I 

110TH CONGRESS 

1ST SESSION H. R. 1945 

To improve the energy efficiency of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2007 

Mr. SHAYS (for himself and Mr. HINCHEY) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committees on Ways and Means, Natural Resources, Transportation and Infrastructure, and Science and Technology, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To improve the energy efficiency of the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Energy For Our Future Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SAVE OIL 

Sec. 101. Help consumers buy more fuel efficient cars. 


sroberts on PROD1PC70 with BILLS
2 

•HR 1945 IH

Sec. 102. Energy efficient motor vehicles manufacturing credit. 

Sec. 103. Transit-oriented development corridors. 

Sec. 104. Automobile Fuel Economy Standards. 

Sec. 105. Inclusion of sports utility vehicles in limitation on depreciation of certain luxury automobiles. 

Sec. 106. Fuel efficiency standards for replacement tires. 

Sec. 107. Heavy duty vehicle fuel economy requirements. 

TITLE II—REDUCE HEAT AND ELECTRIC BILLS 

Subtitle A—General Programs 

Sec. 201. Weatherization assistance. 

Sec. 202. Energy Star programs. 

Sec. 203. Renewable electricity production credit. 

Sec. 204. Efficiency resource standard. 

Sec. 205. Federal renewable portfolio standard. 

Sec. 206. Net metering. 

Subtitle B—Energy Efficiency Incentive 

Sec. 211. Performance based energy improvements for non-business property. 

Sec. 212. Extension and modification of credit for nonbusiness energy property. 

Sec. 213. Extension and clarification of new energy efficient home credit. 

Sec. 214. Extension and modification of deduction for energy efficient commercial buildings. 

Sec. 215. Deduction for energy efficient low-rise buildings. 

Sec. 216. Energy efficient property deduction. 

Sec. 217. Credit for energy savings certifications. 

TITLE III—SAVE TAX PAYERS MONEY 

Sec. 301. Repeal of certain provisions of the Energy Policy Act of 2005. 

Sec. 302. Repeal of certain tax provisions of the Energy Policy Act of 2005. 

TITLE IV—STATE AND LOCAL AUTHORITY 

Sec. 401. State consumer product energy efficiency standards. 

Sec. 402. Appeals from consistency determinations under Coastal Zone Management Act of 1972. 

Sec. 403. Siting of interstate electric transmission facilities. 

Sec. 404. New natural gas storage facilities. 

Sec. 405. Process coordination; hearings; rules of procedure. 

Sec. 406. Repeal of preemption of State law relating to automobile fuel economy standards. 

TITLE V—RENEWABLE ENERGY RESEARCH AND DEVELOPMENT 

Sec. 501. Advanced biofuel technologies. 

Sec. 502. Advanced hydrogen storage technologies. 

Sec. 503. Advanced solar photovoltaic technologies. 

Sec. 504. Advanced wind energy technologies. 

Sec. 505. Continuing programs. 

Sec. 506. Plug-in hybrid electric vehicle technology program. 

Sec. 507. Photovoltaic demonstration program. 


sroberts on PROD1PC70 with BILLS
3 

•HR 1945 IH

1 TITLE I—SAVE OIL 

2 SEC. 101. HELP CONSUMERS BUY MORE FUEL EFFICIENT 

3 CARS. 

4 (a) REPEAL OF LIMIT ON NUMBER OF CARS ELIGI5 BLE FOR CREDIT.—Section 30B of the Internal Revenue 

6 Code of 1986 (relating to alternative motor vehicle credit) 

7 is amended by striking subsection (f). 

8 (b) EMISSIONS STANDARDS.—Clause (iv) of section 

9 30B(c)(3)(A) of such Code is amended to read as follows: 

10 ‘‘(iv) for 2004 and later model vehi11 cles, has received a certificate that such ve12 hicle meets or exceeds the Bin 5 Tier II 

13 emission standard established in regula14 tions prescribed by the Administrator of 

15 the Environmental Protection Agency 

16 under section 202(i) of the Clean Air Act 

17 for that make and model year vehicle,’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect as if included in the amend20 ments made by section 1341(a) of the Energy Tax Incen21 tives Act of 2005. 

22 SEC. 102. ENERGY EFFICIENT MOTOR VEHICLES MANUFAC23 TURING CREDIT. 

24 (a) IN GENERAL.—Subpart B of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of 


sroberts on PROD1PC70 with BILLS
4 

•HR 1945 IH

1 1986 (relating to foreign tax credit, etc.) is amended by 

2 adding at the end the following new section: 

3 ‘‘SEC. 30D. ENERGY EFFICIENT MOTOR VEHICLES MANU4 FACTURING CREDIT. 

5 ‘‘(a) CREDIT ALLOWED.—In the case of an eligible 

6 taxpayer, subject to a credit allocation under subsection 

7 (e) to such eligible taxpayer, there shall be allowed as a 

8 credit against the tax imposed by this chapter for the tax9 able year to an amount equal to the sum of— 

10 ‘‘(1) the initial investment credit determined 

11 under subsection (b) for the taxable year, 

12 ‘‘(2) the fuel economy achievement credit deter13 mined under subsection (c) for such taxable year, 

14 and 

15 ‘‘(3) the eligible components R&D credit deter16 mined under subsection (d) for such taxable year. 

17 ‘‘(b) INITIAL INVESTMENT CREDIT.—For purposes 

18 of this section, the initial investment credit is equal to 20 

19 percent of the qualified investment of an eligible taxpayer 

20 with respect to energy efficient motor vehicles during the 

21 taxable year beginning in 2008. 

22 ‘‘(c) FUEL ECONOMY ACHIEVEMENT CREDIT.—For 

23 purposes of this section— 

24 ‘‘(1) IN GENERAL.—In the case of an eligible 

25 taxpayer who meets the requirements of paragraph 


sroberts on PROD1PC70 with BILLS
5 

•HR 1945 IH

1 (2) for a model year ending in a taxable year speci2 fied in the table contained in paragraph (3), the fuel 

3 economy achievement credit for such taxable year is 

4 equal to 30 percent of the sum of— 

5 ‘‘(A) at the election of the eligible tax6 payer, such qualified investment for any pre7 ceding taxable year beginning after 2007 if 

8 such taxable year has not previously been taken 

9 into account under this subsection by such tax10 payer, plus 

11 ‘‘(B) at the election of the eligible tax12 payer, the qualified investment with respect to 

13 energy efficient motor vehicles of the eligible 

14 taxpayer for the taxable year beginning in 

15 2017. 

16 ‘‘(2) DEMONSTRATED COMBINED FLEET ECON17 OMY IMPROVEMENTS.—The requirements of this 

18 paragraph are met for any model year ending in a 

19 taxable year if the eligible taxpayer can demonstrate 

20 to the satisfaction of the Secretary that the percent21 age by which the taxpayer’s overall combined fuel 

22 economy standard for the taxpayer’s vehicle fleet for 

23 such model year exceeds such standard for such tax24 payer’s 2007 model year as reported to the National 

25 Highway Traffic Safety Administration under secVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
6 

•HR 1945 IH

1 tion 32907 of title 49, United States Code, is not 

2 less than the percentage determined for such model 

3 year under paragraph (3). 

4 ‘‘(3) PERCENTAGE INCREASE.—The percentage 

5 determined under this paragraph for any taxable 

6 year is equal to— 

‘‘Model year ending in Percentage 

taxable year increase 

2010 ................................................................................................... 5

2011 ................................................................................................... 10

2012 ................................................................................................... 15

2013 ................................................................................................... 20

2014 ................................................................................................... 27.5

2015 ................................................................................................... 35

2016 ................................................................................................... 42.5

2017 ................................................................................................... 50. 

7 ‘‘(d) ELIGIBLE COMPONENTS R&D CREDIT.—For 

8 purposes of this section, the eligible R&D credit for any 

9 taxable year is equal to 30 percent of the research and 

10 development costs paid or incurred by an eligible taxpayer 

11 for such taxable year with respect to eligible components 

12 used or to be used in the manufacture of energy efficient 

13 motor vehicles. 

14 ‘‘(e) LIMITATION.— 

15 ‘‘(1) INITIAL INVESTMENT CREDIT AND FUEL

16 ECONOMY ACHIEVEMENT CREDIT.—Subject to para17 graph (2), the aggregate amount of initial invest18 ment credits and fuel economy achievement credits 

19 allowed under subsection (a) for any taxable year be20 ginning in a calendar year after 2007 shall be alloVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
7 

•HR 1945 IH

1 cated by the Secretary among all eligible tax2 payers— 

3 ‘‘(A) based on each eligible taxpayer’s per4 centage of the total qualified investment of all 

5 such taxpayers, and 

6 ‘‘(B) such that such aggregate amount 

7 does not exceed— 

8 ‘‘(i) $1,000,000,000, plus 

9 ‘‘(ii) any amount of credit unallocated 

10 during any preceding calendar year. 

11 ‘‘(2) ELIGIBLE COMPONENTS R&D CREDIT.—Of 

12 the dollar amount available for allocation under 

13 paragraph (1) for any taxable year, 10 percent of 

14 such amount shall be allocated in the same manner 

15 by the Secretary among all eligible taxpayers with 

16 respect to the eligible components R&D credit. 

17 ‘‘(f) QUALIFIED INVESTMENT.—For purposes of this 

18 section— 

19 ‘‘(1) IN GENERAL.—The qualified investment 

20 for any taxable year is equal to the incremental costs 

21 incurred during such taxable year— 

22 ‘‘(A) to re-equip or expand any manufac23 turing facility of the eligible taxpayer to 

24 produce energy efficient motor vehicles or to 

25 produce eligible components, and 


sroberts on PROD1PC70 with BILLS
8 

•HR 1945 IH

1 ‘‘(B) for engineering integration of such 

2 vehicles and components as described in sub3 section (h). 

4 ‘‘(2) ATTRIBUTION RULES.—In the event a fa5 cility of the eligible taxpayer produces both energy 

6 efficient motor vehicles and conventional motor vehi7 cles, or eligible and non-eligible components, only the 

8 qualified investment attributable to production of en9 ergy efficient motor vehicles and the research and 

10 development costs attributable to eligible components 

11 shall be taken into account. 

12 ‘‘(g) ENERGY EFFICIENT MOTOR VEHICLES AND EL13 IGIBLE COMPONENTS.—For purposes of this section— 

14 ‘‘(1) ENERGY EFFICIENT MOTOR VEHICLE.— 

15 The term ‘energy efficient motor vehicle’ means— 

16 ‘‘(A) any new advanced lean burn tech17 nology motor vehicle (as defined in section 

18 30B(c)(3) determined without regard to sub19 paragraph (A)(iv)(II) thereof or the weight lim20 itation under subparagraph (A)(iv)(I) thereof), 

21 ‘‘(B) any new qualified hybrid motor vehi22 cle (as defined in section 30B(d)(3)(A) deter23 mined without regard to subparagraph 

24 (A)(ii)(II) thereof, the weight limitation under 


sroberts on PROD1PC70 with BILLS
9 

•HR 1945 IH

1 subparagraph (A)(ii)(I) thereof, and subpara2 graph (A)(iv) thereof), or 

3 ‘‘(C) any other new technology motor vehi4 cle identified by the Secretary as offering a sub5 stantial increase in fuel economy. 

6 ‘‘(2) ELIGIBLE COMPONENTS.—The term ‘eligi7 ble component’ means any component inherent to 

8 any energy efficient motor vehicle, including— 

9 ‘‘(A) with respect to any gasoline-electric 

10 new qualified hybrid motor vehicle— 

11 ‘‘(i) electric motor or generator, 

12 ‘‘(ii) power split device, 

13 ‘‘(iii) power control unit, 

14 ‘‘(iv) power controls, 

15 ‘‘(v) integrated starter generator, or 

16 ‘‘(vi) battery, 

17 ‘‘(B) with respect to any new advanced 

18 lean burn technology motor vehicle— 

19 ‘‘(i) diesel engine, 

20 ‘‘(ii) turbocharger, 

21 ‘‘(iii) fuel injection system, or 

22 ‘‘(iv) after-treatment system, such as 

23 a particle filter or NOx absorber, and 


sroberts on PROD1PC70 with BILLS
10 

•HR 1945 IH

1 ‘‘(C) with respect to any energy efficient 

2 motor vehicle, any other component approved 

3 by the Secretary. 

4 ‘‘(h) ENGINEERING INTEGRATION COSTS.—For pur5 poses of subsection (f)(1)(B), costs for engineering inte6 gration are costs incurred prior to the market introduction 

7 of energy efficient vehicles for engineering tasks related 

8 to— 

9 ‘‘(1) incorporating eligible components into the 

10 design of energy efficient motor vehicles, and 

11 ‘‘(2) designing new tooling and equipment for 

12 production facilities which produce eligible compo13 nents or energy efficient motor vehicles. 

14 ‘‘(i) ELIGIBLE TAXPAYER.—For purposes of this sec15 tion, the term ‘eligible taxpayer’ means, with respect to 

16 any taxable year, any taxpayer if more than 25 percent 

17 of the taxpayer’s gross receipts for the taxable year is de18 rived from the manufacture of motor vehicles or any com19 ponent parts of such vehicles. 

20 ‘‘(j) LIMITATION BASED ON AMOUNT OF TAX.—The 

21 credit allowed under subsection (a) for the taxable year 

22 shall not exceed the excess of— 

23 ‘‘(1) the sum of— 

24 ‘‘(A) the regular tax liability (as defined in 

25 section 26(b)) for such taxable year, plus 


sroberts on PROD1PC70 with BILLS
11 

•HR 1945 IH

1 ‘‘(B) the tax imposed by section 55 for 

2 such taxable year, over 

3 ‘‘(2) the sum of the credits allowable under sub4 part A and sections 27, 30, 30B, and 30C for the 

5 taxable year. 

6 ‘‘(k) REDUCTION IN BASIS.—For purposes of this 

7 subtitle, if a credit is allowed under this section for any 

8 expenditure with respect to any property, the increase in 

9 the basis of such property which would (but for this para10 graph) result from such expenditure shall be reduced by 

11 the amount of the credit so allowed. 

12 ‘‘(l) NO DOUBLE BENEFIT.— 

13 ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS

14 AND CREDITS.—The amount of any deduction or 

15 other credit allowable under this chapter for any 

16 cost taken into account in determining the amount 

17 of the credit under subsection (a) shall be reduced 

18 by the amount of such credit attributable to such 

19 cost. 

20 ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— 

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

22 subparagraph (B), any amount described in 

23 subsection (d) taken into account in deter24 mining the amount of the credit under sub25 section (a) for any taxable year shall not be 


sroberts on PROD1PC70 with BILLS
12 

•HR 1945 IH

1 taken into account for purposes of determining 

2 the credit under section 41 for such taxable 

3 year. 

4 ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DE5 TERMINING BASE PERIOD RESEARCH EX6 PENSES.—Any amounts described in subsection 

7 (d) taken into account in determining the 

8 amount of the credit under subsection (a) for 

9 any taxable year which are qualified research 

10 expenses (within the meaning of section 41(b)) 

11 shall be taken into account in determining base 

12 period research expenses for purposes of apply13 ing section 41 to subsequent taxable years. 

14 ‘‘(m) BUSINESS CARRYOVERS ALLOWED.—If the 

15 credit allowable under subsection (a) for a taxable year 

16 exceeds the limitation under subsection (j) for such tax17 able year, such excess (to the extent of the credit allowable 

18 with respect to property subject to the allowance for depre19 ciation) shall be allowed as a credit carryback and 

20 carryforward under rules similar to the rules of section 

21 39. 

22 ‘‘(n) DEFINITIONS AND SPECIAL RULES.—For pur23 poses of this section— 

24 ‘‘(1) DEFINITIONS.—Any term which is used in 

25 this section and in chapter 329 of title 49, United 


sroberts on PROD1PC70 with BILLS
13 

•HR 1945 IH

1 States Code, shall have the meaning given such term 

2 by such chapter. 

3 ‘‘(2) SPECIAL RULES.—Rules similar to the 

4 rules of paragraphs (4) and (5) of section 179A(e) 

5 and paragraphs (1) and (2) of section 41(f) shall 

6 apply. 

7 ‘‘(o) ELECTION NOT TO TAKE CREDIT.—No credit 

8 shall be allowed under subsection (a) for any property if 

9 the taxpayer elects not to have this section apply to such 

10 property. 

11 ‘‘(p) REGULATIONS.—The Secretary shall prescribe 

12 such regulations as necessary to carry out the provisions 

13 of this section. 

14 ‘‘(q) TERMINATION.—This section shall not apply to 

15 any qualified investment made after December 31, 2017.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 1016(a) of such Code is amended 

18 by striking ‘‘and’’ at the end of paragraph (36), by 

19 striking the period at the end of paragraph (37) and 

20 inserting ‘‘, and’’, and by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(38) to the extent provided in section 

23 30D(k).’’. 

24 (2) Section 6501(m) of such Code is amended 

25 by inserting ‘‘30D(o),’’ after ‘‘30C(e)(5),’’. 


sroberts on PROD1PC70 with BILLS
14 

•HR 1945 IH

1 (3) The table of sections for subpart B of part 

2 IV of subchapter A of chapter 1 of such Code is 

3 amended by inserting after the item relating to sec4 tion 30C the following new item: 

‘‘Sec. 30D. Energy efficient motor vehicles manufacturing credit.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this subsection shall apply to amounts incurred in taxable 

7 years beginning after December 31, 2007. 

8 SEC. 103. TRANSIT-ORIENTED DEVELOPMENT CORRIDORS. 

9 (a) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 (1) DEFINITIONS FROM TITLE 49, UNITED

12 STATES CODE.—The terms ‘‘capital project’’, ‘‘local 

13 governmental authority’’, ‘‘public transportation’’, 

14 and ‘‘urbanized area’’ have the meanings such terms 

15 have under section 5302(a) of title 49, United 

16 States Code. 

17 (2) STATE.—The term ‘‘State’’ means a State 

18 of the United States, the District of Columbia, Puer19 to Rico, the Northern Mariana Islands, Guam, 

20 American Samoa, and the United States Virgin Is21 lands. 

22 (3) TRANSIT-ORIENTED DEVELOPMENT COR23 RIDOR.—The term ‘‘transit-oriented development 

24 corridor’’ means rights-of-way for fixed-guideway 

25 public transportation facilities, including commercial 


sroberts on PROD1PC70 with BILLS
15 

•HR 1945 IH

1 development that is connected with any such facility 

2 physically and functionally. 

3 (b) IN GENERAL.—In consultation with State trans4 portation departments and metropolitan planning organi5 zations, the Secretary of Transportation shall designate, 

6 in urbanized areas, at least 20 transit-oriented develop7 ment corridors by 2015 and 50 transit-oriented develop8 ment corridors by 2025. 

9 (c) TRANSIT GRANTS.—The Secretary of Transpor10 tation shall award grants to a State or local governmental 

11 authority to construct or improve transit facilities, bicycle 

12 transportation facilities, and pedestrian walkways in a 

13 transit-oriented development corridor, including capital 

14 projects. 

15 (d) RESEARCH AND DEVELOPMENT.—In order to 

16 support effective deployment of grants and incentives 

17 under this section, the Secretary of Transportation shall 

18 establish a transit-oriented development corridors research 

19 and development program for the conduct of research on 

20 best practices and performance criteria for transit-ori21 ented development corridors. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $500,000,000 for each of fiscal years 2008 through 2019, 


sroberts on PROD1PC70 with BILLS
16 

•HR 1945 IH

1 of which $2,000,000 per fiscal year is authorized for the 

2 research and development program under subsection (d). 

3 (f) LABOR STANDARDS.—The Secretary of Transpor4 tation shall not provide a grant under this section unless 

5 the Secretary receives reasonable assurances from a State 

6 that laborers and mechanics employed by contractors or 

7 subcontractors in the performance of construction or mod8 ernization on the a transit project will be paid wages not 

9 less than those prevailing on similar construction or mod10 ernization in the locality as determined by the Secretary 

11 of Labor under subchapter IV of chapter 31 of title 40, 

12 United States Code (known as the Davis-Bacon Act). 

13 SEC. 104. AUTOMOBILE FUEL ECONOMY STANDARDS. 

14 (a) PHASED INCREASES IN FUEL ECONOMY STAND15 ARDS.— 

16 (1) PASSENGER AUTOMOBILES.— 

17 (A) MINIMUM STANDARDS.—Section 

18 32902(b) of title 49, United States Code, is 

19 amended to read as follows: 

20 ‘‘(b) PASSENGER AUTOMOBILES.—Except as other21 wise provided under this section, the average fuel economy 

22 standard for passenger automobiles manufactured by a 

23 manufacturer in a model year— 

24 ‘‘(1) after model year 1984 and before model 

25 year 2008 shall be 25 miles per gallon; 


sroberts on PROD1PC70 with BILLS
17 

•HR 1945 IH

1 ‘‘(2) after model year 2007 and before model 

2 year 2011 shall be 28 miles per gallon; 

3 ‘‘(3) after model year 2010 and before model 

4 year 2014 shall be 32 miles per gallon; 

5 ‘‘(4) after model year 2013 and before model 

6 year 2017 shall be 36 miles per gallon; and 

7 ‘‘(5) after model year 2016 shall be 40 miles 

8 per gallon.’’. 

9 (B) HIGHER STANDARDS SET BY REGULA10 TION.—Section 32902(c) of title 49, United 

11 States Code, is amended— 

12 (i) by striking paragraph (2); and 

13 (ii) in paragraph (1)— 

14 (I) by striking ‘‘(1) Subject to 

15 paragraph (2) of this subsection, the’’ 

16 and inserting ‘‘The’’; and 

17 (II) by striking ‘‘amending the 

18 standard’’ and inserting ‘‘increasing 

19 the standard otherwise applicable’’. 

20 (b) INCREASED INCLUSIVENESS OF DEFINITIONS OF

21 AUTOMOBILE AND PASSENGER AUTOMOBILE.— 

22 (1) AUTOMOBILE.— 

23 (A) IN GENERAL.—Section 32901(a)(3) of 

24 title 49, United States Code, is amended— 


sroberts on PROD1PC70 with BILLS
18 

•HR 1945 IH

1 (i) by striking ‘‘6,000 pounds’’ each 

2 place it appears and inserting ‘‘12,000 

3 pounds’’; and 

4 (ii) in subparagraph (B)— 

5 (I) by striking ‘‘10,000 pounds’’ 

6 and inserting ‘‘14,000 pounds’’; and 

7 (II) in clause (ii), by striking ‘‘an 

8 average fuel economy standard’’ and 

9 all that follows through ‘‘conservation 

10 or’’. 

11 (B) SPECIAL RULE.—Section 32908(a)(1) 

12 of such title is amended by striking ‘‘8,500 

13 pounds’’ and inserting ‘‘14,000 pounds’’. 

14 (2) PASSENGER AUTOMOBILE.—Section 

15 32901(a)(16) of title 49, United States Code, is 

16 amended to read as follows: 

17 ‘‘(16) ‘passenger automobile’ means an auto18 mobile having a gross vehicle weight of 10,000 

19 pounds or less that is designed to be used principally 

20 for the transportation of persons;’’. 

21 (3) APPLICABILITY.—The amendments made 

22 by this section shall apply with respect to auto23 mobiles manufactured for model years beginning 

24 after the date of enactment of this Act. 

25 (c) CIVIL PENALTIES.— 


sroberts on PROD1PC70 with BILLS
19 

•HR 1945 IH

1 (1) INCREASED PENALTY FOR VIOLATIONS OF

2 FUEL ECONOMY STANDARDS.—Section 32912(b) of 

3 title 49, United States Code, is amended— 

4 (A) by inserting ‘‘(1)’’ before ‘‘Except as 

5 provided’’; 

6 (B) by striking ‘‘$5’’ and inserting ‘‘the 

7 dollar amount applicable under paragraph (2)’’; 

8 (C) by redesignating paragraphs (1), (2), 

9 and (3) as subparagraphs (A), (B), and (C), re10 spectively; and 

11 (D) by adding at the end the following: 

12 ‘‘(2)(A) The dollar amount referred to in para13 graph (1) is $10, as increased from time to time 

14 under subparagraph (B); 

15 ‘‘(B) Effective on October 1 of each year, the 

16 dollar amount applicable under subparagraph (A) 

17 shall be increased by the percentage (rounded to the 

nearest 1 18 ⁄10 of 1 percent) by which the price index 

19 for July of such year exceeds the price index for 

20 July of the preceding year. The amount calculated 

21 under the preceding sentence shall be rounded to the 

22 nearest $0.10. 

23 ‘‘(C) In this paragraph, the term ‘price index’ 

24 means the Consumer Price Index for all-urban conVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
20 

•HR 1945 IH

1 sumers published monthly by the Department of 

2 Labor.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 32912(c)(1) of title 49, United States Code, is 

5 amended— 

6 (A) by striking subparagraph (B); and 

7 (B) by redesignating subparagraphs (C) 

8 and (D) as subparagraphs (B) and (C), respec9 tively. 

10 (3) APPLICABILITY.—The amendments made 

11 by subsection (a) shall apply with respect to auto12 mobiles manufactured for model years beginning 

13 after the date of enactment of this Act. 

14 SEC. 105. INCLUSION OF SPORTS UTILITY VEHICLES IN 

15 LIMITATION ON DEPRECIATION OF CERTAIN 

16 LUXURY AUTOMOBILES. 

17 (a) IN GENERAL.—Subparagraph (A) of section 

18 280F(d)(5) of the Internal Revenue Code of 1986 (defin19 ing passenger automobile) is amended by striking clause 

20 (ii) and all that follows and inserting the following new 

21 clause: 

22 ‘‘(ii) (I) except as provided in sub23 clause (II) or (III), which is rated at 6,000 

24 pounds unloaded gross vehicle weight or 

25 less, 


sroberts on PROD1PC70 with BILLS
21 

•HR 1945 IH

1 ‘‘(II) in the case of a truck or van, 

2 which is rated at 6,000 pounds gross vehi3 cle weight or less, or 

4 ‘‘(III) in the case of a sports utility 

5 vehicle not described in subclause (I), 

6 which is rated at more than 6,000 pounds 

7 but not more than 14,000 pounds gross ve8 hicle weight.’’. 

9 (b) DEFINITION.—Paragraph (5) of section 280F(d) 

10 of such Code is amended by adding at the end the fol11 lowing new subparagraph: 

12 ‘‘(C) SPORTS UTILITY VEHICLES.—The 

13 term ‘sports utility vehicle’ does not include any 

14 vehicle which— 

15 ‘‘(i) does not have the primary load 

16 carrying device or container attached, 

17 ‘‘(ii) has a seating capacity of more 

18 than 12 individuals, 

19 ‘‘(iii) is designed for more than 9 indi20 viduals in seating rearward of the driver’s 

21 seat, 

22 ‘‘(iv) is equipped with an open cargo 

23 area, or a covered box not readily acces24 sible from the passenger compartment, of 

25 at least 72.0 inches in interior length, or 


sroberts on PROD1PC70 with BILLS
22 

•HR 1945 IH

1 ‘‘(v) has an integral enclosure, fully 

2 enclosing the driver compartment and load 

3 carrying device, does not have seating rear4 ward of the driver’s seat, and has no body 

5 section protruding more than 30 inches 

6 ahead of the leading edge of the wind7 shield.’’. 

8 (c) CONFORMING AMENDMENT.—Section 179(b) of 

9 such Code (relating to limitations) is amended by striking 

10 paragraph (6). 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to property placed in service after 

13 the date of the enactment of this Act. 

14 SEC. 106. FUEL EFFICIENCY STANDARDS FOR REPLACE15 MENT TIRES. 

16 (a) STANDARDS FOR TIRES MANUFACTURED FOR

17 INTERSTATE COMMERCE.—Section 30123 of title 49, 

18 United States Code, is amended— 

19 (1) in subsection (b), by inserting after the first 

20 sentence the following: ‘‘The grading system shall 

21 include standards for rating the fuel efficiency of 

22 tires designed for use on passenger cars and light 

23 trucks.’’; and 

24 (2) by adding at the end of the following: 


sroberts on PROD1PC70 with BILLS
23 

•HR 1945 IH

1 ‘‘(d) NATIONAL TIRE FUEL EFFICIENCY PRO2 GRAM.—(1) The Secretary shall develop and carry out a 

3 national tire efficiency program for tires designed for use 

4 on passenger cars and light trucks. The program shall in5 clude the following: 

6 ‘‘(A) Policies and procedures for testing 

7 and labeling tires for fuel economy to enable 

8 tire buyers to make informed purchasing deci9 sions about the fuel economy of tires. 

10 ‘‘(B) Policies and procedures to promote 

11 the purchase of energy-efficient replacement 

12 tires, including purchase incentives, website list13 ings on the Internet, printed fuel economy 

14 guide booklets, and mandatory requirements for 

15 tire retailers to provide tire buyers with fuel-ef16 ficiency information on tires. 

17 ‘‘(C) Minimum fuel economy standards for 

18 tires, promulgated by the Secretary. 

19 ‘‘(2) The minimum fuel economy standards for tires 

20 required under paragraph (1)(C) shall— 

21 ‘‘(A) ensure that, in conjunction with the re22 quirements of paragraph (2)(B), the average fuel 

23 economy of replacement tires is equal to or better 

24 than the average fuel economy of tires sold as origi25 nal equipment; 


sroberts on PROD1PC70 with BILLS
24 

•HR 1945 IH

1 ‘‘(B) secure the maximum technically feasible 

2 and cost-effective fuel savings; 

3 ‘‘(C) not adversely affect tire safety; 

4 ‘‘(D) not adversely affect the average tire life of 

5 replacement tires; 

6 ‘‘(E) incorporate the results from— 

7 ‘‘(i) laboratory testing; and 

8 ‘‘(ii) to the extent appropriate and avail9 able, on-road fleet testing programs conducted 

10 by manufacturers; and 

11 ‘‘(F) not adversely affect efforts to manage 

12 scrap tires. 

13 ‘‘(3) The policies, procedures, and standards devel14 oped under paragraph (1) shall apply to all tire types and 

15 models that are covered by the Uniform Tire Quality 

16 Grading Standards in section 575.104 of title 49, Code 

17 of Federal Regulations (or any successor regulation). 

18 ‘‘(4) Not less than every 3 years, the Secretary shall 

19 review the minimum fuel economy standards in effect for 

20 tires under this subsection and revise the standards as 

21 necessary to ensure compliance with requirements under 

22 paragraph (2). The Secretary may not reduce the average 

23 fuel economy standards applicable to replacement tires. 

24 ‘‘(5) Nothing in this section shall be construed to pre25 empt any provisions of State law relating to higher fuel 


sroberts on PROD1PC70 with BILLS
25 

•HR 1945 IH

1 economy standards applicable to replacement tires de2 signed for use on passenger cars and light trucks. Nothing 

3 in this chapter shall apply to— 

4 ‘‘(A) a tire or group of tires with the same 

5 product identification number, plant, and year, for 

6 which the volume of tires produced or imported is 

7 less than 15,000 annually; 

8 ‘‘(B) a deep tread, winter-type snow tire, space9 saver tire, or temporary use spare tire; 

10 ‘‘(C) a tire with a normal rim diameter of 12 

11 inches or less; 

12 ‘‘(D) a motorcycle tire; or 

13 ‘‘(E) a tire manufactured specifically for use in 

14 an off-road motorized recreational vehicle. 

15 ‘‘(6) In this subsection, the term ‘fuel economy’, with 

16 respect to tires, means the extent to which the tire con17 tribute to the fuel economy of the motor vehicles on which 

18 the tire are mounted.’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 30103(b)(1) of title 49, United States Code, is amended 

21 by striking ‘‘When’’ and inserting ‘‘Except as provided in 

22 section 30123(d) of this title, when’’. 

23 (c) IMPLEMENTATION.—The Secretary of Transpor24 tation shall ensure that the national tire fuel efficiency 

25 program required under section 30123(d) of title 49, 


sroberts on PROD1PC70 with BILLS
26 

•HR 1945 IH

1 United States Code (as added by subsection (a)(2)), is ad2 ministered so as to apply the policies, procedures, and 

3 standards developed under paragraph (2) of such sub4 section beginning not later than March 31, 2008. 

5 SEC. 107. HEAVY DUTY VEHICLE FUEL ECONOMY REQUIRE6 MENTS. 

7 (a) FUEL ECONOMY STANDARDS FOR HEAVY DUTY

8 TRUCKS.—Part C of subtitle VI of title 49, United States 

9 Code, is amended by adding after chapter 329 the fol10 lowing new chapter: 

11 ‘‘CHAPTER 330—HEAVY DUTY VEHICLE 

12 FUEL ECONOMY REQUIREMENTS 

13 ‘‘§ 33001. General 

14 ‘‘(1) PURPOSE AND POLICY.—The purpose of 

15 this chapter is to reduce petroleum consumption by 

16 heavy duty motor vehicles to the maximum extent 

17 feasible. Therefore it is necessary to prescribe fuel 

18 economy requirements for heavy duty motor vehicles. 

19 ‘‘(2) DEFINITION.—In this chapter, ‘heavy duty 

20 motor vehicle’ means a vehicle of greater than 

21 10,000 pounds gross vehicle weight that is driven or 

22 drawn by mechanical power and manufactured pri23 marily for use on public streets, roads, and high24 ways, but does not include a vehicle operated only on 

25 a rail line. 


sroberts on PROD1PC70 with BILLS
27 

•HR 1945 IH

1 ‘‘§ 33002. Requirements 

2 ‘‘(1) GENERAL REQUIREMENTS.—The Secretary 

3 of Transportation shall prescribe heavy duty motor 

4 vehicle fuel economy requirements, which may be 

5 complete vehicle fuel economy standards or some 

6 combination of engine fuel economy standards and 

7 requirements for other vehicle components and ac8 cessories. Such requirements shall be established for 

9 as many categories of heavy duty motor vehicle as 

10 feasible and at a minimum shall be prescribed for 

11 tractor-trailers of 26,000 lbs. or more gross vehicle 

12 weight. The requirements shall be practicable, meet 

13 the need for heavy duty motor vehicle fuel consump14 tion reduction, and be stated in objective terms. 

15 ‘‘(2) TESTING PROTOCOLS.—The Administrator 

16 of the Environmental Protection Agency shall pre17 scribe test protocols for determining compliance with 

18 standards and other requirements prescribed by the 

19 Secretary. 

20 ‘‘(3) CONSIDERATIONS.—When prescribing 

21 heavy duty motor vehicle fuel economy standards 

22 under paragraph (1), the Secretary shall— 

23 ‘‘(A) consider relevant available heavy duty 

24 motor vehicle fuel consumption information; 

25 ‘‘(B) consider whether a proposed standard 

26 is reasonable, practicable, and appropriate for 


sroberts on PROD1PC70 with BILLS
28 

•HR 1945 IH

1 the particular type of heavy duty motor vehicle 

2 for which it is prescribed; and 

3 ‘‘(C) consider the extent to which the 

4 standard will carry out section 33001 of this 

5 title. 

6 ‘‘(4) COOPERATION.—The Secretary may ad7 vise, assist, and cooperate with departments, agen8 cies, and instrumentalities of the Federal govern9 ment, States, and other public and private agencies 

10 in developing fuel economy standards for heavy duty 

11 motor vehicles. 

12 ‘‘(5) EFFECTIVE DATES OF STANDARDS.—The 

13 Secretary shall specify the effective date and heavy 

14 duty model years of a fuel economy standard pre15 scribed under this chapter in the order prescribing 

16 the standard. 

17 ‘‘(6) 5-YEAR PLAN FOR TESTING PROTOCOLS.— 

18 The Secretary shall establish and periodically review 

19 and update on a continuing basis a 5-year plan for 

20 testing motor vehicle fuel economy requirements pre21 scribed under this chapter. In developing the plan 

22 and establishing testing priorities, the Secretary 

23 shall consider factors the Secretary considers appro24 priate, consistent with section 33001 of this title and 


sroberts on PROD1PC70 with BILLS
29 

•HR 1945 IH

1 the Secretary’s other duties and powers under this 

2 chapter.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 of subtitle VI of title 49, United States Code, is amended 

5 by inserting after the item relating to chapter 329, the 

6 following new item: 

‘‘330. Heavy Duty Vehicle Fuel Economy Requirements...................................33001’’. 

7 TITLE II—REDUCE HEAT AND 

8 ELECTRIC BILLS 

9 Subtitle A—General Programs 

10 SEC. 201. WEATHERIZATION ASSISTANCE. 

11 Section 422 of the Energy Conservation and Produc12 tion Act (42 U.S.C. 6872) is amended— 

13 (1) by striking ‘‘$500,000,000’’ and inserting 

14 ‘‘$1,000,000,000’’; 

15 (2) by striking ‘‘$600,000,000’’ and inserting 

16 ‘‘$1,200,000,000’’; and 

17 (3) by striking ‘‘$700,000,000’’ and inserting 

18 ‘‘$1,400,000,000’’. 

19 SEC. 202. ENERGY STAR PROGRAMS. 

20 There are authorized to be appropriated for carrying 

21 out the Energy Star program under section 324A of the 

22 Energy Policy and Conservation Act— 


sroberts on PROD1PC70 with BILLS
30 

•HR 1945 IH

1 (1) to the Administrator of the Environmental 

2 Protection Agency $100,000,000 for each fiscal 

3 year; and 

4 (2) to the Secretary of Energy $12,000,000 for 

5 each fiscal year. 

6 SEC. 203. RENEWABLE ELECTRICITY PRODUCTION CREDIT. 

7 (a) EXTENSION.—Section 45(d) of the Internal Rev8 enue Code of 1986 (relating to qualified facilities) is 

9 amended— 

10 (1) by striking ‘‘January 1, 2009’’ each place 

11 it appears in paragraphs (1), (2), (3), (5), (6), and 

12 (7) and inserting ‘‘January 1, 2014’’, and 

13 (2) by striking ‘‘January 1, 2009 (January 1, 

14 2006, in the case of a facility using solar energy)’’ 

15 in paragraph (4) and inserting ‘‘January 1, 2014 

16 (January 1, 2012, in the case of a facility using 

17 solar energy)’’. 

18 (b) EXTENSION OF CREDIT FOR RESIDENTIAL EN19 ERGY EFFICIENT PROPERTY.—Subsection (g) of section 

20 25D of such Code (relating to termination) is amended 

21 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem22 ber 31, 2014’’. 


sroberts on PROD1PC70 with BILLS
31 

•HR 1945 IH

1 SEC. 204. EFFICIENCY RESOURCE STANDARD. 

2 (a) AMENDMENT.—Title VII of the Public Utility 

3 Regulatory Policies Act of 1978 is amended by adding the 

4 following new section at the end thereof: 

5 ‘‘SEC. 610. EFFICIENCY RESOURCE STANDARD FOR RETAIL 

6 ELECTRICITY AND NATURAL GAS SUPPLIERS. 

7 ‘‘(a) RESOURCE STANDARD.—Each retail electricity 

8 and natural gas supplier shall undertake energy savings 

9 measures in each calendar year from 2007 through 2011 

10 and thereafter that produce electricity demand savings 

11 and electricity and natural gas usage savings, as a per12 centage of the supplier’s base amount as shown in the fol13 lowing table. These targets represent savings realized from 

14 measures installed in the current year, plus cumulative 

15 savings realized from measures installed in all previous 

16 years. Each retail electricity and natural gas supplier sub17 ject to this subsection may use any electricity or natural 

18 gas savings measures available to it to achieve compliance 

19 with the performance standard established under this sec20 tion, so long as the electricity and natural gas savings 

21 achieved by such measures can be calculated and verified 

22 pursuant to the rules promulgated under subsection (b). 

Year Reductions in peak 

electricity demand 

Reductions in 

electricity 

and natural 

gas usage 

2007 ....................................................... 0.25% ............................... 0.25% 


sroberts on PROD1PC70 with BILLS
32 

•HR 1945 IH

Year Reductions in peak 

electricity demand 

Reductions in 

electricity 

and natural 

gas usage 

2008 ....................................................... 0.75% ............................... 0.75% 

2009 ....................................................... 1.75% ............................... 1.5% 

2010 ....................................................... 2.75% ............................... 2.25% 

2011 and thereafter ............................... 3.75% ............................... 3.0% 

1 ‘‘(b) DETERMINATION OF COMPLIANCE.—The Sec2 retary shall promulgate rules not later than one year after 

3 the enactment of this section regarding the means to be 

4 used to calculate and verify compliance with the perform5 ance standard established under subsection (a). Each re6 tail electric and natural gas supplier subject to this section 

7 shall calculate its compliance with such standard in ac8 cordance with such rules. The rules shall include each of 

9 the following: 

10 ‘‘(1) Procedures and standards for defining and 

11 measuring electricity savings achieved or obtained by 

12 electricity and natural gas suppliers (hereinafter in 

13 this section referred to as ‘electricity and natural 

14 gas savings’) from customer facility end-uses that 

15 occur in a calendar year from all measures in place 

16 in that year (including measures implemented in 

17 previous years that produce electricity and natural 

18 gas savings in such calendar year). 


sroberts on PROD1PC70 with BILLS
33 

•HR 1945 IH

1 ‘‘(2) Procedures and standards for verification 

2 of electricity and natural gas savings reported by the 

3 retail electricity and natural gas supplier. 

4 ‘‘(3) Requirements for the contents and format 

5 of a bi-annual report from each retail electricity and 

6 natural gas supplier demonstrating its compliance 

7 with the requirements of subsection (a). The bi-an8 nual report must include sufficient detail regarding 

9 the calculation of electricity and natural gas savings 

10 to enable the regulatory authority to verify and en11 force compliance with the requirements of this sec12 tion and the regulations under this section. 

13 ‘‘(c) CREDIT AND TRADING SYSTEM.—(1) After con14 sultation with the Administrator of the Environmental 

15 Protection Agency, the Secretary shall promulgate rules 

16 establishing a nationwide credit and credit trading system 

17 for electricity and natural gas savings. Under such rules 

18 the Secretary may certify as credits electricity or natural 

19 savings achieved by a retail electricity or natural gas sup20 plier in a given year in excess of the quantity of electricity 

21 or natural gas savings required that calendar year for such 

22 supplier to meet the resource standard, as long as such 

23 savings comply with the rules established under subsection 

24 (b). The Secretary shall also certify as credits customer 

25 energy savings created by retail electric or natural gas 


sroberts on PROD1PC70 with BILLS
34 

•HR 1945 IH

1 suppliers or other entities, as long as such savings comply 

2 with the rules established under subsection (b). An elec3 tricity savings credit shall equal one kilowatt hour; a nat4 ural gas savings credit shall constitute one therm. 

5 ‘‘(2) The Secretary shall not award credits to any re6 tail electricity or natural gas supplier subject to State ad7 ministration and enforcement under subsection (d) unless 

8 the Secretary has determined that such administration 

9 and enforcement are at least equivalent to administration 

10 and enforcement by the Secretary. 

11 ‘‘(3) An electricity or natural gas savings credit is 

12 not a property right. Nothing in this or any other provi13 sion of law shall be construed to limit the authority of 

14 the United States to terminate or limit such credits. 

15 ‘‘(4) A retail electric or natural gas supplier may sell 

16 such credit to any other entity, and other entities may sell 

17 such credits to retail electric or natural gas suppliers, in 

18 accordance with the accounting and verification rules es19 tablished by the Secretary. Such credit may be used by 

20 a purchasing retail electricity or natural gas supplier for 

21 purposes of complying with the resource standards set 

22 forth in subsection (a). 

23 ‘‘(5) In order to receive an electricity or natural gas 

24 savings credit, the recipient of an electricity savings credit 

25 shall pay a fee, calculated by the Secretary, in an amount 


sroberts on PROD1PC70 with BILLS
35 

•HR 1945 IH

1 that is equal to the administrative costs of issuing, record2 ing, monitoring the sale or exchange of, and tracking the 

3 credit or does not exceed five percent of the dollar value 

4 of the credit, whichever is lower. The Secretary shall re5 tain the fee and use it to pay these administrative costs. 

6 ‘‘(6) A credit may be counted toward compliance with 

7 subsection (a) only once. A retail electricity or natural gas 

8 supplier may satisfy the requirements of subsection (a) 

9 through the accumulation of— 

10 ‘‘(A) electricity or natural gas savings credits 

11 obtained by purchase or exchange under paragraph 

12 (7); 

13 ‘‘(B) electricity or natural gas savings credits 

14 borrowed against future years under paragraph (8); 

15 or 

16 ‘‘(C) any combination of credits under subpara17 graphs (A) and (B). 

18 ‘‘(7) An electricity or natural gas savings credit may 

19 be sold or exchanged by the entity to whom issued or by 

20 any other entity that acquires the credit. An energy effi21 ciency credit for any year that is not used to satisfy the 

22 minimum energy savings requirement of subsection (a) for 

23 that year may be carried forward for use within the next 

24 4 years. 


sroberts on PROD1PC70 with BILLS
36 

•HR 1945 IH

1 ‘‘(8) During the first year covered by the standards, 

2 a retail electricity or natural gas supplier that has reason 

3 to believe that it will not have sufficient electricity savings 

4 credits to comply with subsection (a) may— 

5 ‘‘(A) submit a plan to the Secretary dem6 onstrating that the retail electricity or natural gas 

7 supplier will earn sufficient credits within the next 

8 two calendar years which, when taken into account, 

9 will enable the retail electricity or natural gas sup10 plier to meet the requirements of subsection (a) for 

11 the calendar year involved; and 

12 ‘‘(B) upon the approval of the plan by the Sec13 retary, apply credits that the plan demonstrates will 

14 be earned within the next two calendar years to 

15 meet the requirements of subsection (a) for the cal16 endar year involved. 

17 ‘‘(9) Any retail electricity or natural gas supplier may 

18 elect to comply with the requirements of this section in 

19 any calendar year by paying a fee of 3 cents per kilowatt 

20 hour, and 30 cents per therm, for any portion of the elec21 tricity or natural gas savings it would be obligated to 

22 achieve in that year by not later than March 31 of the 

23 following year. Funds produced from such fees shall be 

24 deposited in an escrow account established by the Sec25 retary, and shall be distributed to the States for their use 


sroberts on PROD1PC70 with BILLS
37 

•HR 1945 IH

1 in creating electricity or natural gas savings at customer 

2 facilities. 

3 ‘‘(d) ENFORCEMENT OF COMPLIANCE.—(1) If the 

4 State regulatory authority with ratemaking jurisdiction 

5 over a State-regulated retail electricity or natural gas sup6 plier notifies the Secretary that it will enforce compliance 

7 by such supplier with the performance standards under 

8 subsection (a) of this section, such State regulatory au9 thority shall have the authority to administer and enforce 

10 such standards for such supplier under State law. If the 

11 State regulatory authority does not so notify the Sec12 retary, the Secretary shall exercise such authority until re13 ceiving such notice from the State regulatory authority. 

14 ‘‘(2) Not later than July 1 of the calendar years 

15 2008, 2010, 2012, 2014, and 2016, each retail electricity 

16 and natural gas supplier shall submit the compliance re17 port required under subsection (b) to— 

18 ‘‘(A) the appropriate State regulatory authority, 

19 if such authority has notified the Secretary under 

20 subsection (d), or 

21 ‘‘(B) the Secretary to determine and enforce 

22 compliance with the standards. 

23 ‘‘(3) In the case of any retail electricity or natural 

24 gas supplier for which the Secretary is enforcing compli25 ance with the standards under this section, if such supVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
38 

•HR 1945 IH

1 plier fails to comply with such standards for two consecu2 tive calendar years, the Secretary shall determine the 

3 number of kilowatt hours of electricity savings, or therms 

4 of natural gas savings, by which the supplier has fallen 

5 short of the standards, and, by order, require such sup6 plier, after notice and opportunity for hearing, to deposit 

7 in an escrow account to be designated by the Secretary 

8 an amount equal to 3.5 cents per kilowatt hour for each 

9 such kilowatt hour, and 35 cents per therm for each such 

10 therm. The holder of such escrow account shall annually 

11 distribute the total amount of such account to the States 

12 to be used by the States for the purpose of achieving cus13 tomer electricity and natural gas savings. Any retail elec14 tricity or natural gas supplier required to make such a 

15 payment may, within 60 calendar days after the issuance 

16 of such order, bring an action in the United States Court 

17 of Appeals for the District of Columbia for judicial review 

18 of such order. Such court shall have jurisdiction to enter 

19 a judgment affirming, modifying, or setting aside such 

20 order or remanding such order in whole or in part to the 

21 Secretary. 

22 ‘‘(e) INFORMATION COLLECTION.—The Secretary 

23 may collect the information necessary to verify and 

24 audit— 


sroberts on PROD1PC70 with BILLS
39 

•HR 1945 IH

1 ‘‘(1) the annual electric energy sales, natural 

2 gas sales, electricity savings, and natural gas savings 

3 of any entity applying for electricity or natural gas 

4 savings credits under this section, 

5 ‘‘(2) the validity of electricity or natural gas 

6 savings credits submitted by a retail electricity or 

7 natural gas supplier to the Secretary, and 

8 ‘‘(3) the quantity of electricity and natural gas 

9 sales of all retail electricity and natural gas sup10 pliers. 

11 ‘‘(f) STATE LAW.—Nothing in this section shall su12 persede or otherwise affect any State or local law requiring 

13 or otherwise relating to reductions in total annual elec14 tricity or natural gas energy consumption by or peak 

15 power consumption by electric consumers to the extent 

16 that such State or local law requires more stringent reduc17 tions than those required under this section. Any retail 

18 electricity or natural gas supplier that achieves reductions 

19 referred to in this section in accordance with State re20 quirements shall be entitled to full credit under this sec21 tion for such reductions to the extent that such reductions 

22 meet the requirements of this section and the regulations 

23 under this section (including verification and monitoring 

24 requirements). 

25 ‘‘(g) DEFINITIONS.—For purposes of this section: 


sroberts on PROD1PC70 with BILLS
40 

•HR 1945 IH

1 ‘‘(1) The term ‘retail electricity or natural sup2 plier’ means a person that sells electric energy or 

3 natural gas to consumers and sold not less than 

4 1,000,000 megawatt-hours of electric energy or 

5 20,000,000 therms of natural gas to consumers for 

6 purposes other than resale during the preceding cal7 endar year; except that such term does not include 

8 the United States, a State or any political subdivi9 sion of a State, or any agency, authority, or instru10 mentality of any one or more of the foregoing, or a 

11 rural electric cooperative. 

12 ‘‘(2) The term ‘retail electricity or natural gas 

13 supplier’s base amount’ means the total amount of 

14 electric energy or natural gas sold by the retail elec15 tricity or natural gas supplier to customers during 

16 the most recent calendar year for which information 

17 is available. 

18 ‘‘(3) The term ‘electricity savings’ means reduc19 tions in end-use electricity consumption in customer 

20 facilities relative to consumption at those same fa21 cilities in a base year as defined in rules issued by 

22 the Secretary, or in the case of new facilities, rel23 ative to reference facilities defined in rules issued by 

24 the Secretary, or distributed generation efficiency 

25 measures, including fuel cells and combined heat 


sroberts on PROD1PC70 with BILLS
41 

•HR 1945 IH

1 and power (CHP) technologies, that provide elec2 tricity only for onsite customer use. 

3 ‘‘(4) The term ‘natural gas savings’ means re4 ductions in end-use natural gas consumption in cus5 tomer facilities relative to consumption at those 

6 same facilities in a base year as defined in rules 

7 issued by the Secretary, or in the case of new facili8 ties, relative to reference facilities defined in rules 

9 issued by the Secretary.’’. 

10 (b) TABLE OF CONTENTS.—The table of contents for 

11 title VII of the Public Utility Regulatory Policies Act of 

12 1978 is amended by adding the following new item at the 

13 end thereof: 

‘‘Sec. 610. Efficiency resource standard for retail electricity and natural gas 

suppliers.’’. 

14 SEC. 205. FEDERAL RENEWABLE PORTFOLIO STANDARD. 

15 (a) IN GENERAL.—Title VI of the Public Utility Reg16 ulatory Policies Act of 1978 is amended by adding at the 

17 end the following: 

18 ‘‘SEC. 611. FEDERAL RENEWABLE PORTFOLIO STANDARD. 

19 ‘‘(a) MINIMUM RENEWABLE GENERATION REQUIRE20 MENT.—For each calendar year beginning in calendar 

21 year 2009, each retail electric supplier shall submit to the 

22 Secretary, not later than April 1 of the following calendar 

23 year, renewable energy credits in an amount equal to the 

24 required annual percentage specified in subsection (b). 


sroberts on PROD1PC70 with BILLS
42 

•HR 1945 IH

1 ‘‘(b) REQUIRED ANNUAL PERCENTAGE.—For cal2 endar years after 2008, the required annual percentage 

3 of the retail electric supplier’s base amount that shall be 

4 generated from renewable energy resources, or otherwise 

5 credited towards such percentage requirement pursuant to 

6 subsection (c), shall be the percentage specified in the fol7 lowing table: 

Required annual 

‘‘Calendar Years percentage 

2009 through 2010 .............................................................. 1

2010 through 2011 .............................................................. 2

2011 through 2012 .............................................................. 4

2012 through 2013 .............................................................. 6

2013 through 2015 .............................................................. 8

2015 through 2016 .............................................................. 10

2016 through 2017 .............................................................. 12

2017 through 2018 .............................................................. 14

2018 through 2019 .............................................................. 16

2019 through 2020 .............................................................. 18

2020 and thereafter ............................................................. 20. 

8 ‘‘(c) SUBMISSION OF CREDITS.—(1) A retail electric 

9 supplier may satisfy the requirements of subsection (a) 

10 through the submission of renewable energy credits— 

11 ‘‘(A) issued to the retail electric supplier under 

12 subsection (d); 

13 ‘‘(B) obtained by purchase or exchange under 

14 subsection (e); or 

15 ‘‘(C) borrowed under subsection (f). 

16 ‘‘(2) A renewable energy credit may be counted to17 ward compliance with subsection (a) only once. 

18 ‘‘(d) ISSUANCE OF CREDITS.—(1) The Secretary 

19 shall establish by rule, not later than 1 year after the date 


sroberts on PROD1PC70 with BILLS
43 

•HR 1945 IH

1 of enactment of this section, a program to issue and mon2 itor the sale or exchange of, and track, renewable energy 

3 credits. 

4 ‘‘(2) Under the program established by the Secretary, 

5 an entity that generates electric energy through the use 

6 of a renewable energy resource may apply to the Secretary 

7 for the issuance of renewable energy credits. The applica8 tion shall indicate— 

9 ‘‘(A) the type of renewable energy resource used 

10 to produce the electricity; 

11 ‘‘(B) the location where the electric energy was 

12 produced; and 

13 ‘‘(C) any other information the Secretary deter14 mines appropriate. 

15 ‘‘(3)(A) Except as provided in subparagraphs (B), 

16 (C), and (D), the Secretary shall issue to each entity that 

17 generates electric energy one renewable energy credit for 

18 each kilowatt hour of electric energy the entity generates 

19 from the date of enactment of this section and in each 

20 subsequent calendar year through the use of a renewable 

21 energy resource at an eligible facility. 

22 ‘‘(B) For incremental hydropower the renewable en23 ergy credits shall be calculated based on the expected in24 crease in average annual generation resulting from the ef25 ficiency improvements or capacity additions. The number 


sroberts on PROD1PC70 with BILLS
44 

•HR 1945 IH

1 of credits shall be calculated using the same water flow 

2 information used to determine a historic average annual 

3 generation baseline for the hydroelectric facility and cer4 tified by the Secretary or the Federal Energy Regulatory 

5 Commission. The calculation of the renewable energy cred6 its for incremental hydropower shall not be based on any 

7 operational changes at the hydroelectric facility not di8 rectly associated with the efficiency improvements or ca9 pacity additions. 

10 ‘‘(C) The Secretary shall issue two renewable energy 

11 credits for each kilowatt hour of electric energy generated 

12 and supplied to the grid in that calendar year through the 

13 use of a renewable energy resource at an eligible facility 

14 located on Indian land. For purposes of this paragraph, 

15 renewable energy generated by biomass cofired with other 

16 fuels is eligible for two credits only if the biomass was 

17 grown on such land. 

18 ‘‘(D) For electric energy resources produced from a 

19 generation offset, the Secretary shall issue two renewable 

20 energy credits for each kilowatt hour generated. 

21 ‘‘(E) To be eligible for a renewable energy credit, the 

22 unit of electric energy generated through the use of a re23 newable energy resource may be sold or may be used by 

24 the generator. If both a renewable energy resource and 

25 a non-renewable energy resource are used to generate the 


sroberts on PROD1PC70 with BILLS
45 

•HR 1945 IH

1 electric energy, the Secretary shall issue renewable energy 

2 credits based on the proportion of the renewable energy 

3 resources used. The Secretary shall identify renewable en4 ergy credits by type and date of generation. 

5 ‘‘(4) When a generator sells electric energy generated 

6 through the use of a renewable energy resource to a retail 

7 electric supplier under a contract subject to section 210 

8 of this Act, the retail electric supplier is treated as the 

9 generator of the electric energy for the purposes of this 

10 section or the duration of the contract. 

11 ‘‘(5) The Secretary shall issue renewable energy cred12 its for existing facility offsets to be applied against a retail 

13 electric supplier’s required annual percentage. Such cred14 its are not tradeable and may be used only in the calendar 

15 year generation actually occurs. 

16 ‘‘(e) CREDIT TRADING.—A renewable energy credit, 

17 may be sold or exchanged by the entity to whom issued 

18 or by any other entity who acquires the renewable energy 

19 credit. A renewable energy credit for any year that is not 

20 used to satisfy the minimum renewable generation require21 ment of subsection (a) for that year may be carried for22 ward for use within the next 4 years. 

23 ‘‘(f) CREDIT BORROWING.—At any time before the 

24 end of calendar year 2009, a retail electric supplier that 


sroberts on PROD1PC70 with BILLS
46 

•HR 1945 IH

1 has reason to believe it will not have sufficient renewable 

2 energy credits to comply with subsection (a) may— 

3 ‘‘(1) submit a plan to the Secretary dem4 onstrating that the retail electric supplier will earn 

5 sufficient credits within the next 3 calendar years 

6 which, when taken into account, will enable the re7 tail electric supplier to meet the requirements of 

8 subsection (a) for calendar year 2009 and the subse9 quent calendar years involved; and 

10 ‘‘(2) upon the approval of the plan by the Sec11 retary, apply renewable energy credits that the plan 

12 demonstrates will be earned within the next 3 cal13 endar years to meet the requirements of subsection 

14 (a) for each calendar year involved. 

15 The retail electric supplier must repay all of the borrowed 

16 renewable energy credits by submitting an equivalent 

17 number of renewable energy credits, in addition to those 

18 otherwise required under subsection (a), by calendar year 

19 2010 or any earlier deadlines specified in the approved 

20 plan. Failure to repay the borrowed renewable energy 

21 credits shall subject the retail electric supplier to civil pen22 alties under subsection (h) for violation of the require23 ments of subsection (a) for each calendar year involved. 

24 ‘‘(g) CREDIT COST CAP.—The Secretary shall offer 

25 renewable energy credits for sale at the lesser of 3 cents 


sroberts on PROD1PC70 with BILLS
47 

•HR 1945 IH

1 per kilowatt-hour or 200 percent of the average market 

2 value of renewable credits for the applicable compliance 

3 period. On January 1 of each year following calendar year 

4 2008, the Secretary shall adjust for inflation the price 

5 charged per credit for such calendar year, based on the 

6 Gross Domestic Product Implicit Price Deflator. 

7 ‘‘(h) ENFORCEMENT.—The Secretary may bring an 

8 action in the appropriate United States district court to 

9 impose a civil penalty on a retail electric supplier that does 

10 not comply with subsection (a), unless the retail electric 

11 supplier was unable to comply with subsection (a) for rea12 sons outside of the supplier’s reasonable control (including 

13 weather-related damage, mechanical failure, lack of trans14 mission capacity or availability, strikes, lockouts, actions 

15 of a governmental authority). A retail electric supplier who 

16 does not submit the required number of renewable energy 

17 credits under subsection (a) shall be subject to a civil pen18 alty of not more than the greater of 3 cents or 200 percent 

19 of the average market value of credits for the compliance 

20 period for each renewable energy credit not submitted.. 

21 ‘‘(i) INFORMATION COLLECTION.—The Secretary 

22 may collect the information necessary to verify and 

23 audit— 


sroberts on PROD1PC70 with BILLS
48 

•HR 1945 IH

1 ‘‘(1) the annual electric energy generation and 

2 renewable energy generation of any entity applying 

3 for renewable energy credits under this section; 

4 ‘‘(2) the validity of renewable energy credits 

5 submitted by a retail electric supplier to the Sec6 retary; and 

7 ‘‘(3) the quantity of electricity sales of all retail 

8 electric suppliers. 

9 ‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—Incre10 mental hydropower shall be subject to all applicable envi11 ronmental laws and licensing and regulatory requirements. 

12 ‘‘(k) EXISTING PROGRAMS.—This section does not 

13 preclude a State from imposing additional renewable en14 ergy requirements in that State, including specifying eligi15 ble technologies under such State requirements. 

16 ‘‘(l) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) BIOMASS.—The term ‘biomass’ means any 

18 organic material that is available on a renewable or 

19 recurring basis, including dedicated energy crops, 

20 trees grown for energy production, wood waste and 

21 wood residues, plants (including aquatic plants, 

22 grasses, and agricultural crops), residues, fibers, 

23 animal wastes and other organic waste materials 

24 (but not including unsegregated municipal solid 

25 waste (garbage)), and fats and oils, except that with 


sroberts on PROD1PC70 with BILLS
49 

•HR 1945 IH

1 respect to material removed from National Forest 

2 System lands the term includes only organic mate3 rial from— 

4 ‘‘(A) thinnings from trees that are less 

5 than 12 inches in diameter; 

6 ‘‘(B) slash; 

7 ‘‘(C) brush; and 

8 ‘‘(D) mill residues. 

9 ‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible 

10 facility’ means— 

11 ‘‘(A) a facility for the generation of electric 

12 energy from a renewable energy resource that is 

13 placed in service on or after the date of enact14 ment of this section; or 

15 ‘‘(B) a repowering or cofiring increment 

16 that is placed in service on or after the date of 

17 enactment of this section at a facility for the 

18 generation of electric energy from a renewable 

19 energy resource that was placed in service be20 fore that date. 

21 ‘‘(3) ELIGIBLE RENEWABLE ENERGY RE22 SOURCE.—The term ‘renewable energy resource’ 

23 means solar, wind, ocean, or geothermal energy, bio24 mass (excluding solid waste and paper that is comVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
50 

•HR 1945 IH

1 monly recycled), landfill gas, a generation offset, or 

2 incremental hydropower. 

3 ‘‘(4) GENERATION OFFSET.—The term ‘genera4 tion offset’ means reduced electricity usage metered 

5 at a site where a customer consumes energy from a 

6 renewable energy technology. 

7 ‘‘(5) EXISTING FACILITY OFFSET.—The term 

8 ‘existing facility offset’ means renewable energy gen9 erated from an existing facility, not classified as an 

10 eligible facility, that is owned or under contract, di11 rectly or indirectly, to a retail electric supplier on 

12 the date of enactment of this section. 

13 ‘‘(6) INCREMENTAL HYDROPOWER.—The term 

14 ‘incremental hydropower’ means additional genera15 tion that is achieved from increased efficiency or ad16 ditions of capacity on or after the date of enactment 

17 of this section or the effective date of the applicable 

18 State renewable portfolio standard program, at a hy19 droelectric facility that was placed in service before 

20 that date. 

21 ‘‘(7) INDIAN LAND.—The term ‘Indian land’ 

22 means— 

23 ‘‘(A) any land within the limits of any In24 dian reservation, pueblo, or rancheria; 


sroberts on PROD1PC70 with BILLS
51 

•HR 1945 IH

1 ‘‘(B) any land not within the limits of any 

2 Indian reservation, pueblo, or rancheria title to 

3 which was on the date of enactment of this 

4 paragraph either held by the United States for 

5 the benefit of any Indian tribe or individual or 

6 held by any Indian tribe or individual subject to 

7 restriction by the United States against alien8 ation; 

9 ‘‘(C) any dependent Indian community; 

10 and 

11 ‘‘(D) any land conveyed to any Alaska Na12 tive corporation under the Alaska Native 

13 Claims Settlement Act. 

14 ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 

15 means any Indian tribe, band, nation, or other orga16 nized group or community, including any Alaskan 

17 Native village or regional or village corporation as 

18 defined in or established pursuant to the Alaska Na19 tive Claims Settlement Act (43 U.S.C. 1601 et seq.), 

20 which is recognized as eligible for the special pro21 grams and services provided by the United States to 

22 Indians because of their status as Indians. 

23 ‘‘(9) RENEWABLE ENERGY.—The term ‘renew24 able energy’ means electric energy generated by a re25 newable energy resource. 


sroberts on PROD1PC70 with BILLS
52 

•HR 1945 IH

1 ‘‘(10) RENEWABLE ENERGY RESOURCE.—The 

2 term ‘renewable energy resource’ means solar, wind, 

3 ocean, geothermal energy, biomass (not including 

4 municipal solid waste), landfill gas, a generation off5 set, or incremental hydropower. 

6 ‘‘(11) REPOWERING OR COFIRING INCRE7 MENT.—The term ‘repowering or cofiring increment’ 

8 means— 

9 ‘‘(A) the additional generation from a 

10 modification that is placed in service on or after 

11 the date of enactment of this section to expand 

12 electricity production at a facility used to gen13 erate electric energy from a renewable energy 

14 resource or to cofire biomass that was placed in 

15 service before the date of enactment of this sec16 tion, or 

17 ‘‘(B) the additional generation above the 

18 average generation in the 3 years preceding the 

19 date of enactment of this section to expand 

20 electricity production at a facility used to gen21 erate electric energy from a renewable energy 

22 resource or to cofire biomass that was placed in 

23 service before the date of enactment of this sec24 tion. 


sroberts on PROD1PC70 with BILLS
53 

•HR 1945 IH

1 ‘‘(12) RETAIL ELECTRIC SUPPLIER.—The term 

2 ‘retail electric supplier’ means a person that sells 

3 electric energy to electric consumers and sold not 

4 less than 1,000,000 megawatt-hours of electric en5 ergy to electric consumers for purposes other than 

6 resale during the preceding calendar year; except 

7 that such term does not include the United States, 

8 a State or any political subdivision of a State, or any 

9 agency, authority, or instrumentality of any one or 

10 more of the foregoing. 

11 ‘‘(13) RETAIL ELECTRIC SUPPLIER’S BASE

12 AMOUNT.—The term ‘retail electric supplier’s base 

13 amount’ means the total amount of electric energy 

14 sold by the retail electric supplier to electric cus15 tomers during the most recent calendar year for 

16 which information is available, excluding electric en17 ergy generated by— 

18 ‘‘(A) an eligible renewable energy resource; 

19 or 

20 ‘‘(B) a hydroelectric facility. 

21 ‘‘(m) SUNSET.—This section expires December 31, 

22 2030.’’. 

23 (b) TABLE OF CONTENTS.—The table of contents for 

24 such title is amended by adding the following new item 

25 at the end: 

‘‘Sec. 611. Federal renewable portfolio standard.’’. 


sroberts on PROD1PC70 with BILLS
54 

•HR 1945 IH

1 SEC. 206. NET METERING. 

2 (a) ADOPTION OF STANDARD.—Section 111(d)(11) 

3 of the Public Utility Regulatory Policies Act of 1978 (16 

4 U.S.C. 2621(d)) is amended to read as follows: 

5 ‘‘(11) NET METERING.—(A) Each electric util6 ity shall make available upon request net metering 

7 service to any electric consumer that the electric 

8 utility serves. 

9 ‘‘(B) For purposes of implementing this para10 graph, any reference contained in this section to the 

11 date of enactment of the Public Utility Regulatory 

12 Policies Act of 1978 shall be deemed to be a ref13 erence to the date of enactment of this paragraph. 

14 ‘‘(C) Notwithstanding subsections (b) and (c) of 

15 section 112, each State regulatory authority may 

16 consider and make a determination concerning 

17 whether it is appropriate in the public interest to not 

18 implement the standard set out in subparagraph (A) 

19 not later than 1 year after the date of enactment of 

20 this paragraph. 

21 ‘‘(D) Nothing in this section shall preclude a 

22 State from establishing additional incentives or to 

23 encourage on-site generating facilities and net me24 tering in addition to that required under this sec25 tion. 


sroberts on PROD1PC70 with BILLS
55 

•HR 1945 IH

1 ‘‘(E) The Department shall report within 11 

2 months of enactment and annually thereafter on the 

3 public benefit provided by adoption of net metering 

4 and interconnection standards, and the status of 

5 state adoption of such.’’. 

6 (b) SPECIAL RULES FOR NET METERING.—Section 

7 115 of the Public Utility Regulatory Policies Act of 1978 

8 (16 U.S.C. 2625) is amended by adding at the end the 

9 following: 

10 ‘‘(i) NET METERING.—In undertaking the consider11 ation and making the determination under section 111 

12 with respect to the standard concerning net metering es13 tablished by section 111(d)(11), the term net metering 

14 service shall mean a service provided in accordance with 

15 the following standards: 

16 ‘‘(1) An electric utility— 

17 ‘‘(A) shall charge the owner or operator of 

18 an on-site generating facility rates and charges 

19 that are identical to those that would be 

20 charged other electric consumers of the electric 

21 utility in the same rate class; and 

22 ‘‘(B) shall not charge the owner or oper23 ator of an on-site generating facility any addi24 tional standby, capacity, interconnection, or 

25 other rate or charge. 


sroberts on PROD1PC70 with BILLS
56 

•HR 1945 IH

1 ‘‘(2) An electric utility that sells electric energy 

2 to the owner or operator of an on-site generating fa3 cility shall measure the quantity of electric energy 

4 produced by the on-site facility and the quantity of 

5 electric energy consumed by the owner or operator 

6 of an on-site generating facility during a billing pe7 riod with a single bi-directional meter or otherwise 

8 in accordance with reasonable metering practices. 

9 ‘‘(3) If the quantity of electric energy sold by 

10 the electric utility to an on-site generating facility 

11 exceeds the quantity of electric energy supplied by 

12 the on-site generating facility to the electric utility 

13 during the billing period, the electric utility may bill 

14 the owner or operator for the net quantity of electric 

15 energy sold, in accordance with reasonable metering 

16 practices. 

17 ‘‘(4) If the quantity of electric energy supplied 

18 by the on-site generating facility to the electric util19 ity exceeds the quantity of electric energy sold by 

20 the electric utility to the on-site generating facility 

21 during the billing period— 

22 ‘‘(A) the electric utility may bill the owner 

23 or operator of the on-site generating facility for 

24 the appropriate charges for the billing period in 

25 accordance with paragraph; and 


sroberts on PROD1PC70 with BILLS
57 

•HR 1945 IH

1 ‘‘(B) the owner or operator of the on-site 

2 generating facility shall be credited for the ex3 cess kilowatt-hours generated during the billing 

4 period, with the kilowatt-hour credit appearing 

5 on the bill for the following billing period. 

6 ‘‘(5) An eligible on-site generating facility and 

7 net metering system used by an electric consumer 

8 shall meet all applicable safety, performance, reli9 ability, and interconnection standards established by 

10 the National Electrical Code, the Institute of Elec11 trical and Electronics Engineers, and Underwriters 

12 Laboratories. 

13 ‘‘(6) The Commission, after consultation with 

14 State regulatory authorities and unregulated electric 

15 utilities and after notice and opportunity for com16 ment, may adopt, by rule, additional control and 

17 testing and interconnection requirements for on-site 

18 generating facilities and net metering systems that 

19 the Commission determines are necessary to protect 

20 public safety and system reliability. 

21 ‘‘(7) For purposes of this subsection: 

22 ‘‘(A) The term ‘eligible on-site generating 

23 facility’ means a facility on the site of a resi24 dential electric consumer with a maximum gen25 erating capacity of 10 kilowatts or less that is 


sroberts on PROD1PC70 with BILLS
58 

•HR 1945 IH

1 fueled by solar energy, wind energy, or fuel 

2 cells; or a facility on the site of a commercial 

3 electric consumer with a maximum generating 

4 capacity of 500 1000 kilowatts or less that is 

5 fueled solely by a renewable energy resource, 

6 landfill gas, or a high efficiency system. 

7 ‘‘(B) The term ‘renewable energy resource’ 

8 means solar, wind, biomass, micro-freeflow 

9 hydro, or geothermal energy. 

10 ‘‘(C) The term ‘high efficiency system’ 

11 means fuel cells or combined heat and power. 

12 ‘‘(D) The term ‘net metering service’ 

13 means service to an electric consumer under 

14 which electric energy generated by that electric 

15 consumer from an eligible on-site generating fa16 cility and delivered to the local distribution fa17 cilities may be used to offset electric energy 

18 provided by the electric utility to the electric 

19 consumer during the applicable billing period.’’. 

20 Subtitle B—Energy Efficiency 

21 Incentive 

22 SEC. 211. PERFORMANCE BASED ENERGY IMPROVEMENTS 

23 FOR NON-BUSINESS PROPERTY. 

24 (a) IN GENERAL.—Subpart A of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of 


sroberts on PROD1PC70 with BILLS
59 

•HR 1945 IH

1 1986 is amended by inserting after section 25D the fol2 lowing new section: 

3 ‘‘SEC. 25E. PERFORMANCE BASED ENERGY IMPROVE4 MENTS. 

5 ‘‘(a) IN GENERAL.—In the case of an individual, 

6 there shall be allowed as a credit against the tax imposed 

7 by this chapter for the taxable year an amount equal to 

8 the amount of qualified energy efficiency expenditures 

9 paid or incurred by the taxpayer during the taxable year. 

10 ‘‘(b) LIMITATIONS.— 

11 ‘‘(1) IN GENERAL.—The amount allowed as a 

12 credit under subsection (a) shall not exceed the 

13 product of— 

14 ‘‘(A) the qualified energy savings achieved, 

15 and 

16 ‘‘(B) $4,000. 

17 ‘‘(2) MINIMUM AMOUNT OF QUALIFIED ENERGY

18 SAVINGS.—No credit shall be allowed under sub19 section (a) with respect to any principal residence 

20 which achieves a qualified energy savings of less 

21 than 20 percent. 

22 ‘‘(3) LIMITATION BASED ON AMOUNT OF

23 TAX.—In the case of taxable years to which section 

24 26(a)(2) does not apply, the credit allowed under 


sroberts on PROD1PC70 with BILLS
60 

•HR 1945 IH

1 subsection (a) for any taxable year shall not exceed 

2 the excess of— 

3 ‘‘(A) the sum of the regular tax liability 

4 (as defined in section 26(b)) plus the tax im5 posed by section 55, over 

6 ‘‘(B) the sum of the credit allowable under 

7 this subpart (other than this section and sec8 tions 23, 24, and 25B) and section 27 for the 

9 taxable year. 

10 ‘‘(c) QUALIFIED ENERGY EFFICIENCY EXPENDI11 TURES.—For purposes of this section: 

12 ‘‘(1) IN GENERAL.—The term ‘qualified energy 

13 efficiency expenditures’ means any amount paid or 

14 incurred which is related to producing qualified en15 ergy savings in a principal residence of the taxpayer 

16 which is located in the United States. 

17 ‘‘(2) NO DOUBLE BENEFIT FOR CERTAIN EX18 PENDITURES.—The term ‘qualified energy efficiency 

19 expenditures’ shall not include any expenditure for 

20 which a deduction or credit is otherwise allowed to 

21 the taxpayer under this chapter. 

22 ‘‘(3) PRINCIPAL RESIDENCE.—The term ‘prin23 cipal residence’ has the same meaning as when used 

24 in section 121, except that— 


sroberts on PROD1PC70 with BILLS
61 

•HR 1945 IH

1 ‘‘(A) no ownership requirement shall be 

2 imposed, and 

3 ‘‘(B) the period for which a building is 

4 treated as used as a principal residence shall 

5 also include the 60-day period ending on the 1st 

6 day on which it would (but for this subpara7 graph) first be treated as used as a principal 

8 residence. 

9 ‘‘(d) QUALIFIED ENERGY SAVINGS.—For purposes of 

10 this section— 

11 ‘‘(1) IN GENERAL.—The term ‘qualified energy 

12 savings’ means, with respect to any principal resi13 dence, the amount (measured as a percentage) by 

14 which— 

15 ‘‘(A) the annual energy use with respect to 

16 the principal residence after qualified energy ef17 ficiency expenditures are made, as certified 

18 under paragraph (2), is less than 

19 ‘‘(B) the annual energy use with respect to 

20 the principal residence before the qualified en21 ergy efficiency expenditures were made, as cer22 tified under paragraph (2). 

23 In determining annual energy use under subpara24 graph (B), any energy efficiency improvements 


sroberts on PROD1PC70 with BILLS
62 

•HR 1945 IH

1 which are not attributable to qualified energy effi2 ciency expenditures shall be disregarded. 

3 ‘‘(2) CERTIFICATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary, in con5 sultation with the Secretary of Energy, shall 

6 prescribe the procedures and methods for the 

7 making of certifications under this paragraph 

8 based on the Residential Energy Services Net9 work (RESNET) Technical Guidelines in effect 

10 on the date of the enactment of this section. 

11 ‘‘(B) QUALIFIED INDIVIDUALS.—Any cer12 tification made under this paragraph may only 

13 be made by an individual who is recognized by 

14 an organization certified by the Secretary for 

15 such purposes. 

16 ‘‘(e) SPECIAL RULES.—For purposes of this section 

17 rules similar to the rules under paragraphs (4), (5), (6), 

18 (7), (8), and (9) of section 25D(e) and section 25C(e)(2) 

19 shall apply. 

20 ‘‘(f) BASIS ADJUSTMENTS.—For purposes of this 

21 subtitle, if a credit is allowed under this section with re22 spect to any expenditure with respect to any property, the 

23 increase in the basis of such property which would (but 

24 for this subsection) result from such expenditure shall be 

25 reduced by the amount of the credit so allowed. 


sroberts on PROD1PC70 with BILLS
63 

•HR 1945 IH

1 ‘‘(g) TERMINATION.—This section shall not apply 

2 with respect to any property placed in service after Decem3 ber 31, 2011.’’. 

4 (b) INTERIM GUIDANCE ON CERTIFICATION.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary 

7 of the Treasury, in consultation with the Secretary 

8 of Energy, shall issue interim guidance on— 

9 (A) the procedures and methods for mak10 ing certifications under sections 25E(d)(2)(A) 

11 and 179F(d)(2)(A) of the Internal Revenue 

12 Code of 1986, as added by subsection (a) and 

13 section 203, respectively; 

14 (B) the recognition of qualified individuals 

15 under sections 25E(d)(2)(B) and 

16 179F(d)(2)(B) of such Code for the purpose of 

17 making such certifications; and 

18 (C) how participation in State energy effi19 ciency programs can be used in the procedures 

20 and methods described in subparagraph (A). 

21 (2) CONSULTATION WITH STAKEHOLDERS.— 

22 (A) IN GENERAL.—The Secretary of the 

23 Treasury, in issuing guidance pursuant to para24 graph (1), shall consider comments from energy 

25 efficiency experts and other interested parties. 


sroberts on PROD1PC70 with BILLS
64 

•HR 1945 IH

1 (B) OTHER CONSIDERATIONS.—In the case 

2 of guidance issued pursuant to paragraph 

3 (1)(B), the Secretary of the Treasury shall also 

4 consider— 

5 (i) the Residential Energy Services 

6 Network Technical Guidelines and other 

7 pertinent guidelines for evaluating energy 

8 savings; 

9 (ii) energy modeling software, includ10 ing software accredited through the Resi11 dential Energy Services Network; and 

12 (iii) quality assurance procedures of 

13 the Building Performance Institute, Home 

14 Performance through Energy Star, and the 

15 Residential Energy Services Network. 

16 (c) ALTERNATIVE CERTIFICATION METHODS.— 

17 (1) IN GENERAL.—The Secretary of the Treas18 ury shall establish a procedure for individuals and 

19 businesses to petition for the approval of alternative 

20 methods of certification under sections 25E(d)(2)(A) 

21 and 179F(d)(2)(A) of the Internal Revenue Code of 

22 1986, as added by subsection (a) and section 203, 

23 respectively. 

24 (2) DETERMINATION.—The Secretary of the 

25 Treasury shall make a determination on the apVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
65 

•HR 1945 IH

1 proval or disapproval of such alternative methods of 

2 certification not later than 90 days after receiving a 

3 petition under paragraph (1). 

4 (d) CONFORMING AMENDMENTS.— 

5 (1) Section 1016(a) is amended by striking 

6 ‘‘and’’ at the end of paragraph (36), by striking the 

7 period at the end of paragraph (37) and inserting ‘‘, 

8 and’’, and by adding at the end the following new 

9 paragraph: 

10 ‘‘(38) to the extent provided in section 

11 25E(f).’’. 

12 (2) The table of sections for subpart A of part 

13 IV of subchapter A chapter 1 is amended by insert14 ing after the item relating to section 25D the fol15 lowing new item: 

‘‘Sec. 25E. Performance based energy improvements.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to amounts paid or incurred in tax18 able years beginning after the date of the enactment of 

19 this Act. 

20 SEC. 212. EXTENSION AND MODIFICATION OF CREDIT FOR 

21 NONBUSINESS ENERGY PROPERTY. 

22 (a) EXTENSION.—Subsection (g) of section 25C (re23 lating to termination) is amended by striking ‘‘December 

24 31, 2007’’ and inserting ‘‘December 31, 2011’’. 


sroberts on PROD1PC70 with BILLS
66 

•HR 1945 IH

1 (b) LABOR COSTS FOR QUALIFIED ENERGY EFFI2 CIENCY IMPROVEMENTS.—Section 25C(c)(1) is amended 

3 by adding at the end the following new flush sentence: 

4 ‘‘The amount taken into account under subsection 

5 (a)(1) with respect to qualified energy efficiency im6 provements shall include expenditures for labor costs 

7 properly allocable to the onsite preparation, assem8 bly, or original installation of any component de9 scribed in this paragraph.’’. 

10 (c) MODIFICATIONS FOR RESIDENTIAL ENERGY EF11 FICIENCY PROPERTY EXPENDITURES.— 

12 (1) INCREASED LIMITATION FOR OIL FURNACES

13 AND NATURAL GAS, PROPANE, AND OIL HOT WATER

14 BOILERS.— 

15 (A) IN GENERAL.—Subparagraphs (B) and 

16 (C) of section 25C(b)(3) are amended to read 

17 as follows: 

18 ‘‘(B) $150 for any qualified natural gas 

19 furnace or qualified propane furnace, and 

20 ‘‘(C) $300 for— 

21 ‘‘(i) any item of energy-efficient build22 ing property, and 

23 ‘‘(ii) any qualified oil furnace, quali24 fied natural gas hot water boiler, qualified 


sroberts on PROD1PC70 with BILLS
67 

•HR 1945 IH

1 propane hot water boiler, or qualified oil 

2 hot water boiler.’’. 

3 (B) CONFORMING AMENDMENT.—Clause 

4 (ii) of section 25C(d)(2)(A) is amended to read 

5 as follows: 

6 ‘‘(ii) any qualified natural gas fur7 nace, qualified propane furnace, qualified 

8 oil furnace, qualified natural gas hot water 

9 boiler, qualified propane hot water boiler, 

10 or qualified oil hot water boiler, or’’. 

11 (2) MODIFICATIONS OF STANDARDS FOR EN12 ERGY-EFFICIENT BUILDING PROPERTY.— 

13 (A) ELECTRIC HEAT PUMPS.—Subpara14 graph (B) of section 25C(d)(3) is amended to 

15 read as follows: 

16 ‘‘(A) an electric heat pump which achieves 

17 the highest efficiency tier established by the 

18 Consortium for Energy Efficiency, as in effect 

19 on January 1, 2008.’’. 

20 (B) CENTRAL AIR CONDITIONERS.—Sec21 tion 25C(d)(3)(D) is amended by striking 

22 ‘‘2006’’ and inserting ‘‘2008’’. 

23 (C) WATER HEATERS.—Subparagraph (E) 

24 of section 25C(d) is amended to read as follows: 


sroberts on PROD1PC70 with BILLS
68 

•HR 1945 IH

1 ‘‘(E) a natural gas, propane, or oil water 

2 heater which has either an energy factor of at 

3 least 0.80 or a thermal efficiency of at least 90 

4 percent.’’. 

5 (D) OIL FURNACES AND HOT WATER BOIL6 ERS.—Paragraph (4) of section 25C(d) is 

7 amended to read as follows: 

8 ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND

9 OIL FURNACES AND HOT WATER BOILERS.— 

10 ‘‘(A) QUALIFIED NATURAL GAS FUR11 NACE.—The term ‘qualified natural gas fur12 nace’ means any natural gas furnace which 

13 achieves an annual fuel utilization efficiency 

14 rate of not less than 95. 

15 ‘‘(B) QUALIFIED NATURAL GAS HOT

16 WATER BOILER.—The term ‘qualified natural 

17 gas hot water boiler’ means any natural gas hot 

18 water boiler which achieves an annual fuel utili19 zation efficiency rate of not less than 90. 

20 ‘‘(C) QUALIFIED PROPANE FURNACE.— 

21 The term ‘qualified propane furnace’ means any 

22 propane furnace which achieves an annual fuel 

23 utilization efficiency rate of not less than 95. 

24 ‘‘(D) QUALIFIED PROPANE HOT WATER

25 BOILER.—The term ‘qualified propane hot 


sroberts on PROD1PC70 with BILLS
69 

•HR 1945 IH

1 water boiler’ means any propane hot water boil2 er which achieves an annual fuel utilization effi3 ciency rate of not less than 90. 

4 ‘‘(E) QUALIFIED OIL FURNACES.—The 

5 term ‘qualified oil furnace’ means any oil fur6 nace which achieves an annual fuel utilization 

7 efficiency rate of not less than 90. 

8 ‘‘(F) QUALIFIED OIL HOT WATER BOIL9 ER.—The term ‘qualified oil hot water boiler’ 

10 means any oil hot water boiler which achieves 

11 an annual fuel utilization efficiency rate of not 

12 less than 90.’’. 

13 (3) ELIMINATION OF LIFETIME LIMITATION.— 

14 Paragraph (1) of section 25C(b) is amended by in15 serting ‘‘by reason of subsection (a)(1)’’ after 

16 ‘‘under this section’’. 

17 (d) MODIFICATION OF QUALIFIED ENERGY EFFI18 CIENCY IMPROVEMENTS.— 

19 (1) IN GENERAL.—Paragraph (1) of section 

20 25C(c) is amended by inserting ‘‘, or an asphalt roof 

21 with appropriate cooling granules,’’ before ‘‘which 

22 meet the Energy Star program requirements’’. 

23 (2) BUILDING ENVELOPE COMPONENT.—Sub24 paragraph (D) of section 25C(c)(2) is amended— 


sroberts on PROD1PC70 with BILLS
70 

•HR 1945 IH

1 (A) by inserting ‘‘or asphalt roof’’ after 

2 ‘‘metal roof’’, and 

3 (B) by inserting ‘‘or cooling granules’’ 

4 after ‘‘pigmented coatings’’. 

5 (e) NATURAL GAS FIRED HEAT PUMPS.—Section 

6 25C(d)(3), as amended by this section, is amended by 

7 striking ‘‘and’’ at the end of subparagraph (D), by strik8 ing the period at the end of subparagraph (E) and insert9 ing ‘‘, and’’, and by adding at the end the following new 

10 subparagraph: 

11 ‘‘(F) a natural gas fired heat pump with a 

12 heating coefficient of performance (COP) of at 

13 least 1.1.’’. 

14 (f) ELIMINATION OF CREDIT FOR QUALIFIED EN15 ERGY EFFICIENCY IMPROVEMENTS IN 2010.— 

16 (1) IN GENERAL.—Subsection (a) of section 

17 25C is amended to read as follows: 

18 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in19 dividual, there shall be allowed as a credit against the tax 

20 imposed by this chapter for the taxable year an amount 

21 equal to the amount of residential energy property expend22 itures paid or incurred by the taxpayer during the taxable 

23 year.’’. 

24 (2) CONFORMING AMENDMENTS.— 


sroberts on PROD1PC70 with BILLS
71 

•HR 1945 IH

1 (A) Section 25C(b), as amended by sub2 section (b), is amended by striking paragraphs 

3 (1) and (2) and by redesignating paragraph (3) 

4 as paragraph (1). 

5 (B) Section 25C(b)(1), as redesignated by 

6 subparagraph (A), is amended by striking ‘‘by 

7 reason of subsection (a)(2)’’. 

8 (C) Section 25C is amended by striking 

9 subsection (c). 

10 (g) CLARIFICATION OF ELIGIBILITY OF STANDARDS

11 FOR QUALIFIED ENERGY PROPERTY.—Section 

12 25C(d)(2)(C) is amended by striking ‘‘and’’ at the end of 

13 clause (i), by striking the period at the end of clause (ii) 

14 and inserting ‘‘, and’’, and by adding at the end the fol15 lowing new clause: 

16 ‘‘(iii) shall allow for the testing of 

17 products regardless of the size or capacity 

18 of the product.’’. 

19 (h) EFFECTIVE DATES.— 

20 (1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), the amendments made by this 

22 section shall apply to property placed in service after 

23 the date of the enactment of this Act. 

24 (2) STANDARDS FOR ELECTRIC HEAT PUMPS

25 AND CENTRAL AIR CONDITIONERS.—The amendVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
72 

•HR 1945 IH

1 ments made by subparagraphs (A) and (B) sub2 section (c)(2) shall apply to property placed in serv3 ice after December 31, 2007. 

4 (3) ELIMINATION OF CREDIT FOR QUALIFIED

5 ENERGY EFFICIENCY IMPROVEMENTS.—The amend6 ments made by subsection (f) shall apply to property 

7 placed in service after December 31, 2009. 

8 SEC. 213. EXTENSION AND CLARIFICATION OF NEW EN9 ERGY EFFICIENT HOME CREDIT. 

10 (a) EXTENSION.—Subsection (g) of section 45L (re11 lating to termination), as amended by section 205 of divi12 sion A of the Tax Relief and Health Care Act of 2006, 

13 is amended by striking ‘‘December 31, 2008’’ and insert14 ing ‘‘December 31, 2011’’. 

15 (b) CLARIFICATION.— 

16 (1) IN GENERAL.—Paragraph (1) of section 

17 45L(a) is amended by striking ‘‘and’’ at the end of 

18 subparagraph (A) and by striking subparagraph (B) 

19 and inserting the following: 

20 ‘‘(B) acquired by a person from such eligi21 ble contractor, and 

22 ‘‘(C) used by any person as a residence 

23 during the taxable year.’’. 


sroberts on PROD1PC70 with BILLS
73 

•HR 1945 IH

1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect as if included in 

3 section 1332 of the Energy Policy Act of 2005. 

4 SEC. 214. EXTENSION AND MODIFICATION OF DEDUCTION 

5 FOR ENERGY EFFICIENT COMMERCIAL 

6 BUILDINGS. 

7 (a) EXTENSION.—Subsection (h) of section 179D 

8 (relating to termination) is amended to read as follows: 

9 ‘‘(h) TERMINATION.—This section shall not apply 

10 with respect to property— 

11 ‘‘(1) which is certified under subsection (d)(6) 

12 after December 31, 2012, or 

13 ‘‘(2) which is placed in service after December 

14 31, 2014. 

15 A provisional certification shall be treated as meeting the 

16 requirements of paragraph (1) if it is based on the build17 ing plans, subject to inspection and testing after installa18 tion.’’. 

19 (b) INCREASE IN MAXIMUM AMOUNT OF DEDUC20 TION.— 

21 (1) IN GENERAL.—Subparagraph (A) of section 

22 179D(b)(1) is amended by striking ‘‘$1.80’’ and in23 serting ‘‘$2.25’’. 

24 (2) PARTIAL ALLOWANCE.—Paragraph (1) of 

25 section 179D(d) is amended— 


sroberts on PROD1PC70 with BILLS
74 

•HR 1945 IH

1 (A) by striking ‘‘$.60’’ and inserting 

2 ‘‘$0.75’’, and 

3 (B) by striking ‘‘$1.80’’ and inserting 

4 ‘‘$2.25’’. 

5 (c) MODIFICATIONS TO CERTAIN SPECIAL RULES.— 

6 (1) METHODS OF CALCULATING ENERGY SAV7 INGS.— 

8 (A) IN GENERAL.—Paragraph (2) of sec9 tion 179D(d) is amended— 

10 (i) by inserting ‘‘in detail’’ after 

11 ‘‘based’’, 

12 (ii) by inserting ‘‘, except that the 

13 Secretary shall use Standard 90.1–2001 in 

14 lieu of the California title 24 energy stand15 ards and the tables contained therein and 

16 the Secretary may add requirements from 

17 Standard 90.1–2001 (or any successor 

18 standard)’’ before the period at the end, 

19 and 

20 (iii) by adding at the end the fol21 lowing new sentence: ‘‘The calculation 

22 methods contained in such regulations 

23 shall also provide for the calculation of ap24 propriate energy savings for design meth25 ods and technologies not otherwise credited 


sroberts on PROD1PC70 with BILLS
75 

•HR 1945 IH

1 in such manual or standard, including en2 ergy savings associated with natural ven3 tilation, evaporative cooling, automatic 

4 lighting controls (such as occupancy sen5 sors, photocells, and time clocks), day 

6 lighting, designs utilizing semi-conditioned 

7 spaces which maintain adequate comfort 

8 conditions without air conditioning or with9 out heating, improved fan system efficiency 

10 (including reductions in static pressure), 

11 advanced unloading mechanisms for me12 chanical cooling (such as multiple or vari13 able speed compressors), on-site generation 

14 of electricity (including combined heat and 

15 power systems, fuel cells, and renewable 

16 energy generation such as solar energy), 

17 and wiring with lower energy losses than 

18 wiring satisfying Standard 90.1–2001 re19 quirements for building power distribution 

20 systems.’’. 

21 (B) REQUIREMENTS FOR COMPUTER SOFT22 WARE USED IN CALCULATING ENERGY AND

23 POWER CONSUMPTION COSTS.—Paragraph 

24 (3)(B) of section 179D(d) is amended by strik25 ing ‘‘and’’ at the end of clause (ii), by striking 


sroberts on PROD1PC70 with BILLS
76 

•HR 1945 IH

1 the period at the end of clause (iii) and insert2 ing ‘‘, and’’, and by adding at the end the fol3 lowing: 

4 ‘‘(iv) which automatically— 

5 ‘‘(I) generates the features, en6 ergy use, and energy and power con7 sumption costs of a reference building 

8 which meets Standard 90.1–2001, 

9 ‘‘(II) generates the features, en10 ergy use, and energy and power con11 sumption costs of a compliant build12 ing or system which reduces the an13 nual energy and power costs by 50 

14 percent compared to Standard 90.1– 

15 2001, and 

16 ‘‘(III) compares such features, 

17 energy use, and consumption costs to 

18 the features, energy use, and con19 sumption costs of the building or sys20 tem with respect to which the calcula21 tion is being made.’’. 

22 (2) TARGETS FOR PARTIAL ALLOWANCE OF

23 CREDIT.—Paragraph (1)(B) of section 179D(d) is 

24 amended— 


sroberts on PROD1PC70 with BILLS
77 

•HR 1945 IH

1 (A) by striking ‘‘The Secretary’’ and in2 serting the following: 

3 ‘‘(i) IN GENERAL.—The Secretary’’, 

4 and 

5 (B) by adding at the end the following: 

6 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

7 For purposes of clause (i)— 

8 ‘‘(I) the Secretary shall deter9 mine prescriptive criteria that can be 

10 modeled explicitly for reference build11 ings which meet the requirements of 

12 subsection (c)(1)(D) for different 

13 building types and regions, 

14 ‘‘(II) a system may be certified 

15 as meeting the target under subpara16 graph (A)(ii) if the appropriate ref17 erence building either meets the re18 quirements of subsection (c)(1)(D) 

19 with such system rather than the 

20 comparable reference system (using 

21 the calculation under paragraph (2)) 

22 or meets the relevant prescriptive cri23 teria under subclause (I), and 

24 ‘‘(III) the lighting system target 

25 shall be based on lighting power denVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
78 

•HR 1945 IH

1 sity, except that it shall allow lighting 

2 controls credits that trade off for 

3 lighting power density savings based 

4 on Section 3.2.2 of the 2005 Cali5 fornia Nonresidential Alternative Cal6 culation Method Approval Manual. 

7 ‘‘(iii) PUBLICATION.—The Secretary 

8 shall publish in the Federal Register the 

9 bases for the target levels established in 

10 the regulations under clause (i).’’. 

11 (d) ALTERNATIVE STANDARDS.—Section 179D(d) is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(7) ALTERNATIVE STANDARDS PENDING

15 FINAL REGULATIONS.—Until such time as the Sec16 retary issues final regulations under paragraph 

17 (1)(B)— 

18 ‘‘(A) in the case of property which is part 

19 of a building envelope, the building envelope 

20 system target under paragraph (1)(A)(ii) shall 

21 be a 7 percent reduction in total annual energy 

22 and power costs (determined in the same man23 ner as under subsection (c)(1)(D)), and 

24 ‘‘(B) in the case of property which is part 

25 of the heating, cooling, ventilation, and hot 


sroberts on PROD1PC70 with BILLS
79 

•HR 1945 IH

1 water systems, the heating, cooling, ventilation, 

2 and hot water system shall be treated as meet3 ing the target under paragraph (1)(A)(ii) if it 

4 would meet the requirement in subsection 

5 (c)(1)(D) if combined with a building envelope 

6 system and lighting system which met their re7 spective targets under paragraph(1)(A)(ii) (in8 cluding interim targets in effect under sub9 sections (f) and subparagraph (A)).’’. 

10 (e) MODIFICATIONS TO LIGHTING STANDARDS.— 

11 (1) STANDARDS TO BE ALTERNATE STAND12 ARDS.—Subsection (f) of section 179D is amended 

13 by— 

14 (A) striking ‘‘INTERIM’’ in the heading and 

15 inserting ‘‘ALTERNATIVE’’, and 

16 (B) inserting ‘‘, or, if the taxpayer elects, 

17 in lieu of the target set forth in such final regu18 lations’’ after ‘‘lighting system’’ at the end of 

19 the matter preceding paragraph (1). 

20 (2) QUALIFIED INDIVIDUALS.—Section 

21 179D(d)(6)(C) is amended by adding at the end the 

22 following: ‘‘For purposes of certification of whether 

23 the alternative target for lighting systems under 

24 subsection (f) is met, individuals qualified to deter25 mine compliance shall include individuals who are 


sroberts on PROD1PC70 with BILLS
80 

•HR 1945 IH

1 certified as Lighting Certified (LC) by the National 

2 Council on Qualifications for the Lighting Profes3 sions, Certified Energy Managers (CEM) by the As4 sociation of Energy Engineers, and LEED Accred5 ited Professionals (AP) by the U.S. Green Buildings 

6 Council.’’. 

7 (3) REQUIREMENT FOR BILEVEL SWITCHING.— 

8 Section 179D(f)(2) is amended by adding at the end 

9 the following new subparagraph: 

10 ‘‘(3) APPLICATION OF SUBSECTION TO BILEVEL

11 SWITCHING.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (2)(C)(i), this subsection shall apply to a 

14 system which does not include provisions for 

15 bilevel switching if the reduction in lighting 

16 power density is at least 37.5 percent of the 

17 minimum requirements in Table 9.3.1.1 or 

18 Table 9.3.1.2 (not including additional interior 

19 lighting allowances) of Standard 90.1–2001. 

20 ‘‘(B) REDUCTION IN DEDUCTION.—In the 

21 case of a system to which this subsection ap22 plies by reason of subparagraph (A), paragraph 

23 (2) shall be applied— 


sroberts on PROD1PC70 with BILLS
81 

•HR 1945 IH

1 ‘‘(i) by substituting ‘50 percent’ for 

2 ‘40 percent’ in subparagraph (A) thereof, 

3 and 

4 ‘‘(ii) in subparagraph (B)(ii) there5 of— 

6 ‘‘(I) by substituting ‘37.5 per7 centage points’ for ‘25 percentage 

8 points’, and 

9 ‘‘(II) by substituting ‘12.5’ for 

10 ‘15’.’’. 

11 (f) PUBLIC PROPERTY.—Paragraph (4) of section 

12 179(d) is amended by striking ‘‘the Secretary shall pro13 mulgate a regulation to allow the allocation of the deduc14 tion’’ and inserting ‘‘the deduction under this section shall 

15 be allowed’’. 

16 (g) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to property placed in service in 

18 taxable years beginning after the date of the enactment 

19 of this Act. 

20 SEC. 215. DEDUCTION FOR ENERGY EFFICIENT LOW-RISE 

21 BUILDINGS. 

22 (a) IN GENERAL.—Part VI of subchapter B of chap23 ter 1, as amended by section 404 of division A of the Tax 

24 Relief and Health Care Act of 2006, is amended by insert25 ing after section 179E the following new section: 


sroberts on PROD1PC70 with BILLS
82 

•HR 1945 IH

1 ‘‘SEC. 179F. ENERGY EFFICIENT LOW-RISE BUILDINGS DE2 DUCTION. 

3 ‘‘(a) IN GENERAL.—There shall be allowed as a de4 duction an amount equal to the amount of qualified energy 

5 efficiency expenditures paid or incurred by the taxpayer 

6 during the taxable year. 

7 ‘‘(b) LIMITATIONS.— 

8 ‘‘(1) IN GENERAL.—The amount allowed as a 

9 credit under subsection (a) with respect to any 

10 dwelling unit shall not exceed the product of— 

11 ‘‘(A) the qualified energy savings achieved, 

12 and 

13 ‘‘(B) $12,000. 

14 ‘‘(2) MINIMUM AMOUNT OF QUALIFIED ENERGY

15 SAVINGS.—No credit shall be allowed under sub16 section (a) with respect to any dwelling unit in a 

17 qualified low-rise building which achieves a qualified 

18 energy savings of less than 20 percent. 

19 ‘‘(c) QUALIFIED ENERGY EFFICIENCY EXPENDI20 TURES.—For purposes of this section— 

21 ‘‘(1) IN GENERAL.—The term ‘qualified energy 

22 efficiency expenditures’ means any amount paid or 

23 incurred which is related to producing qualified en24 ergy savings in any dwelling unit located in a quali25 fied low-rise building of the taxpayer which is lo26 cated in the United States. 


sroberts on PROD1PC70 with BILLS
83 

•HR 1945 IH

1 ‘‘(2) NO DOUBLE BENEFIT FOR CERTAIN EX2 PENDITURES.—The term ‘qualified energy efficiency 

3 expenditures’ shall not include any expenditure for 

4 any property for which a deduction has been allowed 

5 to the taxpayer under section 179G. 

6 ‘‘(3) QUALIFIED LOW-RISE BUILDING.—The 

7 term ‘qualified low-rise building’ means a building— 

8 ‘‘(A) with respect to which depreciation is 

9 allowable under section 167, 

10 ‘‘(B) which is used for multifamily hous11 ing, and 

12 ‘‘(C) which is not within the scope of 

13 Standard 90.1–2001 (as defined under section 

14 179D(c)(2)). 

15 ‘‘(d) QUALIFIED ENERGY SAVINGS.—For purposes of 

16 this section— 

17 ‘‘(1) IN GENERAL.—The term ‘qualified energy 

18 savings’ means, with respect to any dwelling unit in 

19 a qualified low-rise building, the amount (measured 

20 as a percentage) by which— 

21 ‘‘(A) the annual energy use with respect to 

22 such dwelling unit after qualified energy effi23 ciency expenditures are made, as certified under 

24 paragraph (2), is less than 


sroberts on PROD1PC70 with BILLS
84 

•HR 1945 IH

1 ‘‘(B) the annual energy use with respect to 

2 such dwelling unit before the qualified energy 

3 efficiency expenditures were made, as certified 

4 under paragraph (2). 

5 In determining annual energy use under subpara6 graph (B), any energy efficiency improvements 

7 which are not attributable to qualified energy effi8 ciency expenditures shall be disregarded. 

9 ‘‘(2) CERTIFICATION.— 

10 ‘‘(A) IN GENERAL.—The Secretary, in con11 sultation with the Secretary of Energy, shall 

12 prescribe the procedures and method for the 

13 making of certifications under this paragraph 

14 based on the Residential Energy Services Net15 work (RESNET) Technical Guidelines in effect 

16 on the date of the enactment of this Act. 

17 ‘‘(B) QUALIFIED INDIVIDUALS.—Any cer18 tification made under this paragraph may only 

19 be made by an individual who is recognized by 

20 an organization certified by the Secretary for 

21 such purposes. 

22 ‘‘(e) SPECIAL RULES.—For purposes of this section, 

23 rules similar to the rules under paragraphs (8) and (9) 

24 of section 25D(e) shall apply. 


sroberts on PROD1PC70 with BILLS
85 

•HR 1945 IH

1 ‘‘(f) BASIS ADJUSTMENTS.—For purposes of this 

2 subtitle, if a credit is allowed under this section with re3 spect to any expenditure with respect to any property, the 

4 increase in the basis of such property which would (but 

5 for this subsection) result from such expenditure shall be 

6 reduced by the amount of the credit so allowed. 

7 ‘‘(g) TERMINATION.—This section shall not apply 

8 with respect to any property placed in service after Decem9 ber 31, 2011.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 263(a)(1), as amended by section 

12 404 of division A of the Tax Relief and Health Care 

13 Act of 2006, the is amended by striking ‘‘or’’ at the 

14 end of subparagraph (K), by striking the period at 

15 the end of subparagraph (L) and inserting ‘‘, or’’, 

16 and by inserting after subparagraph (L) the fol17 lowing new subparagraph: 

18 ‘‘(M) expenditures for which a deduction is 

19 allowed under section 179F.’’. 

20 (2) Section 312(k)(3)(B) is amended by strik21 ing ‘‘179, 179A, 179B, 179C, 179D, or 179E’’ each 

22 place it appears in the heading and text and insert23 ing ‘‘179, 179A, 179B, 179C, 179D, 179E, or 

24 179F’’. 


sroberts on PROD1PC70 with BILLS
86 

•HR 1945 IH

1 (3) Section 1016(a), as amended by section 

2 101, is amended by striking ‘‘and’’ at the end of 

3 paragraph (37), by striking the period at the end of 

4 paragraph (38) and inserting ‘‘, and’’, and by add5 ing at the end the following new paragraph: 

6 ‘‘(39) to the extent provided in section 

7 179F(f).’’. 

8 (4) Section 1245(a) is amended by inserting 

9 ‘‘179F,’’ after ‘‘179E,’’ both places it appears in 

10 paragraphs (2)(C) and (3)(C). 

11 (5) The table of sections for part VI of sub12 chapter B is amended by inserting after the item re13 lating to section 179E the following new item: 

‘‘Sec. 179F. Energy efficient low-rise buildings deduction.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to amounts paid or incurred in tax16 able years beginning after the date of the enactment of 

17 this Act. 

18 SEC. 216. ENERGY EFFICIENT PROPERTY DEDUCTION. 

19 (a) IN GENERAL.—Part VI of subchapter B of chap20 ter 1, as amended by section 203, is amended by inserting 

21 after section 179F the following new section: 

22 ‘‘SEC. 179G. ENERGY EFFICIENT PROPERTY. 

23 ‘‘(a) IN GENERAL.—There shall be allowed as a de24 duction an amount equal to the energy efficient property 


sroberts on PROD1PC70 with BILLS
87 

•HR 1945 IH

1 expenditures paid or incurred by the taxpayer during the 

2 taxable year. 

3 ‘‘(b) LIMITATION.—The amount of the deduction al4 lowed under subsection (a) for any taxable years shall not 

5 exceed— 

6 ‘‘(1) $150 for any advanced main air circu7 lating fan, 

8 ‘‘(2) $450 for any qualified natural gas furnace 

9 or qualified propane furnace, and 

10 ‘‘(3) $900 for— 

11 ‘‘(A) any item of energy-efficient building 

12 property, and 

13 ‘‘(B) any qualified oil furnace, qualified 

14 natural gas hot water boiler, qualified propane 

15 hot water boiler, or qualified oil hot water boil16 er. 

17 ‘‘(c) ENERGY EFFICIENT PROPERTY EXPENDI18 TURES.—For purposes of this section— 

19 ‘‘(1) IN GENERAL.—The term ‘energy efficient 

20 property expenditures’ means expenditures paid by 

21 the taxpayer for qualified energy property which is— 

22 ‘‘(A) of a character subject to the allow23 ance for depreciation, and 

24 ‘‘(B) originally placed in service by the tax25 payer. 


sroberts on PROD1PC70 with BILLS
88 

•HR 1945 IH

1 ‘‘(2) QUALIFIED ENERGY PROPERTY.—The 

2 term ‘qualified energy property’ has the meaning 

3 given such term by section 25C(d)(2). 

4 ‘‘(d) BASIS ADJUSTMENTS.—For purposes of this 

5 subtitle, if a deduction is allowed under this section with 

6 respect to any expenditure with respect to any property, 

7 the increase in the basis of such property which would (but 

8 for this subsection) result from such expenditure shall be 

9 reduced by the amount of the deduction so allowed. 

10 ‘‘(e) TERMINATION.—This section shall not apply 

11 with respect to any property placed in service after Decem12 ber 31, 2011.’’. 

13 (b) NO DOUBLE BENEFIT.—Section 179D(c) is 

14 amended by adding at the end the following new para15 graph: 

16 ‘‘(3) CERTAIN PROPERTY EXCLUDED.—The 

17 term ‘energy efficient commercial building property’ 

18 does not include any property with respect to which 

19 a credit has been allowed to the taxpayer under sec20 tion 179G.’’. 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) Section 263(a)(1), as amended by section 

23 203, is amended by striking ‘‘or’’ at the end of sub24 paragraph (K), by striking the period at the end of 

25 subparagraph (L) and inserting ‘‘, or’’, and by inVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
89 

•HR 1945 IH

1 serting after subparagraph (L) the following new 

2 subparagraph: 

3 ‘‘(M) expenditures for which a deduction is 

4 allowed under section 179G.’’. 

5 (2) Section 312(k)(3)(B), as amended by sec6 tion 203, is amended by striking ‘‘179, 179A, 179B, 

7 179C, 179D, 179E, or 179F’’ each place it appears 

8 in the heading and text and inserting ‘‘179, 179A, 

9 179B, 179C, 179D, 179E, 179F, or 179G’’. 

10 (3) Section 1016(a), as amended by section 

11 203, is amended by striking ‘‘and’’ at the end of 

12 paragraph (38), by striking the period at the end of 

13 paragraph (39) and inserting ‘‘, and’’, and by add14 ing at the end the following new paragraph: 

15 ‘‘(40) to the extent provided in section 

16 179G(e).’’. 

17 (4) Section 1245(a), as amended by section 203 

18 is amended by inserting ‘‘179G,’’ after ‘‘179F,’’ both 

19 places it appears in paragraphs (2)(C) and (3)(C). 

20 (5) The table of sections for part VI of sub21 chapter B is amended by inserting after the item re22 lating to section 179F the following new item: 

‘‘Sec. 179G. Energy efficient property.’’. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to property placed in service in 


sroberts on PROD1PC70 with BILLS
90 

•HR 1945 IH

1 taxable years beginning after the date of the enactment 

2 of this Act. 

3 SEC. 217. CREDIT FOR ENERGY SAVINGS CERTIFICATIONS. 

4 (a) IN GENERAL.—Subpart D of part IV of sub5 chapter A of chapter 1 is amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 45O. ENERGY SAVINGS CERTIFICATION CREDIT. 

8 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

9 energy savings certification credit determined under this 

10 section for any taxable year is an amount equal to the 

11 sum of— 

12 ‘‘(1) the qualified training and certification 

13 costs paid or incurred by the taxpayer which may be 

14 taken into account for such taxable year, plus 

15 ‘‘(2) the qualified certification equipment ex16 penditures paid or incurred by the taxpayer which 

17 may be taken into account for such taxable year. 

18 ‘‘(b) QUALIFIED TRAINING AND CERTIFICATION

19 COSTS.— 

20 ‘‘(1) IN GENERAL.—The term ‘qualified train21 ing and certification costs’ means costs paid or in22 curred for training which is required for the tax23 payer or employees of the taxpayer to be certified by 

24 the Secretary under section 25D(d)(2)(B) or 


sroberts on PROD1PC70 with BILLS
91 

•HR 1945 IH

1 179F(d)(2)(B) for the purpose of certifying energy 

2 savings. 

3 ‘‘(2) LIMITATION.—The qualified training and 

4 certification costs taken into account under sub5 section (a)(1) for the taxable year with respect to 

6 any individual shall not exceed $500 reduced by the 

7 amount of the credit allowed under subsection (a)(1) 

8 to the taxpayer (or any predecessor) with respect to 

9 such individual for all prior taxable years. 

10 ‘‘(3) YEAR COSTS TAKEN INTO ACCOUNT.— 

11 Qualified training and certifications costs with re12 spect to any individual shall not be taken into ac13 count under subsection (a)(1) before the taxable 

14 year in which the individual with respect to whom 

15 such costs are paid or incurred has performed 25 

16 certifications under sections 25E(d)(2)(A) and 

17 179F(d)(2)(A). 

18 ‘‘(c) QUALIFIED CERTIFICATION EQUIPMENT EX19 PENDITURES.— 

20 ‘‘(1) IN GENERAL.—The term ‘qualified train21 ing equipment expenditures’ means costs paid or in22 curred for— 

23 ‘‘(A) blower doors, 

24 ‘‘(B) duct leakage testing equipment, 

25 ‘‘(C) flue gas combustion equipment, and 


sroberts on PROD1PC70 with BILLS
92 

•HR 1945 IH

1 ‘‘(D) digital manometers. 

2 ‘‘(2) LIMITATION.— 

3 ‘‘(A) IN GENERAL.—The qualified certifi4 cation equipment expenditures taken into ac5 count under subsection (a)(2) with respect to 

6 any taxpayer for any taxable year shall not ex7 ceed $1,000. 

8 ‘‘(B) LIMITATION ON INDIVIDUAL

9 ITEMS.—The qualified certification equipment 

10 expenditures taken into account under sub11 section (a)(2) shall not exceed— 

12 ‘‘(i) $500 with respect to any blower 

13 door or duct leakage testing equipment, 

14 and 

15 ‘‘(ii) $100 with respect to any flue gas 

16 combustion equipment or digital manom17 eter. 

18 ‘‘(3) YEAR EXPENDITURES TAKEN INTO AC19 COUNT.—The qualified certification equipment ex20 penditures of any taxpayer shall not be taken into 

21 account under subsection (a)(2) before the taxable 

22 year in which the taxpayer has performed 25 certifi23 cations under sections 25E(d)(2)(A) and 

24 179F(d)(2)(A). 

25 ‘‘(d) SPECIAL RULES.— 


sroberts on PROD1PC70 with BILLS
93 

•HR 1945 IH

1 ‘‘(1) AGGREGATION RULES.—For purposes of 

2 this section, all persons treated as a single employer 

3 under subsections (a) and (b) of section 52 shall be 

4 treated as 1 person. 

5 ‘‘(2) BASIS REDUCTION.—The basis of any 

6 property shall be reduced by the portion of the cost 

7 of such property taken into account under sub8 section (a). 

9 ‘‘(3) DENIAL OF DOUBLE BENEFIT.— 

10 ‘‘(A) IN GENERAL.—No deduction shall be 

11 allowed for that portion of the expenses other12 wise allowable as a deduction for the taxable 

13 year which is equal to the amount taken into 

14 account under subsection (a) for such taxable 

15 year. 

16 ‘‘(B) AMOUNT PREVIOUSLY DEDUCTED.— 

17 No credit shall be allowed under subsection (a) 

18 with respect to any amount for which a deduc19 tion has been allowed in any preceding taxable 

20 year.’’. 

21 (b) CREDIT TREATED AS PART OF GENERAL BUSI22 NESS CREDIT.—Section 38(b) is amended by striking 

23 ‘‘plus’’ at the end of paragraph (30), by striking the period 

24 at the end of paragraph (31) and inserting ‘‘plus’’, and 

25 by adding at the end the following new paragraph: 


sroberts on PROD1PC70 with BILLS
94 

•HR 1945 IH

1 ‘‘(32) the energy savings certification credit de2 termined under section 45O(a).’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) Section 1016(a), as amended by this Act, is 

5 amended by striking ‘‘and’’ at the end of paragraph 

6 (39), by striking the period at the end of paragraph 

7 (40) and inserting ‘‘and’’, and by adding at the end 

8 the following new paragraph: 

9 ‘‘(41) to the extent provided in section 

10 45O(d)(2).’’. 

11 (2) The table of sections for subpart D of part 

12 IV of subchapter A of chapter 1 is amended by in13 serting after the item relating to section 45N the 

14 following new item: 

‘‘Sec. 45O. Energy savings certification credit.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to amounts paid or incurred after 

17 the date of the enactment of this Act. 

18 TITLE III—SAVE TAX PAYERS 

19 MONEY 

20 SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE EN21 ERGY POLICY ACT OF 2005. 

22 (a) REPEALS.—The following provisions of the En23 ergy Policy Act of 2005, and the items relating thereto 

24 in the table of contents of that Act, are repealed: 


sroberts on PROD1PC70 with BILLS
95 

•HR 1945 IH

1 (1) Section 342 (relating to program on oil and 

2 gas royalties in-kind). 

3 (2) Section 343 (relating to marginal property 

4 production incentives). 

5 (3) Section 344 (relating to incentives for nat6 ural gas production from deep wells in the shallow 

7 waters of the Gulf of Mexico). 

8 (4) Section 345 (relating to royalty relief for 

9 deep water production). 

10 (5) Section 357 (relating to comprehensive in11 ventory of OCS oil and natural gas resources). 

12 (6) Subtitle J of title IX (relating to ultra-deep13 water and unconventional natural gas and other pe14 troleum resources). 

15 (b) REPEAL OF ALASKA OFFSHORE ROYALTY SUS16 PENSION.—Section 8(a)(3)(B) of the Outer Continental 

17 Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended 

18 by striking ‘‘and in the Planning Areas offshore Alaska’’. 

19 SEC. 302. REPEAL OF CERTAIN TAX PROVISIONS OF THE 

20 ENERGY POLICY ACT OF 2005. 

21 (a) REPEAL.—The following provisions, and amend22 ments made by such provisions, of the Energy Policy Act 

23 of 2005 are hereby repealed: 

24 (1) Section 1306 (relating to credit for produc25 tion from advanced nuclear power facilities). 


sroberts on PROD1PC70 with BILLS
96 

•HR 1945 IH

1 (2) Section 1307 (relating to credit for invest2 ment in clean coal facilities). 

3 (3) Section 1308 (relating to electric trans4 mission property treated as 15-year property). 

5 (4) Section 1309 (relating to expansion of am6 ortization for certain atmospheric pollution control 

7 facilities). 

8 (5) Section 1310 (relating to modifications to 

9 special rules for nuclear decommissioning costs). 

10 (6) Section 1321 (relating to extension of credit 

11 for producing fuel from nonconventional source 

12 (coke or coke gas). 

13 (7) Section 1323 (relating to temporary expens14 ing for equipment used in refining of liquid fuels). 

15 (8) Section 1325 (relating to natural gas dis16 tribution lines treated as 15-year property). 

17 (9) Section 1326 (relating to natural gas gath18 ering lines treated as 7-year property). 

19 (10) Section 1328 (relating to determination of 

20 small refiner exception to oil depletion deduction). 

21 (11) Section 1329 (relating to amortization of 

22 geological and geophysical expenditures). 

23 (b) ADMINISTRATION OF INTERNAL REVENUE CODE

24 OF 1986.—The Internal Revenue Code of 1986 shall be 


sroberts on PROD1PC70 with BILLS
97 

•HR 1945 IH

1 applied and administered as if the provisions, and amend2 ments, specified in subsection (a) had never been enacted. 

3 TITLE IV—STATE AND LOCAL 

4 AUTHORITY 

5 SEC. 401. STATE CONSUMER PRODUCT ENERGY EFFI6 CIENCY STANDARDS. 

7 Section 327 of the Energy Policy and Conservation 

8 Act (42 U.S.C. 6297) is amended by adding at the end 

9 the following new subsection: 

10 ‘‘(h) LIMITATION ON PREEMPTION.—Subsections (a), 

11 (b), and (c) shall not apply with respect to State regula12 tion of energy consumption or water use of any covered 

13 product during any period of time— 

14 ‘‘(1) after the expiration of 3 years after the re15 quired date of issuance of a final rule determining 

16 whether Federal standards for such consumption or 

17 use will be established or revised, if such rule has 

18 not been issued; and 

19 ‘‘(2) before the date on which such rule is 

20 issued.’’. 

21 SEC. 402. APPEALS FROM CONSISTENCY DETERMINATIONS 

22 UNDER COASTAL ZONE MANAGEMENT ACT 

23 OF 1972. 

24 Section 319 of the Coastal Zone Management Act of 

25 1972 (16 U.S.C. 1465) is amended to read as if section 


sroberts on PROD1PC70 with BILLS
98 

•HR 1945 IH

1 381 of the Energy Policy Act of 2005 (119 Stat. 737) 

2 were not enacted. 

3 SEC. 403. SITING OF INTERSTATE ELECTRIC TRANSMISSION 

4 FACILITIES. 

5 Section 216 of the Federal Power Act (16 U.S.C. 

6 824p) is repealed. 

7 SEC. 404. NEW NATURAL GAS STORAGE FACILITIES. 

8 Subsection (f) of section 4 of the Natural Gas Act 

9 (15 U.S.C. 717c(f)) is repealed. 

10 SEC. 405. PROCESS COORDINATION; HEARINGS; RULES OF 

11 PROCEDURE. 

12 The amendments to the Natural Gas Act made by 

13 section 313 of the Energy Policy Act of 2005 are repealed, 

14 and the Natural Gas Act shall be administered as if those 

15 amendments were never enacted. 

16 SEC. 406. REPEAL OF PREEMPTION OF STATE LAW RELAT17 ING TO AUTOMOBILE FUEL ECONOMY STAND18 ARDS. 

19 Section 32919 of title 49, United States Code, is re20 pealed. 

21 TITLE V—RENEWABLE ENERGY 

22 RESEARCH AND DEVELOPMENT 

23 SEC. 501. ADVANCED BIOFUEL TECHNOLOGIES. 

24 (a) IN GENERAL.—The Secretary of Energy shall 

25 carry out a program of research, development, demonstraVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
99 

•HR 1945 IH

1 tion, and commercial application for production of motor 

2 and other fuels from biomass. 

3 (b) OBJECTIVES.—The Secretary shall design the 

4 program under this section to— 

5 (1) develop technologies that would make eth6 anol produced from cellulosic feedstocks cost com7 petitive with ethanol produced from corn by 2012; 

8 (2) conduct research and development on how 

9 to apply advanced genetic engineering and bio10 engineering techniques to increase the efficiency and 

11 lower the cost of industrial-scale production of liquid 

12 fuels from cellulosic feedstocks; and 

13 (3) conduct research and development on the 

14 production of hydrocarbons other than ethanol from 

15 biomass. 

16 (c) INSTITUTION OF HIGHER EDUCATION GRANTS.— 

17 The Secretary shall designate not less than 10 percent of 

18 the funds appropriated under subsection (d) for each fiscal 

19 year to carry out the program for grants to competitively 

20 selected institutions of higher education around the coun21 try focused on meeting the objectives stated in subsection 

22 (b). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

24 amounts authorized to be appropriated under section 

25 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 


sroberts on PROD1PC70 with BILLS
100 

•HR 1945 IH

1 16231(c)), there are authorized to be appropriated to the 

2 Secretary to carry out this section— 

3 (1) $150,000,000 for fiscal year 2008; 

4 (2) $160,000,000 for fiscal year 2009; and 

5 (3) $175,000,000 for fiscal year 2010. 

6 SEC. 502. ADVANCED HYDROGEN STORAGE TECH7 NOLOGIES. 

8 (a) IN GENERAL.—The Secretary of Energy shall 

9 carry out a program of research, development, demonstra10 tion, and commercial application for technologies to enable 

11 practical onboard storage of hydrogen for use as a fuel 

12 for light-duty motor vehicles. 

13 (b) OBJECTIVE.—The Secretary shall design the pro14 gram under this section to develop practical hydrogen 

15 storage technologies that would enable a hydrogen-fueled 

16 light-duty motor vehicle to travel 300 miles before refuel17 ing. 

18 SEC. 503. ADVANCED SOLAR PHOTOVOLTAIC TECH19 NOLOGIES. 

20 (a) IN GENERAL.—The Secretary of Energy shall 

21 carry out a program of research, development, demonstra22 tion, and commercial application for advanced solar photo23 voltaic technologies. 


sroberts on PROD1PC70 with BILLS
101 

•HR 1945 IH

1 (b) OBJECTIVES.—The Secretary shall design the 

2 program under this section to develop technologies that 

3 would— 

4 (1) make electricity generated by solar photo5 voltaic power cost-competitive by 2015; and 

6 (2) enable the widespread use of solar photo7 voltaic power. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary to carry 

10 out this section— 

11 (1) $148,000,000 for fiscal year 2008; 

12 (2) $155,000,000 for fiscal year 2009; 

13 (3) $165,000,000 for fiscal year 2010; and 

14 (4) $180,000,000 for fiscal year 2012. 

15 SEC. 504. ADVANCED WIND ENERGY TECHNOLOGIES. 

16 (a) IN GENERAL.—The Secretary of Energy shall 

17 carry out a program of research, development, demonstra18 tion, and commercial application for advanced wind energy 

19 technologies. 

20 (b) OBJECTIVES.—The Secretary shall design the 

21 program under this section to— 

22 (1) improve the efficiency and lower the cost of 

23 wind turbines; 

24 (2) minimize adverse environmental impacts; 

25 and 


sroberts on PROD1PC70 with BILLS
102 

•HR 1945 IH

1 (3) develop new small-scale wind energy tech2 nologies for use in low wind speed environments. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out this section— 

6 (1) $44,000,000 for fiscal year 2008; 

7 (2) $48,400,000 for fiscal year 2009; 

8 (3) $53,240,000 for fiscal year 2010; and 

9 (4) $58,564,000 for fiscal year 2011. 

10 SEC. 505. CONTINUING PROGRAMS. 

11 The Secretary of Energy shall continue to carry out 

12 the research, development, demonstration, and commercial 

13 application activities authorized in sections 921(b)(1) (for 

14 distributed energy), 923 (for micro-cogeneration tech15 nology), and 931(a)(2)(C), (D), and (E)(i) (for geothermal 

16 energy, hydropower, and ocean energy) of the Energy Pol17 icy Act of 2005. 

18 SEC. 506. PLUG-IN HYBRID ELECTRIC VEHICLE TECH19 NOLOGY PROGRAM. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Plug-In Hybrid Electric Vehicle Act of 2007’’. 

22 (b) DEFINITIONS.—In this section: 

23 (1) BATTERY.—The term ‘‘battery’’ means a 

24 device or system for the electrochemical storage of 

25 energy. 


sroberts on PROD1PC70 with BILLS
103 

•HR 1945 IH

1 (2) E85.—The term ‘‘E85’’ means a fuel blend 

2 containing 85 percent ethanol and 15 percent gaso3 line by volume. 

4 (3) ELECTRIC DRIVE TRANSPORTATION TECH5 NOLOGY.—The term ‘‘electric drive transportation 

6 technology’’ means— 

7 (A) vehicles that use an electric motor for 

8 all or part of their motive power and that may 

9 or may not use offboard electricity, including 

10 battery electric vehicles, hybrid electric vehicles, 

11 plug-in hybrid electric vehicles, flexible fuel 

12 plug-in hybrid electric vehicles, and electric rail; 

13 and 

14 (B) related equipment, including electric 

15 equipment necessary to recharge a plug-in hy16 brid electric vehicle. 

17 (4) FLEXIBLE FUEL PLUG-IN HYBRID ELEC18 TRIC VEHICLE.—The term ‘‘flexible fuel plug-in hy19 brid electric vehicle’’ means a plug-in hybrid electric 

20 vehicle warranted by its manufacturer as capable of 

21 operating on any combination of gasoline or E85 for 

22 its onboard internal combustion or heat engine. 

23 (5) HYBRID ELECTRIC VEHICLE.—The term 

24 ‘‘hybrid electric vehicle’’ means a vehicle that— 


sroberts on PROD1PC70 with BILLS
104 

•HR 1945 IH

1 (A) can be propelled using liquid combus2 tible fuel and electric power provided by an on3 board battery; and 

4 (B) utilizes regenerative power capture 

5 technology to recover energy expended in brak6 ing the vehicle for use in recharging the bat7 tery. 

8 (6) PLUG-IN HYBRID ELECTRIC VEHICLE.—The 

9 term ‘‘plug-in hybrid electric vehicle’’ means a hy10 brid electric onroad light-duty vehicle that can be 

11 propelled solely on electric power for a minimum of 

12 20 miles under city driving conditions, and that is 

13 capable of recharging its battery from an offboard 

14 electricity source. 

15 (c) PROGRAM.—The Secretary of Energy shall con16 duct a program of research, development, demonstration, 

17 and commercial application on technologies needed for the 

18 development of plug-in hybrid electric vehicles and electric 

19 drive transportation, including— 

20 (1) high capacity, high efficiency batteries, to— 

21 (A) improve battery life, energy storage ca22 pacity, and power delivery capacity, and lower 

23 cost; and 

24 (B) minimize waste and hazardous mate25 rial production in the entire value chain, includVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
105 

•HR 1945 IH

1 ing after the end of the useful life of the bat2 teries; 

3 (2) high efficiency onboard and offboard charg4 ing components; 

5 (3) high power drive train systems for pas6 senger and commercial vehicles and for supporting 

7 equipment; 

8 (4) onboard energy management systems, power 

9 trains, and systems integration for plug-in hybrid 

10 electric vehicles, flexible fuel plug-in hybrid electric 

11 vehicles, and hybrid electric vehicles, including effi12 cient cooling systems and systems that minimize the 

13 emissions profile of such vehicles; and 

14 (5) lightweight materials, including research, 

15 development, demonstration, and commercial appli16 cation to reduce the cost of materials such as steel 

17 alloys and carbon fibers. 

18 (d) PLUG-IN HYBRID ELECTRIC VEHICLE DEM19 ONSTRATION PROGRAM.— 

20 (1) ESTABLISHMENT.—The Secretary shall es21 tablish a competitive grant pilot demonstration pro22 gram to provide not more than 25 grants annually 

23 to State governments, local governments and public 

24 entities, metropolitan transportation authorities, or 

25 combinations thereof to carry out a project or 


sroberts on PROD1PC70 with BILLS
106 

•HR 1945 IH

1 projects for demonstration of plug-in hybrid electric 

2 vehicles. 

3 (2) APPLICATIONS.— 

4 (A) REQUIREMENTS.—The Secretary shall 

5 issue requirements for applying for grants 

6 under the demonstration pilot program. The 

7 Secretary shall require that applications, at a 

8 minimum, include a description of how data will 

9 be— 

10 (i) collected on the— 

11 (I) performance of the vehicle or 

12 vehicles and the components, includ13 ing the battery, energy management, 

14 and charging systems, under various 

15 driving speeds, trip ranges, traffic, 

16 and other driving conditions; 

17 (II) costs of the vehicle or vehi18 cles, including acquisition, operating, 

19 and maintenance costs, and how the 

20 project or projects will be self-sus21 taining after Federal assistance is 

22 completed; and 

23 (III) emissions of the vehicle or 

24 vehicles, including greenhouse gases, 

25 and the amount of petroleum disVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
107 

•HR 1945 IH

1 placed as a result of the project or 

2 projects; and 

3 (ii) summarized for dissemination to 

4 the Department, other grantees, and the 

5 public. 

6 (B) PARTNERS.—An applicant under sub7 paragraph (A) may carry out a project or 

8 projects under the pilot program in partnership 

9 with one or more private or nonprofit entities, 

10 which may include institutions of higher edu11 cation, including Historically Black Colleges 

12 and Universities, Hispanic Serving Institutions, 

13 and other minority-serving institutions. 

14 (3) SELECTION CRITERIA.— 

15 (A) PREFERENCE.—When making awards 

16 under this subsection, the Secretary shall con17 sider each applicant’s previous experience in18 volving plug-in hybrid electric vehicles and shall 

19 give preference to proposals that— 

20 (i) provide the greatest demonstration 

21 per award dollar, with preference increas22 ing as the number of miles that a plug-in 

23 hybrid electric vehicle can be propelled 

24 solely on electric power under city driving 

25 conditions increases; and 


sroberts on PROD1PC70 with BILLS
108 

•HR 1945 IH

1 (ii) maximize the non-Federal share of 

2 project funding and demonstrate the great3 est likelihood that each project proposed in 

4 the application will be maintained or ex5 panded after Federal assistance under this 

6 subsection is completed. 

7 (B) BREADTH OF DEMONSTRATIONS.—In 

8 awarding grants under this subsection, the Sec9 retary shall ensure the program will dem10 onstrate plug-in hybrid electric vehicles under 

11 various circumstances, including— 

12 (i) driving speeds; 

13 (ii) trip ranges; 

14 (iii) driving conditions; 

15 (iv) climate conditions; and 

16 (v) topography, 

17 to optimize understanding and function of plug18 in hybrid electric vehicles. 

19 (4) PILOT PROJECT REQUIREMENTS.— 

20 (A) SUBSEQUENT FUNDING.—An applicant 

21 that has received a grant in one year may apply 

22 for additional funds in subsequent years, but 

23 the Secretary shall not provide more than 

24 $10,000,000 in Federal assistance under the 

25 pilot program to any applicant for the period 


sroberts on PROD1PC70 with BILLS
109 

•HR 1945 IH

1 encompassing fiscal years 2008 through fiscal 

2 year 2012. 

3 (B) INFORMATION.—The Secretary shall 

4 establish mechanisms to ensure that the infor5 mation and knowledge gained by participants in 

6 the pilot program are shared among the pilot 

7 program participants and are available to other 

8 interested parties, including other applicants. 

9 (5) AWARD AMOUNTS.—The Secretary shall de10 termine grant amounts, but the maximum size of 

11 grants shall decline as the cost of producing plug-in 

12 hybrid electric vehicles declines or the cost of con13 verting a hybrid electric vehicle to a plug-in hybrid 

14 electric vehicle declines. 

15 (e) COST SHARING.—The Secretary shall carry out 

16 the program under this section in compliance with section 

17 988(a) through (d) and section 989 of the Energy Policy 

18 Act of 2005 (42 U.S.C. 16352(a) through (d) and 16353). 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary— 

21 (1) for carrying out subsection (c), 

22 $250,000,000 for each of fiscal years 2008 through 

23 2012, of which up to $50,000,000 may be used for 

24 the program described in paragraph (5) of that sub25 section; and 


sroberts on PROD1PC70 with BILLS
110 

•HR 1945 IH

1 (2) for carrying out subsection (d), 

2 $50,000,000 for each of fiscal years 2008 through 

3 2012. 

4 SEC. 507. PHOTOVOLTAIC DEMONSTRATION PROGRAM. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Solar Utilization Now Demonstration Act of 2007’’ or 

7 the ‘‘SUN Act of 2007’’. 

8 (b) IN GENERAL.—The Secretary of Energy shall es9 tablish a program of grants to States to demonstrate ad10 vanced photovoltaic technology. 

11 (c) REQUIREMENTS.— 

12 (1) ABILITY TO MEET REQUIREMENTS.—To re13 ceive funding under the program under this section, 

14 a State must submit a proposal that demonstrates, 

15 to the satisfaction of the Secretary, that the State 

16 will meet the requirements of subsection (g). 

17 (2) COMPLIANCE WITH REQUIREMENTS.—If a 

18 State has received funding under this section for the 

19 preceding year, the State must demonstrate, to the 

20 satisfaction of the Secretary, that it complied with 

21 the requirements of subsection (g) in carrying out 

22 the program during that preceding year, and that it 

23 will do so in the future, before it can receive further 

24 funding under this section. 


sroberts on PROD1PC70 with BILLS
111 

•HR 1945 IH

1 (3) FUNDING ALLOCATION.—Except as pro2 vided in subsection (d), each State submitting a pro3 posal that meets the requirements under subsection 

4 (c) shall receive funding under the program based on 

5 the proportion of United States population in the 

6 State according to the 2000 census. In each fiscal 

7 year, the portion of funds attributable under this 

8 paragraph to States that have not submitted pro9 posals that meet the requirements under subsection 

10 (c) in the time and manner specified by the Sec11 retary shall be distributed pro rata to the States 

12 that have submitted proposals that meet the require13 ments under subsection (c) in the specified time and 

14 manner. 

15 (d) COMPETITION.—If more than $80,000,000 is 

16 available for the program under this section for any fiscal 

17 year, the Secretary shall allocate 75 percent of the total 

18 amount of funds available according to subsection (c)(3), 

19 and shall award the remaining 25 percent on a competitive 

20 basis to the States with the proposals the Secretary con21 siders most likely to encourage the widespread adoption 

22 of photovoltaic technologies. In awarding funds under this 

23 subsection, the Secretary may give preference to proposals 

24 that would demonstrate the use of newer materials or 

25 technologies. 


sroberts on PROD1PC70 with BILLS
112 

•HR 1945 IH

1 (e) PROPOSALS.—Not later than 6 months after the 

2 date of enactment of this Act, and in each subsequent fis3 cal year for the life of the program, the Secretary shall 

4 solicit proposals from the States to participate in the pro5 gram under this section. 

6 (f) COMPETITIVE CRITERIA.—In awarding funds in 

7 a competitive allocation under subsection (d), the Sec8 retary shall consider— 

9 (1) the likelihood of a proposal to encourage the 

10 demonstration of, or lower the costs of, advanced 

11 photovoltaic technologies; and 

12 (2) the extent to which a proposal is likely to— 

13 (A) maximize the size of photovoltaic in14 stallation, based on rated capacity; 

15 (B) maximize the proportion of non-Fed16 eral cost share; and 

17 (C) limit State administrative costs. 

18 (g) STATE PROGRAM.—A program operated by a 

19 State with funding under this section shall provide com20 petitive awards for the demonstration of advanced photo21 voltaic technologies. Each State program shall— 

22 (1) require a contribution of at least 60 percent 

23 per award from non-Federal sources, which may in24 clude any combination of State, local, and private 


sroberts on PROD1PC70 with BILLS
113 

•HR 1945 IH

1 funds, except that at least 10 percent of the funding 

2 must be supplied by the State; 

3 (2) limit awards for any single project to a 

4 maximum of $5,000,000; 

5 (3) prohibit any nongovernmental recipient 

6 from receiving more than $1,000,000 per year; 

7 (4) endeavor to fund recipients in the commer8 cial, industrial, institutional, governmental, and resi9 dential sectors; 

10 (5) limit State administrative costs to no more 

11 than 10 percent of the grant; 

12 (6) report annually to the Secretary on— 

13 (A) the amount of funds disbursed; 

14 (B) the rated capacity of the photovoltaics 

15 purchased and installed; and 

16 (C) the results of the monitoring under 

17 paragraph (7); 

18 (7) provide for measurement and verification of 

19 the output of a representative sample of the 

20 photovoltaics systems demonstrated throughout the 

21 average working life of the systems, or at least 20 

22 years; 

23 (8) require that applicant buildings must have 

24 received an independent energy efficiency audit durVerDate Aug 31 2005 18:51 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1945.IH H1945

sroberts on PROD1PC70 with BILLS
114 

•HR 1945 IH

1 ing the 6-month period preceding the filing of the 

2 application; and 

3 (9) encourage Historically Black Colleges and 

4 Universities, Hispanic Serving Institutions, and 

5 other minority-serving institutions to apply for 

6 grants under this program. 

7 (h) UNEXPENDED FUNDS.—If a State fails to expend 

8 any funds received under subsection (c) or (d) within 3 

9 years of receipt, such remaining funds shall be returned 

10 to the Treasury. 

11 (i) REPORTS.—The Secretary shall report to Con12 gress 5 years after funds are first distributed to the States 

13 under this section— 

14 (1) the amount of photovoltaics demonstrated; 

15 (2) the number of projects undertaken; 

16 (3) the administrative costs of the program; 

17 (4) the amount of funds that each State has 

18 not received because of a failure to submit a quali19 fying proposal, as described in subsection (c)(3); 

20 (5) the results of the monitoring under sub21 section (g)(7); and 

22 (6) the total amount of funds distributed, in23 cluding a breakdown by State. 


sroberts on PROD1PC70 with BILLS
115 

•HR 1945 IH

1 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary for the 

3 purposes of carrying out this section— 

4 (1) $50,000,000 for fiscal year 2008; 

5 (2) $100,000,000 for fiscal year 2009; 

6 (3) $150,000,000 for fiscal year 2010; 

7 (4) $200,000,000 for fiscal year 2011; and 

8 (5) $300,000,000 for fiscal year 2012. 

Æ 


sroberts on PROD1PC70 with BILLS