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 program and in a manner that
minimizes, to the maximum extent practicable, duplication with respect to the
requirements of that program and other national and international energy
labeling programs, to add the consumer electronics product categories
described in subsection (b) to the Energy Guide labeling program of the
Commission.
(b) Consumer Electronics Product Categories- The consumer electronics
product categories referred to in subsection (a) are the following:
(3) Cable or satellite set-top boxes.
(4) Stand-alone digital video recorder boxes.
(c) Label Placement- The regulations shall include specific requirements
for each product on the placement of Energy Guide labels.
(d) Deadline for Labeling- Not later than 1 year after the date of
promulgation of regulations under subsection (a), the Commission shall require
labeling electronic products described in subsection (b) in accordance with
this section (including the regulations).
(e) Authority To Include Additional Product Categories- The Commission may
add additional product categories to the Energy Guide labeling program if the
product categories include products, as determined by the Commission--
(1) that have an annual energy use in excess of 100 kilowatt hours per
year; and
(2) for which there is a significant difference in energy use between
the most and least efficient products.
SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.
Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
`(A) IN GENERAL- Subject to subparagraphs (B) and (C), boilers
manufactured on or after September 1, 2012, shall meet the following
requirements:
----------------------------------------------------------------------------------------------------------------------------------------
Boiler Type Minimum Annual Fuel Utilization Efficiency Design Requirements
----------------------------------------------------------------------------------------------------------------------------------------
Gas Hot Water 82% No Constant Burning Pilot,Automatic Means for Adjusting Water Temperature
Gas Steam 80% No Constant Burning Pilot
Oil Hot Water 84% Automatic Means for Adjusting Temperature
Oil Steam 82% None
Electric Hot Water None Automatic Means for Adjusting Temperature
Electric Steam None None
----------------------------------------------------------------------------------------------------------------------------------------
`(B) PILOTS- The manufacturer shall not equip gas hot water or steam
boilers with constant-burning pilot lights.
`(C) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE-
`(i) IN GENERAL- The manufacturer shall equip each gas, oil, and
electric hot water boiler (other than a boiler equipped with tankless
domestic water heating coils) with an automatic means for adjusting the
temperature of the water supplied by the boiler to ensure that an
incremental change in inferred heat load produces a corresponding
incremental change in the temperature of water supplied.
`(ii) CERTAIN BOILERS- For a boiler that fires at 1 input rate, the
requirements of this subparagraph may be satisfied by providing an
automatic means that allows the burner or heating element to fire only
when the means has determined that the inferred heat load cannot be met
by the residual heat of the water in the system.
`(iii) NO INFERRED HEAT LOAD- When there is no inferred heat load
with respect to a hot water boiler, the automatic means described in
clauses (i) and (ii) shall limit the temperature of the water in the
boiler to not more than 140 degrees Fahrenheit.
`(iv) OPERATION- A boiler described in clause (i) or (ii) shall be
operable only when the automatic means described in clauses (i), (ii),
and (iii) is installed.'.
SEC. 228. TECHNICAL CORRECTIONS.
(a) Definition of Fluorescent Lamp- Section 321(30)(B)(viii) of the Energy
Policy and Conservation Act (42 U.S.C. 6291(30)(B)(viii)) is amended by
striking `82' and inserting `87'.
(b) Standards for Commercial Package Air Conditioning and Heating
Equipment- Section 342(a)(1) of the Energy Policy and Conservation Act (42
U.S.C. 6313(a)(1)) is amended in the matter preceding subparagraph (A) by
striking `but before January 1, 2010,'.
(c) Mercury Vapor Lamp Ballasts-
(1) DEFINITIONS- Section 321 of the Energy Policy and Conservation Act
(42 U.S.C. 6291) (as amended by section 212(a)(2)) is amended--
(A) in paragraph (46)(A)--
(i) in clause (i), by striking `bulb' and inserting `the arc tube';
and
(ii) in clause (ii), by striking `has a bulb' and inserting `wall
loading is';
(B) in paragraph (47)(A), by striking `operating at a partial' and
inserting `typically operating at a partial vapor';
(C) in paragraph (48), by inserting `intended for general
illumination' after `lamps'; and
(D) by adding at the end the following:
`(56) The term `specialty application mercury vapor lamp ballast' means
a mercury vapor lamp ballast that--
`(A) is designed and marketed for medical use, optical comparators,
quality inspection, industrial processing, or scientific use, including
fluorescent microscopy, ultraviolet curing, and the manufacture of
microchips, liquid crystal displays, and printed circuit boards;
and
`(B) in the case of a specialty application mercury vapor lamp
ballast, is labeled as a specialty application mercury vapor lamp
ballast.'.
(2) STANDARD SETTING AUTHORITY- Section 325(ee) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(ee)) is amended by inserting `(other than
specialty application mercury vapor lamp ballasts)' after `ballasts'.
SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions- Section 340(13) of the Energy Policy and Conservation Act
(42 U.S.C. 6311(13)) is amended by striking subparagraph (A) and inserting the
following:
`(A)(i) The term `electric motor' means--
`(I) a general purpose electric motor--subtype I; and
`(II) a general purpose electric motor--subtype II.
`(ii) The term `general purpose electric motor--subtype I' means any
motor that [Struck out->][<-Struck out] is considered a general
purpose motor under section 431.12 of title 10, Code of Federal Regulations
(or successor regulations).
`(iii) The term `general purpose electric motor--subtype II' means a
motor that, in addition to the design elements for a general purpose
electric motor--subtype I, incorporates the design elements (as established
in National Electrical Manufacturers Association MG-1 (2006)) for any of the
following:
`(III) A close-coupled pump motor.
`(V) A vertical solid shaft normal thrust (tested in a horizontal
configuration).
`(VII) A poly-phase motor with voltage of not more than 600 volts
(other than 230 or 460 volts).'.
(b) Standards- Section 342(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(13)) is amended by striking paragraph (1) and inserting the
following:
`(A) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE I-
`(i) IN GENERAL- Except as otherwise provided in this subparagraph,
a general purpose electric motor--subtype I with a power rating of not
less than 1, and not more than 200, horsepower manufactured (alone or as
a component of another piece of equipment) after the 3-year period
beginning on the date of enactment of this subparagraph, shall have a
nominal full load efficiency established in Table 12-12 of National
Electrical Manufacturers Association (referred to in this paragraph as
`NEMA') MG-1 (2006).
`(ii) FIRE PUMP MOTORS- A fire pump motor shall have a nominal full
load efficiency established in Table 12-11 of NEMA MG-1
(2006).
`(B) GENERAL PURPOSE ELECTRIC MOTORS--SUBTYPE II- A general purpose
electric motor--subtype II with a power rating of not less than 1, and not
more than 200, horsepower manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the date of
enactment of this subparagraph, shall have a nominal full load efficiency
established in Table 12-11 of NEMA MG-1 (2006).
`(C) DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS- A NEMA Design B,
general purpose electric motor with a power rating of not less than 201,
and not more than 500, horsepower manufactured (alone or as a component of
another piece of equipment) after the 3-year period beginning on the date
of the enactment of this subparagraph shall have a nominal full load
efficiency established in Table 12-11 of NEMA MG-1 (2006).'.
(c) Effective Date- The amendments made by this section take effect on the
date that is 3 years after the date of enactment of this Act.
SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Definition of Energy Conservation Standard- Section 321(6)(A) of the
Energy Policy and Conservation Act (42 U.S.C. 6291(6)(A)) is amended by
striking `or, in the case of' and inserting `and, in the case of residential
clothes washers, residential dishwashers,'.
(b) Refrigerators, Refrigerator-Freezers, and Freezers- Section 325(b) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by
adding at the end the following:
`(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS MANUFACTURED ON
OR AFTER JANUARY 1, 2014- Not later than December 31, 2010, the Secretary
shall publish a final rule determining whether to amend the standards in
effect for refrigerators, refrigerator-freezers, and freezers manufactured
on or after January 1, 2014, and including any amended standards.'.
(c) Residential Clothes Washers and Dishwashers- Section 325(g)(4) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(g)(4)) is amended by adding
at the end the following:
`(i) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2011- A
residential clothes washer manufactured on or after January 1, 2011,
shall have--
`(I) a modified energy factor of at least 1.26; and
`(II) a water factor of not more than 9.5.
`(ii) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2012- Not
later than January 1, 2012, the Secretary shall publish a final rule
determining whether to amend the standards in effect for residential
clothes washers manufactured on or after January 1, 2012, and including
any amended standards.
`(i) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010- A
dishwasher manufactured on or after January 1, 2010, shall use not more
than--
`(I) in the case of a standard-size dishwasher, 355 kWh per year
or 6.5 gallons of water per cycle; and
`(II) in the case of a compact-size dishwasher, 260 kWh per year
or 4.5 gallons of water per cycle.
`(ii) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2018- Not
later than January 1, 2015, the Secretary shall publish a final rule
determining whether to amend the standards for dishwashers manufactured
on or after January 1, 2018, and including any amended
standards.'.
(d) Dehumidifiers- Section 325(cc) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(cc)) is amended--
(1) in paragraph (1), by inserting `and before October 1, 2012,' after
`2007,'; and
(2) by striking paragraph (2) and inserting the following:
`(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 1, 2012-
Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy
Factor that meets or exceeds the following values:
---------------------------------------------------------------
Product Capacity (pints/day): Minimum Energy Factor liters/kWh
---------------------------------------------------------------
Up to 35.00 1.35
35.01-45.00 1.50
45.01-54.00 1.60
54.01-75.00 1.70
Greater than 75.00 2.5.'.
---------------------------------------------------------------
(e) Energy Star Program- Section 324A(d)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking `2010' and
inserting `2009'.
SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND BUILDINGS IN COLD
CLIMATES.
(a) Research- Section 911(a)(2) of the Energy Policy Act of 2005 (42
U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(E) technologies to improve the energy efficiency of appliances and
mechanical systems for buildings in cold climates, including combined heat
and power units and increased use of renewable resources, including
fuel.'.
(b) Rebates- Section 124 of the Energy Policy Act of 2005 (42 U.S.C.
15821) is amended--
(1) in subsection (b)(1), by inserting `, or products with improved
energy efficiency in cold climates,' after `residential Energy Star
products'; and
(2) in subsection (e), by inserting `or product with improved energy
efficiency in a cold climate' after `residential Energy Star product' each
place it appears.
SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY CONSUMER
PRODUCTS.
(a) Definitions- In this section:
(1) ENERGY SAVINGS- The term `energy savings' means megawatt-hours of
electricity or million British thermal units of natural gas saved by a
product, in comparison to projected energy consumption under the energy
efficiency standard applicable to the product.
(2) HIGH-EFFICIENCY CONSUMER PRODUCT- The term `high-efficiency consumer
product' means a product that exceeds the energy efficiency of comparable
products available in the market by a percentage determined by the Secretary
to be an appropriate benchmark for the consumer product category competing
for an award under this section.
(b) Financial Incentives Program- Effective beginning October 1, 2007, the
Secretary shall competitively award financial incentives under this section
for the manufacture of high-efficiency consumer products.
(1) IN GENERAL- The Secretary shall make awards under this section to
manufacturers of high-efficiency consumer products, based on the bid of each
manufacturer in terms of dollars per megawatt-hour or million British
thermal units saved.
(2) ACCEPTANCE OF BIDS- In making awards under this section, the
Secretary shall--
(A) solicit bids for reverse auction from appropriate manufacturers,
as determined by the Secretary; and
(B) award financial incentives to the manufacturers that submit the
lowest bids that meet the requirements established by the
Secretary.
(d) Forms of Awards- An award for a high-efficiency consumer product under
this section shall be in the form of a lump sum payment in an amount equal to
the product obtained by multiplying--
(1) the amount of the bid by the manufacturer of the high-efficiency
consumer product; and
(2) the energy savings during the projected useful life of the
high-efficiency consumer product, not to exceed 10 years, as determined
under regulations issued by the Secretary.
SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term eligible entity means--
(A) an institution of higher education under contract or in
partnership with a nonprofit or for-profit private entity acting on behalf
of an industrial or commercial sector or subsector;
(B) a nonprofit or for-profit private entity acting on behalf on an
industrial or commercial sector or subsector; or
(C) a consortia of entities acting on behalf of an industrial or
commercial sector or subsector.
(2) ENERGY-INTENSIVE COMMERCIAL APPLICATIONS- The term `energy-intensive
commercial applications' means processes and facilities that use significant
quantities of energy as part of the primary economic activities of the
processes and facilities, including--
(A) information technology data centers;
(B) product manufacturing; and
(3) FEEDSTOCK- The term `feedstock' means the raw material supplied for
use in manufacturing, chemical, and biological processes.
(4) MATERIALS MANUFACTURERS- The term `materials manufacturers' means
the energy-intensive primary manufacturing industries, including the
aluminum, chemicals, forest and paper products, glass, metal casting, and
steel industries.
(5) PARTNERSHIP- The term `partnership' means an energy efficiency and
utilization partnership established under subsection (c)(1)(A).
(6) PROGRAM- The term `program' means the industrial efficiency program
established under subsection (b).
(b) Establishment of Program- The Secretary shall establish a program
under which the Secretary, in cooperation with materials manufacturers,
companies engaged in energy-intensive commercial applications, and national
industry trade associations representing the manufactures and companies, shall
support, develop, and promote the use of new materials manufacturing and
industrial and commercial processes, technologies, and techniques to optimize
energy efficiency and the economic competitiveness of the United States.
(1) IN GENERAL- As part of the program, the Secretary shall--
(A) establish energy efficiency and utilization partnerships between
the Secretary and eligible entities to conduct research on, develop, and
demonstrate new processes, technologies, and operating practices and
techniques to significantly improve energy efficiency and utilization by
materials manufacturers and in energy-intensive commercial applications,
including the conduct of activities to--
(i) increase the energy efficiency of industrial and commercial
processes and facilities in energy-intensive commercial application
sectors;
(ii) research, develop, and demonstrate advanced technologies
capable of energy intensity reductions and increased environmental
performance in energy-intensive commercial application sectors;
and
(iii) promote the use of the processes, technologies, and techniques
described in clauses (i) and (ii); and
(B) pay the Federal share of the cost of any eligible partnership
activities for which a proposal has been submitted and approved in
accordance with paragraph (3)(B).
(2) ELIGIBLE ACTIVITIES- Partnership activities eligible for financial
assistance under this subsection include--
(A) feedstock and recycling research, development, and demonstration
activities to identify and promote--
(i) opportunities for meeting manufacturing feedstock requirements
with more energy efficient and flexible sources of feedstock or energy
supply;
(ii) strategies to develop and deploy technologies that improve the
quality and quantity of feedstocks recovered from process and waste
streams; and
(iii) other methods using recycling, reuse, and improved industrial
materials;
(B) industrial and commercial energy efficiency and sustainability
assessments to--
(i) assist individual industrial and commercial sectors in
developing tools, techniques, and methodologies to assess--
(I) the unique processes and facilities of the
sectors;
(II) the energy utilization requirements of the sectors;
and
(III) the application of new, more energy efficient technologies;
and
(ii) conduct energy savings assessments;
(C) the incorporation of technologies and innovations that would
significantly improve the energy efficiency and utilization of
energy-intensive commercial applications; and
(D) any other activities that the Secretary determines to be
appropriate.
(A) IN GENERAL- To be eligible for financial assistance under this
subsection, a partnership shall submit to the Secretary a proposal that
describes the proposed research, development, or demonstration activity to
be conducted by the partnership.
(B) REVIEW- After reviewing the scientific, technical, and commercial
merit of a proposals submitted under subparagraph (A), the Secretary shall
approve or disapprove the proposal.
(C) COMPETITIVE AWARDS- The provision of financial assistance under
this subsection shall be on a competitive basis.
(4) COST-SHARING REQUIREMENT- In carrying out this section, the
Secretary shall require cost sharing in accordance with section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and each fiscal
year thereafter.
(2) PARTNERSHIP ACTIVITIES- Of the amounts made available under
paragraph (1), not less than 50 percent shall be used to pay the Federal
share of partnership activities under subsection (c).
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General- As soon as practicable after the date of enactment of this
Act, the Secretary shall establish a research and development program to
determine ways in which--
(1) the weight of vehicles may be reduced to improve fuel efficiency
without compromising passenger safety; and
(2) the cost of lightweight materials (such as steel alloys, fiberglass,
and carbon composites) required for the construction of lighter-weight
vehicles may be reduced.
(b) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal years
2007 through 2012.
SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General- Section 712(a) of the Energy Policy Act of 2005 (42 U.S.C.
16062(a)) is amended in the second sentence by striking `grants to automobile
manufacturers' and inserting `grants and loan guarantees under section 1703 to
automobile manufacturers and suppliers'.
(b) Conforming Amendment- Section 1703(b) of the Energy Policy Act of 2005
(42 U.S.C. 16513(b)) is amended by striking paragraph (8) and inserting the
following:
`(8) Production facilities for the manufacture of fuel efficient
vehicles or parts of those vehicles, including electric drive transportation
technology and advanced diesel vehicles.'.
SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
(a) Definitions- In this section:
(1) ADJUSTED AVERAGE FUEL ECONOMY- The term `adjusted average fuel
economy' means the average fuel economy of a manufacturer for all light duty
vehicles produced by the manufacturer, adjusted such that the fuel economy
of each vehicle that qualifies for an award shall be considered to be equal
to the average fuel economy for vehicles of a similar footprint for model
year 2005.
(2) ADVANCED TECHNOLOGY VEHICLE- The term `advanced technology vehicle'
means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in regulations
issued by the Administrator of the Environmental Protection Agency under
section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a
lower-numbered Bin emission standard;
(B) any new emission standard for fine particulate matter prescribed
by the Administrator under that Act (42 U.S.C. 7401 et seq.); and
(C) at least 125 percent of the average base year combined fuel
economy, calculated on an energy-equivalent basis, for vehicles of a
substantially similar footprint.
(3) COMBINED FUEL ECONOMY- The term `combined fuel economy'
means--
(A) the combined city/highway miles per gallon values, as reported in
accordance with section 32908 of title 49, United States Code;
and
(B) in the case of an electric drive vehicle with the ability to
recharge from an off-board source, the reported mileage, as determined in
a manner consistent with the Society of Automotive Engineers recommended
practice for that configuration or a similar practice recommended by the
Secretary, using a petroleum equivalence factor for the off-board
electricity (as defined in section 474 of title 10, Code of Federal
Regulations).
(4) ENGINEERING INTEGRATION COSTS- The term `engineering integration
costs' includes the cost of engineering tasks relating to--
(A) incorporating qualifying components into the design of advanced
technology vehicles; and
(B) designing new tooling and equipment for production facilities that
produce qualifying components or advanced technology vehicles.
(5) QUALIFYING COMPONENTS- The term `qualifying components' means
components that the Secretary determines to be--
(A) specially designed for advanced technology vehicles; and
(B) installed for the purpose of meeting the performance requirements
of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility- The Secretary shall provide
facility funding awards under this section to automobile manufacturers and
component suppliers to pay not more than 30 percent of the cost of--
(1) reequipping, expanding, or establishing a manufacturing facility in
the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States of qualifying
vehicles and qualifying components.
(c) Period of Availability- An award under subsection (b) shall apply
to--
(1) facilities and equipment placed in service before December 30, 2017;
and
(2) engineering integration costs incurred during the period beginning
on the date of enactment of this Act and ending on December 30, 2017.
(d) Improvement- The Secretary shall issue regulations that require that,
in order for an automobile manufacturer to be eligible for an award under this
section during a particular year, the adjusted average fuel economy of the
manufacturer for light duty vehicles produced by the manufacturer during the
most recent year for which data are available shall be not less than the
average fuel economy for all light duty vehicles of the manufacturer for model
year 2005.
SEC. 244. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title- This section may be cited as the `United States Energy
Storage Competitiveness Act of 2007'.
(b) Energy Storage Systems for Motor Transportation and Electricity
Transmission and Distribution-
(1) DEFINITIONS- In this subsection:
(A) COUNCIL- The term `Council' means the Energy Storage Advisory
Council established under paragraph (3).
(B) COMPRESSED AIR ENERGY STORAGE- The term `compressed air energy
storage' means, in the case of an electricity grid application, the
storage of energy through the compression of air.
(C) DEPARTMENT- The term `Department' means the Department of
Energy.
(D) FLYWHEEL- The term `flywheel' means, in the case of an electricity
grid application, a device used to store rotational kinetic
energy.
(E) ULTRACAPACITOR- The term `ultracapacitor' means an energy storage
device that has a power density comparable to conventional capacitors but
capable of exceeding the energy density of conventional capacitors by
several orders of magnitude.
(2) PROGRAM- The Secretary shall carry out a research, development, and
demonstration program to support the ability of the United States to remain
globally competitive in energy storage systems for motor transportation and
electricity transmission and distribution.
(3) ENERGY STORAGE ADVISORY COUNCIL-
(A) ESTABLISHMENT- Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish an Energy Storage Advisory
Council.
(i) IN GENERAL- Subject to clause (ii), the Council shall consist of
not less than 15 individuals appointed by the Secretary, based on
recommendations of the National Academy of Sciences.
(ii) ENERGY STORAGE INDUSTRY- The Council shall consist primarily of
representatives of the energy storage industry of the United
States.
(iii) CHAIRPERSON- The Secretary shall select a Chairperson for the
Council from among the members appointed under clause (i).
(i) IN GENERAL- The Council shall meet not less than once a
year.
(ii) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee
Act (5 U.S.C. App. 2) shall apply to a meeting of the
Council.
(D) PLANS- No later than 1 year after the date of enactment of this
Act, in conjunction with the Secretary, the Council shall develop 5-year
plans for integrating basic and applied research so that the United States
retains a globally competitive domestic energy storage industry for motor
transportation and electricity transmission and distribution.
(E) REVIEW- The Council shall--
(i) assess the performance of the Department in meeting the goals of
the plans developed under subparagraph (D); and
(ii) make specific recommendations to the Secretary on programs or
activities that should be established or terminated to meet those
goals.
(4) BASIC RESEARCH PROGRAM-
(A) BASIC RESEARCH- The Secretary shall conduct a basic research
program on energy storage systems to support motor transportation and
electricity transmission and distribution, including--
(ii) materials synthesis and characterization;
(iii) electrolytes, including bioelectrolytes;
(iv) surface and interface dynamics; and
(v) modeling and simulation.
(B) NANOSCIENCE CENTERS- The Secretary shall ensure that the
nanoscience centers of the Department--
(i) support research in the areas described in subparagraph (A), as
part of the mission of the centers; and
(ii) coordinate activities of the centers with activities of the
Council.
(5) APPLIED RESEARCH PROGRAM- The Secretary shall conduct an applied
research program on energy storage systems to support motor transportation
and electricity transmission and distribution technologies,
including--
(D) compressed air energy systems;
(E) power conditioning electronics; and
(F) manufacturing technologies for energy storage systems.
(6) ENERGY STORAGE RESEARCH CENTERS-
(A) IN GENERAL- The Secretary shall establish, through competitive
bids, 4 energy storage research centers to translate basic research into
applied technologies to advance the capability of the United States to
maintain a globally competitive posture in energy storage systems for
motor transportation and electricity transmission and
distribution.
(B) PROGRAM MANAGEMENT- The centers shall be jointly managed by the
Under Secretary for Science and the Under Secretary of Energy of the
Department.
(C) PARTICIPATION AGREEMENTS- As a condition of participating in a
center, a participant shall enter into a participation agreement with the
center that requires that activities conducted by the participant for the
center promote the goal of enabling the United States to compete
successfully in global energy storage markets.
(D) PLANS- A center shall conduct activities that promote the
achievement of the goals of the plans of the Council under paragraph
(3)(D).
(E) COST SHARING- In carrying out this paragraph, the Secretary shall
require cost-sharing in accordance with section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352).
(F) NATIONAL LABORATORIES- A national laboratory (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) may
participate in a center established under this paragraph, including a
cooperative research and development agreement (as defined in section
12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(G) INTELLECTUAL PROPERTY- A participant shall be provided appropriate
intellectual property rights commensurate with the nature of the
participation agreement of the participant.
(7) REVIEW BY NATIONAL ACADEMY OF SCIENCES- Not later than 5 years after
the date of enactment of this Act, the Secretary shall offer to enter into
an arrangement with the National Academy of Sciences to assess the
performance of the Department in making the United States globally
competitive in energy storage systems for motor transportation and
electricity transmission and distribution.
(8) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out--
(A) the basic research program under paragraph (4) $50,000,000 for
each of fiscal years 2008 through 2017;
(B) the applied research program under paragraph (5) $80,000,000 for
each of fiscal years 2008 through 2017; and;
(C) the energy storage research center program under paragraph (6)
$100,000,000 for each of fiscal years 2008 through 2017.
SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.
(a) Electric Drive Vehicle Demonstration Program-
(1) DEFINITION OF ELECTRIC DRIVE VEHICLE- In this subsection, the term
`electric drive vehicle' means a precommercial vehicle that--
(A) draws motive power from a battery with at least 4 kilowatt-hours
of electricity;
(B) can be recharged from an external source of electricity for motive
power; and
(C) is a light-, medium-, or heavy-duty onroad or nonroad
vehicle.
(2) PROGRAM- The Secretary shall establish a competitive program to
provide grants for demonstrations of electric drive vehicles.
(3) ELIGIBILITY- A State government, local government, metropolitan
transportation authority, air pollution control district, private entity,
and nonprofit entity shall be eligible to receive a grant under this
subsection.
(4) PRIORITY- In making grants under this subsection, the Secretary
shall give priority to proposals that--
(A) are likely to contribute to the commercialization and production
of electric drive vehicles in the United States; and
(B) reduce petroleum usage.
(5) SCOPE OF DEMONSTRATIONS- The Secretary shall ensure, to the extent
practicable, that the program established under this subsection includes a
variety of applications, manufacturers, and end-uses.
(6) REPORTING- The Secretary shall require a grant recipient under this
subsection to submit to the Secretary, on an annual basis, data relating to
vehicle, performance, life cycle costs, and emissions of vehicles
demonstrated under the grant, including emissions of greenhouse gases.
(7) COST SHARING- Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a grant made under this subsection.
(8) AUTHORIZATIONS OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subsection $60,000,000 for each of fiscal
years 2008 through 2012, of which not less than $20,000,000 shall be
available each fiscal year only to make grants local and municipal
governments.
(b) Near-Term Oil Saving Transportation Deployment Program-
(1) DEFINITION OF QUALIFIED TRANSPORTATION PROJECT- In this subsection,
the term `qualified transportation project' means--
(A) a project that simultaneously reduces emissions of criteria
pollutants, greenhouse gas emissions, and petroleum usage by at least 40
percent as compared to commercially available, petroleum-based
technologies used in nonroad vehicles; and
(B) an electrification project involving onroad commercial trucks,
rail transportation, or ships, and any associated infrastructure
(including any panel upgrades, battery chargers, trenching, and
alternative fuel infrastructure).
(2) PROGRAM- Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of Transportation,
shall establish a program to provide grants to eligible entities for the
conduct of qualified transportation projects.
(3) PRIORITY- In providing grants under this subsection, the Secretary
shall give priority to large-scale projects and large-scale aggregators of
projects.
(4) COST SHARING- Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a grant made under this subsection.
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to carry this
subsection $90,000,000 for each of fiscal years 2008 through 2013.
Subtitle D--Setting Energy Efficiency Goals
SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN TRANSPORTATION.
(a) Goals- The goals of the United States are to reduce gasoline usage in
the United States from the levels projected under subsection (b) by--
(1) 20 percent by calendar year 2017;
(2) 35 percent by calendar year 2025; and
(3) 45 percent by calendar year 2030.
(b) Measurement- For purposes of subsection (a), reduction in gasoline
usage shall be measured from the estimates for each year in subsection (a)
contained in the reference case in the report of the Energy Information
Administration entitled `Annual Energy Outlook 2007'.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary, in cooperation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate Federal
agencies, shall develop a strategic plan to achieve the national goals for
reduction in gasoline usage established under subsection (a).
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a
manner that provides appropriate opportunities for public comment.
(d) Plan Contents- The strategic plan shall--
(1) establish future regulatory, funding, and policy priorities to
ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations used to
establish baseline and energy savings data.
(1) IN GENERAL- The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national energy policy
plan required by section 801 of the Department of Energy Organization Act
(42 U.S.C. 7321).
(2) CONTENTS- In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency policies to
achieve the national goals established under subsection (a); and
(B) to the maximum extent practicable, verify energy savings resulting
from the policies.
(f) Report to Congress and Public- The Secretary shall submit to Congress,
and make available to the public, the initial strategic plan developed under
subsection (c) and each updated plan.
SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.
(a) Goals- The goals of the United States are--
(1) to achieve an improvement in the overall energy productivity of the
United States (measured in gross domestic product per unit of energy input)
of at least 2.5 percent per year by the year 2012; and
(2) to maintain that annual rate of improvement each year through
2030.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary, in cooperation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate Federal
agencies, shall develop a strategic plan to achieve the national goals for
improvement in energy productivity established under subsection (a).
(2) PUBLIC INPUT AND COMMENT- The Secretary shall develop the plan in a
manner that provides appropriate opportunities for public input and
comment.
(c) Plan Contents- The strategic plan shall--
(1) establish future regulatory, funding, and policy priorities to
ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations used to
establish baseline and energy savings data.
(1) IN GENERAL- The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national energy policy
plan required by section 801 of the Department of Energy Organization Act
(42 U.S.C. 7321).
(2) CONTENTS- In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency policies to
achieve the national goals established under subsection (a); and
(B) verify, to the maximum extent practicable, energy savings
resulting from the policies.
(e) Report to Congress and Public- The Secretary shall submit to Congress,
and make available to the public, the initial strategic plan developed under
subsection (b) and each updated plan.
SEC. 253. NATIONAL MEDIA CAMPAIGN.
(a) In General- The Secretary, acting through the Assistant Secretary for
Energy Efficiency and Renewable Energy (referred to in this section as the
`Secretary'), shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of the United
States over the next decade;
(2) to promote the national security benefits associated with increased
energy efficiency; and
(3) to decrease oil consumption in the United States over the next
decade.
(b) Contract With Entity- The Secretary shall carry out subsection (a)
directly or through--
(1) competitively bid contracts with 1 or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements; or
(2) collective agreements with 1 or more nationally recognized
institutes, businesses, or nonprofit organizations for the funding,
development, and distribution of monthly television, radio, and newspaper
public service announcements.
(1) IN GENERAL- Amounts made available to carry out this section shall
be used for the following:
(i) The purchase of media time and space.
(ii) Creative and talent costs.
(iii) Testing and evaluation of advertising.
(iv) Evaluation of the effectiveness of the media
campaign.
(B) ADMINISTRATIVE COSTS- Operational and management
expenses.
(2) LIMITATIONS- In carrying out this section, the Secretary shall
allocate not less than 85 percent of funds made available under subsection
(e) for each fiscal year for the advertising functions specified under
paragraph (1)(A).
(d) Reports- The Secretary shall annually submit to Congress a report that
describes--
(1) the strategy of the national media campaign and whether specific
objectives of the campaign were accomplished, including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration whether the media
campaign contributed to reduction of energy consumption;
(2) steps taken to ensure that the national media campaign operates in
an effective and efficient manner consistent with the overall strategy and
focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal funds are
used responsibly to purchase advertising time and space and eliminate the
potential for waste, fraud, and abuse; and
(5) all contracts or cooperative agreements entered into with a
corporation, partnership, or individual working on behalf of the national
media campaign.
(e) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this
section $5,000,000 for each of fiscal years 2008 through 2012.
(2) DECREASED OIL CONSUMPTION- The Secretary shall use not less than 50
percent of the amount that is made available under this section for each
fiscal year to develop and conduct a national media campaign to decrease oil
consumption in the United States over the next decade.
SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.
(a) Statement of Policy- It is the policy of the United States that
developing and deploying advanced technology to modernize and increase the
efficiency of the electricity grid system of the United States is essential to
maintain a reliable and secure electricity transmission and distribution
infrastructure that can meet future demand growth.
(b) Programs- The Secretary, the Federal Energy Regulatory Commission, and
other Federal agencies, as appropriate, shall carry out programs to support
the use, development, and demonstration of advanced transmission and
distribution technologies, including real-time monitoring and analytical
software--
(1) to maximize the capacity and efficiency of electricity
networks;
(2) to enhance grid reliability;
(3) to reduce line losses;
(4) to facilitate the transition to real-time electricity pricing;
(5) to allow grid incorporation of more onsite renewable energy
generators;
(6) to enable electricity to displace a portion of the petroleum used to
power the national transportation system of the United States; and
(7) to enable broad deployment of distributed generation and demand side
management technology.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy
SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.
(a) Federal Fleet Conservation Requirements-
(1) IN GENERAL- Part J of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6374 et seq.) is amended by adding at the end
the following:
`SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
`(a) Mandatory Reduction in Petroleum Consumption-
`(1) IN GENERAL- The Secretary shall issue regulations (including
provisions for waivers from the requirements of this section) for Federal
fleets subject to section 400AA requiring that not later than October 1,
2015, each Federal agency achieve at least a 20 percent reduction in
petroleum consumption, and that each Federal agency increase alternative
fuel consumption by 10 percent annually, as calculated from the baseline
established by the Secretary for fiscal year 2005.
`(A) REQUIREMENT- The regulations shall require each Federal agency to
develop a plan to meet the required petroleum reduction levels and the
alternative fuel consumption increases.
`(B) MEASURES- The plan may allow an agency to meet the required
petroleum reduction level through--
`(i) the use of alternative fuels;
`(ii) the acquisition of vehicles with higher fuel economy,
including hybrid vehicles, neighborhood electric vehicles, electric
vehicles, and plug-in hybrid vehicles if the vehicles are commercially
available;
`(iii) the substitution of cars for light trucks;
`(iv) an increase in vehicle load factors;
`(v) a decrease in vehicle miles traveled;
`(vi) a decrease in fleet size; and
`(b) Federal Employee Incentive Programs for Reducing Petroleum
Consumption-
`(1) IN GENERAL- Each Federal agency shall actively promote incentive
programs that encourage Federal employees and contractors to reduce
petroleum usage through the use of practices such as--
`(2) MONITORING AND SUPPORT FOR INCENTIVE PROGRAMS- The Administrator of
General Services, the Director of the Office of Personnel Management, and
the Secretary of Energy shall monitor and provide appropriate support to
agency programs described in paragraph (1).
`(3) RECOGNITION- The Secretary may establish a program under which the
Secretary recognizes private sector employers and State and local
governments for outstanding programs to reduce petroleum usage through
practices described in paragraph (1).
`(1) IN GENERAL- Except as provided in paragraph (2), the regulations
issued under subsection (a)(1) shall include a requirement that, to the
maximum extent practicable, each Federal agency purchase energy-efficient
replacement tires for the respective fleet vehicles of the agency.
`(2) EXCEPTIONS- This section does not apply to--
`(A) law enforcement motor vehicles;
`(B) emergency motor vehicles; or
`(C) motor vehicles acquired and used for military purposes that the
Secretary of Defense has certified to the Secretary must be exempt for
national security reasons.
`(d) Annual Reports on Compliance- The Secretary shall submit to Congress
an annual report that summarizes actions taken by Federal agencies to comply
with this section.'.
(2) TABLE OF CONTENTS AMENDMENT- The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at
the end of the items relating to part J of title III the following:
`Sec. 400FF. Federal fleet conservation requirements.'.
(b) Authorization of Appropriations- There is authorized to be
appropriated to carry out the amendment made by this section $10,000,000 for
the period of fiscal years 2008 through 2013.
SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY GENERATED BY RENEWABLE
ENERGY.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is
amended--
(1) by striking subsection (a) and inserting the following:
`(1) IN GENERAL- The President, acting through the Secretary, shall
require that, to the extent economically feasible and technically
practicable, of the total quantity of domestic electric energy the Federal
Government consumes during any fiscal year, the following percentages shall
be renewable energy from facilities placed in service after January 1,
1999:
`(A) Not less than 10 percent in fiscal year 2010.
`(B) Not less than 15 percent in fiscal year 2015.
`(2) CAPITOL COMPLEX- The Architect of the Capitol, in consultation with
the Secretary, shall ensure that, of the total quantity of electric energy
the Capitol complex consumes during any fiscal year, the percentages
prescribed in paragraph (1) shall be renewable energy.
`(3) WAIVER AUTHORITY- The President may reduce or waive the requirement
under paragraph (1) on a fiscal-year basis if the President determines that
complying with paragraph (1) for a fiscal year would result in--
`(A) a negative impact on military training or readiness activities
conducted by the Department of Defense;
`(B) a negative impact on domestic preparedness activities conducted
by the Department of Homeland Security; or
`(C) a requirement that a Federal agency provide emergency response
services in the event of a natural disaster or terrorist attack.';
and
(2) by adding at the end the following:
`(e) Contracts for Renewable Energy From Public Utility Services-
Notwithstanding section 501(b)(1)(B) of title 40, United States Code, a
contract for renewable energy from a public utility service may be made for a
period of not more than 50 years.'.
SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Retention of Savings- Section 546(c) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(c)) is amended by striking paragraph
(5).
(b) Sunset and Reporting Requirements- Section 801 of the National Energy
Conservation Policy Act (42 U.S.C. 8287) is amended by striking subsection
(c).
(c) Definition of Energy Savings- Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii), respectively, and indenting appropriately;
(2) by striking `means a reduction' and inserting `means--
(3) by striking the period at the end and inserting a semicolon;
and
(4) by adding at the end the following:
`(B) the increased efficient use of an existing energy source by
cogeneration or heat recovery, and installation of renewable energy
systems;
`(C) if otherwise authorized by Federal or State law (including
regulations), the sale or transfer of electrical or thermal energy
generated on-site from renewable energy sources or cogeneration, but in
excess of Federal needs, to utilities or non-Federal energy users;
and
`(D) the increased efficient use of existing water sources in interior
or exterior applications.'.
(1) AUTHORITY TO ENTER INTO CONTRACTS- Section 801(a)(2)(D) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is
amended--
(A) in clause (ii), by inserting `and' after the semicolon at the
end;
(B) by striking clause (iii); and
(C) by redesignating clause (iv) as clause (iii).
(2) REPORTS- Section 548(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting `and any
termination penalty exposure' after `the energy and cost savings that have
resulted from such contracts'.
(3) CONFORMING AMENDMENT- Section 2913 of title 10, United States Code,
is amended by striking subsection (e).
(e) Energy and Cost Savings in Nonbuilding Applications-
(1) DEFINITIONS- In this subsection:
(A) NONBUILDING APPLICATION- The term `nonbuilding application'
means--
(i) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle, device, or
equipment by land, sea, or air and that consumes energy from any fuel
source for the purpose of--
(I) that transportation; or
(II) maintaining a controlled environment within the vehicle,
device, or equipment; and
(ii) any federally-owned equipment used to generate electricity or
transport water.
(i) IN GENERAL- The term `secondary savings' means additional energy
or cost savings that are a direct consequence of the energy savings that
result from the energy efficiency improvements that were financed and
implemented pursuant to an energy savings performance
contract.
(ii) INCLUSIONS- The term `secondary savings' includes--
(I) energy and cost savings that result from a reduction in the
need for fuel delivery and logistical support;
(II) personnel cost savings and environmental benefits;
and
(III) in the case of electric generation equipment, the benefits
of increased efficiency in the production of electricity, including
revenues received by the Federal Government from the sale of
electricity so produced.
(A) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall jointly
conduct, and submit to Congress and the President a report of, a study of
the potential for the use of energy savings performance contracts to
reduce energy consumption and provide energy and cost savings in
nonbuilding applications.
(B) REQUIREMENTS- The study under this subsection shall
include--
(i) an estimate of the potential energy and cost savings to the
Federal Government, including secondary savings and benefits, from
increased efficiency in nonbuilding applications;
(ii) an assessment of the feasibility of extending the use of energy
savings performance contracts to nonbuilding applications, including an
identification of any regulatory or statutory barriers to such use;
and
(iii) such recommendations as the Secretary and Secretary of Defense
determine to be appropriate.
SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL BUILDINGS.
Section 543(a)(1) of the National Energy Conservation Policy Act (42
U.S.C. 8253(a)(1)) is amended by striking the table and inserting the
following:
`Fiscal Year
Percentage reduction
2006
--2
2007
--4
2008
--9
2009
--12
2010
--15
2011
--18
2012
--21
2013
--24
2014
--27
2015
--30.'.
SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY INSTALLATIONS AT
FEDERAL SITES.
Section 543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is amended by adding at the end the following:
`(f) Combined Heat and Power and District Energy Installations at Federal
Sites-
`(1) IN GENERAL- Not later than 18 months after the date of enactment of
this subsection, the Secretary, in consultation with the Administrator of
General Services and the Secretary of Defense, shall identify Federal sites
that could achieve significant cost-effective energy savings through the use
of combined heat and power or district energy installations.
`(2) INFORMATION AND TECHNICAL ASSISTANCE- The Secretary shall provide
agencies with information and technical assistance that will enable the
agencies to take advantage of the energy savings described in paragraph
(1).
`(3) ENERGY PERFORMANCE REQUIREMENTS- Any energy savings from the
installations described in paragraph (1) may be applied to meet the energy
performance requirements for an agency under subsection (a)(1).'.
SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking `this paragraph' and
by inserting `the Energy Efficiency Promotion Act of 2007'; and
(A) in subclause (I), by striking `and' at the end;
(B) by redesignating subclause (II) as subclause (III); and
(C) by inserting after subclause (I) the following:
`(II) the buildings be designed, to the extent economically feasible
and technically practicable, so that the fossil fuel-generated energy
consumption of the buildings is reduced, as compared with the fossil
fuel-generated energy consumption by a similar Federal building in fiscal
year 2003 (as measured by Commercial Buildings Energy Consumption Survey
or Residential Energy Consumption Survey data from the Energy Information
Agency), by the percentage specified in the following table:
`Fiscal Year
Percentage reduction
2007
--50
2010
--60
2015
--70
2020
--80
2025
--90
2030
--100;
SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION CODE TO PUBLIC
AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12709) is amended--
(1) in subsection (a)(1)(C), by striking, `, where such standards are
determined to be cost effective by the Secretary of Housing and Urban
Development';
(2) in subsection (a)(2)--
(A) by striking `the Council of American Building Officials Model
Energy Code, 1992' and inserting `2006 International Energy Conservation
Code'; and
(B) by striking `, and, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(A) in the heading, by striking `Model Energy Code- ' and inserting
`International Energy Conservation Code- ';
(B) after `all new construction' in the first sentence insert `and
rehabilitation'; and
(C) by striking `, and, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(A) in the heading, by striking `Model Energy Code and'; and
(B) by striking `, or, with respect to rehabilitation and new
construction of public and assisted housing funded by HOPE VI
revitalization grants under section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation
Code';
(5) by adding at the end the following:
`(d) Failure To Amend the Standards- If the Secretaries have not, within 1
year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1-2004
are revised, amended the standards or made a determination under subsection
(c) of this section, and if the Secretary of Energy has made a determination
under section 304 of the Energy Conservation and Production Act (42 U.S.C.
6833) that the revised code or standard would improve energy efficiency, all
new construction and rehabilitation of housing specified in subsection (a)
shall meet the requirements of the revised code or standard.';
(6) by striking `CABO Model Energy Code, 1992' each place it appears and
inserting `the 2006 IECC'; and
(7) by striking `1989' each place it appears and inserting `2004'.
SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions- In this section:
(1) CONSORTIUM- The term `consortium' means a working group that is
comprised of--
(A) individuals representing--
(i) 1 or more businesses engaged in--
(I) commercial building development;
(ii) financial institutions;
(iii) academic or research institutions;
(iv) State or utility energy efficiency programs;
(v) nongovernmental energy efficiency organizations; and
(vi) the Federal Government;
(B) 1 or more building designers; and
(C) 1 or more individuals who own or operate 1 or more
buildings.
(2) ENERGY EFFICIENT COMMERCIAL BUILDING- The term `energy efficient
commercial building' means a commercial building that is designed,
constructed, and operated--
(A) to require a greatly reduced quantity of energy;
(B) to meet, on an annual basis, the balance of energy needs of the
commercial building from renewable sources of energy; and
(C) to be economically viable.
(3) INITIATIVE- The term `initiative' means the Energy Efficient
Commercial Buildings Initiative.
(1) IN GENERAL- The Secretary shall enter into an agreement with the
consortium to develop and carry out the initiative--
(A) to reduce the quantity of energy consumed by commercial buildings
located in the United States; and
(B) to achieve the development of energy efficient commercial
buildings in the United States.
(2) GOAL OF INITIATIVE- The goal of the initiative shall be to develop
technologies and practices and implement policies that lead to energy
efficient commercial buildings for--
(A) any commercial building newly constructed in the United States by
2030;
(B) 50 percent of the commercial building stock of the United States
by 2040; and
(C) all commercial buildings in the United States by 2050.
(3) COMPONENTS- In carrying out the initiative, the Secretary, in
collaboration with the consortium, may--
(A) conduct research and development on building design, materials,
equipment and controls, operation and other practices, integration, energy
use measurement and benchmarking, and policies;
(B) conduct demonstration projects to evaluate replicable approaches
to achieving energy efficient commercial buildings for a variety of
building types in a variety of climate zones;
(C) conduct deployment activities to disseminate information on, and
encourage widespread adoption of, technologies, practices, and policies to
achieve energy efficient commercial buildings; and
(D) conduct any other activity necessary to achieve any goal of the
initiative, as determined by the Secretary, in collaboration with the
consortium.
(c) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated such sums as are
necessary to carry out this section.
(2) ADDITIONAL FUNDING- In addition to amounts authorized to be
appropriated under paragraph (1), the Secretary may allocate funds from
other appropriations to the initiative without changing the purpose for
which the funds are appropriated.
Subtitle F--Assisting State and Local Governments in Energy
Efficiency
SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.
Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872)
is amended by striking `$700,000,000 for fiscal year 2008' and inserting
`$750,000,000 for each of fiscal years 2008 through 2012'.
SEC. 272. STATE ENERGY CONSERVATION PLANS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking `fiscal year 2008' and inserting `each of
fiscal years 2008 through 2012'.
SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities- Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the
following:
`(16) INTEGRATED RESOURCE PLANNING- Each electric utility shall--
`(A) integrate energy efficiency resources into utility, State, and
regional plans; and
`(B) adopt policies establishing cost-effective energy efficiency as a
priority resource.
`(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS-
`(A) IN GENERAL- The rates allowed to be charged by any electric
utility shall--
`(i) align utility incentives with the delivery of cost-effective
energy efficiency; and
`(ii) promote energy efficiency investments.
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall
consider--
`(i) removing the throughput incentive and other regulatory and
management disincentives to energy efficiency;
`(ii) providing utility incentives for the successful management of
energy efficiency programs;
`(iii) including the impact on adoption of energy efficiency as 1 of
the goals of retail rate design, recognizing that energy efficiency must
be balanced with other objectives;
`(iv) adopting rate designs that encourage energy efficiency for
each customer class; and
`(v) allowing timely recovery of energy efficiency-related
costs.'.
(b) Natural Gas Utilities- Section 303(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 3203(b)) is amended by adding at the end the
following:
`(5) ENERGY EFFICIENCY- Each natural gas utility shall--
`(A) integrate energy efficiency resources into the plans and planning
processes of the natural gas utility; and
`(B) adopt policies that establish energy efficiency as a priority
resource in the plans and planning processes of the natural gas
utility.
`(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS-
`(A) IN GENERAL- The rates allowed to be charged by a natural gas
utility shall align utility incentives with the deployment of
cost-effective energy efficiency.
`(B) POLICY OPTIONS- In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall
consider--
`(i) separating fixed-cost revenue recovery from the volume of
transportation or sales service provided to the customer;
`(ii) providing to utilities incentives for the successful
management of energy efficiency programs, such as allowing utilities to
retain a portion of the cost-reducing benefits accruing from the
programs;
`(iii) promoting the impact on adoption of energy efficiency as 1 of
the goals of retail rate design, recognizing that energy efficiency must
be balanced with other objectives; and
`(iv) adopting rate designs that encourage energy efficiency for
each customer class.'.
SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM ASSISTANCE.
The Secretary shall provide technical assistance regarding the design and
implementation of the energy efficiency and demand response programs
established under this title, and the amendments made by this title, to State
energy offices, public utility regulatory commissions, and nonregulated
utilities through the appropriate national laboratories of the Department of
Energy.
SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
Title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) is amended by adding at the end the following:
`SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
`(a) Definitions- In this section
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(B) an eligible unit of local government within a State; and
`(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT- The term `eligible unit of local
government' means--
`(A) a city with a population--
`(i) of at least 35,000; or
`(ii) that causes the city to be 1 of the top 10 most populous
cities of the State in which the city is located; and
`(B) a county with a population--
`(i) of at least 200,000; or
`(ii) that causes the county to be 1 of the top 10 most populous
counties of the State in which the county is located.
`(3) SECRETARY- The term `Secretary' means the Secretary of
Energy.
`(4) STATE- The term `State' means--
`(B) the District of Columbia;
`(C) the Commonwealth of Puerto Rico; and
`(D) any other territory or possession of the United States.
`(b) Purpose- The purpose of this section is to assist State and local
governments in implementing strategies--
`(1) to reduce fossil fuel emissions created as a result of activities
within the boundaries of the States or units of local government;
`(2) to reduce the total energy use of the States and units of local
government; and
`(3) to improve energy efficiency in the transportation sector, building
sector, and any other appropriate sectors.
`(1) IN GENERAL- The Secretary shall provide to eligible entities block
grants to carry out eligible activities (as specified under paragraph (2))
relating to the implementation of environmentally beneficial energy
strategies.
`(2) ELIGIBLE ACTIVITIES- The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of
Transportation, and the Secretary of Housing and Urban Development, shall
establish a list of activities that are eligible for assistance under the
grant program.
`(3) ALLOCATION TO STATES AND ELIGIBLE UNITS OF LOCAL GOVERNMENT-
`(A) IN GENERAL- Of the amounts made available to provide grants under
this subsection, the Secretary shall allocate--
`(i) 70 percent to eligible units of local government;
and
`(ii) 30 percent to States.
`(B) DISTRIBUTION TO ELIGIBLE UNITS OF LOCAL GOVERNMENT-
`(i) IN GENERAL- The Secretary shall establish a formula for the
distribution of amounts under subparagraph (A)(i) to eligible units of
local government, taking into account any factors that the Secretary
determines to be appropriate, including the residential and daytime
population of the eligible units of local government.
`(ii) CRITERIA- Amounts shall be distributed to eligible units of
local government under clause (i) only if the eligible units of local
government meet the criteria for distribution established by the
Secretary for units of local government.
`(C) DISTRIBUTION TO STATES-
`(i) IN GENERAL- Of the amounts provided to States under
subparagraph (A)(ii), the Secretary shall distribute--
`(I) at least 1.25 percent to each State; and
`(II) the remainder among the States, based on a formula, to be
determined by the Secretary, that takes into account the population of
the States and any other criteria that the Secretary determines to be
appropriate.
`(ii) CRITERIA- Amounts shall be distributed to States under clause
(i) only if the States meet the criteria for distribution established by
the Secretary for States.
`(iii) LIMITATION ON USE OF STATE FUNDS- At least 40 percent of the
amounts distributed to States under this subparagraph shall be used by
the States for the conduct of eligible activities in nonentitlement
areas in the States, in accordance with any criteria established by the
Secretary.
`(4) REPORT- Not later than 2 years after the date on which an eligible
entity first receives a grant under this section, and every 2 years
thereafter, the eligible entity shall submit to the Secretary a report that
describes any eligible activities carried out using assistance provided
under this subsection.
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this subsection for
each of fiscal years 2008 through 2012.
`(d) Environmentally Beneficial Energy Strategies Supplemental Grant
Program-
`(1) IN GENERAL- The Secretary shall provide to each eligible entity
that meets the applicable criteria under subparagraph (B)(ii) or (C)(ii) of
subsection (c)(3) a supplemental grant to pay the Federal share of the total
costs of carrying out an activity relating to the implementation of an
environmentally beneficial energy strategy.
`(2) REQUIREMENTS- To be eligible for a grant under paragraph (1), an
eligible entity shall--
`(A) demonstrate to the satisfaction of the Secretary that the
eligible entity meets the applicable criteria under subparagraph (B)(ii)
or (C)(ii) of subsection (c)(3); and
`(B) submit to the Secretary for approval a plan that describes the
activities to be funded by the grant.
`(3) COST-SHARING REQUIREMENT-
`(A) FEDERAL SHARE- The Federal share of the cost of carrying out any
activities under this subsection shall be 75 percent.
`(i) FORM- Not more than 50 percent of the non-Federal share may be
in the form of in-kind contributions.
`(ii) LIMITATION- Amounts provided to an eligible entity under
subsection (c) shall not be used toward the non-Federal
share.
`(4) MAINTENANCE OF EFFORT- An eligible entity shall provide assurances
to the Secretary that funds provided to the eligible entity under this
subsection will be used only to supplement, not to supplant, the amount of
Federal, State, and local funds otherwise expended by the eligible entity
for eligible activities under this subsection.
`(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this subsection for
each of fiscal years 2008 through 2012.
`(e) Grants to Other States and Communities-
`(1) IN GENERAL- Of the total amount of funds that are made available
each fiscal year to carry out this section, the Secretary shall use 2
percent of the amount to make competitive grants under this section to
States and units of local government that are not eligible entities or to
consortia of such units of local government.
`(2) APPLICATIONS- To be eligible for a grant under this subsection, a
State, unit of local government, or consortia described in paragraph (1)
shall apply to the Secretary for a grant to carry out an activity that would
otherwise be eligible for a grant under subsection (c) or (d).
`(3) PRIORITY- In awarding grants under this subsection, the Secretary
shall give priority to--
`(A) States with populations of less than 2,000,000; and
`(B) projects that would result in significant energy efficiency
improvements, reductions in fossil fuel use, or capital
improvements.'.
SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF
HIGHER EDUCATION.
Part G of title III of the Energy Policy and Conservation Act is amended
by inserting after section 399 (42 U.S.C. 371h) the following:
`SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS OF
HIGHER EDUCATION.
`(a) Definitions- In this section:
`(1) ENERGY SUSTAINABILITY- The term `energy sustainability' includes
using a renewable energy resource and a highly efficient technology for
electricity generation, transportation, heating, or cooling.
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
`(b) Grants for Energy Efficiency Improvement-
`(1) IN GENERAL- The Secretary shall award not more than 100 grants to
institutions of higher education to carry out projects to improve energy
efficiency on the grounds and facilities of the institution of higher
education, including not less than 1 grant to an institution of higher
education in each State.
`(2) CONDITION- As a condition of receiving a grant under this
subsection, an institution of higher education shall agree to--
`(A) implement a public awareness campaign concerning the project in
the community in which the institution of higher education is located;
and
`(B) submit to the Secretary, and make available to the public,
reports on any efficiency improvements, energy cost savings, and
environmental benefits achieved as part of a project carried out under
paragraph (1).
`(c) Grants for Innovation in Energy Sustainability-
`(1) IN GENERAL- The Secretary shall award not more than 250 grants to
institutions of higher education to engage in innovative energy
sustainability projects, including not less than 2 grants to institutions of
higher education in each State.
`(2) INNOVATION PROJECTS- An innovation project carried out with a grant
under this subsection shall--
`(i) an innovative technology that is not yet commercially
available; or
`(ii) available technology in an innovative application that
maximizes energy efficiency and sustainability;
`(B) have the greatest potential for testing or demonstrating new
technologies or processes; and
`(C) ensure active student participation in the project, including the
planning, implementation, evaluation, and other phases of the
project.
`(3) CONDITION- As a condition of receiving a grant under this
subsection, an institution of higher education shall agree to submit to the
Secretary, and make available to the public, reports that describe the
results of the projects carried out under paragraph (1).
`(1) APPLICATION- An institution of higher education that seeks to
receive a grant under this section may submit to the Secretary an
application for the grant at such time, in such form, and containing such
information as the Secretary may prescribe.
`(2) SELECTION- The Secretary shall establish a committee to assist in
the selection of grant recipients under this section.
`(e) Allocation to Institutions of Higher Education With Small Endowments-
Of the amount of grants provided for a fiscal year under this section, the
Secretary shall provide not less 50 percent of the amount to institutions of
higher education that have an endowment of not more than $100,000,000, with 50
percent of the allocation set aside for institutions of higher education that
have an endowment of not more than $50,000,000.
`(f) Grant Amounts- The maximum amount of grants for a project under this
section shall not exceed--
`(1) in the case of grants for energy efficiency improvement under
subsection (b), $1,000,000; or
`(2) in the case of grants for innovation in energy sustainability under
subsection (c), $500,000.
`(g) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section for each of
fiscal years 2008 through 2012.'.
SEC. 277. WORKFORCE TRAINING.
Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 16411) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
`(1) IN GENERAL- The Secretary, in cooperation with the Secretary of
Labor, shall promulgate regulations to implement a program to provide
workforce training to meet the high demand for workers skilled in the energy
efficiency and renewable energy industries.
`(2) CONSULTATION- In carrying out this subsection, the Secretary shall
consult with representatives of the energy efficiency and renewable energy
industries concerning skills that are needed in those industries.'.
SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.
(a) Statement of Policy- Congress encourages each local educational agency
(as defined in section 9101(26) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(26))) that receives Federal funds under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to develop a
policy to reduce the incidence of school bus idling at schools while picking
up and unloading students.
(b) Authorization of Appropriations- There are authorized to be
appropriated to the Secretary, working in coordination with the Secretary of
Education, $5,000,000 for each of fiscal years 2007 through 2012 for use in
educating States and local education agencies about--
(1) benefits of reducing school bus idling; and
(2) ways in which school bus idling may be reduced.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the `Carbon Capture and Sequestration Act of
2007'.
SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in the section heading, by striking `research and development' and
inserting `and storage research, development, and demonstration';
(A) by striking `research and development' and inserting `and storage
research, development, and demonstration'; and
(B) by striking `capture technologies on combustion-based systems' and
inserting `capture and storage technologies related to energy
systems';
(A) in paragraph (3), by striking `and' at the end;
(B) in paragraph (4), by striking the period at the end and inserting
`; and'; and
(C) by adding at the end the following:
`(5) to expedite and carry out large-scale testing of carbon
sequestration systems in a range of geological formations that will provide
information on the cost and feasibility of deployment of sequestration
technologies.'; and
(4) by striking subsection (c) and inserting the following:
`(c) Programmatic Activities-
`(1) ENERGY RESEARCH AND DEVELOPMENT UNDERLYING CARBON CAPTURE AND
STORAGE TECHNOLOGIES AND CARBON USE ACTIVITIES-
`(A) IN GENERAL- The Secretary shall carry out fundamental science and
engineering research (including laboratory-scale experiments, numeric
modeling, and simulations) to develop and document the performance of new
approaches to capture and store, recycle, or reuse carbon
dioxide.
`(B) PROGRAM INTEGRATION- The Secretary shall ensure that fundamental
research carried out under this paragraph is appropriately applied to
energy technology development activities, the field testing of carbon
sequestration, and carbon use activities, including--
`(i) development of new or improved technologies for the capture of
carbon dioxide;
`(ii) development of new or improved technologies that reduce the
cost and increase the efficacy of the compression of carbon dioxide
required for the storage of carbon dioxide;
`(iii) modeling and simulation of geological sequestration field
demonstrations;
`(iv) quantitative assessment of risks relating to specific field
sites for testing of sequestration technologies; and
`(v) research and development of new and improved technologies for
carbon use, including recycling and reuse of carbon dioxide.
`(2) CARBON CAPTURE DEMONSTRATION PROJECT-
`(A) IN GENERAL- The Secretary shall carry out a demonstration of
large-scale carbon dioxide capture from an appropriate gasification
facility selected by the Secretary.
`(B) LINK TO STORAGE ACTIVITIES- The Secretary may require the use of
carbon dioxide from the project carried out under subparagraph (A) in a
field testing validation activity under this section.
`(3) FIELD VALIDATION TESTING ACTIVITIES-
`(A) IN GENERAL- The Secretary shall promote, to the maximum extent
practicable, regional carbon sequestration partnerships to conduct
geologic sequestration tests involving carbon dioxide injection and
monitoring, mitigation, and verification operations in a variety of
candidate geological settings, including--
`(i) operating oil and gas fields;
`(ii) depleted oil and gas fields;
`(iii) unmineable coal seams;
`(iv) deep saline formations;
`(v) deep geological systems that may be used as engineered
reservoirs to extract economical quantities of heat from geothermal
resources of low permeability or porosity; and
`(vi) deep geologic systems containing basalt
formations.
`(B) OBJECTIVES- The objectives of tests conducted under this
paragraph shall be--
`(i) to develop and validate geophysical tools, analysis, and
modeling to monitor, predict, and verify carbon dioxide
containment;
`(ii) to validate modeling of geological formations;
`(iii) to refine storage capacity estimated for particular
geological formations;
`(iv) to determine the fate of carbon dioxide concurrent with and
following injection into geological formations;
`(v) to develop and implement best practices for operations relating
to, and monitoring of, injection and storage of carbon dioxide in
geologic formations;
`(vi) to assess and ensure the safety of operations related to
geological storage of carbon dioxide; and
`(vii) to allow the Secretary to promulgate policies, procedures,
requirements, and guidance to ensure that the objectives of this
subparagraph are met in large-scale testing and deployment activities
for carbon capture and storage that are funded by the Department of
Energy.
`(4) LARGE-SCALE TESTING AND DEPLOYMENT-
`(A) IN GENERAL- The Secretary shall conduct not less than 7 initial
large-volume sequestration tests for geological containment of carbon
dioxide (at least 1 of which shall be international in scope) to validate
information on the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
`(B) DIVERSITY OF FORMATIONS TO BE STUDIED- In selecting formations
for study under this paragraph, the Secretary shall consider a variety of
geological formations across the United States, and require
characterization and modeling of candidate formations, as determined by
the Secretary.
`(5) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS PROPOSALS- In
making competitive awards under this subsection, subject to the requirements
of section 989, the Secretary shall give preference to proposals from
partnerships among industrial, academic, and government entities.
`(6) COST SHARING- Activities under this subsection shall be considered
research and development activities that are subject to the cost-sharing
requirements of section 988(b).
`(7) PROGRAM REVIEW AND REPORT- During fiscal year 2011, the Secretary
shall--
`(A) conduct a review of programmatic activities carried out under
this subsection; and
`(B) make recommendations with respect to continuation of the
activities.
`(d) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section--
`(1) $150,000,000 for fiscal year 2008;
`(2) $200,000,000 for fiscal year 2009;
`(3) $200,000,000 for fiscal year 2010;
`(4) $180,000,000 for fiscal year 2011; and
`(5) $165,000,000 for fiscal year 2012.'.
SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions- In this section
(1) ASSESSMENT- The term `assessment' means the national assessment of
capacity for carbon dioxide completed under subsection (f).
(2) CAPACITY- The term `capacity' means the portion of a storage
formation that can retain carbon dioxide in accordance with the requirements
(including physical, geological, and economic requirements) established
under the methodology developed under subsection (b).
(3) ENGINEERED HAZARD- The term `engineered hazard' includes the
location and completion history of any well that could affect potential
storage.
(4) RISK- The term `risk' includes any risk posed by geomechanical,
geochemical, hydrogeological, structural, and engineered hazards.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior,
acting through the Director of the United States Geological Survey.
(6) STORAGE FORMATION- The term `storage formation' means a deep saline
formation, unmineable coal seam, or oil or gas reservoir that is capable of
accommodating a volume of industrial carbon dioxide.
(b) Methodology- Not later than 1 year after the date of enactment of this
Act, the Secretary shall develop a methodology for conducting an assessment
under subsection (f), taking into consideration--
(1) the geographical extent of all potential storage formations in all
States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas recoverable by
injection and storage of industrial carbon dioxide in potential storage
formations;
(5) the risk associated with the potential storage formations; and
(6) the Carbon Sequestration Atlas of the United States and Canada that
was completed by the Department of Energy in April 2006.
(1) FEDERAL COORDINATION-
(A) CONSULTATION- The Secretary shall consult with the Secretary of
Energy and the Administrator of the Environmental Protection Agency on
issues of data sharing, format, development of the methodology, and
content of the assessment required under this title to ensure the maximum
usefulness and success of the assessment.
(B) COOPERATION- The Secretary of Energy and the Administrator shall
cooperate with the Secretary to ensure, to the maximum extent practicable,
the usefulness and success of the assessment.
(2) STATE COORDINATION- The Secretary shall consult with State
geological surveys and other relevant entities to ensure, to the maximum
extent practicable, the usefulness and success of the assessment.
(d) External Review and Publication- On completion of the methodology
under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the public and the
heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the matters
described in paragraphs (1) through (5) of subsection (b) composed, as
appropriate, of representatives of Federal agencies, institutions of higher
education, nongovernmental organizations, State organizations, industry, and
international geoscience organizations to review the methodology and
comments received under paragraph (1); and
(3) on completion of the review under paragraph (2), publish in the
Federal Register the revised final methodology.
(e) Periodic Updates- The methodology developed under this section shall
be updated periodically (including at least once every 5 years) to incorporate
new data as the data becomes available.
(1) IN GENERAL- Not later than 2 years after the date of publication of
the methodology under subsection (d)(1), the Secretary, in consultation with
the Secretary of Energy and State geological surveys, shall complete a
national assessment of capacity for carbon dioxide in accordance with the
methodology.
(2) GEOLOGICAL VERIFICATION- As part of the assessment under this
subsection, the Secretary shall carry out a drilling program to supplement
the geological data relevant to determining storage capacity of carbon
dioxide in geological storage formations, including--
(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS- As part of the drilling
program under paragraph (2), the Secretary shall enter, as appropriate, into
partnerships with other entities to collect and integrate data from other
drilling programs relevant to the storage of carbon dioxide in geologic
formations.
(4) INCORPORATION INTO NATCARB-
(A) IN GENERAL- On completion of the assessment, the Secretary of
Energy shall incorporate the results of the assessment using the NatCarb
database, to the maximum extent practicable.
(B) RANKING- The database shall include the data necessary to rank
potential storage sites for capacity and risk, across the United States,
within each State, by formation, and within each basin.
(5) REPORT- Not later than 180 days after the date on which the
assessment is completed, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Science and
Technology of the House of Representatives a report describing the findings
under the assessment.
(6) PERIODIC UPDATES- The national assessment developed under this
section shall be updated periodically (including at least once every 5
years) to support public and private sector decisionmaking.
(g) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $30,000,000 for the period of fiscal
years 2008 through 2012.
SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.
(a) Definitions- In this section:
(1) INDUSTRIAL SOURCES OF CARBON DIOXIDE- The term `industrial sources
of carbon dioxide' means one or more facilities to--
(A) generate electric energy from fossil fuels;
(C) manufacture iron or steel;
(D) manufacture cement or cement clinker;
(E) manufacture commodity chemicals (including from coal
gasification); or
(F) manufacture transportation fuels from coal.
(2) SECRETARY- The term `Secretary' means the Secretary of Energy.
(b) Program Establishment-
(1) IN GENERAL- The Secretary shall carry out a program to demonstrate
technologies for the large-scale capture of carbon dioxide from industrial
sources of carbon dioxide.
(2) SCOPE OF AWARD- An award under this section shall be only for the
portion of the project that carries out the large-scale capture (including
purification and compression) of carbon dioxide, as well as the cost of
transportation and injection of carbon dioxide.
(3) QUALIFICATIONS FOR AWARD- To be eligible for an award under this
section, a project proposal must include the following:
(A) CAPACITY- The capture of not less than eighty-five percent of the
produced carbon dioxide at the facility, and not less than 500,000 short
tons of carbon dioxide per year.
(B) STORAGE AGREEMENT- A binding agreement for the storage of all of
the captured carbon dioxide in--
(i) a field testing validation activity under section 963 of the
Energy Policy Act of 2005, as amended by this Act; or
(ii) other geological storage projects approved by the
Secretary.
(C) PURITY LEVEL- A purity level of at least 95 percent for the
captured carbon dioxide delivered for storage.
(D) COMMITMENT TO CONTINUED OPERATION OF SUCCESSFUL UNIT- If the
project successfully demonstrates capture and storage of carbon dioxide, a
commitment to continued capture and storage of carbon dioxide after the
conclusion of the demonstration.
(4) COST-SHARING- The cost-sharing requirements of section 988 of the
Energy Policy Act of 2005 shall apply to this section.
(c) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000 per year
for fiscal years 2009 through 2013.
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
SEC. 401. SHORT TITLE.
This title may be cited as the `Public Buildings Cost Reduction Act of
2007'.
SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(1) IN GENERAL- The Administrator of General Services (referred to in
this section as the `Administrator') shall establish a program to accelerate
the use of more cost-effective technologies and practices at GSA
facilities.
(2) REQUIREMENTS- The program established under this subsection
shall--
(A) ensure centralized responsibility for the coordination of cost
reduction recommendations, practices, and activities of all relevant
Federal agencies;
(B) provide technical assistance and operational guidance to
applicable tenants in order to achieve the goals identified in subsection
(c)(2)(A); and
(C) establish methods to track the success of departments and agencies
with respect to the goals identified in subsection (c)(2)(A).
(b) Accelerated Use of Cost-Effective Lighting Technologies-
(A) IN GENERAL- As part of the program under this subsection, not
later than 90 days after the date of enactment of this Act, the
Administrator shall conduct a review of--
(i) current use of cost-effective lighting technologies in GSA
facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies.
(B) REQUIREMENTS- The review under subparagraph (A) shall--
(i) examine the use of cost-effective lighting technologies and
other cost-effective technologies and practices by Federal agencies in
GSA facilities; and
(ii) identify, in consultation with the Environmental Protection
Agency, cost-effective lighting technology standards that could be used
for all types of GSA facilities.
(A) IN GENERAL- As part of the program under this subsection, not
later than 180 days after the date of enactment of this Act, the
Administrator shall establish a cost-effective lighting technology
acceleration program to achieve maximum feasible replacement of existing
lighting technologies with more cost-effective lighting technologies in
each GSA facility using available appropriations.
(B) ACCELERATION PLAN TIMETABLE-
(i) IN GENERAL- To implement the program established under
subparagraph (A), not later than 1 year after the date of enactment of
this Act, the Administrator shall establish a timetable including
milestones for specific activities needed to replace existing lighting
technologies with more cost-effective lighting technologies, to the
maximum extent feasible (including at the maximum rate feasible), at
each GSA facility.
(ii) GOAL- The goal of the timetable under clause (i) shall be to
complete, using available appropriations, maximum feasible replacement
of existing lighting technologies with more cost-effective lighting
technologies by not later than the date that is 5 years after the date
of enactment of this Act.
(c) GSA Facility Cost-Effective Technologies and Practices- Not later than
180 days after the date of enactment of this Act, and annually thereafter, the
Administrator shall--
(1) ensure that a manager responsible for accelerating the use of
cost-effective technologies and practices is designated for each GSA
facility; and
(2) submit to Congress a plan, to be implemented to the maximum extent
feasible (including at the maximum rate feasible) using available
appropriations, by not later than the date that is 5 years after the date of
enactment of this Act, that--
(A) identifies the specific activities needed to achieve a 20-percent
reduction in operational costs through the application of cost-effective
technologies and practices from 2003 levels at GSA facilities by not later
than 5 years after the date of enactment of this Act;
(B) describes activities required and carried out to estimate the
funds necessary to achieve the reduction described in subparagraph
(A);
(C) describes the status of the implementation of cost-effective
technologies and practices at GSA facilities, including--
(i) the extent to which programs, including the program established
under subsection (b), are being carried out in accordance with this
title; and
(ii) the status of funding requests and appropriations for those
programs;
(D) identifies within the planning, budgeting, and construction
process all types of GSA facility-related procedures that inhibit new and
existing GSA facilities from implementing cost-effective technologies and
practices;
(E) recommends language for uniform standards for use by Federal
agencies in implementing cost-effective technologies and
practices;
(F) in coordination with the Office of Management and Budget, reviews
the budget process for capital programs with respect to alternatives
for--
(i) permitting Federal agencies to retain all identified savings
accrued as a result of the use of cost-effective technologies and
practices; and
(ii) identifying short- and long-term cost savings that accrue from
cost-effective technologies and practices;
(G) achieves cost savings through the application of cost-effective
technologies and practices sufficient to pay the incremental additional
costs of installing the cost-effective technologies and practices by not
later than the date that is 5 years after the date of installation;
and
(H) includes recommendations to address each of the matters, and a
plan for implementation of each recommendation, described in subparagraphs
(A) through (G).
(d) Authorization of Appropriations- There are authorized to be
appropriated such sums as are necessary to carry out this section, to remain
available until expended.
SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM FOR
LOCAL GOVERNMENTS.
(1) IN GENERAL- The Administrator of the Environmental Protection Agency
(referred to in this section as the `Administrator') shall establish a
demonstration program under which the Administrator shall provide
competitive grants to assist local governments (such as municipalities and
counties), with respect to local government buildings--
(A) to deploy cost-effective technologies and practices; and
(B) to achieve operational cost savings, through the application of
cost-effective technologies and practices, as verified by the
Administrator.
(A) IN GENERAL- The Federal share of the cost of an activity carried
out using a grant provided under this section shall be 40
percent.
(B) WAIVER OF NON-FEDERAL SHARE- The Administrator may waive up to 100
percent of the local share of the cost of any grant under this section
should the Administrator determine that the community is economically
distressed, pursuant to objective economic criteria established by the
Administrator in published guidelines.
(3) MAXIMUM AMOUNT- The amount of a grant provided under this subsection
shall not exceed $1,000,000.
(1) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Administrator shall issue guidelines to implement the grant
program established under subsection (a).
(2) REQUIREMENTS- The guidelines under paragraph (1) shall
establish--
(A) standards for monitoring and verification of operational cost
savings through the application of cost-effective technologies and
practices reported by grantees under this section;
(B) standards for grantees to implement training programs, and to
provide technical assistance and education, relating to the retrofit of
buildings using cost-effective technologies and practices; and
(C) a requirement that each local government that receives a grant
under this section shall achieve facility-wide cost savings, through
renovation of existing local government buildings using cost-effective
technologies and practices, of at least 40 percent as compared to the
baseline operational costs of the buildings before the renovation (as
calculated assuming a 3-year, weather-normalized average).
(c) Compliance With State and Local Law- Nothing in this section or any
program carried out using a grant provided under this section supersedes or
otherwise affects any State or local law, to the extent that the State or
local law contains a requirement that is more stringent than the relevant
requirement of this section.
(d) Authorization of Appropriations- There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal years
2007 through 2012.
(1) IN GENERAL- The Administrator shall provide annual reports to
Congress on cost savings achieved and actions taken and recommendations made
under this section, and any recommendations for further action.
(2) FINAL REPORT- The Administrator shall issue a final report at the
conclusion of the program, including findings, a summary of total cost
savings achieved, and recommendations for further action.
(f) Termination- The program under this section shall terminate on
September 30, 2012.
SEC. 404. DEFINITIONS.
(1) COST-EFFECTIVE LIGHTING TECHNOLOGY-
(A) IN GENERAL- The term `cost-effective lighting technology' means a
lighting technology that--
(i) will result in substantial operational cost savings by ensuring
an installed consumption of not more than 1 watt per square foot;
or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b);
and
(II) Federal acquisition regulation 23-203.
(B) INCLUSIONS- The term `cost-effective lighting technology'
includes--
(vi) early use of other highly cost-effective lighting
technologies.
(2) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES- The term `cost-effective
technologies and practices' means a technology or practice that--
(A) will result in substantial operational cost savings by reducing
utility costs; and
(B) complies with the provisions of section 553 of Public Law 95-619
(42 U.S.C. 8259b) and Federal acquisition regulation 23-203.
(3) OPERATIONAL COST SAVINGS-
(A) IN GENERAL- The term `operational cost savings' means a reduction
in end-use operational costs through the application of cost-effective
technologies and practices, including a reduction in electricity
consumption relative to consumption by the same customer or at the same
facility in a given year, as defined in guidelines promulgated by the
Administrator pursuant to section 403(b), that achieves cost savings
sufficient to pay the incremental additional costs of using cost-effective
technologies and practices by not later than the date that is 5 years
after the date of installation.
(B) INCLUSIONS- The term `operational cost savings' includes savings
achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies and
practices; or
(ii) the planting of vegetation that shades the facility and reduces
the heating, cooling, or lighting needs of the facility.
(C) EXCLUSION- The term `operational cost savings' does not include
savings from measures that would likely be adopted in the absence of
cost-effective technology and practices programs, as determined by the
Administrator.
(A) IN GENERAL- The term `GSA facility' means any building, structure,
or facility, in whole or in part (including the associated support systems
of the building, structure, or facility) that--
(i) is constructed (including facilities constructed for lease),
renovated, or purchased, in whole or in part, by the Administrator for
use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator for use by
the Federal Government--
(I) except as provided in subclause (II), for a term of not less
than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and practices would
result in the payback of expenses.
(B) INCLUSION- The term `GSA facility' includes any group of
buildings, structures, or facilities described in subparagraph (A)
(including the associated energy-consuming support systems of the
buildings, structures, and facilities).
(C) EXEMPTION- The Administrator may exempt from the definition of
`GSA facility' under this paragraph a building, structure, or facility
that meets the requirements of section 543(c) of Public Law 95-619 (42
U.S.C. 8253(c)).
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the `Ten-in-Ten Fuel Economy Act'.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES, MEDIUM-DUTY
TRUCKS, AND HEAVY DUTY TRUCKS.
(a) Increased Standards- Section 32902 of title 49, United States Code, is
amended--
(1) by striking `Non-Passenger Automobiles- ' in subsection (a) and
inserting `Prescription of Standards by Regulation- ';
(2) by striking `automobiles (except passenger automobiles)' in
subsection (a) and inserting `automobiles, medium-duty trucks, and
heavy-duty trucks'; and
(3) by striking subsection (b) and inserting the following:
`(b) Standards for Automobiles, Medium-Duty Trucks, and Heavy-Duty
Trucks-
`(1) IN GENERAL- The Secretary of Transportation, after consultation
with the Administrator of the Environmental Protection Agency, shall
prescribe average fuel economy standards for automobiles, medium-duty
trucks, and heavy-duty trucks manufactured by a manufacturer in each model
year beginning with model year 2011 in accordance with subsection (c).
`(2) ANNUAL INCREASES IN FUEL ECONOMY STANDARDS-
`(A) BASELINE AVERAGE FUEL ECONOMY STANDARDS FOR MEDIUM- AND
HEAVY-DUTY TRUCKS- For the first 2 model years beginning after the
submission to Congress of the initial report by the National Academy of
Sciences required by section 510 of the Ten-in-Ten Fuel Economy Act, the
average fuel economy required to be attained for each attribute class of
medium-duty trucks and heavy-duty trucks shall be the average combined
highway and city miles-per-gallon performance of all vehicles within that
class in the model year immediately preceding the first of those 2 model
years (rounded to the nearest 1/10 mile per gallon).
`(B) MEDIUM- AND HEAVY-DUTY TRUCK FUEL ECONOMY AVERAGE AFTER BASELINE
MODEL YEAR- For each model year beginning after the 2 model years
specified in subparagraph (A), the average fuel economy required to be
attained by the fleet of medium-duty trucks and heavy-duty trucks
manufactured in the United States shall be at least 4 percent greater than
the average fuel economy required to be attained for the fleet in the
previous model year (rounded to the nearest 1/10 mile per gallon).
Standards shall be issued for medium-duty trucks and heavy-duty trucks for
20 model years.
`(3) FUEL ECONOMY TARGET FOR AUTOMOBILES-
`(A) BASELINE AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES- The
Secretary shall prescribe average fuel economy standards for automobiles
in each model year beginning with model year 2011 to achieve a combined
fuel economy standard for model year 2020 of at least 35 miles per gallon
for the fleet of automobiles manufactured or sold in the United States.
The average fuel economy standards prescribed by the Secretary shall be
the maximum feasible average fuel economy standards for model years 2011
through 2019.
`(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2021 THROUGH
2030- For model years 2021 through 2030, the average fuel economy required
to be attained by the fleet of automobiles manufactured or sold in the
United States shall be at least 4 percent greater than the average fuel
economy standard required to be attained for the fleet in the previous
model year (rounded to the nearest 1/10 mile per gallon).'.
(b) Authority of Secretary- Section 32902 of title 49, United States Code,
is amended by adding at the end thereof the following:
`(k) Authority of the Secretary-
`(1) VEHICLE ATTRIBUTES- The authority of the Secretary to prescribe by
regulation average fuel economy standards for automobiles, medium-duty
trucks, and heavy-duty trucks under this section includes the
authority--
`(A) to prescribe standards based on vehicle attributes and to express
the standards in the form of a mathematical function; and
`(B) to issue regulations under this title prescribing average fuel
economy standards for 1 or more model years.
`(2) PROHIBITION OF UNIFORM PERCENTAGE INCREASE- When the Secretary
prescribes a standard, or prescribes an amendment under this section that
changes a standard, the standard may not be expressed as a uniform
percentage increase from the fuel-economy performance of attribute classes
or categories already achieved in a model year by a manufacturer.'.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General- Section 32902(c) of title 49, United States Code, is
amended to read as follows:
`(c) Amending Fuel Economy Standards-
`(1) IN GENERAL- Notwithstanding subsections (a) and (b), the Secretary
of Transportation--
`(A) may prescribe a standard higher than that required under
subsection (b); or
`(B) may prescribe an average fuel economy standard for a class of
automobiles, medium-duty trucks, or heavy-duty trucks that is the maximum
feasible level for the model year, despite being lower than the standard
required under subsection (b), if the Secretary, based on clear and
convincing evidence, that the average fuel economy standard prescribed in
accordance with subsections (a) and (b) for that class of vehicles in that
model year is shown not to be cost-effective.
`(2) REQUIREMENTS FOR LOWER STANDARD- Before adopting an average fuel
economy standard for a class of automobiles, medium-duty trucks, or
heavy-duty trucks in a model year under paragraph (1)(B), the Secretary of
Transportation shall do the following:
`(A) NOTICE OF PROPOSED RULE- Except for standards to be promulgated
by 2011, at least 30 months before the model year for which the standard
is to apply, the Secretary shall post a notice of proposed rulemaking for
the proposed standard. The notice shall include a detailed analysis of the
basis for the Secretary's determination under paragraph (1)(B).
`(B) FINAL RULE- At least 18 months before the model year for which
the standard is to apply, the Secretary shall promulgate a final rule
establishing the standard.
`(C) REPORT- The Secretary shall submit a report to Congress that
outlines the steps that need to be taken to avoid further reductions in
average fuel economy standards.
`(3) MAXIMUM FEASIBLE STANDARD- An average fuel economy standard
prescribed for a class of automobiles, medium-duty trucks, or heavy-duty
trucks in a model year under paragraph (1) shall be the maximum feasible
standard.'.
(b) Feasibility Criteria- Section 32902(f) of title 49, United States
Code, is amended to read as follows:
`(f) Decisions on Maximum Feasible Average Fuel Economy-
`(1) IN GENERAL- When deciding maximum feasible average fuel economy
under this section, the Secretary shall consider--
`(A) economic practicability;
`(B) the effect of other motor vehicle standards of the Government on
fuel economy;
`(C) environmental impacts; and
`(D) the need of the United States to conserve energy.
`(2) LIMITATIONS- In setting any standard under subsection (b), (c), or
(d), the Secretary shall ensure that each standard is the highest standard
that--
`(A) is technologically achievable;
`(B) can be achieved without materially reducing the overall safety of
automobiles, medium-duty trucks, and heavy-duty trucks manufactured or
sold in the United States;
`(C) is not less than the standard for that class of vehicles from any
prior year; and
`(3) DETERMINING COST-EFFECTIVENESS-
`(A) IN GENERAL- In determining cost effectiveness under paragraph
(2)(D), the Secretary shall take into account the total value to the
United States of reduced fuel use, including the monetary value of the
reduced fuel use over the life of the vehicle.
`(B) ADDITIONAL FACTORS FOR CONSIDERATION BY SECRETARY- The Secretary
shall consider in the analysis the following factors:
`(ii) The impact of the oil or energy intensity of the United States
economy on the sensitivity of the economy to oil and other fuel price
changes, including the magnitude of gross domestic product losses in
response to short term price shocks or long term price
increases.
`(iii) National security, including the impact of United States
payments for oil and other fuel imports on political, economic, and
military developments in unstable or unfriendly oil-exporting
countries.
`(iv) The uninternalized costs of pipeline and storage oil seepage,
and for risk of oil spills from production, handling, and transport, and
related landscape damage.
`(v) The emissions of pollutants including greenhouse gases over the
lifecycle of the fuel and the resulting costs to human health, the
economy, and the environment.
`(vi) Such additional factors as the Secretary deems
relevant.
`(4) MINIMUM VALUATION- When considering the value to consumers of a
gallon of gasoline saved, the Secretary of Transportation shall use as a
minimum value the value of the gasoline prices projected by the Energy
Information Administration for the period covered by the standard beginning
in the year following the year in which the standards are established.
`(5) COST-EFFECTIVE DEFINED- In this subsection, the term
`cost-effective' means that the total value to the United States of reduced
fuel use from a proposed fuel economy standard is greater than or equal to
the total cost to the United States of such standard. Notwithstanding this
definition, the Secretary shall not base the level of any standard on any
technology whose cost to the United States is substantially more than the
value to the United States of the reduction in fuel use attributable to that
technology.'.
(c) Consultation Requirement- Section 32902(i) of title 49, United States
Code, is amended by inserting `and the Administrator of the Environmental
Protection Agency' after `Energy'.
(d) Comments- Section 32902(j) of title 49, United States Code, is
amended--
(1) by striking paragraph (1) and inserting:
`(1) Before issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of this section, the
Secretary of Transportation shall give the Secretary of Energy and
Administrator of the Environmental Protection Agency at least 10 days after
the receipt of the notice during which the Secretary of Energy and
Administrator may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the conservation goals of
the Secretary of Energy or environmental protection goals of the
Administrator, provide written comments to the Secretary of Transportation
about the impact of the standard on those goals. To the extent the Secretary
of Transportation does not revise a proposed standard to take into account
comments of the Secretary of Energy or Administrator on any adverse impact
of the standard, the Secretary of Transportation shall include those
comments in the notice.'; and
(2) by inserting `and the Administrator' after `Energy' each place it
appears in paragraph (2).
(e) Technical and Conforming Amendments-
(1) Section 32902(d) of title 49, United States Code, is amended by
striking `passenger' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is amended--
(A) by striking `subsection (a) or (d)' each place it appears in
paragraph (1) and inserting `subsection (b), (c), or (d)'; and
(B) striking `(and submit the amendment to Congress when required
under subsection (c)(2) of this section)' in paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General- Section 32901(a) of title 49, United States Code, is
amended--
(1) by striking paragraph (3) and inserting the following:
`(3) except as provided in section 32908 of this title, `automobile'
means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel,
manufactured primarily for use on public streets, roads, and highways
(except a vehicle operated only on a rail line), and rated at not more than
10,000 pounds gross vehicle weight.';
(2) by inserting after paragraph (10) the following:
`(10) `heavy-duty truck' means a truck (as defined in section 30127)
with a gross vehicle weight in excess of 26,000 pounds.';
(3) by inserting after paragraph (13) the following:
`(13) `medium-duty truck' means a truck (as defined in section 30127)
with a gross vehicle weight of at least 10,000 pounds but not more than
26,000 pounds.'; and
(4) by striking paragraph (16).
(b) Deadline for Regulations- The Secretary of Transportation--
(1) shall issue proposed regulations implementing the amendments made by
subsection (a) not later than 1 year after the date of the enactment of this
Act; and
(2) shall issue final regulations implementing the amendments not later
than 18 months after the date of the enactment of this Act.
(c) Effective Date- Regulations prescribed under subsection (b) shall
apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General- The Secretary of Transportation shall exercise such
authority under Federal law as the Secretary may have to ensure that
automobiles (as defined in section 32901 of title 49, United States Code) are
safe.
(b) Vehicle Safety- Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
`Sec. 30129. Vehicle compatibility and aggressivity reduction standard
`(a) Standards- The Secretary of Transportation shall issue a motor
vehicle safety standard to reduce automobile incompatibility and aggressivity.
The standard shall address characteristics necessary to ensure better
management of crash forces in multiple vehicle frontal and side impact crashes
between different types, sizes, and weights of automobiles with a gross
vehicle weight of 10,000 pounds or less in order to decrease occupant deaths
and injuries.
`(b) Consumer Information- The Secretary shall develop and implement a
public information side and frontal compatibility crash test program with
vehicle ratings based on risks to occupants, risks to other motorists, and
combined risks by vehicle make and model.'.
(c) Rulemaking Deadlines-
(1) RULEMAKING- The Secretary of Transportation shall issue--
(A) a notice of a proposed rulemaking under section 30129 of title 49,
United States Code, not later than January 1, 2010; and
(B) a final rule under such section not later than December 31,
2012.
(2) EFFECTIVE DATE OF REQUIREMENTS- Any requirement imposed under the
final rule issued under paragraph (1) shall become fully effective not later
than September 1, 2013.
(d) Conforming Amendment- The chapter analysis for chapter 301 is amended
by inserting after the item relating to section 30128 the following:
`30129. Vehicle compatibility and aggressivity reduction
standard.'.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking `passenger' each place it appears;
(2) by striking `section 32902(b)-(d) of this title' each place it
appears and inserting `subsection (a), (c), or (d) of section 32902';
(3) by striking `3 consecutive model years' in subsections (a)(1) and
(a)(2) and inserting `5 consecutive model years';
(4) in subsection (a)(2), by striking `clause (1) of this subsection,'
and inserting `paragraph (1)';
(5) by striking `3 model years' in subsection (b)(2) and inserting `5
model years'; and
(6) by striking subsection (e) and inserting the following:
`(e) Credit Trading Among Manufacturers- The Secretary of Transportation
may establish, by regulation, a corporate average fuel economy credit trading
program to allow manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn credits to be sold to
manufacturers whose automobiles fail to achieve the prescribed standards.'.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1) as
subparagraph (H) and inserting after subparagraph (E) the following:
`(F) a label (or a logo imprinted on a label required by this paragraph)
that--
`(i) reflects an automobile's performance on the basis of criteria
developed by the Administrator to reflect the fuel economy and greenhouse
gas and other emissions consequences of operating the automobile over its
likely useful life;
`(ii) permits consumers to compare performance results under clause
(i) among all automobiles; and
`(iii) is designed to encourage the manufacture and sale of
automobiles that meet or exceed applicable fuel economy standards under
section 32902.
`(G) a fuelstar under paragraph (5).'; and
(2) by adding at the end of subsection (b) the following:
`(4) Green Label Program-
`(A) MARKETING ANALYSIS- Not later than 2 years after the date of the
enactment of the Ten-in-Ten Fuel Economy Act, the Administrator shall
implement a consumer education program and execute marketing strategies to
improve consumer understanding of automobile performance described in
paragraph (1)(F).
`(B) ELIGIBILITY- Not later than 3 years after the date described in
subparagraph (A), the Administrator shall issue requirements for the label
or logo required under paragraph (1)(F) to ensure that an automobile is not
eligible for the label or logo unless it--
`(i) meets or exceeds the applicable fuel economy standard;
or
`(ii) will have the lowest greenhouse gas emissions over the useful
life of the vehicle of all vehicles in the vehicle attribute class to
which it belongs in that model year.
`(A) IN GENERAL- The Secretary shall establish a program, to be known as
the `Fuelstar Program', under which stars shall be imprinted on or attached
to the label required by paragraph (1).
`(B) GREEN STARS- Under the Fuelstar Program, a manufacturer may include
on the label maintained on an automobile under paragraph (1)--
`(i) 1 green star for any automobile that meets the average fuel
economy standard for the model year under section 32902; and
`(ii) 1 additional green star for each 2 miles per gallon by which the
automobile exceeds such standard.
`(C) GOLD STARS- Under the Fuelstar Program, a manufacturer may include
a gold star on the label maintained on an automobile under paragraph (1) if
the automobile attains a fuel economy of at least 50 miles per
gallon.'.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this title, shall be
construed to affect the application of section 32902 of title 49, United
States Code, to passenger automobiles or non-passenger automobiles
manufactured before model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General- As soon as practicable after the date of enactment of this
Act, the Secretary of Transportation shall execute an agreement with the
National Academy of Sciences to develop a report evaluating vehicle fuel
economy standards, including--
(1) an assessment of automotive technologies and costs to reflect
developments since the Academy's 2002 report evaluating the corporate
average fuel economy standards was conducted;
(2) an analysis of existing and potential technologies that may be used
practically to improve automobile, medium-duty truck, or heavy-duty truck
fuel economy;
(3) an analysis of how such technologies may be practically integrated
into the automotive, medium-duty truck, or heavy-duty truck manufacturing
process; and
(4) an assessment of how such technologies may be used to meet the new
fuel economy standards under chapter 329 of title 49, United States Code, as
amended by this title.
(b) Quinquennial Updates- After submitting the initial report, the Academy
shall update the report at 5 year intervals thereafter through 2025.
(c) Report- The Academy shall submit the report to the Secretary, the
Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce, with its findings and
recommendations no later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General- Section 32917 of title 49, United States Code, is amended
to read as follows:
`Sec. 32917. Standards for Executive agency automobiles
`(a) Fuel Efficiency- The head of an Executive agency shall ensure that
each new automobile procured by the Executive agency is as fuel efficient as
practicable.
`(b) Definitions- In this section:
`(1) EXECUTIVE AGENCY- The term `Executive agency' has the meaning given
that term in section 105 of title 5.
`(2) NEW AUTOMOBILE- The term `new automobile', with respect to the
fleet of automobiles of an executive agency, means an automobile that is
leased for at least 60 consecutive days or bought, by or for the Executive
agency, after September 30, 2008. The term does not include any vehicle
designed for combat-related missions, law enforcement work, or emergency
rescue work.'.
(b) Report- The Administrator of the General Services Administration shall
develop a report describing and evaluating the efforts of the heads of the
Executive agencies to comply with section 32917 of title 49, United States
Code, for fiscal year 2009. The Administrator shall submit the report to
Congress no later than December 31, 2009.
SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL AUTOMOBILES.
(1) IN GENERAL- Chapter 329 of title 49, United States Code, is amended
by inserting after section 32902 the following:
`Sec. 32902A. Requirement to manufacture flexible fuel automobiles
`(a) In General- For each model year, each manufacturer of new automobiles
described in subsection (b) shall ensure that the percentage of such
automobiles manufactured in a particular model year that are flexible fuel
vehicles shall be not less than the percentage set forth for that model year
in the following table:
`If the model year is:
The percentage of flexible fuel automobiles shall be:
2012
--50
2013
--60
2014
--70
2015
--80.
`(b) Automobiles to Which Section Applies- An automobile is described in
this subsection if it--
`(1) is capable of operating on gasoline or diesel fuel;
`(2) is distributed in interstate commerce for sale in the United
States; and
`(3) does not contain certain engines that the Secretary of
Transportation, in consultation with the Administrator of the Environmental
Protection Agency and the Secretary of Energy, may temporarily exclude from
the definition because it is technologically infeasible for the engines to
have flexible fuel capability at any time during a period that the
Secretaries and the Administrator are engaged in an active research program
with the vehicle manufacturers to develop that capability for the
engines.'.
(2) DEFINITION OF FLEXIBLE FUEL AUTOMOBILE- Section 32901(a) of title
49, United States Code, is amended by inserting after paragraph (8), the
following:
`(8) `flexible fuel automobile' means an automobile described in
paragraph (8)(A).'.
(3) CLERICAL AMENDMENT- The table of sections for chapter 329 of title
49, United States Code, is amended by inserting after the item relating to
section 32902 the following:
`Sec. 32902A. Requirement to manufacture flexible fuel
automobiles.'.
(1) IN GENERAL- Not later than 1 year after the date of the enactment of
this Act, the Secretary of Transportation shall issue regulations to carry
out the amendments made by subsection (a).
(2) HARDSHIP EXEMPTION- The regulations issued pursuant to paragraph (1)
shall include a process by which a manufacturer may be exempted from the
requirement under section 32902A(a) upon demonstrating that such requirement
would create a substantial economic hardship for the manufacturer.
SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL AUTOMOBILES.
Section 32908 of title 49, United States Code, is amended by adding at the
end the following:
`(g) Increasing Consumer Awareness of Flexible Fuel Automobiles- (1) The
Secretary of Transportation shall prescribe regulations that require the
manufacturer of automobiles distributed in interstate commerce for sale in the
United States--
`(A) to prominently display a permanent badge or emblem on the quarter
panel or tailgate of each such automobile that indicates such vehicle is
capable of operating on alternative fuel; and
`(B) to include information in the owner's manual of each such
automobile information that describes--
`(i) the capability of the automobile to operate using alternative
fuel;
`(ii) the benefits of using alternative fuel, including the renewable
nature, and the environmental benefits of using alternative fuel;
and
`(C) to contain a fuel tank cap that is clearly labeled to inform
consumers that the automobile is capable of operating on alternative
fuel.
`(2) The Secretary of Transportation shall collaborate with autombile
retailers to develop voluntary methods for providing prospective purchasers of
automobiles with information regarding the benefits of using alternative fuel
in automobiles, including--
`(A) the renewable nature of alternative fuel; and
`(B) the environmental benefits of using alternative fuel.'.
SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING
PROCEDURES.
Beginning in December, 2009, and not less often than every 5 years
thereafter, the Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, shall--
(1) reevaluate the fuel economy labeling procedures described in the
final rule published in the Federal Register on December 27, 2006 (71 Fed.
Reg. 77,872; 40 C.F.R. parts 86 and 600) to determine whether changes in the
factors used to establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce that describes the results of the reevaluation process.
SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General- Chapter 301 of title 49, United States Code, is amended by
inserting after section 30123 the following new section:
`Sec. 30123A. Tire fuel efficiency consumer information
`(1) IN GENERAL- Not later than 18 months after the date of enactment of
the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation shall,
after notice and opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program for tires
designed for use on motor vehicles to educate consumers about the effect of
tires on automobile fuel efficiency.
`(2) ITEMS INCLUDED IN RULE- The rulemaking shall include--
`(A) a national tire fuel efficiency rating system for motor vehicle
tires to assist consumers in making more educated tire purchasing
decisions;
`(B) requirements for providing information to consumers, including
information at the point of sale and other potential information
dissemination methods, including the Internet;
`(C) specifications for test methods for manufacturers to use in
assessing and rating tires to avoid variation among test equipment and
manufacturers; and
`(D) a national tire maintenance consumer education program including,
information on tire inflation pressure, alignment, rotation, and tread
wear to maximize fuel efficiency.
`(3) APPLICABILITY- This section shall not apply to tires excluded from
coverage under section 575.104(c)(2) of title 49, Code of Federal
Regulations, as in effect on date of enactment of the Ten-in-Ten Fuel
Economy Act.
`(b) Consultation- The Secretary shall consult with the Secretary of
Energy and the Administrator of the Environmental Protection Agency on the
means of conveying tire fuel efficiency consumer information.
`(c) Report to Congress- The Secretary shall conduct periodic assessments
of the rules promulgated under this section to determine the utility of such
rules to consumers, the level of cooperation by industry, and the contribution
to national goals pertaining to energy consumption. The Secretary shall
transmit periodic reports detailing the findings of such assessments to the
Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
`(d) Tire Marking- The Secretary shall not require permanent labeling of
any kind on a tire for the purpose of tire fuel efficiency information.
`(e) Preemption- When a requirement under this section is in effect, a
State or political subdivision of a State may adopt or enforce a law or
regulation on tire fuel efficiency consumer information only if the law or
regulation is identical to that requirement. Nothing in this section shall be
construed to preempt a State or political subdivision of a State from
regulating the fuel efficiency of tires not otherwise preempted under this
chapter.'.
(b) Enforcement- Section 30165(a) of title 49, United States Code, is
amended by adding at the end the following:
`(4) SECTION 30123a- Any person who fails to comply with the national
tire fuel efficiency consumer information program under section 30123A is
liable to the United States Government for a civil penalty of not more than
$50,000 for each violation.'.
(c) Conforming Amendment- The chapter analysis for chapter 301 of title
49, United States Code, is amended by inserting after the item relating to
section 30123 the folllowing:
`30123A. Tire fuel efficiency consumer information.'.
SEC. 515. ADVANCED BATTERY INITIATIVE.
(a) In General- The Secretary of Transportation shall establish and carry
out an Advanced Battery Initiative in accordance with this section to support
research, development, demonstration, and commercial application of battery
technologies.
(b) Industry Alliance- Not later than 180 days after the date of enactment
of this Act, the Secretary shall competitively select an Industry Alliance to
represent participants who are private, for-profit firms headquartered in the
United States, the primary business of which is the manufacturing of
batteries.
(1) GRANTS- The Secretary shall carry out research activities of the
Initiative through competitively-awarded grants to--
(A) researchers, including Industry Alliance participants;
(C) National Laboratories; and
(D) institutions of higher education.
(2) INDUSTRY ALLIANCE- The Secretary shall annually solicit from the
Industry Alliance--
(A) comments to identify advanced battery technology needs relevant to
electric drive technology;
(B) an assessment of the progress of research activities of the
Initiative; and
(C) assistance in annually updating advanced battery technology
roadmaps.
(d) Availability to the Public- The information and roadmaps developed
under this section shall be available to the public.
(e) Preference- In making awards under this subsection, the Secretary
shall give preference to participants in the Industry Alliance.
(f) Cost Sharing- In carrying out this section, the Secretary shall
require cost sharing in accordance with section 120(b) of title 23, United
States Code.
(g) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section such sums as may be necessary for each
of fiscal years 2008 through 2012.
SEC. 516. BIODIESEL STANDARDS.
(a) In General- Not later than 180 days after the date of enactment of
this Act, the President, in consultation with the Secretary of Transportation,
the Secretary of Energy, and the Administrator of the Environmental Protection
Administration, shall promulgate standards for biodiesel blend sold or
introduced into commerce in the United States.
(b) Definitions- In this section:
(A) IN GENERAL- The term `biodiesel' means the monoalkyl esters of
long chain fatty acids derived from plant or animal matter that
meet--
(i) the registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section 211 of
the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing and
Materials D6751.
(B) INCLUSIONS- The term `biodiesel' includes esters described in
subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and other
waste material; and
(ii) municipal solid waste, sludge, and oil derived from wastewater
or the treatment of wastewater.
(2) BIODIESEL BLEND- The term `biodiesel blend' means a mixture of
biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5 percent of
the content of which is biodiesel (commonly known as `B5'); and
(B) a blend of biodiesel and diesel fuel approximately 20 percent of
the content of which is biodiesel (commonly known as `B20').
SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended by adding at the
end thereof the following:
`(e) Use of Civil Penalties- For fiscal year 2008 and each fiscal year
thereafter, from the total amount deposited in the general fund of the
Treasury during the preceding fiscal year from fines, penalties, and other
funds obtained through enforcement actions conducted pursuant to this section
(including funds obtained under consent decrees), the Secretary of the
Treasury, subject to the availability of appropriations, shall--
`(1) transfer 50 percent of such total amount to the account providing
appropriations to the Secretary of Transportation for the administration of
this chapter, which shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive technologies and to
support rulemaking under this chapter; and
`(2) transfer 50 percent of such total amount to the Energy Security
Fund established by section 518(a) of the Ten-in-Ten Fuel Economy Act.
`SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT PROGRAM.
`(a) Establishment of Fund-
`(1) IN GENERAL- There is established in the Treasury a fund, to be
known as the `Energy Security Fund' (referred to in this section as the
`Fund'), consisting of--
`(A) amounts transferred to the Fund under section 32912(e)(2) of
title 49, United States Code; and
`(B) amounts credited to the Fund under paragraph (2)(C).'.
(1) INVESTMENT OF AMOUNTS-
(A) IN GENERAL- The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion of the Fund
as is not, in the judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the market price.
(C) CREDITS TO FUND- The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Fund shall be credited to,
and form a part of, the Fund in accordance with section 9602 of the
Internal Revenue Code of 1986.
(2) USE OF AMOUNTS IN FUND- Amounts in the Fund shall be made available
to the Secretary of Energy, subject to the availability of appropriations,
to carry out the grant program under subsection (b).
(3) ALTERNATIVE FUELS GRANT PROGRAM- Not later than 90 days after the
date of enactment of this Act, the Secretary of Energy, acting through the
Clean Cities Program of the Department of Energy, shall establish and carry
out a program under which the Secretary shall provide grants to expand the
availability to consumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(A) IN GENERAL- Except as provided in subparagraph (B), any entity
that is eligible to receive assistance under the Clean Cities Program
shall be eligible to receive a grant under this subsection.
(i) CERTAIN OIL COMPANIES- A large, vertically-integrated oil
company shall not be eligible to receive a grant under this
subsection.
(ii) PROHIBITION OF DUAL BENEFITS- An entity that receives any other
Federal funds for the construction or expansion of alternative refueling
infrastructure shall not be eligible to receive a grant under this
subsection for the construction or expansion of the same alternative
refueling infrastructure.
(C) ENSURING COMPLIANCE- Not later than 30 days after the date of
enactment of this Act, the Secretary of Energy shall promulgate
regulations to ensure that, before receiving a grant under this
subsection, an eligible entity meets applicable standards relating to the
installation, construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels (as defined in
section 32901(a) of title 49, United States Code).
(A) GRANTS- The amount of a grant provided under this subsection shall
not exceed $30,000.
(B) AMOUNT PER STATION- An eligible entity shall receive not more than
$90,000 under this subsection for any station of the eligible entity
during a fiscal year.
(A) IN GENERAL- A grant provided under this subsection shall be used
for the construction or expansion of alternative fueling
infrastructure.
(B) ADMINISTRATIVE EXPENSES- Not more than 3 percent of the amount of
a grant provided under this subsection shall be used for administrative
expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Transportation
$25,000,000 for each of fiscal years 2009 through 2021 to carry out the
provisions of chapter 329 of title 49, United States Code.
TITLE VI--PRICE GOUGING
SEC. 601. SHORT TITLE.
This title may be cited as the `Petroleum Consumer Price Gouging
Protection Act'.
SEC. 602. DEFINITIONS.
(1) AFFECTED AREA- The term `affected area' means an area covered by a
Presidential declaration of energy emergency.
(2) SUPPLIER- The term `supplier' means any person engaged in the trade
or business of selling or reselling, at retail or wholesale, or distributing
crude oil, gasoline, or petroleum distillates.
(3) PRICE GOUGING- The term `price gouging' means the charging of an
unconscionably excessive price by a supplier in an affected area.
(4) UNCONSCIONABLY EXCESSIVE PRICE- The term `unconscionably excessive
price' means a price charged in an affected area for crude oil, gasoline, or
petroleum distillates that--
(A)(i) represents a gross disparity between the price at which it was
offered for sale in the usual course of the supplier's business
immediately prior to the President's declaration of an energy
emergency;
(ii) grossly exceeds the price at which the same or similar crude oil,
gasoline, or petroleum distillate was readily obtainable by other
purchasers in the affected area; or
(iii) represents an exercise of unfair leverage or unconscionable
means on the part of the supplier, during a period of declared energy
emergency; and
(B) is not attributable to increased wholesale or operational costs
outside the control of the supplier, incurred in connection with the sale
of crude oil, gasoline, or petroleum distillates.
(5) COMMISSION- The term `Commission' means the Federal Trade
Commission.
SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY EMERGENCIES.
(a) In General- During any energy emergency declared by the President
under section 606 of this title, it is unlawful for any supplier to sell, or
offer to sell, crude oil, gasoline, or petroleum distillates in, or for use
in, the area to which that declaration applies at an unconscionably excessive
price.
(b) Factors Considered- In determining whether a violation of subsection
(a) has occurred, there shall be taken into account, among other factors, the
price that would reasonably equate supply and demand in a competitive and
freely functioning market.
SEC. 604. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to use or employ,
in connection with the purchase or sale of crude oil, gasoline, or petroleum
distillates at wholesale, any manipulative or deceptive device or contrivance,
in contravention of such rules and regulations as the Commission may prescribe
as necessary or appropriate in the public interest or for the protection of
United States citizens.
SEC. 605. PROHIBITION ON FALSE INFORMATION.
(a) In General- It is unlawful for any person to report information
related to the wholesale price of crude oil, gasoline, or petroleum
distillates to the Commission if--
(1) that person knew, or reasonably should have known, the information
to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to affect data
compiled by the Commission for statistical or analytical purposes with
respect to the market for crude oil, gasoline, or petroleum
distillates.
SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General- If the President finds that the health, safety, welfare,
or economic well-being of the citizens of the United States is at risk because
of a shortage or imminent shortage of adequate supplies of crude oil,
gasoline, or petroleum distillates due to a disruption in the national
distribution system for crude oil, gasoline, or petroleum distillates
(including such a shortage related to a major disaster (as defined in section
102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122(2))), or significant pricing anomalies in national energy
markets for crude oil, gasoline, or petroleum distillates, the President may
declare that a Federal energy emergency exists.
(b) Scope and Duration- The emergency declaration shall specify--
(1) the period, not to exceed 30 days, for which the declaration
applies;
(2) the circumstance or condition necessitating the declaration;
and
(3) the area or region to which it applies, which, for the 48 contiguous
states may not be limited to a single State.
(c) Extensions- The President may--
(1) extend a declaration under subsection (a) for a period of not more
than 30 days; and
(2) extend such a declaration more than once.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement- This title shall be enforced by the Federal Trade
Commission. In enforcing section 603 of this title, the Commission shall give
priority to enforcement actions concerning companies with total United States
wholesale or retail sales of crude oil, gasoline, and petroleum distillates in
excess of $500,000,000 per year but shall not exclude enforcement actions
against companies with total United States wholesale sales of $500,000,000 or
less per year.
(b) Violation Is Unfair or Deceptive Act or Practice- The violation of any
provision of this title shall be treated as an unfair or deceptive act or
practice proscribed under a rule issued under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Commission Actions- Following the declaration of an energy emergency
by the President under section 606 of this title, the Commission shall--
(1) establish within the Commission--
(A) a toll-free hotline that a consumer may call to report an incident
of price gouging in the affected area; and
(B) a program to develop and distribute to the public informational
materials to assist residents of the affected area in detecting and
avoiding price gouging;
(2) consult with the Attorney General, the United States Attorney for
the districts in which a disaster occurred (if the declaration is related to
a major disaster), and State and local law enforcement officials to
determine whether any supplier in the affected area is charging or has
charged an unconscionably excessive price for crude oil, gasoline, or
petroleum distillates in the affected area; and
(3) conduct an investigation to determine whether any supplier in the
affected area has violated section 603 of this title, and upon such finding,
take any action the Commission determines to be appropriate to remedy the
violation.
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General- A State, as parens patriae, may bring a civil action on
behalf of its residents in an appropriate district court of the United States
to enforce the provisions of section 603 of this title, or to impose the civil
penalties authorized by section 609 for violations of section 603, whenever
the attorney general of the State has reason to believe that the interests of
the residents of the State have been or are being threatened or adversely
affected by a supplier engaged in the sale or resale, at retail or wholesale,
or distribution of crude oil, gasoline, or petroleum distillates in violation
of section 603 of this title.
(b) Notice- The State shall serve written notice to the Commission of any
civil action under subsection (a) prior to initiating the action. The notice
shall include a copy of the complaint to be filed to initiate the civil
action, except that if it is not feasible for the State to provide such prior
notice, the State shall provide such notice immediately upon instituting the
civil action.
(c) Authority to Intervene- Upon receiving the notice required by
subsection (b), the Commission may intervene in the civil action and, upon
intervening--
(1) may be heard on all matters arising in such civil action; and
(2) may file petitions for appeal of a decision in such civil
action.
(d) Construction- For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney general of
a State from exercising the powers conferred on the Attorney General by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production of
documentary and other evidence.
(e) Venue; Service of Process- In a civil action brought under subsection
(a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial limits of
the district or of the State in which the civil action is instituted;
and
(3) a person who participated with the defendant in an alleged violation
that is being litigated in the civil action may be joined in the civil
action without regard to the residence of the person.
(f) Limitation on State Action While Federal Action Is Pending- If the
Commission has instituted a civil action or an administrative action for
violation of this title, a State attorney general, or official or agency of a
State, may not bring an action under this section during the pendency of that
action against any defendant named in the complaint of the Commission or the
other agency for any violation of this title alleged in the Commission's civil
or administrative action.
(g) No Preemption- Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court to enforce a civil or
criminal statute of that State.
SEC. 609. PENALTIES.
(1) IN GENERAL- In addition to any penalty applicable under the Federal
Trade Commission Act, any supplier--
(A) that violates section 604 or section 605 of this title is
punishable by a civil penalty of not more than $1,000,000; and
(B) that violates section 603 of this title is punishable by a civil
penalty of--
(i) not more than $500,000, in the case of an independent small
business marketer of gasoline (within the meaning of section 324(c) of
the Clean Air Act (42 U.S.C. 7625(c))); and
(ii) not more than $5,000,000 in the case of any other
supplier.
(2) METHOD OF ASSESSMENT- The penalties provided by paragraph (1) shall
be assessed in the same manner as civil penalties imposed under section 5 of
the Federal Trade Commission Act (15 U.S.C. 45).
(3) MULTIPLE OFFENSES; MITIGATING FACTORS- In assessing the penalty
provided by subsection (a)--
(A) each day of a continuing violation shall be considered a separate
violation; and
(B) the Commission shall take into consideration the seriousness of
the violation and the efforts of the person committing the violation to
remedy the harm caused by the violation in a timely manner.
(b) Criminal Penalty- Violation of section 603 of this title is punishable
by a fine of not more than $5,000,000, imprisonment for not more than 5 years,
or both.
SEC. 610. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission- Nothing in this title shall be
construed to limit or affect in any way the Commission's authority to bring
enforcement actions or take any other measure under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) or any other provision of law.
(b) State Law- Nothing in this title preempts any State law.
TITLE VII--ENERGY DIPLOMACY AND SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the `Energy Diplomacy and Security Act of
2007'.
SEC. 702. DEFINITIONS.
(1) MAJOR ENERGY PRODUCER- The term `major energy producer' means a
country that--
(A) had crude oil, oil sands, or natural gas to liquids production of
1,000,000 barrels per day or greater average in the previous
year;
(B) has crude oil, shale oil, or oil sands reserves of 6,000,000,000
barrels or greater, as recognized by the Department of Energy;
(C) had natural gas production of 30,000,000,000 cubic meters or
greater in the previous year;
(D) has natural gas reserves of 1,250,000,000,000 cubic meters or
greater, as recognized by the Department of Energy; or
(E) is a direct supplier of natural gas or liquefied natural gas to
the United States.
(2) MAJOR ENERGY CONSUMER- The term `major energy consumer' means a
country that--
(A) had an oil consumption average of 1,000,000 barrels per day or
greater in the previous year;
(B) had an oil consumption growth rate of 8 percent or greater in the
previous year;
(C) had a natural gas consumption of 30,000,000,000 cubic meters or
greater in the previous year; or
(D) had a natural gas consumption growth rate of 15 percent or greater
in the previous year.
SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY AND SECURITY.
(a) Findings- Congress makes the following findings:
(1) It is imperative to the national security and prosperity of the
United States to have reliable, affordable, clean, sufficient, and
sustainable sources of energy.
(2) United States dependence on oil imports causes tremendous costs to
the United States national security, economy, foreign policy, military, and
environmental sustainability.
(3) Energy security is a priority for the governments of many foreign
countries and increasingly plays a central role in the relations of the
United States Government with foreign governments. Global reserves of oil
and natural gas are concentrated in a small number of countries. Access to
these oil and natural gas supplies depends on the political will of these
producing states. Competition between governments for access to oil and
natural gas reserves can lead to economic, political, and armed conflict.
Oil exporting states have received dramatically increased revenues due to
high global prices, enhancing the ability of some of these states to act in
a manner threatening to global stability.
(4) Efforts to combat poverty and protect the environment are hindered
by the continued predominance of oil and natural gas in meeting global
energy needs. Development of renewable energy through sustainable practices
will help lead to a reduction in greenhouse gas emissions and enhance
international development.
(5) Cooperation on energy issues between the United States Government
and the governments of foreign countries is critical for securing the
strategic and economic interests of the United States and of partner
governments. In the current global energy situation, the energy policies and
activities of the governments of foreign countries can have dramatic impacts
on United States energy security.
(b) Sense of Congress- It is the sense of Congress that--
(1) United States national security requires that the United States
Government have an energy policy that pursues the strategic goal of
achieving energy security through access to clean, affordable, sufficient,
reliable, and sustainable sources of energy;
(2) achieving energy security is a priority for United States foreign
policy and requires continued and enhanced engagement with foreign
governments and entities in a variety of areas, including activities
relating to the promotion of alternative and renewable fuels, trade and
investment in oil, coal, and natural gas, energy efficiency, climate and
environmental protection, data transparency, advanced scientific research,
public-private partnerships, and energy activities in international
development;
(3) the President should ensure that the international energy activities
of the United States Government are given clear focus to support the
national security needs of the United States, and to this end, there should
be established a mechanism to coordinate the implementation of United States
international energy policy among the Federal agencies engaged in relevant
agreements and activities; and
(4) the Secretary of State should ensure that energy security is
integrated into the core mission of the Department of State, and to this
end, there should be established within the Office of the Secretary of State
a Coordinator for International Energy Affairs with responsibility
for--
(A) developing United States international energy policy in
coordination with the Department of Energy and other relevant Federal
agencies;
(B) working with appropriate United States Government officials to
develop and update analyses of the national security implications of
global energy developments;
(C) incorporating energy security priorities into the activities of
the Department;
(D) coordinating activities with relevant Federal agencies;
and
(E) coordinating energy security and other relevant functions
currently undertaken by offices within the Bureau of Economic, Business,
and Agricultural Affairs, the Bureau of Democracy and Global Affairs, and
other offices within the Department of State.
SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.
(a) Findings- Congress makes the following findings:
(1) United States Government partnership with foreign governments and
entities, including partnership with the private sector, for securing
reliable and sustainable energy is imperative to ensuring United States
security and economic interests, promoting international peace and security,
expanding international development, supporting democratic reform, fostering
economic growth, and safeguarding the environment.
(2) Democracy and freedom should be promoted globally by partnership
with foreign governments, including in particular governments of emerging
democracies such as those of Ukraine and Georgia, in their efforts to reduce
their dependency on oil and natural gas imports.
(3) The United States Government and the governments of foreign
countries have common needs for adequate, reliable, affordable, clean, and
sustainable energy in order to ensure national security, economic growth,
and high standards of living in their countries. Cooperation by the United
States Government with foreign governments on meeting energy security needs
is mutually beneficial. United States Government partnership with foreign
governments should include cooperation with major energy consuming
countries, major energy producing countries, and other governments seeking
to advance global energy security through reliable and sustainable
means.
(4) The United States Government participates in hundreds of bilateral
and multilateral energy agreements and activities with foreign governments
and entities. These agreements and activities should reflect the strategic
need for energy security.
(b) Statement of Policy- It is the policy of the United States--
(1) to advance global energy security through cooperation with foreign
governments and entities;
(2) to promote reliable, diverse, and sustainable sources of all types
of energy;
(3) to increase global availability of renewable and clean sources of
energy;
(4) to decrease global dependence on oil and natural gas energy sources;
and
(5) to engage in energy cooperation to strengthen strategic partnerships
that advance peace, security, and democratic prosperity.
(c) Authority- The Secretary of State, in coordination with the Secretary
of Energy, should immediately seek to establish and expand strategic energy
partnerships with the governments of major energy producers and major energy
consumers, and with governments of other countries (but excluding any
countries that are ineligible to receive United States economic or military
assistance).
(d) Purposes- The purposes of the strategic energy partnerships
established pursuant to subsection (c) are--
(1) to strengthen global relationships to promote international peace
and security through fostering cooperation in the energy sector on a
mutually beneficial basis in accordance with respective national energy
policies;
(2) to promote the policy set forth in subsection (b), including
activities to advance--
(A) the mutual understanding of each country's energy needs,
priorities, and policies, including interparliamentary
understanding;
(B) measures to respond to acute energy supply disruptions,
particularly in regard to petroleum and natural gas resources;
(C) long-term reliability and sustainability in energy
supply;
(D) the safeguarding and safe handling of nuclear fuel;
(E) human and environmental protection;
(F) renewable energy production;
(G) access to reliable and affordable energy for underdeveloped areas,
in particular energy access for the poor;
(H) appropriate commercial cooperation;
(I) information reliability and transparency; and
(J) research and training collaboration;
(3) to advance the national security priority of developing sustainable
and clean energy sources, including through research and development related
to, and deployment of--
(A) renewable electrical energy sources, including biomass, wind, and
solar;
(B) renewable transportation fuels, including biofuels;
(C) clean coal technologies;
(D) carbon sequestration, including in conjunction with power
generation, agriculture, and forestry; and
(E) energy and fuel efficiency, including hybrids and plug-in hybrids,
flexible fuel, advanced composites, hydrogen, and other transportation
technologies; and
(4) to provide strategic focus for current and future United States
Government activities in energy cooperation to meet the global need for
energy security.
(e) Determination of Agendas- In general, the specific agenda with respect
to a particular strategic energy partnership, and the Federal agencies
designated to implement related activities, shall be determined by the
Secretary of State and the Secretary of Energy.
(f) Use of Current Agreements To Establish Partnerships- Some or all of
the purposes of the strategic energy partnerships established under subsection
(c) may be pursued through existing bilateral or multilateral agreements and
activities. Such agreements and activities shall be subject to the reporting
requirements in subsection (g).
(1) INITIAL PROGRESS REPORT- Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on progress made in developing
the strategic energy partnerships authorized under this section.
(2) ANNUAL PROGRESS REPORTS-
(A) IN GENERAL- Not later than one year after the date of the
enactment of this Act, and annually thereafter for 20 years, the Secretary
of State shall submit to the appropriate congressional committees an
annual report on agreements entered into and activities undertaken
pursuant to this section, including international environment
activities.
(B) CONTENT- Each report submitted under this paragraph shall include
details on--
(i) agreements and activities pursued by the United States
Government with foreign governments and entities, the implementation
plans for such agreements and progress measurement benchmarks, United
States Government resources used in pursuit of such agreements and
activities, and legislative changes recommended for improved
partnership; and
(ii) polices and actions in the energy sector of partnership
countries pertinent to United States economic, security, and
environmental interests.
SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE MECHANISMS.
(a) Findings- Congress makes the following findings:
(1) Cooperation between the United States Government and governments of
other countries during energy crises promotes the national security of the
United States.
(2) The participation of the United States in the International Energy
Program established under the Agreement on an International Energy Program,
done at Paris November 18, 1974 (27 UST 1685), including in the coordination
of national strategic petroleum reserves, is a national security asset
that--
(A) protects the consumers and the economy of the United States in the
event of a major disruption in petroleum supply;
(B) maximizes the effectiveness of the United States strategic
petroleum reserve through cooperation in accessing global reserves of
various petroleum products;
(C) provides market reassurance in countries that are members of the
International Energy Program; and
(D) strengthens United States Government relationships with members of
the International Energy Program.
(3) The International Energy Agency projects that the largest growth in
demand for petroleum products, other than demand from the United States,
will come from China and India, which are not members of the International
Energy Program. The Governments of China and India vigorously pursue access
to global oil reserves and are attempting to develop national petroleum
reserves. Participation of the Governments of China and India in an
international petroleum reserve mechanism would promote global energy
security, but such participation should be conditional on the Governments of
China and India abiding by customary petroleum reserve management
practices.
(4) In the Western Hemisphere, only the United States and Canada are
members of the International Energy Program. The vulnerability of most
Western Hemisphere countries to supply disruptions from political, natural,
or terrorism causes may introduce instability in the hemisphere and can be a
source of conflict, despite the existence of major oil reserves in the
hemisphere.
(5) Countries that are not members of the International Energy Program
and are unable to maintain their own national strategic reserves are
vulnerable to petroleum supply disruption. Disruption in petroleum supply
and spikes in petroleum costs could devastate the economies of developing
countries and could cause internal or interstate conflict.
(6) The involvement of the United States Government in the extension of
international mechanisms to coordinate strategic petroleum reserves and the
extension of other emergency preparedness measures should strengthen the
current International Energy Program.
(b) Energy Crisis Response Mechanisms With India and China-
(1) AUTHORITY- The Secretary of State, in coordination with the
Secretary of Energy, should immediately seek to establish a petroleum crisis
response mechanism or mechanisms with the Governments of China and
India.
(2) SCOPE- The mechanism or mechanisms established under paragraph (1)
should include--
(A) technical assistance in the development and management of national
strategic petroleum reserves;
(B) agreements for coordinating drawdowns of strategic petroleum
reserves with the United States, conditional upon reserve holdings and
management conditions established by the Secretary of Energy;
(C) emergency demand restraint measures;
(D) fuel switching preparedness and alternative fuel production
capacity; and
(E) ongoing demand intensity reduction programs.
(3) USE OF EXISTING AGREEMENTS TO ESTABLISH MECHANISM- The Secretary
may, after consultation with Congress and in accordance with existing
international agreements, including the International Energy Program,
include China and India in a petroleum crisis response mechanism through
existing or new agreements.
(c) Energy Crisis Response Mechanism for the Western Hemisphere-
(1) AUTHORITY- The Secretary of State, in coordination with the
Secretary of Energy, should immediately seek to establish a Western
Hemisphere energy crisis response mechanism.
(2) SCOPE- The mechanism established under paragraph (1) should
include--
(A) an information sharing and coordinating mechanism in case of
energy supply emergencies;
(B) technical assistance in the development and management of national
strategic petroleum reserves within countries of the Western
Hemisphere;
(C) technical assistance in developing national programs to meet the
requirements of membership in a future international energy application
procedure as described in subsection (d);
(D) emergency demand restraint measures;
(E) energy switching preparedness and alternative energy production
capacity; and
(F) ongoing demand intensity reduction programs.
(3) MEMBERSHIP- The Secretary should seek to include in the Western
Hemisphere energy crisis response mechanism membership for each major energy
producer and major energy consumer in the Western Hemisphere and other
members of the Hemisphere Energy Cooperation Forum authorized under section
706.
(d) International Energy Program Application Procedure-
(1) AUTHORITY- The President should place on the agenda for discussion
at the Governing Board of the International Energy Agency, as soon as
practicable, the merits of establishing an international energy program
application procedure.
(2) PURPOSE- The purpose of such procedure is to allow countries that
are not members of the International Energy Program to apply to the
Governing Board of the International Energy Agency for allocation of
petroleum reserve stocks in times of emergency on a grant or loan basis.
Such countries should also receive technical assistance for, and be subject
to, conditions requiring development and management of national programs for
energy emergency preparedness, including demand restraint, fuel switching
preparedness, and development of alternative fuels production
capacity.
(1) PETROLEUM RESERVES- Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
appropriate congressional committees a report that evaluates the options for
adapting the United States national strategic petroleum reserve and the
international petroleum reserve coordinating mechanism in order to carry out
this section.
(2) CRISIS RESPONSE MECHANISMS- Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in coordination with
the Secretary of Energy, shall submit to the appropriate congressional
committees a report on the status of the establishment of the international
petroleum crisis response mechanisms described in subsections (b) and (c).
The report shall include recommendations of the Secretary of State and the
Secretary of Energy for any legislation necessary to establish or carry out
such mechanisms.
(3) EMERGENCY APPLICATION PROCEDURE- Not later than 60 days after a
discussion by the Governing Board of the International Energy Agency of the
application procedure described under subsection (d), the President should
submit to Congress a report that describes--
(A) the actions the United States Government has taken pursuant to
such subsection; and
(B) a summary of the debate on the matter before the Governing Board
of the International Energy Agency, including any decision that has been
reached by the Governing Board with respect to the matter.
SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM.
(a) Findings- Congress makes the following findings:
(1) The engagement of the United States Government with governments of
countries in the Western Hemisphere is a strategic priority for reducing the
potential for tension over energy resources, maintaining and expanding
reliable energy supplies, expanding use of renewable energy, and reducing
the detrimental effects of energy import dependence within the hemisphere.
Current energy dialogues should be expanded and refocused as needed to meet
this challenge.
(2) Countries of the Western Hemisphere can most effectively meet their
common needs for energy security and sustainability through partnership and
cooperation. Cooperation between governments on energy issues will enhance
bilateral relationships among countries of the hemisphere. The Western
Hemisphere is rich in natural resources, including biomass, oil, natural
gas, coal, and has significant opportunity for production of renewable
hydro, solar, wind, and other energies. Countries of the Western Hemisphere
can provide convenient and reliable markets for trade in energy goods and
services.
(3) Development of sustainable energy alternatives in the countries of
the Western Hemisphere can improve energy security, balance of trade, and
environmental quality and provide markets for energy technology and
agricultural products. Brazil and the United States have led the world in
the production of ethanol, and deeper cooperation on biofuels with other
countries of the hemisphere would extend economic and security
benefits.
(4) Private sector partnership and investment in all sources of energy
is critical to providing energy security in the Western Hemisphere.
(b) Hemisphere Energy Cooperation Forum-
(1) ESTABLISHMENT- The Secretary of State, in coordination with the
Secretary of Energy, should immediately seek to establish a regional-based
ministerial forum to be known as the Hemisphere Energy Cooperation
Forum.
(2) PURPOSES- The Hemisphere Energy Cooperation Forum should
seek--
(A) to strengthen relationships between the United States and other
countries of the Western Hemisphere through cooperation on energy
issues;
(B) to enhance cooperation between major energy producers and major
energy consumers in the Western Hemisphere, particularly among the
governments of Brazil, Canada, Mexico, the United States, and
Venezuela;
(C) to ensure that energy contributes to the economic, social, and
environmental enhancement of the countries of the Western
Hemisphere;
(D) to provide an opportunity for open dialogue and joint commitments
between member governments and with private industry; and
(E) to provide participating countries the flexibility necessary to
cooperatively address broad challenges posed to the energy supply of the
Western Hemisphere that are practical in policy terms and politically
acceptable.
(3) ACTIVITIES- The Hemisphere Energy Cooperation Forum should implement
the following activities:
(A) An Energy Crisis Initiative that will establish measures to
respond to temporary energy supply disruptions, including
through--
(i) strengthening sea-lane and infrastructure security;
(ii) implementing a real-time emergency information sharing
system;
(iii) encouraging members to have emergency mechanisms and
contingency plans in place; and
(iv) establishing a Western Hemisphere energy crisis response
mechanism as authorized under section 705(c).
(B) An Energy Sustainability Initiative to facilitate long-term supply
security through fostering reliable supply sources of fuels, including
development, deployment, and commercialization of technologies for
sustainable renewable fuels within the region, including activities
that--
(i) promote production and trade in sustainable energy, including
energy from biomass;
(ii) facilitate investment, trade, and technology cooperation in
energy infrastructure, petroleum products, natural gas (including
liquefied natural gas), energy efficiency (including automotive
efficiency), clean fossil energy, renewable energy, and carbon
sequestration;
(iii) promote regional infrastructure and market
integration;
(iv) develop effective and stable regulatory frameworks;
(v) develop renewable fuels standards and renewable portfolio
standards;
(vi) establish educational training and exchange programs between
member countries; and
(vii) identify and remove barriers to trade in technology, services,
and commodities.
(C) An Energy for Development Initiative to promote energy access for
underdeveloped areas through energy policy and infrastructure development,
including activities that--
(i) increase access to energy services for the poor;
(ii) improve energy sector market conditions;
(iii) promote rural development though biomass energy production and
use;
(iv) increase transparency of, and participation in, energy
infrastructure projects;
(v) promote development and deployment of technology for clean and
sustainable energy development, including biofuel and clean coal
technologies; and
(vi) facilitate use of carbon sequestration methods in agriculture
and forestry and linking greenhouse gas emissions reduction programs to
international carbon markets.
(c) Hemisphere Energy Industry Group-
(1) AUTHORITY- The Secretary of State, in coordination with the
Secretary of Commerce and the Secretary of Energy, should approach the
governments of other countries in the Western Hemisphere to seek cooperation
in establishing a Hemisphere Energy Industry Group, to be coordinated by the
United States Government, involving industry representatives and government
representatives from the Western Hemisphere.
(2) PURPOSE- The purpose of the forum should be to increase
public-private partnerships, foster private investment, and enable countries
of the Western Hemisphere to devise energy agendas compatible with industry
capacity and cognizant of industry goals.
(3) TOPICS OF DIALOGUES- Topics for the forum should include--
(A) promotion of a secure investment climate;
(B) development and deployment of biofuels and other alternative fuels
and clean electrical production facilities, including clean coal and
carbon sequestration;
(C) development and deployment of energy efficient technologies and
practices, including in the industrial, residential, and transportation
sectors;
(D) investment in oil and natural gas production and
distribution;
(E) transparency of energy production and reserves data;
(F) research promotion; and
(G) training and education exchange programs.
(d) Annual Report- The Secretary of State, in coordination with the
Secretary of Energy, shall submit to the appropriate congressional committees
an annual report on the implementation of this section, including the strategy
and benchmarks for measurement of progress developed under this section.
SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term `appropriate congressional committees' means the
Committee on Foreign Relations and the Committee on Energy and Natural
Resources of the Senate and the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives.
Calendar No. 156
110th CONGRESS
1st Session
S. 1419
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.
May 17, 2007
Read twice and ordered to be placed on the calendar
END