--H.R.6--
H.R.6
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to protect
consumers, to increase the efficiency of products, buildings, and vehicles, to
promote research on and deploy greenhouse gas capture and storage options, and
to improve the energy performance of the Federal Government, and for other
purposes.
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 Independence and
Security 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. 3. Relationship to other law.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy Standards
Sec. 102. Average fuel economy standards for automobiles and certain
other vehicles.
Sec. 104. Credit trading program.
Sec. 105. Consumer information.
Sec. 106. Continued applicability of existing standards.
Sec. 107. National Academy of Sciences studies.
Sec. 108. National Academy of Sciences study of medium-duty and
heavy-duty truck fuel economy.
Sec. 109. Extension of flexible fuel vehicle credit program.
Sec. 110. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 111. Consumer tire information.
Sec. 112. Use of civil penalties for research and development.
Sec. 113. Exemption from separate calculation requirement.
Subtitle B--Improved Vehicle Technology
Sec. 131. Transportation electrification.
Sec. 132. Domestic manufacturing conversion grant program.
Sec. 133. Inclusion of electric drive in Energy Policy Act of
1992.
Sec. 134. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 135. Advanced battery loan guarantee program.
Sec. 136. Advanced technology vehicles manufacturing incentive
program.
Subtitle C--Federal Vehicle Fleets
Sec. 141. Federal vehicle fleets.
Sec. 142. Federal fleet conservation requirements.
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
Subtitle A--Renewable Fuel Standard
Sec. 202. Renewable fuel standard.
Sec. 203. Study of impact of Renewable Fuel Standard.
Sec. 204. Environmental and resource conservation impacts.
Sec. 205. Biomass based diesel and biodiesel labeling.
Sec. 206. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 207. Grants for production of advanced biofuels.
Sec. 208. Integrated consideration of water quality in determinations on
fuels and fuel additives.
Sec. 209. Anti-backsliding.
Sec. 210. Effective date, savings provision, and transition rules.
Subtitle B--Biofuels Research and Development
Sec. 223. Grants for biofuel production research and development in
certain States.
Sec. 224. Biorefinery energy efficiency.
Sec. 225. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 226. Study of engine durability and performance associated with the
use of biodiesel.
Sec. 227. Study of optimization of biogas used in natural gas
vehicles.
Sec. 229. Biofuels and biorefinery information center.
Sec. 230. Cellulosic ethanol and biofuels research.
Sec. 231. Bioenergy research and development, authorization of
appropriation.
Sec. 232. Environmental research and development.
Sec. 233. Bioenergy research centers.
Sec. 234. University based research and development grant program.
Subtitle C--Biofuels Infrastructure
Sec. 241. Prohibition on franchise agreement restrictions related to
renewable fuel infrastructure.
Sec. 242. Renewable fuel dispenser requirements.
Sec. 243. Ethanol pipeline feasibility study.
Sec. 244. Renewable fuel infrastructure grants.
Sec. 245. Study of the adequacy of transportation of
domestically-produced renewable fuel by railroads and other modes of
transportation.
Sec. 246. Federal fleet fueling centers.
Sec. 247. Standard specifications for biodiesel.
Sec. 248. Biofuels distribution and advanced biofuels
infrastructure.
Subtitle D--Environmental Safeguards
Sec. 251. Waiver for fuel or fuel additives.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
Sec. 301. External power supply efficiency standards.
Sec. 302. Updating appliance test procedures.
Sec. 303. Residential boilers.
Sec. 304. Furnace fan standard process.
Sec. 305. Improving schedule for standards updating and clarifying State
authority.
Sec. 306. Regional standards for furnaces, central air conditioners, and
heat pumps.
Sec. 307. Procedure for prescribing new or amended standards.
Sec. 308. Expedited rulemakings.
Sec. 309. Battery chargers.
Sec. 311. Energy standards for home appliances.
Sec. 312. Walk-in coolers and walk-in freezers.
Sec. 313. Electric motor efficiency standards.
Sec. 314. Standards for single package vertical air conditioners and
heat pumps.
Sec. 315. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 316. Technical corrections.
Subtitle B--Lighting Energy Efficiency
Sec. 321. Efficient light bulbs.
Sec. 322. Incandescent reflector lamp efficiency standards.
Sec. 323. Public building energy efficient and renewable energy
systems.
Sec. 324. Metal halide lamp fixtures.
Sec. 325. Energy efficiency labeling for consumer electronic
products.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
Subtitle A--Residential Building Efficiency
Sec. 411. Reauthorization of weatherization assistance program.
Sec. 412. Study of renewable energy rebate programs.
Sec. 413. Energy code improvements applicable to manufactured
housing.
Subtitle B--High-Performance Commercial Buildings
Sec. 421. Commercial high-performance green buildings.
Sec. 422. Zero Net Energy Commercial Buildings Initiative.
Sec. 423. Public outreach.
Subtitle C--High-Performance Federal Buildings
Sec. 431. Energy reduction goals for Federal buildings.
Sec. 432. Management of energy and water efficiency in Federal
buildings.
Sec. 433. Federal building energy efficiency performance
standards.
Sec. 434. Management of Federal building efficiency.
Sec. 436. High-performance green Federal buildings.
Sec. 437. Federal green building performance.
Sec. 438. Storm water runoff requirements for Federal development
projects.
Sec. 439. Cost-effective technology acceleration program.
Sec. 440. Authorization of appropriations.
Sec. 441. Public building life-cycle costs.
Subtitle D--Industrial Energy Efficiency
Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.
Subtitle E--Healthy High-Performance Schools
Sec. 461. Healthy high-performance schools.
Sec. 462. Study on indoor environmental quality in schools.
Subtitle F--Institutional Entities
Sec. 471. Energy sustainability and efficiency grants and loans for
institutions.
Subtitle G--Public and Assisted Housing
Sec. 481. Application of International Energy Conservation Code to
public and assisted housing.
Subtitle H--General Provisions
Sec. 491. Demonstration project.
Sec. 492. Research and development.
Sec. 493. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 494. Green Building Advisory Committee.
Sec. 495. Advisory Committee on Energy Efficiency Finance.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
Sec. 501. Capitol complex photovoltaic roof feasibility studies.
Sec. 502. Capitol complex E-85 refueling station.
Sec. 503. Energy and environmental measures in Capitol complex master
plan.
Sec. 504. Promoting maximum efficiency in operation of Capitol power
plant.
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study
and demonstration projects.
Subtitle B--Energy Savings Performance Contracting
Sec. 511. Authority to enter into contracts; reports.
Sec. 512. Financing flexibility.
Sec. 513. Promoting long-term energy savings performance contracts and
verifying savings.
Sec. 514. Permanent reauthorization.
Sec. 515. Definition of energy savings.
Sec. 516. Retention of savings.
Sec. 517. Training Federal contracting officers to negotiate energy
efficiency contracts.
Sec. 518. Study of energy and cost savings in nonbuilding
applications.
Subtitle C--Energy Efficiency in Federal Agencies
Sec. 521. Installation of photovoltaic system at Department of Energy
headquarters building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.
Subtitle D--Energy Efficiency of Public Institutions
Sec. 531. Reauthorization of State energy programs.
Sec. 532. Utility energy efficiency programs.
Subtitle E--Energy Efficiency and Conservation Block Grants
Sec. 542. Energy Efficiency and Conservation Block Grant Program.
Sec. 543. Allocation of funds.
Sec. 545. Requirements for eligible entities.
Sec. 546. Competitive grants.
Sec. 547. Review and evaluation.
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
Sec. 602. Thermal energy storage research and development program.
Sec. 603. Concentrating solar power commercial application
studies.
Sec. 604. Solar energy curriculum development and certification
grants.
Sec. 605. Daylighting systems and direct solar light pipe
technology.
Sec. 606. Solar Air Conditioning Research and Development Program.
Sec. 607. Photovoltaic demonstration program.
Subtitle B--Geothermal Energy
Sec. 613. Hydrothermal research and development.
Sec. 614. General geothermal systems research and development.
Sec. 615. Enhanced geothermal systems research and development.
Sec. 616. Geothermal energy production from oil and gas fields and
recovery and production of geopressured gas resources.
Sec. 617. Cost sharing and proposal evaluation.
Sec. 618. Center for geothermal technology transfer.
Sec. 619. GeoPowering America.
Sec. 620. Educational pilot program.
Sec. 622. Applicability of other laws.
Sec. 623. Authorization of appropriations.
Sec. 624. International geothermal energy development.
Sec. 625. High cost region geothermal energy grant program.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
Sec. 633. Marine and hydrokinetic renewable energy research and
development.
Sec. 634. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.
Subtitle D--Energy Storage for Transportation and Electric Power
Sec. 641. Energy storage competitiveness.
Subtitle E--Miscellaneous Provisions
Sec. 651. Lightweight materials research and development.
Sec. 652. Commercial insulation demonstration program.
Sec. 653. Technical criteria for clean coal power Initiative.
Sec. 655. Bright Tomorrow Lighting Prizes.
Sec. 656. Renewable Energy innovation manufacturing partnership.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
Sec. 702. Carbon capture and sequestration research, development, and
demonstration program.
Sec. 703. Carbon capture.
Sec. 704. Review of large-scale programs.
Sec. 705. Geologic sequestration training and research.
Sec. 706. Relation to Safe Drinking Water Act.
Sec. 707. Safety research.
Sec. 708. University based research and development grant program.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
Sec. 711. Carbon dioxide sequestration capacity assessment.
Sec. 712. Assessment of carbon sequestration and methane and nitrous
oxide emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public
land.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
Sec. 801. National media campaign.
Sec. 802. Alaska Natural Gas Pipeline administration.
Sec. 803. Renewable energy deployment.
Sec. 804. Coordination of planned refinery outages.
Sec. 805. Assessment of resources.
Sec. 806. Sense of Congress relating to the use of renewable resources
to generate energy.
Sec. 807. Geothermal assessment, exploration information, and priority
activities.
Subtitle B--Prohibitions on Market Manipulation and False Information
Sec. 811. Prohibition on market manipulation.
Sec. 812. Prohibition on false information.
Sec. 813. Enforcement by the Federal Trade Commission.
Sec. 815. Effect on other laws.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
Subtitle A--Assistance to Promote Clean and Efficient Energy Technologies in
Foreign Countries
Sec. 911. United States assistance for developing countries.
Sec. 912. United States exports and outreach programs for India, China,
and other countries.
Sec. 913. United States trade missions to encourage private sector trade
and investment.
Sec. 914. Actions by Overseas Private Investment Corporation.
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy
technologies and investment in global energy markets.
Sec. 917. United States-Israel energy cooperation.
Subtitle B--International Clean Energy Foundation
Sec. 922. Establishment and management of Foundation.
Sec. 923. Duties of Foundation.
Sec. 925. Powers of the Foundation; related provisions.
Sec. 926. General personnel authorities.
Sec. 927. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 931. Energy diplomacy and security within the Department of
State.
Sec. 932. National Security Council reorganization.
Sec. 933. Annual national energy security strategy report.
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage
contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.
TITLE X--GREEN JOBS
Sec. 1002. Energy efficiency and renewable energy worker training
program.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
Sec. 1101. Office of Climate Change and Environment.
Subtitle B--Railroads
Sec. 1111. Advanced technology locomotive grant pilot program.
Sec. 1112. Capital grants for class II and class III railroads.
Subtitle C--Marine Transportation
Sec. 1121. Short sea transportation initiative.
Sec. 1122. Short sea shipping eligibility for capital construction
fund.
Sec. 1123. Short sea transportation report.
Subtitle D--Highways
Sec. 1131. Increased Federal share for CMAQ projects.
Sec. 1132. Distribution of rescissions.
Sec. 1133. Sense of Congress regarding use of complete streets design
techniques.
TITLE XII--SMALL BUSINESS ENERGY PROGRAMS
Sec. 1201. Express loans for renewable energy and energy
efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy
efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy
efficient technologies and purchases.
Sec. 1205. Energy saving debentures.
Sec. 1206. Investments in energy saving small businesses.
Sec. 1207. Renewable fuel capital investment company.
Sec. 1208. Study and report.
TITLE XIII--SMART GRID
Sec. 1301. Statement of policy on modernization of electricity
grid.
Sec. 1302. Smart grid system report.
Sec. 1303. Smart grid advisory committee and smart grid task
force.
Sec. 1304. Smart grid technology research, development, and
demonstration.
Sec. 1305. Smart grid interoperability framework.
Sec. 1306. Federal matching fund for smart grid investment costs.
Sec. 1307. State consideration of smart grid.
Sec. 1308. Study of the effect of private wire laws on the development
of combined heat and power facilities.
Sec. 1309. DOE study of security attributes of smart grid systems.
TITLE XIV--POOL AND SPA SAFETY
Sec. 1404. Federal swimming pool and spa drain cover standard.
Sec. 1405. State swimming pool safety grant program.
Sec. 1406. Minimum State law requirements.
Sec. 1407. Education program.
TITLE XV--REVENUE PROVISIONS
Sec. 1500. Amendment of 1986 Code.
Sec. 1501. Extension of additional 0.2 percent FUTA surtax.
Sec. 1502. 7-year amortization of geological and geophysical
expenditures for certain major integrated oil companies.
TITLE XVI--EFFECTIVE DATE
Sec. 1601. Effective date.
SEC. 2. DEFINITIONS.
(1) DEPARTMENT- The term `Department' means the Department of
Energy.
(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(3) SECRETARY- The term `Secretary' means the Secretary of Energy.
SEC. 3. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an amendment made
by this Act, nothing in this Act or an amendment made by this Act supersedes,
limits the authority provided or responsibility conferred by, or authorizes
any violation of any provision of law (including a regulation), including any
energy or environmental law or regulation.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL
ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy
Standards
SEC. 101. SHORT TITLE.
This subtitle may be cited as the `Ten-in-Ten Fuel Economy Act'.
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER
VEHICLES.
(a) Increased Standards- Section 32902 of title 49, United States Code, is
amended--
(A) by striking `Non-Passenger Automobiles- ' and inserting
`Prescription of Standards by Regulation- ';
(B) by striking `(except passenger automobiles)' in subsection (a);
and
(C) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
`(b) Standards for Automobiles and Certain Other Vehicles-
`(1) IN GENERAL- The Secretary of Transportation, after consultation
with the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall prescribe separate average fuel economy standards
for--
`(A) passenger automobiles manufactured by manufacturers in each model
year beginning with model year 2011 in accordance with this
subsection;
`(B) non-passenger automobiles manufactured by manufacturers in each
model year beginning with model year 2011 in accordance with this
subsection; and
`(C) work trucks and commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
`(2) FUEL ECONOMY STANDARDS FOR AUTOMOBILES-
`(A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2011 THROUGH
2020- The Secretary shall prescribe a separate average fuel economy
standard for passenger automobiles and a separate average fuel economy
standard for non-passenger automobiles for each model year beginning with
model year 2011 to achieve a combined fuel economy average for model year
2020 of at least 35 miles per gallon for the total fleet of passenger and
non-passenger automobiles manufactured for sale in the United States for
that model year.
`(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2021 THROUGH
2030- For model years 2021 through 2030, the average fuel economy required
to be attained by each fleet of passenger and non-passenger automobiles
manufactured for sale in the United States shall be the maximum feasible
average fuel economy standard for each fleet for that model year.
`(C) PROGRESS TOWARD STANDARD REQUIRED- In prescribing average fuel
economy standards under subparagraph (A), the Secretary shall prescribe
annual fuel economy standard increases that increase the applicable
average fuel economy standard ratably beginning with model year 2011 and
ending with model year 2020.
`(3) AUTHORITY OF THE SECRETARY- The Secretary shall--
`(A) prescribe by regulation separate average fuel economy standards
for passenger and non-passenger automobiles based on 1 or more vehicle
attributes related to fuel economy and express each standard in the form
of a mathematical function; and
`(B) issue regulations under this title prescribing average fuel
economy standards for at least 1, but not more than 5, model
years.
`(4) MINIMUM STANDARD- In addition to any standard prescribed pursuant
to paragraph (3), each manufacturer shall also meet the minimum standard for
domestically manufactured passenger automobiles, which shall be the greater
of--
`(A) 27.5 miles per gallon; or
`(B) 92 percent of the average fuel economy projected by the Secretary
for the combined domestic and non-domestic passenger automobile fleets
manufactured for sale in the United States by all manufacturers in the
model year, which projection shall be published in the Federal Register
when the standard for that model year is promulgated in accordance with
this section.'; and
(A) by striking `(1) Subject to paragraph (2) of this subsection, the'
and inserting `The'; and
(B) by striking paragraph (2).
(b) Fuel Economy Standard for Commercial Medium-Duty and Heavy-Duty
On-Highway Vehicles and Work Trucks- Section 32902 of title 49, United States
Code, is amended by adding at the end the following:
`(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles and Work
Trucks-
`(1) STUDY- Not later than 1 year after the National Academy of Sciences
publishes the results of its study under section 108 of the Ten-in-Ten Fuel
Economy Act, the Secretary of Transportation, in consultation with the
Secretary of Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and work trucks and determine--
`(A) the appropriate test procedures and methodologies for measuring
the fuel efficiency of such vehicles and work trucks;
`(B) the appropriate metric for measuring and expressing commercial
medium- and heavy-duty on-highway vehicle and work truck fuel efficiency
performance, taking into consideration, among other things, the work
performed by such on-highway vehicles and work trucks and types of
operations in which they are used;
`(C) the range of factors, including, without limitation, design,
functionality, use, duty cycle, infrastructure, and total overall energy
consumption and operating costs that affect commercial medium- and
heavy-duty on-highway vehicle and work truck fuel efficiency; and
`(D) such other factors and conditions that could have an impact on a
program to improve commercial medium- and heavy-duty on-highway vehicle
and work truck fuel efficiency.
`(2) RULEMAKING- Not later than 24 months after completion of the study
required under paragraph (1), the Secretary, in consultation with the
Secretary of Energy and the Administrator of the Environmental Protection
Agency, by regulation, shall determine in a rulemaking proceeding how to
implement a commercial medium- and heavy-duty on-highway vehicle and work
truck fuel efficiency improvement program designed to achieve the maximum
feasible improvement, and shall adopt and implement appropriate test
methods, measurement metrics, fuel economy standards, and compliance and
enforcement protocols that are appropriate, cost-effective, and
technologically feasible for commercial medium- and heavy-duty on-highway
vehicles and work trucks. The Secretary may prescribe separate standards for
different classes of vehicles under this subsection.
`(3) LEAD-TIME; REGULATORY STABILITY- The commercial medium- and
heavy-duty on-highway vehicle and work truck fuel economy standard adopted
pursuant to this subsection shall provide not less than--
`(A) 4 full model years of regulatory lead-time; and
`(B) 3 full model years of regulatory stability.'.
SEC. 103. DEFINITIONS.
(a) In General- Section 32901(a) of title 49, United States Code, is
amended--
(1) by striking paragraph (3) and inserting the following:
`(3) except as provided in section 32908 of this title, `automobile'
means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel,
manufactured primarily for use on public streets, roads, and highways and
rated at less than 10,000 pounds gross vehicle weight, except--
`(A) a vehicle operated only on a rail line;
`(B) a vehicle manufactured in different stages by 2 or more
manufacturers, if no intermediate or final-stage manufacturer of that
vehicle manufactures more than 10,000 multi-stage vehicles per year;
or
(2) by redesignating paragraphs (7) through (16) as paragraphs (8)
through (17), respectively;
(3) by inserting after paragraph (6) the following:
`(7) `commercial medium- and heavy-duty on-highway vehicle' means an
on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or
more.';
(4) in paragraph (9)(A), as redesignated, by inserting `or a mixture of
biodiesel and diesel fuel meeting the standard established by the American
Society for Testing and Materials or under section 211(u) of the Clean Air
Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly
known as `B20')' after `alternative fuel';
(5) by redesignating paragraph (17), as redesignated, as paragraph
(18);
(6) by inserting after paragraph (16), as redesignated, the
following:
`(17) `non-passenger automobile' means an automobile that is not a
passenger automobile or a work truck.'; and
(7) by adding at the end the following:
`(19) `work truck' means a vehicle that--
`(A) is rated at between 8,500 and 10,000 pounds gross vehicle weight;
and
`(B) is not a medium-duty passenger vehicle (as defined in section
86.1803-01 of title 40, Code of Federal Regulations, as in effect on the
date of the enactment of the Ten-in-Ten Fuel Economy Act).'.
SEC. 104. CREDIT TRADING PROGRAM.
(a) In General- Section 32903 of title 49, United States Code, is
amended--
(1) by striking `section 32902(b)-(d) of this title' each place it
appears and inserting `subsections (a) through (d) of section 32902';
(2) in subsection (a)(2)--
(A) by striking `3 consecutive model years' and inserting `5
consecutive model years';
(B) by striking `clause (1) of this subsection,' and inserting
`paragraph (1)';
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:
`(f) Credit Trading Among Manufacturers-
`(1) IN GENERAL- The Secretary of Transportation may establish, by
regulation, a fuel economy credit trading program to allow manufacturers
whose automobiles exceed the average fuel economy standards prescribed under
section 32902 to earn credits to be sold to manufacturers whose automobiles
fail to achieve the prescribed standards such that the total oil savings
associated with manufacturers that exceed the prescribed standards are
preserved when trading credits to manufacturers that fail to achieve the
prescribed standards.
`(2) LIMITATION- The trading of credits by a manufacturer to the
category of passenger automobiles manufactured domestically is limited to
the extent that the fuel economy level of such automobiles shall comply with
the requirements of section 32902(b)(4), without regard to any trading of
credits from other manufacturers.
`(g) Credit Transferring Within a Manufacturer's Fleet-
`(1) IN GENERAL- The Secretary of Transportation shall establish by
regulation a fuel economy credit transferring program to allow any
manufacturer whose automobiles exceed any of the average fuel economy
standards prescribed under section 32902 to transfer the credits earned
under this section and to apply such credits within that manufacturer's
fleet to a compliance category of automobiles that fails to achieve the
prescribed standards.
`(2) YEARS FOR WHICH USED- Credits transferred under this subsection are
available to be used in the same model years that the manufacturer could
have applied such credits under subsections (a), (b), (d), and (e), as well
as for the model year in which the manufacturer earned such credits.
`(3) MAXIMUM INCREASE- The maximum increase in any compliance category
attributable to transferred credits is--
`(A) for model years 2011 through 2013, 1.0 mile per gallon;
`(B) for model years 2014 through 2017, 1.5 miles per gallon;
and
`(C) for model year 2018 and subsequent model years, 2.0 miles per
gallon.
`(4) LIMITATION- The transfer of credits by a manufacturer to the
category of passenger automobiles manufactured domestically is limited to
the extent that the fuel economy level of such automobiles shall comply with
the requirements under section 32904(b)(4), without regard to any transfer
of credits from other categories of automobiles described in paragraph
(6)(B).
`(5) YEARS AVAILABLE- A credit may be transferred under this subsection
only if it is earned after model year 2010.
`(6) DEFINITIONS- In this subsection:
`(A) FLEET- The term `fleet' means all automobiles manufactured by a
manufacturer in a particular model year.
`(B) COMPLIANCE CATEGORY OF AUTOMOBILES- The term `compliance category
of automobiles' means any of the following 3 categories of automobiles for
which compliance is separately calculated under this chapter:
`(i) Passenger automobiles manufactured domestically.
`(ii) Passenger automobiles not manufactured
domestically.
`(iii) Non-passenger automobiles.'.
(b) Conforming Amendments-
(1) LIMITATIONS- Section 32902(h) of title 49, United States Code, is
amended--
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(3) may not consider, when prescribing a fuel economy standard, the
trading, transferring, or availability of credits under section
32903.'.
(2) SEPARATE CALCULATIONS- Section 32904(b)(1)(B) is amended by striking
`chapter.' and inserting `chapter, except for the purposes of section
32903.'.
SEC. 105. CONSUMER INFORMATION.
Section 32908 of title 49, United States Code, is amended by adding at the
end the following:
`(g) Consumer Information-
`(1) PROGRAM- The Secretary of Transportation, in consultation with the
Secretary of Energy and the Administrator of the Environmental Protection
Agency, shall develop and implement by rule a program to require
manufacturers--
`(A) to label new automobiles sold in the United States
with--
`(i) information reflecting an automobile's performance on the basis
of criteria that the Administrator shall develop, not later than 18
months after the date of the enactment of the Ten-in-Ten Fuel Economy
Act, to reflect fuel economy and greenhouse gas and other emissions over
the useful life of the automobile;
`(ii) a rating system that would make it easy for consumers to
compare the fuel economy and greenhouse gas and other emissions of
automobiles at the point of purchase, including a designation of
automobiles--
`(I) with the lowest greenhouse gas emissions over the useful life
of the vehicles; and
`(II) the highest fuel economy; and
`(iii) a permanent and prominent display that an automobile is
capable of operating on an alternative fuel; and
`(B) to include in the owner's manual for vehicles capable of
operating on alternative fuels information that describes that capability
and the benefits of using alternative fuels, including the renewable
nature and environmental benefits of using alternative fuels.
`(A) IN GENERAL- The Secretary of Transportation, in consultation with
the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall develop and implement by rule a consumer
education program to improve consumer understanding of automobile
performance described in paragraph (1)(A)(i) and to inform consumers of
the benefits of using alternative fuel in automobiles and the location of
stations with alternative fuel capacity.
`(B) FUEL SAVINGS EDUCATION CAMPAIGN- The Secretary of Transportation
shall establish a consumer education campaign on the fuel savings that
would be recognized from the purchase of vehicles equipped with thermal
management technologies, including energy efficient air conditioning
systems and glass.
`(3) FUEL TANK LABELS FOR ALTERNATIVE FUEL AUTOMOBILES- The Secretary of
Transportation shall by rule require a label to be attached to the fuel
compartment of vehicles capable of operating on alternative fuels, with the
form of alternative fuel stated on the label. A label attached in compliance
with the requirements of section 32905(h) is deemed to meet the requirements
of this paragraph.
`(4) RULEMAKING DEADLINE- The Secretary of Transportation shall issue a
final rule under this subsection not later than 42 months after the date of
the enactment of the Ten-in-Ten Fuel Economy Act.'.
SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this subtitle, or the amendments made by this subtitle, shall
be construed to affect the application of section 32902 of title 49, United
States Code, to passenger automobiles or non-passenger automobiles
manufactured before model year 2011.
SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General- As soon as practicable after the date of enactment of this
Act, the Secretary of Transportation shall execute an agreement with the
National Academy of Sciences to develop a report evaluating vehicle fuel
economy standards, including--
(1) an assessment of automotive technologies and costs to reflect
developments since the Academy's 2002 report evaluating the corporate
average fuel economy standards was conducted;
(2) an analysis of existing and potential technologies that may be used
practically to improve automobile and medium-duty and heavy-duty truck fuel
economy;
(3) an analysis of how such technologies may be practically integrated
into the automotive and medium-duty and heavy-duty truck manufacturing
process; and
(4) an assessment of how such technologies may be used to meet the new
fuel economy standards under chapter 329 of title 49, United States Code, as
amended by this subtitle.
(b) Report- The Academy shall submit the report to the Secretary, the
Committee on Commerce, Science, and Transportation of the Senate, and the
Committee on Energy and Commerce of the House of Representatives, with its
findings and recommendations not later than 5 years after the date on which
the Secretary executes the agreement with the Academy.
(c) Quinquennial Updates- After submitting the initial report, the Academy
shall update the report at 5 year intervals thereafter through 2025.
SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY AND HEAVY-DUTY
TRUCK FUEL ECONOMY.
(a) In General- As soon as practicable after the date of enactment of this
Act, the Secretary of Transportation shall execute an agreement with the
National Academy of Sciences to develop a report evaluating medium-duty and
heavy-duty truck fuel economy standards, including--
(1) an assessment of technologies and costs to evaluate fuel economy for
medium-duty and heavy-duty trucks;
(2) an analysis of existing and potential technologies that may be used
practically to improve medium-duty and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically integrated
into the medium-duty and heavy-duty truck manufacturing process;
(4) an assessment of how such technologies may be used to meet fuel
economy standards to be prescribed under section 32902(k) of title 49,
United States Code, as amended by this subtitle; and
(5) associated costs and other impacts on the operation of medium-duty
and heavy-duty trucks, including congestion.
(b) Report- The Academy shall submit the report to the Secretary, the
Committee on Commerce, Science, and Transportation of the Senate, and the
Committee on Energy and Commerce of the House of Representatives, with its
findings and recommendations not later than 1 year after the date on which the
Secretary executes the agreement with the Academy.
SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.
(a) In General- Section 32906 of title 49, United States Code, is amended
to read as follows:
`Sec. 32906. Maximum fuel economy increase for alternative fuel
automobiles
`(a) In General- For each of model years 1993 through 2019 for each
category of automobile (except an electric automobile), the maximum increase
in average fuel economy for a manufacturer attributable to dual fueled
automobiles is--
`(1) 1.2 miles a gallon for each of model years 1993 through 2014;
`(2) 1.0 miles per gallon for model year 2015;
`(3) 0.8 miles per gallon for model year 2016;
`(4) 0.6 miles per gallon for model year 2017;
`(5) 0.4 miles per gallon for model year 2018;
`(6) 0.2 miles per gallon for model year 2019; and
`(7) 0 miles per gallon for model years after 2019.
`(b) Calculation- In applying subsection (a), the Administrator of the
Environmental Protection Agency shall determine the increase in a
manufacturer's average fuel economy attributable to dual fueled automobiles by
subtracting from the manufacturer's average fuel economy calculated under
section 32905(e) the number equal to what the manufacturer's average fuel
economy would be if it were calculated by the formula under section
32904(a)(1) by including as the denominator for each model of dual fueled
automobiles the fuel economy when the automobiles are operated on gasoline or
diesel fuel.'.
(b) Conforming Amendments- Section 32905 of title 49, United States Code,
is amended--
(1) in subsection (b), by striking `1993-2010,' and inserting `1993
through 2019,';
(2) in subsection (d), by striking `1993-2010,' and inserting `1993
through 2019,';
(3) by striking subsections (f) and (g); and
(4) by redesignating subsection (h) as subsection (f).
(c) B20 Biodiesel Flexible Fuel Credit- Section 32905(b)(2) of title 49,
United States Code, is amended to read as follows:
`(2) .5 divided by the fuel economy--
`(A) measured under subsection (a) when operating the model on
alternative fuel; or
`(B) measured based on the fuel content of B20 when operating the
model on B20, which is deemed to contain 0.15 gallon of fuel.'.
SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING
PROCEDURES.
Beginning in December 2009, and not less often than every 5 years
thereafter, the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Transportation, shall--
(1) reevaluate the fuel economy labeling procedures described in the
final rule published in the Federal Register on December 27, 2006 (71 Fed.
Reg. 77,872; 40 CFR parts 86 and 600) to determine whether changes in the
factors used to establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce of the
House of Representatives that describes the results of the reevaluation
process.
SEC. 111. CONSUMER TIRE INFORMATION.
(a) In General- Chapter 323 of title 49, United States Code, is amended by
inserting after section 32304 the following:
`Sec. 32304A. Consumer tire information
`(1) IN GENERAL- Not later than 24 months after the date of enactment of
the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation shall,
after notice and opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program for replacement
tires designed for use on motor vehicles to educate consumers about the
effect of tires on automobile fuel efficiency, safety, and durability.
`(2) ITEMS INCLUDED IN RULE- The rulemaking shall include--
`(A) a national tire fuel efficiency rating system for motor vehicle
replacement tires to assist consumers in making more educated tire
purchasing decisions;
`(B) requirements for providing information to consumers, including
information at the point of sale and other potential information
dissemination methods, including the Internet;
`(C) specifications for test methods for manufacturers to use in
assessing and rating tires to avoid variation among test equipment and
manufacturers; and
`(D) a national tire maintenance consumer education program including,
information on tire inflation pressure, alignment, rotation, and tread
wear to maximize fuel efficiency, safety, and durability of replacement
tires.
`(3) APPLICABILITY- This section shall apply only to replacement tires
covered under section 575.104(c) of title 49, Code of Federal Regulations,
in effect on the date of the enactment of the Ten-in-Ten Fuel Economy
Act.
`(b) Consultation- The Secretary shall consult with the Secretary of
Energy and the Administrator of the Environmental Protection Agency on the
means of conveying tire fuel efficiency consumer information.
`(c) Report to Congress- The Secretary shall conduct periodic assessments
of the rules promulgated under this section to determine the utility of such
rules to consumers, the level of cooperation by industry, and the contribution
to national goals pertaining to energy consumption. The Secretary shall
transmit periodic reports detailing the findings of such assessments to the
Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
`(d) Tire Marking- The Secretary shall not require permanent labeling of
any kind on a tire for the purpose of tire fuel efficiency information.
`(e) Application With State and Local Laws and Regulations- Nothing in
this section prohibits a State or political subdivision thereof from enforcing
a law or regulation on tire fuel efficiency consumer information that was in
effect on January 1, 2006. After a requirement promulgated under this section
is in effect, a State or political subdivision thereof may adopt or enforce a
law or regulation on tire fuel efficiency consumer information enacted or
promulgated after January 1, 2006, if the requirements of that law or
regulation are identical to the requirement promulgated under this section.
Nothing in this section shall be construed to preempt a State or political
subdivision thereof from regulating the fuel efficiency of tires (including
establishing testing methods for determining compliance with such standards)
not otherwise preempted under this chapter.'.
(b) Enforcement- Section 32308 of title 49, United States Code, is
amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following:
`(c) Section 32304A- Any person who fails to comply with the national tire
fuel efficiency information program under section 32304A is liable to the
United States Government for a civil penalty of not more than $50,000 for each
violation.'.
(c) Conforming Amendment- The chapter analysis for chapter 323 of title
49, United States Code, is amended by inserting after the item relating to
section 32304 the following:
`32304A. Consumer tire information'.
SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended by adding at the
end the following:
`(e) Use of Civil Penalties- For fiscal year 2008 and each fiscal year
thereafter, from the total amount deposited in the general fund of the
Treasury during the preceding fiscal year from fines, penalties, and other
funds obtained through enforcement actions conducted pursuant to this section
(including funds obtained under consent decrees), the Secretary of the
Treasury, subject to the availability of appropriations, shall--
`(1) transfer 50 percent of such total amount to the account providing
appropriations to the Secretary of Transportation for the administration of
this chapter, which shall be used by the Secretary to support rulemaking
under this chapter; and
`(2) transfer 50 percent of such total amount to the account providing
appropriations to the Secretary of Transportation for the administration of
this chapter, which shall be used by the Secretary to carry out a program to
make grants to manufacturers for retooling, reequipping, or expanding
existing manufacturing facilities in the United States to produce advanced
technology vehicles and components.'.
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.
(a) Repeal- Paragraphs (6), (7), and (8) of section 32904(b) of title 49,
United States Code, are repealed.
(b) Effect of Repeal on Existing Exemptions- Any exemption granted under
section 32904(b)(6) of title 49, United States Code, prior to the date of the
enactment of this Act shall remain in effect subject to its terms through
model year 2013.
(c) Accrual and Use of Credits- Any manufacturer holding an exemption
under section 32904(b)(6) of title 49, United States Code, prior to the date
of the enactment of this Act may accrue and use credits under sections 32903
and 32905 of such title beginning with model year 2011.
Subtitle B--Improved Vehicle Technology
SEC. 131. TRANSPORTATION ELECTRIFICATION.
(a) Definitions- In this section:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
(2) BATTERY- The term `battery' means an electrochemical energy storage
system powered directly by electrical current.
(3) ELECTRIC TRANSPORTATION TECHNOLOGY- The term `electric
transportation technology' means--
(A) technology used in vehicles that use an electric motor for all or
part of the motive power of the vehicles, including battery electric,
hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell
vehicles, or rail transportation; or
(B) equipment relating to transportation or mobile sources of air
pollution that use an electric motor to replace an internal combustion
engine for all or part of the work of the equipment, including--
(i) corded electric equipment linked to transportation or mobile
sources of air pollution; and
(ii) electrification technologies at airports, ports, truck stops,
and material-handling facilities.
(4) NONROAD VEHICLE- The term `nonroad vehicle' means a vehicle--
(i) by a nonroad engine, as that term is defined in section 216 of
the Clean Air Act (42 U.S.C. 7550); or
(ii) fully or partially by an electric motor powered by a fuel cell,
a battery, or an off-board source of electricity; and
(B) that is not a motor vehicle or a vehicle used solely for
competition.
(5) PLUG-IN ELECTRIC DRIVE VEHICLE- The term `plug-in electric drive
vehicle' means a vehicle that--
(A) draws motive power from a battery with a capacity of at least 4
kilowatt-hours;
(B) can be recharged from an external source of electricity for motive
power; and
(C) is a light-, medium-, or heavy-duty motor vehicle or nonroad
vehicle (as those terms are defined in section 216 of the Clean Air Act
(42 U.S.C. 7550)).
(6) QUALIFIED ELECTRIC TRANSPORTATION PROJECT- The term `qualified
electric transportation project' means an electric transportation technology
project that would significantly reduce emissions of criteria pollutants,
greenhouse gas emissions, and petroleum, including--
(A) shipside or shoreside electrification for vessels;
(B) truck-stop electrification;
(C) electric truck refrigeration units;
(D) battery-powered auxiliary power units for trucks;
(E) electric airport ground support equipment;
(F) electric material and cargo handling equipment;
(G) electric or dual-mode electric rail;
(H) any distribution upgrades needed to supply electricity to the
project; and
(I) any ancillary infrastructure, including panel upgrades, battery
chargers, in-situ transformers, and trenching.
(b) Plug-in Electric Drive Vehicle Program-
(1) ESTABLISHMENT- The Secretary shall establish a competitive program
to provide grants on a cost-shared basis to State governments, local
governments, metropolitan transportation authorities, air pollution control
districts, private or nonprofit entities, or combinations of those
governments, authorities, districts, and entities, to carry out one or more
projects to encourage the use of plug-in electric drive vehicles or other
emerging electric vehicle technologies, as determined by the
Secretary.
(2) ADMINISTRATION- The Secretary shall, in consultation with the
Secretary of Transportation and the Administrator, establish requirements
for applications for grants under this section, including reporting of data
to be summarized for dissemination to grantees and the public, including
safety, vehicle, and component performance, and vehicle and component life
cycle costs.
(3) PRIORITY- In making awards under this subsection, the Secretary
shall--
(A) give priority consideration to applications that--
(i) encourage early widespread use of vehicles described in
paragraph (1); and
(ii) are likely to make a significant contribution to the
advancement of the production of the vehicles in the United States;
and
(B) ensure, to the maximum extent practicable, that the program
established under this subsection includes a variety of applications,
manufacturers, and end-uses.
(4) REPORTING- The Secretary shall require a grant recipient under this
subsection to submit to the Secretary, on an annual basis, data relating to
safety, vehicle performance, life cycle costs, and emissions of vehicles
demonstrated under the grant, including emissions of greenhouse gases.
(5) 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.
(6) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $90,000,000 for each of fiscal
years 2008 through 2012, of which not less than 1/3 of the total amount
appropriated shall be available each fiscal year to make grants to local and
municipal governments.
(c) Near-Term Transportation Sector Electrification Program-
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of
Transportation and the Administrator, shall establish a program to provide
grants for the conduct of qualified electric transportation projects.
(2) PRIORITY- In providing grants under this subsection, the Secretary
shall give priority to large-scale projects and large-scale aggregators of
projects.
(3) 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.
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $95,000,000 for each of fiscal
years 2008 through 2013.
(1) IN GENERAL- The Secretary shall develop a nationwide electric drive
transportation technology education program under which the Secretary shall
provide--
(A) teaching materials to secondary schools and high schools;
and
(B) assistance for programs relating to electric drive system and
component engineering to institutions of higher education.
(2) ELECTRIC VEHICLE COMPETITION- The program established under
paragraph (1) shall include a plug-in hybrid electric vehicle competition
for institutions of higher education, which shall be known as the `Dr.
Andrew Frank Plug-In Electric Vehicle Competition'.
(3) ENGINEERS- In carrying out the program established under paragraph
(1), the Secretary shall provide financial assistance to institutions of
higher education to create new, or support existing, degree programs to
ensure the availability of trained electrical and mechanical engineers with
the skills necessary for the advancement of--
(A) plug-in electric drive vehicles; and
(B) other forms of electric drive transportation technology
vehicles.
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this
subsection.
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended
to read as follows:
`SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
`(1) IN GENERAL- The Secretary shall establish a program to encourage
domestic production and sales of efficient hybrid and advanced diesel
vehicles and components of those vehicles.
`(2) INCLUSIONS- The program shall include grants to automobile
manufacturers and suppliers and hybrid component manufacturers to encourage
domestic production of efficient hybrid, plug-in electric hybrid, plug-in
electric drive, and advanced diesel vehicles.
`(3) PRIORITY- Priority shall be given to the refurbishment or retooling
of manufacturing facilities that have recently ceased operation or will
cease operation in the near future.
`(b) Coordination With State and Local Programs- The Secretary may
coordinate implementation of this section with State and local programs
designed to accomplish similar goals, including the retention and retraining
of skilled workers from the manufacturing facilities, including by
establishing matching grant arrangements.
`(c) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry out this
section.'.
SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF 1992.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is
amended--
(1) by redesignating subsections (a) through (d) as subsections (b)
through (e), respectively;
(2) by inserting before subsection (b) the following:
`(a) Definitions- In this section:
`(1) FUEL CELL ELECTRIC VEHICLE- The term `fuel cell electric vehicle'
means an on-road or non-road vehicle that uses a fuel cell (as defined in
section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C.
16152)).
`(2) HYBRID ELECTRIC VEHICLE- The term `hybrid electric vehicle' means a
new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the
Internal Revenue Code of 1986).
`(3) MEDIUM- OR HEAVY-DUTY ELECTRIC VEHICLE- The term `medium- or
heavy-duty electric vehicle' means an electric, hybrid electric, or plug-in
hybrid electric vehicle with a gross vehicle weight of more than 8,501
pounds.
`(4) NEIGHBORHOOD ELECTRIC VEHICLE- The term `neighborhood electric
vehicle' means a 4-wheeled on-road or nonroad vehicle that--
`(A) has a top attainable speed in 1 mile of more than 20 mph and not
more than 25 mph on a paved level surface; and
`(B) is propelled by an electric motor and on-board, rechargeable
energy storage system that is rechargeable using an off-board source of
electricity.
`(5) PLUG-IN ELECTRIC DRIVE VEHICLE- The term `plug-in electric drive
vehicle' means a vehicle that--
`(A) draws motive power from a battery with a capacity of at least 4
kilowatt-hours;
`(B) can be recharged from an external source of electricity for
motive power; and
`(C) is a light-, medium-, or heavy duty motor vehicle or nonroad
vehicle (as those terms are defined in section 216 of the Clean Air Act
(42 U.S.C. 7550)).';
(3) in subsection (b) (as redesignated by paragraph (1))--
(A) by striking `The Secretary' and inserting the following:
`(1) ALLOCATION- The Secretary'; and
(B) by adding at the end the following:
`(2) ELECTRIC VEHICLES- Not later than January 31, 2009, the Secretary
shall--
`(A) allocate credit in an amount to be determined by the Secretary
for--
`(I) a hybrid electric vehicle;
`(II) a plug-in electric drive vehicle;
`(III) a fuel cell electric vehicle;
`(IV) a neighborhood electric vehicle; or
`(V) a medium- or heavy-duty electric vehicle; and
`(ii) investment in qualified alternative fuel infrastructure or
nonroad equipment, as determined by the Secretary; and
`(B) allocate more than 1, but not to exceed 5, credits for investment
in an emerging technology relating to any vehicle described in
subparagraph (A) to encourage--
`(i) a reduction in petroleum demand;
`(ii) technological advancement; and
`(iii) a reduction in vehicle emissions.';
(4) in subsection (c) (as redesignated by paragraph (1)), by striking
`subsection (a)' and inserting `subsection (b)'; and
(5) by adding at the end the following:
`(f) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section for each of
fiscal years 2008 through 2013.'.
SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General- Section 712(a)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16062(a)(2)) (as amended by section 132) is amended by inserting `and
loan guarantees under section 1703' after `grants'.
(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 vehicles and
advanced diesel vehicles.'.
SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.
(a) Establishment of Program- The Secretary shall establish a program to
provide guarantees of loans by private institutions for the construction of
facilities for the manufacture of advanced vehicle batteries and battery
systems that are developed and produced in the United States, including
advanced lithium ion batteries and hybrid electrical system and component
manufacturers and software designers.
(b) Requirements- The Secretary may provide a loan guarantee under
subsection (a) to an applicant if--
(1) without a loan guarantee, credit is not available to the applicant
under reasonable terms or conditions sufficient to finance the construction
of a facility described in subsection (a);
(2) the prospective earning power of the applicant and the character and
value of the security pledged provide a reasonable assurance of repayment of
the loan to be guaranteed in accordance with the terms of the loan;
and
(3) the loan bears interest at a rate determined by the Secretary to be
reasonable, taking into account the current average yield on outstanding
obligations of the United States with remaining periods of maturity
comparable to the maturity of the loan.
(c) Criteria- In selecting recipients of loan guarantees from among
applicants, the Secretary shall give preference to proposals that--
(1) meet all applicable Federal and State permitting requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest need for the
facility.
(d) Maturity- A loan guaranteed under subsection (a) shall have a maturity
of not more than 20 years.
(e) Terms and Conditions- The loan agreement for a loan guaranteed under
subsection (a) shall provide that no provision of the loan agreement may be
amended or waived without the consent of the Secretary.
(f) Assurance of Repayment- The Secretary shall require that an applicant
for a loan guarantee under subsection (a) provide an assurance of repayment in
the form of a performance bond, insurance, collateral, or other means
acceptable to the Secretary in an amount equal to not less than 20 percent of
the amount of the loan.
(g) Guarantee Fee- The recipient of a loan guarantee under subsection (a)
shall pay the Secretary an amount determined by the Secretary to be sufficient
to cover the administrative costs of the Secretary relating to the loan
guarantee.
(h) Full Faith and Credit- The full faith and credit of the United States
is pledged to the payment of all guarantees made under this section. Any such
guarantee made by the Secretary shall be conclusive evidence of the
eligibility of the loan for the guarantee with respect to principal and
interest. The validity of the guarantee shall be incontestable in the hands of
a holder of the guaranteed loan.
(i) Reports- Until each guaranteed loan under this section has been repaid
in full, the Secretary shall annually submit to Congress a report on the
activities of the Secretary under this section.
(j) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
(k) Termination of Authority- The authority of the Secretary to issue a
loan guarantee under subsection (a) terminates on the date that is 10 years
after the date of enactment of this Act.
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
(a) Definitions- In this section:
(1) 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 in effect 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 for vehicles with substantially similar attributes.
(2) COMBINED FUEL ECONOMY- The term `combined fuel economy'
means--
(A) the combined city/highway miles per gallon values, as reported in
accordance with section 32904 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.
(3) 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 tooling and equipment and developing manufacturing
processes and material suppliers for production facilities that produce
qualifying components or advanced technology vehicles.
(4) QUALIFYING COMPONENTS- The term `qualifying components' means
components that the Secretary determines to be--
(A) 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, 2020;
and
(2) engineering integration costs incurred during the period beginning
on the date of enactment of this Act and ending on December 30, 2020.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, and subject to the availability of appropriated funds, the
Secretary shall carry out a program to provide a total of not more than
$25,000,000,000 in loans to eligible individuals and entities (as determined
by the Secretary) for the costs of activities described in subsection
(b).
(2) APPLICATION- An applicant for a loan under this subsection 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 loan 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.
(3) SELECTION OF ELIGIBLE PROJECTS- The Secretary shall select eligible
projects to receive loans under this subsection in cases in which, as
determined by the Secretary, the award recipient--
(A) is financially viable without the receipt of additional Federal
funding associated with the proposed project;
(B) will provide sufficient information to the Secretary for the
Secretary to ensure that the qualified investment is expended efficiently
and effectively; and
(C) has met such other criteria as may be established and published by
the Secretary.
(4) RATES, TERMS, AND REPAYMENT OF LOANS- A loan provided under this
subsection--
(A) shall have an interest rate that, as of the date on which the loan
is made, is equal to the cost of funds to the Department of the Treasury
for obligations of comparable maturity;
(B) shall have a term equal to the lesser of--
(i) the projected life, in years, of the eligible project to be
carried out using funds from the loan, as determined by the Secretary;
and
(C) may be subject to a deferral in repayment for not more than 5
years after the date on which the eligible project carried out using funds
from the loan first begins operations, as determined by the Secretary;
and
(D) shall be made by the Federal Financing Bank.
(e) Improvement- The Secretary shall issue regulations that require that,
in order for an automobile manufacturer to be eligible for an award or loan
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. In order to determine fuel economy baselines for
eligibility of a new manufacturer or a manufacturer that has not produced
previously produced equivalent vehicles, the Secretary may substitute industry
averages.
(f) Fees- Administrative costs shall be no more than $100,000 or 10 basis
point of the loan.
(g) Priority- The Secretary shall, in making awards or loans to those
manufacturers that have existing facilities, give priority to those facilities
that are oldest or have been in existence for at least 20 years. Such
facilities can currently be sitting idle.
(h) Set Aside for Small Automobile Manufacturers and Component
Suppliers-
(1) DEFINITION OF COVERED FIRM- In this subsection, the term `covered
firm' means a firm that--
(A) employs less than 500 individuals; and
(B) manufactures automobiles or components of automobiles.
(2) SET ASIDE- Of the amount of funds that are used to provide awards
for each fiscal year under subsection (b), the Secretary shall use not less
than 10 percent to provide awards to covered firms or consortia led by a
covered firm.
(i) 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.
Subtitle C--Federal Vehicle Fleets
SEC. 141. FEDERAL VEHICLE FLEETS.
Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
`(f) Vehicle Emission Requirements-
`(1) DEFINITIONS- In this subsection:
`(A) FEDERAL AGENCY- The term `Federal agency' does not include any
office of the legislative branch, except that it does include the House of
Representatives with respect to an acquisition described in paragraph
(2)(C).
`(B) MEDIUM DUTY PASSENGER VEHICLE- The term `medium duty passenger
vehicle' has the meaning given that term section 523.2 of title 49 of the
Code of Federal Regulations, as in effect on the date of enactment of this
paragraph.
`(C) Member's REPRESENTATIONAL ALLOWANCE- The term `Member's
Representational Allowance' means the allowance described in section
101(a) of the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 57b(a)).
`(A) IN GENERAL- Except as provided in subparagraph (B), no Federal
agency shall acquire a light duty motor vehicle or medium duty passenger
vehicle that is not a low greenhouse gas emitting vehicle.
`(B) EXCEPTION- The prohibition in subparagraph (A) shall not apply to
acquisition of a vehicle if the head of the agency certifies in writing,
in a separate certification for each individual vehicle purchased,
either--
`(i) that no low greenhouse gas emitting vehicle is available to
meet the functional needs of the agency and details in writing the
functional needs that could not be met with a low greenhouse gas
emitting vehicle; or
`(ii) that the agency has taken specific alternative more
cost-effective measures to reduce petroleum consumption
that--
`(I) have reduced a measured and verified quantity of greenhouse
gas emissions equal to or greater than the quantity of greenhouse gas
reductions that would have been achieved through acquisition of a low
greenhouse gas emitting vehicle over the lifetime of the vehicle;
or
`(II) will reduce each year a measured and verified quantity of
greenhouse gas emissions equal to or greater than the quantity of
greenhouse gas reductions that would have been achieved each year
through acquisition of a low greenhouse gas emitting
vehicle.
`(C) SPECIAL RULE FOR VEHICLES PROVIDED BY FUNDS CONTAINED IN MEMBERS'
REPRESENTATIONAL ALLOWANCE- This paragraph shall apply to the acquisition
of a light duty motor vehicle or medium duty passenger vehicle using any
portion of a Member's Representational Allowance, including an acquisition
under a long-term lease.
`(A) IN GENERAL- Each year, the Administrator of the Environmental
Protection Agency shall issue guidance identifying the makes and model
numbers of vehicles that are low greenhouse gas emitting
vehicles.
`(B) CONSIDERATION- In identifying vehicles under subparagraph (A),
the Administrator shall take into account the most stringent standards for
vehicle greenhouse gas emissions applicable to and enforceable against
motor vehicle manufacturers for vehicles sold anywhere in the United
States.
`(C) REQUIREMENT- The Administrator shall not identify any vehicle as
a low greenhouse gas emitting vehicle if the vehicle emits greenhouse
gases at a higher rate than such standards allow for the manufacturer's
fleet average grams per mile of carbon dioxide-equivalent emissions for
that class of vehicle, taking into account any emissions allowances and
adjustment factors such standards provide.'.
SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS.
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- Not later than 18 months after the date of enactment of
this section, the Secretary shall issue regulations for Federal fleets
subject to section 400AA to require that, beginning in fiscal year 2010,
each Federal agency shall reduce petroleum consumption and increase
alternative fuel consumption each year by an amount necessary to meet the
goals described in paragraph (2).
`(2) GOALS- The goals of the requirements under paragraph (1) are that
not later than October 1, 2015, and for each year thereafter, each Federal
agency shall achieve at least a 20 percent reduction in annual petroleum
consumption and a 10 percent increase in annual alternative fuel
consumption, as calculated from the baseline established by the Secretary
for fiscal year 2005.
`(3) MILESTONES- The Secretary shall include in the regulations
described in paragraph (1)--
`(A) interim numeric milestones to assess annual agency progress
towards accomplishing the goals described in that paragraph; and
`(B) a requirement that agencies annually report on progress towards
meeting each of the milestones and the 2015 goals.
`(A) IN GENERAL- The regulations under subsection (a) shall require
each Federal agency to develop a plan, and implement the measures
specified in the plan by dates specified in the plan, to meet the required
petroleum reduction levels and the alternative fuel consumption increases,
including the milestones specified by the Secretary.
`(B) INCLUSIONS- The plan shall--
`(i) identify the specific measures the agency will use to meet the
requirements of subsection (a)(2); and
`(ii) quantify the reductions in petroleum consumption or increases
in alternative fuel consumption projected to be achieved by each measure
each year.
`(2) MEASURES- The plan may allow an agency to meet the required
petroleum reduction level through--
`(A) the use of alternative fuels;
`(B) 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;
`(C) the substitution of cars for light trucks;
`(D) an increase in vehicle load factors;
`(E) a decrease in vehicle miles traveled;
`(F) a decrease in fleet size; and
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF
BIOFUELS
Subtitle A--Renewable Fuel Standard
SEC. 201. DEFINITIONS.
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is amended to
read as follows:
`(1) DEFINITIONS- In this section:
`(A) ADDITIONAL RENEWABLE FUEL- The term `additional renewable fuel'
means fuel that is produced from renewable biomass and that is used to
replace or reduce the quantity of fossil fuel present in home heating oil
or jet fuel.
`(i) IN GENERAL- The term `advanced biofuel' means renewable fuel,
other than ethanol derived from corn starch, that has lifecycle
greenhouse gas emissions, as determined by the Administrator, after
notice and opportunity for comment, that are at least 50 percent less
than baseline lifecycle greenhouse gas emissions.
`(ii) INCLUSIONS- The types of fuels eligible for consideration as
`advanced biofuel' may include any of the following:
`(I) Ethanol derived from cellulose, hemicellulose, or
lignin.
`(II) Ethanol derived from sugar or starch (other than corn
starch).
`(III) Ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and food waste
and yard waste.
`(IV) Biomass-based diesel.
`(V) Biogas (including landfill gas and sewage waste treatment
gas) produced through the conversion of organic matter from renewable
biomass.
`(VI) Butanol or other alcohols produced through the conversion of
organic matter from renewable biomass.
`(VII) Other fuel derived from cellulosic biomass.
`(C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS- The term `baseline
lifecycle greenhouse gas emissions' means the average lifecycle greenhouse
gas emissions, as determined by the Administrator, after notice and
opportunity for comment, for gasoline or diesel (whichever is being
replaced by the renewable fuel) sold or distributed as transportation fuel
in 2005.
`(D) BIOMASS-BASED DIESEL- The term `biomass-based diesel' means
renewable fuel that is biodiesel as defined in section 312(f) of the
Energy Policy Act of 1992 (42 U.S.C. 13220(f)) and that has lifecycle
greenhouse gas emissions, as determined by the Administrator, after notice
and opportunity for comment, that are at least 50 percent less than the
baseline lifecycle greenhouse gas emissions. Notwithstanding the preceding
sentence, renewable fuel derived from co-processing biomass with a
petroleum feedstock shall be advanced biofuel if it meets the requirements
of subparagraph (B), but is not biomass-based diesel.
`(E) CELLULOSIC BIOFUEL- The term `cellulosic biofuel' means renewable
fuel derived from any cellulose, hemicellulose, or lignin that is derived
from renewable biomass and that has lifecycle greenhouse gas emissions, as
determined by the Administrator, that are at least 60 percent less than
the baseline lifecycle greenhouse gas emissions.
`(F) CONVENTIONAL BIOFUEL- The term `conventional biofuel' means
renewable fuel that is ethanol derived from corn starch.
`(G) GREENHOUSE GAS- The term `greenhouse gas' means carbon dioxide,
hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur
hexafluoride. The Administrator may include any other
anthropogenically-emitted gas that is determined by the Administrator,
after notice and comment, to contribute to global warming.
`(H) LIFECYCLE GREENHOUSE GAS EMISSIONS- The term `lifecycle
greenhouse gas emissions' means the aggregate quantity of greenhouse gas
emissions (including direct emissions and significant indirect emissions
such as significant emissions from land use changes), as determined by the
Administrator, related to the full fuel lifecycle, including all stages of
fuel and feedstock production and distribution, from feedstock generation
or extraction through the distribution and delivery and use of the
finished fuel to the ultimate consumer, where the mass values for all
greenhouse gases are adjusted to account for their relative global warming
potential.
`(I) RENEWABLE BIOMASS- The term `renewable biomass' means each of the
following:
`(i) Planted crops and crop residue harvested from agricultural land
cleared or cultivated at any time prior to the enactment of this
sentence that is either actively managed or fallow, and
nonforested.
`(ii) Planted trees and tree residue from actively managed tree
plantations on non-federal land cleared at any time prior to enactment
of this sentence, including 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.
`(iii) Animal waste material and animal byproducts.
`(iv) Slash and pre-commercial thinnings that are from non-federal
forestlands, including forestlands belonging to an Indian tribe or an
Indian individual, that are held in trust by the United States or
subject to a restriction against alienation imposed by the United
States, but not forests or forestlands that are ecological communities
with a global or State ranking of critically imperiled, imperiled, or
rare pursuant to a State Natural Heritage Program, old growth forest, or
late successional forest.
`(v) Biomass obtained from the immediate vicinity of buildings and
other areas regularly occupied by people, or of public infrastructure,
at risk from wildfire.
`(vii) Separated yard waste or food waste, including recycled
cooking and trap grease.
`(J) RENEWABLE FUEL- The term `renewable fuel' means fuel that is
produced from renewable biomass and that is used to replace or reduce the
quantity of fossil fuel present in a transportation fuel.
`(K) 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.
`(L) TRANSPORTATION FUEL- The term `transportation fuel' means fuel
for use in motor vehicles, motor vehicle engines, nonroad vehicles, or
nonroad engines (except for ocean-going vessels).'.
SEC. 202. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program- Paragraph (2) of section 211(o) (42 U.S.C.
7545(o)(2)) of the Clean Air Act is amended as follows:
(1) REGULATIONS- Clause (i) of subparagraph (A) is amended by adding the
following at the end thereof: `Not later than 1 year after the date of
enactment of this sentence, the Administrator shall revise the regulations
under this paragraph to ensure that transportation fuel sold or introduced
into commerce in the United States (except in noncontiguous States or
territories), on an annual average basis, contains at least the applicable
volume of renewable fuel, advanced biofuel, cellulosic biofuel, and
biomass-based diesel, determined in accordance with subparagraph (B) and, in
the case of any such renewable fuel produced from new facilities that
commence construction after the date of enactment of this sentence, achieves
at least a 20 percent reduction in lifecycle greenhouse gas emissions
compared to baseline lifecycle greenhouse gas emissions.'.
(2) APPLICABLE VOLUMES OF RENEWABLE FUEL- Subparagraph (B) is amended to
read as follows:
`(i) CALENDAR YEARS AFTER 2005-
`(I) RENEWABLE FUEL- For the purpose of subparagraph (A), the
applicable volume of renewable fuel for the calendar years 2006
through 2022 shall be determined in accordance with the following
table:
Applicable volume of renewable fuel
`Calendar year:
(in billions of gallons):
2006
--4.0
2007
--4.7
2008
--9.0
2009
--11.1
2010
--12.95
2011
--13.95
2012
--15.2
2013
--16.55
2014
--18.15
2015
--20.5
2016
--22.25
2017
--24.0
2018
--26.0
2019
--28.0
2020
--30.0
2021
--33.0
2022
--36.0
`(II) ADVANCED BIOFUEL- For the purpose of subparagraph (A), of
the volume of renewable fuel required under subclause (I), the
applicable volume of advanced biofuel for the calendar years 2009
through 2022 shall be determined in accordance with the following
table:
Applicable volume of advanced biofuel
`Calendar year:
(in billions of gallons):
2009
--0.6
2010
--0.95
2011
--1.35
2012
--2.0
2013
--2.75
2014
--3.75
2015
--5.5
2016
--7.25
2017
--9.0
2018
--11.0
2019
--13.0
2020
--15.0
2021
--18.0
2022
--21.0
`(III) CELLULOSIC BIOFUEL- For the purpose of subparagraph (A), of
the volume of advanced biofuel required under subclause (II), the
applicable volume of cellulosic biofuel for the calendar years 2010
through 2022 shall be determined in accordance with the following
table:
Applicable volume of cellulosic biofuel
`Calendar year:
(in billions of gallons):
2010
--0.1
2011
--0.25
2012
--0.5
2013
--1.0
2014
--1.75
2015
--3.0
2016
--4.25
2017
--5.5
2018
--7.0
2019
--8.5
2020
--10.5
2021
--13.5
2022
--16.0
`(IV) BIOMASS-BASED DIESEL- For the purpose of subparagraph (A),
of the volume of advanced biofuel required under subclause (II), the
applicable volume of biomass-based diesel for the calendar years 2009
through 2012 shall be determined in accordance with the following
table:
Applicable volume of biomass-based diesel
`Calendar year:
(in billions of gallons):
2009
--0.5
2010
--0.65
2011
--0.80
2012
--1.0
`(ii) OTHER CALENDAR YEARS- For the purposes of subparagraph (A),
the applicable volumes of each fuel specified in the tables in clause
(i) for calendar years after the calendar years specified in the tables
shall be determined by the Administrator, in coordination with the
Secretary of Energy and the Secretary of Agriculture, based on a review
of the implementation of the program during calendar years specified in
the tables, and an analysis of--
`(I) the impact of the production and use of renewable fuels on
the environment, including on air quality, climate change, conversion
of wetlands, ecosystems, wildlife habitat, water quality, and water
supply;
`(II) the impact of renewable fuels on the energy security of the
United States;
`(III) the expected annual rate of future commercial production of
renewable fuels, including advanced biofuels in each category
(cellulosic biofuel and biomass-based diesel);
`(IV) 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 and use renewable fuel;
`(V) the impact of the use of renewable fuels on the cost to
consumers of transportation fuel and on the cost to transport goods;
and
`(VI) 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 food
prices.
The Administrator shall promulgate rules establishing the applicable
volumes under this clause no later than 14 months before the first year
for which such applicable volume will apply.
`(iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL- For the purpose of
making the determinations in clause (ii), for each calendar year, the
applicable volume of advanced biofuel shall be at least the same
percentage of the applicable volume of renewable fuel as in calendar
year 2022.
`(iv) APPLICABLE VOLUME OF CELLULOSIC BIOFUEL- For the purpose of
making the determinations in clause (ii), for each calendar year, the
applicable volume of cellulosic biofuel established by the Administrator
shall be based on the assumption that the Administrator will not need to
issue a waiver for such years under paragraph (7)(D).
`(v) MINIMUM APPLICABLE VOLUME OF BIOMASS-BASED DIESEL- For the
purpose of making the determinations in clause (ii), the applicable
volume of biomass-based diesel shall not be less than the applicable
volume listed in clause (i)(IV) for calendar year 2012.'.
(b) Applicable Percentages- Paragraph (3) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking `2011' and inserting `2021'.
(2) In subparagraph (A), by striking `gasoline' and inserting
`transportation fuel, biomass-based diesel, and cellulosic biofuel'.
(3) In subparagraph (B), by striking `2012' and inserting `2021' in
clause (i).
(4) In subparagraph (B), by striking `gasoline' and inserting
`transportation fuel' in clause (ii)(II).
(c) Modification of Greenhouse Gas Percentages- Paragraph (4) of section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as
follows:
`(4) MODIFICATION OF GREENHOUSE GAS REDUCTION PERCENTAGES-
`(A) IN GENERAL- The Administrator may, in the regulations under the
last sentence of paragraph (2)(A)(i), adjust the 20 percent, 50 percent,
and 60 percent reductions in lifecycle greenhouse gas emissions specified
in paragraphs (2)(A)(i) (relating to renewable fuel), (1)(D) (relating to
biomass-based diesel), (1)(B)(i) (relating to advanced biofuel), and
(1)(E) (relating to cellulosic biofuel) to a lower percentage. For the 50
and 60 percent reductions, the Administrator may make such an adjustment
only if he determines that generally such reduction is not commercially
feasible for fuels made using a variety of feedstocks, technologies, and
processes to meet the applicable reduction.
`(B) AMOUNT OF ADJUSTMENT- In promulgating regulations under this
paragraph, the specified 50 percent reduction in greenhouse gas emissions
from advanced biofuel and in biomass-based diesel may not be reduced below
40 percent. The specified 20 percent reduction in greenhouse gas emissions
from renewable fuel may not be reduced below 10 percent, and the specified
60 percent reduction in greenhouse gas emissions from cellulosic biofuel
may not be reduced below 50 percent.
`(C) ADJUSTED REDUCTION LEVELS- An adjustment under this paragraph to
a percent less than the specified 20 percent greenhouse gas reduction for
renewable fuel shall be the minimum possible adjustment, and the adjusted
greenhouse gas reduction shall be established by the Administrator at the
maximum achievable level, taking cost in consideration, for natural gas
fired corn-based ethanol plants, allowing for the use of a variety of
technologies and processes. An adjustment in the 50 or 60 percent
greenhouse gas levels shall be the minimum possible adjustment for the
fuel or fuels concerned, and the adjusted greenhouse gas reduction shall
be established at the maximum achievable level, taking cost in
consideration, allowing for the use of a variety of feedstocks,
technologies, and processes.
`(D) 5-year review- Whenever the Administrator makes any adjustment
under this paragraph, not later than 5 years thereafter he shall review
and revise (based upon the same criteria and standards as required for the
initial adjustment) the regulations establishing the adjusted
level.
`(E) SUBSEQUENT ADJUSTMENTS- After the Administrator has promulgated a
final rule under the last sentence of paragraph (2)(A)(i) with respect to
the method of determining lifecycle greenhouse gas emissions, except as
provided in subparagraph (D), the Administrator may not adjust the percent
greenhouse gas reduction levels unless he determines that there has been a
significant change in the analytical methodology used for determining the
lifecycle greenhouse gas emissions. If he makes such determination, he may
adjust the 20, 50, or 60 percent reduction levels through rulemaking using
the criteria and standards set forth in this paragraph.
`(F) LIMIT ON UPWARD ADJUSTMENTS- If, under subparagraph (D) or (E),
the Administrator revises a percent level adjusted as provided in
subparagraphs (A), (B), and (C) to a higher percent, such higher percent
may not exceed the applicable percent specified in paragraph (2)(A)(i),
(1)(D), (1)(B)(i), or (1)(E).
`(G) APPLICABILITY OF ADJUSTMENTS- If the Administrator adjusts, or
revises, a percent level referred to in this paragraph or makes a change
in the analytical methodology used for determining the lifecycle
greenhouse gas emissions, such adjustment, revision, or change (or any
combination thereof) shall only apply to renewable fuel from new
facilities that commence construction after the effective date of such
adjustment, revision, or change.'.
(d) Credits for Additional Renewable Fuel- Paragraph (5) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by adding the following
new subparagraph at the end thereof:
`(E) CREDITS FOR ADDITIONAL RENEWABLE FUEL- The Administrator may
issue regulations providing: (i) for the generation of an appropriate
amount of credits by any person that refines, blends, or imports
additional renewable fuels specified by the Administrator; and (ii) for
the use of such credits by the generator, or the transfer of all or a
portion of the credits to another person, for the purpose of complying
with paragraph (2).'.
(1) IN GENERAL- Paragraph (7)(A) of section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)(7)(A)) is amended by inserting `, by any person subject
to the requirements of this subsection, or by the Administrator on his own
motion' after `one or more States' in subparagraph (A) and by striking out
`State' in subparagraph (B).
(2) CELLULOSIC BIOFUEL- Paragraph (7) of section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end
thereof:
`(D) CELLULOSIC BIOFUEL- (i) For any calendar year for which the
projected volume of cellulosic biofuel production is less than the minimum
applicable volume established under paragraph (2)(B), as determined by the
Administrator based on the estimate provided under paragraph (3)(A), not
later than November 30 of the preceding calendar year, the Administrator
shall reduce the applicable volume of cellulosic biofuel required under
paragraph (2)(B) to the projected volume available during that calendar
year. For any calendar year in which the Administrator makes such a
reduction, the Administrator may also reduce the applicable volume of
renewable fuel and advanced biofuels requirement established under
paragraph (2)(B) by the same or a lesser volume.
`(ii) Whenever the Administrator reduces the minimum cellulosic
biofuel volume under this subparagraph, the Administrator shall make
available for sale cellulosic biofuel credits at the higher of $0.25 per
gallon or the amount by which $3.00 per gallon exceeds the average
wholesale price of a gallon of gasoline in the United States. Such amounts
shall be adjusted for inflation by the Administrator for years after
2008.
`(iii) Eighteen months after the date of enactment of this
subparagraph, the Administrator shall promulgate regulations to govern the
issuance of credits under this subparagraph. The regulations shall set
forth the method for determining the exact price of credits in the event
of a waiver. The price of such credits shall not be changed more
frequently than once each quarter. These regulations shall include such
provisions, including limiting the credits' uses and useful life, as the
Administrator deems appropriate to assist market liquidity and
transparency, to provide appropriate certainty for regulated entities and
renewable fuel producers, and to limit any potential misuse of cellulosic
biofuel credits to reduce the use of other renewable fuels, and for such
other purposes as the Administrator determines will help achieve the goals
of this subsection. The regulations shall limit the number of cellulosic
biofuel credits for any calendar year to the minimum applicable volume (as
reduced under this subparagraph) of cellulosic biofuel for that
year.'.
(3) BIOMASS-BASED DIESEL- Paragraph (7) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the following at the end
thereof:
`(E) BIOMASS-BASED DIESEL-
`(i) MARKET EVALUATION- The Administrator, in consultation with the
Secretary of Energy and the Secretary of Agriculture, shall periodically
evaluate the impact of the biomass-based diesel requirements established
under this paragraph on the price of diesel fuel.
`(ii) WAIVER- If the Administrator determines that there is a
significant renewable feedstock disruption or other market circumstances
that would make the price of biomass-based diesel fuel increase
significantly, the Administrator, in consultation with the Secretary of
Energy and the Secretary of Agriculture, shall issue an order to reduce,
for up to a 60-day period, the quantity of biomass-based diesel required
under subparagraph (A) by an appropriate quantity that does not exceed
15 percent of the applicable annual requirement for biomass-based
diesel. For any calendar year in which the Administrator makes a
reduction under this subparagraph, the Administrator may also reduce the
applicable volume of renewable fuel and advanced biofuels requirement
established under paragraph (2)(B) by the same or a lesser
volume.
`(iii) EXTENSIONS- If the Administrator determines that the
feedstock disruption or circumstances described in clause (ii) is
continuing beyond the 60-day period described in clause (ii) or this
clause, the Administrator, in consultation with the Secretary of Energy
and the Secretary of Agriculture, may issue an order to reduce, for up
to an additional 60-day period, the quantity of biomass-based diesel
required under subparagraph (A) by an appropriate quantity that does not
exceed an additional 15 percent of the applicable annual requirement for
biomass-based diesel.
`(F) MODIFICATION OF APPLICABLE VOLUMES- For any of the tables in
paragraph (2)(B), if the Administrator waives--
`(i) at least 20 percent of the applicable volume requirement set
forth in any such table for 2 consecutive years; or
`(ii) at least 50 percent of such volume requirement for a single
year,
the Administrator shall promulgate a rule (within 1 year after issuing
such waiver) that modifies the applicable volumes set forth in the table
concerned for all years following the final year to which the waiver
applies, except that no such modification in applicable volumes shall be
made for any year before 2016. In promulgating such a rule, the
Administrator shall comply with the processes, criteria, and standards set
forth in paragraph (2)(B)(ii).'.
SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.
(a) In General- The Secretary of Energy, in consultation with the
Secretary of Agriculture and the Administrator of the Environmental Protection
Agency, shall enter into an arrangement with the National Academy of Sciences
under which the Academy shall conduct a study to assess the impact of the
requirements described in section 211(o) of the Clean Air Act on each industry
relating to the production of feed grains, livestock, food, forest products,
and energy.
(b) Participation- In conducting the study under this section, the
National Academy of Sciences shall seek the participation, and consider the
input, of--
(1) producers of feed grains;
(2) producers of livestock, poultry, and pork products;
(3) producers of food and food products;
(5) individuals and entities interested in issues relating to
conservation, the environment, and nutrition;
(6) users and consumers of renewable fuels;
(7) producers and users of biomass feedstocks; and
(8) land grant universities.
(c) Considerations- In conducting the study, the National Academy of
Sciences shall consider--
(1) the likely impact on domestic animal agriculture feedstocks that, in
any crop year, are significantly below current projections;
(2) policy options to alleviate the impact on domestic animal
agriculture feedstocks that are significantly below current projections;
and
(3) policy options to maintain regional agricultural and silvicultural
capability.
(d) Components- The study shall include--
(1) a description of the conditions under which the requirements
described in section 211(o) of the Clean Air Act should be suspended or
reduced to prevent adverse impacts to domestic animal agriculture feedstocks
described in subsection (c)(2) or regional agricultural and silvicultural
capability described in subsection (c)(3); and
(2) recommendations for the means by which the Federal Government could
prevent or minimize adverse economic hardships and impacts.
(e) Deadline for Completion of Study- Not later than 18 months after the
date of enactment of this Act, the Secretary shall submit to Congress a report
that describes the results of the study under this section.
(f) Periodic Reviews- Section 211(o) of the Clean Air Act is amended by
adding the following at the end thereof:
`(11) PERIODIC REVIEWS- To allow for the appropriate adjustment of the
requirements described in subparagraph (B) of paragraph (2), the
Administrator shall conduct periodic reviews of--
`(A) existing technologies;
`(B) the feasibility of achieving compliance with the requirements;
and
`(C) the impacts of the requirements described in subsection (a)(2) on
each individual and entity described in paragraph (2).'.
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.
(a) In General- Not later than 3 years after the enactment of this section
and every 3 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of Agriculture and the
Secretary of Energy, shall assess and report to Congress on the impacts to
date and likely future impacts of the requirements of section 211(o) of the
Clean Air Act on the following:
(1) Environmental issues, including air quality, effects on hypoxia,
pesticides, sediment, nutrient and pathogen levels in waters, acreage and
function of waters, and soil environmental quality.
(2) Resource conservation issues, including soil conservation, water
availability, and ecosystem health and biodiversity, including impacts on
forests, grasslands, and wetlands.
(3) The growth and use of cultivated invasive or noxious plants and
their impacts on the environment and agriculture.
In advance of preparing the report required by this subsection, the
Administrator may seek the views of the National Academy of Sciences or
another appropriate independent research institute. The report shall include
the annual volume of imported renewable fuels and feedstocks for renewable
fuels, and the environmental impacts outside the United States of producing
such fuels and feedstocks. The report required by this subsection shall
include recommendations for actions to address any adverse impacts found.
(b) Effect on Air Quality and Other Environmental Requirements- Except as
provided in section 211(o)(12) of the Clean Air Act, nothing in the amendments
made by this title to section 211(o) of the Clean Air Act shall be construed
as superseding, or limiting, any more environmentally protective requirement
under the Clean Air Act, or under any other provision of State or Federal law
or regulation, including any environmental law or regulation.
SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING.
(a) In General- Each retail diesel fuel pump shall be labeled in a manner
that informs consumers of the percent of biomass-based diesel or biodiesel
that is contained in the biomass-based diesel blend or biodiesel blend that is
offered for sale, as determined by the Federal Trade Commission.
(b) Labeling Requirements- Not later than 180 days after the date of
enactment of this section, the Federal Trade Commission shall promulgate
biodiesel labeling requirements as follows:
(1) Biomass-based diesel blends or biodiesel blends that contain less
than or equal to 5 percent biomass-based diesel or biodiesel by volume and
that meet ASTM D975 diesel specifications shall not require any additional
labels.
(2) Biomass-based diesel blends or biodiesel blends that contain more
than 5 percent biomass-based diesel or biodiesel by volume but not more than
20 percent by volume shall be labeled `contains biomass-based diesel or
biodiesel in quantities between 5 percent and 20 percent'.
(3) Biomass-based diesel or biodiesel blends that contain more than 20
percent biomass based or biodiesel by volume shall be labeled `contains more
than 20 percent biomass-based diesel or biodiesel'.
(c) Definitions- In this section:
(1) ASTM- The term `ASTM' means the American Society of Testing and
Materials.
(2) BIOMASS-BASED DIESEL- The term `biomass-based diesel' means
biodiesel as defined in section 312(f) of the Energy Policy Act of 1992 (42
U.S.C. 13220(f)).
(3) BIODIESEL- The term `biodiesel' means the monoalkyl esters of long
chain fatty acids derived from plant or animal matter that meet--
(A) the registration requirements for fuels and fuel additives under
this section; and
(B) the requirements of ASTM standard D6751.
(4) BIOMASS-BASED DIESEL AND BIODIESEL BLENDS- The terms `biomass-based
diesel blend' and `biodiesel blend' means a blend of `biomass-based diesel'
or `biodiesel' fuel that is blended with petroleum-based diesel fuel.
SEC. 206. 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 Administrator of the Environmental Protection Agency shall
conduct a study on the feasibility of issuing credits under the program
established under section 211(o) of the Clean Air Act 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 Administrator shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Energy and Commerce
of the United States 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 211(o) of the Clean Air Act.
SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General- The Secretary of Energy shall establish a grant program to
encourage the production of advanced biofuels.
(b) Requirements and Priority- In making grants under this section, the
Secretary--
(1) shall make awards to the proposals for advanced biofuels with the
greatest reduction in lifecycle greenhouse gas emissions compared to the
comparable motor vehicle fuel lifecycle emissions during calendar year 2005;
and
(2) shall not make an award to a project that does not achieve at least
an 80 percent reduction in such lifecycle greenhouse gas emissions.
(c) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $500,000,000 for the period of fiscal
years 2008 through 2015.
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS ON
FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is amended
as follows:
(1) By striking `nonroad vehicle (A) if in the judgment of the
Administrator' and inserting `nonroad vehicle if, in the judgment of the
Administrator, any fuel or fuel additive or'; and
(2) In subparagraph (A), by striking `air pollution which' and inserting
`air pollution or water pollution (including any degradation in the quality
of groundwater) that'.
SEC. 209. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at
the end the following:
`(v) Prevention of Air Quality Deterioration-
`(A) IN GENERAL- Not later than 18 months after the date of enactment
of this subsection, the Administrator shall complete a study to determine
whether the renewable fuel volumes required by this section will adversely
impact air quality as a result of changes in vehicle and engine emissions
of air pollutants regulated under this Act.
`(B) CONSIDERATIONS- The study shall include consideration
of--
`(i) different blend levels, types of renewable fuels, and available
vehicle technologies; and
`(ii) appropriate national, regional, and local air quality control
measures.
`(2) REGULATIONS- Not later than 3 years after the date of enactment of
this subsection, the Administrator shall--
`(A) promulgate fuel regulations to implement appropriate measures to
mitigate, to the greatest extent achievable, considering the results of
the study under paragraph (1), any adverse impacts on air quality, as the
result of the renewable volumes required by this section; or
`(B) make a determination that no such measures are
necessary.'.
SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION RULES.
(a) Transition Rules- (1) For calendar year 2008, transportation fuel sold
or introduced into commerce in the United States (except in noncontiguous
States or territories), that is produced from facilities that commence
construction after the date of enactment of this Act shall be treated as
renewable fuel within the meaning of section 211(o) of the Clean Air Act only
if it achieves at least a 20 percent reduction in lifecycle greenhouse gas
emissions compared to baseline lifecycle greenhouse gas emissions. For
calendar years 2008 and 2009, any ethanol plant that is fired with natural
gas, biomass, or any combination thereof is deemed to be in compliance with
such 20 percent reduction requirement and with the 20 percent reduction
requirement of section 211(o)(1) of the Clean Air Act. The terms used in this
subsection shall have the same meaning as provided in the amendment made by
this Act to section 211(o) of the Clean Air Act.
(2) Until January 1, 2009, the Administrator of the Environmental
Protection Agency shall implement section 211(o) of the Clean Air Act and the
rules promulgated under that section in accordance with the provisions of that
section as in effect before the enactment of this Act and in accordance with
the rules promulgated before the enactment of this Act, except that for
calendar year 2008, the number `9.0' shall be substituted for the number `5.4'
in the table in section 211(o)(2)(B) and in the corresponding rules
promulgated to carry out those provisions. The Administrator is authorized to
take such other actions as may be necessary to carry out this paragraph
notwithstanding any other provision of law.
(b) Savings Clause- Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by adding the following new paragraph at the end
thereof:
`(12) EFFECT ON OTHER PROVISIONS- Nothing in this subsection, or
regulations issued pursuant to this subsection, shall affect or be construed
to affect the regulatory status of carbon dioxide or any other greenhouse
gas, or to expand or limit regulatory authority regarding carbon dioxide or
any other greenhouse gas, for purposes of other provisions (including
section 165) of this Act. The previous sentence shall not affect
implementation and enforcement of this subsection.'.
(c) Effective Date- The amendments made by this title to section 211(o) of
the Clean Air Act shall take effect January 1, 2009, except that the
Administrator shall promulgate regulations to carry out such amendments not
later than 1 year after the enactment of this Act.
Subtitle B--Biofuels Research and Development
SEC. 221. BIODIESEL.
(a) Biodiesel Study- Not later than 180 days after the date of enactment
of this Act, the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall submit to Congress a report on any
research and development challenges inherent in increasing the proportion of
diesel fuel sold in the United States that is biodiesel.
(b) Material for the Establishment of Standards- The Director of the
National Institute of Standards and Technology, in consultation with the
Secretary, shall make publicly available the physical property data and
characterization of biodiesel and other biofuels as appropriate.
SEC. 222. BIOGAS.
Not later than 180 days after the date of enactment of this Act, the
Secretary, in consultation with the Administrator of the Environmental
Protection Agency, shall submit to Congress a report on any research and
development challenges inherent in increasing the amount of transportation
fuels sold in the United States that are fuel with biogas or a blend of biogas
and natural gas.
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN CERTAIN
STATES.
(a) In General- The Secretary shall provide grants to eligible entities
for research, development, demonstration, and commercial application of
biofuel 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 this 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)), including tribally
controlled colleges or universities, located in a State described in
subsection (a); or
(B) be a consortium including at least 1 such institution of higher
education and industry, State agencies, Indian tribal agencies, National
Laboratories, or local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for each
of fiscal years 2008 through 2010.
SEC. 224. BIOREFINERY ENERGY EFFICIENCY.
Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended
by adding at the end the following new subsections:
`(g) Biorefinery Energy Efficiency- The Secretary shall establish a
program of research, development, demonstration, and commercial application
for increasing energy efficiency and reducing energy consumption in the
operation of biorefinery facilities.
`(h) Retrofit Technologies for the Development of Ethanol From Cellulosic
Materials- The Secretary shall establish a program of research, development,
demonstration, and commercial application on technologies and processes to
enable biorefineries that exclusively use corn grain or corn starch as a
feedstock to produce ethanol to be retrofitted to accept a range of biomass,
including lignocellulosic feedstocks.'.
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85
FUEL.
(a) In General- The Secretary, in consultation with the Secretary of
Transportation and the Administrator of the Environmental Protection Agency,
shall conduct a study of whether optimizing flexible fueled vehicles to
operate using E-85 fuel would increase the fuel efficiency of flexible fueled
vehicles.
(b) Report- Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Science and Technology and
the Committee on Energy and Commerce of the House of Representatives, and to
the Committee on Energy and Natural Resources, the Committee on Environment
and Public Works, and the Committee on Commerce, Science, and Transportation
of the Senate, a report that describes the results of the study under this
section, including any recommendations of the Secretary.
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCIATED WITH THE USE
OF BIODIESEL.
(a) In General- Not later than 30 days after the date of enactment of this
Act, the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall initiate a study on the effects of the
use of biodiesel on the performance and durability of engines and engine
systems.
(b) Components- The study under this section shall include--
(1) an assessment of whether the use of biodiesel lessens the durability
and performance of conventional diesel engines and engine systems; and
(2) an assessment of the effects referred to in subsection (a) with
respect to biodiesel blends at varying concentrations, including the
following percentage concentrations of biodiesel:
(B) 10 percent biodiesel.
(C) 20 percent biodiesel.
(D) 30 percent biodiesel.
(E) 100 percent biodiesel.
(c) Report- Not later than 24 months after the date of enactment of this
Act, the Secretary shall submit to the Committee on Science and Technology and
the Committee on Energy and Commerce of the House of Representatives, and to
the Committee on Energy and Natural Resources and the Committee on Environment
and Public Works of the Senate, a report that describes the results of the
study under this section, including any recommendations of the Secretary.
SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL GAS VEHICLES.
(a) In General- The Secretary, in consultation with the Administrator of
the Environmental Protection Agency and the Secretary of Transportation, shall
conduct a study of methods of increasing the fuel efficiency of vehicles using
biogas by optimizing natural gas vehicle systems that can operate on biogas,
including the advancement of vehicle fuel systems and the combination of
hybrid-electric and plug-in hybrid electric drive platforms with natural gas
vehicle systems using biogas.
(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, the Committee on Environment and Public Works, and the Committee on
Commerce, Science, and Transportation of the Senate, and to the Committee on
Science and Technology and the Committee on Energy and Commerce of the House
of Representatives, a report that describes the results of the study,
including any recommendations of the Secretary.
SEC. 228. ALGAL BIOMASS.
(a) In General- Not later than 90 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Science and Technology of
the House of Representatives and the Committee on Energy and Natural Resources
of the Senate, a report on the progress of the research and development that
is being conducted on the use of algae as a feedstock for the production of
biofuels.
(b) Contents- The report shall identify continuing research and
development challenges and any regulatory or other barriers found by the
Secretary that hinder the use of this resource, as well as recommendations on
how to encourage and further its development as a viable transportation
fuel.
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER.
(a) In General- The Secretary, in cooperation with the Secretary of
Agriculture, shall establish a biofuels and biorefinery information center to
make available to interested parties information on--
(1) renewable fuel feedstocks, including the varieties of fuel capable
of being produced from various feedstocks;
(2) biorefinery processing techniques related to various renewable fuel
feedstocks;
(3) the distribution, blending, storage, and retail dispensing
infrastructure necessary for the transport and use of renewable fuels;
(4) Federal and State laws and incentives related to renewable fuel
production and use;
(5) renewable fuel research and development advancements;
(6) renewable fuel development and biorefinery processes and
technologies;
(7) renewable fuel resources, including information on programs and
incentives for renewable fuels;
(8) renewable fuel producers;
(9) renewable fuel users; and
(10) potential renewable fuel users.
(b) Administration- In administering the biofuels and biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available relating to processes and technologies
for renewable fuel production;
(3) make information available to interested parties on the process for
establishing a biorefinery; and
(4) make information and assistance provided by the center available
through a toll-free telephone number and website.
(c) Coordination and Nonduplication- To the maximum extent practicable,
the Secretary shall ensure that the activities under this section are
coordinated with, and do not duplicate the efforts of, centers at other
government agencies.
(d) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
(a) Definition of Eligible Entity- In this section, the term `eligible
entity' means--
(1) an 1890 Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7061));
(2) a part B institution (as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)) (commonly referred to as
`Historically Black Colleges and Universities');
(3) a tribal college or university (as defined in section 316(b) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b))); or
(4) a Hispanic-serving institution (as defined in section 502(a) of the
Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
(b) Grants- The Secretary shall make cellulosic ethanol and biofuels
research and development grants to 10 eligible entities selected by the
Secretary to receive a grant under this section through a peer-reviewed
competitive process.
(c) Collaboration- An eligible entity that is selected to receive a grant
under subsection (b) shall collaborate with 1 of the Bioenergy Research
Centers of the Office of Science of the Department.
(d) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to make grants described in subsection (b)
$50,000,000 for fiscal year 2008, to remain available until expended.
SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF
APPROPRIATION.
Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is
amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(4) $963,000,000 for fiscal year 2010.'; and
(i) by striking `$251,000,000' and inserting `$377,000,000';
and
(ii) by striking `and' at the end;
(i) by striking `$274,000,000' and inserting `$398,000,000';
and
(ii) by striking the period at the end and inserting `; and';
and
(C) by adding at the end the following:
`(4) $419,000,000 for fiscal year 2010, of which $150,000,000 shall be
for section 932(d).'.
SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.
(a) In General- Section 977 of the Energy Policy Act of 2005 (42 U.S.C.
16317) is amended--
(1) in subsection (a)(1), by striking `and computational biology' and
inserting `computational biology, and environmental science'; and
(A) in paragraph (1), by inserting `in sustainable production systems
that reduce greenhouse gas emissions' after `hydrogen';
(B) in paragraph (3), by striking `and' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
`(4) develop cellulosic and other feedstocks that are less resource and
land intensive and that promote sustainable use of resources, including
soil, water, energy, forests, and land, and ensure protection of air, water,
and soil quality; and'.
(b) Tools and Evaluation- Section 307(d) of the Biomass Research and
Development Act of 2000 (7 U.S.C. 8606(d)) is amended--
(1) in paragraph (3)(E), by striking `and' at the end;
(2) in paragraph (4), by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
`(5) the improvement and development of analytical tools to facilitate
the analysis of life-cycle energy and greenhouse gas emissions, including
emissions related to direct and indirect land use changes, attributable to
all potential biofuel feedstocks and production processes; and
`(6) the systematic evaluation of the impact of expanded biofuel
production on the environment, including forest lands, and on the food
supply for humans and animals.'.
(c) Small-Scale Production and Use of Biofuels- Section 307(e) of the
Biomass Research and Development Act of 2000 (7 U.S.C. 8606(e)) is
amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(4) to facilitate small-scale production, local, and on-farm use of
biofuels, including the development of small-scale gasification technologies
for production of biofuel from cellulosic feedstocks.'.
SEC. 233. BIOENERGY RESEARCH CENTERS.
Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is amended
by adding at the end the following:
`(f) Bioenergy Research Centers-
`(1) ESTABLISHMENT OF CENTERS- In carrying out the program under
subsection (a), the Secretary shall establish at least 7 bioenergy research
centers, which may be of varying size.
`(2) GEOGRAPHIC DISTRIBUTION- The Secretary shall establish at least 1
bioenergy research center in each Petroleum Administration for Defense
District or Subdistrict of a Petroleum Administration for Defense
District.
`(3) GOALS- The goals of the centers established under this subsection
shall be to accelerate basic transformational research and development of
biofuels, including biological processes.
`(4) SELECTION AND DURATION-
`(A) IN GENERAL- A center under this subsection shall be selected on a
competitive basis for a period of 5 years.
`(B) REAPPLICATION- After the end of the period described in
subparagraph (A), a grantee may reapply for selection on a competitive
basis.
`(5) INCLUSION- A center that is in existence on the date of enactment
of this subsection--
`(A) shall be counted towards the requirement for establishment of at
least 7 bioenergy research centers; and
`(B) may continue to receive support for a period of 5 years beginning
on the date of establishment of the center.'.
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.
(a) Establishment- The Secretary shall establish a competitive grant
program, in a geographically diverse manner, for projects submitted for
consideration by institutions of higher education to conduct research and
development of renewable energy technologies. Each grant made shall not exceed
$2,000,000.
(b) Eligibility- Priority shall be given to institutions of higher
education with--
(1) established programs of research in renewable energy;
(2) locations that are low income or outside of an urbanized area;
(3) a joint venture with an Indian tribe; and
(4) proximity to trees dying of disease or insect infestation as a
source of woody biomass.
(c) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary $25,000,000 for carrying out this section.
(d) Definitions- In this section:
(1) INDIAN TRIBE- The term `Indian tribe' has the meaning as defined in
section 126(c) of the Energy Policy Act of 2005.
(2) RENEWABLE ENERGY- The term `renewable energy' has the meaning as
defined in section 902 of the Energy Policy Act of 2005.
(3) URBANIZED AREA- The term `urbanized area' has the meaning as defined
by the U.S. Bureau of the Census.
Subtitle C--Biofuels Infrastructure
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO
RENEWABLE FUEL INFRASTRUCTURE.
(a) In General- Title I of the Petroleum Marketing Practices Act (15
U.S.C. 2801 et seq.) is amended by adding at the end the following:
`SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL
PUMPS.
`(a) Definition- In this section:
`(1) RENEWABLE FUEL- The term `renewable fuel' means any fuel--
`(A) at least 85 percent of the volume of which consists of ethanol;
or
`(B) any mixture of biodiesel and diesel or renewable diesel (as
defined in regulations adopted pursuant to section 211(o) of the Clean Air
Act (40 CFR, part 80)), determined without regard to any use of kerosene
and containing at least 20 percent biodiesel or renewable diesel.
`(2) FRANCHISE-RELATED DOCUMENT- The term `franchise-related document'
means--
`(A) a franchise under this Act; and
`(B) any other contract or directive of a franchisor relating to terms
or conditions of the sale of fuel by a franchisee.
`(1) IN GENERAL- No franchise-related document entered into or renewed
on or after the date of enactment of this section shall contain any
provision allowing a franchisor to restrict the franchisee or any affiliate
of the franchisee from--
`(A) installing on the marketing premises of the franchisee a
renewable fuel pump or tank, except that the franchisee's franchisor may
restrict the installation of a tank on leased marketing premises of such
franchisor;
`(B) converting an existing tank or pump on the marketing premises of
the franchisee for renewable fuel use, so long as such tank or pump and
the piping connecting them are either warranted by the manufacturer or
certified by a recognized standards setting organization to be suitable
for use with such renewable fuel;
`(C) advertising (including through the use of signage) the sale of
any renewable fuel;
`(D) selling renewable fuel in any specified area on the marketing
premises of the franchisee (including any area in which a name or logo of
a franchisor or any other entity appears);
`(E) purchasing renewable fuel from sources other than the franchisor
if the franchisor does not offer its own renewable fuel for sale by the
franchisee;
`(F) listing renewable fuel availability or prices, including on
service station signs, fuel dispensers, or light poles; or
`(G) allowing for payment of renewable fuel with a credit
card,
so long as such activities described in subparagraphs (A) through (G) do
not constitute mislabeling, misbranding, willful adulteration, or other
trademark violations by the franchisee.
`(2) EFFECT OF PROVISION- Nothing in this section shall be construed to
preclude a franchisor from requiring the franchisee to obtain reasonable
indemnification and insurance policies.
`(c) Exception to 3-Grade Requirement- No franchise-related document that
requires that 3 grades of gasoline be sold by the applicable franchisee shall
prevent the franchisee from selling a renewable fuel in lieu of 1, and only 1,
grade of gasoline.'.
(b) Enforcement- Section 105 of the Petroleum Marketing Practices Act (15
U.S.C. 2805) is amended by striking `102 or 103' each place it appears and
inserting `102, 103, or 107'.
(c) Conforming Amendments-
(1) IN GENERAL- Section 101(13) of the Petroleum Marketing Practices Act
(15 U.S.C. 2801(13)) is amended by aligning the margin of subparagraph (C)
with subparagraph (B).
(2) TABLE OF CONTENTS- The table of contents of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 note) is amended--
(A) by inserting after the item relating to section 106 the
following:
`Sec. 107. Prohibition on restriction of installation of renewable fuel
pumps.';
(B) by striking the item relating to section 202 and inserting the
following:
`Sec. 202. Automotive fuel rating testing and disclosure
requirements.'.
SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports- The Secretary, in consultation with the
Secretary of Transportation, shall determine and report to Congress annually
on the market penetration for flexible-fuel vehicles in use within geographic
regions to be established by the Secretary.
(b) Dispenser Feasibility Study- Not later than 24 months after the date
of enactment of this Act, the Secretary, in consultation with the Department
of Transportation, shall report to the Congress on the feasibility of
requiring motor fuel retailers to install E-85 compatible dispensers and
related systems at retail fuel facilities in regions where flexible-fuel
vehicle market penetration has reached 15 percent of motor vehicles. In
conducting such study, the Secretary shall consider and report on the
following factors:
(1) The commercial availability of E-85 fuel and the number of competing
E-85 wholesale suppliers in a given region.
(2) The level of financial assistance provided on an annual basis by the
Federal Government, State governments, and nonprofit entities for the
installation of E-85 compatible infrastructure.
(3) The number of retailers whose retail locations are unable to support
more than 2 underground storage tank dispensers.
(4) The expense incurred by retailers in the installation and sale of
E-85 compatible dispensers and related systems and any potential effects on
the price of motor vehicle fuel.
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY.
(a) In General- The Secretary, in coordination with the Secretary of
Transportation, shall conduct a study of the feasibility of the construction
of pipelines dedicated to the transportation of ethanol.
(b) Factors for Consideration- In conducting the study under subsection
(a), the Secretary shall take into consideration--
(1) the quantity of ethanol production that would make dedicated
pipelines economically viable;
(2) existing or potential barriers to the construction of pipelines
dedicated to the transportation of ethanol, 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 the
risk and help ensure the construction of 1 or more pipelines dedicated to
the transportation of ethanol;
(5) financial incentives that may be necessary for the construction of
pipelines dedicated to the transportation of ethanol, 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, including identification of remedial and preventive
measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers to be
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.
(d) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to carry out this section $1,000,000 for each of
fiscal years 2008 and 2009, to remain available until expended.
SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS.
(a) Definition of Renewable Fuel Blend- For purposes of this section, the
term `renewable fuel blend' means a gasoline blend that contains not less than
11 percent, and not more than 85 percent, renewable fuel or diesel fuel that
contains at least 10 percent renewable fuel.
(b) Infrastructure Development Grants-
(1) ESTABLISHMENT- The Secretary shall establish a program for making
grants for providing assistance to retail and wholesale motor fuel dealers
or other entities for the installation, replacement, or conversion of motor
fuel storage and dispensing infrastructure to be used exclusively to store
and dispense renewable fuel blends.
(2) SELECTION CRITERIA- Not later than 12 months after the date of
enactment of this Act, the Secretary shall establish criteria for evaluating
applications for grants under this subsection that will maximize the
availability and use of renewable fuel blends, and that will ensure that
renewable fuel blends are available across the country. Such criteria shall
provide for--
(A) consideration of the public demand for each renewable fuel blend
in a particular geographic area based on State registration records
showing the number of flexible-fuel vehicles;
(B) consideration of the opportunity to create or expand corridors of
renewable fuel blend stations along interstate or State highways;
(C) consideration of the experience of each applicant with previous,
similar projects;
(D) consideration of population, number of flexible-fuel vehicles,
number of retail fuel outlets, and saturation of flexible-fuel vehicles;
and
(E) priority consideration to applications that--
(i) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(ii) are best able to incorporate existing infrastructure while
maximizing, to the extent practicable, the use of renewable fuel blends;
and
(iii) 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.
(3) LIMITATIONS- Assistance provided under this subsection shall not
exceed--
(A) 33 percent of the estimated cost of the installation, replacement,
or conversion of motor fuel storage and dispensing infrastructure;
or
(B) $180,000 for a combination of equipment at any one retail outlet
location.
(4) OPERATION OF RENEWABLE FUEL BLEND STATIONS- The Secretary shall
establish rules that set forth requirements for grant recipients under this
section that include providing to the public the renewable fuel blends,
establishing a marketing plan that informs consumers of the price and
availability of the renewable fuel blends, clearly labeling the dispensers
and related equipment, and providing periodic reports on the status of the
renewable fuel blend sales, the type and amount of the renewable fuel blends
dispensed at each location, and the average price of such fuel.
(5) NOTIFICATION REQUIREMENTS- Not later than the date on which each
renewable fuel blend station begins to offer renewable fuel blends to the
public, the grant recipient that used grant funds to construct or upgrade
such station shall notify the Secretary of such opening. The Secretary shall
add each new renewable fuel blend station to the renewable fuel blend
station locator on its Website when it receives notification under this
subsection.
(6) DOUBLE COUNTING- No person that receives a credit under section 30C
of the Internal Revenue Code of 1986 may receive assistance under this
section.
(7) RESERVATION OF FUNDS- The Secretary shall reserve funds appropriated
for the renewable fuel blends infrastructure development grant program for
technical and marketing assistance described in subsection (c).
(c) Retail Technical and Marketing Assistance- The Secretary shall enter
into contracts with entities with demonstrated experience in assisting retail
fueling stations in installing refueling systems and marketing renewable fuel
blends nationally, for the provision of technical and marketing assistance to
recipients of grants under this section. Such assistance shall include--
(1) technical advice for compliance with applicable Federal and State
environmental requirements;
(2) help in identifying supply sources and securing long-term contracts;
and
(3) provision of public outreach, education, and labeling
materials.
(d) Refueling Infrastructure Corridors-
(1) IN GENERAL- The Secretary shall establish a competitive grant pilot
program (referred to in this subsection as the `pilot program'), to be
administered through the Vehicle Technology Deployment Program of the
Department, 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 paragraph
(2).
(2) GRANT PURPOSES- A grant under this subsection shall be used for the
establishment of refueling infrastructure corridors, as designated by the
Secretary, for renewable fuel blends, including--
(A) installation of infrastructure and equipment necessary to ensure
adequate distribution of renewable fuel blends within the
corridor;
(B) installation of infrastructure and equipment necessary to directly
support vehicles powered by renewable fuel blends; and
(C) operation and maintenance of infrastructure and equipment
installed as part of a project funded by the grant.
(i) IN GENERAL- Subject to clause (ii), 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.
(ii) MINIMUM REQUIREMENTS- At a minimum, the Secretary shall require
that an application for a grant under this subsection--
(aa) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of those entities;
and
(bb) a registered participant in the Vehicle Technology Deployment
Program of the Department; and
(aa) a description of the project proposed in the application,
including the ways in which the project meets the requirements of this
subsection;
(bb) an estimate of the degree of use of the project, including the
estimated size of fleet of vehicles operated with renewable fuels blend
available within the geographic region of the corridor, measured as a total
quantity and a percentage;
(cc) 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;
(dd) a description of the means by which the project will be
sustainable without Federal assistance after the completion of the term of the
grant;
(ee) a complete description of the costs of the project, including
acquisition, construction, operation, and maintenance costs over the expected
life of the project; and
(ff) a description of which costs of the project will be supported by
Federal assistance under this subsection.
(B) PARTNERS- An applicant under subparagraph (A) may carry out a
project under the pilot program in partnership with public and private
entities.
(4) SELECTION CRITERIA- In evaluating applications under the pilot
program, the Secretary shall--
(A) consider the experience of each applicant with previous, similar
projects; and
(B) give priority consideration to applications that--
(i) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(ii) are best able to incorporate existing infrastructure while
maximizing, to the extent practicable, the use of advanced
biofuels;
(iii) 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;
(iv) represent a partnership of public and private entities;
and
(v) exceed the minimum requirements of paragraph
(3)(A)(ii).
(5) PILOT PROJECT REQUIREMENTS-
(A) MAXIMUM AMOUNT- The Secretary shall provide not more than
$20,000,000 in Federal assistance under the pilot program to any
applicant.
(B) COST SHARING- The non-Federal share of the cost of any activity
relating to renewable fuel blend infrastructure development carried out
using funds from a grant under this subsection shall be not less than 20
percent.
(C) MAXIMUM PERIOD OF GRANTS- The Secretary shall not provide funds to
any applicant under the pilot program for more than 2 years.
(D) 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 subsection.
(E) 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.
(i) 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.
(ii) DEADLINE- An application described in clause (i) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that clause.
(iii) INITIAL SELECTION- Not later than 90 days after the date by
which applications for grants are due under clause (ii), the Secretary
shall select by competitive, peer-reviewed proposal up to 5 applications
for projects to be awarded a grant under the pilot program.
(i) 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.
(ii) DEADLINE- An application described in clause (i) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that clause.
(iii) INITIAL SELECTION- Not later than 90 days after the date by
which applications for grants are due under clause (ii), 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.
(A) INITIAL REPORT- Not later than 60 days after the date on which
grants are awarded under this subsection, the Secretary shall submit to
Congress a report containing--
(i) an identification of the grant recipients and a description of
the projects to be funded under the pilot program;
(ii) an identification of other applicants that submitted
applications for the pilot program but to which funding was not
provided; and
(iii) 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.
(B) 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.
(e) Restriction- No grant shall be provided under subsection (b) or (c) to
a large, vertically integrated oil company.
(f) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary for carrying out this section $200,000,000 for
each of the fiscal years 2008 through 2014.
SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-PRODUCED
RENEWABLE FUEL BY RAILROADS AND OTHER MODES OF TRANSPORTATION.
(1) IN GENERAL- The Secretary, in coordination with the Secretary of
Transportation, shall jointly conduct a study of the adequacy of
transportation of domestically-produced renewable fuels by railroad and
other modes of transportation as designated by the Secretaries.
(2) COMPONENTS- In conducting the study under paragraph (1), the
Secretaries shall--
(A) consider the adequacy of existing railroad and other
transportation and distribution infrastructure, equipment, service and
capacity to move the necessary quantities of domestically-produced
renewable fuel within the timeframes;
(B)(i) consider the projected costs of moving the
domestically-produced renewable fuel by railroad and other modes of
transportation; and
(ii) consider the impact of the projected costs on the marketability
of the domestically-produced renewable fuel;
(C) identify current and potential impediments to the reliable
transportation and distribution of adequate supplies of
domestically-produced renewable fuel at reasonable prices, including
practices currently utilized by domestic producers, shippers, and
receivers of renewable fuels;
(D) consider whether adequate competition exists within and between
modes of transportation for the transportation and distribution of
domestically-produced renewable fuel and, whether inadequate competition
leads to an unfair price for the transportation and distribution of
domestically-produced renewable fuel or unacceptable service for
transportation of domestically-produced renewable fuel;
(E) consider whether Federal agencies have adequate legal authority to
address instances of inadequate competition when inadequate competition is
found to prevent domestic producers for renewable fuels from obtaining a
fair and reasonable transportation price or acceptable service for the
transportation and distribution of domestically-produced renewable
fuels;
(F) consider whether Federal agencies have adequate legal authority to
address railroad and transportation service problems that may be resulting
in inadequate supplies of domestically-produced renewable fuel in any area
of the United States;
(G) consider what transportation infrastructure capital expenditures
may be necessary to ensure the reliable transportation of adequate
supplies of domestically-produced renewable fuel at reasonable prices
within the United States and which public and private entities should be
responsible for making such expenditures; and
(H) provide recommendations on ways to facilitate the reliable
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 Secretaries shall jointly submit to the Committee on Commerce,
Science and Transportation, the Committee on Energy and Natural Resources, and
the Committee on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure 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. 246. FEDERAL FLEET FUELING CENTERS.
(a) In General- Not later than January 1, 2010, the head of each Federal
agency shall install at least 1 renewable fuel pump at each Federal fleet
fueling center in the United States under the jurisdiction of the head of the
Federal agency.
(b) Report- Not later than October 31 of the first calendar year beginning
after the date of the enactment of this Act, and each October 31 thereafter,
the President shall submit to Congress a report that describes the progress
toward complying with subsection (a), including identifying--
(1) the number of Federal fleet fueling centers that contain at least 1
renewable fuel pump; and
(2) the number of Federal fleet fueling centers that do not contain any
renewable fuel pumps.
(c) Department of Defense Facility- This section shall not apply to a
Department of Defense fueling center with a fuel turnover rate of less than
100,000 gallons of fuel per year.
(d) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
redesignating subsection (s) as subsection (t), redesignating subsection (r)
(relating to conversion assistance for cellulosic biomass, waste-derived
ethanol, approved renewable fuels) as subsection (s) and by adding the
following new subsection at the end thereof:
`(u) Standard Specifications for Biodiesel- (1) Unless the American
Society for Testing and Materials has adopted a standard for diesel fuel
containing 20 percent biodiesel (commonly known as `B20') within 1 year after
the date of enactment of this subsection, the Administrator shall initiate a
rulemaking to establish a uniform per gallon fuel standard for such fuel and
designate an identification number so that vehicle manufacturers are able to
design engines to use fuel meeting such standard.
`(2) Unless the American Society for Testing and Materials has adopted a
standard for diesel fuel containing 5 percent biodiesel (commonly known as
`B5') within 1 year after the date of enactment of this subsection, the
Administrator shall initiate a rulemaking to establish a uniform per gallon
fuel standard for such fuel and designate an identification so that vehicle
manufacturers are able to design engines to use fuel meeting such standard.
`(3) Whenever the Administrator is required to initiate a rulemaking under
paragraph (1) or (2), the Administrator shall promulgate a final rule within
18 months after the date of the enactment of this subsection.
`(4) Not later than 180 days after the enactment of this subsection, the
Administrator shall establish an annual inspection and enforcement program to
ensure that diesel fuel containing biodiesel sold or distributed in interstate
commerce meets the standards established under regulations under this section,
including testing and certification for compliance with applicable standards
of the American Society for Testing and Materials. There are authorized to be
appropriated to carry out the inspection and enforcement program under this
paragraph $3,000,000 for each of fiscal years 2008 through 2010.
`(5) For purposes of this subsection, the term `biodiesel' has the meaning
provided by section 312(f) of Energy Policy Act of 1992 (42 U.S.C.
13220(f)).'.
SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRASTRUCTURE.
(a) In General- The Secretary, in coordination with the Secretary of
Transportation and in consultation with the Administrator of the Environmental
Protection Agency, shall carry out a program of research, development, and
demonstration relating to existing transportation fuel distribution
infrastructure and new alternative distribution infrastructure.
(b) Focus- The program described in subsection (a) shall focus on the
physical and chemical properties of biofuels and efforts to prevent or
mitigate against adverse impacts of those properties in the areas of--
(1) corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any
other material used in pipes and storage tanks;
(2) dissolving of storage tank sediments;
(4) contamination from water or other adulterants or pollutants;
(5) poor flow properties related to low temperatures;
(6) oxidative and thermal instability in long-term storage and
uses;
(7) microbial contamination;
(8) problems associated with electrical conductivity; and
(9) such other areas as the Secretary considers appropriate.
Subtitle D--Environmental Safeguards
SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES.
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is amended to
read as follows:
`(4) The Administrator, upon application of any manufacturer of any fuel
or fuel additive, may waive the prohibitions established under paragraph (1)
or (3) of this subsection or the limitation specified in paragraph (2) of this
subsection, if he determines that the applicant has established that such fuel
or fuel additive or a specified concentration thereof, and the emission
products of such fuel or fuel additive or specified concentration thereof,
will not cause or contribute to a failure of any emission control device or
system (over the useful life of the motor vehicle, motor vehicle engine,
nonroad engine or nonroad vehicle in which such device or system is used) to
achieve compliance by the vehicle or engine with the emission standards with
respect to which it has been certified pursuant to sections 206 and 213(a).
The Administrator shall take final action to grant or deny an application
submitted under this paragraph, after public notice and comment, within 270
days of the receipt of such an application.'.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended--
(A) by striking `(36) The' and inserting the following:
`(36) EXTERNAL POWER SUPPLY-
`(A) IN GENERAL- The'; and
(B) by adding at the end the following:
`(B) ACTIVE MODE- The term `active mode' means the mode of operation
when an external power supply is connected to the main electricity supply
and the output is connected to a load.
`(C) CLASS A EXTERNAL POWER SUPPLY-
`(i) IN GENERAL- The term `class A external power supply' means a
device that--
`(I) is designed to convert line voltage AC input into lower
voltage AC or DC output;
`(II) is able to convert to only 1 AC or DC output voltage at a
time;
`(III) is sold with, or intended to be used with, a separate
end-use product that constitutes the primary load;
`(IV) is contained in a separate physical enclosure from the
end-use product;
`(V) is connected to the end-use product via a removable or
hard-wired male/female electrical connection, cable, cord, or other
wiring; and
`(VI) has nameplate output power that is less than or equal to 250
watts.
`(ii) EXCLUSIONS- The term `class A external power supply' does not
include any device that--
`(I) requires Federal Food and Drug Administration listing and
approval as a medical device in accordance with section 513 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c);
or
`(II) powers the charger of a detachable battery pack or charges
the battery of a product that is fully or primarily motor
operated.
`(D) NO-LOAD MODE- The term `no-load mode' means the mode of operation
when an external power supply is connected to the main electricity supply
and the output is not connected to a load.'; and
(2) by adding at the end the following:
`(52) DETACHABLE BATTERY- The term `detachable battery' means a battery
that is--
`(A) contained in a separate enclosure from the product; and
`(B) intended to be removed or disconnected from the product for
recharging.'.
(b) Test Procedures- Section 323(b) of the Energy Policy and Conservation
Act (42 U.S.C. 6293(b)) is amended by adding at the end the following:
`(17) CLASS A EXTERNAL POWER SUPPLIES- Test procedures for class A
external power supplies shall be based on the `Test Method for Calculating
the Energy Efficiency of Single-Voltage External AC-DC and AC-AC Power
Supplies' published by the Environmental Protection Agency on August 11,
2004, except that the test voltage specified in section 4(d) of that test
method shall be only 115 volts, 60 Hz.'.
(c) Efficiency Standards for Class A External Power Supplies- Section
325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) is
amended by adding at the end the following:
`(6) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUPPLIES-
`(A) IN GENERAL- Subject to subparagraphs (B) through (D), a class A
external power supply manufactured on or after the later of July 1, 2008,
or the date of enactment of this paragraph shall meet the following
standards:
------------------------------------------------------------------------------------------------------------------
`Active Mode
`Nameplate Output Required Efficiency(decimal equivalent of a percentage)
------------------------------------------------------------------------------------------------------------------
Less than 1 watt 0.5 times the Nameplate Output
From 1 watt to not more than 51 watts The sum of 0.09 times the Natural Logarithm of the Nameplate Output and 0.5
Greater than 51 watts 0.85
`Nameplate Output Maximum Consumption
Not more than 250 watts 0.5 watts
------------------------------------------------------------------------------------------------------------------
`(B) NONCOVERED SUPPLIES- A class A external power supply shall not be
subject to subparagraph (A) if the class A external power supply
is--
`(i) manufactured during the period beginning on July 1, 2008, and
ending on June 30, 2015; and
`(ii) made available by the manufacturer as a service part or a
spare part for an end-use product--
`(I) that constitutes the primary load; and
`(II) was manufactured before July 1, 2008.
`(C) MARKING- Any class A external power supply manufactured on or
after the later of July 1, 2008 or the date of enactment of this paragraph
shall be clearly and permanently marked in accordance with the External
Power Supply International Efficiency Marking Protocol, as referenced in
the `Energy Star Program Requirements for Single Voltage External AC-DC
and AC-AC Power Supplies, version 1.1' published by the Environmental
Protection Agency.
`(D) AMENDMENT OF STANDARDS-
`(i) FINAL RULE BY JULY 1, 2011-
`(I) IN GENERAL- Not later than July 1, 2011, the Secretary shall
publish a final rule to determine whether the standards established
under subparagraph (A) should be amended.
`(II) ADMINISTRATION- The final rule shall--
`(aa) contain any amended standards; and
`(bb) apply to products manufactured on or after July 1,
2013.
`(ii) FINAL RULE BY JULY 1, 2015-
`(I) IN GENERAL- Not later than July 1, 2015 the Secretary shall
publish a final rule to determine whether the standards then in effect
should be amended.
`(II) ADMINISTRATION- The final rule shall--
`(aa) contain any amended standards; and
`(bb) apply to products manufactured on or after July 1,
2017.
`(7) END-USE PRODUCTS- An energy conservation standard for external
power supplies shall not constitute an energy conservation standard for the
separate end-use product to which the external power supplies is
connected.'.
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances- 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) Industrial Equipment- 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.'.
SEC. 303. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)) is amended--
(1) in the subsection heading, by inserting `and Boilers' after
`Furnaces';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) 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) 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 a tankless
domestic water heating coil) with 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) SINGLE INPUT RATE- 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.
`(C) EXCEPTION- A boiler that is manufactured to operate without any
need for electricity or any electric connection, electric gauges, electric
pumps, electric wires, or electric devices shall not be required to meet
the requirements of this paragraph.'.
SEC. 304. FURNACE FAN STANDARD PROCESS.
Paragraph (4)(D) of section 325(f) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(f)) (as redesignated by section 303(4)) is amended by
striking `the Secretary may' and inserting `not later than December 31, 2013,
the Secretary shall'.
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING STATE
AUTHORITY.
(a) Consumer Appliances- Section 325 of the Energy Policy and Conservation
Act (42 U.S.C. 6295) is amended by striking subsection (m) and inserting the
following:
`(m) Amendment of Standards-
`(1) IN GENERAL- Not later than 6 years after issuance of any final rule
establishing or amending a standard, as required for a product under this
part, the Secretary shall publish--
`(A) a notice of the determination of the Secretary that standards for
the product do not need to be amended, based on the criteria established
under subsection (n)(2); or
`(B) a notice of proposed rulemaking including new proposed standards
based on the criteria established under subsection (o) and the procedures
established under subsection (p).
`(2) NOTICE- If the Secretary publishes a notice under paragraph (1),
the Secretary shall--
`(A) publish a notice stating that the analysis of the Department is
publicly available; and
`(B) provide an opportunity for written comment.
`(3) AMENDMENT OF STANDARD; NEW DETERMINATION-
`(A) AMENDMENT OF STANDARD- Not later than 2 years after a notice is
issued under paragraph (1)(B), the Secretary shall publish a final rule
amending the standard for the product.
`(B) NEW DETERMINATION- Not later than 3 years after a determination
under paragraph (1)(A), the Secretary shall make a new determination and
publication under subparagraph (A) or (B) of paragraph (1).
`(4) APPLICATION TO PRODUCTS-
`(A) IN GENERAL- Except as provided in subparagraph (B), an amendment
prescribed under this subsection shall apply to--
`(i) with respect to refrigerators, refrigerator-freezers, freezers,
room air conditioners, dishwashers, clothes washers, clothes dryers,
fluorescent lamp ballasts, and kitchen ranges and ovens, such a product
that is manufactured after the date that is 3 years after publication of
the final rule establishing an applicable standard; and
`(ii) with respect to central air conditioners, heat pumps, water
heaters, pool heaters, direct heating equipment, and furnaces, such a
product that is manufactured after the date that is 5 years after
publication of the final rule establishing an applicable
standard.
`(B) OTHER NEW STANDARDS- A manufacturer shall not be required to
apply new standards to a product with respect to which other new standards
have been required during the prior 6-year period.
`(5) REPORTS- The Secretary shall promptly submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate--
`(A) a progress report every 180 days on compliance with this section,
including a specific plan to remedy any failures to comply with deadlines
for action established under this section; and
`(B) all required reports to the Court or to any party to the Consent
Decree in State of New York v Bodman, Consolidated Civil Actions No. 05
Civ. 7807 and No. 05 Civ. 7808.'.
(b) Industrial Equipment- Section 342(a)(6) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by striking `(6)(A)(i)' and all that follows through the end of
subparagraph (B) and inserting the following:
`(6) AMENDED ENERGY EFFICIENCY STANDARDS-
`(i) 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, very large commercial package air
conditioning and heating equipment, packaged terminal 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.
`(ii) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-
`(I) IN GENERAL- Except as provided in subclause (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 clause (i), the
Secretary shall establish an amended uniform national standard for the
product at the minimum level specified in the amended ASHRAE/IES
Standard 90.1.
`(II) MORE STRINGENT STANDARD- Subclause (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.
`(B) RULE- If the Secretary makes a determination described in clause
(ii)(II) for a product described in clause (i), 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.
`(C) AMENDMENT OF STANDARD-
`(i) IN GENERAL- Not later than 6 years after issuance of any final
rule establishing or amending a standard, as required for a product
under this part, the Secretary shall publish--
`(I) a notice of the determination of the Secretary that standards
for the product do not need to be amended, based on the criteria
established under subparagraph (A); or
`(II) a notice of proposed rulemaking including new proposed
standards based on the criteria and procedures established under
subparagraph (B).
`(ii) NOTICE- If the Secretary publishes a notice under clause (i),
the Secretary shall--
`(I) publish a notice stating that the analysis of the Department
is publicly available; and
`(II) provide an opportunity for written comment.
`(iii) AMENDMENT OF STANDARD; NEW DETERMINATION-
`(I) AMENDMENT OF STANDARD- Not later than 2 years after a notice
is issued under clause (i)(II), the Secretary shall publish a final
rule amending the standard for the product.
`(II) NEW DETERMINATION- Not later than 3 years after a
determination under clause (i)(I), the Secretary shall make a new
determination and publication under subclause (I) or (II) of clause
(i).
`(iv) APPLICATION TO PRODUCTS- An amendment prescribed under this
subsection shall apply to products manufactured after a date that is the
later of--
`(I) the date that is 3 years after publication of the final rule
establishing a new standard; or
`(II) the date that is 6 years after the effective date of the
current standard for a covered product.
`(v) REPORTS- The Secretary shall promptly submit to the Committee
on Energy and Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a progress report every
180 days on compliance with this subparagraph, including a specific plan
to remedy any failures to comply with deadlines for action established
under this subparagraph.'.
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS, AND
HEAT PUMPS.
(a) In General- Section 325(o) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(o)) is amended by adding at the end the following:
`(6) REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS, AND HEAT
PUMPS-
`(A) IN GENERAL- In any rulemaking to establish a new or amended
standard, the Secretary may consider the establishment of separate
standards by geographic region for furnaces (except boilers), central air
conditioners, and heat pumps.
`(B) NATIONAL AND REGIONAL STANDARDS-
`(i) NATIONAL STANDARD- If the Secretary establishes a regional
standard for a product, the Secretary shall establish a base national
standard for the product.
`(ii) REGIONAL STANDARDS- If the Secretary establishes a regional
standard for a product, the Secretary may establish more restrictive
standards for the product by geographic region as follows:
`(I) For furnaces, the Secretary may establish 1 additional
standard that is applicable in a geographic region defined by the
Secretary.
`(II) For any cooling product, the Secretary may establish 1 or 2
additional standards that are applicable in 1 or 2 geographic regions
as may be defined by the Secretary.
`(C) BOUNDARIES OF GEOGRAPHIC REGIONS-
`(i) IN GENERAL- Subject to clause (ii), the boundaries of
additional geographic regions established by the Secretary under this
paragraph shall include only contiguous States.
`(ii) ALASKA AND HAWAII- The States of Alaska and Hawaii may be
included under this paragraph in a geographic region that the States are
not contiguous to.
`(iii) INDIVIDUAL STATES- Individual States shall be placed only
into a single region under this paragraph.
`(D) PREREQUISITES- In establishing additional regional standards
under this paragraph, the Secretary shall--
`(i) establish additional regional standards only if the Secretary
determines that--
`(I) the establishment of additional regional standards will
produce significant energy savings in comparison to establishing only
a single national standard; and
`(II) the additional regional standards are economically justified
under this paragraph; and
`(ii) consider the impact of the additional regional standards on
consumers, manufacturers, and other market participants, including
product distributors, dealers, contractors, and installers.
`(E) APPLICATION; EFFECTIVE DATE-
`(i) BASE NATIONAL STANDARD- Any base national standard established
for a product under this paragraph shall--
`(I) be the minimum standard for the product; and
`(II) apply to all products manufactured or imported into the
United States on and after the effective date for the
standard.
`(ii) REGIONAL STANDARDS- Any additional and more restrictive
regional standard established for a product under this paragraph shall
apply to any such product installed on or after the effective date of
the standard in States in which the Secretary has designated the
standard to apply.
`(F) CONTINUATION OF REGIONAL STANDARDS-
`(i) IN GENERAL- In any subsequent rulemaking for any product for
which a regional standard has been previously established, the Secretary
shall determine whether to continue the establishment of separate
regional standards for the product.
`(ii) REGIONAL STANDARD NO LONGER APPROPRIATE- Except as provided in
clause (iii), if the Secretary determines that regional standards are no
longer appropriate for a product, beginning on the effective date of the
amended standard for the product--
`(I) there shall be 1 base national standard for the product with
Federal enforcement; and
`(II) State authority for enforcing a regional standard for the
product shall terminate.
`(iii) REGIONAL STANDARD APPROPRIATE BUT STANDARD OR REGION
CHANGED-
`(I) STATE NO LONGER CONTAINED IN REGION- Subject to subclause
(III), if a State is no longer contained in a region in which a
regional standard that is more stringent than the base national
standard applies, the authority of the State to enforce the regional
standard shall terminate.
`(II) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL
STANDARD EQUALS BASE NATIONAL STANDARD- If the Secretary revises a
base national standard for a product or the geographic definition of a
region so that an existing regional standard for a State is equal to
the revised base national standard--
`(aa) the authority of the State to enforce the regional standard
shall terminate on the effective date of the revised base national standard;
and
`(bb) the State shall be subject to the revised base national
standard.
`(III) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL
STANDARD EQUALS BASE NATIONAL STANDARD- If the Secretary revises a
base national standard for a product or the geographic definition of a
region so that the standard for a State is lower than the previously
approved regional standard, the State may continue to enforce the
previously approved standard level.
`(iv) WAIVER OF FEDERAL PREEMPTION- Nothing in this paragraph
diminishes the authority of a State to enforce a State regulation for
which a waiver of Federal preemption has been granted under section
327(d).
`(i) BASE NATIONAL STANDARD-
`(I) IN GENERAL- The Secretary shall enforce any base national
standard.
`(II) TRADE ASSOCIATION CERTIFICATION PROGRAMS- In enforcing the
base national standard, the Secretary shall use, to the maximum extent
practicable, national standard nationally recognized certification
programs of trade associations.
`(ii) REGIONAL STANDARDS-
`(I) ENFORCEMENT PLAN- Not later than 90 days after the date of
the issuance of a final rule that establishes a regional standard, the
Secretary shall initiate a rulemaking to develop and implement an
effective enforcement plan for regional standards for the products
that are covered by the final rule.
`(II) RESPONSIBLE ENTITIES- Any rules regarding enforcement of a
regional standard shall clearly specify which entities are legally
responsible for compliance with the standards and for making any
required information or labeling disclosures.
`(III) FINAL RULE- Not later than 15 months after the date of the
issuance of a final rule that establishes a regional standard for a
product, the Secretary shall promulgate a final rule covering
enforcement of regional standards for the product.
`(IV) INCORPORATION BY STATES AND LOCALITIES- A State or locality
may incorporate any Federal regional standard into State or local
building codes or State appliance standards.
`(V) STATE ENFORCEMENT- A State agency may seek enforcement of a
Federal regional standard in a Federal court of competent
jurisdiction.
`(H) INFORMATION DISCLOSURE-
`(i) IN GENERAL- Not later than 90 days after the date of the
publication of a final rule that establishes a regional standard for a
product, the Federal Trade Commission shall undertake a rulemaking to
determine the appropriate 1 or more methods for disclosing information
so that consumers, distributors, contractors, and installers can easily
determine whether a specific piece of equipment that is installed in a
specific building is in conformance with the regional standard that
applies to the building.
`(ii) METHODS- A method of disclosing information under clause (i)
may include--
`(I) modifications to the Energy Guide label; or
`(II) other methods that make it easy for consumers and installers
to use and understand at the point of installation.
`(iii) COMPLETION OF RULEMAKING- The rulemaking shall be completed
not later 15 months after the date of the publication of a final rule
that establishes a regional standard for a product.'.
(b) Prohibited Acts- Section 332(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking `or' after the semicolon at the
end;
(2) in paragraph (5), by striking `part.' and inserting `part, except to
the extent that the new covered product is covered by a regional standard
that is more stringent than the base national standard; or'; and
(3) by adding at the end the following:
`(6) for any manufacturer or private labeler to knowingly sell a product
to a distributor, contractor, or dealer with knowledge that the entity
routinely violates any regional standard applicable to the product.'.
(c) Consideration of Prices and Operating Patterns- Section 342(a)(6)(B)
of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended
by adding at the end the following:
`(iii) CONSIDERATION OF PRICES AND OPERATING PATTERNS- If the
Secretary is considering revised standards for air-cooled 3-phase
central air conditioners and central air conditioning heat pumps with
less 65,000 Btu per hour (cooling capacity), the Secretary shall use
commercial energy prices and operating patterns in all analyses
conducted by the Secretary.'.
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.
Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C.
6925(p)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively.
SEC. 308. EXPEDITED RULEMAKINGS.
(a) Procedure for Prescribing New or Amended Standards- Section 325(p) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(p)) (as amended by
section 307) is amended by adding at the end the following:
`(A) IN GENERAL- On receipt of a statement that is submitted jointly
by interested persons that are fairly representative of relevant points of
view (including representatives of manufacturers of covered products,
States, and efficiency advocates), as determined by the Secretary, and
contains recommendations with respect to an energy or water conservation
standard--
`(i) if the Secretary determines that the recommended standard
contained in the statement is in accordance with subsection (o) or
section 342(a)(6)(B), as applicable, the Secretary may issue a final
rule that establishes an energy or water conservation standard and is
published simultaneously with a notice of proposed rulemaking that
proposes a new or amended energy or water conservation standard that is
identical to the standard established in the final rule to establish the
recommended standard (referred to in this paragraph as a `direct final
rule'); or
`(ii) if the Secretary determines that a direct final rule cannot be
issued based on the statement, the Secretary shall publish a notice of
the determination, together with an explanation of the reasons for the
determination.
`(B) PUBLIC COMMENT- The Secretary shall solicit public comment for a
period of at least 110 days with respect to each direct final rule issued
by the Secretary under subparagraph (A)(i).
`(C) WITHDRAWAL OF DIRECT FINAL RULES-
`(i) IN GENERAL- Not later than 120 days after the date on which a
direct final rule issued under subparagraph (A)(i) is published in the
Federal Register, the Secretary shall withdraw the direct final rule
if--
`(I) the Secretary receives 1 or more adverse public comments
relating to the direct final rule under subparagraph (B)(i) or any
alternative joint recommendation; and
`(II) based on the rulemaking record relating to the direct final
rule, the Secretary determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule under subsection (o), section
342(a)(6)(B), or any other applicable law.
`(ii) ACTION ON WITHDRAWAL- On withdrawal of a direct final rule
under clause (i), the Secretary shall--
`(I) proceed with the notice of proposed rulemaking published
simultaneously with the direct final rule as described in subparagraph
(A)(i); and
`(II) publish in the Federal Register the reasons why the direct
final rule was withdrawn.
`(iii) TREATMENT OF WITHDRAWN DIRECT FINAL RULES- A direct final
rule that is withdrawn under clause (i) shall not be considered to be a
final rule for purposes of subsection (o).
`(D) EFFECT OF PARAGRAPH- Nothing in this paragraph authorizes the
Secretary to issue a direct final rule based solely on receipt of more
than 1 statement containing recommended standards relating to the direct
final rule.'.
(b) Conforming Amendment- Section 345(b)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first sentence by
inserting `section 325(p)(5),' after `The provisions of'.
SEC. 309. BATTERY CHARGERS.
Section 325(u)(1)(E) of the Energy Policy and Conservation Act (42 U.S.C.
6295(u)(1)(E)) is amended--
(1) by striking `(E)(i) Not' and inserting the following:
`(E) EXTERNAL POWER SUPPLIES AND BATTERY CHARGERS-
`(i) ENERGY CONSERVATION STANDARDS-
`(I) EXTERNAL POWER SUPPLIES- Not';
(2) by striking `3 years' and inserting `2 years';
(3) by striking `battery chargers and' each place it appears; and
(4) by adding at the end the following:
`(II) BATTERY CHARGERS- Not later than July 1, 2011, the Secretary
shall issue a final rule that prescribes energy conservation standards
for battery chargers or classes of battery chargers or determine that
no energy conservation standard is technically feasible and
economically justified.'.
SEC. 310. STANDBY MODE.
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended--
(A) by striking paragraphs (2), (3), and (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs (2) and (3),
respectively;
(2) by redesignating subsection (gg) as subsection (hh);
(3) by inserting after subsection (ff) the following:
`(gg) Standby Mode Energy Use-
`(A) IN GENERAL- Unless the Secretary determines otherwise pursuant to
subparagraph (B), in this subsection:
`(i) ACTIVE MODE- The term `active mode' means the condition in
which an energy-using product--
`(I) is connected to a main power source;
`(II) has been activated; and
`(III) provides 1 or more main functions.
`(ii) OFF MODE- The term `off mode' means the condition in which an
energy-using product--
`(I) is connected to a main power source; and
`(II) is not providing any standby or active mode
function.
`(iii) STANDBY MODE- The term `standby mode' means the condition in
which an energy-using product--
`(I) is connected to a main power source; and
`(II) offers 1 or more of the following user-oriented or
protective functions:
`(aa) To facilitate the activation or deactivation of other functions
(including active mode) by remote switch (including remote control), internal
sensor, or timer.
`(bb) Continuous functions, including information or status displays
(including clocks) or sensor-based functions.
`(B) AMENDED DEFINITIONS- The Secretary may, by rule, amend the
definitions under subparagraph (A), taking into consideration the most
current versions of Standards 62301 and 62087 of the International
Electrotechnical Commission.
`(A) IN GENERAL- Test procedures for all covered products shall be
amended pursuant to section 323 to include standby mode and off mode
energy consumption, taking into consideration the most current versions of
Standards 62301 and 62087 of the International Electrotechnical
Commission, with such energy consumption integrated into the overall
energy efficiency, energy consumption, or other energy descriptor for each
covered product, unless the Secretary determines that--
`(i) the current test procedures for a covered product already fully
account for and incorporate the standby mode and off mode energy
consumption of the covered product; or
`(ii) such an integrated test procedure is technically infeasible
for a particular covered product, in which case the Secretary shall
prescribe a separate standby mode and off mode energy use test procedure
for the covered product, if technically feasible.
`(B) DEADLINES- The test procedure amendments required by subparagraph
(A) shall be prescribed in a final rule no later than the following
dates:
`(i) December 31, 2008, for battery chargers and external power
supplies.
`(ii) March 31, 2009, for clothes dryers, room air conditioners, and
fluorescent lamp ballasts.
`(iii) June 30, 2009, for residential clothes washers.
`(iv) September 30, 2009, for residential furnaces and
boilers.
`(v) March 31, 2010, for residential water heaters, direct heating
equipment, and pool heaters.
`(vi) March 31, 2011, for residential dishwashers, ranges and ovens,
microwave ovens, and dehumidifiers.
`(C) PRIOR PRODUCT STANDARDS- The test procedure amendments adopted
pursuant to subparagraph (B) shall not be used to determine compliance
with product standards established prior to the adoption of the amended
test procedures.
`(3) INCORPORATION INTO STANDARD-
`(A) IN GENERAL- Subject to subparagraph (B), based on the test
procedures required under paragraph (2), any final rule establishing or
revising a standard for a covered product, adopted after July 1, 2010,
shall incorporate standby mode and off mode energy use into a single
amended or new standard, pursuant to subsection (o), if feasible.
`(B) SEPARATE STANDARDS- If not feasible, the Secretary shall
prescribe within the final rule a separate standard for standby mode and
off mode energy consumption, if justified under subsection (o).';
and
(4) in paragraph (2) of subsection (hh) (as redesignated by paragraph
(2)), by striking `(ff)' each place it appears and inserting `(gg)'.
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.
(1) DEHUMIDIFIERS- Section 325(cc) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(cc)) is amended 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.'.
------------------------------------------------------------------------------------
(2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISHWASHERS- Section
325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is
amended by adding at the end the following:
`(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1,
2011-
`(A) IN GENERAL- A top-loading or front-loading standard-size
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.
`(B) AMENDMENT OF STANDARDS-
`(i) IN GENERAL- Not later than December 31, 2011, the Secretary
shall publish a final rule determining whether to amend the standards in
effect for clothes washers manufactured on or after January 1,
2015.
`(ii) AMENDED STANDARDS- The final rule shall contain any amended
standards.
`(10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1,
2010-
`(A) IN GENERAL- A dishwasher manufactured on or after January 1,
2010, shall--
`(i) for a standard size dishwasher not exceed 355 kWh/year and 6.5
gallons per cycle; and
`(ii) for a compact size dishwasher not exceed 260 kWh/year and 4.5
gallons per cycle.
`(B) AMENDMENT OF STANDARDS-
`(i) IN GENERAL- 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.
`(ii) AMENDED STANDARDS- The final rule shall contain any amended
standards.'.
(3) REFRIGERATORS 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 AND FREEZERS MANUFACTURED ON OR AFTER JANUARY 1,
2014-
`(A) IN GENERAL- 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.
`(B) AMENDED STANDARDS- The final rule shall contain any amended
standards.'.
(b) Energy Star- Section 324A(d)(2) of the Energy Policy and Conservation
Act (42 U.S.C. 6294a(d)(2)) is amended by striking `January 1, 2010' and
inserting `July 1, 2009'.
SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.
(a) Definitions- Section 340 of the Energy Policy and Conservation Act (42
U.S.C. 6311) is amended--
(A) by redesignating subparagraphs (G) through (K) as subparagraphs
(H) through (L), respectively; and
(B) by inserting after subparagraph (F) the following:
`(G) Walk-in coolers and walk-in freezers.';
(2) by redesignating paragraphs (20) and (21) as paragraphs (21) and
(22), respectively; and
(3) by inserting after paragraph (19) the following:
`(20) WALK-IN COOLER; WALK-IN FREEZER-
`(A) IN GENERAL- The terms `walk-in cooler' and `walk-in freezer' mean
an enclosed storage space refrigerated to temperatures, respectively,
above, and at or below 32 degrees Fahrenheit that can be walked into, and
has a total chilled storage area of less than 3,000 square feet.
`(B) EXCLUSION- The terms `walk-in cooler' and `walk-in freezer' do
not include products designed and marketed exclusively for medical,
scientific, or research purposes.'.
(b) Standards- Section 342 of the Energy Policy and Conservation Act (42
U.S.C. 6313) is amended by adding at the end the following:
`(f) Walk-In Coolers and Walk-In Freezers-
`(1) IN GENERAL- Subject to paragraphs (2) through (5), each walk-in
cooler or walk-in freezer manufactured on or after January 1, 2009,
shall--
`(A) have automatic door closers that firmly close all walk-in doors
that have been closed to within 1 inch of full closure, except that this
subparagraph shall not apply to doors wider than 3 feet 9 inches or taller
than 7 feet;
`(B) have strip doors, spring hinged doors, or other method of
minimizing infiltration when doors are open;
`(C) contain wall, ceiling, and door insulation of at least R-25 for
coolers and R-32 for freezers, except that this subparagraph shall not
apply to glazed portions of doors nor to structural members;
`(D) contain floor insulation of at least R-28 for freezers;
`(E) for evaporator fan motors of under 1 horsepower and less than 460
volts, use--
`(i) electronically commutated motors (brushless direct current
motors); or
`(F) for condenser fan motors of under 1 horsepower, use--
`(i) electronically commutated motors;
`(ii) permanent split capacitor-type motors; or
`(iii) 3-phase motors; and
`(G) for all interior lights, use light sources with an efficacy of 40
lumens per watt or more, including ballast losses (if any), except that
light sources with an efficacy of 40 lumens per watt or less, including
ballast losses (if any), may be used in conjunction with a timer or device
that turns off the lights within 15 minutes of when the walk-in cooler or
walk-in freezer is not occupied by people.
`(2) ELECTRONICALLY COMMUTATED MOTORS-
`(A) IN GENERAL- The requirements of paragraph (1)(E)(i) for
electronically commutated motors shall take effect January 1, 2009,
unless, prior to that date, the Secretary determines that such motors are
only available from 1 manufacturer.
`(B) OTHER TYPES OF MOTORS- In carrying out paragraph (1)(E)(i) and
subparagraph (A), the Secretary may allow other types of motors if the
Secretary determines that, on average, those other motors use no more
energy in evaporator fan applications than electronically commutated
motors.
`(C) MAXIMUM ENERGY CONSUMPTION LEVEL- The Secretary shall establish
the maximum energy consumption level under subparagraph (B) not later than
January 1, 2010.
`(3) ADDITIONAL SPECIFICATIONS- Each walk-in cooler or walk-in freezer
with transparent reach-in doors manufactured on or after January 1, 2009,
shall also meet the following specifications:
`(A) Transparent reach-in doors for walk-in freezers and windows in
walk-in freezer doors shall be of triple-pane glass with either
heat-reflective treated glass or gas fill.
`(B) Transparent reach-in doors for walk-in coolers and windows in
walk-in cooler doors shall be--
`(i) double-pane glass with heat-reflective treated glass and gas
fill; or
`(ii) triple-pane glass with either heat-reflective treated glass or
gas fill.
`(C) If the appliance has an antisweat heater without antisweat heat
controls, the appliance shall have a total door rail, glass, and frame
heater power draw of not more than 7.1 watts per square foot of door
opening (for freezers) and 3.0 watts per square foot of door opening (for
coolers).
`(D) If the appliance has an antisweat heater with antisweat heat
controls, and the total door rail, glass, and frame heater power draw is
more than 7.1 watts per square foot of door opening (for freezers) and 3.0
watts per square foot of door opening (for coolers), the antisweat heat
controls shall reduce the energy use of the antisweat heater in a quantity
corresponding to the relative humidity in the air outside the door or to
the condensation on the inner glass pane.
`(4) PERFORMANCE-BASED STANDARDS-
`(A) IN GENERAL- Not later than January 1, 2012, the Secretary shall
publish performance-based standards for walk-in coolers and walk-in
freezers that achieve the maximum improvement in energy that the Secretary
determines is technologically feasible and economically
justified.
`(i) IN GENERAL- Except as provided in clause (ii), the standards
shall apply to products described in subparagraph (A) that are
manufactured beginning on the date that is 3 years after the final rule
is published.
`(ii) DELAYED EFFECTIVE DATE- If the Secretary determines, by rule,
that a 3-year period is inadequate, the Secretary may establish an
effective date for products manufactured beginning on the date that is
not more than 5 years after the date of publication of a final rule for
the products.
`(5) AMENDMENT OF STANDARDS-
`(A) IN GENERAL- Not later than January 1, 2020, the Secretary shall
publish a final rule to determine if the standards established under
paragraph (4) should be amended.
`(i) IN GENERAL- Except as provided in clause (ii), the rule shall
provide that the standards shall apply to products manufactured
beginning on the date that is 3 years after the final rule is
published.
`(ii) DELAYED EFFECTIVE DATE- If the Secretary determines, by rule,
that a 3-year period is inadequate, the Secretary may establish an
effective date for products manufactured beginning on the date that is
not more than 5 years after the date of publication of a final rule for
the products.'.
(c) Test Procedures- Section 343(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6314(a)) is amended by adding at the end the following:
`(9) WALK-IN COOLERS AND WALK-IN FREEZERS-
`(A) IN GENERAL- For the purpose of test procedures for walk-in
coolers and walk-in freezers:
`(i) The R value shall be the 1/K factor multiplied by the thickness
of the panel.
`(ii) The K factor shall be based on ASTM test procedure
C518-2004.
`(iii) For calculating the R value for freezers, the K factor of the
foam at 20«F (average foam temperature) shall be used.
`(iv) For calculating the R value for coolers, the K factor of the
foam at 55«F (average foam temperature) shall be used.
`(i) IN GENERAL- Not later than January 1, 2010, the Secretary shall
establish a test procedure to measure the energy-use of walk-in coolers
and walk-in freezers.
`(ii) COMPUTER MODELING- The test procedure may be based on computer
modeling, if the computer model or models have been verified using the
results of laboratory tests on a significant sample of walk-in coolers
and walk-in freezers.'.
(d) Labeling- Section 344(e) of the Energy Policy and Conservation Act (42
U.S.C. 6315(e)) is amended by inserting `walk-in coolers and walk-in
freezers,' after `commercial clothes washers,' each place it appears.
(e) Administration, Penalties, Enforcement, and Preemption- Section 345 of
the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended--
(1) by striking `subparagraphs (B), (C), (D), (E), and (F)' each place
it appears and inserting `subparagraphs (B) through (G)'; and
(2) by adding at the end the following:
`(h) Walk-In Coolers and Walk-In Freezers-
`(A) RELATIONSHIP TO OTHER LAW-
`(i) IN GENERAL- Except as otherwise provided in this subsection,
section 327 shall apply to walk-in coolers and walk-in freezers for
which standards have been established under paragraphs (1), (2), and (3)
of section 342(f) to the same extent and in the same manner as the
section applies under part A on the date of enactment of this
subsection.
`(ii) STATE STANDARDS- Any State standard prescribed before the date
of enactment of this subsection shall not be preempted until the
standards established under paragraphs (1) and (2) of section 342(f)
take effect.
`(B) ADMINISTRATION- In applying section 327 to equipment under
subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall
apply.
`(2) FINAL RULE NOT TIMELY-
`(A) IN GENERAL- If the Secretary does not issue a final rule for a
specific type of walk-in cooler or walk-in freezer within the timeframe
established under paragraph (4) or (5) of section 342(f), subsections (b)
and (c) of section 327 shall no longer apply to the specific type of
walk-in cooler or walk-in freezer during the period--
`(i) beginning on the day after the scheduled date for a final rule;
and
`(ii) ending on the date on which the Secretary publishes a final
rule covering the specific type of walk-in cooler or walk-in
freezer.
`(B) STATE STANDARDS- Any State standard issued before the publication
of the final rule shall not be preempted until the standards established
in the final rule take effect.
`(3) CALIFORNIA- Any standard issued in the State of California before
January 1, 2011, under title 20 of the California Code of Regulations, that
refers to walk-in coolers and walk-in freezers, for which standards have
been established under paragraphs (1), (2), and (3) of section 342(f), shall
not be preempted until the standards established under section 342(f)(3)
take effect.'.
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions- Section 340(13) of the Energy Policy and Conservation Act
(42 U.S.C. 6311(13)) is amended--
(1) by redesignating subparagraphs (B) through (H) as subparagraphs (C)
through (I), respectively; and
(2) by striking `(13)(A)' and all that follows through the end of
subparagraph (A) and inserting the following:
`(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I)- The term `general
purpose electric motor (subtype I)' means any motor that meets the
definition of `General Purpose' as established in the final rule issued by
the Department of Energy entitled `Energy Efficiency Program for Certain
Commercial and Industrial Equipment: Test Procedures, Labeling, and
Certification Requirements for Electric Motors' (10 CFR 431), as in effect
on the date of enactment of the Energy Independence and Security Act of
2007.
`(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II)- The term `general
purpose electric motor (subtype II)' means motors incorporating the design
elements of a general purpose electric motor (subtype I) that are
configured as 1 of the following:
`(iii) A close-coupled pump motor.
`(v) A vertical solid shaft normal thrust motor (as tested in a
horizontal configuration).
`(vi) An 8-pole motor (900 rpm).
`(vii) A poly-phase motor with voltage of not more than 600 volts
(other than 230 or 460 volts.'.
(1) AMENDMENTS- Section 342(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(b)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4),
respectively; and
(B) by inserting after paragraph (1) the following:
`(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I)- Except as provided
in subparagraph (B), each general purpose electric motor (subtype I) with
a power rating of 1 horsepower or greater, but not greater 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
the Energy Independence and Security Act of 2007, shall have a nominal
full load efficiency that is not less than as defined in NEMA MG-1 (2006)
Table 12-12.
`(B) FIRE PUMP MOTORS- Each fire pump motor manufactured (alone or as
a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of the Energy Independence and Security
Act of 2007 shall have nominal full load efficiency that is not less than
as defined in NEMA MG-1 (2006) Table 12-11.
`(C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE II)- Each general
purpose electric motor (subtype II) with a power rating of 1 horsepower or
greater, but not greater 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 the Energy Independence and Security Act of
2007, shall have a nominal full load efficiency that is not less than as
defined in NEMA MG-1 (2006) Table 12-11.
`(D) NEMA DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS- Each NEMA Design
B, general purpose electric motor with a power rating of more than 200
horsepower, but not greater than 500 horsepower, manufactured (alone or as
a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of the Energy Independence and Security
Act of 2007, shall have a nominal full load efficiency that is not less
than as defined in NEMA MG-1 (2006) Table 12-11.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) take effect on
the date that is 3 years after the date of enactment of this Act.
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND HEAT
PUMPS.
(a) Definitions- Section 340 of the Energy Policy and Conservation Act (42
U.S.C. 6311) is amended by adding at the end the following:
`(22) SINGLE PACKAGE VERTICAL AIR CONDITIONER- The term `single package
vertical air conditioner' means air-cooled commercial package air
conditioning and heating equipment that--
`(A) is factory-assembled as a single package that--
`(i) has major components that are arranged vertically;
`(ii) is an encased combination of cooling and optional heating
components; and
`(iii) is intended for exterior mounting on, adjacent interior to,
or through an outside wall;
`(B) is powered by a single- or 3-phase current;
`(C) may contain 1 or more separate indoor grilles, outdoor louvers,
various ventilation options, indoor free air discharges, ductwork, well
plenum, or sleeves; and
`(D) has heating components that may include electrical resistance,
steam, hot water, or gas, but may not include reverse cycle refrigeration
as a heating means.
`(23) SINGLE PACKAGE VERTICAL HEAT PUMP- The term `single package
vertical heat pump' means a single package vertical air conditioner
that--
`(A) uses reverse cycle refrigeration as its primary heat source;
and
`(B) may include secondary supplemental heating by means of electrical
resistance, steam, hot water, or gas.'.
(b) Standards- Section 342(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(a)) is amended--
(1) in the first sentence of each of paragraphs (1) and (2), by
inserting `(including single package vertical air conditioners and single
package vertical heat pumps)' after `heating equipment' each place it
appears;
(2) in paragraph (1), by striking `but before January 1, 2010,';
(3) in the first sentence of each of paragraphs (7), (8), and (9), by
inserting `(other than single package vertical air conditioners and single
package vertical heat pumps)' after `heating equipment' each place it
appears;
(A) by striking `manufactured on or after January 1, 2010,';
(B) in each of subparagraphs (A), (B), and (C), by striking `The' and
inserting `For equipment manufactured on or after January 1, 2010, the';
and
(C) by adding at the end the following:
`(D) For equipment manufactured on or after the later of January 1,
2008, or the date that is 180 days after the date of enactment of the Energy
Independence and Security Act of 2007--
`(i) the minimum seasonal energy efficiency ratio of air-cooled
3-phase electric central air conditioners and central air conditioning
heat pumps less than 65,000 Btu per hour (cooling capacity), split
systems, shall be 13.0;
`(ii) the minimum seasonal energy efficiency ratio of air-cooled
3-phase electric central air conditioners and central air conditioning
heat pumps less than 65,000 Btu per hour (cooling capacity), single
package, shall be 13.0;
`(iii) the minimum heating seasonal performance factor of air-cooled
3-phase electric central air conditioning heat pumps less than 65,000 Btu
per hour (cooling capacity), split systems, shall be 7.7; and
`(iv) the minimum heating seasonal performance factor of air-cooled
3-phase electric central air conditioning heat pumps less than 65,000 Btu
per hour (cooling capacity), single package, shall be 7.7.'; and
(5) by adding at the end the following:
`(10) SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND SINGLE PACKAGE
VERTICAL HEAT PUMPS-
`(A) IN GENERAL- Single package vertical air conditioners and single
package vertical heat pumps manufactured on or after January 1, 2010,
shall meet the following standards:
`(i) The minimum energy efficiency ratio of single package vertical
air conditioners less than 65,000 Btu per hour (cooling capacity),
single-phase, shall be 9.0.
`(ii) The minimum energy efficiency ratio of single package vertical
air conditioners less than 65,000 Btu per hour (cooling capacity),
3-phase, shall be 9.0.
`(iii) The minimum energy efficiency ratio of single package
vertical air conditioners at or above 65,000 Btu per hour (cooling
capacity) but less than 135,000 Btu per hour (cooling capacity), shall
be 8.9.
`(iv) The minimum energy efficiency ratio of single package vertical
air conditioners at or above 135,000 Btu per hour (cooling capacity) but
less than 240,000 Btu per hour (cooling capacity), shall be
8.6.
`(v) The minimum energy efficiency ratio of single package vertical
heat pumps less than 65,000 Btu per hour (cooling capacity),
single-phase, shall be 9.0 and the minimum coefficient of performance in
the heating mode shall be 3.0.
`(vi) The minimum energy efficiency ratio of single package vertical
heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase,
shall be 9.0 and the minimum coefficient of performance in the heating
mode shall be 3.0.
`(vii) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 65,000 Btu per hour (cooling capacity)
but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and
the minimum coefficient of performance in the heating mode shall be
3.0.
`(viii) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 135,000 Btu per hour (cooling capacity)
but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and
the minimum coefficient of performance in the heating mode shall be
2.9.
`(B) REVIEW- Not later than 3 years after the date of enactment of
this paragraph, the Secretary shall review the most recently published
ASHRAE/IES Standard 90.1 with respect to single package vertical air
conditioners and single package vertical heat pumps in accordance with the
procedures established under paragraph (6).'.
SEC. 315. 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. 316. TECHNICAL CORRECTIONS.
(a) Definition of F96T12 Lamp-
(1) IN GENERAL- Section 135(a)(1)(A)(ii) of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 624) is amended by striking `C78.1-1978
(R1984)' and inserting `C78.3-1978 (R1984)'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on
August 8, 2005.
(b) 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'.
(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 301(a)(2)) is amended--
(A) by striking paragraphs (46) through (48) and inserting the
following:
`(46) HIGH INTENSITY DISCHARGE LAMP-
`(A) IN GENERAL- The term `high intensity discharge lamp' means an
electric-discharge lamp in which--
`(i) the light-producing arc is stabilized by the arc tube wall
temperature; and
`(ii) the arc tube wall loading is in excess of 3 Watts/cm 2
.
`(B) INCLUSIONS- The term `high intensity discharge lamp' includes
mercury vapor, metal halide, and high-pressure sodium lamps described in
subparagraph (A).
`(47) MERCURY VAPOR LAMP-
`(A) IN GENERAL- The term `mercury vapor lamp' means a high intensity
discharge lamp in which the major portion of the light is produced by
radiation from mercury typically operating at a partial vapor pressure in
excess of 100,000 Pa (approximately 1 atm).
`(B) INCLUSIONS- The term `mercury vapor lamp' includes clear,
phosphor-coated, and self-ballasted screw base lamps described in
subparagraph (A).
`(48) MERCURY VAPOR LAMP BALLAST- The term `mercury vapor lamp ballast'
means a device that is designed and marketed to start and operate mercury
vapor lamps intended for general illumination by providing the necessary
voltage and current.'; and
(B) by adding at the end the following:
`(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BALLAST- The term
`specialty application mercury vapor lamp ballast' means a mercury vapor
lamp ballast that--
`(A) is designed and marketed for operation of mercury vapor lamps
used in quality inspection, industrial processing, or scientific use,
including fluorescent microscopy and ultraviolet curing; and
`(B) in the case of a specialty application mercury vapor lamp
ballast, the label of which--
`(i) provides that the specialty application mercury vapor lamp
ballast is `For specialty applications only, not for general
illumination'; and
`(ii) specifies the specific applications for which the ballast is
designed.'.
(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'.
(d) Energy Conservation Standards- Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended--
(A) in the subsection heading, by striking `Ceiling Fans
and';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively; and
(A) in paragraph (1)(A)--
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause (iii); and
(iii) in clause (iii)(II) (as so redesignated), by inserting `fans
sold for' before `outdoor'; and
(B) in paragraph (4)(C)--
(i) in the matter preceding clause (i), by striking `subparagraph
(B)' and inserting `subparagraph (A)'; and
(ii) by striking clause (ii) and inserting the
following:
`(ii) shall be packaged with lamps to fill all sockets.';
(C) in paragraph (6), by redesignating subparagraphs (C) and (D) as
clauses (i) and (ii), respectively, of subparagraph (B); and
(D) in paragraph (7), by striking `327' the second place it appears
and inserting `324'.
Subtitle B--Lighting Energy Efficiency
SEC. 321. EFFICIENT LIGHT BULBS.
(a) Energy Efficiency Standards for General Service Incandescent Lamps-
(1) DEFINITION OF GENERAL SERVICE INCANDESCENT LAMP- Section 321(30) of
the Energy Policy and Conservation Act (42 U.S.C. 6291(30)) is
amended--
(A) by striking subparagraph (D) and inserting the following:
`(D) GENERAL SERVICE INCANDESCENT LAMP-
`(i) IN GENERAL- The term `general service incandescent lamp' means
a standard incandescent or halogen type lamp that--
`(I) is intended for general service applications;
`(II) has a medium screw base;
`(III) has a lumen range of not less than 310 lumens and not more
than 2,600 lumens; and
`(IV) is capable of being operated at a voltage range at least
partially within 110 and 130 volts.
`(ii) EXCLUSIONS- The term `general service incandescent lamp' does
not include the following incandescent lamps:
`(II) A black light lamp.
`(VI) A left-hand thread lamp.
`(VIII) A marine signal service lamp.
`(IX) A mine service lamp.
`(XII) A rough service lamp.
`(XIII) A shatter-resistant lamp (including a shatter-proof lamp
and a shatter-protected lamp).
`(XIV) A sign service lamp.
`(XV) A silver bowl lamp.
`(XVII) A 3-way incandescent lamp.
`(XVIII) A traffic signal lamp.
`(XIX) A vibration service lamp.
`(XX) A G shape lamp (as defined in ANSI C78.20-2003 and
C79.1-2002 with a diameter of 5 inches or more.
`(XXI) A T shape lamp (as defined in ANSI C78.20-2003 and
C79.1-2002) and that uses not more than 40 watts or has a length of
more than 10 inches.
`(XXII) A B, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamp (as
defined in ANSI C79.1-2002 and ANSI C78.20-2003) of 40 watts or
less.'; and
(B) by adding at the end the following:
`(T) APPLIANCE LAMP- The term `appliance lamp' means any lamp
that--
`(i) is specifically designed to operate in a household appliance,
has a maximum wattage of 40 watts, and is sold at retail, including an
oven lamp, refrigerator lamp, and vacuum cleaner lamp; and
`(ii) is designated and marketed for the intended application,
with--
`(I) the designation on the lamp packaging; and
`(II) marketing materials that identify the lamp as being for
appliance use.
`(U) CANDELABRA BASE INCANDESCENT LAMP- The term `candelabra base
incandescent lamp' means a lamp that uses candelabra screw base as
described in ANSI C81.61-2006, Specifications for Electric Bases, common
designations E11 and E12.
`(V) INTERMEDIATE BASE INCANDESCENT LAMP- The term `intermediate base
incandescent lamp' means a lamp that uses an intermediate screw base as
described in ANSI C81.61-2006, Specifications for Electric Bases, common
designation E17.
`(W) MODIFIED SPECTRUM- The term `modified spectrum' means, with
respect to an incandescent lamp, an incandescent lamp that--
`(i) is not a colored incandescent lamp; and
`(ii) when operated at the rated voltage and wattage of the
incandescent lamp--
`(I) has a color point with (x,y) chromaticity coordinates on the
Commission Internationale de l'Eclairage (C.I.E.) 1931 chromaticity
diagram that lies below the black-body locus; and
`(II) has a color point with (x,y) chromaticity coordinates on the
C.I.E. 1931 chromaticity diagram that lies at least 4 MacAdam steps
(as referenced in IESNA LM16) distant from the color point of a clear
lamp with the same filament and bulb shape, operated at the same rated
voltage and wattage.
`(X) ROUGH SERVICE LAMP- The term `rough service lamp' means a lamp
that--
`(i) has a minimum of 5 supports with filament configurations that
are C-7A, C-11, C-17, and C-22 as listed in Figure 6-12 of the 9th
edition of the IESNA Lighting handbook, or similar configurations where
lead wires are not counted as supports; and
`(ii) is designated and marketed specifically for `rough service'
applications, with--
`(I) the designation appearing on the lamp packaging;
and
`(II) marketing materials that identify the lamp as being for
rough service.
`(Y) 3-way incandescent lamp- The term `3-way incandescent lamp'
includes an incandescent lamp that--
`(i) employs 2 filaments, operated separately and in combination, to
provide 3 light levels; and
`(ii) is designated on the lamp packaging and marketing materials as
being a 3-way incandescent lamp.
`(Z) SHATTER-RESISTANT LAMP, SHATTER-PROOF LAMP, OR SHATTER-PROTECTED
LAMP- The terms `shatter-resistant lamp', `shatter-proof lamp', and
`shatter-protected lamp' mean a lamp that--
`(i) has a coating or equivalent technology that is compliant with
NSF/ANSI 51 and is designed to contain the glass if the glass envelope
of the lamp is broken; and
`(ii) is designated and marketed for the intended application,
with--
`(I) the designation on the lamp packaging; and
`(II) marketing materials that identify the lamp as being
shatter-resistant, shatter-proof, or shatter-protected.
`(AA) VIBRATION SERVICE LAMP- The term `vibration service lamp' means
a lamp that--
`(i) has filament configurations that are C-5, C-7A, or C-9, as
listed in Figure 6-12 of the 9th Edition of the IESNA Lighting Handbook
or similar configurations;
`(ii) has a maximum wattage of 60 watts;
`(iii) is sold at retail in packages of 2 lamps or less;
and
`(iv) is designated and marketed specifically for vibration service
or vibration-resistant applications, with--
`(I) the designation appearing on the lamp packaging;
and
`(II) marketing materials that identify the lamp as being
vibration service only.
`(BB) GENERAL SERVICE LAMP-
`(i) IN GENERAL- The term `general service lamp'
includes--
`(I) general service incandescent lamps;
`(II) compact fluorescent lamps;
`(III) general service light-emitting diode (LED or OLED) lamps;
and
`(IV) any other lamps that the Secretary determines are used to
satisfy lighting applications traditionally served by general service
incandescent lamps.
`(ii) EXCLUSIONS- The term `general service lamp' does not
include--
`(I) any lighting application or bulb shape described in any of
subclauses (I) through (XXII) of subparagraph (D)(ii);
or
`(II) any general service fluorescent lamp or incandescent
reflector lamp.
`(CC) LIGHT-EMITTING DIODE; LED-
`(i) IN GENERAL- The terms `light-emitting diode' and `LED' means a
p-n junction solid state device the radiated output of which is a
function of the physical construction, material used, and exciting
current of the device.
`(ii) OUTPUT- The output of a light-emitting diode may be
in--
`(I) the infrared region;
`(II) the visible region; or
`(III) the ultraviolet region.
`(DD) ORGANIC LIGHT-EMITTING DIODE; OLED- The terms `organic
light-emitting diode' and `OLED' mean a thin-film light-emitting device
that typically consists of a series of organic layers between 2 electrical
contacts (electrodes).
`(EE) COLORED INCANDESCENT LAMP- The term `colored incandescent lamp'
means an incandescent lamp designated and marketed as a colored lamp that
has--
`(i) a color rendering index of less than 50, as determined
according to the test method given in C.I.E. publication 13.3-1995;
or
`(ii) a correlated color temperature of less than 2,500K, or greater
than 4,600K, where correlated temperature is computed according to the
Journal of Optical Society of America, Vol. 58, pages 1528-1595
(1986).'.
(2) COVERAGE- Section 322(a)(14) of the Energy Policy and Conservation
Act (42 U.S.C. 6292(a)(14)) is amended by inserting `, general service
incandescent lamps,' after `fluorescent lamps'.
(3) ENERGY CONSERVATION STANDARDS- Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended--
(i) in the section heading, by inserting `, General Service
Incandescent Lamps, Intermediate Base Incandescent Lamps, Candelabra
Base Incandescent Lamps,' after `Fluorescent Lamps';
(I) in subparagraph (A)--
(aa) by inserting `, general service incandescent lamps, intermediate
base incandescent lamps, candelabra base incandescent lamps,' after `fluorescent
lamps';
(bb) by inserting `, new maximum wattage,' after `lamp efficacy';
and
(cc) by inserting after the table entitled `INCANDESCENT REFLECTOR
LAMPS' the following:
`GENERAL SERVICE INCANDESCENT LAMPS
-----------------------------------------------------------------------------
Rated Lumen Ranges Maximum Rate Wattage Minimum Rate Lifetime Effective Date
-----------------------------------------------------------------------------
1490-2600 72 1,000 hrs 1/1/2012
1050-1489 53 1,000 hrs 1/1/2013
750-1049 43 1,000 hrs 1/1/2014
310-749 29 1,000 hrs 1/1/2014
-----------------------------------------------------------------------------
`MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
-----------------------------------------------------------------------------
Rated Lumen Ranges Maximum Rate Wattage Minimum Rate Lifetime Effective Date
-----------------------------------------------------------------------------
1118-1950 72 1,000 hrs 1/1/2012
788-1117 53 1,000 hrs 1/1/2013
563-787 43 1,000 hrs 1/1/2014
232-562 29 1,000 hrs 1/1/2014';
-----------------------------------------------------------------------------
(II) by striking subparagraph (B) and inserting the
following:
`(i) APPLICATION CRITERIA- This subparagraph applies to each lamp
that--
`(I) is intended for a general service or general illumination
application (whether incandescent or not);
`(II) has a medium screw base or any other screw base not defined
in ANSI C81.61-2006;
`(III) is capable of being operated at a voltage at least
partially within the range of 110 to 130 volts; and
`(IV) is manufactured or imported after December 31,
2011.
`(ii) REQUIREMENT- For purposes of this paragraph, each lamp
described in clause (i) shall have a color rendering index that is
greater than or equal to--
`(I) 80 for nonmodified spectrum lamps; or
`(II) 75 for modified spectrum lamps.
`(C) CANDELABRA INCANDESCENT LAMPS AND INTERMEDIATE BASE INCANDESCENT
LAMPS-
`(i) CANDELABRA BASE INCANDESCENT LAMPS- A candelabra base
incandescent lamp shall not exceed 60 rated watts.
`(ii) INTERMEDIATE BASE INCANDESCENT LAMPS- An intermediate base
incandescent lamp shall not exceed 40 rated watts.
`(i) PETITION- Any person may petition the Secretary for an
exemption for a type of general service lamp from the requirements of
this subsection.
`(ii) CRITERIA- The Secretary may grant an exemption under clause
(i) only to the extent that the Secretary finds, after a hearing and
opportunity for public comment, that it is not technically feasible to
serve a specialized lighting application (such as a military, medical,
public safety, or certified historic lighting application) using a lamp
that meets the requirements of this subsection.
`(iii) ADDITIONAL CRITERION- To grant an exemption for a product
under this subparagraph, the Secretary shall include, as an additional
criterion, that the exempted product is unlikely to be used in a general
service lighting application.
`(E) EXTENSION OF COVERAGE-
`(i) PETITION- Any person may petition the Secretary to establish
standards for lamp shapes or bases that are excluded from the definition
of general service lamps.
`(ii) INCREASED SALES OF EXEMPTED LAMPS- The petition shall include
evidence that the availability or sales of exempted incandescent lamps
have increased significantly since the date on which the standards on
general service incandescent lamps were established.
`(iii) CRITERIA- The Secretary shall grant a petition under clause
(i) if the Secretary finds that--
`(I) the petition presents evidence that demonstrates that
commercial availability or sales of exempted incandescent lamp types
have increased significantly since the standards on general service
lamps were established and likely are being widely used in general
lighting applications; and
`(II) significant energy savings could be achieved by covering
exempted products, as determined by the Secretary based on sales data
provided to the Secretary from manufacturers and
importers.
`(iv) NO PRESUMPTION- The grant of a petition under this
subparagraph shall create no presumption with respect to the
determination of the Secretary with respect to any criteria under a
rulemaking conducted under this section.
`(v) EXPEDITED PROCEEDING- If the Secretary grants a petition for a
lamp shape or base under this subparagraph, the Secretary
shall--
`(I) conduct a rulemaking to determine standards for the exempted
lamp shape or base; and
`(II) complete the rulemaking not later than 18 months after the
date on which notice is provided granting the petition.
`(F) DEFINITION OF EFFECTIVE DATE- In this paragraph, except as
otherwise provided in a table contained in subparagraph (A), the term
`effective date' means the last day of the month specified in the table
that follows October 24, 1992.';
(iii) in paragraph (5), in the first sentence, by striking `and
general service incandescent lamps';
(iv) by redesignating paragraphs (6) and (7) as paragraphs (7) and
(8), respectively; and
(v) by inserting after paragraph (5) the following:
`(6) STANDARDS FOR GENERAL SERVICE LAMPS-
`(A) RULEMAKING BEFORE JANUARY 1, 2014-
`(i) IN GENERAL- Not later than January 1, 2014, the Secretary shall
initiate a rulemaking procedure to determine whether--
`(I) standards in effect for general service lamps should be
amended to establish more stringent standards than the standards
specified in paragraph (1)(A); and
`(II) the exemptions for certain incandescent lamps should be
maintained or discontinued based, in part, on exempted lamp sales
collected by the Secretary from manufacturers.
`(ii) SCOPE- The rulemaking--
`(I) shall not be limited to incandescent lamp technologies;
and
`(II) shall include consideration of a minimum standard of 45
lumens per watt for general service lamps.
`(iii) AMENDED STANDARDS- If the Secretary determines that the
standards in effect for general service incandescent lamps should be
amended, the Secretary shall publish a final rule not later than January
1, 2017, with an effective date that is not earlier than 3 years after
the date on which the final rule is published.
`(iv) PHASED-IN EFFECTIVE DATES- The Secretary shall consider
phased-in effective dates under this subparagraph after
considering--
`(I) the impact of any amendment on manufacturers, retiring and
repurposing existing equipment, stranded investments, labor contracts,
workers, and raw materials; and
`(II) the time needed to work with retailers and lighting
designers to revise sales and marketing strategies.
`(v) BACKSTOP REQUIREMENT- If the Secretary fails to complete a
rulemaking in accordance with clauses (i) through (iv) or if the final
rule does not produce savings that are greater than or equal to the
savings from a minimum efficacy standard of 45 lumens per watt,
effective beginning January 1, 2020, the Secretary shall prohibit the
sale of any general service lamp that does not meet a minimum efficacy
standard of 45 lumens per watt.
`(vi) STATE PREEMPTION- Neither section 327(b) nor any other
provision of law shall preclude California or Nevada from adopting,
effective beginning on or after January 1, 2018--
`(I) a final rule adopted by the Secretary in accordance with
clauses (i) through (iv);
`(II) if a final rule described in subclause (I) has not been
adopted, the backstop requirement under clause (v); or
`(III) in the case of California, if a final rule described in
subclause (I) has not been adopted, any California regulations
relating to these covered products adopted pursuant to State statute
in effect as of the date of enactment of the Energy Independence and
Security Act of 2007.
`(B) RULEMAKING BEFORE JANUARY 1, 2020-
`(i) IN GENERAL- Not later than January 1, 2020, the Secretary shall
initiate a rulemaking procedure to determine whether--
`(I) standards in effect for general service incandescent lamps
should be amended to reflect lumen ranges with more stringent maximum
wattage than the standards specified in paragraph (1)(A);
and
`(II) the exemptions for certain incandescent lamps should be
maintained or discontinued based, in part, on exempted lamp sales data
collected by the Secretary from manufacturers.
`(ii) SCOPE- The rulemaking shall not be limited to incandescent
lamp technologies.
`(iii) AMENDED STANDARDS- If the Secretary determines that the
standards in effect for general service incandescent lamps should be
amended, the Secretary shall publish a final rule not later than January
1, 2022, with an effective date that is not earlier than 3 years after
the date on which the final rule is published.
`(iv) PHASED-IN EFFECTIVE DATES- The Secretary shall consider
phased-in effective dates under this subparagraph after
considering--
`(I) the impact of any amendment on manufacturers, retiring and
repurposing existing equipment, stranded investments, labor contracts,
workers, and raw materials; and
`(II) the time needed to work with retailers and lighting
designers to revise sales and marketing strategies.';
and
(B) in subsection (l), by adding at the end the following:
`(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS-
`(A) IN GENERAL- The Secretary shall prescribe an energy efficiency
standard for rough service lamps, vibration service lamps, 3-way
incandescent lamps, 2,601-3,300 lumen general service incandescent lamps,
and shatter-resistant lamps only in accordance with this
paragraph.
`(B) BENCHMARKS- Not later than 1 year after the date of enactment of
this paragraph, the Secretary, in consultation with the National
Electrical Manufacturers Association, shall--
`(i) collect actual data for United States unit sales for each of
calendar years 1990 through 2006 for each of the 5 types of lamps
described in subparagraph (A) to determine the historical growth rate of
the type of lamp; and
`(ii) construct a model for each type of lamp based on coincident
economic indicators that closely match the historical annual growth rate
of the type of lamp to provide a neutral comparison benchmark to model
future unit sales after calendar year 2006.
`(i) IN GENERAL- Effective for each of calendar years 2010 through
2025, the Secretary, in consultation with the National Electrical
Manufacturers Association, shall--
`(I) collect actual United States unit sales data for each of 5
types of lamps described in subparagraph (A); and
`(II) not later than 90 days after the end of each calendar year,
compare the lamp sales in that year with the sales predicted by the
comparison benchmark for each of the 5 types of lamps described in
subparagraph (A).
`(ii) CONTINUATION OF TRACKING-
`(I) DETERMINATION- Not later than January 1, 2023, the Secretary
shall determine if actual sales data should be tracked for the lamp
types described in subparagraph (A) after calendar year
2025.
`(II) CONTINUATION- If the Secretary finds that the market share
of a lamp type described in subparagraph (A) could significantly erode
the market share for general service lamps, the Secretary shall
continue to track the actual sales data for the lamp
type.
`(D) ROUGH SERVICE LAMPS-
`(i) IN GENERAL- Effective beginning with the first year that the
reported annual sales rate for rough service lamps demonstrates actual
unit sales of rough service lamps that achieve levels that are at least
100 percent higher than modeled unit sales for that same year, the
Secretary shall--
`(I) not later than 90 days after the end of the previous calendar
year, issue a finding that the index has been exceeded;
and
`(II) not later than the date that is 1 year after the end of the
previous calendar year, complete an accelerated rulemaking to
establish an energy conservation standard for rough service
lamps.
`(ii) BACKSTOP REQUIREMENT- If the Secretary fails to complete an
accelerated rulemaking in accordance with clause (i)(II), effective
beginning 1 year after the date of the issuance of the finding under
clause (i)(I), the Secretary shall require rough service lamps
to--
`(I) have a shatter-proof coating or equivalent technology that is
compliant with NSF/ANSI 51 and is designed to contain the glass if the
glass envelope of the lamp is broken and to provide effective
containment over the life of the lamp;
`(II) have a maximum 40-watt limitation; and
`(III) be sold at retail only in a package containing 1
lamp.
`(E) VIBRATION SERVICE LAMPS-
`(i) IN GENERAL- Effective beginning with the first year that the
reported annual sales rate for vibration service lamps demonstrates
actual unit sales of vibration service lamps that achieve levels that
are at least 100 percent higher than modeled unit sales for that same
year, the Secretary shall--
`(I) not later than 90 days after the end of the previous calendar
year, issue a finding that the index has been exceeded;
and
`(II) not later than the date that is 1 year after the end of the
previous calendar year, complete an accelerated rulemaking to
establish an energy conservation standard for vibration service
lamps.
`(ii) BACKSTOP REQUIREMENT- If the Secretary fails to complete an
accelerated rulemaking in accordance with clause (i)(II), effective
beginning 1 year after the date of the issuance of the finding under
clause (i)(I), the Secretary shall require vibration service lamps
to--
`(I) have a maximum 40-watt limitation; and
`(II) be sold at retail only in a package containing 1
lamp.
`(F) 3-way incandescent lamps-
`(i) IN GENERAL- Effective beginning with the first year that the
reported annual sales rate for 3-way incandescent lamps demonstrates
actual unit sales of 3-way incandescent lamps that achieve levels that
are at least 100 percent higher than modeled unit sales for that same
year, the Secretary shall--
`(I) not later than 90 days after the end of the previous calendar
year, issue a finding that the index has been exceeded;
and
`(II) not later than the date that is 1 year after the end of the
previous calendar year, complete an accelerated rulemaking to
establish an energy conservation standard for 3-way incandescent
lamps.
`(ii) BACKSTOP REQUIREMENT- If the Secretary fails to complete an
accelerated rulemaking in accordance with clause (i)(II), effective
beginning 1 year after the date of issuance of the finding under clause
(i)(I), the Secretary shall require that--
`(I) each filament in a 3-way incandescent lamp meet the new
maximum wattage requirements for the respective lumen range
established under subsection (i)(1)(A); and
`(II) 3-way lamps be sold at retail only in a package containing 1
lamp.
`(G) 2,601-3,300 lumen general service incandescent lamps- Effective
beginning with the first year that the reported annual sales rate
demonstrates actual unit sales of 2,601-3,300 lumen general service
incandescent lamps in the lumen range of 2,601 through 3,300 lumens (or,
in the case of a modified spectrum, in the lumen range of 1,951 through
2,475 lumens) that achieve levels that are at least 100 percent higher
than modeled unit sales for that same year, the Secretary shall
impose--
`(i) a maximum 95-watt limitation on general service incandescent
lamps in the lumen range of 2,601 through 3,300 lumens; and
`(ii) a requirement that those lamps be sold at retail only in a
package containing 1 lamp.
`(H) SHATTER-RESISTANT LAMPS-
`(i) IN GENERAL- Effective beginning with the first year that the
reported annual sales rate for shatter-resistant lamps demonstrates
actual unit sales of shatter-resistant lamps that achieve levels that
are at least 100 percent higher than modeled unit sales for that same
year, the Secretary shall--
`(I) not later than 90 days after the end of the previous calendar
year, issue a finding that the index has been exceeded;
and
`(II) not later than the date that is 1 year after the end of the
previous calendar year, complete an accelerated rulemaking to
establish an energy conservation standard for shatter-resistant
lamps.
`(ii) BACKSTOP REQUIREMENT- If the Secretary fails to complete an
accelerated rulemaking in accordance with clause (i)(II), effective
beginning 1 year after the date of issuance of the finding under clause
(i)(I), the Secretary shall impose--
`(I) a maximum wattage limitation of 40 watts on shatter resistant
lamps; and
`(II) a requirement that those lamps be sold at retail only in a
package containing 1 lamp.
`(I) RULEMAKINGS BEFORE JANUARY 1, 2025-
`(i) IN GENERAL- Except as provided in clause (ii), if the Secretary
issues a final rule prior to January 1, 2025, establishing an energy
conservation standard for any of the 5 types of lamps for which data
collection is required under any of subparagraphs (D) through (G), the
requirement to collect and model data for that type of lamp shall
terminate unless, as part of the rulemaking, the Secretary determines
that continued tracking is necessary.
`(ii) BACKSTOP REQUIREMENT- If the Secretary imposes a backstop
requirement as a result of a failure to complete an accelerated
rulemaking in accordance with clause (i)(II) of any of subparagraphs (D)
through (G), the requirement to collect and model data for the
applicable type of lamp shall continue for an additional 2 years after
the effective date of the backstop requirement.'.
(b) Consumer Education and Lamp Labeling- Section 324(a)(2)(C) of the
Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)) is amended by
adding at the end the following:
`(iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF LAMP
LABELING-
`(I) IN GENERAL- Not later than 1 year after the date of enactment
of this clause, the Commission shall initiate a rulemaking to
consider--
`(aa) the effectiveness of current lamp labeling for power levels or
watts, light output or lumens, and lamp lifetime; and
`(bb) alternative labeling approaches that will help consumers to
understand new high-efficiency lamp products and to base the purchase decisions
of the consumers on the most appropriate source that meets the requirements of
the consumers for lighting level, light quality, lamp lifetime, and total
lifecycle cost.
`(II) COMPLETION- The Commission shall--
`(aa) complete the rulemaking not later than the date that is 30
months after the date of enactment of this clause; and
`(bb) consider reopening the rulemaking not later than 180 days
before the effective dates of the standards for general service incandescent
lamps established under section 325(i)(1)(A), if the Commission determines that
further labeling changes are needed to help consumers understand lamp
alternatives.'.
(c) Market Assessments and Consumer Awareness Program-
(1) IN GENERAL- In cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Commerce, the Federal
Trade Commission, lighting and retail industry associations, energy
efficiency organizations, and any other entities that the Secretary of
Energy determines to be appropriate, the Secretary of Energy shall--
(A) conduct an annual assessment of the market for general service
lamps and compact fluorescent lamps--
(i) to identify trends in the market shares of lamp types,
efficiencies, and light output levels purchased by residential and
nonresidential consumers; and
(ii) to better understand the degree to which consumer
decisionmaking is based on lamp power levels or watts, light output or
lumens, lamp lifetime, and other factors, including information required
on labels mandated by the Federal Trade Commission;
(B) provide the results of the market assessment to the Federal Trade
Commission for consideration in the rulemaking described in section
324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)(C)(iii)); and
(C) in cooperation with industry trade associations, lighting industry
members, utilities, and other interested parties, carry out a proactive
national program of consumer awareness, information, and education that
broadly uses the media and other effective communication techniques over
an extended period of time to help consumers understand the lamp labels
and make energy-efficient lighting choices that meet the needs of
consumers.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $10,000,000 for each of fiscal
years 2009 through 2012.
(d) General Rule of Preemption for Energy Conservation Standards Before
Federal Standard Becomes Effective for a Product- Section 327(b)(1) of the
Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)) is amended--
(1) by inserting `(A)' after `(1)';
(2) by inserting `or' after the semicolon at the end; and
(3) by adding at the end the following:
`(B) in the case of any portion of any regulation that establishes
requirements for general service incandescent lamps, intermediate base
incandescent lamps, or candelabra base lamps, was enacted or adopted by the
State of California or Nevada before December 4, 2007, except that--
`(i) the regulation adopted by the California Energy Commission with
an effective date of January 1, 2008, shall only be effective until the
effective date of the Federal standard for the applicable lamp category
under subparagraphs (A), (B), and (C) of section 325(i)(1);
`(ii) the States of California and Nevada may, at any time, modify or
adopt a State standard for general service lamps to conform with Federal
standards with effective dates no earlier than 12 months prior to the
Federal effective dates prescribed under subparagraphs (A), (B), and (C)
of section 325(i)(1), at which time any prior regulations adopted by the
State of California or Nevada shall no longer be effective; and
`(iii) all other States may, at any time, modify or adopt a State
standard for general service lamps to conform with Federal standards and
effective dates.'.
(e) Prohibited Acts- Section 332(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking `or' at the end;
(2) in paragraph (5), by striking the period at the end and inserting `;
or'; and
(3) by adding at the end the following:
`(6) for any manufacturer, distributor, retailer, or private labeler to
distribute in commerce an adapter that--
`(A) is designed to allow an incandescent lamp that does not have a
medium screw base to be installed into a fixture or lampholder with a
medium screw base socket; and
`(B) is capable of being operated at a voltage range at least
partially within 110 and 130 volts.'.
(f) Enforcement- Section 334 of the Energy Policy and Conservation Act (42
U.S.C. 6304) is amended by inserting after the second sentence the following:
`Any such action to restrain any person from distributing in commerce a
general service incandescent lamp that does not comply with the applicable
standard established under section 325(i) or an adapter prohibited under
section 332(a)(6) may also be brought by the attorney general of a State in
the name of the State.'.
(g) Research and Development Program-
(1) IN GENERAL- The Secretary may carry out a lighting technology
research and development program--
(A) to support the research, development, demonstration, and
commercial application of lamps and related technologies sold, offered for
sale, or otherwise made available in the United States; and
(B) to assist manufacturers of general service lamps in the
manufacturing of general service lamps that, at a minimum, achieve the
wattage requirements imposed as a result of the amendments made by
subsection (a).
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection $10,000,000 for each of fiscal
years 2008 through 2013.
(3) TERMINATION OF AUTHORITY- The program under this subsection shall
terminate on September 30, 2015.
(1) REPORT ON MERCURY USE AND RELEASE- 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, shall submit to
Congress a report describing recommendations relating to the means by which
the Federal Government may reduce or prevent the release of mercury during
the manufacture, transportation, storage, or disposal of light bulbs.
(2) REPORT ON RULEMAKING SCHEDULE- Beginning on July 1, 2013, and
semiannually through July 1, 2016, the Secretary shall submit to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on--
(A) whether the Secretary will meet the deadlines for the rulemakings
required under this section;
(B) a description of any impediments to meeting the deadlines;
and
(C) a specific plan to remedy any failures, including recommendations
for additional legislation or resources.
(3) NATIONAL ACADEMY REVIEW-
(A) IN GENERAL- Not later than December 31, 2009, the Secretary shall
enter into an arrangement with the National Academy of Sciences to provide
a report by December 31, 2013, and an updated report by July 31, 2015. The
report should include--
(i) the status of advanced solid state lighting research,
development, demonstration and commercialization;
(ii) the impact on the types of lighting available to consumers of
an energy conservation standard requiring a minimum of 45 lumens per
watt for general service lighting effective in 2020; and
(iii) the time frame for the commercialization of lighting that
could replace current incandescent and halogen incandescent lamp
technology and any other new technologies developed to meet the minimum
standards required under subsection (a)(3) of this section.
(B) REPORTS- The reports shall be transmitted to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) (as amended by section 316(c)(1)(D)) 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:
`(54) 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.
`(55) 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.
`(56) 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.
`(57) 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. 6995(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 the later of January 1, 2008, or the date
that is 180 days after the date of enactment of the Energy Independence
and Security Act of 2007.'.
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE ENERGY
SYSTEMS.
(a) Estimate of Energy Performance in Prospectus- Section 3307(b) of title
40, United States Code, is amended--
(1) by striking `and' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and inserting `;
and'; and
(3) by inserting after paragraph (6) the following:
`(7) with respect to any prospectus for the construction, alteration, or
acquisition of any building or space to be leased, an estimate of the future
energy performance of the building or space and a specific description of
the use of energy efficient and renewable energy systems, including
photovoltaic systems, in carrying out the project.'.
(b) Minimum Performance Requirements for Leased Space- Section 3307 of
such title is amended--
(1) by redesignating subsections (f) and (g) as subsections (g) and (h),
respectively; and
(2) by inserting after subsection (e) the following:
`(f) Minimum Performance Requirements for Leased Space- With respect to
space to be leased, the Administrator shall include, to the maximum extent
practicable, minimum performance requirements requiring energy efficiency and
the use of renewable energy.'.
(c) Use of Energy Efficient Lighting Fixtures and Bulbs-
(1) IN GENERAL- Chapter 33 of such title is amended--
(A) by redesignating sections 3313, 3314, and 3315 as sections 3314,
3315, and 3316, respectively; and
(B) by inserting after section 3312 the following:
`Sec. 3313. Use of energy efficient lighting fixtures and bulbs
`(a) Construction, Alteration, and Acquisition of Public Buildings- Each
public building constructed, altered, or acquired by the Administrator of
General Services shall be equipped, to the maximum extent feasible as
determined by the Administrator, with lighting fixtures and bulbs that are
energy efficient.
`(b) Maintenance of Public Buildings- Each lighting fixture or bulb that
is replaced by the Administrator in the normal course of maintenance of public
buildings shall be replaced, to the maximum extent feasible, with a lighting
fixture or bulb that is energy efficient.
`(c) Considerations- In making a determination under this section
concerning the feasibility of installing a lighting fixture or bulb that is
energy efficient, the Administrator shall consider--
`(1) the life-cycle cost effectiveness of the fixture or bulb;
`(2) the compatibility of the fixture or bulb with existing
equipment;
`(3) whether use of the fixture or bulb could result in interference
with productivity;
`(4) the aesthetics relating to use of the fixture or bulb; and
`(5) such other factors as the Administrator determines
appropriate.
`(d) Energy Star- A lighting fixture or bulb shall be treated as being
energy efficient for purposes of this section if--
`(1) the fixture or bulb is certified under the Energy Star program
established by section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a);
`(2) in the case of all light-emitting diode (LED) luminaires, lamps,
and systems whose efficacy (lumens per watt) and Color Rendering Index (CRI)
meet the Department of Energy requirements for minimum luminaire efficacy
and CRI for the Energy Star certification, as verified by an independent
third-party testing laboratory that the Administrator and the Secretary of
Energy determine conducts its tests according to the procedures and
recommendations of the Illuminating Engineering Society of North America,
even if the luminaires, lamps, and systems have not received such
certification; or
`(3) the Administrator and the Secretary of Energy have otherwise
determined that the fixture or bulb is energy efficient.
`(e) Additional Energy Efficient Lighting Designations- The Administrator
of the Environmental Protection Agency and the Secretary of Energy shall give
priority to establishing Energy Star performance criteria or Federal Energy
Management Program designations for additional lighting product categories
that are appropriate for use in public buildings.
`(f) Guidelines- The Administrator shall develop guidelines for the use of
energy efficient lighting technologies that contain mercury in child care
centers in public buildings.
`(g) Applicability of Buy American Act- Acquisitions carried out pursuant
to this section shall be subject to the requirements of the Buy American Act
(41 U.S.C. 10c et seq.).
`(h) Effective Date- The requirements of subsections (a) and (b) shall
take effect 1 year after the date of enactment of this subsection.'.
(2) CLERICAL AMENDMENT- The analysis for such chapter is amended by
striking the items relating to sections 3313, 3314, and 3315 and inserting
the following:
`3313. Use of energy efficient lighting fixtures and bulbs.
`3315. Report to Congress.
`3316. Certain authority not affected.'.
(d) Evaluation Factor- Section 3310 of such title is amended--
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4),
(5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
`(3) shall include in the solicitation for any lease requiring a
prospectus under section 3307 an evaluation factor considering the extent to
which the offeror will promote energy efficiency and the use of renewable
energy;'.
SEC. 324. METAL HALIDE LAMP FIXTURES.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) (as amended by section 322(a)(2)) is amended by adding at the end
the following:
`(58) BALLAST- The term `ballast' means a device used with an electric
discharge lamp to obtain necessary circuit conditions (voltage, current, and
waveform) for starting and operating.
`(59) BALLAST EFFICIENCY-
`(A) IN GENERAL- The term `ballast efficiency' means, in the case of a
high intensity discharge fixture, the efficiency of a lamp and ballast
combination, expressed as a percentage, and calculated in accordance with
the following formula: Efficiency = Pout/Pin.
`(B) EFFICIENCY FORMULA- For the purpose of subparagraph
(A)--
`(i) Pout shall equal the measured operating lamp
wattage;
`(ii) Pin shall equal the measured operating input
wattage;
`(iii) the lamp, and the capacitor when the capacitor is provided,
shall constitute a nominal system in accordance with the ANSI Standard
C78.43-2004;
`(iv) for ballasts with a frequency of 60 Hz, Pin and
Pout shall be measured after lamps have been stabilized according
to section 4.4 of ANSI Standard C82.6-2005 using a wattmeter with
accuracy specified in section 4.5 of ANSI Standard C82.6-2005;
and
`(v) for ballasts with a frequency greater than 60 Hz, Pin
and Pout shall have a basic accuracy of 0.5 percent at the higher
of--
`(I) 3 times the output operating frequency of the ballast;
or
`(II) 2 kHz for ballast with a frequency greater than 60
Hz.
`(C) MODIFICATION- The Secretary may, by rule, modify the definition
of `ballast efficiency' if the Secretary determines that the modification
is necessary or appropriate to carry out the purposes of this
Act.
`(60) ELECTRONIC BALLAST- The term `electronic ballast' means a device
that uses semiconductors as the primary means to control lamp starting and
operation.
`(61) GENERAL LIGHTING APPLICATION- The term `general lighting
application' means lighting that provides an interior or exterior area with
overall illumination.
`(62) METAL HALIDE BALLAST- The term `metal halide ballast' means a
ballast used to start and operate metal halide lamps.
`(63) METAL HALIDE LAMP- The term `metal halide lamp' means a high
intensity discharge lamp in which the major portion of the light is produced
by radiation of metal halides and their products of dissociation, possibly
in combination with metallic vapors.
`(64) METAL HALIDE LAMP FIXTURE- The term `metal halide lamp fixture'
means a light fixture for general lighting application designed to be
operated with a metal halide lamp and a ballast for a metal halide
lamp.
`(65) PROBE-START METAL HALIDE BALLAST- The term `probe-start metal
halide ballast' means a ballast that--
`(A) starts a probe-start metal halide lamp that contains a third
starting electrode (probe) in the arc tube; and
`(B) does not generally contain an igniter but instead starts lamps
with high ballast open circuit voltage.
`(66) PULSE-START METAL HALIDE BALLAST-
`(A) IN GENERAL- The term `pulse-start metal halide ballast' means an
electronic or electromagnetic ballast that starts a pulse-start metal
halide lamp with high voltage pulses.
`(B) STARTING PROCESS- For the purpose of subparagraph (A)--
`(i) lamps shall be started by first providing a high voltage pulse
for ionization of the gas to produce a glow discharge; and
`(ii) to complete the starting process, power shall be provided by
the ballast to sustain the discharge through the glow-to-arc
transition.'.
(b) Coverage- Section 322(a) of the Energy Policy and Conservation Act (42
U.S.C. 6292(a)) is amended--
(1) by redesignating paragraph (19) as paragraph (20); and
(2) by inserting after paragraph (18) the following:
`(19) Metal halide lamp fixtures.'.
(c) Test Procedures- Section 323(b) of the Energy Policy and Conservation
Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is amended by adding at
the end the following:
`(18) METAL HALIDE LAMP BALLASTS- Test procedures for metal halide lamp
ballasts shall be based on ANSI Standard C82.6-2005, entitled `Ballasts for
High Intensity Discharge Lamps--Method of Measurement'.'.
(d) Labeling- Section 324(a)(2) of the Energy Policy and Conservation Act
(42 U.S.C. 6294(a)(2)) is amended--
(1) by redesignating subparagraphs (C) through (G) as subparagraphs (D)
through (H), respectively; and
(2) by inserting after subparagraph (B) the following:
`(C) METAL HALIDE LAMP FIXTURES-
`(i) IN GENERAL- The Commission shall issue labeling rules under
this section applicable to the covered product specified in section
322(a)(19) and to which standards are applicable under section
325.
`(ii) LABELING- The rules shall provide that the labeling of any
metal halide lamp fixture manufactured on or after the later of January
1, 2009, or the date that is 270 days after the date of enactment of
this subparagraph, shall indicate conspicuously, in a manner prescribed
by the Commission under subsection (b) by July 1, 2008, a capital letter
`E' printed within a circle on the packaging of the fixture, and on the
ballast contained in the fixture.'.
(e) Standards- Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) (as amended by section 310) is amended--
(1) by redesignating subsection (hh) as subsection (ii);
(2) by inserting after subsection (gg) the following:
`(hh) Metal Halide Lamp Fixtures-
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), metal halide
lamp fixtures designed to be operated with lamps rated greater than or
equal to 150 watts but less than or equal to 500 watts shall
contain--
`(i) a pulse-start metal halide ballast with a minimum ballast
efficiency of 88 percent;
`(ii) a magnetic probe-start ballast with a minimum ballast
efficiency of 94 percent; or
`(iii) a nonpulse-start electronic ballast with--
`(I) a minimum ballast efficiency of 92 percent for wattages
greater than 250 watts; and
`(II) a minimum ballast efficiency of 90 percent for wattages less
than or equal to 250 watts.
`(B) EXCLUSIONS- The standards established under subparagraph (A)
shall not apply to--
`(i) fixtures with regulated lag ballasts;
`(ii) fixtures that use electronic ballasts that operate at 480
volts; or
`(I) are rated only for 150 watt lamps;
`(II) are rated for use in wet locations, as specified by the
National Electrical Code 2002, section 410.4(A); and
`(III) contain a ballast that is rated to operate at ambient air
temperatures above 50«C, as specified by UL 1029-2001.
`(C) APPLICATION- The standards established under subparagraph (A)
shall apply to metal halide lamp fixtures manufactured on or after the
later of--
`(ii) the date that is 270 days after the date of enactment of this
subsection.
`(2) FINAL RULE BY JANUARY 1, 2012-
`(A) IN GENERAL- Not later than January 1, 2012, the Secretary shall
publish a final rule to determine whether the standards established under
paragraph (1) should be amended.
`(B) ADMINISTRATION- The final rule shall--
`(i) contain any amended standard; and
`(ii) apply to products manufactured on or after January 1,
2015.
`(3) FINAL RULE BY JANUARY 1, 2019-
`(A) IN GENERAL- Not later than January 1, 2019, the Secretary shall
publish a final rule to determine whether the standards then in effect
should be amended.
`(B) ADMINISTRATION- The final rule shall--
`(i) contain any amended standards; and
`(ii) apply to products manufactured after January 1,
2022.
`(4) DESIGN AND PERFORMANCE REQUIREMENTS- Notwithstanding any other
provision of law, any standard established pursuant to this subsection may
contain both design and performance requirements.'; and
(3) in paragraph (2) of subsection (ii) (as redesignated by paragraph
(2)), by striking `(gg)' each place it appears and inserting `(hh)'.
(f) Effect on Other Law- Section 327(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) in paragraph (8)(B), by striking the period at the end and inserting
`; and'; and
(2) by adding at the end the following:
`(9) is a regulation concerning metal halide lamp fixtures adopted by
the California Energy Commission on or before January 1, 2011, except
that--
`(A) if the Secretary fails to issue a final rule within 180 days
after the deadlines for rulemakings in section 325(hh), notwithstanding
any other provision of this section, preemption shall not apply to a
regulation concerning metal halide lamp fixtures adopted by the California
Energy Commission--
`(i) on or before July 1, 2015, if the Secretary fails to meet the
deadline specified in section 325(hh)(2); or
`(ii) on or before July 1, 2022, if the Secretary fails to meet the
deadline specified in section 325(hh)(3).'.
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS.
(a) In General- Section 324(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6294(a)) (as amended by section 324(d)) is amended--
(1) in paragraph (2), by adding at the end the following:
`(I) LABELING REQUIREMENTS-
`(i) IN GENERAL- Subject to clauses (ii) through (iv), not later
than 18 months after the date of issuance of applicable Department of
Energy testing procedures, the Commission, in consultation with the
Secretary and the Administrator of the Environmental Protection Agency
(acting through the Energy Star program), shall, by regulation,
prescribe labeling or other disclosure requirements for the energy use
of--
`(II) personal computers;
`(III) cable or satellite set-top boxes;
`(IV) stand-alone digital video recorder boxes; and
`(V) personal computer monitors.
`(ii) ALTERNATE TESTING PROCEDURES- In the absence of applicable
testing procedures described in clause (i) for products described in
subclauses (I) through (V) of that clause, the Commission may, by
regulation, prescribe labeling or other disclosure requirements for a
consumer product category described in clause (i) if the
Commission--
`(I) identifies adequate non-Department of Energy testing
procedures for those products; and
`(II) determines that labeling of, or other disclosures relating
to, those products is likely to assist consumers in making purchasing
decisions.
`(iii) DEADLINE AND REQUIREMENTS FOR LABELING-
`(I) DEADLINE- Not later than 18 months after the date of
promulgation of any requirements under clause (i) or (ii), the
Commission shall require labeling of, or other disclosure requirements
for, electronic products described in clause (i).
`(II) REQUIREMENTS- The requirements prescribed under clause (i)
or (ii) may include specific requirements for each electronic product
to be labeled with respect to the placement, size, and content of
Energy Guide labels.
`(iv) DETERMINATION OF FEASIBILITY- Clause (i) or (ii) shall not
apply in any case in which the Commission determines that labeling in
accordance with this subsection--
`(I) is not technologically or economically feasible;
or
`(II) is not likely to assist consumers in making purchasing
decisions.'; and
(2) by adding at the end the following:
`(6) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT CATEGORIES- The Commission
may, by regulation, require labeling or other disclosures in accordance with
this subsection for any consumer product not specified in this subsection or
section 322 if the Commission determines that labeling for the product is
likely to assist consumers in making purchasing decisions.'.
(b) Content of Label- Section 324(c) of the Energy Policy and Conservation
Act (42 U.S.C. 6924(c)) is amended by adding at the end the following:
`(9) DISCRETIONARY APPLICATION- The Commission may apply paragraphs (1),
(2), (3), (5), and (6) of this subsection to the labeling of any product
covered by paragraph (2)(I) or (6) of subsection (a).'.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
SEC. 401. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
General Services.
(2) ADVISORY COMMITTEE- The term `Advisory Committee' means the Green
Building Advisory Committee established under section 484.
(3) COMMERCIAL DIRECTOR- The term `Commercial Director' means the
individual appointed to the position established under section 421.
(4) CONSORTIUM- The term `Consortium' means the High-Performance Green
Building Partnership Consortium created in response to section 436(c)(1) to
represent the private sector in a public-private partnership to promote
high-performance green buildings and zero-net-energy commercial
buildings.
(5) COST-EFFECTIVE LIGHTING TECHNOLOGY-
(A) IN GENERAL- The term `cost-effective lighting technology' means a
lighting technology that--
(i) will result in substantial operational cost savings by ensuring
an installed consumption of not more than 1 watt per square foot;
or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C.
8259b);
(II) Federal acquisition regulation 23-203; and
(III) is at least as energy-conserving as required by other
provisions of this Act, including the requirements of this title and
title III which shall be applicable to the extent that they would
achieve greater energy savings than provided under clause (i) or this
clause.
(B) INCLUSIONS- The term `cost-effective lighting technology'
includes--
(vi) early use of other highly cost-effective lighting
technologies.
(6) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES- The term `cost-effective
technologies and practices' means a technology or practice that--
(A) will result in substantial operational cost savings by reducing
electricity or fossil fuel consumption, water, or other utility costs,
including use of geothermal heat pumps;
(B) complies with the provisions of section 553 of Public Law 95-619
(42 U.S.C. 8259b) and Federal acquisition regulation 23-203; and
(C) is at least as energy and water conserving as required under this
title, including sections 431 through 435, and title V, including sections
511 through 525, which shall be applicable to the extent that they are
more stringent or require greater energy or water savings than required by
this section.
(7) FEDERAL DIRECTOR- The term `Federal Director' means the individual
appointed to the position established under section 436(a).
(8) FEDERAL FACILITY- The term `Federal facility' means any building
that is constructed, renovated, leased, or purchased in part or in whole for
use by the Federal Government.
(9) OPERATIONAL COST SAVINGS-
(A) IN GENERAL- The term `operational cost savings' means a reduction
in end-use operational costs through the application of cost-effective
technologies and practices or geothermal heat pumps, including a reduction
in electricity consumption relative to consumption by the same customer or
at the same facility in a given year, as defined in guidelines promulgated
by the Administrator pursuant to section 329(b) of the Clean Air Act, that
achieves cost savings sufficient to pay the incremental additional costs
of using cost-effective technologies and practices including geothermal
heat pumps by not later than the later of the date established under
sections 431 through 434, or--
(i) for cost-effective technologies and practices, the date that is
5 years after the date of installation; and
(ii) for geothermal heat pumps, as soon as practical after the date
of installation of the applicable geothermal heat pump.
(B) INCLUSIONS- The term `operational cost savings' includes savings
achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies and
practices; or
(ii) the planting of vegetation that shades the facility and reduces
the heating, cooling, or lighting needs of the facility.
(C) EXCLUSION- The term `operational cost savings' does not include
savings from measures that would likely be adopted in the absence of
cost-effective technology and practices programs, as determined by the
Administrator.
(10) GEOTHERMAL HEAT PUMP- The term `geothermal heat pump' means any
heating or air conditioning technology that--
(A) uses the ground or ground water as a thermal energy source to
heat, or as a thermal energy sink to cool, a building; and
(B) meets the requirements of the Energy Star program of the
Environmental Protection Agency applicable to geothermal heat pumps on the
date of purchase of the technology.
(A) IN GENERAL- The term `GSA facility' means any building, structure,
or facility, in whole or in part (including the associated support systems
of the building, structure, or facility) that--
(i) is constructed (including facilities constructed for lease),
renovated, or purchased, in whole or in part, by the Administrator for
use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator for use by
the Federal Government--
(I) except as provided in subclause (II), for a term of not less
than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and practices would
result in the payback of expenses.
(B) INCLUSION- The term `GSA facility' includes any group of
buildings, structures, or facilities described in subparagraph (A)
(including the associated energy-consuming support systems of the
buildings, structures, and facilities).
(C) EXEMPTION- The Administrator may exempt from the definition of
`GSA facility' under this paragraph a building, structure, or facility
that meets the requirements of section 543(c) of Public Law 95-619 (42
U.S.C. 8253(c)).
(12) HIGH-PERFORMANCE BUILDING- The term `high-performance building'
means a building that integrates and optimizes on a life cycle basis all
major high performance attributes, including energy conservation,
environment, safety, security, durability, accessibility, cost-benefit,
productivity, sustainability, functionality, and operational
considerations.
(13) HIGH-PERFORMANCE GREEN BUILDING- The term `high-performance green
building' means a high-performance building that, during its life-cycle, as
compared with similar buildings (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption Survey data from the
Energy Information Agency)--
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality, including reducing indoor
pollution, improving thermal comfort, and improving lighting and acoustic
environments that affect occupant health and productivity;
(C) reduces negative impacts on the environment throughout the
life-cycle of the building, including air and water pollution and waste
generation;
(D) increases the use of environmentally preferable products,
including biobased, recycled content, and nontoxic products with lower
life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of transportation
through building location and site design that support a full range of
transportation choices for users of the building; and
(H) considers indoor and outdoor effects of the building on human
health and the environment, including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and operations;
and
(iii) other factors that the Federal Director or the Commercial
Director consider to be appropriate.
(14) LIFE-CYCLE- The term `life-cycle', with respect to a
high-performance green building, means all stages of the useful life of the
building (including components, equipment, systems, and controls of the
building) beginning at conception of a high-performance green building
project and continuing through site selection, design, construction,
landscaping, commissioning, operation, maintenance, renovation,
deconstruction or demolition, removal, and recycling of the high-performance
green building.
(15) LIFE-CYCLE ASSESSMENT- The term `life-cycle assessment' means a
comprehensive system approach for measuring the environmental performance of
a product or service over the life of the product or service, beginning at
raw materials acquisition and continuing through manufacturing,
transportation, installation, use, reuse, and end-of-life waste
management.
(16) LIFE-CYCLE COSTING- The term `life-cycle costing', with respect to
a high-performance green building, means a technique of economic evaluation
that--
(A) sums, over a given study period, the costs of initial investment
(less resale value), replacements, operations (including energy use), and
maintenance and repair of an investment decision; and
(i) in present value terms, in the case of a study period equivalent
to the longest useful life of the building, determined by taking into
consideration the typical life of such a building in the area in which
the building is to be located; or
(ii) in annual value terms, in the case of any other study
period.
(17) OFFICE OF COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS- The term
`Office of Commercial High-Performance Green Buildings' means the Office of
Commercial High-Performance Green Buildings established under section
421(a).
(18) OFFICE OF FEDERAL HIGH-PERFORMANCE GREEN BUILDINGS- The term
`Office of Federal High-Performance Green Buildings' means the Office of
Federal High-Performance Green Buildings established under section
436(a).
(19) PRACTICES- The term `practices' means design, financing,
permitting, construction, commissioning, operation and maintenance, and
other practices that contribute to achieving zero-net-energy buildings or
facilities.
(20) ZERO-NET-ENERGY COMMERCIAL BUILDING- The term `zero-net-energy
commercial building' means a commercial building that is designed,
constructed, and operated to--
(A) require a greatly reduced quantity of energy to operate;
(B) meet the balance of energy needs from sources of energy that do
not produce greenhouse gases;
(C) therefore result in no net emissions of greenhouse gases;
and
(D) be economically viable.
Subtitle A--Residential Building Efficiency
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.
(a) In General- Section 422 of the Energy Conservation and Production Act
(42 U.S.C. 6872) is amended by striking `appropriated $500,000,000 for fiscal
year 2006, $600,000,000 for fiscal year 2007, and $700,000,000 for fiscal year
2008' and inserting `appropriated--
`(1) $750,000,000 for fiscal year 2008;
`(2) $900,000,000 for fiscal year 2009;
`(3) $1,050,000,000 for fiscal year 2010;
`(4) $1,200,000,000 for fiscal year 2011; and
`(5) $1,400,000,000 for fiscal year 2012.'.
(b) Sustainable Energy Resources for Consumers Grants-
(1) IN GENERAL- The Secretary may make funding available to local
weatherization agencies from amounts authorized under the amendment made by
subsection (a) to expand the weatherization assistance program for
residential buildings to include materials, benefits, and renewable and
domestic energy technologies not covered by the program (as of the date of
enactment of this Act), if the State weatherization grantee certifies that
the applicant has the capacity to carry out the proposed activities and that
the grantee will include the project in the financial oversight of the
grantee of the weatherization assistance program.
(2) PRIORITY- In selecting grant recipients under this subsection, the
Secretary shall give priority to--
(A) the expected effectiveness and benefits of the proposed project to
low- and moderate-income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy costs of consumers
served; and
(D) the extent of partnerships with other public and private entities
that contribute to the resources and implementation of the program,
including financial partnerships.
(A) IN GENERAL- Except as provided in paragraph (2), the amount of
funds used for projects described in paragraph (1) may equal up to 2
percent of the amount of funds made available for any fiscal year under
section 422 of the Energy Conservation and Production Act (42 U.S.C.
6872).
(B) EXCEPTION- No funds may be used for sustainable energy resources
for consumers grants for a fiscal year under this subsection if the amount
of funds made available for the fiscal year to carry out the
Weatherization Assistance Program for Low-Income Persons established under
part A of title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.) is less than $275,000,000.
(c) Definition of State- Section 412 of the Energy Conservation and
Production Act (42 U.S.C. 6862) is amended by striking paragraph (8) and
inserting the following:
`(8) 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.'.
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS.
(a) In General- Not later than 120 days after the date of enactment of
this Act, the Secretary shall conduct, and submit to Congress a report on, a
study regarding the rebate programs established under sections 124 and 206(c)
of the Energy Policy Act of 2005 (42 U.S.C. 15821, 15853).
(b) Components- In conducting the study, the Secretary shall--
(1) develop a plan for how the rebate programs would be carried out if
the programs were funded; and
(2) determine the minimum amount of funding the program would need to
receive in order to accomplish the goals of the programs.
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.
(a) Establishment of Standards-
(1) IN GENERAL- Not later than 4 years after the date of enactment of
this Act, the Secretary shall by regulation establish standards for energy
efficiency in manufactured housing.
(2) NOTICE, COMMENT, AND CONSULTATION- Standards described in paragraph
(1) shall be established after--
(A) notice and an opportunity for comment by manufacturers of
manufactured housing and other interested parties; and
(B) consultation with the Secretary of Housing and Urban Development,
who may seek further counsel from the Manufactured Housing Consensus
Committee.
(1) INTERNATIONAL ENERGY CONSERVATION CODE- The energy conservation
standards established under this section shall be based on the most recent
version of the International Energy Conservation Code (including
supplements), except in cases in which the Secretary finds that the code is
not cost-effective, or a more stringent standard would be more
cost-effective, based on the impact of the code on the purchase price of
manufactured housing and on total life-cycle construction and operating
costs.
(2) CONSIDERATIONS- The energy conservation standards established under
this section may--
(A) take into consideration the design and factory construction
techniques of manufactured homes;
(B) be based on the climate zones established by the Department of
Housing and Urban Development rather than the climate zones under the
International Energy Conservation Code; and
(C) provide for alternative practices that result in net estimated
energy consumption equal to or less than the specified standards.
(3) UPDATING- The energy conservation standards established under this
section shall be updated not later than--
(A) 1 year after the date of enactment of this Act; and
(B) 1 year after any revision to the International Energy Conservation
Code.
(c) Enforcement- Any manufacturer of manufactured housing that violates a
provision of the regulations under subsection (a) is liable to the United
States for a civil penalty in an amount not exceeding 1 percent of the
manufacturer's retail list price of the manufactured housing.
Subtitle B--High-Performance Commercial Buildings
SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Director of Commercial High-Performance Green Buildings-
Notwithstanding any other provision of law, the Secretary, acting through the
Assistant Secretary of Energy Efficiency and Renewable Energy, shall appoint a
Director of Commercial High-Performance Green Buildings to a position in the
career-reserved Senior Executive service, with the principal responsibility
to--
(1) establish and manage the Office of Commercial High-Performance Green
Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Qualifications- The Commercial Director shall be an individual, who by
reason of professional background and experience, is specifically qualified to
carry out the duties required under this subtitle.
(c) Duties- The Commercial Director shall, with respect to development of
high-performance green buildings and zero-energy commercial buildings
nationwide--
(1) coordinate the activities of the Office of Commercial
High-Performance Green Buildings with the activities of the Office of
Federal High-Performance Green Buildings;
(2) develop the legal predicates and agreements for, negotiate, and
establish one or more public-private partnerships with the Consortium,
members of the Consortium, and other capable parties meeting the
qualifications of the Consortium, to further such development;
(3) represent the public and the Department in negotiating and
performing in accord with such public-private partnerships;
(4) use appropriated funds in an effective manner to encourage the
maximum investment of private funds to achieve such development;
(5) promote research and development of high-performance green
buildings, consistent with section 423; and
(6) jointly establish with the Federal Director a national
high-performance green building clearinghouse in accordance with section
423(1), which shall provide high-performance green building information and
disseminate research results through--
(C) the provision of technical assistance.
(d) Reporting- The Commercial Director shall report directly to the
Assistant Secretary for Energy Efficiency and Renewable Energy, or to other
senior officials in a way that facilitates the integrated program of this
subtitle for both energy efficiency and renewable energy and both technology
development and technology deployment.
(e) Coordination- The Commercial Director shall ensure full coordination
of high-performance green building information and activities, including
activities under this subtitle, within the Federal Government by working with
the General Services Administration and all relevant agencies, including, at a
minimum--
(1) the Environmental Protection Agency;
(2) the Office of the Federal Environmental Executive;
(3) the Office of Federal Procurement Policy;
(4) the Department of Energy, particularly the Federal Energy Management
Program;
(5) the Department of Health and Human Services;
(6) the Department of Housing and Urban Development;
(7) the Department of Defense;
(8) the National Institute of Standards and Technology;
(9) the Department of Transportation;
(10) the Office of Science Technology and Policy; and
(11) such nonprofit high-performance green building rating and analysis
entities as the Commercial Director determines can offer support, expertise,
and review services.
(f) High-Performance Green Building Partnership Consortium-
(1) RECOGNITION- Not later than 90 days after the date of enactment of
this Act, the Commercial Director shall formally recognize one or more
groups that qualify as a high-performance green building partnership
consortium.
(2) REPRESENTATION TO QUALIFY- To qualify under this section, any
consortium shall include representation from--
(A) the design professions, including national associations of
architects and of professional engineers;
(B) the development, construction, financial, and real estate
industries;
(C) building owners and operators from the public and private
sectors;
(D) academic and research organizations, including at least one
national laboratory with extensive commercial building energy
expertise;
(E) building code agencies and organizations, including a model energy
code-setting organization;
(F) independent high-performance green building associations or
councils;
(G) experts in indoor air quality and environmental factors;
(H) experts in intelligent buildings and integrated building
information systems;
(I) utility energy efficiency programs;
(J) manufacturers and providers of equipment and techniques used in
high-performance green buildings;
(K) public transportation industry experts; and
(L) nongovernmental energy efficiency organizations.
(3) FUNDING- The Secretary may make payments to the Consortium pursuant
to the terms of a public-private partnership for such activities of the
Consortium undertaken under such a partnership as described in this subtitle
directly to the Consortium or through one or more of its members.
(g) Report- Not later than 2 years after the date of enactment of this
Act, and biennially thereafter, the Commercial Director, in consultation with
the Consortium, shall submit to Congress a report that--
(1) describes the status of the high-performance green building
initiatives under this subtitle and other Federal programs affecting
commercial high-performance green buildings in effect as of the date of the
report, including--
(A) the extent to which the programs are being carried out in
accordance with this subtitle; and
(B) the status of funding requests and appropriations for those
programs; and
(2) summarizes and highlights development, at the State and local level,
of high-performance green building initiatives, including executive orders,
policies, or laws adopted promoting high-performance green building
(including the status of implementation of those initiatives).
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions- In this section:
(1) CONSORTIUM- The term `consortium' means a High-Performance Green
Building Consortium selected by the Commercial Director.
(2) INITIATIVE- The term `initiative' means the Zero-Net-Energy
Commercial Buildings Initiative established under subsection (b)(1).
(3) ZERO-NET-ENERGY COMMERCIAL BUILDING- The term `zero-net-energy
commercial building' means a high-performance commercial building that is
designed, constructed, and operated--
(A) to require a greatly reduced quantity of energy to
operate;
(B) to meet the balance of energy needs from sources of energy that do
not produce greenhouse gases;
(C) in a manner that will result in no net emissions of greenhouse
gases; and
(D) to be economically viable.
(1) IN GENERAL- The Commercial Director shall establish an initiative,
to be known as the `Zero-Net-Energy Commercial Buildings Initiative'--
(A) to reduce the quantity of energy consumed by commercial buildings
located in the United States; and
(B) to achieve the development of zero net energy commercial buildings
in the United States.
(A) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, the Commercial Director shall competitively select, and enter
into an agreement with, a consortium to develop and carry out the
initiative.
(B) AGREEMENTS- In entering into an agreement with a consortium under
subparagraph (A), the Commercial Director shall use the authority
described in section 646(g) of the Department of Energy Organization Act
(42 U.S.C. 7256(g)), to the maximum extent practicable.
(c) Goal of Initiative- The goal of the initiative shall be to develop and
disseminate technologies, practices, and policies for the development and
establishment of zero net energy commercial buildings for--
(1) any commercial building newly constructed in the United States by
2030;
(2) 50 percent of the commercial building stock of the United States by
2040; and
(3) all commercial buildings in the United States by 2050.
(d) Components- In carrying out the initiative, the Commercial Director,
in consultation with the consortium, may--
(1) conduct research and development on building science, design,
materials, components, equipment and controls, operation and other
practices, integration, energy use measurement, and benchmarking;
(2) conduct pilot programs and demonstration projects to evaluate
replicable approaches to achieving energy efficient commercial buildings for
a variety of building types in a variety of climate zones;
(3) conduct deployment, dissemination, and technical assistance
activities to encourage widespread adoption of technologies, practices, and
policies to achieve energy efficient commercial buildings;
(4) conduct other research, development, demonstration, and deployment
activities necessary to achieve each goal of the initiative, as determined
by the Commercial Director, in consultation with the consortium;
(5) develop training materials and courses for building professionals
and trades on achieving cost-effective high-performance energy efficient
buildings;
(6) develop and disseminate public education materials to share
information on the benefits and cost-effectiveness of high-performance
energy efficient buildings;
(7) support code-setting organizations and State and local governments
in developing minimum performance standards in building codes that recognize
the ready availability of many technologies utilized in high-performance
energy efficient buildings;
(8) develop strategies for overcoming the split incentives between
builders and purchasers, and landlords and tenants, to ensure that energy
efficiency and high-performance investments are made that are cost-effective
on a lifecycle basis; and
(9) develop improved means of measurement and verification of energy
savings and performance for public dissemination.
(e) Cost Sharing- In carrying out this section, the Commercial Director
shall require cost sharing in accordance with section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352).
(f) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section--
(1) $20,000,000 for fiscal year 2008;
(2) $50,000,000 for each of fiscal years 2009 and 2010;
(3) $100,000,000 for each of fiscal years 2011 and 2012; and
(4) $200,000,000 for each of fiscal years 2013 through 2018.
SEC. 423. PUBLIC OUTREACH.
The Commercial Director and Federal Director, in coordination with the
Consortium, shall carry out public outreach to inform individuals and entities
of the information and services available governmentwide by--
(1) establishing and maintaining a national high-performance green
building clearinghouse, including on the Internet, that--
(A) identifies existing similar efforts and coordinates activities of
common interest; and
(B) provides information relating to high-performance green buildings,
including hyperlinks to Internet sites that describe the activities,
information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental and nonprofit
entities and organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources for implementing
high-performance green building practices, including security and emergency
benefits and practices;
(3) providing access to technical assistance, tools, and resources for
constructing high-performance green buildings, particularly tools to conduct
life-cycle costing and life-cycle assessment;
(4) providing information on application processes for certifying a
high-performance green building, including certification and
commissioning;
(5) providing to the public, through the Commercial Director, technical
and research information or other forms of assistance or advice that would
be useful in planning and constructing high-performance green
buildings;
(6) using such additional methods as are determined by the Commercial
Director to be appropriate to conduct public outreach;
(7) surveying existing research and studies relating to high-performance
green buildings; and
(8) coordinating activities of common interest.
Subtitle C--High-Performance Federal Buildings
SEC. 431. ENERGY REDUCTION GOALS 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. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL
BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is amended by adding at the end the following:
`(f) Use of Energy and Water Efficiency Measures in Federal Buildings-
`(1) DEFINITIONS- In this subsection:
`(A) COMMISSIONING- The term `commissioning', with respect to a
facility, means a systematic process--
`(i) of ensuring, using appropriate verification and documentation,
during the period beginning on the initial day of the design phase of
the facility and ending not earlier than 1 year after the date of
completion of construction of the facility, that all facility systems
perform interactively in accordance with--
`(I) the design documentation and intent of the facility;
and
`(II) the operational needs of the owner of the facility,
including preparation of operation personnel; and
`(ii) the primary goal of which is to ensure fully functional
systems that can be properly operated and maintained during the useful
life of the facility.
`(i) IN GENERAL- The term `energy manager', with respect to a
facility, means the individual who is responsible for--
`(I) ensuring compliance with this subsection by the facility;
and
`(II) reducing energy use at the facility.
`(ii) INCLUSIONS- The term `energy manager' may
include--
`(I) a contractor of a facility;
`(II) a part-time employee of a facility; and
`(III) an individual who is responsible for multiple
facilities.
`(i) IN GENERAL- The term `facility' means any building,
installation, structure, or other property (including any applicable
fixtures) owned or operated by, or constructed or manufactured and
leased to, the Federal Government.
`(ii) INCLUSIONS- The term `facility' includes--
`(I) a group of facilities at a single location or multiple
locations managed as an integrated operation; and
`(II) contractor-operated facilities owned by the Federal
Government.
`(iii) EXCLUSIONS- The term `facility' does not include any land or
site for which the cost of utilities is not paid by the Federal
Government.
`(D) LIFE CYCLE COST-EFFECTIVE- The term `life cycle cost-effective',
with respect to a measure, means a measure, the estimated savings of which
exceed the estimated costs over the lifespan of the measure, as determined
in accordance with section 544.
`(i) IN GENERAL- Subject to clause (ii), the term `payback period',
with respect to a measure, means a value equal to the quotient obtained
by dividing--
`(I) the estimated initial implementation cost of the measure
(other than financing costs); by
`(II) the annual cost savings resulting from the measure,
including--
`(aa) net savings in estimated energy and water costs; and
`(bb) operations, maintenance, repair, replacement, and other direct
costs.
`(ii) MODIFICATIONS AND EXCEPTIONS- The Secretary, in guidelines
issued pursuant to paragraph (6), may make such modifications and
provide such exceptions to the calculation of the payback period of a
measure as the Secretary determines to be appropriate to achieve the
purposes of this Act.
`(F) RECOMMISSIONING- The term `recommissioning' means a
process--
`(i) of commissioning a facility or system beyond the project
development and warranty phases of the facility or system;
and
`(ii) the primary goal of which is to ensure optimum performance of
a facility, in accordance with design or current operating needs, over
the useful life of the facility, while meeting building occupancy
requirements.
`(G) RETROCOMMISSIONING- The term `retrocommis-sioning' means a
process of commissioning a facility or system that was not commissioned at
the time of construction of the facility or system.
`(2) FACILITY ENERGY MANAGERS-
`(A) IN GENERAL- Each Federal agency shall designate an energy manager
responsible for implementing this subsection and reducing energy use at
each facility that meets criteria under subparagraph (B).
`(B) COVERED FACILITIES- The Secretary shall develop criteria, after
consultation with affected agencies, energy efficiency advocates, and
energy and utility service providers, that cover, at a minimum, Federal
facilities, including central utility plants and distribution systems and
other energy intensive operations, that constitute at least 75 percent of
facility energy use at each agency.
`(3) ENERGY AND WATER EVALUATIONS-
`(A) EVALUATIONS- Effective beginning on the date that is 180 days
after the date of enactment of this subsection and annually thereafter,
energy managers shall complete, for each calendar year, a comprehensive
energy and water evaluation for approximately 25 percent of the facilities
of each agency that meet the criteria under paragraph (2)(B) in a manner
that ensures that an evaluation of each such facility is completed at
least once every 4 years.
`(B) RECOMMISSIONING AND RETROCOMMISSIONING- As part of the evaluation
under subparagraph (A), the energy manager shall identify and assess
recommissioning measures (or, if the facility has never been commissioned,
retrocommissioning measures) for each such facility.
`(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER EFFICIENCY MEASURES-
Not later than 2 years after the completion of each evaluation under
paragraph (3), each energy manager may--
`(A) implement any energy- or water-saving measure that the Federal
agency identified in the evaluation conducted under paragraph (3) that is
life cycle cost-effective; and
`(B) bundle individual measures of varying paybacks together into
combined projects.
`(5) FOLLOW-UP ON IMPLEMENTED MEASURES- For each measure implemented
under paragraph (4), each energy manager shall ensure that--
`(A) equipment, including building and equipment controls, is fully
commissioned at acceptance to be operating at design
specifications;
`(B) a plan for appropriate operations, maintenance, and repair of the
equipment is in place at acceptance and is followed;
`(C) equipment and system performance is measured during its entire
life to ensure proper operations, maintenance, and repair; and
`(D) energy and water savings are measured and verified.
`(A) IN GENERAL- The Secretary shall issue guidelines and necessary
criteria that each Federal agency shall follow for implementation
of--
`(i) paragraphs (2) and (3) not later than 180 days after the date
of enactment of this subsection; and
`(ii) paragraphs (4) and (5) not later than 1 year after the date of
enactment of this subsection.
`(B) RELATIONSHIP TO FUNDING SOURCE- The guidelines issued by the
Secretary under subparagraph (A) shall be appropriate and uniform for
measures funded with each type of funding made available under paragraph
(10), but may distinguish between different types of measures project
size, and other criteria the Secretary determines are relevant.
`(7) WEB-BASED CERTIFICATION-
`(A) IN GENERAL- For each facility that meets the criteria established
by the Secretary under paragraph (2)(B), the energy manager shall use the
web-based tracking system under subparagraph (B) to certify compliance
with the requirements for--
`(i) energy and water evaluations under paragraph (3);
`(ii) implementation of identified energy and water measures under
paragraph (4); and
`(iii) follow-up on implemented measures under paragraph
(5).
`(i) IN GENERAL- Not later than 1 year after the date of enactment
of this subsection, the Secretary shall develop and deploy a web-based
tracking system required under this paragraph in a manner that tracks,
at a minimum--
`(I) the covered facilities;
`(II) the status of meeting the requirements specified in
subparagraph (A);
`(III) the estimated cost and savings for measures required to be
implemented in a facility;
`(IV) the measured savings and persistence of savings for
implemented measures; and
`(V) the benchmarking information disclosed under paragraph
(8)(C).
`(ii) EASE OF COMPLIANCE- The Secretary shall ensure that energy
manager compliance with the requirements in this paragraph, to the
maximum extent practicable--
`(I) can be accomplished with the use of streamlined procedures
and templates that minimize the time demands on Federal employees;
and
`(II) is coordinated with other applicable energy reporting
requirements.
`(i) IN GENERAL- Subject to clause (ii), the Secretary shall make
the web-based tracking system required under this paragraph available to
Congress, other Federal agencies, and the public through the
Internet.
`(ii) EXEMPTIONS- At the request of a Federal agency, the Secretary
may exempt specific data for specific facilities from disclosure under
clause (i) for national security purposes.
`(8) BENCHMARKING OF FEDERAL FACILITIES-
`(A) IN GENERAL- The energy manager shall enter energy use data for
each metered building that is (or is a part of) a facility that meets the
criteria established by the Secretary under paragraph (2)(B) into a
building energy use benchmarking system, such as the Energy Star Portfolio
Manager.
`(B) SYSTEM AND GUIDANCE- Not later than 1 year after the date of
enactment of this subsection, the Secretary shall--
`(i) select or develop the building energy use benchmarking system
required under this paragraph for each type of building; and
`(ii) issue guidance for use of the system.
`(C) PUBLIC DISCLOSURE- Each energy manager shall post the information
entered into, or generated by, a benchmarking system under this
subsection, on the web-based tracking system under paragraph (7)(B). The
energy manager shall update such information each year, and shall include
in such reporting previous years' information to allow changes in building
performance to be tracked over time.
`(9) FEDERAL AGENCY SCORECARDS-
`(A) IN GENERAL- The Director of the Office of Management and Budget
shall issue semiannual scorecards for energy management activities carried
out by each Federal agency that includes--
`(i) summaries of the status of implementing the various
requirements of the agency and its energy managers under this
subsection; and
`(ii) any other means of measuring performance that the Director
considers appropriate.
`(B) AVAILABILITY- The Director shall make the scorecards required
under this paragraph available to Congress, other Federal agencies, and
the public through the Internet.
`(10) FUNDING AND IMPLEMENTATION-
`(A) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this
subsection.
`(i) IN GENERAL- To carry out this subsection, a Federal agency may
use any combination of--
`(I) appropriated funds made available under subparagraph (A);
and
`(II) private financing otherwise authorized under Federal law,
including financing available through energy savings performance
contracts or utility energy service contracts.
`(ii) COMBINED FUNDING FOR SAME MEASURE- A Federal agency may use
any combination of appropriated funds and private financing described in
clause (i) to carry out the same measure under this
subsection.
`(C) IMPLEMENTATION- Each Federal agency may implement the
requirements under this subsection itself or may contract out performance
of some or all of the requirements.
`(11) RULE OF CONSTRUCTION- This subsection shall not be construed to
require or to obviate any contractor savings guarantees.'.
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.
(a) Standards- Section 305(a)(3) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)) is amended by adding at the end the following new
subparagraph:
`(D) Not later than 1 year after the date of enactment of the Energy
Independence and Security Act of 2007, the Secretary shall establish, by rule,
revised Federal building energy efficiency performance standards that require
that:
`(i) For new Federal buildings and Federal buildings undergoing major
renovations, with respect to which the Administrator of General Services is
required to transmit a prospectus to Congress under section 3307 of title
40, United States Code, in the case of public buildings (as defined in
section 3301 of title 40, United States Code), or of at least $2,500,000 in
costs adjusted annually for inflation for other buildings:
`(I) The buildings shall be designed so that the fossil fuel-generated
energy consumption of the buildings is reduced, as compared with such
energy consumption by a similar 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
2010 55
2015 65
2020 80
2025 90
2030 100.
-----------------------------------------------------
`(II) Upon petition by an agency subject to this subparagraph, the
Secretary may adjust the applicable numeric requirement under subclause
(I) downward with respect to a specific building, if the head of the
agency designing the building certifies in writing that meeting such
requirement would be technically impracticable in light of the agency's
specified functional needs for that building and the Secretary concurs
with the agency's conclusion. This subclause shall not apply to the
General Services Administration.
`(III) Sustainable design principles shall be applied to the siting,
design, and construction of such buildings. Not later than 90 days after
the date of enactment of the Energy Independence and Security Act of 2007,
the Secretary, after reviewing the findings of the Federal Director under
section 436(h) of that Act, in consultation with the Administrator of
General Services, and in consultation with the Secretary of Defense for
considerations relating to those facilities under the custody and control
of the Department of Defense, shall identify a certification system and
level for green buildings that the Secretary determines to be the most
likely to encourage a comprehensive and environmentally-sound approach to
certification of green buildings. The identification of the certification
system and level shall be based on a review of the Federal Director's
findings under section 436(h) of the Energy Independence and Security Act
of 2007 and the criteria specified in clause (iii), shall identify the
highest level the Secretary determines is appropriate above the minimum
level required for certification under the system selected, and shall
achieve results at least comparable to the system used by and highest
level referenced by the General Services Administration as of the date of
enactment of the Energy Independence and Security Act of 2007. Within 90
days of the completion of each study required by clause (iv), the
Secretary, in consultation with the Administrator of General Services, and
in consultation with the Secretary of Defense for considerations relating
to those facilities under the custody and control of the Department of
Defense, shall review and update the certification system and level,
taking into account the conclusions of such study.
`(ii) In establishing criteria for identifying major renovations that
are subject to the requirements of this subparagraph, the Secretary shall
take into account the scope, degree, and types of renovations that are
likely to provide significant opportunities for substantial improvements in
energy efficiency.
`(iii) In identifying the green building certification system and level,
the Secretary shall take into consideration--
`(I) the ability and availability of assessors and auditors to
independently verify the criteria and measurement of metrics at the scale
necessary to implement this subparagraph;
`(II) the ability of the applicable certification organization to
collect and reflect public comment;
`(III) the ability of the standard to be developed and revised through
a consensus-based process;
`(IV) an evaluation of the robustness of the criteria for a
high-performance green building, which shall give credit for
promoting--
`(aa) efficient and sustainable use of water, energy, and other
natural resources;
`(bb) use of renewable energy sources;
`(cc) improved indoor environmental quality through enhanced indoor
air quality, thermal comfort, acoustics, day lighting, pollutant source
control, and use of low-emission materials and building system controls;
and
`(dd) such other criteria as the Secretary determines to be
appropriate; and
`(V) national recognition within the building industry.
`(iv) At least once every 5 years, and in accordance with section 436 of
the Energy Independence and Security Act of 2007, the Administrator of
General Services shall conduct a study to evaluate and compare available
third-party green building certification systems and levels, taking into
account the criteria listed in clause (iii).
`(v) The Secretary may by rule allow Federal agencies to develop
internal certification processes, using certified professionals, in lieu of
certification by the certification entity identified under clause (i)(III).
The Secretary shall include in any such rule guidelines to ensure that the
certification process results in buildings meeting the applicable
certification system and level identified under clause (i)(III). An agency
employing an internal certification process must continue to obtain external
certification by the certification entity identified under clause (i)(III)
for at least 5 percent of the total number of buildings certified annually
by the agency.
`(vi) With respect to privatized military housing, the Secretary of
Defense, after consultation with the Secretary may, through rulemaking,
develop alternative criteria to those established by subclauses (I) and
(III) of clause (i) that achieve an equivalent result in terms of energy
savings, sustainable design, and green building performance.
`(vii) In addition to any use of water conservation technologies
otherwise required by this section, water conservation technologies shall be
applied to the extent that the technologies are life-cycle
cost-effective.'.
(b) Definitions- Section 303(6) of the Energy Conservation and Production
Act (42 U.S.C. 6832(6)) is amended by striking `which is not legally subject
to State or local building codes or similar requirements.' and inserting `.
Such term shall include buildings built for the purpose of being leased by a
Federal agency, and privatized military housing.'.
(c) Revision of Federal Acquisition Regulation- Not later than 2 years
after the date of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to require Federal officers and employees to
comply with this section and the amendments made by this section in the
acquisition, construction, or major renovation of any facility. The members of
the Federal Acquisition Regulatory Council (established under section 25 of
the Office of Federal Procurement Policy Act (41 U.S.C. 421)) shall consult
with the Federal Director and the Commercial Director before promulgating
regulations to carry out this subsection.
(d) Guidance- Not later than 90 days after the date of promulgation of the
revised regulations under subsection (c), the Administrator for Federal
Procurement Policy shall issue guidance to all Federal procurement executives
providing direction and instructions to renegotiate the design of proposed
facilities and major renovations for existing facilities to incorporate
improvements that are consistent with this section.
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.
(a) Large Capital Energy Investments- Section 543 of the National Energy
Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the
following:
`(f) Large Capital Energy Investments-
`(1) IN GENERAL- Each Federal agency shall ensure that any large capital
energy investment in an existing building that is not a major renovation but
involves replacement of installed equipment (such as heating and cooling
systems), or involves renovation, rehabilitation, expansion, or remodeling
of existing space, employs the most energy efficient designs, systems,
equipment, and controls that are life-cycle cost effective.
`(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS- Not later than 180 days
after the date of enactment of this subsection, each Federal agency
shall--
`(A) develop a process for reviewing each decision made on a large
capital energy investment described in paragraph (1) to ensure that the
requirements of this subsection are met; and
`(B) report to the Director of the Office of Management and Budget on
the process established.
`(3) COMPLIANCE REPORT- Not later than 1 year after the date of
enactment of this subsection, the Director of the Office of Management and
Budget shall evaluate and report to Congress on the compliance of each
agency with this subsection.'.
(b) Metering- Section 543(e)(1) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(e)(1)) is amended by inserting after the second sentence
the following: `Not later than October 1, 2016, each agency shall provide for
equivalent metering of natural gas and steam, in accordance with guidelines
established by the Secretary under paragraph (2).'.
SEC. 435. LEASING.
(a) In General- Except as provided in subsection (b), effective beginning
on the date that is 3 years after the date of enactment of this Act, no
Federal agency shall enter into a contract to lease space in a building that
has not earned the Energy Star label in the most recent year.
(1) APPLICATION- This subsection applies if--
(A) no space is available in a building described in subsection (a)
that meets the functional requirements of an agency, including locational
needs;
(B) the agency proposes to remain in a building that the agency has
occupied previously;
(C) the agency proposes to lease a building of historical,
architectural, or cultural significance (as defined in section 3306(a)(4)
of title 40, United States Code) or space in such a building; or
(D) the lease is for not more than 10,000 gross square feet of
space.
(2) BUILDINGS WITHOUT ENERGY STAR LABEL- If one of the conditions
described in paragraph (2) is met, the agency may enter into a contract to
lease space in a building that has not earned the Energy Star label in the
most recent year if the lease contract includes provisions requiring that,
prior to occupancy or, in the case of a contract described in paragraph
(1)(B), not later than 1 year after signing the contract, the space will be
renovated for all energy efficiency and conservation improvements that would
be cost effective over the life of the lease, including improvements in
lighting, windows, and heating, ventilation, and air conditioning
systems.
(c) Revision of Federal Acquisition Regulation-
(1) IN GENERAL- Not later than 3 years after the date of the enactment
of this Act, the Federal Acquisition Regulation described in section 6(a) of
the Office of Federal Procurement Policy Act (41 U.S.C. 405(a)) shall be
revised to require Federal officers and employees to comply with this
section in leasing buildings.
(2) CONSULTATION- The members of the Federal Acquisition Regulatory
Council established under section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) shall consult with the Federal Director and the
Commercial Director before promulgating regulations to carry out this
subsection.
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
(a) Establishment of Office- Not later than 60 days after the date of
enactment of this Act, the Administrator shall establish within the General
Services Administration an Office of Federal High-Performance Green Buildings,
and appoint an individual to serve as Federal Director in, a position in the
career-reserved Senior Executive service, to--
(1) establish and manage the Office of Federal High-Performance Green
Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Compensation- The compensation of the Federal Director shall not
exceed the maximum rate of basic pay for the Senior Executive Service under
section 5382 of title 5, United States Code, including any applicable
locality-based comparability payment that may be authorized under section
5304(h)(2)(C) of that title.
(c) Duties- The Federal Director shall--
(1) coordinate the activities of the Office of Federal High-Performance
Green Buildings with the activities of the Office of Commercial
High-Performance Green Buildings, and the Secretary, in accordance with
section 305(a)(3)(D) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)(3)(D));
(2) ensure full coordination of high-performance green building
information and activities within the General Services Administration and
all relevant agencies, including, at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense;
(G) the Department of Transportation;
(H) the National Institute of Standards and Technology; and
(I) the Office of Science and Technology Policy;
(3) establish a senior-level Federal Green Building Advisory Committee
under section 474, which shall provide advice and recommendations in
accordance with that section and subsection (d);
(4) identify and every 5 years reassess improved or higher rating
standards recommended by the Advisory Committee;
(5) ensure full coordination, dissemination of information regarding,
and promotion of the results of research and development information
relating to Federal high-performance green building initiatives;
(6) identify and develop Federal high-performance green building
standards for all types of Federal facilities, consistent with the
requirements of this subtitle and section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D));
(7) establish green practices that can be used throughout the life of a
Federal facility;
(8) review and analyze current Federal budget practices and life-cycle
costing issues, and make recommendations to Congress, in accordance with
subsection (d); and
(9) identify opportunities to demonstrate innovative and emerging green
building technologies and concepts.
(d) Additional Duties- The Federal Director, in consultation with the
Commercial Director and the Advisory Committee, and consistent with the
requirements of section 305(a)(3)(D) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)(D)) shall--
(1) identify, review, and analyze current budget and contracting
practices that affect achievement of high-performance green buildings,
including the identification of barriers to high-performance green building
life-cycle costing and budgetary issues;
(2) develop guidance and conduct training sessions with budget
specialists and contracting personnel from Federal agencies and budget
examiners to apply life-cycle cost criteria to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking; and
(4) explore the feasibility of incorporating the benefits of
high-performance green buildings, such as security benefits, into a
cost-budget analysis to aid in life-cycle costing for budget and
decisionmaking processes.
(e) Incentives- Within 90 days after the date of enactment of this Act,
the Federal Director shall identify incentives to encourage the expedited use
of high-performance green buildings and related technology in the operations
of the Federal Government, in accordance with the requirements of section
305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C.
6834(a)(3)(D)), including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in the annual
budgets of Federal agencies for use in reinvesting in future
high-performance green building initiatives.
(f) Report- Not later than 2 years after the date of enactment of this
Act, and biennially thereafter, the Federal Director, in consultation with the
Secretary, shall submit to Congress a report that--
(1) describes the status of compliance with this subtitle, the
requirements of section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), and other Federal high-performance
green building initiatives in effect as of the date of the report,
including--
(A) the extent to which the programs are being carried out in
accordance with this subtitle and the requirements of section 305(a)(3)(D)
of that Act; and
(B) the status of funding requests and appropriations for those
programs;
(2) identifies within the planning, budgeting, and construction process
all types of Federal facility procedures that may affect the certification
of new and existing Federal facilities as high-performance green buildings
under the provisions of section 305(a)(3)(D) of that Act and the criteria
established in subsection (h);
(3) identifies inconsistencies, as reported to the Advisory Committee,
in Federal law with respect to product acquisition guidelines and
high-performance product guidelines;
(4) recommends language for uniform standards for use by Federal
agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and Budget, reviews
the budget process for capital programs with respect to alternatives
for--
(A) restructuring of budgets to require the use of complete energy and
environmental cost accounting;
(B) using operations expenditures in budget-related decisions while
simultaneously incorporating productivity and health measures (as those
measures can be quantified by the Office of Federal High-Performance Green
Buildings, with the assistance of universities and national
laboratories);
(C) streamlining measures for permitting Federal agencies to retain
all identified savings accrued as a result of the use of life-cycle
costing for future high-performance green building initiatives;
and
(D) identifying short-term and long-term cost savings that accrue from
high-performance green buildings, including those relating to health and
productivity;
(6) identifies green, self-sustaining technologies to address the
operational needs of Federal facilities in times of national security
emergencies, natural disasters, or other dire emergencies;
(7) summarizes and highlights development, at the State and local level,
of high-performance green building initiatives, including executive orders,
policies, or laws adopted promoting high-performance green building
(including the status of implementation of those initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan for
implementation of each recommendation, described in paragraphs (1) through
(7).
(g) Implementation- The Office of Federal High-Performance Green Buildings
shall carry out each plan for implementation of recommendations under
subsection (f)(8).
(h) Identification of Certification System-
(1) IN GENERAL- For the purpose of this section, not later than 60 days
after the date of enactment of this Act, the Federal Director shall identify
and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a
certification system that the Director determines to be the most likely to
encourage a comprehensive and environmentally-sound approach to
certification of green buildings.
(2) BASIS- The system identified under paragraph (1) shall be based
on--
(A) a study completed every 5 years and provided to the Secretary
pursuant to section 305(a)(3)(D) of that Act, which shall be carried out
by the Federal Director to compare and evaluate standards;
(B) the ability and availability of assessors and auditors to
independently verify the criteria and measurement of metrics at the scale
necessary to implement this subtitle;
(C) the ability of the applicable standard-setting organization to
collect and reflect public comment;
(D) the ability of the standard to be developed and revised through a
consensus-based process;
(E) an evaluation of the robustness of the criteria for a
high-performance green building, which shall give credit for
promoting--
(i) efficient and sustainable use of water, energy, and other
natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through enhanced indoor
air quality, thermal comfort, acoustics, day lighting, pollutant source
control, and use of low-emission materials and building system
controls;
(iv) reduced impacts from transportation through building location
and site design that promote access by public transportation;
and
(v) such other criteria as the Federal Director determines to be
appropriate; and
(F) national recognition within the building industry.
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General- Not later than October 31 of each of the 2 fiscal years
following the fiscal year in which this Act is enacted, and at such times
thereafter as the Comptroller General of the United States determines to be
appropriate, the Comptroller General of the United States shall, with respect
to the fiscal years that have passed since the preceding report--
(1) conduct an audit of the implementation of this subtitle, section
305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C.
6834(a)(3)(D)), and section 435; and
(2) submit to the Federal Director, the Advisory Committee, the
Administrator, and Congress a report describing the results of the
audit.
(b) Contents- An audit under subsection (a) shall include a review, with
respect to the period covered by the report under subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues, using best
practices identified by the Comptroller General of the United States and
heads of other agencies in accordance with section 436(d);
(2) the level of coordination among the Federal Director, the Office of
Management and Budget, the Department of Energy, and relevant
agencies;
(3) the performance of the Federal Director and other agencies in
carrying out the implementation plan;
(4) the design stage of high-performance green building measures;
(5) high-performance building data that were collected and reported to
the Office; and
(6) such other matters as the Comptroller General of the United States
determines to be appropriate.
(c) Environmental Stewardship Scorecard- The Federal Director shall
consult with the Advisory Committee to enhance, and assist in the
implementation of, the Office of Management and Budget government efficiency
reports and scorecards under section 528 and the Environmental Stewardship
Scorecard announced at the White House summit on Federal sustainable buildings
in January 2006, to measure the implementation by each Federal agency of
sustainable design and green building initiatives.
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL DEVELOPMENT
PROJECTS.
The sponsor of any development or redevelopment project involving a
Federal facility with a footprint that exceeds 5,000 square feet shall use
site planning, design, construction, and maintenance strategies for the
property to maintain or restore, to the maximum extent technically feasible,
the predevelopment hydrology of the property with regard to the temperature,
rate, volume, and duration of flow.
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Definition of Administrator- In this section, the term `Administrator'
means the Administrator of General Services.
(1) IN GENERAL- The Administrator shall establish a program to
accelerate the use of more cost-effective technologies and practices at GSA
facilities.
(2) REQUIREMENTS- The program established under this subsection
shall--
(A) ensure centralized responsibility for the coordination of cost
reduction-related recommendations, practices, and activities of all
relevant Federal agencies;
(B) provide technical assistance and operational guidance to
applicable tenants to achieve the goal identified in subsection
(c)(2)(B)(ii);
(C) establish methods to track the success of Federal departments and
agencies with respect to that goal; and
(D) be fully coordinated with and no less stringent nor less
energy-conserving or water-conserving than required by other provisions of
this Act and other applicable law, including sections 321 through 324, 431
through 438, 461, 511 through 518, and 523 through 525 and amendments made
by those sections.
(c) Accelerated Use of Technologies-
(A) IN GENERAL- As part of the program under this section, not later
than 90 days after the date of enactment of this Act, the Administrator
shall conduct a review of--
(i) current use of cost-effective lighting technologies and
geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies and geothermal heat
pumps.
(B) REQUIREMENTS- The review under subparagraph (A) shall--
(i) examine the use of cost-effective lighting technologies,
geothermal heat pumps, and other cost-effective technologies and
practices by Federal agencies in GSA facilities; and
(ii) as prepared in consultation with the Administrator of the
Environmental Protection Agency, identify cost-effective lighting
technology and geothermal heat pump technology standards that could be
used for all types of GSA facilities.
(A) IN GENERAL- As part of the program under this section, not later
than 180 days after the date of enactment of this Act, the Administrator
shall establish, using available appropriations and programs implementing
sections 432 and 525 (and amendments made by those sections), a
cost-effective lighting technology and geothermal heat pump technology
acceleration program to achieve maximum feasible replacement of existing
lighting, heating, cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies in each GSA facility.
Such program shall fully comply with the requirements of sections 321
through 324, 431 through 438, 461, 511 through 518, and 523 through 525
and amendments made by those sections and any other provisions of law,
which shall be applicable to the extent that they are more stringent or
would achieve greater energy savings than required by this
section.
(B) ACCELERATION PLAN TIMETABLE-
(i) IN GENERAL- To implement the program established under
subparagraph (A), not later than 1 year after the date of enactment of
this Act, the Administrator shall establish a timetable of actions to
comply with the requirements of this section and sections 431 through
435, whichever achieves greater energy savings most expeditiously,
including milestones for specific activities needed to replace existing
lighting, heating, cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies, to the maximum
extent feasible (including at the maximum rate feasible), at each GSA
facility.
(ii) GOAL- The goal of the timetable under clause (i) shall be to
complete, using available appropriations and programs implementing
sections 431 through 435 (and amendments made by those sections),
maximum feasible replacement of existing lighting, heating, and cooling
technologies with cost-effective lighting technologies and geothermal
heat pump technologies consistent with the requirements of this section
and sections 431 through 435, whichever achieves greater energy savings
most expeditiously. Notwithstanding any provision of this section, such
program shall fully comply with the requirements of the Act including
sections 321 through 324, 431 through 438, 461, 511 through 518, and 523
through 525 and amendments made by those sections and other provisions
of law, which shall be applicable to the extent that they are more
stringent or would achieve greater energy or water savings than required
by this section.
(d) GSA Facility Technologies and Practices-
(1) IN GENERAL- Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Administrator shall--
(A) ensure that a manager responsible for implementing section 432 and
for accelerating the use of cost-effective technologies and practices is
designated for each GSA facility; and
(B) submit to Congress a plan to comply with section 432, this
section, and other applicable provisions of this Act and applicable law
with respect to energy and water conservation at GSA facilities.
(2) MEASURES- The plan shall implement measures required by such other
provisions of law in accordance with those provisions, and shall implement
the measures required by this section to the maximum extent feasible
(including at the maximum rate feasible) using available appropriations and
programs implementing sections 431 through 435 and 525 (and amendments made
by those sections), by not later than the date that is 5 years after the
date of enactment of this Act.
(3) CONTENTS OF PLAN- The plan shall--
(A) with respect to cost-effective technologies and
practices--
(i) identify the specific activities needed to comply with sections
431 through 435;
(ii) identify the specific activities needed to achieve at least a
20-percent reduction in operational costs through the application of
cost-effective technologies and practices from 2003 levels at GSA
facilities by not later than 5 years after the date of enactment of this
Act;
(iii) describe activities required and carried out to estimate the
funds necessary to achieve the reduction described in clauses (i) and
(ii);
(B) include an estimate of the funds necessary to carry out this
section;
(C) describe the status of the implementation of cost-effective
technologies and practices at GSA facilities, including--
(i) the extent to which programs, including the program established
under subsection (b), are being carried out in accordance with this
subtitle; and
(ii) the status of funding requests and appropriations for those
programs;
(D) identify within the planning, budgeting, and construction
processes, all types of GSA facility-related procedures that inhibit new
and existing GSA facilities from implementing cost-effective
technologies;
(E) recommend language for uniform standards for use by Federal
agencies in implementing cost-effective technologies and
practices;
(F) in coordination with the Office of Management and Budget, review
the budget process for capital programs with respect to alternatives
for--
(i) implementing measures that will assure that Federal agencies
retain all identified savings accrued as a result of the use of
cost-effective technologies, consistent with section 543(a)(1) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1), and other
applicable law; and
(ii) identifying short- and long-term cost savings that accrue from
the use of cost-effective technologies and practices;
(G) with respect to cost-effective technologies and practices, achieve
substantial operational cost savings through the application of the
technologies; and
(H) include recommendations to address each of the matters, and a plan
for implementation of each recommendation, described in subparagraphs (A)
through (G).
(4) ADMINISTRATION- Notwithstanding any provision of this section, the
program required under this section shall fully comply with the requirements
of sections 321 through 324, 431 through 438, 461, 511 through 518, and 523
through 525 and amendments made by those sections, which shall be applicable
to the extent that they are more stringent or would achieve greater energy
or water savings than required by this section.
(e) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section, to remain
available until expended.
SEC. 440. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out sections 434 through
439 and 482 $4,000,000 for each of fiscal years 2008 through 2012, to remain
available until expended.
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.
Section 544(a)(1) of the National Energy Conservation Policy Act (42
U.S.C. 8254(a)(1)) is amended by striking `25' and inserting `40'.
Subtitle D--Industrial Energy Efficiency
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.
(a) In General- Title III of the Energy Policy and Conservation Act (42
U.S.C. 6291 et seq.) is amended by inserting after part D the following:
`PART E--INDUSTRIAL ENERGY EFFICIENCY
`SEC. 371. DEFINITIONS.
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
`(2) COMBINED HEAT AND POWER- The term `combined heat and power system'
means a facility that--
`(A) simultaneously and efficiently produces useful thermal energy and
electricity; and
`(B) recovers not less than 60 percent of the energy value in the fuel
(on a higher-heating-value basis) in the form of useful thermal energy and
electricity.
`(3) NET EXCESS POWER- The term `net excess power' means, for any
facility, recoverable waste energy recovered in the form of electricity in
quantities exceeding the total consumption of electricity at the specific
time of generation on the site at which the facility is located.
`(4) PROJECT- The term `project' means a recoverable waste energy
project or a combined heat and power system project.
`(5) RECOVERABLE WASTE ENERGY- The term `recoverable waste energy' means
waste energy from which electricity or useful thermal energy may be
recovered through modification of an existing facility or addition of a new
facility.
`(6) REGISTRY- The term `Registry' means the Registry of Recoverable
Waste Energy Sources established under section 372(d).
`(7) USEFUL THERMAL ENERGY- The term `useful thermal energy' means
energy--
`(A) in the form of direct heat, steam, hot water, or other thermal
form that is used in production and beneficial measures for heating,
cooling, humidity control, process use, or other valid thermal end-use
energy requirements; and
`(B) for which fuel or electricity would otherwise be
consumed.
`(8) WASTE ENERGY- The term `waste energy' means--
`(A) exhaust heat or flared gas from any industrial process;
`(B) waste gas or industrial tail gas that would otherwise be flared,
incinerated, or vented;
`(C) a pressure drop in any gas, excluding any pressure drop to a
condenser that subsequently vents the resulting heat; and
`(D) such other forms of waste energy as the Administrator may
determine.
`(9) OTHER TERMS- The terms `electric utility', `nonregulated electric
utility', `State regulated electric utility', and other terms have the
meanings given those terms in title I of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2611 et seq.).
`SEC. 372. SURVEY AND REGISTRY.
`(a) Recoverable Waste Energy Inventory Program-
`(1) IN GENERAL- The Administrator, in cooperation with the Secretary
and State energy offices, shall establish a recoverable waste energy
inventory program.
`(2) SURVEY- The program shall include--
`(A) an ongoing survey of all major industrial and large commercial
combustion sources in the United States (as defined by the Administrator)
and the sites at which the sources are located; and
`(B) a review of each source for the quantity and quality of waste
energy produced at the source.
`(1) IN GENERAL- Not later than 270 days after the date of enactment of
the Energy Independence and Security Act of 2007, the Administrator shall
publish a rule for establishing criteria for including sites in the
Registry.
`(2) INCLUSIONS- The criteria shall include--
`(A) a requirement that, to be included in the Registry, a project at
the site shall be determined to be economically feasible by virtue of
offering a payback of invested costs not later than 5 years after the date
of first full project operation (including incentives offered under this
part);
`(B) standards to ensure that projects proposed for inclusion in the
Registry are not developed or used for the primary purpose of making sales
of excess electric power under the regulatory provisions of this part;
and
`(C) procedures for contesting the listing of any source or site on
the Registry by any State, utility, or other interested person.
`(c) Technical Support- On the request of the owner or operator of a
source or site included in the Registry, the Secretary shall--
`(1) provide to owners or operators of combustion sources technical
support; and
`(2) offer partial funding (in an amount equal to not more than one-half
of total costs) for feasibility studies to confirm whether or not investment
in recovery of waste energy or combined heat and power at a source would
offer a payback period of 5 years or less.
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
the Energy Independence and Security Act of 2007, the Administrator shall
establish a Registry of Recoverable Waste Energy Sources, and sites on
which the sources are located, that meet the criteria established under
subsection (b).
`(B) UPDATES; AVAILABILITY- The Administrator shall--
`(i) update the Registry on a regular basis; and
`(ii) make the Registry available to the public on the website of
the Environmental Protection Agency.
`(C) CONTESTING LISTING- Any State, electric utility, or other
interested person may contest the listing of any source or site by
submitting a petition to the Administrator.
`(A) IN GENERAL- The Administrator shall register and include on the
Registry all sites meeting the criteria established under subsection
(b).
`(B) QUANTITY OF RECOVERABLE WASTE ENERGY- The Administrator
shall--
`(i) calculate the total quantities of potentially recoverable waste
energy from sources at the sites, nationally and by State;
and
`(I) the total quantities described in clause (i);
and
`(II) information on the criteria pollutant and greenhouse gas
emissions savings that might be achieved with recovery of the waste
energy from all sources and sites listed on the
Registry.
`(3) AVAILABILITY OF INFORMATION-
`(A) IN GENERAL- The Administrator shall notify owners or operators of
recoverable waste energy sources and sites listed on the Registry prior to
publishing the listing.
`(B) DETAILED QUANTITATIVE INFORMATION-
`(i) IN GENERAL- Except as provided in clause (ii), the owner or
operator of a source at a site may elect to have detailed quantitative
information concerning the site not made public by notifying the
Administrator of the election.
`(ii) LIMITED AVAILABILITY- The information shall be made available
to--
`(I) the applicable State energy office; and
`(II) any utility requested to support recovery of waste energy
from the source pursuant to the incentives provided under section
374.
`(iii) STATE TOTALS- Information concerning the site shall be
included in the total quantity of recoverable waste energy for a State
unless there are fewer than 3 sites in the State.
`(4) REMOVAL OF PROJECTS FROM REGISTRY-
`(A) IN GENERAL- Subject to subparagraph (B), as a project achieves
successful recovery of waste energy, the Administrator shall--
`(i) remove the related sites or sources from the Registry;
and
`(ii) designate the removed projects as eligible for incentives
under section 374.
`(B) LIMITATION- No project shall be removed from the Registry without
the consent of the owner or operator of the project if--
`(i) the owner or operator has submitted a petition under section
374; and
`(ii) the petition has not been acted on or denied.
`(5) INELIGIBILITY OF CERTAIN SOURCES- The Administrator shall not list
any source constructed after the date of the enactment of the Energy
Independence and Security Act of 2007 on the Registry if the Administrator
determines that the source--
`(A) was developed for the primary purpose of making sales of excess
electric power under the regulatory provisions of this part; or
`(B) does not capture at least 60 percent of the total energy value of
the fuels used (on a higher-heating-value basis) in the form of useful
thermal energy, electricity, mechanical energy, chemical output, or any
combination thereof.
`(1) IN GENERAL- Subject to any procedures that are established by the
Administrator, an owner, operator, or third-party developer of a recoverable
waste energy project that qualifies under standards established by the
Administrator may self-certify the sites or sources of the owner, operator,
or developer to the Administrator for inclusion in the Registry.
`(2) REVIEW AND APPROVAL- To prevent a fraudulent listing, a site or
source shall be included on the Registry only if the Administrator reviews
and approves the self-certification.
`(f) New Facilities- As a new energy-consuming industrial facility is
developed after the date of enactment of the Energy Independence and Security
Act of 2007, to the extent the facility may constitute a site with recoverable
waste energy that may qualify for inclusion on the Registry, the Administrator
may elect to include the facility on the Registry, at the request of the
owner, operator, or developer of the facility, on a conditional basis with the
site to be removed from the Registry if the development ceases or the site
fails to qualify for listing under this part.
`(g) Optimum Means of Recovery- For each site listed in the Registry, at
the request of the owner or operator of the site, the Administrator shall
offer, in cooperation with Clean Energy Application Centers operated by the
Secretary of Energy, suggestions for optimum means of recovery of value from
waste energy stream in the form of electricity, useful thermal energy, or
other energy-related products.
`(h) Revision- Each annual report of a State under section 548(a) of the
National Energy Conservation Policy Act (42 U.S.C. 8258(a)) shall include the
results of the survey for the State under this section.
`(i) Authorization of Appropriations- There are authorized to be
appropriated to--
`(1) the Administrator to create and maintain the Registry and services
authorized by this section, $1,000,000 for each of fiscal years 2008 through
2012; and
`(A) to assist site or source owners and operators in determining the
feasibility of projects authorized by this section, $2,000,000 for each of
fiscal years 2008 through 2012; and
`(B) to provide funding for State energy office functions under this
section, $5,000,000.
`SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
`(a) Establishment- The Secretary shall establish in the Department of
Energy a waste energy recovery incentive grant program to provide incentive
grants to--
`(1) owners and operators of projects that successfully produce
electricity or incremental useful thermal energy from waste energy
recovery;
`(2) utilities purchasing or distributing the electricity; and
`(3) States that have achieved 80 percent or more of recoverable waste
heat recovery opportunities.
`(b) Grants to Projects and Utilities-
`(1) IN GENERAL- The Secretary shall make grants under this
section--
`(A) to the owners or operators of waste energy recovery projects;
and
`(B) in the case of excess power purchased or transmitted by a
electric utility, to the utility.
`(2) PROOF- Grants may only be made under this section on receipt of
proof of waste energy recovery or excess electricity generation, or both,
from the project in a form prescribed by the Secretary.
`(3) EXCESS ELECTRIC ENERGY-
`(A) IN GENERAL- In the case of waste energy recovery, a grant under
this section shall be made at the rate of $10 per megawatt hour of
documented electricity produced from recoverable waste energy (or by
prevention of waste energy in the case of a new facility) by the project
during the first 3 calendar years of production, beginning on or after the
date of enactment of the Energy Independence and Security Act of
2007.
`(B) UTILITIES- If the project produces net excess power and an
electric utility purchases or transmits the excess power, 50 percent of so
much of the grant as is attributable to the net excess power shall be paid
to the electric utility purchasing or transporting the net excess
power.
`(4) USEFUL THERMAL ENERGY- In the case of waste energy recovery that
produces useful thermal energy that is used for a purpose different from
that for which the project is principally designed, a grant under this
section shall be made to the owner or operator of the waste energy recovery
project at the rate of $10 for each 3,412,000 Btus of the excess thermal
energy used for the different purpose.
`(c) Grants to States- In the case of any State that has achieved 80
percent or more of waste heat recovery opportunities identified by the
Secretary under this part, the Administrator shall make a 1-time grant to the
State in an amount of not more than $1,000 per megawatt of waste-heat capacity
recovered (or a thermal equivalent) to support State-level programs to
identify and achieve additional energy efficiency.
`(d) Eligibility- The Secretary shall--
`(1) establish rules and guidelines to establish eligibility for grants
under subsection (b);
`(2) publicize the availability of the grant program known to owners or
operators of recoverable waste energy sources and sites listed on the
Registry; and
`(3) award grants under the program on the basis of the merits of each
project in recovering or preventing waste energy throughout the United
States on an impartial, objective, and not unduly discriminatory
basis.
`(e) Limitation- The Secretary shall not award grants to any person for a
combined heat and power project or a waste heat recovery project that
qualifies for specific Federal tax incentives for combined heat and power or
for waste heat recovery.
`(f) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary--
`(1) to make grants to projects and utilities under subsection
(b)--
`(A) $100,000,000 for fiscal year 2008 and $200,000,000 for each of
fiscal years 2009 through 2012; and
`(B) such additional amounts for fiscal year 2008 and each fiscal year
thereafter as may be necessary for administration of the waste energy
recovery incentive grant program; and
`(2) to make grants to States under subsection (b), $10,000,000 for each
of fiscal years 2008 through 2012, to remain available until expended.
`SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND PREVENTION OF
INDUSTRIAL WASTE ENERGY.
`(a) Consideration of Standard-
`(1) IN GENERAL- Not later than 180 days after the receipt by a State
regulatory authority (with respect to each electric utility for which the
authority has ratemaking authority), or nonregulated electric utility, of a
request from a project sponsor or owner or operator, the State regulatory
authority or nonregulated electric utility shall--
`(A) provide public notice and conduct a hearing respecting the
standard established by subsection (b); and
`(B) on the basis of the hearing, consider and make a determination
whether or not it is appropriate to implement the standard to carry out
the purposes of this part.
`(2) RELATIONSHIP TO STATE LAW- For purposes of any determination under
paragraph (1) and any review of the determination in any court, the purposes
of this section supplement otherwise applicable State law.
`(3) NONADOPTION OF STANDARD- Nothing in this part prohibits any State
regulatory authority or nonregulated electric utility from making any
determination that it is not appropriate to adopt any standard described in
paragraph (1), pursuant to authority under otherwise applicable State
law.
`(b) Standard for Sales of Excess Power- For purposes of this section, the
standard referred to in subsection (a) shall provide that an owner or operator
of a waste energy recovery project identified on the Registry that generates
net excess power shall be eligible to benefit from at least 1 of the options
described in subsection (c) for disposal of the net excess power in accordance
with the rate conditions and limitations described in subsection (d).
`(c) Options- The options referred to in subsection (b) are as follows:
`(1) SALE OF NET EXCESS POWER TO UTILITY- The electric utility shall
purchase the net excess power from the owner or operator of the eligible
waste energy recovery project during the operation of the project under a
contract entered into for that purpose.
`(2) TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD PARTY- The electric
utility shall transmit the net excess power on behalf of the project owner
or operator to up to 3 separate locations on the system of the utility for
direct sale by the owner or operator to third parties at those
locations.
`(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES- The State and the
electric utility shall permit, and shall waive or modify such laws as would
otherwise prohibit, the construction and operation of private electric wires
constructed, owned, and operated by the project owner or operator, to
transport the power to up to 3 purchasers within a 3-mile radius of the
project, allowing the wires to use or cross public rights-of-way, without
subjecting the project to regulation as a public utility, and according the
wires the same treatment for safety, zoning, land use, and other legal
privileges as apply or would apply to the wires of the utility, except
that--
`(A) there shall be no grant of any power of eminent domain to take or
cross private property for the wires; and
`(B) the wires shall be physically segregated and not interconnected
with any portion of the system of the utility, except on the customer side
of the revenue meter of the utility and in a manner that precludes any
possible export of the electricity onto the utility system, or disruption
of the system.
`(4) AGREED ON ALTERNATIVES- The utility and the owner or operator of
the project may reach agreement on any alternate arrangement and payments or
rates associated with the arrangement that is mutually satisfactory and in
accord with State law.
`(d) Rate Conditions and Criteria-
`(1) DEFINITIONS- In this subsection:
`(A) PER UNIT DISTRIBUTION COSTS- The term `per unit distribution
costs' means (in kilowatt hours) the quotient obtained by
dividing--
`(i) the depreciated book-value distribution system costs of a
utility; by
`(ii) the volume of utility electricity sales or transmission during
the previous year at the distribution level.
`(B) PER UNIT DISTRIBUTION MARGIN- The term `per unit distribution
margin' means--
`(i) in the case of a State-regulated electric utility, a per-unit
gross pretax profit equal to the product obtained by
multiplying--
`(I) the State-approved percentage rate of return for the utility
for distribution system assets; by
`(II) the per unit distribution costs; and
`(ii) in the case of a nonregulated utility, a per unit contribution
to net revenues determined multiplying--
`(I) the percentage (but not less than 10 percent) obtained by
dividing--
`(aa) the amount of any net revenue payment or contribution to the
owners or subscribers of the nonregulated utility during the prior year;
by
`(bb) the gross revenues of the utility during the prior year to
obtain a percentage; by
`(II) the per unit distribution costs.
`(C) PER UNIT TRANSMISSION COSTS- The term `per unit transmission
costs' means the total cost of those transmission services purchased or
provided by a utility on a per-kilowatt-hour basis as included in the
retail rate of the utility.
`(2) OPTIONS- The options described in paragraphs (1) and (2) in
subsection (c) shall be offered under purchase and transport rate conditions
that reflect the rate components defined under paragraph (1) as applicable
under the circumstances described in paragraph (3).
`(A) RATES APPLICABLE TO SALE OF NET EXCESS POWER-
`(i) IN GENERAL- Sales made by a project owner or operator of a
facility under the option described in subsection (c)(1) shall be paid
for on a per kilowatt hour basis that shall equal the full undiscounted
retail rate paid to the utility for power purchased by the facility
minus per unit distribution costs, that applies to the type of utility
purchasing the power.
`(ii) VOLTAGES EXCEEDING 25 KILOVOLTS- If the net excess power is
made available for purchase at voltages that must be transformed to or
from voltages exceeding 25 kilovolts to be available for resale by the
utility, the purchase price shall further be reduced by per unit
transmission costs.
`(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD
PARTIES-
`(i) IN GENERAL- Transportation by utilities of power on behalf of
the owner or operator of a project under the option described in
subsection (c)(2) shall incur a transportation rate that shall equal the
per unit distribution costs and per unit distribution margin, that
applies to the type of utility transporting the power.
`(ii) VOLTAGES EXCEEDING 25 KILOVOLTS- If the net excess power is
made available for transportation at voltages that must be transformed
to or from voltages exceeding 25 kilovolts to be transported to the
designated third-party purchasers, the transport rate shall further be
increased by per unit transmission costs.
`(iii) STATES WITH COMPETITIVE RETAIL MARKETS FOR ELECTRICITY- In a
State with a competitive retail market for electricity, the applicable
transportation rate for similar transportation shall be applied in lieu
of any rate calculated under this paragraph.
`(A) IN GENERAL- Any rate established for sale or transportation under
this section shall--
`(i) be modified over time with changes in the underlying costs or
rates of the electric utility; and
`(ii) reflect the same time-sensitivity and billing periods as are
established in the retail sales or transportation rates offered by the
utility.
`(B) LIMITATION- No utility shall be required to purchase or transport
a quantity of net excess power under this section that exceeds the
available capacity of the wires, meter, or other equipment of the electric
utility serving the site unless the owner or operator of the project
agrees to pay necessary and reasonable upgrade costs.
`(e) Procedural Requirements for Consideration and Determination-
`(1) PUBLIC NOTICE AND HEARING-
`(A) IN GENERAL- The consideration referred to in subsection (a) shall
be made after public notice and hearing.
`(B) ADMINISTRATION- The determination referred to in subsection (a)
shall be--
`(ii) based on findings included in the determination and on the
evidence presented at the hearing; and
`(iii) available to the public.
`(2) INTERVENTION BY ADMINISTRATOR- The Administrator may intervene as a
matter of right in a proceeding conducted under this section--
`(i) the energy and emissions likely to be saved by electing to
adopt 1 or more of the options; and
`(ii) the costs and benefits to ratepayers and the utility;
and
`(B) to advocate for the waste-energy recovery opportunity.
`(A) IN GENERAL- Except as otherwise provided in paragraphs (1) and
(2), the procedures for the consideration and determination referred to in
subsection (a) shall be the procedures established by the State regulatory
authority or the nonregulated electric utility.
`(B) MULTIPLE PROJECTS- If there is more than 1 project seeking
consideration simultaneously in connection with the same utility, the
proceeding may encompass all such projects, if full attention is paid to
individual circumstances and merits and an individual judgment is reached
with respect to each project.
`(1) IN GENERAL- The State regulatory authority (with respect to each
electric utility for which the authority has ratemaking authority) or
nonregulated electric utility may, to the extent consistent with otherwise
applicable State law--
`(A) implement the standard determined under this section; or
`(B) decline to implement any such standard.
`(2) NONIMPLEMENTATION OF STANDARD-
`(A) IN GENERAL- If a State regulatory authority (with respect to each
electric utility for which the authority has ratemaking authority) or
nonregulated electric utility declines to implement any standard
established by this section, the authority or nonregulated electric
utility shall state in writing the reasons for declining to implement the
standard.
`(B) AVAILABILITY TO PUBLIC- The statement of reasons shall be
available to the public.
`(C) ANNUAL REPORT- The Administrator shall include in an annual
report submitted to Congress a description of the lost opportunities for
waste-heat recovery from the project described in subparagraph (A),
specifically identifying the utility and stating the quantity of lost
energy and emissions savings calculated.
`(D) NEW PETITION- If a State regulatory authority (with respect to
each electric utility for which the authority has ratemaking authority) or
nonregulated electric utility declines to implement the standard
established by this section, the project sponsor may submit a new petition
under this section with respect to the project at any time after the date
that is 2 years after the date on which the State regulatory authority or
nonregulated utility declined to implement the standard.
`SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
`(1) IN GENERAL- The Combined Heat and Power Application Centers of the
Department of Energy are redesignated as Clean Energy Application
Centers.
`(2) REFERENCES- Any reference in any law, rule, regulation, or
publication to a Combined Heat and Power Application Center shall be treated
as a reference to a Clean Energy Application Center.
`(1) IN GENERAL- In order to better coordinate efforts with the separate
Industrial Assessment Centers and to ensure that the energy efficiency and,
when applicable, the renewable nature of deploying mature clean energy
technology is fully accounted for, the Secretary shall relocate the
administration of the Clean Energy Application Centers to the Office of
Energy Efficiency and Renewable Energy within the Department of
Energy.
`(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY- The Office
of Electricity Delivery and Energy Reliability shall--
`(A) continue to perform work on the role of technology described in
paragraph (1) in support of the grid and the reliability and security of
the technology; and
`(B) shall assist the Clean Energy Application Centers in the work of
the Centers with regard to the grid and with electric utilities.
`(1) IN GENERAL- The Secretary shall make grants to universities,
research centers, and other appropriate institutions to ensure the continued
operations and effectiveness of 8 Regional Clean Energy Application Centers
in each of the following regions (as designated for such purposes as of the
date of the enactment of the Energy Independence and Security Act of
2007):
`(2) ESTABLISHMENT OF GOALS AND COMPLIANCE- In making grants under this
subsection, the Secretary shall ensure that sufficient goals are established
and met by each Center throughout the program duration concerning outreach
and technology deployment.
`(1) IN GENERAL- Each Clean Energy Application Center shall--
`(A) operate a program to encourage deployment of clean energy
technologies through education and outreach to building and industrial
professionals; and other individuals and organizations with an interest in
efficient energy use; and
`(B) provide project specific support to building and industrial
professionals through assessments and advisory activities.
`(2) TYPES OF ACTIVITIES- Funds made available under this section may be
used--
`(A) to develop and distribute informational materials on clean energy
technologies, including continuation of the 8 websites in existence on the
date of enactment of the Energy Independence and Security Act of
2007;
`(B) to develop and conduct target market workshops, seminars,
Internet programs, and other activities to educate end users, regulators,
and stakeholders in a manner that leads to the deployment of clean energy
technologies;
`(C) to provide or coordinate onsite assessments for sites and
enterprises that may consider deployment of clean energy
technology;
`(D) to perform market research to identify high profile candidates
for clean energy deployment;
`(E) to provide consulting support to sites considering deployment of
clean energy technologies;
`(F) to assist organizations developing clean energy technologies to
overcome barriers to deployment; and
`(G) to assist companies and organizations with performance
evaluations of any clean energy technology implemented.
`(1) IN GENERAL- A grant awarded under this section shall be for a
period of 5 years
`(2) ANNUAL EVALUATIONS- Each grant shall be evaluated annually for the
continuation of the grant based on the activities and results of the
grant.
`(f) Authorization- There is authorized to be appropriated to carry out
this section $10,000,000 for each of fiscal years 2008 through 2012.'.
(b) Table of Contents- The table of contents of the Energy Policy and
Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the
items relating to part D of title III the following:
`Part E--Industrial Energy Efficiency
`Sec. 372. Survey and Registry.
`Sec. 373. Waste energy recovery incentive grant program.
`Sec. 374. Additional incentives for recovery, utilization and
prevention of industrial waste energy.
`Sec. 375. Clean Energy Application Centers.'.
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) an energy-intensive industry;
(B) a national trade association representing an energy-intensive
industry; or
(C) a person acting on behalf of 1 or more energy-intensive industries
or sectors, as determined by the Secretary.
(2) ENERGY-INTENSIVE INDUSTRY- The term `energy-intensive industry'
means an industry that uses significant quantities of energy as part of its
primary economic activities, including--
(A) information technology, including data centers containing
electrical equipment used in processing, storing, and transmitting digital
information;
(B) consumer product manufacturing;
(D) materials manufacturers, including--
(iii) forest and paper products;
(E) other energy-intensive industries, as determined by the
Secretary.
(3) FEEDSTOCK- The term `feedstock' means the raw material supplied for
use in manufacturing, chemical, and biological processes.
(4) PARTNERSHIP- The term `partnership' means an energy efficiency
partnership established under subsection (c)(1)(A).
(5) PROGRAM- The term `program' means the energy-intensive industries
program established under subsection (b).
(b) Establishment of Program- The Secretary shall establish a program
under which the Secretary, in cooperation with energy-intensive industries and
national industry trade associations representing the energy-intensive
industries, shall support, research, develop, and promote the use of new
materials processes, technologies, and techniques to optimize energy
efficiency and the economic competitiveness of the United States' industrial
and commercial sectors.
(1) IN GENERAL- As part of the program, the Secretary shall establish
energy efficiency 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 the energy efficiency of equipment and processes used by
energy-intensive industries, including the conduct of activities to--
(A) increase the energy efficiency of industrial processes and
facilities;
(B) research, develop, and demonstrate advanced technologies capable
of energy intensity reductions and increased environmental performance;
and
(C) promote the use of the processes, technologies, and techniques
described in subparagraphs (A) and (B).
(2) ELIGIBLE ACTIVITIES- Partnership activities eligible for funding
under this subsection include--
(A) feedstock and recycling research, development, and demonstration
activities to identify and promote--
(i) opportunities for meeting industry 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) research to develop and demonstrate technologies and processes
that utilize alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
(C) research to achieve energy efficiency in steam, power, control
system, and process heat technologies, and in other manufacturing
processes; and
(D) 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;
(E) the incorporation of technologies and innovations that would
significantly improve the energy efficiency and utilization of
energy-intensive commercial applications; and
(F) any other activities that the Secretary determines to be
appropriate.
(A) IN GENERAL- To be eligible for funding 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 funding 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) Grants- The Secretary may award competitive grants for innovative
technology research, development and demonstrations to universities,
individual inventors, and small companies, based on energy savings potential,
commercial viability, and technical merit.
(e) Institution of Higher Education-Based Industrial Research and
Assessment Centers- The Secretary shall provide funding to institution of
higher education-based industrial research and assessment centers, whose
purpose shall be--
(1) to identify opportunities for optimizing energy efficiency and
environmental performance;
(2) to promote applications of emerging concepts and technologies in
small- and medium-sized manufacturers;
(3) to promote research and development for the use of alternative
energy sources to supply heat, power, and new feedstocks for
energy-intensive industries;
(4) to coordinate with appropriate Federal and State research offices,
and provide a clearinghouse for industrial process and energy efficiency
technical assistance resources; and
(5) to coordinate with State-accredited technical training centers and
community colleges, while ensuring appropriate services to all regions of
the United States.
(f) 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).
(3) COORDINATION AND NONDUPLICATION- The Secretary shall coordinate
efforts under this section with other programs of the Department and other
Federal agencies to avoid duplication of effort.
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) Definitions- In this section:
(1) DATA CENTER- The term `data center' means any facility that
primarily contains electronic equipment used to process, store, and transmit
digital information, which may be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses environmental
control equipment to maintain the proper conditions for the operation of
electronic equipment.
(2) DATA CENTER OPERATOR- The term `data center operator' means any
person or government entity that builds or operates a data center or
purchases data center services, equipment, and facilities.
(b) Voluntary National Information Program-
(1) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary and the Administrator of the Environmental
Protection Agency shall, after consulting with information technology
industry and other interested parties, initiate a voluntary national
information program for those types of data centers and data center
equipment and facilities that are widely used and for which there is a
potential for significant data center energy savings as a result of the
program.
(2) REQUIREMENTS- The program described in paragraph (1) shall--
(A) address data center efficiency holistically, reflecting the total
energy consumption of data centers as whole systems, including both
equipment and facilities;
(B) consider prior work and studies undertaken in this area, including
by the Environmental Protection Agency and the Department of
Energy;
(C) consistent with the objectives described in paragraph (1),
determine the type of data center and data center equipment and facilities
to be covered under the program;
(D) produce specifications, measurements, best practices, and
benchmarks that will enable data center operators to make more informed
decisions about the energy efficiency and costs of data centers, and that
take into account--
(i) the performance and use of servers, data storage devices, and
other information technology equipment;
(ii) the efficiency of heating, ventilation, and air conditioning,
cooling, and power conditioning systems, provided that no modification
shall be required of a standard then in effect under the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating,
ventilation, air-conditioning, cooling or power-conditioning
product;
(iii) energy savings from the adoption of software and data
management techniques; and
(iv) other factors determined by the organization described in
subsection (c);
(E) allow for creation of separate specifications, measurements, and
benchmarks based on data center size and function, as well as other
appropriate characteristics;
(F) advance the design and implementation of efficiency technologies
to the maximum extent economically practical;
(G) provide to data center operators in the private sector and the
Federal Government information about best practices and purchasing
decisions that reduce the energy consumption of data centers; and
(H) publish the information described in subparagraph (G), which may
be disseminated through catalogs, trade publications, the Internet, or
other mechanisms, that will allow data center operators to assess the
energy consumption and potential cost savings of alternative data centers
and data center equipment and facilities.
(3) PROCEDURES- The program described in paragraph (1) shall be
developed in consultation with and coordinated by the organization described
in subsection (c) according to commonly accepted procedures for the
development of specifications, measurements, and benchmarks.
(c) Data Center Efficiency Organization-
(1) IN GENERAL- After the establishment of the program described in
subsection (b), the Secretary and the Administrator shall jointly designate
an information technology industry organization to consult with and to
coordinate the program.
(2) REQUIREMENTS- The organization designated under paragraph (1),
whether preexisting or formed specifically for the purposes of subsection
(b), shall--
(A) consist of interested parties that have expertise in energy
efficiency and in the development, operation, and functionality of
computer data centers, information technology equipment, and software, as
well as representatives of hardware manufacturers, data center operators,
and facility managers;
(B) obtain and address input from Department of Energy National
Laboratories or any college, university, research institution, industry
association, company, or public interest group with applicable expertise
in any of the areas listed in paragraph (1);
(C) follow commonly accepted procedures for the development of
specifications and accredited standards development processes;
(D) have a mission to develop and promote energy efficiency for data
centers and information technology; and
(E) have the primary responsibility to consult in the development and
publishing of the information, measurements, and benchmarks described in
subsection (b) and transmission of the information to the Secretary and
the Administrator for consideration under subsection (d).
(d) Measurements and Specifications-
(1) IN GENERAL- The Secretary and the Administrator shall consider the
specifications, measurements, and benchmarks described in subsection (b) for
use by the Federal Energy Management Program, the Energy Star Program, and
other efficiency programs of the Department of Energy and Environmental
Protection Agency, respectively.
(2) REJECTIONS- If the Secretary or the Administrator rejects 1 or more
specifications, measurements, or benchmarks described in subsection (b), the
rejection shall be made consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public
Law 104-113).
(3) DETERMINATION OF IMPRACTICABILITY- A determination that a
specification, measurement, or benchmark described in subsection (b) is
impractical may include consideration of the maximum efficiency that is
technologically feasible and economically justified.
(e) Monitoring- The Secretary and the Administrator shall--
(1) monitor and evaluate the efforts to develop the program described in
subsection (b); and
(2) not later than 3 years after the date of enactment of this Act, make
a determination as to whether the program is consistent with the objectives
of subsection (b).
(f) Alternative System- If the Secretary and the Administrator make a
determination under subsection (e) that a voluntary national information
program for data centers consistent with the objectives of subsection (b) has
not been developed, the Secretary and the Administrator shall, after
consultation with the National Institute of Standards and Technology and not
later than 2 years after the determination, develop and implement the program
under subsection (b).
(g) Protection of Proprietary Information- The Secretary, the
Administrator, or the data center efficiency organization shall not disclose
any proprietary information or trade secrets provided by any individual or
company for the purposes of carrying out this section or the program
established under this section.
Subtitle E--Healthy High-Performance Schools
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.
(a) Amendment- The Toxic Substances Control Act (15 U.S.C. 2601 et seq.)
is amended by adding at the end the following new title:
`TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
`SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
`(a) In General- The Administrator, in consultation with the Secretary of
Education, may provide grants to States for use in--
`(1) providing technical assistance for programs of the Environmental
Protection Agency (including the Tools for Schools Program and the Healthy
School Environmental Assessment Tool) to schools for use in addressing
environmental issues; and
`(2) development and implementation of State school environmental health
programs that include--
`(A) standards for school building design, construction, and
renovation; and
`(B) identification of ongoing school building environmental problems,
including contaminants, hazardous substances, and pollutant emissions, in
the State and recommended solutions to address those problems, including
assessment of information on the exposure of children to environmental
hazards in school facilities.
`(b) Sunset- The authority of the Administrator to carry out this section
shall expire 5 years after the date of enactment of this section.
`SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
`Not later than 18 months after the date of enactment of this section, the
Administrator, in consultation with the Secretary of Education and the
Secretary of Health and Human Services, shall issue voluntary school site
selection guidelines that account for--
`(1) the special vulnerability of children to hazardous substances or
pollution exposures in any case in which the potential for contamination at
a potential school site exists;
`(2) modes of transportation available to students and staff;
`(3) the efficient use of energy; and
`(4) the potential use of a school at the site as an emergency
shelter.
`SEC. 503. PUBLIC OUTREACH.
`(a) Reports- The Administrator shall publish and submit to Congress an
annual report on all activities carried out under this title, until the
expiration of authority described in section 501(b).
`(b) Public Outreach- The Federal Director appointed under section 436(a)
of the Energy Independence and Security Act of 2007 (in this title referred to
as the `Federal Director') shall ensure, to the maximum extent practicable,
that the public clearinghouse established under section 423(1) of the Energy
Independence and Security Act of 2007 receives and makes available information
on the exposure of children to environmental hazards in school facilities, as
provided by the Administrator.
`SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.
`(a) In General- Not later than 2 years after the date of enactment of
this section, the Administrator, in consultation with the Secretary of
Education, the Secretary of Health and Human Services, and other relevant
agencies, shall issue voluntary guidelines for use by the State in developing
and implementing an environmental health program for schools that--
`(1) takes into account the status and findings of Federal initiatives
established under this title or subtitle C of title IV o