HR 2556 IH
110th CONGRESS
1st Session
H. R. 2556
To enhance the energy security of the United States by promoting
biofuels, energy efficiency, and carbon capture and storage, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
May 24, 2007
Mrs. WILSON of New Mexico introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the Committees on
Science and Technology, Transportation and Infrastructure, Oversight and
Government Reform, and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
A BILL
To enhance the energy security of the United States by promoting
biofuels, energy efficiency, and carbon capture and storage, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Energy Savings Act of
2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.
Subtitle B--Renewable Fuels Infrastructure
Sec. 121. Infrastructure pilot program for renewable fuels.
Sec. 122. Bioenergy research and development.
Sec. 123. Bioresearch centers for systems biology program.
Sec. 124. Loan guarantees for renewable fuel facilities.
Sec. 125. Grants for renewable fuel production research and development
in certain States.
Sec. 126. Grants for infrastructure for transportation of biomass to
local biorefineries.
Sec. 127. Biorefinery information center.
Sec. 128. Alternative fuel database and materials.
Sec. 129. Fuel tank cap labeling requirement.
Subtitle C--Studies
Sec. 141. Study of advanced biofuels technologies.
Sec. 142. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 143. Pipeline feasibility study.
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 145. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 146. Study of engine durability associated with the use of
biodiesel.
Sec. 147. Study of incentives for renewable fuels.
Sec. 148. Study of streamlined lifecycle analysis tools for the
evaluation of renewable carbon content of biofuels.
Sec. 149. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 150. Study of effects of ethanol-blended gasoline on off road
vehicles.
TITLE II--ENERGY EFFICIENCY PROMOTION
Subtitle A--Promoting Advanced Lighting Technologies
Sec. 211. Accelerated procurement of energy efficient lighting.
Sec. 212. Incandescent reflector lamp efficiency standards.
Sec. 213. Bright Tomorrow Lighting Prizes.
Sec. 214. Renewable energy construction grants.
Subtitle B--Expediting New Energy Efficiency Standards
Sec. 221. Definition of energy conservation standard.
Sec. 222. Regional efficiency standards for heating and cooling
products.
Sec. 223. Furnace fan rulemaking.
Sec. 224. Expedited rulemakings.
Sec. 225. Periodic reviews.
Sec. 226. Energy efficiency labeling for consumer products.
Sec. 227. Residential boiler efficiency standards.
Sec. 228. Technical corrections.
Sec. 229. Electric motor efficiency standards.
Sec. 230. Energy standards for home appliances.
Sec. 231. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 232. Deployment of new technologies for high-efficiency consumer
products.
Sec. 233. Industrial efficiency program.
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
Sec. 241. Lightweight materials research and development.
Sec. 242. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 243. Advanced technology vehicles manufacturing incentive
program.
Sec. 244. Energy storage competitiveness.
Sec. 245. Advanced transportation technology program.
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. National goals for energy savings in transportation.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and Renewable
Energy
Sec. 261. Federal fleet conservation requirements.
Sec. 262. Federal requirement to purchase electricity generated by
renewable energy.
Sec. 263. Energy savings performance contracts.
Sec. 264. Energy management requirements for Federal buildings.
Sec. 265. Combined heat and power and district energy installations at
Federal sites.
Sec. 266. Federal building energy efficiency performance
standards.
Sec. 267. Application of International Energy Conservation Code to
public and assisted housing.
Sec. 268. Energy efficient commercial buildings initiative.
Subtitle F--Assisting State and Local Governments in Energy Efficiency
Sec. 271. Weatherization assistance for low-income persons.
Sec. 272. State energy conservation plans.
Sec. 273. Utility energy efficiency programs.
Sec. 274. Energy efficiency and demand response program
assistance.
Sec. 275. Energy and environmental block grant.
Sec. 276. Energy sustainability and efficiency grants for institutions
of higher education.
Sec. 277. Workforce training.
Sec. 278. Assistance to States to reduce school bus idling.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 302. Carbon capture and storage research, development, and
demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of Energy.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
SEC. 101. SHORT TITLE.
This title may be cited as the `Biofuels for Energy Security and
Transportation Act of 2007'.
SEC. 102. DEFINITIONS.
(A) IN GENERAL- The term `advanced biofuel' means fuel derived from
renewable biomass other than corn starch.
(B) INCLUSIONS- The term `advanced biofuel' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than ethanol
derived from corn starch;
(iii) ethanol derived from waste material, including crop residue,
other vegetative waste material, animal waste, and food waste and yard
waste;
(iv) diesel-equivalent fuel derived from renewable biomass,
including vegetable oil and animal fat;
(v) biogas produced through the conversion of organic matter from
renewable biomass; and
(vi) butanol or higher alcohols produced through the conversion of
organic matter from renewable biomass.
(2) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol'
means ethanol derived from any cellulose, hemicellulose, or lignin that is
derived from renewable biomass.
(3) CONVENTIONAL BIOFUEL- The term `conventional biofuel' means ethanol
derived from corn starch.
(4) RENEWABLE BIOMASS- The term `renewable biomass' means--
(A) biomass (as defined by section 210 of the Energy Policy Act of
2005 (42 U.S.C. 15855)) (excluding the bole of old-growth trees of a
forest from the late successional state of forest development) that is
harvested where permitted by law and in accordance with applicable land
management plans from--
(i) National Forest System land; or
(ii) public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)); or
(B) any organic matter that is available on a renewable or recurring
basis from non-Federal land or from land belonging to an Indian tribe, or
an Indian individual, that is held in trust by the United States or
subject to a restriction against alienation imposed by the United States,
including--
(i) renewable plant material, including--
(II) other agricultural commodities;
(III) other plants and trees; and
(ii) waste material, including--
(II) other vegetative waste material (including wood waste and
wood residues);
(III) animal waste and byproducts (including fats, oils, greases,
and manure); and
(IV) food waste and yard waste.
(A) IN GENERAL- The term `renewable fuel' means motor vehicle fuel,
boiler fuel, or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel present
in a fuel or fuel mixture used to operate a motor vehicle, boiler, or
furnace.
(B) INCLUSION- The term `renewable fuel' includes--
(i) conventional biofuel; and
(6) SMALL REFINERY- The term `small refinery' means a refinery for which
the average aggregate daily crude oil throughput for a calendar year (as
determined by dividing the aggregate throughput for the calendar year by the
number of days in the calendar year) does not exceed 75,000 barrels.
Subtitle A--Renewable Fuel Standard
SEC. 111. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program-
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the President shall promulgate regulations to ensure that motor
vehicle fuel, home heating oil, and boiler fuel sold or introduced into
commerce in the United States (except in noncontiguous States or
territories), on an annual average basis, contains the applicable volume
of renewable fuel determined in accordance with paragraph (2).
(B) PROVISIONS OF REGULATIONS- Regardless of the date of promulgation,
the regulations promulgated under subparagraph (A)--
(i) shall contain compliance provisions applicable to refineries,
blenders, distributors, and importers, as appropriate, to ensure
that--
(I) the requirements of this subsection are met;
and
(II) renewable fuels produced from facilities built after the date
of enactment of this Act achieve at least a 20 percent reduction in
life cycle greenhouse gas emissions compared to gasoline;
but
(I) restrict geographic areas in the contiguous United States in
which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of renewable
fuel.
(C) RELATIONSHIP TO OTHER REGULATIONS- Regulations promulgated under
this paragraph shall, to the maximum extent practicable, incorporate the
program structure, compliance, and reporting requirements established
under the final regulations promulgated to implement the renewable fuel
program established by the amendment made by section 1501(a)(2) of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1067).
(A) CALENDAR YEARS 2008 THROUGH 2022-
(i) RENEWABLE FUEL- For the purpose of paragraph (1), subject to
clause (ii), the applicable volume for any of calendar years 2008
through 2022 shall be determined in accordance with the following
table:
Applicable volume of renewable fuel
Calendar year:
(in billions of gallons):
2008
8.5
2009
10.5
2010
12.0
2011
12.6
2012
13.2
2013
13.8
2014
14.4
2015
15.0
2016
18.0
2017
21.0
2018
24.0
2019
27.0
2020
30.0
2021
33.0
2022
36.0.
(ii) ADVANCED BIOFUELS- For the purpose of paragraph (1), of the
volume of renewable fuel required under clause (i), the applicable
volume for any of calendar years 2016 through 2022 for advanced biofuels
shall be determined in accordance with the following table:
Applicable volume of advanced biofuels
Calendar year:
(in billions of gallons):
2016
3.0
2017
6.0
2018
9.0
2019
12.0
2020
15.0
2021
18.0
2022
21.0.
(B) CALENDAR YEAR 2023 AND THEREAFTER- Subject to subparagraph (C),
for the purposes of paragraph (1), the applicable volume for calendar year
2023 and each calendar year thereafter shall be determined by the
President, in coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental Protection Agency,
based on a review of the implementation of the program during calendar
years 2007 through 2022, including a review of--
(i) the impact of renewable fuels on the energy security of the
United States;
(ii) the expected annual rate of future production of renewable
fuels, including advanced biofuels;
(iii) the impact of renewable fuels on the infrastructure of the
United States, including deliverability of materials, goods, and
products other than renewable fuel, and the sufficiency of
infrastructure to deliver renewable fuel; and
(iv) the impact of the use of renewable fuels on other factors,
including job creation, the price and supply of agricultural
commodities, rural economic development, and the
environment.
(C) MINIMUM APPLICABLE VOLUME- Subject to subparagraph (D), for the
purpose of paragraph (1), the applicable volume for calendar year 2023 and
each calendar year thereafter shall be equal to the product obtained by
multiplying--
(i) the number of gallons of gasoline that the President estimates
will be sold or introduced into commerce in the calendar year;
and
(I) 36,000,000,000 gallons of renewable fuel; bears
to
(II) the number of gallons of gasoline sold or introduced into
commerce in calendar year 2022.
(D) MINIMUM PERCENTAGE OF ADVANCED BIOFUEL- For the purpose of
paragraph (1) and subparagraph (C), at least 60 percent of the minimum
applicable volume for calendar year 2023 and each calendar year thereafter
shall be advanced biofuel.
(b) Applicable Percentages-
(1) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE SALES- Not later than
October 31 of each of calendar years 2008 through 2021, the Administrator of
the Energy Information Administration shall provide to the President an
estimate, with respect to the following calendar year, of the volumes of
gasoline projected to be sold or introduced into commerce in the United
States.
(2) DETERMINATION OF APPLICABLE PERCENTAGES-
(A) IN GENERAL- Not later than November 30 of each of calendar years
2008 through 2022, based on the estimate provided under paragraph (1), the
President shall determine and publish in the Federal Register, with
respect to the following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) REQUIRED ELEMENTS- The renewable fuel obligation determined for a
calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers, as
appropriate;
(ii) be expressed in terms of a volume percentage of gasoline sold
or introduced into commerce in the United States; and
(iii) subject to paragraph (3)(A), consist of a single applicable
percentage that applies to all categories of persons specified in clause
(i).
(3) ADJUSTMENTS- In determining the applicable percentage for a calendar
year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on any person
specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the previous
calendar year by small refineries that are exempt under subsection
(g).
(c) Volume Conversion Factors for Renewable Fuels Based on Energy Content
or Requirements-
(1) IN GENERAL- For the purpose of subsection (a), the President shall
assign values to specific types of advanced biofuels for the purpose of
satisfying the fuel volume requirements of subsection (a)(2) in accordance
with this subsection.
(2) ENERGY CONTENT RELATIVE TO ETHANOL- For advanced biofuel, 1 gallon
of the advanced biofuel shall be considered to be the equivalent of 1 gallon
of renewable fuel multiplied by the ratio that--
(A) the number of British thermal units of energy produced by the
combustion of 1 gallon of the advanced biofuel (as measured under
conditions determined by the Secretary); bears to
(B) the number of British thermal units of energy produced by the
combustion of 1 gallon of pure ethanol (as measured under conditions
determined by the Secretary to be comparable to conditions described in
subparagraph (A)).
(3) TRANSITIONAL ENERGY-RELATED CONVERSION FACTORS FOR CELLULOSIC
BIOMASS ETHANOL- For any of calendar years 2008 through 2015, 1 gallon of
cellulosic biomass ethanol shall be considered to be the equivalent of 2.5
gallons of renewable fuel.
(1) IN GENERAL- The President, in consultation with the Secretary and
the Administrator of the Environmental Protection Agency, shall implement a
credit program to manage the renewable fuel requirement of this section in a
manner consistent with the credit program established by the amendment made
by section 1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 1067).
(2) MARKET TRANSPARENCY- In carrying out the credit program under this
subsection, the President shall facilitate price transparency in markets for
the sale and trade of credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the protection of
consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use-
(1) STUDY- For each of calendar years 2008 through 2022, the
Administrator of the Energy Information Administration shall conduct a study
of renewable fuel blending to determine whether there are excessive seasonal
variations in the use of renewable fuel.
(2) REGULATION OF EXCESSIVE SEASONAL VARIATIONS- If, for any calendar
year, the Administrator of the Energy Information Administration, based on
the study under paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to ensure that 25
percent or more of the quantity of renewable fuel necessary to meet the
requirements of subsection (a) is used during each of the 2 periods
specified in paragraph (4) of each subsequent calendar year.
(3) DETERMINATIONS- The determinations referred to in paragraph (2) are
that--
(A) less than 25 percent of the quantity of renewable fuel necessary
to meet the requirements of subsection (a) has been used during 1 of the 2
periods specified in paragraph (4) of the calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years; and
(C) promulgating regulations or other requirements to impose a 25
percent or more seasonal use of renewable fuels will not
significantly--
(i) increase the price of motor fuels to the consumer;
or
(ii) prevent or interfere with the attainment of national ambient
air quality standards.
(4) PERIODS- The 2 periods referred to in this subsection are--
(A) April through September; and
(B) January through March and October through December.
(1) IN GENERAL- The President, in consultation with the Secretary of
Energy, the Secretary of Agriculture, and the Administrator of the
Environmental Protection Agency, may waive the requirements of subsection
(a) in whole or in part on petition by one or more States by reducing the
national quantity of renewable fuel required under subsection (a), based on
a determination by the President (after public notice and opportunity for
comment), that--
(A) implementation of the requirement would severely harm the economy
or environment of a State, a region, or the United States; or
(B) extreme and unusual circumstances exist that prevent distribution
of an adequate supply of domestically-produced renewable fuel to consumers
in the United States.
(2) PETITIONS FOR WAIVERS- The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the Administrator of
the Environmental Protection Agency, shall approve or disapprove a State
petition for a waiver of the requirements of subsection (a) within 90 days
after the date on which the petition is received by the President.
(3) TERMINATION OF WAIVERS- A waiver granted under paragraph (1) shall
terminate after 1 year, but may be renewed by the President after
consultation with the Secretary of Energy, the Secretary of Agriculture, and
the Administrator of the Environmental Protection Agency.
(4) REPORT TO CONGRESS- If the Secretary makes a determination under
paragraph (1)(B) that railroad transportation of domestically-produced
renewable fuel is inadequate, based on either the service provided by, or
the price of, the railroad transportation, the President shall submit to
Congress a report that describes--
(A) the actions the Federal Government is taking, or will take, to
address the inadequacy, including a description of the specific powers of
the applicable Federal agencies; and
(B) if the President finds that there are inadequate Federal powers to
address the railroad service or pricing inadequacies, recommendations for
legislation to provide appropriate powers to Federal agencies to address
the inadequacies.
(A) IN GENERAL- The requirements of subsection (a) shall not apply
to--
(i) small refineries (other than a small refinery described in
clause (ii)) until calendar year 2013; and
(ii) small refineries owned by a small business refiner (as defined
in section 45H(c) of the Internal Revenue Code of 1986) until calendar
year 2015.
(B) EXTENSION OF EXEMPTION-
(i) STUDY BY SECRETARY- Not later than December 31, 2008, the
Secretary shall submit to the President and Congress a report describing
the results of a study to determine whether compliance with the
requirements of subsection (a) would impose a disproportionate economic
hardship on small refineries.
(ii) EXTENSION OF EXEMPTION- In the case of a small refinery that
the Secretary determines under clause (i) would be subject to a
disproportionate economic hardship if required to comply with subsection
(a), the President shall extend the exemption under subparagraph (A) for
the small refinery for a period of not less than 2 additional
years.
(2) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC HARDSHIP-
(A) EXTENSION OF EXEMPTION- A small refinery may at any time petition
the President for an extension of the exemption under paragraph (1) for
the reason of disproportionate economic hardship.
(B) EVALUATION OF PETITIONS- In evaluating a petition under
subparagraph (A), the President, in consultation with the Secretary, shall
consider the findings of the study under paragraph (1)(B) and other
economic factors.
(C) DEADLINE FOR ACTION ON PETITIONS- The President shall act on any
petition submitted by a small refinery for a hardship exemption not later
than 90 days after the date of receipt of the petition.
(3) OPT-IN FOR SMALL REFINERIES- A small refinery shall be subject to
the requirements of subsection (a) if the small refinery notifies the
President that the small refinery waives the exemption under paragraph
(1).
(h) Penalties and Enforcement-
(A) IN GENERAL- Any person that violates a regulation promulgated
under subsection (a), or that fails to furnish any information required
under such a regulation, shall be liable to the United States for a civil
penalty of not more than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by the
person resulting from the violation, as determined by the
President.
(B) COLLECTION- Civil penalties under subparagraph (A) shall be
assessed by, and collected in a civil action brought by, the Secretary or
such other officer of the United States as is designated by the
President.
(2) INJUNCTIVE AUTHORITY-
(A) IN GENERAL- The district courts of the United States shall have
jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under the
regulation.
(B) ACTIONS- An action to restrain such violations and compel such
actions shall be brought by and in the name of the United States.
(C) SUBPOENAS- In the action, a subpoena for a witness who is required
to attend a district court in any district may apply in any other
district.
(i) Voluntary Labeling Program-
(1) IN GENERAL- The President shall establish criteria for a system of
voluntary labeling of renewable fuels based on life cycle greenhouse gas
emissions.
(2) CONSUMER EDUCATION- The President shall ensure that the labeling
system under this subsection provides useful information to consumers making
fuel purchases.
(3) FLEXIBILITY- In carrying out this subsection, the President may
establish more than 1 label, as appropriate.
(j) Effective Date- Except as otherwise specifically provided in this
section, this section takes effect on January 1, 2008.
SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE ENERGY.
(a) Definitions- In this section:
(1) FACILITY- The term `facility' means a facility used for the
production of renewable fuel.
(A) IN GENERAL- The term `renewable energy' has the meaning given the
term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)).
(B) INCLUSION- The term `renewable energy' includes biogas produced
through the conversion of organic matter from renewable biomass.
(1) IN GENERAL- The President shall provide a credit under the program
established under section 111(d) to the owner of a facility that uses
renewable energy to displace more than 90 percent of the fossil fuel
normally used in the production of renewable fuel.
(2) CREDIT AMOUNT- The President may provide the credit in a quantity
that is not more than the equivalent of 1.5 gallons of renewable fuel for
each gallon of renewable fuel produced in a facility described in paragraph
(1).
Subtitle B--Renewable Fuels Infrastructure
SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.
(a) In General- The Secretary, in consultation with the Secretary of
Transportation and the Administrator of the Environmental Protection Agency,
shall establish a competitive grant pilot program (referred to in this section
as the `pilot program'), to be administered through the Vehicle Technology
Deployment Program of the Department of Energy, to provide not more than 10
geographically-dispersed project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation authorities, or
partnerships of those entities to carry out 1 or more projects for the
purposes described in subsection (b).
(b) Grant Purposes- A grant under this section shall be used for the
establishment of refueling infrastructure corridors, as designated by the
Secretary, for gasoline blends that contain not less than 11 percent, and not
more than 85 percent, renewable fuel or diesel fuel that contains at least 10
percent renewable fuel, including--
(1) installation of infrastructure and equipment necessary to ensure
adequate distribution of renewable fuels within the corridor;
(2) installation of infrastructure and equipment necessary to directly
support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and equipment installed
as part of a project funded by the grant.
(A) IN GENERAL- Subject to subparagraph (B), not later than 90 days
after the date of enactment of this Act, the Secretary shall issue
requirements for use in applying for grants under the pilot
program.
(B) MINIMUM REQUIREMENTS- At a minimum, the Secretary shall require
that an application for a grant under this section--
(I) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of those
entities; and
(II) a registered participant in the Vehicle Technology Deployment
Program of the Department of Energy; and
(I) a description of the project proposed in the application,
including the ways in which the project meets the requirements of this
section;
(II) an estimate of the degree of use of the project, including
the estimated size of fleet of vehicles operated with renewable fuel
available within the geographic region of the corridor, measured as a
total quantity and a percentage;
(III) an estimate of the potential petroleum displaced as a result
of the project (measured as a total quantity and a percentage), and a
plan to collect and disseminate petroleum displacement and other
relevant data relating to the project to be funded under the grant,
over the expected life of the project;
(IV) a description of the means by which the project will be
sustainable without Federal assistance after the completion of the
term of the grant;
(V) a complete description of the costs of the project, including
acquisition, construction, operation, and maintenance costs over the
expected life of the project; and
(VI) a description of which costs of the project will be supported
by Federal assistance under this subsection.
(2) PARTNERS- An applicant under paragraph (1) may carry out a project
under the pilot program in partnership with public and private
entities.
(d) Selection Criteria- In evaluating applications under the pilot
program, the Secretary shall--
(1) consider the experience of each applicant with previous, similar
projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum consumption,
measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure while
maximizing, to the extent practicable, the use of advanced
biofuels;
(C) demonstrate the greatest commitment on the part of the applicant
to ensure funding for the proposed project and the greatest likelihood
that the project will be maintained or expanded after Federal assistance
under this subsection is completed;
(D) represent a partnership of public and private entities;
and
(E) exceed the minimum requirements of subsection (c)(1)(B).
(e) Pilot Project Requirements-
(1) MAXIMUM AMOUNT- The Secretary shall provide not more than
$20,000,000 in Federal assistance under the pilot program to any
applicant.
(2) COST SHARING- The non-Federal share of the cost of any activity
relating to renewable fuel infrastructure development carried out using
funds from a grant under this section shall be not less than 20
percent.
(3) MAXIMUM PERIOD OF GRANTS- The Secretary shall not provide funds to
any applicant under the pilot program for more than 2 years.
(4) DEPLOYMENT AND DISTRIBUTION- The Secretary shall seek, to the
maximum extent practicable, to ensure a broad geographic distribution of
project sites funded by grants under this section.
(5) TRANSFER OF INFORMATION AND KNOWLEDGE- The Secretary shall establish
mechanisms to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the pilot program
participants and to other interested parties, including other applicants
that submitted applications.
(A) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary shall publish in the Federal Register, Commerce
Business Daily, and such other publications as the Secretary considers to
be appropriate, a notice and request for applications to carry out
projects under the pilot program.
(B) DEADLINE- An application described in subparagraph (A) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that subparagraph.
(C) INITIAL SELECTION- Not later than 90 days after the date by which
applications for grants are due under subparagraph (B), the Secretary
shall select by competitive, peer-reviewed proposal up to 5 applications
for projects to be awarded a grant under the pilot program.
(A) IN GENERAL- Not later than 2 years after the date of enactment of
this Act, the Secretary shall publish in the Federal Register, Commerce
Business Daily, and such other publications as the Secretary considers to
be appropriate, a notice and request for additional applications to carry
out projects under the pilot program that incorporate the information and
knowledge obtained through the implementation of the first round of
projects authorized under the pilot program.
(B) DEADLINE- An application described in subparagraph (A) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that subparagraph.
(C) INITIAL SELECTION- Not later than 90 days after the date by which
applications for grants are due under subparagraph (B), the Secretary
shall select by competitive, peer-reviewed proposal such additional
applications for projects to be awarded a grant under the pilot program as
the Secretary determines to be appropriate.
(1) INITIAL REPORT- Not later than 60 days after the date on which
grants are awarded under this section, the Secretary shall submit to
Congress a report containing--
(A) an identification of the grant recipients and a description of the
projects to be funded under the pilot program;
(B) an identification of other applicants that submitted applications
for the pilot program but to which funding was not provided; and
(C) a description of the mechanisms used by the Secretary to ensure
that the information and knowledge gained by participants in the pilot
program are transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(2) EVALUATION- Not later than 2 years after the date of enactment of
this Act, and annually thereafter until the termination of the pilot
program, the Secretary shall submit to Congress a report containing an
evaluation of the effectiveness of the pilot program, including an
assessment of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to carry out this section $200,000,000, to
remain available until expended.
SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 16231(c)) is
amended--
(1) in paragraph (2), by striking `$251,000,000' and inserting
`$377,000,000'; and
(2) in paragraph (3), by striking `$274,000,000' and inserting
`$398,000,000'.
SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16317(a)(1))
is amended by inserting before the period at the end the following: `,
including the establishment of at least 11 bioresearch centers of varying
sizes, as appropriate, that focus on biofuels, of which at least 2 centers
shall be located in each of the 4 Petroleum Administration for Defense
Districts with no subdistricts and 1 center shall be located in each of the
subdistricts of the Petroleum Administration for Defense District with
subdistricts'.
SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.
(a) In General- Section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513) is amended by adding at the end the following:
`(f) Renewable Fuel Facilities-
`(1) IN GENERAL- The Secretary may make guarantees under this title for
projects that produce advanced biofuel (as defined in section 102 of the
Biofuels for Energy Security and Transportation Act of 2007).
`(2) REQUIREMENTS- A project under this subsection shall employ new or
significantly improved technologies for the production of renewable fuels as
compared to commercial technologies in service in the United States at the
time that the guarantee is issued.
`(3) ISSUANCE OF FIRST LOAN GUARANTEES- The requirement of section
20320(b) of division B of the Continuing Appropriations Resolution, 2007
(Public Law 109-289, Public Law 110-5), relating to the issuance of final
regulations, shall not apply to the first 6 guarantees issued under this
subsection.
`(4) PROJECT DESIGN- A project for which a guarantee is made under this
subsection shall have a project design that has been validated through the
operation of a continuous process pilot facility with an annual output of at
least 50,000 gallons of ethanol or the energy equivalent volume of other
advanced biofuels.
`(5) MAXIMUM GUARANTEED PRINCIPAL- The total principal amount of a loan
guaranteed under this subsection may not exceed $250,000,000 for a single
facility.
`(6) AMOUNT OF GUARANTEE- The Secretary shall guarantee 100 percent of
the principal and interest due on 1 or more loans made for a facility that
is the subject of the guarantee under paragraph (3).
`(7) DEADLINE- The Secretary shall approve or disapprove an application
for a guarantee under this subsection not later than 90 days after the date
of receipt of the application.
`(8) REPORT- Not later than 30 days after approving or disapproving an
application under paragraph (7), the Secretary shall submit to Congress a
report on the approval or disapproval (including the reasons for the
action).'.
(b) Improvements to Underlying Loan Guarantee Authority-
(1) DEFINITION OF COMMERCIAL TECHNOLOGY- Section 1701(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking subparagraph
(B) and inserting the following:
`(B) EXCLUSION- The term `commercial technology' does not include a
technology if the sole use of the technology is in connection
with--
`(i) a demonstration plant; or
`(ii) a project for which the Secretary approved a loan
guarantee.'.
(2) SPECIFIC APPROPRIATION OR CONTRIBUTION- Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by striking subsection (b)
and inserting the following:
`(b) Specific Appropriation or Contribution-
`(1) IN GENERAL- No guarantee shall be made unless--
`(A) an appropriation for the cost has been made; or
`(B) the Secretary has received from the borrower a payment in full
for the cost of the obligation and deposited the payment into the
Treasury.
`(2) LIMITATION- The source of payments received from a borrower under
paragraph (1)(B) shall not be a loan or other debt obligation that is made
or guaranteed by the Federal Government.
`(3) RELATION TO OTHER LAWS- Section 504(b) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan or loan guarantee
made in accordance with paragraph (1)(B).'.
(3) AMOUNT- Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended by striking subsection (c) and inserting the
following:
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall guarantee
up to 100 percent of the principal and interest due on 1 or more loans for a
facility that are the subject of the guarantee.
`(2) LIMITATION- The total amount of loans guaranteed for a facility by
the Secretary shall not exceed 80 percent of the total cost of the facility,
as estimated at the time at which the guarantee is issued.'.
(4) SUBROGATION- Section 1702(g)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) FEES- Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C.
16512(h)) is amended by striking paragraph (2) and inserting the
following:
`(2) AVAILABILITY- Fees collected under this subsection shall--
`(A) be deposited by the Secretary into a special fund in the Treasury
to be known as the `Incentives For Innovative Technologies Fund';
and
`(B) remain available to the Secretary for expenditure, without
further appropriation or fiscal year limitation, for administrative
expenses incurred in carrying out this title.'.
SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT IN
CERTAIN STATES.
(a) In General- The Secretary shall provide grants to eligible entities to
conduct research into, and develop and implement, renewable fuel production
technologies in States with low rates of ethanol production, including low
rates of production of cellulosic biomass ethanol, as determined by the
Secretary.
(b) Eligibility- To be eligible to receive a grant under the section, an
entity shall--
(1)(A) be an institution of higher education (as defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)) located in a State
described in subsection (a);
(i) referred to in section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note);
(ii) that is eligible for a grant under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.),
including Dine College; or
(iii) that is eligible for a grant under the Navajo Community College
Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher education, industry,
State agencies, Indian tribal agencies, or local government agencies located
in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal years
2008 through 2010.
SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF BIOMASS TO LOCAL
BIOREFINERIES.
(a) In General- The Secretary shall conduct a program under which the
Secretary shall provide grants to Indian tribal and local governments and
other eligible entities (as determined by the Secretary) (referred to in this
section as `eligible entities') to promote the development of infrastructure
to support the separation, production, processing, and transportation of
biomass to local biorefineries.
(b) Phases- The Secretary shall conduct the program in the following
phases:
(1) DEVELOPMENT- In the first phase of the program, the Secretary shall
make grants to eligible entities to assist the eligible entities in the
development of local projects to promote the development of infrastructure
to support the separation, production, processing, and transportation of
biomass to local biorefineries.
(2) IMPLEMENTATION- In the second phase of the program, the Secretary
shall make competitive grants to eligible entities to implement projects
developed under paragraph (1).
(c) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 127. BIOREFINERY INFORMATION CENTER.
(a) In General- The Secretary, in cooperation with the Secretary of
Agriculture, shall establish a biorefinery information center to make
available to interested parties information on--
(1) renewable fuel resources, including information on programs and
incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration- In administering the biorefinery information center,
the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the process for
establishing a biorefinery; and
(3) make information and assistance provided by the center available
through a toll-free telephone number and website.
(c) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.
The Secretary and the Director of the National Institute of Standards and
Technology shall jointly establish and make available to the public--
(1) a database that describes the physical properties of different types
of alternative fuel; and
(2) standard reference materials for different types of alternative
fuel.
SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.
Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C. 13232(a)) is
amended--
(1) by striking `The Federal Trade Commission' and inserting the
following:
`(1) IN GENERAL- The Federal Trade Commission'; and
(2) by adding at the end the following:
`(2) FUEL TANK CAP LABELING REQUIREMENT- Beginning with model year 2010,
the fuel tank cap of each alternative fueled vehicle manufactured for sale
in the United States shall be clearly labeled to inform consumers that such
vehicle can operate on alternative fuel.'.
SEC. 130. BIODIESEL.
(a) In General- Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on any research and
development challenges inherent in increasing to 5 percent the proportion of
diesel fuel sold in the United States that is biodiesel (as defined in section
757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
(b) Regulations- The President shall promulgate regulations providing for
the uniform labeling of biodiesel blends that are certified to meet applicable
standards published by the American Society for Testing and Materials.
(c) National Biodiesel Fuel Quality Standard-
(1) QUALITY REGULATIONS- Within 180 days following the date of enactment
of this Act, the President shall promulgate regulations to ensure that only
biodiesel that is tested and certified to comply with the American Society
for Testing and Materials (ASTM) 6751 standard is introduced into interstate
commerce.
(2) ENFORCEMENT- The President shall ensure that all biodiesel entering
interstate commerce meets the requirements of paragraph (1).
(3) FUNDING- There are authorized to be appropriated to the President to
carry out this section:
(A) $3,000,000 for fiscal year 2008.
(B) $3,000,000 for fiscal year 2009.
(C) $3,000,000 for fiscal year 2010.
Subtitle C--Studies
SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.
(a) In General- Not later than October 1, 2012, the Secretary shall offer
to enter into a contract with the National Academy of Sciences under which the
Academy shall conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope- In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced biofuels
technologies;
(2) consider whether the rate of development of those technologies will
be sufficient to meet the advanced biofuel standards required under section
111;
(3) consider the effectiveness of the research and development programs
and activities of the Department of Energy relating to advanced biofuel
technologies; and
(4) make policy recommendations to accelerate the development of those
technologies to commercial viability, as appropriate.
(c) Report- Not later than November 30, 2014, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report
describing the results of the study conducted under this section.
SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH
HIGHER LEVELS OF ETHANOL.
(a) In General- The Secretary, in cooperation with the Secretary of
Agriculture, the Administrator of the Environmental Protection Agency, and the
Secretary of Transportation, and after providing notice and an opportunity for
public comment, shall conduct a study of the feasibility of increasing
consumption in the United States of ethanol-blended gasoline with levels of
ethanol that are not less than 10 percent and not more than 40 percent.
(b) Study- The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints on increasing
consumption of ethanol;
(2) an evaluation of the economic, market, and energy-related impacts of
State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy-related impacts on
gasoline retailers and consumers of separate and distinctly labeled fuel
storage facilities and dispensers;
(4) an evaluation of the environmental impacts of mid-level ethanol
blends on evaporative and exhaust emissions from on-road, off-road, and
marine engines, recreational boats, vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol blends on the
operation, durability, and performance of on-road, off-road, and marine
engines, recreational boats, vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level ethanol blends on
consumers that own and operate off-road and marine engines, recreational
boats, vehicles, or equipment.
(c) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress a report describing the results of the
study conducted under this section.
SEC. 143. PIPELINE FEASIBILITY STUDY.
(a) In General- The Secretary, in coordination with the Secretary of
Agriculture and the Secretary of Transportation, shall conduct a study of the
feasibility of the construction of dedicated ethanol pipelines.
(b) Factors- In conducting the study, the Secretary shall consider--
(1) the quantity of ethanol production that would make dedicated
pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol pipelines,
including technical, siting, financing, and regulatory barriers;
(3) market risk (including throughput risk) and means of mitigating the
risk;
(4) regulatory, financing, and siting options that would mitigate risk
in those areas and help ensure the construction of 1 or more dedicated
ethanol pipelines;
(5) financial incentives that may be necessary for the construction of
dedicated ethanol pipelines, including the return on equity that sponsors of
the initial dedicated ethanol pipelines will require to invest in the
pipelines;
(6) technical factors that may compromise the safe transportation of
ethanol in pipelines, identifying remedial and preventative measures to
ensure pipeline integrity; and
(7) such other factors as the Secretary considers appropriate.
(c) Report- Not later than 15 months after the date of enactment of this
Act, the Secretary shall submit to Congress a report describing the results of
the study conducted under this section.
SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85
FUEL.
(a) In General- The Secretary shall conduct a study of methods of
increasing the fuel efficiency of flexible fueled vehicles by optimizing
flexible fueled vehicles to operate using E-85 fuel.
(b) Report- Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives a report that describes the results of the study, including
any recommendations of the Secretary.
SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC
VEHICLES.
(a) Definition of Electric Vehicle- In this section, the term `electric
vehicle' means an electric motor vehicle (as defined in section 601 of the
Energy Policy Act of 1992 (42 U.S.C. 13271)) for which the rechargeable
storage battery--
(1) receives a charge directly from a source of electric current that is
external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of the
vehicle.
(b) Study- The Secretary shall conduct a study on the feasibility of
issuing credits under the program established under section 111(d) to electric
vehicles powered by electricity produced from renewable energy sources.
(c) Report- Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House
of Representatives a report that describes the results of the study, including
a description of--
(1) existing programs and studies on the use of renewable electricity as
a means of powering electric vehicles; and
(A) designing a pilot program to determine the feasibility of using
renewable electricity to power electric vehicles as an adjunct to a
renewable fuels mandate;
(B) allowing the use, under the pilot program designed under
subparagraph (A), of electricity generated from nuclear energy as an
additional source of supply;
(C) identifying the source of electricity used to power electric
vehicles; and
(D) equating specific quantities of electricity to quantities of
renewable fuel under section 111(d).
SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF
BIODIESEL.
(a) In General- Not later than 30 days after the date of enactment of this
Act, the Secretary shall initiate a study on the effects of the use of
biodiesel on engine durability.
(b) Components- The study under this section shall include--
(1) an assessment of whether the use of biodiesel in conventional diesel
engines lessens engine durability; and
(2) an assessment of the effects referred to in subsection (a) with
respect to biodiesel blends at varying concentrations, including--
SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.
(a) Study- The President shall conduct a study of the renewable fuels
industry and markets in the United States, including--
(1) the costs to produce conventional and advanced biofuels;
(2) the factors affecting the future market prices for those biofuels,
including world oil prices; and
(3) the financial incentives necessary to enhance, to the maximum extent
practicable, the biofuels industry of the United States to reduce the
dependence of the United States on foreign oil during calendar years 2011
through 2030.
(b) Goals- The study shall include an analysis of the options for
financial incentives and the advantage and disadvantages of each option.
(c) Report- Not later than 1 year after the date of enactment of this Act,
the President shall submit to Congress a report that describes the results of
the study.
SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR THE EVALUATION
OF RENEWABLE CARBON CONTENT OF BIOFUELS.
(a) In General- The Secretary, in consultation with the Secretary of
Agriculture and the Administrator of the Environmental Protection Agency,
shall conduct a study of--
(1) published methods for evaluating the lifecycle fossil and renewable
carbon content of fuels, including conventional and advanced biofuels;
and
(2) methods for performing simplified, streamlined lifecycle analyses of
the fossil and renewable carbon content of biofuels.
(b) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the study under
subsection (a), including recommendations for a method for performing a
simplified, streamlined lifecycle analysis of the fossil and renewable carbon
content of biofuels that includes--
(1) carbon inputs to feedstock production; and
(2) carbon inputs to the biofuel production process, including the
carbon associated with electrical and thermal energy inputs.
SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(1) IN GENERAL- The Secretary, in consultation with the Secretary of
Transportation, shall conduct a study of the adequacy of railroad
transportation of domestically-produced renewable fuel.
(2) COMPONENTS- In conducting the study under paragraph (1), the
Secretary shall consider--
(A) the adequacy of, and appropriate location for, tracks that have
sufficient capacity, and are in the appropriate condition, to move the
necessary quantities of domestically-produced renewable fuel within the
timeframes required by section 111;
(B) the adequacy of the supply of railroad tank cars, locomotives, and
rail crews to move the necessary quantities of domestically-produced
renewable fuel in a timely fashion;
(C)(i) the projected costs of moving the domestically-produced
renewable fuel using railroad transportation; and
(ii) the impact of the projected costs on the marketability of the
domestically-produced renewable fuel;
(D) whether there is adequate railroad competition to
ensure--
(i) a fair price for the railroad transportation of
domestically-produced renewable fuel; and
(ii) acceptable levels of service for railroad transportation of
domestically-produced renewable fuel;
(E) any rail infrastructure capital costs that the railroads indicate
should be paid by the producers or distributors of domestically-produced
renewable fuel;
(F) whether Federal agencies have adequate legal authority to ensure a
fair and reasonable transportation price and acceptable levels of service
in cases in which the domestically-produced renewable fuel source does not
have access to competitive rail service;
(G) whether Federal agencies have adequate legal authority to address
railroad service problems that may be resulting in inadequate supplies of
domestically-produced renewable fuel in any area of the United States;
and
(H) any recommendations for any additional legal authorities for
Federal agencies to ensure the reliable railroad transportation of
adequate supplies of domestically-produced renewable fuel at reasonable
prices.
(b) Report- Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House
of Representatives a report that describes the results of the study conducted
under subsection (a).
SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF ROAD
VEHICLES.
(1) IN GENERAL- The Secretary, in consultation with the Secretary of
Transportation and the Administrator of the Environmental Protection Agency,
shall conduct a study to determine the effects of ethanol-blended gasoline
on off-road vehicles and recreational boats.
(2) EVALUATION- The study shall include an evaluation of the
operational, safety, durability, and environmental impacts of
ethanol-blended gasoline on off-road and marine engines, recreational boats,
and related equipment.
(b) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress a report describing the results of the
study.
TITLE II--ENERGY EFFICIENCY PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the `Energy Efficiency Promotion Act of
2007'.
Subtitle A--Promoting Advanced Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT LIGHTING.
Section 553 of the National Energy Conservation Policy Act (42 U.S.C.
8259b) is amended by adding the following:
`(f) Accelerated Procurement of Energy Efficient Lighting-
`(1) IN GENERAL- Not later than October 1, 2013, in accordance with
guidelines issued by the Secretary, all general purpose lighting in Federal
buildings shall be Energy Star products or products designated under the
Federal Energy Management Program.
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
this subsection, the Secretary shall issue guidelines to carry out this
subsection.
`(B) REPLACEMENT COSTS- The guidelines shall take into consideration
the costs of replacing all general service lighting and the reduced cost
of operation and maintenance expected to result from such
replacement.'.
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking `or similar bulb shapes (excluding ER or BR)' and
inserting `ER, BR, BPAR, or similar bulb shapes'; and
(ii) by striking `2.75' and inserting `2.25'; and
(B) by striking `is either--' and all that follows through subclause
(II) and inserting `has a rated wattage that is 40 watts or higher';
and
(2) by adding at the end the following:
`(52) BPAR INCANDESCENT REFLECTOR LAMP- The term `BPAR incandescent
reflector lamp' means a reflector lamp as shown in figure C78.21-278 on page
32 of ANSI C78.21-2003.
`(53) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40-
`(A) BR INCANDESCENT REFLECTOR LAMP- The term `BR incandescent
reflector lamp' means a reflector lamp that has--
`(i) a bulged section below the major diameter of the bulb and above
the approximate baseline of the bulb, as shown in figure 1 (RB) on page
7 of ANSI C79.1-1994, incorporated by reference in section 430.22 of
title 10, Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
`(ii) a finished size and shape shown in ANSI C78.21-1989, including
the referenced reflective characteristics in part 7 of ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph).
`(B) BR30- The term `BR30' means a BR incandescent reflector lamp with
a diameter of 30/8ths of an inch.
`(C) BR40- The term `BR40' means a BR incandescent reflector lamp with
a diameter of 40/8ths of an inch.
`(54) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40-
`(A) ER INCANDESCENT REFLECTOR LAMP- The term `ER incandescent
reflector lamp' means a reflector lamp that has--
`(i) an elliptical section below the major diameter of the bulb and
above the approximate baseline of the bulb, as shown in figure 1 (RE) on
page 7 of ANSI C79.1-1994, incorporated by reference in section 430.22
of title 10, Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
`(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph).
`(B) ER30- The term `ER30' means an ER incandescent reflector lamp
with a diameter of 30/8ths of an inch.
`(C) ER40- The term `ER40' means an ER incandescent reflector lamp
with a diameter of 40/8ths of an inch.
`(55) R20 INCANDESCENT REFLECTOR LAMP- The term `R20 incandescent
reflector lamp' means a reflector lamp that has a face diameter of
approximately 2.5 inches, as shown in figure 1(R) on page 7 of ANSI
C79.1-1994.'.
(b) Standards for Fluorescent Lamps and Incandescent Reflector Lamps-
Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6925(i))
is amended by striking paragraph (1) and inserting the following:
`(A) DEFINITION OF EFFECTIVE DATE- In this paragraph (other than
subparagraph (D)), the term `effective date' means, with respect to each
type of lamp specified in a table contained in subparagraph (B), the last
day of the period of months corresponding to that type of lamp (as
specified in the table) that follows October 24, 1992.
`(B) MINIMUM STANDARDS- Each of the following general service
fluorescent lamps and incandescent reflector lamps manufactured after the
effective date specified in the tables contained in this paragraph shall
meet or exceed the following lamp efficacy and CRI standards:
`FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------------------
Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months)
----------------------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin >35 W 69 75.0 36
45 75.0 36
2-foot U-shaped >35 W 69 68.0 36
45 64.0 36
8-foot slimline 65 W 69 80.0 18
45 80.0 18
8-foot high output >100 W 69 80.0 18
45 80.0 18
----------------------------------------------------------------------------------------------------------------------------
`INCANDESCENT REFLECTOR LAMPS
-------------------------------------------------------------------------------------------
Nominal Lamp Wattage Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months)
-------------------------------------------------------------------------------------------
40-50 10.5 36
51-66 11.0 36
67-85 12.5 36
86-115 14.0 36
116-155 14.5 36
156-205 15.0 36
-------------------------------------------------------------------------------------------
`(C) EXEMPTIONS- The standards specified in subparagraph (B) shall not
apply to the following types of incandescent reflector lamps:
`(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or
ER40 lamps.
`(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
lamps.
`(iii) R20 incandescent reflector lamps rated 45 watts or
less.
`(i) ER, BR, AND BPAR LAMPS- The standards specified in subparagraph
(B) shall apply with respect to ER incandescent reflector lamps, BR
incandescent reflector lamps, BPAR incandescent reflector lamps, and
similar bulb shapes on and after January 1, 2008.
`(ii) LAMPS BETWEEN 2.25-2.75 INCHES IN DIAMETER- The standards
specified in subparagraph (B) shall apply with respect to incandescent
reflector lamps with a diameter of more than 2.25 inches, but not more
than 2.75 inches, on and after January 1, 2008.'.
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment- Not later than 1 year after the date of enactment of
this Act, as part of the program carried out under section 1008 of the Energy
Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall establish and award
Bright Tomorrow Lighting Prizes for solid state lighting in accordance with
this section.
(b) Prize Specifications-
(1) 60-watt INCANDESCENT REPLACEMENT LAMP PRIZE- The Secretary shall
award a 60-Watt Incandescent Replacement Lamp Prize to an entrant that
produces a solid-state light package simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than 2,750, and
not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A)
exceeding 25,000 hours under typical conditions expected in residential
use;
(G) having a light distribution pattern similar to a soft 60-watt
incandescent A19 bulb;
(H) having a size and shape that fits within the maximum dimensions of
an A19 bulb in accordance with American National Standards Institute
standard C78.20-2003, figure C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market
satisfied by the submission of 10,000 such units equal to or exceeding the
criteria described in subparagraphs (A) through (I).
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE- The Secretary shall
award a Parabolic Aluminized Reflector Type 38 Halogen Replacement Lamp
Prize (referred to in this section as the `PAR Type 38 Halogen Replacement
Lamp Prize') to an entrant that produces a solid-state-light package
simultaneously capable of--
(A) producing a luminous flux greater than or equal to 1,350
lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A)
exceeding 25,000 hours under typical conditions expected in residential
use;
(G) having a light distribution pattern similar to a PAR 38 halogen
lamp;
(H) having a size and shape that fits within the maximum dimensions of
a PAR 38 halogen lamp in accordance with American National Standards
Institute standard C78-21-2003, figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market
satisfied by the submission of 10,000 such units equal to or exceeding the
criteria described in subparagraphs (A) through (I).
(3) TWENTY-FIRST CENTURY LAMP PRIZE- The Secretary shall award a
Twenty-First Century Lamp Prize to an entrant that produces a
solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and 3,000
degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds- The Secretary may accept and use funding from private
sources as part of the prizes awarded under this section.
(d) Technical Review- The Secretary shall establish a technical review
committee composed of non-Federal officers to review entrant data submitted
under this section to determine whether the data meets the prize
specifications described in subsection (b).
(e) Third Party Administration- The Secretary may competitively select a
third party to administer awards under this section.
(f) Award Amounts- Subject to the availability of funds to carry out this
section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize described in
subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in
subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3)
shall be $5,000,000.
(g) Federal Procurement of Solid-State-Lights-
(1) 60-watt INCANDESCENT REPLACEMENT- Subject to paragraph (3), as soon
as practicable after the successful award of the 60-Watt Incandescent
Replacement Lamp Prize under subsection (b)(1), the Secretary (in
consultation with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with a goal of replacing the use
of 60-watt incandescent lamps in Federal Government buildings with a
solid-state-light package described in subsection (b)(1) by not later than
the date that is 5 years after the date the award is made.
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT- Subject to paragraph
(3), as soon as practicable after the successful award of the PAR Type 38
Halogen Replacement Lamp Prize under subsection (b)(2), the Secretary (in
consultation with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of replacing the
use of PAR 38 halogen lamps in Federal Government buildings with a
solid-state-light package described in subsection (b)(2) by not later than
the date that is 5 years after the date the award is made.
(A) IN GENERAL- The Secretary or the Administrator of General Services
may waive the application of paragraph (1) or (2) if the Secretary or
Administrator determines that the return on investment from the purchase
of a solid-state-light package described in paragraph (1) or (2) of
subsection (b), respectively, is cost prohibitive.
(B) REPORT OF WAIVER- If the Secretary or Administrator waives the
application of paragraph (1) or (2), the Secretary or Administrator,
respectively, shall submit to Congress an annual report that describes the
waiver and provides a detailed justification for the waiver.
(h) Bright Light Tomorrow Award Fund-
(1) ESTABLISHMENT- There is established in the United States Treasury a
Bright Light Tomorrow permanent fund without fiscal year limitation to award
prizes under paragraphs (1), (2), and (3) of subsection (b).
(2) SOURCES OF FUNDING- The fund established under paragraph (1) shall
accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(i) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 214. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) Definitions- In this section:
(1) ALASKA SMALL HYDROELECTRIC POWER- The term `Alaska small
hydroelectric power' means power that--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water;
and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion;
and
(B) has a nameplate capacity rating of a wattage that is not more than
15 megawatts.
(2) ELIGIBLE APPLICANT- The term `eligible applicant' means any--
(G) Regional Corporation (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).
(A) INCLUSIONS- The term `ocean energy' includes current, wave, and
tidal energy.
(B) EXCLUSION- The term `ocean energy' excludes thermal
energy.
(4) RENEWABLE ENERGY PROJECT- The term `renewable energy project' means
a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b)));
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants-
(1) IN GENERAL- The Secretary shall use amounts appropriated under this
section to make grants for use in carrying out renewable energy
projects.
(2) CRITERIA- Not later than 180 days after the date of enactment of
this Act, the Secretary shall set forth criteria for use in awarding grants
under this section.
(3) APPLICATION- To receive a grant from the Secretary under paragraph
(1), an eligible applicant shall submit to the Secretary an application at
such time, in such manner, and containing such information as the Secretary
may require, including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair that is
financed, in whole or in part, by a grant under this section shall be paid
wages at rates not less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States Code;
and
(B) the Secretary of Labor shall, with respect to the labor standards
described in this paragraph, have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145
of title 40, United States Code.
(4) NON-FEDERAL SHARE- Each eligible applicant that receives a grant
under this subsection shall contribute to the total cost of the renewable
energy project constructed by the eligible applicant an amount not less than
50 percent of the total cost of the project.
(c) Authorization of Appropriations- There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
Subtitle B--Expediting New Energy Efficiency Standards
SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is
amended by striking paragraph (6) and inserting the following:
`(6) ENERGY CONSERVATION STANDARD-
`(A) IN GENERAL- The term `energy conservation standard' means 1 or
more performance standards that prescribe a minimum level of energy
efficiency or a maximum quantity of energy use and, in the case of a
showerhead, faucet, water closet, urinal, clothes washer, and dishwasher,
water use, for a covered product, determined in accordance with test
procedures prescribed under section 323.
`(B) INCLUSIONS- The term `energy conservation standard'
includes--
`(i) 1 or more design requirements, as part of a consensus agreement
under section 325(hh); and
`(ii) any other requirements that the Secretary may prescribe under
subsections (o) and (r) of section 325.
`(C) EXCLUSION- The term `energy conservation standard' does not
include a performance standard for a component of a finished covered
product.'.
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND COOLING
PRODUCTS.
(a) In General- Section 327 of the Energy Policy and Conservation Act (42
U.S.C. 6297) is amended--
(1) by redesignating subsections (e), (f), and (g) as subsections (f),
(g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
`(e) Regional Efficiency Standards for Heating and Cooling Products-
`(A) DETERMINATION- The Secretary may determine, after notice and
comment, that more stringent Federal energy conservation standards are
appropriate for furnaces, boilers, or central air conditioning equipment
than applicable Federal energy conservation standards.
`(B) FINDING- The Secretary may determine that more stringent
standards are appropriate for up to 2 different regions only after finding
that the regional standards--
`(i) would contribute to energy savings that are substantially
greater than that of a single national energy standard; and
`(ii) are economically justified.
`(C) REGIONS- On making a determination described in subparagraph (B),
the Secretary shall establish the regions so that the more stringent
standards would achieve the maximum level of energy savings that is
technologically feasible and economically justified.
`(D) FACTORS- In determining the appropriateness of 1 or more regional
standards for furnaces, boilers, and central and commercial air
conditioning equipment, the Secretary shall consider all of the factors
described in paragraphs (1) through (4) of section 325(o).
`(2) STATE PETITION- After a determination made by the Secretary under
paragraph (1), a State may petition the Secretary requesting a rule that a
State regulation that establishes a standard for furnaces, boilers, or
central air conditioners become effective at a level determined by the
Secretary to be appropriate for the region that includes the State.
`(3) RULE- Subject to paragraphs (4) through (7), the Secretary may
issue the rule during the period described in paragraph (4) and after
consideration of the petition and the comments of interested persons.
`(A) NOTICE- The Secretary shall provide notice of any petition filed
under paragraph (2) and afford interested persons a reasonable opportunity
to make written comments, including rebuttal comments, on the
petition.
`(B) DECISION- Except as provided in subparagraph (C), during the
180-day period beginning on the date on which the petition is filed, the
Secretary shall issue the requested rule or deny the petition.
`(C) EXTENSION- The Secretary may publish in the Federal Register a
notice--
`(i) extending the period to a specified date, but not longer than 1
year after the date on which the petition is filed; and
`(ii) describing the reasons for the delay.
`(D) DENIALS- If the Secretary denies a petition under this
subsection, the Secretary shall publish in the Federal Register notice of,
and the reasons for, the denial.
`(5) FINDING OF SIGNIFICANT BURDEN ON MANUFACTURING, MARKETING,
DISTRIBUTION, SALE, OR SERVICING OF COVERED PRODUCT ON NATIONAL BASIS-
`(A) IN GENERAL- The Secretary may not issue a rule under this
subsection if the Secretary finds (and publishes the finding) that
interested persons have established, by a preponderance of the evidence,
that the State regulation will significantly burden manufacturing,
marketing, distribution, sale, or servicing of a covered product on a
national basis.
`(B) FACTORS- In determining whether to make a finding described in
subparagraph (A), the Secretary shall evaluate all relevant factors,
including--
`(i) the extent to which the State regulation will increase
manufacturing or distribution costs of manufacturers, distributors, and
others;
`(ii) the extent to which the State regulation will disadvantage
smaller manufacturers, distributors, or dealers or lessen competition in
the sale of the covered product in the State; and
`(iii) the extent to which the State regulation would cause a burden
to manufacturers to redesign and produce the covered product type (or
class), taking into consideration the extent to which the regulation
would result in a reduction--
`(I) in the current models, or in the projected availability of
models, that could be shipped on the effective date of the regulation
to the State and within the United States; or
`(II) in the current or projected sales volume of the covered
product type (or class) in the State and the United
States.
`(6) APPLICATION- No State regulation shall become effective under this
subsection with respect to any covered product manufactured before the date
specified in the determination made by the Secretary under paragraph
(1).
`(7) PETITION TO WITHDRAW FEDERAL RULE FOLLOWING AMENDMENT OF FEDERAL
STANDARD-
`(A) IN GENERAL- If a State has issued a rule under paragraph (3) with
respect to a covered product and subsequently a Federal energy
conservation standard concerning the product is amended pursuant to
section 325, any person subject to the State regulation may file a
petition with the Secretary requesting the Secretary to withdraw the rule
issued under paragraph (3) with respect to the product in the
State.
`(B) BURDEN OF PROOF- The Secretary shall consider the petition in
accordance with paragraph (5) and the burden shall be on the petitioner to
show by a preponderance of the evidence that the rule received by the
State under paragraph (3) should be withdrawn as a result of the amendment
to the Federal standard.
`(C) WITHDRAWAL- If the Secretary determines that the petitioner has
shown that the rule issued by the Secretary under paragraph (3) should be
withdrawn in accordance with subparagraph (B), the Secretary shall
withdraw the rule.'.
(b) Conforming Amendments-
(1) Section 327 of the Energy Policy and Conservation Act (42 U.S.C.
6297) is amended--
(i) in paragraph (2), by striking `subsection (e)' and inserting
`subsection (f)'; and
(I) by striking `subsection (f)(1)' and inserting `subsection
(g)(1)'; and
(II) by striking `subsection (f)(2)' and inserting `subsection
(g)(2)'; and
(B) in subsection (c)(3), by striking `subsection (f)(3)' and
inserting `subsection (g)(3)'.
(2) Section 345(b)(2) of the Energy Policy and Conservation Act (42
U.S.C. 6316(b)(2)) is amended by adding at the end the following:
`(E) RELATIONSHIP TO CERTAIN STATE REGULATIONS- Notwithstanding
subparagraph (A), a standard prescribed or established under section
342(a) with respect to the equipment specified in subparagraphs (B), (C),
(D), (H), (I), and (J) of section 340 shall not supersede a State
regulation that is effective under the terms, conditions, criteria,
procedures, and other requirements of section 327(e).'.
SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)(3)) is amended by adding at the end the following:
`(i) IN GENERAL- The Secretary shall publish a final rule to carry
out this subsection not later than December 31, 2014.
`(ii) CRITERIA- The standards shall meet the criteria established
under subsection (o).'.
SEC. 224. EXPEDITED RULEMAKINGS.
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by adding at the end the following:
`(hh) Expedited Rulemaking for Consensus Standards-
`(1) IN GENERAL- The Secretary shall conduct an expedited rulemaking
based on an energy conservation standard or test procedure recommended by
interested persons, if--
`(A) the interested persons (demonstrating significant and broad
support from manufacturers of a covered product, States, utilities, and
environmental, energy efficiency, and consumer advocates) submit a joint
comment or petition recommending a consensus energy conservation standard
or test procedure; and
`(B) the Secretary determines that the joint comment or petition
includes evidence that (assuming no other evidence were considered)
provides an adequate basis for determining that the proposed consensus
energy conservation standard or test procedure proposed in the joint
comment or petition complies with the provisions and criteria of this Act
(including subsection (o)) that apply to the type or class of covered
products covered by the joint comment or petition.
`(A) IN GENERAL- Notwithstanding subsection (p) or section 336(a), if
the Secretary receives a joint comment or petition that meets the criteria
described in paragraph (1), the Secretary shall conduct an expedited
rulemaking with respect to the standard or test procedure proposed in the
joint comment or petition in accordance with this paragraph.
`(B) ADVANCED NOTICE OF PROPOSED RULEMAKING- If no advanced notice of
proposed rulemaking has been issued under subsection (p)(1) with respect
to the rulemaking covered by the joint comment or petition, the
requirements of subsection (p) with respect to the issuance of an advanced
notice of proposed rulemaking shall not apply.
`(C) PUBLICATION OF DETERMINATION- Not later than 60 days after
receipt of a joint comment or petition described in paragraph (1)(A), the
Secretary shall publish a description of a determination as to whether the
proposed standard or test procedure covered by the joint comment or
petition meets the criteria described in paragraph (1).
`(i) PUBLICATION- If the Secretary determines that the proposed
consensus standard or test procedure covered by the joint comment or
petition meets the criteria described in paragraph (1), not later than
30 days after the determination, the Secretary shall publish a proposed
rule proposing the consensus standard or test procedure covered by the
joint comment or petition.
`(ii) PUBLIC COMMENT PERIOD- Notwithstanding paragraphs (2) and (3)
of subsection (p), the public comment period for the proposed rule shall
be the 30-day period beginning on the date of the publication of the
proposed rule in the Federal Register.
`(iii) PUBLIC HEARING- Notwithstanding section 336(a), the Secretary
may waive the holding of a public hearing with respect to the proposed
rule.
`(E) FINAL RULE- Notwithstanding subsection (p)(4), the
Secretary--
`(i) may publish a final rule at any time after the 60-day period
beginning on the date of publication of the proposed rule in the Federal
Register; and
`(ii) shall publish a final rule not later than 120 days after the
date of publication of the proposed rule in the Federal
Register.'.
SEC. 225. PERIODIC REVIEWS.
(a) Test Procedures- Section 323(b)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)(1)) is amended by striking `(1)' and all
that follows through the end of the paragraph and inserting the following:
`(A) AMENDMENT- At least once every 7 years, the Secretary shall
review test procedures for all covered products and--
`(i) amend test procedures with respect to any covered product, if
the Secretary determines that amended test procedures would more
accurately or fully comply with the requirements of paragraph (3);
or
`(ii) publish notice in the Federal Register of any determination
not to amend a test procedure.'.
(b) Energy Conservation Standards- Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) and
inserting the following:
`(1) IN GENERAL- After issuance of the last final rules required for a
product under this part, the Secretary shall, not later than 5 years after
the date of issuance of a final rule establishing or amending a standard or
determining not to amend a standard, publish a final rule to determine
whether standards for the product should be amended based on the criteria
described in subsection (n)(2).
`(2) ANALYSIS- Prior to publication of the determination, the Secretary
shall publish a notice of availability describing the analysis of the
Department and provide opportunity for written comment.
`(3) FINAL RULE- Not later than 3 years after a positive determination
under paragraph (1), the Secretary shall publish a final rule amending the
standard for the product.
`(4) APPLICATION OF AMENDMENT- An amendment prescribed under this
subsection shall apply to a product manufactured after a date that is 5
years after--
`(A) the effective date of the previous amendment made pursuant to
this part; or
`(B) if the previous final rule published under this part did not
amend the standard, the earliest date by which a previous amendment could
have been in effect, except that in no case may an amended standard apply
to products manufactured within 3 years after publication of the final
rule establishing a standard.'.
(c) Standards- Section 342(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(a)) is amended by striking paragraph (6) and inserting the
following:
`(6) AMENDED ENERGY EFFICIENCY STANDARDS-
`(A) ANALYSIS OF POTENTIAL ENERGY SAVINGS- If ASHRAE/IES Standard 90.1
is amended with respect to any small commercial package air conditioning
and heating equipment, large commercial package air conditioning and
heating equipment, packaged terminal central and commercial air
conditioners, packaged terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water heaters, or unfired
hot water storage tanks, not later than 180 days after the amendment of
the standard, the Secretary shall publish in the Federal Register for
public comment an analysis of the energy savings potential of amended
energy efficiency standards.
`(B) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-
`(i) IN GENERAL- Except as provided in clause (ii), not later than
18 months after the date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for a product described in subparagraph (A),
the Secretary shall establish an amended uniform national standard for
the product at the minimum level for the applicable effective date
specified in the amended ASHRAE/IES Standard 90.1.
`(ii) MORE STRINGENT STANDARD- Clause (i) shall not apply if the
Secretary determines, by rule published in the Federal Register, and
supported by clear and convincing evidence, that adoption of a uniform
national standard more stringent than the amended ASHRAE/IES Standard
90.1 for the product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
`(C) RULE- If the Secretary makes a determination described in
subparagraph (B)(ii) for a product described in subparagraph (A), not
later than 30 months after the date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the
rule establishing the amended standard.
`(D) AMENDMENT OF STANDARDS-
`(i) IN GENERAL- After issuance of the most recent final rule for a
product under this subsection, not later than 5 years after the date of
issuance of a final rule establishing or amending a standard or
determining not to amend a standard, the Secretary shall publish a final
rule to determine whether standards for the product should be amended
based on the criteria described in subparagraph (A).
`(ii) ANALYSIS- Prior to publication of the determination, the
Secretary shall publish a notice of availability describing the analysis
of the Department and provide opportunity for written
comment.
`(iii) FINAL RULE- Not later than 3 years after a positive
determination under clause (i), the Secretary shall publish a final rule
amending the standard for the product.'.
(d) Test Procedures- Section 343(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(a)) is amended by striking `(a)' and all that follows
through the end of paragraph (1) and inserting the following:
`(a) Prescription by Secretary; Requirements-
`(A) AMENDMENT- At least once every 7 years, the Secretary shall
conduct an evaluation of each class of covered equipment and--
`(i) if the Secretary determines that amended test procedures would
more accurately or fully comply with the requirements of paragraphs (2)
and (3), shall prescribe test procedures for the class in accordance
with this section; or
`(ii) shall publish notice in the Federal Register of any
determination not to amend a test procedure.'.
(e) Effective Date- The amendments made by subsections (b) and (c) take
effect on January 1, 2012.
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.
(a) In General- Not later than 2 years after the date of enactment of this
Act or not later than 18 months after test procedures have been developed for
a consumer electronics product category described in subsection (b), whichever
is later, the Federal Trade Commission, in consultation with the Secretary and
the Administrator of the Environmental Protection Agency shall promulgate
regulations, in accordance with the Energy Star program and in a manner that
minimizes, to the maximum extent practicable, duplication with respect to the
requirements of that program and other national and international energy
labeling programs, to add the consumer electronics product categories
described in subsection (b) to the Energy Guide labeling program of the
Commission.
(b) Consumer Electronics Product Categories- The consumer electronics
product categories referred to in subsection (a) are the following:
(3) Cable or satellite set-top boxes.
(4) Stand-alone digital video recorder boxes.
(c) Label Placement- The regulations shall include specific requirements
for each product on the placement of Energy Guide labels.
(d) Deadline for Labeling- Not later than 1 year after the date of
promulgation of regulations under subsection (a), the Commission shall require
labeling electronic products described in subsection (b) in accordance with
this section (including the regulations).
(e) Authority To Include Additional Product Categories- The Commission may
add additional product categories to the Energy Guide labeling program if the
product categories include products, as determined by the Commission--
(1) that have an annual energy use in excess of 100 kilowatt hours per
year; and
(2) for which there is a significant difference in energy use between
the most and least efficient products.
SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.
Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), boilers
manufactured on or after September 1, 2012, shall meet the following
requirements:
----------------------------------------------------------------------------------------------------------------------------------------
Boiler Type Minimum Annual Fuel Utilization Efficiency Design Requirements
----------------------------------------------------------------------------------------------------------------------------------------
Gas Hot Water 82% No Constant Burning Pilot,Automatic Means for Adjusting Water Temperature
Gas Steam 80% No Constant Burning Pilot
Oil Hot Water 84% Automatic Means for Adjusting Temperature
Oil Steam 82% None
Electric Hot Water None Automatic Means for Adjusting Temperature
Electric Steam None None
----------------------------------------------------------------------------------------------------------------------------------------
`(B) PILOTS- The manufacturer shall not equip gas hot water or steam
boilers with constant-burning pilot lights.
`(C) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE-
`(i) IN GENERAL- The manufacturer shall equip each gas, oil, and
electric hot water boiler (other than a boiler equipped with tankless
domestic water heating coils) with an automatic means for adjusting the
temperature of the water supplied by the boiler to ensure that an
incremental change in inferred heat load produces a corresponding
incremental change in the temperature of water supplied.
`(ii) CERTAIN BOILERS- For a boiler that fires at 1 input rate, the
requirements of this subparagraph may be satisfied by providing an
automatic means that allows the burner or heating element to fire only
when the means has determined that the inferred heat load cannot be met
by the residual heat of the water in the system.
`(iii) NO INFERRED HEAT LOAD- When there is no inferred heat load
with respect to a hot water boiler, the automatic means described in
clauses (i) and (ii) shall limit the temperature of the water in the
boiler to not more than 140 degrees Fahrenheit.
`(iv) OPERATION- A boiler described in clause (i) or (ii) shall be
operable only when the automatic means described in clauses (i), (ii),
and (iii) is installed.'.
SEC. 228. TECHNICAL CORRECTIONS.
(a) Definition of Fluorescent Lamp- Section 321(30)(B)(viii) of the Energy
Policy and Conservation Act (42 U.S.C. 6291(30)(B)(viii)) is amended by
striking `82' and inserting `87'.
(b) Standards for Commercial Package Air Conditioning and Heating
Equipment- Section 342(a)(1) of the Energy Policy and Conservation Act (42
U.S.C. 6313(a)(1)) is amended in the matter preceding subparagraph (A) by
striking `but before January 1, 2010,'.
(c) Mercury Vapor Lamp Ballasts-
(1) DEFINITIONS- Section 321 of the Energy Policy and Conservation Act
(42 U.S.C. 6291) (as amended by section 212(a)(2)) is amended--
(A) in paragraph (46)(A)--
(i) in clause (i), by striking `bulb' and inserting `the arc tube';
and
(ii) in clause (ii), by striking `has a bulb' and inserting `wall
loading is';
(B) in paragraph (47)(A), by striking `operating at a partial' and
inserting `typically operating at a partial vapor';
(C) in paragraph (48), by inserting `intended for general
illumination' after `lamps'; and
(D) by adding at the end the following:
`(56) The term `specialty application mercury vapor lamp ballast' means
a mercury vapor lamp ballast that--
`(A) is designed and marketed for medical use, optical comparators,
quality inspection, industrial processing, or scientific use, including
fluorescent microscopy, ultraviolet curing, and the manufacture of
microchips, liquid crystal displays, and printed circuit boards;
and
`(B) in the case of a specialty application mercury vapor lamp
ballast, is labeled as a specialty application mercury vapor lamp
ballast.'.
(2) STANDARD SETTING AUTHORITY- Section 325(ee) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(ee)) is amended by inserting `(other than
specialty application mercury vapor lamp ballasts)' after `ballasts'.
SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions- Section 340(13) of the Energy Policy and Conservation Act
(42 U.S.C. 6311(13)) is amended by striking subparagraph (A) and inserting the
following:
`(A)(i) The term `electric motor' means--
`(I) a general purpose electric motor--subtype I; and
`(II) a general purpose electric motor--subtype II.
`(ii) The term `general purpose electric motor--subtype I' means any
motor that [Struck out->][<-Struck out] is considered a general
purpose motor under section 431.12 of title 10, Code of Federal Regulations
(or successor regulations).
`(iii) The term `general purpose electric motor--subtype II' means a
motor that, in addition to the design elements for a general purpose
electric motor--subtype I, incorporates the design elements (as established
in National Electrical Manufacturers Association MG-1 (2006)) for any of the
following:
`(III) A close-coupled pump motor.
`(V) A vertical solid shaft normal thrust (tested in a horizontal
configuration).
`(VII) A poly-phase motor with voltage of not more than 600 volts
(other than 230 or 460 volts).'.
(b) Standards- Section 342(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(13)) is amended by striking paragraph (1) and inserting the
following:
`(A) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE I-
`(i) IN GENERAL- Except as otherwise provided in this subparagraph,
a general purpose electric motor--subtype I with a power rating of not
less than 1, and not more than 200, horsepower manufactured (alone or as
a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of this subparagraph, shall have a
nominal full load efficiency established in Table 12-12 of National
Electrical Manufacturers Association (referred to in this paragraph as
`NEMA') MG-1 (2006).
`(ii) FIRE PUMP MOTORS- A fire pump motor shall have a nominal full
load efficiency established in Table 12-11 of NEMA MG-1
(2006).
`(B) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE II- A general purpose
electric motor--subtype II with a power rating of not less than 1, and not
more than 200, horsepower manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the date of
enactment of this subparagraph, shall have a nominal full load efficiency
established in Table 12-11 of NEMA MG-1 (2006).
`(C) DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS- A NEMA Design B,
general purpose electric motor with a power rating of not less than 201,
and not more than 500, horsepower manufactured (alone or as a component of
another piece of equipment) after the 3-year period beginning on the date
of the enactment of this subparagraph shall have a nominal full load
efficiency established in Table 12-11 of NEMA MG-1 (2006).'.
(c) Effective Date- The amendments made by this section take effect on the
date that is 3 years after the date of enactment of this Act.
SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Definition of Energy Conservation Standard- Section 321(6)(A) of the
Energy Policy and Conservation Act (42 U.S.C. 6291(6)(A)) is amended by
striking `or, in the case of' and inserting `and, in the case of residential
clothes washers, residential dishwashers,'.
(b) Refrigerators, Refrigerator-Freezers, and Freezers- Section 325(b) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by
adding at the end the following:
`(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS MANUFACTURED ON
OR AFTER JANUARY 1, 2014- Not later than December 31, 2010, the Secretary
shall publish a final rule determining whether to amend the standards in
effect for refrigerators, refrigerator-freezers, and freezers manufactured
on or after January 1, 2014, and including any amended standards.'.
(c) Residential Clothes Washers and Dishwashers- Section 325(g)(4) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(g)(4)) is amended by adding
at the end the following:
`(i) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2011- A
residential clothes washer manufactured on or after January 1, 2011,
shall have--
`(I) a modified energy factor of at least 1.26; and
`(II) a water factor of not more than 9.5.
`(ii) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2012- Not
later than January 1, 2012, the Secretary shall publish a final rule
determining whether to amend the standards in effect for residential
clothes washers manufactured on or after January 1, 2012, and including
any amended standards.
`(i) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010- A
dishwasher manufactured on or after January 1, 2010, shall use not more
than--
`(I) in the case of a standard-size dishwasher, 355 kWh per year
or 6.5 gallons of water per cycle; and
`(II) in the case of a compact-size dishwasher, 260 kWh per year
or 4.5 gallons of water per cycle.
`(ii) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2018- Not
later than January 1, 2015, the Secretary shall publish a final rule
determining whether to amend the standards for dishwashers manufactured
on or after January 1, 2018, and including any amended
standards.'.
(d) Dehumidifiers- Section 325(cc) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(cc)) is amended--
(1) in paragraph (1), by inserting `and before October 1, 2012,' after
`2007,'; and
(2) by striking paragraph (2) and inserting the following:
`(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 1, 2012-
Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy
Factor that meets or exceeds the following values:
---------------------------------------------------------------
Product Capacity (pints/day): Minimum Energy Factor liters/kWh
---------------------------------------------------------------
Up to 35.00 1.35
35.01-45.00 1.50
45.01-54.00 1.60
54.01-75.00 1.70
Greater than 75.00 2.5.'
---------------------------------------------------------------
(e) Energy Star Program- Section 324A(d)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking `2010' and
inserting `2009'.
SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND BUILDINGS IN COLD
CLIMATES.
(a) Research- Section 911(a)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(E) technologies to improve the energy efficiency of appliances and
mechanical systems for buildings in cold climates, including combined heat
and power units and increased use of renewable resources, including
fuel.'.
(b) Rebates- Section 124 of the Energy Policy Act of 2005 (42 U.S.C.
15821) is amended--
(1) in subsection (b)(1), by inserting `, or products with improved
energy efficiency in cold climates,' after `residential Energy Star
products'; and
(2) in subsection (e), by inserting `or product with improved energy
efficiency in a cold climate' after `residential Energy Star product' each
place it appears.
SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY CONSUMER
PRODUCTS.
(a) Definitions- In this section:
(1) ENERGY SAVINGS- The term `energy savings' means megawatt-hours of
electricity or million British thermal units of natural gas saved by a
product, in comparison to projected energy consumption under the energy
efficiency standard applicable to the product.
(2) HIGH-EFFICIENCY CONSUMER PRODUCT- The term `high-efficiency consumer
product' means a product that exceeds the energy efficiency of comparable
products available in the market by a percentage determined by the Secretary
to be an appropriate benchmark for the consumer product category competing
for an award under this section.
(b) Financial Incentives Program- Effective beginning October 1, 2007, the
Secretary shall competitively award financial incentives under this section
for the manufacture of high-efficiency consumer products.
(1) IN GENERAL- The Secretary shall make awards under this section to
manufacturers of high-efficiency consumer products, based on the bid of each
manufacturer in terms of dollars per megawatt-hour or million British
thermal units saved.
(2) ACCEPTANCE OF BIDS- In making awards under this section, the
Secretary shall--
(A) solicit bids for reverse auction from appropriate manufacturers,
as determined by the Secretary; and
(B) award financial incentives to the manufacturers that submit the
lowest bids that meet the requirements established by the
Secretary.
(d) Forms of Awards- An award for a high-efficiency consumer product under
this section shall be in the form of a lump sum payment in an amount equal to
the product obtained by multiplying--
(1) the amount of the bid by the manufacturer of the high-efficiency
consumer product; and
(2) the energy savings during the projected useful life of the
high-efficiency consumer product, not to exceed 10 years, as determined
under regulations issued by the Secretary.
SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term eligible entity means--
(A) an institution of higher education under contract or in
partnership with a nonprofit or for-profit private entity acting on behalf
of an industrial or commercial sector or subsector;
(B) a nonprofit or for-profit private entity acting on behalf on an
industrial or commercial sector or subsector; or
(C) a consortia of entities acting on behalf of an industrial or
commercial sector or subsector.
(2) ENERGY-INTENSIVE COMMERCIAL APPLICATIONS- The term `energy-intensive
commercial applications' means processes and facilities that use significant
quantities of energy as part of the primary economic activities of the
processes and facilities, including--
(A) information technology data centers;
(B) product manufacturing; and
(3) FEEDSTOCK- The term `feedstock' means the raw material supplied for
use in manufacturing, chemical, and biological processes.
(4) MATERIALS MANUFACTURERS- The term `materials manufacturers' means
the energy-intensive primary manufacturing industries, including the
aluminum, chemicals, forest and paper products, glass, metal casting, and
steel industries.
(5) PARTNERSHIP- The term `partnership' means an energy efficiency and
utilization partnership established under subsection (c)(1)(A).
(6) PROGRAM- The term `program' means the industrial efficiency program
established under subsection (b).
(b) Establishment of Program- The Secretary shall establish a program
under which the Secretary, in cooperation with materials manufacturers,
companies engaged in energy-intensive commercial applications, and national
industry trade associations representing the manufactures and companies, shall
support, develop, and promote the use of new materials manufacturing and
industrial and commercial processes, technologies, and techniques to optimize
energy efficiency and the economic competitiveness of the United States.
(1) IN GENERAL- As part of the program, the Secretary shall--
(A) establish energy efficiency and utilization partnerships between
the Secretary and eligible entities to conduct research on, develop, and
demonstrate new processes, technologies, and operating practices and
techniques to significantly improve energy efficiency and utilization by
materials manufacturers and in energy-intensive commercial applications,
including the conduct of activities to--
(i) increase the energy efficiency of industrial and commercial
processes and facilities in energy-intensive commercial application
sectors;
(ii) research, develop, and demonstrate advanced technologies
capable of energy intensity reductions and increased environmental
performance in energy-intensive commercial application sectors;
and
(iii) promote the use of the processes, technologies, and techniques
described in clauses (i) and (ii); and
(B) pay the Federal share of the cost of any eligible partnership
activities for which a proposal has been submitted and approved in
accordance with paragraph (3)(B).
(2) ELIGIBLE ACTIVITIES- Partnership activities eligible for financial
assistance under this subsection include--
(A) feedstock and recycling research, development, and demonstration
activities to identify and promote--
(i) opportunities for meeting manufacturing feedstock requirements
with more energy efficient and flexible sources of feedstock or energy
supply;
(ii) strategies to develop and deploy technologies that improve the
quality and quantity of feedstocks recovered from process and waste
streams; and
(iii) other methods using recycling, reuse, and improved industrial
materials;
(B) industrial and commercial energy efficiency and sustainability
assessments to--
(i) assist individual industrial and commercial sectors in
developing tools, techniques, and methodologies to assess--
(I) the unique processes and facilities of the
sectors;
(II) the energy utilization requirements of the sectors;
and
(III) the application of new, more energy efficient technologies;
and
(ii) conduct energy savings assessments;
(C) the incorporation of technologies and innovations that would
significantly improve the energy efficiency and utilization of
energy-intensive commercial applications; and
(D) any other activities that the Secretary determines to be
appropriate.
(A) IN GENERAL- To be eligible for financial assistance under this
subsection, a partnership shall submit to the Secretary a proposal that
describes the proposed research, development, or demonstration activity to
be conducted by the partnership.
(B) REVIEW- After reviewing the scientific, technical, and commercial
merit of a proposals submitted under subparagraph (A), the Secretary shall
approve or disapprove the proposal.
(C) COMPETITIVE AWARDS- The provision of financial assistance under
this subsection shall be on a competitive basis.
(4) COST-SHARING REQUIREMENT- In carrying out this section, the
Secretary shall require cost sharing in accordance with section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and each fiscal
year thereafter.
(2) PARTNERSHIP ACTIVITIES- Of the amounts made available under
paragraph (1), not less than 50 percent shall be used to pay the Federal
share of partnership activities under subsection (c).
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General- As soon as practicable after the date of enactment of this
Act, the Secretary shall establish a research and development program to
determine ways in which--
(1) the weight of vehicles may be reduced to improve fuel efficiency
without compromising passenger safety; and
(2) the cost of lightweight materials (such as steel alloys, fiberglass,
and carbon composites) required for the construction of lighter-weight
vehicles may be reduced.
(b) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal years
2007 through 2012.
SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General- Section 712(a) of the Energy Policy Act of 2005 (42 U.S.C.
16062(a)) is amended in the second sentence by striking `grants to automobile
manufacturers' and inserting `grants and loan guarantees under section 1703 to
automobile manufacturers and suppliers'.
(b) Conforming Amendment- Section 1703(b) of the Energy Policy Act of 2005
(42 U.S.C. 16513(b)) is amended by striking paragraph (8) and inserting the
following:
`(8) Production facilities for the manufacture of fuel efficient
vehicles or parts of those vehicles, including electric drive transportation
technology and advanced diesel vehicles.'.
SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
(a) Definitions- In this section:
(1) ADJUSTED AVERAGE FUEL ECONOMY- The term `adjusted average fuel
economy' means the average fuel economy of a manufacturer for all light duty
vehicles produced by the manufacturer, adjusted such that the fuel economy
of each vehicle that qualifies for an award shall be considered to be equal
to the average fuel economy for vehicles of a similar footprint for model
year 2005.
(2) ADVANCED TECHNOLOGY VEHICLE- The term `advanced technology vehicle'
means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in regulations
issued by the Administrator of the Environmental Protection Agency under
section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a
lower-numbered Bin emission standard;
(B) any new emission standard for fine particulate matter prescribed
by the Administrator under that Act (42 U.S.C. 7401 et seq.); and
(C) at least 125 percent of the average base year combined fuel
economy, calculated on an energy-equivalent basis, for vehicles of a
substantially similar footprint.
(3) COMBINED FUEL ECONOMY- The term `combined fuel economy'
means--
(A) the combined city/highway miles per gallon values, as reported in
accordance with section 32908 of title 49, United States Code;
and
(B) in the case of an electric drive vehicle with the ability to
recharge from an off-board source, the reported mileage, as determined in
a manner consistent with the Society of Automotive Engineers recommended
practice for that configuration or a similar practice recommended by the
Secretary, using a petroleum equivalence factor for the off-board
electricity (as defined in section 474 of title 10, Code of Federal
Regulations).
(4) ENGINEERING INTEGRATION COSTS- The term `engineering integration
costs' includes the cost of engineering tasks relating to--
(A) incorporating qualifying components into the design of advanced
technology vehicles; and
(B) designing new tooling and equipment for production facilities that
produce qualifying components or advanced technology vehicles.
(5) QUALIFYING COMPONENTS- The term `qualifying components' means
components that the Secretary determines to be--
(A) specially designed for advanced technology vehicles; and
(B) installed for the purpose of meeting the performance requirements
of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility- The Secretary shall provide
facility funding awards under this section to automobile manufacturers and
component suppliers to pay not more than 30 percent of the cost of--
(1) reequipping, expanding, or establishing a manufacturing facility in
the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States of qualifying
vehicles and qualifying components.
(c) Period of Availability- An award under subsection (b) shall apply
to--
(1) facilities and equipment placed in service before December 30, 2017;
and
(2) engineering integration costs incurred during the period beginning
on the date of enactment of this Act and ending on December 30, 2017.
(d) Improvement- The Secretary shall issue regulations that require that,
in order for an automobile manufacturer to be eligible for an award under this
section during a particular year, the adjusted average fuel economy of the
manufacturer for light duty vehicles produced by the manufacturer during the
most recent year for which data are available shall be not less than the
average fuel economy for all light duty vehicles of the manufacturer for model
year 2005.
SEC. 244. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title- This section may be cited as the `United States Energy
Storage Competitiveness Act of 2007'.
(b) Energy Storage Systems for Motor Transportation and Electricity
Transmission and Distribution-
(1) DEFINITIONS- In this subsection:
(A) COUNCIL- The term `Council' means the Energy Storage Advisory
Council established under paragraph (3).
(B) COMPRESSED AIR ENERGY STORAGE- The term `compressed air energy
storage' means, in the case of an electricity grid application, the
storage of energy through the compression of air.
(C) DEPARTMENT- The term `Department' means the Department of
Energy.
(D) FLYWHEEL- The term `flywheel' means, in the case of an electricity
grid application, a device used to store rotational kinetic
energy.
(E) ULTRACAPACITOR- The term `ultracapacitor' means an energy storage
device that has a power density comparable to conventional capacitors but
capable of exceeding the energy density of conventional capacitors by
several orders of magnitude.
(2) PROGRAM- The Secretary shall carry out a research, development, and
demonstration program to support the ability of the United States to remain
globally competitive in energy storage systems for motor transportation and
electricity transmission and distribution.
(3) ENERGY STORAGE ADVISORY COUNCIL-
(A) ESTABLISHMENT- Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish an Energy Storage Advisory
Council.
(i) IN GENERAL- Subject to clause (ii), the Council shall consist of
not less than 15 individuals appointed by the Secretary, based on
recommendations of the National Academy of Sciences.
(ii) ENERGY STORAGE INDUSTRY- The Council shall consist primarily of
representatives of the energy storage industry of the United
States.
(iii) CHAIRPERSON- The Secretary shall select a Chairperson for the
Council from among the members appointed under clause (i)
(i) IN GENERAL- The Council shall meet not less than once a
year.
(ii) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee
Act (5 U.S.C. App. 2) shall apply to a meeting of the
Council.
(D) PLANS- No later than 1 year after the date of enactment of this
Act, in conjunction with the Secretary, the Council shall develop 5-year
plans for integrating basic and applied research so that the United States
retains a globally competitive domestic energy storage industry for motor
transportation and electricity transmission and distribution.
(E) REVIEW- The Council shall--
(i) assess the performance of the Department in meeting the goals of
the plans developed under subparagraph (D); and
(ii) make specific recommendations to the Secretary on programs or
activities that should be established or terminated to meet those
goals.
(4) BASIC RESEARCH PROGRAM-
(A) BASIC RESEARCH- The Secretary shall conduct a basic research
program on energy storage systems to support motor transportation and
electricity transmission and distribution, including--
(ii) materials synthesis and characterization;
(iii) electrolytes, including bioelectrolytes;
(iv) surface and interface dynamics; and
(v) modeling and simulation.
(B) NANOSCIENCE CENTERS- The Secretary shall ensure that the
nanoscience centers of the Department--
(i) support research in the areas described in subparagraph (A), as
part of the mission of the centers; and
(ii) coordinate activities of the centers with activities of the
Council.
(5) APPLIED RESEARCH PROGRAM- The Secretary shall conduct an applied
research program on energy storage systems to support motor transportation
and electricity transmission and distribution technologies,
including--
(D) compressed air energy systems;
(E) power conditioning electronics; and
(F) manufacturing technologies for energy storage systems.
(6) ENERGY STORAGE RESEARCH CENTERS-
(A) IN GENERAL- The Secretary shall establish, through competitive
bids, 4 energy storage research centers to translate basic research into
applied technologies to advance the capability of the United States to
maintain a globally competitive posture in energy storage systems for
motor transportation and electricity transmission and
distribution.
(B) PROGRAM MANAGEMENT- The centers shall be jointly managed by the
Under Secretary for Science and the Under Secretary of Energy of the
Department.
(C) PARTICIPATION AGREEMENTS- As a condition of participating in a
center, a participant shall enter into a participation agreement with the
center that requires that activities conducted by the participant for the
center promote the goal of enabling the United States to compete
successfully in global energy storage markets.
(D) PLANS- A center shall conduct activities that promote the
achievement of the goals of the plans of the Council under paragraph
(3)(D).
(E) COST SHARING- In carrying out this paragraph, the Secretary shall
require cost-sharing in accordance with section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352).
(F) NATIONAL LABORATORIES- A national laboratory (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) may
participate in a center established under this paragraph, including a
cooperative research and development agreement (as defined in section
12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(G) INTELLECTUAL PROPERTY- A participant shall be provided appropriate
intellectual property rights commensurate with the nature of the
participation agreement of the participant.
(7) REVIEW BY NATIONAL ACADEMY OF SCIENCES- Not later than 5 years after
the date of enactment of this Act, the Secretary shall offer to enter into
an arrangement with the National Academy of Sciences to assess the
performance of the Department in making the United States globally
competitive in energy storage systems for motor transportation and
electricity transmission and distribution.
(8) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out--
(A) the basic research program under paragraph (4) $50,000,000 for
each of fiscal years 2008 through 2017;
(B) the applied research program under paragraph (5) $80,000,000 for
each of fiscal years 2008 through 2017; and;
(C) the energy storage research center program under paragraph (6)
$100,000,000 for each of fiscal years 2008 through 2017.
SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.
(a) Electric Drive Vehicle Demonstration Program-
(1) DEFINITION OF ELECTRIC DRIVE VEHICLE- In this subsection, the term
`electric drive vehicle' means a precommercial vehicle that--
(A) draws motive power from a battery with at least 4 kilowatt-hours
of electricity;
(B) can be recharged from an external source of electricity for motive
power; and
(C) is a light-, medium-, or heavy-duty onroad or nonroad
vehicle.
(2) PROGRAM- The Secretary shall establish a competitive program to
provide grants for demonstrations of electric drive vehicles.
(3) ELIGIBILITY- A State government, local government, metropolitan
transportation authority, air pollution control district, private entity,
and nonprofit entity shall be eligible to receive a grant under this
subsection.
(4) PRIORITY- In making grants under this subsection, the Secretary
shall give priority to proposals that--
(A) are likely to contribute to the commercialization and production
of electric drive vehicles in the United States; and
(B) reduce petroleum usage.
(5) SCOPE OF DEMONSTRATIONS- The Secretary shall ensure, to the extent
practicable, that the program established under this subsection includes a
variety of applications, manufacturers, and end-uses.
(6) REPORTING- The Secretary shall require a grant recipient under this
subsection to submit to the Secretary, on an annual basis, data relating to
vehicle, performance, life cycle costs, and emissions of vehicles
demonstrated under the grant, including emissions of greenhouse gases.
(7) COST SHARING- Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a grant made under this subsection.
(8) AUTHORIZATIONS OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection $60,000,000 for each of fiscal
years 2008 through 2012, of which not less than $20,000,000 shall be
available each fiscal year only to make grants local and municipal
governments.
(b) Near-Term Oil Saving Transportation Deployment Program-
(1) DEFINITION OF QUALIFIED TRANSPORTATION PROJECT- In this subsection,
the term `qualified transportation project' means--
(A) a project that simultaneously reduces emissions of criteria
pollutants, greenhouse gas emissions, and petroleum usage by at least 40
percent as compared to commercially available, petroleum-based
technologies used in nonroad vehicles; and
(B) an electrification project involving onroad commercial trucks,
rail transportation, or ships, and any associated infrastructure
(including any panel upgrades, battery chargers, trenching, and
alternative fuel infrastructure).
(2) PROGRAM- Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of Transportation,
shall establish a program to provide grants to eligible entities for the
conduct of qualified transportation projects.
(3) PRIORITY- In providing grants under this subsection, the Secretary
shall give priority to large-scale projects and large-scale aggregators of
projects.
(4) COST SHARING- Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a grant made under this subsection.
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to carry this
subsection $90,000,000 for each of fiscal years 2008 through 2013.
Subtitle D--Setting Energy Efficiency Goals
SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN TRANSPORTATION.
(a) Goals- The goals of the United States are to reduce gasoline usage in
the United States from the levels projected under subsection (b) by--
(1) 20 percent by calendar year 2017;
(2) 35 percent by calendar year 2025; and
(3) 45 percent by calendar year 2030.
(b) Measurement- For purposes of subsection (a), reduction in gasoline
usage shall be measured from the estimates for each year in subsection (a)
contained in the reference case in the report of the Energy Information
Administration entitled `Annual Energy Outlook 2007'.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary, in cooperation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate Federal
agencies, shall develop a strategic plan to achieve the national goals for
reduction in gasoline usage established under subsection (a).
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a
manner that provides appropriate opportunities for public comment.
(d) Plan Contents- The strategic plan shall--
(1) establish future regulatory, funding, and policy priorities to
ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations used to
establish baseline and energy savings data.
(1) IN GENERAL- The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national energy policy
plan required by section 801 of the Department of Energy Organization Act
(42 U.S.C. 7321).
(2) CONTENTS- In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency policies to
achieve the national goals established under subsection (a); and
(B) to the maximum extent practicable, verify energy savings resulting
from the policies.
(f) Report to Congress and Public- The Secretary shall submit to Congress,
and make available to the public, the initial strategic plan developed under
subsection (c) and each updated plan.
SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.
(a) Goals- The goals of the United States are--
(1) to achieve an improvement in the overall energy productivity of the
United States (measured in gross domestic product per unit of energy input)
of at least 2.5 percent per year by the year 2012; and
(2) to maintain that annual rate of improvement each year through
2030.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary, in cooperation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate Federal
agencies, shall develop a strategic plan to achieve the national goals for
improvement in energy productivity established under subsection (a).
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a
manner that provides appropriate opportunities for public input and
comment.
(c) Plan Contents- The strategic plan shall--
(1) establish future regulatory, funding, and policy priorities to
ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations used to
establish baseline and energy savings data.
(1) IN GENERAL- The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national energy policy
plan required by section 801 of the Department of Energy Organization Act
(42 U.S.C. 7321).
(2) CONTENTS- In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency policies to
achieve the national goals established under subsection (a); and
(B) verify, to the maximum extent practicable, energy savings
resulting from the policies.
(e) Report to Congress and Public- The Secretary shall submit to Congress,
and make available to the public, the initial strategic plan developed under
subsection (b) and each updated plan.
SEC. 253. NATIONAL MEDIA CAMPAIGN.
(a) In General- The Secretary, acting through the Assistant Secretary for
Energy Efficiency and Renewable Energy (referred to in this section as the
`Secretary'), shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of the United
States over the next decade;
(2) to promote the national security benefits associated with increased
energy efficiency; and
(3) to decrease oil consumption in the United States over the next
decade.
(b) Contract With Entity- The Secretary shall carry out subsection (a)
directly or through--
(1) competitively bid contracts with 1 or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements; or
(2) collective agreements with 1 or more nationally recognized
institutes, businesses, or nonprofit organizations for the funding,
development, and distribution of monthly television, radio, and newspaper
public service announcements.
(1) IN GENERAL- Amounts made available to carry out this section shall
be used for the following:
(i) The purchase of media time and space.
(ii) Creative and talent costs.
(iii) Testing and evaluation of advertising.
(iv) Evaluation of the effectiveness of the media
campaign.
(B) ADMINISTRATIVE COSTS- Operational and management
expenses.
(2) LIMITATIONS- In carrying out this section, the Secretary shall
allocate not less than 85 percent of funds made available under subsection
(e) for each fiscal year for the advertising functions specified under
paragraph (1)(A).
(d) Reports- The Secretary shall annually submit to Congress a report that
describes--
(1) the strategy of the national media campaign and whether specific
objectives of the campaign were accomplished, including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration whether the media
campaign contributed to reduction of energy consumption;
(2) steps taken to ensure that the national media campaign operates in
an effective and efficient manner consistent with the overall strategy and
focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal funds are
used responsibly to purchase advertising time and space and eliminate the
potential for waste, fraud, and abuse; and
(5) all contracts or cooperative agreements entered into with a
corporation, partnership, or individual working on behalf of the national
media campaign.
(e) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this
section $5,000,000 for each of fiscal years 2008 through 2012.
(2) DECREASED OIL CONSUMPTION- The Secretary shall use not less than 50
percent of the amount that is made available under this section for each
fiscal year to develop and conduct a national media campaign to decrease oil
consumption in the United States over the next decade.
SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.
(a) Statement of Policy- It is the policy of the United States that
developing and deploying advanced technology to modernize and increase the
efficiency of the electricity grid system of the United States is essential to
maintain a reliable and secure electricity transmission and distribution
infrastructure that can meet future demand growth.
(b) Programs- The Secretary, the Federal Energy Regulatory Commission, and
other Federal agencies, as appropriate, shall carry out programs to support
the use, development, and demonstration of advanced transmission and
distribution technologies, including real-time monitoring and analytical
software--
(1) to maximize the capacity and efficiency of electricity
networks;
(2) to enhance grid reliability;
(3) to reduce line losses;
(4) to facilitate the transition to real-time electricity pricing;
(5) to allow grid incorporation of more onsite renewable energy
generators;
(6) to enable electricity to displace a portion of the petroleum used to
power the national transportation system of the United States; and
(7) to enable broad deployment of distributed generation and demand side
management technology.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy
SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.
(a) Federal Fleet Conservation Requirements-
(1) IN GENERAL- Part J of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6374 et seq.) is amended by adding at the end
the following:
`SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
`(a) Mandatory Reduction in Petroleum Consumption-
`(1) IN GENERAL- The Secretary shall issue regulations (including
provisions for waivers from the requirements of this section) for Federal
fleets subject to section 400AA requiring that not later than October 1,
2015, each Federal agency achieve at least a 20 percent reduction in
petroleum consumption, and that each Federal agency increase alternative
fuel consumption by 10 percent annually, as calculated from the baseline
established by the Secretary for fiscal year 2005.
`(A) REQUIREMENT- The regulations shall require each Federal agency to
develop a plan to meet the required petroleum reduction levels and the
alternative fuel consumption increases.
`(B) MEASURES- The plan may allow an agency to meet the required
petroleum reduction level through--
`(i) the use of alternative fuels;
`(ii) the acquisition of vehicles with higher fuel economy,
including hybrid vehicles, neighborhood electric vehicles, electric
vehicles, and plug-in hybrid vehicles if the vehicles are commercially
available;
`(iii) the substitution of cars for light trucks;
`(iv) an increase in vehicle load factors;
`(v) a decrease in vehicle miles traveled;
`(vi) a decrease in fleet size; and
`(b) Federal Employee Incentive Programs for Reducing Petroleum
Consumption-
`(1) IN GENERAL- Each Federal agency shall actively promote incentive
programs that encourage Federal employees and contractors to reduce
petroleum usage through the use of practices such as--
`(2) MONITORING AND SUPPORT FOR INCENTIVE PROGRAMS- The Administrator of
General Services, the Director of the Office of Personnel Management, and
the Secretary of Energy shall monitor and provide appropriate support to
agency programs described in paragraph (1).
`(3) RECOGNITION- The Secretary may establish a program under which the
Secretary recognizes private sector employers and State and local
governments for outstanding programs to reduce petroleum usage through
practices described in paragraph (1).
`(1) IN GENERAL- Except as provided in paragraph (2), the regulations
issued under subsection (a)(1) shall include a requirement that, to the
maximum extent practicable, each Federal agency purchase energy-efficient
replacement tires for the respective fleet vehicles of the agency.
`(2) EXCEPTIONS- This section does not apply to--
`(A) law enforcement motor vehicles;
`(B) emergency motor vehicles; or
`(C) motor vehicles acquired and used for military purposes that the
Secretary of Defense has certified to the Secretary must be exempt for
national security reasons.
`(d) Annual Reports on Compliance- The Secretary shall submit to Congress
an annual report that summarizes actions taken by Federal agencies to comply
with this section.'.
(2) TABLE OF CONTENTS AMENDMENT- The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at
the end of the items relating to part J of title III the following:
`Sec. 400FF. Federal fleet conservation requirements.'.
(b) Authorization of Appropriations- There is authorized to be
appropriated to carry out the amendment made by this section $10,000,000 for
the period of fiscal years 2008 through 2013.
SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY GENERATED BY RENEWABLE
ENERGY.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is
amended--
(1) by striking subsection (a) and inserting the following:
`(1) IN GENERAL- The President, acting through the Secretary, shall
require that, to the extent economically feasible and technically
practicable, of the total quantity of domestic electric energy the Federal
Government consumes during any fiscal year, the following percentages shall
be renewable energy from facilities placed in service after January 1,
1999:
`(A) Not less than 10 percent in fiscal year 2010.
`(B) Not less than 15 percent in fiscal year 2015.
`(2) CAPITOL COMPLEX- The Architect of the Capitol, in consultation with
the Secretary, shall ensure that, of the total quantity of electric energy
the Capitol complex consumes during any fiscal year, the percentages
prescribed in paragraph (1) shall be renewable energy.
`(3) WAIVER AUTHORITY- The President may reduce or waive the requirement
under paragraph (1) on a fiscal-year basis if the President determines that
complying with paragraph (1) for a fiscal year would result in--
`(A) a negative impact on military training or readiness activities
conducted by the Department of Defense;
`(B) a negative impact on domestic preparedness activities conducted
by the Department of Homeland Security; or
`(C) a requirement that a Federal agency provide emergency response
services in the event of a natural disaster or terrorist attack.';
and
(2) by adding at the end the following:
`(e) Contracts for Renewable Energy From Public Utility Services-
Notwithstanding section 501(b)(1)(B) of title 40, United States Code, a
contract for renewable energy from a public utility service may be made for a
period of not more than 50 years.'.
SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Retention of Savings- Section 546(c) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(c)) is amended by striking paragraph
(5).
(b) Sunset and Reporting Requirements- Section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) is amended by striking subsection
(c).
(c) Definition of Energy Savings- Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii), respectively, and indenting appropriately;
(2) by striking `means a reduction' and inserting `means--
(3) by striking the period at the end and inserting a semicolon;
and
(4) by adding at the end the following:
`(B) the increased efficient use of an existing energy source by
cogeneration or heat recovery, and installation of renewable energy
systems;
`(C) if otherwise authorized by Federal or State law (including
regulations), the sale or transfer of electrical or thermal energy
generated on-site from renewable energy sources or cogeneration, but in
excess of Federal needs, to utilities or non-Federal energy users;
and
`(D) the increased efficient use of existing water sources in interior
or exterior applications.'.
(1) AUTHORITY TO ENTER INTO CONTRACTS- Section 801(a)(2)(D) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is
amended--
(A) in clause (ii), by inserting `and' after the semicolon at the
end;
(B) by striking clause (iii); and
(C) by redesignating clause (iv) as clause (iii).
(2) REPORTS- Section 548(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting `and any
termination penalty exposure' after `the energy and cost savings that have
resulted from such contracts'.
(3) CONFORMING AMENDMENT- Section 2913 of title 10, United States Code,
is amended by striking subsection (e).
(e) Energy and Cost Savings in Nonbuilding Applications-
(1) DEFINITIONS- In this subsection:
(A) NONBUILDING APPLICATION- The term `nonbuilding application'
means--
(i) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle, device, or
equipment by land, sea, or air and that consumes energy from any fuel
source for the purpose of--
(I) that transportation; or
(II) maintaining a controlled environment within the vehicle,
device, or equipment; and
(ii) any federally-owned equipment used to generate electricity or
transport water.
(i) IN GENERAL- The term `secondary savings' means additional energy
or cost savings that are a direct consequence of the energy savings that
result from the energy efficiency improvements that were financed and
implemented pursuant to an energy savings performance
contract.
(ii) INCLUSIONS- The term `secondary savings' includes--
(I) energy and cost savings that result from a reduction in the
need for fuel delivery and logistical support;
(II) personnel cost savings and environmental benefits;
and
(III) in the case of electric generation equipment, the benefits
of increased efficiency in the production of electricity, including
revenues received by the Federal Government from the sale of
electricity so produced.
(A) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall jointly
conduct, and submit to Congress and the President a report of, a study of
the potential for the use of energy savings performance contracts to
reduce energy consumption and provide energy and cost savings in
nonbuilding applications.
(B) REQUIREMENTS- The study under this subsection shall
include--
(i) an estimate of the potential energy and cost savings to the
Federal Government, including secondary savings and benefits, from
increased efficiency in nonbuilding applications;
(ii) an assessment of the feasibility of extending the use of energy
savings performance contracts to nonbuilding applications, including an
identification of any regulatory or statutory barriers to such use;
and
(iii) such recommendations as the Secretary and Secretary of Defense
determine to be appropriate.
SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL BUILDINGS.
Section 543(a)(1) of the National Energy Conservation Policy Act (42
U.S.C. 8253(a)(1)) is amended by striking the table and inserting the
following:
`Fiscal Year
Percentage reduction
2006
--2
2007
--4
2008
--9
2009
--12
2010
--15
2011
--18
2012
--21
2013
--24
2014
--27
2015
--30.'.
SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY INSTALLATIONS AT
FEDERAL SITES.
Section 543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is amended by adding at the end the following:
`(f) Combined Heat and Power and District Energy Installations at Federal
Sites-
`(1) IN GENERAL- Not later than 18 months after the date of enactment of
this subsection, the Secretary, in consultation with the Administrator of
General Services and the Secretary of Defense, shall identify Federal sites
that could achieve significant cost-effective energy savings through the use
of combined heat and power or district energy installations.
`(2) INFORMATION AND TECHNICAL ASSISTANCE- The Secretary shall provide
agencies with information and technical assistance that will enable the
agencies to take advantage of the energy savings described in paragraph
(1).
`(3) ENERGY PERFORMANCE REQUIREMENTS- Any energy savings from the
installations described in paragraph (1) may be applied to meet the energy
performance requirements for an agency under subsection (a)(1).'.
SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking `this paragraph' and
by inserting `the Energy Efficiency Promotion Act of 2007'; and
(A) in subclause (I), by striking `and' at the end;
(B) by redesignating subclause (II) as subclause (III); and
(C) by inserting after subclause (I) the following:
`(II) the buildings be designed, to the extent economically feasible
and technically practicable, so that the fossil fuel-generated energy
consumption of the buildings is reduced, as compared with the fossil
fuel-generated energy consumption by a similar Federal building in fiscal
year 2003 (as measured by Commercial Buildings Energy Consumption Survey
or Residential Energy Consumption Survey data from the Energy Information
Agency), by the percentage specified in the following table:
`Fiscal Year
Percentage reduction
2007
--50
2010
--60
2015
--70
2020
--80
2025
--90
2030
--100;
SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION CODE TO PUBLIC
AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12709) is amended--
(1) in subsection (a)(1)(C), by striking, `, where such standards are
determined to be cost effective by the Secretary of Housing and Urban
Development';
(2) in subsection (a)(2)--
(A) by striking `the Council of American Building Officials Model
Energy Code, 1992' and inserting `2006 International Energy Conservation
Code'; and
(B) by striking `, and, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(A) in the heading, by striking `Model Energy Code- ' and inserting
`International Energy Conservation Code- ';
(B) after `all new construction' in the first sentence insert `and
rehabilitation'; and
(C) by striking `, and, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(A) in the heading, by striking `Model Energy Code and'; and
(B) by striking `, or, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(5) by adding at the end the following:
`(d) Failure To Amend the Standards- If the Secretaries have not, within 1
year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1-2004
are revised, amended the standards or made a determination under subsection
(c) of this section, and if the Secretary of Energy has made a determination
under section 304 of the Energy Conservation and Production Act (42 U.S.C.
6833) that the revised code or standard would improve energy efficiency, all
new construction and rehabilitation of housing specified in subsection (a)
shall meet the requirements of the revised code or standard.';
(6) by striking `CABO Model Energy Code, 1992' each place it appears and
inserting `the 2006 IECC'; and
(7) by striking `1989' each place it appears and inserting `2004'.
SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions- In this section:
(1) CONSORTIUM- The term `consortium' means a working group that is
comprised of--
(A) individuals representing--
(i) 1 or more businesses engaged in--
(I) commercial building development;
(ii) financial institutions;
(iii) academic or research institutions;
(iv) State or utility energy efficiency programs;
(v) nongovernmental energy efficiency organizations; and
(vi) the Federal Government;
(B) 1 or more building designers; and
(C) 1 or more individuals who own or operate 1 or more
buildings.
(2) ENERGY EFFICIENT COMMERCIAL BUILDING- The term `energy efficient
commercial building' means a commercial building that is designed,
constructed, and operated--
(A) to require a greatly reduced quantity of energy;
(B) to meet, on an annual basis, the balance of energy needs of the
commercial building from renewable sources of energy; and
(C) to be economically viable.
(3) INITIATIVE- The term `initiative' means the Energy Efficient
Commercial Buildings Initiative.
(1) IN GENERAL- The Secretary shall enter into an agreement with the
consortium to develop and carry out the initiative--
(A) to reduce the quantity of energy consumed by commercial buildings
located in the United States; and
(B) to achieve the development of energy efficient commercial
buildings in the United States.
(2) GOAL OF INITIATIVE- The goal of the initiative shall be to develop
technologies and practices and implement policies that lead to energy
efficient commercial buildings for--
(A) any commercial building newly constructed in the United States by
2030;
(B) 50 percent of the commercial building stock of the United States
by 2040; and
(C) all commercial buildings in the United States by 2050.
(3) COMPONENTS- In carrying out the initiative, the Secretary, in
collaboration with the consortium, may--
(A) conduct research and development on building design, materials,
equipment and controls, operation and other practices, integration, energy
use measurement and benchmarking, and policies;
(B) conduct demonstration projects to evaluate replicable approaches
to achieving energy efficient commercial buildings for a variety of
building types in a variety of climate zones;
(C) conduct deployment activities to disseminate information on, and
encourage widespread adoption of, technologies, practices, and policies to
achieve energy efficient commercial buildings; and
(D) conduct any other activity necessary to achieve any goal of the
initiative, as determined by the Secretary, in collaboration with the
consortium.
(c) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated such sums as are
necessary to carry out this section.
(2) ADDITIONAL FUNDING- In addition to amounts authorized to be
appropriated under paragraph (1), the Secretary may allocate funds from
other appropriations to the initiative without changing the purpose for
which the funds are appropriated.
Subtitle F--Assisting State and Local Governments in Energy
Efficiency
SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.
Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872)
is amended by striking `$700,000,000 for fiscal year 2008' and inserting
`$750,000,000 for each of fiscal years 2008 through 2012'.
SEC. 272. STATE ENERGY CONSERVATION PLANS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking `fiscal year 2008' and inserting `each of
fiscal years 2008 through 2012'.
SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities- Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the
following:
`(16) INTEGRATED RESOURCE PLANNING- Each electric utility shall--
`(A) integrate energy efficiency resources into utility, State, and
regional plans; and
`(B) adopt policies establishing cost-effective energy efficiency as a
priority resource.
`(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS-
`(A) IN GENERAL- The rates allowed to be charged by any electric
utility shall--
`(i) align utility incentives with the delivery of cost-effective
energy efficiency; and
`(ii) promote energy efficiency investments.
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall
consider--
`(i) removing the throughput incentive and other regulatory and
management disincentives to energy efficiency;
`(ii) providing utility incentives for the successful management of
energy efficiency programs;
`(iii) including the impact on adoption of energy efficiency as 1 of
the goals of retail rate design, recognizing that energy efficiency must
be balanced with other objectives;
`(iv) adopting rate designs that encourage energy efficiency for
each customer class; and
`(v) allowing timely recovery of energy efficiency-related
costs.'.
(b) Natural Gas Utilities- Section 303(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 3203(b)) is amended by adding at the end the
following:
`(5) ENERGY EFFICIENCY- Each natural gas utility shall--
`(A) integrate energy efficiency resources into the plans and planning
processes of the natural gas utility; and
`(B) adopt policies that establish energy efficiency as a priority
resource in the plans and planning processes of the natural gas
utility.
`(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS-
`(A) IN GENERAL- The rates allowed to be charged by a natural gas
utility shall align utility incentives with the deployment of
cost-effective energy efficiency.
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall
consider--
`(i) separating fixed-cost revenue recovery from the volume of
transportation or sales service provided to the customer;
`(ii) providing to utilities incentives for the successful
management of energy efficiency programs, such as allowing utilities to
retain a portion of the cost-reducing benefits accruing from the
programs;
`(iii) promoting the impact on adoption of energy efficiency as 1 of
the goals of retail rate design, recognizing that energy efficiency must
be balanced with other objectives; and
`(iv) adopting rate designs that encourage energy efficiency for
each customer class.'.
SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM ASSISTANCE.
The Secretary shall provide technical assistance regarding the design and
implementation of the energy efficiency and demand response programs
established under this title, and the amendments made by this title, to State
energy offices, public utility regulatory commissions, and nonregulated
utilities through the appropriate national laboratories of the Department of
Energy.
SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
Title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) is amended by adding at the end the following:
`SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
`(a) Definitions- In this section
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(B) an eligible unit of local government within a State; and
`(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT- The term `eligible unit of local
government' means--
`(A) a city with a population--
`(i) of at least 35,000; or
`(ii) that causes the city to be 1 of the top 10 most populous
cities of the State in which the city is located; and
`(B) a county with a population--
`(i) of at least 200,000; or
`(ii) that causes the county to be 1 of the top 10 most populous
counties of the State in which the county is located.
`(3) SECRETARY- The term `Secretary' means the Secretary of
Energy.
`(4) STATE- The term `State' means--
`(B) the District of Columbia;
`(C) the Commonwealth of Puerto Rico; and
`(D) any other territory or possession of the United States.
`(b) Purpose- The purpose of this section is to assist State and local
governments in implementing strategies--
`(1) to reduce fossil fuel emissions created as a result of activities
within the boundaries of the States or units of local government;
`(2) to reduce the total energy use of the States and units of local
government; and
`(3) to improve energy efficiency in the transportation sector, building
sector, and any other appropriate sectors.
`(1) IN GENERAL- The Secretary shall provide to eligible entities block
grants to carry out eligible activities (as specified under paragraph (2))
relating to the implementation of environmentally beneficial energy
strategies.
`(2) ELIGIBLE ACTIVITIES- The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of
Transportation, and the Secretary of Housing and Urban Development, shall
establish a list of activities that are eligible for assistance under the
grant program.
`(3) ALLOCATION TO STATES AND ELIGIBLE UNITS OF LOCAL GOVERNMENT-
`(A) IN GENERAL- Of the amounts made available to provide grants under
this subsection, the Secretary shall allocate--
`(i) 70 percent to eligible units of local government;
and
`(ii) 30 percent to States.
`(B) DISTRIBUTION TO ELIGIBLE UNITS OF LOCAL GOVERNMENT-
`(i) IN GENERAL- The Secretary shall establish a formula for the
distribution of amounts under subparagraph (A)(i) to eligible units of
local government, taking into account any factors that the Secretary
determines to be appropriate, including the residential and daytime
population of the eligible units of local government.
`(ii) CRITERIA- Amounts shall be distributed to eligible units of
local government under clause (i) only if the eligible units of local
government meet the criteria for distribution established by the
Secretary for units of local government.
`(C) DISTRIBUTION TO STATES-
`(i) IN GENERAL- Of the amounts provided to States under
subparagraph (A)(ii), the Secretary shall distribute--
`(I) at least 1.25 percent to each State; and
`(II) the remainder among the States, based on a formula, to be
determined by the Secretary, that takes into account the population of
the States and any other criteria that the Secretary determines to be
appropriate.
`(ii) CRITERIA- Amounts shall be distributed to States under clause
(i) only if the States meet the criteria for distribution established by
the Secretary for States.
`(iii) LIMITATION ON USE OF STATE FUNDS- At least 40 percent of the
amounts distributed to States under this subparagraph shall be used by
the States for the conduct of eligible activities in nonentitlement
areas in the States, in accordance with any criteria established by the
Secretary.
`(4) REPORT- Not later than 2 years after the date on which an eligible
entity first receives a grant under this section, and every 2 years
thereafter, the eligible entity shall submit to the Secretary a report that
describes any eligible activities carried out using assistance provided
under this subsection.
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this subsection for
each of fiscal years 2008 through 2012.
`(d) Environmentally Beneficial Energy Strategies Supplemental Grant
Program-
`(1) IN GENERAL- The Secretary shall provide to each eligible entity
that meets the applicable criteria under subparagraph (B)(ii) or (C)(ii) of
subsection (c)(3) a supplemental grant to pay the Federal share of the total
costs of carrying out an activity relating to the implementation of an
environmentally beneficial energy strategy.
`(2) REQUIREMENTS- To be eligible for a grant under paragraph (1), an
eligible entity shall--
`(A) demonstrate to the satisfaction of the Secretary that the
eligible entity meets the applicable criteria under subparagraph (B)(ii)
or (C)(ii) of subsection (c)(3); and
`(B) submit to the Secretary for approval a plan that describes the
activities to be funded by the grant.
`(3) COST-SHARING REQUIREMENT-
`(A) FEDERAL SHARE- The Federal share of the cost of carrying out any
activities under this subsection shall be 75 percent.
`(i) FORM- Not more than 50 percent of the non-Federal share may be
in the form of in-kind contributions.
`(ii) LIMITATION- Amounts provided to an eligible entity under
subsection (c) shall not be used toward the non-Federal
share.
`(4) MAINTENANCE OF EFFORT- An eligible entity shall provide assurances
to the Secretary that funds provided to the eligible entity under this
subsection will be used only to supplement, not to supplant, the amount of
Federal, State, and local funds otherwise expended by the eligible entity
for eligible activities under this subsection.
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this subsection for
each of fiscal years 2008 through 2012.
`(e) Grants to Other States and Communities-
`(1) IN GENERAL- Of the total amount of funds that are made available
each fiscal year to carry out this section, the Secretary shall use 2
percent of the amount to make competitive grants under this section to
States and units of local government that are not eligible entities or to
consortia of such units of local government.
`(2) APPLICATIONS- To be eligible for a grant under this subsection, a
State, unit of local government, or consortia described in paragraph (1)
shall apply to the Secretary for a grant to carry out an activity that would
otherwise be eligible for a grant under subsection (c) or (d).
`(3) PRIORITY- In awarding grants under this subsection, the Secretary
shall give priority to--
`(A) States with populations of less than 2,000,000; and
`(B) projects that would result in significant energy efficiency
improvements, reductions in fossil fuel use, or capital
improvements.'.
SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF
HIGHER EDUCATION.
Part G of title III of the Energy Policy and Conservation Act is amended
by inserting after section 399 (42 U.S.C. 371h) the following:
`SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF
HIGHER EDUCATION.
`(a) Definitions- In this section:
`(1) ENERGY SUSTAINABILITY- The term `energy sustainability' includes
using a renewable energy resource and a highly efficient technology for
electricity generation, transportation, heating, or cooling.
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
`(b) Grants for Energy Efficiency Improvement-
`(1) IN GENERAL- The Secretary shall award not more than 100 grants to
institutions of higher education to carry out projects to improve energy
efficiency on the grounds and facilities of the institution of higher
education, including not less than 1 grant to an institution of higher
education in each State.
`(2) CONDITION- As a condition of receiving a grant under this
subsection, an institution of higher education shall agree to--
`(A) implement a public awareness campaign concerning the project in
the community in which the institution of higher education is located;
and
`(B) submit to the Secretary, and make available to the public,
reports on any efficiency improvements, energy cost savings, and
environmental benefits achieved as part of a project carried out under
paragraph (1).
`(c) Grants for Innovation in Energy Sustainability-
`(1) IN GENERAL- The Secretary shall award not more than 250 grants to
institutions of higher education to engage in innovative energy
sustainability projects, including not less than 2 grants to institutions of
higher education in each State.
`(2) INNOVATION PROJECTS- An innovation project carried out with a grant
under this subsection shall--
`(i) an innovative technology that is not yet commercially
available; or
`(ii) available technology in an innovative application that
maximizes energy efficiency and sustainability;
`(B) have the greatest potential for testing or demonstrating new
technologies or processes; and
`(C) ensure active student participation in the project, including the
planning, implementation, evaluation, and other phases of the
project.
`(3) CONDITION- As a condition of receiving a grant under this
subsection, an institution of higher education shall agree to submit to the
Secretary, and make available to the public, reports that describe the
results of the projects carried out under paragraph (1).
`(1) APPLICATION- An institution of higher education that seeks to
receive a grant under this section may submit to the Secretary an
application for the grant at such time, in such form, and containing such
information as the Secretary may prescribe.
`(2) SELECTION- The Secretary shall establish a committee to assist in
the selection of grant recipients under this section.
`(e) Allocation to Institutions of Higher Education With Small Endowments-
Of the amount of grants provided for a fiscal year under this section, the
Secretary shall provide not less 50 percent of the amount to institutions of
higher education that have an endowment of not more than $100,000,000, with 50
percent of the allocation set aside for institutions of higher education that
have an endowment of not more than $50,000,000.
`(f) Grant Amounts- The maximum amount of grants for a project under this
section shall not exceed--
`(1) in the case of grants for energy efficiency improvement under
subsection (b), $1,000,000; or
`(2) in the case of grants for innovation in energy sustainability under
subsection (c), $500,000.
`(g) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section for each of
fiscal years 2008 through 2012.'.
SEC. 277. WORKFORCE TRAINING.
Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 16411) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
`(1) IN GENERAL- The Secretary, in cooperation with the Secretary of
Labor, shall promulgate regulations to implement a program to provide
workforce training to meet the high demand for workers skilled in the energy
efficiency and renewable energy industries.
`(2) CONSULTATION- In carrying out this subsection, the Secretary shall
consult with representatives of the energy efficiency and renewable energy
industries concerning skills that are needed in those industries.'.
SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.
(a) Statement of Policy- Congress encourages each local educational agency
(as defined in section 9101(26) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(26))) that receives Federal funds under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to develop a
policy to reduce the incidence of school bus idling at schools while picking
up and unloading students.
(b) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary, working in coordination with the Secretary of
Education, $5,000,000 for each of fiscal years 2007 through 2012 for use in
educating States and local education agencies about--
(1) benefits of reducing school bus idling; and
(2) ways in which school bus idling may be reduced.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the `Carbon Capture and Sequestration Act of
2007'.
SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in the section heading, by striking `research and development' and
inserting `and storage research, development, and demonstration';
(A) by striking `research and development' and inserting `and storage
research, development, and demonstration'; and
(B) by striking `capture technologies on combustion-based systems' and
inserting `capture and storage technologies related to energy
systems';
(A) in paragraph (3), by striking `and' at the end;
(B) in paragraph (4), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(5) to expedite and carry out large-scale testing of carbon
sequestration systems in a range of geological formations that will provide
information on the cost and feasibility of deployment of sequestration
technologies.'; and
(4) by striking subsection (c) and inserting the following:
`(c) Programmatic Activities-
`(1) ENERGY RESEARCH AND DEVELOPMENT UNDERLYING CARBON CAPTURE AND
STORAGE TECHNOLOGIES AND CARBON USE ACTIVITIES-
`(A) IN GENERAL- The Secretary shall carry out fundamental science and
engineering research (including laboratory-scale experiments, numeric
modeling, and simulations) to develop and document the performance of new
approaches to capture and store, recycle, or reuse carbon
dioxide.
`(B) PROGRAM INTEGRATION- The Secretary shall ensure that fundamental
research carried out under this paragraph is appropriately applied to
energy technology development activities, the field testing of carbon
sequestration, and carbon use activities, including--
`(i) development of new or improved technologies for the capture of
carbon dioxide;
`(ii) development of new or improved technologies that reduce the
cost and increase the efficacy of the compression of carbon dioxide
required for the storage of carbon dioxide;
`(iii) modeling and simulation of geological sequestration field
demonstrations;
`(iv) quantitative assessment of risks relating to specific field
sites for testing of sequestration technologies; and
`(v) research and development of new and improved technologies for
carbon use, including recycling and reuse of carbon dioxide.
`(2) CARBON CAPTURE DEMONSTRATION PROJECT-
`(A) IN GENERAL- The Secretary shall carry out a demonstration of
large-scale carbon dioxide capture from an appropriate gasification
facility selected by the Secretary.
`(B) LINK TO STORAGE ACTIVITIES- The Secretary may require the use of
carbon dioxide from the project carried out under subparagraph (A) in a
field testing validation activity under this section.
`(3) FIELD VALIDATION TESTING ACTIVITIES-
`(A) IN GENERAL- The Secretary shall promote, to the maximum extent
practicable, regional carbon sequestration partnerships to conduct
geologic sequestration tests involving carbon dioxide injection and
monitoring, mitigation, and verification operations in a variety of
candidate geological settings, including--
`(i) operating oil and gas fields;
`(ii) depleted oil and gas fields;
`(iii) unmineable coal seams;
`(iv) deep saline formations;
`(v) deep geological systems that may be used as engineered
reservoirs to extract economical quantities of heat from geothermal
resources of low permeability or porosity; and
`(vi) deep geologic systems containing basalt
formations.
`(B) OBJECTIVES- The objectives of tests conducted under this
paragraph shall be--
`(i) to develop and validate geophysical tools, analysis, and
modeling to monitor, predict, and verify carbon dioxide
containment;
`(ii) to validate modeling of geological formations;
`(iii) to refine storage capacity estimated for particular
geological formations;
`(iv) to determine the fate of carbon dioxide concurrent with and
following injection into geological formations;
`(v) to develop and implement best practices for operations relating
to, and monitoring of, injection and storage of carbon dioxide in
geologic formations;
`(vi) to assess and ensure the safety of operations related to
geological storage of carbon dioxide; and
`(vii) to allow the Secretary to promulgate policies, procedures,
requirements, and guidance to ensure that the objectives of this
subparagraph are met in large-scale testing and deployment activities
for carbon capture and storage that are funded by the Department of
Energy.
`(4) LARGE-SCALE TESTING AND DEPLOYMENT-
`(A) IN GENERAL- The Secretary shall conduct not less than 7 initial
large-volume sequestration tests for geological containment of carbon
dioxide (at least 1 of which shall be international in scope) to validate
information on the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
`(B) DIVERSITY OF FORMATIONS TO BE STUDIED- In selecting formations
for study under this paragraph, the Secretary shall consider a variety of
geological formations across the United States, and require
characterization and modeling of candidate formations, as determined by
the Secretary.
`(5) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS PROPOSALS- In
making competitive awards under this subsection, subject to the requirements
of section 989, the Secretary shall give preference to proposals from
partnerships among industrial, academic, and government entities.
`(6) COST SHARING- Activities under this subsection shall be considered
research and development activities that are subject to the cost-sharing
requirements of section 988(b).
`(7) PROGRAM REVIEW AND REPORT- During fiscal year 2011, the Secretary
shall--
`(A) conduct a review of programmatic activities carried out under
this subsection; and
`(B) make recommendations with respect to continuation of the
activities.
`(d) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section--
`(1) $150,000,000 for fiscal year 2008;
`(2) $200,000,000 for fiscal year 2009;
`(3) $200,000,000 for fiscal year 2010;
`(4) $180,000,000 for fiscal year 2011; and
`(5) $165,000,000 for fiscal year 2012.'.
SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions- In this section
(1) ASSESSMENT- The term `assessment' means the national assessment of
capacity for carbon dioxide completed under subsection (f).
(2) CAPACITY- The term `capacity' means the portion of a storage
formation that can retain carbon dioxide in accordance with the requirements
(including physical, geological, and economic requirements) established
under the methodology developed under subsection (b).
(3) ENGINEERED HAZARD- The term `engineered hazard' includes the
location and completion history of any well that could affect potential
storage.
(4) RISK- The term `risk' includes any risk posed by geomechanical,
geochemical, hydrogeological, structural, and engineered hazards.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior,
acting through the Director of the United States Geological Survey.
(6) STORAGE FORMATION- The term `storage formation' means a deep saline
formation, unmineable coal seam, or oil or gas reservoir that is capable of
accommodating a volume of industrial carbon dioxide.
(b) Methodology- Not later than 1 year after the date of enactment of this
Act, the Secretary shall develop a methodology for conducting an assessment
under subsection (f), taking into consideration--
(1) the geographical extent of all potential storage formations in all
States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas recoverable by
injection and storage of industrial carbon dioxide in potential storage
formations;
(5) the risk associated with the potential storage formations; and
(6) the Carbon Sequestration Atlas of the United States and Canada that
was completed by the Department of Energy in April 2006.
(1) FEDERAL COORDINATION-
(A) CONSULTATION- The Secretary shall consult with the Secretary of
Energy and the Administrator of the Environmental Protection Agency on
issues of data sharing, format, development of the methodology, and
content of the assessment required under this title to ensure the maximum
usefulness and success of the assessment.
(B) COOPERATION- The Secretary of Energy and the Administrator shall
cooperate with the Secretary to ensure, to the maximum extent practicable,
the usefulness and success of the assessment.
(2) STATE COORDINATION- The Secretary shall consult with State
geological surveys and other relevant entities to ensure, to the maximum
extent practicable, the usefulness and success of the assessment.
(d) External Review and Publication- On completion of the methodology
under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the public and the
heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the matters
described in paragraphs (1) through (5) of subsection (b) composed, as
appropriate, of representatives of Federal agencies, institutions of higher
education, nongovernmental organizations, State organizations, industry, and
international geoscience organizations to review the methodology and
comments received under paragraph (1); and
(3) on completion of the review under paragraph (2), publish in the
Federal Register the revised final methodology.
(e) Periodic Updates- The methodology developed under this section shall
be updated periodically (including at least once every 5 years) to incorporate
new data as the data becomes available.
(1) IN GENERAL- Not later than 2 years after the date of publication of
the methodology under subsection (d)(1), the Secretary, in consultation with
the Secretary of Energy and State geological surveys, shall complete a
national assessment of capacity for carbon dioxide in accordance with the
methodology.
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this
subsection, the Secretary shall carry out a drilling program to supplement
the geological data relevant to determining storage capacity of carbon
dioxide in geological storage formations, including--
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the drilling
program under paragraph (2), the Secretary shall enter, as appropriate, into
partnerships with other entities to collect and integrate data from other
drilling programs relevant to the storage of carbon dioxide in geologic
formations.
(4) INCORPORATION INTO NATCARB-
(A) IN GENERAL- On completion of the assessment, the Secretary of
Energy shall incorporate the results of the assessment using the NatCarb
database, to the maximum extent practicable.
(B) RANKING- The database shall include the data necessary to rank
potential storage sites for capacity and risk, across the United States,
within each State, by formation, and within each basin.
(5) REPORT- Not later than 180 days after the date on which the
assessment is completed, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Science and
Technology of the House of Representatives a report describing the findings
under the assessment.
(6) PERIODIC UPDATES- The national assessment developed under this
section shall be updated periodically (including at least once every 5
years) to support public and private sector decisionmaking.
(g) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $30,000,000 for the period of fiscal
years 2008 through 2012.
SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.
(a) Industrial Sources of Carbon Dioxide Defined- In this section, the
term `industrial sources of carbon dioxide' means one or more facilities
to--
(1) generate electric energy from fossil fuels;
(3) manufacture iron or steel;
(4) manufacture cement or cement clinker;
(5) manufacture commodity chemicals (including from coal gasification);
or
(6) manufacture transportation fuels from coal.
(b) Program Establishment-
(1) IN GENERAL- The Secretary shall carry out a program to demonstrate
technologies for the large-scale capture of carbon dioxide from industrial
sources of carbon dioxide.
(2) SCOPE OF AWARD- An award under this section shall be only for the
portion of the project that carries out the large-scale capture (including
purification and compression) of carbon dioxide, as well as the cost of
transportation and injection of carbon dioxide.
(3) QUALIFICATIONS FOR AWARD- To be eligible for an award under this
section, a project proposal must include the following:
(A) CAPACITY- The capture of not less than eighty-five percent of the
produced carbon dioxide at the facility, and not less than 500,000 short
tons of carbon dioxide per year.
(B) STORAGE AGREEMENT- A binding agreement for the storage of all of
the captured carbon dioxide in--
(i) a field testing validation activity under section 963 of the
Energy Policy Act of 2005, as amended by this Act; or
(ii) other geological storage projects approved by the
Secretary.
(C) PURITY LEVEL- A purity level of at least 95 percent for the
captured carbon dioxide delivered for storage.
(D) COMMITMENT TO CONTINUED OPERATION OF SUCCESSFUL UNIT- If the
project successfully demonstrates capture and storage of carbon dioxide, a
commitment to continued capture and storage of carbon dioxide after the
conclusion of the demonstration.
(4) COST-SHARING- The cost-sharing requirements of section 988 of the
Energy Policy Act of 2005 shall apply to this section.
(c) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000 per year
for fiscal years 2009 through 2013.
END