From: Llenza, Charles 

Sent: Monday, August 04, 2008 12:47 PM 

To: 'Fred Minelli' 

Cc: Rodgers, David; Lewis, Ronald; McCabe, Michael; Cohen, Daniel 

Subject: RE: Federal Energy Standard for Walk-In Coolers and Walk-In Freezers

Dear Mr. Minelli: 

Please refer to the Energy Independence and Security Act of 2007 (EISA 2007), 

SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS for the 

manufacturing requirements, specifically R-values the for doors, for this 

equipment, effective January 01, 2009, see attached EISA 2007 document. 

EISA Section 312(b) amends Section 342 of the Energy Policy and Conservation 

Act (EPCA) by adding paragraph (f)(1)(C), requirements for walk-in coolers and 

walk-in freezers:

‘‘(C) contain wall, ceiling, and door insulation of at least R–25 for coolers and R–32 for freezers, except 

that this subparagraph shall not apply to glazed portions of doors nor to structural members; 

EISA Section 312(b) amends Section 342 of EPCA by adding paragraphs (f)(3)(A) & 

(B), requirements for walk-in coolers and walk-in freezers with transparent reach-in 

doors:

‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk-in cooler or walk-in freezer with transparent reachin doors manufactured on or after January 1, 2009, shall also meet the following specifications: 

‘‘(A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of 

triplepane glass with either heat-reflective treated glass or gas fill. 

‘‘(B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be— 

‘‘(i) double-pane glass with heat-reflective treated glass and gas fill; or 

‘‘(ii) triple-pane glass with either heat-reflective treated glass or gas fill. 

In answer to your questions in your email below (08/04/08):

1- Is the Energy Standard ready to be implemented on 1-1-09 or are some of the walk-in 

cooler and freezer sections still under review?

For Walk-In Coolers and Walk-In Freezers the manufacturing requirements in 

EISA 2007 become effective on all equipment manufactured on or after January 

01, 2009. 

2- Do the R-value requirements for Cooler and Freezer doors apply to all walk through 

doors used on Walk-in Coolers and Freezers i.e. double acting (these doors are usually 

metal covered plywood), sliding, roll up (some of these are hollow vinyl with dead air 

space and no additional insulation)?

Except for transparent reach-in doors, see requirements detailed above, all other 

doors manufactured on or after January 01, 2009 need to be at least R–25 for 

coolers and R–32 for freezers.

Please do not hesitate to contact me if you have any additional questions.

 EERE-2008-BT-STD-0015 COMMENT 01
Regards,

Charles Llenza

Project Manager/Engineer

Appliance Standards Team 

Building Technologies Program

Energy Efficiency and Renewable Energy

US Department of Energy

(202)586-2192(work)

(202)287-1590(fax)

Charles.Llenza@ee.doe.gov

-----Original Message-----

From: Fred Minelli [mailto:fminelli@kysorpanel.com] 

Sent: Monday, August 04, 2008 11:20 AM 

To: Llenza, Charles 

Subject: RE: Federal Energy Standard 

Charles, 

I want to be clear in my request. 

1- Is the Energy Standard ready to be implemented on 1-1-09 or are some of the walk-in 

cooler and freezer sections still under review? 

2- Do the R-value requirements for Cooler and Freezer doors apply to all walk through 

doors used on Walk-in Coolers and Freezers i.e. double acting (these doors are usually 

metal covered plywood), sliding, roll up (some of these are hollow vinyl with dead air 

space and no additional insulation)? 

Please contact me with any questions. It is very important these issues be clarified as 

soon as possible. 

Thanks for you assistance. 

Fred 

-----Original Message-----

From: Llenza, Charles [mailto:Charles.Llenza@ee.doe.gov] 

Sent: Friday, August 01, 2008 2:16 PM 

To: Rodgers, David 

Cc: Lewis, Ronald; McCabe, Michael; Fred Minelli 

Subject: RE: Federal Energy Standard 

David: 

Just spoke with Mr. Minelli about his question as it relates to the Walk-in Coolers and 

 EERE-2008-BT-STD-0015 COMMENT 01
Freezers, specifically R-values for the doors. I will be sending him a response no later 

than Monday morning once I look up and verify the answer to his question as it relates to 

EISA 2007. 

Regards, 

Charles Llenza 

Project Manager/Engineer 

US Department of Energy 

(202)586-2192(work) 

(202)287-1590(fax) 

Charles.Llenza@ee.doe.gov 

-----Original Message-----

From: Rodgers, David 

Sent: Friday, August 01, 2008 2:49 PM 

To: 'fminelli@kysorpanel.com' 

Cc: Llenza, Charles 

Subject: Re: Federal Energy Standard 

No worries. Charlie Llenza will be contacting you. 

David Rodgers, EERE, US DOE 

----- Original Message -----

From: Fred Minelli <fminelli@kysorpanel.com> 

To: Rodgers, David 

Sent: Fri Aug 01 14:33:16 2008 

Subject: FW: Federal Energy Standard 

David, 

I had a lot of trouble sending this earlier so I will try again. 

Harvey Sachs at ACEEE said you could direct me to the correct contact. 

Please see the question below. Thanks you for your assistance. 

Fred L. Minelli 

Vice President-Engineering 

KYSOR Panel Systems 

4201 North Beach Street 

Fort Worth, TX 76137 

Direct: (817) 230-8745 

Cell: (817) 307-5019 

Fax: (817)306-1167 

www.kysorpanel.com

-----Original Message-----

From: Harvey Sachs [mailto:hsachs@aceee.org] 

Sent: Friday, August 01, 2008 12:05 PM 

To: Fred Minelli 

Subject: RE: Federal Energy Standard 

 EERE-2008-BT-STD-0015 COMMENT 01
I'm sorry, but I have not been following the process for these commercial refrigeration units. I would 

suggest calling the office of David Rodgers, DOE, to ask who their lead is on this rulemaking. 

Rodgers is at 202-586-8038, and David.Rodgers@EE.DOE.GOV/ Rpdgers is the lead civil servant in this 

part of DOE. 

regards, 

harvey 

>>> "Fred Minelli" <fminelli@kysorpanel.com> 8/1/2008 12:59 PM >>> 

Harvey, 

I have been told by a roll up door manufacturer that the Federal Energy Standard is still undecided and 

under review in Washington, specifically R-values for doors. 

I do not believe this is correct. Do you have any data on this? 

Fred 

CONFIDENTIALITY NOTICE

*******************************************************************************************

THE INFORMATION CONTAINED IN THIS FACSIMILE OR ELECTRONIC MESSAGE IS CONFIDENTIAL INFORMATION INTENDED 

FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED 

RECIPIENT, OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS FACSIMILE MESSAGE TO THE INTENDED 

RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OR COPYING OF THIS COMMUNICATION IS STRICTLY 

PROHIBITED. IF THIS MESSAGE CONTAINS NON-PUBLIC PERSONAL INFORMATION ABOUT ANY CONSUMER OR CUSTOMER 

OF THE SENDER OR INTENDED RECIPIENT, YOU ARE FURTHER PROHIBITED UNDER PENALTY OF LAW FROM USING OR 

DISCLOSING THE INFORMATION TO ANY THIRD PARTY BY PROVISIONS OF THE FEDERAL GRAMM-LEACH-BAILEY ACT. IF 

YOU HAVE RECEIVED THIS FACSIMILE OR ELECTRONIC MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY 

TELEPHONE AND RETURN OR DESTROY THE ORIGINAL MESSAGE TO ASSURE THAT IT IS NOT READ, COPIED, OR 

DISTRIBUTED BY OTHERS. 

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 

ENERGY INDEPENDENCE AND SECURITY ACT 

OF 2007 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1492 PUBLIC LAW 110–140—DEC. 19, 2007 

Public Law 110–140 

110th Congress 

An Act 

To move the United States toward greater energy independence and security, to 

increase the production of clean renewable fuels, to protect consumers, to increase 

the efficiency of products, buildings, and vehicles, to promote research on and 

deploy greenhouse gas capture and storage options, and to improve the energy 

performance of the Federal Government, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Energy 

Independence and Security Act of 2007’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Relationship to other law. 

TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL 

ECONOMY 

Subtitle A—Increased Corporate Average Fuel Economy Standards 

Sec. 101. Short title. 

Sec. 102. Average fuel economy standards for automobiles and certain other vehicles. 

Sec. 103. Definitions. 

Sec. 104. Credit trading program. 

Sec. 105. Consumer information. 

Sec. 106. Continued applicability of existing standards. 

Sec. 107. National Academy of Sciences studies. 

Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty 

truck fuel economy. 

Sec. 109. Extension of flexible fuel vehicle credit program. 

Sec. 110. Periodic review of accuracy of fuel economy labeling procedures. 

Sec. 111. Consumer tire information. 

Sec. 112. Use of civil penalties for research and development. 

Sec. 113. Exemption from separate calculation requirement. 

Subtitle B—Improved Vehicle Technology 

Sec. 131. Transportation electrification. 

Sec. 132. Domestic manufacturing conversion grant program. 

Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992. 

Sec. 134. Loan guarantees for fuel-efficient automobile parts manufacturers. 

Sec. 135. Advanced battery loan guarantee program. 

Sec. 136. Advanced technology vehicles manufacturing incentive program. 

Subtitle C—Federal Vehicle Fleets 

Sec. 141. Federal vehicle fleets. 

Sec. 142. Federal fleet conservation requirements. 

Energy 

Independence 

and Security Act 

of 2007. 

42 USC 17001 

note. 

Dec. 19, 2007 

[H.R. 6] 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1493 

TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION OF 

BIOFUELS 

Subtitle A—Renewable Fuel Standard 

Sec. 201. Definitions. 

Sec. 202. Renewable fuel standard. 

Sec. 203. Study of impact of Renewable Fuel Standard. 

Sec. 204. Environmental and resource conservation impacts. 

Sec. 205. Biomass based diesel and biodiesel labeling. 

Sec. 206. Study of credits for use of renewable electricity in electric vehicles. 

Sec. 207. Grants for production of advanced biofuels. 

Sec. 208. Integrated consideration of water quality in determinations on fuels and 

fuel additives. 

Sec. 209. Anti-backsliding. 

Sec. 210. Effective date, savings provision, and transition rules. 

Subtitle B—Biofuels Research and Development 

Sec. 221. Biodiesel. 

Sec. 222. Biogas. 

Sec. 223. Grants for biofuel production research and development in certain States. 

Sec. 224. Biorefinery energy efficiency. 

Sec. 225. Study of optimization of flexible fueled vehicles to use E–85 fuel. 

Sec. 226. Study of engine durability and performance associated with the use of 

biodiesel. 

Sec. 227. Study of optimization of biogas used in natural gas vehicles. 

Sec. 228. Algal biomass. 

Sec. 229. Biofuels and biorefinery information center. 

Sec. 230. Cellulosic ethanol and biofuels research. 

Sec. 231. Bioenergy research and development, authorization of appropriation. 

Sec. 232. Environmental research and development. 

Sec. 233. Bioenergy research centers. 

Sec. 234. University based research and development grant program. 

Subtitle C—Biofuels Infrastructure 

Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel 

infrastructure. 

Sec. 242. Renewable fuel dispenser requirements. 

Sec. 243. Ethanol pipeline feasibility study. 

Sec. 244. Renewable fuel infrastructure grants. 

Sec. 245. Study of the adequacy of transportation of domestically-produced renewable fuel by railroads and other modes of transportation. 

Sec. 246. Federal fleet fueling centers. 

Sec. 247. Standard specifications for biodiesel. 

Sec. 248. Biofuels distribution and advanced biofuels infrastructure. 

Subtitle D—Environmental Safeguards 

Sec. 251. Waiver for fuel or fuel additives. 

TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR 

APPLIANCE AND LIGHTING 

Subtitle A—Appliance Energy Efficiency 

Sec. 301. External power supply efficiency standards. 

Sec. 302. Updating appliance test procedures. 

Sec. 303. Residential boilers. 

Sec. 304. Furnace fan standard process. 

Sec. 305. Improving schedule for standards updating and clarifying State authority. 

Sec. 306. Regional standards for furnaces, central air conditioners, and heat 

pumps. 

Sec. 307. Procedure for prescribing new or amended standards. 

Sec. 308. Expedited rulemakings. 

Sec. 309. Battery chargers. 

Sec. 310. Standby mode. 

Sec. 311. Energy standards for home appliances. 

Sec. 312. Walk-in coolers and walk-in freezers. 

Sec. 313. Electric motor efficiency standards. 

Sec. 314. Standards for single package vertical air conditioners and heat pumps. 

Sec. 315. Improved energy efficiency for appliances and buildings in cold climates. 

Sec. 316. Technical corrections. 

Subtitle B—Lighting Energy Efficiency 

Sec. 321. Efficient light bulbs. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1494 PUBLIC LAW 110–140—DEC. 19, 2007 

Sec. 322. Incandescent reflector lamp efficiency standards. 

Sec. 323. Public building energy efficient and renewable energy systems. 

Sec. 324. Metal halide lamp fixtures. 

Sec. 325. Energy efficiency labeling for consumer electronic products. 

TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY 

Sec. 401. Definitions. 

Subtitle A—Residential Building Efficiency 

Sec. 411. Reauthorization of weatherization assistance program. 

Sec. 412. Study of renewable energy rebate programs. 

Sec. 413. Energy code improvements applicable to manufactured housing. 

Subtitle B—High-Performance Commercial Buildings 

Sec. 421. Commercial high-performance green buildings. 

Sec. 422. Zero Net Energy Commercial Buildings Initiative. 

Sec. 423. Public outreach. 

Subtitle C—High-Performance Federal Buildings 

Sec. 431. Energy reduction goals for Federal buildings. 

Sec. 432. Management of energy and water efficiency in Federal buildings. 

Sec. 433. Federal building energy efficiency performance standards. 

Sec. 434. Management of Federal building efficiency. 

Sec. 435. Leasing. 

Sec. 436. High-performance green Federal buildings. 

Sec. 437. Federal green building performance. 

Sec. 438. Storm water runoff requirements for Federal development projects. 

Sec. 439. Cost-effective technology acceleration program. 

Sec. 440. Authorization of appropriations. 

Sec. 441. Public building life-cycle costs. 

Subtitle D—Industrial Energy Efficiency 

Sec. 451. Industrial energy efficiency. 

Sec. 452. Energy-intensive industries program. 

Sec. 453. Energy efficiency for data center buildings. 

Subtitle E—Healthy High-Performance Schools 

Sec. 461. Healthy high-performance schools. 

Sec. 462. Study on indoor environmental quality in schools. 

Subtitle F—Institutional Entities 

Sec. 471. Energy sustainability and efficiency grants and loans for institutions. 

Subtitle G—Public and Assisted Housing 

Sec. 481. Application of International Energy Conservation Code to public and assisted housing. 

Subtitle H—General Provisions 

Sec. 491. Demonstration project. 

Sec. 492. Research and development. 

Sec. 493. Environmental Protection Agency demonstration grant program for local 

governments. 

Sec. 494. Green Building Advisory Committee. 

Sec. 495. Advisory Committee on Energy Efficiency Finance. 

TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS 

Subtitle A—United States Capitol Complex 

Sec. 501. Capitol complex photovoltaic roof feasibility studies. 

Sec. 502. Capitol complex E–85 refueling station. 

Sec. 503. Energy and environmental measures in Capitol complex master plan. 

Sec. 504. Promoting maximum efficiency in operation of Capitol power plant. 

Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and demonstration projects. 

Subtitle B—Energy Savings Performance Contracting 

Sec. 511. Authority to enter into contracts; reports. 

Sec. 512. Financing flexibility. 

Sec. 513. Promoting long-term energy savings performance contracts and verifying 

savings. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1495 

Sec. 514. Permanent reauthorization. 

Sec. 515. Definition of energy savings. 

Sec. 516. Retention of savings. 

Sec. 517. Training Federal contracting officers to negotiate energy efficiency contracts. 

Sec. 518. Study of energy and cost savings in nonbuilding applications. 

Subtitle C—Energy Efficiency in Federal Agencies 

Sec. 521. Installation of photovoltaic system at Department of Energy headquarters 

building. 

Sec. 522. Prohibition on incandescent lamps by Coast Guard. 

Sec. 523. Standard relating to solar hot water heaters. 

Sec. 524. Federally-procured appliances with standby power. 

Sec. 525. Federal procurement of energy efficient products. 

Sec. 526. Procurement and acquisition of alternative fuels. 

Sec. 527. Government efficiency status reports. 

Sec. 528. OMB government efficiency reports and scorecards. 

Sec. 529. Electricity sector demand response. 

Subtitle D—Energy Efficiency of Public Institutions 

Sec. 531. Reauthorization of State energy programs. 

Sec. 532. Utility energy efficiency programs. 

Subtitle E—Energy Efficiency and Conservation Block Grants 

Sec. 541. Definitions. 

Sec. 542. Energy Efficiency and Conservation Block Grant Program. 

Sec. 543. Allocation of funds. 

Sec. 544. Use of funds. 

Sec. 545. Requirements for eligible entities. 

Sec. 546. Competitive grants. 

Sec. 547. Review and evaluation. 

Sec. 548. Funding. 

TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT 

Subtitle A—Solar Energy 

Sec. 601. Short title. 

Sec. 602. Thermal energy storage research and development program. 

Sec. 603. Concentrating solar power commercial application studies. 

Sec. 604. Solar energy curriculum development and certification grants. 

Sec. 605. Daylighting systems and direct solar light pipe technology. 

Sec. 606. Solar Air Conditioning Research and Development Program. 

Sec. 607. Photovoltaic demonstration program. 

Subtitle B—Geothermal Energy 

Sec. 611. Short title. 

Sec. 612. Definitions. 

Sec. 613. Hydrothermal research and development. 

Sec. 614. General geothermal systems research and development. 

Sec. 615. Enhanced geothermal systems research and development. 

Sec. 616. Geothermal energy production from oil and gas fields and recovery and 

production of geopressured gas resources. 

Sec. 617. Cost sharing and proposal evaluation. 

Sec. 618. Center for geothermal technology transfer. 

Sec. 619. GeoPowering America. 

Sec. 620. Educational pilot program. 

Sec. 621. Reports. 

Sec. 622. Applicability of other laws. 

Sec. 623. Authorization of appropriations. 

Sec. 624. International geothermal energy development. 

Sec. 625. High cost region geothermal energy grant program. 

Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies 

Sec. 631. Short title. 

Sec. 632. Definition. 

Sec. 633. Marine and hydrokinetic renewable energy research and development. 

Sec. 634. National Marine Renewable Energy Research, Development, and Demonstration Centers. 

Sec. 635. Applicability of other laws. 

Sec. 636. Authorization of appropriations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1496 PUBLIC LAW 110–140—DEC. 19, 2007 

Subtitle D—Energy Storage for Transportation and Electric Power 

Sec. 641. Energy storage competitiveness. 

Subtitle E—Miscellaneous Provisions 

Sec. 651. Lightweight materials research and development. 

Sec. 652. Commercial insulation demonstration program. 

Sec. 653. Technical criteria for clean coal power Initiative. 

Sec. 654. H-Prize. 

Sec. 655. Bright Tomorrow Lighting Prizes. 

Sec. 656. Renewable Energy innovation manufacturing partnership. 

TITLE VII—CARBON CAPTURE AND SEQUESTRATION 

Subtitle A—Carbon Capture and Sequestration Research, Development, and 

Demonstration 

Sec. 701. Short title. 

Sec. 702. Carbon capture and sequestration research, development, and demonstration program. 

Sec. 703. Carbon capture. 

Sec. 704. Review of large-scale programs. 

Sec. 705. Geologic sequestration training and research. 

Sec. 706. Relation to Safe Drinking Water Act. 

Sec. 707. Safety research. 

Sec. 708. University based research and development grant program. 

Subtitle B—Carbon Capture and Sequestration Assessment and Framework 

Sec. 711. Carbon dioxide sequestration capacity assessment. 

Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emissions from ecosystems. 

Sec. 713. Carbon dioxide sequestration inventory. 

Sec. 714. Framework for geological carbon sequestration on public land. 

TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY 

Subtitle A—Management Improvements 

Sec. 801. National media campaign. 

Sec. 802. Alaska Natural Gas Pipeline administration. 

Sec. 803. Renewable energy deployment. 

Sec. 804. Coordination of planned refinery outages. 

Sec. 805. Assessment of resources. 

Sec. 806. Sense of Congress relating to the use of renewable resources to generate 

energy. 

Sec. 807. Geothermal assessment, exploration information, and priority activities. 

Subtitle B—Prohibitions on Market Manipulation and False Information 

Sec. 811. Prohibition on market manipulation. 

Sec. 812. Prohibition on false information. 

Sec. 813. Enforcement by the Federal Trade Commission. 

Sec. 814. Penalties. 

Sec. 815. Effect on other laws. 

TITLE IX—INTERNATIONAL ENERGY PROGRAMS 

Sec. 901. Definitions. 

Subtitle A—Assistance to Promote Clean and Efficient Energy Technologies in 

Foreign Countries 

Sec. 911. United States assistance for developing countries. 

Sec. 912. United States exports and outreach programs for India, China, and other 

countries. 

Sec. 913. United States trade missions to encourage private sector trade and investment. 

Sec. 914. Actions by Overseas Private Investment Corporation. 

Sec. 915. Actions by United States Trade and Development Agency. 

Sec. 916. Deployment of international clean and efficient energy technologies and 

investment in global energy markets. 

Sec. 917. United States-Israel energy cooperation. 

Subtitle B—International Clean Energy Foundation 

Sec. 921. Definitions. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1497 

Sec. 922. Establishment and management of Foundation. 

Sec. 923. Duties of Foundation. 

Sec. 924. Annual report. 

Sec. 925. Powers of the Foundation; related provisions. 

Sec. 926. General personnel authorities. 

Sec. 927. Authorization of appropriations. 

Subtitle C—Miscellaneous Provisions 

Sec. 931. Energy diplomacy and security within the Department of State. 

Sec. 932. National Security Council reorganization. 

Sec. 933. Annual national energy security strategy report. 

Sec. 934. Convention on Supplementary Compensation for Nuclear Damage contingent cost allocation. 

Sec. 935. Transparency in extractive industries resource payments. 

TITLE X—GREEN JOBS 

Sec. 1001. Short title. 

Sec. 1002. Energy efficiency and renewable energy worker training program. 

TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE 

Subtitle A—Department of Transportation 

Sec. 1101. Office of Climate Change and Environment. 

Subtitle B—Railroads 

Sec. 1111. Advanced technology locomotive grant pilot program. 

Sec. 1112. Capital grants for class II and class III railroads. 

Subtitle C—Marine Transportation 

Sec. 1121. Short sea transportation initiative. 

Sec. 1122. Short sea shipping eligibility for capital construction fund. 

Sec. 1123. Short sea transportation report. 

Subtitle D—Highways 

Sec. 1131. Increased Federal share for CMAQ projects. 

Sec. 1132. Distribution of rescissions. 

Sec. 1133. Sense of Congress regarding use of complete streets design techniques. 

TITLE XII—SMALL BUSINESS ENERGY PROGRAMS 

Sec. 1201. Express loans for renewable energy and energy efficiency. 

Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient technologies. 

Sec. 1203. Small business energy efficiency. 

Sec. 1204. Larger 504 loan limits to help business develop energy efficient technologies and purchases. 

Sec. 1205. Energy saving debentures. 

Sec. 1206. Investments in energy saving small businesses. 

Sec. 1207. Renewable fuel capital investment company. 

Sec. 1208. Study and report. 

TITLE XIII—SMART GRID 

Sec. 1301. Statement of policy on modernization of electricity grid. 

Sec. 1302. Smart grid system report. 

Sec. 1303. Smart grid advisory committee and smart grid task force. 

Sec. 1304. Smart grid technology research, development, and demonstration. 

Sec. 1305. Smart grid interoperability framework. 

Sec. 1306. Federal matching fund for smart grid investment costs. 

Sec. 1307. State consideration of smart grid. 

Sec. 1308. Study of the effect of private wire laws on the development of combined 

heat and power facilities. 

Sec. 1309. DOE study of security attributes of smart grid systems. 

TITLE XIV—POOL AND SPA SAFETY 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Definitions. 

Sec. 1404. Federal swimming pool and spa drain cover standard. 

Sec. 1405. State swimming pool safety grant program. 

Sec. 1406. Minimum State law requirements. 

Sec. 1407. Education program. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1498 PUBLIC LAW 110–140—DEC. 19, 2007 

Sec. 1408. CPSC report. 

TITLE XV—REVENUE PROVISIONS 

Sec. 1500. Amendment of 1986 Code. 

Sec. 1501. Extension of additional 0.2 percent FUTA surtax. 

Sec. 1502. 7-year amortization of geological and geophysical expenditures for certain major integrated oil companies. 

TITLE XVI—EFFECTIVE DATE 

Sec. 1601. Effective date. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Energy. 

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

SEC. 3. RELATIONSHIP TO OTHER LAW. 

Except to the extent expressly provided in this Act or an amendment made by this Act, nothing in this Act or an amendment 

made by this Act supersedes, limits the authority provided or 

responsibility conferred by, or authorizes any violation of any provision of law (including a regulation), including any energy or environmental law or regulation. 

TITLE I—ENERGY SECURITY THROUGH 

IMPROVED VEHICLE FUEL ECONOMY 

Subtitle A—Increased Corporate Average 

Fuel Economy Standards 

SEC. 101. SHORT TITLE. 

This subtitle may be cited as the ‘‘Ten-in-Ten Fuel Economy 

Act’’. 

SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES 

AND CERTAIN OTHER VEHICLES. 

(a) INCREASED STANDARDS.—Section 32902 of title 49, United 

States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘NON-PASSENGER AUTOMOBILES.—’’ 

and inserting ‘‘PRESCRIPTION OF STANDARDS BY REGULA- TION.—’’; 

(B) by striking ‘‘(except passenger automobiles)’’ in subsection (a); and 

(C) by striking the last sentence; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) STANDARDS FOR AUTOMOBILES AND CERTAIN OTHER

VEHICLES.— 

42 USC 30101 

note. 

Ten-in-Ten Fuel 

Economy Act. 

42 USC 17002. 

42 USC 17001. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1499 

‘‘(1) IN GENERAL.—The Secretary of Transportation, after 

consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe 

separate average fuel economy standards for— 

‘‘(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 

in accordance with this subsection; 

‘‘(B) non-passenger automobiles manufactured by 

manufacturers in each model year beginning with model 

year 2011 in accordance with this subsection; and 

‘‘(C) work trucks and commercial medium-duty or 

heavy-duty on-highway vehicles in accordance with subsection (k). 

‘‘(2) FUEL ECONOMY STANDARDS FOR AUTOMOBILES.— 

‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL

YEARS 2011 THROUGH 2020.—The Secretary shall prescribe 

a separate average fuel economy standard for passenger 

automobiles and a separate average fuel economy standard 

for non-passenger automobiles for each model year beginning with model year 2011 to achieve a combined fuel 

economy average for model year 2020 of at least 35 miles 

per gallon for the total fleet of passenger and non-passenger 

automobiles manufactured for sale in the United States 

for that model year. 

‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL

YEARS 2021 THROUGH 2030.—For model years 2021 through 

2030, the average fuel economy required to be attained 

by each fleet of passenger and non-passenger automobiles 

manufactured for sale in the United States shall be the 

maximum feasible average fuel economy standard for each 

fleet for that model year. 

‘‘(C) PROGRESS TOWARD STANDARD REQUIRED.—In prescribing average fuel economy standards under subparagraph (A), the Secretary shall prescribe annual fuel 

economy standard increases that increase the applicable 

average fuel economy standard ratably beginning with 

model year 2011 and ending with model year 2020. 

‘‘(3) AUTHORITY OF THE SECRETARY.—The Secretary shall— 

‘‘(A) prescribe by regulation separate average fuel 

economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to 

fuel economy and express each standard in the form of 

a mathematical function; and 

‘‘(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more 

than 5, model years. 

‘‘(4) MINIMUM STANDARD.—In addition to any standard prescribed pursuant to paragraph (3), each manufacturer shall 

also meet the minimum standard for domestically manufactured passenger automobiles, which shall be the greater of— 

‘‘(A) 27.5 miles per gallon; or 

‘‘(B) 92 percent of the average fuel economy projected 

by the Secretary for the combined domestic and nondomestic passenger automobile fleets manufactured for sale 

in the United States by all manufacturers in the model 

year, which projection shall be published in the Federal 

Federal Register, 

publication. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1500 PUBLIC LAW 110–140—DEC. 19, 2007 

Register when the standard for that model year is promulgated in accordance with this section.’’; and 

(3) in subsection (c)— 

(A) by striking ‘‘(1) Subject to paragraph (2) of this 

subsection, the’’ and inserting ‘‘The’’; and 

(B) by striking paragraph (2). 

(b) FUEL ECONOMY STANDARD FOR COMMERCIAL MEDIUM-DUTY

AND HEAVY-DUTY ON-HIGHWAY VEHICLES AND WORK TRUCKS.— Section 32902 of title 49, United States Code, is amended by adding 

at the end the following: 

‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-HIGHWAY

VEHICLES AND WORK TRUCKS.— ‘‘(1) STUDY.—Not later than 1 year after the National 

Academy of Sciences publishes the results of its study under 

section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary 

of Transportation, in consultation with the Secretary of Energy 

and the Administrator of the Environmental Protection Agency, 

shall examine the fuel efficiency of commercial medium- and 

heavy-duty on-highway vehicles and work trucks and determine— 

‘‘(A) the appropriate test procedures and methodologies 

for measuring the fuel efficiency of such vehicles and work 

trucks; 

‘‘(B) the appropriate metric for measuring and 

expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, 

taking into consideration, among other things, the work 

performed by such on-highway vehicles and work trucks 

and types of operations in which they are used; 

‘‘(C) the range of factors, including, without limitation, 

design, functionality, use, duty cycle, infrastructure, and 

total overall energy consumption and operating costs that 

affect commercial medium- and heavy-duty on-highway 

vehicle and work truck fuel efficiency; and 

‘‘(D) such other factors and conditions that could have 

an impact on a program to improve commercial mediumand heavy-duty on-highway vehicle and work truck fuel 

efficiency. 

‘‘(2) RULEMAKING.—Not later than 24 months after completion of the study required under paragraph (1), the Secretary, 

in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, by regulation, 

shall determine in a rulemaking proceeding how to implement 

a commercial medium- and heavy-duty on-highway vehicle and 

work truck fuel efficiency improvement program designed to 

achieve the maximum feasible improvement, and shall adopt 

and implement appropriate test methods, measurement 

metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost-effective, and technologically feasible for commercial medium- and heavy-duty onhighway vehicles and work trucks. The Secretary may prescribe 

separate standards for different classes of vehicles under this 

subsection. 

‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The commercial 

medium- and heavy-duty on-highway vehicle and work truck 

fuel economy standard adopted pursuant to this subsection 

shall provide not less than— 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1501 

‘‘(A) 4 full model years of regulatory lead-time; and 

‘‘(B) 3 full model years of regulatory stability.’’. 

SEC. 103. DEFINITIONS. 

(a) IN GENERAL.—Section 32901(a) of title 49, United States 

Code, is amended— 

(1) by striking paragraph (3) and inserting the following: 

‘‘(3) except as provided in section 32908 of this title, ‘automobile’ means a 4-wheeled vehicle that is propelled by fuel, 

or by alternative fuel, manufactured primarily for use on public 

streets, roads, and highways and rated at less than 10,000 

pounds gross vehicle weight, except— 

‘‘(A) a vehicle operated only on a rail line; 

‘‘(B) a vehicle manufactured in different stages by 2 

or more manufacturers, if no intermediate or final-stage 

manufacturer of that vehicle manufactures more than 

10,000 multi-stage vehicles per year; or 

‘‘(C) a work truck.’’; 

(2) by redesignating paragraphs (7) through (16) as paragraphs (8) through (17), respectively; 

(3) by inserting after paragraph (6) the following: 

‘‘(7) ‘commercial medium- and heavy-duty on-highway 

vehicle’ means an on-highway vehicle with a gross vehicle 

weight rating of 10,000 pounds or more.’’; 

(4) in paragraph (9)(A), as redesignated, by inserting ‘‘or 

a mixture of biodiesel and diesel fuel meeting the standard 

established by the American Society for Testing and Materials 

or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) 

for fuel containing 20 percent biodiesel (commonly known as 

‘B20’)’’ after ‘‘alternative fuel’’; 

(5) by redesignating paragraph (17), as redesignated, as 

paragraph (18); 

(6) by inserting after paragraph (16), as redesignated, the 

following: 

‘‘(17) ‘non-passenger automobile’ means an automobile that 

is not a passenger automobile or a work truck.’’; and 

(7) by adding at the end the following: 

‘‘(19) ‘work truck’ means a vehicle that— 

‘‘(A) is rated at between 8,500 and 10,000 pounds gross 

vehicle weight; and 

‘‘(B) is not a medium-duty passenger vehicle (as defined 

in section 86.1803–01 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the 

Ten-in-Ten Fuel Economy Act).’’. 

SEC. 104. CREDIT TRADING PROGRAM. 

(a) IN GENERAL.—Section 32903 of title 49, United States Code, 

is amended— 

(1) by striking ‘‘section 32902(b)–(d) of this title’’ each place 

it appears and inserting ‘‘subsections (a) through (d) of section 

32902’’; 

(2) in subsection (a)(2)— 

(A) by striking ‘‘3 consecutive model years’’ and 

inserting ‘‘5 consecutive model years’’; 

(B) by striking ‘‘clause (1) of this subsection,’’ and 

inserting ‘‘paragraph (1)’’; 

(3) by redesignating subsection (f) as subsection (h); and 

(4) by inserting after subsection (e) the following: 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1502 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(f) CREDIT TRADING AMONG MANUFACTURERS.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation may 

establish, by regulation, a fuel economy credit trading program 

to allow manufacturers whose automobiles exceed the average 

fuel economy standards prescribed under section 32902 to earn 

credits to be sold to manufacturers whose automobiles fail 

to achieve the prescribed standards such that the total oil 

savings associated with manufacturers that exceed the prescribed standards are preserved when trading credits to manufacturers that fail to achieve the prescribed standards. 

‘‘(2) LIMITATION.—The trading of credits by a manufacturer 

to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of 

such automobiles shall comply with the requirements of section 

32902(b)(4), without regard to any trading of credits from other 

manufacturers. 

‘‘(g) CREDIT TRANSFERRING WITHIN A MANUFACTURER’S

FLEET.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

establish by regulation a fuel economy credit transferring program to allow any manufacturer whose automobiles exceed 

any of the average fuel economy standards prescribed under 

section 32902 to transfer the credits earned under this section 

and to apply such credits within that manufacturer’s fleet to 

a compliance category of automobiles that fails to achieve the 

prescribed standards. 

‘‘(2) YEARS FOR WHICH USED.—Credits transferred under 

this subsection are available to be used in the same model 

years that the manufacturer could have applied such credits 

under subsections (a), (b), (d), and (e), as well as for the model 

year in which the manufacturer earned such credits. 

‘‘(3) MAXIMUM INCREASE.—The maximum increase in any 

compliance category attributable to transferred credits is— 

‘‘(A) for model years 2011 through 2013, 1.0 mile per 

gallon; 

‘‘(B) for model years 2014 through 2017, 1.5 miles 

per gallon; and 

‘‘(C) for model year 2018 and subsequent model years, 

2.0 miles per gallon. 

‘‘(4) LIMITATION.—The transfer of credits by a manufacturer 

to the category of passenger automobiles manufactured domestically is limited to the extent that the fuel economy level of 

such automobiles shall comply with the requirements under 

section 32904(b)(4), without regard to any transfer of credits 

from other categories of automobiles described in paragraph 

(6)(B). 

‘‘(5) YEARS AVAILABLE.—A credit may be transferred under 

this subsection only if it is earned after model year 2010. 

‘‘(6) DEFINITIONS.—In this subsection: 

‘‘(A) FLEET.—The term ‘fleet’ means all automobiles 

manufactured by a manufacturer in a particular model 

year. 

‘‘(B) COMPLIANCE CATEGORY OF AUTOMOBILES.—The 

term ‘compliance category of automobiles’ means any of 

the following 3 categories of automobiles for which compliance is separately calculated under this chapter: 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1503 

‘‘(i) Passenger automobiles manufactured domestically. 

‘‘(ii) Passenger automobiles not manufactured 

domestically. 

‘‘(iii) Non-passenger automobiles.’’. 

(b) CONFORMING AMENDMENTS.— (1) LIMITATIONS.—Section 32902(h) of title 49, United 

States Code, is amended— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) may not consider, when prescribing a fuel economy 

standard, the trading, transferring, or availability of credits 

under section 32903.’’. 

(2) SEPARATE CALCULATIONS.—Section 32904(b)(1)(B) is 

amended by striking ‘‘chapter.’’ and inserting ‘‘chapter, except 

for the purposes of section 32903.’’. 

SEC. 105. CONSUMER INFORMATION. 

Section 32908 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(g) CONSUMER INFORMATION.— 

‘‘(1) PROGRAM.—The Secretary of Transportation, in consultation with the Secretary of Energy and the Administrator 

of the Environmental Protection Agency, shall develop and 

implement by rule a program to require manufacturers— 

‘‘(A) to label new automobiles sold in the United States 

with— 

‘‘(i) information reflecting an automobile’s performance on the basis of criteria that the Administrator 

shall develop, not later than 18 months after the date 

of the enactment of the Ten-in-Ten Fuel Economy Act, 

to reflect fuel economy and greenhouse gas and other 

emissions over the useful life of the automobile; 

‘‘(ii) a rating system that would make it easy for 

consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the 

point of purchase, including a designation of automobiles— 

‘‘(I) with the lowest greenhouse gas emissions 

over the useful life of the vehicles; and 

‘‘(II) the highest fuel economy; and 

‘‘(iii) a permanent and prominent display that an 

automobile is capable of operating on an alternative 

fuel; and 

‘‘(B) to include in the owner’s manual for vehicles 

capable of operating on alternative fuels information that 

describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels. 

‘‘(2) CONSUMER EDUCATION.— 

‘‘(A) IN GENERAL.—The Secretary of Transportation, 

in consultation with the Secretary of Energy and the 

Administrator of the Environmental Protection Agency, 

shall develop and implement by rule a consumer education 

program to improve consumer understanding of automobile 

Criteria. 

Deadline. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1504 PUBLIC LAW 110–140—DEC. 19, 2007 

performance described in paragraph (1)(A)(i) and to inform 

consumers of the benefits of using alternative fuel in automobiles and the location of stations with alternative fuel 

capacity. 

‘‘(B) FUEL SAVINGS EDUCATION CAMPAIGN.—The Secretary of Transportation shall establish a consumer education campaign on the fuel savings that would be recognized from the purchase of vehicles equipped with thermal 

management technologies, including energy efficient air 

conditioning systems and glass. 

‘‘(3) FUEL TANK LABELS FOR ALTERNATIVE FUEL AUTOMOBILES.—The Secretary of Transportation shall by rule require 

a label to be attached to the fuel compartment of vehicles 

capable of operating on alternative fuels, with the form of 

alternative fuel stated on the label. A label attached in compliance with the requirements of section 32905(h) is deemed to 

meet the requirements of this paragraph. 

‘‘(4) RULEMAKING DEADLINE.—The Secretary of Transportation shall issue a final rule under this subsection not later 

than 42 months after the date of the enactment of the Tenin-Ten Fuel Economy Act.’’. 

SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS. 

Nothing in this subtitle, or the amendments made by this 

subtitle, shall be construed to affect the application of section 32902 

of title 49, United States Code, to passenger automobiles or nonpassenger automobiles manufactured before model year 2011. 

SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute 

an agreement with the National Academy of Sciences to develop 

a report evaluating vehicle fuel economy standards, including— 

(1) an assessment of automotive technologies and costs 

to reflect developments since the Academy’s 2002 report evaluating the corporate average fuel economy standards was conducted; 

(2) an analysis of existing and potential technologies that 

may be used practically to improve automobile and mediumduty and heavy-duty truck fuel economy; 

(3) an analysis of how such technologies may be practically 

integrated into the automotive and medium-duty and heavyduty truck manufacturing process; and 

(4) an assessment of how such technologies may be used 

to meet the new fuel economy standards under chapter 329 

of title 49, United States Code, as amended by this subtitle. 

(b) REPORT.—The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation 

of the Senate, and the Committee on Energy and Commerce of 

the House of Representatives, with its findings and recommendations not later than 5 years after the date on which the Secretary 

executes the agreement with the Academy. 

(c) QUINQUENNIAL UPDATES.—After submitting the initial 

report, the Academy shall update the report at 5 year intervals 

thereafter through 2025. 

Contracts. 

49 USC 32902 

note. 

49 USC 32902 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1505 

SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY 

AND HEAVY-DUTY TRUCK FUEL ECONOMY. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall execute 

an agreement with the National Academy of Sciences to develop 

a report evaluating medium-duty and heavy-duty truck fuel 

economy standards, including— 

(1) an assessment of technologies and costs to evaluate 

fuel economy for medium-duty and heavy-duty trucks; 

(2) an analysis of existing and potential technologies that 

may be used practically to improve medium-duty and heavyduty truck fuel economy; 

(3) an analysis of how such technologies may be practically 

integrated into the medium-duty and heavy-duty truck manufacturing process; 

(4) an assessment of how such technologies may be used 

to meet fuel economy standards to be prescribed under section 

32902(k) of title 49, United States Code, as amended by this 

subtitle; and 

(5) associated costs and other impacts on the operation 

of medium-duty and heavy-duty trucks, including congestion. 

(b) REPORT.—The Academy shall submit the report to the Secretary, the Committee on Commerce, Science, and Transportation 

of the Senate, and the Committee on Energy and Commerce of 

the House of Representatives, with its findings and recommendations not later than 1 year after the date on which the Secretary 

executes the agreement with the Academy. 

SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM. 

(a) IN GENERAL.—Section 32906 of title 49, United States Code, 

is amended to read as follows: 

‘‘§ 32906. Maximum fuel economy increase for alternative fuel 

automobiles 

‘‘(a) IN GENERAL.—For each of model years 1993 through 2019 

for each category of automobile (except an electric automobile), 

the maximum increase in average fuel economy for a manufacturer 

attributable to dual fueled automobiles is— 

‘‘(1) 1.2 miles a gallon for each of model years 1993 through 

2014; 

‘‘(2) 1.0 miles per gallon for model year 2015; 

‘‘(3) 0.8 miles per gallon for model year 2016; 

‘‘(4) 0.6 miles per gallon for model year 2017; 

‘‘(5) 0.4 miles per gallon for model year 2018; 

‘‘(6) 0.2 miles per gallon for model year 2019; and 

‘‘(7) 0 miles per gallon for model years after 2019. 

‘‘(b) CALCULATION.—In applying subsection (a), the Administrator of the Environmental Protection Agency shall determine the 

increase in a manufacturer’s average fuel economy attributable 

to dual fueled automobiles by subtracting from the manufacturer’s 

average fuel economy calculated under section 32905(e) the number 

equal to what the manufacturer’s average fuel economy would be 

if it were calculated by the formula under section 32904(a)(1) by 

including as the denominator for each model of dual fueled automobiles the fuel economy when the automobiles are operated on 

gasoline or diesel fuel.’’. 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1506 PUBLIC LAW 110–140—DEC. 19, 2007 

(b) CONFORMING AMENDMENTS.—Section 32905 of title 49, 

United States Code, is amended— 

(1) in subsection (b), by striking ‘‘1993–2010,’’ and inserting 

‘‘1993 through 2019,’’; 

(2) in subsection (d), by striking ‘‘1993–2010,’’ and inserting 

‘‘1993 through 2019,’’; 

(3) by striking subsections (f) and (g); and 

(4) by redesignating subsection (h) as subsection (f). 

(c) B20 BIODIESEL FLEXIBLE FUEL CREDIT.—Section 32905(b)(2) 

of title 49, United States Code, is amended to read as follows: 

‘‘(2) .5 divided by the fuel economy— 

‘‘(A) measured under subsection (a) when operating 

the model on alternative fuel; or 

‘‘(B) measured based on the fuel content of B20 when 

operating the model on B20, which is deemed to contain 

0.15 gallon of fuel.’’. 

SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 

LABELING PROCEDURES. 

Beginning in December 2009, and not less often than every 

5 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, 

shall— 

(1) reevaluate the fuel economy labeling procedures 

described in the final rule published in the Federal Register 

on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 

86 and 600) to determine whether changes in the factors used 

to establish the labeling procedures warrant a revision of that 

process; and 

(2) submit a report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Energy 

and Commerce of the House of Representatives that describes 

the results of the reevaluation process. 

SEC. 111. CONSUMER TIRE INFORMATION. 

(a) IN GENERAL.—Chapter 323 of title 49, United States Code, 

is amended by inserting after section 32304 the following: 

‘‘§ 32304A. Consumer tire information 

‘‘(a) RULEMAKING.— 

‘‘(1) IN GENERAL.—Not later than 24 months after the date 

of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 

of Transportation shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires 

designed for use on motor vehicles to educate consumers about 

the effect of tires on automobile fuel efficiency, safety, and 

durability. 

‘‘(2) ITEMS INCLUDED IN RULE.—The rulemaking shall 

include— 

‘‘(A) a national tire fuel efficiency rating system for 

motor vehicle replacement tires to assist consumers in 

making more educated tire purchasing decisions; 

‘‘(B) requirements for providing information to consumers, including information at the point of sale and 

other potential information dissemination methods, 

including the Internet; 

Deadline. 

Reports. 

Effective date. 

Deadlines. 

42 USC 32908 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1507 

‘‘(C) specifications for test methods for manufacturers 

to use in assessing and rating tires to avoid variation 

among test equipment and manufacturers; and 

‘‘(D) a national tire maintenance consumer education 

program including, information on tire inflation pressure, 

alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires. 

‘‘(3) APPLICABILITY.—This section shall apply only to 

replacement tires covered under section 575.104(c) of title 49, 

Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act. 

‘‘(b) CONSULTATION.—The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental 

Protection Agency on the means of conveying tire fuel efficiency 

consumer information. 

‘‘(c) REPORT TO CONGRESS.—The Secretary shall conduct periodic assessments of the rules promulgated under this section to 

determine the utility of such rules to consumers, the level of 

cooperation by industry, and the contribution to national goals 

pertaining to energy consumption. The Secretary shall transmit 

periodic reports detailing the findings of such assessments to the 

Senate Committee on Commerce, Science, and Transportation and 

the House of Representatives Committee on Energy and Commerce. 

‘‘(d) TIRE MARKING.—The Secretary shall not require permanent 

labeling of any kind on a tire for the purpose of tire fuel efficiency 

information. 

‘‘(e) APPLICATION WITH STATE AND LOCAL LAWS AND REGULATIONS.—Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency 

consumer information that was in effect on January 1, 2006. After 

a requirement promulgated under this section is in effect, a State 

or political subdivision thereof may adopt or enforce a law or 

regulation on tire fuel efficiency consumer information enacted or 

promulgated after January 1, 2006, if the requirements of that 

law or regulation are identical to the requirement promulgated 

under this section. Nothing in this section shall be construed to 

preempt a State or political subdivision thereof from regulating 

the fuel efficiency of tires (including establishing testing methods 

for determining compliance with such standards) not otherwise 

preempted under this chapter.’’. 

(b) ENFORCEMENT.—Section 32308 of title 49, United States 

Code, is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) SECTION 32304A.—Any person who fails to comply with 

the national tire fuel efficiency information program under section 

32304A is liable to the United States Government for a civil penalty 

of not more than $50,000 for each violation.’’. 

(c) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 323 of title 49, United States Code, is amended by inserting 

after the item relating to section 32304 the following: 

‘‘32304A. Consumer tire information’’. 

Penalties. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1508 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT. 

Section 32912 of title 49, United States Code, is amended 

by adding at the end the following: 

‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 and each 

fiscal year thereafter, from the total amount deposited in the general 

fund of the Treasury during the preceding fiscal year from fines, 

penalties, and other funds obtained through enforcement actions 

conducted pursuant to this section (including funds obtained under 

consent decrees), the Secretary of the Treasury, subject to the 

availability of appropriations, shall— 

‘‘(1) transfer 50 percent of such total amount to the account 

providing appropriations to the Secretary of Transportation 

for the administration of this chapter, which shall be used 

by the Secretary to support rulemaking under this chapter; 

and 

‘‘(2) transfer 50 percent of such total amount to the account 

providing appropriations to the Secretary of Transportation 

for the administration of this chapter, which shall be used 

by the Secretary to carry out a program to make grants to 

manufacturers for retooling, reequipping, or expanding existing 

manufacturing facilities in the United States to produce 

advanced technology vehicles and components.’’. 

SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT. 

(a) REPEAL.—Paragraphs (6), (7), and (8) of section 32904(b) 

of title 49, United States Code, are repealed. 

(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.—Any exemption granted under section 32904(b)(6) of title 49, United States 

Code, prior to the date of the enactment of this Act shall remain 

in effect subject to its terms through model year 2013. 

(c) ACCRUAL AND USE OF CREDITS.—Any manufacturer holding 

an exemption under section 32904(b)(6) of title 49, United States 

Code, prior to the date of the enactment of this Act may accrue 

and use credits under sections 32903 and 32905 of such title beginning with model year 2011. 

Subtitle B—Improved Vehicle Technology 

SEC. 131. TRANSPORTATION ELECTRIFICATION. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) BATTERY.—The term ‘‘battery’’ means an electrochemical 

energy storage system powered directly by electrical current. 

(3) ELECTRIC TRANSPORTATION TECHNOLOGY.—The term 

‘‘electric transportation technology’’ means— 

(A) technology used in vehicles that use an electric 

motor for all or part of the motive power of the vehicles, 

including battery electric, hybrid electric, plug-in hybrid 

electric, fuel cell, and plug-in fuel cell vehicles, or rail 

transportation; or 

(B) equipment relating to transportation or mobile 

sources of air pollution that use an electric motor to replace 

an internal combustion engine for all or part of the work 

of the equipment, including— 

42 USC 17011. 

49 USC 32904 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1509 

(i) corded electric equipment linked to transportation or mobile sources of air pollution; and 

(ii) electrification technologies at airports, ports, 

truck stops, and material-handling facilities. 

(4) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means 

a vehicle— 

(A) powered— 

(i) by a nonroad engine, as that term is defined 

in section 216 of the Clean Air Act (42 U.S.C. 7550); 

or 

(ii) fully or partially by an electric motor powered 

by a fuel cell, a battery, or an off-board source of 

electricity; and 

(B) that is not a motor vehicle or a vehicle used solely 

for competition. 

(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘‘plugin electric drive vehicle’’ means a vehicle that— 

(A) draws motive power from a battery with a capacity 

of at least 4 kilowatt-hours; 

(B) can be recharged from an external source of electricity for motive power; and 

(C) is a light-, medium-, or heavy-duty motor vehicle 

or nonroad vehicle (as those terms are defined in section 

216 of the Clean Air Act (42 U.S.C. 7550)). 

(6) QUALIFIED ELECTRIC TRANSPORTATION PROJECT.—The 

term ‘‘qualified electric transportation project’’ means an electric 

transportation technology project that would significantly 

reduce emissions of criteria pollutants, greenhouse gas emissions, and petroleum, including— 

(A) shipside or shoreside electrification for vessels; 

(B) truck-stop electrification; 

(C) electric truck refrigeration units; 

(D) battery-powered auxiliary power units for trucks; 

(E) electric airport ground support equipment; 

(F) electric material and cargo handling equipment; 

(G) electric or dual-mode electric rail; 

(H) any distribution upgrades needed to supply electricity to the project; and 

(I) any ancillary infrastructure, including panel 

upgrades, battery chargers, in-situ transformers, and 

trenching. 

(b) PLUG-IN ELECTRIC DRIVE VEHICLE PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a 

competitive program to provide grants on a cost-shared basis 

to State governments, local governments, metropolitan 

transportation authorities, air pollution control districts, private 

or nonprofit entities, or combinations of those governments, 

authorities, districts, and entities, to carry out one or more 

projects to encourage the use of plug-in electric drive vehicles 

or other emerging electric vehicle technologies, as determined 

by the Secretary. 

(2) ADMINISTRATION.—The Secretary shall, in consultation 

with the Secretary of Transportation and the Administrator, 

establish requirements for applications for grants under this 

section, including reporting of data to be summarized for 

dissemination to grantees and the public, including safety, 

Grants. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1510 PUBLIC LAW 110–140—DEC. 19, 2007 

vehicle, and component performance, and vehicle and component life cycle costs. 

(3) PRIORITY.—In making awards under this subsection, 

the Secretary shall— 

(A) give priority consideration to applications that— 

(i) encourage early widespread use of vehicles 

described in paragraph (1); and 

(ii) are likely to make a significant contribution 

to the advancement of the production of the vehicles 

in the United States; and 

(B) ensure, to the maximum extent practicable, that 

the program established under this subsection includes 

a variety of applications, manufacturers, and end-uses. 

(4) REPORTING.—The Secretary shall require a grant 

recipient under this subsection to submit to the Secretary, 

on an annual basis, data relating to safety, vehicle performance, 

life cycle costs, and emissions of vehicles demonstrated under 

the grant, including emissions of greenhouse gases. 

(5) COST SHARING.—Section 988 of the Energy Policy Act 

of 2005 (42 U.S.C. 16352) shall apply to a grant made under 

this subsection. 

(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $90,000,000 

for each of fiscal years 2008 through 2012, of which not less 

than 1⁄3 of the total amount appropriated shall be available 

each fiscal year to make grants to local and municipal governments. 

(c) NEAR-TERM TRANSPORTATION SECTOR ELECTRIFICATION PROGRAM.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary, in consultation with 

the Secretary of Transportation and the Administrator, shall 

establish a program to provide grants for the conduct of qualified electric transportation projects. 

(2) PRIORITY.—In providing grants under this subsection, 

the Secretary shall give priority to large-scale projects and 

large-scale aggregators of projects. 

(3) COST SHARING.—Section 988 of the Energy Policy Act 

of 2005 (42 U.S.C. 16352) shall apply to a grant made under 

this subsection. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $95,000,000 

for each of fiscal years 2008 through 2013. 

(d) EDUCATION PROGRAM.— 

(1) IN GENERAL.—The Secretary shall develop a nationwide 

electric drive transportation technology education program 

under which the Secretary shall provide— 

(A) teaching materials to secondary schools and high 

schools; and 

(B) assistance for programs relating to electric drive 

system and component engineering to institutions of higher 

education. 

(2) ELECTRIC VEHICLE COMPETITION.—The program established under paragraph (1) shall include a plug-in hybrid electric vehicle competition for institutions of higher education, 

which shall be known as the ‘‘Dr. Andrew Frank Plug-In Electric Vehicle Competition’’. 

Applicability. 

Deadline. 

Grants. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1511 

(3) ENGINEERS.—In carrying out the program established 

under paragraph (1), the Secretary shall provide financial 

assistance to institutions of higher education to create new, 

or support existing, degree programs to ensure the availability 

of trained electrical and mechanical engineers with the skills 

necessary for the advancement of— 

(A) plug-in electric drive vehicles; and 

(B) other forms of electric drive transportation technology vehicles. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to 

carry out this subsection. 

SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM. 

Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) 

is amended to read as follows: 

‘‘SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM. 

‘‘(a) PROGRAM.— 

‘‘(1) IN GENERAL.—The Secretary shall establish a program 

to encourage domestic production and sales of efficient hybrid 

and advanced diesel vehicles and components of those vehicles. 

‘‘(2) INCLUSIONS.—The program shall include grants to 

automobile manufacturers and suppliers and hybrid component 

manufacturers to encourage domestic production of efficient 

hybrid, plug-in electric hybrid, plug-in electric drive, and 

advanced diesel vehicles. 

‘‘(3) PRIORITY.—Priority shall be given to the refurbishment 

or retooling of manufacturing facilities that have recently 

ceased operation or will cease operation in the near future. 

‘‘(b) COORDINATION WITH STATE AND LOCAL PROGRAMS.—The 

Secretary may coordinate implementation of this section with State 

and local programs designed to accomplish similar goals, including 

the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such sums as may be necessary 

to carry out this section.’’. 

SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT 

OF 1992. 

Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) 

is amended— 

(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; 

(2) by inserting before subsection (b) the following: 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) FUEL CELL ELECTRIC VEHICLE.—The term ‘fuel cell 

electric vehicle’ means an on-road or non-road vehicle that 

uses a fuel cell (as defined in section 803 of the Spark M. 

Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)). 

‘‘(2) HYBRID ELECTRIC VEHICLE.—The term ‘hybrid electric 

vehicle’ means a new qualified hybrid motor vehicle (as defined 

in section 30B(d)(3) of the Internal Revenue Code of 1986). 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1512 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(3) MEDIUM- OR HEAVY-DUTY ELECTRIC VEHICLE.—The term 

‘medium- or heavy-duty electric vehicle’ means an electric, 

hybrid electric, or plug-in hybrid electric vehicle with a gross 

vehicle weight of more than 8,501 pounds. 

‘‘(4) NEIGHBORHOOD ELECTRIC VEHICLE.—The term 

‘neighborhood electric vehicle’ means a 4-wheeled on-road or 

nonroad vehicle that— 

‘‘(A) has a top attainable speed in 1 mile of more 

than 20 mph and not more than 25 mph on a paved 

level surface; and 

‘‘(B) is propelled by an electric motor and on-board, 

rechargeable energy storage system that is rechargeable 

using an off-board source of electricity. 

‘‘(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘plugin electric drive vehicle’ means a vehicle that— 

‘‘(A) draws motive power from a battery with a capacity 

of at least 4 kilowatt-hours; 

‘‘(B) can be recharged from an external source of electricity for motive power; and 

‘‘(C) is a light-, medium-, or heavy duty motor vehicle 

or nonroad vehicle (as those terms are defined in section 

216 of the Clean Air Act (42 U.S.C. 7550)).’’; 

(3) in subsection (b) (as redesignated by paragraph (1))— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) ALLOCATION.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) ELECTRIC VEHICLES.—Not later than January 31, 2009, 

the Secretary shall— 

‘‘(A) allocate credit in an amount to be determined 

by the Secretary for— 

‘‘(i) acquisition of— 

‘‘(I) a hybrid electric vehicle; 

‘‘(II) a plug-in electric drive vehicle; 

‘‘(III) a fuel cell electric vehicle; 

‘‘(IV) a neighborhood electric vehicle; or 

‘‘(V) a medium- or heavy-duty electric vehicle; 

and 

‘‘(ii) investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the 

Secretary; and 

‘‘(B) allocate more than 1, but not to exceed 5, credits 

for investment in an emerging technology relating to any 

vehicle described in subparagraph (A) to encourage— 

‘‘(i) a reduction in petroleum demand; 

‘‘(ii) technological advancement; and 

‘‘(iii) a reduction in vehicle emissions.’’; 

(4) in subsection (c) (as redesignated by paragraph (1)), 

by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; and 

(5) by adding at the end the following: 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section for each of fiscal years 2008 through 2013.’’. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1513 

SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE 

PARTS MANUFACTURERS. 

(a) IN GENERAL.—Section 712(a)(2) of the Energy Policy Act 

of 2005 (42 U.S.C. 16062(a)(2)) (as amended by section 132) is 

amended by inserting ‘‘and loan guarantees under section 1703’’ 

after ‘‘grants’’. 

(b) CONFORMING AMENDMENT.—Section 1703(b) of the Energy 

Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by striking 

paragraph (8) and inserting the following: 

‘‘(8) Production facilities for the manufacture of fuel efficient vehicles or parts of those vehicles, including electric drive 

vehicles and advanced diesel vehicles.’’. 

SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program to provide guarantees of loans by private institutions 

for the construction of facilities for the manufacture of advanced 

vehicle batteries and battery systems that are developed and produced in the United States, including advanced lithium ion batteries 

and hybrid electrical system and component manufacturers and 

software designers. 

(b) REQUIREMENTS.—The Secretary may provide a loan guarantee under subsection (a) to an applicant if— 

(1) without a loan guarantee, credit is not available to 

the applicant under reasonable terms or conditions sufficient 

to finance the construction of a facility described in subsection 

(a); 

(2) the prospective earning power of the applicant and 

the character and value of the security pledged provide a 

reasonable assurance of repayment of the loan to be guaranteed 

in accordance with the terms of the loan; and 

(3) the loan bears interest at a rate determined by the 

Secretary to be reasonable, taking into account the current 

average yield on outstanding obligations of the United States 

with remaining periods of maturity comparable to the maturity 

of the loan. 

(c) CRITERIA.—In selecting recipients of loan guarantees from 

among applicants, the Secretary shall give preference to proposals 

that— 

(1) meet all applicable Federal and State permitting 

requirements; 

(2) are most likely to be successful; and 

(3) are located in local markets that have the greatest 

need for the facility. 

(d) MATURITY.—A loan guaranteed under subsection (a) shall 

have a maturity of not more than 20 years. 

(e) TERMS AND CONDITIONS.—The loan agreement for a loan 

guaranteed under subsection (a) shall provide that no provision 

of the loan agreement may be amended or waived without the 

consent of the Secretary. 

(f) ASSURANCE OF REPAYMENT.—The Secretary shall require 

that an applicant for a loan guarantee under subsection (a) provide 

an assurance of repayment in the form of a performance bond, 

insurance, collateral, or other means acceptable to the Secretary 

in an amount equal to not less than 20 percent of the amount 

of the loan. 

42 USC 17012. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1514 PUBLIC LAW 110–140—DEC. 19, 2007 

(g) GUARANTEE FEE.—The recipient of a loan guarantee under 

subsection (a) shall pay the Secretary an amount determined by 

the Secretary to be sufficient to cover the administrative costs 

of the Secretary relating to the loan guarantee. 

(h) FULL FAITH AND CREDIT.—The full faith and credit of the 

United States is pledged to the payment of all guarantees made 

under this section. Any such guarantee made by the Secretary 

shall be conclusive evidence of the eligibility of the loan for the 

guarantee with respect to principal and interest. The validity of 

the guarantee shall be incontestable in the hands of a holder 

of the guaranteed loan. 

(i) REPORTS.—Until each guaranteed loan under this section 

has been repaid in full, the Secretary shall annually submit to 

Congress a report on the activities of the Secretary under this 

section. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

(k) TERMINATION OF AUTHORITY.—The authority of the Secretary to issue a loan guarantee under subsection (a) terminates 

on the date that is 10 years after the date of enactment of this 

Act. 

SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 

INCENTIVE PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ADVANCED TECHNOLOGY VEHICLE.—The term ‘‘advanced 

technology vehicle’’ means a light duty vehicle that meets— 

(A) the Bin 5 Tier II emission standard established 

in regulations issued by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean 

Air Act (42 U.S.C. 7521(i)), or a lower-numbered Bin emission standard; 

(B) any new emission standard in effect for fine particulate matter prescribed by the Administrator under that 

Act (42 U.S.C. 7401 et seq.); and 

(C) at least 125 percent of the average base year combined fuel economy for vehicles with substantially similar 

attributes. 

(2) COMBINED FUEL ECONOMY.—The term ‘‘combined fuel 

economy’’ means— 

(A) the combined city/highway miles per gallon values, 

as reported in accordance with section 32904 of title 49, 

United States Code; and 

(B) in the case of an electric drive vehicle with the 

ability to recharge from an off-board source, the reported 

mileage, as determined in a manner consistent with the 

Society of Automotive Engineers recommended practice for 

that configuration or a similar practice recommended by 

the Secretary. 

(3) ENGINEERING INTEGRATION COSTS.—The term 

‘‘engineering integration costs’’ includes the cost of engineering 

tasks relating to— 

(A) incorporating qualifying components into the design 

of advanced technology vehicles; and 

42 USC 17013. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1515 

(B) designing tooling and equipment and developing 

manufacturing processes and material suppliers for production facilities that produce qualifying components or 

advanced technology vehicles. 

(4) QUALIFYING COMPONENTS.—The term ‘‘qualifying components’’ means components that the Secretary determines to 

be— 

(A) designed for advanced technology vehicles; and 

(B) installed for the purpose of meeting the performance requirements of advanced technology vehicles. 

(b) ADVANCED VEHICLES MANUFACTURING FACILITY.—The Secretary shall provide facility funding awards under this section to 

automobile manufacturers and component suppliers to pay not more 

than 30 percent of the cost of— 

(1) reequipping, expanding, or establishing a manufacturing facility in the United States to produce— 

(A) qualifying advanced technology vehicles; or 

(B) qualifying components; and 

(2) engineering integration performed in the United States 

of qualifying vehicles and qualifying components. 

(c) PERIOD OF AVAILABILITY.—An award under subsection (b) 

shall apply to— 

(1) facilities and equipment placed in service before 

December 30, 2020; and 

(2) engineering integration costs incurred during the period 

beginning on the date of enactment of this Act and ending 

on December 30, 2020. 

(d) DIRECT LOAN PROGRAM.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, and subject to the availability of 

appropriated funds, the Secretary shall carry out a program 

to provide a total of not more than $25,000,000,000 in loans 

to eligible individuals and entities (as determined by the Secretary) for the costs of activities described in subsection (b). 

(2) APPLICATION.—An applicant for a loan under this subsection shall submit to the Secretary an application at such 

time, in such manner, and containing such information as 

the Secretary may require, including a written assurance that— 

(A) all laborers and mechanics employed by contractors 

or subcontractors during construction, alteration, or repair 

that is financed, in whole or in part, by a loan under 

this section shall be paid wages at rates not less than 

those prevailing on similar construction in the locality, 

as determined by the Secretary of Labor in accordance 

with sections 3141–3144, 3146, and 3147 of title 40, United 

States Code; and 

(B) the Secretary of Labor shall, with respect to the 

labor standards described in this paragraph, have the 

authority and functions set forth in Reorganization Plan 

Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 

of title 40, United States Code. 

(3) SELECTION OF ELIGIBLE PROJECTS.—The Secretary shall 

select eligible projects to receive loans under this subsection 

in cases in which, as determined by the Secretary, the award 

recipient— 

(A) is financially viable without the receipt of additional Federal funding associated with the proposed project; 

Deadline. 

Applicability. 

Awards. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1516 PUBLIC LAW 110–140—DEC. 19, 2007 

(B) will provide sufficient information to the Secretary 

for the Secretary to ensure that the qualified investment 

is expended efficiently and effectively; and 

(C) has met such other criteria as may be established 

and published by the Secretary. 

(4) RATES, TERMS, AND REPAYMENT OF LOANS.—A loan provided under this subsection— 

(A) shall have an interest rate that, as of the date 

on which the loan is made, is equal to the cost of funds 

to the Department of the Treasury for obligations of comparable maturity; 

(B) shall have a term equal to the lesser of— 

(i) the projected life, in years, of the eligible project 

to be carried out using funds from the loan, as determined by the Secretary; and 

(ii) 25 years; 

(C) may be subject to a deferral in repayment for 

not more than 5 years after the date on which the eligible 

project carried out using funds from the loan first begins 

operations, as determined by the Secretary; and 

(D) shall be made by the Federal Financing Bank. 

(e) IMPROVEMENT.—The Secretary shall issue regulations that 

require that, in order for an automobile manufacturer to be eligible 

for an award or loan under this section during a particular year, 

the adjusted average fuel economy of the manufacturer for light 

duty vehicles produced by the manufacturer during the most recent 

year for which data are available shall be not less than the average 

fuel economy for all light duty vehicles of the manufacturer for 

model year 2005. In order to determine fuel economy baselines 

for eligibility of a new manufacturer or a manufacturer that has 

not produced previously produced equivalent vehicles, the Secretary 

may substitute industry averages. 

(f) FEES.—Administrative costs shall be no more than $100,000 

or 10 basis point of the loan. 

(g) PRIORITY.—The Secretary shall, in making awards or loans 

to those manufacturers that have existing facilities, give priority 

to those facilities that are oldest or have been in existence for 

at least 20 years. Such facilities can currently be sitting idle. 

(h) SET ASIDE FOR SMALL AUTOMOBILE MANUFACTURERS AND

COMPONENT SUPPLIERS.— 

(1) DEFINITION OF COVERED FIRM.—In this subsection, the 

term ‘‘covered firm’’ means a firm that— 

(A) employs less than 500 individuals; and 

(B) manufactures automobiles or components of automobiles. 

(2) SET ASIDE.—Of the amount of funds that are used 

to provide awards for each fiscal year under subsection (b), 

the Secretary shall use not less than 10 percent to provide 

awards to covered firms or consortia led by a covered firm. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section for each of fiscal years 2008 through 2012. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1517 

Subtitle C—Federal Vehicle Fleets 

SEC. 141. FEDERAL VEHICLE FLEETS. 

Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) 

is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) FEDERAL AGENCY.—The term ‘Federal agency’ does 

not include any office of the legislative branch, except that 

it does include the House of Representatives with respect 

to an acquisition described in paragraph (2)(C). 

‘‘(B) MEDIUM DUTY PASSENGER VEHICLE.—The term 

‘medium duty passenger vehicle’ has the meaning given 

that term section 523.2 of title 49 of the Code of Federal 

Regulations, as in effect on the date of enactment of this 

paragraph. 

‘‘(C) MEMBER’S REPRESENTATIONAL ALLOWANCE.—The 

term ‘Member’s Representational Allowance’ means the 

allowance described in section 101(a) of the House of Representatives Administrative Reform Technical Corrections 

Act (2 U.S.C. 57b(a)). 

‘‘(2) PROHIBITION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), no Federal agency shall acquire a light duty motor 

vehicle or medium duty passenger vehicle that is not a 

low greenhouse gas emitting vehicle. 

‘‘(B) EXCEPTION.—The prohibition in subparagraph (A) 

shall not apply to acquisition of a vehicle if the head 

of the agency certifies in writing, in a separate certification 

for each individual vehicle purchased, either— 

‘‘(i) that no low greenhouse gas emitting vehicle 

is available to meet the functional needs of the agency 

and details in writing the functional needs that could 

not be met with a low greenhouse gas emitting vehicle; 

or 

‘‘(ii) that the agency has taken specific alternative 

more cost-effective measures to reduce petroleum 

consumption that— 

‘‘(I) have reduced a measured and verified 

quantity of greenhouse gas emissions equal to or 

greater than the quantity of greenhouse gas reductions that would have been achieved through 

acquisition of a low greenhouse gas emitting 

vehicle over the lifetime of the vehicle; or 

‘‘(II) will reduce each year a measured and 

verified quantity of greenhouse gas emissions 

equal to or greater than the quantity of greenhouse 

gas reductions that would have been achieved each 

year through acquisition of a low greenhouse gas 

emitting vehicle. 

‘‘(C) SPECIAL RULE FOR VEHICLES PROVIDED BY FUNDS

CONTAINED IN MEMBERS’ REPRESENTATIONAL ALLOWANCE.— 

This paragraph shall apply to the acquisition of a light 

Applicability. 

Certification. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1518 PUBLIC LAW 110–140—DEC. 19, 2007 

duty motor vehicle or medium duty passenger vehicle using 

any portion of a Member’s Representational Allowance, 

including an acquisition under a long-term lease. 

‘‘(3) GUIDANCE.— ‘‘(A) IN GENERAL.—Each year, the Administrator of 

the Environmental Protection Agency shall issue guidance 

identifying the makes and model numbers of vehicles that 

are low greenhouse gas emitting vehicles. 

‘‘(B) CONSIDERATION.—In identifying vehicles under 

subparagraph (A), the Administrator shall take into 

account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against 

motor vehicle manufacturers for vehicles sold anywhere 

in the United States. 

‘‘(C) REQUIREMENT.—The Administrator shall not identify any vehicle as a low greenhouse gas emitting vehicle 

if the vehicle emits greenhouse gases at a higher rate 

than such standards allow for the manufacturer’s fleet 

average grams per mile of carbon dioxide-equivalent emissions for that class of vehicle, taking into account any 

emissions allowances and adjustment factors such standards provide.’’. 

SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS. 

Part J of title III of the Energy Policy and Conservation Act 

(42 U.S.C. 6374 et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS. 

‘‘(a) MANDATORY REDUCTION IN PETROLEUM CONSUMPTION.— 

‘‘(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this section, the Secretary shall issue regulations for Federal fleets subject to section 400AA to require 

that, beginning in fiscal year 2010, each Federal agency shall 

reduce petroleum consumption and increase alternative fuel 

consumption each year by an amount necessary to meet the 

goals described in paragraph (2). 

‘‘(2) GOALS.—The goals of the requirements under paragraph (1) are that not later than October 1, 2015, and for 

each year thereafter, each Federal agency shall achieve at 

least a 20 percent reduction in annual petroleum consumption 

and a 10 percent increase in annual alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year 2005. 

‘‘(3) MILESTONES.—The Secretary shall include in the regulations described in paragraph (1)— 

‘‘(A) interim numeric milestones to assess annual 

agency progress towards accomplishing the goals described 

in that paragraph; and 

‘‘(B) a requirement that agencies annually report on 

progress towards meeting each of the milestones and the 

2015 goals. 

‘‘(b) PLAN.— 

‘‘(1) REQUIREMENT.— 

‘‘(A) IN GENERAL.—The regulations under subsection 

(a) shall require each Federal agency to develop a plan, 

and implement the measures specified in the plan by dates 

Deadline. 

Deadline. 

Regulations. 

42 USC 6374e. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1519 

specified in the plan, to meet the required petroleum reduction levels and the alternative fuel consumption increases, 

including the milestones specified by the Secretary. 

‘‘(B) INCLUSIONS.—The plan shall— 

‘‘(i) identify the specific measures the agency will 

use to meet the requirements of subsection (a)(2); and 

‘‘(ii) quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year. 

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

the required petroleum reduction level through— 

‘‘(A) the use of alternative fuels; 

‘‘(B) 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; 

‘‘(C) the substitution of cars for light trucks; 

‘‘(D) an increase in vehicle load factors; 

‘‘(E) a decrease in vehicle miles traveled; 

‘‘(F) a decrease in fleet size; and 

‘‘(G) other measures.’’. 

TITLE II—ENERGY SECURITY THROUGH 

INCREASED PRODUCTION OF BIOFUELS 

Subtitle A—Renewable Fuel Standard 

SEC. 201. DEFINITIONS. 

Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is 

amended to read as follows: 

‘‘(1) DEFINITIONS.—In this section: 

‘‘(A) ADDITIONAL RENEWABLE FUEL.—The term ‘additional renewable fuel’ means fuel that is produced from 

renewable biomass and that is used to replace or reduce 

the quantity of fossil fuel present in home heating oil 

or jet fuel. 

‘‘(B) ADVANCED BIOFUEL.— 

‘‘(i) IN GENERAL.—The term ‘advanced biofuel’ 

means renewable fuel, other than ethanol derived from 

corn starch, that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice 

and opportunity for comment, that are at least 50 

percent less than baseline lifecycle greenhouse gas 

emissions. 

‘‘(ii) INCLUSIONS.—The types of fuels eligible for 

consideration as ‘advanced biofuel’ may include any 

of the following: 

‘‘(I) Ethanol derived from cellulose, hemicellulose, or lignin. 

‘‘(II) Ethanol derived from sugar or starch 

(other than corn starch). 

‘‘(III) Ethanol derived from waste material, 

including crop residue, other vegetative waste 

material, animal waste, and food waste and yard 

waste. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1520 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(IV) Biomass-based diesel. 

‘‘(V) Biogas (including landfill gas and sewage 

waste treatment gas) produced through the conversion of organic matter from renewable biomass. 

‘‘(VI) Butanol or other alcohols produced 

through the conversion of organic matter from 

renewable biomass. 

‘‘(VII) Other fuel derived from cellulosic biomass. 

‘‘(C) BASELINE LIFECYCLE GREENHOUSE GAS EMISSIONS.—The term ‘baseline lifecycle greenhouse gas emissions’ means the average lifecycle greenhouse gas emissions, as determined by the Administrator, after notice 

and opportunity for comment, for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005. 

‘‘(D) BIOMASS-BASED DIESEL.—The term ‘biomass-based 

diesel’ means renewable fuel that is biodiesel as defined 

in section 312(f) of the Energy Policy Act of 1992 (42 

U.S.C. 13220(f)) and that has lifecycle greenhouse gas emissions, as determined by the Administrator, after notice 

and opportunity for comment, that are at least 50 percent 

less than the baseline lifecycle greenhouse gas emissions. 

Notwithstanding the preceding sentence, renewable fuel 

derived from co-processing biomass with a petroleum feedstock shall be advanced biofuel if it meets the requirements 

of subparagraph (B), but is not biomass-based diesel. 

‘‘(E) CELLULOSIC BIOFUEL.—The term ‘cellulosic biofuel’ 

means renewable fuel derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass 

and that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent 

less than the baseline lifecycle greenhouse gas emissions. 

‘‘(F) CONVENTIONAL BIOFUEL.—The term ‘conventional 

biofuel’ means renewable fuel that is ethanol derived from 

corn starch. 

‘‘(G) GREENHOUSE GAS.—The term ‘greenhouse gas’ 

means carbon dioxide, hydrofluorocarbons, methane, 

nitrous oxide, perfluorocarbons, sulfur hexafluoride. The 

Administrator may include any other anthropogenicallyemitted gas that is determined by the Administrator, after 

notice and comment, to contribute to global warming. 

‘‘(H) LIFECYCLE GREENHOUSE GAS EMISSIONS.—The 

term ‘lifecycle greenhouse gas emissions’ means the aggregate quantity of greenhouse gas emissions (including direct 

emissions and significant indirect emissions such as significant emissions from land use changes), as determined by 

the Administrator, related to the full fuel lifecycle, 

including all stages of fuel and feedstock production and 

distribution, from feedstock generation or extraction 

through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values 

for all greenhouse gases are adjusted to account for their 

relative global warming potential. 

‘‘(I) RENEWABLE BIOMASS.—The term ‘renewable biomass’ means each of the following: 

Notice. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1521 

‘‘(i) Planted crops and crop residue harvested from 

agricultural land cleared or cultivated at any time 

prior to the enactment of this sentence that is either 

actively managed or fallow, and nonforested. 

‘‘(ii) Planted trees and tree residue from actively 

managed tree plantations on non-federal land cleared 

at any time prior to enactment of this sentence, 

including land belonging to an Indian tribe or an 

Indian individual, that is held in trust by the United 

States or subject to a restriction against alienation 

imposed by the United States. 

‘‘(iii) Animal waste material and animal 

byproducts. 

‘‘(iv) Slash and pre-commercial thinnings that are 

from non-federal forestlands, including forestlands 

belonging to an Indian tribe or an Indian individual, 

that are held in trust by the United States or subject 

to a restriction against alienation imposed by the 

United States, but not forests or forestlands that are 

ecological communities with a global or State ranking 

of critically imperiled, imperiled, or rare pursuant to 

a State Natural Heritage Program, old growth forest, 

or late successional forest. 

‘‘(v) Biomass obtained from the immediate vicinity 

of buildings and other areas regularly occupied by 

people, or of public infrastructure, at risk from wildfire. 

‘‘(vi) Algae. 

‘‘(vii) Separated yard waste or food waste, 

including recycled cooking and trap grease. 

‘‘(J) RENEWABLE FUEL.—The term ‘renewable fuel’ 

means fuel that is produced from renewable biomass and 

that is used to replace or reduce the quantity of fossil 

fuel present in a transportation fuel. 

‘‘(K) SMALL REFINERY.—The term ‘small refinery’ 

means a refinery for which the average aggregate daily 

crude oil throughput for a calendar year (as determined 

by dividing the aggregate throughput for the calendar year 

by the number of days in the calendar year) does not 

exceed 75,000 barrels. 

‘‘(L) TRANSPORTATION FUEL.—The term ‘transportation 

fuel’ means fuel for use in motor vehicles, motor vehicle 

engines, nonroad vehicles, or nonroad engines (except for 

ocean-going vessels).’’. 

SEC. 202. RENEWABLE FUEL STANDARD. 

(a) RENEWABLE FUEL PROGRAM.—Paragraph (2) of section 

211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended 

as follows: 

(1) REGULATIONS.—Clause (i) of subparagraph (A) is 

amended by adding the following at the end thereof: ‘‘Not 

later than 1 year after the date of enactment of this sentence, 

the Administrator shall revise the regulations under this paragraph to ensure that transportation fuel sold or introduced 

into commerce in the United States (except in noncontiguous 

States or territories), on an annual average basis, contains 

at least the applicable volume of renewable fuel, advanced 

biofuel, cellulosic biofuel, and biomass-based diesel, determined 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1522 PUBLIC LAW 110–140—DEC. 19, 2007 

in accordance with subparagraph (B) and, in the case of any 

such renewable fuel produced from new facilities that commence 

construction after the date of enactment of this sentence, 

achieves at least a 20 percent reduction in lifecycle greenhouse 

gas emissions compared to baseline lifecycle greenhouse gas 

emissions.’’. 

(2) APPLICABLE VOLUMES OF RENEWABLE FUEL.—Subparagraph (B) is amended to read as follows: 

‘‘(B) APPLICABLE VOLUMES.— 

‘‘(i) CALENDAR YEARS AFTER 2005.— 

‘‘(I) RENEWABLE FUEL.—For the purpose of 

subparagraph (A), the applicable volume of renewable fuel for the calendar years 2006 through 2022 

shall be determined in accordance with the following table: 

Applicable 

volume of 

renewable 

fuel 

‘‘Calendar year: (in billions of 

gallons): 

2006 .............................................................................. 4.0 

2007 .............................................................................. 4.7 

2008 .............................................................................. 9.0 

2009 .............................................................................. 11.1 

2010 .............................................................................. 12.95 

2011 .............................................................................. 13.95 

2012 .............................................................................. 15.2 

2013 .............................................................................. 16.55 

2014 .............................................................................. 18.15 

2015 .............................................................................. 20.5 

2016 .............................................................................. 22.25 

2017 .............................................................................. 24.0 

2018 .............................................................................. 26.0 

2019 .............................................................................. 28.0 

2020 .............................................................................. 30.0 

2021 .............................................................................. 33.0 

2022 .............................................................................. 36.0 

‘‘(II) ADVANCED BIOFUEL.—For the purpose of 

subparagraph (A), of the volume of renewable fuel 

required under subclause (I), the applicable volume 

of advanced biofuel for the calendar years 2009 

through 2022 shall be determined in accordance 

with the following table: 

Applicable 

volume of 

advanced 

biofuel 

‘‘Calendar year: (in billions of 

gallons): 

2009 .............................................................................. 0.6 

2010 .............................................................................. 0.95 

2011 .............................................................................. 1.35 

2012 .............................................................................. 2.0 

2013 .............................................................................. 2.75 

2014 .............................................................................. 3.75 

2015 .............................................................................. 5.5 

2016 .............................................................................. 7.25 

2017 .............................................................................. 9.0 

2018 .............................................................................. 11.0 

2019 .............................................................................. 13.0 

2020 .............................................................................. 15.0 

2021 .............................................................................. 18.0 

2022 .............................................................................. 21.0 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1523 

‘‘(III) CELLULOSIC BIOFUEL.—For the purpose 

of subparagraph (A), of the volume of advanced 

biofuel required under subclause (II), the 

applicable volume of cellulosic biofuel for the calendar years 2010 through 2022 shall be determined in accordance with the following table: 

Applicable 

volume of 

cellulosic 

biofuel 

‘‘Calendar year: (in billions of 

gallons): 

2010 .............................................................................. 0.1 

2011 .............................................................................. 0.25 

2012 .............................................................................. 0.5 

2013 .............................................................................. 1.0 

2014 .............................................................................. 1.75 

2015 .............................................................................. 3.0 

2016 .............................................................................. 4.25 

2017 .............................................................................. 5.5 

2018 .............................................................................. 7.0 

2019 .............................................................................. 8.5 

2020 .............................................................................. 10.5 

2021 .............................................................................. 13.5 

2022 .............................................................................. 16.0 

‘‘(IV) BIOMASS-BASED DIESEL.—For the purpose 

of subparagraph (A), of the volume of advanced 

biofuel required under subclause (II), the 

applicable volume of biomass-based diesel for the 

calendar years 2009 through 2012 shall be determined in accordance with the following table: 

Applicable 

volume of 

biomassbased diesel 

‘‘Calendar year: (in billions of 

gallons): 

2009 .............................................................................. 0.5 

2010 .............................................................................. 0.65 

2011 .............................................................................. 0.80 

2012 .............................................................................. 1.0 

‘‘(ii) OTHER CALENDAR YEARS.—For the purposes 

of subparagraph (A), the applicable volumes of each 

fuel specified in the tables in clause (i) for calendar 

years after the calendar years specified in the tables 

shall be determined by the Administrator, in coordination with the Secretary of Energy and the Secretary 

of Agriculture, based on a review of the implementation 

of the program during calendar years specified in the 

tables, and an analysis of— 

‘‘(I) the impact of the production and use of 

renewable fuels on the environment, including on 

air quality, climate change, conversion of wetlands, 

ecosystems, wildlife habitat, water quality, and 

water supply; 

‘‘(II) the impact of renewable fuels on the 

energy security of the United States; 

‘‘(III) the expected annual rate of future 

commercial production of renewable fuels, 

including advanced biofuels in each category (cellulosic biofuel and biomass-based diesel); 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1524 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(IV) the impact of renewable fuels on the 

infrastructure of the United States, including 

deliverability of materials, goods, and products 

other than renewable fuel, and the sufficiency of 

infrastructure to deliver and use renewable fuel; 

‘‘(V) the impact of the use of renewable fuels 

on the cost to consumers of transportation fuel 

and on the cost to transport goods; and 

‘‘(VI) the impact of the use of renewable fuels 

on other factors, including job creation, the price 

and supply of agricultural commodities, rural economic development, and food prices. 

The Administrator shall promulgate rules establishing 

the applicable volumes under this clause no later than 

14 months before the first year for which such 

applicable volume will apply. 

‘‘(iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL.— 

For the purpose of making the determinations in clause 

(ii), for each calendar year, the applicable volume of 

advanced biofuel shall be at least the same percentage 

of the applicable volume of renewable fuel as in calendar year 2022. 

‘‘(iv) APPLICABLE VOLUME OF CELLULOSIC

BIOFUEL.—For the purpose of making the determinations in clause (ii), for each calendar year, the 

applicable volume of cellulosic biofuel established by 

the Administrator shall be based on the assumption 

that the Administrator will not need to issue a waiver 

for such years under paragraph (7)(D). 

‘‘(v) MINIMUM APPLICABLE VOLUME OF BIOMASSBASED DIESEL.—For the purpose of making the determinations in clause (ii), the applicable volume of biomass-based diesel shall not be less than the applicable 

volume listed in clause (i)(IV) for calendar year 2012.’’. 

(b) APPLICABLE PERCENTAGES.—Paragraph (3) of section 211(o) 

of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: 

(1) In subparagraph (A), by striking ‘‘2011’’ and inserting 

‘‘2021’’. 

(2) In subparagraph (A), by striking ‘‘gasoline’’ and 

inserting ‘‘transportation fuel, biomass-based diesel, and cellulosic biofuel’’. 

(3) In subparagraph (B), by striking ‘‘2012’’ and inserting 

‘‘2021’’ in clause (i). 

(4) In subparagraph (B), by striking ‘‘gasoline’’ and 

inserting ‘‘transportation fuel’’ in clause (ii)(II). 

(c) MODIFICATION OF GREENHOUSE GAS PERCENTAGES.—Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) 

is amended to read as follows: 

‘‘(4) MODIFICATION OF GREENHOUSE GAS REDUCTION

PERCENTAGES.— 

‘‘(A) IN GENERAL.—The Administrator may, in the regulations under the last sentence of paragraph (2)(A)(i), adjust 

the 20 percent, 50 percent, and 60 percent reductions in 

lifecycle greenhouse gas emissions specified in paragraphs 

(2)(A)(i) (relating to renewable fuel), (1)(D) (relating to biomass-based diesel), (1)(B)(i) (relating to advanced biofuel), 

Regulations. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1525 

and (1)(E) (relating to cellulosic biofuel) to a lower percentage. For the 50 and 60 percent reductions, the Administrator may make such an adjustment only if he determines 

that generally such reduction is not commercially feasible 

for fuels made using a variety of feedstocks, technologies, 

and processes to meet the applicable reduction. 

‘‘(B) AMOUNT OF ADJUSTMENT.—In promulgating regulations under this paragraph, the specified 50 percent 

reduction in greenhouse gas emissions from advanced 

biofuel and in biomass-based diesel may not be reduced 

below 40 percent. The specified 20 percent reduction in 

greenhouse gas emissions from renewable fuel may not 

be reduced below 10 percent, and the specified 60 percent 

reduction in greenhouse gas emissions from cellulosic 

biofuel may not be reduced below 50 percent. 

‘‘(C) ADJUSTED REDUCTION LEVELS.—An adjustment 

under this paragraph to a percent less than the specified 

20 percent greenhouse gas reduction for renewable fuel 

shall be the minimum possible adjustment, and the 

adjusted greenhouse gas reduction shall be established by 

the Administrator at the maximum achievable level, taking 

cost in consideration, for natural gas fired corn-based ethanol plants, allowing for the use of a variety of technologies 

and processes. An adjustment in the 50 or 60 percent 

greenhouse gas levels shall be the minimum possible 

adjustment for the fuel or fuels concerned, and the adjusted 

greenhouse gas reduction shall be established at the maximum achievable level, taking cost in consideration, 

allowing for the use of a variety of feedstocks, technologies, 

and processes. 

‘‘(D) 5-YEAR REVIEW.—Whenever the Administrator 

makes any adjustment under this paragraph, not later 

than 5 years thereafter he shall review and revise (based 

upon the same criteria and standards as required for the 

initial adjustment) the regulations establishing the 

adjusted level. 

‘‘(E) SUBSEQUENT ADJUSTMENTS.—After the Administrator has promulgated a final rule under the last sentence 

of paragraph (2)(A)(i) with respect to the method of determining lifecycle greenhouse gas emissions, except as provided in subparagraph (D), the Administrator may not 

adjust the percent greenhouse gas reduction levels unless 

he determines that there has been a significant change 

in the analytical methodology used for determining the 

lifecycle greenhouse gas emissions. If he makes such determination, he may adjust the 20, 50, or 60 percent reduction 

levels through rulemaking using the criteria and standards 

set forth in this paragraph. 

‘‘(F) LIMIT ON UPWARD ADJUSTMENTS.—If, under 

subparagraph (D) or (E), the Administrator revises a percent level adjusted as provided in subparagraphs (A), (B), 

and (C) to a higher percent, such higher percent may 

not exceed the applicable percent specified in paragraph 

(2)(A)(i), (1)(D), (1)(B)(i), or (1)(E). 

‘‘(G) APPLICABILITY OF ADJUSTMENTS.—If the Administrator adjusts, or revises, a percent level referred to in 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1526 PUBLIC LAW 110–140—DEC. 19, 2007 

this paragraph or makes a change in the analytical methodology used for determining the lifecycle greenhouse gas 

emissions, such adjustment, revision, or change (or any 

combination thereof) shall only apply to renewable fuel 

from new facilities that commence construction after the 

effective date of such adjustment, revision, or change.’’. 

(d) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—Paragraph 

(5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) 

is amended by adding the following new subparagraph at the end 

thereof: 

‘‘(E) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—The 

Administrator may issue regulations providing: (i) for the 

generation of an appropriate amount of credits by any 

person that refines, blends, or imports additional renewable 

fuels specified by the Administrator; and (ii) for the use 

of such credits by the generator, or the transfer of all 

or a portion of the credits to another person, for the purpose 

of complying with paragraph (2).’’. 

(e) WAIVERS.— 

(1) IN GENERAL.—Paragraph (7)(A) of section 211(o) of the 

Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting 

‘‘, by any person subject to the requirements of this subsection, 

or by the Administrator on his own motion’’ after ‘‘one or 

more States’’ in subparagraph (A) and by striking out ‘‘State’’ 

in subparagraph (B). 

(2) CELLULOSIC BIOFUEL.—Paragraph (7) of section 211(o) 

of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by 

adding the following at the end thereof: 

‘‘(D) CELLULOSIC BIOFUEL.—(i) For any calendar year 

for which the projected volume of cellulosic biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the 

Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding 

calendar year, the Administrator shall reduce the 

applicable volume of cellulosic biofuel required under paragraph (2)(B) to the projected volume available during that 

calendar year. For any calendar year in which the Administrator makes such a reduction, the Administrator may also 

reduce the applicable volume of renewable fuel and 

advanced biofuels requirement established under paragraph (2)(B) by the same or a lesser volume. 

‘‘(ii) Whenever the Administrator reduces the minimum 

cellulosic biofuel volume under this subparagraph, the 

Administrator shall make available for sale cellulosic 

biofuel credits at the higher of $0.25 per gallon or the 

amount by which $3.00 per gallon exceeds the average 

wholesale price of a gallon of gasoline in the United States. 

Such amounts shall be adjusted for inflation by the 

Administrator for years after 2008. 

‘‘(iii) Eighteen months after the date of enactment of 

this subparagraph, the Administrator shall promulgate 

regulations to govern the issuance of credits under this 

subparagraph. The regulations shall set forth the method 

for determining the exact price of credits in the event 

of a waiver. The price of such credits shall not be changed 

more frequently than once each quarter. These regulations 

Deadline. 

Regulations. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1527 

shall include such provisions, including limiting the credits’ 

uses and useful life, as the Administrator deems appropriate to assist market liquidity and transparency, to provide appropriate certainty for regulated entities and renewable fuel producers, and to limit any potential misuse of 

cellulosic biofuel credits to reduce the use of other renewable fuels, and for such other purposes as the Administrator 

determines will help achieve the goals of this subsection. 

The regulations shall limit the number of cellulosic biofuel 

credits for any calendar year to the minimum applicable 

volume (as reduced under this subparagraph) of cellulosic 

biofuel for that year.’’. 

(3) BIOMASS-BASED DIESEL.—Paragraph (7) of section 211(o) 

of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by 

adding the following at the end thereof: 

‘‘(E) BIOMASS-BASED DIESEL.— 

‘‘(i) MARKET EVALUATION.—The Administrator, in 

consultation with the Secretary of Energy and the Secretary of Agriculture, shall periodically evaluate the 

impact of the biomass-based diesel requirements established under this paragraph on the price of diesel 

fuel. 

‘‘(ii) WAIVER.—If the Administrator determines 

that there is a significant renewable feedstock disruption or other market circumstances that would make 

the price of biomass-based diesel fuel increase significantly, the Administrator, in consultation with the Secretary of Energy and the Secretary of Agriculture, shall 

issue an order to reduce, for up to a 60-day period, 

the quantity of biomass-based diesel required under 

subparagraph (A) by an appropriate quantity that does 

not exceed 15 percent of the applicable annual requirement for biomass-based diesel. For any calendar year 

in which the Administrator makes a reduction under 

this subparagraph, the Administrator may also reduce 

the applicable volume of renewable fuel and advanced 

biofuels requirement established under paragraph 

(2)(B) by the same or a lesser volume. 

‘‘(iii) EXTENSIONS.—If the Administrator determines that the feedstock disruption or circumstances 

described in clause (ii) is continuing beyond the 60- 

day period described in clause (ii) or this clause, the 

Administrator, in consultation with the Secretary of 

Energy and the Secretary of Agriculture, may issue 

an order to reduce, for up to an additional 60-day 

period, the quantity of biomass-based diesel required 

under subparagraph (A) by an appropriate quantity 

that does not exceed an additional 15 percent of the 

applicable annual requirement for biomass-based 

diesel. 

‘‘(F) MODIFICATION OF APPLICABLE VOLUMES.—For any 

of the tables in paragraph (2)(B), if the Administrator 

waives— 

‘‘(i) at least 20 percent of the applicable volume 

requirement set forth in any such table for 2 consecutive years; or 

Regulations. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1528 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) at least 50 percent of such volume requirement 

for a single year, 

the Administrator shall promulgate a rule (within 1 year 

after issuing such waiver) that modifies the applicable volumes set forth in the table concerned for all years following 

the final year to which the waiver applies, except that 

no such modification in applicable volumes shall be made 

for any year before 2016. In promulgating such a rule, 

the Administrator shall comply with the processes, criteria, 

and standards set forth in paragraph (2)(B)(ii).’’. 

SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD. 

(a) IN GENERAL.—The Secretary of Energy, in consultation with 

the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with 

the National Academy of Sciences under which the Academy shall 

conduct a study to assess the impact of the requirements described 

in section 211(o) of the Clean Air Act on each industry relating 

to the production of feed grains, livestock, food, forest products, 

and energy. 

(b) PARTICIPATION.—In conducting the study under this section, 

the National Academy of Sciences shall seek the participation, 

and consider the input, of— 

(1) producers of feed grains; 

(2) producers of livestock, poultry, and pork products; 

(3) producers of food and food products; 

(4) producers of energy; 

(5) individuals and entities interested in issues relating 

to conservation, the environment, and nutrition; 

(6) users and consumers of renewable fuels; 

(7) producers and users of biomass feedstocks; and 

(8) land grant universities. 

(c) CONSIDERATIONS.—In conducting the study, the National 

Academy of Sciences shall consider— 

(1) the likely impact on domestic animal agriculture feedstocks that, in any crop year, are significantly below current 

projections; 

(2) policy options to alleviate the impact on domestic animal 

agriculture feedstocks that are significantly below current 

projections; and 

(3) policy options to maintain regional agricultural and 

silvicultural capability. 

(d) COMPONENTS.—The study shall include— 

(1) a description of the conditions under which the requirements described in section 211(o) of the Clean Air Act should 

be suspended or reduced to prevent adverse impacts to domestic 

animal agriculture feedstocks described in subsection (c)(2) or 

regional agricultural and silvicultural capability described in 

subsection (c)(3); and 

(2) recommendations for the means by which the Federal 

Government could prevent or minimize adverse economic hardships and impacts. 

(e) DEADLINE FOR COMPLETION OF STUDY.—Not later than 18 

months after the date of enactment of this Act, the Secretary 

shall submit to Congress a report that describes the results of 

the study under this section. 

Reports. 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1529 

(f) PERIODIC REVIEWS.—Section 211(o) of the Clean Air Act 

is amended by adding the following at the end thereof: 

‘‘(11) PERIODIC REVIEWS.—To allow for the appropriate 

adjustment of the requirements described in subparagraph (B) 

of paragraph (2), the Administrator shall conduct periodic 

reviews of— 

‘‘(A) existing technologies; 

‘‘(B) the feasibility of achieving compliance with the 

requirements; and 

‘‘(C) the impacts of the requirements described in subsection (a)(2) on each individual and entity described in 

paragraph (2).’’. 

SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS. 

(a) IN GENERAL.—Not later than 3 years after the enactment 

of this section and every 3 years thereafter, the Administrator 

of the Environmental Protection Agency, in consultation with the 

Secretary of Agriculture and the Secretary of Energy, shall assess 

and report to Congress on the impacts to date and likely future 

impacts of the requirements of section 211(o) of the Clean Air 

Act on the following: 

(1) Environmental issues, including air quality, effects on 

hypoxia, pesticides, sediment, nutrient and pathogen levels in 

waters, acreage and function of waters, and soil environmental 

quality. 

(2) Resource conservation issues, including soil conservation, water availability, and ecosystem health and biodiversity, 

including impacts on forests, grasslands, and wetlands. 

(3) The growth and use of cultivated invasive or noxious 

plants and their impacts on the environment and agriculture. 

In advance of preparing the report required by this subsection, 

the Administrator may seek the views of the National Academy 

of Sciences or another appropriate independent research institute. 

The report shall include the annual volume of imported renewable 

fuels and feedstocks for renewable fuels, and the environmental 

impacts outside the United States of producing such fuels and 

feedstocks. The report required by this subsection shall include 

recommendations for actions to address any adverse impacts found. 

(b) EFFECT ON AIR QUALITY AND OTHER ENVIRONMENTAL

REQUIREMENTS.—Except as provided in section 211(o)(12) of the 

Clean Air Act, nothing in the amendments made by this title 

to section 211(o) of the Clean Air Act shall be construed as superseding, or limiting, any more environmentally protective requirement under the Clean Air Act, or under any other provision of 

State or Federal law or regulation, including any environmental 

law or regulation. 

SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING. 

(a) IN GENERAL.—Each retail diesel fuel pump shall be labeled 

in a manner that informs consumers of the percent of biomassbased diesel or biodiesel that is contained in the biomass-based 

diesel blend or biodiesel blend that is offered for sale, as determined 

by the Federal Trade Commission. 

(b) LABELING REQUIREMENTS.—Not later than 180 days after 

the date of enactment of this section, the Federal Trade Commission 

shall promulgate biodiesel labeling requirements as follows: 

(1) Biomass-based diesel blends or biodiesel blends that 

contain less than or equal to 5 percent biomass-based diesel 

Deadline. 

42 USC 17021. 

Deadlines. 

Reports. 

42 USC 7545 

note. 

42 USC 7545. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1530 PUBLIC LAW 110–140—DEC. 19, 2007 

or biodiesel by volume and that meet ASTM D975 diesel specifications shall not require any additional labels. 

(2) Biomass-based diesel blends or biodiesel blends that 

contain more than 5 percent biomass-based diesel or biodiesel 

by volume but not more than 20 percent by volume shall 

be labeled ‘‘contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent’’. 

(3) Biomass-based diesel or biodiesel blends that contain 

more than 20 percent biomass based or biodiesel by volume 

shall be labeled ‘‘contains more than 20 percent biomass-based 

diesel or biodiesel’’. 

(c) DEFINITIONS.—In this section: 

(1) ASTM.—The term ‘‘ASTM’’ means the American Society 

of Testing and Materials. 

(2) BIOMASS-BASED DIESEL.—The term ‘‘biomass-based 

diesel’’ means biodiesel as defined in section 312(f) of the Energy 

Policy Act of 1992 (42 U.S.C. 13220(f)). 

(3) BIODIESEL.—The term ‘‘biodiesel’’ means the monoalkyl 

esters of long chain fatty acids derived from plant or animal 

matter that meet— 

(A) the registration requirements for fuels and fuel 

additives under this section; and 

(B) the requirements of ASTM standard D6751. 

(4) BIOMASS-BASED DIESEL AND BIODIESEL BLENDS.—The 

terms ‘‘biomass-based diesel blend’’ and ‘‘biodiesel blend’’ means 

a blend of ‘‘biomass-based diesel’’ or ‘‘biodiesel’’ fuel that is 

blended with petroleum-based diesel fuel. 

SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 

IN ELECTRIC VEHICLES. 

(a) DEFINITION OF ELECTRIC VEHICLE.—In this section, the 

term ‘‘electric vehicle’’ means an electric motor vehicle (as defined 

in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) 

for which the rechargeable storage battery— 

(1) receives a charge directly from a source of electric 

current that is external to the vehicle; and 

(2) provides a minimum of 80 percent of the motive power 

of the vehicle. 

(b) STUDY.—The Administrator of the Environmental Protection 

Agency shall conduct a study on the feasibility of issuing credits 

under the program established under section 211(o) of the Clean 

Air Act to electric vehicles powered by electricity produced from 

renewable energy sources. 

(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Energy and Natural Resources of the United States Senate 

and the Committee on Energy and Commerce of the United States 

House of Representatives a report that describes the results of 

the study, including a description of— 

(1) existing programs and studies on the use of renewable 

electricity as a means of powering electric vehicles; and 

(2) alternatives for— 

(A) designing a pilot program to determine the feasibility of using renewable electricity to power electric 

vehicles as an adjunct to a renewable fuels mandate; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1531 

(B) allowing the use, under the pilot program designed 

under subparagraph (A), of electricity generated from 

nuclear energy as an additional source of supply; 

(C) identifying the source of electricity used to power 

electric vehicles; and 

(D) equating specific quantities of electricity to quantities of renewable fuel under section 211(o) of the Clean 

Air Act. 

SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS. 

(a) IN GENERAL.—The Secretary of Energy shall establish a 

grant program to encourage the production of advanced biofuels. 

(b) REQUIREMENTS AND PRIORITY.—In making grants under 

this section, the Secretary— 

(1) shall make awards to the proposals for advanced 

biofuels with the greatest reduction in lifecycle greenhouse 

gas emissions compared to the comparable motor vehicle fuel 

lifecycle emissions during calendar year 2005; and 

(2) shall not make an award to a project that does not 

achieve at least an 80 percent reduction in such lifecycle greenhouse gas emissions. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $500,000,000 for the 

period of fiscal years 2008 through 2015. 

SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN 

DETERMINATIONS ON FUELS AND FUEL ADDITIVES. 

Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) 

is amended as follows: 

(1) By striking ‘‘nonroad vehicle (A) if in the judgment 

of the Administrator’’ and inserting ‘‘nonroad vehicle if, in 

the judgment of the Administrator, any fuel or fuel additive 

or’’; and 

(2) In subparagraph (A), by striking ‘‘air pollution which’’ 

and inserting ‘‘air pollution or water pollution (including any 

degradation in the quality of groundwater) that’’. 

SEC. 209. ANTI-BACKSLIDING. 

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended 

by adding at the end the following: 

‘‘(v) PREVENTION OF AIR QUALITY DETERIORATION.— 

‘‘(1) STUDY.— 

‘‘(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of this subsection, the Administrator 

shall complete a study to determine whether the renewable 

fuel volumes required by this section will adversely impact 

air quality as a result of changes in vehicle and engine 

emissions of air pollutants regulated under this Act. 

‘‘(B) CONSIDERATIONS.—The study shall include consideration of— 

‘‘(i) different blend levels, types of renewable fuels, 

and available vehicle technologies; and 

‘‘(ii) appropriate national, regional, and local air 

quality control measures. 

‘‘(2) REGULATIONS.—Not later than 3 years after the date 

of enactment of this subsection, the Administrator shall— 

Deadline. 

42 USC 17022. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1532 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(A) promulgate fuel regulations to implement appropriate measures to mitigate, to the greatest extent achievable, considering the results of the study under paragraph 

(1), any adverse impacts on air quality, as the result of 

the renewable volumes required by this section; or 

‘‘(B) make a determination that no such measures are 

necessary.’’. 

SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION 

RULES. 

(a) TRANSITION RULES.—(1) For calendar year 2008, transportation fuel sold or introduced into commerce in the United States 

(except in noncontiguous States or territories), that is produced 

from facilities that commence construction after the date of enactment of this Act shall be treated as renewable fuel within the 

meaning of section 211(o) of the Clean Air Act only if it achieves 

at least a 20 percent reduction in lifecycle greenhouse gas emissions 

compared to baseline lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, any ethanol plant that is fired with 

natural gas, biomass, or any combination thereof is deemed to 

be in compliance with such 20 percent reduction requirement and 

with the 20 percent reduction requirement of section 211(o)(1) of 

the Clean Air Act. The terms used in this subsection shall have 

the same meaning as provided in the amendment made by this 

Act to section 211(o) of the Clean Air Act. 

(2) Until January 1, 2009, the Administrator of the Environmental Protection Agency shall implement section 211(o) of the 

Clean Air Act and the rules promulgated under that section in 

accordance with the provisions of that section as in effect before 

the enactment of this Act and in accordance with the rules promulgated before the enactment of this Act, except that for calendar 

year 2008, the number ‘‘9.0’’ shall be substituted for the number 

‘‘5.4’’ in the table in section 211(o)(2)(B) and in the corresponding 

rules promulgated to carry out those provisions. The Administrator 

is authorized to take such other actions as may be necessary to 

carry out this paragraph notwithstanding any other provision of 

law. 

(b) SAVINGS CLAUSE.—Section 211(o) of the Clean Air Act (42 

U.S.C. 7545(o)) is amended by adding the following new paragraph 

at the end thereof: 

‘‘(12) EFFECT ON OTHER PROVISIONS.—Nothing in this subsection, or regulations issued pursuant to this subsection, shall 

affect or be construed to affect the regulatory status of carbon 

dioxide or any other greenhouse gas, or to expand or limit 

regulatory authority regarding carbon dioxide or any other 

greenhouse gas, for purposes of other provisions (including section 165) of this Act. The previous sentence shall not affect 

implementation and enforcement of this subsection.’’. 

(c) EFFECTIVE DATE.—The amendments made by this title to 

section 211(o) of the Clean Air Act shall take effect January 1, 

2009, except that the Administrator shall promulgate regulations 

to carry out such amendments not later than 1 year after the 

enactment of this Act. 

Regulations. 

Deadline. 

42 USC 7545 

note. 

Termination 

date. 

42 USC 7545 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1533 

Subtitle B—Biofuels Research and 

Development 

SEC. 221. BIODIESEL. 

(a) BIODIESEL STUDY.—Not later than 180 days after the date 

of enactment of this Act, the Secretary, in consultation with the 

Administrator of the Environmental Protection Agency, shall submit 

to Congress a report on any research and development challenges 

inherent in increasing the proportion of diesel fuel sold in the 

United States that is biodiesel. 

(b) MATERIAL FOR THE ESTABLISHMENT OF STANDARDS.—The 

Director of the National Institute of Standards and Technology, 

in consultation with the Secretary, shall make publicly available 

the physical property data and characterization of biodiesel and 

other biofuels as appropriate. 

SEC. 222. BIOGAS. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary, in consultation with the Administrator of the 

Environmental Protection Agency, shall submit to Congress a report 

on any research and development challenges inherent in increasing 

the amount of transportation fuels sold in the United States that 

are fuel with biogas or a blend of biogas and natural gas. 

SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND 

DEVELOPMENT IN CERTAIN STATES. 

(a) IN GENERAL.—The Secretary shall provide grants to eligible 

entities for research, development, demonstration, and commercial 

application of biofuel production technologies in States with low 

rates of ethanol production, including low rates of production of 

cellulosic biomass ethanol, as determined by the Secretary. 

(b) ELIGIBILITY.—To be eligible to receive a grant under this 

section, an entity shall— 

(1)(A) be an institution of higher education (as defined 

in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), 

including tribally controlled colleges or universities, located 

in a State described in subsection (a); or 

(B) be a consortium including at least 1 such institution 

of higher education and industry, State agencies, Indian tribal 

agencies, National Laboratories, or local government agencies 

located in the State; and 

(2) have proven experience and capabilities with relevant 

technologies. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to carry out this section 

$25,000,000 for each of fiscal years 2008 through 2010. 

SEC. 224. BIOREFINERY ENERGY EFFICIENCY. 

Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) 

is amended by adding at the end the following new subsections: 

‘‘(g) BIOREFINERY ENERGY EFFICIENCY.—The Secretary shall 

establish a program of research, development, demonstration, and 

commercial application for increasing energy efficiency and reducing 

energy consumption in the operation of biorefinery facilities. 

‘‘(h) RETROFIT TECHNOLOGIES FOR THE DEVELOPMENT OF ETH- ANOL FROM CELLULOSIC MATERIALS.—The Secretary shall establish 

42 USC 17032. 

Deadline. 

Reports. 

Public 

information. 

Reports. 

42 USC 17031. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1534 PUBLIC LAW 110–140—DEC. 19, 2007 

a program of research, development, demonstration, and commercial 

application on technologies and processes to enable biorefineries 

that exclusively use corn grain or corn starch as a feedstock to 

produce ethanol to be retrofitted to accept a range of biomass, 

including lignocellulosic feedstocks.’’. 

SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES 

TO USE E–85 FUEL. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall conduct a study of whether optimizing flexible fueled vehicles to operate using E–85 fuel would 

increase the fuel efficiency of flexible fueled vehicles. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Science and Technology and the Committee on Energy and 

Commerce of the House of Representatives, and to the Committee 

on Energy and Natural Resources, the Committee on Environment 

and Public Works, and the Committee on Commerce, Science, and 

Transportation of the Senate, a report that describes the results 

of the study under this section, including any recommendations 

of the Secretary. 

SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCIATED WITH THE USE OF BIODIESEL. 

(a) IN GENERAL.—Not later than 30 days after the date of 

enactment of this Act, the Secretary, in consultation with the 

Administrator of the Environmental Protection Agency, shall initiate a study on the effects of the use of biodiesel on the performance 

and durability of engines and engine systems. 

(b) COMPONENTS.—The study under this section shall include— 

(1) an assessment of whether the use of biodiesel lessens 

the durability and performance of conventional diesel engines 

and engine systems; and 

(2) an assessment of the effects referred to in subsection 

(a) with respect to biodiesel blends at varying concentrations, 

including the following percentage concentrations of biodiesel: 

(A) 5 percent biodiesel. 

(B) 10 percent biodiesel. 

(C) 20 percent biodiesel. 

(D) 30 percent biodiesel. 

(E) 100 percent biodiesel. 

(c) REPORT.—Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Science and Technology and the Committee on Energy and 

Commerce of the House of Representatives, and to the Committee 

on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate, a report that describes 

the results of the study under this section, including any recommendations of the Secretary. 

SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL 

GAS VEHICLES. 

(a) IN GENERAL.—The Secretary, in consultation with the 

Administrator of the Environmental Protection Agency and the 

Secretary of Transportation, shall conduct a study of methods of 

increasing the fuel efficiency of vehicles using biogas by optimizing 

natural gas vehicle systems that can operate on biogas, including 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1535 

the advancement of vehicle fuel systems and the combination of 

hybrid-electric and plug-in hybrid electric drive platforms with natural gas vehicle systems using biogas. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Energy and Natural Resources, the Committee on Environment 

and Public Works, and the Committee on Commerce, Science, and 

Transportation of the Senate, and to the Committee on Science 

and Technology and the Committee on Energy and Commerce of 

the House of Representatives, a report that describes the results 

of the study, including any recommendations of the Secretary. 

SEC. 228. ALGAL BIOMASS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall submit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate, 

a report on the progress of the research and development that 

is being conducted on the use of algae as a feedstock for the 

production of biofuels. 

(b) CONTENTS.—The report shall identify continuing research 

and development challenges and any regulatory or other barriers 

found by the Secretary that hinder the use of this resource, as 

well as recommendations on how to encourage and further its 

development as a viable transportation fuel. 

SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER. 

(a) IN GENERAL.—The Secretary, in cooperation with the Secretary of Agriculture, shall establish a biofuels and biorefinery 

information center to make available to interested parties information on— 

(1) renewable fuel feedstocks, including the varieties of 

fuel capable of being produced from various feedstocks; 

(2) biorefinery processing techniques related to various 

renewable fuel feedstocks; 

(3) the distribution, blending, storage, and retail dispensing 

infrastructure necessary for the transport and use of renewable 

fuels; 

(4) Federal and State laws and incentives related to renewable fuel production and use; 

(5) renewable fuel research and development advancements; 

(6) renewable fuel development and biorefinery processes 

and technologies; 

(7) renewable fuel resources, including information on programs and incentives for renewable fuels; 

(8) renewable fuel producers; 

(9) renewable fuel users; and 

(10) potential renewable fuel users. 

(b) ADMINISTRATION.—In administering the biofuels and biorefinery information center, the Secretary shall— 

(1) continually update information provided by the center; 

(2) make information available relating to processes and 

technologies for renewable fuel production; 

(3) make information available to interested parties on 

the process for establishing a biorefinery; and 

(4) make information and assistance provided by the center 

available through a toll-free telephone number and website. 

Establishment. 

42 USC 17033. 

Deadline. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1536 PUBLIC LAW 110–140—DEC. 19, 2007 

(c) COORDINATION AND NONDUPLICATION.—To the maximum 

extent practicable, the Secretary shall ensure that the activities 

under this section are coordinated with, and do not duplicate the 

efforts of, centers at other government agencies. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH. 

(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘‘eligible entity’’ means— 

(1) an 1890 Institution (as defined in section 2 of the 

Agricultural Research, Extension, and Education Reform Act 

of 1998 (7 U.S.C. 7061)); 

(2) a part B institution (as defined in section 322 of the 

Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly 

referred to as ‘‘Historically Black Colleges and Universities’’); 

(3) a tribal college or university (as defined in section 

316(b) of the Higher Education Act of 1965 (20 U.S.C. 

1059c(b))); or 

(4) a Hispanic-serving institution (as defined in section 

502(a) of the Higher Education Act of 1965 (20 U.S.C. 

1101a(a))). 

(b) GRANTS.—The Secretary shall make cellulosic ethanol and 

biofuels research and development grants to 10 eligible entities 

selected by the Secretary to receive a grant under this section 

through a peer-reviewed competitive process. 

(c) COLLABORATION.—An eligible entity that is selected to 

receive a grant under subsection (b) shall collaborate with 1 of 

the Bioenergy Research Centers of the Office of Science of the 

Department. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to make grants described in 

subsection (b) $50,000,000 for fiscal year 2008, to remain available 

until expended. 

SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF APPROPRIATION. 

Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) 

is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

(B) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(4) $963,000,000 for fiscal year 2010.’’; and 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) by striking ‘‘$251,000,000’’ and inserting 

‘‘$377,000,000’’; and 

(ii) by striking ‘‘and’’ at the end; 

(B) in paragraph (3)— 

(i) by striking ‘‘$274,000,000’’ and inserting 

‘‘$398,000,000’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following: 

42 USC 17034. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1537 

‘‘(4) $419,000,000 for fiscal year 2010, of which $150,000,000 shall be for section 932(d).’’. 

SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—Section 977 of the Energy Policy Act of 2005 

(42 U.S.C. 16317) is amended— 

(1) in subsection (a)(1), by striking ‘‘and computational 

biology’’ and inserting ‘‘computational biology, and environmental science’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘in sustainable 

production systems that reduce greenhouse gas emissions’’ 

after ‘‘hydrogen’’; 

(B) in paragraph (3), by striking ‘‘and’’ at the end; 

(C) by redesignating paragraph (4) as paragraph (5); 

and 

(D) by inserting after paragraph (3) the following: 

‘‘(4) develop cellulosic and other feedstocks that are less 

resource and land intensive and that promote sustainable use 

of resources, including soil, water, energy, forests, and land, 

and ensure protection of air, water, and soil quality; and’’. 

(b) TOOLS AND EVALUATION.—Section 307(d) of the Biomass 

Research and Development Act of 2000 (7 U.S.C. 8606(d)) is 

amended— 

(1) in paragraph (3)(E), by striking ‘‘and’’ at the end; 

(2) in paragraph (4), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(5) the improvement and development of analytical tools 

to facilitate the analysis of life-cycle energy and greenhouse 

gas emissions, including emissions related to direct and indirect 

land use changes, attributable to all potential biofuel feedstocks 

and production processes; and 

‘‘(6) the systematic evaluation of the impact of expanded 

biofuel production on the environment, including forest lands, 

and on the food supply for humans and animals.’’. 

(c) SMALL-SCALE PRODUCTION AND USE OF BIOFUELS.—Section 

307(e) of the Biomass Research and Development Act of 2000 (7 

U.S.C. 8606(e)) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) to facilitate small-scale production, local, and on-farm 

use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.’’. 

SEC. 233. BIOENERGY RESEARCH CENTERS. 

Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) 

is amended by adding at the end the following: 

‘‘(f) BIOENERGY RESEARCH CENTERS.— ‘‘(1) ESTABLISHMENT OF CENTERS.—In carrying out the program under subsection (a), the Secretary shall establish at 

least 7 bioenergy research centers, which may be of varying 

size. 

‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall establish at least 1 bioenergy research center in each Petroleum 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1538 PUBLIC LAW 110–140—DEC. 19, 2007 

Administration for Defense District or Subdistrict of a Petroleum Administration for Defense District. 

‘‘(3) GOALS.—The goals of the centers established under 

this subsection shall be to accelerate basic transformational 

research and development of biofuels, including biological processes. 

‘‘(4) SELECTION AND DURATION.— 

‘‘(A) IN GENERAL.—A center under this subsection shall 

be selected on a competitive basis for a period of 5 years. 

‘‘(B) REAPPLICATION.—After the end of the period 

described in subparagraph (A), a grantee may reapply for 

selection on a competitive basis. 

‘‘(5) INCLUSION.—A center that is in existence on the date 

of enactment of this subsection— 

‘‘(A) shall be counted towards the requirement for 

establishment of at least 7 bioenergy research centers; 

and 

‘‘(B) may continue to receive support for a period of 

5 years beginning on the date of establishment of the 

center.’’. 

SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a competitive grant program, in a geographically diverse manner, for projects 

submitted for consideration by institutions of higher education to 

conduct research and development of renewable energy technologies. 

Each grant made shall not exceed $2,000,000. 

(b) ELIGIBILITY.—Priority shall be given to institutions of higher 

education with— 

(1) established programs of research in renewable energy; 

(2) locations that are low income or outside of an urbanized 

area; 

(3) a joint venture with an Indian tribe; and 

(4) proximity to trees dying of disease or insect infestation 

as a source of woody biomass. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary $25,000,000 for carrying out 

this section. 

(d) DEFINITIONS.—In this section: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

as defined in section 126(c) of the Energy Policy Act of 2005. 

(2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ has 

the meaning as defined in section 902 of the Energy Policy 

Act of 2005. 

(3) URBANIZED AREA.—The term ‘‘urbanized area’’ has the 

meaning as defined by the U.S. Bureau of the Census. 

Subtitle C—Biofuels Infrastructure 

SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS 

RELATED TO RENEWABLE FUEL INFRASTRUCTURE. 

(a) IN GENERAL.—Title I of the Petroleum Marketing Practices 

Act (15 U.S.C. 2801 et seq.) is amended by adding at the end 

the following: 

42 USC 17035. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1539 

‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF 

RENEWABLE FUEL PUMPS. 

‘‘(a) DEFINITION.—In this section: 

‘‘(1) RENEWABLE FUEL.—The term ‘renewable fuel’ means 

any fuel— 

‘‘(A) at least 85 percent of the volume of which consists 

of ethanol; or 

‘‘(B) any mixture of biodiesel and diesel or renewable 

diesel (as defined in regulations adopted pursuant to section 211(o) of the Clean Air Act (40 CFR, part 80)), determined without regard to any use of kerosene and containing 

at least 20 percent biodiesel or renewable diesel. 

‘‘(2) FRANCHISE-RELATED DOCUMENT.—The term ‘franchiserelated document’ means— 

‘‘(A) a franchise under this Act; and 

‘‘(B) any other contract or directive of a franchisor 

relating to terms or conditions of the sale of fuel by a 

franchisee. 

‘‘(b) PROHIBITIONS.— 

‘‘(1) IN GENERAL.—No franchise-related document entered 

into or renewed on or after the date of enactment of this 

section shall contain any provision allowing a franchisor to 

restrict the franchisee or any affiliate of the franchisee from— 

‘‘(A) installing on the marketing premises of the 

franchisee a renewable fuel pump or tank, except that 

the franchisee’s franchisor may restrict the installation 

of a tank on leased marketing premises of such franchisor; 

‘‘(B) converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use, 

so long as such tank or pump and the piping connecting 

them are either warranted by the manufacturer or certified 

by a recognized standards setting organization to be suitable for use with such renewable fuel; 

‘‘(C) advertising (including through the use of signage) 

the sale of any renewable fuel; 

‘‘(D) selling renewable fuel in any specified area on 

the marketing premises of the franchisee (including any 

area in which a name or logo of a franchisor or any other 

entity appears); 

‘‘(E) purchasing renewable fuel from sources other than 

the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee; 

‘‘(F) listing renewable fuel availability or prices, 

including on service station signs, fuel dispensers, or light 

poles; or 

‘‘(G) allowing for payment of renewable fuel with a 

credit card, 

so long as such activities described in subparagraphs (A) 

through (G) do not constitute mislabeling, misbranding, willful 

adulteration, or other trademark violations by the franchisee. 

‘‘(2) EFFECT OF PROVISION.—Nothing in this section shall 

be construed to preclude a franchisor from requiring the 

franchisee to obtain reasonable indemnification and insurance 

policies. 

‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.—No franchiserelated document that requires that 3 grades of gasoline be sold 

15 USC 2807. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1540 PUBLIC LAW 110–140—DEC. 19, 2007 

by the applicable franchisee shall prevent the franchisee from 

selling a renewable fuel in lieu of 1, and only 1, grade of gasoline.’’. 

(b) ENFORCEMENT.—Section 105 of the Petroleum Marketing 

Practices Act (15 U.S.C. 2805) is amended by striking ‘‘102 or 

103’’ each place it appears and inserting ‘‘102, 103, or 107’’. 

(c) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by 

aligning the margin of subparagraph (C) with subparagraph 

(B). 

(2) TABLE OF CONTENTS.—The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is 

amended— 

(A) by inserting after the item relating to section 106 

the following: 

‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’; 

and 

(B) by striking the item relating to section 202 and 

inserting the following: 

‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. 

SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS. 

(a) MARKET PENETRATION REPORTS.—The Secretary, in consultation with the Secretary of Transportation, shall determine 

and report to Congress annually on the market penetration for 

flexible-fuel vehicles in use within geographic regions to be established by the Secretary. 

(b) DISPENSER FEASIBILITY STUDY.—Not later than 24 months 

after the date of enactment of this Act, the Secretary, in consultation 

with the Department of Transportation, shall report to the Congress 

on the feasibility of requiring motor fuel retailers to install E– 

85 compatible dispensers and related systems at retail fuel facilities 

in regions where flexible-fuel vehicle market penetration has 

reached 15 percent of motor vehicles. In conducting such study, 

the Secretary shall consider and report on the following factors: 

(1) The commercial availability of E–85 fuel and the 

number of competing E–85 wholesale suppliers in a given 

region. 

(2) The level of financial assistance provided on an annual 

basis by the Federal Government, State governments, and nonprofit entities for the installation of E–85 compatible infrastructure. 

(3) The number of retailers whose retail locations are 

unable to support more than 2 underground storage tank dispensers. 

(4) The expense incurred by retailers in the installation 

and sale of E–85 compatible dispensers and related systems 

and any potential effects on the price of motor vehicle fuel. 

SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY. 

(a) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation, shall conduct a study of the feasibility 

of the construction of pipelines dedicated to the transportation 

of ethanol. 

(b) FACTORS FOR CONSIDERATION.—In conducting the study 

under subsection (a), the Secretary shall take into consideration— 

Reports. 

42 USC 17051. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1541 

(1) the quantity of ethanol production that would make 

dedicated pipelines economically viable; 

(2) existing or potential barriers to the construction of 

pipelines dedicated to the transportation of ethanol, including 

technical, siting, financing, and regulatory barriers; 

(3) market risk (including throughput risk) and means 

of mitigating the risk; 

(4) regulatory, financing, and siting options that would 

mitigate the risk and help ensure the construction of 1 or 

more pipelines dedicated to the transportation of ethanol; 

(5) financial incentives that may be necessary for the 

construction of pipelines dedicated to the transportation of ethanol, including the return on equity that sponsors of the initial 

dedicated ethanol pipelines will require to invest in the pipelines; 

(6) technical factors that may compromise the safe 

transportation of ethanol in pipelines, including identification 

of remedial and preventive measures to ensure pipeline integrity; and 

(7) such other factors as the Secretary considers to be 

appropriate. 

(c) REPORT.—Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress a report 

describing the results of the study conducted under this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to carry out this section 

$1,000,000 for each of fiscal years 2008 and 2009, to remain available until expended. 

SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS. 

(a) DEFINITION OF RENEWABLE FUEL BLEND.—For purposes 

of this section, the term ‘‘renewable fuel blend’’ means a gasoline 

blend that contains not less than 11 percent, and not more than 

85 percent, renewable fuel or diesel fuel that contains at least 

10 percent renewable fuel. 

(b) INFRASTRUCTURE DEVELOPMENT GRANTS.— 

(1) ESTABLISHMENT.—The Secretary shall establish a program for making grants for providing assistance to retail and 

wholesale motor fuel dealers or other entities for the installation, replacement, or conversion of motor fuel storage and dispensing infrastructure to be used exclusively to store and dispense renewable fuel blends. 

(2) SELECTION CRITERIA.—Not later than 12 months after 

the date of enactment of this Act, the Secretary shall establish 

criteria for evaluating applications for grants under this subsection that will maximize the availability and use of renewable 

fuel blends, and that will ensure that renewable fuel blends 

are available across the country. Such criteria shall provide 

for— 

(A) consideration of the public demand for each renewable fuel blend in a particular geographic area based on 

State registration records showing the number of flexiblefuel vehicles; 

(B) consideration of the opportunity to create or expand 

corridors of renewable fuel blend stations along interstate 

or State highways; 

Deadline. 

42 USC 17052. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1542 PUBLIC LAW 110–140—DEC. 19, 2007 

(C) consideration of the experience of each applicant 

with previous, similar projects; 

(D) consideration of population, number of flexiblefuel vehicles, number of retail fuel outlets, and saturation 

of flexible-fuel vehicles; and 

(E) priority consideration to applications that— 

(i) are most likely to maximize displacement of 

petroleum consumption, measured as a total quantity 

and a percentage; 

(ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the 

use of renewable fuel blends; and 

(iii) demonstrate the greatest commitment on the 

part of the applicant to ensure funding for the proposed 

project and the greatest likelihood that the project 

will be maintained or expanded after Federal assistance under this subsection is completed. 

(3) LIMITATIONS.—Assistance provided under this subsection shall not exceed— 

(A) 33 percent of the estimated cost of the installation, 

replacement, or conversion of motor fuel storage and dispensing infrastructure; or 

(B) $180,000 for a combination of equipment at any 

one retail outlet location. 

(4) OPERATION OF RENEWABLE FUEL BLEND STATIONS.—The 

Secretary shall establish rules that set forth requirements for 

grant recipients under this section that include providing to 

the public the renewable fuel blends, establishing a marketing 

plan that informs consumers of the price and availability of 

the renewable fuel blends, clearly labeling the dispensers and 

related equipment, and providing periodic reports on the status 

of the renewable fuel blend sales, the type and amount of 

the renewable fuel blends dispensed at each location, and the 

average price of such fuel. 

(5) NOTIFICATION REQUIREMENTS.—Not later than the date 

on which each renewable fuel blend station begins to offer 

renewable fuel blends to the public, the grant recipient that 

used grant funds to construct or upgrade such station shall 

notify the Secretary of such opening. The Secretary shall add 

each new renewable fuel blend station to the renewable fuel 

blend station locator on its Website when it receives notification 

under this subsection. 

(6) DOUBLE COUNTING.—No person that receives a credit 

under section 30C of the Internal Revenue Code of 1986 may 

receive assistance under this section. 

(7) RESERVATION OF FUNDS.—The Secretary shall reserve 

funds appropriated for the renewable fuel blends infrastructure 

development grant program for technical and marketing assistance described in subsection (c). 

(c) RETAIL TECHNICAL AND MARKETING ASSISTANCE.—The Secretary shall enter into contracts with entities with demonstrated 

experience in assisting retail fueling stations in installing refueling 

systems and marketing renewable fuel blends nationally, for the 

provision of technical and marketing assistance to recipients of 

grants under this section. Such assistance shall include— 

(1) technical advice for compliance with applicable Federal 

and State environmental requirements; 

Contracts. 

Website. 

Deadline. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1543 

(2) help in identifying supply sources and securing longterm contracts; and 

(3) provision of public outreach, education, and labeling 

materials. 

(d) REFUELING INFRASTRUCTURE CORRIDORS.— (1) IN GENERAL.—The Secretary shall establish a competitive grant pilot program (referred to in this subsection as the 

‘‘pilot program’’), to be administered through the Vehicle Technology Deployment Program of the Department, to provide 

not more than 10 geographically-dispersed project grants to 

State governments, Indian tribal governments, local governments, metropolitan transportation authorities, or partnerships 

of those entities to carry out 1 or more projects for the purposes 

described in paragraph (2). 

(2) GRANT PURPOSES.—A grant under this subsection shall 

be used for the establishment of refueling infrastructure corridors, as designated by the Secretary, for renewable fuel 

blends, including— 

(A) installation of infrastructure and equipment necessary to ensure adequate distribution of renewable fuel 

blends within the corridor; 

(B) installation of infrastructure and equipment necessary to directly support vehicles powered by renewable 

fuel blends; and 

(C) operation and maintenance of infrastructure and 

equipment installed as part of a project funded by the 

grant. 

(3) APPLICATIONS.— 

(A) REQUIREMENTS.— 

(i) IN GENERAL.—Subject to clause (ii), not later 

than 90 days after the date of enactment of this Act, 

the Secretary shall issue requirements for use in 

applying for grants under the pilot program. 

(ii) MINIMUM REQUIREMENTS.—At a minimum, the 

Secretary shall require that an application for a grant 

under this subsection— 

(I) be submitted by— 

(aa) the head of a State, tribal, or local 

government or a metropolitan transportation 

authority, or any combination of those entities; 

and 

(bb) a registered participant in the Vehicle 

Technology Deployment Program of the 

Department; and 

(II) include— 

(aa) a description of the project proposed 

in the application, including the ways in which 

the project meets the requirements of this subsection; 

(bb) an estimate of the degree of use of 

the project, including the estimated size of 

fleet of vehicles operated with renewable fuels 

blend available within the geographic region 

of the corridor, measured as a total quantity 

and a percentage; 

(cc) an estimate of the potential petroleum 

displaced as a result of the project (measured 

Deadline. 

Grants. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1544 PUBLIC LAW 110–140—DEC. 19, 2007 

as a total quantity and a percentage), and 

a plan to collect and disseminate petroleum 

displacement and other relevant data relating 

to the project to be funded under the grant, 

over the expected life of the project; 

(dd) a description of the means by which 

the project will be sustainable without Federal 

assistance after the completion of the term 

of the grant; 

(ee) a complete description of the costs 

of the project, including acquisition, construction, operation, and maintenance costs over 

the expected life of the project; and 

(ff) a description of which costs of the 

project will be supported by Federal assistance 

under this subsection. 

(B) PARTNERS.—An applicant under subparagraph (A) 

may carry out a project under the pilot program in partnership with public and private entities. 

(4) SELECTION CRITERIA.—In evaluating applications under 

the pilot program, the Secretary shall— 

(A) consider the experience of each applicant with previous, similar projects; and 

(B) give priority consideration to applications that— 

(i) are most likely to maximize displacement of 

petroleum consumption, measured as a total quantity 

and a percentage; 

(ii) are best able to incorporate existing infrastructure while maximizing, to the extent practicable, the 

use of advanced biofuels; 

(iii) demonstrate the greatest commitment on the 

part of the applicant to ensure funding for the proposed 

project and the greatest likelihood that the project 

will be maintained or expanded after Federal assistance under this subsection is completed; 

(iv) represent a partnership of public and private 

entities; and 

(v) exceed the minimum requirements of paragraph (3)(A)(ii). 

(5) PILOT PROJECT REQUIREMENTS.— 

(A) MAXIMUM AMOUNT.—The Secretary shall provide 

not more than $20,000,000 in Federal assistance under 

the pilot program to any applicant. 

(B) COST SHARING.—The non-Federal share of the cost 

of any activity relating to renewable fuel blend infrastructure development carried out using funds from a grant 

under this subsection shall be not less than 20 percent. 

(C) MAXIMUM PERIOD OF GRANTS.—The Secretary shall 

not provide funds to any applicant under the pilot program 

for more than 2 years. 

(D) DEPLOYMENT AND DISTRIBUTION.—The Secretary 

shall seek, to the maximum extent practicable, to ensure 

a broad geographic distribution of project sites funded by 

grants under this subsection. 

(E) TRANSFER OF INFORMATION AND KNOWLEDGE.—The 

Secretary shall establish mechanisms to ensure that the 

information and knowledge gained by participants in the 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1545 

pilot program are transferred among the pilot program 

participants and to other interested parties, including other 

applicants that submitted applications. 

(6) SCHEDULE.— (A) INITIAL GRANTS.— (i) IN GENERAL.—Not later than 90 days after the 

date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, 

and such other publications as the Secretary considers 

to be appropriate, a notice and request for applications 

to carry out projects under the pilot program. 

(ii) DEADLINE.—An application described in clause 

(i) shall be submitted to the Secretary by not later 

than 180 days after the date of publication of the 

notice under that clause. 

(iii) INITIAL SELECTION.—Not later than 90 days 

after the date by which applications for grants are 

due under clause (ii), the Secretary shall select by 

competitive, peer-reviewed proposal up to 5 applications for projects to be awarded a grant under the 

pilot program. 

(B) ADDITIONAL GRANTS.— 

(i) IN GENERAL.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall publish in the Federal Register, Commerce Business Daily, 

and such other publications as the Secretary considers 

to be appropriate, a notice and request for additional 

applications to carry out projects under the pilot program that incorporate the information and knowledge 

obtained through the implementation of the first round 

of projects authorized under the pilot program. 

(ii) DEADLINE.—An application described in clause 

(i) shall be submitted to the Secretary by not later 

than 180 days after the date of publication of the 

notice under that clause. 

(iii) INITIAL SELECTION.—Not later than 90 days 

after the date by which applications for grants are 

due under clause (ii), the Secretary shall select by 

competitive, peer-reviewed proposal such additional 

applications for projects to be awarded a grant under 

the pilot program as the Secretary determines to be 

appropriate. 

(7) REPORTS TO CONGRESS.— 

(A) INITIAL REPORT.—Not later than 60 days after the 

date on which grants are awarded under this subsection, 

the Secretary shall submit to Congress a report containing— 

(i) an identification of the grant recipients and 

a description of the projects to be funded under the 

pilot program; 

(ii) an identification of other applicants that submitted applications for the pilot program but to which 

funding was not provided; and 

(iii) a description of the mechanisms used by the 

Secretary to ensure that the information and knowledge gained by participants in the pilot program are 

transferred among the pilot program participants and 

Deadlines. 

Federal Register, 

publication. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1546 PUBLIC LAW 110–140—DEC. 19, 2007 

to other interested parties, including other applicants 

that submitted applications. 

(B) EVALUATION.—Not later than 2 years after the 

date of enactment of this Act, and annually thereafter 

until the termination of the pilot program, the Secretary 

shall submit to Congress a report containing an evaluation 

of the effectiveness of the pilot program, including an 

assessment of the petroleum displacement and benefits 

to the environment derived from the projects included in 

the pilot program. 

(e) RESTRICTION.—No grant shall be provided under subsection 

(b) or (c) to a large, vertically integrated oil company. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$200,000,000 for each of the fiscal years 2008 through 2014. 

SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-PRODUCED RENEWABLE FUEL BY RAILROADS 

AND OTHER MODES OF TRANSPORTATION. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary, in coordination with the 

Secretary of Transportation, shall jointly conduct a study of 

the adequacy of transportation of domestically-produced renewable fuels by railroad and other modes of transportation as 

designated by the Secretaries. 

(2) COMPONENTS.—In conducting the study under paragraph (1), the Secretaries shall— 

(A) consider the adequacy of existing railroad and other 

transportation and distribution infrastructure, equipment, 

service and capacity to move the necessary quantities of 

domestically-produced renewable fuel within the timeframes; 

(B)(i) consider the projected costs of moving the domestically-produced renewable fuel by railroad and other modes 

of transportation; and 

(ii) consider the impact of the projected costs on the 

marketability of the domestically-produced renewable fuel; 

(C) identify current and potential impediments to the 

reliable transportation and distribution of adequate supplies of domestically-produced renewable fuel at reasonable 

prices, including practices currently utilized by domestic 

producers, shippers, and receivers of renewable fuels; 

(D) consider whether adequate competition exists 

within and between modes of transportation for the 

transportation and distribution of domestically-produced 

renewable fuel and, whether inadequate competition leads 

to an unfair price for the transportation and distribution 

of domestically-produced renewable fuel or unacceptable 

service for transportation of domestically-produced renewable fuel; 

(E) consider whether Federal agencies have adequate 

legal authority to address instances of inadequate competition when inadequate competition is found to prevent 

domestic producers for renewable fuels from obtaining a 

fair and reasonable transportation price or acceptable 

service for the transportation and distribution of domestically-produced renewable fuels; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1547 

(F) consider whether Federal agencies have adequate 

legal authority to address railroad and transportation 

service problems that may be resulting in inadequate supplies of domestically-produced renewable fuel in any area 

of the United States; 

(G) consider what transportation infrastructure capital 

expenditures may be necessary to ensure the reliable 

transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices within the 

United States and which public and private entities should 

be responsible for making such expenditures; and 

(H) provide recommendations on ways to facilitate the 

reliable transportation of adequate supplies of domesticallyproduced renewable fuel at reasonable prices. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly submit to the Committee on Commerce, Science and Transportation, the Committee 

on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives a report that 

describes the results of the study conducted under subsection (a). 

SEC. 246. FEDERAL FLEET FUELING CENTERS. 

(a) IN GENERAL.—Not later than January 1, 2010, the head 

of each Federal agency shall install at least 1 renewable fuel pump 

at each Federal fleet fueling center in the United States under 

the jurisdiction of the head of the Federal agency. 

(b) REPORT.—Not later than October 31 of the first calendar 

year beginning after the date of the enactment of this Act, and 

each October 31 thereafter, the President shall submit to Congress 

a report that describes the progress toward complying with subsection (a), including identifying— 

(1) the number of Federal fleet fueling centers that contain 

at least 1 renewable fuel pump; and 

(2) the number of Federal fleet fueling centers that do 

not contain any renewable fuel pumps. 

(c) DEPARTMENT OF DEFENSE FACILITY.—This section shall not 

apply to a Department of Defense fueling center with a fuel turnover 

rate of less than 100,000 gallons of fuel per year. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL. 

Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended 

by redesignating subsection (s) as subsection (t), redesignating subsection (r) (relating to conversion assistance for cellulosic biomass, 

waste-derived ethanol, approved renewable fuels) as subsection (s) 

and by adding the following new subsection at the end thereof: 

‘‘(u) STANDARD SPECIFICATIONS FOR BIODIESEL.—(1) Unless the 

American Society for Testing and Materials has adopted a standard 

for diesel fuel containing 20 percent biodiesel (commonly known 

as ‘B20’) within 1 year after the date of enactment of this subsection, 

the Administrator shall initiate a rulemaking to establish a uniform 

per gallon fuel standard for such fuel and designate an identification 

number so that vehicle manufacturers are able to design engines 

to use fuel meeting such standard. 

Deadline. 

Regulations. 

Deadline. 

42 USC 17053. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1548 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(2) Unless the American Society for Testing and Materials 

has adopted a standard for diesel fuel containing 5 percent biodiesel 

(commonly known as ‘B5’) within 1 year after the date of enactment 

of this subsection, the Administrator shall initiate a rulemaking 

to establish a uniform per gallon fuel standard for such fuel and 

designate an identification so that vehicle manufacturers are able 

to design engines to use fuel meeting such standard. 

‘‘(3) Whenever the Administrator is required to initiate a rulemaking under paragraph (1) or (2), the Administrator shall promulgate a final rule within 18 months after the date of the enactment 

of this subsection. 

‘‘(4) Not later than 180 days after the enactment of this subsection, the Administrator shall establish an annual inspection 

and enforcement program to ensure that diesel fuel containing 

biodiesel sold or distributed in interstate commerce meets the standards established under regulations under this section, including 

testing and certification for compliance with applicable standards 

of the American Society for Testing and Materials. There are authorized to be appropriated to carry out the inspection and enforcement 

program under this paragraph $3,000,000 for each of fiscal years 

2008 through 2010. 

‘‘(5) For purposes of this subsection, the term ‘biodiesel’ has 

the meaning provided by section 312(f) of Energy Policy Act of 

1992 (42 U.S.C. 13220(f)).’’. 

SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRASTRUCTURE. 

(a) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation and in consultation with the Administrator 

of the Environmental Protection Agency, shall carry out a program 

of research, development, and demonstration relating to existing 

transportation fuel distribution infrastructure and new alternative 

distribution infrastructure. 

(b) FOCUS.—The program described in subsection (a) shall focus 

on the physical and chemical properties of biofuels and efforts 

to prevent or mitigate against adverse impacts of those properties 

in the areas of— 

(1) corrosion of metal, plastic, rubber, cork, fiberglass, 

glues, or any other material used in pipes and storage tanks; 

(2) dissolving of storage tank sediments; 

(3) clogging of filters; 

(4) contamination from water or other adulterants or pollutants; 

(5) poor flow properties related to low temperatures; 

(6) oxidative and thermal instability in long-term storage 

and uses; 

(7) microbial contamination; 

(8) problems associated with electrical conductivity; and 

(9) such other areas as the Secretary considers appropriate. 

Subtitle D—Environmental Safeguards 

SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES. 

Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is 

amended to read as follows: 

42 USC 17054. 

Appropriation 

authorization. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1549 

‘‘(4) The Administrator, upon application of any manufacturer 

of any fuel or fuel additive, may waive the prohibitions established 

under paragraph (1) or (3) of this subsection or the limitation 

specified in paragraph (2) of this subsection, if he determines that 

the applicant has established that such fuel or fuel additive or 

a specified concentration thereof, and the emission products of 

such fuel or fuel additive or specified concentration thereof, will 

not cause or contribute to a failure of any emission control device 

or system (over the useful life of the motor vehicle, motor vehicle 

engine, nonroad engine or nonroad vehicle in which such device 

or system is used) to achieve compliance by the vehicle or engine 

with the emission standards with respect to which it has been 

certified pursuant to sections 206 and 213(a). The Administrator 

shall take final action to grant or deny an application submitted 

under this paragraph, after public notice and comment, within 

270 days of the receipt of such an application.’’. 

TITLE III—ENERGY SAVINGS THROUGH 

IMPROVED STANDARDS FOR APPLIANCE AND LIGHTING 

Subtitle A—Appliance Energy Efficiency 

SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS. 

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended— 

(1) in paragraph (36)— 

(A) by striking ‘‘(36) The’’ and inserting the following: 

‘‘(36) EXTERNAL POWER SUPPLY.— 

‘‘(A) IN GENERAL.—The’’; and 

(B) by adding at the end the following: 

‘‘(B) ACTIVE MODE.—The term ‘active mode’ means the 

mode of operation when an external power supply is connected to the main electricity supply and the output is 

connected to a load. 

‘‘(C) CLASS A EXTERNAL POWER SUPPLY.— 

‘‘(i) IN GENERAL.—The term ‘class A external power 

supply’ means a device that— 

‘‘(I) is designed to convert line voltage AC 

input into lower voltage AC or DC output; 

‘‘(II) is able to convert to only 1 AC or DC 

output voltage at a time; 

‘‘(III) is sold with, or intended to be used with, 

a separate end-use product that constitutes the 

primary load; 

‘‘(IV) is contained in a separate physical enclosure from the end-use product; 

‘‘(V) is connected to the end-use product via 

a removable or hard-wired male/female electrical 

connection, cable, cord, or other wiring; and 

‘‘(VI) has nameplate output power that is less 

than or equal to 250 watts. 

‘‘(ii) EXCLUSIONS.—The term ‘class A external 

power supply’ does not include any device that— 

Notice. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1550 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(I) requires Federal Food and Drug Administration listing and approval as a medical device 

in accordance with section 513 of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 360c); or 

‘‘(II) powers the charger of a detachable battery pack or charges the battery of a product that 

is fully or primarily motor operated. 

‘‘(D) NO-LOAD MODE.—The term ‘no-load mode’ means 

the mode of operation when an external power supply 

is connected to the main electricity supply and the output 

is not connected to a load.’’; and 

(2) by adding at the end the following: 

‘‘(52) DETACHABLE BATTERY.—The term ‘detachable battery’ 

means a battery that is— 

‘‘(A) contained in a separate enclosure from the 

product; and 

‘‘(B) intended to be removed or disconnected from the 

product for recharging.’’. 

(b) TEST PROCEDURES.—Section 323(b) of the Energy Policy 

and Conservation Act (42 U.S.C. 6293(b)) is amended by adding 

at the end the following: 

‘‘(17) CLASS A EXTERNAL POWER SUPPLIES.—Test procedures 

for class A external power supplies shall be based on the 

‘Test Method for Calculating the Energy Efficiency of SingleVoltage External AC–DC and AC–AC Power Supplies’ published 

by the Environmental Protection Agency on August 11, 2004, 

except that the test voltage specified in section 4(d) of that 

test method shall be only 115 volts, 60 Hz.’’. 

(c) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUPPLIES.—Section 325(u) of the Energy Policy and Conservation Act 

(42 U.S.C. 6295(u)) is amended by adding at the end the following: 

‘‘(6) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER

SUPPLIES.— 

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) 

through (D), a class A external power supply manufactured 

on or after the later of July 1, 2008, or the date of enactment of this paragraph shall meet the following standards: 

‘‘Active Mode 

‘‘Nameplate Output 

Required Efficiency 

(decimal equivalent of a percentage) 

Less than 1 watt 0.5 times the Nameplate Output 

From 1 watt to not more than 51 watts The sum of 0.09 times the Natural 

Logarithm of the Nameplate Output 

and 0.5 

Greater than 51 watts 0.85 

‘‘No-Load Mode 

‘‘Nameplate Output Maximum Consumption 

Not more than 250 watts 0.5 watts 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1551 

‘‘(B) NONCOVERED SUPPLIES.—A class A external power 

supply shall not be subject to subparagraph (A) if the 

class A external power supply is— 

‘‘(i) manufactured during the period beginning on 

July 1, 2008, and ending on June 30, 2015; and 

‘‘(ii) made available by the manufacturer as a 

service part or a spare part for an end-use product— 

‘‘(I) that constitutes the primary load; and 

‘‘(II) was manufactured before July 1, 2008. 

‘‘(C) MARKING.—Any class A external power supply 

manufactured on or after the later of July 1, 2008 or 

the date of enactment of this paragraph shall be clearly 

and permanently marked in accordance with the External 

Power Supply International Efficiency Marking Protocol, 

as referenced in the ‘Energy Star Program Requirements 

for Single Voltage External AC–DC and AC–AC Power 

Supplies, version 1.1’ published by the Environmental 

Protection Agency. 

‘‘(D) AMENDMENT OF STANDARDS.— 

‘‘(i) FINAL RULE BY JULY 1, 2011.— 

‘‘(I) IN GENERAL.—Not later than July 1, 2011, 

the Secretary shall publish a final rule to determine whether the standards established under 

subparagraph (A) should be amended. 

‘‘(II) ADMINISTRATION.—The final rule shall— 

‘‘(aa) contain any amended standards; and 

‘‘(bb) apply to products manufactured on 

or after July 1, 2013. 

‘‘(ii) FINAL RULE BY JULY 1, 2015.— 

‘‘(I) IN GENERAL.—Not later than July 1, 2015 

the Secretary shall publish a final rule to determine whether the standards then in effect should 

be amended. 

‘‘(II) ADMINISTRATION.—The final rule shall— 

‘‘(aa) contain any amended standards; and 

‘‘(bb) apply to products manufactured on 

or after July 1, 2017. 

‘‘(7) END-USE PRODUCTS.—An energy conservation standard 

for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which 

the external power supplies is connected.’’. 

SEC. 302. UPDATING APPLIANCE TEST PROCEDURES. 

(a) CONSUMER APPLIANCES.—Section 323(b)(1) of the Energy 

Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended 

by striking ‘‘(1)’’ and all that follows through the end of the paragraph and inserting the following: 

‘‘(1) TEST PROCEDURES.— 

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

Secretary shall review test procedures for all covered products and— 

‘‘(i) amend test procedures with respect to any 

covered product, if the Secretary determines that 

amended test procedures would more accurately or 

fully comply with the requirements of paragraph (3); 

or 

Deadline. 

Federal Register, 

publication. 

Applicability. 

Publication. 

Applicability. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1552 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) publish notice in the Federal Register of any 

determination not to amend a test procedure.’’. 

(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the Energy 

Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by 

striking ‘‘(a)’’ and all that follows through the end of paragraph 

(1) and inserting the following: 

‘‘(a) PRESCRIPTION BY SECRETARY; REQUIREMENTS.— ‘‘(1) TEST PROCEDURES.— ‘‘(A) AMENDMENT.—At least once every 7 years, the 

Secretary shall conduct an evaluation of each class of covered equipment and— 

‘‘(i) if the Secretary determines that amended test 

procedures would more accurately or fully comply with 

the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with 

this section; or 

‘‘(ii) shall publish notice in the Federal Register 

of any determination not to amend a test procedure.’’. 

SEC. 303. RESIDENTIAL BOILERS. 

Section 325(f) of the Energy Policy and Conservation Act (42 

U.S.C. 6295(f)) is amended— 

(1) in the subsection heading, by inserting ‘‘AND BOILERS’’ 

after ‘‘FURNACES’’; 

(2) by redesignating paragraph (3) as paragraph (4); and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) BOILERS.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), boilers manufactured on or after September 1, 2012, 

shall meet the following requirements: 

Boiler Type Minimum Annual Fuel 

Utilization Efficiency Design Requirements 

Gas Hot Water .................. 82% No Constant Burning 

Pilot, Automatic Means for 

Adjusting Water Temperature 

Gas Steam ....................... 80% No Constant Burning Pilot 

Oil Hot Water ................... 84% Automatic Means for Adjusting Temperature 

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

Electric Hot Water ........... None Automatic Means for Adjusting Temperature 

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

‘‘(B) 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 a tankless domestic water 

heating coil) with automatic means for adjusting the 

temperature of the water supplied by the boiler to 

ensure that an incremental change in inferred heat 

42 USC 6314. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1553 

load produces a corresponding incremental change in 

the temperature of water supplied. 

‘‘(ii) SINGLE INPUT RATE.—For a boiler that fires 

at 1 input rate, the requirements of this subparagraph 

may be satisfied by providing an automatic means 

that allows the burner or heating element to fire only 

when the means has determined that the inferred heat 

load cannot be met by the residual heat of the water 

in the system. 

‘‘(iii) NO INFERRED HEAT LOAD.—When there is no 

inferred heat load with respect to a hot water boiler, 

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

shall limit the temperature of the water in the boiler 

to not more than 140 degrees Fahrenheit. 

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

or (ii) shall be operable only when the automatic means 

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

‘‘(C) EXCEPTION.—A boiler that is manufactured to 

operate without any need for electricity or any electric 

connection, electric gauges, electric pumps, electric wires, 

or electric devices shall not be required to meet the requirements of this paragraph.’’. 

SEC. 304. FURNACE FAN STANDARD PROCESS. 

Paragraph (4)(D) of section 325(f) of the Energy Policy and 

Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 

303(4)) is amended by striking ‘‘the Secretary may’’ and inserting 

‘‘not later than December 31, 2013, the Secretary shall’’. 

SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND 

CLARIFYING STATE AUTHORITY. 

(a) CONSUMER APPLIANCES.—Section 325 of the Energy Policy 

and Conservation Act (42 U.S.C. 6295) is amended by striking 

subsection (m) and inserting the following: 

‘‘(m) AMENDMENT OF STANDARDS.— ‘‘(1) IN GENERAL.—Not later than 6 years after issuance 

of any final rule establishing or amending a standard, as 

required for a product under this part, the Secretary shall 

publish— 

‘‘(A) a notice of the determination of the Secretary 

that standards for the product do not need to be amended, 

based on the criteria established under subsection (n)(2); 

or 

‘‘(B) a notice of proposed rulemaking including new 

proposed standards based on the criteria established under 

subsection (o) and the procedures established under subsection (p). 

‘‘(2) NOTICE.—If the Secretary publishes a notice under 

paragraph (1), the Secretary shall— 

‘‘(A) publish a notice stating that the analysis of the 

Department is publicly available; and 

‘‘(B) provide an opportunity for written comment. 

‘‘(3) AMENDMENT OF STANDARD; NEW DETERMINATION.— 

‘‘(A) AMENDMENT OF STANDARD.—Not later than 2 years 

after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard 

for the product. 

Deadline. 

Publication. 

Public 

information. 

Deadline. 

Publication. 

Notice. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1554 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(B) NEW DETERMINATION.—Not later than 3 years 

after a determination under paragraph (1)(A), the Secretary 

shall make a new determination and publication under 

subparagraph (A) or (B) of paragraph (1). 

‘‘(4) APPLICATION TO PRODUCTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), an amendment prescribed under this subsection shall 

apply to— 

‘‘(i) with respect to refrigerators, refrigeratorfreezers, freezers, room air conditioners, dishwashers, 

clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product 

that is manufactured after the date that is 3 years 

after publication of the final rule establishing an 

applicable standard; and 

‘‘(ii) with respect to central air conditioners, heat 

pumps, water heaters, pool heaters, direct heating 

equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication 

of the final rule establishing an applicable standard. 

‘‘(B) OTHER NEW STANDARDS.—A manufacturer shall 

not be required to apply new standards to a product with 

respect to which other new standards have been required 

during the prior 6-year period. 

‘‘(5) REPORTS.—The Secretary shall promptly submit to the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate— 

‘‘(A) a progress report every 180 days on compliance 

with this section, including a specific plan to remedy any 

failures to comply with deadlines for action established 

under this section; and 

‘‘(B) all required reports to the Court or to any party 

to the Consent Decree in State of New York v Bodman, 

Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 

Civ. 7808.’’. 

(b) INDUSTRIAL EQUIPMENT.—Section 342(a)(6) of the Energy 

Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); and 

(2) by striking ‘‘(6)(A)(i)’’ and all that follows through the 

end of subparagraph (B) and inserting the following: 

‘‘(6) AMENDED ENERGY EFFICIENCY STANDARDS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If 

ASHRAE/IES Standard 90.1 is amended with respect 

to any small commercial package air conditioning and 

heating equipment, large commercial package air 

conditioning and heating equipment, very large 

commercial package air conditioning and heating 

equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous 

water heaters, or unfired hot water storage tanks, 

not later than 180 days after the amendment of the 

standard, the Secretary shall publish in the Federal 

Register for public comment an analysis of the energy 

Federal Register, 

publication. 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1555 

savings potential of amended energy efficiency standards. 

‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD FOR

PRODUCTS.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), not later than 18 months after the 

date of publication of the amendment to the 

ASHRAE/IES Standard 90.1 for a product 

described in clause (i), the Secretary shall establish 

an amended uniform national standard for the 

product at the minimum level specified in the 

amended ASHRAE/IES Standard 90.1. 

‘‘(II) MORE STRINGENT STANDARD.—Subclause 

(I) shall not apply if the Secretary determines, 

by rule published in the Federal Register, and 

supported by clear and convincing evidence, that 

adoption of a uniform national standard more 

stringent than the amended ASHRAE/IES 

Standard 90.1 for the product would result in 

significant additional conservation of energy and 

is technologically feasible and economically justified. 

‘‘(B) RULE.—If the Secretary makes a determination 

described in clause (ii)(II) for a product described in clause 

(i), not later than 30 months after the date of publication 

of the amendment to the ASHRAE/IES Standard 90.1 for 

the product, the Secretary shall issue the rule establishing 

the amended standard. 

‘‘(C) AMENDMENT OF STANDARD.— 

‘‘(i) IN GENERAL.—Not later than 6 years after 

issuance of any final rule establishing or amending 

a standard, as required for a product under this part, 

the Secretary shall publish— 

‘‘(I) a notice of the determination of the Secretary that standards for the product do not need 

to be amended, based on the criteria established 

under subparagraph (A); or 

‘‘(II) a notice of proposed rulemaking including 

new proposed standards based on the criteria and 

procedures established under subparagraph (B). 

‘‘(ii) NOTICE.—If the Secretary publishes a notice 

under clause (i), the Secretary shall— 

‘‘(I) publish a notice stating that the analysis 

of the Department is publicly available; and 

‘‘(II) provide an opportunity for written comment. 

‘‘(iii) AMENDMENT OF STANDARD; NEW DETERMINATION.— 

‘‘(I) AMENDMENT OF STANDARD.—Not later 

than 2 years after a notice is issued under clause 

(i)(II), the Secretary shall publish a final rule 

amending the standard for the product. 

‘‘(II) NEW DETERMINATION.—Not later than 3 

years after a determination under clause (i)(I), the 

Secretary shall make a new determination and 

publication under subclause (I) or (II) of clause 

(i). 

Public 

information. 

Notice. 

Publication. 

Federal Register, 

publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1556 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(iv) APPLICATION TO PRODUCTS.—An amendment 

prescribed under this subsection shall apply to products manufactured after a date that is the later of— 

‘‘(I) the date that is 3 years after publication 

of the final rule establishing a new standard; or 

‘‘(II) the date that is 6 years after the effective 

date of the current standard for a covered product. 

‘‘(v) REPORTS.—The Secretary shall promptly 

submit to the Committee on Energy and Commerce 

of the House of Representatives and the Committee 

on Energy and Natural Resources of the Senate a 

progress report every 180 days on compliance with 

this subparagraph, including a specific plan to remedy 

any failures to comply with deadlines for action established under this subparagraph.’’. 

SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR 

CONDITIONERS, AND HEAT PUMPS. 

(a) IN GENERAL.—Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the 

end the following: 

‘‘(6) REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR

CONDITIONERS, AND HEAT PUMPS.— 

‘‘(A) IN GENERAL.—In any rulemaking to establish a 

new or amended standard, the Secretary may consider 

the establishment of separate standards by geographic 

region for furnaces (except boilers), central air conditioners, 

and heat pumps. 

‘‘(B) NATIONAL AND REGIONAL STANDARDS.— 

‘‘(i) NATIONAL STANDARD.—If the Secretary establishes a regional standard for a product, the Secretary 

shall establish a base national standard for the 

product. 

‘‘(ii) REGIONAL STANDARDS.—If the Secretary establishes a regional standard for a product, the Secretary 

may establish more restrictive standards for the 

product by geographic region as follows: 

‘‘(I) For furnaces, the Secretary may establish 

1 additional standard that is applicable in a 

geographic region defined by the Secretary. 

‘‘(II) For any cooling product, the Secretary 

may establish 1 or 2 additional standards that 

are applicable in 1 or 2 geographic regions as 

may be defined by the Secretary. 

‘‘(C) BOUNDARIES OF GEOGRAPHIC REGIONS.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the boundaries of additional geographic regions established by 

the Secretary under this paragraph shall include only 

contiguous States. 

‘‘(ii) ALASKA AND HAWAII.—The States of Alaska 

and Hawaii may be included under this paragraph 

in a geographic region that the States are not contiguous to. 

‘‘(iii) INDIVIDUAL STATES.—Individual States shall 

be placed only into a single region under this paragraph. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1557 

‘‘(D) PREREQUISITES.—In establishing additional 

regional standards under this paragraph, the Secretary 

shall— 

‘‘(i) establish additional regional standards only 

if the Secretary determines that— 

‘‘(I) the establishment of additional regional 

standards will produce significant energy savings 

in comparison to establishing only a single national 

standard; and 

‘‘(II) the additional regional standards are 

economically justified under this paragraph; and 

‘‘(ii) consider the impact of the additional regional 

standards on consumers, manufacturers, and other 

market participants, including product distributors, 

dealers, contractors, and installers. 

‘‘(E) APPLICATION; EFFECTIVE DATE.— ‘‘(i) BASE NATIONAL STANDARD.—Any base national 

standard established for a product under this paragraph shall— 

‘‘(I) be the minimum standard for the product; 

and 

‘‘(II) apply to all products manufactured or 

imported into the United States on and after the 

effective date for the standard. 

‘‘(ii) REGIONAL STANDARDS.—Any additional and 

more restrictive regional standard established for a 

product under this paragraph shall apply to any such 

product installed on or after the effective date of the 

standard in States in which the Secretary has designated the standard to apply. 

‘‘(F) CONTINUATION OF REGIONAL STANDARDS.— 

‘‘(i) IN GENERAL.—In any subsequent rulemaking 

for any product for which a regional standard has 

been previously established, the Secretary shall determine whether to continue the establishment of separate regional standards for the product. 

‘‘(ii) REGIONAL STANDARD NO LONGER APPROPRIATE.—Except as provided in clause (iii), if the Secretary determines that regional standards are no 

longer appropriate for a product, beginning on the 

effective date of the amended standard for the 

product— 

‘‘(I) there shall be 1 base national standard 

for the product with Federal enforcement; and 

‘‘(II) State authority for enforcing a regional 

standard for the product shall terminate. 

‘‘(iii) REGIONAL STANDARD APPROPRIATE BUT

STANDARD OR REGION CHANGED.— 

‘‘(I) STATE NO LONGER CONTAINED IN REGION.— 

Subject to subclause (III), if a State is no longer 

contained in a region in which a regional standard 

that is more stringent than the base national 

standard applies, the authority of the State to 

enforce the regional standard shall terminate. 

‘‘(II) STANDARD OR REGION REVISED SO THAT

EXISTING REGIONAL STANDARD EQUALS BASE

NATIONAL STANDARD.—If the Secretary revises a 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1558 PUBLIC LAW 110–140—DEC. 19, 2007 

base national standard for a product or the 

geographic definition of a region so that an existing 

regional standard for a State is equal to the revised 

base national standard— 

‘‘(aa) the authority of the State to enforce 

the regional standard shall terminate on the 

effective date of the revised base national 

standard; and 

‘‘(bb) the State shall be subject to the 

revised base national standard. 

‘‘(III) STANDARD OR REGION REVISED SO THAT

EXISTING REGIONAL STANDARD EQUALS BASE

NATIONAL STANDARD.—If the Secretary revises a 

base national standard for a product or the 

geographic definition of a region so that the 

standard for a State is lower than the previously 

approved regional standard, the State may continue to enforce the previously approved standard 

level. 

‘‘(iv) WAIVER OF FEDERAL PREEMPTION.—Nothing 

in this paragraph diminishes the authority of a State 

to enforce a State regulation for which a waiver of 

Federal preemption has been granted under section 

327(d). 

‘‘(G) ENFORCEMENT.— 

‘‘(i) BASE NATIONAL STANDARD.— 

‘‘(I) IN GENERAL.—The Secretary shall enforce 

any base national standard. 

‘‘(II) TRADE ASSOCIATION CERTIFICATION PROGRAMS.—In enforcing the base national standard, 

the Secretary shall use, to the maximum extent 

practicable, national standard nationally recognized certification programs of trade associations. 

‘‘(ii) REGIONAL STANDARDS.— 

‘‘(I) ENFORCEMENT PLAN.—Not later than 90 

days after the date of the issuance of a final rule 

that establishes a regional standard, the Secretary 

shall initiate a rulemaking to develop and implement an effective enforcement plan for regional 

standards for the products that are covered by 

the final rule. 

‘‘(II) RESPONSIBLE ENTITIES.—Any rules 

regarding enforcement of a regional standard shall 

clearly specify which entities are legally responsible for compliance with the standards and for 

making any required information or labeling 

disclosures. 

‘‘(III) FINAL RULE.—Not later than 15 months 

after the date of the issuance of a final rule that 

establishes a regional standard for a product, the 

Secretary shall promulgate a final rule covering 

enforcement of regional standards for the product. 

‘‘(IV) INCORPORATION BY STATES AND LOCALITIES.—A State or locality may incorporate any 

Federal regional standard into State or local 

building codes or State appliance standards. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1559 

‘‘(V) STATE ENFORCEMENT.—A State agency 

may seek enforcement of a Federal regional 

standard in a Federal court of competent jurisdiction. 

‘‘(H) INFORMATION DISCLOSURE.— 

‘‘(i) IN GENERAL.—Not later than 90 days after 

the date of the publication of a final rule that establishes a regional standard for a product, the Federal 

Trade Commission shall undertake a rulemaking to 

determine the appropriate 1 or more methods for disclosing information so that consumers, distributors, 

contractors, and installers can easily determine 

whether a specific piece of equipment that is installed 

in a specific building is in conformance with the 

regional standard that applies to the building. 

‘‘(ii) METHODS.—A method of disclosing information under clause (i) may include— 

‘‘(I) modifications to the Energy Guide label; 

or 

‘‘(II) other methods that make it easy for consumers and installers to use and understand at 

the point of installation. 

‘‘(iii) COMPLETION OF RULEMAKING.—The rulemaking shall be completed not later 15 months after 

the date of the publication of a final rule that establishes a regional standard for a product.’’. 

(b) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and 

Conservation Act (42 U.S.C. 6302(a)) is amended— 

(1) in paragraph (4), by striking ‘‘or’’ after the semicolon 

at the end; 

(2) in paragraph (5), by striking ‘‘part.’’ and inserting ‘‘part, 

except to the extent that the new covered product is covered 

by a regional standard that is more stringent than the base 

national standard; or’’; and 

(3) by adding at the end the following: 

‘‘(6) for any manufacturer or private labeler to knowingly 

sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard 

applicable to the product.’’. 

(c) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42 

U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following: 

‘‘(iii) CONSIDERATION OF PRICES AND OPERATING

PATTERNS.—If the Secretary is considering revised 

standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with 

less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.’’. 

SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS. 

Section 325(p) of the Energy Policy and Conservation Act (42 

U.S.C. 6925(p)) is amended— 

(1) by striking paragraph (1); and 

42 USC 6295. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1560 PUBLIC LAW 110–140—DEC. 19, 2007 

(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 

SEC. 308. EXPEDITED RULEMAKINGS. 

(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.—Section 325(p) of the Energy Policy and Conservation Act 

(42 U.S.C. 6295(p)) (as amended by section 307) is amended by 

adding at the end the following: 

‘‘(4) DIRECT FINAL RULES.— 

‘‘(A) IN GENERAL.—On receipt of a statement that is 

submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and 

efficiency advocates), as determined by the Secretary, and 

contains recommendations with respect to an energy or 

water conservation standard— 

‘‘(i) if the Secretary determines that the recommended standard contained in the statement is in 

accordance with subsection (o) or section 342(a)(6)(B), 

as applicable, the Secretary may issue a final rule 

that establishes an energy or water conservation 

standard and is published simultaneously with a notice 

of proposed rulemaking that proposes a new or 

amended energy or water conservation standard that 

is identical to the standard established in the final 

rule to establish the recommended standard (referred 

to in this paragraph as a ‘direct final rule’); or 

‘‘(ii) if the Secretary determines that a direct final 

rule cannot be issued based on the statement, the 

Secretary shall publish a notice of the determination, 

together with an explanation of the reasons for the 

determination. 

‘‘(B) PUBLIC COMMENT.—The Secretary shall solicit 

public comment for a period of at least 110 days with 

respect to each direct final rule issued by the Secretary 

under subparagraph (A)(i). 

‘‘(C) WITHDRAWAL OF DIRECT FINAL RULES.— 

‘‘(i) IN GENERAL.—Not later than 120 days after 

the date on which a direct final rule issued under 

subparagraph (A)(i) is published in the Federal Register, the Secretary shall withdraw the direct final 

rule if— 

‘‘(I) the Secretary receives 1 or more adverse 

public comments relating to the direct final rule 

under subparagraph (B)(i) or any alternative joint 

recommendation; and 

‘‘(II) based on the rulemaking record relating 

to the direct final rule, the Secretary determines 

that such adverse public comments or alternative 

joint recommendation may provide a reasonable 

basis for withdrawing the direct final rule under 

subsection (o), section 342(a)(6)(B), or any other 

applicable law. 

‘‘(ii) ACTION ON WITHDRAWAL.—On withdrawal of 

a direct final rule under clause (i), the Secretary shall— 

Deadline. 

Federal Register, 

publication. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1561 

‘‘(I) proceed with the notice of proposed rulemaking published simultaneously with the direct 

final rule as described in subparagraph (A)(i); and 

‘‘(II) publish in the Federal Register the reasons why the direct final rule was withdrawn. 

‘‘(iii) TREATMENT OF WITHDRAWN DIRECT FINAL

RULES.—A direct final rule that is withdrawn under 

clause (i) shall not be considered to be a final rule 

for purposes of subsection (o). 

‘‘(D) EFFECT OF PARAGRAPH.—Nothing in this paragraph authorizes the Secretary to issue a direct final rule 

based solely on receipt of more than 1 statement containing 

recommended standards relating to the direct final rule.’’. 

(b) CONFORMING AMENDMENT.—Section 345(b)(1) of the Energy 

Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended 

in the first sentence by inserting ‘‘section 325(p)(5),’’ after ‘‘The 

provisions of’’. 

SEC. 309. BATTERY CHARGERS. 

Section 325(u)(1)(E) of the Energy Policy and Conservation 

Act (42 U.S.C. 6295(u)(1)(E)) is amended— 

(1) by striking ‘‘(E)(i) Not’’ and inserting the following: 

‘‘(E) EXTERNAL POWER SUPPLIES AND BATTERY CHAR- GERS.— ‘‘(i) ENERGY CONSERVATION STANDARDS.— ‘‘(I) EXTERNAL POWER SUPPLIES.—Not’’; 

(2) by striking ‘‘3 years’’ and inserting ‘‘2 years’’; 

(3) by striking ‘‘battery chargers and’’ each place it appears; 

and 

(4) by adding at the end the following: 

‘‘(II) BATTERY CHARGERS.—Not later than July 

1, 2011, the Secretary shall issue a final rule that 

prescribes energy conservation standards for battery chargers or classes of battery chargers or 

determine that no energy conservation standard 

is technically feasible and economically justified.’’. 

SEC. 310. STANDBY MODE. 

Section 325 of the Energy Policy and Conservation Act (42 

U.S.C. 6295) is amended— 

(1) in subsection (u)— 

(A) by striking paragraphs (2), (3), and (4); and 

(B) by redesignating paragraphs (5) and (6) as paragraphs (2) and (3), respectively; 

(2) by redesignating subsection (gg) as subsection (hh); 

(3) by inserting after subsection (ff) the following: 

‘‘(gg) STANDBY MODE ENERGY USE.— ‘‘(1) DEFINITIONS.— ‘‘(A) IN GENERAL.—Unless the Secretary determines 

otherwise pursuant to subparagraph (B), in this subsection: 

‘‘(i) ACTIVE MODE.—The term ‘active mode’ means 

the condition in which an energy-using product— 

‘‘(I) is connected to a main power source; 

‘‘(II) has been activated; and 

‘‘(III) provides 1 or more main functions. 

‘‘(ii) OFF MODE.—The term ‘off mode’ means the 

condition in which an energy-using product— 

‘‘(I) is connected to a main power source; and 

Deadline. 

Regulations. 

Federal Register, 

publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1562 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(II) is not providing any standby or active 

mode function. 

‘‘(iii) STANDBY MODE.—The term ‘standby mode’ 

means the condition in which an energy-using 

product— 

‘‘(I) is connected to a main power source; and 

‘‘(II) offers 1 or more of the following useroriented or protective functions: 

‘‘(aa) To facilitate the activation or deactivation of other functions (including active 

mode) by remote switch (including remote control), internal sensor, or timer. 

‘‘(bb) Continuous functions, including 

information or status displays (including 

clocks) or sensor-based functions. 

‘‘(B) AMENDED DEFINITIONS.—The Secretary may, by 

rule, amend the definitions under subparagraph (A), taking 

into consideration the most current versions of Standards 

62301 and 62087 of the International Electrotechnical 

Commission. 

‘‘(2) TEST PROCEDURES.— 

‘‘(A) IN GENERAL.—Test procedures for all covered products shall be amended pursuant to section 323 to include 

standby mode and off mode energy consumption, taking 

into consideration the most current versions of Standards 

62301 and 62087 of the International Electrotechnical 

Commission, with such energy consumption integrated into 

the overall energy efficiency, energy consumption, or other 

energy descriptor for each covered product, unless the Secretary determines that— 

‘‘(i) the current test procedures for a covered 

product already fully account for and incorporate the 

standby mode and off mode energy consumption of 

the covered product; or 

‘‘(ii) such an integrated test procedure is technically infeasible for a particular covered product, in 

which case the Secretary shall prescribe a separate 

standby mode and off mode energy use test procedure 

for the covered product, if technically feasible. 

‘‘(B) DEADLINES.—The test procedure amendments 

required by subparagraph (A) shall be prescribed in a final 

rule no later than the following dates: 

‘‘(i) December 31, 2008, for battery chargers and 

external power supplies. 

‘‘(ii) March 31, 2009, for clothes dryers, room air 

conditioners, and fluorescent lamp ballasts. 

‘‘(iii) June 30, 2009, for residential clothes washers. 

‘‘(iv) September 30, 2009, for residential furnaces 

and boilers. 

‘‘(v) March 31, 2010, for residential water heaters, 

direct heating equipment, and pool heaters. 

‘‘(vi) March 31, 2011, for residential dishwashers, 

ranges and ovens, microwave ovens, and dehumidifiers. 

‘‘(C) PRIOR PRODUCT STANDARDS.—The test procedure 

amendments adopted pursuant to subparagraph (B) shall 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1563 

not be used to determine compliance with product standards established prior to the adoption of the amended test 

procedures. 

‘‘(3) INCORPORATION INTO STANDARD.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), based 

on the test procedures required under paragraph (2), any 

final rule establishing or revising a standard for a covered 

product, adopted after July 1, 2010, shall incorporate 

standby mode and off mode energy use into a single 

amended or new standard, pursuant to subsection (o), if 

feasible. 

‘‘(B) SEPARATE STANDARDS.—If not feasible, the Secretary shall prescribe within the final rule a separate 

standard for standby mode and off mode energy consumption, if justified under subsection (o).’’; and 

(4) in paragraph (2) of subsection (hh) (as redesignated 

by paragraph (2)), by striking ‘‘(ff)’’ each place it appears and 

inserting ‘‘(gg)’’. 

SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES. 

(a) APPLIANCES.— 

(1) DEHUMIDIFIERS.—Section 325(cc) of the Energy Policy 

and Conservation Act (42 U.S.C. 6295(cc)) is amended by 

striking paragraph (2) and inserting the following: 

‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER

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

2012, shall have an Energy Factor that meets or exceeds the 

following values: 

‘‘Product Capacity (pints/day): Minimum Energy 

Factor (liters/ 

kWh)

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

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

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

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

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

(2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISHWASHERS.—Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended by adding at the 

end the following: 

‘‘(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR

AFTER JANUARY 1, 2011.— 

‘‘(A) IN GENERAL.—A top-loading or front-loading 

standard-size 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. 

‘‘(B) AMENDMENT OF STANDARDS.— 

‘‘(i) IN GENERAL.—Not later than December 31, 

2011, the Secretary shall publish a final rule determining whether to amend the standards in effect for 

clothes washers manufactured on or after January 1, 

2015. 

Deadline. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1564 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) AMENDED STANDARDS.—The final rule shall 

contain any amended standards. 

‘‘(10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR

AFTER JANUARY 1, 2010.— ‘‘(A) IN GENERAL.—A dishwasher manufactured on or 

after January 1, 2010, shall— 

‘‘(i) for a standard size dishwasher not exceed 355 

kWh/year and 6.5 gallons per cycle; and 

‘‘(ii) for a compact size dishwasher not exceed 260 

kWh/year and 4.5 gallons per cycle. 

‘‘(B) AMENDMENT OF STANDARDS.— ‘‘(i) IN GENERAL.—Not later than January 1, 2015, 

the Secretary shall publish a final rule determining 

whether to amend the standards for dishwashers 

manufactured on or after January 1, 2018. 

‘‘(ii) AMENDED STANDARDS.—The final rule shall 

contain any amended standards.’’. 

(3) REFRIGERATORS AND FREEZERS.—Section 325(b) of the 

Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is 

amended by adding at the end the following: 

‘‘(4) REFRIGERATORS AND FREEZERS MANUFACTURED ON OR

AFTER JANUARY 1, 2014.— 

‘‘(A) IN GENERAL.—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. 

‘‘(B) AMENDED STANDARDS.—The final rule shall contain any amended standards.’’. 

(b) ENERGY STAR.—Section 324A(d)(2) of the Energy Policy 

and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking 

‘‘January 1, 2010’’ and inserting ‘‘July 1, 2009’’. 

SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS. 

(a) DEFINITIONS.—Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraphs (G) through (K) 

as subparagraphs (H) through (L), respectively; and 

(B) by inserting after subparagraph (F) the following: 

‘‘(G) Walk-in coolers and walk-in freezers.’’; 

(2) by redesignating paragraphs (20) and (21) as paragraphs 

(21) and (22), respectively; and 

(3) by inserting after paragraph (19) the following: 

‘‘(20) WALK-IN COOLER; WALK-IN FREEZER.— 

‘‘(A) IN GENERAL.—The terms ‘walk-in cooler’ and ‘walkin freezer’ mean an enclosed storage space refrigerated 

to temperatures, respectively, above, and at or below 32 

degrees Fahrenheit that can be walked into, and has a 

total chilled storage area of less than 3,000 square feet. 

‘‘(B) EXCLUSION.—The terms ‘walk-in cooler’ and ‘walkin freezer’ do not include products designed and marketed 

exclusively for medical, scientific, or research purposes.’’. 

(b) STANDARDS.—Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end 

the following: 

‘‘(f) WALK-IN COOLERS AND WALK-IN FREEZERS.— 

Deadline. 

Regulations. 

Deadline. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1565 

‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (5), 

each walk-in cooler or walk-in freezer manufactured on or 

after January 1, 2009, shall— 

‘‘(A) have automatic door closers that firmly close all 

walk-in doors that have been closed to within 1 inch of 

full closure, except that this subparagraph shall not apply 

to doors wider than 3 feet 9 inches or taller than 7 feet; 

‘‘(B) have strip doors, spring hinged doors, or other 

method of minimizing infiltration when doors are open; 

‘‘(C) contain wall, ceiling, and door insulation of at 

least R–25 for coolers and R–32 for freezers, except that 

this subparagraph shall not apply to glazed portions of 

doors nor to structural members; 

‘‘(D) contain floor insulation of at least R–28 for 

freezers; 

‘‘(E) for evaporator fan motors of under 1 horsepower 

and less than 460 volts, use— 

‘‘(i) electronically commutated motors (brushless 

direct current motors); or 

‘‘(ii) 3-phase motors; 

‘‘(F) for condenser fan motors of under 1 horsepower, 

use— 

‘‘(i) electronically commutated motors; 

‘‘(ii) permanent split capacitor-type motors; or 

‘‘(iii) 3-phase motors; and 

‘‘(G) for all interior lights, use light sources with an 

efficacy of 40 lumens per watt or more, including ballast 

losses (if any), except that light sources with an efficacy 

of 40 lumens per watt or less, including ballast losses 

(if any), may be used in conjunction with a timer or device 

that turns off the lights within 15 minutes of when the 

walk-in cooler or walk-in freezer is not occupied by people. 

‘‘(2) ELECTRONICALLY COMMUTATED MOTORS.— 

‘‘(A) IN GENERAL.—The requirements of paragraph 

(1)(E)(i) for electronically commutated motors shall take 

effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 

1 manufacturer. 

‘‘(B) OTHER TYPES OF MOTORS.—In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may 

allow other types of motors if the Secretary determines 

that, on average, those other motors use no more energy 

in evaporator fan applications than electronically commutated motors. 

‘‘(C) MAXIMUM ENERGY CONSUMPTION LEVEL.—The Secretary shall establish the maximum energy consumption 

level under subparagraph (B) not later than January 1, 

2010. 

‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk-in cooler or 

walk-in freezer with transparent reach-in doors manufactured 

on or after January 1, 2009, shall also meet the following 

specifications: 

‘‘(A) Transparent reach-in doors for walk-in freezers 

and windows in walk-in freezer doors shall be of triplepane glass with either heat-reflective treated glass or gas 

fill. 

Deadline. 

Effective date. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1566 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(B) Transparent reach-in doors for walk-in coolers 

and windows in walk-in cooler doors shall be— 

‘‘(i) double-pane glass with heat-reflective treated 

glass and gas fill; or 

‘‘(ii) triple-pane glass with either heat-reflective 

treated glass or gas fill. 

‘‘(C) If the appliance has an antisweat heater without 

antisweat heat controls, the appliance shall have a total 

door rail, glass, and frame heater power draw of not more 

than 7.1 watts per square foot of door opening (for freezers) 

and 3.0 watts per square foot of door opening (for coolers). 

‘‘(D) If the appliance has an antisweat heater with 

antisweat heat controls, and the total door rail, glass, and 

frame heater power draw is more than 7.1 watts per square 

foot of door opening (for freezers) and 3.0 watts per square 

foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater 

in a quantity corresponding to the relative humidity in 

the air outside the door or to the condensation on the 

inner glass pane. 

‘‘(4) PERFORMANCE-BASED STANDARDS.— 

‘‘(A) IN GENERAL.—Not later than January 1, 2012, 

the Secretary shall publish performance-based standards 

for walk-in coolers and walk-in freezers that achieve the 

maximum improvement in energy that the Secretary determines is technologically feasible and economically justified. 

‘‘(B) APPLICATION.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the standards shall apply to products described 

in subparagraph (A) that are manufactured beginning 

on the date that is 3 years after the final rule is 

published. 

‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 

determines, by rule, that a 3-year period is inadequate, 

the Secretary may establish an effective date for products manufactured beginning on the date that is not 

more than 5 years after the date of publication of 

a final rule for the products. 

‘‘(5) AMENDMENT OF STANDARDS.— 

‘‘(A) IN GENERAL.—Not later than January 1, 2020, 

the Secretary shall publish a final rule to determine if 

the standards established under paragraph (4) should be 

amended. 

‘‘(B) APPLICATION.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the rule shall provide that the standards shall 

apply to products manufactured beginning on the date 

that is 3 years after the final rule is published. 

‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 

determines, by rule, that a 3-year period is inadequate, 

the Secretary may establish an effective date for products manufactured beginning on the date that is not 

more than 5 years after the date of publication of 

a final rule for the products.’’. 

(c) TEST PROCEDURES.—Section 343(a) of the Energy Policy 

and Conservation Act (42 U.S.C. 6314(a)) is amended by adding 

at the end the following: 

Deadline. 

Publication. 

Regulations. 

Deadline. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1567 

‘‘(9) WALK-IN COOLERS AND WALK-IN FREEZERS.— ‘‘(A) IN GENERAL.—For the purpose of test procedures 

for walk-in coolers and walk-in freezers: 

‘‘(i) The R value shall be the 1/K factor multiplied 

by the thickness of the panel. 

‘‘(ii) The K factor shall be based on ASTM test 

procedure C518–2004. 

‘‘(iii) For calculating the R value for freezers, the 

K factor of the foam at 20°F (average foam temperature) shall be used. 

‘‘(iv) For calculating the R value for coolers, the 

K factor of the foam at 55°F (average foam temperature) shall be used. 

‘‘(B) TEST PROCEDURE.— ‘‘(i) IN GENERAL.—Not later than January 1, 2010, 

the Secretary shall establish a test procedure to 

measure the energy-use of walk-in coolers and walkin freezers. 

‘‘(ii) COMPUTER MODELING.—The test procedure 

may be based on computer modeling, if the computer 

model or models have been verified using the results 

of laboratory tests on a significant sample of walkin coolers and walk-in freezers.’’. 

(d) LABELING.—Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘walkin coolers and walk-in freezers,’’ after ‘‘commercial clothes washers,’’ 

each place it appears. 

(e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION.—Section 345 of the Energy Policy and Conservation Act (42 

U.S.C. 6316) is amended— 

(1) by striking ‘‘subparagraphs (B), (C), (D), (E), and (F)’’ 

each place it appears and inserting ‘‘subparagraphs (B) through 

(G)’’; and 

(2) by adding at the end the following: 

‘‘(h) WALK-IN COOLERS AND WALK-IN FREEZERS.— ‘‘(1) COVERED TYPES.— 

‘‘(A) RELATIONSHIP TO OTHER LAW.— 

‘‘(i) IN GENERAL.—Except as otherwise provided 

in this subsection, section 327 shall apply to walkin coolers and walk-in freezers for which standards 

have been established under paragraphs (1), (2), and 

(3) of section 342(f) to the same extent and in the 

same manner as the section applies under part A on 

the date of enactment of this subsection. 

‘‘(ii) STATE STANDARDS.—Any State standard prescribed before the date of enactment of this subsection 

shall not be preempted until the standards established 

under paragraphs (1) and (2) of section 342(f) take 

effect. 

‘‘(B) ADMINISTRATION.—In applying section 327 to 

equipment under subparagraph (A), paragraphs (1), (2), 

and (3) of subsection (a) shall apply. 

‘‘(2) FINAL RULE NOT TIMELY.— 

‘‘(A) IN GENERAL.—If the Secretary does not issue a 

final rule for a specific type of walk-in cooler or walkin freezer within the timeframe established under paragraph (4) or (5) of section 342(f), subsections (b) and (c) 

Applicability. 

Applicability. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1568 PUBLIC LAW 110–140—DEC. 19, 2007 

of section 327 shall no longer apply to the specific type 

of walk-in cooler or walk-in freezer during the period— 

‘‘(i) beginning on the day after the scheduled date 

for a final rule; and 

‘‘(ii) ending on the date on which the Secretary 

publishes a final rule covering the specific type of 

walk-in cooler or walk-in freezer. 

‘‘(B) STATE STANDARDS.—Any State standard issued 

before the publication of the final rule shall not be preempted until the standards established in the final rule 

take effect. 

‘‘(3) CALIFORNIA.—Any standard issued in the State of California before January 1, 2011, under title 20 of the California 

Code of Regulations, that refers to walk-in coolers and walkin freezers, for which standards have been established under 

paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under section 342(f)(3) 

take effect.’’. 

SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS. 

(a) DEFINITIONS.—Section 340(13) of the Energy Policy and 

Conservation Act (42 U.S.C. 6311(13)) is amended— 

(1) by redesignating subparagraphs (B) through (H) as 

subparagraphs (C) through (I), respectively; and 

(2) by striking ‘‘(13)(A)’’ and all that follows through the 

end of subparagraph (A) and inserting the following: 

‘‘(13) ELECTRIC MOTOR.— 

‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).— 

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

any motor that meets the definition of ‘General Purpose’ 

as established in the final rule issued by the Department 

of Energy entitled ‘Energy Efficiency Program for Certain 

Commercial and Industrial Equipment: Test Procedures, 

Labeling, and Certification Requirements for Electric 

Motors’ (10 CFR 431), as in effect on the date of enactment 

of the Energy Independence and Security Act of 2007. 

‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).— 

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

means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured 

as 1 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 motor 

(as tested in a horizontal configuration). 

‘‘(vi) An 8-pole motor (900 rpm). 

‘‘(vii) A poly-phase motor with voltage of not more 

than 600 volts (other than 230 or 460 volts.’’. 

(b) STANDARDS.— (1) AMENDMENTS.—Section 342(b) of the Energy Policy and 

Conservation Act (42 U.S.C. 6313(b)) is amended— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) ELECTRIC MOTORS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1569 

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

Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 

1 horsepower or greater, but not greater 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 the Energy Independence and 

Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG– 

1 (2006) Table 12–12. 

‘‘(B) FIRE PUMP MOTORS.—Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of 

enactment of the Energy Independence and Security Act 

of 2007 shall have nominal full load efficiency that is 

not less than as defined in NEMA MG–1 (2006) Table 

12–11. 

‘‘(C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE

II).—Each general purpose electric motor (subtype II) with 

a power rating of 1 horsepower or greater, but not greater 

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 the Energy Independence and Security Act of 2007, shall have a nominal full 

load efficiency that is not less than as defined in NEMA 

MG–1 (2006) Table 12–11. 

‘‘(D) NEMA DESIGN B, GENERAL PURPOSE ELECTRIC

MOTORS.—Each NEMA Design B, general purpose electric 

motor with a power rating of more than 200 horsepower, 

but not greater than 500 horsepower, manufactured (alone 

or as a component of another piece of equipment) after 

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

the Energy Independence and Security Act of 2007, shall 

have a nominal full load efficiency that is not less than 

as defined in NEMA MG–1 (2006) Table 12–11.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) take effect on the date that is 3 years after the date 

of enactment of this Act. 

SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND HEAT PUMPS. 

(a) DEFINITIONS.—Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended by adding at the end 

the following: 

‘‘(22) SINGLE PACKAGE VERTICAL AIR CONDITIONER.—The 

term ‘single package vertical air conditioner’ means air-cooled 

commercial package air conditioning and heating equipment 

that— 

‘‘(A) is factory-assembled as a single package that— 

‘‘(i) has major components that are arranged 

vertically; 

‘‘(ii) is an encased combination of cooling and 

optional heating components; and 

‘‘(iii) is intended for exterior mounting on, adjacent 

interior to, or through an outside wall; 

‘‘(B) is powered by a single- or 3-phase current; 

42 USC 6313 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1570 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(C) may contain 1 or more separate indoor grilles, 

outdoor louvers, various ventilation options, indoor free 

air discharges, ductwork, well plenum, or sleeves; and 

‘‘(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not 

include reverse cycle refrigeration as a heating means. 

‘‘(23) SINGLE PACKAGE VERTICAL HEAT PUMP.—The term 

‘single package vertical heat pump’ means a single package 

vertical air conditioner that— 

‘‘(A) uses reverse cycle refrigeration as its primary 

heat source; and 

‘‘(B) may include secondary supplemental heating by 

means of electrical resistance, steam, hot water, or gas.’’. 

(b) STANDARDS.—Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended— 

(1) in the first sentence of each of paragraphs (1) and 

(2), by inserting ‘‘(including single package vertical air conditioners and single package vertical heat pumps)’’ after ‘‘heating 

equipment’’ each place it appears; 

(2) in paragraph (1), by striking ‘‘but before January 1, 

2010,’’; 

(3) in the first sentence of each of paragraphs (7), (8), 

and (9), by inserting ‘‘(other than single package vertical air 

conditioners and single package vertical heat pumps)’’ after 

‘‘heating equipment’’ each place it appears; 

(4) in paragraph (7)— 

(A) by striking ‘‘manufactured on or after January 

1, 2010,’’; 

(B) in each of subparagraphs (A), (B), and (C), by 

striking ‘‘The’’ and inserting ‘‘For equipment manufactured 

on or after January 1, 2010, the’’; and 

(C) by adding at the end the following: 

‘‘(D) For equipment manufactured on or after the later 

of January 1, 2008, or the date that is 180 days after the 

date of enactment of the Energy Independence and Security 

Act of 2007— 

‘‘(i) the minimum seasonal energy efficiency ratio of 

air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu 

per hour (cooling capacity), split systems, shall be 13.0; 

‘‘(ii) the minimum seasonal energy efficiency ratio of 

air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu 

per hour (cooling capacity), single package, shall be 13.0; 

‘‘(iii) the minimum heating seasonal performance factor 

of air-cooled 3-phase electric central air conditioning heat 

pumps less than 65,000 Btu per hour (cooling capacity), 

split systems, shall be 7.7; and 

‘‘(iv) the minimum heating seasonal performance factor 

of air-cooled 3-phase electric central air conditioning heat 

pumps less than 65,000 Btu per hour (cooling capacity), 

single package, shall be 7.7.’’; and 

(5) by adding at the end the following: 

‘‘(10) SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND

SINGLE PACKAGE VERTICAL HEAT PUMPS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1571 

‘‘(A) IN GENERAL.—Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following 

standards: 

‘‘(i) The minimum energy efficiency ratio of single 

package vertical air conditioners less than 65,000 Btu 

per hour (cooling capacity), single-phase, shall be 9.0. 

‘‘(ii) The minimum energy efficiency ratio of single 

package vertical air conditioners less than 65,000 Btu 

per hour (cooling capacity), 3-phase, shall be 9.0. 

‘‘(iii) The minimum energy efficiency ratio of single 

package vertical air conditioners at or above 65,000 

Btu per hour (cooling capacity) but less than 135,000 

Btu per hour (cooling capacity), shall be 8.9. 

‘‘(iv) The minimum energy efficiency ratio of single 

package vertical air conditioners at or above 135,000 

Btu per hour (cooling capacity) but less than 240,000 

Btu per hour (cooling capacity), shall be 8.6. 

‘‘(v) The minimum energy efficiency ratio of single 

package vertical heat pumps less than 65,000 Btu per 

hour (cooling capacity), single-phase, shall be 9.0 and 

the minimum coefficient of performance in the heating 

mode shall be 3.0. 

‘‘(vi) The minimum energy efficiency ratio of single 

package vertical heat pumps less than 65,000 Btu per 

hour (cooling capacity), 3-phase, shall be 9.0 and the 

minimum coefficient of performance in the heating 

mode shall be 3.0. 

‘‘(vii) The minimum energy efficiency ratio of single 

package vertical heat pumps at or above 65,000 Btu 

per hour (cooling capacity) but less than 135,000 Btu 

per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode 

shall be 3.0. 

‘‘(viii) The minimum energy efficiency ratio of 

single package vertical heat pumps at or above 135,000 

Btu per hour (cooling capacity) but less than 240,000 

Btu per hour (cooling capacity), shall be 8.6 and the 

minimum coefficient of performance in the heating 

mode shall be 2.9. 

‘‘(B) REVIEW.—Not later than 3 years after the date 

of enactment of this paragraph, the Secretary shall review 

the most recently published ASHRAE/IES Standard 90.1 

with respect to single package vertical air conditioners 

and single package vertical heat pumps in accordance with 

the procedures established under paragraph (6).’’. 

SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND 

BUILDINGS IN COLD CLIMATES. 

(a) RESEARCH.—Section 911(a)(2) of the Energy Policy Act of 

2005 (42 U.S.C. 16191(a)(2)) is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ at the end; 

(2) in subparagraph (D), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(E) technologies to improve the energy efficiency of 

appliances and mechanical systems for buildings in cold 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1572 PUBLIC LAW 110–140—DEC. 19, 2007 

climates, including combined heat and power units and 

increased use of renewable resources, including fuel.’’. 

(b) REBATES.—Section 124 of the Energy Policy Act of 2005 

(42 U.S.C. 15821) is amended— 

(1) in subsection (b)(1), by inserting ‘‘, or products with 

improved energy efficiency in cold climates,’’ after ‘‘residential 

Energy Star products’’; and 

(2) in subsection (e), by inserting ‘‘or product with improved 

energy efficiency in a cold climate’’ after ‘‘residential Energy 

Star product’’ each place it appears. 

SEC. 316. TECHNICAL CORRECTIONS. 

(a) DEFINITION OF F96T12 LAMP.— 

(1) IN GENERAL.—Section 135(a)(1)(A)(ii) of the Energy 

Policy Act of 2005 (Public Law 109–58; 119 Stat. 624) is 

amended by striking ‘‘C78.1–1978 (R1984)’’ and inserting 

‘‘C78.3–1978 (R1984)’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) takes effect on August 8, 2005. 

(b) DEFINITION OF FLUORESCENT LAMP.—Section 321(30)(B)(viii) 

of the Energy Policy and Conservation Act (42 U.S.C. 

6291(30)(B)(viii)) is amended by striking ‘‘82’’ and inserting ‘‘87’’. 

(c) MERCURY VAPOR LAMP BALLASTS.— 

(1) DEFINITIONS.—Section 321 of the Energy Policy and 

Conservation Act (42 U.S.C. 6291) (as amended by section 

301(a)(2)) is amended— 

(A) by striking paragraphs (46) through (48) and 

inserting the following: 

‘‘(46) HIGH INTENSITY DISCHARGE LAMP.— 

‘‘(A) IN GENERAL.—The term ‘high intensity discharge 

lamp’ means an electric-discharge lamp in which— 

‘‘(i) the light-producing arc is stabilized by the 

arc tube wall temperature; and 

‘‘(ii) the arc tube wall loading is in excess of 3 

Watts/cm2. 

‘‘(B) INCLUSIONS.—The term ‘high intensity discharge 

lamp’ includes mercury vapor, metal halide, and high-pressure sodium lamps described in subparagraph (A). 

‘‘(47) MERCURY VAPOR LAMP.— 

‘‘(A) IN GENERAL.—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 

typically operating at a partial vapor pressure in excess 

of 100,000 Pa (approximately 1 atm). 

‘‘(B) INCLUSIONS.—The term ‘mercury vapor lamp’ 

includes clear, phosphor-coated, and self-ballasted screw 

base lamps described in subparagraph (A). 

‘‘(48) MERCURY VAPOR LAMP BALLAST.—The term ‘mercury 

vapor lamp ballast’ means a device that is designed and marketed to start and operate mercury vapor lamps intended for 

general illumination by providing the necessary voltage and 

current.’’; and 

(B) by adding at the end the following: 

‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BALLAST.—The term ‘specialty application mercury vapor lamp ballast’ means a mercury vapor lamp ballast that— 

42 USC 6291 

note. 

42 USC 6291. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1573 

‘‘(A) is designed and marketed for operation of mercury 

vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy 

and ultraviolet curing; and 

‘‘(B) in the case of a specialty application mercury 

vapor lamp ballast, the label of which— 

‘‘(i) provides that the specialty application mercury 

vapor lamp ballast is ‘For specialty applications only, 

not for general illumination’; and 

‘‘(ii) specifies the specific applications for which 

the ballast is designed.’’. 

(2) STANDARD SETTING AUTHORITY.—Section 325(ee) of the 

Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is 

amended by inserting ‘‘(other than specialty application mercury vapor lamp ballasts)’’ after ‘‘ballasts’’. 

(d) ENERGY CONSERVATION STANDARDS.—Section 325 of the 

Energy Policy and Conservation Act (42 U.S.C. 6295) is amended— 

(1) in subsection (v)— 

(A) in the subsection heading, by striking ‘‘CEILING

FANS AND’’; 

(B) by striking paragraph (1); and 

(C) by redesignating paragraphs (2) through (4) as 

paragraphs (1) through (3), respectively; and 

(2) in subsection (ff)— 

(A) in paragraph (1)(A)— 

(i) by striking clause (iii); 

(ii) by redesignating clause (iv) as clause (iii); and 

(iii) in clause (iii)(II) (as so redesignated), by 

inserting ‘‘fans sold for’’ before ‘‘outdoor’’; and 

(B) in paragraph (4)(C)— 

(i) in the matter preceding clause (i), by striking 

‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (A)’’; 

and 

(ii) by striking clause (ii) and inserting the following: 

‘‘(ii) shall be packaged with lamps to fill all sockets.’’; 

(C) in paragraph (6), by redesignating subparagraphs 

(C) and (D) as clauses (i) and (ii), respectively, of subparagraph (B); and 

(D) in paragraph (7), by striking ‘‘327’’ the second 

place it appears and inserting ‘‘324’’. 

Subtitle B—Lighting Energy Efficiency 

SEC. 321. EFFICIENT LIGHT BULBS. 

(a) ENERGY EFFICIENCY STANDARDS FOR GENERAL SERVICE

INCANDESCENT LAMPS.— 

(1) DEFINITION OF GENERAL SERVICE INCANDESCENT LAMP.— 

Section 321(30) of the Energy Policy and Conservation Act 

(42 U.S.C. 6291(30)) is amended— 

(A) by striking subparagraph (D) and inserting the 

following: 

‘‘(D) GENERAL SERVICE INCANDESCENT LAMP.— 

‘‘(i) IN GENERAL.—The term ‘general service 

incandescent lamp’ means a standard incandescent or 

halogen type lamp that— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1574 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(I) is intended for general service applications; 

‘‘(II) has a medium screw base; 

‘‘(III) has a lumen range of not less than 310 

lumens and not more than 2,600 lumens; and 

‘‘(IV) is capable of being operated at a voltage 

range at least partially within 110 and 130 volts. 

‘‘(ii) EXCLUSIONS.—The term ‘general service 

incandescent lamp’ does not include the following 

incandescent lamps: 

‘‘(I) An appliance lamp. 

‘‘(II) A black light lamp. 

‘‘(III) A bug lamp. 

‘‘(IV) A colored lamp. 

‘‘(V) An infrared lamp. 

‘‘(VI) A left-hand thread lamp. 

‘‘(VII) A marine lamp. 

‘‘(VIII) A marine signal service lamp. 

‘‘(IX) A mine service lamp. 

‘‘(X) A plant light lamp. 

‘‘(XI) A reflector lamp. 

‘‘(XII) A rough service lamp. 

‘‘(XIII) A shatter-resistant lamp (including a 

shatter-proof lamp and a shatter-protected lamp). 

‘‘(XIV) A sign service lamp. 

‘‘(XV) A silver bowl lamp. 

‘‘(XVI) A showcase lamp. 

‘‘(XVII) A 3-way incandescent lamp. 

‘‘(XVIII) A traffic signal lamp. 

‘‘(XIX) A vibration service lamp. 

‘‘(XX) A G shape lamp (as defined in ANSI 

C78.20–2003 and C79.1–2002 with a diameter of 

5 inches or more. 

‘‘(XXI) A T shape lamp (as defined in ANSI 

C78.20–2003 and C79.1–2002) and that uses not 

more than 40 watts or has a length of more than 

10 inches. 

‘‘(XXII) A B, BA, CA, F, G16–1/2, G–25, G30, 

S, or M–14 lamp (as defined in ANSI C79.1–2002 

and ANSI C78.20–2003) of 40 watts or less.’’; and 

(B) by adding at the end the following: 

‘‘(T) APPLIANCE LAMP.—The term ‘appliance lamp’ 

means any lamp that— 

‘‘(i) is specifically designed to operate in a household appliance, has a maximum wattage of 40 watts, 

and is sold at retail, including an oven lamp, refrigerator lamp, and vacuum cleaner lamp; and 

‘‘(ii) is designated and marketed for the intended 

application, with— 

‘‘(I) the designation on the lamp packaging; 

and 

‘‘(II) marketing materials that identify the 

lamp as being for appliance use. 

‘‘(U) CANDELABRA BASE INCANDESCENT LAMP.—The 

term ‘candelabra base incandescent lamp’ means a lamp 

that uses candelabra screw base as described in ANSI 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1575 

C81.61–2006, Specifications for Electric Bases, common 

designations E11 and E12. 

‘‘(V) INTERMEDIATE BASE INCANDESCENT LAMP.—The 

term ‘intermediate base incandescent lamp’ means a lamp 

that uses an intermediate screw base as described in ANSI 

C81.61–2006, Specifications for Electric Bases, common 

designation E17. 

‘‘(W) MODIFIED SPECTRUM.—The term ‘modified spectrum’ means, with respect to an incandescent lamp, an 

incandescent lamp that— 

‘‘(i) is not a colored incandescent lamp; and 

‘‘(ii) when operated at the rated voltage and wattage of the incandescent lamp— 

‘‘(I) has a color point with (x,y) chromaticity 

coordinates on the Commission Internationale de 

l’Eclairage (C.I.E.) 1931 chromaticity diagram that 

lies below the black-body locus; and 

‘‘(II) has a color point with (x,y) chromaticity 

coordinates on the C.I.E. 1931 chromaticity diagram that lies at least 4 MacAdam steps (as referenced in IESNA LM16) distant from the color 

point of a clear lamp with the same filament and 

bulb shape, operated at the same rated voltage 

and wattage. 

‘‘(X) ROUGH SERVICE LAMP.—The term ‘rough service 

lamp’ means a lamp that— 

‘‘(i) has a minimum of 5 supports with filament 

configurations that are C–7A, C–11, C–17, and C– 

22 as listed in Figure 6–12 of the 9th edition of the 

IESNA Lighting handbook, or similar configurations 

where lead wires are not counted as supports; and 

‘‘(ii) is designated and marketed specifically for 

‘rough service’ applications, with— 

‘‘(I) the designation appearing on the lamp 

packaging; and 

‘‘(II) marketing materials that identify the 

lamp as being for rough service. 

‘‘(Y) 3-WAY INCANDESCENT LAMP.—The term ‘3-way 

incandescent lamp’ includes an incandescent lamp that— 

‘‘(i) employs 2 filaments, operated separately and 

in combination, to provide 3 light levels; and 

‘‘(ii) is designated on the lamp packaging and marketing materials as being a 3-way incandescent lamp. 

‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER-PROOF LAMP, 

OR SHATTER-PROTECTED LAMP.—The terms ‘shatter-resistant lamp’, ‘shatter-proof lamp’, and ‘shatter-protected lamp’ 

mean a lamp that— 

‘‘(i) has a coating or equivalent technology that 

is compliant with NSF/ANSI 51 and is designed to 

contain the glass if the glass envelope of the lamp 

is broken; and 

‘‘(ii) is designated and marketed for the intended 

application, with— 

‘‘(I) the designation on the lamp packaging; 

and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1576 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(II) marketing materials that identify the 

lamp as being shatter-resistant, shatter-proof, or 

shatter-protected. 

‘‘(AA) VIBRATION SERVICE LAMP.—The term ‘vibration 

service lamp’ means a lamp that— 

‘‘(i) has filament configurations that are C–5, C– 

7A, or C–9, as listed in Figure 6–12 of the 9th Edition 

of the IESNA Lighting Handbook or similar configurations; 

‘‘(ii) has a maximum wattage of 60 watts; 

‘‘(iii) is sold at retail in packages of 2 lamps or 

less; and 

‘‘(iv) is designated and marketed specifically for 

vibration service or vibration-resistant applications, 

with— 

‘‘(I) the designation appearing on the lamp 

packaging; and 

‘‘(II) marketing materials that identify the 

lamp as being vibration service only. 

‘‘(BB) GENERAL SERVICE LAMP.— 

‘‘(i) IN GENERAL.—The term ‘general service lamp’ 

includes— 

‘‘(I) general service incandescent lamps; 

‘‘(II) compact fluorescent lamps; 

‘‘(III) general service light-emitting diode (LED 

or OLED) lamps; and 

‘‘(IV) any other lamps that the Secretary determines are used to satisfy lighting applications 

traditionally served by general service incandescent lamps. 

‘‘(ii) EXCLUSIONS.—The term ‘general service lamp’ 

does not include— 

‘‘(I) any lighting application or bulb shape 

described in any of subclauses (I) through (XXII) 

of subparagraph (D)(ii); or 

‘‘(II) any general service fluorescent lamp or 

incandescent reflector lamp. 

‘‘(CC) LIGHT-EMITTING DIODE; LED.— 

‘‘(i) IN GENERAL.—The terms ‘light-emitting diode’ 

and ‘LED’ means a p-n junction solid state device the 

radiated output of which is a function of the physical 

construction, material used, and exciting current of 

the device. 

‘‘(ii) OUTPUT.—The output of a light-emitting diode 

may be in— 

‘‘(I) the infrared region; 

‘‘(II) the visible region; or 

‘‘(III) the ultraviolet region. 

‘‘(DD) ORGANIC LIGHT-EMITTING DIODE; OLED.—The 

terms ‘organic light-emitting diode’ and ‘OLED’ mean a 

thin-film light-emitting device that typically consists of a 

series of organic layers between 2 electrical contacts (electrodes). 

‘‘(EE) COLORED INCANDESCENT LAMP.—The term ‘colored incandescent lamp’ means an incandescent lamp designated and marketed as a colored lamp that has— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1577 

‘‘(i) a color rendering index of less than 50, as 

determined according to the test method given in C.I.E. 

publication 13.3–1995; or 

‘‘(ii) a correlated color temperature of less than 

2,500K, or greater than 4,600K, where correlated 

temperature is computed according to the Journal of 

Optical Society of America, Vol. 58, pages 1528–1595 

(1986).’’. 

(2) COVERAGE.—Section 322(a)(14) of the Energy Policy 

and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by 

inserting ‘‘, general service incandescent lamps,’’ after ‘‘fluorescent lamps’’. 

(3) ENERGY CONSERVATION STANDARDS.—Section 325 of the 

Energy Policy and Conservation Act (42 U.S.C. 6295) is 

amended— 

(A) in subsection (i)— 

(i) in the section heading, by inserting ‘‘, GENERAL

SERVICE INCANDESCENT LAMPS, INTERMEDIATE BASE

INCANDESCENT LAMPS, CANDELABRA BASE INCANDESCENT LAMPS,’’ after ‘‘FLUORESCENT LAMPS’’; 

(ii) in paragraph (1)— 

(I) in subparagraph (A)— 

(aa) by inserting ‘‘, general service 

incandescent lamps, intermediate base 

incandescent lamps, candelabra base incandescent lamps,’’ after ‘‘fluorescent lamps’’; 

(bb) by inserting ‘‘, new maximum wattage,’’ after ‘‘lamp efficacy’’; and 

(cc) by inserting after the table entitled 

‘‘INCANDESCENT REFLECTOR LAMPS’’ the following: 

‘‘GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rate 

Wattage 

Minimum 

Rate Lifetime 

Effective 

Date 

1490–2600 72 1,000 hrs 1/1/2012 

1050–1489 53 1,000 hrs 1/1/2013 

750–1049 43 1,000 hrs 1/1/2014 

310–749 29 1,000 hrs 1/1/2014 

‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rate 

Wattage 

Minimum 

Rate Lifetime 

Effective 

Date 

1118–1950 72 1,000 hrs 1/1/2012

788–1117 53 1,000 hrs 1/1/2013

563–787 43 1,000 hrs 1/1/2014

232–562 29 1,000 hrs 1/1/2014’’; 

and 

(II) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) APPLICATION.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1578 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(i) APPLICATION CRITERIA.—This subparagraph 

applies to each lamp that— 

‘‘(I) is intended for a general service or general 

illumination application (whether incandescent or 

not); 

‘‘(II) has a medium screw base or any other 

screw base not defined in ANSI C81.61–2006; 

‘‘(III) is capable of being operated at a voltage 

at least partially within the range of 110 to 130 

volts; and 

‘‘(IV) is manufactured or imported after 

December 31, 2011. 

‘‘(ii) REQUIREMENT.—For purposes of this paragraph, each lamp described in clause (i) shall have 

a color rendering index that is greater than or equal 

to— 

‘‘(I) 80 for nonmodified spectrum lamps; or 

‘‘(II) 75 for modified spectrum lamps. 

‘‘(C) CANDELABRA INCANDESCENT LAMPS AND INTERMEDIATE BASE INCANDESCENT LAMPS.— 

‘‘(i) CANDELABRA BASE INCANDESCENT LAMPS.—A 

candelabra base incandescent lamp shall not exceed 

60 rated watts. 

‘‘(ii) INTERMEDIATE BASE INCANDESCENT LAMPS.— 

An intermediate base incandescent lamp shall not 

exceed 40 rated watts. 

‘‘(D) EXEMPTIONS.— 

‘‘(i) PETITION.—Any person may petition the Secretary for an exemption for a type of general service 

lamp from the requirements of this subsection. 

‘‘(ii) CRITERIA.—The Secretary may grant an 

exemption under clause (i) only to the extent that 

the Secretary finds, after a hearing and opportunity 

for public comment, that it is not technically feasible 

to serve a specialized lighting application (such as 

a military, medical, public safety, or certified historic 

lighting application) using a lamp that meets the 

requirements of this subsection. 

‘‘(iii) ADDITIONAL CRITERION.—To grant an exemption for a product under this subparagraph, the Secretary shall include, as an additional criterion, that 

the exempted product is unlikely to be used in a general service lighting application. 

‘‘(E) EXTENSION OF COVERAGE.— 

‘‘(i) PETITION.—Any person may petition the Secretary to establish standards for lamp shapes or bases 

that are excluded from the definition of general service 

lamps. 

‘‘(ii) INCREASED SALES OF EXEMPTED LAMPS.—The 

petition shall include evidence that the availability 

or sales of exempted incandescent lamps have 

increased significantly since the date on which the 

standards on general service incandescent lamps were 

established. 

‘‘(iii) CRITERIA.—The Secretary shall grant a petition under clause (i) if the Secretary finds that— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1579 

‘‘(I) the petition presents evidence that demonstrates that commercial availability or sales of 

exempted incandescent lamp types have increased 

significantly since the standards on general service 

lamps were established and likely are being widely 

used in general lighting applications; and 

‘‘(II) significant energy savings could be 

achieved by covering exempted products, as determined by the Secretary based on sales data provided to the Secretary from manufacturers and 

importers. 

‘‘(iv) NO PRESUMPTION.—The grant of a petition 

under this subparagraph shall create no presumption 

with respect to the determination of the Secretary with 

respect to any criteria under a rulemaking conducted 

under this section. 

‘‘(v) EXPEDITED PROCEEDING.—If the Secretary 

grants a petition for a lamp shape or base under this 

subparagraph, the Secretary shall— 

‘‘(I) conduct a rulemaking to determine standards for the exempted lamp shape or base; and 

‘‘(II) complete the rulemaking not later than 

18 months after the date on which notice is provided granting the petition. 

‘‘(F) DEFINITION OF EFFECTIVE DATE.—In this paragraph, except as otherwise provided in a table contained 

in subparagraph (A), the term ‘effective date’ means the 

last day of the month specified in the table that follows 

October 24, 1992.’’; 

(iii) in paragraph (5), in the first sentence, by 

striking ‘‘and general service incandescent lamps’’; 

(iv) by redesignating paragraphs (6) and (7) as 

paragraphs (7) and (8), respectively; and 

(v) by inserting after paragraph (5) the following: 

‘‘(6) STANDARDS FOR GENERAL SERVICE LAMPS.— ‘‘(A) RULEMAKING BEFORE JANUARY 1, 2014.— 

‘‘(i) IN GENERAL.—Not later than January 1, 2014, 

the Secretary shall initiate a rulemaking procedure 

to determine whether— 

‘‘(I) standards in effect for general service 

lamps should be amended to establish more stringent standards than the standards specified in 

paragraph (1)(A); and 

‘‘(II) the exemptions for certain incandescent 

lamps should be maintained or discontinued based, 

in part, on exempted lamp sales collected by the 

Secretary from manufacturers. 

‘‘(ii) SCOPE.—The rulemaking— 

‘‘(I) shall not be limited to incandescent lamp 

technologies; and 

‘‘(II) shall include consideration of a minimum 

standard of 45 lumens per watt for general service 

lamps. 

‘‘(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

Publication. 

Regulations. 

Deadline. 

Effective date. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1580 PUBLIC LAW 110–140—DEC. 19, 2007 

2017, with an effective date that is not earlier than 

3 years after the date on which the final rule is published. 

‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this 

subparagraph after considering— 

‘‘(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

‘‘(II) the time needed to work with retailers 

and lighting designers to revise sales and marketing strategies. 

‘‘(v) BACKSTOP REQUIREMENT.—If the Secretary 

fails to complete a rulemaking in accordance with 

clauses (i) through (iv) or if the final rule does not 

produce savings that are greater than or equal to the 

savings from a minimum efficacy standard of 45 

lumens per watt, effective beginning January 1, 2020, 

the Secretary shall prohibit the sale of any general 

service lamp that does not meet a minimum efficacy 

standard of 45 lumens per watt. 

‘‘(vi) STATE PREEMPTION.—Neither section 327(b) 

nor any other provision of law shall preclude California 

or Nevada from adopting, effective beginning on or 

after January 1, 2018— 

‘‘(I) a final rule adopted by the Secretary in 

accordance with clauses (i) through (iv); 

‘‘(II) if a final rule described in subclause (I) 

has not been adopted, the backstop requirement 

under clause (v); or 

‘‘(III) in the case of California, if a final rule 

described in subclause (I) has not been adopted, 

any California regulations relating to these covered 

products adopted pursuant to State statute in 

effect as of the date of enactment of the Energy 

Independence and Security Act of 2007. 

‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.— 

‘‘(i) IN GENERAL.—Not later than January 1, 2020, 

the Secretary shall initiate a rulemaking procedure 

to determine whether— 

‘‘(I) standards in effect for general service 

incandescent lamps should be amended to reflect 

lumen ranges with more stringent maximum wattage than the standards specified in paragraph 

(1)(A); and 

‘‘(II) the exemptions for certain incandescent 

lamps should be maintained or discontinued based, 

in part, on exempted lamp sales data collected 

by the Secretary from manufacturers. 

‘‘(ii) SCOPE.—The rulemaking shall not be limited 

to incandescent lamp technologies. 

‘‘(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

2022, with an effective date that is not earlier than 

Publication. 

Regulation. 

Deadline. 

Effective date. 

Deadline. 

California. 

Nevada. 

Effective date. 

Effective date. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1581 

3 years after the date on which the final rule is published. 

‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this 

subparagraph after considering— 

‘‘(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

‘‘(II) the time needed to work with retailers 

and lighting designers to revise sales and marketing strategies.’’; and 

(B) in subsection (l), by adding at the end the following: 

‘‘(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— 

‘‘(A) IN GENERAL.—The Secretary shall prescribe an 

energy efficiency standard for rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601–3,300 

lumen general service incandescent lamps, and shatterresistant lamps only in accordance with this paragraph. 

‘‘(B) BENCHMARKS.—Not later than 1 year after the 

date of enactment of this paragraph, the Secretary, in 

consultation with the National Electrical Manufacturers 

Association, shall— 

‘‘(i) collect actual data for United States unit sales 

for each of calendar years 1990 through 2006 for each 

of the 5 types of lamps described in subparagraph 

(A) to determine the historical growth rate of the type 

of lamp; and 

‘‘(ii) construct a model for each type of lamp based 

on coincident economic indicators that closely match 

the historical annual growth rate of the type of lamp 

to provide a neutral comparison benchmark to model 

future unit sales after calendar year 2006. 

‘‘(C) ACTUAL SALES DATA.— 

‘‘(i) IN GENERAL.—Effective for each of calendar 

years 2010 through 2025, the Secretary, in consultation 

with the National Electrical Manufacturers Association, shall— 

‘‘(I) collect actual United States unit sales data 

for each of 5 types of lamps described in subparagraph (A); and 

‘‘(II) not later than 90 days after the end of 

each calendar year, compare the lamp sales in 

that year with the sales predicted by the comparison benchmark for each of the 5 types of lamps 

described in subparagraph (A). 

‘‘(ii) CONTINUATION OF TRACKING.— 

‘‘(I) DETERMINATION.—Not later than January 

1, 2023, the Secretary shall determine if actual 

sales data should be tracked for the lamp types 

described in subparagraph (A) after calendar year 

2025. 

‘‘(II) CONTINUATION.—If the Secretary finds 

that the market share of a lamp type described 

in subparagraph (A) could significantly erode the 

Effective dates. 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1582 PUBLIC LAW 110–140—DEC. 19, 2007 

market share for general service lamps, the Secretary shall continue to track the actual sales data 

for the lamp type. 

‘‘(D) ROUGH SERVICE LAMPS.— ‘‘(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for rough 

service lamps demonstrates actual unit sales of rough 

service lamps that achieve levels that are at least 

100 percent higher than modeled unit sales for that 

same year, the Secretary shall— 

‘‘(I) not later than 90 days after the end of 

the previous calendar year, issue a finding that 

the index has been exceeded; and 

‘‘(II) not later than the date that is 1 year 

after the end of the previous calendar year, complete an accelerated rulemaking to establish an 

energy conservation standard for rough service 

lamps. 

‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary 

fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after 

the date of the issuance of the finding under clause 

(i)(I), the Secretary shall require rough service lamps 

to— 

‘‘(I) have a shatter-proof coating or equivalent 

technology that is compliant with NSF/ANSI 51 

and is designed to contain the glass if the glass 

envelope of the lamp is broken and to provide 

effective containment over the life of the lamp; 

‘‘(II) have a maximum 40-watt limitation; and 

‘‘(III) be sold at retail only in a package containing 1 lamp. 

‘‘(E) VIBRATION SERVICE LAMPS.— 

‘‘(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for vibration 

service lamps demonstrates actual unit sales of vibration service lamps that achieve levels that are at least 

100 percent higher than modeled unit sales for that 

same year, the Secretary shall— 

‘‘(I) not later than 90 days after the end of 

the previous calendar year, issue a finding that 

the index has been exceeded; and 

‘‘(II) not later than the date that is 1 year 

after the end of the previous calendar year, complete an accelerated rulemaking to establish an 

energy conservation standard for vibration service 

lamps. 

‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary 

fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after 

the date of the issuance of the finding under clause 

(i)(I), the Secretary shall require vibration service 

lamps to— 

‘‘(I) have a maximum 40-watt limitation; and 

‘‘(II) be sold at retail only in a package containing 1 lamp. 

‘‘(F) 3-WAY INCANDESCENT LAMPS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1583 

‘‘(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for 3-way 

incandescent lamps demonstrates actual unit sales of 

3-way incandescent lamps that achieve levels that are 

at least 100 percent higher than modeled unit sales 

for that same year, the Secretary shall— 

‘‘(I) not later than 90 days after the end of 

the previous calendar year, issue a finding that 

the index has been exceeded; and 

‘‘(II) not later than the date that is 1 year 

after the end of the previous calendar year, complete an accelerated rulemaking to establish an 

energy conservation standard for 3-way incandescent lamps. 

‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary 

fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after 

the date of issuance of the finding under clause (i)(I), 

the Secretary shall require that— 

‘‘(I) each filament in a 3-way incandescent 

lamp meet the new maximum wattage requirements for the respective lumen range established 

under subsection (i)(1)(A); and 

‘‘(II) 3-way lamps be sold at retail only in 

a package containing 1 lamp. 

‘‘(G) 2,601–3,300 LUMEN GENERAL SERVICE INCANDESCENT LAMPS.—Effective beginning with the first year that 

the reported annual sales rate demonstrates actual unit 

sales of 2,601–3,300 lumen general service incandescent 

lamps in the lumen range of 2,601 through 3,300 lumens 

(or, in the case of a modified spectrum, in the lumen 

range of 1,951 through 2,475 lumens) that achieve levels 

that are at least 100 percent higher than modeled unit 

sales for that same year, the Secretary shall impose— 

‘‘(i) a maximum 95-watt limitation on general 

service incandescent lamps in the lumen range of 2,601 

through 3,300 lumens; and 

‘‘(ii) a requirement that those lamps be sold at 

retail only in a package containing 1 lamp. 

‘‘(H) SHATTER-RESISTANT LAMPS.— 

‘‘(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for shatterresistant lamps demonstrates actual unit sales of 

shatter-resistant lamps that achieve levels that are 

at least 100 percent higher than modeled unit sales 

for that same year, the Secretary shall— 

‘‘(I) not later than 90 days after the end of 

the previous calendar year, issue a finding that 

the index has been exceeded; and 

‘‘(II) not later than the date that is 1 year 

after the end of the previous calendar year, complete an accelerated rulemaking to establish an 

energy conservation standard for shatter-resistant 

lamps. 

‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary 

fails to complete an accelerated rulemaking in accordance with clause (i)(II), effective beginning 1 year after 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1584 PUBLIC LAW 110–140—DEC. 19, 2007 

the date of issuance of the finding under clause (i)(I), 

the Secretary shall impose— 

‘‘(I) a maximum wattage limitation of 40 watts 

on shatter resistant lamps; and 

‘‘(II) a requirement that those lamps be sold 

at retail only in a package containing 1 lamp. 

‘‘(I) RULEMAKINGS BEFORE JANUARY 1, 2025.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), if the Secretary issues a final rule prior to January 

1, 2025, establishing an energy conservation standard 

for any of the 5 types of lamps for which data collection 

is required under any of subparagraphs (D) through 

(G), the requirement to collect and model data for 

that type of lamp shall terminate unless, as part of 

the rulemaking, the Secretary determines that continued tracking is necessary. 

‘‘(ii) BACKSTOP REQUIREMENT.—If the Secretary 

imposes a backstop requirement as a result of a failure 

to complete an accelerated rulemaking in accordance 

with clause (i)(II) of any of subparagraphs (D) through 

(G), the requirement to collect and model data for 

the applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop 

requirement.’’. 

(b) CONSUMER EDUCATION AND LAMP LABELING.—Section 

324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 

6294(a)(2)(C)) is amended by adding at the end the following: 

‘‘(iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF

LAMP LABELING.— 

‘‘(I) IN GENERAL.—Not later than 1 year after 

the date of enactment of this clause, the Commission shall initiate a rulemaking to consider— 

‘‘(aa) the effectiveness of current lamp 

labeling for power levels or watts, light output 

or lumens, and lamp lifetime; and 

‘‘(bb) alternative labeling approaches that 

will help consumers to understand new highefficiency lamp products and to base the purchase decisions of the consumers on the most 

appropriate source that meets the requirements of the consumers for lighting level, light 

quality, lamp lifetime, and total lifecycle cost. 

‘‘(II) COMPLETION.—The Commission shall— 

‘‘(aa) complete the rulemaking not later 

than the date that is 30 months after the 

date of enactment of this clause; and 

‘‘(bb) consider reopening the rulemaking 

not later than 180 days before the effective 

dates of the standards for general service 

incandescent lamps established under section 

325(i)(1)(A), if the Commission determines 

that further labeling changes are needed to 

help consumers understand lamp alternatives.’’. 

(c) MARKET ASSESSMENTS AND CONSUMER AWARENESS PROGRAM.— 

42 USC 6294 

note. 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1585 

(1) IN GENERAL.—In cooperation with the Administrator 

of the Environmental Protection Agency, the Secretary of Commerce, the Federal Trade Commission, lighting and retail 

industry associations, energy efficiency organizations, and any 

other entities that the Secretary of Energy determines to be 

appropriate, the Secretary of Energy shall— 

(A) conduct an annual assessment of the market for 

general service lamps and compact fluorescent lamps— 

(i) to identify trends in the market shares of lamp 

types, efficiencies, and light output levels purchased 

by residential and nonresidential consumers; and 

(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels 

or watts, light output or lumens, lamp lifetime, and 

other factors, including information required on labels 

mandated by the Federal Trade Commission; 

(B) provide the results of the market assessment to 

the Federal Trade Commission for consideration in the 

rulemaking described in section 324(a)(2)(C)(iii) of the 

Energy Policy and Conservation Act (42 U.S.C. 

6294(a)(2)(C)(iii)); and 

(C) in cooperation with industry trade associations, 

lighting industry members, utilities, and other interested 

parties, carry out a proactive national program of consumer 

awareness, information, and education that broadly uses 

the media and other effective communication techniques 

over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting 

choices that meet the needs of consumers. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000 

for each of fiscal years 2009 through 2012. 

(d) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION

STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR

A PRODUCT.—Section 327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)) is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

(2) by inserting ‘‘or’’ after the semicolon at the end; and 

(3) by adding at the end the following: 

‘‘(B) in the case of any portion of any regulation that 

establishes requirements for general service incandescent 

lamps, intermediate base incandescent lamps, or candelabra 

base lamps, was enacted or adopted by the State of California 

or Nevada before December 4, 2007, except that— 

‘‘(i) the regulation adopted by the California Energy 

Commission with an effective date of January 1, 2008, 

shall only be effective until the effective date of the Federal 

standard for the applicable lamp category under subparagraphs (A), (B), and (C) of section 325(i)(1); 

‘‘(ii) the States of California and Nevada may, at any 

time, modify or adopt a State standard for general service 

lamps to conform with Federal standards with effective 

dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and 

(C) of section 325(i)(1), at which time any prior regulations 

adopted by the State of California or Nevada shall no 

longer be effective; and 

California. 

Nevada. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1586 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(iii) all other States may, at any time, modify or 

adopt a State standard for general service lamps to conform 

with Federal standards and effective dates.’’. 

(e) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and 

Conservation Act (42 U.S.C. 6302(a)) is amended— 

(1) in paragraph (4), by striking ‘‘or’’ at the end; 

(2) in paragraph (5), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(6) for any manufacturer, distributor, retailer, or private 

labeler to distribute in commerce an adapter that— 

‘‘(A) is designed to allow an incandescent lamp that 

does not have a medium screw base to be installed into 

a fixture or lampholder with a medium screw base socket; 

and 

‘‘(B) is capable of being operated at a voltage range 

at least partially within 110 and 130 volts.’’. 

(f) ENFORCEMENT.—Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended by inserting after the 

second sentence the following: ‘‘Any such action to restrain any 

person from distributing in commerce a general service incandescent 

lamp that does not comply with the applicable standard established 

under section 325(i) or an adapter prohibited under section 332(a)(6) 

may also be brought by the attorney general of a State in the 

name of the State.’’. 

(g) RESEARCH AND DEVELOPMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary may carry out a lighting 

technology research and development program— 

(A) to support the research, development, demonstration, and commercial application of lamps and related technologies sold, offered for sale, or otherwise made available 

in the United States; and 

(B) to assist manufacturers of general service lamps 

in the manufacturing of general service lamps that, at 

a minimum, achieve the wattage requirements imposed 

as a result of the amendments made by subsection (a). 

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection $10,000,000 

for each of fiscal years 2008 through 2013. 

(3) TERMINATION OF AUTHORITY.—The program under this 

subsection shall terminate on September 30, 2015. 

(h) REPORTS TO CONGRESS.— 

(1) REPORT ON MERCURY USE AND RELEASE.—Not later than 

1 year after the date of enactment of this Act, the Secretary, 

in cooperation with the Administrator of the Environmental 

Protection Agency, shall submit to Congress a report describing 

recommendations relating to the means by which the Federal 

Government may reduce or prevent the release of mercury 

during the manufacture, transportation, storage, or disposal 

of light bulbs. 

(2) REPORT ON RULEMAKING SCHEDULE.—Beginning on July 

1, 2013, and semiannually through July 1, 2016, the Secretary 

shall submit to the Committee on Energy and Commerce of 

the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report on— 

(A) whether the Secretary will meet the deadlines for 

the rulemakings required under this section; 

42 USC 6295 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1587 

(B) a description of any impediments to meeting the 

deadlines; and 

(C) a specific plan to remedy any failures, including 

recommendations for additional legislation or resources. 

(3) NATIONAL ACADEMY REVIEW.— (A) IN GENERAL.—Not later than December 31, 2009, 

the Secretary shall enter into an arrangement with the 

National Academy of Sciences to provide a report by 

December 31, 2013, and an updated report by July 31, 

2015. The report should include— 

(i) the status of advanced solid state lighting 

research, development, demonstration and commercialization; 

(ii) the impact on the types of lighting available 

to consumers of an energy conservation standard 

requiring a minimum of 45 lumens per watt for general 

service lighting effective in 2020; and 

(iii) the time frame for the commercialization of 

lighting that could replace current incandescent and 

halogen incandescent lamp technology and any other 

new technologies developed to meet the minimum 

standards required under subsection (a)(3) of this section. 

(B) REPORTS.—The reports shall be transmitted to the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural 

Resources of the Senate. 

SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS. 

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) 

is amended— 

(1) in paragraph (30)(C)(ii)— 

(A) in the matter preceding subclause (I)— 

(i) by striking ‘‘or similar bulb shapes (excluding 

ER or BR)’’ and inserting ‘‘ER, BR, BPAR, or similar 

bulb shapes’’; and 

(ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; and 

(B) by striking ‘‘is either—’’ and all that follows through 

subclause (II) and inserting ‘‘has a rated wattage that 

is 40 watts or higher’’; and 

(2) by adding at the end the following: 

‘‘(54) 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. 

‘‘(55) 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 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1588 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(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. 

‘‘(56) 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. 

‘‘(57) R20 INCANDESCENT REFLECTOR LAMP.—The term ‘R20 

incandescent reflector lamp’ means a reflector lamp that has 

a face diameter of approximately 2.5 inches, as shown in figure 

1(R) on page 7 of ANSI C79.1–1994.’’. 

(b) STANDARDS FOR FLUORESCENT LAMPS AND INCANDESCENT

REFLECTOR LAMPS.—Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6995(i)) is amended by striking paragraph 

(1) and inserting the following: 

‘‘(1) STANDARDS.— 

‘‘(A) DEFINITION OF EFFECTIVE DATE.—In this paragraph (other than subparagraph (D)), the term ‘effective 

date’ means, with respect to each type of lamp specified 

in a table contained in subparagraph (B), the last day 

of the period of months corresponding to that type of lamp 

(as specified in the table) that follows October 24, 1992. 

‘‘(B) MINIMUM STANDARDS.—Each of the following general service fluorescent lamps and incandescent reflector 

lamps manufactured after the effective date specified in 

the tables contained in this paragraph shall meet or exceed 

the following lamp efficacy and CRI standards: 

‘‘FLUORESCENT LAMPS 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

4-foot medium bi-pin .... >35 W 69 75.0 36 

≤35 W 45 75.0 36 

42 USC 6295. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1589 

‘‘FLUORESCENT LAMPS—Continued 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

2-foot U-shaped ............. >35 W 69 68.0 36 

≤35 W 45 64.0 36 

8-foot slimline ............... 65 W 69 80.0 18 

≤65 W 45 80.0 18 

8-foot high output ......... >100 W 69 80.0 18 

≤100 W 45 80.0 18 

‘‘INCANDESCENT REFLECTOR LAMPS 

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 the later 

of January 1, 2008, or the date that is 180 days after 

the date of enactment of the Energy Independence 

and Security Act of 2007.’’. 

SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE 

ENERGY SYSTEMS. 

(a) ESTIMATE OF ENERGY PERFORMANCE IN PROSPECTUS.—Section 3307(b) of title 40, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (5); 

(2) by striking the period at the end of paragraph (6) 

and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (6) the following: 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1590 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(7) with respect to any prospectus for the construction, 

alteration, or acquisition of any building or space to be leased, 

an estimate of the future energy performance of the building 

or space and a specific description of the use of energy efficient 

and renewable energy systems, including photovoltaic systems, 

in carrying out the project.’’. 

(b) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED

SPACE.—Section 3307 of such title is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following: 

‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED

SPACE.—With respect to space to be leased, the Administrator shall 

include, to the maximum extent practicable, minimum performance 

requirements requiring energy efficiency and the use of renewable 

energy.’’. 

(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS.— 

(1) IN GENERAL.—Chapter 33 of such title is amended— 

(A) by redesignating sections 3313, 3314, and 3315 

as sections 3314, 3315, and 3316, respectively; and 

(B) by inserting after section 3312 the following: 

‘‘§ 3313. Use of energy efficient lighting fixtures and bulbs 

‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC

BUILDINGS.—Each public building constructed, altered, or acquired 

by the Administrator of General Services shall be equipped, to 

the maximum extent feasible as determined by the Administrator, 

with lighting fixtures and bulbs that are energy efficient. 

‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.—Each lighting fixture 

or bulb that is replaced by the Administrator in the normal course 

of maintenance of public buildings shall be replaced, to the maximum extent feasible, with a lighting fixture or bulb that is energy 

efficient. 

‘‘(c) CONSIDERATIONS.—In making a determination under this 

section concerning the feasibility of installing a lighting fixture 

or bulb that is energy efficient, the Administrator shall consider— 

‘‘(1) the life-cycle cost effectiveness of the fixture or bulb; 

‘‘(2) the compatibility of the fixture or bulb with existing 

equipment; 

‘‘(3) whether use of the fixture or bulb could result in 

interference with productivity; 

‘‘(4) the aesthetics relating to use of the fixture or bulb; 

and 

‘‘(5) such other factors as the Administrator determines 

appropriate. 

‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall be treated 

as being energy efficient for purposes of this section if— 

‘‘(1) the fixture or bulb is certified under the Energy Star 

program established by section 324A of the Energy Policy and 

Conservation Act (42 U.S.C. 6294a); 

‘‘(2) in the case of all light-emitting diode (LED) luminaires, 

lamps, and systems whose efficacy (lumens per watt) and Color 

Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy 

Star certification, as verified by an independent third-party 

testing laboratory that the Administrator and the Secretary 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1591 

of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering 

Society of North America, even if the luminaires, lamps, and 

systems have not received such certification; or 

‘‘(3) the Administrator and the Secretary of Energy have 

otherwise determined that the fixture or bulb is energy efficient. 

‘‘(e) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.— The Administrator of the Environmental Protection Agency and 

the Secretary of Energy shall give priority to establishing Energy 

Star performance criteria or Federal Energy Management Program 

designations for additional lighting product categories that are 

appropriate for use in public buildings. 

‘‘(f) GUIDELINES.—The Administrator shall develop guidelines 

for the use of energy efficient lighting technologies that contain 

mercury in child care centers in public buildings. 

‘‘(g) APPLICABILITY OF BUY AMERICAN ACT.—Acquisitions carried out pursuant to this section shall be subject to the requirements 

of the Buy American Act (41 U.S.C. 10c et seq.). 

‘‘(h) EFFECTIVE DATE.—The requirements of subsections (a) and 

(b) shall take effect 1 year after the date of enactment of this 

subsection.’’. 

(2) CLERICAL AMENDMENT.—The analysis for such chapter 

is amended by striking the items relating to sections 3313, 

3314, and 3315 and inserting the following: 

‘‘3313. Use of energy efficient lighting fixtures and bulbs. 

‘‘3314. Delegation. 

‘‘3315. Report to Congress. 

‘‘3316. Certain authority not affected.’’. 

(d) EVALUATION FACTOR.—Section 3310 of such title is 

amended— 

(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) shall include in the solicitation for any lease requiring 

a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;’’. 

SEC. 324. METAL HALIDE LAMP FIXTURES. 

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) 

is amended by adding at the end the following: 

‘‘(58) BALLAST.—The term ‘ballast’ means a device used 

with an electric discharge lamp to obtain necessary circuit 

conditions (voltage, current, and waveform) for starting and 

operating. 

‘‘(59) BALLAST EFFICIENCY.— 

‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ means, 

in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combination, expressed as 

a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin. 

‘‘(B) EFFICIENCY FORMULA.—For the purpose of 

subparagraph (A)— 

‘‘(i) Pout shall equal the measured operating lamp 

wattage; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1592 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) Pin shall equal the measured operating input 

wattage; 

‘‘(iii) the lamp, and the capacitor when the capacitor is provided, shall constitute a nominal system 

in accordance with the ANSI Standard C78.43–2004; 

‘‘(iv) for ballasts with a frequency of 60 Hz, Pin

and Pout shall be measured after lamps have been 

stabilized according to section 4.4 of ANSI Standard 

C82.6–2005 using a wattmeter with accuracy specified 

in section 4.5 of ANSI Standard C82.6–2005; and 

‘‘(v) for ballasts with a frequency greater than 

60 Hz, Pin and Pout shall have a basic accuracy of 

± 0.5 percent at the higher of— 

‘‘(I) 3 times the output operating frequency 

of the ballast; or 

‘‘(II) 2 kHz for ballast with a frequency greater 

than 60 Hz. 

‘‘(C) MODIFICATION.—The Secretary may, by rule, 

modify the definition of ‘ballast efficiency’ if the Secretary 

determines that the modification is necessary or appropriate to carry out the purposes of this Act. 

‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’ 

means a device that uses semiconductors as the primary means 

to control lamp starting and operation. 

‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general 

lighting application’ means lighting that provides an interior 

or exterior area with overall illumination. 

‘‘(62) METAL HALIDE BALLAST.—The term ‘metal halide ballast’ means a ballast used to start and operate metal halide 

lamps. 

‘‘(63) METAL HALIDE LAMP.—The term ‘metal halide lamp’ 

means a high intensity discharge lamp in which the major 

portion of the light is produced by radiation of metal halides 

and their products of dissociation, possibly in combination with 

metallic vapors. 

‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide 

lamp fixture’ means a light fixture for general lighting application designed to be operated with a metal halide lamp and 

a ballast for a metal halide lamp. 

‘‘(65) PROBE-START METAL HALIDE BALLAST.—The term 

‘probe-start metal halide ballast’ means a ballast that— 

‘‘(A) starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc tube; 

and 

‘‘(B) does not generally contain an igniter but instead 

starts lamps with high ballast open circuit voltage. 

‘‘(66) PULSE-START METAL HALIDE BALLAST.— 

‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide 

ballast’ means an electronic or electromagnetic ballast that 

starts a pulse-start metal halide lamp with high voltage 

pulses. 

‘‘(B) STARTING PROCESS.—For the purpose of subparagraph (A)— 

‘‘(i) lamps shall be started by first providing a 

high voltage pulse for ionization of the gas to produce 

a glow discharge; and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1593 

‘‘(ii) to complete the starting process, power shall 

be provided by the ballast to sustain the discharge 

through the glow-to-arc transition.’’. 

(b) COVERAGE.—Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended— 

(1) by redesignating paragraph (19) as paragraph (20); 

and 

(2) by inserting after paragraph (18) the following: 

‘‘(19) Metal halide lamp fixtures.’’. 

(c) TEST PROCEDURES.—Section 323(b) of the Energy Policy 

and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 

301(b)) is amended by adding at the end the following: 

‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for 

metal halide lamp ballasts shall be based on ANSI Standard 

C82.6–2005, entitled ‘Ballasts for High Intensity Discharge 

Lamps—Method of Measurement’.’’. 

(d) LABELING.—Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended— 

(1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and 

(2) by inserting after subparagraph (B) the following: 

‘‘(C) METAL HALIDE LAMP FIXTURES.— 

‘‘(i) IN GENERAL.—The Commission shall issue 

labeling rules under this section applicable to the covered product specified in section 322(a)(19) and to 

which standards are applicable under section 325. 

‘‘(ii) LABELING.—The rules shall provide that the 

labeling of any metal halide lamp fixture manufactured 

on or after the later of January 1, 2009, or the date 

that is 270 days after the date of enactment of this 

subparagraph, shall indicate conspicuously, in a 

manner prescribed by the Commission under subsection (b) by July 1, 2008, a capital letter ‘E’ printed 

within a circle on the packaging of the fixture, and 

on the ballast contained in the fixture.’’. 

(e) STANDARDS.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 310) is 

amended— 

(1) by redesignating subsection (hh) as subsection (ii); 

(2) by inserting after subsection (gg) the following: 

‘‘(hh) METAL HALIDE LAMP FIXTURES.— 

‘‘(1) STANDARDS.— 

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

(C), metal halide lamp fixtures designed to be operated 

with lamps rated greater than or equal to 150 watts but 

less than or equal to 500 watts shall contain— 

‘‘(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent; 

‘‘(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or 

‘‘(iii) a nonpulse-start electronic ballast with— 

‘‘(I) a minimum ballast efficiency of 92 percent 

for wattages greater than 250 watts; and 

‘‘(II) a minimum ballast efficiency of 90 percent 

for wattages less than or equal to 250 watts. 

‘‘(B) EXCLUSIONS.—The standards established under 

subparagraph (A) shall not apply to— 

Deadlines. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1594 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(i) fixtures with regulated lag ballasts; 

‘‘(ii) fixtures that use electronic ballasts that 

operate at 480 volts; or 

‘‘(iii) fixtures that— 

‘‘(I) are rated only for 150 watt lamps; 

‘‘(II) are rated for use in wet locations, as 

specified by the National Electrical Code 2002, 

section 410.4(A); and 

‘‘(III) contain a ballast that is rated to operate 

at ambient air temperatures above 50°C, as specified by UL 1029–2001. 

‘‘(C) APPLICATION.—The standards established under 

subparagraph (A) shall apply to metal halide lamp fixtures 

manufactured on or after the later of— 

‘‘(i) January 1, 2009; or 

‘‘(ii) the date that is 270 days after the date of 

enactment of this subsection. 

‘‘(2) FINAL RULE BY JANUARY 1, 2012.— 

‘‘(A) IN GENERAL.—Not later than January 1, 2012, 

the Secretary shall publish a final rule to determine 

whether the standards established under paragraph (1) 

should be amended. 

‘‘(B) ADMINISTRATION.—The final rule shall— 

‘‘(i) contain any amended standard; and 

‘‘(ii) apply to products manufactured on or after 

January 1, 2015. 

‘‘(3) FINAL RULE BY JANUARY 1, 2019.— 

‘‘(A) IN GENERAL.—Not later than January 1, 2019, 

the Secretary shall publish a final rule to determine 

whether the standards then in effect should be amended. 

‘‘(B) ADMINISTRATION.—The final rule shall— 

‘‘(i) contain any amended standards; and 

‘‘(ii) apply to products manufactured after January 

1, 2022. 

‘‘(4) DESIGN AND PERFORMANCE REQUIREMENTS.—Notwithstanding any other provision of law, any standard established 

pursuant to this subsection may contain both design and 

performance requirements.’’; and 

(3) in paragraph (2) of subsection (ii) (as redesignated by 

paragraph (2)), by striking ‘‘(gg)’’ each place it appears and 

inserting ‘‘(hh)’’. 

(f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy 

and Conservation Act (42 U.S.C. 6297(c)) is amended— 

(1) in paragraph (8)(B), by striking the period at the end 

and inserting ‘‘; and’’; and 

(2) by adding at the end the following: 

‘‘(9) is a regulation concerning metal halide lamp fixtures 

adopted by the California Energy Commission on or before 

January 1, 2011, except that— 

‘‘(A) if the Secretary fails to issue a final rule within 

180 days after the deadlines for rulemakings in section 

325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning 

metal halide lamp fixtures adopted by the California 

Energy Commission— 

Deadlines. 

Applicability. 

Publication. 

Applicability. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1595 

‘‘(i) on or before July 1, 2015, if the Secretary 

fails to meet the deadline specified in section 

325(hh)(2); or 

‘‘(ii) on or before July 1, 2022, if the Secretary 

fails to meet the deadline specified in section 

325(hh)(3).’’. 

SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS. 

(a) IN GENERAL.—Section 324(a) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) 

is amended— 

(1) in paragraph (2), by adding at the end the following: 

‘‘(I) LABELING REQUIREMENTS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) through 

(iv), not later than 18 months after the date of issuance 

of applicable Department of Energy testing procedures, 

the Commission, in consultation with the Secretary 

and the Administrator of the Environmental Protection 

Agency (acting through the Energy Star program), 

shall, by regulation, prescribe labeling or other disclosure requirements for the energy use of— 

‘‘(I) televisions; 

‘‘(II) personal computers; 

‘‘(III) cable or satellite set-top boxes; 

‘‘(IV) stand-alone digital video recorder boxes; 

and 

‘‘(V) personal computer monitors. 

‘‘(ii) ALTERNATE TESTING PROCEDURES.—In the 

absence of applicable testing procedures described in 

clause (i) for products described in subclauses (I) 

through (V) of that clause, the Commission may, by 

regulation, prescribe labeling or other disclosure 

requirements for a consumer product category 

described in clause (i) if the Commission— 

‘‘(I) identifies adequate non-Department of 

Energy testing procedures for those products; and 

‘‘(II) determines that labeling of, or other 

disclosures relating to, those products is likely to 

assist consumers in making purchasing decisions. 

‘‘(iii) DEADLINE AND REQUIREMENTS FOR

LABELING.— 

‘‘(I) DEADLINE.—Not later than 18 months 

after the date of promulgation of any requirements 

under clause (i) or (ii), the Commission shall 

require labeling of, or other disclosure requirements for, electronic products described in clause 

(i). 

‘‘(II) REQUIREMENTS.—The requirements prescribed under clause (i) or (ii) may include specific 

requirements for each electronic product to be 

labeled with respect to the placement, size, and 

content of Energy Guide labels. 

‘‘(iv) DETERMINATION OF FEASIBILITY.—Clause (i) 

or (ii) shall not apply in any case in which the Commission determines that labeling in accordance with this 

subsection— 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1596 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(I) is not technologically or economically feasible; or 

‘‘(II) is not likely to assist consumers in 

making purchasing decisions.’’; and 

(2) by adding at the end the following: 

‘‘(6) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT CAT- EGORIES.—The Commission may, by regulation, require labeling 

or other disclosures in accordance with this subsection for any 

consumer product not specified in this subsection or section 

322 if the Commission determines that labeling for the product 

is likely to assist consumers in making purchasing decisions.’’. 

(b) CONTENT OF LABEL.—Section 324(c) of the Energy Policy 

and Conservation Act (42 U.S.C. 6924(c)) is amended by adding 

at the end the following: 

‘‘(9) DISCRETIONARY APPLICATION.—The Commission may 

apply paragraphs (1), (2), (3), (5), and (6) of this subsection 

to the labeling of any product covered by paragraph (2)(I) 

or (6) of subsection (a).’’. 

TITLE IV—ENERGY SAVINGS IN 

BUILDINGS AND INDUSTRY 

SEC. 401. DEFINITIONS. 

In this title: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 

means the Green Building Advisory Committee established 

under section 484. 

(3) COMMERCIAL DIRECTOR.—The term ‘‘Commercial 

Director’’ means the individual appointed to the position established under section 421. 

(4) CONSORTIUM.—The term ‘‘Consortium’’ means the HighPerformance Green Building Partnership Consortium created 

in response to section 436(c)(1) to represent the private sector 

in a public-private partnership to promote high-performance 

green buildings and zero-net-energy commercial buildings. 

(5) COST-EFFECTIVE LIGHTING TECHNOLOGY.— (A) IN GENERAL.—The term ‘‘cost-effective lighting technology’’ means a lighting technology that— 

(i) will result in substantial operational cost 

savings by ensuring an installed consumption of not 

more than 1 watt per square foot; or 

(ii) is contained in a list under— 

(I) section 553 of Public Law 95–619 (42 U.S.C. 

8259b); 

(II) Federal acquisition regulation 23–203; and 

(III) is at least as energy-conserving as 

required by other provisions of this Act, including 

the requirements of this title and title III which 

shall be applicable to the extent that they would 

achieve greater energy savings than provided 

under clause (i) or this clause. 

(B) INCLUSIONS.—The term ‘‘cost-effective lighting technology’’ includes— 

(i) lamps; 

42 USC 17061. 

42 USC 6294. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1597 

(ii) ballasts; 

(iii) luminaires; 

(iv) lighting controls; 

(v) daylighting; and 

(vi) early use of other highly cost-effective lighting 

technologies. 

(6) COST-EFFECTIVE TECHNOLOGIES AND PRACTICES.—The 

term ‘‘cost-effective technologies and practices’’ means a technology or practice that— 

(A) will result in substantial operational cost savings 

by reducing electricity or fossil fuel consumption, water, 

or other utility costs, including use of geothermal heat 

pumps; 

(B) complies with the provisions of section 553 of Public 

Law 95–619 (42 U.S.C. 8259b) and Federal acquisition 

regulation 23–203; and 

(C) is at least as energy and water conserving as 

required under this title, including sections 431 through 

435, and title V, including sections 511 through 525, which 

shall be applicable to the extent that they are more stringent or require greater energy or water savings than 

required by this section. 

(7) FEDERAL DIRECTOR.—The term ‘‘Federal Director’’ 

means the individual appointed to the position established 

under section 436(a). 

(8) FEDERAL FACILITY.—The term ‘‘Federal facility’’ means 

any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government. 

(9) OPERATIONAL COST SAVINGS.— 

(A) IN GENERAL.—The term ‘‘operational cost savings’’ 

means a reduction in end-use operational costs through 

the application of cost-effective technologies and practices 

or geothermal heat pumps, including a reduction in electricity consumption relative to consumption by the same 

customer or at the same facility in a given year, as defined 

in guidelines promulgated by the Administrator pursuant 

to section 329(b) of the Clean Air Act, that achieves cost 

savings sufficient to pay the incremental additional costs 

of using cost-effective technologies and practices including 

geothermal heat pumps by not later than the later of 

the date established under sections 431 through 434, or— 

(i) for cost-effective technologies and practices, the 

date that is 5 years after the date of installation; 

and 

(ii) for geothermal heat pumps, as soon as practical 

after the date of installation of the applicable geothermal heat pump. 

(B) INCLUSIONS.—The term ‘‘operational cost savings’’ 

includes savings achieved at a facility as a result of— 

(i) the installation or use of cost-effective technologies and practices; or 

(ii) the planting of vegetation that shades the 

facility and reduces the heating, cooling, or lighting 

needs of the facility. 

(C) EXCLUSION.—The term ‘‘operational cost savings’’ 

does not include savings from measures that would likely 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1598 PUBLIC LAW 110–140—DEC. 19, 2007 

be adopted in the absence of cost-effective technology and 

practices programs, as determined by the Administrator. 

(10) GEOTHERMAL HEAT PUMP.—The term ‘‘geothermal heat 

pump’’ means any heating or air conditioning technology that— 

(A) uses the ground or ground water as a thermal 

energy source to heat, or as a thermal energy sink to 

cool, a building; and 

(B) meets the requirements of the Energy Star program 

of the Environmental Protection Agency applicable to geothermal heat pumps on the date of purchase of the technology. 

(11) GSA FACILITY.— (A) IN GENERAL.—The term ‘‘GSA facility’’ means any 

building, structure, or facility, in whole or in part (including 

the associated support systems of the building, structure, 

or facility) that— 

(i) is constructed (including facilities constructed 

for lease), renovated, or purchased, in whole or in 

part, by the Administrator for use by the Federal 

Government; or 

(ii) is leased, in whole or in part, by the Administrator for use by the Federal Government— 

(I) except as provided in subclause (II), for 

a term of not less than 5 years; or 

(II) for a term of less than 5 years, if the 

Administrator determines that use of cost-effective 

technologies and practices would result in the payback of expenses. 

(B) INCLUSION.—The term ‘‘GSA facility’’ includes any 

group of buildings, structures, or facilities described in 

subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and 

facilities). 

(C) EXEMPTION.—The Administrator may exempt from 

the definition of ‘‘GSA facility’’ under this paragraph a 

building, structure, or facility that meets the requirements 

of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)). 

(12) HIGH-PERFORMANCE BUILDING.—The term ‘‘highperformance building’’ means a building that integrates and 

optimizes on a life cycle basis all major high performance 

attributes, including energy conservation, environment, safety, 

security, durability, accessibility, cost-benefit, productivity, 

sustainability, functionality, and operational considerations. 

(13) HIGH-PERFORMANCE GREEN BUILDING.—The term 

‘‘high-performance green building’’ means a high-performance 

building that, during its life-cycle, as compared with similar 

buildings (as measured by Commercial Buildings Energy 

Consumption Survey or Residential Energy Consumption 

Survey data from the Energy Information Agency)— 

(A) reduces energy, water, and material resource use; 

(B) improves indoor environmental quality, including 

reducing indoor pollution, improving thermal comfort, and 

improving lighting and acoustic environments that affect 

occupant health and productivity; 

(C) reduces negative impacts on the environment 

throughout the life-cycle of the building, including air and 

water pollution and waste generation; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1599 

(D) increases the use of environmentally preferable 

products, including biobased, recycled content, and nontoxic 

products with lower life-cycle impacts; 

(E) increases reuse and recycling opportunities; 

(F) integrates systems in the building; 

(G) reduces the environmental and energy impacts of 

transportation through building location and site design 

that support a full range of transportation choices for users 

of the building; and 

(H) considers indoor and outdoor effects of the building 

on human health and the environment, including— 

(i) improvements in worker productivity; 

(ii) the life-cycle impacts of building materials and 

operations; and 

(iii) other factors that the Federal Director or the 

Commercial Director consider to be appropriate. 

(14) LIFE-CYCLE.—The term ‘‘life-cycle’’, with respect to a 

high-performance green building, means all stages of the useful 

life of the building (including components, equipment, systems, 

and controls of the building) beginning at conception of a highperformance green building project and continuing through site 

selection, design, construction, landscaping, commissioning, 

operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the high-performance green 

building. 

(15) LIFE-CYCLE ASSESSMENT.—The term ‘‘life-cycle assessment’’ means a comprehensive system approach for measuring 

the environmental performance of a product or service over 

the life of the product or service, beginning at raw materials 

acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management. 

(16) LIFE-CYCLE COSTING.—The term ‘‘life-cycle costing’’, 

with respect to a high-performance green building, means a 

technique of economic evaluation that— 

(A) sums, over a given study period, the costs of initial 

investment (less resale value), replacements, operations 

(including energy use), and maintenance and repair of an 

investment decision; and 

(B) is expressed— 

(i) in present value terms, in the case of a study 

period equivalent to the longest useful life of the 

building, determined by taking into consideration the 

typical life of such a building in the area in which 

the building is to be located; or 

(ii) in annual value terms, in the case of any 

other study period. 

(17) OFFICE OF COMMERCIAL HIGH-PERFORMANCE GREEN

BUILDINGS.—The term ‘‘Office of Commercial High-Performance 

Green Buildings’’ means the Office of Commercial HighPerformance Green Buildings established under section 421(a). 

(18) OFFICE OF FEDERAL HIGH-PERFORMANCE GREEN

BUILDINGS.—The term ‘‘Office of Federal High-Performance 

Green Buildings’’ means the Office of Federal High-Performance 

Green Buildings established under section 436(a). 

(19) PRACTICES.—The term ‘‘practices’’ means design, 

financing, permitting, construction, commissioning, operation 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1600 PUBLIC LAW 110–140—DEC. 19, 2007 

and maintenance, and other practices that contribute to 

achieving zero-net-energy buildings or facilities. 

(20) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term 

‘‘zero-net-energy commercial building’’ means a commercial 

building that is designed, constructed, and operated to— 

(A) require a greatly reduced quantity of energy to 

operate; 

(B) meet the balance of energy needs from sources 

of energy that do not produce greenhouse gases; 

(C) therefore result in no net emissions of greenhouse 

gases; and 

(D) be economically viable. 

Subtitle A—Residential Building Efficiency 

SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM. 

(a) IN GENERAL.—Section 422 of the Energy Conservation and 

Production Act (42 U.S.C. 6872) is amended by striking ‘‘appropriated $500,000,000 for fiscal year 2006, $600,000,000 for fiscal 

year 2007, and $700,000,000 for fiscal year 2008’’ and inserting 

‘‘appropriated— 

‘‘(1) $750,000,000 for fiscal year 2008; 

‘‘(2) $900,000,000 for fiscal year 2009; 

‘‘(3) $1,050,000,000 for fiscal year 2010; 

‘‘(4) $1,200,000,000 for fiscal year 2011; and 

‘‘(5) $1,400,000,000 for fiscal year 2012.’’. 

(b) SUSTAINABLE ENERGY RESOURCES FOR CONSUMERS

GRANTS.— 

(1) IN GENERAL.—The Secretary may make funding available to local weatherization agencies from amounts authorized 

under the amendment made by subsection (a) to expand the 

weatherization assistance program for residential buildings to 

include materials, benefits, and renewable and domestic energy 

technologies not covered by the program (as of the date of 

enactment of this Act), if the State weatherization grantee 

certifies that the applicant has the capacity to carry out the 

proposed activities and that the grantee will include the project 

in the financial oversight of the grantee of the weatherization 

assistance program. 

(2) PRIORITY.—In selecting grant recipients under this subsection, the Secretary shall give priority to— 

(A) the expected effectiveness and benefits of the proposed project to low- and moderate-income energy consumers; 

(B) the potential for replication of successful results; 

(C) the impact on the health and safety and energy 

costs of consumers served; and 

(D) the extent of partnerships with other public and 

private entities that contribute to the resources and 

implementation of the program, including financial partnerships. 

(3) FUNDING.— 

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

the amount of funds used for projects described in paragraph (1) may equal up to 2 percent of the amount of 

42 USC 6872 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1601 

funds made available for any fiscal year under section 

422 of the Energy Conservation and Production Act (42 

U.S.C. 6872). 

(B) EXCEPTION.—No funds may be used for sustainable 

energy resources for consumers grants for a fiscal year 

under this subsection if the amount of funds made available 

for the fiscal year to carry out the Weatherization Assistance Program for Low-Income Persons established under 

part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) is less than $275,000,000. 

(c) DEFINITION OF STATE.—Section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862) is amended by striking 

paragraph (8) and inserting the following: 

‘‘(8) STATE.—The term ‘State’ means— 

‘‘(A) a State; 

‘‘(B) the District of Columbia; 

‘‘(C) the Commonwealth of Puerto Rico; and 

‘‘(D) any other territory or possession of the United 

States.’’. 

SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

enactment of this Act, the Secretary shall conduct, and submit 

to Congress a report on, a study regarding the rebate programs 

established under sections 124 and 206(c) of the Energy Policy 

Act of 2005 (42 U.S.C. 15821, 15853). 

(b) COMPONENTS.—In conducting the study, the Secretary 

shall— 

(1) develop a plan for how the rebate programs would 

be carried out if the programs were funded; and 

(2) determine the minimum amount of funding the program 

would need to receive in order to accomplish the goals of the 

programs. 

SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING. 

(a) ESTABLISHMENT OF STANDARDS.— 

(1) IN GENERAL.—Not later than 4 years after the date 

of enactment of this Act, the Secretary shall by regulation 

establish standards for energy efficiency in manufactured 

housing. 

(2) NOTICE, COMMENT, AND CONSULTATION.—Standards 

described in paragraph (1) shall be established after— 

(A) notice and an opportunity for comment by manufacturers of manufactured housing and other interested parties; and 

(B) consultation with the Secretary of Housing and 

Urban Development, who may seek further counsel from 

the Manufactured Housing Consensus Committee. 

(b) REQUIREMENTS.— 

(1) INTERNATIONAL ENERGY CONSERVATION CODE.—The 

energy conservation standards established under this section 

shall be based on the most recent version of the International 

Energy Conservation Code (including supplements), except in 

cases in which the Secretary finds that the code is not costeffective, or a more stringent standard would be more costeffective, based on the impact of the code on the purchase 

Deadline. 

Regulations. 

42 USC 17071. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1602 PUBLIC LAW 110–140—DEC. 19, 2007 

price of manufactured housing and on total life-cycle construction and operating costs. 

(2) CONSIDERATIONS.—The energy conservation standards 

established under this section may— 

(A) take into consideration the design and factory 

construction techniques of manufactured homes; 

(B) be based on the climate zones established by the 

Department of Housing and Urban Development rather 

than the climate zones under the International Energy 

Conservation Code; and 

(C) provide for alternative practices that result in net 

estimated energy consumption equal to or less than the 

specified standards. 

(3) UPDATING.—The energy conservation standards established under this section shall be updated not later than— 

(A) 1 year after the date of enactment of this Act; 

and 

(B) 1 year after any revision to the International 

Energy Conservation Code. 

(c) ENFORCEMENT.—Any manufacturer of manufactured housing 

that violates a provision of the regulations under subsection (a) 

is liable to the United States for a civil penalty in an amount 

not exceeding 1 percent of the manufacturer’s retail list price of 

the manufactured housing. 

Subtitle B—High-Performance Commercial 

Buildings 

SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS. 

(a) DIRECTOR OF COMMERCIAL HIGH-PERFORMANCE GREEN

BUILDINGS.—Notwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency 

and Renewable Energy, shall appoint a Director of Commercial 

High-Performance Green Buildings to a position in the careerreserved Senior Executive service, with the principal responsibility 

to— 

(1) establish and manage the Office of Commercial HighPerformance Green Buildings; and 

(2) carry out other duties as required under this subtitle. 

(b) QUALIFICATIONS.—The Commercial Director shall be an individual, who by reason of professional background and experience, 

is specifically qualified to carry out the duties required under this 

subtitle. 

(c) DUTIES.—The Commercial Director shall, with respect to 

development of high-performance green buildings and zero-energy 

commercial buildings nationwide— 

(1) coordinate the activities of the Office of Commercial 

High-Performance Green Buildings with the activities of the 

Office of Federal High-Performance Green Buildings; 

(2) develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships 

with the Consortium, members of the Consortium, and other 

capable parties meeting the qualifications of the Consortium, 

to further such development; 

(3) represent the public and the Department in negotiating 

and performing in accord with such public-private partnerships; 

Appointment. 

42 USC 17081. 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1603 

(4) use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such 

development; 

(5) promote research and development of high-performance 

green buildings, consistent with section 423; and 

(6) jointly establish with the Federal Director a national 

high-performance green building clearinghouse in accordance 

with section 423(1), which shall provide high-performance green 

building information and disseminate research results 

through— 

(A) outreach; 

(B) education; and 

(C) the provision of technical assistance. 

(d) REPORTING.—The Commercial Director shall report directly 

to the Assistant Secretary for Energy Efficiency and Renewable 

Energy, or to other senior officials in a way that facilitates the 

integrated program of this subtitle for both energy efficiency and 

renewable energy and both technology development and technology 

deployment. 

(e) COORDINATION.—The Commercial Director shall ensure full 

coordination of high-performance green building information and 

activities, including activities under this subtitle, within the Federal 

Government by working with the General Services Administration 

and all relevant agencies, including, at a minimum— 

(1) the Environmental Protection Agency; 

(2) the Office of the Federal Environmental Executive; 

(3) the Office of Federal Procurement Policy; 

(4) the Department of Energy, particularly the Federal 

Energy Management Program; 

(5) the Department of Health and Human Services; 

(6) the Department of Housing and Urban Development; 

(7) the Department of Defense; 

(8) the National Institute of Standards and Technology; 

(9) the Department of Transportation; 

(10) the Office of Science Technology and Policy; and 

(11) such nonprofit high-performance green building rating 

and analysis entities as the Commercial Director determines 

can offer support, expertise, and review services. 

(f) HIGH-PERFORMANCE GREEN BUILDING PARTNERSHIP CONSORTIUM.— 

(1) RECOGNITION.—Not later than 90 days after the date 

of enactment of this Act, the Commercial Director shall formally 

recognize one or more groups that qualify as a high-performance 

green building partnership consortium. 

(2) REPRESENTATION TO QUALIFY.—To qualify under this 

section, any consortium shall include representation from— 

(A) the design professions, including national associations of architects and of professional engineers; 

(B) the development, construction, financial, and real 

estate industries; 

(C) building owners and operators from the public and 

private sectors; 

(D) academic and research organizations, including at 

least one national laboratory with extensive commercial 

building energy expertise; 

(E) building code agencies and organizations, including 

a model energy code-setting organization; 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1604 PUBLIC LAW 110–140—DEC. 19, 2007 

(F) independent high-performance green building 

associations or councils; 

(G) experts in indoor air quality and environmental 

factors; 

(H) experts in intelligent buildings and integrated 

building information systems; 

(I) utility energy efficiency programs; 

(J) manufacturers and providers of equipment and 

techniques used in high-performance green buildings; 

(K) public transportation industry experts; and 

(L) nongovernmental energy efficiency organizations. 

(3) FUNDING.—The Secretary may make payments to the 

Consortium pursuant to the terms of a public-private partnership for such activities of the Consortium undertaken under 

such a partnership as described in this subtitle directly to 

the Consortium or through one or more of its members. 

(g) REPORT.—Not later than 2 years after the date of enactment 

of this Act, and biennially thereafter, the Commercial Director, 

in consultation with the Consortium, shall submit to Congress 

a report that— 

(1) describes the status of the high-performance green 

building initiatives under this subtitle and other Federal programs affecting commercial high-performance green buildings 

in effect as of the date of the report, including— 

(A) the extent to which the programs are being carried 

out in accordance with this subtitle; and 

(B) the status of funding requests and appropriations 

for those programs; and 

(2) summarizes and highlights development, at the State 

and local level, of high-performance green building initiatives, 

including executive orders, policies, or laws adopted promoting 

high-performance green building (including the status of 

implementation of those initiatives). 

SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE. 

(a) DEFINITIONS.—In this section: 

(1) CONSORTIUM.—The term ‘‘consortium’’ means a HighPerformance Green Building Consortium selected by the 

Commercial Director. 

(2) INITIATIVE.—The term ‘‘initiative’’ means the Zero-NetEnergy Commercial Buildings Initiative established under subsection (b)(1). 

(3) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term 

‘‘zero-net-energy commercial building’’ means a high-performance commercial building that is designed, constructed, and 

operated— 

(A) to require a greatly reduced quantity of energy 

to operate; 

(B) to meet the balance of energy needs from sources 

of energy that do not produce greenhouse gases; 

(C) in a manner that will result in no net emissions 

of greenhouse gases; and 

(D) to be economically viable. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—The Commercial Director shall establish 

an initiative, to be known as the ‘‘Zero-Net-Energy Commercial 

Buildings Initiative’’— 

42 USC 17082. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1605 

(A) to reduce the quantity of energy consumed by 

commercial buildings located in the United States; and 

(B) to achieve the development of zero net energy 

commercial buildings in the United States. 

(2) CONSORTIUM.— (A) IN GENERAL.—Not later than 180 days after the 

date of enactment of this Act, the Commercial Director 

shall competitively select, and enter into an agreement 

with, a consortium to develop and carry out the initiative. 

(B) AGREEMENTS.—In entering into an agreement with 

a consortium under subparagraph (A), the Commercial 

Director shall use the authority described in section 646(g) 

of the Department of Energy Organization Act (42 U.S.C. 

7256(g)), to the maximum extent practicable. 

(c) GOAL OF INITIATIVE.—The goal of the initiative shall be 

to develop and disseminate technologies, practices, and policies 

for the development and establishment of zero net energy commercial buildings for— 

(1) any commercial building newly constructed in the 

United States by 2030; 

(2) 50 percent of the commercial building stock of the 

United States by 2040; and 

(3) all commercial buildings in the United States by 2050. 

(d) COMPONENTS.—In carrying out the initiative, the Commercial Director, in consultation with the consortium, may— 

(1) conduct research and development on building science, 

design, materials, components, equipment and controls, operation and other practices, integration, energy use measurement, 

and benchmarking; 

(2) conduct pilot programs and demonstration projects to 

evaluate replicable approaches to achieving energy efficient 

commercial buildings for a variety of building types in a variety 

of climate zones; 

(3) conduct deployment, dissemination, and technical assistance activities to encourage widespread adoption of technologies, practices, and policies to achieve energy efficient 

commercial buildings; 

(4) conduct other research, development, demonstration, 

and deployment activities necessary to achieve each goal of 

the initiative, as determined by the Commercial Director, in 

consultation with the consortium; 

(5) develop training materials and courses for building 

professionals and trades on achieving cost-effective highperformance energy efficient buildings; 

(6) develop and disseminate public education materials to 

share information on the benefits and cost-effectiveness of highperformance energy efficient buildings; 

(7) support code-setting organizations and State and local 

governments in developing minimum performance standards 

in building codes that recognize the ready availability of many 

technologies utilized in high-performance energy efficient 

buildings; 

(8) develop strategies for overcoming the split incentives 

between builders and purchasers, and landlords and tenants, 

to ensure that energy efficiency and high-performance investments are made that are cost-effective on a lifecycle basis; 

and 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1606 PUBLIC LAW 110–140—DEC. 19, 2007 

(9) develop improved means of measurement and 

verification of energy savings and performance for public 

dissemination. 

(e) COST SHARING.—In carrying out this section, the Commercial Director shall require cost sharing in accordance with section 

988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

(1) $20,000,000 for fiscal year 2008; 

(2) $50,000,000 for each of fiscal years 2009 and 2010; 

(3) $100,000,000 for each of fiscal years 2011 and 2012; 

and 

(4) $200,000,000 for each of fiscal years 2013 through 2018. 

SEC. 423. PUBLIC OUTREACH. 

The Commercial Director and Federal Director, in coordination 

with the Consortium, shall carry out public outreach to inform 

individuals and entities of the information and services available 

governmentwide by— 

(1) establishing and maintaining a national high-performance green building clearinghouse, including on the Internet, 

that— 

(A) identifies existing similar efforts and coordinates 

activities of common interest; and 

(B) provides information relating to high-performance 

green buildings, including hyperlinks to Internet sites that 

describe the activities, information, and resources of— 

(i) the Federal Government; 

(ii) State and local governments; 

(iii) the private sector (including nongovernmental 

and nonprofit entities and organizations); and 

(iv) international organizations; 

(2) identifying and recommending educational resources 

for implementing high-performance green building practices, 

including security and emergency benefits and practices; 

(3) providing access to technical assistance, tools, and 

resources for constructing high-performance green buildings, 

particularly tools to conduct life-cycle costing and life-cycle 

assessment; 

(4) providing information on application processes for certifying a high-performance green building, including certification 

and commissioning; 

(5) providing to the public, through the Commercial 

Director, technical and research information or other forms 

of assistance or advice that would be useful in planning and 

constructing high-performance green buildings; 

(6) using such additional methods as are determined by 

the Commercial Director to be appropriate to conduct public 

outreach; 

(7) surveying existing research and studies relating to highperformance green buildings; and 

(8) coordinating activities of common interest. 

42 USC 17083. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1607 

Subtitle C—High-Performance Federal 

Buildings 

SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS. 

Section 543(a)(1) of the National Energy Conservation Policy 

Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and 

inserting the following: 

‘‘Fiscal Year Percentage 

Reduction 

2006 ................................................................................................... 2

2007 ................................................................................................... 4

2008 ................................................................................................... 9

2009 ................................................................................................... 12

2010 ................................................................................................... 15

2011 ................................................................................................... 18

2012 ................................................................................................... 21

2013 ................................................................................................... 24

2014 ................................................................................................... 27

2015 ................................................................................................... 30.’’. 

SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL BUILDINGS. 

Section 543 of the National Energy Conservation Policy Act 

(42 U.S.C. 8253) is amended by adding at the end the following: 

‘‘(f) USE OF ENERGY AND WATER EFFICIENCY MEASURES IN

FEDERAL BUILDINGS.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) COMMISSIONING.—The term ‘commissioning’, with 

respect to a facility, means a systematic process— 

‘‘(i) of ensuring, using appropriate verification and 

documentation, during the period beginning on the 

initial day of the design phase of the facility and ending 

not earlier than 1 year after the date of completion 

of construction of the facility, that all facility systems 

perform interactively in accordance with— 

‘‘(I) the design documentation and intent of 

the facility; and 

‘‘(II) the operational needs of the owner of 

the facility, including preparation of operation personnel; and 

‘‘(ii) the primary goal of which is to ensure fully 

functional systems that can be properly operated and 

maintained during the useful life of the facility. 

‘‘(B) ENERGY MANAGER.— 

‘‘(i) IN GENERAL.—The term ‘energy manager’, with 

respect to a facility, means the individual who is 

responsible for— 

‘‘(I) ensuring compliance with this subsection 

by the facility; and 

‘‘(II) reducing energy use at the facility. 

‘‘(ii) INCLUSIONS.—The term ‘energy manager’ may 

include— 

‘‘(I) a contractor of a facility; 

‘‘(II) a part-time employee of a facility; and 

‘‘(III) an individual who is responsible for multiple facilities. 

‘‘(C) FACILITY.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1608 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(i) IN GENERAL.—The term ‘facility’ means any 

building, installation, structure, or other property 

(including any applicable fixtures) owned or operated 

by, or constructed or manufactured and leased to, the 

Federal Government. 

‘‘(ii) INCLUSIONS.—The term ‘facility’ includes— 

‘‘(I) a group of facilities at a single location 

or multiple locations managed as an integrated 

operation; and 

‘‘(II) contractor-operated facilities owned by 

the Federal Government. 

‘‘(iii) EXCLUSIONS.—The term ‘facility’ does not 

include any land or site for which the cost of utilities 

is not paid by the Federal Government. 

‘‘(D) LIFE CYCLE COST-EFFECTIVE.—The term ‘life cycle 

cost-effective’, with respect to a measure, means a measure, 

the estimated savings of which exceed the estimated costs 

over the lifespan of the measure, as determined in accordance with section 544. 

‘‘(E) PAYBACK PERIOD.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the term 

‘payback period’, with respect to a measure, means 

a value equal to the quotient obtained by dividing— 

‘‘(I) the estimated initial implementation cost 

of the measure (other than financing costs); by 

‘‘(II) the annual cost savings resulting from 

the measure, including— 

‘‘(aa) net savings in estimated energy and 

water costs; and 

‘‘(bb) operations, maintenance, repair, 

replacement, and other direct costs. 

‘‘(ii) MODIFICATIONS AND EXCEPTIONS.—The Secretary, in guidelines issued pursuant to paragraph (6), 

may make such modifications and provide such exceptions to the calculation of the payback period of a 

measure as the Secretary determines to be appropriate 

to achieve the purposes of this Act. 

‘‘(F) RECOMMISSIONING.—The term ‘recommissioning’ 

means a process— 

‘‘(i) of commissioning a facility or system beyond 

the project development and warranty phases of the 

facility or system; and 

‘‘(ii) the primary goal of which is to ensure 

optimum performance of a facility, in accordance with 

design or current operating needs, over the useful life 

of the facility, while meeting building occupancy 

requirements. 

‘‘(G) RETROCOMMISSIONING.—The term ‘retrocommissioning’ means a process of commissioning a facility or 

system that was not commissioned at the time of construction of the facility or system. 

‘‘(2) FACILITY ENERGY MANAGERS.— 

‘‘(A) IN GENERAL.—Each Federal agency shall designate 

an energy manager responsible for implementing this subsection and reducing energy use at each facility that meets 

criteria under subparagraph (B). 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1609 

‘‘(B) COVERED FACILITIES.—The Secretary shall develop 

criteria, after consultation with affected agencies, energy 

efficiency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities, 

including central utility plants and distribution systems 

and other energy intensive operations, that constitute at 

least 75 percent of facility energy use at each agency. 

‘‘(3) ENERGY AND WATER EVALUATIONS.— ‘‘(A) EVALUATIONS.—Effective beginning on the date 

that is 180 days after the date of enactment of this subsection and annually thereafter, energy managers shall 

complete, for each calendar year, a comprehensive energy 

and water evaluation for approximately 25 percent of the 

facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation 

of each such facility is completed at least once every 4 

years. 

‘‘(B) RECOMMISSIONING AND RETROCOMMISSIONING.—As 

part of the evaluation under subparagraph (A), the energy 

manager shall identify and assess recommissioning measures (or, if the facility has never been commissioned, 

retrocommissioning measures) for each such facility. 

‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER

EFFICIENCY MEASURES.—Not later than 2 years after the 

completion of each evaluation under paragraph (3), each energy 

manager may— 

‘‘(A) implement any energy- or water-saving measure 

that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; 

and 

‘‘(B) bundle individual measures of varying paybacks 

together into combined projects. 

‘‘(5) FOLLOW-UP ON IMPLEMENTED MEASURES.—For each 

measure implemented under paragraph (4), each energy manager shall ensure that— 

‘‘(A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating 

at design specifications; 

‘‘(B) a plan for appropriate operations, maintenance, 

and repair of the equipment is in place at acceptance 

and is followed; 

‘‘(C) equipment and system performance is measured 

during its entire life to ensure proper operations, maintenance, and repair; and 

‘‘(D) energy and water savings are measured and 

verified. 

‘‘(6) GUIDELINES.— 

‘‘(A) IN GENERAL.—The Secretary shall issue guidelines 

and necessary criteria that each Federal agency shall follow 

for implementation of— 

‘‘(i) paragraphs (2) and (3) not later than 180 days 

after the date of enactment of this subsection; and 

‘‘(ii) paragraphs (4) and (5) not later than 1 year 

after the date of enactment of this subsection. 

‘‘(B) RELATIONSHIP TO FUNDING SOURCE.—The guidelines issued by the Secretary under subparagraph (A) shall 

be appropriate and uniform for measures funded with each 

Deadlines. 

Deadline. 

Effective date. 

Criteria. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1610 PUBLIC LAW 110–140—DEC. 19, 2007 

type of funding made available under paragraph (10), but 

may distinguish between different types of measures 

project size, and other criteria the Secretary determines 

are relevant. 

‘‘(7) WEB-BASED CERTIFICATION.— ‘‘(A) IN GENERAL.—For each facility that meets the 

criteria established by the Secretary under paragraph 

(2)(B), the energy manager shall use the web-based 

tracking system under subparagraph (B) to certify compliance with the requirements for— 

‘‘(i) energy and water evaluations under paragraph 

(3); 

‘‘(ii) implementation of identified energy and water 

measures under paragraph (4); and 

‘‘(iii) follow-up on implemented measures under 

paragraph (5). 

‘‘(B) DEPLOYMENT.— 

‘‘(i) IN GENERAL.—Not later than 1 year after the 

date of enactment of this subsection, the Secretary 

shall develop and deploy a web-based tracking system 

required under this paragraph in a manner that tracks, 

at a minimum— 

‘‘(I) the covered facilities; 

‘‘(II) the status of meeting the requirements 

specified in subparagraph (A); 

‘‘(III) the estimated cost and savings for measures required to be implemented in a facility; 

‘‘(IV) the measured savings and persistence 

of savings for implemented measures; and 

‘‘(V) the benchmarking information disclosed 

under paragraph (8)(C). 

‘‘(ii) EASE OF COMPLIANCE.—The Secretary shall 

ensure that energy manager compliance with the 

requirements in this paragraph, to the maximum 

extent practicable— 

‘‘(I) can be accomplished with the use of 

streamlined procedures and templates that minimize the time demands on Federal employees; and 

‘‘(II) is coordinated with other applicable 

energy reporting requirements. 

‘‘(C) AVAILABILITY.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the Secretary shall make the web-based tracking system 

required under this paragraph available to Congress, 

other Federal agencies, and the public through the 

Internet. 

‘‘(ii) EXEMPTIONS.—At the request of a Federal 

agency, the Secretary may exempt specific data for 

specific facilities from disclosure under clause (i) for 

national security purposes. 

‘‘(8) BENCHMARKING OF FEDERAL FACILITIES.— ‘‘(A) IN GENERAL.—The energy manager shall enter 

energy use data for each metered building that is (or is 

a part of) a facility that meets the criteria established 

by the Secretary under paragraph (2)(B) into a building 

energy use benchmarking system, such as the Energy Star 

Portfolio Manager. 

Internet. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1611 

‘‘(B) SYSTEM AND GUIDANCE.—Not later than 1 year 

after the date of enactment of this subsection, the Secretary 

shall— 

‘‘(i) select or develop the building energy use 

benchmarking system required under this paragraph 

for each type of building; and 

‘‘(ii) issue guidance for use of the system. 

‘‘(C) PUBLIC DISCLOSURE.—Each energy manager shall 

post the information entered into, or generated by, a 

benchmarking system under this subsection, on the webbased tracking system under paragraph (7)(B). The energy 

manager shall update such information each year, and 

shall include in such reporting previous years’ information 

to allow changes in building performance to be tracked 

over time. 

‘‘(9) FEDERAL AGENCY SCORECARDS.— 

‘‘(A) IN GENERAL.—The Director of the Office of 

Management and Budget shall issue semiannual scorecards 

for energy management activities carried out by each Federal agency that includes— 

‘‘(i) summaries of the status of implementing the 

various requirements of the agency and its energy 

managers under this subsection; and 

‘‘(ii) any other means of measuring performance 

that the Director considers appropriate. 

‘‘(B) AVAILABILITY.—The Director shall make the scorecards required under this paragraph available to Congress, 

other Federal agencies, and the public through the Internet. 

‘‘(10) FUNDING AND IMPLEMENTATION.— 

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated such sums as are necessary 

to carry out this subsection. 

‘‘(B) FUNDING OPTIONS.— 

‘‘(i) IN GENERAL.—To carry out this subsection, 

a Federal agency may use any combination of— 

‘‘(I) appropriated funds made available under 

subparagraph (A); and 

‘‘(II) private financing otherwise authorized 

under Federal law, including financing available 

through energy savings performance contracts or 

utility energy service contracts. 

‘‘(ii) COMBINED FUNDING FOR SAME MEASURE.—A 

Federal agency may use any combination of appropriated funds and private financing described in clause 

(i) to carry out the same measure under this subsection. 

‘‘(C) IMPLEMENTATION.—Each Federal agency may 

implement the requirements under this subsection itself 

or may contract out performance of some or all of the 

requirements. 

‘‘(11) RULE OF CONSTRUCTION.—This subsection shall not 

be construed to require or to obviate any contractor savings 

guarantees.’’. 

Internet. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1612 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 

STANDARDS. 

(a) STANDARDS.—Section 305(a)(3) of the Energy Conservation 

and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding 

at the end the following new subparagraph: 

‘‘(D) Not later than 1 year after the date of enactment of 

the Energy Independence and Security Act of 2007, the Secretary 

shall establish, by rule, revised Federal building energy efficiency 

performance standards that require that: 

‘‘(i) For new Federal buildings and Federal buildings undergoing major renovations, with respect to which the Administrator of General Services is required to transmit a prospectus 

to Congress under section 3307 of title 40, United States Code, 

in the case of public buildings (as defined in section 3301 

of title 40, United States Code), or of at least $2,500,000 in 

costs adjusted annually for inflation for other buildings: 

‘‘(I) The buildings shall be designed so that the fossil 

fuel-generated energy consumption of the buildings is 

reduced, as compared with such energy consumption by 

a similar 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

2010 .............................................................. 55

2015 .............................................................. 65

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

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

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

‘‘(II) Upon petition by an agency subject to this 

subparagraph, the Secretary may adjust the applicable 

numeric requirement under subclause (I) downward with 

respect to a specific building, if the head of the agency 

designing the building certifies in writing that meeting 

such requirement would be technically impracticable in 

light of the agency’s specified functional needs for that 

building and the Secretary concurs with the agency’s 

conclusion. This subclause shall not apply to the General 

Services Administration. 

‘‘(III) Sustainable design principles shall be applied 

to the siting, design, and construction of such buildings. 

Not later than 90 days after the date of enactment of 

the Energy Independence and Security Act of 2007, the 

Secretary, after reviewing the findings of the Federal 

Director under section 436(h) of that Act, in consultation 

with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations 

relating to those facilities under the custody and control 

of the Department of Defense, shall identify a certification 

system and level for green buildings that the Secretary 

determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification 

of green buildings. The identification of the certification 

system and level shall be based on a review of the Federal 

Applicability. 

Deadline. 

Deadline. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1613 

Director’s findings under section 436(h) of the Energy 

Independence and Security Act of 2007 and the criteria 

specified in clause (iii), shall identify the highest level 

the Secretary determines is appropriate above the minimum level required for certification under the system 

selected, and shall achieve results at least comparable to 

the system used by and highest level referenced by the 

General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. 

Within 90 days of the completion of each study required 

by clause (iv), the Secretary, in consultation with the 

Administrator of General Services, and in consultation with 

the Secretary of Defense for considerations relating to those 

facilities under the custody and control of the Department 

of Defense, shall review and update the certification system 

and level, taking into account the conclusions of such study. 

‘‘(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, 

the Secretary shall take into account the scope, degree, and 

types of renovations that are likely to provide significant 

opportunities for substantial improvements in energy efficiency. 

‘‘(iii) In identifying the green building certification system 

and level, the Secretary shall take into consideration— 

‘‘(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement 

of metrics at the scale necessary to implement this subparagraph; 

‘‘(II) the ability of the applicable certification organization to collect and reflect public comment; 

‘‘(III) the ability of the standard to be developed and 

revised through a consensus-based process; 

‘‘(IV) an evaluation of the robustness of the criteria 

for a high-performance green building, which shall give 

credit for promoting— 

‘‘(aa) efficient and sustainable use of water, energy, 

and other natural resources; 

‘‘(bb) use of renewable energy sources; 

‘‘(cc) improved indoor environmental quality 

through enhanced indoor air quality, thermal comfort, 

acoustics, day lighting, pollutant source control, and 

use of low-emission materials and building system controls; and 

‘‘(dd) such other criteria as the Secretary determines to be appropriate; and 

‘‘(V) national recognition within the building industry. 

‘‘(iv) At least once every 5 years, and in accordance with 

section 436 of the Energy Independence and Security Act of 

2007, the Administrator of General Services shall conduct a 

study to evaluate and compare available third-party green 

building certification systems and levels, taking into account 

the criteria listed in clause (iii). 

‘‘(v) The Secretary may by rule allow Federal agencies 

to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). The Secretary shall include in any 

such rule guidelines to ensure that the certification process 

results in buildings meeting the applicable certification system 

Guidelines. 

Study. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1614 PUBLIC LAW 110–140—DEC. 19, 2007 

and level identified under clause (i)(III). An agency employing 

an internal certification process must continue to obtain 

external certification by the certification entity identified under 

clause (i)(III) for at least 5 percent of the total number of 

buildings certified annually by the agency. 

‘‘(vi) With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, 

through rulemaking, develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve 

an equivalent result in terms of energy savings, sustainable 

design, and green building performance. 

‘‘(vii) In addition to any use of water conservation technologies otherwise required by this section, water conservation 

technologies shall be applied to the extent that the technologies 

are life-cycle cost-effective.’’. 

(b) DEFINITIONS.—Section 303(6) of the Energy Conservation 

and Production Act (42 U.S.C. 6832(6)) is amended by striking 

‘‘which is not legally subject to State or local building codes or 

similar requirements.’’ and inserting ‘‘. Such term shall include 

buildings built for the purpose of being leased by a Federal agency, 

and privatized military housing.’’. 

(c) REVISION OF FEDERAL ACQUISITION REGULATION.—Not later 

than 2 years after the date of the enactment of this Act, the 

Federal Acquisition Regulation shall be revised to require Federal 

officers and employees to comply with this section and the amendments made by this section in the acquisition, construction, or 

major renovation of any facility. The members of the Federal 

Acquisition Regulatory Council (established under section 25 of 

the Office of Federal Procurement Policy Act (41 U.S.C. 421)) shall 

consult with the Federal Director and the Commercial Director 

before promulgating regulations to carry out this subsection. 

(d) GUIDANCE.—Not later than 90 days after the date of 

promulgation of the revised regulations under subsection (c), the 

Administrator for Federal Procurement Policy shall issue guidance 

to all Federal procurement executives providing direction and 

instructions to renegotiate the design of proposed facilities and 

major renovations for existing facilities to incorporate improvements 

that are consistent with this section. 

SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY. 

(a) LARGE CAPITAL ENERGY INVESTMENTS.—Section 543 of the 

National Energy Conservation Policy Act (42 U.S.C. 8253) is 

amended by adding at the end the following: 

‘‘(f) LARGE CAPITAL ENERGY INVESTMENTS.— 

‘‘(1) IN GENERAL.—Each Federal agency shall ensure that 

any large capital energy investment in an existing building 

that is not a major renovation but involves replacement of 

installed equipment (such as heating and cooling systems), 

or involves renovation, rehabilitation, expansion, or remodeling 

of existing space, employs the most energy efficient designs, 

systems, equipment, and controls that are life-cycle cost effective. 

‘‘(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS.—Not 

later than 180 days after the date of enactment of this subsection, each Federal agency shall— 

Deadline. 

Deadline. 

Deadline. 

42 USC 6834 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1615 

‘‘(A) develop a process for reviewing each decision made 

on a large capital energy investment described in paragraph (1) to ensure that the requirements of this subsection 

are met; and 

‘‘(B) report to the Director of the Office of Management 

and Budget on the process established. 

‘‘(3) COMPLIANCE REPORT.—Not later than 1 year after the 

date of enactment of this subsection, the Director of the Office 

of Management and Budget shall evaluate and report to Congress on the compliance of each agency with this subsection.’’. 

(b) METERING.—Section 543(e)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 

after the second sentence the following: ‘‘Not later than October 

1, 2016, each agency shall provide for equivalent metering of natural 

gas and steam, in accordance with guidelines established by the 

Secretary under paragraph (2).’’. 

SEC. 435. LEASING. 

(a) IN GENERAL.—Except as provided in subsection (b), effective 

beginning on the date that is 3 years after the date of enactment 

of this Act, no Federal agency shall enter into a contract to lease 

space in a building that has not earned the Energy Star label 

in the most recent year. 

(b) EXCEPTION.— 

(1) APPLICATION.—This subsection applies if— 

(A) no space is available in a building described in 

subsection (a) that meets the functional requirements of 

an agency, including locational needs; 

(B) the agency proposes to remain in a building that 

the agency has occupied previously; 

(C) the agency proposes to lease a building of historical, 

architectural, or cultural significance (as defined in section 

3306(a)(4) of title 40, United States Code) or space in 

such a building; or 

(D) the lease is for not more than 10,000 gross square 

feet of space. 

(2) BUILDINGS WITHOUT ENERGY STAR LABEL.—If one of 

the conditions described in paragraph (2) is met, the agency 

may enter into a contract to lease space in a building that 

has not earned the Energy Star label in the most recent year 

if the lease contract includes provisions requiring that, prior 

to occupancy or, in the case of a contract described in paragraph 

(1)(B), not later than 1 year after signing the contract, the 

space will be renovated for all energy efficiency and conservation improvements that would be cost effective over the life 

of the lease, including improvements in lighting, windows, and 

heating, ventilation, and air conditioning systems. 

(c) REVISION OF FEDERAL ACQUISITION REGULATION.— 

(1) IN GENERAL.—Not later than 3 years after the date 

of the enactment of this Act, the Federal Acquisition Regulation 

described in section 6(a) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal 

officers and employees to comply with this section in leasing 

buildings. 

(2) CONSULTATION.—The members of the Federal Acquisition Regulatory Council established under section 25 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 

Deadline. 

Deadline. 

Effective date. 

42 USC 17091. 

Deadline. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1616 PUBLIC LAW 110–140—DEC. 19, 2007 

consult with the Federal Director and the Commercial Director 

before promulgating regulations to carry out this subsection. 

SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS. 

(a) ESTABLISHMENT OF OFFICE.—Not later than 60 days after 

the date of enactment of this Act, the Administrator shall establish 

within the General Services Administration an Office of Federal 

High-Performance Green Buildings, and appoint an individual to 

serve as Federal Director in, a position in the career-reserved 

Senior Executive service, to— 

(1) establish and manage the Office of Federal HighPerformance Green Buildings; and 

(2) carry out other duties as required under this subtitle. 

(b) COMPENSATION.—The compensation of the Federal Director 

shall not exceed the maximum rate of basic pay for the Senior 

Executive Service under section 5382 of title 5, United States Code, 

including any applicable locality-based comparability payment that 

may be authorized under section 5304(h)(2)(C) of that title. 

(c) DUTIES.—The Federal Director shall— 

(1) coordinate the activities of the Office of Federal HighPerformance Green Buildings with the activities of the Office 

of Commercial High-Performance Green Buildings, and the Secretary, in accordance with section 305(a)(3)(D) of the Energy 

Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)); 

(2) ensure full coordination of high-performance green 

building information and activities within the General Services 

Administration and all relevant agencies, including, at a minimum— 

(A) the Environmental Protection Agency; 

(B) the Office of the Federal Environmental Executive; 

(C) the Office of Federal Procurement Policy; 

(D) the Department of Energy; 

(E) the Department of Health and Human Services; 

(F) the Department of Defense; 

(G) the Department of Transportation; 

(H) the National Institute of Standards and Technology; and 

(I) the Office of Science and Technology Policy; 

(3) establish a senior-level Federal Green Building Advisory 

Committee under section 474, which shall provide advice and 

recommendations in accordance with that section and subsection (d); 

(4) identify and every 5 years reassess improved or higher 

rating standards recommended by the Advisory Committee; 

(5) ensure full coordination, dissemination of information 

regarding, and promotion of the results of research and development information relating to Federal high-performance green 

building initiatives; 

(6) identify and develop Federal high-performance green 

building standards for all types of Federal facilities, consistent 

with the requirements of this subtitle and section 305(a)(3)(D) 

of the Energy Conservation and Production Act (42 U.S.C. 

6834(a)(3)(D)); 

(7) establish green practices that can be used throughout 

the life of a Federal facility; 

Deadline. 

42 USC 17092. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1617 

(8) review and analyze current Federal budget practices 

and life-cycle costing issues, and make recommendations to 

Congress, in accordance with subsection (d); and 

(9) identify opportunities to demonstrate innovative and 

emerging green building technologies and concepts. 

(d) ADDITIONAL DUTIES.—The Federal Director, in consultation 

with the Commercial Director and the Advisory Committee, and 

consistent with the requirements of section 305(a)(3)(D) of the 

Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) 

shall— 

(1) identify, review, and analyze current budget and contracting practices that affect achievement of high-performance 

green buildings, including the identification of barriers to highperformance green building life-cycle costing and budgetary 

issues; 

(2) develop guidance and conduct training sessions with 

budget specialists and contracting personnel from Federal agencies and budget examiners to apply life-cycle cost criteria to 

actual projects; 

(3) identify tools to aid life-cycle cost decisionmaking; and 

(4) explore the feasibility of incorporating the benefits of 

high-performance green buildings, such as security benefits, 

into a cost-budget analysis to aid in life-cycle costing for budget 

and decisionmaking processes. 

(e) INCENTIVES.—Within 90 days after the date of enactment 

of this Act, the Federal Director shall identify incentives to encourage the expedited use of high-performance green buildings and 

related technology in the operations of the Federal Government, 

in accordance with the requirements of section 305(a)(3)(D) of the 

Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), 

including through— 

(1) the provision of recognition awards; and 

(2) the maximum feasible retention of financial savings 

in the annual budgets of Federal agencies for use in reinvesting 

in future high-performance green building initiatives. 

(f) REPORT.—Not later than 2 years after the date of enactment 

of this Act, and biennially thereafter, the Federal Director, in consultation with the Secretary, shall submit to Congress a report 

that— 

(1) describes the status of compliance with this subtitle, 

the requirements of section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), and 

other Federal high-performance green building initiatives in 

effect as of the date of the report, including— 

(A) the extent to which the programs are being carried 

out in accordance with this subtitle and the requirements 

of section 305(a)(3)(D) of that Act; and 

(B) the status of funding requests and appropriations 

for those programs; 

(2) identifies within the planning, budgeting, and construction process all types of Federal facility procedures that may 

affect the certification of new and existing Federal facilities 

as high-performance green buildings under the provisions of 

section 305(a)(3)(D) of that Act and the criteria established 

in subsection (h); 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1618 PUBLIC LAW 110–140—DEC. 19, 2007 

(3) identifies inconsistencies, as reported to the Advisory 

Committee, in Federal law with respect to product acquisition 

guidelines and high-performance product guidelines; 

(4) recommends language for uniform standards for use 

by Federal agencies in environmentally responsible acquisition; 

(5) in coordination with the Office of Management and 

Budget, reviews the budget process for capital programs with 

respect to alternatives for— 

(A) restructuring of budgets to require the use of complete energy and environmental cost accounting; 

(B) using operations expenditures in budget-related 

decisions while simultaneously incorporating productivity 

and health measures (as those measures can be quantified 

by the Office of Federal High-Performance Green Buildings, 

with the assistance of universities and national laboratories); 

(C) streamlining measures for permitting Federal agencies to retain all identified savings accrued as a result 

of the use of life-cycle costing for future high-performance 

green building initiatives; and 

(D) identifying short-term and long-term cost savings 

that accrue from high-performance green buildings, 

including those relating to health and productivity; 

(6) identifies green, self-sustaining technologies to address 

the operational needs of Federal facilities in times of national 

security emergencies, natural disasters, or other dire emergencies; 

(7) summarizes and highlights development, at the State 

and local level, of high-performance green building initiatives, 

including executive orders, policies, or laws adopted promoting 

high-performance green building (including the status of 

implementation of those initiatives); and 

(8) includes, for the 2-year period covered by the report, 

recommendations to address each of the matters, and a plan 

for implementation of each recommendation, described in paragraphs (1) through (7). 

(g) IMPLEMENTATION.—The Office of Federal High-Performance 

Green Buildings shall carry out each plan for implementation of 

recommendations under subsection (f)(8). 

(h) IDENTIFICATION OF CERTIFICATION SYSTEM.— 

(1) IN GENERAL.—For the purpose of this section, not later 

than 60 days after the date of enactment of this Act, the 

Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification 

system that the Director determines to be the most likely 

to encourage a comprehensive and environmentally-sound 

approach to certification of green buildings. 

(2) BASIS.—The system identified under paragraph (1) shall 

be based on— 

(A) a study completed every 5 years and provided 

to the Secretary pursuant to section 305(a)(3)(D) of that 

Act, which shall be carried out by the Federal Director 

to compare and evaluate standards; 

(B) the ability and availability of assessors and auditors to independently verify the criteria and measurement 

of metrics at the scale necessary to implement this subtitle; 

Study. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1619 

(C) the ability of the applicable standard-setting 

organization to collect and reflect public comment; 

(D) the ability of the standard to be developed and 

revised through a consensus-based process; 

(E) an evaluation of the robustness of the criteria for 

a high-performance green building, which shall give credit 

for promoting— 

(i) efficient and sustainable use of water, energy, 

and other natural resources; 

(ii) use of renewable energy sources; 

(iii) improved indoor environmental quality 

through enhanced indoor air quality, thermal comfort, 

acoustics, day lighting, pollutant source control, and 

use of low-emission materials and building system controls; 

(iv) reduced impacts from transportation through 

building location and site design that promote access 

by public transportation; and 

(v) such other criteria as the Federal Director 

determines to be appropriate; and 

(F) national recognition within the building industry. 

SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE. 

(a) IN GENERAL.—Not later than October 31 of each of the 

2 fiscal years following the fiscal year in which this Act is enacted, 

and at such times thereafter as the Comptroller General of the 

United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years 

that have passed since the preceding report— 

(1) conduct an audit of the implementation of this subtitle, 

section 305(a)(3)(D) of the Energy Conservation and Production 

Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and 

(2) submit to the Federal Director, the Advisory Committee, 

the Administrator, and Congress a report describing the results 

of the audit. 

(b) CONTENTS.—An audit under subsection (a) shall include 

a review, with respect to the period covered by the report under 

subsection (a)(2), of— 

(1) budget, life-cycle costing, and contracting issues, using 

best practices identified by the Comptroller General of the 

United States and heads of other agencies in accordance with 

section 436(d); 

(2) the level of coordination among the Federal Director, 

the Office of Management and Budget, the Department of 

Energy, and relevant agencies; 

(3) the performance of the Federal Director and other agencies in carrying out the implementation plan; 

(4) the design stage of high-performance green building 

measures; 

(5) high-performance building data that were collected and 

reported to the Office; and 

(6) such other matters as the Comptroller General of the 

United States determines to be appropriate. 

(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.—The Federal 

Director shall consult with the Advisory Committee to enhance, 

and assist in the implementation of, the Office of Management 

and Budget government efficiency reports and scorecards under 

Reports. 

Audit. 

Deadline. 

42 USC 17093. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1620 PUBLIC LAW 110–140—DEC. 19, 2007 

section 528 and the Environmental Stewardship Scorecard 

announced at the White House summit on Federal sustainable 

buildings in January 2006, to measure the implementation by each 

Federal agency of sustainable design and green building initiatives. 

SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL 

DEVELOPMENT PROJECTS. 

The sponsor of any development or redevelopment project 

involving a Federal facility with a footprint that exceeds 5,000 

square feet shall use site planning, design, construction, and 

maintenance strategies for the property to maintain or restore, 

to the maximum extent technically feasible, the predevelopment 

hydrology of the property with regard to the temperature, rate, 

volume, and duration of flow. 

SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. 

(a) DEFINITION OF ADMINISTRATOR.—In this section, the term 

‘‘Administrator’’ means the Administrator of General Services. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—The Administrator shall establish a program to accelerate the use of more cost-effective technologies 

and practices at GSA facilities. 

(2) REQUIREMENTS.—The program established under this 

subsection shall— 

(A) ensure centralized responsibility for the coordination of cost reduction-related recommendations, practices, 

and activities of all relevant Federal agencies; 

(B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified 

in subsection (c)(2)(B)(ii); 

(C) establish methods to track the success of Federal 

departments and agencies with respect to that goal; and 

(D) be fully coordinated with and no less stringent 

nor less energy-conserving or water-conserving than 

required by other provisions of this Act and other applicable 

law, including sections 321 through 324, 431 through 438, 

461, 511 through 518, and 523 through 525 and amendments made by those sections. 

(c) ACCELERATED USE OF TECHNOLOGIES.— 

(1) REVIEW.— 

(A) IN GENERAL.—As part of the program under this 

section, not later than 90 days after the date of enactment 

of this Act, the Administrator shall conduct a review of— 

(i) current use of cost-effective lighting technologies 

and geothermal heat pumps in GSA facilities; and 

(ii) the availability to managers of GSA facilities 

of cost-effective lighting technologies and geothermal 

heat pumps. 

(B) REQUIREMENTS.—The review under subparagraph 

(A) shall— 

(i) examine the use of cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies and practices by Federal agencies 

in GSA facilities; and 

(ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify 

cost-effective lighting technology and geothermal heat 

Deadline. 

42 USC 17095. 

42 USC 17094. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1621 

pump technology standards that could be used for all 

types of GSA facilities. 

(2) REPLACEMENT.— 

(A) IN GENERAL.—As part of the program under this 

section, not later than 180 days after the date of enactment 

of this Act, the Administrator shall establish, using available appropriations and programs implementing sections 

432 and 525 (and amendments made by those sections), 

a cost-effective lighting technology and geothermal heat 

pump technology acceleration program to achieve maximum 

feasible replacement of existing lighting, heating, cooling 

technologies with cost-effective lighting technologies and 

geothermal heat pump technologies in each GSA facility. 

Such program shall fully comply with the requirements 

of sections 321 through 324, 431 through 438, 461, 511 

through 518, and 523 through 525 and amendments made 

by those sections and any other provisions of law, which 

shall be applicable to the extent that they are more stringent or would achieve greater energy savings than required 

by this section. 

(B) ACCELERATION PLAN TIMETABLE.— 

(i) IN GENERAL.—To implement the program established under subparagraph (A), not later than 1 year 

after the date of enactment of this Act, the Administrator shall establish a timetable of actions to comply 

with the requirements of this section and sections 431 

through 435, whichever achieves greater energy 

savings most expeditiously, including milestones for 

specific activities needed to replace existing lighting, 

heating, cooling technologies with cost-effective lighting 

technologies and geothermal heat pump technologies, 

to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility. 

(ii) GOAL.—The goal of the timetable under clause 

(i) shall be to complete, using available appropriations 

and programs implementing sections 431 through 435 

(and amendments made by those sections), maximum 

feasible replacement of existing lighting, heating, and 

cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies consistent with the requirements of this section and sections 431 through 435, whichever achieves greater 

energy savings most expeditiously. Notwithstanding 

any provision of this section, such program shall fully 

comply with the requirements of the Act including 

sections 321 through 324, 431 through 438, 461, 511 

through 518, and 523 through 525 and amendments 

made by those sections and other provisions of law, 

which shall be applicable to the extent that they are 

more stringent or would achieve greater energy or 

water savings than required by this section. 

(d) GSA FACILITY TECHNOLOGIES AND PRACTICES.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, and annually thereafter, the Administrator shall— 

(A) ensure that a manager responsible for implementing section 432 and for accelerating the use of costDeadline. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1622 PUBLIC LAW 110–140—DEC. 19, 2007 

effective technologies and practices is designated for each 

GSA facility; and 

(B) submit to Congress a plan to comply with section 

432, this section, and other applicable provisions of this 

Act and applicable law with respect to energy and water 

conservation at GSA facilities. 

(2) MEASURES.—The plan shall implement measures 

required by such other provisions of law in accordance with 

those provisions, and shall implement the measures required 

by this section to the maximum extent feasible (including at 

the maximum rate feasible) using available appropriations and 

programs implementing sections 431 through 435 and 525 (and 

amendments made by those sections), by not later than the 

date that is 5 years after the date of enactment of this Act. 

(3) CONTENTS OF PLAN.—The plan shall— 

(A) with respect to cost-effective technologies and practices— 

(i) identify the specific activities needed to comply 

with sections 431 through 435; 

(ii) identify the specific activities needed to achieve 

at least a 20-percent reduction in operational costs 

through the application of cost-effective technologies 

and practices from 2003 levels at GSA facilities by 

not later than 5 years after the date of enactment 

of this Act; 

(iii) describe activities required and carried out 

to estimate the funds necessary to achieve the reduction described in clauses (i) and (ii); 

(B) include an estimate of the funds necessary to carry 

out this section; 

(C) describe the status of the implementation of costeffective technologies and practices at GSA facilities, 

including— 

(i) the extent to which programs, including the 

program established under subsection (b), are being 

carried out in accordance with this subtitle; and 

(ii) the status of funding requests and appropriations for those programs; 

(D) identify within the planning, budgeting, and 

construction processes, all types of GSA facility-related 

procedures that inhibit new and existing GSA facilities 

from implementing cost-effective technologies; 

(E) recommend language for uniform standards for 

use by Federal agencies in implementing cost-effective technologies and practices; 

(F) in coordination with the Office of Management 

and Budget, review the budget process for capital programs 

with respect to alternatives for— 

(i) implementing measures that will assure that 

Federal agencies retain all identified savings accrued 

as a result of the use of cost-effective technologies, 

consistent with section 543(a)(1) of the National Energy 

Conservation Policy Act (42 U.S.C. 8253(a)(1), and 

other applicable law; and 

(ii) identifying short- and long-term cost savings 

that accrue from the use of cost-effective technologies 

and practices; 

Deadline. 

Deadline. 

Plan. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1623 

(G) with respect to cost-effective technologies and practices, achieve substantial operational cost savings through 

the application of the technologies; and 

(H) include recommendations to address each of the 

matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G). 

(4) ADMINISTRATION.—Notwithstanding any provision of 

this section, the program required under this section shall 

fully comply with the requirements of sections 321 through 

324, 431 through 438, 461, 511 through 518, and 523 through 

525 and amendments made by those sections, which shall be 

applicable to the extent that they are more stringent or would 

achieve greater energy or water savings than required by this 

section. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section, to remain available until expended. 

SEC. 440. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out sections 434 through 439 and 482 $4,000,000 for each of fiscal years 2008 

through 2012, to remain available until expended. 

SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS. 

Section 544(a)(1) of the National Energy Conservation Policy 

Act (42 U.S.C. 8254(a)(1)) is amended by striking ‘‘25’’ and inserting 

‘‘40’’. 

Subtitle D—Industrial Energy Efficiency 

SEC. 451. INDUSTRIAL ENERGY EFFICIENCY. 

(a) IN GENERAL.—Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended by inserting after 

part D the following: 

‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 

‘‘SEC. 371. DEFINITIONS. 

‘‘In this part: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Environmental Protection Agency. 

‘‘(2) COMBINED HEAT AND POWER.—The term ‘combined heat 

and power system’ means a facility that— 

‘‘(A) simultaneously and efficiently produces useful 

thermal energy and electricity; and 

‘‘(B) recovers not less than 60 percent of the energy 

value in the fuel (on a higher-heating-value basis) in the 

form of useful thermal energy and electricity. 

‘‘(3) NET EXCESS POWER.—The term ‘net excess power’ 

means, for any facility, recoverable waste energy recovered 

in the form of electricity in quantities exceeding the total 

consumption of electricity at the specific time of generation 

on the site at which the facility is located. 

‘‘(4) PROJECT.—The term ‘project’ means a recoverable 

waste energy project or a combined heat and power system 

project. 

42 USC 6341. 

42 USC 17096. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1624 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(5) RECOVERABLE WASTE ENERGY.—The term ‘recoverable 

waste energy’ means waste energy from which electricity or 

useful thermal energy may be recovered through modification 

of an existing facility or addition of a new facility. 

‘‘(6) REGISTRY.—The term ‘Registry’ means the Registry 

of Recoverable Waste Energy Sources established under section 

372(d). 

‘‘(7) USEFUL THERMAL ENERGY.—The term ‘useful thermal 

energy’ means energy— 

‘‘(A) in the form of direct heat, steam, hot water, or 

other thermal form that is used in production and beneficial 

measures for heating, cooling, humidity control, process 

use, or other valid thermal end-use energy requirements; 

and 

‘‘(B) for which fuel or electricity would otherwise be 

consumed. 

‘‘(8) WASTE ENERGY.—The term ‘waste energy’ means— 

‘‘(A) exhaust heat or flared gas from any industrial 

process; 

‘‘(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; 

‘‘(C) a pressure drop in any gas, excluding any pressure 

drop to a condenser that subsequently vents the resulting 

heat; and 

‘‘(D) such other forms of waste energy as the Administrator may determine. 

‘‘(9) OTHER TERMS.—The terms ‘electric utility’, ‘nonregulated electric utility’, ‘State regulated electric utility’, and other 

terms have the meanings given those terms in title I of the 

Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 

et seq.). 

‘‘SEC. 372. SURVEY AND REGISTRY. 

‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PROGRAM.— 

‘‘(1) IN GENERAL.—The Administrator, in cooperation with 

the Secretary and State energy offices, shall establish a recoverable waste energy inventory program. 

‘‘(2) SURVEY.—The program shall include— 

‘‘(A) an ongoing survey of all major industrial and 

large commercial combustion sources in the United States 

(as defined by the Administrator) and the sites at which 

the sources are located; and 

‘‘(B) a review of each source for the quantity and 

quality of waste energy produced at the source. 

‘‘(b) CRITERIA.— 

‘‘(1) IN GENERAL.—Not later than 270 days after the date 

of enactment of the Energy Independence and Security Act 

of 2007, the Administrator shall publish a rule for establishing 

criteria for including sites in the Registry. 

‘‘(2) INCLUSIONS.—The criteria shall include— 

‘‘(A) a requirement that, to be included in the Registry, 

a project at the site shall be determined to be economically 

feasible by virtue of offering a payback of invested costs 

not later than 5 years after the date of first full project 

operation (including incentives offered under this part); 

‘‘(B) standards to ensure that projects proposed for 

inclusion in the Registry are not developed or used for 

Deadline. 

Publication. 

Regulations. 

42 USC 6342. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1625 

the primary purpose of making sales of excess electric 

power under the regulatory provisions of this part; and 

‘‘(C) procedures for contesting the listing of any source 

or site on the Registry by any State, utility, or other 

interested person. 

‘‘(c) TECHNICAL SUPPORT.—On the request of the owner or operator of a source or site included in the Registry, the Secretary 

shall— 

‘‘(1) provide to owners or operators of combustion sources 

technical support; and 

‘‘(2) offer partial funding (in an amount equal to not more 

than one-half of total costs) for feasibility studies to confirm 

whether or not investment in recovery of waste energy or 

combined heat and power at a source would offer a payback 

period of 5 years or less. 

‘‘(d) REGISTRY.— 

‘‘(1) ESTABLISHMENT.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of the Energy Independence and Security 

Act of 2007, the Administrator shall establish a Registry 

of Recoverable Waste Energy Sources, and sites on which 

the sources are located, that meet the criteria established 

under subsection (b). 

‘‘(B) UPDATES; AVAILABILITY.—The Administrator 

shall— 

‘‘(i) update the Registry on a regular basis; and 

‘‘(ii) make the Registry available to the public on 

the website of the Environmental Protection Agency. 

‘‘(C) CONTESTING LISTING.—Any State, electric utility, 

or other interested person may contest the listing of any 

source or site by submitting a petition to the Administrator. 

‘‘(2) CONTENTS.— 

‘‘(A) IN GENERAL.—The Administrator shall register 

and include on the Registry all sites meeting the criteria 

established under subsection (b). 

‘‘(B) QUANTITY OF RECOVERABLE WASTE ENERGY.—The 

Administrator shall— 

‘‘(i) calculate the total quantities of potentially 

recoverable waste energy from sources at the sites, 

nationally and by State; and 

‘‘(ii) make public— 

‘‘(I) the total quantities described in clause 

(i); and 

‘‘(II) information on the criteria pollutant and 

greenhouse gas emissions savings that might be 

achieved with recovery of the waste energy from 

all sources and sites listed on the Registry. 

‘‘(3) AVAILABILITY OF INFORMATION.— 

‘‘(A) IN GENERAL.—The Administrator shall notify 

owners or operators of recoverable waste energy sources 

and sites listed on the Registry prior to publishing the 

listing. 

‘‘(B) DETAILED QUANTITATIVE INFORMATION.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the owner or operator of a source at a site may 

Notification. 

Public 

information. 

Website. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1626 PUBLIC LAW 110–140—DEC. 19, 2007 

elect to have detailed quantitative information concerning the site not made public by notifying the 

Administrator of the election. 

‘‘(ii) LIMITED AVAILABILITY.—The information shall 

be made available to— 

‘‘(I) the applicable State energy office; and 

‘‘(II) any utility requested to support recovery 

of waste energy from the source pursuant to the 

incentives provided under section 374. 

‘‘(iii) STATE TOTALS.—Information concerning the 

site shall be included in the total quantity of recoverable waste energy for a State unless there are fewer 

than 3 sites in the State. 

‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), as a 

project achieves successful recovery of waste energy, the 

Administrator shall— 

‘‘(i) remove the related sites or sources from the 

Registry; and 

‘‘(ii) designate the removed projects as eligible for 

incentives under section 374. 

‘‘(B) LIMITATION.—No project shall be removed from 

the Registry without the consent of the owner or operator 

of the project if— 

‘‘(i) the owner or operator has submitted a petition 

under section 374; and 

‘‘(ii) the petition has not been acted on or denied. 

‘‘(5) INELIGIBILITY OF CERTAIN SOURCES.—The Administrator shall not list any source constructed after the date of 

the enactment of the Energy Independence and Security Act 

of 2007 on the Registry if the Administrator determines that 

the source— 

‘‘(A) was developed for the primary purpose of making 

sales of excess electric power under the regulatory provisions of this part; or 

‘‘(B) does not capture at least 60 percent of the total 

energy value of the fuels used (on a higher-heating-value 

basis) in the form of useful thermal energy, electricity, 

mechanical energy, chemical output, or any combination 

thereof. 

‘‘(e) SELF-CERTIFICATION.— 

‘‘(1) IN GENERAL.—Subject to any procedures that are established by the Administrator, an owner, operator, or third-party 

developer of a recoverable waste energy project that qualifies 

under standards established by the Administrator may selfcertify the sites or sources of the owner, operator, or developer 

to the Administrator for inclusion in the Registry. 

‘‘(2) REVIEW AND APPROVAL.—To prevent a fraudulent 

listing, a site or source shall be included on the Registry only 

if the Administrator reviews and approves the self-certification. 

‘‘(f) NEW FACILITIES.—As a new energy-consuming industrial 

facility is developed after the date of enactment of the Energy 

Independence and Security Act of 2007, to the extent the facility 

may constitute a site with recoverable waste energy that may 

qualify for inclusion on the Registry, the Administrator may elect 

to include the facility on the Registry, at the request of the owner, 

operator, or developer of the facility, on a conditional basis with 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1627 

the site to be removed from the Registry if the development ceases 

or the site fails to qualify for listing under this part. 

‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site listed in 

the Registry, at the request of the owner or operator of the site, 

the Administrator shall offer, in cooperation with Clean Energy 

Application Centers operated by the Secretary of Energy, suggestions for optimum means of recovery of value from waste energy 

stream in the form of electricity, useful thermal energy, or other 

energy-related products. 

‘‘(h) REVISION.—Each annual report of a State under section 

548(a) of the National Energy Conservation Policy Act (42 U.S.C. 

8258(a)) shall include the results of the survey for the State under 

this section. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to— 

‘‘(1) the Administrator to create and maintain the Registry 

and services authorized by this section, $1,000,000 for each 

of fiscal years 2008 through 2012; and 

‘‘(2) the Secretary— 

‘‘(A) to assist site or source owners and operators in 

determining the feasibility of projects authorized by this 

section, $2,000,000 for each of fiscal years 2008 through 

2012; and 

‘‘(B) to provide funding for State energy office functions 

under this section, $5,000,000. 

‘‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish in the 

Department of Energy a waste energy recovery incentive grant 

program to provide incentive grants to— 

‘‘(1) owners and operators of projects that successfully 

produce electricity or incremental useful thermal energy from 

waste energy recovery; 

‘‘(2) utilities purchasing or distributing the electricity; and 

‘‘(3) States that have achieved 80 percent or more of 

recoverable waste heat recovery opportunities. 

‘‘(b) GRANTS TO PROJECTS AND UTILITIES.— 

‘‘(1) IN GENERAL.—The Secretary shall make grants under 

this section— 

‘‘(A) to the owners or operators of waste energy 

recovery projects; and 

‘‘(B) in the case of excess power purchased or transmitted by a electric utility, to the utility. 

‘‘(2) PROOF.—Grants may only be made under this section 

on receipt of proof of waste energy recovery or excess electricity 

generation, or both, from the project in a form prescribed by 

the Secretary. 

‘‘(3) EXCESS ELECTRIC ENERGY.— 

‘‘(A) IN GENERAL.—In the case of waste energy recovery, 

a grant under this section shall be made at the rate of 

$10 per megawatt hour of documented electricity produced 

from recoverable waste energy (or by prevention of waste 

energy in the case of a new facility) by the project during 

the first 3 calendar years of production, beginning on or 

after the date of enactment of the Energy Independence 

and Security Act of 2007. 

42 USC 6343. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1628 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(B) UTILITIES.—If the project produces net excess 

power and an electric utility purchases or transmits the 

excess power, 50 percent of so much of the grant as is 

attributable to the net excess power shall be paid to the 

electric utility purchasing or transporting the net excess 

power. 

‘‘(4) USEFUL THERMAL ENERGY.—In the case of waste energy 

recovery that produces useful thermal energy that is used for 

a purpose different from that for which the project is principally 

designed, a grant under this section shall be made to the 

owner or operator of the waste energy recovery project at the 

rate of $10 for each 3,412,000 Btus of the excess thermal 

energy used for the different purpose. 

‘‘(c) GRANTS TO STATES.—In the case of any State that has 

achieved 80 percent or more of waste heat recovery opportunities 

identified by the Secretary under this part, the Administrator shall 

make a 1-time grant to the State in an amount of not more than 

$1,000 per megawatt of waste-heat capacity recovered (or a thermal 

equivalent) to support State-level programs to identify and achieve 

additional energy efficiency. 

‘‘(d) ELIGIBILITY.—The Secretary shall— 

‘‘(1) establish rules and guidelines to establish eligibility 

for grants under subsection (b); 

‘‘(2) publicize the availability of the grant program known 

to owners or operators of recoverable waste energy sources 

and sites listed on the Registry; and 

‘‘(3) award grants under the program on the basis of the 

merits of each project in recovering or preventing waste energy 

throughout the United States on an impartial, objective, and 

not unduly discriminatory basis. 

‘‘(e) LIMITATION.—The Secretary shall not award grants to any 

person for a combined heat and power project or a waste heat 

recovery project that qualifies for specific Federal tax incentives 

for combined heat and power or for waste heat recovery. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary— 

‘‘(1) to make grants to projects and utilities under subsection (b)— 

‘‘(A) $100,000,000 for fiscal year 2008 and $200,000,000 

for each of fiscal years 2009 through 2012; and 

‘‘(B) such additional amounts for fiscal year 2008 and 

each fiscal year thereafter as may be necessary for administration of the waste energy recovery incentive grant program; and 

‘‘(2) to make grants to States under subsection (b), 

$10,000,000 for each of fiscal years 2008 through 2012, to 

remain available until expended. 

‘‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND 

PREVENTION OF INDUSTRIAL WASTE ENERGY. 

‘‘(a) CONSIDERATION OF STANDARD.— ‘‘(1) IN GENERAL.—Not later than 180 days after the receipt 

by a State regulatory authority (with respect to each electric 

utility for which the authority has ratemaking authority), or 

nonregulated electric utility, of a request from a project sponsor 

or owner or operator, the State regulatory authority or nonregulated electric utility shall— 

Deadline. 

Notification. 

42 USC 6344. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1629 

‘‘(A) provide public notice and conduct a hearing 

respecting the standard established by subsection (b); and 

‘‘(B) on the basis of the hearing, consider and make 

a determination whether or not it is appropriate to implement the standard to carry out the purposes of this part. 

‘‘(2) RELATIONSHIP TO STATE LAW.—For purposes of any 

determination under paragraph (1) and any review of the determination in any court, the purposes of this section supplement 

otherwise applicable State law. 

‘‘(3) NONADOPTION OF STANDARD.—Nothing in this part prohibits any State regulatory authority or nonregulated electric 

utility from making any determination that it is not appropriate 

to adopt any standard described in paragraph (1), pursuant 

to authority under otherwise applicable State law. 

‘‘(b) STANDARD FOR SALES OF EXCESS POWER.—For purposes 

of this section, the standard referred to in subsection (a) shall 

provide that an owner or operator of a waste energy recovery 

project identified on the Registry that generates net excess power 

shall be eligible to benefit from at least 1 of the options described 

in subsection (c) for disposal of the net excess power in accordance 

with the rate conditions and limitations described in subsection 

(d). 

‘‘(c) OPTIONS.—The options referred to in subsection (b) are 

as follows: 

‘‘(1) SALE OF NET EXCESS POWER TO UTILITY.—The electric 

utility shall purchase the net excess power from the owner 

or operator of the eligible waste energy recovery project during 

the operation of the project under a contract entered into for 

that purpose. 

‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD

PARTY.—The electric utility shall transmit the net excess power 

on behalf of the project owner or operator to up to 3 separate 

locations on the system of the utility for direct sale by the 

owner or operator to third parties at those locations. 

‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES.—The 

State and the electric utility shall permit, and shall waive 

or modify such laws as would otherwise prohibit, the construction and operation of private electric wires constructed, owned, 

and operated by the project owner or operator, to transport 

the power to up to 3 purchasers within a 3-mile radius of 

the project, allowing the wires to use or cross public rightsof-way, without subjecting the project to regulation as a public 

utility, and according the wires the same treatment for safety, 

zoning, land use, and other legal privileges as apply or would 

apply to the wires of the utility, except that— 

‘‘(A) there shall be no grant of any power of eminent 

domain to take or cross private property for the wires; 

and 

‘‘(B) the wires shall be physically segregated and not 

interconnected with any portion of the system of the utility, 

except on the customer side of the revenue meter of the 

utility and in a manner that precludes any possible export 

of the electricity onto the utility system, or disruption 

of the system. 

‘‘(4) AGREED ON ALTERNATIVES.—The utility and the owner 

or operator of the project may reach agreement on any alternate 

arrangement and payments or rates associated with the 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1630 PUBLIC LAW 110–140—DEC. 19, 2007 

arrangement that is mutually satisfactory and in accord with 

State law. 

‘‘(d) RATE CONDITIONS AND CRITERIA.— 

‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) PER UNIT DISTRIBUTION COSTS.—The term ‘per unit 

distribution costs’ means (in kilowatt hours) the quotient 

obtained by dividing— 

‘‘(i) the depreciated book-value distribution system 

costs of a utility; by 

‘‘(ii) the volume of utility electricity sales or transmission during the previous year at the distribution 

level. 

‘‘(B) PER UNIT DISTRIBUTION MARGIN.—The term ‘per 

unit distribution margin’ means— 

‘‘(i) in the case of a State-regulated electric utility, 

a per-unit gross pretax profit equal to the product 

obtained by multiplying— 

‘‘(I) the State-approved percentage rate of 

return for the utility for distribution system assets; 

by 

‘‘(II) the per unit distribution costs; and 

‘‘(ii) in the case of a nonregulated utility, a per 

unit contribution to net revenues determined multiplying— 

‘‘(I) the percentage (but not less than 10 percent) obtained by dividing— 

‘‘(aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the 

prior year; by 

‘‘(bb) the gross revenues of the utility 

during the prior year to obtain a percentage; 

by 

‘‘(II) the per unit distribution costs. 

‘‘(C) PER UNIT TRANSMISSION COSTS.—The term ‘per 

unit transmission costs’ means the total cost of those transmission services purchased or provided by a utility on 

a per-kilowatt-hour basis as included in the retail rate 

of the utility. 

‘‘(2) OPTIONS.—The options described in paragraphs (1) and 

(2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined 

under paragraph (1) as applicable under the circumstances 

described in paragraph (3). 

‘‘(3) APPLICABLE RATES.— 

‘‘(A) RATES APPLICABLE TO SALE OF NET EXCESS

POWER.— 

‘‘(i) IN GENERAL.—Sales made by a project owner 

or operator of a facility under the option described 

in subsection (c)(1) shall be paid for on a per kilowatt 

hour basis that shall equal the full undiscounted retail 

rate paid to the utility for power purchased by the 

facility minus per unit distribution costs, that applies 

to the type of utility purchasing the power. 

‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 

net excess power is made available for purchase at 

voltages that must be transformed to or from voltages 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1631 

exceeding 25 kilovolts to be available for resale by 

the utility, the purchase price shall further be reduced 

by per unit transmission costs. 

‘‘(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR

DIRECT SALE TO THIRD PARTIES.— 

‘‘(i) IN GENERAL.—Transportation by utilities of 

power on behalf of the owner or operator of a project 

under the option described in subsection (c)(2) shall 

incur a transportation rate that shall equal the per 

unit distribution costs and per unit distribution 

margin, that applies to the type of utility transporting 

the power. 

‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 

net excess power is made available for transportation 

at voltages that must be transformed to or from 

voltages exceeding 25 kilovolts to be transported to 

the designated third-party purchasers, the transport 

rate shall further be increased by per unit transmission 

costs. 

‘‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS

FOR ELECTRICITY.—In a State with a competitive retail 

market for electricity, the applicable transportation 

rate for similar transportation shall be applied in lieu 

of any rate calculated under this paragraph. 

‘‘(4) LIMITATIONS.— 

‘‘(A) IN GENERAL.—Any rate established for sale or 

transportation under this section shall— 

‘‘(i) be modified over time with changes in the 

underlying costs or rates of the electric utility; and 

‘‘(ii) reflect the same time-sensitivity and billing 

periods as are established in the retail sales or 

transportation rates offered by the utility. 

‘‘(B) LIMITATION.—No utility shall be required to purchase or transport a quantity of net excess power under 

this section that exceeds the available capacity of the wires, 

meter, or other equipment of the electric utility serving 

the site unless the owner or operator of the project agrees 

to pay necessary and reasonable upgrade costs. 

‘‘(e) PROCEDURAL REQUIREMENTS FOR CONSIDERATION AND

DETERMINATION.— 

‘‘(1) PUBLIC NOTICE AND HEARING.— 

‘‘(A) IN GENERAL.—The consideration referred to in subsection (a) shall be made after public notice and hearing. 

‘‘(B) ADMINISTRATION.—The determination referred to 

in subsection (a) shall be— 

‘‘(i) in writing; 

‘‘(ii) based on findings included in the determination and on the evidence presented at the hearing; 

and 

‘‘(iii) available to the public. 

‘‘(2) INTERVENTION BY ADMINISTRATOR.—The Administrator 

may intervene as a matter of right in a proceeding conducted 

under this section— 

‘‘(A) to calculate— 

‘‘(i) the energy and emissions likely to be saved 

by electing to adopt 1 or more of the options; and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1632 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) the costs and benefits to ratepayers and the 

utility; and 

‘‘(B) to advocate for the waste-energy recovery opportunity. 

‘‘(3) PROCEDURES.— ‘‘(A) IN GENERAL.—Except as otherwise provided in 

paragraphs (1) and (2), the procedures for the consideration 

and determination referred to in subsection (a) shall be 

the procedures established by the State regulatory 

authority or the nonregulated electric utility. 

‘‘(B) MULTIPLE PROJECTS.—If there is more than 1 

project seeking consideration simultaneously in connection 

with the same utility, the proceeding may encompass all 

such projects, if full attention is paid to individual circumstances and merits and an individual judgment is 

reached with respect to each project. 

‘‘(f) IMPLEMENTATION.— 

‘‘(1) IN GENERAL.—The State regulatory authority (with 

respect to each electric utility for which the authority has 

ratemaking authority) or nonregulated electric utility may, to 

the extent consistent with otherwise applicable State law— 

‘‘(A) implement the standard determined under this 

section; or 

‘‘(B) decline to implement any such standard. 

‘‘(2) NONIMPLEMENTATION OF STANDARD.— 

‘‘(A) IN GENERAL.—If a State regulatory authority (with 

respect to each electric utility for which the authority has 

ratemaking authority) or nonregulated electric utility 

declines to implement any standard established by this 

section, the authority or nonregulated electric utility shall 

state in writing the reasons for declining to implement 

the standard. 

‘‘(B) AVAILABILITY TO PUBLIC.—The statement of reasons shall be available to the public. 

‘‘(C) ANNUAL REPORT.—The Administrator shall include 

in an annual report submitted to Congress a description 

of the lost opportunities for waste-heat recovery from the 

project described in subparagraph (A), specifically identifying the utility and stating the quantity of lost energy 

and emissions savings calculated. 

‘‘(D) NEW PETITION.—If a State regulatory authority 

(with respect to each electric utility for which the authority 

has ratemaking authority) or nonregulated electric utility 

declines to implement the standard established by this 

section, the project sponsor may submit a new petition 

under this section with respect to the project at any time 

after the date that is 2 years after the date on which 

the State regulatory authority or nonregulated utility 

declined to implement the standard. 

‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS. 

‘‘(a) RENAMING.— 

‘‘(1) IN GENERAL.—The Combined Heat and Power Application Centers of the Department of Energy are redesignated 

as Clean Energy Application Centers. 

‘‘(2) REFERENCES.—Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application 

42 USC 6345. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1633 

Center shall be treated as a reference to a Clean Energy 

Application Center. 

‘‘(b) RELOCATION.— 

‘‘(1) IN GENERAL.—In order to better coordinate efforts with 

the separate Industrial Assessment Centers and to ensure that 

the energy efficiency and, when applicable, the renewable 

nature of deploying mature clean energy technology is fully 

accounted for, the Secretary shall relocate the administration 

of the Clean Energy Application Centers to the Office of Energy 

Efficiency and Renewable Energy within the Department of 

Energy. 

‘‘(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY.—The Office of Electricity Delivery and Energy Reliability shall— 

‘‘(A) continue to perform work on the role of technology 

described in paragraph (1) in support of the grid and the 

reliability and security of the technology; and 

‘‘(B) shall assist the Clean Energy Application Centers 

in the work of the Centers with regard to the grid and 

with electric utilities. 

‘‘(c) GRANTS.— 

‘‘(1) IN GENERAL.—The Secretary shall make grants to 

universities, research centers, and other appropriate institutions to ensure the continued operations and effectiveness of 

8 Regional Clean Energy Application Centers in each of the 

following regions (as designated for such purposes as of the 

date of the enactment of the Energy Independence and Security 

Act of 2007): 

‘‘(A) Gulf Coast. 

‘‘(B) Intermountain. 

‘‘(C) Mid-Atlantic. 

‘‘(D) Midwest. 

‘‘(E) Northeast. 

‘‘(F) Northwest. 

‘‘(G) Pacific. 

‘‘(H) Southeast. 

‘‘(2) ESTABLISHMENT OF GOALS AND COMPLIANCE.—In 

making grants under this subsection, the Secretary shall ensure 

that sufficient goals are established and met by each Center 

throughout the program duration concerning outreach and technology deployment. 

‘‘(d) ACTIVITIES.— 

‘‘(1) IN GENERAL.—Each Clean Energy Application Center 

shall— 

‘‘(A) operate a program to encourage deployment of 

clean energy technologies through education and outreach 

to building and industrial professionals; and other individuals and organizations with an interest in efficient energy 

use; and 

‘‘(B) provide project specific support to building and 

industrial professionals through assessments and advisory 

activities. 

‘‘(2) TYPES OF ACTIVITIES.—Funds made available under 

this section may be used— 

‘‘(A) to develop and distribute informational materials 

on clean energy technologies, including continuation of the 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1634 PUBLIC LAW 110–140—DEC. 19, 2007 

8 websites in existence on the date of enactment of the 

Energy Independence and Security Act of 2007; 

‘‘(B) to develop and conduct target market workshops, 

seminars, Internet programs, and other activities to educate end users, regulators, and stakeholders in a manner 

that leads to the deployment of clean energy technologies; 

‘‘(C) to provide or coordinate onsite assessments for 

sites and enterprises that may consider deployment of clean 

energy technology; 

‘‘(D) to perform market research to identify high profile 

candidates for clean energy deployment; 

‘‘(E) to provide consulting support to sites considering 

deployment of clean energy technologies; 

‘‘(F) to assist organizations developing clean energy 

technologies to overcome barriers to deployment; and 

‘‘(G) to assist companies and organizations with 

performance evaluations of any clean energy technology 

implemented. 

‘‘(e) DURATION.— 

‘‘(1) IN GENERAL.—A grant awarded under this section shall 

be for a period of 5 years 

‘‘(2) ANNUAL EVALUATIONS.—Each grant shall be evaluated 

annually for the continuation of the grant based on the activities and results of the grant. 

‘‘(f) AUTHORIZATION.—There is authorized to be appropriated 

to carry out this section $10,000,000 for each of fiscal years 2008 

through 2012.’’. 

(b) TABLE OF CONTENTS.—The table of contents of the Energy 

Policy and Conservation Act (42 U.S.C. prec. 6201) is amended 

by inserting after the items relating to part D of title III the 

following: 

‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY

‘‘Sec. 371. Definitions. 

‘‘Sec. 372. Survey and Registry. 

‘‘Sec. 373. Waste energy recovery incentive grant program. 

‘‘Sec. 374. Additional incentives for recovery, utilization and prevention of industrial waste energy. ‘‘Sec. 375. Clean Energy Application Centers.’’. 

SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) an energy-intensive industry; 

(B) a national trade association representing an 

energy-intensive industry; or 

(C) a person acting on behalf of 1 or more energyintensive industries or sectors, as determined by the Secretary. 

(2) ENERGY-INTENSIVE INDUSTRY.—The term ‘‘energy-intensive industry’’ means an industry that uses significant quantities of energy as part of its primary economic activities, 

including— 

(A) information technology, including data centers containing electrical equipment used in processing, storing, 

and transmitting digital information; 

(B) consumer product manufacturing; 

(C) food processing; 

(D) materials manufacturers, including— 

42 USC 17111. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1635 

(i) aluminum; 

(ii) chemicals; 

(iii) forest and paper products; 

(iv) metal casting; 

(v) glass; 

(vi) petroleum refining; 

(vii) mining; and 

(viii) steel; 

(E) other energy-intensive industries, as determined 

by the Secretary. 

(3) FEEDSTOCK.—The term ‘‘feedstock’’ means the raw material supplied for use in manufacturing, chemical, and biological 

processes. 

(4) PARTNERSHIP.—The term ‘‘partnership’’ means an 

energy efficiency partnership established under subsection 

(c)(1)(A). 

(5) PROGRAM.—The term ‘‘program’’ means the energyintensive industries program established under subsection (b). 

(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a program under which the Secretary, in cooperation with 

energy-intensive industries and national industry trade associations 

representing the energy-intensive industries, shall support, 

research, develop, and promote the use of new materials processes, 

technologies, and techniques to optimize energy efficiency and the 

economic competitiveness of the United States’ industrial and 

commercial sectors. 

(c) PARTNERSHIPS.— 

(1) IN GENERAL.—As part of the program, the Secretary 

shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, 

and demonstrate new processes, technologies, and operating 

practices and techniques to significantly improve the energy 

efficiency of equipment and processes used by energy-intensive 

industries, including the conduct of activities to— 

(A) increase the energy efficiency of industrial processes and facilities; 

(B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and 

increased environmental performance; and 

(C) promote the use of the processes, technologies, 

and techniques described in subparagraphs (A) and (B). 

(2) ELIGIBLE ACTIVITIES.—Partnership activities eligible for 

funding under this subsection include— 

(A) feedstock and recycling research, development, and 

demonstration activities to identify and promote— 

(i) opportunities for meeting industry feedstock 

requirements with more energy efficient and flexible 

sources of feedstock or energy supply; 

(ii) strategies to develop and deploy technologies 

that improve the quality and quantity of feedstocks 

recovered from process and waste streams; and 

(iii) other methods using recycling, reuse, and 

improved industrial materials; 

(B) research to develop and demonstrate technologies 

and processes that utilize alternative energy sources to 

supply heat, power, and new feedstocks for energy-intensive 

industries; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1636 PUBLIC LAW 110–140—DEC. 19, 2007 

(C) research to achieve energy efficiency in steam, 

power, control system, and process heat technologies, and 

in other manufacturing processes; and 

(D) industrial and commercial energy efficiency and 

sustainability assessments to— 

(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies 

to assess— 

(I) the unique processes and facilities of the 

sectors; 

(II) the energy utilization requirements of the 

sectors; and 

(III) the application of new, more energy efficient technologies; and 

(ii) conduct energy savings assessments; 

(E) the incorporation of technologies and innovations 

that would significantly improve the energy efficiency and 

utilization of energy-intensive commercial applications; and 

(F) any other activities that the Secretary determines 

to be appropriate. 

(3) PROPOSALS.— 

(A) IN GENERAL.—To be eligible for funding under this 

subsection, a partnership shall submit to the Secretary 

a proposal that describes the proposed research, development, or demonstration activity to be conducted by the 

partnership. 

(B) REVIEW.—After reviewing the scientific, technical, 

and commercial merit of a proposals submitted under 

subparagraph (A), the Secretary shall approve or disapprove the proposal. 

(C) COMPETITIVE AWARDS.—The provision of funding 

under this subsection shall be on a competitive basis. 

(4) COST-SHARING REQUIREMENT.—In carrying out this section, the Secretary shall require cost sharing in accordance 

with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 

16352). 

(d) GRANTS.—The Secretary may award competitive grants for 

innovative technology research, development and demonstrations 

to universities, individual inventors, and small companies, based 

on energy savings potential, commercial viability, and technical 

merit. 

(e) INSTITUTION OF HIGHER EDUCATION-BASED INDUSTRIAL

RESEARCH AND ASSESSMENT CENTERS.—The Secretary shall provide 

funding to institution of higher education-based industrial research 

and assessment centers, whose purpose shall be— 

(1) to identify opportunities for optimizing energy efficiency 

and environmental performance; 

(2) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers; 

(3) to promote research and development for the use of 

alternative energy sources to supply heat, power, and new 

feedstocks for energy-intensive industries; 

(4) to coordinate with appropriate Federal and State 

research offices, and provide a clearinghouse for industrial 

process and energy efficiency technical assistance resources; 

and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1637 

(5) to coordinate with State-accredited technical training 

centers and community colleges, while ensuring appropriate 

services to all regions of the United States. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

to the Secretary to carry out this section— 

(A) $184,000,000 for fiscal year 2008; 

(B) $190,000,000 for fiscal year 2009; 

(C) $196,000,000 for fiscal year 2010; 

(D) $202,000,000 for fiscal year 2011; 

(E) $208,000,000 for fiscal year 2012; and 

(F) such sums as are necessary for fiscal year 2013 

and each fiscal year thereafter. 

(2) PARTNERSHIP ACTIVITIES.—Of the amounts made available under paragraph (1), not less than 50 percent shall be 

used to pay the Federal share of partnership activities under 

subsection (c). 

(3) COORDINATION AND NONDUPLICATION.—The Secretary 

shall coordinate efforts under this section with other programs 

of the Department and other Federal agencies to avoid duplication of effort. 

SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS. 

(a) DEFINITIONS.—In this section: 

(1) DATA CENTER.—The term ‘‘data center’’ means any 

facility that primarily contains electronic equipment used to 

process, store, and transmit digital information, which may 

be— 

(A) a free-standing structure; or 

(B) a facility within a larger structure, that uses 

environmental control equipment to maintain the proper 

conditions for the operation of electronic equipment. 

(2) DATA CENTER OPERATOR.—The term ‘‘data center operator’’ means any person or government entity that builds or 

operates a data center or purchases data center services, equipment, and facilities. 

(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Secretary and the Administrator 

of the Environmental Protection Agency shall, after consulting 

with information technology industry and other interested parties, initiate a voluntary national information program for those 

types of data centers and data center equipment and facilities 

that are widely used and for which there is a potential for 

significant data center energy savings as a result of the program. 

(2) REQUIREMENTS.—The program described in paragraph 

(1) shall— 

(A) address data center efficiency holistically, reflecting 

the total energy consumption of data centers as whole 

systems, including both equipment and facilities; 

(B) consider prior work and studies undertaken in 

this area, including by the Environmental Protection 

Agency and the Department of Energy; 

(C) consistent with the objectives described in paragraph (1), determine the type of data center and data 

Deadline. 

42 USC 17112. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1638 PUBLIC LAW 110–140—DEC. 19, 2007 

center equipment and facilities to be covered under the 

program; 

(D) produce specifications, measurements, best practices, and benchmarks that will enable data center operators to make more informed decisions about the energy 

efficiency and costs of data centers, and that take into 

account— 

(i) the performance and use of servers, data storage 

devices, and other information technology equipment; 

(ii) the efficiency of heating, ventilation, and air 

conditioning, cooling, and power conditioning systems, 

provided that no modification shall be required of a 

standard then in effect under the Energy Policy and 

Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or 

power-conditioning product; 

(iii) energy savings from the adoption of software 

and data management techniques; and 

(iv) other factors determined by the organization 

described in subsection (c); 

(E) allow for creation of separate specifications, 

measurements, and benchmarks based on data center size 

and function, as well as other appropriate characteristics; 

(F) advance the design and implementation of efficiency 

technologies to the maximum extent economically practical; 

(G) provide to data center operators in the private 

sector and the Federal Government information about best 

practices and purchasing decisions that reduce the energy 

consumption of data centers; and 

(H) publish the information described in subparagraph 

(G), which may be disseminated through catalogs, trade 

publications, the Internet, or other mechanisms, that will 

allow data center operators to assess the energy consumption and potential cost savings of alternative data centers 

and data center equipment and facilities. 

(3) PROCEDURES.—The program described in paragraph (1) 

shall be developed in consultation with and coordinated by 

the organization described in subsection (c) according to commonly accepted procedures for the development of specifications, 

measurements, and benchmarks. 

(c) DATA CENTER EFFICIENCY ORGANIZATION.— 

(1) IN GENERAL.—After the establishment of the program 

described in subsection (b), the Secretary and the Administrator 

shall jointly designate an information technology industry 

organization to consult with and to coordinate the program. 

(2) REQUIREMENTS.—The organization designated under 

paragraph (1), whether preexisting or formed specifically for 

the purposes of subsection (b), shall— 

(A) consist of interested parties that have expertise 

in energy efficiency and in the development, operation, 

and functionality of computer data centers, information 

technology equipment, and software, as well as representatives of hardware manufacturers, data center operators, 

and facility managers; 

(B) obtain and address input from Department of 

Energy National Laboratories or any college, university, 

research institution, industry association, company, or 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1639 

public interest group with applicable expertise in any of 

the areas listed in paragraph (1); 

(C) follow commonly accepted procedures for the 

development of specifications and accredited standards 

development processes; 

(D) have a mission to develop and promote energy 

efficiency for data centers and information technology; and 

(E) have the primary responsibility to consult in the 

development and publishing of the information, measurements, and benchmarks described in subsection (b) and 

transmission of the information to the Secretary and the 

Administrator for consideration under subsection (d). 

(d) MEASUREMENTS AND SPECIFICATIONS.— 

(1) IN GENERAL.—The Secretary and the Administrator 

shall consider the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy 

Management Program, the Energy Star Program, and other 

efficiency programs of the Department of Energy and Environmental Protection Agency, respectively. 

(2) REJECTIONS.—If the Secretary or the Administrator 

rejects 1 or more specifications, measurements, or benchmarks 

described in subsection (b), the rejection shall be made consistent with section 12(d) of the National Technology Transfer 

and Advancement Act of 1995 (15 U.S.C. 272 note; Public 

Law 104–113). 

(3) DETERMINATION OF IMPRACTICABILITY.—A determination 

that a specification, measurement, or benchmark described in 

subsection (b) is impractical may include consideration of the 

maximum efficiency that is technologically feasible and 

economically justified. 

(e) MONITORING.—The Secretary and the Administrator shall— 

(1) monitor and evaluate the efforts to develop the program 

described in subsection (b); and 

(2) not later than 3 years after the date of enactment 

of this Act, make a determination as to whether the program 

is consistent with the objectives of subsection (b). 

(f) ALTERNATIVE SYSTEM.—If the Secretary and the Administrator make a determination under subsection (e) that a voluntary 

national information program for data centers consistent with the 

objectives of subsection (b) has not been developed, the Secretary 

and the Administrator shall, after consultation with the National 

Institute of Standards and Technology and not later than 2 years 

after the determination, develop and implement the program under 

subsection (b). 

(g) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary, 

the Administrator, or the data center efficiency organization shall 

not disclose any proprietary information or trade secrets provided 

by any individual or company for the purposes of carrying out 

this section or the program established under this section. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1640 PUBLIC LAW 110–140—DEC. 19, 2007 

Subtitle E—Healthy High-Performance 

Schools 

SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS. 

(a) AMENDMENT.—The Toxic Substances Control Act (15 U.S.C. 

2601 et seq.) is amended by adding at the end the following new 

title: 

‘‘TITLE V—HEALTHY HIGHPERFORMANCE SCHOOLS 

‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 

‘‘(a) IN GENERAL.—The Administrator, in consultation with the 

Secretary of Education, may provide grants to States for use in— 

‘‘(1) providing technical assistance for programs of the 

Environmental Protection Agency (including the Tools for 

Schools Program and the Healthy School Environmental 

Assessment Tool) to schools for use in addressing environmental 

issues; and 

‘‘(2) development and implementation of State school 

environmental health programs that include— 

‘‘(A) standards for school building design, construction, 

and renovation; and 

‘‘(B) identification of ongoing school building environmental problems, including contaminants, hazardous substances, and pollutant emissions, in the State and recommended solutions to address those problems, including 

assessment of information on the exposure of children to 

environmental hazards in school facilities. 

‘‘(b) SUNSET.—The authority of the Administrator to carry out 

this section shall expire 5 years after the date of enactment of 

this section. 

‘‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES. 

‘‘Not later than 18 months after the date of enactment of 

this section, the Administrator, in consultation with the Secretary 

of Education and the Secretary of Health and Human Services, 

shall issue voluntary school site selection guidelines that account 

for— 

‘‘(1) the special vulnerability of children to hazardous substances or pollution exposures in any case in which the potential 

for contamination at a potential school site exists; 

‘‘(2) modes of transportation available to students and staff; 

‘‘(3) the efficient use of energy; and 

‘‘(4) the potential use of a school at the site as an emergency 

shelter. 

‘‘SEC. 503. PUBLIC OUTREACH. 

‘‘(a) REPORTS.—The Administrator shall publish and submit 

to Congress an annual report on all activities carried out under 

this title, until the expiration of authority described in section 

501(b). 

‘‘(b) PUBLIC OUTREACH.—The Federal Director appointed under 

section 436(a) of the Energy Independence and Security Act of 

2007 (in this title referred to as the ‘Federal Director’) shall ensure, 

Publication. 

15 USC 2695b. 

Deadline. 

15 USC 2695a. 

15 USC 2695. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1641 

to the maximum extent practicable, that the public clearinghouse 

established under section 423(1) of the Energy Independence and 

Security Act of 2007 receives and makes available information 

on the exposure of children to environmental hazards in school 

facilities, as provided by the Administrator. 

‘‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM. 

‘‘(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of this section, the Administrator, in consultation with 

the Secretary of Education, the Secretary of Health and Human 

Services, and other relevant agencies, shall issue voluntary guidelines for use by the State in developing and implementing an 

environmental health program for schools that— 

‘‘(1) takes into account the status and findings of Federal 

initiatives established under this title or subtitle C of title 

IV of the Energy Independence and Security Act of 2007 and 

other relevant Federal law with respect to school facilities, 

including relevant updates on trends in the field, such as the 

impact of school facility environments on student and staff— 

‘‘(A) health, safety, and productivity; and 

‘‘(B) disabilities or special needs; 

‘‘(2) takes into account studies using relevant tools identified or developed in accordance with section 492 of the Energy 

Independence and Security Act of 2007; 

‘‘(3) takes into account, with respect to school facilities, 

each of— 

‘‘(A) environmental problems, contaminants, hazardous 

substances, and pollutant emissions, including— 

‘‘(i) lead from drinking water; 

‘‘(ii) lead from materials and products; 

‘‘(iii) asbestos; 

‘‘(iv) radon; 

‘‘(v) the presence of elemental mercury releases 

from products and containers; 

‘‘(vi) pollutant emissions from materials and products; and 

‘‘(vii) any other environmental problem, contaminant, hazardous substance, or pollutant emission that 

present or may present a risk to the health of occupants 

of the school facilities or environment; 

‘‘(B) natural day lighting; 

‘‘(C) ventilation choices and technologies; 

‘‘(D) heating and cooling choices and technologies; 

‘‘(E) moisture control and mold; 

‘‘(F) maintenance, cleaning, and pest control activities; 

‘‘(G) acoustics; and 

‘‘(H) other issues relating to the health, comfort, 

productivity, and performance of occupants of the school 

facilities; 

‘‘(4) provides technical assistance on siting, design, management, and operation of school facilities, including facilities used 

by students with disabilities or special needs; 

‘‘(5) collaborates with federally funded pediatric environmental health centers to assist in on-site school environmental 

investigations; 

‘‘(6) assists States and the public in better understanding 

and improving the environmental health of children; and 

Deadline. 

15 USC 2695c. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1642 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(7) takes into account the special vulnerability of children 

in low-income and minority communities to exposures from 

contaminants, hazardous substances, and pollutant emissions. 

‘‘(b) PUBLIC OUTREACH.—The Federal Director and Commercial 

Director shall ensure, to the maximum extent practicable, that 

the public clearinghouse established under section 423 of the Energy 

Independence and Security Act of 2007 receives and makes available— 

‘‘(1) information from the Administrator that is contained 

in the report described in section 503(a); and 

‘‘(2) information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator. 

‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

title $1,000,000 for fiscal year 2009, and $1,500,000 for each of 

fiscal years 2010 through 2013, to remain available until 

expended.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 

for the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 

amended by adding at the end the following: 

‘‘TITLE V—HEALTHY HIGH-PERFORMANCE SCHOOLS 

‘‘Sec. 501. Grants for healthy school environments. 

‘‘Sec. 502. Model guidelines for siting of school facilities. 

‘‘Sec. 503. Public outreach. 

‘‘Sec. 504. Environmental health program. 

‘‘Sec. 505. Authorization of appropriations.’’. 

SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS. 

(a) IN GENERAL.—The Administrator of the Environmental 

Protection Agency shall enter into an arrangement with the Secretary of Education and the Secretary of Energy to conduct a 

detailed study of how sustainable building features such as energy 

efficiency affect multiple perceived indoor environmental quality 

stressors on students in K–12 schools. 

(b) CONTENTS.—The study shall— 

(1) investigate the combined effect building stressors such 

as heating, cooling, humidity, lighting, and acoustics have on 

building occupants’ health, productivity, and overall well-being; 

(2) identify how sustainable building features, such as 

energy efficiency, are influencing these human outcomes singly 

and in concert; and 

(3) ensure that the impacts of the indoor environmental 

quality are evaluated as a whole. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for carrying out this section $200,000 for each 

of the fiscal years 2008 through 2012. 

Subtitle F—Institutional Entities 

SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 

LOANS FOR INSTITUTIONS. 

Part G of title III of the Energy Policy and Conservation Act 

is amended by inserting after section 399 (42 U.S.C. 6371h) the 

following: 

Contracts. 

15 USC 2695d. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1643 

‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 

LOANS FOR INSTITUTIONS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COMBINED HEAT AND POWER.—The term ‘combined heat 

and power’ means the generation of electric energy and heat 

in a single, integrated system, with an overall thermal efficiency 

of 60 percent or greater on a higher-heating-value basis. 

‘‘(2) DISTRICT ENERGY SYSTEMS.—The term ‘district energy 

systems’ means systems providing thermal energy from a 

renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities 

through pipes or other means to provide space heating, space 

conditioning, hot water, steam, compression, process energy, 

or other end uses for that energy. 

‘‘(3) ENERGY SUSTAINABILITY.—The term ‘energy sustainability’ includes using a renewable energy source, thermal 

energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other 

energy services in fixed installations. 

‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in 

section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). 

‘‘(5) INSTITUTIONAL ENTITY.—The term ‘institutional entity’ 

means an institution of higher education, a public school district, a local government, a municipal utility, or a designee 

of 1 of those entities. 

‘‘(6) RENEWABLE ENERGY SOURCE.—The term ‘renewable 

energy source’ has the meaning given the term in section 609 

of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 

918c). 

‘‘(7) SUSTAINABLE ENERGY INFRASTRUCTURE.—The term 

‘sustainable energy infrastructure’ means— 

‘‘(A) facilities for production of energy from renewable 

energy sources, thermal energy sources, or highly efficient 

technologies, including combined heat and power or other 

waste heat use; and 

‘‘(B) district energy systems. 

‘‘(8) THERMAL ENERGY SOURCE.—The term ‘thermal energy 

source’ means— 

‘‘(A) a natural source of cooling or heating from lake 

or ocean water; and 

‘‘(B) recovery of useful energy that would otherwise 

be wasted from ongoing energy uses. 

‘‘(b) TECHNICAL ASSISTANCE GRANTS.— 

‘‘(1) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary shall implement a program of 

information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying, 

evaluating, designing, and implementing sustainable energy 

infrastructure projects in energy sustainability. 

‘‘(2) ASSISTANCE.—The Secretary shall support institutional 

entities in— 

‘‘(A) identification of opportunities for sustainable 

energy infrastructure; 

‘‘(B) understanding the technical and economic 

characteristics of sustainable energy infrastructure; 

42 USC 6371h–1. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1644 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(C) utility interconnection and negotiation of power 

and fuel contracts; 

‘‘(D) understanding financing alternatives; 

‘‘(E) permitting and siting issues; 

‘‘(F) obtaining case studies of similar and successful 

sustainable energy infrastructure systems; and 

‘‘(G) reviewing and obtaining computer software for 

assessment, design, and operation and maintenance of 

sustainable energy infrastructure systems. 

‘‘(3) ELIGIBLE COSTS FOR TECHNICAL ASSISTANCE GRANTS.— 

On receipt of an application of an institutional entity, the 

Secretary may make grants to the institutional entity to fund 

a portion of the cost of— 

‘‘(A) feasibility studies to assess the potential for 

implementation or improvement of sustainable energy 

infrastructure; 

‘‘(B) analysis and implementation of strategies to overcome barriers to project implementation, including financial, contracting, siting, and permitting barriers; and 

‘‘(C) detailed engineering of sustainable energy infrastructure. 

‘‘(c) GRANTS FOR ENERGY EFFICIENCY IMPROVEMENT AND

ENERGY SUSTAINABILITY.— 

‘‘(1) GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary shall award grants 

to institutional entities to carry out projects to improve 

energy efficiency on the grounds and facilities of the institutional entity. 

‘‘(B) REQUIREMENT.—To the extent that applications 

have been submitted, grants under subparagraph (A) shall 

include not less than 1 grant each year to an institution 

of higher education in each State. 

‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of 

the total funding for all grants under this subsection shall 

be awarded in grants to institutions of higher education. 

‘‘(2) CRITERIA.—Evaluation of projects for grant funding 

shall be based on criteria established by the Secretary, 

including criteria relating to— 

‘‘(A) improvement in energy efficiency; 

‘‘(B) reduction in greenhouse gas emissions and other 

air emissions, including criteria air pollutants and ozonedepleting refrigerants; 

‘‘(C) increased use of renewable energy sources or 

thermal energy sources; 

‘‘(D) reduction in consumption of fossil fuels; 

‘‘(E) active student participation; and 

‘‘(F) need for funding assistance. 

‘‘(3) CONDITION.—As a condition of receiving a grant under 

this subsection, an institutional entity shall agree— 

‘‘(A) to implement a public awareness campaign concerning the project in the community in which the institutional entity is located; and 

‘‘(B) to submit to the Secretary, and make available 

to the public, reports on any efficiency improvements, 

energy cost savings, and environmental benefits achieved 

as part of a project carried out under paragraph (1), 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1645 

including quantification of the results relative to the criteria described under paragraph (2). 

‘‘(d) GRANTS FOR INNOVATION IN ENERGY SUSTAINABILITY.— 

‘‘(1) GRANTS.— ‘‘(A) IN GENERAL.—The Secretary shall award grants 

to institutional entities to engage in innovative energy 

sustainability projects. 

‘‘(B) REQUIREMENT.—To the extent that applications 

have been submitted, grants under subparagraph (A) shall 

include not less than 2 grants each year to institutions 

of higher education in each State. 

‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of 

the total funding for all grants under this subsection shall 

be awarded in grants to institutions of higher education. 

‘‘(2) INNOVATION PROJECTS.—An innovation project carried 

out with a grant under this subsection shall— 

‘‘(A) involve— 

‘‘(i) an innovative technology that is not yet 

commercially available; or 

‘‘(ii) available technology in an innovative application that maximizes energy efficiency and sustainability; 

‘‘(B) have the greatest potential for testing or demonstrating new technologies or processes; and 

‘‘(C) to the extent undertaken by an institution of 

higher education, ensure active student participation in 

the project, including the planning, implementation, 

evaluation, and other phases of projects. 

‘‘(3) CONDITION.—As a condition of receiving a grant under 

this subsection, an institutional entity shall agree to submit 

to the Secretary, and make available to the public, reports 

that describe the results of the projects carried out using grant 

funds. 

‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER EDUCATION WITH

SMALL ENDOWMENTS.— ‘‘(1) IN GENERAL.—Of the total amount of grants provided 

to institutions of higher education for a fiscal year under this 

section, the Secretary shall provide not less than 50 percent 

of the amount to institutions of higher education that have 

an endowment of not more than $100,000,000. 

‘‘(2) REQUIREMENT.—To the extent that applications have 

been submitted, at least 50 percent of the amount described 

in paragraph (1) shall be provided to institutions of higher 

education that have an endowment of not more than 

$50,000,000. 

‘‘(f) GRANT AMOUNTS.— 

‘‘(1) IN GENERAL.—If the Secretary determines that cost 

sharing is appropriate, the amounts of grants provided under 

this section shall be limited as provided in this subsection. 

‘‘(2) TECHNICAL ASSISTANCE GRANTS.—In the case of grants 

for technical assistance under subsection (b), grant funds shall 

be available for not more than— 

‘‘(A) an amount equal to the lesser of— 

‘‘(i) $50,000; or 

‘‘(ii) 75 percent of the cost of feasibility studies 

to assess the potential for implementation or improvement of sustainable energy infrastructure; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1646 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(B) an amount equal to the lesser of— ‘‘(i) $90,000; or 

‘‘(ii) 60 percent of the cost of guidance on overcoming barriers to project implementation, including 

financial, contracting, siting, and permitting barriers; 

and 

‘‘(C) an amount equal to the lesser of— 

‘‘(i) $250,000; or 

‘‘(ii) 40 percent of the cost of detailed engineering 

and design of sustainable energy infrastructure. 

‘‘(3) GRANTS FOR EFFICIENCY IMPROVEMENT AND ENERGY

SUSTAINABILITY.—In the case of grants for efficiency improvement and energy sustainability under subsection (c), grant 

funds shall be available for not more than an amount equal 

to the lesser of— 

‘‘(A) $1,000,000; or 

‘‘(B) 60 percent of the total cost. 

‘‘(4) GRANTS FOR INNOVATION IN ENERGY SUSTAINABILITY.— 

In the case of grants for innovation in energy sustainability 

under subsection (d), grant funds shall be available for not 

more than an amount equal to the lesser of— 

‘‘(A) $500,000; or 

‘‘(B) 75 percent of the total cost. 

‘‘(g) LOANS FOR ENERGY EFFICIENCY IMPROVEMENT AND ENERGY

SUSTAINABILITY.— 

‘‘(1) IN GENERAL.—Subject to the availability of appropriated funds, the Secretary shall provide loans to institutional 

entities for the purpose of implementing energy efficiency 

improvements and sustainable energy infrastructure. 

‘‘(2) TERMS AND CONDITIONS.— 

‘‘(A) IN GENERAL.—Except as otherwise provided in 

this paragraph, loans made under this subsection shall 

be on such terms and conditions as the Secretary may 

prescribe. 

‘‘(B) MATURITY.—The final maturity of loans made 

within a period shall be the lesser of, as determined by 

the Secretary— 

‘‘(i) 20 years; or 

‘‘(ii) 90 percent of the useful life of the principal 

physical asset to be financed by the loan. 

‘‘(C) DEFAULT.—No loan made under this subsection 

may be subordinated to another debt contracted by the 

institutional entity or to any other claims against the 

institutional entity in the case of default. 

‘‘(D) BENCHMARK INTEREST RATE.— 

‘‘(i) IN GENERAL.—Loans under this subsection 

shall be at an interest rate that is set by reference 

to a benchmark interest rate (yield) on marketable 

Treasury securities with a similar maturity to the 

direct loans being made. 

‘‘(ii) MINIMUM.—The minimum interest rate of 

loans under this subsection shall be at the interest 

rate of the benchmark financial instrument. 

‘‘(iii) NEW LOANS.—The minimum interest rate of 

new loans shall be adjusted each quarter to take 

account of changes in the interest rate of the benchmark financial instrument. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1647 

‘‘(E) CREDIT RISK.—The Secretary shall— 

‘‘(i) prescribe explicit standards for use in periodically assessing the credit risk of making direct loans 

under this subsection; and 

‘‘(ii) find that there is a reasonable assurance of 

repayment before making a loan. 

‘‘(F) ADVANCE BUDGET AUTHORITY REQUIRED.—New 

direct loans may not be obligated under this subsection 

except to the extent that appropriations of budget authority 

to cover the costs of the new direct loans are made in 

advance, as required by section 504 of the Federal Credit 

Reform Act of 1990 (2 U.S.C. 661c). 

‘‘(3) CRITERIA.—Evaluation of projects for potential loan 

funding shall be based on criteria established by the Secretary, 

including criteria relating to— 

‘‘(A) improvement in energy efficiency; 

‘‘(B) reduction in greenhouse gas emissions and other 

air emissions, including criteria air pollutants and ozonedepleting refrigerants; 

‘‘(C) increased use of renewable electric energy sources 

or renewable thermal energy sources; 

‘‘(D) reduction in consumption of fossil fuels; and 

‘‘(E) need for funding assistance, including consideration of the size of endowment or other financial resources 

available to the institutional entity. 

‘‘(4) LABOR STANDARDS.— 

‘‘(A) IN GENERAL.—All laborers and mechanics 

employed by contractors or subcontractors in the performance of construction, repair, or alteration work funded in 

whole or in part under this section shall be paid wages 

at rates not less than those prevailing on projects of a 

character similar in the locality as determined by the Secretary of Labor in accordance with sections 3141 through 

3144, 3146, and 3147 of title 40, United States Code. The 

Secretary shall not approve any such funding without first 

obtaining adequate assurance that required labor standards will be maintained upon the construction work. 

‘‘(B) AUTHORITY AND FUNCTIONS.—The Secretary of 

Labor shall have, with respect to the labor standards specified in paragraph (1), the authority and functions set forth 

in Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 

3176; 64 Stat. 1267) and section 3145 of title 40, United 

States Code. 

‘‘(h) PROGRAM PROCEDURES.—Not later than 180 days after 

the date of enactment of this section, the Secretary shall establish 

procedures for the solicitation and evaluation of potential projects 

for grant and loan funding and administration of the grant and 

loan programs. 

‘‘(i) AUTHORIZATION.— 

‘‘(1) GRANTS.—There is authorized to be appropriated for 

the cost of grants authorized in subsections (b), (c), and (d) 

$250,000,000 for each of fiscal years 2009 through 2013, of 

which not more than 5 percent may be used for administrative 

expenses. 

‘‘(2) LOANS.—There is authorized to be appropriated for 

the initial cost of direct loans authorized in subsection (g) 

$500,000,000 for each of fiscal years 2009 through 2013, of 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1648 PUBLIC LAW 110–140—DEC. 19, 2007 

which not more than 5 percent may be used for administrative 

expenses.’’. 

Subtitle G—Public and Assisted Housing 

SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION 

CODE TO PUBLIC AND ASSISTED HOUSING. 

Section 109 of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 12709) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(C), by striking, ‘‘, where such 

standards are determined to be cost effective by the Secretary of Housing and Urban Development’’; and 

(B) in the first sentence of paragraph (2)— 

(i) by striking ‘‘Council of American Building Officials Model Energy Code, 1992’’ and inserting ‘‘2006 

International Energy Conservation Code’’; and 

(ii) by striking ‘‘, and, with respect to rehabilitation 

and new construction of public and assisted housing 

funded by HOPE VI revitalization grants under section 

24 of the United States Housing Act of 1937 (42 U.S.C. 

1437v), the 2003 International Energy Conservation 

Code’’; 

(2) in subsection (b)— 

(A) in the heading, by striking ‘‘MODEL ENERGY

CODE.—’’ and inserting ‘‘INTERNATIONAL ENERGY CONSERVATION CODE.—’’; 

(B) by inserting ‘‘and rehabilitation’’ after ‘‘all new 

construction’’; and 

(C) by striking ‘‘, and, with respect to rehabilitation 

and new construction of public and assisted housing funded 

by HOPE VI revitalization grants under section 24 of the 

United States Housing Act of 1937 (42 U.S.C. 1437v), the 

2003 International Energy Conservation Code’’; 

(3) in subsection (c)— 

(A) in the heading, by striking ‘‘MODEL ENERGY CODE

AND’’; and 

(B) by striking ‘‘, or, with respect to rehabilitation 

and new construction of public and assisted housing funded 

by HOPE VI revitalization grants under section 24 of the 

United States Housing Act of 1937 (42 U.S.C. 1437v), the 

2003 International Energy Conservation Code’’; 

(4) by adding at the end the following: 

‘‘(d) FAILURE TO AMEND THE STANDARDS.—If the Secretary 

of Housing and Urban Development and the Secretary of Agriculture 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), all 

new construction and rehabilitation of housing specified in subsection (a) shall meet the requirements of the revised code or 

standard if— 

‘‘(1) the Secretary of Housing and Urban Development or 

the Secretary of Agriculture make a determination that the 

revised codes do not negatively affect the availability or affordability of new construction of assisted housing and single family 

and multifamily residential housing (other than manufactured 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1649 

homes) subject to mortgages insured under the National 

Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, 

or made by the Secretary of Agriculture under title V of the 

Housing Act of 1949 (42 U.S.C. 1471 et seq.), respectively; 

and 

‘‘(2) 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.’’; 

(5) by striking ‘‘CABO Model Energy Code, 1992’’ each 

place it appears and inserting ‘‘the 2006 IECC’’; and 

(6) by striking ‘‘1989’’ each place it appears and inserting 

‘‘2004’’. 

Subtitle H—General Provisions 

SEC. 491. DEMONSTRATION PROJECT. 

(a) IN GENERAL.—The Federal Director and the Commercial 

Director shall establish guidelines to implement a demonstration 

project to contribute to the research goals of the Office of Commercial High-Performance Green Buildings and the Office of Federal 

High-Performance Green Buildings. 

(b) PROJECTS.—In accordance with guidelines established by 

the Federal Director and the Commercial Director under subsection 

(a) and the duties of the Federal Director and the Commercial 

Director described in this title, the Federal Director or the Commercial Director shall carry out— 

(1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green features in a Federal building 

selected by the Federal Director in accordance with relevant 

agencies and described in subsection (c)(1), that— 

(A) provides for instrumentation, monitoring, and data 

collection related to the green features, for study of the 

impact of the features on overall energy use and operational 

costs, and for the evaluation of the information obtained 

through the conduct of projects and activities under this 

title; and 

(B) achieves the highest rating offered by the high 

performance green building system identified pursuant to 

section 436(h); 

(2) no fewer than 4 demonstration projects at 4 universities, 

that, as competitively selected by the Commercial Director in 

accordance with subsection (c)(2), have— 

(A) appropriate research resources and relevant 

projects to meet the goals of the demonstration project 

established by the Office of Commercial High-Performance 

Green Buildings; and 

(B) the ability— 

(i) to serve as a model for high-performance green 

building initiatives, including research and education 

by achieving the highest rating offered by the high 

performance green building system identified pursuant 

to section 436(h); 

(ii) to identify the most effective ways to use highperformance green building and landscape technologies 

Guidelines. 

42 USC 17121. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1650 PUBLIC LAW 110–140—DEC. 19, 2007 

to engage and educate undergraduate and graduate 

students; 

(iii) to effectively implement a high-performance 

green building education program for students and 

occupants; 

(iv) to demonstrate the effectiveness of various 

high-performance technologies, including their impacts 

on energy use and operational costs, in each of the 

4 climatic regions of the United States described in 

subsection (c)(2)(B); and 

(v) to explore quantifiable and nonquantifiable 

beneficial impacts on public health and employee and 

student performance; 

(3) demonstration projects to evaluate replicable 

approaches of achieving high performance in actual building 

operation in various types of commercial buildings in various 

climates; and 

(4) deployment activities to disseminate information on 

and encourage widespread adoption of technologies, practices, 

and policies to achieve zero-net-energy commercial buildings 

or low energy use and effective monitoring of energy use in 

commercial buildings. 

(c) CRITERIA.— 

(1) FEDERAL FACILITIES.—With respect to the existing or 

proposed Federal facility at which a demonstration project 

under this section is conducted, the Federal facility shall— 

(A) be an appropriate model for a project relating to— 

(i) the effectiveness of high-performance technologies; 

(ii) analysis of materials, components, systems, and 

emergency operations in the building, and the impact 

of those materials, components, and systems, including 

the impact on the health of building occupants; 

(iii) life-cycle costing and life-cycle assessment of 

building materials and systems; and 

(iv) location and design that promote access to 

the Federal facility through walking, biking, and mass 

transit; and 

(B) possess sufficient technological and organizational 

adaptability. 

(2) UNIVERSITIES.—With respect to the 4 universities at 

which a demonstration project under this section is conducted— 

(A) the universities should be selected, after careful 

review of all applications received containing the required 

information, as determined by the Commercial Director, 

based on— 

(i) successful and established public-private 

research and development partnerships; 

(ii) demonstrated capabilities to construct or renovate buildings that meet high indoor environmental 

quality standards; 

(iii) organizational flexibility; 

(iv) technological adaptability; 

(v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister 

universities, preferably by participation in groups or 

consortia that promote sustainability; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1651 

(vi) the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide ‘‘highperformance green building’’ guidelines for all campus 

building projects; and 

(vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions 

as a national leader in sustainability education and 

curriculum for students of the university; and 

(B) each university shall be located in a different climatic region of the United States, each of which regions 

shall have, as determined by the Office of Commercial 

High-Performance Green Buildings— 

(i) a hot, dry climate; 

(ii) a hot, humid climate; 

(iii) a cold climate; or 

(iv) a temperate climate (including a climate with 

cold winters and humid summers). 

(d) APPLICATIONS.—To receive a grant under subsection (b), 

an eligible applicant shall submit to the Federal Director or the 

Commercial Director an application at such time, in such manner, 

and containing such information as the Director may require, 

including a written assurance that all laborers and mechanics 

employed by contractors or subcontractors during construction, 

alteration, or repair that is financed, in whole or in part, by a 

grant under this section shall be paid wages at rates not less 

than those prevailing on similar construction in the locality, as 

determined by the Secretary of Labor in accordance with sections 

3141 through 3144, 3146, and 3147 of title 40, United States Code. 

The Secretary of Labor shall, with respect to the labor standards 

described in this subsection, have the authority and functions set 

forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) 

and section 3145 of title 40, United States Code. 

(e) REPORT.—Not later than 1 year after the date of enactment 

of this Act, and annually thereafter through September 30, 2014— 

(1) the Federal Director and the Commercial Director shall 

submit to the Secretary a report that describes the status 

of the demonstration projects; and 

(2) each University at which a demonstration project under 

this section is conducted shall submit to the Secretary a report 

that describes the status of the demonstration projects under 

this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out the demonstration project described 

in section (b)(1), $10,000,000 for the period of fiscal years 2008 

through 2012, and to carry out the demonstration project described 

in section (b)(2), $10,000,000 for the period of fiscal years 2008 

through 2012, to remain available until expended. 

SEC. 492. RESEARCH AND DEVELOPMENT. 

(a) ESTABLISHMENT.—The Federal Director and the Commercial 

Director, jointly and in coordination with the Advisory Committee, 

shall— 

(1)(A) survey existing research and studies relating to highperformance green buildings; and 

(B) coordinate activities of common interest; 

(2) develop and recommend a high-performance green 

building research plan that— 

42 USC 17122. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1652 PUBLIC LAW 110–140—DEC. 19, 2007 

(A) identifies information and research needs, including 

the relationships between human health, occupant productivity, safety, security, and accessibility and each of— 

(i) emissions from materials and products in the 

building; 

(ii) natural day lighting; 

(iii) ventilation choices and technologies; 

(iv) heating, cooling, and system control choices 

and technologies; 

(v) moisture control and mold; 

(vi) maintenance, cleaning, and pest control activities; 

(vii) acoustics; 

(viii) access to public transportation; and 

(ix) other issues relating to the health, comfort, 

productivity, and performance of occupants of the 

building; 

(B) promotes the development and dissemination of 

high-performance green building measurement tools that, 

at a minimum, may be used— 

(i) to monitor and assess the life-cycle performance 

of facilities (including demonstration projects) built as 

high-performance green buildings; and 

(ii) to perform life-cycle assessments; and 

(C) identifies and tests new and emerging technologies 

for high-performance green buildings; 

(3) assist the budget and life-cycle costing functions of 

the Directors’ Offices under section 436(d); 

(4) study and identify potential benefits of green buildings 

relating to security, natural disaster, and emergency needs 

of the Federal Government; and 

(5) support other research initiatives determined by the 

Directors’ Offices. 

(b) INDOOR AIR QUALITY.—The Federal Director, in consultation 

with the Administrator of the Environmental Protection Agency 

and the Advisory Committee, shall develop and carry out a comprehensive indoor air quality program for all Federal facilities to 

ensure the safety of Federal workers and facility occupants— 

(1) during new construction and renovation of facilities; 

and 

(2) in existing facilities. 

SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION 

GRANT PROGRAM FOR LOCAL GOVERNMENTS. 

Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS. 

‘‘(a) GRANT PROGRAM.— 

‘‘(1) IN GENERAL.—The Administrator shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as 

municipalities and counties), with respect to local government 

buildings— 

‘‘(A) to deploy cost-effective technologies and practices; 

and 

42 USC 7628. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1653 

‘‘(B) to achieve operational cost savings, through the 

application of cost-effective technologies and practices, as 

verified by the Administrator. 

‘‘(2) COST SHARING.— 

‘‘(A) IN GENERAL.—The Federal share of the cost of 

an activity carried out using a grant provided under this 

section shall be 40 percent. 

‘‘(B) WAIVER OF NON-FEDERAL SHARE.—The Administrator may waive up to 100 percent of the local share 

of the cost of any grant under this section should the 

Administrator determine that the community is economically distressed, pursuant to objective economic criteria 

established by the Administrator in published guidelines. 

‘‘(3) MAXIMUM AMOUNT.—The amount of a grant provided 

under this subsection shall not exceed $1,000,000. 

‘‘(b) GUIDELINES.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Administrator shall issue 

guidelines to implement the grant program established under 

subsection (a). 

‘‘(2) REQUIREMENTS.—The guidelines under paragraph (1) 

shall establish— 

‘‘(A) standards for monitoring and verification of operational cost savings through the application of cost-effective 

technologies and practices reported by grantees under this 

section; 

‘‘(B) standards for grantees to implement training programs, and to provide technical assistance and education, 

relating to the retrofit of buildings using cost-effective technologies and practices; and 

‘‘(C) a requirement that each local government that 

receives a grant under this section shall achieve facilitywide cost savings, through renovation of existing local 

government buildings using cost-effective technologies and 

practices, of at least 40 percent as compared to the baseline 

operational costs of the buildings before the renovation 

(as calculated assuming a 3-year, weather-normalized average). 

‘‘(c) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in 

this section or any program carried out using a grant provided 

under this section supersedes or otherwise affects any State or 

local law, to the extent that the State or local law contains a 

requirement that is more stringent than the relevant requirement 

of this section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $20,000,000 for each 

of fiscal years 2007 through 2012. 

‘‘(e) REPORTS.— 

‘‘(1) IN GENERAL.—The Administrator shall provide annual 

reports to Congress on cost savings achieved and actions taken 

and recommendations made under this section, and any recommendations for further action. 

‘‘(2) FINAL REPORT.—The Administrator shall issue a final 

report at the conclusion of the program, including findings, 

a summary of total cost savings achieved, and recommendations 

for further action. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1654 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(f) TERMINATION.—The program under this section shall terminate on September 30, 2012. 

‘‘(g) DEFINITIONS.—In this section, the terms ‘cost-effective technologies and practices’ and ‘operating cost savings’ shall have the 

meanings defined in section 401 of the Energy Independence and 

Security Act of 2007.’’. 

SEC. 494. GREEN BUILDING ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Federal Director, in coordination 

with the Commercial Director, shall establish an advisory committee, to be known as the ‘‘Green Building Advisory Committee’’. 

(b) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall be composed of representatives of, at a minimum— 

(A) each agency referred to in section 421(e); and 

(B) other relevant agencies and entities, as determined 

by the Federal Director, including at least 1 representative 

of each of— 

(i) State and local governmental green building 

programs; 

(ii) independent green building associations or 

councils; 

(iii) building experts, including architects, material 

suppliers, and construction contractors; 

(iv) security advisors focusing on national security 

needs, natural disasters, and other dire emergency 

situations; 

(v) public transportation industry experts; and 

(vi) environmental health experts, including those 

with experience in children’s health. 

(2) NON-FEDERAL MEMBERS.—The total number of non-Federal members on the Committee at any time shall not exceed 

15. 

(c) MEETINGS.—The Federal Director shall establish a regular 

schedule of meetings for the Committee. 

(d) DUTIES.—The Committee shall provide advice and expertise 

for use by the Federal Director in carrying out the duties under 

this subtitle, including such recommendations relating to Federal 

activities carried out under sections 434 through 436 as are agreed 

to by a majority of the members of the Committee. 

(e) FACA EXEMPTION.—The Committee shall not be subject 

to section 14 of the Federal Advisory Committee Act (5 U.S.C. 

App.). 

SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE. 

(a) ESTABLISHMENT.—The Secretary, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable 

Energy, shall establish an Advisory Committee on Energy Efficiency 

Finance to provide advice and recommendations to the Department 

on energy efficiency finance and investment issues, options, ideas, 

and trends, and to assist the energy community in identifying 

practical ways of lowering costs and increasing investments in 

energy efficiency technologies. 

(b) MEMBERSHIP.—The advisory committee established under 

this section shall have a balanced membership that shall include 

members with expertise in— 

(1) availability of seed capital; 

42 USC 17124. 

Deadline. 

42 USC 17123. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1655 

(2) availability of venture capital; 

(3) availability of other sources of private equity; 

(4) investment banking with respect to corporate finance; 

(5) investment banking with respect to mergers and acquisitions; 

(6) equity capital markets; 

(7) debt capital markets; 

(8) research analysis; 

(9) sales and trading; 

(10) commercial lending; and 

(11) residential lending. 

(c) TERMINATION.—The Advisory Committee on Energy Efficiency Finance shall terminate on the date that is 10 years after 

the date of enactment of this Act. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to the Secretary 

for carrying out this section. 

TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS 

Subtitle A—United States Capitol Complex 

SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY 

STUDIES. 

(a) STUDIES.—The Architect of the Capitol may conduct feasibility studies regarding construction of photovoltaic roofs for the 

Rayburn House Office Building and the Hart Senate Office Building. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall transmit to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Rules and Administration 

of the Senate, a report on the results of the feasibility studies 

and recommendations regarding construction of photovoltaic roofs 

for the buildings referred to in subsection (a). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $500,000. 

SEC. 502. CAPITOL COMPLEX E–85 REFUELING STATION. 

(a) CONSTRUCTION.—The Architect of the Capitol may construct 

a fuel tank and pumping system for E–85 fuel at or within close 

proximity to the Capitol Grounds Fuel Station. 

(b) USE.—The E–85 fuel tank and pumping system shall be 

available for use by all legislative branch vehicles capable of operating with E–85 fuel, subject to such other legislative branch agencies reimbursing the Architect of the Capitol for the costs of E– 

85 fuel used by such other legislative branch vehicles. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $640,000 for fiscal 

year 2008. 

SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER PLAN. 

(a) IN GENERAL.—To the maximum extent practicable, the 

Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and 

2 USC 1824. 

2 USC 2169. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1656 PUBLIC LAW 110–140—DEC. 19, 2007 

other appropriate environmental measures in the Capitol Complex 

Master Plan. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Architect of the Capitol shall submit to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Rules and Administration 

of the Senate, a report on the energy efficiency and conservation 

measures, greenhouse gas emission reduction measures, and other 

appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a). 

SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAPITOL POWER PLANT. 

(a) STEAM BOILERS.— (1) IN GENERAL.—The Architect of the Capitol shall take 

such steps as may be necessary to operate the steam boilers 

at the Capitol Power Plant in the most energy efficient manner 

possible to minimize carbon emissions and operating costs, 

including adjusting steam pressures and adjusting the operation of the boilers to take into account variations in demand, 

including seasonality, for the use of the system. 

(2) EFFECTIVE DATE.—The Architect shall implement the 

steps required under paragraph (1) not later than 30 days 

after the date of the enactment of this Act. 

(b) CHILLER PLANT.— (1) IN GENERAL.—The Architect of the Capitol shall take 

such steps as may be necessary to operate the chiller plant 

at the Capitol Power Plant in the most energy efficient manner 

possible to minimize carbon emissions and operating costs, 

including adjusting water temperatures and adjusting the operation of the chillers to take into account variations in demand, 

including seasonality, for the use of the system. 

(2) EFFECTIVE DATE.—The Architect shall implement the 

steps required under paragraph (1) not later than 30 days 

after the date of the enactment of this Act. 

(c) METERS.—Not later than 90 days after the date of the 

enactment of this Act, the Architect of the Capitol shall evaluate 

the accuracy of the meters in use at the Capitol Power Plant 

and correct them as necessary. 

(d) REPORT ON IMPLEMENTATION.—Not later than 180 days 

after the date of the enactment of this Act, the Architect of the 

Capitol shall complete the implementation of the requirements of 

this section and submit a report describing the actions taken and 

the energy efficiencies achieved to the Committee on Transportation 

and Infrastructure of the House of Representatives, the Committee 

on Commerce, Science, and Transportation of the Senate, the Committee on House Administration of the House of Representatives, 

and the Committee on Rules and Administration of the Senate. 

SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASIBILITY STUDY AND DEMONSTRATION PROJECTS. 

The first section of the Act of March 4, 1911 (2 U.S.C. 2162; 

36 Stat. 1414, chapter 285) is amended in the seventh undesignated 

paragraph (relating to the Capitol Power Plant) under the heading 

‘‘Public Buildings’’, under the heading ‘‘Under the Department of 

Interior’’— 

(1) by striking ‘‘ninety thousand dollars:’’ and inserting 

$90,000.’’; and 

Deadline. 

2 USC 2162a. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1657 

(2) by striking ‘‘Provided, That hereafter the’’ and all that 

follows through the end of the proviso and inserting the following: 

‘‘(a) DESIGNATION.—The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904 (33 

Stat. 479, chapter 1762) shall be known as the ‘Capitol Power 

Plant’. 

‘‘(b) DEFINITION.—In this section, the term ‘carbon dioxide 

energy efficiency’ means the quantity of electricity used to power 

equipment for carbon dioxide capture and storage or use. 

‘‘(c) FEASIBILITY STUDY.—The Architect of the Capitol shall 

conduct a feasibility study evaluating the available methods to 

capture, store, and use carbon dioxide emitted from the Capitol 

Power Plant as a result of burning fossil fuels. In carrying out 

the feasibility study, the Architect of the Capitol is encouraged 

to consult with individuals with expertise in carbon capture and 

storage or use, including experts with the Environmental Protection 

Agency, Department of Energy, academic institutions, non-profit 

organizations, and industry, as appropriate. The study shall consider— 

‘‘(1) the availability of technologies to capture and store 

or use Capitol Power Plant carbon dioxide emissions; 

‘‘(2) strategies to conserve energy and reduce carbon dioxide 

emissions at the Capitol Power Plant; and 

‘‘(3) other factors as determined by the Architect of the 

Capitol. 

‘‘(d) DEMONSTRATION PROJECTS.— 

‘‘(1) IN GENERAL.—If the feasibility study determines that 

a demonstration project to capture and store or use Capitol 

Power Plant carbon dioxide emissions is technologically feasible 

and economically justified (including direct and indirect economic and environmental benefits), the Architect of the Capitol 

may conduct 1 or more demonstration projects to capture and 

store or use carbon dioxide emitted from the Capitol Power 

Plant as a result of burning fossil fuels. 

‘‘(2) FACTORS FOR CONSIDERATION.—In carrying out such 

demonstration projects, the Architect of the Capitol shall consider— 

‘‘(A) the amount of Capitol Power Plant carbon dioxide 

emissions to be captured and stored or used; 

‘‘(B) whether the proposed project is able to reduce 

air pollutants other than carbon dioxide; 

‘‘(C) the carbon dioxide energy efficiency of the proposed project; 

‘‘(D) whether the proposed project is able to use carbon 

dioxide emissions; 

‘‘(E) whether the proposed project could be expanded 

to significantly increase the amount of Capitol Power Plant 

carbon dioxide emissions to be captured and stored or 

used; 

‘‘(F) the potential environmental, energy, and educational benefits of demonstrating the capture and storage 

or use of carbon dioxide at the U.S. Capitol; and 

‘‘(G) other factors as determined by the Architect of 

the Capitol. 

2 USC 2162. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1658 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(3) TERMS AND CONDITIONS.—A demonstration project 

funded under this section shall be subject to such terms and 

conditions as the Architect of the Capitol may prescribe. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out the feasibility study and demonstration project $3,000,000. Such sums shall remain available until 

expended.’’. 

Subtitle B—Energy Savings Performance 

Contracting 

SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS. 

(a) IN GENERAL.—Section 801(a)(2)(D) of the National Energy 

Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended— 

(1) in clause (ii), by inserting ‘‘and’’ after the semicolon 

at the end; 

(2) by striking clause (iii); and 

(3) by redesignating clause (iv) as clause (iii). 

(b) REPORTS.—Section 548(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting 

‘‘and any termination penalty exposure’’ after ‘‘the energy and cost 

savings that have resulted from such contracts’’. 

(c) CONFORMING AMENDMENT.—Section 2913 of title 10, United 

States Code, is amended by striking subsection (e). 

SEC. 512. FINANCING FLEXIBILITY. 

Section 801(a)(2) of the National Energy Conservation Policy 

Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the 

following: 

‘‘(E) FUNDING OPTIONS.—In carrying out a contract 

under this title, a Federal agency may use any combination 

of— 

‘‘(i) appropriated funds; and 

‘‘(ii) private financing under an energy savings 

performance contract.’’. 

SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE 

CONTRACTS AND VERIFYING SAVINGS. 

Section 801(a)(2) of the National Energy Conservation Policy 

Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended— 

(1) in subparagraph (D), by inserting ‘‘beginning on the 

date of the delivery order’’ after ‘‘25 years’’; and 

(2) by adding at the end the following: 

‘‘(F) PROMOTION OF CONTRACTS.—In carrying out this 

section, a Federal agency shall not— 

‘‘(i) establish a Federal agency policy that limits 

the maximum contract term under subparagraph (D) 

to a period shorter than 25 years; or 

‘‘(ii) limit the total amount of obligations under 

energy savings performance contracts or other private 

financing of energy savings measures. 

‘‘(G) MEASUREMENT AND VERIFICATION REQUIREMENTS

FOR PRIVATE FINANCING.— ‘‘(i) IN GENERAL.—In the case of energy savings 

performance contracts, the evaluations and savings 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1659 

measurement and verification required under paragraphs (2) and (4) of section 543(f) shall be used by 

a Federal agency to meet the requirements for the 

need for energy audits, calculation of energy savings, 

and any other evaluation of costs and savings needed 

to implement the guarantee of savings under this section. 

‘‘(ii) MODIFICATION OF EXISTING CONTRACTS.—Not 

later than 18 months after the date of enactment of 

this subparagraph, each Federal agency shall, to the 

maximum extent practicable, modify any indefinite 

delivery and indefinite quantity energy savings 

performance contracts, and other indefinite delivery 

and indefinite quantity contracts using private 

financing, to conform to the amendments made by 

subtitle B of title V of the Energy Independence and 

Security Act of 2007.’’. 

SEC. 514. PERMANENT REAUTHORIZATION. 

Section 801 of the National Energy Conservation Policy Act 

(42 U.S.C. 8287) is amended by striking subsection (c). 

SEC. 515. DEFINITION OF ENERGY SAVINGS. 

Section 804(2) of the National Energy Conservation Policy Act 

(42 U.S.C. 8287c(2)) is amended— 

(1) by redesignating subparagraphs (A), (B), and (C) as 

clauses (i), (ii), and (iii), respectively, and indenting appropriately; 

(2) by striking ‘‘means a reduction’’ and inserting ‘‘means— 

‘‘(A) a reduction’’; 

(3) by striking the period at the end and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(B) the increased efficient use of an existing energy 

source by cogeneration or heat recovery; 

‘‘(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.’’. 

SEC. 516. RETENTION OF SAVINGS. 

Section 546(c) of the National Energy Conservation Policy Act 

(42 U.S.C. 8256(c)) is amended by striking paragraph (5). 

SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY EFFICIENCY CONTRACTS. 

(a) PROGRAM.—The Secretary shall create and administer in 

the Federal Energy Management Program a training program to 

educate Federal contract negotiation and contract management personnel so that the contract officers are prepared to— 

(1) negotiate energy savings performance contracts; 

(2) conclude effective and timely contracts for energy efficiency services with all companies offering energy efficiency 

services; and 

42 USC 17131. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1660 PUBLIC LAW 110–140—DEC. 19, 2007 

(3) review Federal contracts for all products and services 

for the potential energy efficiency opportunities and implications of the contracts. 

(b) SCHEDULE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall plan, staff, announce, and 

begin training under the Federal Energy Management Program. 

(c) PERSONNEL TO BE TRAINED.—Personnel appropriate to 

receive training under the Federal Energy Management Program 

shall be selected by and sent for the training from— 

(1) the Department of Defense; 

(2) the Department of Veterans Affairs; 

(3) the Department; 

(4) the General Services Administration; 

(5) the Department of Housing and Urban Development; 

(6) the United States Postal Service; and 

(7) all other Federal agencies and departments that enter 

contracts for buildings, building services, electricity and electricity services, natural gas and natural gas services, heating 

and air conditioning services, building fuel purchases, and other 

types of procurement or service contracts determined by the 

Secretary, in carrying out the Federal Energy Management 

Program, to offer the potential for energy savings and greenhouse gas emission reductions if negotiated with taking into 

account those goals. 

(d) TRAINERS.—Training under the Federal Energy Management Program may be conducted by— 

(1) attorneys or contract officers with experience in negotiating and managing contracts described in subsection (c)(7) 

from any agency, except that the Secretary shall reimburse 

the related salaries and expenses of the attorneys or contract 

officers from amounts made available for carrying out this 

section to the extent the attorneys or contract officers are 

not employees of the Department; and 

(2) private experts hired by the Secretary for the purposes 

of this section, except that the Secretary may not hire experts 

who are simultaneously employed by any company under contract to provide energy efficiency services to the Federal Government. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to carry out this section $750,000 

for each of fiscal years 2008 through 2012. 

SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING 

APPLICATIONS. 

(a) DEFINITIONS.—In this section: 

(1) NONBUILDING APPLICATION.—The term ‘‘nonbuilding 

application’’ means— 

(A) any class of vehicles, devices, or equipment that 

is transportable under the power of the applicable vehicle, 

device, or equipment by land, sea, or air and that consumes 

energy from any fuel source for the purpose of— 

(i) that transportation; or 

(ii) maintaining a controlled environment within 

the vehicle, device, or equipment; and 

(B) any federally-owned equipment used to generate 

electricity or transport water. 

(2) SECONDARY SAVINGS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1661 

(A) IN GENERAL.—The term ‘‘secondary savings’’ means 

additional energy or cost savings that are a direct consequence of the energy savings that result from the energy 

efficiency improvements that were financed and implemented pursuant to an energy savings performance contract. 

(B) INCLUSIONS.—The term ‘‘secondary savings’’ 

includes— 

(i) energy and cost savings that result from a 

reduction in the need for fuel delivery and logistical 

support; 

(ii) personnel cost savings and environmental benefits; and 

(iii) in the case of electric generation equipment, 

the benefits of increased efficiency in the production 

of electricity, including revenues received by the Federal Government from the sale of electricity so produced. 

(b) STUDY.— 

(1) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary and the Secretary of 

Defense shall jointly conduct, and submit to Congress and 

the President, a report of, a study of the potential for the 

use of energy savings performance contracts to reduce energy 

consumption and provide energy and cost savings in nonbuilding applications. 

(2) REQUIREMENTS.—The study under this subsection shall 

include— 

(A) an estimate of the potential energy and cost savings 

to the Federal Government, including secondary savings 

and benefits, from increased efficiency in nonbuilding 

applications; 

(B) an assessment of the feasibility of extending the 

use of energy savings performance contracts to nonbuilding 

applications, including an identification of any regulatory 

or statutory barriers to that use; and 

(C) such recommendations as the Secretary and the 

Secretary of Defense determine to be appropriate. 

Subtitle C—Energy Efficiency in Federal 

Agencies 

SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT 

OF ENERGY HEADQUARTERS BUILDING. 

(a) IN GENERAL.—The Administrator of General Services shall 

install a photovoltaic system, as set forth in the Sun Wall Design 

Project, for the headquarters building of the Department located 

at 1000 Independence Avenue, SW., Washington, DC, commonly 

known as the Forrestal Building. 

(b) FUNDING.—There shall be available from the Federal 

Buildings Fund established by section 592 of title 40, United States 

Code, $30,000,000 to carry out this section. Such sums shall be 

derived from the unobligated balance of amounts made available 

from the Fund for fiscal year 2007, and prior fiscal years, for 

repairs and alternations and other activities (excluding amounts 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1662 PUBLIC LAW 110–140—DEC. 19, 2007 

made available for the energy program). Such sums shall remain 

available until expended. 

SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD. 

(a) PROHIBITION.—Except as provided by subsection (b), on and 

after January 1, 2009, a general service incandescent lamp shall 

not be purchased or installed in a Coast Guard facility by or 

on behalf of the Coast Guard. 

(b) EXCEPTION.—A general service incandescent lamp may be 

purchased, installed, and used in a Coast Guard facility whenever 

the application of a general service incandescent lamp is— 

(1) necessary due to purpose or design, including medical, 

security, and industrial applications; 

(2) reasonable due to the architectural or historical value 

of a light fixture installed before January 1, 2009; or 

(3) the Commandant of the Coast Guard determines that 

operational requirements necessitate the use of a general 

service incandescent lamp. 

(c) LIMITATION.—In this section, the term ‘‘facility’’ does not 

include a vessel or aircraft of the Coast Guard. 

SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS. 

Section 305(a)(3)(A) of the Energy Conservation and Production 

Act (42 U.S.C. 6834(a)(3)(A)) is amended— 

(1) in clause (i)(II), by striking ‘‘and’’ at the end; 

(2) in clause (ii), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(iii) if lifecycle cost-effective, as compared to other 

reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal 

building or Federal building undergoing a major renovation be met through the installation and use of 

solar hot water heaters.’’. 

SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER. 

Section 553 of the National Energy Conservation Policy Act 

(42 U.S.C. 8259b) is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following: 

‘‘(e) FEDERALLY-PROCURED APPLIANCES WITH STANDBY

POWER.— 

‘‘(1) DEFINITION OF ELIGIBLE PRODUCT.—In this subsection, 

the term ‘eligible product’ means a commercially available, 

off-the-shelf product that— 

‘‘(A)(i) uses external standby power devices; or 

‘‘(ii) contains an internal standby power function; and 

‘‘(B) is included on the list compiled under paragraph 

(4). 

‘‘(2) FEDERAL PURCHASING REQUIREMENT.—Subject to paragraph (3), if an agency purchases an eligible product, the agency 

shall purchase— 

‘‘(A) an eligible product that uses not more than 1 

watt in the standby power consuming mode of the eligible 

product; or 

‘‘(B) if an eligible product described in subparagraph 

(A) is not available, the eligible product with the lowest 

Effective date. 

42 USC 17141. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1663 

available standby power wattage in the standby power 

consuming mode of the eligible product. 

‘‘(3) LIMITATION.—The requirements of paragraph (2) shall 

apply to a purchase by an agency only if— 

‘‘(A) the lower-wattage eligible product is— 

‘‘(i) lifecycle cost-effective; and 

‘‘(ii) practicable; and 

‘‘(B) the utility and performance of the eligible product 

is not compromised by the lower wattage requirement. 

‘‘(4) ELIGIBLE PRODUCTS.—The Secretary, in consultation 

with the Secretary of Defense, the Administrator of the 

Environmental Protection Agency, and the Administrator of 

General Services, shall compile a publicly accessible list of 

cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2).’’. 

SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS. 

(a) AMENDMENTS.—Section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b) is amended— 

(1) in subsection (b)(1), by inserting ‘‘in a product category 

covered by the Energy Star program or the Federal Energy 

Management Program for designated products’’ after ‘‘energy 

consuming product’’; and 

(2) in the second sentence of subsection (c)— 

(A) by inserting ‘‘list in their catalogues, represent 

as available, and’’ after ‘‘Logistics Agency shall’’; and 

(B) by striking ‘‘where the agency’’ and inserting ‘‘in 

which the head of the agency’’. 

(b) CATALOGUE LISTING DEADLINE.—Not later than 9 months 

after the date of enactment of this Act, the General Services 

Administration and the Defense Logistics Agency shall ensure that 

the requirement established by the amendment made by subsection 

(a)(2)(A) has been fully complied with. 

SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS. 

No Federal agency shall enter into a contract for procurement 

of an alternative or synthetic fuel, including a fuel produced from 

nonconventional petroleum sources, for any mobility-related use, 

other than for research or testing, unless the contract specifies 

that the lifecycle greenhouse gas emissions associated with the 

production and combustion of the fuel supplied under the contract 

must, on an ongoing basis, be less than or equal to such emissions 

from the equivalent conventional fuel produced from conventional 

petroleum sources. 

SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS. 

(a) IN GENERAL.—Each Federal agency subject to any of the 

requirements of this title or the amendments made by this title 

shall compile and submit to the Director of the Office of Management and Budget an annual Government efficiency status report 

on— 

(1) compliance by the agency with each of the requirements 

of this title and the amendments made by this title; 

(2) the status of the implementation by the agency of 

initiatives to improve energy efficiency, reduce energy costs, 

and reduce emissions of greenhouse gases; and 

42 USC 17143. 

42 USC 17142. 

42 USC 8259b 

note. 

Records. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1664 PUBLIC LAW 110–140—DEC. 19, 2007 

(3) savings to the taxpayers of the United States resulting 

from mandated improvements under this title and the amendments made by this title. 

(b) SUBMISSION.—The report shall be submitted— 

(1) to the Director at such time as the Director requires; 

(2) in electronic, not paper, format; and 

(3) consistent with related reporting requirements. 

SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS. 

(a) REPORTS.—Not later than April 1 of each year, the Director 

of the Office of Management and Budget shall submit an annual 

Government efficiency report to the Committee on Oversight and 

Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate, which shall contain— 

(1) a summary of the information reported by agencies 

under section 527; 

(2) an evaluation of the overall progress of the Federal 

Government toward achieving the goals of this title and the 

amendments made by this title; and 

(3) recommendations for additional actions necessary to 

meet the goals of this title and the amendments made by 

this title. 

(b) SCORECARDS.—The Director of the Office of Management 

and Budget shall include in any annual energy scorecard the 

Director is otherwise required to submit a description of the compliance of each agency with the requirements of this title and the 

amendments made by this title. 

SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE. 

(a) IN GENERAL.—Title V of the National Energy Conservation 

Policy Act (42 U.S.C. 8241 et seq.) is amended by adding at the 

end the following: 

‘‘PART 5—PEAK DEMAND REDUCTION 

‘‘SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE. 

‘‘(a) NATIONAL ASSESSMENT AND REPORT.—The Federal Energy 

Regulatory Commission (‘Commission’) shall conduct a National 

Assessment of Demand Response. The Commission shall, within 

18 months of the date of enactment of this part, submit a report 

to Congress that includes each of the following: 

‘‘(1) Estimation of nationwide demand response potential 

in 5 and 10 year horizons, including data on a State-by-State 

basis, and a methodology for updates of such estimates on 

an annual basis. 

‘‘(2) Estimation of how much of this potential can be 

achieved within 5 and 10 years after the enactment of this 

part accompanied by specific policy recommendations that if 

implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources. 

‘‘(3) The Commission shall further note any barriers to 

demand response programs offering flexible, non-discriminatory, and fairly compensatory terms for the services and benefits 

made available, and shall provide recommendations for overcoming such barriers. 

42 USC 8279. 

42 USC 17144. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1665 

‘‘(4) The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that there 

is no duplication of effort. 

‘‘(b) NATIONAL ACTION PLAN ON DEMAND RESPONSE.—The 

Commission shall further develop a National Action Plan on 

Demand Response, soliciting and accepting input and participation 

from a broad range of industry stakeholders, State regulatory utility 

commissioners, and non-governmental groups. The Commission 

shall seek consensus where possible, and decide on optimum solutions to issues that defy consensus. Such Plan shall be completed 

within 1 year after the completion of the National Assessment 

of Demand Response, and shall meet each of the following objectives: 

‘‘(1) Identification of requirements for technical assistance 

to States to allow them to maximize the amount of demand 

response resources that can be developed and deployed. 

‘‘(2) Design and identification of requirements for 

implementation of a national communications program that 

includes broad-based customer education and support. 

‘‘(3) Development or identification of analytical tools, 

information, model regulatory provisions, model contracts, and 

other support materials for use by customers, States, utilities 

and demand response providers. 

‘‘(c) Upon completion, the National Action Plan on Demand 

Response shall be published, together with any favorable and dissenting comments submitted by participants in its preparation. 

Six months after publication, the Commission, together with the 

Secretary of Energy, shall submit to Congress a proposal to implement the Action Plan, including specific proposed assignments of 

responsibility, proposed budget amounts, and any agreements 

secured for participation from State and other participants. 

‘‘(d) AUTHORIZATION.—There are authorized to be appropriated 

to the Commission to carry out this section not more than 

$10,000,000 for each of the fiscal years 2008, 2009, and 2010.’’. 

(b) TABLE OF CONTENTS.—The table of contents for the National 

Energy Conservation Policy Act (42 U.S.C. 8201 note) is amended 

by adding after the items relating to part 4 of title V the following: 

‘‘PART 5—PEAK DEMAND REDUCTION

‘‘Sec. 571. National Action Plan for Demand Response.’’. 

Subtitle D—Energy Efficiency of Public 

Institutions 

SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS. 

Section 365(f) of the Energy Policy and Conservation Act (42 

U.S.C. 6325(f)) is amended by striking ‘‘$100,000,000 for each of 

the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 

2008’’ and inserting ‘‘$125,000,000 for each of fiscal years 2007 

through 2012’’. 

SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS. 

(a) ELECTRIC UTILITIES.—Section 111(d) of the Public Utility 

Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 

by adding at the end the following: 

‘‘(16) INTEGRATED RESOURCE PLANNING.—Each electric 

utility shall— 

Deadline. 

Proposal. 

Publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1666 PUBLIC LAW 110–140—DEC. 19, 2007 

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

State, and regional plans; and 

‘‘(B) adopt policies establishing cost-effective energy 

efficiency as a priority resource. 

‘‘(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY

EFFICIENCY INVESTMENTS.— 

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

by any electric utility shall— 

‘‘(i) align utility incentives with the delivery of 

cost-effective energy efficiency; and 

‘‘(ii) promote energy efficiency investments. 

‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider— 

‘‘(i) removing the throughput incentive and other 

regulatory and management disincentives to energy 

efficiency; 

‘‘(ii) providing utility incentives for the successful 

management of energy efficiency programs; 

‘‘(iii) including the impact on adoption of energy 

efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with 

other objectives; 

‘‘(iv) adopting rate designs that encourage energy 

efficiency for each customer class; 

‘‘(v) allowing timely recovery of energy efficiencyrelated costs; and 

‘‘(vi) offering home energy audits, offering demand 

response programs, publicizing the financial and 

environmental benefits associated with making home 

energy efficiency improvements, and educating homeowners about all existing Federal and State incentives, 

including the availability of low-cost loans, that make 

energy efficiency improvements more affordable.’’. 

(b) NATURAL GAS UTILITIES.—Section 303(b) of the Public 

Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is 

amended by adding at the end the following: 

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

‘‘(A) integrate energy efficiency resources into the plans 

and planning processes of the natural gas utility; and 

‘‘(B) adopt policies that establish energy efficiency as 

a priority resource in the plans and planning processes 

of the natural gas utility. 

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

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

by a natural gas utility shall align utility incentives with 

the deployment of cost-effective energy efficiency. 

‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider— 

‘‘(i) separating fixed-cost revenue recovery from the 

volume of transportation or sales service provided to 

the customer; 

‘‘(ii) providing to utilities incentives for the successful management of energy efficiency programs, such 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1667 

as allowing utilities to retain a portion of the costreducing 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. 

For purposes of applying the provisions of this subtitle 

to this paragraph, any reference in this subtitle to the 

date of enactment of this Act shall be treated as a reference 

to the date of enactment of this paragraph.’’. 

(c) CONFORMING AMENDMENT.—Section 303(a) of the Public 

Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(a)) is 

amended by striking ‘‘and (4)’’ inserting ‘‘(4), (5), and (6)’’. 

Subtitle E—Energy Efficiency and 

Conservation Block Grants 

SEC. 541. DEFINITIONS. 

In this subtitle: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a State; 

(B) an eligible unit of local government; and 

(C) an Indian tribe. 

(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—The term 

‘‘eligible unit of local government’’ means— 

(A) an eligible unit of local government-alternative 1; 

and 

(B) an eligible unit of local government-alternative 2. 

(3)(A) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE

1.—The term ‘‘eligible unit of local government-alternative 1’’ 

means— 

(i) a city with a population— 

(I) of at least 35,000; or 

(II) that causes the city to be 1 of the 10 highestpopulated cities of the State in which the city is located; 

and 

(ii) a county with a population— 

(I) of at least 200,000; or 

(II) that causes the county to be 1 of the 10 highestpopulated counties of the State in which the county 

is located. 

(B) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 2.— The term ‘‘eligible unit of local government-alternative 2’’ 

means— 

(i) a city with a population of at least 50,000; or 

(ii) a county with a population of at least 200,000. 

(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(5) PROGRAM.—The term ‘‘program’’ means the Energy Efficiency and Conservation Block Grant Program established 

under section 542(a). 

(6) STATE.—The term ‘‘State’’ means— 

(A) a State; 

42 USC 17151. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1668 PUBLIC LAW 110–140—DEC. 19, 2007 

(B) the District of Columbia; 

(C) the Commonwealth of Puerto Rico; and 

(D) any other territory or possession of the United 

States. 

SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a program, 

to be known as the ‘‘Energy Efficiency and Conservation Block 

Grant Program’’, under which the Secretary shall provide grants 

to eligible entities in accordance with this subtitle. 

(b) PURPOSE.—The purpose of the program shall be to assist 

eligible entities in implementing strategies— 

(1) to reduce fossil fuel emissions created as a result of 

activities within the jurisdictions of eligible entities in a manner 

that— 

(A) is environmentally sustainable; and 

(B) to the maximum extent practicable, maximizes 

benefits for local and regional communities; 

(2) to reduce the total energy use of the eligible entities; 

and 

(3) to improve energy efficiency in— 

(A) the transportation sector; 

(B) the building sector; and 

(C) other appropriate sectors. 

SEC. 543. ALLOCATION OF FUNDS. 

(a) IN GENERAL.—Of amounts made available to provide grants 

under this subtitle for each fiscal year, the Secretary shall allocate— 

(1) 68 percent to eligible units of local government in 

accordance with subsection (b); 

(2) 28 percent to States in accordance with subsection 

(c); 

(3) 2 percent to Indian tribes in accordance with subsection 

(d); and 

(4) 2 percent for competitive grants under section 546. 

(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—Of amounts available for distribution to eligible units of local government under 

subsection (a)(1), the Secretary shall provide grants to eligible units 

of local government under this section based on a formula established by the Secretary according to— 

(1) the populations served by the eligible units of local 

government, according to the latest available decennial census; 

and 

(2) the daytime populations of the eligible units of local 

government and other similar factors (such as square footage 

of commercial, office, and industrial space), as determined by 

the Secretary. 

(c) STATES.—Of amounts available for distribution to States 

under subsection (a)(2), the Secretary shall provide— 

(1) not less than 1.25 percent to each State; and 

(2) the remainder among the States, based on a formula 

to be established by the Secretary that takes into account— 

(A) the population of each State; and 

(B) any other criteria that the Secretary determines 

to be appropriate. 

(d) INDIAN TRIBES.—Of amounts available for distribution to 

Indian tribes under subsection (a)(3), the Secretary shall establish 

42 USC 17153. 

42 USC 17152. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1669 

a formula for allocation of the amounts to Indian tribes, taking 

into account any factors that the Secretary determines to be appropriate. 

(e) PUBLICATION OF ALLOCATION FORMULAS.—Not later than 

90 days before the beginning of each fiscal year for which grants 

are provided under this subtitle, the Secretary shall publish in 

the Federal Register the formulas for allocation established under 

this section. 

(f) STATE AND LOCAL ADVISORY COMMITTEE.—The Secretary 

shall establish a State and local advisory committee to advise 

the Secretary regarding administration, implementation, and 

evaluation of the program. 

SEC. 544. USE OF FUNDS. 

An eligible entity may use a grant received under this subtitle 

to carry out activities to achieve the purposes of the program, 

including— 

(1) development and implementation of an energy efficiency 

and conservation strategy under section 545(b); 

(2) retaining technical consultant services to assist the 

eligible entity in the development of such a strategy, 

including— 

(A) formulation of energy efficiency, energy conservation, and energy usage goals; 

(B) identification of strategies to achieve those goals— 

(i) through efforts to increase energy efficiency and 

reduce energy consumption; and 

(ii) by encouraging behavioral changes among the 

population served by the eligible entity; 

(C) development of methods to measure progress in 

achieving the goals; 

(D) development and publication of annual reports to 

the population served by the eligible entity describing— 

(i) the strategies and goals; and 

(ii) the progress made in achieving the strategies 

and goals during the preceding calendar year; and 

(E) other services to assist in the implementation of 

the energy efficiency and conservation strategy; 

(3) conducting residential and commercial building energy 

audits; 

(4) establishment of financial incentive programs for energy 

efficiency improvements; 

(5) the provision of grants to nonprofit organizations and 

governmental agencies for the purpose of performing energy 

efficiency retrofits; 

(6) development and implementation of energy efficiency 

and conservation programs for buildings and facilities within 

the jurisdiction of the eligible entity, including— 

(A) design and operation of the programs; 

(B) identifying the most effective methods for achieving 

maximum participation and efficiency rates; 

(C) public education; 

(D) measurement and verification protocols; and 

(E) identification of energy efficient technologies; 

(7) development and implementation of programs to conserve energy used in transportation, including— 

(A) use of flex time by employers; 

42 USC 17154. 

Establishment. 

Deadline. 

Federal Register, 

publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1670 PUBLIC LAW 110–140—DEC. 19, 2007 

(B) satellite work centers; 

(C) development and promotion of zoning guidelines 

or requirements that promote energy efficient development; 

(D) development of infrastructure, such as bike lanes 

and pathways and pedestrian walkways; 

(E) synchronization of traffic signals; and 

(F) other measures that increase energy efficiency and 

decrease energy consumption; 

(8) development and implementation of building codes and 

inspection services to promote building energy efficiency; 

(9) application and implementation of energy distribution 

technologies that significantly increase energy efficiency, 

including— 

(A) distributed resources; and 

(B) district heating and cooling systems; 

(10) activities to increase participation and efficiency rates 

for material conservation programs, including source reduction, 

recycling, and recycled content procurement programs that lead 

to increases in energy efficiency; 

(11) the purchase and implementation of technologies to 

reduce, capture, and, to the maximum extent practicable, use 

methane and other greenhouse gases generated by landfills 

or similar sources; 

(12) replacement of traffic signals and street lighting with 

energy efficient lighting technologies, including— 

(A) light emitting diodes; and 

(B) any other technology of equal or greater energy 

efficiency; 

(13) development, implementation, and installation on or 

in any government building of the eligible entity of onsite 

renewable energy technology that generates electricity from 

renewable resources, including— 

(A) solar energy; 

(B) wind energy; 

(C) fuel cells; and 

(D) biomass; and 

(14) any other appropriate activity, as determined by the 

Secretary, in consultation with— 

(A) the Administrator of the Environmental Protection 

Agency; 

(B) the Secretary of Transportation; and 

(C) the Secretary of Housing and Urban Development. 

SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES. 

(a) CONSTRUCTION REQUIREMENT.— 

(1) IN GENERAL.—To be eligible to receive a grant under 

the program, each eligible applicant shall submit to the Secretary a written assurance that all laborers and mechanics 

employed by any contractor or subcontractor of the eligible 

entity during any construction, alteration, or repair activity 

funded, in whole or in part, by the grant shall be paid wages 

at rates not less than the prevailing wages for similar construction activities in the locality, as determined by the Secretary 

of Labor, in accordance with sections 3141 through 3144, 3146, 

and 3147 of title 40, United States Code. 

42 USC 17155. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1671 

(2) SECRETARY OF LABOR.—With respect to the labor standards referred to in paragraph (1), the Secretary of Labor shall 

have the authority and functions described in— 

(A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 

903 note); and 

(B) section 3145 of title 40, United States Code. 

(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT AND INDIAN

TRIBES.— 

(1) PROPOSED STRATEGY.— (A) IN GENERAL.—Not later than 1 year after the date 

on which an eligible unit of local government or Indian 

tribe receives a grant under this subtitle, the eligible unit 

of local government or Indian tribe shall submit to the 

Secretary a proposed energy efficiency and conservation 

strategy in accordance with this paragraph. 

(B) INCLUSIONS.—The proposed strategy under 

subparagraph (A) shall include— 

(i) a description of the goals of the eligible unit 

of local government or Indian tribe, in accordance with 

the purposes of this subtitle, for increased energy efficiency and conservation in the jurisdiction of the 

eligible unit of local government or Indian tribe; and 

(ii) a plan for the use of the grant to assist the 

eligible unit of local government or Indian tribe in 

achieving those goals, in accordance with section 544. 

(C) REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL

GOVERNMENT.—In developing the strategy under subparagraph (A), an eligible unit of local government shall— 

(i) take into account any plans for the use of funds 

by adjacent eligible units of local governments that 

receive grants under the program; and 

(ii) coordinate and share information with the 

State in which the eligible unit of local government 

is located regarding activities carried out using the 

grant to maximize the energy efficiency and conservation benefits under this subtitle. 

(2) APPROVAL BY SECRETARY.— 

(A) IN GENERAL.—The Secretary shall approve or disapprove a proposed strategy under paragraph (1) by not 

later than 120 days after the date of submission of the 

proposed strategy. 

(B) DISAPPROVAL.—If the Secretary disapproves a proposed strategy under subparagraph (A)— 

(i) the Secretary shall provide to the eligible unit 

of local government or Indian tribe the reasons for 

the disapproval; and 

(ii) the eligible unit of local government or Indian 

tribe may revise and resubmit the proposed strategy 

as many times as necessary until the Secretary 

approves a proposed strategy. 

(C) REQUIREMENT.—The Secretary shall not provide 

to an eligible unit of local government or Indian tribe 

any grant under the program until a proposed strategy 

of the eligible unit of local government or Indian tribe 

is approved by the Secretary under this paragraph. 

(3) LIMITATIONS ON USE OF FUNDS.—Of amounts provided 

to an eligible unit of local government or Indian tribe under 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1672 PUBLIC LAW 110–140—DEC. 19, 2007 

the program, an eligible unit of local government or Indian 

tribe may use— 

(A) for administrative expenses, excluding the cost of 

meeting the reporting requirements of this subtitle, an 

amount equal to the greater of— 

(i) 10 percent; and 

(ii) $75,000; 

(B) for the establishment of revolving loan funds, an 

amount equal to the greater of— 

(i) 20 percent; and 

(ii) $250,000; and 

(C) for the provision of subgrants to nongovernmental 

organizations for the purpose of assisting in the 

implementation of the energy efficiency and conservation 

strategy of the eligible unit of local government or Indian 

tribe, an amount equal to the greater of— 

(i) 20 percent; and 

(ii) $250,000. 

(4) ANNUAL REPORT.—Not later than 2 years after the 

date on which funds are initially provided to an eligible unit 

of local government or Indian tribe under the program, and 

annually thereafter, the eligible unit of local government or 

Indian tribe shall submit to the Secretary a report describing— 

(A) the status of development and implementation of 

the energy efficiency and conservation strategy of the 

eligible unit of local government or Indian tribe; and 

(B) as practicable, an assessment of energy efficiency 

gains within the jurisdiction of the eligible unit of local 

government or Indian tribe. 

(c) STATES.— 

(1) DISTRIBUTION OF FUNDS.— 

(A) IN GENERAL.—A State that receives a grant under 

the program shall use not less than 60 percent of the 

amount received to provide subgrants to units of local 

government in the State that are not eligible units of 

local government. 

(B) DEADLINE.—The State shall provide the subgrants 

required under subparagraph (A) by not later than 180 

days after the date on which the Secretary approves a 

proposed energy efficiency and conservation strategy of 

the State under paragraph (3). 

(2) REVISION OF CONSERVATION PLAN; PROPOSED

STRATEGY.—Not later than 120 days after the date of enactment 

of this Act, each State shall— 

(A) modify the State energy conservation plan of the 

State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) to establish additional goals for 

increased energy efficiency and conservation in the State; 

and 

(B) submit to the Secretary a proposed energy efficiency 

and conservation strategy that— 

(i) establishes a process for providing subgrants 

as required under paragraph (1); and 

(ii) includes a plan of the State for the use of 

funds received under the program to assist the State 

in achieving the goals established under subparagraph 

(A), in accordance with sections 542(b) and 544. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1673 

(3) APPROVAL BY SECRETARY.— 

(A) IN GENERAL.—The Secretary shall approve or disapprove a proposed strategy under paragraph (2)(B) by 

not later than 120 days after the date of submission of 

the proposed strategy. 

(B) DISAPPROVAL.—If the Secretary disapproves a proposed strategy under subparagraph (A)— 

(i) the Secretary shall provide to the State the 

reasons for the disapproval; and 

(ii) the State may revise and resubmit the proposed 

strategy as many times as necessary until the Secretary approves a proposed strategy. 

(C) REQUIREMENT.—The Secretary shall not provide 

to a State any grant under the program until a proposed 

strategy of the State is approved by the Secretary under 

this paragraph. 

(4) LIMITATIONS ON USE OF FUNDS.—A State may use not 

more than 10 percent of amounts provided under the program 

for administrative expenses. 

(5) ANNUAL REPORTS.—Each State that receives a grant 

under the program shall submit to the Secretary an annual 

report that describes— 

(A) the status of development and implementation of 

the energy efficiency and conservation strategy of the State 

during the preceding calendar year; 

(B) the status of the subgrant program of the State 

under paragraph (1); 

(C) the energy efficiency gains achieved through the 

energy efficiency and conservation strategy of the State 

during the preceding calendar year; and 

(D) specific energy efficiency and conservation goals 

of the State for subsequent calendar years. 

SEC. 546. COMPETITIVE GRANTS. 

(a) IN GENERAL.—Of the total amount made available for each 

fiscal year to carry out this subtitle, the Secretary shall use not 

less than 2 percent to provide grants under this section, on a 

competitive basis, to— 

(1) units of local government (including Indian tribes) that 

are not eligible entities; and 

(2) consortia of units of local government described in paragraph (1). 

(b) APPLICATIONS.—To be eligible to receive a grant under this 

section, a unit of local government or consortia shall submit to 

the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may require, including 

a plan of the unit of local government to carry out an activity 

described in section 544. 

(c) PRIORITY.—In providing grants under this section, the Secretary shall give priority to units of local government— 

(1) located in States with populations of less than 2,000,000; 

or 

(2) that plan to carry out projects that would result in 

significant energy efficiency improvements or reductions in 

fossil fuel use. 

42 USC 17156. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1674 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 547. REVIEW AND EVALUATION. 

(a) IN GENERAL.—The Secretary may review and evaluate the 

performance of any eligible entity that receives a grant under 

the program, including by conducting an audit, as the Secretary 

determines to be appropriate. 

(b) WITHHOLDING OF FUNDS.—The Secretary may withhold from 

an eligible entity any portion of a grant to be provided to the 

eligible entity under the program if the Secretary determines that 

the eligible entity has failed to achieve compliance with— 

(1) any applicable guideline or regulation of the Secretary 

relating to the program, including the misuse or misappropriation of funds provided under the program; or 

(2) the energy efficiency and conservation strategy of the 

eligible entity. 

SEC. 548. FUNDING. 

(a) AUTHORIZATION OF APPROPRIATIONS.— (1) GRANTS.—There is authorized to be appropriated to 

the Secretary for the provision of grants under the program 

$2,000,000,000 for each of fiscal years 2008 through 2012; 

provided that 49 percent of the appropriated funds shall be 

distributed using the definition of eligible unit of local government-alternative 1 in section 541(3)(A) and 49 percent of the 

appropriated funds shall be distributed using the definition 

of eligible unit of local government-alternative 2 in section 

541(3)(B). 

(2) ADMINISTRATIVE COSTS.—There are authorized to be 

appropriated to the Secretary for administrative expenses of 

the program— (A) $20,000,000 for each of fiscal years 2008 and 2009; 

(B) $25,000,000 for each of fiscal years 2010 and 2011; 

and 

(C) $30,000,000 for fiscal year 2012. 

(b) MAINTENANCE OF FUNDING.—The funding provided under 

this section shall supplement (and not supplant) other Federal 

funding provided under— 

(1) a State energy conservation plan established under 

part D of title III of the Energy Policy and Conservation Act 

(42 U.S.C. 6321 et seq.); or 

(2) the Weatherization Assistance Program for Low-Income 

Persons established under part A of title IV of the Energy 

Conservation and Production Act (42 U.S.C. 6861 et seq.). 

TITLE VI—ACCELERATED RESEARCH 

AND DEVELOPMENT 

Subtitle A—Solar Energy 

SEC. 601. SHORT TITLE. 

This subtitle may be cited as the ‘‘Solar Energy Research and 

Advancement Act of 2007’’. 

SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a program 

of research and development to provide lower cost and more viable 

42 USC 17171. 

42 USC 17001 

note. 

Solar Energy 

Research and 

Advancement 

Act of 2007. 

42 USC 17158. 

42 USC 17157. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1675 

thermal energy storage technologies to enable the shifting of electric 

power loads on demand and extend the operating time of concentrating solar power electric generating plants. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$5,000,000 for fiscal year 2008, $7,000,000 for fiscal year 2009, 

$9,000,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, 

and $12,000,000 for fiscal year 2012. 

SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION 

STUDIES. 

(a) INTEGRATION.—The Secretary shall conduct a study on 

methods to integrate concentrating solar power and utility-scale 

photovoltaic systems into regional electricity transmission systems, 

and to identify new transmission or transmission upgrades needed 

to bring electricity from high concentrating solar power resource 

areas to growing electric power load centers throughout the United 

States. The study shall analyze and assess cost-effective approaches 

for management and large-scale integration of concentrating solar 

power and utility-scale photovoltaic systems into regional electric 

transmission grids to improve electric reliability, to efficiently manage load, and to reduce demand on the natural gas transmission 

system for electric power. The Secretary shall submit a report 

to Congress on the results of this study not later than 12 months 

after the date of enactment of this Act. 

(b) WATER CONSUMPTION.—Not later than 6 months after the 

date of the enactment of this Act, the Secretary of Energy shall 

transmit to Congress a report on the results of a study on methods 

to reduce the amount of water consumed by concentrating solar 

power systems. 

SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS. 

(a) ESTABLISHMENT.—The Secretary shall establish in the Office 

of Solar Energy Technologies a competitive grant program to create 

and strengthen solar industry workforce training and internship 

programs in installation, operation, and maintenance of solar energy 

products. The goal of this program is to ensure a supply of welltrained individuals to support the expansion of the solar energy 

industry. 

(b) AUTHORIZED ACTIVITIES.—Grant funds may be used to support the following activities: 

(1) Creation and development of a solar energy curriculum 

appropriate for the local educational, entrepreneurial, and 

environmental conditions, including curriculum for community 

colleges. 

(2) Support of certification programs for individual solar 

energy system installers, instructors, and training programs. 

(3) Internship programs that provide hands-on participation by students in commercial applications. 

(4) Activities required to obtain certification of training 

programs and facilities by an industry-accepted quality-control 

certification program. 

(5) Incorporation of solar-specific learning modules into 

traditional occupational training and internship programs for 

construction-related trades. 

(6) The purchase of equipment necessary to carry out activities under this section. 

42 USC 17172. 

Deadlines. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1676 PUBLIC LAW 110–140—DEC. 19, 2007 

(7) Support of programs that provide guidance and updates 

to solar energy curriculum instructors. 

(c) ADMINISTRATION OF GRANTS.—Grants may be awarded 

under this section for up to 3 years. The Secretary shall award 

grants to ensure sufficient geographic distribution of training programs nationally. Grants shall only be awarded for programs certified by an industry-accepted quality-control certification institution, or for new and growing programs with a credible path to 

certification. Due consideration shall be given to women, underrepresented minorities, and persons with disabilities. 

(d) REPORT.—The Secretary shall make public, on the website 

of the Department or upon request, information on the name and 

institution for all grants awarded under this section, including 

a brief description of the project as well as the grant award amount. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$10,000,000 for each of the fiscal years 2008 through 2012. 

SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE 

TECHNOLOGY. 

(a) ESTABLISHMENT.—The Secretary shall establish a program 

of research and development to provide assistance in the demonstration and commercial application of direct solar renewable energy 

sources to provide alternatives to traditional power generation for 

lighting and illumination, including light pipe technology, and to 

promote greater energy conservation and improved efficiency. All 

direct solar renewable energy devices supported under this program 

shall have the capability to provide measurable data on the amount 

of kilowatt-hours saved over the traditionally powered light sources 

they have replaced. 

(b) REPORTING.—The Secretary shall transmit to Congress an 

annual report assessing the measurable data derived from each 

project in the direct solar renewable energy sources program and 

the energy savings resulting from its use. 

(c) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘direct solar renewable energy’’ means energy 

from a device that converts sunlight into useable light within 

a building, tunnel, or other enclosed structure, replacing artificial light generated by a light fixture and doing so without 

the conversion of the sunlight into another form of energy; 

and 

(2) the term ‘‘light pipe’’ means a device designed to transport visible solar radiation from its collection point to the 

interior of a building while excluding interior heat gain in 

the nonheating season. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$3,500,000 for each of the fiscal years 2008 through 2012. 

SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish a research, 

development, and demonstration program to promote less costly 

and more reliable decentralized distributed solar-powered air conditioning for individuals and businesses. 

(b) AUTHORIZED ACTIVITIES.—Grants made available under this 

section may be used to support the following activities: 

42 USC 17174. 

42 USC 17173. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1677 

(1) Advancing solar thermal collectors, including concentrating solar thermal and electric systems, flat plate and evacuated tube collector performance. 

(2) Achieving technical and economic integration of solarpowered distributed air-conditioning systems with existing hot 

water and storage systems for residential applications. 

(3) Designing and demonstrating mass manufacturing capability to reduce costs of modular standardized solar-powered 

distributed air conditioning systems and components. 

(4) Improving the efficiency of solar-powered distributed 

air-conditioning to increase the effectiveness of solar-powered 

absorption chillers, solar-driven compressors and condensors, 

and cost-effective precooling approaches. 

(5) Researching and comparing performance of solar-powered distributed air conditioning systems in different regions 

of the country, including potential integration with other onsite 

systems, such as solar, biogas, geothermal heat pumps, and 

propane assist or combined propane fuel cells, with a goal 

to develop site-specific energy production and management systems that ease fuel and peak utility loading. 

(c) COST SHARING.—Section 988 of the Energy Policy Act of 

2005 (42 U.S.C. 16352) shall apply to a project carried out under 

this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for carrying out this section 

$2,500,000 for each of the fiscal years 2008 through 2012. 

SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a program of 

grants to States to demonstrate advanced photovoltaic technology. 

(b) REQUIREMENTS.— 

(1) ABILITY TO MEET REQUIREMENTS.—To receive funding 

under the program under this section, a State must submit 

a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection 

(f). 

(2) COMPLIANCE WITH REQUIREMENTS.—If a State has 

received funding under this section for the preceding year, 

the State must demonstrate, to the satisfaction of the Secretary, 

that it complied with the requirements of subsection (f) in 

carrying out the program during that preceding year, and that 

it will do so in the future, before it can receive further funding 

under this section. 

(c) COMPETITION.—The Secretary shall award grants on a 

competitive basis to the States with the proposals the Secretary 

considers most likely to encourage the widespread adoption of photovoltaic technologies. The Secretary shall take into consideration 

the geographic distribution of awards. 

(d) PROPOSALS.—Not later than 6 months after the date of 

enactment of this Act, and in each subsequent fiscal year for the 

life of the program, the Secretary shall solicit proposals from the 

States to participate in the program under this section. 

(e) COMPETITIVE CRITERIA.—In awarding funds in a competitive 

allocation under subsection (c), the Secretary shall consider— 

(1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; 

and 

Deadline. 

Grants. 

42 USC 17175. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1678 PUBLIC LAW 110–140—DEC. 19, 2007 

(2) the extent to which a proposal is likely to— 

(A) maximize the amount of photovoltaics demonstrated; 

(B) maximize the proportion of non-Federal cost share; 

and 

(C) limit State administrative costs. 

(f) STATE PROGRAM.—A program operated by a State with 

funding under this section shall provide competitive awards for 

the demonstration of advanced photovoltaic technologies. Each State 

program shall— 

(1) require a contribution of at least 60 percent per award 

from non-Federal sources, which may include any combination 

of State, local, and private funds, except that at least 10 percent 

of the funding must be supplied by the State; 

(2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors; 

(3) limit State administrative costs to no more than 10 

percent of the grant; 

(4) report annually to the Secretary on— 

(A) the amount of funds disbursed; 

(B) the amount of photovoltaics purchased; and 

(C) the results of the monitoring under paragraph (5); 

(5) provide for measurement and verification of the output 

of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, 

or at least 20 years; and 

(6) require that applicant buildings must have received 

an independent energy efficiency audit during the 6-month 

period preceding the filing of the application. 

(g) UNEXPENDED FUNDS.—If a State fails to expend any funds 

received under this section within 3 years of receipt, such remaining 

funds shall be returned to the Treasury. 

(h) REPORTS.—The Secretary shall report to Congress 5 years 

after funds are first distributed to the States under this section— 

(1) the amount of photovoltaics demonstrated; 

(2) the number of projects undertaken; 

(3) the administrative costs of the program; 

(4) the results of the monitoring under subsection (f)(5); 

and 

(5) the total amount of funds distributed, including a breakdown by State. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for the purposes of carrying 

out this section— 

(1) $15,000,000 for fiscal year 2008; 

(2) $30,000,000 for fiscal year 2009; 

(3) $45,000,000 for fiscal year 2010; 

(4) $60,000,000 for fiscal year 2011; and 

(5) $70,000,000 for fiscal year 2012. 

Subtitle B—Geothermal Energy 

SEC. 611. SHORT TITLE. 

This subtitle may be cited as the ‘‘Advanced Geothermal Energy 

Research and Development Act of 2007’’. 

42 USC 17001 

note. 

Advanced 

Geothermal 

Energy Research 

and Development 

Act of 2007. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1679 

SEC. 612. DEFINITIONS. 

For purposes of this subtitle: 

(1) ENGINEERED.—When referring to enhanced geothermal 

systems, the term ‘‘engineered’’ means subjected to intervention, 

including intervention to address one or more of the following 

issues: 

(A) Lack of effective permeability or porosity or open 

fracture connectivity within the reservoir. 

(B) Insufficient contained geofluid in the reservoir. 

(C) A low average geothermal gradient, which necessitates deeper drilling. 

(2) ENHANCED GEOTHERMAL SYSTEMS.—The term ‘‘enhanced 

geothermal systems’’ means geothermal reservoir systems that 

are engineered, as opposed to occurring naturally. 

(3) GEOFLUID.—The term ‘‘geofluid’’ means any fluid used 

to extract thermal energy from the Earth which is transported 

to the surface for direct use or electric power generation, except 

that such term shall not include oil or natural gas. 

(4) GEOPRESSURED RESOURCES.—The term ‘‘geopressured 

resources’’ mean geothermal deposits found in sedimentary 

rocks under higher than normal pressure and saturated with 

gas or methane. 

(5) GEOTHERMAL.—The term ‘‘geothermal’’ refers to heat 

energy stored in the Earth’s crust that can be accessed for 

direct use or electric power generation. 

(6) HYDROTHERMAL.—The term ‘‘hydrothermal’’ refers to 

naturally occurring subsurface reservoirs of hot water or steam. 

(7) SYSTEMS APPROACH.—The term ‘‘systems approach’’ 

means an approach to solving problems or designing systems 

that attempts to optimize the performance of the overall system, 

rather than a particular component of the system. 

SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Secretary shall support programs of 

research, development, demonstration, and commercial application 

to expand the use of geothermal energy production from hydrothermal systems, including the programs described in subsection 

(b). 

(b) PROGRAMS.— 

(1) ADVANCED HYDROTHERMAL RESOURCE TOOLS.—The Secretary, in consultation with other appropriate agencies, shall 

support a program to develop advanced geophysical, geochemical, and geologic tools to assist in locating hidden hydrothermal resources, and to increase the reliability of site 

characterization before, during, and after initial drilling. The 

program shall develop new prospecting techniques to assist 

in prioritization of targets for characterization. The program 

shall include a field component. 

(2) INDUSTRY COUPLED EXPLORATORY DRILLING.—The Secretary shall support a program of cost-shared field demonstration programs, to be pursued, simultaneously and independently, in collaboration with industry partners, for the demonstration of advanced technologies and techniques of siting 

and exploratory drilling for undiscovered resources in a variety 

of geologic settings. The program shall include incentives to 

encourage the use of advanced technologies and techniques. 

42 USC 17192. 

42 USC 17191. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1680 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT. 

(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The Secretary 

shall support a program of research, development, demonstration, 

and commercial application of components and systems capable 

of withstanding extreme geothermal environments and necessary 

to cost-effectively develop, produce, and monitor geothermal reservoirs and produce geothermal energy. These components and 

systems shall include advanced casing systems (expandable tubular 

casing, low-clearance casing designs, and others), high-temperature 

cements, high-temperature submersible pumps, and high-temperature packers, as well as technologies for under-reaming, multilateral 

completions, high-temperature and high-pressure logging, logging 

while drilling, deep fracture stimulation, and reservoir system 

diagnostics. 

(b) RESERVOIR PERFORMANCE MODELING.—The Secretary shall 

support a program of research, development, demonstration, and 

commercial application of models of geothermal reservoir performance, with an emphasis on accurately modeling performance over 

time. Models shall be developed to assist both in the development 

of geothermal reservoirs and to more accurately account for stressrelated effects in stimulated hydrothermal and enhanced geothermal systems production environments. 

(c) ENVIRONMENTAL IMPACTS.—The Secretary shall— 

(1) support a program of research, development, demonstration, and commercial application of technologies and practices 

designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production 

or use, and seek to ensure that geothermal energy development 

is consistent with the highest practicable standards of environmental stewardship; 

(2) in conjunction with the Assistant Administrator for 

Research and Development at the Environmental Protection 

Agency, support a research program to identify potential 

environmental impacts of geothermal energy development, 

production, and use, and ensure that the program described 

in paragraph (1) addresses such impacts, including effects on 

groundwater and local hydrology; and 

(3) support a program of research to compare the potential 

environmental impacts identified as part of the development, 

production, and use of geothermal energy with the potential 

emission reductions of greenhouse gases gained by geothermal 

energy development, production, and use. 

SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND 

DEVELOPMENT. 

(a) IN GENERAL.—The Secretary shall support a program of 

research, development, demonstration, and commercial application 

for enhanced geothermal systems, including the programs described 

in subsection (b). 

(b) PROGRAMS.— (1) ENHANCED GEOTHERMAL SYSTEMS TECHNOLOGIES.—The 

Secretary shall support a program of research, development, 

demonstration, and commercial application of the technologies 

and knowledge necessary for enhanced geothermal systems to 

advance to a state of commercial readiness, including advances 

in— 

42 USC 17194. 

42 USC 17193. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1681 

(A) reservoir stimulation; 

(B) reservoir characterization, monitoring, and modeling; 

(C) stress mapping; 

(D) tracer development; 

(E) three-dimensional tomography; and 

(F) understanding seismic effects of reservoir 

engineering and stimulation. 

(2) ENHANCED GEOTHERMAL SYSTEMS RESERVOIR STIMULATION.— 

(A) PROGRAM.—In collaboration with industry partners, 

the Secretary shall support a program of research, development, and demonstration of enhanced geothermal systems 

reservoir stimulation technologies and techniques. A minimum of 4 sites shall be selected in locations that show 

particular promise for enhanced geothermal systems 

development. Each site shall— 

(i) represent a different class of subsurface geologic 

environments; and 

(ii) take advantage of an existing site where subsurface characterization has been conducted or existing 

drill holes can be utilized, if possible. 

(B) CONSIDERATION OF EXISTING SITE.—The Desert 

Peak, Nevada, site, where a Department of Energy and 

industry cooperative enhanced geothermal systems project 

is already underway, may be considered for inclusion 

among the sites selected under subparagraph (A). 

SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS 

FIELDS AND RECOVERY AND PRODUCTION OF 

GEOPRESSURED GAS RESOURCES. 

(a) IN GENERAL.—The Secretary shall establish a program of 

research, development, demonstration, and commercial application 

to support development of geothermal energy production from oil 

and gas fields and production and recovery of energy, including 

electricity, from geopressured resources. In addition, the Secretary 

shall conduct such supporting activities including research, resource 

characterization, and technology development as necessary. 

(b) GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS

FIELDS.—The Secretary shall implement a grant program in support 

of geothermal energy production from oil and gas fields. The program shall include grants for a total of not less than three demonstration projects of the use of geothermal techniques such as 

advanced organic rankine cycle systems at marginal, unproductive, 

and productive oil and gas wells. The Secretary shall, to the extent 

practicable and in the public interest, make awards that— 

(1) include not less than five oil or gas well sites per 

project award; 

(2) use a range of oil or gas well hot water source temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit; 

(3) cover a range of sizes up to one megawatt; 

(4) are located at a range of sites; 

(5) can be replicated at a wide range of sites; 

(6) facilitate identification of optimum techniques among 

competing alternatives; 

Grants. 

42 USC 17195. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1682 PUBLIC LAW 110–140—DEC. 19, 2007 

(7) include business commercialization plans that have the 

potential for production of equipment at high volumes and 

operation and support at a large number of sites; and 

(8) satisfy other criteria that the Secretary determines 

are necessary to carry out the program and collect necessary 

data and information. 

The Secretary shall give preference to assessments that address 

multiple elements contained in paragraphs (1) through (8). 

(c) GRANT AWARDS.—Each grant award for demonstration of 

geothermal technology such as advanced organic rankine cycle systems at oil and gas wells made by the Secretary under subsection 

(b) shall include— 

(1) necessary and appropriate site engineering study; 

(2) detailed economic assessment of site specific conditions; 

(3) appropriate feasibility studies to determine whether 

the demonstration can be replicated; 

(4) design or adaptation of existing technology for site 

specific circumstances or conditions; 

(5) installation of equipment, service, and support; 

(6) operation for a minimum of 1 year and monitoring 

for the duration of the demonstration; and 

(7) validation of technical and economic assumptions and 

documentation of lessons learned. 

(d) GEOPRESSURED GAS RESOURCE RECOVERY AND PRODUCTION.—(1) The Secretary shall implement a program to support 

the research, development, demonstration, and commercial application of cost-effective techniques to produce energy from geopressured 

resources. 

(2) The Secretary shall solicit preliminary engineering designs 

for geopressured resources production and recovery facilities. 

(3) Based upon a review of the preliminary designs, the Secretary shall award grants, which may be cost-shared, to support 

the detailed development and completion of engineering, architectural and technical plans needed to support construction of new 

designs. 

(4) Based upon a review of the final design plans above, the 

Secretary shall award cost-shared development and construction 

grants for demonstration geopressured production facilities that 

show potential for economic recovery of the heat, kinetic energy 

and gas resources from geopressured resources. 

(e) COMPETITIVE GRANT SELECTION.—Not less than 90 days 

after the date of the enactment of this Act, the Secretary shall 

conduct a national solicitation for applications for grants under 

the programs outlined in subsections (b) and (d). Grant recipients 

shall be selected on a competitive basis based on criteria in the 

respective subsection. 

(f) WELL DRILLING.—No funds may be used under this section 

for the purpose of drilling new wells. 

SEC. 617. COST SHARING AND PROPOSAL EVALUATION. 

(a) FEDERAL SHARE.—The Federal share of costs of projects 

funded under this subtitle shall be in accordance with section 

988 of the Energy Policy Act of 2005. 

(b) ORGANIZATION AND ADMINISTRATION OF PROGRAMS.—Programs under this subtitle shall incorporate the following elements: 

(1) The Secretary shall coordinate with, and where appropriate may provide funds in furtherance of the purposes of 

42 USC 17196. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1683 

this subtitle to, other Department of Energy research and 

development programs focused on drilling, subsurface 

characterization, and other related technologies. 

(2) In evaluating proposals, the Secretary shall give priority 

to proposals that demonstrate clear evidence of employing a 

systems approach. 

(3) The Secretary shall coordinate and consult with the 

appropriate Federal land management agencies in selecting 

proposals for funding under this subtitle. 

(4) Nothing in this subtitle shall be construed to alter 

or affect any law relating to the management or protection 

of Federal lands. 

SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER. 

(a) IN GENERAL.—The Secretary shall award to an institution 

of higher education (or consortium thereof) a grant to establish 

a Center for Geothermal Technology Transfer (referred to in this 

section as the ‘‘Center’’). 

(b) DUTIES.—The Center shall— 

(1) serve as an information clearinghouse for the geothermal industry by collecting and disseminating information 

on best practices in all areas relating to developing and utilizing 

geothermal resources; 

(2) make data collected by the Center available to the 

public; and 

(3) seek opportunities to coordinate efforts and share 

information with domestic and international partners engaged 

in research and development of geothermal systems and related 

technology. 

(c) SELECTION CRITERIA.—In awarding the grant under subsection (a) the Secretary shall select an institution of higher education (or consortium thereof) best suited to provide national leadership on geothermal related issues and perform the duties enumerated under subsection (b). 

(d) DURATION OF GRANT.—A grant made under subsection (a)— 

(1) shall be for an initial period of 5 years; and 

(2) may be renewed for additional 5-year periods on the 

basis of— 

(A) satisfactory performance in meeting the duties outlined in subsection (b); and 

(B) any other requirements specified by the Secretary. 

SEC. 619. GEOPOWERING AMERICA. 

The Secretary shall expand the Department of Energy’s 

GeoPowering the West program to extend its geothermal technology 

transfer activities throughout the entire United States. The program 

shall be renamed ‘‘GeoPowering America’’. The program shall continue to be based in the Department of Energy office in Golden, 

Colorado. 

SEC. 620. EDUCATIONAL PILOT PROGRAM. 

The Secretary shall seek to award grant funding, on a competitive basis, to an institution of higher education for a geothermalpowered energy generation facility on the institution’s campus. The 

purpose of the facility shall be to provide electricity and space 

heating. The facility shall also serve as an educational resource 

to students in relevant fields of study, and the data generated 

42 USC 17199. 

42 USC 17198. 

Grants. 

42 USC 17197. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1684 PUBLIC LAW 110–140—DEC. 19, 2007 

by the facility shall be available to students and the general public. 

The total funding award shall not exceed $2,000,000. 

SEC. 621. REPORTS. 

(a) REPORTS ON ADVANCED USES OF GEOTHERMAL ENERGY.— Not later than 3 years and 5 years after the date of enactment 

of this Act, the Secretary shall report to the Committee on Science 

and Technology of the House of Representatives and the Committee 

on Energy and Natural Resources of the Senate on advanced concepts and technologies to maximize the geothermal resource potential of the United States. The reports shall include— 

(1) the use of carbon dioxide as an alternative geofluid 

with potential carbon sequestration benefits; 

(2) mineral recovery from geofluids; 

(3) use of geothermal energy to produce hydrogen; 

(4) use of geothermal energy to produce biofuels; 

(5) use of geothermal heat for oil recovery from oil shales 

and tar sands; and 

(6) other advanced geothermal technologies, including 

advanced drilling technologies and advanced power conversion 

technologies. 

(b) PROGRESS REPORTS.—(1) Not later than 36 months after 

the date of enactment of this Act, the Secretary shall submit to 

the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate an interim report describing the progress made under 

this subtitle. At the end of 60 months, the Secretary shall submit 

to Congress a report on the results of projects undertaken under 

this subtitle and other such information the Secretary considers 

appropriate. 

(2) As necessary, the Secretary shall report to the Congress 

on any legal, regulatory, or other barriers encountered that hinder 

economic development of these resources, and provide recommendations on legislative or other actions needed to address such impediments. 

SEC. 622. APPLICABILITY OF OTHER LAWS. 

Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under 

any environmental or other Federal or State law. To the extent 

that activities authorized in this subtitle take place in coastal 

and ocean areas, the Secretary shall consult with the Secretary 

of Commerce, acting through the Under Secretary of Commerce 

for Oceans and Atmosphere, regarding the potential marine environmental impacts and measures to address such impacts. 

SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to 

carry out this subtitle $90,000,000 for each of the fiscal years 

2008 through 2012, of which $10,000,000 for each fiscal year shall 

be for carrying out section 616. There are also authorized to be 

appropriated to the Secretary for the Intermountain West Geothermal Consortium $5,000,000 for each of the fiscal years 2008 

through 2012. 

SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT. 

(a) IN GENERAL.—The Secretary of Energy, in coordination 

with other appropriate Federal and multilateral agencies (including 

42 USC 17203. 

42 USC 17202. 

42 USC 17201. 

42 USC 17200. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1685 

the United States Agency for International Development) shall support international collaborative efforts to promote the research, 

development, and deployment of geothermal technologies used to 

develop hydrothermal and enhanced geothermal system resources, 

including as partners (as appropriate) the African Rift Geothermal 

Development Facility, Australia, China, France, the Republic of 

Iceland, India, Japan, and the United Kingdom. 

(b) UNITED STATES TRADE AND DEVELOPMENT AGENCY.—The 

Director of the United States Trade and Development Agency may— 

(1) encourage participation by United States firms in 

actions taken to carry out subsection (a); and 

(2) provide grants and other financial support for feasibility 

and resource assessment studies conducted in, or intended to 

benefit, less developed countries. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $5,000,000 for each 

of fiscal years 2008 through 2012. 

SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a utility; 

(B) an electric cooperative; 

(C) a State; 

(D) a political subdivision of a State; 

(E) an Indian tribe; or 

(F) a Native corporation. 

(2) HIGH-COST REGION.—The term ‘‘high-cost region’’ means 

a region in which the average cost of electrical power exceeds 

150 percent of the national average retail cost, as determined 

by the Secretary. 

(b) PROGRAM.—The Secretary shall use amounts made available 

to carry out this section to make grants to eligible entities for 

activities described in subsection (c). 

(c) ELIGIBLE ACTIVITIES.—An eligible entity may use grant 

funds under this section, with respect to a geothermal energy project 

in a high-cost region, only— 

(1) to conduct a feasibility study, including a study of 

exploration, geochemical testing, geomagnetic surveys, geologic 

information gathering, baseline environmental studies, well 

drilling, resource characterization, permitting, and economic 

analysis; 

(2) for design and engineering costs, relating to the project; 

and 

(3) to demonstrate and promote commercial application 

of technologies related to geothermal energy as part of the 

project. 

(d) COST SHARING.—The cost-sharing requirements of section 

988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall 

apply to any project carried out under this section. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

42 USC 17204. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1686 PUBLIC LAW 110–140—DEC. 19, 2007 

Subtitle C—Marine and Hydrokinetic 

Renewable Energy Technologies 

SEC. 631. SHORT TITLE. 

This subtitle may be cited as the ‘‘Marine and Hydrokinetic 

Renewable Energy Research and Development Act’’. 

SEC. 632. DEFINITION. 

For purposes of this subtitle, the term ‘‘marine and hydrokinetic 

renewable energy’’ means electrical energy from— 

(1) waves, tides, and currents in oceans, estuaries, and 

tidal areas; 

(2) free flowing water in rivers, lakes, and streams; 

(3) free flowing water in man-made channels; and 

(4) differentials in ocean temperature (ocean thermal 

energy conversion). 

The term ‘‘marine and hydrokinetic renewable energy’’ does not 

include energy from any source that uses a dam, diversionary 

structure, or impoundment for electric power purposes. 

SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY 

RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior and the Secretary of Commerce, acting through 

the Under Secretary of Commerce for Oceans and Atmosphere, 

shall establish a program of research, development, demonstration, 

and commercial application to expand marine and hydrokinetic 

renewable energy production, including programs to— 

(1) study and compare existing marine and hydrokinetic 

renewable energy technologies; 

(2) research, develop, and demonstrate marine and 

hydrokinetic renewable energy systems and technologies; 

(3) reduce the manufacturing and operation costs of marine 

and hydrokinetic renewable energy technologies; 

(4) investigate efficient and reliable integration with the 

utility grid and intermittency issues; 

(5) advance wave forecasting technologies; 

(6) conduct experimental and numerical modeling for 

optimization of marine energy conversion devices and arrays; 

(7) increase the reliability and survivability of marine and 

hydrokinetic renewable energy technologies, including development of corrosive-resistant materials; 

(8) identify, in conjunction with the Secretary of Commerce, 

acting through the Under Secretary of Commerce for Oceans 

and Atmosphere, and other Federal agencies as appropriate, 

the potential environmental impacts, including potential 

impacts on fisheries and other marine resources, of marine 

and hydrokinetic renewable energy technologies, measures to 

prevent adverse impacts, and technologies and other means 

available for monitoring and determining environmental 

impacts; 

(9) identify, in conjunction with the Secretary of the Department in which the United States Coast Guard is operating, 

acting through the Commandant of the United States Coast 

Guard, the potential navigational impacts of marine and 

42 USC 17212. 

42 USC 17211. 

42 USC 17001 

note. 

Marine and 

Hydrokinetic 

Renewable 

Energy Research 

and Development 

Act. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1687 

hydrokinetic renewable energy technologies and measures to 

prevent adverse impacts on navigation; 

(10) develop power measurement standards for marine and 

hydrokinetic renewable energy; 

(11) develop identification standards for marine and 

hydrokinetic renewable energy devices; 

(12) address standards development, demonstration, and 

technology transfer for advanced systems engineering and 

system integration methods to identify critical interfaces; 

(13) identifying opportunities for cross fertilization and 

development of economies of scale between other renewable 

sources and marine and hydrokinetic renewable energy sources; 

and 

(14) providing public information and opportunity for public 

comment concerning all technologies. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary, in conjunction with the Secretary 

of Commerce, acting through the Undersecretary of Commerce for 

Oceans and Atmosphere, and the Secretary of the Interior, shall 

provide to the Congress a report that addresses— 

(1) the potential environmental impacts, including impacts 

to fisheries and marine resources, of marine and hydrokinetic 

renewable energy technologies; 

(2) options to prevent adverse environmental impacts; 

(3) the potential role of monitoring and adaptive management in identifying and addressing any adverse environmental 

impacts; and 

(4) the necessary components of such an adaptive management program. 

SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, 

DEVELOPMENT, AND DEMONSTRATION CENTERS. 

(a) CENTERS.—The Secretary shall award grants to institutions 

of higher education (or consortia thereof) for the establishment 

of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, the Secretary shall consider sites that meet one of the following 

criteria: 

(1) Hosts an existing marine renewable energy research 

and development program in coordination with an engineering 

program at an institution of higher education. 

(2) Has proven expertise to support environmental and 

policy-related issues associated with harnessing of energy in 

the marine environment. 

(3) Has access to and utilizes the marine resources in 

the Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. 

The Secretary may give special consideration to historically black 

colleges and universities and land grant universities that also meet 

one of these criteria. In establishing criteria for the selection of 

the Centers, the Secretary shall consult with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans 

and Atmosphere, on the criteria related to ocean waves, tides, 

and currents including those for advancing wave forecasting technologies, ocean temperature differences, and studying the compatibility of marine renewable energy technologies and systems with 

the environment, fisheries, and other marine resources. 

Grants. 

42 USC 17213. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1688 PUBLIC LAW 110–140—DEC. 19, 2007 

(b) PURPOSES.—The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy, and shall serve as an information clearinghouse for 

the marine renewable energy industry, collecting and disseminating 

information on best practices in all areas related to developing 

and managing enhanced marine renewable energy systems 

resources. 

(c) DEMONSTRATION OF NEED.—When applying for a grant 

under this section, an applicant shall include a description of why 

Federal support is necessary for the Center, including evidence 

that the research of the Center will not be conducted in the absence 

of Federal support. 

SEC. 635. APPLICABILITY OF OTHER LAWS. 

Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under 

any environmental or other Federal or State law. 

SEC. 636. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to 

carry out this subtitle $50,000,000 for each of the fiscal years 

2008 through 2012, except that no funds shall be appropriated 

under this section for activities that are receiving funds under 

section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 

16231(a)(2)(E)(i)). 

Subtitle D—Energy Storage for 

Transportation and Electric Power 

SEC. 641. ENERGY STORAGE COMPETITIVENESS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘United 

States Energy Storage Competitiveness Act of 2007’’. 

(b) DEFINITIONS.—In this section: 

(1) COUNCIL.—The term ‘‘Council’’ means the Energy Storage Advisory Council established under subsection (e). 

(2) COMPRESSED AIR ENERGY STORAGE.—The term ‘‘compressed air energy storage’’ means, in the case of an electricity 

grid application, the storage of energy through the compression 

of air. 

(3) ELECTRIC DRIVE VEHICLE.—The term ‘‘electric drive 

vehicle’’ means— 

(A) a vehicle that uses an electric motor for all or 

part of the motive power of the vehicle, including battery 

electric, hybrid electric, plug-in hybrid electric, fuel cell, 

and plug-in fuel cell vehicles and rail transportation 

vehicles; or 

(B) mobile equipment that uses an electric motor to 

replace an internal combustion engine for all or part of 

the work of the equipment. 

(4) ISLANDING.—The term ‘‘islanding’’ means a distributed 

generator or energy storage device continuing to power a location in the absence of electric power from the primary source. 

(5) FLYWHEEL.—The term ‘‘flywheel’’ means, in the case 

of an electricity grid application, a device used to store rotational kinetic energy. 

42 USC 17231. 

United States 

Energy Storage 

Competitiveness 

Act of 2007. 

42 USC 17215. 

42 USC 17214. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1689 

(6) MICROGRID.—The term ‘‘microgrid’’ means an integrated 

energy system consisting of interconnected loads and distributed energy resources (including generators and energy storage 

devices), which as an integrated system can operate in parallel 

with the utility grid or in an intentional islanding mode. 

(7) SELF-HEALING GRID.—The term ‘‘self-healing grid’’ 

means a grid that is capable of automatically anticipating and 

responding to power system disturbances (including the isolation of failed sections and components), while optimizing the 

performance and service of the grid to customers. 

(8) SPINNING RESERVE SERVICES.—The term ‘‘spinning 

reserve services’’ means a quantity of electric generating 

capacity in excess of the quantity needed to meet peak electric 

demand. 

(9) ULTRACAPACITOR.—The term ‘‘ultracapacitor’’ means an 

energy storage device that has a power density comparable 

to a conventional capacitor but is capable of exceeding the 

energy density of a conventional capacitor by several orders 

of magnitude. 

(c) PROGRAM.—The Secretary shall carry out a research, 

development, and demonstration program to support the ability 

of the United States to remain globally competitive in energy storage systems for electric drive vehicles, stationary applications, and 

electricity transmission and distribution. 

(d) COORDINATION.—In carrying out the activities of this section, the Secretary shall coordinate relevant efforts with appropriate 

Federal agencies, including the Department of Transportation. 

(e) ENERGY STORAGE ADVISORY COUNCIL.— 

(1) ESTABLISHMENT.—Not later than 90 days after the date 

of enactment of this Act, the Secretary shall establish an Energy 

Storage Advisory Council. 

(2) COMPOSITION.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

Council shall consist of not less than 15 individuals 

appointed by the Secretary, based on recommendations 

of the National Academy of Sciences. 

(B) ENERGY STORAGE INDUSTRY.—The Council shall 

consist primarily of representatives of the energy storage 

industry of the United States. 

(C) CHAIRPERSON.—The Secretary shall select a Chairperson for the Council from among the members appointed 

under subparagraph (A). 

(3) MEETINGS.— 

(A) IN GENERAL.—The Council shall meet not less than 

once a year. 

(B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal 

Advisory Committee Act (5 U.S.C. App.) shall apply to 

a meeting of the Council. 

(4) PLANS.—No later than 1 year after the date of enactment of this Act and every 5 years thereafter, the Council, 

in conjunction with the Secretary, shall develop a 5-year plan 

for integrating basic and applied research so that the United 

States retains a globally competitive domestic energy storage 

industry for electric drive vehicles, stationary applications, and 

electricity transmission and distribution. 

(5) REVIEW.—The Council shall— 

Deadlines. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1690 PUBLIC LAW 110–140—DEC. 19, 2007 

(A) assess, every 2 years, the performance of the 

Department in meeting the goals of the plans developed 

under paragraph (4); and 

(B) make specific recommendations to the Secretary 

on programs or activities that should be established or 

terminated to meet those goals. 

(f) BASIC RESEARCH PROGRAM.— 

(1) BASIC RESEARCH.—The Secretary shall conduct a basic 

research program on energy storage systems to support electric 

drive vehicles, stationary applications, and electricity transmission and distribution, including— 

(A) materials design; 

(B) materials synthesis and characterization; 

(C) electrode-active materials, including electrolytes 

and bioelectrolytes; 

(D) surface and interface dynamics; 

(E) modeling and simulation; and 

(F) thermal behavior and life degradation mechanisms. 

(2) NANOSCIENCE CENTERS.—The Secretary, in cooperation 

with the Council, shall coordinate the activities of the 

nanoscience centers of the Department to help the energy storage research centers of the Department maintain a globally 

competitive posture in energy storage systems for electric drive 

vehicles, stationary applications, and electricity transmission 

and distribution. 

(3) FUNDING.—For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall award funds to, and coordinate activities with, a range of stakeholders including the public, private, 

and academic sectors. 

(g) APPLIED RESEARCH PROGRAM.— 

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

research program on energy storage systems to support electric 

drive vehicles, stationary applications, and electricity transmission and distribution technologies, including— 

(A) ultracapacitors; 

(B) flywheels; 

(C) batteries and battery systems (including flow batteries); 

(D) compressed air energy systems; 

(E) power conditioning electronics; 

(F) manufacturing technologies for energy storage systems; 

(G) thermal management systems; and 

(H) hydrogen as an energy storage medium. 

(2) FUNDING.—For activities carried out under this subsection, in addition to funding activities at National Laboratories, the Secretary shall provide funds to, and coordinate 

activities with, a range of stakeholders, including the public, 

private, and academic sectors. 

(h) ENERGY STORAGE RESEARCH CENTERS.— 

(1) IN GENERAL.—The Secretary shall establish, through 

competitive bids, not more than 4 energy storage research 

centers to translate basic research into applied technologies 

to advance the capability of the United States to maintain 

a globally competitive posture in energy storage systems for 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1691 

electric drive vehicles, stationary applications, and electricity 

transmission and distribution. 

(2) PROGRAM MANAGEMENT.—The centers shall be managed 

by the Under Secretary for Science of the Department. 

(3) PARTICIPATION AGREEMENTS.—As a condition of participating in a center, a participant shall enter into a participation 

agreement with the center that requires that activities conducted by the participant for the center promote the goal of 

enabling the United States to compete successfully in global 

energy storage markets. 

(4) PLANS.—A center shall conduct activities that promote 

the achievement of the goals of the plans of the Council under 

subsection (e)(4). 

(5) NATIONAL LABORATORIES.—A national laboratory (as 

defined in section 2 of the Energy Policy Act of 2005 (42 

U.S.C. 15801)) may participate in a center established under 

this subsection, including a cooperative research and development agreement (as defined in section 12(d) of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 

3710a(d))). 

(6) DISCLOSURE.—Section 623 of the Energy Policy Act 

of 1992 (42 U.S.C. 13293) may apply to any project carried 

out through a grant, contract, or cooperative agreement under 

this subsection. 

(7) INTELLECTUAL PROPERTY.—In accordance with section 

202(a)(ii) of title 35, United States Code, section 152 of the 

Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 

of the Federal Nonnuclear Energy Research and Development 

Act of 1974 (42 U.S.C. 5908), the Secretary may require, for 

any new invention developed under this subsection, that— 

(A) if an industrial participant is active in a energy 

storage research center established under this subsection 

relating to the advancement of energy storage technologies 

carried out, in whole or in part, with Federal funding, 

the industrial participant be granted the first option to 

negotiate with the invention owner, at least in the field 

of energy storage technologies, nonexclusive licenses, and 

royalties on terms that are reasonable, as determined by 

the Secretary; 

(B) if 1 or more industry participants are active in 

a center, during a 2-year period beginning on the date 

on which an invention is made— 

(i) the patent holder shall not negotiate any license 

or royalty agreement with any entity that is not an 

industrial participant under this subsection; and 

(ii) the patent holder shall negotiate nonexclusive 

licenses and royalties in good faith with any interested 

industrial participant under this subsection; and 

(C) the new invention be developed under such other 

terms as the Secretary determines to be necessary to promote the accelerated commercialization of inventions made 

under this subsection to advance the capability of the 

United States to successfully compete in global energy storage markets. 

(i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.— (1) IN GENERAL.—The Secretary shall carry out a program 

of new demonstrations of advanced energy storage systems. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1692 PUBLIC LAW 110–140—DEC. 19, 2007 

(2) SCOPE.—The demonstrations shall— 

(A) be regionally diversified; and 

(B) expand on the existing technology demonstration 

program of the Department. 

(3) STAKEHOLDERS.—In carrying out the demonstrations, 

the Secretary shall, to the maximum extent practicable, include 

the participation of a range of stakeholders, including— 

(A) rural electric cooperatives; 

(B) investor owned utilities; 

(C) municipally owned electric utilities; 

(D) energy storage systems manufacturers; 

(E) electric drive vehicle manufacturers; 

(F) the renewable energy production industry; 

(G) State or local energy offices; 

(H) the fuel cell industry; and 

(I) institutions of higher education. 

(4) OBJECTIVES.—Each of the demonstrations shall include 

1 or more of the following: 

(A) Energy storage to improve the feasibility of 

microgrids or islanding, or transmission and distribution 

capability, to improve reliability in rural areas. 

(B) Integration of an energy storage system with a 

self-healing grid. 

(C) Use of energy storage to improve security to emergency response infrastructure and ensure availability of 

emergency backup power for consumers. 

(D) Integration with a renewable energy production 

source, at the source or away from the source. 

(E) Use of energy storage to provide ancillary services, 

such as spinning reserve services, for grid management. 

(F) Advancement of power conversion systems to make 

the systems smarter, more efficient, able to communicate 

with other inverters, and able to control voltage. 

(G) Use of energy storage to optimize transmission 

and distribution operation and power quality, which could 

address overloaded lines and maintenance of transformers 

and substations. 

(H) Use of advanced energy storage for peak load 

management of homes, businesses, and the grid. 

(I) Use of energy storage devices to store energy during 

nonpeak generation periods to make better use of existing 

grid assets. 

(j) VEHICLE ENERGY STORAGE DEMONSTRATION.— 

(1) IN GENERAL.—The Secretary shall carry out a program 

of electric drive vehicle energy storage technology demonstrations. 

(2) CONSORTIA.—The technology demonstrations shall be 

conducted through consortia, which may include— 

(A) energy storage systems manufacturers and suppliers of the manufacturers; 

(B) electric drive vehicle manufacturers; 

(C) rural electric cooperatives; 

(D) investor owned utilities; 

(E) municipal and rural electric utilities; 

(F) State and local governments; 

(G) metropolitan transportation authorities; and 

(H) institutions of higher education. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1693 

(3) OBJECTIVES.—The program shall demonstrate 1 or more 

of the following: 

(A) Novel, high capacity, high efficiency energy storage, 

charging, and control systems, along with the collection 

of data on performance characteristics, such as battery 

life, energy storage capacity, and power delivery capacity. 

(B) Advanced onboard energy management systems 

and highly efficient battery cooling systems. 

(C) Integration of those systems on a prototype vehicular platform, including with drivetrain systems for passenger, commercial, and nonroad electric drive vehicles. 

(D) New technologies and processes that reduce manufacturing costs. 

(E) Integration of advanced vehicle technologies with 

electricity distribution system and smart metering technology. 

(F) Control systems that minimize emissions profiles 

in cases in which clean diesel engines are part of a plugin hybrid drive system. 

(k) SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE

VEHICLE BATTERIES.—The Secretary shall carry out a program of 

research, development, and demonstration of— 

(1) secondary applications of energy storage devices following service in electric drive vehicles; and 

(2) technologies and processes for final recycling and disposal of the devices. 

(l) COST SHARING.—The Secretary shall carry out the programs 

established under this section in accordance with section 988 of 

the Energy Policy Act of 2005 (42 U.S.C. 16352). 

(m) MERIT REVIEW OF PROPOSALS.—The Secretary shall carry 

out the programs established under subsections (i), (j), and (k) 

in accordance with section 989 of the Energy Policy Act of 2005 

(42 U.S.C. 16353). 

(n) COORDINATION AND NONDUPLICATION.—To the maximum 

extent practicable, the Secretary shall coordinate activities under 

this section with other programs and laboratories of the Department 

and other Federal research programs. 

(o) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—On the business day that is 5 years after the date of enactment of this Act, 

the Secretary shall offer to enter into an arrangement with the 

National Academy of Sciences to assess the performance of the 

Department in carrying out this section. 

(p) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out— 

(1) the basic research program under subsection (f) 

$50,000,000 for each of fiscal years 2009 through 2018; 

(2) the applied research program under subsection (g) 

$80,000,000 for each of fiscal years 2009 through 2018; and; 

(3) the energy storage research center program under subsection (h) $100,000,000 for each of fiscal years 2009 through 

2018; 

(4) the energy storage systems demonstration program 

under subsection (i) $30,000,000 for each of fiscal years 2009 

through 2018; 

(5) the vehicle energy storage demonstration program 

under subsection (j) $30,000,000 for each of fiscal years 2009 

through 2018; and 

Deadline. 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1694 PUBLIC LAW 110–140—DEC. 19, 2007 

(6) the secondary applications and disposal of electric drive 

vehicle batteries program under subsection (k) $5,000,000 for 

each of fiscal years 2009 through 2018. 

Subtitle E—Miscellaneous Provisions 

SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of Energy shall establish a program 

to determine ways in which the weight of motor vehicles could 

be reduced to improve fuel efficiency without compromising passenger safety by conducting research, development, and demonstration relating to— 

(1) the development of new materials (including cast metal 

composite materials formed by autocombustion synthesis) and 

material processes that yield a higher strength-to-weight ratio 

or other properties that reduce vehicle weight; and 

(2) reducing the cost of— 

(A) lightweight materials (including high-strength steel 

alloys, aluminum, magnesium, metal composites, and 

carbon fiber reinforced polymer composites) with the properties required for construction of lighter-weight vehicles; 

and 

(B) materials processing, automated manufacturing, 

joining, and recycling lightweight materials for high-volume 

applications. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $80,000,000 for the 

period of fiscal years 2008 through 2012. 

SEC. 652. COMMERCIAL INSULATION DEMONSTRATION PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ADVANCED INSULATION.—The term ‘‘advanced insulation’’ means insulation that has an R value of not less than 

R35 per inch. 

(2) COVERED REFRIGERATION UNIT.—The term ‘‘covered 

refrigeration unit’’ means any— 

(A) commercial refrigerated truck; 

(B) commercial refrigerated trailer; or 

(C) commercial refrigerator, freezer, or refrigeratorfreezer described in section 342(c) of the Energy Policy 

and Conservation Act (42 U.S.C. 6313(c)). 

(b) REPORT.—Not later than 90 days after the date of enactment 

of this Act, the Secretary shall submit to Congress a report that 

includes an evaluation of— 

(1) the state of technological advancement of advanced 

insulation; and 

(2) the projected amount of cost savings that would be 

generated by implementing advanced insulation into covered 

refrigeration units. 

(c) DEMONSTRATION PROGRAM.— 

(1) ESTABLISHMENT.—If the Secretary determines in the 

report described in subsection (b) that the implementation of 

advanced insulation into covered refrigeration units would generate an economically justifiable amount of cost savings, the 

42 USC 17242. 

42 USC 17241. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1695 

Secretary, in cooperation with manufacturers of covered refrigeration units, shall establish a demonstration program under 

which the Secretary shall demonstrate the cost-effectiveness 

of advanced insulation. 

(2) DISCLOSURE.—The Secretary may, for a period of up 

to 5 years after an award is granted under the demonstration 

program, exempt from mandatory disclosure under section 552 

of title 5, United States Code (popularly known as the Freedom 

of Information Act) information that the Secretary determines 

would be a privileged or confidential trade secret or commercial 

or financial information under subsection (b)(4) of such section 

if the information had been obtained from a non-Government 

party. 

(3) COST-SHARING.—Section 988 of the Energy Policy Act 

of 2005 (42 U.S.C. 16352) shall apply to any project carried 

out under this subsection. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $8,000,000 for the 

period of fiscal years 2009 through 2014. 

SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE. 

Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 

U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and 

inserting the following: 

‘‘(I)(aa) to remove at least 99 percent of sulfur 

dioxide; or 

‘‘(bb) to emit not more than 0.04 pound SO2

per million Btu, based on a 30-day average;’’. 

SEC. 654. H-PRIZE. 

Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) 

is amended by adding at the end the following new subsection: 

‘‘(f) H-PRIZE.— ‘‘(1) PRIZE AUTHORITY.— ‘‘(A) IN GENERAL.—As part of the program under this 

section, the Secretary shall carry out a program to competitively award cash prizes in conformity with this subsection 

to advance the research, development, demonstration, and 

commercial application of hydrogen energy technologies. 

‘‘(B) ADVERTISING AND SOLICITATION OF COMPETITORS.— ‘‘(i) ADVERTISING.—The Secretary shall widely 

advertise prize competitions under this subsection to 

encourage broad participation, including by individuals, universities (including historically Black colleges 

and universities and other minority serving institutions), and large and small businesses (including 

businesses owned or controlled by socially and economically disadvantaged persons). 

‘‘(ii) ANNOUNCEMENT THROUGH FEDERAL REGISTER

NOTICE.—The Secretary shall announce each prize competition under this subsection by publishing a notice 

in the Federal Register. This notice shall include essential elements of the competition such as the subject 

of the competition, the duration of the competition, 

the eligibility requirements for participation in the 

competition, the process for participants to register 

for the competition, the amount of the prize, and the 

criteria for awarding the prize. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1696 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(C) ADMINISTERING THE COMPETITIONS.—The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under 

this subsection, subject to the provisions of this subsection 

(in this subsection referred to as the ‘administering entity’). 

The duties of the administering entity under the agreement 

shall include— 

‘‘(i) advertising prize competitions under this subsection and their results; 

‘‘(ii) raising funds from private entities and individuals to pay for administrative costs and to contribute 

to cash prizes, including funds provided in exchange 

for the right to name a prize awarded under this 

subsection; 

‘‘(iii) developing, in consultation with and subject 

to the final approval of the Secretary, the criteria 

for selecting winners in prize competitions under this 

subsection, based on goals provided by the Secretary; 

‘‘(iv) determining, in consultation with the Secretary, the appropriate amount and funding sources 

for each prize to be awarded under this subsection, 

subject to the final approval of the Secretary with 

respect to Federal funding; 

‘‘(v) providing advice and consultation to the Secretary on the selection of judges in accordance with 

paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and 

‘‘(vi) protecting against the administering entity’s 

unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade 

secrets or confidential business information that is submitted by a participant as part of a competitive program under this subsection may be withheld from 

public disclosure. 

‘‘(D) FUNDING SOURCES.—Prizes under this subsection 

shall consist of Federal appropriated funds and any funds 

provided by the administering entity (including funds 

raised pursuant to subparagraph (C)(ii)) for such cash prize 

programs. The Secretary may accept funds from other Federal agencies for such cash prizes and, notwithstanding 

section 3302(b) of title 31, United States Code, may use 

such funds for the cash prize program under this subsection. Other than publication of the names of prize sponsors, the Secretary may not give any special consideration 

to any private sector entity or individual in return for 

a donation to the Secretary or administering entity. 

‘‘(E) ANNOUNCEMENT OF PRIZES.—The Secretary may 

not issue a notice required by subparagraph (B)(ii) until 

all the funds needed to pay out the announced amount 

of the prize have been appropriated or committed in writing 

by the administering entity. The Secretary may increase 

the amount of a prize after an initial announcement is 

made under subparagraph (B)(ii) if— 

‘‘(i) notice of the increase is provided in the same 

manner as the initial notice of the prize; and 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1697 

‘‘(ii) the funds needed to pay out the announced 

amount of the increase have been appropriated or committed in writing by the administering entity. 

‘‘(F) SUNSET.—The authority to announce prize competitions under this subsection shall terminate on September 30, 2018. 

‘‘(2) PRIZE CATEGORIES.— 

‘‘(A) CATEGORIES.—The Secretary shall establish prizes 

under this subsection for— 

‘‘(i) advancements in technologies, components, or 

systems related to— 

‘‘(I) hydrogen production; 

‘‘(II) hydrogen storage; 

‘‘(III) hydrogen distribution; and 

‘‘(IV) hydrogen utilization; 

‘‘(ii) prototypes of hydrogen-powered vehicles or 

other hydrogen-based products that best meet or exceed 

objective performance criteria, such as completion of 

a race over a certain distance or terrain or generation 

of energy at certain levels of efficiency; and 

‘‘(iii) transformational changes in technologies for 

the distribution or production of hydrogen that meet 

or exceed far-reaching objective criteria, which shall 

include minimal carbon emissions and which may 

include cost criteria designed to facilitate the eventual 

market success of a winning technology. 

‘‘(B) AWARDS.— 

‘‘(i) ADVANCEMENTS.—To the extent permitted 

under paragraph (1)(E), the prizes authorized under 

subparagraph (A)(i) shall be awarded biennially to the 

most significant advance made in each of the four 

subcategories described in subclauses (I) through (IV) 

of subparagraph (A)(i) since the submission deadline 

of the previous prize competition in the same category 

under subparagraph (A)(i) or the date of enactment 

of this subsection, whichever is later, unless no such 

advance is significant enough to merit an award. No 

one such prize may exceed $1,000,000. If less than 

$4,000,000 is available for a prize competition under 

subparagraph (A)(i), the Secretary may omit one or 

more subcategories, reduce the amount of the prizes, 

or not hold a prize competition. 

‘‘(ii) PROTOTYPES.—To the extent permitted under 

paragraph (1)(E), prizes authorized under subparagraph (A)(ii) shall be awarded biennially in alternate 

years from the prizes authorized under subparagraph 

(A)(i). The Secretary is authorized to award up to one 

prize in this category in each 2-year period. No such 

prize may exceed $4,000,000. If no registered participants meet the objective performance criteria established pursuant to subparagraph (C) for a competition 

under this clause, the Secretary shall not award a 

prize. 

‘‘(iii) TRANSFORMATIONAL TECHNOLOGIES.—To the 

extent permitted under paragraph (1)(E), the Secretary 

shall announce one prize competition authorized under 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1698 PUBLIC LAW 110–140—DEC. 19, 2007 

subparagraph (A)(iii) as soon after the date of enactment of this subsection as is practicable. A prize offered 

under this clause shall be not less than $10,000,000, 

paid to the winner in a lump sum, and an additional 

amount paid to the winner as a match for each dollar 

of private funding raised by the winner for the 

hydrogen technology beginning on the date the winner 

was named. The match shall be provided for 3 years 

after the date the prize winner is named or until 

the full amount of the prize has been paid out, whichever occurs first. A prize winner may elect to have 

the match amount paid to another entity that is continuing the development of the winning technology. 

The Secretary shall announce the rules for receiving 

the match in the notice required by paragraph 

(1)(B)(ii). The Secretary shall award a prize under 

this clause only when a registered participant has met 

the objective criteria established for the prize pursuant 

to subparagraph (C) and announced pursuant to paragraph (1)(B)(ii). Not more than $10,000,000 in Federal 

funds may be used for the prize award under this 

clause. The administering entity shall seek to raise 

$40,000,000 toward the matching award under this 

clause. 

‘‘(C) CRITERIA.—In establishing the criteria required 

by this subsection, the Secretary— 

‘‘(i) shall consult with the Department’s Hydrogen 

Technical and Fuel Cell Advisory Committee; 

‘‘(ii) shall consult with other Federal agencies, 

including the National Science Foundation; and 

‘‘(iii) may consult with other experts such as private organizations, including professional societies, 

industry associations, and the National Academy of 

Sciences and the National Academy of Engineering. 

‘‘(D) JUDGES.—For each prize competition under this 

subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges 

to select the winner or winners on the basis of the criteria 

established under subparagraph (C). Judges for each prize 

competition shall include individuals from outside the 

Department, including from the private sector. A judge, 

spouse, minor children, and members of the judge’s household may not— 

‘‘(i) have personal or financial interests in, or be 

an employee, officer, director, or agent of, any entity 

that is a registered participant in the prize competition 

for which he or she will serve as a judge; or 

‘‘(ii) have a familial or financial relationship with 

an individual who is a registered participant in the 

prize competition for which he or she will serve as 

a judge. 

‘‘(3) ELIGIBILITY.—To be eligible to win a prize under this 

subsection, an individual or entity— 

‘‘(A) shall have complied with all the requirements 

in accordance with the Federal Register notice required 

under paragraph (1)(B)(ii); 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1699 

‘‘(B) in the case of a private entity, shall be incorporated in and maintain a primary place of business in 

the United States, and in the case of an individual, whether 

participating singly or in a group, shall be a citizen of, 

or an alien lawfully admitted for permanent residence in, 

the United States; and 

‘‘(C) shall not be a Federal entity, a Federal employee 

acting within the scope of his employment, or an employee 

of a national laboratory acting within the scope of his 

employment. 

‘‘(4) INTELLECTUAL PROPERTY.—The Federal Government 

shall not, by virtue of offering or awarding a prize under 

this subsection, be entitled to any intellectual property rights 

derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized 

by this subsection. This paragraph shall not be construed to 

prevent the Federal Government from negotiating a license 

for the use of intellectual property developed for a prize competition under this subsection. 

‘‘(5) LIABILITY.— 

‘‘(A) WAIVER OF LIABILITY.—The Secretary may require 

registered participants to waive claims against the Federal 

Government and the administering entity (except claims 

for willful misconduct) for any injury, death, damage, or 

loss of property, revenue, or profits arising from the registered participants’ participation in a competition under 

this subsection. The Secretary shall give notice of any 

waiver required under this subparagraph in the notice 

required by paragraph (1)(B)(ii). The Secretary may not 

require a registered participant to waive claims against 

the administering entity arising out of the unauthorized 

use or disclosure by the administering entity of the registered participant’s trade secrets or confidential business 

information. 

‘‘(B) LIABILITY INSURANCE.— ‘‘(i) REQUIREMENTS.—Registered participants in a 

prize competition under this subsection shall be 

required to obtain liability insurance or demonstrate 

financial responsibility, in amounts determined by the 

Secretary, for claims by— 

‘‘(I) a third party for death, bodily injury, or 

property damage or loss resulting from an activity 

carried out in connection with participation in a 

competition under this subsection; and 

‘‘(II) the Federal Government for damage or 

loss to Government property resulting from such 

an activity. 

‘‘(ii) FEDERAL GOVERNMENT INSURED.—The Federal 

Government shall be named as an additional insured 

under a registered participant’s insurance policy 

required under clause (i)(I), and registered participants 

shall be required to agree to indemnify the Federal 

Government against third party claims for damages 

arising from or related to competition activities under 

this subsection. 

‘‘(6) REPORT TO CONGRESS.—Not later than 60 days after 

the awarding of the first prize under this subsection, and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1700 PUBLIC LAW 110–140—DEC. 19, 2007 

annually thereafter, the Secretary shall transmit to the Congress a report that— 

‘‘(A) identifies each award recipient; 

‘‘(B) describes the technologies developed by each 

award recipient; and 

‘‘(C) specifies actions being taken toward commercial 

application of all technologies with respect to which a prize 

has been awarded under this subsection. 

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(A) IN GENERAL.— 

‘‘(i) AWARDS.—There are authorized to be appropriated to the Secretary for the period encompassing 

fiscal years 2008 through 2017 for carrying out this 

subsection— 

‘‘(I) $20,000,000 for awards described in paragraph (2)(A)(i); 

‘‘(II) $20,000,000 for awards described in paragraph (2)(A)(ii); and 

‘‘(III) $10,000,000 for the award described in 

paragraph (2)(A)(iii). 

‘‘(ii) ADMINISTRATION.—In addition to the amounts 

authorized in clause (i), there are authorized to be 

appropriated to the Secretary for each of fiscal years 

2008 and 2009 $2,000,000 for the administrative costs 

of carrying out this subsection. 

‘‘(B) CARRYOVER OF FUNDS.—Funds appropriated for 

prize awards under this subsection shall remain available 

until expended, and may be transferred, reprogrammed, 

or expended for other purposes only after the expiration 

of 10 fiscal years after the fiscal year for which the funds 

were originally appropriated. No provision in this subsection permits obligation or payment of funds in violation 

of section 1341 of title 31 of the United States Code (commonly referred to as the Anti-Deficiency Act). 

‘‘(8) NONSUBSTITUTION.—The programs created under this 

subsection shall not be considered a substitute for Federal 

research and development programs.’’. 

SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of 

enactment of this Act, as part of the program carried out under 

section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396), 

the Secretary shall establish and award Bright Tomorrow Lighting 

Prizes for solid state lighting in accordance with this section. 

(b) PRIZE SPECIFICATIONS.— 

(1) 60-WATT INCANDESCENT REPLACEMENT LAMP PRIZE.— 

The Secretary shall award a 60-Watt Incandescent Replacement 

Lamp Prize to an entrant that produces a solid-state-light 

package simultaneously capable of— 

(A) producing a luminous flux greater than 900 lumens; 

(B) consuming less than or equal to 10 watts; 

(C) having an efficiency greater than 90 lumens per 

watt; 

(D) having a color rendering index greater than 90; 

(E) having a correlated color temperature of not less 

than 2,750, and not more than 3,000, degrees Kelvin; 

Deadline. 

42 USC 17243. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1701 

(F) having 70 percent of the lumen value under 

subparagraph (A) exceeding 25,000 hours under typical 

conditions expected in residential use; 

(G) having a light distribution pattern similar to a 

soft 60-watt incandescent A19 bulb; 

(H) having a size and shape that fits within the maximum dimensions of an A19 bulb in accordance with American National Standards Institute standard C78.20–2003, 

figure C78.20–211; 

(I) using a single contact medium screw socket; and 

(J) mass production for a competitive sales commercial 

market satisfied by producing commercially accepted 

quality control lots of such units equal to or exceeding 

the criteria described in subparagraphs (A) through (I). 

(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP PRIZE.— 

The Secretary shall award a Parabolic Aluminized Reflector 

Type 38 Halogen Replacement Lamp Prize (referred to in this 

section as the ‘‘PAR Type 38 Halogen Replacement Lamp Prize’’) 

to an entrant that produces a solid-state-light package simultaneously capable of— 

(A) producing a luminous flux greater than or equal 

to 1,350 lumens; 

(B) consuming less than or equal to 11 watts; 

(C) having an efficiency greater than 123 lumens per 

watt; 

(D) having a color rendering index greater than or 

equal to 90; 

(E) having a correlated color coordinate temperature 

of not less than 2,750, and not more than 3,000, degrees 

Kelvin; 

(F) having 70 percent of the lumen value under 

subparagraph (A) exceeding 25,000 hours under typical 

conditions expected in residential use; 

(G) having a light distribution pattern similar to a 

PAR 38 halogen lamp; 

(H) having a size and shape that fits within the maximum dimensions of a PAR 38 halogen lamp in accordance 

with American National Standards Institute standard C78– 

21–2003, figure C78.21–238; 

(I) using a single contact medium screw socket; and 

(J) mass production for a competitive sales commercial 

market satisfied by producing commercially accepted 

quality control lots of such units equal to or exceeding 

the criteria described in subparagraphs (A) through (I). 

(3) TWENTY-FIRST CENTURY LAMP PRIZE.—The Secretary 

shall award a Twenty-First Century Lamp Prize to an entrant 

that produces a solid-state-light-light capable of— 

(A) producing a light output greater than 1,200 lumens; 

(B) having an efficiency greater than 150 lumens per 

watt; 

(C) having a color rendering index greater than 90; 

(D) having a color coordinate temperature between 

2,800 and 3,000 degrees Kelvin; and 

(E) having a lifetime exceeding 25,000 hours. 

(c) PRIVATE FUNDS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1702 PUBLIC LAW 110–140—DEC. 19, 2007 

(1) IN GENERAL.—Subject to paragraph (2), and notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any 

person, government entity, or organization for purposes of carrying out this subsection— 

(A) without further appropriation; and 

(B) without fiscal year limitation. 

(2) PRIZE COMPETITION.—A private source of funding may 

not participate in the competition for prizes awarded under 

this section. 

(d) TECHNICAL REVIEW.—The Secretary shall establish a technical review committee composed of non-Federal officers to review 

entrant data submitted under this section to determine whether 

the data meets the prize specifications described in subsection (b). 

(e) THIRD PARTY ADMINISTRATION.—The Secretary may competitively select a third party to administer awards under this section. 

(f) ELIGIBILITY FOR PRIZES.—To be eligible to be awarded a 

prize under this section— 

(1) in the case of a private entity, the entity shall be 

incorporated in and maintain a primary place of business in 

the United States; and 

(2) in the case of an individual (whether participating as 

a single individual or in a group), the individual shall be 

a citizen or lawful permanent resident of the United States. 

(g) AWARD AMOUNTS.—Subject to the availability of funds to 

carry out this section, the amount of— 

(1) the 60-Watt Incandescent Replacement Lamp Prize 

described in subsection (b)(1) shall be $10,000,000; 

(2) the PAR Type 38 Halogen Replacement Lamp Prize 

described in subsection (b)(2) shall be $5,000,000; and 

(3) the Twenty-First Century Lamp Prize described in subsection (b)(3) shall be $5,000,000. 

(h) FEDERAL PROCUREMENT OF SOLID-STATE-LIGHTS.— 

(1) 60-WATT INCANDESCENT REPLACEMENT.—Subject to 

paragraph (3), as soon as practicable after the successful award 

of the 60-Watt Incandescent Replacement Lamp Prize under 

subsection (b)(1), the Secretary (in consultation with the 

Administrator of General Services) shall develop governmentwide Federal purchase guidelines with a goal of replacing the 

use of 60-watt incandescent lamps in Federal Government 

buildings with a solid-state-light package described in subsection (b)(1) by not later than the date that is 5 years after 

the date the award is made. 

(2) PAR 38 HALOGEN REPLACEMENT LAMP REPLACEMENT.— 

Subject to paragraph (3), as soon as practicable after the 

successful award of the PAR Type 38 Halogen Replacement 

Lamp Prize under subsection (b)(2), the Secretary (in consultation with the Administrator of General Services) shall develop 

governmentwide Federal purchase guidelines with the goal of 

replacing the use of PAR 38 halogen lamps in Federal Government buildings with a solid-state-light package described in 

subsection (b)(2) by not later than the date that is 5 years 

after the date the award is made. 

(3) WAIVERS.— 

(A) IN GENERAL.—The Secretary or the Administrator 

of General Services may waive the application of paragraph 

(1) or (2) if the Secretary or Administrator determines 

Deadline. 

Establishment. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1703 

that the return on investment from the purchase of a 

solid-state-light package described in paragraph (1) or (2) 

of subsection (b), respectively, is cost prohibitive. 

(B) REPORT OF WAIVER.—If the Secretary or Administrator waives the application of paragraph (1) or (2), the 

Secretary or Administrator, respectively, shall submit to 

Congress an annual report that describes the waiver and 

provides a detailed justification for the waiver. 

(i) REPORT.—Not later than 2 years after the date of enactment 

of this Act, and annually thereafter, the Administrator of General 

Services shall submit to the Energy Information Agency a report 

describing the quantity, type, and cost of each lighting product 

purchased by the Federal Government. 

(j) BRIGHT TOMORROW LIGHTING AWARD FUND.— (1) ESTABLISHMENT.—There is established in the United 

States Treasury a Bright Tomorrow Lighting permanent fund 

without fiscal year limitation to award prizes under paragraphs 

(1), (2), and (3) of subsection (b). 

(2) SOURCES OF FUNDING.—The fund established under 

paragraph (1) shall accept— 

(A) fiscal year appropriations; and 

(B) private contributions authorized under subsection 

(c). 

(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

SEC. 656. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP. 

(a) ESTABLISHMENT.—The Secretary shall carry out a program, 

to be known as the Renewable Energy Innovation Manufacturing 

Partnership Program (referred to in this section as the ‘‘Program’’), 

to make assistance awards to eligible entities for use in carrying 

out research, development, and demonstration relating to the manufacturing of renewable energy technologies. 

(b) SOLICITATION.—To carry out the Program, the Secretary 

shall annually conduct a competitive solicitation for assistance 

awards for an eligible project described in subsection (e). 

(c) PROGRAM PURPOSES.—The purposes of the Program are— 

(1) to develop, or aid in the development of, advanced 

manufacturing processes, materials, and infrastructure; 

(2) to increase the domestic production of renewable energy 

technology and components; and 

(3) to better coordinate Federal, State, and private 

resources to meet regional and national renewable energy goals 

through advanced manufacturing partnerships. 

(d) ELIGIBLE ENTITIES.—An entity shall be eligible to receive 

an assistance award under the Program to carry out an eligible 

project described in subsection (e) if the entity is composed of— 

(1) 1 or more public or private nonprofit institutions or 

national laboratories engaged in research, development, demonstration, or technology transfer, that would participate 

substantially in the project; and 

(2) 1 or more private entities engaged in the manufacturing 

or development of renewable energy system components 

(including solar energy, wind energy, biomass, geothermal 

energy, energy storage, or fuel cells). 

42 USC 17244. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1704 PUBLIC LAW 110–140—DEC. 19, 2007 

(e) ELIGIBLE PROJECTS.—An eligible entity may use an assistance award provided under this section to carry out a project 

relating to— 

(1) the conduct of studies of market opportunities for 

component manufacturing of renewable energy systems; 

(2) the conduct of multiyear applied research, development, 

demonstration, and deployment projects for advanced manufacturing processes, materials, and infrastructure for renewable 

energy systems; and 

(3) other similar ventures, as approved by the Secretary, 

that promote advanced manufacturing of renewable technologies. 

(f) CRITERIA AND GUIDELINES.—The Secretary shall establish 

criteria and guidelines for the submission, evaluation, and funding 

of proposed projects under the Program. 

(g) COST SHARING.—Section 988 of the Energy Policy Act of 

2005 (42 U.S.C. 16352) shall apply to a project carried out under 

this section. 

(h) DISCLOSURE.—The Secretary may, for a period of up to 

5 years after an award is granted under this section, exempt from 

mandatory disclosure under section 552 of title 5, United States 

Code (popularly known as the Freedom of Information Act) information that the Secretary determines would be a privileged or confidential trade secret or commercial or financial information under subsection (b)(4) of such section if the information had been obtained 

from a non-Government party. 

(i) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that the Secretary should ensure that small businesses engaged 

in renewable manufacturing be given priority consideration for the 

assistance awards provided under this section. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated out of funds already authorized to carry out 

this section $25,000,000 for each of fiscal years 2008 through 2013, 

to remain available until expended. 

TITLE VII—CARBON CAPTURE AND 

SEQUESTRATION 

Subtitle A—Carbon Capture and Sequestration Research, Development, and 

Demonstration 

SEC. 701. SHORT TITLE. 

This subtitle may be cited as the ‘‘Department of Energy Carbon 

Capture and Sequestration Research, Development, and Demonstration Act of 2007’’. 

SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, 

DEVELOPMENT, AND DEMONSTRATION PROGRAM. 

(a) AMENDMENT.—Section 963 of the Energy Policy Act of 2005 

(42 U.S.C. 16293) is amended— 

(1) in the section heading, by striking ‘‘RESEARCH AND

DEVELOPMENT’’ and inserting ‘‘AND SEQUESTRATION

RESEARCH, DEVELOPMENT, AND DEMONSTRATION’’; 

Department of 

Energy Carbon 

Capture and 

Sequestration 

Research, 

Development, 

and 

Demonstration 

Act of 2007. 

42 USC 17001 

note. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1705 

(2) in subsection (a)— 

(A) by striking ‘‘research and development’’ and 

inserting ‘‘and sequestration research, development, and 

demonstration’’; and 

(B) by striking ‘‘capture technologies on combustionbased systems’’ and inserting ‘‘capture and sequestration 

technologies related to industrial sources of carbon dioxide’’; 

(3) in subsection (b)— 

(A) in paragraph (3), by striking ‘‘and’’ at the end; 

(B) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(5) to expedite and carry out large-scale testing of carbon 

sequestration systems in a range of geologic formations that 

will provide information on the cost and feasibility of deployment of sequestration technologies.’’; and 

(4) by striking subsection (c) and inserting the following: 

‘‘(c) PROGRAMMATIC ACTIVITIES.— 

‘‘(1) FUNDAMENTAL SCIENCE AND ENGINEERING RESEARCH

AND DEVELOPMENT AND DEMONSTRATION SUPPORTING CARBON

CAPTURE AND SEQUESTRATION TECHNOLOGIES AND CARBON USE

ACTIVITIES.— 

‘‘(A) IN GENERAL.—The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) 

to develop and document the performance of new 

approaches to capture and sequester, or use carbon dioxide 

to lead to an overall reduction of carbon dioxide emissions. 

‘‘(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 advanced technologies 

for the capture and sequestration of carbon dioxide; 

‘‘(ii) development of new or advanced technologies 

that reduce the cost and increase the efficacy of 

advanced compression of carbon dioxide required for 

the sequestration of carbon dioxide; 

‘‘(iii) modeling and simulation of geologic sequestration field demonstrations; 

‘‘(iv) quantitative assessment of risks relating to 

specific field sites for testing of sequestration technologies; 

‘‘(v) research and development of new and 

advanced technologies for carbon use, including 

recycling and reuse of carbon dioxide; and 

‘‘(vi) research and development of new and 

advanced technologies for the separation of oxygen 

from air. 

‘‘(2) FIELD VALIDATION TESTING ACTIVITIES.— ‘‘(A) IN GENERAL.—The Secretary shall promote, to the 

maximum extent practicable, regional carbon sequestration 

partnerships to conduct geologic sequestration tests 

involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate 

geologic settings, including— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1706 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(i) operating oil and gas fields; 

‘‘(ii) depleted oil and gas fields; 

‘‘(iii) unmineable coal seams; 

‘‘(iv) deep saline formations; 

‘‘(v) deep geologic 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 geologic formations; 

‘‘(iii) to refine sequestration capacity estimated for 

particular geologic formations; 

‘‘(iv) to determine the fate of carbon dioxide concurrent with and following injection into geologic formations; 

‘‘(v) to develop and implement best practices for 

operations relating to, and monitoring of, carbon 

dioxide injection and sequestration in geologic formations; 

‘‘(vi) to assess and ensure the safety of operations 

related to geologic sequestration of carbon dioxide; 

‘‘(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 sequestration that are funded by the Department of Energy; and 

‘‘(viii) to provide information to States, the 

Environmental Protection Agency, and other appropriate entities to support development of a regulatory 

framework for commercial-scale sequestration operations that ensure the protection of human health and 

the environment. 

‘‘(3) LARGE-SCALE CARBON DIOXIDE SEQUESTRATION

TESTING.— 

‘‘(A) IN GENERAL.—The Secretary shall conduct not less 

than 7 initial large-scale sequestration tests, not including 

the FutureGen project, for geologic containment of carbon 

dioxide to collect and validate information on the cost and 

feasibility of commercial deployment of technologies for 

geologic containment of carbon dioxide. These 7 tests may 

include any Regional Partnership projects awarded as of 

the date of enactment of the Department of Energy Carbon 

Capture and Sequestration Research, Development, and 

Demonstration Act of 2007. 

‘‘(B) DIVERSITY OF FORMATIONS TO BE STUDIED.—In 

selecting formations for study under this paragraph, the 

Secretary shall consider a variety of geologic formations 

across the United States, and require characterization and 

modeling of candidate formations, as determined by the 

Secretary. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1707 

‘‘(C) SOURCE OF CARBON DIOXIDE FOR LARGE-SCALE

SEQUESTRATION TESTS.—In the process of any acquisition 

of carbon dioxide for sequestration tests under subparagraph (A), the Secretary shall give preference to sources 

of carbon dioxide from industrial sources. To the extent 

feasible, the Secretary shall prefer tests that would facilitate the creation of an integrated system of capture, 

transportation and sequestration of carbon dioxide. The 

preference provided for under this subparagraph shall not 

delay the implementation of the large-scale sequestration 

tests under this paragraph. 

‘‘(D) DEFINITION.—For purposes of this paragraph, the 

term ‘large-scale’ means the injection of more than 

1,000,000 tons of carbon dioxide from industrial sources 

annually or a scale that demonstrates the ability to inject 

and sequester several million metric tons of industrial 

source carbon dioxide for a large number of years. 

‘‘(4) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS

PROPOSALS.—In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary 

shall— 

‘‘(A) give preference to proposals from partnerships 

among industrial, academic, and government entities; and 

‘‘(B) require recipients to provide assurances that all 

laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new 

or existing facilities performed in order to carry out a 

demonstration or commercial application activity authorized under this subsection shall be paid wages at rates 

not less than those prevailing on similar construction in 

the locality, as determined by the Secretary of Labor in 

accordance with subchapter IV of chapter 31 of title 40, 

United States Code, and the Secretary of Labor shall, with 

respect to the labor standards in this paragraph, have 

the authority and functions set forth in Reorganization 

Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. 

Appendix) and section 3145 of title 40, United States Code. 

‘‘(5) COST SHARING.—Activities under this subsection shall 

be considered research and development activities that are 

subject to the cost sharing requirements of section 988(b). 

‘‘(6) PROGRAM REVIEW AND REPORT.—During fiscal year 

2011, the Secretary shall— 

‘‘(A) conduct a review of programmatic activities carried 

out under this subsection; and 

‘‘(B) make recommendations with respect to continuation of the activities. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

‘‘(1) $240,000,000 for fiscal year 2008; 

‘‘(2) $240,000,000 for fiscal year 2009; 

‘‘(3) $240,000,000 for fiscal year 2010; 

‘‘(4) $240,000,000 for fiscal year 2011; and 

‘‘(5) $240,000,000 for fiscal year 2012.’’. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1708 PUBLIC LAW 110–140—DEC. 19, 2007 

(b) TABLE OF CONTENTS AMENDMENT.—The item relating to 

section 963 in the table of contents for the Energy Policy Act 

of 2005 is amended to read as follows: 

‘‘Sec. 963. Carbon capture and sequestration research, development, and demonstration program.’’. 

SEC. 703. CARBON CAPTURE. 

(a) PROGRAM ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary shall carry out a program 

to demonstrate technologies for the large-scale capture of carbon 

dioxide from industrial sources. In making awards under this 

program, the Secretary shall select, as appropriate, a diversity 

of capture technologies to address the need to capture carbon 

dioxide from a range of industrial sources. 

(2) SCOPE OF AWARD.—Awards under this section shall 

be only for the portion of the project that— 

(A) carries out the large-scale capture (including purification and compression) of carbon dioxide from industrial 

sources; 

(B) provides for the transportation and injection of 

carbon dioxide; and 

(C) incorporates a comprehensive measurement, monitoring, and validation program. 

(3) PREFERENCES FOR AWARD.—To ensure reduced carbon 

dioxide emissions, the Secretary shall take necessary actions 

to provide for the integration of the program under this paragraph with the large-scale carbon dioxide sequestration tests 

described in section 963(c)(3) of the Energy Policy Act of 2005 

(42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle. 

These actions should not delay implementation of these tests. 

The Secretary shall give priority consideration to projects with 

the following characteristics: 

(A) CAPACITY.—Projects that will capture a high 

percentage of the carbon dioxide in the treated stream 

and large volumes of carbon dioxide as determined by 

the Secretary. 

(B) SEQUESTRATION.—Projects that capture carbon 

dioxide from industrial sources that are near suitable 

geological reservoirs and could continue sequestration 

including— 

(i) a field testing validation activity under section 

963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), 

as amended by this Act; or 

(ii) other geologic sequestration projects approved 

by the Secretary. 

(4) REQUIREMENT.—For projects that generate carbon 

dioxide that is to be sequestered, the carbon dioxide stream 

shall be of a sufficient purity level to allow for safe transport 

and sequestration. 

(5) COST-SHARING.—The cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) 

for research and development projects shall apply to this section. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to carry out this section 

$200,000,000 per year for fiscal years 2009 through 2013. 

Applicability. 

42 USC 17251. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1709 

SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS. 

The Secretary shall enter into an arrangement with the 

National Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs under section 963(c)(3) 

of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added 

by section 702 of this subtitle, and under section 703 of this subtitle, 

to ensure that the benefits of such programs are maximized. Not 

later than January 1, 2012, the Secretary shall transmit to the 

Congress a report on the results of such review and oversight. 

SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH. 

(a) STUDY.— (1) IN GENERAL.—The Secretary shall enter into an arrangement with the National Academy of Sciences to undertake 

a study that— 

(A) defines an interdisciplinary program in geology, 

engineering, hydrology, environmental science, and related 

disciplines that will support the Nation’s capability to capture and sequester carbon dioxide from anthropogenic 

sources; 

(B) addresses undergraduate and graduate education, 

especially to help develop graduate level programs of 

research and instruction that lead to advanced degrees 

with emphasis on geologic sequestration science; 

(C) develops guidelines for proposals from colleges and 

universities with substantial capabilities in the required 

disciplines that seek to implement geologic sequestration 

science programs that advance the Nation’s capacity to 

address carbon management through geologic sequestration 

science; and 

(D) outlines a budget and recommendations for how 

much funding will be necessary to establish and carry 

out the grant program under subsection (b). 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Congress 

a copy of the results of the study provided by the National 

Academy of Sciences under paragraph (1). 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for carrying out this 

subsection $1,000,000 for fiscal year 2008. 

(b) GRANT PROGRAM.— 

(1) ESTABLISHMENT.—The Secretary shall establish a 

competitive grant program through which colleges and universities may apply for and receive 4-year grants for— 

(A) salary and startup costs for newly designated faculty positions in an integrated geologic carbon sequestration science program; and 

(B) internships for graduate students in geologic 

sequestration science. 

(2) RENEWAL.—Grants under this subsection shall be 

renewable for up to 2 additional 3-year terms, based on performance criteria, established by the National Academy of Sciences 

study conducted under subsection (a), that include the number 

of graduates of such programs. 

(3) INTERFACE WITH REGIONAL GEOLOGIC CARBON SEQUESTRATION PARTNERSHIPS.—To the greatest extent possible, geologic carbon sequestration science programs supported under 

Contracts. 

42 USC 17253. 

Deadline. 

Reports. 

Contracts. 

42 USC 17252. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1710 PUBLIC LAW 110–140—DEC. 19, 2007 

this subsection shall interface with the research of the Regional 

Carbon Sequestration Partnerships operated by the Department 

to provide internships and practical training in carbon capture 

and geologic sequestration. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for carrying out this 

subsection such sums as may be necessary. 

SEC. 706. RELATION TO SAFE DRINKING WATER ACT. 

The injection and geologic sequestration of carbon dioxide 

pursuant to this subtitle and the amendments made by this subtitle 

shall be subject to the requirements of the Safe Drinking Water 

Act (42 U.S.C. 300f et seq.), including the provisions of part C 

of such Act (42 U.S.C. 300h et seq.; relating to protection of underground sources of drinking water). Nothing in this subtitle and 

the amendments made by this subtitle imposes or authorizes the 

promulgation of any requirement that is inconsistent or in conflict 

with the requirements of the Safe Drinking Water Act (42 U.S.C. 

300f et seq.) or regulations thereunder. 

SEC. 707. SAFETY RESEARCH. 

(a) PROGRAM.—The Administrator of the Environmental Protection Agency shall conduct a research program to address public 

health, safety, and environmental impacts that may be associated 

with capture, injection, and sequestration of greenhouse gases in 

geologic reservoirs. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for carrying out this section $5,000,000 for 

each fiscal year. 

SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, in consultation with other 

appropriate agencies, shall establish a university based research 

and development program to study carbon capture and sequestration using the various types of coal. 

(b) RURAL AND AGRICULTURAL INSTITUTIONS.—The Secretary 

shall give special consideration to rural or agricultural based 

institutions in areas that have regional sources of coal and that 

offer interdisciplinary programs in the area of environmental science 

to study carbon capture and sequestration. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are to be 

authorized to be appropriated $10,000,000 to carry out this section. 

Subtitle B—Carbon Capture and 

Sequestration Assessment and Framework 

SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT. 

(a) DEFINITIONS.—In this section— 

(1) ASSESSMENT.—The term ‘‘assessment’’ means the 

national assessment of onshore capacity for carbon dioxide completed under subsection (f). 

(2) CAPACITY.—The term ‘‘capacity’’ means the portion of 

a sequestration formation that can retain carbon dioxide in 

accordance with the requirements (including physical, 

42 USC 17271. 

42 USC 17256. 

42 USC 17255. 

42 USC 17254. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1711 

geological, and economic requirements) established under the 

methodology developed under subsection (b). 

(3) ENGINEERED HAZARD.—The term ‘‘engineered hazard’’ 

includes the location and completion history of any well that 

could affect potential sequestration. 

(4) RISK.—The term ‘‘risk’’ includes any risk posed by 

geomechanical, geochemical, hydrogeological, structural, and 

engineered hazards. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Director of the United States 

Geological Survey. 

(6) SEQUESTRATION FORMATION.—The term ‘‘sequestration 

formation’’ means a deep saline formation, unmineable coal 

seam, or oil or gas reservoir that is capable of accommodating 

a volume of industrial carbon dioxide. 

(b) METHODOLOGY.—Not later than 1 year after the date of 

enactment of this Act, the Secretary shall develop a methodology 

for conducting an assessment under subsection (f), taking into 

consideration— 

(1) the geographical extent of all potential sequestration 

formations in all States; 

(2) the capacity of the potential sequestration formations; 

(3) the injectivity of the potential sequestration formations; 

(4) an estimate of potential volumes of oil and gas recoverable by injection and sequestration of industrial carbon dioxide 

in potential sequestration formations; 

(5) the risk associated with the potential sequestration 

formations; and 

(6) the work done to develop the Carbon Sequestration 

Atlas of the United States and Canada that was completed 

by the Department. 

(c) COORDINATION.— 

(1) FEDERAL COORDINATION.— 

(A) CONSULTATION.—The Secretary shall consult with 

the Secretary of Energy and the Administrator of the 

Environmental Protection Agency on issues of data sharing, 

format, development of the methodology, and content of 

the assessment required under this section to ensure the 

maximum usefulness and success of the assessment. 

(B) COOPERATION.—The Secretary of Energy and the 

Administrator shall cooperate with the Secretary to ensure, 

to the maximum extent practicable, the usefulness and 

success of the assessment. 

(2) STATE COORDINATION.—The Secretary shall consult with 

State geological surveys and other relevant entities to ensure, 

to the maximum extent practicable, the usefulness and success 

of the assessment. 

(d) EXTERNAL REVIEW AND PUBLICATION.—On completion of 

the methodology under subsection (b), the Secretary shall— 

(1) publish the methodology and solicit comments from 

the public and the heads of affected Federal and State agencies; 

(2) establish a panel of individuals with expertise in the 

matters described in paragraphs (1) through (5) of subsection 

(b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental 

organizations, State organizations, industry, and international 

Establishment. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1712 PUBLIC LAW 110–140—DEC. 19, 2007 

geoscience organizations to review the methodology and comments received under paragraph (1); and 

(3) on completion of the review under paragraph (2), publish 

in the Federal Register the revised final methodology. 

(e) PERIODIC UPDATES.—The methodology developed under this 

section shall be updated periodically (including at least once every 

5 years) to incorporate new data as the data becomes available. 

(f) NATIONAL ASSESSMENT.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of publication of the methodology under subsection (d)(1), the 

Secretary, in consultation with the Secretary of Energy and 

State geological surveys, shall complete a national assessment 

of capacity for carbon dioxide in accordance with the methodology. 

(2) GEOLOGICAL VERIFICATION.—As part of the assessment 

under this subsection, the Secretary shall carry out a drilling 

program to supplement the geological data relevant to determining sequestration capacity of carbon dioxide in geological 

sequestration formations, including— 

(A) well log data; 

(B) core data; and 

(C) fluid sample data. 

(3) PARTNERSHIP WITH OTHER DRILLING PROGRAMS.—As part 

of the drilling program under paragraph (2), the Secretary 

shall enter, as appropriate, into partnerships with other entities 

to collect and integrate data from other drilling programs relevant to the sequestration of carbon dioxide in geological formations. 

(4) INCORPORATION INTO NATCARB.— 

(A) IN GENERAL.—On completion of the assessment, 

the Secretary of Energy and the Secretary of the Interior 

shall incorporate the results of the assessment using— 

(i) the NatCarb database, to the maximum extent 

practicable; or 

(ii) a new database developed by the Secretary 

of Energy, as the Secretary of Energy determines to 

be necessary. 

(B) RANKING.—The database shall include the data 

necessary to rank potential sequestration sites for capacity 

and risk, across the United States, within each State, by 

formation, and within each basin. 

(5) REPORT.—Not later than 180 days after the date on 

which the assessment is completed, the Secretary shall submit 

to the Committee on Energy and Natural Resources of the 

Senate and the Committee on Natural Resources of the House 

of Representatives a report describing the findings under the 

assessment. 

(6) PERIODIC UPDATES.—The national assessment developed 

under this section shall be updated periodically (including at 

least once every 5 years) to support public and private sector 

decisionmaking. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $30,000,000 for the 

period of fiscal years 2008 through 2012. 

Deadline. 

Federal Register, 

publication. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1713 

SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE 

AND NITROUS OXIDE EMISSIONS FROM ECOSYSTEMS. 

(a) DEFINITIONS.—In this section: 

(1) ADAPTATION STRATEGY.—The term ‘‘adaptation strategy’’ 

means a land use and management strategy that can be used— 

(A) to increase the sequestration capabilities of covered 

greenhouse gases of any ecosystem; or 

(B) to reduce the emissions of covered greenhouse gases 

from any ecosystem. 

(2) ASSESSMENT.—The term ‘‘assessment’’ means the 

national assessment authorized under subsection (b). 

(3) COVERED GREENHOUSE GAS.—The term ‘‘covered greenhouse gas’’ means carbon dioxide, nitrous oxide, and methane 

gas. 

(4) ECOSYSTEM.—The term ‘‘ecosystem’’ means any terrestrial, freshwater aquatic, or coastal ecosystem, including an 

estuary. 

(5) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’ 

means any noninvasive, naturally occurring plant species 

within an ecosystem. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(b) AUTHORIZATION OF ASSESSMENT.—Not later than 2 years 

after the date on which the final methodology is published under 

subsection (f)(3)(D), the Secretary shall complete a national assessment of— 

(1) the quantity of carbon stored in and released from 

ecosystems, including from man-caused and natural fires; and 

(2) the annual flux of covered greenhouse gases in and 

out of ecosystems. 

(c) COMPONENTS.—In conducting the assessment under subsection (b), the Secretary shall— 

(1) determine the processes that control the flux of covered 

greenhouse gases in and out of each ecosystem; 

(2) estimate the potential for increasing carbon sequestration in natural and managed ecosystems through management 

activities or restoration activities in each ecosystem; 

(3) develop near-term and long-term adaptation strategies 

or mitigation strategies that can be employed— 

(A) to enhance the sequestration of carbon in each 

ecosystem; 

(B) to reduce emissions of covered greenhouse gases 

from ecosystems; and 

(C) to adapt to climate change; and 

(4) estimate the annual carbon sequestration capacity of 

ecosystems under a range of policies in support of management 

activities to optimize sequestration. 

(d) USE OF NATIVE PLANT SPECIES.—In developing restoration 

activities under subsection (c)(2) and management strategies and 

adaptation strategies under subsection (c)(3), the Secretary shall 

emphasize the use of native plant species (including mixtures of 

many native plant species) for sequestering covered greenhouse 

gas in each ecosystem. 

(e) CONSULTATION.— 

(1) IN GENERAL.—In conducting the assessment under subsection (b) and developing the methodology under subsection 

(f), the Secretary shall consult with— 

Deadline. 

42 USC 17272. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1714 PUBLIC LAW 110–140—DEC. 19, 2007 

(A) the Secretary of Energy; 

(B) the Secretary of Agriculture; 

(C) the Administrator of the Environmental Protection 

Agency; 

(D) the Secretary of Commerce, acting through the 

Under Secretary for Oceans and Atmosphere; and 

(E) the heads of other relevant agencies. 

(2) OCEAN AND COASTAL ECOSYSTEMS.—In carrying out this 

section with respect to ocean and coastal ecosystems (including 

estuaries), the Secretary shall work jointly with the Secretary 

of Commerce, acting through the Under Secretary for Oceans 

and Atmosphere. 

(f) METHODOLOGY.— (1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall develop a methodology for conducting the assessment. 

(2) REQUIREMENTS.—The methodology developed under 

paragraph (1)— 

(A) shall— 

(i) determine the method for measuring, monitoring, and quantifying covered greenhouse gas emissions and reductions; 

(ii) estimate the total capacity of each ecosystem 

to sequester carbon; and 

(iii) estimate the ability of each ecosystem to 

reduce emissions of covered greenhouse gases through 

management practices; and 

(B) may employ economic and other systems models, 

analyses, and estimates, to be developed in consultation 

with each of the individuals described in subsection (e). 

(3) EXTERNAL REVIEW AND PUBLICATION.—On completion 

of a proposed methodology, the Secretary shall— 

(A) publish the proposed methodology; 

(B) at least 60 days before the date on which the 

final methodology is published, solicit comments from— 

(i) the public; and 

(ii) heads of affected Federal and State agencies; 

(C) establish a panel to review the proposed methodology published under subparagraph (A) and any comments 

received under subparagraph (B), to be composed of members— 

(i) with expertise in the matters described in subsections (c) and (d); and 

(ii) that are, as appropriate, representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, 

industry, and international organizations; and 

(D) on completion of the review under subparagraph 

(C), publish in the Federal Register the revised final methodology. 

(g) ESTIMATE; REVIEW.—The Secretary shall— 

(1) based on the assessment, prescribe the data, information, and analysis needed to establish a scientifically sound 

estimate of the carbon sequestration capacity of relevant ecosystems; and 

(2) not later than 180 days after the date on which the 

assessment is completed, submit to the heads of applicable 

Deadline. 

Reports. 

Federal Register, 

publication. 

Establishment. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1715 

Federal agencies and the appropriate committees of Congress 

a report that describes the results of the assessment. 

(h) DATA AND REPORT AVAILABILITY.—On completion of the 

assessment, the Secretary shall incorporate the results of the assessment into a web-accessible database for public use. 

(i) AUTHORIZATION.—There is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 

2008 through 2012. 

SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY. 

Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) 

is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) RECORDS AND INVENTORY.—The Secretary of the Interior, 

acting through the Bureau of Land Management, shall maintain 

records on, and an inventory of, the quantity of carbon dioxide 

stored within Federal mineral leaseholds.’’. 

SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION 

ON PUBLIC LAND. 

(a) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

a report on a recommended framework for managing geological 

carbon sequestration activities on public land. 

(b) CONTENTS.—The report required by subsection (a) shall 

include the following: 

(1) Recommended criteria for identifying candidate 

geological sequestration sites in each of the following types 

of geological settings: 

(A) Operating oil and gas fields. 

(B) Depleted oil and gas fields. 

(C) Unmineable coal seams. 

(D) Deep saline formations. 

(E) Deep geological systems that may be used as engineered reservoirs to extract economical quantities of heat 

from geothermal resources of low permeability or porosity. 

(F) Deep geological systems containing basalt formations. 

(G) Coalbeds being used for methane recovery. 

(2) A proposed regulatory framework for the leasing of 

public land or an interest in public land for the long-term 

geological sequestration of carbon dioxide, which includes an 

assessment of options to ensure that the United States receives 

fair market value for the use of public land or an interest 

in public land for geological sequestration. 

(3) A proposed procedure for ensuring that any geological 

carbon sequestration activities on public land— 

(A) provide for public review and comment from all 

interested persons; and 

(B) protect the quality of natural and cultural resources 

of the public land overlaying a geological sequestration 

site. 

(4) A description of the status of Federal leasehold or 

Federal mineral estate liability issues related to the geological 

subsurface trespass of or caused by carbon dioxide stored in 

Public 

information. 

Website. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1716 PUBLIC LAW 110–140—DEC. 19, 2007 

public land, including any relevant experience from enhanced 

oil recovery using carbon dioxide on public land. 

(5) Recommendations for additional legislation that may 

be required to ensure that public land management and leasing 

laws are adequate to accommodate the long-term geological 

sequestration of carbon dioxide. 

(6) An identification of the legal and regulatory issues 

specific to carbon dioxide sequestration on land in cases in 

which title to mineral resources is held by the United States 

but title to the surface estate is not held by the United States. 

(7)(A) An identification of the issues specific to the issuance 

of pipeline rights-of-way on public land under the Mineral 

Leasing Act (30 U.S.C. 181 et seq.) or the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1701 et seq.) for 

natural or anthropogenic carbon dioxide. 

(B) Recommendations for additional legislation that may 

be required to clarify the appropriate framework for issuing 

rights-of-way for carbon dioxide pipelines on public land. 

(c) CONSULTATION WITH OTHER AGENCIES.—In preparing the 

report under this section, the Secretary of the Interior shall coordinate with— 

(1) the Administrator of the Environmental Protection 

Agency; 

(2) the Secretary of Energy; and 

(3) the heads of other appropriate agencies. 

(d) COMPLIANCE WITH SAFE DRINKING WATER ACT.—The Secretary shall ensure that all recommendations developed under this 

section are in compliance with all Federal environmental laws, 

including the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 

and regulations under that Act. 

TITLE VIII—IMPROVED MANAGEMENT 

OF ENERGY POLICY 

Subtitle A—Management Improvements 

SEC. 801. NATIONAL MEDIA CAMPAIGN. 

(a) IN GENERAL.—The Secretary, acting through the Assistant 

Secretary for Energy Efficiency and Renewable Energy (referred 

to in this section as the ‘‘Secretary’’), shall develop and conduct 

a national media campaign— 

(1) to increase energy efficiency throughout the economy 

of the United States during the 10-year period beginning on 

the date of enactment of this Act; 

(2) to promote the national security benefits associated 

with increased energy efficiency; and 

(3) to decrease oil consumption in the United States during 

the 10-year period beginning on the date of enactment of this 

Act. 

(b) CONTRACT WITH ENTITY.—The Secretary shall carry out 

subsection (a) directly or through— 

(1) competitively bid contracts with 1 or more nationally 

recognized media firms for the development and distribution 

of monthly television, radio, and newspaper public service 

announcements; or 

42 USC 17281. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1717 

(2) collective agreements with 1 or more nationally recognized institutes, businesses, or nonprofit organizations for the 

funding, development, and distribution of monthly television, 

radio, and newspaper public service announcements. 

(c) USE OF FUNDS.— 

(1) IN GENERAL.—Amounts made available to carry out 

this section shall be used for— 

(A) advertising costs, including— 

(i) the purchase of media time and space; 

(ii) creative and talent costs; 

(iii) testing and evaluation of advertising; and 

(iv) evaluation of the effectiveness of the media 

campaign; and 

(B) administrative costs, including operational and 

management expenses. 

(2) LIMITATIONS.—In carrying out this section, the Secretary shall allocate not less than 85 percent of funds made 

available under subsection (e) for each fiscal year for the advertising functions specified under paragraph (1)(A). 

(d) REPORTS.—The Secretary shall annually submit to Congress 

a report that describes— 

(1) the strategy of the national media campaign and 

whether specific objectives of the campaign were accomplished, 

including— 

(A) determinations concerning the rate of change of 

energy consumption, in both absolute and per capita terms; 

and 

(B) an evaluation that enables consideration of whether 

the media campaign contributed to reduction of energy 

consumption; 

(2) steps taken to ensure that the national media campaign 

operates in an effective and efficient manner consistent with 

the overall strategy and focus of the campaign; 

(3) plans to purchase advertising time and space; 

(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time 

and space and eliminate the potential for waste, fraud, and 

abuse; and 

(5) all contracts or cooperative agreements entered into 

with a corporation, partnership, or individual working on behalf 

of the national media campaign. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section $5,000,000 for each of fiscal years 

2008 through 2012. 

(2) DECREASED OIL CONSUMPTION.—The Secretary shall use 

not less than 50 percent of the amount that is made available 

under this section for each fiscal year to develop and conduct 

a national media campaign to decrease oil consumption in 

the United States over the next decade. 

SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION. 

Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 

720d) is amended by adding at the end the following: 

‘‘(h) ADMINISTRATION.— 

‘‘(1) PERSONNEL APPOINTMENTS.— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1718 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(A) IN GENERAL.—The Federal Coordinator may 

appoint and terminate such personnel as the Federal 

Coordinator determines to be appropriate. 

‘‘(B) AUTHORITY OF FEDERAL COORDINATOR.—Personnel 

appointed by the Federal Coordinator under subparagraph 

(A) shall be appointed without regard to the provisions 

of title 5, United States Code, governing appointments 

in the competitive service. 

‘‘(2) COMPENSATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions 

of chapter 51 and subchapter III of chapter 53 of title 

5, United States Code (relating to classification and General Schedule pay rates). 

‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The rate of 

pay for personnel appointed by the Federal Coordinator 

under paragraph (1)(A) shall not exceed the maximum 

level of rate payable for level III of the Executive Schedule 

(5 U.S.C. 5314). 

‘‘(C) ALLOWANCES.—Section 5941 of title 5, United 

States Code, shall apply to personnel appointed by the 

Federal Coordinator under paragraph (1)(A). 

‘‘(3) TEMPORARY SERVICES.— 

‘‘(A) IN GENERAL.—The Federal Coordinator may procure temporary and intermittent services in accordance 

with section 3109(b) of title 5, United States Code. 

‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The level of 

compensation of an individual employed on a temporary 

or intermittent basis under subparagraph (A) shall not 

exceed the maximum level of rate payable for level III 

of the Executive Schedule (5 U.S.C. 5314). 

‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 

‘‘(A) IN GENERAL.—With respect to the duties of the 

Federal Coordinator, as described in this Act, the Federal 

Coordinator shall have similar authority to establish, 

change, and abolish reasonable filing and service fees, 

charges, and commissions, require deposits of payments, 

and provide refunds as provided to the Secretary of the 

Interior in section 304 of the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1734). 

‘‘(B) AUTHORITY OF SECRETARY OF THE INTERIOR.— 

Subparagraph (A) shall not affect the authority of the 

Secretary of the Interior to establish, change, and abolish 

reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds 

under section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734). 

‘‘(C) USE OF FUNDS.—The Federal Coordinator is 

authorized to use, without further appropriation, amounts 

collected under subparagraph (A) to carry out this section.’’. 

SEC. 803. RENEWABLE ENERGY DEPLOYMENT. 

(a) DEFINITIONS.—In this section: 

(1) ALASKA SMALL HYDROELECTRIC POWER.—The term 

‘‘Alaska small hydroelectric power’’ means power that— 

(A) is generated— 

42 USC 17282. 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1719 

(i) in the State of Alaska; 

(ii) without the use of a dam or impoundment 

of water; and 

(iii) through the use of— 

(I) a lake tap (but not a perched alpine lake); 

or 

(II) a run-of-river screened at the point of 

diversion; and 

(B) has a nameplate capacity rating of a wattage that 

is not more than 15 megawatts. 

(2) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means any— 

(A) governmental entity; 

(B) private utility; 

(C) public utility; 

(D) municipal utility; 

(E) cooperative utility; 

(F) Indian tribes; and 

(G) Regional Corporation (as defined in section 3 of 

the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). 

(3) OCEAN ENERGY.— 

(A) INCLUSIONS.—The term ‘‘ocean energy’’ includes 

current, wave, and tidal energy. 

(B) EXCLUSION.—The term ‘‘ocean energy’’ excludes 

thermal energy. 

(4) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable 

energy project’’ means a project— 

(A) for the commercial generation of electricity; and 

(B) that generates electricity from— 

(i) solar, wind, or geothermal energy or ocean 

energy; 

(ii) biomass (as defined in section 203(b) of the 

Energy Policy Act of 2005 (42 U.S.C. 15852(b))); 

(iii) landfill gas; or 

(iv) Alaska small hydroelectric power. 

(b) RENEWABLE ENERGY CONSTRUCTION GRANTS.— 

(1) IN GENERAL.—The Secretary shall use amounts appropriated under this section to make grants for use in carrying 

out renewable energy projects. 

(2) CRITERIA.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall set forth criteria 

for use in awarding grants under this section. 

(3) APPLICATION.—To receive a grant from the Secretary 

under paragraph (1), an eligible applicant shall submit to the 

Secretary an application at such time, in such manner, and 

containing such information as the Secretary may require, 

including a written assurance that— 

(A) all laborers and mechanics employed by contractors 

or subcontractors during construction, alteration, or repair 

that is financed, in whole or in part, by a grant under 

this section shall be paid wages at rates not less than 

those prevailing on similar construction in the locality, 

as determined by the Secretary of Labor in accordance 

with sections 3141–3144, 3146, and 3147 of title 40, United 

States Code; and 

(B) the Secretary of Labor shall, with respect to the 

labor standards described in this paragraph, have the 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1720 PUBLIC LAW 110–140—DEC. 19, 2007 

authority and functions set forth in Reorganization Plan 

Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 

of title 40, United States Code. 

(4) NON-FEDERAL SHARE.—Each eligible applicant that 

receives a grant under this subsection shall contribute to the 

total cost of the renewable energy project constructed by the 

eligible applicant an amount not less than 50 percent of the 

total cost of the project. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Fund such sums as are necessary to 

carry out this section. 

SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Energy Information Administration. 

(2) PLANNED REFINERY OUTAGE.— 

(A) IN GENERAL.—The term ‘‘planned refinery outage’’ 

means a removal, scheduled before the date on which the 

removal occurs, of a refinery, or any unit of a refinery, 

from service for maintenance, repair, or modification. 

(B) EXCLUSION.—The term ‘‘planned refinery outage’’ 

does not include any necessary and unplanned removal 

of a refinery, or any unit of a refinery, from service as 

a result of a component failure, safety hazard, emergency, 

or action reasonably anticipated to be necessary to prevent 

such events. 

(3) REFINED PETROLEUM PRODUCT.—The term ‘‘refined 

petroleum product’’ means any gasoline, diesel fuel, fuel oil, 

lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of 

crude oil or an oil derived from tar sands, shale, or coal. 

(4) REFINERY.—The term ‘‘refinery’’ means a facility used 

in the production of a refined petroleum product through distillation, cracking, or any other process. 

(b) REVIEW AND ANALYSIS OF AVAILABLE INFORMATION.—The 

Administrator shall, on an ongoing basis— 

(1) review information on refinery outages that is available 

from commercial reporting services; 

(2) analyze that information to determine whether the 

scheduling of a refinery outage may nationally or regionally 

substantially affect the price or supply of any refined petroleum 

product by— 

(A) decreasing the production of the refined petroleum 

product; and 

(B) causing or contributing to a retail or wholesale 

supply shortage or disruption; 

(3) not less frequently than twice each year, submit to 

the Secretary a report describing the results of the review 

and analysis under paragraphs (1) and (2); and 

(4) specifically alert the Secretary of any refinery outage 

that the Administrator determines may nationally or regionally 

substantially affect the price or supply of a refined petroleum 

product. 

(c) ACTION BY SECRETARY.—On a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of 

subsection (b), that a refinery outage may affect the price or supply 

Deadlines. 

Reports. 

42 USC 17283. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1721 

of a refined petroleum product, the Secretary shall make available 

to refinery operators information on planned refinery outages to 

encourage reductions of the quantity of refinery capacity that is 

out of service at any time. 

(d) LIMITATION.—Nothing in this section shall alter any existing 

legal obligation or responsibility of a refinery operator, or create 

any legal right of action, nor shall this section authorize the Secretary— 

(1) to prohibit a refinery operator from conducting a 

planned refinery outage; or 

(2) to require a refinery operator to continue to operate 

a refinery. 

SEC. 805. ASSESSMENT OF RESOURCES. 

(a) 5-YEAR PLAN.— 

(1) ESTABLISHMENT.—The Administrator of the Energy 

Information Administration (referred to in this section as the 

‘‘Administrator’’) shall establish a 5-year plan to enhance the 

quality and scope of the data collection necessary to ensure 

the scope, accuracy, and timeliness of the information needed 

for efficient functioning of energy markets and related financial 

operations. 

(2) REQUIREMENT.—In establishing the plan under paragraph (1), the Administrator shall pay particular attention to— 

(A) data series terminated because of budget constraints; 

(B) data on demand response; 

(C) timely data series of State-level information; 

(D) improvements in the area of oil and gas data; 

(E) improvements in data on solid byproducts from 

coal-based energy-producing facilities; and 

(F) the ability to meet applicable deadlines under Federal law (including regulations) to provide data required 

by Congress. 

(b) SUBMISSION TO CONGRESS.—The Administrator shall submit 

to Congress the plan established under subsection (a), including 

a description of any improvements needed to enhance the ability 

of the Administrator to collect and process energy information in 

a manner consistent with the needs of energy markets. 

(c) GUIDELINES.— 

(1) IN GENERAL.—The Administrator shall— 

(A) establish guidelines to ensure the quality, comparability, and scope of State energy data, including data 

on energy production and consumption by product and 

sector and renewable and alternative sources, required to 

provide a comprehensive, accurate energy profile at the 

State level; 

(B) share company-level data collected at the State 

level with each State involved, in a manner consistent 

with the legal authorities, confidentiality protections, and 

stated uses in effect at the time the data were collected, 

subject to the condition that the State shall agree to reasonable requirements for use of the data, as the Administrator 

may require; 

(C) assess any existing gaps in data obtained and 

compiled by the Energy Information Administration; and 

42 USC 17284. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1722 PUBLIC LAW 110–140—DEC. 19, 2007 

(D) evaluate the most cost-effective ways to address 

any data quality and quantity issues in conjunction with 

State officials. 

(2) CONSULTATION.—The Administrator shall consult with 

State officials and the Federal Energy Regulatory Commission 

on a regular basis in— 

(A) establishing guidelines and determining the scope 

of State-level data under paragraph (1); and 

(B) exploring ways to address data needs and serve 

data uses. 

(d) ASSESSMENT OF STATE DATA NEEDS.—Not later than 1 

year after the date of enactment of this Act, the Administrator 

shall submit to Congress an assessment of State-level data needs, 

including a plan to address the needs. 

(e) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

other amounts made available to the Administrator, there are 

authorized to be appropriated to the Administrator to carry out 

this section— 

(1) $10,000,000 for fiscal year 2008; 

(2) $10,000,000 for fiscal year 2009; 

(3) $10,000,000 for fiscal year 2010; 

(4) $15,000,000 for fiscal year 2011; 

(5) $20,000,000 for fiscal year 2012; and 

(6) such sums as are necessary for subsequent fiscal years. 

SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE 

RESOURCES TO GENERATE ENERGY. 

(a) FINDINGS.—Congress finds that— 

(1) the United States has a quantity of renewable energy 

resources that is sufficient to supply a significant portion of 

the energy needs of the United States; 

(2) the agricultural, forestry, and working land of the 

United States can help ensure a sustainable domestic energy 

system; 

(3) accelerated development and use of renewable energy 

technologies provide numerous benefits to the United States, 

including improved national security, improved balance of payments, healthier rural economies, improved environmental 

quality, and abundant, reliable, and affordable energy for all 

citizens of the United States; 

(4) the production of transportation fuels from renewable 

energy would help the United States meet rapidly growing 

domestic and global energy demands, reduce the dependence 

of the United States on energy imported from volatile regions 

of the world that are politically unstable, stabilize the cost 

and availability of energy, and safeguard the economy and 

security of the United States; 

(5) increased energy production from domestic renewable 

resources would attract substantial new investments in energy 

infrastructure, create economic growth, develop new jobs for 

the citizens of the United States, and increase the income 

for farm, ranch, and forestry jobs in the rural regions of the 

United States; 

(6) increased use of renewable energy is practical and can 

be cost effective with the implementation of supportive policies 

and proper incentives to stimulate markets and infrastructure; 

and 

42 USC 17285. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1723 

(7) public policies aimed at enhancing renewable energy 

production and accelerating technological improvements will 

further reduce energy costs over time and increase market 

demand. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

it is the goal of the United States that, not later than January 

1, 2025, the agricultural, forestry, and working land of the United 

States should— 

(1) provide from renewable resources not less than 25 percent of the total energy consumed in the United States; and 

(2) continue to produce safe, abundant, and affordable food, 

feed, and fiber. 

SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, 

AND PRIORITY ACTIVITIES. 

(a) IN GENERAL.—Not later than January 1, 2012, the Secretary 

of the Interior, acting through the Director of the United States 

Geological Survey, shall— 

(1) complete a comprehensive nationwide geothermal 

resource assessment that examines the full range of geothermal 

resources in the United States; and 

(2) submit to the the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report describing the 

results of the assessment. 

(b) PERIODIC UPDATES.—At least once every 10 years, the Secretary shall update the national assessment required under this 

section to support public and private sector decisionmaking. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of the Interior to carry out 

this section— 

(1) $15,000,000 for each of fiscal years 2008 through 2012; 

and 

(2) such sums as are necessary for each of fiscal years 

2013 through 2022. 

Subtitle B—Prohibitions on Market 

Manipulation and False Information 

SEC. 811. PROHIBITION ON MARKET MANIPULATION. 

It is unlawful for any person, directly or indirectly, to use 

or employ, in connection with the purchase or sale of crude oil 

gasoline or petroleum distillates at wholesale, any manipulative 

or deceptive device or contrivance, in contravention of such rules 

and regulations as the Federal Trade Commission may prescribe 

as necessary or appropriate in the public interest or for the protection of United States citizens. 

SEC. 812. PROHIBITION ON FALSE INFORMATION. 

It is unlawful for any person to report information related 

to the wholesale price of crude oil gasoline or petroleum distillates 

to a Federal department or agency if— 

(1) the person knew, or reasonably should have known, 

the information to be false or misleading; 

(2) the information was required by law to be reported; 

and 

42 USC 17302. 

42 USC 17301. 

Reports. 

Deadlines. 

42 USC 17286. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1724 PUBLIC LAW 110–140—DEC. 19, 2007 

(3) the person intended the false or misleading data to 

affect data compiled by the department or agency for statistical 

or analytical purposes with respect to the market for crude 

oil, gasoline, or petroleum distillates. 

SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 

(a) ENFORCEMENT.—This subtitle shall be enforced by the Federal Trade Commission in the same manner, by the same means, 

and with the same jurisdiction as though all applicable terms 

of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 

incorporated into and made a part of this subtitle. 

(b) VIOLATION IS TREATED AS UNFAIR OR DECEPTIVE ACT OR

PRACTICE.—The violation of any provision of this subtitle shall 

be treated as an unfair or deceptive act or practice proscribed 

under a rule issued under section 18(a)(1)(B) of the Federal Trade 

Commission Act (15 U.S.C. 57a(a)(1)(B)). 

SEC. 814. PENALTIES. 

(a) CIVIL PENALTY.—In addition to any penalty applicable under 

the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any 

supplier that violates section 811 or 812 shall be punishable by 

a civil penalty of not more than $1,000,000. 

(b) METHOD.—The penalties provided by subsection (a) shall 

be obtained in the same manner as civil penalties imposed under 

section 5 of the Federal Trade Commission Act (15 U.S.C. 45). 

(c) MULTIPLE OFFENSES; MITIGATING FACTORS.—In assessing 

the penalty provided by subsection (a)— 

(1) each day of a continuing violation shall be considered 

a separate violation; and 

(2) the court shall take into consideration, among other 

factors— 

(A) the seriousness of the violation; and 

(B) the efforts of the person committing the violation 

to remedy the harm caused by the violation in a timely 

manner. 

SEC. 815. EFFECT ON OTHER LAWS. 

(a) OTHER AUTHORITY OF THE COMMISSION.—Nothing in this 

subtitle limits or affects the authority of the Federal Trade Commission to bring an enforcement action or take any other measure 

under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 

or any other provision of law. 

(b) ANTITRUST LAW.—Nothing in this subtitle shall be construed 

to modify, impair, or supersede the operation of any of the antitrust 

laws. For purposes of this subsection, the term ‘‘antitrust laws’’ 

shall have the meaning given it in subsection (a) of the first section 

of the Clayton Act (15 U.S.C. 12), except that it includes section 

5 of the Federal Trade Commission Act (15 U.S.C. 45) to the 

extent that such section 5 applies to unfair methods of competition. 

(c) STATE LAW.—Nothing in this subtitle preempts any State 

law. 

42 USC 17305. 

42 USC 17304. 

42 USC 17303. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1725 

TITLE IX—INTERNATIONAL ENERGY 

PROGRAMS 

SEC. 901. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and 

(B) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee 

on Environment and Public Works, and the Committee 

on Commerce, Science, and Transportation of the Senate. 

(2) CLEAN AND EFFICIENT ENERGY TECHNOLOGY.—The term 

‘‘clean and efficient energy technology’’ means an energy supply 

or end-use technology that, compared to a similar technology 

already in widespread commercial use in a recipient country, 

will— 

(A) reduce emissions of greenhouse gases; or 

(B)(i) increase efficiency of energy production; or 

(ii) decrease intensity of energy usage. 

(3) GREENHOUSE GAS.—The term ‘‘greenhouse gas’’ means— 

(A) carbon dioxide; 

(B) methane; 

(C) nitrous oxide; 

(D) hydrofluorocarbons; 

(E) perfluorocarbons; or 

(F) sulfur hexafluoride. 

Subtitle A—Assistance to Promote Clean 

and Efficient Energy Technologies in 

Foreign Countries 

SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES. 

(a) ASSISTANCE AUTHORIZED.—The Administrator of the United 

States Agency for International Development shall support policies 

and programs in developing countries that promote clean and efficient energy technologies— 

(1) to produce the necessary market conditions for the 

private sector delivery of energy and environmental management services; 

(2) to create an environment that is conducive to accepting 

clean and efficient energy technologies that support the overall 

purpose of reducing greenhouse gas emissions, including— 

(A) improving policy, legal, and regulatory frameworks; 

(B) increasing institutional abilities to provide energy 

and environmental management services; and 

(C) increasing public awareness and participation in 

the decision-making of delivering energy and environmental management services; and 

42 USC 17331. 

42 USC 17321. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1726 PUBLIC LAW 110–140—DEC. 19, 2007 

(3) to promote the use of American-made clean and efficient 

energy technologies, products, and energy and environmental 

management services. 

(b) REPORT.—The Administrator of the United States Agency 

for International Development shall submit to the appropriate 

congressional committees an annual report on the implementation 

of this section for each of the fiscal years 2008 through 2012. 

(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Administrator 

of the United States Agency for International Development 

$200,000,000 for each of the fiscal years 2008 through 2012. 

SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR 

INDIA, CHINA, AND OTHER COUNTRIES. 

(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall 

direct the United States and Foreign Commercial Service to expand 

or create a corps of the Foreign Commercial Service officers to 

promote United States exports in clean and efficient energy technologies and build the capacity of government officials in India, 

China, and any other country the Secretary of Commerce determines appropriate, to become more familiar with the available 

technologies— 

(1) by assigning or training Foreign Commercial Service 

attache ́s, who have expertise in clean and efficient energy technologies from the United States, to embark on business development and outreach efforts to such countries; and 

(2) by deploying the attache ́s described in paragraph (1) 

to educate provincial, state, and local government officials in 

such countries on the variety of United States-based technologies in clean and efficient energy technologies for the purposes of promoting United States exports and reducing global 

greenhouse gas emissions. 

(b) REPORT.—The Secretary of Commerce shall submit to the 

appropriate congressional committees an annual report on the 

implementation of this section for each of the fiscal years 2008 

through 2012. 

(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Secretary of 

Commerce such sums as may be necessary for each of the fiscal 

years 2008 through 2012. 

SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE 

SECTOR TRADE AND INVESTMENT. 

(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall 

direct the International Trade Administration to expand or create 

trade missions to and from the United States to encourage private 

sector trade and investment in clean and efficient energy technologies— 

(1) by organizing and facilitating trade missions to foreign 

countries and by matching United States private sector companies with opportunities in foreign markets so that clean and 

efficient energy technologies can help to combat increases in 

global greenhouse gas emissions; and 

(2) by creating reverse trade missions in which the Department of Commerce facilitates the meeting of foreign private 

and public sector organizations with private sector companies 

in the United States for the purpose of showcasing clean and 

42 USC 17333. 

42 USC 17332. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1727 

efficient energy technologies in use or in development that 

could be exported to other countries. 

(b) REPORT.—The Secretary of Commerce shall submit to the 

appropriate congressional committees an annual report on the 

implementation of this section for each of the fiscal years 2008 

through 2012. 

(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Secretary of 

Commerce such sums as may be necessary for each of the fiscal 

years 2008 through 2012. 

SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Overseas Private Investment Corporation should promote 

greater investment in clean and efficient energy technologies by— 

(1) proactively reaching out to United States companies 

that are interested in investing in clean and efficient energy 

technologies in countries that are significant contributors to 

global greenhouse gas emissions; 

(2) giving preferential treatment to the evaluation and 

awarding of projects that involve the investment or utilization 

of clean and efficient energy technologies; and 

(3) providing greater flexibility in supporting projects that 

involve the investment or utilization of clean and efficient 

energy technologies, including financing, insurance, and other 

assistance. 

(b) REPORT.—The Overseas Private Investment Corporation 

shall include in its annual report required under section 240A 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)— 

(1) a description of the activities carried out to implement 

this section; or 

(2) if the Corporation did not carry out any activities to 

implement this section, an explanation of the reasons therefor. 

SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT 

AGENCY. 

(a) ASSISTANCE AUTHORIZED.—The Director of the Trade and 

Development Agency shall establish or support policies that— 

(1) proactively seek opportunities to fund projects that 

involve the utilization of clean and efficient energy technologies, 

including in trade capacity building and capital investment 

projects; 

(2) where appropriate, advance the utilization of clean and 

efficient energy technologies, particularly to countries that have 

the potential for significant reduction in greenhouse gas emissions; and 

(3) recruit and retain individuals with appropriate expertise 

or experience in clean, renewable, and efficient energy technologies to identify and evaluate opportunities for projects that 

involve clean and efficient energy technologies and services. 

(b) REPORT.—The President shall include in the annual report 

on the activities of the Trade and Development Agency required 

under section 661(d) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2421(d)) a description of the activities carried out to implement this section. 

President. 

42 USC 17335. 

42 USC 17334. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1728 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT 

ENERGY TECHNOLOGIES AND INVESTMENT IN GLOBAL 

ENERGY MARKETS. 

(a) TASK FORCE.— 

(1) ESTABLISHMENT.—Not later than 90 days after the date 

of the enactment of this Act, the President shall establish 

a Task Force on International Cooperation for Clean and Efficient Energy Technologies (in this section referred to as the 

‘‘Task Force’’). 

(2) COMPOSITION.—The Task Force shall be composed of 

representatives, appointed by the head of the respective Federal 

department or agency, of— 

(A) the Council on Environmental Quality; 

(B) the Department of Energy; 

(C) the Department of Commerce; 

(D) the Department of the Treasury; 

(E) the Department of State; 

(F) the Environmental Protection Agency; 

(G) the United States Agency for International 

Development; 

(H) the Export-Import Bank of the United States; 

(I) the Overseas Private Investment Corporation: 

(J) the Trade and Development Agency; 

(K) the Small Business Administration; 

(L) the Office of the United States Trade Representative; and 

(M) other Federal departments and agencies, as determined by the President. 

(3) CHAIRPERSON.—The President shall designate a Chairperson or Co-Chairpersons of the Task Force. 

(4) DUTIES.—The Task Force— 

(A) shall develop and assist in the implementation 

of the strategy required under subsection (c); and 

(B)(i) shall analyze technology, policy, and market 

opportunities for the development, demonstration, and 

deployment of clean and efficient energy technologies on 

an international basis; and 

(ii) shall examine relevant trade, tax, finance, international, and other policy issues to assess which policies, 

in the United States and in developing countries, would 

help open markets and improve the export of clean and 

efficient energy technologies from the United States. 

(5) TERMINATION.—The Task Force, including any working 

group established by the Task Force pursuant to subsection 

(b), shall terminate 12 years after the date of the enactment 

of this Act. 

(b) WORKING GROUPS.— 

(1) ESTABLISHMENT.—The Task Force— 

(A) shall establish an Interagency Working Group on 

the Export of Clean and Efficient Energy Technologies 

(in this section referred to as the ‘‘Interagency Working 

Group’’); and 

(B) may establish other working groups as may be 

necessary to carry out this section. 

(2) COMPOSITION.—The Interagency Working Group shall 

be composed of— 

Deadline. 

President. 

42 USC 17336. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1729 

(A) the Secretary of Energy, the Secretary of Commerce, and the Secretary of State, who shall serve as 

Co-Chairpersons of the Interagency Working Group; and 

(B) other members, as determined by the Chairperson 

or Co-Chairpersons of the Task Force. 

(3) DUTIES.—The Interagency Working Group shall coordinate the resources and relevant programs of the Department 

of Energy, the Department of Commerce, the Department of 

State, and other relevant Federal departments and agencies 

to support the export of clean and efficient energy technologies 

developed or demonstrated in the United States to other countries and the deployment of such clean and efficient energy 

technologies in such other countries. 

(4) INTERAGENCY CENTER.—The Interagency Working 

Group— 

(A) shall establish an Interagency Center on the Export 

of Clean and Efficient Energy Technologies (in this section 

referred to as the ‘‘Interagency Center’’) to assist the Interagency Working Group in carrying out its duties required 

under paragraph (3); and 

(B) shall locate the Interagency Center at a site agreed 

upon by the Co-Chairpersons of the Interagency Working 

Group, with the approval of the Chairperson or Co-Chairpersons of the Task Force. 

(c) STRATEGY.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this Act, the Task Force shall develop 

and submit to the President and the appropriate congressional 

committees a strategy to— 

(A) support the development and implementation of 

programs, policies, and initiatives in developing countries 

to promote the adoption and deployment of clean and efficient energy technologies, with an emphasis on those developing countries that are expected to experience the most 

significant growth in energy production and use over the 

next 20 years; 

(B) open and expand clean and efficient energy technology markets and facilitate the export of clean and efficient energy technologies to developing countries, in a 

manner consistent with United States obligations as a 

member of the World Trade Organization; 

(C) integrate into the foreign policy objectives of the 

United States the promotion of— 

(i) the deployment of clean and efficient energy 

technologies and the reduction of greenhouse gas emissions in developing countries; and 

(ii) the export of clean and efficient energy technologies; and 

(D) develop financial mechanisms and instruments, 

including securities that mitigate the political and foreign 

exchange risks of uses that are consistent with the foreign 

policy objectives of the United States by combining the 

private sector market and government enhancements, 

that— 

(i) are cost-effective; and 

Deadline. 

Establishment. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1730 PUBLIC LAW 110–140—DEC. 19, 2007 

(ii) facilitate private capital investment in clean 

and efficient energy technology projects in developing 

countries. 

(2) UPDATES.—Not later than 3 years after the date of 

submission of the strategy under paragraph (1), and every 

3 years thereafter, the Task Force shall update the strategy 

in accordance with the requirements of paragraph (1). 

(d) REPORT.— (1) IN GENERAL.—Not later than 3 years after the date 

of submission of the strategy under subsection (c)(1), and every 

3 years thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation 

of this section for the prior 3-year period. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the following: 

(A) The update of the strategy required under subsection (c)(2) and a description of the actions taken by 

the Task Force to assist in the implementation of the 

strategy. 

(B) A description of actions taken by the Task Force 

to carry out the duties required under subsection (a)(4)(B). 

(C) A description of assistance provided under this 

section. 

(D) The results of programs, projects, and activities 

carried out under this section. 

(E) A description of priorities for promoting the diffusion and adoption of clean and efficient energy technologies 

and strategies in developing countries, taking into account 

economic and security interests of the United States and 

opportunities for the export of technology of the United 

States. 

(F) Recommendations to the heads of appropriate Federal departments and agencies on methods to streamline 

Federal programs and policies to improve the role of such 

Federal departments and agencies in the development, 

demonstration, and deployment of clean and efficient 

energy technologies on an international basis. 

(G) Strategies to integrate representatives of the private sector and other interested groups on the export and 

deployment of clean and efficient energy technologies. 

(H) A description of programs to disseminate information to the private sector and the public on clean and 

efficient energy technologies and opportunities to transfer 

such clean and efficient energy technologies. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $5,000,000 for each 

of fiscal years 2008 through 2020. 

SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION. 

(a) FINDINGS.—Congress finds that— 

(1) it is in the highest national security interests of the 

United States to develop renewable energy sources; 

(2) the State of Israel is a steadfast ally of the United 

States; 

(3) the special relationship between the United States and 

Israel is manifested in a variety of cooperative scientific 

research and development programs, such as— 

42 USC 17337. 

President. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1731 

(A) the United States-Israel Binational Science 

Foundation; and 

(B) the United States-Israel Binational Industrial 

Research and Development Foundation; 

(4) those programs have made possible many scientific, 

technological, and commercial breakthroughs in the fields of 

life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others; 

(5) on February 1, 1996, the Secretary of Energy (referred 

to in this section as the ‘‘Secretary’’) and the Israeli Minister 

of Energy and Infrastructure signed an agreement to establish 

a framework for collaboration between the United States and 

Israel in energy research and development activities; 

(6) Israeli scientists and engineers are at the forefront 

of research and development in the field of renewable energy 

sources; and 

(7) enhanced cooperation between the United States and 

Israel for the purpose of research and development of renewable 

energy sources would be in the national interests of both countries. 

(b) GRANT PROGRAM.— 

(1) ESTABLISHMENT.—In implementing the agreement entitled the ‘‘Agreement between the Department of Energy of 

the United States of America and the Ministry of Energy and 

Infrastructure of Israel Concerning Energy Cooperation’’, dated 

February 1, 1996, the Secretary shall establish a grant program 

in accordance with the requirements of sections 988 and 989 

of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353) 

to support research, development, and commercialization of 

renewable energy or energy efficiency. 

(2) TYPES OF ENERGY.—In carrying out paragraph (1), the 

Secretary may make grants to promote— 

(A) solar energy; 

(B) biomass energy; 

(C) energy efficiency; 

(D) wind energy; 

(E) geothermal energy; 

(F) wave and tidal energy; and 

(G) advanced battery technology. 

(3) ELIGIBLE APPLICANTS.—An applicant shall be eligible 

to receive a grant under this subsection if the project of the 

applicant— 

(A) addresses a requirement in the area of improved 

energy efficiency or renewable energy sources, as determined by the Secretary; and 

(B) is a joint venture between— 

(i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of 

the Energy Policy Act of 2005 (42 U.S.C. 15801)), or 

nonprofit entity in the United States; and 

(II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or 

(ii)(I) the Federal Government; and 

(II) the Government of Israel. 

(4) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, an applicant shall submit to the Secretary 

an application for the grant in accordance with procedures 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1732 PUBLIC LAW 110–140—DEC. 19, 2007 

established by the Secretary, in consultation with the advisory 

board established under paragraph (5). 

(5) ADVISORY BOARD.— 

(A) ESTABLISHMENT.—The Secretary shall establish an 

advisory board— 

(i) to monitor the method by which grants are 

awarded under this subsection; and 

(ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. 

(B) COMPOSITION.—The advisory board established 

under subparagraph (A) shall be composed of 3 members, 

to be appointed by the Secretary, of whom— 

(i) 1 shall be a representative of the Federal 

Government; 

(ii) 1 shall be selected from a list of nominees 

provided by the United States-Israel Binational Science 

Foundation; and 

(iii) 1 shall be selected from a list of nominees 

provided by the United States-Israel Binational Industrial Research and Development Foundation. 

(6) CONTRIBUTED FUNDS.—Notwithstanding section 3302 

of title 31, United States Code, the Secretary may accept, 

retain, and use funds contributed by any person, government 

entity, or organization for purposes of carrying out this subsection— 

(A) without further appropriation; and 

(B) without fiscal year limitation. 

(7) REPORT.—Not later than 180 days after the date of 

completion of a project for which a grant is provided under 

this subsection, the grant recipient shall submit to the Secretary a report that contains— 

(A) a description of the method by which the recipient 

used the grant funds; and 

(B) an evaluation of the level of success of each project 

funded by the grant. 

(8) CLASSIFICATION.—Grants shall be awarded under this 

subsection only for projects that are considered to be unclassified by both the United States and Israel. 

(c) TERMINATION.—The grant program and the advisory committee established under this section terminate on the date that 

is 7 years after the date of enactment of this Act. 

(d) AUTHORIZATION OF APPROPRIATIONS.—The Secretary shall 

use amounts authorized to be appropriated under section 931 of 

the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out 

this section. 

Subtitle B—International Clean Energy 

Foundation 

SEC. 921. DEFINITIONS. 

In this subtitle: 

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Foundation established pursuant to section 922(c). 

42 USC 17351. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1733 

(2) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive 

Officer’’ means the chief executive officer of the Foundation 

appointed pursuant to section 922(b). 

(3) FOUNDATION.—The term ‘‘Foundation’’ means the International Clean Energy Foundation established by section 

922(a). 

SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—There is established in the executive 

branch a foundation to be known as the ‘‘International Clean 

Energy Foundation’’ that shall be responsible for carrying out 

the provisions of this subtitle. The Foundation shall be a 

government corporation, as defined in section 103 of title 5, 

United States Code. 

(2) BOARD OF DIRECTORS.—The Foundation shall be governed by a Board of Directors in accordance with subsection 

(c). 

(3) INTENT OF CONGRESS.—It is the intent of Congress, 

in establishing the structure of the Foundation set forth in 

this subsection, to create an entity that serves the long-term 

foreign policy and energy security goals of reducing global 

greenhouse gas emissions. 

(b) CHIEF EXECUTIVE OFFICER.— 

(1) IN GENERAL.—There shall be in the Foundation a Chief 

Executive Officer who shall be responsible for the management 

of the Foundation. 

(2) APPOINTMENT.—The Chief Executive Officer shall be 

appointed by the Board, with the advice and consent of the 

Senate, and shall be a recognized leader in clean and efficient 

energy technologies and climate change and shall have experience in energy security, business, or foreign policy, chosen 

on the basis of a rigorous search. 

(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer 

shall report to, and be under the direct authority of, the Board. 

(4) COMPENSATION AND RANK.— 

(A) IN GENERAL.—The Chief Executive Officer shall 

be compensated at the rate provided for level III of the 

Executive Schedule under section 5314 of title 5, United 

States Code. 

(B) AMENDMENT.—Section 5314 of title 5, United States 

Code, is amended by adding at the end the following: 

‘‘Chief Executive Officer, International Clean Energy Foundation.’’. 

(C) AUTHORITIES AND DUTIES.—The Chief Executive 

Officer shall be responsible for the management of the 

Foundation and shall exercise the powers and discharge 

the duties of the Foundation. 

(D) AUTHORITY TO APPOINT OFFICERS.—In consultation 

and with approval of the Board, the Chief Executive Officer 

shall appoint all officers of the Foundation. 

(c) BOARD OF DIRECTORS.— 

(1) ESTABLISHMENT.—There shall be in the Foundation a 

Board of Directors. 

(2) DUTIES.—The Board shall perform the functions specified to be carried out by the Board in this subtitle and may 

prescribe, amend, and repeal bylaws, rules, regulations, and 

42 USC 17352. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1734 PUBLIC LAW 110–140—DEC. 19, 2007 

procedures governing the manner in which the business of 

the Foundation may be conducted and in which the powers 

granted to it by law may be exercised. 

(3) MEMBERSHIP.—The Board shall consist of— 

(A) the Secretary of State (or the Secretary’s designee), 

the Secretary of Energy (or the Secretary’s designee), and 

the Administrator of the United States Agency for International Development (or the Administrator’s designee); 

and 

(B) four other individuals with relevant experience in 

matters relating to energy security (such as individuals 

who represent institutions of energy policy, business 

organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, 

of whom— 

(i) one individual shall be appointed from among 

a list of individuals submitted by the Majority Leader 

of the House of Representatives; 

(ii) one individual shall be appointed from among 

a list of individuals submitted by the Minority Leader 

of the House of Representatives; 

(iii) one individual shall be appointed from among 

a list of individuals submitted by the Majority Leader 

of the Senate; and 

(iv) one individual shall be appointed from among 

a list of individuals submitted by the Minority Leader 

of the Senate. 

(4) CHIEF EXECUTIVE OFFICER.—The Chief Executive Officer 

of the Foundation shall serve as a nonvoting, ex officio member 

of the Board. 

(5) TERMS.— 

(A) OFFICERS OF THE FEDERAL GOVERNMENT.—Each 

member of the Board described in paragraph (3)(A) shall 

serve for a term that is concurrent with the term of service 

of the individual’s position as an officer within the other 

Federal department or agency. 

(B) OTHER MEMBERS.—Each member of the Board 

described in paragraph (3)(B) shall be appointed for a term 

of 3 years and may be reappointed for a term of an additional 3 years. 

(C) VACANCIES.—A vacancy in the Board shall be filled 

in the manner in which the original appointment was made. 

(D) ACTING MEMBERS.—A vacancy in the Board may 

be filled with an appointment of an acting member by 

the Chairperson of the Board for up to 1 year while a 

nominee is named and awaits confirmation in accordance 

with paragraph (3)(B). 

(6) CHAIRPERSON.—There shall be a Chairperson of the 

Board. The Secretary of State (or the Secretary’s designee) 

shall serve as the Chairperson. 

(7) QUORUM.—A majority of the members of the Board 

described in paragraph (3) shall constitute a quorum, which, 

except with respect to a meeting of the Board during the 

135-day period beginning on the date of the enactment of this 

Act, shall include at least 1 member of the Board described 

in paragraph (3)(B). 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1735 

(8) MEETINGS.—The Board shall meet at the call of the 

Chairperson, who shall call a meeting no less than once a 

year. 

(9) COMPENSATION.— 

(A) OFFICERS OF THE FEDERAL GOVERNMENT.— 

(i) IN GENERAL.—A member of the Board described 

in paragraph (3)(A) may not receive additional pay, 

allowances, or benefits by reason of the member’s 

service on the Board. 

(ii) TRAVEL EXPENSES.—Each such member of the 

Board shall receive travel expenses, including per diem 

in lieu of subsistence, in accordance with applicable 

provisions under subchapter I of chapter 57 of title 

5, United States Code. 

(B) OTHER MEMBERS.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

a member of the Board described in paragraph (3)(B)— 

(I) shall be paid compensation out of funds 

made available for the purposes of this subtitle 

at the daily equivalent of the highest rate payable 

under section 5332 of title 5, United States Code, 

for each day (including travel time) during which 

the member is engaged in the actual performance 

of duties as a member of the Board; and 

(II) while away from the member’s home or 

regular place of business on necessary travel in 

the actual performance of duties as a member 

of the Board, shall be paid per diem, travel, and 

transportation expenses in the same manner as 

is provided under subchapter I of chapter 57 of 

title 5, United States Code. 

(ii) LIMITATION.—A member of the Board may not 

be paid compensation under clause (i)(II) for more than 

90 days in any calendar year. 

SEC. 923. DUTIES OF FOUNDATION. 

The Foundation shall— 

(1) use the funds authorized by this subtitle to make grants 

to promote projects outside of the United States that serve 

as models of how to significantly reduce the emissions of global 

greenhouse gases through clean and efficient energy technologies, processes, and services; 

(2) seek contributions from foreign governments, especially 

those rich in energy resources such as member countries of 

the Organization of the Petroleum Exporting Countries, and 

private organizations to supplement funds made available 

under this subtitle; 

(3) harness global expertise through collaborative partnerships with foreign governments and domestic and foreign private actors, including nongovernmental organizations and private sector companies, by leveraging public and private capital, 

technology, expertise, and services towards innovative models 

that can be instituted to reduce global greenhouse gas emissions; 

(4) create a repository of information on best practices 

and lessons learned on the utilization and implementation of 

42 USC 17353. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1736 PUBLIC LAW 110–140—DEC. 19, 2007 

clean and efficient energy technologies and processes to be 

used for future initiatives to tackle the climate change crisis; 

(5) be committed to minimizing administrative costs and 

to maximizing the availability of funds for grants under this 

subtitle; and 

(6) promote the use of American-made clean and efficient 

energy technologies, processes, and services by giving preference to entities incorporated in the United States and whose 

technology will be substantially manufactured in the United 

States. 

SEC. 924. ANNUAL REPORT. 

(a) REPORT REQUIRED.—Not later than March 31, 2008, and 

each March 31 thereafter, the Foundation shall submit to the 

appropriate congressional committees a report on the implementation of this subtitle during the prior fiscal year. 

(b) CONTENTS.—The report required by subsection (a) shall 

include— 

(1) the total financial resources available to the Foundation 

during the year, including appropriated funds, the value and 

source of any gifts or donations accepted pursuant to section 

925(a)(6), and any other resources; 

(2) a description of the Board’s policy priorities for the 

year and the basis upon which competitive grant proposals 

were solicited and awarded to nongovernmental institutions 

and other organizations; 

(3) a list of grants made to nongovernmental institutions 

and other organizations that includes the identity of the institutional recipient, the dollar amount, and the results of the program; and 

(4) the total administrative and operating expenses of the 

Foundation for the year, as well as specific information on— 

(A) the number of Foundation employees and the cost 

of compensation for Board members, Foundation employees, and personal service contractors; 

(B) costs associated with securing the use of real property for carrying out the functions of the Foundation; 

(C) total travel expenses incurred by Board members 

and Foundation employees in connection with Foundation 

activities; and 

(D) total representational expenses. 

SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS. 

(a) POWERS.—The Foundation— 

(1) shall have perpetual succession unless dissolved by 

a law enacted after the date of the enactment of this Act; 

(2) may adopt, alter, and use a seal, which shall be 

judicially noticed; 

(3) may make and perform such contracts, grants, and 

other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation; 

(4) may determine and prescribe the manner in which 

its obligations shall be incurred and its expenses allowed and 

paid, including expenses for representation; 

(5) may lease, purchase, or otherwise acquire, improve, 

and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation; 

42 USC 17355. 

42 USC 17354. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1737 

(6) may accept money, funds, services, or property (real, 

personal, or mixed), tangible or intangible, made available by 

gift, bequest grant, or otherwise for the purpose of carrying 

out the provisions of this title from domestic or foreign private 

individuals, charities, nongovernmental organizations, corporations, or governments; 

(7) may use the United States mails in the same manner 

and on the same conditions as the executive departments; 

(8) may contract with individuals for personal services, 

who shall not be considered Federal employees for any provision 

of law administered by the Office of Personnel Management; 

(9) may hire or obtain passenger motor vehicles; and 

(10) shall have such other powers as may be necessary 

and incident to carrying out this subtitle. 

(b) PRINCIPAL OFFICE.—The Foundation shall maintain its principal office in the metropolitan area of Washington, District of 

Columbia. 

(c) APPLICABILITY OF GOVERNMENT CORPORATION CONTROL

ACT.— 

(1) IN GENERAL.—The Foundation shall be subject to 

chapter 91 of subtitle VI of title 31, United States Code, except 

that the Foundation shall not be authorized to issue obligations 

or offer obligations to the public. 

(2) CONFORMING AMENDMENT.—Section 9101(3) of title 31, 

United States Code, is amended by adding at the end the 

following: 

‘‘(R) the International Clean Energy Foundation.’’. 

(d) INSPECTOR GENERAL.— 

(1) IN GENERAL.—The Inspector General of the Department 

of State shall serve as Inspector General of the Foundation, 

and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation. 

(2) AUTHORITY OF THE BOARD.—In carrying out the responsibilities under this subsection, the Inspector General shall 

report to and be under the general supervision of the Board. 

(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES.— 

(A) REIMBURSEMENT.—The Foundation shall reimburse 

the Department of State for all expenses incurred by the 

Inspector General in connection with the Inspector General’s responsibilities under this subsection. 

(B) AUTHORIZATION FOR SERVICES.—Of the amount 

authorized to be appropriated under section 927(a) for a 

fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State 

to conduct reviews, investigations, and inspections of operations and activities of the Foundation. 

SEC. 926. GENERAL PERSONNEL AUTHORITIES. 

(a) DETAIL OF PERSONNEL.—Upon request of the Chief Executive Officer, the head of an agency may detail any employee of 

such agency to the Foundation on a reimbursable basis. Any 

employee so detailed remains, for the purpose of preserving such 

employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. 

(b) REEMPLOYMENT RIGHTS.— 

42 USC 17356. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1738 PUBLIC LAW 110–140—DEC. 19, 2007 

(1) IN GENERAL.—An employee of an agency who is serving 

under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, 

transfers to the Foundation, is entitled to be reemployed in 

such employee’s former position or a position of like seniority, 

status, and pay in such agency, if such employee— 

(A) is separated from the Foundation for any reason, 

other than misconduct, neglect of duty, or malfeasance; 

and 

(B) applies for reemployment not later than 90 days 

after the date of separation from the Foundation. 

(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph 

(1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, 

on reemployment, is entitled to at least the rate of basic pay 

to which such employee would have been entitled had such 

employee never transferred. 

(c) HIRING AUTHORITY.—Of persons employed by the Foundation, no more than 30 persons may be appointed, compensated, 

or removed without regard to the civil service laws and regulations. 

(d) BASIC PAY.—The Chief Executive Officer may fix the rate 

of basic pay of employees of the Foundation without regard to 

the provisions of chapter 51 of title 5, United States Code (relating 

to the classification of positions), subchapter III of chapter 53 of 

such title (relating to General Schedule pay rates), except that 

no employee of the Foundation may receive a rate of basic pay 

that exceeds the rate for level IV of the Executive Schedule under 

section 5315 of such title. 

(e) DEFINITIONS.—In this section— 

(1) the term ‘‘agency’’ means an executive agency, as 

defined by section 105 of title 5, United States Code; and 

(2) the term ‘‘detail’’ means the assignment or loan of 

an employee, without a change of position, from the agency 

by which such employee is employed to the Foundation. 

SEC. 927. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subtitle, there are authorized to be appropriated $20,000,000 for each 

of the fiscal years 2009 through 2013. 

(b) ALLOCATION OF FUNDS.— 

(1) IN GENERAL.—The Foundation may allocate or transfer 

to any agency of the United States Government any of the 

funds available for carrying out this subtitle. Such funds shall 

be available for obligation and expenditure for the purposes 

for which the funds were authorized, in accordance with 

authority granted in this subtitle or under authority governing 

the activities of the United States Government agency to which 

such funds are allocated or transferred. 

(2) NOTIFICATION.—The Foundation shall notify the appropriate congressional committees not less than 15 days prior 

to an allocation or transfer of funds pursuant to paragraph 

(1). 

Deadline. 

42 USC 17357. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1739 

Subtitle C—Miscellaneous Provisions 

SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE. 

(a) STATE DEPARTMENT COORDINATOR FOR INTERNATIONAL

ENERGY AFFAIRS.— 

(1) IN GENERAL.—The Secretary of State should ensure 

that energy security is integrated into the core mission of 

the Department of State. 

(2) COORDINATOR FOR INTERNATIONAL ENERGY AFFAIRS.— 

There is established within the Office of the Secretary of State 

a Coordinator for International Energy Affairs, who shall be 

responsible for— 

(A) representing the Secretary of State in interagency 

efforts to develop the international energy policy of the 

United States; 

(B) ensuring that analyses of the national security 

implications of global energy and environmental developments are reflected in the decision making process within 

the Department of State; 

(C) incorporating energy security priorities into the 

activities of the Department of State; 

(D) coordinating energy activities of the Department 

of State with relevant Federal agencies; and 

(E) coordinating energy security and other relevant 

functions within the Department of State currently undertaken by offices within— 

(i) the Bureau of Economic, Energy and Business 

Affairs; 

(ii) the Bureau of Oceans and International 

Environmental and Scientific Affairs; and 

(iii) other offices within the Department of State. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to 

carry out this subsection. 

(b) ENERGY EXPERTS IN KEY EMBASSIES.—Not later than 180 

days after the date of the enactment of this Act, the Secretary 

of State shall submit a report to the Committee on Foreign Relations 

of the Senate and the Committee on Foreign Affairs of the House 

of Representatives that includes— 

(1) a description of the Department of State personnel 

who are dedicated to energy matters and are stationed at 

embassies and consulates in countries that are major energy 

producers or consumers; 

(2) an analysis of the need for Federal energy specialist 

personnel in United States embassies and other United States 

diplomatic missions; and 

(3) recommendations for increasing energy expertise within 

United States embassies among foreign service officers and 

options for assigning to such embassies energy attache ́s from 

the National Laboratories or other agencies within the Department of Energy. 

(c) ENERGY ADVISORS.—The Secretary of Energy may make 

appropriate arrangements with the Secretary of State to assign 

personnel from the Department of Energy or the National Laboratories of the Department of Energy to serve as dedicated advisors 

Deadline. 

Reports. 

42 USC 17371. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1740 PUBLIC LAW 110–140—DEC. 19, 2007 

on energy matters in embassies of the United States or other 

United States diplomatic missions. 

(d) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and every 2 years thereafter for the following 

20 years, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee 

on Foreign Affairs of the House of Representatives that describes— 

(1) the energy-related activities being conducted by the 

Department of State, including activities within— 

(A) the Bureau of Economic, Energy and Business 

Affairs; 

(B) the Bureau of Oceans and Environmental and Scientific Affairs; and 

(C) other offices within the Department of State; 

(2) the amount of funds spent on each activity within 

each office described in paragraph (1); and 

(3) the number and qualification of personnel in each 

embassy (or relevant foreign posting) of the United States 

whose work is dedicated exclusively to energy matters. 

SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION. 

Section 101(a) of the National Security Act of 1947 (50 U.S.C. 

402(a)) is amended— 

(1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and 

(2) by inserting after paragraph (4) the following: 

‘‘(5) the Secretary of Energy;’’. 

SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT. 

(a) REPORTS.— 

(1) IN GENERAL.—Subject to paragraph (2), on the date 

on which the President submits to Congress the budget for 

the following fiscal year under section 1105 of title 31, United 

States Code, the President shall submit to Congress a comprehensive report on the national energy security of the United 

States. 

(2) NEW PRESIDENTS.—In addition to the reports required 

under paragraph (1), the President shall submit a comprehensive report on the national energy security of the United States 

by not later than 150 days after the date on which the President 

assumes the office of President after a presidential election. 

(b) CONTENTS.—Each report under this section shall describe 

the national energy security strategy of the United States, including 

a comprehensive description of— 

(1) the worldwide interests, goals, and objectives of the 

United States that are vital to the national energy security 

of the United States; 

(2) the foreign policy, worldwide commitments, and national 

defense capabilities of the United States necessary— 

(A) to deter political manipulation of world energy 

resources; and 

(B) to implement the national energy security strategy 

of the United States; 

(3) the proposed short-term and long-term uses of the political, economic, military, and other authorities of the United 

States— 

(A) to protect or promote energy security; and 

President. 

42 USC 17372. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1741 

(B) to achieve the goals and objectives described in 

paragraph (1); 

(4) the adequacy of the capabilities of the United States 

to protect the national energy security of the United States, 

including an evaluation of the balance among the capabilities 

of all elements of the national authority of the United States 

to support the implementation of the national energy security 

strategy; and 

(5) such other information as the President determines 

to be necessary to inform Congress on matters relating to 

the national energy security of the United States. 

(c) CLASSIFIED AND UNCLASSIFIED FORM.—Each national energy 

security strategy report shall be submitted to Congress in— 

(1) a classified form; and 

(2) an unclassified form. 

SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR 

NUCLEAR DAMAGE CONTINGENT COST ALLOCATION. 

(a) FINDINGS AND PURPOSE.— 

(1) FINDINGS.—Congress finds that— 

(A) section 170 of the Atomic Energy Act of 1954 (42 

U.S.C. 2210) (commonly known as the ‘‘Price-Anderson 

Act’’)— 

(i) provides a predictable legal framework necessary for nuclear projects; and 

(ii) ensures prompt and equitable compensation 

in the event of a nuclear incident in the United States; 

(B) the Price-Anderson Act, in effect, provides operators 

of nuclear powerplants with insurance for damage arising 

out of a nuclear incident and funds the insurance primarily 

through the assessment of a retrospective premium from 

each operator after the occurrence of a nuclear incident; 

(C) the Convention on Supplementary Compensation 

for Nuclear Damage, done at Vienna on September 12, 

1997, will establish a global system— 

(i) to provide a predictable legal framework necessary for nuclear energy projects; and 

(ii) to ensure prompt and equitable compensation 

in the event of a nuclear incident; 

(D) the Convention benefits United States nuclear suppliers that face potentially unlimited liability for nuclear 

incidents that are not covered by the Price-Anderson Act 

by replacing a potentially open-ended liability with a 

predictable liability regime that, in effect, provides nuclear 

suppliers with insurance for damage arising out of such 

an incident; 

(E) the Convention also benefits United States nuclear 

facility operators that may be publicly liable for a PriceAnderson incident by providing an additional early source 

of funds to compensate damage arising out of the PriceAnderson incident; 

(F) the combined operation of the Convention, the 

Price-Anderson Act, and this section will augment the 

quantity of assured funds available for victims in a wider 

variety of nuclear incidents while reducing the potential 

liability of United States suppliers without increasing 

potential costs to United States operators; 

42 USC 17373. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1742 PUBLIC LAW 110–140—DEC. 19, 2007 

(G) the cost of those benefits is the obligation of the 

United States to contribute to the supplementary compensation fund established by the Convention; 

(H) any such contribution should be funded in a 

manner that does not— 

(i) upset settled expectations based on the liability 

regime established under the Price-Anderson Act; or 

(ii) shift to Federal taxpayers liability risks for 

nuclear incidents at foreign installations; 

(I) with respect to a Price-Anderson incident, funds 

already available under the Price-Anderson Act should be 

used; and 

(J) with respect to a nuclear incident outside the 

United States not covered by the Price-Anderson Act, a 

retrospective premium should be prorated among nuclear 

suppliers relieved from potential liability for which insurance is not available. 

(2) PURPOSE.—The purpose of this section is to allocate 

the contingent costs associated with participation by the United 

States in the international nuclear liability compensation 

system established by the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 

12, 1997— 

(A) with respect to a Price-Anderson incident, by using 

funds made available under section 170 of the Atomic 

Energy Act of 1954 (42 U.S.C. 2210) to cover the contingent 

costs in a manner that neither increases the burdens nor 

decreases the benefits under section 170 of that Act; and 

(B) with respect to a covered incident outside the 

United States that is not a Price-Anderson incident, by 

allocating the contingent costs equitably, on the basis of 

risk, among the class of nuclear suppliers relieved by the 

Convention from the risk of potential liability resulting 

from any covered incident outside the United States. 

(b) DEFINITIONS.—In this section: 

(1) COMMISSION.—The term ‘‘Commission’’ means the 

Nuclear Regulatory Commission. 

(2) CONTINGENT COST.—The term ‘‘contingent cost’’ means 

the cost to the United States in the event of a covered incident 

the amount of which is equal to the amount of funds the 

United States is obligated to make available under paragraph 

1(b) of Article III of the Convention. 

(3) CONVENTION.—The term ‘‘Convention’’ means the 

Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997. 

(4) COVERED INCIDENT.—The term ‘‘covered incident’’ means 

a nuclear incident the occurrence of which results in a request 

for funds pursuant to Article VII of the Convention. 

(5) COVERED INSTALLATION.—The term ‘‘covered installation’’ means a nuclear installation at which the occurrence 

of a nuclear incident could result in a request for funds under 

Article VII of the Convention. 

(6) COVERED PERSON.— 

(A) IN GENERAL.—The term ‘‘covered person’’ means— 

(i) a United States person; and 

(ii) an individual or entity (including an agency 

or instrumentality of a foreign country) that— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1743 

(I) is located in the United States; or 

(II) carries out an activity in the United 

States. 

(B) EXCLUSIONS.—The term ‘‘covered person’’ does not 

include— 

(i) the United States; or 

(ii) any agency or instrumentality of the United 

States. 

(7) NUCLEAR SUPPLIER.—The term ‘‘nuclear supplier’’ 

means a covered person (or a successor in interest of a covered 

person) that— 

(A) supplies facilities, equipment, fuel, services, or technology pertaining to the design, construction, operation, 

or decommissioning of a covered installation; or 

(B) transports nuclear materials that could result in 

a covered incident. 

(8) PRICE-ANDERSON INCIDENT.—The term ‘‘Price-Anderson 

incident’’ means a covered incident for which section 170 of 

the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make 

funds available to compensate for public liability (as defined 

in section 11 of that Act (42 U.S.C. 2014)). 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

(10) UNITED STATES.— 

(A) IN GENERAL.—The term ‘‘United States’’ has the 

meaning given the term in section 11 of the Atomic Energy 

Act of 1954 (42 U.S.C. 2014). 

(B) INCLUSIONS.—The term ‘‘United States’’ includes— 

(i) the Commonwealth of Puerto Rico; 

(ii) any other territory or possession of the United 

States; 

(iii) the Canal Zone; and 

(iv) the waters of the United States territorial 

sea under Presidential Proclamation Number 5928, 

dated December 27, 1988 (43 U.S.C. 1331 note). 

(11) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) any individual who is a resident, national, or citizen 

of the United States (other than an individual residing 

outside of the United States and employed by a person 

who is not a United States person); and 

(B) any corporation, partnership, association, joint 

stock company, business trust, unincorporated organization, or sole proprietorship that is organized under the 

laws of the United States. 

(c) USE OF PRICE-ANDERSON FUNDS.— 

(1) IN GENERAL.—Funds made available under section 170 

of the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be 

used to cover the contingent cost resulting from any PriceAnderson incident. 

(2) EFFECT.—The use of funds pursuant to paragraph (1) 

shall not reduce the limitation on public liability established 

under section 170 e. of the Atomic Energy Act of 1954 (42 

U.S.C. 2210(e)). 

(d) EFFECT ON AMOUNT OF PUBLIC LIABILITY.— (1) IN GENERAL.—Funds made available to the United 

States under Article VII of the Convention with respect to 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1744 PUBLIC LAW 110–140—DEC. 19, 2007 

a Price-Anderson incident shall be used to satisfy public liability 

resulting from the Price-Anderson incident. 

(2) AMOUNT.—The amount of public liability allowable 

under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 

2210) relating to a Price-Anderson incident under paragraph 

(1) shall be increased by an amount equal to the difference 

between— 

(A) the amount of funds made available for the PriceAnderson incident under Article VII of the Convention; 

and 

(B) the amount of funds used under subsection (c) 

to cover the contingent cost resulting from the Price-Anderson incident. 

(e) RETROSPECTIVE RISK POOLING PROGRAM.— 

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

each nuclear supplier shall participate in a retrospective risk 

pooling program in accordance with this section to cover the 

contingent cost resulting from a covered incident outside the 

United States that is not a Price-Anderson incident. 

(2) DEFERRED PAYMENT.— 

(A) IN GENERAL.—The obligation of a nuclear supplier 

to participate in the retrospective risk pooling program 

shall be deferred until the United States is called on to 

provide funds pursuant to Article VII of the Convention 

with respect to a covered incident that is not a PriceAnderson incident. 

(B) AMOUNT OF DEFERRED PAYMENT.—The amount of 

a deferred payment of a nuclear supplier under subparagraph (A) shall be based on the risk-informed assessment 

formula determined under subparagraph (C). 

(C) RISK-INFORMED ASSESSMENT FORMULA.— 

(i) IN GENERAL.—Not later than 3 years after the 

date of the enactment of this Act, and every 5 years 

thereafter, the Secretary shall, by regulation, determine the risk-informed assessment formula for the 

allocation among nuclear suppliers of the contingent 

cost resulting from a covered incident that is not a 

Price-Anderson incident, taking into account risk factors such as— 

(I) the nature and intended purpose of the 

goods and services supplied by each nuclear supplier to each covered installation outside the 

United States; 

(II) the quantity of the goods and services 

supplied by each nuclear supplier to each covered 

installation outside the United States; 

(III) the hazards associated with the supplied 

goods and services if the goods and services fail 

to achieve the intended purposes; 

(IV) the hazards associated with the covered 

installation outside the United States to which 

the goods and services are supplied; 

(V) the legal, regulatory, and financial infrastructure associated with the covered installation 

outside the United States to which the goods and 

services are supplied; and 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1745 

(VI) the hazards associated with particular 

forms of transportation. 

(ii) FACTORS FOR CONSIDERATION.—In determining 

the formula, the Secretary may— 

(I) exclude— 

(aa) goods and services with negligible 

risk; 

(bb) classes of goods and services not 

intended specifically for use in a nuclear 

installation; 

(cc) a nuclear supplier with a de minimis 

share of the contingent cost; and 

(dd) a nuclear supplier no longer in existence for which there is no identifiable successor; and 

(II) establish the period on which the risk 

assessment is based. 

(iii) APPLICATION.—In applying the formula, the 

Secretary shall not consider any covered installation 

or transportation for which funds would be available 

under section 170 of the Atomic Energy Act of 1954 

(42 U.S.C. 2210). 

(iv) REPORT.—Not later than 5 years after the 

date of the enactment of this Act, and every 5 years 

thereafter, the Secretary shall submit to the Committee 

on Environment and Public Works of the Senate and 

the Committee on Energy and Commerce of the House 

of Representatives, a report on whether there is a 

need for continuation or amendment of this section, 

taking into account the effects of the implementation 

of the Convention on the United States nuclear 

industry and suppliers. 

(f) REPORTING.— 

(1) COLLECTION OF INFORMATION.— 

(A) IN GENERAL.—The Secretary may collect information necessary for developing and implementing the formula for calculating the deferred payment of a nuclear 

supplier under subsection (e)(2). 

(B) PROVISION OF INFORMATION.—Each nuclear supplier and other appropriate persons shall make available 

to the Secretary such information, reports, records, documents, and other data as the Secretary determines, by 

regulation, to be necessary or appropriate to develop and 

implement the formula under subsection (e)(2)(C). 

(2) PRIVATE INSURANCE.—The Secretary shall make available to nuclear suppliers, and insurers of nuclear suppliers, 

information to support the voluntary establishment and maintenance of private insurance against any risk for which nuclear 

suppliers may be required to pay deferred payments under 

this section. 

(g) EFFECT ON LIABILITY.—Nothing in any other law (including 

regulations) limits liability for a covered incident to an amount 

equal to less than the amount prescribed in paragraph 1(a) of 

Article IV of the Convention, unless the law— 

(1) specifically refers to this section; and 

(2) explicitly repeals, alters, amends, modifies, impairs, 

displaces, or supersedes the effect of this subsection. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1746 PUBLIC LAW 110–140—DEC. 19, 2007 

(h) PAYMENTS TO AND BY THE UNITED STATES.— 

(1) ACTION BY NUCLEAR SUPPLIERS.— 

(A) NOTIFICATION.—In the case of a request for funds 

under Article VII of the Convention resulting from a covered incident that is not a Price-Anderson incident, the 

Secretary shall notify each nuclear supplier of the amount 

of the deferred payment required to be made by the nuclear 

supplier. 

(B) PAYMENTS.— 

(i) IN GENERAL.—Except as provided under clause 

(ii), not later than 60 days after receipt of a notification 

under subparagraph (A), a nuclear supplier shall pay 

to the general fund of the Treasury the deferred payment of the nuclear supplier required under subparagraph (A). 

(ii) ANNUAL PAYMENTS.—A nuclear supplier may 

elect to prorate payment of the deferred payment 

required under subparagraph (A) in 5 equal annual 

payments (including interest on the unpaid balance 

at the prime rate prevailing at the time the first payment is due). 

(C) VOUCHERS.—A nuclear supplier shall submit payment certification vouchers to the Secretary of the Treasury 

in accordance with section 3325 of title 31, United States 

Code. 

(2) USE OF FUNDS.— 

(A) IN GENERAL.—Amounts paid into the Treasury 

under paragraph (1) shall be available to the Secretary 

of the Treasury, without further appropriation and without 

fiscal year limitation, for the purpose of making the contributions of public funds required to be made by the United 

States under the Convention. 

(B) ACTION BY SECRETARY OF TREASURY.—The Secretary of the Treasury shall pay the contribution required 

under the Convention to the court of competent jurisdiction 

under Article XIII of the Convention with respect to the 

applicable covered incident. 

(3) FAILURE TO PAY.—If a nuclear supplier fails to make 

a payment required under this subsection, the Secretary may 

take appropriate action to recover from the nuclear supplier— 

(A) the amount of the payment due from the nuclear 

supplier; 

(B) any applicable interest on the payment; and 

(C) a penalty of not more than twice the amount of 

the deferred payment due from the nuclear supplier. 

(i) LIMITATION ON JUDICIAL REVIEW; CAUSE OF ACTION.— 

(1) LIMITATION ON JUDICIAL REVIEW.— 

(A) IN GENERAL.—In any civil action arising under 

the Convention over which Article XIII of the Convention 

grants jurisdiction to the courts of the United States, any 

appeal or review by writ of mandamus or otherwise with 

respect to a nuclear incident that is not a Price-Anderson 

incident shall be in accordance with chapter 83 of title 

28, United States Code, except that the appeal or review 

shall occur in the United States Court of Appeals for the 

District of Columbia Circuit. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1747 

(B) SUPREME COURT JURISDICTION.—Nothing in this 

paragraph affects the jurisdiction of the Supreme Court 

of the United States under chapter 81 of title 28, United 

States Code. 

(2) CAUSE OF ACTION.— (A) IN GENERAL.—Subject to subparagraph (B), in any 

civil action arising under the Convention over which Article 

XIII of the Convention grants jurisdiction to the courts 

of the United States, in addition to any other cause of 

action that may exist, an individual or entity shall have 

a cause of action against the operator to recover for nuclear 

damage suffered by the individual or entity. 

(B) REQUIREMENT.—Subparagraph (A) shall apply only 

if the individual or entity seeks a remedy for nuclear damage (as defined in Article I of the Convention) that was 

caused by a nuclear incident (as defined in Article I of 

the Convention) that is not a Price-Anderson incident. 

(C) SAVINGS PROVISION.—Nothing in this paragraph 

may be construed to limit, modify, extinguish, or otherwise 

affect any cause of action that would have existed in the 

absence of enactment of this paragraph. 

(j) RIGHT OF RECOURSE.—This section does not provide to an 

operator of a covered installation any right of recourse under the 

Convention. 

(k) PROTECTION OF SENSITIVE UNITED STATES INFORMATION.— 

Nothing in the Convention or this section requires the disclosure 

of— 

(1) any data that, at any time, was Restricted Data (as 

defined in section 11 of the Atomic Energy Act of 1954 (42 

U.S.C. 2014)); 

(2) information relating to intelligence sources or methods 

protected by section 102A(i) of the National Security Act of 

1947 (50 U.S.C. 403–1(i)); or 

(3) national security information classified under Executive 

Order 12958 (50 U.S.C. 435 note; relating to classified national 

security information) (or a successor Executive Order or regulation). 

(l) REGULATIONS.— 

(1) IN GENERAL.—The Secretary or the Commission, as 

appropriate, may prescribe regulations to carry out section 

170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and 

this section. 

(2) REQUIREMENT.—Rules prescribed under this subsection 

shall ensure, to the maximum extent practicable, that— 

(A) the implementation of section 170 of the Atomic 

Energy Act of 1954 (42 U.S.C. 2210) and this section is 

consistent and equitable; and 

(B) the financial and operational burden on a Commission licensee in complying with section 170 of that Act 

is not greater as a result of the enactment of this section. 

(3) APPLICABILITY OF PROVISION.—Section 553 of title 5, 

United States Code, shall apply with respect to the promulgation of regulations under this subsection. 

(4) EFFECT OF SUBSECTION.—The authority provided under 

this subsection is in addition to, and does not impair or otherwise affect, any other authority of the Secretary or the Commission to prescribe regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1748 PUBLIC LAW 110–140—DEC. 19, 2007 

(m) EFFECTIVE DATE.—This section shall take effect on the 

date of the enactment of this Act. 

SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE 

PAYMENTS. 

(a) PURPOSE.—The purpose of this section is to— 

(1) ensure greater United States energy security by combating corruption in the governments of foreign countries that 

receive revenues from the sale of their natural resources; and 

(2) enhance the development of democracy and increase 

political and economic stability in such resource rich foreign 

countries. 

(b) STATEMENT OF POLICY.—It is the policy of the United 

States— 

(1) to increase energy security by promoting anti-corruption 

initiatives in oil and natural gas rich countries; and 

(2) to promote global energy security through promotion 

of programs such as the Extractive Industries Transparency 

Initiative (EITI) that seek to instill transparency and accountability into extractive industries resource payments. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should further global energy security and promote 

democratic development in resource-rich foreign countries by— 

(1) encouraging further participation in the EITI by eligible 

countries and companies; and 

(2) promoting the efficacy of the EITI program by ensuring 

a robust and candid review mechanism. 

(d) REPORT.— (1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, and annually thereafter, 

the Secretary of State, in consultation with the Secretary of 

Energy, shall submit to the appropriate congressional committees a report on progress made in promoting transparency 

in extractive industries resource payments. 

(2) MATTERS TO BE INCLUDED.—The report required by 

paragraph (1) shall include a detailed description of United 

States participation in the EITI, bilateral and multilateral diplomatic efforts to further participation in the EITI, and other 

United States initiatives to strengthen energy security, deter 

energy kleptocracy, and promote transparency in the extractive 

industries. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $3,000,000 for the purposes of United States 

contributions to the Multi-Donor Trust Fund of the EITI. 

TITLE X—GREEN JOBS 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Green Jobs Act of 2007’’. 

SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER 

TRAINING PROGRAM. 

Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 

2916) is amended by adding at the end the following: 

‘‘(e) ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER

TRAINING PROGRAM.— 

‘‘(1) GRANT PROGRAM.— 

29 USC 2801 

note. 

Green Jobs Act 

of 2007. 

42 USC 17374. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1749 

‘‘(A) IN GENERAL.—Not later than 6 months after the 

date of enactment of the Green Jobs Act of 2007, the 

Secretary, in consultation with the Secretary of Energy, 

shall establish an energy efficiency and renewable energy 

worker training program under which the Secretary shall 

carry out the activities described in paragraph (2) to 

achieve the purposes of this subsection. 

‘‘(B) ELIGIBILITY.—For purposes of providing assistance 

and services under the program established under this 

subsection— 

‘‘(i) target populations of eligible individuals to 

be given priority for training and other services shall 

include— 

‘‘(I) workers impacted by national energy and 

environmental policy; 

‘‘(II) individuals in need of updated training 

related to the energy efficiency and renewable 

energy industries; 

‘‘(III) veterans, or past and present members 

of reserve components of the Armed Forces; 

‘‘(IV) unemployed individuals; 

‘‘(V) individuals, including at-risk youth, 

seeking employment pathways out of poverty and 

into economic self-sufficiency; and 

‘‘(VI) formerly incarcerated, adjudicated, nonviolent offenders; and 

‘‘(ii) energy efficiency and renewable energy industries eligible to participate in a program under this 

subsection include— 

‘‘(I) the energy-efficient building, construction, 

and retrofits industries; 

‘‘(II) the renewable electric power industry; 

‘‘(III) the energy efficient and advanced drive 

train vehicle industry; 

‘‘(IV) the biofuels industry; 

‘‘(V) the deconstruction and materials use 

industries; 

‘‘(VI) the energy efficiency assessment industry 

serving the residential, commercial, or industrial 

sectors; and 

‘‘(VII) manufacturers that produce sustainable 

products using environmentally sustainable processes and materials. 

‘‘(2) ACTIVITIES.— 

‘‘(A) NATIONAL RESEARCH PROGRAM.—Under the program established under paragraph (1), the Secretary, acting 

through the Bureau of Labor Statistics, where appropriate, 

shall collect and analyze labor market data to track 

workforce trends resulting from energy-related initiatives 

carried out under this subsection. Activities carried out 

under this paragraph shall include— 

‘‘(i) tracking and documentation of academic and 

occupational competencies as well as future skill needs 

with respect to renewable energy and energy efficiency 

technology; 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1750 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(ii) tracking and documentation of occupational 

information and workforce training data with respect 

to renewable energy and energy efficiency technology; 

‘‘(iii) collaborating with State agencies, workforce 

investments boards, industry, organized labor, and 

community and nonprofit organizations to disseminate 

information on successful innovations for labor market 

services and worker training with respect to renewable 

energy and energy efficiency technology; 

‘‘(iv) serving as a clearinghouse for best practices 

in workforce development, job placement, and collaborative training partnerships; 

‘‘(v) encouraging the establishment of workforce 

training initiatives with respect to renewable energy 

and energy efficiency technologies; 

‘‘(vi) linking research and development in renewable energy and energy efficiency technology with the 

development of standards and curricula for current 

and future jobs; 

‘‘(vii) assessing new employment and work practices including career ladder and upgrade training as 

well as high performance work systems; and 

‘‘(viii) providing technical assistance and capacity 

building to national and State energy partnerships, 

including industry and labor representatives. 

‘‘(B) NATIONAL ENERGY TRAINING PARTNERSHIP

GRANTS.— 

‘‘(i) IN GENERAL.—Under the program established 

under paragraph (1), the Secretary shall award 

National Energy Training Partnerships Grants on a 

competitive basis to eligible entities to enable such 

entities to carry out training that leads to economic 

self-sufficiency and to develop an energy efficiency and 

renewable energy industries workforce. Grants shall 

be awarded under this subparagraph so as to ensure 

geographic diversity with at least 2 grants awarded 

to entities located in each of the 4 Petroleum Administration for Defense Districts with no subdistricts, and 

at least 1 grant awarded to an entity located in each 

of the subdistricts of the Petroleum Administration 

for Defense District with subdistricts. 

‘‘(ii) ELIGIBILITY.—To be eligible to receive a grant 

under clause (i), an entity shall be a nonprofit partnership that— 

‘‘(I) includes the equal participation of 

industry, including public or private employers, 

and labor organizations, including joint labormanagement training programs, and may include 

workforce investment boards, community-based 

organizations, qualified service and conservation 

corps, educational institutions, small businesses, 

cooperatives, State and local veterans agencies, 

and veterans service organizations; and 

‘‘(II) demonstrates— 

‘‘(aa) experience in implementing and 

operating worker skills training and education 

programs; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1751 

‘‘(bb) the ability to identify and involve 

in training programs carried out under this 

grant, target populations of individuals who 

would benefit from training and be actively 

involved in activities related to energy efficiency and renewable energy industries; and 

‘‘(cc) the ability to help individuals achieve 

economic self-sufficiency. 

‘‘(iii) PRIORITY.—Priority shall be given to partnerships which leverage additional public and private 

resources to fund training programs, including cash 

or in-kind matches from participating employers. 

‘‘(C) STATE LABOR MARKET RESEARCH, INFORMATION, AND LABOR EXCHANGE RESEARCH PROGRAM.— ‘‘(i) IN GENERAL.—Under the program established 

under paragraph (1), the Secretary shall award 

competitive grants to States to enable such States to 

administer labor market and labor exchange information programs that include the implementation of the 

activities described in clause (ii), in coordination with 

the one-stop delivery system. 

‘‘(ii) ACTIVITIES.—A State shall use amounts 

awarded under a grant under this subparagraph to 

provide funding to the State agency that administers 

the Wagner-Peyser Act and State unemployment compensation programs to carry out the following activities 

using State agency merit staff: 

‘‘(I) The identification of job openings in the 

renewable energy and energy efficiency sector. 

‘‘(II) The administration of skill and aptitude 

testing and assessment for workers. 

‘‘(III) The counseling, case management, and 

referral of qualified job seekers to openings and 

training programs, including energy efficiency and 

renewable energy training programs. 

‘‘(D) STATE ENERGY TRAINING PARTNERSHIP PROGRAM.— 

‘‘(i) IN GENERAL.—Under the program established 

under paragraph (1), the Secretary shall award 

competitive grants to States to enable such States to 

administer renewable energy and energy efficiency 

workforce development programs that include the 

implementation of the activities described in clause 

(ii). 

‘‘(ii) PARTNERSHIPS.—A State shall use amounts 

awarded under a grant under this subparagraph to 

award competitive grants to eligible State Energy 

Sector Partnerships to enable such Partnerships to 

coordinate with existing apprenticeship and labor 

management training programs and implement 

training programs that lead to the economic self-sufficiency of trainees. 

‘‘(iii) ELIGIBILITY.—To be eligible to receive a grant 

under this subparagraph, a State Energy Sector Partnership shall— 

‘‘(I) consist of nonprofit organizations that 

include equal participation from industry, 

including public or private nonprofit employers, 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1752 PUBLIC LAW 110–140—DEC. 19, 2007 

and labor organizations, including joint labormanagement training programs, and may include 

representatives from local governments, the 

workforce investment system, including one-stop 

career centers, community based organizations, 

qualified service and conservation corps, community colleges, and other post-secondary institutions, 

small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; 

‘‘(II) demonstrate experience in implementing 

and operating worker skills training and education 

programs; and 

‘‘(III) demonstrate the ability to identify and 

involve in training programs, target populations 

of workers who would benefit from training and 

be actively involved in activities related to energy 

efficiency and renewable energy industries. 

‘‘(iv) PRIORITY.—In awarding grants under this 

subparagraph, the Secretary shall give priority to 

States that demonstrate that activities under the 

grant— 

‘‘(I) meet national energy policies associated 

with energy efficiency, renewable energy, and the 

reduction of emissions of greenhouse gases; 

‘‘(II) meet State energy policies associated with 

energy efficiency, renewable energy, and the reduction of emissions of greenhouse gases; and 

‘‘(III) leverage additional public and private 

resources to fund training programs, including 

cash or in-kind matches from participating 

employers. 

‘‘(v) COORDINATION.—A grantee under this 

subparagraph shall coordinate activities carried out 

under the grant with existing other appropriate 

training programs, including apprenticeship and labor 

management training programs, including such activities referenced in paragraph (3)(A), and implement 

training programs that lead to the economic self-sufficiency of trainees. 

‘‘(E) PATHWAYS OUT OF POVERTY DEMONSTRATION PROGRAM.— 

‘‘(i) IN GENERAL.—Under the program established 

under paragraph (1), the Secretary shall award 

competitive grants of sufficient size to eligible entities 

to enable such entities to carry out training that leads 

to economic self-sufficiency. The Secretary shall give 

priority to entities that serve individuals in families 

with income of less than 200 percent of the sufficiency 

standard for the local areas where the training is conducted that specifies, as defined by the State, or where 

such standard is not established, the income needs 

of families, by family size, the number and ages of 

children in the family, and sub-State geographical 

considerations. Grants shall be awarded to ensure 

geographic diversity. 

‘‘(ii) ELIGIBLE ENTITIES.—To be eligible to receive 

a grant an entity shall be a partnership that— 

Grants. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1753 

‘‘(I) includes community-based nonprofit 

organizations, educational institutions with expertise in serving low-income adults or youth, public 

or private employers from the industry sectors 

described in paragraph (1)(B)(ii), and labor 

organizations representing workers in such 

industry sectors; 

‘‘(II) demonstrates a record of successful 

experience in implementing and operating worker 

skills training and education programs; 

‘‘(III) coordinates activities, where appropriate, 

with the workforce investment system; and 

‘‘(IV) demonstrates the ability to recruit 

individuals for training and to support such 

individuals to successful completion in training 

programs carried out under this grant, targeting 

populations of workers who are or will be engaged 

in activities related to energy efficiency and renewable energy industries. 

‘‘(iii) PRIORITIES.—In awarding grants under this 

paragraph, the Secretary shall give priority to 

applicants that— 

‘‘(I) target programs to benefit low-income 

workers, unemployed youth and adults, high school 

dropouts, or other underserved sectors of the 

workforce within areas of high poverty; 

‘‘(II) ensure that supportive services are 

integrated with education and training, and delivered by organizations with direct access to and 

experience with targeted populations; 

‘‘(III) leverage additional public and private 

resources to fund training programs, including 

cash or in-kind matches from participating 

employers; 

‘‘(IV) involve employers and labor organizations in the determination of relevant skills and 

competencies and ensure that the certificates or 

credentials that result from the training are 

employer-recognized; 

‘‘(V) deliver courses at alternative times (such 

as evening and weekend programs) and locations 

most convenient and accessible to participants and 

link adult remedial education with occupational 

skills training; and 

‘‘(VI) demonstrate substantial experience in 

administering local, municipal, State, Federal, 

foundation, or private entity grants. 

‘‘(iv) DATA COLLECTION.—Grantees shall collect and 

report the following information: 

‘‘(I) The number of participants. 

‘‘(II) The demographic characteristics of 

participants, including race, gender, age, parenting 

status, participation in other Federal programs, 

education and literacy level at entry, significant 

barriers to employment (such as limited English 

proficiency, criminal record, addiction or mental 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1754 PUBLIC LAW 110–140—DEC. 19, 2007 

health problem requiring treatment, or mental disability). 

‘‘(III) The services received by participants, 

including training, education, and supportive services. 

‘‘(IV) The amount of program spending per 

participant. 

‘‘(V) Program completion rates. 

‘‘(VI) Factors determined as significantly interfering with program participation or completion. 

‘‘(VII) The rate of job placement and the rate 

of employment retention after 1 year. 

‘‘(VIII) The average wage at placement, 

including any benefits, and the rate of average 

wage increase after 1 year. 

‘‘(IX) Any post-employment supportive services 

provided. 

The Secretary shall assist grantees in the collection 

of data under this clause by making available, where 

practicable, low-cost means of tracking the labor 

market outcomes of participants, and by providing 

standardized reporting forms, where appropriate. 

‘‘(3) ACTIVITIES.— 

‘‘(A) IN GENERAL.—Activities to be carried out under 

a program authorized by subparagraph (B), (D), or (E) 

of paragraph (2) shall be coordinated with existing systems 

or providers, as appropriate. Such activities may include— 

‘‘(i) occupational skills training, including curriculum development, on-the-job training, and classroom training; 

‘‘(ii) safety and health training; 

‘‘(iii) the provision of basic skills, literacy, GED, 

English as a second language, and job readiness 

training; 

‘‘(iv) individual referral and tuition assistance for 

a community college training program, or any training 

program leading to an industry-recognized certificate; 

‘‘(v) internship programs in fields related to energy 

efficiency and renewable energy; 

‘‘(vi) customized training in conjunction with an 

existing registered apprenticeship program or labormanagement partnership; 

‘‘(vii) incumbent worker and career ladder training 

and skill upgrading and retraining; 

‘‘(viii) the implementation of transitional jobs 

strategies; and 

‘‘(ix) the provision of supportive services. 

‘‘(B) OUTREACH ACTIVITIES.—In addition to the activities authorized under subparagraph (A), activities authorized for programs under subparagraph (E) of paragraph 

(2) may include the provision of outreach, recruitment, 

career guidance, and case management services. 

‘‘(4) WORKER PROTECTIONS AND NONDISCRIMINATION

REQUIREMENTS.— 

‘‘(A) APPLICATION OF WIA.—The provisions of sections 

181 and 188 of the Workforce Investment Act of 1998 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1755 

(29 U.S.C. 2931 and 2938) shall apply to all programs 

carried out with assistance under this subsection. 

‘‘(B) CONSULTATION WITH LABOR ORGANIZATIONS.—If a 

labor organization represents a substantial number of 

workers who are engaged in similar work or training in 

an area that is the same as the area that is proposed 

to be funded under this Act, the labor organization shall 

be provided an opportunity to be consulted and to submit 

comments in regard to such a proposal. 

‘‘(5) PERFORMANCE MEASURES.— ‘‘(A) IN GENERAL.—The Secretary shall negotiate and 

reach agreement with the eligible entities that receive 

grants and assistance under this section on performance 

measures for the indicators of performance referred to in 

subparagraphs (A) and (B) of section 136(b)(2) that will 

be used to evaluate the performance of the eligible entity 

in carrying out the activities described in subsection (e)(2). 

Each performance measure shall consist of such an indicator of performance, and a performance level referred 

to in subparagraph (B). 

‘‘(B) PERFORMANCE LEVELS.—The Secretary shall negotiate and reach agreement with the eligible entity regarding 

the levels of performance expected to be achieved by the 

eligible entity on the indicators of performance. 

‘‘(6) REPORT.— 

‘‘(A) STATUS REPORT.—Not later than 18 months after 

the date of enactment of the Green Jobs Act of 2007, 

the Secretary shall transmit a report to the Senate Committee on Energy and Natural Resources, the Senate Committee on Health, Education, Labor, and Pensions, the 

House Committee on Education and Labor, and the House 

Committee on Energy and Commerce on the training program established by this subsection. The report shall 

include a description of the entities receiving funding and 

the activities carried out by such entities. 

‘‘(B) EVALUATION.—Not later than 3 years after the 

date of enactment of such Act, the Secretary shall transmit 

to the Senate Committee on Energy and Natural Resources, 

the Senate Committee on Health, Education, Labor, and 

Pensions, the House Committee on Education and Labor, 

and the House Committee on Energy and Commerce an 

assessment of such program and an evaluation of the activities carried out by entities receiving funding from such 

program. 

‘‘(7) DEFINITION.—As used in this subsection, the term 

‘renewable energy’ has the meaning given such term in section 

203(b)(2) of the Energy Policy Act of 2005 (Public Law 109– 

58). 

‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection, 

$125,000,000 for each fiscal year, of which— 

‘‘(A) not to exceed 20 percent of the amount appropriated in each such fiscal year shall be made available 

for, and shall be equally divided between, national labor 

market research and information under paragraph (2)(A) 

and State labor market information and labor exchange 

research under paragraph (2)(C), and not more than 2 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1756 PUBLIC LAW 110–140—DEC. 19, 2007 

percent of such amount shall be for the evaluation and 

report required under paragraph (4); 

‘‘(B) 20 percent shall be dedicated to Pathways Out 

of Poverty Demonstration Programs under paragraph 

(2)(E); and 

‘‘(C) the remainder shall be divided equally between 

National Energy Partnership Training Grants under paragraph (2)(B) and State energy training partnership grants 

under paragraph (2)(D).’’. 

TITLE XI—ENERGY TRANSPORTATION 

AND INFRASTRUCTURE 

Subtitle A—Department of Transportation 

SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT. 

(a) IN GENERAL.—Section 102 of title 49, United States Code, 

is amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following: 

‘‘(g) OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.— 

‘‘(1) ESTABLISHMENT.—There is established in the Department an Office of Climate Change and Environment to plan, 

coordinate, and implement— 

‘‘(A) department-wide research, strategies, and actions 

under the Department’s statutory authority to reduce 

transportation-related energy use and mitigate the effects 

of climate change; and 

‘‘(B) department-wide research strategies and actions 

to address the impacts of climate change on transportation 

systems and infrastructure. 

‘‘(2) CLEARINGHOUSE.—The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction 

approaches, to reduce air pollution and transportation-related 

energy use and mitigate the effects of climate change.’’. 

(b) COORDINATION.—The Office of Climate Change and Environment of the Department of Transportation shall coordinate its 

activities with the United States Global Change Research Program. 

(c) TRANSPORTATION SYSTEM’S IMPACT ON CLIMATE CHANGE

AND FUEL EFFICIENCY.— 

(1) STUDY.—The Office of Climate Change and Environment, in coordination with the Environmental Protection 

Agency and in consultation with the United States Global 

Change Research Program, shall conduct a study to examine 

the impact of the Nation’s transportation system on climate 

change and the fuel efficiency savings and clean air impacts 

of major transportation projects, to identify solutions to reduce 

air pollution and transportation-related energy use and mitigate 

the effects of climate change, and to examine the potential 

fuel savings that could result from changes in the current 

transportation system and through the use of intelligent 

transportation systems that help businesses and consumers 

to plan their travel and avoid delays, including Web-based 

real-time transit information systems, congestion information 

49 USC 102 note. 

Establishment. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1757 

systems, carpool information systems, parking information systems, freight route management systems, and traffic management systems. 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Administrator of the Environmental Protection 

Agency, shall transmit to the Committee on Transportation 

and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee 

on Commerce, Science, and Transportation and the Committee 

on Environment and Public Works of the Senate a report that 

contains the results of the study required under this section. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Transportation for the Office 

of Climate Change and Environment to carry out its duties under 

section 102(g) of title 49, United States Code (as amended by 

this Act), such sums as may be necessary for fiscal years 2008 

through 2011. 

Subtitle B—Railroads 

SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT PROGRAM. 

(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection 

Agency, shall establish and carry out a pilot program for making 

grants to railroad carriers (as defined in section 20102 of title 

49, United States Code) and State and local governments— 

(1) for assistance in purchasing hybrid or other energyefficient locomotives, including hybrid switch and generatorset locomotives; and 

(2) to demonstrate the extent to which such locomotives 

increase fuel economy, reduce emissions, and lower costs of 

operation. 

(b) LIMITATION.—Notwithstanding subsection (a), no grant 

under this section may be used to fund the costs of emissions 

reductions that are mandated under Federal law. 

(c) GRANT CRITERIA.—In selecting applicants for grants under 

this section, the Secretary of Transportation shall consider— 

(1) the level of energy efficiency that would be achieved 

by the proposed project; 

(2) the extent to which the proposed project would assist 

in commercial deployment of hybrid or other energy-efficient 

locomotive technologies; 

(3) the extent to which the proposed project complements 

other private or governmental partnership efforts to improve 

air quality or fuel efficiency in a particular area; and 

(4) the extent to which the applicant demonstrates innovative strategies and a financial commitment to increasing energy 

efficiency and reducing greenhouse gas emissions of its railroad 

operations. 

(d) COMPETITIVE GRANT SELECTION PROCESS.— 

(1) APPLICATIONS.—A railroad carrier or State or local 

government seeking a grant under this section shall submit 

for approval by the Secretary of Transportation an application 

42 USC 16101 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1758 PUBLIC LAW 110–140—DEC. 19, 2007 

for the grant containing such information as the Secretary 

of Transportation may require. 

(2) COMPETITIVE SELECTION.—The Secretary of Transportation shall conduct a national solicitation for applications for 

grants under this section and shall select grantees on a competitive basis. 

(e) FEDERAL SHARE.—The Federal share of the cost of a project 

under this section shall not exceed 80 percent of the project cost. 

(f) REPORT.—Not later than 3 years after the date of enactment 

of this Act, the Secretary of Transportation shall submit to Congress 

a report on the results of the pilot program carried out under 

this section. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Transportation $10,000,000 

for each of the fiscal years 2008 through 2011 to carry out this 

section. Such funds shall remain available until expended. 

SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS. 

(a) AMENDMENT.—Chapter 223 of title 49, United States Code, 

is amended to read as follows: 

‘‘CHAPTER 223—CAPITAL GRANTS FOR CLASS II AND 

CLASS III RAILROADS 

‘‘Sec. 

‘‘22301. Capital grants for class II and class III railroads. 

‘‘§ 22301. Capital grants for class II and class III railroads 

‘‘(a) ESTABLISHMENT OF PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Transportation 

shall establish a program for making capital grants to class 

II and class III railroads. Such grants shall be for projects 

in the public interest that— 

‘‘(A)(i) rehabilitate, preserve, or improve railroad track 

(including roadbed, bridges, and related track structures) 

used primarily for freight transportation; 

‘‘(ii) facilitate the continued or greater use of railroad 

transportation for freight shipments; and 

‘‘(iii) reduce the use of less fuel efficient modes of 

transportation in the transportation of such shipments; 

and 

‘‘(B) demonstrate innovative technologies and advanced 

research and development that increase fuel economy, 

reduce greenhouse gas emissions, and lower the costs of 

operation. 

‘‘(2) PROVISION OF GRANTS.—Grants may be provided under 

this chapter— 

‘‘(A) directly to the class II or class III railroad; or 

‘‘(B) with the concurrence of the class II or class III 

railroad, to a State or local government. 

‘‘(3) STATE COOPERATION.—Class II and class III railroad 

applicants for a grant under this chapter are encouraged to 

utilize the expertise and assistance of State transportation 

agencies in applying for and administering such grants. State 

transportation agencies are encouraged to provide such expertise and assistance to such railroads. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1759 

‘‘(4) REGULATIONS.—Not later than October 1, 2008, the 

Secretary shall issue final regulations to implement the program under this section. 

‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum Federal share 

for carrying out a project under this section shall be 80 percent 

of the project cost. The non-Federal share may be provided by 

any non-Federal source in cash, equipment, or supplies. Other 

in-kind contributions may be approved by the Secretary on a caseby-case basis consistent with this chapter. 

‘‘(c) USE OF FUNDS.—Grants provided under this section shall 

be used to implement track capital projects as soon as possible. 

In no event shall grant funds be contractually obligated for a 

project later than the end of the third Federal fiscal year following 

the year in which the grant was awarded. Any funds not so obligated 

by the end of such fiscal year shall be returned to the Secretary 

for reallocation. 

‘‘(d) EMPLOYEE PROTECTION.—The Secretary shall require as 

a condition of any grant made under this section that the recipient 

railroad provide a fair arrangement at least as protective of the 

interests of employees who are affected by the project to be funded 

with the grant as the terms imposed under section 11326(a), as 

in effect on the date of the enactment of this chapter. 

‘‘(e) LABOR STANDARDS.— 

‘‘(1) PREVAILING WAGES.—The Secretary shall ensure that 

laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made 

under this section will be paid wages not less than those 

prevailing on similar construction in the locality, as determined 

by the Secretary of Labor under subchapter IV of chapter 

31 of title 40 (commonly known as the ‘Davis-Bacon Act’). 

The Secretary shall make a grant under this section only after 

being assured that required labor standards will be maintained 

on the construction work. 

‘‘(2) WAGE RATES.—Wage rates in a collective bargaining 

agreement negotiated under the Railway Labor Act (45 U.S.C. 

151 et seq.) are deemed for purposes of this subsection to 

comply with the subchapter IV of chapter 31 of title 40. 

‘‘(f) STUDY.—The Secretary shall conduct a study of the projects 

carried out with grant assistance under this section to determine 

the extent to which the program helps promote a reduction in 

fuel use associated with the transportation of freight and demonstrates innovative technologies that increase fuel economy, reduce 

greenhouse gas emissions, and lower the costs of operation. Not 

later than March 31, 2009, the Secretary shall submit a report 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the study, including any recommendations the Secretary considers appropriate regarding the 

program. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary $50,000,000 for each of fiscal 

years 2008 through 2011 for carrying out this section.’’. 

(b) CLERICAL AMENDMENT.—The item relating to chapter 223 

in the table of chapters of subtitle V of title 49, United States 

Code, is amended to read as follows: 

‘‘223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS ........22301’’. 

Deadline. 

Reports. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1760 PUBLIC LAW 110–140—DEC. 19, 2007 

Subtitle C—Marine Transportation 

SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE. 

(a) IN GENERAL.—Title 46, United States Code, is amended 

by adding after chapter 555 the following: 

‘‘CHAPTER 556—SHORT SEA TRANSPORTATION 

‘‘Sec. 55601. Short sea transportation program. 

‘‘Sec. 55602. Cargo and shippers. 

‘‘Sec. 55603. Interagency coordination. 

‘‘Sec. 55604. Research on short sea transportation. 

‘‘Sec. 55605. Short sea transportation defined. 

‘‘§ 55601. Short sea transportation program 

‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 

establish a short sea transportation program and designate short 

sea transportation projects to be conducted under the program 

to mitigate landside congestion. 

‘‘(b) PROGRAM ELEMENTS.—The program shall encourage the 

use of short sea transportation through the development and expansion of— 

‘‘(1) documented vessels; 

‘‘(2) shipper utilization; 

‘‘(3) port and landside infrastructure; and 

‘‘(4) marine transportation strategies by State and local 

governments. 

‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The Secretary shall 

designate short sea transportation routes as extensions of the surface transportation system to focus public and private efforts to 

use the waterways to relieve landside congestion along coastal 

corridors. The Secretary may collect and disseminate data for the 

designation and delineation of short sea transportation routes. 

‘‘(d) PROJECT DESIGNATION.—The Secretary may designate a 

project to be a short sea transportation project if the Secretary 

determines that the project may— 

‘‘(1) offer a waterborne alternative to available landside 

transportation services using documented vessels; and 

‘‘(2) provide transportation services for passengers or 

freight (or both) that may reduce congestion on landside infrastructure using documented vessels. 

‘‘(e) ELEMENTS OF PROGRAM.—For a short sea transportation 

project designated under this section, the Secretary may— 

‘‘(1) promote the development of short sea transportation 

services; 

‘‘(2) coordinate, with ports, State departments of transportation, localities, other public agencies, and the private sector 

and on the development of landside facilities and infrastructure 

to support short sea transportation services; and 

‘‘(3) develop performance measures for the short sea 

transportation program. 

‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPORTATION PLAN- NING.—The Secretary, in consultation with Federal entities and 

State and local governments, shall develop strategies to encourage 

the use of short sea transportation for transportation of passengers 

and cargo. The Secretary shall— 

Designation. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1761 

‘‘(1) assess the extent to which States and local governments include short sea transportation and other marine 

transportation solutions in their transportation planning; 

‘‘(2) encourage State departments of transportation to 

develop strategies, where appropriate, to incorporate short sea 

transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in their transportation planning; and 

‘‘(3) encourage groups of States and multi-State transportation entities to determine how short sea transportation can 

address congestion, bottlenecks, and other interstate transportation challenges. 

‘‘§ 55602. Cargo and shippers 

‘‘(a) MEMORANDUMS OF AGREEMENT.—The Secretary of 

Transportation shall enter into memorandums of understanding 

with the heads of other Federal entities to transport federally 

owned or generated cargo using a short sea transportation project 

designated under section 55601 when practical or available. 

‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall consult 

shippers and other participants in transportation logistics and 

develop proposals for short-term incentives to encourage the use 

of short sea transportation. 

‘‘§ 55603. Interagency coordination 

‘‘The Secretary of Transportation shall establish a board to 

identify and seek solutions to impediments hindering effective use 

of short sea transportation. The board shall include representatives 

of the Environmental Protection Agency and other Federal, State, 

and local governmental entities and private sector entities. 

‘‘§ 55604. Research on short sea transportation 

‘‘The Secretary of Transportation, in consultation with the 

Administrator of the Environmental Protection Agency, may conduct 

research on short sea transportation, regarding— 

‘‘(1) the environmental and transportation benefits to be 

derived from short sea transportation alternatives for other 

forms of transportation; 

‘‘(2) technology, vessel design, and other improvements that 

would reduce emissions, increase fuel economy, and lower costs 

of short sea transportation and increase the efficiency of intermodal transfers; and 

‘‘(3) solutions to impediments to short sea transportation 

projects designated under section 55601. 

‘‘§ 55605. Short sea transportation defined 

‘‘In this chapter, the term ‘short sea transportation’ means 

the carriage by vessel of cargo— 

‘‘(1) that is— 

‘‘(A) contained in intermodal cargo containers and 

loaded by crane on the vessel; or 

‘‘(B) loaded on the vessel by means of wheeled technology; and 

‘‘(2) that is— 

‘‘(A) loaded at a port in the United States and unloaded 

either at another port in the United States or at a port 

Establishment. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1762 PUBLIC LAW 110–140—DEC. 19, 2007 

in Canada located in the Great Lakes Saint Lawrence 

Seaway System; or 

‘‘(B) loaded at a port in Canada located in the Great 

Lakes Saint Lawrence Seaway System and unloaded at 

a port in the United States.’’. 

(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle V of such title is amended by inserting after the 

item relating to chapter 555 the following: 

‘‘556. Short Sea Transportation .......................................................................55601’’. 

(c) REGULATIONS.— 

(1) INTERIM REGULATIONS.—Not later than 90 days after 

the date of enactment of this Act, the Secretary of Transportation shall issue temporary regulations to implement the program under this section. Subchapter II of chapter 5 of title 

5, United States Code, does not apply to a temporary regulation 

issued under this paragraph or to an amendment to such a 

temporary regulation. 

(2) FINAL REGULATIONS.—Not later than October 1, 2008, 

the Secretary of Transportation shall issue final regulations 

to implement the program under this section. 

SEC. 1122. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 

CONSTRUCTION FUND. 

(a) DEFINITION OF QUALIFIED VESSEL.—Section 53501 of title 

46, United States Code, is amended— 

(1) in paragraph (5)(A)(iii) by striking ‘‘or noncontiguous 

domestic’’ and inserting ‘‘noncontiguous domestic, or short sea 

transportation trade’’; and 

(2) by inserting after paragraph (6) the following: 

‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The term ‘short 

sea transportation trade’ means the carriage by vessel of 

cargo— 

‘‘(A) that is— 

‘‘(i) contained in intermodal cargo containers and 

loaded by crane on the vessel; or 

‘‘(ii) loaded on the vessel by means of wheeled 

technology; and 

‘‘(B) that is— 

‘‘(i) loaded at a port in the United States and 

unloaded either at another port in the United States 

or at a port in Canada located in the Great Lakes 

Saint Lawrence Seaway System; or 

‘‘(ii) loaded at a port in Canada located in the 

Great Lakes Saint Lawrence Seaway System and 

unloaded at a port in the United States.’’. 

(b) ALLOWABLE PURPOSE.—Section 53503(b) of such title is 

amended by striking ‘‘or noncontiguous domestic trade’’ and 

inserting ‘‘noncontiguous domestic, or short sea transportation 

trade’’. 

SEC. 1123. SHORT SEA TRANSPORTATION REPORT. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary of Transportation, in consultation with the 

Administrator of the Environmental Protection Agency, shall submit 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Deadlines. 

46 USC 55601 

note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1763 

Transportation of the Senate a report on the short sea transportation program established under the amendments made by section 

1121. The report shall include a description of the activities conducted under the program, and any recommendations for further 

legislative or administrative action that the Secretary of Transportation considers appropriate. 

Subtitle D—Highways 

SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS. 

Section 120(c) of title 23, United States Code, is amended— 

(1) in the subsection heading by striking ‘‘FOR CERTAIN

SAFETY PROJECTS’’; 

(2) by striking ‘‘The Federal share’’ and inserting the following: 

‘‘(1) CERTAIN SAFETY PROJECTS.—The Federal share’’; and 

(3) by adding at the end the following: 

‘‘(2) CMAQ PROJECTS.—The Federal share payable on 

account of a project or program carried out under section 149 

with funds obligated in fiscal year 2008 or 2009, or both, 

shall be not less than 80 percent and, at the discretion of 

the State, may be up to 100 percent of the cost thereof.’’. 

SEC. 1132. DISTRIBUTION OF RESCISSIONS. 

(a) IN GENERAL.—Any unobligated balances of amounts that 

are appropriated from the Highway Trust Fund for a fiscal year, 

and apportioned under chapter 1 of title 23, United States Code, 

before, on, or after the date of enactment of this Act and that 

are rescinded in fiscal year 2008 or fiscal year 2009 shall be distributed by the Secretary of Transportation within each State (as 

defined in section 101 of such title) among all programs for which 

funds are apportioned under such chapter for such fiscal year, 

to the extent sufficient funds remain available for obligation, in 

the ratio that the amount of funds apportioned for each program 

under such chapter for such fiscal year, bears to the amount of 

funds apportioned for all such programs under such chapter for 

such fiscal year. 

(b) ADJUSTMENTS.—A State may make adjustments to the distribution of a rescission within the State for a fiscal year under 

subsection (a) by transferring the amounts to be rescinded among 

the programs for which funds are apportioned under chapter 1 

of title 23, United States Code, for such fiscal year, except that 

in making such adjustments the State may not rescind from any 

such program more than 110 percent of the funds to be rescinded 

from the program for the fiscal year as determined by the Secretary 

of Transportation under subsection (a). 

(c) TREATMENT OF TRANSPORTATION ENHANCEMENT SET-ASIDE

AND FUNDS SUBALLOCATED TO SUBSTATE AREAS.—Funds set aside 

under sections 133(d)(2) and 133(d)(3) of title 23, United States 

Code, shall be treated as being apportioned under chapter 1 of 

such title for purposes of subsection (a). 

SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE 

STREETS DESIGN TECHNIQUES. 

It is the sense of Congress that in constructing new roadways 

or rehabilitating existing facilities, State and local governments 

should consider policies designed to accommodate all users, 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1764 PUBLIC LAW 110–140—DEC. 19, 2007 

including motorists, pedestrians, cyclists, transit riders, and people 

of all ages and abilities, in order to— 

(1) serve all surface transportation users by creating a 

more interconnected and intermodal system; 

(2) create more viable transportation options; and 

(3) facilitate the use of environmentally friendly options, 

such as public transportation, walking, and bicycling. 

TITLE XII—SMALL BUSINESS ENERGY 

PROGRAMS 

SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY 

EFFICIENCY. 

Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) 

is amended by adding at the end the following: 

‘‘(F) EXPRESS LOANS FOR RENEWABLE ENERGY AND

ENERGY EFFICIENCY.— ‘‘(i) DEFINITIONS.—In this subparagraph— 

‘‘(I) the term ‘biomass’— 

‘‘(aa) means any organic material that is 

available on a renewable or recurring basis, 

including— 

‘‘(AA) agricultural crops; 

‘‘(BB) trees grown for energy production; 

‘‘(CC) wood waste and wood residues; 

‘‘(DD) plants (including aquatic plants 

and grasses); 

‘‘(EE) residues; 

‘‘(FF) fibers; 

‘‘(GG) animal wastes and other waste 

materials; and 

‘‘(HH) fats, oils, and greases 

(including recycled fats, oils, and greases); 

and 

‘‘(bb) does not include— 

‘‘(AA) paper that is commonly 

recycled; or 

‘‘(BB) unsegregated solid waste; 

‘‘(II) the term ‘energy efficiency project’ means 

the installation or upgrading of equipment that 

results in a significant reduction in energy usage; 

and 

‘‘(III) the term ‘renewable energy system’ 

means a system of energy derived from— 

‘‘(aa) a wind, solar, biomass (including biodiesel), or geothermal source; or 

‘‘(bb) hydrogen derived from biomass or 

water using an energy source described in item 

(aa). 

‘‘(ii) LOANS.—The Administrator may make a loan 

under the Express Loan Program for the purpose of— 

‘‘(I) purchasing a renewable energy system; 

or 

‘‘(II) carrying out an energy efficiency project 

for a small business concern.’’. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1765 

SEC. 1202. PILOT PROGRAM FOR REDUCED 7(a) FEES FOR PURCHASE 

OF ENERGY EFFICIENT TECHNOLOGIES. 

Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 

amended by adding at the end the following: 

‘‘(32) LOANS FOR ENERGY EFFICIENT TECHNOLOGIES.— 

‘‘(A) DEFINITIONS.—In this paragraph— 

‘‘(i) the term ‘cost’ has the meaning given that 

term in section 502 of the Federal Credit Reform Act 

of 1990 (2 U.S.C. 661a); 

‘‘(ii) the term ‘covered energy efficiency loan’ means 

a loan— 

‘‘(I) made under this subsection; and 

‘‘(II) the proceeds of which are used to purchase energy efficient designs, equipment, or fixtures, or to reduce the energy consumption of the 

borrower by 10 percent or more; and 

‘‘(iii) the term ‘pilot program’ means the pilot program established under subparagraph (B) 

‘‘(B) ESTABLISHMENT.—The Administrator shall establish and carry out a pilot program under which the 

Administrator shall reduce the fees for covered energy efficiency loans. 

‘‘(C) DURATION.—The pilot program shall terminate at 

the end of the second full fiscal year after the date that 

the Administrator establishes the pilot program. 

‘‘(D) MAXIMUM PARTICIPATION.—A covered energy efficiency loan shall include the maximum participation levels 

by the Administrator permitted for loans made under this 

subsection. 

‘‘(E) FEES.— 

‘‘(i) IN GENERAL.—The fee on a covered energy 

efficiency loan shall be equal to 50 percent of the 

fee otherwise applicable to that loan under paragraph 

(18). 

‘‘(ii) WAIVER.—The Administrator may waive 

clause (i) for a fiscal year if— 

‘‘(I) for the fiscal year before that fiscal year, 

the annual rate of default of covered energy efficiency loans exceeds that of loans made under 

this subsection that are not covered energy efficiency loans; 

‘‘(II) the cost to the Administration of making 

loans under this subsection is greater than zero 

and such cost is directly attributable to the cost 

of making covered energy efficiency loans; and 

‘‘(III) no additional sources of revenue 

authority are available to reduce the cost of 

making loans under this subsection to zero. 

‘‘(iii) EFFECT OF WAIVER.—If the Administrator 

waives the reduction of fees under clause (ii), the 

Administrator— 

‘‘(I) shall not assess or collect fees in an 

amount greater than necessary to ensure that the 

cost of the program under this subsection is not 

greater than zero; and 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1766 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(II) shall reinstate the fee reductions under 

clause (i) when the conditions in clause (ii) no 

longer apply. 

‘‘(iv) NO INCREASE OF FEES.—The Administrator 

shall not increase the fees under paragraph (18) on 

loans made under this subsection that are not covered 

energy efficiency loans as a direct result of the pilot 

program. 

‘‘(F) GAO REPORT.— 

‘‘(i) IN GENERAL.—Not later than 1 year after the 

date that the pilot program terminates, the Comptroller General of the United States shall submit to 

the Committee on Small Business of the House of 

Representatives and the Committee on Small Business 

and Entrepreneurship of the Senate a report on the 

pilot program. 

‘‘(ii) CONTENTS.—The report submitted under 

clause (i) shall include— 

‘‘(I) the number of covered energy efficiency 

loans for which fees were reduced under the pilot 

program; 

‘‘(II) a description of the energy efficiency 

savings with the pilot program; 

‘‘(III) a description of the impact of the pilot 

program on the program under this subsection; 

‘‘(IV) an evaluation of the efficacy and potential fraud and abuse of the pilot program; and 

‘‘(V) recommendations for improving the pilot 

program.’’. 

SEC. 1203. SMALL BUSINESS ENERGY EFFICIENCY. 

(a) DEFINITIONS.—In this section— 

(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 

the Small Business Administration and the Administrator 

thereof, respectively; 

(2) the term ‘‘association’’ means the association of small 

business development centers established under section 

21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)); 

(3) the term ‘‘disability’’ has the meaning given that term 

in section 3 of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12102); 

(4) the term ‘‘Efficiency Program’’ means the Small Business Energy Efficiency Program established under subsection 

(c)(1); 

(5) the term ‘‘electric utility’’ has the meaning given that 

term in section 3 of the Public Utility Regulatory Policies 

Act of 1978 (16 U.S.C. 2602); 

(6) the term ‘‘high performance green building’’ has the 

meaning given that term in section 401; 

(7) the term ‘‘on-bill financing’’ means a low interest or 

no interest financing agreement between a small business concern and an electric utility for the purchase or installation 

of equipment, under which the regularly scheduled payment 

of that small business concern to that electric utility is not 

reduced by the amount of the reduction in cost attributable 

to the new equipment and that amount is credited to the 

15 USC 657h. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1767 

electric utility, until the cost of the purchase or installation 

is repaid; 

(8) the term ‘‘small business concern’’ has the same 

meaning as in section 3 of the Small Business Act (15 U.S.C. 

632); 

(9) the term ‘‘small business development center’’ means 

a small business development center described in section 21 

of the Small Business Act (15 U.S.C. 648); 

(10) the term ‘‘telecommuting’’ means the use of telecommunications to perform work functions under circumstances 

which reduce or eliminate the need to commute; 

(11) the term ‘‘Telecommuting Pilot Program’’ means the 

pilot program established under subsection (d)(1)(A); and 

(12) the term ‘‘veteran’’ has the meaning given that term 

in section 101 of title 38, United States Code. 

(b) IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY

PROGRAM.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Administrator shall promulgate 

final rules establishing the Government-wide program authorized under subsection (d) of section 337 of the Energy Policy 

and Conservation Act (42 U.S.C. 6307) that ensure compliance 

with that subsection by not later than 6 months after such 

date of enactment. 

(2) PROGRAM REQUIRED.—The Administrator shall develop 

and coordinate a Government-wide program, building on the 

Energy Star for Small Business program, to assist small business concerns in— 

(A) becoming more energy efficient; 

(B) understanding the cost savings from improved 

energy efficiency; and 

(C) identifying financing options for energy efficiency 

upgrades. 

(3) CONSULTATION AND COOPERATION.—The program 

required by paragraph (2) shall be developed and coordinated— 

(A) in consultation with the Secretary of Energy and 

the Administrator of the Environmental Protection Agency; 

and 

(B) in cooperation with any entities the Administrator 

considers appropriate, such as industry trade associations, 

industry members, and energy efficiency organizations. 

(4) AVAILABILITY OF INFORMATION.—The Administrator 

shall make available the information and materials developed 

under the program required by paragraph (2) to— 

(A) small business concerns, including smaller design, 

engineering, and construction firms; and 

(B) other Federal programs for energy efficiency, such 

as the Energy Star for Small Business program. 

(5) STRATEGY AND REPORT.— 

(A) STRATEGY REQUIRED.—The Administrator shall 

develop a strategy to educate, encourage, and assist small 

business concerns in adopting energy efficient building fixtures and equipment. 

(B) REPORT.—Not later than December 31, 2008, the 

Administrator shall submit to Congress a report containing 

a plan to implement the strategy developed under subparagraph (A). 

Deadlines. 

Regulations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1768 PUBLIC LAW 110–140—DEC. 19, 2007 

(c) SMALL BUSINESS SUSTAINABILITY INITIATIVE.— (1) AUTHORITY.—The Administrator shall establish a Small 

Business Energy Efficiency Program to provide energy efficiency 

assistance to small business concerns through small business 

development centers. 

(2) SMALL BUSINESS DEVELOPMENT CENTERS.— (A) IN GENERAL.—In carrying out the Efficiency Program, the Administrator shall enter into agreements with 

small business development centers under which such centers shall— 

(i) provide access to information and resources on 

energy efficiency practices, including on-bill financing 

options; 

(ii) conduct training and educational activities; 

(iii) offer confidential, free, one-on-one, in-depth 

energy audits to the owners and operators of small 

business concerns regarding energy efficiency practices; 

(iv) give referrals to certified professionals and 

other providers of energy efficiency assistance who 

meet such standards for educational, technical, and 

professional competency as the Administrator shall 

establish; 

(v) to the extent not inconsistent with controlling 

State public utility regulations, act as a facilitator 

between small business concerns, electric utilities, 

lenders, and the Administration to facilitate on-bill 

financing arrangements; 

(vi) provide necessary support to small business 

concerns to— 

(I) evaluate energy efficiency opportunities and 

opportunities to design or construct high performance green buildings; 

(II) evaluate renewable energy sources, such 

as the use of solar and small wind to supplement 

power consumption; 

(III) secure financing to achieve energy efficiency or to design or construct high performance 

green buildings; and 

(IV) implement energy efficiency projects; 

(vii) assist owners of small business concerns with 

the development and commercialization of clean technology products, goods, services, and processes that 

use renewable energy sources, dramatically reduce the 

use of natural resources, and cut or eliminate greenhouse gas emissions through— 

(I) technology assessment; 

(II) intellectual property; 

(III) Small Business Innovation Research 

submissions under section 9 of the Small Business 

Act (15 U.S.C. 638); 

(IV) strategic alliances; 

(V) business model development; and 

(VI) preparation for investors; and 

(viii) help small business concerns improve 

environmental performance by shifting to less hazardous materials and reducing waste and emissions, 

including by providing assistance for small business 

Contracts. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1769 

concerns to adapt the materials they use, the processes 

they operate, and the products and services they 

produce. 

(B) REPORTS.—Each small business development center 

participating in the Efficiency Program shall submit to 

the Administrator and the Administrator of the Environmental Protection Agency an annual report that includes— 

(i) a summary of the energy efficiency assistance 

provided by that center under the Efficiency Program; 

(ii) the number of small business concerns assisted 

by that center under the Efficiency Program; 

(iii) statistics on the total amount of energy saved 

as a result of assistance provided by that center under 

the Efficiency Program; and 

(iv) any additional information determined necessary by the Administrator, in consultation with the 

association. 

(C) REPORTS TO CONGRESS.—Not later than 60 days 

after the date on which all reports under subparagraph 

(B) relating to a year are submitted, the Administrator 

shall submit to the Committee on Small Business and 

Entrepreneurship of the Senate and the Committee on 

Small Business of the House of Representatives a report 

summarizing the information regarding the Efficiency Program submitted by small business development centers 

participating in that program. 

(3) ELIGIBILITY.—A small business development center 

shall be eligible to participate in the Efficiency Program only 

if that center is certified under section 21(k)(2) of the Small 

Business Act (15 U.S.C. 648(k)(2)). 

(4) SELECTION OF PARTICIPATING STATE PROGRAMS.—From 

among small business development centers submitting applications to participate in the Efficiency Program, the Administrator— 

(A) shall, to the maximum extent practicable, select 

small business development centers in such a manner so 

as to promote a nationwide distribution of centers participating in the Efficiency Program; and 

(B) may not select more than 1 small business development center in a State to participate in the Efficiency 

Program. 

(5) MATCHING REQUIREMENT.—Subparagraphs (A) and (B) 

of section 21(a)(4) of the Small Business Act (15 U.S.C. 

648(a)(4)) shall apply to assistance made available under the 

Efficiency Program. 

(6) GRANT AMOUNTS.—Each small business development 

center selected to participate in the Efficiency Program under 

paragraph (4) shall be eligible to receive a grant in an amount 

equal to— 

(A) not less than $100,000 in each fiscal year; and 

(B) not more than $300,000 in each fiscal year. 

(7) EVALUATION AND REPORT.—The Comptroller General 

of the United States shall— 

(A) not later than 30 months after the date of disbursement of the first grant under the Efficiency Program, initiate an evaluation of that program; and 

Applicability. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1770 PUBLIC LAW 110–140—DEC. 19, 2007 

(B) not later than 6 months after the date of the 

initiation of the evaluation under subparagraph (A), submit 

to the Administrator, the Committee on Small Business 

and Entrepreneurship of the Senate, and the Committee 

on Small Business of the House of Representatives, a report 

containing— 

(i) the results of the evaluation; and 

(ii) any recommendations regarding whether the 

Efficiency Program, with or without modification, 

should be extended to include the participation of all 

small business development centers. 

(8) GUARANTEE.—To the extent not inconsistent with State 

law, the Administrator may guarantee the timely payment 

of a loan made to a small business concern through an onbill financing agreement on such terms and conditions as the 

Administrator shall establish through a formal rulemaking, 

after providing notice and an opportunity for comment. 

(9) IMPLEMENTATION.—Subject to amounts approved in 

advance in appropriations Acts and separate from amounts 

approved to carry out section 21(a)(1) of the Small Business 

Act (15 U.S.C. 648(a)(1)), the Administrator may make grants 

or enter into cooperative agreements to carry out this subsection. 

(10) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated such sums as are necessary to 

make grants and enter into cooperative agreements to carry 

out this subsection. 

(11) TERMINATION.—The authority under this subsection 

shall terminate 4 years after the date of disbursement of the 

first grant under the Efficiency Program. 

(d) SMALL BUSINESS TELECOMMUTING.— 

(1) PILOT PROGRAM.— 

(A) IN GENERAL.—The Administrator shall conduct, in 

not more than 5 of the regions of the Administration, 

a pilot program to provide information regarding telecommuting to employers that are small business concerns and 

to encourage such employers to offer telecommuting options 

to employees. 

(B) SPECIAL OUTREACH TO INDIVIDUALS WITH DISABILITIES.—In carrying out the Telecommuting Pilot Program, 

the Administrator shall make a concerted effort to provide 

information to— 

(i) small business concerns owned by or employing 

individuals with disabilities, particularly veterans who 

are individuals with disabilities; 

(ii) Federal, State, and local agencies having 

knowledge and expertise in assisting individuals with 

disabilities, including veterans who are individuals 

with disabilities; and 

(iii) any group or organization, the primary purpose of which is to aid individuals with disabilities 

or veterans who are individuals with disabilities. 

(C) PERMISSIBLE ACTIVITIES.—In carrying out the Telecommuting Pilot Program, the Administrator may— 

(i) produce educational materials and conduct 

presentations designed to raise awareness in the small 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1771 

business community of the benefits and the ease of 

telecommuting; 

(ii) conduct outreach— 

(I) to small business concerns that are considering offering telecommuting options; and 

(II) as provided in subparagraph (B); and 

(iii) acquire telecommuting technologies and equipment to be used for demonstration purposes. 

(D) SELECTION OF REGIONS.—In determining which 

regions will participate in the Telecommuting Pilot Program, the Administrator shall give priority consideration 

to regions in which Federal agencies and private-sector 

employers have demonstrated a strong regional commitment to telecommuting. 

(2) REPORT TO CONGRESS.—Not later than 2 years after 

the date on which funds are first appropriated to carry out 

this subsection, the Administrator shall transmit to the Committee on Small Business and Entrepreneurship of the Senate 

and the Committee on Small Business of the House of Representatives a report containing the results of an evaluation 

of the Telecommuting Pilot Program and any recommendations 

regarding whether the pilot program, with or without modification, should be extended to include the participation of all 

regions of the Administration. 

(3) TERMINATION.—The Telecommuting Pilot Program shall 

terminate 4 years after the date on which funds are first 

appropriated to carry out this subsection. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administration $5,000,000 to 

carry out this subsection. 

(e) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.—Section 

9 of the Small Business Act (15 U.S.C. 638) is amended by adding 

at the end the following: 

‘‘(z) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.— 

‘‘(1) FEDERAL AGENCY ENERGY-RELATED PRIORITY.—In carrying out its duties under this section relating to SBIR and 

STTR solicitations by Federal departments and agencies, the 

Administrator shall— 

‘‘(A) ensure that such departments and agencies give 

high priority to small business concerns that participate 

in or conduct energy efficiency or renewable energy system 

research and development projects; and 

‘‘(B) include in the annual report to Congress under 

subsection (b)(7) a determination of whether the priority 

described in subparagraph (A) is being carried out. 

‘‘(2) CONSULTATION REQUIRED.—The Administrator shall 

consult with the heads of other Federal departments and agencies in determining whether priority has been given to small 

business concerns that participate in or conduct energy efficiency or renewable energy system research and development 

projects, as required by this subsection. 

‘‘(3) GUIDELINES.—The Administrator shall, as soon as is 

practicable after the date of enactment of this subsection, issue 

guidelines and directives to assist Federal agencies in meeting 

the requirements of this subsection. 

‘‘(4) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘biomass’— 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1772 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(i) means any organic material that is available 

on a renewable or recurring basis, including— 

‘‘(I) agricultural crops; 

‘‘(II) trees grown for energy production; 

‘‘(III) wood waste and wood residues; 

‘‘(IV) plants (including aquatic plants and 

grasses); 

‘‘(V) residues; 

‘‘(VI) fibers; 

‘‘(VII) animal wastes and other waste materials; and 

‘‘(VIII) fats, oils, and greases (including 

recycled fats, oils, and greases); and 

‘‘(ii) does not include— 

‘‘(I) paper that is commonly recycled; or 

‘‘(II) unsegregated solid waste; 

‘‘(B) the term ‘energy efficiency project’ means the 

installation or upgrading of equipment that results in a 

significant reduction in energy usage; and 

‘‘(C) the term ‘renewable energy system’ means a 

system of energy derived from— 

‘‘(i) a wind, solar, biomass (including biodiesel), 

or geothermal source; or 

‘‘(ii) hydrogen derived from biomass or water using 

an energy source described in clause (i).’’. 

SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP 

ENERGY EFFICIENT TECHNOLOGIES AND PURCHASES. 

(a) ELIGIBILITY FOR ENERGY EFFICIENCY PROJECTS.—Section 

501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 

695(d)(3)) is amended— 

(1) in subparagraph (G) by striking ‘‘or’’ at the end; 

(2) in subparagraph (H) by striking the period at the end 

and inserting a comma; 

(3) by inserting after subparagraph (H) the following: 

‘‘(I) reduction of energy consumption by at least 10 

percent, 

‘‘(J) increased use of sustainable design, including 

designs that reduce the use of greenhouse gas emitting 

fossil fuels, or low-impact design to produce buildings that 

reduce the use of non-renewable resources and minimize 

environmental impact, or 

‘‘(K) plant, equipment and process upgrades of renewable energy sources such as the small-scale production 

of energy for individual buildings or communities consumption, commonly known as micropower, or renewable fuels 

producers including biodiesel and ethanol producers.’’; and 

(4) by adding at the end the following: ‘‘In subparagraphs 

(J) and (K), terms have the meanings given those terms under 

the Leadership in Energy and Environmental Design (LEED) 

standard for green building certification, as determined by the 

Administrator.’’. 

(b) LOANS FOR PLANT PROJECTS USED FOR ENERGY-EFFICIENT

PURPOSES.—Section 502(2)(A) of the Small Business Investment 

Act of 1958 (15 U.S.C. 696(2)(A)) is amended— 

(1) in clause (ii) by striking ‘‘and’’ at the end; 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1773 

(2) in clause (iii) by striking the period at the end and 

inserting a semicolon; and 

(3) by adding at the end the following: ‘‘(iv) $4,000,000 for each project that reduces the 

borrower’s energy consumption by at least 10 percent; 

and 

‘‘(v) $4,000,000 for each project that generates 

renewable energy or renewable fuels, such as biodiesel 

or ethanol production.’’. 

SEC. 1205. ENERGY SAVING DEBENTURES. 

(a) IN GENERAL.—Section 303 of the Small Business Investment 

Act of 1958 (15 U.S.C. 683) is amended by adding at the end 

the following: 

‘‘(k) ENERGY SAVING DEBENTURES.—In addition to any other 

authority under this Act, a small business investment company 

licensed in the first fiscal year after the date of enactment of 

this subsection or any fiscal year thereafter may issue Energy 

Saving debentures.’’. 

(b) DEFINITIONS.—Section 103 of the Small Business Investment 

Act of 1958 (15 U.S.C. 662) is amended— 

(1) in paragraph (16), by striking ‘‘and’’ at the end; 

(2) in paragraph (17), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(18) the term ‘Energy Saving debenture’ means a deferred 

interest debenture that— 

‘‘(A) is issued at a discount; 

‘‘(B) has a 5-year maturity or a 10-year maturity; 

‘‘(C) requires no interest payment or annual charge 

for the first 5 years; 

‘‘(D) is restricted to Energy Saving qualified investments; and 

‘‘(E) is issued at no cost (as defined in section 502 

of the Credit Reform Act of 1990) with respect to purchasing and guaranteeing the debenture; and 

‘‘(19) the term ‘Energy Saving qualified investment’ means 

investment in a small business concern that is primarily 

engaged in researching, manufacturing, developing, or providing products, goods, or services that reduce the use or 

consumption of non-renewable energy resources.’’. 

SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES. 

(a) MAXIMUM LEVERAGE.—Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by 

adding at the end the following: 

‘‘(D) INVESTMENTS IN ENERGY SAVING SMALL

BUSINESSES.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), in calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall 

exclude the amount of the cost basis of any Energy 

Saving qualified investment in a smaller enterprise 

made in the first fiscal year after the date of enactment 

of this subparagraph or any fiscal year thereafter by 

a company licensed in the applicable fiscal year. 

‘‘(ii) LIMITATIONS.— 

15 USC 683. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1774 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(I) AMOUNT OF EXCLUSION.—The amount 

excluded under clause (i) for a company shall not 

exceed 33 percent of the private capital of that 

company. 

‘‘(II) MAXIMUM INVESTMENT.—A company shall 

not make an Energy Saving qualified investment 

in any one entity in an amount equal to more 

than 20 percent of the private capital of that company. 

‘‘(III) OTHER TERMS.—The exclusion of 

amounts under clause (i) shall be subject to such 

terms as the Administrator may impose to ensure 

that there is no cost (as that term is defined in 

section 502 of the Federal Credit Reform Act of 

1990 (2 U.S.C. 661a)) with respect to purchasing 

or guaranteeing any debenture involved.’’. 

(b) MAXIMUM AGGREGATE AMOUNT OF LEVERAGE.—Section 

303(b)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 

303(b)(4)) is amended by adding at the end the following: 

‘‘(E) INVESTMENTS IN ENERGY SAVING SMALL

BUSINESSES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), in calculating the aggregate outstanding leverage of a company 

for purposes of subparagraph (A), the Administrator 

shall exclude the amount of the cost basis of any 

Energy Saving qualified investment in a smaller enterprise made in the first fiscal year after the date of 

enactment of this subparagraph or any fiscal year 

thereafter by a company licensed in the applicable 

fiscal year. 

‘‘(ii) LIMITATIONS.— ‘‘(I) AMOUNT OF EXCLUSION.—The amount 

excluded under clause (i) for a company shall not 

exceed 33 percent of the private capital of that 

company. 

‘‘(II) MAXIMUM INVESTMENT.—A company shall 

not make an Energy Saving qualified investment 

in any one entity in an amount equal to more 

than 20 percent of the private capital of that company. 

‘‘(III) OTHER TERMS.—The exclusion of 

amounts under clause (i) shall be subject to such 

terms as the Administrator may impose to ensure 

that there is no cost (as that term is defined in 

section 502 of the Federal Credit Reform Act of 

1990 (2 U.S.C. 661a)) with respect to purchasing 

or guaranteeing any debenture involved.’’. 

SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY. 

Title III of the Small Business Investment Act of 1958 (15 

U.S.C. 681 et seq.) is amended by adding at the end the following: 

‘‘PART C—RENEWABLE FUEL CAPITAL 

INVESTMENT PILOT PROGRAM 

‘‘SEC. 381. DEFINITIONS. 

‘‘In this part: 

15 USC 690. 

15 USC 683. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1775 

‘‘(1) OPERATIONAL ASSISTANCE.—The term ‘operational 

assistance’ means management, marketing, and other technical 

assistance that assists a small business concern with business 

development. 

‘‘(2) PARTICIPATION AGREEMENT.—The term ‘participation 

agreement’ means an agreement, between the Administrator 

and a company granted final approval under section 384(e), 

that— 

‘‘(A) details the operating plan and investment criteria 

of the company; and 

‘‘(B) requires the company to make investments in 

smaller enterprises primarily engaged in researching, 

manufacturing, developing, producing, or bringing to 

market goods, products, or services that generate or support 

the production of renewable energy. 

‘‘(3) RENEWABLE ENERGY.—The term ‘renewable energy’ 

means energy derived from resources that are regenerative 

or that cannot be depleted, including solar, wind, ethanol, and 

biodiesel fuels. 

‘‘(4) RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.—The 

term ‘Renewable Fuel Capital Investment company’ means a 

company— 

‘‘(A) that— 

‘‘(i) has been granted final approval by the 

Administrator under section 384(e); and 

‘‘(ii) has entered into a participation agreement 

with the Administrator; or 

‘‘(B) that has received conditional approval under section 384(c). 

‘‘(5) STATE.—The term ‘State’ means each of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other 

commonwealth, territory, or possession of the United States. 

‘‘(6) VENTURE CAPITAL.—The term ‘venture capital’ means 

capital in the form of equity capital investments, as that term 

is defined in section 303(g)(4). 

‘‘SEC. 382. PURPOSES. 

‘‘The purposes of the Renewable Fuel Capital Investment Program established under this part are— 

‘‘(1) to promote the research, development, manufacture, 

production, and bringing to market of goods, products, or services that generate or support the production of renewable 

energy by encouraging venture capital investments in smaller 

enterprises primarily engaged such activities; and 

‘‘(2) to establish a venture capital program, with the mission of addressing the unmet equity investment needs of smaller 

enterprises engaged in researching, developing, manufacturing, 

producing, and bringing to market goods, products, or services 

that generate or support the production of renewable energy, 

to be administered by the Administrator— 

‘‘(A) to enter into participation agreements with Renewable Fuel Capital Investment companies; 

‘‘(B) to guarantee debentures of Renewable Fuel Capital Investment companies to enable each such company 

to make venture capital investments in smaller enterprises 

15 USC 690a. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1776 PUBLIC LAW 110–140—DEC. 19, 2007 

engaged in the research, development, manufacture, 

production, and bringing to market of goods, products, or 

services that generate or support the production of renewable energy; and 

‘‘(C) to make grants to Renewable Fuel Investment 

Capital companies, and to other entities, for the purpose 

of providing operational assistance to smaller enterprises 

financed, or expected to be financed, by such companies. 

‘‘SEC. 383. ESTABLISHMENT. 

‘‘The Administrator shall establish a Renewable Fuel Capital 

Investment Program, under which the Administrator may— 

‘‘(1) enter into participation agreements for the purposes 

described in section 382; and 

‘‘(2) guarantee the debentures issued by Renewable Fuel 

Capital Investment companies as provided in section 385. 

‘‘SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT 

COMPANIES. 

‘‘(a) ELIGIBILITY.—A company is eligible to apply to be designated as a Renewable Fuel Capital Investment company if the 

company— 

‘‘(1) is a newly formed for-profit entity or a newly formed 

for-profit subsidiary of an existing entity; 

‘‘(2) has a management team with experience in alternative 

energy financing or relevant venture capital financing; and 

‘‘(3) has a primary objective of investment in smaller enterprises that research, manufacture, develop, produce, or bring 

to market goods, products, or services that generate or support 

the production of renewable energy. 

‘‘(b) APPLICATION.—A company desiring to be designated as 

a Renewable Fuel Capital Investment company shall submit an 

application to the Administrator that includes— 

‘‘(1) a business plan describing how the company intends 

to make successful venture capital investments in smaller 

enterprises primarily engaged in the research, manufacture, 

development, production, or bringing to market of goods, products, or services that generate or support the production of 

renewable energy; 

‘‘(2) information regarding the relevant venture capital 

qualifications and general reputation of the management of 

the company; 

‘‘(3) a description of how the company intends to seek 

to address the unmet capital needs of the smaller enterprises 

served; 

‘‘(4) a proposal describing how the company intends to 

use the grant funds provided under this part to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company 

has employees with appropriate professional licenses or will 

contract with another entity when the services of such an 

individual are necessary; 

‘‘(5) with respect to binding commitments to be made to 

the company under this part, an estimate of the ratio of cash 

to in-kind contributions; 

‘‘(6) a description of whether and to what extent the company meets the criteria under subsection (c)(2) and the objectives of the program established under this part; 

15 USC 690c. 

15 USC 690b. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1777 

‘‘(7) information regarding the management and financial 

strength of any parent firm, affiliated firm, or any other firm 

essential to the success of the business plan of the company; 

and 

‘‘(8) such other information as the Administrator may 

require. 

‘‘(c) CONDITIONAL APPROVAL.— ‘‘(1) IN GENERAL.—From among companies submitting 

applications under subsection (b), the Administrator shall conditionally approve companies to operate as Renewable Fuel Capital Investment companies. 

‘‘(2) SELECTION CRITERIA.—In conditionally approving 

companies under paragraph (1), the Administrator shall consider— 

‘‘(A) the likelihood that the company will meet the 

goal of its business plan; 

‘‘(B) the experience and background of the management 

team of the company; 

‘‘(C) the need for venture capital investments in the 

geographic areas in which the company intends to invest; 

‘‘(D) the extent to which the company will concentrate 

its activities on serving the geographic areas in which 

it intends to invest; 

‘‘(E) the likelihood that the company will be able to 

satisfy the conditions under subsection (d); 

‘‘(F) the extent to which the activities proposed by 

the company will expand economic opportunities in the 

geographic areas in which the company intends to invest; 

‘‘(G) the strength of the proposal by the company to 

provide operational assistance under this part as the proposal relates to the ability of the company to meet 

applicable cash requirements and properly use in-kind contributions, including the use of resources for the services 

of licensed professionals, when necessary, whether provided 

by employees or contractors; and 

‘‘(H) any other factor determined appropriate by the 

Administrator. 

‘‘(3) NATIONWIDE DISTRIBUTION.—From among companies 

submitting applications under subsection (b), the Administrator 

shall consider the selection criteria under paragraph (2) and 

shall, to the maximum extent practicable, approve at least 

one company from each geographic region of the Administration. 

‘‘(d) REQUIREMENTS TO BE MET FOR FINAL APPROVAL.— 

‘‘(1) IN GENERAL.—The Administrator shall grant each 

conditionally approved company 2 years to satisfy the requirements of this subsection. 

‘‘(2) CAPITAL REQUIREMENT.—Each conditionally approved 

company shall raise not less than $3,000,000 of private capital 

or binding capital commitments from 1 or more investors (which 

shall not be departments or agencies of the Federal Government) who meet criteria established by the Administrator. 

‘‘(3) NONADMINISTRATION RESOURCES FOR OPERATIONAL

ASSISTANCE.— 

‘‘(A) IN GENERAL.—In order to provide operational 

assistance to smaller enterprises expected to be financed 

by the company, each conditionally approved company shall 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1778 PUBLIC LAW 110–140—DEC. 19, 2007 

have binding commitments (for contribution in cash or 

in-kind)— 

‘‘(i) from sources other than the Administration 

that meet criteria established by the Administrator; 

and 

‘‘(ii) payable or available over a multiyear period 

determined appropriate by the Administrator (not to 

exceed 10 years). 

‘‘(B) EXCEPTION.—The Administrator may, in the 

discretion of the Administrator and based upon a showing 

of special circumstances and good cause, consider an 

applicant to have satisfied the requirements of subparagraph (A) if the applicant has— 

‘‘(i) a viable plan that reasonably projects the 

capacity of the applicant to raise the amount (in cash 

or in-kind) required under subparagraph (A); and 

‘‘(ii) binding commitments in an amount equal to 

not less than 20 percent of the total amount required 

under paragraph (A). 

‘‘(C) LIMITATION.—The total amount of a in-kind contributions by a company shall be not more than 50 percent 

of the total contributions by a company. 

‘‘(e) FINAL APPROVAL; DESIGNATION.—The Administrator shall, 

with respect to each applicant conditionally approved under subsection (c)— 

‘‘(1) grant final approval to the applicant to operate as 

a Renewable Fuel Capital Investment company under this part 

and designate the applicant as such a company, if the 

applicant— 

‘‘(A) satisfies the requirements of subsection (d) on 

or before the expiration of the time period described in 

that subsection; and 

‘‘(B) enters into a participation agreement with the 

Administrator; or 

‘‘(2) if the applicant fails to satisfy the requirements of 

subsection (d) on or before the expiration of the time period 

described in paragraph (1) of that subsection, revoke the conditional approval granted under that subsection. 

‘‘SEC. 385. DEBENTURES. 

‘‘(a) IN GENERAL.—The Administrator may guarantee the timely 

payment of principal and interest, as scheduled, on debentures 

issued by any Renewable Fuel Capital Investment company. 

‘‘(b) TERMS AND CONDITIONS.—The Administrator may make 

guarantees under this section on such terms and conditions as 

it determines appropriate, except that— 

‘‘(1) the term of any debenture guaranteed under this section shall not exceed 15 years; and 

‘‘(2) a debenture guaranteed under this section— 

‘‘(A) shall carry no front-end or annual fees; 

‘‘(B) shall be issued at a discount; 

‘‘(C) shall require no interest payments during the 

5-year period beginning on the date the debenture is issued; 

‘‘(D) shall be prepayable without penalty after the end 

of the 1-year period beginning on the date the debenture 

is issued; and 

15 USC 690d. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1779 

‘‘(E) shall require semiannual interest payments after 

the period described in subparagraph (C). 

‘‘(c) FULL FAITH AND CREDIT OF THE UNITED STATES.—The 

full faith and credit of the United States is pledged to pay all 

amounts that may be required to be paid under any guarantee 

under this part. 

‘‘(d) MAXIMUM GUARANTEE.— 

‘‘(1) IN GENERAL.—Under this section, the Administrator 

may guarantee the debentures issued by a Renewable Fuel 

Capital Investment company only to the extent that the total 

face amount of outstanding guaranteed debentures of such company does not exceed 150 percent of the private capital of 

the company, as determined by the Administrator. 

‘‘(2) TREATMENT OF CERTAIN FEDERAL FUNDS.—For the purposes of paragraph (1), private capital shall include capital 

that is considered to be Federal funds, if such capital is contributed by an investor other than a department or agency of 

the Federal Government. 

‘‘SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES. 

‘‘(a) ISSUANCE.—The Administrator may issue trust certificates 

representing ownership of all or a fractional part of debentures 

issued by a Renewable Fuel Capital Investment company and 

guaranteed by the Administrator under this part, if such certificates 

are based on and backed by a trust or pool approved by the Administrator and composed solely of guaranteed debentures. 

‘‘(b) GUARANTEE.— 

‘‘(1) IN GENERAL.—The Administrator may, under such 

terms and conditions as it determines appropriate, guarantee 

the timely payment of the principal of and interest on trust 

certificates issued by the Administrator or its agents for purposes of this section. 

‘‘(2) LIMITATION.—Each guarantee under this subsection 

shall be limited to the extent of principal and interest on 

the guaranteed debentures that compose the trust or pool. 

‘‘(3) PREPAYMENT OR DEFAULT.—If a debenture in a trust 

or pool is prepaid, or in the event of default of such a debenture, 

the guarantee of timely payment of principal and interest on 

the trust certificates shall be reduced in proportion to the 

amount of principal and interest such prepaid debenture represents in the trust or pool. Interest on prepaid or defaulted 

debentures shall accrue and be guaranteed by the Administrator only through the date of payment of the guarantee. 

At any time during its term, a trust certificate may be called 

for redemption due to prepayment or default of all debentures. 

‘‘(c) FULL FAITH AND CREDIT OF THE UNITED STATES.—The 

full faith and credit of the United States is pledged to pay all 

amounts that may be required to be paid under any guarantee 

of a trust certificate issued by the Administrator or its agents 

under this section. 

‘‘(d) FEES.—The Administrator shall not collect a fee for any 

guarantee of a trust certificate under this section, but any agent 

of the Administrator may collect a fee approved by the Administrator for the functions described in subsection (f)(2). 

‘‘(e) SUBROGATION AND OWNERSHIP RIGHTS.— 

15 USC 690e. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1780 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(1) SUBROGATION.—If the Administrator pays a claim 

under a guarantee issued under this section, it shall be subrogated fully to the rights satisfied by such payment. 

‘‘(2) OWNERSHIP RIGHTS.—No Federal, State, or local law 

shall preclude or limit the exercise by the Administrator of 

its ownership rights in the debentures residing in a trust or 

pool against which trust certificates are issued under this section. 

‘‘(f) MANAGEMENT AND ADMINISTRATION.— ‘‘(1) REGISTRATION.—The Administrator may provide for 

a central registration of all trust certificates issued under this 

section. 

‘‘(2) CONTRACTING OF FUNCTIONS.— ‘‘(A) IN GENERAL.—The Administrator may contract 

with an agent or agents to carry out on behalf of the 

Administrator the pooling and the central registration functions provided for in this section, including, not withstanding any other provision of law— 

‘‘(i) maintenance, on behalf of and under the direction of the Administrator, of such commercial bank 

accounts or investments in obligations of the United 

States as may be necessary to facilitate the creation 

of trusts or pools backed by debentures guaranteed 

under this part; and 

‘‘(ii) the issuance of trust certificates to facilitate 

the creation of such trusts or pools. 

‘‘(B) FIDELITY BOND OR INSURANCE REQUIREMENT.—Any 

agent performing functions on behalf of the Administrator 

under this paragraph shall provide a fidelity bond or insurance in such amounts as the Administrator determines 

to be necessary to fully protect the interests of the United 

States. 

‘‘(3) REGULATION OF BROKERS AND DEALERS.—The Administrator may regulate brokers and dealers in trust certificates 

issued under this section. 

‘‘(4) ELECTRONIC REGISTRATION.—Nothing in this subsection 

may be construed to prohibit the use of a book-entry or other 

electronic form of registration for trust certificates issued under 

this section. 

‘‘SEC. 387. FEES. 

‘‘(a) IN GENERAL.—Except as provided in section 386(d), the 

Administrator may charge such fees as it determines appropriate 

with respect to any guarantee or grant issued under this part, 

in an amount established annually by the Administrator, as necessary to reduce to zero the cost (as defined in section 502 of 

the Federal Credit Reform Act of 1990) to the Administration of 

purchasing and guaranteeing debentures under this part, which 

amounts shall be paid to and retained by the Administration. 

‘‘(b) OFFSET.—The Administrator may, as provided by section 

388, offset fees charged and collected under subsection (a). 

‘‘SEC. 388. FEE CONTRIBUTION. 

‘‘(a) IN GENERAL.—To the extent that amounts are made available to the Administrator for the purpose of fee contributions, 

the Administrator shall contribute to fees paid by the Renewable 

Fuel Capital Investment companies under section 387. 

15 USC 690g. 

15 USC 690f. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1781 

‘‘(b) ANNUAL ADJUSTMENT.—Each fee contribution under subsection (a) shall be effective for 1 fiscal year and shall be adjusted 

as necessary for each fiscal year thereafter to ensure that amounts 

under subsection (a) are fully used. The fee contribution for a 

fiscal year shall be based on the outstanding commitments made 

and the guarantees and grants that the Administrator projects 

will be made during that fiscal year, given the program level authorized by law for that fiscal year and any other factors that the 

Administrator determines appropriate. 

‘‘SEC. 389. OPERATIONAL ASSISTANCE GRANTS. 

‘‘(a) IN GENERAL.— 

‘‘(1) AUTHORITY.—The Administrator may make grants to 

Renewable Fuel Capital Investment companies to provide operational assistance to smaller enterprises financed, or expected 

to be financed, by such companies or other entities. 

‘‘(2) TERMS.—A grant under this subsection shall be made 

over a multiyear period not to exceed 10 years, under such 

other terms as the Administrator may require. 

‘‘(3) GRANT AMOUNT.—The amount of a grant made under 

this subsection to a Renewable Fuel Capital Investment company shall be equal to the lesser of— 

‘‘(A) 10 percent of the resources (in cash or in-kind) 

raised by the company under section 384(d)(2); or 

‘‘(B) $1,000,000. 

‘‘(4) PRO RATA REDUCTIONS.—If the amount made available 

to carry out this section is insufficient for the Administrator 

to provide grants in the amounts provided for in paragraph 

(3), the Administrator shall make pro rata reductions in the 

amounts otherwise payable to each company and entity under 

such paragraph. 

‘‘(5) GRANTS TO CONDITIONALLY APPROVED COMPANIES.— 

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

(C), upon the request of a company conditionally approved 

under section 384(c), the Administrator shall make a grant 

to the company under this subsection. 

‘‘(B) REPAYMENT BY COMPANIES NOT APPROVED.—If a 

company receives a grant under this paragraph and does 

not enter into a participation agreement for final approval, 

the company shall, subject to controlling Federal law, repay 

the amount of the grant to the Administrator. 

‘‘(C) DEDUCTION OF GRANT TO APPROVED COMPANY.— 

If a company receives a grant under this paragraph and 

receives final approval under section 384(e), the Administrator shall deduct the amount of the grant from the total 

grant amount the company receives for operational assistance. 

‘‘(D) AMOUNT OF GRANT.—No company may receive a 

grant of more than $100,000 under this paragraph. 

‘‘(b) SUPPLEMENTAL GRANTS.— 

‘‘(1) IN GENERAL.—The Administrator may make supplemental grants to Renewable Fuel Capital Investment companies 

and to other entities, as authorized by this part, under such 

terms as the Administrator may require, to provide additional 

operational assistance to smaller enterprises financed, or 

expected to be financed, by the companies. 

15 USC 690h. 

Effective date. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1782 PUBLIC LAW 110–140—DEC. 19, 2007 

‘‘(2) MATCHING REQUIREMENT.—The Administrator may 

require, as a condition of any supplemental grant made under 

this subsection, that the company or entity receiving the grant 

provide from resources (in a cash or in kind), other then those 

provided by the Administrator, a matching contribution equal 

to the amount of the supplemental grant. 

‘‘(c) LIMITATION.—None of the assistance made available under 

this section may be used for any overhead or general and administrative expense of a Renewable Fuel Capital Investment company. 

‘‘SEC. 390. BANK PARTICIPATION. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), any 

national bank, any member bank of the Federal Reserve System, 

and (to the extent permitted under applicable State law) any 

insured bank that is not a member of such system, may invest 

in any Renewable Fuel Capital Investment company, or in any 

entity established to invest solely in Renewable Fuel Capital Investment companies. 

‘‘(b) LIMITATION.—No bank described in subsection (a) may 

make investments described in such subsection that are greater 

than 5 percent of the capital and surplus of the bank. 

‘‘SEC. 391. FEDERAL FINANCING BANK. 

‘‘Notwithstanding section 318, the Federal Financing Bank may 

acquire a debenture issued by a Renewable Fuel Capital Investment 

company under this part. 

‘‘SEC. 392. REPORTING REQUIREMENT. 

‘‘Each Renewable Fuel Capital Investment company that 

participates in the program established under this part shall provide 

to the Administrator such information as the Administrator may 

require, including— 

‘‘(1) information related to the measurement criteria that 

the company proposed in its program application; and 

‘‘(2) in each case in which the company makes, under 

this part, an investment in, or a loan or a grant to, a business 

that is not primarily engaged in the research, development, 

manufacture, or bringing to market or renewable energy 

sources, a report on the nature, origin, and revenues of the 

business in which investments are made. 

‘‘SEC. 393. EXAMINATIONS. 

‘‘(a) IN GENERAL.—Each Renewable Fuel Capital Investment 

company that participates in the program established under this 

part shall be subject to examinations made at the direction of 

the Investment Division of the Administration in accordance with 

this section. 

‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—Examinations 

under this section may be conducted with the assistance of a private 

sector entity that has both the qualifications and the expertise 

necessary to conduct such examinations. 

‘‘(c) COSTS.— 

‘‘(1) ASSESSMENT.— 

‘‘(A) IN GENERAL.—The Administrator may assess the 

cost of examinations under this section, including compensation of the examiners, against the company examined. 

15 USC 690l. 

15 USC 690k. 

15 USC 690j. 

15 USC 690i. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1783 

‘‘(B) PAYMENT.—Any company against which the 

Administrator assesses costs under this paragraph shall 

pay such costs. 

‘‘(2) DEPOSIT OF FUNDS.—Funds collected under this section 

shall be deposited in the account for salaries and expenses 

of the Administration. 

‘‘SEC. 394. MISCELLANEOUS. 

‘‘To the extent such procedures are not inconsistent with the 

requirements of this part, the Administrator may take such action 

as set forth in sections 309, 311, 312, and 314 and an officer, 

director, employee, agent, or other participant in the management 

or conduct of the affairs of a Renewable Fuel Capital Investment 

company shall be subject to the requirements of such sections. 

‘‘SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS. 

‘‘Using the procedures for removing or suspending a director 

or an officer of a licensee set forth in section 313 (to the extent 

such procedures are not inconsistent with the requirements of this 

part), the Administrator may remove or suspend any director or 

officer of any Renewable Fuel Capital Investment company. 

‘‘SEC. 396. REGULATIONS. 

‘‘The Administrator may issue such regulations as the Administrator determines necessary to carry out the provisions of this 

part in accordance with its purposes. 

‘‘SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 

the Administrator is authorized to make $15,000,000 in operational 

assistance grants under section 389 for each of fiscal years 2008 

and 2009. 

‘‘(b) FUNDS COLLECTED FOR EXAMINATIONS.—Funds deposited 

under section 393(c)(2) are authorized to be appropriated only for 

the costs of examinations under section 393 and for the costs 

of other oversight activities with respect to the program established 

under this part. 

‘‘SEC. 398. TERMINATION. 

‘‘The program under this part shall terminate at the end of 

the second full fiscal year after the date that the Administrator 

establishes the program under this part.’’. 

SEC. 1208. STUDY AND REPORT. 

The Administrator of the Small Business Administration shall 

conduct a study of the Renewable Fuel Capital Investment Program 

under part C of title III of the Small Business Investment Act 

of 1958, as added by this Act. Not later than 3 years after the 

date of enactment of this Act, the Administrator shall complete 

the study under this section and submit to Congress a report 

regarding the results of the study. 

TITLE XIII—SMART GRID 

SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELECTRICITY GRID. 

It is the policy of the United States to support the modernization of the Nation’s electricity transmission and distribution system 

15 USC 17381. 

15 USC 690q. 

15 USC 690p. 

15 USC 690o. 

15 USC 690n. 

15 USC 690m. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1784 PUBLIC LAW 110–140—DEC. 19, 2007 

to maintain a reliable and secure electricity infrastructure that 

can meet future demand growth and to achieve each of the following, 

which together characterize a Smart Grid: 

(1) Increased use of digital information and controls technology to improve reliability, security, and efficiency of the 

electric grid. 

(2) Dynamic optimization of grid operations and resources, 

with full cyber-security. 

(3) Deployment and integration of distributed resources 

and generation, including renewable resources. 

(4) Development and incorporation of demand response, 

demand-side resources, and energy-efficiency resources. 

(5) Deployment of ‘‘smart’’ technologies (real-time, automated, interactive technologies that optimize the physical operation of appliances and consumer devices) for metering, communications concerning grid operations and status, and distribution automation. 

(6) Integration of ‘‘smart’’ appliances and consumer devices. 

(7) Deployment and integration of advanced electricity storage and peak-shaving technologies, including plug-in electric 

and hybrid electric vehicles, and thermal-storage air conditioning. 

(8) Provision to consumers of timely information and control 

options. 

(9) Development of standards for communication and interoperability of appliances and equipment connected to the electric grid, including the infrastructure serving the grid. 

(10) Identification and lowering of unreasonable or unnecessary barriers to adoption of smart grid technologies, practices, 

and services. 

SEC. 1302. SMART GRID SYSTEM REPORT. 

The Secretary, acting through the Assistant Secretary of the 

Office of Electricity Delivery and Energy Reliability (referred to 

in this section as the ‘‘OEDER’’) and through the Smart Grid 

Task Force established in section 1303, shall, after consulting with 

any interested individual or entity as appropriate, no later than 

1 year after enactment, and every 2 years thereafter, report to 

Congress concerning the status of smart grid deployments nationwide and any regulatory or government barriers to continued 

deployment. The report shall provide the current status and prospects of smart grid development, including information on technology penetration, communications network capabilities, costs, and 

obstacles. It may include recommendations for State and Federal 

policies or actions helpful to facilitate the transition to a smart 

grid. To the extent appropriate, it should take a regional perspective. In preparing this report, the Secretary shall solicit advice 

and contributions from the Smart Grid Advisory Committee created 

in section 1303; from other involved Federal agencies including 

but not limited to the Federal Energy Regulatory Commission 

(‘‘Commission’’), the National Institute of Standards and Technology 

(‘‘Institute’’), and the Department of Homeland Security; and from 

other stakeholder groups not already represented on the Smart 

Grid Advisory Committee. 

SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK 

FORCE. 

(a) SMART GRID ADVISORY COMMITTEE.— 

15 USC 17383. 

15 USC 17382. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1785 

(1) ESTABLISHMENT.—The Secretary shall establish, within 

90 days of enactment of this Part, a Smart Grid Advisory 

Committee (either as an independent entity or as a designated 

sub-part of a larger advisory committee on electricity matters). 

The Smart Grid Advisory Committee shall include eight or 

more members appointed by the Secretary who have sufficient 

experience and expertise to represent the full range of smart 

grid technologies and services, to represent both private and 

non-Federal public sector stakeholders. One member shall be 

appointed by the Secretary to Chair the Smart Grid Advisory 

Committee. 

(2) MISSION.—The mission of the Smart Grid Advisory Committee shall be to advise the Secretary, the Assistant Secretary, 

and other relevant Federal officials concerning the development 

of smart grid technologies, the progress of a national transition 

to the use of smart-grid technologies and services, the evolution 

of widely-accepted technical and practical standards and protocols to allow interoperability and inter-communication among 

smart-grid capable devices, and the optimum means of using 

Federal incentive authority to encourage such progress. 

(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

The Federal Advisory Committee Act (5 U.S.C. App.) shall 

apply to the Smart Grid Advisory Committee. 

(b) SMART GRID TASK FORCE.— 

(1) ESTABLISHMENT.—The Assistant Secretary of the Office 

of Electricity Delivery and Energy Reliability shall establish, 

within 90 days of enactment of this Part, a Smart Grid Task 

Force composed of designated employees from the various divisions of that office who have responsibilities related to the 

transition to smart-grid technologies and practices. The Assistant Secretary or his designee shall be identified as the Director 

of the Smart Grid Task Force. The Chairman of the Federal 

Energy Regulatory Commission and the Director of the National 

Institute of Standards and Technology shall each designate 

at least one employee to participate on the Smart Grid Task 

Force. Other members may come from other agencies at the 

invitation of the Assistant Secretary or the nomination of the 

head of such other agency. The Smart Grid Task Force shall, 

without disrupting the work of the Divisions or Offices from 

which its members are drawn, provide an identifiable Federal 

entity to embody the Federal role in the national transition 

toward development and use of smart grid technologies. 

(2) MISSION.—The mission of the Smart Grid Task Force 

shall be to insure awareness, coordination and integration of 

the diverse activities of the Office and elsewhere in the Federal 

Government related to smart-grid technologies and practices, 

including but not limited to: smart grid research and development; development of widely accepted smart-grid standards 

and protocols; the relationship of smart-grid technologies and 

practices to electric utility regulation; the relationship of smartgrid technologies and practices to infrastructure development, 

system reliability and security; and the relationship of smartgrid technologies and practices to other facets of electricity 

supply, demand, transmission, distribution, and policy. The 

Smart Grid Task Force shall collaborate with the Smart Grid 

Advisory Committee and other Federal agencies and offices. 

Deadline. 

Deadline. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1786 PUBLIC LAW 110–140—DEC. 19, 2007 

The Smart Grid Task Force shall meet at the call of its Director 

as necessary to accomplish its mission. 

(c) AUTHORIZATION.—There are authorized to be appropriated 

for the purposes of this section such sums as are necessary to 

the Secretary to support the operations of the Smart Grid Advisory 

Committee and Smart Grid Task Force for each of fiscal years 

2008 through 2020. 

SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 

DEMONSTRATION. 

(a) POWER GRID DIGITAL INFORMATION TECHNOLOGY.—The Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate agencies, electric utilities, the States, 

and other stakeholders, shall carry out a program— 

(1) to develop advanced techniques for measuring peak 

load reductions and energy-efficiency savings from smart 

metering, demand response, distributed generation, and electricity storage systems; 

(2) to investigate means for demand response, distributed 

generation, and storage to provide ancillary services; 

(3) to conduct research to advance the use of wide-area 

measurement and control networks, including data mining, visualization, advanced computing, and secure and dependable 

communications in a highly-distributed environment; 

(4) to test new reliability technologies, including those concerning communications network capabilities, in a grid control 

room environment against a representative set of local outage 

and wide area blackout scenarios; 

(5) to identify communications network capacity needed 

to implement advanced technologies. 

(6) to investigate the feasibility of a transition to timeof-use and real-time electricity pricing; 

(7) to develop algorithms for use in electric transmission 

system software applications; 

(8) to promote the use of underutilized electricity generation 

capacity in any substitution of electricity for liquid fuels in 

the transportation system of the United States; and 

(9) in consultation with the Federal Energy Regulatory 

Commission, to propose interconnection protocols to enable electric utilities to access electricity stored in vehicles to help 

meet peak demand loads. 

(b) SMART GRID REGIONAL DEMONSTRATION INITIATIVE.— 

(1) IN GENERAL.—The Secretary shall establish a smart 

grid regional demonstration initiative (referred to in this subsection as the ‘‘Initiative’’) composed of demonstration projects 

specifically focused on advanced technologies for use in power 

grid sensing, communications, analysis, and power flow control. 

The Secretary shall seek to leverage existing smart grid deployments. 

(2) GOALS.—The goals of the Initiative shall be— 

(A) to demonstrate the potential benefits of concentrated investments in advanced grid technologies on 

a regional grid; 

(B) to facilitate the commercial transition from the 

current power transmission and distribution system technologies to advanced technologies; 

42 USC 17384. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1787 

(C) to facilitate the integration of advanced technologies in existing electric networks to improve system 

performance, power flow control, and reliability; 

(D) to demonstrate protocols and standards that allow 

for the measurement and validation of the energy savings 

and fossil fuel emission reductions associated with the 

installation and use of energy efficiency and demand 

response technologies and practices; and 

(E) to investigate differences in each region and regulatory environment regarding best practices in implementing smart grid technologies. 

(3) DEMONSTRATION PROJECTS.— (A) IN GENERAL.—In carrying out the initiative, the 

Secretary shall carry out smart grid demonstration projects 

in up to 5 electricity control areas, including rural areas 

and at least 1 area in which the majority of generation 

and transmission assets are controlled by a tax-exempt 

entity. 

(B) COOPERATION.—A demonstration project under 

subparagraph (A) shall be carried out in cooperation with 

the electric utility that owns the grid facilities in the electricity control area in which the demonstration project is 

carried out. 

(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVESTMENTS.—The Secretary shall provide to an electric utility 

described in subparagraph (B) financial assistance for use 

in paying an amount equal to not more than 50 percent 

of the cost of qualifying advanced grid technology investments made by the electric utility to carry out a demonstration project. 

(D) INELIGIBILITY FOR GRANTS.—No person or entity 

participating in any demonstration project conducted under 

this subsection shall be eligible for grants under section 

1306 for otherwise qualifying investments made as part 

of that demonstration project. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated— 

(1) to carry out subsection (a), such sums as are necessary 

for each of fiscal years 2008 through 2012; and 

(2) to carry out subsection (b), $100,000,000 for each of 

fiscal years 2008 through 2012. 

SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK. 

(a) INTEROPERABILITY FRAMEWORK.—The Director of the 

National Institute of Standards and Technology shall have primary 

responsibility to coordinate the development of a framework that 

includes protocols and model standards for information management to achieve interoperability of smart grid devices and systems. 

Such protocols and standards shall further align policy, business, 

and technology approaches in a manner that would enable all 

electric resources, including demand-side resources, to contribute 

to an efficient, reliable electricity network. In developing such protocols and standards— 

(1) the Director shall seek input and cooperation from 

the Commission, OEDER and its Smart Grid Task Force, the 

Smart Grid Advisory Committee, other relevant Federal and 

State agencies; and 

15 USC 17385. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1788 PUBLIC LAW 110–140—DEC. 19, 2007 

(2) the Director shall also solicit input and cooperation 

from private entities interested in such protocols and standards, 

including but not limited to the Gridwise Architecture Council, 

the International Electrical and Electronics Engineers, the 

National Electric Reliability Organization recognized by the 

Federal Energy Regulatory Commission, and National Electrical Manufacturer’s Association. 

(b) SCOPE OF FRAMEWORK.—The framework developed under 

subsection (a) shall be flexible, uniform and technology neutral, 

including but not limited to technologies for managing smart grid 

information, and designed— 

(1) to accommodate traditional, centralized generation and 

transmission resources and consumer distributed resources, 

including distributed generation, renewable generation, energy 

storage, energy efficiency, and demand response and enabling 

devices and systems; 

(2) to be flexible to incorporate— 

(A) regional and organizational differences; and 

(B) technological innovations; 

(3) to consider the use of voluntary uniform standards 

for certain classes of mass-produced electric appliances and 

equipment for homes and businesses that enable customers, 

at their election and consistent with applicable State and Federal laws, and are manufactured with the ability to respond 

to electric grid emergencies and demand response signals by 

curtailing all, or a portion of, the electrical power consumed 

by the appliances or equipment in response to an emergency 

or demand response signal, including through— 

(A) load reduction to reduce total electrical demand; 

(B) adjustment of load to provide grid ancillary services; and 

(C) in the event of a reliability crisis that threatens 

an outage, short-term load shedding to help preserve the 

stability of the grid; and 

(4) such voluntary standards should incorporate appropriate manufacturer lead time. 

(c) TIMING OF FRAMEWORK DEVELOPMENT.—The Institute shall 

begin work pursuant to this section within 60 days of enactment. 

The Institute shall provide and publish an initial report on progress 

toward recommended or consensus standards and protocols within 

1 year after enactment, further reports at such times as developments warrant in the judgment of the Institute, and a final report 

when the Institute determines that the work is completed or that 

a Federal role is no longer necessary. 

(d) STANDARDS FOR INTEROPERABILITY IN FEDERAL JURISDICTION.—At any time after the Institute’s work has led to sufficient 

consensus in the Commission’s judgment, the Commission shall 

institute a rulemaking proceeding to adopt such standards and 

protocols as may be necessary to insure smart-grid functionality 

and interoperability in interstate transmission of electric power, 

and regional and wholesale electricity markets. 

(e) AUTHORIZATION.—There are authorized to be appropriated 

for the purposes of this section $5,000,000 to the Institute to support 

the activities required by this subsection for each of fiscal years 

2008 through 2012. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1789 

SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT 

COSTS. 

(a) MATCHING FUND.—The Secretary shall establish a Smart 

Grid Investment Matching Grant Program to provide reimbursement of one-fifth (20 percent) of qualifying Smart Grid investments. 

(b) QUALIFYING INVESTMENTS.—Qualifying Smart Grid investments may include any of the following made on or after the 

date of enactment of this Act: 

(1) In the case of appliances covered for purposes of establishing energy conservation standards under part B of title 

III of the Energy Policy and Conservation Act of 1975 (42 

U.S.C. 6291 et seq.), the documented expenditures incurred 

by a manufacturer of such appliances associated with purchasing or designing, creating the ability to manufacture, and 

manufacturing and installing for one calendar year, internal 

devices that allow the appliance to engage in Smart Grid functions. 

(2) In the case of specialized electricity-using equipment, 

including motors and drivers, installed in industrial or commercial applications, the documented expenditures incurred by its 

owner or its manufacturer of installing devices or modifying 

that equipment to engage in Smart Grid functions. 

(3) In the case of transmission and distribution equipment 

fitted with monitoring and communications devices to enable 

smart grid functions, the documented expenditures incurred 

by the electric utility to purchase and install such monitoring 

and communications devices. 

(4) In the case of metering devices, sensors, control devices, 

and other devices integrated with and attached to an electric 

utility system or retail distributor or marketer of electricity 

that are capable of engaging in Smart Grid functions, the 

documented expenditures incurred by the electric utility, distributor, or marketer and its customers to purchase and install 

such devices. 

(5) In the case of software that enables devices or computers 

to engage in Smart Grid functions, the documented purchase 

costs of the software. 

(6) In the case of entities that operate or coordinate operations of regional electric grids, the documented expenditures 

for purchasing and installing such equipment that allows Smart 

Grid functions to operate and be combined or coordinated 

among multiple electric utilities and between that region and 

other regions. 

(7) In the case of persons or entities other than electric 

utilities owning and operating a distributed electricity generator, the documented expenditures of enabling that generator 

to be monitored, controlled, or otherwise integrated into grid 

operations and electricity flows on the grid utilizing Smart 

Grid functions. 

(8) In the case of electric or hybrid-electric vehicles, the 

documented expenses for devices that allow the vehicle to 

engage in Smart Grid functions (but not the costs of electricity 

storage for the vehicle). 

(9) The documented expenditures related to purchasing 

and implementing Smart Grid functions in such other cases 

as the Secretary shall identify. In making such grants, the 

Secretary shall seek to reward innovation and early adaptation, 

42 USC 17386. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1790 PUBLIC LAW 110–140—DEC. 19, 2007 

even if success is not complete, rather than deployment of 

proven and commercially viable technologies. 

(c) INVESTMENTS NOT INCLUDED.—Qualifying Smart Grid 

investments do not include any of the following: 

(1) Investments or expenditures for Smart Grid technologies, devices, or equipment that are eligible for specific 

tax credits or deductions under the Internal Revenue Code, 

as amended. 

(2) Expenditures for electricity generation, transmission, 

or distribution infrastructure or equipment not directly related 

to enabling Smart Grid functions. 

(3) After the final date for State consideration of the Smart 

Grid Information Standard under section 1307 (paragraph (17) 

of section 111(d) of the Public Utility Regulatory Policies Act 

of 1978), an investment that is not in compliance with such 

standard. 

(4) After the development and publication by the Institute 

of protocols and model standards for interoperability of smart 

grid devices and technologies, an investment that fails to incorporate any of such protocols or model standards. 

(5) Expenditures for physical interconnection of generators 

or other devices to the grid except those that are directly 

related to enabling Smart Grid functions. 

(6) Expenditures for ongoing salaries, benefits, or personnel 

costs not incurred in the initial installation, training, or start 

up of smart grid functions. 

(7) Expenditures for travel, lodging, meals or other personal 

costs. 

(8) Ongoing or routine operation, billing, customer relations, security, and maintenance expenditures. 

(9) Such other expenditures that the Secretary determines 

not to be Qualifying Smart Grid Investments by reason of 

the lack of the ability to perform Smart Grid functions or 

lack of direct relationship to Smart Grid functions. 

(d) SMART GRID FUNCTIONS.—The term ‘‘smart grid functions’’ 

means any of the following: 

(1) The ability to develop, store, send and receive digital 

information concerning electricity use, costs, prices, time of 

use, nature of use, storage, or other information relevant to 

device, grid, or utility operations, to or from or by means 

of the electric utility system, through one or a combination 

of devices and technologies. 

(2) The ability to develop, store, send and receive digital 

information concerning electricity use, costs, prices, time of 

use, nature of use, storage, or other information relevant to 

device, grid, or utility operations to or from a computer or 

other control device. 

(3) The ability to measure or monitor electricity use as 

a function of time of day, power quality characteristics such 

as voltage level, current, cycles per second, or source or type 

of generation and to store, synthesize or report that information 

by digital means. 

(4) The ability to sense and localize disruptions or changes 

in power flows on the grid and communicate such information 

instantaneously and automatically for purposes of enabling 

automatic protective responses to sustain reliability and security of grid operations. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1791 

(5) The ability to detect, prevent, communicate with regard 

to, respond to, or recover from system security threats, 

including cyber-security threats and terrorism, using digital 

information, media, and devices. 

(6) The ability of any appliance or machine to respond 

to such signals, measurements, or communications automatically or in a manner programmed by its owner or operator 

without independent human intervention. 

(7) The ability to use digital information to operate 

functionalities on the electric utility grid that were previously 

electro-mechanical or manual. 

(8) The ability to use digital controls to manage and modify 

electricity demand, enable congestion management, assist in 

voltage control, provide operating reserves, and provide frequency regulation. 

(9) Such other functions as the Secretary may identify 

as being necessary or useful to the operation of a Smart Grid. 

(e) The Secretary shall— 

(1) establish and publish in the Federal Register, within 

1 year after the enactment of this Act procedures by which 

applicants who have made qualifying Smart Grid investments 

can seek and obtain reimbursement of one-fifth of their documented expenditures; 

(2) establish procedures to ensure that there is no duplication or multiple reimbursement for the same investment or 

costs, that the reimbursement goes to the party making the 

actual expenditures for Qualifying Smart Grid Investments, 

and that the grants made have significant effect in encouraging 

and facilitating the development of a smart grid; 

(3) maintain public records of reimbursements made, recipients, and qualifying Smart Grid investments which have 

received reimbursements; 

(4) establish procedures to provide, in cases deemed by 

the Secretary to be warranted, advance payment of moneys 

up to the full amount of the projected eventual reimbursement, 

to creditworthy applicants whose ability to make Qualifying 

Smart Grid Investments may be hindered by lack of initial 

capital, in lieu of any later reimbursement for which that 

applicant qualifies, and subject to full return of the advance 

payment in the event that the Qualifying Smart Grid investment is not made; and 

(5) have and exercise the discretion to deny grants for 

investments that do not qualify in the reasonable judgment 

of the Secretary. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such sums as are necessary 

for the administration of this section and the grants to be made 

pursuant to this section for fiscal years 2008 through 2012. 

SEC. 1307. STATE CONSIDERATION OF SMART GRID. 

(a) Section 111(d) of the Public Utility Regulatory Policies Act 

of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end 

the following: 

‘‘(16) CONSIDERATION OF SMART GRID INVESTMENTS.— 

‘‘(A) IN GENERAL.—Each State shall consider requiring 

that, prior to undertaking investments in nonadvanced grid 

technologies, an electric utility of the State demonstrate 

Records. 

Federal Register, 

publication. 

Deadline. 

Procedures. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1792 PUBLIC LAW 110–140—DEC. 19, 2007 

to the State that the electric utility considered an investment in a qualified smart grid system based on appropriate 

factors, including— 

‘‘(i) total costs; 

‘‘(ii) cost-effectiveness; 

‘‘(iii) improved reliability; 

‘‘(iv) security; 

‘‘(v) system performance; and 

‘‘(vi) societal benefit. 

‘‘(B) RATE RECOVERY.—Each State shall consider 

authorizing each electric utility of the State to recover 

from ratepayers any capital, operating expenditure, or 

other costs of the electric utility relating to the deployment 

of a qualified smart grid system, including a reasonable 

rate of return on the capital expenditures of the electric 

utility for the deployment of the qualified smart grid 

system. 

‘‘(C) OBSOLETE EQUIPMENT.—Each State shall consider 

authorizing any electric utility or other party of the State 

to deploy a qualified smart grid system to recover in a 

timely manner the remaining book-value costs of any equipment rendered obsolete by the deployment of the qualified 

smart grid system, based on the remaining depreciable 

life of the obsolete equipment. 

‘‘(17) SMART GRID INFORMATION.— 

‘‘(A) STANDARD.—All electricity purchasers shall be provided direct access, in written or electronic machine-readable form as appropriate, to information from their electricity provider as provided in subparagraph (B). 

‘‘(B) INFORMATION.—Information provided under this 

section, to the extent practicable, shall include: 

‘‘(i) PRICES.—Purchasers and other interested persons shall be provided with information on— 

‘‘(I) time-based electricity prices in the wholesale electricity market; and 

‘‘(II) time-based electricity retail prices or rates 

that are available to the purchasers. 

‘‘(ii) USAGE.—Purchasers shall be provided with 

the number of electricity units, expressed in kwh, purchased by them. 

‘‘(iii) INTERVALS AND PROJECTIONS.—Updates of 

information on prices and usage shall be offered on 

not less than a daily basis, shall include hourly price 

and use information, where available, and shall include 

a day-ahead projection of such price information to 

the extent available. 

‘‘(iv) SOURCES.—Purchasers and other interested 

persons shall be provided annually with written 

information on the sources of the power provided by 

the utility, to the extent it can be determined, by 

type of generation, including greenhouse gas emissions 

associated with each type of generation, for intervals 

during which such information is available on a costeffective basis. 

‘‘(C) ACCESS.—Purchasers shall be able to access their 

own information at any time through the Internet and 

on other means of communication elected by that utility 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1793 

for Smart Grid applications. Other interested persons shall 

be able to access information not specific to any purchaser 

through the Internet. Information specific to any purchaser 

shall be provided solely to that purchaser.’’. 

(b) COMPLIANCE.— 

(1) TIME LIMITATIONS.—Section 112(b) of the Public Utility 

Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 

by adding the following at the end thereof: 

‘‘(6)(A) Not later than 1 year after the enactment of this 

paragraph, each State regulatory authority (with respect to 

each electric utility for which it has ratemaking authority) 

and each nonregulated utility shall commence the consideration 

referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraphs 

(17) through (18) of section 111(d). 

‘‘(B) Not later than 2 years after the date of the enactment 

of this paragraph, each State regulatory authority (with respect 

to each electric utility for which it has ratemaking authority), 

and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 

111 with respect to each standard established by paragraphs 

(17) through (18) of section 111(d).’’. 

(2) FAILURE TO COMPLY.—Section 112(c) of the Public 

Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 

amended by adding the following at the end: 

‘‘In the case of the standards established by paragraphs (16) 

through (19) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to 

be a reference to the date of enactment of such paragraphs.’’. 

(3) PRIOR STATE ACTIONS.—Section 112(d) of the Public 

Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) 

is amended by inserting ‘‘and paragraphs (17) through (18)’’ 

before ‘‘of section 111(d)’’. 

SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE 

DEVELOPMENT OF COMBINED HEAT AND POWER FACILITIES. 

(a) STUDY.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

States and other appropriate entities, shall conduct a study 

of the laws (including regulations) affecting the siting of privately owned electric distribution wires on and across public 

rights-of-way. 

(2) REQUIREMENTS.—The study under paragraph (1) shall 

include— 

(A) an evaluation of— 

(i) the purposes of the laws; and 

(ii) the effect the laws have on the development 

of combined heat and power facilities; 

(B) a determination of whether a change in the laws 

would have any operating, reliability, cost, or other impacts 

on electric utilities and the customers of the electric utilities; and 

(C) an assessment of— 

(i) whether privately owned electric distribution 

wires would result in duplicative facilities; and 

Deadlines. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1794 PUBLIC LAW 110–140—DEC. 19, 2007 

(ii) whether duplicative facilities are necessary or 

desirable. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall submit to Congress a report that 

describes the results of the study conducted under subsection (a). 

SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID 

SYSTEMS. 

(a) DOE STUDY.—The Secretary shall, within 18 months after 

the date of enactment of this Act, submit a report to Congress 

that provides a quantitative assessment and determination of the 

existing and potential impacts of the deployment of Smart Grid 

systems on improving the security of the Nation’s electricity infrastructure and operating capability. The report shall include but 

not be limited to specific recommendations on each of the following: 

(1) How smart grid systems can help in making the Nation’s 

electricity system less vulnerable to disruptions due to intentional acts against the system. 

(2) How smart grid systems can help in restoring the 

integrity of the Nation’s electricity system subsequent to disruptions. 

(3) How smart grid systems can facilitate nationwide, interoperable emergency communications and control of the Nation’s 

electricity system during times of localized, regional, or nationwide emergency. 

(4) What risks must be taken into account that smart 

grid systems may, if not carefully created and managed, create 

vulnerability to security threats of any sort, and how such 

risks may be mitigated. 

(b) CONSULTATION.—The Secretary shall consult with other Federal agencies in the development of the report under this section, 

including but not limited to the Secretary of Homeland Security, 

the Federal Energy Regulatory Commission, and the Electric Reliability Organization certified by the Commission under section 

215(c) of the Federal Power Act (16 U.S.C. 824o) as added by 

section 1211 of the Energy Policy Act of 2005 (Public Law 109– 

58; 119 Stat. 941). 

TITLE XIV—POOL AND SPA SAFETY 

SEC. 1401. SHORT TITLE. 

This title may be cited as the ‘‘Virginia Graeme Baker Pool 

and Spa Safety Act’’. 

SEC. 1402. FINDINGS. 

Congress finds the following: 

(1) Of injury-related deaths, drowning is the second leading 

cause of death in children aged 1 to 14 in the United States. 

(2) In 2004, 761 children aged 14 and under died as a 

result of unintentional drowning. 

(3) Adult supervision at all aquatic venues is a critical 

safety factor in preventing children from drowning. 

(4) Research studies show that the installation and proper 

use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings. 

15 USC 8001. 

Virginia Graeme 

Baker Pool and 

Spa Safety Act. 

15 USC 8001 

note. 

Deadline. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1795 

SEC. 1403. DEFINITIONS. 

In this title: 

(1) ASME/ANSI.—The term ‘‘ASME/ANSI’’ as applied to 

a safety standard means such a standard that is accredited 

by the American National Standards Institute and published 

by the American Society of Mechanical Engineers. 

(2) BARRIER.—The term ‘‘barrier’’ includes a natural or 

constructed topographical feature that prevents unpermitted 

access by children to a swimming pool, and, with respect to 

a hot tub, a lockable cover. 

(3) COMMISSION.—The term ‘‘Commission’’ means the Consumer Product Safety Commission. 

(4) MAIN DRAIN.—The term ‘‘main drain’’ means a submerged suction outlet typically located at the bottom of a pool 

or spa to conduct water to a recirculating pump. 

(5) SAFETY VACUUM RELEASE SYSTEM.—The term ‘‘safety 

vacuum release system’’ means a vacuum release system 

capable of providing vacuum release at a suction outlet caused 

by a high vacuum occurrence due to a suction outlet flow 

blockage. 

(6) SWIMMING POOL; SPA.—The term ‘‘swimming pool’’ or 

‘‘spa’’ means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and aboveground structures, and includes hot tubs, spas, portable spas, 

and non-portable wading pools. 

(7) UNBLOCKABLE DRAIN.—The term ‘‘unblockable drain’’ 

means a drain of any size and shape that a human body 

cannot sufficiently block to create a suction entrapment hazard. 

SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER 

STANDARD. 

(a) CONSUMER PRODUCT SAFETY RULE.—The requirements 

described in subsection (b) shall be treated as a consumer product 

safety rule issued by the Consumer Product Safety Commission 

under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). 

(b) DRAIN COVER STANDARD.—Effective 1 year after the date 

of enactment of this title, each swimming pool or spa drain cover 

manufactured, distributed, or entered into commerce in the United 

States shall conform to the entrapment protection standards of 

the ASME/ANSI A112.19.8 performance standard, or any successor 

standard regulating such swimming pool or drain cover. 

(c) PUBLIC POOLS.— 

(1) REQUIRED EQUIPMENT.— 

(A) IN GENERAL.—Beginning 1 year after the date of 

enactment of this title— 

(i) each public pool and spa in the United States 

shall be equipped with anti-entrapment devices or systems that comply with the ASME/ANSI A112.19.8 

performance standard, or any successor standard; and 

(ii) each public pool and spa in the United States 

with a single main drain other than an unblockable 

drain shall be equipped, at a minimum, with 1 or 

more of the following devices or systems designed to 

prevent entrapment by pool or spa drains that meets 

the requirements of subparagraph (B): 

(I) SAFETY VACUUM RELEASE SYSTEM.—A safety 

vacuum release system which ceases operation of 

Effective date. 

Effective date. 

15 USC 8003. 

15 USC 8002. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1796 PUBLIC LAW 110–140—DEC. 19, 2007 

the pump, reverses the circulation flow, or otherwise provides a vacuum release at a suction outlet 

when a blockage is detected, that has been tested 

by an independent third party and found to conform to ASME/ANSI standard A112.19.17 or 

ASTM standard F2387. 

(II) SUCTION-LIMITING VENT SYSTEM.—A suction-limiting vent system with a tamper-resistant 

atmospheric opening. 

(III) GRAVITY DRAINAGE SYSTEM.—A gravity 

drainage system that utilizes a collector tank. 

(IV) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An 

automatic pump shut-off system. 

(V) DRAIN DISABLEMENT.—A device or system 

that disables the drain. 

(VI) OTHER SYSTEMS.—Any other system 

determined by the Commission to be equally effective as, or better than, the systems described in 

subclauses (I) through (V) of this clause at preventing or eliminating the risk of injury or death 

associated with pool drainage systems. 

(B) APPLICABLE STANDARDS.—Any device or system 

described in subparagraph (A)(ii) shall meet the requirements of any ASME/ANSI or ASTM performance standard 

if there is such a standard for such a device or system, 

or any applicable consumer product safety standard. 

(2) PUBLIC POOL AND SPA DEFINED.—In this subsection, 

the term ‘‘public pool and spa’’ means a swimming pool or 

spa that is— 

(A) open to the public generally, whether for a fee 

or free of charge; 

(B) open exclusively to— 

(i) members of an organization and their guests; 

(ii) residents of a multi-unit apartment building, 

apartment complex, residential real estate development, or other multi-family residential area (other than 

a municipality, township, or other local government 

jurisdiction); or 

(iii) patrons of a hotel or other public accommodations facility; or 

(C) operated by the Federal Government (or by a 

concessionaire on behalf of the Federal Government) for 

the benefit of members of the Armed Forces and their 

dependents or employees of any department or agency and 

their dependents. 

(3) ENFORCEMENT.—Violation of paragraph (1) shall be 

considered to be a violation of section 19(a)(1) of the Consumer 

Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be 

enforced under section 17 of that Act (15 U.S.C. 2066). 

SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 

(a) IN GENERAL.—Subject to the availability of appropriations 

authorized by subsection (e), the Commission shall establish a grant 

program to provide assistance to eligible States. 

(b) ELIGIBILITY.—To be eligible for a grant under the program, 

a State shall— 

15 USC 8004. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1797 

(1) demonstrate to the satisfaction of the Commission that 

it has a State statute, or that, after the date of enactment 

of this title, it has enacted a statute, or amended an existing 

statute, and provides for the enforcement of, a law that— 

(A) except as provided in section 1406(a)(1)(A)(i), 

applies to all swimming pools in the State; and 

(B) meets the minimum State law requirements of 

section 1406; and 

(2) submit an application to the Commission at such time, 

in such form, and containing such additional information as 

the Commission may require. 

(c) AMOUNT OF GRANT.—The Commission shall determine the 

amount of a grant awarded under this title, and shall consider— 

(1) the population and relative enforcement needs of each 

qualifying State; and 

(2) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment, and, in making 

that allocation, shall give priority to States that have not 

received a grant under this title in a preceding fiscal year. 

(d) USE OF GRANT FUNDS.—A State receiving a grant under 

this section shall use— 

(1) at least 50 percent of amounts made available to hire 

and train enforcement personnel for implementation and 

enforcement of standards under the State swimming pool and 

spa safety law; and 

(2) the remainder— 

(A) to educate pool construction and installation companies and pool service companies about the standards; 

(B) to educate pool owners, pool operators, and other 

members of the public about the standards under the swimming pool and spa safety law and about the prevention 

of drowning or entrapment of children using swimming 

pools and spas; and 

(C) to defray administrative costs associated with such 

training and education programs. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Commission for each of fiscal years 2009 

and 2010 $2,000,000 to carry out this section, such sums to remain 

available until expended. Any amounts appropriated pursuant to 

this subsection that remain unexpended and unobligated at the 

end of fiscal year 2010 shall be retained by the Commission and 

credited to the appropriations account that funds enforcement of 

the Consumer Product Safety Act. 

SEC. 1406. MINIMUM STATE LAW REQUIREMENTS. 

(a) IN GENERAL.— 

(1) SAFETY STANDARDS.—A State meets the minimum State 

law requirements of this section if— 

(A) the State requires by statute— 

(i) the enclosure of all outdoor residential pools 

and spas by barriers to entry that will effectively prevent small children from gaining unsupervised and 

unfettered access to the pool or spa; 

(ii) that all pools and spas be equipped with devices 

and systems designed to prevent entrapment by pool 

or spa drains; 

15 USC 8005. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1798 PUBLIC LAW 110–140—DEC. 19, 2007 

(iii) that pools and spas built more than 1 year 

after the date of the enactment of such statute have— 

(I) more than 1 drain; 

(II) 1 or more unblockable drains; or 

(III) no main drain; 

(iv) every swimming pool and spa that has a main 

drain, other than an unblockable drain, be equipped 

with a drain cover that meets the consumer product 

safety standard established by section 1404; and 

(v) that periodic notification is provided to owners 

of residential swimming pools or spas about compliance 

with the entrapment protection standards of the 

ASME/ANSI A112.19.8 performance standard, or any 

successor standard; and 

(B) the State meets such additional State law requirements for pools and spas as the Commission may establish 

after public notice and a 30-day public comment period. 

(2) NO LIABILITY INFERENCE ASSOCIATED WITH STATE

NOTIFICATION REQUIREMENT.—The minimum State law notification requirement under paragraph (1)(A)(v) shall not be construed to imply any liability on the part of a State related 

to that requirement. 

(3) USE OF MINIMUM STATE LAW REQUIREMENTS.—The 

Commission— 

(A) shall use the minimum State law requirements 

under paragraph (1) solely for the purpose of determining 

the eligibility of a State for a grant under section 1405 

of this Act; and 

(B) may not enforce any requirement under paragraph 

(1) except for the purpose of determining the eligibility 

of a State for a grant under section 1405 of this Act. 

(4) REQUIREMENTS TO REFLECT NATIONAL PERFORMANCE

STANDARDS AND COMMISSION GUIDELINES.—In establishing minimum State law requirements under paragraph (1), the 

Commission shall— 

(A) consider current or revised national performance 

standards on pool and spa barrier protection and entrapment prevention; and 

(B) ensure that any such requirements are consistent 

with the guidelines contained in the Commission’s publication 362, entitled ‘‘Safety Barrier Guidelines for Home 

Pools’’, the Commission’s publication entitled ‘‘Guidelines 

for Entrapment Hazards: Making Pools and Spas Safer’’, 

and any other pool safety guidelines established by the 

Commission. 

(b) STANDARDS.—Nothing in this section prevents the Commission from promulgating standards regulating pool and spa safety 

or from relying on an applicable national performance standard. 

(c) BASIC ACCESS-RELATED SAFETY DEVICES AND EQUIPMENT

REQUIREMENTS TO BE CONSIDERED.—In establishing minimum 

State law requirements for swimming pools and spas under subsection (a)(1), the Commission shall consider the following requirements: 

(1) COVERS.—A safety pool cover. 

(2) GATES.—A gate with direct access to the swimming 

pool or spa that is equipped with a self-closing, self-latching 

device. 

Notification. 

Comment period. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1799 

(3) DOORS.—Any door with direct access to the swimming 

pool or spa that is equipped with an audible alert device or 

alarm which sounds when the door is opened. 

(4) POOL ALARM.—A device designed to provide rapid detection of an entry into the water of a swimming pool or spa. 

(d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERATION PREVEN- TION STANDARDS TO BE REQUIRED.— (1) IN GENERAL.—In establishing additional minimum State 

law requirements for swimming pools and spas under subsection (a)(1), the Commission shall require, at a minimum, 

1 or more of the following (except for pools constructed without 

a single main drain): 

(A) SAFETY VACUUM RELEASE SYSTEM.—A safety 

vacuum release system which ceases operation of the pump, 

reverses the circulation flow, or otherwise provides a 

vacuum release at a suction outlet when a blockage is 

detected, that has been tested by an independent third 

party and found to conform to ASME/ANSI standard 

A112.19.17 or ASTM standard F2387, or any successor 

standard. 

(B) SUCTION-LIMITING VENT SYSTEM.—A suction-limiting vent system with a tamper-resistant atmospheric 

opening. 

(C) GRAVITY DRAINAGE SYSTEM.—A gravity drainage 

system that utilizes a collector tank. 

(D) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An automatic 

pump shut-off system. 

(E) DRAIN DISABLEMENT.—A device or system that disables the drain. 

(F) OTHER SYSTEMS.—Any other system determined 

by the Commission to be equally effective as, or better 

than, the systems described in subparagraphs (A) through 

(E) of this paragraph at preventing or eliminating the 

risk of injury or death associated with pool drainage systems. 

(2) APPLICABLE STANDARDS.—Any device or system 

described in subparagraphs (B) through (E) of paragraph (1) 

shall meet the requirements of any ASME/ANSI or ASTM 

performance standard if there is such a standard for such 

a device or system, or any applicable consumer product safety 

standard. 

SEC. 1407. EDUCATION PROGRAM. 

(a) IN GENERAL.—The Commission shall establish and carry 

out an education program to inform the public of methods to prevent 

drowning and entrapment in swimming pools and spas. In carrying 

out the program, the Commission shall develop— 

(1) educational materials designed for pool manufacturers, 

pool service companies, and pool supply retail outlets; 

(2) educational materials designed for pool owners and 

operators; and 

(3) a national media campaign to promote awareness of 

pool and spa safety. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Commission for each of the fiscal years 

2008 through 2012 $5,000,000 to carry out the education program 

authorized by subsection (a). 

15 USC 8006. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
121 STAT. 1800 PUBLIC LAW 110–140—DEC. 19, 2007 

SEC. 1408. CPSC REPORT. 

Not later than 1 year after the last day of each fiscal year 

for which grants are made under section 1405, the Commission 

shall submit to Congress a report evaluating the implementation 

of the grant program authorized by that section. 

TITLE XV—REVENUE PROVISIONS 

SEC. 1500. AMENDMENT OF 1986 CODE. 

Except as otherwise expressly provided, whenever in this title 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of the 

Internal Revenue Code of 1986. 

SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX. 

(a) IN GENERAL.—Section 3301 (relating to rate of tax) is 

amended— 

(1) by striking ‘‘2007’’ in paragraph (1) and inserting ‘‘2008’’, 

and 

(2) by striking ‘‘2008’’ in paragraph (2) and inserting ‘‘2009’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to wages paid after December 31, 2007. 

SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL 

EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL 

COMPANIES. 

(a) IN GENERAL.—Subparagraph (A) of section 167(h)(5) 

(relating to special rule for major integrated oil companies) is 

amended by striking ‘‘5-year’’ and inserting ‘‘7-year’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to amounts paid or incurred after the date of the 

enactment of this Act. 

26 USC 167 note. 

26 USC 167. 

26 USC 3301 

note. 

26 USC 3301. 

15 USC 8007. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01
PUBLIC LAW 110–140—DEC. 19, 2007 121 STAT. 1801 

LEGISLATIVE HISTORY—H.R. 6: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Jan. 18, considered and passed House. 

June 12–15, 18–21, considered and passed Senate, amended. 

Dec. 6, House concurred in Senate amendments with amendments. 

Dec. 12, 13, Senate considered and concurred in House amendments with an 

amendment. 

Dec. 18, House concurred in Senate amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Dec. 19, Presidential remarks. 

Æ 

TITLE XVI—EFFECTIVE DATE 

SEC. 1601. EFFECTIVE DATE. 

This Act and the amendments made by this Act take effect 

on the date that is 1 day after the date of enactment of this 

Act. 

Approved December 19, 2007. 

2 USC 1824 note. 


dkrause on GSDDPC29 with PUBLIC LAWS

 EERE-2008-BT-STD-0015 COMMENT 01