II 

Calendar No. 140 

110TH CONGRESS 

1ST SESSION S. 1321 

[Report No. 110–65] 

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

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

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2007 

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 enhance the energy security of the United States by 

promoting biofuels, energy efficiency, and carbon capture 

and storage, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Energy Savings Act of 2007’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—BIOFUELS FOR ENERGY SECURITY AND 

TRANSPORTATION 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Subtitle A—Renewable Fuel Standard 

Sec. 111. Renewable fuel standard. 

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

Subtitle B—Renewable Fuels Infrastructure 

Sec. 121. Infrastructure pilot program for renewable fuels. 

Sec. 122. Bioenergy research and development. 

Sec. 123. Bioresearch centers for systems biology program. 

Sec. 124. Loan guarantees for renewable fuel facilities. 

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

certain States. 

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

Sec. 127. Biorefinery information center. 

Sec. 128. Alternative fuel database and materials. 

Sec. 129. Fuel tank cap labeling requirement. 

Sec. 130. Biodiesel. 

Subtitle C—Studies 

Sec. 141. Study of advanced biofuels technologies. 

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

higher levels of ethanol. 

Sec. 143. Pipeline feasibility study. 

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

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

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

Sec. 147. Study of incentives for renewable fuels. 

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

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

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

TITLE II—ENERGY EFFICIENCY PROMOTION 

Sec. 201. Short title. 

Subtitle A—Promoting Advanced Lighting Technologies 

Sec. 211. Accelerated procurement of energy efficient lighting. 

Sec. 212. Incandescent reflector lamp efficiency standards. 

Sec. 213. Bright Tomorrow Lighting Prizes. 

Sec. 214. Sense of Senate concerning efficient lighting standards. 

Sec. 215. Renewable energy construction grants. 

Subtitle B—Expediting New Energy Efficiency Standards 


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Sec. 221. Definition of energy conservation standard. 

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

Sec. 223. Furnace fan rulemaking. 

Sec. 224. Expedited rulemakings. 

Sec. 225. Periodic reviews. 

Sec. 226. Energy efficiency labeling for consumer products. 

Sec. 227. Residential boiler efficiency standards. 

Sec. 228. Technical corrections. 

Sec. 229. Electric motor efficiency standards. 

Sec. 230. Energy standards for home appliances. 

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

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

Sec. 233. Industrial efficiency program. 

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

Energy Storage 

Sec. 241. Lightweight materials research and development. 

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

Sec. 243. Advanced technology vehicles manufacturing incentive program. 

Sec. 244. Energy storage competitiveness. 

Sec. 245. Advanced transportation technology program. 

Subtitle D—Setting Energy Efficiency Goals 

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

Sec. 252. National energy efficiency improvement goals. 

Sec. 253. National media campaign. 

Sec. 254. Modernization of electricity grid system. 

Subtitle E—Promoting Federal Leadership in Energy Efficiency and 

Renewable Energy 

Sec. 261. Federal fleet conservation requirements. 

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

energy. 

Sec. 263. Energy savings performance contracts. 

Sec. 264. Energy management requirements for Federal buildings. 

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

sites. 

Sec. 266. Federal building energy efficiency performance standards. 

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

assisted housing. 

Sec. 268. Energy efficient commercial buildings initiative. 

Subtitle F—Assisting State and Local Governments in Energy Efficiency 

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

Sec. 272. State energy conservation plans. 

Sec. 273. Utility energy efficiency programs. 

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

Sec. 275. Energy and environmental block grant. 

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

education. 

Sec. 277. Workforce training. 


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

TITLE III—CARBON CAPTURE AND STORAGE RESEARCH, 

DEVELOPMENT, AND DEMONSTRATION 

Sec. 301. Short title. 

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

Sec. 303. Carbon dioxide storage capacity assessment. 

Sec. 304. Carbon capture and storage initiative. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—BIOFUELS FOR ENERGY 

5 SECURITY AND TRANSPOR6 TATION 

7 SEC. 101. SHORT TITLE. 

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

9 Security and Transportation Act of 2007’’. 

10 SEC. 102. DEFINITIONS. 

11 In this title: 

12 (1) ADVANCED BIOFUEL.— 

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

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

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

17 biofuel’’ includes— 

18 (i) ethanol derived from cellulose, 

19 hemicellulose, or lignin; 


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1 (ii) ethanol derived from sugar or 

2 starch, other than ethanol derived from 

3 corn starch; 

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

7 waste and yard waste; 

8 (iv) diesel-equivalent fuel derived from 

9 renewable biomass, including vegetable oil 

10 and animal fat; 

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

13 biomass; and 

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

16 matter from renewable biomass. 

17 (2) CELLULOSIC BIOMASS ETHANOL.—The 

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

20 is derived from renewable biomass. 

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

23 starch. 

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


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

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

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

4 of a forest from the late successional state of 

5 forest development) that is harvested where 

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

8 (i) National Forest System land; or 

9 (ii) public lands (as defined in section 

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

12 or 

13 (B) any organic matter that is available on 

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

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

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

19 United States, including— 

20 (i) renewable plant material, includ21 ing— 

22 (I) feed grains; 

23 (II) other agricultural commod24 ities; 

25 (III) other plants and trees; and 


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1 (IV) algae; and 

2 (ii) waste material, including— 

3 (I) crop residue; 

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

6 residues); 

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

9 manure); and 

10 (IV) food waste and yard waste. 

11 (5) RENEWABLE FUEL.— 

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

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

14 home heating fuel that is— 

15 (i) produced from renewable biomass; 

16 and 

17 (ii) used to replace or reduce the 

18 quantity of fossil fuel present in a fuel or 

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

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

22 fuel’’ includes— 

23 (i) conventional biofuel; and 

24 (ii) advanced biofuel. 


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

4 (as determined by dividing the aggregate throughput 

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

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

7 Subtitle A—Renewable Fuel 

8 Standard 

9 SEC. 111. RENEWABLE FUEL STANDARD. 

10 (a) RENEWABLE FUEL PROGRAM.— 

11 (1) REGULATIONS.— 

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

13 after the date of enactment of this Act, the 

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

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

19 average basis, contains the applicable volume of 

20 renewable fuel determined in accordance with 

21 paragraph (2). 

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


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1 (i) shall contain compliance provisions 

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

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

7 (II) renewable fuels produced 

8 from facilities built after the date of 

9 enactment of this Act achieve at least 

10 a 20 percent reduction in life cycle 

11 greenhouse gas emissions compared to 

12 gasoline; but 

13 (ii) shall not— 

14 (I) restrict geographic areas in 

15 the contiguous United States in which 

16 renewable fuel may be used; or 

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

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

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

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


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

2 of the Energy Policy Act of 2005 (Public Law 

3 109–58; 119 Stat. 1067). 

4 (2) APPLICABLE VOLUME.— 

5 (A) CALENDAR YEARS 2008 THROUGH

6 2022.— 

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

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

11 determined in accordance with the fol12 lowing table: 

Applicable volume of 

renewable fuel

Calendar year: (in billions of gallons): 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13 (ii) ADVANCED BIOFUELS.—For the 

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

15 renewable fuel required under clause (i), 

16 the applicable volume for any of calendar 

17 years 2016 through 2022 for advanced 


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1 biofuels shall be determined in accordance 

2 with the following table: 

Applicable volume of 

advanced biofuels

Calendar year: (in billions of gallons): 

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

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

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

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

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

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

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

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

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

7 year thereafter shall be determined by the 

8 President, in coordination with the Secretary of 

9 Energy, the Secretary of Agriculture, and the 

10 Administrator of the Environmental Protection 

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

13 through 2022, including a review of— 

14 (i) the impact of renewable fuels on 

15 the energy security of the United States; 

16 (ii) the expected annual rate of future 

17 production of renewable fuels, including 

18 advanced biofuels; 

19 (iii) the impact of renewable fuels on 

20 the infrastructure of the United States, inVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 cluding deliverability of materials, goods, 

2 and products other than renewable fuel, 

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

5 (iv) the impact of the use of renewable 

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

8 commodities, rural economic development, 

9 and the environment. 

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

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

15 multiplying— 

16 (i) the number of gallons of gasoline 

17 that the President estimates will be sold or 

18 introduced into commerce in the calendar 

19 year; and 

20 (ii) the ratio that— 

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

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


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1 (D) MINIMUM PERCENTAGE OF ADVANCED

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

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

4 the minimum applicable volume for calendar 

5 year 2023 and each calendar year thereafter 

6 shall be advanced biofuel. 

7 (b) APPLICABLE PERCENTAGES.— 

8 (1) PROVISION OF ESTIMATE OF VOLUMES OF

9 GASOLINE SALES.—Not later than October 31 of 

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

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

15 into commerce in the United States. 

16 (2) DETERMINATION OF APPLICABLE PERCENT17 AGES.— 

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

20 2022, based on the estimate provided under 

21 paragraph (1), the President shall determine 

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


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

3 year under subparagraph (A) shall— 

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

6 (ii) be expressed in terms of a volume 

7 percentage of gasoline sold or introduced 

8 into commerce in the United States; and 

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

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

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

15 shall make adjustments— 

16 (A) to prevent the imposition of redundant 

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

19 (B) to account for the use of renewable 

20 fuel during the previous calendar year by small 

21 refineries that are exempt under subsection (g). 

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


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

4 satisfying the fuel volume requirements of subsection 

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

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

10 ratio that— 

11 (A) the number of British thermal units of 

12 energy produced by the combustion of 1 gallon 

13 of the advanced biofuel (as measured under 

14 conditions determined by the Secretary); bears 

15 to 

16 (B) the number of British thermal units of 

17 energy produced by the combustion of 1 gallon 

18 of pure ethanol (as measured under conditions 

19 determined by the Secretary to be comparable 

20 to conditions described in subparagraph (A)). 

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

24 2015, 1 gallon of cellulosic biomass ethanol shall be 


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

3 (d) CREDIT PROGRAM.— 

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

6 Environmental Protection Agency, shall implement a 

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

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

12 1067). 

13 (2) MARKET TRANSPARENCY.—In carrying out 

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

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

17 the public interest, the integrity of those markets, 

18 fair competition, and the protection of consumers 

19 and agricultural producers. 

20 (e) SEASONAL VARIATIONS IN RENEWABLE FUEL

21 USE.— 

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

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

25 renewable fuel blending to determine whether there 


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

3 (2) REGULATION OF EXCESSIVE SEASONAL

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

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

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

9 percent or more of the quantity of renewable fuel 

10 necessary to meet the requirements of subsection (a) 

11 is used during each of the 2 periods specified in 

12 paragraph (4) of each subsequent calendar year. 

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

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

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

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

19 the calendar year; 

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

23 (C) promulgating regulations or other re24 quirements to impose a 25 percent or more seaVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 sonal use of renewable fuels will not signifi2 cantly— 

3 (i) increase the price of motor fuels to 

4 the consumer; or 

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

7 standards. 

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

9 subsection are— 

10 (A) April through September; and 

11 (B) January through March and October 

12 through December. 

13 (f) WAIVERS.— 

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

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

20 quantity of renewable fuel required under subsection 

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

22 (after public notice and opportunity for comment), 

23 that— 

24 (A) implementation of the requirement 

25 would severely harm the economy or environVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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

2 or 

3 (B) extreme and unusual circumstances 

4 exist that prevent distribution of an adequate 

5 supply of domestically-produced renewable fuel 

6 to consumers in the United States. 

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

8 in consultation with the Secretary of Energy, the 

9 Secretary of Agriculture, and the Administrator of 

10 the Environmental Protection Agency, shall approve 

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

13 the date on which the petition is received by the 

14 President. 

15 (3) TERMINATION OF WAIVERS.—A waiver 

16 granted under paragraph (1) shall terminate after 1 

17 year, but may be renewed by the President after 

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

20 Environmental Protection Agency. 

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

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

23 railroad transportation of domestically-produced re24 newable fuel is inadequate, based on either the serv25 ice provided by, or the price of, the railroad transVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 portation, the President shall submit to Congress a 

2 report that describes— 

3 (A) the actions the Federal Government is 

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

5 including a description of the specific powers of 

6 the applicable Federal agencies; and 

7 (B) if the President finds that there are 

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

12 the inadequacies. 

13 (g) SMALL REFINERIES.— 

14 (1) TEMPORARY EXEMPTION.— 

15 (A) IN GENERAL.—The requirements of 

16 subsection (a) shall not apply to— 

17 (i) small refineries (other than a small 

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

20 (ii) small refineries owned by a small 

21 business refiner (as defined in section 

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

23 1986) until calendar year 2015. 

24 (B) EXTENSION OF EXEMPTION.— 


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1 (i) STUDY BY SECRETARY.—Not later 

2 than December 31, 2008, the Secretary 

3 shall submit to the President and Congress 

4 a report describing the results of a study 

5 to determine whether compliance with the 

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

8 on small refineries. 

9 (ii) EXTENSION OF EXEMPTION.—In 

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

12 be subject to a disproportionate economic 

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

15 exemption under subparagraph (A) for the 

16 small refinery for a period of not less than 

17 2 additional years. 

18 (2) PETITIONS BASED ON DISPROPORTIONATE

19 ECONOMIC HARDSHIP.— 

20 (A) EXTENSION OF EXEMPTION.—A small 

21 refinery may at any time petition the President 

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

24 economic hardship. 


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

3 President, in consultation with the Secretary, 

4 shall consider the findings of the study under 

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

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

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

10 of receipt of the petition. 

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

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

15 under paragraph (1). 

16 (h) PENALTIES AND ENFORCEMENT.— 

17 (1) CIVIL PENALTIES.— 

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

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

22 to the United States for a civil penalty of not 

23 more than the total of— 

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


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1 (ii) the amount of economic benefit or 

2 savings received by the person resulting 

3 from the violation, as determined by the 

4 President. 

5 (B) COLLECTION.—Civil penalties under 

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

8 or such other officer of the United States as is 

9 designated by the President. 

10 (2) INJUNCTIVE AUTHORITY.— 

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

12 the United States shall have jurisdiction to— 

13 (i) restrain a violation of a regulation 

14 promulgated under subsection (a); 

15 (ii) award other appropriate relief; 

16 and 

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

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

20 violations and compel such actions shall be 

21 brought by and in the name of the United 

22 States. 

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


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1 a district court in any district may apply in any 

2 other district. 

3 (i) VOLUNTARY LABELING PROGRAM.— 

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

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

8 (2) CONSUMER EDUCATION.—The President 

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

11 making fuel purchases. 

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

14 label, as appropriate. 

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

17 January 1, 2008. 

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

20 (a) DEFINITIONS.—In this section: 

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

23 (2) RENEWABLE ENERGY.— 

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

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

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

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

5 conversion of organic matter from renewable 

6 biomass. 

7 (b) ADDITIONAL CREDIT.— 

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

9 a credit under the program established under section 

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

11 energy to displace more than 90 percent of the fossil 

12 fuel normally used in the production of renewable 

13 fuel. 

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

16 the equivalent of 1.5 gallons of renewable fuel for 

17 each gallon of renewable fuel produced in a facility 

18 described in paragraph (1). 

19 Subtitle B—Renewable Fuels 

20 Infrastructure 

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

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

24 with the Secretary of Transportation and the Adminis25 trator of the Environmental Protection Agency, shall esVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 tablish a competitive grant pilot program (referred to in 

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

3 through the Vehicle Technology Deployment Program of 

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

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

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

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

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

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

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

15 at least 10 percent renewable fuel, including— 

16 (1) installation of infrastructure and equipment 

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

19 (2) installation of infrastructure and equipment 

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

22 (3) operation and maintenance of infrastructure 

23 and equipment installed as part of a project funded 

24 by the grant. 

25 (c) APPLICATIONS.— 


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1 (1) REQUIREMENTS.— 

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

4 of enactment of this Act, the Secretary shall 

5 issue requirements for use in applying for 

6 grants under the pilot program. 

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

10 (i) be submitted by— 

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

12 local government or a metropolitan 

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

15 (II) a registered participant in 

16 the Vehicle Technology Deployment 

17 Program of the Department of En18 ergy; and 

19 (ii) include— 

20 (I) a description of the project 

21 proposed in the application, including 

22 the ways in which the project meets 

23 the requirements of this section; 

24 (II) an estimate of the degree of 

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1 mated size of fleet of vehicles operated 

2 with renewable fuel available within 

3 the geographic region of the corridor, 

4 measured as a total quantity and a 

5 percentage; 

6 (III) an estimate of the potential 

7 petroleum displaced as a result of the 

8 project (measured as a total quantity 

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

13 under the grant, over the expected life 

14 of the project; 

15 (IV) a description of the means 

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

18 the completion of the term of the 

19 grant; 

20 (V) a complete description of the 

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

23 maintenance costs over the expected 

24 life of the project; and 


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1 (VI) a description of which costs 

2 of the project will be supported by 

3 Federal assistance under this sub4 section. 

5 (2) PARTNERS.—An applicant under paragraph 

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

7 in partnership with public and private entities. 

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

10 (1) consider the experience of each applicant 

11 with previous, similar projects; and 

12 (2) give priority consideration to applications 

13 that— 

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

16 total quantity and a percentage; 

17 (B) are best able to incorporate existing 

18 infrastructure while maximizing, to the extent 

19 practicable, the use of advanced biofuels; 

20 (C) demonstrate the greatest commitment 

21 on the part of the applicant to ensure funding 

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


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1 (D) represent a partnership of public and 

2 private entities; and 

3 (E) exceed the minimum requirements of 

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

5 (e) PILOT PROJECT REQUIREMENTS.— 

6 (1) MAXIMUM AMOUNT.—The Secretary shall 

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

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

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

12 from a grant under this section shall be not less 

13 than 20 percent. 

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

16 the pilot program for more than 2 years. 

17 (4) DEPLOYMENT AND DISTRIBUTION.—The 

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

20 project sites funded by grants under this section. 

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

23 ensure that the information and knowledge gained 

24 by participants in the pilot program are transferred 

25 among the pilot program participants and to other 


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1 interested parties, including other applicants that 

2 submitted applications. 

3 (f) SCHEDULE.— 

4 (1) INITIAL GRANTS.— 

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

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

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

11 carry out projects under the pilot program. 

12 (B) DEADLINE.—An application described 

13 in subparagraph (A) shall be submitted to the 

14 Secretary by not later than 180 days after the 

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

17 (C) INITIAL SELECTION.—Not later than 

18 90 days after the date by which applications for 

19 grants are due under subparagraph (B), the 

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

22 projects to be awarded a grant under the pilot 

23 program. 

24 (2) ADDITIONAL GRANTS.— 


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

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

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

8 program that incorporate the information and 

9 knowledge obtained through the implementation 

10 of the first round of projects authorized under 

11 the pilot program. 

12 (B) DEADLINE.—An application described 

13 in subparagraph (A) shall be submitted to the 

14 Secretary by not later than 180 days after the 

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

17 (C) INITIAL SELECTION.—Not later than 

18 90 days after the date by which applications for 

19 grants are due under subparagraph (B), the 

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

22 projects to be awarded a grant under the pilot 

23 program as the Secretary determines to be ap24 propriate. 

25 (g) REPORTS TO CONGRESS.— 


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

2 after the date on which grants are awarded under 

3 this section, the Secretary shall submit to Congress 

4 a report containing— 

5 (A) an identification of the grant recipients 

6 and a description of the projects to be funded 

7 under the pilot program; 

8 (B) an identification of other applicants 

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

11 and 

12 (C) a description of the mechanisms used 

13 by the Secretary to ensure that the information 

14 and knowledge gained by participants in the 

15 pilot program are transferred among the pilot 

16 program participants and to other interested 

17 parties, including other applicants that sub18 mitted applications. 

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

20 the date of enactment of this Act, and annually 

21 thereafter until the termination of the pilot program, 

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

24 program, including an assessment of the petroleum 

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

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

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

6 expended. 

7 SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT. 

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

9 U.S.C. 16231(c)) is amended— 

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

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

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

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

14 SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY 

15 PROGRAM. 

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

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

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

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

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

22 Administration for Defense Districts with no subdistricts 

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

24 of the Petroleum Administration for Defense District with 

25 subdistricts’’. 


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

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

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

5 the end the following: 

6 ‘‘(f) RENEWABLE FUEL FACILITIES.— 

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

8 guarantees under this title for projects that produce 

9 advanced biofuel (as defined in section 102 of the 

10 Biofuels for Energy Security and Transportation 

11 Act of 2007). 

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

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

15 fuels as compared to commercial technologies in 

16 service in the United States at the time that the 

17 guarantee is issued. 

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

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

20 of the Continuing Appropriations Resolution, 2007 

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

22 to the issuance of final regulations, shall not apply 

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

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

26 guarantee is made under this subsection shall have 


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1 a project design that has been validated through the 

2 operation of a continuous process pilot facility with 

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

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

7 total principal amount of a loan guaranteed under 

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

9 single facility. 

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

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

13 that is the subject of the guarantee under paragraph 

14 (3). 

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

16 or disapprove an application for a guarantee under 

17 this subsection not later than 90 days after the date 

18 of receipt of the application. 

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

20 approving or disapproving an application under 

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

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


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

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

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

6 technology’ does not include a technology if the 

7 sole use of the technology is in connection 

8 with— 

9 ‘‘(i) a demonstration plant; or 

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

11 approved a loan guarantee.’’. 

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

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

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

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

19 made unless— 

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

21 been made; or 

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

23 borrower a payment in full for the cost of the 

24 obligation and deposited the payment into the 

25 Treasury. 


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

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

4 or guaranteed by the Federal Government. 

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

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

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

8 guarantee made in accordance with paragraph 

9 (1)(B).’’. 

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

12 striking subsection (c) and inserting the following: 

13 ‘‘(c) AMOUNT.— 

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

15 the Secretary shall guarantee up to 100 percent of 

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

17 a facility that are the subject of the guarantee. 

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

19 guaranteed for a facility by the Secretary shall not 

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

21 estimated at the time at which the guarantee is 

22 issued.’’. 

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

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

25 is amended— 


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

2 (B) by redesignating subparagraph (C) as 

3 subparagraph (B). 

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

6 striking paragraph (2) and inserting the following: 

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

8 subsection shall— 

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

10 special fund in the Treasury to be known as the 

11 ‘Incentives For Innovative Technologies Fund’; 

12 and 

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

14 expenditure, without further appropriation or 

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

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

19 STATES. 

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

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

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


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

2 under the section, an entity shall— 

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

4 defined in section 2 of the Energy Policy Act of 

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

7 (B) be an institution— 

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

9 in Educational Land-Grant Status Act of 1994 

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

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

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

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

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

17 640a et seq.); or 

18 (C) be a consortium of such institutions of 

19 higher education, industry, State agencies, Indian 

20 tribal agencies, or local government agencies located 

21 in the State; and 

22 (2) have proven experience and capabilities with 

23 relevant technologies. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

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

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

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

8 program under which the Secretary shall provide grants 

9 to Indian tribal and local governments and other eligible 

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

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

14 biorefineries. 

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

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

18 program, the Secretary shall make grants to eligible 

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

21 infrastructure to support the separation, production, 

22 processing, and transportation of biomass to local 

23 biorefineries. 

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

25 the program, the Secretary shall make competitive 


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

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

6 SEC. 127. BIOREFINERY INFORMATION CENTER. 

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

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

10 parties information on— 

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

13 (2) renewable fuel producers; 

14 (3) renewable fuel users; and 

15 (4) potential renewable fuel users. 

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

18 (1) continually update information provided by 

19 the center; 

20 (2) make information available to interested 

21 parties on the process for establishing a biorefinery; 

22 and 

23 (3) make information and assistance provided 

24 by the center available through a toll-free telephone 

25 number and website. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

4 SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS. 

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

7 and make available to the public— 

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

10 (2) standard reference materials for different 

11 types of alternative fuel. 

12 SEC. 129. FUEL TANK CAP LABELING REQUIREMENT. 

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

14 U.S.C. 13232(a)) is amended— 

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

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

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

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

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

24 labeled to inform consumers that such vehicle can 

25 operate on alternative fuel.’’. 


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1 SEC. 130. BIODIESEL. 

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

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

4 to Congress a report on any research and development 

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

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

9 (b) REGULATIONS.—The President shall promulgate 

10 regulations providing for the uniform labeling of biodiesel 

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

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

15 (1) QUALITY REGULATIONS.—Within 180 days 

16 following the date of enactment of this Act, the 

17 President shall promulgate regulations to ensure 

18 that only biodiesel that is tested and certified to 

19 comply with the American Society for Testing and 

20 Materials (ASTM) 6751 standard is introduced into 

21 interstate commerce. 

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

24 meets the requirements of paragraph (1). 

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


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

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

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

4 Subtitle C—Studies 

5 SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES. 

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

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

8 National Academy of Sciences under which the Academy 

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

11 biofuels. 

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

13 shall— 

14 (1) include an assessment of the maturity of 

15 advanced biofuels technologies; 

16 (2) consider whether the rate of development of 

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

19 (3) consider the effectiveness of the research 

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

22 technologies; and 

23 (4) make policy recommendations to accelerate 

24 the development of those technologies to commercial 

25 viability, as appropriate. 


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

2 the Secretary shall submit to the Committee on Energy 

3 and Natural Resources of the Senate and the Committee 

4 on Energy and Commerce of the House of Representatives 

5 a report describing the results of the study conducted 

6 under this section. 

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

9 LEVELS OF ETHANOL. 

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

11 with the Secretary of Agriculture, the Administrator of the 

12 Environmental Protection Agency, and the Secretary of 

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

15 feasibility of increasing consumption in the United States 

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

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

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

20 (1) a review of production and infrastructure 

21 constraints on increasing consumption of ethanol; 

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

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


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

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

5 (4) an evaluation of the environmental impacts 

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

8 engines, recreational boats, vehicles, and equipment; 

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

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

12 recreational boats, vehicles, and equipment; and 

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

16 boats, vehicles, or equipment. 

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

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

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

21 SEC. 143. PIPELINE FEASIBILITY STUDY. 

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

23 with the Secretary of Agriculture and the Secretary of 

24 Transportation, shall conduct a study of the feasibility of 

25 the construction of dedicated ethanol pipelines. 


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

3 (1) the quantity of ethanol production that 

4 would make dedicated pipelines economically viable; 

5 (2) existing or potential barriers to dedicated 

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

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

9 means of mitigating the risk; 

10 (4) regulatory, financing, and siting options 

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

13 pipelines; 

14 (5) financial incentives that may be necessary 

15 for the construction of dedicated ethanol pipelines, 

16 including the return on equity that sponsors of the 

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

19 (6) technical factors that may compromise the 

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

22 pipeline integrity; and 

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


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

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

3 to Congress a report describing the results of the study 

4 conducted under this section. 

5 SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED 

6 VEHICLES TO USE E–85 FUEL. 

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

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

10 operate using E–85 fuel. 

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

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

13 the Committee on Energy and Natural Resources of the 

14 Senate and the Committee on Natural Resources of the 

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

17 Secretary. 

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

19 ELECTRICITY IN ELECTRIC VEHICLES. 

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

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

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


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

2 electric current that is external to the vehicle; and 

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

4 motive power of the vehicle. 

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

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

8 electricity produced from renewable energy sources. 

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

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

11 to the Committee on Energy and Natural Resources of 

12 the Senate and the Committee on Energy and Commerce 

13 of the House of Representatives a report that describes 

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

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

16 renewable electricity as a means of powering electric 

17 vehicles; and 

18 (2) alternatives for— 

19 (A) designing a pilot program to determine 

20 the feasibility of using renewable electricity to 

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

23 (B) allowing the use, under the pilot pro24 gram designed under subparagraph (A), of elecVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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

3 (C) identifying the source of electricity 

4 used to power electric vehicles; and 

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

8 SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED 

9 WITH THE USE OF BIODIESEL. 

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

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

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

13 durability. 

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

15 shall include— 

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

18 durability; and 

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

20 subsection (a) with respect to biodiesel blends at 

21 varying concentrations, including— 

22 (A) B5; 

23 (B) B10; 

24 (C) B20; and 

25 (D) B30. 


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

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

3 the renewable fuels industry and markets in the United 

4 States, including— 

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

7 (2) the factors affecting the future market 

8 prices for those biofuels, including world oil prices; 

9 and 

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

12 biofuels industry of the United States to reduce the 

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

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

16 the options for financial incentives and the advantage and 

17 disadvantages of each option. 

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

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

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

21 SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS 

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

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

25 with the Secretary of Agriculture and the Administrator 


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1 of the Environmental Protection Agency, shall conduct a 

2 study of— 

3 (1) published methods for evaluating the 

4 lifecycle fossil and renewable carbon content of fuels, 

5 including conventional and advanced biofuels; and 

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

8 carbon content of biofuels. 

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

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

11 the Committee on Energy and Natural Resources of the 

12 Senate and the Committee on Energy and Commerce of 

13 the House of Representatives a report that describes the 

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

16 streamlined lifecycle analysis of the fossil and renewable 

17 carbon content of biofuels that includes— 

18 (1) carbon inputs to feedstock production; and 

19 (2) carbon inputs to the biofuel production 

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

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

24 RENEWABLE FUEL. 

25 (a) STUDY.— 


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

5 (2) COMPONENTS.—In conducting the study 

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

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

9 and are in the appropriate condition, to move 

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

13 (B) the adequacy of the supply of railroad 

14 tank cars, locomotives, and rail crews to move 

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

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

20 (ii) the impact of the projected costs on 

21 the marketability of the domestically-produced 

22 renewable fuel; 

23 (D) whether there is adequate railroad 

24 competition to ensure— 


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

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

7 (E) any rail infrastructure capital costs 

8 that the railroads indicate should be paid by the 

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

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

16 access to competitive rail service; 

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

19 problems that may be resulting in inadequate 

20 supplies of domestically-produced renewable fuel 

21 in any area of the United States; and 

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

24 ensure the reliable railroad transportation of 


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

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

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

5 the Committee on Energy and Natural Resources of the 

6 Senate and the Committee on Energy and Commerce of 

7 the House of Representatives a report that describes the 

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

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

11 (a) STUDY.— 

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

14 Administrator of the Environmental Protection 

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

17 and recreational boats. 

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

19 evaluation of the operational, safety, durability, and 

20 environmental impacts of ethanol-blended gasoline 

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

22 and related equipment. 

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

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

25 Congress a report describing the results of the study. 


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1 TITLE II—ENERGY EFFICIENCY 

2 PROMOTION 

3 SEC. 201. SHORT TITLE. 

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

5 Promotion Act of 2007’’. 

6 Subtitle A—Promoting Advanced 

7 Lighting Technologies 

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

10 Section 553 of the National Energy Conservation 

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

12 following: 

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

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

16 2013, in accordance with guidelines issued by the 

17 Secretary, all general purpose lighting in Federal 

18 buildings shall be Energy Star products or products 

19 designated under the Federal Energy Management 

20 Program. 

21 ‘‘(2) GUIDELINES.— 

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

23 after the date of enactment of this subsection, 

24 the Secretary shall issue guidelines to carry out 

25 this subsection. 


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

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

6 SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY 

7 STANDARDS. 

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

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

10 (1) in paragraph (30)(C)(ii)— 

11 (A) in the matter preceding subclause 

12 (I)— 

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

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

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

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

17 ‘‘2.25’’; and 

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

19 follows through subclause (II) and inserting 

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

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

23 ‘‘(52) BPAR INCANDESCENT REFLECTOR

24 LAMP.—The term ‘BPAR incandescent reflector 


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1 lamp’ means a reflector lamp as shown in figure 

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

3 ‘‘(53) BR INCANDESCENT REFLECTOR LAMP; 

4 BR30; BR40.— 

5 ‘‘(A) BR INCANDESCENT REFLECTOR

6 LAMP.—The term ‘BR incandescent reflector 

7 lamp’ means a reflector lamp that has— 

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

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

12 1994, incorporated by reference in section 

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

15 of this paragraph); and 

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

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

19 of ANSI C78.21–1989, incorporated by 

20 reference in section 430.22 of title 10, 

21 Code of Federal Regulations (as in effect 

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


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

2 BR incandescent reflector lamp with a diameter 

3 of 30/8ths of an inch. 

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

5 BR incandescent reflector lamp with a diameter 

6 of 40/8ths of an inch. 

7 ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; 

8 ER30; ER40.— 

9 ‘‘(A) ER INCANDESCENT REFLECTOR

10 LAMP.—The term ‘ER incandescent reflector 

11 lamp’ means a reflector lamp that has— 

12 ‘‘(i) an elliptical section below the 

13 major diameter of the bulb and above the 

14 approximate baseline of the bulb, as shown 

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

16 C79.1–1994, incorporated by reference in 

17 section 430.22 of title 10, Code of Federal 

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

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

21 in ANSI C78.21–1989, incorporated by 

22 reference in section 430.22 of title 10, 

23 Code of Federal Regulations (as in effect 

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


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

2 ER incandescent reflector lamp with a diameter 

3 of 30/8ths of an inch. 

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

5 ER incandescent reflector lamp with a diameter 

6 of 40/8ths of an inch. 

7 ‘‘(55) R20 INCANDESCENT REFLECTOR

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

9 means a reflector lamp that has a face diameter of 

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

11 on page 7 of ANSI C79.1–1994.’’. 

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

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

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

16 following: 

17 ‘‘(1) STANDARDS.— 

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

19 In this paragraph (other than subparagraph 

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

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

23 the period of months corresponding to that type 

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

25 October 24, 1992. 


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

2 following general service fluorescent lamps and 

3 incandescent reflector lamps manufactured 

4 after the effective date specified in the tables 

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

‘‘FLUORESCENT LAMPS 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

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

≤35 W 45 75.0 36 

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

≤35 W 45 64.0 36 

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

≤65 W 45 80.0 18 

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

≤100 W 45 80.0 18 

‘‘INCANDESCENT REFLECTOR LAMPS 

Nominal Lamp Wattage 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

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

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

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

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

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

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

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

10 following types of incandescent reflector lamps: 

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

12 that are ER30, BR30, BR40, or ER40 

13 lamps. 


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

2 are BR30, BR40, or ER40 lamps. 

3 ‘‘(iii) R20 incandescent reflector 

4 lamps rated 45 watts or less. 

5 ‘‘(D) EFFECTIVE DATES.— 

6 ‘‘(i) ER, BR, AND BPAR LAMPS.—The 

7 standards specified in subparagraph (B) 

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

11 lamps, and similar bulb shapes on and 

12 after January 1, 2008. 

13 ‘‘(ii) LAMPS BETWEEN 2.25–2.75

14 INCHES IN DIAMETER.—The standards 

15 specified in subparagraph (B) shall apply 

16 with respect to incandescent reflector 

17 lamps with a diameter of more than 2.25 

18 inches, but not more than 2.75 inches, on 

19 and after January 1, 2008.’’. 

20 SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES. 

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

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

23 carried out under section 1008 of the Energy Policy Act 

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


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1 and award Bright Tomorrow Lighting Prizes for solid 

2 state lighting in accordance with this section. 

3 (b) PRIZE SPECIFICATIONS.— 

4 (1) 60-WATT INCANDESCENT REPLACEMENT

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

6 Incandescent Replacement Lamp Prize to an entrant 

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

9 (A) producing a luminous flux greater than 

10 900 lumens; 

11 (B) consuming less than or equal to 10 

12 watts; 

13 (C) having an efficiency greater than 90 

14 lumens per watt; 

15 (D) having a color rendering index greater 

16 than 90; 

17 (E) having a correlated color temperature 

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

19 3,000, degrees Kelvin; 

20 (F) having 70 percent of the lumen value 

21 under subparagraph (A) exceeding 25,000 

22 hours under typical conditions expected in resi23 dential use; 


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1 (G) having a light distribution pattern 

2 similar to a soft 60-watt incandescent A19 

3 bulb; 

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

6 accordance with American National Standards 

7 Institute standard C78.20–2003, figure 

8 C78.20–211; 

9 (I) using a single contact medium screw 

10 socket; and 

11 (J) mass production for a competitive sales 

12 commercial market satisfied by the submission 

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

14 criteria described in subparagraphs (A) through 

15 (I). 

16 (2) PAR TYPE 38 HALOGEN REPLACEMENT

17 LAMP PRIZE.—The Secretary shall award a 

18 Parabolic Aluminized Reflector Type 38 Halogen 

19 Replacement Lamp Prize (referred to in this section 

20 as the ‘‘PAR Type 38 Halogen Replacement Lamp 

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

23 (A) producing a luminous flux greater than 

24 or equal to 1,350 lumens; 


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1 (B) consuming less than or equal to 11 

2 watts; 

3 (C) having an efficiency greater than 123 

4 lumens per watt; 

5 (D) having a color rendering index greater 

6 than or equal to 90; 

7 (E) having a correlated color coordinate 

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

9 more than 3,000, degrees Kelvin; 

10 (F) having 70 percent of the lumen value 

11 under subparagraph (A) exceeding 25,000 

12 hours under typical conditions expected in resi13 dential use; 

14 (G) having a light distribution pattern 

15 similar to a PAR 38 halogen lamp; 

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

19 Standards Institute standard C78–21–2003, 

20 figure C78.21–238; 

21 (I) using a single contact medium screw 

22 socket; and 

23 (J) mass production for a competitive sales 

24 commercial market satisfied by the submission 

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


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1 criteria described in subparagraphs (A) through 

2 (I). 

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

4 The Secretary shall award a Twenty-First Century 

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

7 (A) producing a light output greater than 

8 1,200 lumens; 

9 (B) having an efficiency greater than 150 

10 lumens per watt; 

11 (C) having a color rendering index greater 

12 than 90; 

13 (D) having a color coordinate temperature 

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

15 (E) having a lifetime exceeding 25,000 

16 hours. 

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

18 use funding from private sources as part of the prizes 

19 awarded under this section. 

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

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


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1 (e) THIRD PARTY ADMINISTRATION.—The Secretary 

2 may competitively select a third party to administer 

3 awards under this section. 

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

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

6 (1) the 60-Watt Incandescent Replacement 

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

8 $10,000,000; 

9 (2) the PAR Type 38 Halogen Replacement 

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

11 $5,000,000; and 

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

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

16 (1) 60-WATT INCANDESCENT REPLACEMENT.— 

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

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

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

23 of replacing the use of 60-watt incandescent lamps 

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


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

2 award is made. 

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

5 practicable after the successful award of the PAR 

6 Type 38 Halogen Replacement Lamp Prize under 

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

8 the Administrator of General Services) shall develop 

9 governmentwide Federal purchase guidelines with 

10 the goal of replacing the use of PAR 38 halogen 

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

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

14 the award is made. 

15 (3) WAIVERS.— 

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

17 Administrator of General Services may waive 

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

19 Secretary or Administrator determines that the 

20 return on investment from the purchase of a 

21 solid-state-light package described in paragraph 

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

23 prohibitive. 

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

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

3 annual report that describes the waiver and 

4 provides a detailed justification for the waiver. 

5 (h) BRIGHT LIGHT TOMORROW AWARD FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

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

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

10 subsection (b). 

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

13 (A) fiscal year appropriations; and 

14 (B) private contributions authorized under 

15 subsection (c). 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

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

19 SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT 

20 LIGHTING STANDARDS. 

21 (a) FINDINGS.—The Senate finds that— 

22 (1) there are approximately 4,000,000,000 

23 screw-based sockets in the United States that con24 tain traditional, energy-inefficient, incandescent light 

25 bulbs; 


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1 (2) incandescent light bulbs are based on tech2 nology that is more than 125 years old; 

3 (3) there are radically more efficient lighting al4 ternatives in the market, with the promise of even 

5 more choices over the next several years; 

6 (4) national policy can support a rapid substi7 tution of new, energy-efficient light bulbs for the less 

8 efficient products in widespread use; and, 

9 (5) transforming the United States market to 

10 use of more efficient lighting technologies can— 

11 (A) reduce electric costs in the United 

12 States by more than $18,000,000,000 annually; 

13 (B) save the equivalent electricity that is 

14 produced by 80 base load coal-fired power 

15 plants; and 

16 (C) reduce fossil fuel related emissions by 

17 approximately 158,000,000 tons each year. 

18 (b) SENSE OF THE SENATE.—It is the sense of the 

19 Senate that the Senate should— 

20 (1) pass a set of mandatory, technology-neutral 

21 standards to establish firm energy efficiency per22 formance targets for lighting products; 

23 (2) ensure that the standards become effective 

24 within the next 10 years; and 

25 (3) in developing the standards— 


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1 (A) establish the efficiency requirements to 

2 ensure that replacement lamps will provide con3 sumers with the same quantity of light while 

4 using significantly less energy; 

5 (B) ensure that consumers will continue to 

6 have multiple product choices, including energy7 saving halogen, incandescent, compact fluores8 cent, and LED light bulbs; and 

9 (C) work with industry and key stake10 holders on measures that can assist consumers 

11 and businesses in making the important transi12 tion to more efficient lighting. 

13 SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ALASKA SMALL HYDROELECTRIC POWER.— 

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

17 power that— 

18 (A) is generated— 

19 (i) in the State of Alaska; 

20 (ii) without the use of a dam or im21 poundment of water; and 

22 (iii) through the use of— 

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

24 alpine lake); or 


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

2 point of diversion; and 

3 (B) has a nameplate capacity rating of a 

4 wattage that is not more than 15 megawatts. 

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

6 applicant’’ means any— 

7 (A) governmental entity; 

8 (B) private utility; 

9 (C) public utility; 

10 (D) municipal utility; 

11 (E) cooperative utility; 

12 (F) Indian tribes; and 

13 (G) Regional Corporation (as defined in 

14 section 3 of the Alaska Native Claims Settle15 ment Act (43 U.S.C. 1602)). 

16 (3) OCEAN ENERGY.— 

17 (A) INCLUSIONS.—The term ‘‘ocean en18 ergy’’ includes current, wave, and tidal energy. 

19 (B) EXCLUSION.—The term ‘‘ocean en20 ergy’’ excludes thermal energy. 

21 (4) RENEWABLE ENERGY PROJECT.—The term 

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

23 (A) for the commercial generation of elec24 tricity; and 

25 (B) that generates electricity from— 


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1 (i) solar, wind, or geothermal energy 

2 or ocean energy; 

3 (ii) biomass (as defined in section 

4 203(b) of the Energy Policy Act of 2005 

5 (42 U.S.C. 15852(b))); 

6 (iii) landfill gas; or 

7 (iv) Alaska small hydroelectric power. 

8 (b) RENEWABLE ENERGY CONSTRUCTION

9 GRANTS.— 

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

11 amounts appropriated under this section to make 

12 grants for use in carrying out renewable energy 

13 projects. 

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

15 the date of enactment of this Act, the Secretary 

16 shall set forth criteria for use in awarding grants 

17 under this section. 

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

19 Secretary under paragraph (1), an eligible applicant 

20 shall submit to the Secretary an application at such 

21 time, in such manner, and containing such informa22 tion as the Secretary may require, including a writ23 ten assurance that— 

24 (A) all laborers and mechanics employed 

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1 struction, alteration, or repair that is financed, 

2 in whole or in part, by a grant under this sec3 tion shall be paid wages at rates not less than 

4 those prevailing on similar construction in the 

5 locality, as determined by the Secretary of 

6 Labor in accordance with sections 3141–3144, 

7 3146, and 3147 of title 40, United States Code; 

8 and 

9 (B) the Secretary of Labor shall, with re10 spect to the labor standards described in this 

11 paragraph, have the authority and functions set 

12 forth in Reorganization Plan Numbered 14 of 

13 1950 (5 U.S.C. App.) and section 3145 of title 

14 40, United States Code. 

15 (4) NON-FEDERAL SHARE.—Each eligible appli16 cant that receives a grant under this subsection shall 

17 contribute to the total cost of the renewable energy 

18 project constructed by the eligible applicant an 

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

20 the project. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Fund such sums 

23 as are necessary to carry out this section. 


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1 Subtitle B—Expediting New 

2 Energy Efficiency Standards 

3 SEC. 221. DEFINITION OF ENERGY CONSERVATION STAND4 ARD. 

5 Section 321 of the Energy Policy and Conservation 

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

7 (6) and inserting the following: 

8 ‘‘(6) ENERGY CONSERVATION STANDARD.— 

9 ‘‘(A) IN GENERAL.—The term ‘energy con10 servation standard’ means 1 or more perform11 ance standards that prescribe a minimum level 

12 of energy efficiency or a maximum quantity of 

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

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

15 dishwasher, water use, for a covered product, 

16 determined in accordance with test procedures 

17 prescribed under section 323. 

18 ‘‘(B) INCLUSIONS.—The term ‘energy con19 servation standard’ includes— 

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

21 part of a consensus agreement under sec22 tion 325(hh); and 

23 ‘‘(ii) any other requirements that the 

24 Secretary may prescribe under subsections 

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


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1 ‘‘(C) EXCLUSION.—The term ‘energy con2 servation standard’ does not include a perform3 ance standard for a component of a finished 

4 covered product.’’. 

5 SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEAT6 ING AND COOLING PRODUCTS. 

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

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

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

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

11 (2) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) REGIONAL EFFICIENCY STANDARDS FOR HEAT14 ING AND COOLING PRODUCTS.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) DETERMINATION.—The Secretary 

17 may determine, after notice and comment, that 

18 more stringent Federal energy conservation 

19 standards are appropriate for furnaces, boilers, 

20 or central air conditioning equipment than ap21 plicable Federal energy conservation standards. 

22 ‘‘(B) FINDING.—The Secretary may deter23 mine that more stringent standards are appro24 priate for up to 2 different regions only after 

25 finding that the regional standards— 


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1 ‘‘(i) would contribute to energy sav2 ings that are substantially greater than 

3 that of a single national energy standard; 

4 and 

5 ‘‘(ii) are economically justified. 

6 ‘‘(C) REGIONS.—On making a determina7 tion described in subparagraph (B), the Sec8 retary shall establish the regions so that the 

9 more stringent standards would achieve the 

10 maximum level of energy savings that is techno11 logically feasible and economically justified. 

12 ‘‘(D) FACTORS.—In determining the ap13 propriateness of 1 or more regional standards 

14 for furnaces, boilers, and central and commer15 cial air conditioning equipment, the Secretary 

16 shall consider all of the factors described in 

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

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

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

20 may petition the Secretary requesting a rule that a 

21 State regulation that establishes a standard for fur22 naces, boilers, or central air conditioners become ef23 fective at a level determined by the Secretary to be 

24 appropriate for the region that includes the State. 


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

2 (7), the Secretary may issue the rule during the pe3 riod described in paragraph (4) and after consider4 ation of the petition and the comments of interested 

5 persons. 

6 ‘‘(4) PROCEDURE.— 

7 ‘‘(A) NOTICE.—The Secretary shall pro8 vide notice of any petition filed under para9 graph (2) and afford interested persons a rea10 sonable opportunity to make written comments, 

11 including rebuttal comments, on the petition. 

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

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

14 beginning on the date on which the petition is 

15 filed, the Secretary shall issue the requested 

16 rule or deny the petition. 

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

18 publish in the Federal Register a notice— 

19 ‘‘(i) extending the period to a speci20 fied date, but not longer than 1 year after 

21 the date on which the petition is filed; and 

22 ‘‘(ii) describing the reasons for the 

23 delay. 

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

25 petition under this subsection, the Secretary 


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1 shall publish in the Federal Register notice of, 

2 and the reasons for, the denial. 

3 ‘‘(5) FINDING OF SIGNIFICANT BURDEN ON

4 MANUFACTURING, MARKETING, DISTRIBUTION, SALE, 

5 OR SERVICING OF COVERED PRODUCT ON NATIONAL

6 BASIS.— 

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

8 not issue a rule under this subsection if the 

9 Secretary finds (and publishes the finding) that 

10 interested persons have established, by a pre11 ponderance of the evidence, that the State regu12 lation will significantly burden manufacturing, 

13 marketing, distribution, sale, or servicing of a 

14 covered product on a national basis. 

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

16 to make a finding described in subparagraph 

17 (A), the Secretary shall evaluate all relevant 

18 factors, including— 

19 ‘‘(i) the extent to which the State reg20 ulation will increase manufacturing or dis21 tribution costs of manufacturers, distribu22 tors, and others; 

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

24 regulation will disadvantage smaller manu25 facturers, distributors, or dealers or lessen 


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1 competition in the sale of the covered prod2 uct in the State; and 

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

4 regulation would cause a burden to manu5 facturers to redesign and produce the cov6 ered product type (or class), taking into 

7 consideration the extent to which the regu8 lation would result in a reduction— 

9 ‘‘(I) in the current models, or in 

10 the projected availability of models, 

11 that could be shipped on the effective 

12 date of the regulation to the State 

13 and within the United States; or 

14 ‘‘(II) in the current or projected 

15 sales volume of the covered product 

16 type (or class) in the State and the 

17 United States. 

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

19 become effective under this subsection with respect 

20 to any covered product manufactured before the date 

21 specified in the determination made by the Secretary 

22 under paragraph (1). 

23 ‘‘(7) PETITION TO WITHDRAW FEDERAL RULE

24 FOLLOWING AMENDMENT OF FEDERAL STAND25 ARD.— 


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

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

3 covered product and subsequently a Federal en4 ergy conservation standard concerning the prod5 uct is amended pursuant to section 325, any 

6 person subject to the State regulation may file 

7 a petition with the Secretary requesting the 

8 Secretary to withdraw the rule issued under 

9 paragraph (3) with respect to the product in 

10 the State. 

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

12 shall consider the petition in accordance with 

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

14 petitioner to show by a preponderance of the 

15 evidence that the rule received by the State 

16 under paragraph (3) should be withdrawn as a 

17 result of the amendment to the Federal stand18 ard. 

19 ‘‘(C) WITHDRAWAL.—If the Secretary de20 termines that the petitioner has shown that the 

21 rule issued by the Secretary under paragraph 

22 (3) should be withdrawn in accordance with 

23 subparagraph (B), the Secretary shall withdraw 

24 the rule.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 327 of the Energy Policy and Con2 servation Act (42 U.S.C. 6297) is amended— 

3 (A) in subsection (b)— 

4 (i) in paragraph (2), by striking ‘‘sub5 section (e)’’ and inserting ‘‘subsection (f)’’; 

6 and 

7 (ii) in paragraph (3)— 

8 (I) by striking ‘‘subsection 

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

10 (g)(1)’’; and 

11 (II) by striking ‘‘subsection 

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

13 (g)(2)’’; and 

14 (B) in subsection (c)(3), by striking ‘‘sub15 section (f)(3)’’ and inserting ‘‘subsection 

16 (g)(3)’’. 

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

18 Conservation Act (42 U.S.C. 6316(b)(2)) is amend19 ed by adding at the end the following: 

20 ‘‘(E) RELATIONSHIP TO CERTAIN STATE

21 REGULATIONS.—Notwithstanding subparagraph 

22 (A), a standard prescribed or established under 

23 section 342(a) with respect to the equipment 

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

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


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1 a State regulation that is effective under the 

2 terms, conditions, criteria, procedures, and 

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

4 SEC. 223. FURNACE FAN RULEMAKING. 

5 Section 325(f)(3) of the Energy Policy and Conserva6 tion Act (42 U.S.C. 6295(f)(3)) is amended by adding at 

7 the end the following: 

8 ‘‘(E) FINAL RULE.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall publish a final rule to carry out this 

11 subsection not later than December 31, 

12 2014. 

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

14 meet the criteria established under sub15 section (o).’’. 

16 SEC. 224. EXPEDITED RULEMAKINGS. 

17 Section 325 of the Energy Policy and Conservation 

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

19 the following: 

20 ‘‘(hh) EXPEDITED RULEMAKING FOR CONSENSUS

21 STANDARDS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall con23 duct an expedited rulemaking based on an energy 

24 conservation standard or test procedure rec25 ommended by interested persons, if— 


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1 ‘‘(A) the interested persons (demonstrating 

2 significant and broad support from manufactur3 ers of a covered product, States, utilities, and 

4 environmental, energy efficiency, and consumer 

5 advocates) submit a joint comment or petition 

6 recommending a consensus energy conservation 

7 standard or test procedure; and 

8 ‘‘(B) the Secretary determines that the 

9 joint comment or petition includes evidence that 

10 (assuming no other evidence were considered) 

11 provides an adequate basis for determining that 

12 the proposed consensus energy conservation 

13 standard or test procedure proposed in the joint 

14 comment or petition complies with the provi15 sions and criteria of this Act (including sub16 section (o)) that apply to the type or class of 

17 covered products covered by the joint comment 

18 or petition. 

19 ‘‘(2) PROCEDURE.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding sub21 section (p) or section 336(a), if the Secretary 

22 receives a joint comment or petition that meets 

23 the criteria described in paragraph (1), the Sec24 retary shall conduct an expedited rulemaking 

25 with respect to the standard or test procedure 


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1 proposed in the joint comment or petition in ac2 cordance with this paragraph. 

3 ‘‘(B) ADVANCED NOTICE OF PROPOSED

4 RULEMAKING.—If no advanced notice of pro5 posed rulemaking has been issued under sub6 section (p)(1) with respect to the rulemaking 

7 covered by the joint comment or petition, the 

8 requirements of subsection (p) with respect to 

9 the issuance of an advanced notice of proposed 

10 rulemaking shall not apply. 

11 ‘‘(C) PUBLICATION OF DETERMINATION.— 

12 Not later than 60 days after receipt of a joint 

13 comment or petition described in paragraph 

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

15 of a determination as to whether the proposed 

16 standard or test procedure covered by the joint 

17 comment or petition meets the criteria de18 scribed in paragraph (1). 

19 ‘‘(D) PROPOSED RULE.— 

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

21 determines that the proposed consensus 

22 standard or test procedure covered by the 

23 joint comment or petition meets the cri24 teria described in paragraph (1), not later 

25 than 30 days after the determination, the 


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1 Secretary shall publish a proposed rule 

2 proposing the consensus standard or test 

3 procedure covered by the joint comment or 

4 petition. 

5 ‘‘(ii) PUBLIC COMMENT PERIOD.— 

6 Notwithstanding paragraphs (2) and (3) of 

7 subsection (p), the public comment period 

8 for the proposed rule shall be the 30–day 

9 period beginning on the date of the publi10 cation of the proposed rule in the Federal 

11 Register. 

12 ‘‘(iii) PUBLIC HEARING.—Notwith13 standing section 336(a), the Secretary may 

14 waive the holding of a public hearing with 

15 respect to the proposed rule. 

16 ‘‘(E) FINAL RULE.—Notwithstanding sub17 section (p)(4), the Secretary— 

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

19 time after the 60-day period beginning on 

20 the date of publication of the proposed rule 

21 in the Federal Register; and 

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

23 later than 120 days after the date of publi24 cation of the proposed rule in the Federal 

25 Register.’’. 


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1 SEC. 225. PERIODIC REVIEWS. 

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

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

4 6293(b)(1)) is amended by striking ‘‘(1)’’ and all that fol5 lows through the end of the paragraph and inserting the 

6 following: 

7 ‘‘(1) TEST PROCEDURES.— 

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

9 years, the Secretary shall review test procedures 

10 for all covered products and— 

11 ‘‘(i) amend test procedures with re12 spect to any covered product, if the Sec13 retary determines that amended test proce14 dures would more accurately or fully com15 ply with the requirements of paragraph 

16 (3); or 

17 ‘‘(ii) publish notice in the Federal 

18 Register of any determination not to 

19 amend a test procedure.’’. 

20 (b) ENERGY CONSERVATION STANDARDS.—Section 

21 325 of the Energy Policy and Conservation Act (42 U.S.C. 

22 6295) is amended by striking subsection (m) and inserting 

23 the following: 

24 ‘‘(m) FURTHER RULEMAKING.— 

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

26 final rules required for a product under this part, 


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

2 date of issuance of a final rule establishing or 

3 amending a standard or determining not to amend 

4 a standard, publish a final rule to determine whether 

5 standards for the product should be amended based 

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

7 ‘‘(2) ANALYSIS.—Prior to publication of the de8 termination, the Secretary shall publish a notice of 

9 availability describing the analysis of the Depart10 ment and provide opportunity for written comment. 

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

12 after a positive determination under paragraph (1), 

13 the Secretary shall publish a final rule amending the 

14 standard for the product. 

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

16 amendment prescribed under this subsection shall 

17 apply to a product manufactured after a date that 

18 is 5 years after— 

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

20 amendment made pursuant to this part; or 

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

22 under this part did not amend the standard, the 

23 earliest date by which a previous amendment 

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

25 may an amended standard apply to products 


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1 manufactured within 3 years after publication 

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

3 (c) STANDARDS.—Section 342(a) of the Energy Pol4 icy and Conservation Act (42 U.S.C. 6313(a)) is amended 

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

6 ‘‘(6) AMENDED ENERGY EFFICIENCY STAND7 ARDS.— 

8 ‘‘(A) ANALYSIS OF POTENTIAL ENERGY

9 SAVINGS.—If ASHRAE/IES Standard 90.1 is 

10 amended with respect to any small commercial 

11 package air conditioning and heating equip12 ment, large commercial package air condi13 tioning and heating equipment, packaged ter14 minal central and commercial air conditioners, 

15 packaged terminal heat pumps, warm-air fur16 naces, packaged boilers, storage water heaters, 

17 instantaneous water heaters, or unfired hot 

18 water storage tanks, not later than 180 days 

19 after the amendment of the standard, the Sec20 retary shall publish in the Federal Register for 

21 public comment an analysis of the energy sav22 ings potential of amended energy efficiency 

23 standards. 

24 ‘‘(B) AMENDED UNIFORM NATIONAL

25 STANDARD FOR PRODUCTS.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), not later than 18 

3 months after the date of publication of the 

4 amendment to the ASHRAE/IES Standard 

5 90.1 for a product described in subpara6 graph (A), the Secretary shall establish an 

7 amended uniform national standard for the 

8 product at the minimum level for the appli9 cable effective date specified in the amend10 ed ASHRAE/IES Standard 90.1. 

11 ‘‘(ii) MORE STRINGENT STANDARD.— 

12 Clause (i) shall not apply if the Secretary 

13 determines, by rule published in the Fed14 eral Register, and supported by clear and 

15 convincing evidence, that adoption of a 

16 uniform national standard more stringent 

17 than the amended ASHRAE/IES Standard 

18 90.1 for the product would result in sig19 nificant additional conservation of energy 

20 and is technologically feasible and economi21 cally justified. 

22 ‘‘(C) RULE.—If the Secretary makes a de23 termination described in subparagraph (B)(ii) 

24 for a product described in subparagraph (A), 

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1 lication of the amendment to the ASHRAE/IES 

2 Standard 90.1 for the product, the Secretary 

3 shall issue the rule establishing the amended 

4 standard. 

5 ‘‘(D) AMENDMENT OF STANDARDS.— 

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

7 the most recent final rule for a product 

8 under this subsection, not later than 5 

9 years after the date of issuance of a final 

10 rule establishing or amending a standard 

11 or determining not to amend a standard, 

12 the Secretary shall publish a final rule to 

13 determine whether standards for the prod14 uct should be amended based on the cri15 teria described in subparagraph (A). 

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

17 of the determination, the Secretary shall 

18 publish a notice of availability describing 

19 the analysis of the Department and pro20 vide opportunity for written comment. 

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

22 years after a positive determination under 

23 clause (i), the Secretary shall publish a 

24 final rule amending the standard for the 

25 product.’’. 


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1 (d) TEST PROCEDURES.—Section 343(a) of the En2 ergy Policy and Conservation Act (42 U.S.C. 6313(a)) is 

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

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

5 ‘‘(a) PRESCRIPTION BY SECRETARY; REQUIRE6 MENTS.— 

7 ‘‘(1) TEST PROCEDURES.— 

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

9 years, the Secretary shall conduct an evaluation 

10 of each class of covered equipment and— 

11 ‘‘(i) if the Secretary determines that 

12 amended test procedures would more accu13 rately or fully comply with the require14 ments of paragraphs (2) and (3), shall pre15 scribe test procedures for the class in ac16 cordance with this section; or 

17 ‘‘(ii) shall publish notice in the Fed18 eral Register of any determination not to 

19 amend a test procedure.’’. 

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

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

22 SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER 

23 PRODUCTS. 

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

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


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1 after test procedures have been developed for a consumer 

2 electronics product category described in subsection (b), 

3 whichever is later, the Federal Trade Commission, in con4 sultation with the Secretary and the Administrator of the 

5 Environmental Protection Agency shall promulgate regu6 lations, in accordance with the Energy Star program and 

7 in a manner that minimizes, to the maximum extent prac8 ticable, duplication with respect to the requirements of 

9 that program and other national and international energy 

10 labeling programs, to add the consumer electronics prod11 uct categories described in subsection (b) to the Energy 

12 Guide labeling program of the Commission. 

13 (b) CONSUMER ELECTRONICS PRODUCT CAT14 EGORIES.—The consumer electronics product categories 

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

16 (1) Televisions. 

17 (2) Personal computers. 

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

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

20 (5) Computer monitors. 

21 (c) LABEL PLACEMENT.—The regulations shall in22 clude specific requirements for each product on the place23 ment of Energy Guide labels. 

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

25 year after the date of promulgation of regulations under 


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1 subsection (a), the Commission shall require labeling elec2 tronic products described in subsection (b) in accordance 

3 with this section (including the regulations). 

4 (e) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT

5 CATEGORIES.—The Commission may add additional prod6 uct categories to the Energy Guide labeling program if 

7 the product categories include products, as determined by 

8 the Commission— 

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

10 100 kilowatt hours per year; and 

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

12 energy use between the most and least efficient 

13 products. 

14 SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS. 

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

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

17 (1) by redesignating paragraph (3) as para18 graph (4); and 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) BOILERS.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), boilers manufactured on or 

24 after September 1, 2012, shall meet the fol25 lowing requirements: 


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Boiler Type 

Minimum 

Annual Fuel 

Utilization 

Efficiency 

Design Requirements 

Gas Hot Water 82% No Constant Burning Pilot, 

Automatic Means for Adjusting Water Temperature 

Gas Steam 80% No Constant Burning Pilot 

Oil Hot Water 84% Automatic Means for 

Adjusting Temperature 

Oil Steam 82% None 

Electric Hot Water None Automatic Means for 

Adjusting Temperature 

Electric Steam None None 

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

2 equip gas hot water or steam boilers with con3 stant-burning pilot lights. 

4 ‘‘(C) AUTOMATIC MEANS FOR ADJUSTING

5 WATER TEMPERATURE.— 

6 ‘‘(i) IN GENERAL.—The manufacturer 

7 shall equip each gas, oil, and electric hot 

8 water boiler (other than a boiler equipped 

9 with tankless domestic water heating coils) 

10 with an automatic means for adjusting the 

11 temperature of the water supplied by the 

12 boiler to ensure that an incremental 

13 change in inferred heat load produces a 

14 corresponding incremental change in the 

15 temperature of water supplied. 

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

17 that fires at 1 input rate, the requirements 


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1 of this subparagraph may be satisfied by 

2 providing an automatic means that allows 

3 the burner or heating element to fire only 

4 when the means has determined that the 

5 inferred heat load cannot be met by the re6 sidual heat of the water in the system. 

7 ‘‘(iii) NO INFERRED HEAT LOAD.— 

8 When there is no inferred heat load with 

9 respect to a hot water boiler, the automatic 

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

11 shall limit the temperature of the water in 

12 the boiler to not more than 140 degrees 

13 Fahrenheit. 

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

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

16 when the automatic means described in 

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

18 SEC. 228. TECHNICAL CORRECTIONS. 

19 (a) DEFINITION OF FLUORESCENT LAMP.—Section 

20 321(30)(B)(viii) of the Energy Policy and Conservation 

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

22 ‘‘82’’ and inserting ‘‘87’’. 

23 (b) STANDARDS FOR COMMERCIAL PACKAGE AIR

24 CONDITIONING AND HEATING EQUIPMENT.—Section 

25 342(a)(1) of the Energy Policy and Conservation Act (42 


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

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

3 2010,’’. 

4 (c) MERCURY VAPOR LAMP BALLASTS.— 

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

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

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

8 (A) in paragraph (46)(A)— 

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

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

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

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

13 (B) in paragraph (47)(A), by striking ‘‘op14 erating at a partial’’ and inserting ‘‘typically 

15 operating at a partial vapor’’; 

16 (C) in paragraph (48), by inserting ‘‘in17 tended for general illumination’’ after ‘‘lamps’’; 

18 and 

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

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

21 vapor lamp ballast’ means a mercury vapor lamp 

22 ballast that— 

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

24 use, optical comparators, quality inspection, in25 dustrial processing, or scientific use, including 


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1 fluorescent microscopy, ultraviolet curing, and 

2 the manufacture of microchips, liquid crystal 

3 displays, and printed circuit boards; and 

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

5 mercury vapor lamp ballast, is labeled as a spe6 cialty application mercury vapor lamp ballast.’’. 

7 (2) STANDARD SETTING AUTHORITY.—Section 

8 325(ee) of the Energy Policy and Conservation Act 

9 (42 U.S.C. 6295(ee)) is amended by inserting 

10 ‘‘(other than specialty application mercury vapor 

11 lamp ballasts)’’ after ‘‘ballasts’’. 

12 SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS. 

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

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

15 amended by striking subparagraph (A) and inserting the 

16 following: 

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

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

19 subtype I; and 

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

21 subtype II. 

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

23 motor—subtype I’ means any motor that is consid24 ered a general purpose motor under section 431.12 


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1 of title 10, Code of Federal Regulations (or suc2 cessor regulations). 

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

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

5 to the design elements for a general purpose electric 

6 motor—subtype I, incorporates the design elements 

7 (as established in National Electrical Manufacturers 

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

9 ‘‘(I) A U–Frame Motor. 

10 ‘‘(II) A Design C Motor. 

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

12 ‘‘(IV) A footless motor. 

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

14 (tested in a horizontal configuration). 

15 ‘‘(VI) An 8-pole motor. 

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

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

18 volts).’’. 

19 (b) STANDARDS.—Section 342(b) of the Energy Pol20 icy and Conservation Act (42 U.S.C. 6313(13)) is amend21 ed by striking paragraph (1) and inserting the following: 

22 ‘‘(1) STANDARDS.— 

23 ‘‘(A) GENERAL PURPOSE ELECTRIC MO24 TORS—SUBTYPE I.— 


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1 ‘‘(i) IN GENERAL.—Except as other2 wise provided in this subparagraph, a gen3 eral purpose electric motor—subtype I 

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

5 not more than 200, horsepower manufac6 tured (alone or as a component of another 

7 piece of equipment) after the 3-year period 

8 beginning on the date of enactment of this 

9 subparagraph, shall have a nominal full 

10 load efficiency established in Table 12–12 

11 of National Electrical Manufacturers Asso12 ciation (referred to in this paragraph as 

13 ‘NEMA’) MG–1 (2006). 

14 ‘‘(ii) FIRE PUMP MOTORS.—A fire 

15 pump motor shall have a nominal full load 

16 efficiency established in Table 12–11 of 

17 NEMA MG–1 (2006). 

18 ‘‘(B) GENERAL PURPOSE ELECTRIC MO19 TORS—SUBTYPE II.—A general purpose electric 

20 motor—subtype II with a power rating of not 

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

22 manufactured (alone or as a component of an23 other piece of equipment) after the 3-year pe24 riod beginning on the date of enactment of this 

25 subparagraph, shall have a nominal full load efVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 ficiency established in Table 12–11 of NEMA 

2 MG–1 (2006). 

3 ‘‘(C) DESIGN B, GENERAL PURPOSE ELEC4 TRIC MOTORS.—A NEMA Design B, general 

5 purpose electric motor with a power rating of 

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

7 horsepower manufactured (alone or as a compo8 nent of another piece of equipment) after the 3- 

9 year period beginning on the date of the enact10 ment of this subparagraph shall have a nominal 

11 full load efficiency established in Table 12–11 

12 of NEMA MG–1 (2006).’’. 

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

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

15 the date of enactment of this Act. 

16 SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES. 

17 (a) DEFINITION OF ENERGY CONSERVATION STAND18 ARD.—Section 321(6)(A) of the Energy Policy and Con19 servation Act (42 U.S.C. 6291(6)(A)) is amended by strik20 ing ‘‘or, in the case of’’ and inserting ‘‘and, in the case 

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

22 (b) REFRIGERATORS, REFRIGERATOR-FREEZERS, 

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

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

25 adding at the end the following: 


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1 ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ2 ERS, AND FREEZERS MANUFACTURED ON OR AFTER

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

4 2010, the Secretary shall publish a final rule deter5 mining whether to amend the standards in effect for 

6 refrigerators, refrigerator-freezers, and freezers 

7 manufactured on or after January 1, 2014, and in8 cluding any amended standards.’’. 

9 (c) RESIDENTIAL CLOTHES WASHERS AND DISH10 WASHERS.—Section 325(g)(4) of the Energy Policy and 

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

12 adding at the end the following: 

13 ‘‘(D) CLOTHES WASHERS.— 

14 ‘‘(i) CLOTHES WASHERS MANUFAC15 TURED ON OR AFTER JANUARY 1, 2011.— 

16 A residential clothes washer manufactured 

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

18 ‘‘(I) a modified energy factor of 

19 at least 1.26; and 

20 ‘‘(II) a water factor of not more 

21 than 9.5. 

22 ‘‘(ii) CLOTHES WASHERS MANUFAC23 TURED ON OR AFTER JANUARY 1, 2012.— 

24 Not later than January 1, 2012, the Sec25 retary shall publish a final rule deterVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 mining whether to amend the standards in 

2 effect for residential clothes washers manu3 factured on or after January 1, 2012, and 

4 including any amended standards. 

5 ‘‘(E) DISHWASHERS.— 

6 ‘‘(i) DISHWASHERS MANUFACTURED

7 ON OR AFTER JANUARY 1, 2010.—A dish8 washer manufactured on or after January 

9 1, 2010, shall use not more than— 

10 ‘‘(I) in the case of a standard11 size dishwasher, 355 kWh per year or 

12 6.5 gallons of water per cycle; and 

13 ‘‘(II) in the case of a compact14 size dishwasher, 260 kWh per year or 

15 4.5 gallons of water per cycle. 

16 ‘‘(ii) DISHWASHERS MANUFACTURED

17 ON OR AFTER JANUARY 1, 2018.—Not later 

18 than January 1, 2015, the Secretary shall 

19 publish a final rule determining whether to 

20 amend the standards for dishwashers man21 ufactured on or after January 1, 2018, 

22 and including any amended standards.’’. 

23 (d) DEHUMIDIFIERS.—Section 325(cc) of the Energy 

24 Policy and Conservation Act (42 U.S.C. 6295(cc)) is 

25 amended— 


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1 (1) in paragraph (1), by inserting ‘‘and before 

2 October 1, 2012,’’ after ‘‘2007,’’; and 

3 (2) by striking paragraph (2) and inserting the 

4 following: 

5 ‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR

6 AFTER OCTOBER 1, 2012.—Dehumidifiers manufac7 tured on or after October 1, 2012, shall have an En8 ergy Factor that meets or exceeds the following val9 ues: 

Product Capacity (pints/day): Minimum Energy Factor 

liters/kWh 

Up to 35.00 ..................................................................................... 1.35

35.01–45.00 .................................................................................... 1.50

45.01–54.00 .................................................................................... 1.60

54.01–75.00 .................................................................................... 1.70

Greater than 75.00 ......................................................................... 2.5.’’ 

10 (e) ENERGY STAR PROGRAM.—Section 324A(d)(2) of 

11 the Energy Policy and Conservation Act (42 U.S.C. 

12 6294a(d)(2)) is amended by striking ‘‘2010’’ and inserting 

13 ‘‘2009’’. 

14 SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLI15 ANCES AND BUILDINGS IN COLD CLIMATES. 

16 (a) RESEARCH.—Section 911(a)(2) of the Energy 

17 Policy Act of 2005 (42 U.S.C. 16191(a)(2)) is amended— 

18 (1) in subparagraph (C), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (D), by striking the period 

21 at the end and inserting ‘‘; and’’; and 


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

2 ‘‘(E) technologies to improve the energy ef3 ficiency of appliances and mechanical systems 

4 for buildings in cold climates, including com5 bined heat and power units and increased use 

6 of renewable resources, including fuel.’’. 

7 (b) REBATES.—Section 124 of the Energy Policy Act 

8 of 2005 (42 U.S.C. 15821) is amended— 

9 (1) in subsection (b)(1), by inserting ‘‘, or prod10 ucts with improved energy efficiency in cold cli11 mates,’’ after ‘‘residential Energy Star products’’; 

12 and 

13 (2) in subsection (e), by inserting ‘‘or product 

14 with improved energy efficiency in a cold climate’’ 

15 after ‘‘residential Energy Star product’’ each place 

16 it appears. 

17 SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR 

18 HIGH-EFFICIENCY CONSUMER PRODUCTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ENERGY SAVINGS.—The term ‘‘energy sav21 ings’’ means megawatt-hours of electricity or million 

22 British thermal units of natural gas saved by a 

23 product, in comparison to projected energy consump24 tion under the energy efficiency standard applicable 

25 to the product. 


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1 (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— 

2 The term ‘‘high-efficiency consumer product’’ means 

3 a product that exceeds the energy efficiency of com4 parable products available in the market by a per5 centage determined by the Secretary to be an appro6 priate benchmark for the consumer product category 

7 competing for an award under this section. 

8 (b) FINANCIAL INCENTIVES PROGRAM.—Effective 

9 beginning October 1, 2007, the Secretary shall competi10 tively award financial incentives under this section for the 

11 manufacture of high-efficiency consumer products. 

12 (c) REQUIREMENTS.— 

13 (1) IN GENERAL.—The Secretary shall make 

14 awards under this section to manufacturers of high15 efficiency consumer products, based on the bid of 

16 each manufacturer in terms of dollars per megawatt17 hour or million British thermal units saved. 

18 (2) ACCEPTANCE OF BIDS.—In making awards 

19 under this section, the Secretary shall— 

20 (A) solicit bids for reverse auction from 

21 appropriate manufacturers, as determined by 

22 the Secretary; and 

23 (B) award financial incentives to the man24 ufacturers that submit the lowest bids that 


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1 meet the requirements established by the Sec2 retary. 

3 (d) FORMS OF AWARDS.—An award for a high-effi4 ciency consumer product under this section shall be in the 

5 form of a lump sum payment in an amount equal to the 

6 product obtained by multiplying— 

7 (1) the amount of the bid by the manufacturer 

8 of the high-efficiency consumer product; and 

9 (2) the energy savings during the projected use10 ful life of the high-efficiency consumer product, not 

11 to exceed 10 years, as determined under regulations 

12 issued by the Secretary. 

13 SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELIGIBLE ENTITY.—The term eligible entity 

16 means— 

17 (A) an institution of higher education 

18 under contract or in partnership with a non19 profit or for-profit private entity acting on be20 half of an industrial or commercial sector or 

21 subsector; 

22 (B) a nonprofit or for-profit private entity 

23 acting on behalf on an industrial or commercial 

24 sector or subsector; or 


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1 (C) a consortia of entities acting on behalf 

2 of an industrial or commercial sector or sub3 sector. 

4 (2) ENERGY-INTENSIVE COMMERCIAL APPLICA5 TIONS.—The term ‘‘energy-intensive commercial ap6 plications’’ means processes and facilities that use 

7 significant quantities of energy as part of the pri8 mary economic activities of the processes and facili9 ties, including— 

10 (A) information technology data centers; 

11 (B) product manufacturing; and 

12 (C) food processing. 

13 (3) FEEDSTOCK.—The term ‘‘feedstock’’ means 

14 the raw material supplied for use in manufacturing, 

15 chemical, and biological processes. 

16 (4) MATERIALS MANUFACTURERS.—The term 

17 ‘‘materials manufacturers’’ means the energy-inten18 sive primary manufacturing industries, including the 

19 aluminum, chemicals, forest and paper products, 

20 glass, metal casting, and steel industries. 

21 (5) PARTNERSHIP.—The term ‘‘partnership’’ 

22 means an energy efficiency and utilization partner23 ship established under subsection (c)(1)(A). 


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1 (6) PROGRAM.—The term ‘‘program’’ means 

2 the industrial efficiency program established under 

3 subsection (b). 

4 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

5 shall establish a program under which the Secretary, in 

6 cooperation with materials manufacturers, companies en7 gaged in energy-intensive commercial applications, and 

8 national industry trade associations representing the man9 ufactures and companies, shall support, develop, and pro10 mote the use of new materials manufacturing and indus11 trial and commercial processes, technologies, and tech12 niques to optimize energy efficiency and the economic 

13 competitiveness of the United States. 

14 (c) PARTNERSHIPS.— 

15 (1) IN GENERAL.—As part of the program, the 

16 Secretary shall— 

17 (A) establish energy efficiency and utiliza18 tion partnerships between the Secretary and eli19 gible entities to conduct research on, develop, 

20 and demonstrate new processes, technologies, 

21 and operating practices and techniques to sig22 nificantly improve energy efficiency and utiliza23 tion by materials manufacturers and in energy24 intensive commercial applications, including the 

25 conduct of activities to— 


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1 (i) increase the energy efficiency of in2 dustrial and commercial processes and fa3 cilities in energy-intensive commercial ap4 plication sectors; 

5 (ii) research, develop, and dem6 onstrate advanced technologies capable of 

7 energy intensity reductions and increased 

8 environmental performance in energy-in9 tensive commercial application sectors; and 

10 (iii) promote the use of the processes, 

11 technologies, and techniques described in 

12 clauses (i) and (ii); and 

13 (B) pay the Federal share of the cost of 

14 any eligible partnership activities for which a 

15 proposal has been submitted and approved in 

16 accordance with paragraph (3)(B). 

17 (2) ELIGIBLE ACTIVITIES.—Partnership activi18 ties eligible for financial assistance under this sub19 section include— 

20 (A) feedstock and recycling research, devel21 opment, and demonstration activities to identify 

22 and promote— 

23 (i) opportunities for meeting manufac24 turing feedstock requirements with more 


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1 energy efficient and flexible sources of 

2 feedstock or energy supply; 

3 (ii) strategies to develop and deploy 

4 technologies that improve the quality and 

5 quantity of feedstocks recovered from proc6 ess and waste streams; and 

7 (iii) other methods using recycling, 

8 reuse, and improved industrial materials; 

9 (B) industrial and commercial energy effi10 ciency and sustainability assessments to— 

11 (i) assist individual industrial and 

12 commercial sectors in developing tools, 

13 techniques, and methodologies to assess— 

14 (I) the unique processes and fa15 cilities of the sectors; 

16 (II) the energy utilization re17 quirements of the sectors; and 

18 (III) the application of new, more 

19 energy efficient technologies; and 

20 (ii) conduct energy savings assess21 ments; 

22 (C) the incorporation of technologies and 

23 innovations that would significantly improve the 

24 energy efficiency and utilization of energy-inten25 sive commercial applications; and 


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1 (D) any other activities that the Secretary 

2 determines to be appropriate. 

3 (3) PROPOSALS.— 

4 (A) IN GENERAL.—To be eligible for finan5 cial assistance under this subsection, a partner6 ship shall submit to the Secretary a proposal 

7 that describes the proposed research, develop8 ment, or demonstration activity to be conducted 

9 by the partnership. 

10 (B) REVIEW.—After reviewing the sci11 entific, technical, and commercial merit of a 

12 proposals submitted under subparagraph (A), 

13 the Secretary shall approve or disapprove the 

14 proposal. 

15 (C) COMPETITIVE AWARDS.—The provision 

16 of financial assistance under this subsection 

17 shall be on a competitive basis. 

18 (4) COST-SHARING REQUIREMENT.—In carrying 

19 out this section, the Secretary shall require cost 

20 sharing in accordance with section 988 of the En21 ergy Policy Act of 2005 (42 U.S.C. 16352). 

22 (d) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to the Secretary to carry out this sec25 tion— 


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1 (A) $184,000,000 for fiscal year 2008; 

2 (B) $190,000,000 for fiscal year 2009; 

3 (C) $196,000,000 for fiscal year 2010; 

4 (D) $202,000,000 for fiscal year 2011; 

5 (E) $208,000,000 for fiscal year 2012; and 

6 (F) such sums as are necessary for fiscal 

7 year 2013 and each fiscal year thereafter. 

8 (2) PARTNERSHIP ACTIVITIES.—Of the 

9 amounts made available under paragraph (1), not 

10 less than 50 percent shall be used to pay the Fed11 eral share of partnership activities under subsection 

12 (c). 

13 Subtitle C—Promoting High Effi14 ciency Vehicles, Advanced Bat15 teries, and Energy Storage 

16 SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DE17 VELOPMENT. 

18 (a) IN GENERAL.—As soon as practicable after the 

19 date of enactment of this Act, the Secretary shall establish 

20 a research and development program to determine ways 

21 in which— 

22 (1) the weight of vehicles may be reduced to im23 prove fuel efficiency without compromising pas24 senger safety; and 


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1 (2) the cost of lightweight materials (such as 

2 steel alloys, fiberglass, and carbon composites) re3 quired for the construction of lighter-weight vehicles 

4 may be reduced. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $60,000,000 for each of fiscal years 2007 through 2012. 

8 SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTO9 MOBILE PARTS MANUFACTURERS. 

10 (a) IN GENERAL.—Section 712(a) of the Energy Pol11 icy Act of 2005 (42 U.S.C. 16062(a)) is amended in the 

12 second sentence by striking ‘‘grants to automobile manu13 facturers’’ and inserting ‘‘grants and loan guarantees 

14 under section 1703 to automobile manufacturers and sup15 pliers’’. 

16 (b) CONFORMING AMENDMENT.—Section 1703(b) of 

17 the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 

18 amended by striking paragraph (8) and inserting the fol19 lowing: 

20 ‘‘(8) Production facilities for the manufacture 

21 of fuel efficient vehicles or parts of those vehicles, 

22 including electric drive transportation technology 

23 and advanced diesel vehicles.’’. 


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1 SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFAC2 TURING INCENTIVE PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADJUSTED AVERAGE FUEL ECONOMY.—The 

5 term ‘‘adjusted average fuel economy’’ means the av6 erage fuel economy of a manufacturer for all light 

7 duty vehicles produced by the manufacturer, ad8 justed such that the fuel economy of each vehicle 

9 that qualifies for an award shall be considered to be 

10 equal to the average fuel economy for vehicles of a 

11 similar footprint for model year 2005. 

12 (2) ADVANCED TECHNOLOGY VEHICLE.—The 

13 term ‘‘advanced technology vehicle’’ means a light 

14 duty vehicle that meets— 

15 (A) the Bin 5 Tier II emission standard 

16 established in regulations issued by the Admin17 istrator of the Environmental Protection Agen18 cy under section 202(i) of the Clean Air Act 

19 (42 U.S.C. 7521(i)), or a lower-numbered Bin 

20 emission standard; 

21 (B) any new emission standard for fine 

22 particulate matter prescribed by the Adminis23 trator under that Act (42 U.S.C. 7401 et seq.); 

24 and 

25 (C) at least 125 percent of the average 

26 base year combined fuel economy, calculated on 


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1 an energy-equivalent basis, for vehicles of a 

2 substantially similar footprint. 

3 (3) COMBINED FUEL ECONOMY.—The term 

4 ‘‘combined fuel economy’’ means— 

5 (A) the combined city/highway miles per 

6 gallon values, as reported in accordance with 

7 section 32908 of title 49, United States Code; 

8 and 

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

10 with the ability to recharge from an off-board 

11 source, the reported mileage, as determined in 

12 a manner consistent with the Society of Auto13 motive Engineers recommended practice for 

14 that configuration or a similar practice rec15 ommended by the Secretary, using a petroleum 

16 equivalence factor for the off-board electricity 

17 (as defined in section 474 of title 10, Code of 

18 Federal Regulations). 

19 (4) ENGINEERING INTEGRATION COSTS.—The 

20 term ‘‘engineering integration costs’’ includes the 

21 cost of engineering tasks relating to— 

22 (A) incorporating qualifying components 

23 into the design of advanced technology vehicles; 

24 and 


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1 (B) designing new tooling and equipment 

2 for production facilities that produce qualifying 

3 components or advanced technology vehicles. 

4 (5) QUALIFYING COMPONENTS.—The term 

5 ‘‘qualifying components’’ means components that the 

6 Secretary determines to be— 

7 (A) specially designed for advanced tech8 nology vehicles; and 

9 (B) installed for the purpose of meeting 

10 the performance requirements of advanced tech11 nology vehicles. 

12 (b) ADVANCED VEHICLES MANUFACTURING FACIL13 ITY.—The Secretary shall provide facility funding awards 

14 under this section to automobile manufacturers and com15 ponent suppliers to pay not more than 30 percent of the 

16 cost of— 

17 (1) reequipping, expanding, or establishing a 

18 manufacturing facility in the United States to 

19 produce— 

20 (A) qualifying advanced technology vehi21 cles; or 

22 (B) qualifying components; and 

23 (2) engineering integration performed in the 

24 United States of qualifying vehicles and qualifying 

25 components. 


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1 (c) PERIOD OF AVAILABILITY.—An award under sub2 section (b) shall apply to— 

3 (1) facilities and equipment placed in service 

4 before December 30, 2017; and 

5 (2) engineering integration costs incurred dur6 ing the period beginning on the date of enactment 

7 of this Act and ending on December 30, 2017. 

8 (d) IMPROVEMENT.—The Secretary shall issue regu9 lations that require that, in order for an automobile manu10 facturer to be eligible for an award under this section dur11 ing a particular year, the adjusted average fuel economy 

12 of the manufacturer for light duty vehicles produced by 

13 the manufacturer during the most recent year for which 

14 data are available shall be not less than the average fuel 

15 economy for all light duty vehicles of the manufacturer 

16 for model year 2005. 

17 SEC. 244. ENERGY STORAGE COMPETITIVENESS. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘United States Energy Storage Competitiveness Act of 

20 2007’’. 

21 (b) ENERGY STORAGE SYSTEMS FOR MOTOR TRANS22 PORTATION AND ELECTRICITY TRANSMISSION AND DIS23 TRIBUTION.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) COUNCIL.—The term ‘‘Council’’ means 

2 the Energy Storage Advisory Council estab3 lished under paragraph (3). 

4 (B) COMPRESSED AIR ENERGY STOR5 AGE.—The term ‘‘compressed air energy stor6 age’’ means, in the case of an electricity grid 

7 application, the storage of energy through the 

8 compression of air. 

9 (C) DEPARTMENT.—The term ‘‘Depart10 ment’’ means the Department of Energy. 

11 (D) FLYWHEEL.—The term ‘‘flywheel’’ 

12 means, in the case of an electricity grid applica13 tion, a device used to store rotational kinetic 

14 energy. 

15 (E) ULTRACAPACITOR.—The term 

16 ‘‘ultracapacitor’’ means an energy storage de17 vice that has a power density comparable to 

18 conventional capacitors but capable of exceeding 

19 the energy density of conventional capacitors by 

20 several orders of magnitude. 

21 (2) PROGRAM.—The Secretary shall carry out a 

22 research, development, and demonstration program 

23 to support the ability of the United States to remain 

24 globally competitive in energy storage systems for 


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1 motor transportation and electricity transmission 

2 and distribution. 

3 (3) ENERGY STORAGE ADVISORY COUNCIL.— 

4 (A) ESTABLISHMENT.—Not later than 90 

5 days after the date of enactment of this Act, 

6 the Secretary shall establish an Energy Storage 

7 Advisory Council. 

8 (B) COMPOSITION.— 

9 (i) IN GENERAL.—Subject to clause 

10 (ii), the Council shall consist of not less 

11 than 15 individuals appointed by the Sec12 retary, based on recommendations of the 

13 National Academy of Sciences. 

14 (ii) ENERGY STORAGE INDUSTRY.— 

15 The Council shall consist primarily of rep16 resentatives of the energy storage industry 

17 of the United States. 

18 (iii) CHAIRPERSON.—The Secretary 

19 shall select a Chairperson for the Council 

20 from among the members appointed under 

21 clause (i) 

22 (C) MEETINGS.— 

23 (i) IN GENERAL.—The Council shall 

24 meet not less than once a year. 


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1 (ii) FEDERAL ADVISORY COMMITTEE

2 ACT.—The Federal Advisory Committee 

3 Act (5 U.S.C. App. 2) shall apply to a 

4 meeting of the Council. 

5 (D) PLANS.—No later than 1 year after 

6 the date of enactment of this Act, in conjunc7 tion with the Secretary, the Council shall de8 velop 5-year plans for integrating basic and ap9 plied research so that the United States retains 

10 a globally competitive domestic energy storage 

11 industry for motor transportation and elec12 tricity transmission and distribution. 

13 (E) REVIEW.—The Council shall— 

14 (i) assess the performance of the De15 partment in meeting the goals of the plans 

16 developed under subparagraph (D); and 

17 (ii) make specific recommendations to 

18 the Secretary on programs or activities 

19 that should be established or terminated to 

20 meet those goals. 

21 (4) BASIC RESEARCH PROGRAM.— 

22 (A) BASIC RESEARCH.—The Secretary 

23 shall conduct a basic research program on en24 ergy storage systems to support motor transVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 portation and electricity transmission and dis2 tribution, including— 

3 (i) materials design; 

4 (ii) materials synthesis and character5 ization; 

6 (iii) electrolytes, including bioelectro7 lytes; 

8 (iv) surface and interface dynamics; 

9 and 

10 (v) modeling and simulation. 

11 (B) NANOSCIENCE CENTERS.—The Sec12 retary shall ensure that the nanoscience centers 

13 of the Department— 

14 (i) support research in the areas de15 scribed in subparagraph (A), as part of the 

16 mission of the centers; and 

17 (ii) coordinate activities of the centers 

18 with activities of the Council. 

19 (5) APPLIED RESEARCH PROGRAM.—The Sec20 retary shall conduct an applied research program on 

21 energy storage systems to support motor transpor22 tation and electricity transmission and distribution 

23 technologies, including— 

24 (A) ultracapacitors; 

25 (B) flywheels; 


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1 (C) batteries; 

2 (D) compressed air energy systems; 

3 (E) power conditioning electronics; and 

4 (F) manufacturing technologies for energy 

5 storage systems. 

6 (6) ENERGY STORAGE RESEARCH CENTERS.— 

7 (A) IN GENERAL.—The Secretary shall es8 tablish, through competitive bids, 4 energy stor9 age research centers to translate basic research 

10 into applied technologies to advance the capa11 bility of the United States to maintain a glob12 ally competitive posture in energy storage sys13 tems for motor transportation and electricity 

14 transmission and distribution. 

15 (B) PROGRAM MANAGEMENT.—The centers 

16 shall be jointly managed by the Under Sec17 retary for Science and the Under Secretary of 

18 Energy of the Department. 

19 (C) PARTICIPATION AGREEMENTS.—As a 

20 condition of participating in a center, a partici21 pant shall enter into a participation agreement 

22 with the center that requires that activities con23 ducted by the participant for the center pro24 mote the goal of enabling the United States to 


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1 compete successfully in global energy storage 

2 markets. 

3 (D) PLANS.—A center shall conduct activi4 ties that promote the achievement of the goals 

5 of the plans of the Council under paragraph 

6 (3)(D). 

7 (E) COST SHARING.—In carrying out this 

8 paragraph, the Secretary shall require cost9 sharing in accordance with section 988 of the 

10 Energy Policy Act of 2005 (42 U.S.C. 16352). 

11 (F) NATIONAL LABORATORIES.—A na12 tional laboratory (as defined in section 2 of the 

13 Energy Policy Act of 2005 (42 U.S.C. 15801)) 

14 may participate in a center established under 

15 this paragraph, including a cooperative research 

16 and development agreement (as defined in sec17 tion 12(d) of the Stevenson-Wydler Technology 

18 Innovation Act of 1980 (15 U.S.C. 3710a(d))). 

19 (G) INTELLECTUAL PROPERTY.—A partici20 pant shall be provided appropriate intellectual 

21 property rights commensurate with the nature 

22 of the participation agreement of the partici23 pant. 

24 (7) REVIEW BY NATIONAL ACADEMY OF

25 SCIENCES.—Not later than 5 years after the date of 


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1 enactment of this Act, the Secretary shall offer to 

2 enter into an arrangement with the National Acad3 emy of Sciences to assess the performance of the 

4 Department in making the United States globally 

5 competitive in energy storage systems for motor 

6 transportation and electricity transmission and dis7 tribution. 

8 (8) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry 

10 out— 

11 (A) the basic research program under 

12 paragraph (4) $50,000,000 for each of fiscal 

13 years 2008 through 2017; 

14 (B) the applied research program under 

15 paragraph (5) $80,000,000 for each of fiscal 

16 years 2008 through 2017; and; 

17 (C) the energy storage research center pro18 gram under paragraph (6) $100,000,000 for 

19 each of fiscal years 2008 through 2017. 

20 SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY 

21 PROGRAM. 

22 (a) ELECTRIC DRIVE VEHICLE DEMONSTRATION

23 PROGRAM.— 


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1 (1) DEFINITION OF ELECTRIC DRIVE VEHI2 CLE.—In this subsection, the term ‘‘electric drive ve3 hicle’’ means a precommercial vehicle that— 

4 (A) draws motive power from a battery 

5 with at least 4 kilowatt-hours of electricity; 

6 (B) can be recharged from an external 

7 source of electricity for motive power; and 

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

9 onroad or nonroad vehicle. 

10 (2) PROGRAM.—The Secretary shall establish a 

11 competitive program to provide grants for dem12 onstrations of electric drive vehicles. 

13 (3) ELIGIBILITY.—A State government, local 

14 government, metropolitan transportation authority, 

15 air pollution control district, private entity, and non16 profit entity shall be eligible to receive a grant under 

17 this subsection. 

18 (4) PRIORITY.—In making grants under this 

19 subsection, the Secretary shall give priority to pro20 posals that— 

21 (A) are likely to contribute to the commer22 cialization and production of electric drive vehi23 cles in the United States; and 

24 (B) reduce petroleum usage. 


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1 (5) SCOPE OF DEMONSTRATIONS.—The Sec2 retary shall ensure, to the extent practicable, that 

3 the program established under this subsection in4 cludes a variety of applications, manufacturers, and 

5 end-uses. 

6 (6) REPORTING.—The Secretary shall require a 

7 grant recipient under this subsection to submit to 

8 the Secretary, on an annual basis, data relating to 

9 vehicle, performance, life cycle costs, and emissions 

10 of vehicles demonstrated under the grant, including 

11 emissions of greenhouse gases. 

12 (7) COST SHARING.—Section 988 of the Energy 

13 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

14 a grant made under this subsection. 

15 (8) AUTHORIZATIONS OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to carry out 

17 this subsection $60,000,000 for each of fiscal years 

18 2008 through 2012, of which not less than 

19 $20,000,000 shall be available each fiscal year only 

20 to make grants local and municipal governments. 

21 (b) NEAR-TERM OIL SAVING TRANSPORTATION DE22 PLOYMENT PROGRAM.— 

23 (1) DEFINITION OF QUALIFIED TRANSPOR24 TATION PROJECT.—In this subsection, the term 

25 ‘‘qualified transportation project’’ means— 


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1 (A) a project that simultaneously reduces 

2 emissions of criteria pollutants, greenhouse gas 

3 emissions, and petroleum usage by at least 40 

4 percent as compared to commercially available, 

5 petroleum-based technologies used in nonroad 

6 vehicles; and 

7 (B) an electrification project involving 

8 onroad commercial trucks, rail transportation, 

9 or ships, and any associated infrastructure (in10 cluding any panel upgrades, battery chargers, 

11 trenching, and alternative fuel infrastructure). 

12 (2) PROGRAM.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary, in con14 sultation with the Secretary of Transportation, shall 

15 establish a program to provide grants to eligible en16 tities for the conduct of qualified transportation 

17 projects. 

18 (3) PRIORITY.—In providing grants under this 

19 subsection, the Secretary shall give priority to large20 scale projects and large-scale aggregators of 

21 projects. 

22 (4) COST SHARING.—Section 988 of the Energy 

23 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

24 a grant made under this subsection. 


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1 (5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to carry this subsection 

3 $90,000,000 for each of fiscal years 2008 through 

4 2013. 

5 Subtitle D—Setting Energy 

6 Efficiency Goals 

7 SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN 

8 TRANSPORTATION. 

9 (a) GOALS.—The goals of the United States are to 

10 reduce gasoline usage in the United States from the levels 

11 projected under subsection (b) by— 

12 (1) 20 percent by calendar year 2017; 

13 (2) 35 percent by calendar year 2025; and 

14 (3) 45 percent by calendar year 2030. 

15 (b) MEASUREMENT.—For purposes of subsection (a), 

16 reduction in gasoline usage shall be measured from the 

17 estimates for each year in subsection (a) contained in the 

18 reference case in the report of the Energy Information Ad19 ministration entitled ‘‘Annual Energy Outlook 2007’’. 

20 (c) STRATEGIC PLAN.— 

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

22 the date of enactment of this Act, the Secretary, in 

23 cooperation with the Administrator of the Environ24 mental Protection Agency and the heads of other ap25 propriate Federal agencies, shall develop a strategic 


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1 plan to achieve the national goals for reduction in 

2 gasoline usage established under subsection (a). 

3 (2) PUBLIC INPUT AND COMMENT.—The Sec4 retary shall develop the plan in a manner that pro5 vides appropriate opportunities for public comment. 

6 (d) PLAN CONTENTS.—The strategic plan shall— 

7 (1) establish future regulatory, funding, and 

8 policy priorities to ensure compliance with the na9 tional goals; 

10 (2) include energy savings estimates for each 

11 sector; and 

12 (3) include data collection methodologies and 

13 compilations used to establish baseline and energy 

14 savings data. 

15 (e) PLAN UPDATES.— 

16 (1) IN GENERAL.—The Secretary shall— 

17 (A) update the strategic plan biennially; 

18 and 

19 (B) include the updated strategic plan in 

20 the national energy policy plan required by sec21 tion 801 of the Department of Energy Organi22 zation Act (42 U.S.C. 7321). 

23 (2) CONTENTS.—In updating the plan, the Sec24 retary shall— 


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1 (A) report on progress made toward imple2 menting efficiency policies to achieve the na3 tional goals established under subsection (a); 

4 and 

5 (B) to the maximum extent practicable, 

6 verify energy savings resulting from the poli7 cies. 

8 (f) REPORT TO CONGRESS AND PUBLIC.—The Sec9 retary shall submit to Congress, and make available to the 

10 public, the initial strategic plan developed under sub11 section (c) and each updated plan. 

12 SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT 

13 GOALS. 

14 (a) GOALS.—The goals of the United States are— 

15 (1) to achieve an improvement in the overall en16 ergy productivity of the United States (measured in 

17 gross domestic product per unit of energy input) of 

18 at least 2.5 percent per year by the year 2012; and 

19 (2) to maintain that annual rate of improve20 ment each year through 2030. 

21 (b) STRATEGIC PLAN.— 

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

23 the date of enactment of this Act, the Secretary, in 

24 cooperation with the Administrator of the Environ25 mental Protection Agency and the heads of other apVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 propriate Federal agencies, shall develop a strategic 

2 plan to achieve the national goals for improvement 

3 in energy productivity established under subsection 

4 (a). 

5 (2) PUBLIC INPUT AND COMMENT.—The Sec6 retary shall develop the plan in a manner that pro7 vides appropriate opportunities for public input and 

8 comment. 

9 (c) PLAN CONTENTS.—The strategic plan shall— 

10 (1) establish future regulatory, funding, and 

11 policy priorities to ensure compliance with the na12 tional goals; 

13 (2) include energy savings estimates for each 

14 sector; and 

15 (3) include data collection methodologies and 

16 compilations used to establish baseline and energy 

17 savings data. 

18 (d) PLAN UPDATES.— 

19 (1) IN GENERAL.—The Secretary shall— 

20 (A) update the strategic plan biennially; 

21 and 

22 (B) include the updated strategic plan in 

23 the national energy policy plan required by sec24 tion 801 of the Department of Energy Organi25 zation Act (42 U.S.C. 7321). 


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1 (2) CONTENTS.—In updating the plan, the Sec2 retary shall— 

3 (A) report on progress made toward imple4 menting efficiency policies to achieve the na5 tional goals established under subsection (a); 

6 and 

7 (B) verify, to the maximum extent prac8 ticable, energy savings resulting from the poli9 cies. 

10 (e) REPORT TO CONGRESS AND PUBLIC.—The Sec11 retary shall submit to Congress, and make available to the 

12 public, the initial strategic plan developed under sub13 section (b) and each updated plan. 

14 SEC. 253. NATIONAL MEDIA CAMPAIGN. 

15 (a) IN GENERAL.—The Secretary, acting through the 

16 Assistant Secretary for Energy Efficiency and Renewable 

17 Energy (referred to in this section as the ‘‘Secretary’’), 

18 shall develop and conduct a national media campaign— 

19 (1) to increase energy efficiency throughout the 

20 economy of the United States over the next decade; 

21 (2) to promote the national security benefits as22 sociated with increased energy efficiency; and 

23 (3) to decrease oil consumption in the United 

24 States over the next decade. 


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1 (b) CONTRACT WITH ENTITY.—The Secretary shall 

2 carry out subsection (a) directly or through— 

3 (1) competitively bid contracts with 1 or more 

4 nationally recognized media firms for the develop5 ment and distribution of monthly television, radio, 

6 and newspaper public service announcements; or 

7 (2) collective agreements with 1 or more nation8 ally recognized institutes, businesses, or nonprofit 

9 organizations for the funding, development, and dis10 tribution of monthly television, radio, and newspaper 

11 public service announcements. 

12 (c) USE OF FUNDS.— 

13 (1) IN GENERAL.—Amounts made available to 

14 carry out this section shall be used for the following: 

15 (A) ADVERTISING COSTS.— 

16 (i) The purchase of media time and 

17 space. 

18 (ii) Creative and talent costs. 

19 (iii) Testing and evaluation of adver20 tising. 

21 (iv) Evaluation of the effectiveness of 

22 the media campaign. 

23 (B) ADMINISTRATIVE COSTS.—Operational 

24 and management expenses. 


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1 (2) LIMITATIONS.—In carrying out this section, 

2 the Secretary shall allocate not less than 85 percent 

3 of funds made available under subsection (e) for 

4 each fiscal year for the advertising functions speci5 fied under paragraph (1)(A). 

6 (d) REPORTS.—The Secretary shall annually submit 

7 to Congress a report that describes— 

8 (1) the strategy of the national media campaign 

9 and whether specific objectives of the campaign were 

10 accomplished, including— 

11 (A) determinations concerning the rate of 

12 change of energy consumption, in both absolute 

13 and per capita terms; and 

14 (B) an evaluation that enables consider15 ation whether the media campaign contributed 

16 to reduction of energy consumption; 

17 (2) steps taken to ensure that the national 

18 media campaign operates in an effective and effi19 cient manner consistent with the overall strategy 

20 and focus of the campaign; 

21 (3) plans to purchase advertising time and 

22 space; 

23 (4) policies and practices implemented to ensure 

24 that Federal funds are used responsibly to purchase 


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1 advertising time and space and eliminate the poten2 tial for waste, fraud, and abuse; and 

3 (5) all contracts or cooperative agreements en4 tered into with a corporation, partnership, or indi5 vidual working on behalf of the national media cam6 paign. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated to carry out this section $5,000,000 for 

10 each of fiscal years 2008 through 2012. 

11 (2) DECREASED OIL CONSUMPTION.—The Sec12 retary shall use not less than 50 percent of the 

13 amount that is made available under this section for 

14 each fiscal year to develop and conduct a national 

15 media campaign to decrease oil consumption in the 

16 United States over the next decade. 

17 SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM. 

18 (a) STATEMENT OF POLICY.—It is the policy of the 

19 United States that developing and deploying advanced 

20 technology to modernize and increase the efficiency of the 

21 electricity grid system of the United States is essential to 

22 maintain a reliable and secure electricity transmission and 

23 distribution infrastructure that can meet future demand 

24 growth. 


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1 (b) PROGRAMS.—The Secretary, the Federal Energy 

2 Regulatory Commission, and other Federal agencies, as 

3 appropriate, shall carry out programs to support the use, 

4 development, and demonstration of advanced transmission 

5 and distribution technologies, including real-time moni6 toring and analytical software— 

7 (1) to maximize the capacity and efficiency of 

8 electricity networks; 

9 (2) to enhance grid reliability; 

10 (3) to reduce line losses; 

11 (4) to facilitate the transition to real-time elec12 tricity pricing; 

13 (5) to allow grid incorporation of more onsite 

14 renewable energy generators; 

15 (6) to enable electricity to displace a portion of 

16 the petroleum used to power the national transpor17 tation system of the United States; and 

18 (7) to enable broad deployment of distributed 

19 generation and demand side management tech20 nology. 


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1 Subtitle E—Promoting Federal 

2 Leadership in Energy Efficiency 

3 and Renewable Energy 

4 SEC. 261. FEDERAL FLEET CONSERVATION REQUIRE5 MENTS. 

6 (a) FEDERAL FLEET CONSERVATION REQUIRE7 MENTS.— 

8 (1) IN GENERAL.—Part J of title III of the En9 ergy Policy and Conservation Act (42 U.S.C. 6374 

10 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIRE13 MENTS. 

14 ‘‘(a) MANDATORY REDUCTION IN PETROLEUM CON15 SUMPTION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall issue 

17 regulations (including provisions for waivers from 

18 the requirements of this section) for Federal fleets 

19 subject to section 400AA requiring that not later 

20 than October 1, 2015, each Federal agency achieve 

21 at least a 20 percent reduction in petroleum con22 sumption, and that each Federal agency increase al23 ternative fuel consumption by 10 percent annually, 

24 as calculated from the baseline established by the 

25 Secretary for fiscal year 2005. 


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1 ‘‘(2) PLAN.— 

2 ‘‘(A) REQUIREMENT.—The regulations 

3 shall require each Federal agency to develop a 

4 plan to meet the required petroleum reduction 

5 levels and the alternative fuel consumption in6 creases. 

7 ‘‘(B) MEASURES.—The plan may allow an 

8 agency to meet the required petroleum reduc9 tion level through— 

10 ‘‘(i) the use of alternative fuels; 

11 ‘‘(ii) the acquisition of vehicles with 

12 higher fuel economy, including hybrid vehi13 cles, neighborhood electric vehicles, electric 

14 vehicles, and plug–in hybrid vehicles if the 

15 vehicles are commercially available; 

16 ‘‘(iii) the substitution of cars for light 

17 trucks; 

18 ‘‘(iv) an increase in vehicle load fac19 tors; 

20 ‘‘(v) a decrease in vehicle miles trav21 eled; 

22 ‘‘(vi) a decrease in fleet size; and 

23 ‘‘(vii) other measures. 

24 ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PROGRAMS

25 FOR REDUCING PETROLEUM CONSUMPTION.— 


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1 ‘‘(1) IN GENERAL.—Each Federal agency shall 

2 actively promote incentive programs that encourage 

3 Federal employees and contractors to reduce petro4 leum usage through the use of practices such as— 

5 ‘‘(A) telecommuting; 

6 ‘‘(B) public transit; 

7 ‘‘(C) carpooling; and 

8 ‘‘(D) bicycling. 

9 ‘‘(2) MONITORING AND SUPPORT FOR INCEN10 TIVE PROGRAMS.—The Administrator of General 

11 Services, the Director of the Office of Personnel 

12 Management, and the Secretary of Energy shall 

13 monitor and provide appropriate support to agency 

14 programs described in paragraph (1). 

15 ‘‘(3) RECOGNITION.—The Secretary may estab16 lish a program under which the Secretary recognizes 

17 private sector employers and State and local govern18 ments for outstanding programs to reduce petroleum 

19 usage through practices described in paragraph (1). 

20 ‘‘(c) REPLACEMENT TIRES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), the regulations issued under subsection 

23 (a)(1) shall include a requirement that, to the max24 imum extent practicable, each Federal agency purVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 chase energy-efficient replacement tires for the re2 spective fleet vehicles of the agency. 

3 ‘‘(2) EXCEPTIONS.—This section does not apply 

4 to— 

5 ‘‘(A) law enforcement motor vehicles; 

6 ‘‘(B) emergency motor vehicles; or 

7 ‘‘(C) motor vehicles acquired and used for 

8 military purposes that the Secretary of Defense 

9 has certified to the Secretary must be exempt 

10 for national security reasons. 

11 ‘‘(d) ANNUAL REPORTS ON COMPLIANCE.—The Sec12 retary shall submit to Congress an annual report that 

13 summarizes actions taken by Federal agencies to comply 

14 with this section.’’. 

15 (2) TABLE OF CONTENTS AMENDMENT.—The 

16 table of contents of the Energy Policy and Conserva17 tion Act (42 U.S.C. prec. 6201) is amended by add18 ing at the end of the items relating to part J of title 

19 III the following: 

‘‘Sec. 400FF. Federal fleet conservation requirements.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out the amendment 

22 made by this section $10,000,000 for the period of fiscal 

23 years 2008 through 2013. 


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1 SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELEC2 TRICITY GENERATED BY RENEWABLE EN3 ERGY. 

4 Section 203 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15852) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) REQUIREMENT.— 

9 ‘‘(1) IN GENERAL.—The President, acting 

10 through the Secretary, shall require that, to the ex11 tent economically feasible and technically prac12 ticable, of the total quantity of domestic electric en13 ergy the Federal Government consumes during any 

14 fiscal year, the following percentages shall be renew15 able energy from facilities placed in service after 

16 January 1, 1999: 

17 ‘‘(A) Not less than 10 percent in fiscal 

18 year 2010. 

19 ‘‘(B) Not less than 15 percent in fiscal 

20 year 2015. 

21 ‘‘(2) CAPITOL COMPLEX.—The Architect of the 

22 Capitol, in consultation with the Secretary, shall en23 sure that, of the total quantity of electric energy the 

24 Capitol complex consumes during any fiscal year, the 

25 percentages prescribed in paragraph (1) shall be re26 newable energy. 


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1 ‘‘(3) WAIVER AUTHORITY.—The President may 

2 reduce or waive the requirement under paragraph 

3 (1) on a fiscal-year basis if the President determines 

4 that complying with paragraph (1) for a fiscal year 

5 would result in— 

6 ‘‘(A) a negative impact on military training 

7 or readiness activities conducted by the Depart8 ment of Defense; 

9 ‘‘(B) a negative impact on domestic pre10 paredness activities conducted by the Depart11 ment of Homeland Security; or 

12 ‘‘(C) a requirement that a Federal agency 

13 provide emergency response services in the 

14 event of a natural disaster or terrorist attack.’’; 

15 and 

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

17 ‘‘(e) CONTRACTS FOR RENEWABLE ENERGY FROM

18 PUBLIC UTILITY SERVICES.—Notwithstanding section 

19 501(b)(1)(B) of title 40, United States Code, a contract 

20 for renewable energy from a public utility service may be 

21 made for a period of not more than 50 years.’’. 

22 SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

23 (a) RETENTION OF SAVINGS.—Section 546(c) of the 

24 National Energy Conservation Policy Act (42 U.S.C. 

25 8256(c)) is amended by striking paragraph (5). 


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1 (b) SUNSET AND REPORTING REQUIREMENTS.—Sec2 tion 801 of the National Energy Conservation Policy Act 

3 (42 U.S.C. 8287) is amended by striking subsection (c). 

4 (c) DEFINITION OF ENERGY SAVINGS.—Section 

5 804(2) of the National Energy Conservation Policy Act 

6 (42 U.S.C. 8287c(2)) is amended— 

7 (1) by redesignating subparagraphs (A), (B), 

8 and (C) as clauses (i), (ii), and (iii), respectively, 

9 and indenting appropriately; 

10 (2) by striking ‘‘means a reduction’’ and insert11 ing ‘‘means— 

12 ‘‘(A) a reduction’’; 

13 (3) by striking the period at the end and insert14 ing a semicolon; and 

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

16 ‘‘(B) the increased efficient use of an exist17 ing energy source by cogeneration or heat re18 covery, and installation of renewable energy sys19 tems; 

20 ‘‘(C) if otherwise authorized by Federal or 

21 State law (including regulations), the sale or 

22 transfer of electrical or thermal energy gen23 erated on-site from renewable energy sources or 

24 cogeneration, but in excess of Federal needs, to 

25 utilities or non-Federal energy users; and 


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1 ‘‘(D) the increased efficient use of existing 

2 water sources in interior or exterior applica3 tions.’’. 

4 (d) NOTIFICATION.— 

5 (1) AUTHORITY TO ENTER INTO CONTRACTS.— 

6 Section 801(a)(2)(D) of the National Energy Con7 servation Policy Act (42 U.S.C. 8287(a)(2)(D)) is 

8 amended— 

9 (A) in clause (ii), by inserting ‘‘and’’ after 

10 the semicolon at the end; 

11 (B) by striking clause (iii); and 

12 (C) by redesignating clause (iv) as clause 

13 (iii). 

14 (2) REPORTS.—Section 548(a)(2) of the Na15 tional Energy Conservation Policy Act (42 U.S.C. 

16 8258(a)(2)) is amended by inserting ‘‘and any ter17 mination penalty exposure’’ after ‘‘the energy and 

18 cost savings that have resulted from such con19 tracts’’. 

20 (3) CONFORMING AMENDMENT.—Section 2913 

21 of title 10, United States Code, is amended by strik22 ing subsection (e). 

23 (e) ENERGY AND COST SAVINGS IN NONBUILDING

24 APPLICATIONS.— 

25 (1) DEFINITIONS.—In this subsection: 


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1 (A) NONBUILDING APPLICATION.—The 

2 term ‘‘nonbuilding application’’ means— 

3 (i) any class of vehicles, devices, or 

4 equipment that is transportable under the 

5 power of the applicable vehicle, device, or 

6 equipment by land, sea, or air and that 

7 consumes energy from any fuel source for 

8 the purpose of— 

9 (I) that transportation; or 

10 (II) maintaining a controlled en11 vironment within the vehicle, device, 

12 or equipment; and 

13 (ii) any federally-owned equipment 

14 used to generate electricity or transport 

15 water. 

16 (B) SECONDARY SAVINGS.— 

17 (i) IN GENERAL.—The term ‘‘sec18 ondary savings’’ means additional energy 

19 or cost savings that are a direct con20 sequence of the energy savings that result 

21 from the energy efficiency improvements 

22 that were financed and implemented pur23 suant to an energy savings performance 

24 contract. 


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1 (ii) INCLUSIONS.—The term ‘‘sec2 ondary savings’’ includes— 

3 (I) energy and cost savings that 

4 result from a reduction in the need 

5 for fuel delivery and logistical support; 

6 (II) personnel cost savings and 

7 environmental benefits; and 

8 (III) in the case of electric gen9 eration equipment, the benefits of in10 creased efficiency in the production of 

11 electricity, including revenues received 

12 by the Federal Government from the 

13 sale of electricity so produced. 

14 (2) STUDY.— 

15 (A) IN GENERAL.—As soon as practicable 

16 after the date of enactment of this Act, the Sec17 retary and the Secretary of Defense shall joint18 ly conduct, and submit to Congress and the 

19 President a report of, a study of the potential 

20 for the use of energy savings performance con21 tracts to reduce energy consumption and pro22 vide energy and cost savings in nonbuilding ap23 plications. 

24 (B) REQUIREMENTS.—The study under 

25 this subsection shall include— 


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1 (i) an estimate of the potential energy 

2 and cost savings to the Federal Govern3 ment, including secondary savings and 

4 benefits, from increased efficiency in non5 building applications; 

6 (ii) an assessment of the feasibility of 

7 extending the use of energy savings per8 formance contracts to nonbuilding applica9 tions, including an identification of any 

10 regulatory or statutory barriers to such 

11 use; and 

12 (iii) such recommendations as the 

13 Secretary and Secretary of Defense deter14 mine to be appropriate. 

15 SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR 

16 FEDERAL BUILDINGS. 

17 Section 543(a)(1) of the National Energy Conserva18 tion Policy Act (42 U.S.C. 8253(a)(1)) is amended by 

19 striking the table and inserting the following: 

‘‘Fiscal Year Percentage reduction 

2006 ......................................................................................... 2

2007 ......................................................................................... 4

2008 ......................................................................................... 9

2009 ......................................................................................... 12

2010 ......................................................................................... 15

2011 ......................................................................................... 18

2012 ......................................................................................... 21

2013 ......................................................................................... 24

2014 ......................................................................................... 27

2015 ......................................................................................... 30.’’. 


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1 SEC. 265. COMBINED HEAT AND POWER AND DISTRICT EN2 ERGY INSTALLATIONS AT FEDERAL SITES. 

3 Section 543 of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253) is amended by adding at the 

5 end the following: 

6 ‘‘(f) COMBINED HEAT AND POWER AND DISTRICT

7 ENERGY INSTALLATIONS AT FEDERAL SITES.— 

8 ‘‘(1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this subsection, the 

10 Secretary, in consultation with the Administrator of 

11 General Services and the Secretary of Defense, shall 

12 identify Federal sites that could achieve significant 

13 cost-effective energy savings through the use of com14 bined heat and power or district energy installations. 

15 ‘‘(2) INFORMATION AND TECHNICAL ASSIST16 ANCE.—The Secretary shall provide agencies with 

17 information and technical assistance that will enable 

18 the agencies to take advantage of the energy savings 

19 described in paragraph (1). 

20 ‘‘(3) ENERGY PERFORMANCE REQUIRE21 MENTS.—Any energy savings from the installations 

22 described in paragraph (1) may be applied to meet 

23 the energy performance requirements for an agency 

24 under subsection (a)(1).’’. 


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1 SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PER2 FORMANCE STANDARDS. 

3 Section 305(a)(3)(A) of the Energy Conservation and 

4 Production Act (42 U.S.C. 6834(a)(3)(A)) is amended— 

5 (1) in the matter preceding clause (i), by strik6 ing ‘‘this paragraph’’ and by inserting ‘‘the Energy 

7 Efficiency Promotion Act of 2007’’; and 

8 (2) in clause (i)— 

9 (A) in subclause (I), by striking ‘‘and’’ at 

10 the end; 

11 (B) by redesignating subclause (II) as sub12 clause (III); and 

13 (C) by inserting after subclause (I) the fol14 lowing: 

15 ‘‘(II) the buildings be designed, to the ex16 tent economically feasible and technically prac17 ticable, so that the fossil fuel-generated energy 

18 consumption of the buildings is reduced, as 

19 compared with the fossil fuel-generated energy 

20 consumption by a similar Federal building in 

21 fiscal year 2003 (as measured by Commercial 

22 Buildings Energy Consumption Survey or Resi23 dential Energy Consumption Survey data from 

24 the Energy Information Agency), by the per25 centage specified in the following table: 


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‘‘Fiscal Year Percentage Reduction

2007 .............................................................. 50

2010 .............................................................. 60

2015 .............................................................. 70

2020 .............................................................. 80

2025 .............................................................. 90

2030 .............................................................. 100; 

1 and’’. 

2 SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CON3 SERVATION CODE TO PUBLIC AND ASSISTED 

4 HOUSING. 

5 Section 109 of the Cranston-Gonzalez National Af6 fordable Housing Act (42 U.S.C. 12709) is amended— 

7 (1) in subsection (a)(1)(C), by striking, ‘‘, 

8 where such standards are determined to be cost ef9 fective by the Secretary of Housing and Urban De10 velopment’’; 

11 (2) in subsection (a)(2)— 

12 (A) by striking ‘‘the Council of American 

13 Building Officials Model Energy Code, 1992’’ 

14 and inserting ‘‘2006 International Energy Con15 servation Code’’; and 

16 (B) by striking ‘‘, and, with respect to re17 habilitation and new construction of public and 

18 assisted housing funded by HOPE VI revital19 ization grants under section 24 of the United 

20 States Housing Act of 1937 (42 U.S.C. 1437v), 

21 the 2003 International Energy Conservation 

22 Code’’; 


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1 (3) in subsection (b)— 

2 (A) in the heading, by striking ‘‘MODEL

3 ENERGY CODE.—’’ and inserting ‘‘INTER4 NATIONAL ENERGY CONSERVATION CODE.—’’; 

5 (B) after ‘‘all new construction’’ in the 

6 first sentence insert ‘‘and rehabilitation’’; and 

7 (C) by striking ‘‘, and, with respect to re8 habilitation and new construction of public and 

9 assisted housing funded by HOPE VI revital10 ization grants under section 24 of the United 

11 States Housing Act of 1937 (42 U.S.C. 1437v), 

12 the 2003 International Energy Conservation 

13 Code’’; 

14 (4) in subsection (c)— 

15 (A) in the heading, by striking ‘‘MODEL

16 ENERGY CODE AND’’; and 

17 (B) by striking ‘‘, or, with respect to reha18 bilitation and new construction of public and 

19 assisted housing funded by HOPE VI revital20 ization grants under section 24 of the United 

21 States Housing Act of 1937 (42 U.S.C. 1437v), 

22 the 2003 International Energy Conservation 

23 Code’’; 

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


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1 ‘‘(d) FAILURE TO AMEND THE STANDARDS.—If the 

2 Secretaries have not, within 1 year after the requirements 

3 of the 2006 IECC or the ASHRAE Standard 90.1–2004 

4 are revised, amended the standards or made a determina5 tion under subsection (c) of this section, and if the Sec6 retary of Energy has made a determination under section 

7 304 of the Energy Conservation and Production Act (42 

8 U.S.C. 6833) that the revised code or standard would im9 prove energy efficiency, all new construction and rehabili10 tation of housing specified in subsection (a) shall meet the 

11 requirements of the revised code or standard.’’; 

12 (6) by striking ‘‘CABO Model Energy Code, 

13 1992’’ each place it appears and inserting ‘‘the 2006 

14 IECC’’; and 

15 (7) by striking ‘‘1989’’ each place it appears 

16 and inserting ‘‘2004’’. 

17 SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS 

18 INITIATIVE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) CONSORTIUM.—The term ‘‘consortium’’ 

21 means a working group that is comprised of— 

22 (A) individuals representing— 

23 (i) 1 or more businesses engaged in— 

24 (I) commercial building develop25 ment; 


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1 (II) construction; or 

2 (III) real estate; 

3 (ii) financial institutions; 

4 (iii) academic or research institutions; 

5 (iv) State or utility energy efficiency 

6 programs; 

7 (v) nongovernmental energy efficiency 

8 organizations; and 

9 (vi) the Federal Government; 

10 (B) 1 or more building designers; and 

11 (C) 1 or more individuals who own or oper12 ate 1 or more buildings. 

13 (2) ENERGY EFFICIENT COMMERCIAL BUILD14 ING.—The term ‘‘energy efficient commercial build15 ing’’ means a commercial building that is designed, 

16 constructed, and operated— 

17 (A) to require a greatly reduced quantity 

18 of energy; 

19 (B) to meet, on an annual basis, the bal20 ance of energy needs of the commercial building 

21 from renewable sources of energy; and 

22 (C) to be economically viable. 

23 (3) INITIATIVE.—The term ‘‘initiative’’ means 

24 the Energy Efficient Commercial Buildings Initia25 tive. 


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1 (b) INITIATIVE.— 

2 (1) IN GENERAL.—The Secretary shall enter 

3 into an agreement with the consortium to develop 

4 and carry out the initiative— 

5 (A) to reduce the quantity of energy con6 sumed by commercial buildings located in the 

7 United States; and 

8 (B) to achieve the development of energy 

9 efficient commercial buildings in the United 

10 States. 

11 (2) GOAL OF INITIATIVE.—The goal of the ini12 tiative shall be to develop technologies and practices 

13 and implement policies that lead to energy efficient 

14 commercial buildings for— 

15 (A) any commercial building newly con16 structed in the United States by 2030; 

17 (B) 50 percent of the commercial building 

18 stock of the United States by 2040; and 

19 (C) all commercial buildings in the United 

20 States by 2050. 

21 (3) COMPONENTS.—In carrying out the initia22 tive, the Secretary, in collaboration with the consor23 tium, may— 

24 (A) conduct research and development on 

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1 trols, operation and other practices, integration, 

2 energy use measurement and benchmarking, 

3 and policies; 

4 (B) conduct demonstration projects to 

5 evaluate replicable approaches to achieving en6 ergy efficient commercial buildings for a variety 

7 of building types in a variety of climate zones; 

8 (C) conduct deployment activities to dis9 seminate information on, and encourage wide10 spread adoption of, technologies, practices, and 

11 policies to achieve energy efficient commercial 

12 buildings; and 

13 (D) conduct any other activity necessary to 

14 achieve any goal of the initiative, as determined 

15 by the Secretary, in collaboration with the con16 sortium. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated such sums as are necessary to carry 

20 out this section. 

21 (2) ADDITIONAL FUNDING.—In addition to 

22 amounts authorized to be appropriated under para23 graph (1), the Secretary may allocate funds from 

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1 ing the purpose for which the funds are appro2 priated. 

3 Subtitle F—Assisting State and 

4 Local Governments in Energy 

5 Efficiency 

6 SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME 

7 PERSONS. 

8 Section 422 of the Energy Conservation and Produc9 tion Act (42 U.S.C. 6872) is amended by striking 

10 ‘‘$700,000,000 for fiscal year 2008’’ and inserting 

11 ‘‘$750,000,000 for each of fiscal years 2008 through 

12 2012’’. 

13 SEC. 272. STATE ENERGY CONSERVATION PLANS. 

14 Section 365(f) of the Energy Policy and Conservation 

15 Act (42 U.S.C. 6325(f)) is amended by striking ‘‘fiscal 

16 year 2008’’ and inserting ‘‘each of fiscal years 2008 

17 through 2012’’. 

18 SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS. 

19 (a) ELECTRIC UTILITIES.—Section 111(d) of the 

20 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

21 2621(d)) is amended by adding at the end the following: 

22 ‘‘(16) INTEGRATED RESOURCE PLANNING.— 

23 Each electric utility shall— 

24 ‘‘(A) integrate energy efficiency resources 

25 into utility, State, and regional plans; and 


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1 ‘‘(B) adopt policies establishing cost-effec2 tive energy efficiency as a priority resource. 

3 ‘‘(17) RATE DESIGN MODIFICATIONS TO PRO4 MOTE ENERGY EFFICIENCY INVESTMENTS.— 

5 ‘‘(A) IN GENERAL.—The rates allowed to 

6 be charged by any electric utility shall— 

7 ‘‘(i) align utility incentives with the 

8 delivery of cost-effective energy efficiency; 

9 and 

10 ‘‘(ii) promote energy efficiency invest11 ments. 

12 ‘‘(B) POLICY OPTIONS.—In complying with 

13 subparagraph (A), each State regulatory au14 thority and each nonregulated utility shall con15 sider— 

16 ‘‘(i) removing the throughput incen17 tive and other regulatory and management 

18 disincentives to energy efficiency; 

19 ‘‘(ii) providing utility incentives for 

20 the successful management of energy effi21 ciency programs; 

22 ‘‘(iii) including the impact on adoption 

23 of energy efficiency as 1 of the goals of re24 tail rate design, recognizing that energy efVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 ficiency must be balanced with other objec2 tives; 

3 ‘‘(iv) adopting rate designs that en4 courage energy efficiency for each cus5 tomer class; and 

6 ‘‘(v) allowing timely recovery of en7 ergy efficiency-related costs.’’. 

8 (b) NATURAL GAS UTILITIES.—Section 303(b) of the 

9 Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

10 3203(b)) is amended by adding at the end the following: 

11 ‘‘(5) ENERGY EFFICIENCY.—Each natural gas 

12 utility shall— 

13 ‘‘(A) integrate energy efficiency resources 

14 into the plans and planning processes of the 

15 natural gas utility; and 

16 ‘‘(B) adopt policies that establish energy 

17 efficiency as a priority resource in the plans 

18 and planning processes of the natural gas util19 ity. 

20 ‘‘(6) RATE DESIGN MODIFICATIONS TO PRO21 MOTE ENERGY EFFICIENCY INVESTMENTS.— 

22 ‘‘(A) IN GENERAL.—The rates allowed to 

23 be charged by a natural gas utility shall align 

24 utility incentives with the deployment of cost-ef25 fective energy efficiency. 


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1 ‘‘(B) POLICY OPTIONS.—In complying with 

2 subparagraph (A), each State regulatory au3 thority and each nonregulated utility shall con4 sider— 

5 ‘‘(i) separating fixed-cost revenue re6 covery from the volume of transportation 

7 or sales service provided to the customer; 

8 ‘‘(ii) providing to utilities incentives 

9 for the successful management of energy 

10 efficiency programs, such as allowing utili11 ties to retain a portion of the cost-reducing 

12 benefits accruing from the programs; 

13 ‘‘(iii) promoting the impact on adop14 tion of energy efficiency as 1 of the goals 

15 of retail rate design, recognizing that en16 ergy efficiency must be balanced with other 

17 objectives; and 

18 ‘‘(iv) adopting rate designs that en19 courage energy efficiency for each cus20 tomer class.’’. 

21 SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE 

22 PROGRAM ASSISTANCE. 

23 The Secretary shall provide technical assistance re24 garding the design and implementation of the energy effi25 ciency and demand response programs established under 


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1 this title, and the amendments made by this title, to State 

2 energy offices, public utility regulatory commissions, and 

3 nonregulated utilities through the appropriate national 

4 laboratories of the Department of Energy. 

5 SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT. 

6 Title I of the Housing and Community Development 

7 Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add8 ing at the end the following: 

9 ‘‘SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT. 

10 ‘‘(a) DEFINITIONS.—In this section 

11 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) a State; 

14 ‘‘(B) an eligible unit of local government 

15 within a State; and 

16 ‘‘(C) an Indian tribe. 

17 ‘‘(2) ELIGIBLE UNIT OF LOCAL GOVERN18 MENT.—The term ‘eligible unit of local government’ 

19 means— 

20 ‘‘(A) a city with a population— 

21 ‘‘(i) of at least 35,000; or 

22 ‘‘(ii) that causes the city to be 1 of 

23 the top 10 most populous cities of the 

24 State in which the city is located; and 

25 ‘‘(B) a county with a population— 


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1 ‘‘(i) of at least 200,000; or 

2 ‘‘(ii) that causes the county to be 1 of 

3 the top 10 most populous counties of the 

4 State in which the county is located. 

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

6 the Secretary of Energy. 

7 ‘‘(4) STATE.—The term ‘State’ means— 

8 ‘‘(A) a State; 

9 ‘‘(B) the District of Columbia; 

10 ‘‘(C) the Commonwealth of Puerto Rico; 

11 and 

12 ‘‘(D) any other territory or possession of 

13 the United States. 

14 ‘‘(b) PURPOSE.—The purpose of this section is to as15 sist State and local governments in implementing strate16 gies— 

17 ‘‘(1) to reduce fossil fuel emissions created as 

18 a result of activities within the boundaries of the 

19 States or units of local government; 

20 ‘‘(2) to reduce the total energy use of the 

21 States and units of local government; and 

22 ‘‘(3) to improve energy efficiency in the trans23 portation sector, building sector, and any other ap24 propriate sectors. 

25 ‘‘(c) PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall provide 

2 to eligible entities block grants to carry out eligible 

3 activities (as specified under paragraph (2)) relating 

4 to the implementation of environmentally beneficial 

5 energy strategies. 

6 ‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary, in 

7 consultation with the Administrator of the Environ8 mental Protection Agency, the Secretary of Trans9 portation, and the Secretary of Housing and Urban 

10 Development, shall establish a list of activities that 

11 are eligible for assistance under the grant program. 

12 ‘‘(3) ALLOCATION TO STATES AND ELIGIBLE

13 UNITS OF LOCAL GOVERNMENT.— 

14 ‘‘(A) IN GENERAL.—Of the amounts made 

15 available to provide grants under this sub16 section, the Secretary shall allocate— 

17 ‘‘(i) 70 percent to eligible units of 

18 local government; and 

19 ‘‘(ii) 30 percent to States. 

20 ‘‘(B) DISTRIBUTION TO ELIGIBLE UNITS

21 OF LOCAL GOVERNMENT.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall establish a formula for the distribu24 tion of amounts under subparagraph (A)(i) 

25 to eligible units of local government, taking 


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1 into account any factors that the Secretary 

2 determines to be appropriate, including the 

3 residential and daytime population of the 

4 eligible units of local government. 

5 ‘‘(ii) CRITERIA.—Amounts shall be 

6 distributed to eligible units of local govern7 ment under clause (i) only if the eligible 

8 units of local government meet the criteria 

9 for distribution established by the Sec10 retary for units of local government. 

11 ‘‘(C) DISTRIBUTION TO STATES.— 

12 ‘‘(i) IN GENERAL.—Of the amounts 

13 provided to States under subparagraph 

14 (A)(ii), the Secretary shall distribute— 

15 ‘‘(I) at least 1.25 percent to each 

16 State; and 

17 ‘‘(II) the remainder among the 

18 States, based on a formula, to be de19 termined by the Secretary, that takes 

20 into account the population of the 

21 States and any other criteria that the 

22 Secretary determines to be appro23 priate. 

24 ‘‘(ii) CRITERIA.—Amounts shall be 

25 distributed to States under clause (i) only 


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1 if the States meet the criteria for distribu2 tion established by the Secretary for 

3 States. 

4 ‘‘(iii) LIMITATION ON USE OF STATE

5 FUNDS.—At least 40 percent of the 

6 amounts distributed to States under this 

7 subparagraph shall be used by the States 

8 for the conduct of eligible activities in non9 entitlement areas in the States, in accord10 ance with any criteria established by the 

11 Secretary. 

12 ‘‘(4) REPORT.—Not later than 2 years after the 

13 date on which an eligible entity first receives a grant 

14 under this section, and every 2 years thereafter, the 

15 eligible entity shall submit to the Secretary a report 

16 that describes any eligible activities carried out using 

17 assistance provided under this subsection. 

18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subsection for 

21 each of fiscal years 2008 through 2012. 

22 ‘‘(d) ENVIRONMENTALLY BENEFICIAL ENERGY

23 STRATEGIES SUPPLEMENTAL GRANT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall provide 

25 to each eligible entity that meets the applicable criVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 teria under subparagraph (B)(ii) or (C)(ii) of sub2 section (c)(3) a supplemental grant to pay the Fed3 eral share of the total costs of carrying out an activ4 ity relating to the implementation of an environ5 mentally beneficial energy strategy. 

6 ‘‘(2) REQUIREMENTS.—To be eligible for a 

7 grant under paragraph (1), an eligible entity shall— 

8 ‘‘(A) demonstrate to the satisfaction of the 

9 Secretary that the eligible entity meets the ap10 plicable criteria under subparagraph (B)(ii) or 

11 (C)(ii) of subsection (c)(3); and 

12 ‘‘(B) submit to the Secretary for approval 

13 a plan that describes the activities to be funded 

14 by the grant. 

15 ‘‘(3) COST-SHARING REQUIREMENT.— 

16 ‘‘(A) FEDERAL SHARE.—The Federal 

17 share of the cost of carrying out any activities 

18 under this subsection shall be 75 percent. 

19 ‘‘(B) NON-FEDERAL SHARE.— 

20 ‘‘(i) FORM.—Not more than 50 per21 cent of the non-Federal share may be in 

22 the form of in-kind contributions. 

23 ‘‘(ii) LIMITATION.—Amounts provided 

24 to an eligible entity under subsection (c) 


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1 shall not be used toward the non-Federal 

2 share. 

3 ‘‘(4) MAINTENANCE OF EFFORT.—An eligible 

4 entity shall provide assurances to the Secretary that 

5 funds provided to the eligible entity under this sub6 section will be used only to supplement, not to sup7 plant, the amount of Federal, State, and local funds 

8 otherwise expended by the eligible entity for eligible 

9 activities under this subsection. 

10 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this subsection for 

13 each of fiscal years 2008 through 2012. 

14 ‘‘(e) GRANTS TO OTHER STATES AND COMMU15 NITIES.— 

16 ‘‘(1) IN GENERAL.—Of the total amount of 

17 funds that are made available each fiscal year to 

18 carry out this section, the Secretary shall use 2 per19 cent of the amount to make competitive grants 

20 under this section to States and units of local gov21 ernment that are not eligible entities or to consortia 

22 of such units of local government. 

23 ‘‘(2) APPLICATIONS.—To be eligible for a grant 

24 under this subsection, a State, unit of local govern25 ment, or consortia described in paragraph (1) shall 


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1 apply to the Secretary for a grant to carry out an 

2 activity that would otherwise be eligible for a grant 

3 under subsection (c) or (d). 

4 ‘‘(3) PRIORITY.—In awarding grants under this 

5 subsection, the Secretary shall give priority to— 

6 ‘‘(A) States with populations of less than 

7 2,000,000; and 

8 ‘‘(B) projects that would result in signifi9 cant energy efficiency improvements, reductions 

10 in fossil fuel use, or capital improvements.’’. 

11 SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY 

12 GRANTS FOR INSTITUTIONS OF HIGHER EDU13 CATION. 

14 Part G of title III of the Energy Policy and Conserva15 tion Act is amended by inserting after section 399 (42 

16 U.S.C. 371h) the following: 

17 ‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY 

18 GRANTS FOR INSTITUTIONS OF HIGHER EDU19 CATION. 

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

21 ‘‘(1) ENERGY SUSTAINABILITY.—The term ‘en22 ergy sustainability’ includes using a renewable en23 ergy resource and a highly efficient technology for 

24 electricity generation, transportation, heating, or 

25 cooling. 


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1 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given the term in section 2 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 15801). 

5 ‘‘(b) GRANTS FOR ENERGY EFFICIENCY IMPROVE6 MENT.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall award 

8 not more than 100 grants to institutions of higher 

9 education to carry out projects to improve energy ef10 ficiency on the grounds and facilities of the institu11 tion of higher education, including not less than 1 

12 grant to an institution of higher education in each 

13 State. 

14 ‘‘(2) CONDITION.—As a condition of receiving a 

15 grant under this subsection, an institution of higher 

16 education shall agree to— 

17 ‘‘(A) implement a public awareness cam18 paign concerning the project in the community 

19 in which the institution of higher education is 

20 located; and 

21 ‘‘(B) submit to the Secretary, and make 

22 available to the public, reports on any efficiency 

23 improvements, energy cost savings, and environ24 mental benefits achieved as part of a project 

25 carried out under paragraph (1). 


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1 ‘‘(c) GRANTS FOR INNOVATION IN ENERGY SUSTAIN2 ABILITY.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall award 

4 not more than 250 grants to institutions of higher 

5 education to engage in innovative energy sustain6 ability projects, including not less than 2 grants to 

7 institutions of higher education in each State. 

8 ‘‘(2) INNOVATION PROJECTS.—An innovation 

9 project carried out with a grant under this sub10 section shall— 

11 ‘‘(A) involve— 

12 ‘‘(i) an innovative technology that is 

13 not yet commercially available; or 

14 ‘‘(ii) available technology in an inno15 vative application that maximizes energy 

16 efficiency and sustainability; 

17 ‘‘(B) have the greatest potential for testing 

18 or demonstrating new technologies or processes; 

19 and 

20 ‘‘(C) ensure active student participation in 

21 the project, including the planning, implementa22 tion, evaluation, and other phases of the 

23 project. 

24 ‘‘(3) CONDITION.—As a condition of receiving a 

25 grant under this subsection, an institution of higher 


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1 education shall agree to submit to the Secretary, 

2 and make available to the public, reports that de3 scribe the results of the projects carried out under 

4 paragraph (1). 

5 ‘‘(d) AWARDING OF GRANTS.— 

6 ‘‘(1) APPLICATION.—An institution of higher 

7 education that seeks to receive a grant under this 

8 section may submit to the Secretary an application 

9 for the grant at such time, in such form, and con10 taining such information as the Secretary may pre11 scribe. 

12 ‘‘(2) SELECTION.—The Secretary shall estab13 lish a committee to assist in the selection of grant 

14 recipients under this section. 

15 ‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER

16 EDUCATION WITH SMALL ENDOWMENTS.—Of the 

17 amount of grants provided for a fiscal year under this sec18 tion, the Secretary shall provide not less 50 percent of the 

19 amount to institutions of higher education that have an 

20 endowment of not more than $100,000,000, with 50 per21 cent of the allocation set aside for institutions of higher 

22 education that have an endowment of not more than 

23 $50,000,000. 

24 ‘‘(f) GRANT AMOUNTS.—The maximum amount of 

25 grants for a project under this section shall not exceed— 


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1 ‘‘(1) in the case of grants for energy efficiency 

2 improvement under subsection (b), $1,000,000; or 

3 ‘‘(2) in the case of grants for innovation in en4 ergy sustainability under subsection (c), $500,000. 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as are nec7 essary to carry out this section for each of fiscal years 

8 2008 through 2012.’’. 

9 SEC. 277. WORKFORCE TRAINING. 

10 Section 1101 of the Energy Policy Act of 2005 (42 

11 U.S.C. 16411) is amended— 

12 (1) by redesignating subsection (d) as sub13 section (e); and 

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

16 ‘‘(d) WORKFORCE TRAINING.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in coopera18 tion with the Secretary of Labor, shall promulgate 

19 regulations to implement a program to provide work20 force training to meet the high demand for workers 

21 skilled in the energy efficiency and renewable energy 

22 industries. 

23 ‘‘(2) CONSULTATION.—In carrying out this sub24 section, the Secretary shall consult with representa25 tives of the energy efficiency and renewable energy 


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1 industries concerning skills that are needed in those 

2 industries.’’. 

3 SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS 

4 IDLING. 

5 (a) STATEMENT OF POLICY.—Congress encourages 

6 each local educational agency (as defined in section 

7 9101(26) of the Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 7801(26))) that receives Federal funds 

9 under the Elementary and Secondary Education Act of 

10 1965 (20 U.S.C. 6301 et seq.) to develop a policy to re11 duce the incidence of school bus idling at schools while 

12 picking up and unloading students. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary, work15 ing in coordination with the Secretary of Education, 

16 $5,000,000 for each of fiscal years 2007 through 2012 

17 for use in educating States and local education agencies 

18 about— 

19 (1) benefits of reducing school bus idling; and 

20 (2) ways in which school bus idling may be re21 duced. 


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1 TITLE III—CARBON CAPTURE 

2 AND STORAGE RESEARCH, 

3 DEVELOPMENT, AND DEM4 ONSTRATION 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Carbon Capture and 

7 Sequestration Act of 2007’’. 

8 SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DE9 VELOPMENT, AND DEMONSTRATION PRO10 GRAM. 

11 Section 963 of the Energy Policy Act of 2005 (42 

12 U.S.C. 16293) is amended— 

13 (1) in the section heading, by striking ‘‘RE14 SEARCH AND DEVELOPMENT’’ and inserting 

15 ‘‘AND STORAGE RESEARCH, DEVELOPMENT, 

16 AND DEMONSTRATION’’; 

17 (2) in subsection (a)— 

18 (A) by striking ‘‘research and develop19 ment’’ and inserting ‘‘and storage research, de20 velopment, and demonstration’’; and 

21 (B) by striking ‘‘capture technologies on 

22 combustion-based systems’’ and inserting ‘‘cap23 ture and storage technologies related to energy 

24 systems’’; 

25 (3) in subsection (b)— 


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1 (A) in paragraph (3), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (4), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(5) to expedite and carry out large-scale test7 ing of carbon sequestration systems in a range of ge8 ological formations that will provide information on 

9 the cost and feasibility of deployment of sequestra10 tion technologies.’’; and 

11 (4) by striking subsection (c) and inserting the 

12 following: 

13 ‘‘(c) PROGRAMMATIC ACTIVITIES.— 

14 ‘‘(1) ENERGY RESEARCH AND DEVELOPMENT

15 UNDERLYING CARBON CAPTURE AND STORAGE

16 TECHNOLOGIES AND CARBON USE ACTIVITIES.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 carry out fundamental science and engineering 

19 research (including laboratory-scale experi20 ments, numeric modeling, and simulations) to 

21 develop and document the performance of new 

22 approaches to capture and store, recycle, or 

23 reuse carbon dioxide. 

24 ‘‘(B) PROGRAM INTEGRATION.—The Sec25 retary shall ensure that fundamental research 


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1 carried out under this paragraph is appro2 priately applied to energy technology develop3 ment activities, the field testing of carbon se4 questration, and carbon use activities, includ5 ing— 

6 ‘‘(i) development of new or improved 

7 technologies for the capture of carbon diox8 ide; 

9 ‘‘(ii) development of new or improved 

10 technologies that reduce the cost and in11 crease the efficacy of the compression of 

12 carbon dioxide required for the storage of 

13 carbon dioxide; 

14 ‘‘(iii) modeling and simulation of geo15 logical sequestration field demonstrations; 

16 ‘‘(iv) quantitative assessment of risks 

17 relating to specific field sites for testing of 

18 sequestration technologies; and 

19 ‘‘(v) research and development of new 

20 and improved technologies for carbon use, 

21 including recycling and reuse of carbon di22 oxide. 

23 ‘‘(2) CARBON CAPTURE DEMONSTRATION

24 PROJECT.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 carry out a demonstration of large-scale carbon 

3 dioxide capture from an appropriate gasification 

4 facility selected by the Secretary. 

5 ‘‘(B) LINK TO STORAGE ACTIVITIES.—The 

6 Secretary may require the use of carbon dioxide 

7 from the project carried out under subpara8 graph (A) in a field testing validation activity 

9 under this section. 

10 ‘‘(3) FIELD VALIDATION TESTING ACTIVI11 TIES.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 promote, to the maximum extent practicable, 

14 regional carbon sequestration partnerships to 

15 conduct geologic sequestration tests involving 

16 carbon dioxide injection and monitoring, mitiga17 tion, and verification operations in a variety of 

18 candidate geological settings, including— 

19 ‘‘(i) operating oil and gas fields; 

20 ‘‘(ii) depleted oil and gas fields; 

21 ‘‘(iii) unmineable coal seams; 

22 ‘‘(iv) deep saline formations; 

23 ‘‘(v) deep geological systems that may 

24 be used as engineered reservoirs to extract 

25 economical quantities of heat from geoVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 thermal resources of low permeability or 

2 porosity; and 

3 ‘‘(vi) deep geologic systems containing 

4 basalt formations. 

5 ‘‘(B) OBJECTIVES.—The objectives of tests 

6 conducted under this paragraph shall be— 

7 ‘‘(i) to develop and validate geo8 physical tools, analysis, and modeling to 

9 monitor, predict, and verify carbon dioxide 

10 containment; 

11 ‘‘(ii) to validate modeling of geological 

12 formations; 

13 ‘‘(iii) to refine storage capacity esti14 mated for particular geological formations; 

15 ‘‘(iv) to determine the fate of carbon 

16 dioxide concurrent with and following in17 jection into geological formations; 

18 ‘‘(v) to develop and implement best 

19 practices for operations relating to, and 

20 monitoring of, injection and storage of car21 bon dioxide in geologic formations; 

22 ‘‘(vi) to assess and ensure the safety 

23 of operations related to geological storage 

24 of carbon dioxide; and 


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1 ‘‘(vii) to allow the Secretary to pro2 mulgate policies, procedures, requirements, 

3 and guidance to ensure that the objectives 

4 of this subparagraph are met in large-scale 

5 testing and deployment activities for car6 bon capture and storage that are funded 

7 by the Department of Energy. 

8 ‘‘(4) LARGE-SCALE TESTING AND DEPLOY9 MENT.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 conduct not less than 7 initial large-volume se12 questration tests for geological containment of 

13 carbon dioxide (at least 1 of which shall be 

14 international in scope) to validate information 

15 on the cost and feasibility of commercial deploy16 ment of technologies for geological containment 

17 of carbon dioxide. 

18 ‘‘(B) DIVERSITY OF FORMATIONS TO BE

19 STUDIED.—In selecting formations for study 

20 under this paragraph, the Secretary shall con21 sider a variety of geological formations across 

22 the United States, and require characterization 

23 and modeling of candidate formations, as deter24 mined by the Secretary. 


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1 ‘‘(5) PREFERENCE IN PROJECT SELECTION

2 FROM MERITORIOUS PROPOSALS.—In making com3 petitive awards under this subsection, subject to the 

4 requirements of section 989, the Secretary shall give 

5 preference to proposals from partnerships among in6 dustrial, academic, and government entities. 

7 ‘‘(6) COST SHARING.—Activities under this sub8 section shall be considered research and development 

9 activities that are subject to the cost-sharing re10 quirements of section 988(b). 

11 ‘‘(7) PROGRAM REVIEW AND REPORT.—During 

12 fiscal year 2011, the Secretary shall— 

13 ‘‘(A) conduct a review of programmatic ac14 tivities carried out under this subsection; and 

15 ‘‘(B) make recommendations with respect 

16 to continuation of the activities. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this sec19 tion— 

20 ‘‘(1) $150,000,000 for fiscal year 2008; 

21 ‘‘(2) $200,000,000 for fiscal year 2009; 

22 ‘‘(3) $200,000,000 for fiscal year 2010; 

23 ‘‘(4) $180,000,000 for fiscal year 2011; and 

24 ‘‘(5) $165,000,000 for fiscal year 2012.’’. 


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1 SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESS2 MENT. 

3 (a) DEFINITIONS.—In this section 

4 (1) ASSESSMENT.—The term ‘‘assessment’’ 

5 means the national assessment of capacity for car6 bon dioxide completed under subsection (f). 

7 (2) CAPACITY.—The term ‘‘capacity’’ means the 

8 portion of a storage formation that can retain car9 bon dioxide in accordance with the requirements (in10 cluding physical, geological, and economic require11 ments) established under the methodology developed 

12 under subsection (b). 

13 (3) ENGINEERED HAZARD.—The term ‘‘engi14 neered hazard’’ includes the location and completion 

15 history of any well that could affect potential stor16 age. 

17 (4) RISK.—The term ‘‘risk’’ includes any risk 

18 posed by geomechanical, geochemical, 

19 hydrogeological, structural, and engineered hazards. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior, acting through the Di22 rector of the United States Geological Survey. 

23 (6) STORAGE FORMATION.—The term ‘‘storage 

24 formation’’ means a deep saline formation, 

25 unmineable coal seam, or oil or gas reservoir that is 


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1 capable of accommodating a volume of industrial 

2 carbon dioxide. 

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

4 date of enactment of this Act, the Secretary shall develop 

5 a methodology for conducting an assessment under sub6 section (f), taking into consideration— 

7 (1) the geographical extent of all potential stor8 age formations in all States; 

9 (2) the capacity of the potential storage forma10 tions; 

11 (3) the injectivity of the potential storage for12 mations; 

13 (4) an estimate of potential volumes of oil and 

14 gas recoverable by injection and storage of industrial 

15 carbon dioxide in potential storage formations; 

16 (5) the risk associated with the potential stor17 age formations; and 

18 (6) the Carbon Sequestration Atlas of the 

19 United States and Canada that was completed by 

20 the Department of Energy in April 2006. 

21 (c) COORDINATION.— 

22 (1) FEDERAL COORDINATION.— 

23 (A) CONSULTATION.—The Secretary shall 

24 consult with the Secretary of Energy and the 

25 Administrator of the Environmental Protection 


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1 Agency on issues of data sharing, format, devel2 opment of the methodology, and content of the 

3 assessment required under this title to ensure 

4 the maximum usefulness and success of the as5 sessment. 

6 (B) COOPERATION.—The Secretary of En7 ergy and the Administrator shall cooperate with 

8 the Secretary to ensure, to the maximum extent 

9 practicable, the usefulness and success of the 

10 assessment. 

11 (2) STATE COORDINATION.—The Secretary 

12 shall consult with State geological surveys and other 

13 relevant entities to ensure, to the maximum extent 

14 practicable, the usefulness and success of the assess15 ment. 

16 (d) EXTERNAL REVIEW AND PUBLICATION.—On 

17 completion of the methodology under subsection (b), the 

18 Secretary shall— 

19 (1) publish the methodology and solicit com20 ments from the public and the heads of affected 

21 Federal and State agencies; 

22 (2) establish a panel of individuals with exper23 tise in the matters described in paragraphs (1) 

24 through (5) of subsection (b) composed, as appro25 priate, of representatives of Federal agencies, instiVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 tutions of higher education, nongovernmental organi2 zations, State organizations, industry, and inter3 national geoscience organizations to review the 

4 methodology and comments received under para5 graph (1); and 

6 (3) on completion of the review under para7 graph (2), publish in the Federal Register the re8 vised final methodology. 

9 (e) PERIODIC UPDATES.—The methodology devel10 oped under this section shall be updated periodically (in11 cluding at least once every 5 years) to incorporate new 

12 data as the data becomes available. 

13 (f) NATIONAL ASSESSMENT.— 

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

15 the date of publication of the methodology under 

16 subsection (d)(1), the Secretary, in consultation with 

17 the Secretary of Energy and State geological sur18 veys, shall complete a national assessment of capac19 ity for carbon dioxide in accordance with the meth20 odology. 

21 (2) GEOLOGICAL VERIFICATION.—As part of 

22 the assessment under this subsection, the Secretary 

23 shall carry out a drilling program to supplement the 

24 geological data relevant to determining storage caVerDate Aug 31 2005 04:06 May 08, 2007 Jkt 059200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S1321.PCS S1321

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1 pacity of carbon dioxide in geological storage forma2 tions, including— 

3 (A) well log data; 

4 (B) core data; and 

5 (C) fluid sample data. 

6 (3) PARTNERSHIP WITH OTHER DRILLING PRO7 GRAMS.—As part of the drilling program under 

8 paragraph (2), the Secretary shall enter, as appro9 priate, into partnerships with other entities to collect 

10 and integrate data from other drilling programs rel11 evant to the storage of carbon dioxide in geologic 

12 formations. 

13 (4) INCORPORATION INTO NATCARB.— 

14 (A) IN GENERAL.—On completion of the 

15 assessment, the Secretary of Energy shall incor16 porate the results of the assessment using the 

17 NatCarb database, to the maximum extent 

18 practicable. 

19 (B) RANKING.—The database shall include 

20 the data necessary to rank potential storage 

21 sites for capacity and risk, across the United 

22 States, within each State, by formation, and 

23 within each basin. 

24 (5) REPORT.—Not later than 180 days after 

25 the date on which the assessment is completed, the 


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1 Secretary shall submit to the Committee on Energy 

2 and Natural Resources of the Senate and the Com3 mittee on Science and Technology of the House of 

4 Representatives a report describing the findings 

5 under the assessment. 

6 (6) PERIODIC UPDATES.—The national assess7 ment developed under this section shall be updated 

8 periodically (including at least once every 5 years) to 

9 support public and private sector decisionmaking. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $30,000,000 for the period of fiscal years 2008 through 

13 2012. 

14 SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE. 

15 (a) INDUSTRIAL SOURCES OF CARBON DIOXIDE DE16 FINED.—In this section, the term ‘‘industrial sources of 

17 carbon dioxide’’ means one or more facilities to— 

18 (1) generate electric energy from fossil fuels; 

19 (2) refine petroleum; 

20 (3) manufacture iron or steel; 

21 (4) manufacture cement or cement clinker; 

22 (5) manufacture commodity chemicals (includ23 ing from coal gasification); or 

24 (6) manufacture transportation fuels from coal. 

25 (b) PROGRAM ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The Secretary shall carry 

2 out a program to demonstrate technologies for the 

3 large-scale capture of carbon dioxide from industrial 

4 sources of carbon dioxide. 

5 (2) SCOPE OF AWARD.—An award under this 

6 section shall be only for the portion of the project 

7 that carries out the large-scale capture (including 

8 purification and compression) of carbon dioxide, as 

9 well as the cost of transportation and injection of 

10 carbon dioxide. 

11 (3) QUALIFICATIONS FOR AWARD.—To be eligi12 ble for an award under this section, a project pro13 posal must include the following: 

14 (A) CAPACITY.—The capture of not less 

15 than eighty-five percent of the produced carbon 

16 dioxide at the facility, and not less than 

17 500,000 short tons of carbon dioxide per year. 

18 (B) STORAGE AGREEMENT.—A binding 

19 agreement for the storage of all of the captured 

20 carbon dioxide in— 

21 (i) a field testing validation activity 

22 under section 963 of the Energy Policy Act 

23 of 2005, as amended by this Act; or 

24 (ii) other geological storage projects 

25 approved by the Secretary. 


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1 (C) PURITY LEVEL.—A purity level of at 

2 least 95 percent for the captured carbon dioxide 

3 delivered for storage. 

4 (D) COMMITMENT TO CONTINUED OPER5 ATION OF SUCCESSFUL UNIT.—If the project 

6 successfully demonstrates capture and storage 

7 of carbon dioxide, a commitment to continued 

8 capture and storage of carbon dioxide after the 

9 conclusion of the demonstration. 

10 (4) COST-SHARING.—The cost-sharing require11 ments of section 988 of the Energy Policy Act of 

12 2005 shall apply to this section. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to carry 

15 out this section $100,000,000 per year for fiscal years 

16 2009 through 2013. 


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Calendar No. 140 

110TH CONGRESS 

1ST SESSION S. 1321 

[Report No. 110

–65] 

A BILL 

To enhance the energy security of the United 

purposes. and carbon capture and storage, and for other States by promoting biofuels, energy efficiency, 

MAY 7, 2007 

Read twice and placed on the calendar 


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