLVING LOAN FUND.

Subtitle C of title II of the Energy Independence and Security Act of 2007 (42 U.S.C. 17051 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 249. BIOFUELS REVOLVING LOAN FUND.

‘(a) Establishment- There is established in the Treasury of the United States a revolving fund, to be known as the ‘Biofuels Revolving Loan Fund’ (referred to in this section as the ‘Fund’), consisting of such amounts as are appropriated to the Fund under subsection (d).CommentsClose CommentsPermalink





‘(b) Expenditures From Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (3), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans to eligible persons (as determined by the Secretary) in accordance with this subsection.CommentsClose CommentsPermalink





‘(2) LOANS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraphs (B) through (D), the Secretary shall use amounts transferred under paragraph (1) to provide loans to eligible entities (as determined by the Secretary) that--CommentsClose CommentsPermalink





‘(i) seek to use renewable energy resources to power a facility engaged in the production of biofuels from renewable feedstocks (including corn and renewable biomass) by--CommentsClose CommentsPermalink





‘(I) constructing a new facility; orCommentsClose CommentsPermalink





‘(II) retrofitting or converting an existing facility;CommentsClose CommentsPermalink





‘(ii) seek to produce advanced biofuels by--CommentsClose CommentsPermalink





‘(I) constructing a new facility; orCommentsClose CommentsPermalink





‘(II) retrofitting or converting an existing facility;CommentsClose CommentsPermalink





‘(iii) seek to achieve at least a 20 percent reduction in the lifecycle greenhouse gas emissions by using--CommentsClose CommentsPermalink





‘(I) feedstocks that produce reduced greenhouse gas; orCommentsClose CommentsPermalink





‘(II) renewable energy resources (including waste sources) to provide power to the facility; andCommentsClose CommentsPermalink





‘(iv) demonstrate to the Secretary that--CommentsClose CommentsPermalink





‘(I) as of the date of enactment of this section, the development of a biofuel facility has been suspended or is in an advanced stage of development (as demonstrated by permitting, construction, design, or other indication of development); orCommentsClose CommentsPermalink





‘(II) not later than 3 years after the date of enactment of this section, the eligible person will commence construction of a biofuel facility.CommentsClose CommentsPermalink





‘(B) APPLICATION- To be eligible to receive a loan from the Fund, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





‘(C) ADMINISTRATION- In making loans under this paragraph, the Secretary shall--CommentsClose CommentsPermalink





‘(i) provide to any eligible entity not more than--CommentsClose CommentsPermalink





‘(I) $20,000,000 for any fiscal year to retrofit or convert an existing facility;CommentsClose CommentsPermalink





‘(II) $50,000,000 for any fiscal year to construct a new biofuel facility; orCommentsClose CommentsPermalink





‘(III) $30,000,000 for any fiscal year to carry out any other project or activity described in subparagraph (A) that is not covered by subclause (I) or (II);CommentsClose CommentsPermalink





‘(ii) ensure that loan funds are used for equity; andCommentsClose CommentsPermalink





‘(iii) establish terms and conditions for a loan that permit the loan to repaid over a long term with low or no interest, as determined by the Secretary.CommentsClose CommentsPermalink





‘(D) REFUELING FACILITIES AND INFRASTRUCTURE- The Secretary shall use not more than $30,000,000 of the amount in the Fund to make loans to eligible entities for the construction or retrofitting of biofuel facilities or infrastructure (including tanks, blender pumps, and other types of dispensing pumps) that will be constructed not later than 180 days after the date the loan is made.CommentsClose CommentsPermalink





‘(3) ADMINISTRATIVE EXPENSES- An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section.CommentsClose CommentsPermalink





‘(c) Transfers of Amounts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(2) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.CommentsClose CommentsPermalink





‘(d) Other Assistance- The receipt of a loan by an eligible entity for a facility under this section shall not preclude the eligible entity from receiving additional assistance from the Federal Government for the facility, such as grants or loan guarantees, provided under other provisions of law.CommentsClose CommentsPermalink





‘(e) Authorization of Appropriations- There is authorized to be appropriated to the Fund $500,000,000 for the period of fiscal years 2010 through 2015.’.CommentsClose CommentsPermalink

Subtitle D--Energy EfficiencyCommentsClose CommentsPermalink

PART I--VEHICLES

SEC. 231. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall establish a research and development program on lightweight materials and composites and other innovations to increase the fuel efficiency of motor vehicles, including materials, composites, and innovation that will permit--CommentsClose CommentsPermalink





(1) the weight of vehicles to be reduced to improve fuel efficiency without compromising passenger safety; andCommentsClose CommentsPermalink





(2) the cost of lightweight materials (such as steel alloys and carbon fibers) required for the construction of lighter-weight vehicles to be reduced.CommentsClose CommentsPermalink





(b) Funding-CommentsClose CommentsPermalink





(1) IN GENERAL- On October 1, 2010, and on each October 1 thereafter through October 1, 2015, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $100,000,000, to remain available until expended.CommentsClose CommentsPermalink





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

SEC. 232. FEDERAL GOVERNMENT GASOLINE CONSUMPTION.

(a) In General- Section 303(b) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)) (as amended by section 205) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) GASOLINE CONSUMPTION- The Secretary shall promulgate regulations for Federal fleets subject to this title requiring that, not later than fiscal year 2010, each Federal agency achieve at least a 5 percent reduction in petroleum consumption, as calculated from the baseline established by the Secretary for fiscal year 2008.’.CommentsClose CommentsPermalink





(b) Additional Gasoline Reduction Measures-CommentsClose CommentsPermalink





(1) STUDY- The Comptroller General of the United States shall conduct a study to determine whether additional gasoline reduction measures by Federal departments, agencies, and Congress are technically feasible.CommentsClose CommentsPermalink





(2) REPORT- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study, including any recommendations.CommentsClose CommentsPermalink

SEC. 233. CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.

(a) In General- Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.

‘(a) Allowance of Credit-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount determined under paragraph (2) with respect to any new fuel-efficient motor vehicle placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(2) CREDIT AMOUNT- The amount determined under this paragraph shall be--CommentsClose CommentsPermalink





‘(A) $500, if the new fuel-efficient motor vehicle achieves a city fuel economy which is 42 miles per gallon or less,CommentsClose CommentsPermalink





‘(B) $1,000, if the new fuel-efficient motor vehicle achieves a city fuel economy which is greater than 42 miles per gallon but less than 45.6 miles per gallon,CommentsClose CommentsPermalink





‘(C) $1,500, if the new fuel-efficient motor vehicle achieves a city fuel economy which is greater than 45.5 miles per gallon but less than 49.1 miles per gallon,CommentsClose CommentsPermalink





‘(D) $2,000, if the new fuel-efficient motor vehicle achieves a city fuel economy which is greater than 49 miles per gallon but less than 52.6 miles per gallon, andCommentsClose CommentsPermalink





‘(E) $2,500, if the new fuel-efficient motor vehicle achieves a city fuel economy which is greater than 52.5 miles per gallon.CommentsClose CommentsPermalink





‘(b) New Fuel-Efficient Motor Vehicle- For purposes of this section, the term ‘new fuel-efficient motor vehicle’ means any motor vehicle--CommentsClose CommentsPermalink





‘(1) which has a gross vehicle weight rating of not more than 8,500 pounds,CommentsClose CommentsPermalink





‘(2) which achieves a city fuel economy of at least 38.5 miles per gallon,CommentsClose CommentsPermalink





‘(3) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(4) which is acquired by the taxpayer for use or lease, but not for resale, andCommentsClose CommentsPermalink





‘(5) which is made by a manufacturer.CommentsClose CommentsPermalink





‘(c) Other Definitions and Special Rules- For purposes of this section--CommentsClose CommentsPermalink





‘(1) CITY FUEL ECONOMY; MANUFACTURER- The terms ‘city fuel economy’ and ‘manufacturer’ have the meanings given such terms under section 30B(h).CommentsClose CommentsPermalink





‘(2) BASIS REDUCTION- The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit.CommentsClose CommentsPermalink





‘(3) RECAPTURE; PROPERTY USED OUTSIDE THE UNITED STATES; ELECTION NOT TO TAKE CREDIT- For purposes of this section, rules similar to the rules of paragraphs (2), (3), and (4) of section 30(d) shall apply.CommentsClose CommentsPermalink





‘(4) DENIAL OF DOUBLE BENEFIT- No credit shall be allowed under this section with respect to any new fuel-efficient motor vehicle if a credit is allowed with respect to such vehicle under section 30, 30B, or 30D.CommentsClose CommentsPermalink





‘(d) Application With Other Credits-CommentsClose CommentsPermalink





‘(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).CommentsClose CommentsPermalink





‘(2) PERSONAL CREDIT- The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of--CommentsClose CommentsPermalink





‘(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30D, overCommentsClose CommentsPermalink





‘(B) the tentative minimum tax for the taxable year.CommentsClose CommentsPermalink





‘(e) Termination- This section shall not apply to property placed in service after December 31, 2011.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 38(b) of the Internal Revenue Code of 1986, as amended by this Act, is amended by striking ‘plus’ at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ‘, plus’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(37) the portion of the new fuel-efficient motor vehicle credit to which section 30E(d)(1) applies.’.CommentsClose CommentsPermalink





(2) Section 55(c)(3) of such Code is amended by inserting ‘30E(d)(2),’ after ‘30C(d)(2),’.CommentsClose CommentsPermalink





(3) Section 1016(a) of such Code is amended by striking ‘and’ at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(38) to the extent provided in section 30E(c)(2).’.CommentsClose CommentsPermalink





(4) Section 6501(m) of such Code, as amended by the American Recovery and Reinvestment Tax Act of 2009, is amended by inserting ‘30E(c)(3),’ after ‘30D(e)(4),’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 30E. Fuel-efficient motor vehicle credit.’.CommentsClose CommentsPermalink





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

PART II--OTHER ENERGY EFFICIENCY PROGRAMS

SEC. 241. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS.

Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) is amended--CommentsClose CommentsPermalink





(1) in paragraph (13), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating paragraph (14) as paragraph (15); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (13) the following:CommentsClose CommentsPermalink





‘(14) development, implementation, and installation of smart grid technologies and smart grid functions (as defined in section 1306(d)); and’.CommentsClose CommentsPermalink

SEC. 242. SMART GROWTH.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) 2/3 of the oil consumed in the United States is used in the transportation sector;CommentsClose CommentsPermalink





(2) increasing vehicle miles traveled (which rose by 3 times the rate of the United States population since 1980) are responsible in part for increasing oil consumption;CommentsClose CommentsPermalink





(3) on average, people drive 1/3 fewer miles in smart growth neighborhoods, which are walkable and prioritize making shops and services more conveniently located, compared to auto-dependent neighborhoods;CommentsClose CommentsPermalink





(4) living in smart growth neighborhoods saves residents $300 to $400 a month, or up to $4,800 a year, on gas expenses alone, according to research by the Center for Neighborhood Technology;CommentsClose CommentsPermalink





(5) households with access to good transit service and in smart growth areas spend only 9 percent of the income of the households on transportation, while households in auto-dependent areas can spend up to 25 percent on transportation on average;CommentsClose CommentsPermalink





(6) according to a study commissioned by the American Council for an Energy Efficient Economy, shifting just 10 percent of new United States housing starts to smart growth would save 4,950,000,000 gallons of gasoline, 118,000,000 million barrels of oil, 59,500,000 metric tons of carbon dioxide, and $220,000,000,000 in household expenses over 10 years;CommentsClose CommentsPermalink





(7) Congress should support State and local governments in promoting sustainable, smart-growth oriented communities that help save energy and reduce spending on gasoline;CommentsClose CommentsPermalink





(8) the Environmental Protection Agency has maintained a smart growth office, the Development, Community, and Environment Division, that has provided technical assistance to communities that apply to promote smart growth principles; andCommentsClose CommentsPermalink





(9) in 2007, the Environmental Protection Agency received 65 applications for the smart growth program of the Agency, but had enough resources to fund only 5 applications.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency, acting through the Development, Community, and Environment Division.CommentsClose CommentsPermalink





(2) SMART GROWTH- The term ‘smart growth’ means development, in an environmentally and economically sustainable manner, with the goals of--CommentsClose CommentsPermalink





(A) expanding the range of transportation, housing, and employment that are convenient to communities;CommentsClose CommentsPermalink





(B) promoting more energy efficient forms of development and transportation;CommentsClose CommentsPermalink





(C) strengthening and directing development towards existing communities, which saves open space, energy, and costs;CommentsClose CommentsPermalink





(D) taking advantage of compact building design, which is more energy-efficient and helps foster walkable neighborhoods; andCommentsClose CommentsPermalink





(E) making development decisions predictable, fair, and cost-effective while encouraging community and stakeholder collaboration.CommentsClose CommentsPermalink





(c) Program- To promote smart growth, the Administrator shall--CommentsClose CommentsPermalink





(1) provide technical assistance to create more energy-efficient communities that provide more transportation choices for people;CommentsClose CommentsPermalink





(2) conduct research and policy development relating to smart growth and energy;CommentsClose CommentsPermalink





(3) conduct public outreach and public education on best practices for smart growth; andCommentsClose CommentsPermalink





(4) provide matching funds for cross-agency initiatives conducted by and with other Federal agencies to promote energy conservation through smart growth.CommentsClose CommentsPermalink





(d) Allocation of Technical Assistance Funds- The Administrator shall allocate technical assistance funding under this section on the basis of--CommentsClose CommentsPermalink





(1) the geographic diversity of communities over the course of the fiscal year;CommentsClose CommentsPermalink





(2) the potential impact on energy and oil savings; andCommentsClose CommentsPermalink





(3) the likelihood of success and policy implementation at the State or local level.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to the Administrator to carry out this section $25,000,000 for each fiscal year, of which (to the maximum extent practicable)--CommentsClose CommentsPermalink





(1)(A) $15,000,000 shall be used to provide technical assistance to create more energy-efficient communities that provide more transportation choices for people; andCommentsClose CommentsPermalink





(B) $1,500,000 shall be used to expand the staff capacity to provide the technical assistance;CommentsClose CommentsPermalink





(2) $3,500,000 shall be used to conduct research and policy development relating to smart growth and energy;CommentsClose CommentsPermalink





(3) $2,000,000 shall be used to conduct public outreach and public education on best practices for smart growth; andCommentsClose CommentsPermalink





(4) $3,000,000 shall be used to provide matching funds for cross-agency initiatives conducted by and with other Federal agencies to promote energy conservation through smart growth.CommentsClose CommentsPermalink

Subtitle E--Incentives for Innovative TechnologiesCommentsClose CommentsPermalink

SEC. 251. SECURITY FOR LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGY PROJECTS.

Section 1702(g)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(D) SECURITY- Notwithstanding subparagraphs (A) through (C), a loan guarantee made before, on, or after the date of enactment of this subparagraph for a project covered by subsection (a) shall be considered to be in compliance with this paragraph--CommentsClose CommentsPermalink





‘(i) regardless of whether or the extent to which the Secretary requires the loan to be secured by any project or other property; andCommentsClose CommentsPermalink





‘(ii) regardless of the priority, if any, of any such security with respect to any interest of any other creditor of the borrower in the property.’.CommentsClose CommentsPermalink

TITLE III--EXPANDING DOMESTIC ENERGY PRODUCTIONCommentsClose CommentsPermalink

Subtitle A--Oil and Gas Production on the Outer Continental ShelfCommentsClose CommentsPermalink

SEC. 301. PRODUCTION OF OIL AND GAS ON OUTER CONTINENTAL SHELF.

(a) In General- Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Prohibition on Export- All oil and natural gas produced on the outer Continental Shelf of the United States under this Act shall be made available for refining and sale solely within the United States.CommentsClose CommentsPermalink





‘(j) Special Commission on Offshore Oil and Gas Leasing-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- There is established a commission, to be known as the ‘Special Commission on Offshore Oil and Gas Leasing’ (referred to in this subsection as the ‘Commission’).CommentsClose CommentsPermalink





‘(B) MEMBERSHIP- The Commission shall be composed of 15 members, of whom--CommentsClose CommentsPermalink





‘(i) 3 shall be appointed by the President;CommentsClose CommentsPermalink





‘(ii) 3 shall be appointed by the majority leader of the Senate;CommentsClose CommentsPermalink





‘(iii) 3 shall be appointed by the minority leader of the Senate;CommentsClose CommentsPermalink





‘(iv) 3 shall be appointed by the Speaker of the House of Representatives; andCommentsClose CommentsPermalink





‘(v) 3 shall be appointed by the minority leader of the House of Representatives.CommentsClose CommentsPermalink





‘(C) CO-CHAIRPERSONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The President shall designate 2 co-chairpersons from among the members of the Commission appointed.CommentsClose CommentsPermalink





‘(ii) POLITICAL AFFILIATION- The co-chairpersons designated under clause (i) shall not both be affiliated with the same political party.CommentsClose CommentsPermalink





‘(D) DEADLINE FOR APPOINTMENT- Members of the Commission shall be appointed not later than 90 days after the date of enactment of the SMART Energy Act.CommentsClose CommentsPermalink





‘(E) TERM; VACANCIES-CommentsClose CommentsPermalink





‘(i) TERM- A member of the Commission shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





‘(ii) VACANCIES- Any vacancy in the Commission--CommentsClose CommentsPermalink





‘(I) shall not affect the powers of the Commission; andCommentsClose CommentsPermalink





‘(II) shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink





‘(2) FUNCTIONS- The Commission shall--CommentsClose CommentsPermalink





‘(A) review--CommentsClose CommentsPermalink





‘(i) the results of the comprehensive inventory of outer Continental Shelf oil and natural gas resources conducted under section 357 of the Energy Policy Act of 2005 (42 U.S.C. 15912);CommentsClose CommentsPermalink





‘(ii) all existing information and data on potential oil and natural gas reserves in the outer Continental Shelf;CommentsClose CommentsPermalink





‘(iii) other information relating to the environmental impact, community acceptance, existing and planned infrastructure, and other factors that are relevant to the recommendation required under subparagraph (B);CommentsClose CommentsPermalink





‘(iv) the report by the Secretary on the most prospective outer Continental Shelf oil and natural gas areas; andCommentsClose CommentsPermalink





‘(v) input from coastal States; andCommentsClose CommentsPermalink





‘(B) based on the review conducted under subparagraph (A), make detailed recommendations to Congress and the Secretary, beginning 1 year after the date on which the Commission is established, on--CommentsClose CommentsPermalink





‘(i) the areas on the outer Continental Shelf that should immediately become available for oil and gas leasing based on the most recent 5-year plan, production potential, environmental factors, community acceptance, existing and planned infrastructure, and other relevant factors; andCommentsClose CommentsPermalink





‘(ii) the areas on the outer Continental Shelf that should be the subject of further inventory (including use of 3-dimensional seismic technology and drilling or other technology necessary for a more complete inventory analysis) and evaluation in order to determine future production.CommentsClose CommentsPermalink





‘(3) COMMISSION PERSONNEL MATTERS-CommentsClose CommentsPermalink





‘(A) STAFF AND DIRECTOR- The Commission shall have a staff headed by an Executive Director.CommentsClose CommentsPermalink





‘(B) STAFF APPOINTMENT- The Executive Director may appoint such personnel as the Executive Director and the Commission determine to be appropriate.CommentsClose CommentsPermalink





‘(C) EXPERTS AND CONSULTANTS- With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.CommentsClose CommentsPermalink





‘(D) FEDERAL AGENCIES-CommentsClose CommentsPermalink





‘(i) DETAIL OF GOVERNMENT EMPLOYEES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- On the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission.CommentsClose CommentsPermalink





‘(II) NATURE OF DETAIL- Any detail of a Federal employee under subclause (I) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.CommentsClose CommentsPermalink





‘(ii) TECHNICAL ASSISTANCE- On the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out the duties of the Commission.CommentsClose CommentsPermalink





‘(4) RESOURCES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall have reasonable access to materials, resources, statistical data, and such other information from Executive agencies as the Commission determines to be necessary to carry out the duties of the Commission.CommentsClose CommentsPermalink





‘(B) FORM OF REQUESTS- The co-chairpersons of the Commission shall make requests for access described in subparagraph (A) in writing, as necessary.CommentsClose CommentsPermalink





‘(5) AUTHORIZATION OF APPROPRIATIONS- In addition to funds made available from the Energy Security Trust Fund under section 9511(c)(2) of the Internal Revenue Code of 1986, there are authorized to be appropriated such sums as are necessary to carry out this subsection.’.CommentsClose CommentsPermalink





(b) Identification of Most Prospective Outer Continental Shelf Oil and Natural Gas Areas- Section 357 of the Energy Policy Act of 2005 (42 U.S.C. 15912) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 357. IDENTIFICATION OF MOST PROSPECTIVE OUTER CONTINENTAL SHELF OIL AND NATURAL GAS AREAS.

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





‘(1) PROSPECTIVE AREA- The term ‘prospective area’ means a portion of any area of the outer Continental Shelf that may contain recoverable oil or gas in accordance with the most recent 5-year plan.CommentsClose CommentsPermalink





‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





‘(3) SPECIAL COMMISSION- The term ‘Special Commission’ means the Special Commission on Offshore Oil and Gas Leasing established under section 18(j) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(j)).CommentsClose CommentsPermalink





‘(b) Inventory-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall identify the most prospective areas for recoverable oil and gas accumulations for industry exploration.CommentsClose CommentsPermalink





‘(2) INFORMATION- In identifying the prospective areas, the Secretary shall take into account any existing information on the geological potential for oil and gas or acquire new data as appropriate to assist in narrowing down prospective areas.CommentsClose CommentsPermalink





‘(3) TECHNOLOGY- The Secretary may use any available geological, geophysical, economic, engineering, and other scientific technology to obtain accurate estimates of resource potential.CommentsClose CommentsPermalink





‘(4) OTHER FACTORS- In identifying the prospective areas, the Secretary shall consider--CommentsClose CommentsPermalink





‘(A) the political acceptability of new production in the coastal area;CommentsClose CommentsPermalink





‘(B) the willingness of the State or region for new production off of the coasts of the State or region and other matters that may affect the speed with which a prospective area can be leased, developed, and used to produce oil or natural gas; andCommentsClose CommentsPermalink





‘(C) other factors determined by the Secretary.CommentsClose CommentsPermalink





‘(c) Acquisition of Geological and Geophysical Data-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may acquire and process new geological and geophysical data or use existing geological and geophysical data for any area of the outer Continental Shelf if the Secretary determines that additional information is needed to identify and assess potential prospective areas.CommentsClose CommentsPermalink





‘(2) TECHNOLOGY- In carrying out this subsection, the Secretary shall use any available technology (other than drilling), including 3-dimensional seismic technology, to obtain an accurate estimate of resource potential.CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF DATA- In the case of newly acquired geological and geophysical data under this subsection, the Secretary--CommentsClose CommentsPermalink





‘(A) may make the data available on a cost recovery basis to recover the full costs expended for acquisition and processing of new geological and geophysical data; andCommentsClose CommentsPermalink





‘(B) shall make the data available to the Special Commission.CommentsClose CommentsPermalink





‘(d) Administration-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As soon as practicable, but not later than 1 year, after the date of enactment of the SMART Energy Act, to expedite collection of geological and geophysical data under this section, each Federal agency shall conduct and complete any analyses or consultations that are required to carry out this section.CommentsClose CommentsPermalink





‘(2) PROTECTED SPECIES- Before conducting any geological and geophysical survey required under this section in any prospective area, the Secretary shall, at a minimum, implement the mitigation, monitoring, and reporting measures that are used for protected species in the Gulf of Mexico region.CommentsClose CommentsPermalink





‘(e) Environmental and Socioeconomic Studies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall conduct, directly or by contract, environmental or socioeconomic studies for any prospective area identified under subsection (b) immediately on identifying the prospective area.CommentsClose CommentsPermalink





‘(2) INTERAGENCY ACTION- The Secretary, acting through the Minerals Management Service, may work jointly with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, or other relevant agencies--CommentsClose CommentsPermalink





‘(A) to compile existing environmental and socioeconomic information on prospective areas; orCommentsClose CommentsPermalink





‘(B) obtain new environmental or socioeconomic studies for identified prospective areas.CommentsClose CommentsPermalink





‘(f) Sharing Information With States and Other Stakeholders-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(A) share the information with the Special Commission; andCommentsClose CommentsPermalink





‘(B) establish a process--CommentsClose CommentsPermalink





‘(i) to share information identified by actions taken under this section to identify the most prospective areas; andCommentsClose CommentsPermalink





‘(ii) to obtain input from States or other stakeholders on the prospective areas.CommentsClose CommentsPermalink





‘(2) PROCESS- The process shall include workshops or meetings with--CommentsClose CommentsPermalink





‘(A) the public;CommentsClose CommentsPermalink





‘(B) Governors or designated officials from appropriate States; andCommentsClose CommentsPermalink





‘(C) other relevant user groups.CommentsClose CommentsPermalink





‘(g) Reports-CommentsClose CommentsPermalink





‘(1) IDENTIFICATION OF PROSPECTIVE AREAS- Not later than 180 days after the date of enactment of the SMART Energy Act, the Secretary shall submit to Congress and the Special Commission a report that includes--CommentsClose CommentsPermalink





‘(A) an identification of the most prospective oil and gas areas within areas of the outer Continental Shelf using existing information;CommentsClose CommentsPermalink





‘(B) a summary of environmental and socioeconomic information relating to the prospective areas; andCommentsClose CommentsPermalink





‘(C) a schedule for completion of any environmental or socioeconomic impact studies or consultations planned for those prospective areas.CommentsClose CommentsPermalink





‘(2) POTENTIAL OF PROSPECTIVE AREAS- Not later than 90 days after the date which the Special Commission submits recommendations to Congress and the Secretary under section 18(j)(2)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(j)(2)(B)), the Secretary shall submit to Congress a plan to commence leasing activities in the most prospective areas that includes--CommentsClose CommentsPermalink





‘(A) the recommendations of the Special Commission and an explanation for any recommendations that are not followed;CommentsClose CommentsPermalink





‘(B) a description of the consultation process under subsection (f) used to share information and obtain input from stakeholders and a report on the results of the process; andCommentsClose CommentsPermalink





‘(C) recommendations on approaches for recovery of costs expended for acquisition and processing of new geological and geophysical data or conducting other studies for the report.CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- In addition to funds made available from the Energy Security Trust Fund under section 9511(c)(2) of the Internal Revenue Code of 1986, there are authorized to be appropriated such sums as are necessary to carry out this section.’.CommentsClose CommentsPermalink