[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Public Print (PP)]
June 25, 2007
Ordered to be printed as passed
In the Senate of the United States,
June 21, 2007.
Resolved, That the bill from the House of Representatives (H.R.
6) entitled ``An Act to reduce our Nation's dependency on foreign oil
by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes.'', do
pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.
Sec. 113. Sense of Congress relating to the use of renewable resources
to generate 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.
Sec. 130. Biodiesel.
Sec. 131. Transitional assistance for farmers who plant dedicated
energy crops for a local cellulosic
refinery.
Sec. 132. Research and development in support of low-carbon fuels.
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 effects of ethanol-blended gasoline on off-road
vehicles.
Sec. 150. Study of offshore wind resources.
Subtitle D--Environmental Safeguards
Sec. 161. Grants for production of advanced biofuels.
Sec. 162. Studies of effects of renewable fuel use.
Sec. 163. Integrated consideration of water quality in determinations
on fuels and fuel additives.
Sec. 164. Anti-backsliding.
TITLE II--ENERGY EFFICIENCY PROMOTION
Sec. 201. Short title.
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 electronic 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.
Sec. 246. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 247. Commercial insulation demonstration program.
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. Oil savings plan and requirements.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.
Sec. 255. Smart grid system report.
Sec. 256. Smart grid technology research, development, and
demonstration.
Sec. 257. Smart grid interoperability framework.
Sec. 258. State consideration of smart grid.
Sec. 259. Support for energy independence of the United States.
Sec. 260. Energy Policy Commission.
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.
Sec. 269. Clean energy corridors.
Sec. 270. Federal standby power standard.
Sec. 270A. Standard relating to solar hot water heaters.
Sec. 270B. Renewable energy innovation manufacturing partnership.
Sec. 270C. Express loans for renewable energy and energy efficiency.
Sec. 270D. Small business energy efficiency.
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. Energy efficiency and renewable energy worker training
program.
Sec. 278. Assistance to States to reduce school bus idling.
Sec. 279. Definition of State.
Sec. 280. Coordination of planned refinery outages.
Sec. 281. Technical criteria for clean coal power initiative.
Sec. 282. Administration.
Sec. 283. Offshore renewable energy.
Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion
Sec. 291. Definition of marine and hydrokinetic renewable energy.
Sec. 292. Research and development.
Sec. 293. National ocean energy research centers.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 301. Short title.
Sec. 302. Carbon capture and storage research, development, and
demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.
Sec. 305. Capitol power plant carbon dioxide emissions demonstration
program.
Sec. 306. Assessment of carbon sequestration and methane and nitrous
oxide emissions from terrestrial
ecosystems.
Sec. 307. Abrupt climate change research program.
TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC
BUILDINGS
Subtitle A--Public Buildings Cost Reduction
Sec. 401. Short title.
Sec. 402. Cost-effective and geothermal heat pump technology
acceleration program.
Sec. 403. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 404. Definitions.
Subtitle B--Installation of Photovoltaic System at Department of Energy
Headquarters Building
Sec. 411. Installation of photovoltaic system at Department of Energy
headquarters building.
Subtitle C--High-Performance Green Buildings
Sec. 421. Short title.
Sec. 422. Findings and purposes.
Sec. 423. Definitions.
PART I--Office of High-Performance Green Buildings
Sec. 431. Oversight.
Sec. 432. Office of High-Performance Green Buildings.
Sec. 433. Green Building Advisory Committee.
Sec. 434. Public outreach.
Sec. 435. Research and development.
Sec. 436. Budget and life-cycle costing and contracting.
Sec. 437. Authorization of appropriations.
PART II--Healthy High-Performance Schools
Sec. 441. Definition of high-performance school.
Sec. 442. Grants for healthy school environments.
Sec. 443. Model guidelines for siting of school facilities.
Sec. 444. Public outreach.
Sec. 445. Environmental health program.
Sec. 446. Authorization of appropriations.
PART III--Strengthening Federal Leadership
Sec. 451. Incentives.
Sec. 452. Federal procurement.
Sec. 453. Federal green building performance.
Sec. 454. Storm water runoff requirements for Federal development
projects.
PART IV--Demonstration Project
Sec. 461. Coordination of goals.
Sec. 462. Authorization of appropriations.
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
Sec. 501. Short title.
Sec. 502. Average fuel economy standards for automobiles and certain
other vehicles.
Sec. 503. Amending Fuel Economy Standards.
Sec. 504. Definitions.
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. Increasing Consumer Awareness of Flexible Fuel Automobiles.
Sec. 512. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 513. Tire fuel efficiency consumer information.
Sec. 514. Advanced Battery Initiative.
Sec. 515. Biodiesel standards.
Sec. 516. Use of Civil Penalties for research and development.
Sec. 517. Energy Security Fund and Alternative Fuel Grant Program.
Sec. 518. Authorization of appropriations.
Sec. 519. Application with Clean Air Act.
Sec. 520. Alternative fuel vehicle action plan.
Sec. 521. Study of the adequacy of transportation of domestically-
produced renewable fuel by railroads and
other modes of transportation.
TITLE VI--PRICE GOUGING
Sec. 601. Short title.
Sec. 602. Definitions.
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. 609. Penalties.
Sec. 610. Effect on other laws.
TITLE VII--ENERGY DIPLOMACY AND SECURITY
Sec. 701. Short title.
Sec. 702. Definitions.
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. National Security Council reorganization.
Sec. 708. Annual national energy security strategy report.
Sec. 709. Appropriate congressional committees defined.
Sec. 710. No Oil Producing and Exporting Cartels Act of 2007.
Sec. 711. Convention on Supplementary Compensation for Nuclear Damage
contingent cost allocation.
TITLE VIII--MISCELLANEOUS
Sec. 801. Study of the effect of private wire laws on the development
of combined heat and power facilities.
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.
In this title:
(1) Advanced biofuel.--
(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 (including landfill gas and
sewage waste treatment gas) produced through
the conversion of organic matter from renewable
biomass;
(vi) butanol or other alcohols produced
through the conversion of organic matter from
renewable biomass; and
(vii) other fuel derived from cellulosic
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) nonmerchantable materials or precommercial
thinnings that--
(i) are byproducts of preventive
treatments, such as trees, wood, brush,
thinnings, chips, and slash, that are removed--
(I) to reduce hazardous fuels;
(II) to reduce or contain disease
or insect infestation; or
(III) to restore forest health;
(ii) would not otherwise be used for
higher-value products; and
(iii) are harvested from National Forest
System land or public land (as defined in
section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702))--
(I) where permitted by law; and
(II) in accordance with--
(aa) applicable land
management plans; and
(bb) the requirements for
old-growth maintenance,
restoration, and management
direction of paragraphs (2),
(3), and (4) of subsection (e)
and the requirements for large-
tree retention of subsection
(f) of section 102 of the
Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6512); 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--
(I) feed grains;
(II) other agricultural
commodities;
(III) other plants and trees; and
(IV) algae; and
(ii) waste material, including--
(I) crop residue;
(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.
(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means
motor vehicle 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 or
furnace.
(B) Inclusion.--The term ``renewable fuel''
includes--
(i) conventional biofuel; and
(ii) advanced biofuel.
(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.--
(1) Regulations.--
(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 and home heating oil 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 that commence operations
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
(ii) shall not--
(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).
(2) Applicable volume.--
(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
(ii) the ratio that--
(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.
(d) Credit Program.--
(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.
(f) Waivers.--
(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 30 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.
(g) Small Refineries.--
(1) Temporary exemption.--
(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.--
(1) Civil penalties.--
(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) Study of Impact of Renewable Fuel Standard.--
(1) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study to assess the impact of the
requirements described in subsection (a)(2) on each industry
relating to the production of feed grains, livestock, food, and
energy.
(2) Participation.--In conducting the study under paragraph
(1), the National Academy of Sciences shall seek the
participation, and consider the input, of--
(A) producers of feed grains;
(B) producers of livestock, poultry, and pork
products;
(C) producers of food and food products;
(D) producers of energy;
(E) individuals and entities interested in issues
relating to conservation, the environment, and
nutrition; and
(F) users of renewable fuels.
(3) Considerations.--In conducting the study, the National
Academy of Sciences shall consider--
(A) the likely impact on domestic animal
agriculture feedstocks that, in any crop year, are
significantly below current projections; and
(B) policy options to alleviate the impact on
domestic animal agriculture feedstocks that are
significantly below current projections.
(4) Components.--The study shall include--
(A) a description of the conditions under which the
requirements described in subsection (a)(2) should be
suspended or reduced to prevent adverse impacts to
domestic animal agriculture feedstocks described in
paragraph (3)(B); and
(B) recommendations for the means by which the
Federal Government could prevent or minimize adverse
economic hardships and impacts.
(5) Deadline for completion of study.--Not later than 270
days after the date of enactment of this Act, the Secretary
shall submit to Congress a report that describes the results of
the study.
(6) Periodic reviews.--
(A) In general.--To allow for the appropriate
adjustment of the requirements described in subsection
(a)(2), the Secretary shall conduct periodic reviews
of--
(i) existing technologies;
(ii) the feasibility of achieving
compliance with the requirements; and
(iii) the impacts of the requirements
described in subsection (a)(2) on each
individual and entity described in paragraph
(2).
(k) Effective Date.--Except as otherwise specifically provided in
this section, this section takes effect on the date on which the
National Academies of Science completes the study under subsection (j).
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.
(2) Renewable energy.--
(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.
(b) Additional Credit.--
(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).
SEC. 113. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE RESOURCES
TO GENERATE ENERGY.
(a) Findings.--Congress finds that--
(1) the United States has a quantity of renewable energy
resources that is sufficient to supply a significant portion of
the energy needs of the United States;
(2) the agricultural, forestry, and working land of the
United States can help ensure a sustainable domestic energy
system;
(3) accelerated development and use of renewable energy
technologies provide numerous benefits to the United States,
including improved national security, improved balance of
payments, healthier rural economies, improved environmental
quality, and abundant, reliable, and affordable energy for all
citizens of the United States;
(4) the production of transportation fuels from renewable
energy would help the United States meet rapidly growing
domestic and global energy demands, reduce the dependence of
the United States on energy imported from volatile regions of
the world that are politically unstable, stabilize the cost and
availability of energy, and safeguard the economy and security
of the United States;
(5) increased energy production from domestic renewable
resources would attract substantial new investments in energy
infrastructure, create economic growth, develop new jobs for
the citizens of the United States, and increase the income for
farm, ranch, and forestry jobs in the rural regions of the
United States;
(6) increased use of renewable energy is practical and can
be cost effective with the implementation of supportive
policies and proper incentives to stimulate markets and
infrastructure; and
(7) public policies aimed at enhancing renewable energy
production and accelerating technological improvements will
further reduce energy costs over time and increase market
demand.
(b) Sense of Congress.--It is the sense of Congress that it is the
goal of the United States that, not later than January 1, 2025, the
agricultural, forestry, and working land of the United States should--
(1) provide from renewable resources not less than 25
percent of the total energy consumed in the United States; and
(2) continue to produce safe, abundant, and affordable
food, feed, and fiber.
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.
(c) Applications.--
(1) Requirements.--
(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) be submitted by--
(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
(ii) include--
(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.
(f) Schedule.--
(1) Initial grants.--
(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.
(2) Additional grants.--
(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.
(g) Reports to Congress.--
(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:
``(c) Amount.--
``(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);
(B) be an institution--
(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, including by portable processing equipment.
(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, including by portable
processing equipment.
(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.--Not later than 180 days after the
date of enactment of this Act, the President shall promulgate
regulations to ensure that each diesel-equivalent fuel derived
from renewable biomass and introduced into interstate commerce
is tested and certified to comply with applicable standards of
the American Society for Testing and Materials.
(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.
SEC. 131. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED
ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY.
(a) Definitions.--In this section:
(1) Cellulosic crop.--The term ``cellulosic crop'' means a
tree or grass that is grown specifically--
(A) to provide raw materials (including feedstocks)
for conversion to liquid transportation fuels or
chemicals through biochemical or thermochemical
processes; or
(B) for energy generation through combustion,
pyrolysis, or cofiring.
(2) Cellulosic refiner.--The term ``cellulosic refiner''
means the owner or operator of a cellulosic refinery.
(3) Cellulosic refinery.--The term ``cellulosic refinery''
means a refinery that processes a cellulosic crop.
(4) Qualified cellulosic crop.--The term ``qualified
cellulosic crop'' means, with respect to an agricultural
producer, a cellulosic crop that is--
(A) the subject of a contract or memorandum of
understanding between the producer and a cellulosic
refiner, under which the producer is obligated to sell
the crop to the cellulosic refiner by a certain date;
and
(B) produced not more than 70 miles from a
cellulosic refinery owned or operated by the cellulosic
refiner.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Transitional Assistance Payments.--The Secretary shall make
transitional assistance payments to an agricultural producer during the
first year in which the producer devotes land to the production of a
qualified cellulosic crop.
(c) Amount of Payment.--
(1) Determined by formula.--Subject to paragraph (2), the
Secretary shall devise a formula to be used to calculate the
amount of a payment to be made to an agricultural producer
under this section, based on the opportunity cost (as
determined in accordance with such standard as the Secretary
may establish, taking into consideration land rental rates and
other applicable costs) incurred by the producer during the
first year in which the producer devotes land to the production
of the qualified cellulosic crop.
(2) Limitation.--The total of the amount paid to a producer
under this section shall not exceed an amount equal to 25
percent of the amounts made available under subsection (e) for
the applicable fiscal year.
(d) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines to be necessary to carry out this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,088,000 for each of fiscal
years 2008 through 2012, to remain available until expended.
SEC. 132. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON FUELS.
(a) Declaration of Policy.--Congress declares that, in order to
achieve maximum reductions in greenhouse gas emissions, enhance
national security, and ensure the protection of wildlife habitat,
biodiversity, water quality, air quality, and rural and regional
economies throughout the lifecycle of each low-carbon fuel, it is
necessary and desirable to undertake a combination of basic and applied
research, as well as technology development and demonstration,
involving the colleges and universities of the United States, in
partnership with the Federal Government, State governments, and the
private sector.
(b) Purpose.--The purpose of this section is to provide for
research support to facilitate the development of sustainable markets
and technologies to produce and use woody biomass and other low-carbon
fuels for the production of thermal and electric energy, biofuels, and
bioproducts.
(c) Definition of Fuel Emission Baseline.--In this section, the
term ``fuel emission baseline'' means the average lifecycle greenhouse
gas emissions per unit of energy of the fossil fuel component of
conventional transportation fuels in commerce in the United States in
calendar year 2008, as determined by the President.
(d) Grant Program.--The President shall establish a program to
provide to eligible entities (as identified by the President) grants
for use in--
(1) providing financial support for not more than 4 nor
less than 6 demonstration facilities that--
(A) use woody biomass to deploy advanced
technologies for production of thermal and electric
energy, biofuels, and bioproducts; and
(B) are targeted at regional feedstocks and
markets;
(2) conducting targeted research for the development of
cellulosic ethanol and other liquid fuels from woody or other
biomass that may be used in transportation or stationary
applications, such as industrial processes or industrial,
commercial, and residential heating;
(3) conducting research into the best scientifically-based
and periodically-updated methods of assessing and certifying
the impacts of each low-carbon fuel with respect to--
(A) the reduction in lifecycle greenhouse gas
emissions of each fuel as compared to--
(i) the fuel emission baseline; and
(ii) the greenhouse gas emissions of other
sectors, such as the agricultural, industrial,
and manufacturing sectors;
(B) the contribution of the fuel toward enhancing
the energy security of the United States by displacing
imported petroleum and petroleum products;
(C) any impacts of the fuel on wildlife habitat,
biodiversity, water quality, and air quality; and
(D) any effect of the fuel with respect to rural
and regional economies;
(4) conducting research to determine to what extent the use
of low-carbon fuels in the transportation sector would impact
greenhouse gas emissions in other sectors, such as the
agricultural, industrial, and manufacturing sectors;
(5) conducting research for the development of the supply
infrastructure that may provide renewable biomass feedstocks in
a consistent, predictable, and environmentally-sustainable
manner;
(6) conducting research for the development of supply
infrastructure that may provide renewable low-carbon fuels in a
consistent, predictable, and environmentally-sustainable
manner; and
(7) conducting policy research on the global movement of
low-carbon fuels in a consistent, predictable, and
environmentally-sustainable manner.
(e) Authorization of Appropriations.--Of the funding authorized
under section 122, there are authorized to be appropriated to carry out
this section--
(1) $45,000,000 for fiscal year 2009;
(2) $50,000,000 for fiscal year 2010;
(3) $55,000,000 for fiscal year 2011;
(4) $60,000,000 for fiscal year 2012; and
(5) $65,000,000 for fiscal year 2013.
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
(2) alternatives for--
(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--
(A) B5;
(B) B10;
(C) B20; and
(D) B30.
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 EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF-ROAD
VEHICLES.
(a) Study.--
(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.
SEC. 150. STUDY OF OFFSHORE WIND RESOURCES.
(a) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means a college or university that--
(A) as of the date of enactment of this Act, has an
offshore wind power research program; and
(B) is located in a region of the United States
that is in reasonable proximity to the eastern outer
Continental Shelf, as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Minerals
Management Service.
(b) Study.--The Secretary, in cooperation with an eligible
institution, as selected by the Secretary, shall conduct a study to
assess each offshore wind resource located in the region of the eastern
outer Continental Shelf.
(c) Report.--Upon completion of the study under subsection (b), the
Secretary shall submit to Congress a report that includes--
(1) a description of--
(A) the locations and total power generation
resources of the best offshore wind resources located
in the region of the eastern outer Continental Shelf,
as determined by the Secretary;
(B) based on conflicting zones relating to any
infrastructure that, as of the date of enactment of
this Act, is located in close proximity to any offshore
wind resource, the likely exclusion zones of each
offshore wind resource described in subparagraph (A);
(C) the relationship of the temporal variation of
each offshore wind resource described in subparagraph
(A) with--
(i) any other offshore wind resource; and
(ii) with loads and corresponding system
operator markets;
(D) the geological compatibility of each offshore
wind resource described in subparagraph (A) with any
potential technology relating to sea floor towers; and
(E) with respect to each area in which an offshore
wind resource described in subparagraph (A) is located,
the relationship of the authority under any coastal
management plan of the State in which the area is
located with the Federal Government; and
(2) recommendations on the manner by which to handle
offshore wind intermittence.
(d) Incorporation of Study.--Effective beginning on the date on
which the Secretary completes the study under subsection (b), the
Secretary shall incorporate the findings included in the report under
subsection (c) into the planning process documents for any wind energy
lease sale--
(1) relating to any offshore wind resource located in any
appropriate area of the outer Continental Shelf, as determined
by the Secretary; and
(2) that is completed on or after the date of enactment of
this Act.
(e) Effect.--Nothing in this section--
(1) delays any final regulation to be promulgated by the
Secretary of the Interior to carry out section 8(p) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
(2) limits the authority of the Secretary to lease any
offshore wind resource located in any appropriate area of the
outer Continental Shelf, as determined by the Secretary.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000, to remain available
until expended.
Subtitle D--Environmental Safeguards
SEC. 161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General.--The Secretary shall establish a grant program to
encourage the production of advanced biofuels.
(b) Requirements and Priority.--In making grants under this
section, the Secretary--
(1) shall make awards to the proposals for advanced
biofuels with the greatest reduction in lifecycle greenhouse
gas emissions compared to the comparable motor vehicle fuel
lifecycle emissions during calendar year 2007; and
(2) shall not make an award to a project that does not
achieve at least a 50-percent reduction in such lifecycle
greenhouse gas emissions.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for the period of
fiscal years 2008 through 2015.
SEC. 162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
adding at the end the following:
``(t) Studies of Effects of Renewable Fuel Use.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall offer to
enter into appropriate arrangements with the National Academy
of Sciences and any other independent research institute
determined to be appropriate by the Administrator, in
consultation with appropriate Federal agencies, to conduct 2
studies on the effects of increased domestic use of renewable
fuels under the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007.
``(2) Matters to be studied.--
``(A) In general.--The studies under this
subsection shall assess, quantify, and recommend
analytical methodologies in relation to environmental
changes associated with the increased domestic use of
renewable fuels under the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007,
including production, handling, transportation, and use
of the fuels.
``(B) Specific matters.--The studies shall include
an assessment and quantification, to the maximum extent
practicable, of significant changes--
``(i) in air and water quality and the
quality of other natural resources;
``(ii) in land use patterns;
``(iii) in the rate of deforestation in the
United States and globally;
``(iv) to greenhouse gas emissions;
``(v) to significant geographic areas and
habitats with high biodiversity values
(including species richness, the presence of
species that are exclusively native to a place,
or the presence of endangered species); or
``(vi) in the long-term capacity of the
United States to produce biomass feedstocks.
``(C) Baseline comparison.--In making an assessment
or quantifying effects of increased use of renewable
fuels, the studies shall use an appropriate baseline
involving increased use of the conventional
transportation fuels, if displacement by use of
renewable fuels had not occurred.
``(3) Reports to congress.--The Administrator shall submit
to Congress a report summarizing the assessments and findings
of--
``(A) the first study, along with any
recommendations by the Administrator to mitigate
adverse effects identified by the study, not later than
3 years after the date of enactment of this subsection;
and
``(B) the second study, along with any
recommendations by the Administrator to mitigate
adverse effects identified by the study, not later
December 31, 2015.''.
SEC. 163. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS
ON FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is
amended--
(1) by striking ``nonroad vehicle (A) if in the judgment of
the Administrator'' and inserting ``nonroad vehicle--
``(A) if, in the judgment of the Administrator, any
fuel or fuel additive or'';
(2) in subparagraph (A), by striking ``air pollution
which'' and inserting ``air pollution or water pollution
(including any degradation in the quality of groundwater)
that''; and
(3) by striking ``, or (B) if'' and inserting the
following: ``; or
``(B) if''.
SEC. 164. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (42 U.S.C. 7545) (as amended by
section 162) is amended by adding at the end the following:
``(u) Prevention of Air Quality Deterioration.--
``(1) Study.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007, the
Administrator shall complete a study to determine
whether the renewable fuel volumes required by that Act
will adversely impact air quality as a result of
changes in vehicle and engine emissions of air
pollutants regulated under this Act.
``(B) Considerations.--The study shall include
consideration of--
``(i) different blend levels, types of
renewable fuels, and available vehicle
technologies; and
``(ii) appropriate national, regional, and
local air quality control measures.
``(2) Regulations.--Not later than 3 years after the date
of enactment of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007, the Administrator shall--
``(A) promulgate regulations to implement
appropriate measures to mitigate, to the greatest
extent achievable, considering the results of the study
under paragraph (1), any adverse impacts on air
quality, as the result of the renewable volumes
required by that Act; or
``(B) make a determination that no such measures
are necessary.
``(3) Other requirements.--Nothing in title I of the
Renewable Fuels, Consumer Protection, and Energy Efficiency Act
of 2007 supercedes or otherwise affects any Federal or State
requirement under any other provision of law that is more
stringent than any requirement of this title.''.
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.
``(2) Guidelines.--
``(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:
``(1) Standards.--
``(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
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........... >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................ >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................ 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Effective Date
Nominal Lamp Wattage Minimum Average Lamp (Period of
Efficacy (LPW) 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.
``(D) Effective dates.--
``(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.
(3) Waivers.--
(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) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Administrator of General
Services shall submit to the Energy Information Agency a report
describing the quantity, type, and cost of each lighting product
purchased by the Federal Government.
(i) 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).
(j) 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--
(A) is generated--
(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--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)).
(3) Ocean energy.--
(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)));
(iii) landfill gas; or
(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--
``(i) for covered products (excluding
clothes washers, dishwashers, showerheads,
faucets, water closets, and urinals), prescribe
a minimum level of energy efficiency or a
maximum quantity of energy use, determined in
accordance with test procedures prescribed
under section 323;
``(ii) for showerheads, faucets, water
closets, and urinals, prescribe a minimum level
of water efficiency or a maximum quantity of
water use, determined in accordance with test
procedures prescribed under section 323; and
``(iii) for clothes washers and
dishwashers--
``(I) prescribe a minimum level of
energy efficiency or a maximum quantity
of energy use, determined in accordance
with test procedures prescribed under
section 323; and
``(II) may include a minimum level
of water efficiency or a maximum
quantity of water use, determined in
accordance with those test procedures.
``(B) Inclusions.--The term `energy conservation
standard' includes--
``(i) 1 or more design requirements, if the
requirements were established--
``(I) on or before the date of
enactment of this subclause; or
``(II) as part of a consensus
agreement under section 325(hh); and
``(ii) any other requirements that the
Secretary may prescribe under section 325(r).
``(C) Exclusion.--The term `energy conservation
standard' does not include a performance standard for a
component of a finished covered product, unless
regulation of the component is authorized or
established pursuant to this title.''.
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.--
``(1) In general.--
``(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.
``(4) Procedure.--
``(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--
(A) in subsection (b)--
(i) in paragraph (2), by striking
``subsection (e)'' and inserting ``subsection
(f)''; and
(ii) in paragraph (3)--
(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:
``(E) Final rule.--
``(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.
(a) Procedure for Prescribing New or Amended Standards.--Section
325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)) is
amended by adding at the end the following:
``(5) Direct final rules.--
``(A) In general.--On receipt of a statement that
is submitted jointly by interested persons that are
fairly representative of relevant points of view
(including representatives of manufacturers of covered
products, States, and efficiency advocates), as
determined by the Secretary, and contains
recommendations with respect to an energy or water
conservation standard--
``(i) if the Secretary determines that the
recommended standard contained in the statement
is in accordance with subsection (o) or section
342(a)(6)(B), as applicable, the Secretary may
issue a final rule that establishes an energy
or water conservation standard and is published
simultaneously with a notice of proposed
rulemaking that proposes a new or amended
energy or water conservation standard that is
identical to the standard established in the
final rule to establish the recommended
standard (referred to in this paragraph as a
`direct final rule'); or
``(ii) if the Secretary determines that a
direct final rule cannot be issued based on the
statement, the Secretary shall publish a notice
of the determination, together with an
explanation of the reasons for the
determination.
``(B) Public comment.--The Secretary shall--
``(i) solicit public comment with respect
to each direct final rule issued by the
Secretary under subparagraph (A)(i); and
``(ii) publish a response to each comment
so received.
``(C) Withdrawal of direct final rules.--
``(i) In general.--Not later than 120 days
after the date on which a direct final rule
issued under subparagraph (A)(i) is published
in the Federal Register, the Secretary shall
withdraw the direct final rule if--
``(I) the Secretary receives 1 or
more adverse public comments relating
to the direct final rule under
subparagraph (B)(i); and
``(II) based on the complete
rulemaking record relating to the
direct final rule, the Secretary
tentatively determines that the adverse
public comments are relevant under
subsection (o), section 342(a)(6)(B),
or any other applicable law.
``(ii) Action on withdrawal.--On withdrawal
of a direct final rule under clause (i), the
Secretary shall--
``(I) proceed with the notice of
proposed rulemaking published
simultaneously with the direct final
rule as described in subparagraph
(A)(i); and
``(II) publish in the Federal
Register the reasons why the direct
final rule was withdrawn.
``(iii) Treatment of withdrawn direct final
rules.--A direct final rule that is withdrawn
under clause (i) shall not be considered to be
a final rule for purposes of subsection (o).
``(D) Effect of paragraph.--Nothing in this
paragraph authorizes the Secretary to issue a direct
final rule based solely on receipt of more than 1
statement containing recommended standards relating to
the direct final rule.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first
sentence by inserting ``section 325(p)(5),'' after ``The provisions
of''.
SEC. 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:
``(1) Test procedures.--
``(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(m) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)) is amended--
(1) by designating the first and second sentences as
paragraphs (1) and (4), respectively;
(2) by striking paragraph (1) (as so designated) 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 or should not be amended based
on the criteria 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.''; and
(3) in paragraph (4) (as so designated), by striking ``(4)
An'' and inserting the following:
``(4) Application of amendment.--An''.
(c) Standards.--Section 342(a)(6) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)(6)) is amended by striking
``(6)(A)(i)'' and all that follows through the end of subparagraph (A)
and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) In general.--
``(i) Analysis of potential energy
savings.--If ASHRAE/IES Standard 90.1 is
amended with respect to any small commercial
package air conditioning and heating equipment,
large commercial package air conditioning and
heating equipment, very large commercial
package air conditioning and heating equipment,
packaged terminal air conditioners, packaged
terminal heat pumps, warm-air furnaces,
packaged boilers, storage water heaters,
instantaneous water heaters, or unfired hot
water storage tanks, not later than 180 days
after the amendment of the standard, the
Secretary shall publish in the Federal Register
for public comment an analysis of the energy
savings potential of amended energy efficiency
standards.
``(ii) Amended uniform national standard
for products.--
``(I) In general.--Except as
provided in subclause (II), not later
than 18 months after the date of
publication of the amendment to the
ASHRAE/IES Standard 90.1 for a product
described in clause (i), the Secretary
shall establish an amended uniform
national standard for the product at
the minimum level specified in the
amended ASHRAE/IES Standard 90.1.
``(II) More stringent standard.--
Subclause (I) shall not apply if the
Secretary determines, by rule published
in the Federal Register, and supported
by clear and convincing evidence, that
adoption of a uniform national standard
more stringent than the amended ASHRAE/
IES Standard 90.1 for the product would
result in significant additional
conservation of energy and is
technologically feasible and
economically justified.
``(iii) Rule.--If the Secretary makes a
determination described in clause (ii)(II) for
a product described in clause (i), not later
than 30 months after the date of publication of
the amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the
rule establishing the amended standard.''.
(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.--
``(1) Test procedures.--
``(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 ELECTRONIC PRODUCTS.
(a) In General.--Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(H) Labeling requirements.--
``(i) In general.--Subject to clauses (ii)
through (iv), not later than 18 months after
the date of issuance of applicable Department
of Energy testing procedures, the Commission,
in consultation with the Secretary and the
Administrator of the Environmental Protection
Agency (acting through the Energy Star
program), shall, by regulation, promulgate
labeling or other disclosure requirements for
the energy use of--
``(I) televisions;
``(II) personal computers;
``(III) cable or satellite set-top
boxes;
``(IV) stand-alone digital video
recorder boxes; and
``(V) personal computer monitors.
``(ii) Alternate testing procedures.--In
the absence of applicable testing procedures
described in clause (i) for products described
in subclauses (I) through (V) of that clause,
the Commission may by regulation promulgate
labeling requirements for a consumer product
category described in clause (i) if the
Commission--
``(I) identifies adequate non-
Department of Energy testing procedures
for those products; and
``(II) determines that labeling of
those products is likely to assist
consumers in making purchasing
decisions.
``(iii) Deadline and requirements for
labeling.--
``(I) Deadline.--Not later than 18
months after the date of promulgation
of any requirements under clause (i) or
(ii), the Commission shall require
labeling of electronic products
described in clause (i).
``(II) Requirements.--The
requirements promulgated under clause
(i) or (ii) may include specific
requirements for each electronic
product to be labeled with respect to
the placement, size, and content of
Energy Guide labels.
``(iv) Determination of feasibility.--
Clause (i) or (ii) shall not apply in any case
in which the Commission determines that
labeling in accordance with this subsection--
``(I) is not technologically or
economically feasible; or
``(II) is not likely to assist
consumers in making purchasing
decisions.''; and
(2) by adding at the end the following:
``(6) Authority to include additional product categories.--
The Commission may require labeling in accordance with this
subsection for any consumer product not specified in this
subsection or section 322 if the Commission determines that
labeling for the product is likely to assist consumers in
making purchasing decisions.''.
(b) Content of Label.--Section 324(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6924(c)) is amended by adding at the end
the following:
``(9) Discretionary application.--The Commission may apply
paragraphs (1), (2), (3), (5), and (6) of this subsection to
the labeling of any product covered by paragraph (2)(H) or (6)
of subsection (a).''.
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:
``(3) Boilers.--
``(A) In general.--Subject to subparagraphs (B) and
(C), boilers manufactured on or after September 1,
2012, shall meet the following requirements:
------------------------------------------------------------------------
Minimum
Annual Fuel
Boiler Type Utilization Design Requirements
Efficiency
------------------------------------------------------------------------
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 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:
``(I) A U-Frame Motor.
``(II) A Design C Motor.
``(III) A close-coupled pump motor.
``(IV) A footless motor.
``(V) A vertical solid shaft normal thrust (tested
in a horizontal configuration).
``(VI) An 8-pole motor.
``(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:
``(1) Standards.--
``(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:
``(D) Clothes washers.--
``(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, 2015.--Not later than January
1, 2015, 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, 2015, and
including any amended standards.
``(E) Dishwashers.--
``(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:
------------------------------------------------------------------------
Minimum
Energy
Product Capacity (pints/day): 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.
(c) Requirements.--
(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
(C) food processing.
(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.
(c) Partnerships.--
(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.
(3) Proposals.--
(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 vehicles 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 and
developing new manufacturing processes and material
suppliers 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.
(e) Set Aside for Small Automobile Manufacturers and Component
Suppliers.--
(1) Definition of covered firm.--In this subsection, the
term ``covered firm'' means a firm that--
(A) employs less than 500 individuals; and
(B) manufactures automobiles or components of
automobiles.
(2) Set aside.--Of the amount of funds that are used to
provide awards for each fiscal year under this section, the
Secretary shall use not less than 30 percent of the amount to
provide awards to covered firms or consortia led by a covered
firm.
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.
(B) Composition.--
(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).
(C) Meetings.--
(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--
(i) materials design;
(ii) materials synthesis and
characterization;
(iii) electrode-active materials, including
electrolytes and bioelectrolytes;
(iv) surface and interface dynamics;
(v) modeling and simulation; and
(vi) thermal behavior and life degradation
mechanisms; and
(vii) thermal behavior and life degradation
mechanisms.
(B) Nanoscience centers.--The Secretary, in
cooperation with the Council, shall coordinate the
activities of the nanoscience centers of the Department
to help the nanoscience centers of the Department
maintain a globally competitive posture in energy
storage systems for motor transportation and
electricity transmission and distribution.
(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--
(A) ultracapacitors;
(B) flywheels;
(C) batteries and battery systems (including flow
batteries);
(D) compressed air energy systems;
(E) power conditioning electronics;
(F) manufacturing technologies for energy storage
systems; and
(G) thermal management systems.
(6) Energy storage research centers.--
(A) In general.--The Secretary shall establish,
through competitive bids, not more than 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 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))).
(7) Disclosure.--Section 623 of the Energy Policy Act of
1992 (42 U.S.C. 13293) may apply to any project carried out
through a grant, contract, or cooperative agreement under this
section.
(8) Intellectual property.--In accordance with section
202(a)(ii) of title 35, United States Code, section 152 of the
Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of
the Federal Nonnuclear Research and Development Act of 1974 (42
U.S.C. 5908), the Secretary may require, for any new invention
developed under paragraph (6)--
(A) that any industrial participant that is active
in a Energy Storage Research Center established under
paragraph (6) related to the advancement of energy
storage technologies carried out, in whole or in part,
with Federal funding, be granted the first option to
negotiate with the invention owner, at least in the
field of energy storage technologies, nonexclusive
licenses and royalties on terms that are reasonable, as
determined by the Secretary;
(B) that, during a 2-year period beginning on the
date on which an invention is made, the patent holder
shall not negotiate any license or royalty agreement
with any entity that is not an industrial participant
under paragraph (6);
(C) that, during the 2-year period described in
subparagraph (B), the patent holder shall negotiate
nonexclusive licenses and royalties in good faith with
any interested industrial participant under paragraph
(6); and
(D) such other terms as the Secretary determines to
be necessary to promote the accelerated
commercialization of inventions made under paragraph
(6) to advance the capability of the United States to
successfully compete in global energy storage markets.
(9) Review by national academy of sciences.--Not later than
3 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 carrying out this section.
(10) 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) Definitions.--In this subsection--
(A) Battery.--The term ``battery'' means an
electrochemical energy storage device powered directly
by electrical current.
(B) Plug-in electric drive vehicle.--The term
``plug-in electric drive vehicle'' means a
precommercial vehicle that--
(i) draws motive power from a battery with
a capacity of at least 4 kilowatt-hours;
(ii) can be recharged from an external
source of electricity for motive power; and
(iii) 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 plug-in
electric drive vehicles.
(3) Eligibility.--
(A) In general.--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.
(B) Certain applicants.--A battery manufacturer
that proposes to supply to an applicant for a grant
under this section a battery with a capacity of greater
than 1 kilowatt-hour for use in a plug-in electric
drive vehicle shall--
(i) ensure that the applicant includes in
the application a description of the price of
the battery per kilowatt-hour;
(ii) on approval by the Secretary of the
application, publish, or permit the Secretary
to publish, the price described in clause (i);
and
(iii) for any order received by the battery
manufacturer for at least 1,000 batteries,
offer the batteries at that price.
(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 plug-in 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 Electric Drive Transportation Deployment Program.--
(1) Definition of qualified electric transportation
project.--
(A) In general.--In this subsection, the term
``qualified electric transportation project'' means a
project that would simultaneously reduce emissions of
criteria pollutants, greenhouse gas emissions, and
petroleum usage by at least 40 percent as compared to
commercially available, petroleum-based technologies.
(B) Inclusions.--In this subsection, the term
``qualified electric transportation project'' includes
a project relating to--
(i) shipside or shoreside electrification
for vessels;
(ii) truck-stop electrification;
(iii) electric truck refrigeration units;
(iv) battery powered auxiliary power units
for trucks;
(v) electric airport ground support
equipment;
(vi) electric material and cargo handling
equipment;
(vii) electric or dual-mode electric
freight rail;
(viii) any distribution upgrades needed to
supply electricity to the project; and
(ix) any ancillary infrastructure,
including panel upgrades, battery chargers, in-
situ transformers, and trenching.
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall establish a program to
provide grants and loans to eligible entities for the conduct
of qualified electric transportation projects.
(3) Grants.--
(A) In general.--Of the amounts made available for
grants under paragraph (2)--
(i) \2/3\ shall be made available by the
Secretary on a competitive basis for qualified
electric transportation projects based on the
overall cost-effectiveness of a qualified
electric transportation project in reducing
emissions of criteria pollutants, emissions of
greenhouse gases, and petroleum usage; and
(ii) \1/3\ shall be made available by the
Secretary for qualified electric transportation
projects in the order that the grant
applications are received, if the qualified
electric transportation projects meet the
minimum standard for the reduction of emissions
of criteria pollutants, emissions of greenhouse
gases, and petroleum usage described in
paragraph (1)(A).
(B) Priority.--In providing grants under this
paragraph, the Secretary shall give priority to large-
scale projects and large-scale aggregators of projects.
(C) Cost sharing.--Section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352) shall apply to a grant
made under this paragraph.
(4) Revolving loan program.--
(A) In general.--The Secretary shall establish a
revolving loan program to provide loans to eligible
entities for the conduct of qualified electric
transportation projects under paragraph (2).
(B) Criteria.--The Secretary shall establish
criteria for the provision of loans under this
paragraph.
(C) Funding.--Of amounts made available to carry
out this subsection, the Secretary shall use any
amounts not used to provide grants under paragraph (3)
to carry out the revolving loan program under this
paragraph.
(c) Market Assessment Program.--The Administrator of the
Environmental Protection Agency, in consultation with the Secretary and
private industry, shall carry out a program--
(1) to inventory and analyze existing electric drive
transportation technologies and hybrid technologies and
markets; and
(2) to identify and implement methods of removing barriers
for existing and emerging applications of electric drive
transportation technologies and hybrid transportation
technologies.
(d) Electricity Usage Program.--
(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and
private industry, shall carry out a program--
(A) to work with utilities to develop low-cost,
simple methods of--
(i) using off-peak electricity; or
(ii) managing on-peak electricity use;
(B) to develop systems and processes--
(i) to enable plug-in electric vehicles to
enhance the availability of emergency back-up
power for consumers;
(ii) to study and demonstrate the potential
value to the electric grid to use the energy
stored in the on-board storage systems to
improve the efficiency and reliability of the
grid generation system; and
(iii) to work with utilities and other
interested stakeholders to study and
demonstrate the implications of the
introduction of plug-in electric vehicles and
other types of electric transportation on the
production of electricity from renewable
resources.
(2) Off-peak electricity usage grants.--In carrying out the
program under paragraph (1), the Secretary shall provide grants
to assist eligible public and private electric utilities for
the conduct of programs or activities to encourage owners of
electric drive transportation technologies--
(A) to use off-peak electricity; or
(B) to have the load managed by the utility.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsections (b), (c), and (d) $125,000,000
for each of fiscal years 2008 through 2013.
(f) Electric Drive Transportation Technologies.--
(1) Definitions.--In this subsection:
(A) Battery.--The term ``battery'' means an
electrochemical energy storage device powered directly
by electrical current.
(B) Electric drive transportation technology.--The
term ``electric drive transportation technology''
means--
(i) technology used in vehicles that use an
electric motor for all or part of the motive
power of the vehicles, including battery
electric, hybrid electric, plug-in hybrid
electric, fuel cell, and plug-in fuel cell
vehicles, or rail transportation; or
(ii) equipment relating to transportation
or mobile sources of air pollution that use an
electric motor to replace an internal
combustion engine for all or part of the work
of the equipment, including--
(I) corded electric equipment
linked to transportation or mobile
sources of air pollution; and
(II) electrification technologies
at airports, ports, truck stops, and
material-handling facilities.
(C) Energy storage device.--
(i) In general.--The term ``energy storage
device'' means the onboard device used in an
on-road or nonroad vehicle to store energy, or
a battery, ultracapacitor, compressed air
energy storage system, or flywheel used to
store energy in a stationary application.
(ii) Inclusions.--The term ``energy storage
device'' includes--
(I) in the case of an electric or
hybrid electric or fuel cell vehicle, a
battery, ultracapacitor, or similar
device; and
(II) in the case of a hybrid
hydraulic vehicle, an accumulator or
similar device.
(D) Engine dominant hybrid vehicle.--The term
``engine dominant hybrid vehicle'' means an on-road or
nonroad vehicle that--
(i) is propelled by an internal combustion
engine or heat engine using--
(I) any combustible fuel; and
(II) an on-board, rechargeable
energy storage device; and
(ii) has no means of using an off-board
source of energy.
(E) Nonroad vehicle.--The term ``nonroad vehicle''
means a vehicle--
(i) powered by--
(I) a nonroad engine, as that term
is defined in section 216 of the Clean
Air Act (42 U.S.C. 7550); or
(II) fully or partially by an
electric motor powered by a fuel cell,
a battery, or an off-board source of
electricity; and
(ii) that is not a motor vehicle or a
vehicle used solely for competition.
(F) Plug-in electric drive vehicle.--In this
section, the term ``plug-in electric drive vehicle''
means a precommercial vehicle that--
(i) draws motive power from a battery with
a capacity of at least 4 kilowatt-hours;
(ii) can be recharged from an external
source of electricity for motive power; and
(iii) is a light-, medium-, or heavy-duty
onroad or nonroad vehicle.
(2) Evaluation of plug-in electric drive transportation
technology benefits.--
(A) In general.--The Secretary, in cooperation with
the Administrator of the Environmental Protection
Agency, the heads of other appropriate Federal
agencies, and appropriate interested stakeholders,
shall evaluate and, as appropriate, modify existing
test protocols for fuel economy and emissions to ensure
that any protocols for electric drive transportation
technologies, including plug-in electric drive
vehicles, accurately measure the fuel economy and
emissions performance of the electric drive
transportation technologies.
(B) Requirements.--Test protocols (including any
modifications to test protocols) for electric drive
transportation technologies under subparagraph (A)
shall--
(i) be designed to assess the full
potential of benefits in terms of reduction of
emissions of criteria pollutants, reduction of
energy use, and petroleum reduction; and
(ii) consider--
(I) the vehicle and fuel as a
system, not just an engine;
(II) nightly off-board charging, as
applicable; and
(III) different engine-turn on
speed control strategies.
(3) Plug-in electric drive vehicle research and
development.--The Secretary shall conduct an applied research
program for plug-in electric drive vehicle technology and
engine dominant hybrid vehicle technology, including--
(A) high-capacity, high-efficiency energy storage
devices that, as compared to existing technologies that
are in commercial service, have improved life, energy
storage capacity, and power delivery capacity;
(B) high-efficiency on-board and off-board charging
components;
(C) high-power and energy-efficient drivetrain
systems for passenger and commercial vehicles and for
nonroad vehicles;
(D) development and integration of control systems
and power trains for plug-in electric vehicles, plug-in
hybrid fuel cell vehicles, and engine dominant hybrid
vehicles, including--
(i) development of efficient cooling
systems;
(ii) analysis and development of control
systems that minimize the emissions profile in
cases in which clean diesel engines are part of
a plug-in hybrid drive system; and
(iii) development of different control
systems that optimize for different goals,
including--
(I) prolonging energy storage
device life;
(II) reduction of petroleum
consumption; and
(III) reduction of greenhouse gas
emissions;
(E) application of nanomaterial technology to
energy storage devices and fuel cell systems; and
(F) use of smart vehicle and grid interconnection
devices and software that enable communications between
the grid of the future and electric drive
transportation technology vehicles.
(4) Education program.--
(A) In general.--The Secretary shall develop a
nationwide electric drive transportation technology
education program under which the Secretary shall
provide--
(i) teaching materials to secondary schools
and high schools; and
(ii) assistance for programs relating to
electric drive system and component engineering
to institutions of higher education.
(B) Electric vehicle competition.--The program
established under subparagraph (A) shall include a
plug-in hybrid electric vehicle competition for
institutions of higher education, which shall be known
as the ``Dr. Andrew Frank Plug-In Electric Vehicle
Competition''.
(C) Engineers.--In carrying out the program
established under subparagraph (A), the Secretary shall
provide financial assistance to institutions of higher
education to create new, or support existing, degree
programs to ensure the availability of trained
electrical and mechanical engineers with the skills
necessary for the advancement of--
(i) plug-in electric drive vehicles; and
(ii) other forms of electric drive
transportation technology vehicles.
(5) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2008 through 2013--
(A) to carry out paragraph (3) $200,000,000; and
(B) to carry out paragraph (4) $5,000,000.
(g) Collaboration and Merit Review.--
(1) Collaboration with national laboratories.--To the
maximum extent practicable, National Laboratories shall
collaborate with the public, private, and academic sectors and
with other National Laboratories in the design, conduct, and
dissemination of the results of programs and activities
authorized under this section.
(2) Collaboration with mobile energy storage program.--To
the maximum extent practicable, the Secretary shall seek to
coordinate the stationary and mobile energy storage programs of
the Department of the Energy with the programs and activities
authorized under this section
(3) Merit review.--Notwithstanding section 989 of the
Energy Policy Act of 2005 (42 U.S.C. 16353), of the amounts
made available to carry out this section, not more than 30
percent shall be provided to National Laboratories.
SEC. 246. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF 1992.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is
amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) the following:
``(a) Definitions.--In this section:
``(1) Fuel cell electric vehicle.--The term `fuel cell
electric vehicle' means an on-road or nonroad vehicle that uses
a fuel cell (as defined in section 803 of the Spark M.
Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).
``(2) Hybrid electric vehicle.--The term `hybrid electric
vehicle' means a new qualified hybrid motor vehicle (as defined
in section 30B(d)(3) of the Internal Revenue Code of 1986).
``(3) Medium- or heavy-duty electric vehicle.--The term
`medium- or heavy-duty electric vehicle' means an electric,
hybrid electric, or plug-in hybrid electric vehicle with a
gross vehicle weight of more than 8,501 pounds.
``(4) Neighborhood electric vehicle.--The term
`neighborhood electric vehicle' means a 4-wheeled on-road or
nonroad vehicle that--
``(A) has a top attainable speed in 1 mile of more
than 20 mph and not more than 25 mph on a paved level
surface; and
``(B) is propelled by an electric motor and on-
board, rechargeable energy storage system that is
rechargeable using an off-board source of electricity.
``(5) Plug-in hybrid electric vehicle.--The term `plug-in
hybrid electric vehicle' means a light-duty, medium-duty, or
heavy-duty on-road or nonroad vehicle that is propelled by any
combination of--
``(A) an electric motor and on-board, rechargeable
energy storage system capable of operating the vehicle
in intermittent or continuous all-electric mode and
which is rechargeable using an off-board source of
electricity; and
``(B) an internal combustion engine or heat engine
using any combustible fuel.'';
(3) in subsection (b) (as redesignated by paragraph (1))--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) Allocation.--The Secretary''; and
(B) by adding at the end the following:
``(2) Electric vehicles.--Not later than January 31, 2009,
the Secretary shall--
``(A) allocate credit in an amount to be determined
by the Secretary for--
``(i) acquisition of--
``(I) a hybrid electric vehicle;
``(II) a plug-in hybrid electric
vehicle;
``(III) a fuel cell electric
vehicle;
``(IV) a neighborhood electric
vehicle; or
``(V) a medium- or heavy-duty
electric vehicle; and
``(ii) investment in qualified alternative
fuel infrastructure or nonroad equipment, as
determined by the Secretary; and
``(B) allocate more than 1, but not to exceed 5,
credits for investment in an emerging technology
relating to any vehicle described in subparagraph (A)
to encourage--
``(i) a reduction in petroleum demand;
``(ii) technological advancement; and
``(iii) a reduction in vehicle
emissions.'';
(4) in subsection (c) (as redesignated by paragraph (1)),
by striking ``subsection (a)'' and inserting ``subsection
(b)''; and
(5) by adding at the end the following:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2013.''.
SEC. 247. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Advanced insulation.--The term ``advanced insulation''
means insulation that has an R value of not less than R35 per
inch.
(2) Covered refrigeration unit.--The term ``covered
refrigeration unit'' means any--
(A) commercial refrigerated truck;
(B) commercial refrigerated trailer; and
(C) commercial refrigerator, freezer, or
refrigerator-freezer described in section 342(c) of the
Energy Policy and Conservation Act (42 U.S.C. 6313(c)).
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report that includes
an evaluation of--
(1) the state of technological advancement of advanced
insulation; and
(2) the projected amount of cost savings that would be
generated by implementing advanced insulation into covered
refrigeration units.
(c) Demonstration Program.--
(1) Establishment.--If the Secretary determines in the
report described in subsection (b) that the implementation of
advanced insulation into covered refrigeration units would
generate an economically justifiable amount of cost savings,
the Secretary, in cooperation with manufacturers of covered
refrigeration units, shall establish a demonstration program
under which the Secretary shall demonstrate the cost-
effectiveness of advanced insulation.
(2) Disclosure.--Section 623 of the Energy Policy Act of
1992 (42 U.S.C. 13293) may apply to any project carried out
under this subsection.
(3) Cost-sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to any project carried out
under this subsection.
(d) Authorization of Appropriations.--Of the funds authorized under
section 911(b) of Public Law 109-58, the Energy Policy Act of 2005,
such sums shall be allocated to carry out this program.
Subtitle D--Setting Energy Efficiency Goals
SEC. 251. OIL SAVINGS PLAN AND REQUIREMENTS.
(a) Oil Savings Target and Action Plan.--Not later than 270 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget (referred to in this section as the ``Director'')
shall publish in the Federal Register an action plan consisting of--
(1) a list of requirements proposed or to be proposed
pursuant to subsection (b) that are authorized to be issued
under law in effect on the date of enactment of this Act, and
this Act, that will be sufficient, when taken together, to save
from the baseline determined under subsection (e)--
(A) 2,500,000 barrels of oil per day on average
during calendar year 2016;
(B) 7,000,000 barrels of oil per day on average
during calendar year 2026; and
(C) 10,000,000 barrels per day on average during
calendar year 2031; and
(2) a Federal Government-wide analysis demonstrating--
(A) the expected oil savings from the baseline to
be accomplished by each requirement; and
(B) that all such requirements, taken together,
will achieve the oil savings specified in this
subsection.
(b) Standards and Requirements.--
(1) In general.--On or before the date of publication of
the action plan under subsection (a), the Secretary of Energy,
the Secretary of Transportation, the Secretary of Defense, the
Secretary of Agriculture, the Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, and the
head of any other agency the President determines appropriate
shall each propose, or issue a notice of intent to propose,
regulations establishing each standard or other requirement
listed in the action plan that is under the jurisdiction of the
respective agency using authorities described in paragraph (2).
(2) Authorities.--The head of each agency described in
paragraph (1) shall use to carry out this subsection--
(A) any authority in existence on the date of
enactment of this Act (including regulations); and
(B) any new authority provided under this Act
(including an amendment made by this Act).
(3) Final regulations.--Not later than 18 months after the
date of enactment of this Act, the head of each agency
described in paragraph (1) shall promulgate final versions of
the regulations required under this subsection.
(4) Content of regulations.--Each proposed and final
regulation promulgated under this subsection shall--
(A) be sufficient to achieve at least the oil
savings resulting from the regulation under the action
plan published under subsection (a); and
(B) be accompanied by an analysis by the applicable
agency demonstrating that the regulation will achieve
the oil savings from the baseline determined under
subsection (e).
(c) Initial Evaluation.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director shall--
(A) publish in the Federal Register a Federal
Government-wide analysis of--
(i) the oil savings achieved from the
baseline established under subsection (e); and
(ii) the expected oil savings under the
standards and requirements of this Act (and
amendments made by this Act); and
(B) determine whether oil savings will meet the
targets established under subsection (a).
(2) Insufficient oil savings.--If the oil savings are less
than the targets established under subsection (a),
simultaneously with the analysis required under paragraph (1)--
(A) the Director shall publish a revised action
plan that is sufficient to achieve the targets; and
(B) the head of each agency referred to in
subsection (b)(1) shall propose new or revised
regulations that are sufficient to achieve the targets
under paragraphs (1), (2), and (3), respectively, of
subsection (b).
(3) Final regulations.--Not later than 180 days after the
date on which regulations are proposed under paragraph (2)(B),
the head of each agency referred to in subsection (b)(1) shall
promulgate final versions of those regulations that comply with
subsection (b)(1).
(d) Review and Update of Action Plan.--
(1) Review.--Not later than January 1, 2011, and every 3
years thereafter, the Director shall submit to Congress, and
publish, a report that--
(A) evaluates the progress achieved in implementing
the oil savings targets established under subsection
(a);
(B) analyzes the expected oil savings under the
standards and requirements established under this Act
and the amendments made by this Act; and
(C)(i) analyzes the potential to achieve oil
savings that are in addition to the savings required by
subsection (a); and
(ii) if the President determines that it is in the
national interest, establishes a higher oil savings
target for calendar year 2017 or any subsequent
calendar year.
(2) Insufficient oil savings.--If the oil savings are less
than the targets established under subsection (a),
simultaneously with the report required under paragraph (1)--
(A) the Director shall publish a revised action
plan that is sufficient to achieve the targets; and
(B) the head of each agency referred to in
subsection (b)(1) shall propose new or revised
regulations that are sufficient to achieve the targets
under paragraphs (1), (2), and (3), respectively, of
subsection (b).
(3) Final regulations.--Not later than 180 days after the
date on which regulations are proposed under paragraph (2)(B),
the head of each agency referred to in subsection (b)(1) shall
promulgate final versions of those regulations that comply with
subsection (b)(1).
(e) Baseline and Analysis Requirements.--In performing the analyses
and promulgating proposed or final regulations to establish standards
and other requirements necessary to achieve the oil savings required by
this section, the Secretary of Energy, the Secretary of Transportation,
the Secretary of Defense, the Secretary of Agriculture, the
Administrator of the Environmental Protection Agency, and the head of
any other agency the President determines to be appropriate shall--
(1) determine oil savings as the projected reduction in oil
consumption from the baseline established by the reference case
contained in the report of the Energy Information
Administration entitled ``Annual Energy Outlook 2005'';
(2) determine the oil savings projections required on an
annual basis for each of calendar years 2009 through 2026; and
(3) account for any overlap among the standards and other
requirements to ensure that the projected oil savings from all
the promulgated standards and requirements, taken together, are
as accurate as practicable.
(f) Nonregulatory Measures.--The action plan required under
subsection (a) and the revised action plans required under subsections
(c) and (d) shall include--
(1) a projection of the barrels of oil displaced by
efficiency and sources of energy other than oil, including
biofuels, electricity, and hydrogen; and
(2) a projection of the barrels of oil saved through
enactment of this Act and the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.).
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.
(b) Strategic Plan.--
(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.
(d) Plan Updates.--
(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.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section shall be used for the following:
(A) Advertising costs.--
(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.
SEC. 255. SMART GRID SYSTEM REPORT.
(a) In General.--The Secretary, acting through the Director of the
Office of Electricity Delivery and Energy Reliability (referred to in
this section as the ``Secretary''), shall, after consulting with any
interested individual or entity as appropriate, no later than one year
after enactment, report to Congress concerning the status of smart grid
deployments nationwide and any regulatory or government barriers to
continued deployment.
SEC. 256. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) Power Grid Digital Information Technology.--The Secretary, in
consultation with the Federal Energy Regulatory Commission and other
appropriate agencies, electric utilities, the States, and other
stakeholders, shall carry out a program--
(1) to develop advanced techniques for measuring peak load
reductions and energy-efficiency savings from smart metering,
demand response, distributed generation, and electricity
storage systems;
(2) to investigate means for demand response, distributed
generation, and storage to provide ancillary services;
(3) to conduct research to advance the use of wide-area
measurement and control networks, including data mining,
visualization, advanced computing, and secure and dependable
communications in a highly-distributed environment;
(4) to test new reliability technologies in a grid control
room environment against a representative set of local outage
and wide area blackout scenarios;
(5) to investigate the feasibility of a transition to time-
of-use and real-time electricity pricing;
(6) to develop algorithms for use in electric transmission
system software applications;
(7) to promote the use of underutilized electricity
generation capacity in any substitution of electricity for
liquid fuels in the transportation system of the United States;
and
(8) in consultation with the Federal Energy Regulatory
Commission, to propose interconnection protocols to enable
electric utilities to access electricity stored in vehicles to
help meet peak demand loads.
(b) Smart Grid Regional Demonstration Initiative.--
(1) In general.--The Secretary shall establish a smart grid
regional demonstration initiative (referred to in this
subsection as the ``Initiative'') composed of demonstration
projects specifically focused on advanced technologies for use
in power grid sensing, communications, analysis, and power flow
control. The Secretary shall seek to leverage existing smart
grid deployments.
(2) Goals.--The goals of the Initiative shall be--
(A) to demonstrate the potential benefits of
concentrated investments in advanced grid technologies
on a regional grid;
(B) to facilitate the commercial transition from
the current power transmission and distribution system
technologies to advanced technologies;
(C) to facilitate the integration of advanced
technologies in existing electric networks to improve
system performance, power flow control, and
reliability;
(D) to demonstrate protocols and standards that
allow for the measurement and validation of the energy
savings and fossil fuel emission reductions associated
with the installation and use of energy efficiency and
demand response technologies and practices; and
(E) to investigate differences in each region and
regulatory environment regarding best practices in
implementing smart grid technologies.
(3) Demonstration projects.--
(A) In general.--In carrying out the initiative,
the Secretary shall carry out smart grid demonstration
projects in up to 5 electricity control areas,
including rural areas and at least 1 area in which the
majority of generation and transmission assets are
controlled by a tax-exempt entity.
(B) Cooperation.--A demonstration project under
subparagraph (A) shall be carried out in cooperation
with the electric utility that owns the grid facilities
in the electricity control area in which the
demonstration project is carried out.
(C) Federal share of cost of technology
investments.--The Secretary shall provide to an
electric utility described in subparagraph (B)
financial assistance for use in paying an amount equal
to not more than 50 percent of the cost of qualifying
advanced grid technology investments made by the
electric utility to carry out a demonstration project.
(4) Authorization of appropriations.--There are authorized
to be appropriated--
(A) to carry out subsection (a), such sums as are
necessary for each of fiscal years 2008 through 2012;
and
(B) to carry out subsection (b), $100,000,000 for
each of fiscal years 2008 through 2012.
SEC. 257. SMART GRID INTEROPERABILITY FRAMEWORK.
(a) Interoperability Framework.--The Federal Energy Regulatory
Commission (referred to in this section as the ``Commission''), in
cooperation with other relevant federal agencies, shall coordinate with
smart grid stakeholders to develop protocols for the establishment of a
flexible framework for the connection of smart grid devices and systems
that would align policy, business, and technology approaches in a
manner that would enable all electric resources, including demand-side
resources, to contribute to an efficient, reliable electricity network.
(c) Scope of Framework.--The framework developed under subsection
(b) shall be designed--
(1) to accommodate traditional, centralized generation and
transmission resources and consumer distributed resources,
including distributed generation, renewable generation, energy
storage, energy efficiency, and demand response and enabling
devices and systems;
(2) to be flexible to incorporate--
(A) regional and organizational differences; and
(B) technological innovations; and
(3) to consider include voluntary uniform standards for
certain classes of mass-produced electric appliances and
equipment for homes and businesses that enable customers, at
their election and consistent with applicable State and federal
laws, and are manufactured with the ability to respond to
electric grid emergencies and demand response signals by
curtailing all, or a portion of, the electrical power consumed
by the appliances or equipment in response to an emergency or
demand response signal, including through--
(A) load reduction to reduce total electrical
demand;
(B) adjustment of load to provide grid ancillary
services; and
(C) in the event of a reliability crisis that
threatens an outage, short-term load shedding to help
preserve the stability of the grid.
(4) Such voluntary standards should incorporate appropriate
manufacturer lead time.
SEC. 258. STATE CONSIDERATION OF SMART GRID.
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) Consideration of smart grid investments.--
Each State shall consider requiring that, prior to
undertaking investments in nonadvanced grid
technologies, an electric utility of the State
demonstrate to the State that the electric utility
considered an investment in a qualified smart grid
system based on appropriate factors, including--
``(i) total costs;
``(ii) cost-effectiveness;
``(iii) improved reliability;
``(iv) security;
``(v) system performance; and
``(vi) societal benefit.
``(B) Rate recovery.--Each State shall consider
authorizing each electric utility of the State to
recover from ratepayers any capital, operating
expenditure, or other costs of the electric utility
relating to the deployment of a qualified smart grid
system, including a reasonable rate of return on the
capital expenditures of the electric utility for the
deployment of the qualified smart grid system.
``(C) Obsolete equipment.--Each State shall
consider authorizing any electric utility or other
party of the State to deploy a qualified smart grid
system to recover in a timely manner the remaining
book-value costs of any equipment rendered obsolete by
the deployment of the qualified smart grid system,
based on the remaining depreciable life of the obsolete
equipment.''.
SEC. 259. SUPPORT FOR ENERGY INDEPENDENCE OF THE UNITED STATES.
It is the policy of the United States to provide support for
projects and activities to facilitate the energy independence of the
United States so as to ensure that all but 10 percent of the energy
needs of the United States are supplied by domestic energy sources.
SEC. 260. ENERGY POLICY COMMISSION.
(a) Establishment.--
(1) In general.--There is established a commission, to be
known as the ``National Commission on Energy Independence''
(referred to in this section as the ``Commission'').
(2) Membership.--The Commission shall be composed of 15
members, of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by the majority leader of
the Senate;
(C) 3 shall be appointed by the minority leader of
the Senate;
(D) 3 shall be appointed by the Speaker of the
House of Representatives; and
(E) 3 shall be appointed by the minority leader of
the House of Representatives.
(3) Co-chairpersons.--
(A) In general.--The President shall designate 2
co-chairpersons from among the members of the
Commission appointed.
(B) Political affiliation.--The co-chairpersons
designated under subparagraph (A) shall not both be
affiliated with the same political party.
(4) Deadline for appointment.--Members of the Commission
shall be appointed not later than 90 days after the date of
enactment of this Act.
(5) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment.
(b) Purpose.--The Commission shall conduct a comprehensive review
of the energy policy of the United States by--
(1) reviewing relevant analyses of the current and long-
term energy policy of, and conditions in, the United States;
(2) identifying problems that may threaten the achievement
by the United States of long-term energy policy goals,
including energy independence;
(3) analyzing potential solutions to problems that threaten
the long-term ability of the United States to achieve those
energy policy goals; and
(4) providing recommendations that will ensure, to the
maximum extent practicable, that the energy policy goals of the
United States are achieved.
(c) Report and Recommendations.--
(1) In general.--Not later than December 31 of each of
calendar years 2009, 2011, 2013, and 2015, the Commission shall
submit to Congress and the President a report on the progress
of United States in meeting the long-term energy policy goal of
energy independence, including a detailed statement of the
consensus findings, conclusions, and recommendations of the
Commission.
(2) Legislative language.--If a recommendation submitted
under paragraph (1) involves legislative action, the report
shall include proposed legislative language to carry out the
action.
(d) Commission Personnel Matters.--
(1) Staff and director.--The Commission shall have a staff
headed by an Executive Director.
(2) Staff appointment.--The Executive Director may appoint
such personnel as the Executive Director and the Commission
determine to be appropriate.
(3) Experts and consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(4) Federal agencies.--
(A) Detail of government employees.--
(i) In general.--Upon the request of the
Commission, the head of any Federal agency may
detail, without reimbursement, any of the
personnel of the Federal agency to the
Commission to assist in carrying out the duties
of the Commission.
(ii) Nature of detail.--Any detail of a
Federal employee under clause (i) shall not
interrupt or otherwise affect the civil service
status or privileges of the Federal employee.
(B) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide
such technical assistance to the Commission as the
Commission determines to be necessary to carry out the
duties of the Commission.
(e) Resources.--
(1) In general.--The Commission shall have reasonable
access to materials, resources, statistical data, and such
other information from Executive agencies as the Commission
determines to be necessary to carry out the duties of the
Commission.
(2) Form of requests.--The co-chairpersons of the
Commission shall make requests for access described in
paragraph (1) in writing, as necessary.
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.
``(2) Plan.--
``(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
``(vii) other measures.
``(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--
``(A) telecommuting;
``(B) public transit;
``(C) carpooling; and
``(D) bicycling and the use of 2-wheeled electric
drive devices.
``(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).
``(c) Replacement Tires.--
``(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:
``(a) Requirement.--
``(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 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--
``(A) a reduction'';
(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.''.
(d) Notification.--
(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.
(B) Secondary savings.--
(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.
(2) Study.--
(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
(2) in clause (i)--
(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;
and''.
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'';
(3) in subsection (b)--
(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'';
(4) in subsection (c)--
(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, the Secretary of
Housing and Urban Development or the Secretary of Agriculture make a
determination that the revised codes do not negatively affect the
availability or affordability of new construction of assisted housing
and single family and multifamily residential housing (other than
manufactured homes) subject to mortgages insured under the National
Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, or made by
the Secretary of Agriculture under title V of the Housing Act of 1949
(42 U.S.C. 1471 et seq.), respectively, and 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) construction; or
(III) real estate;
(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.
(b) 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.
SEC. 269. CLEAN ENERGY CORRIDORS.
Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended--
(1) in subsection (a)--
(A) by striking ``(1) Not later than'' and
inserting the following:
``(1) In general.--Not later than'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Report and designations.--
``(A) In general.--After considering alternatives
and recommendations from interested parties (including
an opportunity for comment from affected States), the
Secretary shall issue a report, based on the study
conducted under paragraph (1), in which the Secretary
may designate as a national interest electric
transmission corridor any geographic area experiencing
electric energy transmission capacity constraints or
congestion that adversely affects consumers, including
constraints or congestion that--
``(i) increases costs to consumers;
``(ii) limits resource options to serve
load growth; or
``(iii) limits access to sources of clean
energy, such as wind, solar energy, geothermal
energy, and biomass.
``(B) Additional designations.--In addition to the
corridor designations made under subparagraph (A), the
Secretary may designate additional corridors in
accordance with that subparagraph upon the application
by an interested person, on the condition that the
Secretary provides for an opportunity for notice and
comment by interested persons and affected States on
the application.'';
(C) in paragraph (3), the striking ``(3) The
Secretary'' and inserting the following:
``(3) Consultation.--The Secretary''; and
(D) in paragraph (4)--
(i) by striking ``(4) In determining'' and
inserting the following:
``(4) Basis for determination.--In determining''; and
(ii) by striking subparagraphs (A) through
(E) and inserting the following:
``(A) the economic vitality and development of the
corridor, or the end markets served by the corridor,
may be constrained by lack of adequate or reasonably
priced electricity;
``(B)(i) economic growth in the corridor, or the
end markets served by the corridor, may be jeopardized
by reliance on limited sources of energy; and
``(ii) a diversification of supply is warranted;
``(C) the energy independence of the United States
would be served by the designation;
``(D) the designation would be in the interest of
national energy policy; and
``(E) the designation would enhance national
defense and homeland security.''; and
(2) by adding at the end the following:
``(l) Rates and Recovery of Costs.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall promulgate
regulations providing for the allocation and recovery of costs
prudently incurred by public utilities in building and
operating facilities authorized under this section for
transmission of electric energy generated from clean sources
(such as wind, solar energy, geothermal energy, and biomass).
``(2) Applicable provisions.--All rates approved under the
regulations promulgated under paragraph (1), including any
revisions to the regulations, shall be subject to the
requirements under sections 205 and 206 that all rates,
charges, terms, and conditions be just and reasonable and not
unduly discriminatory or preferential.''.
SEC. 270. FEDERAL STANDBY POWER STANDARD.
(a) Definitions.--In this section:
(1) Agency.--
(A) In general.--The term ``Agency'' has the
meaning given the term ``Executive agency'' in section
105 of title 5, United States Code.
(B) Inclusions.--The term ``Agency'' includes
military departments, as the term is defined in section
102 of title 5, United States Code.
(2) Eligible product.--The term ``eligible product'' means
a commercially available, off-the-shelf product that--
(A)(i) uses external standby power devices; or
(ii) contains an internal standby power function;
and
(B) is included on the list compiled under
subsection (d).
(b) Federal Purchasing Requirement.--Subject to subsection (c), if
an Agency purchases an eligible product, the Agency shall purchase--
(1) an eligible product that uses not more than 1 watt in
the standby power consuming mode of the eligible product; or
(2) if an eligible product described in paragraph (1) is
not available, the eligible product with the lowest available
standby power wattage in the standby power consuming mode of
the eligible product.
(c) Limitation.--The requirements of subsection (b) shall apply to
a purchase by an Agency only if--
(1) the lower-wattage eligible product is--
(A) lifecycle cost-effective; and
(B) practicable; and
(2) the utility and performance of the eligible product is
not compromised by the lower wattage requirement.
(d) Eligible Products.--The Secretary of Energy, in consultation
with the Secretary of Defense, the Administrator of the Environmental
Protection Agency, and the Administrator of General Services, shall
compile a publicly accessible list of cost-effective eligible products
that shall be subject to the purchasing requirements of subsection (b).
SEC. 270A. STANDARD RELATING TO SOLAR HOT WATER HEATERS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3)(A)) (as amended by section 266) is amended--
(1) in clause (i)(III), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) if life-cycle cost-effective, as
compared to other reasonably available
technologies, not less than 30 percent of the
hot water demand for each new or substantially
modified Federal building be met through the
installation and use of solar hot water
heaters.''.
SEC. 270B. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP.
(a) Establishment.--The Secretary shall carry out a program, to be
known as the Renewable Energy Innovation Manufacturing Partnership
Program (referred to in this section as the ``Program''), to make
assistance awards to eligible entities for use in carrying out
research, development, and demonstration relating to the manufacturing
of renewable energy technologies.
(b) Solicitation.--To carry out the Program, the Secretary shall
annually conduct a competitive solicitation for assistance awards for
an eligible project described in subsection (e).
(c) Program Purposes.--The purposes of the Program are--
(1) to develop, or aid in the development of, advanced
manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy
technology and components; and
(3) to better coordinate Federal, State, and private
resources to meet regional and national renewable energy goals
through advanced manufacturing partnerships.
(d) Eligible Entities.--An entity shall be eligible to receive an
assistance award under the Program to carry out an eligible project
described in subsection (e) if the entity is composed of--
(1) 1 or more public or private nonprofit institutions or
national laboratories engaged in research, development,
demonstration, or technology transfer, that would participate
substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing
or development of renewable energy system components (including
solar energy, wind energy, biomass, geothermal energy, energy
storage, or fuel cells).
(e) Eligible Projects.--An eligible entity may use an assistance
award provided under this section to carry out a project relating to--
(1) the conduct of studies of market opportunities for
component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development,
demonstration, and deployment projects for advanced
manufacturing processes, materials, and infrastructure for
renewable energy systems; and
(3) other similar ventures, as approved by the Secretary,
that promote advanced manufacturing of renewable technologies.
(f) Criteria and Guidelines.--The Secretary shall establish
criteria and guidelines for the submission, evaluation, and funding of
proposed projects under the Program.
(g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a project carried out under this section.
(h) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42
U.S.C. 13293) shall apply to a project carried out under this
subsection.
(i) Sense of the Senate.--It is the sense of the Senate that the
Secretary should ensure that small businesses engaged in renewable
manufacturing be considered for loan guarantees authorized under title
XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.).
(j) Authorization of Appropriations.--There is authorized to be
appropriated out of funds already authorized to carry out this section
$25,000,000 for each of fiscal years 2008 through 2013, to remain
available until expended.
SEC. 270C. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31))
is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph--
``(I) the term `biomass'--
``(aa) means any organic
material that is available on a
renewable or recurring basis,
including--
``(AA) agricultural
crops;
``(BB) trees grown
for energy production;
``(CC) wood waste
and wood residues;
``(DD) plants
(including aquatic
plants and grasses);
``(EE) residues;
``(FF) fibers;
``(GG) animal
wastes and other waste
materials; and
``(HH) fats, oils,
and greases (including
recycled fats, oils,
and greases); and
``(bb) does not include--
``(AA) paper that
is commonly recycled;
or
``(BB) unsegregated
solid waste;
``(II) the term `energy efficiency
project' means the installation or
upgrading of equipment that results in
a significant reduction in energy
usage; and
``(III) the term `renewable energy
system' means a system of energy
derived from--
``(aa) a wind, solar,
biomass (including biodiesel),
or geothermal source; or
``(bb) hydrogen derived
from biomass or water using an
energy source described in item
(aa).
``(ii) Loans.--Loans may be made under the
`Express Loan Program' for the purpose of--
``(I) purchasing a renewable energy
system; or
``(II) an energy efficiency project
for an existing business.''.
SEC. 270D. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``association'' means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102);
(4) the term ``electric utility'' has the meaning given
that term in section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602);
(5) the term ``on-bill financing'' means a low interest or
no interest financing agreement between a small business
concern and an electric utility for the purchase or
installation of equipment, under which the regularly scheduled
payment of that small business concern to that electric utility
is not reduced by the amount of the reduction in cost
attributable to the new equipment and that amount is credited
to the electric utility, until the cost of the purchase or
installation is repaid;
(6) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 636);
(7) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(8) the term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances which reduce or eliminate the need to commute;
and
(9) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(b) Implementation of Small Business Energy Efficiency Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate final
rules establishing the Government-wide program authorized under
subsection (d) of section 337 of the Energy Policy and
Conservation Act (42 U.S.C. 6307) that ensure compliance with
that subsection by not later than 6 months after such date of
enactment.
(2) Plan.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish a
detailed plan regarding how the Administrator will--
(A) assist small business concerns in becoming more
energy efficient; and
(B) build on the Energy Star for Small Business
Program of the Department of Energy and the
Environmental Protection Agency.
(3) Assistant administrator for small business energy
policy.--
(A) In general.--There is in the Administration an
Assistant Administrator for Small Business Energy
Policy, who shall be appointed by, and report to, the
Administrator.
(B) Duties.--The Assistant Administrator for Small
Business Energy Policy shall--
(i) oversee and administer the requirements
under this subsection and section 337(d) of the
Energy Policy and Conservation Act (42 U.S.C.
6307(d)); and
(ii) promote energy efficiency efforts for
small business concerns and reduce energy costs
of small business concerns.
(4) Reports.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives an annual report on the progress of the
Administrator in encouraging small business concerns to become
more energy efficient, including data on the rate of use of the
Small Business Energy Clearinghouse established under section
337(d)(4) of the Energy Policy and Conservation Act (42 U.S.C.
6307(d)(4)).
(c) Small Business Energy Efficiency.--
(1) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Pilot Program (in this subsection
referred to as the ``Efficiency Pilot Program'') to provide
energy efficiency assistance to small business concerns through
small business development centers.
(2) Small business development centers.--
(A) In general.--In carrying out the Efficiency
Pilot Program, the Administrator shall enter into
agreements with small business development centers
under which such centers shall--
(i) provide access to information and
resources on energy efficiency practices,
including on-bill financing options;
(ii) conduct training and educational
activities;
(iii) offer confidential, free, one-on-one,
in-depth energy audits to the owners and
operators of small business concerns regarding
energy efficiency practices;
(iv) give referrals to certified
professionals and other providers of energy
efficiency assistance who meet such standards
for educational, technical, and professional
competency as the Administrator shall
establish; and
(v) act as a facilitator between small
business concerns, electric utilities, lenders,
and the Administration to facilitate on-bill
financing arrangements.
(B) Reports.--Each small business development
center participating in the Efficiency Pilot Program
shall submit to the Administrator and the Administrator
of the Environmental Protection Agency an annual report
that includes--
(i) a summary of the energy efficiency
assistance provided by that center under the
Efficiency Pilot Program;
(ii) the number of small business concerns
assisted by that center under the Efficiency
Pilot Program;
(iii) statistics on the total amount of
energy saved as a result of assistance provided
by that center under the Efficiency Pilot
Program; and
(iv) any additional information determined
necessary by the Administrator, in consultation
with the association.
(C) Reports to congress.--Not later than 60 days
after the date on which all reports under subparagraph
(B) relating to a year are submitted, the Administrator
shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
summarizing the information regarding the Efficiency
Pilot Program submitted by small business development
centers participating in that program.
(3) Eligibility.--A small business development center shall
be eligible to participate in the Efficiency Pilot Program only
if that center is certified under section 21(k)(2) of the Small
Business Act (15 U.S.C. 648(k)(2)).
(4) Selection of participating state programs.--
(A) Groupings.--
(i) Selection of programs.--The
Administrator shall select the small business
development center programs of 2 States from
each of the groupings of States described in
clauses (ii) through (xi) to participate in the
pilot program established under this
subsection.
(ii) Group 1.--Group 1 shall consist of
Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
(iii) Group 2.--Group 2 shall consist of
New York, New Jersey, Puerto Rico, and the
Virgin Islands.
(iv) Group 3.--Group 3 shall consist of
Pennsylvania, Maryland, West Virginia,
Virginia, the District of Columbia, and
Delaware.
(v) Group 4.--Group 4 shall consist of
Georgia, Alabama, North Carolina, South
Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
(vi) Group 5.--Group 5 shall consist of
Illinois, Ohio, Michigan, Indiana, Wisconsin,
and Minnesota.
(vii) Group 6.--Group 6 shall consist of
Texas, New Mexico, Arkansas, Oklahoma, and
Louisiana.
(viii) Group 7.--Group 7 shall consist of
Missouri, Iowa, Nebraska, and Kansas.
(ix) Group 8.--Group 8 shall consist of
Colorado, Wyoming, North Dakota, South Dakota,
Montana, and Utah.
(x) Group 9.--Group 9 shall consist of
California, Guam, American Samoa, Hawaii,
Nevada, and Arizona.
(xi) Group 10.--Group 10 shall consist of
Washington, Alaska, Idaho, and Oregon.
(5) Matching requirement.--Subparagraphs (A) and (B) of
section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Pilot Program.
(6) Grant amounts.--Each small business development center
selected to participate in the Efficiency Pilot Program under
paragraph (4) shall be eligible to receive a grant in an amount
equal to--
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) Evaluation and report.--The Comptroller General of the
United States shall--
(A) not later than 30 months after the date of
disbursement of the first grant under the Efficiency
Pilot Program, initiate an evaluation of that pilot
program; and
(B) not later than 6 months after the date of the
initiation of the evaluation under subparagraph (A),
submit to the Administrator, the Committee on Small
Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of
Representatives, a report containing--
(i) the results of the evaluation; and
(ii) any recommendations regarding whether
the Efficiency Pilot Program, with or without
modification, should be extended to include the
participation of all small business development
centers.
(8) Guarantee.--The Administrator may guarantee the timely
payment of a loan made to a small business concern through an
on-bill financing agreement on such terms and conditions as the
Administrator shall establish through a formal rule making,
after providing notice and an opportunity for comment.
(9) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated from such sums as are already authorized
under section 21 of the Small Business Act to carry out
this subsection--
(i) $5,000,000 for the first fiscal year
beginning after the date of enactment of this
Act; and
(ii) $5,000,000 for each of the 3 fiscal
years following the fiscal year described in
clause (i).
(B) Limitation on use of other funds.--The
Administrator may carry out the Efficiency Pilot
Program only with amounts appropriated in advance
specifically to carry out this subsection.
(10) Termination.--The authority under this subsection
shall terminate 4 years after the date of disbursement of the
first grant under the Efficiency Pilot Program.
(d) Small Business Telecommuting.--
(1) Pilot program.--
(A) In general.--In accordance with this
subsection, the Administrator shall conduct, in not
more than 5 of the regions of the Administration, a
pilot program to provide information regarding
telecommuting to employers that are small business
concerns and to encourage such employers to offer
telecommuting options to employees (in this subsection
referred to as the ``Telecommuting Pilot Program'').
(B) Special outreach to individuals with
disabilities.--In carrying out the Telecommuting Pilot
Program, the Administrator shall make a concerted
effort to provide information to--
(i) small business concerns owned by or
employing individuals with disabilities,
particularly veterans who are individuals with
disabilities;
(ii) Federal, State, and local agencies
having knowledge and expertise in assisting
individuals with disabilities, including
veterans who are individuals with disabilities;
and
(iii) any group or organization, the
primary purpose of which is to aid individuals
with disabilities or veterans who are
individuals with disabilities.
(C) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(i) produce educational materials and
conduct presentations designed to raise
awareness in the small business community of
the benefits and the ease of telecommuting;
(ii) conduct outreach--
(I) to small business concerns that
are considering offering telecommuting
options; and
(II) as provided in subparagraph
(B); and
(iii) acquire telecommuting technologies
and equipment to be used for demonstration
purposes.
(D) Selection of regions.--In determining which
regions will participate in the Telecommuting Pilot
Program, the Administrator shall give priority
consideration to regions in which Federal agencies and
private-sector employers have demonstrated a strong
regional commitment to telecommuting.
(2) Report to congress.--Not later than 2 years after the
date on which funds are first appropriated to carry out this
subsection, the Administrator shall transmit to the Committee
on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the results of an evaluation of the
Telecommuting Pilot Program and any recommendations regarding
whether the pilot program, with or without modification, should
be extended to include the participation of all regions of the
Administration.
(3) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this subsection.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administration $5,000,000 to carry
out this subsection.
(e) Encouraging Innovation in Energy Efficiency.--Section 9 of the
Small Business Act (15 U.S.C. 638) is amended by adding at the end the
following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying
out its duties under this section to SBIR and STTR
solicitations by Federal agencies, the Administrator shall--
``(A) ensure that such agencies give high priority
to small business concerns that participate in or
conduct energy efficiency or renewable energy system
research and development projects; and
``(B) include in the annual report to Congress
under subsection (b)(7) a determination of whether the
priority described in subparagraph (A) is being carried
out.
``(2) Consultation required.--The Administrator shall
consult with the heads of other Federal agencies and
departments in determining whether priority has been given to
small business concerns that participate in or conduct energy
efficiency or renewable energy system research and development
projects, as required by this section.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection,
issue guidelines and directives to assist Federal agencies in
meeting the requirements of this section.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is
available on a renewable or recurring basis,
including--
``(I) agricultural crops;
``(II) trees grown for energy
production;
``(III) wood waste and wood
residues;
``(IV) plants (including aquatic
plants and grasses);
``(V) residues;
``(VI) fibers;
``(VII) animal wastes and other
waste materials; and
``(VIII) fats, oils, and greases
(including recycled fats, oils, and
greases); and
``(ii) does not include--
``(I) paper that is commonly
recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means
the installation or upgrading of equipment that results
in a significant reduction in energy usage; and
``(C) the term `renewable energy system' means a
system of energy derived from--
``(i) a wind, solar, biomass (including
biodiesel), or geothermal source; or
``(ii) hydrogen derived from biomass or
water using an energy source described in
clause (i).''.
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--
``(A) a State;
``(B) an eligible unit of local government within a
State; and
``(C) an Indian tribe.
``(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--
``(A) a State;
``(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,
Indian tribal, 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 in an environmentally sustainable way that, to
the maximum extent practicable, maximizes benefits for local
and regional communities;
``(2) to reduce the total energy use of the States, Indian
tribes, and units of local government; and
``(3) to improve energy efficiency in the transportation
sector, building sector, and any other appropriate sectors.
``(c) Program.--
``(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, indian tribes, 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) 68 percent to eligible units of local
government;
``(ii) 28 percent to States; and
``(iii) 4 percent to Indian tribes.
``(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.
``(D) Distribution to indian tribes.--
``(i) In general.--The Secretary shall
establish a formula for the distribution of
amounts under subparagraph (A)(iii) to eligible
Indian tribes, taking into account any factors
that the Secretary determines to be
appropriate, including the residential and
daytime population of the eligible Indian
tribes.
``(ii) Criteria.--Amounts shall be
distributed to eligible Indian tribes under
clause (i) only if the eligible Indian tribes
meet the criteria for distribution established
by the Secretary for Indian tribes.
``(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), (C)(ii), or (D)(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), (C)(ii), or
(D)(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.
``(B) Non-federal share.--
``(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,
tribal, 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, Indian tribes, 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, Indian tribe, 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--
``(A) involve--
``(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).
``(d) Awarding of Grants.--
``(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. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING
PROGRAM.
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:
``(d) Energy Efficiency and Renewable Energy Worker Training
Program.--
``(1) Purpose.--It is the purpose of this subsection to--
``(A) create a sustainable, comprehensive public
program that provides quality training that is linked
to jobs that are created through renewable energy and
energy efficiency initiatives;
``(B) satisfy industry demand for a skilled
workforce, to support economic growth, to boost
America's global competitiveness in the expanding
energy efficiency and renewable energy industries, and
to provide economic self-sufficiency and family-
sustaining jobs for America's workers, including low
wage workers, through quality training and placement in
job opportunities in the growing energy efficiency and
renewable energy industries;
``(C) provide grants for the safety, health, and
skills training and education of workers who are, or
may be engaged in, activities related to the energy
efficiency and renewable energy industries; and
``(D) provide funds for national and State
industry-wide research, labor market information and
labor exchange programs, and the development of
nationally and State administered training programs.
``(2) Grant program.--
``(A) In general.--Not later than 6 months after
the date of enactment of this Act, the Secretary of
Labor (referred to in this subsection as the
`Secretary'), in consultation with the Secretary of
Energy, shall establish an energy efficiency and
renewable energy worker training program under which
the Secretary shall carry out the activities described
in paragraph (3) to achieve the purposes of this
subsection.
``(B) Eligibility.--For purposes of providing
assistance and services under the program established
under this subsection--
``(i) target populations of individuals
eligible for training and other services shall
include, but not be limited to--
``(I) veterans, or past and present
members of the reserve components of
the Armed Forces;
``(II) workers affected by national
energy and environmental policy;
``(III) workers displaced by the
impacts of economic globalization;
``(IV) individuals, including at-
risk youth, seeking employment pathways
out of poverty and into economic self-
sufficiency;
``(V) formerly incarcerated,
adjudicated, non-violent offenders; and
``(VI) individuals in need of
updated training related to the energy
efficiency and renewable energy
industries; and
``(ii) energy efficiency and renewable
energy industries eligible for such assistance
and services shall include--
``(I) the energy-efficient
building, construction, and retrofits
industries;
``(II) the renewable electric power
industry;
``(III) the energy efficient and
advanced drive train vehicle industry;
``(IV) the bio-fuels industry; and
``(V) the deconstruction and
materials use industries.
``(3) Activities.--
``(A) National research program.--Under the program
established under paragraph (2), the Secretary, acting
through the Bureau of Labor Statistics, shall provide
assistance to support national research to develop
labor market data and to track future workforce trends
resulting from energy-related initiatives carried out
under this section. Activities carried out under this
paragraph shall include--
``(i) linking research and development in
renewable energy and energy efficiency
technology with the development of standards
and curricula for current and future jobs;
``(ii) the tracking and documentation of
academic and occupational competencies as well
as future skill needs with respect to renewable
energy and energy efficiency technology;
``(iii) tracking and documentation of
occupational information and workforce training
data with respect to renewable energy and
energy efficiency technology;
``(iv) assessing new employment and work
practices including career ladder and upgrade
training as well as high performance work
systems; and
``(v) collaborating with State agencies,
industry, organized labor, and community and
nonprofit organizations to disseminate
successful innovations for labor market
services and worker training with respect to
renewable energy and energy efficiency
technology.
``(B) National energy training partnership
grants.--
``(i) In general.--Under the program
established under paragraph (2), the Secretary
shall award National Energy Training
Partnerships Grants on a competitive basis to
eligible entities to enable such entities to
carry out national training that leads to
economic self-sufficiency and to develop an
energy efficiency and renewable energy
industries workforce. Grants shall be awarded
under this subparagraph so as to ensure
geographic diversity with at least 2 grants
awarded to entities located in each of the 4
Petroleum Administration for Defense Districts
with no subdistricts and at least 1 grant
awarded to an entity located in each of the
subdistricts of the Petroleum Administration
for Defense District with subdistricts.
``(ii) Eligibility.--To be eligible to
receive a grant under clause (i), an entity
shall be a non-profit partnership that--
``(I) includes the equal
participation of industry, including
public or private employers, and labor
organizations, including joint labor-
management training programs, and may
include community-based organizations,
educational institutions, small
businesses, cooperatives, State and
local veterans agencies, and veterans
service organizations; and
``(II) demonstrates--
``(aa) experience in
implementing and operating
worker skills training and
education programs;
``(bb) the ability to
identify and involve in
training programs carried out
under this grant, target
populations of workers who are,
or will be engaged in,
activities related to energy
efficiency and renewable energy
industries; and
``(cc) the ability to help
workers achieve economic self-
sufficiency.
``(iii) Activities.--Activities to be
carried out under a grant under this
subparagraph may include--
``(I) the provision of occupational
skills training, including curriculum
development, on-the-job training, and
classroom training;
``(II) the provision of safety and
health training;
``(III) the provision of basic
skills, literacy, GED, English as a
second language, and job readiness
training;
``(IV) individual referral and
tuition assistance for a community
college training program;
``(V) the provision of customized
training in conjunction with an
existing registered apprenticeship
program or labor-management
partnership;
``(VI) the provision of career
ladder and upgrade training; and
``(VII) the implementation of
transitional jobs strategies.
``(C) State labor market research, information, and
labor exchange research program.--
``(i) In general.--Under the program
established under paragraph (2), the Secretary
shall award competitive grants to States to
enable such States to administer labor market
and labor exchange informational programs that
include the implementation of the activities
described in clause (ii).
``(ii) Activities.--A State shall use
amounts awarded under a grant under this
subparagraph to provide funding to the State
agency that administers the Wagner-Peyser Act
and State unemployment compensation programs to
carry out the following activities using State
agency merit staff:
``(I) The identification of job
openings in the renewable energy and
energy efficiency sector.
``(II) The administration of skill
and aptitude testing and assessment for
workers.
``(III) The counseling, case
management, and referral of qualified
job seekers to openings and training
programs, including energy efficiency
and renewable energy training programs.
``(D) State energy training partnership program.--
``(i) In general.--Under the program
established under paragraph (2), the Secretary
shall award competitive grants to States to
enable such States to administer renewable
energy and energy efficiency workforce
development programs that include the
implementation of the activities described in
clause (ii).
``(ii) Activities.--
``(I) In general.--A State shall
use amounts awarded under a grant under
this subparagraph to award competitive
grants to eligible State Energy Sector
Partnerships to enable such
Partnerships to coordinate with
existing apprenticeship and labor
management training programs and
implement training programs that lead
to the economic self-sufficiency of
trainees.
``(II) Eligibility.--To be eligible
to receive a grant under this
subparagraph, a State Energy Sector
Partnership shall--
``(aa) consist of non-
profit organizations that
include equal participation
from industry, including public
or private nonprofit employers,
and labor organizations,
including joint labor-
management training programs,
and may include representatives
from local governments, worker
investment agency one-stop
career centers, community based
organizations, community
colleges, other post-secondary
institutions, small businesses,
cooperatives, State and local
veterans agencies, and veterans
service organizations;
``(bb) demonstrate
experience in implementing and
operating worker skills
training and education
programs; and
``(cc) demonstrate the
ability to identify and involve
in training programs, target
populations of workers who are,
or will be engaged in,
activities related to energy
efficiency and renewable energy
industries.
``(iii) Priority.--In awarding grants under
this subparagraph, the Secretary shall give
priority to States that demonstrate linkages of
activities under the grant with--
``(I) meeting national energy
policies associated with energy
efficiency, renewable energy, and the
reduction of emissions of greenhouse
gases; and
``(II) meeting State energy
policies associated with energy
efficiency, renewable energy, and the
reduction of emissions of greenhouse
gases.
``(iv) Coordination.--A grantee under this
subparagraph shall coordinate activities
carried out under the grant with existing
apprenticeship and labor management training
programs and implement training programs that
lead to the economic self-sufficiency of
trainees, including providing--
``(I) outreach and recruitment
services, in coordination with the
appropriate State agency;
``(II) occupational skills
training, including curriculum
development, on-the-job training, and
classroom training;
``(III) safety and health training;
``(IV) basic skills, literacy, GED,
English as a second language, and job
readiness training;
``(V) individual referral and
tuition assistance for a community
college training program;
``(VI) customized training in
conjunction with an existing registered
apprenticeship program or labor-
management partnership;
``(VII) career ladder and upgrade
training; and
``(VIII) services under
transitional jobs strategies.
``(4) Worker protections and nondiscrimination
requirements.--
``(A) Application of wia.--The provisions of
sections 181 and 188 of the Workforce Investment Act of
1998 (29 U.S.C. 2931 and 2938) shall apply to all
programs carried out with assistance under this
subsection.
``(B) Consultation with labor organizations.--If a
labor organization represents a substantial number of
workers who are engaged in similar work or training in
an area that is the same as the area that is proposed
to be funded under this subsection, the labor
organization shall be provided an opportunity to be
consulted and to submit comments in regard to such a
proposal.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $100,000,000
for each fiscal year, of which--
``(A) not to exceed 20 percent of the amount
appropriated in each fiscal year shall be made
available for, and shall be equally divided between,
national labor market research and information under
paragraph (3)(A) and State labor market information and
labor exchange research under paragraph (3)(C); and
``(B) the remainder shall be divided equally
between National Energy Partnership Training Grants
under paragraph (3)(B) and State energy training
partnership grants under paragraph (3)(D).
``(6) Definition.--In this subsection, the term `renewable
electric power' has the meaning given the term `renewable
energy' in section 203(b)(2) of the Energy Policy Act of 2005
(Public Law 109-58).''.
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.
SEC. 279. DEFINITION OF STATE.
Section 412 of the Energy Conservation and Production Act (42
U.S.C. 6862) is amended by striking paragraph (8) and inserting the
following:
``(8) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.''.
SEC. 280. COORDINATION OF PLANNED REFINERY OUTAGES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Planned refinery outage.--
(A) In general.--The term ``planned refinery
outage'' means a removal, scheduled before the date on
which the removal occurs, of a refinery, or any unit of
a refinery, from service for maintenance, repair, or
modification.
(B) Exclusion.--The term ``planned refinery
outage'' does not include any necessary and unplanned
removal of a refinery, or any unit of a refinery, from
service as a result of a component failure, safety
hazard, emergency, or action reasonably anticipated to
be necessary to prevent such events.
(3) Refined petroleum product.--The term ``refined
petroleum product'' means any gasoline, diesel fuel, fuel oil,
lubricating oil, liquid petroleum gas, or other petroleum
distillate that is produced through the refining or processing
of crude oil or an oil derived from tar sands, shale, or coal.
(4) Refinery.--The term ``refinery'' means a facility used
in the production of a refined petroleum product through
distillation, cracking, or any other process.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Review and Analysis of Available Information.--The
Administrator shall, on an ongoing basis--
(1) review information on planned refinery outages that is
available from commercial reporting services;
(2) analyze that information to determine whether the
scheduling of a planned refinery outage may nationally or
regionally affect the price or supply of any refined petroleum
product by--
(A) decreasing the production of the refined
petroleum product; and
(B) causing or contributing to a retail or
wholesale supply shortage or disruption;
(3) not less frequently than twice each year, submit to the
Secretary a report describing the results of the review and
analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any planned
refinery outage that the Administrator determines may
nationally or regionally affect the price or supply of a
refined petroleum product.
(c) Action by Secretary.--On a determination by the Secretary,
based on a report or alert under paragraph (3) or (4) of subsection
(b), that a planned refinery outage may affect the price or supply of a
refined petroleum product, the Secretary shall make available to
refinery operators information on planned refinery outages to encourage
reductions of the quantity of refinery capacity that is out of service
at any time.
(d) Limitation.--Nothing in this section shall alter any existing
legal obligation or responsibility of a refinery operator, or create
any legal right of action, nor shall this section authoirze the
Secretary--
(1) to prohibit a refinery operator from conducting a
planned refinery outage; or
(2) to require a refinery operator to continue to operate a
refinery.
SEC. 281. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42
U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and
inserting the following:
``(I)(aa) to remove at least 99
percent of sulfur dioxide; or
``(bb) to emit not more than 0.04
pound SO<INF>2</INF> per million Btu,
based on a 30-day average;''.
SEC. 282. ADMINISTRATION.
Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d)
is amended by adding at the end the following:
``(h) Administration.--
``(1) Personnel appointments.--
``(A) In general.--The Federal Coordinator may
appoint and terminate such personnel as the Federal
Coordinator determines to be appropriate.
``(B) Authority of federal coordinator.--Personnel
appointed by the Federal Coordinator under subparagraph
(A) shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments
in the competitive service.
``(2) Compensation.--
``(A) In general.--Subject to subparagraph (B),
personnel appointed by the Federal Coordinator under
paragraph (1)(A) shall be paid without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code (relating to
classification and General Schedule pay rates).
``(B) Maximum level of compensation.--The rate of
pay for personnel appointed by the Federal Coordinator
under paragraph (1)(A) shall not exceed the maximum
level of rate payable for level III of the Executive
Schedule.
``(C) Applicability of section 5941.--Section 5941
of title 5, United States Code, shall apply to
personnel appointed by the Federal Coordinator under
paragraph (1)(A).
``(3) Temporary services.--
``(A) In general.--The Federal Coordinator may
procure temporary and intermittent services in
accordance with section 3109(b) of title 5, United
States Code.
``(B) Maximum level of compensation.--The level of
compensation of an individual employed on a temporary
or intermittent basis under subparagraph (A) shall not
exceed the maximum level of rate payable for level III
of the Executive Schedule.
``(4) Fees, charges, and commissions.--
``(A) In general.--The Federal Coordinator shall
have the authority to establish, change, and abolish
reasonable filing and service fees, charges, and
commissions, require deposits of payments, and provide
refunds as provided to the Secretary of the Interior in
section 304 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1734), except that the authority
shall be with respect to the duties of the Federal
Coordinator, as delineated in the Alaska Natural Gas
Pipeline Act (15 U.S.C. 720 et seq.), as amended.
``(B) Authority of secretary of the interior.--
Subparagraph (A) shall not affect the authority of the
Secretary of the Interior to establish, change, and
abolish reasonable filing and service fees, charges,
and commissions, require deposits of payments, and
provide refunds under section 304 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1734).
``(C) Use of funds.--The Federal Coordinator is
authorized to use, without further appropriation,
amounts collected under subparagraph (A) to carry out
this section.''.
SEC. 283. OFFSHORE RENEWABLE ENERGY.
(a) Leases, Easements, or Rights-of-Way for Energy and Related
Purposes.--Section 8(p) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)) is amended--
(1) by inserting after ``Secretary of the Department in
which the Coast Guard is operating'' the following: ``, the
Secretary of Commerce,'';
(2) by striking paragraph (3) and inserting the following:
``(3) Competitive or noncompetitive basis.--Any lease,
easement, or right-of-way under paragraph (1) shall be issued
on a competitive basis, unless--
``(A) the lease, easement, or right-of-way relates
to a project that meets the criteria established under
section 388(d) of the Energy Policy Act of 2005 (43
U.S.C. 1337 note; Public Law 109-58);
``(B) the lease, easement, or right-of-way--
``(i) is for the placement and operation of
a meteorological or marine data collection
facility; and
``(ii) has a term of not more than 5 years;
or
``(C) the Secretary determines, after providing
public notice of a proposed lease, easement, or right-
of-way, that no competitive interest exists.''; and
(3) by adding at the end the following:
``(11) Clarification.--
``(A) In general.--Subject to subparagraph (B), the
Federal Energy Regulatory Commission shall not have
authority to approve or license a wave or current
energy project on the outer Continental Shelf under
part I of the Federal Power Act (16 U.S.C. 792 et seq.)
``(B) Transmission of power.--Subparagraph (A)
shall not affect any authority of the Commission with
respect to the transmission of power generated from a
project described in subparagraph (A).''.
(b) Consideration of Certain Requests for Authorization.--In
considering a request for authorization of a project pending before the
Commission on the outer Continental Shelf as of the date of enactment
of this Act, the Secretary of the Interior shall rely, to the maximum
extent practicable, on the materials submitted to the Commission before
that date.
(c) Savings Provision.--Nothing in this section or an amendment
made by this section requires the resubmission of any document that was
previously submitted, or the reauthorization of any action that was
previously authorized, with respect to a project on the outer
Continental Shelf, for which a preliminary permit was issued by the
Commission before the date of enactment of this Act.
Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion
SEC. 291. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.
(a) In General.--In this subtitle, the term ``marine and
hydrokinetic renewable energy'' means electrical energy from--
(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels, including
projects that utilize nonmechanical structures to accelerate
the flow of water for electric power production purposes; and
(4) differentials in ocean temperature (ocean thermal
energy conversion).
(b) Exclusion.--Except as provided in subsection (a)(3), the term
``marine and hydrokinetic renewable energy'' does not include energy
from any source that uses a dam, diversionary structure, or impoundment
for electric power purposes.
SEC. 292. RESEARCH AND DEVELOPMENT.
(a) Program.--The Secretary, in consultation with the Secretary of
Commerce and the Secretary of the Interior, shall establish a program
of marine and hydrokinetic renewable energy research, including--
(1) developing and demonstrating marine and hydrokinetic
renewable energy technologies;
(2) reducing the manufacturing and operation costs of
marine and hydrokinetic renewable energy technologies;
(3) increasing the reliability and survivability of marine
and hydrokinetic renewable energy facilities;
(4) integrating marine and hydrokinetic renewable energy
into electric grids;
(5) identifying opportunities for cross fertilization and
development of economies of scale between offshore wind and
marine and hydrokinetic renewable energy sources;
(6) identifying, in conjunction with the Secretary of
Commerce and the Secretary of the Interior, the potential
environmental impacts of marine and hydrokinetic renewable
energy technologies and measures to minimize or prevent adverse
impacts, and technologies and other means available for
monitoring and determining environmental impacts;
(7) identifying, in conjunction with the Commandant of the
United States Coast Guard, the potential navigational impacts
of marine and hydrokinetic renewable energy technologies and
measures to minimize or prevent adverse impacts;
(8) standards development, demonstration, and technology
transfer for advanced systems engineering and system
integration methods to identify critical interfaces; and
(9) providing public information and opportunity for public
comment concerning all technologies.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Commerce and the Secretary of the Interior, shall provide to the
appropriate committees of Congress a report that addresses--
(1) the potential environmental impacts of hydrokinetic
renewable energy technologies in free-flowing water in rivers,
lakes, and streams;
(2) the means by which to minimize or prevent any adverse
environmental impacts;
(3) the potential role of monitoring and adaptive
management in addressing any adverse environmental impacts; and
(4) the necessary components of such an adaptive management
program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of the fiscal years 2008 through 2017.
SEC. 293. NATIONAL OCEAN ENERGY RESEARCH CENTERS.
(a) In General.--Subject to the availability of appropriations
under subsection (e), the Secretary shall establish not less than 1,
and not more than 6, national ocean energy research centers at
institutions of higher education for the purpose of conducting
research, development, demonstration, and testing of ocean energy
technologies and associated equipment.
(b) Evaluations.--Each Center shall (in consultation with
developers, utilities, and manufacturers) conduct evaluations of
technologies and equipment described in subsection (a).
(c) Location.--In establishing centers under this section, the
Secretary shall locate the centers in coastal regions of the United
State in a manner that, to the maximum extent practicable, is
geographically dispersed.
(d) Coordination.--Prior to carrying out any activity under this
section in waters subject to the jurisdiction of the United States, the
Secretary shall identify, in conjunction with the Secretary of Commerce
and the Secretary of Interior, the potential environmental impacts of
such activity and measures to minimize or prevent adverse impacts.
(e) Authorization of Appropriations.--There are authorized to be
appropriate such sums as are necessary to carry out this section.
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'';
(2) in subsection (a)--
(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'';
(3) in subsection (b)--
(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 and storage of
carbon dioxide;
``(ii) development of new or improved
technologies that reduce the cost and increase
the efficacy of advanced 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;
``(v) research and development of new and
improved technologies for--
``(I) carbon use, including
recycling and reuse of carbon dioxide;
and
``(II) the containment of carbon
dioxide in the form of solid materials
or products derived from a gasification
technology that does not involve
geologic containment or injection; and
``(vi) research and development of new and
improved technologies for oxygen separation
from air.
``(2) 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;
``(vi) deep geologic systems containing
basalt formations; and
``(vii) coal-bed methane recovery.
``(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.
``(3) Large-scale testing and deployment.--
``(A) In general.--The Secretary shall conduct not
less than 7 initial large-volume sequestration tests
involving at least 1,000,000 tons of carbon dioxide per
year for geological containment of carbon dioxide (at
least 1 of which shall be international in scope) to
collect and 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.
``(4) 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.
``(5) 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).
``(6) 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 work done to develop the Carbon Sequestration Atlas
of the United States and Canada that was completed by the
Department of Energy.
(c) Coordination.--
(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.
(f) National Assessment.--
(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--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(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 and the Secretary of the
Interior shall incorporate the results of the
assessment using--
(i) the NatCarb database, to the maximum
extent practicable; or
(ii) a new database developed by the
Secretary of Energy, as the Secretary of Energy
determines to be necessary.
(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;
(B) refine petroleum;
(C) manufacture iron or steel;
(D) manufacture cement or cement clinker;
(E) manufacture commodity chemicals (including from
coal gasification);
(F) manufacture transportation fuels from coal; or
(G) manufacture biofuels.
(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--
(A) carries out the large-scale capture (including
purification and compression) of carbon dioxide;
(B) provides for the cost of transportation and
injection of carbon dioxide; and
(C) incorporates a comprehensive measurement,
monitoring, and validation program.
(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 carbon dioxide by volume 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.
SEC. 305. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS DEMONSTRATION
PROGRAM.
The first section of the Act of March 4, 1911 (2 U.S.C. 2162; 36
Stat. 1414, chapter 285), is amended in the seventh undesignated
paragraph (relating to the Capitol power plant), under the heading
``Public buildings'', under the heading ``Under the Department of the
Interior''--
(1) by striking ``ninety thousand dollars:'' and inserting
``$90,000.''; and
(2) by striking ``Provided, That hereafter the'' and all
that follows through the end of the proviso and inserting the
following:
``(a) Designation.--The heating, lighting, and power plant
constructed under the terms of the Act approved April 28, 1904 (33
Stat. 479, chapter 1762), shall be known as the `Capitol power plant',
and all vacancies occurring in the force operating that plant and the
substations in connection with the plant shall be filled by the
Architect of the Capitol, with the approval of the commission in
control of the House Office Building appointed under the first section
of the Act of March 4, 1907 (2 U.S.C. 2001).
``(b) Capitol Power Plant Carbon Dioxide Emissions Demonstration
Program.--
``(1) Definitions.--In this subsection:
``(A) Administrator.--The term `Administrator'
means the Administrator of the Environmental Protection
Agency.
``(B) Carbon dioxide energy efficiency.--The term
`carbon dioxide energy efficiency', with respect to a
project, means the quantity of electricity used to
power equipment for carbon dioxide capture and storage
or use.
``(C) Program.--The term `program' means the
competitive grant demonstration program established
under paragraph (2)(B).
``(2) Establishment of program.--
``(A) Feasibility study.--Not later than 180 days
after the date of enactment of this section, the
Architect of the Capitol, in cooperation with the
Administrator, shall complete a feasibility study
evaluating the available methods to proceed with the
project and program established under this section,
taking into consideration--
``(i) the availability of carbon capture
technologies;
``(ii) energy conservation and carbon
reduction strategies; and
``(iii) security of operations at the
Capitol power plant.
``(B) Competitive grant program.--The Architect of
the Capitol, in cooperation with the Administrator,
shall establish a competitive grant demonstration
program under which the Architect of the Capitol shall,
subject to the availability of appropriations, provide
to eligible entities, as determined by the Architect of
the Capitol, in cooperation with the Administrator,
grants to carry out projects to demonstrate, during the
2-year period beginning on the date of enactment of
this subsection, the capture and storage or use of
carbon dioxide emitted from the Capitol power plant as
a result of burning coal.
``(3) Requirements.--
``(A) Provision of grants.--
``(i) In general.--The Architect of the
Capitol, in cooperation with the Administrator,
shall provide the grants under the program on a
competitive basis.
``(ii) Factors for consideration.--In
providing grants under the program, the
Architect of the Capitol, in cooperation with
the Administrator, shall take into
consideration--
``(I) the practicability of
conversion by the proposed project of
carbon dioxide into useful products,
such as transportation fuel;
``(II) the carbon dioxide energy
efficiency of the proposed project; and
``(III) whether the proposed
project is able to reduce more than 1
air pollutant regulated under this Act.
``(B) Requirements for entities.--An entity that
receives a grant under the program shall--
``(i) use to carry out the project of the
entity a technology designed to reduce or
eliminate emission of carbon dioxide that is in
existence on the date of enactment of this
subsection that has been used--
``(I) by not less than 3 other
facilities (including a coal-fired
power plant); and
``(II) on a scale of not less than
5 times the size of the proposed
project of the entity at the Capitol
power plant; and
``(ii) carry out the project of the entity
in consultation with, and with the concurrence
of, the Architect of the Capitol and the
Administrator.
``(C) Consistency with capitol power plant
modifications.--The Architect of the Capitol may
require changes to a project under the program that are
necessary to carry out any modifications to be made to
the Capitol power plant.
``(4) Incentive.--In addition to the grant under this
subsection, the Architect of the Capitol may provide to an
entity that receives such a grant an incentive award in an
amount equal to not more than $50,000, of which--
``(A) $15,000 shall be provided after the project
of the entity has sustained operation for a period of
100 days, as determined by the Architect of the
Capitol;
``(B) $15,000 shall be provided after the project
of the entity has sustained operation for a period of
200 days, as determined by the Architect of the
Capitol; and
``(C) $20,000 shall be provided after the project
of the entity has sustained operation for a period of
300 days, as determined by the Architect of the
Capitol.
``(5) Termination.--The program shall terminate on the date
that is 2 years after the date of enactment of this subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $3,000,000.''.
SEC. 306. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND NITROUS
OXIDE EMISSIONS FROM TERRESTRIAL ECOSYSTEMS.
(a) Definitions.--In this section:
(1) Adaptation strategy.--The term ``adaptation strategy''
means a land use and management strategy that can be used to
increase the sequestration capabilities of any terrestrial
ecosystem.
(2) Assessment.--The term ``assessment'' means the national
assessment authorized under subsection (b).
(3) Covered greenhouse gas.--The term ``covered greenhouse
gas'' means carbon dioxide, nitrous oxide, and methane gas.
(4) Native plant species.--The term ``native plant
species'' means any noninvasive, naturally occurring plant
species within a terrestrial ecosystem.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Federal land--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(7) Terrestrial ecosystem.--
(A) In general.--The term ``terrestrial ecosystem''
means any ecological and surficial geological system on
Federal land.
(B) Inclusions.--The term ``terrestrial ecosystem''
includes--
(i) forest land;
(ii) grassland; and
(iii) freshwater aquatic ecosystems.
(b) Authorization of Assessment.--Not later than 2 years after the
date on which the final methodology is published under subsection
(f)(3)(D), the Secretary shall complete a national assessment of--
(1) the quantity of carbon stored in and released from
terrestrial ecosystems; including from man-caused and natural
fires; and
(2) the annual flux of covered greenhouse gases in and out
of terrestrial ecosystems.
(c) Components.--In conducting the assessment under subsection (b),
the Secretary shall--
(1) determine the processes that control the flux of
covered greenhouse gases in and out of each terrestrial
ecosystem;
(2) estimate the technical and economic potential for
increasing carbon sequestration in natural and managed
terrestrial ecosystems through management activities or
restoration activities in each terrestrial ecosystem;
(3) develop near-term and long-term adaptation strategies
or mitigation strategies that can be employed--
(A) to enhance the sequestration of carbon in each
terrestrial ecosystem;
(B) to reduce emissions of covered greenhouse
gases; and
(C) to adapt to climate change; and
(4) estimate annual carbon sequestration capacity of
terrestrial ecosystems under a range of policies in support of
management activities to optimize sequestration.
(d) Use of Native Plant Species.--In developing restoration
activities under subsection (c)(2) and management strategies and
adaptation strategies under subsection (c)(3), the Secretary shall
emphasize the use of native plant species (including mixtures of many
native plant species) for sequestering covered greenhouse gas in each
terrestrial ecosystem.
(e) Consultation.--In conducting the assessment under subsection
(b) and developing the methodology under subsection (f), the Secretary
shall consult with--
(1) the Secretary of Energy;
(2) the Secretary of Agriculture;
(3) the Administrator of the Environmental Protection
Agency;
(4) the heads of other relevant agencies;
(5) consortia based at institutions of higher education and
with research corporations; and
(6) Federal forest and grassland managers.
(f) Methodology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting the assessment.
(2) Requirements.--The methodology developed under
paragraph (1)--
(A) shall--
(i) determine the method for measuring,
monitoring, quantifying, and monetizing covered
greenhouse gas emissions and reductions,
including methods for allocating and managing
offsets or credits; and
(ii) estimate the total capacity of each
terrestrial ecosystem to--
(I) sequester carbon; and
(II) reduce emissions of covered
greenhouse gases; and
(B) may employ economic and other systems models,
analyses, and estimations, to be developed in
consultation with each of the individuals described in
subsection (e).
(3) External review and publication.--On completion of a
proposed methodology, the Secretary shall--
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the
final methodology is published, solicit comments from--
(i) the public; and
(ii) heads of affected Federal and State
agencies;
(C) establish a panel to review the proposed
methodology published under subparagraph (A) and any
comments received under subparagraph (B), to be
composed of members--
(i) with expertise in the matters described
in subsections (c) and (d); and
(ii) that are, as appropriate,
representatives of Federal agencies,
institutions of higher education,
nongovernmental organizations, State
organizations, industry, and international
organizations; and
(D) on completion of the review under subparagraph
(C), publish in the Federal register the revised final
methodology.
(g) Estimate; Review.--The Secretary shall--
(1) based on the assessment, prescribe the data,
information, and analysis needed to establish a scientifically
sound estimate of--
(A) the carbon sequestration capacity of relevant
terrestrial ecosystems;
(B) a national inventory of covered greenhouse gas
sources that is consistent with the inventory prepared
by the Environmental Protection Agency entitled the
``Inventory of U.S. Greenhouse Gas Emissions and Sinks:
1990-2005''; and
(C) the willingness of covered greenhouse gas
emitters to pay to sequester the covered greenhouse
gases emitted by the applicable emitters in designated
terrestrial ecosystems; and
(2) not later than 180 days after the date on which the
assessment is completed, submit to the heads of applicable
Federal agencies and the appropriate committees of Congress a
report that describes the results of the assessment.
(h) Data and Report Availability.--On completion of the assessment,
the Secretary shall incorporate the results of the assessment into a
web-accessible database for public use.
SEC. 307. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.
(a) Establishment of Program.--The Secretary of Commerce shall
establish within the Office of Oceanic and Atmospheric Research of the
National Oceanic and Atmospheric Administration, and shall carry out, a
program of scientific research on abrupt climate change.
(b) Purposes of Program.--The purposes of the program are as
follows:
(1) To develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order to
sufficiently identify and describe past instances of abrupt
climate change.
(2) To improve understanding of thresholds and
nonlinearities in geophysical systems related to the mechanisms
of abrupt climate change.
(3) To incorporate such mechanisms into advanced
geophysical models of climate change.
(4) To test the output of such models against an improved
global array of records of past abrupt climate changes.
(c) Abrupt Climate Change Defined.--In this section, the term
``abrupt climate change'' means a change in the climate that occurs so
rapidly or unexpectedly that human or natural systems have difficulty
adapting to the climate as changed.
(d) Authorization of Appropriations.--Of such sums previously
authorized, there is authorized to be appropriated to the Department of
Commerce for each of fiscal years 2009 through 2014, to remain
available until expended, such sums as are necessary, not to exceed
$10,000,000, to carry out the research program required under this
section.
TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC
BUILDINGS
Subtitle A--Public Buildings Cost Reduction
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``Public Buildings Cost Reduction
Act of 2007''.
SEC. 402. COST-EFFECTIVE AND GEOTHERMAL HEAT PUMP TECHNOLOGY
ACCELERATION PROGRAM.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of General Services.
(b) Establishment.--
(1) In general.--The Administrator shall establish a
program to accelerate the use of more cost-effective
technologies and practices and geothermal heat pumps at GSA
facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the
coordination of cost reduction-related and geothermal
heat pump-related recommendations, practices, and
activities of all relevant Federal agencies;
(B) provide technical assistance and operational
guidance to applicable tenants to achieve the goal
identified in subsection (c)(2)(B)(ii); and
(C) establish methods to track the success of
Federal departments and agencies with respect to that
goal.
(c) Accelerated Use of Technologies.--
(1) Review.--
(A) In general.--As part of the program under this
section, not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct
a review of--
(i) current use of cost-effective lighting
technologies and geothermal heat pumps in GSA
facilities; and
(ii) the availability to managers of GSA
facilities of cost-effective lighting
technologies and geothermal heat pumps.
(B) Requirements.--The review under subparagraph
(A) shall--
(i) examine the use of cost-effective
lighting technologies, geothermal heat pumps,
and other cost-effective technologies and
practices by Federal agencies in GSA
facilities; and
(ii) as prepared in consultation with the
Administrator of the Environmental Protection
Agency, identify cost-effective lighting
technology and geothermal heat pump technology
standards that could be used for all types of
GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this
section, not later than 180 days after the date of
enactment of this Act, the Administrator shall
establish, using available appropriations, a cost-
effective lighting technology and geothermal heat pump
technology acceleration program to achieve maximum
feasible replacement of existing lighting, heating,
cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies in
each GSA facility.
(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,
heating, cooling technologies with cost-
effective lighting technologies and geothermal
heat pump technologies, to the maximum extent
feasible (including at the maximum rate
feasible), at each GSA facility.
(ii) Goal.--The goal of the timetable under
clause (i) shall be to complete, using
available appropriations, maximum feasible
replacement of existing lighting, heating, and
cooling technologies with cost-effective
lighting technologies and geothermal heat pump
technologies by not later than the date that is
5 years after the date of enactment of this
Act.
(d) GSA Facility 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 and geothermal
heat pump technologies 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) with respect to cost-effective technologies and
practices--
(i) 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;
(ii) describes activities required and
carried out to estimate the funds necessary to
achieve the reduction described in clause (i);
(B) includes an estimate of the funds necessary to
carry out this section;
(C) describes the status of the implementation of
cost-effective technologies and practices and
geothermal heat pump technologies and practices at GSA
facilities, including--
(i) the extent to which programs, including
the program established under subsection (b),
are being carried out in accordance with this
subtitle; and
(ii) the status of funding requests and
appropriations for those programs;
(D) identifies within the planning, budgeting, and
construction processes, all types of GSA facility-
related procedures that inhibit new and existing GSA
facilities from implementing cost-effective
technologies or geothermal heat pump technologies;
(E) recommends language for uniform standards for
use by Federal agencies in implementing cost-effective
technologies and practices and geothermal heat pump
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
geothermal heat pump technologies; and
(ii) identifying short- and long-term cost
savings that accrue from the use of cost-
effective technologies and practices and
geothermal heat pump technologies and
practices;
(G)(i) with respect to geothermal heat pump
technologies, achieves substantial operational cost
savings through the application of the technologies;
and
(ii) with respect to cost-effective technologies
and practices, 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).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.
SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM
FOR LOCAL GOVERNMENTS.
(a) Grant Program.--
(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.
(2) Cost sharing.--
(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.
(b) Guidelines.--
(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.
(e) Reports.--
(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.
In this subtitle:
(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--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(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 or geothermal heat pumps,
including a reduction in electricity consumption
relative to consumption by the same customer or at the
same facility in a given year, as defined in guidelines
promulgated by the Administrator pursuant to section
403(b), that achieves cost savings sufficient to pay
the incremental additional costs of using cost-
effective technologies and practices or geothermal heat
pumps by not later than--
(i) for cost-effective technologies and
practices, the date that is 5 years after the
date of installation; and
(ii) for geothermal heat pumps, as soon as
practical after the date of installation of the
applicable geothermal heat pump.
(B) Inclusions.--The term ``operational cost
savings'' includes savings achieved at a facility as a
result of--
(i) the installation or use of cost-
effective technologies and practices; or
(ii) the planting of vegetation that shades
the facility and reduces the heating, cooling,
or lighting needs of the facility.
(C) Exclusion.--The term ``operational cost
savings'' does not include savings from measures that
would likely be adopted in the absence of cost-
effective technology and practices programs, as
determined by the Administrator.
(4) Geothermal heat pump.--The term ``geothermal heat
pump'' means any heating or air conditioning technology that--
(A) uses the ground or ground water as a thermal
energy source to heat, or as a thermal energy sink to
cool, a building; and
(B) meets the requirements of the Energy Star
program of the Environmental Protection Agency
applicable to geothermal heat pumps on the date of
purchase of the technology.
(5) GSA facility.--
(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)).
Subtitle B--Installation of Photovoltaic System at Department of Energy
Headquarters Building
SEC. 411. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT OF ENERGY
HEADQUARTERS BUILDING.
(a) In General.--The Administrator of General Services shall
install a photovoltaic system, as set forth in the Sun Wall Design
Project, for the headquarters building of the Department of Energy
located at 1000 Independence Avenue, Southwest, Washington, D.C.,
commonly known as the Forrestal Building.
(b) Funding.--There shall be available from the Federal Buildings
Fund established by section 592 of title 40, United States Code,
$30,000,000 to carry out this section. Such sums shall be derived from
the unobligated balance of amounts made available from the Fund for
fiscal year 2007, and prior fiscal years, for repairs and alterations
and other activities (excluding amounts made available for the energy
program). Such sums shall remain available until expended.
(c) Obligation of Funds.--None of the funds made available pursuant
to subsection (b) may be obligated prior to September 30, 2007.
Subtitle C--High-Performance Green Buildings
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ``High-Performance Green
Buildings Act of 2007''.
SEC. 422. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) high-performance green buildings--
(A) reduce energy, water, and material resource use
and the generation of waste;
(B) improve indoor environmental quality, and
protect indoor air quality by, for example, using
materials that emit fewer or no toxic chemicals into
the indoor air;
(C) improve thermal comfort;
(D) improve lighting and the acoustic environment;
(E) improve the health and productivity of
individuals who live and work in the buildings;
(F) improve indoor and outdoor impacts of the
buildings on human health and the environment;
(G) increase the use of environmentally preferable
products, including biobased, recycled, and nontoxic
products with lower lifecycle impacts; and
(H) increase opportunities for reuse of materials
and for recycling;
(2) during the planning, design, and construction of a
high-performance green building, the environmental and energy
impacts of building location and site design, the minimization
of energy and materials use, and the environmental impacts of
the building are considered;
(3) according to the United States Green Building Council,
certified green buildings, as compared to conventional
buildings--
(A) use an average of 36 percent less total energy
(and in some cases up to 50 to 70 percent less total
energy);
(B) use 30 percent less water; and
(C) reduce waste costs, often by 50 to 90 percent;
(4) the benefits of high-performance green buildings are
important, because in the United States, buildings are
responsible for approximately--
(A) 39 percent of primary energy use;
(B) 12 percent of potable water use;
(C) 136,000,000 tons of building-related
construction and demolition debris;
(D) 70 percent of United States resource
consumption; and
(E) 70 percent of electricity consumption;
(5) green building certification programs can be highly
beneficial by disseminating up-to-date information and
expertise regarding high-performance green buildings, and by
providing third-party verification of green building design,
practices, and materials, and other aspects of buildings; and
(6) a July 2006 study completed for the General Services
Administration, entitled ``Sustainable Building Rating Systems
Summary,'' concluded that--
(A) green building standards are an important means
to encourage better practices;
(B) the Leadership in Energy and Environmental
Design (LEED) standard for green building certification
is ``currently the dominant system in the United States
market and is being adapted to multiple markets
worldwide''; and
(C) there are other useful green building
certification or rating programs in various stages of
development and adoption, including the Green Globes
program and other rating systems.
(b) Purposes.--The purposes of this subtitle are--
(1) to encourage the Federal Government to act as an
example for State and local governments, the private sector,
and individuals by building high-performance green buildings
that reduce energy use and environmental impacts;
(2) to establish an Office within the General Services
Administration, and a Green Building Advisory Committee, to
advance the goals of conducting research and development and
public outreach, and to move the Federal Government toward
construction of high-performance green buildings;
(3) to encourage States, local governments, and school
systems to site, build, renovate, and operate high-performance
green schools through the adoption of voluntary guidelines for
those schools, the dissemination of grants, and the adoption of
environmental health plans and programs;
(4) to strengthen Federal leadership on high-performance
green buildings through the adoption of incentives for high-
performance green buildings, and improved green procurement by
Federal agencies; and
(5) to demonstrate that high-performance green buildings
can and do provide significant benefits, in order to encourage
wider adoption of green building practices, through the
adoption of demonstration projects.
SEC. 423. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Committee.--The term ``Committee'' means the Green
Building Advisory Committee established under section 433(a).
(3) Director.--The term ``Director'' means the individual
appointed to the position established under section 431(a).
(4) Federal facility.--
(A) In general.--The term ``Federal facility''
means any building or facility the intended use of
which requires the building or facility to be--
(i) accessible to the public; and
(ii) constructed or altered by or on behalf
of the United States.
(B) Exclusions.--The term ``Federal facility'' does
not include a privately-owned residential or commercial
structure that is not leased by the Federal Government.
(5) High-performance green building.--The term ``high-
performance green building'' means a building--
(A) that, during its life-cycle--
(i) reduces energy, water, and material
resource use and the generation of waste;
(ii) improves indoor environmental quality,
including protecting indoor air quality during
construction, using low-emitting materials,
improving thermal comfort, and improving
lighting and acoustic environments that affect
occupant health and productivity;
(iii) improves indoor and outdoor impacts
of the building on human health and the
environment;
(iv) increases the use of environmentally
preferable products, including biobased,
recycled content, and nontoxic products with
lower life-cycle impacts;
(v) increases reuse and recycling
opportunities; and
(vi) integrates systems in the building;
and
(B) for which, during its planning, design, and
construction, the environmental and energy impacts of
building location and site design are considered.
(6) Life cycle.--The term ``life cycle'', with respect to a
high-performance green building, means all stages of the useful
life of the building (including components, equipment, systems,
and controls of the building) beginning at conception of a
green building project and continuing through site selection,
design, construction, landscaping, commissioning, operation,
maintenance, renovation, deconstruction or demolition, removal,
and recycling of the green building.
(7) Life-cycle assessment.--The term ``life-cycle
assessment'' means a comprehensive system approach for
measuring the environmental performance of a product or service
over the life of the product or service, beginning at raw
materials acquisition and continuing through manufacturing,
transportation, installation, use, reuse, and end-of-life waste
management.
(8) Life-cycle costing.--The term ``life-cycle costing'',
with respect to a high-performance green building, means a
technique of economic evaluation that--
(A) sums, over a given study period, the costs of
initial investment (less resale value), replacements,
operations (including energy use), and maintenance and
repair of an investment decision; and
(B) is expressed--
(i) in present value terms, in the case of
a study period equivalent to the longest useful
life of the building, determined by taking into
consideration the typical life of such a
building in the area in which the building is
to be located; or
(ii) in annual value terms, in the case of
any other study period.
(9) Office.--The term ``Office'' means the Office of High-
Performance Green Buildings established under section 432(a).
PART I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS
SEC. 431. OVERSIGHT.
(a) In General.--The Administrator shall establish within the
General Services Administration, and appoint an individual to serve as
Director in, a position in the career-reserved Senior Executive
service, to--
(1) establish and manage the Office in accordance with
section 432; and
(2) carry out other duties as required under this subtitle.
(b) Compensation.--The compensation of the Director shall not
exceed the maximum rate of basic pay for the Senior Executive Service
under section 5382 of title 5, United States Code, including any
applicable locality-based comparability payment that may be authorized
under section 5304(h)(2)(C) of that title.
SEC. 432. OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Establishment.--The Director shall establish within the General
Services Administration an Office of High-Performance Green Buildings.
(b) Duties.--The Director shall--
(1) ensure full coordination of high-performance green
building information and activities within the General Services
Administration and all relevant Federal agencies, including, at
a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental
Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense; and
(G) such other Federal agencies as the Director
considers to be appropriate;
(2) establish a senior-level green building advisory
committee, which shall provide advice and recommendations in
accordance with section 433;
(3) identify and biennially reassess improved or higher
rating standards recommended by the Committee;
(4) establish a national high-performance green building
clearinghouse in accordance with section 434, which shall
provide green building information through--
(A) outreach;
(B) education; and
(C) the provision of technical assistance;
(5) ensure full coordination of research and development
information relating to high-performance green building
initiatives under section 435;
(6) identify and develop green building standards that
could be used for all types of Federal facilities in accordance
with section 435;
(7) establish green practices that can be used throughout
the life of a Federal facility;
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to
Congress, in accordance with section 436; and
(9) complete and submit the report described in subsection
(c).
(c) Report.--Not later than 2 years after the date of enactment of
this Act, and biennially thereafter, the Director shall submit to
Congress a report that--
(1) describes the status of the green building initiatives
under this subtitle and other Federal programs in effect as of
the date of the report, including--
(A) the extent to which the programs are being
carried out in accordance with this subtitle; and
(B) the status of funding requests and
appropriations for those programs;
(2) identifies within the planning, budgeting, and
construction process all types of Federal facility procedures
that inhibit new and existing Federal facilities from becoming
high-performance green buildings, as measured by the standard
for high-performance green buildings identified in accordance
with subsection (d);
(3) identifies inconsistencies, as reported to the
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by
Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(A) restructuring of budgets to require the use of
complete energy- and environmental-cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating
productivity and health measures (as those measures can
be quantified by the Office, with the assistance of
universities and national laboratories);
(C) permitting Federal agencies to retain all
identified savings accrued as a result of the use of
life cycle costing; and
(D) identifying short- and long-term cost savings
that accrue from high-performance green buildings,
including those relating to health and productivity;
(6) identifies green, self-sustaining technologies to
address the operational needs of Federal facilities in times of
national security emergencies, natural disasters, or other dire
emergencies;
(7) summarizes and highlights development, at the State and
local level, of green building initiatives, including Executive
orders, policies, or laws adopted promoting green building
(including the status of implementation of those initiatives);
and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan for
implementation of each recommendation, described in paragraphs
(1) through (6).
(d) Identification of Standard.--
(1) In general.--For the purpose of subsection (c)(2), not
later than 60 days after the date of enactment of this Act, the
Director shall identify a standard that the Director determines
to be the most likely to encourage a comprehensive and
environmentally-sound approach to certification of green
buildings.
(2) Basis.--The standard identified under paragraph (1)
shall be based on--
(A) a biennial study, which shall be carried out by
the Director to compare and evaluate standards;
(B) the ability and availability of assessors and
auditors to independently verify the criteria and
measurement of metrics at the scale necessary to
implement this subtitle;
(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standard to be developed and
revised through a consensus-based process;
(E) an evaluation of the adequacy of the standard,
which shall give credit for--
(i) efficient and sustainable use of water,
energy, and other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality
through enhanced indoor air quality, thermal
comfort, acoustics, day lighting, pollutant
source control, and use of low-emission
materials and building system controls; and
(iv) such other criteria as the Director
determines to be appropriate; and
(F) national recognition within the building
industry.
(3) Biennial review.--The Director shall--
(A) conduct a biennial review of the standard
identified under paragraph (1); and
(B) include the results of each biennial review in
the report required to be submitted under subsection
(c).
(e) Implementation.--The Office shall carry out each plan for
implementation of recommendations under subsection (c)(7).
SEC. 433. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Director shall establish an advisory
committee, to be known as the ``Green Building Advisory Committee''.
(b) Membership.--
(1) In general.--The Committee shall be composed of
representatives of, at a minimum--
(A) each agency referred to in section 432(b)(1);
and
(B) other relevant agencies and entities, as
determined by the Director, including at least 1
representative of each of--
(i) State and local governmental green
building programs;
(ii) independent green building
associations or councils;
(iii) building experts, including
architects, material suppliers, and
construction contractors;
(iv) security advisors focusing on national
security needs, natural disasters, and other
dire emergency situations; and
(v) environmental health experts, including
those with experience in children's health.
(2) Non-federal members.--The total number of non-Federal
members on the Committee at any time shall not exceed 15.
(c) Meetings.--The Director shall establish a regular schedule of
meetings for the Committee.
(d) Duties.--The Committee shall provide advice and expertise for
use by the Director in carrying out the duties under this subtitle,
including such recommendations relating to Federal activities carried
out under sections 434 through 436 as are agreed to by a majority of
the members of the Committee.
(e) FACA Exemption.--The Committee shall not be subject to section
14 of the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 434. PUBLIC OUTREACH.
The Director, in coordination with the Committee, shall carry out
public outreach to inform individuals and entities of the information
and services available Government-wide by--
(1) establishing and maintaining a national high-
performance green building clearinghouse, including on the
Internet, that--
(A) identifies existing similar efforts and
coordinates activities of common interest; and
(B) provides information relating to high-
performance green buildings, including hyperlinks to
Internet sites that describe related activities,
information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including
nongovernmental and nonprofit entities and
organizations); and
(iv) other relevant organizations,
including those from other countries;
(2) identifying and recommending educational resources for
implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance on using tools
and resources to make more cost-effective, energy-efficient,
health-protective, and environmentally beneficial decisions for
constructing high-performance green buildings, including tools
available to conduct life-cycle costing and life-cycle
assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings; and
(6) using such other methods as are determined by the
Director to be appropriate.
SEC. 435. RESEARCH AND DEVELOPMENT.
(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1)(A) survey existing research and studies relating to
high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building
research plan that--
(A) identifies information and research needs,
including the relationships between human health,
occupant productivity, and each of--
(i) emissions from materials and products
in the building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control
choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest
control activities;
(vii) acoustics; and
(viii) other issues relating to the health,
comfort, productivity, and performance of
occupants of the building; and
(B) promotes the development and dissemination of
high-performance green building measurement tools that,
at a minimum, may be used--
(i) to monitor and assess the life-cycle
performance of facilities (including
demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments;
(3) assist the budget and life-cycle costing functions of
the Office under section 436;
(4) study and identify potential benefits of green
buildings relating to security, natural disaster, and emergency
needs of the Federal Government; and
(5) support other research initiatives determined by the
Office.
(b) Indoor Air Quality.--The Director, in consultation with the
Committee, shall develop and carry out a comprehensive indoor air
quality program for all Federal facilities to ensure the safety of
Federal workers and facility occupants--
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.
SEC. 436. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.
(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-
performance green buildings, including the identification of
barriers to green building life-cycle costing and budgetary
issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal
agencies and budget examiners to apply life-cycle cost criteria
to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking;
and
(4) explore the feasibility of incorporating the benefits
of green buildings, such as security benefits, into a cost-
budget analysis to aid in life-cycle costing for budget and
decision making processes.
SEC. 437. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part
$4,000,000 for each of fiscal years 2008 through 2012, to remain
available until expended.
PART II--HEALTHY HIGH-PERFORMANCE SCHOOLS
SEC. 441. DEFINITION OF HIGH-PERFORMANCE SCHOOL.
In this part, the term ``high-performance school'' has the meaning
given the term ``healthy, high-performance school building'' in section
5586 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7277e).
SEC. 442. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
The Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Education, may provide grants to
qualified State agencies for use in--
(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for
Schools Program and the Healthy School Environmental Assessment
Tool) to schools for use in addressing environmental issues;
and
(2) development of State school environmental quality plans
that include--
(A) standards for school building design,
construction, and renovation; and
(B) identification of ongoing school building
environmental problems in the State and recommended
solutions to address those problems, including
assessment of information on the exposure of children
to environmental hazards in school facilities.
SEC. 443. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
The Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Education and the Secretary of
Health and Human Services, shall develop voluntary school site
selection guidelines that account for--
(1) the special vulnerability of children to hazardous
substances or pollution exposures in any case in which the
potential for contamination at a potential school site exists;
(2) modes of transportation available to students and
staff;
(3) the efficient use of energy; and
(4) the potential use of a school at the site as an
emergency shelter.
SEC. 444. PUBLIC OUTREACH.
(a) In General.--The Administrator of the Environmental Protection
Agency shall provide to the Director information relating to all
activities carried out under this part, which the Director shall
include in the report described in section 432(c).
(b) Public Outreach.--The Director shall ensure, to the maximum
extent practicable, that the public clearinghouse established under
section 434 receives and makes available information on the exposure of
children to environmental hazards in school facilities, as provided by
the Administrator of the Environmental Protection Agency.
SEC. 445. ENVIRONMENTAL HEALTH PROGRAM.
(a) In General.--The Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Education, the Secretary
of Health and Human Services, and other relevant agencies, shall issue
voluntary guidelines for use by the State in developing and
implementing an environmental health program for schools that--
(1) takes into account the status and findings of Federal
research initiatives established under this subtitle and other
relevant Federal law with respect to school facilities,
including relevant updates on trends in the field, such as the
impact of school facility environments on student and staff--
(A) health, safety, and productivity; and
(B) disabilities or special needs;
(2) provides research using relevant tools identified or
developed in accordance with section 435(a) to quantify the
relationships between--
(A) human health, occupant productivity, and
student performance; and
(B) with respect to school facilities, each of--
(i) pollutant emissions from materials and
products;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating and cooling choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest
control activities;
(vii) acoustics; and
(viii) other issues relating to the health,
comfort, productivity, and performance of
occupants of the school facilities;
(3) provides technical assistance on siting, design,
management, and operation of school facilities, including
facilities used by students with disabilities or special needs;
(4) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
(5) assists States and the public in better understanding
and improving the environmental health of children; and
(6) provides to the Office a biennial report of all
activities carried out under this part, which the Director
shall include in the report described in section 432(c).
(b) Public Outreach.--The Director shall ensure, to the maximum
extent practicable, that the public clearinghouse established under
section 434 receives and makes available--
(1) information from the Administrator of the Environmental
Protection Agency that is contained in the report described in
subsection (a)(6); and
(2) information on the exposure of children to
environmental hazards in school facilities, as provided by the
Administrator of the Environmental Protection Agency.
SEC. 446. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part
$10,000,000 for the period of fiscal years 2008 through 2012, to remain
available until expended.
PART III--STRENGTHENING FEDERAL LEADERSHIP
SEC. 451. INCENTIVES.
As soon as practicable after the date of enactment of this Act, the
Director shall identify incentives to encourage the use of green
buildings and related technology in the operations of the Federal
Government, including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies.
SEC. 452. FEDERAL PROCUREMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Director of the Office of Federal Procurement Policy,
in consultation with the Director and the Under Secretary of Defense
for Acquisition, Technology, and Logistics, shall promulgate revisions
of the applicable acquisition regulations, to take effect as of the
date of promulgation of the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major
renovation) of any facility, to the maximum extent
practicable--
(A) to employ integrated design principles;
(B) to optimize building and systems energy
performance;
(C) to protect and conserve water;
(D) to enhance indoor environmental quality; and
(E) to reduce environmental impacts of materials
and waste flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that, to the maximum extent practicable--
(A) are energy-efficient; and
(B) have applied contemporary high-performance and
sustainable design principles during construction or
renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a), the
Director shall issue guidance to all Federal procurement executives
providing direction and the option to renegotiate the design of
proposed facilities, renovations for existing facilities, and leased
facilities to incorporate improvements that are consistent with this
section.
SEC. 453. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General.--Not later than October 31 of each of the 2 fiscal
years following the fiscal year in which this Act is enacted, and at
such times thereafter as the Comptroller General of the United States
determines to be appropriate, the Comptroller General of the United
States shall, with respect to the fiscal years that have passed since
the preceding report--
(1) conduct an audit of the implementation of this
subtitle; and
(2) submit to the Office, the Committee, the Administrator,
and Congress a report describing the results of the audit.
(b) Contents.--An audit under subsection (a) shall include a
review, with respect to the period covered by the report under
subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues,
using best practices identified by the Comptroller General of
the United States and heads of other agencies in accordance
with section 436;
(2) the level of coordination among the Office, the Office
of Management and Budget, and relevant agencies;
(3) the performance of the Office in carrying out the
implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the
United States determines to be appropriate.
(c) Environmental Stewardship Scorecard.--The Director shall
consult with the Committee to enhance, and assist in the implementation
of, the Environmental Stewardship Scorecard announced at the White
House summit on Federal sustainable buildings in January 2006, to
measure the implementation by each Federal agency of sustainable design
and green building initiatives.
SEC. 454. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL DEVELOPMENT
PROJECTS.
The sponsor of any development or redevelopment project involving a
Federal facility with a footprint that exceeds 5,000 square feet shall
use site planning, design, construction, and maintenance strategies for
the property to maintain, to the maximum extent technically feasible,
the predevelopment hydrology of the property with regard to the
temperature, rate, volume, and duration of flow.
PART IV--DEMONSTRATION PROJECT
SEC. 461. COORDINATION OF GOALS.
(a) In General.--The Director shall establish guidelines to
implement a demonstration project to contribute to the research goals
of the Office.
(b) Projects.--
(1) In general.--In accordance with guidelines established
by the Director under subsection (a) and the duties of the
Director described in part I, the Director shall carry out 3
demonstration projects.
(2) Location of projects.--Each project carried out under
paragraph (1) shall be located in a Federal building in a State
recommended by the Director in accordance with subsection (c).
(3) Requirements.--Each project carried out under paragraph
(1) shall--
(A) provide for the evaluation of the information
obtained through the conduct of projects and activities
under this subtitle; and
(B) achieve the highest available rating under the
standard identified pursuant to section 432(d).
(c) Criteria.--With respect to the existing or proposed Federal
facility at which a demonstration project under this section is
conducted, the Federal facility shall--
(1) be an appropriate model for a project relating to--
(A) the effectiveness of high-performance
technologies;
(B) analysis of materials, components, and systems,
including the impact on the health of building
occupants;
(C) life-cycle costing and life-cycle assessment of
building materials and systems; and
(D) location and design that promote access to the
Federal facility through walking, biking, and mass
transit; and
(2) possess sufficient technological and organizational
adaptability.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter through September 30, 2013, the
Director shall submit to the Administrator a report that describes the
status of and findings regarding the demonstration project.
SEC. 462. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the Federal
demonstration project described in section 461(b) $10,000,000 for the
period of fiscal years 2008 through 2012, to remain available until
expended.
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 AND CERTAIN
OTHER VEHICLES.
(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 ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by manufacturers in
each model year beginning with model year 2011 in
accordance with subsection (c); and
``(B) commercial medium-duty or heavy-duty on-
highway vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model
years 2011 through 2020.--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 average 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 the maximum feasible average
fuel economy standard for the fleet.
``(C) Progress toward standard required.--In
prescribing average fuel economy standards under
subparagraph (A), the Secretary shall prescribe annual
fuel economy standard increases that increase the
applicable average fuel economy standard ratably
beginning with model year 2011 and ending with model
year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and Heavy-Duty
On-Highway Vehicles.--Section 32902 of title 49, United States Code, is
amended by adding at the end thereof the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of
Transportation, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and
methodologies for measuring commercial medium- and
heavy-duty on-highway vehicle fuel efficiency;
``(B) the appropriate metric for measuring and
expressing commercial medium- and heavy-duty on-highway
vehicle fuel efficiency performance, taking into
consideration, among other things, the work performed
by such on-highway vehicles and types of operations in
which they are used;
``(C) the range of factors, including, without
limitation, design, functionality, use, duty cycle,
infrastructure, and total overall energy consumption
and operating costs that effect commercial medium- and
heavy-duty on-highway vehicle fuel efficiency; and
``(D) such other factors and conditions that could
have an impact on a program to improve commercial
medium- and heavy-duty on-highway vehicle fuel
efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, by regulation, shall
determine in a rulemaking procedure how to implement a
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency improvement program designed to achieve the maximum
feasible improvement, and shall adopt appropriate test methods,
measurement metrics, fuel economy standards, and compliance and
enforcement protocols that are appropriate, cost-effective, and
technologically feasible for commercial medium- and heavy-duty
on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-time
and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium- and
heavy-duty on-highway vehicle' means an on-highway vehicle with
a gross vehicle weight rating of more than 8,500 pounds, and
that, in the case of a vehicle with a gross vehicle weight
rating of less than 10,000 pounds, is not an automobile.''.
(c) Authority of Secretary.--Section 32902 of title 49, United
States Code, as amended by subsection (b), is further amended by adding
at the end thereof the following:
``(l) Authority of the Secretary.--
``(1) Vehicle attributes; model years covered.--The
Secretary shall--
``(A) prescribe by regulation average fuel economy
standards for automobiles based on vehicle attributes
related to fuel economy and to express the standards in
the form of a mathematical function; and
``(B) 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.--Notwithstanding subsections
(a) and (b), the Secretary of Transportation--
``(1) may prescribe a standard higher than that required
under subsection (b); or
``(2) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear and
convincing evidence, that the average fuel economy standard
prescribed in accordance with subsections (a) and (b) for
automobiles in that model year is shown not to be cost-
effective.''.
(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 manufactured or sold
in the United States;
``(C) is not less than the standard for that class
of vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of such
standard. In determining cost-effectiveness, the Secretary
shall give priority to those technologies and packages of
technologies that offer the largest reduction in fuel use
relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the analysis
the following factors:
``(A) Economic security.
``(B) 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.
``(C) 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.
``(D) The uninternalized costs of pipeline and
storage oil seepage, and for risk of oil spills from
production, handling, and transport, and related
landscape damage.
``(E) 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.
``(F) Such additional factors as the Secretary
deems relevant.
``(5) 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 greater of--
``(A) the average value of gasoline prices
projected by the Energy Information Administration over
the period covered by the standard; or
``(B) the average value of gasoline prices for the
5-year period immediately preceding the year in which
the standard is established.''.
(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 30 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) Alternative Fuel Economy Standards for Low Volume Manufacturers
and New Entrants.--Section 32902(d) of title 49, United States Code, is
amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe an
alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under
subsection (a), (b), or (c) is more stringent than the
maximum feasible average fuel economy level that
manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum
feasible average fuel economy level that manufacturer
can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average fuel
economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the
alternative average fuel economy standard;
``(B) all automobiles to which this subsection
applies; or
``(C) classes of automobiles manufactured by
eligible manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be exempted
as a manufacturer under paragraph (1) for an automobile that
the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor
vehicle safety standards prescribed under chapter 301
for an individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in whole or in part by another
manufacturer that sold greater than 0.5 percent of the
number of automobiles sold in the United States in the
model year prior to the model year to which the
application relates;
``(B) sold in the United States fewer than 0.4
percent of the number of automobiles sold in the United
States in the model year that is 2 years before the
model year to which the application relates; and
``(C) will sell in the United States fewer than 0.4
percent of the automobiles sold in the United States
for the model year for which the alternative average
fuel economy standard will apply.
``(6) Limitation.--For purposes of this subsection,
notwithstanding section 32901(a)(4), the term `automobile
manufactured by a manufacturer' includes every automobile
manufactuered by a person that controls, is controlled by, or
is under common control with the manufacturer.
(f) 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 and rated at not more than
10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more
manufacturers in different stages and less than 10,000
of which are manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds
gross vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as
defined in section 86.1803-01 of title 40, Code of
Federal Regulations).''.
(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 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.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. Vehicle compatibility standard
``(a) Standards.--The Secretary of Transportation shall issue a
motor vehicle safety standard to reduce automobile incompatibility. 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.''.
(b) 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, 2012; and
(B) a final rule under such section not later than
December 31, 2014.
(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, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter 301 is
amended by inserting after the item relating to section 30128 the
following:
``30129. Vehicle compatibility 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 subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) 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 such that the total oil
savings associated with manufacturers that exceed the prescribed
standards are preserved when transferring credits to manufacturers that
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.
``(5) Fuelstar Program.--
``(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 and medium-duty
and heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty
truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of title
49, United States Code, as amended by this 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. 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 Energy, in consultation with 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
automobile 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. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING
PROCEDURES.
Beginning in December, 2009, and not less often than every 5 years
thereafter, the Administrator of the Environmental Protection Agency,
in consultation with the Secretary of Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 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. 513. 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
``(a) Rulemaking.--
``(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 following:
``30123A. Tire fuel efficiency consumer information''.
SEC. 514. ADVANCED BATTERY INITIATIVE.
(a) In General.--The Secretary of Energy, in consultation with 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.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance
participants;
(B) small businesses;
(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 and battery systems needs relevant to--
(i) electric drive technology; and
(ii) other applications the Secretary deems
appropriate;
(B) an assessment of the progress of research
activities of the Initiative; and
(C) assistance in annually updating advanced
battery technology and battery systems 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. 515. BIODIESEL STANDARDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of Transportation
and the Secretary of Energy, shall promulgate regulations to ensure
that all diesel-equivalent fuels derived from renewable biomass that
are introduced into interstate commerce are tested and certified to
comply with appropriate American Society for Testing and Materials
standards.
(b) Definitions.--In this section:
(1) Biodiesel.--
(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. 516. 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 517(a) of the Ten-
in-Ten Fuel Economy Act.''.
SEC. 517. 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).
(2) 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.
(3) 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).
(b) Alternative Fuels Grant Program.--
(1) In general.--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).
(2) Eligibility.--
(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.
(B) Exceptions.--
(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).
(3) Maximum amount.--
(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.
(4) Use of funds.--
(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.
SEC. 519. APPLICATION WITH CLEAN AIR ACT.
Nothing in this title shall be construed to conflict with the
authority provided by sections 202 and 209 of the Clean Air Act (42
U.S.C. 7521 and 7543, respectively).
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) In General.--The Secretary of Transportation shall, establish
and implement an action plan which takes into consideration the
availability and cost effectiveness of alternative fuels, which will
ensure that, beginning with model year 2015, the percentage of new
automobiles for sale in the United States that are alternative fuel
automobiles is not less than 50 percent.
(b) Definitions.--In this section:
(1) Alternative fuel automobile.--The term ``alternative
fuel automobile'' means the following but not limited to--
(A) a new advanced lean burn technology motor
vehicle (as defined in section 30B(c)(3) of the
Internal Revenue Code of 1986) that achieves at least
125 percent of the model year 2002 city fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as
defined in section 30B(e)(4) of such Code).
(E) a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine
automobile; and
(I) any other automobile that uses substantially
new technology and achieves at least 175 percent of the
model year 2002 city fuel economy, as determined by the
Secretary of Transportation, by regulation.
(2) Other terms.--Any term used in this section that is
defined in section 32901 of title 49, United States Code, has
the meaning given that term in that section.
SEC. 521. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-
PRODUCED RENEWABLE FUEL BY RAILROADS AND OTHER MODES OF
TRANSPORTATION.
(a) Study.--
(1) In general.--The Secretary of Transportation and the
Secretary of Energy shall jointly conduct a study of the
adequacy of transportation of domestically-produced renewable
fuels by railroad and other modes of transportation as
designated by the Secretaries.
(2) Components.--In conducting the study under paragraph
(1), the Secretaries shall--
(A) consider the adequacy of existing railroad and
other transportation infrastructure, equipment, service
and capacity to move the necessary quantities of
domestically-produced renewable fuel within the
timeframes required by section 111;
(B)(i) consider the projected costs of moving the
domestically-produced renewable fuel by railroad and
other modes transportation; and
(ii) consider the impact of the projected costs on
the marketability of the domestically-produced
renewable fuel;
(C) identify current and potential impediments to
the reliable transportation of adequate supplies of
domestically-produced renewable fuel at reasonable
prices, including practices currently utilized by
domestic producers, shippers, and receivers of
renewable fuels;
(D) consider whether inadequate competition exists
within and between modes of transportation for the
transportation of domestically-produced renewable fuel
and, if such inadequate competition exists, whether
such inadequate competition leads to an unfair price
for the transportation of domestically-produced
renewable fuel or unacceptable service for
transportation of domestically-produced renewable fuel;
(E) consider whether Federal agencies have adequate
legal authority to address instances of inadequate
competition when inadequate competition is found to
prevent domestic producers for renewable fuels from
obtaining a fair and reasonable transportation price or
acceptable service for the transportation of
domestically-produced renewable fuels;
(F) consider whether Federal agencies have adequate
legal authority to address railroad and transportation
service problems that may be resulting in inadequate
supplies of domestically-produced renewable fuel in any
area of the United States;
(G) consider what transportation infrastructure
capital expenditures may be necessary to ensure the
reliable transportation of adequate supplies of
domestically-produced renewable fuel at reasonable
prices within the United States and which public and
private entities should be responsible for making such
expenditures; and
(K) provide recommendations on ways to facilitate
the reliable transportation of adequate supplies of
domestically-produced renewable fuel at reasonable
prices.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall jointly submit to the Committee on
Commerce, Science and Transportation, the Committee on Energy and
Natural Resources, and the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of Representatives a
report that describes the results of the study conducted under
subsection (a).
TITLE VI--PRICE GOUGING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Petroleum Consumer Price Gouging
Protection Act''.
SEC. 602. DEFINITIONS.
In this title:
(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 an average price
charged during an energy emergency declared by the President in
an area and for a product subject to the declaration, that--
(A)(i)(I) constitutes a gross disparity from the
average price at which it was offered for sale in the
usual course of the supplier's business during the 30
days prior to the President's declaration of an energy
emergency; and
(II) grossly exceeds the prices at which the same
or similar crude oil gasoline or petroleum distillate
was readily obtainable by purchasers from other
suppliers in the same relevant geographic market within
the affected area; or
(ii) 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, including replacement costs, outside
the control of the supplier, incurred in connection
with the sale of crude oil, gasoline, or petroleum
distillates; and is not attributable to local,
regional, national, or international market conditions.
(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 Act, it is unlawful for any
supplier to sell, or offer to sell crude oil, gasoline or petroleum
distillates subject to that declaration 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, whether--
(1) the price charged was a price that would reasonably
exist in a competitive and freely functioning market; and
(2) the amount of gasoline or other petroleum distillate
the seller produced, distributed, or sold during the period the
Proclamation was in effect increased over the average amount
during the preceding 30 days.
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 a Federal department or agency 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 department or agency 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 may not be
limited to a single State; and
(4) the product or products to which it applies.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days;
(2) extend such a declaration more than once; and
(3) discontinue such a declaration before its expiration.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This title shall be enforced by the Federal Trade
Commission in the same manner, by the same means, and with the same
jurisdiction as though all applicable terms of the Federal Trade
Commission Act were incorporated into and made a part of this title. In
enforcing section 603 of this Act, 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 Treated as 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 Act, the
Commission shall--
(1) maintain 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, avoiding, and reporting
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 investigations as appropriate to determine
whether any supplier in the affected area has violated section
603 of this Act, 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 Act,
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 Act.
(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.
(a) Civil Penalty.--
(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 Act is punishable by a civil penalty of not more
than $1,000,000; and
(B) that violates section 603 of this Act 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.--The penalties provided by paragraph (1) shall
be obtained 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 court shall take into consideration, among
other factors, 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 Act 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.
In this title:
(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.
(5) the Department of Energy should be designated as the
lead United States Government agency in charge of formulating
and coordinating the national energy security policy of the
United States, and in furtherance of these goals, there should
be established within the Department of Energy an Assistant
Secretary of Energy for Energy Security whose responsibilities
should include--
(A) directing the development of the national
energy security strategy of the United States;
(B) coordinating the national energy security
policy of the United States with the Department of
Defense, the Department of State, and the National
Security Council, as appropriate, to address the impact
of, and integrate national security and foreign policy
on, the national energy security policy of the United
States;
(C) monitoring international and domestic energy
developments to gauge their impact on the national
energy security policy of the United States and
implementing changes in such policy as necessary to
maintain the national security and energy security of
the United States;
(D) identifying foreign sources of energy critical
to the national energy security of the United States
and developing strategies in conjunction with the
Department of State for ensuring United States access
to critical foreign energy resources;
(E) developing strategies for reducing United
States dependence on foreign sources of energy,
including demand reduction, efficiency improvement, and
development of alternative and new sources of domestic
energy; and
(F) developing strategies in conjunction with the
Department of State for working with major
international producers and consumers, including China,
Russia, the European Union, and Africa, to minimize
politicization of global energy resources while
ensuring access through global energy markets.
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).
(g) Reports Required.--
(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.
(e) Reports Required.--
(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. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the Secretary of Energy;''.
SEC. 708. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(a) Reports.--
(1) In general.--Subject to paragraph (2), on the date on
which the President submits to Congress the budget for the
following fiscal year under section 1105 of title 31, United
States Code, the President shall submit to Congress a
comprehensive report on the national energy security of the
United States.
(2) New presidents.--In addition to the reports required
under paragraph (1), the President shall submit a comprehensive
report on the national energy security of the United States by
not later than 150 days after the date on which the President
assumes the office of President after a presidential election.
(b) Contents.--Each report under this section shall describe the
national energy security strategy of the United States, including a
comprehensive description of--
(1) the worldwide interests, goals, and objectives of the
United States that are vital to the national energy security of
the United States;
(2) the foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary--
(A) to deter political manipulation of world energy
resources; and
(B) to implement the national energy security
strategy of the United States;
(3) the proposed short-term and long-term uses of the
political, economic, military, and other authorities of the
United States--
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described
in paragraph (1);
(4) the adequacy of the capabilities of the United States
to protect the national energy security of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national authority of the United States
to support the implementation of the national energy security
strategy; and
(5) such other information as the President determines to
be necessary to inform Congress on matters relating to the
national energy security of the United States.
(c) Classified and Unclassified Form.--Each national energy
security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 709. 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.
SEC. 710. NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2007.
(a) Short Title.--This section may be cited as the ``No Oil
Producing and Exporting Cartels Act of 2007'' or ``NOPEC''.
(b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is amended
by adding after section 7 the following:
``SEC. 7A. OIL PRODUCING CARTELS.
``(a) In General.--It shall be illegal and a violation of this Act
for any foreign state, or any instrumentality or agent of any foreign
state, to act collectively or in combination with any other foreign
state, any instrumentality or agent of any other foreign state, or any
other person, whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a direct,
substantial, and reasonably foreseeable effect on the market, supply,
price, or distribution of oil, natural gas, or other petroleum product
in the United States.
``(b) Sovereign Immunity.--A foreign state engaged in conduct in
violation of subsection (a) shall not be immune under the doctrine of
sovereign immunity from the jurisdiction or judgments of the courts of
the United States in any action brought to enforce this section.
``(c) Inapplicability of Act of State Doctrine.--No court of the
United States shall decline, based on the act of state doctrine, to
make a determination on the merits in an action brought under this
section.
``(d) Enforcement.--The Attorney General of the United States may
bring an action to enforce this section in any district court of the
United States as provided under the antitrust laws.''.
(c) Sovereign Immunity.--Section 1605(a) of title 28, United States
Code, is amended--
(1) in paragraph (6), by striking ``or'' after the
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of
the Sherman Act.''.
SEC. 711. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE
CONTINGENT COST ALLOCATION.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) section 170 of the Atomic Energy Act of 1954
(42 U.S.C. 2210) (commonly known as the ``Price-
Anderson Act'')--
(i) provides a predictable legal framework
necessary for nuclear projects; and
(ii) ensures prompt and equitable
compensation in the event of a nuclear incident
in the United States;
(B) section 170 of that Act, in effect, provides
operators of nuclear powerplants with insurance for
damage arising out of a nuclear incident and funds the
insurance primarily through the assessment of a
retrospective premium from each operator after the
occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation
for Nuclear Damage, done at Vienna on September 12,
1997, will establish a global system--
(i) to provide a predictable legal
framework necessary for nuclear energy
projects; and
(ii) to ensure prompt and equitable
compensation in the event of a nuclear
incident;
(D) the Convention benefits United States nuclear
suppliers that face potentially unlimited liability for
a nuclear incidents outside the coverage of section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210) by
replacing a potentially open-ended liability with a
predictable liability regime that, in effect, provides
nuclear suppliers with insurance for damage arising out
of such an incident;
(E) the Convention also benefits United States
nuclear facility operators that may be publicly liable
for a Price-Anderson incident by providing an
additional early source for a Price-Anderson incident
by providing an additional early source of funds to
compensate damage arising out of the Price-Anderson
incident;
(F) the combined operation of the Convention,
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210), and this section will augment the quantity of
assured funds available for victims in a wider variety
of nuclear incidents while reducing the potential
liability of United States suppliers without increasing
potential costs to United States operators;
(G) the cost of those benefits is the obligation of
the United States to contribute to the supplementary
compensation fund established by the Convention;
(H) any such contribution should be funded in a
manner that neither upsets settled expectations based
on the liability regime established under section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210) nor
shifts to Federal taxpayers liability risks for nuclear
incidents at foreign installations;
(I) with respect to a Price-Anderson incident,
funds already available under section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) should be used; and
(J) with respect to a nuclear incident outside the
United States not covered by section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210), a retrospective
premium should be prorated among nuclear suppliers
relieved from potential liability for which insurance
is not available.
(2) Purpose.--The purpose of this section is to allocate
the contingent costs associated with participation by the
United States in the international nuclear liability
compensation system established by the Convention on
Supplementary Compensation for Nuclear Damage, done at Vienna
on September 12, 1997--
(A) with respect to a Price-Anderson incident, by
using funds made available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) to cover the
contingent costs in a manner that neither increases the
burdens nor decreases the benefits under section 170 of
that Act; and
(B) with respect to a covered incident outside the
United States that is not a Price-Anderson incident, by
allocating the contingent costs equitably, on the basis
of risk, among the class of nuclear suppliers relieved
by the Convention from the risk of potential liability
resulting from any covered incident outside the United
States.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means
the cost to the United States in the event of a covered
incident the amount of which is equal to the amount of funds
the United States is obligated to make available under
paragraph 1(b) of Article III of the Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear Damage,
done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means
a nuclear incident the occurrence of which results in a request
for funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which the
occurrence of a nuclear incident could result in a request for
funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person''
means--
(i) a United States person; and
(ii) an individual or entity (including an
agency or instrumentality of a foreign country)
that--
(I) is located in the United
States; or
(II) carries out an activity in the
United States.
(B) Exclusions.--The term ``covered person'' does
not include--
(i) the United States; or
(ii) any agency or instrumentality of the
United States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means
a covered person (or a successor in interest of a covered
person) that--
(A) supplies facilities, equipment, fuel, services,
or technology pertaining to the design, construction,
operation, or decommissioning of a covered
installation; or
(B) transports nuclear materials that could result
in a covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make funds
available to compensate for public liability (as defined in
section 11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the
meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(B) Inclusions.--The term ``United States''
includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of
the United States;
(iii) the Canal Zone; and
(iv) the waters of the United States
territorial sea under Presidential Proclamation
Number 5928, dated December 27, 1988 (43 U.S.C.
1331 note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident, national, or
citizen of the United States (other than an individual
residing outside of the United States and employed by a
person who is not a United States person); and
(B) any corporation, partnership, association,
joint stock company, business trust, unincorporated
organization, or sole proprietorship that is organized
under the laws of the United States.
(c) Use of Price-Anderson Funds.--
(1) In general.--Funds made available under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used to
cover the contingent cost resulting from any Price-Anderson
incident.
(2) Effect.--The use of funds pursuant to paragraph (1)
shall not reduce the limitation on public liability established
under section 170 e. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(e)).
(d) Effect on Amount of Public Liability.--
(1) In general.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(2) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under paragraph (1) shall
be increased by an amount equal to the difference between--
(A) the amount of funds made available for the
Price-Anderson incident under Article VII of the
Convention; and
(B) the amount of funds used under subsection (c)
to cover the contingent cost resulting from the Price-
Anderson incident.
(e) Retrospective Risk Pooling Program.--
(1) In general.--Except as provided in paragraph (2), each
nuclear supplier shall participate in a retrospective risk
pooling program in accordance with this section to cover the
contingent cost resulting from a covered incident outside the
United States that is not a Price-Anderson incident.
(2) Deferred payment.--
(A) In general.--The obligation of a nuclear
supplier to participate in the retrospective risk
pooling program shall be deferred until the United
States is called on to provide funds pursuant to
Article VII of the Convention with respect to a covered
incident that is not a Price-Anderson incident.
(B) Amount of deferred payment.--The amount of a
deferred payment of a nuclear supplier under
subparagraph (A) shall be based on the risk-informed
assessment formula determined under subparagraph (C).
(C) Risk-informed assessment formula.--
(i) In general.--Not later than 3 years
after the date of enactment of this Act, and
every 5 years thereafter, the Secretary shall,
by regulation, determine the risk-informed
assessment formula for the allocation among
nuclear suppliers of the contingent cost
resulting from a covered incident that is not a
Price-Anderson incident, taking into account
risk factors such as--
(I) the nature and intended purpose
of the goods and services supplied by
each nuclear supplier to each covered
installation outside the United States;
(II) the quantity of the goods and
services supplied by each nuclear
supplier to each covered installation
outside the United States;
(III) the hazards associated with
the supplied goods and services if the
goods and services fail to achieve the
intended purposes;
(IV) the hazards associated with
the covered installation outside the
United States to which the goods and
services are supplied;
(V) the legal, regulatory, and
financial infrastructure associated
with the covered installation outside
the United States to which the goods
and services are supplied; and
(VI) the hazards associated with
particular forms of transportation.
(ii) Factors for consideration.--In
determining the formula, the Secretary may--
(I) exclude--
(aa) goods and services
with negligible risk;
(bb) classes of goods and
services not intended
specifically for use in a
nuclear installation;
(cc) a nuclear supplier
with a de minimis share of the
contingent cost; and
(dd) a nuclear supplier no
longer in existence for which
there is no identifiable
successor; and
(II) establish the period on which
the risk assessment is based.
(iii) Application.--In applying the
formula, the Secretary shall not consider any
covered installation or transportation for
which funds would be available under section
170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210).
(iv) Report.--Not later than 5 years after
the date of enactment of this Act and every 5
years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works
of the Senate and the Committee on Energy and
Commerce of the House of Representatives a
report on whether there is a need for
continuation or amendment of this section,
taking into account the effects of the
implementation of the Convention on the United
States nuclear industry and suppliers.
(f) Reporting.--
(1) Collection of information.--
(A) In general.--The Secretary may collect
information necessary for developing and implementing
the formula for calculating the deferred payment of a
nuclear supplier under subsection (e)(2).
(B) Provision of information.--Each nuclear
supplier and other appropriate persons shall make
available to the Secretary such information, reports,
records, documents, and other data as the Secretary
determines, by regulation, to be necessary or
appropriate to develop and implement the formula under
subsection (e)(2)(C).
(2) Private insurance.--The Secretary shall make available
to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and
maintenance of private insurance against any risk for which
nuclear suppliers may be required to pay deferred payments
under this section.
(g) Effect on Liability.--Nothing in any other law (including
regulations) limits liability for a covered incident to an amount equal
to less than the amount prescribed in paragraph 1(a) of Article IV of
the Convention, unless the law--
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States.--
(1) Action by nuclear suppliers.--
(A) Notification.--In the case of a request for
funds under Article VII of the Convention resulting
from a covered incident that is not a Price-Anderson
incident, the Secretary shall notify each nuclear
supplier of the amount of the deferred payment required
to be made by the nuclear supplier.
(B) Payments.--
(i) In general.--Except as provided in
clause (ii), not later than 60 days after
receipt of a notification under subparagraph
(A), a nuclear supplier shall pay to the
general fund of the Treasury the deferred
payment of the nuclear supplier required under
subparagraph (A).
(ii) Annual payments.--A nuclear supplier
may elect to prorate payment of the deferred
payment required under subparagraph (A) in 5
equal annual payments (including interest on
the unpaid balance at the prime rate prevailing
at the time the first payment is due).
(C) Vouchers.--A nuclear supplier shall submit
payment certification vouchers to the Secretary of the
Treasury in accordance with section 3325 of title 31,
United States Code.
(2) Use of funds.--
(A) In general.--Amounts paid into the Treasury
under paragraph (1) shall be available to the Secretary
of the Treasury, without further appropriation and
without fiscal year limitation, for the purpose of
making the contributions of public funds required to be
made by the United States under the Convention.
(B) Action by secretary of treasury.--The Secretary
of the Treasury shall pay the contribution required
under the Convention to the court of competent
jurisdiction under Article XIII of the Convention with
respect to the applicable covered incident.
(3) Failure to pay.--If a nuclear supplier fails to make a
payment required under this subsection, the Secretary may take
appropriate action to recover from the nuclear supplier--
(A) the amount of the payment due from the nuclear
supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of
the deferred payment due from the nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action.--
(1) Limitation on judicial review.--
(A) In general.--In any civil action arising under
the Convention over which Article XIII of the
Convention grants jurisdiction to the courts of the
United States, any appeal or review by writ of mandamus
or otherwise with respect to a nuclear incident that is
not a Price-Anderson incident shall be in accordance
with chapter 83 of title 28, United States Code, except
that the appeal or review shall occur in the United
States Court of Appeals for the District of Columbia
Circuit.
(B) Supreme court jurisdiction.--Nothing in this
paragraph affects the jurisdiction of the Supreme Court
of the United States under chapter 81 of title 28,
United States Code.
(2) Cause of action.--
(A) In general.--Subject to subparagraph (B), in
any civil action arising under the Convention over
which Article XIII of the Convention grants
jurisdiction to the courts of the United States, in
addition to any other cause of action that may exist,
an individual or entity shall have a cause of action
against the operator to recover for nuclear damage
suffered by the individual or entity.
(B) Requirement.--Subparagraph (A) shall apply only
if the individual or entity seeks a remedy for nuclear
damage (as defined in Article I of the Convention) that
was caused by a nuclear incident (as defined in Article
I of the Convention) that is not a Price-Anderson
incident.
(C) Effect of paragraph.--Nothing in this paragraph
limits, modifies, extinguishes, or otherwise affects
any cause of action that would have existed in the
absence of enactment of this paragraph.
(j) Right of Recourse.--This section does not provide to an
operator of a covered installation any right of recourse under the
Convention.
(k) Protection of Sensitive United States Information.--Nothing in
the Convention or this section requires the disclosure of--
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a successor
regulation).
(l) Regulations.--
(1) In general.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and this
section.
(2) Requirement.--Rules prescribed under this subsection
shall ensure, to the maximum extent practicable, that--
(A) the implementation of section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) and this section is
consistent and equitable; and
(B) the financial and operational burden on a
Commission licensee in complying with section 170 of
that Act is not greater as a result of the enactment of
this section.
(3) Applicability of provision.--Section 553 of title 5,
United States Code, shall apply with respect to the
promulgation of regulations under this subsection.
(4) Effect of subsection.--The authority provided under
this subsection is in addition to, and does not impair or
otherwise affect, any other authority of the Secretary or the
Commission to prescribe regulations.
(m) Effective Date.--This section takes effect on the date of
enactment of this Act.
TITLE VIII--MISCELLANEOUS
SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE DEVELOPMENT
OF COMBINED HEAT AND POWER FACILITIES.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
States and other appropriate entities, shall conduct a study of
the laws (including regulations) affecting the siting of
privately owned electric distribution wires on and across
public rights-of-way.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) an evaluation of--
(i) the purposes of the laws; and
(ii) the effect the laws have on the
development of combined heat and power
facilities;
(B) a determination of whether a change in the laws
would have any operating, reliability, cost, or other
impacts on electric utilities and the customers of the
electric utilities; and
(C) an assessment of--
(i) whether privately owned electric
distribution wires would result in duplicative
facilities; and
(ii) whether duplicative facilities are
necessary or desirable.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes the results of the study conducted under subsection (a).
Amend the title so as to read: ``An Act 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.''.
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 6
_______________________________________________________________________
AMENDMENTS
_______________________________________________________________________
June 25, 2007
Ordered to be printed as passed