[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1733 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1733
To create clean energy jobs, promote energy independence, reduce global
warming pollution, and transition to a clean energy economy.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2009
Mr. Kerry (for himself and Mrs. Boxer) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To create clean energy jobs, promote energy independence, reduce global
warming pollution, and transition to a clean energy economy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Energy Jobs
and American Power Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Economy-wide emission reduction goals.
Sec. 4. Definitions.
DIVISION A--AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND
ADAPTATION
Sec. 101. Structure of Act.
TITLE I--GREENHOUSE GAS REDUCTION PROGRAMS
Subtitle A--Clean Transportation
Sec. 111. Emission standards.
``PART B--Mobile Sources
``Sec. 821. Greenhouse gas emission standards for mobile
sources.
Sec. 112. Greenhouse gas emission reductions through transportation
efficiency.
``PART C--Transportation Emissions
``Sec. 831. Greenhouse gas emission reductions through
transportation efficiency.
Sec. 113. Transportation greenhouse gas emission reduction program
grants.
``Sec. 832. Transportation greenhouse gas emission reduction
program grants.
Sec. 114. SmartWay transportation efficiency program.
``Sec. 822. SmartWay transportation efficiency program.
Subtitle B--Carbon Capture and Sequestration
Sec. 121. National strategy.
Sec. 122. Regulations for geological sequestration sites.
``Sec. 813. Geological storage sites.
Sec. 123. Studies and reports.
Sec. 124. Performance standards for coal-fueled power plants.
``Sec. 812. Performance standards for new coal-fired power
plants.
Sec. 125. Carbon capture and sequestration demonstration and early
deployment program.
Subtitle C--Nuclear and Advanced Technologies
Sec. 131. Findings and policy.
Sec. 132. Nuclear worker training.
Sec. 133. Nuclear safety and waste management programs.
Subtitle D--Water Efficiency
Sec. 141. WaterSense.
Sec. 142. Federal procurement of water-efficient products.
Sec. 143. State residential water efficiency and conservation
incentives program.
Subtitle E--Miscellaneous
Sec. 151. Office of Consumer Advocacy.
Sec. 152. Clean technology business competition grant program.
Sec. 153. Product carbon disclosure program.
Sec. 154. State recycling programs.
Sec. 155. Supplemental agriculture and forestry greenhouse gas
reduction and renewable energy program.
Sec. 156. Economic Development Climate Change Fund.
``Sec. 219. Economic Development Climate Change Fund.
Sec. 157. Study of risk-based programs addressing vulnerable areas.
Subtitle F--Energy Efficiency and Renewable Energy
Sec. 161. Renewable energy.
Sec. 162. Advanced biofuels.
Sec. 163. Energy efficiency in building codes.
Sec. 164. Retrofit for energy and environmental performance.
Subtitle G--Emission Reductions From Public Transportation Vehicles
Sec. 171. Short title.
Sec. 172. State fuel economy regulation for taxicabs.
Sec. 173. State regulation of motor vehicle emissions for taxicabs.
Subtitle H--Clean Energy and Natural Gas
Sec. 181. Clean Energy and Accelerated Emission Reduction Program.
Sec. 182. Advanced natural gas technologies.
TITLE II--RESEARCH
Subtitle A--Energy Research
Sec. 201. Advanced energy research.
Subtitle B--Drinking Water Adaptation, Technology, Education, and
Research
Sec. 211. Effects of climate change on drinking water utilities.
TITLE III--TRANSITION AND ADAPTATION
Subtitle A--Green Jobs and Worker Transition
PART 1--Green Jobs
Sec. 301. Clean energy curriculum development grants.
Sec. 302. Development of Information and Resources clearinghouse for
vocational education and job training in
renewable energy sectors.
Sec. 303. Green construction careers demonstration project.
PART 2--Climate Change Worker Adjustment Assistance
Sec. 311. Petitions, eligibility requirements, and determinations.
Sec. 312. Program benefits.
Sec. 313. General provisions.
Subtitle B--International Climate Change Programs
Sec. 321. Strategic Interagency Board on International Climate
Investment.
Sec. 322. Emission reductions from reduced deforestation.
``PART E--Supplemental Emission Reductions
``Sec. 751. Definitions.
``Sec. 752. Purposes.
``Sec. 753. Emission reductions from reduced deforestation.
Sec. 323. International Clean Energy Deployment Program.
Sec. 324. International climate change adaptation and global security
program.
Sec. 325. Evaluation and reports.
Sec. 326. Report on climate actions of major economies.
Subtitle C--Adapting to Climate Change
PART 1--Domestic Adaptation
subpart a--national climate change adaptation program
Sec. 341. National Climate Change Adaptation Program.
Sec. 342. Climate services.
subpart b--public health and climate change
Sec. 351. Sense of Congress on public health and climate change.
Sec. 352. Relationship to other laws.
Sec. 353. National strategic action plan.
Sec. 354. Advisory board.
Sec. 355. Reports.
Sec. 356. Definitions.
subpart c--climate change safeguards for natural resources conservation
Sec. 361. Purposes.
Sec. 362. Natural resources climate change adaptation policy.
Sec. 363. Definitions.
Sec. 364. Council on Environmental Quality.
Sec. 365. Natural Resources Climate Change Adaptation Panel.
Sec. 366. Natural Resources Climate Change Adaptation Strategy.
Sec. 367. Natural resources adaptation science and information.
Sec. 368. Federal natural resource agency adaptation plans.
Sec. 369. State natural resources adaptation plans.
Sec. 370. Natural Resources Climate Change Adaptation Account.
Sec. 371. National Fish and Wildlife Habitat and Corridors Information
Program.
Sec. 372. Additional provisions regarding Indian tribes.
subpart d--additional climate change adaptation programs
Sec. 381. Water system mitigation and adaption partnerships.
Sec. 382. Flood control, protection, prevention, and response.
Sec. 383. Wildfire.
Sec. 384. Coastal and Great Lakes State adaptation program.
DIVISION B--POLLUTION REDUCTION AND INVESTMENT
TITLE I--REDUCING GLOBAL WARMING POLLUTION
Subtitle A--Reducing Global Warming Pollution
Sec. 101. Reducing global warming pollution.
``TITLE VII--GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM
``PART A--Global Warming Pollution Reduction Goals and Targets
``Sec. 701. Findings.
``Sec. 702. Economy-wide reduction goals.
``Sec. 703. Reduction targets for specified sources.
``Sec. 704. Supplemental pollution reductions.
``Sec. 705. Review and program recommendations.
``Sec. 706. National Academy review.
``Sec. 707. Presidential response and recommendations.
``PART B--Designation and Registration of Greenhouse Gases
``Sec. 711. Designation of greenhouse gases.
``Sec. 712. Carbon dioxide equivalent value of greenhouse
gases.
``Sec. 713. Greenhouse gas registry.
``Sec. 714. Perfluorocarbon regulation.
``PART C--Program Rules
``Sec. 721. Emission allowances.
``Sec. 722. Prohibition of excess emissions.
``Sec. 723. Penalty for noncompliance.
``Sec. 724. Trading.
``Sec. 725. Banking and borrowing.
``Sec. 726. Market Stability Reserve.
``Sec. 727. Permits.
``Sec. 728. International emission allowances.
``PART D--Offsets
``Sec. 731. Offsets Integrity Advisory Board.
``Sec. 732. Establishment of offsets program.
``Sec. 733. Eligible project types.
``Sec. 734. Requirements for offset projects.
``Sec. 735. Approval of offset projects.
``Sec. 736. Verification of offset projects.
``Sec. 737. Issuance of offset credits.
``Sec. 738. Audits.
``Sec. 739. Program review and revision.
``Sec. 740. Early offset supply.
``Sec. 741. Environmental considerations.
``Sec. 742. Trading.
``Sec. 743. Office of Offsets Integrity.
``Sec. 744. International offset credits.
Sec. 102. Definitions.
``Sec. 700. Definitions.
Sec. 103. Offset reporting requirements.
Subtitle B--Disposition of Allowances
Sec. 111. Disposition of allowances for global warming pollution
reduction program.
``PART H--Disposition of Allowances
``Sec. 771. Allocation of emission allowances.
``Sec. 772. Electricity consumers.
``Sec. 773. Natural gas consumers.
``Sec. 774. Home heating oil and propane consumers.
``Sec. 775. Domestic fuel production.
``Sec. 776. Consumer protection.
``Sec. 777. Exchange for State-issued allowances.
``Sec. 778. Auction procedures.
``Sec. 779. Auctioning allowances for other entities.
``Sec. 780. Commercial deployment of carbon capture and
sequestration technologies.
``Sec. 781. Oversight of allocations.
``Sec. 782. Early action recognition.
``Sec. 783. Establishment of Deficit Reduction Fund.
Subtitle C--Additional Greenhouse Gas Standards
Sec. 121. Greenhouse gas standards.
``TITLE VIII--ADDITIONAL GREENHOUSE GAS STANDARDS
``Sec. 801. Definitions.
``PART A--Stationary Source Standards
``Sec. 811. Standards of performance.
Sec. 122. HFC regulation.
``Sec. 619. Hydrofluorocarbons (HFCs).
Sec. 123. Black carbon.
``PART E--Black Carbon
``Sec. 851. Black carbon.
Sec. 124. States.
Sec. 125. State programs.
``PART F--Miscellaneous
``Sec. 861. State programs.
``Sec. 862. Grants for support of air pollution control
programs.
Sec. 126. Enforcement.
Sec. 127. Conforming amendments.
Sec. 128. Davis-Bacon compliance.
Subtitle D--Carbon Market Assurance
Sec. 131. Carbon market assurance.
Subtitle E--Ensuring Real Reductions in Industrial Emissions
Sec. 141. Ensuring real reductions in industrial emissions.
``PART F--Ensuring Real Reductions in Industrial Emissions
``Sec. 761. Purposes.
``Sec. 762. Definitions.
``Sec. 763. Eligible industrial sectors.
``Sec. 764. Distribution of emission allowance rebates.
``Sec. 765. International trade.
TITLE II--PROGRAM ALLOCATIONS
Sec. 201. Investment in clean vehicle technology.
Sec. 202. State and local investment in energy efficiency and renewable
energy.
Sec. 203. Energy efficiency in building codes.
Sec. 204. Building retrofit program.
Sec. 205. Energy Innovation Hubs.
Sec. 206. ARPA-E research.
Sec. 207. International clean energy deployment program.
Sec. 208. International climate change adaptation and global security.
Sec. 209. Energy efficiency and renewable energy worker training.
Sec. 210. Worker transition.
Sec. 211. State programs for greenhouse gas reduction and climate
adaptation.
Sec. 212. Climate Change Health Protection and Promotion Fund.
Sec. 213. Climate change safeguards for natural resources conservation.
Sec. 214. Nuclear worker training.
Sec. 215. Supplemental agriculture, renewable energy, and forestry.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States can take back control of the energy
future of the United States, strengthen economic
competitiveness, safeguard the health of families and the
environment, and ensure the national security, of the United
States by increasing energy independence;
(2) creating a clean energy future requires a comprehensive
approach that includes support for the improvement of all
energy sources, including coal, natural gas, nuclear power, and
renewable generation;
(3) efficiency in the energy sector also represents a
critical avenue to reduce energy consumption and carbon
pollution, and those benefits can be captured while generating
additional savings for consumers;
(4) substantially increasing the investment in the clean
energy future of the United States will provide economic
opportunities to millions of people in the United States and
drive future economic growth in this country;
(5) the United States is responsible for many of the
initial scientific advances in clean energy technology, but, as
of September 2009, the United States has only 5 of the top 30
leading companies in solar, wind, and advanced battery
technology;
(6) investment in the clean energy sector will allow
companies in the United States to retake a leadership position,
and the jobs created by those investments will significantly
accelerate growth in domestic manufacturing;
(7) those opportunities also will result in substantial
employment gains in construction, a sector in which the median
hourly wage is 17 percent higher than the national median;
(8) those jobs are distributed throughout the United
States, and the highest clean energy economy employment growth
rates in the last 10 years were in the States of Idaho,
Nebraska, South Dakota, Oregon, and New Mexico;
(9) focusing on clean energy will dramatically reduce
pollution and significantly improve the health of families in
and the environment of the United States;
(10) moving to a low-carbon economy must protect the most
vulnerable populations in the United States, including low-
income families that are particularly affected by volatility in
energy prices;
(11) if unchecked, the impact of climate change will
include widespread effects on health and welfare, including--
(A) increased outbreaks from waterborne diseases;
(B) more droughts;
(C) diminished agricultural production;
(D) severe storms and floods;
(E) heat waves;
(F) wildfires; and
(G) a substantial rise in sea levels, due in part
to--
(i) melting mountain glaciers;
(ii) shrinking sea ice; and
(iii) thawing permafrost;
(12) the most recent science indicates that the changes
described in paragraph (11)(G) are occurring faster and with
greater intensity than expected;
(13) military officials, including retired admirals and
generals, concur with the intelligence community that climate
change acts as a threat multiplier for instability and presents
significant national security challenges for the United States;
(14) massive portions of the infrastructure of the United
States, including critical military infrastructure, are at risk
from the effects of climate change;
(15) impacts are already being felt in local communities
within the United States as well as by at-risk populations
abroad;
(16) the Declaration of the Leaders from the Major
Economies Forum on Energy and Climate, representing 17 of the
largest economies in the world, recognizes the need to limit
the increase in global average temperatures to within 2 degrees
Centigrade, as a necessary step to prevent the catastrophic
consequences of climate change; and
(17) the United States should lead the global community in
combating the threat of global climate change and reaching a
robust international agreement to address global warming under
the United Nations Framework Convention on Climate Change, done
at New York on May 9, 1992 (or a successor agreement).
SEC. 3. ECONOMY-WIDE EMISSION REDUCTION GOALS.
The goals of this Act and the amendments made by this Act are to
reduce steadily the quantity of United States greenhouse gas emissions
such that--
(1) in 2012, the quantity of United States greenhouse gas
emissions does not exceed 97 percent of the quantity of United
States greenhouse gas emissions in 2005;
(2) in 2020, the quantity of United States greenhouse gas
emissions does not exceed 80 percent of the quantity of United
States greenhouse gas emissions in 2005;
(3) in 2030, the quantity of United States greenhouse gas
emissions does not exceed 58 percent of the quantity of United
States greenhouse gas emissions in 2005; and
(4) in 2050, the quantity of United States greenhouse gas
emissions does not exceed 17 percent of the quantity of United
States greenhouse gas emissions in 2005.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 302 of the Clean Air Act (42
U.S.C. 7602).
(3) State.--The term ``State'' has the meaning given that
term in section 302 of the Clean Air Act (42 U.S.C. 7602).
DIVISION A--AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND
ADAPTATION
SEC. 101. STRUCTURE OF ACT.
(a) Authorized and Allocated Programs.--The following programs
authorized under this division are eligible to receive an allocation
under title VII of the Clean Air Act:
(1) The program for greenhouse gas emission reductions
through transportation efficiency under part C of title VIII
the Clean Air Act (as added by sections 112 and 113 of this
division).
(2) The program for nuclear worker training under section
132 of this division and 214 of division B.
(3) State recycling programs under section 154 of this
division and section 211 of division B.
(4) The supplemental agriculture and forestry greenhouse
gas reduction and renewable energy program under section 155 of
this division and section 215 of division B.
(5) The program for energy efficiency in building codes
under section 163 of this division and section 203 of division
B.
(6) The program for retrofit for energy and environmental
performance under section 164 of this division and section 204
of division B.
(7) The program for worker transition under part 2 of
subtitle A of title III of this division and section 210 of
division B.
(8) The program for public health and climate change under
subpart B of part 1 of subtitle C of title III of this division
and section 212 of division B.
(9) The program for climate change safeguards for natural
resources conservation under subpart C of part 1 of subtitle C
of title III of this division and section 213 of division B.
(10) The program for emission reductions from reduced
deforestation under section 753 of the Clean Air Act (as added
by section 322 of this division) and section 771(d) of the
Clean Air Act (as added by section 111 of division B).
(11) The International Clean Energy Deployment Program
under section 323 of this division and section 207 of division
B.
(12) The international climate change adaptation and global
security program under 324 of this division and section 208 of
division B.
(13) The program for water system mitigation and adaptation
partnerships under section 381 of this division and section 211
of division B.
(14) The program for flood control, protection, prevention,
and response under section 382 of this division and section 211
of division B.
(15) The program for wildfire under section 383 of this
division and section 211 of division B.
(16) The Coastal and Great Lakes State Adaptation Program
under section 384 of this division and section 211 of division
B.
(b) Allocated Programs.--The following allocations are provided
under title VII of the Clean Air Act:
(1) The Market Stability Reserve Fund under section 726 of
the Clean Air Act (as added by section 101 of division B).
(2) The program to ensure real reductions in industrial
emissions under part F of title VII of the Clean Air Act (as
added by section 141 of division B).
(3) The program for electricity consumers pursuant to
section 772 of the Clean Air Act (as added by section 111 of
division B).
(4) The program for natural gas consumers pursuant to
section 773 of the Clean Air Act (as added by section 111 of
division B).
(5) The program for home heating oil and propane consumers
pursuant to section 774 of the Clean Air Act (as added by
section 111 of division B).
(6) The program for domestic fuel production, including
petroleum refiners and small business refiners, under section
775 of the Clean Air Act (as added by section 111 of division
B).
(7) The program for climate change consumer refunds and
low- and moderate-income consumers pursuant to section 776 of
the Clean Air Act (as added by section 111 of division B),
including--
(A) consumer rebates under section 776(a) of the
Clean Air Act (as so added); and
(B) energy refunds under section 776(b) of the
Clean Air Act (as so added).
(8) The program for commercial deployment of carbon capture
and storage technology under section 780 of the Clean Air Act
(as added by section 111 of division B).
(9) The program for early action recognition pursuant to
section 782 of the Clean Air Act (as added by section 111 of
division B).
(10) The program for investment in clean vehicle technology
under section 201 of division B.
(11) The program for State and local investment in energy
efficiency and renewable energy under section 202 of division
B.
(12) The program for Energy Innovation Hubs pursuant to
section 205 of division B.
(13) The program for ARPA-E research pursuant to section
206 of division B.
(14) The program for energy efficiency and renewable energy
worker training under section 209 of division B.
(15) The State programs for greenhouse gas reduction and
climate adaptation pursuant to section 211 of division B.
(c) Nonallocated Programs.--The following programs are authorized
under this division:
(1) The SmartWay Transportation Efficiency Program under
section 822 of the Clean Air Act (as added by section 114 of
this division).
(2) The carbon capture and sequestration demonstration and
early deployment program under section 125 of this division.
(3) The nuclear safety and waste management programs under
section 133 of this division.
(4) Water efficiency programs under subtitle D of title I
of this division.
(5) The Office of Consumer Advocacy under section 151 of
this division.
(6) The clean technology business competition grant program
under section 152 of this division.
(7) The product carbon disclosure program under section 153
of this division.
(8) The Economic Development Climate Change Fund under
section 219 of the Public Works and Economic Development Act of
1965 (as added by section 156 of this division).
(9) The program for renewable energy under section 161 of
this division.
(10) The program for advanced biofuels under section 162 of
this division.
(11) The program for emission reductions from public
transportation vehicles under subtitle G of title I of this
division.
(12) The Clean Energy and Accelerated Emission Reduction
Program under section 181 of this division.
(13) The program for advanced natural gas technologies
under section 182 of this division.
(14) The program for advanced energy research under
subtitle A of title II of this division.
(15) The program for drinking water adaptation, technology,
education, and research under subtitle B of title II of this
division.
(16) The program for clean energy curriculum development
grants under section 301 of this division.
(17) The program for Development of Information and
Resources clearinghouse for vocational education and job
training in renewable energy sectors under section 302 of this
division.
(18) The green construction careers demonstration project
under section 303 of this division.
TITLE I--GREENHOUSE GAS REDUCTION PROGRAMS
Subtitle A--Clean Transportation
SEC. 111. EMISSION STANDARDS.
Title VIII of the Clean Air Act (as added by section 121 of
division B) is amended by adding at the end the following:
``PART B--MOBILE SOURCES
``SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES.
``(a) New Motor Vehicles and New Motor Vehicle Engines.--(1)
Pursuant to section 202(a)(1), by December 31, 2010, the Administrator
shall promulgate standards applicable to emissions of greenhouse gases
from new heavy-duty motor vehicles or new heavy-duty motor vehicle
engines, excluding such motor vehicles covered by the Tier II standards
(as established by the Administrator as of the date of the enactment of
this section). The Administrator may revise these standards from time
to time.
``(2) Regulations issued under section 202(a)(1) applicable to
emissions of greenhouse gases from new heavy-duty motor vehicles or new
heavy-duty motor vehicle engines, excluding such motor vehicles covered
by the Tier II standards (as established by the Administrator as of the
date of the enactment of this section), shall contain standards that
reflect the greatest degree of emissions reduction achievable through
the application of technology which the Administrator determines will
be available for the model year to which such standards apply, giving
appropriate consideration to cost, energy, and safety factors
associated with the application of such technology. Any such
regulations shall take effect after such period as the Administrator
finds necessary to permit the development and application of the
requisite technology, and, at a minimum, shall apply for a period no
less than 3 model years beginning no earlier than the model year
commencing 4 years after such regulations are promulgated.
``(3) Regulations issued under section 202(a)(1) applicable to
emissions of greenhouse gases from new heavy-duty motor vehicles or new
heavy-duty motor vehicle engines, excluding such motor vehicles covered
by the Tier II standards (as established by the Administrator as of the
date of the enactment of this section), shall supersede and satisfy any
and all of the rulemaking and compliance requirements of section
32902(k) of title 49, United States Code.
``(4) Other than as specifically set forth in paragraph (3) of this
subsection, nothing in this section shall affect or otherwise increase
or diminish the authority of the Secretary of Transportation to adopt
regulations to improve the overall fuel efficiency of the commercial
goods movement system.
``(b) Nonroad Vehicles and Engines.--(1) Pursuant to section
213(a)(4) and (5), the Administrator shall identify those classes or
categories of new nonroad vehicles or engines, or combinations of such
classes or categories, that, in the judgment of the Administrator, both
contribute significantly to the total emissions of greenhouse gases
from nonroad engines and vehicles, and provide the greatest potential
for significant and cost-effective reductions in emissions of
greenhouse gases. The Administrator shall promulgate standards
applicable to emissions of greenhouse gases from these new nonroad
engines or vehicles by December 31, 2012. The Administrator shall also
promulgate standards applicable to emissions of greenhouse gases for
such other classes and categories of new nonroad vehicles and engines
as the Administrator determines appropriate and in the timeframe the
Administrator determines appropriate. The Administrator shall base such
determination, among other factors, on the relative contribution of
greenhouse gas emissions, and the costs for achieving reductions, from
such classes or categories of new nonroad engines and vehicles. The
Administrator may revise these standards from time to time.
``(2) Standards under section 213(a)(4) and (5) applicable to
emissions of greenhouse gases from those classes or categories of new
nonroad engines or vehicles identified in the first sentence of
paragraph (1) of this subsection, shall achieve the greatest degree of
emissions reduction achievable based on the application of technology
which the Administrator determines will be available at the time such
standards take effect, taking into consideration cost, energy, and
safety factors associated with the application of such technology. Any
such regulations shall take effect at the earliest possible date after
such period as the Administrator finds necessary to permit the
development and application of the requisite technology, giving
appropriate consideration to the cost of compliance within such period,
the applicable compliance dates for other standards, and other
appropriate factors, including the period of time appropriate for the
transfer of applicable technology from other applications, including
motor vehicles, and the period of time in which previously promulgated
regulations have been in effect.
``(3) For purposes of this section and standards under section
213(a)(4) or (5) applicable to emissions of greenhouse gases, the term
`nonroad engines and vehicles' shall include non-internal combustion
engines and the vehicles these engines power (such as electric engines
and electric vehicles), for those non-internal combustion engines and
vehicles which would be in the same category and have the same uses as
nonroad engines and vehicles that are powered by internal combustion
engines.
``(c) Averaging, Banking, and Trading of Emissions Credits.--In
establishing standards applicable to emissions of greenhouse gases
pursuant to this section and sections 202(a), 213(a)(4) and (5), and
231(a), the Administrator may establish provisions for averaging,
banking, and trading of greenhouse gas emissions credits within or
across classes or categories of motor vehicles and motor vehicle
engines, nonroad vehicles and engines (including marine vessels), and
aircraft and aircraft engines, to the extent the Administrator
determines appropriate and considering the factors appropriate in
setting standards under those sections. Such provisions may include
reasonable and appropriate provisions concerning generation, banking,
trading, duration, and use of credits.
``(d) Reports.--The Administrator shall, from time to time, submit
a report to Congress that projects the amount of greenhouse gas
emissions from the transportation sector, including transportation
fuels, for the years 2030 and 2050, based on the standards adopted
under this section.
``(e) Greenhouse Gases.--Notwithstanding the provisions of section
711, hydrofluorocarbons shall be considered a greenhouse gas for
purposes of this section.''.
SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
(a) Environmental Protection Agency.--Title VIII of the Clean Air
Act (as amended by section 111 of this division) is amended by adding
at the end the following:
``PART C--TRANSPORTATION EMISSIONS
``SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
``(a) In General.--The Administrator, in consultation with the
Secretary of Transportation (referred to in this part as the
`Secretary'), shall promulgate, and update from time to time,
regulations to establish--
``(1) national transportation-related greenhouse gas
emission reduction goals that are commensurate with the
emission reduction goals established under the Clean Energy
Jobs and American Power Act and amendments made by that Act;
``(2) standardized emission models and related methods, to
be used by States, metropolitan planning organizations, and air
quality agencies to address emission reduction goals,
including--
``(A) the development of surface transportation-
related greenhouse gas emission reduction targets
pursuant to sections 134 and 135 of title 23, and
sections 5303 and 5304 of title 49, United States Code;
``(B) the assessment of projected surface
transportation-related greenhouse gas emissions from
transportation strategies;
``(C) the assessment of projected surface
transportation-related greenhouse gas emissions from
State and regional transportation plans;
``(D) the establishment of surface transportation-
related greenhouse gas emission baselines at a
national, State, and regional level; and
``(E) the measurement and assessment of actual
surface transportation-related emissions to assess
progress toward achievement of emission targets at the
State and regional level;
``(3) methods for collection of data on transportation-
related greenhouse gas emissions; and
``(4) publication and distribution of successful strategies
employed by States, metropolitan planning organizations, and
other entities to reduce transportation-related greenhouse gas
emissions.
``(b) Role of Department of Transportation.--The Secretary, in
consultation with the Administrator, shall promulgate, and update from
time to time, regulations--
``(1) to improve the ability of transportation planning
models and tools, including travel demand models, to address
greenhouse gas emissions;
``(2) to assess projected surface transportation-related
travel activity and transportation strategies from State and
regional transportation plans; and
``(3) to update transportation planning requirements and
approval of transportation plans as necessary to carry out this
section.
``(c) Consultation and Models.--In promulgating the regulations,
the Administrator and the Secretary--
``(1) shall consult with States, metropolitan planning
organizations, and air quality agencies;
``(2) may use existing models and methodologies if the
models and methodologies are widely considered to reflect the
best practicable modeling or methodological approach for
assessing actual and projected transportation-related
greenhouse gas emissions from transportation plans and
projects; and
``(3) shall consider previously developed plans that were
based on models and methodologies for reducing greenhouse gas
emissions in applying those regulations to the first approvals
after promulgation.
``(d) Timing.--The Administrator and the Secretary shall--
``(1) publish proposed regulations under subsections (a)
and (b) not later than 1 year after the date of enactment of
this section; and
``(2) promulgate final regulations under subsections (a)
and (b) not later than 18 months after the date of enactment of
this section.
``(e) Assessment.--
``(1) In general.--At least every 6 years after
promulgating final regulations under subsections (a) and (b),
the Administrator and the Secretary shall jointly assess
current and projected progress in reducing national
transportation-related greenhouse gas emissions.
``(2) Requirements.--The assessment shall examine the
contributions to emission reductions attributable to--
``(A) improvements in vehicle efficiency;
``(B) greenhouse gas performance of transportation
fuels;
``(C) reductions in vehicle miles traveled;
``(D) changes in consumer demand and use of
transportation management systems; and
``(E) any other greenhouse gas-related
transportation policies enacted by Congress.
``(3) Results of assessment.--The Secretary and the
Administrator shall consider--
``(A) the results of the assessment conducted under
this subsection; and
``(B) based on those results, whether technical or
other updates to regulations required under this
section and sections 134 and 135 of title 23, and
sections 5303 and 5304 of title 49, United States Code,
are necessary.''.
(b) Metropolitan Planning Organizations.--
(1) Title 23.--Section 134 of title 23, United States Code,
is amended--
(A) in subsection (a)(1)--
(i) by striking ``minimizing'' and
inserting ``reducing''; and
(ii) by inserting ``, reliance on oil,
impacts on the environment, transportation-
related greenhouse gas emissions,'' after
``consumption'';
(B) in subsection (h)(1)(E)--
(i) by inserting ``sustainability, and
livability, reduce surface transportation-
related greenhouse gas emissions and reliance
on oil, adapt to the effects of climate
change,'' after ``energy conservation,'';
(ii) by inserting ``and public health''
after ``quality of life''; and
(iii) by inserting ``, including housing
and land use patterns'' after ``development
patterns'';
(C) in subsection (i)--
(i) in paragraph (4)(A)--
(I) by striking ``consult, as
appropriate,'' and inserting
``cooperate'';
(II) by inserting ``transportation,
public transportation, air quality, and
housing, and shall consult, as
appropriate, with State and local
agencies responsible for'' after
``responsible for''; and
(III) by inserting ``public
health,'' after ``conservation,''; and
(ii) in paragraph (5)(C)(iii), by inserting
``and through the website of the metropolitan
planning organization, including emission
reduction targets and strategies developed
under subsection (k)(6), including an analysis
of the anticipated effects of the targets and
strategies,'' after ``World Wide Web''; and
(D) in subsection (k), by adding at the end the
following:
``(6) Transportation greenhouse gas reduction efforts.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section
shall address transportation-related greenhouse gas
emissions by including emission reduction targets and
strategies to meet those targets.
``(B) Eligible organizations.--
``(i) MPOS within tmas.--All provisions and
requirements of this section, including the
requirements of the transportation greenhouse
gas reduction efforts, shall apply to
metropolitan planning organizations that also
serve as transportation management areas.
``(ii) Other mpos.--A metropolitan planning
organization that does not serve as a
transportation management area--
``(I) may develop transportation
greenhouse gas emission reduction
targets and strategies to meet those
targets; and
``(II) if those targets and
strategies are developed, shall be
subject to all applicable provisions
and requirements of this section and
the Clean Energy Jobs and American
Power Act, including requirements of
the transportation greenhouse gas
reduction efforts.
``(C) Establishment of targets and criteria.--
``(i) In general.--Not later than 2 years
after the promulgation of the final regulations
required under section 831 of the Clean Air
Act, each metropolitan planning organization
that also serves as a transportation management
area shall develop surface transportation-
related greenhouse gas emission reduction
targets, as well as strategies to meet those
targets, in consultation with State air
agencies as part of the metropolitan
transportation planning process under this
section.
``(ii) Multiple designations.--If more than
1 metropolitan planning organization has been
designated within a metropolitan area, each
metropolitan planning organization shall
coordinate with other metropolitan planning
organizations in the same metropolitan area to
develop the targets and strategies described in
clause (i).
``(iii) Minimum requirements.--Each
metropolitan transportation plan developed by a
metropolitan planning organization under clause
(i) shall, within the plan, demonstrate
progress in stabilizing and reducing
transportation-related greenhouse gas emissions
so as to contribute to the achievement of State
targets pursuant to section 135(f)(9).
``(iv) Requirements for targets and
strategies.--The targets and strategies
developed under this subparagraph shall, at a
minimum--
``(I) be based on the emission and
travel demand models and related
methodologies established in the final
regulations required under section 831
of the Clean Air Act;
``(II) inventory all sources of
surface transportation-related
greenhouse gas emissions;
``(III) apply to those modes of
surface transportation that are
addressed in the planning process under
this section;
``(IV) be integrated and consistent
with regional transportation plans and
transportation improvement programs;
and
``(V) be selected through scenario
analysis, and include, pursuant to the
requirements of the transportation
planning process under this section,
transportation investment and
management strategies that reduce
greenhouse gas emissions from the
transportation sector over the life of
the plan, such as--
``(aa) efforts to increase
public transportation
ridership, including through
service improvements, capacity
expansions, and access
enhancement;
``(bb) efforts to increase
walking, bicycling, and other
forms of nonmotorized
transportation;
``(cc) implementation of
zoning and other land use
regulations and plans to
support infill, transit-
oriented development,
redevelopment, or mixed use
development;
``(dd) travel demand
management programs (including
carpool, vanpool, or car-share
projects), transportation
pricing measures, parking
policies, and programs to
promote telecommuting, flexible
work schedules, and satellite
work centers;
``(ee) surface
transportation system operation
improvements, including
intelligent transportation
systems or other operational
improvements to reduce long-
term greenhouse gas emissions
through reduced congestion and
improved system management;
``(ff) intercity passenger
rail improvements;
``(gg) intercity bus
improvements;
``(hh) freight rail
improvements;
``(ii) use of materials or
equipment associated with the
construction or maintenance of
transportation projects that
reduce greenhouse gas
emissions;
``(jj) public facilities
for supplying electricity to
electric or plug-in hybrid-
electric vehicles; or
``(kk) any other effort
that demonstrates progress in
reducing transportation-related
greenhouse gas emissions in
each metropolitan planning
organization under this
subsection.
``(D) Review and approval.--Not later than 180 days
after the date of submission of a plan under this
section--
``(i) the Secretary and the Administrator
shall review the plan; and
``(ii) the Secretary shall approve a plan
developed by a metropolitan planning
organization pursuant to subparagraph (C) if--
``(I) the Secretary finds that a
metropolitan planning organization has
developed, submitted, and published the
plan of the metropolitan planning
organization pursuant to this section;
``(II) the Secretary, in
consultation with the Administrator,
determines that the plan is likely to
achieve the targets established by the
metropolitan planning organization
under this subsection; and
``(III) the development of the plan
complies with the minimum requirements
established under clauses (iii) and
(iv) of subparagraph (C).
``(E) Certification.--Failure to comply with the
requirements under subparagraph (C) shall not impact
certification standards under paragraph (5).
``(7) Definition of metropolitan planning organization.--In
this subsection, the term `metropolitan planning organization'
means a metropolitan planning organization described in clause
(i) or (ii) of paragraph (6)(B).
``(8) Scenario analysis.--The term `scenario analysis'
means the use of a planning tool that--
``(A) develops a range of scenarios representing
various combinations of transportation and land use
strategies, and estimates of how each of those
scenarios would perform in meeting the greenhouse gas
emission reduction targets based on analysis of various
forces (such as health, transportation, economic or
environmental factors, and land use) that affect
growth;
``(B) may include features such as--
``(i) the involvement of the general
public, key stakeholders, and elected officials
on a broad scale;
``(ii) the creation of an opportunity for
those participants to educate each other as to
growth trends and trade-offs, as a means to
incorporate values and feedback into future
plans; and
``(iii) the use of continuing efforts and
ongoing processes; and
``(C) may include key elements such as--
``(i) identification of the driving forces
behind planning decisions and outcomes;
``(ii) determination of patterns of
interaction;
``(iii) creation of scenarios for
discussion purposes;
``(iv) analysis of implications;
``(v) evaluation of scenarios; and
``(vi) use of monitoring indicators.''.
(2) Title 49.--Section 5303 of title 49, United States
Code, is amended--
(A) in subsection (a)(1)--
(i) by striking ``minimizing'' and
inserting ``reducing''; and
(ii) by inserting ``, reliance on oil,
impacts on the environment, transportation-
related greenhouse gas emissions,'' after
``consumption'';
(B) in subsection (h)(1)(E)--
(i) by inserting ``sustainability, and
livability, reduce surface transportation-
related greenhouse gas emissions and reliance
on oil, adapt to the effects of climate
change,'' after ``energy conservation,'';
(ii) by inserting ``and public health''
after ``quality of life''; and
(iii) by inserting ``, including housing
and land use patterns'' after ``development
patterns'';
(C) in subsection (i)--
(i) in paragraph (4)(A)--
(I) by striking ``consult, as
appropriate,'' and inserting
``cooperate'';
(II) by inserting ``transportation,
public transportation, air quality, and
housing, and shall consult, as
appropriate, with State and local
agencies responsible for'' after
``responsible for''; and
(III) by inserting ``public
health,'' after ``conservation,''; and
(ii) in paragraph (5)(C)(iii), by inserting
``and through the website of the metropolitan
planning organization, including emission
reduction targets and strategies developed
under subsection (k)(6), including an analysis
of the anticipated effects of the targets and
strategies,'' after ``World Wide Web''; and
(D) in subsection (k), by adding at the end the
following:
``(6) Transportation greenhouse gas reduction efforts.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section
shall address transportation-related greenhouse gas
emissions by including emission reduction targets and
strategies to meet those targets.
``(B) Eligible organizations.--
``(i) In general.--The requirements of the
transportation greenhouse gas reduction efforts
shall apply only to metropolitan planning
organizations within a transportation
management area.
``(ii) Development of plan.--A metropolitan
planning organization that does not serve as a
transportation management area--
``(I) may develop transportation
greenhouse gas emission reduction
targets and strategies to meet those
targets; and
``(II) if those targets and
strategies are developed, shall be
subject to all provisions and
requirements of this section, including
requirements of the transportation
greenhouse gas reduction efforts.
``(C) Establishment of targets and criteria.--
``(i) In general.--Not later than 2 years
after the promulgation of the final regulations
required under section 831 of the Clean Air
Act, each metropolitan planning organization
shall develop surface transportation-related
greenhouse gas emission reduction targets, as
well as strategies to meet those targets, in
consultation with State air agencies as part of
the metropolitan transportation planning
process under this section.
``(ii) Multiple designations.--If more than
1 metropolitan planning organization has been
designated within a metropolitan area, each
metropolitan planning organization shall
coordinate with other metropolitan planning
organizations in the same metropolitan area to
develop the targets and strategies described in
clause (i).
``(iii) Minimum requirements.--Each
metropolitan transportation plan developed by a
metropolitan planning organization under clause
(i) shall, within the plan, demonstrate
progress in stabilizing and reducing
transportation-related greenhouse gas emissions
so as to contribute to the achievement of State
targets pursuant to section 135(f)(9) of title
23.
``(iv) Requirements for targets and
strategies.--The targets and strategies
developed under this subparagraph shall, at a
minimum--
``(I) be based on the emission
models and related methodologies
established in the final regulations
required under section 831 of the Clean
Air Act;
``(II) inventory all sources of
surface transportation-related
greenhouse gas emissions;
``(III) apply to those modes of
surface transportation that are
addressed in the planning process under
this section;
``(IV) be integrated and consistent
with regional transportation plans and
transportation improvement programs;
and
``(V) be selected through scenario
analysis (as defined in section 134(k)
of title 23), and include, pursuant to
the requirements of the transportation
planning process under this section,
transportation investment and
management strategies that reduce
greenhouse gas emissions from the
transportation sector over the life of
the plan, such as--
``(aa) efforts to increase
public transportation
ridership, including through
service improvements, capacity
expansions, and access
enhancement;
``(bb) efforts to increase
walking, bicycling, and other
forms of nonmotorized
transportation;
``(cc) implementation of
zoning and other land use
regulations and plans to
support infill, transit-
oriented development,
redevelopment, or mixed use
development;
``(dd) travel demand
management programs (including
carpool, vanpool, or car-share
projects), transportation
pricing measures, parking
policies, and programs to
promote telecommuting, flexible
work schedules, and satellite
work centers;
``(ee) surface
transportation system operation
improvements, including
intelligent transportation
systems or other operational
improvements to reduce long-
term greenhouse gas emissions
through reduced congestion and
improved system management;
``(ff) intercity passenger
rail improvements;
``(gg) intercity bus
improvements;
``(hh) freight rail
improvements;
``(ii) use of materials or
equipment associated with the
construction or maintenance of
transportation projects that
reduce greenhouse gas
emissions;
``(jj) public facilities
for supplying electricity to
electric or plug-in hybrid-
electric vehicles; or
``(kk) any other effort
that demonstrates progress in
reducing transportation-related
greenhouse gas emissions in
each metropolitan planning
organization under this
subsection.
``(D) Review and approval.--Not later than 180 days
after the date of submission of a plan under this
section--
``(i) the Secretary and the Administrator
shall review the plan; and
``(ii) the Secretary shall approve a plan
developed by a metropolitan planning
organization pursuant to subparagraph (C) if--
``(I) the Secretary finds that a
metropolitan planning organization has
developed, submitted, and published the
plan of the metropolitan planning
organization pursuant to this section;
``(II) the Secretary, in
consultation with the Administrator,
determines that the plan is likely to
achieve the targets established by the
metropolitan planning organization
under this subsection; and
``(III) the development of the plan
complies with the minimum requirements
established under clauses (iii) and
(iv) of subparagraph (C).
``(E) Certification.--Failure to comply with the
requirements under subparagraph (C) shall not impact
certification standards under paragraph (5).
``(7) Definition of metropolitan planning organization.--In
this subsection, the term `metropolitan planning organization'
means a metropolitan planning organization described in clause
(i) or (ii) of paragraph (6)(B).''.
(c) States.--
(1) Title 23.--Section 135 of title 23, United States Code,
is amended--
(A) in subsection (d)(1)(E)--
(i) by inserting ``sustainability, and
livability, reduce surface transportation-
related greenhouse gas emissions and reliance
on oil, adapt to the effects of climate
change,'' after ``energy conservation,'';
(ii) by inserting ``and public health''
after ``quality of life''; and
(iii) by inserting ``, including housing
and land use patterns'' after ``development
patterns''; and
(B) in subsection (f)--
(i) in paragraph (2)(D)(i)--
(I) by striking ``, as appropriate,
in consultation'' and inserting ``in
cooperation'';
(II) by inserting ``State and local
agencies responsible for
transportation, public transportation,
air quality, and housing and in
consultation with'' before ``State,
tribal''; and
(III) by inserting ``public
health,'' after ``conservation,'';
(ii) in paragraph (3)(B)(iii), by inserting
``and through the website of the State,
including emission reduction targets and
strategies developed under paragraph (9) and an
analysis of the anticipated effects of the
targets and strategies'' after ``World Wide
Web''; and
(iii) by adding at the end the following:
``(9) Transportation greenhouse gas reduction efforts.--
``(A) In general.--Within a State, the
transportation planning process under this section,
shall address transportation-related greenhouse gas
emissions by including emission reduction targets and
strategies to meet those targets.
``(B) Establishment of targets and criteria.--
``(i) In general.--Not later than 2 years
after the promulgation of the final regulations
required under section 831 of the Clean Air
Act, each State shall develop surface
transportation-related greenhouse gas emission
reduction targets, as well as strategies to
meet those targets, in consultation with State
air agencies as part of the transportation
planning process under this section.
``(ii) Minimum requirements.--Each
transportation plan developed by a State under
clause (i) shall, within the plan, demonstrate
progress in stabilizing and reducing
transportation-related greenhouse gas emissions
in the State so as to contribute to the
achievement of national targets pursuant to
section 831(a)(1) of the Clean Air Act.
``(iii) Requirements for targets and
strategies.--The targets and strategies
developed under this subparagraph shall, at a
minimum--
``(I) be based on the emission
models and related methodologies
established in the final regulations
required under section 831 of the Clean
Air Act;
``(II) inventory all sources of
surface transportation-related
greenhouse gas emissions;
``(III) apply to those modes of
surface transportation that are
addressed in the planning process under
this section;
``(IV) be integrated and consistent
with statewide transportation plans and
statewide transportation improvement
programs; and
``(V) be selected through scenario
analysis (as defined in section
134(k)), and include, pursuant to the
requirements of the transportation
planning process under this section,
transportation investment and
management strategies that reduce
greenhouse gas emissions from the
transportation sector over the life of
the plan, such as--
``(aa) efforts to increase
public transportation
ridership, including through
service improvements, capacity
expansions, and access
enhancement;
``(bb) efforts to increase
walking, bicycling, and other
forms of nonmotorized
transportation;
``(cc) implementation of
zoning and other land use
regulations and plans to
support infill, transit-
oriented development,
redevelopment, or mixed use
development;
``(dd) travel demand
management programs (including
carpool, vanpool, or car-share
projects), transportation
pricing measures, parking
policies, and programs to
promote telecommuting, flexible
work schedules, and satellite
work centers;
``(ee) surface
transportation system operation
improvements, including
intelligent transportation
systems or other operational
improvements to reduce
congestion and improve system
management;
``(ff) intercity passenger
rail improvements;
``(gg) intercity bus
improvements;
``(hh) freight rail
improvements;
``(ii) use of materials or
equipment associated with the
construction or maintenance of
transportation projects that
reduce greenhouse gas
emissions;
``(jj) public facilities
for supplying electricity to
electric or plug-in hybrid-
electric vehicles; or
``(kk) any other effort
that demonstrates progress in
reducing transportation-related
greenhouse gas emissions.
``(C) Coordination and consultation with public
agencies.--Transportation greenhouse gas targets and
plans pursuant to this section shall be developed--
``(i) in coordination with--
``(I) all metropolitan planning
organizations covered by this section
within the State; and
``(II) transportation and air
quality agencies within the State; and
``(ii) in consultation with representatives
of State and local housing, economic
development, and land use agencies.
``(D) Enforcement.--Not later than 180 days after
the date of submission of a plan under this section--
``(i) the Secretary and the Administrator
shall review the plan; and
``(ii) the Secretary shall approve a plan
developed by a State pursuant to subparagraph
(B) if--
``(I) the Secretary finds that a
State has developed, submitted, and
published the plan pursuant to this
section;
``(II) the Secretary, in
consultation with the Administrator,
determines that the plan is likely to
achieve the targets established by the
State under this subsection; and
``(III) the development of the plan
complies with the minimum requirements
established under clauses (ii) and
(iii) of subparagraph (B).
``(E) Planning finding.--Failure to comply with the
requirements under subparagraph (B) shall not impact
the planning finding under subsection (g)(7).''.
(2) Title 49.--Section 5304 of title 49, United States Code
is amended--
(A) in subsection (d)(1)(E)--
(i) by inserting ``sustainability, and
livability, reduce surface transportation-
related greenhouse gas emissions and reliance
on oil, adapt to the effects of climate
change,'' after ``energy conservation,'';
(ii) by inserting ``and public health''
after ``quality of life''; and
(iii) by inserting ``, including housing
and land use patterns'' after ``development
patterns''; and
(B) in subsection (f)--
(i) in paragraph (2)(D)(i)--
(I) by striking ``, as appropriate,
in consultation'' and inserting ``in
cooperation'';
(II) by inserting ``State and local
agencies responsible for
transportation, public transportation,
air quality, and housing and in
consultation with'' before ``State,
tribal''; and
(III) by inserting ``public
health,'' after ``conservation,'';
(ii) in paragraph (3)(B)(iii), by inserting
``and through the website of the State,
including emission reduction targets and
strategies developed under paragraph (9) and an
analysis of the anticipated effects of the
targets and strategies'' after ``World Wide
Web''; and
(iii) by adding at the end the following:
``(9) Transportation greenhouse gas reduction efforts.--
``(A) In general.--Within a State, the
transportation planning process under this section,
shall address transportation-related greenhouse gas
emissions by including emission reduction targets and
strategies to meet those targets.
``(B) Establishment of targets and criteria.--
``(i) In general.--Not later than 2 years
after the promulgation of the final regulations
required under section 831 of the Clean Air
Act, each State shall develop surface
transportation-related greenhouse gas emission
reduction targets, as well as strategies to
meet those targets, in consultation with State
air agencies as part of the transportation
planning process under this section.
``(ii) Minimum requirements.--Each
transportation plan developed by a State under
clause (i) shall, within the plan, demonstrate
progress in stabilizing and reducing
transportation-related greenhouse gas emissions
in the State so as to contribute to the
achievement of national targets pursuant to
section 831(a)(1) of the Clean Air Act.
``(iii) Requirements for targets and
strategies.--The targets and strategies
developed under this subparagraph shall, at a
minimum--
``(I) be based on the emission
models and related methodologies
established in the final regulations
required under section 831 of the Clean
Air Act;
``(II) inventory all sources of
surface transportation-related
greenhouse gas emissions;
``(III) apply to those modes of
surface transportation that are
addressed in the planning process under
this section;
``(IV) be integrated and consistent
with statewide transportation plans and
statewide transportation improvement
programs; and
``(V) be selected through scenario
analysis (as defined in section 134(k)
of title 23), and include, pursuant to
the requirements of the transportation
planning process under this section,
transportation investment and
management strategies that reduce
greenhouse gas emissions from the
transportation sector over the life of
the plan, such as--
``(aa) efforts to increase
public transportation
ridership, including through
service improvements, capacity
expansions, and access
enhancement;
``(bb) efforts to increase
walking, bicycling, and other
forms of nonmotorized
transportation;
``(cc) implementation of
zoning and other land use
regulations and plans to
support infill, transit-
oriented development,
redevelopment, or mixed use
development;
``(dd) travel demand
management programs (including
carpool, vanpool, or car-share
projects), transportation
pricing measures, parking
policies, and programs to
promote telecommuting, flexible
work schedules, and satellite
work centers;
``(ee) surface
transportation system operation
improvements, including
intelligent transportation
systems or other operational
improvements to reduce
congestion and improve system
management;
``(ff) intercity passenger
rail improvements;
``(gg) intercity bus
improvements;
``(hh) freight rail
improvements;
``(ii) use of materials or
equipment associated with the
construction or maintenance of
transportation projects that
reduce greenhouse gas
emissions;
``(jj) public facilities
for supplying electricity to
electric or plug-in hybrid-
electric vehicles; or
``(kk) any other effort
that demonstrates progress in
reducing transportation-related
greenhouse gas emissions.
``(C) Coordination and consultation with public
agencies.--Transportation greenhouse gas targets and
plans pursuant to this section shall be developed--
``(i) in coordination with--
``(I) all metropolitan planning
organizations covered by this section
within the State; and
``(II) transportation and air
quality agencies within the State; and
``(ii) in consultation with representatives
of State and local housing, economic
development, and land use agencies.
``(D) Enforcement.--Not later than 180 days after
the date of submission of a plan under this section--
``(i) the Secretary and the Administrator
shall review the plan; and
``(ii) the Secretary shall approve a plan
developed by a State pursuant to subparagraph
(B) if--
``(I) the Secretary finds that a
State has developed, submitted, and
published the plan pursuant to this
section;
``(II) the Secretary, in
consultation with the Administrator,
determines that the plan is likely to
achieve the targets established by the
State under this subsection; and
``(III) the development of the plan
complies with the minimum requirements
established under clauses (ii) and
(iii) of subparagraph (B).
``(E) Planning finding.--Failure to comply with the
requirements under subparagraph (B) shall not impact
the planning finding under subsection (g)(7).''.
(d) Applicability.--Section 304 of the Clean Air Act (42 U.S.C.
7604) shall not apply to the planning provisions of this section or any
amendment made by this section.
(e) Land Use Authority.--Nothing in this section or an amendment
made by this section--
(1) infringes on the existing authority of local
governments to plan or control land use; or
(2) provides or transfers authority over land use to any
other entity.
SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM
GRANTS.
Part C of title VIII of the Clean Air Act (as amended by section
112) is amended by adding at the end the following:
``SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM
GRANTS.
``(a) In General.--The Secretary of Transportation (referred to in
this section as the `Secretary') shall provide grants to States and
metropolitan planning organizations to carry out the purposes of this
section for each fiscal year--
``(1) to support the developing and updating of
transportation greenhouse gas reduction targets and strategies;
and
``(2) to provide financial assistance to implement plans
approved pursuant to--
``(A) sections 134(k)(6) and 135(f)(9) of title 23,
United States Code; and
``(B) sections 5303(k)(6) and 5304(f)(9) of title
49, United States Code.
``(b) Planning Grants.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall allocate not more than 5 percent of the funds available
to carry out this section for a fiscal year for metropolitan
planning organizations to develop and update transportation
plans, including targets and strategies for greehouse gas
emission reduction under--
``(A) sections 134(k)(6) and 135(f)(9) of title 23,
United States Code; and
``(B) sections 5303(k)(6) and 5304(f)(9) of title
49, United States Code.
``(2) Eligible organizations.--The Secretary shall
distribute the funds available in (1) to metropolitan planning
organizations (as defined in section 134(k)(7) of title 23,
United States Code) in the proportion that--
``(A) the population within such a metropolitan
planning organization; bears to
``(B) the total population of all such metropolitan
planning organizations.
``(c) Performance Grants.--
``(1) In general.--After allocating funds pursuant to
subsection (b)(1), the Secretary shall use the remainder of
amounts made available to carry out this section to provide
grants to States and metropolitan planning organizations.
``(2) Criteria.--In providing grants under this subsection,
the Secretary, in consultation with the Administrator, shall
develop criteria for providing the grants, taking into
consideration, with respect to areas to be covered by the
grants--
``(A) the quantity of total greenhouse gas
emissions to be reduced as a result of implementation
of a plan, within a covered area, as determined by
methods established under section 831(a);
``(B) the quantity of total greenhouse gas
emissions to be reduced per capita as a result of
implementation of a plan, within the covered area, as
determined by methods established under section 831(a);
``(C) the cost-effectiveness of reducing greenhouse
gas emissions during the life of the plan;
``(D) progress toward achieving emission reductions
target established under--
``(i) sections 134(k)(6) and 135(f)(9) of
title 23, United States Code; and
``(ii) sections 5303(k)(6) and 5304(f)(9)
of title 49, United States Code;
``(E) reductions in greenhouse gas emissions
previously achieved by States and metropolitan planning
organizations during the 5-year period beginning on the
date of enactment of this Act;
``(F) plans that increase transportation options
and mobility, particularly for low-income individuals,
minorities, the elderly, households without motor
vehicles, cost-burdened households, and the disabled;
and
``(G) other factors, including innovative
approaches, minimization of costs, and consideration of
economic development, revenue generation, consumer fuel
cost-savings, and other economic, environmental and
health benefits, as the Secretary determines to be
appropriate.
``(d) Requirement for Reduced Emissions.--A performance grant under
subsection (c) may be used only to fund strategies that demonstrate a
reduction in greenhouse gas emissions that is sustainable over the life
of the applicable transportation plan.
``(e) Cost-Sharing.--The Federal share of the costs of a project
receiving Federal financial assistance under this section shall be 80
percent.
``(f) Compliance With Applicable Laws.--
``(1) In general.--Subject to paragraph (2), a project
receiving funds under this section shall comply with all
applicable Federal laws (including regulations), including--
``(A) subchapter IV of chapter 31 of title 40,
United States Code; and
``(B) applicable requirements of titles 23 and 49,
United States Code.
``(2) Eligibility.--Project eligibility shall be determined
in accordance with this section.
``(3) Determination of applicable modal requirements.--The
Secretary shall--
``(A) have the discretion to designate the specific
modal requirements that shall apply to a project; and
``(B) be guided by the predominant modal
characteristics of the project in the event that a
project has cross-modal application.
``(g) Additional Requirements.--
``(1) In general.--As a condition on the receipt of
financial assistance under this section, the interests of
public transportation employees affected by the assistance
shall be protected under arrangements that the Secretary of
Labor determines--
``(A) to be fair and equitable; and
``(B) to provide benefits equal to the benefits
established under section 5333(b) of title 49, United
States Code.
``(2) Wages and benefits.--Laborers and mechanics employed
on projects funded with amounts made available under this
section shall be paid wages and benefits not less than those
determined by the Secretary of Labor under subchapter IV of
chapter 31 of title 40, United States Code, to be prevailing in
the same locality.
``(h) Miscellaneous.--
``(1) Road-use and congestion pricing measures.--All
projects funded by amounts made available under this section
shall be eligible to receive amounts collected through road-use
and congestion pricing measures.
``(2) Limitations.--The Administrator may not approve any
transportation plan for a project that would be inconsistent
with existing design, procurement, and construction guidelines
established by the Department of Transportation.
``(3) Subgrantees.--With the approval of the Secretary,
recipients of funding under this section may enter into
agreements providing for the transfer of funds to noneligible
public entities (such as local governments, air quality
agencies, zoning commissions, special districts and transit
agencies) that have statutory responsibility or authority for
actions necessary to implement the strategies pursuant to--
``(A) sections 134(k)(6) and 135(f)(9) of title 23,
United States Code; and
``(B) sections 5303(k)(6) and 5304(f)(9) of title
49, United States Code.''.
SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM.
Part B of title VIII of the Clean Air Act (as amended by section
111) is amended by adding at the end the following:
``SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM.
``(a) In General.--There is established within the Environmental
Protection Agency a SmartWay Transportation Efficiency Program to
quantify, demonstrate, and promote the benefits of technologies,
products, fuels, and operational strategies that reduce petroleum
consumption, air pollution, and greenhouse gas emissions from the
mobile source sector.
``(b) General Duties.--Under the program established under this
section, the Administrator shall carry out each of the following:
``(1) Development of measurement protocols to evaluate the
energy consumption and greenhouse gas impacts from technologies
and strategies in the mobile source sector, including those for
passenger transport and goods movement.
``(2) Development of qualifying thresholds for certifying,
verifying, or designating energy-efficient, low-greenhouse gas
SmartWay technologies and strategies for each mode of passenger
transportation and goods movement.
``(3) Development of partnership and recognition programs
to promote best practices and drive demand for energy-
efficient, low-greenhouse gas transportation performance.
``(4) Promotion of the availability of, and encouragement
of the adoption of, SmartWay certified or verified technologies
and strategies, and publication of the availability of
financial incentives, such as assistance from loan programs and
other Federal and State incentives.
``(c) SmartWay Transport Freight Partnership.--The Administrator
shall establish a SmartWay Transport Partnership program with shippers
and carriers of goods to promote energy-efficient, low-greenhouse gas
transportation. In carrying out such partnership, the Administrator
shall undertake each of the following:
``(1) Verification of the energy and greenhouse gas
performance of participating freight carriers, including those
operating rail, trucking, marine, and other goods movement
operations.
``(2) Publication of a comprehensive energy and greenhouse
gas performance index of freight modes (including rail,
trucking, marine, and other modes of transporting goods) and
individual freight companies so that shippers can choose to
deliver their goods more efficiently.
``(3) Development of tools for--
``(A) carriers to calculate their energy and
greenhouse gas performance; and
``(B) shippers to calculate the energy and
greenhouse gas impacts of moving their products and to
evaluate the relative impacts from transporting their
goods by different modes and corporate carriers.
``(4) Provision of recognition opportunities for
participating shipper and carrier companies demonstrating
advanced practices and achieving superior levels of greenhouse
gas performance.
``(d) Improving Freight Greenhouse Gas Performance Databases.--The
Administrator shall, in coordination with the Secretary of Commerce and
other appropriate agencies, define and collect data on the physical and
operational characteristics of the Nation's truck population, with
special emphasis on data related to energy efficiency and greenhouse
gas performance to inform the performance index published under
subsection (c)(2) of this section, and other means of goods transport
as necessary, at least every 5 years as part of the economic census
required under title 13, United States Code.
``(e) Establishment of Financing Program.--The Administrator shall
establish a SmartWay Financing Program to competitively award funding
to eligible entities identified by the Administrator in accordance with
the program requirements in subsection (g).
``(f) Purposes.--Under the SmartWay Financing Program, eligible
entities shall--
``(1) use funds awarded by the Administrator to provide
flexible loan and/or lease terms that increase approval rates
or lower the costs of loans and/or leases in accordance with
guidance developed by the Administrator;
``(2) make such loans and/or leases available to public and
private entities for the purpose of adopting low-greenhouse gas
technologies or strategies for the mobile source sector that
are designated by the Administrator; and
``(3) use funds provided by the Administrator for
electrification of freight transportation systems in major
national goods movement corridors, giving priority to
electrification of transportation systems in areas that are
gateways for high volumes of international and national freight
transport and require substantial criteria pollutant emission
reductions in order to attain national ambient air quality
standards.
``(g) Program Requirements.--The Administrator shall determine
program design elements and requirements, including--
``(1) the type of financial mechanism with which to award
funding, in the form of grants and/or contracts;
``(2) the designation of eligible entities to receive
funding, such as State, tribal, and local governments, regional
organizations comprised of governmental units, nonprofit
organizations, or for-profit companies;
``(3) criteria for evaluating applications from eligible
entities, including anticipated--
``(A) cost-effectiveness of loan or lease program
on a metric-ton-of-greenhouse gas-saved-per-dollar
basis; and
``(B) ability to promote the loan or lease program
and associated technologies and strategies to the
target audience; and
``(4) reporting requirements for entities that receive
awards, including--
``(A) actual cost-effectiveness and greenhouse gas
savings from the loan or lease program based on a
methodology designated by the Administrator;
``(B) the total number of applications and number
of approved applications; and
``(C) terms granted to loan and lease recipients
compared to prevailing market practices and/or rates.
``(h) Authorization of Appropriations.--Such sums as necessary are
authorized to be appropriated to the Administrator to carry out this
section.''.
Subtitle B--Carbon Capture and Sequestration
SEC. 121. NATIONAL STRATEGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with the Secretary of
Energy, the Secretary of the Interior, and the heads of such other
relevant Federal agencies as the President may designate, shall submit
to Congress a report establishing a unified and comprehensive strategy
to address the key legal, regulatory, and other barriers to the
commercial-scale deployment of carbon capture and storage.
(b) Barriers.--The report under this section shall--
(1) identify the regulatory, legal, and other gaps and
barriers that--
(A) could be addressed by a Federal agency using
existing statutory authority;
(B) require Federal legislation, if any; or
(C) would be best addressed at the State, tribal,
or regional level;
(2) identify regulatory implementation challenges,
including challenges relating to approval of State and tribal
programs and delegation of authority for permitting; and
(3) recommend rulemakings, Federal legislation, or other
actions that should be taken to further evaluate and address
those barriers.
(c) Finding.--Congress finds that it is in the public interest to
achieve widespread, commercial-scale deployment of carbon capture and
storage in the United States and throughout Asia before January 1,
2030.
SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRATION SITES.
(a) Coordinated Certification and Permitting Process.--Part A of
title VIII of the Clean Air Act (as amended by section 124 of this
division) is amended by adding at the end the following:
``SEC. 813. GEOLOGICAL STORAGE SITES.
``(a) Coordinated Process.--
``(1) In general.--The Administrator shall establish a
coordinated approach to certifying and permitting geological
storage, taking into consideration all relevant statutory
authorities.
``(2) Requirements.--In establishing such approach, the
Administrator shall--
``(A) take into account, and reduce redundancy
with, the requirements of section 1421 of the Safe
Drinking Water Act (42 U.S.C. 300h), including the
rulemaking for geological storage wells described in
the proposed rule entitled `Federal Requirements Under
the Underground Injection Control (UIC) Program for
Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells'
(73 Fed. Reg. 43492 (July 25, 2008)); and
``(B) to the maximum extent practicable, reduce the
burden on certified entities and implementing
authorities.
``(b) Regulations.--Not later than 2 years after the date of
enactment of this title, the Administrator shall promulgate regulations
to protect human health and the environment by minimizing the risk of
escape to the atmosphere of carbon dioxide injected for purposes of
geological storage.
``(c) Requirements.--The regulations under subsection (b) shall
include--
``(1) a process to obtain certification for geological
storage under this section; and
``(2) requirements for--
``(A) monitoring, recordkeeping, and reporting for
emissions associated with injection into, and escape
from, geological storage sites, taking into account any
requirements or protocols developed under section 713;
``(B) public participation in the certification
process that maximizes transparency;
``(C) the sharing of data among States, Indian
tribes, and the Environmental Protection Agency; and
``(D) other elements or safeguards necessary to
achieve the purpose described in subsection (b).
``(d) Report.--
``(1) In general.--Not later than 2 years after the date of
promulgation of regulations pursuant to subsection (b), and not
less frequently than once every 3 years thereafter, the
Administrator shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing
geological storage in the United States, and, to the extent
relevant, other countries in North America.
``(2) Inclusions.--Each report under paragraph (1) shall
include--
``(A) data regarding injection, emissions to the
atmosphere, if any, and performance of active and
closed geological storage sites, including those at
which enhanced hydrocarbon recovery operations occur;
``(B) an evaluation of the performance of relevant
Federal environmental regulations and programs in
ensuring environmentally protective geological storage
practices;
``(C) recommendations on how those programs and
regulations should be improved or made more effective;
and
``(D) other relevant information.''.
(b) Safe Drinking Water Act Standards.--Section 1421 of the Safe
Drinking Water Act (42 U.S.C. 300h) is amended by adding at the end the
following:
``(e) Carbon Dioxide Geological Storage Wells.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall
promulgate regulations under subsection (a) for carbon dioxide
geological storage wells.
``(2) Financial responsibility.--
``(A) In general.--The regulations under paragraph
(1) shall include requirements for maintaining evidence
of financial responsibility, including financial
responsibility for emergency and remedial response,
well plugging, site closure, and post-injection site
care.
``(B) Regulations.--Financial responsibility may be
established for carbon dioxide geological wells in
accordance with regulations promulgated by the
Administrator by any 1, or any combination, of the
following:
``(i) Insurance.
``(ii) Guarantee.
``(iii) Trust.
``(iv) Standby trust.
``(v) Surety bond.
``(vi) Letter of credit.
``(vii) Qualification as a self-insurer.
``(viii) Any other method satisfactory to
the Administrator.''.
SEC. 123. STUDIES AND REPORTS.
(a) Study of Legal Framework for Geological Storage Sites.--
(1) Establishment of task force.--
(A) In general.--As soon as practicable, but not
later than 180 days after the date of enactment of this
Act, the Administrator shall establish a task force, to
be composed of an equal number of--
(i) subject matter experts;
(ii) nongovernmental organizations with
expertise regarding environmental policy;
(iii) academic experts with expertise in
environmental law;
(iv) State and tribal officials with
environmental expertise;
(v) representatives of State and tribal
attorneys general;
(vi) representatives of the Environmental
Protection Agency, the Department of the
Interior, the Department of Energy, the
Department of Transportation, and other
relevant Federal agencies; and
(vii) members of the private sector.
(B) Study.--The task force established under
subparagraph (A) shall conduct a study of--
(i) existing Federal environmental
statutes, State environmental statutes, and
State common law that apply to geological
storage sites for carbon dioxide, including the
ability of those laws to serve as risk
management tools;
(ii) the existing statutory framework,
including Federal and State laws, that apply to
harm and damage to the environment or public
health at closed sites at which carbon dioxide
injection has been used for enhanced
hydrocarbon recovery;
(iii) the statutory framework,
environmental health and safety considerations,
implementation issues, and financial
implications of potential models for Federal,
State, or private sector assumption of
liabilities and financial responsibilities with
respect to closed geological storage sites;
(iv) private sector mechanisms, including
insurance and bonding, that may be available to
manage environmental, health, and safety risks
from closed geological storage sites; and
(v) the subsurface mineral rights, water
rights, and property rights issues associated
with geological storage of carbon dioxide,
including issues specific to Federal land.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the task force established under
paragraph (1)(A) shall submit to Congress a report describing
the results of the study conducted under that paragraph,
including any consensus recommendations of the task force.
(b) Environmental Statutes.--
(1) Study.--The Administrator shall conduct a study of the
means by which, and under what circumstances, the environmental
statutes for which the Environmental Protection Agency has
responsibility would apply to carbon dioxide injection and
geological storage activities.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study conducted
under paragraph (1).
SEC. 124. PERFORMANCE STANDARDS FOR COAL-FUELED POWER PLANTS.
(a) In General.--Part A of title VIII of the Clean Air Act (as
added by section 121 of division B) is amended by adding at the end the
following:
``SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL-FIRED POWER PLANTS.
``(a) Definitions.--For purposes of this section:
``(1) Covered egu.--The term `covered EGU' means a utility
unit that is required to have a permit under section 503(a) and
is authorized under State or Federal law to derive at least 30
percent of its annual heat input from coal, petroleum coke, or
any combination of these fuels.
``(2) Initially permitted.--The term `initially permitted'
means that the owner or operator has received a preconstruction
approval or permit under this Act, for the covered EGU as a new
(not a modified) source, but administrative review or appeal of
such approval or permit has not been exhausted. A subsequent
modification of any such approval or permits, ongoing
administrative or court review, appeals, or challenges, or the
existence or tolling of any time to pursue further review,
appeals, or challenges shall not affect the date on which a
covered EGU is considered to be initially permitted under this
paragraph.
``(b) Standards.--(1) A covered EGU that is initially permitted on
or after January 1, 2020, shall achieve an emission limit that is a 65
percent reduction in emissions of the carbon dioxide produced by the
unit, as measured on an annual basis, or meet such more stringent
standard as the Administrator may establish pursuant to subsection (c).
``(2) A covered EGU that is initially permitted after January 1,
2009, and before January 1, 2020, shall, by the applicable compliance
date established under this paragraph, achieve an emission limit that
is a 50 percent reduction in emissions of the carbon dioxide produced
by the unit, as measured on an annual basis. Compliance with the
requirement set forth in this paragraph shall be required by the
earliest of the following:
``(A) Four years after the date the Administrator has
published pursuant to subsection (d) a report that there are in
commercial operation in the United States electric generating
units or other stationary sources equipped with carbon capture
and sequestration technology that, in the aggregate--
``(i) have a total of at least 4 gigawatts of
nameplate generating capacity of which--
``(I) at least 3 gigawatts must be electric
generating units; and
``(II) up to 1 gigawatt may be industrial
applications, for which capture and
sequestration of 3,000,000 tons of carbon
dioxide per year on an aggregate annualized
basis shall be considered equivalent to 1
gigawatt;
``(ii) include at least 2 electric generating
units, each with a nameplate generating capacity of 250
megawatts or greater, that capture, inject, and
sequester carbon dioxide into geologic formations other
than oil and gas fields; and
``(iii) are capturing and sequestering in the
aggregate at least 12,000,000 tons of carbon dioxide
per year, calculated on an aggregate annualized basis.
``(B) January 1, 2025.
``(3) If the deadline for compliance with paragraph (2) is January
1, 2025, the Administrator may extend the deadline for compliance by a
covered EGU by up to 18 months if the Administrator makes a
determination, based on a showing by the owner or operator of the unit,
that it will be technically infeasible for the unit to meet the
standard by the deadline. The owner or operator must submit a request
for such an extension by no later than January 1, 2022, and the
Administrator shall provide for public notice and comment on the
extension request.
``(c) Review and Revision of Standards.--Not later than 2025 and at
5-year intervals thereafter, the Administrator shall review the
standards for new covered EGUs under this section and shall, by rule,
reduce the maximum carbon dioxide emission rate for new covered EGUs to
a rate which reflects the degree of emission limitation achievable
through the application of the best system of emission reduction which
(taking into account the cost of achieving such reduction and any
nonair quality health and environmental impact and energy requirements)
the Administrator determines has been adequately demonstrated.
``(d) Reports.--Not later than 18 months after the date of
enactment of this title and semiannually thereafter, the Administrator
shall publish a report on the nameplate capacity of units (determined
pursuant to subsection (b)(2)(A)) in commercial operation in the United
States equipped with carbon capture and sequestration technology,
including the information described in subsection (b)(2)(A) (including
the cumulative generating capacity to which carbon capture and
sequestration retrofit projects meeting the criteria described in
section 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the
quantities of carbon dioxide captured and sequestered by such
projects).
``(e) Regulations.--Not later than 2 years after the date of
enactment of this title, the Administrator shall promulgate regulations
to carry out the requirements of this section.''.
SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEMONSTRATION AND EARLY
DEPLOYMENT PROGRAM.
(a) Definitions.--For purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Distribution utility.--The term ``distribution
utility'' means an entity that distributes electricity directly
to retail consumers under a legal, regulatory, or contractual
obligation to do so.
(3) Electric utility.--The term ``electric utility'' has
the meaning provided by section 3 of the Federal Power Act (16
U.S.C. 796).
(4) Fossil fuel-based electricity.--The term ``fossil fuel-
based electricity'' means electricity that is produced from the
combustion of fossil fuels.
(5) Fossil fuel.--The term ``fossil fuel'' means coal,
petroleum, natural gas or any derivative of coal, petroleum, or
natural gas.
(6) Corporation.--The term ``Corporation'' means the Carbon
Storage Research Corporation established in accordance with
this section.
(7) Qualified industry organization.--The term ``qualified
industry organization'' means the Edison Electric Institute,
the American Public Power Association, the National Rural
Electric Cooperative Association, a successor organization of
such organizations, or a group of owners or operators of
distribution utilities delivering fossil fuel-based electricity
who collectively represent at least 20 percent of the volume of
fossil fuel-based electricity delivered by distribution
utilities to consumers in the United States.
(8) Retail consumer.--The term ``retail consumer'' means an
end-user of electricity.
(b) Carbon Storage Research Corporation.--
(1) Establishment.--
(A) Referendum.--Qualified industry organizations
may conduct, at their own expense, a referendum among
the owners or operators of distribution utilities
delivering fossil fuel-based electricity for the
creation of a Carbon Storage Research Corporation. Such
referendum shall be conducted by an independent
auditing firm agreed to by the qualified industry
organizations. Voting rights in such referendum shall
be based on the quantity of fossil fuel-based
electricity delivered to consumers in the previous
calendar year or other representative period as
determined by the Secretary pursuant to subsection (f).
Upon approval of those persons representing two-thirds
of the total quantity of fossil fuel-based electricity
delivered to retail consumers, the Corporation shall be
established unless opposed by the State regulatory
authorities pursuant to subparagraph (B). All
distribution utilities voting in the referendum shall
certify to the independent auditing firm the quantity
of fossil fuel-based electricity represented by their
vote.
(B) State regulatory authorities.--Upon its own
motion or the petition of a qualified industry
organization, each State regulatory authority shall
consider its support or opposition to the creation of
the Corporation under subparagraph (A). State
regulatory authorities may notify the independent
auditing firm referred to in subparagraph (A) of their
views on the creation of the Corporation within 180
days after the date of enactment of this Act. If 40
percent or more of the State regulatory authorities
submit to the independent auditing firm written notices
of opposition, the Corporation shall not be established
notwithstanding the approval of the qualified industry
organizations as provided in subparagraph (A).
(2) Termination.--The Corporation shall be authorized to
collect assessments and conduct operations pursuant to this
section for a 10-year period from the date 6 months after the
date of enactment of this Act. After such 10-year period, the
Corporation is no longer authorized to collect assessments and
shall be dissolved on the date 15 years after such date of
enactment, unless the period is extended by an Act of Congress.
(3) Governance.--The Corporation shall operate as a
division or affiliate of the Electric Power Research Institute
(referred to in this section as ``EPRI'') and be managed by a
Board of not more than 15 voting members responsible for its
operations, including compliance with this section. EPRI, in
consultation with the Edison Electric Institute, the American
Public Power Association and the National Rural Electric
Cooperative Association shall appoint the Board members under
clauses (i), (ii), and (iii) of subparagraph (A) from among
candidates recommended by those organizations. At least a
majority of the Board members appointed by EPRI shall be
representatives of distribution utilities subject to
assessments under subsection (d).
(A) Members.--The Board shall include at least 1
representative of each of the following:
(i) Investor-owned utilities.
(ii) Utilities owned by a State agency, a
municipality, and an Indian tribe.
(iii) Rural electric cooperatives.
(iv) Fossil fuel producers.
(v) Nonprofit environmental organizations.
(vi) Independent generators or wholesale
power providers.
(vii) Consumer groups.
(viii) The National Energy Technology
laboratory of the Department of Energy.
(ix) The Environmental Protection Agency.
(B) Nonvoting members.--The Board shall also
include as additional nonvoting Members the Secretary
of Energy or his designee and 2 representatives of
State regulatory authorities as defined in section 3 of
the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602), each designated by the National
Association of State Regulatory Utility Commissioners
from States that are not within the same transmission
interconnection.
(4) Compensation.--Corporation Board members shall receive
no compensation for their services, nor shall Corporation Board
members be reimbursed for expenses relating to their service.
(5) Terms.--Corporation Board members shall serve terms of
4 years and may serve not more than 2 full consecutive terms.
Members filling unexpired terms may serve not more than a total
of 8 consecutive years. Former members of the Corporation Board
may be reappointed to the Corporation Board if they have not
been members for a period of 2 years. Initial appointments to
the Corporation Board shall be for terms of 1, 2, 3, and 4
years, staggered to provide for the selection of 3 members each
year.
(6) Status of corporation.--The Corporation shall not be
considered to be an agency, department, or instrumentality of
the United States, and no officer or director or employee of
the Corporation shall be considered to be an officer or
employee of the United States Government, for purposes of title
5 or title 31 of the United States Code, or for any other
purpose, and no funds of the Corporation shall be treated as
public money for purposes of chapter 33 of title 31, United
States Code, or for any other purpose.
(c) Functions and Administration of the Corporation.--
(1) In general.--The Corporation shall establish and
administer a program to accelerate the commercial availability
of carbon dioxide capture and storage technologies and methods,
including technologies which capture and store, or capture and
convert, carbon dioxide. Under such program competitively
awarded grants, contracts, and financial assistance shall be
provided and entered into with eligible entities. Except as
provided in paragraph (8), the Corporation shall use all funds
derived from assessments under subsection (d) to issue grants
and contracts to eligible entities.
(2) Purpose.--The purposes of the grants, contracts, and
assistance under this subsection shall be to support
commercial-scale demonstrations of carbon capture or storage
technology projects capable of advancing the technologies to
commercial readiness. Such projects should encompass a range of
different coal and other fossil fuel varieties, be
geographically diverse, involve diverse storage media, and
employ capture or storage, or capture and conversion,
technologies potentially suitable either for new or for
retrofit applications. The Corporation shall seek, to the
extent feasible, to support at least 5 commercial-scale
demonstration projects integrating carbon capture and
sequestration or conversion technologies.
(3) Eligible entities.--Entities eligible for grants,
contracts or assistance under this subsection may include
distribution utilities, electric utilities and other private
entities, academic institutions, national laboratories, Federal
research agencies, State and tribal research agencies,
nonprofit organizations, or consortiums of 2 or more entities.
Pilot-scale and similar small-scale projects are not eligible
for support by the Corporation. Owners or developers of
projects supported by the Corporation shall, where appropriate,
share in the costs of such projects. Projects supported by the
Corporation shall meet the eligibility criteria of section
780(b) of the Clean Air Act.
(4) Grants for early movers.--Fifty percent of the funds
raised under this section shall be provided in the form of
grants to electric utilities that had, prior to the award of
any grant under this section, committed resources to deploy a
large scale electricity generation unit with integrated carbon
capture and sequestration or conversion applied to a
substantial portion of the unit's carbon dioxide emissions.
Grant funds shall be provided to defray costs incurred by such
electricity utilities for at least 5 such electricity
generation units.
(5) Administration.--The members of the Board of Directors
of the Corporation shall elect a Chairman and other officers as
necessary, may establish committees and subcommittees of the
Corporation, and shall adopt rules and bylaws for the conduct
of business and the implementation of this section. The Board
shall appoint an Executive Director and professional support
staff who may be employees of the Electric Power Research
Institute (EPRI). After consultation with the Technical
Advisory Committee established under subsection (j), the
Secretary, and the Director of the National Energy Technology
Laboratory to obtain advice and recommendations on plans,
programs, and project selection criteria, the Board shall
establish priorities for grants, contracts, and assistance;
publish requests for proposals for grants, contracts, and
assistance; and award grants, contracts, and assistance
competitively, on the basis of merit, after the establishment
of procedures that provide for scientific peer review by the
Technical Advisory Committee. The Board shall give preference
to applications that reflect the best overall value and
prospect for achieving the purposes of the section, such as
those which demonstrate an integrated approach for capture and
storage or capture and conversion technologies. The Board
members shall not participate in making grants or awards to
entities with whom they are affiliated.
(6) Uses of grants, contracts, and assistance.--A grant,
contract, or other assistance provided under this subsection
may be used to purchase carbon dioxide when needed to conduct
tests of carbon dioxide storage sites, in the case of
established projects that are storing carbon dioxide emissions,
or for other purposes consistent with the purposes of this
section. The Corporation shall make publicly available at no
cost information learned as a result of projects which it
supports financially.
(7) Intellectual property.--The Board shall establish
policies regarding the ownership of intellectual property
developed as a result of Corporation grants and other forms of
technology support. Such policies shall encourage individual
ingenuity and invention.
(8) Administrative expenses.--Up to 5 percent of the funds
collected in any fiscal year under subsection (d) may be used
for the administrative expenses of operating the Corporation
(not including costs incurred in the determination and
collection of the assessments pursuant to subsection (d)).
(9) Programs and budget.--Before August 1 each year, the
Corporation, after consulting with the Technical Advisory
Committee and the Secretary and the Director of the
Department's National Energy Technology Laboratory and other
interested parties to obtain advice and recommendations, shall
publish for public review and comment its proposed plans,
programs, project selection criteria, and projects to be funded
by the Corporation for the next calendar year. The Corporation
shall also publish for public review and comment a budget plan
for the next calendar year, including the probable costs of all
programs, projects, and contracts and a recommended rate of
assessment sufficient to cover such costs. The Secretary may
recommend programs and activities the Secretary considers
appropriate. The Corporation shall include in the first
publication it issues under this paragraph a strategic plan or
roadmap for the achievement of the purposes of the Corporation,
as set forth in paragraph (2).
(10) Records; audits.--The Corporation shall keep minutes,
books, and records that clearly reflect all of the acts and
transactions of the Corporation and make public such
information. The books of the Corporation shall be audited by a
certified public accountant at least once each fiscal year and
at such other times as the Corporation may designate. Copies of
each audit shall be provided to the Congress, all Corporation
board members, all qualified industry organizations, each State
regulatory authority and, upon request, to other members of the
industry. If the audit determines that the Corporation's
practices fail to meet generally accepted accounting principles
the assessment collection authority of the Corporation under
subsection (d) shall be suspended until a certified public
accountant renders a subsequent opinion that the failure has
been corrected. The Corporation shall make its books and
records available for review by the Secretary or the
Comptroller General of the United States.
(11) Public access.--The Corporation Board's meetings shall
be open to the public and shall occur after at least 30 days
advance public notice. Meetings of the Board of Directors may
be closed to the public where the agenda of such meetings
includes only confidential matters pertaining to project
selection, the award of grants or contracts, personnel matters,
or the receipt of legal advice. The minutes of all meetings of
the Corporation shall be made available to and readily
accessible by the public.
(12) Annual report.--Each year the Corporation shall
prepare and make publicly available a report which includes an
identification and description of all programs and projects
undertaken by the Corporation during the previous year. The
report shall also detail the allocation or planned allocation
of Corporation resources for each such program and project. The
Corporation shall provide its annual report to the Congress,
the Secretary, each State regulatory authority, and upon
request to the public. The Secretary shall, not less than 60
days after receiving such report, provide to the President and
Congress a report assessing the progress of the Corporation in
meeting the objectives of this section.
(d) Assessments.--
(1) Amount.--(A) In all calendar years following its
establishment, the Corporation shall collect an assessment on
distribution utilities for all fossil fuel-based electricity
delivered directly to retail consumers (as determined under
subsection (f)). The assessments shall reflect the relative
carbon dioxide emission rates of different fossil fuel-based
electricity, and initially shall be not less than the following
amounts for coal, natural gas, and oil:
Fuel type Rate of assessment per kilowatt
hour
Coal................................ $0.00043
Natural Gas......................... $0.00022
Oil................................. $0.00032.
(B) The Corporation is authorized to adjust the assessments
on fossil fuel-based electricity to reflect changes in the
expected quantities of such electricity from different fuel
types, such that the assessments generate not less than $1.0
billion and not more than $1.1 billion annually. The
Corporation is authorized to supplement assessments through
additional financial commitments.
(2) Investment of funds.--Pending disbursement pursuant to
a program, plan, or project, the Corporation may invest funds
collected through assessments under this subsection, and any
other funds received by the Corporation, only in obligations of
the United States or any agency thereof, in general obligations
of any State or any political subdivision thereof, in any
interest-bearing account or certificate of deposit of a bank
that is a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by
the United States.
(3) Reversion of unused funds.--If the Corporation does not
disburse, dedicate or assign 75 percent or more of the
available proceeds of the assessed fees in any calendar year 7
or more years following its establishment, due to an absence of
qualified projects or similar circumstances, it shall reimburse
the remaining undedicated or unassigned balance of such fees,
less administrative and other expenses authorized by this
section, to the distribution utilities upon which such fees
were assessed, in proportion to their collected assessments.
(e) ERCOT.--
(1) Assessment, collection, and remittance.--(A)
Notwithstanding any other provision of this section, within
ERCOT, the assessment provided for in subsection (d) shall be--
(i) levied directly on qualified scheduling
entities, or their successor entities;
(ii) charged consistent with other charges imposed
on qualified scheduling entities as a fee on energy
used by the load-serving entities; and
(iii) collected and remitted by ERCOT to the
Corporation in the amounts and in the same manner as
set forth in subsection (d).
(B) The assessment amounts referred to in subparagraph (A)
shall be--
(i) determined by the amount and types of fossil
fuel-based electricity delivered directly to all retail
customers in the prior calendar year beginning with the
year ending immediately prior to the period described
in subsection (b)(2); and
(ii) take into account the number of renewable
energy credits retired by the load-serving entities
represented by a qualified scheduling entity within the
prior calendar year.
(2) Administration expenses.--Up to 1 percent of the funds
collected in any fiscal year by ERCOT under the provisions of
this subsection may be used for the administrative expenses
incurred in the determination, collection and remittance of the
assessments to the Corporation.
(3) Audit.--ERCOT shall provide a copy of its annual audit
pertaining to the administration of the provisions of this
subsection to the Corporation.
(4) Definitions.--For the purposes of this subsection:
(A) The term ``ERCOT'' means the Electric
Reliability Council of Texas.
(B) The term ``load-serving entities'' has the
meaning adopted by ERCOT Protocols and in effect on the
date of enactment of this Act.
(C) The term ``qualified scheduling entities'' has
the meaning adopted by ERCOT Protocols and in effect on
the date of enactment of this Act.
(D) The term ``renewable energy credit'' has the
meaning as promulgated and adopted by the Public
Utility Commission of Texas pursuant to section
39.904(b) of the Public Utility Regulatory Act of 1999,
and in effect on the date of enactment of this Act.
(f) Determination of Fossil Fuel-Based Electricity Deliveries.--
(1) Findings.--The Congress finds that:
(A) The assessments under subsection (d) are to be
collected based on the amount of fossil fuel-based
electricity delivered by each distribution utility.
(B) Since many distribution utilities purchase all
or part of their retail consumer's electricity needs
from other entities, it may not be practical to
determine the precise fuel mix for the power sold by
each individual distribution utility.
(C) It may be necessary to use average data, often
on a regional basis with reference to Regional
Transmission Organization (``RTO'') or NERC regions, to
make the determinations necessary for making
assessments.
(2) DOE proposed rule.--The Secretary, acting in close
consultation with the Energy Information Administration, shall
issue for notice and comment a proposed rule to determine the
level of fossil fuel electricity delivered to retail customers
by each distribution utility in the United States during the
most recent calendar year or other period determined to be most
appropriate. Such proposed rule shall balance the need to be
efficient, reasonably precise, and timely, taking into account
the nature and cost of data currently available and the nature
of markets and regulation in effect in various regions of the
country. Different methodologies may be applied in different
regions if appropriate to obtain the best balance of such
factors.
(3) Final rule.--Within 6 months after the date of
enactment of this Act, and after opportunity for comment, the
Secretary shall issue a final rule under this subsection for
determining the level and type of fossil fuel-based electricity
delivered to retail customers by each distribution utility in
the United States during the appropriate period. In issuing
such rule, the Secretary may consider opportunities and costs
to develop new data sources in the future and issue
recommendations for the Energy Information Administration or
other entities to collect such data. After notice and
opportunity for comment the Secretary may, by rule,
subsequently update and modify the methodology for making such
determinations.
(4) Annual determinations.--Pursuant to the final rule
issued under paragraph (3), the Secretary shall make annual
determinations of the amounts and types for each such utility
and publish such determinations in the Federal Register. Such
determinations shall be used to conduct the referendum under
subsection (b) and by the Corporation in applying any
assessment under this subsection.
(5) Rehearing and judicial review.--The owner or operator
of any distribution utility that believes that the Secretary
has misapplied the methodology in the final rule in determining
the amount and types of fossil fuel electricity delivered by
such distribution utility may seek rehearing of such
determination within 30 days of publication of the
determination in the Federal Register. The Secretary shall
decide such rehearing petitions within 30 days. The Secretary's
determinations following rehearing shall be final and subject
to judicial review in the United States Court of Appeals for
the District of Columbia.
(g) Compliance With Corporation Assessments.--The Corporation may
bring an action in the appropriate court of the United States to compel
compliance with an assessment levied by the Corporation under this
section. A successful action for compliance under this subsection may
also require payment by the defendant of the costs incurred by the
Corporation in bringing such action.
(h) Midcourse Review.--Not later than 5 years following
establishment of the Corporation, the Comptroller General of the United
States shall prepare an analysis, and report to Congress, assessing the
Corporation's activities, including project selection and methods of
disbursement of assessed fees, impacts on the prospects for
commercialization of carbon capture and storage technologies, adequacy
of funding, and administration of funds. The report shall also make
such recommendations as may be appropriate in each of these areas. The
Corporation shall reimburse the Government Accountability Office for
the costs associated with performing this midcourse review.
(i) Recovery of Costs.--
(1) In general.--A distribution utility whose transmission,
delivery, or sales of electric energy are subject to any form
of rate regulation shall not be denied the opportunity to
recover the full amount of the prudently incurred costs
associated with complying with this section, consistent with
applicable State or Federal law.
(2) Ratepayer rebates.--Regulatory authorities that approve
cost recovery pursuant to paragraph (1) may order rebates to
ratepayers to the extent that distribution utilities are
reimbursed undedicated or unassigned balances pursuant to
subsection (d)(3).
(j) Technical Advisory Committee.--
(1) Establishment.--There is established an advisory
committee, to be known as the ``Technical Advisory Committee''.
(2) Membership.--The Technical Advisory Committee shall be
comprised of not less than 7 members appointed by the Board
from among academic institutions, national laboratories,
independent research institutions, and other qualified
institutions. No member of the Committee shall be affiliated
with EPRI or with any organization having members serving on
the Board. At least one member of the Committee shall be
appointed from among officers or employees of the Department of
Energy recommended to the Board by the Secretary of Energy.
(3) Chairperson and vice chairperson.--The Board shall
designate one member of the Technical Advisory Committee to
serve as Chairperson of the Committee and one to serve as Vice
Chairperson of the Committee.
(4) Compensation.--The Board shall provide compensation to
members of the Technical Advisory Committee for travel and
other incidental expenses and such other compensation as the
Board determines to be necessary.
(5) Purpose.--The Technical Advisory Committee shall
provide independent assessments and technical evaluations, as
well as make non-binding recommendations to the Board,
concerning Corporation activities, including but not limited to
the following:
(A) Reviewing and evaluating the Corporation's
plans and budgets described in subsection (c)(9), as
well as any other appropriate areas, which could
include approaches to prioritizing technologies,
appropriateness of engineering techniques, monitoring
and verification technologies for storage, geological
site selection, and cost control measures.
(B) Making annual non-binding recommendations to
the Board concerning any of the matters referred to in
subparagraph (A), as well as what types of investments,
scientific research, or engineering practices would
best further the goals of the Corporation.
(6) Public availability.--All reports, evaluations, and
other materials of the Technical Advisory Committee shall be
made available to the public by the Board, without charge, at
time of receipt by the Board.
(k) Lobbying Restrictions.--No funds collected by the Corporation
shall be used in any manner for influencing legislation or elections,
except that the Corporation may recommend to the Secretary and the
Congress changes in this section or other statutes that would further
the purposes of this section.
(l) Davis-Bacon Compliance.--The Corporation shall ensure that
entities receiving grants, contracts, or other financial support from
the Corporation for the project activities authorized by this section
are in compliance with subchapter IV of chapter 31 of title 40, United
States Code (commonly known as the ``Davis-Bacon Act'').
Subtitle C--Nuclear and Advanced Technologies
SEC. 131. FINDINGS AND POLICY.
(a) Findings.--Congress finds that--
(1) in 2008, 104 nuclear power plants produced 19.6 percent
of the electricity generated in the United States, slightly
less than the electricity generated by natural gas;
(2) nuclear energy is the largest provider of clean, low-
carbon, electricity, almost 8 times larger than all renewable
power production combined, excluding hydroelectric power;
(3) nuclear energy supplies consistent, base-load
electricity, independent of environmental conditions;
(4) by displacing fossil fuels that would otherwise be used
for electricity production, nuclear power plants virtually
eliminate emissions of greenhouse gases and criteria pollutants
associated with acid rain, smog, or ozone;
(5) nuclear power generation continues to require robust
efforts to address issues of safety, waste, and proliferation;
(6) even if every nuclear plant is granted a 20-year
extension, all currently operating nuclear plants will be
retired by 2055;
(7) long lead times for nuclear power plant construction
indicate that action to stimulate the nuclear power industry
should not be delayed;
(8) the high upfront capital costs of nuclear plant
construction remain a substantial obstacle, despite theoretical
potential for significant cost reduction;
(9) translating theoretical cost reduction potential into
actual reduced construction costs remains a significant
industry challenge that can be overcome only through
demonstrated performance;
(10) as of January 2009, 17 companies and consortia have
submitted applications to the Nuclear Regulatory Commission for
26 new reactors in the United States;
(11) those proposed reactors will use the latest in nuclear
technology for efficiency and safety, more advanced than the
technology of the 1960s and 1970s found in the reactors
currently operating in the United States;
(12) increased resources for the Nuclear Regulatory
Commission and reform of the licensing process have improved
the safety and timeliness of the regulatory environment;
(13) the United States has not built a new reactor since
the 1970s and, as a result, will need to revitalize and retool
the institutions and infrastructure necessary to construct,
maintain, and support new reactors, including improvements in
manufacturing of nuclear components and training for the next
generation nuclear workforce; and
(14) those new reactors will launch a new era for the
nuclear industry, and translate into tens of thousands of jobs.
(b) Statement of Policy.--It is the policy of the United States,
given the importance of transitioning to a clean energy, low-carbon
economy, to facilitate the continued development and growth of a safe
and clean nuclear energy industry, through--
(1) reductions in financial and technical barriers to
construction and operation; and
(2) incentives for the development of a well-trained
workforce and the growth of safe domestic nuclear and nuclear-
related industries.
SEC. 132. NUCLEAR WORKER TRAINING.
(a) Definition of Applicable Period.--In this section, the term
``applicable period'' means--
(1) the 5-year period beginning on January 1, 2012; and
(2) each 5-year period beginning on each January 1
thereafter.
(b) Use of Funds.--Of amounts made available to carry out this
section for the calendar years in each applicable period--
(1) the Secretary of Energy shall use such amounts for each
applicable period as the Secretary of Energy determines to be
necessary to increase the number and amounts of nuclear science
talent expansion grants and nuclear science competitiveness
grants provided under section 5004 of the America COMPETES Act
(42 U.S.C. 16532); and
(2) the Secretary of Labor, in consultation with nuclear
energy entities and organized labor, shall use such amounts for
each applicable period as the Secretary of Labor determines to
be necessary to carry out programs expanding workforce training
to meet the high demand for workers skilled in nuclear power
plant construction and operation, including programs for--
(A) electrical craft certification;
(B) preapprenticeship career technical education
for industrialized skilled crafts that are useful in
the construction of nuclear power plants;
(C) community college and skill center training for
nuclear power plant technicians;
(D) training of construction management personnel
for nuclear power plant construction projects; and
(E) regional grants for integrated nuclear energy
workforce development programs.
SEC. 133. NUCLEAR SAFETY AND WASTE MANAGEMENT PROGRAMS.
(a) Nuclear Facility Long-Term Operations Research and Development
Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary of Energy (referred to
in this section as the ``Secretary'') shall establish a
research and development program--
(A) to address the reliability, availability,
productivity, component aging, safety, and security of
nuclear power plants;
(B) to improve the performance of nuclear power
plants;
(C) to sustain the health and safety of employees
of nuclear power plants;
(D) to assess the feasibility of nuclear power
plants to continue to provide clean and economic
electricity safely, substantially beyond the first
license extension period of the nuclear power plants,
which will--
(i) significantly contribute to the energy
security of the United States; and
(ii) help protect the environment of the
United States; and
(E) to support significant carbon reductions, lower
overall costs that are required to reduce carbon
emissions, and increase energy security.
(2) Conduct of program.--
(A) In general.--In carrying out the program
established under paragraph (1), the Secretary shall--
(i) build a fundamental scientific basis to
understand, predict, and measure changes in
materials, systems, structures, equipment, and
components as the materials, systems,
structures, equipment, and components age
through continued operations in long-term
service environments;
(ii) develop new safety analysis tools and
methods to enhance the performance and safety
of nuclear power plants;
(iii) develop advanced online monitoring,
control, and diagnostics technologies to
prevent equipment failures and improve the
safety of nuclear power plants;
(iv) establish a technical basis for
advanced fuel designs (including silicon
carbide fuel cladding) to increase the safety
margins of nuclear power plants; and
(v) examine issues, including--
(I) issues relating to material
degradation, plant aging, and
technology upgrades; and
(II) any other issue that would
impact decisions to extend the lifespan
of nuclear power plants.
(B) Technical support.--In carrying out the program
established under paragraph (1), the Secretary shall
provide to the Chairman of the Nuclear Regulatory
Commission information collected under the program--
(i) to help ensure informed decisions
regarding the extension of the life of nuclear
power plants beyond a 60-year lifespan; and
(ii) for the licensing and long-term
management, and safe and economical operation,
of nuclear power plants.
(b) Spent Nuclear Waste Disposal Research and Development
Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
research and development program to improve the understanding
of nuclear spent fuel management and the entire nuclear fuel
cycle life.
(2) Conduct of program.--In carrying out the program
established under paragraph (1), the Secretary shall carry out
science-based research and development activities to pursue
dramatic improvements in a range of nuclear spent fuel
management options, including short-term and long-term storage
and disposal, and proliferation-resistant nuclear spent fuel
recycling.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle D--Water Efficiency
SEC. 141. WATERSENSE.
(a) In General.--There is established within the Environmental
Protection Agency a WaterSense program to identify and promote water-
efficient products, buildings, landscapes, facilities, processes, and
services, so as--
(1) to reduce water use;
(2) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(3) to conserve energy used to pump, heat, transport, and
treat water; and
(4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications
about, products, buildings, landscapes, facilities, processes,
and services that meet the highest water efficiency and
performance criteria.
(b) Duties.--The Administrator shall--
(1) establish--
(A) a WaterSense label to be used for certain
items; and
(B) the procedure by which an item may be certified
to display the WaterSense label;
(2) promote WaterSense-labeled products, buildings,
landscapes, facilities, processes, and services in the market
place as the preferred technologies and services for--
(A) reducing water use; and
(B) ensuring product and service performance;
(3) work to enhance public awareness of the WaterSense
label through public outreach, education, and other means;
(4) preserve the integrity of the WaterSense label by--
(A) establishing and maintaining performance
criteria so that products, buildings, landscapes,
facilities, processes, and services labeled with the
WaterSense label perform as well or better than less
water-efficient counterparts;
(B) overseeing WaterSense certifications made by
third parties;
(C) conducting reviews of the use of the WaterSense
label in the marketplace and taking corrective action
in any case in which misuse of the label is identified;
and
(D) carrying out such other measures as the
Administrator determines to be appropriate;
(5) regularly review and, if appropriate, update WaterSense
criteria for categories of products, buildings, landscapes,
facilities, processes, and services, at least once every 4
years;
(6) to the maximum extent practicable, regularly estimate
and make available to the public the production and relative
market shares of, and the savings of water, energy, and capital
costs of water, wastewater, and stormwater infrastructure
attributable to the use of WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services, at
least annually;
(7) solicit comments from interested parties and the public
prior to establishing or revising a WaterSense category,
specification, installation criterion, or other criterion (or
prior to effective dates for any such category, specification,
installation criterion, or other criterion);
(8) provide reasonable notice to interested parties and the
public of any changes (including effective dates), on the
adoption of a new or revised category, specification,
installation criterion, or other criterion, along with--
(A) an explanation of the changes; and
(B) as appropriate, responses to comments submitted
by interested parties and the public;
(9) provide appropriate lead time (as determined by the
Administrator) prior to the applicable effective date for a new
or significant revision to a category, specification,
installation criterion, or other criterion, taking into account
the timing requirements of the manufacturing, marketing,
training, and distribution process for the specific product,
building and landscape, or service category addressed;
(10) identify and, if appropriate, implement other
voluntary approaches in commercial, institutional, residential,
industrial, and municipal sectors to encourage recycling and
reuse technologies to improve water efficiency or lower water
use; and
(11) where appropriate, apply the WaterSense label to
water-using products that are labeled by the Energy Star
program implemented by the Administrator and the Secretary of
Energy.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $7,500,000 for fiscal year 2010;
(2) $10,000,000 for fiscal year 2011;
(3) $20,000,000 for fiscal year 2012;
(4) $50,000,000 for fiscal year 2013; and
(5) for each subsequent fiscal year, the applicable amount
during the preceding fiscal year, as adjusted to reflect
changes for the 12-month period ending the preceding November
30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.
SEC. 142. FEDERAL PROCUREMENT OF WATER-EFFICIENT PRODUCTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' has the meaning given the
term in section 7902(a) of title 5, United States Code.
(2) FEMP-designated product.--The term ``FEMP-designated
product'' means a product that is designated under the Federal
Energy Management Program of the Department of Energy as being
among the highest 25 percent of equivalent products for
efficiency.
(3) Product, building, landscape, facility, process, and
service.--The terms ``product'', ``building'', ``landscape'',
``facility'', ``process'', and ``service'' do not include--
(A) any water-using product, building, landscape,
facility, process, or service designed or procured for
combat or combat-related missions; or
(B) any product, building, landscape, facility,
process, or service already covered by the Federal
procurement regulations established under section 553
of the National Energy Conservation Policy Act (42
U.S.C. 8259b).
(4) WaterSense product, building, landscape, facility,
process, or service.--The term ``WaterSense product, building,
landscape, facility, process, or service'' means a product,
building, landscape, facility, process, or service that is
labeled for water efficiency under the WaterSense program.
(5) WaterSense program.--The term ``WaterSense program''
means the program established by section 141.
(b) Procurement of Water-Efficient Products.--
(1) Requirement.--
(A) In general.--To meet the requirements of an
agency for a water-using product, building, landscape,
facility, process, or service, the head of an Agency
shall, except as provided in paragraph (2), procure--
(i) a WaterSense product, building,
landscape, facility, process, or service; or
(ii) a FEMP-designated product.
(B) Sense of congress regarding installation
preferences.--It is the sense of Congress that a
WaterSense irrigation system should, to the maximum
extent practicable, be installed and audited by a
WaterSense-certified irrigation professional to ensure
optimal performance.
(2) Exceptions.--The head of an Agency shall not be
required to procure a WaterSense product, building, landscape,
facility, process, or service or FEMP-designated product under
paragraph (1) if the head of the Agency finds in writing that--
(A) a WaterSense product, building, landscape,
facility, process, or service or FEMP-designated
product is not cost-effective over the life of the
product, building, landscape, facility, process, or
service, taking energy, water, and wastewater service
cost savings into account; or
(B) no WaterSense product, building, landscape,
facility, process, or service or FEMP-designated
product is reasonably available that meets the
functional requirements of the Agency.
(3) Procurement planning.--
(A) In general.--The head of an Agency shall
incorporate criteria used for evaluating WaterSense
products, buildings, landscapes, facilities, processes,
and services and FEMP-designated products into--
(i) the specifications for all procurements
involving water-using products, buildings,
landscapes, facilities, processes, and systems,
including guide specifications, project
specifications, and construction, renovation,
and services contracts that include provision
of water-using products, buildings, landscapes,
facilities, processes, and systems; and
(ii) the factors for the evaluation of
offers received for the procurement.
(B) Listing of water-efficient products in federal
catalogs.--WaterSense products, buildings, landscapes,
facilities, processes, and systems and FEMP-designated
products shall be clearly identified and prominently
displayed in any inventory or listing of products by
the General Services Administration or the Defense
Logistics Agency.
(C) Additional measures.--The head of an Agency
shall consider, to the maximum extent practicable,
additional measures for reducing Agency water use,
including water reuse technologies, leak detection and
repair, and use of waterless products that perform
similar functions to existing water-using products.
(c) Retrofit Programs.--The head of each Agency, working in
coordination with the Administrator and the heads of such other
Agencies as the President may designate, shall develop standards and
implementation procedures for a building water efficiency retrofit
program, which shall include the following elements:
(1) Evaluation of products and systems.--Not later than 270
days after the date of enactment of this Act, each Agency shall
evaluate water-consuming products and systems in buildings
operated by such Agency and identify opportunities for retrofit
and replacement of such products and systems with high-
efficiency equipment, such as zero-water-consumption equipment,
high-efficiency toilets, high-efficiency shower heads, and
high-efficiency faucets, and other products that are certified
as Watersense products or FEMP-designated products.
(2) Retrofit plan.--Not later than 360 days after the date
of enactment of this Act, each Agency shall, in coordination
with other appropriate Agencies and officials, prepare a water
efficiency retrofit plan that shall, to the maximum extent
practicable, maximize retrofitting of water-consuming products
and systems and replacement with high-efficiency equipment
described in paragraph (1).
(d) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Administrator, working in coordination with
the Secretary of Energy and the heads of such other Agencies as the
President may designate, shall issue guidelines to carry out this
section.
SEC. 143. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION
INCENTIVES PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State government, local or county government, tribal
government, wastewater or sewerage utility, municipal water
authority, energy utility, water utility, or nonprofit
organization that meets the requirements of subsection (b).
(2) Incentive program.--The term ``incentive program''
means a program for administering financial incentives for
consumer purchase and installation of water-efficient products,
buildings (including New Water-Efficient Homes), landscapes,
processes, or services described in subsection (b)(1).
(3) Residential water-efficient product, building,
landscape, process, or service.--
(A) In general.--The term ``residential water-
efficient product, building, landscape, process, or
service'' means a product, building, landscape,
process, or service for a residence or its landscape
that is rated for water efficiency and performance--
(i) by the WaterSense program; or
(ii) if a WaterSense specification does not
exist, by the Energy Star program or an
incentive program approved by the
Administrator.
(B) Inclusions.--The term ``residential water-
efficient product, building, landscape, process, or
service'' includes--
(i) faucets;
(ii) irrigation technologies and services;
(iii) point-of-use water treatment devices;
(iv) reuse and recycling technologies;
(v) toilets;
(vi) clothes washers;
(vii) dishwashers;
(viii) showerheads;
(ix) xeriscaping and other landscape
conversions that replace irrigated turf; and
(x) New Water Efficient Homes certified by
the WaterSense program.
(4) WaterSense program.--The term ``WaterSense program''
means the program established by section 141.
(b) Eligible Entities.--An entity shall be eligible to receive an
allocation under subsection (c) if the entity--
(1) establishes (or has established) an incentive program
to provide financial incentives to residential consumers for
the purchase of residential water-efficient products,
buildings, landscapes, processes, or services;
(2) submits an application for the allocation at such time,
in such form, and containing such information as the
Administrator may require; and
(3) provides assurances satisfactory to the Administrator
that the entity will use the allocation to supplement, but not
supplant, funds made available to carry out the incentive
program.
(c) Amount of Allocations.--For each fiscal year, the Administrator
shall determine the amount to allocate to each eligible entity to carry
out subsection (d), taking into consideration--
(1) the population served by the eligible entity during the
most recent calendar year for which data are available;
(2) the targeted population of the incentive program of the
eligible entity, such as general households, low-income
households, or first-time homeowners, and the probable
effectiveness of the incentive program for that population;
(3) for existing programs, the effectiveness of the program
in encouraging the adoption of water-efficient products,
buildings, landscapes, facilities, processes, and services;
(4) any allocation to the eligible entity for a preceding
fiscal year that remains unused; and
(5) the per capita water demand of the population served by
the eligible entity during the most recent calendar year for
which data are available and the accessibility of water
supplies to such entity.
(d) Use of Allocated Funds.--Funds allocated to an eligible entity
under subsection (c) may be used to pay up to 50 percent of the cost of
establishing and carrying out an incentive program.
(e) Fixture Recycling.--Eligible entities are encouraged to promote
or implement fixture recycling programs to manage the disposal of older
fixtures replaced due to the incentive program under this section.
(f) Issuance of Incentives.--
(1) In general.--Financial incentives may be provided to
residential consumers that meet the requirements of the
applicable incentive program.
(2) Manner of issuance.--An eligible entity may--
(A) issue all financial incentives directly to
residential consumers; or
(B) with approval of the Administrator, delegate
all or part of financial incentive administration to
other organizations, including local governments,
municipal water authorities, water utilities, and non-
profit organizations.
(3) Amount.--The amount of a financial incentive shall be
determined by the eligible entity, taking into consideration--
(A) the amount of any Federal or State incentive
available for the purchase of the residential water-
efficient product or service;
(B) the amount necessary to change consumer
behavior to purchase water-efficient products and
services; and
(C) the consumer expenditures for onsite
preparation, assembly, and original installation of the
product.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section--
(1) $100,000,000 for fiscal year 2010;
(2) $150,000,000 for fiscal year 2011;
(3) $200,000,000 for fiscal year 2012;
(4) $150,000,000 for fiscal year 2013;
(5) $100,000,000 for fiscal year 2014; and
(6) for each subsequent fiscal year, the applicable amount
during the preceding fiscal year, as adjusted to reflect
changes for the 12-month period ending the preceding November
30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.
Subtitle E--Miscellaneous
SEC. 151. OFFICE OF CONSUMER ADVOCACY.
(a) Office.--
(1) Establishment.--There is established an Office of
Consumer Advocacy to serve as an advocate for the public
interest.
(2) Director.--The Office shall be headed by a Director to
be appointed by the President, who is admitted to the Federal
Bar, with experience in public utility proceedings, and by and
with the advice and consent of the Senate.
(3) Duties.--The Office may--
(A) represent, and appeal on behalf of, energy
customers on matters concerning rates or service of
public utilities and natural gas companies under the
jurisdiction of the Commission--
(i) at hearings of the Commission;
(ii) in judicial proceedings in the courts
of the United States; and
(iii) at hearings or proceedings of other
Federal regulatory agencies and commissions;
(B) monitor and review energy customer complaints
and grievances on matters concerning rates or service
of public utilities and natural gas companies under the
jurisdiction of the Commission;
(C) investigate independently, or within the
context of formal proceedings, the services provided
by, the rates charged by, and the valuation of the
properties of, public utilities and natural gas
companies under the jurisdiction of the Commission;
(D) develop means, such as public dissemination of
information, consultative services, and technical
assistance, to ensure, to the maximum extent
practicable, that the interests of energy consumers are
adequately represented in the course of any hearing or
proceeding described in subparagraph (A);
(E) collect data concerning rates or service of
public utilities and natural gas companies under the
jurisdiction of the Commission; and
(F) prepare and issue reports and recommendations.
(4) Compensation and powers.--The Director may--
(A) employ and fix the compensation of such staff
personnel as is deemed necessary; and
(B) procure temporary and intermittent services as
needed.
(5) Access to information.--Each department, agency, and
instrumentality of the Federal Government is authorized and
directed to furnish to the Director such reports and other
information as he deems necessary to carry out his functions
under this section.
(b) Consumer Advocacy Advisory Committee.--
(1) Establishment.--The Director shall establish an
advisory committee to be known as Consumer Advocacy Advisory
Committee (in this section referred to as the ``Advisory
Committee'') to review rates, services, and disputes and to
make recommendations to the Director.
(2) Composition.--The Director shall appoint 5 members to
the Advisory Committee including--
(A) 2 individuals representing State Utility
Consumer Advocates; and
(B) 1 individual, from a nongovernmental
organization, representing consumers.
(3) Meetings.--The Advisory Committee shall meet at such
frequency as may be required to carry out its duties.
(4) Reports.--The Director shall provide for publication of
recommendations of the Advisory Committee on the public website
established for the Office.
(5) Duration.--Notwithstanding any other provision of law,
the Advisory Committee shall continue in operation during the
period in which the Office exists.
(6) Application of faca.--Except as otherwise specifically
provided, the Advisory Committee shall be subject to the
Federal Advisory Committee Act.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Energy customer.--The term ``energy customer'' means a
residential customer or a small commercial customer that
receives products or services from a public utility or natural
gas company under the jurisdiction of the Commission.
(3) Natural gas company.--The term ``natural gas company''
has the meaning given the term in section 2 of the Natural Gas
Act (15 U.S.C. 717a).
(4) Office.--The term ``Office'' means the Office of
Consumer Advocacy established by subsection (a)(1).
(5) Public utility.--The term ``public utility'' has the
meaning given the term in section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)).
(6) Small commercial customer.--The term ``small commercial
customer'' means a commercial customer that has a peak demand
of not more than 1,000 kilowatts per hour.
(d) Authorization of Appropriations.--There are authorized such
sums as necessary to carry out this section.
(e) Savings Clause.--Nothing in this section affects the rights or
obligations of State Utility Consumer Advocates.
SEC. 152. CLEAN TECHNOLOGY BUSINESS COMPETITION GRANT PROGRAM.
(a) In General.--The Administrator may provide grants to
organizations to conduct business competitions that provide incentives,
training, and mentorship to entrepreneurs and early stage start-up
companies throughout the United States to meet high-priority economic,
environmental, and energy goals in areas including air quality, energy
efficiency and renewable energy, transportation, water quality and
conservation, green buildings, and waste management.
(b) Purposes.--
(1) In general.--The competitions described in subsection
(a) shall have the purposes of--
(A) accelerating the development and deployment of
clean technology businesses and green jobs;
(B) stimulating green economic development;
(C) providing business training and mentoring to
early stage clean technology companies; and
(D) strengthening the competitiveness of United
States clean technology industry in world trade
markets.
(2) Priority.--Priority shall be given to business
competitions that--
(A) are led by the private sector;
(B) encourage regional and interregional
cooperation; and
(C) can demonstrate market-driven practices and the
creation of cost-effective green jobs through an annual
publication of competition activities and directory of
companies.
(c) Eligibility.--
(1) In general.--To be eligible for a grant under this
section, an organization shall be any sponsored entity of an
organization described in subparagraph (A) that is operated as
a nonprofit entity.
(2) Priority.--In making grants under this section, the
Administrator shall give priority to organizations that can
demonstrate broad funding support from private and other non-
Federal funding sources to leverage Federal investment.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 153. PRODUCT CARBON DISCLOSURE PROGRAM.
(a) EPA Study.--The Administrator shall conduct a study to
determine the feasibility of establishing a national program for
measuring, reporting, publicly disclosing, and labeling products or
materials sold in the United States for their carbon content, and
shall, not later than 18 months after the date of enactment of this
Act, transmit a report to Congress which shall include the following:
(1) A determination of whether a national product carbon
disclosure program and labeling program would be effective in
achieving the intended goals of achieving greenhouse gas
reductions and an examination of existing programs globally and
their strengths and weaknesses.
(2) Criteria for identifying and prioritizing sectors and
products and processes that should be covered in such program
or programs.
(3) An identification of products, processes, or sectors
whose inclusion could have a substantial carbon impact
(prioritizing industrial products such as iron and steel,
aluminum, cement, chemicals, and paper products, and also
including food, beverage, hygiene, cleaning, household
cleaners, construction, metals, clothing, semiconductor, and
consumer electronics).
(4) Suggested methodology and protocols for measuring the
carbon content of the products across the entire carbon
lifecycle of such products for use in a carbon disclosure
program and labeling program.
(5) A review of existing greenhouse gas product accounting
standards, methodologies, and practices including the
Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and
Publically Available Specification 2050, and including a review
of the strengths and weaknesses of each.
(6) A survey of secondary databases including the
Manufacturing Energy Consumption Survey, an evaluation of the
quality of data for use in a product carbon disclosure program
and product carbon labeling program, an identification of gaps
in the data relative to the potential purposes of a national
product carbon disclosure program and product carbon labeling
program, and development of recommendations for addressing
these data gaps.
(7) An assessment of the utility of comparing products and
the appropriateness of product carbon standards.
(8) An evaluation of the information needed on a label for
clear and accurate communication, including what pieces of
quantitative and qualitative information need to be disclosed.
(9) An evaluation of the appropriate boundaries of the
carbon lifecycle analysis for different sectors and products.
(10) An analysis of whether default values should be
developed for products whose producer does not participate in
the program or does not have data to support a disclosure or
label and a determination of the best ways to develop such
default values.
(11) A recommendation of certification and verification
options necessary to assure the quality of the information and
avoid greenwashing or the use of insubstantial or meaningless
environmental claims to promote a product.
(12) An assessment of options for educating consumers about
product carbon content and the product carbon disclosure
program and product carbon labeling program.
(13) An analysis of the costs and timelines associated with
establishing a national product carbon disclosure program and
product carbon labeling program, including options for a phased
approach. Costs should include those for businesses associated
with the measurement of carbon footprints and those associated
with creating a product carbon label and managing and operating
a product carbon labeling program, and options for minimizing
these costs.
(14) An evaluation of incentives (such as financial
incentives, brand reputation, and brand loyalty) to determine
whether reductions in emissions can be accelerated through
encouraging more efficient manufacturing or by encouraging
preferences for lower-emissions products to substitute for
higher-emissions products whose level of performance is no
better.
(b) Development of National Carbon Disclosure Program.--Upon
conclusion of the study, and not later than 3 years after the date of
enactment of this Act, the Administrator shall establish a national
product carbon disclosure program, participation in which shall be
voluntary, and which may involve a product carbon label with broad
applicability to the wholesale and consumer markets to enable and
encourage knowledge about carbon content by producers and consumers and
to inform efforts to reduce energy consumption (carbon dioxide
equivalent emissions) nationwide. In developing such a program, the
Administrator shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider existing and planned programs and proposals
and measurement standards (including the Publicly Available
Specification 2050, standards to be developed by the World
Resource Institute/World Business Council for Sustainable
Development, the International Standards Organization, and the
bill AB19 pending in the California legislature as of the date
of enactment of this Act);
(3) consider the compatibility of a national product carbon
disclosure program with existing programs;
(4) utilize incentives and other means to spur the adoption
of product carbon disclosure and product carbon labeling;
(5) develop protocols and parameters for a product carbon
disclosure program, including a methodology and formula for
assessing, verifying, and potentially labeling a product's
greenhouse gas content, and for data quality requirements to
allow for product comparison;
(6) create a means to--
(A) document best practices;
(B) ensure clarity and consistency;
(C) work with suppliers, manufacturers, and
retailers to encourage participation;
(D) ensure that protocols are consistent and
comparable across like products; and
(E) evaluate the effectiveness of the program;
(7) make publicly available information on product carbon
content to ensure transparency;
(8) provide for public outreach, including a consumer
education program to increase awareness;
(9) develop training and education programs to help
businesses learn how to measure and communicate their carbon
footprint and easy tools and templates for businesses to use to
reduce cost and time to measure their products' carbon
lifecycle;
(10) consult with the Secretary of Energy, the Secretary of
Commerce, the Federal Trade Commission, and other Federal
agencies, as necessary;
(11) gather input from stakeholders through consultations,
public workshops, or hearings with representatives of consumer
product manufacturers, consumer groups, and environmental
groups;
(12) utilize systems for verification and product
certification that will ensure that claims manufacturers make
about their products are valid;
(13) create a process for reviewing the accuracy of product
carbon label information and protecting the product carbon
label in the case of a change in the product's energy source,
supply chain, ingredients, or other factors, and specify the
frequency to which data should be updated; and
(14) develop a standardized, easily understandable carbon
label, if appropriate, and create a process for responding to
inaccuracies and misuses of such a label.
(c) Report to Congress.--Not later than 5 years after the program
is established pursuant to subsection (b), the Administrator shall
report to Congress on the effectiveness and impact of the program, the
level of voluntary participation, and any recommendations for
additional measures.
(d) Definitions.--In this section:
(1) The term ``carbon content'' means the quantity of
greenhouse gas emissions and the warming impact of those
emissions on the atmosphere expressed in carbon dioxide
equivalent associated with a product's value chain.
(2) The term ``carbon footprint'' means the level of
greenhouse gas emissions produced by a particular activity,
service, or entity.
(3) The term ``carbon lifecycle'' means the greenhouse gas
emissions that are released as part of the processes of
creating, producing, processing, manufacturing, modifying,
transporting, distributing, storing, using, recycling, or
disposing of goods and services.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator--
(1) to carry out the study required by subsection (a),
$5,000,000; and
(2) to carry out the program required under subsection (b),
$25,000,000 for each of fiscal years 2010 through 2025.
SEC. 154. STATE RECYCLING PROGRAMS.
(a) Establishment.--The Administrator shall establish a State
Recycling Program governing the use of funds by States in accordance
with this Act.
(b) Use of Funding.--
(1) In general.--States receiving funding to carry out this
section shall use the proceeds to carry out recycling programs
in accordance with this section.
(2) County and municipal programs.--Not less than \1/4\ of
the funding made available to a State to carry out this section
shall be distributed by the State to county and municipal
recycling programs as described in subsection (c)(1), to be
used exclusively to support recycling purposes and associated
source reduction purposes, including to provide incentives--
(A) for recycling-related technology that--
(i) reduces or avoids greenhouse gas
emissions;
(ii) increases collection rates; and
(iii) improves the quality of recyclable
material that is separated from solid waste;
(B) for energy-efficiency projects for
transportation fleets and recycling equipment used to
collect and sort recyclable material separated from
solid waste;
(C) for recycling program-related expenses,
including--
(i) education and job training;
(ii) development and implementation of
variable rate (commonly referred to as ``pay-
as-you-throw'') recycling programs and
anaerobic digestion programs;
(iii) promotion of public space recycling
programs;
(iv) approaches for assuring compliance
with recycling requirements; and
(v) development or implementation of best
practices for municipal solid waste reduction
programs; and
(D) to ensure that recyclable material is not sent
for disposal or incineration during fluctuating
markets.
(3) Recycling facilities.--Not less than \1/4\ of the
funding made available to a State to carry out this section
shall be distributed by the State to eligible recycling
facilities as described in subsection (c)(2) to be used
exclusively to support the recycling purposes and associated
source reduction purposes of the facilities, including to
provide--
(A) incentives for the demonstration or deployment
of recycling-related technology and equipment that
reduce or avoid greenhouse gas emissions;
(B) incentives to facilities that increase the
quantity and quality of recyclable material that is
recycled versus sent for disposal or incineration;
(C) funding for research, management, and removal
of impediments to recycling, including--
(i) radioactive material; and
(ii) devices or materials that contain
polychlorinated biphenyls, mercury, or
chlorofluorocarbons;
(D) funding for research on, and development and
deployment of, new technologies to more efficiently and
effectively recycle items such as automobile shredder
residue, cathode ray tubes, plastics, and tires; and
(E) incentives to recycle materials identified by
the Administrator that are not being recycled at a
recycling facility.
(4) Manufacturing facilities.--Not less than \1/4\ of the
funding made available to a State to carry out this section
shall be distributed by the State to eligible manufacturing
facilities as described in subsection (c)(3) to be used
exclusively to support recycling purposes, including to provide
incentives for the demonstration or deployment of--
(A) manufacturing-related technology and equipment
that would increase the use of recyclable material and
avoid or reduce greenhouse gas emissions;
(B) radiation detection equipment and the costs
associated with recovery of detected radiated
recyclable material;
(C) technologies that will detect and separate
contaminants, including mercury-, lead-, and cadmium-
containing devices;
(D) strategies and technologies to remove
impediments to recovering recyclable material; and
(E) strategies and technologies to improve the
energy efficiency of technology and equipment used to
manufacture recyclable material.
(c) Eligibility Requirements.--
(1) County and municipality programs.--Funds provided under
subsection (b)(2) shall be provided on a competitive basis to
county and municipal recycling programs that--
(A) have within the solid waste management plans of
the programs a recycling management plan that includes
an education outreach program for the individuals and
entities served by the program constituency that
highlights the lifecycle benefits of recycling; and
(B) collect at least 5 recyclable materials, such
as--
(i) ferrous and nonferrous metal;
(ii) aluminum;
(iii) plastic;
(iv) tires and rubber;
(v) household electronic equipment;
(vi) glass;
(vii) scrap food;
(viii) recoverable fiber or paper; and
(ix) textiles;
(C) demonstrate, not later than 3 years after the
date of receipt of funds under this subtitle,
reasonable progress toward achieving--
(i) a collection rate goal of at least 30
percent of the total recyclable materials
available from the solid waste stream in the
requesting State, county, or municipal program;
or
(ii) a 10-percent increase of collected
recyclable materials compared to the total
solid waste stream in the requesting State,
county, or municipal program; and
(D)(i) own, operate, or contract to operate--
(I) a curbside recyclables collection
program;
(II) a redemption center or drop-off
facility for recyclables; and
(III) a materials recovery facility; and
(ii) have in place a quality, environmental,
health, and safety management system (such as that of
the International Standards Organization or an
equivalent) that includes goals to reduce the
operational carbon baselines of the programs.
(2) Recycling facility.--Funds provided under subsection
(b)(3) shall be provided on a competitive basis to a recycling
facility that--
(A) processes recyclable material into commercial
specification-grade commodities for use as raw material
feed stock at recovery facilities, including for use
as--
(i) a replacement or substitute for a
virgin raw material; or
(ii) a replacement or substitute for a
product made, in whole or in part, from a
virgin raw material;
(B) has a verifiable carbon baseline; and
(C) has an environmental, health and safety, and
quality management system (such as that of the
International Standards Organization or an equivalent)
that includes goals to reduce the operational carbon
baseline of the recycling facility per unit of material
processed.
(3) Manufacturing facility.--Funds provided under
subsection (b)(4) shall be provided on a competitive basis to a
manufacturing facility that--
(A) can report on a verifiable carbon baseline that
is consistent with applicable reporting requirements;
and
(B) has an environmental, health and safety, and
quality management system (such as that of the
International Standards Organization or an equivalent)
that includes goals to reduce the operational carbon
baseline of the manufacturing facility per unit of
material processed.
(d) Reporting.--Each State that distributes funds under this
section shall submit to the Administrator, in accordance with such
requirements as the Administrator may prescribe, a report that
includes--
(1) a list of entities receiving funding under this
section, including entities receiving such funding from units
of local government pursuant to subsection (b)(2);
(2) the amount of funding received by each such recipient;
(3) the specific purposes for which the funding was
conveyed to each such recipient; and
(4) documentation of the quantity of net recyclable
material that was collected and processed and greenhouse gas
emissions that were reduced or avoided accordingly, through use
of the funding, based on a lifecycle calculation developed by
the Administrator.
(e) Methodology and Decisionmaking.--The Administrator, as
appropriate--
(1) shall develop and periodically update lifecycle methods
to quantify the relationship between waste management
decisions, including recycling and waste reduction, greenhouse
gas reductions, and energy use reductions, for purposes that
include--
(A) helping to support decisions under Federal,
State, and municipal recycling and waste management
programs, including--
(i) estimating greenhouse gas and energy
benefits of increasing collection or adding new
materials to recycling programs;
(ii) comparing the benefits of recycling
and waste reduction to other greenhouse gas and
energy use reduction strategies;
(iii) optimizing waste management
strategies to maximize greenhouse gas
reductions and energy use reductions; and
(iv) public education; and
(B) designing products to optimize waste reduction
and recycling opportunities and use of recycled
materials in the manufacturing process;
(2) may collect data to support the development of the
methods described in paragraph (1); and
(3) to improve national consistency, shall, in consultation
with appropriate State and local representatives and municipal
recycling programs, identify best practices to promote
improvement in, and support State efforts in improving,
municipal recycling and resource recovery programs.
SEC. 155. SUPPLEMENTAL AGRICULTURE AND FORESTRY GREENHOUSE GAS
REDUCTION AND RENEWABLE ENERGY PROGRAM.
(a) Agricultural Greenhouse Gas Reductions.--
(1) Establishment.--
(A) In general.--The Secretary of Agriculture
(referred to in this section as the ``Secretary''), in
coordination with the Secretary of the Interior, shall
establish a Greenhouse Gas Reduction Incentives Program
(referred to in this section as the ``program'') to
provide financial assistance to owners and operators of
agricultural land (including land on which specialty
crops are produced and private or public land used for
grazing) and forest land for projects and activities
that measurably increase carbon sequestration or reduce
greenhouse gas emissions.
(B) Shared authority.--The Secretary shall delegate
to the Secretary of the Interior the authority to carry
out projects on land under the jurisdiction of or
operated by the Department of the Interior.
(2) Priority.--In carrying out the program, the Secretary
shall give priority to projects or activities that--
(A) reduce greenhouse gas emissions or increase
sequestration of greenhouse gases, and achieve
significant other environmental benefits, such as the
improvements of water or air quality or natural
resources; and
(B) reduce greenhouse gas emissions or sequester
carbon in agricultural and forestry operations where
there are limited recognized opportunities to achieve
such emission reductions or sequestration.
(3) Eligible projects and activities.--Eligible projects
and payments shall include those that--
(A) reflect the comparable amount that the owners
or operators would receive in the offset market if not
for compliance with environmental laws that preclude
the owners and operators from being eligible for
receiving an offset credit under a Federal law enacted
for the purpose of regulating greenhouse gas emissions;
(B) provide greenhouse gas emission benefits, but
do not receive an offset credit or qualify for an early
action allowance under a Federal law enacted for the
purpose of regulating greenhouse gas emissions,
including projects and activities that provide an
opportunity to demonstrate and test new or uncertain
methods to reduce or sequester emissions;
(C) reward early adopters, including producers that
practice no-till agriculture, and ensure that
individuals and entities that took action prior to the
implementation of a Federal law enacted for the purpose
of regulating greenhouse gas emissions are not placed
at a competitive disadvantage, including giving special
consideration to owners or operators located in
jurisdictions with more stringent environmental laws
(including regulations), compliance with which
precludes the owners or operators from participating
such an offset market;
(D) provide incentives for supplemental greenhouse
gas emission reductions on private forest land of the
United States;
(E) prevent any conversion of land, including
native grassland, native prairie, rangeland, cropland,
or forested land, that would increase greenhouse gas
emissions or a loss of carbon sequestration; or
(F) support action on Federal, State, or tribal
land.
(4) Requirements.--Financial incentives and support
provided by the Secretary for a project or activity under this
section shall, to the maximum extent practicable--
(A) be directly proportional to the quantity and
duration of greenhouse gas emissions reduced or carbon
sequestered (except with respect to projects and
activities that provide adaptation benefits); and
(B) complement and leverage existing conservation,
forestry, and energy program expenditures to provide
measurable emission reduction and sequestration
benefits that otherwise may not take place or continue
to exist.
(5) Eligibility.--An owner or operator shall not be
prohibited from participating in the program established under
this section due to participation of the owner or operator in
other Federal or State conservation or agricultural assistance
programs.
(6) Forms of assistance.--The Secretary may use any of the
following to provide assistance under this section:
(A) Conservation easements.
(B) Carbon sequestration and mitigation contracts
between the owner or operator and the Secretary for the
performance of projects or activities that reduce
greenhouse gas emissions or sequester carbon.
(C) Financial incentives through timber harvest
contracts.
(D) Financial incentives through grazing contracts.
(E) Grants.
(F) Such other forms of assistance as the Secretary
determines to be appropriate.
(7) Reversals.--The Secretary shall specify methods to
address intentional or unintentional reversal of carbon
sequestration or greenhouse gas emission reductions that occur
during the term of a contract or easement under this section.
(8) Accounting systems.--In carrying out this section, the
Secretary shall develop and implement--
(A) a national accounting system for carbon stocks,
sequestration, and greenhouse gas emissions that may be
used to assess progress in implementing this section at
a national level; and
(B) credible reporting and accounting systems to
ensure that incentives provided under this section are
achieving stated objectives.
(9) Program measurement, monitoring, and verification.--The
Secretary, in consultation with the Administrator--
(A) shall establish and implement protocols that
provide reasonable monitoring and verification of
compliance with terms associated with assistance
provided under this section, including field sampling
of actual performance, to develop annual estimates of
emission reductions achieved under the program;
(B) shall report annually the total number of tons
of carbon dioxide sequestered or the total number of
tons of emissions avoided through incentives provided
under this section; and
(C) not later than 2 years after the date of
enactment of this Act, and at least every 18 months
thereafter, submit to Congress and make available to
the public on the website of the Department of
Agriculture a report that includes--
(i) an estimate of annual and cumulative
reductions generated through the program under
this section, determined using standardized
measures (including economic efficiency); and
(ii) a summary of any changes to the
program, in accordance with this section, that
will be made as a result of program
measurement, monitoring, and verification
conducted under this section.
(b) Research Program.--The Secretary shall establish by rule a
program to conduct research to develop additional projects and
activities for crops to find additional techniques and methods to
reduce greenhouse gas emissions or sequester greenhouse gases that may
or may not meet criteria for a Federal law enacted for the purpose of
regulating greenhouse gas emissions.
SEC. 156. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding
at the end the following:
``SEC. 219. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND.
``(a) In General.--On the application of an eligible recipient, the
Secretary may provide technical assistance, make grants, enter into
contracts, or otherwise provide amounts for projects--
``(1) to promote energy efficiency to enhance economic
competitiveness;
``(2) to increase the use of renewable energy resources to
support sustainable economic development and job growth;
``(3) to support the development of conventional energy
resources to produce alternative transportation fuels,
electricity and heat;
``(4) to develop energy efficient or environmentally
sustainable infrastructure;
``(5) to promote environmentally sustainable economic
development practices and models;
``(6) to support development of energy efficiency and
alternative energy development plans, studies or analysis,
including enhancement of new and existing Comprehensive
Economic Development Strategies funded under this Act; and
``(7) to supplement other Federal grants, loans, or loan
guarantees for purposes described in paragraphs (1) through
(6).
``(b) Federal Share.--The Federal share of the cost of any project
carried out under this section shall not exceed 80 percent, except that
the Federal share of a Federal grant, loan, or loan guarantee provided
under subsection (a)(7) may be 100 percent.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2009 through 2013, to remain available until expended.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3141 et seq.) is amended by inserting after the item
relating to section 218 the following:
``Sec. 219. Economic Development Climate Change Fund.''.
SEC. 157. STUDY OF RISK-BASED PROGRAMS ADDRESSING VULNERABLE AREAS.
(a) In General.--The Administrator, or the heads of such other
Federal agencies as the President may designate, shall conduct a study
and, not later than 2 years after the date of enactment of this Act,
submit to Congress a report regarding risk-based policies and programs
addressing vulnerable areas.
(b) Requirements.--The report shall
(1) review and assess Federal predisaster mitigation,
emergency response, and flood insurance policies and programs
that affect areas vulnerable to the impacts of climate change;
(2) describe strategies for better addressing such
vulnerabilities and provide implementation recommendations;
(3) assess whether the policies and programs described in
paragraph (1) support the State response and adaptation goals
and objectives identified under this Act;
(4) identify, and make recommendations to resolve,
inconsistencies in Federal policies and programs in effect as
of the date of enactment of this Act that address areas
vulnerable to climate change; and
(5) identify annual cost savings to the Federal Government
associated with the implementation of the strategies and
recommendations contained in the report.
Subtitle F--Energy Efficiency and Renewable Energy
SEC. 161. RENEWABLE ENERGY.
(a) Definitions.--In this section:
(1) Renewable energy.--The term ``renewable energy'' means
electric energy generated from solar, wind, biomass, landfill
gas, ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste, or new hydroelectric
generation capacity achieved from increased efficiency or
additions of new capacity at an existing hydroelectric project.
(2) Renewable portfolio standard.--The term ```renewable
portfolio standard''' means a State statute that requires
electricity providers to obtain a minimum percentage of their
power from renewable energy resources by a certain date.
(b) Grants.--The Administrator, in consultation with the
Secretaries of Energy, Interior, and Agriculture, may provide grants
for projects to increase the quantity of energy a State uses from
renewable sources under State renewable portfolio standard laws.
(c) Eligibility.--The Administrator shall review for approval
projects applications that are--
(1) submitted by State and local governments, Indian
tribes, public utilities, regional energy cooperatives, or
individual energy producers from states with a binding
Renewable Portfolio Standard; or
(2) submitted by State and local governments, Indian
tribes, public utilities, or regional energy cooperatives from
States with nonbinding goals for adoption of renewable energy
requirements.
(d) Priority.--The Administrator shall give priority to project
applications that are--
(1) submitted by States with a binding renewable portfolio
standard;
(2) cost-effective in achieving greater renewable energy
production in each State.
(e) Certification.--
(1) In general.--The Administrator shall notify in writing
the Governor of each eligible State as described in section (c)
at the time at which the Administrator begins review of a
project application received from an eligible entity within the
State.
(2) Certification.--The Governor shall certify in writing
within 30 days of receipt of the Administrator's notification
described in subsection (1) that the project application--
(A) will assist the State in reaching renewable
portfolio standard targets under applicable state laws;
and
(B) has secured non-Federal funding sources that,
in conjunction with the requested grant amount, will be
sufficient to complete the renewable energy project.
(f) Rulemaking.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall initiate
rulemaking procedures necessary to implement this section.
(2) Final rules; acceptance of applications.--Not later
than 90 days after the close of the public comment period
relating to the rulemaking described in paragraph (1), the
Administrator shall--
(A) promulgate final regulations to carry out this
section; and
(B) begin accepting project applications for
review.
(g) Reporting.--Not later than 180 days after the date of enactment
of this Act, and every 180 days thereafter, the Administrator shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report specifying, with respect to the program under this
section--
(1) the project applications received;
(2) the project applications approved;
(3) the amount of funding allocated per project; and
(4) the cumulative benefits of the grant program.
(h) Grant Amount.--A grant provided under this section may be in an
amount that does not exceed 50 percent of the total cost of the
renewable energy project to be funded by the grant.
(i) Authorization.--There are authorized to be appropriated such
sums as are necessary to carry out this section.
SEC. 162. ADVANCED BIOFUELS.
(a) Definitions.--In this section:
(1) Advanced biofuel.--The term ``advanced biofuel'' shall
have such meaning as is given the term by the Administrator in
regulations promulgated under subsection (c).
(2) Eligible entity.--The term ``eligible entity'' means an
individual, corporate entity, unit of State or local
government, Indian tribe, farm cooperative, institution of
higher learning, rural electric cooperative, or public utility.
(b) Grants.--The Administrator, in consultation with the Secretary
of Agriculture and the Secretary of Energy, may provide grants to
support research and development of advanced biofuels.
(c) Regulations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall promulgate
regulations to carry out this section (including a definition
of the term ``advanced biofuel'' for the purpose of providing
assistance under this section).
(2) Requirements.--The regulations promulgated under
paragraph (1) shall--
(A) provide that the Administrator shall make
grants available to eligible entities to support--
(i) research regarding the production of
advanced biofuels;
(ii) the development of new advanced
biofuel production and capacity-building
technologies;
(iii) the development and construction of
commercial-scale advanced biofuel production
facilities; and
(iv) the expanded production of advanced
biofuels;
(B) provide that, to receive a grant under this
section, an eligible entity shall submit to the
Administrator--
(i) a project proposal with detailed
project information, as determined by the
Administrator; and
(ii) such records as the Administrator may
require as evidence of the production of
advanced biofuels or the importance and
necessity of advanced biofuels research and new
technologies; and
(C) include appropriate cost-sharing requirements
developed by the Administrator for grant awards for
authorized uses of funds under this section.
(3) Priority.--The Administrator shall give priority to
eligible entities based on--
(A) technical and economic feasibility of a project
proposal;
(B) cost-effectiveness of a project proposal;
(C) the use of innovative technologies in a project
proposal;
(D) the availability of non-Federal resources,
including private resources, to fund the project
proposal; and
(E) whether the project proposed can be replicated.
SEC. 163. ENERGY EFFICIENCY IN BUILDING CODES.
(a) Energy Efficiency Targets.--
(1) Rulemaking to establish targets.--The Administrator, or
such other agency head or heads as may be designated by the
President, in consultation with the Director of the National
Institute of Standards and Technology, shall promulgate
regulations establishing building code energy efficiency
targets for the national average percentage improvement of
buildings' energy performance. Such regulations shall establish
a national building code energy efficiency target for
residential buildings and commercial buildings when built to a
code meeting the target, beginning not later than January 1,
2014 and applicable each calendar year through December 31,
2030.
(b) National Energy Efficiency Building Codes.--
(1) Rulemaking to establish national codes.--The
Administrator, or such other agency head or heads as may be
designated by the President, shall promulgate regulations
establishing national energy efficiency building codes for
residential and commercial buildings. Such regulations shall be
sufficient to meet the national building code energy efficiency
targets established under subsection (a) in the most cost-
effective manner, and may include provisions for State adoption
of the national building code standards and certification of
State programs
(c) Annual Reports.--The Administrator, or such other agency head
or heads as may be designated by the President, shall annually submit
to Congress, and publish in the Federal Register, a report on--
(1) the status of national energy efficiency building
codes;
(2) the status of energy efficiency building code adoption
and compliance in the States;
(3) the implementation of and compliance with regulations
promulgated under this section;
(4) the status of Federal and State enforcement of building
codes; and
(5) impacts of action under this section, and potential
impacts of further action, on lifetime energy use by buildings,
including resulting energy and cost savings.
SEC. 164. RETROFIT FOR ENERGY AND ENVIRONMENTAL PERFORMANCE.
(a) Definitions.--For purposes of this section:
(1) Assisted housing.--The term ``assisted housing'' means
those properties receiving project-based assistance pursuant to
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q),
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), or similar programs.
(2) Nonresidential building.--The term ``nonresidential
building'' means a building with a primary use or purpose other
than residential housing, including any building used for
commercial offices, schools, academic and other public and
private institutions, nonprofit organizations including faith-
based organizations, hospitals, hotels, and other
nonresidential purposes. Such buildings shall include mixed-use
properties used for both residential and nonresidential
purposes in which more than half of building floor space is
nonresidential.
(3) Performance-based building retrofit program.--The term
``performance-based building retrofit program'' means a program
that determines building energy efficiency success based on
actual measured savings after a retrofit is complete, as
evidenced by energy invoices or evaluation protocols.
(4) Prescriptive building retrofit program.--The term
``prescriptive building retrofit program'' means a program that
projects building retrofit energy efficiency success based on
the known effectiveness of measures prescribed to be included
in a retrofit.
(5) Public housing.--The term ``public housing'' means
properties receiving assistance under section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437g).
(6) Recommissioning; retrocommissioning.--The terms
``recommissioning'' and ``retrocommissioning'' have the meaning
given those terms in section 543(f)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(f)(1)).
(7) Residential building.--The term ``residential
building'' means a building whose primary use is residential.
Such buildings shall include single-family homes (both attached
and detached), owner-occupied units in larger buildings with
their own dedicated space-conditioning systems, apartment
buildings, multi-unit condominium buildings, public housing,
assisted housing, and buildings used for both residential and
nonresidential purposes in which more than half of building
floor space is residential.
(8) State energy program.--The term ``State Energy
Program'' means the program under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
(b) Establishment.--The Administrator shall develop and implement,
in consultation with the Secretary of Energy, standards for a national
energy and environmental building retrofit policy for single-family and
multifamily residences. The Administrator shall develop and implement,
in consultation with the Secretary of Energy and the Director of
Commercial High-Performance Green Buildings, standards for a national
energy and environmental building retrofit policy for nonresidential
buildings. The programs to implement the residential and nonresidential
policies based on the standards developed under this section shall
together be known as the Retrofit for Energy and Environmental
Performance (REEP) program.
(c) Purpose.--The purpose of the REEP program is to facilitate the
retrofitting of existing buildings across the United States to achieve
maximum cost-effective energy efficiency improvements and significant
improvements in water use and other environmental attributes.
(d) Federal Administration.--
(1) Existing programs.--In creating and operating the REEP
program--
(A) the Administrator shall make appropriate use of
existing programs, including the Energy Star program
and in particular the Environmental Protection Agency
Energy Star for Buildings program; and
(B) the Administrator shall consult with the
Secretary of Energy regarding appropriate use of
existing programs, including delegating authority to
the Director of Commercial High-Performance Green
Buildings appointed under section 421 of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17081).
(2) Consultation and coordination.--The Administrator shall
consult with and coordinate with the and the Secretary of
Energy and the Secretary of Housing and Urban Development in
carrying out the REEP program with regard to retrofitting of
public housing and assisted housing. As a result of such
consultation, the Administrator shall establish standards to
ensure that retrofits of public housing and assisted housing
funded pursuant to this section are cost-effective, including
opportunities to address the potential co-performance of repair
and replacement needs that may be supported with other forms of
Federal assistance. Owners of public housing or assisted
housing receiving funding through the REEP program shall agree
to continue to provide affordable housing consistent with the
provisions of the authorizing legislation governing each
program for an additional period commensurate with the funding
received, as determined in accordance with guidelines
established by the Secretary of Housing and Urban Development.
(3) Assistance.--The Administrator shall provide
consultation and assistance to State and local agencies for the
establishment of revolving loan funds, loan guarantees, or
other forms of financial assistance under this section.
(e) State and Local Administration.--
(1) Designation and delegation.--A State may designate one
or more agencies or entities, including those regulated by the
State, to carry out the purposes of this section, but shall
designate one entity or individual as the principal point of
contact for the Administrator regarding the REEP Program. The
designated State agency, agencies, or entities may delegate
performance of appropriate elements of the REEP program, upon
their request and subject to State law, to counties,
municipalities, appropriate public agencies, and other
divisions of local government, as well as to entities regulated
by the State. In making any such designation or delegation, a
State shall give priority to entities that administer existing
comprehensive retrofit programs, including those under the
supervision of State utility regulators. States shall maintain
responsibility for meeting the standards and requirements of
the REEP program. In any State that elects not to administer
the REEP program, a unit of local government may propose to do
so within its jurisdiction, and if the Administrator finds that
such local government is capable of administering the program,
the Administrator may provide assistance to that local
government, prorated according to the population of the local
jurisdiction relative to the population of the State, for
purposes of the REEP program.
(2) Employment.--States and local government entities may
administer a REEP program in a manner that authorizes public or
regulated investor-owned utilities, building auditors and
inspectors, contractors, nonprofit organizations, for-profit
companies, and other entities to perform audits and retrofit
services under this section. A State may provide incentives for
retrofits without direct participation by the State or its
agents, so long as the resulting savings are measured and
verified. A State or local administrator of a REEP program
shall seek to ensure that sufficient qualified entities are
available to support retrofit activities so that building
owners have a competitive choice among qualified auditors,
raters, contractors, and providers of services related to
retrofits. Nothing in this section is intended to deny the
right of a building owner to choose the specific providers of
retrofit services to engage for a retrofit project in that
owner's building.
(3) Equal incentives for equal improvement.--In general,
the States should strive to offer the same levels of incentives
for retrofits that meet the same efficiency improvement goals,
regardless of whether the State, its agency or entity, or the
building owner has conducted the retrofit achieving the
improvement, provided the improvement is measured and verified.
(f) Elements of Reep Program.--The Administrator, in consultation
with the Secretary of Energy, shall establish goals, guidelines,
practices, and standards for accomplishing the purpose stated in
subsection (c), and shall annually review and, as appropriate, revise
such goals, guidelines, practices, and standards. The program under
this section shall include the following:
(1) Residential Energy Services Network (RESNET) or
Building Performance Institute (BPI) analyst certification of
residential building energy and environment auditors,
inspectors, and raters, or an equivalent certification system
as determined by the Administrator.
(2) BPI certification or licensing by States of residential
building energy and environmental retrofit contractors, or an
equivalent certification or licensing system as determined by
the Administrator.
(3) Provision of BPI, RESNET, or other appropriate
information on equipment and procedures, as determined by the
Administrator, that contractors can use to test the energy and
environmental efficiency of buildings effectively (such as
infrared photography and pressurized testing, and tests for
water use and indoor air quality).
(4) Provision of clear and effective materials to describe
the testing and retrofit processes for typical buildings.
(5) Guidelines for offering and managing prescriptive
building retrofit programs and performance-based building
retrofit programs for residential and nonresidential buildings.
(6) Guidelines for applying recommissioning and
retrocommissioning principles to improve a building's
operations and maintenance procedures.
(7) A requirement that building retrofits conducted
pursuant to a REEP program utilize, especially in all air-
conditioned buildings, roofing materials with high solar energy
reflectance, unless inappropriate due to green roof management,
solar energy production, or for other reasons identified by the
Administrator, in order to reduce energy consumption within the
building, increase the albedo of the building's roof, and
decrease the heat island effect in the area of the building,
without reduction of otherwise applicable ceiling insulation
standards.
(8) Determination of energy savings in a performance-based
building retrofit program through--
(A) for residential buildings, comparison of before
and after retrofit scores on the Home Energy Rating
System (HERS) Index, where the final score is produced
by an objective third party;
(B) for nonresidential buildings, Environmental
Protection Agency Portfolio Manager benchmarks; or
(C) for either residential or nonresidential
buildings, use of an Administrator-approved simulation
program by a contractor with the appropriate
certification, subject to appropriate software
standards and verification of at least 15 percent of
all work done, or such other percentage as the
Administrator may determine.
(9) Guidelines for utilizing the Energy Star Portfolio
Manager, the Home Energy Rating System (HERS) rating system,
Home Performance with Energy Star program approvals, and any
other tools associated with the retrofit program.
(10) Requirements and guidelines for post-retrofit
inspection and confirmation of work and energy savings.
(11) Detailed descriptions of funding options for the
benefit of State and local governments, along with model forms,
accounting aids, agreements, and guides to best practices.
(12) Guidance on opportunities for--
(A) rating or certifying retrofitted buildings as
Energy Star buildings, or as green buildings under a
recognized green building rating system;
(B) assigning Home Energy Rating System (HERS) or
similar ratings; and
(C) completing any applicable building performance
labels.
(13) Sample materials for publicizing the program to
building owners, including public service announcements and
advertisements.
(14) Processes for tracking the numbers and locations of
buildings retrofitted under the REEP program, with information
on projected and actual savings of energy and its value over
time.
(g) Requirements.--As a condition of receiving assistance for the
REEP program pursuant to this Act, a State or qualifying local
government shall--
(1) adopt the standards for training, certification of
contractors, certification of buildings, and post-retrofit
inspection as developed by the Administrator for residential
and nonresidential buildings, respectively, except as necessary
to match local conditions, needs, efficiency opportunities, or
other local factors, or to accord with State laws or
regulations, and then only after the Administrator approves
such a variance;
(2) establish fiscal controls and accounting procedures
(which conform to generally accepted government accounting
principles) sufficient to ensure proper accounting during
appropriate accounting periods for payments received and
disbursements, and for fund balances;
(3) agree to make 10 percent of assistance received to
carry out this section available on a preferential basis for
retrofit projects proposed for public housing and assisted
housing, provided that--
(A) none of such funds shall be used for demolition
of such housing;
(B) such retrofits not shall not be used to justify
any increase in rents charged to residents of such
housing; and
(C) owners of such housing shall agree to continue
to provide affordable housing consistent with the
provisions of the authorizing legislation governing
each program for an additional period commensurate with
the funding received; and
(4) the Administrator shall conduct or require each State
to have such independent financial audits of REEP-related
funding as the Administrator considers necessary or appropriate
to carry out the purposes of this section.
(h) Options To Support Reep Program.--The assistance provided under
this section shall support the implementation through State REEP
programs of alternate means of creating incentives for, or reducing
financial barriers to, improved energy and environmental performance in
buildings, consistent with this section, including--
(1) implementing prescriptive building retrofit programs
and performance-based building retrofit programs;
(2) providing credit enhancement, interest rate subsidies,
loan guarantees, or other credit support;
(3) providing initial capital for public revolving fund
financing of retrofits;
(4) providing funds to support utility-operated retrofit
programs with repayments over time through utility rates,
calibrated to create net positive cash flow to the building
owner, and transferable from one building owner to the next
with the building's utility services;
(5) providing funds to local government programs to provide
REEP services and financial assistance; and
(6) other means proposed by State and local agencies,
subject to the approval of the Administrator.
(i) Support for Program.--
(1) Initial award limits.--Except as provided in paragraph
(2), State and local REEP programs may make per-building direct
expenditures for retrofit improvements, or their equivalent in
indirect or other forms of financial support, from funds made
available to carry out this section, in amounts not to exceed
the following amounts per unit:
(A) Residential building program.--
(i) Awards.--For residential buildings--
(I) support for a free or low-cost
detailed building energy audit that
prescribes measures sufficient to
achieve at least a 20 percent reduction
in energy use, by providing an
incentive equal to the documented cost
of such audit, but not more than $200,
in addition to any earned by achieving
a 20 percent or greater efficiency
improvement;
(II) a total of $1,000 for a
combination of measures, prescribed in
an audit conducted under subclause (I),
designed to reduce energy consumption
by more than 10 percent, and $2,000 for
a combination of measures prescribed in
such an audit, designed to reduce
energy consumption by more than 20
percent;
(III) $3,000 for demonstrated
savings of 20 percent, pursuant to a
performance-based building retrofit
program; and
(IV) $1,000 for each additional 5
percentage points of energy savings
achieved beyond savings for which
funding is provided under subclause
(II) or (III).
Funding shall not be provided under clauses
(II) and (III) for the same energy savings.
(ii) Maximum percentage.--Awards under
clause (i) shall not exceed 50 percent of
retrofit costs for each building. For buildings
with multiple residential units, awards under
clause (i) shall not be greater than 50 percent
of the total cost of retrofitting the building,
prorated among individual residential units on
the basis of relative costs of the retrofit. In
the case of public housing and assisted
housing, the 50 percent contribution matching
the contribution from REEP program funds may
come from any other source, including other
Federal funds.
(iii) Additional awards.--Additional awards
may be provided for purposes of increasing
energy efficiency, for buildings achieving at
least 20 percent energy savings using funding
provided under clause (i), in the form of
grants of not more than $600 for measures
projected or measured (using an appropriate
method approved by the Administrator) to
achieve at least 35 percent potable water
savings through equipment or systems with an
estimated service life of not less than 7
years, and not more than an additional $20 may
be provided for each additional one percent of
such savings, up to a maximum total grant of
$1,200.
(B) Nonresidential building program.--
(i) Awards.--For nonresidential buildings--
(I) support for a free or low-cost
detailed building energy audit that
prescribes, as part of a energy-
reducing measures sufficient to achieve
at least a 20 percent reduction in
energy use, by providing an incentive
equal to the documented cost of such
audit, but not more than $500, in
addition to any award earned by
achieving a 20 percent or greater
efficiency improvement;
(II) $0.15 per square foot of
retrofit area for demonstrated energy
use reductions from 20 percent to 30
percent;
(III) $0.75 per square foot for
demonstrated energy use reductions from
30 percent to 40 percent;
(IV) $1.60 per square foot for
demonstrated energy use reductions from
40 percent to 50 percent; and
(V) $2.50 per square foot for
demonstrated energy use reductions
exceeding 50 percent.
(ii) Maximum percentage.--Amounts provided
under subclauses (II) through (V) of clause (i)
combined shall not exceed 50 percent of the
total retrofit cost of a building. In
nonresidential buildings with multiple units,
such awards shall be prorated among individual
units on the basis of relative costs of the
retrofit.
(iii) Additional awards.--Additional awards
may be provided, for buildings achieving at
least 20 percent energy savings using funding
provided under clause (i), as follows:
(I) Water.--For purposes of
increasing energy efficiency, grants
may be made for whole building potable
water use reduction (using an
appropriate method approved by the
Administrator) for up to 50 percent of
the total retrofit cost, including
amounts up to--
(aa) $24.00 per thousand
gallons per year of potable
water savings of 40 percent or
more;
(bb) $27.00 per thousand
gallons per year of potable
water savings of 50 percent or
more; and
(cc) $30.00 per thousand
gallons per year of potable
water savings of 60 percent or
more.
(II) Environmental improvements.--
Additional awards of up to $1,000 may
be granted for the inclusion of other
environmental attributes that the
Administrator, in consultation with the
Secretary, identifies as contributing
to energy efficiency. Such attributes
may include, but are not limited to
waste diversion and the use of
environmentally preferable materials
(including salvaged, renewable, or
recycled materials, and materials with
no or low-VOC content). The
Administrator may recommend that States
develop such standards as are necessary
to account for local or regional
conditions that may affect the
feasibility or availability of
identified resources and attributes.
(iv) Indoor air quality minimum.--
Nonresidential buildings receiving incentives
under this section must satisfy at a minimum
the most recent version of ASHRAE Standard 62.1
for ventilation, or the equivalent as
determined by the Administrator. A State may
issue a waiver from this requirement to a
building project on a showing that such
compliance is infeasible due to the physical
constraints of the building's existing
ventilation system, or such other limitations
as may be specified by the Administrator.
(C) Disaster damaged buildings.--Any source of
funds, including Federal funds provided through the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act, shall qualify as the building owner's
50 percent contribution, in order to match the
contribution of REEP funds, so long as the REEP funds
are only used to improve the energy efficiency of the
buildings being reconstructed. In addition, the
appropriate Federal agencies providing assistance to
building owners through the Robert T. Stafford Disaster
Relief and Emergency Assistance Act shall make
information available, following a disaster, to
building owners rebuilding disaster damaged buildings
with assistance from the Act, that REEP funds may be
used for energy efficiency improvements.
(D) Historic buildings.--Notwithstanding
subparagraphs (A) and (B), a building in or eligible
for the National Register of Historic Places shall be
eligible for awards under this paragraph in amounts up
to 120 percent of the amounts set forth in
subparagraphs (A) and (B).
(E) Supplemental support.--State and local
governments may supplement the per-building
expenditures under this paragraph with funding from
other sources.
(2) Adjustment.--The Administrator may adjust the specific
dollar amounts provided under paragraph (1) in years subsequent
to the second year after the date of enactment of this Act, and
every 2 years thereafter, as the Administrator determines
necessary to achieve optimum cost-effectiveness and to maximize
incentives to achieve energy efficiency within the total
building award amounts provided in that paragraph, and shall
publish and hold constant such revised limits for at least 2
years.
(j) Report to Congress.--The Administrator shall conduct an annual
assessment of the achievements of the REEP program in each State, shall
prepare an annual report of such achievements and any recommendations
for program modifications, and shall provide such report to Congress at
the end of each fiscal year during which funding or other resources
were made available to the States for the REEP Program.
Subtitle G--Emission Reductions From Public Transportation Vehicles
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Green Taxis Act of 2009''.
SEC. 172. STATE FUEL ECONOMY REGULATION FOR TAXICABS.
Section 32919 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Taxicabs.--Notwithstanding subsection (a), a State or
political subdivision of a State may prescribe requirements for fuel
economy for taxicabs and other automobiles if such requirements are at
least as stringent as applicable Federal requirements and if such
taxicabs and other automobiles--
``(1) are automobiles that are capable of transporting not
more than 10 individuals, including the driver;
``(2) are commercially available or are designed and
manufactured pursuant to a contract with such State or
political subdivision of such State;
``(3) are operated for hire pursuant to an operating or
regulatory license, permit, or other authorization issued by
such State or political subdivision of such State;
``(4) provide local transportation for a fare determined on
the basis of the time or distance traveled or a combination of
time and distance traveled; and
``(5) do not exclusively provide transportation to and from
airports.''.
SEC. 173. STATE REGULATION OF MOTOR VEHICLE EMISSIONS FOR TAXICABS.
Section 209 of the Clean Air Act (42 U.S.C. 7543) is amended by
adding at the end the following new subsection:
``(f) Taxicabs.--(1) Notwithstanding subsection (a), a State or
political subdivision thereof may adopt and enforce standards for the
control of emissions from new motor vehicles that are taxicabs and
other vehicles if such standards will be, in the aggregate, at least as
protective of public health and welfare as applicable Federal standards
and if such taxicabs and other vehicles--
``(A) are passenger motor vehicles that are capable
of transporting not more than 10 individuals, including
the driver;
``(B) are commercially available or are designed
and manufactured pursuant to a contract with such State
or political subdivision thereof;
``(C) are operated for hire pursuant to an
operating or regulatory license, permit, or other
authorization issued by such State or political
subdivision thereof;
``(D) provide local transportation for a fare
determined on the basis of the time or distance
traveled or a combination of time and distance
traveled; and
``(E) do not exclusively provide transportation to
and from airports.
``(2) If each standard of a State or political subdivision thereof
is at least as stringent as the comparable applicable Federal standard,
such standard of such State or political subdivision thereof shall be