I 

111TH CONGRESS 

1ST SESSION H. R. 2227 

To greatly enhance America’s path toward energy independence and economic 

and national security, to conserve energy use, to promote innovation, 

to achieve lower emissions, cleaner air, cleaner water, and cleaner land, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2009 

Mr. TIM MURPHY of Pennsylvania (for himself, Mr. ABERCROMBIE, Mrs. 

CAPITO, Mr. COSTA, Mr. WILSON of South Carolina, Mr. WALZ, and Mr. 

TERRY) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Oversight and Government Reform, Energy and Commerce, Ways and Means, 

Science and Technology, Transportation and Infrastructure, Education 

and Labor, the Budget, Rules, and the Judiciary, 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 greatly enhance America’s path toward energy independence and economic and national security, to conserve 

energy use, to promote innovation, to achieve lower emissions, cleaner air, cleaner water, and cleaner land, 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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘American Conservation and Clean Energy Independence 

4 Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 

Subtitle A—Offshore Leasing 

Sec. 101. Leasing program considered approved. 

Sec. 102. Lease sales. 

Sec. 103. Seaward boundaries of States. 

Sec. 104. Military operations. 

Sec. 105. Coordination with Adjacent States. 

Sec. 106. Gulf of Mexico oil and gas. 

Sec. 107. Sharing of revenues. 

Sec. 108. Inventory of offshore energy resources. 

Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards. 

Subtitle B—Expedited Judicial Review 

Sec. 121. Definitions. 

Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 

and natural gas activities. 

Sec. 123. Time for filing petition; standing. 

Sec. 124. Timetable. 

Sec. 125. Limitation on scope of review and relief. 

Sec. 126. Presidential waiver. 

Sec. 127. Legal fees. 

Sec. 128. Exclusion. 

Subtitle C—Other Energy Provisions 

Sec. 131. Elimination of restriction on energy alternatives and energy efficiency. 

Sec. 132. Policies regarding buying and building American. 

Sec. 133. Clean coal technology deployment grant and loan program. 

TITLE II—MODIFYING THE STRATEGIC PETROLEUM RESERVE 

AND FUNDING CONSERVATION AND ENERGY RESEARCH AND 

DEVELOPMENT 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Objectives. 

Sec. 204. Modification of the Strategic Petroleum Reserve. 

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Sec. 205. Energy Independence and Security Fund. 

TITLE III—CLEANER ENERGY PRODUCTION AND ENERGY 

CONSERVATION INCENTIVES 

Sec. 301. Extension of renewable energy credit. 

Sec. 302. Extension of renewable energy credit. 

Sec. 303. Extension of credit for alternative fuel vehicles. 

Sec. 304. Extension of alternative fuel vehicle refueling property credit. 

Sec. 305. Extension of credit for energy efficient appliances. 

Sec. 306. Extension of credit for nonbusiness energy property. 

Sec. 307. Extension of credit for residential energy efficient property. 

Sec. 308. Extension of new energy efficient home credit. 

Sec. 309. Extension of energy efficient commercial buildings deduction. 

Sec. 310. Extension of energy credit. 

Sec. 311. Extension of credit for clean renewable energy bonds. 

Sec. 312. Extension of credits for biodiesel and renewable diesel. 

TITLE IV—INCREASE DIVERSIFICATION AND EFFICIENCY OF 

AMERICA’S TRANSPORTATION AND ELECTRIC SYSTEM 

Subtitle A—Diversification of Fuel Source for America’s Short-Haul 

Transportation System 

Sec. 401. Minimum Federal fleet requirement. 

Sec. 402. Use of HOV facilities by light-duty plug-in electric drive vehicles. 

Sec. 403. Recharging infrastructure. 

Sec. 404. Loan guarantees for advanced battery purchases. 

Sec. 405. Study of end-of-useful life options for motor vehicle batteries. 

Sec. 406. Study and demonstration electrification of postal fleet. 

Sec. 407. Maximum weight study for energy efficiency and safety. 

Subtitle B—Incentives for Diversification of Transportation 

Sec. 420. Amendment of 1986 Code. 

Sec. 421. Extension of credit for medium and heavy-duty hybrid vehicles. 

Sec. 422. Extension of credit and extension of temporary increase in credit for 

alternative fuel vehicle refueling property. 

Sec. 423. Extension and expansion of credit for new qualified plug-in electric 

drive motor vehicles. 

Sec. 424. Extension of credit for certain plug-in electric vehicles. 

Sec. 425. Credit for new qualified plug-in electric drive motor vehicles. 

Sec. 426. Tax credit for most efficient vehicle in class. 

Sec. 427. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia. 

Subtitle C—Low Carbon Diversification of Electric System 

Sec. 431. Innovative low-carbon loan guarantee program. 

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1 TITLE I—OFFSHORE LEASING 

2 AND OTHER ENERGY PROVI3 SIONS 

4 Subtitle A—Offshore Leasing 

5 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

6 (a) IN GENERAL.—The Draft Proposed Outer Conti7 nental Shelf Oil and Gas Leasing Program 2010–2015 

8 issued by the Secretary of the Interior (referred to in this 

9 section as the ‘‘Secretary’’) under section 18 of the Outer 

10 Continental Shelf Lands Act (43 U.S.C. 1344) is consid11 ered to have been approved by the Secretary as a final 

12 oil and gas leasing program under that section, and is con13 sidered to be in full compliance with and in accordance 

14 with all requirements of the Outer Continental Shelf 

15 Lands Act. 

16 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

17 The Secretary is considered to have issued a final environ18 mental impact statement for the program described in 

19 subsection (a) in accordance with all requirements under 

20 section 102(2)(C) of the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4332(2)(C)). 

22 SEC. 102. LEASE SALES. 

23 (a) OUTER CONTINENTAL SHELF.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), not later than 30 days after the date of 

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1 enactment of this Act and every 270 days thereafter, 

2 the Secretary of the Interior (referred to in this sec3 tion as the ‘‘Secretary’’) shall conduct a lease sale 

4 in each outer Continental Shelf planning area for 

5 which the Secretary determines that there is a com6 mercial interest in purchasing Federal oil and gas 

7 leases for production on the outer Continental Shelf. 

8 (2) SUBSEQUENT DETERMINATIONS AND

9 SALES.—If the Secretary determines that there is 

10 not a commercial interest in purchasing Federal oil 

11 and gas leases for production on the outer Conti12 nental Shelf in a planning area under this sub13 section, not later than 2 years after the date of en14 actment of the determination and every 2 years 

15 thereafter, the Secretary shall— 

16 (A) determine whether there is a commer17 cial interest in purchasing Federal oil and gas 

18 leases for production on the outer Continental 

19 Shelf in the planning area; and 

20 (B) if the Secretary determines that there 

21 is a commercial interest described in subpara22 graph (A), conduct a lease sale in the planning 

23 area. 

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1 (b) RENEWABLE ENERGY AND MARICULTURE.—The 

2 Secretary may conduct commercial lease sales of resources 

3 owned by United States— 

4 (1) to produce renewable energy (as defined in 

5 section 203(b) of the Energy Policy Act of 2005 (42 

6 U.S.C. 15852(b))); or 

7 (2) to cultivate marine organisms in the natural 

8 habitat of the organisms. 

9 SEC. 103. SEAWARD BOUNDARIES OF STATES. 

10 (a) SEAWARD BOUNDARIES.—Section 4 of the Sub11 merged Lands Act (43 U.S.C. 1312) is amended by strik12 ing ‘‘three geographical miles’’ each place it appears and 

13 inserting ‘‘12 nautical miles’’. 

14 (b) CONFORMING AMENDMENTS.—Section 2 of the 

15 Submerged Lands Act (43 U.S.C. 1301) is amended— 

16 (1) in subsection (a)(2), by striking ‘‘three geo17 graphical miles’’ and inserting ‘‘12 nautical miles’’; 

18 and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘three geographical miles’’ 

21 and inserting ‘‘12 nautical miles’’; and 

22 (B) by striking ‘‘three marine leagues’’ and 

23 inserting ‘‘12 nautical miles’’. 

24 (c) EFFECT OF AMENDMENTS.— 

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1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 through (4), the amendments made by this section 

3 shall not effect Federal oil and gas mineral rights 

4 and should not effect the States’ current authority 

5 within existing State boundaries. 

6 (2) EXISTING LEASES.—The amendments made 

7 by this section shall not affect any Federal oil and 

8 gas lease in effect on the date of enactment of this 

9 Act. 

10 (3) TAXATION.— 

11 (A) IN GENERAL.—A State may exercise 

12 all of the sovereign powers of taxation of the 

13 State within the entire extent of the seaward 

14 boundaries of the State (as extended by the 

15 amendments made by this section). 

16 (B) LIMITATION.—Nothing in this para17 graph affects the authority of a State to tax 

18 any Federal oil and gas lease in effect on the 

19 date of enactment of this Act. 

20 SEC. 104. MILITARY OPERATIONS. 

21 The Secretary shall consult with the Secretary of De22 fense regarding military operations needs in the Outer 

23 Continental Shelf. The Secretary shall work with the Sec24 retary of Defense to resolve any conflicts that might arise 

25 between such operations and leasing under this section. 

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1 If the Secretaries are unable to resolve all such conflicts, 

2 any unresolved issues shall be referred by the Secretaries 

3 to the President in a timely fashion for immediate resolu4 tion. 

5 SEC. 105. COORDINATION WITH ADJACENT STATES. 

6 Section 19 of the Outer Continental Shelf Lands Act 

7 (43 U.S.C. 1345) is amended— 

8 (1) in subsection (a) in the first sentence by in9 serting ‘‘, for any tract located within the Adjacent 

10 State’s Adjacent Zone,’’ after ‘‘government’’; and 

11 (2) by adding the following: 

12 ‘‘(f)(1) Prior to issuing a permit or approval for the 

13 construction of a pipeline to transport crude oil, natural 

14 gas or associated liquids production withdrawn from oil 

15 and gas leases on the outer Continental Shelf, a Federal 

16 agency must seek the concurrence of the Adjacent State 

17 if the pipeline is to transit the Adjacent State’s Adjacent 

18 Zone between the outer Continental Shelf and landfall. No 

19 State may prohibit construction of such a pipeline within 

20 its Adjacent Zone or its State waters. However, an Adja21 cent State may require routing of such a pipeline to one 

22 of two alternate landfall locations in the Adjacent State, 

23 designated by the Adjacent State, located within 60 miles 

24 on either side of a proposed landfall location. 

25 ‘‘(2) In this subsection: 

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1 ‘‘(A) The term ‘Adjacent State’ means, with re2 spect to any program, plan, lease sale, leased tract 

3 or other activity, proposed, conducted, or approved 

4 pursuant to the provisions of this Act, any State the 

5 laws of which are declared, pursuant to section 

6 4(a)(2), to be the law of the United States for the 

7 portion of the outer Continental Shelf on which such 

8 program, plan, lease sale, leased tract or activity ap9 pertains or is, or is proposed to be, conducted. For 

10 purposes of this subparagraph, the term ‘State’ in11 cludes the Commonwealth of Puerto Rico, the Com12 monwealth of the Northern Mariana Islands, the 

13 Virgin Islands, American Samoa, Guam, and the 

14 other Territories of the United States. 

15 ‘‘(B) The term ‘Adjacent Zone’ means, with re16 spect to any program, plan, lease sale, leased tract, 

17 or other activity, proposed, conducted, or approved 

18 pursuant to the provisions of this Act, the portion 

19 of the outer Continental Shelf for which the laws of 

20 a particular Adjacent State are declared, pursuant 

21 to section 4(a)(2), to be the law of the United 

22 States.’’. 

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1 SEC. 106. GULF OF MEXICO OIL AND GAS. 

2 Section 104 of division C of the Tax Relief and 

3 Health Care Act of 2006 (Public Law 109–432; 120 Stat. 

4 3003) is repealed. 

5 SEC. 107. SHARING OF REVENUES. 

6 (a) IN GENERAL.—Section 8(g) of the Outer Conti7 nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 

8 (1) in paragraph (2) by striking ‘‘Notwith9 standing’’ and inserting ‘‘Except as provided in 

10 paragraph (6), and notwithstanding’’; 

11 (2) by redesignating paragraphs (6) and (7) as 

12 paragraphs (8) and (9); and 

13 (3) by inserting after paragraph (5) the fol14 lowing: 

15 ‘‘(6) BONUS BIDS AND ROYALTIES UNDER

16 QUALIFIED LEASES.— 

17 ‘‘(A) NEW LEASES.—Of amounts received 

18 by the United States as bonus bids, royalties, 

19 rentals, and other sums collected under any 

20 qualified lease on submerged lands made avail21 able for leasing under this Act by the enact22 ment of the American Conservation and Clean 

23 Energy Independence Act that are located with24 in the seaward boundaries of a State estab25 lished under section 4(a)(2)(A)— 

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1 ‘‘(i) 30 percent shall be paid to the 

2 States that are producing States with re3 spect to those submerged lands; 

4 ‘‘(ii) 10 percent shall be deposited in 

5 the general fund of the Treasury; 

6 ‘‘(iii) 20 percent shall be deposited in 

7 the Renewable Energy and Energy Effi8 ciency Reserve established by paragraph 

9 (7); 

10 ‘‘(iv) 5 percent shall be deposited into 

11 the Clean Water Reserve established by 

12 paragraph (7); 

13 ‘‘(v) 10 percent shall be deposited in 

14 the Environment Restoration Reserve es15 tablished by paragraph (7); 

16 ‘‘(vi) 8 percent shall be deposited in 

17 the Conservation Reserve established by 

18 paragraph (7); 

19 ‘‘(vii) 10 percent shall be deposited in 

20 the Clean Coal Technology Deployment 

21 and Carbon Capture and Sequestration 

22 Reserve established by paragraph (7); 

23 ‘‘(viii) 5 percent shall be deposited in 

24 the Carbon Free Technology and Nuclear 

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1 Energy Reserve established by paragraph 

2 (7); and 

3 ‘‘(ix) 2 percent shall be available to 

4 the Secretary of Health and Human Serv5 ices for carrying out the Low-Income 

6 Home Energy Assistance Act of 1981 (42 

7 U.S.C. 8621, et seq.). 

8 ‘‘(B) LEASED TRACT THAT LIES PAR9 TIALLY WITHIN THE SEAWARD BOUNDARIES OF

10 A STATE.—In the case of a leased tract that lies 

11 partially within the seaward boundaries of a 

12 State, the amounts of bonus bids and royalties 

13 from such tract that are subject to subpara14 graph (A)(ii) with respect to such State shall be 

15 a percentage of the total amounts of bonus bids 

16 and royalties from such tract that is equivalent 

17 to the total percentage of surface acreage of the 

18 tract that lies within such seaward boundaries. 

19 ‘‘(C) USE OF PAYMENTS TO STATES.— 

20 Amounts paid to a State under subparagraph 

21 (A)(ii) shall be used by the State for one or 

22 more of the following: 

23 ‘‘(i) Education. 

24 ‘‘(ii) Transportation. 

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1 ‘‘(iii) Coastal restoration, environ2 mental restoration, and beach replenish3 ment. 

4 ‘‘(iv) Energy infrastructure. 

5 ‘‘(v) Renewable energy development. 

6 ‘‘(vi) Energy efficiency and conserva7 tion. 

8 ‘‘(vii) Any other purpose determined 

9 by State law. 

10 ‘‘(D) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) ADJACENT STATE.—The term 

12 ‘Adjacent State’ means, with respect to 

13 any program, plan, lease sale, leased tract 

14 or other activity, proposed, conducted, or 

15 approved pursuant to the provisions of this 

16 Act, any State the laws of which are de17 clared, pursuant to section 4(a)(2), to be 

18 the law of the United States for the por19 tion of the outer Continental Shelf on 

20 which such program, plan, lease sale, 

21 leased tract, or activity appertains or is, or 

22 is proposed to be, conducted. 

23 ‘‘(ii) ADJACENT ZONE.—The term 

24 ‘adjacent zone’ means, with respect to any 

25 program, plan, lease sale, leased tract, or 

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1 other activity, proposed, conducted, or ap2 proved pursuant to the provisions of this 

3 Act, the portion of the outer Continental 

4 Shelf for which the laws of a particular ad5 jacent State are declared, pursuant to sec6 tion 4(a)(2), to be the law of the United 

7 States. 

8 ‘‘(iii) PRODUCING STATE.—The term 

9 ‘producing State’ means an Adjacent State 

10 having an adjacent zone containing leased 

11 tracts from which are derived bonus bids 

12 and royalties under a lease under this Act. 

13 ‘‘(iv) STATE.—The term ‘State’ in14 cludes Puerto Rico and the other terri15 tories of the United States. 

16 ‘‘(v) QUALIFIED LEASE.—The term 

17 ‘qualified lease’ means a natural gas or oil 

18 lease made available under this Act grant19 ed after the date of the enactment of the 

20 American Conservation and Clean Energy 

21 Independence Act, for an area that is 

22 available for leasing as a result of enact23 ment of section 101 of that Act. 

24 ‘‘(E) APPLICATION.—This paragraph shall 

25 apply to bonus bids and royalties received by 

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1 the United States under qualified leases after 

2 September 30, 2008. 

3 ‘‘(7) ESTABLISHMENT OF RESERVE AC4 COUNTS.— 

5 ‘‘(A) IN GENERAL.—For budgetary pur6 poses, there is established as a separate account 

7 to receive deposits under paragraph (6)(A)— 

8 ‘‘(i) the Renewable Energy and En9 ergy Efficiency Reserve which shall be ap10 plied— 

11 ‘‘(I) first, to offset the alternative 

12 energy and conservation tax incentives 

13 extended by title III of the American 

14 Conservation and Clean Energy Inde15 pendence Act; and 

16 ‘‘(II) to extent not applied under 

17 subclause (I), to offset the cost of leg18 islation enacted after the date of the 

19 enactment of the American Conserva20 tion and Clean Energy Independence 

21 Act to accelerate the use of cleaner 

22 domestic energy resources and alter23 native fuels; to promote the utilization 

24 of energy-efficient products and prac25 tices; to promote the development and 

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1 deployment of smart transportation 

2 systems, energy efficient vehicles, and 

3 mass transportation systems that pre4 serve the environment and increase 

5 energy efficiency of transportation; 

6 and to increase research, development, 

7 and deployment of clean renewable en8 ergy and efficiency technologies and 

9 job training programs for those pur10 poses; 

11 ‘‘(ii) the Clean Water Reserve, to off12 set the cost of legislation enacted after the 

13 date of the enactment of the American 

14 Conservation and Clean Energy Independ15 ence Act to provide assistance, which may 

16 include grants, matching grants, and no17 and low-interest loans, to State, county, 

18 and local governments to rebuild and mod19 ernize clean water and sewage infrastruc20 ture; 

21 ‘‘(iii) the Environment Restoration 

22 Reserve, to offset the cost of legislation en23 acted after the date of the enactment of 

24 the American Conservation and Clean En25 ergy Independence Act to conduct restoramstockstill on PROD1PC66 with BILLS

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1 tion activities to improve the overall health 

2 of the ecosystems primarily or entirely 

3 within wildlife refuges, national parks, 

4 lakes, bays, rivers, and streams, including 

5 the Great Lakes, the Chesapeake and 

6 Delaware Bays, the San Francisco Bay/ 

7 Sacramento San Joaquin Bay Delta, the 

8 Florida Everglades, New York Harbor, the 

9 Colorado River Basin, the Mississippi 

10 River basin and tributaries, and Intra11 coastal Waterways and inlets that serve 

12 them; 

13 ‘‘(iv) the Conservation Reserve, to off14 set the cost of legislation enacted after the 

15 date of the enactment of the American 

16 Conservation and Clean Energy Independ17 ence Act for conservation research, devel18 opment, and deployment programs to in19 crease residential home energy efficiency, 

20 such as weatherization, and conservation 

21 tax credits and deductions for energy effi22 ciency in the residential, commercial, in23 dustrial, and public sectors including Con24 servation Districts; 

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1 ‘‘(v) the Clean Coal Technology De2 ployment and Carbon Capture and Seques3 tration Reserve, to offset the cost of legis4 lation enacted after the date of the enact5 ment of the American Conservation and 

6 Clean Energy Independence Act to pro7 mote, through grants, loans, and loan 

8 guarantees, research, development, and 

9 construction projects associated with car10 bon capture and storage in the production 

11 of liquid transportation fuels, electricity, 

12 synthetic natural gas, and chemical feed13 stock, giving priority to the construction 

14 and modernization of plants that imple15 ment the most advanced pollution controls 

16 to prevent the release of carbon, particu17 late matter, and other pollutants; and 

18 ‘‘(vi) the Carbon Free Technology and 

19 Nuclear Energy Reserve, to offset the cost 

20 of legislation enacted after the date of the 

21 enactment of the American Conservation 

22 and Clean Energy Independence Act to 

23 promote the deployment of carbon free 

24 technologies, including through loan guar25 antees for commercial nuclear power 

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1 plants, the disposition and recycling or re2 processing of spent fuel from nuclear 

3 power plants, and the financing of long4 term safe storage of spent fuel. 

5 ‘‘(B) PROCEDURE FOR ADJUSTMENTS.— 

6 ‘‘(i) BUDGET COMMITTEE CHAIR7 MAN.—After the reporting of a bill or joint 

8 resolution, or the offering of an amend9 ment thereto or the submission of a con10 ference report thereon, providing funding 

11 for the purposes set forth in clause (i), (ii), 

12 (iii), or (iv) of subparagraph (A) in excess 

13 of the amount of the deposits under para14 graph (6)(A) for those purposes for fiscal 

15 year 2009, the chairman of the Committee 

16 on the Budget of the applicable House of 

17 Congress shall make the adjustments set 

18 forth in clause (ii) for the amount of new 

19 budget authority and outlays in that meas20 ure and the outlays flowing from that 

21 budget authority. 

22 ‘‘(ii) MATTERS TO BE ADJUSTED.— 

23 The adjustments referred to in clause (i) 

24 are to be made to— 

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1 ‘‘(I) the discretionary spending 

2 limits, if any, set forth in the appro3 priate concurrent resolution on the 

4 budget; 

5 ‘‘(II) the allocations made pursu6 ant to the appropriate concurrent res7 olution on the budget pursuant to sec8 tion 302(a) of the Congressional 

9 Budget Act of 1974; and 

10 ‘‘(III) the budget aggregates con11 tained in the appropriate concurrent 

12 resolution on the budget as required 

13 by section 301(a) of the Congressional 

14 Budget Act of 1974. 

15 ‘‘(iii) AMOUNTS OF ADJUSTMENTS.— 

16 The adjustments referred to in clauses (i) 

17 and (ii) shall not exceed the receipts esti18 mated by the Congressional Budget Office 

19 that are attributable to this Act for the fis20 cal year in which the adjustments are 

21 made. 

22 ‘‘(C) EXPENDITURES ONLY BY SECRETARY

23 OF THE INTERIOR IN CONSULTATION.—Legisla24 tion shall not be treated as legislation referred 

25 to in subparagraph (A) unless any expenditure 

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1 under such legislation for a purpose referred to 

2 in that subparagraph may be made only after 

3 consultation with the Administrator of the En4 vironmental Protection Agency, the Adminis5 trator of the National Oceanic and Atmospheric 

6 Administration, the Secretary of the Army act7 ing through the Corps of Engineers, and, as ap8 propriate, the Secretary of State. 

9 ‘‘(8) MAINTENANCE OF EFFORT BY STATES.— 

10 The Secretary of the Interior, the Secretary of 

11 Health and Human Services, the Secretary of En12 ergy, and any other Federal official with authority 

13 to implement legislation referred to in paragraph 

14 (6)(A) shall ensure that financial assistance provided 

15 to a State under that legislation for any purpose 

16 with amounts made available under this subsection 

17 or in any legislation with respect to which paragraph 

18 (7) applies supplement, and do not replace, the 

19 amounts expended by the State for that purpose be20 fore the date of the enactment of the American Con21 servation and Clean Energy Independence Act.’’. 

22 (b) ESTABLISHMENT OF STATE SEAWARD BOUND23 ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 

24 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

25 first sentence by striking ‘‘, and the President’’ and all 

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1 that follows through the end of the sentence and inserting 

2 the following: ‘‘. Such extended lines are deemed to be as 

3 indicated on the maps for each Outer Continental Shelf 

4 region entitled ‘Alaska OCS Region State Adjacent Zone 

5 and OCS Planning Areas’, ‘Pacific OCS Region State Ad6 jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 

7 OCS Region State Adjacent Zones and OCS Planning 

8 Areas’, and ‘Atlantic OCS Region State Adjacent Zones 

9 and OCS Planning Areas’, all of which are dated Sep10 tember 2005 and on file in the Office of the Director, Min11 erals Management Service. The preceding sentence shall 

12 not apply with respect to the treatment under section 105 

13 of the Gulf of Mexico Energy Security Act of 2006 (title 

14 I of division C of Public Law 109–432) of qualified outer 

15 Continental Shelf revenues deposited and disbursed under 

16 subsection (a)(2) of that section.’’. 

17 SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES. 

18 (a) IN GENERAL.—The Secretary of the Interior (in 

19 this section referred to as the ‘‘Secretary’’) shall promptly 

20 prepare an inventory of offshore energy resources of the 

21 United States, including through conduct of geological and 

22 geophysical explorations by private industry in all of the 

23 United States outer Continental Shelf areas of the Atlan24 tic Ocean and the Pacific Ocean under part 251 of title 

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1 30, Code of Federal Regulations (or successor regula2 tions). 

3 (b) ENVIRONMENTAL STUDIES.—Not later than 180 

4 days after the date of enactment of this Act, the Secretary 

5 shall complete any environmental studies necessary to 

6 gather information essential to an accurate inventory, in7 cluding geological and geophysical explorations under part 

8 251 of title 30, Code of Federal Regulations (or successor 

9 regulations). 

10 (c) EFFECT ON OIL AND GAS LEASING.—No inven11 tory that is conducted under this section or any other Fed12 eral law (including regulations) shall restrict, limit, delay, 

13 or otherwise adversely affect— 

14 (1) the development of any Outer Continental 

15 Shelf leasing program under section 18 of the Outer 

16 Continental Shelf Lands Act (43 U.S.C. 1344); or 

17 (2) any leasing, exploration, development, or 

18 production of any Federal offshore oil and gas 

19 leases. 

20 (d) FUNDING.— 

21 (1) IN GENERAL.—The Secretary of the Treas22 ury shall make a 1-time transfer to the Secretary, 

23 without further appropriation and from royalties col24 lected by the United States in conjunction with the 

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1 production of oil and gas, of such sums as are nec2 essary for the Secretary to carry out this section. 

3 (2) LIMITATION.—The amount transferred 

4 under paragraph shall not exceed $50,000,000. 

5 SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND 

6 OTHER APPROPRIATE ENVIRONMENTAL 

7 SAFEGUARDS. 

8 (a) REGULATIONS.— 

9 (1) IN GENERAL.—The Secretary of the Inte10 rior shall promulgate regulations that establish ap11 propriate environmental safeguards for the explo12 ration and production of oil and natural gas on the 

13 outer Continental Shelf. 

14 (2) REQUIREMENTS.—The regulations shall in15 clude provisions ensuring that— 

16 (A) no surface facility shall be installed for 

17 the purpose of production of oil or gas re18 sources in any area that is within 10 miles from 

19 the shore of any coastal State, in any area of 

20 the outer Continental Shelf that has not pre21 viously been made available for oil and gas leas22 ing; 

23 (B) only temporary surface facilities are 

24 installed for areas that are located— 

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1 (i) beyond 10 miles from the shore 

2 from the shore of any coastal State, in any 

3 area of the Outer Continental Shelf that 

4 has not previously been made available for 

5 oil and gas leasing; and 

6 (ii) not more than 20 miles from the 

7 shore; 

8 (C) the impact of offshore production fa9 cilities on coastal vistas is otherwise mitigated; 

10 and 

11 (D) onshore facilities that are able to draw 

12 upon the resources of the outer Continental 

13 Shelf within 10 miles of shore are allowed. 

14 (b) CONFORMING AMENDMENT.—Section 105 of the 

15 Department of the Interior, Environment, and Related 

16 Agencies Appropriations Act, 2006 (Public Law 109–54; 

17 119 Stat. 521) (as amended by section 103(d) of the Gulf 

18 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

19 note; Public Law 109–432)) is amended by inserting ‘‘and 

20 any other area that the Secretary of the Interior may offer 

21 for leasing, preleasing, or any related activity under sec22 tion 104 of that Act’’ after ‘‘2006)’’. 

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1 Subtitle B—Expedited Judicial 

2 Review 

3 SEC. 121. DEFINITIONS. 

4 In this subtitle: 

5 (1) AUTHORIZING LEASING STATUTE.—The 

6 term ‘‘authorizing leasing statute’’ means the Outer 

7 Continental Shelf Lands Act (43 U.S.C. 1331 et 

8 seq.), the Mineral Leasing Act (30 U.S.C. 181 et 

9 seq.), the Mineral Leasing Act for Acquired Lands 

10 (30 U.S.C. 351 et seq.), and any other law of the 

11 United States directing or authorizing the leasing of 

12 Federal lands for oil and gas production or trans13 mission. 

14 (2) COVERED OIL AND NATURAL GAS ACTIV15 ITY.—The term ‘‘covered oil and natural gas activ16 ity’’ means— 

17 (A) the leasing of any lands pursuant to 

18 an authorizing leasing statute for the explo19 ration, development, production, processing, or 

20 transmission of oil, natural gas, or associated 

21 hydrocarbons, including actions or decisions re22 lating to the selection of which lands may or 

23 shall be made available for such leasing; and 

24 (B) any activity taken or proposed to be 

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1 cluding their suspension, and any environ2 mental analyses relating to such activity. 

3 SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND 

4 CLAIMS RELATING TO COVERED OIL AND 

5 NATURAL GAS ACTIVITIES. 

6 Notwithstanding any other provision of law, any Fed7 eral action approving any covered oil and natural gas ac8 tivity shall be subject to judicial review only— 

9 (1) in the United States Court of Appeals for 

10 the District of Columbia Circuit; and 

11 (2) after the person filing a petition seeking 

12 such judicial review has exhausted all available ad13 ministrative remedies with respect to such Federal 

14 action. 

15 SEC. 123. TIME FOR FILING PETITION; STANDING. 

16 (a) IN GENERAL.—All petitions referred to in section 

17 122 must be filed within 30 days after the latter of the 

18 challenged Federal action or the exhaustion of all available 

19 administrative remedies with respect to such Federal ac20 tion. A claim or challenge shall be barred unless it is filed 

21 within the time specified. 

22 (b) STANDING.—No person whose legal rights will 

23 not be directly and adversely affected by the challenged 

24 action, and who is not within the zone of interest protected 

25 by each Act under which the challenge is brought, shall 

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1 have standing to file any petition referred to in section 

2 122. 

3 SEC. 124. TIMETABLE. 

4 The United States Court of Appeals for the District 

5 of Columbia Circuit shall complete all judicial review, in6 cluding rendering a judgment, before the end of the 120- 

7 day period beginning on the date on which a petition re8 ferred to in section 122 is filed, unless all parties to such 

9 proceeding agree to an extension of such period. 

10 SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 

11 (a) ADMINISTRATIVE FINDINGS AND CONCLU12 SIONS.—In any judicial review referred to in section 122, 

13 any administrative findings and conclusions relating to the 

14 challenged Federal action shall be presumed to be correct 

15 unless shown otherwise by clear and convincing evidence 

16 contained in the administrative record. 

17 (b) LIMITATION ON PROSPECTIVE RELIEF.—In any 

18 judicial review referred to in section 122, the Court shall 

19 not grant or approve any prospective relief unless the 

20 court finds that such relief is narrowly drawn, extends no 

21 further than necessary to correct the violation of a Federal 

22 law requirement, and is the least intrusive means nec23 essary to correct the violation concerned. 

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1 SEC. 126. PRESIDENTIAL WAIVER. 

2 Notwithstanding any other provision of law, the 

3 President may waive any legal requirement relating to the 

4 approval of any covered oil and natural gas activity if the 

5 President determines in the President’s sole discretion 

6 that such activity is important to the national interest and 

7 outweighs such legal requirement. 

8 SEC. 127. LEGAL FEES. 

9 Any person filing a petition referred to in section 122 

10 who is not a prevailing party shall pay to the prevailing 

11 parties (including intervening parties), other than the 

12 United States, fees and other expenses incurred by that 

13 party in connection with the judicial review, unless the 

14 Court finds that the position of the person was substan15 tially justified or that special circumstances make an 

16 award unjust. 

17 SEC. 128. EXCLUSION. 

18 Section 122 shall not apply to disputes between the 

19 parties to a lease issued pursuant to an authorizing leas20 ing statute regarding the obligations of such lease or the 

21 alleged breach thereof. 

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1 Subtitle C—Other Energy 

2 Provisions 

3 SEC. 131. ELIMINATION OF RESTRICTION ON ENERGY AL4 TERNATIVES AND ENERGY EFFICIENCY. 

5 (a) ELIMINATION OF OTHER RESTRICTIONS ON USE

6 OF ENERGY ALTERNATIVES.— 

7 (1) RENEWABLE BIOMASS.—Section 

8 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 

9 7545(o)(1)(I)) is amended effective January 1, 

10 2009— 

11 (A) in clause (ii), by striking ‘‘on non-fed12 eral land’’; and 

13 (B) in clause (iv), by striking ‘‘that are 

14 from non-federal forestlands, including 

15 forestlands’’ and inserting ‘‘from forestlands, 

16 including those on public lands and those’’. 

17 (2) ALTERNATIVE FUELS.—Section 526 of the 

18 Energy Independence and Security Act of 2007 (42 

19 U.S.C. 17142) is repealed. 

20 (3) LIMITATION ON NUMBER OF NEW QUALI21 FIED HYBRID ADVANCED LEAN-BURN TECHNOLOGY

22 VEHICLES.—Section 30B of the Internal Revenue 

23 Code of 1986 is amended by striking subsection (f). 

24 (b) NEW SOURCE REVIEW UNDER THE CLEAN AIR

25 ACT.—Part A of title I of the Clean Air Act (42 U.S.C. 

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1 7401 and following) is amended by adding the following 

2 new section at the end thereof: 

3 ‘‘SEC. 132 NEW SOURCE REVIEW. 

4 ‘‘In promulgating regulations respecting new source 

5 review under this Act, the Administrator shall include in 

6 such regulations provisions providing that routine mainte7 nance and repair shall not constitute a modification of an 

8 existing source requiring compliance with new source re9 view requirements. Such provisions shall provide that 

10 equipment replacement shall be considered routine mainte11 nance and repair if it meets each of the following require12 ments: 

13 ‘‘(1) It does not increase actual emissions of 

14 any air pollutant by more than 5 percent. 

15 ‘‘(2) It does not increase actual emissions of 

16 any air pollutant by more than 40 tons per year. 

17 Notwithstanding any other provision of this Act, no State 

18 may include in any State implementation plan any provi19 sions regarding new source review that are more stringent 

20 than those contained in the regulations of the Adminis21 trator under this section.’’. 

22 SEC. 132. POLICIES REGARDING BUYING AND BUILDING 

23 AMERICAN. 

24 (a) INTENT OF CONGRESS.—It is the intent of the 

25 Congress that this Act, among other things, result in a 

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1 healthy and growing American industrial, manufacturing, 

2 transportation, and service sector employing the vast tal3 ents of America’s workforce to assist in the development 

4 of energy from domestic sources. Moreover, the Congress 

5 intends to monitor the deployment of personnel and mate6 rial onshore and offshore to encourage the development 

7 of American technology and manufacturing to enable 

8 United States workers to benefit from this Act by good 

9 jobs and careers, as well as the establishment of important 

10 industrial facilities to support expanded access to Amer11 ican resources. 

12 (b) SAFEGUARD FOR EXTRAORDINARY ABILITY.— 

13 Section 30(a) of the Outer Continental Shelf Lands Act 

14 (43 U.S.C. 1356(a)) is amended in the matter preceding 

15 paragraph (1) by striking ‘‘regulations which’’ and insert16 ing ‘‘regulations that shall be supplemental and com17 plimentary with and under no circumstances a substi18 tution for the provisions of the Constitution and laws of 

19 the United States extended to the subsoil and seabed of 

20 the outer Continental Shelf pursuant to section 4 of this 

21 Act, except insofar as such laws would otherwise apply to 

22 individuals who have extraordinary ability in the sciences, 

23 arts, education, or business, which has been demonstrated 

24 by sustained national or international acclaim, and that’’. 

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1 SEC. 133. CLEAN COAL TECHNOLOGY DEPLOYMENT GRANT 

2 AND LOAN PROGRAM. 

3 (a) PURPOSE.—The purpose of this section is to en4 courage innovative, state of the art energy plants to reduce 

5 and eliminate emissions of CO2 and other greenhouse 

6 gases. 

7 (b) DOE PROGRAM.—The Secretary Energy shall 

8 implement a competitive grant and loan program to award 

9 funding to qualified projects for a 3-year period for the 

10 construction or modernization of coal fired generation 

11 units to enable the use at such units of the most viable 

12 and cost effective technology to reduce emissions of carbon 

13 dioxide and other greenhouse gases. In carrying out such 

14 program, the Secretary shall give priority to the funding 

15 of projects that will emit the least amount of carbon diox16 ide and other greenhouse gases. 

17 (c) QUALIFIED PROJECTS.—(1) Projects for the con18 struction or modernization of units with carbon capture 

19 and sequestration or storage systems shall be qualified for 

20 assistance under this section in the form of grants of up 

21 to $2,000,000,000 per unit up to a maximum grant of 

22 $2,000,000 per Megawatt (MW) of capacity. Such 

23 projects may be qualfied for loan guarantees under this 

24 section in the amount of up to $3,000,000,000 per unit 

25 up to a maximum of $3,000,000 per Megawatt of capacity. 

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1 (2) The maximum amount of funding assistance 

2 under this section for construction and modernization 

3 costs shall be as follows: 

4 (A) A grant of 75 percent of such costs and a 

5 loan guarantee of 25 percent of such costs for the 

6 first year in which assistance is provided. 

7 (B) A grant of 50 percent of such costs and a 

8 loan guarantee of 50 percent of such costs for the 

9 second year in which assistance is provided. 

10 (C) A grant of 25 percent of such costs and a 

11 loan guarantee of 75 percent of such costs for the 

12 first year in which assistance is provided. 

13 (d) MINIMUM SIZE.—No project shall be qualified for 

14 assistance under this section for any unit that is less than 

15 250 MW of capacity. 

16 TITLE II—MODIFYING THE STRA17 TEGIC PETROLEUM RESERVE 

18 AND FUNDING CONSERVA19 TION AND ENERGY RE20 SEARCH AND DEVELOPMENT 

21 SEC. 201. FINDINGS. 

22 Congress finds the following: 

23 (1) The Strategic Petroleum Reserve (SPR) 

24 was created by Congress in 1975, to protect the Na25 tion from any future oil supply disruptions. When 

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1 the program was established, United States refiners 

2 were capable of handling light and medium crude 

3 and the make up of the SPR matched this capacity. 

4 This is not the case today. 

5 (2) A GAO analysis found that nearly half of 

6 the refineries considered vulnerable to supply disrup7 tions are not compatible with the types of oil cur8 rently stored in the SPR and would be unable to 

9 maintain normal refining capacity if forced to rely 

10 on SPR oil as currently constituted, thereby reduc11 ing the effectiveness of the SPR in the event of a 

12 supply disruption. GAO concluded that the SPR 

13 should be comprised of at least 10 percent heavy 

14 crude. 

15 (3) This Act implements the GAO recommenda16 tion and dedicates funds received from the trans17 actions to existing energy conservation, research, 

18 and assistance programs. 

19 SEC. 202. DEFINITIONS. 

20 In this title— 

21 (1) the term ‘‘light grade petroleum’’ means 

22 crude oil with an API gravity of 35 degrees or high23 er; 

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1 (2) the term ‘‘heavy grade petroleum’’ means 

2 crude oil with an API gravity of 26 degrees or lower; 

3 and 

4 (3) the term ‘‘Secretary’’ means the Secretary 

5 of Energy. 

6 SEC. 203. OBJECTIVES. 

7 The objectives of this title are as follows: 

8 (1) To modernize the composition of the Stra9 tegic Petroleum Reserve to reflect the current proc10 essing capabilities of refineries in the United States. 

11 (2) To provide increased funding to accelerate 

12 conservation, energy research and development, and 

13 assistance through existing programs. 

14 SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM 

15 RESERVE. 

16 Notwithstanding section 161 of the Energy Policy 

17 and Conservation Act (42 U.S.C. 6241), the Secretary 

18 shall publish a plan not later than 30 days after the date 

19 of enactment of this Act to— 

20 (1) exchange as soon as possible light grade pe21 troleum from the Strategic Petroleum Reserve, in an 

22 amount equal to 10 percent of the total number of 

23 barrels of crude oil in the Reserve as of the date of 

24 enactment of this Act, for an equivalent volume of 

25 heavy grade petroleum plus any additional cash 

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1 bonus bids received that reflect the difference in the 

2 market value between light grade petroleum and 

3 heavy grade petroleum and the timing of deliveries 

4 of the heavy grade petroleum; 

5 (2) from the gross proceeds of the cash bonus 

6 bids, deposit the amount necessary to pay for the di7 rect administrative and operational costs of the ex8 change into the SPR Petroleum Account established 

9 under section 167 of the Energy Policy and Con10 servation Act (42 U.S.C. 6247); and 

11 (3) deposit 90 percent of the remaining net pro12 ceeds from the exchange into the account established 

13 under section 205(a). 

14 SEC. 205. ENERGY INDEPENDENCE AND SECURITY FUND. 

15 (a) ESTABLISHMENT.—There is hereby established in 

16 the Treasury of the United States the ‘‘Energy Independ17 ence and Security Fund’’ (in this section referred to as 

18 the ‘‘Fund’’). 

19 (b) ADMINISTRATION.—The Secretary shall be re20 sponsible for administering the Fund for the purpose of 

21 carrying out this section. 

22 (c) DEPOSITS.—The Secretary shall transfer the bal23 ance of funds in the SPR Petroleum Account on the date 

24 of enactment of this Act in excess of $10,000,000 into 

25 the Fund. 

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1 (d) DISTRIBUTION OF FUNDS.—The Secretary shall 

2 make amounts from the Fund available for obligation, 

3 without further appropriation and without fiscal year limi4 tation, for the following purposes: 

5 (1) ADVANCED RESEARCH PROJECTS AGENCY— 

6 ENERGY.—The Secretary may transfer amounts to 

7 the account ‘‘Energy Transformation Acceleration 

8 Fund’’, established under section 5012(m) of the 

9 America COMPETES Act (42 U.S.C. 16538(m)), 

10 including amounts— 

11 (A) for university-based research projects; 

12 and 

13 (B) for program direction expenses. 

14 (2) WIND ENERGY RESEARCH AND DEVELOP15 MENT.—The Secretary may transfer amounts to the 

16 account ‘‘Energy Efficiency and Renewable Energy’’ 

17 for necessary expenses for a program to support the 

18 development of next-generation wind turbines, in19 cluding turbines capable of operating in areas with 

20 low wind speeds, as authorized in section 

21 931(a)(2)(B) of the Energy Policy Act of 2005 (42 

22 U.S.C. 16231(a)(2)(B)). 

23 (3) SOLAR ENERGY RESEARCH AND DEVELOP24 MENT.—The Secretary may transfer amounts to the 

25 account ‘‘Energy Efficiency and Renewable Energy’’ 

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1 for necessary expenses for a program to accelerate 

2 the research, development, demonstration, and de3 ployment of solar energy technologies, and public 

4 education and outreach materials pursuant to such 

5 program, as authorized by section 931(a)(2)(A) of 

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

7 16231(a)(2)(A)). 

8 (4) LOW INCOME WEATHERIZATION AND

9 LIHEAP.—The Secretary may transfer amounts to 

10 the account ‘‘Weatherization Assistance Program’’ 

11 for necessary expenses for a program to weatherize 

12 low income housing, as authorized by section 411 of 

13 the Energy Independence and Security Act of 2007 

14 (Public Law 110–140). The Secretary may transfer 

15 amounts to the Secretary of Health and Human 

16 Services for distribution to States under section 

17 2604(a) through (d) of the Low-Income Home En18 ergy Assistance Act of 1981 (42 U.S.C. 8623(a)– 

19 (d)). 

20 (5) MARINE AND HYDROKINETIC RENEWABLE

21 ELECTRIC ENERGY.—The Secretary may transfer 

22 amounts to the account ‘‘Energy Efficiency and Re23 newable Energy’’ for necessary expenses for a pro24 gram to accelerate the research, development, dem25 onstration, and deployment of ocean and wave enmstockstill on PROD1PC66 with BILLS

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1 ergy, including hydrokinetic renewable energy, as au2 thorized by section 931 of the Energy Policy Act of 

3 2005 (42 U.S.C. 16231) and section 636 of the En4 ergy Independence and Security Act of 2007 (42 

5 U.S.C. 17215). 

6 (6) ADVANCED VEHICLES RESEARCH, DEVELOP7 MENT, AND DEMONSTRATION.—The Secretary may 

8 transfer amounts to the account ‘‘Energy Efficiency 

9 and Renewable Energy’’ for necessary expenses for 

10 research, development, and demonstration on ad11 vanced, cost-effective technologies to improve the en12 ergy efficiency and environmental performance of ve13 hicles, as authorized in section 911(a)(2)(A) of the 

14 Energy Policy Act of 2005 (42 U.S.C. 

15 16191(a)(2)(A)). 

16 (7) INDUSTRIAL ENERGY EFFICIENCY RE17 SEARCH AND DEVELOPMENT.—The Secretary may 

18 transfer amounts to the account ‘‘Energy Efficiency 

19 and Renewable Energy’’ for necessary expenses for 

20 a program to accelerate the research, development, 

21 demonstration, and deployment of new technologies 

22 to improve the energy efficiency and reduce green23 house gas emissions from industrial processes, as 

24 authorized in section 911(a)(2)(C) of the Energy 

25 Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and 

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1 in section 452 of the Energy Independence and Se2 curity Act of 2007 (42 U.S.C. 17111). 

3 (8) BUILDING AND LIGHTING ENERGY EFFI4 CIENCY RESEARCH AND DEVELOPMENT.—The Sec5 retary may transfer amounts to the account ‘‘En6 ergy Efficiency and Renewable Energy’’ for nec7 essary expenses for a program to accelerate the re8 search, development, demonstration, and deployment 

9 of new technologies to improve the energy efficiency 

10 of and reduce greenhouse gas emissions from build11 ings, as authorized in section 321(g) of the Energy 

12 Independence and Security Act of 2007 (42 U.S.C. 

13 6295 note), section 422 of the Energy Independence 

14 and Security Act of 2007 (42 U.S.C. 17082), and 

15 section 912 of the Energy Policy Act of 2005 (42 

16 U.S.C. 16192). 

17 (9) GEOTHERMAL ENERGY DEVELOPMENT.— 

18 The Secretary may transfer amounts to the account 

19 ‘‘Energy Efficiency and Renewable Energy’’ for nec20 essary expenses for geothermal research and devel21 opment activities to be managed by the National Re22 newable Energy Laboratory, as authorized by sec23 tions 613, 614, 615, and 616 of the Energy Inde24 pendence and Security Act of 2007 (42 U.S.C. 

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1 17192–95) and section 931(a)(2)(C) of the Energy 

2 Policy Act of 2005 (42 U.S.C. 16231(a)(2)(C)). 

3 (10) SMART GRID TECHNOLOGY RESEARCH, DE4 VELOPMENT, AND DEMONSTRATION.—The Secretary 

5 may transfer amounts to the account ‘‘Energy Effi6 ciency and Renewable Energy’’ for necessary ex7 penses for research, development, and demonstration 

8 of smart grid technologies, as authorized by section 

9 1304 of the Energy Independence and Security Act 

10 of 2007 (42 U.S.C. 17384). 

11 (11) CARBON CAPTURE AND STORAGE.—The 

12 Secretary may transfer amounts to the account 

13 ‘‘Fossil Energy Research and Development’’ for nec14 essary expenses for a program of demonstration 

15 projects of carbon capture and storage, and for a re16 search program to address public health, safety, and 

17 environmental impacts, as authorized by section 963 

18 of the Energy Policy Act of 2005 (42 U.S.C. 16293) 

19 and sections 703 and 707 of the Energy Independ20 ence and Security Act of 2007 (42 U.S.C. 17251, 

21 17255). 

22 (12) NONCONVENTIONAL DOMESTIC NATURAL

23 GAS PRODUCTION AND ENVIRONMENTAL RE24 SEARCH.— 

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1 (A) The Secretary may transfer amounts 

2 to the account authorized by section 999H(e) of 

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

4 16378(e)). 

5 (B) The Secretary may transfer amounts 

6 to the account ‘‘Fossil Energy Research and 

7 Development’’ for necessary expenses for a pro8 gram of basin-oriented assessments and public 

9 and private partnerships involving States and 

10 industry to foster the development of regional 

11 advanced technological, regulatory, and eco12 nomic development strategies for the efficient 

13 and environmentally sustainable recovery and 

14 market delivery of natural gas and domestic pe15 troleum resources within the United States, and 

16 for support for the Stripper Well Consortium. 

17 (13) HYDROGEN RESEARCH AND DEVELOP18 MENT.—The Secretary may transfer amounts to the 

19 account ‘‘Energy Efficiency and Renewable Energy’’ 

20 for necessary expenses for the Department of Ener21 gy’s H–Prize Program, as authorized by section 

22 1008(f) of the Energy Policy Act of 2005 (42 

23 U.S.C. 16396(f)). 

24 (14) ENERGY STORAGE FOR TRANSPORTATION

25 AND ELECTRIC POWER.— 

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1 (A) The Secretary may transfer amounts 

2 to the account ‘‘Basic Energy Sciences’’ for 

3 necessary expenses for a program to accelerate 

4 basic research on energy storage systems to 

5 support electric drive vehicles, stationary appli6 cations, and electricity transmission and dis7 tribution, as authorized by section 641(p)(1) of 

8 the Energy Independence and Security Act of 

9 2007 (42 U.S.C. 17231(p)(1)). 

10 (B) The Secretary may transfer amounts 

11 to the account ‘‘Energy Efficiency and Renew12 able Energy’’ including— 

13 (i) amounts for a program to accel14 erate applied research on energy storage 

15 systems to support electric drive vehicles, 

16 stationary applications, and electricity 

17 transmission and distribution as authorized 

18 by section 641(p)(2) of the Energy Inde19 pendence and Security Act of 2007 (42 

20 U.S.C. 17231(p)(2)); 

21 (ii) amounts for energy storage sys22 tems demonstrations as authorized by sec23 tion 641(p)(4) of the Energy Independence 

24 and Security Act of 2007 (42 U.S.C. 

25 17231(p)(4)); and 

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1 (iii) amounts for vehicle energy stor2 age systems demonstrations as authorized 

3 by section 641(p)(5) of the Energy Inde4 pendence and Security Act of 2007 (42 

5 U.S.C. 17231(p)(5)). 

6 (e) TRANSFER PROCEDURES.—The Secretary shall 

7 make an initial transfer from the Fund no later than 30 

8 days after the initial deposit of monies into the Fund. The 

9 Secretary shall make additional transfers no later than 30 

10 days after subsequent deposits. 

11 (f) MANAGEMENT AND OVERSIGHT.— 

12 (1) ADDITIONALITY OF FISCAL YEAR 2008

13 TRANSFERS.—All amounts transferred under sub14 section (d) shall be in addition to, and shall not be 

15 substituted for, any funds appropriated for the same 

16 or similar purposes in the Consolidated Appropria17 tions Act, 2008. 

18 (2) EXCESS FUNDS.—The total of all amounts 

19 transferred under subsection (d) and any funds ap20 propriated for the same or similar purposes in the 

21 Consolidated Appropriations Act, 2008 may not ex22 ceed the amounts authorized in other Acts for such 

23 purposes. In the event that amounts made available 

24 under this title plus amounts under the Consolidated 

25 Appropriations Act, 2008 exceed the cumulative 

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1 amounts authorized in other Acts for any program 

2 funded by this Act, the excess amounts shall be dis3 tributed to the other programs funded by this title 

4 on a pro rata basis. 

5 (3) PROGRAM PLANS AND PERFORMANCE MEAS6 URES.—The Secretary shall prepare and publish in 

7 the Federal Register a plan for the proposed use of 

8 all funds authorized in subsection (d). The plan also 

9 shall identify how the use of these funds will be ad10 ditive to, and not displace, annual appropriations. 

11 The plans also shall identify performance measures 

12 to assess the additional benefits that may be realized 

13 from the application of the additional funding pro14 vided under this section. The initial plan shall be 

15 published in the Federal Register not later than 45 

16 days after the date of enactment of this Act. 

17 (4) CONGRESSIONAL OVERSIGHT AND RE18 VIEW.—Nothing in this section shall limit or restrict 

19 the review and oversight of program plans by the ap20 propriate committees of Congress. Nothing in this 

21 section shall limit or restrict the authority of Con22 gress to set alternative spending limitations in an23 nual appropriations Acts. 

24 (5) APPORTIONMENT.—All transactions of the 

25 Fund shall be exempt from apportionment under the 

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1 provisions of subchapter II of chapter 15 of title 31, 

2 United States Code. 

3 TITLE III—CLEANER ENERGY 

4 PRODUCTION AND ENERGY 

5 CONSERVATION INCENTIVES 

6 SEC. 301. EXTENSION OF RENEWABLE ENERGY CREDIT. 

7 (a) IN GENERAL.—Each of the following provisions 

8 of section 45(d) of the Internal Revenue Code of 1986 

9 (relating to qualified facilities) is amended by striking 

10 ‘‘January 1, 2014’’ and inserting ‘‘January 1, 2019’’: 

11 (1) Clauses (i) and (ii) of paragraph (2)(A) (re12 lating to closed-loop biomass facility). 

13 (2) Clauses (i)(I) and (ii) of paragraph (3)(A) 

14 (relating to open-loop biomass facility). 

15 (3) Paragraph (4) (relating to geothermal en16 ergy facility). 

17 (4) Paragraph (6) (relating to landfill gas facili18 ties). 

19 (5) Paragraph (7) (relating to trash combustion 

20 facilities). 

21 (6) Subparagraphs (A) and (B) of paragraph 

22 (9) (relating to qualified hydropower facility). 

23 (7) Paragraph (11) (relating to marine and 

24 hydrokinetic renewable energy facilities). 

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1 (b) WIND FACILITIES.—Paragraph (1) of section 

2 45(d) of such Code is amended by striking ‘‘January 1, 

3 2013’’ and inserting ‘‘January 1, 2019’’: 

4 (1) Paragraph (1) (relating to wind facility). 

5 SEC. 302. EXTENSION OF RENEWABLE ENERGY CREDIT. 

6 Each of the following provisions of section 45(d) of 

7 the Internal Revenue Code of 1986 (relating to qualified 

8 facilities) is amended by striking ‘‘January 1, 2013’’ and 

9 inserting ‘‘January 1, 2019’’: 

10 (1) Paragraph (1) (relating to wind facility). 

11 (2) Clauses (i) and (ii) of paragraph (2)(A) (re12 lating to closed-loop biomass facility). 

13 (3) Clauses (i)(I) and (ii) of paragraph (3)(A) 

14 (relating to open-loop biomass facility). 

15 (4) Paragraph (4) (relating to geothermal en16 ergy facility). 

17 (5) Paragraph (5) (relating to small irrigation 

18 power facility). 

19 (6) Paragraph (6) (relating to landfill gas facili20 ties). 

21 (7) Paragraph (7) (relating to trash combustion 

22 facilities). 

23 (8) Paragraph (8) (relating to refined coal pro24 duction facility). 

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1 (9) Subparagraphs (A) and (B) of paragraph 

2 (9) (relating to qualified hydropower facility). 

3 SEC. 303. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL 

4 VEHICLES. 

5 (a) QUALIFIED FUEL CELL MOTOR VEHICLES.— 

6 Paragraph (1) of section 30B(j) of the Internal Revenue 

7 Code of 1986 is amended by striking ‘‘December 31, 

8 2014’’ and inserting ‘‘December 31, 2018’’. 

9 (b) NEW ADVANCED LEAN BURN TECHNOLOGY

10 MOTOR VEHICLE.—Paragraph (2) of section 30B(j) of 

11 such Code is amended by striking ‘‘December 31, 2010’’ 

12 and inserting ‘‘December 31, 2018’’. 

13 (c) NEW QUALIFIED HYBRID MOTOR VEHICLE.— 

14 Paragraph (3) of section 30B(j) of such Code is amended 

15 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem16 ber 31, 2018’’. 

17 (d) NEW QUALIFIED ALTERNATIVE FUEL VEHI18 CLE.—Paragraph (4) of section 30B(j) of such Code is 

19 amended by striking ‘‘December 31, 2010’’ and inserting 

20 ‘‘December 31, 2018’’. 

21 SEC. 304. EXTENSION OF ALTERNATIVE FUEL VEHICLE RE22 FUELING PROPERTY CREDIT. 

23 Subsection (g) of section 30C of the Internal Revenue 

24 Code of 1986 (relating to termination) is amended to read 

25 as follows: 

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

2 property placed in service after December 31, 2018.’’. 

3 SEC. 305. EXTENSION OF CREDIT FOR ENERGY EFFICIENT 

4 APPLIANCES. 

5 (a) DISHWASHERS.—Paragraph (1) of section 

6 45M(b) of the Internal Revenue Code of 1986 (relating 

7 to applicable amount) is amended by striking ‘‘in calendar 

8 year 2008, 2009, or 2010’’ in subparagraph (B) and in9 serting ‘‘after 2007 and before 2019’’. 

10 (b) CLOTHES WASHERS.—Subparagraphs (C) and 

11 (D) of section 45M(b)(2) of such Code is amended by 

12 striking ‘‘in calendar year 2008, 2009, or 2010’’ and in13 serting ‘‘after 2007 and before 2019’’. 

14 (c) REFRIGERATORS.—Subparagraphs (C) and (D) 

15 of section 45M(b)(3) of such Code is amended by striking 

16 ‘‘in calendar year 2008, 2009, or 2010’’ and inserting 

17 ‘‘after 2007 and before 2019’’. 

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

19 this section shall apply to appliances produced after De20 cember 31, 2010. 

21 SEC. 306. EXTENSION OF CREDIT FOR NONBUSINESS EN22 ERGY PROPERTY. 

23 Section 25C(g) of the Internal Revenue Code of 1986 

24 (relating to termination) is amended by striking ‘‘Decem25 ber 31, 2010’’ and inserting ‘‘December 31, 2018’’. 

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1 SEC. 307. EXTENSION OF CREDIT FOR RESIDENTIAL EN2 ERGY EFFICIENT PROPERTY. 

3 Section 25D(g) of the Internal Revenue Code of 1986 

4 (relating to termination) is amended by striking ‘‘Decem5 ber 31, 2016’’ and inserting ‘‘December 31, 2018’’. 

6 SEC. 308. EXTENSION OF NEW ENERGY EFFICIENT HOME 

7 CREDIT. 

8 Subsection (g) of section 45L of the Internal Revenue 

9 Code of 1986 (relating to termination) is amended by 

10 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

11 31, 2018’’. 

12 SEC. 309. EXTENSION OF ENERGY EFFICIENT COMMERCIAL 

13 BUILDINGS DEDUCTION. 

14 Section 179D(h) of the Internal Revenue Code of 

15 1986 (relating to termination) is amended by striking 

16 ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

17 2018’’. 

18 SEC. 310. EXTENSION OF ENERGY CREDIT. 

19 (a) SOLAR ENERGY PROPERTY.—Paragraphs 

20 (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal 

21 Revenue Code of 1986 (relating to energy credit) are each 

22 amended by striking ‘‘January 1, 2017’’ and inserting 

23 ‘‘January 1, 2019’’. 

24 (b) FUEL CELL PROPERTY.—Subparagraph (E) of 

25 section 48(c)(1) of such Code (relating to qualified fuel 

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1 cell property) is amended by striking ‘‘December 31, 

2 2016’’ and inserting ‘‘December 31, 2018’’. 

3 (c) MICROTURBINE PROPERTY.—Subparagraph (D) 

4 of section 48(c)(2) of such Code (relating to qualified 

5 microturbine property) is amended by striking ‘‘December 

6 31, 2016’’ and inserting ‘‘December 31, 2018’’. 

7 (d) PROPERTY USING THERMAL ENERGY FROM

8 GROUND OR GROUND WATER.—Clause (vii) of section 

9 48(a)(3)(A) of such Code is amended by striking ‘‘Decem10 ber 31, 2017’’ and inserting ‘‘December 31, 2018’’. 

11 (e) COMBINED HEAT AND POWER SYSTEM PROP12 ERTY.—Clause (iv) of section 48(c)(3)(A) of such Code 

13 is amended by striking ‘‘December 31, 2017’’ and insert14 ing ‘‘December 31, 2018’’. 

15 (f) SMALL WIND ENERGY PROPERTY.—Subpara16 graph (C) of section 48(c)(4) of such Code is amended 

17 by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem18 ber 31, 2018’’. 

19 SEC. 311. EXTENSION OF CREDIT FOR CLEAN RENEWABLE 

20 ENERGY BONDS. 

21 (a) EXTENSION.—Section 54(m) of the Internal Rev22 enue Code of 1986 (relating to termination) is amended 

23 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem24 ber 31, 2018’’. 

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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to obligations issued after Decem3 ber 31, 2009. 

4 SEC. 312. EXTENSION OF CREDITS FOR BIODIESEL AND RE5 NEWABLE DIESEL. 

6 (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), and 

7 6427(e)(6)(B) of the Internal Revenue Code of 1986 are 

8 each amended by striking ‘‘December 31, 2009’’ and in9 serting ‘‘December 31, 2018’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to fuel produced, and sold or used, 

12 after December 31, 2009. 

13 TITLE IV—INCREASE DIVER14 SIFICATION AND EFFICIENCY 

15 OF AMERICA’S TRANSPOR16 TATION AND ELECTRIC SYS17 TEM 

18 Subtitle A—Diversification of Fuel 

19 Source for America’s Short-Haul 

20 Transportation System 

21 SEC. 401. MINIMUM FEDERAL FLEET REQUIREMENT. 

22 Section 303 of the Energy Policy Act of 1992 (42 

23 U.S.C. 13212) is amended— 

24 (1) in subsection (b)— 

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1 (A) by redesignating paragraphs (2) and 

2 (3) as paragraphs (3) and (4), respectively; 

3 (B) by inserting after paragraph (1) the 

4 following: 

5 ‘‘(2) PLUG-IN ELECTRIC DRIVE VEHICLES.—Of 

6 the total number of vehicles acquired by a Federal 

7 fleet under paragraph (1), at least the following per8 centage of the vehicles shall be plug-in electric drive 

9 vehicles (as defined in section 131(a) of the Energy 

10 Independence and Security Act of 2007 (42 U.S.C. 

11 17011(a))): 

12 ‘‘(A) 10 percent for fiscal year 2012. 

13 ‘‘(B) The applicable percentage for the 

14 preceding fiscal year increased by 5 percentage 

15 points (but not to exceed a total of 50 percent) 

16 for fiscal year 2013 and each subsequent fiscal 

17 year.’’; and 

18 (C) in paragraph (3) (as redesignated by 

19 subparagraph (A)), by inserting ‘‘or (2)’’ after 

20 ‘‘paragraph (1)’’; 

21 (2) by striking subsection (c) and inserting the 

22 following: 

23 ‘‘(c) ALLOCATION OF INCREMENTAL COSTS.—Sub24 ject to the availability of funds appropriated to carry out 

25 this subsection (to remain available until expended), the 

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1 General Services Administration shall pay the incremental 

2 cost of alternative fueled vehicles over the cost of com3 parable gasoline vehicles for vehicles that the Administra4 tion purchased for the use of the Administration or on 

5 behalf of other agencies, in a total amount of not to exceed 

6 $300,000,000 for any of fiscal years 2012 through 

7 2016.’’; 

8 (3) in subsection (f), by adding at the end the 

9 following: 

10 ‘‘(4) COMPLIANCE.—Compliance with this sub11 section shall not relieve the Federal agency of the 

12 obligations of the agency under subsection (b).’’; and 

13 (4) in subsection (g), by striking ‘‘fiscal years 

14 1993 through 1998’’ and inserting ‘‘each fiscal 

15 year’’. 

16 SEC. 402. USE OF HOV FACILITIES BY LIGHT-DUTY PLUG-IN 

17 ELECTRIC DRIVE VEHICLES. 

18 Section 166(b)(5) of title 23, United States Code, is 

19 amended— 

20 (1) in subparagraph (A), by striking ‘‘Before’’ 

21 and inserting ‘‘Except as provided in subparagraph 

22 (D), before’’; 

23 (2) in subparagraph (B), by striking ‘‘Before’’ 

24 and inserting ‘‘Except as provided in subparagraph 

25 (D), before’’; and 

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1 (3) by adding at the end the following: 

2 ‘‘(D) USE BY PLUG-IN ELECTRIC DRIVE

3 VEHICLES.— 

4 ‘‘(i) DEFINITION OF PLUG-IN ELEC5 TRIC DRIVE VEHICLE.—In this subpara6 graph, the term ‘plug-in electric drive vehi7 cle’ has the meaning given the term in sec8 tion 131(a) of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 

10 17011(a)). 

11 ‘‘(ii) USE OF HOV FACILITIES.—A 

12 State agency— 

13 ‘‘(I) shall permit vehicles that are 

14 certified as low emission and energy15 efficient vehicles in accordance with 

16 subsection (e) that are light-duty 

17 plug-in electric drive vehicles, and 

18 that are purchased on or before De19 cember 31 of the calendar year de20 scribed in clause (iii), as determined 

21 by the Secretary, to use HOV facili22 ties in the State; and 

23 ‘‘(II) shall not impose any toll or 

24 other charge on such a vehicle for use 

25 of an HOV facility in the State. 

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1 ‘‘(iii) CALENDAR YEAR.—The cal2 endar year referred to in clause (ii)(I) is 

3 the calendar year during which, as deter4 mined by the Secretary, the aggregate 

5 number of plug-in electric drive vehicles 

6 sold in the United States during all cal7 endar years exceeds 2,000,000. 

8 ‘‘(iv) PETITION.—A State may peti9 tion the Secretary to limit or discontinue 

10 the use of an HOV facility by plug-in elec11 tric drive vehicles if the State dem12 onstrates to the Secretary that the pres13 ence of the plug-in electric drive vehicles 

14 has degraded the operation of the HOV fa15 cility.’’. 

16 SEC. 403. RECHARGING INFRASTRUCTURE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) LOCAL GOVERNMENT.—The term ‘‘local 

19 government’’ has the meaning given the term in sec20 tion 3371 of title 5, United States Code. 

21 (2) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

22 term ‘‘plug-in electric drive vehicle’’ has the meaning 

23 given the term in section 131(a) of the Energy Inde24 pendence and Security Act of 2007 (42 U.S.C. 

25 17011(a)). 

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1 (3) RANGE EXTENSION INFRASTRUCTURE.— 

2 The term ‘‘range extension infrastructure’’ includes 

3 equipment, products, or services for recharging plug4 in electric drive vehicles that— 

5 (A) are available to retail consumers of 

6 electric drive vehicles on a nondiscriminatory 

7 basis; 

8 (B) provide for extending driving range 

9 through battery exchange or rapid recharging; 

10 and 

11 (C) are comparable in convenience and 

12 price to petroleum-based refueling services. 

13 (b) STUDY.— 

14 (1) IN GENERAL.—The Secretary shall conduct 

15 a study of— 

16 (A) the number and distribution of re17 charging facilities, including range extension in18 frastructure, that will be required for drivers of 

19 plug-in electric drive vehicles to reliably re20 charge the electric drive vehicles; 

21 (B) minimum technical standards for pub22 lic recharging facilities in coordination with the 

23 National Institute of Standards and Tech24 nology; and 

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1 (C) the concurrent technical and infra2 structure investments that electric utilities and 

3 electricity providers will be required to make to 

4 support widespread deployment of recharging 

5 infrastructure and the estimated costs of the in6 vestments. 

7 (2) COMPONENTS.—In conducting the study re8 quired under this subsection, the Secretary shall 

9 analyze— 

10 (A) the variety and density of recharging 

11 infrastructure options necessary to power plug12 in electric drive vehicles under diverse scenarios, 

13 including— 

14 (i) the ratio of residential, commer15 cial, and public recharging infrastructure 

16 options necessary to support 10 percent, 

17 20 percent, and 50 percent penetration of 

18 plug-in electric vehicles on a city fleet 

19 basis; 

20 (ii) the ratio of residential, commer21 cial, and public recharging infrastructure 

22 options necessary to support 10 percent, 

23 20 percent, and 50 percent penetration of 

24 plug-in electric vehicles on a national fleet 

25 basis; and 

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1 (iii) the potential impact of fast 

2 charging on penetration rates and utility 

3 power management requirements; 

4 (B) whether use of parking spots with ac5 cess to recharging facilities should be limited to 

6 plug-in electric drive vehicles; and 

7 (C) such other issues as the Secretary con8 siders appropriate. 

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

10 date of enactment of this Act, the Secretary shall 

11 submit to the appropriate committees of Congress a 

12 report on the results of the study conducted under 

13 this subsection, including any recommendations. 

14 (c) GRANTS AND LOANS TO STATE AND LOCAL GOV15 ERNMENTS FOR RECHARGING INFRASTRUCTURE.— 

16 (1) IN GENERAL.—Effective beginning October 

17 1, 2010, the Secretary shall establish a program 

18 under which the Secretary shall provide grants and 

19 loans to local governments to assist in the installa20 tion of recharging facilities for electric drive vehicles 

21 in areas under the jurisdiction of the local govern22 ments. The Secretary shall provide funding under 

23 this section to State or local governments to pay not 

24 more than fifty percent of the recharging infrastruc25 ture cost. 

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1 (2) ELIGIBILITY.—To be eligible to obtain a 

2 grant or loan under this subsection, a local govern3 ment shall— 

4 (A) demonstrate to the Secretary that the 

5 applicant has taken into consideration the find6 ings of the report submitted under subsection 

7 (b)(3), unless the local government demon8 strates to the Secretary that an alternative vari9 ety and density of recharging infrastructure op10 tions would better meet the purposes of this 

11 section; and 

12 (B) agree not to charge a premium for use 

13 of a parking space used to recharge an electric 

14 drive vehicle other than a charge for electric en15 ergy. 

16 (3) GUIDELINES.—The Secretary shall establish 

17 guidelines for carrying out this subsection that are 

18 consistent with the report submitted under sub19 section (b)(3). 

20 (4) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to the Sec22 retary to carry out this subsection a total of 

23 $250,000,000 for grants and a total of 

24 $250,000,000 for loans, to remain available until ex25 pended. 

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1 SEC. 404. LOAN GUARANTEES FOR ADVANCED BATTERY 

2 PURCHASES. 

3 Subtitle B of title I of the Energy and Independence 

4 and Security Act of 2007 (42 U.S.C. 17011 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY 

7 PURCHASES. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

10 term ‘plug-in electric drive vehicle’ has the meaning 

11 given the term in section 131(a). 

12 ‘‘(2) RANGE EXTENSION INFRASTRUCTURE.— 

13 The term ‘range extension infrastructure’ includes 

14 equipment, products, or services for recharging plug15 in electric drive vehicles that— 

16 ‘‘(A) are available to retail consumers of 

17 electric drive vehicles on a nondiscriminatory 

18 basis; 

19 ‘‘(B) provide for extended driving range 

20 through battery exchange or rapid recharging; 

21 and 

22 ‘‘(C) are comparable in convenience and 

23 price to petroleum-based refueling services. 

24 ‘‘(b) LOAN GUARANTEES.—The Secretary shall guar25 antee loans made to eligible entities for the aggregate pur26 chase by an eligible entity of not less than 5,000 batteries 

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1 that use advanced battery technology within a calendar 

2 year. 

3 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to obtain 

4 a loan guarantee under this section, an entity shall be— 

5 ‘‘(1) an original equipment manufacturer; 

6 ‘‘(2) a vehicle manufacturer; 

7 ‘‘(3) an electric utility; 

8 ‘‘(4) any provider of range extension infrastruc9 ture; or 

10 ‘‘(5) any other qualified entity, as determined 

11 by the Secretary. 

12 ‘‘(d) REGULATIONS.—The Secretary shall promul13 gate such regulations as are necessary to carry out this 

14 section. 

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section.’’. 

18 SEC. 405. STUDY OF END-OF-USEFUL LIFE OPTIONS FOR 

19 MOTOR VEHICLE BATTERIES. 

20 (a) IN GENERAL.—In combination with the research, 

21 demonstration, and deployment activities conducted under 

22 section 641(k) of the Energy and Independence and Secu23 rity Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall 

24 conduct a study on the end-of-useful life options for motor 

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1 tionary storage applications and recyclability design speci2 fications. 

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

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

5 the appropriate committees of Congress a report on the 

6 results of the study conducted under subsection (a), in7 cluding any recommendations. 

8 SEC. 406. STUDY AND DEMONSTRATION ELECTRIFICATION 

9 OF POSTAL FLEET. 

10 (a) IN GENERAL.—The Postal Service shall conduct 

11 a study of what portion of its mail delivery vehicles are 

12 capable of being replaced with plug-in hybrid electric vehi13 cles. 

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

15 of enactment of this Act, the Postal Service shall submit 

16 to the appropriate committees of Congress a report on the 

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

18 (c) PROTOTYPE PLUG-IN ELECTRIC HYBRID MAIL

19 DELIVERY VEHICLES.—Not later than 2 years after the 

20 date of enactment of this Act, the Postal One service shall 

21 contact for the development of a prototype plug-in electric 

22 hybrid mail delivery vehicles. 

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1 SEC. 407. MAXIMUM WEIGHT STUDY FOR ENERGY EFFI2 CIENCY AND SAFETY. 

3 (a) IN GENERAL.—The Secretary of Transportation, 

4 in consultation with the Administrator of the National 

5 Highway Traffic Safety Administration, shall conduct a 

6 study to investigate whether oil savings goals can be 

7 achieved in the trucking industry without adverse safety 

8 consequences by determining the safety impacts and other 

9 effects of increasing the maximum allowable gross weight 

10 for vehicles using the Interstate System to allow for larger, 

11 more fuel-efficient tractor-trailers. 

12 (b) STUDY COMPONENTS.—In conducting the study 

13 under this section, the Secretary of Transportation shall— 

14 (1) determine whether a vehicle with a supple15 mentary sixth axle and a gross weight of up to 

16 97,000 pounds that is traveling at 60 miles per hour 

17 is capable of stopping at a distance of 355 feet or 

18 less; 

19 (2) determine whether the use of the Interstate 

20 System by vehicles described in paragraph (1) would 

21 require a fundamental alteration of the vehicle archi22 tecture that is commonly used for the transportation 

23 of goods as of the day before the date of the enact24 ment of this Act; 

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1 (3) analyze the safety impacts of allowing vehi2 cles described in paragraph (1) to use the Interstate 

3 System; and 

4 (4) consider the potential impact on highway 

5 safety of applying lower speed limits on such vehicles 

6 than the speed limits in effect on the day before the 

7 date of the enactment of this Act. 

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

9 of the enactment of this Act, the Secretary shall submit 

10 a report to Congress that contains the results of the study 

11 conducted under this section, including a determination by 

12 the Secretary as to whether permitting vehicles with a sup13 plementary sixth axle and a gross weight of not more than 

14 97,000 pounds to use the Interstate System would have 

15 an adverse impact on highway safety. 

16 (d) DEFINITION.—In this section, the term ‘‘Inter17 state System’’ has the meaning given that term in section 

18 101(a) of title 23, United States Code. 

19 Subtitle B—Incentives for 

20 Diversification of Transportation 

21 SEC. 420. AMENDMENT OF 1986 CODE. 

22 Except as otherwise expressly provided, whenever in 

23 this subtitle an amendment or repeal is expressed in terms 

24 of an amendment to, or repeal of, a section or other provi25 sion, the reference shall be considered to be made to a 

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1 section or other provision of the Internal Revenue Code 

2 of 1986. 

3 SEC. 421. EXTENSION OF CREDIT FOR MEDIUM AND HEAVY4 DUTY HYBRID VEHICLES. 

5 (a) IN GENERAL.—Paragraph (3) of section 30B(k) 

6 is amended by striking ‘‘December 31, 2009’’ and insert7 ing ‘‘December 31, 2014’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall apply to vehicles acquired after the date 

10 of the enactment of this Act. 

11 SEC. 422. EXTENSION OF CREDIT AND EXTENSION OF TEM12 PORARY INCREASE IN CREDIT FOR ALTER13 NATIVE FUEL VEHICLE REFUELING PROP14 ERTY. 

15 (a) EXTENSION OF CREDIT.—Subsection (g) of sec16 tion 30C is amended by striking ‘‘service—’’ and all that 

17 follows and inserting ‘‘service after December 31, 2018.’’. 

18 (b) EXTENSION OF TEMPORARY INCREASE.—Para19 graph (6) of section 30C(e) is amended— 

20 (1) by striking ‘‘January 1, 2011’’ and insert21 ing ‘‘January 1, 2019’’, and 

22 (2) by striking ‘‘AND 2010’’ in the heading and 

23 inserting ‘‘THROUGH 2018’’. 

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

2 this section shall apply to taxable years beginning after 

3 December 31, 2010. 

4 SEC. 423. EXTENSION AND EXPANSION OF CREDIT FOR NEW 

5 QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 

6 VEHICLES. 

7 (a) EXTENSION.—Section 30D is amended by adding 

8 at the end the following new subsection: 

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

10 any property purchased after December 31, 2018.’’. 

11 (b) RESTORATION OF CREDIT FOR LARGE NEW

12 QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES

13 WEIGHING OVER 14,000 POUNDS.— 

14 (1) IN GENERAL.—The last sentence of section 

15 30D(b)(3) is amended to read as follows: ‘‘The 

16 amount determined under this paragraph shall not 

17 exceed— 

18 ‘‘(A) $5,000, in the case of any new quali19 fied plug-in electric drive motor vehicle with a 

20 gross vehicle weight rating of not more than 

21 14,000 pounds, 

22 ‘‘(B) $10,000, in the case of any new 

23 qualified plug-in electric drive motor vehicle 

24 with a gross vehicle weight rating of more than 

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1 14,000 pounds but not more than 26,000 

2 pounds, and 

3 ‘‘(C) $12,500, in the case of any new 

4 qualified plug-in electric drive motor vehicle 

5 with a gross vehicle weight rating of more than 

6 26,000 pounds.’’. 

7 (2) CONFORMING AMENDMENTS.—Paragraph 

8 (1) of section 30D(d) is amended by adding ‘‘and’’ 

9 at the end of subparagraph (D), by striking sub10 paragraph (E), and by redesignating subparagraph 

11 (F) as subparagraph (E). 

12 (c) INCREASE IN PER MANUFACTURER CAP.—Para13 graph (2) of section 30D(e) is amended by striking 

14 ‘‘200,000’’ and inserting ‘‘400,000’’. 

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

16 this section shall apply to vehicles acquired after the date 

17 of the enactment of this Act. 

18 SEC. 424. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN 

19 ELECTRIC VEHICLES. 

20 (a) IN GENERAL.—Subsection (f) of section 30 is 

21 amended by striking ‘‘December 31, 2011’’ and inserting 

22 ‘‘December 31, 2018’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall apply to vehicles acquired after the date 

25 of the enactment of this Act. 

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1 SEC. 425. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC 

2 DRIVE MOTOR VEHICLES. 

3 (a) PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE

4 CREDIT.—Subpart B of part IV of subchapter A of chap5 ter 1 (relating to other credits) is amended as follows: 

6 (1) Subsection (a) of section 30D is amended to 

7 read as follows: 

8 ‘‘(a) ALLOWANCE OF CREDIT.— 

9 ‘‘(1) IN GENERAL.—There shall be allowed as a 

10 credit against the tax imposed by this chapter for 

11 the taxable year an amount equal to the applicable 

12 amount with respect to— 

13 ‘‘(A) each new qualified plug-in electric 

14 drive motor vehicle placed in service by the tax15 payer during the taxable year, or 

16 ‘‘(B) each automotive grade battery pur17 chased by the taxpayer during the taxable year 

18 subject to a minimum purchase of 1,000 bat19 teries with a battery capacity no smaller than 

20 5 kilowatt hours. 

21 ‘‘(2) APPLICABLE AMOUNT.— 

22 ‘‘(A) For purposes of paragraph (1)(A), 

23 the applicable amount is the sum of— 

24 ‘‘(i) $2,500, plus 

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1 ‘‘(ii) $417 for each kilowatt hour of 

2 traction battery capacity in excess of kilo3 watt hours. 

4 ‘‘(B) For purposes of paragraph (1)(B), 

5 the applicable amount is the sum of— 

6 ‘‘(i) $1,000, plus 

7 ‘‘(ii) $200 for each kilowatt hour of 

8 traction battery capacity in excess of 5 kil9 owatt hours.’’. 

10 (2) Subsection (c)(6) is amended by striking 

11 the the period and inserting ‘‘, and’’ and inserting 

12 after it: 

13 ‘‘(7) is not powered by a battery for which any 

14 taxpayer received a tax credit pursuant to subsection 

15 (a)(1)(B) of this section.’’. 

16 (3) Subsections (d), (e), (f), and (g) are redes17 ignated as subsections (e), (f), (g), and (h) and a 

18 new subsection (d) is inserted: 

19 ‘‘(d) QUALIFIED AUTOMOTIVE BATTERY.—For pur20 poses of this section, the term ‘qualified automotive bat21 tery’ means a battery with at least 5 kilowatt hours of 

22 traction battery capacity that is designed for use in quali23 fied plug-in electric drive motor vehicles but is purchased 

24 for non-automotive applications.’’. 

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1 SEC. 426. TAX CREDIT FOR MOST EFFICIENT VEHICLE IN 

2 CLASS. 

3 Subpart B of part IV of subchapter A of chapter 1 

4 (relating to other credits) is amended by adding at the 

5 end the following new section: 

6 ‘‘SEC. 30E. MOST EFFICIENT VEHICLE IN CLASS CREDIT. 

7 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al8 lowed as a credit against the tax imposed by this chapter 

9 for the taxable year an amount equal to $2,000 for each 

10 car that is determined to be the ‘most efficient vehicle in 

11 class’ placed in service by the taxpayer during the taxable 

12 year. 

13 ‘‘(b) MOST EFFICIENT VEHICLE IN CLASS.—For 

14 purposes of this section, the term ‘most efficient vehicle 

15 in class’ means the motor vehicle identified as the most 

16 efficient vehicle in each class of vehicle in the Annual Fuel 

17 Economy Guide published by the Environmental Protec18 tion Agency.’’. 

19 SEC. 427. STUDY OF DEVELOPMENT OF COMMON STAND20 ARDS FOR PHEVS AND EVS BETWEEN THE 

21 UNITED STATES, EUROPE AND ASIA. 

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

23 study identifying the components of electric vehicles, hy24 brid-electric vehicles and plug-in hybrid-electric vehicles 

25 for which it is important that there be common standards 

26 within the United States and between the United States, 

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1 European and Asian automakers and examine the extent 

2 to which such standards are (or are not) or have been (or 

3 have not been) developed, and the status of any such ef4 forts to develop such standards. 

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

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

7 the appropriate committees of Congress a report on the 

8 results of the study conducted under subsection (a), in9 cluding any recommendations. 

10 Subtitle C—Low Carbon 

11 Diversification of Electric System 

12 SEC. 431. INNOVATIVE LOW-CARBON LOAN GUARANTEE 

13 PROGRAM. 

14 Section 1703 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16513) is amended— 

16 (1) in subsection (b), by adding at the end the 

17 following: 

18 ‘‘(11) Innovative low-carbon technology projects 

19 in accordance with subsection (f).’’; and 

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

21 ‘‘(f) INNOVATIVE LOW-CARBON TECHNOLOGY

22 PROJECTS.— 

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

24 guarantees to carry out innovative low-carbon tech25 nologies projects. 

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1 ‘‘(2) FUNDING.— 

2 ‘‘(A) IN GENERAL.—Subject to the Federal 

3 Credit Reform Act of 1990 (2 U.S.C. 661 et 

4 seq.), the total principal amount of loans guar5 anteed to carry out projects under this sub6 section shall not exceed $50,000,000,000, to re7 main available until committed. 

8 ‘‘(B) ADDITIONAL AMOUNTS.—Amounts 

9 made available to carry out this subsection shall 

10 be in addition to any other authority provided 

11 for fiscal year 2010 or any previous fiscal year. 

12 ‘‘(C) SOURCE OF FUNDS.— 

13 ‘‘(i) IN GENERAL.—Amounts made 

14 available to carry out this subsection shall 

15 be— 

16 ‘‘(I) derived from amounts re17 ceived from borrowers pursuant to 

18 section 1702(b)(2) for fiscal year 

19 2010 or any previous fiscal year; and 

20 ‘‘(II) collected in accordance with 

21 the Federal Credit Reform Act of 

22 1990 (2 U.S.C. 661 et seq.). 

23 ‘‘(ii) TREATMENT.—The source of 

24 payment received from borrowers described 

25 in clause (i) shall be not considered a loan 

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1 or other debt obligation that is guaranteed 

2 by the Federal Government. 

3 ‘‘(D) SUBSIDY COST.—In accordance with 

4 section 1702(b)(2), no appropriations to carry 

5 out this subsection shall be available to pay the 

6 subsidy cost of guarantees.’’. 

Æ 

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