II 

Calendar No. 110 

111TH CONGRESS 

1ST SESSION S. 1462 

[Report No. 111–48] 

To promote clean energy technology development, enhanced energy efficiency, 

improved energy security, and energy innovation and workforce development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2009 

Mr. BINGAMAN, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To promote clean energy technology development, enhanced 

energy efficiency, improved energy security, and energy 

innovation and workforce development, 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 ‘‘American Clean Energy Leadership Act of 2009’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—CLEAN ENERGY TECHNOLOGY DEPLOYMENT 

Subtitle A—Clean Energy Financing 

Sec. 101. Purpose. 

Sec. 102. Definitions. 

Sec. 103. Improvements to existing programs. 

Sec. 104. Energy technology deployment goals. 

Sec. 105. Clean Energy Deployment Administration. 

Sec. 106. Administration functions. 

Sec. 107. Federal Credit Authority. 

Sec. 108. General provisions. 

Subtitle B—Improved Transmission Siting 

Sec. 121. Siting of interstate electric transmission facilities. 

Subtitle C—Federal Renewable Electricity Standard 

Sec. 131. Sense of Congress on renewable energy and energy efficiency. 

Sec. 132. Federal renewable electricity standard. 

Sec. 133. Federal purchase requirement amendments. 

Subtitle D—Energy and Water Integration 

Sec. 141. Energy water nexus study. 

Sec. 142. Power plant water and energy efficiency. 

Sec. 143. Reclamation water conservation and energy savings study. 

Sec. 144. Brackish groundwater national desalination research facility. 

Sec. 145. Enhanced information on water-related energy consumption. 

Sec. 146. Energy-Water Research and Development Roadmap. 

Sec. 147. Energy-water clean technology grant program. 

Sec. 148. Rural water utilities energy and water efficiency program. 

Sec. 149. Comprehensive water use and energy savings study. 

Subtitle E—Vehicle Technology Deployment 

Sec. 151. Transportation roadmap study. 

Sec. 152. Vehicle technology and recharging infrastructure. 

Sec. 153. Electric drive transportation standardization. 

Sec. 154. Pilot program for plug-in electric drive vehicles for Federal fleet. 

Sec. 155. Study of end-of-useful life options for motor vehicle batteries. 

TITLE II—ENHANCED ENERGY EFFICIENCY 

Subtitle A—Manufacturing Energy Efficiency 

Sec. 201. State partnership industrial energy efficiency revolving loan program. 

Sec. 202. Coordination of research and development of energy efficient technologies for industry. 

Sec. 203. Energy efficient technologies assessment. 


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Sec. 204. Future of Industry program. 

Sec. 205. Sustainable manufacturing initiative. 

Sec. 206. Innovation in industry grants. 

Sec. 207. Study of advanced energy technology manufacturing capabilities in 

the United States. 

Sec. 208. Industrial Technologies steering committee. 

Sec. 209. Authorization of appropriations. 

Subtitle B—Improved Efficiency in Appliances and Equipment 

Sec. 221. Test procedure petition process. 

Sec. 222. Energy Star program. 

Sec. 223. Petition for amended standards. 

Sec. 224. Portable light fixtures. 

Sec. 225. GU–24 base lamps. 

Sec. 226. Standards for certain incandescent reflector lamps and reflector 

lamps. 

Sec. 227. Standards for commercial furnaces. 

Sec. 228. Motor efficiency rebate program. 

Sec. 229. Study of compliance with energy standards for appliances. 

Sec. 230. Study of direct current electricity supply in certain buildings. 

Sec. 231. Motor market assessment and commercial awareness program. 

Sec. 232. Study regarding Energy Superstar concept. 

Sec. 233. Technical amendment. 

Subtitle C—Building Efficiency 

PART I—BUILDING CODES

Sec. 241. Greater energy efficiency in building codes. 

Sec. 242. Multifamily and Manufactured Housing Energy Efficiency Grant 

Program. 

Sec. 243. Building training and assessment centers. 

PART II—WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

Sec. 251. Weatherization assistance for low-income persons. 

PART III—STATE ENERGY PROGRAM

Sec. 255. State Energy Program. 

PART IV—STATE ENERGY EFFICIENCY GRANTS PROGRAM

Sec. 261. Definitions. 

Sec. 262. State energy efficiency retrofit programs. 

Sec. 263. Administrative and technical support. 

Sec. 264. Regulations. 

Sec. 265. Funding. 

Sec. 266. Home Energy Retrofit Finance Program. 

PART V—FEDERAL EFFICIENCY AND RENEWABLES

Sec. 271. Federal purchase requirement. 

Sec. 272. Competition requirements for task or delivery orders under energy 

savings performance contracts. 

Sec. 273. Funding flexibility. 

Sec. 274. Definition of energy savings. 


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Sec. 275. National energy efficiency improvement goals. 

Sec. 276. Energy sustainability and efficiency grants and loans for institutions. 

Sec. 277. Federal implementation strategy for energy-efficient information and 

communications technologies. 

Sec. 278. Incentives for Federal agencies to participate in energy efficiency programs. 

PART VI—ENERGY EFFICIENCY INFORMATION ON HOMES AND BUILDINGS

Sec. 281. Building energy performance information program. 

Sec. 282. Evaluation, measurement, and verification of energy savings. 

PART VII—RESIDENTIAL HIGH PERFORMANCE ZERO-NET-ENERGY

BUILDINGS INITIATIVE

Sec. 291. Residential High Performance Zero-Net-Energy Buildings Initiative. 

Subtitle D—Electric Grid 

Sec. 295. National electric system efficiency and peak demand reduction goal. 

Sec. 296. Uniform national standards for interconnection of certain small 

power production facilities. 

TITLE III—IMPROVED ENERGY SECURITY 

Subtitle A—Cyber Security of the Electric Transmission Grid 

Sec. 301. Critical electric infrastructure. 

Subtitle B—Nuclear Energy 

Sec. 311. National Commission on Nuclear Waste. 

Sec. 312. Sense of Congress regarding the strategic role of nuclear energy. 

Sec. 313. Advanced fuel recycling process development. 

Subtitle C—Improving United States Strategic Reserves 

Sec. 321. Petroleum product reserve. 

Sec. 322. Petroleum exchange authority. 

Subtitle D—Federal Oil and Gas Development 

PART I—OIL AND GAS LEASING

Sec. 331. Oil and Gas Permit Processing Improvement Fund. 

Sec. 332. Facilitation of coproduction of geothermal energy on oil and gas 

leases. 

PART II—OUTER CONTINENTAL SHELF

Sec. 341. Implementation of inventory of outer Continental Shelf resources. 

Sec. 342. Alaska OCS permit processing coordination office. 

Sec. 343. Moratorium of oil and gas leasing in certain areas of the Gulf of 

Mexico. 

Sec. 344. Repeal of outer Continental Shelf deep water and deep gas royalty 

relief. 

PART III—MISCELLANEOUS

Sec. 351. Minerals Management Service. 


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Sec. 352. Preservation of geological and geophysical data. 

Sec. 353. Alaska natural gas pipeline. 

Sec. 354. Denali National Park and Preserve natural gas pipeline. 

Sec. 355. Exemption of trans-Alaska oil pipeline system from certain requirements. 

Sec. 356. Procurement and acquisition of alternative fuels. 

Sec. 357. Geologic Materials Archiving Grant Program. 

Subtitle E—Public Land Renewable Energy Deployment 

Sec. 361. Renewable energy Federal permit coordination. 

Sec. 362. Extension of funding for implementation of Geothermal Steam Act of 

1970. 

Sec. 363. Programmatic environmental impact statements and land use planning. 

Sec. 364. Report. 

Sec. 365. Renewable energy development on brownfield sites. 

Sec. 366. Development of solar and wind energy on public land. 

Subtitle F—Carbon Capture 

Sec. 371. Large-scale carbon storage program. 

Sec. 372. Training program for State agencies. 

Subtitle G—Island Energy 

Sec. 381. Affiliated island energy independence team. 

TITLE IV—ENERGY INNOVATION AND WORKFORCE 

DEVELOPMENT 

Subtitle A—Funding 

Sec. 401. Authorization of appropriations for energy research, development, 

demonstration, and commercial application activities. 

Subtitle B—Grand Energy Challenges Research Initiative 

Sec. 411. Grand Energy Challenges Research Initiative. 

Subtitle C—Improvements to Existing Energy Research and Development 

Programs 

Sec. 421. Advanced Research Projects Agency—Energy. 

Sec. 422. Domestic vehicle battery manufacturing research. 

Sec. 423. Lightweight materials research and development. 

Sec. 424. Amendments to the Methane Hydrate Research and Development Act 

of 2000. 

Sec. 425. Program to exploit low-Btu gas and conserve helium resources. 

Sec. 426. Office of Arctic Energy. 

Sec. 427. Ultra-deepwater and unconventional natural gas and other petroleum 

resources program. 

Subtitle D—Energy Workforce Development 

Sec. 431. Best practices for energy career academies. 

Sec. 432. Energy career academies. 

Sec. 433. Energy utility trades program for community colleges. 

Sec. 434. Student awareness of energy career opportunities. 


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Sec. 435. Coordination of energy workforce training programs. 

Sec. 436. Direct hire authority. 

Sec. 437. Critical pay authority. 

Sec. 438. Reemployment of civilian retirees. 

Sec. 439. Sustainable energy training program for community colleges. 

Subtitle E—Strengthening Education and Training in the Subsurface 

Geosciences and Engineering for Energy Development 

Sec. 451. Definitions. 

Sec. 452. Policy. 

Sec. 453. Research personnel and programs. 

Sec. 454. Scholarships and fellowships. 

Sec. 455. Career technical and community college education. 

Sec. 456. Use of funds by institutions. 

Sec. 457. Advisory Committee. 

Sec. 458. Office; regulations. 

Sec. 459. Authorization of appropriations. 

Sec. 460. Study of availability of skilled workers. 

Subtitle F—Miscellaneous 

Sec. 471. Other transactions authority. 

Sec. 472. Definition of National Laboratory. 

Sec. 473. Protection of results. 

Sec. 474. Marine and hydrokinetic renewable energy research and development. 

TITLE V—ENERGY MARKETS 

Sec. 501. Enhanced information on critical energy supplies. 

Sec. 502. Working Group on Energy Markets. 

Sec. 503. Study of regulatory framework for energy markets. 

Sec. 504. Metadata formats for energy prices. 

Sec. 505. Emergency orders under the Federal Power Act. 

Sec. 506. Cease-and-desist authority under the Federal Power Act. 

Sec. 507. Cease-and-desist authority under the Natural Gas Act. 

Sec. 508. De novo review of civil penalties under the Natural Gas Act. 

TITLE VI—POLICY STUDIES AND REPORTS 

Sec. 601. Helium gas resource assessment. 

Sec. 602. Potash mineral resource assessment. 

Sec. 603. Better energy strategy for tomorrow. 

Sec. 604. Addressing climate change in China and India. 

Sec. 605. Carbon leakage mitigation study. 

Sec. 606. Study of foreign fuel subsidies. 

Sec. 607. Assessment of renewable energy resources. 

Sec. 608. Efficiency review of electric generation facilities. 

Sec. 609. Report on emissions of alternative transportation fuels. 

Sec. 610. Oil savings. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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


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1 TITLE I—CLEAN ENERGY 

2 TECHNOLOGY DEPLOYMENT 

3 Subtitle A—Clean Energy 

4 Financing 

5 SEC. 101. PURPOSE. 

6 The purpose of this subtitle is to promote the domes7 tic development and deployment of clean energy tech8 nologies required for the 21st century through the im9 provement of existing programs and the establishment of 

10 a self-sustaining Clean Energy Deployment Administra11 tion that will provide for an attractive investment environ12 ment through partnership with and support of the private 

13 capital market in order to promote access to affordable 

14 financing for accelerated and widespread deployment of— 

15 (1) clean energy technologies; 

16 (2) advanced or enabling energy infrastructure 

17 technologies; 

18 (3) energy efficiency technologies in residential, 

19 commercial, and industrial applications, including 

20 end-use efficiency in buildings; and 

21 (4) manufacturing technologies for any of the 

22 technologies or applications described in this section. 

23 SEC. 102. DEFINITIONS. 

24 In this subtitle: 


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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Clean Energy Deployment Adminis3 tration established by section 105. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Administra6 tion. 

7 (3) ADVISORY COUNCIL.—The term ‘‘Advisory 

8 Council’’ means the Energy Technology Advisory 

9 Council of the Administration. 

10 (4) BREAKTHROUGH TECHNOLOGY.—The term 

11 ‘‘breakthrough technology’’ means a clean energy 

12 technology that— 

13 (A) presents a significant opportunity to 

14 advance the goals developed under section 104, 

15 as assessed under the methodology established 

16 by the Advisory Council; but 

17 (B) has generally not been considered a 

18 commercially ready technology as a result of 

19 high perceived technology risk or other similar 

20 factors. 

21 (5) CLEAN ENERGY TECHNOLOGY.—The term 

22 ‘‘clean energy technology’’ means a technology re23 lated to the production, use, transmission, storage, 

24 control, or conservation of energy that will— 


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1 (A) reduce the need for additional energy 

2 supplies by using existing energy supplies with 

3 greater efficiency or by transmitting, distrib4 uting, or transporting energy with greater effec5 tiveness through the infrastructure of the 

6 United States; 

7 (B) diversify the sources of energy supply 

8 of the United States to strengthen energy secu9 rity and to increase supplies with a favorable 

10 balance of environmental effects if the entire 

11 technology system is considered; or 

12 (C) contribute to a stabilization of atmos13 pheric greenhouse gas concentrations through 

14 reduction, avoidance, or sequestration of en15 ergy-related emissions. 

16 (6) COST.—The term ‘‘cost’’ has the meaning 

17 given the term in section 502 of the Federal Credit 

18 Reform Act of 1990 (2 U.S.C. 661a). 

19 (7) DIRECT LOAN.—The term ‘‘direct loan’’ has 

20 the meaning given the term in section 502 of the 

21 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

22 (8) FUND.—The term ‘‘Fund’’ means the Clean 

23 Energy Investment Fund established by section 

24 103(a). 


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1 (9) LOAN GUARANTEE.—The term ‘‘loan guar2 antee’’ has the meaning given the term in section 

3 502 of the Federal Credit Reform Act of 1990 (2 

4 U.S.C. 661a). 

5 (10) NATIONAL LABORATORY.—The term ‘‘Na6 tional Laboratory’’ has the meaning given the term 

7 in section 2 of the Energy Policy Act of 2005 (42 

8 U.S.C. 15801). 

9 (11) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Energy. 

11 (12) SECURITY.—The term ‘‘security’’ has the 

12 meaning given the term in section 2 of the Securities 

13 Act of 1933 (15 U.S.C. 77b). 

14 (13) STATE.—The term ‘‘State’’ means— 

15 (A) a State; 

16 (B) the District of Columbia; 

17 (C) the Commonwealth of Puerto Rico; 

18 and 

19 (D) any other territory or possession of the 

20 United States. 

21 (14) TECHNOLOGY RISK.—The term ‘‘tech22 nology risk’’ means the risks during construction or 

23 operation associated with the design, development, 

24 and deployment of clean energy technologies (includ25 ing the cost, schedule, performance, reliability and 


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1 maintenance, and accounting for the perceived risk), 

2 from the perspective of commercial lenders, that 

3 may be increased as a result of the absence of ade4 quate historical construction, operating, or perform5 ance data from commercial applications of the tech6 nology. 

7 SEC. 103. IMPROVEMENTS TO EXISTING PROGRAMS. 

8 (a) CLEAN ENERGY INVESTMENT FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the Treasury of the United States a revolving fund, 

11 to be known as the ‘‘Clean Energy Investment 

12 Fund’’, consisting of— 

13 (A) such amounts as have been appro14 priated for administrative expenses to carry out 

15 title XVII of the Energy Policy Act of 2005 (42 

16 U.S.C. 16511 et seq.); 

17 (B) such amounts as are deposited in the 

18 Fund under this subtitle and amendments made 

19 by this subtitle; and 

20 (C) such sums as may be appropriated to 

21 supplement the Fund. 

22 (2) EXPENDITURES FROM FUND.— 

23 (A) IN GENERAL.—Notwithstanding sec24 tion 1705(e) of the Energy Policy Act of 2005 

25 (42 U.S.C. 16516(e)), amounts in the Fund 


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1 shall be available to the Secretary for obligation 

2 without fiscal year limitation, to remain avail3 able until expended. 

4 (B) ADMINISTRATIVE EXPENSES.— 

5 (i) FEES.—Fees collected for adminis6 trative expenses shall be available without 

7 limitation to cover applicable expenses. 

8 (ii) FUND.—To the extent that ad9 ministrative expenses are not reimbursed 

10 through fees, an amount not to exceed 1.5 

11 percent of the amounts in the Fund as of 

12 the beginning of each fiscal year shall be 

13 available to pay the administrative ex14 penses for the fiscal year necessary to 

15 carry out title XVII of the Energy Policy 

16 Act of 2005 (42 U.S.C. 16511 et seq.). 

17 (3) TRANSFERS OF AMOUNTS.— 

18 (A) IN GENERAL.—The amounts required 

19 to be transferred to the Fund under this sub20 section shall be transferred at least monthly 

21 from the general fund of the Treasury to the 

22 Fund on the basis of estimates made by the 

23 Secretary of the Treasury. 

24 (B) CASH FLOWS.—Cash flows associated 

25 with costs of the Fund described in section 


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1 502(5)(B) of the Federal Credit Reform Act of 

2 1990 (2 U.S.C. 661a(5)(B)) shall be trans3 ferred to appropriate credit accounts. 

4 (C) ADJUSTMENTS.—Proper adjustment 

5 shall be made in amounts subsequently trans6 ferred to the extent prior estimates were in ex7 cess of or less than the amounts required to be 

8 transferred. 

9 (b) REVISIONS TO LOAN GUARANTEE PROGRAM AU10 THORITY.— 

11 (1) DEFINITION OF COMMERCIAL TECH12 NOLOGY.—Section 1701(1) of the Energy Policy Act 

13 of 2005 (42 U.S.C. 16511(1)) is amended by strik14 ing subparagraph (B) and inserting the following: 

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

16 technology’ does not include a technology if the 

17 sole use of the technology is in connection 

18 with— 

19 ‘‘(i) a demonstration project; or 

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

21 approved a loan guarantee.’’. 

22 (2) SPECIFIC APPROPRIATION OR CONTRIBU23 TION.—Section 1702 of the Energy Policy Act of 

24 2005 (42 U.S.C. 16512) is amended by striking sub25 section (b) and inserting the following: 


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1 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU2 TION.— 

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

4 made unless sufficient amounts to account for the 

5 cost are available— 

6 ‘‘(A) in unobligated balances within the 

7 Clean Energy Investment Fund established 

8 under section 103(a) of the American Clean 

9 Energy Leadership Act of 2009; 

10 ‘‘(B) as a payment from the borrower and 

11 the payment is deposited in the Clean Energy 

12 Investment Fund; or 

13 ‘‘(C) in any combination of balances and 

14 payments described in subparagraphs (A) and 

15 (B), respectively. 

16 ‘‘(2) LIMITATION.—The source of payments re17 ceived from a borrower under paragraph (1)(B) shall 

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

19 or guaranteed by the Federal Government. 

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

21 504(b) of the Federal Credit Reform Act of 1990 (2 

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

23 guarantee under this section.’’. 

24 (3) SUBROGATION.—Section 1702(g)(2) of the 

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


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1 is amended by striking subparagraphs (B) and (C) 

2 and inserting the following: 

3 ‘‘(B) SUPERIORITY OF RIGHTS.—Except as 

4 provided in subparagraph (C), the rights of the 

5 Secretary, with respect to any property ac6 quired pursuant to a guarantee or related 

7 agreements, shall be superior to the rights of 

8 any other person with respect to the property. 

9 ‘‘(C) TERMS AND CONDITIONS.—A guar10 antee agreement shall include such detailed 

11 terms and conditions as the Secretary deter12 mines appropriate to— 

13 ‘‘(i) protect the interests of the United 

14 States in the case of default; 

15 ‘‘(ii) have available all the patents and 

16 technology necessary for any person se17 lected, including the Secretary, to complete 

18 and operate the project; 

19 ‘‘(iii) provide for sharing the proceeds 

20 received from the sale of project assets 

21 with other creditors or control the disposi22 tion of project assets if necessary to pro23 tect the interests of the United States in 

24 the case of default; and 


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1 ‘‘(iv) provide such lien priority in 

2 project assets as necessary to protect the 

3 interests of the United States in the case 

4 of a default.’’. 

5 (4) FEES.—Section 1702(h) of the Energy Pol6 icy Act of 2005 (42 U.S.C. 16512(h)) is amended by 

7 striking paragraph (2) and inserting the following: 

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

9 subsection shall— 

10 ‘‘(A) be deposited by the Secretary in the 

11 Clean Energy Investment Fund established 

12 under section 103(a) of the American Clean 

13 Energy Leadership Act of 2009; and 

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

15 expenditure, without further appropriation or 

16 fiscal year limitation, for administrative ex17 penses incurred in carrying out this title. 

18 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

19 the amount or manner of collection of fees under 

20 this title as the Secretary determines is necessary to 

21 promote, to the maximum extent practicable, eligible 

22 projects under this title. 

23 ‘‘(4) EXCESS FEES.—Of the amount of a fee 

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1 fundable to the applicant if there is no financial 

2 close on the application, unless the Secretary deter3 mines that the administrative costs of the Depart4 ment have exceeded the amount retained. 

5 ‘‘(5) CREDIT REPORT.—If, in the opinion of the 

6 Secretary, the credit rating of an applicant is not 

7 relevant to the determination of whether or not sup8 port will be provided and the applicant agrees to ac9 cept the credit rating assigned to the applicant by 

10 the Secretary, the Secretary may waive any require11 ment to provide a third-party credit report.’’. 

12 (5) PROCESSING.—Section 1702 of the Energy 

13 Policy Act of 2005 (42 U.S.C. 16512) is amended 

14 by adding at the end the following: 

15 ‘‘(k) ACCELERATED REVIEWS.—To the maximum ex16 tent practicable and consistent with sound business prac17 tices, the Secretary shall seek to conduct necessary reviews 

18 concurrently of an application for a loan guarantee under 

19 this title such that decisions as to whether to enter into 

20 a commitment on the application can be issued not later 

21 than 180 days after the date of submission of a completed 

22 application.’’. 

23 (6) WAGE RATES.—Section 1705(c) of the En24 ergy Policy Act of 2005 (42 U.S.C. 16516(c)) is 


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1 amended by striking ‘‘support under this section’’ 

2 and inserting ‘‘support under this title’’. 

3 SEC. 104. ENERGY TECHNOLOGY DEPLOYMENT GOALS. 

4 (a) GOALS.—Not later than 1 year after the date of 

5 enactment of this Act, the Secretary, after consultation 

6 with the Advisory Council, shall develop and publish for 

7 review and comment in the Federal Register near-, me8 dium-, and long-term goals (including numerical perform9 ance targets at appropriate intervals to measure progress 

10 toward those goals) for the deployment of clean energy 

11 technologies through the credit support programs estab12 lished by this subtitle (including an amendment made by 

13 this subtitle) to promote— 

14 (1) sufficient electric generating capacity using 

15 clean energy technologies to meet the energy needs 

16 of the United States; 

17 (2) clean energy technologies in vehicles and 

18 fuels that will substantially reduce the reliance of 

19 the United States on foreign sources of energy and 

20 insulate consumers from the volatility of world en21 ergy markets; 

22 (3) a domestic commercialization and manufac23 turing capacity that will establish the United States 

24 as a world leader in clean energy technologies across 

25 multiple sectors; 


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1 (4) installation of sufficient infrastructure to 

2 allow for the cost-effective deployment of clean en3 ergy technologies appropriate to each region of the 

4 United States; 

5 (5) the transformation of the building stock of 

6 the United States to zero net energy consumption; 

7 (6) the recovery, use, and prevention of waste 

8 energy; 

9 (7) domestic manufacturing of clean energy 

10 technologies on a scale that is sufficient to achieve 

11 price parity with conventional energy sources; 

12 (8) domestic production of commodities and 

13 materials (such as steel, chemicals, polymers, and 

14 cement) using clean energy technologies so that the 

15 United States will become a world leader in environ16 mentally sustainable production of the commodities 

17 and materials; 

18 (9) a robust, efficient, and interactive electricity 

19 transmission grid that will allow for the incorpora20 tion of clean energy technologies, distributed genera21 tion, smart grid functions, and demand-response in 

22 each regional electric grid; 

23 (10) sufficient availability of financial products 

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1 ficiency and distributed generation technology in2 vestments with reasonable payback periods; and 

3 (11) such other goals as the Secretary, in con4 sultation with the Advisory Council, determines to be 

5 consistent with the purposes of this subtitle. 

6 (b) REVISIONS.—The Secretary shall revise the goals 

7 established under subsection (a), from time to time as ap8 propriate, to account for advances in technology and 

9 changes in energy policy. 

10 SEC. 105. CLEAN ENERGY DEPLOYMENT ADMINISTRATION. 

11 (a) ESTABLISHMENT.— 

12 (1) IN GENERAL.—There is established in the 

13 Department of Energy an administration to be 

14 known as the Clean Energy Deployment Administra15 tion, under the direction of the Administrator and 

16 the Board of Directors. 

17 (2) STATUS.— 

18 (A) IN GENERAL.—The Administration 

19 (including officers, employees, and agents of the 

20 Administration) shall not be responsible to, or 

21 subject to the authority, direction, or control of, 

22 any other officer, employee, or agent of the De23 partment of Energy other than the Secretary, 

24 acting through the Administrator. 


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1 (B) EXEMPTION FROM REORGANIZA2 TION.—The Administration shall be exempt 

3 from the reorganization authority provided 

4 under section 643 of the Department of Energy 

5 Organization Act (42 U.S.C. 7253). 

6 (C) INSPECTOR GENERAL.—Section 12 of 

7 the Inspector General Act of 1978 (5 U.S.C. 

8 App.) is amended— 

9 (i) in paragraph (1), by inserting ‘‘the 

10 Administrator of the Clean Energy Deploy11 ment Administration;’’ after ‘‘Export-Im12 port Bank;’’; and 

13 (ii) in paragraph (2), by inserting 

14 ‘‘the Clean Energy Deployment Adminis15 tration,’’ after ‘‘Export-Import Bank,’’. 

16 (3) OFFICES.— 

17 (A) PRINCIPAL OFFICE.—The Administra18 tion shall— 

19 (i) maintain the principal office of the 

20 Administration in the District of Columbia; 

21 and 

22 (ii) for purposes of venue in civil ac23 tions, be considered to be a resident of the 

24 District of Columbia. 


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1 (B) OTHER OFFICES.—The Administration 

2 may establish other offices in such other places 

3 as the Administration considers necessary or 

4 appropriate for the conduct of the business of 

5 the Administration. 

6 (b) ADMINISTRATOR.— 

7 (1) IN GENERAL.—The Administrator shall 

8 be— 

9 (A) appointed by the President, with the 

10 advice and consent of the Senate, for a 5-year 

11 term; and 

12 (B) compensated at the annual rate of 

13 basic pay prescribed for level II of the Execu14 tive Schedule under section 5313 of title 5, 

15 United States Code. 

16 (2) DUTIES.—The Administrator shall— 

17 (A) serve as the Chief Executive Officer of 

18 the Administration and Chairman of the Board; 

19 (B) ensure that— 

20 (i) the Administration operates in a 

21 safe and sound manner, including mainte22 nance of adequate capital and internal con23 trols (consistent with section 404 of the 

24 Sarbanes-Oxley Act of 2002 (15 U.S.C. 

25 7262)); 


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1 (ii) the operations and activities of the 

2 Administration foster liquid, efficient, com3 petitive, and resilient energy and energy ef4 ficiency finance markets; 

5 (iii) the Administration carries out the 

6 purposes of this subtitle only through ac7 tivities that are authorized under and con8 sistent with this subtitle; and 

9 (iv) the activities of the Administra10 tion and the manner in which the Adminis11 tration is operated are consistent with the 

12 public interest; 

13 (C) develop policies and procedures for the 

14 Administration that will— 

15 (i) promote a self-sustaining portfolio 

16 of investments that will maximize the value 

17 of investments to effectively promote clean 

18 energy technologies; 

19 (ii) promote transparency and open20 ness in Administration operations; 

21 (iii) afford the Administration with 

22 sufficient flexibility to meet the purposes of 

23 this subtitle; 

24 (iv) provide for the efficient proc25 essing of applications; 


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1 (v) promote, consistent with the pur2 poses of this Act, the participation of pri3 vate financial institutions and other 

4 sources of private capital, on commercially 

5 reasonable terms, if and to the extent the 

6 capital is available; and 

7 (vi) promote the availability of finan8 cial products to small business through 

9 working with entities that have appropriate 

10 expertise extending credit or other relevant 

11 financial services to small companies devel12 oping clean energy technologies; and 

13 (D) with the concurrence of the Board, set 

14 expected loss reserves for the support provided 

15 by the Administration consistent with section 

16 106(a)(1)(C). 

17 (c) BOARD OF DIRECTORS.— 

18 (1) IN GENERAL.—The Board of Directors of 

19 the Administration shall consist of— 

20 (A) the Secretary or the designee of the 

21 Secretary, who shall serve as an ex-officio vot22 ing member of the Board of Directors; 

23 (B) the Administrator, who shall serve as 

24 the Chairman of the Board of Directors; and 

25 (C) 7 additional members who shall— 


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1 (i) be appointed by the President, 

2 with the advice and consent of the Senate, 

3 for staggered 5-year terms; and 

4 (ii) have experience in banking or fi5 nancial services relevant to the operations 

6 of the Administration, including individuals 

7 with substantial experience in the develop8 ment of energy projects, the electricity 

9 generation sector, the transportation sec10 tor, the manufacturing sector, and the en11 ergy efficiency sector. 

12 (2) DUTIES.—The Board of Directors shall— 

13 (A) oversee the operations of the Adminis14 tration and ensure industry best practices are 

15 followed in all financial transactions involving 

16 the Administration; 

17 (B) consult with the Administrator on the 

18 general policies and procedures of the Adminis19 tration to ensure the interests of the taxpayers 

20 are protected; 

21 (C) ensure the portfolio of investments are 

22 consistent with purposes of this subtitle and 

23 with the long-term financial stability of the Ad24 ministration; 


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1 (D) ensure that the operations and activi2 ties of the Administration are consistent with 

3 the development of a robust private sector that 

4 can provide commercial loans or financing prod5 ucts; and 

6 (E) not serve on a full-time basis, except 

7 that the Board of Directors shall meet at least 

8 quarterly to review, as appropriate, applications 

9 for credit support and set policies and proce10 dures as necessary. 

11 (3) REMOVAL.—An appointed member of the 

12 Board of Directors may be removed from office by 

13 the President for good cause. 

14 (4) VACANCIES.—An appointed seat on the 

15 Board of Directors that becomes vacant shall be 

16 filled by appointment by the President, but only for 

17 the unexpired portion of the term of the vacating 

18 member. 

19 (5) COMPENSATION OF MEMBERS.—An ap20 pointed member of the Board of Directors shall be 

21 compensated at a rate equal to the daily equivalent 

22 of the annual rate of basic pay prescribed for level 

23 III of the Executive Schedule under section 5314 of 

24 title 5, United States Code, for each day (including 

25 travel time) during which the member is engaged in 


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1 the performance of the duties of the Board of Direc2 tors. 

3 (d) ENERGY TECHNOLOGY ADVISORY COUNCIL.— 

4 (1) IN GENERAL.—The Administration shall 

5 have an Energy Technology Advisory Council con6 sisting of— 

7 (A) 5 members selected by the Secretary; 

8 and 

9 (B) 3 members selected by the Board of 

10 Directors of the Administration. 

11 (2) QUALIFICATIONS.—The members of the Ad12 visory Council shall— 

13 (A) have relevant scientific expertise; and 

14 (B) in the case of the members selected by 

15 the Secretary under paragraph (1)(A), include 

16 representatives of— 

17 (i) the academic community; 

18 (ii) the private research community; 

19 (iii) National Laboratories; 

20 (iv) the technology or project develop21 ment community; and 

22 (v) the commercial energy financing 

23 and operations sector. 

24 (3) DUTIES.—The Advisory Council shall— 


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1 (A) develop and publish for comment in 

2 the Federal Register a methodology for assess3 ment of clean energy technologies that will 

4 allow the Administration to evaluate projects 

5 based on the progress likely to be achieved per6 dollar invested in maximizing the attributes of 

7 the definition of clean energy technology, taking 

8 into account the extent to which support for a 

9 clean energy technology is likely to accrue sub10 sequent benefits that are attributable to a com11 mercial scale deployment taking place earlier 

12 than that which otherwise would have occurred 

13 without the support; and 

14 (B) advise on the technological approaches 

15 that should be supported by the Administration 

16 to meet the technology deployment goals estab17 lished by the Secretary pursuant to section 104. 

18 (4) TERM.— 

19 (A) IN GENERAL.—Members of the Advi20 sory Council shall have 5-year staggered terms, 

21 as determined by the Secretary and the Admin22 istrator. 

23 (B) REAPPOINTMENT.—A member of the 

24 Advisory Council may be reappointed. 


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1 (5) COMPENSATION.—A member of the Advi2 sory Council, who is not otherwise compensated as 

3 a Federal employee, shall be compensated at a rate 

4 equal to the daily equivalent of the annual rate of 

5 basic pay prescribed for level IV of the Executive 

6 Schedule under section 5315 of title 5, United 

7 States Code, for each day (including travel time) 

8 during which the member is engaged in the perform9 ance of the duties of the Advisory Council. 

10 (e) STAFF.— 

11 (1) IN GENERAL.—The Administrator, in con12 sultation with the Board of Directors, may— 

13 (A) appoint and terminate such officers, 

14 attorneys, employees, and agents as are nec15 essary to carry out this subtitle; and 

16 (B) vest those personnel with such powers 

17 and duties as the Administrator may determine. 

18 (2) DIRECT HIRE AUTHORITY.— 

19 (A) IN GENERAL.—Notwithstanding sec20 tion 3304 and sections 3309 through 3318 of 

21 title 5, United States Code, the Administrator 

22 may, on a determination that there is a severe 

23 shortage of candidates or a critical hiring need 

24 for particular positions, recruit and directly ap25 point highly qualified critical personnel with 


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1 specialized knowledge important to the function 

2 of the Administration into the competitive serv3 ice. 

4 (B) EXCEPTION.—The authority granted 

5 under subparagraph (A) shall not apply to posi6 tions in the excepted service or the Senior Exec7 utive Service. 

8 (C) REQUIREMENTS.—In exercising the 

9 authority granted under subparagraph (A), the 

10 Administrator shall ensure that any action 

11 taken by the Administrator— 

12 (i) is consistent with the merit prin13 ciples of section 2301 of title 5, United 

14 States Code; and 

15 (ii) complies with the public notice re16 quirements of section 3327 of title 5, 

17 United States Code. 

18 (D) TERMINATION OF EFFECTIVENESS.— 

19 The authority provided by this paragraph ter20 minates effective on the date that is 2 years 

21 after the date of enactment of this Act. 

22 (3) CRITICAL PAY AUTHORITY.— 

23 (A) IN GENERAL.—Notwithstanding sec24 tion 5377 of title 5, United States Code, and 

25 without regard to the provisions of that title 


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1 governing appointments in the competitive serv2 ice or the Senior Executive Service and chap3 ters 51 and 53 of that title (relating to classi4 fication and pay rates), the Administrator may 

5 establish, fix the compensation of, and appoint 

6 individuals to critical positions needed to carry 

7 out the functions of the Administration, if the 

8 Administrator certifies that— 

9 (i) the positions require expertise of 

10 an extremely high level in a financial, tech11 nical, or scientific field; 

12 (ii) the Administration would not suc13 cessfully accomplish an important mission 

14 without such an individual; and 

15 (iii) exercise of the authority is nec16 essary to recruit an individual who is ex17 ceptionally well qualified for the position. 

18 (B) LIMITATIONS.—The authority granted 

19 under subparagraph (A) shall be subject to the 

20 following conditions: 

21 (i) The number of critical positions 

22 authorized by subparagraph (A) may not 

23 exceed 20 at any 1 time in the Administra24 tion. 


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1 (ii) The term of an appointment 

2 under subparagraph (A) may not exceed 4 

3 years. 

4 (iii) An individual appointed under 

5 subparagraph (A) may not have been an 

6 Administration employee at any time dur7 ing the 2-year period preceding the date of 

8 appointment. 

9 (iv) Total annual compensation for 

10 any individual appointed under subpara11 graph (A) may not exceed the highest total 

12 annual compensation payable at the rate 

13 determined under section 104 of title 3, 

14 United States Code. 

15 (v) An individual appointed under 

16 subparagraph (A) may not be considered 

17 to be an employee for purposes of sub18 chapter II of chapter 75 of title 5, United 

19 States Code. 

20 (C) NOTIFICATION.—Each year, the Ad21 ministrator shall submit to Congress a notifica22 tion that lists each individual appointed under 

23 this paragraph. 

24 SEC. 106. ADMINISTRATION FUNCTIONS. 

25 (a) OPERATIONAL UNITS.— 


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1 (1) DIRECT SUPPORT.— 

2 (A) IN GENERAL.—The Administration 

3 may issue direct loans, letters of credit, loan 

4 guarantees, insurance products, or such other 

5 credit enhancements (including through partici6 pation as a co-lender or a lending member of a 

7 syndication) as the Administrator considers ap8 propriate to deploy clean energy technologies if 

9 the Administrator has determined that deploy10 ment of the technologies would benefit or be ac11 celerated by the support. 

12 (B) ELIGIBILITY CRITERIA.—In carrying 

13 out this paragraph and awarding credit support 

14 to projects, the Administrator shall account 

15 for— 

16 (i) how the technology rates based on 

17 an evaluation methodology established by 

18 the Advisory Council; 

19 (ii) how the project fits with the goals 

20 established under section 104; and 

21 (iii) the potential for the applicant to 

22 successfully complete the project. 

23 (C) RISK.— 

24 (i) EXPECTED LOAN LOSS RE25 SERVE.—The Administrator shall establish 


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1 an expected loan loss reserve to account 

2 for estimated losses attributable to activi3 ties under this section that is consistent 

4 with the purposes of— 

5 (I) developing breakthrough tech6 nologies to the point at which tech7 nology risk is largely mitigated; 

8 (II) achieving widespread deploy9 ment and advancing the commercial 

10 viability of clean energy technologies; 

11 and 

12 (III) advancing the goals estab13 lished under section 104. 

14 (ii) INITIAL EXPECTED LOAN LOSS

15 RESERVE.—Until such time as the Admin16 istrator determines sufficient data exist to 

17 establish an expected loan loss reserve that 

18 is appropriate, the Administrator shall con19 sider establishing an initial rate of 10 per20 cent for the portfolio of investments under 

21 this subtitle. 

22 (iii) PORTFOLIO INVESTMENT AP23 PROACH.—The Administration shall— 


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1 (I) use a portfolio investment ap2 proach to mitigate risk and diversify 

3 investments across technologies; 

4 (II) to the maximum extent prac5 ticable and consistent with long-term 

6 self-sufficiency, weigh the portfolio of 

7 investments in projects to advance the 

8 goals established under section 104; 

9 and 

10 (III) consistent with the expected 

11 loan loss reserve established under 

12 this subparagraph, the purposes of 

13 this subtitle, and section 

14 105(b)(2)(B), provide the maximum 

15 practicable percentage of support to 

16 promote breakthrough technologies. 

17 (iv) LOSS RATE REVIEW.— 

18 (I) IN GENERAL.—The Board of 

19 Directors shall review on an annual 

20 basis the loss rates of the portfolio to 

21 determine the adequacy of the re22 serves. 

23 (II) REPORT.—Not later than 90 

24 days after the date of the initiation of 

25 the review, the Administrator shall 


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1 submit to the Committee on Energy 

2 and Natural Resources of the Senate 

3 and the Committee on Energy and 

4 Commerce of the House of Represent5 atives a report describing the results 

6 of the review and any recommended 

7 policy changes. 

8 (D) APPLICATION REVIEW.— 

9 (i) IN GENERAL.—To the maximum 

10 extent practicable and consistent with 

11 sound business practices, the Administra12 tion shall seek to consolidate reviews of ap13 plications for credit support under this 

14 subtitle such that final decisions on appli15 cations can generally be issued not later 

16 than 180 days after the date of submission 

17 of a completed application. 

18 (ii) ENVIRONMENTAL REVIEW.—In 

19 carrying out this subtitle, the Administra20 tion shall, to the maximum extent prac21 ticable— 

22 (I) avoid duplicating efforts that 

23 have already been undertaken by 

24 other agencies (including State agenVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 cies acting under Federal programs); 

2 and 

3 (II) with the advice of the Coun4 cil on Environmental Quality and any 

5 other applicable agencies, use the ad6 ministrative records of similar reviews 

7 conducted throughout the executive 

8 branch to develop the most expedi9 tious review process practicable. 

10 (E) WAGE RATE REQUIREMENTS.— 

11 (i) IN GENERAL.—No credit support 

12 shall be issued under this section unless 

13 the borrower has provided to the Adminis14 trator reasonable assurances that all labor15 ers and mechanics employed by contractors 

16 and subcontractors in the performance of 

17 construction work financed in whole or in 

18 part by the Administration will be paid 

19 wages at rates not less than those pre20 vailing on projects of a character similar to 

21 the contract work in the civil subdivision of 

22 the State in which the contract work is to 

23 be performed as determined by the Sec24 retary of Labor in accordance with subVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 chapter IV of chapter 31 of part A of sub2 title II of title 40, United States Code. 

3 (ii) LABOR STANDARDS.—With re4 spect to the labor standards specified in 

5 this section, the Secretary of Labor shall 

6 have the authority and functions set forth 

7 in Reorganization Plan Numbered 14 of 

8 1950 (64 Stat. 1267; 5 U.S.C. App.) and 

9 section 3145 of title 40, United States 

10 Code. 

11 (2) INDIRECT SUPPORT.— 

12 (A) IN GENERAL.—The Administration 

13 shall work to develop financial products and ar14 rangements to both promote the widespread de15 ployment of, and mobilize private sector support 

16 of credit and investment institutions for, clean 

17 energy technologies by facilitating aggregation 

18 of small projects and by providing indirect cred19 it support, including credit enhancement. 

20 (B) FINANCIAL PRODUCTS.—The Adminis21 tration— 

22 (i) in cooperation with Federal, State, 

23 local, and private sector entities, shall de24 velop debt instruments that provide for the 

25 aggregation of, or directly aggregate, 


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1 projects for clean energy technology de2 ployments on a scale appropriate for resi3 dential or commercial applications; and 

4 (ii) may insure, purchase, and make 

5 commitments to purchase, any debt instru6 ment associated with the deployment of 

7 clean energy technologies (including instru8 ments secured by liens or other collateral 

9 related to the funding of clean energy tech10 nology) for the purposes of enhancing the 

11 availability of private financing for clean 

12 energy technology deployments. 

13 (C) DISPOSITION OF DEBT OR INTER14 EST.—The Administration may acquire, hold, 

15 and sell or otherwise dispose of, pursuant to 

16 commitments or otherwise, any debt associated 

17 with the deployment of clean energy tech18 nologies or interest in the debt. 

19 (D) PRICING.— 

20 (i) IN GENERAL.—The Administrator 

21 may establish requirements, and impose 

22 charges or fees, which may be regarded as 

23 elements of pricing, for different classes of 

24 sellers, servicers, or services. 


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1 (ii) CLASSIFICATION OF SELLERS AND

2 SERVICERS.—For the purpose of clause (i), 

3 the Administrator may classify sellers and 

4 servicers as necessary to promote trans5 parency and liquidity and properly charac6 terize the risk of default. 

7 (E) ELIGIBILITY.—The Administrator 

8 shall establish— 

9 (i) eligibility criteria for loan origina10 tors, sellers, and servicers seeking support 

11 for portfolios of financial obligations relat12 ing to clean energy technologies so as to 

13 ensure the capability of the loan origina14 tors, sellers, and servicers to perform the 

15 functions required to maintain the ex16 pected performance of the portfolios; and 

17 (ii) such criteria, standards, guide18 lines, and mechanisms such that, to the 

19 maximum extent practicable, loan origina20 tors and sellers will be able to determine 

21 the eligibility of loans for resale at the time 

22 of initial lending. 

23 (F) SECONDARY MARKET SUPPORT.— 

24 (i) IN GENERAL.—The Administration 

25 may lend on the security of, and make 


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1 commitments to lend on the security of, 

2 any debt that the Administration has 

3 issued or is authorized to purchase under 

4 this section. 

5 (ii) AUTHORIZED ACTIONS.—On such 

6 terms and conditions as the Administrator 

7 may prescribe, the Administration may, 

8 based on the debt and with the concur9 rence of the Board of Directors— 

10 (I) give security or guarantee; 

11 (II) pay interest or other return; 

12 and 

13 (III) issue notes, debentures, 

14 bonds, or other obligations or securi15 ties. 

16 (G) LENDING ACTIVITIES.— 

17 (i) IN GENERAL.—The Administrator 

18 shall determine— 

19 (I) the volume of the lending ac20 tivities of the Administration; and 

21 (II) the types of loan ratios, risk 

22 profiles, interest rates, maturities, and 

23 charges or fees in the secondary mar24 ket operations of the Administration. 


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1 (ii) OBJECTIVES.—Determinations 

2 under clause (i) shall be consistent with 

3 the objectives of— 

4 (I) providing an attractive invest5 ment environment for clean energy 

6 technologies; 

7 (II) making the operations of the 

8 Administration self-supporting over 

9 the long term; and 

10 (III) advancing the goals estab11 lished under section 104. 

12 (H) EXEMPT SECURITIES.—All securities 

13 issued or guaranteed by the Administration 

14 shall, to the same extent as securities that are 

15 direct obligations of or obligations guaranteed 

16 as to principal or interest by the United States, 

17 be considered to be exempt securities within the 

18 meaning of the laws administered by the Secu19 rities and Exchange Commission. 

20 (b) OTHER AUTHORIZED PROGRAMS.— 

21 (1) IN GENERAL.—The Secretary may delegate 

22 to the Administration the provision of financial serv23 ices and program management for grant, loan, and 

24 other credit enhancement programs authorized 

25 under any other provision of law. 


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1 (2) ADMINISTRATION.—In administering any 

2 other program delegated by the Secretary, the Ad3 ministration shall, to the maximum extent prac4 ticable (as determined by the Administrator)— 

5 (A) administer the program in a manner 

6 that is consistent with the terms and conditions 

7 of this subtitle; and 

8 (B) minimize the administrative costs to 

9 the Federal Government. 

10 SEC. 107. FEDERAL CREDIT AUTHORITY. 

11 (a) TRANSFER OF FUNCTIONS AND AUTHORITY.— 

12 (1) IN GENERAL.—Subject to paragraph (2), on 

13 a finding by the Secretary and the Administrator 

14 that the Administration is sufficiently ready to as15 sume the functions and that applicants to those pro16 grams will not be unduly adversely affected but in 

17 no case later than 18 months after the date of en18 actment of this Act, all of the functions and author19 ity of the Secretary under title XVII of the Energy 

20 Policy Act of 2005 (42 U.S.C. 16511 et seq.) and 

21 authorities established by this subtitle shall be trans22 ferred to the Administration. 

23 (2) FAILURE TO TRANSFER FUNCTIONS.—If the 

24 functions and authorities are not transferred to the 

25 Administration in accordance with paragraph (1), 


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1 the Secretary and the Administrator shall submit to 

2 Congress a report on the reasons for delay and an 

3 expected timetable for transfer of the functions and 

4 authorities to the Administration. 

5 (3) EFFECT ON EXISTING RIGHTS AND OBLIGA6 TIONS.—The transfer of functions and authority 

7 under this subsection shall not affect the rights and 

8 obligations of any party that arise under a prede9 cessor program or authority prior to the transfer 

10 under this subsection. 

11 (4) TRANSFER OF FUND AUTHORITY.— 

12 (A) IN GENERAL.—On transfer of func13 tions pursuant to paragraph (1), the Adminis14 tration shall have all authorities to make use of 

15 the Fund reserved for the Secretary before the 

16 transfer. 

17 (B) ADMINISTRATIVE EXPENSES.—Effec18 tive beginning on the date of enactment of this 

19 Act, the Administrator may make use of up to 

20 1.5 percent of the amounts in the Fund as of 

21 the beginning of each fiscal year to pay admin22 istrative expenses for that fiscal year to carry 

23 out the purposes of this Act. 

24 (5) USE.— 


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1 (A) IN GENERAL.—Amounts in the Fund 

2 shall be available for discharge of liabilities and 

3 all other expenses of the Administration, includ4 ing subsequent transfer to the respective credit 

5 accounts. 

6 (B) LIABILITY.—All activities of the Ad7 ministration that could result in a liability for 

8 the United States shall be transparently ac9 counted for and no obligation or liability may 

10 be incurred unless— 

11 (i) the appropriate amounts are trans12 ferred to credit accounts for activities pur13 suant to the Federal Credit Reform Act of 

14 1990 (2 U.S.C. 661a); or 

15 (ii) sufficient amounts are reserved 

16 within the Fund to account for such liabil17 ities. 

18 (6) INITIAL INVESTMENT.— 

19 (A) IN GENERAL.—On transfer of func20 tions pursuant to paragraph (1), out of any 

21 funds in the Treasury not otherwise appro22 priated, the Secretary of the Treasury shall 

23 transfer to the Fund to carry out this subtitle 

24 $10,000,000,000, to remain available until ex25 pended. 


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1 (B) RECEIPT AND ACCEPTANCE.—The 

2 Fund shall be entitled to receive and shall ac3 cept, and shall be used to carry out this sub4 title, the funds transferred to the Fund under 

5 subparagraph (A), without further appropria6 tion. 

7 (7) AUTHORIZATION OF APPROPRIATIONS.—In 

8 addition to funds made available by paragraphs (1) 

9 through (6), there are authorized to be appropriated 

10 to the Fund such sums as are necessary to carry out 

11 this subtitle. 

12 (b) PAYMENTS OF LIABILITIES.— 

13 (1) IN GENERAL.—Any payment to discharge li14 abilities arising from agreements under this subtitle 

15 shall be made exclusively out of the Fund or the as16 sociated credit account, as appropriate. 

17 (2) SECURITY.—Subject to paragraph (1), the 

18 full faith and credit of the United States is pledged 

19 to the payment of all obligations entered into by the 

20 Administration pursuant to this subtitle. 

21 (c) FEES.— 

22 (1) IN GENERAL.—Consistent with achieving 

23 the purposes of this subtitle, the Administrator shall 

24 charge fees or collect compensation generally in ac25 cordance with commercial rates. 


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1 (2) AVAILABILITY OF FEES.—All fees collected 

2 by the Administration may be retained by the Ad3 ministration and placed in the Fund and may re4 main available to the Administration, without fur5 ther appropriation or fiscal year limitation, for use 

6 in carrying out the purposes of this subtitle. 

7 (3) BREAKTHROUGH TECHNOLOGIES.—The Ad8 ministration shall charge the minimum amount in 

9 fees or compensation practicable for breakthrough 

10 technologies, consistent with the long-term viability 

11 of the Administration, unless the Administration 

12 first determines that a higher charge will not impede 

13 the development of the technology. 

14 (4) ALTERNATIVE FEE ARRANGEMENTS.—The 

15 Administration may use such alternative arrange16 ments (such as profit participation, contingent fees, 

17 and other valuable contingent interests) as the Ad18 ministration considers appropriate to compensate the 

19 Administration for the expenses of the Administra20 tion and the risk inherent in the support of the Ad21 ministration. 

22 (d) COST TRANSFER AUTHORITY.—Amounts col23 lected by the Administration for the cost of a loan or loan 

24 guarantee shall be transferred by the Administration to 

25 the respective credit program accounts. 


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1 (e) SUPPLEMENTAL BORROWING AUTHORITY.—In 

2 order to maintain sufficient liquidity for activities author3 ized under section 106(a)(2), the Administration may 

4 issue notes, debentures, bonds, or other obligations for 

5 purchase by the Secretary of the Treasury. 

6 (f) PUBLIC DEBT TRANSACTIONS.—For the purpose 

7 of subsection (e)— 

8 (1) the Secretary of the Treasury may use as 

9 a public debt transaction the proceeds of the sale of 

10 any securities issued under chapter 31 of title 31, 

11 United States Code; and 

12 (2) the purposes for which securities may be 

13 issued under that chapter are extended to include 

14 any purchase under this subsection. 

15 (g) MAXIMUM OUTSTANDING HOLDING.—The Sec16 retary of the Treasury shall purchase instruments issued 

17 under subsection (e) to the extent that the purchase would 

18 not increase the aggregate principal amount of the out19 standing holdings of obligations under subsection (e) by 

20 the Secretary of the Treasury to an amount that is greater 

21 than $2,000,000,000. 

22 (h) RATE OF RETURN.—Each purchase of obligations 

23 by the Secretary of the Treasury under this section shall 

24 be on terms and conditions established to yield a rate of 

25 return determined by the Secretary of the Treasury to be 


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1 appropriate, taking into account the current average rate 

2 on outstanding marketable obligations of the United 

3 States as of the last day of the month preceding the pur4 chase. 

5 (i) SALE OF OBLIGATIONS.—The Secretary of the 

6 Treasury may at any time sell, on terms and conditions 

7 and at prices determined by the Secretary of the Treasury, 

8 any of the obligations acquired by the Secretary of the 

9 Treasury under this section. 

10 (j) PUBLIC DEBT TRANSACTIONS.—All redemptions, 

11 purchases, and sales by the Secretary of the Treasury of 

12 obligations under this section shall be treated as public 

13 debt transactions of the United States. 

14 SEC. 108. GENERAL PROVISIONS. 

15 (a) IMMUNITY FROM IMPAIRMENT, LIMITATION, OR

16 RESTRICTION.— 

17 (1) IN GENERAL.—All rights and remedies of 

18 the Administration (including any rights and rem19 edies of the Administration on, under, or with re20 spect to any mortgage or any obligation secured by 

21 a mortgage) shall be immune from impairment, limi22 tation, or restriction by or under— 

23 (A) any law (other than a law enacted by 

24 Congress expressly in limitation of this para25 graph) that becomes effective after the acquisiVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 tion by the Administration of the subject or 

2 property on, under, or with respect to which the 

3 right or remedy arises or exists or would so 

4 arise or exist in the absence of the law; or 

5 (B) any administrative or other action that 

6 becomes effective after the acquisition. 

7 (2) STATE LAW.—The Administrator may con8 duct the business of the Administration without re9 gard to any qualification or law of any State relating 

10 to incorporation. 

11 (b) USE OF OTHER AGENCIES.—With the consent of 

12 a department, establishment, or instrumentality (including 

13 any field office), the Administration may— 

14 (1) use and act through any department, estab15 lishment, or instrumentality; or 

16 (2) use, and pay compensation for, information, 

17 services, facilities, and personnel of the department, 

18 establishment, or instrumentality. 

19 (c) PROCUREMENT.—The Administrator shall be the 

20 senior procurement officer for the Administration for pur21 poses of section 16(a) of the Office of Federal Procure22 ment Policy Act (41 U.S.C. 414(a)). 

23 (d) FINANCIAL MATTERS.— 


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1 (1) INVESTMENTS.—Funds of the Administra2 tion may be invested in such investments as the 

3 Board of Directors may prescribe. 

4 (2) FISCAL AGENTS.—Any Federal Reserve 

5 bank or any bank as to which at the time of the des6 ignation of the bank by the Administrator there is 

7 outstanding a designation by the Secretary of the 

8 Treasury as a general or other depository of public 

9 money, may be designated by the Administrator as 

10 a depositary or custodian or as a fiscal or other 

11 agent of the Administration. 

12 (e) JURISDICTION.—Notwithstanding section 1349 of 

13 title 28, United States Code, or any other provision of 

14 law— 

15 (1) the Administration shall be considered a 

16 corporation covered by sections 1345 and 1442 of 

17 title 28, United States Code; 

18 (2) all civil actions to which the Administration 

19 is a party shall be considered to arise under the laws 

20 of the United States, and the district courts of the 

21 United States shall have original jurisdiction of all 

22 such actions, without regard to amount or value; 

23 and 

24 (3) any civil or other action, case or controversy 

25 in a court of a State, or in any court other than a 


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1 district court of the United States, to which the Ad2 ministration is a party may at any time before trial 

3 be removed by the Administration, without the giv4 ing of any bond or security and by following any 

5 procedure for removal of causes in effect at the time 

6 of the removal— 

7 (A) to the district court of the United 

8 States for the district and division embracing 

9 the place in which the same is pending; or 

10 (B) if there is no such district court, to the 

11 district court of the United States for the dis12 trict in which the principal office of the Admin13 istration is located. 

14 (f) PERIODIC REPORTS.—Not later than 1 year after 

15 commencement of operation of the Administration and at 

16 least biannually thereafter, the Administrator shall submit 

17 to the Committee on Energy and Natural Resources of 

18 the Senate and the Committee on Energy and Commerce 

19 of the House of Representatives a report that includes a 

20 description of— 

21 (1) the technologies supported by activities of 

22 the Administration and how the activities advance 

23 the purposes of this subtitle; and 

24 (2) the performance of the Administration on 

25 meeting the goals established under section 104. 


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1 (g) AUDITS BY THE COMPTROLLER GENERAL.— 

2 (1) IN GENERAL.—The programs, activities, re3 ceipts, expenditures, and financial transactions of 

4 the Administration shall be subject to audit by the 

5 Comptroller General of the United States under 

6 such rules and regulations as may be prescribed by 

7 the Comptroller General. 

8 (2) ACCESS.—The representatives of the Gov9 ernment Accountability Office shall— 

10 (A) have access to the personnel and to all 

11 books, accounts, documents, records (including 

12 electronic records), reports, files, and all other 

13 papers, automated data, things, or property be14 longing to, under the control of, or in use by 

15 the Administration, or any agent, representa16 tive, attorney, advisor, or consultant retained by 

17 the Administration, and necessary to facilitate 

18 the audit; 

19 (B) be afforded full facilities for verifying 

20 transactions with the balances or securities held 

21 by depositories, fiscal agents, and custodians; 

22 (C) be authorized to obtain and duplicate 

23 any such books, accounts, documents, records, 

24 working papers, automated data and files, or 


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1 other information relevant to the audit without 

2 cost to the Comptroller General; and 

3 (D) have the right of access of the Comp4 troller General to such information pursuant to 

5 section 716(c) of title 31, United States Code. 

6 (3) ASSISTANCE AND COST.— 

7 (A) IN GENERAL.—For the purpose of con8 ducting an audit under this subsection, the 

9 Comptroller General may, in the discretion of 

10 the Comptroller General, employ by contract, 

11 without regard to section 3709 of the Revised 

12 Statutes (41 U.S.C. 5), professional services of 

13 firms and organizations of certified public ac14 countants for temporary periods or for special 

15 purposes. 

16 (B) REIMBURSEMENT.— 

17 (i) IN GENERAL.—On the request of 

18 the Comptroller General, the Administra19 tion shall reimburse the General Account20 ability Office for the full cost of any audit 

21 conducted by the Comptroller General 

22 under this subsection. 

23 (ii) CREDITING.—Such reimburse24 ments shall— 


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1 (I) be credited to the appropria2 tion account entitled ‘‘Salaries and 

3 Expenses, Government Accountability 

4 Office’’ at the time at which the pay5 ment is received; and 

6 (II) remain available until ex7 pended. 

8 (h) ANNUAL INDEPENDENT AUDITS.— 

9 (1) IN GENERAL.—The Administrator shall— 

10 (A) have an annual independent audit 

11 made of the financial statements of the Admin12 istration by an independent public accountant 

13 in accordance with generally accepted auditing 

14 standards; and 

15 (B) submit to the Secretary the results of 

16 the audit. 

17 (2) CONTENT.—In conducting an audit under 

18 this subsection, the independent public accountant 

19 shall determine and report on whether the financial 

20 statements of the Administration— 

21 (A) are presented fairly in accordance with 

22 generally accepted accounting principles; and 

23 (B) comply with any disclosure require24 ments imposed under this subtitle. 

25 (i) FINANCIAL REPORTS.— 


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1 (1) IN GENERAL.—The Administrator shall 

2 submit to the Secretary annual and quarterly re3 ports of the financial condition and operations of the 

4 Administration, which shall be in such form, contain 

5 such information, and be submitted on such dates as 

6 the Secretary shall require. 

7 (2) CONTENTS OF ANNUAL REPORTS.—Each 

8 annual report shall include— 

9 (A) financial statements prepared in ac10 cordance with generally accepted accounting 

11 principles; 

12 (B) any supplemental information or alter13 native presentation that the Secretary may re14 quire; and 

15 (C) an assessment (as of the end of the 

16 most recent fiscal year of the Administration), 

17 signed by the chief executive officer and chief 

18 accounting or financial officer of the Adminis19 tration, of— 

20 (i) the effectiveness of the internal 

21 control structure and procedures of the 

22 Administration; and 

23 (ii) the compliance of the Administra24 tion with applicable safety and soundness 

25 laws. 


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1 (3) SPECIAL REPORTS.—The Secretary may re2 quire the Administrator to submit other reports on 

3 the condition (including financial condition), man4 agement, activities, or operations of the Administra5 tion, as the Secretary considers appropriate. 

6 (4) ACCURACY.—Each report of financial condi7 tion shall contain a declaration by the Administrator 

8 or any other officer designated by the Board of Di9 rectors of the Administration to make the declara10 tion, that the report is true and correct to the best 

11 of the knowledge and belief of the officer. 

12 (5) AVAILABILITY OF REPORTS.—Reports re13 quired under this section shall be published and 

14 made publicly available as soon as is practicable 

15 after receipt by the Secretary. 

16 (j) SCOPE AND TERMINATION OF AUTHORITY.— 

17 (1) NEW OBLIGATIONS.—The Administrator 

18 shall not initiate any new obligations under this sub19 title on or after January 1, 2029. 

20 (2) REVERSION TO SECRETARY.—The authori21 ties and obligations of the Administration shall re22 vert to the Secretary on January 1, 2029. 


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1 Subtitle B—Improved 

2 Transmission Siting 

3 SEC. 121. SITING OF INTERSTATE ELECTRIC TRANSMISSION 

4 FACILITIES. 

5 Section 216 of the Federal Power Act (16 U.S.C. 

6 824p) is amended to read as follows: 

7 ‘‘SEC. 216. SITING OF INTERSTATE ELECTRIC TRANS8 MISSION FACILITIES. 

9 ‘‘(a) POLICY.—It is the policy of the United States 

10 that the national interstate transmission system should be 

11 guided by the goal of maximizing the net benefits of the 

12 electricity system, taking into consideration— 

13 ‘‘(1) support for the development of new renew14 able energy generation capacity, including renewable 

15 energy generation located distant from load centers 

16 and other location-constrained resources; 

17 ‘‘(2) opportunities for reduced emissions from 

18 regional power production; 

19 ‘‘(3) cost savings resulting from— 

20 ‘‘(A) reduced transmission congestion; 

21 ‘‘(B) enhanced opportunities for 

22 intraregional and interregional electricity 

23 trades; 

24 ‘‘(C) reduced line losses; 

25 ‘‘(D) generation resource-sharing; and 


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1 ‘‘(E) enhanced fuel diversity; 

2 ‘‘(4) reliability benefits, including satisfying re3 liability standards and guidelines for resource ade4 quacy and system security; 

5 ‘‘(5) diversification of risk relating to events af6 fecting fuel supply or generating resources in a par7 ticular region; 

8 ‘‘(6) the enhancement of competition in elec9 tricity markets and mitigation of market power; 

10 ‘‘(7) the ability to collocate facilities on existing 

11 rights-of-way; 

12 ‘‘(8) competing land use priorities, including 

13 land protected under Federal or State law; 

14 ‘‘(9) the requirements of section 217(b)(4); and 

15 ‘‘(10) the contribution of demand side manage16 ment (including energy efficiency and demand re17 sponse), energy storage, distributed generation re18 sources, and smart grid investments. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) HIGH-PRIORITY NATIONAL TRANSMISSION

21 PROJECT.—The term ‘high-priority national trans22 mission project’ means an overhead or underground 

23 transmission facility, consisting of conductors or ca24 bles, towers, manhole duct systems, phase shifting 

25 transformers, reactors, capacitors, and any ancillary 


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1 facilities and equipment necessary for the proper op2 eration of the facility, that— 

3 ‘‘(A)(i) operates at or above a voltage of— 

4 ‘‘(I) 345 kilovolts alternating current; 

5 or 

6 ‘‘(II) 300 kilovolts direct current; 

7 ‘‘(ii) is a very high current conductor or 

8 superconducting cable that operates at or above 

9 a power equivalent to the power of a conven10 tional transmission cable operating at or above 

11 345 kilovolts alternating current or 300 kilo12 volts direct current; or 

13 ‘‘(iii) is a renewable feeder line that trans14 mits electricity directly to a transmission facil15 ity under clause (i) or (ii); and 

16 ‘‘(B) is included in a regional plan pursu17 ant to subsection (c). 

18 ‘‘(2) INDIAN LAND.—The term ‘Indian land’ 

19 means land— 

20 ‘‘(A) the title to which is held by the 

21 United States in trust for an Indian tribe or in22 dividual Indian; or 

23 ‘‘(B) that is held by an Indian tribe or in24 dividual Indian subject to a restriction by the 


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1 United States against alienation or encum2 brance. 

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

4 means any Indian tribe, band, nation, or other orga5 nized group or community, including any Alaska Na6 tive village or regional or village corporation (as de7 fined in or established pursuant to the Alaska Na8 tive Claims Settlement Act (43 U.S.C. 1601 et 

9 seq.)), which is recognized as eligible for the special 

10 programs and services provided by the United States 

11 to Indians because of their status as Indians. 

12 ‘‘(4) LOAD-SERVING ENTITY.—Except as other13 wise provided in this section, the term ‘load-serving 

14 entity’ means any person, Federal, State, or local 

15 agency or instrumentality, or electric cooperative 

16 that delivers electric energy to end-use customers. 

17 ‘‘(5) LOCATION-CONSTRAINED RESOURCE.— 

18 ‘‘(A) IN GENERAL.—The term ‘location19 constrained resource’ means a low-carbon re20 source used to produce electricity that is geo21 graphically constrained such that the resource 

22 cannot be relocated to an existing transmission 

23 line. 

24 ‘‘(B) INCLUSIONS.—The term ‘location25 constrained resource’ includes the following 


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1 types of resources described in subparagraph 

2 (A): 

3 ‘‘(i) Renewable energy, including off4 shore resources. 

5 ‘‘(ii) A fossil fuel electricity plant 

6 equipped with carbon capture technology 

7 that is located at a site that is appropriate 

8 for carbon storage or beneficial reuse. 

9 ‘‘(6) RENEWABLE ENERGY.—The term ‘renew10 able energy’ means electric energy generated from— 

11 ‘‘(A) solar energy; 

12 ‘‘(B) wind energy; 

13 ‘‘(C) marine and hydrokinetic renewable 

14 energy; 

15 ‘‘(D) geothermal energy; 

16 ‘‘(E) hydropower; 

17 ‘‘(F) biomass; or 

18 ‘‘(G) landfill gas. 

19 ‘‘(7) RENEWABLE FEEDER LINE.—The term 

20 ‘renewable feeder line’ means a transmission line 

21 that— 

22 ‘‘(A) operates at a voltage of 100 kilovolts 

23 or greater; and 

24 ‘‘(B) is identified in the applicable Inter25 connection-wide transmission plan or by the 


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1 Commission as a facility that is to be developed 

2 to facilitate collection of electric energy pro3 duced by renewable energy. 

4 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of Energy. 

6 ‘‘(c) PLANS FOR NATIONAL INTERSTATE TRANS7 MISSION SYSTEM.— 

8 ‘‘(1) IN GENERAL.—The Commission shall co9 ordinate regional planning to ensure that regional 

10 plans are integrated into an Interconnection-wide 

11 transmission plan with respect to high-priority na12 tional transmission projects, that achieves the policy 

13 established under subsection (a). 

14 ‘‘(2) PLANNING PRINCIPLES.— 

15 ‘‘(A) IN GENERAL.—Not later than 180 

16 days after the date of enactment of the Amer17 ican Clean Energy Leadership Act of 2009, the 

18 Commission shall issue, by rule, after notice 

19 and opportunity for comment, national elec20 tricity grid planning principles pursuant to the 

21 policy established under subsection (a). 

22 ‘‘(B) CONTENT.—The principles shall— 

23 ‘‘(i) address how the utilities should 

24 fully incorporate consideration of the need 


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1 for high-priority national transmission 

2 projects into planning efforts; 

3 ‘‘(ii) address how the utilities should 

4 coordinate with each other, States, Indian 

5 tribes, and other planning efforts in the 

6 applicable Interconnection to effectively de7 velop an Interconnection-wide analysis to 

8 identify needed additions or modifications 

9 to high-priority national transmission 

10 projects, with particular attention to iden11 tifying needs that can be most efficiently 

12 and effectively addressed with high-priority 

13 national transmission projects that cross 

14 multiple utilities, Regional Transmission 

15 Organizations, or Independent System Op16 erators; 

17 ‘‘(iii)(I) address alternatives to high18 priority national transmission projects, 

19 based on the factors described in subpara20 graph (C)(iii); and 

21 ‘‘(II) determine whether alternative 

22 investments can provide a more expedient 

23 means of improving electricity system ca24 pacity or reliability or reduced costs for 

25 end-users; and 


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1 ‘‘(iv) include mechanisms for soliciting 

2 input from the Secretary, Federal trans3 mitting utilities, the Secretary of the Inte4 rior, States, Indian tribes, electric reli5 ability organizations, regional entities, enti6 ties described in section 201(f), generators, 

7 load-serving entities, other interested par8 ties, and the public. 

9 ‘‘(C) FACTORS.—Plans for the develop10 ment and improvement of high-priority national 

11 transmission projects into a national high-ca12 pacity transmission grid shall take into consid13 eration— 

14 ‘‘(i) the location of load centers; 

15 ‘‘(ii) the location of generation and 

16 potential generation development, including 

17 location-constrained resources; 

18 ‘‘(iii) existing and potential demand 

19 side management (including energy effi20 ciency and demand response), energy stor21 age, distributed generation resources, and 

22 smart grid investments; 

23 ‘‘(iv) the plans of Regional Trans24 mission Organizations, Independent Sys25 tem Operators, State authorities, Indian 


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1 tribes, transmission owners, load-serving 

2 entities, and others in the region; 

3 ‘‘(v) the needs and long-term rights 

4 described in section 217(b); and 

5 ‘‘(vi) costs to consumers of high pri6 ority national transmission projects, in7 cluding considering the cost of reasonable 

8 alternatives. 

9 ‘‘(3) SUBMISSION OF PLANS.— 

10 ‘‘(A) IN GENERAL.— 

11 ‘‘(i) IN GENERAL.—One or more pub12 lic utilities, transmitting utilities, Regional 

13 Transmission Organizations, Independent 

14 System Operators, regional entities (as de15 fined in section 215(a)), or other 

16 multistate organizations or entities (includ17 ing entities described in section 201(f)) 

18 may develop a regional plan relating to 1 

19 or more high-priority national transmission 

20 projects that is consistent with the plan21 ning principles established by the Commis22 sion. 

23 ‘‘(ii) OTHER PLANS.— 

24 ‘‘(I) IN GENERAL.—Any public 

25 utility or transmitting utility that does 


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1 not participate in 1 of the regional 

2 plans developed under clause (i) shall 

3 develop its own plan relating to any 

4 high priority national transmission 

5 project planned for the system of the 

6 utility. 

7 ‘‘(II) PLANNING PRINCIPLES.— 

8 The plan shall be consistent with the 

9 planning principles established by the 

10 Commission. 

11 ‘‘(iii) TIMING.—Any plan developed 

12 under clause (i) or (ii) shall be submitted 

13 to the Commission— 

14 ‘‘(I) as soon as practicable, but 

15 not later than 2 years, after the date 

16 of enactment of the American Clean 

17 Energy Leadership Act of 2009; and 

18 ‘‘(II) periodically thereafter as 

19 prescribed by the Commission. 

20 ‘‘(B) COORDINATION.— 

21 ‘‘(i) JOINT SUBMISSIONS.—The re22 quirements of subparagraph (A) may be 

23 satisfied by a joint submission. 

24 ‘‘(ii) SINGLE INTERCONNECTION-WIDE

25 PLAN.—The Commission shall encourage 


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1 coordination that would permit submission 

2 of a single Interconnection-wide plan for 

3 high priority national transmission 

4 projects. 

5 ‘‘(C) MODIFICATIONS.—The Commission 

6 may require modification of a submitted plan to 

7 the extent that the Commission determines that 

8 the modification is necessary— 

9 ‘‘(i) to reconcile inconsistencies be10 tween plans submitted; or 

11 ‘‘(ii) to achieve the policy goals estab12 lished under subsection (a). 

13 ‘‘(4) APPLICABILITY.—The transmission plan14 ning principles and requirements of this subsection 

15 shall apply to each transmission owner and trans16 mission planning entity in the United States portion 

17 of the Eastern and Western Interconnections, in18 cluding an entity described in section 201(f). 

19 ‘‘(d) SITING.— 

20 ‘‘(1) PURPOSES.—The purpose of this sub21 section is to ensure that high-priority national trans22 mission projects are in the public interest and ad23 vance the policy established under subsection (a). 

24 ‘‘(2) DESIGNATION OF ELIGIBILITY.—The Com25 mission may grant an applicant that submits an apVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 plication for a proposed project a designation of eli2 gibility for consideration under this subsection if the 

3 Commission finds that the proposed project is a 

4 high-priority national transmission project. 

5 ‘‘(3) STATE REVIEW OF PROJECT SITING.— 

6 ‘‘(A) IN GENERAL.—No developer of a 

7 high-priority national transmission project may 

8 seek a certificate for construction under sub9 section (e) unless the developer first seeks au10 thorization to construct the high-priority na11 tional transmission project under applicable 

12 State law concerning authorization and routing 

13 of transmission facilities. 

14 ‘‘(B) FEDERAL AUTHORITY.—The Com15 mission may authorize, in accordance with sub16 section (e), construction of a high-priority na17 tional transmission project that the Commission 

18 finds to be in the public interest and in accord19 ance with this section if a State— 

20 ‘‘(i) fails to approve construction and 

21 authorize routing of a high-priority na22 tional transmission project not later than 1 

23 year after the date the applicant submits a 

24 completed application for authorization to 

25 the State; 


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1 ‘‘(ii) rejects the application for a high2 priority national transmission project; or 

3 ‘‘(iii) authorizes the high-priority na4 tional transmission project subject to con5 ditions that unreasonably interfere with 

6 the development of a high-priority national 

7 transmission project contrary to the pur8 poses of this section. 

9 ‘‘(e) CONSTRUCTION.— 

10 ‘‘(1) APPLICATION FOR CERTIFICATE.— 

11 ‘‘(A) IN GENERAL.—An applicant for a 

12 high-priority national transmission project may 

13 apply to the Commission for a certificate of 

14 public convenience and necessity with respect to 

15 construction of the high-priority national trans16 mission project within a State affected by the 

17 high-priority national transmission project if 

18 the State— 

19 ‘‘(i) fails to authorize construction of 

20 the high-priority national transmission 

21 project under State law not later than 1 

22 year after the date the developer submits a 

23 completed application for authorization to 

24 the State; 


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1 ‘‘(ii) rejects the application for the 

2 high-priority national transmission project; 

3 or 

4 ‘‘(iii) authorizes the high-priority na5 tional transmission project subject to con6 ditions that unreasonably interfere with 

7 the development of a high-priority national 

8 transmission project contrary to the pur9 poses of this section. 

10 ‘‘(B) FORM.—The application for a certifi11 cate shall be made in writing in such form and 

12 containing such information as the Commission 

13 may by regulation require. 

14 ‘‘(C) HEARING.—On receipt of an applica15 tion under this paragraph, the Commission— 

16 ‘‘(i) shall provide notice to interested 

17 persons and opportunity for hearing; and 

18 ‘‘(ii) may approve (with or without 

19 conditions) or disapprove the application, 

20 in accordance with paragraph (2). 

21 ‘‘(2) GRANT OF CERTIFICATE.— 

22 ‘‘(A) IN GENERAL.—A certificate shall be 

23 issued to a qualified applicant for a certificate 

24 authorizing the whole or partial operation, con25 struction, acquisition, or modification covered 


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1 by the application, only if the Commission de2 termines that— 

3 ‘‘(i) the applicant is able and will4 ing— 

5 ‘‘(I) to do the acts and to per6 form the service proposed; and 

7 ‘‘(II) to comply with this Act (in8 cluding regulations); and 

9 ‘‘(ii) the proposed operation, construc10 tion, acquisition, or modification, to the ex11 tent authorized by the certificate, is or will 

12 be required by the present or future public 

13 convenience and necessity. 

14 ‘‘(B) TERMS AND CONDITIONS.—The Com15 mission shall have the power to attach to the 

16 issuance of a certificate under this paragraph 

17 and to the exercise of the rights granted under 

18 the certificate such reasonable terms and condi19 tions as the public convenience and necessity 

20 may require. 

21 ‘‘(C) USE OF STATE WORK.—If 1 or more 

22 States reject or fail to act on a high-priority na23 tional transmission project and the Commission 

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1 tional transmission project under this section, 

2 the Commission shall give due weight to— 

3 ‘‘(i) the environmental record and re4 sults of the siting process of a State that 

5 did complete the siting process of the State 

6 under this section; and 

7 ‘‘(ii) the information that had been 

8 submitted by an applicant to the State 

9 under this section. 

10 ‘‘(D) EVALUATION OF ABILITIES OF APPLI11 CANT.— 

12 ‘‘(i) IN GENERAL.—In evaluating the 

13 ability of an applicant described in sub14 paragraph (A)(i), the Commission shall 

15 consider whether the financial and tech16 nical capabilities of the applicant are ade17 quate to support construction and oper18 ation of the high-priority national trans19 mission project proposed in the application. 

20 ‘‘(ii) JOINT OWNERSHIP PROJECTS.— 

21 In evaluating applications under paragraph 

22 (1), the Commission shall consider benefits 

23 from the greater diversification of financial 

24 risk inherent in the applications involving 


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1 joint ownership projects by multiple load2 serving entities. 

3 ‘‘(E) PUBLIC CONVENIENCE AND NECES4 SITY.—In making a determination with respect 

5 to public convenience and necessity described in 

6 subparagraph (A)(ii), the Commission shall— 

7 ‘‘(i) consider whether the facilities 

8 covered by an application are included in 

9 an Interconnection-wide transmission grid 

10 plan for a high-priority national trans11 mission project developed pursuant to sub12 section (c); and 

13 ‘‘(ii) determine whether the facilities 

14 covered by the application are in the public 

15 interest. 

16 ‘‘(3) RIGHT OF EMINENT DOMAIN.—If any 

17 holder of a certificate issued under paragraph (2) 

18 cannot acquire by contract, or is unable to agree 

19 with the owner of property on the compensation to 

20 be paid for, the necessary right-of-way to construct, 

21 operate, and maintain the high-priority national 

22 transmission project to which the certificate relates, 

23 and the necessary land or other property necessary 

24 to the proper operation of the high-priority national 

25 transmission project, the holder may acquire the 


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1 right-of-way by the exercise of the right of eminent 

2 domain in— 

3 ‘‘(A) the United States district court for 

4 the district in which the property is located; or 

5 ‘‘(B) a State court. 

6 ‘‘(4) STATE AND TRIBAL RECOMMENDA7 TIONS.—In granting a certificate under paragraph 

8 (2), the Commission shall— 

9 ‘‘(A) permit State regulatory agencies and 

10 affected Indian tribes to recommend mitigation 

11 measures, based on habitat protection, environ12 mental considerations, or cultural site protec13 tion; and 

14 ‘‘(B)(i) incorporate those identified mitiga15 tion measures as conditions on the certificate; 

16 or 

17 ‘‘(ii) if the Commission determines that a 

18 recommended mitigation measure is incon19 sistent with the purposes of this section, infea20 sible, or not cost-effective— 

21 ‘‘(I) consult with State regulatory 

22 agencies and affected Indian tribes to seek 

23 to resolve the issue; 

24 ‘‘(II) incorporate as conditions on the 

25 certificate such recommended mitigation 


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1 measures as are determined to be appro2 priate by the Commission, based on con3 sultation by the Commission with State 

4 regulatory agencies and affected Indian 

5 tribes, the purposes of this section, and the 

6 record before the Commission; and 

7 ‘‘(III) if, after consultation, the Com8 mission does not adopt in whole or in part 

9 a recommendation of an agency or affected 

10 Indian tribe, publish a statement of a find11 ing that the adoption of the recommenda12 tion is infeasible, not cost-effective, or in13 consistent with this section or other appli14 cable provisions of law. 

15 ‘‘(5) STATE OR LOCAL AUTHORIZATIONS.—An 

16 applicant receiving a certificate under this sub17 section with respect to construction or modification 

18 of a high-priority national transmission project in a 

19 State shall not require a separate siting authoriza20 tion from the State or any local authority within the 

21 State. 

22 ‘‘(6) RIGHTS-OF-WAY OVER INDIAN LAND.— 

23 Notwithstanding paragraph (3), in the case of siting, 

24 construction, operation, and maintenance of a trans25 mission facility to be located on or over Indian land, 


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1 a certificate holder under this section shall comply 

2 with the requirements of Federal law for obtaining 

3 rights-of-way on or over Indian land. 

4 ‘‘(f) COORDINATION OF FEDERAL AUTHORIZATIONS

5 FOR TRANSMISSION FACILITIES.— 

6 ‘‘(1) DEFINITION OF FEDERAL AUTHORIZA7 TION.—In this subsection, the term ‘Federal author8 ization’ means any authorization required under 

9 Federal law in order to site a transmission facility 

10 on Federal land, including such permits, special use 

11 authorizations, certifications, opinions, or other ap12 provals as may be required under Federal law in 

13 order to site a transmission facility. 

14 ‘‘(2) LEAD AGENCY.—If a Federal authoriza15 tion for a high-priority national transmission project 

16 involves land under the jurisdiction of the Depart17 ment of the Interior and any other Federal agency, 

18 the Secretary of the Interior shall act as the lead 

19 agency for purposes of coordinating all applicable 

20 Federal authorizations and related environmental re21 views. 

22 ‘‘(3) COORDINATION.—To the maximum extent 

23 practicable under applicable Federal law, the Sec24 retary of the Interior shall coordinate the Federal 

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1 section with the Commission, and with any Indian 

2 tribes, multistate entities, and State agencies that 

3 are responsible for conducting any separate permit4 ting and environmental reviews of the facility, to en5 sure timely and efficient review and permit deci6 sions. 

7 ‘‘(4) MILESTONES AND DEADLINES.— 

8 ‘‘(A) IN GENERAL.—As the lead agency, 

9 the Secretary of the Interior, in consultation 

10 with the Commission and any other agency re11 sponsible for Federal authorizations and, as ap12 propriate, with Indian tribes, multistate enti13 ties, and State agencies that are willing to co14 ordinate their own separate permitting and en15 vironmental reviews with the Federal authoriza16 tion and environmental reviews, shall establish 

17 prompt and binding intermediate milestones 

18 and ultimate deadlines for the review of, and 

19 Federal authorization decisions relating to, the 

20 proposed high-priority national transmission 

21 project. 

22 ‘‘(B) DEADLINE.—The Secretary of the 

23 Interior shall ensure that, once an application 

24 has been submitted with such data as the Com25 mission and the Secretaries with jurisdiction 


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1 over the affected land consider necessary, all 

2 permit decisions and related environmental re3 views under all applicable Federal laws shall be 

4 completed not later than 1 year after the date 

5 of submission. 

6 ‘‘(C) PREAPPLICATION INFORMATION.— 

7 The Secretary of the Interior, in consultation 

8 with the Commission, shall provide an expedi9 tious preapplication mechanism for prospective 

10 applicants to confer with the agencies involved 

11 to have each such agency determine and com12 municate to the prospective applicant not later 

13 than 60 days after the prospective applicant 

14 submits a request for such information con15 cerning— 

16 ‘‘(i) the likelihood of approval for a 

17 potential facility; and 

18 ‘‘(ii) key issues of concern to the 

19 agencies and public. 

20 ‘‘(5) ENVIRONMENTAL REVIEW DOCUMENT.— 

21 ‘‘(A) IN GENERAL.—As lead agency, the 

22 Secretary of the Interior, in consultation with 

23 the Commission and any affected agency, shall 

24 prepare a single environmental review docu25 ment, which shall be used as the basis for all 


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1 decisions on the proposed high-priority national 

2 transmission project under Federal law. 

3 ‘‘(B) STREAMLINING.—The Secretary of 

4 the Interior and the Secretary of Agriculture, in 

5 consultation with the Commission, shall stream6 line the review and permitting of transmission 

7 within corridors designated under section 503 

8 of the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1763) or section 368 

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

11 15926) by fully taking into account prior anal12 yses and decisions relating to the corridors. 

13 ‘‘(C) COMMENTS.—If the high-priority na14 tional transmission project includes Federal 

15 land that is not under the jurisdiction of the 

16 Department of the Interior, the document shall 

17 include comments made by the Secretary with 

18 jurisdiction over the affected land on matters 

19 necessary for the protection of the land or re20 quired under applicable law. 

21 ‘‘(6) ISSUANCE OR DENIAL OF AUTHORIZATION

22 BY PRESIDENT.— 

23 ‘‘(A) IN GENERAL.—Subject to paragraph 

24 (7), if any agency has denied a Federal author25 ization required for a transmission facility withVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 in an energy right-of-way corridor on Federal 

2 land designated pursuant to section 368 of the 

3 Energy Policy Act of 2005 (42 U.S.C. 15926), 

4 or has failed to act by the deadline established 

5 by the Secretary of the Interior pursuant to 

6 this section for deciding whether to issue the 

7 authorization, the applicant or any State in 

8 which the facility would be located may file an 

9 appeal with the President, who shall, in con10 sultation with the affected agency, review the 

11 denial or failure to take action on the pending 

12 application. 

13 ‘‘(B) OPTIONS.—Based on the overall 

14 record and in consultation with the affected 

15 agency, the President may— 

16 ‘‘(i) issue the necessary authorization 

17 with any appropriate conditions; or 

18 ‘‘(ii) deny the application. 

19 ‘‘(C) DEADLINE.—The President shall 

20 issue a decision not later than 90 days after the 

21 date of the filing of the appeal. 

22 ‘‘(D) FEDERAL REQUIREMENTS.—In mak23 ing a decision under this paragraph, the Presi24 dent shall comply with applicable requirements 

25 of Federal law, including any requirements of— 


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1 ‘‘(i) the National Forest Management 

2 Act of 1976 (16 U.S.C. 1600 et seq.); 

3 ‘‘(ii) the Endangered Species Act of 

4 1973 (16 U.S.C. 1531 et seq.); 

5 ‘‘(iii) the Federal Water Pollution 

6 Control Act (33 U.S.C. 1251 et seq.); 

7 ‘‘(iv) the National Environmental Pol8 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

9 and 

10 ‘‘(v) the Federal Land Policy and 

11 Management Act of 1976 (43 U.S.C. 1701 

12 et seq.). 

13 ‘‘(7) ISSUANCE OR DENIAL OF AUTHORIZATION

14 BY PRESIDENT.—Paragraph (6) shall not apply to— 

15 ‘‘(A) a unit of the National Park System; 

16 ‘‘(B) a unit of the National Wildlife Ref17 uge System; 

18 ‘‘(C) a component of the National Wild 

19 and Scenic Rivers System; 

20 ‘‘(D) a component of the National Trails 

21 System; 

22 ‘‘(E) a component of the National Wilder23 ness Preservation System; 

24 ‘‘(F) a National Monument; 


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1 ‘‘(G) any part of the National Landscape 

2 Conservation System; 

3 ‘‘(H) a National Preserve; 

4 ‘‘(I) a National Scenic Area; or 

5 ‘‘(J) a National Recreation Area. 

6 ‘‘(8) ENERGY RIGHT-OF-WAY CORRIDORS ON

7 FEDERAL LAND.— 

8 ‘‘(A) IN GENERAL.—In carrying out this 

9 subsection, the Secretary with jurisdiction over 

10 the land shall, to the maximum extent prac11 ticable, use the energy right-of-way corridors 

12 designated in accordance with section 368 of 

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

14 15926). 

15 ‘‘(B) ADDITIONAL CORRIDORS.—If the 

16 Secretary is unable to use an energy right-of17 way corridor described in subparagraph (A), the 

18 Secretary shall establish an additional corridor 

19 in accordance with section 368(c) of the Energy 

20 Policy Act of 2005 (42 U.S.C. 15926(c)). 

21 ‘‘(9) DURATION.— 

22 ‘‘(A) IN GENERAL.—Each Federal land 

23 use authorization for an electricity transmission 

24 facility shall be issued— 


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1 ‘‘(i) for a duration, as determined by 

2 the Secretary with jurisdiction over the 

3 land, commensurate with the anticipated 

4 use of the facility; 

5 ‘‘(ii) with appropriate authority to 

6 manage the right-of-way for reliability and 

7 environmental protection; and 

8 ‘‘(iii) consistent with the Federal 

9 Land Policy and Management Act of 1976 

10 (43 U.S.C. 1701 et seq.) and other appli11 cable law. 

12 ‘‘(B) RENEWAL.—On the expiration of the 

13 authorization (including an authorization issued 

14 before the date of enactment of the American 

15 Clean Energy Leadership Act of 2009), the au16 thorization shall be reviewed for renewal— 

17 ‘‘(i) taking fully into account reliance 

18 on the electricity infrastructure; and 

19 ‘‘(ii) recognizing the importance of the 

20 authorization for public health, safety, and 

21 economic welfare and as a legitimate use of 

22 Federal land. 

23 ‘‘(10) CONSULTATION.—In exercising the re24 sponsibilities under this section, the Secretary of the 


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1 Interior and the Commission shall consult regularly 

2 with— 

3 ‘‘(A) electric reliability organizations (in4 cluding related regional entities) approved by 

5 the Commission; 

6 ‘‘(B) Transmission Organizations approved 

7 by the Commission; and 

8 ‘‘(C) transmission owners and users and 

9 other interested parties. 

10 ‘‘(11) IMPLEMENTATION.— 

11 ‘‘(A) REGULATIONS.—Not later than 18 

12 months after the date of enactment of the 

13 American Clean Energy Leadership Act of 

14 2009, the Secretary of the Interior and the 

15 Commission shall issue any regulations nec16 essary to carry out this subsection. 

17 ‘‘(B) FEDERAL STAFF AND RESOURCES.— 

18 The head of each Federal agency with authority 

19 to issue a Federal authorization shall designate 

20 a senior official responsible for, and dedicate 

21 sufficient other staff and resources to ensure, 

22 full implementation of the regulations and 

23 memorandum required under this paragraph. 

24 ‘‘(g) EVALUATION AND RECOMMENDATIONS.—The 

25 Commission shall— 


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1 ‘‘(1) periodically evaluate whether high-priority 

2 national transmission projects are being constructed 

3 in accordance with the Interconnection-wide trans4 mission grid plan for high-priority national trans5 mission projects for both the Western and Eastern 

6 Interconnection areas; 

7 ‘‘(2) take any necessary actions, pursuant to 

8 applicable law, to address any identified obstacles to 

9 investment, siting, and construction of high-priority 

10 national transmission projects identified as needed 

11 under an Interconnection-wide plan; and 

12 ‘‘(3) not later than 2 years after the date of en13 actment of the American Clean Energy Leadership 

14 Act of 2009, submit to Congress recommendations 

15 for any further actions or authority needed to ensure 

16 the effective and timely development of— 

17 ‘‘(A) high-priority national transmission 

18 projects; and 

19 ‘‘(B) transmission projects to access re20 gional and offshore renewable energy genera21 tion. 

22 ‘‘(h) REPORT OF SECRETARY.—Not later than 2 

23 years after the date of enactment of the American Clean 

24 Energy Leadership Act of 2009, the Secretary shall sub25 mit to Congress recommendations for any further actions 


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1 or authority needed to ensure the effective and timely de2 velopment of— 

3 ‘‘(1) demand response; 

4 ‘‘(2) energy storage; 

5 ‘‘(3) distributed generation; 

6 ‘‘(4) energy efficiency; and 

7 ‘‘(5) other areas necessary to carry out the pol8 icy established under subsection (a). 

9 ‘‘(i) COST ALLOCATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 270 days 

11 after the date of enactment of the American Clean 

12 Energy Leadership Act of 2009, the Commission— 

13 ‘‘(A) shall establish by rule an appropriate 

14 methodology for allocation of the costs of high15 priority national transmission projects, subject 

16 to the requirement that any cost allocation 

17 methodology, and any rates affected by the cost 

18 allocation methodology, shall be just, reason19 able, and not unduly discriminatory or pref20 erential; 

21 ‘‘(B) may permit allocation of costs for 

22 high-priority national transmission projects to 

23 load-serving entities within all or a part of a re24 gion, except that costs shall not be allocated to 

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1 sonably proportionate to measurable economic 

2 and reliability benefits; 

3 ‘‘(C) may permit allocation of costs to gen4 erators of electricity connected by a high-pri5 ority national transmission project; and 

6 ‘‘(D) shall provide for due deference to 

7 cost allocation proposals supported by broad 

8 agreement among affected States. 

9 ‘‘(2) MECHANISM FOR COLLECTION OF

10 COSTS.—The Commission shall adopt such rules and 

11 require inclusion of such provisions in transmission 

12 tariffs as are required to provide for— 

13 ‘‘(A) the efficient collection of allocated 

14 costs for development and operation of high-pri15 ority national transmission projects; and 

16 ‘‘(B) the distribution of those revenues to 

17 owners of the high-priority national trans18 mission projects. 

19 ‘‘(j) RELATIONSHIP TO OTHER LAWS.— 

20 ‘‘(1) IN GENERAL.—Except as specifically pro21 vided in this section, nothing in this section affects 

22 any requirement of an environmental or historic 

23 preservation law of the United States, including— 

24 ‘‘(A) the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4321 et seq.); 


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1 ‘‘(B) the Wilderness Act (16 U.S.C. 1131 

2 et seq.); or 

3 ‘‘(C) the National Historic Preservation 

4 Act (16 U.S.C. 470 et seq.). 

5 ‘‘(2) STATE LAW.—Nothing in this section pre6 cludes any person from constructing or modifying 

7 any transmission facility in accordance with State 

8 law. 

9 ‘‘(k) TRANSMISSION RIGHTS TO SUPPORT NEW GEN10 ERATION DEVELOPMENT.—Subject to section 217(b)(4), 

11 it is the policy of the United States that long-term trans12 mission rights of firmness and duration sufficient to sup13 port generation investment (or equivalent tradable or fi14 nancial long-term transmission rights), shall be available 

15 under appropriate terms and conditions to load-serving en16 tities (as defined in section 217(a)(2)) for long-term power 

17 supply arrangements for new generation facilities using 

18 renewable energy. 

19 ‘‘(l) RESOURCE ASSESSMENTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall con21 duct nationwide assessments to identify areas with a 

22 significant potential for the development of location23 constrained resources. 

24 ‘‘(2) FORMATS.—The resource assessments 

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1 mats, including in a Geographical Information Sys2 tem compatible format. 

3 ‘‘(3) TIMING.—The Secretary shall— 

4 ‘‘(A) make the initial resource assessment 

5 required under this subsection not later than 

6 180 days after the date of enactment of the 

7 American Clean Energy Leadership Act of 

8 2009; and 

9 ‘‘(B) refine the resource assessment on a 

10 regular basis that is consistent with regional 

11 planning cycles. 

12 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

13 shall provide technical assistance to regional plan14 ning authorities, on request, to assist the authorities 

15 in carrying out this subsection. 

16 ‘‘(m) CONGESTION STUDIES.—Not later than 1 year 

17 after the date of enactment of the American Clean Energy 

18 Leadership Act of 2009 and every 3 years thereafter, the 

19 Secretary, in consultation with affected States and Indian 

20 tribes, shall— 

21 ‘‘(1) conduct a study of electric transmission 

22 congestion; and 

23 ‘‘(2) submit to the appropriate committees of 

24 Congress a report that describes the results of the 

25 study. 


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1 ‘‘(n) APPLICABILITY.— 

2 ‘‘(1) IN GENERAL.—Except as otherwise pro3 vided in this subsection, the authority of the Com4 mission under this section to approve transmission 

5 plans and to allocate costs incurred pursuant to the 

6 plans applies to all transmission providers, genera7 tors, and users, owners, and operators of the power 

8 system within the Eastern and Western Interconnec9 tions of the United States, including entities de10 scribed in section 201(f). 

11 ‘‘(2) REGIONAL PLANNING ENTITIES.—The 

12 Commission shall have authority over regional plan13 ning entities to the extent necessary to carry out 

14 this section. 

15 ‘‘(3) PROJECT DEVELOPERS.—Nothing in this 

16 section precludes the development, subject to appli17 cable regulatory requirements, of transmission 

18 projects that are not included in plans developed 

19 under this section. 

20 ‘‘(4) COMMISSION-APPROVED PLANNING PROC21 ESSES.—Nothing in this section affects the approval, 

22 siting, or cost allocation for a project that is author23 ized pursuant to planning processes that have been 

24 approved by the Commission. 


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1 ‘‘(5) EXCLUSIONS.—This section does not apply 

2 in the State of Alaska or Hawaii or to the Electric 

3 Reliability Council of Texas, unless the State or the 

4 Council voluntarily elects to participate in a cost al5 location plan under this section.’’. 

6 Subtitle C—Federal Renewable 

7 Electricity Standard 

8 SEC. 131. SENSE OF CONGRESS ON RENEWABLE ENERGY 

9 AND ENERGY EFFICIENCY. 

10 It is the sense of Congress that the Federal Govern11 ment should continue to support the use and expansion 

12 of renewable energy and energy efficiency in— 

13 (1) the production and use of energy; 

14 (2) the reduction of greenhouse gas emissions; 

15 and 

16 (3) the reduction of dependence on foreign oil. 

17 SEC. 132. FEDERAL RENEWABLE ELECTRICITY STANDARD. 

18 (a) IN GENERAL.—Title VI of the Public Utility Reg19 ulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD. 

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

23 ‘‘(1) AFFILIATE.—The term ‘affiliate’ when 

24 used with respect to a person, means another person 

25 that directly or indirectly owns or controls, is owned 


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1 or controlled by, or is under common ownership or 

2 control with, such person, as determined under regu3 lations issued by the Secretary. 

4 ‘‘(2) BASE QUANTITY OF ELECTRICITY.— 

5 ‘‘(A) IN GENERAL.—The term ‘base quan6 tity of electricity’ means the total quantity of 

7 electricity sold by an electric utility to electric 

8 consumers in a calendar year. 

9 ‘‘(B) EXCLUSIONS.—The term ‘base quan10 tity of electricity’ does not include— 

11 ‘‘(i) electricity generated by a hydro12 electric facility (including a pumped stor13 age facility but excluding qualified hydro14 power) owned by an electric utility or sold 

15 under contract or rate order to an electric 

16 utility to meet the needs of the retail cus17 tomers of the utility; 

18 ‘‘(ii) electricity generated through the 

19 incineration of municipal solid waste owned 

20 by an electric utility or sold under contract 

21 or rate order to an electric utility to meet 

22 the needs of the retail customers of the 

23 utility; 

24 ‘‘(iii) the quantity of electricity gen25 erated by a fossil-fuel facility that is equal 


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1 to the proportion of greenhouse gases pro2 duced by such a unit that are captured 

3 and geologically sequestered; or 

4 ‘‘(iv)(I) electricity generated by a nu5 clear generating unit placed in service after 

6 the date of enactment of this section; or 

7 ‘‘(II) additional energy generated by 

8 an existing nuclear facility as a result of 

9 efficiency improvements or capacity addi10 tions made on or after the date of enact11 ment of this section. 

12 ‘‘(3) BIOMASS.—The term ‘biomass’ has the 

13 meaning given the term in section 203(b) of the En14 ergy Policy Act of 2005 (42 U.S.C. 15852(b)). 

15 ‘‘(4) DISTRIBUTED GENERATION FACILITY.— 

16 The term ‘distributed generation facility’ means a 

17 facility at or near a customer site that provides elec18 tric energy to 1 or more customers for purposes 

19 other than resale other than to a utility through a 

20 net metering arrangement. 

21 ‘‘(5) GEOTHERMAL ENERGY.—The term ‘geo22 thermal energy’ means energy derived from a geo23 thermal deposit (within the meaning of section 

24 613(e)(2) of the Internal Revenue Code of 1986). 

25 ‘‘(6) INCREMENTAL COST OF COMPLIANCE.— 


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1 ‘‘(A) IN GENERAL .—The term ‘incre2 mental cost of compliance’ means— 

3 ‘‘(i) the costs attributable to all retail 

4 sales of electricity incurred in a year by an 

5 electric utility to— 

6 ‘‘(I) generate renewable energy 

7 eligible for Federal renewable energy 

8 credits; 

9 ‘‘(II) acquire Federal renewable 

10 energy credits; or 

11 ‘‘(III) make alternative compli12 ance payments in order to comply 

13 with the requirements of subsection 

14 (b); less 

15 ‘‘(ii)(I) the costs the electric utility 

16 would have incurred to serve all of the re17 tail customers of that electric utility in 

18 that year to generate or acquire additional 

19 electricity not eligible for renewable energy 

20 credits if the requirements of subsection 

21 (b) did not apply to the electric utility; and 

22 ‘‘(II) the costs of compliance with any 

23 comparable State renewable requirement. 

24 ‘‘(B) COST OF ELECTRICITY.—In calcu25 lating the incremental cost of compliance of an 


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1 electric utility under this section, the Secretary 

2 shall take into account the reduction, if any, on 

3 the cost of electricity generated with fossil fuels 

4 associated with increased reliance on renewable 

5 electric energy generation. 

6 ‘‘(7) INCREMENTAL GEOTHERMAL PRODUC7 TION.— 

8 ‘‘(A) IN GENERAL.—The term ‘incremental 

9 geothermal production’ means, for any year, the 

10 excess of— 

11 ‘‘(i) the total kilowatt hours of elec12 tricity produced from a facility (including a 

13 distributed generation facility) using geo14 thermal energy; over 

15 ‘‘(ii) the average number of kilowatt 

16 hours produced annually at the facility for 

17 5 of the previous 7 calendar years before 

18 the date of enactment of this section after 

19 eliminating the highest and the lowest kilo20 watt hour production years in that 7-year 

21 period. 

22 ‘‘(B) SPECIAL RULE.—A facility described 

23 in subparagraph (A) that was placed in service 

24 at least 7 years before the date of enactment of 

25 this section shall, commencing with the year in 


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1 which that date of enactment occurs, reduce the 

2 amount calculated under subparagraph (A)(ii) 

3 each year, on a cumulative basis, by the average 

4 percentage decrease in the annual kilowatt hour 

5 production for the 7-year period described in 

6 subparagraph (A)(ii) with such cumulative sum, 

7 but not to exceed 30 percent. 

8 ‘‘(8) INCREMENTAL HYDROPOWER.— 

9 ‘‘(A) IN GENERAL.—The term ‘incremental 

10 hydropower’ means additional energy generated 

11 as a result of efficiency improvements or capac12 ity additions made on or after January 1, 1992. 

13 ‘‘(B) EXCLUSION.—The term ‘incremental 

14 hydropower’ does not include additional energy 

15 generated as a result of operational changes not 

16 directly associated with efficiency improvements 

17 or capacity additions. 

18 ‘‘(C) MEASUREMENT AND CERTIFI19 CATION.—Efficiency improvements and capacity 

20 additions referred to in subparagraph (A) shall 

21 be— 

22 ‘‘(i) measured on the basis of the 

23 same water flow information used to deter24 mine a historic average annual generation 

25 baseline for the hydroelectric facility; and 


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1 ‘‘(ii) certified by the Secretary or the 

2 Federal Energy Regulatory Commission. 

3 ‘‘(9) INDIAN LAND.—The term ‘Indian land’ 

4 has the meaning given the term in section 2601 of 

5 the Energy Policy Act of 1992 (25 U.S.C. 3501). 

6 ‘‘(10) QUALIFIED HYDROPOWER.— 

7 ‘‘(A) IN GENERAL.—The term ‘qualified 

8 hydropower’ means— 

9 ‘‘(i) incremental hydropower; 

10 ‘‘(ii) additions of capacity made on or 

11 after January 1, 2001, or the effective 

12 commencement date of an existing applica13 ble State renewable electricity standard 

14 program at an existing nonhydroelectric 

15 dam, if— 

16 ‘‘(I) the hydroelectric project in17 stalled on the nonhydroelectric dam— 

18 ‘‘(aa) is licensed by the Fed19 eral Energy Regulatory Commis20 sion, or is exempt from licensing, 

21 and is in compliance with the 

22 terms and conditions of the li23 cense or exemption; and 

24 ‘‘(bb) meets all other appli25 cable environmental, licensing, 


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1 and regulatory requirements, in2 cluding applicable fish passage 

3 requirements; 

4 ‘‘(II) the nonhydroelectric dam— 

5 ‘‘(aa) was placed in service 

6 before the date of enactment of 

7 this section; 

8 ‘‘(bb) was operated for flood 

9 control, navigation, or water sup10 ply purposes; and 

11 ‘‘(cc) did not produce hydro12 electric power as of the date of 

13 enactment of this section; and 

14 ‘‘(III) the hydroelectric project is 

15 operated so that the water surface ele16 vation at any given location and time 

17 that would have occurred in the ab18 sence of the hydroelectric project is 

19 maintained, subject to any license re20 quirements imposed under applicable 

21 law that change the water surface ele22 vation for the purpose of improving 

23 the environmental quality of the af24 fected waterway, as certified by the 


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1 Federal Energy Regulatory Commis2 sion; and 

3 ‘‘(iii) in the case of the State of Alas4 ka— 

5 ‘‘(I) energy generated by a small 

6 hydroelectric facility that produces 

7 less than 50 megawatts; 

8 ‘‘(II) energy from pumped stor9 age; and 

10 ‘‘(III) energy from a lake tap. 

11 ‘‘(B) STANDARDS.—Nothing in this para12 graph or the application of this paragraph shall 

13 affect the standards under which the Federal 

14 Energy Regulatory Commission issues licenses 

15 for and regulates hydropower projects under 

16 part I of the Federal Power Act (16 U.S.C. 

17 791a et seq.). 

18 ‘‘(11) QUALIFIED WASTE-TO-ENERGY.—The 

19 term ‘qualified waste-to-energy’ means energy from 

20 the combustion of post-recycled municipal solid 

21 waste, or from the gasification or pyrolization of 

22 such waste and the combustion of the resulting gas 

23 at the same facility, if the owner or operator of the 

24 facility generating electricity from the energy pro25 vides to the Commission, on an annual basis— 


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1 ‘‘(A) a certification that the facility is in 

2 compliance with all applicable Federal and 

3 State environmental permits; 

4 ‘‘(B) in the case of a facility that com5 mences operation before the date of enactment 

6 of this section, a certification that the facility 

7 meets emissions standards promulgated under 

8 section 112 or 129 of the Clean Air Act (42 

9 U.S.C. 7412, 7429) that apply as of the date 

10 of enactment of this section to new facilities 

11 within the relevant source category; and 

12 ‘‘(C) in the case of the combustion, 

13 pyrolization, or gasification of municipal solid 

14 waste, a certification that each local govern15 ment unit from which such waste originates op16 erates, participates in the operation of, con17 tracts for, or otherwise provides for, recycling 

18 services for residents of the local government 

19 unit. 

20 ‘‘(12) RENEWABLE ENERGY.—The term ‘renew21 able energy’ means electric energy generated at a fa22 cility (including a distributed generation facility) 

23 from— 

24 ‘‘(A) solar, wind, or geothermal energy or 

25 ocean energy; 


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1 ‘‘(B) biomass; 

2 ‘‘(C) landfill gas; 

3 ‘‘(D) qualified hydropower; 

4 ‘‘(E) marine and hydrokinetic renewable 

5 energy (as defined in section 632 of the Energy 

6 Independence and Security Act of 2007 (42 

7 U.S.C. 17211)); 

8 ‘‘(F) incremental geothermal production; 

9 ‘‘(G) coal-mined methane; 

10 ‘‘(H) qualified waste-to-energy; or 

11 ‘‘(I) another renewable energy source 

12 based on innovative technology, as determined 

13 by the Secretary through rulemaking. 

14 ‘‘(b) RENEWABLE ENERGY AND ENERGY EFFI15 CIENCY REQUIREMENT.— 

16 ‘‘(1) REQUIREMENT.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), each electric utility that sells elec19 tricity to electric consumers for a purpose other 

20 than resale shall obtain a percentage of the 

21 base quantity of electricity the electric utility 

22 sells to electric consumers in any calendar year 

23 from renewable energy or energy efficiency. 

24 ‘‘(B) PERCENTAGE.—Except as provided 

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1 endar year under subparagraph (A) shall not be 

2 less than the amount specified in the following 

3 table: 

‘‘Calendar year: ....................................................... Minimum annual 

percentage: 

2011 through 2013 ................................................ 3.0 

2014 through 2016 ................................................ 6.0 

2017 through 2018 ................................................ 9.0 

2019 through 2020 ................................................ 12.0 

2021 through 2039 ................................................ 15.0 

4 ‘‘(2) MEANS OF COMPLIANCE.—An electric util5 ity shall meet the requirements of paragraph (1) 

6 by— 

7 ‘‘(A) submitting to the Secretary renewable 

8 energy credits issued under subsection (c); 

9 ‘‘(B) submitting Federal energy efficiency 

10 credits issued under subsection (i), except that 

11 those credits may not be used to meet more 

12 than 26.67 percent of the requirements under 

13 paragraph (1) in any calendar year; 

14 ‘‘(C) making alternative compliance pay15 ments to the Secretary at the rate of 2.1 cents 

16 per kilowatt hour (as adjusted for inflation 

17 under subsection (g)) if the electric utility does 

18 not elect to petition the Secretary to waive the 

19 requirements under subsection (d)(3)(C); or 

20 ‘‘(D) a combination of activities described 

21 in subparagraphs (A), (B), and (C). 


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1 ‘‘(3) PHASE-IN.—The Secretary shall prescribe, 

2 by regulation, a reasonable phase-in of the require3 ments of paragraph (1) as the requirements apply to 

4 an electric utility that becomes subject to this sec5 tion on or after January 1, 2013. 

6 ‘‘(c) FEDERAL RENEWABLE ENERGY AND ENERGY

7 EFFICIENCY CREDIT TRADING PROGRAMS.— 

8 ‘‘(1) IN GENERAL.—Not later than January 1, 

9 2011, the Secretary shall establish a Federal renew10 able energy credit trading program, and a Federal 

11 energy efficiency credit trading program, under 

12 which electric utilities shall submit to the Secretary 

13 Federal renewable energy credits and Federal energy 

14 efficiency credits to certify the compliance of the 

15 electric utilities with subsection (b)(1). 

16 ‘‘(2) ADMINISTRATION.—As part of the pro17 gram, the Secretary shall— 

18 ‘‘(A) issue renewable energy credits to gen19 erators of electric energy from renewable en20 ergy, regardless of whether the energy is trans21 mitted over the national interstate transmission 

22 system; 

23 ‘‘(B) to the extent that renewable sources 

24 of electricity are used in combination with other 

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1 tent that the electricity generated is from re2 newable resources; 

3 ‘‘(C) issue renewable energy credits to elec4 tric utilities associated with State renewable 

5 electricity standard compliance mechanisms 

6 pursuant to subsection (h); 

7 ‘‘(D) issue energy efficiency credits pursu8 ant to subsection (i); 

9 ‘‘(E) subject to subparagraph (F), ensure 

10 that a kilowatt hour, including the associated 

11 renewable energy credit or energy efficiency 

12 credit, shall be used only once for purposes of 

13 compliance with this Act; 

14 ‘‘(F) allow double credits for generation 

15 from facilities on Indian land, and triple credits 

16 for generation from small renewable distributed 

17 generators (meaning those no larger than 1 

18 megawatt), except that no distributed renewable 

19 generation facilities on Indian land shall receive 

20 a greater number of credits than triple credits; 

21 ‘‘(G) allow triple credits for generation of 

22 energy from algae; 

23 ‘‘(H) ensure that, with respect to a pur24 chaser that, as of the date of enactment of this 

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1 newable energy facility placed in service before 

2 that date, the credit associated with the genera3 tion of renewable energy under the contract is 

4 issued to the purchaser of the electric energy to 

5 the extent that the contract does not already 

6 provide for the allocation of the Federal credit; 

7 and 

8 ‘‘(I) issue tradeable renewable energy cred9 its for the useful electric and thermal output 

10 from a facility that produces the output from 

11 biomass, using a system under which— 

12 ‘‘(i) in the case of efficiency that is 

13 less than 50 percent, 1 renewable energy 

14 credit is awarded; 

15 ‘‘(ii) in the case of efficiency that is 

16 50 percent or more but less than 70 per17 cent, 1.1 renewable energy credits are 

18 awarded for the same unit output; 

19 ‘‘(iii) in the case of efficiency that is 

20 70 percent or more but less than 90 per21 cent, 1.25 renewable energy credits are 

22 awarded for the same unit output; and 

23 ‘‘(iv) in the case of efficiency that is 

24 90 percent or more, 1.5 renewable energy 


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1 credits are awarded for the same unit out2 put. 

3 ‘‘(3) DURATION.—A credit described in sub4 paragraph (A), (B), (C), or (D) of paragraph (2) 

5 may only be used for compliance with this section 

6 during the 3-year period beginning on the date of 

7 issuance of the credit. 

8 ‘‘(4) TRANSFERS.—An electric utility that holds 

9 credits in excess of the quantity of credits needed to 

10 comply with subsection (b) may transfer the credits 

11 to another electric utility in the same utility holding 

12 company system. 

13 ‘‘(5) DELEGATION OF MARKET FUNCTION.— 

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

15 delegate to— 

16 ‘‘(i) an appropriate market-making 

17 entity the administration of a national re18 newable energy credit market and a na19 tional energy efficiency credit market for 

20 purposes of creating a transparent national 

21 market for the sale or trade of renewable 

22 energy credits and energy efficiency cred23 its; and 

24 ‘‘(ii) regional entities the tracking of 

25 dispatch of renewable generation. 


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1 ‘‘(B) ADMINISTRATION.—Any delegation 

2 under subparagraph (A) shall ensure that the 

3 tracking and reporting of information con4 cerning the dispatch of renewable generation is 

5 transparent, verifiable, and independent of any 

6 generation or load interests with obligations 

7 under this section. . 

8 ‘‘(d) ENFORCEMENT.— 

9 ‘‘(1) CIVIL PENALTIES.—Any electric utility 

10 that fails to meet the requirements of subsection (b) 

11 shall be subject to a civil penalty. 

12 ‘‘(2) AMOUNT OF PENALTY.—The amount of 

13 the civil penalty shall be equal to the product ob14 tained by multiplying— 

15 ‘‘(A) the number of kilowatt-hours of elec16 tric energy sold to electric consumers in viola17 tion of subsection (b); by 

18 ‘‘(B) 200 percent of the value of the alter19 native compliance payment, as adjusted for in20 flation under subsection (g). 

21 ‘‘(3) MITIGATION OR WAIVER.— 

22 ‘‘(A) PENALTY.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 may mitigate or waive a civil penalty under 

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1 able to comply with subsection (b) due to 

2 a reason outside of the reasonable control 

3 of the electric utility. 

4 ‘‘(ii) AMOUNT.—The Secretary shall 

5 reduce the amount of any penalty deter6 mined under paragraph (2) by the amount 

7 paid by the electric utility to a State for 

8 failure to comply with the requirement of 

9 a State renewable energy program if the 

10 State requirement is greater than the ap11 plicable requirement of subsection (b). 

12 ‘‘(B) REQUIREMENT.—The Secretary may 

13 waive the requirements of subsection (b) for a 

14 period of up to 5 years with respect to an elec15 tric utility if the Secretary determines that the 

16 electric utility cannot meet the requirements 

17 due to a hurricane, tornado, fire, flood, earth18 quake, ice storm, or other natural disaster or 

19 act of God beyond the reasonable control of the 

20 utility. 

21 ‘‘(C) RATEPAYER PROTECTION.—Effective 

22 beginning June 1, 2010, and not later than 

23 June 1 of each year thereafter, an electric util24 ity may petition the Secretary to waive, for the 

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1 quirements of subsection (b) in order to limit 

2 the rate impact of the incremental cost of com3 pliance of the electric utility to not more than 

4 4 percent per retail customer in any year. 

5 ‘‘(D) VARIANCE.—A State public utility 

6 commission or electric utility may submit an 

7 application to the Secretary that requests a 

8 variance from the requirements of subsection 

9 (b) for 1 or more calendar years (including sus10 pension or reduction of the requirements) on 

11 the basis of transmission constraints preventing 

12 delivery of service. 

13 ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— 

14 The Secretary shall assess a civil penalty under this 

15 subsection in accordance with the procedures pre16 scribed by section 333(d) of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6303(d)). 

18 ‘‘(e) ALTERNATIVE COMPLIANCE PAYMENTS.— 

19 ‘‘(1) IN GENERAL.—An electric utility may sat20 isfy the requirements of subsection (b), in whole or 

21 in part, by submitting in accordance with this sub22 section, in lieu of each Federal renewable electricity 

23 credit or megawatt hour of demonstrated total an24 nual electricity savings that would otherwise be due, 

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1 section (b) in accordance with such regulations as 

2 the Secretary may promulgate. 

3 ‘‘(2) PAYMENT TO STATE FUNDS.—Payments 

4 made under this subsection shall be made directly to 

5 the State in which the electric utility is located, if 

6 the payments are deposited directly into a fund with7 in the treasury of the State for use in accordance 

8 with paragraph (3). 

9 ‘‘(3) USE OF GRANTS.—The Governor of any 

10 State may expend amounts in a State renewable en11 ergy escrow account solely for purposes of— 

12 ‘‘(A) increasing the quantity of electric en13 ergy produced from a renewable energy source 

14 in the State, including nuclear and advanced 

15 coal technologies for carbon capture and seques16 tration; 

17 ‘‘(B) promoting the deployment and use of 

18 electric drive vehicles in the State, including the 

19 development of electric drive vehicles and bat20 teries; and 

21 ‘‘(C) offsetting the costs of carrying out 

22 this section paid by electric consumers in the 

23 State through— 

24 ‘‘(i) direct grants to electric con25 sumers; or 


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1 ‘‘(ii) energy efficiency investments. 

2 ‘‘(4) INFORMATION AND REPORTS.—As a condi3 tion of providing payments to a State under this 

4 subsection, the Secretary may require the Governor 

5 to keep such accounts or records, and furnish such 

6 information and reports, as the Secretary determines 

7 are necessary and appropriate for determining com8 pliance with this subsection. 

9 ‘‘(f) EXEMPTIONS.—During any calendar year, this 

10 section shall not apply to an electric utility— 

11 ‘‘(1) that sold less than 4,000,000 megawatt12 hours of electric energy to electric consumers during 

13 the preceding calendar year, except that sales to an 

14 affiliate, lessee, or tenant of the electric utility shall 

15 not be treated as sales to electric consumers under 

16 this paragraph; or 

17 ‘‘(2) in Hawaii. 

18 ‘‘(g) INFLATION ADJUSTMENT.—Not later than De19 cember 31 of each year beginning in 2008, the Secretary 

20 shall adjust for inflation the rate of the alternative compli21 ance payment under subsection (b)(2)(C). 

22 ‘‘(h) STATE PROGRAMS.— 

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

24 nothing in this section diminishes any authority of 

25 a State or political subdivision of a State to adopt 


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1 or enforce any law or regulation respecting renew2 able energy or energy efficiency, or the regulation of 

3 electric utilities,. 

4 ‘‘(2) COMPLIANCE.—Except as provided in sub5 section (d)(3), no such law or regulation shall relieve 

6 any person of any requirement otherwise applicable 

7 under this section. 

8 ‘‘(3) COORDINATION.—The Secretary, in con9 sultation with States having such renewable energy 

10 and energy efficiency programs, shall, to the max11 imum extent practicable, facilitate coordination be12 tween the Federal program and State programs. 

13 ‘‘(4) REGULATIONS.— 

14 ‘‘(A) IN GENERAL.—The Secretary, in con15 sultation with States, shall promulgate regula16 tions to ensure that an electric utility that is 

17 subject to the requirements of this section and 

18 is subject to a State renewable energy standard 

19 receives renewable energy credits if— 

20 ‘‘(i) the electric utility complies with 

21 the State standard by generating or pur22 chasing renewable electric energy or renew23 able energy certificates or credits rep24 resenting renewable electric energy; or 


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1 ‘‘(ii) the State imposes or allows other 

2 mechanisms for achieving the State stand3 ard, including the payment of taxes, fees, 

4 surcharges, or other financial obligations. 

5 ‘‘(B) AMOUNT OF CREDITS.—The amount 

6 of credits received by an electric utility under 

7 this subsection shall equal— 

8 ‘‘(i) in the case of subparagraph 

9 (A)(i), the quantity of renewable energy re10 sulting from the generation or purchase by 

11 the electric utility of renewable energy; and 

12 ‘‘(ii) in the case of subparagraph 

13 (A)(ii), the pro rata share of the electric 

14 utility, based on the contributions to the 

15 mechanism made by the electric utility or 

16 customers of the electric utility, in the 

17 State, of the quantity of renewable energy 

18 resulting from those mechanisms. 

19 ‘‘(C) PROHIBITION ON DOUBLE COUNT20 ING.—The regulations promulgated under this 

21 paragraph shall ensure that a kilowatt-hour as22 sociated with a renewable energy credit issued 

23 pursuant to this subsection shall not be used 

24 for compliance with this section more than 

25 once. 


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1 ‘‘(i) ENERGY EFFICIENCY CREDITS.— 

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

3 ‘‘(A) CUSTOMER FACILITY SAVINGS.—The 

4 term ‘customer facility savings’ means a reduc5 tion in the consumption of end-use electricity at 

6 a facility of an end-use consumer of electricity 

7 served by an electric utility, as compared to— 

8 ‘‘(i) consumption at the facility during 

9 a base year, taking into account reductions 

10 attributable to causes other than energy ef11 ficiency investments (such as economic 

12 downturns, reductions in customer base, 

13 favorable weather conditions, or other such 

14 causes); or 

15 ‘‘(ii) in the case of new equipment (re16 gardless of whether the new equipment re17 places existing equipment at the end of the 

18 useful life of the existing equipment), con19 sumption by similar equipment of average 

20 efficiency available for purchase at the 

21 time that new equipment is acquired. 

22 ‘‘(B) ELECTRICITY SAVINGS.—The term 

23 ‘electricity savings’ means— 

24 ‘‘(i) customer facility savings of elec25 tricity consumption adjusted to reflect any 


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1 associated increase in fuel consumption at 

2 the facility; 

3 ‘‘(ii) reductions in distribution system 

4 losses of electricity achieved by a retail 

5 electricity distributor, as compared to 

6 losses attributable to new or replacement 

7 distribution system equipment of average 

8 efficiency (as defined by the Secretary by 

9 regulation); and 

10 ‘‘(iii) the output of new combined heat 

11 and power systems, to the extent provided 

12 under paragraph (5). 

13 ‘‘(C) QUALIFIED ELECTRICITY SAVINGS.— 

14 The term ‘qualified electricity savings’ means 

15 electricity saving that meet the measurement 

16 and verification requirements of paragraph (4). 

17 ‘‘(2) PETITION.—On petition by the Governor 

18 of a State or, in the case of the power service area 

19 of the Tennessee Valley Authority, the Board of Di20 rectors of the Tennessee Valley Authority, the Sec21 retary shall allow up to 26.67 percent of the require22 ments of an electric utility under subsection (b)(1) 

23 associated with the sales of electricity of the utility 

24 in the State to be met by submitting Federal energy 

25 efficiency credits issued pursuant to this subsection. 


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1 ‘‘(3) ISSUANCE OF ENERGY EFFICIENCY CRED2 ITS.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 issue energy efficiency credits for qualified elec5 tricity savings achieved in States described in 

6 paragraph (2) in accordance with this sub7 section. 

8 ‘‘(B) QUALIFIED ELECTRICITY SAVINGS.— 

9 Subject to subparagraph (C), in accordance 

10 with regulations promulgated by the Secretary, 

11 the Secretary shall issue credits for— 

12 ‘‘(i) qualified electricity savings 

13 achieved by an electric utility on or after 

14 the date of enactment of this section; and 

15 ‘‘(ii) qualified electricity savings 

16 achieved by other entities (including State 

17 agencies) on or after the date of enactment 

18 of this section if— 

19 ‘‘(I) the measures used to achieve 

20 the qualified electricity savings were 

21 installed or placed in operation by the 

22 entity seeking the credit; and 

23 ‘‘(II) an electric utility eligible to 

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1 ing the qualified electricity savings 

2 (unless the utility has waived any en3 titlement to the credit). 

4 ‘‘(C) STANDARDS.—No credits shall be 

5 issued for electricity savings achieved as a re6 sult of compliance with a national, State, or 

7 local building, equipment, or appliance effi8 ciency standard. 

9 ‘‘(4) MEASUREMENT AND VERIFICATION OF

10 ELECTRICITY SAVINGS.—Not later than January 

11 2010, the Secretary shall promulgate regulations re12 garding the measurement and verification of elec13 tricity savings under this subsection, including regu14 lations covering— 

15 ‘‘(A) procedures and standards for defining 

16 and measuring electricity savings that will be 

17 eligible to receive credits under paragraph (3), 

18 which shall— 

19 ‘‘(i) specify the types of energy effi20 ciency and energy conservation that will be 

21 eligible for the credits; 

22 ‘‘(ii) require that energy consumption 

23 for customer facilities or portions of facili24 ties in the applicable base and current 

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1 count for changes in weather, level of pro2 duction, and building area; 

3 ‘‘(iii) account for the useful life of 

4 electricity savings measures; 

5 ‘‘(iv) include specified electricity sav6 ings values for specific, commonly-used ef7 ficiency measures; and 

8 ‘‘(v) exclude electricity savings that— 

9 ‘‘(I) are not properly attributable 

10 to measures carried out by the entity 

11 seeking the credit; 

12 ‘‘(II) have already been credited 

13 under this section to another entity; 

14 or 

15 ‘‘(III) do not result from actions 

16 not intended to achieve electricity sav17 ings; 

18 ‘‘(B) procedures and standards for third19 party verification of reported electricity savings; 

20 and 

21 ‘‘(C) such requirements for information, 

22 reports, and access to facilities as may be nec23 essary to carry out this subsection. 

24 ‘‘(5) COMBINED HEAT AND POWER.—Under 

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1 ment of electricity output of a new combined heat 

2 and power system that is attributable to the higher 

3 efficiency of the combined system (as compared to 

4 the efficiency of separate production of the electric 

5 and thermal outputs), shall be considered electricity 

6 savings under this subsection. 

7 ‘‘(j) BIOMASS HARVESTING AND SUSTAINABILITY.— 

8 The provisions of this section relating to biomass shall be 

9 administered in accordance with section 203(e) of the En10 ergy Policy Act of 2005 (42 U.S.C. 15852(e)). 

11 ‘‘(k) LOANS FOR PROJECTS TO COMPLY WITH FED12 ERAL RENEWABLE ELECTRICITY STANDARD.— 

13 ‘‘(1) PURPOSES.—The purposes of this sub14 section are— 

15 ‘‘(A) to reduce the cost incurred by electric 

16 utilities in complying with the requirements of 

17 this section; and 

18 ‘‘(B) to minimize the impact of the re19 quirements on electricity rates for consumers. 

20 ‘‘(2) LOANS.—The Secretary shall make loans 

21 available to electric utilities to carry out qualified 

22 projects approved by the Secretary to comply with 

23 the requirements of this section. 

24 ‘‘(3) QUALIFIED PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—A loan may be made 

2 under this subsection for a project— 

3 ‘‘(i) to construct a renewable energy 

4 generation facility; 

5 ‘‘(ii) to install an energy efficiency or 

6 electricity demand reduction technology; or 

7 ‘‘(iii) to carry out any other project 

8 approved by the Secretary that the Sec9 retary determines is consistent with the 

10 purposes of this subsection. 

11 ‘‘(B) DISAPPROVAL.—The Secretary may 

12 disapprove an application for a loan for a 

13 project under this subsection if the Secretary 

14 determines that— 

15 ‘‘(i) the revenues generated under the 

16 project are unlikely to be sufficient to 

17 cover the repayment obligations of the pro18 posed loan; or 

19 ‘‘(ii) the project is not otherwise con20 sistent with the purposes of this sub21 section. 

22 ‘‘(4) TERMS.—A loan made by the Secretary to 

23 an electric utility under this subsection shall— 

24 ‘‘(A) be for a term of not to exceed 30 

25 years; and 


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1 ‘‘(B) bear an annual interest rate that is 

2 50 basis points more than the Federal funds 

3 rate established by the Board of Governors of 

4 the Federal Reserve System. 

5 ‘‘(5) PRIORITY.—Notwithstanding any other 

6 provision of law, the debt to the Federal Government 

7 under a loan made to an electric utility under this 

8 subsection shall have priority in any case in which 

9 the electric utility files for bankruptcy protection 

10 under title 11, United States Code. 

11 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subsection. 

14 ‘‘(l) RECONSIDERATION.— 

15 ‘‘(1) REVIEW.— 

16 ‘‘(A) IN GENERAL.—Not later than Janu17 ary 15, 2017, and every 5 years thereafter, the 

18 Secretary shall review and make recommenda19 tions to Congress on the program established 

20 under this section. 

21 ‘‘(B) ANALYSIS.—The review shall analyze 

22 whether— 

23 ‘‘(i) the program established under 

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1 cally harmful increase in electricity rates in 

2 regions of the United States; 

3 ‘‘(ii) the program has resulted in net 

4 economic benefits for the United States; 

5 and 

6 ‘‘(iii) new technologies and clean, re7 newable energy sources will advance the 

8 purposes of this section. 

9 ‘‘(2) RECOMMENDATIONS.—The Secretary shall 

10 submit to Congress recommendations on whether— 

11 ‘‘(A) the percentage of energy efficiency 

12 credits eligible to be submitted under subsection 

13 (b)(1) should be increased or decreased; 

14 ‘‘(B) the percentage of renewable elec15 tricity required under subsection (b)(1) should 

16 be increased or decreased; and 

17 ‘‘(C) the definition of ‘renewable energy’ 

18 should be expanded to reflect advances in tech19 nology or previously unavailable sources of 

20 clean or renewable energy. 

21 ‘‘(3) REPORT.—Not later than January 15, 

22 2017, the Secretary shall submit to Congress a re23 port that describes any recommendations of the Sec24 retary on changes to the program established under 

25 this section. 


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1 ‘‘(m) REGULATIONS.—Not later than 1 year after the 

2 date of enactment of this section, the Secretary shall pro3 mulgate regulations implementing this section. 

4 ‘‘(n) TERMINATION OF AUTHORITY.—This section 

5 and the authority provided by this section terminate on 

6 December 31, 2039.’’. 

7 (b) TABLE OF CONTENTS AMENDMENT.—The table 

8 of contents of the Public Utility Regulatory Policies Act 

9 of 1978 (16 U.S.C. prec. 2601) is amended by adding at 

10 the end of the items relating to title VI the following: 

‘‘Sec. 610. Federal renewable electricity standard.’’. 

11 SEC. 133. FEDERAL PURCHASE REQUIREMENT AMEND12 MENTS. 

13 Section 203 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15852) is amended— 

15 (1) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) DEFINITIONS.—In this section: 

18 ‘‘(1) BIOMASS.—The term ‘biomass’ means the 

19 following types of nonhazardous organic materials: 

20 ‘‘(A) Residues and byproducts from milled 

21 logs. 

22 ‘‘(B) Wood, paper products that are not 

23 commonly recyclable, and vegetation (including 

24 trees and trimmings, yard waste, pallets, rail25 road ties, crates, and solid-wood manufacturing 


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1 and construction debris), if diverted from or 

2 separated from other waste out of a municipal 

3 waste stream. 

4 ‘‘(C) Hazard trees, trimmings, and brush 

5 that are necessary to remove in order to main6 tain a utility right-of-way or a public road (not 

7 including any unpaved road within Federal 

8 land). 

9 ‘‘(D) Trees, trimmings, and brush har10 vested from the immediate vicinity of any build11 ing, campground, or other structure in wildfire12 prone areas to reduce the risk to the structure 

13 or campground or to human life from wildfires. 

14 ‘‘(E) Invasive species (as defined in Execu15 tive Order 13112 (42 U.S.C. 4321 note; relat16 ing to invasive species)) removed to control or 

17 eradicate the invasive species. 

18 ‘‘(F) Animal waste and animal byproducts 

19 (including biogas and any solid produced by 

20 micro-organisms). 

21 ‘‘(G) Food waste. 

22 ‘‘(H) Algae. 

23 ‘‘(I) Slash, brush, trees, and other vegeta24 tion that is harvested from non-Federal land or 

25 Indian land— 


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1 ‘‘(i) that is, at the time of harvest— 

2 ‘‘(I) naturally regenerated forest 

3 land; 

4 ‘‘(II) forest land that was planted 

5 for the purpose of restoring land to a 

6 naturally regenerated forest; or 

7 ‘‘(III) if harvested in quantities 

8 and through practices that maintain 

9 or contribute toward the restoration 

10 of the species, ecological systems, and 

11 ecological communities for which the 

12 conservation forest land was identi13 fied, conservation forest land; or 

14 ‘‘(ii) that is— 

15 ‘‘(I) at the time of harvest, plant16 ed forest land; and 

17 ‘‘(II) on the date of enactment of 

18 this section, cropland (including fallow 

19 land), pastureland, or planted forest 

20 land. 

21 ‘‘(J) Crops, crop byproducts, and crop resi22 dues from non-Federal land or Indian land that 

23 is— 

24 ‘‘(i) at the time of harvest, not forest 

25 land; and 


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1 ‘‘(ii) on the date of enactment of this 

2 section— 

3 ‘‘(I) cropland (including fallow 

4 land and not including planted forest 

5 land); or 

6 ‘‘(II) pastureland. 

7 ‘‘(K) If harvested from Federal land in ac8 cordance with applicable law and land manage9 ment plans and in quantities and through prac10 tices that maintain or contribute toward the 

11 restoration of ecological sustainability— 

12 ‘‘(i) slash; and 

13 ‘‘(ii) brush and trees that are byprod14 ucts of ecological restoration, disease or in15 sect infestation control, or hazardous fuels 

16 reduction treatments and— 

17 ‘‘(I) are from stands that— 

18 ‘‘(aa) were killed by an in19 sect or disease epidemic or a nat20 ural disaster; and 

21 ‘‘(bb) do not meet the utili22 zation standards for sawtimber; 

23 or 

24 ‘‘(II) do not exceed the minimum 

25 size standards for sawtimber. 


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1 ‘‘(2) CONSERVATION FOREST LAND.— 

2 ‘‘(A) IN GENERAL.—The term ‘conserva3 tion forest land’ means forest land that con4 tains a species, or includes all or part of an eco5 logical system or community, that is at risk of 

6 extinction or elimination within a State or glob7 ally. 

8 ‘‘(B) IDENTIFICATION.—Conservation for9 est land shall be identified based on the best 

10 available science and data by any of— 

11 ‘‘(i) the State in which the land is lo12 cated, unless the land is under the jurisdic13 tion of an Indian tribe; 

14 ‘‘(ii) an Indian tribe with jurisdiction 

15 over the land; or 

16 ‘‘(iii) in consultation with the State in 

17 which the land is located or the Indian 

18 tribe with jurisdiction over the land— 

19 ‘‘(I) the Secretary of Agriculture; 

20 or 

21 ‘‘(II) the Secretary of the Inte22 rior. 

23 ‘‘(C) EXCEPTIONS.—A tract of conserva24 tion forest land may not be removed from con25 servation forest land status under this section 


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1 as a result of land management practices on the 

2 tract that— 

3 ‘‘(i) occurred on or after the date of 

4 enactment of this subparagraph; and 

5 ‘‘(ii) contributed toward the elimi6 nation of the species, or all or part of an 

7 ecological system or ecological community, 

8 for which the land was identified as con9 servation forest land. 

10 ‘‘(3) FEDERAL LAND.— 

11 ‘‘(A) IN GENERAL.—The term ‘Federal 

12 land’ means— 

13 ‘‘(i) National Forest System land; and 

14 ‘‘(ii) public lands (as defined in sec15 tion 103 of the Federal Land Policy and 

16 Management Act of 1976 (43 U.S.C. 

17 1702)). 

18 ‘‘(B) EXCLUSIONS.— 

19 ‘‘(i) IN GENERAL.—The term ‘Federal 

20 land’ does not include— 

21 ‘‘(I) any area designated by Con22 gress to be administered for conserva23 tion purposes; or 

24 ‘‘(II) a National Monument pro25 claimed by the President. 


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1 ‘‘(ii) OLD GROWTH OR LATE SUCCES2 SIONAL FOREST STANDS.—The term ‘Fed3 eral land’ does not include an old growth 

4 or late successional forest stand unless bio5 mass from the stand does not exceed the 

6 minimum size standards for sawtimber and 

7 is a byproduct of an ecological restoration 

8 treatment that fully maintains, or contrib9 utes toward the restoration of, the struc10 ture and composition of an old growth for11 est stand in accordance with the old 

12 growth conditions characteristic of the for13 est type and retains the large trees con14 tributing to old growth structure. 

15 ‘‘(4) INDIAN LAND.—The term ‘Indian land’ 

16 has the meaning given the term ‘Indian country’ in 

17 section 1151 of title 18, United States Code. 

18 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

19 has the meaning given the term in section 4 of the 

20 Indian Self-Determination and Education Assistance 

21 Act (25 U.S.C. 450b). 

22 ‘‘(6) NON-FEDERAL LAND.—The term ‘non23 Federal land’ means land that is not owned by the 

24 Federal Government. 


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1 ‘‘(7) RENEWABLE ENERGY.—The term ‘renew2 able energy’ means energy generated from solar, 

3 wind, biomass, landfill gas, ocean (including tidal, 

4 wave, current, and thermal), geothermal, municipal 

5 solid waste, or new hydroelectric generation capacity 

6 achieved from increased efficiency or additions of 

7 new capacity at an existing hydroelectric project. 

8 ‘‘(8) SECRETARY CONCERNED.—The term ‘Sec9 retary concerned’ means— 

10 ‘‘(A) the Secretary of Agriculture, with re11 gard to— 

12 ‘‘(i) National Forest System land; and 

13 ‘‘(ii) except as provided by subpara14 graph (B), non-Federal land; and 

15 ‘‘(B) the Secretary of the Interior, with re16 gard to— 

17 ‘‘(i) public lands (as defined in section 

18 103 of the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1702)); 

20 and 

21 ‘‘(ii) Indian land.’’; and 

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

23 ‘‘(e) BIOMASS HARVESTING AND SUSTAINABILITY.— 

24 ‘‘(1) IN GENERAL.—The Secretaries concerned 

25 shall administer the provisions covered by subsection 


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1 (b)(1) relating to the harvesting of biomass from 

2 Federal land and forest land. 

3 ‘‘(2) INTER-AGENCY BIOMASS SUSTAINABILITY

4 STUDY.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in con6 sultation with the Secretary of Agriculture, the 

7 Secretary of the Interior, and the Administrator 

8 of the Environmental Protection Agency, shall 

9 conduct a study that assesses the impacts of 

10 biomass harvesting for energy production on— 

11 ‘‘(i) landscape-level water quality, soil 

12 productivity, wildlife habitat, and biodiver13 sity; and 

14 ‘‘(ii) conservation forest land. 

15 ‘‘(B) TIMING.—The Secretary shall— 

16 ‘‘(i) complete the study required 

17 under this paragraph not later than 5 

18 years after the date of enactment of this 

19 subsection; and 

20 ‘‘(ii) update the study not later than 

21 every 5 years thereafter. 

22 ‘‘(C) BASIS.—The Secretary shall base the 

23 study on the best available data and science. 

24 ‘‘(D) RECOMMENDATIONS.—The Secretary 

25 shall include in the study such recommendaVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 tions as are appropriate to reduce the impacts 

2 described in subparagraph (A). 

3 ‘‘(E) PUBLIC PARTICIPATION AND AVAIL4 ABILITY.—In carrying out this paragraph, the 

5 Secretary shall— 

6 ‘‘(i) consult with States, Indian tribes, 

7 and other interested stakeholders; 

8 ‘‘(ii) make available, and seek public 

9 comment on, a draft version of the study 

10 results; and 

11 ‘‘(iii) make the final study results 

12 available to the public.’’. 

13 Subtitle D—Energy and Water 

14 Integration 

15 SEC. 141. ENERGY WATER NEXUS STUDY. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary, in consulta18 tion with the Secretary of the Interior and the Adminis19 trator of the Environmental Protection Agency, shall enter 

20 into an arrangement with the National Academy of 

21 Sciences under which the Academy shall conduct an in22 depth analysis of the impact of energy development and 

23 production on the water resources of the United States. 

24 (b) SCOPE OF STUDY.— 


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1 (1) IN GENERAL.—The study described in sub2 section (a) shall be comprised of each assessment de3 scribed in paragraphs (2) through (4). 

4 (2) TRANSPORTATION SECTOR ASSESSMENT.— 

5 (A) IN GENERAL.—The study shall include 

6 a lifecycle assessment of the quantity of water 

7 withdrawn and consumed in the production of 

8 transportation fuels, or electricity used as a fuel 

9 source, to evaluate the ratio that— 

10 (i) the quantity of water withdrawn 

11 and consumed in the production of trans12 portation fuels (measured in gallons), or 

13 electricity (measured in kilowatt-hours); 

14 bears to 

15 (ii) the total distance (measured in 

16 miles) that may be traveled as a result of 

17 the consumption of transportation fuels, or 

18 electricity. 

19 (B) SCOPE OF ASSESSMENT.— 

20 (i) IN GENERAL.—The assessment 

21 shall include, as applicable— 

22 (I) the exploration for, and ex23 traction or growing of, energy feed24 stock; 


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1 (II) the processing of energy 

2 feedstock into transportation fuel; 

3 (III) the generation, transpor4 tation, and storage of electricity for 

5 transportation; and 

6 (IV) the conduct of an analysis of 

7 the efficiency with which the transpor8 tation fuel is consumed. 

9 (ii) FUELS.—The assessment shall 

10 contain an analysis of transportation fuel 

11 sources, including— 

12 (I) domestically produced crude 

13 oil (including products derived from 

14 domestically produced crude oil); 

15 (II) imported crude oil (including 

16 products derived from imported crude 

17 oil); 

18 (III) domestically produced nat19 ural gas (including liquid fuels derived 

20 from natural gas); 

21 (IV) imported natural gas (in22 cluding liquid fuels derived from nat23 ural gas); 

24 (V) oil shale; 

25 (VI) tar sands; 


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1 (VII) domestically produced corn2 based ethanol; 

3 (VIII) imported corn-based eth4 anol; 

5 (IX) advanced biofuels (including 

6 cellulosic- and algae-based biofuels); 

7 (X) coal to liquids (including 

8 aviation fuel, diesel, and gasoline 

9 products); 

10 (XI) electricity consumed in— 

11 (aa) fully electric drive vehi12 cles; and 

13 (bb) plug-in hybrid vehicles; 

14 (XII) hydrogen; and 

15 (XIII) any reasonably foreseeable 

16 combination of any transportation fuel 

17 source described in subclauses (I) 

18 through (XII). 

19 (3) ELECTRICITY SECTOR ASSESSMENT.— 

20 (A) IN GENERAL.—The study shall include 

21 a lifecycle assessment of the quantity of water 

22 withdrawn and consumed in the production of 

23 electricity to evaluate the ratio that— 


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1 (i) the quantity of water used and 

2 consumed in the production of electricity 

3 (measured in gallons); bears to 

4 (ii) the quantity of electricity that is 

5 produced (measured in kilowatt-hours). 

6 (B) SCOPE OF ASSESSMENT.—The assess7 ment shall include, as applicable— 

8 (i) the exploration for, or extraction 

9 or growing of, energy feedstock; 

10 (ii) the processing of energy feedstock 

11 for electricity production; and 

12 (iii) the production of electricity. 

13 (C) GENERATION TYPES.—The assessment 

14 shall contain an evaluation and analysis of elec15 tricity generation facilities that are constructed 

16 in accordance with different plant designs (in17 cluding different cooling technologies such as 

18 water, air, and hybrid systems, and technologies 

19 designed to minimize carbon dioxide releases) 

20 based on the fuel used by the facility, includ21 ing— 

22 (i) coal; 

23 (ii) natural gas; 

24 (iii) oil; 

25 (iv) nuclear energy; 


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1 (v) solar energy; 

2 (vi) wind energy; 

3 (vii) geothermal energy; 

4 (viii) biomass; 

5 (ix) the beneficial use of waste heat; 

6 and 

7 (x) any reasonably foreseeable com8 bination of any fuel described in clauses (i) 

9 through (ix). 

10 (4) ASSESSMENT OF ADDITIONAL IMPACTS.—In 

11 addition to the impacts associated with the direct 

12 use and consumption of water resources in the 

13 transportation and electricity sectors described in 

14 paragraphs (2) and (3), the study shall contain an 

15 identification and analysis of any unique water im16 pact associated with a specific fuel source, including 

17 an impact resulting from— 

18 (A) any extraction or mining practice; 

19 (B) the transportation of feedstocks from 

20 the point of extraction to the point of proc21 essing; 

22 (C) the transportation of fuel and power 

23 from the point of processing to the point of con24 sumption; and 


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1 (D) the location of a specific fuel source 

2 that is limited to 1 or more specific geo3 graphical regions. 

4 (c) REPORT TO SECRETARY.—Not later than 18 

5 months after the date of enactment of this Act, the Na6 tional Academy of Sciences shall submit to the Secretary 

7 a report that contains a summary of the results of the 

8 study conducted under this section. 

9 (d) AVAILABILITY OF RESULTS OF STUDY.—On the 

10 date on which the National Academy of Sciences completes 

11 the study under this section, the National Academy of 

12 Sciences shall make available to the public the results of 

13 the study. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary such 

16 sums as are necessary to carry out this section. 

17 SEC. 142. POWER PLANT WATER AND ENERGY EFFICIENCY. 

18 (a) IN GENERAL.—To protect water supplies and 

19 promote the efficient use of water in the electricity produc20 tion sector, the Secretary, in consultation with the Sec21 retary of the Interior and the Administrator of the Envi22 ronmental Protection Agency, shall conduct a study to 

23 identify alternative technologies and related strategies to 

24 optimize water and energy efficiency in the production of 

25 electricity by each type of generation. 


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1 (b) GENERATION TYPES.—The study shall include an 

2 evaluation of different types of generation facilities, in3 cluding— 

4 (1) coal facilities, under which the evaluation 

5 shall account for— 

6 (A) different types of coal and associated 

7 generating technologies; and 

8 (B) the use of technologies designed to 

9 minimize and sequester carbon dioxide releases; 

10 (2) oil and natural gas facilities, under which 

11 the evaluation shall account for the use of tech12 nologies designed to minimize and sequester carbon 

13 dioxide releases; 

14 (3) hydropower, including turbine upgrades, in15 cremental hydropower, in-stream hydropower, and 

16 pump-storage projects; 

17 (4) thermal solar facilities; and 

18 (5) nuclear facilities. 

19 (c) REPORT TO CONGRESS.—Not later than 18 

20 months after the date of enactment of this Act, the Sec21 retary shall submit to the appropriate committees of Con22 gress a report that contains a description of the results 

23 of the study conducted under this section (including an 

24 assessment of any region-specific factor, such as water 


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1 availability and energy reliability, that should be consid2 ered in evaluating the results). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as are necessary to carry out this section, to remain 

6 available until expended. 

7 SEC. 143. RECLAMATION WATER CONSERVATION AND EN8 ERGY SAVINGS STUDY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) MAJOR RECLAMATION PROJECT.—The term 

11 ‘‘major Reclamation project’’ means a multipurpose 

12 project authorized by the Federal Government and 

13 carried out by the Bureau of Reclamation. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior, acting through the 

16 Commissioner of Reclamation. 

17 (b) STUDY.— 

18 (1) IN GENERAL.—In accordance with para19 graph (2), to promote the efficient use of energy in 

20 water distribution systems, the Secretary shall con21 duct a study to evaluate the quantities of energy 

22 used in water storage and delivery operations in 

23 major Reclamation projects. 

24 (2) ELEMENTS.—In conducting the study, the 

25 Secretary shall— 


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1 (A) with respect to each major Reclama2 tion project— 

3 (i) assess and estimate the annual en4 ergy consumption associated with the 

5 major Reclamation project; and 

6 (ii) identify— 

7 (I) each major Reclamation 

8 project that consumes the greatest 

9 quantity of energy; and 

10 (II) the aspect of the operation of 

11 each major Reclamation project de12 scribed in subclause (I) that is the 

13 most energy intensive (including water 

14 storage and releases, water delivery, 

15 and administrative operations); and 

16 (B) identify opportunities to significantly 

17 reduce current energy consumption and costs 

18 with respect to each major Reclamation project 

19 described in subparagraph (A), including, as 

20 applicable, through— 

21 (i) reduced groundwater pumping; 

22 (ii) improved reservoir operations; 

23 (iii) infrastructure rehabilitation; 

24 (iv) water reuse; and 


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1 (v) the integration of renewable en2 ergy generation with project operations. 

3 (c) REPORT TO CONGRESS.—Not later than 18 

4 months after the date of enactment of this Act, the Sec5 retary shall submit to the appropriate committees of Con6 gress a report that contains a description of the results 

7 of the study conducted under this section. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary such 

10 sums as are necessary to carry out this section, to remain 

11 available until expended. 

12 SEC. 144. BRACKISH GROUNDWATER NATIONAL DESALINA13 TION RESEARCH FACILITY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) FACILITY.—The term ‘‘facility’’ means the 

16 Brackish Groundwater National Desalination Re17 search Facility, located in Otero County, New Mex18 ico. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (b) DUTY OF SECRETARY.—The Secretary shall oper22 ate, manage, and maintain the facility to carry out re23 search, development, and demonstration activities to de24 velop technologies and methods that promote brackish 


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1 groundwater desalination as a viable method to increase 

2 water supply in a cost-effective manner. 

3 (c) OBJECTIVES; ACTIVITIES.— 

4 (1) OBJECTIVES.—The Secretary shall operate 

5 and manage the facility as a state-of-the-art desali6 nation research center— 

7 (A) to develop new water and energy tech8 nologies with widespread applicability; and 

9 (B) to create new supplies of usable water 

10 for municipal, agricultural, industrial, or envi11 ronmental purposes. 

12 (2) ACTIVITIES.—In operating, managing, and 

13 maintaining the facility under subsection (b), the 

14 Secretary shall carry out— 

15 (A) as a priority, the development of re16 newable energy technologies for integration with 

17 desalination technologies— 

18 (i) to reduce the capital and oper19 ational costs of desalination; 

20 (ii) to minimize the environmental im21 pacts of desalination; and 

22 (iii) to increase public acceptance of 

23 desalination as a viable water supply proc24 ess; 


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1 (B) research regarding various desalination 

2 processes, including improvements in reverse 

3 and forward osmosis technologies; 

4 (C) the development of innovative methods 

5 and technologies to reduce the volume and cost 

6 of desalination concentrated wastes (including 

7 the disposal of desalination concentrated 

8 wastes) in an environmentally sound manner; 

9 (D) an outreach program to create part10 nerships with States, academic institutions, pri11 vate entities, and other appropriate organiza12 tions to conduct research, development, and 

13 demonstration activities, including the establish14 ment of rental and other charges to provide rev15 enue to help offset the costs of operating and 

16 maintaining the facility; and 

17 (E) an outreach program to educate the 

18 public on— 

19 (i) desalination and renewable energy 

20 technologies; and 

21 (ii) the benefits of using water in an 

22 efficient manner. 

23 (d) AUTHORITY OF SECRETARY.—The Secretary may 

24 enter into contracts or other agreements with, or make 

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1 erwise carry out this section, including an agreement with 

2 a local or regional academic institution or a consortium 

3 of institutions to manage research activities at the facility. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section, to remain available until 

7 expended. 

8 SEC. 145. ENHANCED INFORMATION ON WATER-RELATED 

9 ENERGY CONSUMPTION. 

10 Section 205 of the Department of Energy Organiza11 tion Act (42 U.S.C. 7135) is amended by adding at the 

12 end the following: 

13 ‘‘(n) WATER-RELATED ENERGY CONSUMPTION.— 

14 ‘‘(1) IN GENERAL.—Not less than once during 

15 each 3-year period, to aid in the understanding and 

16 reduction of the quantity of energy used in associa17 tion with the use of water, the Administrator shall 

18 conduct an assessment under which the Adminis19 trator shall collect information on energy use in var20 ious sectors of the economy that are associated with 

21 the procurement, treatment, or delivery of water. 

22 ‘‘(2) REQUIRED SECTORS.—An assessment de23 scribed in paragraph (1) shall contain an analysis of 

24 water-related energy use for all relevant sectors of 

25 the economy, including water used for— 


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1 ‘‘(A) agricultural purposes; 

2 ‘‘(B) municipal purposes; 

3 ‘‘(C) industrial purposes; and 

4 ‘‘(D) domestic purposes. 

5 ‘‘(3) EFFECT.—Nothing in this subsection af6 fects the authority of the Administrator to collect 

7 data under section 52 of the Federal Energy Admin8 istration Act of 1974 (15 U.S.C. 790a).’’. 

9 SEC. 146. ENERGY-WATER RESEARCH AND DEVELOPMENT 

10 ROADMAP. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of enactment of this Act, the Secretary shall develop 

13 a document to be known as the ‘‘Energy-Water Research 

14 and Development Roadmap’’ to define the future research, 

15 development, demonstration, and commercialization ef16 forts that are required to address emerging water-related 

17 challenges to future, cost-effective, reliable, and sustain18 able energy generation and production. 

19 (b) REPORT.—Not later than 120 days after the date 

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

21 the appropriate committees of Congress a report describ22 ing the document described in subsection (a), including 

23 recommendations for any future action with respect to the 

24 document. 


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1 SEC. 147. ENERGY-WATER CLEAN TECHNOLOGY GRANT 

2 PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’ means— 

6 (A) an eligible unit of local government; 

7 (B) an Indian tribe; and 

8 (C) a water or wastewater agency of a 

9 State or local government. 

10 (2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— 

11 The term ‘‘eligible unit of local government’’ has the 

12 meaning given the term in section 541 of the Energy 

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

14 17151). 

15 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 450b). 

19 (b) GRANT PROGRAM.—In accordance with sub20 section (c), the Secretary may carry out a competitive 

21 grant program under which the Secretary may provide 

22 grants to eligible entities to demonstrate the deployment 

23 of technologies that reduce the consumption of, or con24 serve, energy supplies through energy savings and water 

25 conservation activities in commercial, residential, and 

26 mixed-use development projects. 


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1 (c) REQUIREMENTS.— 

2 (1) PROVISION OF ASSISTANCE.—In carrying 

3 out the program under subsection (b), the Secretary 

4 shall provide assistance to eligible entities that carry 

5 out projects that— 

6 (A) have the potential to be replicated in 

7 other locations; 

8 (B) are of sufficient size to demonstrate 

9 deployment of the project at scale; and 

10 (C) are likely to accelerate and expand in11 vestment in cost-effective technologies that 

12 demonstrate sustained reductions in energy con13 sumption or conservation of energy supplies, in14 cluding the deployment of renewable energy and 

15 water reuse technologies. 

16 (2) PRIORITIZATION.—In selecting eligible enti17 ties under paragraph (1), the Secretary shall give 

18 priority to each eligible entity that carries out a 

19 project that has the potential to create sustained en20 ergy reductions that are greater than 50 percent for 

21 the project development, as compared to similar 

22 project developments that do not include the tech23 nology used by the project that is the subject of the 

24 demonstration. 


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1 (3) COST-SHARING.—Each demonstration activ2 ity carried out under a project under this program 

3 shall be subject to each cost-sharing requirement de4 scribed in section 988 of the Energy Policy Act of 

5 2005 (42 U.S.C. 16352). 

6 (4) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec7 retary shall provide a grant under this section only 

8 to an eligible entity that uses a public-private part9 nership to design and carry-out the project of the el10 igible entity. 

11 (5) LIMITATION ON FUNDS.—Funds provided 

12 through a grant made by the Secretary under this 

13 section shall not be used by the recipient eligible en14 tity for any operation or maintenance cost of the eli15 gible entity. 

16 (6) REPORT.—The Secretary shall require each 

17 eligible entity that receives a grant from the Sec18 retary under this section to submit to the Secretary 

19 on a date not later than 1 year after the date on 

20 which the eligible entity completes the project of the 

21 eligible entity a report that contains a description 

22 of— 

23 (A) the estimated reductions in water use 

24 achieved by the project of the entity; 


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1 (B) the reductions in energy consumption 

2 achieved by the project of the entity; 

3 (C) the comprehensive environmental bene4 fits achieved by the project of the entity; and 

5 (D) the manner by which each reduction or 

6 benefit described in subparagraphs (A) through 

7 (C) compare to the original estimates of the eli8 gible entity. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary to carry 

11 out this section $100,000,000 for each of fiscal years 2010 

12 through 2015, to remain available until expended. 

13 SEC. 148. RURAL WATER UTILITIES ENERGY AND WATER 

14 EFFICIENCY PROGRAM. 

15 (a) DUTY OF SECRETARY.—As soon as practicable 

16 after the date of enactment of this Act, the Secretary shall 

17 establish and carry out a program similar to, and con18 sistent with, the national rural water and wastewater cir19 cuit rider program established under section 306(a)(22) 

20 of the Consolidated Farm and Rural Development Act (7 

21 U.S.C. 1926(a)(22)) (including the authority to make 

22 grants)— 

23 (1) to provide on-site technical assistance to 

24 rural drinking water and wastewater utilities (in25 cluding utilities serving an Indian tribe (as defined 


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1 in section 4 of the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 450b))); and 

3 (2) to improve energy efficiency, identify and 

4 develop alternative and renewable energy supplies, 

5 and conserve water in the operation of rural drink6 ing water and wastewater utilities. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary to carry 

9 out this section $7,000,000 for each of fiscal years 2010 

10 through 2015. 

11 SEC. 149. COMPREHENSIVE WATER USE AND ENERGY SAV12 INGS STUDY. 

13 (a) IN GENERAL.—As soon as practicable after the 

14 date of enactment of this Act, in consultation with other 

15 Federal agencies and appropriate entities, and incor16 porating available governmental and nongovernmental 

17 data as appropriate, the Secretary shall conduct a com18 prehensive study to determine the interrelated nature of 

19 water and energy use (including energy consumption in 

20 water-related processes and the manner by which to re21 duce water-related energy consumption) to promote the ef22 ficient use of water and energy. 

23 (b) REQUIRED COMPONENTS.— 

24 (1) IN GENERAL.—In conducting the study 

25 under subsection (a), the Secretary shall include 


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1 each component described in paragraphs (2) through 

2 (5). 

3 (2) INDUSTRIAL WATER.—In accordance with 

4 paragraph (1), the Secretary shall— 

5 (A) assess the annual industrial water use 

6 of the United States through a comparison, as 

7 the Secretary determines to be appropriate, of 

8 the differences in usage among— 

9 (i) various regions of the United 

10 States; 

11 (ii) industry types and processes; and 

12 (iii) the use of in-plant waste treat13 ment facilities; and 

14 (B) identify opportunities to reduce signifi15 cantly industrial energy consumption and asso16 ciated costs through the use of— 

17 (i) water management strategies; 

18 (ii) water conservation using tech19 nologies in existence as of the date of en20 actment of this Act; and 

21 (iii) reused water, particularly with re22 spect to industrial energy applications. 

23 (3) PEAK DEMAND.—In accordance with para24 graph (1), the Secretary shall identify options to re25 duce energy use by water treatment and delivery 


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1 systems during peak electric demand periods, includ2 ing through— 

3 (A) the use of increased water storage fa4 cilities; 

5 (B) the aggregation of water system utility 

6 accounts; 

7 (C) the installation of supervisory control 

8 and data acquisition systems; and 

9 (D) improvements made to primary and 

10 secondary water and wastewater treatment. 

11 (4) NONPOTABLE WATER SOURCES.—In accord12 ance with paragraph (1), the Secretary shall identify 

13 and assess— 

14 (A) the applications and uses for nonfresh15 water sources of water supply in industrial, 

16 commercial, and residential applications; and 

17 (B) the potential energy conservation that 

18 may result from the use of nonfreshwater sup19 plies, including— 

20 (i) recycled and reclaimed water; 

21 (ii) produced water; and 

22 (iii) other nontraditional water 

23 sources. 

24 (5) EMBEDDED ENERGY.—In accordance with 

25 paragraph (1), to facilitate an understanding of the 


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1 potential energy savings associated with water con2 servation and efficiency, the Secretary shall assess 

3 and estimate the quantity and type of energy con4 sumed in the procurement, transport, and treatment 

5 of water supplies and wastewater that serve indus6 trial, commercial, and residential uses, including 

7 variations relating to differences in geography and 

8 types of supply and wastewater processes. 

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

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

11 to the appropriate committees of Congress a report that 

12 contains a description of— 

13 (1) the results of the study conducted by the 

14 Secretary under this section; and 

15 (2) the means by which to incorporate, and the 

16 benefits of incorporating, the results of the study 

17 into related reports prepared by the Secretary. 

18 Subtitle E—Vehicle Technology 

19 Deployment 

20 SEC. 151. TRANSPORTATION ROADMAP STUDY. 

21 (a) IN GENERAL.—The Secretary shall enter into an 

22 arrangement with the National Academy of Sciences 

23 under which the Academy shall— 


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1 (1) conduct a comprehensive analysis of energy 

2 use within the light-duty vehicle transportation sec3 tor; and 

4 (2) use the analysis to conduct an integrated 

5 study of the technology options for alternative fuels, 

6 including electricity, natural gas, hydrogen, and ad7 vanced technologies (including battery, hybrid and 

8 fuel cell electric, advanced internal combustion, and 

9 lean burn diesel technologies), that could reduce pe10 troleum consumption and greenhouse gas emissions. 

11 (b) COMPONENTS.—The study shall— 

12 (1) review the status of technologies and assess 

13 the potential of the technologies to meet goals to re14 duce petroleum consumption and greenhouse gas 

15 emissions, including— 

16 (A) potential future fuels and pathways to 

17 commercial deployment; 

18 (B) infrastructure needs for future fuels 

19 and other barriers to market penetration; 

20 (C) potential timing of market adoption 

21 and opportunities to increase the pace of mar22 ket adoption; 

23 (D) a comparison of the potential reduc24 tions of petroleum consumption and greenhouse 


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1 gas emissions for different technological ap2 proaches; and 

3 (E) improvements in and priorities for 

4 Federal research and development program ac5 tivities to accelerate the development of the 

6 most promising technologies; 

7 (2) consider issues relating to vehicle duty cy8 cles, regional distinctions, and technology develop9 ment timelines; 

10 (3) build on and integrate applicable research 

11 conducted in recent years, including by the Acad12 emy; 

13 (4) evaluate technical options and assess the ex14 tent to which the United States can employ the op15 tions to reduce oil intensity by 80 percent by cal16 endar year 2050 and reduce carbon dioxide emis17 sions at a rate that is consistent with national goals; 

18 and 

19 (5) recommend policies to help facilitate the 

20 United States meeting national goals. 

21 (c) REPORT.—Not later than 21 months after the 

22 date on which funds are first made available to carry out 

23 this section, and every 5 years thereafter, the Secretary 

24 shall submit to the Committee on Energy and Natural Re25 sources of the Senate and the Committee on Energy and 


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1 Commerce of the House of Representatives a report (or 

2 updated report) on the results of the study conducted 

3 under subsection (a), including any recommendations. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section. 

7 SEC. 152. VEHICLE TECHNOLOGY AND RECHARGING INFRA8 STRUCTURE. 

9 Section 131 of the Energy Independence and Security 

10 Act of 2007 (42 U.S.C. 17011) is amended by adding at 

11 the end the following: 

12 ‘‘(e) MARKET ASSESSMENT AND RECHARGING IN13 FRASTRUCTURE STUDY.— 

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

15 ‘‘(A) LOCAL GOVERNMENT.— 

16 ‘‘(i) IN GENERAL.—The term ‘local 

17 government’ has the meaning given the 

18 term in section 3371 of title 5, United 

19 States Code. 

20 ‘‘(ii) INCLUSIONS.—The term ‘local 

21 government’ includes entities described in 

22 sections 7 and 8 of the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1606, 

24 1607). 


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1 ‘‘(B) RANGE EXTENSION INFRASTRUC2 TURE.—The term ‘range extension infrastruc3 ture’ includes equipment, products, or services 

4 for recharging plug-in electric vehicles that— 

5 ‘‘(i) are available to retail consumers 

6 of electric drive vehicles on a nonexclusive 

7 basis, including payment interoperability 

8 with other systems; and 

9 ‘‘(ii) provide for extending driving 

10 range through battery exchange or rapid 

11 recharging. 

12 ‘‘(C) STATE.—The term ‘State’ has the 

13 meaning given the term in section 3371 of title 

14 5, United States Code. 

15 ‘‘(2) STUDY.—The Secretary, in consultation 

16 with the Administrator, and the Secretary of Trans17 portation, shall carry out a program to analyze and 

18 assess— 

19 ‘‘(A) the number and distribution of re20 charging facilities, including range extension in21 frastructure, that will be required for drivers of 

22 plug-in electric drive vehicles and neighborhood 

23 electric vehicles to reliably recharge those elec24 tric drive vehicles to meet the average needs of 

25 the drivers; 


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1 ‘‘(B) minimum technical standards for 

2 public recharging facilities necessary for wide3 spread deployment; 

4 ‘‘(C) the technical and infrastructure in5 vestments that electric utilities and electricity 

6 providers will be required to make to support 

7 widespread deployment of recharging infra8 structure, including an estimate of the invest9 ments; 

10 ‘‘(D) existing electric drive transportation 

11 technologies and the state of markets for the 

12 purchase of those technologies; 

13 ‘‘(E) methods of removing market barriers 

14 for existing and emerging applications of elec15 tric drive transportation technologies; 

16 ‘‘(F) the potential value to the electric grid 

17 of using the energy stored in on-board storage 

18 systems to improve the efficiency and reliability 

19 of the grid generation system; and 

20 ‘‘(G) the implications of the introduction of 

21 plug-in electric drive vehicles and other types of 

22 electric transportation on the production of 

23 electricity from renewable resources. 


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1 ‘‘(3) COMPONENTS.—In conducting the study, 

2 the Secretary shall analyze and make recommenda3 tions on— 

4 ‘‘(A) the variety and density of recharging 

5 infrastructure options necessary to power plug6 in electric drive vehicles under diverse scenarios, 

7 including— 

8 ‘‘(i) the ratio of residential, commer9 cial, and public recharging infrastructure 

10 options necessary to support 10 percent-, 

11 20 percent-, and 50 percent-penetration of 

12 plug-in electric vehicles on a city fleet 

13 basis; 

14 ‘‘(ii) 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 regional fleet 

19 basis; 

20 ‘‘(iii) 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 ‘‘(iv) the potential impact of fast 

2 charging on market penetration rates for 

3 electric drive vehicles and the effects on 

4 electric utilities; 

5 ‘‘(B) the effects on market penetration of 

6 reserved parking spots with access to re7 charging facilities; 

8 ‘‘(C) model codes (including building 

9 codes) that need to be updated or otherwise 

10 modified to enable widespread deployment of re11 charging facilities; and 

12 ‘‘(D) such other issues as the Secretary 

13 considers to be appropriate. 

14 ‘‘(4) REPORT.—Not later than 1 year after the 

15 date of enactment of this subsection, the Secretary 

16 shall submit to the Committee on Energy and Nat17 ural Resources of the Senate and the Committee on 

18 Energy and Commerce of the House of Representa19 tives a report on the results of the study conducted 

20 under this subsection, including recommendations. 

21 ‘‘(f) FINANCIAL SUPPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than 18 months 

23 after the date of enactment of this subsection, the 

24 Secretary shall establish a program to support the 

25 deployment and integration of plug-in electric drive 


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1 vehicles in multiple regions of the United States 

2 through the provision of financial support to State 

3 and local governments and other entities to assist in 

4 the installation of recharging facilities for electric 

5 drive vehicles. 

6 ‘‘(2) FINANCIAL ASSISTANCE.—In carrying out 

7 the program, the Secretary may provide financial as8 sistance described in paragraph (7) to promote the 

9 goals described in paragraph (4). 

10 ‘‘(3) REGIONS.—The Secretary shall select re11 gions for financial assistance under this subsection 

12 based on applications for the assistance received 

13 under paragraph (7), taking into consideration the 

14 findings of the study conducted under subsection (e). 

15 ‘‘(4) GOALS.—The goals of the program estab16 lished under this subsection shall be— 

17 ‘‘(A) to demonstrate the viability of a vehi18 cle-based transportation system that reduces— 

19 ‘‘(i) the use of petroleum as a fuel; 

20 and 

21 ‘‘(ii) the emissions of greenhouse 

22 gases and other pollutants compared to a 

23 system based on conventional transpor24 tation fuels; 


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1 ‘‘(B) to facilitate the integration of ad2 vanced vehicle technologies into electricity dis3 tribution areas to improve system performance 

4 and reliability; 

5 ‘‘(C) to demonstrate the potential benefits 

6 of coordinated investments in vehicle electrifica7 tion on personal mobility and a regional grid; 

8 ‘‘(D) to demonstrate protocols and stand9 ards that facilitate vehicle integration into the 

10 grid; and 

11 ‘‘(E) to investigate differences in each re12 gion and regulatory environment regarding best 

13 practices in implementing vehicle electrification. 

14 ‘‘(5) USE OF FUNDS.—Subject to paragraph 

15 (6), the Secretary may provide financial assistance 

16 to any applicant that applies for, and receives the 

17 approval of the Secretary, under paragraph (7)— 

18 ‘‘(A) to assist persons located in a region 

19 (including fleet owners) in the purchase of new 

20 plug-in electric drive vehicles by reducing the 

21 incremental cost of the vehicles above the cost 

22 of comparable conventionally fueled vehicles; 

23 ‘‘(B) to support the use of plug-in electric 

24 drive vehicles by funding projects for the de25 ployment of— 


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1 ‘‘(i) recharging infrastructure for 

2 plug-in electric drive vehicles (including 

3 range extension infrastructure); 

4 ‘‘(ii) smart grid equipment and infra5 structure to facilitate the charging and in6 tegration of plug-in electric drive vehicles; 

7 or 

8 ‘‘(iii) the purchase of advanced bat9 teries for use in plug-in electric drive vehi10 cles; or 

11 ‘‘(C) to carry out such other projects as 

12 the Secretary determines are appropriate to 

13 support the large-scale deployment of plug-in 

14 electric drive vehicles in regional deployment 

15 areas. 

16 ‘‘(6) COST SHARE.—The Secretary shall carry 

17 out the programs established under this subsection 

18 in accordance with section 988 of the Energy Policy 

19 Act of 2005 (42 U.S.C. 16352). 

20 ‘‘(7) FINANCIAL SUPPORT.— 

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

22 ‘‘(i) provide grants to States and local 

23 governments for demonstration and com24 mercial application of recharging infra25 structure in accordance with paragraph (8) 


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1 in accordance with section 988 of the En2 ergy Policy Act of 2005 (42 U.S.C. 

3 16352); and 

4 ‘‘(ii) consult with the Administrator of 

5 the Clean Energy Deployment Administra6 tion to further the goals of this section. 

7 ‘‘(B) APPLICATIONS.— 

8 ‘‘(i) IN GENERAL.—An applicant that 

9 seeks to receive financial assistance under 

10 this subsection shall submit to the Sec11 retary an application at such time, in such 

12 manner, and containing such information 

13 as the Secretary determines are necessary 

14 through rulemaking. 

15 ‘‘(ii) JOINT SPONSORSHIP.—An appli16 cation may be jointly sponsored by electric 

17 utilities, automobile manufacturers, tech18 nology providers, car-sharing companies or 

19 organizations, or other persons or entities. 

20 ‘‘(C) REQUIREMENTS.—The design ele21 ments and requirements of the program estab22 lished under this subsection shall include— 

23 ‘‘(i) an evaluation of the financial 

24 mechanisms that will most effectively pro25 mote the purposes of this section; 


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1 ‘‘(ii) criteria for evaluating applica2 tions submitted under this paragraph, tak3 ing into consideration the findings of the 

4 study conducted under subsection (e) (in5 cluding the anticipated ability to promote 

6 deployment and market penetration of 

7 plug-in electric drive vehicles that are less 

8 dependent on petroleum as a fuel source); 

9 ‘‘(iii) reporting requirements for enti10 ties that receive financial assistance under 

11 this subsection, including a comprehensive 

12 set of performance data that reflect the re13 sults of the program; and 

14 ‘‘(iv) provisions that no proprietary 

15 information, trade secret, or other con16 fidential information is required to be dis17 closed. 

18 ‘‘(8) GRANTS TO STATES AND LOCAL GOVERN19 MENTS FOR RECHARGING INFRASTRUCTURE.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 establish a program under which the Secretary 

22 shall provide grants and other financial support 

23 to States and local governments to assist in the 

24 installation of recharging infrastructure for 


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1 plug-in electric drive vehicles in areas under the 

2 jurisdiction of the States or local governments. 

3 ‘‘(B) ELIGIBILITY.—To be eligible to ob4 tain a grant or other financial support under 

5 this subsection, a State or local government 

6 shall— 

7 ‘‘(i) demonstrate to the Secretary that 

8 the applicant has taken into consideration 

9 the findings of the report submitted under 

10 subsection (e), unless the State or local 

11 government demonstrates to the Secretary 

12 that an alternative variety and density of 

13 recharging infrastructure options would 

14 better meet the purposes of this section; 

15 and 

16 ‘‘(ii) agree not to charge a premium 

17 for use of a parking space used to recharge 

18 an electric drive vehicle other than a 

19 charge for electric energy. 

20 ‘‘(C) GUIDELINES.—The Secretary shall 

21 establish guidelines for carrying out this sub22 section that are consistent with the report sub23 mitted under subsection (e). 

24 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to the SecVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 retary such sums as are necessary to carry out this 

2 subsection, to remain available until expended. 

3 ‘‘(g) INFORMATION CLEARINGHOUSE.—As part of 

4 the program established under this section, the Secretary 

5 shall collect and make available to the public information 

6 regarding the cost, performance, and other technical data 

7 regarding the deployment and integration of plug-in hy8 brid electric drive vehicles. 

9 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this subsections (e) and (g).’’. 

12 SEC. 153. ELECTRIC DRIVE TRANSPORTATION STANDARD13 IZATION. 

14 (a) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary, in consultation with the National Institute of 

18 Standards and Technology, the National Labora19 tories, utilities, vehicle manufacturers, battery man20 ufacturers, industry trade associations, and such 

21 other entities as the Secretary determines to be ap22 propriate, shall submit to Congress a report con23 taining recommendations for establishing and adopt24 ing consensus or industry standards for electric 

25 drive transportation. 


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1 (2) CONTENTS.—The report shall— 

2 (A) identify consensus standards that exist 

3 or are under development, such as— 

4 (i) standardized electronic protocols 

5 for use in communicating with the elec6 trical power grid; 

7 (ii) safety and interoperability stand8 ards for the plug and socket for plug-in 

9 electric drive vehicles; 

10 (iii) battery-to-vehicle high voltage 

11 power connectors; 

12 (iv) battery-to-vehicle communications 

13 signal interface hardware and operational 

14 protocols; 

15 (v) safety interlock devices; 

16 (vi) battery safety; and 

17 (vii) other items identified by the Sec18 retary as priority items; 

19 (B) identify priority standards for the 

20 widespread deployment of electric drive tech21 nology; and 

22 (C) recommend a collaborative process for 

23 public and private entities that will accelerate 

24 the development of priority standards, includ25 ing— 


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1 (i) making maximum use of existing 

2 relevant work; and 

3 (ii) identifying areas in which new re4 search is required. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section. 

8 SEC. 154. PILOT PROGRAM FOR PLUG-IN ELECTRIC DRIVE 

9 VEHICLES FOR FEDERAL FLEET. 

10 Section 131 of the Energy Independence and Security 

11 Act of 2007 (42 U.S.C. 17011) (as amended by section 

12 152) is amended by adding at the end the following: 

13 ‘‘(h) PILOT PROGRAM FOR PLUG-IN ELECTRIC

14 DRIVE VEHICLES.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish, as part of the Federal Energy Management 

17 Program, a pilot program under which the Secretary 

18 shall provide grants for— 

19 ‘‘(A) the incremental cost of precommercial 

20 plug-in electric drive vehicles for purchase or 

21 lease in an amount not to exceed $10,000 per 

22 vehicle purchased or $1,500 per year per vehicle 

23 leased; and 

24 ‘‘(B) recharging infrastructure at Federal 

25 facilities in conjunction with the vehicles. 


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1 ‘‘(2) GUIDELINES.—Not later than 90 days 

2 after the date of enactment of this subsection, the 

3 Secretary shall issue guidelines for the pilot program 

4 established under this subsection. 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated such sums 

7 as are necessary to carry out this subsection for the 

8 period of fiscal years 2010 through 2015.’’. 

9 SEC. 155. STUDY OF END-OF-USEFUL LIFE OPTIONS FOR 

10 MOTOR VEHICLE BATTERIES. 

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

12 demonstration, and deployment activities conducted under 

13 section 641(k) of the Energy Independence and Security 

14 Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall 

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

16 vehicle batteries, including batteries used in electric drive 

17 vehicles. 

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

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

20 the appropriate committees of Congress a report on the 

21 results of the study conducted under subsection (a), in22 cluding recommendations for stationary storage applica23 tions and recyclability design specifications. 


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1 TITLE II—ENHANCED ENERGY 

2 EFFICIENCY 

3 Subtitle A—Manufacturing Energy 

4 Efficiency 

5 SEC. 201. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFI6 CIENCY REVOLVING LOAN PROGRAM. 

7 Section 399A of the Energy Policy and Conservation 

8 Act (42 U.S.C. 6371h–1) is amended— 

9 (1) in the section heading, by inserting ‘‘AND

10 INDUSTRY’’ before the period at the end; 

11 (2) by redesignating subsections (h) and (i) as 

12 subsections (i) and (j), respectively; and 

13 (3) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) STATE PARTNERSHIP INDUSTRIAL ENERGY EF16 FICIENCY REVOLVING LOAN PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall carry 

18 out a program under which the Secretary shall pro19 vide grants to eligible lenders to pay the Federal 

20 share of creating a revolving loan program under 

21 which loans are provided to commercial and indus22 trial manufacturers to implement commercially avail23 able technologies or processes that significantly— 


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1 ‘‘(A) reduce systems energy intensity, in2 cluding the use of energy intensive feedstocks; 

3 and 

4 ‘‘(B) improve the industrial competitive5 ness of the United States. 

6 ‘‘(2) ELIGIBLE LENDERS.—To be eligible to re7 ceive cost-matched Federal funds under this sub8 section, a lender shall— 

9 ‘‘(A) be a community and economic devel10 opment lender that the Secretary certifies meets 

11 the requirements of this subsection; 

12 ‘‘(B) lead a partnership that includes par13 ticipation by, at a minimum— 

14 ‘‘(i) a State government agency; and 

15 ‘‘(ii) a private financial institution or 

16 other provider of loan capital; 

17 ‘‘(C) submit an application to the Sec18 retary, and receive the approval of the Sec19 retary, for cost-matched Federal funds to carry 

20 out a loan program described in paragraph (1); 

21 and 

22 ‘‘(D) ensure that non-Federal funds are 

23 provided to match, on at least a dollar-for-dol24 lar basis, the amount of Federal funds that are 


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1 provided to carry out a revolving loan program 

2 described in paragraph (1). 

3 ‘‘(3) AWARD.—The amount of cost-matched 

4 Federal funds provided to an eligible lender shall not 

5 exceed $100,000,000 for any fiscal year. 

6 ‘‘(4) RECAPTURE OF AWARDS.— 

7 ‘‘(A) IN GENERAL.—An eligible lender that 

8 receives an award under paragraph (1) shall be 

9 required to repay to the Secretary an amount 

10 of cost-match Federal funds, as determined by 

11 the Secretary under subparagraph (B), if the 

12 eligible lender is unable or unwilling to operate 

13 a program described in this subsection for a pe14 riod of not less than 10 years beginning on the 

15 date on which the eligible lender first receives 

16 funds made available through the award. 

17 ‘‘(B) DETERMINATION BY SECRETARY.— 

18 The Secretary shall determine the amount of 

19 cost-match Federal funds that an eligible lender 

20 shall be required to repay to the Secretary 

21 under subparagraph (A) based on the consider22 ation by the Secretary of— 

23 ‘‘(i) the amount of non-Federal funds 

24 matched by the eligible lender; 


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1 ‘‘(ii) the amount of loan losses in2 curred by the revolving loan program de3 scribed in paragraph (1); and 

4 ‘‘(iii) any other appropriate factor, as 

5 determined by the Secretary. 

6 ‘‘(C) USE OF RECAPTURED COST-MATCH

7 FEDERAL FUNDS.—The Secretary may dis8 tribute to eligible lenders under this subsection 

9 each amount received by the Secretary under 

10 this paragraph. 

11 ‘‘(5) ELIGIBLE PROJECTS.—A program for 

12 which cost-matched Federal funds are provided 

13 under this subsection shall be designed to accelerate 

14 the implementation of industrial and commercial ap15 plications of technologies or processes that— 

16 ‘‘(A) improve energy efficiency; 

17 ‘‘(B) enhance the industrial competitive18 ness of the United States; and 

19 ‘‘(C) achieve such other goals as the Sec20 retary determines to be appropriate. 

21 ‘‘(6) EVALUATION.—The Secretary shall evalu22 ate applications for cost-matched Federal funds 

23 under this subsection on the basis of— 


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1 ‘‘(A) the description of the program to be 

2 carried out with the cost-matched Federal 

3 funds; 

4 ‘‘(B) the commitment to provide non-Fed5 eral funds in accordance with paragraph 

6 (2)(D); 

7 ‘‘(C) program sustainability over a 10-year 

8 period; 

9 ‘‘(D) the capability of the applicant; 

10 ‘‘(E) the quantity of energy savings or en11 ergy feedstock minimization; 

12 ‘‘(F) the advancement of the goal under 

13 this Act of 25-percent energy avoidance; 

14 ‘‘(G) the ability to fund energy efficient 

15 projects not later than 120 days after the date 

16 of the grant award; and 

17 ‘‘(H) such other factors as the Secretary 

18 determines appropriate. 

19 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $500,000,000 for each of fiscal years 

22 2010 through 2012.’’. 


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1 SEC. 202. COORDINATION OF RESEARCH AND DEVELOP2 MENT OF ENERGY EFFICIENT TECH3 NOLOGIES FOR INDUSTRY. 

4 (a) IN GENERAL.—As part of the research and devel5 opment activities of the Industrial Technologies Program 

6 of the Department of Energy, the Secretary shall estab7 lish, as appropriate, collaborative research and develop8 ment partnerships with other programs within the Office 

9 of Energy Efficiency and Renewable Energy, including the 

10 Building Technologies Program, the Office of Electricity 

11 Delivery and Energy Reliability, and programs of the Of12 fice of Science— 

13 (1) to leverage the research and development 

14 expertise of those programs to promote early stage 

15 energy efficiency technology development; and 

16 (2) to apply the knowledge and expertise of the 

17 Industrial Technologies Program to help achieve the 

18 program goals of the other programs. 

19 (b) REPORTS.—Not later than 2 years after the date 

20 of enactment of this Act and biennially thereafter, the Sec21 retary shall submit to Congress a report that describes 

22 actions taken to carry out subsection (a) and the results 

23 of those actions. 


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1 SEC. 203. ENERGY EFFICIENT TECHNOLOGIES ASSESS2 MENT. 

3 (a) IN GENERAL.—Not later than 60 days after the 

4 date of enactment of this Act, the Secretary shall com5 mence an assessment of commercially available, cost com6 petitive energy efficiency technologies that are not widely 

7 implemented within the United States for the energy in8 tensive industries of— 

9 (1) steel; 

10 (2) aluminum; 

11 (3) forest and paper products; 

12 (4) food processing; 

13 (5) metal casting; 

14 (6) glass; 

15 (7) chemicals; 

16 (8) petroleum refining; 

17 (9) cement; 

18 (10) information and communication tech19 nologies; and 

20 (11) other industries that (as determined by the 

21 Secretary)— 

22 (A) use large quantities of energy; 

23 (B) emit large quantities of greenhouse 

24 gases; or 

25 (C) use a rapidly increasing quantity of en26 ergy. 


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

2 of enactment of this Act, the Secretary shall publish a re3 port, based on the assessment conducted under subsection 

4 (a), that contains— 

5 (1) a detailed inventory describing the cost, en6 ergy, and greenhouse gas emission savings of each 

7 technology described in subsection (a); 

8 (2) for each technology, the total cost, energy, 

9 and greenhouse gas emissions savings if the tech10 nology is implemented throughout the industry of 

11 the United States; 

12 (3) for each industry, an assessment of total 

13 possible cost, energy, and greenhouse gas emissions 

14 savings possible if state-of-the art, cost-competitive, 

15 commercial energy efficiency technologies were 

16 adopted; and 

17 (4) for each industry, a comparison to the Eu18 ropean Union, Japan, and other appropriate coun19 tries of energy efficiency technology adoption rates, 

20 as determined by the Secretary. 

21 SEC. 204. FUTURE OF INDUSTRY PROGRAM. 

22 (a) IN GENERAL.—Section 452(c)(2) of the Energy 

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

24 17111(c)(2)) is amended by striking the section heading 


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1 and inserting the following: ‘‘FUTURE OF INDUSTRY

2 PROGRAM’’. 

3 (b) INDUSTRY-SPECIFIC ROAD MAPS.—Section 

4 452(c)(2) of the Energy Independence and Security Act 

5 of 2007 (42 U.S.C. 17111(c)(2)) is amended— 

6 (1) in subparagraph (E), by striking ‘‘and’’ at 

7 the end; 

8 (2) by redesignating subparagraph (F) as sub9 paragraph (G); and 

10 (3) by inserting after subparagraph (E) the fol11 lowing: 

12 ‘‘(F) research to establish (through the In13 dustrial Technologies Program and in collabora14 tion with energy-intensive industries) a road 

15 map process under which— 

16 ‘‘(i) industry-specific studies are con17 ducted to determine the intensity of energy 

18 use, greenhouse gas emissions, and waste 

19 and operating costs, by process and sub20 process; 

21 ‘‘(ii) near-, mid-, and long-term tar22 gets of opportunity are established for syn23 ergistic improvements in efficiency, sus24 tainability, and resilience; and 


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1 ‘‘(iii) public/private actionable plans 

2 are created to achieve roadmap goals; 

3 and’’. 

4 (c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN5 TERS.— 

6 (1) IN GENERAL.—Section 452(e) of the En7 ergy Independence and Security Act of 2007 (42 

8 U.S.C. 17111(e)) is amended— 

9 (A) by redesignating paragraphs (1) 

10 through (5) as subparagraphs (A) through (E), 

11 respectively, and indenting appropriately; 

12 (B) by striking ‘‘The Secretary’’ and in13 serting the following: 

14 ‘‘(1) IN GENERAL.—The Secretary’’; 

15 (C) in subparagraph (A) (as redesignated 

16 by subparagraph (A)), by inserting before the 

17 semicolon at the end the following: ‘‘, including 

18 assessments of sustainable manufacturing goals 

19 and the implementation of information tech20 nology advancements for supply chain analysis, 

21 logistics, industrial and manufacturing proc22 esses, and other purposes’’; and 

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

24 ‘‘(2) CENTERS OF EXCELLENCE.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 establish a Center of Excellence at up to 10 of 

3 the highest performing industrial research and 

4 assessment centers, as determined by the Sec5 retary. 

6 ‘‘(B) DUTIES.—A Center of Excellence 

7 shall coordinate with and advise the industrial 

8 research and assessment centers located in the 

9 region of the Center of Excellence. 

10 ‘‘(C) FUNDING.—Subject to the availability 

11 of appropriations, of the funds made available 

12 under subsection (f), the Secretary shall use to 

13 support each Center of Excellence not less than 

14 $500,000 for fiscal year 2010 and each fiscal 

15 year thereafter, as determined by the Secretary. 

16 ‘‘(3) EXPANSION OF CENTERS.—The Secretary 

17 shall provide funding to establish additional indus18 trial research and assessment centers at institutions 

19 of higher education that do not have industrial re20 search and assessment centers established under 

21 paragraph (1), taking into account the size of, and 

22 potential energy efficiency savings for, the manufac23 turing base within the region of the proposed center. 

24 ‘‘(4) COORDINATION.— 


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1 ‘‘(A) IN GENERAL.—To increase the value 

2 and capabilities of the industrial research and 

3 assessment centers, the centers shall— 

4 ‘‘(i) coordinate with Manufacturing 

5 Extension Partnership Centers of the Na6 tional Institute of Science and Technology; 

7 ‘‘(ii) coordinate with the Building 

8 Technologies Program of the Department 

9 of Energy to provide building assessment 

10 services to manufacturers; 

11 ‘‘(iii) increase partnerships with the 

12 National Laboratories of the Department 

13 of Energy to leverage the expertise and 

14 technologies of the National Laboratories 

15 for national industrial and manufacturing 

16 needs; 

17 ‘‘(iv) identify opportunities for reduc18 ing greenhouse gas emissions; and 

19 ‘‘(v) promote sustainable manufac20 turing practices for small- and medium21 sized manufacturers. 

22 ‘‘(5) OUTREACH.—The Secretary shall provide 

23 funding for— 

24 ‘‘(A) outreach activities by the industrial 

25 research and assessment centers to inform 


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1 small- and medium-sized manufacturers of the 

2 information, technologies, and services avail3 able; and 

4 ‘‘(B) a full-time equivalent employee at 

5 each center of excellence whose primary mission 

6 shall be to coordinate and leverage the efforts 

7 of the center with— 

8 ‘‘(i) Federal and State efforts; 

9 ‘‘(ii) the efforts of utilities; and 

10 ‘‘(iii) the efforts of other centers in 

11 the region of the center of excellence. 

12 ‘‘(6) WORKFORCE TRAINING.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 pay the Federal share of associated internship 

15 programs under which students work with in16 dustries and manufactures to implement the 

17 recommendations of industrial research and as18 sessment centers. 

19 ‘‘(B) FEDERAL SHARE.—The Federal 

20 share of the cost of carrying out internship pro21 grams described in subparagraph (A) shall be 

22 50 percent. 

23 ‘‘(C) FUNDING.—Subject to the availability 

24 of appropriations, of the funds made available 

25 under subsection (f), the Secretary shall use to 


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1 carry out this paragraph not less than 

2 $5,000,000 for fiscal year 2010 and each fiscal 

3 year thereafter. 

4 ‘‘(7) SMALL BUSINESS LOANS.—The Adminis5 trator of the Small Business Administration shall, to 

6 the maximum practicable, expedite consideration of 

7 applications from eligible small business concerns for 

8 loans under the Small Business Act (15 U.S.C. 631 

9 et seq.) to implement recommendations of industrial 

10 research and assessment centers established under 

11 paragraph (1).’’. 

12 (d) FUTURE OF INDUSTRY PROGRAM.—Section 

13 452(f) of the Energy Independence and Security Act of 

14 2007 (42 U.S.C. 17111(f)) is amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (C), by striking 

17 ‘‘$196,000,000’’ and inserting ‘‘$216,000,000’’; 

18 (B) in subparagraph (D), by striking 

19 ‘‘$202,000,000’’ and inserting ‘‘$232,000,000’’; 

20 and 

21 (C) in subparagraph (E), by striking 

22 ‘‘$208,000,000’’ and inserting ‘‘$248,000,000’’; 

23 and 

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


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1 ‘‘(4) INDUSTRIAL RESEARCH AND ASSESSMENT

2 CENTERS.—Of the amounts made available under 

3 paragraph (1), the Secretary shall use to provide 

4 funding to industrial research and assessment cen5 ters under subsection (e) not less than— 

6 ‘‘(A) $20,000,000 for fiscal year 2010; 

7 ‘‘(B) $30,000,000 for fiscal year 2011; and 

8 ‘‘(C) $40,000,000 for fiscal year 2012 and 

9 each fiscal year thereafter.’’. 

10 SEC. 205. SUSTAINABLE MANUFACTURING INITIATIVE. 

11 (a) IN GENERAL.—Part E of title III of the Energy 

12 Policy and Conservation Act (42 U.S.C. 6341) is amended 

13 by adding at the end the following: 

14 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

15 ‘‘(a) IN GENERAL.—As part of the Industrial Tech16 nologies Program of the Department of Energy, the Sec17 retary shall carry out a sustainable manufacturing initia18 tive under which the Secretary, on the request of a manu19 facturer, shall conduct onsite technical assessments to 

20 identify opportunities for— 

21 ‘‘(1) maximizing the energy efficiency of sys22 tems; 

23 ‘‘(2) preventing pollution and minimizing waste; 

24 ‘‘(3) reducing the use of water in manufac25 turing processes; 


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1 ‘‘(4) conserving natural resources; and 

2 ‘‘(5) achieving such other goals as the Secretary 

3 determines to be appropriate. 

4 ‘‘(b) COORDINATION.—The Secretary shall carry out 

5 the initiative in coordination with appropriate agencies, in6 cluding the National Institute of Standards and Tech7 nology. 

8 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

9 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH10 NOLOGIES AND PROCESSES.—As part of the Industrial 

11 Technologies Program of the Department of Energy, the 

12 Secretary shall carry out a joint industry-government 

13 partnership program to conduct research and development 

14 of new sustainable manufacturing and industrial tech15 nologies and processes that maximize the energy efficiency 

16 of systems, reduce pollution, and conserve natural re17 sources. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section.’’. 

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

22 the Energy Policy and Conservation Act (42 U.S.C. prec. 

23 6201) is amended by adding at the end of the items relat24 ing to part E of title III the following: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 


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1 SEC. 206. INNOVATION IN INDUSTRY GRANTS. 

2 Section 1008 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16396) is amended by adding at the end the fol4 lowing: 

5 ‘‘(g) INNOVATION IN INDUSTRY GRANTS.— 

6 ‘‘(1) IN GENERAL.—As part of the program 

7 under this section, the Secretary shall carry out a 

8 program to pay the Federal share of competitively 

9 awarding grants to State-industry partnerships in 

10 accordance with this subsection to develop, dem11 onstrate, and commercialize new technologies or 

12 processes for industries that significantly— 

13 ‘‘(A) reduce energy use and energy inten14 sive feedstocks; 

15 ‘‘(B) reduce pollution and greenhouse gas 

16 emissions; 

17 ‘‘(C) reduce industrial waste; and 

18 ‘‘(D) improve domestic industrial cost com19 petitiveness. 

20 ‘‘(2) ADMINISTRATION.— 

21 ‘‘(A) APPLICATIONS.—A State-industry 

22 partnership seeking a grant under this sub23 section shall submit to the Secretary an applica24 tion for a grant to carry out a project to dem25 onstrate an innovative energy efficiency tech26 nology or process described in paragraph (1). 


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1 ‘‘(B) COST SHARING.—To be eligible to re2 ceive a grant under this subsection, a State-in3 dustry partnership shall agree to match, on at 

4 least a dollar-for-dollar basis, the amount of 

5 Federal funds that are provided to carry out 

6 the project. 

7 ‘‘(C) GRANT.—The Secretary shall provide 

8 to a State-industry partnership selected under 

9 this subsection a 1-time grant of not more than 

10 $500,000 to initiate the project. 

11 ‘‘(3) ELIGIBLE PROJECTS.—A project for which 

12 a grant is received under this subsection shall be de13 signed to demonstrate successful— 

14 ‘‘(A) industrial applications of energy effi15 cient technologies or processes that reduce costs 

16 to industry and prevent pollution and green17 house gas releases; or 

18 ‘‘(B) energy efficiency improvements in 

19 material inputs, processes, or waste streams to 

20 enhance the industrial competitiveness of the 

21 United States. 

22 ‘‘(4) EVALUATION.—The Secretary shall evalu23 ate applications for grants under this subsection on 

24 the basis of— 

25 ‘‘(A) the description of the concept; 


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1 ‘‘(B) cost-efficiency; 

2 ‘‘(C) the capability of the applicant; 

3 ‘‘(D) the quantity of energy savings; 

4 ‘‘(E) the commercialization or marketing 

5 plan; and 

6 ‘‘(F) such other factors as the Secretary 

7 determines to be appropriate.’’. 

8 SEC. 207. STUDY OF ADVANCED ENERGY TECHNOLOGY 

9 MANUFACTURING CAPABILITIES IN THE 

10 UNITED STATES. 

11 (a) IN GENERAL.—Not later than 60 days after the 

12 date of enactment of this Act, the Secretary shall enter 

13 into an arrangement with the National Academy of 

14 Sciences under which the Academy shall conduct a study 

15 of the development of advanced manufacturing capabilities 

16 for various energy technologies, including— 

17 (1) an assessment of the manufacturing supply 

18 chains of established and emerging industries; 

19 (2) an analysis of— 

20 (A) the manner in which supply chains 

21 have changed over the 25-year period ending on 

22 the date of enactment of this Act; 

23 (B) current trends in supply chains; and 


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1 (C) the energy intensity of each part of the 

2 supply chain and opportunities for improve3 ment; 

4 (3) for each technology or manufacturing sec5 tor, an analysis of which sections of the supply chain 

6 are critical for the United States to retain or develop 

7 to be competitive in the manufacturing of the tech8 nology; 

9 (4) an assessment of which emerging energy 

10 technologies the United States should focus on to 

11 create or enhance manufacturing capabilities; and 

12 (5) recommendations on leveraging the exper13 tise of energy efficiency and renewable energy user 

14 facilities so that best materials and manufacturing 

15 practices are designed and implemented. 

16 (b) REPORT.—Not later than 2 years after the date 

17 on which the Secretary enters into the agreement with the 

18 Academy described in subsection (a), the Academy shall 

19 submit to the Committee on Energy and Natural Re20 sources of the Senate, the Committee on Energy and Com21 merce of the House of Representatives, and the Secretary 

22 a report describing the results of the study required under 

23 this section, including any findings and recommendations. 


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1 SEC. 208. INDUSTRIAL TECHNOLOGIES STEERING COM2 MITTEE. 

3 The Secretary shall establish an advisory steering 

4 committee to provide recommendations to the Secretary 

5 on planning and implementation of the Industrial Tech6 nologies Program of the Department of Energy. 

7 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Sec9 retary such sums as are necessary to carry out this sub10 title. 

11 Subtitle B—Improved Efficiency in 

12 Appliances and Equipment 

13 SEC. 221. TEST PROCEDURE PETITION PROCESS. 

14 (a) CONSUMER PRODUCTS OTHER THAN AUTO15 MOBILES.—Section 323(b)(1) of the Energy Policy and 

16 Conservation Act (42 U.S.C. 6293(b)(1)) is amended— 

17 (1) in subparagraph (A)(i), by striking 

18 ‘‘amend’’ and inserting ‘‘publish in the Federal Reg19 ister amended’’; and 

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

21 ‘‘(B) PETITIONS.— 

22 ‘‘(i) IN GENERAL.—In the case of any 

23 covered product, any person may petition 

24 the Secretary to conduct a rulemaking— 

25 ‘‘(I) to prescribe a test procedure 

26 for the covered product; or 


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1 ‘‘(II) to amend the test proce2 dures applicable to the covered prod3 uct to more accurately or fully comply 

4 with paragraph (3). 

5 ‘‘(ii) DETERMINATION.—The Sec6 retary shall— 

7 ‘‘(I) not later than 90 days after 

8 the date of receipt of the petition, 

9 publish the petition in the Federal 

10 Register; and 

11 ‘‘(II) not later than 180 days 

12 after the date of receipt of the peti13 tion, grant or deny the petition. 

14 ‘‘(iii) BASIS.—The Secretary shall 

15 grant a petition if the Secretary finds that 

16 the petition contains evidence that, assum17 ing no other evidence was considered, pro18 vides an adequate basis for determining 

19 that an amended test method would more 

20 accurately or fully comply with paragraph 

21 (3). 

22 ‘‘(iv) EFFECT ON OTHER REQUIRE23 MENTS.—The granting of a petition by the 

24 Secretary under this subparagraph shall 

25 create no presumption with respect to the 


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1 determination of the Secretary that the 

2 proposed test procedure meets the require3 ments of paragraph (3). 

4 ‘‘(v) RULEMAKING.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), not later 

7 than the end of the 18-month period 

8 beginning on the date of granting a 

9 petition, the Secretary shall publish 

10 an amended test method or a deter11 mination not to amend the test meth12 od. 

13 ‘‘(II) EXTENSION.—The Sec14 retary may extend the period de15 scribed in subclause (I) for 1 addi16 tional year. 

17 ‘‘(III) DIRECT FINAL RULE.— 

18 The Secretary may adopt a consensus 

19 test procedure in accordance with the 

20 direct final rule procedure established 

21 under section 325(p)(4).’’. 

22 (b) CERTAIN INDUSTRIAL EQUIPMENT.—Section 343 

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

24 6314) is amended— 


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1 (1) in subsection (a), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) AMENDMENT AND PETITION PROCESS.— 

4 ‘‘(A) IN GENERAL.—At least once every 7 

5 years, the Secretary shall review test procedures 

6 for all covered equipment and— 

7 ‘‘(i) publish in the Federal Register 

8 amended test procedures with respect to 

9 any covered equipment, if the Secretary 

10 determines that amended test procedures 

11 would more accurately or fully comply with 

12 paragraphs (2) and (3); or 

13 ‘‘(ii) publish notice in the Federal 

14 Register of any determination not to 

15 amend a test procedure. 

16 ‘‘(B) PETITIONS.— 

17 ‘‘(i) IN GENERAL.—In the case of any 

18 class or category of covered equipment, 

19 any person may petition the Secretary to 

20 conduct a rulemaking— 

21 ‘‘(I) to prescribe a test procedure 

22 for the covered equipment; or 

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1 ment to more accurately or fully com2 ply with paragraphs (2) and (3). 

3 ‘‘(ii) DETERMINATION.—The Sec4 retary shall— 

5 ‘‘(I) not later than 90 days after 

6 the date of receipt of the petition, 

7 publish the petition in the Federal 

8 Register; and 

9 ‘‘(II) not later than 180 days 

10 after the date of receipt of the peti11 tion, grant or deny the petition. 

12 ‘‘(iii) BASIS.—The Secretary shall 

13 grant a petition if the Secretary finds that 

14 the petition contains evidence that, assum15 ing no other evidence was considered, pro16 vides an adequate basis for determining 

17 that an amended test method would more 

18 accurately promote energy or water use ef19 ficiency. 

20 ‘‘(iv) EFFECT ON OTHER REQUIRE21 MENTS.—The granting of a petition by the 

22 Secretary under this paragraph shall cre23 ate no presumption with respect to the de24 termination of the Secretary that the proVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 posed test procedure meets the require2 ments of paragraphs (2) and (3). 

3 ‘‘(v) RULEMAKING.— 

4 ‘‘(I) IN GENERAL.—Except as 

5 provided in subclause (II), not later 

6 than the end of the 18-month period 

7 beginning on the date of granting a 

8 petition, the Secretary shall publish 

9 an amended test method or a deter10 mination not to amend the test meth11 od. 

12 ‘‘(II) EXTENSION.—The Sec13 retary may extend the period de14 scribed in subclause (I) for 1 addi15 tional year. 

16 ‘‘(III) DIRECT FINAL RULE.— 

17 The Secretary may adopt a consensus 

18 test procedure in accordance with the 

19 direct final rule procedure established 

20 under section 325(p).’’; 

21 (2) by striking subsection (c); and 

22 (3) by redesignating subsections (d) and (e) as 

23 subsections (c) and (d), respectively. 


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1 SEC. 222. ENERGY STAR PROGRAM. 

2 (a) DIVISION OF RESPONSIBILITIES.—Section 

3 324A(b) of the Energy Policy and Conservation Act (42 

4 U.S.C. 6294a(b)) is amended— 

5 (1) by striking ‘‘Responsibilities’’ and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—Responsibilities’’; and 

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

9 ‘‘(2) UPDATE.—Not later than 180 days after 

10 the date of enactment of this paragraph, the Sec11 retary and the Administrator shall update the agree12 ments described in paragraph (1), including agree13 ments on provisions that provide— 

14 ‘‘(A) a clear delineation of the roles and 

15 responsibilities of each agency that is based on 

16 the resources and areas of expertise of each 

17 agency; 

18 ‘‘(B) a formal process for high-level deci19 sionmaking that allows each agency to make 

20 specific programmatic decisions based on the 

21 program approaches of each agency; 

22 ‘‘(C) a facilitated annual planning meeting 

23 that establishes strategic priorities and goals 

24 for the coming year; 

25 ‘‘(D) a prescribed course of action to work 

26 through differences and disagreements; 


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1 ‘‘(E) a facilitated biannual program review 

2 conducted by a third-party that— 

3 ‘‘(i) incorporates an assessment of 

4 program progress, partner acceptance, the 

5 achievement of program goals, and future 

6 strategic planning; and 

7 ‘‘(ii) is evaluated by the Council on 

8 Environmental Quality, which shall ap9 praise the findings in the review and work 

10 with the agencies to resolve any negative 

11 findings; and 

12 ‘‘(F) a sunset date for the new agreement 

13 and a timetable for establishing future agree14 ments based on priorities at that time.’’. 

15 (b) DUTIES.—Section 324A(c) of the Energy Policy 

16 and Conservation Act (42 U.S.C. 6294a(c)) is amended— 

17 (1) in paragraph (6), by striking ‘‘and’’ after 

18 the semicolon at the end; 

19 (2) in paragraph (7), by striking the period at 

20 the end and inserting a semicolon; and 

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

22 ‘‘(8)(A) review each product category— 

23 ‘‘(i) at least once every 3 years; or 

24 ‘‘(ii) when market share for an Energy 

25 Star product category reaches 35 percent; 


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1 ‘‘(B) based on the review— 

2 ‘‘(i) update and publish the Energy Star 

3 product criteria for the category; or 

4 ‘‘(ii) publish a finding that no update is 

5 justified with the explanation for the finding; 

6 ‘‘(C) require that— 

7 ‘‘(i) industry consensus test methods estab8 lished by the Department of Energy shall— 

9 ‘‘(I) take into consideration test pro10 cedures or rating procedures developed by 

11 industry standards organizations; and 

12 ‘‘(II) be used for all solid-state light13 ing products, including— 

14 ‘‘(aa) integral luminaries; 

15 ‘‘(bb) integral replacement lamps; 

16 ‘‘(cc) light engines; and 

17 ‘‘(ii) in accordance with the commercializa18 tion support provisions of section 912 of the 

19 Energy Policy Act of 2005 (42 U.S.C. 16192), 

20 the Department of Energy shall assume all re21 sponsibility for the implementation of an En22 ergy Star program for solid-state lighting; and 

23 ‘‘(D) during the initial review for each product 

24 category, establish an alternative market share to 


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1 trigger subsequent reviews, based on product-specific 

2 technology and market attributes; 

3 ‘‘(9) require a demonstration of compliance 

4 with the Energy Star criteria by qualified products, 

5 except that— 

6 ‘‘(A) the demonstration shall be conducted 

7 in accordance with appropriate methods deter8 mined for each product type by the Secretary or 

9 the Administrator of the Environmental Protec10 tion Agency (as appropriate), including— 

11 ‘‘(i) third-party verification; 

12 ‘‘(ii) third-party certification; 

13 ‘‘(iii) purchase and testing of products 

14 from the market; or 

15 ‘‘(iv) other verified testing and compli16 ance approaches; and 

17 ‘‘(B) the Secretary or Administrator may 

18 exempt specific types of products from the re19 quirements of this subparagraph if the Sec20 retary or Administrator finds that— 

21 ‘‘(i) the benefits to the Energy Star 

22 program of verifying product performance 

23 are substantially exceeded by the burdens; 

24 or 


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1 ‘‘(ii) there are no benefits to the En2 ergy Star program; and 

3 ‘‘(10) develop and publish standardized building 

4 energy audit methods.’’. 

5 (c) FUNDING.—Section 324A of the Energy Policy 

6 and Conservation Act (42 U.S.C. 6294a) is amended by 

7 adding at the end the following: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this sec10 tion— 

11 ‘‘(1) to the Department of Energy $25,000,000 

12 for each fiscal year; and 

13 ‘‘(2) to the Environmental Protection Agency 

14 $100,000,000 for each fiscal year.’’. 

15 SEC. 223. PETITION FOR AMENDED STANDARDS. 

16 Section 325(n) of the Energy Policy and Conserva17 tion Act (42 U.S.C. 6295(n)) is amended— 

18 (1) by redesignating paragraph (3) as para19 graph (5); and 

20 (2) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) NOTICE OF DECISION.—Not later than 

23 180 days after the date of receiving a petition, the 

24 Secretary shall publish in the Federal Register a noVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 tice of, and explanation for, the decision of the Sec2 retary to grant or deny the petition. 

3 ‘‘(4) NEW OR AMENDED STANDARDS.—Not 

4 later than 3 years after the date of granting a peti5 tion for new or amended standards, the Secretary 

6 shall publish in the Federal Register— 

7 ‘‘(A) a final rule that contains the new or 

8 amended standards; or 

9 ‘‘(B) a determination that no new or 

10 amended standards are necessary.’’. 

11 SEC. 224. PORTABLE LIGHT FIXTURES. 

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

13 and Conservation Act (42 U.S.C. 6291) is amended by 

14 adding at the end the following: 

15 ‘‘(67) ART WORK LIGHT FIXTURE.—The term 

16 ‘art work light fixture’ means a light fixture de17 signed only to be mounted directly to an art work 

18 and for the purpose of illuminating that art work. 

19 ‘‘(68) LED LIGHT ENGINE.—The term ‘LED 

20 light engine’ or ‘LED light engine with integral heat 

21 sink’ means a subsystem of an LED light fixture 

22 that— 

23 ‘‘(A) includes 1 or more LED components, 

24 including— 


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1 ‘‘(i) an LED driver power source with 

2 electrical and mechanical interfaces; and 

3 ‘‘(ii) an integral heat sink to provide 

4 thermal dissipation; and 

5 ‘‘(B) may be designed to accept additional 

6 components that provide aesthetic, optical, and 

7 environmental control. 

8 ‘‘(69) LED LIGHT FIXTURE.—The term ‘LED 

9 light fixture’ means a complete lighting unit con10 sisting of— 

11 ‘‘(A) an LED light source with 1 or more 

12 LED lamps or LED light engines; and 

13 ‘‘(B) parts— 

14 ‘‘(i) to distribute the light; 

15 ‘‘(ii) to position and protect the light 

16 source; and 

17 ‘‘(iii) to connect the light source to 

18 electrical power. 

19 ‘‘(70) LIGHT FIXTURE.—The term ‘light fix20 ture’ means a product designed to provide light that 

21 includes— 

22 ‘‘(A) at least 1 lamp socket; and 

23 ‘‘(B) parts— 

24 ‘‘(i) to distribute the light; 


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1 ‘‘(ii) position and protect 1 or more 

2 lamps; and 

3 ‘‘(iii) to connect 1 or more lamps to a 

4 power supply. 

5 ‘‘(71) PORTABLE LIGHT FIXTURE.— 

6 ‘‘(A) IN GENERAL.—The term ‘portable 

7 light fixture’ means a light fixture that has a 

8 flexible cord and an attachment plug for con9 nection to a nominal 120-volt circuit that— 

10 ‘‘(i) allows the user to relocate the 

11 product without any rewiring; and 

12 ‘‘(ii) typically can be controlled with a 

13 switch located on the product or the power 

14 cord of the product. 

15 ‘‘(B) EXCLUSIONS.—The term ‘portable 

16 light fixture’ does not include— 

17 ‘‘(i) direct plug-in night lights, sun or 

18 heat lamps, medical or dental lights, port19 able electric hand lamps, signs or commer20 cial advertising displays, photographic 

21 lamps, germicidal lamps, or light fixtures 

22 for marine use or for use in hazardous lo23 cations (as those terms are defined in 

24 ANSI/NFPA 70 of the National Electrical 

25 Code); or 


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1 ‘‘(ii) decorative lighting strings, deco2 rative lighting outfits, or electric candles or 

3 candelabra without lamp shades that are 

4 covered by Underwriter Laboratories (UL) 

5 standard 588, ‘Seasonal and Holiday Dec6 orative Products’.’’. 

7 (b) COVERAGE.— 

8 (1) IN GENERAL.—Section 322(a) of the En9 ergy Policy and Conservation Act (42 U.S.C. 

10 6292(a)) is amended— 

11 (A) by redesignating paragraph (20) as 

12 paragraph (21); and 

13 (B) by inserting after paragraph (19) the 

14 following: 

15 ‘‘(20) Portable light fixtures.’’. 

16 (2) CONFORMING AMENDMENTS.—Section 

17 325(l) of the Energy Policy and Conservation Act 

18 (42 U.S.C. 6295(l)) is amended by striking ‘‘para19 graph (19)’’ each place it appears in paragraphs (1) 

20 and (2) and inserting ‘‘paragraph (21)’’. 

21 (c) TEST PROCEDURES.—Section 323(b) of the En22 ergy Policy and Conservation Act (42 U.S.C. 6293(b)) is 

23 amended by adding at the end the following: 

24 ‘‘(19) LED FIXTURES AND LED LIGHT EN25 GINES.—Test procedures for LED fixtures and LED 


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1 light engines shall be based on Illuminating Engi2 neering Society of North America test procedure 

3 LM–79, Approved Method for Electrical and Photo4 metric Testing of Solid-State Lighting Devices and 

5 an IES-approved test procedure for testing LED 

6 light engines.’’. 

7 (d) STANDARDS.—Section 325 of the Energy Policy 

8 and Conservation Act (42 U.S.C. 6295) is amended— 

9 (1) by redesignating subsection (ii) as sub10 section (kk); and 

11 (2) by inserting after subsection (hh) the fol12 lowing: 

13 ‘‘(ii) PORTABLE LIGHT FIXTURES.— 

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

15 and (3), portable light fixtures manufactured on or 

16 after January 1, 2012, shall meet 1 or more of the 

17 following requirements: 

18 ‘‘(A) Be a fluorescent light fixture that 

19 meets the requirements of the Energy Star Pro20 gram for Residential Light Fixtures, Version 

21 4.2. 

22 ‘‘(B) Be equipped with only 1 or more 

23 GU–24 line-voltage sockets, not be rated for 

24 use with incandescent lamps of any type (as de25 fined in ANSI standards), and meet the reVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 quirements of version 4.2 of the Energy Star 

2 program for residential light fixtures. 

3 ‘‘(C) Be an LED light fixture or a light 

4 fixture with an LED light engine and comply 

5 with the following minimum requirements: 

6 ‘‘(i) Minimum light output: 200 

7 lumens (initial). 

8 ‘‘(ii) Minimum LED light engine effi9 cacy: 40 lumens/watt installed in fixtures 

10 that meet the minimum light fixture effi11 cacy of 29 lumens/watt or, alternatively, a 

12 minimum LED light engine efficacy of 60 

13 lumens/watt for fixtures that do not meet 

14 the minimum light fixture efficacy of 29 

15 lumens/watt. 

16 ‘‘(iii) All portable fixtures shall have a 

17 minimum LED light fixture efficacy of 29 

18 lumens/watt and a minimum LED light 

19 engine efficacy of 60 lumens/watt by Janu20 ary 1, 2016. 

21 ‘‘(iv) Color Correlated Temperature 

22 (CCT): 2700K through 4000K. 

23 ‘‘(v) Minimum Color Rendering Index 

24 (CRI): 75. 


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1 ‘‘(vi) Power factor equal to or greater 

2 than 0.70. 

3 ‘‘(vii) Portable luminaries that have 

4 internal power supplies shall have zero 

5 standby power when the luminaire is 

6 turned off. 

7 ‘‘(viii) LED light sources shall deliver 

8 at least 70 percent of initial lumens for at 

9 least 25,000 hours. 

10 ‘‘(D)(i) Be equipped with an ANSI-des11 ignated E12, E17, or E26 screw-based socket 

12 and be prepackaged and sold together with 1 

13 screw-based compact fluorescent lamp or screw14 based LED lamp for each screw-based socket 

15 on the portable light fixture. 

16 ‘‘(ii) The compact fluorescent or LED 

17 lamps prepackaged with the light fixture shall 

18 be fully compatible with any light fixture con19 trols incorporated into the light fixture (for ex20 ample, light fixtures with dimmers shall be 

21 packed with dimmable lamps). 

22 ‘‘(iii) Compact fluorescent lamps pre23 packaged with light fixtures shall meet the re24 quirements of the Energy Star Program for 

25 CFLs Version 4.0. 


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1 ‘‘(iv) Screw-based LED lamps shall comply 

2 with the minimum requirements described in 

3 subparagraph (C). 

4 ‘‘(E) Be equipped with 1 or more single5 ended, non-screw based halogen lamp sockets 

6 (line or low voltage), a dimmer control or high7 low control, and be rated for a maximum of 100 

8 watts. 

9 ‘‘(2) REVIEW.— 

10 ‘‘(A) REVIEW.—The Secretary shall review 

11 the criteria and standards established under 

12 paragraph (1) to determine if revised standards 

13 are technologically feasible and economically 

14 justified. 

15 ‘‘(B) COMPONENTS.—The review shall in16 clude consideration of— 

17 ‘‘(i) whether a separate compliance 

18 procedure is still needed for halogen fix19 tures described in subparagraph (E) and, 

20 if necessary, what an appropriate standard 

21 for halogen fixtures shall be; 

22 ‘‘(ii) which of the specific technical 

23 criteria described in subparagraphs (A), 

24 (C), and (D)(iii) should be modified; and 


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1 ‘‘(iii) which fixtures should be exempt2 ed from the light fixture efficacy standard 

3 as of January 1, 2016, because the fix4 tures are primarily decorative in nature (as 

5 defined by the Secretary) and, even if ex6 empted, are likely to be sold in limited 

7 quantities. 

8 ‘‘(C) TIMING.— 

9 ‘‘(i) DETERMINATION.—Not later 

10 than January 1, 2014, the Secretary shall 

11 publish amended standards, or a deter12 mination that no amended standards are 

13 justified, under this subsection. 

14 ‘‘(ii) STANDARDS.—Any standards 

15 under this subsection take effect on Janu16 ary 1, 2016. 

17 ‘‘(3) ART WORK LIGHT FIXTURES.—Art work 

18 light fixtures manufactured on or after January 1, 

19 2012, shall— 

20 ‘‘(A) comply with paragraph (1); or 

21 ‘‘(B)(i) contain only ANSI-designated E12 

22 screw-based line-voltage sockets; 

23 ‘‘(ii) have not more than 3 sockets; 

24 ‘‘(iii) be controlled with an integral high/ 

25 low switch; 


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1 ‘‘(iv) be rated for not more than 25 watts 

2 if fitted with 1 socket; and 

3 ‘‘(v) be rated for not more than 15 watts 

4 per socket if fitted with 2 or 3 sockets. 

5 ‘‘(4) EXCEPTION FROM PREEMPTION.—Not6 withstanding section 327, Federal preemption shall 

7 not apply to a regulation concerning portable light 

8 fixtures adopted by the California Energy Commis9 sion on or before January 1, 2014.’’. 

10 SEC. 225. GU–24 BASE LAMPS. 

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

12 and Conservation Act (42 U.S.C. 6291) (as amended by 

13 section 224(a)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(72) GU–24.—The term ‘GU–24’ ’’ means the 

16 designation of a lamp socket, based on a coding sys17 tem by the International Electrotechnical Commis18 sion, under which— 

19 ‘‘(A) ‘G’ indicates a holder and socket type 

20 with 2 or more projecting contacts, such as pins 

21 or posts; 

22 ‘‘(B) ‘U’ distinguishes between lamp and 

23 holder designs of similar type that are not 

24 interchangeable due to electrical or mechanical 

25 requirements; and 


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1 ‘‘(C) 24 indicates the distance in millime2 ters between the electrical contact posts. 

3 ‘‘(73) GU–24 ADAPTOR.— 

4 ‘‘(A) IN GENERAL.—The term ‘GU–24 

5 Adaptor’ means a 1-piece device, pig-tail, wiring 

6 harness, or other such socket or base attach7 ment that— 

8 ‘‘(i) connects to a GU–24 socket on 1 

9 end and provides a different type of socket 

10 or connection on the other end; and 

11 ‘‘(ii) does not alter the voltage. 

12 ‘‘(B) EXCLUSION.—The term ‘GU–24 

13 Adaptor’ does not include a fluorescent ballast 

14 with a GU–24 base. 

15 ‘‘(74) GU–24 BASE LAMP.—‘GU–24 base lamp’ 

16 means a light bulb designed to fit in a GU–24 sock17 et.’’. 

18 (b) STANDARDS.—Section 325 of the Energy Policy 

19 and Conservation Act (42 U.S.C. 6295) (as amended by 

20 section 224(d)) is amended by inserting after subsection 

21 (ii) the following: 

22 ‘‘(jj) GU–24 BASE LAMPS.— 

23 ‘‘(1) IN GENERAL.—A GU–24 base lamp shall 

24 not be an incandescent lamp as defined by ANSI. 


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1 ‘‘(2) GU–24 ADAPTORS.—GU–24 adaptors shall 

2 not adapt a GU–24 socket to any other line voltage 

3 socket.’’. 

4 SEC. 226. STANDARDS FOR CERTAIN INCANDESCENT RE5 FLECTOR LAMPS AND REFLECTOR LAMPS. 

6 Section 325(i) of the Energy Policy and Conservation 

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

8 the following: 

9 ‘‘(9) CERTAIN INCANDESCENT REFLECTOR

10 LAMPS.— 

11 ‘‘(A) IN GENERAL.—Not later than July 1, 

12 2011, the Secretary shall publish a final rule 

13 establishing standards for incandescent reflector 

14 lamp types described in paragraph (1)(C). 

15 ‘‘(B) EFFECTIVE DATE.—The standards 

16 described in subparagraph (A) shall take effect 

17 on July 1, 2013. 

18 ‘‘(C) STANDARDS.—In conducting a rule19 making for incandescent reflector lamps under 

20 this paragraph after the date of enactment of 

21 this paragraph, the Secretary shall consider the 

22 standards for all incandescent reflector lamps, 

23 including lamp types described in paragraph 

24 (1)(C). 

25 ‘‘(10) REFLECTOR LAMPS.— 


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1 ‘‘(A) IN GENERAL.—Not later than Janu2 ary 1, 2015, the Secretary shall publish a final 

3 rule establishing and amending standards for 

4 reflector lamps, including incandescent reflector 

5 lamps. 

6 ‘‘(B) ADMINISTRATION.—In conducting 

7 the rulemaking for reflector lamps under this 

8 paragraph, the Secretary shall consider— 

9 ‘‘(i) incandescent and nonincandescent 

10 technologies; and 

11 ‘‘(ii) a new metric, other than lumens 

12 per watt, that is based on the photometric 

13 distribution of those lamps. 

14 ‘‘(C) EFFECTIVE DATE.—The standards 

15 described in subparagraph (A) shall take effect 

16 not earlier than the date that is 3 years after 

17 the date of publication of the final rule, as de18 termined by the Secretary.’’. 

19 SEC. 227. STANDARDS FOR COMMERCIAL FURNACES. 

20 Section 342(a) of the Energy Policy and Conserva21 tion Act (42 U.S.C. 6313(a)) is amended by adding at 

22 the end the following: 

23 ‘‘(11) Warm air furnaces with an input rating 

24 of 225,000 Btu per hour or more and manufactured 


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1 after January 1, 2011, shall meet the following 

2 standard levels: 

3 ‘‘(A) Gas-fired units shall— 

4 ‘‘(i) have a minimum combustion effi5 ciency of 80 percent; 

6 ‘‘(ii) include an interrupted or inter7 mittent ignition device; 

8 ‘‘(iii) have jacket losses not exceeding 

9 0.75 percent of the input rating; and 

10 ‘‘(iv) have power venting or a flue 

11 damper. 

12 ‘‘(B) Oil-fired units shall have— 

13 ‘‘(i) a minimum thermal efficiency of 

14 81 percent; 

15 ‘‘(ii) jacket losses not exceeding 0.75 

16 percent of the input rating; and 

17 ‘‘(iii) power venting or a flue damp18 er.’’. 

19 SEC. 228. MOTOR EFFICIENCY REBATE PROGRAM. 

20 (a) IN GENERAL.—Part C of title III of the Energy 

21 Policy and Conservation Act (42 U.S.C. 6311 et seq.) is 

22 amended by adding at the end the following: 

23 ‘‘SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—By not later than January 

25 1, 2010, in accordance with subsection (b), the Secretary 


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1 shall establish a program to provide rebates for expendi2 tures made by entities— 

3 ‘‘(1) for the purchase and installation of a new 

4 electric motor that has a nominal full load efficiency 

5 that is not less than the nominal full load efficiency 

6 as defined in— 

7 ‘‘(A) table 12–12 of NEMA Standards 

8 Publication MG 1–2006 for random wound mo9 tors rated 600 volts or lower; or 

10 ‘‘(B) table 12–13 of NEMA Standards 

11 Publication MG 1–2006 for form wound motors 

12 rated 5000 volts or lower; and 

13 ‘‘(2) to replace an installed motor of the entity 

14 the specifications of which are established by the 

15 Secretary by a date that is not later than 90 days 

16 after the date of enactment of this section. 

17 ‘‘(b) REQUIREMENTS.— 

18 ‘‘(1) APPLICATION.—To be eligible to receive a 

19 rebate under this section, an entity shall submit to 

20 the Secretary an application in such form, at such 

21 time, and containing such information as the Sec22 retary may require, including— 

23 ‘‘(A) demonstrated evidence that the entity 

24 purchased an electric motor described in subVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 section (a)(1) to replace an installed motor de2 scribed in subsection (a)(2); 

3 ‘‘(B) demonstrated evidence that the enti4 ty— 

5 ‘‘(i) removed the installed motor of 

6 the entity from service; and 

7 ‘‘(ii) properly disposed the installed 

8 motor of the entity; and 

9 ‘‘(C) the physical nameplate of the in10 stalled motor of the entity. 

11 ‘‘(2) AUTHORIZED AMOUNT OF REBATE.—The 

12 Secretary may provide to an entity that meets each 

13 requirement under paragraph (1) a rebate the 

14 amount of which shall be equal to the product ob15 tained by multiplying— 

16 ‘‘(A) the nameplate horsepower of the elec17 tric motor purchased by the entity in accord18 ance with subsection (a)(1); and 

19 ‘‘(B) $25.00. 

20 ‘‘(3) PAYMENTS TO DISTRIBUTORS OF QUALI21 FYING ELECTRIC MOTORS.—To assist in the pay22 ment for expenses relating to processing and motor 

23 core disposal costs, the Secretary shall provide to the 

24 distributor of an electric motor described in sub25 section (a)(1), the purchaser of which received a reVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 bate under this section, an amount equal to the 

2 product obtained by multiplying— 

3 ‘‘(A) the nameplate horsepower of the elec4 tric motor; and 

5 ‘‘(B) $5.00. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section, 

8 to remain available until expended— 

9 ‘‘(1) $80,000,000 for fiscal year 2010; 

10 ‘‘(2) $75,000,000 for fiscal year 2011; 

11 ‘‘(3) $70,000,000 for fiscal year 2012; 

12 ‘‘(4) $65,000,000 for fiscal year 2013; and 

13 ‘‘(5) $60,000,000 for fiscal year 2014.’’. 

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

15 the Energy Policy and Conservation Act (42 U.S.C. prec. 

16 6201) is amended by adding at the end of the items relat17 ing to part C of title III the following: 

‘‘Sec. 347. Motor efficiency rebate program.’’. 

18 SEC. 229. STUDY OF COMPLIANCE WITH ENERGY STAND19 ARDS FOR APPLIANCES. 

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

21 study of the degree of compliance with energy standards 

22 for appliances, including an investigation of compliance 

23 rates and options for improving compliance, including en24 forcement. 


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1 (b) REPORT.—Not later than 18 months after the 

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

3 to the appropriate committees of Congress a report de4 scribing the results of the study, including any rec5 ommendations. 

6 SEC. 230. STUDY OF DIRECT CURRENT ELECTRICITY SUP7 PLY IN CERTAIN BUILDINGS. 

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

9 study— 

10 (1) of the costs and benefits (including signifi11 cant energy efficiency, power quality, and other 

12 power grid, safety, and environmental benefits) of 

13 requiring high-quality, direct current electricity sup14 ply in certain buildings; and 

15 (2) to determine, if the requirement described 

16 in paragraph (1) is imposed, what the policy and 

17 role of the Federal Government should be in real18 izing those benefits. 

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

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

21 the appropriate committees of Congress a report describ22 ing the results of the study, including any recommenda23 tions. 


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1 SEC. 231. MOTOR MARKET ASSESSMENT AND COMMERCIAL 

2 AWARENESS PROGRAM. 

3 (a) FINDINGS.—Congress finds that— 

4 (1) electric motor systems account for about 

5 half of the electricity used in the United States; 

6 (2) electric motor energy use is determined by 

7 both the efficiency of the motor and the system in 

8 which the motor operates; 

9 (3) Federal Government research on motor end 

10 use and efficiency opportunities is more than a dec11 ade old; and 

12 (4) the Census Bureau has discontinued collec13 tion of data on motor and generator importation, 

14 manufacture, shipment, and sales. 

15 (b) DEFINITIONS.—In this section: 

16 (1) DEPARTMENT.—The term ‘‘Department’’ 

17 means the Department of Energy. 

18 (2) INTERESTED PARTIES.—The term ‘‘inter19 ested parties’’ includes— 

20 (A) trade associations; 

21 (B) motor manufacturers; 

22 (C) motor end users; 

23 (D) electric utilities; and 

24 (E) individuals and entities that conduct 

25 energy efficiency programs. 


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

2 the Secretary of Energy, in consultation with inter3 ested parties. 

4 (c) ASSESSMENT.—The Secretary shall conduct an 

5 assessment of electric motors and the electric motor mar6 ket in the United States that shall— 

7 (1) include important subsectors of the indus8 trial and commercial electric motor market (as de9 termined by the Secretary), including— 

10 (A) the stock of motors and motor-driven 

11 equipment; 

12 (B) efficiency categories of the motor pop13 ulation; and 

14 (C) motor systems that use drives, servos, 

15 and other control technologies; 

16 (2) characterize and estimate the opportunities 

17 for improvement in the energy efficiency of motor 

18 systems by market segment, including opportunities 

19 for— 

20 (A) expanded use of drives, servos, and 

21 other control technologies; 

22 (B) expanded use of process control, 

23 pumps, compressors, fans or blowers, and mate24 rial handling components; and 


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1 (C) substitution of existing motor designs 

2 with existing and future advanced motor de3 signs, including electronically commutated per4 manent magnet, interior permanent magnet, 

5 and switched reluctance motors; and 

6 (3) develop an updated profile of motor system 

7 purchase and maintenance practices, including sur8 veying the number of companies that have motor 

9 purchase and repair specifications, by company size, 

10 number of employees, and sales. 

11 (d) RECOMMENDATIONS; UPDATE.—Based on the as12 sessment conducted under subsection (c), the Secretary 

13 shall— 

14 (1) develop— 

15 (A) recommendations to update the de16 tailed motor profile on a periodic basis; 

17 (B) methods to estimate the energy sav18 ings and market penetration that is attributable 

19 to the Save Energy Now Program of the De20 partment; and 

21 (C) recommendations for the Director of 

22 the Census Bureau on market surveys that 

23 should be undertaken in support of the motor 

24 system activities of the Department; and 


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1 (2) prepare an update to the Motor Master+ 

2 program of the Department. 

3 (e) PROGRAM.—Based on the assessment, rec4 ommendations, and update required under subsections (c) 

5 and (d), the Secretary shall establish a proactive, national 

6 program targeted at motor end-users and delivered in co7 operation with interested parties to increase awareness 

8 of— 

9 (1) the energy and cost-saving opportunities in 

10 commercial and industrial facilities using higher effi11 ciency electric motors; 

12 (2) improvements in motor system procurement 

13 and management procedures in the selection of high14 er efficiency electric motors and motor-system com15 ponents, including drives, controls, and driven equip16 ment; and 

17 (3) criteria for making decisions for new, re18 placement, or repair motor and motor system com19 ponents. 

20 SEC. 232. STUDY REGARDING ENERGY SUPERSTAR CON21 CEPT. 

22 Section 324A of the Energy Policy and Conservation 

23 Act (42 U.S.C. 6294a) is amended by inserting after sub24 section (d) the following: 


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1 ‘‘(e) STUDY REGARDING ENERGY SUPERSTAR CON2 CEPT.— 

3 ‘‘(1) STUDY.— 

4 ‘‘(A) IN GENERAL.—As soon as practicable 

5 after the date of enactment of this subsection, 

6 in accordance with subparagraph (B), the Sec7 retary and the Administrator of the Environ8 mental Protection Agency (referred to in this 

9 subsection as the ‘heads of the Federal agencies 

10 concerned’) shall carry out jointly a study to 

11 determine the feasibility and advisability of add12 ing to the Energy Star program of the Environ13 mental Protection Agency and the Department 

14 of Energy a component to be known as the ‘En15 ergy Superstar tier’ under which— 

16 ‘‘(i) the tier would recognize the top17 performing products and buildings (which 

18 would include the top approximately 5 per19 cent of the market) that are determined to 

20 be products that are cost-effective to con21 sumers; and 

22 ‘‘(ii) at least a portion of the Energy 

23 Star product categories would be included 

24 under the tier. 


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1 ‘‘(B) REQUIREMENTS.—In carrying out 

2 the study under subparagraph (A), the heads of 

3 the Federal agencies concerned shall— 

4 ‘‘(i) examine the costs and benefits, 

5 and advantages and disadvantages, of es6 tablishing the Energy Superstar tier; 

7 ‘‘(ii) survey a sample of program par8 ticipants (including builders, manufactur9 ers, energy efficiency program operators, 

10 and other interested parties) to determine 

11 the opinions of the program participants 

12 regarding the potential usefulness of the 

13 Energy Superstar tier; and 

14 ‘‘(iii) conduct an examination to de15 termine whether the Energy Superstar tier 

16 will cause an undesirable dilution of the 

17 Energy Star brand. 

18 ‘‘(2) REPORT.—Not later than 1 year after the 

19 date of enactment of this subsection, the heads of 

20 the Federal agencies concerned shall jointly submit 

21 to the appropriate committees of Congress a report 

22 that contains each recommendation of the heads of 

23 the Federal agencies concerned regarding— 

24 ‘‘(A) whether the Energy Superstar tier 

25 should be established; and 


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1 ‘‘(B) if the heads of the Federal agencies 

2 concerned recommend the establishment of the 

3 Energy Superstar tier under subparagraph (A), 

4 a proposed schedule and budget for the estab5 lishment and implementation of the Energy Su6 perstar tier.’’. 

7 SEC. 233. TECHNICAL AMENDMENT. 

8 Section 343(a) of the Energy Policy and Conserva9 tion Act (42 U.S.C. 6314(a)) is amended by striking ‘‘Air10 Conditioning and Refrigeration Institute’’ each place it ap11 pears in paragraphs (4)(A) and (7) and inserting ‘‘Air12 Conditioning, Heating, and Refrigeration Institute’’. 

13 Subtitle C—Building Efficiency 

14 PART I—BUILDING CODES 

15 SEC. 241. GREATER ENERGY EFFICIENCY IN BUILDING 

16 CODES. 

17 (a) IN GENERAL.—Section 304 of the Energy Con18 servation and Production Act (42 U.S.C. 6833) is amend19 ed to read as follows: 

20 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI21 CIENCY CODES. 

22 ‘‘(a) UPDATING NATIONAL MODEL BUILDING EN23 ERGY CODES.— 

24 ‘‘(1) TARGETS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 support updating the national model building 

3 energy codes and standards at least every 3 

4 years to achieve overall energy savings, com5 pared to the 2006 IECC for residential build6 ings and ASHRAE Standard 90.1–2004 for 

7 commercial buildings, of at least— 

8 ‘‘(i) 30 percent in editions of each 

9 model code or standard released during or 

10 after 2010; and 

11 ‘‘(ii) 50 percent in editions of each 

12 model code or standard released during or 

13 after 2016. 

14 ‘‘(B) SPECIFIC YEARS.— 

15 ‘‘(i) IN GENERAL.—Targets for spe16 cific years shall be set by the Secretary at 

17 least 3 years in advance of each target 

18 year, coordinated with the IECC and 

19 ASHRAE Standard 90.1 cycles, at the 

20 maximum level of energy efficiency that is 

21 technologically feasible and life-cycle cost 

22 effective and on a path to achieving net23 zero-energy buildings. 

24 ‘‘(ii) DIFFERENT TARGET YEARS.— 

25 Subject to paragraph (2)(D), prior to 


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1 2013, the Secretary may set a different 

2 target year for 1 or both model codes de3 scribed in subparagraph (A) if the Sec4 retary determines that a 50 percent target 

5 cannot be met in 2016. 

6 ‘‘(C) TECHNICAL ASSISTANCE TO MODEL

7 CODE-SETTING AND STANDARD DEVELOPMENT

8 ORGANIZATIONS.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall, on a timely basis, provide technical 

11 assistance to model code-setting and stand12 ard development organizations. 

13 ‘‘(ii) ASSISTANCE.—The assistance 

14 shall include technical assistance as re15 quested by the organizations in— 

16 ‘‘(I) evaluating code or standards 

17 proposals or revisions; 

18 ‘‘(II) building energy analysis 

19 and design tools; 

20 ‘‘(III) building demonstrations; 

21 and 

22 ‘‘(IV) design assistance and 

23 training. 

24 ‘‘(D) AMENDMENT PROPOSALS.—The Sec25 retary shall submit code and standard amendVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 ment proposals, with supporting evidence, suffi2 cient to enable the national model building en3 ergy codes and standards to meet the targets 

4 established under subparagraph (A). 

5 ‘‘(2) REVISION OF BUILDING ENERGY USE

6 STANDARDS.— 

7 ‘‘(A) IN GENERAL.—If the provisions of 

8 the IECC or ASHRAE Standard 90.1 regard9 ing building energy use are revised, the Sec10 retary shall make a determination not later 

11 than 1 year after the date of the revision, on 

12 whether the revision will— 

13 ‘‘(i) improve energy efficiency in 

14 buildings; and 

15 ‘‘(ii) meet the targets under para16 graph (1). 

17 ‘‘(B) CODES OR STANDARDS NOT MEETING

18 TARGETS.— 

19 ‘‘(i) IN GENERAL.—If the Secretary 

20 makes a determination under subpara21 graph (A)(ii) that a code or standard does 

22 not meet the targets established under 

23 paragraph (1), not later than 1 year after 

24 the date of the determination, the Sec25 retary shall provide the model code or 


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1 standard developer with proposed changes 

2 that would result in a model code that 

3 meets the targets. 

4 ‘‘(ii) INCORPORATION OF CHANGES.— 

5 On receipt of the proposed changes, the 

6 model code or standard developer shall 

7 have an additional 180 days to incorporate 

8 the proposed changes into the model code 

9 or standard. 

10 ‘‘(iii) ESTABLISHMENT BY SEC11 RETARY.—If the proposed changes are not 

12 incorporated into the model code or stand13 ard, the Secretary shall establish a modi14 fied code or standard that meets the estab15 lished targets. 

16 ‘‘(iv) ADMINISTRATION.—Any code or 

17 standard modified under this subparagraph 

18 shall— 

19 ‘‘(I) achieve the maximum level 

20 of energy savings that is techno21 logically feasible and life-cycle cost-ef22 fective; 

23 ‘‘(II) be based on the latest edi24 tion of the IECC or ASHRAE Stand25 ard 90.1, including any subsequent 


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1 amendments, addenda, or additions, 

2 but may also consider other model 

3 codes or standards; and 

4 ‘‘(III) serve as the baseline for 

5 the next determination under sub6 paragraph (A)(i). 

7 ‘‘(C) CODES OR STANDARDS NOT UPDATED

8 FOR 3 YEARS.— 

9 ‘‘(i) IN GENERAL.—If a national 

10 model code or standard is not updated for 

11 more than 3 years, the Secretary shall, not 

12 later than 1 year after the date of the de13 termination, establish a modified code or 

14 standard that meets the targets. 

15 ‘‘(ii) REQUIREMENTS.—Any modified 

16 code or standard shall— 

17 ‘‘(I) achieve the maximum level 

18 of energy savings that is techno19 logically feasible and life-cycle cost-ef20 fective; 

21 ‘‘(II) be based on the latest revi22 sion of the IECC or ASHRAE Stand23 ard 90.1, including any amendments 

24 or additions to the code or standard, 


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1 but may also consider other model 

2 codes or standards; and 

3 ‘‘(III) serve as the baseline for 

4 the next determination under sub5 paragraph (A)(i). 

6 ‘‘(D) ADMINISTRATION.—The Secretary 

7 shall— 

8 ‘‘(i) provide an opportunity for public 

9 comment on targets, determinations, and 

10 modified codes and standards under this 

11 subsection; and 

12 ‘‘(ii) publish notice of targets, deter13 minations, and modified codes and stand14 ards under this subsection in the Federal 

15 Register. 

16 ‘‘(b) STATE CERTIFICATION OF BUILDING ENERGY

17 CODE UPDATES.— 

18 ‘‘(1) REVIEW AND UPDATING OF CODES BY

19 EACH STATE.— 

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

21 after the date of enactment of the American 

22 Clean Energy Leadership Act of 2009, each 

23 State shall certify to the Secretary whether or 

24 not the State has reviewed and updated the 

25 provisions of the residential and commercial 


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1 building codes of the State regarding energy ef2 ficiency. 

3 ‘‘(B) DEMONSTRATION.—The certification 

4 shall include a demonstration that the code pro5 visions of the State— 

6 ‘‘(i) meet or exceed the 2009 IECC 

7 for residential buildings and the ASHRAE 

8 Standard 90.1–2007 for commercial build9 ings; or 

10 ‘‘(ii) achieve equivalent or greater en11 ergy savings. 

12 ‘‘(2) REVIEW AND UPDATING OF CODES BASED

13 ON DETERMINATION OF SECRETARY.— 

14 ‘‘(A) DETERMINATION OF IMPROVEMENT

15 OF ENERGY EFFICIENCY IN BUILDINGS; MODI16 FIED CODES OR STANDARDS.— 

17 ‘‘(i) IN GENERAL.—If the Secretary 

18 makes an affirmative determination under 

19 subsection (a)(2)(A)(i) or establishes a 

20 modified code or standard under sub21 section (a)(2)(B), each State shall, not 

22 later than 2 years after the date of the de23 termination or establishment, certify 

24 whether or not the State has reviewed and 


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1 updated the provisions of the building code 

2 of the State regarding energy efficiency. 

3 ‘‘(ii) DEMONSTRATION.—The certifi4 cation shall include a demonstration that 

5 the code provisions of the State meet or 

6 exceed the revised code or standard, or 

7 achieve equivalent or greater energy sav8 ings. 

9 ‘‘(B) NO DETERMINATION OF IMPROVE10 MENT OF ENERGY EFFICIENCY IN BUILD11 INGS.—If the Secretary fails to make a deter12 mination under subsection (a)(2)(A)(i) by the 

13 date specified in subsection (a)(2), or makes a 

14 negative determination, each State shall not 

15 later than 2 years after the specified date or 

16 the date of the determination, certify whether 

17 or not the State has reviewed the revised code 

18 or standard, and updated the provisions of the 

19 building code of the State regarding energy effi20 ciency to meet or exceed any provisions found 

21 to improve energy efficiency in buildings, or to 

22 achieve equivalent or greater energy savings in 

23 other ways. 

24 ‘‘(c) STATE CERTIFICATION OF COMPLIANCE WITH

25 BUILDING CODES.— 


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1 ‘‘(1) REQUIREMENT.— 

2 ‘‘(A) IN GENERAL.—Not later than 3 years 

3 after the date of a certification under sub4 section (b), each State shall certify whether or 

5 not the State has— 

6 ‘‘(i) achieved compliance under para7 graph (3) with the certified State building 

8 energy code or with the associated model 

9 code or standard; or 

10 ‘‘(ii) made significant progress under 

11 paragraph (4) toward achieving compliance 

12 with the certified State building energy 

13 code or with the associated model code or 

14 standard. 

15 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

16 State certifies progress toward achieving com17 pliance, the State shall repeat the certification 

18 each year until the State certifies that the State 

19 has achieved compliance. 

20 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer21 tification under paragraph (1) shall include docu22 mentation of the rate of compliance based on— 

23 ‘‘(A) independent inspections of a random 

24 sample of the new and renovated buildings cov25 ered by the code in the preceding year; or 


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1 ‘‘(B) an alternative method that yields an 

2 accurate measure of compliance. 

3 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.— 

4 ‘‘(A) IN GENERAL.—A State shall be con5 sidered to achieve compliance under paragraph 

6 (1) if— 

7 ‘‘(i) at least 90 percent of new and 

8 renovated building space covered by the 

9 code in the preceding year substantially 

10 meets all the requirements of the code re11 garding energy efficiency, or achieves an 

12 equivalent energy savings level; or 

13 ‘‘(ii) the estimated excess energy use 

14 of new and renovated buildings that did 

15 not meet the code in the preceding year, 

16 compared to a baseline of comparable 

17 buildings that meet the code, is not more 

18 than 5 percent of the estimated energy use 

19 of all new and renovated buildings covered 

20 by the code during the preceding year. 

21 ‘‘(B) RENOVATED BUILDINGS.—If the Sec22 retary determines that the percentage targets 

23 under subparagraph (A) are not reasonably 

24 achievable for renovated residential or commer25 cial buildings, the Secretary may reduce the 


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1 targets for the renovated buildings to the high2 est achievable level. 

3 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

4 ACHIEVEMENT OF COMPLIANCE.— 

5 ‘‘(A) IN GENERAL.—A State shall be con6 sidered to have made significant progress to7 ward achieving compliance for purposes of para8 graph (1) if the State— 

9 ‘‘(i) has developed and is imple10 menting a plan for achieving compliance 

11 within 8 years, assuming continued ade12 quate funding, including active training 

13 and enforcement programs; 

14 ‘‘(ii) after 1 or more years of ade15 quate funding, has demonstrated progress, 

16 in conformance with the plan described in 

17 clause (i), toward compliance; 

18 ‘‘(iii) after 5 or more years of ade19 quate funding, meets the requirements of 

20 paragraph (3) if ‘80 percent’ is substituted 

21 for ‘90 percent’ or ‘10 percent’ is sub22 stituted for ‘5 percent’; and 

23 ‘‘(iv) has not had more than 8 years 

24 of adequate funding. 


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1 ‘‘(B) ADEQUATE FUNDING.—For purposes 

2 of this paragraph, funding shall be considered 

3 adequate if the Federal Government provides to 

4 the States at least $50,000,000 for a fiscal year 

5 in funding and support for development and im6 plementation of State building energy codes, in7 cluding for training and enforcement. 

8 ‘‘(C) TECHNICAL ASSISTANCE TO

9 STATES.—The Secretary shall provide technical 

10 assistance to States to implement the require11 ments of this section, including procedures for 

12 States— 

13 ‘‘(i) to demonstrate that the code pro14 visions of the States achieve equivalent or 

15 greater energy savings than the national 

16 model codes and standards; and 

17 ‘‘(ii) to improve and implement State 

18 residential and commercial building energy 

19 efficiency codes or to otherwise promote 

20 the design and construction of energy effi21 cient buildings. 

22 ‘‘(D) VOLUNTARY ADVANCED CODES.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall support the development of voluntary 

25 advanced model codes and standards for 


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1 residential and commercial buildings that 

2 achieve energy savings of at least 30 per3 cent compared to the national model build4 ing codes and standards. 

5 ‘‘(ii) UPDATES.—The voluntary ad6 vanced model codes and standards shall be 

7 updated at least once every 3 years, for 

8 use in— 

9 ‘‘(I) green building design; 

10 ‘‘(II) voluntary and market 

11 transformation programs; 

12 ‘‘(III) incentive criteria; and 

13 ‘‘(IV) voluntary adoption by 

14 States. 

15 ‘‘(iii) PREFERENCE.—In carrying out 

16 this subparagraph, the Secretary shall give 

17 preference to voluntary advanced model 

18 codes and standards developed by the 

19 International Code Council and by 

20 ASHRAE. 

21 ‘‘(d) FAILURE TO MEET DEADLINES.— 

22 ‘‘(1) IN GENERAL.—A State that has not made 

23 a certification required under subsection (b) or (c) 

24 by the applicable deadline shall submit to the Sec25 retary a report on— 


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1 ‘‘(A) the status of the State with respect 

2 to meeting the requirements and submitting the 

3 certification; and 

4 ‘‘(B) a plan for meeting the requirements 

5 and submitting the certification. 

6 ‘‘(2) NONACCEPTANCE OF CERTIFICATION.— 

7 Any State for which the Secretary has not accepted 

8 a certification by a deadline under subsection (b) or 

9 (c) shall be considered out of compliance with this 

10 section. 

11 ‘‘(3) LOCAL GOVERNMENT.—In any State that 

12 is out of compliance with this section, a local govern13 ment may be considered in compliance with this sec14 tion by meeting the certification requirements under 

15 subsections (b) and (c). 

16 ‘‘(4) ANNUAL REPORTS BY SECRETARY.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 annually submit to Congress, and publish in the 

19 Federal Register, a report on— 

20 ‘‘(i) the status of national model 

21 building energy codes and standards; 

22 ‘‘(ii) the status of code adoption and 

23 compliance in the States; and 

24 ‘‘(iii) implementation of this section. 


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1 ‘‘(B) IMPACTS.—The report shall include 

2 estimates of impacts of past action under this 

3 section, and potential impacts of further action, 

4 on lifetime energy use by buildings and result5 ing energy costs to individuals and businesses. 

6 ‘‘(e) AVAILABILITY OF INCENTIVE FUNDING.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) REQUIREMENT.—The Secretary shall 

9 provide incentive funding to States to imple10 ment the requirements of this section, and to 

11 improve and implement State residential and 

12 commercial building energy efficiency codes, in13 cluding increasing and verifying compliance 

14 with the codes. 

15 ‘‘(B) STATE ACTIONS.—In determining 

16 whether, and in what amount, to provide incen17 tive funding under this subsection, the Sec18 retary shall consider the actions proposed by 

19 the State— 

20 ‘‘(i) to implement the requirements of 

21 this section; 

22 ‘‘(ii) to improve and implement resi23 dential and commercial building energy ef24 ficiency codes; and 


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1 ‘‘(iii) to promote building energy effi2 ciency through the use of the codes. 

3 ‘‘(2) ADDITIONAL FUNDING.—Additional fund4 ing shall be provided under this subsection for im5 plementation of a plan to achieve and document at 

6 least a 90 percent rate of compliance with residential 

7 and commercial building energy efficiency codes, 

8 based on energy performance— 

9 ‘‘(A) to a State that has adopted and is 

10 implementing, on a Statewide basis— 

11 ‘‘(i) a residential building energy effi12 ciency code that meets or exceeds the re13 quirements of the 2009 IECC, or any suc14 ceeding version of that code that has re15 ceived an affirmative determination from 

16 the Secretary under subsection 

17 (a)(2)(A)(i); and 

18 ‘‘(ii) a commercial building energy ef19 ficiency code that meets or exceeds the re20 quirements of the ASHRAE Standard 

21 90.1–2007, or any succeeding version of 

22 that standard that has received an affirma23 tive determination from the Secretary 

24 under subsection (a)(2)(A)(i); or 


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1 ‘‘(B) in a State in which there is no State2 wide energy code for either residential buildings 

3 or commercial buildings, or in which State 

4 codes fail to comply with subparagraph (A), to 

5 a local government that has adopted and is im6 plementing residential and commercial building 

7 energy efficiency codes, as described in subpara8 graph (A). 

9 ‘‘(3) TRAINING.—Of the amounts made avail10 able under this subsection, the State may use 

11 amounts required, but not to exceed $500,000 for a 

12 State, to train State and local building code officials 

13 to implement and enforce codes described in para14 graph (2). 

15 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this subsection— 

18 ‘‘(A) $100,000,000 for each of fiscal years 

19 2009 through 2013; and 

20 ‘‘(B) such sums as are necessary for fiscal 

21 year 2014 and each fiscal year thereafter.’’. 

22 (b) DEFINITION OF IECC.—Section 303 of the En23 ergy Conservation and Production Act (42 U.S.C. 6832) 

24 is amended by adding at the end the following: 


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1 ‘‘(17) IECC.—The term ‘IECC’ means the 

2 International Energy Conservation Code.’’. 

3 SEC. 242. MULTIFAMILY AND MANUFACTURED HOUSING 

4 ENERGY EFFICIENCY GRANT PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means a State or local government agency or 

8 nonprofit organization that implements energy effi9 ciency programs to increase energy efficiency in mul10 tifamily buildings or manufactured housing. 

11 (2) ENERGY EFFICIENCY PROGRAM.—The term 

12 ‘‘energy efficiency program’’ means a program de13 signed to increase energy efficiency in multifamily 

14 buildings and manufactured housing through finan15 cial incentives, building renovation and construction, 

16 appliance retrofits, or other means, as determined by 

17 an eligible entity. 

18 (3) ENERGY STAR PROGRAM.—The term ‘‘En19 ergy Star program’’ means the program established 

20 by section 324A of the Energy Policy and Conserva21 tion Act (42 U.S.C. 6294a). 

22 (4) MANUFACTURED HOUSING.—The term 

23 ‘‘manufactured housing’’ means a manufactured 

24 home (as defined in section 603 of the National 


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1 Manufactured Housing Construction and Safety 

2 Standards Act of 1974 (42 U.S.C. 5402)). 

3 (5) MULTIFAMILY BUILDING.—The term ‘‘mul4 tifamily building’’ means a structure with 5 or more 

5 dwelling units. 

6 (6) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Energy. 

8 (b) ESTABLISHMENT.—The Secretary shall establish 

9 a program, to be known as the ‘‘Multifamily and Manufac10 tured Housing Energy Efficiency Grant Program’’, under 

11 which the Secretary shall provide grants to eligible entities 

12 to carry out energy efficiency programs in accordance with 

13 this section. 

14 (c) PURPOSE.—The purpose of the program estab15 lished under this section is to provide financial assistance 

16 to eligible entities to carry out energy efficiency programs 

17 to increase energy efficiency in multifamily buildings and 

18 manufactured housing in a manner that— 

19 (1) demonstrates an innovative approach to en20 ergy efficiency; 

21 (2) maximizes the cost effectiveness of Federal 

22 and non-Federal expenditures; 

23 (3) maximizes energy efficiency potential for re24 cipients; 


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1 (4) prioritizes recipients with the greatest fi2 nancial need; 

3 (5) prioritizes efficiency programs with high lev4 els of matching funds; 

5 (6) maintains geographical diversity in allo6 cating grants; and 

7 (7) is replicable. 

8 (d) GRANTS.—The Secretary shall make grants to el9 igible entities to implement energy efficiency program 

10 under this section through— 

11 (1) in the case of multifamily buildings— 

12 (A) renovation of multifamily buildings; 

13 and 

14 (B) encouragement and recommendations 

15 for replacement of appliances, equipment, and 

16 systems with low energy efficiency with appli17 ances, equipment, and systems that meet cri18 teria established under the Energy Star pro19 gram; 

20 (2) in the case of manufactured housing, re21 bates to owners of manufactured housing con22 structed before calendar year 1976 to assist the 

23 owners in replacing the manufactured housing with 

24 manufactured housing that meets criteria estab25 lished under the Energy Star program; and 


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1 (3) other innovative approaches, as determined 

2 by the eligible entities and approved by the Sec3 retary. 

4 (e) ADMINISTRATION.—An eligible entity that re5 ceives a grant under this section shall— 

6 (1) maintain such records and evidence of com7 pliance as the Secretary may require; 

8 (2) develop and distribute information and ma9 terials and conduct programs to provide technical 

10 services and assistance to encourage planning, fi11 nancing, and design of energy-efficient multifamily 

12 buildings or manufactured housing; and 

13 (3) report publicly the results of a project con14 ducted under this section to enable other eligible en15 tities to learn from each project. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

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

19 SEC. 243. BUILDING TRAINING AND ASSESSMENT CENTERS. 

20 (a) IN GENERAL.—The Secretary of Energy shall 

21 provide grants to institutions of higher education (as de22 fined in section 101 of the Higher Education Act of 1965 

23 (20 U.S.C. 1001)) to establish building training and as24 sessment centers— 


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1 (1) to identify opportunities for optimizing en2 ergy efficiency and environmental performance in 

3 buildings; 

4 (2) to promote the application of emerging con5 cepts and technologies in commercial and institu6 tional buildings; 

7 (3) to train engineers, architects, building sci8 entists, building energy permitting and enforcement 

9 officials, and building technicians in energy-efficient 

10 design and operation; 

11 (4) to assist institutions of higher education in 

12 training building technicians; 

13 (5) to promote research and development for 

14 the use of alternative energy sources to supply heat 

15 and power for buildings, particularly energy-inten16 sive buildings; and 

17 (6) to coordinate with and assist State-accred18 ited technical training centers, community colleges, 

19 and local offices of the National Institute of Food 

20 and Agriculture and ensure appropriate services are 

21 provided under this section to each region of the 

22 United States. 

23 (b) COORDINATION AND NONDUPLICATION.— 

24 (1) IN GENERAL.—The Secretary shall coordi25 nate the program with the Industrial Assessment 


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1 Centers program established under this Act and with 

2 other Federal programs to avoid duplication of ef3 fort. 

4 (2) COLLOCATION.—To the maximum extent 

5 practicable, building, training, and assessment cen6 ters established under this section shall be collocated 

7 with Industrial Assessment Centers. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as are nec10 essary to carry out this section. 

11 PART II—WEATHERIZATION ASSISTANCE FOR 

12 LOW-INCOME PERSONS 

13 SEC. 251. WEATHERIZATION ASSISTANCE FOR LOW-INCOME 

14 PERSONS. 

15 Section 422 of the Energy Conservation and Produc16 tion Act (42 U.S.C. 6872) is amended— 

17 (1) in paragraph (4), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (5), by striking the double pe20 riods at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(6) $1,700,000,000 for each of fiscal years 

23 2011 through 2015.’’. 


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1 PART III—STATE ENERGY PROGRAM 

2 SEC. 255. STATE ENERGY PROGRAM. 

3 Section 365 of the Energy Policy and Conservation 

4 Act (42 U.S.C. 6325) is amended by striking subsection 

5 (f) and inserting the following: 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary to carry 

8 out this part $250,000,000 for each of fiscal years 2011 

9 through 2015, to remain available until expended.’’. 

10 PART IV—STATE ENERGY EFFICIENCY GRANTS 

11 PROGRAM 

12 SEC. 261. DEFINITIONS. 

13 In this part: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency, acting in consultation 

17 with the Secretary. 

18 (2) ANSI.—The term ‘‘ANSI’’ means the 

19 American National Standards Institute. 

20 (3) ASHRAE.—The term ‘‘ASHRAE’’ means 

21 the American Society of Heating, Refrigerating and 

22 Air Conditioning Engineers. 

23 (4) BUILDING ENERGY CODE POLICY.—The 

24 term ‘‘building energy code policy’’ means a policy 

25 that provides— 


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1 (A) a building energy code for residential 

2 buildings throughout a State that meets or ex3 ceeds the 2009 International Energy Conserva4 tion Code; 

5 (B) a building energy code for commercial 

6 buildings throughout the State that meets or 

7 exceeds the ANSI/ASHRAE/IES Standard 90.1 

8 (2007); and 

9 (C) a plan for the jurisdiction achieving 

10 compliance with subparagraphs (A) and (B) not 

11 later than 8 years after the date of enactment 

12 of this Act in at least 90 percent of new and 

13 renovated residential and commercial building 

14 space, including compliance through— 

15 (i) active training and enforcement 

16 programs; and 

17 (ii) measurement of the rate of com18 pliance each year. 

19 (5) COMMERCIAL BUILDING.—The term ‘‘com20 mercial building’’ means a building that is— 

21 (A) covered by ASHRAE/IES Standard 

22 90.1 (2007); 

23 (B) located in the United States; and 

24 (C) constructed before the date of enact25 ment of this Act. 


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1 (6) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ means any individual, entity, or State agen3 cy that distributes electricity directly to retail con4 sumers pursuant to a legal, regulatory, or contrac5 tual obligation. 

6 (7) ENERGY EFFICIENCY MEASURE.—The term 

7 ‘‘energy efficiency measure’’ means an installed 

8 measure (including products, equipment, systems, 

9 services, and practices) that result in reductions in 

10 end-use demand for externally supplied energy, or 

11 fuel, by a consumer, facility, or user. 

12 (8) HOME.—The term ‘‘home’’ means a prin13 cipal residential dwelling unit that is— 

14 (A) located in the United States; and 

15 (B) constructed before the date of enact16 ment of this Act. 

17 (9) IESNA.—The term ‘‘IESNA’’ means the Il18 luminating Engineering Society of North America. 

19 (10) NATURAL GAS UTILITY.—The term ‘‘nat20 ural gas utility’’ means any individual, entity, or 

21 State agency engaged in the local distribution of 

22 natural gas to any ultimate consumer of natural gas. 

23 (11) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Energy, acting in consulta25 tion with the Administrator. 


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1 (12) STATE.—The term ‘‘State’’ means— 

2 (A) a State; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 (D) Guam; 

6 (E) American Samoa; and 

7 (F) the United States Virgin Islands. 

8 SEC. 262. STATE ENERGY EFFICIENCY RETROFIT PRO9 GRAMS. 

10 (a) IN GENERAL.—The Secretary shall make grants 

11 to States to carry out energy efficiency retrofit programs 

12 in accordance with this section. 

13 (b) GRANT AWARDS.—The Secretary shall apply per14 formance-based criteria in awarding grants to States 

15 under this section, which shall give priority for funding 

16 of energy efficiency retrofit programs based on— 

17 (1) the cost-effectiveness of the energy effi18 ciency programs; 

19 (2) the number and quality of jobs created; 

20 (3) the quantity of energy and water saved; 

21 (4) the development of an effective plan for 

22 evaluation, measurement, and verification of energy 

23 savings; 

24 (5) the inclusion of measures— 

25 (A) to reach underserved populations; 


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1 (B) to provide for independent evaluation 

2 and adequate incentives for successful program 

3 management; and 

4 (C) to leverage private sector funds and 

5 use innovative financing methods to implement 

6 more comprehensive energy efficiency projects, 

7 including the methods described in section 266; 

8 (6) the effective use of grant funds provided 

9 under the American Recovery and Reinvestment Act 

10 of 2009 (Public Law 111–5); and 

11 (7) progress on the adoption and implementa12 tion of the building energy code policies. 

13 (c) IMPLEMENTATION.—A State that receives a grant 

14 to carry out an energy efficiency program under this sec15 tion may implement the program through the State or a 

16 third party designated by the State, including an energy 

17 service company, an electric utility, a natural gas utility, 

18 a third party administrator designated by the State, or 

19 a unit of local government. 

20 (d) HOME EFFICIENCY RETROFITS PROGRAM.— 

21 (1) IN GENERAL.—A State may use a grant 

22 provided under this section to provide a grant to an 

23 owner of a home for an energy efficiency retrofit of 

24 the home, on completion of the retrofit, if the ret25 rofit is carried out in accordance with— 


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1 (A) the prescriptive option described in 

2 paragraph (2); or 

3 (B) the performance-based option de4 scribed in paragraph (3). 

5 (2) PRESCRIPTIVE OPTION.— 

6 (A) IN GENERAL.—A grant provided for 

7 the energy retrofit of a home under the pre8 scriptive option described in this paragraph 

9 shall be made for achieving energy savings from 

10 measures— 

11 (i) selected from a prescriptive list es12 tablished under subparagraph (B); and 

13 (ii) installed in the home. 

14 (B) LIST.—Not later than 90 days after 

15 the date of enactment of this Act, the Secretary 

16 shall establish a list of combinations of energy 

17 savings measures that can be implemented by 

18 the owner of a home to save at least— 

19 (i) 10 percent on whole home energy 

20 consumption; and 

21 (ii) 20 percent on whole home energy 

22 consumption. 

23 (C) AMOUNT OF GRANT.—Subject to sub24 paragraph (E)(ii), the amount of a grant proVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 vided to the owner of a home under this para2 graph shall be— 

3 (i) $1,000 for energy savings of 10 

4 percent described in subparagraph (B)(i); 

5 and 

6 (ii) $2,000 for energy savings of not 

7 less than 20 percent, but not more than 50 

8 percent, described in subparagraph (B)(ii). 

9 (D) VERIFICATION.—To be eligible for a 

10 grant for the energy retrofit of a home in a 

11 State under this paragraph, the owner of a 

12 home shall submit to the State a certification 

13 by the contractor or installer that carried out 

14 the retrofit that the measures undertaken for 

15 the retrofit— 

16 (i) are described on the list estab17 lished under subparagraph (B); and 

18 (ii) were installed properly. 

19 (E) ADMINISTRATION.—The Secretary 

20 may— 

21 (i) discontinue the prescriptive option 

22 established under this paragraph at any 

23 time after the date that is 1 year after the 

24 date of enactment of this Act; and 


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1 (ii) adjust the amount of grants pro2 vided under this paragraph. 

3 (3) PERFORMANCE-BASED OPTION.— 

4 (A) IN GENERAL.—A grant provided for 

5 the energy retrofit of a home under the per6 formance-based option described in this para7 graph shall be made for retrofits that achieve 

8 whole home energy savings. 

9 (B) AMOUNT OF GRANT.—Subject to sub10 paragraph (E), the amount of a grant provided 

11 to the owner of a home under this paragraph 

12 shall be— 

13 (i) $3,000 for a 20-percent reduction 

14 in whole home energy consumption; and 

15 (ii) an additional $150 for each addi16 tional 1-percent reduction up to the lower 

17 of— 

18 (I) $12,000; or 

19 (II) 50 percent of the total ret20 rofit cost. 

21 (C) ENERGY SAVINGS.— 

22 (i) IN GENERAL.—Energy savings 

23 under this paragraph shall be determined 

24 by a comparison of the energy consumpVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 tion of the home before the retrofit to the 

2 consumption of the home after the retrofit. 

3 (ii) DOCUMENTATION.—The percent 

4 improvement in energy consumption under 

5 this paragraph shall be documented 

6 through— 

7 (I) the use of whole home simula8 tion software programs approved by 

9 the Administrator; or 

10 (II) a comparison of the dif11 ference before and after the retrofit as 

12 measured by home energy ratings on 

13 the Home Energy Rating System 

14 Index as specified in the Residential 

15 Energy Services Network Publication 

16 No. 06–001 (or a successor publica17 tion). 

18 (D) VERIFICATION.— 

19 (i) IN GENERAL.—Subject to clause 

20 (ii), the Administrator shall ensure that at 

21 least 15 percent of the retrofits performed 

22 under this paragraph are randomly subject 

23 to a third party verification of all work as24 sociated with the retrofit. 


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1 (ii) ADJUSTMENT.—On or after the 

2 date that is 1 year after the date of enact3 ment of this Act, the Administrator may 

4 adjust the percentage specified under 

5 clause (i) based on program experience. 

6 (iii) CONTRACTOR CERTIFICATION.— 

7 Subject to clause (iv), the Administrator— 

8 (I) shall determine the level of 

9 contractor certification appropriate 

10 for retrofits performed under this 

11 paragraph; and 

12 (II) may adjust the level in re13 sponse to program data. 

14 (iv) ADVANCED CONTRACTOR CERTIFI15 CATIONS.—The Secretary may develop an 

16 additional incentive for advanced con17 tractor certifications under clause (iii). 

18 (E) ADMINISTRATION.—On or after the 

19 date that is 1 year after the date of enactment 

20 of this Act, the Secretary may adjust the grant 

21 amounts provided under this paragraph based 

22 on program data. 

23 (e) COMMERCIAL BUILDINGS EFFICIENCY RETRO24 FITS PROGRAM.— 


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1 (1) IN GENERAL.—A State may use a grant 

2 provided under this section to provide incentives for 

3 energy efficiency retrofits to the owner of 1 or more 

4 commercial buildings, including submetered areas or 

5 individual tenant spaces within a commercial build6 ing or an aggregation of commercial buildings. 

7 (2) ENERGY SAVINGS.— 

8 (A) IN GENERAL.—A State may provide 

9 incentives to the owner of 1 or more commercial 

10 buildings for energy efficiency retrofits under 

11 this subsection if the retrofits improve energy 

12 performance by at least 20 percent compared to 

13 energy consumption during the previous year of 

14 the 1 or more commercial buildings, while ad15 justing for other relevant factors including 

16 changes in occupancy loads and process energy. 

17 (B) BENCHMARKING TOOL.—The energy 

18 savings shall be determined by using an estab19 lished energy benchmarking tool designated by 

20 the Administrator. 

21 (3) INCENTIVES.— 

22 (A) IN GENERAL.—The Secretary shall es23 tablish the amount and form of the incentives 

24 provided under this subsection in a manner that 

25 encourages implementation of retrofits that 


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1 achieve the largest and most durable improve2 ments in energy performance. 

3 (B) AMOUNT.— 

4 (i) IN GENERAL.—Subject to clause 

5 (ii), the amount of the incentives provided 

6 under this subsection shall be equal to— 

7 (I) $0.15 per square foot of ret8 rofit floor area for 20 to 24 percent 

9 savings; 

10 (II) $0.75 per square foot of ret11 rofit floor area for 25 to 29 percent 

12 savings; 

13 (III) $1.20 per square foot of 

14 retrofit floor area for 30 to 34 percent 

15 savings; 

16 (IV) $1.60 per square foot of ret17 rofit floor area for 35 to 39 percent 

18 savings; 

19 (V) $2.05 per square foot of ret20 rofit floor area for 40 to 44 percent 

21 savings; 

22 (VI) $2.50 per square foot of ret23 rofit floor area for 45 to 49 percent 

24 savings; and 


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1 (VII) $3.00 per square foot of 

2 retrofit floor area for 50 or more per3 cent savings. 

4 (ii) MODIFICATION.—The Secretary 

5 may modify the amount and form of incen6 tives provided under this subsection based 

7 on data gathered during program imple8 mentation, including the development of 

9 incentives for particular building types. 

10 (C) TIMING.— 

11 (i) PAYMENT ON COMPLETION.—On 

12 the completion of the energy retrofit of 1 

13 or more commercial buildings and the 

14 verification of at least a 20-percent energy 

15 savings from the retrofit, the State shall 

16 provide to the owner or agent of the 1 or 

17 more commercial buildings 60 percent of 

18 the qualified incentive amount for the ret19 rofit determined under subparagraph (B). 

20 (ii) REMAINING PAYMENTS.—During 

21 the 3-year period beginning on the date of 

22 the initial payment under clause (i), the 

23 State shall provide to the owner or agent 

24 of the commercial building the remaining 

25 40 percent of the qualified incentive 


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1 amount for the retrofit determined under 

2 subparagraph (B) for any energy savings 

3 of 20 percent or more, with the amount 

4 awarded proportionate to the level of sus5 tained performance improvement. 

6 (iii) MINIMUM IMPROVEMENTS.—No 

7 incentives shall be provided under this sub8 section for sustained performance improve9 ments of less than 20 percent, as deter10 mined by annual audits. 

11 (iv) DISCLOSURE.—The Secretary 

12 may require such information as is nec13 essary to determine energy performance 

14 under this subsection. 

15 (f) HISTORIC BUILDINGS.—Notwithstanding sub16 sections (d) and (e), a building that is eligible for or listed 

17 in the National Register of Historic Places shall be eligible 

18 for incentives under this section in amounts of up to 120 

19 percent of the applicable amounts described in subsections 

20 (d) and (e). 

21 (g) REPORT.— 

22 (1) IN GENERAL.—Not later than 300 days 

23 after the date that the Secretary initially provides 

24 funds to a State under this section, the State shall 


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1 submit to the Secretary a report on the use of the 

2 funds. 

3 (2) CONTENTS.—The report shall include a de4 scription of— 

5 (A) the measured and verified energy sav6 ings produced under this section; 

7 (B) the projected energy savings under 

8 this section during the subsequent 1-year pe9 riod; 

10 (C) the specific entities implementing the 

11 energy efficiency programs; 

12 (D) the beneficiaries who received the effi13 ciency improvements; 

14 (E) the manner in which funds provided 

15 under this section were used; 

16 (F) the sources (such as mortgage lenders, 

17 utility companies, and local governments) and 

18 types of financing used by the beneficiaries to 

19 finance the retrofit expenses that were not cov20 ered by grants provided in this part; 

21 (G) the direct and indirect employment 

22 created as a result of the programs supported 

23 by the funds; 

24 (H) the results of verification require25 ments; and 


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1 (I) any other information the Secretary 

2 considers appropriate. 

3 (3) NONCOMPLIANCE.—If the Secretary deter4 mines that a State has not provided the information 

5 required under this subsection, the Secretary shall 

6 provide to the State a period of at least 90 days to 

7 provide any necessary information. 

8 SEC. 263. ADMINISTRATIVE AND TECHNICAL SUPPORT. 

9 Subject to section 265(b)(2), not later than 90 days 

10 after the date of enactment of this Act, the Secretary may 

11 provide such administrative and technical support to 

12 States as is necessary to carry out this part. 

13 SEC. 264. REGULATIONS. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary shall promulgate such regula16 tions as are necessary to carry out this part. 

17 SEC. 265. FUNDING. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated such sums as are necessary to carry out this part 

20 for each of fiscal years 2010 through 2015. 

21 (b) USE.—Funds provided for a fiscal year under 

22 subsection (a) shall be allocated as follows: 

23 (1) In the case of State energy efficiency grants 

24 programs under section 262: 


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1 (A) 45 percent for the home efficiency ret2 rofits program under section 262(d). 

3 (B) 45 percent for the commercial build4 ings efficiency retrofits program under section 

5 262(e). 

6 (C) 10 percent to provide administrative 

7 and technical support to the States to carry out 

8 this part. 

9 (c) LIMITATION ON THE USE OF FUNDS.—A State 

10 shall use not more than— 

11 (1) 10 percent of the funds provided for a fiscal 

12 year under this part for administration of programs 

13 under this part; and 

14 (2) 5 percent of the funds provided for a fiscal 

15 year under part for measurement and verification. 

16 SEC. 266. HOME ENERGY RETROFIT FINANCE PROGRAM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELIGIBLE PARTICIPANT.—The term ‘‘eligi19 ble participant’’ means a homeowner, apartment 

20 complex owner, residential cooperative association, 

21 or condominium association that finances energy ef22 ficiency improvements to homes and residential 

23 buildings under this section. 


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1 (2) PROGRAM.—The term ‘‘program’’ means 

2 the Home Energy Retrofit Finance Program estab3 lished under subsection (b). 

4 (3) QUALIFIED PROGRAM DELIVERY ENTITY.— 

5 The term ‘‘qualified program delivery entity’’ means 

6 a local government, energy utility, or any other enti7 ty designated by the Secretary that administers the 

8 program for a State under this section. 

9 (b) ESTABLISHMENT.—The Secretary shall provide 

10 Home Energy Retrofit Finance Program grants to States 

11 for the purpose of establishing or expanding a State re12 volving finance fund to support financing offered by quali13 fied program delivery entities for energy efficiency meas14 ures and renewable energy improvements to existing 

15 homes and residential buildings (including apartment 

16 complexes, residential cooperative associations, and condo17 minium buildings under 5 stories). 

18 (c) FUNDING MECHANISM.—In carrying out the pro19 gram, the Secretary shall provide funds to States, for use 

20 by qualified program delivery entities that administer fi21 nance programs directly or under agreements with collabo22 rating third party entities, to capitalize revolving finance 

23 funds and increase participation in associated financing 

24 programs. 


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1 (d) ELIGIBILITY OF QUALIFIED PROGRAM DELIVERY

2 ENTITIES.—To be eligible to participate in the program, 

3 a qualified program delivery entity shall establish a meth4 od by which eligible participants may pay over time for 

5 the financed cost of allowable energy efficiency measures 

6 and renewable energy improvements. 

7 (e) ALLOCATION.—In making funds available to 

8 States for each fiscal year under this section, the Sec9 retary shall use the allocation formula used to allocate 

10 funds to States to carry out State energy conservation 

11 plans under part D of title III of the Energy Policy and 

12 Conservation Act (42 U.S.C. 6321 et seq.). 

13 (f) USE OF FUNDS.—Of the amounts in a State re14 volving finance fund— 

15 (1) not more than 20 percent may be used by 

16 qualified program delivery entities for interest rate 

17 reductions for eligible participants; and 

18 (2) the remainder shall be available to provide 

19 direct funding or other financial support to qualified 

20 program delivery entities. 

21 (g) STATE REVOLVING FINANCE FUNDS.—On repay22 ment of any funds made available by qualified program 

23 delivery entities under the program, the funds shall be de24 posited in the applicable State revolving finance fund to 

25 support additional financing to qualified program delivery 


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1 entities for energy efficiency measures and renewable en2 ergy improvements. 

3 (h) COORDINATION WITH STATE ENERGY EFFI4 CIENCY RETROFIT PROGRAMS.—Home energy retrofit 

5 programs that receive financing through the program shall 

6 be carried out in accordance with all authorized measures, 

7 performance criteria, and other requirements of section 

8 262(d). 

9 (i) PROGRAM EVALUATION.— 

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

11 a program evaluation to determine— 

12 (A) how the program is being used by eli13 gible participants, including what improvements 

14 have been most typical and what regional dis15 tinctions exist, if any; 

16 (B) what improvements could be made to 

17 increase the effectiveness of the program; and 

18 (C) the quantity of verifiable energy sav19 ings and renewable energy deployment achieved 

20 through the program. 

21 (2) REPORTS.— 

22 (A) IN GENERAL.—Not later than 3 years 

23 after the date of enactment of this Act, the Sec24 retary shall submit to the Committee on Energy 

25 and Natural Resources of the Senate and the 


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1 Committee on Energy and Commerce of the 

2 House of Representatives a report that de3 scribes the results of the program evaluation re4 quired under this subsection, including any rec5 ommendations. 

6 (B) STATE REPORTS.—Not less than once 

7 every 2 years, States participating in the pro8 gram shall submit to the Secretary reports on 

9 the use of funds through the program that in10 clude any information that the Secretary may 

11 require. 

12 (j) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated such sums as are necessary to carry 

15 out this section for each of fiscal years 2010 through 

16 2015. 

17 (2) ADMINISTRATIVE EXPENSES.—An amount 

18 not exceeding 5 percent of the amounts made avail19 able under paragraph (1) shall be available for each 

20 fiscal year to pay the administrative expenses nec21 essary to carry out this section. 


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1 PART V—FEDERAL EFFICIENCY AND 

2 RENEWABLES 

3 SEC. 271. FEDERAL PURCHASE REQUIREMENT. 

4 Section 203 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15852) (as amended by section 133) is amended— 

6 (1) in subsection (a), in the matter preceding 

7 paragraph (1), by striking ‘‘electric’’; 

8 (2) by redesignating subsection (d) as sub9 section (f) and moving that subsection to appear 

10 after subsection (e); 

11 (3) by inserting after subsection (c) the fol12 lowing: 

13 ‘‘(d) SEPARATE CALCULATION.—Renewable energy 

14 produced at a Federal facility, on Federal land, or on In15 dian land (as defined in section 2601 of the Energy Policy 

16 Act of 1992 (25 U.S.C. 3501))— 

17 ‘‘(1) shall be calculated separately from renew18 able energy used; and 

19 ‘‘(2) may be used individually or in combination 

20 to comply with subsection (a).’’; and 

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

22 ‘‘(g) CONTRACT PERIOD.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding section 

24 501(b)(1)(B) of title 40, United States Code, a con25 tract entered into by a Federal agency to acquire reVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 newable energy may be made for a period of not 

2 more than 30 years. 

3 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

4 shall provide technical assistance to Federal agencies 

5 to enter into contracts under this subsection. 

6 ‘‘(3) STANDARDIZED RENEWABLE ENERGY PUR7 CHASE AGREEMENT.—Not later than 90 days after 

8 the date of enactment of this subsection, the Sec9 retary, acting through the Federal Energy Manage10 ment Program, shall publish a standardized renew11 able energy purchase agreement setting forth com12 mercial terms and conditions that can be used by 

13 Federal agencies to acquire renewable energy.’’. 

14 SEC. 272. COMPETITION REQUIREMENTS FOR TASK OR DE15 LIVERY ORDERS UNDER ENERGY SAVINGS 

16 PERFORMANCE CONTRACTS. 

17 (a) IN GENERAL.—Section 801(a) of the National 

18 Energy Conservation Policy Act (42 U.S.C. 8287(a)) is 

19 amended by adding at the end the following 

20 ‘‘(3) TASK OR DELIVERY ORDERS.— 

21 ‘‘(A) IN GENERAL.—The head of a Federal 

22 agency may issue a task or delivery order under 

23 an energy savings performance contract by— 

24 ‘‘(i)(I) notifying all contractors that 

25 have received an award under the contract 


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1 that the agency proposes to consider using 

2 energy savings performance services for all 

3 or part of the facilities of the agency; 

4 ‘‘(II) soliciting an expression of inter5 est in the performance of site surveys or 

6 investigations and feasibility designs and 

7 studies and the submission of qualifica8 tions from the contractors; and 

9 ‘‘(III) including in the notice sum10 mary information concerning energy use 

11 for any facilities that the agency has spe12 cific interest in including in the contract; 

13 ‘‘(ii) reviewing all expressions of inter14 est and qualifications submitted pursuant 

15 to the notice provided under clause (i); 

16 ‘‘(iii) selecting 2 or more contractors 

17 (from among the contractors reviewed 

18 under clause (ii)) to analyze the respective 

19 qualifications of the contractors to imple20 ment potential energy conservation meas21 ures, including requesting references dem22 onstrating experience on similar efforts 

23 and the resulting energy savings of the 

24 similar efforts; 

25 ‘‘(iv) selecting and authorizing— 


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1 ‘‘(I) more than 1 contractor 

2 (from among the contractors selected 

3 under clause (iii)) to conduct site sur4 veys, investigations, feasibility designs 

5 and studies, or similar assessments 

6 for the energy savings performance 

7 contract services (or for discrete por8 tions of the services), for the purpose 

9 of allowing each such contractor to 

10 submit a firm, fixed-price proposal to 

11 implement specific energy conserva12 tion measures; or 

13 ‘‘(II) 1 contractor (from among 

14 the contractors selected under clause 

15 (iii)) to conduct a site survey, inves16 tigation, feasibility design and study, 

17 or similar assessment for the purpose 

18 of allowing the contractor to submit a 

19 firm, fixed-price proposal to imple20 ment specific energy conservation 

21 measures; 

22 ‘‘(v) negotiating a task or delivery 

23 order for energy savings performance con24 tracting services with the 1 or more con25 tractors selected under clause (iv) based on 


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1 the energy conservation measures identi2 fied; and 

3 ‘‘(vi) issuing a task or delivery order 

4 for energy savings performance contracting 

5 services to the 1 or more contractors. 

6 ‘‘(B) COMPETITION REQUIREMENTS.—The 

7 issuance of a task or delivery order for energy 

8 savings performance contracting services pursu9 ant to subparagraph (A) shall be consider to 

10 satisfy the task and delivery order competition 

11 requirements of section 2304c(d) of title 10, 

12 United States Code, and section 303J(d) of the 

13 Federal Property and Administrative Services 

14 Act of 1949 (41 U.S.C. 253j(d)). 

15 ‘‘(C) GUIDANCE.—The Secretary may 

16 issue guidance as necessary to Federal agencies 

17 issuing task or delivery orders pursuant to sub18 paragraph (A).’’. 

19 (b) NONAPPLICABILITY.—The amendment made by 

20 subsection (a) does not apply to a task or delivery order 

21 issued before the date of enactment of this Act. 

22 SEC. 273. FUNDING FLEXIBILITY. 

23 Section 801(a)(2) of the National Energy Conserva24 tion Policy Act (42 U.S.C. 8287(a)(2)) is amended by 

25 striking subparagraph (E) and inserting the following: 


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1 ‘‘(E) FUNDING OPTIONS.—Notwith2 standing any other provision of law, in carrying 

3 out a contract under this title, a Federal agency 

4 may use any combination of— 

5 ‘‘(i) appropriated funds; and 

6 ‘‘(ii) private financing under energy 

7 savings performance contracts or other pri8 vate financing of energy savings meas9 ures.’’. 

10 SEC. 274. DEFINITION OF ENERGY SAVINGS. 

11 Section 804(2)(B) of the National Energy Conserva12 tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by 

13 inserting ‘‘and installation of renewable energy systems’’ 

14 after ‘‘cogeneration or heat recovery’’. 

15 SEC. 275. NATIONAL ENERGY EFFICIENCY IMPROVEMENT 

16 GOALS. 

17 (a) GOALS.—The goals of the United States are— 

18 (1) to achieve an improvement in the overall en19 ergy productivity of the United States (measured in 

20 gross domestic product per unit of energy input) of 

21 at least 2.5 percent per year by the year 2012; and 

22 (2) to maintain that annual rate of improve23 ment each year through 2030. 

24 (b) STRATEGIC PLAN.— 


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

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

3 Energy (referred to in this section as the ‘‘Sec4 retary’’), in cooperation with the Administrator of 

5 the Environmental Protection Agency and the heads 

6 of other appropriate Federal agencies, shall develop 

7 a strategic plan to achieve the national goals for im8 provement in energy productivity established under 

9 subsection (a). 

10 (2) PUBLIC INPUT AND COMMENT.—The Sec11 retary shall develop the plan in a manner that pro12 vides appropriate opportunities for public input and 

13 comment. 

14 (c) 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 (d) 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) verify, to the maximum extent prac14 ticable, energy savings resulting from the poli15 cies. 

16 (e) 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 (b) and each updated plan. 

20 SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY 

21 GRANTS AND LOANS FOR INSTITUTIONS. 

22 Section 399A of the Energy Policy and Conservation 

23 Act (42 U.S.C. 6371h–1) (as amended by section 201(2)) 

24 is amended— 


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1 (1) in subsection (a)(5), by striking ‘‘ ‘or a des2 ignee’ ’’ and inserting ‘‘ ‘a not-for-profit hospital, a 

3 not-for-profit inpatient health care facility, or a des4 ignated agent’ ’’; 

5 (2) in subsection (c)(1), by striking subpara6 graph (C); 

7 (3) in subsection (f)(3)(A), by striking 

8 ‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’; and 

9 (4) in subsection (j)(1), by striking 

10 ‘‘ ‘$250,000,000 for each of fiscal years 2009 

11 through 2013’ ’’ and inserting ‘‘ ‘such sums as are 

12 necessary for each of fiscal years 2010 through 

13 2015’’. 

14 SEC. 277. FEDERAL IMPLEMENTATION STRATEGY FOR EN15 ERGY-EFFICIENT INFORMATION AND COM16 MUNICATIONS TECHNOLOGIES. 

17 Section 543 of the National Energy Conservation 

18 Policy Act (42 U.S.C. 8253) is amended— 

19 (1) by redesignating the second subsection (f) 

20 (relating to large capital energy investments) as sub21 section (g); and 

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

23 ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR

24 ENERGY-EFFICIENT INFORMATION AND COMMUNICA25 TIONS TECHNOLOGIES.— 


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

2 the date of enactment of this subsection, each Fed3 eral agency shall collaborate with the Director of the 

4 Office of Management and Budget (referred to in 

5 this subsection as the ‘Director’) to create an imple6 mentation strategy (including best-practices and 

7 measurement and verification techniques) for the 

8 maintenance, purchase, and use of energy efficient 

9 and energy-reducing information and communica10 tions technologies and practices. 

11 ‘‘(2) ADMINISTRATION.—In developing an im12 plementation strategy, each Federal agency shall— 

13 ‘‘(A) consider information and communica14 tions technologies and infrastructure, includ15 ing— 

16 ‘‘(i) advanced metering infrastructure; 

17 ‘‘(ii) information and communications 

18 technology services and products; 

19 ‘‘(iii) efficient data center strategies; 

20 ‘‘(iv) computer power management; 

21 ‘‘(v) applications modernization and 

22 rationalization; 

23 ‘‘(vi) building systems energy effi24 ciency; and 

25 ‘‘(vii) telework; 


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1 ‘‘(B) ensure that the agency is eligible to 

2 realize savings and rewards brought about 

3 through increased efficiency; and 

4 ‘‘(C) to the maximum extent practicable, 

5 incorporate existing standards, specifications, 

6 performance metrics, and best management 

7 practices. 

8 ‘‘(3) PERFORMANCE GOALS.— 

9 ‘‘(A) IN GENERAL.—Not later than 180 

10 days after the date of enactment of this sub11 section, the Director shall establish performance 

12 goals for evaluating the efforts of Federal agen13 cies in improving the maintenance, purchase, 

14 and use of energy efficiency of information and 

15 communications technology systems. 

16 ‘‘(B) ADMINISTRATION.—The performance 

17 goals shall— 

18 ‘‘(i) measure information technology 

19 costs over a specific time period of 3 to 5 

20 years; and 

21 ‘‘(ii) provide, to the maximum extent 

22 practicable, a complete picture of all costs, 

23 including energy costs. 

24 ‘‘(4) REPORTS.— 


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1 ‘‘(A) AGENCY REPORTS.—Each Federal 

2 agency subject to the requirements of this sub3 section shall include in the report of the agency 

4 under section 527 of the Energy Independence 

5 and Security Act of 2007(42 U.S.C. 17143) a 

6 description of the efforts of the agency under 

7 this subsection. 

8 ‘‘(B) OMB GOVERNMENT EFFICIENCY RE9 PORT AND SCORE CARDS.—Effective beginning 

10 not later than April 1, 2011, the Director shall 

11 include in the annual report and scorecard of 

12 the Director under section 528 of the Energy 

13 Independence and Security Act of 2007 (42 

14 U.S.C. 17143) a description of the efforts of 

15 Federal agencies under this subsection.’’. 

16 SEC. 278. INCENTIVES FOR FEDERAL AGENCIES TO PAR17 TICIPATE IN ENERGY EFFICIENCY PRO18 GRAMS. 

19 Section 546(c) of the National Energy Conservation 

20 Policy Act (42 U.S.C. 8256(c)) is amended— 

21 (1) in paragraph (1), by inserting ‘‘(including 

22 Independent System Operators, State agencies, and 

23 third party entities implementing those programs on 

24 behalf of utilities or State agencies)’’ after ‘‘electric 

25 utilities’’; 


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1 (2) in paragraph (2), by inserting ‘‘State agen2 cy, and third party entity implementing those pro3 grams on behalf of utilities or State agencies,’’ after 

4 ‘‘such utility,’’; 

5 (3) in paragraph (3), by inserting ‘‘State agen6 cies, and third party entities implementing those 

7 programs on behalf of utilities or State agencies,’’ 

8 after ‘‘gas utilities’’; and 

9 (4) in the paragraph (4), by inserting ‘‘or State 

10 agency’’ after ‘‘a utility’’. 

11 PART VI—ENERGY EFFICIENCY INFORMATION 

12 ON HOMES AND BUILDINGS 

13 SEC. 281. BUILDING ENERGY PERFORMANCE INFORMA14 TION PROGRAM. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ACHIEVED PERFORMANCE.—The term 

17 ‘‘achieved performance’’ means the measured energy 

18 consumption of a building determined using actual 

19 consumption data normalized for appropriate vari20 ables. 

21 (2) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (3) BUILDING ENERGY PERFORMANCE.—The 

25 term ‘‘building energy performance’’ means primary 


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1 energy consumption per square foot of floor space, 

2 or other measure of energy consumption per energy 

3 service, as determined by the Secretary for a build4 ing type. 

5 (4) BUILDING ENERGY PERFORMANCE

6 VALUE.—The term ‘‘building energy performance 

7 value’’ means a value used for comparing building 

8 energy performance among buildings, as determined 

9 by methods developed by the Administrator. 

10 (5) BUILDING TYPE.—The term ‘‘building 

11 type’’ means a type of a building, as identified by 

12 the 1 or more principal activities in the building, 

13 such as office buildings, laboratories, libraries, data 

14 centers, retail spaces, hotels, food sales, food service, 

15 warehouses, and educational facilities. 

16 (6) COMMERCIAL BUILDINGS ENERGY CON17 SUMPTION SURVEY.—The term ‘‘Commercial Build18 ings Energy Consumption Survey’’ means the Com19 mercial Buildings Energy Consumption Survey au20 thorized by section 205(k) of the Department of En21 ergy Organization Act (42 U.S.C. 7135(k)). 

22 (7) COVERED BUILDING TYPE.—The term ‘‘cov23 ered building type’’ means a building type for which 

24 statistically significant energy performance data 


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1 exist to serve as the basis of measurement protocols 

2 and certifications for building energy use. 

3 (8) DESIGNED PERFORMANCE.—The term ‘‘de4 signed performance’’ means the estimated energy 

5 performance of a building using a standardized set 

6 of operational conditions obtained from building con7 struction documents and other available data. 

8 (9) MEASUREMENT PROTOCOL.—The term 

9 ‘‘measurement protocol’’ means the methodology, 

10 prescribed by the Administrator, for determining the 

11 achieved performance or designed performance and 

12 the associated building energy performance value for 

13 a building of a specific building type. 

14 (10) RESIDENTIAL ENERGY CONSUMPTION SUR15 VEY.—The term ‘‘Residential Energy Consumption 

16 Survey’’ means the Residential Energy Consumption 

17 Survey authorized by section 205(k) of the Depart18 ment of Energy Organization Act (42 U.S.C. 

19 7135(k)). 

20 (11) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Energy. 

22 (b) BUILDING ENERGY PERFORMANCE INFORMA23 TION PROGRAM.—The Administrator, in consultation with 

24 the Secretary, shall establish a voluntary energy performVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 ance information program with broad applicability to 

2 buildings nationwide— 

3 (1) to provide timely and accurate information 

4 on comparative energy performance; and 

5 (2) to increase public awareness of the impor6 tance of building energy efficiency and energy per7 formance through public education. 

8 (c) BUILDING TYPE DETERMINATION FOR ASSESS9 MENT OF ENERGY PERFORMANCE.— 

10 (1) REPORT.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary shall 

12 submit to Congress a report that describes— 

13 (A) all principal building types for which 

14 statistically significant energy performance data 

15 exists to serve as the basis for building energy 

16 performance information; and 

17 (B) those building types for which addi18 tional data are required. 

19 (2) ADDITIONAL RESOURCES AND REPORTS.— 

20 (A) IN GENERAL.—For each principal 

21 building type identified under paragraph 

22 (1)(B), the Secretary shall include a description 

23 of— 


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1 (i) additional resources that will be re2 quired to fully develop the relevant data3 bases; and 

4 (ii) the anticipated timeline for com5 pletion of the data development. 

6 (B) ADDITIONAL REPORTS.—The Sec7 retary shall submit to Congress additional re8 ports on information required under this sub9 section as often as is considered necessary by 

10 the Secretary, but not less than once every 2 

11 years. 

12 (d) IMPROVING BUILDING ENERGY CONSUMPTION

13 DATABASES.— 

14 (1) COMMERCIAL BUILDINGS ENERGY CON15 SUMPTION SURVEY.—The Secretary shall support 

16 improvements to the Commercial Buildings Energy 

17 Consumption Survey or such other commercial build18 ings energy performance databases as the Secretary 

19 considers appropriate— 

20 (A) to characterize the achieved perform21 ance of existing commercial buildings for the 

22 building types covered by the Commercial 

23 Buildings Energy Consumption Survey (as of 

24 the date of enactment of this Act); and 


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1 (B) to cover additional building types, as 

2 identified by the Secretary, to enable the devel3 opment of measurement protocols for those 

4 building types under subsection (e) that cover 

5 at least 85 percent of all major commercial 

6 building energy use not later than 5 years after 

7 the date of enactment of this Act. 

8 (2) RESIDENTIAL ENERGY CONSUMPTION SUR9 VEY.—While conducting the Residential Energy 

10 Consumption Survey, the Secretary may evaluate 

11 whether the data, or other data types are appro12 priate, to enable the development of achieved per13 formance measurement formats for residential build14 ing energy not later than 5 years after the date of 

15 enactment of this Act. 

16 (e) ENERGY PERFORMANCE MEASUREMENT.— 

17 (1) MEASUREMENT.—Not later than 2 years 

18 after identifying a covered building type, the Admin19 istrator shall, after providing notice and soliciting 

20 public comment, establish — 

21 (A) methods to measure achieved perform22 ance and designed performance; and 

23 (B) procedures for collecting and updating 

24 information. 


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1 (2) INFORMATION DISPLAY.—After providing 

2 notice and soliciting public comment, the Adminis3 trator may— 

4 (A) establish 1 or more formats that— 

5 (i) display achieved performance and 

6 designed performance; 

7 (ii) are tailored to building types; or 

8 (iii) display other desired information 

9 related to building energy performance; 

10 and 

11 (B) provide for the display of both 

12 achieved performance and designed performance 

13 for a building, other than in a case in which 

14 data are not available, practicable, or cost effec15 tive. 

16 (3) EXISTING PROGRAMS.—In developing for17 mats under this subsection, the Administrator shall 

18 consider existing public and private programs for 

19 building energy performance information, including 

20 programs outside of the United States. 

21 (4) CERTIFICATES.—After providing for appro22 priate notice and comment, the Administrator shall 

23 publish the final specifications for the information, 

24 including on certificates or other forms of informa25 tion applicable to covered building types. 


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1 (5) PROGRAM REVIEW.—At least once every 5 

2 years, the Administrator shall review, and as nec3 essary, modify the building energy performance in4 formation program. 

5 (f) PUBLIC OUTREACH.—In consultation with the 

6 Administrator and in conjunction with other energy effi7 ciency awareness efforts, the Secretary shall establish a 

8 business and consumer education program to increase 

9 awareness of the importance of building energy efficiency 

10 and the availability of building energy performance infor11 mation, to facilitate widespread use of building energy per12 formance information programs. 

13 (g) DEMONSTRATION PROJECTS.— 

14 (1) IN GENERAL.—The Administrator, in con15 sultation with the Secretary shall conduct dem16 onstration projects for different building types to 

17 evaluate the sufficiency of the model certificate spec18 ifications, measurement, and other alternatives pro19 posed by State or local agencies, utilities, or other 

20 implementing organizations. 

21 (2) ZERO-NET ENERGY COMMERCIAL BUILD22 INGS INITIATIVE.—The Secretary shall coordinate 

23 demonstration projects under this subsection with 

24 the Zero-Net Energy Commercial Buildings Initia25 tive established under section 422 of the Energy 


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

2 17082). 

3 (h) VOLUNTARY STATE AND LOCAL INFORMATION

4 PROGRAM.— 

5 (1) COORDINATION WITH STATES AND LOCAL

6 GOVERNMENTS.—On the request of a State or local 

7 government, the Secretary may— 

8 (A) coordinate with the State energy office 

9 or other State agencies, or with the appropriate 

10 local government offices, on the development of 

11 a building energy performance information pro12 gram; 

13 (B) provide technical assistance and infor14 mation on best practices; and 

15 (C) in the case of a program that includes 

16 the key elements in paragraph (2), provide a 

17 grant for initial program administration. 

18 (2) KEY ELEMENTS OF A BUILDING ENERGY

19 PERFORMANCE INFORMATION PROGRAM.—A model 

20 building energy information performance program 

21 shall— 

22 (A) make information on building energy 

23 performance available to the public; and 


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1 (B) use the information formats estab2 lished by the Administrator under subsection 

3 (e) or alternative formats. 

4 (3) PROGRESS REPORT.—Not later than 3 

5 years after the date of enactment of this Act, the 

6 Secretary shall submit to Congress a progress report 

7 that— 

8 (A) evaluates the effectiveness of efforts to 

9 advance the use of the program by States and 

10 units of local government; and 

11 (B) recommends any further steps that are 

12 necessary to broaden the use of the program by 

13 States and units of local government. 

14 (i) PUBLIC BUILDING IMPLEMENTATION.— 

15 (1) FEDERAL BUILDINGS.— 

16 (A) IN GENERAL.—Not later than 3 years 

17 after the date of enactment of this Act, each 

18 Federal agency owning or operating buildings 

19 of covered building types shall implement the 

20 building energy information program in a man21 ner that— 

22 (i) 30 percent of covered buildings 

23 built before the final rule establishing the 

24 program; and 


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1 (ii) 90 percent of the stock of covered 

2 building types built after the establishment 

3 of the program. 

4 (B) GUIDELINES.—Not later than 1 year 

5 after the date of enactment of this Act, the Sec6 retary shall develop guidelines for the imple7 mentation of Federal building energy perform8 ance information programs. 

9 (2) STATE AND UNITS OF LOCAL GOVERNMENT

10 BUILDINGS.— 

11 (A) IN GENERAL.—Effective beginning on 

12 the date that is 3 years after the date of enact13 ment of this Act, any newly constructed build14 ing to be owned by a State, county, or local 

15 government that is a covered building and re16 ceives Federal financial assistance shall be re17 quired to use the certificate provided for under 

18 this section. 

19 (B) INFORMATION.—The Secretary shall 

20 provide information concerning the building en21 ergy performance information program for Fed22 eral buildings (including information on the re23 sults, best practices, accompanying analysis, 

24 and implementation) to States and units of 

25 local governments for adaptation and adoption, 


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1 at the discretion of the States and units of local 

2 government, as soon as practicable after the 

3 date of enactment of this Act. 

4 (j) ENERGY STAR FOR EXISTING BUILDINGS PRO5 GRAM.—The Administrator may use information, meas6 urements, and other forms of energy performance infor7 mation developed under this section to establish a vol8 untary Energy Star program that recognizes high effi9 ciency retrofits of existing commercial and residential 

10 buildings. 

11 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as are nec13 essary to carry out this section. 

14 SEC. 282. EVALUATION, MEASUREMENT, AND 

15 VERIFICATION OF ENERGY SAVINGS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) EVALUATION.—The term ‘‘evaluation’’ 

18 means the performance of studies and activities to 

19 determine— 

20 (A) the effects of a program or project; 

21 (B) changes in energy efficiency markets; 

22 (C) levels of demand or energy savings; 

23 and 

24 (D) program cost-effectiveness. 


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1 (2) IMPACT EVALUATION.—The term ‘‘impact 

2 evaluation’’ means the evaluation of the program or 

3 project-specific, directly induced changes in energy 

4 savings and greenhouse gas emissions reductions at5 tributable to a program or project. 

6 (3) MEASUREMENT AND VERIFICATION.—The 

7 term ‘‘measurement and verification’’ means data 

8 collection, monitoring, and analysis associated with 

9 the calculation of total energy and demand savings 

10 from individual sites or projects, including as a part 

11 of an impact evaluation. 

12 (b) RULES.—Not later than 2 years after the date 

13 of enactment of this Act, the Secretary shall promulgate 

14 uniform rules to document the energy savings and avoided 

15 greenhouse gas emissions of energy efficiency programs 

16 and projects that— 

17 (1) receive funding from Federal, State, or local 

18 governments or public utilities; 

19 (2) require specific levels of energy reductions; 

20 and 

21 (3) are eligible for allowances or allowance pro22 ceeds based on energy savings and greenhouse gas 

23 emissions reductions under climate change regula24 tions. 

25 (c) REQUIREMENTS.— 


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1 (1) IN GENERAL.—In developing rules under 

2 subsection (b), the Secretary shall ensure, to the 

3 maximum extent practicable, that the rules— 

4 (A) are enforceable; 

5 (B) give reasonable assurance that energy 

6 savings and avoided greenhouse gas emission 

7 from energy efficiency programs and projects 

8 are verifiable and additional; 

9 (C) are complete and transparent; 

10 (D) balance risk management, certainty of 

11 estimated impacts, and implementation costs; 

12 and 

13 (E) provide sufficient direction relating to 

14 methodologies and assumptions (including 

15 additionality, market transformation impacts, 

16 and measure persistence) to ensure— 

17 (i) reasonable uniformity among var18 ious States and entities; and 

19 (ii) consistency in results. 

20 (2) PROCESS.—In developing rules under sub21 section (b), the Secretary shall— 

22 (A) consider and harmonize the rules with 

23 existing domestic and international protocols 

24 wherever practicable; and 


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1 (B) consult with States, utilities, and other 

2 appropriate stakeholders. 

3 PART VII—RESIDENTIAL HIGH PERFORMANCE 

4 ZERO-NET-ENERGY BUILDINGS INITIATIVE 

5 SEC. 291. RESIDENTIAL HIGH PERFORMANCE ZERO-NET6 ENERGY BUILDINGS INITIATIVE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of Residential High-Performance Zero10 Net-Energy Buildings appointed under subsection 

11 (c). 

12 (2) INITIATIVE.—The term ‘‘Initiative’’ means 

13 the Residential High Performance Zero-Net-Energy 

14 Buildings Initiative established under subsection (b). 

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

16 the Secretary of Energy, acting through the Assist17 ant Secretary of Energy Efficiency and Renewable 

18 Energy. 

19 (4) ZERO-NET-ENERGY BUILDING.—The term 

20 ‘‘zero-net-energy building’’ means a residential build21 ing 4 stories or less that is designed, constructed, 

22 and operated— 

23 (A) to require greatly reduced needs for 

24 energy through efficiency gains; 


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1 (B) to meet the balance of energy needs 

2 through renewable technologies; 

3 (C) to produce no net emissions of green4 house gases in space heating, cooling, domestic 

5 water heating, lighting, and appliances; and 

6 (D) to be economically viable. 

7 (b) ESTABLISHMENT.—The Secretary shall establish 

8 and carry out an initiative, to be known as the ‘‘Residen9 tial High-Performance Zero-Net-Energy Buildings Initia10 tive’’— 

11 (1) to reduce the quantity of energy consumed, 

12 and increase the quantity of renewable energy gen13 erated, in residential buildings located in the United 

14 States; and 

15 (2) to promote the development of zero-net-en16 ergy buildings in the United States. 

17 (c) DIRECTOR.— 

18 (1) IN GENERAL.—The Secretary shall appoint 

19 a Director of Residential High-Performance Zero20 Net-Energy Buildings to carry out the Initiative. 

21 (2) POSITION.—The position of the Director 

22 shall be a career reserved position in the Senior Ex23 ecutive Service, 

24 (d) HIGH-PERFORMANCE RESIDENTIAL GREEN

25 BUILDING PARTNERSHIP CONSORTIUM.— 


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1 (1) INITIAL PERIOD.—Not later than 180 days 

2 after the date of enactment of this Act, the Director 

3 shall— 

4 (A) use existing resources and frameworks 

5 (such as the residential research and develop6 ment program) to enter into 1 or more agree7 ments with the competitively selected Building 

8 America Industry consortia in existence on the 

9 date of enactment of this Act, if feasible, to de10 velop and carry out the Initiative during the 5- 

11 year period beginning on the date of enactment 

12 of this Act; or 

13 (B) competitively select, and enter into 1 

14 or more agreements with, 1 or more consortia 

15 to develop and carry out the Initiative during 

16 the 5-year period. 

17 (2) SUBSEQUENT PERIODS.—Not later than 5 

18 years after the date of enactment of this Act and 

19 every 5 years thereafter, the Director shall competi20 tively select, and enter into 1 or more agreements 

21 with, 1 or more consortia to develop and carry out 

22 the Initiative during a 5-year period. 

23 (3) AGREEMENTS.—In entering into an agree24 ment with a consortium under this subsection, the 

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1 scribed in section 646(g) of the Department of En2 ergy Organization Act (42 U.S.C. 7256(g)). 

3 (e) GOALS.—The goals of the Initiative shall be— 

4 (1) to develop and disseminate technologies, 

5 practices, and policies for the development and es6 tablishment of zero-net-energy buildings; and 

7 (2) to promote technologies and strategies that 

8 will enable— 

9 (A) the design and construction of zero10 net-energy buildings (including identification 

11 and validation) by 2015; and 

12 (B) any new residential building con13 structed on or after 2020 to be a cost-effective 

14 zero-net-energy building. 

15 (f) COMPONENTS.—In carrying out the Initiative, the 

16 Director, in consultation with the consortium selected 

17 under subsection (d) and leveraging existing resources and 

18 initiatives to the maximum extent practicable, may— 

19 (1) conduct research and development on build20 ing science, design, materials, components, equip21 ment and controls, operation and other practices, in22 tegration, energy use measurement, and 

23 benchmarking; 

24 (2) conduct pilot programs and demonstration 

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1 ing energy-efficient residential buildings using re2 newable technologies for a variety of building types 

3 in a variety of climate zones; 

4 (3) consider the energy benefits of improved 

5 land planning and transportation planning to maxi6 mize use of existing infrastructure; 

7 (4) conduct deployment, dissemination, and 

8 technical assistance activities to encourage wide9 spread adoption of technologies, practices, and poli10 cies to achieve energy efficient residential buildings; 

11 (5) conduct other research, development, dem12 onstration, and deployment activities necessary to 

13 achieve each goal of the Initiative, as determined by 

14 the Director, in consultation with the consortium; 

15 (6) develop training materials and courses for 

16 building professionals and trades on achieving cost17 effective zero-net-energy buildings; 

18 (7) develop and disseminate public education 

19 materials to share information on the benefits and 

20 cost-effectiveness of zero-net-energy buildings; 

21 (8) support code-setting organizations and 

22 State and local governments in developing minimum 

23 performance standards in building codes that recog24 nize the ready availability of many technologies used 

25 in zero-net-energy buildings; 


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1 (9) develop strategies for overcoming the split 

2 incentives between builders and purchasers, and 

3 landlords and tenants, to ensure that energy-effi4 ciency and renewable technology investments are 

5 made that are cost-effective on a lifecycle basis; and 

6 (10) develop improved means of measurement 

7 and verification of energy savings and performance 

8 for public dissemination. 

9 (g) COST SHARING.—In carrying out this section, the 

10 Director shall require cost sharing in accordance with sec11 tion 988 of the Energy Policy Act of 2005 (42 U.S.C. 

12 16352). 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this sec15 tion— 

16 (1) $40,000,000 for fiscal year 2010; 

17 (2) $60,000,000 for each of fiscal years 2011 

18 and 2012; and 

19 (3) $100,000,000 for each of fiscal years 2013 

20 through 2020. 

21 Subtitle D—Electric Grid 

22 SEC. 295. NATIONAL ELECTRIC SYSTEM EFFICIENCY AND 

23 PEAK DEMAND REDUCTION GOAL. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) APPLICABLE BASELINE.—The term ‘‘appli2 cable baseline’’ means the highest annual peak de3 mand during 1 or more years determined by the 

4 Commission, in consultation with the Secretary and 

5 the North American Electric Reliability Corporation. 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means Federal Energy Regulatory Commission. 

8 (3) DEMAND REDUCTION.—The term ‘‘demand 

9 reduction’’ means the reduction in annual peak de10 mand as compared to a previous baseline year or pe11 riod, expressed in megawatts. 

12 (4) DYNAMIC PEAK MANAGEMENT CONTROL.— 

13 The term ‘‘dynamic peak management control’’ 

14 means the control of megawatts of electricity 

15 through a demand response program or other means 

16 that is directly capable of actively and dynamically 

17 reducing peak demand. 

18 (5) LOAD-SERVING ENTITY.— 

19 (A) IN GENERAL.—The term ‘‘load-serving 

20 entity’’ means an entity that provides electricity 

21 directly to retail consumers with the responsi22 bility to ensure power quality and reliability. 

23 (B) INCLUSIONS.—The term ‘‘load-serving 

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1 owned, owned by a rural electric cooperative, or 

2 owned by another entity. 

3 (6) PEAK DEMAND.—The term ‘‘peak demand’’ 

4 means electricity demand— 

5 (A) during the highest hour on the system 

6 of a load-serving entity during a calendar year, 

7 expressed in megawatts; 

8 (B) measured using an alternative calcula9 tion method determined by the Commission, in 

10 consultation with the Secretary and the North 

11 American Electric Reliability Corporation; and 

12 (C) that takes into account monthly and 

13 seasonal variations in peak demand for elec14 tricity. 

15 (7) PEAK DEMAND PERIOD.—The term ‘‘peak 

16 demand period’’ means the time period on the sys17 tem of a load-serving entity relative to peak demand 

18 that may warrant special measures or electricity re19 sources to maintain system reliability or avoid excess 

20 costs while meeting peak demand. 

21 (8) REGIONAL TRANSMISSION ORGANIZATION.— 

22 The term ‘‘Regional Transmission Organization’’ 

23 means an entity that is approved as a Regional 

24 Transmission Organization by the Commission. 


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1 (9) SMART GRID.—The term ‘‘smart grid’’ 

2 means smart grid (within the meaning of title XIII 

3 of the Energy Independence and Security Act of 

4 2007 (42 U.S.C. 17381 et seq.)). 

5 (10) SYSTEM LOAD FACTOR.—The term ‘‘sys6 tem load factor’’ means the ratio that the kilowatt 

7 hours consumed on a system bear to the highest 

8 level of demand in kilowatts on the system during a 

9 given year. 

10 (b) GOAL.—It is the policy of the United States 

11 that— 

12 (1) the national electric system efficiency goal 

13 of the United States is to optimize and make more 

14 efficient the planning and operation of national and 

15 local electricity systems in a manner that the system 

16 load factor of the systems will be improved by 1.5 

17 percent per year during each of calendar years 2010 

18 through 2030; and 

19 (2) the goal described in paragraph (1) can be 

20 met or exceeded by lessening the difference between 

21 the periods of lowest and highest electricity demand, 

22 with particular focus on reducing the frequency and 

23 severity of peak demand periods, using smart grid 

24 and demand response technologies, practices, and 

25 activities, including— 


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1 (A) the reduction of overall electricity de2 mand through the adoption of energy-efficient 

3 technologies or conservation practices; 

4 (B) the use of demand response tech5 nologies, practices, and activities that allow dy6 namic control, load-shifting, and reduction of 

7 time-based electricity consumption by load-serv8 ing entities and electricity customers, including 

9 the wide-spread installation or use of— 

10 (i) distributed generation; 

11 (ii) smart meters and equipment with 

12 smart grid capabilities; 

13 (iii) energy storage; and 

14 (iv) time-based pricing that reflects 

15 marginal electricity generation costs; and 

16 (C) the use of smart grid technologies, 

17 practices, and activities (including activities de18 scribed in title XIII of the Energy Independ19 ence and Security Act of 2007 (42 U.S.C. 

20 17381 et seq.)) that provide time-based infor21 mation on, and dynamic control of, the elec22 tricity grid allowing for the most cost-effective, 

23 efficient, and reliable generation, transmission, 

24 and distribution of electricity. 

25 (c) ACTION PLAN.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary, in cooperation with the Commission, Re4 gional Transmission Organizations, the National As5 sociation of Regulatory Utility Commissioners, and 

6 heads of other appropriate Federal agencies, shall 

7 develop an action plan to achieve or exceed the na8 tional goal established under subsection (a). 

9 (2) PLAN CONTENTS.—The action plan shall— 

10 (A) identify future regulatory, funding, 

11 and policy priorities that would assist the 

12 United States in meeting the national goal de13 scribed in paragraph (1); 

14 (B) include data collection methodologies 

15 and compilations used to establish baseline and 

16 goal attainment data; 

17 (C) include guidelines for the establish18 ment of dynamic peak management control 

19 goals, including— 

20 (i) the establishment of applicable 

21 baselines in a consistent nationwide man22 ner; and 

23 (ii) the use of a methodology that pro24 vides for adjustments to baseline and goals 

25 for a load-serving entity to reflect changes 


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1 in the number of customers served, weath2 er conditions, and any other appropriate 

3 factors; 

4 (D) include a system and rules for meas5 urement and verification of demand reductions; 

6 and 

7 (E) coordinate with any existing com8 plementary programs or initiatives managed by 

9 load-serving entities, Regional Transmission Or10 ganizations, and States. 

11 (3) PUBLIC INPUT AND COMMENT.—The Sec12 retary shall develop the plan in a manner that pro13 vides appropriate opportunities for public input and 

14 comment. 

15 (4) ACTION PLAN UPDATES.—The Secretary 

16 shall— 

17 (A) update the action plan every 3 years; 

18 and 

19 (B) include the updated action plan in the 

20 national energy policy plan required by section 

21 801 of the Department of Energy Organization 

22 Act (42 U.S.C. 7321). 

23 (5) REPORT TO CONGRESS.—In updating the 

24 national electric system efficiency goal established 

25 under subsection (a), the Secretary shall submit to 


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1 the Committee on Energy and Natural Resources of 

2 the Senate and the Committee on Energy and Com3 merce of the House of Representatives a report de4 scribing— 

5 (A) progress made toward implementing 

6 the necessary policies to meet the national goal; 

7 (B) the resulting cost-savings to ratepayers 

8 and the United States economy; 

9 (C) the improvements to the reliability and 

10 efficiency of the United States electricity grid; 

11 and 

12 (D) any additional legal authorities nec13 essary to achieve the national goal. 

14 (6) PROGRESS REPORTING AND TRANSPARENCY

15 FOR RATEPAYERS.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretary shall es17 tablish a public domain website on which the Sec18 retary shall provide information and data dem19 onstrating progress by States, other jurisdictional 

20 entities, and load-serving entities in meeting the na21 tional electric system efficiency goal established 

22 under subsection (b). 

23 (7) NO IMPACT ON EXISTING STATE GOALS AND

24 STANDARDS.—Nothing in this section diminishes 

25 any authority of a State or political subdivision of a 


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1 State to adopt or enforce any law (including regula2 tions) that increases electricity grid efficiency, smart 

3 grid and distributed generation deployment, dynamic 

4 peak management control, demand response and dis5 tributed storage, or the regulation of load-serving 

6 entities. 

7 SEC. 296. UNIFORM NATIONAL STANDARDS FOR INTER8 CONNECTION OF CERTAIN SMALL POWER 

9 PRODUCTION FACILITIES. 

10 (a) FINDINGS.—Section 2 of the Public Utility Regu11 latory Policies Act of 1978 (16 U.S.C. 2601) is amend12 ed— 

13 (1) in paragraph (5), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (6), by striking the period at 

16 the end and inserting ‘‘, and’’; and 

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

18 ‘‘(7) uniform national standards for the inter19 connection of certain small power production facili20 ties.’’. 

21 (b) STANDARDS FOR INTERCONNECTION.— 

22 (1) IN GENERAL.—Subtitle B of title I of the 

23 Public Utility Regulatory Policies Act of 1978 (16 

24 U.S.C. 2621 et seq.) is amended by adding at the 

25 end the following: 


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1 ‘‘SEC. 118. INTERCONNECTION OF CERTAIN SMALL POWER 

2 PRODUCTION FACILITIES. 

3 ‘‘(a) STANDARD FOR FACILITIES OF 15 KILOWATTS

4 OR LESS.—The Commission shall establish a standard by 

5 which each electric utility shall make available, on request, 

6 interconnection service to any electric consumer that the 

7 electric utility serves with respect to any facility that gen8 erates up to 15 kilowatts of electric energy on the premises 

9 of the electric consumer. 

10 ‘‘(b) ENFORCEMENT.— 

11 ‘‘(1) BY THE COMMISSION.— 

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

13 paragraph (2), the Commission may enforce the 

14 standard established under subsection (a) 

15 against any electric utility. 

16 ‘‘(B) ADMINISTRATION.—The require17 ments of the standard shall be treated as a rule 

18 enforceable under the Federal Power Act (16 

19 U.S.C. 791a et seq.). 

20 ‘‘(2) BY A STATE REGULATORY AUTHORITY.— 

21 The Commission may enter into an agreement with 

22 a State regulatory authority to discontinue the en23 forcement of this section in the State by the Com24 mission if the Commission finds that the State or 

25 the State regulatory authority has adopted and is 

26 enforcing a standard for interconnection services 


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1 that is consistent with the standard established 

2 under subsection (a). 

3 ‘‘(3) RESUMPTION OF COMMISSION ENFORCE4 MENT.—The Commission may rescind an agreement 

5 under paragraph (2) and resume enforcement of the 

6 standard established under subsection (a) if, as de7 termined by the Commission, the State has failed to 

8 enforce a consistent State standard. 

9 ‘‘(c) EXPANDED STANDARD.— 

10 ‘‘(1) REPORT.—Not later than 3 years after the 

11 date of enactment of this section, the Commission 

12 shall submit to Congress a report on whether the 

13 standard established under subsection (a) should be 

14 amended to apply to facilities that generate up to 50 

15 kilowatts of electric energy on the premises of an 

16 electric consumer. 

17 ‘‘(2) AUTHORITY TO AMEND STANDARD.— 

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

19 subparagraph (B), if the Commission makes an 

20 affirmative determination under paragraph (1), 

21 the Commission may, after public notice and 

22 comment, amend the standard established 

23 under subsection (a) to apply to facilities that 

24 generate up to 50 kilowatts of electric energy 

25 on the premises of an electric consumer. 


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1 ‘‘(B) DISAPPROVAL.—Subparagraph (A) 

2 shall not apply if, during the first period of 90 

3 calendar days (not counting days on which ei4 ther House is not in session because of an ad5 journment of more than 3 days) of continuous 

6 session of Congress (broken only by an adjourn7 ment sine die) after the date of the receipt of 

8 the report under paragraph (1), a joint resolu9 tion is enacted disapproving the amendment of 

10 the standard 

11 ‘‘(d) MODEL STANDARD FOR FACILITIES OF UP TO

12 20 MEGAWATTS.—The Commission shall establish a 

13 model standard for the interconnection of small power pro14 duction facilities with a capacity greater than 15 kilo15 watts, but not greater than 20 megawatts, for the consid16 eration of State regulatory authorities under section 

17 111(d)(15).’’. 

18 (2) CONFORMING AMENDMENT.—The table of 

19 contents in section 1(b) of the Public Utility Regu20 latory Policies Act of 1978 (16 U.S.C. prec. 2601) 

21 is amended by adding at the end of the items relat22 ing to subtitle B of title I the following: 

‘‘Sec. 118. Interconnection of certain small power production facilities.’’. 


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1 TITLE III—IMPROVED ENERGY 

2 SECURITY 

3 Subtitle A—Cyber Security of the 

4 Electric Transmission Grid 

5 SEC. 301. CRITICAL ELECTRIC INFRASTRUCTURE. 

6 Part II of the Federal Power Act (16 U.S.C. 824 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE. 

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

10 ‘‘(1) CRITICAL ELECTRIC INFRASTRUCTURE.— 

11 The term ‘critical electric infrastructure’ means sys12 tems and assets, whether physical or virtual, used 

13 for the generation, transmission, or distribution of 

14 electric energy affecting interstate commerce that, as 

15 determined by the Commission or the Secretary (as 

16 appropriate), are so vital to the United States that 

17 the incapacity or destruction of the systems and as18 sets would have a debilitating impact on national se19 curity, national economic security, or national public 

20 health or safety. 

21 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE IN22 FORMATION.—The term ‘critical electric infrastruc23 ture information’ means critical infrastructure infor24 mation relating to critical electric infrastructure. 


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1 ‘‘(3) CRITICAL INFRASTRUCTURE INFORMA2 TION.—The term ‘critical infrastructure information’ 

3 has the meaning given the term in section 212 of the 

4 Critical Infrastructure Information Act of 2002 (6 

5 U.S.C. 131). 

6 ‘‘(4) CYBER SECURITY THREAT.—The term 

7 ‘cyber security threat’ means the imminent danger 

8 of an act that disrupts, attempts to disrupt, or poses 

9 a significant risk of disrupting the operation of pro10 grammable electronic devices or communications net11 works (including hardware, software, and data) es12 sential to the reliable operation of critical electric in13 frastructure. 

14 ‘‘(5) CYBER SECURITY VULNERABILITY.—The 

15 term ‘cyber security vulnerability’ means a weakness 

16 or flaw in the design or operation of any program17 mable electronic device or communication network 

18 that exposes critical electric infrastructure to a cyber 

19 security threat. 

20 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Energy. 

22 ‘‘(b) AUTHORITY OF COMMISSION.— 

23 ‘‘(1) IN GENERAL.—The Commission shall issue 

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1 ical electric infrastructure from cyber security 

2 vulnerabilities. 

3 ‘‘(2) EXPEDITED PROCEDURES.—The Commis4 sion may issue a rule or order without prior notice 

5 or hearing if the Commission determines the rule or 

6 order must be issued immediately to protect critical 

7 electric infrastructure from a cyber security vulner8 ability. 

9 ‘‘(3) CONSULTATION.—Before issuing a rule or 

10 order under paragraph (2), to the extent practicable, 

11 taking into account the nature of the threat and ur12 gency of need for action, the Commission shall con13 sult with the entities described in subsection (e)(1) 

14 and with officials at other Federal agencies, as ap15 propriate, regarding implementation of actions that 

16 will effectively address the identified cyber security 

17 vulnerabilities. 

18 ‘‘(4) TERMINATION OF RULES OR ORDERS.—A 

19 rule or order issued to address a cyber security vul20 nerability under this subsection shall expire on the 

21 effective date of a standard developed and approved 

22 pursuant to section 215 to address the cyber secu23 rity vulnerability. 

24 ‘‘(c) EMERGENCY AUTHORITY OF SECRETARY.— 


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1 ‘‘(1) IN GENERAL.—If the Secretary determines 

2 that immediate action is necessary to protect critical 

3 electric infrastructure from a cyber security threat, 

4 the Secretary may require, by order, with or without 

5 notice, persons subject to the jurisdiction of the 

6 Commission under this section to take such actions 

7 as the Secretary determines will best avert or miti8 gate the cyber security threat. 

9 ‘‘(2) COORDINATION WITH CANADA AND MEX10 ICO.—In exercising the authority granted under this 

11 subsection, the Secretary is encouraged to consult 

12 and coordinate with the appropriate officials in Can13 ada and Mexico responsible for the protection of 

14 cyber security of the interconnected North American 

15 electricity grid. 

16 ‘‘(3) CONSULTATION.—Before exercising the 

17 authority granted under this subsection, to the ex18 tent practicable, taking into account the nature of 

19 the threat and urgency of need for action, the Sec20 retary shall consult with the entities described in 

21 subsection (e)(1) and with officials at other Federal 

22 agencies, as appropriate, regarding implementation 

23 of actions that will effectively address the identified 

24 cyber security threat. 


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1 ‘‘(4) COST RECOVERY.—The Commission shall 

2 establish a mechanism that permits public utilities to 

3 recover prudently incurred costs required to imple4 ment immediate actions ordered by the Secretary 

5 under this subsection. 

6 ‘‘(d) DURATION OF EXPEDITED OR EMERGENCY

7 RULES OR ORDERS.—Any rule or order issued by the 

8 Commission without prior notice or hearing under sub9 section (b)(2) or any order issued by the Secretary under 

10 subsection (c) shall remain effective for not more than 90 

11 days unless, during the 90 day-period, the Commission— 

12 ‘‘(1) gives interested persons an opportunity to 

13 submit written data, views, or arguments (with or 

14 without opportunity for oral presentation); and 

15 ‘‘(2) affirms, amends, or repeals the rule or 

16 order. 

17 ‘‘(e) JURISDICTION.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding section 

19 201, this section shall apply to any entity that owns, 

20 controls, or operates critical electric infrastructure. 

21 ‘‘(2) COVERED ENTITIES.— 

22 ‘‘(A) IN GENERAL.—An entity described in 

23 paragraph (1) shall be subject to the jurisdic24 tion of the Commission for purposes of— 

25 ‘‘(i) carrying out this section; and 


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1 ‘‘(ii) applying the enforcement au2 thorities of this Act with respect to this 

3 section. 

4 ‘‘(B) JURISDICTION.—This subsection 

5 shall not make an electric utility or any other 

6 entity subject to the jurisdiction of the Commis7 sion for any other purpose. 

8 ‘‘(3) ALASKA AND HAWAII EXCLUDED.—Except 

9 as provided in subsection (f), nothing in this section 

10 shall apply in the State of Alaska or Hawaii. 

11 ‘‘(f) DEFENSE FACILITIES.—Not later than 1 year 

12 after the date of enactment of this section, the Secretary 

13 of Defense shall prepare, in consultation with the Sec14 retary, the States of Alaska and Hawaii, the Territory of 

15 Guam, and the electric utilities that serve national defense 

16 facilities in those States and Territory, a comprehensive 

17 plan that identifies the emergency measures or actions 

18 that will be taken to protect the reliability of the electric 

19 power supply of the national defense facilities located in 

20 those States and Territory in the event of an imminent 

21 cybersecurity threat. 

22 ‘‘(g) PROTECTION OF CRITICAL ELECTRIC INFRA23 STRUCTURE INFORMATION.— 

24 ‘‘(1) IN GENERAL.—Section 214 of the Critical 

25 Infrastructure Information Act of 2002 (6 U.S.C. 


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1 133) shall apply to critical electric infrastructure in2 formation submitted to the Commission or the Sec3 retary under this section to the same extent as that 

4 section applies to critical infrastructure information 

5 voluntarily submitted to the Department of Home6 land Security under that Act (6 U.S.C. 131 et seq.). 

7 ‘‘(2) RULES PROHIBITING DISCLOSURE.—Not8 withstanding section 552 of title 5, United States 

9 Code, the Secretary and the Commission shall pre10 scribe regulations prohibiting disclosure of informa11 tion obtained or developed in ensuring cyber security 

12 under this section if the Secretary or Commission, 

13 as appropriate, decides disclosing the information 

14 would be detrimental to the security of critical elec15 tric infrastructure. 

16 ‘‘(3) PROCEDURES FOR SHARING INFORMA17 TION.— 

18 ‘‘(A) IN GENERAL.—The Secretary and the 

19 Commission shall establish procedures on the 

20 release of critical infrastructure information to 

21 entities subject to this section, to the extent 

22 necessary to enable the entities to implement 

23 rules or orders of the Commission or the Sec24 retary. 


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1 ‘‘(B) REQUIREMENTS.—The procedures 

2 shall— 

3 ‘‘(i) limit the redissemination of infor4 mation described in subparagraph (A) to 

5 ensure that the information is not used for 

6 an unauthorized purpose; 

7 ‘‘(ii) ensure the security and confiden8 tiality of the information; 

9 ‘‘(iii) protect the constitutional and 

10 statutory rights of any individuals who are 

11 subjects of the information; and 

12 ‘‘(iv) provide data integrity through 

13 the timely removal and destruction of obso14 lete or erroneous names and information.’’. 

15 Subtitle B—Nuclear Energy 

16 SEC. 311. NATIONAL COMMISSION ON NUCLEAR WASTE. 

17 The Nuclear Waste Policy Act of 1982 (42 U.S.C. 

18 10101 et seq.) is amended by adding at the end the fol19 lowing: 

20 ‘‘TITLE VI—NATIONAL COMMIS21 SION ON NUCLEAR WASTE 

22 ‘‘SEC. 601. ESTABLISHMENT OF COMMISSION. 

23 ‘‘There is established a Federal advisory committee 

24 to be known as the ‘National Commission on Nuclear 


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1 Waste’ (referred to in this title as the ‘National Commis2 sion’). 

3 ‘‘SEC. 602. PURPOSES. 

4 ‘‘The purposes of the National Commission are— 

5 ‘‘(1) to conduct a comprehensive study of alter6 native means of safely managing or disposing of 

7 spent nuclear fuel and high-level radioactive waste 

8 from civilian nuclear activity and atomic energy de9 fense activity; and 

10 ‘‘(2) to recommend to Congress such legislative 

11 or other action as may be necessary to manage or 

12 dispose of spent nuclear fuel and high-level radio13 active waste successfully and safely. 

14 ‘‘SEC. 603. COMPOSITION OF THE NATIONAL COMMISSION. 

15 ‘‘(a) MEMBERS.—The National Commission shall be 

16 composed of 11 members appointed by the President from 

17 among prominent United States citizens with national rec18 ognition and significant depth of experience in such pro19 fessions as government service, public administration, nat20 ural or physical sciences, engineering, and public health 

21 and safety. 

22 ‘‘(b) EXCLUSION.—An officer or employee of the 

23 Federal Government or any State or local government may 

24 not serve as a member of the National Commission. 


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1 ‘‘(c) BALANCE.—The membership of the National 

2 Commission shall be fairly balanced in terms of the points 

3 of view represented and functions to be performed by the 

4 National Commission. Not more than 6 members of the 

5 National Commission shall be members of the same polit6 ical party. 

7 ‘‘(d) INDEPENDENCE.—The advice and recommenda8 tions of the National Commission shall result from the Na9 tional Commission’s independent judgment and shall not 

10 be inappropriately influenced by any special interest. 

11 ‘‘(e) CHAIRMAN.—The President shall designate a 

12 chairman (referred to in this title as the ‘Chairman’) from 

13 among the members of the National Commission. 

14 ‘‘SEC. 604. FUNCTIONS. 

15 ‘‘(a) STUDY OF ALTERNATIVE WASTE MANAGEMENT

16 STRATEGIES.—The National Commission shall— 

17 ‘‘(1) examine alternative means of safely man18 aging and disposing of spent nuclear fuel and high19 level radioactive waste from civilian nuclear activity 

20 and atomic defense activity, including— 

21 ‘‘(A) deep geologic disposal of spent nu22 clear fuel and high-level radioactive waste in a 

23 repository; 


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1 ‘‘(B) long-term storage of spent nuclear 

2 fuel and high-level radioactive waste at the sites 

3 where it is currently stored or being generated; 

4 ‘‘(C) long-term storage of spent nuclear 

5 fuel and high-level radioactive waste at 1 or 

6 more regional storage facilities; 

7 ‘‘(D) chemical reprocessing of spent nu8 clear fuel with uranium and plutonium recy9 cling; and 

10 ‘‘(E) such other alternatives or combina11 tion of alternatives to managing and disposing 

12 of spent nuclear fuel and high-level radioactive 

13 waste as the National Commission determines 

14 to be reasonable; and 

15 ‘‘(2) evaluate, for each of the alternatives con16 sidered under paragraph (1)— 

17 ‘‘(A) the degree to which the alternative 

18 will isolate spent nuclear fuel and high-level ra19 dioactive waste from the public and the environ20 ment; 

21 ‘‘(B) the degree to which the alternative 

22 will expose workers, the general public, and the 

23 environment to radiation during the handling, 

24 treatment, or processing of spent nuclear fuel 


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1 and high-level radioactive waste prior to final 

2 disposition; 

3 ‘‘(C) the degree to which the alternative 

4 will be secure from attack or intrusion; 

5 ‘‘(D) the risk of nuclear proliferation posed 

6 by the alternative; 

7 ‘‘(E) the total life cycle cost of the alter8 native; 

9 ‘‘(F) the length of time needed to site, li10 cense, and construct necessary facilities; 

11 ‘‘(G) the degree to which spent nuclear 

12 fuel and high-level radioactive waste will need 

13 to be transported between facilities; and 

14 ‘‘(H) the cumulative effect of the alter15 native on the environment, and measures that 

16 can be taken to avoid or minimize adverse ef17 fects of the alternative on the environment. 

18 ‘‘(b) REVIEW OF PRIOR REPOSITORY PROGRAM.— 

19 The National Commission shall— 

20 ‘‘(1) review the efforts of the Department to 

21 implement the programs under title I and identify 

22 any deficiencies in the implementation of those pro23 grams; and 


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1 ‘‘(2) recommend any measures to ensure that 

2 future efforts to site a repository or storage facility 

3 will— 

4 ‘‘(A) provide a reasonable assurance that 

5 the public and the environment will be ade6 quately protected from the hazards posed by 

7 spent nuclear fuel or high-level radioactive 

8 waste stored or disposed of in the facility; and 

9 ‘‘(B) be acceptable to the public. 

10 ‘‘(c) REVIEW OF REPROCESSING AND ADVANCED

11 FUEL CYCLE PROGRAMS.—The National Commission 

12 shall— 

13 ‘‘(1) review foreign and domestic programs to 

14 reprocess commercial spent nuclear fuel; 

15 ‘‘(2) assess the technical challenges of devel16 oping and validating the safe operation of the proc17 esses and systems required to recycle commercial 

18 spent nuclear fuel without separating plutonium, in19 cluding the time and funding resources likely to be 

20 required; 

21 ‘‘(3) evaluate the regulatory adequacy of health 

22 and safety standards for radionuclide release from 

23 recycling facilities and recycled fuel fabrication fa24 cilities; 


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1 ‘‘(4) assess the probable forms of the final 

2 wastes resulting from reprocessing operations, in3 cluding how such wastes would be stored and main4 tained pending disposal; and 

5 ‘‘(5) analyze the technical, economic, environ6 mental, and health and safety advantages and dis7 advantages of reprocessing spent nuclear fuel com8 pared to disposal in a geologic repository. 

9 ‘‘(d) STUDY OF INCENTIVES PROGRAM.—The Na10 tional Commission shall— 

11 ‘‘(1) examine the economic and other impacts of 

12 hosting a nuclear waste repository, reprocessing fa13 cility, or regional storage facility on the host State, 

14 any affected Indian tribe, and any affected unit of 

15 local government; and 

16 ‘‘(2) recommend measures it determines nec17 essary or advisable to provide economic compensa18 tion and incentives to a State, Indian tribe, or unit 

19 of local government that agrees to host a repository, 

20 reprocessing facility, or regional storage facility. 

21 ‘‘(e) STUDY OF ALTERNATIVE MEANS OF MANAGING

22 AND OPERATING THE NUCLEAR WASTE PROGRAM.—The 

23 National Commission shall— 

24 ‘‘(1) study alternative approaches to managing 

25 the construction and operation of civilian nuclear 


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1 waste management facilities, including the feasibility 

2 of establishing a private corporation for such pur3 poses; and 

4 ‘‘(2) recommend whether responsibility for 

5 managing the siting, construction, and operation, 

6 and monitoring of civilian nuclear waste manage7 ment facilities should continue to be vested in the 

8 Secretary or whether it should be transferred to an 

9 alternative Federal agency or entity. 

10 ‘‘(f) STUDY OF ALTERNATIVE MEANS OF FINANC11 ING.—The National Commission shall— 

12 ‘‘(1) examine the cost of carrying out nuclear 

13 waste management activities; 

14 ‘‘(2) evaluate the adequacy of the Waste Fund; 

15 and 

16 ‘‘(3) recommend measures the National Com17 mission determines necessary or advisable for— 

18 ‘‘(A) the disposition of balances remaining 

19 in the Waste Fund; and 

20 ‘‘(B) the collection and disposition of any 

21 additional fees that may be needed to ensure 

22 that the cost of carrying out nuclear waste dis23 posal activities are fully recovered from the per24 sons responsible for generating such waste. 


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1 ‘‘SEC. 605. ADMINISTRATION. 

2 ‘‘(a) COMPENSATION.—Each member of the National 

3 Commission shall be compensated at the daily equivalent 

4 of the annual rate of basic pay in effect for a position 

5 at level IV of the Executive Schedule under section 5315 

6 of title 5, United States Code, for each day the member 

7 is engaged in the work of the National Commission. 

8 ‘‘(b) TRAVEL EXPENSES.—Each member of the Na9 tional Commission may receive travel expenses, including 

10 per diem in lieu of subsistence, in the same manner as 

11 person employed intermittently in the Federal Government 

12 service under section 5703 of title 5, United States Code. 

13 ‘‘(c) STAFF.—The Chairman is authorized to appoint 

14 and fix the compensation of a staff director and such other 

15 personnel as may be necessary to enable the National 

16 Commission to carry out its functions, subject to the appli17 cable provisions of the Federal Advisory Committee Act 

18 (5 U.S.C. App.) and title 5, United States Code. 

19 ‘‘(d) DETAILEES.— 

20 ‘‘(1) IN GENERAL.—Any Federal Government 

21 employee may be detailed to the National Commis22 sion without reimbursement from the National Com23 mission. 

24 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

25 (1), no employee of the Department may be detailed 

26 to the National Commission. 


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1 ‘‘(3) EFFECT ON DETAILEE.—Any such detailee 

2 shall retain the rights, status, and privileges of his 

3 or her regular employment without interruption. 

4 ‘‘(e) CONSULTANTS.—The National Commission may 

5 procure the services of experts and consultants in accord6 ance with section 3109 of title 5, United States Code. 

7 ‘‘(f) CONTRACTING.—The National Commission may, 

8 to the extent funds are available under this title or subse9 quent appropriation Acts, enter into contracts to enable 

10 the National Commission to discharge its duties under this 

11 title. 

12 ‘‘(g) INFORMATION FROM FEDERAL AGENCIES.— 

13 The National Commission may request any Federal agen14 cy, including the Nuclear Waste Technical Review Board, 

15 to furnish such information, advice, or assistance as it de16 termines necessary to carry out its functions, and each 

17 such agency shall, to the extent permitted by law, furnish 

18 such information, advice, or assistance upon the request 

19 of the Chairman. 

20 ‘‘(h) ASSISTANCE FROM THE GENERAL SERVICES

21 ADMINISTRATION.—The Administrator of General Serv22 ices shall, upon the request of the Chairman, provide the 

23 National Commission with necessary administrative serv24 ices, facilities, and support, on a reimbursable basis. 


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1 ‘‘(i) POSTAL SERVICES.—The National Commission 

2 may use the United States mails in the same manner and 

3 under the same conditions as a Federal agency. 

4 ‘‘SEC. 606. REPORT. 

5 ‘‘The National Commission shall submit to the Presi6 dent and Congress a final report containing the National 

7 Commission’s findings, conclusions, and recommendations 

8 not later than 2 years after the date of enactment of this 

9 Act. 

10 ‘‘SEC. 607. FUNDING. 

11 ‘‘(a) TRANSFER OF FUNDS.—Notwithstanding sec12 tion 302(d), of the amounts authorized to be appropriated 

13 to the Secretary from the Waste Fund under the heading 

14 ‘NUCLEAR WASTE DISPOSAL’ under title III of division 

15 C of the Omnibus Appropriations Act, 2009 (Public Law 

16 111–8; 123 Stat. 618), $3,000,000 shall be transferred 

17 to the National Commission for purposes of carrying out 

18 this title. 

19 ‘‘(b) DURATION OF AVAILABILITY.—Except as pro20 vided in section 608(b), amounts made available to the 

21 National Commission under subsection (a) shall remain 

22 available until expended or the termination of the National 

23 Commission. 


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1 ‘‘SEC. 608. TERMINATION. 

2 ‘‘(a) IN GENERAL.—The National Commission, and 

3 all authorities under this title, shall terminate 60 days 

4 after the date on which the final report is submitted under 

5 section 606. 

6 ‘‘(b) UNEXPENDED FUNDS.—Any funds made avail7 able to the National Commission under section 607 that 

8 are not expended by the National Commission by the date 

9 on which the National Commission is terminated under 

10 subsection (a) shall be deposited in the general fund of 

11 the Treasury.’’. 

12 SEC. 312. SENSE OF CONGRESS REGARDING THE STRA13 TEGIC ROLE OF NUCLEAR ENERGY. 

14 (a) FINDINGS.—Congress finds that— 

15 (1) nuclear energy is a strategic technology and 

16 should be recognized for— 

17 (A) providing clean and secure domestic 

18 energy for the United States; and 

19 (B) reducing greenhouse gases; 

20 (2) the use and expansion of nuclear energy 

21 technology is essential for— 

22 (A) the production of electricity and other 

23 industrial applications; and 

24 (B) the reduction of greenhouse gas emis25 sions; 


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1 (3) it is the continuing obligation of the Federal 

2 Government to provide for the safe disposal of spent 

3 nuclear fuel and high-level radioactive waste, includ4 ing the development of any analysis or assessment 

5 that is required to establish a sustainable, long-term 

6 program for the management of spent nuclear fuel 

7 and high-level radioactive waste; 

8 (4) spent nuclear fuel and high-level radioactive 

9 waste should be stored in a limited number of se10 cure, centralized facilities; 

11 (5) to encourage State and local support for the 

12 establishment of centralized spent nuclear fuel and 

13 high-level radioactive waste storage facilities, the 

14 Federal Government should expedite the conduct of 

15 a sustainable long-term management program; 

16 (6) the reprocessing of spent nuclear fuel 

17 may— 

18 (A) reduce the burden on geological reposi19 tories for ultimate waste disposal; and 

20 (B) provide additional fuel for nuclear re21 actors; and 

22 (7) advanced technologies in spent fuel recy23 cling and advanced reactors may— 

24 (A) further reduce the volume and radioac25 tivity of high-level radioactive waste; and 


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1 (B) provide for a closed fuel cycle that will 

2 generate additional fuel for nuclear reactors. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Federal Government should reaffirm the 

5 policy of the United States— 

6 (1) to support the use and expansion of nuclear 

7 energy technology for— 

8 (A) the production of electricity and other 

9 industrial applications; and 

10 (B) the reduction of greenhouse gas emis11 sions; and 

12 (2) to fulfill the obligation of the Federal Gov13 ernment with respect to spent nuclear fuel and high14 level radioactive waste. 

15 SEC. 313. ADVANCED FUEL RECYCLING PROCESS DEVELOP16 MENT. 

17 Section 953 of the Energy Policy Act of 2005 (42 

18 U.S.C. 16273) is amended— 

19 (1) in subsection (b), by striking ‘‘Research’’; 

20 and 

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

22 ‘‘(e) ADVANCED FUEL RECYCLING PROCESS DEVEL23 OPMENT.— 

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1 section (g), the term ‘advanced fuel recycling proc2 ess’ means an integrated, proliferation-resistant, 

3 spent nuclear fuel recycling or transmutation process 

4 that— 

5 ‘‘(A) does not separate pure plutonium; 

6 ‘‘(B) reduces the burden on geological re7 positories for ultimate waste disposal; 

8 ‘‘(C) minimizes environmental and public 

9 health and safety impacts; and 

10 ‘‘(D) is an alternative to reprocessing tech11 nologies deployed prior to the date of enactment 

12 of this subsection. 

13 ‘‘(2) DESIGN, CRITERIA, AND EVALUATIONS.— 

14 In addition to the activities authorized under sub15 section (a), the Secretary shall— 

16 ‘‘(A) complete the development and testing 

17 of a complete and integrated process flowsheet 

18 for all steps involved in an advanced fuel recy19 cling process; 

20 ‘‘(B) characterize the waste streams result21 ing from all steps in the advanced fuel recycling 

22 process identified under subparagraph (A); 

23 ‘‘(C) develop waste treatment processes 

24 and designs for disposal facilities for waste 

25 streams characterized under subparagraph (B); 


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1 ‘‘(D) on completion of sufficient technical 

2 progress in the program, as evaluated under 

3 subsection (g)— 

4 ‘‘(i) develop a generic environmental 

5 impact statement for the technologies de6 veloped under this subsection; and 

7 ‘‘(ii) conduct design and engineering 

8 work sufficient to develop firm cost esti9 mates with respect to the development of 

10 advanced fuel recycling processes; and 

11 ‘‘(E) cooperate with the Nuclear Regu12 latory Commission in making facilities of the 

13 Department available to the Commission for 

14 purposes of the Commission carrying out inde15 pendent, confirmatory research as part of the li16 censing process for facilities constructed or 

17 used under the program. 

18 ‘‘(f) REGULATORY STANDARDS.— 

19 ‘‘(1) IN GENERAL.—The Nuclear Regulatory 

20 Commission shall have licensing and related regu21 latory authority under the Atomic Energy Act of 

22 1954 (42 U.S.C. 2011 et seq.) over facilities that 

23 use an advanced fuel recycling process. 

24 ‘‘(2) REVISION OF APPLICABLE STANDARDS.— 


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1 ‘‘(A) NUCLEAR REGULATORY COMMIS2 SION.—The Nuclear Regulatory Commission 

3 shall establish standards for protection against 

4 radiation (including occupational exposures) re5 sulting from activities at facilities that use an 

6 advanced fuel recycling process, including facili7 ties to fabricate fuel enriched with actinide ele8 ments other than uranium. 

9 ‘‘(B) ENVIRONMENTAL PROTECTION AGEN10 CY.—The Administrator of the Environmental 

11 Protection Agency shall establish generally ap12 plicable environmental standards for the protec13 tion of the public and the general environment 

14 from radioactive material released from facili15 ties that use an advanced fuel recycling process, 

16 including facilities to fabricate fuel enriched 

17 with actinide elements other than uranium. 

18 ‘‘(g) COMPREHENSIVE EVALUATION.— 

19 ‘‘(1) IN GENERAL.—On completion of sufficient 

20 technical progress in the program under subsection 

21 (e), the Secretary shall direct the Nuclear Energy 

22 Advisory Committee and the Nuclear Waste Tech23 nical Review Board to evaluate and prepare reports 

24 concerning the readiness of the program for detailed 


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1 design, engineering, licensing, and deployment of ad2 vanced fuel recycling processes. 

3 ‘‘(2) REPORT.—The Secretary shall submit to 

4 Congress the reports of the Nuclear Energy Advi5 sory Committee and the Nuclear Waste Technical 

6 Review Board described in paragraph (1) with the 

7 first budget request submitted to carry out activities 

8 covered by the reports.’’. 

9 Subtitle C—Improving United 

10 States Strategic Reserves 

11 SEC. 321. PETROLEUM PRODUCT RESERVE. 

12 (a) STRATEGIC PETROLEUM RESERVE.—Section 

13 154(a) of the Energy Policy and Conservation Act (42 

14 U.S.C. 6234(a)) is amended by striking ‘‘1 billion barrels 

15 of petroleum products’’ and inserting ‘‘1,000,000,000 bar16 rels of petroleum products (including at least 30,000,000 

17 barrels of refined petroleum products)’’. 

18 (b) PLAN.—Title I of the Energy Policy and Con19 servation Act is amended by inserting after section 154 

20 (42 U.S.C. 6234) the following: 

21 ‘‘SEC. 155. PLAN. 

22 ‘‘Not later than 180 days after the date of enactment 

23 of this section, the Secretary shall submit to the President 

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1 clude refined petroleum products in the Strategic Petro2 leum Reserve, including a description of— 

3 ‘‘(1) the disposition of refined petroleum prod4 ucts that shall be stored in the Reserve, which shall 

5 be selected— 

6 ‘‘(A) to alleviate shortages that might be 

7 expected to result from hurricanes, earth8 quakes, or other acts of nature; and 

9 ‘‘(B) to minimize the number of different 

10 kinds of refined petroleum products that shall 

11 be stored; 

12 ‘‘(2) the method of acquisition of refined petro13 leum products for storage in the Reserve, which 

14 shall— 

15 ‘‘(A) be intended to minimize both the cost 

16 and market disruption associated with the ac17 quisition; and 

18 ‘‘(B) include— 

19 ‘‘(i) an analysis of the option of ex20 changing crude oil from the Reserve for re21 fined petroleum products; and 

22 ‘‘(ii) the anticipated time requirement 

23 for building the inventory of refined petro24 leum products; 


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1 ‘‘(3) storage facility options for the storage of 

2 refined petroleum products, including the anticipated 

3 location of existing or new facilities; 

4 ‘‘(4) the estimated costs of establishment, main5 tenance, and operation of the refined petroleum 

6 product component of the Reserve; 

7 ‘‘(5) efforts the Department will take to ensure 

8 that distributors and importers are not discouraged 

9 from maintaining and increasing supplies of refined 

10 petroleum products; and 

11 ‘‘(6) actions that will be taken to ensure quality 

12 of refined petroleum products in the Reserve, includ13 ing the rotation of products stored.’’. 

14 (c) DRAWDOWN AND SALE.—Section 161 of the En15 ergy Policy and Conservation Act (42 U.S.C. 6241) is 

16 amended— 

17 (1) by striking subsection (d) and inserting the 

18 following: 

19 ‘‘(d) LIMITATION ON DRAWDOWN AND SALE.— 

20 ‘‘(1) IN GENERAL.—The drawdown and sale of 

21 petroleum products from the Strategic Petroleum 

22 Reserve may not be made unless the Secretary de23 termines that— 

24 ‘‘(A) the drawdown and sale are required 

25 by— 


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1 ‘‘(i) a severe energy market supply 

2 disruption; or 

3 ‘‘(ii) obligations of the United States 

4 under the international energy program; or 

5 ‘‘(B) in the case of the refined petroleum 

6 product component of the Reserve, a sale of re7 fined petroleum products will mitigate the im8 pacts of weather-related events or other acts of 

9 nature that have resulted in a severe energy 

10 market supply disruption. 

11 ‘‘(2) SEVERE ENERGY MARKET SUPPLY DISRUP12 TION.—For purpose of this subsection, a severe en13 ergy market supply disruption shall be considered to 

14 exist if the Secretary determines that— 

15 ‘‘(A) an emergency situation exists and 

16 there is a disruption in global oil market sup17 plies of significant scope and duration; 

18 ‘‘(B) a severe increase in the price of pe19 troleum products has resulted, or is likely to re20 sult, from the emergency situation; and 

21 ‘‘(C) the price increase is likely to cause a 

22 major adverse impact on the national econ23 omy.’’; and 


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1 (2) in subsections (h)(1) and (i), by striking 

2 ‘‘President’’ each place it appears and inserting 

3 ‘‘Secretary’’. 

4 SEC. 322. PETROLEUM EXCHANGE AUTHORITY. 

5 (a) PETROLEUM PRODUCTS FOR STORAGE IN STRA6 TEGIC PETROLEUM RESERVE.—Section 160(a) of the En7 ergy Policy and Conservation Act (42 U.S.C. 6240(a)) is 

8 amended— 

9 (1) by redesignating paragraphs (1) through 

10 (3) as subparagraphs (A) through (C), respectively, 

11 and indenting the subparagraphs appropriately; 

12 (2) in subparagraph (A) (as redesignated by 

13 paragraph (1)), by inserting a semicolon at the end; 

14 (3) in subparagraph (C) (as redesignated by 

15 paragraph (1)), by inserting ‘‘in accordance with 

16 paragraph (2),’’ before ‘‘petroleum products’’; 

17 (4) by striking ‘‘(a) The Secretary’’ and insert18 ing the following: 

19 ‘‘(a) AUTHORITY OF SECRETARY.— 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

22 ‘‘(2) MONETARY COMPENSATION.—In acquiring 

23 petroleum products under paragraph (1)(C), the 

24 Secretary may accept monetary compensation for 


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1 differences in volume, quality, or time of delivery as 

2 a result of— 

3 ‘‘(A) exchanges or deferrals of deliveries in 

4 the event that the reserve inventory is at the 

5 rated capacity of the reserve inventory; or 

6 ‘‘(B) discrepancies in delivered volumes 

7 with respect to contractual volumes.’’. 

8 (b) SPR PETROLEUM ACCOUNT.—Section 167(b) of 

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

10 6247(b)) is amended— 

11 (1) by redesignating paragraphs (2) and (3) as 

12 paragraphs (1) and (2), respectively; 

13 (2) in paragraph (1) (as redesignated by para14 graph (1)), by striking ‘‘; and’’ and inserting a semi15 colon; 

16 (3) in paragraph (2) (as redesignated by para17 graph (1)), by striking the period at the end and in18 serting ‘‘; and’’; and 

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

20 ‘‘(3) notwithstanding section 660 of the Depart21 ment of Energy Organization Act (42 U.S.C. 7270), 

22 for each fiscal year, in an aggregate amount equal 

23 to the aggregate amount of the receipts to the 

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1 ucts or discrepancies in delivered volume under sec2 tion 160 (including section 160(a)(1)(C)).’’. 

3 Subtitle D—Federal Oil and Gas 

4 Development 

5 PART I—OIL AND GAS LEASING 

6 SEC. 331. OIL AND GAS PERMIT PROCESSING IMPROVE7 MENT FUND. 

8 Section 35(c) of the Mineral Leasing Act (30 U.S.C. 

9 191(c)) is amended by adding at the end the following: 

10 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated from the 

12 Fund, or to the extent adequate funds in the Fund 

13 are not available from miscellaneous receipts of the 

14 Treasury, for the coordination and processing of oil 

15 and gas use authorizations and for oil and gas in16 spection and enforcement on onshore Federal land 

17 under the jurisdiction of the Pilot Project offices de18 scribed in section 365(d) of the Energy Policy Act 

19 of 2005 (42 U.S.C. 15924(d)) $20,000,000 for each 

20 of fiscal years 2016 through 2020, to remain avail21 able until expended.’’. 


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1 SEC. 332. FACILITATION OF COPRODUCTION OF GEO2 THERMAL ENERGY ON OIL AND GAS LEASES. 

3 Section 4(b) of the Geothermal Steam Act of 1970 

4 (30 U.S.C. 1003(b)) is amended by adding at the end the 

5 following: 

6 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

7 Land under an oil and gas lease issued pursuant to 

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

9 the Mineral Leasing Act for Acquired Lands (30 

10 U.S.C. 351 et seq.) that is subject to an approved 

11 application for permit to drill and from which oil 

12 and gas production is occurring may be available for 

13 leasing under subsection (c) by the holder of the oil 

14 and gas lease— 

15 ‘‘(A) on a determination that— 

16 ‘‘(i) geothermal energy will be pro17 duced from a well producing or capable of 

18 producing oil and gas; and 

19 ‘‘(ii) the public interest will be served 

20 by the issuance of such a lease; and 

21 ‘‘(B) in order to provide for the coproduc22 tion of geothermal energy with oil and gas.’’. 


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1 PART II—OUTER CONTINENTAL SHELF 

2 SEC. 341. IMPLEMENTATION OF INVENTORY OF OUTER 

3 CONTINENTAL SHELF RESOURCES. 

4 (a) IN GENERAL.—Section 357 of the Energy Policy 

5 Act of 2005 (42 U.S.C. 15912) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking the first sentence of the 

8 matter preceding paragraph (1) and inserting 

9 the following: ‘‘The Secretary shall conduct a 

10 seismic inventory of oil and natural gas, and 

11 prepare a summary (the latter prepared with 

12 the assistance of, and based on information pro13 vided by, the heads of appropriate Federal 

14 agencies) of the information obtained under 

15 paragraph (3), for the waters of the United 

16 States Outer Continental Shelf (referred to in 

17 this section as the ‘OCS’) in the Atlantic Re18 gion, the Eastern Gulf of Mexico, and the Alas19 ka Region.’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘3-D’’ and inserting 

22 ‘‘2-D and 3-D’’; and 

23 (ii) by adding ‘‘and’’ at the end; and 

24 (C) by striking paragraphs (3) through (5) 

25 and inserting in the following: 


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1 ‘‘(3) use existing inventories and mapping of 

2 marine resources undertaken by the National Ocean3 ographic and Atmospheric Administration and with 

4 the assistance of and based on information provided 

5 by the Department of Defense and other Federal 

6 and State agencies possessing relevant data, and use 

7 any available data regarding alternative energy po8 tential, navigation uses, fisheries, aquaculture uses, 

9 recreational uses, habitat, conservation, and military 

10 uses.’’; and 

11 (2) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) IMPLEMENTATION.—The Secretary shall carry 

14 out the inventory and analysis under subsection (a) in 3 

15 phases, with priority given to all or part of applicable plan16 ning areas of the outer Continental Shelf— 

17 ‘‘(1) estimated to have the greatest potential for 

18 energy development in barrel of oil equivalent; and 

19 ‘‘(2) outside of any leased area or area sched20 uled for leasing prior to calendar year 2011 under 

21 any outer Continental Shelf 5-year leasing program 

22 or amendment to the program under section 18 of 

23 the Outer Continental Shelf Lands Act (43 U.S.C. 

24 1344). 

25 ‘‘(c) REPORTS.— 


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

2 after the date of enactment of this paragraph, the 

3 Secretary shall submit to the Committee on Energy 

4 and Natural Resources of the Senate and the Com5 mittee on Natural Resources of the House of Rep6 resentatives a report that provides a plan for exe7 cuting the seismic inventories required under this 

8 section, including an estimate of the costs to com9 plete the seismic inventory by region and environ10 mental and permitting activities to facilitate expedi11 tious completion. 

12 ‘‘(2) FIRST PHASE.—Not later than 2 years 

13 after the date of enactment of this paragraph, the 

14 Secretary shall submit to Congress a report describ15 ing the results of the first phase of the inventory 

16 and analysis under subsection (a). 

17 ‘‘(3) SUBSEQUENT PHASES.—Not later than 2 

18 years after the date on which the report is submitted 

19 under paragraph (2) and 2 years thereafter, the Sec20 retary shall submit to Congress a report describing 

21 the results of the second and third phases, respec22 tively, of the inventory and analysis under subsection 

23 (a). 

24 ‘‘(4) PUBLIC AVAILABILITY.—A report sub25 mitted under paragraph (2) or (3) shall be— 


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1 ‘‘(A) made publicly available; and 

2 ‘‘(B) updated not less frequently than once 

3 every 5 years.’’. 

4 (b) RELATIONSHIP TO 5-YEAR PROGRAM.—The re5 quirement that the Secretary of the Interior carry out the 

6 inventory required by the amendment made by subsection 

7 (a) shall not be considered to require, authorize, or provide 

8 a basis or justification for delay by the Secretary of the 

9 Interior or any other agency of the issuance of any outer 

10 Continental Shelf leasing program or amendment to the 

11 program under section 18 of the Outer Continental Shelf 

12 Lands Act (43 U.S.C. 1344), or any lease sale pursuant 

13 to that section. 

14 (c) PERMITS.—Nothing in this section or an amend15 ment made by this section precludes the issuance by the 

16 Secretary of the Interior of a permit to conduct geological 

17 and geophysical exploration of the outer Continental Shelf 

18 in accordance with the Outer Continental Shelf Lands Act 

19 (43 U.S.C. 1331 et seq.) and other applicable law. 

20 (d) FUNDING.—Section 999H(d) of the Energy Pol21 icy Act of 2005 (42 U.S.C. 16378(d)) is amended— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1) 35 percent shall be used for activities 

25 under section 999A(b)(1), except that for each of 


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1 fiscal years 2010 through 2015 the amount made 

2 available under this paragraph shall be used to carry 

3 out section 357 (for the completion of necessary en4 vironmental analyses under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

6 with a priority given to completion of programmatic 

7 environmental impact statements necessary to carry 

8 out the seismic inventory or portions of the inven9 tory required by section 357, and the use of seismic 

10 technology to obtain accurate resource estimates).’’; 

11 and 

12 (2) in paragraph (4)— 

13 (A) by inserting ‘‘(A) except as provided in 

14 subparagraph (B),’’ before ‘‘25’’; and 

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

16 ‘‘(B) notwithstanding subparagraph (A), 

17 for each of fiscal years 2010 through 2015— 

18 ‘‘(i) 15 percent shall be used for the 

19 purposes described in subparagraph (A); 

20 and 

21 ‘‘(ii) 10 percent shall be used for the 

22 activities described in paragraph (1).’’. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section, 


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1 to be available until expended without fiscal year limita2 tion— 

3 (1) $100,000,000 for each of fiscal years 2010 

4 through 2015; and 

5 (2) $50,000,000 for each of fiscal years 2016 

6 through 2020. 

7 SEC. 342. ALASKA OCS PERMIT PROCESSING COORDINA8 TION OFFICE. 

9 (a) ESTABLISHMENT.—The Secretary of the Interior 

10 (referred to in this section as the ‘‘Secretary’’) shall estab11 lish a regional joint outer Continental Shelf lease and per12 mit processing office for the Alaska outer Continental 

13 Shelf region. 

14 (b) MEMORANDUM OF UNDERSTANDING.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall enter into a memorandum of understanding for 

18 the purposes of carrying out this section with— 

19 (A) the Secretary of Commerce; 

20 (B) the Chief of Engineers; 

21 (C) the Administrator of the Environ22 mental Protection Agency; and 

23 (D) any other Federal agency that may 

24 have a role in permitting activities. 


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1 (2) STATE PARTICIPATION.—The Secretary 

2 shall request that the Governor of Alaska be a signa3 tory to the memorandum of understanding. 

4 (c) DESIGNATION OF QUALIFIED STAFF.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of the signing of the memorandum of un7 derstanding under subsection (b), each Federal sig8 natory party shall, if appropriate, assign to the of9 fice described in subsection (a) an employee who has 

10 expertise in the regulatory issues administered by 

11 the office in which the employee is employed relating 

12 to leasing and the permitting of oil and gas activities 

13 on the outer Continental Shelf. 

14 (2) DUTIES.—An employee assigned under 

15 paragraph (1) shall— 

16 (A) not later than 90 days after the date 

17 of assignment, report to the office described in 

18 subsection (a); 

19 (B) be responsible for all issues relating to 

20 the jurisdiction of the home office or agency of 

21 the employee; and 

22 (C) participate as part of the applicable 

23 team of personnel working on proposed oil and 

24 gas leasing and permitting, including planning 

25 and environmental analyses. 


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1 (d) TRANSFER OF FUNDS.—For the purposes of co2 ordination and processing of oil and gas use authorizations 

3 for the Alaska outer Continental Shelf region, the Sec4 retary may authorize the expenditure or transfer of such 

5 funds as are necessary to— 

6 (1) the Secretary of Commerce; 

7 (2) the Chief of Engineers; 

8 (3) the Administrator of the Environmental 

9 Protection Agency; 

10 (4) any other Federal agency having a role in 

11 permitting activities; and 

12 (5) the State of Alaska. 

13 (e) SAVINGS PROVISION.—Nothing in this section af14 fects— 

15 (1) the operation of any Federal or State law; 

16 or 

17 (2) any delegation of authority made by the 

18 head of a Federal agency for employees that are as19 signed to the coordination office. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $2,000,000 for each of fiscal years 2009 through 2019, 

23 to remain available until expended. 


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1 SEC. 343. MORATORIUM OF OIL AND GAS LEASING IN CER2 TAIN AREAS OF THE GULF OF MEXICO. 

3 (a) MORATORIUM.—Section 104 of the Gulf of Mex4 ico Energy Security Act of 2006 (43 U.S.C. 1331 note; 

5 Public Law 109–432) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (d), effective during the period beginning on the date of 

10 enactment of this Act and ending on June 30, 2022, the 

11 Secretary shall not offer for leasing, preleasing, or any re12 lated activity any area in the Eastern Planning Area that 

13 is within 45 statute miles of the coastline of the State of 

14 Florida.’’; and 

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

16 ‘‘(d) EXCEPTIONS.— 

17 ‘‘(1) DEFINITIONS.—In this paragraph: 

18 ‘‘(A) DESTIN DOME AREA.—The term 

19 ‘Destin Dome Area’ means the area in the Cen20 tral and Eastern Planning Areas of the outer 

21 Continental Shelf identified as ‘Destin Dome 

22 (NH16-08)’ in the document entitled ‘MMS 

23 Gulf of Mexico Region Planning Areas and Ac24 tive Leases’ and dated May 14, 2009. 

25 ‘‘(B) PENSACOLA AREA.—The term ‘Pen26 sacola Area’ means the area in the Central and 


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1 Eastern Planning Areas of the outer Conti2 nental Shelf identified as ‘Pensacola (NH16- 

3 05)’ in the document entitled ‘MMS Gulf of 

4 Mexico Region Planning Areas and Active 

5 Leases’ and dated May 14, 2009. 

6 ‘‘(2) AUTHORIZED AREAS.—The Secretary may 

7 offer for leasing any area in the Destin Dome Area 

8 or the Pensacola Area.’’. 

9 (b) NATIONAL DEFENSE AREA.—Section 12(d) of 

10 the Outer Continental Shelf Lands Act (43 U.S.C. 

11 1341(d)) is amended— 

12 (1) by striking ‘‘The United States’’ and insert13 ing the following: 

14 ‘‘(1) IN GENERAL.—The United States’’; and 

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

16 ‘‘(2) REVIEW.—Annually, the Secretary of De17 fense shall— 

18 ‘‘(A) review the areas of the outer Conti19 nental Shelf that have been designated as re20 stricted from exploration and operation to de21 termine whether the areas should remain under 

22 restriction; and 

23 ‘‘(B) based on the review under subpara24 graph (A), make recommendations to the Presi25 dent.’’. 


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1 (c) LEASING OF MORATORIUM AREAS.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date on which any necessary environmental 

4 analyses are completed under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

6 the Secretary shall offer for leasing under the Outer 

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

8 seq.) in accordance with the completed environ9 mental analyses any areas made available for leasing 

10 as a result of this subtitle (including amendments 

11 made by this subtitle). 

12 (2) ADMINISTRATION.—Notwithstanding the 

13 omission of the areas made available for leasing 

14 under paragraph (1) from the applicable 5-year plan 

15 developed by the Secretary pursuant to section 18 of 

16 the Outer Continental Shelf Lands Act (43 U.S.C. 

17 1344), the areas shall be offered for leasing under 

18 this section, in accordance with the completed envi19 ronmental analyses referred to in paragraph (1). 

20 (d) CONFORMING AMENDMENT.—Section 105 of the 

21 Department of the Interior, Environment, and Related 

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

23 119 Stat. 521) (as amended by section 103(d) of the Gulf 

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

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


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

2 for leasing, preleasing, or any related activity under sec3 tion 104 of that Act’’ after ‘‘2006)’’. 

4 SEC. 344. REPEAL OF OUTER CONTINENTAL SHELF DEEP 

5 WATER AND DEEP GAS ROYALTY RELIEF. 

6 (a) IN GENERAL.—Sections 344 and 345 of the En7 ergy Policy Act of 2005 (42 U.S.C. 15904, 15905) are 

8 repealed. 

9 (b) ADMINISTRATION.—The Secretary of the Interior 

10 shall not be required to provide for royalty relief in the 

11 lease sale terms beginning with the first lease sale held 

12 on or after the date of enactment of this Act for which 

13 a final notice of sale has not been published. 

14 PART III—MISCELLANEOUS 

15 SEC. 351. MINERALS MANAGEMENT SERVICE. 

16 Title III of the Federal Oil and Gas Royalty Manage17 ment Act of 1982 (30 U.S.C. 1751 et seq.) is amended 

18 by adding at the end the following: 

19 ‘‘SEC. 310. MINERALS MANAGEMENT SERVICE. 

20 ‘‘(a) DIRECTOR.—Any Director of the Minerals Man21 agement Service shall be appointed by the President, by 

22 and with the advice and consent of the Senate. 

23 ‘‘(b) DISCRETION.—Nothing in this section affects 

24 the discretion granted to the Secretary by Reorganization 


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1 Plan No. 3 of 1950 (43 U.S.C. 1451 note; 64 Stat. 1262; 

2 85 Stat. 76).’’. 

3 SEC. 352. PRESERVATION OF GEOLOGICAL AND GEO4 PHYSICAL DATA. 

5 Section 351(k) of the Energy Policy Act of 2005 (42 

6 U.S.C. 15908(k)) is amended by striking ‘‘2010’’ and in7 serting ‘‘2020’’. 

8 SEC. 353. ALASKA NATURAL GAS PIPELINE. 

9 Section 116 of the Alaska Natural Gas Pipeline Act 

10 (15 U.S.C. 720n) is amended— 

11 (1) in subsection (a)(3)— 

12 (A) in the first sentence, by inserting be13 fore the period at the end the following: ‘‘, ex14 cept that a holder of a certificate may request 

15 the Secretary to extend the period to issue Fed16 eral guarantee instruments for not more than 

17 180 days following the date of resolution of any 

18 reopening, contest, or other proceeding relating 

19 to the certificate’’; and 

20 (B) in the second sentence, by inserting 

21 before the period at the end the following: ‘‘, or 

22 connecting to pipeline infrastructure capable of 

23 delivering commercially economic quantities of 

24 natural gas to the continental United States’’; 

25 (2) in subsection (b)— 


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1 (A) by striking paragraph (2); 

2 (B) by redesignating paragraphs (3) and 

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

4 (C) in paragraph (2) (as so redesignated), 

5 by striking ‘‘and completion guarantees’’; 

6 (3) in subsection (c)(2), by striking 

7 ‘‘$18,000,000,000’’ and inserting 

8 ‘‘$30,000,000,000’’; 

9 (4) in subsection (d)— 

10 (A) in the first sentence of paragraph (1), 

11 by inserting before the period at the end the 

12 following: ‘‘, except that an issued loan guar13 antee instrument shall apply to not less than 80 

14 percent of project costs unless by previous con15 sent of the borrower’’; and 

16 (B) in paragraph (2), by striking ‘‘An eli17 gible’’ and inserting ‘‘A’’; and 

18 (5) in subsection (g)— 

19 (A) by striking paragraph (2); 

20 (B) by redesignating paragraphs (3) and 

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

22 (C) in paragraph (2) (as so redesignated), 

23 by inserting before the period at the end the 

24 following: ‘‘under subsection (a)(3), including 

25 direct lending from the Federal Financing 


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1 Bank of all or a part of the amount to the hold2 er, in lieu of a guarantee’’. 

3 SEC. 354. DENALI NATIONAL PARK AND PRESERVE NAT4 URAL GAS PIPELINE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPURTENANCE.— 

7 (A) IN GENERAL.—The term ‘‘appur8 tenance’’ includes cathodic protection or test 

9 stations, valves, signage, and buried commu10 nication and electric cables relating to the oper11 ation of high-pressure natural gas transmission. 

12 (B) EXCLUSIONS.—The term ‘‘appur13 tenance’’ does not include compressor stations. 

14 (2) PARK.—The term ‘‘Park’’ means the Denali 

15 National Park and Preserve in the State of Alaska. 

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

17 the Secretary of the Interior. 

18 (b) PERMIT.—The Secretary may issue right-of-way 

19 permits for— 

20 (1) a high-pressure natural gas transmission 

21 pipeline (including appurtenances) in non-wilderness 

22 areas within the boundary of Denali National Park 

23 within, along, or near the approximately 7-mile seg24 ment of the George Parks Highway that runs 

25 through the Park; and 


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1 (2) any distribution and transmission pipelines 

2 and appurtenances that the Secretary determines to 

3 be necessary to provide natural gas supply to the 

4 Park. 

5 (c) TERMS AND CONDITIONS.—A permit authorized 

6 under subsection (b)— 

7 (1) may be issued only— 

8 (A) if the permit is consistent with the 

9 laws (including regulations) generally applicable 

10 to utility rights-of-way within units of the Na11 tional Park System; 

12 (B) in accordance with section 1106(a) of 

13 the Alaska National Interest Lands Conserva14 tion Act (16 U.S.C. 3166(a)); and 

15 (C) if, following an appropriate analysis 

16 prepared in compliance with the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4321 

18 et seq.), the route of the right-of-way is the 

19 route through the Park with the least adverse 

20 environmental effects for the Park; and 

21 (2) shall be subject to such terms and condi22 tions as the Secretary determines to be necessary. 


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1 SEC. 355. EXEMPTION OF TRANS-ALASKA OIL PIPELINE 

2 SYSTEM FROM CERTAIN REQUIREMENTS. 

3 The Trans-Alaska Pipeline Authorization Act (43 

4 U.S.C. 1651 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE 

7 SYSTEM FROM CERTAIN REQUIREMENTS. 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b), no part of the trans-Alaska oil pipeline system shall 

10 be considered to be a district, site, building, structure, or 

11 object for purposes of section 106 of the National Historic 

12 Preservation Act (16 U.S.C. 470f), regardless of whether 

13 all or part of the trans-Alaska oil pipeline system may oth14 erwise be listed on, or eligible for listing on, the National 

15 Register of Historic Places. 

16 ‘‘(b) INDIVIDUAL ELEMENTS.— 

17 ‘‘(1) IN GENERAL.—Subject to subsection (c), 

18 the Secretary of the Interior may identify up to 3 

19 sections of the trans-Alaska oil pipeline system that 

20 possess national or exceptional historic significance, 

21 and that should remain after the pipeline is no 

22 longer used for the purpose of oil transportation. 

23 ‘‘(2) HISTORIC SITE.—Any sections identified 

24 under paragraph (1) shall be considered to be a his25 toric site. 


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1 ‘‘(3) VIEWS.—In making the identification 

2 under this subsection, the Secretary shall consider 

3 the views of— 

4 ‘‘(A) the owners of the pipeline; 

5 ‘‘(B) the State Historic Preservation Offi6 cer; 

7 ‘‘(C) the Advisory Council on Historic 

8 Preservation; and 

9 ‘‘(D) the Federal Coordinator for Alaska 

10 Natural Gas Transportation Projects. 

11 ‘‘(c) CONSTRUCTION, MAINTENANCE, RESTORATION, 

12 AND REHABILITATION ACTIVITIES.—Subsection (b) does 

13 not prohibit the owners of the trans-Alaska oil pipeline 

14 system from carrying out construction, maintenance, res15 toration, or rehabilitation activities on or for a section of 

16 the system described in subsection (b).’’. 

17 SEC. 356. PROCUREMENT AND ACQUISITION OF ALTER18 NATIVE FUELS. 

19 Section 526 of the Energy Independence and Security 

20 Act of 2007 (42 U.S.C. 17142) is amended to read as 

21 follows: 

22 ‘‘SEC. 526. PROCUREMENT AND ACQUISITION OF ALTER23 NATIVE FUELS. 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), no Federal agency shall enter into a contract for proVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 curement of an alternative or synthetic fuel, including a 

2 fuel produced from nonconventional petroleum sources, for 

3 any mobility-related use other than for research or testing, 

4 unless the contract specifies that the lifecycle greenhouse 

5 gas emissions associated with the production and combus6 tion of the fuel supplied under the contract, on an ongoing 

7 basis, be less than or equal to such emissions from the 

8 equivalent conventional fuel produced from conventional 

9 petroleum sources. 

10 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not prohibit 

11 a Federal agency from entering into a contract to pur12 chase a generally available fuel that is produced, in whole 

13 or in part, from a nonconventional petroleum source if— 

14 ‘‘(1) the contract does not specifically require 

15 the contractor to provide a fuel from a nonconven16 tional petroleum source; 

17 ‘‘(2) the purpose of the contract is not to obtain 

18 a fuel from a nonconventional petroleum source; and 

19 ‘‘(3) the contract does not provide incentives 

20 (excluding compensation at market prices for the 

21 purchase of fuel purchased) for a refinery upgrade 

22 or expansion to allow a refinery to use or increase 

23 the use by the refinery of fuel from a nonconven24 tional petroleum source.’’. 


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1 SEC. 357. GEOLOGIC MATERIALS ARCHIVING GRANT PRO2 GRAM. 

3 (a) FINDINGS.—Congress finds that— 

4 (1) the collection of rock core samples and the 

5 well logs relating to the collection of the rock core 

6 samples are vital for the exploration, analysis, and 

7 eventual production of the oil, natural gas, shale oil, 

8 coal, and geothermal resources of the United States; 

9 (2) the collection and storage of rock core sam10 ples over time is expensive and requires large stor11 age facilities; 

12 (3) because of current fiscal constraints, States 

13 are finding it increasingly difficult to afford the stor14 age and maintenance of the geologic record of the 

15 United States; 

16 (4) the loss of any core samples or logs harms 

17 the ability of the United States to pinpoint the loca18 tion of energy sources by downgrading the geologic 

19 knowledge; 

20 (5) the retention of core samples— 

21 (A) provides critical data for— 

22 (i) the geologic sequestration of car23 bon dioxide; 

24 (ii) groundwater and aquifer studies 

25 for regional water supplies; and 

26 (iii) tracking potential contamination; 


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1 (B) is important for the siting of deep geo2 logic repositories for the storage of hazardous 

3 materials; 

4 (C) is vital for— 

5 (i) infrastructure development; 

6 (ii) the location of construction mate7 rials; and 

8 (iii) geohazards mitigation; and 

9 (D) provides important data for climate 

10 and other historical geology studies; and 

11 (6) it is unknown what core sample data would 

12 be needed for in the future as— 

13 (A) new technology becomes available; and 

14 (B) our understanding of the ‘‘sub-surface 

15 frontier’’ evolves. 

16 (b) GRANT PROGRAM.— 

17 (1) IN GENERAL.—There is established in the 

18 Department of the Interior a grant program under 

19 which the Secretary of the Interior (referred to in 

20 this section as the ‘‘Secretary’’) shall provide grants 

21 to individual States, State Geologic Surveys, or Re22 gional Consortiums to build, maintain, and operate 

23 centers to store geologic samples (including core 

24 samples, surface samples, micropaleontology sam25 ples, well cuttings, and geochemical samples) colVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 lected as a result of oil and gas exploration, mineral 

2 exploration, and geotechnical studies and research. 

3 (2) APPLICATION.—To be eligible to receive a 

4 grant under paragraph (1), a State shall submit to 

5 the Secretary an application in such form, at such 

6 time, and containing such information as the Sec7 retary may require. 

8 (3) REQUIRED MAINTENANCE.—The Secretary 

9 shall not provide a grant to a State under paragraph 

10 (1) unless the State agrees to maintain any center 

11 provided assistance under this section for at least 20 

12 years after the date on which the grant is provided. 

13 (4) AMOUNT OF GRANT.—The maximum 

14 amount of a grant provided to a State under para15 graph (1) shall be $15,000,000. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to provide grants under this 

18 section $100,000,000. 

19 Subtitle E—Public Land 

20 Renewable Energy Deployment 

21 SEC. 361. RENEWABLE ENERGY FEDERAL PERMIT COORDI22 NATION. 

23 Section 365 of the Energy Policy Act of 2005 (42 

24 U.S.C. 15924) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(k) PILOT PROJECT OFFICES TO IMPROVE FED2 ERAL PERMIT COORDINATION FOR RENEWABLE EN3 ERGY.— 

4 ‘‘(1) DEFINITION OF RENEWABLE ENERGY.—In 

5 this subsection, the term ‘renewable energy’ means 

6 energy derived from a wind, solar, or geothermal 

7 source. 

8 ‘‘(2) FIELD OFFICES.—As part of the Pilot 

9 Project, the Secretary shall designate 1 field office 

10 of the Bureau of Land Management in each of the 

11 following States to serve as Renewable Energy Per12 mit Coordination Offices for coordination of Federal 

13 permits for renewable energy projects and trans14 mission involving Federal land facilitating the devel15 opment of renewable energy: 

16 ‘‘(A) Alaska. 

17 ‘‘(B) Arizona. 

18 ‘‘(C) California. 

19 ‘‘(D) Colorado. 

20 ‘‘(E) Idaho. 

21 ‘‘(F) Oregon. 

22 ‘‘(G) New Mexico. 

23 ‘‘(H) Nevada. 

24 ‘‘(I) Montana. 

25 ‘‘(J) Utah. 


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1 ‘‘(K) Washington. 

2 ‘‘(L) Wyoming. 

3 ‘‘(3) MEMORANDUM OF UNDERSTANDING.— 

4 ‘‘(A) IN GENERAL.—Not later than 90 

5 days after the date of enactment of this sub6 section, the Secretary shall enter into an 

7 amended memorandum of understanding under 

8 subsection (b) to provide for the inclusion of the 

9 additional Renewable Energy Pilot Project Of10 fices in the Pilot Project. 

11 ‘‘(B) SIGNATURE OF SECRETARY.—The 

12 Secretary shall be a signatory of the amended 

13 memorandum of understanding. 

14 ‘‘(C) SIGNATURES BY GOVERNORS.—The 

15 Secretary shall request that the Governors of 

16 each of the States described in paragraph (2) 

17 be signatories to the amended memorandum of 

18 understanding. 

19 ‘‘(4) DESIGNATION OF QUALIFIED STAFF.—Not 

20 later than 30 days after the date of the signing of 

21 the amended memorandum of understanding, all 

22 Federal signatory parties shall, if appropriate, as23 sign to each Renewable Energy Pilot Project Office 

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1 scribed in subsection (c) to carry out duties de2 scribed in that subsection. 

3 ‘‘(5) ADDITIONAL PERSONNEL.—The Secretary 

4 shall assign to each Renewable Energy Pilot Project 

5 Office additional personnel under subsection (f). 

6 ‘‘(6) TRANSFER OF FUNDS.—To coordinate and 

7 process renewable energy authorizations on Federal 

8 land under the jurisdiction of a Pilot Project Office 

9 designated under paragraph (2), the Secretary may 

10 authorize the expenditure or transfer of such funds 

11 as are necessary to— 

12 ‘‘(A) any Federal agency described in sub13 section (h); and 

14 ‘‘(B) any State described in paragraph (2). 

15 ‘‘(7) FUNDING.— 

16 ‘‘(A) IN GENERAL.—The Federal share of 

17 any royalties, fees, rentals, bonus bids, or other 

18 payments from wind or solar development on 

19 land administered by the Secretary shall be de20 posited in a special fund in the Treasury to be 

21 known as the ‘BLM Wind and Solar Energy 

22 Permit Processing Improvement Fund’ (re23 ferred to in this subsection as ‘Fund’). 

24 ‘‘(B) AUTHORIZATION OF APPROPRIA25 TIONS.—There is authorized to be appropriated 


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1 from the Fund or, to the extent amounts are 

2 not available in the Fund, from the Treasury 

3 for the costs of administering program oper4 ations for wind and solar development under 

5 the Public Land Renewable Energy Deployment 

6 and Adjustment Act of 2009 and the Federal 

7 Land Policy and Management Act of 1976 (43 

8 U.S.C. 1701 et seq.) $10,000,000 for each of 

9 fiscal years 2009 through 2019, to remain 

10 available without fiscal year limitation until ex11 pended.’’. 

12 SEC. 362. EXTENSION OF FUNDING FOR IMPLEMENTATION 

13 OF GEOTHERMAL STEAM ACT OF 1970. 

14 (a) IN GENERAL.—Section 234(a) of the Energy Pol15 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik16 ing ‘‘in the first 5 fiscal years beginning after the date 

17 of enactment of this Act’’ and inserting ‘‘for each fiscal 

18 year through fiscal year 2020’’. 

19 (b) AUTHORIZATION.—Section 234(b) of the Energy 

20 Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 

21 (1) by striking ‘‘Amounts’’ and inserting the 

22 following: 

23 ‘‘(1) IN GENERAL.—Amounts’’; and 

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


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1 ‘‘(2) AUTHORIZATION.—Effective for fiscal year 

2 2011 and each fiscal year thereafter, amounts de3 posited under subsection (a) shall be available to the 

4 Secretary of the Interior for expenditure, subject to 

5 appropriation and without fiscal year limitation, to 

6 implement the Geothermal Steam Act of 1970 (30 

7 U.S.C. 1001 et seq.) and this Act.’’. 

8 SEC. 363. PROGRAMMATIC ENVIRONMENTAL IMPACT 

9 STATEMENTS AND LAND USE PLANNING. 

10 (a) PUBLIC LAND.—Not later than 1 year after the 

11 date of enactment of this Act, the Secretary of the Interior 

12 shall— 

13 (1) complete a programmatic environmental im14 pact statement in accordance with the National En15 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

16 seq.) to analyze the potential impacts of— 

17 (A) a program to develop solar energy on 

18 land administered by the Secretary, acting 

19 through the Bureau of Land Management; and 

20 (B) any necessary amendments to land use 

21 plans for the land; and 

22 (2) amend any land use plans as appropriate to 

23 provide for the development of renewable energy in 

24 areas considered appropriate by the Secretary. 


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1 (b) NATIONAL FOREST SYSTEM LAND.—As soon as 

2 practicable but not later than 18 months after the date 

3 of enactment of this Act, the Secretary of Agriculture 

4 shall— 

5 (1) complete a programmatic environmental im6 pact statement in accordance with the National En7 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) to analyze the potential impacts of— 

9 (A) a program to develop solar and wind 

10 energy on National Forest System land admin11 istered by the Secretary; and 

12 (B) any necessary amendments to land use 

13 plans for the land; and 

14 (2) amend any land use plans as appropriate to 

15 provide for the development of renewable energy in 

16 areas considered appropriate by the Secretary imme17 diately on completion of the programmatic environ18 mental impact statement. 

19 (c) EFFECT ON PROCESSING APPLICATIONS.—The 

20 requirement for completion of programmatic environ21 mental impact statements under this section shall not re22 sult in any delay in processing applications for wind or 

23 solar development on land administered by the Secretary 

24 of the Interior, acting through the Bureau of Land Man25 agement, or on National Forest System land. 


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1 SEC. 364. REPORT. 

2 (a) STUDY.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of enactment of this Act, the Sec5 retary of the Interior, in consultation with the Sec6 retary of Agriculture, shall enter into an arrange7 ment with the National Academy of Sciences under 

8 which the Academy shall conduct a study on the 

9 siting, development, and management of projects for 

10 the production of wind and solar energy on— 

11 (A) land available for energy development 

12 that is administered by the Secretary of the In13 terior, acting through the Bureau of Land Man14 agement; and 

15 (B) National Forest System land adminis16 tered by the Secretary of Agriculture that is 

17 available for energy development. 

18 (2) MATTERS TO BE ADDRESSED.—The study 

19 shall address— 

20 (A) the effectiveness of— 

21 (i) laws (including regulations) and 

22 policies in effect on the date of enactment 

23 of this Act in— 

24 (I) facilitating the development of 

25 wind and solar energy projects on the 

26 land; and 


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1 (II) ensuring the public receives 

2 a fair return for the use of the land; 

3 (ii) policies designed to discourage 

4 speculation in the development of wind and 

5 solar projects on the land; 

6 (iii) the land use planning process in 

7 siting wind and solar facilities; 

8 (iv) mitigation planning for wind and 

9 solar projects on the land, particularly with 

10 respect to fish and wildlife and water re11 sources; 

12 (v) best management practices devel13 oped by the Secretary of the Interior and 

14 the Secretary of Agriculture for wind and 

15 solar projects; and 

16 (vi) adaptive management of the im17 pacts associated with wind and solar 

18 projects on the land; and 

19 (B) the advantages and disadvantages of 

20 using— 

21 (i) rights-of-way as a means of au22 thorizing the use of the Federal land de23 scribed in paragraph (1) for wind and 

24 solar energy development; and 


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1 (ii) a competitive or noncompetitive 

2 leasing system as a means of authorizing 

3 the use of the Federal land described in 

4 paragraph (1) for wind and solar energy 

5 development. 

6 (b) RECOMMENDATIONS.—The study shall— 

7 (1) analyze the matters described in subsection 

8 (a)(2); and 

9 (2) make recommendations as to— 

10 (A) whether a competitive or noncompeti11 tive leasing system would be a more effective 

12 means than the system in effect on the date of 

13 enactment of this Act to authorize the use of 

14 Federal land described in subsection (a)(1) to 

15 meet the goals of facilitating the development of 

16 wind and solar energy projects while achieving 

17 a fair return to the public; 

18 (B) the most effective system to authorize 

19 the use of Federal land described in subsection 

20 (a)(1) to meet the goals of facilitating the de21 velopment of wind and solar energy projects 

22 while achieving a fair return to the public; and 

23 (C) changes, if any, to Federal law (includ24 ing regulations) or policy necessary to address 

25 more effectively the siting, development, and 


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1 management of solar and wind projects on the 

2 land. 

3 (c) COMPLETION OF STUDY.—Not later than 18 

4 months after the date of enactment of this Act, the Na5 tional Academy of Sciences shall— 

6 (1) submit to the Secretary of the Interior and 

7 the Secretary of Agriculture the findings and rec8 ommendations of the study required under sub9 sections (a) and (b); and 

10 (2) on completion of the study, make the results 

11 of the study available to the public. 

12 (d) REPORT TO CONGRESS.—Not later than 180 days 

13 after the date of receipt of the findings and recommenda14 tions of the study under subsection (c)(1), the Secretary 

15 of the Interior, in consultation with the Secretary of Agri16 culture, shall submit to Congress a report on— 

17 (1) the findings and recommendations of the 

18 study; 

19 (2) the agreement or disagreement of the Secre20 taries with respect to each of the findings and rec21 ommendations of the National Academy of Sciences; 

22 (3) the administrative actions to be taken by 

23 each of the Secretaries in response to the findings 

24 and recommendations; and 

25 (4) any recommended changes in law. 


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1 SEC. 365. RENEWABLE ENERGY DEVELOPMENT ON 

2 BROWNFIELD SITES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) RENEWABLE ENERGY.—The term ‘‘renew8 able energy’’ has the meaning given the terms ‘‘ex9 isting renewable energy’’ and ‘‘new renewable en10 ergy’’ in section 610 of the Public Utility Regulatory 

11 Policies Act of 1978 (as added by section l01(a)). 

12 (b) DEPARTMENT OF ENERGY AND ENVIRONMENTAL

13 PROTECTION AGENCY EFFORTS.—The Secretary, in con14 junction with the Administrator, shall— 

15 (1) in partnership with the National Renewable 

16 Energy Laboratory, identify opportunities to 

17 prioritize renewable energy development on 

18 brownfield sites; 

19 (2) provide to States, units of local govern20 ments, project developers, and other stakeholders 

21 publicly available resources identifying potential 

22 brownfield sites for renewable energy development, 

23 with an emphasis on non-Federal land; and 

24 (3) provide technical assistance to State and 

25 local officials, interested project developers, and 

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1 duction from brownfield sites identified under this 

2 subsection, with an emphasis on non-Federal land. 

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

4 of enactment of this Act, the Secretary and Administrator 

5 shall submit to Congress a report that includes— 

6 (1) proposals for Federal policies, incentives, or 

7 other means of encouraging renewable energy pro8 duction on sites identified under subsection (b); and 

9 (2) data on existing and potential job creation 

10 from, environmental benefits of, and energy produc11 tion from renewable energy on brownfield sites. 

12 (d) STAKEHOLDER FORUMS.—The Secretary, in con13 junction with the Administrator, shall conduct stakeholder 

14 forums in each region of the United States to assist State 

15 and local officials, project developers, and other stake16 holders with renewable energy project siting on brownfield 

17 sites, with an emphasis on non-Federal land. 

18 (e) EFFECT.—Nothing in this section affects existing 

19 Federal efforts to promote the reuse and redevelopment 

20 of brownfield sites. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section for each of fiscal years 

24 2011 through 2015. 


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1 SEC. 366. DEVELOPMENT OF SOLAR AND WIND ENERGY ON 

2 PUBLIC LAND. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED LAND.—The term ‘‘covered land’’ 

5 means land that is— 

6 (A)(i) public land administered by the Sec7 retary; or 

8 (ii) National Forest System land adminis9 tered by the Secretary of Agriculture; and 

10 (B) designated for the development of solar or 

11 wind energy under a land use plan established 

12 under— 

13 (i) the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1701 et seq.); or 

15 (ii) the National Forest Management Act 

16 of 1976 (16 U.S.C. 1600 et seq.). 

17 (2) PILOT PROGRAM.—The term ‘‘pilot pro18 gram’’ means the wind and solar leasing pilot pro19 gram established under subsection (b). 

20 (3) PUBLIC LAND.—The term ‘‘public land’’ 

21 has the meaning given the term ‘‘public lands’’ in 

22 section 103 of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1702). 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 

26 (b) PILOT PROGRAM.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall establish a wind and solar leasing pilot 

4 program. 

5 (2) SELECTION OF SITES.— 

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

7 after the date the pilot program is established 

8 under this subsection, the Secretary shall select 

9 2 sites that are appropriate for the development 

10 of a solar energy project, and 2 sites that are 

11 appropriate for the development of a wind en12 ergy project, on covered land as part of the 

13 pilot program. 

14 (B) SITE SELECTION.—In carrying out 

15 subparagraph (A), the Secretary shall seek to 

16 select sites— 

17 (i) for which there is likely to be a 

18 high level of industry interest; and 

19 (ii) that are representative of sites on 

20 which solar or wind energy is likely to be 

21 developed on covered land. 

22 (C) INELIGIBLE SITES.—The Secretary 

23 shall not select as part of the pilot program any 

24 site for which a right-of way for site testing or 

25 construction has been issued. 


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1 (3) LEASE SALES.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (C)(ii), not later than 180 days 

4 after the date sites are selected under para5 graph (2), the Secretary shall offer each site for 

6 competitive leasing to qualified bidders under 

7 such terms and conditions as are required by 

8 the Secretary. 

9 (B) BIDDING SYSTEMS.—In offering the 

10 sites for lease, the Secretary— 

11 (i) may vary the bidding systems to be 

12 used at each lease sale; but 

13 (ii) shall limit bidding to 1 round in 

14 any lease sale. 

15 (C) LEASE TERMS.— 

16 (i) IN GENERAL.—As part of the pilot 

17 program, the Secretary may vary the 

18 length of the lease terms and establish 

19 such other lease terms and conditions as 

20 the Secretary considers appropriate. 

21 (ii) DATA COLLECTION.—As part of 

22 the pilot program, the Secretary shall— 

23 (I) offer on a noncompetitive 

24 basis on at least 1 site a short-term 

25 lease for data collection; and 


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1 (II) on the expiration of the 

2 short-term lease, offer on a competi3 tive basis a long-term lease, giving 

4 credit toward the bonus bid to the 

5 holder of the short-term lease for any 

6 qualified expenditures to collect data 

7 to develop the site during the short8 term lease. 

9 (4) COMPLIANCE WITH LAWS.—In offering for 

10 lease the selected sites under paragraph (3), the Sec11 retary shall comply with all applicable environmental 

12 and other laws. 

13 (5) REPORT.—The Secretary shall— 

14 (A) compile a report of the results of each 

15 lease sale under the pilot program, including— 

16 (i) the level of competitive interest; 

17 and 

18 (ii) a summary of bids and revenues 

19 received; and 

20 (B) not later than 90 days after the final 

21 lease sale, submit to the Committee on Energy 

22 and Natural Resources of the Senate and the 

23 Committee on Natural Resources of the House 

24 of Representatives the report described in sub25 paragraph (A). 


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1 (6) RIGHTS-OF-WAY.—During the pendency of 

2 the pilot program, the Secretary shall continue to 

3 issue rights-of-way, in compliance with authority in 

4 effect on the date of enactment of this Act, for avail5 able sites not selected for the pilot program. 

6 (c) SECRETARIAL DETERMINATION.— 

7 (1) IN GENERAL.—Not later than 30 months 

8 after the date of enactment of this Act, the Sec9 retary shall determine whether to establish a leasing 

10 program under this section for wind or solar energy. 

11 (2) ESTABLISHMENT.—The Secretary shall es12 tablish a leasing program if the Secretary deter13 mines that the program— 

14 (A) is in the public interest; and 

15 (B) provides an effective means of devel16 oping wind or solar energy on covered land. 

17 (3) CONSULTATION.—In making the determina18 tions required under this subsection, the Secretary 

19 shall consult with— 

20 (A) the Secretary of Agriculture; 

21 (B) the heads of other relevant Federal 

22 agencies; 

23 (C) affected States and Indian tribes; 

24 (D) representatives of the solar and wind 

25 industry; 


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1 (E) representatives of the environmental 

2 and conservation community; and 

3 (F) the public. 

4 (4) CONSIDERATIONS.—In making the deter5 minations required under this subsection, the Sec6 retary shall consider the results of the report pro7 vided under subsection (b)(5) and the results of the 

8 pilot program. 

9 (5) REGULATIONS.—Not later than 180 days 

10 after the date on which any determination is made 

11 to establish a leasing program, the Secretary shall 

12 promulgate final regulations to implement the pro13 gram. 

14 (6) REPORT.—If the Secretary determines that 

15 a leasing program should not be established, not 

16 later than 60 days after the date of the determina17 tion, the Secretary shall submit to the Committee on 

18 Energy and Natural Resources of the Senate and 

19 the Committee on Natural Resources of the House 

20 of Representatives a report describing the reasons 

21 and findings for the determination. 

22 (d) TRANSITION.— 

23 (1) IN GENERAL.—If the Secretary determines 

24 that a leasing program should be established, the 

25 Secretary shall continue to provide for the issuance 


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1 of rights-of-way for the development of wind or solar 

2 energy in accordance with each requirement de3 scribed in title V of the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 1761 et seq.) 

5 until the program is established and final regula6 tions for the program are promulgated. 

7 (2) ADMINISTRATION.—The Secretary shall by 

8 regulation provide for a reasonable transition from 

9 the use of rights-of-way to leases, taking into ac10 count the status of the project (including whether 

11 rights-of-way for testing or construction have been 

12 granted or whether a plan of development has been 

13 submitted). 

14 (e) LEASING PROGRAM.—If the Secretary determines 

15 under subsection (c) that a leasing program should be es16 tablished, the program shall be established in accordance 

17 with subsections (f) through (l). 

18 (f) COMPETITIVE LEASES.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), leases for wind or solar energy develop21 ment under this section shall be issued on a competi22 tive basis with a single round of bidding in any lease 

23 sale. 

24 (2) EXCEPTIONS.—Paragraph (1) shall not 

25 apply if the Secretary determines that— 


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1 (A) no competitive interest exists; 

2 (B) the public interest would not be served 

3 by the competitive issuance of a lease or right4 of-way; or 

5 (C) the lease is for the placement and op6 eration of a meteorological or data collection fa7 cility or for the development or demonstration 

8 of a new wind or solar technology and has a 

9 term of not more than 5 years. 

10 (g) PAYMENTS.— 

11 (1) IN GENERAL.—The Secretary shall establish 

12 royalties, fees, rentals, bonuses, or other payments 

13 to ensure a fair return to the United States for any 

14 lease issued under this section. 

15 (2) BONUS BIDS.—The Secretary may grant 

16 credit toward any bonus bid for a qualified expendi17 ture by the holder of a lease described in subsection 

18 (f)(2)(C) in any competitive lease sale held for a 

19 long-term lease covering the same land covered by 

20 the lease described in subsection (f)(2)(C). 

21 (3) ROYALTIES.—Any lease shall require the 

22 payment of a royalty established by the Secretary 

23 pursuant to rulemaking that shall be a percentage of 

24 the gross proceeds from the sale of electricity at a 

25 rate that— 


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1 (A) encourages production of solar or wind 

2 energy; and 

3 (B) ensures a fair return to the public 

4 comparable to the return that would be ob5 tained on State and private land. 

6 (4) ROYALTY RELIEF.—To promote the great7 est generation of renewable energy, the Secretary 

8 may— 

9 (A) reduce any royalty otherwise required 

10 on a showing by clear and convincing evidence 

11 by the person holding a lease under which the 

12 generation of energy has occurred that, without 

13 the reduction in royalty, generation would not 

14 occur; or 

15 (B) provide that no royalty or a reduced 

16 royalty is required under a lease for a period 

17 not to exceed 5 years beginning on the date 

18 that generation initially commences. 

19 (h) ELIGIBILITY.—To be eligible to hold a lease 

20 under this section, a person shall meet the eligibility re21 quirements for leasing under the first section of the Min22 eral Leasing Act (30 U.S.C. 181). 

23 (i) REQUIREMENTS.—The Secretary shall ensure that 

24 any activity under a leasing program is carried out in a 

25 manner that— 


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1 (1) is consistent with all applicable land use 

2 planning, environmental, and other laws; and 

3 (2) provides for— 

4 (A) safety; 

5 (B) protection of the environment; 

6 (C) prevention of waste; 

7 (D) diligent development of the resource; 

8 (E) coordination with applicable Federal 

9 agencies; 

10 (F) a fair return to the United States for 

11 any lease; 

12 (G) use of best management practices, in13 cluding planning and practices for mitigation of 

14 impacts; 

15 (H) public notice and comment on any pro16 posal submitted for a lease under this section; 

17 and 

18 (I) oversight, inspection, research, moni19 toring, and enforcement relating to a lease 

20 under this section. 

21 (j) LEASE DURATION, SUSPENSION, AND CANCELLA22 TION.—The Secretary shall establish terms and conditions 

23 for the duration, issuance, transfer, renewal, suspension, 

24 and cancellation of a lease under this section. 


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1 (k) SECURITY.—The Secretary shall require the hold2 er of a lease issued under this section— 

3 (1) to furnish a surety bond or other form of 

4 security, as prescribed by the Secretary; 

5 (2) to provide for the reclamation and restora6 tion of the area covered by the lease; and 

7 (3) to comply with such other requirements as 

8 the Secretary considers necessary to protect the in9 terests of the public and the United States. 

10 (l) DISPOSITION OF REVENUES.—The Secretary shall 

11 provide for the payment of 5 percent of the revenues re12 ceived by the Federal Government as a result of leasing 

13 under this section or the issuance of rights-of-way for wind 

14 or solar development under title V of the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 1761 et 

16 seq.) to the State within which the boundaries of the 

17 leased land or right-of-way are located. 

18 Subtitle F—Carbon Capture 

19 SEC. 371. LARGE-SCALE CARBON STORAGE PROGRAM. 

20 (a) IN GENERAL.—Subtitle F of title IX of the En21 ergy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is 

22 amended by inserting after section 963 (42 U.S.C. 16293) 

23 the following: 

24 ‘‘SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM. 

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


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1 ‘‘(1) INDUSTRIAL SOURCE.—The term ‘indus2 trial source’ means any source of carbon dioxide that 

3 is not naturally occurring. 

4 ‘‘(2) LARGE-SCALE.—The term ‘large-scale’ 

5 means the injection of over 1,000,000 tons of carbon 

6 dioxide each year from industrial sources into a geo7 logical formation. 

8 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec9 retary concerned’ means— 

10 ‘‘(A) the Secretary of Agriculture (acting 

11 through the Chief of the Forest Service), with 

12 respect to National Forest System land; and 

13 ‘‘(B) the Secretary of the Interior, with re14 spect to land managed by the Bureau of Land 

15 Management (including land held for the ben16 efit of an Indian tribe). 

17 ‘‘(b) PROGRAM.—In addition to the research, develop18 ment, and demonstration program authorized by section 

19 963, the Secretary shall carry out a program to dem20 onstrate the commercial application of integrated systems 

21 for the capture, injection, monitoring, and long-term geo22 logical storage of carbon dioxide from industrial sources. 

23 ‘‘(c) AUTHORIZED ASSISTANCE.—In carrying out the 

24 program, the Secretary may enter into cooperative agreeVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 ments to provide financial and technical assistance to up 

2 to 10 demonstration projects. 

3 ‘‘(d) PROJECT SELECTION.—The Secretary shall 

4 competitively select recipients of cooperative agreements 

5 under this section from among applicants that— 

6 ‘‘(1) provide the Secretary with sufficient geo7 logical site information (including hydrogeological 

8 and geophysical information) to establish that the 

9 proposed geological storage unit is capable of long10 term storage of the injected carbon dioxide, includ11 ing— 

12 ‘‘(A) the location, extent, and storage ca13 pacity of the geological storage unit at the site 

14 into which the carbon dioxide will be injected; 

15 ‘‘(B) the principal potential modes of 

16 geomechanical failure in the geological storage 

17 unit; 

18 ‘‘(C) the ability of the geological storage 

19 unit to retain injected carbon dioxide; and 

20 ‘‘(D) the measurement, monitoring, and 

21 verification requirements necessary to ensure 

22 adequate information on the operation of the 

23 geological storage unit during and after the in24 jection of carbon dioxide; 


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1 ‘‘(2) possess the land or interests in land nec2 essary for— 

3 ‘‘(A) the injection and storage of the car4 bon dioxide at the proposed geological storage 

5 unit; and 

6 ‘‘(B) the closure, monitoring, and long7 term stewardship of the geological storage unit; 

8 ‘‘(3) possess or have a reasonable expectation of 

9 obtaining all necessary permits and authorizations 

10 under applicable Federal and State laws (including 

11 regulations); and 

12 ‘‘(4) agree to comply with each requirement of 

13 subsection (e). 

14 ‘‘(e) TERMS AND CONDITIONS.—The Secretary shall 

15 condition receipt of financial assistance pursuant to a co16 operative agreement under this section on the recipient 

17 agreeing to— 

18 ‘‘(1) comply with all applicable Federal and 

19 State laws (including regulations), including a cer20 tification by the appropriate regulatory authority 

21 that the project will comply with Federal and State 

22 requirements to protect drinking water supplies; 

23 ‘‘(2) in the case of industrial sources subject to 

24 the Clean Air Act (42 U.S.C. 7401 et seq.), inject 


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1 only carbon dioxide captured from industrial sources 

2 in compliance with that Act; 

3 ‘‘(3) comply with all applicable construction and 

4 operating requirements for deep injection wells; 

5 ‘‘(4) measure, monitor, and test to verify that 

6 carbon dioxide injected into the injection zone is 

7 not— 

8 ‘‘(A) escaping from or migrating beyond 

9 the confinement zone; or 

10 ‘‘(B) endangering an underground source 

11 of drinking water; 

12 ‘‘(5) comply with applicable well-plugging, post13 injection site care, and site closure requirements, in14 cluding— 

15 ‘‘(A)(i) maintaining financial assurances 

16 during the post-injection closure and monitoring 

17 phase until a certificate of closure is issued by 

18 the Secretary; and 

19 ‘‘(ii) promptly undertaking remediation ac20 tivities for any leak from the geological storage 

21 unit that would endanger public health or safe22 ty or natural resources; and 

23 ‘‘(B) complying with subsection (f); 

24 ‘‘(6) comply with applicable long-term care re25 quirements; 


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1 ‘‘(7) maintain financial protection in a form 

2 and in an amount acceptable to— 

3 ‘‘(A) the Secretary; 

4 ‘‘(B) the Secretary with jurisdiction over 

5 the land; and 

6 ‘‘(C) the Administrator of the Environ7 mental Protection Agency; and 

8 ‘‘(8) provide the assurances described in section 

9 963(c)(4)(B). 

10 ‘‘(f) POST INJECTION CLOSURE AND MONITORING

11 ELEMENTS.—In assessing whether a project complies with 

12 site closure requirements under subsection (e)(5), the Sec13 retary, in consultation with the Administrator of the Envi14 ronmental Protection Agency, shall determine whether the 

15 recipient of financial assistance has demonstrated contin16 uous compliance with each of the following over a period 

17 of not less than 10 consecutive years after the plume of 

18 carbon dioxide has stabilized within the geologic formation 

19 that comprises the geologic storage unit following the ces20 sation of injection activities: 

21 ‘‘(1) The estimated location and extent of the 

22 project footprint (including the detectable plume of 

23 carbon dioxide and the area of elevated pressure re24 sulting from the project) has not substantially 


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1 changed and is contained within the geologic storage 

2 unit. 

3 ‘‘(2) The injection zone formation pressure has 

4 ceased to increase following cessation of carbon diox5 ide injection into the geologic storage unit. 

6 ‘‘(3) There is no leakage of either carbon diox7 ide or displaced formation fluid from the geologic 

8 storage unit that is endangering public health and 

9 safety, including underground sources of drinking 

10 water and natural resources. 

11 ‘‘(4) The injected or displaced formation fluids 

12 are not expected to migrate in the future in a man13 ner that encounters a potential leakage pathway. 

14 ‘‘(5) The injection wells at the site completed 

15 into or through the injection zone or confining zone 

16 are plugged and abandoned in accordance with the 

17 applicable requirements of Federal or State law gov18 erning the wells. 

19 ‘‘(g) INDEMNIFICATION AGREEMENTS.— 

20 ‘‘(1) DEFINITION OF LIABILITY.—In this sub21 section, the term ‘liability’ means any legal liability 

22 for— 

23 ‘‘(A) bodily injury, sickness, disease, or 

24 death; 


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1 ‘‘(B) loss of or damage to property, or loss 

2 of use of property; or 

3 ‘‘(C) injury to or destruction or loss of nat4 ural resources, including fish, wildlife, and 

5 drinking water supplies. 

6 ‘‘(2) AGREEMENTS.—Not later than 1 year 

7 after the date of the receipt by the Secretary of a 

8 completed application for a demonstration project, 

9 the Secretary may agree to indemnify and hold 

10 harmless the recipient of a cooperative agreement 

11 under this section from liability arising out of or re12 sulting from a demonstration project in excess of the 

13 amount of liability covered by financial protection 

14 maintained by the recipient under subsection (e)(7). 

15 ‘‘(3) EXCEPTION FOR GROSS NEGLIGENCE AND

16 INTENTIONAL MISCONDUCT.—Notwithstanding para17 graph (1), the Secretary may not indemnify the re18 cipient of a cooperative agreement under this section 

19 from liability arising out of conduct of a recipient 

20 that is grossly negligent or that constitutes inten21 tional misconduct. 

22 ‘‘(4) COLLECTION OF FEES.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 collect a fee from any person with whom an 

25 agreement for indemnification is executed under 


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1 this subsection in an amount that is equal to 

2 the net present value of payments made by the 

3 United States to cover liability under the in4 demnification agreement. 

5 ‘‘(B) AMOUNT.—The Secretary shall estab6 lish, by regulation, criteria for determining the 

7 amount of the fee, taking into account— 

8 ‘‘(i) the likelihood of an incident re9 sulting in liability to the United States 

10 under the indemnification agreement; and 

11 ‘‘(ii) other factors pertaining to the 

12 hazard of the indemnified project. 

13 ‘‘(C) USE OF FEES.—Fees collected under 

14 this paragraph shall be deposited in the Treas15 ury and credited to miscellaneous receipts. 

16 ‘‘(5) CONTRACTS IN ADVANCE OF APPROPRIA17 TIONS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), the Secretary The Secretary may 

20 enter into agreements of indemnification under 

21 this subsection in advance of appropriations 

22 and incur obligations without regard to section 

23 1341 of title 31, United States Code (commonly 

24 known as the ‘Anti-Deficiency Act’), or section 

25 11 of title 41, United States Code (commonly 


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1 known as the ‘Adequacy of Appropriations 

2 Act’). 

3 ‘‘(B) LIMITATION.—The amount of indem4 nification under this subsection shall not exceed 

5 $10,000,000,000 (adjusted not less than once 

6 during each 5-year period following the date of 

7 enactment of this section, in accordance with 

8 the aggregate percentage change in the Con9 sumer Price Index since the previous adjust10 ment under this subparagraph), in the aggre11 gate, for all persons indemnified in connection 

12 with an agreement and for each project, includ13 ing such legal costs as are approved by the Sec14 retary. 

15 ‘‘(6) CONDITIONS OF AGREEMENTS OF INDEM16 NIFICATION.— 

17 ‘‘(A) IN GENERAL.—An agreement of in18 demnification under this subsection may con19 tain such terms as the Secretary considers ap20 propriate to carry out the purposes of this sec21 tion. 

22 ‘‘(B) ADMINISTRATION.—The agreement 

23 shall provide that, if the Secretary makes a de24 termination the United States will probably be 


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1 required to make indemnity payments under the 

2 agreement, the Attorney General— 

3 ‘‘(i) shall collaborate with the recipi4 ent of an award under this subsection; and 

5 ‘‘(ii) may— 

6 ‘‘(I) approve the payment of any 

7 claim under the agreement of indem8 nification; 

9 ‘‘(II) appear on behalf of the re10 cipient; 

11 ‘‘(III) take charge of an action; 

12 and 

13 ‘‘(IV) settle or defend an action. 

14 ‘‘(C) SETTLEMENT OF CLAIMS.— 

15 ‘‘(i) IN GENERAL.—The Attorney 

16 General shall have final authority on behalf 

17 of the United States to settle or approve 

18 the settlement of any claim under this sub19 section on a fair and reasonable basis with 

20 due regard for the purposes of this sub21 section. 

22 ‘‘(ii) EXPENSES.—The settlement 

23 shall not include expenses in connection 

24 with the claim incurred by the recipient. 

25 ‘‘(h) FEDERAL LAND.— 


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1 ‘‘(1) IN GENERAL.—The Secretary concerned 

2 may authorize the siting of a project on Federal 

3 land under the jurisdiction of the Secretary con4 cerned in a manner consistent with applicable laws 

5 and land management plans and subject to such 

6 terms and conditions as the Secretary concerned de7 termines to be necessary. 

8 ‘‘(2) FRAMEWORK FOR GEOLOGICAL CARBON

9 SEQUESTRATION ON PUBLIC LAND.—In determining 

10 whether to authorize a project on Federal land, the 

11 Secretary concerned shall take into account the 

12 framework for geological carbon sequestration on 

13 public land prepared in accordance with section 714 

14 of the Energy Independence and Security Act of 

15 2007 (Public Law 110–140; 121 Stat. 1715). 

16 ‘‘(i) ACCEPTANCE OF TITLE AND LONG-TERM MONI17 TORING.— 

18 ‘‘(1) IN GENERAL.—As a condition of a cooper19 ative agreement under this section, the Secretary 

20 may accept title to, or transfer of administrative ju21 risdiction from another Federal agency over, any 

22 land or interest in land necessary for the monitoring, 

23 remediation, or long-term stewardship of a project 

24 site. 


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1 ‘‘(2) LONG-TERM MONITORING ACTIVITIES.— 

2 After accepting title to, or transfer of, a site closed 

3 in accordance with this section, the Secretary shall 

4 monitor the site and conduct any remediation activi5 ties to ensure the geological integrity of the site and 

6 prevent any endangerment of public health or safety. 

7 ‘‘(3) FUNDING.—There is appropriated to the 

8 Secretary, out of funds of the Treasury not other9 wise appropriated, such sums as are necessary to 

10 carry out paragraph (2).’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 963 of the Energy Policy Act of 

13 2005 (42 U.S.C. 16293) is amended— 

14 (A) by redesignating subsections (a) 

15 through (d) as subsections (b) through (e), re16 spectively; 

17 (B) by inserting before subsection (b) (as 

18 so redesignated) the following: 

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

20 ‘‘(1) INDUSTRIAL SOURCE.—The term ‘indus21 trial source’ means any source of carbon dioxide that 

22 is not naturally occurring. 

23 ‘‘(2) LARGE-SCALE.—The term ‘large-scale’ 

24 means the injection of over 1,000,000 tons of carbon 


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1 dioxide from industrial sources over the lifetime of 

2 the project.’’; 

3 (C) in subsection (b) (as so redesignated), 

4 by striking ‘‘IN GENERAL’’ and inserting ‘‘PRO5 GRAM’’; 

6 (D) in subsection (c) (as so redesignated), 

7 by striking ‘‘subsection (a)’’ and inserting ‘‘sub8 section (b)’’; and 

9 (E) in subsection (d)(3) (as so redesig10 nated), by striking subparagraph (D). 

11 (2) Sections 703(a)(3) and 704 of the Energy 

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

13 17251(a)(3), 17252) are amended by striking ‘‘sec14 tion 963(c)(3) of the Energy Policy Act of 2005 (42 

15 U.S.C. 16293(c)(3))’’ each place it appears and in16 serting ‘‘section 963(d)(3) of the Energy Policy Act 

17 of 2005 (42 U.S.C. 16293(d)(3))’’. 

18 SEC. 372. TRAINING PROGRAM FOR STATE AGENCIES. 

19 (a) ESTABLISHMENT.—The Secretary of Energy, in 

20 consultation with the Administrator of the Environmental 

21 Protection Agency and the Secretary of Transportation, 

22 shall establish a program to provide grants for employee 

23 training purposes to State agencies involved in permitting, 

24 management, inspection, and oversight of carbon capture, 

25 transportation, and storage projects. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of Energy 

3 to carry out this section $10,000,000 for each of fiscal 

4 years 2010 through 2020. 

5 Subtitle G—Island Energy 

6 SEC. 381. AFFILIATED ISLAND ENERGY INDEPENDENCE 

7 TEAM. 

8 (a) DEFINITIONS.—In this section: 

9 (1) AFFILIATED ISLAND.—The term ‘‘affiliated 

10 island’’ means— 

11 (A) the Commonwealth of Puerto Rico; 

12 (B) Guam; 

13 (C) American Samoa; 

14 (D) the Commonwealth of the Northern 

15 Mariana Islands; 

16 (E) the Federated States of Micronesia; 

17 (F) the Republic of the Marshall Islands; 

18 (G) the Republic of Palau; and 

19 (H) the United States Virgin Islands. 

20 (2) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Energy (acting through the Assist22 ant Secretary of Energy Efficiency and Renewable 

23 Energy), in consultation with the Secretary of the 

24 Interior and the Secretary of State. 


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1 (3) TEAM.—The term ‘‘team’’ means the team 

2 established by the Secretary under subsection (b). 

3 (b) ESTABLISHMENT.—As soon as practicable after 

4 the date of enactment of this Act, the Secretary shall as5 semble a team of technical, policy, and financial experts 

6 to address the energy needs of each affiliated island— 

7 (1) to reduce the reliance and expenditure of 

8 each affiliated island on imported fossil fuels; 

9 (2) to increase the use by each affiliated island 

10 of indigenous, nonfossil fuel energy sources; 

11 (3) to improve the performance of the energy 

12 infrastructure of the affiliated island through 

13 projects— 

14 (A) to improve the energy efficiency of 

15 power generation, transmission, and distribu16 tion; and 

17 (B) to increase consumer energy efficiency; 

18 (4) to improve the performance of the energy 

19 infrastructure of each affiliated island through en20 hanced planning, education, and training; 

21 (5) to adopt research-based and public-private 

22 partnership-based approaches as appropriate; 

23 (6) to stimulate economic development and job 

24 creation; and 


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1 (7) to enhance the engagement by the Federal 

2 Government in international efforts to address island 

3 energy needs. 

4 (c) DUTIES OF TEAM.— 

5 (1) ENERGY ACTION PLANS.— 

6 (A) IN GENERAL.—In accordance with 

7 subparagraph (B), the team shall provide tech8 nical, programmatic, and financial assistance to 

9 each utility of each affiliated island, and the 

10 government of each affiliated island, as appro11 priate, to develop and implement an energy Ac12 tion Plan for each affiliated island to reduce the 

13 reliance of each affiliated island on imported 

14 fossil fuels through increased efficiency and use 

15 of indigenous clean-energy resources. 

16 (B) REQUIREMENTS.—Each Action Plan 

17 described in subparagraph (A) for each affili18 ated island shall require and provide for— 

19 (i) the conduct of 1 or more studies to 

20 assess opportunities to reduce fossil fuel 

21 use through— 

22 (I) the improvement of the en23 ergy efficiency of the affiliated island; 

24 and 


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1 (II) the increased use by the af2 filiated island of indigenous clean-en3 ergy resources; 

4 (ii) the identification and implementa5 tion of the most cost-effective strategies 

6 and projects to reduce the dependence of 

7 the affiliated island on fossil fuels; 

8 (iii) the promotion of education and 

9 training activities to improve the capacity 

10 of the local utilities of the affiliated island, 

11 and the government of the affiliated island, 

12 as appropriate, to plan for, maintain, and 

13 operate the energy infrastructure of the af14 filiated island through the use of local or 

15 regional institutions, as appropriate; 

16 (iv) the coordination of the activities 

17 described in clause (iii) to leverage the ex18 pertise and resources of international enti19 ties, the Department of Energy, the De20 partment of the Interior, and the regional 

21 utilities of the affiliated island; 

22 (v) the identification, and develop23 ment, as appropriate, of research-based 

24 and private-public, partnership approaches 

25 to implement the Action Plan; and 


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1 (vi) any other component that the 

2 Secretary determines to be necessary to re3 duce successfully the use by each affiliated 

4 island of fossil fuels. 

5 (2) REPORTS TO SECRETARY.—Not later than 

6 1 year after the date on which the Secretary estab7 lishes the team and biannually thereafter, the team 

8 shall submit to the Secretary a report that contains 

9 a description of the progress of each affiliated island 

10 in— 

11 (A) implementing the Action Plan of the 

12 affiliated island developed under paragraph 

13 (1)(A); and 

14 (B) reducing the reliance of the affiliated 

15 island on fossil fuels. 

16 (d) USE OF REGIONAL UTILITY ORGANIZATIONS.— 

17 To provide expertise to affiliated islands to assist the af18 filiated islands in meeting the purposes of this section, the 

19 Secretary shall consider— 

20 (1) including regional utility organizations in 

21 the establishment of the team; and 

22 (2) providing assistance through regional utility 

23 organizations. 

24 (e) ANNUAL REPORTS TO CONGRESS.—Not later 

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1 ceives a report submitted by the team under subsection 

2 (c)(2), the Secretary shall submit to the appropriate com3 mittees of Congress a report that contains a summary of 

4 the report of the team. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section. 

8 TITLE IV—ENERGY INNOVATION 

9 AND WORKFORCE DEVELOP10 MENT 

11 Subtitle A—Funding 

12 SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR EN13 ERGY RESEARCH, DEVELOPMENT, DEM14 ONSTRATION, AND COMMERCIAL APPLICA15 TION ACTIVITIES. 

16 (a) ENERGY EFFICIENCY; DISTRIBUTED ENERGY

17 AND ELECTRIC ENERGY SYSTEMS; RENEWABLE EN18 ERGY.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Secretary to carry out research, 

21 development, demonstration, and commercial appli22 cation activities described in paragraph (2)— 

23 (A) $1,974,000,000 for fiscal year 2010; 

24 (B) $2,388,000,000 for fiscal year 2011; 


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1 (C) $2,821,000,000 for fiscal year 2012; 

2 and 

3 (D) $3,258,000,000 for fiscal year 2013. 

4 (2) ACTIVITIES.—Paragraph (1) applies to— 

5 (A) energy efficiency and conservation re6 search, development, demonstration, and com7 mercial application activities, including activi8 ties authorized under subtitle A of title IX of 

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

10 16191 et seq.); 

11 (B) distributed energy and electric energy 

12 system activities, including activities authorized 

13 under subtitle B of title IX of that Act (42 

14 U.S.C. 16211 et seq.); and 

15 (C) renewable energy research, develop16 ment, demonstration, and commercial applica17 tion activities, including activities authorized 

18 under subtitle C of title IX of that Act (42 

19 U.S.C. 16231 et seq.). 

20 (b) NUCLEAR ENERGY.—Section 951 of the Energy 

21 Policy Act of 2005 (42 U.S.C. 16271) is amended by 

22 striking subsection (b) and inserting the following: 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR

24 CORE PROGRAMS.—There are authorized to be appro25 priated to the Secretary to carry out nuclear energy reVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 search, development, demonstration, and commercial ap2 plication activities, including activities authorized under 

3 this subtitle— 

4 ‘‘(1) $998,000,000 for fiscal year 2010; 

5 ‘‘(2) $1,196,000,000 for fiscal year 2011; 

6 ‘‘(3) $1,394,000,000 for fiscal year 2012; and 

7 ‘‘(4) $1,592,000,000 for fiscal year 2013.’’. 

8 (c) FOSSIL ENERGY.—Section 961(b) of the Energy 

9 Policy Act of 2005 (42 U.S.C. 16291(b)) is amended— 

10 (1) in paragraph (2), by striking ‘‘and’’ after 

11 the semicolon at the end; 

12 (2) in paragraph (3), by striking the period at 

13 the end and inserting a semicolon; and 

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

15 ‘‘(4) $1,074,000,000 for fiscal year 2010; 

16 ‘‘(5) $1,272,000,000 for fiscal year 2011; 

17 ‘‘(6) $1,470,000,000 for fiscal year 2012; and 

18 ‘‘(7) $1,668,000,000 for fiscal year 2013.’’. 

19 (d) OFFICE OF SCIENCE.—Section 971(b) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16311(b)) is amend21 ed— 

22 (1) in paragraph (3), by striking ‘‘and’’ after 

23 the semicolon at the end; and 

24 (2) by striking paragraph (4) and inserting the 

25 following: 


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1 ‘‘(4) $5,800,000,000 for fiscal year 2010; 

2 ‘‘(5) $6,468,740,000 for fiscal year 2011; 

3 ‘‘(6) $7,214,586,000 for fiscal year 2012; and 

4 ‘‘(7) $8,046,427,000 for fiscal year 2013.’’. 

5 Subtitle B—Grand Energy 

6 Challenges Research Initiative 

7 SEC. 411. GRAND ENERGY CHALLENGES RESEARCH INITIA8 TIVE. 

9 (a) ESTABLISHMENT.—The Secretary, acting 

10 through the Under Secretary for Science and the Under 

11 Secretary for Energy (referred to in this section as the 

12 ‘‘Under Secretaries’’), shall establish a Grand Energy 

13 Challenges Research Initiative for the purposes of accel14 erating the solutions to Grand Energy Challenges through 

15 the establishment of large-scale, multidisciplinary activi16 ties that blend research in basic, applied, and engineering 

17 sciences, technology development, and other relevant dis18 ciplines. 

19 (b) ADMINISTRATION.—The Under Secretaries shall 

20 initiate large-scale research activities that bring together 

21 the skills and talents of multiple investigators to enable 

22 high-risk, cross-cutting research of a scope and complexity 

23 that would not be practicable with individual investigators. 

24 (c) GRAND ENERGY CHALLENGES.—Not later than 

25 180 days after the date of enactment of this Act, the 


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1 Under Secretaries shall publish in the Federal Register 

2 a description of Grand Challenges in Energy that in3 cludes— 

4 (1) the Challenges described in the Basic Re5 search Needs Workshops reports published by the 

6 Office of Basic Energy Sciences of the Office of 

7 Science of the Department of Energy; 

8 (2) the Challenges described in the reports enti9 tled ‘‘Directing Matter and Energy: Five Challenges 

10 for Science and the Imagination’’ and ‘‘New Science 

11 for a Secure and Sustainable Energy Future’’ of the 

12 Basic Energy Sciences Advisory Committee of the 

13 Department of Energy; and 

14 (3) the energy-related Challenges described in 

15 the report entitled ‘‘Grand Challenges for Engineer16 ing’’ of the National Academy of Engineering. 

17 (d) GRAND CHALLENGE RESEARCH GRANTS.— 

18 (1) IN GENERAL.—The Department of Energy 

19 shall carry out the research activities of the Initia20 tive by competitively awarding grants to, entering 

21 into cooperative agreements with, or executing other 

22 transactions with (consistent with section 1007(g) of 

23 the Energy Policy Act of 2005 (42 U.S.C. 7256(g)) 

24 consortiums that clearly indicate to the Department 

25 the manner by which the proposed research— 


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1 (A) is motivated by and is designed to ad2 dress 1 or more of the Grand Energy Chal3 lenges described in subsection (c); 

4 (B) will contribute to fundamental sci5 entific, engineering, and technology under6 standing; and 

7 (C) will integrate diverse approaches to 

8 solving 1 or more of the Grand Energy Chal9 lenges through a robust management plan de10 signed to achieve success. 

11 (2) CONSORTIUMS.—To be eligible for a Grand 

12 Energy Challenge research grant, cooperative agree13 ment, or other transaction, a consortium shall— 

14 (A) be made up of 1 or more of the fol15 lowing groups— 

16 (i) institutions of higher education; 

17 (ii) National Laboratories of the De18 partment of Energy; 

19 (iii) Federally-funded research and de20 velopment centers; 

21 (iv) private industry; and 

22 (v) not-for-profit institutions; 

23 (B) be comprised of at least 1 non-Federal 

24 entity; and 


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1 (C) develop a multiyear road map that pro2 vides achievable metrics for overcoming the 

3 Grand Energy Challenges described in sub4 section (c). 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to such sums as are nec7 essary to carry out this section for each of fiscal years 

8 2010 through 2019. 

9 Subtitle C—Improvements to Exist10 ing Energy Research and Devel11 opment Programs 

12 SEC. 421. ADVANCED RESEARCH PROJECTS AGENCY—EN13 ERGY. 

14 Section 5012 of the America COMPETES Act (42 

15 U.S.C. 16538) is amended— 

16 (1) in subsection (a)(3), by striking ‘‘subsection 

17 (m)(1)’’ and inserting ‘‘subsection (n)(1)’’; 

18 (2) in subsection (c)(1)(A)— 

19 (A) in the matter preceding clause (i), by 

20 striking ‘‘energy technologies’’ and inserting 

21 ‘‘technologies’’; and 

22 (B) in clause (ii), by striking ‘‘, including 

23 greenhouse gases’’ and inserting ‘‘and green24 house gas emissions from all sources’’; 


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1 (3) in subsection (e)(1), by striking ‘‘all’’ and 

2 inserting ‘‘the initiation of’’; 

3 (4) by redesignating subsections (f) through 

4 (m) as subsections (g) through (n), respectively; 

5 (5) by inserting after subsection (e) the fol6 lowing: 

7 ‘‘(f) ADMINISTRATION.—In carrying out this section, 

8 ARPA-E may initiate and execute grants, contracts, coop9 erative agreements, and other transactions separate from 

10 the Department of Energy.’’; 

11 (6) in subsection (g)(1)(B)(iv) (as redesignated 

12 by paragraph (4)), by striking ‘‘subsection (j)’’ and 

13 inserting ‘‘subsection (k)’’; 

14 (7) in subsection (h)(2) (as redesignated by 

15 paragraph (4))— 

16 (A) by striking ‘‘2008’’ and inserting 

17 ‘‘2009’’; and 

18 (B) by striking ‘‘2011’’ and inserting 

19 ‘‘2012’’; and 

20 (8) in subsection (l)(1) (as redesignated by 

21 paragraph (4)), by striking ‘‘4 years’’ and inserting 

22 ‘‘7 years’’; and 

23 (9) in subsection (n)(2)(B) (as redesignated by 

24 paragraph (4)), by striking ‘‘and 2010’’ and insert25 ing ‘‘through 2020’’. 


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1 SEC. 422. DOMESTIC VEHICLE BATTERY MANUFACTURING 

2 RESEARCH. 

3 The United States Energy Storage Competitiveness 

4 Act of 2007 (42 U.S.C. 17231) is amended— 

5 (1) by redesignating subsections (l) through (p) 

6 as subsections (m) through (q), respectively; 

7 (2) by inserting after subsection (k) the fol8 lowing: 

9 ‘‘(l) DOMESTIC VEHICLE BATTERY MANUFACTURING

10 RESEARCH.— 

11 ‘‘(1) IN GENERAL.—The Secretary, acting 

12 through the Assistant Secretary for Energy Effi13 ciency and Renewable Energy, shall conduct a re14 search program on manufacturing batteries and bat15 tery systems to support electric drive vehicles. 

16 ‘‘(2) PURPOSES.—The purpose of the program 

17 shall be to improve existing processes, or develop 

18 new manufacturing processes, to enable higher qual19 ity and less expensive energy batteries for electric 

20 drive vehicles. 

21 ‘‘(3) PARTICIPANTS.—The program shall be 

22 conducted by teams of researchers, which may in23 clude— 

24 ‘‘(A) energy storage systems manufactur25 ers; 


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1 ‘‘(B) material and equipment suppliers of 

2 battery and battery system manufacturers; 

3 ‘‘(C) electric drive vehicle manufacturers; 

4 ‘‘(D) National Laboratories; 

5 ‘‘(E) other Federal agencies; 

6 ‘‘(F) State and local governments; and 

7 ‘‘(G) institutions of higher education.’’; 

8 (3) in subsection (n) (as redesignated by para9 graph (1)), by striking ‘‘and (k)’’ and inserting ‘‘(k), 

10 and (l)’’; and 

11 (4) in subsection (q) (as redesignated by para12 graph (1))— 

13 (A) in paragraph (5), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (6), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(7) the domestic vehicle energy storage manu19 facturing research program under subsection (l) 

20 such sums as are necessary for each of fiscal years 

21 2009 through 2018.’’. 


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1 SEC. 423. LIGHTWEIGHT MATERIALS RESEARCH AND DE2 VELOPMENT. 

3 Section 651 of the Energy Independence and Security 

4 Act of 2007 (42 U.S.C. 17241) is amended by striking 

5 subsection (b) and inserting the following: 

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $100,000,000 for the period of fiscal years 2010 through 

9 2013.’’. 

10 SEC. 424. AMENDMENTS TO THE METHANE HYDRATE RE11 SEARCH AND DEVELOPMENT ACT OF 2000. 

12 (a) FINDINGS.—Section 2 of the Methane Hydrate 

13 Research and Development Act of 2000 (30 U.S.C. 2001) 

14 is amended— 

15 (1) in paragraph (4), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (5), by striking the period at 

18 the end and inserting a semicolon; and 

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

20 ‘‘(6) methane is a powerful greenhouse gas that 

21 may be exchanged between terrestrial methane hy22 drate reservoirs and the atmosphere by natural or 

23 anthropogenic processes; and 

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1 nificant environmental effects, including global cli2 mate change.’’. 

3 (b) METHANE HYDRATE RESEARCH AND DEVELOP4 MENT PROGRAM.— 

5 (1) IN GENERAL.—Section 4 of the Methane 

6 Hydrate Research and Development Act of 2000 (30 

7 U.S.C. 2003) is amended by striking subsection (b) 

8 and inserting the following: 

9 ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE AGREE10 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS, 

11 AND FIELD WORK PROPOSALS.— 

12 ‘‘(1) ASSISTANCE AND COORDINATION.—In car13 rying out the program of methane hydrate research 

14 and development authorized by this section, the Sec15 retary may award grants to, or enter into contracts 

16 or cooperative agreements with, institutions that— 

17 ‘‘(A) conduct basic and applied research to 

18 identify, explore, assess, and develop methane 

19 hydrate as a commercially viable source of en20 ergy; 

21 ‘‘(B) identify and characterize methane hy22 drate resources using remote sensing and seis23 mic data; 


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1 ‘‘(C) develop technologies required for effi2 cient and environmentally sound development of 

3 methane hydrate resources; 

4 ‘‘(D) conduct basic and applied research to 

5 assess and mitigate the environmental impact of 

6 hydrate degassing (including natural degassing 

7 and degassing associated with commercial de8 velopment); 

9 ‘‘(E) develop technologies to reduce the 

10 risks of drilling through methane hydrates; 

11 ‘‘(F) conduct exploratory drilling, well test12 ing, and production testing operations on per13 mafrost and nonpermafrost gas hydrates in 

14 support of the activities authorized by this 

15 paragraph, including drilling of 3 or more full16 scale production test wells; or 

17 ‘‘(G) expand education and training pro18 grams in methane hydrate resource research 

19 and resource development through fellowships 

20 or other means for graduate education and 

21 training. 

22 ‘‘(2) ENVIRONMENTAL MONITORING.—The Sec23 retary shall conduct a long-term environmental mon24 itoring program to study the effects of production 

25 from methane hydrate reservoirs. 


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1 ‘‘(3) COMPETITIVE PEER REVIEW.—Funds 

2 made available under paragraphs (1) and (2) shall 

3 be made available based on a competitive process 

4 using external scientific peer review of proposed re5 search.’’. 

6 (2) CONFORMING AMENDMENT.—Section 4(e) 

7 of the Methane Hydrate Research and Development 

8 Act of 2000 (30 U.S.C. 2003(e)) is amended in the 

9 matter preceding paragraph (1) by striking ‘‘sub10 section (b)(1)’’ and inserting ‘‘paragraphs (1) and 

11 (2) of subsection (b)’’. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—The 

13 Methane Hydrate Research and Development Act of 2000 

14 is amended by striking section 7 (30 U.S.C. 2006) and 

15 inserting the following: 

16 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There are authorized to be appropriated to the Sec18 retary to carry out this Act, to remain available until ex19 pended— 

20 ‘‘(1) for use in carrying out section 4(b)(1)— 

21 ‘‘(A) $60,000,000 for fiscal year 2011; 

22 ‘‘(B) $70,000,000 for fiscal year 2012; 

23 ‘‘(C) $80,000,000 for fiscal year 2013; 

24 ‘‘(D) $90,000,000 for fiscal year 2014; 

25 and 


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1 ‘‘(E) $90,000,000 for fiscal year 2015; and 

2 ‘‘(2) for use in carrying out section 4(b)(2), 

3 $10,000,000 for each of fiscal years 2010 through 

4 2015.’’. 

5 SEC. 425. PROGRAM TO EXPLOIT LOW-BTU GAS AND CON6 SERVE HELIUM RESOURCES. 

7 (a) DEFINITION OF LOW-BTU GAS.—In this section, 

8 the term ‘‘low-Btu gas’’ means a fuel gas with a heating 

9 value of less than 250 Btu per cubic foot measured as 

10 the higher heating value resulting from the inclusion of 

11 noncombustible gases, including nitrogen, helium, argon, 

12 and carbon dioxide. 

13 (b) AUTHORIZATION.—The Secretary shall support 

14 programs of research, development, commercial applica15 tion, and conservation to expand the domestic production 

16 of low-Btu gas and helium resources, including the pro17 grams described in subsection (c). 

18 (c) PROGRAMS.— 

19 (1) MEMBRANE TECHNOLOGY RESEARCH.—The 

20 Secretary, in consultation with other appropriate 

21 agencies, shall support a civilian research program 

22 to develop advanced membrane technology that is 

23 used in the separation of gases from applications, in24 cluding those that— 


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1 (A) pull off constituent gases that lower 

2 the Btu content of natural gas; or 

3 (B) pull gases from landfills and separate 

4 out methane. 

5 (2) HELIUM SEPARATION TECHNOLOGY.—The 

6 Secretary shall support a research program to de7 velop technologies for separating, gathering, and 

8 processing helium in low concentrations that occurs 

9 naturally in geologic reservoirs or formations, includ10 ing low-Btu gas production streams. 

11 (3) INDUSTRIAL HELIUM PROGRAM.—The Sec12 retary, working through the Industrial Technologies 

13 Program of the Department of Energy, shall support 

14 a research program— 

15 (A) to develop technologies for recycling, 

16 reprocessing, and reusing helium; and 

17 (B) to develop industrial gathering tech18 nologies to capture helium from other chemical 

19 processing, including ammonia processing. 

20 (d) INCENTIVES FOR INNOVATIVE TECHNOLOGIES.— 

21 Section 1703(b) of the Energy Policy Act of 2005 (42 

22 U.S.C. 16513(b)) is amended by adding at the end the 

23 following: 


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1 ‘‘(11) Low-Btu gas (as defined in section 

2 425(a) of the American Clean Energy Leadership 

3 Act of 2009) and helium gas projects.’’. 

4 SEC. 426. OFFICE OF ARCTIC ENERGY. 

5 (a) IN GENERAL.—Title II of the Department of En6 ergy Organization Act (42 U.S.C. 7131 et seq.) is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 218. OFFICE OF ARCTIC ENERGY. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary may establish 

10 within the Department an Office of Arctic Energy (re11 ferred to in this section as the ‘Office’). 

12 ‘‘(b) PURPOSES.—The purposes of the Office shall 

13 be— 

14 ‘‘(1) to promote research, development, and de15 ployment of electric power technology that is cost-ef16 fective and especially well suited to meet the needs 

17 of rural and remote regions of the United States, es18 pecially regions in which permafrost is present or lo19 cated nearby; 

20 ‘‘(2) to promote research, development, and de21 ployment in regions described in paragraph (1) of— 

22 ‘‘(A) enhanced oil recovery technology, in23 cluding heavy oil recovery, reinjection of carbon, 

24 and extended reach drilling technologies; 


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1 ‘‘(B) gas-to-liquids technology and lique2 fied natural gas (including associated transpor3 tation systems); 

4 ‘‘(C) small hydroelectric facilities, river 

5 turbines, and tidal power; and 

6 ‘‘(D) natural gas hydrates, coal bed meth7 ane, and shallow bed natural gas; and 

8 ‘‘(3) to promote research, development, and de9 ployment in those regions of cold weather of alter10 native energy research, including wind, geothermal, 

11 fuel cells, biomass, ocean hydrokinetic energy, and 

12 solar energy. 

13 ‘‘(c) LOCATION.—The Secretary shall locate the Of14 fice at an institution of higher education with expertise 

15 and experience in the matters described in subsection (b). 

16 ‘‘(d) ANNUAL REPORTS.—The Secretary shall submit 

17 to Congress an annual report that describes the research 

18 program that is proposed to carry out subsection (b)(3). 

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

20 are authorized to be appropriated to the Secretary to carry 

21 out this section— 

22 ‘‘(1) $15,000,000 for fiscal year 2010; 

23 ‘‘(2) $20,000,000 for fiscal year 2011; and 

24 ‘‘(3) $22,500,000 for fiscal year 2012 and each 

25 fiscal year thereafter.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 3197 of the Floyd D. Spence Na3 tional Defense Authorization Act for Fiscal Year 

4 2001 (42 U.S.C. 7144d) is repealed. 

5 (2) The table of contents in the first section of 

6 the Department of Energy Organization Act (42 

7 U.S.C. 7101) is amended by adding at the end of 

8 the items relating to title II the following: 

‘‘Sec. 218. Office of Arctic Energy.’’. 

9 SEC. 427. ULTRA-DEEPWATER AND UNCONVENTIONAL NAT10 URAL GAS AND OTHER PETROLEUM RE11 SOURCES PROGRAM. 

12 (a) PROGRAM.—Section 999A(a) of the Energy Pol13 icy Act of 2005 (42 U.S.C. 16371(a)) is amended— 

14 (1) by striking ‘‘The Secretary’’ and inserting 

15 the following: 

16 ‘‘(1) ESTABLISHMENT.—The Secretary’’; and 

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

18 ‘‘(2) NAME.—The program established under 

19 this section shall be known as the ‘Unconventional 

20 Domestic Natural Gas and Other Petroleum Re21 sources Program’.’’. 

22 (b) PURPOSES.—Section 999A of the Energy Policy 

23 Act of 2005 (42 U.S.C. 16371) is amended by adding at 

24 the end the following: 


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1 ‘‘(f) PURPOSES.—In carrying out the program au2 thorized by this subtitle, the Secretary shall seek to estab3 lish partnerships with research performers in institutions 

4 of higher education and the private sector to undertake 

5 research and development not likely otherwise to be under6 taken in the absence of support from the program.’’. 

7 (c) ANNUAL PLAN.—Section 999B(e)(3) of the En8 ergy Policy Act of 2005 (42 U.S.C. 16372(e)(3)) is 

9 amended by striking ‘‘The Secretary’’ and inserting ‘‘Not 

10 later than February 1 of each year, the Secretary’’. 

11 (d) FORM OF AWARD.—Section 999B(f) of the En12 ergy Policy Act of 2005 (42 U.S.C. 16372(f)) is amended 

13 by adding at the end the following: 

14 ‘‘(4) FORM OF AWARD.—The program consor15 tium may make awards in the form of grants, con16 tracts, cooperative agreements, or other trans17 actions.’’. 

18 (e) EXTENSION.—Section 999F of the Energy Policy 

19 Act of 2005 (42 U.S.C. 16376) is amended by striking 

20 ‘‘2014’’ and inserting ‘‘2017’’. 

21 (f) DEFINITION OF PROGRAM ADMINISTRATION

22 FUNDS.—Section 999G(3) of the Energy Policy Act of 

23 2005 (42 U.S.C. 16377(3)) is amended by inserting ‘‘the 

24 greater of $4,000,000 or’’ after ‘‘not to exceed’’. 


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1 (g) FUNDING.—Section 999H(e) of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16378(e)) is amended by strik3 ing ‘‘$100,000,000’’ and inserting ‘‘$350,000,000’’. 

4 Subtitle D—Energy Workforce 

5 Development 

6 SEC. 431. BEST PRACTICES FOR ENERGY CAREER ACAD7 EMIES. 

8 Section 3164 of the Department of Energy Science 

9 Education Enhancement Act (42 U.S.C. 7381a) is amend10 ed— 

11 (1) by redesignating subsections (c) through (f) 

12 as subsections (d) through (g), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) ENERGY CAREER ACADEMIES.—The Director of 

16 Science, Engineering, and Mathematics Education shall 

17 disseminate best practices for career pathway programs 

18 at public secondary schools that— 

19 ‘‘(1) prepare students for careers in the energy 

20 technology industry (as defined in section 1101 of 

21 the Energy Policy Act of 2005 (42 U.S.C. 16411); 

22 and 

23 ‘‘(2) provide sufficient training to allow acad24 emy graduates to secure entry-level employment or 

25 apprenticeships in the energy technology industry.’’. 


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1 SEC. 432. ENERGY CAREER ACADEMIES. 

2 The Department of Energy Science Education En3 hancement Act is amended— 

4 (1) by redesignating sections 3168 and 3169 

5 (42 U.S.C. 7381d, 7381e) as sections 3169 and 

6 3170, respectively; and 

7 (2) by inserting after section 3167 (42 U.S.C. 

8 7381c–1) the following: 

9 ‘‘SEC. 3168. ENERGY CAREER ACADEMIES. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to es11 tablish a program of grants to State educational agencies 

12 to help local educational agencies create or expand energy 

13 career academies. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) COMMUNITY COLLEGE.—The term ‘com16 munity college’ means— 

17 ‘‘(A) a junior or community college (as de18 fined in section 312(f) of the Higher Education 

19 Act of 1965 (20 U.S.C. 1058(f))); and 

20 ‘‘(B) an institution of higher education at 

21 which more than 35 percent of all degrees are 

22 awarded at the 2-year level or below. 

23 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

24 the Director of Science, Engineering, and Mathe25 matics Education. 


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1 ‘‘(3) ENERGY CAREER ACADEMY.—The term 

2 ‘energy career academy’ means a public secondary 

3 school that meets the best practices determined by 

4 the Director under section 3164(c). 

5 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term 

6 ‘local educational agency’ has the meaning given the 

7 term in section 9101 of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7801). 

9 ‘‘(5) SECONDARY SCHOOL.—The term ‘sec10 ondary school’ has the meaning given the term in 

11 section 9101 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 7801). 

13 ‘‘(6) STATE EDUCATIONAL AGENCY.—The term 

14 ‘State educational agency’ has the meaning given the 

15 term in section 9101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 ‘‘(c) GRANTS.—From the amounts made available 

18 under subsection (h), the Secretary, acting through the 

19 Director and in consultation with the Secretary of Labor, 

20 shall award renewable 5-year grants to State educational 

21 agencies on a competitive basis, to provide assistance to 

22 local educational agencies for the costs of establishing or 

23 expanding energy career academies. 

24 ‘‘(d) FEDERAL AND NON-FEDERAL SHARES.— 


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1 ‘‘(1) FEDERAL SHARE.—The Federal share of 

2 the costs described in subsection (c) shall not exceed 

3 33 percent. 

4 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

5 share of the costs described in subsection (c) shall 

6 be— 

7 ‘‘(A) not less than 67 percent; and 

8 ‘‘(B) provided from non-Federal sources, 

9 in cash or in kind, fairly evaluated, including 

10 services. 

11 ‘‘(3) MAINTENANCE OF EFFORT.—A State edu12 cational agency shall provide assurances to the Sec13 retary that funds provided to the State under this 

14 section will be used only to supplement, not to sup15 plant, the amount of Federal, State, and local funds 

16 otherwise expended for activities covered by this sec17 tion in the State. 

18 ‘‘(e) APPLICATION.—To be eligible to receive a grant 

19 under this section, a State educational agency shall submit 

20 to the Director an application at such time, in such man21 ner, and containing such information as the Director may 

22 require that describes— 

23 ‘‘(1) the process by which, and selection criteria 

24 with which, the State educational agency will select 


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1 and designate a public secondary school to host the 

2 proposed energy career academy; 

3 ‘‘(2) how the State educational agency will en4 sure that funds made available under this section 

5 are used to establish or expand an energy career 

6 academy; 

7 ‘‘(3) how the State educational agency will use 

8 technical assistance and support from the Depart9 ment, industry partners, community colleges, and 

10 other entities with experience and expertise in en11 ergy workforce training; 

12 ‘‘(4) the curricula and materials to be used in 

13 the energy career academy; 

14 ‘‘(5) the availability of funds from non-Federal 

15 sources for the costs of the activities authorized 

16 under this section; and 

17 ‘‘(6) a plan to sustain the program without 

18 Federal funding. 

19 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

20 section, the Director shall ensure a wide, equitable dis21 tribution of grants among regions of the United States. 

22 ‘‘(g) EVALUATION AND REPORT.— 

23 ‘‘(1) EVALUATION.—Each State educational 

24 agency that receives a grant under this section shall 

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1 ability plan for the activities funded through the 

2 grant that measures the impact of the activities, in3 cluding measurable objectives for student academic 

4 achievement, and job placement statistics for acad5 emy graduates. 

6 ‘‘(2) REPORT TO DIRECTOR.—The State edu7 cational agency shall submit to the Director a report 

8 describing the results of the evaluation and account9 ability plan. 

10 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

11 years after the date of enactment of the American 

12 Clean Energy Leadership Act of 2009, the Director 

13 shall submit a report describing the impact of the 

14 activities assisted with funds made available under 

15 this section to— 

16 ‘‘(A) the Committee on Science and Tech17 nology of the House of Representatives; 

18 ‘‘(B) the Committee on Energy and Com19 merce of the House of Representatives; 

20 ‘‘(C) the Committee on Education and 

21 Labor of the House of Representatives; 

22 ‘‘(D) the Committee on Energy and Nat23 ural Resources of the Senate; and 

24 ‘‘(E) the Committee on Health, Education, 

25 Labor, and Pensions of the Senate. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 ‘‘(1) $14,000,000 for fiscal year 2009; 

5 ‘‘(2) $22,500,000 for fiscal year 2010; and 

6 ‘‘(3) $30,000,000 for fiscal year 2011.’’. 

7 SEC. 433. ENERGY UTILITY TRADES PROGRAM FOR COMMU8 NITY COLLEGES. 

9 The Protecting America’s Competitive Edge Through 

10 Energy Act (42 U.S.C. 16531 et seq.) is amended— 

11 (1) by redesignating sections 5006 through 

12 5012 (42 U.S.C. 16534 through 16538) as sections 

13 5007 through 5013, respectively; and 

14 (2) by inserting after section 5005 (42 U.S.C. 

15 16533) the following: 

16 ‘‘SEC. 5006. ENERGY UTILITY TRADES PROGRAM FOR COM17 MUNITY COLLEGES. 

18 ‘‘(a) PURPOSE.—The purpose of this section is to ad19 dress the decline in the number of qualified employees for 

20 the energy utility industry. 

21 ‘‘(b) DEFINITION OF COMMUNITY COLLEGE.—In this 

22 section, the term ‘community college’ means— 

23 ‘‘(1) a junior or community college (as defined 

24 in section 312(f) of the Higher Education Act of 

25 1965 (20 U.S.C. 1058(f))); and 


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1 ‘‘(2) an institution of higher education at which 

2 more than 35 percent of all degrees are awarded at 

3 the 2-year level or below. 

4 ‘‘(c) ESTABLISHMENT.—The Secretary shall estab5 lish, in accordance with this section, a program to expand 

6 and enhance the educational capabilities of community col7 leges to prepare students for careers in trades relevant to 

8 the energy utility industry. 

9 ‘‘(d) GRANTS.—The Secretary shall award competi10 tive grants to community colleges that establish or expand 

11 academic degree programs in the energy utility trades, in12 cluding technicians in the nuclear utilities industry. 

13 ‘‘(e) PRIORITY.—In evaluating grants under this sec14 tion, the Secretary shall give priority to proposals that in15 volve existing or new partnerships with private industry 

16 or other eligible energy utility entities or involve schools 

17 with underserved populations, as determined by the Sec18 retary. 

19 ‘‘(f) CRITERIA.—Criteria for a grant awarded under 

20 this section shall be based on— 

21 ‘‘(1) the potential to attract students to the 

22 program; 

23 ‘‘(2) the ability to offer hands-on learning op24 portunities (including internships and apprentice25 ship) in the energy utility sector; 


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1 ‘‘(3) a demonstrated commitment to partner 

2 with secondary schools to promote careers in the en3 ergy utility industry; and 

4 ‘‘(4) the long-term sustainability of the program 

5 without Federal funding. 

6 ‘‘(g) DURATION AND AMOUNT.— 

7 ‘‘(1) DURATION.—A grant under this section 

8 may be— 

9 ‘‘(A) up to 5 years in duration; and 

10 ‘‘(B) renewed subject to the criteria de11 scribed in subsection (f). 

12 ‘‘(2) AMOUNT.—A community college that re13 ceives a grant under this section shall be eligible for 

14 up to $500,000 for each year of the grant period. 

15 ‘‘(h) USE OF FUNDS.—A community college that re16 ceives a grant under this section may use the grant to— 

17 ‘‘(1) recruit and retain new faculty; 

18 ‘‘(2) develop core and specialized course con19 tent; 

20 ‘‘(3) encourage collaboration between faculty 

21 and industry partners; 

22 ‘‘(4) support outreach efforts to recruit stu23 dents; and 

24 ‘‘(5) provide scholarships to participating stu25 dents.’’. 


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1 SEC. 434. STUDENT AWARENESS OF ENERGY CAREER OP2 PORTUNITIES. 

3 Section 1101 of the Energy Policy Act of 2005 (42 

4 U.S.C. 16411) is amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (1) and 

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

8 (B) by inserting before paragraph (2) (as 

9 so redesignated) the following: 

10 ‘‘(1) COMMUNITY COLLEGE.—The term ‘com11 munity college’ means— 

12 ‘‘(A) a junior or community college (as de13 fined in section 312(f) of the Higher Education 

14 Act of 1965 (20 U.S.C. 1058(f))); and 

15 ‘‘(B) an institution of higher education at 

16 which more than 35 percent of all degrees are 

17 awarded at the 2-year level or below.’’; 

18 (2) by redesignating subsection (d) as sub19 section (f); and 

20 (3) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) CAREER COUNSELOR OUTREACH.—The Sec23 retary, in consultation with the Secretary of Labor, shall 

24 establish a program to communicate information collected 

25 under subsection (b) on a nationwide basis to— 

26 ‘‘(1) guidance counselors at secondary schools; 


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1 ‘‘(2) career development offices at community 

2 colleges and institutions of higher education; and 

3 ‘‘(3) principals and district superintendents. 

4 ‘‘(e) STUDENT AWARENESS OF ENERGY CAREER OP5 PORTUNITIES.—The Secretary shall create and maintain 

6 a website, and interface with Federal Trio programs, 

7 GEAR UP programs, or similar programs, to provide sec8 ondary and postsecondary school students with informa9 tion on careers in energy technology industries, includ10 ing— 

11 ‘‘(1) career information and job descriptions for 

12 the energy technology industry; 

13 ‘‘(2) projected workforce shortages in the en14 ergy technology industry; 

15 ‘‘(3) a comprehensive listing and description of 

16 institutions of higher education providing degrees 

17 with a specific focus on the energy technology indus18 try; 

19 ‘‘(4) a comprehensive listing and description of 

20 community colleges and career training programs 

21 with a particular focus on the energy technology in22 dustry; and 

23 ‘‘(5) sources of scholarships and other forms of 

24 financial aid with particular relevance to the energy 

25 technology industry.’’. 


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1 SEC. 435. COORDINATION OF ENERGY WORKFORCE TRAIN2 ING PROGRAMS. 

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

4 date of enactment of this Act, the Director of the Office 

5 of Science and Technology Policy shall submit to Congress 

6 a report that surveys energy workforce training programs 

7 funded by Federal agencies, including— 

8 (1) programs for training skilled technical per9 sonnel (as defined in section 1101(a) of the Energy 

10 Policy Act of 2005 (42 U.S.C. 16411(a))); 

11 (2) undergraduate and graduate degree pro12 grams with course curricula related to the produc13 tion, transmission, and use of energy; and 

14 (3) secondary school programs with course cur15 ricula relating to the production, transmission, and 

16 use of energy. 

17 (b) COORDINATION PLAN.—The plan shall provide— 

18 (1) a coordinated Federal strategy for sup19 porting the training of a domestic workforce to sup20 port the production, transmission, and use of energy 

21 in the United States; and 

22 (2) a 5-year budget profile to support the strat23 egy. 

24 SEC. 436. DIRECT HIRE AUTHORITY. 

25 (a) IN GENERAL.—Notwithstanding sections 3304 

26 and 3309 through 3318 of title 5, United States Code, 


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1 the Secretary may, upon a determination that there is a 

2 severe shortage of candidates or a critical hiring need for 

3 particular positions, recruit and directly appoint highly 

4 qualified scientists, engineers, or critical technical per5 sonnel into the competitive service. 

6 (b) EXCEPTION.—The authority granted under sub7 section (a) shall not apply to positions in the excepted 

8 service or the Senior Executive Service. 

9 (c) REQUIREMENTS.—In exercising the authority 

10 granted under subsection (a), the Secretary shall ensure 

11 that any action taken by the Secretary— 

12 (1) is consistent with the merit principles of 

13 section 2301 of title 5, United States Code; and 

14 (2) complies with the public notice requirements 

15 of section 3327 of title 5, United States Code. 

16 (d) TERMINATION OF EFFECTIVENESS.—The au17 thority provided by this section terminates effective on the 

18 date that is 2 years after the date of enactment of this 

19 Act. 

20 SEC. 437. CRITICAL PAY AUTHORITY. 

21 (a) IN GENERAL.—Notwithstanding section 5377 of 

22 title 5, United States Code, and without regard to the pro23 visions of that title governing appointments in the com24 petitive service or the Senior Executive Service and chap25 ters 51 and 53 of that title (relating to classification and 


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1 pay rates), the Secretary may establish, fix the compensa2 tion of, and appoint individuals to critical positions needed 

3 to carry out the functions of the Department of Energy, 

4 if the Secretary certifies that— 

5 (1) the positions— 

6 (A) require expertise of an extremely high 

7 level in a scientific or technical field; and 

8 (B) the Department of Energy would not 

9 successfully accomplish an important mission 

10 without such an individual; and 

11 (2) exercise of the authority is necessary to re12 cruit an individual exceptionally well qualified for 

13 the position. 

14 (b) LIMITATIONS.—The authority granted under sub15 section (a) shall be subject to the following conditions: 

16 (1) The number of critical positions authorized 

17 by subsection (a) may not exceed 40 at any 1 time 

18 in the Department of Energy. 

19 (2) The term of an appointment under sub20 section (a) may not exceed 4 years. 

21 (3) An individual appointed under subsection 

22 (a) may not have been a Department of Energy em23 ployee within the 2 years prior to the date of ap24 pointment. 


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1 (4) Total annual compensation for any indi2 vidual appointed under subsection (a) may not ex3 ceed the highest total annual compensation payable 

4 at the rate determined under section 104 of title 3, 

5 United States Code. 

6 (5) An individual appointed under subsection 

7 (a) may not be considered to be an employee for 

8 purposes of subchapter II of chapter 75 of title 5, 

9 United States Code. 

10 (c) NOTIFICATION.—Each year, the Secretary shall 

11 submit to Congress a notification that lists each individual 

12 appointed under this section. 

13 SEC. 438. REEMPLOYMENT OF CIVILIAN RETIREES. 

14 (a) IN GENERAL.—Notwithstanding part 553 of title 

15 5, Code of Federal Regulations (relating to reemployment 

16 of civilian retirees to meet exceptional employment needs), 

17 or successor regulations, the Secretary may approve the 

18 reemployment of an individual to a particular position 

19 without reduction or termination of annuity if the hiring 

20 of the individual is necessary to carry out a critical func21 tion of the Department of Energy for which suitably quali22 fied candidates do not exist. 

23 (b) LIMITATIONS.—An annuitant hired with full sal24 ary and annuities under the authority granted by sub25 section (a)— 


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1 (1) shall not be considered an employee for pur2 poses of subchapter III of chapter 83 and chapter 

3 84 of title 5, United States Code; 

4 (2) may not elect to have retirement contribu5 tions withheld from the pay of the annuitant; 

6 (3) may not use any employment under this 

7 section as a basis for a supplemental or recomputed 

8 annuity; and 

9 (4) may not participate in the Thrift Savings 

10 Plan under subchapter III of chapter 84 of title 5, 

11 United States Code. 

12 (c) LIMITATION ON TERM.—The term of employment 

13 of any individual hired under subsection (a) may not ex14 ceed an initial term of 2 years, with an additional 2-year 

15 appointment under exceptional circumstances. 

16 SEC. 439. SUSTAINABLE ENERGY TRAINING PROGRAM FOR 

17 COMMUNITY COLLEGES. 

18 (a) DEFINITION OF COMMUNITY COLLEGE.—In this 

19 Act, the term ‘‘community college’’ means an institution 

20 of higher education, as defined in section 101(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)), 

22 that— 

23 (1) provides a 2–year program of instruction 

24 for which the institution awards an associate degree; 

25 and 


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1 (2) primarily awards associate degrees. 

2 (b) WORKFORCE TRAINING AND EDUCATION IN SUS3 TAINABLE ENERGY.—From funds made available under 

4 subsection (d), the Secretary of Energy, in coordination 

5 with the Secretary of Labor, shall carry out a joint sus6 tainable energy workforce training and education pro7 gram. In carrying out the program, the Secretary of En8 ergy, in coordination with the Secretary of Labor, shall 

9 award grants to community colleges to provide workforce 

10 training and education in industries and practices such 

11 as— 

12 (1) alternative energy, including wind, geo13 thermal, biomass, ocean hydrokinetic energy, and 

14 solar energy; 

15 (2) energy efficient construction, retrofitting, 

16 and design; 

17 (3) sustainable energy technologies, including 

18 chemical technology, nanotechnology, and electrical 

19 technology; 

20 (4) water and energy conservation; 

21 (5) recycling and waste reduction; 

22 (6) sustainable agriculture and farming; and 

23 (7) nuclear energy technology. 

24 (c) AWARD CONSIDERATIONS.—Of the funds made 

25 available under subsection (d) for a fiscal year, not less 


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1 than one-half of such funds shall be awarded to commu2 nity colleges with existing (as of the date of the award) 

3 sustainability programs that lead to certificates or degrees 

4 in 1 or more of the industries and practices described in 

5 paragraphs (1) through (6) of subsection (b). 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $100,000,000 for each of the fiscal years 2010 through 

9 2015. 

10 Subtitle E—Strengthening Edu11 cation and Training in the Sub12 surface Geosciences and Engi13 neering for Energy Develop14 ment 

15 SEC. 451. DEFINITIONS. 

16 In this subtitle: 

17 (1) ABET.—The term ‘‘ABET’’ means ABET, 

18 Inc., a nationally recognized accreditation organiza19 tion for college and university engineering programs. 

20 (2) ADVISORY COMMITTEE.—The term ‘‘Advi21 sory Committee’’ means the Advisory Committee es22 tablished under section 457. 

23 (3) CONSORTIUM.—The term ‘‘consortium’’ 

24 means a research and educational partnership that 

25 may include— 


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1 (A) institutions of higher education; 

2 (B) professional societies or foundations; 

3 (C) industry associations; 

4 (D) individual business entities; 

5 (E) State agencies; 

6 (F) federally recognized multistate com7 missions and regional organizations; 

8 (G) Federal agencies; 

9 (H) national laboratories; 

10 (I) nongovernmental organizations; and 

11 (J) individuals. 

12 (4) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

14 meaning given the term in section 101(a) of the 

15 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

16 (5) MINORITY-SERVING INSTITUTION.—The 

17 term ‘‘minority-serving institution’’ means— 

18 (A) a part B institution (as defined in sec19 tion 322 of the Higher Education Act of 1965 

20 (20 U.S.C. 1061)); 

21 (B) a Hispanic-serving institution (as de22 fined in section 502(a) of that Act (20 U.S.C. 

23 1101a(a))); 

24 (C) a Tribal College or University; 


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1 (D) an Alaska Native-serving institution 

2 (as defined in section 317(b) of that Act (20 

3 U.S.C. 1059d(b))); 

4 (E) a Native Hawaiian-serving institution 

5 (as defined in section 317(b) of that Act (20 

6 U.S.C. 1059d(b))); and 

7 (F) a Native American-serving, nontribal 

8 institution (as defined in section 319(b) of that 

9 Act (20 U.S.C. 1059f(b))). 

10 (6) RECOGNIZED PROGRAM.—The term ‘‘recog11 nized program’’ means a program at an institution 

12 of higher education that is— 

13 (A) an engineering program with sub14 surface applications that is— 

15 (i) accredited by the Engineering Ac16 creditation Committee or Technology Ac17 creditation Commission of ABET; and 

18 (ii) focused on petroleum or natural 

19 gas production, ground water, geothermal 

20 resources, the production of mineral re21 sources, the development of permanent un22 derground workings, and the long-term 

23 storage of carbon dioxide in subsurface 

24 areas, as demonstrated by the curriculum 

25 and the expertise of its faculty; or 


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1 (B) a program in geology or geophysics 

2 that— 

3 (i) includes undergraduate or grad4 uate programs of research and education 

5 applicable to energy, ground water, and 

6 mineral development; 

7 (ii) includes programs of research or 

8 education in exploration for, and produc9 tion of, such deposits and resources; and 

10 (iii) the Secretary, after review by the 

11 Advisory Committee of the program and 

12 its outcomes, determines to be appropriate 

13 for funding under this subtitle. 

14 (7) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (8) TRIBAL COLLEGE OR UNIVERSITY.—The 

17 term ‘‘Tribal College or University’’ has the meaning 

18 given the term in section 316(b) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1059c(b)). 

20 SEC. 452. POLICY. 

21 It is the policy of the United States to maintain and 

22 expand the human capital needed to preserve and foster 

23 the security of economically viable clean energy, ground 

24 water, and mineral resources of the United States, 

25 through financial assistance for science and technology 


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1 programs that educate, train, and retrain the personnel 

2 needed for United States energy, ground water, and min3 eral resources security. 

4 SEC. 453. RESEARCH PERSONNEL AND PROGRAMS. 

5 (a) IN GENERAL.—In support of the policy described 

6 in section 452, the Secretary shall provide research funds 

7 to institutions of higher education to assist recognized pro8 grams in subsurface geosciences and engineering, includ9 ing programs in energy (including geological carbon stor10 age), petroleum, ground water, economic geology, mining, 

11 and mineral and geological engineering education and re12 search. 

13 (b) CONDITIONS.—All funds provided under sub14 section (a) shall be— 

15 (1) directed only to programs recognized by the 

16 Secretary; and 

17 (2) subject to this subtitle. 

18 (c) TYPES OF RESEARCH.—Research conducted 

19 using funds provided under subsection (a) shall include 

20 studies and research— 

21 (1) to enhance basic science and engineering; 

22 (2) to provide data to test and improve sci23 entific or engineering hypotheses; and 

24 (3) to determine scientific or engineering feasi25 bility to enhance discovery, development, and proVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 duction of energy, ground water, and mineral re2 sources while minimizing environmental impacts. 

3 (d) DURATION OF PROGRAM; NUMBER OF STU4 DENTS.—Each institution of higher education receiving 

5 funds under subsection (a) shall— 

6 (1) maintain the program for which the funds 

7 are provided for a period of at least 10 years begin8 ning on the date of the last receipt of those funds; 

9 and 

10 (2) take steps described in the application for 

11 research funding submitted to the Secretary to in12 crease the number of undergraduate students en13 rolled in and completing the programs of study in 

14 recognized programs with subsurface applications. 

15 (e) MINORITY-SERVING INSTITUTIONS.—The Sec16 retary shall give particular consideration to minority-serv17 ing institutions that have an established recognized pro18 gram or that propose to establish a recognized program, 

19 including by— 

20 (1) assigning appropriate employees to serve as 

21 mentors and adjunct faculty; 

22 (2) transferring appropriate equipment to the 

23 programs; and 


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1 (3) allowing faculty or students at those institu2 tions free access to appropriate Department train3 ing. 

4 (f) CONSORTIA.—Where appropriate, the Secretary 

5 may make funds available to consortia to conduct projects 

6 of broad application that could not otherwise be under7 taken, including national and regional projects in sub8 surface geosciences and engineering, on the condition that 

9 funds provided to any consortium shall be given only to 

10 a single eligible institution of higher education with a rec11 ognized program which shall be responsible for distribu12 tion, monitoring, and reporting on the activities of the con13 sortium, as required by the Secretary. 

14 SEC. 454. SCHOLARSHIPS AND FELLOWSHIPS. 

15 (a) IN GENERAL.—The Secretary shall provide funds 

16 to institutions of higher education with recognized pro17 grams for the purpose of providing merit-based scholar18 ships for undergraduate geoscience or engineering edu19 cation with general subsurface applications, and graduate 

20 fellowships in the applied geosciences and subsurface engi21 neering, including applications relating to— 

22 (1) petroleum, chemical, mining, geological 

23 (such as geological carbon storage), geophysical, 

24 ground water, or mineral engineering; 

25 (2) petroleum geology; 


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1 (3) geothermal geology; 

2 (4) mining and economic geology; 

3 (5) petroleum, ground water, and mining geo4 physics; 

5 (6) mineral economics; 

6 (7) hydrogeology or ground water science; or 

7 (8) produced water treatment and reuse. 

8 (b) VETERANS AND SERVICE MEMBERS.—In award9 ing scholarships and fellowships under this section, an in10 stitution of higher education shall give preference to appli11 cations from veterans and service members who have re12 ceived or will receive the Afghanistan Campaign Medal or 

13 the Iraq Campaign Medal as authorized by Public Law 

14 108–234 (10 U.S.C. 1121 note; 118 Stat. 655) and Exec15 utive Order No. 13363. 

16 (c) REQUIREMENTS FOR RECEIPT OF SCHOLARSHIP

17 OR FELLOWSHIP.—To receive a scholarship or a graduate 

18 fellowship, an individual student shall— 

19 (1) be a lawful permanent resident of the 

20 United States or a United States citizen or national; 

21 and 

22 (2) agree in writing to complete a course of 

23 studies and receive a degree in a recognized program 

24 in an area specified in subsection (a). 


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1 (d) REQUIREMENTS FOR RETENTION OF SCHOLAR2 SHIP OR FELLOWSHIP.— 

3 (1) IN GENERAL.—To retain a scholarship or 

4 graduate fellowship awarded under this section, an 

5 individual shall, as determined by the applicable in6 stitution of higher education— 

7 (A) continue in 1 of the courses of studies 

8 authorized by this section; and 

9 (B) remain in good academic standing. 

10 (2) REINSTATEMENT.—An institution of higher 

11 education may allow for reinstatement of a scholar12 ship or graduate fellowship in a case in which an in13 dividual failed to maintain good academic standing 

14 but subsequently regained such standing. 

15 (e) APPLICATION OF INSTITUTION OF HIGHER EDU16 CATION.—An institution of higher education seeking funds 

17 under this section shall describe, in the application of the 

18 institution of higher education submitted to the Secretary 

19 for the funding— 

20 (1) the number of students that would be 

21 awarded scholarships or fellowships if the application 

22 were to be approved; 

23 (2) the manner in which those students would 

24 be selected; and 


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1 (3) the ways in which the requirements of this 

2 section would be enforced. 

3 SEC. 455. CAREER TECHNICAL AND COMMUNITY COLLEGE 

4 EDUCATION. 

5 (a) IN GENERAL.—The Secretary shall support pro6 grams in subsurface geosciences and engineering that— 

7 (1) are focused on technology or skill develop8 ment and the use of that technology or skills in en9 ergy, ground water science or hydrogeology, and 

10 mineral production, and related maintenance, oper11 ational safety, or energy infrastructure protection 

12 and security; 

13 (2) prepare students for advanced or super14 visory roles in the geothermal, petroleum, mining, 

15 geological carbon storage, ground water, or mineral 

16 mining industries; 

17 (3) grant an associate’s degree, a certificate, or 

18 a baccalaureate degree; and 

19 (4) prepare students for further higher edu20 cation in the recognized programs. 

21 (b) ELIGIBLE PROGRAMS.— 

22 (1) IN GENERAL.—Programs that are eligible to 

23 receive support under this section are those that 

24 provide training for individuals seeking to enter the 

25 industries described in subsection (a)(2), such as— 


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1 (A) joint apprenticeship programs; 

2 (B) internships in industry, Federal, State, 

3 or tribal offices; 

4 (C) research experiences at national lab5 oratories authorized by Federal law; and 

6 (D) other programs at institutions of high7 er education (including community colleges). 

8 (2) CONSIDERATION.—The Secretary shall give 

9 particular consideration to supporting programs that 

10 provide training for a progressive career path in the 

11 industries described in subsection (a)(2). 

12 (3) ESSENTIAL SUPPORT.—The Secretary, after 

13 consultation with the Advisory Committee, may offer 

14 support to programs that grant degrees or certifi15 cates in programs that provide training in disciplines 

16 that provide essential support for the industries de17 scribed in subsection (a)(2), including the disciplines 

18 listed in paragraph (4), even if those programs are 

19 not purposely designed to provide personnel for the 

20 industries described in subsection (a)(2). 

21 (4) DISCIPLINES.—The disciplines referred to 

22 in paragraph (3) are— 

23 (A) power transmission and operation; 

24 (B) pipeline construction and operation; 


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1 (C) maintenance and maintenance logis2 tics; 

3 (D) construction; 

4 (E) manufacturing; 

5 (F) transportation and warehousing; 

6 (G) technical support activities (including 

7 data collection, reduction, and analysis) and 

8 laboratory support; and 

9 (H) produced water treatment or distribu10 tion. 

11 (c) ADDITIONAL REQUIREMENTS.—An institution of 

12 higher education that receives funds under this section— 

13 (1) shall demonstrate to the Secretary evi14 dence— 

15 (A) of an institutional commitment for the 

16 purposes of career technical education; and 

17 (B) that the institution of higher education 

18 has received or will receive industry cooperation 

19 in the form of equipment, employee time, or do20 nations of funds to support the activities car21 ried out under this section; 

22 (2) shall agree to maintain the programs for 

23 which the funding is sought for a period of 10 years 

24 beginning on the date on which the institution of 

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1 retary finds that a shorter period of time is appro2 priate for the local labor market or is required by 

3 State authorities; and 

4 (3) may combine the funds with State funds, 

5 and other Federal funds as allowed by applicable 

6 law, to carry out programs described in this section, 

7 on the condition that the use of funds received under 

8 this section is reported to the Secretary not less 

9 than annually. 

10 (d) ADVICE.—The Secretary shall seek the advice of 

11 the Advisory Committee in determining the criteria used 

12 to carry out this section. 

13 SEC. 456. USE OF FUNDS BY INSTITUTIONS. 

14 (a) COST-SHARING.—The Secretary— 

15 (1) shall not require cost-sharing by a non-Fed16 eral source for— 

17 (A) any research activity that is of a basic 

18 or fundamental nature, as determined by the 

19 appropriate officer of the Department of the In20 terior; or 

21 (B) any scholarship or fellowship program; 

22 and 

23 (2) shall require appropriate cost-sharing for 

24 research and development activities that are of an 


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1 applied, demonstration, or commercial nature, as so 

2 determined. 

3 (b) PROHIBITED USES OF FUNDS.—No funds made 

4 available under this subtitle shall be applied to— 

5 (1) the acquisition by purchase or lease of any 

6 land or interest in land; or 

7 (2) the rental, purchase, construction, preserva8 tion, or repair of any building. 

9 (c) MAINTENANCE AND UPGRADING.—Funds made 

10 available under this subtitle may be used— 

11 (1) with the express approval of the Secretary, 

12 for proposals to maintain or upgrade existing labora13 tories, laboratory equipment, or field equipment re14 lated to the funded research; and 

15 (2) for maintaining and upgrading mines, oil 

16 and gas drilling rigs, and other appropriate equip17 ment that are used for undergraduate and graduate 

18 training and worker safety training and that are 

19 owned by— 

20 (A) a recognized program funded under 

21 this subtitle; or 

22 (B) by the institution of higher education 

23 in which the recognized program is located. 

24 (d) OFFICER.—Each institution of higher education 

25 that receives funds under this subtitle shall have an officer 


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1 appointed by the governing authority of the institution of 

2 higher education who shall— 

3 (1) receive and account for all funds paid under 

4 this subtitle; and 

5 (2) submit to the Secretary, on or before the 

6 first day of September of each year, an annual re7 port that includes— 

8 (A) a description of work accomplished and 

9 the status of projects underway, together with 

10 a detailed statement of the amounts received 

11 under this subtitle, during the preceding fiscal 

12 year; and 

13 (B) an accounting of amounts disbursed on 

14 schedules prescribed by the Secretary. 

15 (e) PUBLIC AVAILABILITY OF INFORMATION.—All 

16 uses, products, processes, and other developments result17 ing from any research, demonstration, or experiment fund18 ed in whole or in part under this subtitle shall be made 

19 available promptly to the general public, subject to— 

20 (1) such exceptions or limitations as the Sec21 retary may determine to be necessary in the interest 

22 of national security; and 

23 (2) the applicable Federal law governing pat24 ents. 


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1 SEC. 457. ADVISORY COMMITTEE. 

2 (a) ESTABLISHMENT OF ADVISORY COMMITTEE.— 

3 (1) IN GENERAL.—The Secretary shall establish 

4 an Advisory Committee on Geosciences and 

5 Geoengineering Education to advise the Secretary in 

6 carrying out this subtitle. 

7 (2) MEMBERSHIP.— 

8 (A) VOTING MEMBERS.—The Advisory 

9 Committee shall be composed of 19 voting 

10 members, including— 

11 (i) the Deputy Secretary of the Inte12 rior who shall serve as the Chairperson of 

13 the Advisory Committee; and 

14 (ii) not more than 18 additional indi15 viduals, appointed by the Secretary, in con16 sultation with interested parties, who are 

17 knowledgeable in the fields of energy, pe18 troleum, geothermal, ground water, min19 ing, and mineral resources research, in20 cluding— 

21 (I) 2 individuals who are univer22 sity leaders from an institution of 

23 higher education with at least 1 recog24 nized program; 

25 (II) 1 individual who is a commu26 nity or technical college administrator; 


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1 (III) 1 individual who is a Tribal 

2 College or University administrator; 

3 (IV) 1 individual who is a career 

4 technical education educator; 

5 (V) 5 individuals who are rep6 resentatives equally distributed from 

7 the energy, mining, and aggregate or 

8 ground water industries; 

9 (VI) 1 individual who is a work10 ing miner; 

11 (VII) 1 individual who is a work12 ing oilfield worker; 

13 (VIII) 1 individual who is a rep14 resentative of the Interstate Oil and 

15 Gas Compact Commission; 

16 (IX) 1 individual who is a rep17 resentative of the Interstate Mining 

18 Compact Commission; 

19 (X) 1 individual who is a rep20 resentative of State geologists; 

21 (XI) 2 individuals who are rep22 resentatives of the general public; and 

23 (XII) 1 individual who is an ad24 ministrator of a part B institution (as 

25 defined in section 322 of the Higher 


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1 Education Act of 1965 (20 U.S.C. 

2 1061)). 

3 (B) NONVOTING ADVISORS.—The Chair4 person of the Advisory Committee may have 

5 present during meetings individuals who shall 

6 serve as nonvoting, technical advisors to the 

7 Advisory Committee, such as representatives of 

8 Federal agencies with responsibility for— 

9 (i) energy, ground water, and min10 erals resources management; 

11 (ii) energy, ground water, and mineral 

12 resource investigations; 

13 (iii) energy, ground water, and min14 eral commodity information; 

15 (iv) international trade in energy, 

16 ground water, and mineral commodities; 

17 (v) mining safety regulation and mine 

18 safety research; and 

19 (vi) research into the development, 

20 production, and use of energy, ground 

21 water, and mineral commodities. 

22 (C) PROHIBITION ON FEDERAL GOVERN23 MENT EMPLOYMENT.—The member of the Ad24 visory Committee appointed under subparaVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 graph (A)(ii) shall not be an employee of the 

2 Federal Government. 

3 (3) TERM; VACANCIES.— 

4 (A) TERM.—Subject to subparagraph (B), 

5 the term of a member the Advisory Committee 

6 shall be 3 years. 

7 (B) REAPPOINTMENT.—A member of the 

8 Advisory Committee may be appointed for not 

9 more than 2 3-year terms. 

10 (C) VACANCIES.—A vacancy on the Advi11 sory Committee— 

12 (i) shall not affect the powers of the 

13 Advisory Committee; and 

14 (ii) shall be filled in the same manner 

15 as the original appointment was made. 

16 (4) INITIAL MEETING.—Not later than 45 days 

17 after the date on which all members of the Advisory 

18 Committee have been appointed, the Advisory Com19 mittee shall hold the initial meeting of the Advisory 

20 Committee. 

21 (5) MEETINGS.—The Advisory Committee shall 

22 meet at the call of the Chairperson but not less than 

23 once per year. 

24 (6) QUORUM.—A majority of the members of 

25 the Advisory Committee shall constitute a quorum, 


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1 but a lesser number of members may hold meetings 

2 and hearings. 

3 (b) DUTIES.—The Advisory Committee— 

4 (1) shall advise the Secretary on the develop5 ment and implementation of programs under this 

6 subtitle; 

7 (2) shall, following completion of the report re8 quired by section 385(c) of the Energy Policy Act of 

9 2005 (Public Law 109–58; 119 Stat. 744)— 

10 (A) consider the recommendations of the 

11 report; 

12 (B) formulate and recommend a national 

13 plan for using the fiscal resources provided 

14 under this subtitle; and 

15 (C) submit the plan to the Secretary for 

16 approval and use by the Secretary, as deter17 mined by the Secretary, in carrying out this 

18 subtitle; 

19 (3) shall make recommendations to the Sec20 retary regarding the long-term and short-term viabil21 ity of the faculty at schools with recognized pro22 grams; and 

23 (4) may recommend the awarding of graduate 

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1 dents who declare their intent to seek roles as future 

2 faculty at the recognized programs. 

3 (c) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Advisory Committee 

5 may secure directly from a Federal agency such in6 formation as the Advisory Committee considers nec7 essary to carry out this subtitle. 

8 (2) PROVISION OF INFORMATION.—On request 

9 of the Chairperson of the Advisory Committee, the 

10 head of the agency shall provide the information to 

11 the Advisory Committee. 

12 (d) ADVISORY COMMITTEE PERSONNEL MATTERS.— 

13 (1) TRAVEL EXPENSES.—A member of the Ad14 visory Committee shall be allowed travel expenses, 

15 including per diem in lieu of subsistence, at rates 

16 authorized for an employee of an agency under sub17 chapter I of chapter 57 of title 5, United States 

18 Code, while away from the home or regular place of 

19 business of the member in the performance of the 

20 duties of the Advisory Committee. 

21 (2) DETAIL OF FEDERAL GOVERNMENT EM22 PLOYEES.— 

23 (A) IN GENERAL.—An employee of the 

24 Federal Government may be detailed to the Ad25 visory Committee without reimbursement. 


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1 (B) CIVIL SERVICE STATUS.—The detail of 

2 the employee shall be without interruption or 

3 loss of civil service status or privilege. 

4 (3) PROCUREMENT OF TEMPORARY AND INTER5 MITTENT SERVICES.—The Chairperson of the Advi6 sory Committee may procure temporary and inter7 mittent services in accordance with section 3109(b) 

8 of title 5, United States Code, at rates for individ9 uals that do not exceed the daily equivalent of the 

10 annual rate of basic pay prescribed for level V of the 

11 Executive Schedule under section 5316 of that title. 

12 SEC. 458. OFFICE; REGULATIONS. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Secretary shall establish a separate office 

15 to administer, and to promulgate such regulations as are 

16 necessary to carry out, this subtitle. 

17 SEC. 459. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

19 this subtitle $200,000,000 for each of fiscal years 2010 

20 through 2020, to remain available until expended. 

21 SEC. 460. STUDY OF AVAILABILITY OF SKILLED WORKERS. 

22 Section 1830 of the Energy Policy Act of 2005 (Pub23 lic Law 109–58; 119 Stat. 1137) is amended to read as 

24 follows: 


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1 ‘‘SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORK2 ERS. 

3 ‘‘(a) IN GENERAL.—The Secretary of the Interior, in 

4 cooperation with the Secretary of Labor, shall enter into 

5 an arrangement with the National Academies under which 

6 the National Academies shall conduct a study of the short7 term and long-term availability of skilled workers to meet 

8 the energy and mineral security requirements of the 

9 United States. 

10 ‘‘(b) INCLUSIONS.—The study shall include— 

11 ‘‘(1) an analysis of the need for and availability 

12 of workers for the oil, natural gas, coal, nonfuel 

13 mineral, ground water, nuclear, geothermal, solar, 

14 wind, and electric utility industries; 

15 ‘‘(2) an analysis of the availability of skilled 

16 labor at both entry level and more senior levels; 

17 ‘‘(3) recommendations for actions needed to 

18 meet future labor requirements; 

19 ‘‘(4) a description of current and projected edu20 cation and training programs for those workers at 

21 community and technical colleges and universities or 

22 through other job-specific training initiatives; 

23 ‘‘(5) an analysis of the potential for skilled for24 eign labor to meet projected sectoral labor require25 ments; 


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1 ‘‘(6) an assessment of potential job health and 

2 safety impacts, national security, and domestic eco3 nomic impacts of a long-term workforce shortage or 

4 surplus; and 

5 ‘‘(7) a description and evaluation of data 

6 sources available, Federal data collection and coordi7 nation, and potential research initiatives for future 

8 decisionmaking relating to workforce issues. 

9 ‘‘(c) REPORT.—Not later than December 31, 2012, 

10 the Secretary shall submit to Congress a report that de11 scribes the results of the study. 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Secretary to carry 

14 out this section $2,000,000.’’. 

15 Subtitle F—Miscellaneous 

16 SEC. 471. OTHER TRANSACTIONS AUTHORITY. 

17 (a) IN GENERAL.—Section 646 of the Department of 

18 Energy Organization Act (42 U.S.C. 7256) is amended 

19 by striking subsection (g) and inserting the following: 

20 ‘‘(g) AUTHORITY TO ENTER INTO OTHER TRANS21 ACTIONS.— 

22 ‘‘(1) IN GENERAL.—In addition to any other 

23 authority granted to the Secretary to enter into pro24 curement contracts, leases, cooperative agreements, 

25 grants, and certain arrangements, the Secretary may 


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1 enter into other transactions with public agencies, 

2 private organizations, or other persons on such 

3 terms as the Secretary considers appropriate to fur4 ther functions vested in the Secretary, including re5 search, development, or demonstration projects. 

6 ‘‘(2) ADVANCE PROJECTS.—Notwithstanding 

7 any other provision of law, the Secretary may exer8 cise authority provided under paragraph (1) without 

9 regard to section 3324 of title 31, United States 

10 Code. 

11 ‘‘(3) RELATIONSHIP TO OTHER LAW.—The au12 thority of the Secretary under paragraph (1) shall 

13 not be subject to— 

14 ‘‘(A) section 9 of the Federal Nonnuclear 

15 Energy Research and Development Act of 1974 

16 (42 U.S.C. 5908); or 

17 ‘‘(B) section 152 of the Atomic Energy Act 

18 of 1954 (42 U.S.C. 2182). 

19 ‘‘(4) PROTECTION OF CERTAIN INFORMATION

20 FROM DISCLOSURE.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law, disclosure of information 

23 described in subparagraph (B) is not required, 

24 and may not be compelled, under section 552 of 

25 title 5, United States Code, during the 5-year 


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1 period beginning on the date on which the in2 formation is received by the Department. 

3 ‘‘(B) AWARD INFORMATION.—The infor4 mation described in this subparagraph is infor5 mation in the records of the Department that— 

6 ‘‘(i) was submitted— 

7 ‘‘(I) to the Department as part 

8 of a competitive or noncompetitive 

9 process with the potential to result in 

10 an award to the person submitting the 

11 information; and 

12 ‘‘(II) in conjunction with a trans13 action entered into by the Secretary 

14 pursuant to paragraph (1); and 

15 ‘‘(ii) is— 

16 ‘‘(I) a proposal, proposal ab17 stract, and supporting documents; 

18 ‘‘(II) a business plan submitted 

19 on a confidential basis; or 

20 ‘‘(III) technical information sub21 mitted on a confidential basis. 

22 ‘‘(5) REQUIREMENTS.— 

23 ‘‘(A) SELECTION PROCEDURES.—In enter24 ing into transactions under paragraph (1), the 

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1 based selection procedures as the Secretary de2 termines in writing to be practicable. 

3 ‘‘(B) DETERMINATION.—Before entering 

4 into a transaction under paragraph (1), the 

5 Secretary shall determine in writing that the 

6 use of a standard contract, grant, or coopera7 tive agreement for the project is not feasible or 

8 appropriate. 

9 ‘‘(C) COST SHARING.—A transaction under 

10 paragraph (1) shall be subject to cost sharing 

11 in accordance with section 988 of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16352). 

13 ‘‘(D) LIMITATION ON DELEGATION.—The 

14 authority of the Secretary under this subsection 

15 may be delegated only to an officer of the De16 partment who is appointed by the President by 

17 and with the advice and consent of the Senate 

18 and may not be redelegated to any other per19 son. 

20 ‘‘(6) ANNUAL REPORTS.—The Secretary shall 

21 submit to Congress an annual report on the use by 

22 the Department of authorities under this section. 

23 ‘‘(7) REPORT.— 

24 ‘‘(A) DEFINITION OF NONTRADITIONAL

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1 graph, the term ‘nontraditional Government 

2 contractor’ has the meaning given the term 

3 ‘nontraditional defense contractor’ in section 

4 845(f) of the National Defense Authorization 

5 Act for Fiscal Year 1994 (Public Law 103–160; 

6 10 U.S.C. 2371 note). 

7 ‘‘(B) REPORT.—Not later than 2 years 

8 after the date of enactment of this subpara9 graph, and 2 years thereafter, the Comptroller 

10 General of the United States shall submit to 

11 Congress a report describing— 

12 ‘‘(i) the use by the Department of au13 thorities under this section, including the 

14 ability to attract nontraditional Govern15 ment contractors; and 

16 ‘‘(ii) whether additional safeguards 

17 are necessary to carry out the authori18 ties.’’. 

19 (b) IMPLEMENTATION.— 

20 (1) IN GENERAL.—The final rule of the Depart21 ment of Energy entitled ‘‘Assistance Regulations’’ 

22 (71 Fed. Reg. 27158 (May 9, 2006)) shall be appli23 cable to transactions under section 646 of the De24 partment of Energy Organization Act (42 U.S.C. 

25 7256) (as amended by subsection (a)). 


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1 (2) REGULATIONS.—The Secretary may revise, 

2 supplement, or replace such regulations as the Sec3 retary determines necessary to implement the 

4 amendment made by subsection (a). 

5 SEC. 472. DEFINITION OF NATIONAL LABORATORY. 

6 Section 2(3) of the Energy Policy Act of 2005 (42 

7 U.S.C. 15801(3)) is amended by striking subparagraph 

8 (P) and inserting the following: 

9 ‘‘(P) SLAC National Accelerator Labora10 tory.’’. 

11 SEC. 473. PROTECTION OF RESULTS. 

12 (a) IN GENERAL.—Subject to subsection (b) and not13 withstanding any other provision of law, during a period 

14 of not more than 5 years after the development of infor15 mation in any transaction authorized to be entered into 

16 by the Department of Energy, the Secretary may provide 

17 appropriate protections against the dissemination of the 

18 information, including exemption from subchapter II of 

19 chapter 5 of title 5, United States Code. 

20 (b) APPLICABLE INFORMATION.—This section ap21 plies to information that— 

22 (1) results from a transaction entered into by 

23 the Secretary pursuant to this title or an amend24 ment made by this title; and 


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1 (2) is of a character that would be protected 

2 from disclosure under section 552(b)(4) of title 5, 

3 United States Code, if the information had been ob4 tained from a person other than an agent or em5 ployee of the Federal Government. 

6 SEC. 474. MARINE AND HYDROKINETIC RENEWABLE EN7 ERGY RESEARCH AND DEVELOPMENT. 

8 (a) DEFINITION OF MARINE AND HYDROKINETIC

9 RENEWABLE ENERGY.—In this section, the term ‘‘marine 

10 and hydrokinetic renewable energy’’ has the meaning 

11 given the term in section 632 of the Energy Independence 

12 and Security Act of 2007 (42 U.S.C. 17211). 

13 (b) RESEARCH AND DEVELOPMENT PROGRAM.—Sec14 tion 633(a) of the Energy Independence and Security Act 

15 of 2007 (42 U.S.C. 17212(a)) is amended— 

16 (1) in paragraph (13), by striking ‘‘; and’’ and 

17 inserting a semicolon; 

18 (2) in paragraph (14), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

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

21 ‘‘(15)(A) apply advanced systems engineering 

22 and system integration methods to identify critical 

23 interfaces and develop open standards for marine 

24 and hydrokinetic renewable energy; 


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1 ‘‘(B) transfer the resulting intellectual property 

2 to industry stakeholders as public information 

3 through published interface definitions, standards, 

4 and demonstration projects; and 

5 ‘‘(C) develop incentives for industry to comply 

6 with the standards.’’. 

7 (c) MARINE-BASED ENERGY DEVICE VERIFICATION

8 PROGRAM.— 

9 (1) ESTABLISHMENT.—The Secretary shall es10 tablish a marine-based energy device verification 

11 program to provide a bridge from the marine and 

12 hydrokinetic renewable energy capture device design 

13 and development efforts underway across the indus14 try to commercial deployment of marine and 

15 hydrokinetic renewable energy devices. 

16 (2) PURPOSES.—The purposes of the program 

17 are to fund, facilitate the development and installa18 tion of, and evaluate marine and hydrokinetic renew19 able energy projects, in partnership with Federally 

20 Funded Research and Development Centers, and in 

21 conjunction with universities and other institutions 

22 of higher education, private business entities, and 

23 other appropriate organizations, in order— 

24 (A) to increase marine and hydrokinetic re25 newable energy experience; and 


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1 (B) to build and operate enough candidate 

2 devices to obtain statistically significant oper3 ating and maintenance data. 

4 (3) OBJECTIVES.—The objectives of the pro5 gram include— 

6 (A) verifying the performance, reliability, 

7 maintainability, and cost of new marine and 

8 hydrokinetic renewable energy device designs 

9 and system components in an operating envi10 ronment; 

11 (B) providing States, regulators, utilities, 

12 and other stakeholders with a valid opportunity 

13 to test and evaluate marine and hydrokinetic 

14 renewable energy technology in new areas; 

15 (C) documenting and communicating the 

16 experience from those projects for the benefit of 

17 utilities, independent power producers, other 

18 nonutility generators, device suppliers, and oth19 ers in the marine and hydrokinetic renewable 

20 energy development community; and 

21 (D) resolving environmental issues through 

22 robust characterization, reliable impact pre23 diction, effective monitoring, development and 

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1 gineering design to improve environmental per2 formance. 

3 (d) ADAPTIVE MANAGEMENT AND ENVIRONMENTAL

4 GRANT PROGRAM.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) the use of marine and hydrokinetic re7 newable energy technologies can reduce con8 tributions to global warming; 

9 (B) marine and hydrokinetic renewable en10 ergy technologies can be produced domestically; 

11 (C) marine and hydrokinetic renewable en12 ergy is a nascent industry; and 

13 (D) the United States must work to pro14 mote new renewable energy technologies that 

15 reduce contributions to global warming gases 

16 and improve domestic energy production. 

17 (2) GRANT PROGRAM.— 

18 (A) IN GENERAL.—As soon as practicable 

19 after the date of enactment of this Act, the Sec20 retary shall establish a program under which 

21 the Secretary shall award grants to eligible en22 tities— 

23 (i) to advance the development of ma24 rine and hydrokinetic renewable energy; 


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1 (ii) to help fund the costs of evalu2 ating the environmental effects of marine 

3 and hydrokinetic renewables before and 

4 during the deployment of demonstration 

5 projects; 

6 (iii) to help enable the eligible enti7 ties— 

8 (I) to gather and collect the types 

9 of environmental data that are re10 quired when working in a public re11 source (including the waterways and 

12 oceans of the United States); and 

13 (II) to monitor the impacts of 

14 demonstration projects and make the 

15 resulting information available for 

16 widespread dissemination to aid fu17 ture projects; and 

18 (iv) to help fund the cost of advancing 

19 renewable marine and hydrokinetic tech20 nologies in ocean and riverine environ21 ments from demonstration projects to de22 velopment and deployment. 

23 (B) APPLICATION.—To be eligible to re24 ceive a grant under this paragraph, an entity 

25 shall submit to the Secretary an application at 


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1 such time, in such manner, and containing such 

2 information as the Secretary may require. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $250,000,000 for each of fiscal years 2010 through 2021. 

6 TITLE V—ENERGY MARKETS 

7 SEC. 501. ENHANCED INFORMATION ON CRITICAL ENERGY 

8 SUPPLIES. 

9 (a) IN GENERAL.—Section 205 of the Department of 

10 Energy Organization Act (42 U.S.C. 7135) (as amended 

11 by section 145) is amended by adding at the end the fol12 lowing: 

13 ‘‘(o) COLLECTION OF INFORMATION ON CRITICAL

14 ENERGY SUPPLIES.— 

15 ‘‘(1) IN GENERAL.—To ensure transparency of 

16 information relating to energy infrastructure and 

17 product ownership in the United States and improve 

18 the ability to evaluate the energy security of the 

19 United States, the Administrator, in consultation 

20 with other Federal agencies (as necessary), shall— 

21 ‘‘(A) not later than 120 days after the date 

22 of enactment of this subsection, develop and 

23 provide notice of a plan to collect, in coopera24 tion with the Commodity Futures Trade Com25 mission, information identifying all oil invenVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 tories, and other physical oil assets (including 

2 all petroleum-based products and the storage of 

3 such products in off-shore tankers), that are 

4 owned by the 50 largest traders of oil contracts 

5 (including derivative contracts), as determined 

6 by the Commodity Futures Trade Commission; 

7 and 

8 ‘‘(B) not later than 90 days after the date 

9 on which notice is provided under subparagraph 

10 (A), implement the plan described in that sub11 paragraph. 

12 ‘‘(2) INFORMATION.—The plan required under 

13 paragraph (1) shall include a description of the plan 

14 of the Administrator for collecting company-specific 

15 data, including— 

16 ‘‘(A) volumes of product under ownership; 

17 and 

18 ‘‘(B) storage and transportation capacity 

19 (including owned and leased capacity). 

20 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA21 TION.—Section 12(f) of the Federal Energy Admin22 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

23 to information collected under this subsection. 

24 ‘‘(p) COLLECTION OF INFORMATION ON STORAGE

25 CAPACITY FOR OIL AND NATURAL GAS.— 


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

2 after the date of enactment of this subsection, the 

3 Administrator of the Energy Information Adminis4 tration shall collect information quantifying the com5 mercial storage capacity for oil and natural gas in 

6 the United States. 

7 ‘‘(2) UPDATES.—The Administrator shall up8 date annually the information required under para9 graph (1). 

10 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA11 TION.—Section 12(f) of the Federal Energy Admin12 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

13 to information collected under this subsection. 

14 ‘‘(q) FINANCIAL MARKET ANALYSIS OFFICE.— 

15 ‘‘(1) ESTABLISHMENT.—There shall be within 

16 the Energy Information Administration a Financial 

17 Market Analysis Office, headed by a director, who 

18 shall report directly to the Administrator of the En19 ergy Information Administration. 

20 ‘‘(2) DUTIES.—The Office shall— 

21 ‘‘(A) be responsible for analysis of the fi22 nancial aspects of energy markets; 

23 ‘‘(B) review the reports required by section 

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1 ship Act of 2009 in advance of the submission 

2 of the reports to Congress; and 

3 ‘‘(C) not later than 1 year after the date 

4 of enactment of this subsection— 

5 ‘‘(i) make recommendations to the 

6 Administrator of the Energy Information 

7 Administration that identify and quantify 

8 any additional resources that are required 

9 to improve the ability of the Energy Infor10 mation Administration to more fully inte11 grate financial market information into the 

12 analyses and forecasts of the Energy Infor13 mation Administration, including the role 

14 of energy futures contracts, energy com15 modity swaps, and derivatives in price for16 mation for oil; and 

17 ‘‘(ii) notify the Committee on Energy 

18 and Natural Resources, and the Committee 

19 on Appropriations, of the Senate and the 

20 Committee on Energy and Commerce, and 

21 the Committee on Appropriations, of the 

22 House of Representatives of the rec23 ommendations described in clause (i). 

24 ‘‘(3) ANALYSES.—The Administrator of the En25 ergy Information Administration shall take analyses 


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1 by the Office into account in conducting analyses 

2 and forecasting of energy prices.’’. 

3 (b) CONFORMING AMENDMENT.—Section 645 of the 

4 Department of Energy Organization Act (42 U.S.C. 7255) 

5 is amended by inserting ‘‘(15 U.S.C. 3301 et seq.) and 

6 the Natural Gas Act (15 U.S.C. 717 et seq.)’’ after ‘‘Nat7 ural Gas Policy Act of 1978’’. 

8 SEC. 502. WORKING GROUP ON ENERGY MARKETS. 

9 (a) ESTABLISHMENT.—There is established a Work10 ing Group on Energy Markets (referred to in this title as 

11 the ‘‘Working Group’’). 

12 (b) COMPOSITION.—The Working Group shall be 

13 composed of— 

14 (1) the Secretary; 

15 (2) the Secretary of the Treasury; 

16 (3) the Chairman of the Federal Energy Regu17 latory Commission; 

18 (4) the Chairman of Federal Trade Commis19 sion; 

20 (5) the Chairman of the Securities and Ex21 change Commission; 

22 (6) the Chairman of the Commodity Futures 

23 Trading Commission; and 

24 (7) the Administrator of the Energy Informa25 tion Administration. 


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1 (c) CHAIRPERSON.—The Secretary shall serve as the 

2 Chairperson of the Working Group. 

3 (d) COMPENSATION.—A member of the Working 

4 Group shall serve without additional compensation for the 

5 work of the member of the Working Group. 

6 (e) PURPOSE AND FUNCTION.—The Working Group 

7 shall— 

8 (1) investigate the effect of increased financial 

9 investment in energy commodities on energy prices 

10 and the energy security of the United States; 

11 (2) recommend to the President and Congress 

12 laws (including regulations) that may be needed to 

13 prevent excessive speculation in energy commodity 

14 markets in order to prevent or minimize the adverse 

15 impact of excessive speculation on energy prices on 

16 consumers and the economy of the United States; 

17 and 

18 (3) review energy security implications of devel19 opments in international energy markets. 

20 (f) ADMINISTRATION.—The Secretary shall provide 

21 the Working Group with such administrative and support 

22 services as may be necessary for the performance of the 

23 functions of the Working Group. 

24 (g) COOPERATION OF OTHER AGENCIES.—The heads 

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1 strumentalities shall, to the extent permitted by law, pro2 vide the Working Group with such information as the 

3 Working Group requires to carry out this section. 

4 (h) CONSULTATION.—The Working Group shall con5 sult, as appropriate, with representatives of the various 

6 exchanges, clearinghouses, self-regulatory bodies, other 

7 major market participants, consumers, and the general 

8 public. 

9 SEC. 503. STUDY OF REGULATORY FRAMEWORK FOR EN10 ERGY MARKETS. 

11 (a) STUDY.—The Working Group shall conduct a 

12 study— 

13 (1) to identify the factors that affect the pricing 

14 of crude oil and refined petroleum products, includ15 ing an examination of the effects of market specula16 tion on prices; and 

17 (2) to review and assess— 

18 (A) existing statutory authorities relating 

19 to the oversight and regulation of markets crit20 ical to the energy security of the United States; 

21 and 

22 (B) the need for additional statutory au23 thority for the Federal Government to effec24 tively oversee and regulate markets critical to 

25 the energy security of the United States. 


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1 (b) ELEMENTS OF STUDY.—The study shall in2 clude— 

3 (1) an examination of price formation of crude 

4 oil and refined petroleum products; 

5 (2) an examination of relevant international 

6 regulatory regimes; and 

7 (3) an examination of the degree to which 

8 changes in energy market transparency, liquidity, 

9 and structure have influenced or driven abuse, ma10 nipulation, excessive speculation, or inefficient price 

11 formation. 

12 (c) REPORT AND RECOMMENDATIONS.—The Sec13 retary shall submit to the Committee on Energy and Nat14 ural Resources of the Senate and the Committee on En15 ergy and Commerce of the House of Representatives quar16 terly progress reports during the conduct of the study 

17 under this section, and a final report not later than 1 year 

18 after the date of enactment of this Act, that— 

19 (1) describes the results of the study; and 

20 (2) provides options and the recommendations 

21 of the Working Group for appropriate Federal co22 ordination of oversight and regulatory actions to en23 sure transparency of crude oil and refined petroleum 

24 product pricing and the elimination of excessive 

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1 lection and analysis to be carried out by the Finan2 cial Market Analysis Office established by section 

3 205(p) of the Department of Energy Organization 

4 Act (42 U.S.C. 7135(p)). 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section. 

8 SEC. 504. METADATA FORMATS FOR ENERGY PRICES. 

9 (a) PURPOSE.—The purpose of this section is to im10 prove the ability of retail rate utility customers to compare 

11 tariff options by making the most up-to-date electric util12 ity tariffs available in an online format that can be read 

13 and manipulated electronically. 

14 (b) TARIFF ANALYSIS PROJECT EXPANSION.—The 

15 Secretary shall expand the Tariff Analysis Project— 

16 (1) to ensure that the online database of that 

17 project can be periodically updated and expanded, as 

18 necessary; and 

19 (2) by redesigning the web interface for the 

20 Tariff Analysis Project database (including nec21 essary security) to allow individuals and institutions 

22 other than the Lawrence Berkeley National Labora23 tory to enter tariff data. 


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1 (c) METADATA FORMATS.—The Secretary and the 

2 Federal Energy Regulatory Commission shall coordinate 

3 to— 

4 (1) not later than 14 months after the date of 

5 enactment of this Act, develop metadata formats for 

6 online publication in consultation with the National 

7 Laboratories, the utility industry, large energy con8 sumers, the information technology industry, regu9 latory commissions, and nongovernmental organiza10 tions; 

11 (2) after formats are developed, assist States in 

12 adopting and implementing the metadata formats 

13 for utility reporting of rate data in the jurisdictions 

14 of the utilities (including by working with State pub15 lic utility commissions and other potential early 

16 adopters of the standards); 

17 (3) develop procedures and supporting software 

18 to incorporate tariff data submitted by utilities on a 

19 regular basis, convert the tariff data to a metadata 

20 format, and compile all available data in a central 

21 database based on metadata formats; and 

22 (4) develop an online web interface site to make 

23 available to the public, at no cost, the metadata for24 mats and all data converted to those formats. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary— 

3 (1) to carry out subsection (b) $500,000 for 

4 each of fiscal years 2010 and 2011; and 

5 (2) to carry out subsection (c) such sums as are 

6 necessary for each fiscal year. 

7 SEC. 505. EMERGENCY ORDERS UNDER THE FEDERAL 

8 POWER ACT. 

9 Section 202 of the Federal Power Act (16 U.S.C. 

10 824a) is amended by adding at the end the following: 

11 ‘‘(h) EMERGENCY ORDERS.— 

12 ‘‘(1) DEFINITION OF EMERGENCY.—In this 

13 subsection, the term ‘emergency’ means a major dis14 turbance in wholesale electric markets regulated by 

15 the Commission that— 

16 ‘‘(A) substantially disrupts, or threatens to 

17 substantially disrupt, the reliability of service to 

18 electric consumers; or 

19 ‘‘(B) is characterized by sudden and exces20 sive price fluctuations in wholesale electric mar21 kets regulated by the Commission. 

22 ‘‘(2) ORDERS.—In an emergency, the Commis23 sion may, either on the motion of the Commission or 

24 on complaint, without notice or hearing, require by 

25 order the temporary suspension or modification of 


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1 any rate, term, or condition of service on file with 

2 the Commission pursuant to this Act that the Com3 mission determines to be necessary— 

4 ‘‘(A) to ensure reliability of service to elec5 tric consumers; or 

6 ‘‘(B) to protect electric consumers from 

7 potential abuse of market power or market ma8 nipulation in wholesale electric markets regu9 lated by the Commission. 

10 ‘‘(3) EFFECTIVE PERIOD.—An order under this 

11 subsection may remain in effect for not more than 

12 10 days unless extended under paragraph (4). 

13 ‘‘(4) EXTENSION.—An order under this sub14 section may be extended for additional periods of not 

15 more than 10 days if the Commission determines 

16 that— 

17 ‘‘(A) the emergency still exists; and 

18 ‘‘(B) the continuation of the order is nec19 essary— 

20 ‘‘(i) to ensure reliability of service to 

21 electric consumers; or 

22 ‘‘(ii) to protect electric consumers 

23 from potential abuse of market power or 

24 market manipulation in wholesale electric 

25 markets regulated by the Commission. 


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1 ‘‘(5) LIMITATION.—In no event shall an order 

2 of the Commission under this subsection continue in 

3 effect for more than 30 days. 

4 ‘‘(6) REVIEW OF ORDERS.— 

5 ‘‘(A) IN GENERAL.—An order under this 

6 subsection shall be subject to review as provided 

7 in section 313(b). 

8 ‘‘(B) STANDARD OF REVIEW.—The review9 ing court shall not enter a stay, writ of man10 damus, or similar relief unless the court finds, 

11 after notice and hearing before a panel of the 

12 court, that the action of the Commission is ar13 bitrary, capricious, an abuse of discretion, or 

14 otherwise not in accordance with law. 

15 ‘‘(7) TERMINATION BY PRESIDENT.—The Presi16 dent may direct that action taken by the Commis17 sion under this subsection shall not continue in ef18 fect.’’. 

19 SEC. 506. CEASE-AND-DESIST AUTHORITY UNDER THE FED20 ERAL POWER ACT. 

21 Section 222 of the Federal Power Act (16 U.S.C. 

22 824v) is amended by adding at the end the following: 

23 ‘‘(c) CEASE-AND-DESIST ORDERS.— 

24 ‘‘(1) IN GENERAL.—If the Commission finds, 

25 on a proper showing, after notice and opportunity 


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1 for a hearing, that any entity is manipulating or at2 tempting to manipulate or has manipulated or at3 tempted to manipulate any market for the sale of 

4 electric energy at wholesale in interstate commerce 

5 in violation of a rule or regulation prescribed by the 

6 Commission under subsection (a), the Commission 

7 may enter an order requiring the entity to cease and 

8 desist from committing the violation. 

9 ‘‘(2) PROPER SHOWING REQUIRED.—For pur10 poses of this subsection, a proper showing is made 

11 by demonstrating that— 

12 ‘‘(A) an entity has violated a rule or regu13 lation under subsection (a); and 

14 ‘‘(B) there is a likelihood of future viola15 tions in the absence of an order under this sub16 section. 

17 ‘‘(d) TEMPORARY ORDERS.— 

18 ‘‘(1) IN GENERAL.—If, in any proceeding under 

19 subsection (c), the Commission finds that a violation 

20 of a rule or regulation prescribed under subsection 

21 (a) is likely to result in significant dissipation or 

22 conversion of assets, significant harm to electric con23 sumers, or substantial harm to the public interest, 

24 the Commission may enter a temporary order requir25 ing the respondent— 


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1 ‘‘(A) to cease and desist from the violation; 

2 and 

3 ‘‘(B) to take such action as the Commis4 sion determines appropriate pending completion 

5 of the proceeding— 

6 ‘‘(i) to prevent the violation; and 

7 ‘‘(ii) to prevent dissipation or conver8 sion of assets, significant harm to electric 

9 consumers, or substantial harm to the pub10 lic interest. 

11 ‘‘(2) NOTICE AND HEARING.—A temporary 

12 order under this subsection shall be entered only 

13 after notice and opportunity for a hearing unless the 

14 Commission determines that notice and hearing 

15 prior to entry would be impracticable or contrary to 

16 the public interest. 

17 ‘‘(3) EFFECTIVE DATE.—A temporary order 

18 shall— 

19 ‘‘(A) become effective on the date of serv20 ice on the respondent; and 

21 ‘‘(B) unless set aside, limited, or sus22 pended by the Commission or a court of com23 petent jurisdiction, remain effective and en24 forceable pending the completion of the pro25 ceedings. 


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1 ‘‘(4) COMMISSION REVIEW.— 

2 ‘‘(A) IN GENERAL.—At any time after the 

3 respondent has been served with a temporary 

4 order under this subsection, the respondent 

5 may apply to the Commission to have the order 

6 set aside, limited, or suspended. 

7 ‘‘(B) TEMPORARY ORDERS WITHOUT

8 HEARINGS.—If the respondent has been served 

9 with a temporary order entered without a prior 

10 Commission hearing— 

11 ‘‘(i) the respondent may, within 10 

12 days after the date on which the order was 

13 served, request a hearing on the applica14 tion; and 

15 ‘‘(ii) the Commission shall hold a 

16 hearing and render a decision on the appli17 cation at the earliest possible time. 

18 ‘‘(5) JUDICIAL REVIEW.— 

19 ‘‘(A) IN GENERAL.—The respondent may 

20 apply to an appropriate United States district 

21 court for an order setting aside, limiting, or 

22 suspending the effectiveness or enforcement of 

23 the order, within— 

24 ‘‘(i) 10 days after the date the re25 spondent was served with a temporary 


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1 order entered with a prior Commission 

2 hearing; or 

3 ‘‘(ii) 10 days after the Commission 

4 renders a decision on an application and 

5 hearing under paragraph (4) with respect 

6 to any temporary order entered without a 

7 prior Commission hearing. 

8 ‘‘(B) JURISDICTION.—The United States 

9 District Court for the district in which the re10 spondent resides or has its principal place of 

11 business, or for the District of Columbia, shall 

12 have jurisdiction to enter an order under this 

13 paragraph.’’. 

14 SEC. 507. CEASE-AND-DESIST AUTHORITY UNDER THE NAT15 URAL GAS ACT. 

16 Section 4A of the Natural Gas Act (15 U.S.C. 717c– 

17 1) is amended— 

18 (1) by striking the section heading and all that 

19 follows through ‘‘It’’ and inserting the following: 

20 ‘‘SEC. 4A. PROHIBITION ON MARKET MANIPULATION. 

21 ‘‘(a) IN GENERAL.—It’’; and 

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

23 ‘‘(b) CEASE-AND-DESIST ORDERS.— 

24 ‘‘(1) IN GENERAL.—If the Commission finds, 

25 on a proper showing, after notice and opportunity 


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1 for a hearing, that any entity is manipulating or at2 tempting to manipulate or has manipulated or at3 tempted to manipulate the market for the purchase 

4 or sale of natural gas or the purchase or sale of 

5 transportation services subject to the jurisdiction of 

6 the Commission in violation of a rule or regulation 

7 prescribed by the Commission under subsection (a), 

8 the Commission may make and enter an order re9 quiring the entity to cease and desist from commit10 ting the violation. 

11 ‘‘(2) PROPER SHOWING REQUIRED.—For pur12 poses of this subsection, a proper showing is made 

13 by demonstrating that— 

14 ‘‘(A) an entity has violated a rule or regu15 lation under subsection (a); and 

16 ‘‘(B) there is a likelihood of future viola17 tions in the absence of an order under this sub18 section. 

19 ‘‘(c) TEMPORARY ORDERS.— 

20 ‘‘(1) IN GENERAL.—If, in any proceeding under 

21 subsection (b), the Commission finds that a violation 

22 of a rule or regulation prescribed under subsection 

23 (a) is likely to result in significant dissipation or 

24 conversion of assets, significant harm to natural gas 

25 consumers, or substantial harm to the public interVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 est, the Commission may enter a temporary order 

2 requiring the respondent— 

3 ‘‘(A) to cease and desist from the violation; 

4 and 

5 ‘‘(B) to take such action as the Commis6 sion determines appropriate pending completion 

7 of the proceeding— 

8 ‘‘(i) to prevent the violation; and 

9 ‘‘(ii) to prevent dissipation or conver10 sion of assets, significant harm to natural 

11 gas consumers, or substantial harm to the 

12 public interest. 

13 ‘‘(2) NOTICE AND HEARING.—A temporary 

14 order under this subsection shall be entered only 

15 after notice and opportunity for a hearing unless the 

16 Commission determines that notice and hearing 

17 prior to entry would be impracticable or contrary to 

18 the public interest. 

19 ‘‘(3) EFFECTIVE DATE.—A temporary order 

20 shall— 

21 ‘‘(A) become effective on the date of serv22 ice on the respondent; and 

23 ‘‘(B) unless set aside, limited, or sus24 pended by the Commission or a court of com25 petent jurisdiction, remain effective and enVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 forceable pending the completion of the pro2 ceedings. 

3 ‘‘(4) COMMISSION REVIEW.— 

4 ‘‘(A) IN GENERAL.—At any time after the 

5 respondent has been served with a temporary 

6 order under this subsection, the respondent 

7 may apply to the Commission to have the order 

8 set aside, limited, or suspended. 

9 ‘‘(B) TEMPORARY ORDERS WITHOUT

10 HEARINGS.—If the respondent has been served 

11 with a temporary order entered without a prior 

12 Commission hearing— 

13 ‘‘(i) the respondent may, within 10 

14 days after the date on which the order was 

15 served, request a hearing on the applica16 tion; and 

17 ‘‘(ii) the Commission shall hold a 

18 hearing and render a decision on such ap19 plication at the earliest possible time. 

20 ‘‘(5) JUDICIAL REVIEW.— 

21 ‘‘(A) IN GENERAL.—The respondent may 

22 apply to an appropriate United States district 

23 court for an order setting aside, limiting, or 

24 suspending the effectiveness or enforcement of 

25 the order, within— 


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1 ‘‘(i) 10 days after the date the re2 spondent was served with a temporary 

3 order entered with a prior Commission 

4 hearing; or 

5 ‘‘(ii) 10 days after the Commission 

6 renders a decision on an application and 

7 hearing under paragraph (4) with respect 

8 to any temporary order entered without a 

9 prior Commission hearing. 

10 ‘‘(B) JURISDICTION.—The United States 

11 District Court for the district in which the re12 spondent resides or has its principal place of 

13 business, or for the District of Columbia, shall 

14 have jurisdiction to enter an order under this 

15 paragraph.’’. 

16 SEC. 508. DE NOVO REVIEW OF CIVIL PENALTIES UNDER 

17 THE NATURAL GAS ACT. 

18 Section 22(b) of the Natural Gas Act (15 U.S.C. 

19 717t–1(b)) is amended by inserting before the period at 

20 the end the following: ‘‘, in accordance with the same pro21 visions as are applicable under section 31(d) of the Fed22 eral Power Act (16 U.S.C. 823b(d)) in the case of civil 

23 penalties assessed under section 31 of the Federal Power 

24 Act (16 U.S.C. 823b)’’. 


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1 TITLE VI—POLICY STUDIES AND 

2 REPORTS 

3 SEC. 601. HELIUM GAS RESOURCE ASSESSMENT. 

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

5 date of enactment of this Act, the Secretary of the Inte6 rior, acting through the Director of the United States Geo7 logical Survey, shall— 

8 (1) in coordination with appropriate heads of 

9 State geological surveys, complete a comprehensive 

10 national helium gas assessment that identifies and 

11 quantifies the quantity of helium in each reservoir, 

12 including assessments of the constituent gases found 

13 in each helium resource, such as carbon dioxide, ni14 trogen, and natural gas; and 

15 (2) submit to the Committee on Energy and 

16 Natural Resources of the Senate and the Committee 

17 on Natural Resources of the House of Representa18 tives a report describing the results of the assess19 ment. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary of the Inte22 rior to carry out this section $10,000,000 for the period 

23 of fiscal years 2010 through 2012. 


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1 SEC. 602. POTASH MINERAL RESOURCE ASSESSMENT. 

2 (a) IN GENERAL.—The Secretary of the Interior, act3 ing through the Director of the United States Geological 

4 Survey (referred to in this section as the ‘‘Secretary’’), 

5 shall, in coordination with appropriate heads of State geo6 logical surveys, complete a comprehensive national potash 

7 assessment that— 

8 (1) identifies and quantifies known potash de9 posits; and 

10 (2) provides a quantitative assessment of the lo11 cation and size of undiscovered potash deposits 

12 throughout the United States using all available 

13 public and private information and data sets. 

14 (b) DRILLING PROGRAM.—As part of the assessment 

15 under this section, the Secretary may carry out a drilling 

16 program to supplement the geological data relevant to de17 termining the existence of potash. 

18 (c) REVIEW OF METHODOLOGY.—As part of the as19 sessment, the Secretary, in consultation with the National 

20 Academies, shall— 

21 (1) review the current methodology used to de22 termine measured and indicated reserves of potash 

23 on public land; and 

24 (2) provide recommendations for updating the 

25 methodology using the best available technology. 


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1 (d) REPORT.—Not later than 2 years after the date 

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

3 the Committee on Energy and Natural Resources, and the 

4 Committee on Agriculture, Nutrition, and Forestry, of the 

5 Senate and the Committee on Natural Resources, and the 

6 Committee on Agriculture, of the House of Representa7 tives a report describing the results of the assessment 

8 under this section. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary such 

11 sums as are necessary to carry out this section for each 

12 of fiscal years 2010 through 2012. 

13 SEC. 603. BETTER ENERGY STRATEGY FOR TOMORROW. 

14 (a) IMPROVED ENERGY POLICY PLANNING.—Section 

15 801 of the Department of Energy Organization Act (42 

16 U.S.C. 7321) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2), by inserting ‘‘and’’ 

19 after the semicolon at the end; and 

20 (B) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) ensure the participation and cooperation of 

23 all relevant Federal agencies in the preparation of 

24 the proposed Plan.’’; 

25 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘April 1, 1979, and biennially there3 after,’’ and inserting ‘‘February 1, 2010, and 

4 quadrennially thereafter,’’; 

5 (B) in paragraph (1)— 

6 (i) by striking ‘‘conservation’’ and in7 serting ‘‘energy efficiency’’; and 

8 (ii) by inserting ‘‘reduction or seques9 tration of greenhouse gas emissions,’’ after 

10 ‘‘environmental protection,’’; 

11 (C) in paragraph (2), by striking ‘‘con12 servation’’ and inserting ‘‘efficiency’’; 

13 (D) by redesignating paragraphs (2) and 

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

15 (E) by inserting after paragraph (1) the 

16 following: 

17 ‘‘(2) analyze the policies of the Federal Govern18 ment (including mandates, subsidies, tariffs, and tax 

19 policies) that encourage, or have the potential to en20 courage— 

21 ‘‘(A) energy production in the United 

22 States; 

23 ‘‘(B) energy efficiency in the United 

24 States; 


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1 ‘‘(C) the reduction, avoidance, or seques2 tration of greenhouse gases in the United 

3 States; or 

4 ‘‘(D) the reduction of air pollutants in the 

5 environment;’’; 

6 (3) in subsection (c)(4), by striking ‘‘conserva7 tion practices,’’ and inserting ‘‘energy efficiency 

8 practices, to reduce or sequester greenhouse gas 

9 emissions, to reduce the quantity of air pollutants in 

10 the environment, to promote domestic energy pro11 duction,’’; 

12 (4) in subsection (d), by striking ‘‘insure’’ and 

13 inserting ‘‘ensure’’; and 

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

15 ‘‘(e) NATIONAL ACADEMY OF SCIENCES.—The Presi16 dent, acting through the Secretary, shall enter into appro17 priate arrangements with the National Academy of 

18 Sciences under which the Academy shall— 

19 ‘‘(1) prepare reports and analyses that may 

20 contribute to the development of the proposed Plan; 

21 ‘‘(2) review the proposed Plan; and 

22 ‘‘(3) submit to the President and to Congress 

23 a report that describes the results of the review of 

24 the proposed Plan by the Academy.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Title 

2 VIII of the Department of Energy Organization Act (42 

3 U.S.C. 7321 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 803. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated— 

7 ‘‘(1) to the Executive Office of the President, 

8 such sums as may be necessary to carry out— 

9 ‘‘(A) this title; and 

10 ‘‘(B) other activities to provide coordina11 tion and integration of national energy and cli12 mate policy; and 

13 ‘‘(2) to the Secretary, such sums as are nec14 essary to carry out section 801(e).’’. 

15 (c) CONFORMING AMENDMENTS.—The table of con16 tents of the Department of Energy Organization Act (42 

17 U.S.C. prec. 7101) is amended by adding at the end of 

18 the items relating to title VIII the following: 

‘‘Sec. 803. Authorization of appropriations.’’. 

19 SEC. 604. ADDRESSING CLIMATE CHANGE IN CHINA AND 

20 INDIA. 

21 (a) FINDINGS.—Congress finds that— 

22 (1) the United States, the People’s Republic of 

23 China, and the Republic of India are some of the 

24 world’s largest emitters of greenhouse gases; 


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1 (2) a global solution to climate change requires 

2 action by all 3 countries that is commensurate with 

3 their national circumstances and level of economic 

4 development; 

5 (3) awareness of steps each country is taking to 

6 reducing emissions is critical in building confidence 

7 in a cooperative approach to climate change; and 

8 (4) understanding challenges each country faces 

9 in reducing emissions can help identify areas of po10 tential collaboration. 

11 (b) PURPOSES.—The purposes of this section are— 

12 (1) to provide Congress and the American pub13 lic with a better understanding of the steps China 

14 and India are taking to reduce greenhouse gas emis15 sions; and 

16 (2) to identify the means by which the United 

17 States can assist China and India in achieving such 

18 a reduction. 

19 (c) REPORT.—The Secretary, working with the inter20 agency task force established under subsection (d), shall 

21 prepare an interagency report on climate change and en22 ergy policy in the People’s Republic of China and in the 

23 Republic of India. 

24 (d) INTERAGENCY TASK FORCE.— 


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1 (1) COMPOSITION.—The Secretary shall estab2 lish an interagency task force, which shall consist 

3 of— 

4 (A) the Secretary; 

5 (B) the Secretary of State; 

6 (C) the Secretary of Commerce; 

7 (D) the Administrator of the Environ8 mental Protection Agency; 

9 (E) the Secretary of the Treasury; and 

10 (F) the head of any other agency or de11 partment who has been selected by the Sec12 retary to participate in the task force. 

13 (2) CHAIRPERSON.—The Secretary shall serve 

14 as chairperson of the interagency task force. 

15 (e) REPORT CONTENTS.—In preparing the report 

16 under subsection (c), the interagency task force shall 

17 evaluate and include in the report, with respect to the Peo18 ple’s Republic of China and the Republic of India— 

19 (1) the national or subnational plans, policies, 

20 programs, laws, regulations, incentive mechanisms, 

21 and other measures that are expected to result in, 

22 or have resulted in, reductions in energy use and 

23 greenhouse gas emissions, including— 


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1 (A) a list of such plans, policies, programs, 

2 laws, regulations, incentive mechanisms, and 

3 other measures; 

4 (B) a description of progress made or ex5 pected in implementing such plans, policies, 

6 programs, laws, regulations, incentive mecha7 nisms, and other measures; 

8 (C) estimates of the reductions in energy 

9 use and greenhouse gas emissions achieved or 

10 expected to be achieved as a result of such 

11 plans, policies, programs, laws, regulations, in12 centive mechanisms, and other measures; and 

13 (D) recommended areas in which United 

14 States capacity building or other support could 

15 assist the People’s Republic of China and the 

16 Republic of India to improve implementation or 

17 compliance with such plans, policies, programs, 

18 laws, regulations, incentive mechanisms, or 

19 other measures, including proposals for funding 

20 such joint activities; 

21 (2) estimates, based on the most recent infor22 mation available to the interagency task force from 

23 reliable public sources, of the quantity and types of 

24 energy used and greenhouse gas emissions; 


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1 (3) a description of the tools, methods, and pro2 cedures that are used for collecting and analyzing 

3 data regarding energy use and greenhouse gas emis4 sions at the national, provincial, sectoral, and facility 

5 level, including— 

6 (A) a comparison to the methodologies 

7 used by the United States and prevailing inter8 national practices; 

9 (B) the expected levels of uncertainty re10 garding the data so collected; 

11 (C) the current transparency of such tools, 

12 methods, and procedures; and 

13 (D) recommended areas in which United 

14 States capacity building or other support could 

15 assist the People’s Republic of China and the 

16 Republic of India to improve such tools, meth17 ods, and procedures, increase data trans18 parency, and strengthen the relevant govern19 ance framework, including proposals for fund20 ing such joint activities; 

21 (4) an assessment of the state of knowledge of 

22 international, Chinese, and Indian best and current 

23 technologies and practices to— 

24 (A) improve the efficiency of coal use in 

25 electricity generation; 


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1 (B) reduce the energy use in industrial fa2 cilities, buildings, appliances, electronic equip3 ment, and other sectors, as appropriate; 

4 (C) capture and store carbon from facili5 ties that utilize fossil fuels for energy produc6 tion; 

7 (D) produce renewable energy, including 

8 wind, solar, small hydro, and geothermal en9 ergy; and 

10 (E) implement more sustainable transport 

11 systems and technologies; and 

12 (5) the current status of, and opportunities and 

13 recommendations for— 

14 (A) cooperation on technology transfer, 

15 joint research, development, deployment, and 

16 clean energy technology trade between the 

17 United States, the People’s Republic of China, 

18 and the Republic of India; and 

19 (B) joint opportunities for the development 

20 of intellectual property, including proposals for 

21 financing such joint activities. 

22 (f) SUBMISSION TO CONGRESS.—Not later than 6 

23 months after the date of enactment of this Act, the Sec24 retary shall submit the report prepared under this section 

25 to— 


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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; 

3 (2) the Committee on Commerce, Science, and 

4 Transportation of the Senate; 

5 (3) the Committee on Environment and Public 

6 Works of the Senate; 

7 (4) the Committee on Foreign Relations of the 

8 Senate; 

9 (5) the Committee on Energy and Commerce of 

10 the House of Representatives; 

11 (6) the Committee on Natural Resources of the 

12 House of Representatives; and 

13 (7) the Committee on Foreign Affairs of the 

14 House of Representatives. 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary such 

17 sums as may be necessary to carry out this section. 

18 SEC. 605. CARBON LEAKAGE MITIGATION STUDY. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CAP-AND-TRADE PROGRAM.—The term 

21 ‘‘cap-and-trade program’’ means an economy-wide 

22 program enacted by Congress under which green23 house gas emission allowances are distributed or 

24 auctioned to control those emissions under the Clean 

25 Air Act (42 U.S.C. 7401 et seq.). 


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1 (2) CARBON LEAKAGE.—The term ‘‘carbon 

2 leakage’’ means any substantial increase (as deter3 mined by the Secretary) in greenhouse gas emis4 sions— 

5 (A) by a manufacturing facility located in 

6 a country without a greenhouse gas emission 

7 regulation commensurate to a cap-and-trade 

8 program; or 

9 (B) that is caused by an incremental cost 

10 of production increase in the United States as 

11 a result of a domestic cap-and-trade program. 

12 (3) GREENHOUSE GAS.—The term ‘‘greenhouse 

13 gas’’ means any gas designated as a greenhouse gas 

14 under a cap-and-trade program. 

15 (4) OUTPUT.—The term ‘‘output’’ means the 

16 total tonnage or other standard unit of production 

17 (as determined by the Secretary) produced by a 

18 manufacturing facility. 

19 (b) INDUSTRY PRODUCTIVITY AND CARBON LEAK20 AGE STUDY.— 

21 (1) IN GENERAL.—Not later than 120 days 

22 after the date of enactment of this Act, the Sec23 retary, in consultation with the Secretary of Com24 merce, the Administrator of the Environmental Pro25 tection Agency, and the heads of other appropriate 


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1 Federal departments and agencies, shall conduct a 

2 study to characterize the relative risk of carbon leak3 age and changes in output and investment in United 

4 States industrial sectors and subsectors caused by a 

5 potential cap-and-trade program implemented in the 

6 United States, in the absence of commensurate 

7 greenhouse gas emission regulations in other coun8 tries. 

9 (2) INCLUSIONS.—To the maximum extent 

10 practicable, the study under paragraph (1) shall in11 clude an assessment of— 

12 (A) the direct and indirect energy intensity 

13 and greenhouse gas intensity of United States 

14 industries in relation to gross value-added, cost 

15 of production, and total shipment values; 

16 (B) the price elasticity of United States in17 dustries; 

18 (C) the trade elasticity of United States in19 dustries; 

20 (D) the trade intensity (calculated as im21 ports plus exports, relative to domestic con22 sumption) of United States industries; 

23 (E) other qualitative indicators of the abil24 ity of United States industries to pass on cost 

25 increases to consumers, such as— 


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1 (i) market structure and concentra2 tion; 

3 (ii) level of product differentiation; 

4 (iii) the availability of close sub5 stitutes for customers; and 

6 (iv) factors that constrain the re7 sponse of foreign producers to an increase 

8 in United States production costs; 

9 (F) the overall risk of carbon leakage, ex10 pressed in list form by sector and subsector of 

11 the United States economy, resulting from a 

12 cap-and-trade program; 

13 (G) the manner in which the economic im14 pacts of climate change policies compare to 

15 changes over time in other factors affecting 

16 production and investment by industries, such 

17 as currency exchange rates and other factors 

18 the Secretary determines to be relevant; and 

19 (H) the highest-priority trading partners 

20 of the industries at risk of carbon leakage, list21 ed in order of priority. 

22 (3) REPORT.—On completion of the study 

23 under this subsection, the Secretary shall submit to 

24 Congress a report describing the results of the 

25 study, including recommendations regarding data 


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1 collection activities and subsequent studies by the 

2 Secretary, if any. 

3 (c) STUDY OF MEASURES TO MITIGATE CARBON

4 LEAKAGE.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, but not ear7 lier than the date of submission to Congress of the 

8 report regarding the competitiveness study under 

9 subsection (b)(3), the Secretary, in consultation with 

10 the Secretary of Commerce, the Administrator of the 

11 Environmental Protection Agency, and the heads of 

12 other appropriate Federal departments and agencies, 

13 shall conduct a study to evaluate the impact of po14 tential measures, such as emission allowance alloca15 tion, border tax adjustments, or other measures, to 

16 prevent carbon leakage resulting from a cap-and17 trade program. 

18 (2) INCLUSIONS.—The study under paragraph 

19 (1) shall include an assessment of— 

20 (A) measures used by other jurisdictions to 

21 prevent carbon leakage under regional, national, 

22 or multinational climate policies; 

23 (B)(i) the projected risk of carbon leakage 

24 from United States industries under potential 

25 prices on greenhouse gas emissions; 


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1 (ii) the potential for that risk to be miti2 gated using measures to prevent leakage; and 

3 (iii) realistic scenarios for international cli4 mate policy; and 

5 (C) the consistency of measures with inter6 national trade commitments (including prin7 ciples of the World Trade Organization). 

8 (3) REPORT.—On completion of the study 

9 under this subsection, the Secretary shall submit to 

10 Congress a report describing the results of the 

11 study, including recommendations of the Secretary, 

12 if any. 

13 SEC. 606. STUDY OF FOREIGN FUEL SUBSIDIES. 

14 (a) IN GENERAL.—The Secretary in consultation 

15 with the Secretary of State and the Secretary of Com16 merce, shall conduct a study of foreign fuel subsidies, in17 cluding— 

18 (1) the impact of the subsidies on global energy 

19 supplies, global energy demand, and global economic 

20 impacts; and 

21 (2) recommendations on actions that should be 

22 taken to reduce the impact of the subsidies. 

23 (b) REPORT.—Not later than 18 months after the 

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

25 to the appropriate committees of Congress a report that 


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1 describes the results of the study conducted under this sec2 tion, including any recommendations. 

3 SEC. 607. ASSESSMENT OF RENEWABLE ENERGY RE4 SOURCES. 

5 Section 201(b) of the Energy Policy Act of 2005 (42 

6 U.S.C. 15851(b)) is amended— 

7 (1) in paragraph (1), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) by redesignating paragraph (2) as para10 graph (4); and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) with respect to biomass energy resources, 

14 consideration of— 

15 ‘‘(A) the quantity of biomass needed for 

16 thermal applications, biofuels, and biomass17 based electricity; 

18 ‘‘(B) the highest efficiency energy use of 

19 biomass resources; and 

20 ‘‘(C) the requirements and costs associated 

21 with deployment of biomass energy resources 

22 for each application described in subparagraph 

23 (A); 

24 ‘‘(3) estimates of the market penetration for 

25 each renewable energy resource that could be accomVerDate Nov 24 2008 03:39 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\S1462.PCS S1462

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1 plished by January 1, 2030, by investigating mul2 tiple alternative scenarios, including— 

3 ‘‘(A) estimates with respect to each renew4 able energy resource; 

5 ‘‘(B) an analysis of the potential of all re6 newable energy resources; and 

7 ‘‘(C) potential impacts associated with the 

8 development of each resource and all renewable 

9 energy resources in combination; and’’. 

10 SEC. 608. EFFICIENCY REVIEW OF ELECTRIC GENERATION 

11 FACILITIES. 

12 (a) DEFINITIONS.—In this section: 

13 (1) EFFICIENCY.—The term ‘‘efficiency’’ means 

14 the operating efficiency of an electric generation fa15 cility as determined by the average annual heat rate 

16 of the facility, measured in British thermal units re17 quired to generate a kilowatt-hour of electricity from 

18 the facility. 

19 (2) ELECTRIC GENERATION FACILITY.—The 

20 term ‘‘electric generation facility’’ means a coal-fired 

21 or natural gas-fired electric generation facility in the 

22 United States with a generating capacity that is 

23 greater than 50 megawatts. 

24 (b) REVIEW.— 


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1 (1) IN GENERAL.—Not later than 120 days 

2 after the date of enactment of this Act, the Sec3 retary, in consultation with relevant stakeholders, 

4 shall complete an efficiency review to quantify the 

5 efficiencies of, and annual carbon dioxide and other 

6 emissions from, electric generation facilities in the 

7 United States. 

8 (2) ADMINISTRATION.—In conducting the re9 view, the Secretary shall— 

10 (A) analyze efficiency trends over the 5- 

11 year period ending on December 31 of the year 

12 preceding the year of enactment of this Act; 

13 and 

14 (B) to the maximum extent practicable, 

15 use existing data and information. 

16 (3) CONFIDENTIALITY OF INFORMATION.— 

17 (A) IN GENERAL.—In the case of informa18 tion obtained under this section, the Secretary 

19 (including any other officer, employee, or agent 

20 of the Department of Energy) and any other 

21 person shall not— 

22 (i) use the information for a purpose 

23 other than the development or reporting of 

24 aggregate data in a manner such that— 


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1 (I) the identity of the person who 

2 supplied the information is not dis3 cernible and is not material to the in4 tended uses of the information; and 

5 (II) no proprietary information, 

6 trade secret, or other confidential in7 formation is disclosed; or 

8 (ii) disclose the information to the 

9 public, unless the information has been 

10 transformed into a statistical or aggregate 

11 form that does not— 

12 (I) allow the identification of the 

13 person who supplied particular infor14 mation; or 

15 (II) disclose any proprietary in16 formation, trade secret, or other con17 fidential information. 

18 (B) PENALTY.—Any person that violates 

19 subparagraph (A) shall be fined or imprisoned, 

20 and removed from office or employment, in ac21 cordance with section 1905 of title 18, United 

22 States Code. 

23 (c) REPORT.—After providing notice and an oppor24 tunity for comment but not later than 120 days after the 

25 date of completion of the review under subsection (b), the 


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1 Secretary, in consultation with the Administrator of the 

2 Environmental Protection Agency, shall submit to the 

3 Committee on Energy and Natural Resources and the 

4 Committee on Environment and Public Works of the Sen5 ate and the Committee on Energy and Commerce and the 

6 Committee on Science and Technology of the House of 

7 Representatives a report that— 

8 (1) identifies technologies, equipment, and proc9 esses that are adequately demonstrated to be com10 mercially deployed and could increase the efficiency 

11 of the electric generation facilities reviewed; 

12 (2) identifies the technical, economic, regu13 latory, environmental, and other obstacles to electric 

14 generation facilities undertaking the installation or 

15 implementation of the technologies, equipment, or 

16 processes described in paragraph (1); 

17 (3) identifies legislative, administrative, and 

18 other actions that could reduce or eliminate the ob19 stacles identified under paragraph (2); 

20 (4) calculates the effect on total greenhouse gas 

21 and other emissions from electric generation facili22 ties that would result from installation or implemen23 tation of the technologies, equipment, and processes 

24 identified under paragraph (1), assuming output is 

25 held constant for the United States in the aggregate 


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1 and the obstacles identified under paragraph (2) are 

2 reduced or eliminated; and 

3 (5) calculates the effect on greenhouse gas and 

4 other emissions per megawatt-hour from electric 

5 generation facilities that would result from installa6 tion or implementation of the technologies, equip7 ment, and processes identified under paragraph (1), 

8 assuming the obstacles identified under paragraph 

9 (2) are reduced or eliminated. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $3,000,000 to remain available until expended. 

13 SEC. 609. REPORT ON EMISSIONS OF ALTERNATIVE TRANS14 PORTATION FUELS. 

15 (a) IN GENERAL.—In cooperation with the Adminis16 trator of the Environmental Protection Agency, the Sec17 retary of Defense, the Administrator of the Federal Avia18 tion Administration, and the Secretary of Health and 

19 Human Services, the Secretary shall— 

20 (1) carry out a research and demonstration pro21 gram to evaluate the emissions from the use of alter22 native transportation fuels; 

23 (2) evaluate the effect of using alternative 

24 transportation fuels on land and air engine exhaust 

25 emissions; and 


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1 (3) in accordance with subsection (e), submit to 

2 Congress a report on the effect on air quality and 

3 public health of using alternative fuels in the trans4 portation sector. 

5 (b) GUIDANCE AND TECHNICAL SUPPORT.—The Sec6 retary shall issue any guidance or technical support docu7 ments necessary to facilitate the effective use of alter8 native transportation fuels and blends under this section. 

9 (c) FACILITIES.—For the purpose of evaluating the 

10 emissions of alternative transportation fuels, the Secretary 

11 shall engage research centers for alternative fuels in the 

12 evaluation and preparation of the report required under 

13 subsection (a)(3). 

14 (d) REQUIREMENTS.—The program described in sub15 section (a)(1) shall consider— 

16 (1) the use of alternative transportation fuels 

17 and blends for heavy-duty and light-duty diesel en18 gines and the aviation sector; and 

19 (2) the production costs associated with domes20 tic production of those fuels and prices for con21 sumers. 

22 (e) REPORTS.—The Secretary shall submit to the 

23 Committee on Energy and Natural Resources of the Sen24 ate and the Committee on Energy and Commerce of the 

25 House of Representatives— 


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1 (1) not later than 180 days after the date of 

2 enactment of this Act, an interim report on actions 

3 taken to carry out this section; and 

4 (2) not later than 1 year after the date of en5 actment of this Act, a final report on actions taken 

6 to carry out this section. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section. 

10 SEC. 610. OIL SAVINGS. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the United States imports more foreign oil 

13 from the Middle East today than before the attacks 

14 on the United States on September 11, 2001; 

15 (2) the United States remains the most oil-de16 pendent industrialized nation in the world, con17 suming approximately 25 percent of the oil supply of 

18 the world; 

19 (3) the ongoing dependence of the United 

20 States on foreign oil is one of the greatest threats 

21 to the national security and economy of the United 

22 States; and 

23 (4) the United States needs to take trans24 formative steps to wean itself from its addiction to 

25 foreign oil. 


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1 (b) POLICY ON REDUCING OIL DEPENDENCE.—It is 

2 the policy of the United States to reduce the dependence 

3 of the United States on foreign oil, and thereby— 

4 (1) alleviate the strategic dependence of the 

5 United States on foreign oil-producing countries; 

6 (2) reduce the economic vulnerability of the 

7 United States; and 

8 (3) reduce the greenhouse gas emissions associ9 ated with oil use. 

10 (c) OIL SAVINGS REPORT.— 

11 (1) IN GENERAL.—Not later than 270 days 

12 after the date of enactment of this Act and every 3 

13 years thereafter, an interagency task force composed 

14 of the Secretary of Energy and the head of any 

15 other agency that the President determines to be ap16 propriate (referred to in this section as the ‘‘Inter17 agency Task Force’’) shall submit to Congress a re18 port that— 

19 (A) describes options for agency action 

20 that, when taken together, would save from the 

21 baseline determined under paragraph (4)— 

22 (i) 2,500,000 barrels of oil per day on 

23 average during calendar year 2016; 

24 (ii) 7,000,000 barrels of oil per day 

25 on average during calendar year 2026; and 


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1 (iii) 10,000,000 barrels of oil per day 

2 on average during calendar year 2030; and 

3 (B) analyzes for all Federal agencies— 

4 (i) the expected oil savings from the 

5 baseline to be accomplished by— 

6 (I) chapter 329 of title 49, 

7 United States Code (including regula8 tions promulgated to carry out that 

9 chapter); and 

10 (II) section 211(o) of the Clean 

11 Air Act (42 U.S.C. 7545(o)) (includ12 ing regulations promulgated to carry 

13 out section 211(o) of that Act); and 

14 (ii) whether the options described in 

15 subparagraph (A), taken together with ex16 pected oil savings described in clause (i), 

17 will achieve the oil savings specified in sub18 paragraph (A). 

19 (2) CONTENTS.—Each report shall— 

20 (A) be consistent with the policy under 

21 subsection (b); 

22 (B) include only options directly related to 

23 reduced oil consumption; 


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1 (C) include a description of the advantages 

2 and disadvantages (including implications for 

3 national security) for each option; and 

4 (D) not include options that would increase 

5 lifecycle greenhouse gas emissions above levels 

6 in effect on the date of enactment of this Act. 

7 (3) ADDITIONAL LEGISLATIVE AUTHORITY.— 

8 Each report may include a request to Congress for 

9 any additional legislative authority that is necessary 

10 to implement any recommendations made in the re11 port. 

12 (4) BASELINE.—In performing the analyses re13 quired for the report, the Interagency Task Force 

14 shall— 

15 (A) determine oil savings as the projected 

16 reduction in oil consumption from the baseline 

17 established by the reference case contained in 

18 the report of the Energy Information Adminis19 tration entitled ‘‘Annual Energy Outlook 

20 2009’’; 

21 (B) determine the oil savings projections 

22 required on an annual basis for each of cal23 endar years 2009 through 2030; and 

24 (C) account for any overlap among imple25 mentation actions to ensure that the projected 


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1 oil savings from all the recommendations, taken 

2 together, are as accurate as practicable. 

3 (d) ANNUAL REPORT ON OIL SAVINGS MEASURES.— 

4 Not later than 1 year after the date of initial oil savings 

5 report under subsection (c) and annually thereafter, the 

6 Secretary of Energy shall submit to Congress a report that 

7 estimates the quantity of oil actually saved by the oil sav8 ings measures that the Federal Government has imple9 mented during the prior year. 

10 (e) RELATIONSHIP TO OTHER LAWS.—Nothing in 

11 this section affects the authority provided or responsibility 

12 delegated under any other law. 


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Calendar No. 110 

111TH CONGRESS 

1ST SESSION S. 1462 

[Report No. 111–48] 

A BILL 

To promote clean energy technology development, 

velopment, and for other purposes. curity, and energy innovation and workforce deenhanced energy efficiency, improved energy seJULY 16, 2009 

Read twice and placed on the calendar 


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