I 

110TH CONGRESS 

1ST SESSION H. R. 2556 

To enhance the energy security of the United States by promoting biofuels, 

energy efficiency, and carbon capture and storage, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2007 

Mrs. WILSON of New Mexico introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committees on Science and Technology, Transportation and Infrastructure, 

Oversight and Government Reform, and Financial Services, 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 enhance the energy security of the United States by 

promoting biofuels, energy efficiency, and carbon capture 

and storage, and for other purposes. 

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 Savings Act of 2007’’. 

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

7 this Act is as follows: 

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Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—BIOFUELS FOR ENERGY SECURITY AND 

TRANSPORTATION 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Subtitle A—Renewable Fuel Standard 

Sec. 111. Renewable fuel standard. 

Sec. 112. Production of renewable fuel using renewable energy. 

Subtitle B—Renewable Fuels Infrastructure 

Sec. 121. Infrastructure pilot program for renewable fuels. 

Sec. 122. Bioenergy research and development. 

Sec. 123. Bioresearch centers for systems biology program. 

Sec. 124. Loan guarantees for renewable fuel facilities. 

Sec. 125. Grants for renewable fuel production research and development in 

certain States. 

Sec. 126. Grants for infrastructure for transportation of biomass to local biorefineries. 

Sec. 127. Biorefinery information center. 

Sec. 128. Alternative fuel database and materials. 

Sec. 129. Fuel tank cap labeling requirement. 

Sec. 130. Biodiesel. 

Subtitle C—Studies 

Sec. 141. Study of advanced biofuels technologies. 

Sec. 142. Study of increased consumption of ethanol-blended gasoline with 

higher levels of ethanol. 

Sec. 143. Pipeline feasibility study. 

Sec. 144. Study of optimization of flexible fueled vehicles to use E–85 fuel. 

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

Sec. 146. Study of engine durability associated with the use of biodiesel. 

Sec. 147. Study of incentives for renewable fuels. 

Sec. 148. Study of streamlined lifecycle analysis tools for the evaluation of renewable carbon content of biofuels. 

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

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

TITLE II—ENERGY EFFICIENCY PROMOTION 

Sec. 201. Short title. 

Subtitle A—Promoting Advanced Lighting Technologies 

Sec. 211. Accelerated procurement of energy efficient lighting. 

Sec. 212. Incandescent reflector lamp efficiency standards. 

Sec. 213. Bright Tomorrow Lighting Prizes. 

Sec. 214. Renewable energy construction grants. 

Subtitle B—Expediting New Energy Efficiency Standards 

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Sec. 221. Definition of energy conservation standard. 

Sec. 222. Regional efficiency standards for heating and cooling products. 

Sec. 223. Furnace fan rulemaking. 

Sec. 224. Expedited rulemakings. 

Sec. 225. Periodic reviews. 

Sec. 226. Energy efficiency labeling for consumer products. 

Sec. 227. Residential boiler efficiency standards. 

Sec. 228. Technical corrections. 

Sec. 229. Electric motor efficiency standards. 

Sec. 230. Energy standards for home appliances. 

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

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

Sec. 233. Industrial efficiency program. 

Subtitle C—Promoting High Efficiency Vehicles, Advanced Batteries, and 

Energy Storage 

Sec. 241. Lightweight materials research and development. 

Sec. 242. Loan guarantees for fuel-efficient automobile parts manufacturers. 

Sec. 243. Advanced technology vehicles manufacturing incentive program. 

Sec. 244. Energy storage competitiveness. 

Sec. 245. Advanced transportation technology program. 

Subtitle D—Setting Energy Efficiency Goals 

Sec. 251. National goals for energy savings in transportation. 

Sec. 252. National energy efficiency improvement goals. 

Sec. 253. National media campaign. 

Sec. 254. Modernization of electricity grid system. 

Subtitle E—Promoting Federal Leadership in Energy Efficiency and 

Renewable Energy 

Sec. 261. Federal fleet conservation requirements. 

Sec. 262. Federal requirement to purchase electricity generated by renewable 

energy. 

Sec. 263. Energy savings performance contracts. 

Sec. 264. Energy management requirements for Federal buildings. 

Sec. 265. Combined heat and power and district energy installations at Federal 

sites. 

Sec. 266. Federal building energy efficiency performance standards. 

Sec. 267. Application of International Energy Conservation Code to public and 

assisted housing. 

Sec. 268. Energy efficient commercial buildings initiative. 

Subtitle F—Assisting State and Local Governments in Energy Efficiency 

Sec. 271. Weatherization assistance for low-income persons. 

Sec. 272. State energy conservation plans. 

Sec. 273. Utility energy efficiency programs. 

Sec. 274. Energy efficiency and demand response program assistance. 

Sec. 275. Energy and environmental block grant. 

Sec. 276. Energy sustainability and efficiency grants for institutions of higher 

education. 

Sec. 277. Workforce training. 

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Sec. 278. Assistance to States to reduce school bus idling. 

TITLE III—CARBON CAPTURE AND STORAGE RESEARCH, 

DEVELOPMENT, AND DEMONSTRATION 

Sec. 301. Short title. 

Sec. 302. Carbon capture and storage research, development, and demonstration program. 

Sec. 303. Carbon dioxide storage capacity assessment. 

Sec. 304. Carbon capture and storage initiative. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Energy. 

4 TITLE I—BIOFUELS FOR ENERGY 

5 SECURITY AND TRANSPOR6 TATION 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘Biofuels for Energy 

9 Security and Transportation Act of 2007’’. 

10 SEC. 102. DEFINITIONS. 

11 In this title: 

12 (1) ADVANCED BIOFUEL.— 

13 (A) IN GENERAL.—The term ‘‘advanced 

14 biofuel’’ means fuel derived from renewable bio15 mass other than corn starch. 

16 (B) INCLUSIONS.—The term ‘‘advanced 

17 biofuel’’ includes— 

18 (i) ethanol derived from cellulose, 

19 hemicellulose, or lignin; 

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1 (ii) ethanol derived from sugar or 

2 starch, other than ethanol derived from 

3 corn starch; 

4 (iii) ethanol derived from waste mate5 rial, including crop residue, other vegeta6 tive waste material, animal waste, and food 

7 waste and yard waste; 

8 (iv) diesel-equivalent fuel derived from 

9 renewable biomass, including vegetable oil 

10 and animal fat; 

11 (v) biogas produced through the con12 version of organic matter from renewable 

13 biomass; and 

14 (vi) butanol or higher alcohols pro15 duced through the conversion of organic 

16 matter from renewable biomass. 

17 (2) CELLULOSIC BIOMASS ETHANOL.—The 

18 term ‘‘cellulosic biomass ethanol’’ means ethanol de19 rived from any cellulose, hemicellulose, or lignin that 

20 is derived from renewable biomass. 

21 (3) CONVENTIONAL BIOFUEL.—The term ‘‘con22 ventional biofuel’’ means ethanol derived from corn 

23 starch. 

24 (4) RENEWABLE BIOMASS.—The term ‘‘renew25 able biomass’’ means— 

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1 (A) biomass (as defined by section 210 of 

2 the Energy Policy Act of 2005 (42 U.S.C. 

3 15855)) (excluding the bole of old-growth trees 

4 of a forest from the late successional state of 

5 forest development) that is harvested where 

6 permitted by law and in accordance with appli7 cable land management plans from— 

8 (i) National Forest System land; or 

9 (ii) public lands (as defined in section 

10 103 of the Federal Land Policy and Man11 agement Act of 1976 (43 U.S.C. 1702)); 

12 or 

13 (B) any organic matter that is available on 

14 a renewable or recurring basis from non-Fed15 eral land or from land belonging to an Indian 

16 tribe, or an Indian individual, that is held in 

17 trust by the United States or subject to a re18 striction against alienation imposed by the 

19 United States, including— 

20 (i) renewable plant material, includ21 ing— 

22 (I) feed grains; 

23 (II) other agricultural commod24 ities; 

25 (III) other plants and trees; and 

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1 (IV) algae; and 

2 (ii) waste material, including— 

3 (I) crop residue; 

4 (II) other vegetative waste mate5 rial (including wood waste and wood 

6 residues); 

7 (III) animal waste and byprod8 ucts (including fats, oils, greases, and 

9 manure); and 

10 (IV) food waste and yard waste. 

11 (5) RENEWABLE FUEL.— 

12 (A) IN GENERAL.—The term ‘‘renewable 

13 fuel’’ means motor vehicle fuel, boiler fuel, or 

14 home heating fuel that is— 

15 (i) produced from renewable biomass; 

16 and 

17 (ii) used to replace or reduce the 

18 quantity of fossil fuel present in a fuel or 

19 fuel mixture used to operate a motor vehi20 cle, boiler, or furnace. 

21 (B) INCLUSION.—The term ‘‘renewable 

22 fuel’’ includes— 

23 (i) conventional biofuel; and 

24 (ii) advanced biofuel. 

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1 (6) SMALL REFINERY.—The term ‘‘small refin2 ery’’ means a refinery for which the average aggre3 gate daily crude oil throughput for a calendar year 

4 (as determined by dividing the aggregate throughput 

5 for the calendar year by the number of days in the 

6 calendar year) does not exceed 75,000 barrels. 

7 Subtitle A—Renewable Fuel 

8 Standard 

9 SEC. 111. RENEWABLE FUEL STANDARD. 

10 (a) RENEWABLE FUEL PROGRAM.— 

11 (1) REGULATIONS.— 

12 (A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of this Act, the 

14 President shall promulgate regulations to en15 sure that motor vehicle fuel, home heating oil, 

16 and boiler fuel sold or introduced into com17 merce in the United States (except in non18 contiguous States or territories), on an annual 

19 average basis, contains the applicable volume of 

20 renewable fuel determined in accordance with 

21 paragraph (2). 

22 (B) PROVISIONS OF REGULATIONS.—Re23 gardless of the date of promulgation, the regu24 lations promulgated under subparagraph (A)— 

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1 (i) shall contain compliance provisions 

2 applicable to refineries, blenders, distribu3 tors, and importers, as appropriate, to en4 sure that— 

5 (I) the requirements of this sub6 section are met; and 

7 (II) renewable fuels produced 

8 from facilities built after the date of 

9 enactment of this Act achieve at least 

10 a 20 percent reduction in life cycle 

11 greenhouse gas emissions compared to 

12 gasoline; but 

13 (ii) shall not— 

14 (I) restrict geographic areas in 

15 the contiguous United States in which 

16 renewable fuel may be used; or 

17 (II) impose any per-gallon obliga18 tion for the use of renewable fuel. 

19 (C) RELATIONSHIP TO OTHER REGULA20 TIONS.—Regulations promulgated under this 

21 paragraph shall, to the maximum extent prac22 ticable, incorporate the program structure, com23 pliance, and reporting requirements established 

24 under the final regulations promulgated to im25 plement the renewable fuel program established 

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1 by the amendment made by section 1501(a)(2) 

2 of the Energy Policy Act of 2005 (Public Law 

3 109–58; 119 Stat. 1067). 

4 (2) APPLICABLE VOLUME.— 

5 (A) CALENDAR YEARS 2008 THROUGH

6 2022.— 

7 (i) RENEWABLE FUEL.—For the pur8 pose of paragraph (1), subject to clause 

9 (ii), the applicable volume for any of cal10 endar years 2008 through 2022 shall be 

11 determined in accordance with the fol12 lowing table: 

Applicable volume of 

renewable fuel

Calendar year: (in billions of gallons): 

2008 ......................................................................................... 8.5

2009 ......................................................................................... 10.5

2010 ......................................................................................... 12.0

2011 ......................................................................................... 12.6

2012 ......................................................................................... 13.2

2013 ......................................................................................... 13.8

2014 ......................................................................................... 14.4

2015 ......................................................................................... 15.0

2016 ......................................................................................... 18.0

2017 ......................................................................................... 21.0

2018 ......................................................................................... 24.0

2019 ......................................................................................... 27.0

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

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

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

13 (ii) ADVANCED BIOFUELS.—For the 

14 purpose of paragraph (1), of the volume of 

15 renewable fuel required under clause (i), 

16 the applicable volume for any of calendar 

17 years 2016 through 2022 for advanced 

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1 biofuels shall be determined in accordance 

2 with the following table: 

Applicable volume of 

advanced biofuels

Calendar year: (in billions of gallons): 

2016 ......................................................................................... 3.0

2017 ......................................................................................... 6.0

2018 ......................................................................................... 9.0

2019 ......................................................................................... 12.0

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

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

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

3 (B) CALENDAR YEAR 2023 AND THERE4 AFTER.—Subject to subparagraph (C), for the 

5 purposes of paragraph (1), the applicable vol6 ume for calendar year 2023 and each calendar 

7 year thereafter shall be determined by the 

8 President, in coordination with the Secretary of 

9 Energy, the Secretary of Agriculture, and the 

10 Administrator of the Environmental Protection 

11 Agency, based on a review of the implementa12 tion of the program during calendar years 2007 

13 through 2022, including a review of— 

14 (i) the impact of renewable fuels on 

15 the energy security of the United States; 

16 (ii) the expected annual rate of future 

17 production of renewable fuels, including 

18 advanced biofuels; 

19 (iii) the impact of renewable fuels on 

20 the infrastructure of the United States, inmstockstill on PROD1PC66 with BILLS

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1 cluding deliverability of materials, goods, 

2 and products other than renewable fuel, 

3 and the sufficiency of infrastructure to de4 liver renewable fuel; and 

5 (iv) the impact of the use of renewable 

6 fuels on other factors, including job cre7 ation, the price and supply of agricultural 

8 commodities, rural economic development, 

9 and the environment. 

10 (C) MINIMUM APPLICABLE VOLUME.—Sub11 ject to subparagraph (D), for the purpose of 

12 paragraph (1), the applicable volume for cal13 endar year 2023 and each calendar year there14 after shall be equal to the product obtained by 

15 multiplying— 

16 (i) the number of gallons of gasoline 

17 that the President estimates will be sold or 

18 introduced into commerce in the calendar 

19 year; and 

20 (ii) the ratio that— 

21 (I) 36,000,000,000 gallons of re22 newable fuel; bears to 

23 (II) the number of gallons of gas24 oline sold or introduced into com25 merce in calendar year 2022. 

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1 (D) MINIMUM PERCENTAGE OF ADVANCED

2 BIOFUEL.—For the purpose of paragraph (1) 

3 and subparagraph (C), at least 60 percent of 

4 the minimum applicable volume for calendar 

5 year 2023 and each calendar year thereafter 

6 shall be advanced biofuel. 

7 (b) APPLICABLE PERCENTAGES.— 

8 (1) PROVISION OF ESTIMATE OF VOLUMES OF

9 GASOLINE SALES.—Not later than October 31 of 

10 each of calendar years 2008 through 2021, the Ad11 ministrator of the Energy Information Administra12 tion shall provide to the President an estimate, with 

13 respect to the following calendar year, of the vol14 umes of gasoline projected to be sold or introduced 

15 into commerce in the United States. 

16 (2) DETERMINATION OF APPLICABLE PERCENT17 AGES.— 

18 (A) IN GENERAL.—Not later than Novem19 ber 30 of each of calendar years 2008 through 

20 2022, based on the estimate provided under 

21 paragraph (1), the President shall determine 

22 and publish in the Federal Register, with re23 spect to the following calendar year, the renew24 able fuel obligation that ensures that the re25 quirements of subsection (a) are met. 

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1 (B) REQUIRED ELEMENTS.—The renew2 able fuel obligation determined for a calendar 

3 year under subparagraph (A) shall— 

4 (i) be applicable to refineries, blend5 ers, and importers, as appropriate; 

6 (ii) be expressed in terms of a volume 

7 percentage of gasoline sold or introduced 

8 into commerce in the United States; and 

9 (iii) subject to paragraph (3)(A), con10 sist of a single applicable percentage that 

11 applies to all categories of persons speci12 fied in clause (i). 

13 (3) ADJUSTMENTS.—In determining the appli14 cable percentage for a calendar year, the President 

15 shall make adjustments— 

16 (A) to prevent the imposition of redundant 

17 obligations on any person specified in para18 graph (2)(B)(i); and 

19 (B) to account for the use of renewable 

20 fuel during the previous calendar year by small 

21 refineries that are exempt under subsection (g). 

22 (c) VOLUME CONVERSION FACTORS FOR RENEW23 ABLE FUELS BASED ON ENERGY CONTENT OR REQUIRE24 MENTS.— 

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1 (1) IN GENERAL.—For the purpose of sub2 section (a), the President shall assign values to spe3 cific types of advanced biofuels for the purpose of 

4 satisfying the fuel volume requirements of subsection 

5 (a)(2) in accordance with this subsection. 

6 (2) ENERGY CONTENT RELATIVE TO ETH7 ANOL.—For advanced biofuel, 1 gallon of the ad8 vanced biofuel shall be considered to be the equiva9 lent of 1 gallon of renewable fuel multiplied by the 

10 ratio that— 

11 (A) the number of British thermal units of 

12 energy produced by the combustion of 1 gallon 

13 of the advanced biofuel (as measured under 

14 conditions determined by the Secretary); bears 

15 to 

16 (B) the number of British thermal units of 

17 energy produced by the combustion of 1 gallon 

18 of pure ethanol (as measured under conditions 

19 determined by the Secretary to be comparable 

20 to conditions described in subparagraph (A)). 

21 (3) TRANSITIONAL ENERGY-RELATED CONVER22 SION FACTORS FOR CELLULOSIC BIOMASS ETH23 ANOL.—For any of calendar years 2008 through 

24 2015, 1 gallon of cellulosic biomass ethanol shall be 

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1 considered to be the equivalent of 2.5 gallons of re2 newable fuel. 

3 (d) CREDIT PROGRAM.— 

4 (1) IN GENERAL.—The President, in consulta5 tion with the Secretary and the Administrator of the 

6 Environmental Protection Agency, shall implement a 

7 credit program to manage the renewable fuel re8 quirement of this section in a manner consistent 

9 with the credit program established by the amend10 ment made by section 1501(a)(2) of the Energy Pol11 icy Act of 2005 (Public Law 109–58; 119 Stat. 

12 1067). 

13 (2) MARKET TRANSPARENCY.—In carrying out 

14 the credit program under this subsection, the Presi15 dent shall facilitate price transparency in markets 

16 for the sale and trade of credits, with due regard for 

17 the public interest, the integrity of those markets, 

18 fair competition, and the protection of consumers 

19 and agricultural producers. 

20 (e) SEASONAL VARIATIONS IN RENEWABLE FUEL

21 USE.— 

22 (1) STUDY.—For each of calendar years 2008 

23 through 2022, the Administrator of the Energy In24 formation Administration shall conduct a study of 

25 renewable fuel blending to determine whether there 

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1 are excessive seasonal variations in the use of renew2 able fuel. 

3 (2) REGULATION OF EXCESSIVE SEASONAL

4 VARIATIONS.—If, for any calendar year, the Admin5 istrator of the Energy Information Administration, 

6 based on the study under paragraph (1), makes the 

7 determinations specified in paragraph (3), the Presi8 dent shall promulgate regulations to ensure that 25 

9 percent or more of the quantity of renewable fuel 

10 necessary to meet the requirements of subsection (a) 

11 is used during each of the 2 periods specified in 

12 paragraph (4) of each subsequent calendar year. 

13 (3) DETERMINATIONS.—The determinations re14 ferred to in paragraph (2) are that— 

15 (A) less than 25 percent of the quantity of 

16 renewable fuel necessary to meet the require17 ments of subsection (a) has been used during 1 

18 of the 2 periods specified in paragraph (4) of 

19 the calendar year; 

20 (B) a pattern of excessive seasonal vari21 ation described in subparagraph (A) will con22 tinue in subsequent calendar years; and 

23 (C) promulgating regulations or other re24 quirements to impose a 25 percent or more seamstockstill on PROD1PC66 with BILLS

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1 sonal use of renewable fuels will not signifi2 cantly— 

3 (i) increase the price of motor fuels to 

4 the consumer; or 

5 (ii) prevent or interfere with the at6 tainment of national ambient air quality 

7 standards. 

8 (4) PERIODS.—The 2 periods referred to in this 

9 subsection are— 

10 (A) April through September; and 

11 (B) January through March and October 

12 through December. 

13 (f) WAIVERS.— 

14 (1) IN GENERAL.—The President, in consulta15 tion with the Secretary of Energy, the Secretary of 

16 Agriculture, and the Administrator of the Environ17 mental Protection Agency, may waive the require18 ments of subsection (a) in whole or in part on peti19 tion by one or more States by reducing the national 

20 quantity of renewable fuel required under subsection 

21 (a), based on a determination by the President 

22 (after public notice and opportunity for comment), 

23 that— 

24 (A) implementation of the requirement 

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1 ment of a State, a region, or the United States; 

2 or 

3 (B) extreme and unusual circumstances 

4 exist that prevent distribution of an adequate 

5 supply of domestically-produced renewable fuel 

6 to consumers in the United States. 

7 (2) PETITIONS FOR WAIVERS.—The President, 

8 in consultation with the Secretary of Energy, the 

9 Secretary of Agriculture, and the Administrator of 

10 the Environmental Protection Agency, shall approve 

11 or disapprove a State petition for a waiver of the re12 quirements of subsection (a) within 90 days after 

13 the date on which the petition is received by the 

14 President. 

15 (3) TERMINATION OF WAIVERS.—A waiver 

16 granted under paragraph (1) shall terminate after 1 

17 year, but may be renewed by the President after 

18 consultation with the Secretary of Energy, the Sec19 retary of Agriculture, and the Administrator of the 

20 Environmental Protection Agency. 

21 (4) REPORT TO CONGRESS.—If the Secretary 

22 makes a determination under paragraph (1)(B) that 

23 railroad transportation of domestically-produced re24 newable fuel is inadequate, based on either the serv25 ice provided by, or the price of, the railroad transmstockstill on PROD1PC66 with BILLS

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1 portation, the President shall submit to Congress a 

2 report that describes— 

3 (A) the actions the Federal Government is 

4 taking, or will take, to address the inadequacy, 

5 including a description of the specific powers of 

6 the applicable Federal agencies; and 

7 (B) if the President finds that there are 

8 inadequate Federal powers to address the rail9 road service or pricing inadequacies, rec10 ommendations for legislation to provide appro11 priate powers to Federal agencies to address 

12 the inadequacies. 

13 (g) SMALL REFINERIES.— 

14 (1) TEMPORARY EXEMPTION.— 

15 (A) IN GENERAL.—The requirements of 

16 subsection (a) shall not apply to— 

17 (i) small refineries (other than a small 

18 refinery described in clause (ii)) until cal19 endar year 2013; and 

20 (ii) small refineries owned by a small 

21 business refiner (as defined in section 

22 45H(c) of the Internal Revenue Code of 

23 1986) until calendar year 2015. 

24 (B) EXTENSION OF EXEMPTION.— 

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1 (i) STUDY BY SECRETARY.—Not later 

2 than December 31, 2008, the Secretary 

3 shall submit to the President and Congress 

4 a report describing the results of a study 

5 to determine whether compliance with the 

6 requirements of subsection (a) would im7 pose a disproportionate economic hardship 

8 on small refineries. 

9 (ii) EXTENSION OF EXEMPTION.—In 

10 the case of a small refinery that the Sec11 retary determines under clause (i) would 

12 be subject to a disproportionate economic 

13 hardship if required to comply with sub14 section (a), the President shall extend the 

15 exemption under subparagraph (A) for the 

16 small refinery for a period of not less than 

17 2 additional years. 

18 (2) PETITIONS BASED ON DISPROPORTIONATE

19 ECONOMIC HARDSHIP.— 

20 (A) EXTENSION OF EXEMPTION.—A small 

21 refinery may at any time petition the President 

22 for an extension of the exemption under para23 graph (1) for the reason of disproportionate 

24 economic hardship. 

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1 (B) EVALUATION OF PETITIONS.—In eval2 uating a petition under subparagraph (A), the 

3 President, in consultation with the Secretary, 

4 shall consider the findings of the study under 

5 paragraph (1)(B) and other economic factors. 

6 (C) DEADLINE FOR ACTION ON PETI7 TIONS.—The President shall act on any petition 

8 submitted by a small refinery for a hardship ex9 emption not later than 90 days after the date 

10 of receipt of the petition. 

11 (3) OPT-IN FOR SMALL REFINERIES.—A small 

12 refinery shall be subject to the requirements of sub13 section (a) if the small refinery notifies the Presi14 dent that the small refinery waives the exemption 

15 under paragraph (1). 

16 (h) PENALTIES AND ENFORCEMENT.— 

17 (1) CIVIL PENALTIES.— 

18 (A) IN GENERAL.—Any person that vio19 lates a regulation promulgated under subsection 

20 (a), or that fails to furnish any information re21 quired under such a regulation, shall be liable 

22 to the United States for a civil penalty of not 

23 more than the total of— 

24 (i) $25,000 for each day of the viola25 tion; and 

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1 (ii) the amount of economic benefit or 

2 savings received by the person resulting 

3 from the violation, as determined by the 

4 President. 

5 (B) COLLECTION.—Civil penalties under 

6 subparagraph (A) shall be assessed by, and col7 lected in a civil action brought by, the Secretary 

8 or such other officer of the United States as is 

9 designated by the President. 

10 (2) INJUNCTIVE AUTHORITY.— 

11 (A) IN GENERAL.—The district courts of 

12 the United States shall have jurisdiction to— 

13 (i) restrain a violation of a regulation 

14 promulgated under subsection (a); 

15 (ii) award other appropriate relief; 

16 and 

17 (iii) compel the furnishing of informa18 tion required under the regulation. 

19 (B) ACTIONS.—An action to restrain such 

20 violations and compel such actions shall be 

21 brought by and in the name of the United 

22 States. 

23 (C) SUBPOENAS.—In the action, a sub24 poena for a witness who is required to attend 

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1 a district court in any district may apply in any 

2 other district. 

3 (i) VOLUNTARY LABELING PROGRAM.— 

4 (1) IN GENERAL.—The President shall establish 

5 criteria for a system of voluntary labeling of renew6 able fuels based on life cycle greenhouse gas emis7 sions. 

8 (2) CONSUMER EDUCATION.—The President 

9 shall ensure that the labeling system under this sub10 section provides useful information to consumers 

11 making fuel purchases. 

12 (3) FLEXIBILITY.—In carrying out this sub13 section, the President may establish more than 1 

14 label, as appropriate. 

15 (j) EFFECTIVE DATE.—Except as otherwise specifi16 cally provided in this section, this section takes effect on 

17 January 1, 2008. 

18 SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RE19 NEWABLE ENERGY. 

20 (a) DEFINITIONS.—In this section: 

21 (1) FACILITY.—The term ‘‘facility’’ means a fa22 cility used for the production of renewable fuel. 

23 (2) RENEWABLE ENERGY.— 

24 (A) IN GENERAL.—The term ‘‘renewable 

25 energy’’ has the meaning given the term in secmstockstill on PROD1PC66 with BILLS

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1 tion 203(b) of the Energy Policy Act of 2005 

2 (42 U.S.C. 15852(b)). 

3 (B) INCLUSION.—The term ‘‘renewable en4 ergy’’ includes biogas produced through the 

5 conversion of organic matter from renewable 

6 biomass. 

7 (b) ADDITIONAL CREDIT.— 

8 (1) IN GENERAL.—The President shall provide 

9 a credit under the program established under section 

10 111(d) to the owner of a facility that uses renewable 

11 energy to displace more than 90 percent of the fossil 

12 fuel normally used in the production of renewable 

13 fuel. 

14 (2) CREDIT AMOUNT.—The President may pro15 vide the credit in a quantity that is not more than 

16 the equivalent of 1.5 gallons of renewable fuel for 

17 each gallon of renewable fuel produced in a facility 

18 described in paragraph (1). 

19 Subtitle B—Renewable Fuels 

20 Infrastructure 

21 SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEW22 ABLE FUELS. 

23 (a) IN GENERAL.—The Secretary, in consultation 

24 with the Secretary of Transportation and the Adminis25 trator of the Environmental Protection Agency, shall esmstockstill on PROD1PC66 with BILLS

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1 tablish a competitive grant pilot program (referred to in 

2 this section as the ‘‘pilot program’’), to be administered 

3 through the Vehicle Technology Deployment Program of 

4 the Department of Energy, to provide not more than 10 

5 geographically-dispersed project grants to State govern6 ments, Indian tribal governments, local governments, met7 ropolitan transportation authorities, or partnerships of 

8 those entities to carry out 1 or more projects for the pur9 poses described in subsection (b). 

10 (b) GRANT PURPOSES.—A grant under this section 

11 shall be used for the establishment of refueling infrastruc12 ture corridors, as designated by the Secretary, for gasoline 

13 blends that contain not less than 11 percent, and not more 

14 than 85 percent, renewable fuel or diesel fuel that contains 

15 at least 10 percent renewable fuel, including— 

16 (1) installation of infrastructure and equipment 

17 necessary to ensure adequate distribution of renew18 able fuels within the corridor; 

19 (2) installation of infrastructure and equipment 

20 necessary to directly support vehicles powered by re21 newable fuels; and 

22 (3) operation and maintenance of infrastructure 

23 and equipment installed as part of a project funded 

24 by the grant. 

25 (c) APPLICATIONS.— 

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1 (1) REQUIREMENTS.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), not later than 90 days after the date 

4 of enactment of this Act, the Secretary shall 

5 issue requirements for use in applying for 

6 grants under the pilot program. 

7 (B) MINIMUM REQUIREMENTS.—At a min8 imum, the Secretary shall require that an appli9 cation for a grant under this section— 

10 (i) be submitted by— 

11 (I) the head of a State, tribal, or 

12 local government or a metropolitan 

13 transportation authority, or any com14 bination of those entities; and 

15 (II) a registered participant in 

16 the Vehicle Technology Deployment 

17 Program of the Department of En18 ergy; and 

19 (ii) include— 

20 (I) a description of the project 

21 proposed in the application, including 

22 the ways in which the project meets 

23 the requirements of this section; 

24 (II) an estimate of the degree of 

25 use of the project, including the estimstockstill on PROD1PC66 with BILLS

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1 mated size of fleet of vehicles operated 

2 with renewable fuel available within 

3 the geographic region of the corridor, 

4 measured as a total quantity and a 

5 percentage; 

6 (III) an estimate of the potential 

7 petroleum displaced as a result of the 

8 project (measured as a total quantity 

9 and a percentage), and a plan to col10 lect and disseminate petroleum dis11 placement and other relevant data re12 lating to the project to be funded 

13 under the grant, over the expected life 

14 of the project; 

15 (IV) a description of the means 

16 by which the project will be sustain17 able without Federal assistance after 

18 the completion of the term of the 

19 grant; 

20 (V) a complete description of the 

21 costs of the project, including acquisi22 tion, construction, operation, and 

23 maintenance costs over the expected 

24 life of the project; and 

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1 (VI) a description of which costs 

2 of the project will be supported by 

3 Federal assistance under this sub4 section. 

5 (2) PARTNERS.—An applicant under paragraph 

6 (1) may carry out a project under the pilot program 

7 in partnership with public and private entities. 

8 (d) SELECTION CRITERIA.—In evaluating applica9 tions under the pilot program, the Secretary shall— 

10 (1) consider the experience of each applicant 

11 with previous, similar projects; and 

12 (2) give priority consideration to applications 

13 that— 

14 (A) are most likely to maximize displace15 ment of petroleum consumption, measured as a 

16 total quantity and a percentage; 

17 (B) are best able to incorporate existing 

18 infrastructure while maximizing, to the extent 

19 practicable, the use of advanced biofuels; 

20 (C) demonstrate the greatest commitment 

21 on the part of the applicant to ensure funding 

22 for the proposed project and the greatest likeli23 hood that the project will be maintained or ex24 panded after Federal assistance under this sub25 section is completed; 

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1 (D) represent a partnership of public and 

2 private entities; and 

3 (E) exceed the minimum requirements of 

4 subsection (c)(1)(B). 

5 (e) PILOT PROJECT REQUIREMENTS.— 

6 (1) MAXIMUM AMOUNT.—The Secretary shall 

7 provide not more than $20,000,000 in Federal as8 sistance under the pilot program to any applicant. 

9 (2) COST SHARING.—The non-Federal share of 

10 the cost of any activity relating to renewable fuel in11 frastructure development carried out using funds 

12 from a grant under this section shall be not less 

13 than 20 percent. 

14 (3) MAXIMUM PERIOD OF GRANTS.—The Sec15 retary shall not provide funds to any applicant under 

16 the pilot program for more than 2 years. 

17 (4) DEPLOYMENT AND DISTRIBUTION.—The 

18 Secretary shall seek, to the maximum extent prac19 ticable, to ensure a broad geographic distribution of 

20 project sites funded by grants under this section. 

21 (5) TRANSFER OF INFORMATION AND KNOWL22 EDGE.—The Secretary shall establish mechanisms to 

23 ensure that the information and knowledge gained 

24 by participants in the pilot program are transferred 

25 among the pilot program participants and to other 

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1 interested parties, including other applicants that 

2 submitted applications. 

3 (f) SCHEDULE.— 

4 (1) INITIAL GRANTS.— 

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

6 after the date of enactment of this Act, the Sec7 retary shall publish in the Federal Register, 

8 Commerce Business Daily, and such other pub9 lications as the Secretary considers to be appro10 priate, a notice and request for applications to 

11 carry out projects under the pilot program. 

12 (B) DEADLINE.—An application described 

13 in subparagraph (A) shall be submitted to the 

14 Secretary by not later than 180 days after the 

15 date of publication of the notice under that sub16 paragraph. 

17 (C) INITIAL SELECTION.—Not later than 

18 90 days after the date by which applications for 

19 grants are due under subparagraph (B), the 

20 Secretary shall select by competitive, peer-re21 viewed proposal up to 5 applications for 

22 projects to be awarded a grant under the pilot 

23 program. 

24 (2) ADDITIONAL GRANTS.— 

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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act, the Sec3 retary shall publish in the Federal Register, 

4 Commerce Business Daily, and such other pub5 lications as the Secretary considers to be appro6 priate, a notice and request for additional appli7 cations to carry out projects under the pilot 

8 program that incorporate the information and 

9 knowledge obtained through the implementation 

10 of the first round of projects authorized under 

11 the pilot program. 

12 (B) DEADLINE.—An application described 

13 in subparagraph (A) shall be submitted to the 

14 Secretary by not later than 180 days after the 

15 date of publication of the notice under that sub16 paragraph. 

17 (C) INITIAL SELECTION.—Not later than 

18 90 days after the date by which applications for 

19 grants are due under subparagraph (B), the 

20 Secretary shall select by competitive, peer-re21 viewed proposal such additional applications for 

22 projects to be awarded a grant under the pilot 

23 program as the Secretary determines to be ap24 propriate. 

25 (g) REPORTS TO CONGRESS.— 

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1 (1) INITIAL REPORT.—Not later than 60 days 

2 after the date on which grants are awarded under 

3 this section, the Secretary shall submit to Congress 

4 a report containing— 

5 (A) an identification of the grant recipients 

6 and a description of the projects to be funded 

7 under the pilot program; 

8 (B) an identification of other applicants 

9 that submitted applications for the pilot pro10 gram but to which funding was not provided; 

11 and 

12 (C) a description of the mechanisms used 

13 by the Secretary to ensure that the information 

14 and knowledge gained by participants in the 

15 pilot program are transferred among the pilot 

16 program participants and to other interested 

17 parties, including other applicants that sub18 mitted applications. 

19 (2) EVALUATION.—Not later than 2 years after 

20 the date of enactment of this Act, and annually 

21 thereafter until the termination of the pilot program, 

22 the Secretary shall submit to Congress a report con23 taining an evaluation of the effectiveness of the pilot 

24 program, including an assessment of the petroleum 

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1 rived from the projects included in the pilot pro2 gram. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

5 out this section $200,000,000, to remain available until 

6 expended. 

7 SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT. 

8 Section 931(c) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16231(c)) is amended— 

10 (1) in paragraph (2), by striking 

11 ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; and 

12 (2) in paragraph (3), by striking 

13 ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. 

14 SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY 

15 PROGRAM. 

16 Section 977(a)(1) of the Energy Policy Act of 2005 

17 (42 U.S.C. 16317(a)(1)) is amended by inserting before 

18 the period at the end the following: ‘‘, including the estab19 lishment of at least 11 bioresearch centers of varying 

20 sizes, as appropriate, that focus on biofuels, of which at 

21 least 2 centers shall be located in each of the 4 Petroleum 

22 Administration for Defense Districts with no subdistricts 

23 and 1 center shall be located in each of the subdistricts 

24 of the Petroleum Administration for Defense District with 

25 subdistricts’’. 

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1 SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FA2 CILITIES. 

3 (a) IN GENERAL.—Section 1703 of the Energy Policy 

4 Act of 2005 (42 U.S.C. 16513) is amended by adding at 

5 the end the following: 

6 ‘‘(f) RENEWABLE FUEL FACILITIES.— 

7 ‘‘(1) IN GENERAL.—The Secretary may make 

8 guarantees under this title for projects that produce 

9 advanced biofuel (as defined in section 102 of the 

10 Biofuels for Energy Security and Transportation 

11 Act of 2007). 

12 ‘‘(2) REQUIREMENTS.—A project under this 

13 subsection shall employ new or significantly im14 proved technologies for the production of renewable 

15 fuels as compared to commercial technologies in 

16 service in the United States at the time that the 

17 guarantee is issued. 

18 ‘‘(3) ISSUANCE OF FIRST LOAN GUARANTEES.— 

19 The requirement of section 20320(b) of division B 

20 of the Continuing Appropriations Resolution, 2007 

21 (Public Law 109–289, Public Law 110–5), relating 

22 to the issuance of final regulations, shall not apply 

23 to the first 6 guarantees issued under this sub24 section. 

25 ‘‘(4) PROJECT DESIGN.—A project for which a 

26 guarantee is made under this subsection shall have 

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1 a project design that has been validated through the 

2 operation of a continuous process pilot facility with 

3 an annual output of at least 50,000 gallons of eth4 anol or the energy equivalent volume of other ad5 vanced biofuels. 

6 ‘‘(5) MAXIMUM GUARANTEED PRINCIPAL.—The 

7 total principal amount of a loan guaranteed under 

8 this subsection may not exceed $250,000,000 for a 

9 single facility. 

10 ‘‘(6) AMOUNT OF GUARANTEE.—The Secretary 

11 shall guarantee 100 percent of the principal and in12 terest due on 1 or more loans made for a facility 

13 that is the subject of the guarantee under paragraph 

14 (3). 

15 ‘‘(7) DEADLINE.—The Secretary shall approve 

16 or disapprove an application for a guarantee under 

17 this subsection not later than 90 days after the date 

18 of receipt of the application. 

19 ‘‘(8) REPORT.—Not later than 30 days after 

20 approving or disapproving an application under 

21 paragraph (7), the Secretary shall submit to Con22 gress a report on the approval or disapproval (in23 cluding the reasons for the action).’’. 

24 (b) IMPROVEMENTS TO UNDERLYING LOAN GUAR25 ANTEE AUTHORITY.— 

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1 (1) DEFINITION OF COMMERCIAL TECH2 NOLOGY.—Section 1701(1) of the Energy Policy Act 

3 of 2005 (42 U.S.C. 16511(1)) is amended by strik4 ing subparagraph (B) and inserting the following: 

5 ‘‘(B) EXCLUSION.—The term ‘commercial 

6 technology’ does not include a technology if the 

7 sole use of the technology is in connection 

8 with— 

9 ‘‘(i) a demonstration plant; or 

10 ‘‘(ii) a project for which the Secretary 

11 approved a loan guarantee.’’. 

12 (2) SPECIFIC APPROPRIATION OR CONTRIBU13 TION.—Section 1702 of the Energy Policy Act of 

14 2005 (42 U.S.C. 16512) is amended by striking sub15 section (b) and inserting the following: 

16 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU17 TION.— 

18 ‘‘(1) IN GENERAL.—No guarantee shall be 

19 made unless— 

20 ‘‘(A) an appropriation for the cost has 

21 been made; or 

22 ‘‘(B) the Secretary has received from the 

23 borrower a payment in full for the cost of the 

24 obligation and deposited the payment into the 

25 Treasury. 

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1 ‘‘(2) LIMITATION.—The source of payments re2 ceived from a borrower under paragraph (1)(B) shall 

3 not be a loan or other debt obligation that is made 

4 or guaranteed by the Federal Government. 

5 ‘‘(3) RELATION TO OTHER LAWS.—Section 

6 504(b) of the Federal Credit Reform Act of 1990 (2 

7 U.S.C. 661c(b)) shall not apply to a loan or loan 

8 guarantee made in accordance with paragraph 

9 (1)(B).’’. 

10 (3) AMOUNT.—Section 1702 of the Energy Pol11 icy Act of 2005 (42 U.S.C. 16512) is amended by 

12 striking subsection (c) and inserting the following: 

13 ‘‘(c) AMOUNT.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 the Secretary shall guarantee up to 100 percent of 

16 the principal and interest due on 1 or more loans for 

17 a facility that are the subject of the guarantee. 

18 ‘‘(2) LIMITATION.—The total amount of loans 

19 guaranteed for a facility by the Secretary shall not 

20 exceed 80 percent of the total cost of the facility, as 

21 estimated at the time at which the guarantee is 

22 issued.’’. 

23 (4) SUBROGATION.—Section 1702(g)(2) of the 

24 Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) 

25 is amended— 

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

2 (B) by redesignating subparagraph (C) as 

3 subparagraph (B). 

4 (5) FEES.—Section 1702(h) of the Energy Pol5 icy Act of 2005 (42 U.S.C. 16512(h)) is amended by 

6 striking paragraph (2) and inserting the following: 

7 ‘‘(2) AVAILABILITY.—Fees collected under this 

8 subsection shall— 

9 ‘‘(A) be deposited by the Secretary into a 

10 special fund in the Treasury to be known as the 

11 ‘Incentives For Innovative Technologies Fund’; 

12 and 

13 ‘‘(B) remain available to the Secretary for 

14 expenditure, without further appropriation or 

15 fiscal year limitation, for administrative ex16 penses incurred in carrying out this title.’’. 

17 SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RE18 SEARCH AND DEVELOPMENT IN CERTAIN 

19 STATES. 

20 (a) IN GENERAL.—The Secretary shall provide 

21 grants to eligible entities to conduct research into, and de22 velop and implement, renewable fuel production tech23 nologies in States with low rates of ethanol production, 

24 including low rates of production of cellulosic biomass eth25 anol, as determined by the Secretary. 

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1 (b) ELIGIBILITY.—To be eligible to receive a grant 

2 under the section, an entity shall— 

3 (1)(A) be an institution of higher education (as 

4 defined in section 2 of the Energy Policy Act of 

5 2005 (42 U.S.C. 15801)) located in a State de6 scribed in subsection (a); 

7 (B) be an institution— 

8 (i) referred to in section 532 of the Equity 

9 in Educational Land-Grant Status Act of 1994 

10 (Public Law 103–382; 7 U.S.C. 301 note); 

11 (ii) that is eligible for a grant under the 

12 Tribally Controlled College or University Assist13 ance Act of 1978 (25 U.S.C. 1801 et seq.), in14 cluding Dine ́ College; or 

15 (iii) that is eligible for a grant under the 

16 Navajo Community College Act (25 U.S.C. 

17 640a et seq.); or 

18 (C) be a consortium of such institutions of 

19 higher education, industry, State agencies, Indian 

20 tribal agencies, or local government agencies located 

21 in the State; and 

22 (2) have proven experience and capabilities with 

23 relevant technologies. 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $25,000,000 for each of fiscal years 2008 through 2010. 

4 SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPOR5 TATION OF BIOMASS TO LOCAL BIOREFIN6 ERIES. 

7 (a) IN GENERAL.—The Secretary shall conduct a 

8 program under which the Secretary shall provide grants 

9 to Indian tribal and local governments and other eligible 

10 entities (as determined by the Secretary) (referred to in 

11 this section as ‘‘eligible entities’’) to promote the develop12 ment of infrastructure to support the separation, produc13 tion, processing, and transportation of biomass to local 

14 biorefineries. 

15 (b) PHASES.—The Secretary shall conduct the pro16 gram in the following phases: 

17 (1) DEVELOPMENT.—In the first phase of the 

18 program, the Secretary shall make grants to eligible 

19 entities to assist the eligible entities in the develop20 ment of local projects to promote the development of 

21 infrastructure to support the separation, production, 

22 processing, and transportation of biomass to local 

23 biorefineries. 

24 (2) IMPLEMENTATION.—In the second phase of 

25 the program, the Secretary shall make competitive 

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1 grants to eligible entities to implement projects de2 veloped under paragraph (1). 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section. 

6 SEC. 127. BIOREFINERY INFORMATION CENTER. 

7 (a) IN GENERAL.—The Secretary, in cooperation 

8 with the Secretary of Agriculture, shall establish a bio9 refinery information center to make available to interested 

10 parties information on— 

11 (1) renewable fuel resources, including informa12 tion on programs and incentives for renewable fuels; 

13 (2) renewable fuel producers; 

14 (3) renewable fuel users; and 

15 (4) potential renewable fuel users. 

16 (b) ADMINISTRATION.—In administering the bio17 refinery information center, the Secretary shall— 

18 (1) continually update information provided by 

19 the center; 

20 (2) make information available to interested 

21 parties on the process for establishing a biorefinery; 

22 and 

23 (3) make information and assistance provided 

24 by the center available through a toll-free telephone 

25 number and website. 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS. 

5 The Secretary and the Director of the National Insti6 tute of Standards and Technology shall jointly establish 

7 and make available to the public— 

8 (1) a database that describes the physical prop9 erties of different types of alternative fuel; and 

10 (2) standard reference materials for different 

11 types of alternative fuel. 

12 SEC. 129. FUEL TANK CAP LABELING REQUIREMENT. 

13 Section 406(a) of the Energy Policy Act of 1992 (42 

14 U.S.C. 13232(a)) is amended— 

15 (1) by striking ‘‘The Federal Trade Commis16 sion’’ and inserting the following: 

17 ‘‘(1) IN GENERAL.—The Federal Trade Com18 mission’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) FUEL TANK CAP LABELING REQUIRE21 MENT.—Beginning with model year 2010, the fuel 

22 tank cap of each alternative fueled vehicle manufac23 tured for sale in the United States shall be clearly 

24 labeled to inform consumers that such vehicle can 

25 operate on alternative fuel.’’. 

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1 SEC. 130. BIODIESEL. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Secretary shall submit 

4 to Congress a report on any research and development 

5 challenges inherent in increasing to 5 percent the propor6 tion of diesel fuel sold in the United States that is bio7 diesel (as defined in section 757 of the Energy Policy Act 

8 of 2005 (42 U.S.C. 16105)). 

9 (b) REGULATIONS.—The President shall promulgate 

10 regulations providing for the uniform labeling of biodiesel 

11 blends that are certified to meet applicable standards pub12 lished by the American Society for Testing and Materials. 

13 (c) NATIONAL BIODIESEL FUEL QUALITY STAND14 ARD.— 

15 (1) QUALITY REGULATIONS.—Within 180 days 

16 following the date of enactment of this Act, the 

17 President shall promulgate regulations to ensure 

18 that only biodiesel that is tested and certified to 

19 comply with the American Society for Testing and 

20 Materials (ASTM) 6751 standard is introduced into 

21 interstate commerce. 

22 (2) ENFORCEMENT.—The President shall en23 sure that all biodiesel entering interstate commerce 

24 meets the requirements of paragraph (1). 

25 (3) FUNDING.—There are authorized to be ap26 propriated to the President to carry out this section: 

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1 (A) $3,000,000 for fiscal year 2008. 

2 (B) $3,000,000 for fiscal year 2009. 

3 (C) $3,000,000 for fiscal year 2010. 

4 Subtitle C—Studies 

5 SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES. 

6 (a) IN GENERAL.—Not later than October 1, 2012, 

7 the Secretary shall offer to enter into a contract with the 

8 National Academy of Sciences under which the Academy 

9 shall conduct a study of technologies relating to the pro10 duction, transportation, and distribution of advanced 

11 biofuels. 

12 (b) SCOPE.—In conducting the study, the Academy 

13 shall— 

14 (1) include an assessment of the maturity of 

15 advanced biofuels technologies; 

16 (2) consider whether the rate of development of 

17 those technologies will be sufficient to meet the ad18 vanced biofuel standards required under section 111; 

19 (3) consider the effectiveness of the research 

20 and development programs and activities of the De21 partment of Energy relating to advanced biofuel 

22 technologies; and 

23 (4) make policy recommendations to accelerate 

24 the development of those technologies to commercial 

25 viability, as appropriate. 

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1 (c) REPORT.—Not later than November 30, 2014, 

2 the Secretary shall submit to the Committee on Energy 

3 and Natural Resources of the Senate and the Committee 

4 on Energy and Commerce of the House of Representatives 

5 a report describing the results of the study conducted 

6 under this section. 

7 SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETH8 ANOL-BLENDED GASOLINE WITH HIGHER 

9 LEVELS OF ETHANOL. 

10 (a) IN GENERAL.—The Secretary, in cooperation 

11 with the Secretary of Agriculture, the Administrator of the 

12 Environmental Protection Agency, and the Secretary of 

13 Transportation, and after providing notice and an oppor14 tunity for public comment, shall conduct a study of the 

15 feasibility of increasing consumption in the United States 

16 of ethanol-blended gasoline with levels of ethanol that are 

17 not less than 10 percent and not more than 40 percent. 

18 (b) STUDY.—The study under subsection (a) shall in19 clude— 

20 (1) a review of production and infrastructure 

21 constraints on increasing consumption of ethanol; 

22 (2) an evaluation of the economic, market, and 

23 energy-related impacts of State and regional dif24 ferences in ethanol blends; 

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1 (3) an evaluation of the economic, market, and 

2 energy-related impacts on gasoline retailers and con3 sumers of separate and distinctly labeled fuel stor4 age facilities and dispensers; 

5 (4) an evaluation of the environmental impacts 

6 of mid-level ethanol blends on evaporative and ex7 haust emissions from on-road, off-road, and marine 

8 engines, recreational boats, vehicles, and equipment; 

9 (5) an evaluation of the impacts of mid-level 

10 ethanol blends on the operation, durability, and per11 formance of on-road, off-road, and marine engines, 

12 recreational boats, vehicles, and equipment; and 

13 (6) an evaluation of the safety impacts of mid14 level ethanol blends on consumers that own and op15 erate off-road and marine engines, recreational 

16 boats, vehicles, or equipment. 

17 (c) REPORT.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 Congress a report describing the results of the study con20 ducted under this section. 

21 SEC. 143. PIPELINE FEASIBILITY STUDY. 

22 (a) IN GENERAL.—The Secretary, in coordination 

23 with the Secretary of Agriculture and the Secretary of 

24 Transportation, shall conduct a study of the feasibility of 

25 the construction of dedicated ethanol pipelines. 

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1 (b) FACTORS.—In conducting the study, the Sec2 retary shall consider— 

3 (1) the quantity of ethanol production that 

4 would make dedicated pipelines economically viable; 

5 (2) existing or potential barriers to dedicated 

6 ethanol pipelines, including technical, siting, financ7 ing, and regulatory barriers; 

8 (3) market risk (including throughput risk) and 

9 means of mitigating the risk; 

10 (4) regulatory, financing, and siting options 

11 that would mitigate risk in those areas and help en12 sure the construction of 1 or more dedicated ethanol 

13 pipelines; 

14 (5) financial incentives that may be necessary 

15 for the construction of dedicated ethanol pipelines, 

16 including the return on equity that sponsors of the 

17 initial dedicated ethanol pipelines will require to in18 vest in the pipelines; 

19 (6) technical factors that may compromise the 

20 safe transportation of ethanol in pipelines, identi21 fying remedial and preventative measures to ensure 

22 pipeline integrity; and 

23 (7) such other factors as the Secretary con24 siders appropriate. 

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1 (c) REPORT.—Not later than 15 months after the 

2 date of enactment of this Act, the Secretary shall submit 

3 to Congress a report describing the results of the study 

4 conducted under this section. 

5 SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED 

6 VEHICLES TO USE E–85 FUEL. 

7 (a) IN GENERAL.—The Secretary shall conduct a 

8 study of methods of increasing the fuel efficiency of flexi9 ble fueled vehicles by optimizing flexible fueled vehicles to 

10 operate using E–85 fuel. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of enactment of this Act, the Secretary shall submit to 

13 the Committee on Energy and Natural Resources of the 

14 Senate and the Committee on Natural Resources of the 

15 House of Representatives a report that describes the re16 sults of the study, including any recommendations of the 

17 Secretary. 

18 SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE 

19 ELECTRICITY IN ELECTRIC VEHICLES. 

20 (a) DEFINITION OF ELECTRIC VEHICLE.—In this 

21 section, the term ‘‘electric vehicle’’ means an electric 

22 motor vehicle (as defined in section 601 of the Energy Pol23 icy Act of 1992 (42 U.S.C. 13271)) for which the re24 chargeable storage battery— 

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1 (1) receives a charge directly from a source of 

2 electric current that is external to the vehicle; and 

3 (2) provides a minimum of 80 percent of the 

4 motive power of the vehicle. 

5 (b) STUDY.—The Secretary shall conduct a study on 

6 the feasibility of issuing credits under the program estab7 lished under section 111(d) to electric vehicles powered by 

8 electricity produced from renewable energy sources. 

9 (c) REPORT.—Not later than 18 months after the 

10 date of enactment of this Act, the Secretary shall submit 

11 to the Committee on Energy and Natural Resources of 

12 the Senate and the Committee on Energy and Commerce 

13 of the House of Representatives a report that describes 

14 the results of the study, including a description of— 

15 (1) existing programs and studies on the use of 

16 renewable electricity as a means of powering electric 

17 vehicles; and 

18 (2) alternatives for— 

19 (A) designing a pilot program to determine 

20 the feasibility of using renewable electricity to 

21 power electric vehicles as an adjunct to a re22 newable fuels mandate; 

23 (B) allowing the use, under the pilot pro24 gram designed under subparagraph (A), of elecmstockstill on PROD1PC66 with BILLS

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1 tricity generated from nuclear energy as an ad2 ditional source of supply; 

3 (C) identifying the source of electricity 

4 used to power electric vehicles; and 

5 (D) equating specific quantities of elec6 tricity to quantities of renewable fuel under sec7 tion 111(d). 

8 SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED 

9 WITH THE USE OF BIODIESEL. 

10 (a) IN GENERAL.—Not later than 30 days after the 

11 date of enactment of this Act, the Secretary shall initiate 

12 a study on the effects of the use of biodiesel on engine 

13 durability. 

14 (b) COMPONENTS.—The study under this section 

15 shall include— 

16 (1) an assessment of whether the use of bio17 diesel in conventional diesel engines lessens engine 

18 durability; and 

19 (2) an assessment of the effects referred to in 

20 subsection (a) with respect to biodiesel blends at 

21 varying concentrations, including— 

22 (A) B5; 

23 (B) B10; 

24 (C) B20; and 

25 (D) B30. 

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1 SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS. 

2 (a) STUDY.—The President shall conduct a study of 

3 the renewable fuels industry and markets in the United 

4 States, including— 

5 (1) the costs to produce conventional and ad6 vanced biofuels; 

7 (2) the factors affecting the future market 

8 prices for those biofuels, including world oil prices; 

9 and 

10 (3) the financial incentives necessary to en11 hance, to the maximum extent practicable, the 

12 biofuels industry of the United States to reduce the 

13 dependence of the United States on foreign oil dur14 ing calendar years 2011 through 2030. 

15 (b) GOALS.—The study shall include an analysis of 

16 the options for financial incentives and the advantage and 

17 disadvantages of each option. 

18 (c) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, the President shall submit to 

20 Congress a report that describes the results of the study. 

21 SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS 

22 TOOLS FOR THE EVALUATION OF RENEW23 ABLE CARBON CONTENT OF BIOFUELS. 

24 (a) IN GENERAL.—The Secretary, in consultation 

25 with the Secretary of Agriculture and the Administrator 

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1 of the Environmental Protection Agency, shall conduct a 

2 study of— 

3 (1) published methods for evaluating the 

4 lifecycle fossil and renewable carbon content of fuels, 

5 including conventional and advanced biofuels; and 

6 (2) methods for performing simplified, stream7 lined lifecycle analyses of the fossil and renewable 

8 carbon content of biofuels. 

9 (b) REPORT.—Not later than 1 year after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 the Committee on Energy and Natural Resources of the 

12 Senate and the Committee on Energy and Commerce of 

13 the House of Representatives a report that describes the 

14 results of the study under subsection (a), including rec15 ommendations for a method for performing a simplified, 

16 streamlined lifecycle analysis of the fossil and renewable 

17 carbon content of biofuels that includes— 

18 (1) carbon inputs to feedstock production; and 

19 (2) carbon inputs to the biofuel production 

20 process, including the carbon associated with elec21 trical and thermal energy inputs. 

22 SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANS23 PORTATION OF DOMESTICALLY-PRODUCED 

24 RENEWABLE FUEL. 

25 (a) STUDY.— 

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1 (1) IN GENERAL.—The Secretary, in consulta2 tion with the Secretary of Transportation, shall con3 duct a study of the adequacy of railroad transpor4 tation of domestically-produced renewable fuel. 

5 (2) COMPONENTS.—In conducting the study 

6 under paragraph (1), the Secretary shall consider— 

7 (A) the adequacy of, and appropriate loca8 tion for, tracks that have sufficient capacity, 

9 and are in the appropriate condition, to move 

10 the necessary quantities of domestically-pro11 duced renewable fuel within the timeframes re12 quired by section 111; 

13 (B) the adequacy of the supply of railroad 

14 tank cars, locomotives, and rail crews to move 

15 the necessary quantities of domestically-pro16 duced renewable fuel in a timely fashion; 

17 (C)(i) the projected costs of moving the do18 mestically-produced renewable fuel using rail19 road transportation; and 

20 (ii) the impact of the projected costs on 

21 the marketability of the domestically-produced 

22 renewable fuel; 

23 (D) whether there is adequate railroad 

24 competition to ensure— 

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1 (i) a fair price for the railroad trans2 portation of domestically-produced renew3 able fuel; and 

4 (ii) acceptable levels of service for rail5 road transportation of domestically-pro6 duced renewable fuel; 

7 (E) any rail infrastructure capital costs 

8 that the railroads indicate should be paid by the 

9 producers or distributors of domestically-pro10 duced renewable fuel; 

11 (F) whether Federal agencies have ade12 quate legal authority to ensure a fair and rea13 sonable transportation price and acceptable lev14 els of service in cases in which the domestically15 produced renewable fuel source does not have 

16 access to competitive rail service; 

17 (G) whether Federal agencies have ade18 quate legal authority to address railroad service 

19 problems that may be resulting in inadequate 

20 supplies of domestically-produced renewable fuel 

21 in any area of the United States; and 

22 (H) any recommendations for any addi23 tional legal authorities for Federal agencies to 

24 ensure the reliable railroad transportation of 

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1 adequate supplies of domestically-produced re2 newable fuel at reasonable prices. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Energy and Natural Resources of the 

6 Senate and the Committee on Energy and Commerce of 

7 the House of Representatives a report that describes the 

8 results of the study conducted under subsection (a). 

9 SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASO10 LINE ON OFF ROAD VEHICLES. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of Transportation and the 

14 Administrator of the Environmental Protection 

15 Agency, shall conduct a study to determine the ef16 fects of ethanol-blended gasoline on off-road vehicles 

17 and recreational boats. 

18 (2) EVALUATION.—The study shall include an 

19 evaluation of the operational, safety, durability, and 

20 environmental impacts of ethanol-blended gasoline 

21 on off-road and marine engines, recreational boats, 

22 and related equipment. 

23 (b) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 Congress a report describing the results of the study. 

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1 TITLE II—ENERGY EFFICIENCY 

2 PROMOTION 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Energy Efficiency 

5 Promotion Act of 2007’’. 

6 Subtitle A—Promoting Advanced 

7 Lighting Technologies 

8 SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFI9 CIENT LIGHTING. 

10 Section 553 of the National Energy Conservation 

11 Policy Act (42 U.S.C. 8259b) is amended by adding the 

12 following: 

13 ‘‘(f) ACCELERATED PROCUREMENT OF ENERGY EF14 FICIENT LIGHTING.— 

15 ‘‘(1) IN GENERAL.—Not later than October 1, 

16 2013, in accordance with guidelines issued by the 

17 Secretary, all general purpose lighting in Federal 

18 buildings shall be Energy Star products or products 

19 designated under the Federal Energy Management 

20 Program. 

21 ‘‘(2) GUIDELINES.— 

22 ‘‘(A) IN GENERAL.—Not later than 1 year 

23 after the date of enactment of this subsection, 

24 the Secretary shall issue guidelines to carry out 

25 this subsection. 

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1 ‘‘(B) REPLACEMENT COSTS.—The guide2 lines shall take into consideration the costs of 

3 replacing all general service lighting and the re4 duced cost of operation and maintenance ex5 pected to result from such replacement.’’. 

6 SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY 

7 STANDARDS. 

8 (a) DEFINITIONS.—Section 321 of the Energy Policy 

9 and Conservation Act (42 U.S.C. 6291) is amended— 

10 (1) in paragraph (30)(C)(ii)— 

11 (A) in the matter preceding subclause 

12 (I)— 

13 (i) by striking ‘‘or similar bulb shapes 

14 (excluding ER or BR)’’ and inserting ‘‘ER, 

15 BR, BPAR, or similar bulb shapes’’; and 

16 (ii) by striking ‘‘2.75’’ and inserting 

17 ‘‘2.25’’; and 

18 (B) by striking ‘‘is either—’’ and all that 

19 follows through subclause (II) and inserting 

20 ‘‘has a rated wattage that is 40 watts or high21 er’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(52) BPAR INCANDESCENT REFLECTOR

24 LAMP.—The term ‘BPAR incandescent reflector 

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1 lamp’ means a reflector lamp as shown in figure 

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

3 ‘‘(53) BR INCANDESCENT REFLECTOR LAMP; 

4 BR30; BR40.— 

5 ‘‘(A) BR INCANDESCENT REFLECTOR

6 LAMP.—The term ‘BR incandescent reflector 

7 lamp’ means a reflector lamp that has— 

8 ‘‘(i) a bulged section below the major 

9 diameter of the bulb and above the approx10 imate baseline of the bulb, as shown in fig11 ure 1 (RB) on page 7 of ANSI C79.1– 

12 1994, incorporated by reference in section 

13 430.22 of title 10, Code of Federal Regula14 tions (as in effect on the date of enactment 

15 of this paragraph); and 

16 ‘‘(ii) a finished size and shape shown 

17 in ANSI C78.21–1989, including the ref18 erenced reflective characteristics in part 7 

19 of ANSI C78.21–1989, incorporated by 

20 reference in section 430.22 of title 10, 

21 Code of Federal Regulations (as in effect 

22 on the date of enactment of this para23 graph). 

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1 ‘‘(B) BR30.—The term ‘BR30’ means a 

2 BR incandescent reflector lamp with a diameter 

3 of 30/8ths of an inch. 

4 ‘‘(C) BR40.—The term ‘BR40’ means a 

5 BR incandescent reflector lamp with a diameter 

6 of 40/8ths of an inch. 

7 ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; 

8 ER30; ER40.— 

9 ‘‘(A) ER INCANDESCENT REFLECTOR

10 LAMP.—The term ‘ER incandescent reflector 

11 lamp’ means a reflector lamp that has— 

12 ‘‘(i) an elliptical section below the 

13 major diameter of the bulb and above the 

14 approximate baseline of the bulb, as shown 

15 in figure 1 (RE) on page 7 of ANSI 

16 C79.1–1994, incorporated by reference in 

17 section 430.22 of title 10, Code of Federal 

18 Regulations (as in effect on the date of en19 actment of this paragraph); and 

20 ‘‘(ii) a finished size and shape shown 

21 in ANSI C78.21–1989, incorporated by 

22 reference in section 430.22 of title 10, 

23 Code of Federal Regulations (as in effect 

24 on the date of enactment of this para25 graph). 

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1 ‘‘(B) ER30.—The term ‘ER30’ means an 

2 ER incandescent reflector lamp with a diameter 

3 of 30/8ths of an inch. 

4 ‘‘(C) ER40.—The term ‘ER40’ means an 

5 ER incandescent reflector lamp with a diameter 

6 of 40/8ths of an inch. 

7 ‘‘(55) R20 INCANDESCENT REFLECTOR

8 LAMP.—The term ‘R20 incandescent reflector lamp’ 

9 means a reflector lamp that has a face diameter of 

10 approximately 2.5 inches, as shown in figure 1(R) 

11 on page 7 of ANSI C79.1–1994.’’. 

12 (b) STANDARDS FOR FLUORESCENT LAMPS AND IN13 CANDESCENT REFLECTOR LAMPS.—Section 325(i) of the 

14 Energy Policy and Conservation Act (42 U.S.C. 6925(i)) 

15 is amended by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) STANDARDS.— 

18 ‘‘(A) DEFINITION OF EFFECTIVE DATE.— 

19 In this paragraph (other than subparagraph 

20 (D)), the term ‘effective date’ means, with re21 spect to each type of lamp specified in a table 

22 contained in subparagraph (B), the last day of 

23 the period of months corresponding to that type 

24 of lamp (as specified in the table) that follows 

25 October 24, 1992. 

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1 ‘‘(B) MINIMUM STANDARDS.—Each of the 

2 following general service fluorescent lamps and 

3 incandescent reflector lamps manufactured 

4 after the effective date specified in the tables 

5 contained in this paragraph shall meet or ex6 ceed the following lamp efficacy and CRI stand7 ards: 

‘‘FLUORESCENT LAMPS 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

4-foot medium bi-pin ................. >35 W 69 75.0 36 

≤35 W 45 75.0 36 

2-foot U-shaped ......................... >35 W 69 68.0 36 

≤35 W 45 64.0 36 

8-foot slimline ............................ 65 W 69 80.0 18 

≤65 W 45 80.0 18 

8-foot high output ...................... >100 W 69 80.0 18 

≤100 W 45 80.0 18 

‘‘INCANDESCENT REFLECTOR LAMPS 

Nominal Lamp Wattage 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

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

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

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

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

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

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

8 ‘‘(C) EXEMPTIONS.—The standards speci9 fied in subparagraph (B) shall not apply to the 

10 following types of incandescent reflector lamps: 

11 ‘‘(i) Lamps rated at 50 watts or less 

12 that are ER30, BR30, BR40, or ER40 

13 lamps. 

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1 ‘‘(ii) Lamps rated at 65 watts that 

2 are BR30, BR40, or ER40 lamps. 

3 ‘‘(iii) R20 incandescent reflector 

4 lamps rated 45 watts or less. 

5 ‘‘(D) EFFECTIVE DATES.— 

6 ‘‘(i) ER, BR, AND BPAR LAMPS.—The 

7 standards specified in subparagraph (B) 

8 shall apply with respect to ER incandes9 cent reflector lamps, BR incandescent re10 flector lamps, BPAR incandescent reflector 

11 lamps, and similar bulb shapes on and 

12 after January 1, 2008. 

13 ‘‘(ii) LAMPS BETWEEN 2.25–2.75

14 INCHES IN DIAMETER.—The standards 

15 specified in subparagraph (B) shall apply 

16 with respect to incandescent reflector 

17 lamps with a diameter of more than 2.25 

18 inches, but not more than 2.75 inches, on 

19 and after January 1, 2008.’’. 

20 SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES. 

21 (a) ESTABLISHMENT.—Not later than 1 year after 

22 the date of enactment of this Act, as part of the program 

23 carried out under section 1008 of the Energy Policy Act 

24 of 2005 (42 U.S.C. 16396), the Secretary shall establish 

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1 and award Bright Tomorrow Lighting Prizes for solid 

2 state lighting in accordance with this section. 

3 (b) PRIZE SPECIFICATIONS.— 

4 (1) 60-WATT INCANDESCENT REPLACEMENT

5 LAMP PRIZE.—The Secretary shall award a 60-Watt 

6 Incandescent Replacement Lamp Prize to an entrant 

7 that produces a solid-state light package simulta8 neously capable of— 

9 (A) producing a luminous flux greater than 

10 900 lumens; 

11 (B) consuming less than or equal to 10 

12 watts; 

13 (C) having an efficiency greater than 90 

14 lumens per watt; 

15 (D) having a color rendering index greater 

16 than 90; 

17 (E) having a correlated color temperature 

18 of not less than 2,750, and not more than 

19 3,000, degrees Kelvin; 

20 (F) having 70 percent of the lumen value 

21 under subparagraph (A) exceeding 25,000 

22 hours under typical conditions expected in resi23 dential use; 

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1 (G) having a light distribution pattern 

2 similar to a soft 60-watt incandescent A19 

3 bulb; 

4 (H) having a size and shape that fits with5 in the maximum dimensions of an A19 bulb in 

6 accordance with American National Standards 

7 Institute standard C78.20–2003, figure 

8 C78.20–211; 

9 (I) using a single contact medium screw 

10 socket; and 

11 (J) mass production for a competitive sales 

12 commercial market satisfied by the submission 

13 of 10,000 such units equal to or exceeding the 

14 criteria described in subparagraphs (A) through 

15 (I). 

16 (2) PAR TYPE 38 HALOGEN REPLACEMENT

17 LAMP PRIZE.—The Secretary shall award a 

18 Parabolic Aluminized Reflector Type 38 Halogen 

19 Replacement Lamp Prize (referred to in this section 

20 as the ‘‘PAR Type 38 Halogen Replacement Lamp 

21 Prize’’) to an entrant that produces a solid-state22 light package simultaneously capable of— 

23 (A) producing a luminous flux greater than 

24 or equal to 1,350 lumens; 

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1 (B) consuming less than or equal to 11 

2 watts; 

3 (C) having an efficiency greater than 123 

4 lumens per watt; 

5 (D) having a color rendering index greater 

6 than or equal to 90; 

7 (E) having a correlated color coordinate 

8 temperature of not less than 2,750, and not 

9 more than 3,000, degrees Kelvin; 

10 (F) having 70 percent of the lumen value 

11 under subparagraph (A) exceeding 25,000 

12 hours under typical conditions expected in resi13 dential use; 

14 (G) having a light distribution pattern 

15 similar to a PAR 38 halogen lamp; 

16 (H) having a size and shape that fits with17 in the maximum dimensions of a PAR 38 halo18 gen lamp in accordance with American National 

19 Standards Institute standard C78–21–2003, 

20 figure C78.21–238; 

21 (I) using a single contact medium screw 

22 socket; and 

23 (J) mass production for a competitive sales 

24 commercial market satisfied by the submission 

25 of 10,000 such units equal to or exceeding the 

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1 criteria described in subparagraphs (A) through 

2 (I). 

3 (3) TWENTY-FIRST CENTURY LAMP PRIZE.— 

4 The Secretary shall award a Twenty-First Century 

5 Lamp Prize to an entrant that produces a solid6 state-light-light capable of— 

7 (A) producing a light output greater than 

8 1,200 lumens; 

9 (B) having an efficiency greater than 150 

10 lumens per watt; 

11 (C) having a color rendering index greater 

12 than 90; 

13 (D) having a color coordinate temperature 

14 between 2,800 and 3,000 degrees Kelvin; and 

15 (E) having a lifetime exceeding 25,000 

16 hours. 

17 (c) PRIVATE FUNDS.—The Secretary may accept and 

18 use funding from private sources as part of the prizes 

19 awarded under this section. 

20 (d) TECHNICAL REVIEW.—The Secretary shall estab21 lish a technical review committee composed of non-Federal 

22 officers to review entrant data submitted under this sec23 tion to determine whether the data meets the prize speci24 fications described in subsection (b). 

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1 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

2 may competitively select a third party to administer 

3 awards under this section. 

4 (f) AWARD AMOUNTS.—Subject to the availability of 

5 funds to carry out this section, the amount of— 

6 (1) the 60-Watt Incandescent Replacement 

7 Lamp Prize described in subsection (b)(1) shall be 

8 $10,000,000; 

9 (2) the PAR Type 38 Halogen Replacement 

10 Lamp Prize described in subsection (b)(2) shall be 

11 $5,000,000; and 

12 (3) the Twenty-First Century Lamp Prize de13 scribed in subsection (b)(3) shall be $5,000,000. 

14 (g) FEDERAL PROCUREMENT OF SOLID-STATE15 LIGHTS.— 

16 (1) 60-WATT INCANDESCENT REPLACEMENT.— 

17 Subject to paragraph (3), as soon as practicable 

18 after the successful award of the 60-Watt Incandes19 cent Replacement Lamp Prize under subsection 

20 (b)(1), the Secretary (in consultation with the Ad21 ministrator of General Services) shall develop gov22 ernmentwide Federal purchase guidelines with a goal 

23 of replacing the use of 60-watt incandescent lamps 

24 in Federal Government buildings with a solid-state25 light package described in subsection (b)(1) by not 

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1 later than the date that is 5 years after the date the 

2 award is made. 

3 (2) PAR 38 HALOGEN REPLACEMENT LAMP RE4 PLACEMENT.—Subject to paragraph (3), as soon as 

5 practicable after the successful award of the PAR 

6 Type 38 Halogen Replacement Lamp Prize under 

7 subsection (b)(2), the Secretary (in consultation with 

8 the Administrator of General Services) shall develop 

9 governmentwide Federal purchase guidelines with 

10 the goal of replacing the use of PAR 38 halogen 

11 lamps in Federal Government buildings with a solid12 state-light package described in subsection (b)(2) by 

13 not later than the date that is 5 years after the date 

14 the award is made. 

15 (3) WAIVERS.— 

16 (A) IN GENERAL.—The Secretary or the 

17 Administrator of General Services may waive 

18 the application of paragraph (1) or (2) if the 

19 Secretary or Administrator determines that the 

20 return on investment from the purchase of a 

21 solid-state-light package described in paragraph 

22 (1) or (2) of subsection (b), respectively, is cost 

23 prohibitive. 

24 (B) REPORT OF WAIVER.—If the Secretary 

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1 graph (1) or (2), the Secretary or Adminis2 trator, respectively, shall submit to Congress an 

3 annual report that describes the waiver and 

4 provides a detailed justification for the waiver. 

5 (h) BRIGHT LIGHT TOMORROW AWARD FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the United States Treasury a Bright Light Tomor8 row permanent fund without fiscal year limitation to 

9 award prizes under paragraphs (1), (2), and (3) of 

10 subsection (b). 

11 (2) SOURCES OF FUNDING.—The fund estab12 lished under paragraph (1) shall accept— 

13 (A) fiscal year appropriations; and 

14 (B) private contributions authorized under 

15 subsection (c). 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out this section. 

19 SEC. 214. RENEWABLE ENERGY CONSTRUCTION GRANTS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ALASKA SMALL HYDROELECTRIC POWER.— 

22 The term ‘‘Alaska small hydroelectric power’’ means 

23 power that— 

24 (A) is generated— 

25 (i) in the State of Alaska; 

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1 (ii) without the use of a dam or im2 poundment of water; and 

3 (iii) through the use of— 

4 (I) a lake tap (but not a perched 

5 alpine lake); or 

6 (II) a run-of-river screened at the 

7 point of diversion; and 

8 (B) has a nameplate capacity rating of a 

9 wattage that is not more than 15 megawatts. 

10 (2) ELIGIBLE APPLICANT.—The term ‘‘eligible 

11 applicant’’ means any— 

12 (A) governmental entity; 

13 (B) private utility; 

14 (C) public utility; 

15 (D) municipal utility; 

16 (E) cooperative utility; 

17 (F) Indian tribes; and 

18 (G) Regional Corporation (as defined in 

19 section 3 of the Alaska Native Claims Settle20 ment Act (43 U.S.C. 1602)). 

21 (3) OCEAN ENERGY.— 

22 (A) INCLUSIONS.—The term ‘‘ocean en23 ergy’’ includes current, wave, and tidal energy. 

24 (B) EXCLUSION.—The term ‘‘ocean en25 ergy’’ excludes thermal energy. 

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1 (4) RENEWABLE ENERGY PROJECT.—The term 

2 ‘‘renewable energy project’’ means a project— 

3 (A) for the commercial generation of elec4 tricity; and 

5 (B) that generates electricity from— 

6 (i) solar, wind, or geothermal energy 

7 or ocean energy; 

8 (ii) biomass (as defined in section 

9 203(b) of the Energy Policy Act of 2005 

10 (42 U.S.C. 15852(b))); 

11 (iii) landfill gas; or 

12 (iv) Alaska small hydroelectric power. 

13 (b) RENEWABLE ENERGY CONSTRUCTION

14 GRANTS.— 

15 (1) IN GENERAL.—The Secretary shall use 

16 amounts appropriated under this section to make 

17 grants for use in carrying out renewable energy 

18 projects. 

19 (2) CRITERIA.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary 

21 shall set forth criteria for use in awarding grants 

22 under this section. 

23 (3) APPLICATION.—To receive a grant from the 

24 Secretary under paragraph (1), an eligible applicant 

25 shall submit to the Secretary an application at such 

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1 time, in such manner, and containing such informa2 tion as the Secretary may require, including a writ3 ten assurance that— 

4 (A) all laborers and mechanics employed 

5 by contractors or subcontractors during con6 struction, alteration, or repair that is financed, 

7 in whole or in part, by a grant under this sec8 tion shall be paid wages at rates not less than 

9 those prevailing on similar construction in the 

10 locality, as determined by the Secretary of 

11 Labor in accordance with sections 3141–3144, 

12 3146, and 3147 of title 40, United States Code; 

13 and 

14 (B) the Secretary of Labor shall, with re15 spect to the labor standards described in this 

16 paragraph, have the authority and functions set 

17 forth in Reorganization Plan Numbered 14 of 

18 1950 (5 U.S.C. App.) and section 3145 of title 

19 40, United States Code. 

20 (4) NON-FEDERAL SHARE.—Each eligible appli21 cant that receives a grant under this subsection shall 

22 contribute to the total cost of the renewable energy 

23 project constructed by the eligible applicant an 

24 amount not less than 50 percent of the total cost of 

25 the project. 

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Fund such sums 

3 as are necessary to carry out this section. 

4 Subtitle B—Expediting New 

5 Energy Efficiency Standards 

6 SEC. 221. DEFINITION OF ENERGY CONSERVATION STAND7 ARD. 

8 Section 321 of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6291) is amended by striking paragraph 

10 (6) and inserting the following: 

11 ‘‘(6) ENERGY CONSERVATION STANDARD.— 

12 ‘‘(A) IN GENERAL.—The term ‘energy con13 servation standard’ means 1 or more perform14 ance standards that prescribe a minimum level 

15 of energy efficiency or a maximum quantity of 

16 energy use and, in the case of a showerhead, 

17 faucet, water closet, urinal, clothes washer, and 

18 dishwasher, water use, for a covered product, 

19 determined in accordance with test procedures 

20 prescribed under section 323. 

21 ‘‘(B) INCLUSIONS.—The term ‘energy con22 servation standard’ includes— 

23 ‘‘(i) 1 or more design requirements, as 

24 part of a consensus agreement under sec25 tion 325(hh); and 

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1 ‘‘(ii) any other requirements that the 

2 Secretary may prescribe under subsections 

3 (o) and (r) of section 325. 

4 ‘‘(C) EXCLUSION.—The term ‘energy con5 servation standard’ does not include a perform6 ance standard for a component of a finished 

7 covered product.’’. 

8 SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEAT9 ING AND COOLING PRODUCTS. 

10 (a) IN GENERAL.—Section 327 of the Energy Policy 

11 and Conservation Act (42 U.S.C. 6297) is amended— 

12 (1) by redesignating subsections (e), (f), and 

13 (g) as subsections (f), (g), and (h), respectively; and 

14 (2) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) REGIONAL EFFICIENCY STANDARDS FOR HEAT17 ING AND COOLING PRODUCTS.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) DETERMINATION.—The Secretary 

20 may determine, after notice and comment, that 

21 more stringent Federal energy conservation 

22 standards are appropriate for furnaces, boilers, 

23 or central air conditioning equipment than ap24 plicable Federal energy conservation standards. 

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1 ‘‘(B) FINDING.—The Secretary may deter2 mine that more stringent standards are appro3 priate for up to 2 different regions only after 

4 finding that the regional standards— 

5 ‘‘(i) would contribute to energy sav6 ings that are substantially greater than 

7 that of a single national energy standard; 

8 and 

9 ‘‘(ii) are economically justified. 

10 ‘‘(C) REGIONS.—On making a determina11 tion described in subparagraph (B), the Sec12 retary shall establish the regions so that the 

13 more stringent standards would achieve the 

14 maximum level of energy savings that is techno15 logically feasible and economically justified. 

16 ‘‘(D) FACTORS.—In determining the ap17 propriateness of 1 or more regional standards 

18 for furnaces, boilers, and central and commer19 cial air conditioning equipment, the Secretary 

20 shall consider all of the factors described in 

21 paragraphs (1) through (4) of section 325(o). 

22 ‘‘(2) STATE PETITION.—After a determination 

23 made by the Secretary under paragraph (1), a State 

24 may petition the Secretary requesting a rule that a 

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1 naces, boilers, or central air conditioners become ef2 fective at a level determined by the Secretary to be 

3 appropriate for the region that includes the State. 

4 ‘‘(3) RULE.—Subject to paragraphs (4) through 

5 (7), the Secretary may issue the rule during the pe6 riod described in paragraph (4) and after consider7 ation of the petition and the comments of interested 

8 persons. 

9 ‘‘(4) PROCEDURE.— 

10 ‘‘(A) NOTICE.—The Secretary shall pro11 vide notice of any petition filed under para12 graph (2) and afford interested persons a rea13 sonable opportunity to make written comments, 

14 including rebuttal comments, on the petition. 

15 ‘‘(B) DECISION.—Except as provided in 

16 subparagraph (C), during the 180-day period 

17 beginning on the date on which the petition is 

18 filed, the Secretary shall issue the requested 

19 rule or deny the petition. 

20 ‘‘(C) EXTENSION.—The Secretary may 

21 publish in the Federal Register a notice— 

22 ‘‘(i) extending the period to a speci23 fied date, but not longer than 1 year after 

24 the date on which the petition is filed; and 

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1 ‘‘(ii) describing the reasons for the 

2 delay. 

3 ‘‘(D) DENIALS.—If the Secretary denies a 

4 petition under this subsection, the Secretary 

5 shall publish in the Federal Register notice of, 

6 and the reasons for, the denial. 

7 ‘‘(5) FINDING OF SIGNIFICANT BURDEN ON

8 MANUFACTURING, MARKETING, DISTRIBUTION, SALE, 

9 OR SERVICING OF COVERED PRODUCT ON NATIONAL

10 BASIS.— 

11 ‘‘(A) IN GENERAL.—The Secretary may 

12 not issue a rule under this subsection if the 

13 Secretary finds (and publishes the finding) that 

14 interested persons have established, by a pre15 ponderance of the evidence, that the State regu16 lation will significantly burden manufacturing, 

17 marketing, distribution, sale, or servicing of a 

18 covered product on a national basis. 

19 ‘‘(B) FACTORS.—In determining whether 

20 to make a finding described in subparagraph 

21 (A), the Secretary shall evaluate all relevant 

22 factors, including— 

23 ‘‘(i) the extent to which the State reg24 ulation will increase manufacturing or dismstockstill on PROD1PC66 with BILLS

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1 tribution costs of manufacturers, distribu2 tors, and others; 

3 ‘‘(ii) the extent to which the State 

4 regulation will disadvantage smaller manu5 facturers, distributors, or dealers or lessen 

6 competition in the sale of the covered prod7 uct in the State; and 

8 ‘‘(iii) the extent to which the State 

9 regulation would cause a burden to manu10 facturers to redesign and produce the cov11 ered product type (or class), taking into 

12 consideration the extent to which the regu13 lation would result in a reduction— 

14 ‘‘(I) in the current models, or in 

15 the projected availability of models, 

16 that could be shipped on the effective 

17 date of the regulation to the State 

18 and within the United States; or 

19 ‘‘(II) in the current or projected 

20 sales volume of the covered product 

21 type (or class) in the State and the 

22 United States. 

23 ‘‘(6) APPLICATION.—No State regulation shall 

24 become effective under this subsection with respect 

25 to any covered product manufactured before the date 

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1 specified in the determination made by the Secretary 

2 under paragraph (1). 

3 ‘‘(7) PETITION TO WITHDRAW FEDERAL RULE

4 FOLLOWING AMENDMENT OF FEDERAL STAND5 ARD.— 

6 ‘‘(A) IN GENERAL.—If a State has issued 

7 a rule under paragraph (3) with respect to a 

8 covered product and subsequently a Federal en9 ergy conservation standard concerning the prod10 uct is amended pursuant to section 325, any 

11 person subject to the State regulation may file 

12 a petition with the Secretary requesting the 

13 Secretary to withdraw the rule issued under 

14 paragraph (3) with respect to the product in 

15 the State. 

16 ‘‘(B) BURDEN OF PROOF.—The Secretary 

17 shall consider the petition in accordance with 

18 paragraph (5) and the burden shall be on the 

19 petitioner to show by a preponderance of the 

20 evidence that the rule received by the State 

21 under paragraph (3) should be withdrawn as a 

22 result of the amendment to the Federal stand23 ard. 

24 ‘‘(C) WITHDRAWAL.—If the Secretary de25 termines that the petitioner has shown that the 

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1 rule issued by the Secretary under paragraph 

2 (3) should be withdrawn in accordance with 

3 subparagraph (B), the Secretary shall withdraw 

4 the rule.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 327 of the Energy Policy and Con7 servation Act (42 U.S.C. 6297) is amended— 

8 (A) in subsection (b)— 

9 (i) in paragraph (2), by striking ‘‘sub10 section (e)’’ and inserting ‘‘subsection (f)’’; 

11 and 

12 (ii) in paragraph (3)— 

13 (I) by striking ‘‘subsection 

14 (f)(1)’’ and inserting ‘‘subsection 

15 (g)(1)’’; and 

16 (II) by striking ‘‘subsection 

17 (f)(2)’’ and inserting ‘‘subsection 

18 (g)(2)’’; and 

19 (B) in subsection (c)(3), by striking ‘‘sub20 section (f)(3)’’ and inserting ‘‘subsection 

21 (g)(3)’’. 

22 (2) Section 345(b)(2) of the Energy Policy and 

23 Conservation Act (42 U.S.C. 6316(b)(2)) is amend24 ed by adding at the end the following: 

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1 ‘‘(E) RELATIONSHIP TO CERTAIN STATE

2 REGULATIONS.—Notwithstanding subparagraph 

3 (A), a standard prescribed or established under 

4 section 342(a) with respect to the equipment 

5 specified in subparagraphs (B), (C), (D), (H), 

6 (I), and (J) of section 340 shall not supersede 

7 a State regulation that is effective under the 

8 terms, conditions, criteria, procedures, and 

9 other requirements of section 327(e).’’. 

10 SEC. 223. FURNACE FAN RULEMAKING. 

11 Section 325(f)(3) of the Energy Policy and Conserva12 tion Act (42 U.S.C. 6295(f)(3)) is amended by adding at 

13 the end the following: 

14 ‘‘(E) FINAL RULE.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall publish a final rule to carry out this 

17 subsection not later than December 31, 

18 2014. 

19 ‘‘(ii) CRITERIA.—The standards shall 

20 meet the criteria established under sub21 section (o).’’. 

22 SEC. 224. EXPEDITED RULEMAKINGS. 

23 Section 325 of the Energy Policy and Conservation 

24 Act (42 U.S.C. 6295) is amended by adding at the end 

25 the following: 

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1 ‘‘(hh) EXPEDITED RULEMAKING FOR CONSENSUS

2 STANDARDS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall con4 duct an expedited rulemaking based on an energy 

5 conservation standard or test procedure rec6 ommended by interested persons, if— 

7 ‘‘(A) the interested persons (demonstrating 

8 significant and broad support from manufactur9 ers of a covered product, States, utilities, and 

10 environmental, energy efficiency, and consumer 

11 advocates) submit a joint comment or petition 

12 recommending a consensus energy conservation 

13 standard or test procedure; and 

14 ‘‘(B) the Secretary determines that the 

15 joint comment or petition includes evidence that 

16 (assuming no other evidence were considered) 

17 provides an adequate basis for determining that 

18 the proposed consensus energy conservation 

19 standard or test procedure proposed in the joint 

20 comment or petition complies with the provi21 sions and criteria of this Act (including sub22 section (o)) that apply to the type or class of 

23 covered products covered by the joint comment 

24 or petition. 

25 ‘‘(2) PROCEDURE.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding sub2 section (p) or section 336(a), if the Secretary 

3 receives a joint comment or petition that meets 

4 the criteria described in paragraph (1), the Sec5 retary shall conduct an expedited rulemaking 

6 with respect to the standard or test procedure 

7 proposed in the joint comment or petition in ac8 cordance with this paragraph. 

9 ‘‘(B) ADVANCED NOTICE OF PROPOSED

10 RULEMAKING.—If no advanced notice of pro11 posed rulemaking has been issued under sub12 section (p)(1) with respect to the rulemaking 

13 covered by the joint comment or petition, the 

14 requirements of subsection (p) with respect to 

15 the issuance of an advanced notice of proposed 

16 rulemaking shall not apply. 

17 ‘‘(C) PUBLICATION OF DETERMINATION.— 

18 Not later than 60 days after receipt of a joint 

19 comment or petition described in paragraph 

20 (1)(A), the Secretary shall publish a description 

21 of a determination as to whether the proposed 

22 standard or test procedure covered by the joint 

23 comment or petition meets the criteria de24 scribed in paragraph (1). 

25 ‘‘(D) PROPOSED RULE.— 

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1 ‘‘(i) PUBLICATION.—If the Secretary 

2 determines that the proposed consensus 

3 standard or test procedure covered by the 

4 joint comment or petition meets the cri5 teria described in paragraph (1), not later 

6 than 30 days after the determination, the 

7 Secretary shall publish a proposed rule 

8 proposing the consensus standard or test 

9 procedure covered by the joint comment or 

10 petition. 

11 ‘‘(ii) PUBLIC COMMENT PERIOD.— 

12 Notwithstanding paragraphs (2) and (3) of 

13 subsection (p), the public comment period 

14 for the proposed rule shall be the 30–day 

15 period beginning on the date of the publi16 cation of the proposed rule in the Federal 

17 Register. 

18 ‘‘(iii) PUBLIC HEARING.—Notwith19 standing section 336(a), the Secretary may 

20 waive the holding of a public hearing with 

21 respect to the proposed rule. 

22 ‘‘(E) FINAL RULE.—Notwithstanding sub23 section (p)(4), the Secretary— 

24 ‘‘(i) may publish a final rule at any 

25 time after the 60-day period beginning on 

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1 the date of publication of the proposed rule 

2 in the Federal Register; and 

3 ‘‘(ii) shall publish a final rule not 

4 later than 120 days after the date of publi5 cation of the proposed rule in the Federal 

6 Register.’’. 

7 SEC. 225. PERIODIC REVIEWS. 

8 (a) TEST PROCEDURES.—Section 323(b)(1) of the 

9 Energy Policy and Conservation Act (42 U.S.C. 

10 6293(b)(1)) is amended by striking ‘‘(1)’’ and all that fol11 lows through the end of the paragraph and inserting the 

12 following: 

13 ‘‘(1) TEST PROCEDURES.— 

14 ‘‘(A) AMENDMENT.—At least once every 7 

15 years, the Secretary shall review test procedures 

16 for all covered products and— 

17 ‘‘(i) amend test procedures with re18 spect to any covered product, if the Sec19 retary determines that amended test proce20 dures would more accurately or fully com21 ply with the requirements of paragraph 

22 (3); or 

23 ‘‘(ii) publish notice in the Federal 

24 Register of any determination not to 

25 amend a test procedure.’’. 

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1 (b) ENERGY CONSERVATION STANDARDS.—Section 

2 325 of the Energy Policy and Conservation Act (42 U.S.C. 

3 6295) is amended by striking subsection (m) and inserting 

4 the following: 

5 ‘‘(m) FURTHER RULEMAKING.— 

6 ‘‘(1) IN GENERAL.—After issuance of the last 

7 final rules required for a product under this part, 

8 the Secretary shall, not later than 5 years after the 

9 date of issuance of a final rule establishing or 

10 amending a standard or determining not to amend 

11 a standard, publish a final rule to determine whether 

12 standards for the product should be amended based 

13 on the criteria described in subsection (n)(2). 

14 ‘‘(2) ANALYSIS.—Prior to publication of the de15 termination, the Secretary shall publish a notice of 

16 availability describing the analysis of the Depart17 ment and provide opportunity for written comment. 

18 ‘‘(3) FINAL RULE.—Not later than 3 years 

19 after a positive determination under paragraph (1), 

20 the Secretary shall publish a final rule amending the 

21 standard for the product. 

22 ‘‘(4) APPLICATION OF AMENDMENT.—An 

23 amendment prescribed under this subsection shall 

24 apply to a product manufactured after a date that 

25 is 5 years after— 

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1 ‘‘(A) the effective date of the previous 

2 amendment made pursuant to this part; or 

3 ‘‘(B) if the previous final rule published 

4 under this part did not amend the standard, the 

5 earliest date by which a previous amendment 

6 could have been in effect, except that in no case 

7 may an amended standard apply to products 

8 manufactured within 3 years after publication 

9 of the final rule establishing a standard.’’. 

10 (c) STANDARDS.—Section 342(a) of the Energy Pol11 icy and Conservation Act (42 U.S.C. 6313(a)) is amended 

12 by striking paragraph (6) and inserting the following: 

13 ‘‘(6) AMENDED ENERGY EFFICIENCY STAND14 ARDS.— 

15 ‘‘(A) ANALYSIS OF POTENTIAL ENERGY

16 SAVINGS.—If ASHRAE/IES Standard 90.1 is 

17 amended with respect to any small commercial 

18 package air conditioning and heating equip19 ment, large commercial package air condi20 tioning and heating equipment, packaged ter21 minal central and commercial air conditioners, 

22 packaged terminal heat pumps, warm-air fur23 naces, packaged boilers, storage water heaters, 

24 instantaneous water heaters, or unfired hot 

25 water storage tanks, not later than 180 days 

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1 after the amendment of the standard, the Sec2 retary shall publish in the Federal Register for 

3 public comment an analysis of the energy sav4 ings potential of amended energy efficiency 

5 standards. 

6 ‘‘(B) AMENDED UNIFORM NATIONAL

7 STANDARD FOR PRODUCTS.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), not later than 18 

10 months after the date of publication of the 

11 amendment to the ASHRAE/IES Standard 

12 90.1 for a product described in subpara13 graph (A), the Secretary shall establish an 

14 amended uniform national standard for the 

15 product at the minimum level for the appli16 cable effective date specified in the amend17 ed ASHRAE/IES Standard 90.1. 

18 ‘‘(ii) MORE STRINGENT STANDARD.— 

19 Clause (i) shall not apply if the Secretary 

20 determines, by rule published in the Fed21 eral Register, and supported by clear and 

22 convincing evidence, that adoption of a 

23 uniform national standard more stringent 

24 than the amended ASHRAE/IES Standard 

25 90.1 for the product would result in sigmstockstill on PROD1PC66 with BILLS

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1 nificant additional conservation of energy 

2 and is technologically feasible and economi3 cally justified. 

4 ‘‘(C) RULE.—If the Secretary makes a de5 termination described in subparagraph (B)(ii) 

6 for a product described in subparagraph (A), 

7 not later than 30 months after the date of pub8 lication of the amendment to the ASHRAE/IES 

9 Standard 90.1 for the product, the Secretary 

10 shall issue the rule establishing the amended 

11 standard. 

12 ‘‘(D) AMENDMENT OF STANDARDS.— 

13 ‘‘(i) IN GENERAL.—After issuance of 

14 the most recent final rule for a product 

15 under this subsection, not later than 5 

16 years after the date of issuance of a final 

17 rule establishing or amending a standard 

18 or determining not to amend a standard, 

19 the Secretary shall publish a final rule to 

20 determine whether standards for the prod21 uct should be amended based on the cri22 teria described in subparagraph (A). 

23 ‘‘(ii) ANALYSIS.—Prior to publication 

24 of the determination, the Secretary shall 

25 publish a notice of availability describing 

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1 the analysis of the Department and pro2 vide opportunity for written comment. 

3 ‘‘(iii) FINAL RULE.—Not later than 3 

4 years after a positive determination under 

5 clause (i), the Secretary shall publish a 

6 final rule amending the standard for the 

7 product.’’. 

8 (d) TEST PROCEDURES.—Section 343(a) of the En9 ergy Policy and Conservation Act (42 U.S.C. 6313(a)) is 

10 amended by striking ‘‘(a)’’ and all that follows through 

11 the end of paragraph (1) and inserting the following: 

12 ‘‘(a) PRESCRIPTION BY SECRETARY; REQUIRE13 MENTS.— 

14 ‘‘(1) TEST PROCEDURES.— 

15 ‘‘(A) AMENDMENT.—At least once every 7 

16 years, the Secretary shall conduct an evaluation 

17 of each class of covered equipment and— 

18 ‘‘(i) if the Secretary determines that 

19 amended test procedures would more accu20 rately or fully comply with the require21 ments of paragraphs (2) and (3), shall pre22 scribe test procedures for the class in ac23 cordance with this section; or 

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1 ‘‘(ii) shall publish notice in the Fed2 eral Register of any determination not to 

3 amend a test procedure.’’. 

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

5 subsections (b) and (c) take effect on January 1, 2012. 

6 SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER 

7 PRODUCTS. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of this Act or not later than 18 months 

10 after test procedures have been developed for a consumer 

11 electronics product category described in subsection (b), 

12 whichever is later, the Federal Trade Commission, in con13 sultation with the Secretary and the Administrator of the 

14 Environmental Protection Agency shall promulgate regu15 lations, in accordance with the Energy Star program and 

16 in a manner that minimizes, to the maximum extent prac17 ticable, duplication with respect to the requirements of 

18 that program and other national and international energy 

19 labeling programs, to add the consumer electronics prod20 uct categories described in subsection (b) to the Energy 

21 Guide labeling program of the Commission. 

22 (b) CONSUMER ELECTRONICS PRODUCT CAT23 EGORIES.—The consumer electronics product categories 

24 referred to in subsection (a) are the following: 

25 (1) Televisions. 

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1 (2) Personal computers. 

2 (3) Cable or satellite set-top boxes. 

3 (4) Stand-alone digital video recorder boxes. 

4 (5) Computer monitors. 

5 (c) LABEL PLACEMENT.—The regulations shall in6 clude specific requirements for each product on the place7 ment of Energy Guide labels. 

8 (d) DEADLINE FOR LABELING.—Not later than 1 

9 year after the date of promulgation of regulations under 

10 subsection (a), the Commission shall require labeling elec11 tronic products described in subsection (b) in accordance 

12 with this section (including the regulations). 

13 (e) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT

14 CATEGORIES.—The Commission may add additional prod15 uct categories to the Energy Guide labeling program if 

16 the product categories include products, as determined by 

17 the Commission— 

18 (1) that have an annual energy use in excess of 

19 100 kilowatt hours per year; and 

20 (2) for which there is a significant difference in 

21 energy use between the most and least efficient 

22 products. 

23 SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS. 

24 Section 325(f) of the Energy Policy and Conservation 

25 Act (42 U.S.C. 6295(f)) is amended— 

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1 (1) by redesignating paragraph (3) as para2 graph (4); and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) BOILERS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graphs (B) and (C), boilers manufactured on or 

8 after September 1, 2012, shall meet the fol9 lowing requirements: 

Boiler Type 

Minimum 

Annual Fuel 

Utilization 

Efficiency 

Design Requirements 

Gas Hot Water 82% No Constant Burning Pilot, 

Automatic Means for Adjusting Water Temperature 

Gas Steam 80% No Constant Burning Pilot 

Oil Hot Water 84% Automatic Means for 

Adjusting Temperature 

Oil Steam 82% None 

Electric Hot Water None Automatic Means for 

Adjusting Temperature 

Electric Steam None None 

10 ‘‘(B) PILOTS.—The manufacturer shall not 

11 equip gas hot water or steam boilers with con12 stant-burning pilot lights. 

13 ‘‘(C) AUTOMATIC MEANS FOR ADJUSTING

14 WATER TEMPERATURE.— 

15 ‘‘(i) IN GENERAL.—The manufacturer 

16 shall equip each gas, oil, and electric hot 

17 water boiler (other than a boiler equipped 

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1 with tankless domestic water heating coils) 

2 with an automatic means for adjusting the 

3 temperature of the water supplied by the 

4 boiler to ensure that an incremental 

5 change in inferred heat load produces a 

6 corresponding incremental change in the 

7 temperature of water supplied. 

8 ‘‘(ii) CERTAIN BOILERS.—For a boiler 

9 that fires at 1 input rate, the requirements 

10 of this subparagraph may be satisfied by 

11 providing an automatic means that allows 

12 the burner or heating element to fire only 

13 when the means has determined that the 

14 inferred heat load cannot be met by the re15 sidual heat of the water in the system. 

16 ‘‘(iii) NO INFERRED HEAT LOAD.— 

17 When there is no inferred heat load with 

18 respect to a hot water boiler, the automatic 

19 means described in clauses (i) and (ii) 

20 shall limit the temperature of the water in 

21 the boiler to not more than 140 degrees 

22 Fahrenheit. 

23 ‘‘(iv) OPERATION.—A boiler described 

24 in clause (i) or (ii) shall be operable only 

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1 when the automatic means described in 

2 clauses (i), (ii), and (iii) is installed.’’. 

3 SEC. 228. TECHNICAL CORRECTIONS. 

4 (a) DEFINITION OF FLUORESCENT LAMP.—Section 

5 321(30)(B)(viii) of the Energy Policy and Conservation 

6 Act (42 U.S.C. 6291(30)(B)(viii)) is amended by striking 

7 ‘‘82’’ and inserting ‘‘87’’. 

8 (b) STANDARDS FOR COMMERCIAL PACKAGE AIR

9 CONDITIONING AND HEATING EQUIPMENT.—Section 

10 342(a)(1) of the Energy Policy and Conservation Act (42 

11 U.S.C. 6313(a)(1)) is amended in the matter preceding 

12 subparagraph (A) by striking ‘‘but before January 1, 

13 2010,’’. 

14 (c) MERCURY VAPOR LAMP BALLASTS.— 

15 (1) DEFINITIONS.—Section 321 of the Energy 

16 Policy and Conservation Act (42 U.S.C. 6291) (as 

17 amended by section 212(a)(2)) is amended— 

18 (A) in paragraph (46)(A)— 

19 (i) in clause (i), by striking ‘‘bulb’’ 

20 and inserting ‘‘the arc tube’’; and 

21 (ii) in clause (ii), by striking ‘‘has a 

22 bulb’’ and inserting ‘‘wall loading is’’; 

23 (B) in paragraph (47)(A), by striking ‘‘op24 erating at a partial’’ and inserting ‘‘typically 

25 operating at a partial vapor’’; 

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1 (C) in paragraph (48), by inserting ‘‘in2 tended for general illumination’’ after ‘‘lamps’’; 

3 and 

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

5 ‘‘(56) The term ‘specialty application mercury 

6 vapor lamp ballast’ means a mercury vapor lamp 

7 ballast that— 

8 ‘‘(A) is designed and marketed for medical 

9 use, optical comparators, quality inspection, in10 dustrial processing, or scientific use, including 

11 fluorescent microscopy, ultraviolet curing, and 

12 the manufacture of microchips, liquid crystal 

13 displays, and printed circuit boards; and 

14 ‘‘(B) in the case of a specialty application 

15 mercury vapor lamp ballast, is labeled as a spe16 cialty application mercury vapor lamp ballast.’’. 

17 (2) STANDARD SETTING AUTHORITY.—Section 

18 325(ee) of the Energy Policy and Conservation Act 

19 (42 U.S.C. 6295(ee)) is amended by inserting 

20 ‘‘(other than specialty application mercury vapor 

21 lamp ballasts)’’ after ‘‘ballasts’’. 

22 SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS. 

23 (a) DEFINITIONS.—Section 340(13) of the Energy 

24 Policy and Conservation Act (42 U.S.C. 6311(13)) is 

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1 amended by striking subparagraph (A) and inserting the 

2 following: 

3 ‘‘(A)(i) The term ‘electric motor’ means— 

4 ‘‘(I) a general purpose electric motor— 

5 subtype I; and 

6 ‘‘(II) a general purpose electric motor— 

7 subtype II. 

8 ‘‘(ii) The term ‘general purpose electric 

9 motor—subtype I’ means any motor that is consid10 ered a general purpose motor under section 431.12 

11 of title 10, Code of Federal Regulations (or suc12 cessor regulations). 

13 ‘‘(iii) The term ‘general purpose electric 

14 motor—subtype II’ means a motor that, in addition 

15 to the design elements for a general purpose electric 

16 motor—subtype I, incorporates the design elements 

17 (as established in National Electrical Manufacturers 

18 Association MG–1 (2006)) for any of the following: 

19 ‘‘(I) A U–Frame Motor. 

20 ‘‘(II) A Design C Motor. 

21 ‘‘(III) A close-coupled pump motor. 

22 ‘‘(IV) A footless motor. 

23 ‘‘(V) A vertical solid shaft normal thrust 

24 (tested in a horizontal configuration). 

25 ‘‘(VI) An 8-pole motor. 

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1 ‘‘(VII) A poly-phase motor with voltage of 

2 not more than 600 volts (other than 230 or 460 

3 volts).’’. 

4 (b) STANDARDS.—Section 342(b) of the Energy Pol5 icy and Conservation Act (42 U.S.C. 6313(13)) is amend6 ed by striking paragraph (1) and inserting the following: 

7 ‘‘(1) STANDARDS.— 

8 ‘‘(A) GENERAL PURPOSE ELECTRIC MO9 TORS—SUBTYPE I.— 

10 ‘‘(i) IN GENERAL.—Except as other11 wise provided in this subparagraph, a gen12 eral purpose electric motor—subtype I 

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

14 not more than 200, horsepower manufac15 tured (alone or as a component of another 

16 piece of equipment) after the 3-year period 

17 beginning on the date of enactment of this 

18 subparagraph, shall have a nominal full 

19 load efficiency established in Table 12–12 

20 of National Electrical Manufacturers Asso21 ciation (referred to in this paragraph as 

22 ‘NEMA’) MG–1 (2006). 

23 ‘‘(ii) FIRE PUMP MOTORS.—A fire 

24 pump motor shall have a nominal full load 

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1 efficiency established in Table 12–11 of 

2 NEMA MG–1 (2006). 

3 ‘‘(B) GENERAL PURPOSE ELECTRIC MO4 TORS—SUBTYPE II.—A general purpose electric 

5 motor—subtype II with a power rating of not 

6 less than 1, and not more than 200, horsepower 

7 manufactured (alone or as a component of an8 other piece of equipment) after the 3-year pe9 riod beginning on the date of enactment of this 

10 subparagraph, shall have a nominal full load ef11 ficiency established in Table 12–11 of NEMA 

12 MG–1 (2006). 

13 ‘‘(C) DESIGN B, GENERAL PURPOSE ELEC14 TRIC MOTORS.—A NEMA Design B, general 

15 purpose electric motor with a power rating of 

16 not less than 201, and not more than 500, 

17 horsepower manufactured (alone or as a compo18 nent of another piece of equipment) after the 3- 

19 year period beginning on the date of the enact20 ment of this subparagraph shall have a nominal 

21 full load efficiency established in Table 12–11 

22 of NEMA MG–1 (2006).’’. 

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

24 this section take effect on the date that is 3 years after 

25 the date of enactment of this Act. 

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1 SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES. 

2 (a) DEFINITION OF ENERGY CONSERVATION STAND3 ARD.—Section 321(6)(A) of the Energy Policy and Con4 servation Act (42 U.S.C. 6291(6)(A)) is amended by strik5 ing ‘‘or, in the case of’’ and inserting ‘‘and, in the case 

6 of residential clothes washers, residential dishwashers,’’. 

7 (b) REFRIGERATORS, REFRIGERATOR-FREEZERS, 

8 AND FREEZERS.—Section 325(b) of the Energy Policy 

9 and Conservation Act (42 U.S.C. 6295(b)) is amended by 

10 adding at the end the following: 

11 ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ12 ERS, AND FREEZERS MANUFACTURED ON OR AFTER

13 JANUARY 1, 2014.—Not later than December 31, 

14 2010, the Secretary shall publish a final rule deter15 mining whether to amend the standards in effect for 

16 refrigerators, refrigerator-freezers, and freezers 

17 manufactured on or after January 1, 2014, and in18 cluding any amended standards.’’. 

19 (c) RESIDENTIAL CLOTHES WASHERS AND DISH20 WASHERS.—Section 325(g)(4) of the Energy Policy and 

21 Conservation Act (42 U.S.C. 6295(g)(4)) is amended by 

22 adding at the end the following: 

23 ‘‘(D) CLOTHES WASHERS.— 

24 ‘‘(i) CLOTHES WASHERS MANUFAC25 TURED ON OR AFTER JANUARY 1, 2011.— 

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1 A residential clothes washer manufactured 

2 on or after January 1, 2011, shall have— 

3 ‘‘(I) a modified energy factor of 

4 at least 1.26; and 

5 ‘‘(II) a water factor of not more 

6 than 9.5. 

7 ‘‘(ii) CLOTHES WASHERS MANUFAC8 TURED ON OR AFTER JANUARY 1, 2012.— 

9 Not later than January 1, 2012, the Sec10 retary shall publish a final rule deter11 mining whether to amend the standards in 

12 effect for residential clothes washers manu13 factured on or after January 1, 2012, and 

14 including any amended standards. 

15 ‘‘(E) DISHWASHERS.— 

16 ‘‘(i) DISHWASHERS MANUFACTURED

17 ON OR AFTER JANUARY 1, 2010.—A dish18 washer manufactured on or after January 

19 1, 2010, shall use not more than— 

20 ‘‘(I) in the case of a standard21 size dishwasher, 355 kWh per year or 

22 6.5 gallons of water per cycle; and 

23 ‘‘(II) in the case of a compact24 size dishwasher, 260 kWh per year or 

25 4.5 gallons of water per cycle. 

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1 ‘‘(ii) DISHWASHERS MANUFACTURED

2 ON OR AFTER JANUARY 1, 2018.—Not later 

3 than January 1, 2015, the Secretary shall 

4 publish a final rule determining whether to 

5 amend the standards for dishwashers man6 ufactured on or after January 1, 2018, 

7 and including any amended standards.’’. 

8 (d) DEHUMIDIFIERS.—Section 325(cc) of the Energy 

9 Policy and Conservation Act (42 U.S.C. 6295(cc)) is 

10 amended— 

11 (1) in paragraph (1), by inserting ‘‘and before 

12 October 1, 2012,’’ after ‘‘2007,’’; and 

13 (2) by striking paragraph (2) and inserting the 

14 following: 

15 ‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR

16 AFTER OCTOBER 1, 2012.—Dehumidifiers manufac17 tured on or after October 1, 2012, shall have an En18 ergy Factor that meets or exceeds the following val19 ues: 

Product Capacity (pints/day): Minimum Energy 

Factor liters/kWh 

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

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

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

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

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

20 (e) ENERGY STAR PROGRAM.—Section 324A(d)(2) of 

21 the Energy Policy and Conservation Act (42 U.S.C. 

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1 6294a(d)(2)) is amended by striking ‘‘2010’’ and inserting 

2 ‘‘2009’’. 

3 SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLI4 ANCES AND BUILDINGS IN COLD CLIMATES. 

5 (a) RESEARCH.—Section 911(a)(2) of the Energy 

6 Policy Act of 2005 (42 U.S.C. 16191(a)(2)) is amended— 

7 (1) in subparagraph (C), by striking ‘‘and’’ at 

8 the end; 

9 (2) in subparagraph (D), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

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

12 ‘‘(E) technologies to improve the energy ef13 ficiency of appliances and mechanical systems 

14 for buildings in cold climates, including com15 bined heat and power units and increased use 

16 of renewable resources, including fuel.’’. 

17 (b) REBATES.—Section 124 of the Energy Policy Act 

18 of 2005 (42 U.S.C. 15821) is amended— 

19 (1) in subsection (b)(1), by inserting ‘‘, or prod20 ucts with improved energy efficiency in cold cli21 mates,’’ after ‘‘residential Energy Star products’’; 

22 and 

23 (2) in subsection (e), by inserting ‘‘or product 

24 with improved energy efficiency in a cold climate’’ 

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1 after ‘‘residential Energy Star product’’ each place 

2 it appears. 

3 SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR 

4 HIGH-EFFICIENCY CONSUMER PRODUCTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ENERGY SAVINGS.—The term ‘‘energy sav7 ings’’ means megawatt-hours of electricity or million 

8 British thermal units of natural gas saved by a 

9 product, in comparison to projected energy consump10 tion under the energy efficiency standard applicable 

11 to the product. 

12 (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— 

13 The term ‘‘high-efficiency consumer product’’ means 

14 a product that exceeds the energy efficiency of com15 parable products available in the market by a per16 centage determined by the Secretary to be an appro17 priate benchmark for the consumer product category 

18 competing for an award under this section. 

19 (b) FINANCIAL INCENTIVES PROGRAM.—Effective 

20 beginning October 1, 2007, the Secretary shall competi21 tively award financial incentives under this section for the 

22 manufacture of high-efficiency consumer products. 

23 (c) REQUIREMENTS.— 

24 (1) IN GENERAL.—The Secretary shall make 

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1 efficiency consumer products, based on the bid of 

2 each manufacturer in terms of dollars per megawatt3 hour or million British thermal units saved. 

4 (2) ACCEPTANCE OF BIDS.—In making awards 

5 under this section, the Secretary shall— 

6 (A) solicit bids for reverse auction from 

7 appropriate manufacturers, as determined by 

8 the Secretary; and 

9 (B) award financial incentives to the man10 ufacturers that submit the lowest bids that 

11 meet the requirements established by the Sec12 retary. 

13 (d) FORMS OF AWARDS.—An award for a high-effi14 ciency consumer product under this section shall be in the 

15 form of a lump sum payment in an amount equal to the 

16 product obtained by multiplying— 

17 (1) the amount of the bid by the manufacturer 

18 of the high-efficiency consumer product; and 

19 (2) the energy savings during the projected use20 ful life of the high-efficiency consumer product, not 

21 to exceed 10 years, as determined under regulations 

22 issued by the Secretary. 

23 SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM. 

24 (a) DEFINITIONS.—In this section: 

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1 (1) ELIGIBLE ENTITY.—The term eligible entity 

2 means— 

3 (A) an institution of higher education 

4 under contract or in partnership with a non5 profit or for-profit private entity acting on be6 half of an industrial or commercial sector or 

7 subsector; 

8 (B) a nonprofit or for-profit private entity 

9 acting on behalf on an industrial or commercial 

10 sector or subsector; or 

11 (C) a consortia of entities acting on behalf 

12 of an industrial or commercial sector or sub13 sector. 

14 (2) ENERGY-INTENSIVE COMMERCIAL APPLICA15 TIONS.—The term ‘‘energy-intensive commercial ap16 plications’’ means processes and facilities that use 

17 significant quantities of energy as part of the pri18 mary economic activities of the processes and facili19 ties, including— 

20 (A) information technology data centers; 

21 (B) product manufacturing; and 

22 (C) food processing. 

23 (3) FEEDSTOCK.—The term ‘‘feedstock’’ means 

24 the raw material supplied for use in manufacturing, 

25 chemical, and biological processes. 

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1 (4) MATERIALS MANUFACTURERS.—The term 

2 ‘‘materials manufacturers’’ means the energy-inten3 sive primary manufacturing industries, including the 

4 aluminum, chemicals, forest and paper products, 

5 glass, metal casting, and steel industries. 

6 (5) PARTNERSHIP.—The term ‘‘partnership’’ 

7 means an energy efficiency and utilization partner8 ship established under subsection (c)(1)(A). 

9 (6) PROGRAM.—The term ‘‘program’’ means 

10 the industrial efficiency program established under 

11 subsection (b). 

12 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

13 shall establish a program under which the Secretary, in 

14 cooperation with materials manufacturers, companies en15 gaged in energy-intensive commercial applications, and 

16 national industry trade associations representing the man17 ufactures and companies, shall support, develop, and pro18 mote the use of new materials manufacturing and indus19 trial and commercial processes, technologies, and tech20 niques to optimize energy efficiency and the economic 

21 competitiveness of the United States. 

22 (c) PARTNERSHIPS.— 

23 (1) IN GENERAL.—As part of the program, the 

24 Secretary shall— 

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1 (A) establish energy efficiency and utiliza2 tion partnerships between the Secretary and eli3 gible entities to conduct research on, develop, 

4 and demonstrate new processes, technologies, 

5 and operating practices and techniques to sig6 nificantly improve energy efficiency and utiliza7 tion by materials manufacturers and in energy8 intensive commercial applications, including the 

9 conduct of activities to— 

10 (i) increase the energy efficiency of in11 dustrial and commercial processes and fa12 cilities in energy-intensive commercial ap13 plication sectors; 

14 (ii) research, develop, and dem15 onstrate advanced technologies capable of 

16 energy intensity reductions and increased 

17 environmental performance in energy-in18 tensive commercial application sectors; and 

19 (iii) promote the use of the processes, 

20 technologies, and techniques described in 

21 clauses (i) and (ii); and 

22 (B) pay the Federal share of the cost of 

23 any eligible partnership activities for which a 

24 proposal has been submitted and approved in 

25 accordance with paragraph (3)(B). 

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1 (2) ELIGIBLE ACTIVITIES.—Partnership activi2 ties eligible for financial assistance under this sub3 section include— 

4 (A) feedstock and recycling research, devel5 opment, and demonstration activities to identify 

6 and promote— 

7 (i) opportunities for meeting manufac8 turing feedstock requirements with more 

9 energy efficient and flexible sources of 

10 feedstock or energy supply; 

11 (ii) strategies to develop and deploy 

12 technologies that improve the quality and 

13 quantity of feedstocks recovered from proc14 ess and waste streams; and 

15 (iii) other methods using recycling, 

16 reuse, and improved industrial materials; 

17 (B) industrial and commercial energy effi18 ciency and sustainability assessments to— 

19 (i) assist individual industrial and 

20 commercial sectors in developing tools, 

21 techniques, and methodologies to assess— 

22 (I) the unique processes and fa23 cilities of the sectors; 

24 (II) the energy utilization re25 quirements of the sectors; and 

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1 (III) the application of new, more 

2 energy efficient technologies; and 

3 (ii) conduct energy savings assess4 ments; 

5 (C) the incorporation of technologies and 

6 innovations that would significantly improve the 

7 energy efficiency and utilization of energy-inten8 sive commercial applications; and 

9 (D) any other activities that the Secretary 

10 determines to be appropriate. 

11 (3) PROPOSALS.— 

12 (A) IN GENERAL.—To be eligible for finan13 cial assistance under this subsection, a partner14 ship shall submit to the Secretary a proposal 

15 that describes the proposed research, develop16 ment, or demonstration activity to be conducted 

17 by the partnership. 

18 (B) REVIEW.—After reviewing the sci19 entific, technical, and commercial merit of a 

20 proposals submitted under subparagraph (A), 

21 the Secretary shall approve or disapprove the 

22 proposal. 

23 (C) COMPETITIVE AWARDS.—The provision 

24 of financial assistance under this subsection 

25 shall be on a competitive basis. 

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1 (4) COST-SHARING REQUIREMENT.—In carrying 

2 out this section, the Secretary shall require cost 

3 sharing in accordance with section 988 of the En4 ergy Policy Act of 2005 (42 U.S.C. 16352). 

5 (d) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated to the Secretary to carry out this sec8 tion— 

9 (A) $184,000,000 for fiscal year 2008; 

10 (B) $190,000,000 for fiscal year 2009; 

11 (C) $196,000,000 for fiscal year 2010; 

12 (D) $202,000,000 for fiscal year 2011; 

13 (E) $208,000,000 for fiscal year 2012; and 

14 (F) such sums as are necessary for fiscal 

15 year 2013 and each fiscal year thereafter. 

16 (2) PARTNERSHIP ACTIVITIES.—Of the 

17 amounts made available under paragraph (1), not 

18 less than 50 percent shall be used to pay the Fed19 eral share of partnership activities under subsection 

20 (c). 

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1 Subtitle C—Promoting High Effi2 ciency Vehicles, Advanced Bat3 teries, and Energy Storage 

4 SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DE5 VELOPMENT. 

6 (a) IN GENERAL.—As soon as practicable after the 

7 date of enactment of this Act, the Secretary shall establish 

8 a research and development program to determine ways 

9 in which— 

10 (1) the weight of vehicles may be reduced to im11 prove fuel efficiency without compromising pas12 senger safety; and 

13 (2) the cost of lightweight materials (such as 

14 steel alloys, fiberglass, and carbon composites) re15 quired for the construction of lighter-weight vehicles 

16 may be reduced. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $60,000,000 for each of fiscal years 2007 through 2012. 

20 SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTO21 MOBILE PARTS MANUFACTURERS. 

22 (a) IN GENERAL.—Section 712(a) of the Energy Pol23 icy Act of 2005 (42 U.S.C. 16062(a)) is amended in the 

24 second sentence by striking ‘‘grants to automobile manu25 facturers’’ and inserting ‘‘grants and loan guarantees 

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1 under section 1703 to automobile manufacturers and sup2 pliers’’. 

3 (b) CONFORMING AMENDMENT.—Section 1703(b) of 

4 the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 

5 amended by striking paragraph (8) and inserting the fol6 lowing: 

7 ‘‘(8) Production facilities for the manufacture 

8 of fuel efficient vehicles or parts of those vehicles, 

9 including electric drive transportation technology 

10 and advanced diesel vehicles.’’. 

11 SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFAC12 TURING INCENTIVE PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ADJUSTED AVERAGE FUEL ECONOMY.—The 

15 term ‘‘adjusted average fuel economy’’ means the av16 erage fuel economy of a manufacturer for all light 

17 duty vehicles produced by the manufacturer, ad18 justed such that the fuel economy of each vehicle 

19 that qualifies for an award shall be considered to be 

20 equal to the average fuel economy for vehicles of a 

21 similar footprint for model year 2005. 

22 (2) ADVANCED TECHNOLOGY VEHICLE.—The 

23 term ‘‘advanced technology vehicle’’ means a light 

24 duty vehicle that meets— 

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1 (A) the Bin 5 Tier II emission standard 

2 established in regulations issued by the Admin3 istrator of the Environmental Protection Agen4 cy under section 202(i) of the Clean Air Act 

5 (42 U.S.C. 7521(i)), or a lower-numbered Bin 

6 emission standard; 

7 (B) any new emission standard for fine 

8 particulate matter prescribed by the Adminis9 trator under that Act (42 U.S.C. 7401 et seq.); 

10 and 

11 (C) at least 125 percent of the average 

12 base year combined fuel economy, calculated on 

13 an energy-equivalent basis, for vehicles of a 

14 substantially similar footprint. 

15 (3) COMBINED FUEL ECONOMY.—The term 

16 ‘‘combined fuel economy’’ means— 

17 (A) the combined city/highway miles per 

18 gallon values, as reported in accordance with 

19 section 32908 of title 49, United States Code; 

20 and 

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

22 with the ability to recharge from an off-board 

23 source, the reported mileage, as determined in 

24 a manner consistent with the Society of Auto25 motive Engineers recommended practice for 

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1 that configuration or a similar practice rec2 ommended by the Secretary, using a petroleum 

3 equivalence factor for the off-board electricity 

4 (as defined in section 474 of title 10, Code of 

5 Federal Regulations). 

6 (4) ENGINEERING INTEGRATION COSTS.—The 

7 term ‘‘engineering integration costs’’ includes the 

8 cost of engineering tasks relating to— 

9 (A) incorporating qualifying components 

10 into the design of advanced technology vehicles; 

11 and 

12 (B) designing new tooling and equipment 

13 for production facilities that produce qualifying 

14 components or advanced technology vehicles. 

15 (5) QUALIFYING COMPONENTS.—The term 

16 ‘‘qualifying components’’ means components that the 

17 Secretary determines to be— 

18 (A) specially designed for advanced tech19 nology vehicles; and 

20 (B) installed for the purpose of meeting 

21 the performance requirements of advanced tech22 nology vehicles. 

23 (b) ADVANCED VEHICLES MANUFACTURING FACIL24 ITY.—The Secretary shall provide facility funding awards 

25 under this section to automobile manufacturers and commstockstill on PROD1PC66 with BILLS

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1 ponent suppliers to pay not more than 30 percent of the 

2 cost of— 

3 (1) reequipping, expanding, or establishing a 

4 manufacturing facility in the United States to 

5 produce— 

6 (A) qualifying advanced technology vehi7 cles; or 

8 (B) qualifying components; and 

9 (2) engineering integration performed in the 

10 United States of qualifying vehicles and qualifying 

11 components. 

12 (c) PERIOD OF AVAILABILITY.—An award under sub13 section (b) shall apply to— 

14 (1) facilities and equipment placed in service 

15 before December 30, 2017; and 

16 (2) engineering integration costs incurred dur17 ing the period beginning on the date of enactment 

18 of this Act and ending on December 30, 2017. 

19 (d) IMPROVEMENT.—The Secretary shall issue regu20 lations that require that, in order for an automobile manu21 facturer to be eligible for an award under this section dur22 ing a particular year, the adjusted average fuel economy 

23 of the manufacturer for light duty vehicles produced by 

24 the manufacturer during the most recent year for which 

25 data are available shall be not less than the average fuel 

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1 economy for all light duty vehicles of the manufacturer 

2 for model year 2005. 

3 SEC. 244. ENERGY STORAGE COMPETITIVENESS. 

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

5 ‘‘United States Energy Storage Competitiveness Act of 

6 2007’’. 

7 (b) ENERGY STORAGE SYSTEMS FOR MOTOR TRANS8 PORTATION AND ELECTRICITY TRANSMISSION AND DIS9 TRIBUTION.— 

10 (1) DEFINITIONS.—In this subsection: 

11 (A) COUNCIL.—The term ‘‘Council’’ means 

12 the Energy Storage Advisory Council estab13 lished under paragraph (3). 

14 (B) COMPRESSED AIR ENERGY STOR15 AGE.—The term ‘‘compressed air energy stor16 age’’ means, in the case of an electricity grid 

17 application, the storage of energy through the 

18 compression of air. 

19 (C) DEPARTMENT.—The term ‘‘Depart20 ment’’ means the Department of Energy. 

21 (D) FLYWHEEL.—The term ‘‘flywheel’’ 

22 means, in the case of an electricity grid applica23 tion, a device used to store rotational kinetic 

24 energy. 

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1 (E) ULTRACAPACITOR.—The term 

2 ‘‘ultracapacitor’’ means an energy storage de3 vice that has a power density comparable to 

4 conventional capacitors but capable of exceeding 

5 the energy density of conventional capacitors by 

6 several orders of magnitude. 

7 (2) PROGRAM.—The Secretary shall carry out a 

8 research, development, and demonstration program 

9 to support the ability of the United States to remain 

10 globally competitive in energy storage systems for 

11 motor transportation and electricity transmission 

12 and distribution. 

13 (3) ENERGY STORAGE ADVISORY COUNCIL.— 

14 (A) ESTABLISHMENT.—Not later than 90 

15 days after the date of enactment of this Act, 

16 the Secretary shall establish an Energy Storage 

17 Advisory Council. 

18 (B) COMPOSITION.— 

19 (i) IN GENERAL.—Subject to clause 

20 (ii), the Council shall consist of not less 

21 than 15 individuals appointed by the Sec22 retary, based on recommendations of the 

23 National Academy of Sciences. 

24 (ii) ENERGY STORAGE INDUSTRY.— 

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1 resentatives of the energy storage industry 

2 of the United States. 

3 (iii) CHAIRPERSON.—The Secretary 

4 shall select a Chairperson for the Council 

5 from among the members appointed under 

6 clause (i) 

7 (C) MEETINGS.— 

8 (i) IN GENERAL.—The Council shall 

9 meet not less than once a year. 

10 (ii) FEDERAL ADVISORY COMMITTEE

11 ACT.—The Federal Advisory Committee 

12 Act (5 U.S.C. App. 2) shall apply to a 

13 meeting of the Council. 

14 (D) PLANS.—No later than 1 year after 

15 the date of enactment of this Act, in conjunc16 tion with the Secretary, the Council shall de17 velop 5-year plans for integrating basic and ap18 plied research so that the United States retains 

19 a globally competitive domestic energy storage 

20 industry for motor transportation and elec21 tricity transmission and distribution. 

22 (E) REVIEW.—The Council shall— 

23 (i) assess the performance of the De24 partment in meeting the goals of the plans 

25 developed under subparagraph (D); and 

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1 (ii) make specific recommendations to 

2 the Secretary on programs or activities 

3 that should be established or terminated to 

4 meet those goals. 

5 (4) BASIC RESEARCH PROGRAM.— 

6 (A) BASIC RESEARCH.—The Secretary 

7 shall conduct a basic research program on en8 ergy storage systems to support motor trans9 portation and electricity transmission and dis10 tribution, including— 

11 (i) materials design; 

12 (ii) materials synthesis and character13 ization; 

14 (iii) electrolytes, including bioelectro15 lytes; 

16 (iv) surface and interface dynamics; 

17 and 

18 (v) modeling and simulation. 

19 (B) NANOSCIENCE CENTERS.—The Sec20 retary shall ensure that the nanoscience centers 

21 of the Department— 

22 (i) support research in the areas de23 scribed in subparagraph (A), as part of the 

24 mission of the centers; and 

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1 (ii) coordinate activities of the centers 

2 with activities of the Council. 

3 (5) APPLIED RESEARCH PROGRAM.—The Sec4 retary shall conduct an applied research program on 

5 energy storage systems to support motor transpor6 tation and electricity transmission and distribution 

7 technologies, including— 

8 (A) ultracapacitors; 

9 (B) flywheels; 

10 (C) batteries; 

11 (D) compressed air energy systems; 

12 (E) power conditioning electronics; and 

13 (F) manufacturing technologies for energy 

14 storage systems. 

15 (6) ENERGY STORAGE RESEARCH CENTERS.— 

16 (A) IN GENERAL.—The Secretary shall es17 tablish, through competitive bids, 4 energy stor18 age research centers to translate basic research 

19 into applied technologies to advance the capa20 bility of the United States to maintain a glob21 ally competitive posture in energy storage sys22 tems for motor transportation and electricity 

23 transmission and distribution. 

24 (B) PROGRAM MANAGEMENT.—The centers 

25 shall be jointly managed by the Under Secmstockstill on PROD1PC66 with BILLS

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1 retary for Science and the Under Secretary of 

2 Energy of the Department. 

3 (C) PARTICIPATION AGREEMENTS.—As a 

4 condition of participating in a center, a partici5 pant shall enter into a participation agreement 

6 with the center that requires that activities con7 ducted by the participant for the center pro8 mote the goal of enabling the United States to 

9 compete successfully in global energy storage 

10 markets. 

11 (D) PLANS.—A center shall conduct activi12 ties that promote the achievement of the goals 

13 of the plans of the Council under paragraph 

14 (3)(D). 

15 (E) COST SHARING.—In carrying out this 

16 paragraph, the Secretary shall require cost17 sharing in accordance with section 988 of the 

18 Energy Policy Act of 2005 (42 U.S.C. 16352). 

19 (F) NATIONAL LABORATORIES.—A na20 tional laboratory (as defined in section 2 of the 

21 Energy Policy Act of 2005 (42 U.S.C. 15801)) 

22 may participate in a center established under 

23 this paragraph, including a cooperative research 

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1 tion 12(d) of the Stevenson-Wydler Technology 

2 Innovation Act of 1980 (15 U.S.C. 3710a(d))). 

3 (G) INTELLECTUAL PROPERTY.—A partici4 pant shall be provided appropriate intellectual 

5 property rights commensurate with the nature 

6 of the participation agreement of the partici7 pant. 

8 (7) REVIEW BY NATIONAL ACADEMY OF

9 SCIENCES.—Not later than 5 years after the date of 

10 enactment of this Act, the Secretary shall offer to 

11 enter into an arrangement with the National Acad12 emy of Sciences to assess the performance of the 

13 Department in making the United States globally 

14 competitive in energy storage systems for motor 

15 transportation and electricity transmission and dis16 tribution. 

17 (8) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to carry 

19 out— 

20 (A) the basic research program under 

21 paragraph (4) $50,000,000 for each of fiscal 

22 years 2008 through 2017; 

23 (B) the applied research program under 

24 paragraph (5) $80,000,000 for each of fiscal 

25 years 2008 through 2017; and; 

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1 (C) the energy storage research center pro2 gram under paragraph (6) $100,000,000 for 

3 each of fiscal years 2008 through 2017. 

4 SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY 

5 PROGRAM. 

6 (a) ELECTRIC DRIVE VEHICLE DEMONSTRATION

7 PROGRAM.— 

8 (1) DEFINITION OF ELECTRIC DRIVE VEHI9 CLE.—In this subsection, the term ‘‘electric drive ve10 hicle’’ means a precommercial vehicle that— 

11 (A) draws motive power from a battery 

12 with at least 4 kilowatt-hours of electricity; 

13 (B) can be recharged from an external 

14 source of electricity for motive power; and 

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

16 onroad or nonroad vehicle. 

17 (2) PROGRAM.—The Secretary shall establish a 

18 competitive program to provide grants for dem19 onstrations of electric drive vehicles. 

20 (3) ELIGIBILITY.—A State government, local 

21 government, metropolitan transportation authority, 

22 air pollution control district, private entity, and non23 profit entity shall be eligible to receive a grant under 

24 this subsection. 

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1 (4) PRIORITY.—In making grants under this 

2 subsection, the Secretary shall give priority to pro3 posals that— 

4 (A) are likely to contribute to the commer5 cialization and production of electric drive vehi6 cles in the United States; and 

7 (B) reduce petroleum usage. 

8 (5) SCOPE OF DEMONSTRATIONS.—The Sec9 retary shall ensure, to the extent practicable, that 

10 the program established under this subsection in11 cludes a variety of applications, manufacturers, and 

12 end-uses. 

13 (6) REPORTING.—The Secretary shall require a 

14 grant recipient under this subsection to submit to 

15 the Secretary, on an annual basis, data relating to 

16 vehicle, performance, life cycle costs, and emissions 

17 of vehicles demonstrated under the grant, including 

18 emissions of greenhouse gases. 

19 (7) COST SHARING.—Section 988 of the Energy 

20 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

21 a grant made under this subsection. 

22 (8) AUTHORIZATIONS OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this subsection $60,000,000 for each of fiscal years 

25 2008 through 2012, of which not less than 

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1 $20,000,000 shall be available each fiscal year only 

2 to make grants local and municipal governments. 

3 (b) NEAR-TERM OIL SAVING TRANSPORTATION DE4 PLOYMENT PROGRAM.— 

5 (1) DEFINITION OF QUALIFIED TRANSPOR6 TATION PROJECT.—In this subsection, the term 

7 ‘‘qualified transportation project’’ means— 

8 (A) a project that simultaneously reduces 

9 emissions of criteria pollutants, greenhouse gas 

10 emissions, and petroleum usage by at least 40 

11 percent as compared to commercially available, 

12 petroleum-based technologies used in nonroad 

13 vehicles; and 

14 (B) an electrification project involving 

15 onroad commercial trucks, rail transportation, 

16 or ships, and any associated infrastructure (in17 cluding any panel upgrades, battery chargers, 

18 trenching, and alternative fuel infrastructure). 

19 (2) PROGRAM.—Not later than 1 year after the 

20 date of enactment of this Act, the Secretary, in con21 sultation with the Secretary of Transportation, shall 

22 establish a program to provide grants to eligible en23 tities for the conduct of qualified transportation 

24 projects. 

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1 (3) PRIORITY.—In providing grants under this 

2 subsection, the Secretary shall give priority to large3 scale projects and large-scale aggregators of 

4 projects. 

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

6 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

7 a grant made under this subsection. 

8 (5) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to carry this subsection 

10 $90,000,000 for each of fiscal years 2008 through 

11 2013. 

12 Subtitle D—Setting Energy 

13 Efficiency Goals 

14 SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN 

15 TRANSPORTATION. 

16 (a) GOALS.—The goals of the United States are to 

17 reduce gasoline usage in the United States from the levels 

18 projected under subsection (b) by— 

19 (1) 20 percent by calendar year 2017; 

20 (2) 35 percent by calendar year 2025; and 

21 (3) 45 percent by calendar year 2030. 

22 (b) MEASUREMENT.—For purposes of subsection (a), 

23 reduction in gasoline usage shall be measured from the 

24 estimates for each year in subsection (a) contained in the 

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1 reference case in the report of the Energy Information Ad2 ministration entitled ‘‘Annual Energy Outlook 2007’’. 

3 (c) STRATEGIC PLAN.— 

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

5 the date of enactment of this Act, the Secretary, in 

6 cooperation with the Administrator of the Environ7 mental Protection Agency and the heads of other ap8 propriate Federal agencies, shall develop a strategic 

9 plan to achieve the national goals for reduction in 

10 gasoline usage established under subsection (a). 

11 (2) PUBLIC INPUT AND COMMENT.—The Sec12 retary shall develop the plan in a manner that pro13 vides appropriate opportunities for public comment. 

14 (d) PLAN CONTENTS.—The strategic plan shall— 

15 (1) establish future regulatory, funding, and 

16 policy priorities to ensure compliance with the na17 tional goals; 

18 (2) include energy savings estimates for each 

19 sector; and 

20 (3) include data collection methodologies and 

21 compilations used to establish baseline and energy 

22 savings data. 

23 (e) PLAN UPDATES.— 

24 (1) IN GENERAL.—The Secretary shall— 

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1 (A) update the strategic plan biennially; 

2 and 

3 (B) include the updated strategic plan in 

4 the national energy policy plan required by sec5 tion 801 of the Department of Energy Organi6 zation Act (42 U.S.C. 7321). 

7 (2) CONTENTS.—In updating the plan, the Sec8 retary shall— 

9 (A) report on progress made toward imple10 menting efficiency policies to achieve the na11 tional goals established under subsection (a); 

12 and 

13 (B) to the maximum extent practicable, 

14 verify energy savings resulting from the poli15 cies. 

16 (f) REPORT TO CONGRESS AND PUBLIC.—The Sec17 retary shall submit to Congress, and make available to the 

18 public, the initial strategic plan developed under sub19 section (c) and each updated plan. 

20 SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT 

21 GOALS. 

22 (a) GOALS.—The goals of the United States are— 

23 (1) to achieve an improvement in the overall en24 ergy productivity of the United States (measured in 

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1 gross domestic product per unit of energy input) of 

2 at least 2.5 percent per year by the year 2012; and 

3 (2) to maintain that annual rate of improve4 ment each year through 2030. 

5 (b) STRATEGIC PLAN.— 

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

7 the date of enactment of this Act, the Secretary, in 

8 cooperation with the Administrator of the Environ9 mental Protection Agency and the heads of other ap10 propriate Federal agencies, shall develop a strategic 

11 plan to achieve the national goals for improvement 

12 in energy productivity established under subsection 

13 (a). 

14 (2) PUBLIC INPUT AND COMMENT.—The Sec15 retary shall develop the plan in a manner that pro16 vides appropriate opportunities for public input and 

17 comment. 

18 (c) PLAN CONTENTS.—The strategic plan shall— 

19 (1) establish future regulatory, funding, and 

20 policy priorities to ensure compliance with the na21 tional goals; 

22 (2) include energy savings estimates for each 

23 sector; and 

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1 (3) include data collection methodologies and 

2 compilations used to establish baseline and energy 

3 savings data. 

4 (d) PLAN UPDATES.— 

5 (1) IN GENERAL.—The Secretary shall— 

6 (A) update the strategic plan biennially; 

7 and 

8 (B) include the updated strategic plan in 

9 the national energy policy plan required by sec10 tion 801 of the Department of Energy Organi11 zation Act (42 U.S.C. 7321). 

12 (2) CONTENTS.—In updating the plan, the Sec13 retary shall— 

14 (A) report on progress made toward imple15 menting efficiency policies to achieve the na16 tional goals established under subsection (a); 

17 and 

18 (B) verify, to the maximum extent prac19 ticable, energy savings resulting from the poli20 cies. 

21 (e) REPORT TO CONGRESS AND PUBLIC.—The Sec22 retary shall submit to Congress, and make available to the 

23 public, the initial strategic plan developed under sub24 section (b) and each updated plan. 

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1 SEC. 253. NATIONAL MEDIA CAMPAIGN. 

2 (a) IN GENERAL.—The Secretary, acting through the 

3 Assistant Secretary for Energy Efficiency and Renewable 

4 Energy (referred to in this section as the ‘‘Secretary’’), 

5 shall develop and conduct a national media campaign— 

6 (1) to increase energy efficiency throughout the 

7 economy of the United States over the next decade; 

8 (2) to promote the national security benefits as9 sociated with increased energy efficiency; and 

10 (3) to decrease oil consumption in the United 

11 States over the next decade. 

12 (b) CONTRACT WITH ENTITY.—The Secretary shall 

13 carry out subsection (a) directly or through— 

14 (1) competitively bid contracts with 1 or more 

15 nationally recognized media firms for the develop16 ment and distribution of monthly television, radio, 

17 and newspaper public service announcements; or 

18 (2) collective agreements with 1 or more nation19 ally recognized institutes, businesses, or nonprofit 

20 organizations for the funding, development, and dis21 tribution of monthly television, radio, and newspaper 

22 public service announcements. 

23 (c) USE OF FUNDS.— 

24 (1) IN GENERAL.—Amounts made available to 

25 carry out this section shall be used for the following: 

26 (A) ADVERTISING COSTS.— 

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1 (i) The purchase of media time and 

2 space. 

3 (ii) Creative and talent costs. 

4 (iii) Testing and evaluation of adver5 tising. 

6 (iv) Evaluation of the effectiveness of 

7 the media campaign. 

8 (B) ADMINISTRATIVE COSTS.—Operational 

9 and management expenses. 

10 (2) LIMITATIONS.—In carrying out this section, 

11 the Secretary shall allocate not less than 85 percent 

12 of funds made available under subsection (e) for 

13 each fiscal year for the advertising functions speci14 fied under paragraph (1)(A). 

15 (d) REPORTS.—The Secretary shall annually submit 

16 to Congress a report that describes— 

17 (1) the strategy of the national media campaign 

18 and whether specific objectives of the campaign were 

19 accomplished, including— 

20 (A) determinations concerning the rate of 

21 change of energy consumption, in both absolute 

22 and per capita terms; and 

23 (B) an evaluation that enables consider24 ation whether the media campaign contributed 

25 to reduction of energy consumption; 

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1 (2) steps taken to ensure that the national 

2 media campaign operates in an effective and effi3 cient manner consistent with the overall strategy 

4 and focus of the campaign; 

5 (3) plans to purchase advertising time and 

6 space; 

7 (4) policies and practices implemented to ensure 

8 that Federal funds are used responsibly to purchase 

9 advertising time and space and eliminate the poten10 tial for waste, fraud, and abuse; and 

11 (5) all contracts or cooperative agreements en12 tered into with a corporation, partnership, or indi13 vidual working on behalf of the national media cam14 paign. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section $5,000,000 for 

18 each of fiscal years 2008 through 2012. 

19 (2) DECREASED OIL CONSUMPTION.—The Sec20 retary shall use not less than 50 percent of the 

21 amount that is made available under this section for 

22 each fiscal year to develop and conduct a national 

23 media campaign to decrease oil consumption in the 

24 United States over the next decade. 

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1 SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM. 

2 (a) STATEMENT OF POLICY.—It is the policy of the 

3 United States that developing and deploying advanced 

4 technology to modernize and increase the efficiency of the 

5 electricity grid system of the United States is essential to 

6 maintain a reliable and secure electricity transmission and 

7 distribution infrastructure that can meet future demand 

8 growth. 

9 (b) PROGRAMS.—The Secretary, the Federal Energy 

10 Regulatory Commission, and other Federal agencies, as 

11 appropriate, shall carry out programs to support the use, 

12 development, and demonstration of advanced transmission 

13 and distribution technologies, including real-time moni14 toring and analytical software— 

15 (1) to maximize the capacity and efficiency of 

16 electricity networks; 

17 (2) to enhance grid reliability; 

18 (3) to reduce line losses; 

19 (4) to facilitate the transition to real-time elec20 tricity pricing; 

21 (5) to allow grid incorporation of more onsite 

22 renewable energy generators; 

23 (6) to enable electricity to displace a portion of 

24 the petroleum used to power the national transpor25 tation system of the United States; and 

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1 (7) to enable broad deployment of distributed 

2 generation and demand side management tech3 nology. 

4 Subtitle E—Promoting Federal 

5 Leadership in Energy Efficiency 

6 and Renewable Energy 

7 SEC. 261. FEDERAL FLEET CONSERVATION REQUIRE8 MENTS. 

9 (a) FEDERAL FLEET CONSERVATION REQUIRE10 MENTS.— 

11 (1) IN GENERAL.—Part J of title III of the En12 ergy Policy and Conservation Act (42 U.S.C. 6374 

13 et seq.) is amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIRE16 MENTS. 

17 ‘‘(a) MANDATORY REDUCTION IN PETROLEUM CON18 SUMPTION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall issue 

20 regulations (including provisions for waivers from 

21 the requirements of this section) for Federal fleets 

22 subject to section 400AA requiring that not later 

23 than October 1, 2015, each Federal agency achieve 

24 at least a 20 percent reduction in petroleum con25 sumption, and that each Federal agency increase almstockstill on PROD1PC66 with BILLS

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1 ternative fuel consumption by 10 percent annually, 

2 as calculated from the baseline established by the 

3 Secretary for fiscal year 2005. 

4 ‘‘(2) PLAN.— 

5 ‘‘(A) REQUIREMENT.—The regulations 

6 shall require each Federal agency to develop a 

7 plan to meet the required petroleum reduction 

8 levels and the alternative fuel consumption in9 creases. 

10 ‘‘(B) MEASURES.—The plan may allow an 

11 agency to meet the required petroleum reduc12 tion level through— 

13 ‘‘(i) the use of alternative fuels; 

14 ‘‘(ii) the acquisition of vehicles with 

15 higher fuel economy, including hybrid vehi16 cles, neighborhood electric vehicles, electric 

17 vehicles, and plug–in hybrid vehicles if the 

18 vehicles are commercially available; 

19 ‘‘(iii) the substitution of cars for light 

20 trucks; 

21 ‘‘(iv) an increase in vehicle load fac22 tors; 

23 ‘‘(v) a decrease in vehicle miles trav24 eled; 

25 ‘‘(vi) a decrease in fleet size; and 

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1 ‘‘(vii) other measures. 

2 ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PROGRAMS

3 FOR REDUCING PETROLEUM CONSUMPTION.— 

4 ‘‘(1) IN GENERAL.—Each Federal agency shall 

5 actively promote incentive programs that encourage 

6 Federal employees and contractors to reduce petro7 leum usage through the use of practices such as— 

8 ‘‘(A) telecommuting; 

9 ‘‘(B) public transit; 

10 ‘‘(C) carpooling; and 

11 ‘‘(D) bicycling. 

12 ‘‘(2) MONITORING AND SUPPORT FOR INCEN13 TIVE PROGRAMS.—The Administrator of General 

14 Services, the Director of the Office of Personnel 

15 Management, and the Secretary of Energy shall 

16 monitor and provide appropriate support to agency 

17 programs described in paragraph (1). 

18 ‘‘(3) RECOGNITION.—The Secretary may estab19 lish a program under which the Secretary recognizes 

20 private sector employers and State and local govern21 ments for outstanding programs to reduce petroleum 

22 usage through practices described in paragraph (1). 

23 ‘‘(c) REPLACEMENT TIRES.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the regulations issued under subsection 

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1 (a)(1) shall include a requirement that, to the max2 imum extent practicable, each Federal agency pur3 chase energy-efficient replacement tires for the re4 spective fleet vehicles of the agency. 

5 ‘‘(2) EXCEPTIONS.—This section does not apply 

6 to— 

7 ‘‘(A) law enforcement motor vehicles; 

8 ‘‘(B) emergency motor vehicles; or 

9 ‘‘(C) motor vehicles acquired and used for 

10 military purposes that the Secretary of Defense 

11 has certified to the Secretary must be exempt 

12 for national security reasons. 

13 ‘‘(d) ANNUAL REPORTS ON COMPLIANCE.—The Sec14 retary shall submit to Congress an annual report that 

15 summarizes actions taken by Federal agencies to comply 

16 with this section.’’. 

17 (2) TABLE OF CONTENTS AMENDMENT.—The 

18 table of contents of the Energy Policy and Conserva19 tion Act (42 U.S.C. prec. 6201) is amended by add20 ing at the end of the items relating to part J of title 

21 III the following: 

‘‘Sec. 400FF. Federal fleet conservation requirements.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out the amendment 

24 made by this section $10,000,000 for the period of fiscal 

25 years 2008 through 2013. 

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1 SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELEC2 TRICITY GENERATED BY RENEWABLE EN3 ERGY. 

4 Section 203 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15852) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) REQUIREMENT.— 

9 ‘‘(1) IN GENERAL.—The President, acting 

10 through the Secretary, shall require that, to the ex11 tent economically feasible and technically prac12 ticable, of the total quantity of domestic electric en13 ergy the Federal Government consumes during any 

14 fiscal year, the following percentages shall be renew15 able energy from facilities placed in service after 

16 January 1, 1999: 

17 ‘‘(A) Not less than 10 percent in fiscal 

18 year 2010. 

19 ‘‘(B) Not less than 15 percent in fiscal 

20 year 2015. 

21 ‘‘(2) CAPITOL COMPLEX.—The Architect of the 

22 Capitol, in consultation with the Secretary, shall en23 sure that, of the total quantity of electric energy the 

24 Capitol complex consumes during any fiscal year, the 

25 percentages prescribed in paragraph (1) shall be re26 newable energy. 

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1 ‘‘(3) WAIVER AUTHORITY.—The President may 

2 reduce or waive the requirement under paragraph 

3 (1) on a fiscal-year basis if the President determines 

4 that complying with paragraph (1) for a fiscal year 

5 would result in— 

6 ‘‘(A) a negative impact on military training 

7 or readiness activities conducted by the Depart8 ment of Defense; 

9 ‘‘(B) a negative impact on domestic pre10 paredness activities conducted by the Depart11 ment of Homeland Security; or 

12 ‘‘(C) a requirement that a Federal agency 

13 provide emergency response services in the 

14 event of a natural disaster or terrorist attack.’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(e) CONTRACTS FOR RENEWABLE ENERGY FROM

18 PUBLIC UTILITY SERVICES.—Notwithstanding section 

19 501(b)(1)(B) of title 40, United States Code, a contract 

20 for renewable energy from a public utility service may be 

21 made for a period of not more than 50 years.’’. 

22 SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

23 (a) RETENTION OF SAVINGS.—Section 546(c) of the 

24 National Energy Conservation Policy Act (42 U.S.C. 

25 8256(c)) is amended by striking paragraph (5). 

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1 (b) SUNSET AND REPORTING REQUIREMENTS.—Sec2 tion 801 of the National Energy Conservation Policy Act 

3 (42 U.S.C. 8287) is amended by striking subsection (c). 

4 (c) DEFINITION OF ENERGY SAVINGS.—Section 

5 804(2) of the National Energy Conservation Policy Act 

6 (42 U.S.C. 8287c(2)) is amended— 

7 (1) by redesignating subparagraphs (A), (B), 

8 and (C) as clauses (i), (ii), and (iii), respectively, 

9 and indenting appropriately; 

10 (2) by striking ‘‘means a reduction’’ and insert11 ing ‘‘means— 

12 ‘‘(A) a reduction’’; 

13 (3) by striking the period at the end and insert14 ing a semicolon; and 

15 (4) by adding at the end the following: 

16 ‘‘(B) the increased efficient use of an exist17 ing energy source by cogeneration or heat re18 covery, and installation of renewable energy sys19 tems; 

20 ‘‘(C) if otherwise authorized by Federal or 

21 State law (including regulations), the sale or 

22 transfer of electrical or thermal energy gen23 erated on-site from renewable energy sources or 

24 cogeneration, but in excess of Federal needs, to 

25 utilities or non-Federal energy users; and 

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1 ‘‘(D) the increased efficient use of existing 

2 water sources in interior or exterior applica3 tions.’’. 

4 (d) NOTIFICATION.— 

5 (1) AUTHORITY TO ENTER INTO CONTRACTS.— 

6 Section 801(a)(2)(D) of the National Energy Con7 servation Policy Act (42 U.S.C. 8287(a)(2)(D)) is 

8 amended— 

9 (A) in clause (ii), by inserting ‘‘and’’ after 

10 the semicolon at the end; 

11 (B) by striking clause (iii); and 

12 (C) by redesignating clause (iv) as clause 

13 (iii). 

14 (2) REPORTS.—Section 548(a)(2) of the Na15 tional Energy Conservation Policy Act (42 U.S.C. 

16 8258(a)(2)) is amended by inserting ‘‘and any ter17 mination penalty exposure’’ after ‘‘the energy and 

18 cost savings that have resulted from such con19 tracts’’. 

20 (3) CONFORMING AMENDMENT.—Section 2913 

21 of title 10, United States Code, is amended by strik22 ing subsection (e). 

23 (e) ENERGY AND COST SAVINGS IN NONBUILDING

24 APPLICATIONS.— 

25 (1) DEFINITIONS.—In this subsection: 

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1 (A) NONBUILDING APPLICATION.—The 

2 term ‘‘nonbuilding application’’ means— 

3 (i) any class of vehicles, devices, or 

4 equipment that is transportable under the 

5 power of the applicable vehicle, device, or 

6 equipment by land, sea, or air and that 

7 consumes energy from any fuel source for 

8 the purpose of— 

9 (I) that transportation; or 

10 (II) maintaining a controlled en11 vironment within the vehicle, device, 

12 or equipment; and 

13 (ii) any federally-owned equipment 

14 used to generate electricity or transport 

15 water. 

16 (B) SECONDARY SAVINGS.— 

17 (i) IN GENERAL.—The term ‘‘sec18 ondary savings’’ means additional energy 

19 or cost savings that are a direct con20 sequence of the energy savings that result 

21 from the energy efficiency improvements 

22 that were financed and implemented pur23 suant to an energy savings performance 

24 contract. 

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1 (ii) INCLUSIONS.—The term ‘‘sec2 ondary savings’’ includes— 

3 (I) energy and cost savings that 

4 result from a reduction in the need 

5 for fuel delivery and logistical support; 

6 (II) personnel cost savings and 

7 environmental benefits; and 

8 (III) in the case of electric gen9 eration equipment, the benefits of in10 creased efficiency in the production of 

11 electricity, including revenues received 

12 by the Federal Government from the 

13 sale of electricity so produced. 

14 (2) STUDY.— 

15 (A) IN GENERAL.—As soon as practicable 

16 after the date of enactment of this Act, the Sec17 retary and the Secretary of Defense shall joint18 ly conduct, and submit to Congress and the 

19 President a report of, a study of the potential 

20 for the use of energy savings performance con21 tracts to reduce energy consumption and pro22 vide energy and cost savings in nonbuilding ap23 plications. 

24 (B) REQUIREMENTS.—The study under 

25 this subsection shall include— 

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1 (i) an estimate of the potential energy 

2 and cost savings to the Federal Govern3 ment, including secondary savings and 

4 benefits, from increased efficiency in non5 building applications; 

6 (ii) an assessment of the feasibility of 

7 extending the use of energy savings per8 formance contracts to nonbuilding applica9 tions, including an identification of any 

10 regulatory or statutory barriers to such 

11 use; and 

12 (iii) such recommendations as the 

13 Secretary and Secretary of Defense deter14 mine to be appropriate. 

15 SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR 

16 FEDERAL BUILDINGS. 

17 Section 543(a)(1) of the National Energy Conserva18 tion Policy Act (42 U.S.C. 8253(a)(1)) is amended by 

19 striking the table and inserting the following: 

‘‘Fiscal Year Percentage reduction 

2006 ......................................................................................... 2

2007 ......................................................................................... 4

2008 ......................................................................................... 9

2009 ......................................................................................... 12

2010 ......................................................................................... 15

2011 ......................................................................................... 18

2012 ......................................................................................... 21

2013 ......................................................................................... 24

2014 ......................................................................................... 27

2015 ......................................................................................... 30.’’. 

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1 SEC. 265. COMBINED HEAT AND POWER AND DISTRICT EN2 ERGY INSTALLATIONS AT FEDERAL SITES. 

3 Section 543 of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253) is amended by adding at the 

5 end the following: 

6 ‘‘(f) COMBINED HEAT AND POWER AND DISTRICT

7 ENERGY INSTALLATIONS AT FEDERAL SITES.— 

8 ‘‘(1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this subsection, the 

10 Secretary, in consultation with the Administrator of 

11 General Services and the Secretary of Defense, shall 

12 identify Federal sites that could achieve significant 

13 cost-effective energy savings through the use of com14 bined heat and power or district energy installations. 

15 ‘‘(2) INFORMATION AND TECHNICAL ASSIST16 ANCE.—The Secretary shall provide agencies with 

17 information and technical assistance that will enable 

18 the agencies to take advantage of the energy savings 

19 described in paragraph (1). 

20 ‘‘(3) ENERGY PERFORMANCE REQUIRE21 MENTS.—Any energy savings from the installations 

22 described in paragraph (1) may be applied to meet 

23 the energy performance requirements for an agency 

24 under subsection (a)(1).’’. 

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1 SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PER2 FORMANCE STANDARDS. 

3 Section 305(a)(3)(A) of the Energy Conservation and 

4 Production Act (42 U.S.C. 6834(a)(3)(A)) is amended— 

5 (1) in the matter preceding clause (i), by strik6 ing ‘‘this paragraph’’ and by inserting ‘‘the Energy 

7 Efficiency Promotion Act of 2007’’; and 

8 (2) in clause (i)— 

9 (A) in subclause (I), by striking ‘‘and’’ at 

10 the end; 

11 (B) by redesignating subclause (II) as sub12 clause (III); and 

13 (C) by inserting after subclause (I) the fol14 lowing: 

15 ‘‘(II) the buildings be designed, to the ex16 tent economically feasible and technically prac17 ticable, so that the fossil fuel-generated energy 

18 consumption of the buildings is reduced, as 

19 compared with the fossil fuel-generated energy 

20 consumption by a similar Federal building in 

21 fiscal year 2003 (as measured by Commercial 

22 Buildings Energy Consumption Survey or Resi23 dential Energy Consumption Survey data from 

24 the Energy Information Agency), by the per25 centage specified in the following table: 

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‘‘Fiscal Year Percentage reduction 

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

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

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

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

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

2030 ......................................................................................... 100; 

1 and’’. 

2 SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CON3 SERVATION CODE TO PUBLIC AND ASSISTED 

4 HOUSING. 

5 Section 109 of the Cranston-Gonzalez National Af6 fordable Housing Act (42 U.S.C. 12709) is amended— 

7 (1) in subsection (a)(1)(C), by striking, ‘‘, 

8 where such standards are determined to be cost ef9 fective by the Secretary of Housing and Urban De10 velopment’’; 

11 (2) in subsection (a)(2)— 

12 (A) by striking ‘‘the Council of American 

13 Building Officials Model Energy Code, 1992’’ 

14 and inserting ‘‘2006 International Energy Con15 servation Code’’; and 

16 (B) by striking ‘‘, and, with respect to re17 habilitation and new construction of public and 

18 assisted housing funded by HOPE VI revital19 ization grants under section 24 of the United 

20 States Housing Act of 1937 (42 U.S.C. 1437v), 

21 the 2003 International Energy Conservation 

22 Code’’; 

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1 (3) in subsection (b)— 

2 (A) in the heading, by striking ‘‘MODEL

3 ENERGY CODE.—’’ and inserting ‘‘INTER4 NATIONAL ENERGY CONSERVATION CODE.—’’; 

5 (B) after ‘‘all new construction’’ in the 

6 first sentence insert ‘‘and rehabilitation’’; and 

7 (C) by striking ‘‘, and, with respect to re8 habilitation and new construction of public and 

9 assisted housing funded by HOPE VI revital10 ization grants under section 24 of the United 

11 States Housing Act of 1937 (42 U.S.C. 1437v), 

12 the 2003 International Energy Conservation 

13 Code’’; 

14 (4) in subsection (c)— 

15 (A) in the heading, by striking ‘‘MODEL

16 ENERGY CODE AND’’; and 

17 (B) by striking ‘‘, or, with respect to reha18 bilitation and new construction of public and 

19 assisted housing funded by HOPE VI revital20 ization grants under section 24 of the United 

21 States Housing Act of 1937 (42 U.S.C. 1437v), 

22 the 2003 International Energy Conservation 

23 Code’’; 

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

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1 ‘‘(d) FAILURE TO AMEND THE STANDARDS.—If the 

2 Secretaries have not, within 1 year after the requirements 

3 of the 2006 IECC or the ASHRAE Standard 90.1–2004 

4 are revised, amended the standards or made a determina5 tion under subsection (c) of this section, and if the Sec6 retary of Energy has made a determination under section 

7 304 of the Energy Conservation and Production Act (42 

8 U.S.C. 6833) that the revised code or standard would im9 prove energy efficiency, all new construction and rehabili10 tation of housing specified in subsection (a) shall meet the 

11 requirements of the revised code or standard.’’; 

12 (6) by striking ‘‘CABO Model Energy Code, 

13 1992’’ each place it appears and inserting ‘‘the 2006 

14 IECC’’; and 

15 (7) by striking ‘‘1989’’ each place it appears 

16 and inserting ‘‘2004’’. 

17 SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS 

18 INITIATIVE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CONSORTIUM.—The term ‘‘consortium’’ 

21 means a working group that is comprised of— 

22 (A) individuals representing— 

23 (i) 1 or more businesses engaged in— 

24 (I) commercial building develop25 ment; 

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1 (II) construction; or 

2 (III) real estate; 

3 (ii) financial institutions; 

4 (iii) academic or research institutions; 

5 (iv) State or utility energy efficiency 

6 programs; 

7 (v) nongovernmental energy efficiency 

8 organizations; and 

9 (vi) the Federal Government; 

10 (B) 1 or more building designers; and 

11 (C) 1 or more individuals who own or oper12 ate 1 or more buildings. 

13 (2) ENERGY EFFICIENT COMMERCIAL BUILD14 ING.—The term ‘‘energy efficient commercial build15 ing’’ means a commercial building that is designed, 

16 constructed, and operated— 

17 (A) to require a greatly reduced quantity 

18 of energy; 

19 (B) to meet, on an annual basis, the bal20 ance of energy needs of the commercial building 

21 from renewable sources of energy; and 

22 (C) to be economically viable. 

23 (3) INITIATIVE.—The term ‘‘initiative’’ means 

24 the Energy Efficient Commercial Buildings Initia25 tive. 

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1 (b) INITIATIVE.— 

2 (1) IN GENERAL.—The Secretary shall enter 

3 into an agreement with the consortium to develop 

4 and carry out the initiative— 

5 (A) to reduce the quantity of energy con6 sumed by commercial buildings located in the 

7 United States; and 

8 (B) to achieve the development of energy 

9 efficient commercial buildings in the United 

10 States. 

11 (2) GOAL OF INITIATIVE.—The goal of the ini12 tiative shall be to develop technologies and practices 

13 and implement policies that lead to energy efficient 

14 commercial buildings for— 

15 (A) any commercial building newly con16 structed in the United States by 2030; 

17 (B) 50 percent of the commercial building 

18 stock of the United States by 2040; and 

19 (C) all commercial buildings in the United 

20 States by 2050. 

21 (3) COMPONENTS.—In carrying out the initia22 tive, the Secretary, in collaboration with the consor23 tium, may— 

24 (A) conduct research and development on 

25 building design, materials, equipment and conmstockstill on PROD1PC66 with BILLS

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1 trols, operation and other practices, integration, 

2 energy use measurement and benchmarking, 

3 and policies; 

4 (B) conduct demonstration projects to 

5 evaluate replicable approaches to achieving en6 ergy efficient commercial buildings for a variety 

7 of building types in a variety of climate zones; 

8 (C) conduct deployment activities to dis9 seminate information on, and encourage wide10 spread adoption of, technologies, practices, and 

11 policies to achieve energy efficient commercial 

12 buildings; and 

13 (D) conduct any other activity necessary to 

14 achieve any goal of the initiative, as determined 

15 by the Secretary, in collaboration with the con16 sortium. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated such sums as are necessary to carry 

20 out this section. 

21 (2) ADDITIONAL FUNDING.—In addition to 

22 amounts authorized to be appropriated under para23 graph (1), the Secretary may allocate funds from 

24 other appropriations to the initiative without changmstockstill on PROD1PC66 with BILLS

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1 ing the purpose for which the funds are appro2 priated. 

3 Subtitle F—Assisting State and 

4 Local Governments in Energy 

5 Efficiency 

6 SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME 

7 PERSONS. 

8 Section 422 of the Energy Conservation and Produc9 tion Act (42 U.S.C. 6872) is amended by striking 

10 ‘‘$700,000,000 for fiscal year 2008’’ and inserting 

11 ‘‘$750,000,000 for each of fiscal years 2008 through 

12 2012’’. 

13 SEC. 272. STATE ENERGY CONSERVATION PLANS. 

14 Section 365(f) of the Energy Policy and Conservation 

15 Act (42 U.S.C. 6325(f)) is amended by striking ‘‘fiscal 

16 year 2008’’ and inserting ‘‘each of fiscal years 2008 

17 through 2012’’. 

18 SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS. 

19 (a) ELECTRIC UTILITIES.—Section 111(d) of the 

20 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

21 2621(d)) is amended by adding at the end the following: 

22 ‘‘(16) INTEGRATED RESOURCE PLANNING.— 

23 Each electric utility shall— 

24 ‘‘(A) integrate energy efficiency resources 

25 into utility, State, and regional plans; and 

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1 ‘‘(B) adopt policies establishing cost-effec2 tive energy efficiency as a priority resource. 

3 ‘‘(17) RATE DESIGN MODIFICATIONS TO PRO4 MOTE ENERGY EFFICIENCY INVESTMENTS.— 

5 ‘‘(A) IN GENERAL.—The rates allowed to 

6 be charged by any electric utility shall— 

7 ‘‘(i) align utility incentives with the 

8 delivery of cost-effective energy efficiency; 

9 and 

10 ‘‘(ii) promote energy efficiency invest11 ments. 

12 ‘‘(B) POLICY OPTIONS.—In complying with 

13 subparagraph (A), each State regulatory au14 thority and each nonregulated utility shall con15 sider— 

16 ‘‘(i) removing the throughput incen17 tive and other regulatory and management 

18 disincentives to energy efficiency; 

19 ‘‘(ii) providing utility incentives for 

20 the successful management of energy effi21 ciency programs; 

22 ‘‘(iii) including the impact on adoption 

23 of energy efficiency as 1 of the goals of re24 tail rate design, recognizing that energy efmstockstill on PROD1PC66 with BILLS

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1 ficiency must be balanced with other objec2 tives; 

3 ‘‘(iv) adopting rate designs that en4 courage energy efficiency for each cus5 tomer class; and 

6 ‘‘(v) allowing timely recovery of en7 ergy efficiency-related costs.’’. 

8 (b) NATURAL GAS UTILITIES.—Section 303(b) of the 

9 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

10 3203(b)) is amended by adding at the end the following: 

11 ‘‘(5) ENERGY EFFICIENCY.—Each natural gas 

12 utility shall— 

13 ‘‘(A) integrate energy efficiency resources 

14 into the plans and planning processes of the 

15 natural gas utility; and 

16 ‘‘(B) adopt policies that establish energy 

17 efficiency as a priority resource in the plans 

18 and planning processes of the natural gas util19 ity. 

20 ‘‘(6) RATE DESIGN MODIFICATIONS TO PRO21 MOTE ENERGY EFFICIENCY INVESTMENTS.— 

22 ‘‘(A) IN GENERAL.—The rates allowed to 

23 be charged by a natural gas utility shall align 

24 utility incentives with the deployment of cost-ef25 fective energy efficiency. 

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1 ‘‘(B) POLICY OPTIONS.—In complying with 

2 subparagraph (A), each State regulatory au3 thority and each nonregulated utility shall con4 sider— 

5 ‘‘(i) separating fixed-cost revenue re6 covery from the volume of transportation 

7 or sales service provided to the customer; 

8 ‘‘(ii) providing to utilities incentives 

9 for the successful management of energy 

10 efficiency programs, such as allowing utili11 ties to retain a portion of the cost-reducing 

12 benefits accruing from the programs; 

13 ‘‘(iii) promoting the impact on adop14 tion of energy efficiency as 1 of the goals 

15 of retail rate design, recognizing that en16 ergy efficiency must be balanced with other 

17 objectives; and 

18 ‘‘(iv) adopting rate designs that en19 courage energy efficiency for each cus20 tomer class.’’. 

21 SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE 

22 PROGRAM ASSISTANCE. 

23 The Secretary shall provide technical assistance re24 garding the design and implementation of the energy effi25 ciency and demand response programs established under 

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1 this title, and the amendments made by this title, to State 

2 energy offices, public utility regulatory commissions, and 

3 nonregulated utilities through the appropriate national 

4 laboratories of the Department of Energy. 

5 SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT. 

6 Title I of the Housing and Community Development 

7 Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add8 ing at the end the following: 

9 ‘‘SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT. 

10 ‘‘(a) DEFINITIONS.—In this section 

11 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) a State; 

14 ‘‘(B) an eligible unit of local government 

15 within a State; and 

16 ‘‘(C) an Indian tribe. 

17 ‘‘(2) ELIGIBLE UNIT OF LOCAL GOVERN18 MENT.—The term ‘eligible unit of local government’ 

19 means— 

20 ‘‘(A) a city with a population— 

21 ‘‘(i) of at least 35,000; or 

22 ‘‘(ii) that causes the city to be 1 of 

23 the top 10 most populous cities of the 

24 State in which the city is located; and 

25 ‘‘(B) a county with a population— 

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1 ‘‘(i) of at least 200,000; or 

2 ‘‘(ii) that causes the county to be 1 of 

3 the top 10 most populous counties of the 

4 State in which the county is located. 

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

6 the Secretary of Energy. 

7 ‘‘(4) STATE.—The term ‘State’ means— 

8 ‘‘(A) a State; 

9 ‘‘(B) the District of Columbia; 

10 ‘‘(C) the Commonwealth of Puerto Rico; 

11 and 

12 ‘‘(D) any other territory or possession of 

13 the United States. 

14 ‘‘(b) PURPOSE.—The purpose of this section is to as15 sist State and local governments in implementing strate16 gies— 

17 ‘‘(1) to reduce fossil fuel emissions created as 

18 a result of activities within the boundaries of the 

19 States or units of local government; 

20 ‘‘(2) to reduce the total energy use of the 

21 States and units of local government; and 

22 ‘‘(3) to improve energy efficiency in the trans23 portation sector, building sector, and any other ap24 propriate sectors. 

25 ‘‘(c) PROGRAM.— 

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1 ‘‘(1) IN GENERAL.—The Secretary shall provide 

2 to eligible entities block grants to carry out eligible 

3 activities (as specified under paragraph (2)) relating 

4 to the implementation of environmentally beneficial 

5 energy strategies. 

6 ‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary, in 

7 consultation with the Administrator of the Environ8 mental Protection Agency, the Secretary of Trans9 portation, and the Secretary of Housing and Urban 

10 Development, shall establish a list of activities that 

11 are eligible for assistance under the grant program. 

12 ‘‘(3) ALLOCATION TO STATES AND ELIGIBLE

13 UNITS OF LOCAL GOVERNMENT.— 

14 ‘‘(A) IN GENERAL.—Of the amounts made 

15 available to provide grants under this sub16 section, the Secretary shall allocate— 

17 ‘‘(i) 70 percent to eligible units of 

18 local government; and 

19 ‘‘(ii) 30 percent to States. 

20 ‘‘(B) DISTRIBUTION TO ELIGIBLE UNITS

21 OF LOCAL GOVERNMENT.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall establish a formula for the distribu24 tion of amounts under subparagraph (A)(i) 

25 to eligible units of local government, taking 

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1 into account any factors that the Secretary 

2 determines to be appropriate, including the 

3 residential and daytime population of the 

4 eligible units of local government. 

5 ‘‘(ii) CRITERIA.—Amounts shall be 

6 distributed to eligible units of local govern7 ment under clause (i) only if the eligible 

8 units of local government meet the criteria 

9 for distribution established by the Sec10 retary for units of local government. 

11 ‘‘(C) DISTRIBUTION TO STATES.— 

12 ‘‘(i) IN GENERAL.—Of the amounts 

13 provided to States under subparagraph 

14 (A)(ii), the Secretary shall distribute— 

15 ‘‘(I) at least 1.25 percent to each 

16 State; and 

17 ‘‘(II) the remainder among the 

18 States, based on a formula, to be de19 termined by the Secretary, that takes 

20 into account the population of the 

21 States and any other criteria that the 

22 Secretary determines to be appro23 priate. 

24 ‘‘(ii) CRITERIA.—Amounts shall be 

25 distributed to States under clause (i) only 

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1 if the States meet the criteria for distribu2 tion established by the Secretary for 

3 States. 

4 ‘‘(iii) LIMITATION ON USE OF STATE

5 FUNDS.—At least 40 percent of the 

6 amounts distributed to States under this 

7 subparagraph shall be used by the States 

8 for the conduct of eligible activities in non9 entitlement areas in the States, in accord10 ance with any criteria established by the 

11 Secretary. 

12 ‘‘(4) REPORT.—Not later than 2 years after the 

13 date on which an eligible entity first receives a grant 

14 under this section, and every 2 years thereafter, the 

15 eligible entity shall submit to the Secretary a report 

16 that describes any eligible activities carried out using 

17 assistance provided under this subsection. 

18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subsection for 

21 each of fiscal years 2008 through 2012. 

22 ‘‘(d) ENVIRONMENTALLY BENEFICIAL ENERGY

23 STRATEGIES SUPPLEMENTAL GRANT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall provide 

25 to each eligible entity that meets the applicable crimstockstill on PROD1PC66 with BILLS

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1 teria under subparagraph (B)(ii) or (C)(ii) of sub2 section (c)(3) a supplemental grant to pay the Fed3 eral share of the total costs of carrying out an activ4 ity relating to the implementation of an environ5 mentally beneficial energy strategy. 

6 ‘‘(2) REQUIREMENTS.—To be eligible for a 

7 grant under paragraph (1), an eligible entity shall— 

8 ‘‘(A) demonstrate to the satisfaction of the 

9 Secretary that the eligible entity meets the ap10 plicable criteria under subparagraph (B)(ii) or 

11 (C)(ii) of subsection (c)(3); and 

12 ‘‘(B) submit to the Secretary for approval 

13 a plan that describes the activities to be funded 

14 by the grant. 

15 ‘‘(3) COST-SHARING REQUIREMENT.— 

16 ‘‘(A) FEDERAL SHARE.—The Federal 

17 share of the cost of carrying out any activities 

18 under this subsection shall be 75 percent. 

19 ‘‘(B) NON-FEDERAL SHARE.— 

20 ‘‘(i) FORM.—Not more than 50 per21 cent of the non-Federal share may be in 

22 the form of in-kind contributions. 

23 ‘‘(ii) LIMITATION.—Amounts provided 

24 to an eligible entity under subsection (c) 

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1 shall not be used toward the non-Federal 

2 share. 

3 ‘‘(4) MAINTENANCE OF EFFORT.—An eligible 

4 entity shall provide assurances to the Secretary that 

5 funds provided to the eligible entity under this sub6 section will be used only to supplement, not to sup7 plant, the amount of Federal, State, and local funds 

8 otherwise expended by the eligible entity for eligible 

9 activities under this subsection. 

10 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this subsection for 

13 each of fiscal years 2008 through 2012. 

14 ‘‘(e) GRANTS TO OTHER STATES AND COMMU15 NITIES.— 

16 ‘‘(1) IN GENERAL.—Of the total amount of 

17 funds that are made available each fiscal year to 

18 carry out this section, the Secretary shall use 2 per19 cent of the amount to make competitive grants 

20 under this section to States and units of local gov21 ernment that are not eligible entities or to consortia 

22 of such units of local government. 

23 ‘‘(2) APPLICATIONS.—To be eligible for a grant 

24 under this subsection, a State, unit of local govern25 ment, or consortia described in paragraph (1) shall 

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1 apply to the Secretary for a grant to carry out an 

2 activity that would otherwise be eligible for a grant 

3 under subsection (c) or (d). 

4 ‘‘(3) PRIORITY.—In awarding grants under this 

5 subsection, the Secretary shall give priority to— 

6 ‘‘(A) States with populations of less than 

7 2,000,000; and 

8 ‘‘(B) projects that would result in signifi9 cant energy efficiency improvements, reductions 

10 in fossil fuel use, or capital improvements.’’. 

11 SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY 

12 GRANTS FOR INSTITUTIONS OF HIGHER EDU13 CATION. 

14 Part G of title III of the Energy Policy and Conserva15 tion Act is amended by inserting after section 399 (42 

16 U.S.C. 371h) the following: 

17 ‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY 

18 GRANTS FOR INSTITUTIONS OF HIGHER EDU19 CATION. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) ENERGY SUSTAINABILITY.—The term ‘en22 ergy sustainability’ includes using a renewable en23 ergy resource and a highly efficient technology for 

24 electricity generation, transportation, heating, or 

25 cooling. 

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1 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given the term in section 2 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 15801). 

5 ‘‘(b) GRANTS FOR ENERGY EFFICIENCY IMPROVE6 MENT.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall award 

8 not more than 100 grants to institutions of higher 

9 education to carry out projects to improve energy ef10 ficiency on the grounds and facilities of the institu11 tion of higher education, including not less than 1 

12 grant to an institution of higher education in each 

13 State. 

14 ‘‘(2) CONDITION.—As a condition of receiving a 

15 grant under this subsection, an institution of higher 

16 education shall agree to— 

17 ‘‘(A) implement a public awareness cam18 paign concerning the project in the community 

19 in which the institution of higher education is 

20 located; and 

21 ‘‘(B) submit to the Secretary, and make 

22 available to the public, reports on any efficiency 

23 improvements, energy cost savings, and environ24 mental benefits achieved as part of a project 

25 carried out under paragraph (1). 

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1 ‘‘(c) GRANTS FOR INNOVATION IN ENERGY SUSTAIN2 ABILITY.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall award 

4 not more than 250 grants to institutions of higher 

5 education to engage in innovative energy sustain6 ability projects, including not less than 2 grants to 

7 institutions of higher education in each State. 

8 ‘‘(2) INNOVATION PROJECTS.—An innovation 

9 project carried out with a grant under this sub10 section shall— 

11 ‘‘(A) involve— 

12 ‘‘(i) an innovative technology that is 

13 not yet commercially available; or 

14 ‘‘(ii) available technology in an inno15 vative application that maximizes energy 

16 efficiency and sustainability; 

17 ‘‘(B) have the greatest potential for testing 

18 or demonstrating new technologies or processes; 

19 and 

20 ‘‘(C) ensure active student participation in 

21 the project, including the planning, implementa22 tion, evaluation, and other phases of the 

23 project. 

24 ‘‘(3) CONDITION.—As a condition of receiving a 

25 grant under this subsection, an institution of higher 

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1 education shall agree to submit to the Secretary, 

2 and make available to the public, reports that de3 scribe the results of the projects carried out under 

4 paragraph (1). 

5 ‘‘(d) AWARDING OF GRANTS.— 

6 ‘‘(1) APPLICATION.—An institution of higher 

7 education that seeks to receive a grant under this 

8 section may submit to the Secretary an application 

9 for the grant at such time, in such form, and con10 taining such information as the Secretary may pre11 scribe. 

12 ‘‘(2) SELECTION.—The Secretary shall estab13 lish a committee to assist in the selection of grant 

14 recipients under this section. 

15 ‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER

16 EDUCATION WITH SMALL ENDOWMENTS.—Of the 

17 amount of grants provided for a fiscal year under this sec18 tion, the Secretary shall provide not less 50 percent of the 

19 amount to institutions of higher education that have an 

20 endowment of not more than $100,000,000, with 50 per21 cent of the allocation set aside for institutions of higher 

22 education that have an endowment of not more than 

23 $50,000,000. 

24 ‘‘(f) GRANT AMOUNTS.—The maximum amount of 

25 grants for a project under this section shall not exceed— 

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1 ‘‘(1) in the case of grants for energy efficiency 

2 improvement under subsection (b), $1,000,000; or 

3 ‘‘(2) in the case of grants for innovation in en4 ergy sustainability under subsection (c), $500,000. 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section for each of fiscal years 

8 2008 through 2012.’’. 

9 SEC. 277. WORKFORCE TRAINING. 

10 Section 1101 of the Energy Policy Act of 2005 (42 

11 U.S.C. 16411) is amended— 

12 (1) by redesignating subsection (d) as sub13 section (e); and 

14 (2) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) WORKFORCE TRAINING.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in coopera18 tion with the Secretary of Labor, shall promulgate 

19 regulations to implement a program to provide work20 force training to meet the high demand for workers 

21 skilled in the energy efficiency and renewable energy 

22 industries. 

23 ‘‘(2) CONSULTATION.—In carrying out this sub24 section, the Secretary shall consult with representa25 tives of the energy efficiency and renewable energy 

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1 industries concerning skills that are needed in those 

2 industries.’’. 

3 SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS 

4 IDLING. 

5 (a) STATEMENT OF POLICY.—Congress encourages 

6 each local educational agency (as defined in section 

7 9101(26) of the Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 7801(26))) that receives Federal funds 

9 under the Elementary and Secondary Education Act of 

10 1965 (20 U.S.C. 6301 et seq.) to develop a policy to re11 duce the incidence of school bus idling at schools while 

12 picking up and unloading students. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary, work15 ing in coordination with the Secretary of Education, 

16 $5,000,000 for each of fiscal years 2007 through 2012 

17 for use in educating States and local education agencies 

18 about— 

19 (1) benefits of reducing school bus idling; and 

20 (2) ways in which school bus idling may be re21 duced. 

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1 TITLE III—CARBON CAPTURE 

2 AND STORAGE RESEARCH, 

3 DEVELOPMENT, AND DEM4 ONSTRATION 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Carbon Capture and 

7 Sequestration Act of 2007’’. 

8 SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DE9 VELOPMENT, AND DEMONSTRATION PRO10 GRAM. 

11 Section 963 of the Energy Policy Act of 2005 (42 

12 U.S.C. 16293) is amended— 

13 (1) in the section heading, by striking ‘‘RE14 SEARCH AND DEVELOPMENT’’ and inserting 

15 ‘‘AND STORAGE RESEARCH, DEVELOPMENT, 

16 AND DEMONSTRATION’’; 

17 (2) in subsection (a)— 

18 (A) by striking ‘‘research and develop19 ment’’ and inserting ‘‘and storage research, de20 velopment, and demonstration’’; and 

21 (B) by striking ‘‘capture technologies on 

22 combustion-based systems’’ and inserting ‘‘cap23 ture and storage technologies related to energy 

24 systems’’; 

25 (3) in subsection (b)— 

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1 (A) in paragraph (3), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (4), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(5) to expedite and carry out large-scale test7 ing of carbon sequestration systems in a range of ge8 ological formations that will provide information on 

9 the cost and feasibility of deployment of sequestra10 tion technologies.’’; and 

11 (4) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) PROGRAMMATIC ACTIVITIES.— 

14 ‘‘(1) ENERGY RESEARCH AND DEVELOPMENT

15 UNDERLYING CARBON CAPTURE AND STORAGE

16 TECHNOLOGIES AND CARBON USE ACTIVITIES.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 carry out fundamental science and engineering 

19 research (including laboratory-scale experi20 ments, numeric modeling, and simulations) to 

21 develop and document the performance of new 

22 approaches to capture and store, recycle, or 

23 reuse carbon dioxide. 

24 ‘‘(B) PROGRAM INTEGRATION.—The Sec25 retary shall ensure that fundamental research 

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1 carried out under this paragraph is appro2 priately applied to energy technology develop3 ment activities, the field testing of carbon se4 questration, and carbon use activities, includ5 ing— 

6 ‘‘(i) development of new or improved 

7 technologies for the capture of carbon diox8 ide; 

9 ‘‘(ii) development of new or improved 

10 technologies that reduce the cost and in11 crease the efficacy of the compression of 

12 carbon dioxide required for the storage of 

13 carbon dioxide; 

14 ‘‘(iii) modeling and simulation of geo15 logical sequestration field demonstrations; 

16 ‘‘(iv) quantitative assessment of risks 

17 relating to specific field sites for testing of 

18 sequestration technologies; and 

19 ‘‘(v) research and development of new 

20 and improved technologies for carbon use, 

21 including recycling and reuse of carbon di22 oxide. 

23 ‘‘(2) CARBON CAPTURE DEMONSTRATION

24 PROJECT.— 

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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 carry out a demonstration of large-scale carbon 

3 dioxide capture from an appropriate gasification 

4 facility selected by the Secretary. 

5 ‘‘(B) LINK TO STORAGE ACTIVITIES.—The 

6 Secretary may require the use of carbon dioxide 

7 from the project carried out under subpara8 graph (A) in a field testing validation activity 

9 under this section. 

10 ‘‘(3) FIELD VALIDATION TESTING ACTIVI11 TIES.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 promote, to the maximum extent practicable, 

14 regional carbon sequestration partnerships to 

15 conduct geologic sequestration tests involving 

16 carbon dioxide injection and monitoring, mitiga17 tion, and verification operations in a variety of 

18 candidate geological settings, including— 

19 ‘‘(i) operating oil and gas fields; 

20 ‘‘(ii) depleted oil and gas fields; 

21 ‘‘(iii) unmineable coal seams; 

22 ‘‘(iv) deep saline formations; 

23 ‘‘(v) deep geological systems that may 

24 be used as engineered reservoirs to extract 

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1 thermal resources of low permeability or 

2 porosity; and 

3 ‘‘(vi) deep geologic systems containing 

4 basalt formations. 

5 ‘‘(B) OBJECTIVES.—The objectives of tests 

6 conducted under this paragraph shall be— 

7 ‘‘(i) to develop and validate geo8 physical tools, analysis, and modeling to 

9 monitor, predict, and verify carbon dioxide 

10 containment; 

11 ‘‘(ii) to validate modeling of geological 

12 formations; 

13 ‘‘(iii) to refine storage capacity esti14 mated for particular geological formations; 

15 ‘‘(iv) to determine the fate of carbon 

16 dioxide concurrent with and following in17 jection into geological formations; 

18 ‘‘(v) to develop and implement best 

19 practices for operations relating to, and 

20 monitoring of, injection and storage of car21 bon dioxide in geologic formations; 

22 ‘‘(vi) to assess and ensure the safety 

23 of operations related to geological storage 

24 of carbon dioxide; and 

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1 ‘‘(vii) to allow the Secretary to pro2 mulgate policies, procedures, requirements, 

3 and guidance to ensure that the objectives 

4 of this subparagraph are met in large-scale 

5 testing and deployment activities for car6 bon capture and storage that are funded 

7 by the Department of Energy. 

8 ‘‘(4) LARGE-SCALE TESTING AND DEPLOY9 MENT.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 conduct not less than 7 initial large-volume se12 questration tests for geological containment of 

13 carbon dioxide (at least 1 of which shall be 

14 international in scope) to validate information 

15 on the cost and feasibility of commercial deploy16 ment of technologies for geological containment 

17 of carbon dioxide. 

18 ‘‘(B) DIVERSITY OF FORMATIONS TO BE

19 STUDIED.—In selecting formations for study 

20 under this paragraph, the Secretary shall con21 sider a variety of geological formations across 

22 the United States, and require characterization 

23 and modeling of candidate formations, as deter24 mined by the Secretary. 

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1 ‘‘(5) PREFERENCE IN PROJECT SELECTION

2 FROM MERITORIOUS PROPOSALS.—In making com3 petitive awards under this subsection, subject to the 

4 requirements of section 989, the Secretary shall give 

5 preference to proposals from partnerships among in6 dustrial, academic, and government entities. 

7 ‘‘(6) COST SHARING.—Activities under this sub8 section shall be considered research and development 

9 activities that are subject to the cost-sharing re10 quirements of section 988(b). 

11 ‘‘(7) PROGRAM REVIEW AND REPORT.—During 

12 fiscal year 2011, the Secretary shall— 

13 ‘‘(A) conduct a review of programmatic ac14 tivities carried out under this subsection; and 

15 ‘‘(B) make recommendations with respect 

16 to continuation of the activities. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this sec19 tion— 

20 ‘‘(1) $150,000,000 for fiscal year 2008; 

21 ‘‘(2) $200,000,000 for fiscal year 2009; 

22 ‘‘(3) $200,000,000 for fiscal year 2010; 

23 ‘‘(4) $180,000,000 for fiscal year 2011; and 

24 ‘‘(5) $165,000,000 for fiscal year 2012.’’. 

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1 SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESS2 MENT. 

3 (a) DEFINITIONS.—In this section 

4 (1) ASSESSMENT.—The term ‘‘assessment’’ 

5 means the national assessment of capacity for car6 bon dioxide completed under subsection (f). 

7 (2) CAPACITY.—The term ‘‘capacity’’ means the 

8 portion of a storage formation that can retain car9 bon dioxide in accordance with the requirements (in10 cluding physical, geological, and economic require11 ments) established under the methodology developed 

12 under subsection (b). 

13 (3) ENGINEERED HAZARD.—The term ‘‘engi14 neered hazard’’ includes the location and completion 

15 history of any well that could affect potential stor16 age. 

17 (4) RISK.—The term ‘‘risk’’ includes any risk 

18 posed by geomechanical, geochemical, 

19 hydrogeological, structural, and engineered hazards. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior, acting through the Di22 rector of the United States Geological Survey. 

23 (6) STORAGE FORMATION.—The term ‘‘storage 

24 formation’’ means a deep saline formation, 

25 unmineable coal seam, or oil or gas reservoir that is 

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1 capable of accommodating a volume of industrial 

2 carbon dioxide. 

3 (b) METHODOLOGY.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall develop 

5 a methodology for conducting an assessment under sub6 section (f), taking into consideration— 

7 (1) the geographical extent of all potential stor8 age formations in all States; 

9 (2) the capacity of the potential storage forma10 tions; 

11 (3) the injectivity of the potential storage for12 mations; 

13 (4) an estimate of potential volumes of oil and 

14 gas recoverable by injection and storage of industrial 

15 carbon dioxide in potential storage formations; 

16 (5) the risk associated with the potential stor17 age formations; and 

18 (6) the Carbon Sequestration Atlas of the 

19 United States and Canada that was completed by 

20 the Department of Energy in April 2006. 

21 (c) COORDINATION.— 

22 (1) FEDERAL COORDINATION.— 

23 (A) CONSULTATION.—The Secretary shall 

24 consult with the Secretary of Energy and the 

25 Administrator of the Environmental Protection 

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1 Agency on issues of data sharing, format, devel2 opment of the methodology, and content of the 

3 assessment required under this title to ensure 

4 the maximum usefulness and success of the as5 sessment. 

6 (B) COOPERATION.—The Secretary of En7 ergy and the Administrator shall cooperate with 

8 the Secretary to ensure, to the maximum extent 

9 practicable, the usefulness and success of the 

10 assessment. 

11 (2) STATE COORDINATION.—The Secretary 

12 shall consult with State geological surveys and other 

13 relevant entities to ensure, to the maximum extent 

14 practicable, the usefulness and success of the assess15 ment. 

16 (d) EXTERNAL REVIEW AND PUBLICATION.—On 

17 completion of the methodology under subsection (b), the 

18 Secretary shall— 

19 (1) publish the methodology and solicit com20 ments from the public and the heads of affected 

21 Federal and State agencies; 

22 (2) establish a panel of individuals with exper23 tise in the matters described in paragraphs (1) 

24 through (5) of subsection (b) composed, as appro25 priate, of representatives of Federal agencies, instimstockstill on PROD1PC66 with BILLS

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1 tutions of higher education, nongovernmental organi2 zations, State organizations, industry, and inter3 national geoscience organizations to review the 

4 methodology and comments received under para5 graph (1); and 

6 (3) on completion of the review under para7 graph (2), publish in the Federal Register the re8 vised final methodology. 

9 (e) PERIODIC UPDATES.—The methodology devel10 oped under this section shall be updated periodically (in11 cluding at least once every 5 years) to incorporate new 

12 data as the data becomes available. 

13 (f) NATIONAL ASSESSMENT.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of publication of the methodology under 

16 subsection (d)(1), the Secretary, in consultation with 

17 the Secretary of Energy and State geological sur18 veys, shall complete a national assessment of capac19 ity for carbon dioxide in accordance with the meth20 odology. 

21 (2) GEOLOGICAL VERIFICATION.—As part of 

22 the assessment under this subsection, the Secretary 

23 shall carry out a drilling program to supplement the 

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1 pacity of carbon dioxide in geological storage forma2 tions, including— 

3 (A) well log data; 

4 (B) core data; and 

5 (C) fluid sample data. 

6 (3) PARTNERSHIP WITH OTHER DRILLING PRO7 GRAMS.—As part of the drilling program under 

8 paragraph (2), the Secretary shall enter, as appro9 priate, into partnerships with other entities to collect 

10 and integrate data from other drilling programs rel11 evant to the storage of carbon dioxide in geologic 

12 formations. 

13 (4) INCORPORATION INTO NATCARB.— 

14 (A) IN GENERAL.—On completion of the 

15 assessment, the Secretary of Energy shall incor16 porate the results of the assessment using the 

17 NatCarb database, to the maximum extent 

18 practicable. 

19 (B) RANKING.—The database shall include 

20 the data necessary to rank potential storage 

21 sites for capacity and risk, across the United 

22 States, within each State, by formation, and 

23 within each basin. 

24 (5) REPORT.—Not later than 180 days after 

25 the date on which the assessment is completed, the 

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1 Secretary shall submit to the Committee on Energy 

2 and Natural Resources of the Senate and the Com3 mittee on Science and Technology of the House of 

4 Representatives a report describing the findings 

5 under the assessment. 

6 (6) PERIODIC UPDATES.—The national assess7 ment developed under this section shall be updated 

8 periodically (including at least once every 5 years) to 

9 support public and private sector decisionmaking. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $30,000,000 for the period of fiscal years 2008 through 

13 2012. 

14 SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE. 

15 (a) INDUSTRIAL SOURCES OF CARBON DIOXIDE DE16 FINED.—In this section, the term ‘‘industrial sources of 

17 carbon dioxide’’ means one or more facilities to— 

18 (1) generate electric energy from fossil fuels; 

19 (2) refine petroleum; 

20 (3) manufacture iron or steel; 

21 (4) manufacture cement or cement clinker; 

22 (5) manufacture commodity chemicals (includ23 ing from coal gasification); or 

24 (6) manufacture transportation fuels from coal. 

25 (b) PROGRAM ESTABLISHMENT.— 

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1 (1) IN GENERAL.—The Secretary shall carry 

2 out a program to demonstrate technologies for the 

3 large-scale capture of carbon dioxide from industrial 

4 sources of carbon dioxide. 

5 (2) SCOPE OF AWARD.—An award under this 

6 section shall be only for the portion of the project 

7 that carries out the large-scale capture (including 

8 purification and compression) of carbon dioxide, as 

9 well as the cost of transportation and injection of 

10 carbon dioxide. 

11 (3) QUALIFICATIONS FOR AWARD.—To be eligi12 ble for an award under this section, a project pro13 posal must include the following: 

14 (A) CAPACITY.—The capture of not less 

15 than eighty-five percent of the produced carbon 

16 dioxide at the facility, and not less than 

17 500,000 short tons of carbon dioxide per year. 

18 (B) STORAGE AGREEMENT.—A binding 

19 agreement for the storage of all of the captured 

20 carbon dioxide in— 

21 (i) a field testing validation activity 

22 under section 963 of the Energy Policy Act 

23 of 2005, as amended by this Act; or 

24 (ii) other geological storage projects 

25 approved by the Secretary. 

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1 (C) PURITY LEVEL.—A purity level of at 

2 least 95 percent for the captured carbon dioxide 

3 delivered for storage. 

4 (D) COMMITMENT TO CONTINUED OPER5 ATION OF SUCCESSFUL UNIT.—If the project 

6 successfully demonstrates capture and storage 

7 of carbon dioxide, a commitment to continued 

8 capture and storage of carbon dioxide after the 

9 conclusion of the demonstration. 

10 (4) COST-SHARING.—The cost-sharing require11 ments of section 988 of the Energy Policy Act of 

12 2005 shall apply to this section. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to carry 

15 out this section $100,000,000 per year for fiscal years 

16 2009 through 2013. 

Æ 

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