59–010 

Calendar No. 140 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–65 

ENERGY SAVINGS ACT OF 2007 

MAY 7, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1321] 

The Committee on Energy and Natural Resources, having considered the same, reports favorably thereon, an original bill (S. 1321) 

to enhance the energy security of the United States by promoting 

biofuels, energy efficiency, and carbon capture and storage, and for 

other purposes, and recommends that the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of the measure is to enhance the energy security of 

the United States by promoting biofuels, energy efficiency, and carbon capture and storage. 

BACKGROUND AND NEED

Events unfolding on the world stage, continuing pressure on the 

price of vital energy commodities and the recognition that opportunity exists for the United States to become a global leader in the 

development of innovative energy technologies have combined to 

fashion an emerging consensus among American citizens and the 

Congress alike: the nation must move forward aggressively to enhance its energy security. 

In 2005, the United States imported roughly 60 percent of the 

petroleum it consumed, a figure that is projected to approach 70 

percent over the next two decades. More than 35 percent of the estimated increase in imports is expected to come from member-nations of the Organization of Petroleum Exporting Countries 

(OPEC). Meanwhile, petroleum prices have increased substantially 

in recent years—putting strain on the budgets of families, farmers 

and businesses across the nation, but also imposing costs on the 


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American economy as a whole, adding an estimated $120 billion to 

the nation’s trade deficit in 2005 and 2006. 

As the nation’s reliance on foreign supplies of petroleum has 

grown, so too has the need for federal policies that promote new 

technologies and more efficient use of energy, tap the potential of 

home-grown biofuels, and nurture America’s talent for innovation. 

Such policies reinforce the security objectives of the United States, 

are consistent with principles of environmental stewardship, and 

hold the promise of new job-creation and enhanced competitiveness 

in an increasingly global economy. This legislation addresses three 

key areas in which the United States can make substantial strides 

toward improving its energy security: increased domestic production of renewable fuels; strengthened energy efficiency requirements; and critical research on technologies to reduce carbon emissions. 

Biofuels for energy security and transportation 

In recent years, a number of factors have sharpened public focus 

on the search for viable alternatives to conventional petroleumbased fuels. These factors include increased world oil prices, concerns regarding import dependence, and the environmental effects 

of vehicle emissions. Biofuels—a term which includes ethanol and 

biodiesel—can be derived from an array of crops and other biological materials available throughout the nation. Since the 1970s, all 

cars and light-trucks with gasoline engines built for the U.S. market have been able to run on ethanol blends of up to 10 percent 

(E10). A smaller yet increasing number of vehicles—estimated at 

about 6 million on American roads today—can run on fuel comprised of 85 percent ethanol, or E85. Meanwhile, existing diesel engines can run on biodiesel in any concentration. Due to concerns 

about quality standards, however, manufacturers may not honor 

warranties for engines running on biodiesel blends in excess of 5 

percent (B5) or 20 percent (B20). 

The passage of the Energy Policy Act of 2005 (Public Law Number 109–58) was a watershed event for the nation’s biofuels industry, establishing the first federal Renewable Fuels Standard (RFS). 

The RFS created an escalating requirement for the amount of 

biofuels blended in U.S. gasoline, starting with 4 billion gallons in 

2006, and accelerating to 7.5 billion gallons in 2012. However, increased use of biofuels is already surpassing the original RFS targets, with 5 billion gallons added to U.S. gasoline in 2006. Another 

6 billion gallons of production capacity is expected to go into operation by 2009, bringing total domestic production capacity to approximately 11.7 billion gallons. According to the Energy Information Administration’s 2007 Annual Energy Outlook, ‘‘the market 

potential for biofuel blends (E10, B5, and B20) remains significantly larger than current production levels and will continue to 

absorb the biofuel supply for the foreseeable future.’’

Yet, challenges remain if biofuels are to become a cornerstone of 

U.S. efforts to improve national energy security. Today, approximately 98 percent of domestic ethanol production is derived from 

cornstarch—creating upward pressure on commodity prices, restricting production to regions of the country where corn is grown, 

and posing challenges to efficient distribution of the fuel. Diversifying feedstocks to include a broader array of renewable biomass 


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can promote regional diversity in biofuels production and distribution, spreading economic benefits to rural communities across the 

country and relieving pressure on corn commodity prices. In addition, it can lead to greater efficiency in the fuel-production process 

and help save on fossil fuel emissions. 

Another issue key to making biofuels a significant factor in displacing domestic petroleum use relates to existing infrastructure 

challenges. Of the nearly 170,000 vehicle fueling stations in the 

U.S., just one percent—about 1,767—carried E85 or biodiesel in 

2006. Consumers must have access to these fuels, if they are to become a viable alternative. 

The Committee believes that increasing and extending the existing RFS—with specific incentives for the production of biofuels 

from new sources of renewable biomass—is required, to provide 

market certainty to both the existing ethanol industry and the next 

generation of advanced biofuels producers. In addition, federal resources are needed to help break down infrastructure barriers to 

renewable fuel distribution, and address basic scientific challenges 

associated with the use of promising new feedstocks. 

Energy efficiency 

In addition to producing more domestic renewable energy, using 

existing resources more efficiently promises further to enhance U.S. 

energy security, provide environmental benefits, and save consumers money. 

Improving efficiency in transportation remains one of the most 

important—and vexing—energy challenges facing the nation. Consumption of liquid fuels is currently projected to grow by more than 

6 million barrels per day, from 2005 to 2030—5.8 million barrels 

per day attributable to transportation. As fuel consumption increases, so too do U.S. imports—a key concern for both economic 

and national security reasons. 

A concerted federal effort is needed to reduce the transportation 

sector’s consumption of liquid fuels in general, and gasoline in particular. This initiative will necessitate a serious plan and the concerted leadership of present and future Administrations. In addition, investments in advanced vehicle technology development, 

basic science related to energy storage, and public education are required. 

The federal government itself represents the nation’s largest energy consumer and, as such, can play a key role in bringing new 

renewable energy and efficiency technologies to market. In addition, improved federal efficiency can save taxpayers money. Even 

as the government has reduced its energy consumption—savings of 

2.5 percent from Fiscal Year 2004 to Fiscal Year 2005—federal energy costs nevertheless increased 24.1 percent, to $14.5 billion. Rising energy prices have an impact on the federal budget, as on every 

consumer and business in America. To capture additional savings, 

federal efficiency requirements—from lighting procurement, to petroleum displacement, to energy management strategies across federal buildings—should be strengthened. 

Individual consumers also realize the benefits of improved energy 

efficiency. That is particularly true when it comes to improving the 

performance of lighting technologies and appliances, which together can contribute as much as two-thirds of an average AmerVerDate Aug 31 2005 04:54 May 13, 2007 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR065.XXX SR065

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ican household’s electricity costs. Lighting alone is estimated to 

consume about 22 percent of all U.S. electricity generation. Refrigerators account for an estimated additional 12 percent of U.S. residential energy use. To maximize consumer benefits, the Department of Energy’s standards-setting process should be streamlined 

and strengthened, and new federal requirements must be established for a number of different kinds of household appliances. 

Carbon capture and storage research, development, and demonstration 

Carbon capture and storage (CCS), often called carbon sequestration, has attracted interest as a measure for mitigating global climate change. While scientific and technological challenges remain, 

carbon sequestration holds particular promise related to the potentially large amounts of carbon dioxide emitted from the use of fossil 

fuels. Electric generating plants may be the most likely initial candidates for implementing carbon sequestration, given that they are 

predominantly large, single-point sources, and contribute an estimated one-third of U.S. carbon dioxide emissions from fossil fuels. 

A viable, integrated CCS system would include three main components: (1) Capture and separation of carbon dioxide at the source 

of generation; (2) the transportation of captured carbon dioxide to 

a storage site; and (3) storage in a geological reservoir. There are 

many ways that carbon storage can occur, such as through direct 

geologic injection, forest and plant uptake (indirect), soil biomass 

accumulation (indirect), direct ocean injection, and many others. 

The Energy Policy Act of 2005 directed the Secretary of Energy 

to carry out research and development on technologies designed to 

capture carbon dioxide, specifically with respect to combustionbased energy systems. However, given the critical nature of these 

efforts, the need to demonstrate emerging methodologies, and the 

potential to apply them to a wider variety of energy technologies, 

the existing program should be strengthened and further expanded. 

In addition, more research is needed to assess the characteristics 

of various geological formations, and their suitability as sites for 

carbon storage. Existing surveys do not provide a comprehensive 

account of potential geologic storage sites across the United States, 

and methodologies should be standardized. 

In sum, the Committee supports moving forward expeditiously 

with groundbreaking research on carbon sequestration, spurring diverse, domestic renewable fuels production, and promoting energy 

efficiency throughout the economy. The Committee believes this 

legislation is needed to make substantial progress on all of these 

key initiatives, thereby improving the energy security of the United 

States and reducing the nation’s dependence on imported oil. 

LEGISLATIVE HISTORY

The Committee on Energy and Natural Resources held five oversight hearings on the subjects of biofuels, energy efficiency, and 

carbon capture and sequestration in the first three months of the 

110th Congress. The five hearings were on fuel efficiency in the 

transportation sector (Full Committee hearing, January 30, 2007), 

biofuels (Full Committee conference, February 1, 2007), energy efficiency programs (Subcommittee on Energy hearing, February 12, 

2007), advanced energy technologies (Full Committee hearing, 


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March 7, 2007), and coal (Full Committee hearing, March 22, 

2007). 

Subsequently, the Chairman and Ranking Member of the Committee introduced three bipartisan bills on the three subjects: S. 

962, the Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007, on March 22, 

2007; S. 987, the Biofuels for Energy Security and Transportation 

Act of 2007, on March 26, 2007; and S. 1115, the Energy Efficiency 

Promotion Act of 2007, on April 16, 2007. In addition, Senator 

Salazar introduced S. 731, the National Carbon Dioxide Storage 

Capacity Assessment Act of 2007, on March 1, 2007. 

The Full Committee held legislative hearings on S. 987, the 

Biofuels for Energy Security and Transportation Act, on April 12, 

2007; on S. 731, the National Carbon Dioxide Storage Capacity Assessment Act of 2007, and S. 962, the Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007, on April 16, 2007; and on S. 1115, the Energy Efficiency Promotion Act of 2007, on April 23, 2007. 

On April 27, 2007, the Chairman and Ranking Member circulated to Members of the Committee a draft of an original bill 

drawn from the text of S. 987, S. 1115, and a combination of S. 731 

and S. 962. 

The Committee on Energy and Natural Resources met in open 

business session on May 2, 2007 to consider the draft, and ordered 

an original bill favorably reported. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in 

open business session on May 2, 2007, by majority vote of a 

quorum present, recommends that the Senate pass an original bill, 

as described herein. 

The rollcall vote on reporting the measure was 20 yeas, 3 nays, 

as follows: 

YEAS NAYS 

Mr. Bingaman Mr. Thomas 

Mr. Akaka Mr. Burr 

Mr. Dorgan Mr. DeMint 

Mr. Wyden* 

Mr. Johnson* 

Ms. Landrieu 

Ms. Cantwell 

Mr. Salazar 

Mr. Menendez* 

Mrs. Lincoln 

Mr. Sanders 

Mr. Tester 

Mr. Domenici 

Mr. Craig 

Ms. Murkowski 

Mr. Corker 

Mr. Sessions* 

Mr. Smith* 

Mr. Bunning* 

Mr. Martinez* 

*Indicates vote by proxy. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of Contents 

Section 1 provides a short title and table of contents. 

Section 2. Definition of Secretary 

Section 2 defines ‘‘Secretary’’ for purposes of this Act as the Secretary of Energy. 

TITLE I—BIOFUELS FOR ENERGY SECURITY AND 

TRANSPORTATION 

Section 101. Short title 

Section 101 names title I the ‘‘Biofuels for Energy Security and 

Transportation Act of 2007’’. 

Section 102. Definitions 

Section 102 defines the terms used in this title. These terms include ‘‘advanced biofuel,’’ which means any fuel derived from a 

source of renewable biomass other than corn starch. The definition 

of ‘‘renewable biomass’’ included in this section clarifies that it does 

not include biomass harvested from Federal lands that is derived 

from the main stem of old-growth trees. The definition of ‘‘renewable biomass’’ further clarifies that certain Indian lands are to be 

considered ‘‘non-Federal lands’’ for purposes of the definition even 

though held or administered by the United States. 

SUBTITLE A—RENEWABLE FUELS STANDARD 

Section 111. Renewable fuels standard 

Section 111 requires the President to promulgate regulations to 

ensure that renewable fuels are consumed for motor vehicles, home 

heating oil, and boiler fuels in amounts escalating from 8.5 billion 

gallons in 2008, to 36 billion gallons in 2022. It also requires that, 

of those amounts, advanced biofuels not derived from corn starch 

comprise volumes rising from 3 billion gallons in 2016, to 21 billion 

gallons in 2022. This section further stipulates that the regulations 

issued under this section must ensure that biofuels facilities built 

after the date of enactment achieve at least a 20 percent reduction 

in life cycle greenhouse gas emissions, compared to gasoline. It also 

contains provisions related to participation by small refiners, opportunities for the President to waive the program requirements, 

and provisions for a fuel producer credit trading program. 

Section 112. Production of renewable fuel using renewable energy 

Section 112 provides for the creation of a credit not to exceed the 

equivalent of 1.5 gallons, awarded under the trading program established pursuant to section 111, for facilities that use renewable 

energy to displace more than 90 percent of fossil fuel typically used 

in the production of renewable fuel. 

SUBTITLE B—RENEWABLE FUELS INFRASTRUCTURE 

Section 121. Infrastructure pilot program for renewable fuels 

Section 121 directs the Secretary to establish up to 10 geographically-dispersed renewable fuels corridors through competitive 


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grants to state, local, tribal governments, metropolitan transportation authorities or partnerships, through the Department of Energy’s Vehicle Technology Deployment Program. 

Section 122. Bioenergy research and development 

Section 122 amends the Energy Policy Act of 2005 to increase 

funding authorizations for bioenergy research and development by 

50 percent for fiscal years 2008 and 2009. 

Section 123. Bioresearch centers for systems biology program 

Section 123 increases the number of bioresearch centers focused 

on biofuels to 11, to cover the range of climates, regions, and feedstocks in the United States. 

Section 124. Loan guarantees for renewable fuel facilities 

Section 124 stipulates that the first six loan guarantees for advanced biofuels facilities can be made in advance of DOE’s rulemaking to implement Title 17 of the Energy Policy Act of 2005. It 

requires the Secretary to approve or disapprove applications for 

these six applications in 90 days, and to provide written explanations of those decisions to Congress. This section also clarifies 

underlying provisions of the Energy Policy Act of 2005, with respect to loan guarantee implementation. 

Section 125. Grants for renewable fuel production research and development in certain States 

Section 125 directs the Secretary to provide grants for research 

in renewable fuels technologies to certain institutions of higher 

education, tribal or local government agencies, or consortiums of 

such organizations, in states with low rates of ethanol production. 

It authorizes $25 million for this purpose in each of fiscal years 

2008 through 2010. 

Section 126. Grants for infrastructure for transportation of biomass 

to local biorefineries 

Section 126 directs the Secretary to provide grants to local governments, tribes and other entities to promote the development of 

infrastructure to support the transportation of biomass to local biorefineries. 

Section 127. Biorefinery information center 

Section 127 directs the Secretary to cooperate with the Secretary 

of Agriculture to establish a biorefinery information center. The 

center must make available information on renewable fuel resources, producers, and users, programs and incentives related to 

biorefineries, through a website and call center. 

Section 128. Alternative fuel database and materials 

Section 128 directs the Secretary and Director of the National Institute of Standards and Technology (NIST) to establish a public 

database and standard reference materials for physical properties 

of renewable fuels. 


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Section 129. Fuel tank cap labeling requirement 

Starting in model year 2010, section 129 requires labeling of fuel 

tank caps for alternative fuel vehicles to inform consumers the vehicles can operate on alternative fuels. 

Section 130. Biodiesel 

Section 130 requires the Secretary to submit to Congress within 

180 days a study identifying any research and development challenges associated with increasing to 5 percent the amount of biodiesel contained in diesel fuel sold in the U.S. It further requires 

the President to promulgate regulations establishing uniform labeling of biodiesel blends, consistent with published standards of the 

American Society for Testing and Materials (ASTM). This section 

also requires the President to issue regulations within 180 days of 

enactment, to ensure that only biodiesel certified in compliance 

with the ASTM 6751 standard is introduced into interstate commerce, and authorizes $3 million in each of fiscal years 2008 

through 2010 for these purposes. 

SUBTITLE C—STUDIES 

Section 141. Study of advanced biofuels technologies 

Section 141 directs the Secretary to contract with the National 

Academy of Sciences, to study the state of technologies related to 

the production, transportation and distribution of advanced 

biofuels; assess whether technological development will be sufficient to meet requirements of the renewable fuels standard established under section 111, and make policy recommendations appropriate to further accelerate the development and commercialization 

of those technologies. 

Section. 142. Study of increased consumption of ethanol-blended 

gasoline with higher levels of ethanol 

Section 142 directs the Secretary, in coordination with the Secretary of Agriculture, Administrator of the Environmental Protection Agency, and the Secretary of Transportation, to study the feasibility of nationwide consumption of ethanol at levels between E10 

and E40. 

Section 143. Pipeline feasibility study 

Section 143 directs the Secretary, in coordination with the Secretary of Agriculture and the Secretary of Transportation, to study 

the feasibility of dedicated ethanol pipelines. 

Section 144. Study of optimization of alternative fueled vehicles to 

use E–85 fuel 

Section 144 directs the Secretary to study optimization of alternative fueled vehicles, to reduce the efficiency loss those vehicles 

experience when fueled by E85. 

Section 145. Study of credits for use of renewable electricity in electric vehicles 

Section 145 directs the Secretary to study the feasibility of 

issuing credits under the program established in section 111 to 

electric vehicles powered by renewable electricity sources. 


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Section 146. Study of engine durability associated with the use of 

biodiesel 

Section 146 directs the Secretary to study the effects of varying 

concentrations of biodiesel blends on engine durability. 

Section 147. Study of incentives for renewable fuels 

Section 147 directs the President to submit to Congress within 

one year a study of the renewable fuels industry and markets in 

the U.S., including costs for producing conventional and advanced 

biofuels; factors affecting market prices for biofuels; and financial 

incentives necessary to enhance the domestic biofuels industry and 

reduce dependence on foreign oil from 2011 through 2030. 

Section 148. Study of streamlined lifecycle analysis tools for the 

evaluation of renewable carbon content of biofuels 

Section 148 directs the Secretary to study published methods for 

evaluating lifecycle fossil and renewable carbon content of fuels, including conventional and advanced biofuels; and methods for performing simplified, streamlined lifecycle analyses of these factors. 

Section 149. Study of the adequacy of railroad transportation of domestically-produced renewable fuel 

Section 149 requires the Secretary, in consultation with the Secretary of Transportation, to conduct a study of the adequacy of railroad transportation for domestically-produced renewable fuels, including track locations, supply of tank cars, projected costs, impacts 

on marketability, competition, and related matters. 

Section 150. Study on effects of ethanol-blended gasoline on off road 

vehicles 

Section 150 requires the Secretary, in consultation with the Secretary of Transportation and Administrator of the Environmental 

Protection Agency, to study the effects of ethanol-blended gasoline 

on off-road vehicles and recreational boats. 

TITLE II—ENERGY EFFICIENCY PROMOTION 

Section 201. Short title 

Section 201 names title II the ‘‘Energy Efficiency Promotion Act 

of 2007.’’

SUBTITLE A—PROMOTING ADVANCED LIGHTING 

TECHNOLOGIES 

Section 211. Accelerated procurement of energy efficient lighting 

Section 211 requires all general purpose lighting in Federal 

buildings to be Energy Star-rated or designated as efficient by the 

Federal Energy Management Program by October 1, 2013, pursuant to guidelines issued by the Secretary. 

Section 212. Incandescent reflector lamp efficiency standards 

Section 212 expands the types of incandescent reflector lamps 

covered by efficiency standards that will be effective January 1, 

2008. 


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Section 213. Bright Tomorrow Lighting Prizes 

Section 213 awards three prizes based on LED technology for (1) replacing the 60-watt incandescent ($10M), (2) the Type 38 Halogen Parabolic Reflector ($5M) and (3) a ‘‘twenty first century lamp,’’ the performance and efficiency characteristics of which exceed any 

light source in current use ($5M). Upon achieving the prize metrics 

for replacing the 60-watt incandescent and the Type 38 Halogen 

Parabolic Reflector, the Secretary of Energy and the Administrator 

of the General Services Administration are directed to develop Federal purchase guidelines for government-wide purchase so that the 

U.S. Government becomes the first user of the technology. 

Section 214. Sense of the Senate concerning efficient lighting standards 

Section 214 expresses the Sense of the Senate that Federal policies to transform the U.S. market to more efficient lighting should 

be adopted. 

Section 215. Renewable energy construction grants 

Section 215 authorizes grants for construction of certain renewable energy projects, requiring eligible applicants to contribute not 

less than 50 percent of total project costs. 

SUBTITLE B—EXPEDITING NEW ENERGY EFFICIENCY 

STANDARDS 

Section 221. Definition of energy conservation standard 

Section 221 expands the definition of ‘‘energy conservation standard’’ to include one or more design requirements as part of a consensus agreement reached under section 224, and to include performance standards for water use for residential clothes washers 

and residential dishwashers. 

Section 222. Regional efficiency standards for heating and cooling 

products 

Section 222 authorizes a process by which the Secretary may 

make a determination that more stringent Federal efficiency standards for heating and cooling products are appropriate for up to two 

additional regions. If such a determination is made, a State within 

the region may petition to have the more-stringent standard apply. 

This section requires the Secretary to make a decision within 180 

days of a State petition. The petition may not be granted if the Secretary finds, after a comment process and consideration of factors, 

that the state regulation would significantly burden manufacturing, marketing, distribution, sale or servicing of a covered product on a national basis. 

Section 223. Furnace fan rulemaking 

Section 223 requires the Secretary to publish a final furnace fan 

efficiency rule by December 31, 2014. 

Section 224. Expedited rulemakings 

Section 224 allows the Secretary to conduct expedited energy 

conservation standard rulemakings if certain conditions are met—

specifically, the filing of a joint comment or petition demonstrating 


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broad support for a consensus standard, and Secretarial determination that the legal criteria for the standard have been met. 

Section 225. Periodic reviews 

Section 225 establishes a schedule for Department of Energy review of energy conservation standards, to determine if the standards should be updated. 

Section 226. Energy efficiency labeling for consumer products 

Section 226 directs the Federal Trade Commission, in consultation with the Secretary and Administrator of the Environmental 

Protection Agency, to promulgate regulations to add personal computers, computer monitors, televisions, set-top boxes and digital 

video recorder devices to the Energy Guide labeling program. 

Section 227. Energy conservation standards for residential boilers 

Section 227 adopts a consensus agreement on minimum efficiency standards for residential gas, oil and electric boilers, effective September 1, 2012. 

Section 228. Technical corrections 

Section 228 makes technical corrections to a number of definitions and effective dates. 

Section 229. Electric motor efficiency standards 

Section 229 adopts a consensus agreement on new efficiency 

standards for three broad categories of electric motors, effective 36 

months after enactment. 

Section 230. Energy standards for home appliances 

Section 230 adopts a consensus agreement on new efficiency 

standards and water conservation standards for residential clothes 

washers and dishwashers; adopts a new standard for residential 

dehumidifiers; and mandates a final rule on efficiency standards 

for residential refrigerators and freezers by 2011. 

Section 231. Improved energy efficiency for appliances and buildings in cold climates 

Section 231 authorizes research on technologies to improve the 

energy efficiency of buildings and appliances in extremely cold climates and includes relevant energy efficient products in the rebates program created in section 124 of the Energy Policy Act of 

2005. 

Section 232. Deployment of new technologies for high-efficiency consumer products 

Section 232 directs the Secretary to competitively award financial incentives for the manufacture of high-efficiency consumer 

products, based on bids for dollar/megawatt-hour or million Btus 

saved. 

Section 233. Industrial efficiency program 

Section 233 directs the Secretary, in cooperation with materials 

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rials manufacturing, industrial and commercial processes, technologies and techniques to optimize energy efficiency. It directs the 

Secretary to establish partnerships with eligible entities, to increase energy efficiency of industrial and commercial processes and 

facilities, research, develop and demonstrate advanced technologies 

to achieve these goals, and promote deployment of these technologies. It establishes requirements for entities submitting proposals to the Secretary under the program, and establishes costsharing requirements in accordance with section 988 of the Energy 

Policy Act of 2005. Funds are authorized for carrying out these purposes, in amounts beginning at $184 million in fiscal year 2008, escalating to $208 million in fiscal year 2012 and including such 

sums as necessary in subsequent years. 

SUBTITLE C—PROMOTING HIGH EFFICIENCY VEHICLES, 

ADVANCED BATTERIES AND ENERGY STORAGE 

Section 241. Lightweight materials research 

Section 241 directs the Secretary to establish a research and development program on the use of lightweight materials such as advanced carbon composites and light-weight steel alloys, for use in 

the construction of vehicles. It authorizes $60 million for these purposes in each of fiscal years 2007 through 2012. 

Section 242. Loan guarantees for fuel-efficient automobile manufacturers and suppliers 

Section 242 authorizes the Secretary to issue loan guarantees for 

facilities that manufacture parts for fuel-efficient vehicles, including hybrid and advanced diesel vehicles, by amending sections 712 

and 1703 of the Energy Policy Act of 2005. 

Section 243. Advanced technology vehicles manufacturing incentive 

program 

Section 243 authorizes awards for 30 percent of qualified investments for incremental costs incurred to re-equip, expand or establish a manufacturing facility to produce advanced technology vehicles (such as advanced diesels or electric drive vehicles), eligible 

components or any associated engineering costs. Advanced technology vehicles are defined as those that meet current and future 

emission standards established by the Administrator of the Environmental Protection Agency and achieve at least 125 percent of 

combined fuel economy for vehicles of a substantial similar footprint. Combined fuel economy is defined as the adjusted dynamometer values that must be displayed on window stickers, per 49 

U.S.C. 32908, for standard vehicles; for electric drive vehicles that 

recharge from off-board supplied electricity, the mileage is adjusted 

to account for the reduced gasoline use, per 10 C.F.R. 474. Qualified facilities placed in service before December 30, 2017, are eligible for awards under this section. 

Section 244. Energy storage competitiveness 

Section 244 is titled the ‘‘United States Energy Storage Competitiveness Act of 2007’’. This section directs the Secretary to initiate 

a 10-year research, development and demonstration program to ensure U.S. competitiveness in global energy storage markets. An adVerDate Aug 31 2005 04:54 May 13, 2007 Jkt 059010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR065.XXX SR065

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visory panel of energy storage industry experts is to make recommendations on 5-year roadmaps for energy storage technologies 

applicable to the transportation and electric distribution sectors. 

Four competitively selected centers of excellence for energy storage 

are authorized. The Department of Energy’s nanoscience centers 

are directed to have as part of their mission overcoming grand 

challenges associated with energy storage. For each of fiscal years 

2008 through 2017, it authorizes $50 million in funding for basic 

research in these areas; $80 million for applied research and $100 

million for the energy storage research center program initiated 

under this section. 

Section 245. Advanced transportation technology program 

Section 245 directs the Secretary to establish a competitive program to provide grants for demonstrations of electric drive vehicles, 

placing priority on proposals that are most likely to lead to commercialization and production of electric drive vehicles and reduce 

petroleum usage. Electric drive vehicles are defined as light-, 

medium- or heavy-duty vehicles that draw power from batteries of 

at least 4 kilowatt-hours and can be recharged from an external 

electricity source. States, local governments, metropolitan transportation authorities, air pollution control districts, private and nonprofit entities are eligible to submit proposals under this section. 

Grant recipients must comply with cost-sharing requirements of 

section 988 of the Energy Policy Act of 2005, and report to the Secretary on an annual basis data related to vehicle performance, 

lifecycle costs and emissions, including greenhouse gases. This section authorizes for these purposes $60 million for each of fiscal 

years 2008 through 2012, and establishes that not less than $20 

million of annual funds should comprise grants to local and municipal government entities. 

This section also directs the Secretary to establish a near-term 

oil saving transportation deployment program. Competitive grants 

are authorized for: (1) any project that simultaneously reduces 

emissions of pollutants and greenhouse gas emissions, and reduces 

petroleum usage at least 40 percent compared to commercially 

available petroleum-based technologies used in non-road vehicles; 

and (2) oil-saving electrification projects involving on-road commercial trucks, rail transportation, ships, or any associated infrastructure. The cost-sharing requirements established under section 988 

of the Energy Policy Act of 2005 are applied to grants made pursuant to this section, and $90 million is authorized to carry out its 

purposes for each of fiscal years 2008 through 2013. 

SUBTITLE D—SETTING ENERGY EFFICIENCY GOALS 

Section 251. National goals for energy savings in transportation 

Section 251 establishes that it is the goal of the United States 

to reduce national gasoline usage 20 percent by 2017; 35 percent 

by 2025; and 45 percent by 2030, relative to projections for usage 

in these years contained in the Energy Information Administration’s Annual Energy Outlook 2007. It requires the Secretary, in cooperation with the Administrator of the Environmental Protection 

Agency and other relevant Federal agency heads to submit to Congress a strategic plan that establishes regulatory, funding and polVerDate Aug 31 2005 04:54 May 13, 2007 Jkt 059010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR065.XXX SR065

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icy priorities to ensure compliance with the national goals within 

one year of enactment. The plan must be updated biennially. 

Section 252. National energy efficiency improvement goals 

Section 252 establishes that it is the goal of the United States 

to achieve an improvement of the nation’s overall energy productivity (measured as Gross Domestic Product per unit of energy 

input) of at least 2.5 percent by 2012, and each year thereafter 

through 2030. The Secretary, in cooperation with the Administrator of the Environmental Protection Agency and other relevant 

Federal agency heads, is required to submit to Congress a strategic 

plan that establishes regulatory, funding and policy priorities to 

ensure compliance with the national goals within one year of enactment. The plan must be updated biennially. 

Section 253. National media campaign 

Section 253 directs the Secretary, acting through the Assistant 

Secretary for Energy Efficiency and Renewable Energy, to develop 

and conduct a four-year national media campaign to educate consumers about means to achieve energy savings and decrease oil 

consumption in the United States. This section authorizes $5 million to be appropriated for these purposes, in each of fiscal years 

2008 through 2012, with no less than 50 percent of these funds expended on efforts to educate the public about means to reduce oil 

consumption. It further requires that no less than 85 percent of annual funds be spent on advertising, rather than administrative 

functions, and mandates an annual report to Congress on the campaign’s strategy, objectives and accomplishments. 

Section 254. Modernization of Electricity Grid Systems 

Section 254 declares that it is the policy of the United States 

that developing and deploying advanced technology to modernize 

and improve the efficiency of the domestic electricity grid is essential to maintaining reliable and secure supply that can meet future 

demand growth. In addition, this section authorizes the Secretary, 

the Federal Energy Regulatory Commission and other Federal 

agencies as appropriate to carry out programs in support of the 

use, development, and demonstration of advanced transmission and 

distribution technologies, including real-time monitoring and analytical software, in order to achieve a number of purposes related 

to efficiency and the promotion of distributed generation and demand-side management technologies. 

SUBTITLE E—PROMOTING FEDERAL LEADERSHIP IN 

ENERGY EFFICIENCY AND RENEWABLE ENERGY 

Section 261. Federal fleet conservation requirements 

Section 261 requires the Secretary to issue regulations for Federal covered by the Energy Policy Act of 1992, to reduce petroleum 

consumption 20 percent by October 1, 2015 and increase by 10 percent annually the consumption of alternative fuels. The regulations 

must measure each requirement against a fiscal year 2005 baseline, and mandate the purchase of energy-efficient replacement 

tires for agency fleets to the maximum extent practicable, with exceptions provided for law enforcement, emergency vehicles, and veVerDate Aug 31 2005 04:54 May 13, 2007 Jkt 059010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR065.XXX SR065

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hicles that the Secretary of Defense certifies as exempt for national 

security reasons. The regulations mandated under this section 

must also direct each Federal agency to develop an implementation 

plan to achieve these requirements. 

This section further directs each Federal agency to actively promote incentive programs to reduce petroleum consumption through 

practices including the use of public transit, telecommuting, carpooling and bicycling, with monitoring and support by the Administrator of the General Services Administration, Director of the Office 

of Personnel Management and the Secretary. It also authorizes the 

Secretary to establish a program to recognize private sector employers, State and local governments for outstanding achievements 

in reducing petroleum consumption. Sums are authorized in the amount of $10 million for fiscal years 

2008 through 2013 to carry out the requirements of this section. 

Section 262. Federal requirement to purchase electricity generated 

by renewable energy 

Section 262 amends the Federal renewable electricity purchase 

goal established in section 203 of the Energy Policy Act of 2005, to 

establish a binding requirement, to the extent feasible and technically practicable, for the purchase of electricity from renewable 

sources, equivalent to not less than 10 percent by 2010, and 15 percent by 2015. The section requires the purchases to be made from 

facilities placed in service after January 1, 1999. 

Section 262 also applies the Federal renewable electricity purchase requirement to the Capitol Complex. 

Section 262 further provides the President authority to grant reductions or waivers of this section in any fiscal year, upon determinations that it would result in: negative impacts to military 

training or readiness of the Department of Defense; a negative impact on domestic preparedness activities conducted by the Department of Homeland Security; or negative impacts on a Federal agency’s ability to provide emergency response services in the event of 

a natural disaster or terrorist attack. 

Section 263. Energy savings performance contracts 

Section 263 permanently authorizes the energy savings performance contract (ESPC) program. It clarifies that Federal agencies 

may retain 100 percent of the guaranteed savings under an ESPC, 

and expands the definition of energy savings to include those derived from on-site renewable energy generation. This section also 

expands financing flexibility for Federal agencies to reduce costs, 

and requires a study of opportunities to use ESPCs for transportation energy savings and other non-building applications. It also 

requires that the Secretary and Secretary of Defense jointly conduct and submit to Congress and the President a study of the potential for ESPCs to reduce energy consumption and provide cost 

savings in non-building applications. 

Section 264. Energy management requirements for Federal buildings 

Section 264 amends section 543 of the National Energy Conservation Policy Act, to require a 30 percent reduction in energy 

consumption in existing Federal buildings by 2015. 


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Section 265. Combined heat and power and district energy installation at Federal sites 

Section 265 amends section 543 of the National Energy Conservation Policy Act, to require the identification of Federal sites 

that could achieve significant energy savings through the installation of combined heat and power or district energy systems. It directs the Secretary, in consultation with the Administrator of the 

General Services Administration and the Secretary of Defense, to 

complete this assessment not later than 18 months after enactment. It allows efficiency achieved through installations of combined heat and power or district energy systems to be counted towards requirements established in section 264 of this Act. 

Section 266. Federal building performance standards 

Section 266 requires new Federal buildings to reduce fossil fuel 

energy consumption, to eliminate it entirely by 2030. It mandates 

that Federal buildings, to the maximum extent economically feasible and technically practicable, be designed to reduce fossil fuelgenerated energy consumption relative to a fiscal year 2003 baseline, in amounts starting at 50 percent in fiscal year 2007, 60 percent in 2010, with a 10 percent increase in savings every five years 

thereafter, until it is entirely eliminated. 

Section 267. Application of international energy conservation code to 

public and assisted housing 

Section 267 applies updated energy conservation codes to public 

and assisted housing administered by the Department of Housing 

and Urban Development. 

Section 268. Energy Efficient Commercial Buildings Initiative 

Section 268 directs the Secretary to enter into an agreement with 

a consortium of eligible stakeholders, to undertake an initiative to 

reduce the quantity of energy consumed by U.S. commercial buildings. This section establishes as goals of this initiative increased 

numbers of energy efficient commercial buildings in the U.S., including all newly-constructed buildings by 2030; 50 percent of the 

entire U.S. commercial building stock by 2040; and all commercial 

buildings by 2050. 

To carry out the initiative, this section authorizes the Secretary, 

in collaboration with the consortium, to conduct: research and development on building design, materials and related energy efficient practices; demonstration projects to evaluate replicable approaches to energy savings in a variety of climates; deployment activities to encourage widespread adoption of efficient technologies 

and practices; and other activities necessary to achieve the goals of 

the initiative authorized under this section. 

SUBTITLE F—ASSISTING STATE AND LOCAL 

GOVERNMENTS IN ENERGY EFFICIENCY 

Section 271. Weatherization assistance for low-income persons 

Section 271 reauthorizes the Federal Weatherization Assistance 

program through fiscal year 2012, and increases funding levels by 

$50 million per year, to $750 million for fiscal years 2008 through 

2012. 


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Section 272. State energy conservation plans 

Section 272 reauthorizes the state energy program through fiscal 

year 2012. 

Section 273. Utility energy efficiency programs 

Section 273 amends the Public Utility Regulatory Policies Act 

(PURPA) of 1978, to require each electric utility to integrate energy 

efficiency into utility, state and regional integrated resource plans, 

and adopt policies to establish cost-effective efficiency as a priority 

resource. 

It further amends PURPA to establish that rates allowed to be 

charged by any electric or natural gas utility must align utility incentives with the delivery of cost-effective efficiency, and promote 

investments in efficiency. It requires State utility regulatory commissions and non-regulated utilities to consider: removing disincentives to efficiency inherent in some existing rate designs; providing 

utility incentives for effective management of efficiency programs, 

including the impact of adopting energy efficiency as one of the 

goals of rate design; and encouraging rate designs that promote efficiency gains for each class of retail customer. 

Section 274. Energy efficiency and demand response assistance 

Section 274 directs the Secretary, through the national laboratories, to provide technical assistance to State energy offices, public 

utility regulatory commissions and non-regulated utilities, with respect to implementation of energy efficiency and demand response 

programs established or updated under amendments to this title. 

Section 275. Energy and environmental block grant 

Section 275 authorizes block grants to States, eligible units of 

local governments and Indian tribes, for purposes of implementing 

energy efficiency programs. It directs the Secretary to develop formulae to distribute block grant funding to eligible units of local 

government and States, and places requirements on the use of 

funds distributed under the program. 

Section 276. Energy sustainability and efficiency grants for institutions of higher learning 

Section 276 authorizes grants to institutions of higher learning 

for energy efficiency and renewable energy demonstration projects. 

Section 277. Workforce training 

Section 277 authorizes a program to provide workforce training 

to meet the demand for skilled workers in the energy efficiency and 

renewable energy industries. 

Section 278. Assistance to states to reduce school bus idling 

Section 278 encourages local educational agencies to develop a 

policy to reduce the incidence of school bus idling. This section authorizes $5 million in funding for each of fiscal years 2007 through 

2012 for the Secretary of Energy to work with the Secretary of 

Education to inform States and local educational agencies of ways 

to reduce bus idling and the attendant benefits. 


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TITLE III—CARBON CAPTURE AND STORAGE RESEARCH, 

DEVELOPMENT, AND DEMONSTRATION 

Section 301. Short title 

Section 301 names title III the ‘‘Carbon Capture and Sequestration Act of 2007’’. 

Section 302. Carbon Capture and Storage Research, Development, 

and Demonstration Program 

Section 302 amends section 963 of the Energy Policy Act of 2005, 

to expand and improve the Department of Energy’s existing carbon 

capture and storage research and development program. This section directs the Secretary to conduct carbon sequestration demonstration projects, with an emphasis on large-scale geologic carbon 

dioxide injection. It also requires the Secretary to conduct fundamental science and engineering research in order to document new 

approaches to carbon dioxide capture and storage. It further expands the Department’s existing program emphasis beyond combustion-based systems, to assess carbon capture technologies related to a wider array of energy systems, including refineries, 

chemical and biofuels plants. The Secretary is further directed 

under this section to promote regional partnerships and must conduct at least seven large-scale sequestration tests, including one in 

cooperation with an international partner. 

Section 303. Carbon dioxide storage capacity assessment 

Section 303 directs the Secretary of Interior to develop a methodology for conducting a national assessment of geological storage capacity for carbon dioxide within 270 days, and requires completion 

of the assessment within 2 years of the methodology’s publication. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time this 

report was filed. When the Congressional Budget Office completes 

its cost estimate, it will be posted on the Internet at www.cbo.gov 

and the Chairman will request that it be printed in the Congressional Record for the advice of the Senate. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

the legislation. 

The bill establishes a renewable fuel content standard on fuel refineries, blenders, distributors, and importers. It also establishes 

energy efficiency standards on manufacturers of certain types of 

lighting, heating and cooling equipment, electric motors, and consumer appliances. There may be some economic costs associated 

with certain of these requirements, though these costs may be offset in whole or in part by reducing energy consumption and our dependence on foreign oil. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 


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Implementation of the renewable fuel standard involves the operation of a credit program, which may require fuel refineries, blenders, distributors, and importers to keep records and report information to the government. The bill directs the President to implement 

the credit program in a manner consistent with the existing program set up under the Energy Policy Act of 2005, and thus should 

not result in significant additional paperwork requirements. The 

bill requires federal agencies and, in one case, state public utility 

commissions, to conduct various studies or make various reports, 

and will require the reporting of certain information associated 

with grant and financial assistance programs. Little, if any, additional paperwork burdens on private industry or individuals should 

result from the enactment of the measure. 

EXECUTIVE COMMUNICATIONS

Executive communications on the original bill have not been received. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

TABLE OF CONTENTS OF EXISTING LAWS PROPOSED TO BE CHANGED

1. Energy Policy and Conservation Act, Public Law 94–63, as 

amended (42 U.S.C. 6201 et seq.) 

2. Energy Conservation and Production Act, Public Law 94–385, 

as amended (42 U.S.C. 6801 et seq.) 

3. Public Utility Regulatory Policies Act of 1978, Public Law 95– 617, as amended (16 U.S.C. 2601 et seq.) 

4. National Energy Conservation Policy Act, Public Law 95–619, 

as amended (42 U.S.C. 8201 et seq.) 

5. Cranston-Gonzalez National Affordable Housing Act, Public 

Law 101–626, as amended (42 U.S.C. 12701 et seq.) 

6. Energy Policy Act of 1992, Public Law 102–486, as amended 

(42 U.S.C. 13211 et seq.) 

7. Energy Policy Act of 2005, Public Law 109–58 (42 U.S.C. 

15801 et seq.) 

8. Title 10, United States Code 

ENERGY POLICY AND CONSERVATION ACT 

Public Law 94–63, as Amended (42 U.S.C. 6201 et seq.) 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 


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PART J—ENCOURAGING THE USE OF ALTERNATIVE FUELS 

Sec. 400AA. Alternative fuel use by light duty Federal vehicles. 

Sec. 400BB. Alternative fuels truck commercial application program. 

Sec. 400CC. Alternative fuels bus program. 

Sec. 400DD. Interagency Commission on Alternative Motor Fuels. 

Sec. 400EE. Studies and reports. 

Sec. 400FF. Federal fleet conservation requirements. 

TITLE III—IMPROVING ENERGY EFFICIENCY 

PART B—ENERGY CONSERVATION PROGRAM FOR 

CONSUMER PRODUCTS OTHER THAN AUTOMOBILES 

DEFINITIONS

SEC. 321. For purposes of this part: 

* * * * * * * 

ø(6) The term ‘‘energy conservation standard’’ means— ø(A) a performance standard which prescribes a minimum 

level of energy efficiency or a maximum quantity of energy use, 

or, in the case of showerheads, faucets, water closets, and urinals, water use, for a covered product, determined in accordance with test procedures prescribed under section 323; or 

ø(B) a design requirement for the products specified in paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of section 

322(a); and includes any other requirements which the Secretary may prescribe under section 325(r).¿ 

(6) The term ‘‘energy conservation standard’’ means— (A) a performance standard which prescribes a minimum 

level of energy efficiency or a maximum quantity of energy use, 

and, in the case of residential clothes washers, residential dishwashers, showerheads, faucets, water closets, and urinals, 

water use, for a covered product, determined in accordance with 

test procedures prescribed under section 323; or 

(B) a design requirement for the products specified in paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of section 

322(a); and includes 1 or more design requirements, as part of 

a consensus agreement under section 325 (hh); and any other 

requirements which the Secretary may prescribe under section 

325(r). 

* * * * * * * 

(30)(A) Except as provided in subparagraph (E), the term ‘‘fluorescent lamp’’ means a low pressure mercury electric-discharge 

source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into light, including only the following: 

* * * * * * * 

(B) The term ‘‘general service fluorescent lamp’’ means fluorescent lamps which can be used to satisfy the majority of fluorescent 

applications, but does not include any lamp designed and marketed 

for the following nongeneral lighting applications: 

(i) Fluorescent lamps designed to promote plant growth. 

(ii) Fluorescent lamps specifically designed for cold temperature installations. 

(iii) Colored fluorescent lamps. 

(iv) Impact-resistant fluorescent lamps. 


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(v) Reflectorized or aperture lamps. 

(vi) Fluorescent lamps designed for use in reprographic 

equipment. 

(vii) Lamps primarily designed to produce radiation in the 

ultra-violet region of the spectrum. 

(viii) Lamps with a color rendering index of ø82¿ 87 or greater. 

(C) Except as provided in subparagraph (E), the term ‘‘incandescent lamp’’ means a lamp in which light is produced by a filament 

heated to incandescence by an electric current, including only the 

following: 

(i) Any lamp (commonly referred to as lower wattage nonreflector general service lamps, including any tungsten-halogen 

lamp) that has a rated wattage between 30 and 199 watts, has 

an E26 medium screw base, has a rated voltage or voltage 

range that lies at least partially within 115 and 130 volts, and 

is not a reflector lamp. 

(ii) Any lamp (commonly referred to as a reflector lamp) 

which is not colored or designed for rough or vibration service 

applications, that contains an inner reflective coating on the 

outer bulb to direct the light, an R, PAR, øor similar bulb 

shapes (excluding ER or BR)¿ ER,BR,BPAR, or similar bulb 

shapes with E26 medium screw bases, a rated voltage or voltage range that lies at least partially within 115 and 130 volts, 

a diameter which exceeds ø2.75¿ 2.25 inches, and øis either—

(I) a low(er) wattage reflector lamp which has a rated 

wattage between 40 and 205 watts; or 

(II) a high(er) wattage reflector lamp which has a rated 

wattage above 205 watts¿ has a rated wattage that is 40 

watts or higher. 

(iii) Any general service incandescent lamp (commonly referred to as a high- or higher-wattage lamp) that has a rated 

wattage above 199 watts (above 205 watts for a high wattage 

reflector lamp). 

* * * * * * * 

(46)(A) The term ‘‘high intensity discharge lamp’’ means an electric-discharge lamp in which—

(i) the light-producing arc is stabilized by øbulb¿ the arc tube 

wall temperature; and 

(ii) the arc tube øhas a bulb¿ wall loading is in excess of 3 

Watts/cm2. 

(B) The term ‘‘high intensity discharge lamp’’ includes mercury 

vapor, metal halide, and high-pressure sodium lamps described in 

subparagraph (A). 

(47)(A) The term ‘‘mercury vapor lamp’’ means a high intensity 

discharge lamp in which the major portion of the light is produced 

by radiation from mercury øoperating at a partial¿ typically operating at a partial vapor pressure in excess of 100,000 Pa (approximately 1 atm). 

(B) The term ‘‘mercury vapor lamp’’ includes clear, phosphorcoated, and self- ballasted lamps described in subparagraph (A). 

(48) The term ‘‘mercury vapor lamp ballast’’ means a device that 

is designed and marketed to start and operate mercury vapor 


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lamps intended for general illumination by providing the necessary 

voltage and current. 

* * * * * * * 

(51) The term ‘‘medium screw base’’ means an Edison screw base 

identified with the prefix E 0926 in the ‘‘American National Standard for Electric Lamp Bases’’, ANSI/IEC C81.61 092003, published 

by the American National Standards Institute. 

(52) BPAR INCANDESCENT REFLECTOR LAMP.—The term ‘‘BPAR 

incandescent reflector lamp’’ means a reflector lamp as shown in 

figure C78.21–278 on page 32 of ANSI C78.21–2003. 

(53) BR INCANDESCENT REFLECTOR LAMP; BR30; BR40.— (A) BR INCANDESCENT REFLECTOR LAMP.—The term ‘‘BR incandescent reflector lamp’’ means a reflector lamp that has— (i) a bulged section below the major diameter of the bulb 

and above the approximate baseline of the bulb, as shown 

in figure 1 (RB) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code of 

Federal Regulations (as in effect on the date of enactment 

of this paragraph); and 

(ii) a finished size and shape shown in ANSI C78.21– 1989, including the referenced reflective characteristics in 

part 7 of ANSI C78.21–1989, incorporated by reference in 

section 430.22 of title 10, Code of Federal Regulations (as 

in effect on the date of enactment of this paragraph). 

(B) BR30.—The term ‘‘BR30’’ means a BR incandescent reflector lamp with a diameter of 30/8ths of an inch. 

(C) BR40.—The term ‘‘BR40’’ means a BR incandescent reflector lamp with a diameter of 40/8ths of an inch. 

(54) ER INCANDESCENT REFLECTOR LAMP; ER30; ER40.—

(A) ER INCANDESCENT REFLECTOR LAMP.—The term ‘‘ER incandescent reflector lamp’’ means a reflector lamp that has—

(i) an elliptical section below the major diameter of the 

bulb and above the approximate baseline of the bulb, as 

shown in figure 1 (RE) on page 7 of ANSI C79.1–1994, incorporated by reference in section 430.22 of title 10, Code 

of Federal Regulations (as in effect on the date of enactment of this paragraph); and 

(ii) a finished size and shape shown in ANSI C78.21–

1989, incorporated by reference in section 430.22 of title 10, 

Code of Federal Regulations (as in effect on the date of enactment of this paragraph). 

(B) ER30.—The term ‘‘ER30’’ means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch. 

(C) ER40.—The term ‘‘ER40’’ means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch. 

(55) R20 INCANDESCENT REFLECTOR LAMP.—The term ‘‘R20 incandescent reflector lamp’’ means a reflector lamp that has a face 

diameter of approximately 2.5 inches, as shown in figure 1(R) on 

page 7 of ANSI C79.1–1994. 

(56) The term ‘‘specialty application mercury vapor lamp ballast’’

means a mercury vapor lamp ballast that—

(A) is designed and marketed for medical use, optical comparators, quality inspection, industrial processing, or scientific 

use, including fluorescent microscopy, ultraviolet curing, and 


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the manufacture of microchips, liquid crystal displays, and 

printed circuit boards; and 

(B) in the case of a specialty application mercury vapor lamp 

ballast, is labeled as a specialty application mercury vapor 

lamp ballast. 

* * * * * * * 

TEST PROCEDURES

SEC. 323. (a) GENERAL RULE.—All test procedures and related 

determinations prescribed or made by the Secretary with respect to 

any covered product (or class thereof) which are in effect on the 

date of enactment of the National Appliance Energy Conservation 

Act of 1987 shall remain in effect until the Secretary amends such 

test procedures and related determinations under subsection (b). 

(b) AMENDED AND NEW PROCEDURES.—ø(1)(A) The Secretary may 

amend test procedures with respect to any covered product if the 

Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3).¿ 

(1) TEST PROCEDURES.—

(A) AMENDMENT.—At least once every 7 years, the Secretary 

shall review test procedures for all covered products and— (i) amend test procedures with respect to any covered 

product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); or 

(ii) publish notice in the Federal Register of any determination not to amend a test procedure. 

* * * * * * * 

ENERGY STAR PROGRAM

SEC. 324A. (a) IN GENERAL.—There is established within the Department of Energy and the Environmental Protection Agency a 

voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve 

energy security, and reduce pollution through voluntary labeling of, 

or other forms of communication about, products and buildings that 

meet the highest energy conservation standards. 

* * * * * * * 

(d) DEADLINES.—The Secretary shall establish new qualifying 

levels—

(1) not later than January 1, 2006, for clothes washers and 

dishwashers, effective beginning January 1, 2007; and 

(2) not later than January 1, 2008, for clothes washers, effective beginning January 1, ø2010¿ 2009. 

ENERGY CONSERVATION STANDARDS

SEC. 325. (a) PURPOSES.—The purposes of this section are to— (1) provide Federal energy conservation standards applicable 

to covered products; and 

(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered 

product. 


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(b) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS.—(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other 

than those described in paragraph (2)) manufactured on or after 

January 1, 1990: 

* * * * * * * 

(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS

MANUFACTURED ON OR AFTER JANUARY 1, 2014.—Not later than 

December 31, 2010, the Secretary shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or 

after January 1, 2014, and including any amended standards. 

* * * * * * * 

(f) STANDARDS FOR FURNACES.—

* * * * * * * 

(3) BOILERS.—

(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 

boilers manufactured on or after September 1, 2012, shall 

meet the following requirements: 

Boiler type Minimum annual fuel utilization efficiency (percent) Design requirements 

Gas Hot Water ............. 82 ................................. No constant burning pilot, automatic means 

for adjusting water temperature. 

Gas Steam ................... 80 ................................. No constant burning pilot. 

Oil Hot Water .............. 84 ................................. Automatic means for adjusting temperature. 

Oil Steam ..................... 82 ................................. None. 

Electric Hot Water ....... None ............................ Automatic means for adjusting temperature. 

Electric Steam ............. None ............................ None. 

(B) PILOTS.—The manufacturer shall not equip gas hot 

water or steam boilers with constant-burning pilot lights. 

(C) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE.—

(i) IN GENERAL.—The manufacturer shall equip each 

gas, oil, and electric hot water boiler (other than a boiler equipped with tankless domestic water heating coils) 

with an automatic means for adjusting the temperature 

of the water supplied by the boiler to ensure that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of 

water supplied. 

(ii) CERTAIN BOILERS.—For a boiler that fires at 1 

input rate, the requirements of this subparagraph may 

be satisfied by providing an automatic means that allows the burner or heating element to fire only when 

the means has determined that the inferred heat load 

cannot be met by the residual heat of the water in the 

system. 

(iii) NO INFERRED HEAT LOAD.—When there is no inferred heat load with respect to a hot water boiler, the 

automatic means described in clauses (i) and (ii) shall 

limit the temperature of the water in the boiler to not 

more than 140 degrees Fahrenheit. 


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(iv) OPERATION.—A boiler described in clause (i) or 

(ii) shall be operable only when the automatic means 

described in clauses (i), (ii), and (iii) is installed. 

ø(3)¿ (4) (A) The Secretary shall publish a final rule no later 

than January 1, 1992, to determine whether the standards established by paragraph (2) for mobile home furnaces should be 

amended. Such rule shall provide that any amendment shall 

apply to products manufactured on or after January 1, 1994. 

* * * * * * * 

(D) Notwithstanding any other provision of this Act, if the 

requirements of subsection (o) are met, the Secretary may consider and prescribe energy conservation standards or energy 

use standards for electricity used for purposes of circulating air 

through duct work. 

(E) FINAL RULE.—

(i) IN GENERAL.—The Secretary shall publish a final rule 

to carry out this subsection not later than December 31, 

2014. 

(ii) CRITERIA.—The standards shall meet the criteria established under subsection (o). 

* * * * * * * 

(g) STANDARDS FOR DISHWASHERS; CLOTHES WASHERS; CLOTHES

DRYERS; FLUORESCENT LAMP BALLASTS.—

* * * * * * * 

(4)(A) The Secretary shall publish final rules no later than 

January 1, 1990, to determine if the standards established 

under this subsection for products described in paragraphs (1), 

(2), and (3) should be amended. Such rules shall provide that 

any amendment shall apply to products the manufacture of 

which is completed on or after January 1, 1993. 

* * * * * * * 

(D) CLOTHES WASHERS.—

(i) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2011.—A residential clothes washer manufactured 

on or after January 1, 2011, shall have—

(I) a modified energy factor of at least 1.26; and 

(II) a water factor of not more than 9.5. 

(ii) CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2012.—Not later than January 1, 2012, the Secretary shall publish a final rule determining whether to 

amend the standards in effect for residential clothes washers manufactured on or after January 1, 2012, and including any amended standards. 

(E) DISHWASHERS.—

(i) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY

1, 2010.—A dishwasher manufactured on or after January 

1, 2010, shall use not more than—

(I) in the case of a standard-size dishwasher, 355 

kWh per year or 6.5 gallons of water per cycle; and 

(II) in the case of a compact-size dishwasher, 260 

kWh per year or 4.5 gallons of water per cycle. 

(ii) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY

1, 2018.—Not later than January 1, 2015, the Secretary 

shall publish a final rule determining whether to amend 


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the standards for dishwashers manufactured on or after 

January 1, 2018, and including any amended standards. 

* * * * * * * 

(i) GENERAL SERVICE FLUORESCENT LAMPS AND INCANDESCENT

REFLECTOR LAMPS.—ø(1)(A) Each of the following general service 

fluorescent lamps and incandescent reflector lamps manufactured 

after the effective date specified in the tables listed in this paragraph shall meet or exceed the following lamp efficacy and CRI 

standards: 

øFLUORESCENT LAMPS 

Lamp type 

Nominal 

lamp wattage 

Minimum 

CRI 

Minimum 

average 

lamp efficacy 

(LPW) 

Effective 

date 

(months) 

4-foot medium bi-pin ............................................... >35W 

≤35W 

69 

45 

75.0 

75.0 

36 

36 

2-foot U-shaped ........................................................ >35W 

≤35W 

69 

45 

68.0 

64.0 

36 

36 

8-foot slimline .......................................................... >65W 

≤65W 

69 

45 

80.0 

80.0 

18 

18 

8-foot high output .................................................... >100W 

≤100W 

69 

45 

80.0 

80.0 

18 

18 

øINCANDESCENT REFLECTOR LAMPS 

Nominal lamp wattage 

Minimum 

average 

lamp efficacy 

(LPW) 

Effective 

date 

(months) 

40–50 ................................................................................................................ 10.5 36 

51–66 ................................................................................................................ 11.0 36 

67–85 ................................................................................................................ 12.5 36 

86–115 .............................................................................................................. 14.0 36 

116–155 ............................................................................................................ 14.5 36 

156–205 ............................................................................................................ 15.0 36¿ 

ø(B) For the purposes of the tables set forth in subparagraph (A), 

the term ‘‘effective date’’ means the last day of the month set forth 

in the table which follows the date of the enactment of the Energy 

Policy Act of 1992.¿ 

(1) STANDARDS.—

(A) DEFINITION OF EFFECTIVE DATE.—In this paragraph 

(other than subparagraph (D)), the term ‘effective date’ means, 

with respect to each type of lamp specified in a table contained 

in subparagraph (B), the last day of the period of months corresponding to that type of lamp (as specified in the table) that 

follows October 24, 1992. 

(B) MINIMUM STANDARDS.—Each of the following general 

service fluorescent lamps and incandescent reflector lamps 

manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the following 

lamp efficacy and CRI standards: 


ccoleman on PROD1PC77 with HEARING
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FLUORESCENT LAMPS 

Lamp type Nominal 

lamp wattage 

Minimum CRI 

Minimum average lamp 

efficacy 

(LPW) 

Effective date 

(Period of 

months) 

4-foot medium bi-pin ............................... >35 W 

≤35 W 

69 

45 

75.0 

75.0 

36 

36 

2-foot U-shaped ........................................ >35 W 

≥35W 

69 

45 

68.0 

64.0 

36 

36 

8-foot slimline .......................................... >65 W 

≤65 W 

69 

45 

80.0 

80.0 

18 

18 

8-foot high output .................................... >100 W 

≤100 W 

69 

45 

80.0 

80.0 

18 

18 

INCANDESCENT REFLECTOR LAMPS 

Nominal lamp wattage 

Minimum average lamp 

efficacy 

(LPW) 

Effective date 

(Period of 

months) 

40–50 ........................................................................................................ 10.5 36 

51–66 ........................................................................................................ 11.0 36 

67–85 ........................................................................................................ 12.5 36 

86–115 ...................................................................................................... 14.0 36 

116–155 .................................................................................................... 14.5 36 

156–205 .................................................................................................... 15.0 36 

(C) EXEMPTIONS.—The standards specified in subparagraph 

(B) shall not apply to the following types of incandescent reflector lamps: 

(i) Lamps rated at 50 watts or less that are ER30, BR30, 

BR40, or ER40 lamps. 

(ii) Lamps rated at 65 watts that are BR30, BR40, or 

ER40 lamps. 

(iii) R20 incandescent reflector lamps rated 45 watts or 

less. 

(D) EFFECTIVE DATES.— (i) ER, BR, AND BPAR LAMPS.—The standards specified 

in subparagraph (B) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, 

BPAR incandescent reflector lamps, and similar bulb 

shapes on and after January 1, 2008. 

(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DIAMETER.— The standards specified in subparagraph (B) shall apply 

with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, 

on and after January 1, 2008. 

* * * * * * * 

ø(m) FURTHER RULEMAKING.—After issuance of the last final 

rules required under subsections (b) through (i) of this section, the 

Secretary may publish final rules to determine whether standards 

for a covered product should be amended. An amendment prescribed under this subsection shall apply to products manufactured 

after a date which is 5 years after—

ø(A) the effective date of the previous amendment made 

pursuant to this part; or 

ø(B) if the previous final rule published under this part 

did not amend the standard, the earliest date by which a 


ccoleman on PROD1PC77 with HEARING
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previous amendment could have been in effect, except that 

in no case may an amended standard apply to products 

manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp 

ballasts, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool 

heaters, direct heating equipment and furnaces) after publication of the final rule establishing a standard.¿ 

(m) FURTHER RULEMAKING.— (1) IN GENERAL.—After issuance of the last final rules required for a product under this part, the Secretary shall, not 

later than 5 years after the date of issuance of a final rule establishing or amending a standard or determining not to 

amend a standard, publish a final rule to determine whether 

standards for the product should be amended based on the criteria described in subsection (n)(2). 

(2) ANALYSIS.—Prior to publication of the determination, the 

Secretary shall publish a notice of availability describing the 

analysis of the Department and provide opportunity for written 

comment. 

(3) FINAL RULE.—Not later than 3 years after a positive determination under paragraph (1), the Secretary shall publish a 

final rule amending the standard for the product. 

(4) APPLICATION OF AMENDMENT.—An amendment prescribed 

under this subsection shall apply to a product manufactured 

after a date that is 5 years after— (A) the effective date of the previous amendment made 

pursuant to this part; or 

(B) if the previous final rule published under this part 

did not amend the standard, the earliest date by which a 

previous amendment could have been in effect, except that 

in no case may an amended standard apply to products 

manufactured within 3 years after publication of the final 

rule establishing a standard. 

* * * * * * * 

(cc) DEHUMIDIFIERS.—(1) Dehumidifiers manufactured on or after 

October 1, 2007 and before October 1, 2012, shall have an Energy 

Factor that meets or exceeds the following values: 

Product capacity (pints/day): Minimum energy 

factor (Liters/kWh) 

25.00 or less ........................................................................................... 1.00 

25.01–35.00 ............................................................................................. 1.20 

35.01–54.00 ............................................................................................. 1.30 

54.01–74.99 ............................................................................................. 1.50 

75.00 or more ......................................................................................... 2.25. 

ø(2)(A) Not later than October 1, 2009, the Secretary shall publish a final rule in accordance with subsections (o) and (p), to determine whether the energy conservation standards established under 

paragraph (1) should be amended. 

ø(B) The final rule published under subparagraph (A) shall— ø(i) contain any amendment by the Secretary; and 

ø(ii) provide that the amendment applies to products manufactured on or after October 1, 2012.¿ 

(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 1, 

2012.—Dehumidifiers manufactured on or after October 1, 2012, 


ccoleman on PROD1PC77 with HEARING
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shall have an Energy Factor that meets or exceeds the following values: 

Product capacity (pints/day): Minimum energy 

factor liters/kWh 

Up to 35.00 ............................................................................................. 1.35 

35.01–45.00 ............................................................................................. 1.50 

45.01–54.00 ............................................................................................. 1.60 

54.01–75.00 ............................................................................................. 1.70 

Greater than 75.00 ................................................................................. 2.5.’’

(hh) EXPEDITED RULEMAKING FOR CONSENSUS STANDARDS.—

(1) IN GENERAL.—The Secretary shall conduct an expedited 

rulemaking based on an energy conservation standard or test 

procedure recommended by interested persons, if—

(A) the interested persons (demonstrating significant and 

broad support from manufacturers of a covered product, 

States, utilities, and environmental, energy efficiency, and 

consumer advocates) submit a joint comment or petition 

recommending a consensus energy conservation standard or 

test procedure; and 

(B) the Secretary determines that the joint comment or 

petition includes evidence that (assuming no other evidence 

were considered) provides an adequate basis for determining that the proposed consensus energy conservation 

standard or test procedure proposed in the joint comment 

or petition complies with the provisions and criteria of this 

Act (including subsection (o)) that apply to the type or class 

of covered products covered by the joint comment or petition. 

(2) PROCEDURE.—

(A) IN GENERAL.—Notwithstanding subsection (p) or section 336(a), if the Secretary receives a joint comment or petition that meets the criteria described in paragraph (1), the 

Secretary shall conduct an expedited rulemaking with respect to the standard or test procedure proposed in the joint 

comment or petition in accordance with this paragraph. 

(B) ADVANCED NOTICE OF PROPOSED RULEMAKING.—If no 

advanced notice of proposed rulemaking has been issued 

under subsection (p)(1) with respect to the rulemaking covered by the joint comment or petition, the requirements of 

subsection (p) with respect to the issuance of an advanced 

notice of proposed rulemaking shall not apply. 

(C) PUBLICATION OF DETERMINATION.—Not later than 60 

days after receipt of a joint comment or petition described 

in paragraph (1)(A), the Secretary shall publish a description of a determination as to whether the proposed standard or test procedure covered by the joint comment or petition meets the criteria described in paragraph (1). 

(D) PROPOSED RULE.—

(i) PUBLICATION.—If the Secretary determines that 

the proposed consensus standard or test procedure covered by the joint comment or petition meets the criteria 

described in paragraph (1), not later than 30 days after 

the determination, the Secretary shall publish a proposed rule proposing the consensus standard or test 

procedure covered by the joint comment or petition. 


ccoleman on PROD1PC77 with HEARING
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(ii) PUBLIC COMMENT PERIOD.—Notwithstanding 

paragraphs (2) and (3) of subsection (p), the public 

comment period for the proposed rule shall be the 30- 

day period beginning on the date of the publication of 

the proposed rule in the Federal Register. 

(iii) PUBLIC HEARING.—Notwithstanding section 

336(a), the Secretary may waive the holding of a public 

hearing with respect to the proposed rule. 

(E) FINAL RULE.—Notwithstanding subsection (p)(4), the 

Secretary— (i) may publish a final rule at any time after the 60- 

day period beginning on the date of publication of the 

proposed rule in the Federal Register; and 

(ii) shall publish a final rule not later than 120 days 

after the date of publication of the proposed rule in the 

Federal Register. 

* * * * * * * 

SEC. 327. (a) PREEMPTION OF TESTING AND LABELING REQUIREMENTS. 

* * * * * * * 

(b) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVTION

STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR

A PRODUCT.—

* * * * * * * 

(2) is a State procurement regulation described in øsubsection (e)¿ subsection (f); 

(3) is a regulation described in øsubsection (f)(1)¿ subsection 

(g)(1) or is prescribed or enacted in a building code for new 

construction described in øsubsection (f)(2)¿ subsection (g)(2); 

* * * * * * * 

(c) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION

STANDARDS WHEN FEDERAL STANDARD BECOMES EFFECTIVE FOR A

PRODUCT.—

* * * * * * * 

(3) is in a building code for new construction described in 

subsection ø(f)(3)¿ (g)(3); 

* * * * * * * 

(e) REGIONAL EFFICIENCY STANDARDS FOR HEATING AND COOLING

PRODUCTS.—

(1) IN GENERAL.—

(A) DETERMINATION.—The Secretary may determine, 

after notice and comment, that more stringent Federal energy conservation standards are appropriate for furnaces, 

boilers, or central air conditioning equipment than applicable Federal energy conservation standards. 

(B) FINDING.—The Secretary may determine that more 

stringent standards are appropriate for up to 2 different regions only after finding that the regional standards—

(i) would contribute to energy savings that are substantially greater than that of a single national energy 

standard; and 

(ii) are economically justified. 


ccoleman on PROD1PC77 with HEARING
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(C) REGIONS.—On making a determination described in 

subparagraph (B), the Secretary shall establish the regions 

so that the more stringent standards would achieve the 

maximum level of energy savings that is technologically 

feasible and economically justified. 

(D) FACTORS.—In determining the appropriateness of 1 

or more regional standards for furnaces, boilers, and central and commercial air conditioning equipment, the Secretary shall consider all of the factors described in paragraphs (1) through (4) of section 325(o). 

(2) STATE PETITION.—After a determination made by the Secretary under paragraph (1), a State may petition the Secretary 

requesting a rule that a State regulation that establishes a 

standard for furnaces, boilers, or central air conditioners become effective at a level determined by the Secretary to be appropriate for the region that includes the State. 

(3) RULE.—Subject to paragraphs (4) through (7), the Secretary may issue the rule during the period described in paragraph (4) and after consideration of the petition and the comments of interested persons. 

(4) PROCEDURE.—

(A) NOTICE.—The Secretary shall provide notice of any 

petition filed under paragraph (2) and afford interested 

persons a reasonable opportunity to make written comments, including rebuttal comments, on the petition. 

(B) DECISION.—Except as provided in subparagraph (C), 

during the 180-day period beginning on the date on which 

the petition is filed, the Secretary shall issue the requested 

rule or deny the petition. 

(C) EXTENSION.—The Secretary may publish in the Federal Register a notice—

(i) extending the period to a specified date, but not 

longer than 1 year after the date on which the petition 

is filed; and 

(ii) describing the reasons for the delay. 

(D) DENIALS.—If the Secretary denies a petition under 

this subsection, the Secretary shall publish in the Federal 

Register notice of, and the reasons for, the denial. 

(5) FINDING OF SIGNIFICANT BURDEN ON MANUFACTURING, 

MARKETING, DISTRIBUTION, SALE, OR SERVICING OF COVERED

PRODUCT ON NATIONAL BASIS.—

(A) IN GENERAL.—The Secretary may not issue a rule 

under this subsection if the Secretary finds (and publishes 

the finding) that interested persons have established, by a 

preponderance of the evidence, that the State regulation 

will significantly burden manufacturing, marketing, distribution, sale, or servicing of a covered product on a national basis. 

(B) FACTORS.—In determining whether to make a finding 

described in subparagraph (A), the Secretary shall evaluate 

all relevant factors, including—

(i) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; 


ccoleman on PROD1PC77 with HEARING
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(ii) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or 

dealers or lessen competition in the sale of the covered 

product in the State; and 

(iii) the extent to which the State regulation would 

cause a burden to manufacturers to redesign and 

produce the covered product type (or class), taking into 

consideration the extent to which the regulation would 

result in a reduction— (I) in the current models, or in the projected 

availability of models, that could be shipped on the 

effective date of the regulation to the State and 

within the United States; or 

(II) in the current or projected sales volume of 

the covered product type (or class) in the State and 

the United States. 

(6) APPLICATION.—No State regulation shall become effective 

under this subsection with respect to any covered product manufactured before the date specified in the determination made 

by the Secretary under paragraph (1). 

(7) PETITION TO WITHDRAW FEDERAL RULE FOLLOWING

AMENDMENT OF FEDERAL STANDARD.— (A) IN GENERAL.—If a State has issued a rule under 

paragraph (3) with respect to a covered product and subsequently a Federal energy conservation standard concerning 

the product is amended pursuant to section 325, any person 

subject to the State regulation may file a petition with the 

Secretary requesting the Secretary to withdraw the rule 

issued under paragraph (3) with respect to the product in 

the State. 

(B) BURDEN OF PROOF.—The Secretary shall consider the 

petition in accordance with paragraph (5) and the burden 

shall be on the petitioner to show by a preponderance of the 

evidence that the rule received by the State under paragraph (3) should be withdrawn as a result of the amendment to the Federal standard. 

(C) WITHDRAWAL.—If the Secretary determines that the 

petitioner has shown that the rule issued by the Secretary 

under paragraph (3) should be withdrawn in accordance 

with subparagraph (B), the Secretary shall withdraw the 

rule. 

ø(e)¿ (f) EXCEPTION FOR CERTAIN STATE PROCUREMENT STAND- ARDS.—Any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such standards are more 

stringent than the corresponding Federal energy conservation standards. 

ø(f)¿ (g) EXCEPTION FOR CERTAIN BUILDING CODE REQUIRE- MENTS.—(1) A regulation or other requirement enacted or prescribed before January 8, 1987, that is contained in a State or local 

building code for new construction concerning the energy efficiency 

or energy use of a covered product is not superseded by this part 

until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product. 

* * * * * * * 


ccoleman on PROD1PC77 with HEARING
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ø(g)¿ (h) NO WARRANTY.—Any disclosure with respect to energy 

use, energy efficiency, or estimated annual operating cost which is 

required to be made under the provisions of this part shall not create an express or implied warranty under State or Federal law that 

such energy efficiency will be achieved or that such energy use or 

estimated annual operating cost will not be exceeded under conditions of actual use. 

* * * * * * * 

PART C—CERTAIN INDUSTRIAL EQUIPMENT 

DEFINITIONS

SEC. 340. For purposes of this part—

* * * * * * * 

(13) ø(A) The term ‘‘electric motor’’ means any motor which is a 

general purpose T-frame, single-speed, foot-mounting, polyphase 

squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 

230/460 volts and constant 60 Hertz line power as defined in 

NEMA Standards Publication MG1 091987.¿ 

(A)(i) The term ‘electric motor’ means— (I) a general purpose electric motor—subtype i; and 

(II) a general purpose electric motor—subtype i i. 

(ii) The term ‘general purpose electric motor—subtype I’ means 

any motor that is considered a general purpose motor under section 

431.12 of title 10, Code of Federal Regulations (or successor regulations). 

(iii) The term ‘general purpose electric motor—subtype II’ means 

a motor that, in addition to the design elements for a general purpose electric motor- subtype I, incorporates the design elements (as 

established in National Electrical Manufacturers Association MG– 1 (2006)) for any of the following: 

(I) A U-Frame Motor. 

(II) A Design C Motor. 

(III) A close-coupled pump motor. 

(IV) A footless motor. 

(V) A vertical solid shaft normal thrust (tested in a horizontal 

configuration). 

(VI) An 8-pole motor. 

(VII) A poly-phase motor with voltage of not more than 600 

volts (other than 230 or 460 volts). 

* * * * * * * 

STANDARDS

SEC. 342. (a) SMALL, LARGE, AND VERY LARGE COMMERCIAL

PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, PACKAGED

TERMINAL AIR CONDITIONERS AND HEAT PUMPS, WARM-AIR FURNACES, PACKAGED BOILERS, STORAGE WATER HEATERS, INSTANTANEOUS WATER HEATERS, AND UNFIRED HOT WATER STORAGE

TANKS.—(1) Each small commercial package air conditioning and 

heating equipment manufactured on or after January 1, 1994, [but 

before January 1, 2010,] shall meet the following standard levels: 

* * * * * * * 


ccoleman on PROD1PC77 with HEARING
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ø(6)(A)(i) If ASHRAE/IES Standard 90.1, as in effect on January 

1, 2010, is amended with respect to any small commercial package 

air conditioning and heating equipment, large commercial package 

air conditioning and heating equipment, and very large commercial 

package air conditioning and heating equipment, or if ASHRAE/ 

IES Standard 90.1, as in effect on October 24, 1992, is amended 

with respect to any packaged terminal air conditioners, packaged 

terminal heat pumps, warm-air furnaces, packaged boilers, storage 

water heaters, instantaneous water heaters, or unfired hot water 

storage tanks, the Secretary shall establish an amended uniform 

national standard for that product at the minimum level for each 

effective date specified in the amended ASHRAE/IES Standard 

90.1, unless the Secretary determines, by rule published in the 

Federal Register and supported by clear and convincing evidence, 

that adoption of a uniform national standard more stringent than 

such amended ASHRAE/IES Standard 90.1 for such product would 

result in significant additional conservation of energy and is technologically feasible and economically justified. 

ø(ii) If ASHRAE/IES Standard 90.1 is not amended with respect 

to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating 

equipment, and very large commercial package air conditioning 

and heating equipment during the 5-year period beginning on the 

effective date of a standard, the Secretary may initiate a rulemaking to determine whether a more stringent standard— ø(I) would result in significant additional conservation of energy; and 

ø(II) is technologically feasible and economically justified. 

ø(B)(i) If the Secretary issues a rule containing such a determination, the rule shall establish such amended standard. In determining whether a standard is economically justified for the purposes of subparagraph (A), the Secretary shall, after receiving 

views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed its burdens by, to the greatest extent practicable, considering—

ø(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such 

standard; 

ø(II) the savings in operating costs throughout the estimated 

average life of the product in the type (or class) compared to 

any increase in the price of, or in the initial charges for, or 

maintenance expenses of, the products which are likely to result from the imposition of the standard; 

ø(III) the total projected amount of energy savings likely to 

result directly from the imposition of the standard; 

ø(IV) any lessening of the utility or the performance of the 

products likely to result from the imposition of the standard; 

ø(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; 

ø(VI) the need for national energy conservation; and 

ø(VII) other factors the Secretary considers relevant. 

ø(ii) The Secretary may not prescribe any amended standard 

under this paragraph which increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of 


ccoleman on PROD1PC77 with HEARING
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a covered product. The Secretary may not prescribe an amended 

standard under this subparagraph if the Secretary finds (and publishes such finding) that interested persons have established by a 

preponderance of the evidence that a standard is likely to result in 

the unavailability in the United States in any product type (or 

class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the 

same as those generally available in the United States at the time 

of the Secretary’s finding. The failure of some types (or classes) to 

meet this criterion shall not affect the Secretary’s determination of 

whether to prescribe a standard for other types or classes. 

ø(C) A standard amended by the Secretary under this paragraph 

shall become effective for products manufactured— ø(i) with respect to small commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, 

packaged boilers, storage water heaters, instantaneous water 

heaters, and unfired hot water storage tanks, on or after a date 

which is two years after the effective date of the applicable 

minimum energy efficiency requirement in the amended 

ASHRAE/IES standard referred to in subparagraph (A); and 

ø(ii) with respect to large commercial package air conditioning and heating equipment and very large commercial 

package air conditioning and heating equipment, on or after a 

date which is three years after the effective date of the applicable minimum energy efficiency requirement in the amended 

ASHRAE/IES standard referred to in subparagraph (A); 

øexcept that an energy conservation standard amended by the Secretary pursuant to a rule under subparagraph (B) shall become effective for products manufactured on or after a date which is four 

years after the date such rule is published in the Federal Register.] 

(6) AMENDED ENERGY EFFICIENCY STANDARDS.—

(A) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If ASHRAE/ 

IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large 

commercial package air conditioning and heating equipment, 

packaged terminal central and commercial air conditioners, 

packaged terminal heat pumps, warm-air furnaces, packaged 

boilers, storage water heaters, instantaneous water heaters, or 

unfired hot water storage tanks, not later than 180 days after 

the amendment of the standard, the Secretary shall publish in 

the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards. 

(B) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS.—

(i) IN GENERAL.—Except as provided in clause (ii), not 

later than 18 months after the date of publication of the 

amendment to the ASHRAE/IES Standard 90.1 for a product described in subparagraph (A), the Secretary shall establish an amended uniform national standard for the 

product at the minimum level for the applicable effective 

date specified in the amended ASHRAE/IES Standard 

90.1. 

(ii) MORE STRINGENT STANDARD.—Clause (i) shall not 

apply if the Secretary determines, by rule published in the 


ccoleman on PROD1PC77 with HEARING
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Federal Register, and supported by clear and convincing 

evidence, that adoption of a uniform national standard 

more stringent than the amended ASHRAE/IES Standard 

90.1 for the product would result in significant additional 

conservation of energy and is technologically feasible and 

economically justified. 

(C) RULE.—If the Secretary makes a determination described 

in subparagraph (B)(ii) for a product described in subparagraph (A), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for 

the product, the Secretary shall issue the rule establishing the 

amended standard. 

(D) AMENDMENT OF STANDARDS.—

(i) IN GENERAL.—After issuance of the most recent final 

rule for a product under this subsection, not later than 5 

years after the date of issuance of a final rule establishing 

or amending a standard or determining not to amend a 

standard, the Secretary shall publish a final rule to determine whether standards for the product should be amended 

based on the criteria described in subparagraph (A). 

(ii) ANALYSIS.—Prior to publication of the determination, 

the Secretary shall publish a notice of availability describing the analysis of the Department and provide opportunity 

for written comment. 

(iii) FINAL RULE.—Not later than 3 years after a positive 

determination under clause (i), the Secretary shall publish 

a final rule amending the standard for the product. 

* * * * * * * 

(b) ELECTRIC MOTORS.—ø(1) Except for definite purpose motors, 

special purpose motors, and those motors exempted by the Secretary under paragraph (2), each electric motor manufactured 

(alone or as a component of another piece of equipment) after the 

60-month period beginning on the date of the enactment of this 

subsection, or in the case of an electric motor which requires listing 

or certification by a nationally recognized safety testing laboratory, 

after the 84-month period beginning on such date, shall have a 

nominal full load efficiency of not less than the following: 

øNumber of poles 

Nominal full-load efficiency 

Open motors Closed motors 

6 4 2 6 4 2 

Motor Horsepower 

1 ..................................................................... 80.0 82.5 .......... 80.0 82.5 75.5 

1.5 .................................................................. 84.0 84.0 82.5 85.5 84.0 82.5 

2 ..................................................................... 85.5 84.0 84.0 86.5 84.0 84.0 

3 ..................................................................... 86.5 86.5 84.0 87.5 87.5 85.5 

5 ..................................................................... 87.5 87.5 85.5 87.5 87.5 87.5 

7.5 .................................................................. 88.5 88.5 87.5 89.5 89.5 88.5 

10 ................................................................... 90.2 89.5 88.5 89.5 89.5 89.5 

15 ................................................................... 90.2 91.0 89.5 90.2 91.0 90.2 

20 ................................................................... 91.0 91.0 90.2 90.2 91.0 90.2 

25 ................................................................... 91.7 91.7 91.0 91.7 92.4 91.0 

30 ................................................................... 92.4 92.4 91.0 91.7 92.4 91.0 

40 ................................................................... 93.0 93.0 91.7 93.0 93.0 91.7 

50 ................................................................... 93.0 93.0 92.4 93.0 93.0 92.4 

60 ................................................................... 93.6 93.6 93.0 93.6 93.6 93.0 

75 ................................................................... 93.6 94.1 93.0 93.6 94.1 93.0 


ccoleman on PROD1PC77 with HEARING
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øNumber of poles 

Nominal full-load efficiency 

Open motors Closed motors 

6 4 2 6 4 2 

100 ................................................................. 94.1 94.1 93.0 94.1 94.5 93.6 

125 ................................................................. 94.1 94.5 93.6 94.1 94.5 94.5 

150 ................................................................. 94.5 95.0 93.6 95.0 95.0 94.5 

200 ................................................................. 94.5 95.0 94.5 95.0 95.0 95.0¿ 

(1) STANDARDS.—

(A) GENERAL PURPOSE ELECTRIC MOTORS—SUBTYPE I.—

(i) IN GENERAL.—Except as otherwise provided in this 

subparagraph, a general purpose electric motor—subtype I 

with a power rating of not less than 1, and not more than 

200, horsepower manufactured (alone or as a component of 

another piece of equipment) after the 3-year period beginning on the date of enactment of this subparagraph, shall 

have a nominal full load efficiency established in Table 12–

12 of National Electrical Manufacturers Association (referred to in this paragraph as ‘NEMA’) MG–1 (2006). 

(ii) FIRE PUMP MOTORS.—A fire pump motor shall have 

a nominal full load efficiency established in Table 12–11 of 

NEMA MG–1 (2006). 

(B) GENERAL PURPOSE ELECTRIC MOTORS—SUBTYPE II.—A 

general purpose electric motor—subtype II with a power rating 

of not less than 1, and not more than 200, horsepower manufactured (alone or as a component of another piece of equipment) 

after the 3-year period beginning on the date of enactment of 

this subparagraph, shall have a nominal full load efficiency established in Table 12–11 of NEMA MG–1 (2006). 

(C) DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS.—A 

NEMA Design B, general purpose electric motor with a power 

rating of not less than 201, and not more than 500, horsepower 

manufactured (alone or as a component of another piece of 

equipment) after the 3-year period beginning on the date of the 

enactment of this subparagraph shall have a nominal full load 

efficiency established in Table 12–11 of NEMA MG–1 (2006). 

* * * * * * * 

TEST PROCEDURES

SEC. 343. ø(a)(1) The Secretary may conduct an evaluation of a 

class of covered equipment and may prescribe test procedures for 

such class in accordance with the provisions of this section.¿ 

(a) PRESCRIPTION BY SECRETARY; REQUIREMENTS.—

(1) TEST PROCEDURES.—

(A) AMENDMENT.—At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered 

equipment and—

(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the 

requirements of paragraphs (2) and (3), shall prescribe 

test procedures for the class in accordance with this 

section; or 


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(ii) shall publish notice in the Federal Register of 

any determination not to amend a test procedure. 

* * * * * * * 

ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION

SEC. 345. (a) The provisions of section 326(a), (b), and (d), the 

provisions of subsections (l) through (s) of section 325, and section 

327 through 336 shall apply with respect to this part (other than 

the equipment specified in subparagraphs (B), (C), (D), (E), and (F) 

of section 340(1)) to the same extent and in the same manner as 

they apply in part B. In applying such provisions for the purposes 

of this part—

* * * * * * * 

(b)(1) The provisions of section 326(a), (b), and (d), section 327(a), 

and sections 328 through 336 shall apply with respect to the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 

340(1) to the same extent and in the same manner as they apply 

in part A. In applying such provisions for the purposes of such 

equipment, paragraphs (1), (2), (3), and (4) of subsection (a) shall 

apply. 

(2)(A) A standard prescribed or established under section 342(a) 

shall, beginning on the effective date of such standard, supersede 

any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section. 

* * * * * * * 

(E) RELATIONSHIP TO CERTAIN STATE REGULATIONS.—Notwithstanding subparagraph (A), a standard prescribed or established 

under section 342(a) with respect to the equipment specified in subparagraphs (B), (C), (D), (H), (I), and (J) of section 340 shall not 

supersede a State regulation that is effective under the terms, conditions, criteria, procedures, and other requirements of section 327(e). 

* * * * * * * 

GENERAL PROVISIONS

SEC. 365. (a) The Secretary may prescribe such rules as may be 

necessary or appropriate to carry out his authority under this part. 

* * * * * * * 

(f) For the purpose of carrying out this part, there are authorized 

to be appropriated $100,000,000 for each of the fiscal years 2006 

and 2007 and $125,000,000 for øfiscal year 2008¿ each of fiscal 

years 2008 through 2012. 

* * * * * * * 

PART J—ENCOURAGING THE USE OF ALTERNATIVE FUELS 

* * * * * * * 

SEC. 400EE. STUDIES AND REPORTS. 

* * * * * * * 

SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS. 

(a) MANDATORY REDUCTION IN PETROLEUM CONSUMPTION.—


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(1) IN GENERAL.—The Secretary shall issue regulations (including provisions for waivers from the requirements of this section) for Federal fleets subject to section 400AA requiring that 

not later than October 1, 2015, each Federal agency achieve at 

least a 20 percent reduction in petroleum consumption, and 

that each Federal agency increase alternative fuel consumption 

by 10 percent annually, as calculated from the baseline established by the Secretary for fiscal year 2005. 

(2) PLAN.—

(A) REQUIREMENT.—The regulations shall require each 

Federal agency to develop a plan to meet the required petroleum reduction levels and the alternative fuel consumption 

increases. 

(B) MEASURES.—The plan may allow an agency to meet 

the required petroleum reduction level through—

(i) the use of alternative fuels; 

(ii) the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric 

vehicles, electric vehicles, and plug-in hybrid vehicles if 

the vehicles are commercially available; 

(iii) the substitution of cars for light trucks; 

(iv) an increase in vehicle load factors; 

(v) a decrease in vehicle miles traveled; 

(vi) a decrease in fleet size; and 

(vii) other measures. 

(b) FEDERAL EMPLOYEE INCENTIVE PROGRAMS FOR REDUCING PETROLEUM CONSUMPTION.—

(1) IN GENERAL.—Each Federal agency shall actively promote 

incentive programs that encourage Federal employees and contractors to reduce petroleum usage through the use of practices 

such as—

(A) telecommuting; 

(B) public transit; 

(C) carpooling; and 

(D) bicycling. 

(2) MONITORING AND SUPPORT FOR INCENTIVE PROGRAMS.—

The Administrator of General Services, the Director of the Office of Personnel Management, and the Secretary of Energy 

shall monitor and provide appropriate support to agency programs described in paragraph (1). 

(3) RECOGNITION.—The Secretary may establish a program 

under which the Secretary recognizes private sector employers 

and State and local governments for outstanding programs to 

reduce petroleum usage through practices described in paragraph (1). 

(c) REPLACEMENT TIRES.—

(1) IN GENERAL.—Except as provided in paragraph (2), the 

regulations issued under subsection (a)(1) shall include a requirement that, to the maximum extent practicable, each Federal agency purchase energy-efficient replacement tires for the 

respective fleet vehicles of the agency. 

(2) EXCEPTIONS.—This section does not apply to—

(A) law enforcement motor vehicles; 

(B) emergency motor vehicles; or 


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(C) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons. 

(d) ANNUAL REPORTS ON COMPLIANCE.—The Secretary shall submit to Congress an annual report that summarizes actions taken by 

Federal agencies to comply with this section. 

ENERGY CONSERVATION AND PRODUCTION ACT 

Public Law 94–385, as amended 

* * * * * * * 

TITLE III—ENERGY CONSERVATION STANDARDS FOR NEW 

BUILDINGS 

* * * * * * * 

SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS. 

(a)(1) IN GENERAL.—* * * 

(3)(A) Not later than 1 year after the date of enactment of 

øthis paragraph¿ the Energy Efficiency Promotion Act of 2007, the 

Secretary shall establish, by rule, revised Federal building energy 

efficiency performance standards that require that—

(i) if life-cycle cost-effective for new Federal buildings—

(I) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the 

International Energy Conservation Code, as appropriate, 

that is in effect as of the date of enactment of this paragraph; øand¿ 

(II) the buildings be designed, to the extent economically 

feasible and technically practicable, so that the fossil fuelgenerated energy consumption of the buildings is reduced, 

as compared with the fossil fuel-generated energy consumption by a similar Federal building in fiscal year 2003 (as 

measured by Commercial Buildings Energy Consumption 

Survey or Residential Energy Consumption Survey data 

from the Energy Information Agency), by the percentage 

specified in the following table: 

Fiscal Year Percentage Reduction 

2007 ......................................................................................................... 50 

2010 ......................................................................................................... 60 

2015 ......................................................................................................... 70 

2020 ......................................................................................................... 80 

2025 ......................................................................................................... 90 

2030 ......................................................................................................... 100 

; and’’. 

ø(II)¿ (III) sustainable design principles are applied to 

the siting, design, and construction of all new and replacement buildings; and 

(ii) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the 

technologies are life-cycle cost-effective. 

* * * * * * * 


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AUTHORIZATION OF APPROPRIATIONS

SEC. 422. For the purpose of carrying out the weatherization program under this part, there are authorized to be appropriated 

$500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, 

and ø$700,000,000 for fiscal year 2008¿ $750,000,000 for each of 

fiscal years 2008 through 2012. 

PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 

Public Law 95–617, as amended 

* * * * * * * 

TITLE I—RETAIL REGULATORY POLICIES FOR ELECTRIC 

UTILITIES 

* * * * * * * 

Subtitle B—Standards for Electric Utilities 

SEC. 111. CONSIDERATION AND DETERMINATION RESPECTING CERTAIN RATEMAKING STANDARDS. 

(a) CONSIDERATION AND DETERMINATION.—Each State regulatory 

authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall consider each standard established by subsection (d) and make a determination concerning whether or not it is appropriate to implement such standard to carry out the purposes of this title. For purposes of such consideration and determination in accordance with 

subsections (b) and (c), and for purposes of any review of such consideration and determination in any court in accordance with section 123, the purposes of this title supplement otherwise applicable 

State law. Nothing in this subsection prohibits any State regulatory authority or nonregulated electric utility from making any 

determination that it is not appropriate to implement any such 

standard, pursuant to its authority under otherwise applicable 

State law. 

* * * * * * * 

(d) ESTABLISHMENT.—The following Federal standards are hereby 

established—

* * * * * * * 

(16) INTEGRATED RESOURCE PLANNING.—Each electric utility 

shall—

(A) integrate energy efficiency resources into utility, State, 

and regional plans; and 

(B) adopt policies establishing cost-effective energy efficiency as a priority resource. 

(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS.—

(A) IN GENERAL.—The rates allowed to be charged by any 

electric utility shall—

(i) align utility incentives with the delivery of cost-effective energy efficiency; and 

(ii) promote energy efficiency investments. 


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(B) POLICY OPTIONS.—In complying with subparagraph (A), 

each State regulatory authority and each nonregulated utility shall consider—

(i) removing the throughput incentive and other regulatory and management disincentives to energy efficiency; 

(ii) providing utility incentives for the successful 

management of energy efficiency programs; 

(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with 

other objectives; 

(iv) adopting rate designs that encourage energy efficiency for each customer class; and 

(v) allowing timely recovery of energy efficiency-related costs. 

* * * * * * * 

TITLE III—RETAIL POLICIES FOR NATURAL GAS UTILITIES 

* * * * * * * 

SEC. 303. ADOPTION OF CERTAIN STANDARDS. 

(a) ADOPTION OF STANDARDS.—Not later than 2 years after the 

date of the enactment of this Act (or after the enactment of the Energy Policy Act of 1992 in the case of standards under paragraphs 

(3),1 and (4) of subsection (b)), each State regulatory authority 

(with respect to each gas utility for which it has ratemaking authority) and each nonregulated gas utility shall provide public notice and conduct a hearing respecting the standards established by 

subsection (b) and, on the basis of such hearing, shall—

(1) adopt the standard established by subsection (b)(1) if, and 

to the extent, such authority or nonregulated utility determines that such adoption is appropriate and is consistent with 

otherwise applicable State law, and 

(2) adopt the standards established by paragraphs (2), (3) 

and (4) of subsection (b) if, and to the extent, such authority 

or nonregulated utility determines that such adoption is appropriate to carry out the purposes of this title, is otherwise appropriate, and is consistent with otherwise applicable State 

law. 

For purposes of any determination under paragraphs (1) and (2) 

and any review of such determination in any court under section 

307, the purposes of this title supplement State law. Nothing in 

this subsection prohibits any State regulatory authority or nonregulated utility from making any determination that it is not appropriate to implement any such standard, pursuant to its authority under otherwise applicable State law. 

(b) ESTABLISHMENT.—The following Federal standards are hereby 

established: 

* * * * * * * 

(5) ENERGY EFFICIENCY.—Each natural gas utility shall—

(A) integrate energy efficiency resources into the plans 

and planning processes of the natural gas utility; and 


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(B) adopt policies that establish energy efficiency as a 

priority resource in the plans and planning processes of the 

natural gas utility. 

(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFI- CIENCY INVESTMENTS.— (A) IN GENERAL.—The rates allowed to be charged by a 

natural gas utility shall align utility incentives with the deployment of cost-effective energy efficiency. 

(B) POLICY OPTIONS.—In complying with subparagraph 

(A), each State regulatory authority and each nonregulated 

utility shall consider— (i) separating fixed-cost revenue recovery from the 

volume of transportation or sales service provided to 

the customer; 

(ii) providing to utilities incentives for the successful 

management of energy efficiency programs, such as allowing utilities to retain a portion of the cost-reducing 

benefits accruing from the programs; 

(iii) promoting the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with 

other objectives; and 

(iv) adopting rate designs that encourage energy efficiency for each customer class. 

NATIONAL ENERGY CONSERVATION POLICY ACT 

Public Law 95–619, as amended 

* * * * * * * 

TITLE V—FEDERAL ENERGY INITIATIVES 

* * * * * * * 

PART 3—FEDERAL ENERGY MANAGEMENT 

* * * * * * * 

SEC. 543. ENERGY MANAGEMENT REQUIREMENTS. 

(a) ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILD- INGS.—(1) Subject to paragraph (2), each agency shall apply energy 

conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per 

gross square foot of the Federal buildings of the agency in fiscal 

years 2006 through 2015 is reduced, as compared with the energy 

consumption per gross square foot of the Federal buildings of the 

agency in fiscal year 2003, by the percentage specified in the following table: 

øFiscal Year Percentage reduction 

2006 ......................................................................................................... 2 

2007 ......................................................................................................... 4 

2008 ......................................................................................................... 6 

2009 ......................................................................................................... 8 

2010 ......................................................................................................... 10 

2011 ......................................................................................................... 12 

2012 ......................................................................................................... 14 

2013 ......................................................................................................... 16 


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øFiscal Year Percentage reduction 

2014 ......................................................................................................... 18 

2015 ......................................................................................................... 20.¿ 

Fiscal Year Percentage reduction 

2006 ......................................................................................................... 2 

2007 ......................................................................................................... 4 

2008 ......................................................................................................... 9 

2009 ......................................................................................................... 12 

2010 ......................................................................................................... 15 

2011 ......................................................................................................... 18 

2012 ......................................................................................................... 21 

2013 ......................................................................................................... 24 

2014 ......................................................................................................... 27 

2015 ......................................................................................................... 30.¿ 

(f) COMBINED HEAT AND POWER AND DISTRICT ENERGY INSTALLA- TIONS AT FEDERAL SITES.— (1) IN GENERAL.—Not later than 18 months after the date of 

enactment of this subsection, the Secretary, in consultation with 

the Administrator of General Services and the Secretary of Defense, shall identify Federal sites that could achieve significant 

cost-effective energy savings through the use of combined heat 

and power or district energy installations. 

(2) INFORMATION AND TECHNICAL ASSISTANCE.—The Secretary 

shall provide agencies with information and technical assistance that will enable the agencies to take advantage of the energy savings described in paragraph (1). 

(3) ENERGY PERFORMANCE REQUIREMENTS.—Any energy savings from the installations described in paragraph (1) may be 

applied to meet the energy performance requirements for an 

agency under subsection (a)(1). 

* * * * * * * 

SEC. 546. INCENTIVES FOR AGENCIES. 

* * * * * * * 

(c) UTILITY INCENTIVE PROGRAM.—(1) Agencies are authorized 

and encouraged to participate in programs to increase energy efficiency and for water conservation or the management of electricity 

demand conducted by gas, water, or electric utilities and generally 

available to customers of such utilities. 

* * * * * * * 

ø(5)(A) An amount equal to fifty percent of the energy and water 

cost savings realized by an agency (other than the Department of 

Defense) with respect to funds appropriated for any fiscal year beginning after fiscal year 1992 (including financial benefits resulting 

from energy savings performance contracts under title VIII and 

utility energy efficiency rebates) shall, subject to appropriation, remain available for expenditure by such agency for additional energy efficiency measures which may include related employee incentive programs, particularly at those facilities at which energy 

savings were achieved. 

ø(B) Agencies shall establish a fund and maintain strict financial 

accounting and controls for savings realized and expenditures made 

under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon request.¿ 

* * * * * * * 


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SEC. 548. REPORTS. 

(a) REPORTS TO THE SECRETARY.—Each agency shall transmit a 

report to the Secretary, at times specified by the Secretary but at 

least annually, with complete information on its activities under 

this part, including information on—

(1) the agency’s progress in achieving the goals established 

by section 543; and 

(2) the procedures being used by the agency pursuant to section 546(a)(2), the number of contracts entered into by such 

agency under title VIII of this Act, the energy and cost savings 

that have resulted from such contracts and any termination 

penalty exposure, the use of such cost savings under section 

546(c), and any problem encountered in entering into such contracts and otherwise implementing section 546. 

* * * * * * * 

TITLE VIII—ENERGY SAVINGS PERFORMANCE CONTRACTS 

SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS. 

(a) IN GENERAL.—(1) The head of a Federal agency may enter 

into contracts under this title solely for the purpose of achieving 

energy savings and benefits ancillary to that purpose. Each such 

contract may, notwithstanding any other provision of law, be for a 

period not to exceed 25 years. Such contract shall provide that the 

contractor shall incur costs of implementing energy savings measures, including at least the cost (if any) incurred in making energy 

audits, acquiring and installing equipment, and training personnel, 

in exchange for a share of any energy savings directly resulting 

from implementation of such measures during the term of the contract. 

(2)(A) Contracts under this title shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair 

services for any energy related equipment, including computer software systems. 

(B) Aggregate annual payments by an agency to both utilities 

and energy savings performance contractors, under an energy savings performance contract, may not exceed the amount that the 

agency would have paid for utilities without an energy savings performance contract (as estimated through the procedures developed 

pursuant to this section) during contract years. The contract shall 

provide for a guarantee of savings to the agency, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. 

(C) Federal agencies may incur obligations pursuant to such contracts to finance energy conservation measures provided guaranteed savings exceed the debt service requirements. 

(D) A Federal agency may enter into a multiyear contract under 

this title for a period not to exceed 25 years, without funding of 

cancellation charges before cancellation, if—

(i) such contract was awarded in a competitive manner pursuant to subsection (b)(2), using procedures and methods established under this title; 


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(ii) funds are available and adequate for payment of the costs 

of such contract for the first fiscal year; and 

ø(iii) 30 days before the award of any such contract that contains a clause setting forth a cancellation ceiling in excess of 

$10,000,000, the head of such agency gives written notification 

of such proposed contract and of the proposed cancellation ceiling for such contract to the appropriate authorizing and appropriating committees of the Congress; and¿ 

ø(iv)¿ (iii) such contract is governed by part 17.1 of the Federal Acquisition Regulation promulgated under section 25 of 

the Office of Federal Procurement Policy Act (41 U.S.C. 421) 

or the applicable rules promulgated under this title. 

* * * * * * * 

ø(c) SUNSET AND REPORTING REQUIREMENTS.—The authority to 

enter into new contracts under this section shall cease to be effective on October 1, 2016.¿ 

* * * * * * * 

SEC. 804. DEFINITIONS. 

For purposes of this title, the following definitions apply: 

* * * * * * * 

(2) The term ‘‘energy savings’’ ømeans a reduction¿ means—

(A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a 

methodology set forth in the contract, used in an existing 

federally owned building or buildings or other federally 

owned facilities as a result of—

ø(A)¿ (i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; 

ø(B)¿ (ii) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally 

owned building or buildings or other federally owned 

facilities; or 

ø(C)¿ (iii) the increased efficient use of existing 

water sources in either interior or exterior 

applicationsø.¿; 

(B) the increased efficient use of an existing energy source 

by cogeneration or heat recovery, and installation of renewable energy systems; 

(C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or 

thermal energy generated on-site from renewable energy 

sources or cogeneration, but in excess of Federal needs, to 

utilities or non-Federal energy users; and 

(D) the increased efficient use of existing water sources in 

interior or exterior applications. 

THE ENERGY POLICY ACT OF 1992 

Public Law 102–486; 106 Stat. 2776 et seq. 

* * * * * * * 


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TITLE IV—ALTERNATIVE FUELS—NON-FEDERAL 

PROGRAMS 

SEC. 406. LABELING REQUIREMENTS. 

* * * * * * * 

(a) ESTABLISHMENT OF REQUIREMENTS.—øThe Federal Trade 

Commission¿ 

(1) IN GENERAL.—The Federal Trade Commission, in consultation with the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, 

shall, within 18 months after the date of enactment of this Act, 

issue a notice of proposed rulemaking for a rule to establish 

uniform labeling requirements, to the greatest extent practicable, for alternative fuels and alternative fueled vehicles, including requirements for appropriate information with respect 

to costs and benefits, so as to reasonably enable the consumer 

to make choices and comparisons. Required labeling under the 

rule shall be simple and, where appropriate, consolidated with 

other labels providing information to the consumer. In formulating the rule, the Federal Trade Commission shall give consideration to the problems associated with developing and publishing useful and timely cost and benefit information, taking 

into account lead time, costs, the frequency of changes in costs 

and benefits that may occur, and other relevant factors. The 

Commission shall obtain the views of affected industries, consumer organizations, Federal and State agencies, and others in 

formulating the rule. A final rule shall be issued within 1 year 

after the notice of proposed rulemaking is issued. Such rule 

shall be updated periodically to reflect the most recent available information. 

(2) FUEL TANK CAP LABELING REQUIREMENT.—Beginning with 

model year 2010, the fuel tank cap of each alternative fueled vehicle manufactured for sale in the United States shall be clearly 

labeled to inform consumers that such vehicle can operate on 

alternative fuel. 

(b) TECHNICAL ASSISTANCE AND COORDINATION.—The Secretary 

shall provide technical assistance to the Federal Trade Commission 

in developing labeling requirements under subsection (a). The Secretary shall coordinate activities under this section with activities 

under section 405. 

* * * * * * * 

THE ENERGY POLICY ACT OF 2005 

Public Law 109–58; 119 Stat. 594 et seq. 

* * * * * * * 

TITLE I—ENERGY EFFICIENCY 

* * * * * * * 

Subtitle B—Energy Assistance and State Programs 

* * * * * * * 


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SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a State 

that meets the requirements of subsection (b). 

(2) ENERGY STAR PROGRAM.—The term ‘‘Energy Star program’’ means the program established by section 324A of the 

Energy Policy and Conservation Act. 

(3) RESIDENTIAL ENERGY STAR PRODUCT.—The term ‘‘residential Energy Star product’’ means a product for a residence that 

is rated for energy efficiency under the Energy Star program. 

(4) STATE ENERGY OFFICE.—The term ‘‘State energy office’’ means the State agency responsible for developing State energy conservation plans under section 362 of the Energy Policy 

and Conservation Act (42 U.S.C. 6322). 

(5) STATE PROGRAM.—The term ‘‘State program’’ means a 

State energy efficient appliance rebate program described in 

subsection (b)(1). 

(b) ELIGIBLE STATES.—A State shall be eligible to receive an allocation under subsection (c) if the State—

(1) establishes (or has established) a State energy efficient 

appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products, or 

products with improved energy efficiency in cold climates to replace used appliances of the same type; 

(2) submits an application for the allocation at such time, in 

such form, and containing such information as the Secretary 

may require; and 

(3) provides assurances satisfactory to the Secretary that the 

State will use the allocation to supplement, but not supplant, 

funds made available to carry out the State program. 

(c) AMOUNT OF ALLOCATIONS.—

(1) IN GENERAL.—Subject to paragraph (2), for each fiscal 

year, the Secretary shall allocate to the State energy office of 

each eligible State to carry out subsection (d) an amount equal 

to the product obtained by multiplying the amount made available under subsection (f) for the fiscal year by the ratio that 

the population of the State in the most recent calendar year for 

which data are available bears to the total population of all eligible States in that calendar year. 

(2) MINIMUM ALLOCATIONS.—For each fiscal year, the 

amounts allocated under this subsection shall be adjusted proportionately so that no eligible State is allocated a sum that is 

less than an amount determined by the Secretary. 

(d) USE OF ALLOCATED FUNDS.—The allocation to a State energy 

office under subsection (c) may be used to pay up to 50 percent of 

the cost of establishing and carrying out a State program. 

(e) ISSUANCE OF REBATES.—Rebates may be provided to residential consumers that meet the requirements of the State program. 

The amount of a rebate shall be determined by the State energy 

office, taking into consideration—

(1) the amount of the allocation to the State energy office 

under subsection (c); 

(2) the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product or 

product with improved energy efficiency in a cold climate; and 


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(3) the difference between the cost of the residential Energy 

Star product or product with improved energy efficiency in a 

cold climate and the cost of an appliance that is not a residential Energy Star product or product with improved energy efficiency in a cold climate, but is of the same type as, and is the 

nearest capacity, performance, and other relevant characteristics (as determined by the State energy office) to, the residential Energy Star product or product with improved energy efficiency in a cold climate. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out this section 

$50,000,000 for each of the fiscal years 2006 through 2010. 

* * * * * * * 

TITLE II—RENEWABLE ENERGY 

Subtitle A—General Provisions 

SEC. 203. FEDERAL PURCHASE REQUIREMENT. 

ø(a) REQUIREMENT.—The President, acting through the Secretary, shall seek to ensure that, to the extent economically feasible 

and technically practicable, of the total amount of electric energy 

the Federal Government consumes during any fiscal year, the following amounts shall be renewable energy: 

ø(1) Not less than 3 percent in fiscal years 2007 through 

2009. 

ø(2) Not less than 5 percent in fiscal years 2010 through 

2012. 

ø(3) Not less than 7.5 percent in fiscal year 2013 and each 

fiscal year thereafter.¿ 

(a) REQUIREMENT.—

(1) IN GENERAL.—The President, acting through the Secretary, shall require that, to the extent economically feasible 

and technically practicable, of the total quantity of domestic 

electric energy the Federal Government consumes during any 

fiscal year, the following percentages shall be renewable energy 

from facilities placed in service after January 1, 1999: 

(A) Not less than 10 percent in fiscal year 2010. 

(B) Not less than 15 percent in fiscal year 2015. 

(2) CAPITOL COMPLEX.—The Architect of the Capitol, in consultation with the Secretary, shall ensure that, of the total 

quantity of electric energy the Capitol complex consumes during 

any fiscal year, the percentages prescribed in paragraph (1) 

shall be renewable energy. 

(3) WAIVER AUTHORITY.—The President may reduce or waive 

the requirement under paragraph (1) on a fiscal-year basis if 

the President determines that complying with paragraph (1) for 

a fiscal year would result in—

(A) a negative impact on military training or readiness 

activities conducted by the Department of Defense; 

(B) a negative impact on domestic preparedness activities 

conducted by the Department of Homeland Security; or 


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(C) a requirement that a Federal agency provide emergency response services in the event of a natural disaster or 

terrorist attack. 

(b) DEFINITIONS.—In this section: 

(1) BIOMASS.—The term ‘‘biomass’’ means any lignin waste 

material that is segregated from other waste materials and is 

determined to be nonhazardous by the Administrator of the 

Environmental Protection Agency and any solid, nonhazardous, 

cellulosic material that is derived from—

(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; 

(B) solid wood waste materials, including waste pallets, 

crates, dunnage, manufacturing and construction wood 

wastes (other than pressure-treated, chemically-treated, or 

painted wood wastes), and landscape or right-of-way tree 

trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, 

or paper that is commonly recycled; 

(C) agriculture wastes, including orchard tree crops, 

vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or 

((D) a plant that is grown exclusively as a fuel for the 

production of electricity. 

(2) 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. 

(c) CALCULATION.—For purposes of determining compliance with 

the requirement of this section, the amount of renewable energy 

shall be doubled if—

(1) the renewable energy is produced and used on-site at a 

Federal facility; 

(2) the renewable energy is produced on Federal lands and 

used at a Federal facility; or 

(3) the renewable energy is produced on Indian land as defined in title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 

3501 et seq.) and used at a Federal facility. 

(d) REPORT.—Not later than April 15, 2007, and every 2 years 

thereafter, the Secretary shall provide a report to Congress on the 

progress of the Federal Government in meeting the goals established by this section. 

(e) CONTRACTS FOR RENEWABLE ENERGY FROM PUBLIC UTILITY

SERVICES.—Notwithstanding section 501(b)(1)(B) of title 40, United 

States Code, a contract for renewable energy from a public utility 

service may be made for a period of not more than 50 years. 

* * * * * * * 

TITLE VII—VEHICLES AND FUELS 

* * * * * * * 


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Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell 

Buses 

PART 1—HYBRID VEHICLES 

SEC. 711. HYBRID VEHICLES. 

The Secretary shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles. 

SEC. 712. EFFICIENT HYBRID AND ADVANCED DIESEL VEHICLES. 

(a) PROGRAM.—The Secretary shall establish a program to encourage domestic production and sales of efficient hybrid and advanced diesel vehicles. The program shall include ø grants to automobile manufacturers ¿ grants and loan guarantees under section 

1703 to automobile manufacturers and suppliers to encourage domestic production of efficient hybrid and advanced diesel vehicles. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for carrying out this section such 

sums as may be necessary for each of the fiscal years 2006 through 

2015. 

* * * * * * * 

TITLE IX—RESEARCH AND DEVELOPMENT 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘Energy Research, Development, 

Demonstration, and Commercial Application Act of 2005’’. 

* * * * * * * 

Subtitle A—Energy Efficiency 

SEC. 911. ENERGY EFFICIENCY. 

(a) IN GENERAL.—

(1) OBJECTIVES.—The Secretary shall conduct programs of 

energy efficiency research, development, demonstration, and 

commercial application, including activities described in this 

subtitle. Such programs shall take into consideration the following objectives: 

(A) Increasing the energy efficiency of vehicles, buildings, and industrial processes. 

(B) Reducing the demand of the United States for energy, especially energy from foreign sources. 

(C) Reducing the cost of energy and making the economy 

more efficient and competitive. 

(D) Improving the energy security of the United States. 

(E) Reducing the environmental impact of energy-related 

activities. 

(2) PROGRAMS.—Programs under this subtitle shall include 

research, development, demonstration, and commercial application of—

(A) advanced, cost-effective technologies to improve the 

energy efficiency and environmental performance of vehicles, including—

(i) hybrid and electric propulsion systems; 


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(ii) plug-in hybrid systems; 

(iii) advanced combustion engines; 

(iv) weight and drag reduction technologies; 

(v) whole-vehicle design optimization; and 

(vi) advanced drive trains; 

(B) cost-effective technologies, for new construction and 

retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings 

approach, including onsite renewable energy generation; 

(C) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency 

of energy-intensive and waste-intensive industries; øand¿ 

(D) advanced control devices to improve the energy efficiency of electric motors, including those used in industrial 

processes, heating, ventilation, and cooling ø.¿ ; and 

(E) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel. 

* * * * * * * 

Subtitle C—Renewable Energy 

SEC. 931. RENEWABLE ENERGY. 

(a) IN GENERAL.— (1) OBJECTIVES.—The Secretary shall conduct programs of 

renewable energy research, development, demonstration, and 

commercial application, including activities described in this 

subtitle. Such programs shall take into consideration the following objectives: 

(A) Increasing the conversion efficiency of all forms of renewable energy through improved technologies. 

(B) Decreasing the cost of renewable energy generation 

and delivery. 

(C) Promoting the diversity of the energy supply. 

(D) Decreasing the dependence of the United States on 

foreign energy supplies. 

(E) Improving United States energy security. 

(F) Decreasing the environmental impact of energy-related activities. 

(G) Increasing the export of renewable generation equipment from the United States. 

(2) PROGRAMS.—

(A) SOLAR ENERGY.—The Secretary shall conduct a program of research, development, demonstration, and commercial application for solar energy, including—

(i) photovoltaics; 

(ii) solar hot water and solar space heating; 

(iii) concentrating solar power; 

(iv) lighting systems that integrate sunlight and 

electrical lighting in complement to each other in common lighting fixtures for the purpose of improving energy efficiency; 

(v) manufacturability of low cost, high quality solar 

systems; and 


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(vi) development of products that can be easily integrated into new and existing buildings. 

(B) WIND ENERGY.—The Secretary shall conduct a program of research, development, demonstration, and commercial application for wind energy, including— (i) low speed wind energy; 

(ii) offshore wind energy; 

(iii) testing and verification (including construction 

and operation of a research and testing facility capable 

of testing wind turbines); and 

(iv) distributed wind energy generation. 

(C) GEOTHERMAL.—The Secretary shall conduct a program of research, development, demonstration, and commercial application for geothermal energy. The program 

shall focus on developing improved technologies for reducing the costs of geothermal energy installations, including 

technologies for—

(i) improving detection of geothermal resources; 

(ii) decreasing drilling costs; 

(iii) decreasing maintenance costs through improved 

materials; 

(iv) increasing the potential for other revenue 

sources, such as mineral production; and 

(v) increasing the understanding of reservoir life 

cycle and management. 

(D) HYDROPOWER.—The Secretary shall conduct a program of research, development, demonstration, and commercial application for cost competitive technologies that 

enable the development of new and incremental hydropower capacity, adding to the diversity of the energy supply of the United States, including: 

(i) Fish-friendly large turbines. 

(ii) Advanced technologies to enhance environmental 

performance and yield greater energy efficiencies. 

(E) MISCELLANEOUS PROJECTS.—The Secretary shall conduct research, development, demonstration, and commercial application programs for— (i) ocean energy, including wave energy; 

(ii) the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of wind power 

and coal gasification technologies; 

(iii) renewable energy technologies for cogeneration 

of hydrogen and electricity; and 

(iv) kinetic hydro turbines. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out renewable energy research, development, demonstration, and commercial application 

activities, including activities authorized under this subtitle— (1) $632,000,000 for fiscal year 2007; 

(2) $743,000,000 for fiscal year 2008; and 

(3) $852,000,000 for fiscal year 2009. 

(c) BIOENERGY.—From the amounts authorized under subsection 

(b), there are authorized to be appropriated to carry out section 

932—


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(1) $213,000,000 for fiscal year 2007, of which $100,000,000 

shall be for section 932(d); 

(2) ø$251,000,000¿ $377,000,000 for fiscal year 2008, of which $125,000,000 shall be for section 932(d); and 

(3) ø$274,000,000¿ $398,000,000 for fiscal year 2009, of which $150,000,000 shall be for section 932(d). 

* * * * * * * 

Subtitle F—Fossil Energy 

* * * * * * * 

SEC. 963. CARBON CAPTURE øRESEARCH AND DEVELOPMENT¿ AND 

STORAGE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—The Secretary shall carry out a 10-year carbon 

capture øresearch and development¿ and storage research, development, and demonstration program to develop carbon dioxide øcapture technologies on combustion-based systems¿ capture and storage technologies related to energy systems for use— (1) in new coal utilization facilities; and 

(2) on the fleet of coal-based units in existence on the date 

of enactment of this Act. 

(b) OBJECTIVES.—The objectives of the program under subsection 

(a) shall be— (1) to develop carbon dioxide capture technologies, including 

adsorption and absorption techniques and chemical processes, 

to remove the carbon dioxide from gas streams containing carbon dioxide potentially amenable to sequestration; 

(2) to develop technologies that would directly produce concentrated streams of carbon dioxide potentially amenable to sequestration; 

(3) to increase the efficiency of the overall system to reduce 

the quantity of carbon dioxide emissions released from the system per megawatt generated; øand¿ 

(4) in accordance with the carbon dioxide capture program, 

to promote a robust carbon sequestration program and continue the work of the Department, in conjunction with the private sector, through regional carbon sequestration 

partnershipsø.¿; and 

(5) to expedite and carry out large-scale testing of carbon sequestration systems in a range of geological formations that 

will provide information on the cost and feasibility of deployment of sequestration technologies. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—From amounts authorized under section 961(b), the following sums are authorized for activities described in subsection (a)(2): 

ø(1) $25,000,000 for fiscal year 2006; 

ø(2) $30,000,000 for fiscal year 2007; and 

ø(3) $35,000,000 for fiscal year 2008.¿ 

(c) PROGRAMMATIC ACTIVITIES.—

(1) ENERGY RESEARCH AND DEVELOPMENT UNDERLYING CARBON CAPTURE AND STORAGE TECHNOLOGIES AND CARBON USE

ACTIVITIES.—

(A) IN GENERAL.—The Secretary shall carry out fundamental science and engineering research (including laboraVerDate Aug 31 2005 05:40 May 13, 2007 Jkt 059010 PO 00000 Frm 00054 Fmt 6659 Sfmt 6603 E:\HR\OC\SR065.XXX SR065

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tory-scale experiments, numeric modeling, and simulations) 

to develop and document the performance of new approaches to capture and store, recycle, or reuse carbon dioxide. 

(B) PROGRAM INTEGRATION.—The Secretary shall ensure 

that fundamental research carried out under this paragraph is appropriately applied to energy technology development activities, the field testing of carbon sequestration, 

and carbon use activities, including—

(i) development of new or improved technologies for 

the capture of carbon dioxide; 

(ii) development of new or improved technologies that 

reduce the cost and increase the efficacy of the compression of carbon dioxide required for the storage of carbon dioxide; 

(iii) modeling and simulation of geological sequestration field demonstrations; 

(iv) quantitative assessment of risks relating to specific field sites for testing of sequestration technologies; 

and 

(v) research and development of new and improved 

technologies for carbon use, including recycling and 

reuse of carbon dioxide. 

(2) CARBON CAPTURE DEMONSTRATION PROJECT.—

(A) IN GENERAL.—The Secretary shall carry out a demonstration of large-scale carbon dioxide capture from an 

appropriate gasification facility selected by the Secretary. 

(B) LINK TO STORAGE ACTIVITIES.—The Secretary may require the use of carbon dioxide from the project carried out 

under subparagraph (A) in a field testing validation activity under this section. 

(3) FIELD VALIDATION TESTING ACTIVITIES.—

(A) IN GENERAL.—The Secretary shall promote, to the 

maximum extent practicable, regional carbon sequestration 

partnerships to conduct geologic sequestration tests involving carbon dioxide injection and monitoring, mitigation, 

and verification operations in a variety of candidate geological settings, including—

(i) operating oil and gas fields; 

(ii) depleted oil and gas fields; 

(iii) unmineable coal seams; 

(iv) deep saline formations; 

(v) deep geological systems that may be used as engineered reservoirs to extract economical quantities of 

heat from geothermal resources of low permeability or 

porosity; and 

(vi) deep geologic systems containing basalt formations. 

(B) OBJECTIVES.—The objectives of tests conducted under 

this paragraph shall be—

(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment; 

(ii) to validate modeling of geological formations; 


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(iii) to refine storage capacity estimated for particular geological formations; 

(iv) to determine the fate of carbon dioxide concurrent with and following injection into geological formations; 

(v) to develop and implement best practices for operations relating to, and monitoring of, injection and 

storage of carbon dioxide in geologic formations; 

(vi) to assess and ensure the safety of operations related to geological storage of carbon dioxide; and 

(vii) to allow the Secretary to promulgate policies, 

procedures, requirements, and guidance to ensure that 

the objectives of this subparagraph are met in largescale testing and deployment activities for carbon capture and storage that are funded by the Department of 

Energy. 

(4) LARGE-SCALE TESTING AND DEPLOYMENT.—

(A) IN GENERAL.—The Secretary shall conduct not less 

than 7 initial large-volume sequestration tests for geological 

containment of carbon dioxide (at least 1 of which shall be 

international in scope) to validate information on the cost 

and feasibility of commercial deployment of technologies for 

geological containment of carbon dioxide. 

(B) DIVERSITY OF FORMATIONS TO BE STUDIED.—In selecting formations for study under this paragraph, the Secretary shall consider a variety of geological formations 

across the United States, and require characterization and 

modeling of candidate formations, as determined by the 

Secretary. 

(5) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS

PROPOSALS.—In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary 

shall give preference to proposals from partnerships among industrial, academic, and government entities. 

(6) COST SHARING.—Activities under this subsection shall be 

considered research and development activities that are subject 

to the cost-sharing requirements of section 988(b). 

(7) PROGRAM REVIEW AND REPORT.—During fiscal year 2011, 

the Secretary shall—

(A) conduct a review of programmatic activities carried 

out under this subsection; and 

(B) make recommendations with respect to continuation 

of the activities. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section—

(1) $150,000,000 for fiscal year 2008; 

(2) $200,000,000 for fiscal year 2009; 

(3) $200,000,000 for fiscal year 2010; 

(4) $180,000,000 for fiscal year 2011; and 

(5) $165,000,000 for fiscal year 2012. 

* * * * * * * 


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Subtitle G—Science 

SEC. 977. SYSTEMS BIOLOGY PROGRAM. 

(a) PROGRAM.—

(1) ESTABLISHMENT.—The Secretary shall establish a research, development, and demonstration program in microbial 

and plant systems biology, protein science, and computational 

biology to support the energy, national security, and environmental missions of the Department, including the establishment of at least 11 bioresearch centers of varying sizes, as appropriate, that focus on biofuels, of which at least 2 centers 

shall be located in each of the 4 Petroleum Administration for 

Defense Districts with no subdistricts and 1 center shall be located in each of the subdistricts of the Petroleum Administration for Defense District with subdistricts. 

* * * * * * * 

TITLE XI—PERSONNEL AND TRAINING 

SEC. 1101. WORKFORCE TRENDS AND TRAINEESHIP GRANTS. 

(a) DEFINITIONS.—In this section: 

(1) ENERGY TECHNOLOGY INDUSTRY.—The term ‘‘energy technology industry’’ includes—

(A) a renewable energy industry; 

(B) a company that develops or commercializes a device 

to increase energy efficiency; 

(C) the oil and gas industry; 

(D) the nuclear power industry; 

(E) the coal industry; 

(F) the electric utility industry; and 

(G) any other industrial sector, as the Secretary determines to be appropriate. 

(2) SKILLED TECHNICAL PERSONNEL.—The term ‘‘skilled technical personnel’’ means—

(A) journey- and apprentice-level workers who are enrolled in, or have completed, a federally-recognized or 

State-recognized apprenticeship program; and 

(B) other skilled workers in energy technology industries, as determined by the Secretary. 

(b) WORKFORCE TRENDS.—

(1) MONITORING.—The Secretary, in consultation with, and 

using data collected by, the Secretary of Labor, shall monitor 

trends in the workforce of—

(A) skilled technical personnel that support energy technology industries; and 

(B) electric power and transmission engineers. 

(2) REPORT ON TRENDS.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit to Congress a report on current trends under paragraph (1), with recommendations (as appropriate) to meet the future labor requirements for the energy technology industries. 

(3) REPORT ON SHORTAGE.—As soon as practicable after the 

date on which the Secretary identifies or predicts a significant 

national shortage of skilled technical personnel in one or more 


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energy technology industries, the Secretary shall submit to 

Congress a report describing the shortage. 

(c) TRAINEESHIP GRANTS FOR SKILLED TECHNICAL PERSONNEL.—

The Secretary, in consultation with the Secretary of Labor, may establish programs in the appropriate offices of the Department 

under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a 

shortage is identified or predicted under subsection (b)(2). 

(d) WORKFORCE TRAINING.—

(1) IN GENERAL.—The Secretary, in cooperation with the Secretary of Labor, shall promulgate regulations to implement a 

program to provide workforce training to meet the high demand 

for workers skilled in the energy efficiency and renewable energy industries. 

(2) CONSULTATION.—In carrying out this subsection, the Secretary shall consult with representatives of the energy efficiency 

and renewable energy industries concerning skills that are 

needed in those industries. 

ø(d)¿ (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000 for 

each of fiscal years 2006 through 2008. 

* * * * * * * 

TITLE XVII—INCENTIVES FOR INNOVATIVE TECHNOLOGIES 

SEC. 1701. DEFINITIONS. 

In this title: 

(1) COMMERCIAL TECHNOLOGY.—

(A) IN GENERAL.—The term ‘‘commercial technology’’ means 

a technology in general use in the commercial marketplace. 

ø(B) INCLUSIONS.—The term ‘‘commercial technology’’ does 

not include a technology solely by use of the technology in a 

demonstration project funded by the Department.¿ 

(B) EXCLUSION.—The term ‘commercial technology’ does not 

include a technology if the sole use of the technology is in connection with—

(i) a demonstration plant; or 

(ii) a project for which the Secretary approved a loan 

guarantee. 

(2) COST.—The term ‘‘cost’’ has the meaning given the term ‘‘cost 

of a loan guarantee’’ within the meaning of section 502(5)(C) of the 

Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). 

(3) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means a 

project described in section 1703. 

(4) GUARANTEE.—

(A) IN GENERAL.—The term ‘‘guarantee’’ has the meaning 

given the term ‘‘loan guarantee’’ in section 502 of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a). 

(B) INCLUSION.—The term ‘‘guarantee’’ includes a loan guarantee commitment (as defined in section 502 of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a)). 

(5) OBLIGATION.—The term ‘‘obligation’’ means the loan or other 

debt obligation that is guaranteed under this section. 


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SEC. 1702. TERMS AND CONDITIONS. 

(a) IN GENERAL.—Except for division C of Public Law 108–324, 

the Secretary shall make guarantees under this or any other Act 

for projects on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, only 

in accordance with this section. 

ø(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.—No guarantee 

shall be made unless—

(1) an appropriation for the cost has been made; or 

(2) the Secretary has received from the borrower a payment 

in full for the cost of the obligation and deposited the payment 

into the Treasury.¿ 

(b) SPECIFIC APPROPRIATION OR CONTTRIBUTION.— (1) IN GENERAL.—No guarantee shall be made unless—

(A) an appropriation for the cost has been made; or 

(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the 

payment into the Treasury. 

(2) LIMITATION.—The source of payments received from a borrower under paragraph (1)(B) shall not be a loan or other debt 

obligation that is made or guaranteed by the Federal Government. 

(3) RELATION TO OTHER LAWS.—Section 504(b) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply to 

a loan or loan guarantee made in accordance with paragraph 

(1)(B). 

ø(c) AMOUNT.—Unless otherwise provided by law, a guarantee by 

the Secretary shall not exceed an amount equal to 80 percent of the 

project cost of the facility that is the subject of the guarantee, as 

estimated at the time at which the guarantee is issued.¿ 

(c) AMOUNT.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall guarantee up to 100 percent of the principal and interest 

due on 1 or more loans for a facility that are the subject of the 

guarantee. 

(2) LIMITATION.—The total amount of loans guaranteed for a 

facility by the Secretary shall not exceed 80 percent of the total 

cost of the facility, as estimated at the time at which the guarantee is issued. 

(d) REPAYMENT.— (1) IN GENERAL.—No guarantee shall be made unless the 

Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the 

borrower. 

(2) AMOUNT.—No guarantee shall be made unless the Secretary determines that the amount of the obligation (when 

combined with amounts available to the borrower from other 

sources) will be sufficient to carry out the project. 

(3) SUBORDINATION.—The obligation shall be subject to the 

condition that the obligation is not subordinate to other financing. 

(e) INTEREST RATE.—An obligation shall bear interest at a rate 

that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks. 


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(f) TERM.—The term of an obligation shall require full repayment 

over a period not to exceed the lesser of— (1) 30 years; or 

(2) 90 percent of the projected useful life of the physical asset 

to be financed by the obligation (as determined by the Secretary). 

(g) DEFAULTS.— (1) PAYMENT BY SECRETARY.— (A) IN GENERAL.—If a borrower defaults on the obligation (as defined in regulations promulgated by the Secretary and specified in the guarantee contract), the holder 

of the guarantee shall have the right to demand payment 

of the unpaid amount from the Secretary. 

ø(B) PAYMENT REQUIRED.—Within such period as may be 

specified in the guarantee or related agreements, the Secretary shall pay to the holder of the guarantee the unpaid 

interest on, and unpaid principal of the obligation as to 

which the borrower has defaulted, unless the Secretary 

finds that there was no default by the borrower in the payment of interest or principal or that the default has been 

remedied.¿ 

ø(C)¿ (B) FORBEARANCE.—Nothing in this subsection 

precludes any forbearance by the holder of the obligation 

for the benefit of the borrower which may be agreed upon 

by the parties to the obligation and approved by the Secretary. 

(2) SUBROGATION.— (A) IN GENERAL.—If the Secretary makes a payment 

under paragraph (1), the Secretary shall be subrogated to 

the rights of the recipient of the payment as specified in 

the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to— (i) complete, maintain, operate, lease, or otherwise 

dispose of any property acquired pursuant to such 

guarantee or related agreements; or 

(ii) permit the borrower, pursuant to an agreement 

with the Secretary, to continue to pursue the purposes 

of the project if the Secretary determines this to be in 

the public interest. 

(B) SUPERIORITY OF RIGHTS.—The rights of the Secretary, with respect to any property acquired pursuant to 

a guarantee or related agreements, shall be superior to the 

rights of any other person with respect to the property. 

(C) TERMS AND CONDITIONS.—A guarantee agreement 

shall include such detailed terms and conditions as the 

Secretary determines appropriate to—

(i) protect the interests of the United States in the 

case of default; and 

(ii) have available all the patents and technology 

necessary for any person selected, including the Secretary, to complete and operate the project. 

(3) PAYMENT OF PRINCIPAL AND INTEREST BY SECRETARY.—

With respect to any obligation guaranteed under this section, 

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ers of the obligation, for and on behalf of the borrower, from 

funds appropriated for that purpose, the principal and interest 

payments which become due and payable on the unpaid balance of the obligation if the Secretary finds that— (A)(i) the borrower is unable to meet the payments and 

is not in default; 

(ii) it is in the public interest to permit the borrower to 

continue to pursue the purposes of the project; and 

(iii) the probable net benefit to the Federal Government 

in paying the principal and interest will be greater than 

that which would result in the event of a default; 

(B) the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of 

principal and interest that the borrower is obligated to pay 

under the agreement being guaranteed; and 

(C) the borrower agrees to reimburse the Secretary for 

the payment (including interest) on terms and conditions 

that are satisfactory to the Secretary. 

(4) ACTION BY ATTORNEY GENERAL.—

(A) NOTIFICATION.—If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of 

the default. 

(B) RECOVERY.—On notification, the Attorney General 

shall take such action as is appropriate to recover the unpaid principal and interest due from— (i) such assets of the defaulting borrower as are associated with the obligation; or 

(ii) any other security pledged to secure the obligation. 

(h) FEES.—

(1) IN GENERAL.—The Secretary shall charge and collect fees 

for guarantees in amounts the Secretary determines are sufficient to cover applicable administrative expenses. 

ø(2) AVAILABILITY.—Fees collected under this subsection 

shall—

ø(A) be deposited by the Secretary into the Treasury; 

and 

ø(B) remain available until expended, subject to such 

other conditions as are contained in annual appropriations 

Acts.¿ 

(2) AVAILABILITY.—Fees collected under this subsection 

shall—

(A) be deposited by the Secretary into a special fund in 

the Treasury to be known as the ‘Incentives For Innovative 

Technologies Fund’; and 

(B) remain available to the Secretary for expenditure, 

without further appropriation or fiscal year limitation, for 

administrative expenses incurred in carrying out this title. 

(i) RECORDS; AUDITS.— (1) IN GENERAL.—A recipient of a guarantee shall keep such 

records and other pertinent documents as the Secretary shall 

prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. 

(2) ACCESS.—The Secretary and the Comptroller General of 

the United States, or their duly authorized representatives, 


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shall have access, for the purpose of audit, to the records and 

other pertinent documents. 

(j) FULL FAITH AND CREDIT.—The full faith and credit of the 

United States is pledged to the payment of all guarantees issued 

under this section with respect to principal and interest. 

SEC. 1703. ELIGIBLE PROJECTS. 

(a) IN GENERAL.—The Secretary may make guarantees under 

this section only for projects that— (1) avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and 

(2) employ new or significantly improved technologies as 

compared to commercial technologies in service in the United 

States at the time the guarantee is issued. 

(b) CATEGORIES.—Projects from the following categories shall be 

eligible for a guarantee under this section: 

(1) Renewable energy systems. 

(2) Advanced fossil energy technology (including coal gasification meeting the criteria in subsection (d)). 

(3) Hydrogen fuel cell technology for residential, industrial, 

or transportation applications. 

(4) Advanced nuclear energy facilities. 

(5) Carbon capture and sequestration practices and technologies, including agricultural and forestry practices that 

store and sequester carbon. 

(6) Efficient electrical generation, transmission, and distribution technologies. 

(7) Efficient end-use energy technologies. 

(8) Production facilities for fuel efficient vehicles, including 

hybrid and advanced diesel vehicles. 

(9) Pollution control equipment. 

(10) Refineries, meaning facilities at which crude oil is refined into gasoline. 

(c) GASIFICATION PROJECTS.—The Secretary may make guarantees for the following gasification projects: 

(1) INTEGRATED GASIFICATION COMBINED CYCLE PROJECTS.— Integrated gasification combined cycle plants meeting the 

emission levels under subsection (d), including— (A) projects for the generation of electricity— (i) for which, during the term of the guarantee— (I) coal, biomass, petroleum coke, or a combination of coal, biomass, and petroleum coke will account for at least 65 percent of annual heat input; 

and 

(II) electricity will account for at least 65 percent of net useful annual energy output; 

(ii) that have a design that is determined by the 

Secretary to be capable of accommodating the equipment likely to be necessary to capture the carbon dioxide that would otherwise be emitted in flue gas from 

the plant; 

(iii) that have an assured revenue stream that covers project capital and operating costs (including servicing all debt obligations covered by the guarantee) 

that is approved by the Secretary and the relevant 

State public utility commission; and 


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(iv) on which construction commences not later than 

the date that is 3 years after the date of the issuance 

of the guarantee; 

(B) a project to produce energy from coal (of not more 

than 13,000 Btu/lb and mined in the western United 

States) using appropriate advanced integrated gasification 

combined cycle technology that minimizes and offers the 

potential to sequester carbon dioxide emissions and that—

(i) may include repowering of existing facilities; 

(ii) may be built in stages; 

(iii) shall have a combined output of at least 100 

megawatts; 

(iv) shall be located in a western State at an altitude 

greater than 4,000 feet; and 

(v) shall demonstrate the ability to use coal with an 

energy content of not more than 9,000 Btu/lb; 

(C) a project located in a taconite-producing region of the 

United States that is entitled under the law of the State 

in which the plant is located to enter into a long-term contract approved by a State public utility commission to sell 

at least 450 megawatts of output to a utility; 

(D) facilities that—

(i) generate one or more hydrogen-rich and carbon 

monoxide-rich product streams from the gasification of 

coal or coal waste; and 

(ii) use those streams to facilitate the production of 

ultra clean premium fuels through the FischerTropsch process; and 

(E) a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal, that—

(i) is owned by a State government; and 

(ii) may include tribal and private coal resources. 

(2) INDUSTRIAL GASIFICATION PROJECTS.—Facilities that gasify coal, biomass, or petroleum coke in any combination to 

produce synthesis gas for use as a fuel or feedstock and for 

which electricity accounts for less than 65 percent of the useful 

energy output of the facility. 

(3) PETROLEUM COKE GASIFICATION PROJECTS.—The Secretary is encouraged to make loan guarantees under this title 

available for petroleum coke gasification projects. 

(4) LIQUEFACTION PROJECT.—Notwithstanding any other provision of law, funds awarded under the clean coal power initiative under subtitle A of title IV for coal-to-oil liquefaction 

projects may be used to finance the cost of loan guarantees for 

projects awarded such funds. 

(d) EMISSION LEVELS.—In addition to any other applicable Federal or State emission limitation requirements, a project shall attain at least—

(1) total sulfur dioxide emissions in flue gas from the project 

that do not exceed 0.05 lb/MMBtu; 

(2) a 90-percent removal rate (including any fuel 

pretreatment) of mercury from the coal-derived gas, and any 

other fuel, combusted by the project; 


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(3) total nitrogen oxide emissions in the flue gas from the 

project that do not exceed 0.08 lb/MMBtu; and 

(4) total particulate emissions in the flue gas from the 

project that do not exceed 0.01 lb/MMBtu. 

(e) QUALIFICATION OF FACILITIES RECEIVING TAX CREDITS.—A 

project that receives tax credits for clean coal technology shall not 

be disqualified from receiving a guarantee under this title. 

(f) RENEWABLE FUEL FACILITIES.— (1) IN GENERAL.—The Secretary may make guarantees under 

this title for projects that produce advanced biofuel (as defined 

in section 102 of the Biofuels for Energy Security and Transportation Act of 2007). 

(2) REQUIREMENTS.—A project under this subsection shall 

employ new or significantly improved technologies for the production of renewable fuels as compared to commercial technologies in service in the United States at the time that the 

guarantee is issued. 

(3) ISSUANCE OF FIRST LOAN GUARANTEES.—The requirement 

of section 20320(b) of division B of the Continuing Appropriations Resolution, 2007 (Public Law 109–289, Public Law 110– 5), relating to the issuance of final regulations, shall not apply 

to the first 6 guarantees issued under this subsection. 

(4) PROJECT DESIGN.—A project for which a guarantee is 

made under this subsection shall have a project design that has 

been validated through the operation of a continuous process 

pilot facility with an annual output of at least 50,000 gallons 

of ethanol or the energy equivalent volume of other advanced 

biofuels. 

(5) MAXIMUM GUARANTEED PRINCIPAL.—The total principal 

amount of a loan guaranteed under this subsection may not exceed $250,000,000 for a single facility. 

(6) AMOUNT OF GUARANTEE.—The Secretary shall guarantee 

100 percent of the principal and interest due on 1 or more loans 

made for a facility that is the subject of the guarantee under 

paragraph (3). 

(7) DEADLINE.—The Secretary shall approve or disapprove an 

application for a guarantee under this subsection not later than 

90 days after the date of receipt of the application. 

(8) REPORT.—Not later than 30 days after approving or disapproving an application under paragraph (7), the Secretary 

shall submit to Congress a report on the approval or disapproval (including the reasons for the action). 

* * * * * * * 

CRANSTON-GONZALEZ NATIONAL AFFORDABLE 

HOUSING ACT 

Public Law 101–626, as amended 

* * * * * * * 

SEC. 109. ENERGY EFFICIENCY STANDARDS. 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later 


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than September 30, 2006, jointly establish, by rule, energy efficiency standards for— (A) new construction of public and assisted housing and 

single family and multifamily residential housing (other 

than manufactured homes) subject to mortgages insured 

under the National Housing Act; 

(B) new construction of single family housing (other than 

manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title 

V of the Housing Act of 1949; and 

(C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants 

under section 24 of the United States Housing Act of 1937 

ø, where such standards are determined to be cost effective 

by the Secretary of Housing and Urban Development¿. (2) CONTENTS.—Such standards shall meet or exceed the requirements of øthe Council of American Building Officials Model Energy 

Code, 1992¿ 2006 International Energy Conservation Code, (hereafter in this section referred to as ‘‘øCABO Model Energy Code, 

1992¿ the 2006 IECC’’) or, in the case of multifamily high rises, the 

requirements of the American Society of Heating, Refrigerating, 

and Air-Conditioning Engineers Standard 90.1 ø1989¿ 2004 (hereafter in this section referred to as ‘‘ASHRAE Standard 90.1 ø1989¿ 

2004’’) ø, and, with respect to rehabilitation and new construction 

of public and assisted housing funded by HOPE VI revitalization 

grants under section 24 of the United States Housing Act of 1937 

(42 U.S.C. 1437v), the 2003 International Energy Conservation 

Code¿, and shall be cost-effective with respect to construction and 

operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies 

(including public housing agencies), energy agencies, building code 

organizations and agencies, energy efficiency organizations, utility 

organizations, low-income housing organizations, and other parties 

designated by the Secretaries. 

(b) øMODEL ENERGY CODE.—¿ INTERNATIONAL ENERGY CON- SERVATION CODE.—If the Secretaries have not, by September 30, 

2006, established energy efficiency standards under subsection (a), 

all new construction and rehabilitation of housing specified in such 

subsection shall meet the requirements of øCABO Model Energy 

Code, 1992¿ the 2006 IECC, or, in the case of multifamily high 

rises, the requirements of ASHRAE Standard 90.1 ø1989¿ 2004. ø, and, with respect to rehabilitation and new construction of public 

and assisted housing funded by HOPE VI revitalization grants 

under section 24 of the United States Housing Act of 1937 (42 

U.S.C. 1437v), the 2003 International Energy Conservation Code.¿ 

(c) REVISIONS OF øMODEL ENERGY CODE AND¿ THE INTER- NATIONAL ENERGY CONSERVATION CODE.—If the requirements of 

øCABO Model Energy Code, 1992¿ the 2006 IECC, or, in the case 

of multifamily high rises, ASHRAE Standard 90.1 ø1989¿ 2004 ø 

, or, with respect to rehabilitation and new construction of public 

and assisted housing funded by HOPE VI revitalization grants 

under section 24 of the United States Housing Act of 1937 (42 

U.S.C. 1437v), the 2003 International Energy Conservation Code¿, 

are revised at any time, the Secretaries shall, not later than 1 year 


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after such revision, amend the standards established under subsection (a) to meet or exceed the requirements of such revised code 

or standard unless the Secretaries determine that compliance with 

such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible 

or economically justified. 

(d) FAILURE TO AMEND THE STANDARDS.—If the Secretaries have 

not, within 1 year after the requirements of the 2006 IECC or the 

ASHRAE Standard 90.1–2004 are revised, amended the standards 

or made a determination under subsection (c) of this section, and 

if the Secretary of Energy has made a determination under section 

304 of the Energy Conservation and Production Act (42 U.S.C. 

6833) that the revised code or standard would improve energy efficiency, all new construction and rehabilitation of housing specified 

in subsection (a) shall meet the requirements of the revised code or 

standard. 

TITLE 10, UNITED STATES CODE 

* * * * * * * 

CHAPTER 173—ENERGY SECURITY 

* * * * * * * 

SUBCHAPTER I—ENERGY SECURITY ACTIVITIES 

* * * * * * * 

SEC. 2913. ENERGY SAVINGS CONTRACTS AND ACTIVITIES. 

* * * * * * * 

ø(e) Congressional notification of cancellation ceiling for energy 

savings performance contracts. When a decision is made to award 

an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of 

Congress written notification of the proposed contract and of the 

proposed cancellation ceiling for the contract. The notification shall 

include the justification for the proposed cancellation ceiling. The 

contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15-day period beginning on the 

date on which a copy of the notification is provided in an electronic 

medium pursuant to section 480 of this title.¿ 

Æ 


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