S 1419 PCS
Calendar No. 156
110th CONGRESS
1st Session
S. 1419
To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to protect
consumers from price gouging, to increase the energy 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.
IN THE SENATE OF THE UNITED STATES
May 17, 2007
Mr. REID introduced the following bill; which was read twice and ordered to
be placed on the calendar
A BILL
To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to protect
consumers from price gouging, to increase the energy 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 `Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Relationship to other law.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.
Subtitle B--Renewable Fuels Infrastructure
Sec. 121. Infrastructure pilot program for renewable fuels.
Sec. 122. Bioenergy research and development.
Sec. 123. Bioresearch centers for systems biology program.
Sec. 124. Loan guarantees for renewable fuel facilities.
Sec. 125. Grants for renewable fuel production research and development
in certain States.
Sec. 126. Grants for infrastructure for transportation of biomass to
local biorefineries.
Sec. 127. Biorefinery information center.
Sec. 128. Alternative fuel database and materials.
Sec. 129. Fuel tank cap labeling requirement.
Subtitle C--Studies
Sec. 141. Study of advanced biofuels technologies.
Sec. 142. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 143. Pipeline feasibility study.
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 145. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 146. Study of engine durability associated with the use of
biodiesel.
Sec. 147. Study of incentives for renewable fuels.
Sec. 148. Study of streamlined lifecycle analysis tools for the
evaluation of renewable carbon content of biofuels.
Sec. 149. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 150. Study of effects of ethanol-blended gasoline on off road
vehicles.
TITLE II--ENERGY EFFICIENCY PROMOTION
Sec. 202. Definition of Secretary.
Subtitle A--Promoting Advanced Lighting Technologies
Sec. 211. Accelerated procurement of energy efficient lighting.
Sec. 212. Incandescent reflector lamp efficiency standards.
Sec. 213. Bright Tomorrow Lighting Prizes.
Sec. 214. Sense of Senate concerning efficient lighting standards.
Sec. 215. Renewable energy construction grants.
Subtitle B--Expediting New Energy Efficiency Standards
Sec. 221. Definition of energy conservation standard.
Sec. 222. Regional efficiency standards for heating and cooling
products.
Sec. 223. Furnace fan rulemaking.
Sec. 224. Expedited rulemakings.
Sec. 225. Periodic reviews.
Sec. 226. Energy efficiency labeling for consumer products.
Sec. 227. Residential boiler efficiency standards.
Sec. 228. Technical corrections.
Sec. 229. Electric motor efficiency standards.
Sec. 230. Energy standards for home appliances.
Sec. 231. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 232. Deployment of new technologies for high-efficiency consumer
products.
Sec. 233. Industrial efficiency program.
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
Sec. 241. Lightweight materials research and development.
Sec. 242. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 243. Advanced technology vehicles manufacturing incentive
program.
Sec. 244. Energy storage competitiveness.
Sec. 245. Advanced transportation technology program.
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. National goals for energy savings in transportation.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and Renewable
Energy
Sec. 261. Federal fleet conservation requirements.
Sec. 262. Federal requirement to purchase electricity generated by
renewable energy.
Sec. 263. Energy savings performance contracts.
Sec. 264. Energy management requirements for Federal buildings.
Sec. 265. Combined heat and power and district energy installations at
Federal sites.
Sec. 266. Federal building energy efficiency performance
standards.
Sec. 267. Application of International Energy Conservation Code to
public and assisted housing.
Sec. 268. Energy efficient commercial buildings initiative.
Subtitle F--Assisting State and Local Governments in Energy Efficiency
Sec. 271. Weatherization assistance for low-income persons.
Sec. 272. State energy conservation plans.
Sec. 273. Utility energy efficiency programs.
Sec. 274. Energy efficiency and demand response program
assistance.
Sec. 275. Energy and environmental block grant.
Sec. 276. Energy sustainability and efficiency grants for institutions
of higher education.
Sec. 277. Workforce training.
Sec. 278. Assistance to States to reduce school bus idling.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 302. Carbon capture and storage research, development, and
demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
Sec. 402. Cost-effective technology acceleration program.
Sec. 403. Environmental Protection Agency demonstration grant program
for local governments.
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
Sec. 502. Average fuel economy standards for automobiles, medium-duty
trucks, and heavy duty trucks.
Sec. 503. Amending fuel economy standards.
Sec. 505. Ensuring safety of automobiles.
Sec. 506. Credit trading program.
Sec. 507. Labels for fuel economy and greenhouse gas emissions.
Sec. 508. Continued applicability of existing standards.
Sec. 509. National Academy of Sciences studies.
Sec. 510. Standards for Executive agency automobiles.
Sec. 511. Ensuring availability of flexible fuel automobiles.
Sec. 512. Increasing consumer awareness of flexible fuel
automobiles.
Sec. 513. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 514. Tire fuel efficiency consumer information.
Sec. 515. Advanced Battery Initiative.
Sec. 516. Biodiesel standards.
Sec. 517. Use of civil penalties for research and development.
Sec. 518. Authorization of appropriations.
TITLE VI--PRICE GOUGING
Sec. 603. Prohibition on price gouging during Energy emergencies.
Sec. 604. Prohibition on market manipulation.
Sec. 605. Prohibition on false information.
Sec. 606. Presidential declaration of Energy emergency.
Sec. 607. Enforcement by the Federal Trade Commission.
Sec. 608. Enforcement by State Attorneys General.
Sec. 610. Effect on other laws.
TITLE VII--ENERGY DIPLOMACY AND SECURITY
Sec. 703. Sense of Congress on energy diplomacy and security.
Sec. 704. Strategic energy partnerships.
Sec. 705. International energy crisis response mechanisms.
Sec. 706. Hemisphere energy cooperation forum.
Sec. 707. Appropriate congressional committees defined.
SEC. 2. 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--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
SEC. 101. SHORT TITLE.
This title may be cited as the `Biofuels for Energy Security and
Transportation Act of 2007'.
SEC. 102. DEFINITIONS.
(A) IN GENERAL- The term `advanced biofuel' means fuel derived from
renewable biomass other than corn starch.
(B) INCLUSIONS- The term `advanced biofuel' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than ethanol
derived from corn starch;
(iii) ethanol derived from waste material, including crop residue,
other vegetative waste material, animal waste, and food waste and yard
waste;
(iv) diesel-equivalent fuel derived from renewable biomass,
including vegetable oil and animal fat;
(v) biogas produced through the conversion of organic matter from
renewable biomass; and
(vi) butanol or higher alcohols produced through the conversion of
organic matter from renewable biomass.
(2) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol'
means ethanol derived from any cellulose, hemicellulose, or lignin that is
derived from renewable biomass.
(3) CONVENTIONAL BIOFUEL- The term `conventional biofuel' means ethanol
derived from corn starch.
(4) RENEWABLE BIOMASS- The term `renewable biomass' means--
(A) biomass (as defined by section 210 of the Energy Policy Act of
2005 (42 U.S.C. 15855)) (excluding the bole of old-growth trees of a
forest from the late successional state of forest development) that is
harvested where permitted by law and in accordance with applicable land
management plans from--
(i) National Forest System land; or
(ii) public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702)); or
(B) any organic matter that is available on a renewable or recurring
basis from non-Federal land or from land belonging to an Indian tribe, or
an Indian individual, that is held in trust by the United States or
subject to a restriction against alienation imposed by the United States,
including--
(i) renewable plant material, including--
(II) other agricultural commodities;
(III) other plants and trees; and
(ii) waste material, including--
(II) other vegetative waste material (including wood waste and
wood residues);
(III) animal waste and byproducts (including fats, oils, greases,
and manure); and
(IV) food waste and yard waste.
(A) IN GENERAL- The term `renewable fuel' means motor vehicle fuel,
boiler fuel, or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel present
in a fuel or fuel mixture used to operate a motor vehicle, boiler, or
furnace.
(B) INCLUSION- The term `renewable fuel' includes--
(i) conventional biofuel; and
(6) SECRETARY- The term `Secretary' means the Secretary of Energy
(7) SMALL REFINERY- The term `small refinery' means a refinery for which
the average aggregate daily crude oil throughput for a calendar year (as
determined by dividing the aggregate throughput for the calendar year by the
number of days in the calendar year) does not exceed 75,000 barrels.
Subtitle A--Renewable Fuel Standard
SEC. 111. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program-
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the President shall promulgate regulations to ensure that motor
vehicle fuel, home heating oil, and boiler fuel sold or introduced into
commerce in the United States (except in noncontiguous States or
territories), on an annual average basis, contains the applicable volume
of renewable fuel determined in accordance with paragraph (2).
(B) PROVISIONS OF REGULATIONS- Regardless of the date of promulgation,
the regulations promulgated under subparagraph (A)--
(i) shall contain compliance provisions applicable to refineries,
blenders, distributors, and importers, as appropriate, to ensure
that--
(I) the requirements of this subsection are met;
and
(II) renewable fuels produced from facilities built after the date
of enactment of this Act achieve at least a 20 percent reduction in
life cycle greenhouse gas emissions compared to gasoline;
but
(I) restrict geographic areas in the contiguous United States in
which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of renewable
fuel.
(C) RELATIONSHIP TO OTHER REGULATIONS- Regulations promulgated under
this paragraph shall, to the maximum extent practicable, incorporate the
program structure, compliance, and reporting requirements established
under the final regulations promulgated to implement the renewable fuel
program established by the amendment made by section 1501(a)(2) of the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1067).
(A) CALENDAR YEARS 2008 THROUGH 2022-
(i) RENEWABLE FUEL- For the purpose of paragraph (1), subject to
clause (ii), the applicable volume for any of calendar years 2008
through 2022 shall be determined in accordance with the following
table:
Applicable volume of renewable fuel
Calendar year:
(in billions of gallons):
2008
8.5
2009
10.5
2010
12.0
2011
12.6
2012
13.2
2013
13.8
2014
14.4
2015
15.0
2016
18.0
2017
21.0
2018
24.0
2019
27.0
2020
30.0
2021
33.0
2022
36.0.
(ii) ADVANCED BIOFUELS- For the purpose of paragraph (1), of the
volume of renewable fuel required under clause (i), the applicable
volume for any of calendar years 2016 through 2022 for advanced biofuels
shall be determined in accordance with the following table:
Applicable volume of advanced biofuels
Calendar year:
(in billions of gallons):
2016
3.0
2017
6.0
2018
9.0
2019
12.0
2020
15.0
2021
18.0
2022
21.0.
(B) CALENDAR YEAR 2023 AND THEREAFTER- Subject to subparagraph (C),
for the purposes of paragraph (1), the applicable volume for calendar year
2023 and each calendar year thereafter shall be determined by the
President, in coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental Protection Agency,
based on a review of the implementation of the program during calendar
years 2007 through 2022, including a review of--
(i) the impact of renewable fuels on the energy security of the
United States;
(ii) the expected annual rate of future production of renewable
fuels, including advanced biofuels;
(iii) the impact of renewable fuels on the infrastructure of the
United States, including deliverability of materials, goods, and
products other than renewable fuel, and the sufficiency of
infrastructure to deliver renewable fuel; and
(iv) the impact of the use of renewable fuels on other factors,
including job creation, the price and supply of agricultural
commodities, rural economic development, and the
environment.
(C) MINIMUM APPLICABLE VOLUME- Subject to subparagraph (D), for the
purpose of paragraph (1), the applicable volume for calendar year 2023 and
each calendar year thereafter shall be equal to the product obtained by
multiplying--
(i) the number of gallons of gasoline that the President estimates
will be sold or introduced into commerce in the calendar year;
and
(I) 36,000,000,000 gallons of renewable fuel; bears
to
(II) the number of gallons of gasoline sold or introduced into
commerce in calendar year 2022.
(D) MINIMUM PERCENTAGE OF ADVANCED BIOFUEL- For the purpose of
paragraph (1) and subparagraph (C), at least 60 percent of the minimum
applicable volume for calendar year 2023 and each calendar year thereafter
shall be advanced biofuel.
(b) Applicable Percentages-
(1) PROVISION OF ESTIMATE OF VOLUMES OF GASOLINE SALES- Not later than
October 31 of each of calendar years 2008 through 2021, the Administrator of
the Energy Information Administration shall provide to the President an
estimate, with respect to the following calendar year, of the volumes of
gasoline projected to be sold or introduced into commerce in the United
States.
(2) DETERMINATION OF APPLICABLE PERCENTAGES-
(A) IN GENERAL- Not later than November 30 of each of calendar years
2008 through 2022, based on the estimate provided under paragraph (1), the
President shall determine and publish in the Federal Register, with
respect to the following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) REQUIRED ELEMENTS- The renewable fuel obligation determined for a
calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers, as
appropriate;
(ii) be expressed in terms of a volume percentage of gasoline sold
or introduced into commerce in the United States; and
(iii) subject to paragraph (3)(A), consist of a single applicable
percentage that applies to all categories of persons specified in clause
(i).
(3) ADJUSTMENTS- In determining the applicable percentage for a calendar
year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on any person
specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the previous
calendar year by small refineries that are exempt under subsection
(g).
(c) Volume Conversion Factors for Renewable Fuels Based on Energy Content
or Requirements-
(1) IN GENERAL- For the purpose of subsection (a), the President shall
assign values to specific types of advanced biofuels for the purpose of
satisfying the fuel volume requirements of subsection (a)(2) in accordance
with this subsection.
(2) ENERGY CONTENT RELATIVE TO ETHANOL- For advanced biofuel, 1 gallon
of the advanced biofuel shall be considered to be the equivalent of 1 gallon
of renewable fuel multiplied by the ratio that--
(A) the number of British thermal units of energy produced by the
combustion of 1 gallon of the advanced biofuel (as measured under
conditions determined by the Secretary); bears to
(B) the number of British thermal units of energy produced by the
combustion of 1 gallon of pure ethanol (as measured under conditions
determined by the Secretary to be comparable to conditions described in
subparagraph (A)).
(3) TRANSITIONAL ENERGY-RELATED CONVERSION FACTORS FOR CELLULOSIC
BIOMASS ETHANOL- For any of calendar years 2008 through 2015, 1 gallon of
cellulosic biomass ethanol shall be considered to be the equivalent of 2.5
gallons of renewable fuel.
(1) IN GENERAL- The President, in consultation with the Secretary and
the Administrator of the Environmental Protection Agency, shall implement a
credit program to manage the renewable fuel requirement of this section in a
manner consistent with the credit program established by the amendment made
by section 1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 1067).
(2) MARKET TRANSPARENCY- In carrying out the credit program under this
subsection, the President shall facilitate price transparency in markets for
the sale and trade of credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the protection of
consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use-
(1) STUDY- For each of calendar years 2008 through 2022, the
Administrator of the Energy Information Administration shall conduct a study
of renewable fuel blending to determine whether there are excessive seasonal
variations in the use of renewable fuel.
(2) REGULATION OF EXCESSIVE SEASONAL VARIATIONS- If, for any calendar
year, the Administrator of the Energy Information Administration, based on
the study under paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to ensure that 25
percent or more of the quantity of renewable fuel necessary to meet the
requirements of subsection (a) is used during each of the 2 periods
specified in paragraph (4) of each subsequent calendar year.
(3) DETERMINATIONS- The determinations referred to in paragraph (2) are
that--
(A) less than 25 percent of the quantity of renewable fuel necessary
to meet the requirements of subsection (a) has been used during 1 of the 2
periods specified in paragraph (4) of the calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years; and
(C) promulgating regulations or other requirements to impose a 25
percent or more seasonal use of renewable fuels will not
significantly--
(i) increase the price of motor fuels to the consumer;
or
(ii) prevent or interfere with the attainment of national ambient
air quality standards.
(4) PERIODS- The 2 periods referred to in this subsection are--
(A) April through September; and
(B) January through March and October through December.
(1) IN GENERAL- The President, in consultation with the Secretary of
Energy, the Secretary of Agriculture, and the Administrator of the
Environmental Protection Agency, may waive the requirements of subsection
(a) in whole or in part on petition by one or more States by reducing the
national quantity of renewable fuel required under subsection (a), based on
a determination by the President (after public notice and opportunity for
comment), that--
(A) implementation of the requirement would severely harm the economy
or environment of a State, a region, or the United States; or
(B) extreme and unusual circumstances exist that prevent distribution
of an adequate supply of domestically-produced renewable fuel to consumers
in the United States.
(2) PETITIONS FOR WAIVERS- The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the Administrator of
the Environmental Protection Agency, shall approve or disapprove a State
petition for a waiver of the requirements of subsection (a) within 90 days
after the date on which the petition is received by the President.
(3) TERMINATION OF WAIVERS- A waiver granted under paragraph (1) shall
terminate after 1 year, but may be renewed by the President after
consultation with the Secretary of Energy, the Secretary of Agriculture, and
the Administrator of the Environmental Protection Agency.
(4) REPORT TO CONGRESS- If the Secretary makes a determination under
paragraph (1)(B) that railroad transportation of domestically-produced
renewable fuel is inadequate, based on either the service provided by, or
the price of, the railroad transportation, the President shall submit to
Congress a report that describes--
(A) the actions the Federal Government is taking, or will take, to
address the inadequacy, including a description of the specific powers of
the applicable Federal agencies; and
(B) if the President finds that there are inadequate Federal powers to
address the railroad service or pricing inadequacies, recommendations for
legislation to provide appropriate powers to Federal agencies to address
the inadequacies.
(A) IN GENERAL- The requirements of subsection (a) shall not apply
to--
(i) small refineries (other than a small refinery described in
clause (ii)) until calendar year 2013; and
(ii) small refineries owned by a small business refiner (as defined
in section 45H(c) of the Internal Revenue Code of 1986) until calendar
year 2015.
(B) EXTENSION OF EXEMPTION-
(i) STUDY BY SECRETARY- Not later than December 31, 2008, the
Secretary shall submit to the President and Congress a report describing
the results of a study to determine whether compliance with the
requirements of subsection (a) would impose a disproportionate economic
hardship on small refineries.
(ii) EXTENSION OF EXEMPTION- In the case of a small refinery that
the Secretary determines under clause (i) would be subject to a
disproportionate economic hardship if required to comply with subsection
(a), the President shall extend the exemption under subparagraph (A) for
the small refinery for a period of not less than 2 additional
years.
(2) PETITIONS BASED ON DISPROPORTIONATE ECONOMIC HARDSHIP-
(A) EXTENSION OF EXEMPTION- A small refinery may at any time petition
the President for an extension of the exemption under paragraph (1) for
the reason of disproportionate economic hardship.
(B) EVALUATION OF PETITIONS- In evaluating a petition under
subparagraph (A), the President, in consultation with the Secretary, shall
consider the findings of the study under paragraph (1)(B) and other
economic factors.
(C) DEADLINE FOR ACTION ON PETITIONS- The President shall act on any
petition submitted by a small refinery for a hardship exemption not later
than 90 days after the date of receipt of the petition.
(3) OPT-IN FOR SMALL REFINERIES- A small refinery shall be subject to
the requirements of subsection (a) if the small refinery notifies the
President that the small refinery waives the exemption under paragraph
(1).
(h) Penalties and Enforcement-
(A) IN GENERAL- Any person that violates a regulation promulgated
under subsection (a), or that fails to furnish any information required
under such a regulation, shall be liable to the United States for a civil
penalty of not more than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by the
person resulting from the violation, as determined by the
President.
(B) COLLECTION- Civil penalties under subparagraph (A) shall be
assessed by, and collected in a civil action brought by, the Secretary or
such other officer of the United States as is designated by the
President.
(2) INJUNCTIVE AUTHORITY-
(A) IN GENERAL- The district courts of the United States shall have
jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under the
regulation.
(B) ACTIONS- An action to restrain such violations and compel such
actions shall be brought by and in the name of the United States.
(C) SUBPOENAS- In the action, a subpoena for a witness who is required
to attend a district court in any district may apply in any other
district.
(i) Voluntary Labeling Program-
(1) IN GENERAL- The President shall establish criteria for a system of
voluntary labeling of renewable fuels based on life cycle greenhouse gas
emissions.
(2) CONSUMER EDUCATION- The President shall ensure that the labeling
system under this subsection provides useful information to consumers making
fuel purchases.
(3) FLEXIBILITY- In carrying out this subsection, the President may
establish more than 1 label, as appropriate.
(j) Effective Date- Except as otherwise specifically provided in this
section, this section takes effect on January 1, 2008.
SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE ENERGY.
(a) Definitions- In this section:
(1) FACILITY- The term `facility' means a facility used for the
production of renewable fuel.
(A) IN GENERAL- The term `renewable energy' has the meaning given the
term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)).
(B) INCLUSION- The term `renewable energy' includes biogas produced
through the conversion of organic matter from renewable biomass.
(1) IN GENERAL- The President shall provide a credit under the program
established under section 111(d) to the owner of a facility that uses
renewable energy to displace more than 90 percent of the fossil fuel
normally used in the production of renewable fuel.
(2) CREDIT AMOUNT- The President may provide the credit in a quantity
that is not more than the equivalent of 1.5 gallons of renewable fuel for
each gallon of renewable fuel produced in a facility described in paragraph
(1).
Subtitle B--Renewable Fuels Infrastructure
SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.
(a) In General- The Secretary, in consultation with the Secretary of
Transportation and the Administrator of the Environmental Protection Agency,
shall establish a competitive grant pilot program (referred to in this section
as the `pilot program'), to be administered through the Vehicle Technology
Deployment Program of the Department of Energy, to provide not more than 10
geographically-dispersed project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation authorities, or
partnerships of those entities to carry out 1 or more projects for the
purposes described in subsection (b).
(b) Grant Purposes- A grant under this section shall be used for the
establishment of refueling infrastructure corridors, as designated by the
Secretary, for gasoline blends that contain not less than 11 percent, and not
more than 85 percent, renewable fuel or diesel fuel that contains at least 10
percent renewable fuel, including--
(1) installation of infrastructure and equipment necessary to ensure
adequate distribution of renewable fuels within the corridor;
(2) installation of infrastructure and equipment necessary to directly
support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and equipment installed
as part of a project funded by the grant.
(A) IN GENERAL- Subject to subparagraph (B), not later than 90 days
after the date of enactment of this Act, the Secretary shall issue
requirements for use in applying for grants under the pilot
program.
(B) MINIMUM REQUIREMENTS- At a minimum, the Secretary shall require
that an application for a grant under this section--
(I) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of those
entities; and
(II) a registered participant in the Vehicle Technology Deployment
Program of the Department of Energy; and
(I) a description of the project proposed in the application,
including the ways in which the project meets the requirements of this
section;
(II) an estimate of the degree of use of the project, including
the estimated size of fleet of vehicles operated with renewable fuel
available within the geographic region of the corridor, measured as a
total quantity and a percentage;
(III) an estimate of the potential petroleum displaced as a result
of the project (measured as a total quantity and a percentage), and a
plan to collect and disseminate petroleum displacement and other
relevant data relating to the project to be funded under the grant,
over the expected life of the project;
(IV) a description of the means by which the project will be
sustainable without Federal assistance after the completion of the
term of the grant;
(V) a complete description of the costs of the project, including
acquisition, construction, operation, and maintenance costs over the
expected life of the project; and
(VI) a description of which costs of the project will be supported
by Federal assistance under this subsection.
(2) PARTNERS- An applicant under paragraph (1) may carry out a project
under the pilot program in partnership with public and private
entities.
(d) Selection Criteria- In evaluating applications under the pilot
program, the Secretary shall--
(1) consider the experience of each applicant with previous, similar
projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum consumption,
measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure while
maximizing, to the extent practicable, the use of advanced
biofuels;
(C) demonstrate the greatest commitment on the part of the applicant
to ensure funding for the proposed project and the greatest likelihood
that the project will be maintained or expanded after Federal assistance
under this subsection is completed;
(D) represent a partnership of public and private entities;
and
(E) exceed the minimum requirements of subsection (c)(1)(B).
(e) Pilot Project Requirements-
(1) MAXIMUM AMOUNT- The Secretary shall provide not more than
$20,000,000 in Federal assistance under the pilot program to any
applicant.
(2) COST SHARING- The non-Federal share of the cost of any activity
relating to renewable fuel infrastructure development carried out using
funds from a grant under this section shall be not less than 20
percent.
(3) MAXIMUM PERIOD OF GRANTS- The Secretary shall not provide funds to
any applicant under the pilot program for more than 2 years.
(4) DEPLOYMENT AND DISTRIBUTION- The Secretary shall seek, to the
maximum extent practicable, to ensure a broad geographic distribution of
project sites funded by grants under this section.
(5) TRANSFER OF INFORMATION AND KNOWLEDGE- The Secretary shall establish
mechanisms to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the pilot program
participants and to other interested parties, including other applicants
that submitted applications.
(A) IN GENERAL- Not later than 90 days after the date of enactment of
this Act, the Secretary shall publish in the Federal Register, Commerce
Business Daily, and such other publications as the Secretary considers to
be appropriate, a notice and request for applications to carry out
projects under the pilot program.
(B) DEADLINE- An application described in subparagraph (A) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that subparagraph.
(C) INITIAL SELECTION- Not later than 90 days after the date by which
applications for grants are due under subparagraph (B), the Secretary
shall select by competitive, peer-reviewed proposal up to 5 applications
for projects to be awarded a grant under the pilot program.
(A) IN GENERAL- Not later than 2 years after the date of enactment of
this Act, the Secretary shall publish in the Federal Register, Commerce
Business Daily, and such other publications as the Secretary considers to
be appropriate, a notice and request for additional applications to carry
out projects under the pilot program that incorporate the information and
knowledge obtained through the implementation of the first round of
projects authorized under the pilot program.
(B) DEADLINE- An application described in subparagraph (A) shall be
submitted to the Secretary by not later than 180 days after the date of
publication of the notice under that subparagraph.
(C) INITIAL SELECTION- Not later than 90 days after the date by which
applications for grants are due under subparagraph (B), the Secretary
shall select by competitive, peer-reviewed proposal such additional
applications for projects to be awarded a grant under the pilot program as
the Secretary determines to be appropriate.
(1) INITIAL REPORT- Not later than 60 days after the date on which
grants are awarded under this section, the Secretary shall submit to
Congress a report containing--
(A) an identification of the grant recipients and a description of the
projects to be funded under the pilot program;
(B) an identification of other applicants that submitted applications
for the pilot program but to which funding was not provided; and
(C) a description of the mechanisms used by the Secretary to ensure
that the information and knowledge gained by participants in the pilot
program are transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(2) EVALUATION- Not later than 2 years after the date of enactment of
this Act, and annually thereafter until the termination of the pilot
program, the Secretary shall submit to Congress a report containing an
evaluation of the effectiveness of the pilot program, including an
assessment of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to carry out this section $200,000,000, to
remain available until expended.
SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 16231(c)) is
amended--
(1) in paragraph (2), by striking `$251,000,000' and inserting
`$377,000,000'; and
(2) in paragraph (3), by striking `$274,000,000' and inserting
`$398,000,000'.
SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16317(a)(1))
is amended by inserting before the period at the end the following: `,
including the establishment of at least 11 bioresearch centers of varying
sizes, as appropriate, that focus on biofuels, of which at least 2 centers
shall be located in each of the 4 Petroleum Administration for Defense
Districts with no subdistricts and 1 center shall be located in each of the
subdistricts of the Petroleum Administration for Defense District with
subdistricts'.
SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.
(a) In General- Section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513) is amended by adding at the end the following:
`(f) Renewable Fuel Facilities-
`(1) IN GENERAL- The Secretary may make guarantees under this title for
projects that produce advanced biofuel (as defined in section 102 of the
Biofuels for Energy Security and Transportation Act of 2007).
`(2) REQUIREMENTS- A project under this subsection shall employ new or
significantly improved technologies for the production of renewable fuels as
compared to commercial technologies in service in the United States at the
time that the guarantee is issued.
`(3) ISSUANCE OF FIRST LOAN GUARANTEES- The requirement of section
20320(b) of division B of the Continuing Appropriations Resolution, 2007
(Public Law 109-289, Public Law 110-5), relating to the issuance of final
regulations, shall not apply to the first 6 guarantees issued under this
subsection.
`(4) PROJECT DESIGN- A project for which a guarantee is made under this
subsection shall have a project design that has been validated through the
operation of a continuous process pilot facility with an annual output of at
least 50,000 gallons of ethanol or the energy equivalent volume of other
advanced biofuels.
`(5) MAXIMUM GUARANTEED PRINCIPAL- The total principal amount of a loan
guaranteed under this subsection may not exceed $250,000,000 for a single
facility.
`(6) AMOUNT OF GUARANTEE- The Secretary shall guarantee 100 percent of
the principal and interest due on 1 or more loans made for a facility that
is the subject of the guarantee under paragraph (3).
`(7) DEADLINE- The Secretary shall approve or disapprove an application
for a guarantee under this subsection not later than 90 days after the date
of receipt of the application.
`(8) REPORT- Not later than 30 days after approving or disapproving an
application under paragraph (7), the Secretary shall submit to Congress a
report on the approval or disapproval (including the reasons for the
action).'.
(b) Improvements to Underlying Loan Guarantee Authority-
(1) DEFINITION OF COMMERCIAL TECHNOLOGY- Section 1701(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking subparagraph
(B) and inserting the following:
`(B) EXCLUSION- The term `commercial technology' does not include a
technology if the sole use of the technology is in connection
with--
`(i) a demonstration plant; or
`(ii) a project for which the Secretary approved a loan
guarantee.'.
(2) SPECIFIC APPROPRIATION OR CONTRIBUTION- Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by striking subsection (b)
and inserting the following:
`(b) Specific Appropriation or Contribution-
`(1) IN GENERAL- No guarantee shall be made unless--
`(A) an appropriation for the cost has been made; or
`(B) the Secretary has received from the borrower a payment in full
for the cost of the obligation and deposited the payment into the
Treasury.
`(2) LIMITATION- The source of payments received from a borrower under
paragraph (1)(B) shall not be a loan or other debt obligation that is made
or guaranteed by the Federal Government.
`(3) RELATION TO OTHER LAWS- Section 504(b) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan or loan guarantee
made in accordance with paragraph (1)(B).'.
(3) AMOUNT- Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended by striking subsection (c) and inserting the
following:
`(1) IN GENERAL- Subject to paragraph (2), the Secretary shall guarantee
up to 100 percent of the principal and interest due on 1 or more loans for a
facility that are the subject of the guarantee.
`(2) LIMITATION- The total amount of loans guaranteed for a facility by
the Secretary shall not exceed 80 percent of the total cost of the facility,
as estimated at the time at which the guarantee is issued.'.
(4) SUBROGATION- Section 1702(g)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) FEES- Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C.
16512(h)) is amended by striking paragraph (2) and inserting the
following:
`(2) AVAILABILITY- Fees collected under this subsection shall--
`(A) be deposited by the Secretary into a special fund in the Treasury
to be known as the `Incentives For Innovative Technologies Fund';
and
`(B) remain available to the Secretary for expenditure, without
further appropriation or fiscal year limitation, for administrative
expenses incurred in carrying out this title.'.
SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND DEVELOPMENT IN
CERTAIN STATES.
(a) In General- The Secretary shall provide grants to eligible entities to
conduct research into, and develop and implement, renewable fuel production
technologies in States with low rates of ethanol production, including low
rates of production of cellulosic biomass ethanol, as determined by the
Secretary.
(b) Eligibility- To be eligible to receive a grant under the section, an
entity shall--
(1)(A) be an institution of higher education (as defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)) located in a State
described in subsection (a);
(i) referred to in section 532 of the Equity in Educational Land-Grant
Status Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note);
(ii) that is eligible for a grant under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.),
including Dine College; or
(iii) that is eligible for a grant under the Navajo Community College
Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher education, industry,
State agencies, Indian tribal agencies, or local government agencies located
in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal years
2008 through 2010.
SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF BIOMASS TO LOCAL
BIOREFINERIES.
(a) In General- The Secretary shall conduct a program under which the
Secretary shall provide grants to Indian tribal and local governments and
other eligible entities (as determined by the Secretary) (referred to in this
section as `eligible entities') to promote the development of infrastructure
to support the separation, production, processing, and transportation of
biomass to local biorefineries.
(b) Phases- The Secretary shall conduct the program in the following
phases:
(1) DEVELOPMENT- In the first phase of the program, the Secretary shall
make grants to eligible entities to assist the eligible entities in the
development of local projects to promote the development of infrastructure
to support the separation, production, processing, and transportation of
biomass to local biorefineries.
(2) IMPLEMENTATION- In the second phase of the program, the Secretary
shall make competitive grants to eligible entities to implement projects
developed under paragraph (1).
(c) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 127. BIOREFINERY INFORMATION CENTER.
(a) In General- The Secretary, in cooperation with the Secretary of
Agriculture, shall establish a biorefinery information center to make
available to interested parties information on--
(1) renewable fuel resources, including information on programs and
incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration- In administering the biorefinery information center,
the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the process for
establishing a biorefinery; and
(3) make information and assistance provided by the center available
through a toll-free telephone number and website.
(c) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.
The Secretary and the Director of the National Institute of Standards and
Technology shall jointly establish and make available to the public--
(1) a database that describes the physical properties of different types
of alternative fuel; and
(2) standard reference materials for different types of alternative
fuel.
SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.
Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C. 13232(a)) is
amended--
(1) by striking `The Federal Trade Commission' and inserting the
following:
`(1) IN GENERAL- The Federal Trade Commission'; and
(2) by adding at the end the following:
`(2) FUEL TANK CAP LABELING REQUIREMENT- Beginning with model year 2010,
the fuel tank cap of each alternative fueled vehicle manufactured for sale
in the United States shall be clearly labeled to inform consumers that such
vehicle can operate on alternative fuel.'.
SEC. 130. BIODIESEL.
(a) In General- Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on any research and
development challenges inherent in increasing to 5 percent the proportion of
diesel fuel sold in the United States that is biodiesel (as defined in section
757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
(b) Regulations- The President shall promulgate regulations providing for
the uniform labeling of biodiesel blends that are certified to meet applicable
standards published by the American Society for Testing and Materials.
(c) National Biodiesel Fuel Quality Standard-
(1) QUALITY REGULATIONS- Within 180 days following the date of enactment
of this Act, the President shall promulgate regulations to ensure that only
biodiesel that is tested and certified to comply with the American Society
for Testing and Materials (ASTM) 6751 standard is introduced into interstate
commerce.
(2) ENFORCEMENT- The President shall ensure that all biodiesel entering
interstate commerce meets the requirements of paragraph (1).
(3) FUNDING- There are authorized to be appropriated to the President to
carry out this section:
(A) $3,000,000 for fiscal year 2008.
(B) $3,000,000 for fiscal year 2009.
(C) $3,000,000 for fiscal year 2010.
Subtitle C--Studies
SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.
(a) In General- Not later than October 1, 2012, the Secretary shall offer
to enter into a contract with the National Academy of Sciences under which the
Academy shall conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope- In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced biofuels
technologies;
(2) consider whether the rate of development of those technologies will
be sufficient to meet the advanced biofuel standards required under section
111;
(3) consider the effectiveness of the research and development programs
and activities of the Department of Energy relating to advanced biofuel
technologies; and
(4) make policy recommendations to accelerate the development of those
technologies to commercial viability, as appropriate.
(c) Report- Not later than November 30, 2014, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report
describing the results of the study conducted under this section.
SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH
HIGHER LEVELS OF ETHANOL.
(a) In General- The Secretary, in cooperation with the Secretary of
Agriculture, the Administrator of the Environmental Protection Agency, and the
Secretary of Transportation, and after providing notice and an opportunity for
public comment, shall conduct a study of the feasibility of increasing
consumption in the United States of ethanol-blended gasoline with levels of
ethanol that are not less than 10 percent and not more than 40 percent.
(b) Study- The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints on increasing
consumption of ethanol;
(2) an evaluation of the economic, market, and energy-related impacts of
State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy-related impacts on
gasoline retailers and consumers of separate and distinctly labeled fuel
storage facilities and dispensers;
(4) an evaluation of the environmental impacts of mid-level ethanol
blends on evaporative and exhaust emissions from on-road, off-road, and
marine engines, recreational boats, vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol blends on the
operation, durability, and performance of on-road, off-road, and marine
engines, recreational boats, vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level ethanol blends on
consumers that own and operate off-road and marine engines, recreational
boats, vehicles, or equipment.
(c) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress a report describing the results of the
study conducted under this section.
SEC. 143. PIPELINE FEASIBILITY STUDY.
(a) In General- The Secretary, in coordination with the Secretary of
Agriculture and the Secretary of Transportation, shall conduct a study of the
feasibility of the construction of dedicated ethanol pipelines.
(b) Factors- In conducting the study, the Secretary shall consider--
(1) the quantity of ethanol production that would make dedicated
pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol pipelines,
including technical, siting, financing, and regulatory barriers;
(3) market risk (including throughput risk) and means of mitigating the
risk;
(4) regulatory, financing, and siting options that would mitigate risk
in those areas and help ensure the construction of 1 or more dedicated
ethanol pipelines;
(5) financial incentives that may be necessary for the construction of
dedicated ethanol pipelines, including the return on equity that sponsors of
the initial dedicated ethanol pipelines will require to invest in the
pipelines;
(6) technical factors that may compromise the safe transportation of
ethanol in pipelines, identifying remedial and preventative measures to
ensure pipeline integrity; and
(7) such other factors as the Secretary considers appropriate.
(c) Report- Not later than 15 months after the date of enactment of this
Act, the Secretary shall submit to Congress a report describing the results of
the study conducted under this section.
SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85
FUEL.
(a) In General- The Secretary shall conduct a study of methods of
increasing the fuel efficiency of flexible fueled vehicles by optimizing
flexible fueled vehicles to operate using E-85 fuel.
(b) Report- Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives a report that describes the results of the study, including
any recommendations of the Secretary.
SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC
VEHICLES.
(a) Definition of Electric Vehicle- In this section, the term `electric
vehicle' means an electric motor vehicle (as defined in section 601 of the
Energy Policy Act of 1992 (42 U.S.C. 13271)) for which the rechargeable
storage battery--
(1) receives a charge directly from a source of electric current that is
external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of the
vehicle.
(b) Study- The Secretary shall conduct a study on the feasibility of
issuing credits under the program established under section 111(d) to electric
vehicles powered by electricity produced from renewable energy sources.
(c) Report- Not later than 18 months after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House
of Representatives a report that describes the results of the study, including
a description of--
(1) existing programs and studies on the use of renewable electricity as
a means of powering electric vehicles; and
(A) designing a pilot program to determine the feasibility of using
renewable electricity to power electric vehicles as an adjunct to a
renewable fuels mandate;
(B) allowing the use, under the pilot program designed under
subparagraph (A), of electricity generated from nuclear energy as an
additional source of supply;
(C) identifying the source of electricity used to power electric
vehicles; and
(D) equating specific quantities of electricity to quantities of
renewable fuel under section 111(d).
SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF
BIODIESEL.
(a) In General- Not later than 30 days after the date of enactment of this
Act, the Secretary shall initiate a study on the effects of the use of
biodiesel on engine durability.
(b) Components- The study under this section shall include--
(1) an assessment of whether the use of biodiesel in conventional diesel
engines lessens engine durability; and
(2) an assessment of the effects referred to in subsection (a) with
respect to biodiesel blends at varying concentrations, including--
SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.
(a) Study- The President shall conduct a study of the renewable fuels
industry and markets in the United States, including--
(1) the costs to produce conventional and advanced biofuels;
(2) the factors affecting the future market prices for those biofuels,
including world oil prices; and
(3) the financial incentives necessary to enhance, to the maximum extent
practicable, the biofuels industry of the United States to reduce the
dependence of the United States on foreign oil during calendar years 2011
through 2030.
(b) Goals- The study shall include an analysis of the options for
financial incentives and the advantage and disadvantages of each option.
(c) Report- Not later than 1 year after the date of enactment of this Act,
the President shall submit to Congress a report that describes the results of
the study.
SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR THE EVALUATION
OF RENEWABLE CARBON CONTENT OF BIOFUELS.
(a) In General- The Secretary, in consultation with the Secretary of
Agriculture and the Administrator of the Environmental Protection Agency,
shall conduct a study of--
(1) published methods for evaluating the lifecycle fossil and renewable
carbon content of fuels, including conventional and advanced biofuels;
and
(2) methods for performing simplified, streamlined lifecycle analyses of
the fossil and renewable carbon content of biofuels.
(b) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the study under
subsection (a), including recommendations for a method for performing a
simplified, streamlined lifecycle analysis of the fossil and renewable carbon
content of biofuels that includes--
(1) carbon inputs to feedstock production; and
(2) carbon inputs to the biofuel production process, including the
carbon associated with electrical and thermal energy inputs.
SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(1) IN GENERAL- The Secretary, in consultation with the Secretary of
Transportation, shall conduct a study of the adequacy of railroad
transportation of domestically-produced renewable fuel.
(2) COMPONENTS- In conducting the study under paragraph (1), the
Secretary shall consider--
(A) the adequacy of, and appropriate location for, tracks that have
sufficient capacity, and are in the appropriate condition, to move the
necessary quantities of domestically-produced renewable fuel within the
timeframes required by section 111;
(B) the adequacy of the supply of railroad tank cars, locomotives, and
rail crews to move the necessary quantities of domestically-produced
renewable fuel in a timely fashion;
(C)(i) the projected costs of moving the domestically-produced
renewable fuel using railroad transportation; and
(ii) the impact of the projected costs on the marketability of the
domestically-produced renewable fuel;
(D) whether there is adequate railroad competition to
ensure--
(i) a fair price for the railroad transportation of
domestically-produced renewable fuel; and
(ii) acceptable levels of service for railroad transportation of
domestically-produced renewable fuel;
(E) any rail infrastructure capital costs that the railroads indicate
should be paid by the producers or distributors of domestically-produced
renewable fuel;
(F) whether Federal agencies have adequate legal authority to ensure a
fair and reasonable transportation price and acceptable levels of service
in cases in which the domestically-produced renewable fuel source does not
have access to competitive rail service;
(G) whether Federal agencies have adequate legal authority to address
railroad service problems that may be resulting in inadequate supplies of
domestically-produced renewable fuel in any area of the United States;
and
(H) any recommendations for any additional legal authorities for
Federal agencies to ensure the reliable railroad transportation of
adequate supplies of domestically-produced renewable fuel at reasonable
prices.
(b) Report- Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House
of Representatives a report that describes the results of the study conducted
under subsection (a).
SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF ROAD
VEHICLES.
(1) IN GENERAL- The Secretary, in consultation with the Secretary of
Transportation and the Administrator of the Environmental Protection Agency,
shall conduct a study to determine the effects of ethanol-blended gasoline
on off-road vehicles and recreational boats.
(2) EVALUATION- The study shall include an evaluation of the
operational, safety, durability, and environmental impacts of
ethanol-blended gasoline on off-road and marine engines, recreational boats,
and related equipment.
(b) Report- Not later than 1 year after the date of enactment of this Act,
the Secretary shall submit to Congress a report describing the results of the
study.
TITLE II--ENERGY EFFICIENCY PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the `Energy Efficiency Promotion Act of
2007'.
SEC. 202. DEFINITION OF SECRETARY.
In this title, the term `Secretary' means the Secretary of Energy.
Subtitle A--Promoting Advanced Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT LIGHTING.
Section 553 of the National Energy Conservation Policy Act (42 U.S.C.
8259b) is amended by adding the following:
`(f) Accelerated Procurement of Energy Efficient Lighting-
`(1) IN GENERAL- Not later than October 1, 2013, in accordance with
guidelines issued by the Secretary, all general purpose lighting in Federal
buildings shall be Energy Star products or products designated under the
Federal Energy Management Program.
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
this subsection, the Secretary shall issue guidelines to carry out this
subsection.
`(B) REPLACEMENT COSTS- The guidelines shall take into consideration
the costs of replacing all general service lighting and the reduced cost
of operation and maintenance expected to result from such
replacement.'.
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking `or similar bulb shapes (excluding ER or BR)' and
inserting `ER, BR, BPAR, or similar bulb shapes'; and
(ii) by striking `2.75' and inserting `2.25'; and
(B) by striking `is either--' and all that follows through subclause
(II) and inserting `has a rated wattage that is 40 watts or higher';
and
(2) by adding at the end the following:
`(52) BPAR INCANDESCENT REFLECTOR LAMP- The term `BPAR incandescent
reflector lamp' means a reflector lamp as shown in figure C78.21-278 on page
32 of ANSI C78.21-2003.
`(53) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40-
`(A) BR INCANDESCENT REFLECTOR LAMP- The term `BR incandescent
reflector lamp' means a reflector lamp that has--
`(i) a bulged section below the major diameter of the bulb and above
the approximate baseline of the bulb, as shown in figure 1 (RB) on page
7 of ANSI C79.1-1994, incorporated by reference in section 430.22 of
title 10, Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
`(ii) a finished size and shape shown in ANSI C78.21-1989, including
the referenced reflective characteristics in part 7 of ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph).
`(B) BR30- The term `BR30' means a BR incandescent reflector lamp with
a diameter of 30/8ths of an inch.
`(C) BR40- The term `BR40' means a BR incandescent reflector lamp with
a diameter of 40/8ths of an inch.
`(54) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40-
`(A) ER INCANDESCENT REFLECTOR LAMP- The term `ER incandescent
reflector lamp' means a reflector lamp that has--
`(i) an elliptical section below the major diameter of the bulb and
above the approximate baseline of the bulb, as shown in figure 1 (RE) on
page 7 of ANSI C79.1-1994, incorporated by reference in section 430.22
of title 10, Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
`(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph).
`(B) ER30- The term `ER30' means an ER incandescent reflector lamp
with a diameter of 30/8ths of an inch.
`(C) ER40- The term `ER40' means an ER incandescent reflector lamp
with a diameter of 40/8ths of an inch.
`(55) R20 INCANDESCENT REFLECTOR LAMP- The term `R20 incandescent
reflector lamp' means a reflector lamp that has a face diameter of
approximately 2.5 inches, as shown in figure 1(R) on page 7 of ANSI
C79.1-1994.'.
(b) Standards for Fluorescent Lamps and Incandescent Reflector Lamps-
Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6925(i))
is amended by striking paragraph (1) and inserting the following:
`(A) DEFINITION OF EFFECTIVE DATE- In this paragraph (other than
subparagraph (D)), the term `effective date' means, with respect to each
type of lamp specified in a table contained in subparagraph (B), the last
day of the period of months corresponding to that type of lamp (as
specified in the table) that follows October 24, 1992.
`(B) MINIMUM STANDARDS- Each of the following general service
fluorescent lamps and incandescent reflector lamps manufactured after the
effective date specified in the tables contained in this paragraph shall
meet or exceed the following lamp efficacy and CRI standards:
`FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------------------
Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months)
----------------------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin >35 W 69 75.0 36
45 75.0 36
2-foot U-shaped >35 W 69 68.0 36
45 64.0 36
8-foot slimline 65 W 69 80.0 18
45 80.0 18
8-foot high output >100 W 69 80.0 18
45 80.0 18
----------------------------------------------------------------------------------------------------------------------------
`INCANDESCENT REFLECTOR LAMPS
-------------------------------------------------------------------------------------------
Nominal Lamp Wattage Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months)
-------------------------------------------------------------------------------------------
40-50 10.5 36
51-66 11.0 36
67-85 12.5 36
86-115 14.0 36
116-155 14.5 36
156-205 15.0 36
-------------------------------------------------------------------------------------------
`(C) EXEMPTIONS- The standards specified in subparagraph (B) shall not
apply to the following types of incandescent reflector lamps:
`(i) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or
ER40 lamps.
`(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
lamps.
`(iii) R20 incandescent reflector lamps rated 45 watts or
less.
`(i) ER, BR, AND BPAR LAMPS- The standards specified in subparagraph
(B) shall apply with respect to ER incandescent reflector lamps, BR
incandescent reflector lamps, BPAR incandescent reflector lamps, and
similar bulb shapes on and after January 1, 2008.
`(ii) LAMPS BETWEEN 2.25-2.75 INCHES IN DIAMETER- The standards
specified in subparagraph (B) shall apply with respect to incandescent
reflector lamps with a diameter of more than 2.25 inches, but not more
than 2.75 inches, on and after January 1, 2008.'.
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment- Not later than 1 year after the date of enactment of
this Act, as part of the program carried out under section 1008 of the Energy
Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall establish and award
Bright Tomorrow Lighting Prizes for solid state lighting in accordance with
this section.
(b) Prize Specifications-
(1) 60-watt INCANDESCENT REPLACEMENT LAMP PRIZE- The Secretary shall
award a 60-Watt Incandescent Replacement Lamp Prize to an entrant that
produces a solid-state light package simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than 2,750, and
not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A)
exceeding 25,000 hours under typical conditions expected in residential
use;
(G) having a light distribution pattern similar to a soft 60-watt
incandescent A19 bulb;
(H) having a size and shape that fits within the maximum dimensions of
an A19 bulb in accordance with American National Standards Institute
standard C78.20-2003, figure C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market
satisfied by the submission of 10,000 such units equal to or exceeding the
criteria described in subparagraphs (A) through (I).
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE- The Secretary shall
award a Parabolic Aluminized Reflector Type 38 Halogen Replacement Lamp
Prize (referred to in this section as the `PAR Type 38 Halogen Replacement
Lamp Prize') to an entrant that produces a solid-state-light package
simultaneously capable of--
(A) producing a luminous flux greater than or equal to 1,350
lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph (A)
exceeding 25,000 hours under typical conditions expected in residential
use;
(G) having a light distribution pattern similar to a PAR 38 halogen
lamp;
(H) having a size and shape that fits within the maximum dimensions of
a PAR 38 halogen lamp in accordance with American National Standards
Institute standard C78-21-2003, figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial market
satisfied by the submission of 10,000 such units equal to or exceeding the
criteria described in subparagraphs (A) through (I).
(3) TWENTY-FIRST CENTURY LAMP PRIZE- The Secretary shall award a
Twenty-First Century Lamp Prize to an entrant that produces a
solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and 3,000
degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds- The Secretary may accept and use funding from private
sources as part of the prizes awarded under this section.
(d) Technical Review- The Secretary shall establish a technical review
committee composed of non-Federal officers to review entrant data submitted
under this section to determine whether the data meets the prize
specifications described in subsection (b).
(e) Third Party Administration- The Secretary may competitively select a
third party to administer awards under this section.
(f) Award Amounts- Subject to the availability of funds to carry out this
section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize described in
subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in
subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in subsection (b)(3)
shall be $5,000,000.
(g) Federal Procurement of Solid-State-Lights-
(1) 60-watt INCANDESCENT REPLACEMENT- Subject to paragraph (3), as soon
as practicable after the successful award of the 60-Watt Incandescent
Replacement Lamp Prize under subsection (b)(1), the Secretary (in
consultation with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with a goal of replacing the use
of 60-watt incandescent lamps in Federal Government buildings with a
solid-state-light package described in subsection (b)(1) by not later than
the date that is 5 years after the date the award is made.
(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT- Subject to paragraph
(3), as soon as practicable after the successful award of the PAR Type 38
Halogen Replacement Lamp Prize under subsection (b)(2), the Secretary (in
consultation with the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of replacing the
use of PAR 38 halogen lamps in Federal Government buildings with a
solid-state-light package described in subsection (b)(2) by not later than
the date that is 5 years after the date the award is made.
(A) IN GENERAL- The Secretary or the Administrator of General Services
may waive the application of paragraph (1) or (2) if the Secretary or
Administrator determines that the return on investment from the purchase
of a solid-state-light package described in paragraph (1) or (2) of
subsection (b), respectively, is cost prohibitive.
(B) REPORT OF WAIVER- If the Secretary or Administrator waives the
application of paragraph (1) or (2), the Secretary or Administrator,
respectively, shall submit to Congress an annual report that describes the
waiver and provides a detailed justification for the waiver.
(h) Bright Light Tomorrow Award Fund-
(1) ESTABLISHMENT- There is established in the United States Treasury a
Bright Light Tomorrow permanent fund without fiscal year limitation to award
prizes under paragraphs (1), (2), and (3) of subsection (b).
(2) SOURCES OF FUNDING- The fund established under paragraph (1) shall
accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(i) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING STANDARDS.
(a) Findings- The Senate finds that--
(1) there are approximately 4,000,000,000 screw-based sockets in the
United States that contain traditional, energy-inefficient, incandescent
light bulbs;
(2) incandescent light bulbs are based on technology that is more than
125 years old;
(3) there are radically more efficient lighting alternatives in the
market, with the promise of even more choices over the next several
years;
(4) national policy can support a rapid substitution of new,
energy-efficient light bulbs for the less efficient products in widespread
use; and,
(5) transforming the United States market to use of more efficient
lighting technologies can--
(A) reduce electric costs in the United States by more than
$18,000,000,000 annually;
(B) save the equivalent electricity that is produced by 80 base load
coal-fired power plants; and
(C) reduce fossil fuel related emissions by approximately 158,000,000
tons each year.
(b) Sense of the Senate- It is the sense of the Senate that the Senate
should--
(1) pass a set of mandatory, technology-neutral standards to establish
firm energy efficiency performance targets for lighting products;
(2) ensure that the standards become effective within the next 10 years;
and
(3) in developing the standards--
(A) establish the efficiency requirements to ensure that replacement
lamps will provide consumers with the same quantity of light while using
significantly less energy;
(B) ensure that consumers will continue to have multiple product
choices, including energy-saving halogen, incandescent, compact
fluorescent, and LED light bulbs; and
(C) work with industry and key stakeholders on measures that can
assist consumers and businesses in making the important transition to more
efficient lighting.
SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) Definitions- In this section:
(1) ALASKA SMALL HYDROELECTRIC POWER- The term `Alaska small
hydroelectric power' means power that--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water;
and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion;
and
(B) has a nameplate capacity rating of a wattage that is not more than
15 megawatts.
(2) ELIGIBLE APPLICANT- The term `eligible applicant' means any--
(G) Regional Corporation (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).
(A) INCLUSIONS- The term `ocean energy' includes current, wave, and
tidal energy.
(B) EXCLUSION- The term `ocean energy' excludes thermal
energy.
(4) RENEWABLE ENERGY PROJECT- The term `renewable energy project' means
a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b)));
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants-
(1) IN GENERAL- The Secretary shall use amounts appropriated under this
section to make grants for use in carrying out renewable energy
projects.
(2) CRITERIA- Not later than 180 days after the date of enactment of
this Act, the Secretary shall set forth criteria for use in awarding grants
under this section.
(3) APPLICATION- To receive a grant from the Secretary under paragraph
(1), an eligible applicant shall submit to the Secretary an application at
such time, in such manner, and containing such information as the Secretary
may require, including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair that is
financed, in whole or in part, by a grant under this section shall be paid
wages at rates not less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States Code;
and
(B) the Secretary of Labor shall, with respect to the labor standards
described in this paragraph, have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145
of title 40, United States Code.
(4) NON-FEDERAL SHARE- Each eligible applicant that receives a grant
under this subsection shall contribute to the total cost of the renewable
energy project constructed by the eligible applicant an amount not less than
50 percent of the total cost of the project.
(c) Authorization of Appropriations- There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
Subtitle B--Expediting New Energy Efficiency Standards
SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is
amended by striking paragraph (6) and inserting the following:
`(6) ENERGY CONSERVATION STANDARD-
`(A) IN GENERAL- The term `energy conservation standard' means 1 or
more performance standards that prescribe a minimum level of energy
efficiency or a maximum quantity of energy use and, in the case of a
showerhead, faucet, water closet, urinal, clothes washer, and dishwasher,
water use, for a covered product, determined in accordance with test
procedures prescribed under section 323.
`(B) INCLUSIONS- The term `energy conservation standard'
includes--
`(i) 1 or more design requirements, as part of a consensus agreement
under section 325(hh); and
`(ii) any other requirements that the Secretary may prescribe under
subsections (o) and (r) of section 325.
`(C) EXCLUSION- The term `energy conservation standard' does not
include a performance standard for a component of a finished covered
product.'.
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND COOLING
PRODUCTS.
(a) In General- Section 327 of the Energy Policy and Conservation Act (42
U.S.C. 6297) is amended--
(1) by redesignating subsections (e), (f), and (g) as subsections (f),
(g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
`(e) Regional Efficiency Standards for Heating and Cooling Products-
`(A) DETERMINATION- The Secretary may determine, after notice and
comment, that more stringent Federal energy conservation standards are
appropriate for furnaces, boilers, or central air conditioning equipment
than applicable Federal energy conservation standards.
`(B) FINDING- The Secretary may determine that more stringent
standards are appropriate for up to 2 different regions only after finding
that the regional standards--
`(i) would contribute to energy savings that are substantially
greater than that of a single national energy standard; and
`(ii) are economically justified.
`(C) REGIONS- On making a determination described in subparagraph (B),
the Secretary shall establish the regions so that the more stringent
standards would achieve the maximum level of energy savings that is
technologically feasible and economically justified.
`(D) FACTORS- In determining the appropriateness of 1 or more regional
standards for furnaces, boilers, and central and commercial air
conditioning equipment, the Secretary shall consider all of the factors
described in paragraphs (1) through (4) of section 325(o).
`(2) STATE PETITION- After a determination made by the Secretary under
paragraph (1), a State may petition the Secretary requesting a rule that a
State regulation that establishes a standard for furnaces, boilers, or
central air conditioners become effective at a level determined by the
Secretary to be appropriate for the region that includes the State.
`(3) RULE- Subject to paragraphs (4) through (7), the Secretary may
issue the rule during the period described in paragraph (4) and after
consideration of the petition and the comments of interested persons.
`(A) NOTICE- The Secretary shall provide notice of any petition filed
under paragraph (2) and afford interested persons a reasonable opportunity
to make written comments, including rebuttal comments, on the
petition.
`(B) DECISION- Except as provided in subparagraph (C), during the
180-day period beginning on the date on which the petition is filed, the
Secretary shall issue the requested rule or deny the petition.
`(C) EXTENSION- The Secretary may publish in the Federal Register a
notice--
`(i) extending the period to a specified date, but not longer than 1
year after the date on which the petition is filed; and
`(ii) describing the reasons for the delay.
`(D) DENIALS- If the Secretary denies a petition under this
subsection, the Secretary shall publish in the Federal Register notice of,
and the reasons for, the denial.
`(5) FINDING OF SIGNIFICANT BURDEN ON MANUFACTURING, MARKETING,
DISTRIBUTION, SALE, OR SERVICING OF COVERED PRODUCT ON NATIONAL BASIS-
`(A) IN GENERAL- The Secretary may not issue a rule under this
subsection if the Secretary finds (and publishes the finding) that
interested persons have established, by a preponderance of the evidence,
that the State regulation will significantly burden manufacturing,
marketing, distribution, sale, or servicing of a covered product on a
national basis.
`(B) FACTORS- In determining whether to make a finding described in
subparagraph (A), the Secretary shall evaluate all relevant factors,
including--
`(i) the extent to which the State regulation will increase
manufacturing or distribution costs of manufacturers, distributors, and
others;
`(ii) the extent to which the State regulation will disadvantage
smaller manufacturers, distributors, or dealers or lessen competition in
the sale of the covered product in the State; and
`(iii) the extent to which the State regulation would cause a burden
to manufacturers to redesign and produce the covered product type (or
class), taking into consideration the extent to which the regulation
would result in a reduction--
`(I) in the current models, or in the projected availability of
models, that could be shipped on the effective date of the regulation
to the State and within the United States; or
`(II) in the current or projected sales volume of the covered
product type (or class) in the State and the United
States.
`(6) APPLICATION- No State regulation shall become effective under this
subsection with respect to any covered product manufactured before the date
specified in the determination made by the Secretary under paragraph
(1).
`(7) PETITION TO WITHDRAW FEDERAL RULE FOLLOWING AMENDMENT OF FEDERAL
STANDARD-
`(A) IN GENERAL- If a State has issued a rule under paragraph (3) with
respect to a covered product and subsequently a Federal energy
conservation standard concerning the product is amended pursuant to
section 325, any person subject to the State regulation may file a
petition with the Secretary requesting the Secretary to withdraw the rule
issued under paragraph (3) with respect to the product in the
State.
`(B) BURDEN OF PROOF- The Secretary shall consider the petition in
accordance with paragraph (5) and the burden shall be on the petitioner to
show by a preponderance of the evidence that the rule received by the
State under paragraph (3) should be withdrawn as a result of the amendment
to the Federal standard.
`(C) WITHDRAWAL- If the Secretary determines that the petitioner has
shown that the rule issued by the Secretary under paragraph (3) should be
withdrawn in accordance with subparagraph (B), the Secretary shall
withdraw the rule.'.
(b) Conforming Amendments-
(1) Section 327 of the Energy Policy and Conservation Act (42 U.S.C.
6297) is amended--
(i) in paragraph (2), by striking `subsection (e)' and inserting
`subsection (f)'; and
(I) by striking `subsection (f)(1)' and inserting `subsection
(g)(1)'; and
(II) by striking `subsection (f)(2)' and inserting `subsection
(g)(2)'; and
(B) in subsection (c)(3), by striking `subsection (f)(3)' and
inserting `subsection (g)(3)'.
(2) Section 345(b)(2) of the Energy Policy and Conservation Act (42
U.S.C. 6316(b)(2)) is amended by adding at the end the following:
`(E) RELATIONSHIP TO CERTAIN STATE REGULATIONS- Notwithstanding
subparagraph (A), a standard prescribed or established under section
342(a) with respect to the equipment specified in subparagraphs (B), (C),
(D), (H), (I), and (J) of section 340 shall not supersede a State
regulation that is effective under the terms, conditions, criteria,
procedures, and other requirements of section 327(e).'.
SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)(3)) is amended by adding at the end the following:
`(i) IN GENERAL- The Secretary shall publish a final rule to carry
out this subsection not later than December 31, 2014.
`(ii) CRITERIA- The standards shall meet the criteria established
under subsection (o).'.
SEC. 224. EXPEDITED RULEMAKINGS.
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by adding at the end the following:
`(hh) Expedited Rulemaking for Consensus Standards-
`(1) IN GENERAL- The Secretary shall conduct an expedited rulemaking
based on an energy conservation standard or test procedure recommended by
interested persons, if--
`(A) the interested persons (demonstrating significant and broad
support from manufacturers of a covered product, States, utilities, and
environmental, energy efficiency, and consumer advocates) submit a joint
comment or petition recommending a consensus energy conservation standard
or test procedure; and
`(B) the Secretary determines that the joint comment or petition
includes evidence that (assuming no other evidence were considered)
provides an adequate basis for determining that the proposed consensus
energy conservation standard or test procedure proposed in the joint
comment or petition complies with the provisions and criteria of this Act
(including subsection (o)) that apply to the type or class of covered
products covered by the joint comment or petition.
`(A) IN GENERAL- Notwithstanding subsection (p) or section 336(a), if
the Secretary receives a joint comment or petition that meets the criteria
described in paragraph (1), the Secretary shall conduct an expedited
rulemaking with respect to the standard or test procedure proposed in the
joint comment or petition in accordance with this paragraph.
`(B) ADVANCED NOTICE OF PROPOSED RULEMAKING- If no advanced notice of
proposed rulemaking has been issued under subsection (p)(1) with respect
to the rulemaking covered by the joint comment or petition, the
requirements of subsection (p) with respect to the issuance of an advanced
notice of proposed rulemaking shall not apply.
`(C) PUBLICATION OF DETERMINATION- Not later than 60 days after
receipt of a joint comment or petition described in paragraph (1)(A), the
Secretary shall publish a description of a determination as to whether the
proposed standard or test procedure covered by the joint comment or
petition meets the criteria described in paragraph (1).
`(i) PUBLICATION- If the Secretary determines that the proposed
consensus standard or test procedure covered by the joint comment or
petition meets the criteria described in paragraph (1), not later than
30 days after the determination, the Secretary shall publish a proposed
rule proposing the consensus standard or test procedure covered by the
joint comment or petition.
`(ii) PUBLIC COMMENT PERIOD- Notwithstanding paragraphs (2) and (3)
of subsection (p), the public comment period for the proposed rule shall
be the 30-day period beginning on the date of the publication of the
proposed rule in the Federal Register.
`(iii) PUBLIC HEARING- Notwithstanding section 336(a), the Secretary
may waive the holding of a public hearing with respect to the proposed
rule.
`(E) FINAL RULE- Notwithstanding subsection (p)(4), the
Secretary--
`(i) may publish a final rule at any time after the 60-day period
beginning on the date of publication of the proposed rule in the Federal
Register; and
`(ii) shall publish a final rule not later than 120 days after the
date of publication of the proposed rule in the Federal
Register.'.
SEC. 225. PERIODIC REVIEWS.
(a) Test Procedures- Section 323(b)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)(1)) is amended by striking `(1)' and all
that follows through the end of the paragraph and inserting the following:
`(A) AMENDMENT- At least once every 7 years, the Secretary shall
review test procedures for all covered products and--
`(i) amend test procedures with respect to any covered product, if
the Secretary determines that amended test procedures would more
accurately or fully comply with the requirements of paragraph (3);
or
`(ii) publish notice in the Federal Register of any determination
not to amend a test procedure.'.
(b) Energy Conservation Standards- Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) and
inserting the following:
`(1) IN GENERAL- After issuance of the last final rules required for a
product under this part, the Secretary shall, not later than 5 years after
the date of issuance of a final rule establishing or amending a standard or
determining not to amend a standard, publish a final rule to determine
whether standards for the product should be amended based on the criteria
described in subsection (n)(2).
`(2) ANALYSIS- Prior to publication of the determination, the Secretary
shall publish a notice of availability describing the analysis of the
Department and provide opportunity for written comment.
`(3) FINAL RULE- Not later than 3 years after a positive determination
under paragraph (1), the Secretary shall publish a final rule amending the
standard for the product.
`(4) APPLICATION OF AMENDMENT- An amendment prescribed under this
subsection shall apply to a product manufactured after a date that is 5
years after--
`(A) the effective date of the previous amendment made pursuant to
this part; or
`(B) if the previous final rule published under this part did not
amend the standard, the earliest date by which a previous amendment could
have been in effect, except that in no case may an amended standard apply
to products manufactured within 3 years after publication of the final
rule establishing a standard.'.
(c) Standards- Section 342(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(a)) is amended by striking paragraph (6) and inserting the
following:
`(6) AMENDED ENERGY EFFICIENCY STANDARDS-
`(A) ANALYSIS OF POTENTIAL ENERGY SAVINGS- If ASHRAE/IES Standard 90.1
is amended with respect to any small commercial package air conditioning
and heating equipment, large commercial package air conditioning and
heating equipment, packaged terminal central and commercial air
conditioners, packaged terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water heaters, or unfired
hot water storage tanks, not later than 180 days after the amendment of
the standard, the Secretary shall publish in the Federal Register for
public comment an analysis of the energy savings potential of amended
energy efficiency standards.
`(B) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-
`(i) IN GENERAL- Except as provided in clause (ii), not later than
18 months after the date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for a product described in subparagraph (A),
the Secretary shall establish an amended uniform national standard for
the product at the minimum level for the applicable effective date
specified in the amended ASHRAE/IES Standard 90.1.
`(ii) MORE STRINGENT STANDARD- Clause (i) shall not apply if the
Secretary determines, by rule published in the Federal Register, and
supported by clear and convincing evidence, that adoption of a uniform
national standard more stringent than the amended ASHRAE/IES Standard
90.1 for the product would result in significant additional conservation
of energy and is technologically feasible and economically
justified.
`(C) RULE- If the Secretary makes a determination described in
subparagraph (B)(ii) for a product described in subparagraph (A), not
later than 30 months after the date of publication of the amendment to the
ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the
rule establishing the amended standard.
`(D) AMENDMENT OF STANDARDS-
`(i) IN GENERAL- After issuance of the most recent final rule for a
product under this subsection, not later than 5 years after the date of
issuance of a final rule establishing or amending a standard or
determining not to amend a standard, the Secretary shall publish a final
rule to determine whether standards for the product should be amended
based on the criteria described in subparagraph (A).
`(ii) ANALYSIS- Prior to publication of the determination, the
Secretary shall publish a notice of availability describing the analysis
of the Department and provide opportunity for written
comment.
`(iii) FINAL RULE- Not later than 3 years after a positive
determination under clause (i), the Secretary shall publish a final rule
amending the standard for the product.'.
(d) Test Procedures- Section 343(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(a)) is amended by striking `(a)' and all that follows
through the end of paragraph (1) and inserting the following:
`(a) Prescription by Secretary; Requirements-
`(A) AMENDMENT- At least once every 7 years, the Secretary shall
conduct an evaluation of each class of covered equipment and--
`(i) if the Secretary determines that amended test procedures would
more accurately or fully comply with the requirements of paragraphs (2)
and (3), shall prescribe test procedures for the class in accordance
with this section; or
`(ii) shall publish notice in the Federal Register of any
determination not to amend a test procedure.'.
(e) Effective Date- The amendments made by subsections (b) and (c) take
effect on January 1, 2012.
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.
(a) In General- Not later than 2 years after the date of enactment of this
Act or not later than 18 months after test procedures have been developed for
a consumer electronics product category described in subsection (b), whichever
is later, the Federal Trade Commission, in consultation with the Secretary and
the Administrator of the Environmental Protection Agency shall promulgate
regulations, in accordance with the Energy Star progra