II 

Calendar No. 156 

110TH CONGRESS 

1ST SESSION S. 1419 

To move the United States toward greater energy independence and security, 

to increase the production of clean renewable fuels, to protect consumers 

from price gouging, to increase the energy efficiency of products, buildings, and vehicles, to promote research on and deploy greenhouse gas 

capture and storage options, and to improve the energy performance 

of the Federal Government, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2007 

Mr. REID introduced the following bill; which was read twice and ordered to 

be placed on the calendar 

A BILL 

To move the United States toward greater energy independence and security, to increase the production of clean 

renewable fuels, to protect consumers from price gouging, 

to increase the energy efficiency of products, buildings, 

and vehicles, to promote research on and deploy greenhouse gas capture and storage options, and to improve 

the energy performance of the Federal Government, and 

for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Renewable Fuels, Consumer Protection, and Energy Ef4 ficiency Act of 2007’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Relationship to other law. 

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. 


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TITLE II—ENERGY EFFICIENCY PROMOTION 

Sec. 201. Short title. 

Sec. 202. Definition of Secretary. 

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 

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. 


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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. 

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. 

TITLE IV—PUBLIC BUILDINGS COST REDUCTION 

Sec. 401. Short title. 

Sec. 402. Cost-effective technology acceleration program. 

Sec. 403. Environmental Protection Agency demonstration grant program for 

local governments. 

Sec. 404. Definitions. 

TITLE V—CORPORATE AVERAGE FUEL ECONOMY STANDARDS 

Sec. 501. Short title. 

Sec. 502. Average fuel economy standards for automobiles, medium-duty 

trucks, and heavy duty trucks. 

Sec. 503. Amending fuel economy standards. 

Sec. 504. Definitions. 

Sec. 505. Ensuring safety of automobiles. 

Sec. 506. Credit trading program. 

Sec. 507. Labels for fuel economy and greenhouse gas emissions. 

Sec. 508. Continued applicability of existing standards. 

Sec. 509. National Academy of Sciences studies. 

Sec. 510. Standards for Executive agency automobiles. 

Sec. 511. Ensuring availability of flexible fuel automobiles. 

Sec. 512. Increasing consumer awareness of flexible fuel automobiles. 

Sec. 513. Periodic review of accuracy of fuel economy labeling procedures. 

Sec. 514. Tire fuel efficiency consumer information. 

Sec. 515. Advanced Battery Initiative. 

Sec. 516. Biodiesel standards. 

Sec. 517. Use of civil penalties for research and development. 

Sec. 518. Authorization of appropriations. 

TITLE VI—PRICE GOUGING 


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Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Prohibition on price gouging during Energy emergencies. 

Sec. 604. Prohibition on market manipulation. 

Sec. 605. Prohibition on false information. 

Sec. 606. Presidential declaration of Energy emergency. 

Sec. 607. Enforcement by the Federal Trade Commission. 

Sec. 608. Enforcement by State Attorneys General. 

Sec. 609. Penalties. 

Sec. 610. Effect on other laws. 

TITLE VII—ENERGY DIPLOMACY AND SECURITY 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Sense of Congress on energy diplomacy and security. 

Sec. 704. Strategic energy partnerships. 

Sec. 705. International energy crisis response mechanisms. 

Sec. 706. Hemisphere energy cooperation forum. 

Sec. 707. Appropriate congressional committees defined. 

1 SEC. 2. RELATIONSHIP TO OTHER LAW. 

2 Except to the extent expressly provided in this Act 

3 or an amendment made by this Act, nothing in this Act 

4 or an amendment made by this Act supersedes, limits the 

5 authority provided or responsibility conferred by, or au6 thorizes any violation of any provision of law (including 

7 a regulation), including any energy or environmental law 

8 or regulation. 

9 TITLE I—BIOFUELS FOR ENERGY 

10 SECURITY AND TRANSPOR11 TATION 

12 SEC. 101. SHORT TITLE. 

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

14 Security and Transportation Act of 2007’’. 

15 SEC. 102. DEFINITIONS. 

16 In this title: 


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1 (1) ADVANCED BIOFUEL.— 

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

3 biofuel’’ means fuel derived from renewable bio4 mass other than corn starch. 

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

6 biofuel’’ includes— 

7 (i) ethanol derived from cellulose, 

8 hemicellulose, or lignin; 

9 (ii) ethanol derived from sugar or 

10 starch, other than ethanol derived from 

11 corn starch; 

12 (iii) ethanol derived from waste mate13 rial, including crop residue, other vegeta14 tive waste material, animal waste, and food 

15 waste and yard waste; 

16 (iv) diesel-equivalent fuel derived from 

17 renewable biomass, including vegetable oil 

18 and animal fat; 

19 (v) biogas produced through the con20 version of organic matter from renewable 

21 biomass; and 

22 (vi) butanol or higher alcohols pro23 duced through the conversion of organic 

24 matter from renewable biomass. 


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1 (2) CELLULOSIC BIOMASS ETHANOL.—The 

2 term ‘‘cellulosic biomass ethanol’’ means ethanol de3 rived from any cellulose, hemicellulose, or lignin that 

4 is derived from renewable biomass. 

5 (3) CONVENTIONAL BIOFUEL.—The term ‘‘con6 ventional biofuel’’ means ethanol derived from corn 

7 starch. 

8 (4) RENEWABLE BIOMASS.—The term ‘‘renew9 able biomass’’ means— 

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

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

12 15855)) (excluding the bole of old-growth trees 

13 of a forest from the late successional state of 

14 forest development) that is harvested where 

15 permitted by law and in accordance with appli16 cable land management plans from— 

17 (i) National Forest System land; or 

18 (ii) public lands (as defined in section 

19 103 of the Federal Land Policy and Man20 agement Act of 1976 (43 U.S.C. 1702)); 

21 or 

22 (B) any organic matter that is available on 

23 a renewable or recurring basis from non-Fed24 eral land or from land belonging to an Indian 

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


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1 trust by the United States or subject to a re2 striction against alienation imposed by the 

3 United States, including— 

4 (i) renewable plant material, includ5 ing— 

6 (I) feed grains; 

7 (II) other agricultural commod8 ities; 

9 (III) other plants and trees; and 

10 (IV) algae; and 

11 (ii) waste material, including— 

12 (I) crop residue; 

13 (II) other vegetative waste mate14 rial (including wood waste and wood 

15 residues); 

16 (III) animal waste and byprod17 ucts (including fats, oils, greases, and 

18 manure); and 

19 (IV) food waste and yard waste. 

20 (5) RENEWABLE FUEL.— 

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

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

23 home heating fuel that is— 

24 (i) produced from renewable biomass; 

25 and 


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1 (ii) used to replace or reduce the 

2 quantity of fossil fuel present in a fuel or 

3 fuel mixture used to operate a motor vehi4 cle, boiler, or furnace. 

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

6 fuel’’ includes— 

7 (i) conventional biofuel; and 

8 (ii) advanced biofuel. 

9 (6) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy 

11 (7) SMALL REFINERY.—The term ‘‘small refin12 ery’’ means a refinery for which the average aggre13 gate daily crude oil throughput for a calendar year 

14 (as determined by dividing the aggregate throughput 

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

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

17 Subtitle A—Renewable Fuel 

18 Standard 

19 SEC. 111. RENEWABLE FUEL STANDARD. 

20 (a) RENEWABLE FUEL PROGRAM.— 

21 (1) REGULATIONS.— 

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

23 after the date of enactment of this Act, the 

24 President shall promulgate regulations to en25 sure that motor vehicle fuel, home heating oil, 


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1 and boiler fuel sold or introduced into com2 merce in the United States (except in non3 contiguous States or territories), on an annual 

4 average basis, contains the applicable volume of 

5 renewable fuel determined in accordance with 

6 paragraph (2). 

7 (B) PROVISIONS OF REGULATIONS.—Re8 gardless of the date of promulgation, the regu9 lations promulgated under subparagraph (A)— 

10 (i) shall contain compliance provisions 

11 applicable to refineries, blenders, distribu12 tors, and importers, as appropriate, to en13 sure that— 

14 (I) the requirements of this sub15 section are met; and 

16 (II) renewable fuels produced 

17 from facilities built after the date of 

18 enactment of this Act achieve at least 

19 a 20 percent reduction in life cycle 

20 greenhouse gas emissions compared to 

21 gasoline; but 

22 (ii) shall not— 

23 (I) restrict geographic areas in 

24 the contiguous United States in which 

25 renewable fuel may be used; or 


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1 (II) impose any per-gallon obliga2 tion for the use of renewable fuel. 

3 (C) RELATIONSHIP TO OTHER REGULA4 TIONS.—Regulations promulgated under this 

5 paragraph shall, to the maximum extent prac6 ticable, incorporate the program structure, com7 pliance, and reporting requirements established 

8 under the final regulations promulgated to im9 plement the renewable fuel program established 

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

11 of the Energy Policy Act of 2005 (Public Law 

12 109–58; 119 Stat. 1067). 

13 (2) APPLICABLE VOLUME.— 

14 (A) CALENDAR YEARS 2008 THROUGH

15 2022.— 

16 (i) RENEWABLE FUEL.—For the pur17 pose of paragraph (1), subject to clause 

18 (ii), the applicable volume for any of cal19 endar years 2008 through 2022 shall be 

20 determined in accordance with the fol21 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


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Applicable volume of 

renewable fuel

Calendar year: (in billions of gallons): 

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. 

1 (ii) ADVANCED BIOFUELS.—For the 

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

3 renewable fuel required under clause (i), 

4 the applicable volume for any of calendar 

5 years 2016 through 2022 for advanced 

6 biofuels shall be determined in accordance 

7 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. 

8 (B) CALENDAR YEAR 2023 AND THERE9 AFTER.—Subject to subparagraph (C), for the 

10 purposes of paragraph (1), the applicable vol11 ume for calendar year 2023 and each calendar 

12 year thereafter shall be determined by the 

13 President, in coordination with the Secretary of 

14 Energy, the Secretary of Agriculture, and the 

15 Administrator of the Environmental Protection 


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1 Agency, based on a review of the implementa2 tion of the program during calendar years 2007 

3 through 2022, including a review of— 

4 (i) the impact of renewable fuels on 

5 the energy security of the United States; 

6 (ii) the expected annual rate of future 

7 production of renewable fuels, including 

8 advanced biofuels; 

9 (iii) the impact of renewable fuels on 

10 the infrastructure of the United States, in11 cluding deliverability of materials, goods, 

12 and products other than renewable fuel, 

13 and the sufficiency of infrastructure to de14 liver renewable fuel; and 

15 (iv) the impact of the use of renewable 

16 fuels on other factors, including job cre17 ation, the price and supply of agricultural 

18 commodities, rural economic development, 

19 and the environment. 

20 (C) MINIMUM APPLICABLE VOLUME.—Sub21 ject to subparagraph (D), for the purpose of 

22 paragraph (1), the applicable volume for cal23 endar year 2023 and each calendar year there24 after shall be equal to the product obtained by 

25 multiplying— 


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1 (i) the number of gallons of gasoline 

2 that the President estimates will be sold or 

3 introduced into commerce in the calendar 

4 year; and 

5 (ii) the ratio that— 

6 (I) 36,000,000,000 gallons of re7 newable fuel; bears to 

8 (II) the number of gallons of gas9 oline sold or introduced into com10 merce in calendar year 2022. 

11 (D) MINIMUM PERCENTAGE OF ADVANCED

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

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

14 the minimum applicable volume for calendar 

15 year 2023 and each calendar year thereafter 

16 shall be advanced biofuel. 

17 (b) APPLICABLE PERCENTAGES.— 

18 (1) PROVISION OF ESTIMATE OF VOLUMES OF

19 GASOLINE SALES.—Not later than October 31 of 

20 each of calendar years 2008 through 2021, the Ad21 ministrator of the Energy Information Administra22 tion shall provide to the President an estimate, with 

23 respect to the following calendar year, of the vol24 umes of gasoline projected to be sold or introduced 

25 into commerce in the United States. 


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1 (2) DETERMINATION OF APPLICABLE PERCENT2 AGES.— 

3 (A) IN GENERAL.—Not later than Novem4 ber 30 of each of calendar years 2008 through 

5 2022, based on the estimate provided under 

6 paragraph (1), the President shall determine 

7 and publish in the Federal Register, with re8 spect to the following calendar year, the renew9 able fuel obligation that ensures that the re10 quirements of subsection (a) are met. 

11 (B) REQUIRED ELEMENTS.—The renew12 able fuel obligation determined for a calendar 

13 year under subparagraph (A) shall— 

14 (i) be applicable to refineries, blend15 ers, and importers, as appropriate; 

16 (ii) be expressed in terms of a volume 

17 percentage of gasoline sold or introduced 

18 into commerce in the United States; and 

19 (iii) subject to paragraph (3)(A), con20 sist of a single applicable percentage that 

21 applies to all categories of persons speci22 fied in clause (i). 

23 (3) ADJUSTMENTS.—In determining the appli24 cable percentage for a calendar year, the President 

25 shall make adjustments— 


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1 (A) to prevent the imposition of redundant 

2 obligations on any person specified in para3 graph (2)(B)(i); and 

4 (B) to account for the use of renewable 

5 fuel during the previous calendar year by small 

6 refineries that are exempt under subsection (g). 

7 (c) VOLUME CONVERSION FACTORS FOR RENEW8 ABLE FUELS BASED ON ENERGY CONTENT OR REQUIRE9 MENTS.— 

10 (1) IN GENERAL.—For the purpose of sub11 section (a), the President shall assign values to spe12 cific types of advanced biofuels for the purpose of 

13 satisfying the fuel volume requirements of subsection 

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

15 (2) ENERGY CONTENT RELATIVE TO ETH16 ANOL.—For advanced biofuel, 1 gallon of the ad17 vanced biofuel shall be considered to be the equiva18 lent of 1 gallon of renewable fuel multiplied by the 

19 ratio that— 

20 (A) the number of British thermal units of 

21 energy produced by the combustion of 1 gallon 

22 of the advanced biofuel (as measured under 

23 conditions determined by the Secretary); bears 

24 to 


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1 (B) the number of British thermal units of 

2 energy produced by the combustion of 1 gallon 

3 of pure ethanol (as measured under conditions 

4 determined by the Secretary to be comparable 

5 to conditions described in subparagraph (A)). 

6 (3) TRANSITIONAL ENERGY-RELATED CONVER7 SION FACTORS FOR CELLULOSIC BIOMASS ETH8 ANOL.—For any of calendar years 2008 through 

9 2015, 1 gallon of cellulosic biomass ethanol shall be 

10 considered to be the equivalent of 2.5 gallons of re11 newable fuel. 

12 (d) CREDIT PROGRAM.— 

13 (1) IN GENERAL.—The President, in consulta14 tion with the Secretary and the Administrator of the 

15 Environmental Protection Agency, shall implement a 

16 credit program to manage the renewable fuel re17 quirement of this section in a manner consistent 

18 with the credit program established by the amend19 ment made by section 1501(a)(2) of the Energy Pol20 icy Act of 2005 (Public Law 109–58; 119 Stat. 

21 1067). 

22 (2) MARKET TRANSPARENCY.—In carrying out 

23 the credit program under this subsection, the Presi24 dent shall facilitate price transparency in markets 

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


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1 the public interest, the integrity of those markets, 

2 fair competition, and the protection of consumers 

3 and agricultural producers. 

4 (e) SEASONAL VARIATIONS IN RENEWABLE FUEL

5 USE.— 

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

7 through 2022, the Administrator of the Energy In8 formation Administration shall conduct a study of 

9 renewable fuel blending to determine whether there 

10 are excessive seasonal variations in the use of renew11 able fuel. 

12 (2) REGULATION OF EXCESSIVE SEASONAL

13 VARIATIONS.—If, for any calendar year, the Admin14 istrator of the Energy Information Administration, 

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

16 determinations specified in paragraph (3), the Presi17 dent shall promulgate regulations to ensure that 25 

18 percent or more of the quantity of renewable fuel 

19 necessary to meet the requirements of subsection (a) 

20 is used during each of the 2 periods specified in 

21 paragraph (4) of each subsequent calendar year. 

22 (3) DETERMINATIONS.—The determinations re23 ferred to in paragraph (2) are that— 

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

25 renewable fuel necessary to meet the requireVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ments of subsection (a) has been used during 1 

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

3 the calendar year; 

4 (B) a pattern of excessive seasonal vari5 ation described in subparagraph (A) will con6 tinue in subsequent calendar years; and 

7 (C) promulgating regulations or other re8 quirements to impose a 25 percent or more sea9 sonal use of renewable fuels will not signifi10 cantly— 

11 (i) increase the price of motor fuels to 

12 the consumer; or 

13 (ii) prevent or interfere with the at14 tainment of national ambient air quality 

15 standards. 

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

17 subsection are— 

18 (A) April through September; and 

19 (B) January through March and October 

20 through December. 

21 (f) WAIVERS.— 

22 (1) IN GENERAL.—The President, in consulta23 tion with the Secretary of Energy, the Secretary of 

24 Agriculture, and the Administrator of the Environ25 mental Protection Agency, may waive the requireVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ments of subsection (a) in whole or in part on peti2 tion by one or more States by reducing the national 

3 quantity of renewable fuel required under subsection 

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

5 (after public notice and opportunity for comment), 

6 that— 

7 (A) implementation of the requirement 

8 would severely harm the economy or environ9 ment of a State, a region, or the United States; 

10 or 

11 (B) extreme and unusual circumstances 

12 exist that prevent distribution of an adequate 

13 supply of domestically-produced renewable fuel 

14 to consumers in the United States. 

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

16 in consultation with the Secretary of Energy, the 

17 Secretary of Agriculture, and the Administrator of 

18 the Environmental Protection Agency, shall approve 

19 or disapprove a State petition for a waiver of the re20 quirements of subsection (a) within 90 days after 

21 the date on which the petition is received by the 

22 President. 

23 (3) TERMINATION OF WAIVERS.—A waiver 

24 granted under paragraph (1) shall terminate after 1 

25 year, but may be renewed by the President after 


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1 consultation with the Secretary of Energy, the Sec2 retary of Agriculture, and the Administrator of the 

3 Environmental Protection Agency. 

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

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

6 railroad transportation of domestically-produced re7 newable fuel is inadequate, based on either the serv8 ice provided by, or the price of, the railroad trans9 portation, the President shall submit to Congress a 

10 report that describes— 

11 (A) the actions the Federal Government is 

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

13 including a description of the specific powers of 

14 the applicable Federal agencies; and 

15 (B) if the President finds that there are 

16 inadequate Federal powers to address the rail17 road service or pricing inadequacies, rec18 ommendations for legislation to provide appro19 priate powers to Federal agencies to address 

20 the inadequacies. 

21 (g) SMALL REFINERIES.— 

22 (1) TEMPORARY EXEMPTION.— 

23 (A) IN GENERAL.—The requirements of 

24 subsection (a) shall not apply to— 


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1 (i) small refineries (other than a small 

2 refinery described in clause (ii)) until cal3 endar year 2013; and 

4 (ii) small refineries owned by a small 

5 business refiner (as defined in section 

6 45H(c) of the Internal Revenue Code of 

7 1986) until calendar year 2015. 

8 (B) EXTENSION OF EXEMPTION.— 

9 (i) STUDY BY SECRETARY.—Not later 

10 than December 31, 2008, the Secretary 

11 shall submit to the President and Congress 

12 a report describing the results of a study 

13 to determine whether compliance with the 

14 requirements of subsection (a) would im15 pose a disproportionate economic hardship 

16 on small refineries. 

17 (ii) EXTENSION OF EXEMPTION.—In 

18 the case of a small refinery that the Sec19 retary determines under clause (i) would 

20 be subject to a disproportionate economic 

21 hardship if required to comply with sub22 section (a), the President shall extend the 

23 exemption under subparagraph (A) for the 

24 small refinery for a period of not less than 

25 2 additional years. 


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1 (2) PETITIONS BASED ON DISPROPORTIONATE

2 ECONOMIC HARDSHIP.— 

3 (A) EXTENSION OF EXEMPTION.—A small 

4 refinery may at any time petition the President 

5 for an extension of the exemption under para6 graph (1) for the reason of disproportionate 

7 economic hardship. 

8 (B) EVALUATION OF PETITIONS.—In eval9 uating a petition under subparagraph (A), the 

10 President, in consultation with the Secretary, 

11 shall consider the findings of the study under 

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

13 (C) DEADLINE FOR ACTION ON PETI14 TIONS.—The President shall act on any petition 

15 submitted by a small refinery for a hardship ex16 emption not later than 90 days after the date 

17 of receipt of the petition. 

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

19 refinery shall be subject to the requirements of sub20 section (a) if the small refinery notifies the Presi21 dent that the small refinery waives the exemption 

22 under paragraph (1). 

23 (h) PENALTIES AND ENFORCEMENT.— 

24 (1) CIVIL PENALTIES.— 


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1 (A) IN GENERAL.—Any person that vio2 lates a regulation promulgated under subsection 

3 (a), or that fails to furnish any information re4 quired under such a regulation, shall be liable 

5 to the United States for a civil penalty of not 

6 more than the total of— 

7 (i) $25,000 for each day of the viola8 tion; and 

9 (ii) the amount of economic benefit or 

10 savings received by the person resulting 

11 from the violation, as determined by the 

12 President. 

13 (B) COLLECTION.—Civil penalties under 

14 subparagraph (A) shall be assessed by, and col15 lected in a civil action brought by, the Secretary 

16 or such other officer of the United States as is 

17 designated by the President. 

18 (2) INJUNCTIVE AUTHORITY.— 

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

20 the United States shall have jurisdiction to— 

21 (i) restrain a violation of a regulation 

22 promulgated under subsection (a); 

23 (ii) award other appropriate relief; 

24 and 


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1 (iii) compel the furnishing of informa2 tion required under the regulation. 

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

4 violations and compel such actions shall be 

5 brought by and in the name of the United 

6 States. 

7 (C) SUBPOENAS.—In the action, a sub8 poena for a witness who is required to attend 

9 a district court in any district may apply in any 

10 other district. 

11 (i) VOLUNTARY LABELING PROGRAM.— 

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

13 criteria for a system of voluntary labeling of renew14 able fuels based on life cycle greenhouse gas emis15 sions. 

16 (2) CONSUMER EDUCATION.—The President 

17 shall ensure that the labeling system under this sub18 section provides useful information to consumers 

19 making fuel purchases. 

20 (3) FLEXIBILITY.—In carrying out this sub21 section, the President may establish more than 1 

22 label, as appropriate. 

23 (j) EFFECTIVE DATE.—Except as otherwise specifi24 cally provided in this section, this section takes effect on 

25 January 1, 2008. 


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1 SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RE2 NEWABLE ENERGY. 

3 (a) DEFINITIONS.—In this section: 

4 (1) FACILITY.—The term ‘‘facility’’ means a fa5 cility used for the production of renewable fuel. 

6 (2) RENEWABLE ENERGY.— 

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

8 energy’’ has the meaning given the term in sec9 tion 203(b) of the Energy Policy Act of 2005 

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

11 (B) INCLUSION.—The term ‘‘renewable en12 ergy’’ includes biogas produced through the 

13 conversion of organic matter from renewable 

14 biomass. 

15 (b) ADDITIONAL CREDIT.— 

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

17 a credit under the program established under section 

18 111(d) to the owner of a facility that uses renewable 

19 energy to displace more than 90 percent of the fossil 

20 fuel normally used in the production of renewable 

21 fuel. 

22 (2) CREDIT AMOUNT.—The President may pro23 vide the credit in a quantity that is not more than 

24 the equivalent of 1.5 gallons of renewable fuel for 

25 each gallon of renewable fuel produced in a facility 

26 described in paragraph (1). 


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1 Subtitle B—Renewable Fuels 

2 Infrastructure 

3 SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEW4 ABLE FUELS. 

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

6 with the Secretary of Transportation and the Adminis7 trator of the Environmental Protection Agency, shall es8 tablish a competitive grant pilot program (referred to in 

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

10 through the Vehicle Technology Deployment Program of 

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

12 geographically-dispersed project grants to State govern13 ments, Indian tribal governments, local governments, met14 ropolitan transportation authorities, or partnerships of 

15 those entities to carry out 1 or more projects for the pur16 poses described in subsection (b). 

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

18 shall be used for the establishment of refueling infrastruc19 ture corridors, as designated by the Secretary, for gasoline 

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

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

22 at least 10 percent renewable fuel, including— 

23 (1) installation of infrastructure and equipment 

24 necessary to ensure adequate distribution of renew25 able fuels within the corridor; 


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1 (2) installation of infrastructure and equipment 

2 necessary to directly support vehicles powered by re3 newable fuels; and 

4 (3) operation and maintenance of infrastructure 

5 and equipment installed as part of a project funded 

6 by the grant. 

7 (c) APPLICATIONS.— 

8 (1) REQUIREMENTS.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), not later than 90 days after the date 

11 of enactment of this Act, the Secretary shall 

12 issue requirements for use in applying for 

13 grants under the pilot program. 

14 (B) MINIMUM REQUIREMENTS.—At a min15 imum, the Secretary shall require that an appli16 cation for a grant under this section— 

17 (i) be submitted by— 

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

19 local government or a metropolitan 

20 transportation authority, or any com21 bination of those entities; and 

22 (II) a registered participant in 

23 the Vehicle Technology Deployment 

24 Program of the Department of En25 ergy; and 


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1 (ii) include— 

2 (I) a description of the project 

3 proposed in the application, including 

4 the ways in which the project meets 

5 the requirements of this section; 

6 (II) an estimate of the degree of 

7 use of the project, including the esti8 mated size of fleet of vehicles operated 

9 with renewable fuel available within 

10 the geographic region of the corridor, 

11 measured as a total quantity and a 

12 percentage; 

13 (III) an estimate of the potential 

14 petroleum displaced as a result of the 

15 project (measured as a total quantity 

16 and a percentage), and a plan to col17 lect and disseminate petroleum dis18 placement and other relevant data re19 lating to the project to be funded 

20 under the grant, over the expected life 

21 of the project; 

22 (IV) a description of the means 

23 by which the project will be sustain24 able without Federal assistance after 


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1 the completion of the term of the 

2 grant; 

3 (V) a complete description of the 

4 costs of the project, including acquisi5 tion, construction, operation, and 

6 maintenance costs over the expected 

7 life of the project; and 

8 (VI) a description of which costs 

9 of the project will be supported by 

10 Federal assistance under this sub11 section. 

12 (2) PARTNERS.—An applicant under paragraph 

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

14 in partnership with public and private entities. 

15 (d) SELECTION CRITERIA.—In evaluating applica16 tions under the pilot program, the Secretary shall— 

17 (1) consider the experience of each applicant 

18 with previous, similar projects; and 

19 (2) give priority consideration to applications 

20 that— 

21 (A) are most likely to maximize displace22 ment of petroleum consumption, measured as a 

23 total quantity and a percentage; 


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1 (B) are best able to incorporate existing 

2 infrastructure while maximizing, to the extent 

3 practicable, the use of advanced biofuels; 

4 (C) demonstrate the greatest commitment 

5 on the part of the applicant to ensure funding 

6 for the proposed project and the greatest likeli7 hood that the project will be maintained or ex8 panded after Federal assistance under this sub9 section is completed; 

10 (D) represent a partnership of public and 

11 private entities; and 

12 (E) exceed the minimum requirements of 

13 subsection (c)(1)(B). 

14 (e) PILOT PROJECT REQUIREMENTS.— 

15 (1) MAXIMUM AMOUNT.—The Secretary shall 

16 provide not more than $20,000,000 in Federal as17 sistance under the pilot program to any applicant. 

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

19 the cost of any activity relating to renewable fuel in20 frastructure development carried out using funds 

21 from a grant under this section shall be not less 

22 than 20 percent. 

23 (3) MAXIMUM PERIOD OF GRANTS.—The Sec24 retary shall not provide funds to any applicant under 

25 the pilot program for more than 2 years. 


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1 (4) DEPLOYMENT AND DISTRIBUTION.—The 

2 Secretary shall seek, to the maximum extent prac3 ticable, to ensure a broad geographic distribution of 

4 project sites funded by grants under this section. 

5 (5) TRANSFER OF INFORMATION AND KNOWL6 EDGE.—The Secretary shall establish mechanisms to 

7 ensure that the information and knowledge gained 

8 by participants in the pilot program are transferred 

9 among the pilot program participants and to other 

10 interested parties, including other applicants that 

11 submitted applications. 

12 (f) SCHEDULE.— 

13 (1) INITIAL GRANTS.— 

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

15 after the date of enactment of this Act, the Sec16 retary shall publish in the Federal Register, 

17 Commerce Business Daily, and such other pub18 lications as the Secretary considers to be appro19 priate, a notice and request for applications to 

20 carry out projects under the pilot program. 

21 (B) DEADLINE.—An application described 

22 in subparagraph (A) shall be submitted to the 

23 Secretary by not later than 180 days after the 

24 date of publication of the notice under that sub25 paragraph. 


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1 (C) INITIAL SELECTION.—Not later than 

2 90 days after the date by which applications for 

3 grants are due under subparagraph (B), the 

4 Secretary shall select by competitive, peer-re5 viewed proposal up to 5 applications for 

6 projects to be awarded a grant under the pilot 

7 program. 

8 (2) ADDITIONAL GRANTS.— 

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

10 after the date of enactment of this Act, the Sec11 retary shall publish in the Federal Register, 

12 Commerce Business Daily, and such other pub13 lications as the Secretary considers to be appro14 priate, a notice and request for additional appli15 cations to carry out projects under the pilot 

16 program that incorporate the information and 

17 knowledge obtained through the implementation 

18 of the first round of projects authorized under 

19 the pilot program. 

20 (B) DEADLINE.—An application described 

21 in subparagraph (A) shall be submitted to the 

22 Secretary by not later than 180 days after the 

23 date of publication of the notice under that sub24 paragraph. 


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1 (C) INITIAL SELECTION.—Not later than 

2 90 days after the date by which applications for 

3 grants are due under subparagraph (B), the 

4 Secretary shall select by competitive, peer-re5 viewed proposal such additional applications for 

6 projects to be awarded a grant under the pilot 

7 program as the Secretary determines to be ap8 propriate. 

9 (g) REPORTS TO CONGRESS.— 

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

11 after the date on which grants are awarded under 

12 this section, the Secretary shall submit to Congress 

13 a report containing— 

14 (A) an identification of the grant recipients 

15 and a description of the projects to be funded 

16 under the pilot program; 

17 (B) an identification of other applicants 

18 that submitted applications for the pilot pro19 gram but to which funding was not provided; 

20 and 

21 (C) a description of the mechanisms used 

22 by the Secretary to ensure that the information 

23 and knowledge gained by participants in the 

24 pilot program are transferred among the pilot 

25 program participants and to other interested 


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1 parties, including other applicants that sub2 mitted applications. 

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

4 the date of enactment of this Act, and annually 

5 thereafter until the termination of the pilot program, 

6 the Secretary shall submit to Congress a report con7 taining an evaluation of the effectiveness of the pilot 

8 program, including an assessment of the petroleum 

9 displacement and benefits to the environment de10 rived from the projects included in the pilot pro11 gram. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

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

15 expended. 

16 SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT. 

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

18 U.S.C. 16231(c)) is amended— 

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

20 ‘‘$251,000,000’’ and inserting ‘‘$377,000,000’’; and 

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

22 ‘‘$274,000,000’’ and inserting ‘‘$398,000,000’’. 


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1 SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY 

2 PROGRAM. 

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

4 (42 U.S.C. 16317(a)(1)) is amended by inserting before 

5 the period at the end the following: ‘‘, including the estab6 lishment of at least 11 bioresearch centers of varying 

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

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

9 Administration for Defense Districts with no subdistricts 

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

11 of the Petroleum Administration for Defense District with 

12 subdistricts’’. 

13 SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FA14 CILITIES. 

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

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

17 the end the following: 

18 ‘‘(f) RENEWABLE FUEL FACILITIES.— 

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

20 guarantees under this title for projects that produce 

21 advanced biofuel (as defined in section 102 of the 

22 Biofuels for Energy Security and Transportation 

23 Act of 2007). 

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

25 subsection shall employ new or significantly im26 proved technologies for the production of renewable 


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1 fuels as compared to commercial technologies in 

2 service in the United States at the time that the 

3 guarantee is issued. 

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

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

6 of the Continuing Appropriations Resolution, 2007 

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

8 to the issuance of final regulations, shall not apply 

9 to the first 6 guarantees issued under this sub10 section. 

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

12 guarantee is made under this subsection shall have 

13 a project design that has been validated through the 

14 operation of a continuous process pilot facility with 

15 an annual output of at least 50,000 gallons of eth16 anol or the energy equivalent volume of other ad17 vanced biofuels. 

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

19 total principal amount of a loan guaranteed under 

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

21 single facility. 

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

23 shall guarantee 100 percent of the principal and in24 terest due on 1 or more loans made for a facility 


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1 that is the subject of the guarantee under paragraph 

2 (3). 

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

4 or disapprove an application for a guarantee under 

5 this subsection not later than 90 days after the date 

6 of receipt of the application. 

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

8 approving or disapproving an application under 

9 paragraph (7), the Secretary shall submit to Con10 gress a report on the approval or disapproval (in11 cluding the reasons for the action).’’. 

12 (b) IMPROVEMENTS TO UNDERLYING LOAN GUAR13 ANTEE AUTHORITY.— 

14 (1) DEFINITION OF COMMERCIAL TECH15 NOLOGY.—Section 1701(1) of the Energy Policy Act 

16 of 2005 (42 U.S.C. 16511(1)) is amended by strik17 ing subparagraph (B) and inserting the following: 

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

19 technology’ does not include a technology if the 

20 sole use of the technology is in connection 

21 with— 

22 ‘‘(i) a demonstration plant; or 

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

24 approved a loan guarantee.’’. 


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1 (2) SPECIFIC APPROPRIATION OR CONTRIBU2 TION.—Section 1702 of the Energy Policy Act of 

3 2005 (42 U.S.C. 16512) is amended by striking sub4 section (b) and inserting the following: 

5 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU6 TION.— 

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

8 made unless— 

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

10 been made; or 

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

12 borrower a payment in full for the cost of the 

13 obligation and deposited the payment into the 

14 Treasury. 

15 ‘‘(2) LIMITATION.—The source of payments re16 ceived from a borrower under paragraph (1)(B) shall 

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

18 or guaranteed by the Federal Government. 

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

20 504(b) of the Federal Credit Reform Act of 1990 (2 

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

22 guarantee made in accordance with paragraph 

23 (1)(B).’’. 


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1 (3) AMOUNT.—Section 1702 of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16512) is amended by 

3 striking subsection (c) and inserting the following: 

4 ‘‘(c) AMOUNT.— 

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

6 the Secretary shall guarantee up to 100 percent of 

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

8 a facility that are the subject of the guarantee. 

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

10 guaranteed for a facility by the Secretary shall not 

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

12 estimated at the time at which the guarantee is 

13 issued.’’. 

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

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

16 is amended— 

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

18 (B) by redesignating subparagraph (C) as 

19 subparagraph (B). 

20 (5) FEES.—Section 1702(h) of the Energy Pol21 icy Act of 2005 (42 U.S.C. 16512(h)) is amended by 

22 striking paragraph (2) and inserting the following: 

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

24 subsection shall— 


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

2 special fund in the Treasury to be known as the 

3 ‘Incentives For Innovative Technologies Fund’; 

4 and 

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

6 expenditure, without further appropriation or 

7 fiscal year limitation, for administrative ex8 penses incurred in carrying out this title.’’. 

9 SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RE10 SEARCH AND DEVELOPMENT IN CERTAIN 

11 STATES. 

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

13 grants to eligible entities to conduct research into, and de14 velop and implement, renewable fuel production tech15 nologies in States with low rates of ethanol production, 

16 including low rates of production of cellulosic biomass eth17 anol, as determined by the Secretary. 

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

19 under the section, an entity shall— 

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

21 defined in section 2 of the Energy Policy Act of 

22 2005 (42 U.S.C. 15801)) located in a State de23 scribed in subsection (a); 

24 (B) be an institution— 


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

2 in Educational Land-Grant Status Act of 1994 

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

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

5 Tribally Controlled College or University Assist6 ance Act of 1978 (25 U.S.C. 1801 et seq.), in7 cluding Dine ́ College; or 

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

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

10 640a et seq.); or 

11 (C) be a consortium of such institutions of 

12 higher education, industry, State agencies, Indian 

13 tribal agencies, or local government agencies located 

14 in the State; and 

15 (2) have proven experience and capabilities with 

16 relevant technologies. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $25,000,000 for each of fiscal years 2008 through 2010. 

20 SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPOR21 TATION OF BIOMASS TO LOCAL BIOREFIN22 ERIES. 

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

24 program under which the Secretary shall provide grants 

25 to Indian tribal and local governments and other eligible 


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

2 this section as ‘‘eligible entities’’) to promote the develop3 ment of infrastructure to support the separation, produc4 tion, processing, and transportation of biomass to local 

5 biorefineries. 

6 (b) PHASES.—The Secretary shall conduct the pro7 gram in the following phases: 

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

9 program, the Secretary shall make grants to eligible 

10 entities to assist the eligible entities in the develop11 ment of local projects to promote the development of 

12 infrastructure to support the separation, production, 

13 processing, and transportation of biomass to local 

14 biorefineries. 

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

16 the program, the Secretary shall make competitive 

17 grants to eligible entities to implement projects de18 veloped under paragraph (1). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 

22 SEC. 127. BIOREFINERY INFORMATION CENTER. 

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

24 with the Secretary of Agriculture, shall establish a bioVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 refinery information center to make available to interested 

2 parties information on— 

3 (1) renewable fuel resources, including informa4 tion on programs and incentives for renewable fuels; 

5 (2) renewable fuel producers; 

6 (3) renewable fuel users; and 

7 (4) potential renewable fuel users. 

8 (b) ADMINISTRATION.—In administering the bio9 refinery information center, the Secretary shall— 

10 (1) continually update information provided by 

11 the center; 

12 (2) make information available to interested 

13 parties on the process for establishing a biorefinery; 

14 and 

15 (3) make information and assistance provided 

16 by the center available through a toll-free telephone 

17 number and website. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section. 

21 SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS. 

22 The Secretary and the Director of the National Insti23 tute of Standards and Technology shall jointly establish 

24 and make available to the public— 


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1 (1) a database that describes the physical prop2 erties of different types of alternative fuel; and 

3 (2) standard reference materials for different 

4 types of alternative fuel. 

5 SEC. 129. FUEL TANK CAP LABELING REQUIREMENT. 

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

7 U.S.C. 13232(a)) is amended— 

8 (1) by striking ‘‘The Federal Trade Commis9 sion’’ and inserting the following: 

10 ‘‘(1) IN GENERAL.—The Federal Trade Com11 mission’’; and 

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

13 ‘‘(2) FUEL TANK CAP LABELING REQUIRE14 MENT.—Beginning with model year 2010, the fuel 

15 tank cap of each alternative fueled vehicle manufac16 tured for sale in the United States shall be clearly 

17 labeled to inform consumers that such vehicle can 

18 operate on alternative fuel.’’. 

19 SEC. 130. BIODIESEL. 

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

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

22 to Congress a report on any research and development 

23 challenges inherent in increasing to 5 percent the propor24 tion of diesel fuel sold in the United States that is bioVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 diesel (as defined in section 757 of the Energy Policy Act 

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

3 (b) REGULATIONS.—The President shall promulgate 

4 regulations providing for the uniform labeling of biodiesel 

5 blends that are certified to meet applicable standards pub6 lished by the American Society for Testing and Materials. 

7 (c) NATIONAL BIODIESEL FUEL QUALITY STAND8 ARD.— 

9 (1) QUALITY REGULATIONS.—Within 180 days 

10 following the date of enactment of this Act, the 

11 President shall promulgate regulations to ensure 

12 that only biodiesel that is tested and certified to 

13 comply with the American Society for Testing and 

14 Materials (ASTM) 6751 standard is introduced into 

15 interstate commerce. 

16 (2) ENFORCEMENT.—The President shall en17 sure that all biodiesel entering interstate commerce 

18 meets the requirements of paragraph (1). 

19 (3) FUNDING.—There are authorized to be ap20 propriated to the President to carry out this section: 

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

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

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


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1 Subtitle C—Studies 

2 SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES. 

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

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

5 National Academy of Sciences under which the Academy 

6 shall conduct a study of technologies relating to the pro7 duction, transportation, and distribution of advanced 

8 biofuels. 

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

10 shall— 

11 (1) include an assessment of the maturity of 

12 advanced biofuels technologies; 

13 (2) consider whether the rate of development of 

14 those technologies will be sufficient to meet the ad15 vanced biofuel standards required under section 111; 

16 (3) consider the effectiveness of the research 

17 and development programs and activities of the De18 partment of Energy relating to advanced biofuel 

19 technologies; and 

20 (4) make policy recommendations to accelerate 

21 the development of those technologies to commercial 

22 viability, as appropriate. 

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

24 the Secretary shall submit to the Committee on Energy 

25 and Natural Resources of the Senate and the Committee 


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1 on Energy and Commerce of the House of Representatives 

2 a report describing the results of the study conducted 

3 under this section. 

4 SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETH5 ANOL-BLENDED GASOLINE WITH HIGHER 

6 LEVELS OF ETHANOL. 

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

8 with the Secretary of Agriculture, the Administrator of the 

9 Environmental Protection Agency, and the Secretary of 

10 Transportation, and after providing notice and an oppor11 tunity for public comment, shall conduct a study of the 

12 feasibility of increasing consumption in the United States 

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

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

15 (b) STUDY.—The study under subsection (a) shall in16 clude— 

17 (1) a review of production and infrastructure 

18 constraints on increasing consumption of ethanol; 

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

20 energy-related impacts of State and regional dif21 ferences in ethanol blends; 

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

23 energy-related impacts on gasoline retailers and con24 sumers of separate and distinctly labeled fuel stor25 age facilities and dispensers; 


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1 (4) an evaluation of the environmental impacts 

2 of mid-level ethanol blends on evaporative and ex3 haust emissions from on-road, off-road, and marine 

4 engines, recreational boats, vehicles, and equipment; 

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

6 ethanol blends on the operation, durability, and per7 formance of on-road, off-road, and marine engines, 

8 recreational boats, vehicles, and equipment; and 

9 (6) an evaluation of the safety impacts of mid10 level ethanol blends on consumers that own and op11 erate off-road and marine engines, recreational 

12 boats, vehicles, or equipment. 

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

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

15 Congress a report describing the results of the study con16 ducted under this section. 

17 SEC. 143. PIPELINE FEASIBILITY STUDY. 

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

19 with the Secretary of Agriculture and the Secretary of 

20 Transportation, shall conduct a study of the feasibility of 

21 the construction of dedicated ethanol pipelines. 

22 (b) FACTORS.—In conducting the study, the Sec23 retary shall consider— 

24 (1) the quantity of ethanol production that 

25 would make dedicated pipelines economically viable; 


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1 (2) existing or potential barriers to dedicated 

2 ethanol pipelines, including technical, siting, financ3 ing, and regulatory barriers; 

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

5 means of mitigating the risk; 

6 (4) regulatory, financing, and siting options 

7 that would mitigate risk in those areas and help en8 sure the construction of 1 or more dedicated ethanol 

9 pipelines; 

10 (5) financial incentives that may be necessary 

11 for the construction of dedicated ethanol pipelines, 

12 including the return on equity that sponsors of the 

13 initial dedicated ethanol pipelines will require to in14 vest in the pipelines; 

15 (6) technical factors that may compromise the 

16 safe transportation of ethanol in pipelines, identi17 fying remedial and preventative measures to ensure 

18 pipeline integrity; and 

19 (7) such other factors as the Secretary con20 siders appropriate. 

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

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

23 to Congress a report describing the results of the study 

24 conducted under this section. 


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1 SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED 

2 VEHICLES TO USE E–85 FUEL. 

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

4 study of methods of increasing the fuel efficiency of flexi5 ble fueled vehicles by optimizing flexible fueled vehicles to 

6 operate using E–85 fuel. 

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

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

9 the Committee on Energy and Natural Resources of the 

10 Senate and the Committee on Natural Resources of the 

11 House of Representatives a report that describes the re12 sults of the study, including any recommendations of the 

13 Secretary. 

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

15 ELECTRICITY IN ELECTRIC VEHICLES. 

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

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

18 motor vehicle (as defined in section 601 of the Energy Pol19 icy Act of 1992 (42 U.S.C. 13271)) for which the re20 chargeable storage battery— 

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

22 electric current that is external to the vehicle; and 

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

24 motive power of the vehicle. 

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

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1 lished under section 111(d) to electric vehicles powered by 

2 electricity produced from renewable energy sources. 

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

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

5 to the Committee on Energy and Natural Resources of 

6 the Senate and the Committee on Energy and Commerce 

7 of the House of Representatives a report that describes 

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

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

10 renewable electricity as a means of powering electric 

11 vehicles; and 

12 (2) alternatives for— 

13 (A) designing a pilot program to determine 

14 the feasibility of using renewable electricity to 

15 power electric vehicles as an adjunct to a re16 newable fuels mandate; 

17 (B) allowing the use, under the pilot pro18 gram designed under subparagraph (A), of elec19 tricity generated from nuclear energy as an ad20 ditional source of supply; 

21 (C) identifying the source of electricity 

22 used to power electric vehicles; and 

23 (D) equating specific quantities of elec24 tricity to quantities of renewable fuel under sec25 tion 111(d). 


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1 SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED 

2 WITH THE USE OF BIODIESEL. 

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

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

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

6 durability. 

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

8 shall include— 

9 (1) an assessment of whether the use of bio10 diesel in conventional diesel engines lessens engine 

11 durability; and 

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

13 subsection (a) with respect to biodiesel blends at 

14 varying concentrations, including— 

15 (A) B5; 

16 (B) B10; 

17 (C) B20; and 

18 (D) B30. 

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

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

21 the renewable fuels industry and markets in the United 

22 States, including— 

23 (1) the costs to produce conventional and ad24 vanced biofuels; 


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1 (2) the factors affecting the future market 

2 prices for those biofuels, including world oil prices; 

3 and 

4 (3) the financial incentives necessary to en5 hance, to the maximum extent practicable, the 

6 biofuels industry of the United States to reduce the 

7 dependence of the United States on foreign oil dur8 ing calendar years 2011 through 2030. 

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

10 the options for financial incentives and the advantage and 

11 disadvantages of each option. 

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

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

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

15 SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS 

16 TOOLS FOR THE EVALUATION OF RENEW17 ABLE CARBON CONTENT OF BIOFUELS. 

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

19 with the Secretary of Agriculture and the Administrator 

20 of the Environmental Protection Agency, shall conduct a 

21 study of— 

22 (1) published methods for evaluating the 

23 lifecycle fossil and renewable carbon content of fuels, 

24 including conventional and advanced biofuels; and 


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1 (2) methods for performing simplified, stream2 lined lifecycle analyses of the fossil and renewable 

3 carbon content of biofuels. 

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

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

6 the Committee on Energy and Natural Resources of the 

7 Senate and the Committee on Energy and Commerce of 

8 the House of Representatives a report that describes the 

9 results of the study under subsection (a), including rec10 ommendations for a method for performing a simplified, 

11 streamlined lifecycle analysis of the fossil and renewable 

12 carbon content of biofuels that includes— 

13 (1) carbon inputs to feedstock production; and 

14 (2) carbon inputs to the biofuel production 

15 process, including the carbon associated with elec16 trical and thermal energy inputs. 

17 SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANS18 PORTATION OF DOMESTICALLY-PRODUCED 

19 RENEWABLE FUEL. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with the Secretary of Transportation, shall con23 duct a study of the adequacy of railroad transpor24 tation of domestically-produced renewable fuel. 


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1 (2) COMPONENTS.—In conducting the study 

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

3 (A) the adequacy of, and appropriate loca4 tion for, tracks that have sufficient capacity, 

5 and are in the appropriate condition, to move 

6 the necessary quantities of domestically-pro7 duced renewable fuel within the timeframes re8 quired by section 111; 

9 (B) the adequacy of the supply of railroad 

10 tank cars, locomotives, and rail crews to move 

11 the necessary quantities of domestically-pro12 duced renewable fuel in a timely fashion; 

13 (C)(i) the projected costs of moving the do14 mestically-produced renewable fuel using rail15 road transportation; and 

16 (ii) the impact of the projected costs on 

17 the marketability of the domestically-produced 

18 renewable fuel; 

19 (D) whether there is adequate railroad 

20 competition to ensure— 

21 (i) a fair price for the railroad trans22 portation of domestically-produced renew23 able fuel; and 


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1 (ii) acceptable levels of service for rail2 road transportation of domestically-pro3 duced renewable fuel; 

4 (E) any rail infrastructure capital costs 

5 that the railroads indicate should be paid by the 

6 producers or distributors of domestically-pro7 duced renewable fuel; 

8 (F) whether Federal agencies have ade9 quate legal authority to ensure a fair and rea10 sonable transportation price and acceptable lev11 els of service in cases in which the domestically12 produced renewable fuel source does not have 

13 access to competitive rail service; 

14 (G) whether Federal agencies have ade15 quate legal authority to address railroad service 

16 problems that may be resulting in inadequate 

17 supplies of domestically-produced renewable fuel 

18 in any area of the United States; and 

19 (H) any recommendations for any addi20 tional legal authorities for Federal agencies to 

21 ensure the reliable railroad transportation of 

22 adequate supplies of domestically-produced re23 newable fuel at reasonable prices. 

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

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


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1 the Committee on Energy and Natural Resources of the 

2 Senate and the Committee on Energy and Commerce of 

3 the House of Representatives a report that describes the 

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

5 SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASO6 LINE ON OFF ROAD VEHICLES. 

7 (a) STUDY.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Secretary of Transportation and the 

10 Administrator of the Environmental Protection 

11 Agency, shall conduct a study to determine the ef12 fects of ethanol-blended gasoline on off-road vehicles 

13 and recreational boats. 

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

15 evaluation of the operational, safety, durability, and 

16 environmental impacts of ethanol-blended gasoline 

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

18 and related equipment. 

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

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

21 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 SEC. 202. DEFINITION OF SECRETARY. 

7 In this title, the term ‘‘Secretary’’ means the Sec8 retary of Energy. 

9 Subtitle A—Promoting Advanced 

10 Lighting Technologies 

11 SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFI12 CIENT LIGHTING. 

13 Section 553 of the National Energy Conservation 

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

15 following: 

16 ‘‘(f) ACCELERATED PROCUREMENT OF ENERGY EF17 FICIENT LIGHTING.— 

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

19 2013, in accordance with guidelines issued by the 

20 Secretary, all general purpose lighting in Federal 

21 buildings shall be Energy Star products or products 

22 designated under the Federal Energy Management 

23 Program. 

24 ‘‘(2) GUIDELINES.— 


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

2 after the date of enactment of this subsection, 

3 the Secretary shall issue guidelines to carry out 

4 this subsection. 

5 ‘‘(B) REPLACEMENT COSTS.—The guide6 lines shall take into consideration the costs of 

7 replacing all general service lighting and the re8 duced cost of operation and maintenance ex9 pected to result from such replacement.’’. 

10 SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY 

11 STANDARDS. 

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

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

14 (1) in paragraph (30)(C)(ii)— 

15 (A) in the matter preceding subclause 

16 (I)— 

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

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

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

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

21 ‘‘2.25’’; and 

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

23 follows through subclause (II) and inserting 

24 ‘‘has a rated wattage that is 40 watts or high25 er’’; and 


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

2 ‘‘(52) BPAR INCANDESCENT REFLECTOR

3 LAMP.—The term ‘BPAR incandescent reflector 

4 lamp’ means a reflector lamp as shown in figure 

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

6 ‘‘(53) BR INCANDESCENT REFLECTOR LAMP; 

7 BR30; BR40.— 

8 ‘‘(A) BR INCANDESCENT REFLECTOR

9 LAMP.—The term ‘BR incandescent reflector 

10 lamp’ means a reflector lamp that has— 

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

12 diameter of the bulb and above the approx13 imate baseline of the bulb, as shown in fig14 ure 1 (RB) on page 7 of ANSI C79.1– 

15 1994, incorporated by reference in section 

16 430.22 of title 10, Code of Federal Regula17 tions (as in effect on the date of enactment 

18 of this paragraph); and 

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

20 in ANSI C78.21–1989, including the ref21 erenced reflective characteristics in part 7 

22 of ANSI C78.21–1989, incorporated by 

23 reference in section 430.22 of title 10, 

24 Code of Federal Regulations (as in effect 


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1 on the date of enactment of this para2 graph). 

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

4 BR incandescent reflector lamp with a diameter 

5 of 30/8ths of an inch. 

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

7 BR incandescent reflector lamp with a diameter 

8 of 40/8ths of an inch. 

9 ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; 

10 ER30; ER40.— 

11 ‘‘(A) ER INCANDESCENT REFLECTOR

12 LAMP.—The term ‘ER incandescent reflector 

13 lamp’ means a reflector lamp that has— 

14 ‘‘(i) an elliptical section below the 

15 major diameter of the bulb and above the 

16 approximate baseline of the bulb, as shown 

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

18 C79.1–1994, incorporated by reference in 

19 section 430.22 of title 10, Code of Federal 

20 Regulations (as in effect on the date of en21 actment of this paragraph); and 

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

23 in ANSI C78.21–1989, incorporated by 

24 reference in section 430.22 of title 10, 

25 Code of Federal Regulations (as in effect 


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1 on the date of enactment of this para2 graph). 

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

4 ER incandescent reflector lamp with a diameter 

5 of 30/8ths of an inch. 

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

7 ER incandescent reflector lamp with a diameter 

8 of 40/8ths of an inch. 

9 ‘‘(55) R20 INCANDESCENT REFLECTOR

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

11 means a reflector lamp that has a face diameter of 

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

13 on page 7 of ANSI C79.1–1994.’’. 

14 (b) STANDARDS FOR FLUORESCENT LAMPS AND IN15 CANDESCENT REFLECTOR LAMPS.—Section 325(i) of the 

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

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

18 following: 

19 ‘‘(1) STANDARDS.— 

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

21 In this paragraph (other than subparagraph 

22 (D)), the term ‘effective date’ means, with re23 spect to each type of lamp specified in a table 

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

25 the period of months corresponding to that type 


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

2 October 24, 1992. 

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

4 following general service fluorescent lamps and 

5 incandescent reflector lamps manufactured 

6 after the effective date specified in the tables 

7 contained in this paragraph shall meet or ex8 ceed the following lamp efficacy and CRI stand9 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 

10 ‘‘(C) EXEMPTIONS.—The standards speci11 fied in subparagraph (B) shall not apply to the 

12 following types of incandescent reflector lamps: 


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

2 that are ER30, BR30, BR40, or ER40 

3 lamps. 

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

5 are BR30, BR40, or ER40 lamps. 

6 ‘‘(iii) R20 incandescent reflector 

7 lamps rated 45 watts or less. 

8 ‘‘(D) EFFECTIVE DATES.— 

9 ‘‘(i) ER, BR, AND BPAR LAMPS.—The 

10 standards specified in subparagraph (B) 

11 shall apply with respect to ER incandes12 cent reflector lamps, BR incandescent re13 flector lamps, BPAR incandescent reflector 

14 lamps, and similar bulb shapes on and 

15 after January 1, 2008. 

16 ‘‘(ii) LAMPS BETWEEN 2.25–2.75

17 INCHES IN DIAMETER.—The standards 

18 specified in subparagraph (B) shall apply 

19 with respect to incandescent reflector 

20 lamps with a diameter of more than 2.25 

21 inches, but not more than 2.75 inches, on 

22 and after January 1, 2008.’’. 

23 SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES. 

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

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


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1 carried out under section 1008 of the Energy Policy Act 

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

3 and award Bright Tomorrow Lighting Prizes for solid 

4 state lighting in accordance with this section. 

5 (b) PRIZE SPECIFICATIONS.— 

6 (1) 60-WATT INCANDESCENT REPLACEMENT

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

8 Incandescent Replacement Lamp Prize to an entrant 

9 that produces a solid-state light package simulta10 neously capable of— 

11 (A) producing a luminous flux greater than 

12 900 lumens; 

13 (B) consuming less than or equal to 10 

14 watts; 

15 (C) having an efficiency greater than 90 

16 lumens per watt; 

17 (D) having a color rendering index greater 

18 than 90; 

19 (E) having a correlated color temperature 

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

21 3,000, degrees Kelvin; 

22 (F) having 70 percent of the lumen value 

23 under subparagraph (A) exceeding 25,000 

24 hours under typical conditions expected in resi25 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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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; 


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1 (2) in subparagraph (D), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(E) technologies to improve the energy ef5 ficiency of appliances and mechanical systems 

6 for buildings in cold climates, including com7 bined heat and power units and increased use 

8 of renewable resources, including fuel.’’. 

9 (b) REBATES.—Section 124 of the Energy Policy Act 

10 of 2005 (42 U.S.C. 15821) is amended— 

11 (1) in subsection (b)(1), by inserting ‘‘, or prod12 ucts with improved energy efficiency in cold cli13 mates,’’ after ‘‘residential Energy Star products’’; 

14 and 

15 (2) in subsection (e), by inserting ‘‘or product 

16 with improved energy efficiency in a cold climate’’ 

17 after ‘‘residential Energy Star product’’ each place 

18 it appears. 

19 SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR 

20 HIGH-EFFICIENCY CONSUMER PRODUCTS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ENERGY SAVINGS.—The term ‘‘energy sav23 ings’’ means megawatt-hours of electricity or million 

24 British thermal units of natural gas saved by a 

25 product, in comparison to projected energy consumpVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 tion under the energy efficiency standard applicable 

2 to the product. 

3 (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— 

4 The term ‘‘high-efficiency consumer product’’ means 

5 a product that exceeds the energy efficiency of com6 parable products available in the market by a per7 centage determined by the Secretary to be an appro8 priate benchmark for the consumer product category 

9 competing for an award under this section. 

10 (b) FINANCIAL INCENTIVES PROGRAM.—Effective 

11 beginning October 1, 2007, the Secretary shall competi12 tively award financial incentives under this section for the 

13 manufacture of high-efficiency consumer products. 

14 (c) REQUIREMENTS.— 

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

16 awards under this section to manufacturers of high17 efficiency consumer products, based on the bid of 

18 each manufacturer in terms of dollars per megawatt19 hour or million British thermal units saved. 

20 (2) ACCEPTANCE OF BIDS.—In making awards 

21 under this section, the Secretary shall— 

22 (A) solicit bids for reverse auction from 

23 appropriate manufacturers, as determined by 

24 the Secretary; and 


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1 (B) award financial incentives to the man2 ufacturers that submit the lowest bids that 

3 meet the requirements established by the Sec4 retary. 

5 (d) FORMS OF AWARDS.—An award for a high-effi6 ciency consumer product under this section shall be in the 

7 form of a lump sum payment in an amount equal to the 

8 product obtained by multiplying— 

9 (1) the amount of the bid by the manufacturer 

10 of the high-efficiency consumer product; and 

11 (2) the energy savings during the projected use12 ful life of the high-efficiency consumer product, not 

13 to exceed 10 years, as determined under regulations 

14 issued by the Secretary. 

15 SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE ENTITY.—The term eligible entity 

18 means— 

19 (A) an institution of higher education 

20 under contract or in partnership with a non21 profit or for-profit private entity acting on be22 half of an industrial or commercial sector or 

23 subsector; 


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1 (B) a nonprofit or for-profit private entity 

2 acting on behalf on an industrial or commercial 

3 sector or subsector; or 

4 (C) a consortia of entities acting on behalf 

5 of an industrial or commercial sector or sub6 sector. 

7 (2) ENERGY-INTENSIVE COMMERCIAL APPLICA8 TIONS.—The term ‘‘energy-intensive commercial ap9 plications’’ means processes and facilities that use 

10 significant quantities of energy as part of the pri11 mary economic activities of the processes and facili12 ties, including— 

13 (A) information technology data centers; 

14 (B) product manufacturing; and 

15 (C) food processing. 

16 (3) FEEDSTOCK.—The term ‘‘feedstock’’ means 

17 the raw material supplied for use in manufacturing, 

18 chemical, and biological processes. 

19 (4) MATERIALS MANUFACTURERS.—The term 

20 ‘‘materials manufacturers’’ means the energy-inten21 sive primary manufacturing industries, including the 

22 aluminum, chemicals, forest and paper products, 

23 glass, metal casting, and steel industries. 


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1 (5) PARTNERSHIP.—The term ‘‘partnership’’ 

2 means an energy efficiency and utilization partner3 ship established under subsection (c)(1)(A). 

4 (6) PROGRAM.—The term ‘‘program’’ means 

5 the industrial efficiency program established under 

6 subsection (b). 

7 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

8 shall establish a program under which the Secretary, in 

9 cooperation with materials manufacturers, companies en10 gaged in energy-intensive commercial applications, and 

11 national industry trade associations representing the man12 ufactures and companies, shall support, develop, and pro13 mote the use of new materials manufacturing and indus14 trial and commercial processes, technologies, and tech15 niques to optimize energy efficiency and the economic 

16 competitiveness of the United States. 

17 (c) PARTNERSHIPS.— 

18 (1) IN GENERAL.—As part of the program, the 

19 Secretary shall— 

20 (A) establish energy efficiency and utiliza21 tion partnerships between the Secretary and eli22 gible entities to conduct research on, develop, 

23 and demonstrate new processes, technologies, 

24 and operating practices and techniques to sig25 nificantly improve energy efficiency and utilizaVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 tion by materials manufacturers and in energy2 intensive commercial applications, including the 

3 conduct of activities to— 

4 (i) increase the energy efficiency of in5 dustrial and commercial processes and fa6 cilities in energy-intensive commercial ap7 plication sectors; 

8 (ii) research, develop, and dem9 onstrate advanced technologies capable of 

10 energy intensity reductions and increased 

11 environmental performance in energy-in12 tensive commercial application sectors; and 

13 (iii) promote the use of the processes, 

14 technologies, and techniques described in 

15 clauses (i) and (ii); and 

16 (B) pay the Federal share of the cost of 

17 any eligible partnership activities for which a 

18 proposal has been submitted and approved in 

19 accordance with paragraph (3)(B). 

20 (2) ELIGIBLE ACTIVITIES.—Partnership activi21 ties eligible for financial assistance under this sub22 section include— 

23 (A) feedstock and recycling research, devel24 opment, and demonstration activities to identify 

25 and promote— 


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1 (i) opportunities for meeting manufac2 turing feedstock requirements with more 

3 energy efficient and flexible sources of 

4 feedstock or energy supply; 

5 (ii) strategies to develop and deploy 

6 technologies that improve the quality and 

7 quantity of feedstocks recovered from proc8 ess and waste streams; and 

9 (iii) other methods using recycling, 

10 reuse, and improved industrial materials; 

11 (B) industrial and commercial energy effi12 ciency and sustainability assessments to— 

13 (i) assist individual industrial and 

14 commercial sectors in developing tools, 

15 techniques, and methodologies to assess— 

16 (I) the unique processes and fa17 cilities of the sectors; 

18 (II) the energy utilization re19 quirements of the sectors; and 

20 (III) the application of new, more 

21 energy efficient technologies; and 

22 (ii) conduct energy savings assess23 ments; 

24 (C) the incorporation of technologies and 

25 innovations that would significantly improve the 


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1 energy efficiency and utilization of energy-inten2 sive commercial applications; and 

3 (D) any other activities that the Secretary 

4 determines to be appropriate. 

5 (3) PROPOSALS.— 

6 (A) IN GENERAL.—To be eligible for finan7 cial assistance under this subsection, a partner8 ship shall submit to the Secretary a proposal 

9 that describes the proposed research, develop10 ment, or demonstration activity to be conducted 

11 by the partnership. 

12 (B) REVIEW.—After reviewing the sci13 entific, technical, and commercial merit of a 

14 proposals submitted under subparagraph (A), 

15 the Secretary shall approve or disapprove the 

16 proposal. 

17 (C) COMPETITIVE AWARDS.—The provision 

18 of financial assistance under this subsection 

19 shall be on a competitive basis. 

20 (4) COST-SHARING REQUIREMENT.—In carrying 

21 out this section, the Secretary shall require cost 

22 sharing in accordance with section 988 of the En23 ergy Policy Act of 2005 (42 U.S.C. 16352). 

24 (d) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary to carry out this sec3 tion— 

4 (A) $184,000,000 for fiscal year 2008; 

5 (B) $190,000,000 for fiscal year 2009; 

6 (C) $196,000,000 for fiscal year 2010; 

7 (D) $202,000,000 for fiscal year 2011; 

8 (E) $208,000,000 for fiscal year 2012; and 

9 (F) such sums as are necessary for fiscal 

10 year 2013 and each fiscal year thereafter. 

11 (2) PARTNERSHIP ACTIVITIES.—Of the 

12 amounts made available under paragraph (1), not 

13 less than 50 percent shall be used to pay the Fed14 eral share of partnership activities under subsection 

15 (c). 

16 Subtitle C—Promoting High Effi17 ciency Vehicles, Advanced Bat18 teries, and Energy Storage 

19 SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DE20 VELOPMENT. 

21 (a) IN GENERAL.—As soon as practicable after the 

22 date of enactment of this Act, the Secretary shall establish 

23 a research and development program to determine ways 

24 in which— 


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1 (1) the weight of vehicles may be reduced to im2 prove fuel efficiency without compromising pas3 senger safety; and 

4 (2) the cost of lightweight materials (such as 

5 steel alloys, fiberglass, and carbon composites) re6 quired for the construction of lighter-weight vehicles 

7 may be reduced. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $60,000,000 for each of fiscal years 2007 through 2012. 

11 SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTO12 MOBILE PARTS MANUFACTURERS. 

13 (a) IN GENERAL.—Section 712(a) of the Energy Pol14 icy Act of 2005 (42 U.S.C. 16062(a)) is amended in the 

15 second sentence by striking ‘‘grants to automobile manu16 facturers’’ and inserting ‘‘grants and loan guarantees 

17 under section 1703 to automobile manufacturers and sup18 pliers’’. 

19 (b) CONFORMING AMENDMENT.—Section 1703(b) of 

20 the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 

21 amended by striking paragraph (8) and inserting the fol22 lowing: 

23 ‘‘(8) Production facilities for the manufacture 

24 of fuel efficient vehicles or parts of those vehicles, 


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1 including electric drive transportation technology 

2 and advanced diesel vehicles.’’. 

3 SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFAC4 TURING INCENTIVE PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADJUSTED AVERAGE FUEL ECONOMY.—The 

7 term ‘‘adjusted average fuel economy’’ means the av8 erage fuel economy of a manufacturer for all light 

9 duty vehicles produced by the manufacturer, ad10 justed such that the fuel economy of each vehicle 

11 that qualifies for an award shall be considered to be 

12 equal to the average fuel economy for vehicles of a 

13 similar footprint for model year 2005. 

14 (2) ADVANCED TECHNOLOGY VEHICLE.—The 

15 term ‘‘advanced technology vehicle’’ means a light 

16 duty vehicle that meets— 

17 (A) the Bin 5 Tier II emission standard 

18 established in regulations issued by the Admin19 istrator of the Environmental Protection Agen20 cy under section 202(i) of the Clean Air Act 

21 (42 U.S.C. 7521(i)), or a lower-numbered Bin 

22 emission standard; 

23 (B) any new emission standard for fine 

24 particulate matter prescribed by the AdminisVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 trator under that Act (42 U.S.C. 7401 et seq.); 

2 and 

3 (C) at least 125 percent of the average 

4 base year combined fuel economy, calculated on 

5 an energy-equivalent basis, for vehicles of a 

6 substantially similar footprint. 

7 (3) COMBINED FUEL ECONOMY.—The term 

8 ‘‘combined fuel economy’’ means— 

9 (A) the combined city/highway miles per 

10 gallon values, as reported in accordance with 

11 section 32908 of title 49, United States Code; 

12 and 

13 (B) in the case of an electric drive vehicle 

14 with the ability to recharge from an off-board 

15 source, the reported mileage, as determined in 

16 a manner consistent with the Society of Auto17 motive Engineers recommended practice for 

18 that configuration or a similar practice rec19 ommended by the Secretary, using a petroleum 

20 equivalence factor for the off-board electricity 

21 (as defined in section 474 of title 10, Code of 

22 Federal Regulations). 

23 (4) ENGINEERING INTEGRATION COSTS.—The 

24 term ‘‘engineering integration costs’’ includes the 

25 cost of engineering tasks relating to— 


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1 (A) incorporating qualifying components 

2 into the design of advanced technology vehicles; 

3 and 

4 (B) designing new tooling and equipment 

5 for production facilities that produce qualifying 

6 components or advanced technology vehicles. 

7 (5) QUALIFYING COMPONENTS.—The term 

8 ‘‘qualifying components’’ means components that the 

9 Secretary determines to be— 

10 (A) specially designed for advanced tech11 nology vehicles; and 

12 (B) installed for the purpose of meeting 

13 the performance requirements of advanced tech14 nology vehicles. 

15 (b) ADVANCED VEHICLES MANUFACTURING FACIL16 ITY.—The Secretary shall provide facility funding awards 

17 under this section to automobile manufacturers and com18 ponent suppliers to pay not more than 30 percent of the 

19 cost of— 

20 (1) reequipping, expanding, or establishing a 

21 manufacturing facility in the United States to 

22 produce— 

23 (A) qualifying advanced technology vehi24 cles; or 

25 (B) qualifying components; and 


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1 (2) engineering integration performed in the 

2 United States of qualifying vehicles and qualifying 

3 components. 

4 (c) PERIOD OF AVAILABILITY.—An award under sub5 section (b) shall apply to— 

6 (1) facilities and equipment placed in service 

7 before December 30, 2017; and 

8 (2) engineering integration costs incurred dur9 ing the period beginning on the date of enactment 

10 of this Act and ending on December 30, 2017. 

11 (d) IMPROVEMENT.—The Secretary shall issue regu12 lations that require that, in order for an automobile manu13 facturer to be eligible for an award under this section dur14 ing a particular year, the adjusted average fuel economy 

15 of the manufacturer for light duty vehicles produced by 

16 the manufacturer during the most recent year for which 

17 data are available shall be not less than the average fuel 

18 economy for all light duty vehicles of the manufacturer 

19 for model year 2005. 

20 SEC. 244. ENERGY STORAGE COMPETITIVENESS. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘United States Energy Storage Competitiveness Act of 

23 2007’’. 


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1 (b) ENERGY STORAGE SYSTEMS FOR MOTOR TRANS2 PORTATION AND ELECTRICITY TRANSMISSION AND DIS3 TRIBUTION.— 

4 (1) DEFINITIONS.—In this subsection: 

5 (A) COUNCIL.—The term ‘‘Council’’ means 

6 the Energy Storage Advisory Council estab7 lished under paragraph (3). 

8 (B) COMPRESSED AIR ENERGY STOR9 AGE.—The term ‘‘compressed air energy stor10 age’’ means, in the case of an electricity grid 

11 application, the storage of energy through the 

12 compression of air. 

13 (C) DEPARTMENT.—The term ‘‘Depart14 ment’’ means the Department of Energy. 

15 (D) FLYWHEEL.—The term ‘‘flywheel’’ 

16 means, in the case of an electricity grid applica17 tion, a device used to store rotational kinetic 

18 energy. 

19 (E) ULTRACAPACITOR.—The term 

20 ‘‘ultracapacitor’’ means an energy storage de21 vice that has a power density comparable to 

22 conventional capacitors but capable of exceeding 

23 the energy density of conventional capacitors by 

24 several orders of magnitude. 


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1 (2) PROGRAM.—The Secretary shall carry out a 

2 research, development, and demonstration program 

3 to support the ability of the United States to remain 

4 globally competitive in energy storage systems for 

5 motor transportation and electricity transmission 

6 and distribution. 

7 (3) ENERGY STORAGE ADVISORY COUNCIL.— 

8 (A) ESTABLISHMENT.—Not later than 90 

9 days after the date of enactment of this Act, 

10 the Secretary shall establish an Energy Storage 

11 Advisory Council. 

12 (B) COMPOSITION.— 

13 (i) IN GENERAL.—Subject to clause 

14 (ii), the Council shall consist of not less 

15 than 15 individuals appointed by the Sec16 retary, based on recommendations of the 

17 National Academy of Sciences. 

18 (ii) ENERGY STORAGE INDUSTRY.— 

19 The Council shall consist primarily of rep20 resentatives of the energy storage industry 

21 of the United States. 

22 (iii) CHAIRPERSON.—The Secretary 

23 shall select a Chairperson for the Council 

24 from among the members appointed under 

25 clause (i). 


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1 (C) MEETINGS.— 

2 (i) IN GENERAL.—The Council shall 

3 meet not less than once a year. 

4 (ii) FEDERAL ADVISORY COMMITTEE

5 ACT.—The Federal Advisory Committee 

6 Act (5 U.S.C. App. 2) shall apply to a 

7 meeting of the Council. 

8 (D) PLANS.—No later than 1 year after 

9 the date of enactment of this Act, in conjunc10 tion with the Secretary, the Council shall de11 velop 5-year plans for integrating basic and ap12 plied research so that the United States retains 

13 a globally competitive domestic energy storage 

14 industry for motor transportation and elec15 tricity transmission and distribution. 

16 (E) REVIEW.—The Council shall— 

17 (i) assess the performance of the De18 partment in meeting the goals of the plans 

19 developed under subparagraph (D); and 

20 (ii) make specific recommendations to 

21 the Secretary on programs or activities 

22 that should be established or terminated to 

23 meet those goals. 

24 (4) BASIC RESEARCH PROGRAM.— 


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1 (A) BASIC RESEARCH.—The Secretary 

2 shall conduct a basic research program on en3 ergy storage systems to support motor trans4 portation and electricity transmission and dis5 tribution, including— 

6 (i) materials design; 

7 (ii) materials synthesis and character8 ization; 

9 (iii) electrolytes, including bioelectro10 lytes; 

11 (iv) surface and interface dynamics; 

12 and 

13 (v) modeling and simulation. 

14 (B) NANOSCIENCE CENTERS.—The Sec15 retary shall ensure that the nanoscience centers 

16 of the Department— 

17 (i) support research in the areas de18 scribed in subparagraph (A), as part of the 

19 mission of the centers; and 

20 (ii) coordinate activities of the centers 

21 with activities of the Council. 

22 (5) APPLIED RESEARCH PROGRAM.—The Sec23 retary shall conduct an applied research program on 

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1 tation and electricity transmission and distribution 

2 technologies, including— 

3 (A) ultracapacitors; 

4 (B) flywheels; 

5 (C) batteries; 

6 (D) compressed air energy systems; 

7 (E) power conditioning electronics; and 

8 (F) manufacturing technologies for energy 

9 storage systems. 

10 (6) ENERGY STORAGE RESEARCH CENTERS.— 

11 (A) IN GENERAL.—The Secretary shall es12 tablish, through competitive bids, 4 energy stor13 age research centers to translate basic research 

14 into applied technologies to advance the capa15 bility of the United States to maintain a glob16 ally competitive posture in energy storage sys17 tems for motor transportation and electricity 

18 transmission and distribution. 

19 (B) PROGRAM MANAGEMENT.—The centers 

20 shall be jointly managed by the Under Sec21 retary for Science and the Under Secretary of 

22 Energy of the Department. 

23 (C) PARTICIPATION AGREEMENTS.—As a 

24 condition of participating in a center, a partici25 pant shall enter into a participation agreement 


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1 with the center that requires that activities con2 ducted by the participant for the center pro3 mote the goal of enabling the United States to 

4 compete successfully in global energy storage 

5 markets. 

6 (D) PLANS.—A center shall conduct activi7 ties that promote the achievement of the goals 

8 of the plans of the Council under paragraph 

9 (3)(D). 

10 (E) COST SHARING.—In carrying out this 

11 paragraph, the Secretary shall require cost12 sharing in accordance with section 988 of the 

13 Energy Policy Act of 2005 (42 U.S.C. 16352). 

14 (F) NATIONAL LABORATORIES.—A na15 tional laboratory (as defined in section 2 of the 

16 Energy Policy Act of 2005 (42 U.S.C. 15801)) 

17 may participate in a center established under 

18 this paragraph, including a cooperative research 

19 and development agreement (as defined in sec20 tion 12(d) of the Stevenson-Wydler Technology 

21 Innovation Act of 1980 (15 U.S.C. 3710a(d))). 

22 (G) INTELLECTUAL PROPERTY.—A partici23 pant shall be provided appropriate intellectual 

24 property rights commensurate with the nature 


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1 of the participation agreement of the partici2 pant. 

3 (7) REVIEW BY NATIONAL ACADEMY OF

4 SCIENCES.—Not later than 5 years after the date of 

5 enactment of this Act, the Secretary shall offer to 

6 enter into an arrangement with the National Acad7 emy of Sciences to assess the performance of the 

8 Department in making the United States globally 

9 competitive in energy storage systems for motor 

10 transportation and electricity transmission and dis11 tribution. 

12 (8) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to carry 

14 out— 

15 (A) the basic research program under 

16 paragraph (4) $50,000,000 for each of fiscal 

17 years 2008 through 2017; 

18 (B) the applied research program under 

19 paragraph (5) $80,000,000 for each of fiscal 

20 years 2008 through 2017; and; 

21 (C) the energy storage research center pro22 gram under paragraph (6) $100,000,000 for 

23 each of fiscal years 2008 through 2017. 


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1 SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY 

2 PROGRAM. 

3 (a) ELECTRIC DRIVE VEHICLE DEMONSTRATION

4 PROGRAM.— 

5 (1) DEFINITION OF ELECTRIC DRIVE VEHI6 CLE.—In this subsection, the term ‘‘electric drive ve7 hicle’’ means a precommercial vehicle that— 

8 (A) draws motive power from a battery 

9 with at least 4 kilowatt-hours of electricity; 

10 (B) can be recharged from an external 

11 source of electricity for motive power; and 

12 (C) is a light-, medium-, or heavy-duty 

13 onroad or nonroad vehicle. 

14 (2) PROGRAM.—The Secretary shall establish a 

15 competitive program to provide grants for dem16 onstrations of electric drive vehicles. 

17 (3) ELIGIBILITY.—A State government, local 

18 government, metropolitan transportation authority, 

19 air pollution control district, private entity, and non20 profit entity shall be eligible to receive a grant under 

21 this subsection. 

22 (4) PRIORITY.—In making grants under this 

23 subsection, the Secretary shall give priority to pro24 posals that— 


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1 (A) are likely to contribute to the commer2 cialization and production of electric drive vehi3 cles in the United States; and 

4 (B) reduce petroleum usage. 

5 (5) SCOPE OF DEMONSTRATIONS.—The Sec6 retary shall ensure, to the extent practicable, that 

7 the program established under this subsection in8 cludes a variety of applications, manufacturers, and 

9 end-uses. 

10 (6) REPORTING.—The Secretary shall require a 

11 grant recipient under this subsection to submit to 

12 the Secretary, on an annual basis, data relating to 

13 vehicle, performance, life cycle costs, and emissions 

14 of vehicles demonstrated under the grant, including 

15 emissions of greenhouse gases. 

16 (7) COST SHARING.—Section 988 of the Energy 

17 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

18 a grant made under this subsection. 

19 (8) AUTHORIZATIONS OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection $60,000,000 for each of fiscal years 

22 2008 through 2012, of which not less than 

23 $20,000,000 shall be available each fiscal year only 

24 to make grants local and municipal governments. 


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1 (b) NEAR-TERM OIL SAVING TRANSPORTATION DE2 PLOYMENT PROGRAM.— 

3 (1) DEFINITION OF QUALIFIED TRANSPOR4 TATION PROJECT.—In this subsection, the term 

5 ‘‘qualified transportation project’’ means— 

6 (A) a project that simultaneously reduces 

7 emissions of criteria pollutants, greenhouse gas 

8 emissions, and petroleum usage by at least 40 

9 percent as compared to commercially available, 

10 petroleum-based technologies used in nonroad 

11 vehicles; and 

12 (B) an electrification project involving 

13 onroad commercial trucks, rail transportation, 

14 or ships, and any associated infrastructure (in15 cluding any panel upgrades, battery chargers, 

16 trenching, and alternative fuel infrastructure). 

17 (2) PROGRAM.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary, in con19 sultation with the Secretary of Transportation, shall 

20 establish a program to provide grants to eligible en21 tities for the conduct of qualified transportation 

22 projects. 

23 (3) PRIORITY.—In providing grants under this 

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1 scale projects and large-scale aggregators of 

2 projects. 

3 (4) COST SHARING.—Section 988 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

5 a grant made under this subsection. 

6 (5) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to carry this subsection 

8 $90,000,000 for each of fiscal years 2008 through 

9 2013. 

10 Subtitle D—Setting Energy 

11 Efficiency Goals 

12 SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN 

13 TRANSPORTATION. 

14 (a) GOALS.—The goals of the United States are to 

15 reduce gasoline usage in the United States from the levels 

16 projected under subsection (b) by— 

17 (1) 20 percent by calendar year 2017; 

18 (2) 35 percent by calendar year 2025; and 

19 (3) 45 percent by calendar year 2030. 

20 (b) MEASUREMENT.—For purposes of subsection (a), 

21 reduction in gasoline usage shall be measured from the 

22 estimates for each year in subsection (a) contained in the 

23 reference case in the report of the Energy Information Ad24 ministration entitled ‘‘Annual Energy Outlook 2007’’. 

25 (c) STRATEGIC PLAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary, in 

3 cooperation with the Administrator of the Environ4 mental Protection Agency and the heads of other ap5 propriate Federal agencies, shall develop a strategic 

6 plan to achieve the national goals for reduction in 

7 gasoline usage established under subsection (a). 

8 (2) PUBLIC INPUT AND COMMENT.—The Sec9 retary shall develop the plan in a manner that pro10 vides appropriate opportunities for public comment. 

11 (d) PLAN CONTENTS.—The strategic plan shall— 

12 (1) establish future regulatory, funding, and 

13 policy priorities to ensure compliance with the na14 tional goals; 

15 (2) include energy savings estimates for each 

16 sector; and 

17 (3) include data collection methodologies and 

18 compilations used to establish baseline and energy 

19 savings data. 

20 (e) PLAN UPDATES.— 

21 (1) IN GENERAL.—The Secretary shall— 

22 (A) update the strategic plan biennially; 

23 and 

24 (B) include the updated strategic plan in 

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1 tion 801 of the Department of Energy Organi2 zation Act (42 U.S.C. 7321). 

3 (2) CONTENTS.—In updating the plan, the Sec4 retary shall— 

5 (A) report on progress made toward imple6 menting efficiency policies to achieve the na7 tional goals established under subsection (a); 

8 and 

9 (B) to the maximum extent practicable, 

10 verify energy savings resulting from the poli11 cies. 

12 (f) REPORT TO CONGRESS AND PUBLIC.—The Sec13 retary shall submit to Congress, and make available to the 

14 public, the initial strategic plan developed under sub15 section (c) and each updated plan. 

16 SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT 

17 GOALS. 

18 (a) GOALS.—The goals of the United States are— 

19 (1) to achieve an improvement in the overall en20 ergy productivity of the United States (measured in 

21 gross domestic product per unit of energy input) of 

22 at least 2.5 percent per year by the year 2012; and 

23 (2) to maintain that annual rate of improve24 ment each year through 2030. 

25 (b) STRATEGIC PLAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretary, in 

3 cooperation with the Administrator of the Environ4 mental Protection Agency and the heads of other ap5 propriate Federal agencies, shall develop a strategic 

6 plan to achieve the national goals for improvement 

7 in energy productivity established under subsection 

8 (a). 

9 (2) PUBLIC INPUT AND COMMENT.—The Sec10 retary shall develop the plan in a manner that pro11 vides appropriate opportunities for public input and 

12 comment. 

13 (c) PLAN CONTENTS.—The strategic plan shall— 

14 (1) establish future regulatory, funding, and 

15 policy priorities to ensure compliance with the na16 tional goals; 

17 (2) include energy savings estimates for each 

18 sector; and 

19 (3) include data collection methodologies and 

20 compilations used to establish baseline and energy 

21 savings data. 

22 (d) PLAN UPDATES.— 

23 (1) IN GENERAL.—The Secretary shall— 

24 (A) update the strategic plan biennially; 

25 and 


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1 (B) include the updated strategic plan in 

2 the national energy policy plan required by sec3 tion 801 of the Department of Energy Organi4 zation Act (42 U.S.C. 7321). 

5 (2) CONTENTS.—In updating the plan, the Sec6 retary shall— 

7 (A) report on progress made toward imple8 menting efficiency policies to achieve the na9 tional goals established under subsection (a); 

10 and 

11 (B) verify, to the maximum extent prac12 ticable, energy savings resulting from the poli13 cies. 

14 (e) REPORT TO CONGRESS AND PUBLIC.—The Sec15 retary shall submit to Congress, and make available to the 

16 public, the initial strategic plan developed under sub17 section (b) and each updated plan. 

18 SEC. 253. NATIONAL MEDIA CAMPAIGN. 

19 (a) IN GENERAL.—The Secretary, acting through the 

20 Assistant Secretary for Energy Efficiency and Renewable 

21 Energy (referred to in this section as the ‘‘Secretary’’), 

22 shall develop and conduct a national media campaign— 

23 (1) to increase energy efficiency throughout the 

24 economy of the United States over the next decade; 


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1 (2) to promote the national security benefits as2 sociated with increased energy efficiency; and 

3 (3) to decrease oil consumption in the United 

4 States over the next decade. 

5 (b) CONTRACT WITH ENTITY.—The Secretary shall 

6 carry out subsection (a) directly or through— 

7 (1) competitively bid contracts with 1 or more 

8 nationally recognized media firms for the develop9 ment and distribution of monthly television, radio, 

10 and newspaper public service announcements; or 

11 (2) collective agreements with 1 or more nation12 ally recognized institutes, businesses, or nonprofit 

13 organizations for the funding, development, and dis14 tribution of monthly television, radio, and newspaper 

15 public service announcements. 

16 (c) USE OF FUNDS.— 

17 (1) IN GENERAL.—Amounts made available to 

18 carry out this section shall be used for the following: 

19 (A) ADVERTISING COSTS.— 

20 (i) The purchase of media time and 

21 space. 

22 (ii) Creative and talent costs. 

23 (iii) Testing and evaluation of adver24 tising. 


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1 (iv) Evaluation of the effectiveness of 

2 the media campaign. 

3 (B) ADMINISTRATIVE COSTS.—Operational 

4 and management expenses. 

5 (2) LIMITATIONS.—In carrying out this section, 

6 the Secretary shall allocate not less than 85 percent 

7 of funds made available under subsection (e) for 

8 each fiscal year for the advertising functions speci9 fied under paragraph (1)(A). 

10 (d) REPORTS.—The Secretary shall annually submit 

11 to Congress a report that describes— 

12 (1) the strategy of the national media campaign 

13 and whether specific objectives of the campaign were 

14 accomplished, including— 

15 (A) determinations concerning the rate of 

16 change of energy consumption, in both absolute 

17 and per capita terms; and 

18 (B) an evaluation that enables consider19 ation whether the media campaign contributed 

20 to reduction of energy consumption; 

21 (2) steps taken to ensure that the national 

22 media campaign operates in an effective and effi23 cient manner consistent with the overall strategy 

24 and focus of the campaign; 


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1 (3) plans to purchase advertising time and 

2 space; 

3 (4) policies and practices implemented to ensure 

4 that Federal funds are used responsibly to purchase 

5 advertising time and space and eliminate the poten6 tial for waste, fraud, and abuse; and 

7 (5) all contracts or cooperative agreements en8 tered into with a corporation, partnership, or indi9 vidual working on behalf of the national media cam10 paign. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) IN GENERAL.—There is authorized to be 

13 appropriated to carry out this section $5,000,000 for 

14 each of fiscal years 2008 through 2012. 

15 (2) DECREASED OIL CONSUMPTION.—The Sec16 retary shall use not less than 50 percent of the 

17 amount that is made available under this section for 

18 each fiscal year to develop and conduct a national 

19 media campaign to decrease oil consumption in the 

20 United States over the next decade. 

21 SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM. 

22 (a) STATEMENT OF POLICY.—It is the policy of the 

23 United States that developing and deploying advanced 

24 technology to modernize and increase the efficiency of the 

25 electricity grid system of the United States is essential to 


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1 maintain a reliable and secure electricity transmission and 

2 distribution infrastructure that can meet future demand 

3 growth. 

4 (b) PROGRAMS.—The Secretary, the Federal Energy 

5 Regulatory Commission, and other Federal agencies, as 

6 appropriate, shall carry out programs to support the use, 

7 development, and demonstration of advanced transmission 

8 and distribution technologies, including real-time moni9 toring and analytical software— 

10 (1) to maximize the capacity and efficiency of 

11 electricity networks; 

12 (2) to enhance grid reliability; 

13 (3) to reduce line losses; 

14 (4) to facilitate the transition to real-time elec15 tricity pricing; 

16 (5) to allow grid incorporation of more onsite 

17 renewable energy generators; 

18 (6) to enable electricity to displace a portion of 

19 the petroleum used to power the national transpor20 tation system of the United States; and 

21 (7) to enable broad deployment of distributed 

22 generation and demand side management tech23 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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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 

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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 

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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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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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) DEFINITIONS.—In this section: 

16 (1) INDUSTRIAL SOURCES OF CARBON DIOX17 IDE.—The term ‘‘industrial sources of carbon diox18 ide’’ means one or more facilities to— 

19 (A) generate electric energy from fossil 

20 fuels; 

21 (B) refine petroleum; 

22 (C) manufacture iron or steel; 

23 (D) manufacture cement or cement clinker; 

24 (E) manufacture commodity chemicals (in25 cluding from coal gasification); or 


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1 (F) manufacture transportation fuels from 

2 coal. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 (b) PROGRAM ESTABLISHMENT.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out a program to demonstrate technologies for the 

8 large-scale capture of carbon dioxide from industrial 

9 sources of carbon dioxide. 

10 (2) SCOPE OF AWARD.—An award under this 

11 section shall be only for the portion of the project 

12 that carries out the large-scale capture (including 

13 purification and compression) of carbon dioxide, as 

14 well as the cost of transportation and injection of 

15 carbon dioxide. 

16 (3) QUALIFICATIONS FOR AWARD.—To be eligi17 ble for an award under this section, a project pro18 posal must include the following: 

19 (A) CAPACITY.—The capture of not less 

20 than eighty-five percent of the produced carbon 

21 dioxide at the facility, and not less than 

22 500,000 short tons of carbon dioxide per year. 

23 (B) STORAGE AGREEMENT.—A binding 

24 agreement for the storage of all of the captured 

25 carbon dioxide in— 


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1 (i) a field testing validation activity 

2 under section 963 of the Energy Policy Act 

3 of 2005, as amended by this Act; or 

4 (ii) other geological storage projects 

5 approved by the Secretary. 

6 (C) PURITY LEVEL.—A purity level of at 

7 least 95 percent for the captured carbon dioxide 

8 delivered for storage. 

9 (D) COMMITMENT TO CONTINUED OPER10 ATION OF SUCCESSFUL UNIT.—If the project 

11 successfully demonstrates capture and storage 

12 of carbon dioxide, a commitment to continued 

13 capture and storage of carbon dioxide after the 

14 conclusion of the demonstration. 

15 (4) COST-SHARING.—The cost-sharing require16 ments of section 988 of the Energy Policy Act of 

17 2005 shall apply to this section. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary to carry 

20 out this section $100,000,000 per year for fiscal years 

21 2009 through 2013. 


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1 TITLE IV—PUBLIC BUILDINGS 

2 COST REDUCTION 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Public Buildings Cost 

5 Reduction Act of 2007’’. 

6 SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION 

7 PROGRAM. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—The Administrator of Gen10 eral Services (referred to in this section as the ‘‘Ad11 ministrator’’) shall establish a program to accelerate 

12 the use of more cost-effective technologies and prac13 tices at GSA facilities. 

14 (2) REQUIREMENTS.—The program established 

15 under this subsection shall— 

16 (A) ensure centralized responsibility for 

17 the coordination of cost reduction recommenda18 tions, practices, and activities of all relevant 

19 Federal agencies; 

20 (B) provide technical assistance and oper21 ational guidance to applicable tenants in order 

22 to achieve the goals identified in subsection 

23 (c)(2)(A); and 


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1 (C) establish methods to track the success 

2 of departments and agencies with respect to the 

3 goals identified in subsection (c)(2)(A). 

4 (b) ACCELERATED USE OF COST-EFFECTIVE LIGHT5 ING TECHNOLOGIES.— 

6 (1) REVIEW.— 

7 (A) IN GENERAL.—As part of the program 

8 under this subsection, not later than 90 days 

9 after the date of enactment of this Act, the Ad10 ministrator shall conduct a review of— 

11 (i) current use of cost-effective light12 ing technologies in GSA facilities; and 

13 (ii) the availability to managers of 

14 GSA facilities of cost-effective lighting 

15 technologies. 

16 (B) REQUIREMENTS.—The review under 

17 subparagraph (A) shall— 

18 (i) examine the use of cost-effective 

19 lighting technologies and other cost-effec20 tive technologies and practices by Federal 

21 agencies in GSA facilities; and 

22 (ii) identify, in consultation with the 

23 Environmental Protection Agency, cost-ef24 fective lighting technology standards that 


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1 could be used for all types of GSA facili2 ties. 

3 (2) REPLACEMENT.— 

4 (A) IN GENERAL.—As part of the program 

5 under this subsection, not later than 180 days 

6 after the date of enactment of this Act, the Ad7 ministrator shall establish a cost-effective light8 ing technology acceleration program to achieve 

9 maximum feasible replacement of existing light10 ing technologies with more cost-effective light11 ing technologies in each GSA facility using 

12 available appropriations. 

13 (B) ACCELERATION PLAN TIMETABLE.— 

14 (i) IN GENERAL.—To implement the 

15 program established under subparagraph 

16 (A), not later than 1 year after the date of 

17 enactment of this Act, the Administrator 

18 shall establish a timetable including mile19 stones for specific activities needed to re20 place existing lighting technologies with 

21 more cost-effective lighting technologies, to 

22 the maximum extent feasible (including at 

23 the maximum rate feasible), at each GSA 

24 facility. 


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1 (ii) GOAL.—The goal of the timetable 

2 under clause (i) shall be to complete, using 

3 available appropriations, maximum feasible 

4 replacement of existing lighting tech5 nologies with more cost-effective lighting 

6 technologies by not later than the date that 

7 is 5 years after the date of enactment of 

8 this Act. 

9 (c) GSA FACILITY COST-EFFECTIVE TECHNOLOGIES

10 AND PRACTICES.—Not later than 180 days after the date 

11 of enactment of this Act, and annually thereafter, the Ad12 ministrator shall— 

13 (1) ensure that a manager responsible for accel14 erating the use of cost-effective technologies and 

15 practices is designated for each GSA facility; and 

16 (2) submit to Congress a plan, to be imple17 mented to the maximum extent feasible (including at 

18 the maximum rate feasible) using available appro19 priations, by not later than the date that is 5 years 

20 after the date of enactment of this Act, that— 

21 (A) identifies the specific activities needed 

22 to achieve a 20-percent reduction in operational 

23 costs through the application of cost-effective 

24 technologies and practices from 2003 levels at 


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1 GSA facilities by not later than 5 years after 

2 the date of enactment of this Act; 

3 (B) describes activities required and car4 ried out to estimate the funds necessary to 

5 achieve the reduction described in subparagraph 

6 (A); 

7 (C) describes the status of the implementa8 tion of cost-effective technologies and practices 

9 at GSA facilities, including— 

10 (i) the extent to which programs, in11 cluding the program established under sub12 section (b), are being carried out in ac13 cordance with this title; and 

14 (ii) the status of funding requests and 

15 appropriations for those programs; 

16 (D) identifies within the planning, budg17 eting, and construction process all types of GSA 

18 facility-related procedures that inhibit new and 

19 existing GSA facilities from implementing cost20 effective technologies and practices; 

21 (E) recommends language for uniform 

22 standards for use by Federal agencies in imple23 menting cost-effective technologies and prac24 tices; 


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1 (F) in coordination with the Office of Man2 agement and Budget, reviews the budget proc3 ess for capital programs with respect to alter4 natives for— 

5 (i) permitting Federal agencies to re6 tain all identified savings accrued as a re7 sult of the use of cost-effective technologies 

8 and practices; and 

9 (ii) identifying short- and long-term 

10 cost savings that accrue from cost-effective 

11 technologies and practices; 

12 (G) achieves cost savings through the ap13 plication of cost-effective technologies and prac14 tices sufficient to pay the incremental addi15 tional costs of installing the cost-effective tech16 nologies and practices by not later than the 

17 date that is 5 years after the date of installa18 tion; and 

19 (H) includes recommendations to address 

20 each of the matters, and a plan for implementa21 tion of each recommendation, described in sub22 paragraphs (A) through (G). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as are necVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 essary to carry out this section, to remain available until 

2 expended. 

3 SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEM4 ONSTRATION GRANT PROGRAM FOR LOCAL 

5 GOVERNMENTS. 

6 (a) GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Administrator of the 

8 Environmental Protection Agency (referred to in 

9 this section as the ‘‘Administrator’’) shall establish 

10 a demonstration program under which the Adminis11 trator shall provide competitive grants to assist local 

12 governments (such as municipalities and counties), 

13 with respect to local government buildings— 

14 (A) to deploy cost-effective technologies 

15 and practices; and 

16 (B) to achieve operational cost savings, 

17 through the application of cost-effective tech18 nologies and practices, as verified by the Ad19 ministrator. 

20 (2) COST SHARING.— 

21 (A) IN GENERAL.—The Federal share of 

22 the cost of an activity carried out using a grant 

23 provided under this section shall be 40 percent. 

24 (B) WAIVER OF NON-FEDERAL SHARE.— 

25 The Administrator may waive up to 100 perVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 cent of the local share of the cost of any grant 

2 under this section should the Administrator de3 termine that the community is economically dis4 tressed, pursuant to objective economic criteria 

5 established by the Administrator in published 

6 guidelines. 

7 (3) MAXIMUM AMOUNT.—The amount of a 

8 grant provided under this subsection shall not exceed 

9 $1,000,000. 

10 (b) GUIDELINES.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, the Administrator 

13 shall issue guidelines to implement the grant pro14 gram established under subsection (a). 

15 (2) REQUIREMENTS.—The guidelines under 

16 paragraph (1) shall establish— 

17 (A) standards for monitoring and 

18 verification of operational cost savings through 

19 the application of cost-effective technologies and 

20 practices reported by grantees under this sec21 tion; 

22 (B) standards for grantees to implement 

23 training programs, and to provide technical as24 sistance and education, relating to the retrofit 


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1 of buildings using cost-effective technologies 

2 and practices; and 

3 (C) a requirement that each local govern4 ment that receives a grant under this section 

5 shall achieve facility-wide cost savings, through 

6 renovation of existing local government build7 ings using cost-effective technologies and prac8 tices, of at least 40 percent as compared to the 

9 baseline operational costs of the buildings be10 fore the renovation (as calculated assuming a 3- 

11 year, weather-normalized average). 

12 (c) COMPLIANCE WITH STATE AND LOCAL LAW.— 

13 Nothing in this section or any program carried out using 

14 a grant provided under this section supersedes or other15 wise affects any State or local law, to the extent that the 

16 State or local law contains a requirement that is more 

17 stringent than the relevant requirement of this section. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $20,000,000 for each of fiscal years 2007 through 2012. 

21 (e) REPORTS.— 

22 (1) IN GENERAL.—The Administrator shall pro23 vide annual reports to Congress on cost savings 

24 achieved and actions taken and recommendations 


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1 made under this section, and any recommendations 

2 for further action. 

3 (2) FINAL REPORT.—The Administrator shall 

4 issue a final report at the conclusion of the program, 

5 including findings, a summary of total cost savings 

6 achieved, and recommendations for further action. 

7 (f) TERMINATION.—The program under this section 

8 shall terminate on September 30, 2012. 

9 SEC. 404. DEFINITIONS. 

10 In this title: 

11 (1) COST-EFFECTIVE LIGHTING TECH12 NOLOGY.— 

13 (A) IN GENERAL.—The term ‘‘cost-effec14 tive lighting technology’’ means a lighting tech15 nology that— 

16 (i) will result in substantial oper17 ational cost savings by ensuring an in18 stalled consumption of not more than 1 

19 watt per square foot; or 

20 (ii) is contained in a list under— 

21 (I) section 553 of Public Law 

22 95–619 (42 U.S.C. 8259b); and 

23 (II) Federal acquisition regula24 tion 23–203. 


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1 (B) INCLUSIONS.—The term ‘‘cost-effec2 tive lighting technology’’ includes— 

3 (i) lamps; 

4 (ii) ballasts; 

5 (iii) luminaires; 

6 (iv) lighting controls; 

7 (v) daylighting; and 

8 (vi) early use of other highly cost-ef9 fective lighting technologies. 

10 (2) COST-EFFECTIVE TECHNOLOGIES AND

11 PRACTICES.—The term ‘‘cost-effective technologies 

12 and practices’’ means a technology or practice 

13 that— 

14 (A) will result in substantial operational 

15 cost savings by reducing utility costs; and 

16 (B) complies with the provisions of section 

17 553 of Public Law 95–619 (42 U.S.C. 8259b) 

18 and Federal acquisition regulation 23–203. 

19 (3) OPERATIONAL COST SAVINGS.— 

20 (A) IN GENERAL.—The term ‘‘operational 

21 cost savings’’ means a reduction in end-use 

22 operational costs through the application of 

23 cost-effective technologies and practices, includ24 ing a reduction in electricity consumption rel25 ative to consumption by the same customer or 


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1 at the same facility in a given year, as defined 

2 in guidelines promulgated by the Administrator 

3 pursuant to section 403(b), that achieves cost 

4 savings sufficient to pay the incremental addi5 tional costs of using cost-effective technologies 

6 and practices by not later than the date that is 

7 5 years after the date of installation. 

8 (B) INCLUSIONS.—The term ‘‘operational 

9 cost savings’’ includes savings achieved at a fa10 cility as a result of— 

11 (i) the installation or use of cost-effec12 tive technologies and practices; or 

13 (ii) the planting of vegetation that 

14 shades the facility and reduces the heating, 

15 cooling, or lighting needs of the facility. 

16 (C) EXCLUSION.—The term ‘‘operational 

17 cost savings’’ does not include savings from 

18 measures that would likely be adopted in the 

19 absence of cost-effective technology and prac20 tices programs, as determined by the Adminis21 trator. 

22 (4) GSA FACILITY.— 

23 (A) IN GENERAL.—The term ‘‘GSA facil24 ity’’ means any building, structure, or facility, 

25 in whole or in part (including the associated 


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1 support systems of the building, structure, or 

2 facility) that— 

3 (i) is constructed (including facilities 

4 constructed for lease), renovated, or pur5 chased, in whole or in part, by the Admin6 istrator for use by the Federal Govern7 ment; or 

8 (ii) is leased, in whole or in part, by 

9 the Administrator for use by the Federal 

10 Government— 

11 (I) except as provided in sub12 clause (II), for a term of not less than 

13 5 years; or 

14 (II) for a term of less than 5 

15 years, if the Administrator determines 

16 that use of cost-effective technologies 

17 and practices would result in the pay18 back of expenses. 

19 (B) INCLUSION.—The term ‘‘GSA facility’’ 

20 includes any group of buildings, structures, or 

21 facilities described in subparagraph (A) (includ22 ing the associated energy-consuming support 

23 systems of the buildings, structures, and facili24 ties). 


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1 (C) EXEMPTION.—The Administrator may 

2 exempt from the definition of ‘‘GSA facility’’ 

3 under this paragraph a building, structure, or 

4 facility that meets the requirements of section 

5 543(c) of Public Law 95–619 (42 U.S.C. 

6 8253(c)). 

7 TITLE V—CORPORATE AVERAGE 

8 FUEL ECONOMY STANDARDS 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘Ten-in-Ten Fuel 

11 Economy Act’’. 

12 SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR 

13 AUTOMOBILES, MEDIUM-DUTY TRUCKS, AND 

14 HEAVY DUTY TRUCKS. 

15 (a) INCREASED STANDARDS.—Section 32902 of title 

16 49, United States Code, is amended— 

17 (1) by striking ‘‘NON-PASSENGER AUTO18 MOBILES.—’’ in subsection (a) and inserting ‘‘PRE19 SCRIPTION OF STANDARDS BY REGULATION.—’’; 

20 (2) by striking ‘‘automobiles (except passenger 

21 automobiles)’’ in subsection (a) and inserting ‘‘auto22 mobiles, medium-duty trucks, and heavy-duty 

23 trucks’’; and 

24 (3) by striking subsection (b) and inserting the 

25 following: 


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1 ‘‘(b) STANDARDS FOR AUTOMOBILES, MEDIUM-DUTY

2 TRUCKS, AND HEAVY-DUTY TRUCKS.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Transpor4 tation, after consultation with the Administrator of 

5 the Environmental Protection Agency, shall pre6 scribe average fuel economy standards for auto7 mobiles, medium-duty trucks, and heavy-duty trucks 

8 manufactured by a manufacturer in each model year 

9 beginning with model year 2011 in accordance with 

10 subsection (c). 

11 ‘‘(2) ANNUAL INCREASES IN FUEL ECONOMY

12 STANDARDS.— 

13 ‘‘(A) BASELINE AVERAGE FUEL ECONOMY

14 STANDARDS FOR MEDIUM- AND HEAVY-DUTY

15 TRUCKS.—For the first 2 model years begin16 ning after the submission to Congress of the 

17 initial report by the National Academy of 

18 Sciences required by section 510 of the Ten-in19 Ten Fuel Economy Act, the average fuel econ20 omy required to be attained for each attribute 

21 class of medium-duty trucks and heavy-duty 

22 trucks shall be the average combined highway 

23 and city miles-per-gallon performance of all ve24 hicles within that class in the model year imme25 diately preceding the first of those 2 model 


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years (rounded to the nearest 1 1 ⁄10 mile per gal2 lon). 

3 ‘‘(B) MEDIUM- AND HEAVY-DUTY TRUCK

4 FUEL ECONOMY AVERAGE AFTER BASELINE

5 MODEL YEAR.—For each model year beginning 

6 after the 2 model years specified in subpara7 graph (A), the average fuel economy required to 

8 be attained by the fleet of medium-duty trucks 

9 and heavy-duty trucks manufactured in the 

10 United States shall be at least 4 percent great11 er than the average fuel economy required to be 

12 attained for the fleet in the previous model year 

(rounded to the nearest 1 13 ⁄10 mile per gallon). 

14 Standards shall be issued for medium-duty 

15 trucks and heavy-duty trucks for 20 model 

16 years. 

17 ‘‘(3) FUEL ECONOMY TARGET FOR AUTO18 MOBILES.— 

19 ‘‘(A) BASELINE AVERAGE FUEL ECONOMY

20 STANDARDS FOR AUTOMOBILES.—The Sec21 retary shall prescribe average fuel economy 

22 standards for automobiles in each model year 

23 beginning with model year 2011 to achieve a 

24 combined fuel economy standard for model year 

25 2020 of at least 35 miles per gallon for the fleet 


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1 of automobiles manufactured or sold in the 

2 United States. The average fuel economy stand3 ards prescribed by the Secretary shall be the 

4 maximum feasible average fuel economy stand5 ards for model years 2011 through 2019. 

6 ‘‘(B) AUTOMOBILE FUEL ECONOMY AVER7 AGE FOR MODEL YEARS 2021 THROUGH 2030.— 

8 For model years 2021 through 2030, the aver9 age fuel economy required to be attained by the 

10 fleet of automobiles manufactured or sold in the 

11 United States shall be at least 4 percent great12 er than the average fuel economy standard re13 quired to be attained for the fleet in the previous model year (rounded to the nearest 1 14 ⁄10

15 mile per gallon).’’. 

16 (b) AUTHORITY OF SECRETARY.—Section 32902 of 

17 title 49, United States Code, is amended by adding at the 

18 end thereof the following: 

19 ‘‘(k) AUTHORITY OF THE SECRETARY.— 

20 ‘‘(1) VEHICLE ATTRIBUTES.—The authority of 

21 the Secretary to prescribe by regulation average fuel 

22 economy standards for automobiles, medium-duty 

23 trucks, and heavy-duty trucks under this section in24 cludes the authority— 


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1 ‘‘(A) to prescribe standards based on vehi2 cle attributes and to express the standards in 

3 the form of a mathematical function; and 

4 ‘‘(B) to issue regulations under this title 

5 prescribing average fuel economy standards for 

6 1 or more model years. 

7 ‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE

8 INCREASE.—When the Secretary prescribes a stand9 ard, or prescribes an amendment under this section 

10 that changes a standard, the standard may not be 

11 expressed as a uniform percentage increase from the 

12 fuel-economy performance of attribute classes or cat13 egories already achieved in a model year by a manu14 facturer.’’. 

15 SEC. 503. AMENDING FUEL ECONOMY STANDARDS. 

16 (a) IN GENERAL.—Section 32902(c) of title 49, 

17 United States Code, is amended to read as follows: 

18 ‘‘(c) AMENDING FUEL ECONOMY STANDARDS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding sub20 sections (a) and (b), the Secretary of Transpor21 tation— 

22 ‘‘(A) may prescribe a standard higher than 

23 that required under subsection (b); or 

24 ‘‘(B) may prescribe an average fuel econ25 omy standard for a class of automobiles, meVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 dium-duty trucks, or heavy-duty trucks that is 

2 the maximum feasible level for the model year, 

3 despite being lower than the standard required 

4 under subsection (b), if the Secretary, based on 

5 clear and convincing evidence, that the average 

6 fuel economy standard prescribed in accordance 

7 with subsections (a) and (b) for that class of 

8 vehicles in that model year is shown not to be 

9 cost-effective. 

10 ‘‘(2) REQUIREMENTS FOR LOWER STANDARD.— 

11 Before adopting an average fuel economy standard 

12 for a class of automobiles, medium-duty trucks, or 

13 heavy-duty trucks in a model year under paragraph 

14 (1)(B), the Secretary of Transportation shall do the 

15 following: 

16 ‘‘(A) NOTICE OF PROPOSED RULE.—Ex17 cept for standards to be promulgated by 2011, 

18 at least 30 months before the model year for 

19 which the standard is to apply, the Secretary 

20 shall post a notice of proposed rulemaking for 

21 the proposed standard. The notice shall include 

22 a detailed analysis of the basis for the Sec23 retary’s determination under paragraph (1)(B). 

24 ‘‘(B) FINAL RULE.—At least 18 months 

25 before the model year for which the standard is 


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1 to apply, the Secretary shall promulgate a final 

2 rule establishing the standard. 

3 ‘‘(C) REPORT.—The Secretary shall sub4 mit a report to Congress that outlines the steps 

5 that need to be taken to avoid further reduc6 tions in average fuel economy standards. 

7 ‘‘(3) MAXIMUM FEASIBLE STANDARD.—An av8 erage fuel economy standard prescribed for a class 

9 of automobiles, medium-duty trucks, or heavy-duty 

10 trucks in a model year under paragraph (1) shall be 

11 the maximum feasible standard.’’. 

12 (b) FEASIBILITY CRITERIA.—Section 32902(f) of 

13 title 49, United States Code, is amended to read as fol14 lows: 

15 ‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AVERAGE

16 FUEL ECONOMY.— 

17 ‘‘(1) IN GENERAL.—When deciding maximum 

18 feasible average fuel economy under this section, the 

19 Secretary shall consider— 

20 ‘‘(A) economic practicability; 

21 ‘‘(B) the effect of other motor vehicle 

22 standards of the Government on fuel economy; 

23 ‘‘(C) environmental impacts; and 

24 ‘‘(D) the need of the United States to con25 serve energy. 


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1 ‘‘(2) LIMITATIONS.—In setting any standard 

2 under subsection (b), (c), or (d), the Secretary shall 

3 ensure that each standard is the highest standard 

4 that— 

5 ‘‘(A) is technologically achievable; 

6 ‘‘(B) can be achieved without materially 

7 reducing the overall safety of automobiles, me8 dium-duty trucks, and heavy-duty trucks manu9 factured or sold in the United States; 

10 ‘‘(C) is not less than the standard for that 

11 class of vehicles from any prior year; and 

12 ‘‘(D) is cost-effective. 

13 ‘‘(3) DETERMINING COST-EFFECTIVENESS.— 

14 ‘‘(A) IN GENERAL.—In determining cost 

15 effectiveness under paragraph (2)(D), the Sec16 retary shall take into account the total value to 

17 the United States of reduced fuel use, including 

18 the monetary value of the reduced fuel use over 

19 the life of the vehicle. 

20 ‘‘(B) ADDITIONAL FACTORS FOR CONSID21 ERATION BY SECRETARY.—The Secretary shall 

22 consider in the analysis the following factors: 

23 ‘‘(i) Economic security. 

24 ‘‘(ii) The impact of the oil or energy 

25 intensity of the United States economy on 


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1 the sensitivity of the economy to oil and 

2 other fuel price changes, including the 

3 magnitude of gross domestic product losses 

4 in response to short term price shocks or 

5 long term price increases. 

6 ‘‘(iii) National security, including the 

7 impact of United States payments for oil 

8 and other fuel imports on political, eco9 nomic, and military developments in unsta10 ble or unfriendly oil-exporting countries. 

11 ‘‘(iv) The uninternalized costs of pipe12 line and storage oil seepage, and for risk 

13 of oil spills from production, handling, and 

14 transport, and related landscape damage. 

15 ‘‘(v) The emissions of pollutants in16 cluding greenhouse gases over the lifecycle 

17 of the fuel and the resulting costs to 

18 human health, the economy, and the envi19 ronment. 

20 ‘‘(vi) Such additional factors as the 

21 Secretary deems relevant. 

22 ‘‘(4) MINIMUM VALUATION.—When considering 

23 the value to consumers of a gallon of gasoline saved, 

24 the Secretary of Transportation shall use as a min25 imum value the value of the gasoline prices projected 


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1 by the Energy Information Administration for the 

2 period covered by the standard beginning in the year 

3 following the year in which the standards are estab4 lished. 

5 ‘‘(5) COST-EFFECTIVE DEFINED.—In this sub6 section, the term ‘cost-effective’ means that the total 

7 value to the United States of reduced fuel use from 

8 a proposed fuel economy standard is greater than or 

9 equal to the total cost to the United States of such 

10 standard. Notwithstanding this definition, the Sec11 retary shall not base the level of any standard on 

12 any technology whose cost to the United States is 

13 substantially more than the value to the United 

14 States of the reduction in fuel use attributable to 

15 that technology.’’. 

16 (c) CONSULTATION REQUIREMENT.—Section 

17 32902(i) of title 49, United States Code, is amended by 

18 inserting ‘‘and the Administrator of the Environmental 

19 Protection Agency’’ after ‘‘Energy’’. 

20 (d) COMMENTS.—Section 32902(j) of title 49, United 

21 States Code, is amended— 

22 (1) by striking paragraph (1) and inserting: 

23 ‘‘(1) Before issuing a notice proposing to pre24 scribe or amend an average fuel economy standard 

25 under subsection (b), (c), or (g) of this section, the 


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1 Secretary of Transportation shall give the Secretary 

2 of Energy and Administrator of the Environmental 

3 Protection Agency at least 10 days after the receipt 

4 of the notice during which the Secretary of Energy 

5 and Administrator may, if the Secretary of Energy 

6 or Administrator concludes that the proposed stand7 ard would adversely affect the conservation goals of 

8 the Secretary of Energy or environmental protection 

9 goals of the Administrator, provide written com10 ments to the Secretary of Transportation about the 

11 impact of the standard on those goals. To the extent 

12 the Secretary of Transportation does not revise a 

13 proposed standard to take into account comments of 

14 the Secretary of Energy or Administrator on any ad15 verse impact of the standard, the Secretary of 

16 Transportation shall include those comments in the 

17 notice.’’; and 

18 (2) by inserting ‘‘and the Administrator’’ after 

19 ‘‘Energy’’ each place it appears in paragraph (2). 

20 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) Section 32902(d) of title 49, United States 

22 Code, is amended by striking ‘‘passenger’’ each place 

23 it appears. 

24 (2) Section 32902(g) of title 49, United States 

25 Code, is amended— 


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1 (A) by striking ‘‘subsection (a) or (d)’’ 

2 each place it appears in paragraph (1) and in3 serting ‘‘subsection (b), (c), or (d)’’; and 

4 (B) striking ‘‘(and submit the amendment 

5 to Congress when required under subsection 

6 (c)(2) of this section)’’ in paragraph (2). 

7 SEC. 504. DEFINITIONS. 

8 (a) IN GENERAL.—Section 32901(a) of title 49, 

9 United States Code, is amended— 

10 (1) by striking paragraph (3) and inserting the 

11 following: 

12 ‘‘(3) except as provided in section 32908 of this 

13 title, ‘automobile’ means a 4-wheeled vehicle that is 

14 propelled by fuel, or by alternative fuel, manufac15 tured primarily for use on public streets, roads, and 

16 highways (except a vehicle operated only on a rail 

17 line), and rated at not more than 10,000 pounds 

18 gross vehicle weight.’’; 

19 (2) by inserting after paragraph (10) the fol20 lowing: 

21 ‘‘(10) ‘heavy-duty truck’ means a truck (as de22 fined in section 30127) with a gross vehicle weight 

23 in excess of 26,000 pounds.’’; 

24 (3) by inserting after paragraph (13) the fol25 lowing: 


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1 ‘‘(13) ‘medium-duty truck’ means a truck (as 

2 defined in section 30127) with a gross vehicle weight 

3 of at least 10,000 pounds but not more than 26,000 

4 pounds.’’; and 

5 (4) by striking paragraph (16). 

6 (b) DEADLINE FOR REGULATIONS.—The Secretary 

7 of Transportation— 

8 (1) shall issue proposed regulations imple9 menting the amendments made by subsection (a) not 

10 later than 1 year after the date of the enactment of 

11 this Act; and 

12 (2) shall issue final regulations implementing 

13 the amendments not later than 18 months after the 

14 date of the enactment of this Act. 

15 (c) EFFECTIVE DATE.—Regulations prescribed 

16 under subsection (b) shall apply beginning with model year 

17 2010. 

18 SEC. 505. ENSURING SAFETY OF AUTOMOBILES. 

19 (a) IN GENERAL.—The Secretary of Transportation 

20 shall exercise such authority under Federal law as the Sec21 retary may have to ensure that automobiles (as defined 

22 in section 32901 of title 49, United States Code) are safe. 

23 (b) VEHICLE SAFETY.—Subchapter II of chapter 301 

24 of title 49, United States Code, is amended by adding at 

25 the end the following: 


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1 ‘‘§ 30129. Vehicle compatibility and aggressivity re2 duction standard 

3 ‘‘(a) STANDARDS.—The Secretary of Transportation 

4 shall issue a motor vehicle safety standard to reduce auto5 mobile incompatibility and aggressivity. The standard 

6 shall address characteristics necessary to ensure better 

7 management of crash forces in multiple vehicle frontal and 

8 side impact crashes between different types, sizes, and 

9 weights of automobiles with a gross vehicle weight of 

10 10,000 pounds or less in order to decrease occupant 

11 deaths and injuries. 

12 ‘‘(b) CONSUMER INFORMATION.—The Secretary shall 

13 develop and implement a public information side and fron14 tal compatibility crash test program with vehicle ratings 

15 based on risks to occupants, risks to other motorists, and 

16 combined risks by vehicle make and model.’’. 

17 (c) RULEMAKING DEADLINES.— 

18 (1) RULEMAKING.—The Secretary of Transpor19 tation shall issue— 

20 (A) a notice of a proposed rulemaking 

21 under section 30129 of title 49, United States 

22 Code, not later than January 1, 2010; and 

23 (B) a final rule under such section not 

24 later than December 31, 2012. 

25 (2) EFFECTIVE DATE OF REQUIREMENTS.— 

26 Any requirement imposed under the final rule issued 


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1 under paragraph (1) shall become fully effective not 

2 later than September 1, 2013. 

3 (d) CONFORMING AMENDMENT.—The chapter anal4 ysis for chapter 301 is amended by inserting after the item 

5 relating to section 30128 the following: 

‘‘30129. Vehicle compatibility and aggressivity reduction standard.’’. 

6 SEC. 506. CREDIT TRADING PROGRAM. 

7 Section 32903 of title 49, United States Code, is 

8 amended— 

9 (1) by striking ‘‘passenger’’ each place it ap10 pears; 

11 (2) by striking ‘‘section 32902(b)–(d) of this 

12 title’’ each place it appears and inserting ‘‘sub13 section (a), (c), or (d) of section 32902’’; 

14 (3) by striking ‘‘3 consecutive model years’’ in 

15 subsections (a)(1) and (a)(2) and inserting ‘‘5 con16 secutive model years’’; 

17 (4) in subsection (a)(2), by striking ‘‘clause (1) 

18 of this subsection,’’ and inserting ‘‘paragraph (1)’’; 

19 (5) by striking ‘‘3 model years’’ in subsection 

20 (b)(2) and inserting ‘‘5 model years’’; and 

21 (6) by striking subsection (e) and inserting the 

22 following: 

23 ‘‘(e) CREDIT TRADING AMONG MANUFACTURERS.— 

24 The Secretary of Transportation may establish, by regula25 tion, a corporate average fuel economy credit trading proVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 gram to allow manufacturers whose automobiles exceed 

2 the average fuel economy standards prescribed under sec3 tion 32902 to earn credits to be sold to manufacturers 

4 whose automobiles fail to achieve the prescribed stand5 ards.’’. 

6 SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE 

7 GAS EMISSIONS. 

8 Section 32908 of title 49, United States Code, is 

9 amended— 

10 (1) by redesignating subparagraph (F) of sub11 section (b)(1) as subparagraph (H) and inserting 

12 after subparagraph (E) the following: 

13 ‘‘(F) a label (or a logo imprinted on a label re14 quired by this paragraph) that— 

15 ‘‘(i) reflects an automobile’s performance 

16 on the basis of criteria developed by the Admin17 istrator to reflect the fuel economy and green18 house gas and other emissions consequences of 

19 operating the automobile over its likely useful 

20 life; 

21 ‘‘(ii) permits consumers to compare per22 formance results under clause (i) among all 

23 automobiles; and 

24 ‘‘(iii) is designed to encourage the manu25 facture and sale of automobiles that meet or exVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ceed applicable fuel economy standards under 

2 section 32902. 

3 ‘‘(G) a fuelstar under paragraph (5).’’; and 

4 (2) by adding at the end of subsection (b) the 

5 following: 

6 ‘‘(4) GREEN LABEL PROGRAM.— 

7 ‘‘(A) MARKETING ANALYSIS.—Not later than 2 

8 years after the date of the enactment of the Ten-in9 Ten Fuel Economy Act, the Administrator shall im10 plement a consumer education program and execute 

11 marketing strategies to improve consumer under12 standing of automobile performance described in 

13 paragraph (1)(F). 

14 ‘‘(B) ELIGIBILITY.—Not later than 3 years 

15 after the date described in subparagraph (A), the 

16 Administrator shall issue requirements for the label 

17 or logo required under paragraph (1)(F) to ensure 

18 that an automobile is not eligible for the label or 

19 logo unless it— 

20 ‘‘(i) meets or exceeds the applicable fuel 

21 economy standard; or 

22 ‘‘(ii) will have the lowest greenhouse gas 

23 emissions over the useful life of the vehicle of 

24 all vehicles in the vehicle attribute class to 

25 which it belongs in that model year. 


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1 ‘‘(5) FUELSTAR PROGRAM.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall estab3 lish a program, to be known as the ‘Fuelstar Pro4 gram’, under which stars shall be imprinted on or 

5 attached to the label required by paragraph (1). 

6 ‘‘(B) GREEN STARS.—Under the Fuelstar Pro7 gram, a manufacturer may include on the label 

8 maintained on an automobile under paragraph (1)— 

9 ‘‘(i) 1 green star for any automobile that 

10 meets the average fuel economy standard for 

11 the model year under section 32902; and 

12 ‘‘(ii) 1 additional green star for each 2 

13 miles per gallon by which the automobile ex14 ceeds such standard. 

15 ‘‘(C) GOLD STARS.—Under the Fuelstar Pro16 gram, a manufacturer may include a gold star on 

17 the label maintained on an automobile under para18 graph (1) if the automobile attains a fuel economy 

19 of at least 50 miles per gallon.’’. 

20 SEC. 508. CONTINUED APPLICABILITY OF EXISTING STAND21 ARDS. 

22 Nothing in this title, or the amendments made by this 

23 title, shall be construed to affect the application of section 

24 32902 of title 49, United States Code, to passenger autoVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 mobiles or non-passenger automobiles manufactured be2 fore model year 2011. 

3 SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of enactment of this Act, the Secretary of Transpor6 tation shall execute an agreement with the National Acad7 emy of Sciences to develop a report evaluating vehicle fuel 

8 economy standards, including— 

9 (1) an assessment of automotive technologies 

10 and costs to reflect developments since the Acad11 emy’s 2002 report evaluating the corporate average 

12 fuel economy standards was conducted; 

13 (2) an analysis of existing and potential tech14 nologies that may be used practically to improve 

15 automobile, medium-duty truck, or heavy-duty truck 

16 fuel economy; 

17 (3) an analysis of how such technologies may be 

18 practically integrated into the automotive, medium19 duty truck, or heavy-duty truck manufacturing proc20 ess; and 

21 (4) an assessment of how such technologies may 

22 be used to meet the new fuel economy standards 

23 under chapter 329 of title 49, United States Code, 

24 as amended by this title. 


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1 (b) QUINQUENNIAL UPDATES.—After submitting the 

2 initial report, the Academy shall update the report at 5 

3 year intervals thereafter through 2025. 

4 (c) REPORT.—The Academy shall submit the report 

5 to the Secretary, the Senate Committee on Commerce, 

6 Science, and Transportation and the House of Represent7 atives Committee on Energy and Commerce, with its find8 ings and recommendations no later than 18 months after 

9 the date on which the Secretary executes the agreement 

10 with the Academy. 

11 SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTO12 MOBILES. 

13 (a) IN GENERAL.—Section 32917 of title 49, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 32917. Standards for Executive agency automobiles 

16 ‘‘(a) FUEL EFFICIENCY.—The head of an Executive 

17 agency shall ensure that each new automobile procured by 

18 the Executive agency is as fuel efficient as practicable. 

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

20 ‘‘(1) EXECUTIVE AGENCY.—The term ‘Execu21 tive agency’ has the meaning given that term in sec22 tion 105 of title 5. 

23 ‘‘(2) NEW AUTOMOBILE.—The term ‘new auto24 mobile’, with respect to the fleet of automobiles of 

25 an executive agency, means an automobile that is 


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1 leased for at least 60 consecutive days or bought, by 

2 or for the Executive agency, after September 30, 

3 2008. The term does not include any vehicle de4 signed for combat-related missions, law enforcement 

5 work, or emergency rescue work.’’. 

6 (b) REPORT.—The Administrator of the General 

7 Services Administration shall develop a report describing 

8 and evaluating the efforts of the heads of the Executive 

9 agencies to comply with section 32917 of title 49, United 

10 States Code, for fiscal year 2009. The Administrator shall 

11 submit the report to Congress no later than December 31, 

12 2009. 

13 SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL 

14 AUTOMOBILES. 

15 (a) AMENDMENT.— 

16 (1) IN GENERAL.—Chapter 329 of title 49, 

17 United States Code, is amended by inserting after 

18 section 32902 the following: 

19 ‘‘§ 32902A. Requirement to manufacture flexible fuel 

20 automobiles 

21 ‘‘(a) IN GENERAL.—For each model year, each man22 ufacturer of new automobiles described in subsection (b) 

23 shall ensure that the percentage of such automobiles man24 ufactured in a particular model year that are flexible fuel 


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1 vehicles shall be not less than the percentage set forth for 

2 that model year in the following table: 

‘‘If the model year is: The percentage of flexible 

fuel automobiles shall be: 

2012 ......................................................................................... 50

2013 ......................................................................................... 60

2014 ......................................................................................... 70

2015 ......................................................................................... 80. 

3 ‘‘(b) AUTOMOBILES TO WHICH SECTION APPLIES.— 

4 An automobile is described in this subsection if it— 

5 ‘‘(1) is capable of operating on gasoline or die6 sel fuel; 

7 ‘‘(2) is distributed in interstate commerce for 

8 sale in the United States; and 

9 ‘‘(3) does not contain certain engines that the 

10 Secretary of Transportation, in consultation with the 

11 Administrator of the Environmental Protection 

12 Agency and the Secretary of Energy, may tempo13 rarily exclude from the definition because it is tech14 nologically infeasible for the engines to have flexible 

15 fuel capability at any time during a period that the 

16 Secretaries and the Administrator are engaged in an 

17 active research program with the vehicle manufac18 turers to develop that capability for the engines.’’. 

19 (2) DEFINITION OF FLEXIBLE FUEL AUTO20 MOBILE.—Section 32901(a) of title 49, United 

21 States Code, is amended by inserting after para22 graph (8), the following: 


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1 ‘‘(8) ‘flexible fuel automobile’ means an auto2 mobile described in paragraph (8)(A).’’. 

3 (3) CLERICAL AMENDMENT.—The table of sec4 tions for chapter 329 of title 49, United States 

5 Code, is amended by inserting after the item relating 

6 to section 32902 the following: 

‘‘Sec. 32902A. Requirement to manufacture flexible fuel automobiles.’’. 

7 (b) RULEMAKING.— 

8 (1) IN GENERAL.—Not later than 1 year after 

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

10 of Transportation shall issue regulations to carry 

11 out the amendments made by subsection (a). 

12 (2) HARDSHIP EXEMPTION.—The regulations 

13 issued pursuant to paragraph (1) shall include a 

14 process by which a manufacturer may be exempted 

15 from the requirement under section 32902A(a) upon 

16 demonstrating that such requirement would create a 

17 substantial economic hardship for the manufacturer. 

18 SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXI19 BLE FUEL AUTOMOBILES. 

20 Section 32908 of title 49, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(g) INCREASING CONSUMER AWARENESS OF FLEXI23 BLE FUEL AUTOMOBILES.—(1) The Secretary of Trans24 portation shall prescribe regulations that require the manVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ufacturer of automobiles distributed in interstate com2 merce for sale in the United States— 

3 ‘‘(A) to prominently display a permanent badge 

4 or emblem on the quarter panel or tailgate of each 

5 such automobile that indicates such vehicle is capa6 ble of operating on alternative fuel; and 

7 ‘‘(B) to include information in the owner’s man8 ual of each such automobile information that de9 scribes— 

10 ‘‘(i) the capability of the automobile to op11 erate using alternative fuel; 

12 ‘‘(ii) the benefits of using alternative fuel, 

13 including the renewable nature, and the envi14 ronmental benefits of using alternative fuel; and 

15 ‘‘(C) to contain a fuel tank cap that is clearly 

16 labeled to inform consumers that the automobile is 

17 capable of operating on alternative fuel. 

18 ‘‘(2) The Secretary of Transportation shall collabo19 rate with autombile retailers to develop voluntary methods 

20 for providing prospective purchasers of automobiles with 

21 information regarding the benefits of using alternative fuel 

22 in automobiles, including— 

23 ‘‘(A) the renewable nature of alternative fuel; 

24 and 


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1 ‘‘(B) the environmental benefits of using alter2 native fuel.’’. 

3 SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECON4 OMY LABELING PROCEDURES. 

5 Beginning in December, 2009, and not less often 

6 than every 5 years thereafter, the Secretary of Transpor7 tation, in consultation with the Administrator of the Envi8 ronmental Protection Agency, shall— 

9 (1) reevaluate the fuel economy labeling proce10 dures described in the final rule published in the 

11 Federal Register on December 27, 2006 (71 Fed. 

12 Reg. 77,872; 40 C.F.R. parts 86 and 600) to deter13 mine whether changes in the factors used to estab14 lish the labeling procedures warrant a revision of 

15 that process; and 

16 (2) submit a report to the Senate Committee on 

17 Commerce, Science, and Transportation and the 

18 House of Representatives Committee on Energy and 

19 Commerce that describes the results of the reevalua20 tion process. 

21 SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMA22 TION. 

23 (a) IN GENERAL.—Chapter 301 of title 49, United 

24 States Code, is amended by inserting after section 30123 

25 the following new section: 


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1 ‘‘§ 30123A. Tire fuel efficiency consumer information 

2 ‘‘(a) RULEMAKING.— 

3 ‘‘(1) IN GENERAL.—Not later than 18 months 

4 after the date of enactment of the Ten-in-Ten Fuel 

5 Economy Act, the Secretary of Transportation shall, 

6 after notice and opportunity for comment, promul7 gate rules establishing a national tire fuel efficiency 

8 consumer information program for tires designed for 

9 use on motor vehicles to educate consumers about 

10 the effect of tires on automobile fuel efficiency. 

11 ‘‘(2) ITEMS INCLUDED IN RULE.—The rule12 making shall include— 

13 ‘‘(A) a national tire fuel efficiency rating 

14 system for motor vehicle tires to assist con15 sumers in making more educated tire pur16 chasing decisions; 

17 ‘‘(B) requirements for providing informa18 tion to consumers, including information at the 

19 point of sale and other potential information 

20 dissemination methods, including the Internet; 

21 ‘‘(C) specifications for test methods for 

22 manufacturers to use in assessing and rating 

23 tires to avoid variation among test equipment 

24 and manufacturers; and 

25 ‘‘(D) a national tire maintenance consumer 

26 education program including, information on 


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1 tire inflation pressure, alignment, rotation, and 

2 tread wear to maximize fuel efficiency. 

3 ‘‘(3) APPLICABILITY.—This section shall not 

4 apply to tires excluded from coverage under section 

5 575.104(c)(2) of title 49, Code of Federal Regula6 tions, as in effect on date of enactment of the Ten7 in-Ten Fuel Economy Act. 

8 ‘‘(b) CONSULTATION.—The Secretary shall consult 

9 with the Secretary of Energy and the Administrator of 

10 the Environmental Protection Agency on the means of 

11 conveying tire fuel efficiency consumer information. 

12 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 

13 conduct periodic assessments of the rules promulgated 

14 under this section to determine the utility of such rules 

15 to consumers, the level of cooperation by industry, and the 

16 contribution to national goals pertaining to energy con17 sumption. The Secretary shall transmit periodic reports 

18 detailing the findings of such assessments to the Senate 

19 Committee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on Energy 

21 and Commerce. 

22 ‘‘(d) TIRE MARKING.—The Secretary shall not re23 quire permanent labeling of any kind on a tire for the pur24 pose of tire fuel efficiency information. 


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1 ‘‘(e) PREEMPTION.—When a requirement under this 

2 section is in effect, a State or political subdivision of a 

3 State may adopt or enforce a law or regulation on tire 

4 fuel efficiency consumer information only if the law or reg5 ulation is identical to that requirement. Nothing in this 

6 section shall be construed to preempt a State or political 

7 subdivision of a State from regulating the fuel efficiency 

8 of tires not otherwise preempted under this chapter.’’. 

9 (b) ENFORCEMENT.—Section 30165(a) of title 49, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘(4) SECTION 30123a.—Any person who fails 

13 to comply with the national tire fuel efficiency con14 sumer information program under section 30123A is 

15 liable to the United States Government for a civil 

16 penalty of not more than $50,000 for each viola17 tion.’’. 

18 (c) Conforming Amendment.—The chapter analysis 

19 for chapter 301 of title 49, United States Code, is amend20 ed by inserting after the item relating to section 30123 

21 the folllowing: 

‘‘30123A. Tire fuel efficiency consumer information.’’. 

22 SEC. 515. ADVANCED BATTERY INITIATIVE. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 shall establish and carry out an Advanced Battery Initia25 tive in accordance with this section to support research, 


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1 development, demonstration, and commercial application 

2 of battery technologies. 

3 (b) INDUSTRY ALLIANCE.—Not later than 180 days 

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

5 competitively select an Industry Alliance to represent par6 ticipants who are private, for-profit firms headquartered 

7 in the United States, the primary business of which is the 

8 manufacturing of batteries. 

9 (c) RESEARCH.— 

10 (1) GRANTS.—The Secretary shall carry out re11 search activities of the Initiative through competi12 tively-awarded grants to— 

13 (A) researchers, including Industry Alli14 ance participants; 

15 (B) small businesses; 

16 (C) National Laboratories; and 

17 (D) institutions of higher education. 

18 (2) INDUSTRY ALLIANCE.—The Secretary shall 

19 annually solicit from the Industry Alliance— 

20 (A) comments to identify advanced battery 

21 technology needs relevant to electric drive tech22 nology; 

23 (B) an assessment of the progress of re24 search activities of the Initiative; and 


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1 (C) assistance in annually updating ad2 vanced battery technology roadmaps. 

3 (d) AVAILABILITY TO THE PUBLIC.—The informa4 tion and roadmaps developed under this section shall be 

5 available to the public. 

6 (e) PREFERENCE.—In making awards under this 

7 subsection, the Secretary shall give preference to partici8 pants in the Industry Alliance. 

9 (f) COST SHARING.—In carrying out this section, the 

10 Secretary shall require cost sharing in accordance with 

11 section 120(b) of title 23, United States Code. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 such sums as may be necessary for each of fiscal years 

15 2008 through 2012. 

16 SEC. 516. BIODIESEL STANDARDS. 

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

18 date of enactment of this Act, the President, in consulta19 tion with the Secretary of Transportation, the Secretary 

20 of Energy, and the Administrator of the Environmental 

21 Protection Administration, shall promulgate standards for 

22 biodiesel blend sold or introduced into commerce in the 

23 United States. 

24 (b) DEFINITIONS.—In this section: 

25 (1) BIODIESEL.— 


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1 (A) IN GENERAL.—The term ‘‘biodiesel’’ 

2 means the monoalkyl esters of long chain fatty 

3 acids derived from plant or animal matter that 

4 meet— 

5 (i) the registration requirements for 

6 fuels and fuel additives established by the 

7 Environmental Protection Agency under 

8 section 211 of the Clean Air Act (42 

9 U.S.C. 7545); and 

10 (ii) the requirements of the American 

11 Society of Testing and Materials D6751. 

12 (B) INCLUSIONS.—The term ‘‘biodiesel’’ 

13 includes esters described in subparagraph (A) 

14 derived from— 

15 (i) animal waste, including poultry 

16 fat, poultry waste, and other waste mate17 rial; and 

18 (ii) municipal solid waste, sludge, and 

19 oil derived from wastewater or the treat20 ment of wastewater. 

21 (2) BIODIESEL BLEND.—The term ‘‘biodiesel 

22 blend’’ means a mixture of biodiesel and diesel fuel, 

23 including— 


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1 (A) a blend of biodiesel and diesel fuel ap2 proximately 5 percent of the content of which 

3 is biodiesel (commonly known as ‘‘B5’’); and 

4 (B) a blend of biodiesel and diesel fuel ap5 proximately 20 percent of the content of which 

6 is biodiesel (commonly known as ‘‘B20’’). 

7 SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND 

8 DEVELOPMENT. 

9 Section 32912 of title 49, United States Code, is 

10 amended by adding at the end thereof the following: 

11 ‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 

12 2008 and each fiscal year thereafter, from the total 

13 amount deposited in the general fund of the Treasury dur14 ing the preceding fiscal year from fines, penalties, and 

15 other funds obtained through enforcement actions con16 ducted pursuant to this section (including funds obtained 

17 under consent decrees), the Secretary of the Treasury, 

18 subject to the availability of appropriations, shall— 

19 ‘‘(1) transfer 50 percent of such total amount 

20 to the account providing appropriations to the Sec21 retary of Transportation for the administration of 

22 this chapter, which shall be used by the Secretary to 

23 carry out a program of research and development 

24 into fuel saving automotive technologies and to sup25 port rulemaking under this chapter; and 


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1 ‘‘(2) transfer 50 percent of such total amount 

2 to the Energy Security Fund established by section 

3 518(a) of the Ten-in-Ten Fuel Economy Act. 

4 ‘‘SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE 

5 FUEL GRANT PROGRAM. 

6 ‘‘(a) ESTABLISHMENT OF FUND.— 

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

8 Treasury a fund, to be known as the ‘Energy Secu9 rity Fund’ (referred to in this section as the ‘Fund’), 

10 consisting of— 

11 ‘‘(A) amounts transferred to the Fund 

12 under section 32912(e)(2) of title 49, United 

13 States Code; and 

14 ‘‘(B) amounts credited to the Fund under 

15 paragraph (2)(C).’’. 

16 (1) INVESTMENT OF AMOUNTS.— 

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

18 Treasury shall invest in interest-bearing obliga19 tions of the United States such portion of the 

20 Fund as is not, in the judgment of the Sec21 retary of the Treasury, required to meet cur22 rent withdrawals. 

23 (B) SALE OF OBLIGATIONS.—Any obliga24 tion acquired by the Fund may be sold by the 

25 Secretary of the Treasury at the market price. 


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1 (C) CREDITS TO FUND.—The interest on, 

2 and the proceeds from the sale or redemption 

3 of, any obligations held in the Fund shall be 

4 credited to, and form a part of, the Fund in ac5 cordance with section 9602 of the Internal Rev6 enue Code of 1986. 

7 (2) USE OF AMOUNTS IN FUND.—Amounts in 

8 the Fund shall be made available to the Secretary of 

9 Energy, subject to the availability of appropriations, 

10 to carry out the grant program under subsection (b). 

11 (3) ALTERNATIVE FUELS GRANT PROGRAM.— 

12 Not later than 90 days after the date of enactment 

13 of this Act, the Secretary of Energy, acting through 

14 the Clean Cities Program of the Department of En15 ergy, shall establish and carry out a program under 

16 which the Secretary shall provide grants to expand 

17 the availability to consumers of alternative fuels (as 

18 defined in section 32901(a) of title 49, United 

19 States Code). 

20 (4) ELIGIBILITY.— 

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

22 subparagraph (B), any entity that is eligible to 

23 receive assistance under the Clean Cities Pro24 gram shall be eligible to receive a grant under 

25 this subsection. 


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1 (B) EXCEPTIONS.— 

2 (i) CERTAIN OIL COMPANIES.—A 

3 large, vertically-integrated oil company 

4 shall not be eligible to receive a grant 

5 under this subsection. 

6 (ii) PROHIBITION OF DUAL BENE7 FITS.—An entity that receives any other 

8 Federal funds for the construction or ex9 pansion of alternative refueling infrastruc10 ture shall not be eligible to receive a grant 

11 under this subsection for the construction 

12 or expansion of the same alternative refuel13 ing infrastructure. 

14 (C) ENSURING COMPLIANCE.—Not later 

15 than 30 days after the date of enactment of 

16 this Act, the Secretary of Energy shall promul17 gate regulations to ensure that, before receiving 

18 a grant under this subsection, an eligible entity 

19 meets applicable standards relating to the in20 stallation, construction, and expansion of infra21 structure necessary to increase the availability 

22 to consumers of alternative fuels (as defined in 

23 section 32901(a) of title 49, United States 

24 Code). 

25 (5) MAXIMUM AMOUNT.— 


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1 (A) GRANTS.—The amount of a grant pro2 vided under this subsection shall not exceed 

3 $30,000. 

4 (B) AMOUNT PER STATION.—An eligible 

5 entity shall receive not more than $90,000 

6 under this subsection for any station of the eli7 gible entity during a fiscal year. 

8 (6) USE OF FUNDS.— 

9 (A) IN GENERAL.—A grant provided under 

10 this subsection shall be used for the construc11 tion or expansion of alternative fueling infra12 structure. 

13 (B) ADMINISTRATIVE EXPENSES.—Not 

14 more than 3 percent of the amount of a grant 

15 provided under this subsection shall be used for 

16 administrative expenses. 

17 SEC. 518. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary of Transportation $25,000,000 for each of fiscal 

20 years 2009 through 2021 to carry out the provisions of 

21 chapter 329 of title 49, United States Code. 

22 TITLE VI—PRICE GOUGING 

23 SEC. 601. SHORT TITLE. 

24 This title may be cited as the ‘‘Petroleum Consumer 

25 Price Gouging Protection Act’’. 


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1 SEC. 602. DEFINITIONS. 

2 In this title: 

3 (1) AFFECTED AREA.—The term ‘‘affected 

4 area’’ means an area covered by a Presidential dec5 laration of energy emergency. 

6 (2) SUPPLIER.—The term ‘‘supplier’’ means 

7 any person engaged in the trade or business of sell8 ing or reselling, at retail or wholesale, or distributing 

9 crude oil, gasoline, or petroleum distillates. 

10 (3) PRICE GOUGING.—The term ‘‘price 

11 gouging’’ means the charging of an unconscionably 

12 excessive price by a supplier in an affected area. 

13 (4) UNCONSCIONABLY EXCESSIVE PRICE.—The 

14 term ‘‘unconscionably excessive price’’ means a price 

15 charged in an affected area for crude oil, gasoline, 

16 or petroleum distillates that— 

17 (A)(i) represents a gross disparity between 

18 the price at which it was offered for sale in the 

19 usual course of the supplier’s business imme20 diately prior to the President’s declaration of an 

21 energy emergency; 

22 (ii) grossly exceeds the price at which the 

23 same or similar crude oil, gasoline, or petroleum 

24 distillate was readily obtainable by other pur25 chasers in the affected area; or 


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1 (iii) represents an exercise of unfair lever2 age or unconscionable means on the part of the 

3 supplier, during a period of declared energy 

4 emergency; and 

5 (B) is not attributable to increased whole6 sale or operational costs outside the control of 

7 the supplier, incurred in connection with the 

8 sale of crude oil, gasoline, or petroleum dis9 tillates. 

10 (5) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Trade Commission. 

12 SEC. 603. PROHIBITION ON PRICE GOUGING DURING EN13 ERGY EMERGENCIES. 

14 (a) IN GENERAL.—During any energy emergency de15 clared by the President under section 606 of this title, it 

16 is unlawful for any supplier to sell, or offer to sell, crude 

17 oil, gasoline, or petroleum distillates in, or for use in, the 

18 area to which that declaration applies at an unconscion19 ably excessive price. 

20 (b) FACTORS CONSIDERED.—In determining whether 

21 a violation of subsection (a) has occurred, there shall be 

22 taken into account, among other factors, the price that 

23 would reasonably equate supply and demand in a competi24 tive and freely functioning market. 


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1 SEC. 604. PROHIBITION ON MARKET MANIPULATION. 

2 It is unlawful for any person, directly or indirectly, 

3 to use or employ, in connection with the purchase or sale 

4 of crude oil, gasoline, or petroleum distillates at wholesale, 

5 any manipulative or deceptive device or contrivance, in 

6 contravention of such rules and regulations as the Com7 mission may prescribe as necessary or appropriate in the 

8 public interest or for the protection of United States citi9 zens. 

10 SEC. 605. PROHIBITION ON FALSE INFORMATION. 

11 (a) IN GENERAL.—It is unlawful for any person to 

12 report information related to the wholesale price of crude 

13 oil, gasoline, or petroleum distillates to the Commission 

14 if— 

15 (1) that person knew, or reasonably should have 

16 known, the information to be false or misleading; 

17 (2) the information was required by law to be 

18 reported; and 

19 (3) the person intended the false or misleading 

20 data to affect data compiled by the Commission for 

21 statistical or analytical purposes with respect to the 

22 market for crude oil, gasoline, or petroleum dis23 tillates. 


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1 SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMER2 GENCY. 

3 (a) IN GENERAL.—If the President finds that the 

4 health, safety, welfare, or economic well-being of the citi5 zens of the United States is at risk because of a shortage 

6 or imminent shortage of adequate supplies of crude oil, 

7 gasoline, or petroleum distillates due to a disruption in 

8 the national distribution system for crude oil, gasoline, or 

9 petroleum distillates (including such a shortage related to 

10 a major disaster (as defined in section 102(2) of the Rob11 ert T. Stafford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5122(2))), or significant pricing anomalies 

13 in national energy markets for crude oil, gasoline, or pe14 troleum distillates, the President may declare that a Fed15 eral energy emergency exists. 

16 (b) SCOPE AND DURATION.—The emergency declara17 tion shall specify— 

18 (1) the period, not to exceed 30 days, for which 

19 the declaration applies; 

20 (2) the circumstance or condition necessitating 

21 the declaration; and 

22 (3) the area or region to which it applies, 

23 which, for the 48 contiguous states may not be lim24 ited to a single State. 

25 (c) EXTENSIONS.—The President may— 


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1 (1) extend a declaration under subsection (a) 

2 for a period of not more than 30 days; and 

3 (2) extend such a declaration more than once. 

4 SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COM5 MISSION. 

6 (a) ENFORCEMENT.—This title shall be enforced by 

7 the Federal Trade Commission. In enforcing section 603 

8 of this title, the Commission shall give priority to enforce9 ment actions concerning companies with total United 

10 States wholesale or retail sales of crude oil, gasoline, and 

11 petroleum distillates in excess of $500,000,000 per year 

12 but shall not exclude enforcement actions against compa13 nies with total United States wholesale sales of 

14 $500,000,000 or less per year. 

15 (b) VIOLATION IS UNFAIR OR DECEPTIVE ACT OR

16 PRACTICE.—The violation of any provision of this title 

17 shall be treated as an unfair or deceptive act or practice 

18 proscribed under a rule issued under section 18(a)(1)(B) 

19 of the Federal Trade Commission Act (15 U.S.C. 

20 57a(a)(1)(B)). 

21 (c) COMMISSION ACTIONS.—Following the declara22 tion of an energy emergency by the President under sec23 tion 606 of this title, the Commission shall— 

24 (1) establish within the Commission— 


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1 (A) a toll-free hotline that a consumer may 

2 call to report an incident of price gouging in the 

3 affected area; and 

4 (B) a program to develop and distribute to 

5 the public informational materials to assist resi6 dents of the affected area in detecting and 

7 avoiding price gouging; 

8 (2) consult with the Attorney General, the 

9 United States Attorney for the districts in which a 

10 disaster occurred (if the declaration is related to a 

11 major disaster), and State and local law enforcement 

12 officials to determine whether any supplier in the af13 fected area is charging or has charged an uncon14 scionably excessive price for crude oil, gasoline, or 

15 petroleum distillates in the affected area; and 

16 (3) conduct an investigation to determine 

17 whether any supplier in the affected area has vio18 lated section 603 of this title, and upon such find19 ing, take any action the Commission determines to 

20 be appropriate to remedy the violation. 

21 SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 

22 (a) IN GENERAL.—A State, as parens patriae, may 

23 bring a civil action on behalf of its residents in an appro24 priate district court of the United States to enforce the 

25 provisions of section 603 of this title, or to impose the 


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1 civil penalties authorized by section 609 for violations of 

2 section 603, whenever the attorney general of the State 

3 has reason to believe that the interests of the residents 

4 of the State have been or are being threatened or adversely 

5 affected by a supplier engaged in the sale or resale, at 

6 retail or wholesale, or distribution of crude oil, gasoline, 

7 or petroleum distillates in violation of section 603 of this 

8 title. 

9 (b) NOTICE.—The State shall serve written notice to 

10 the Commission of any civil action under subsection (a) 

11 prior to initiating the action. The notice shall include a 

12 copy of the complaint to be filed to initiate the civil action, 

13 except that if it is not feasible for the State to provide 

14 such prior notice, the State shall provide such notice im15 mediately upon instituting the civil action. 

16 (c) AUTHORITY TO INTERVENE.—Upon receiving the 

17 notice required by subsection (b), the Commission may in18 tervene in the civil action and, upon intervening— 

19 (1) may be heard on all matters arising in such 

20 civil action; and 

21 (2) may file petitions for appeal of a decision in 

22 such civil action. 

23 (d) CONSTRUCTION.—For purposes of bringing any 

24 civil action under subsection (a), nothing in this section 

25 shall prevent the attorney general of a State from exerVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 cising the powers conferred on the Attorney General by 

2 the laws of such State to conduct investigations or to ad3 minister oaths or affirmations or to compel the attendance 

4 of witnesses or the production of documentary and other 

5 evidence. 

6 (e) VENUE; SERVICE OF PROCESS.—In a civil action 

7 brought under subsection (a)— 

8 (1) the venue shall be a judicial district in 

9 which— 

10 (A) the defendant operates; 

11 (B) the defendant was authorized to do 

12 business; or 

13 (C) where the defendant in the civil action 

14 is found; 

15 (2) process may be served without regard to the 

16 territorial limits of the district or of the State in 

17 which the civil action is instituted; and 

18 (3) a person who participated with the defend19 ant in an alleged violation that is being litigated in 

20 the civil action may be joined in the civil action with21 out regard to the residence of the person. 

22 (f) LIMITATION ON STATE ACTION WHILE FEDERAL

23 ACTION IS PENDING.—If the Commission has instituted 

24 a civil action or an administrative action for violation of 

25 this title, a State attorney general, or official or agency 


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1 of a State, may not bring an action under this section 

2 during the pendency of that action against any defendant 

3 named in the complaint of the Commission or the other 

4 agency for any violation of this title alleged in the Com5 mission’s civil or administrative action. 

6 (g) NO PREEMPTION.—Nothing contained in this 

7 section shall prohibit an authorized State official from pro8 ceeding in State court to enforce a civil or criminal statute 

9 of that State. 

10 SEC. 609. PENALTIES. 

11 (a) CIVIL PENALTY.— 

12 (1) IN GENERAL.—In addition to any penalty 

13 applicable under the Federal Trade Commission Act, 

14 any supplier— 

15 (A) that violates section 604 or section 

16 605 of this title is punishable by a civil penalty 

17 of not more than $1,000,000; and 

18 (B) that violates section 603 of this title is 

19 punishable by a civil penalty of— 

20 (i) not more than $500,000, in the 

21 case of an independent small business mar22 keter of gasoline (within the meaning of 

23 section 324(c) of the Clean Air Act (42 

24 U.S.C. 7625(c))); and 


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1 (ii) not more than $5,000,000 in the 

2 case of any other supplier. 

3 (2) METHOD OF ASSESSMENT.—The penalties 

4 provided by paragraph (1) shall be assessed in the 

5 same manner as civil penalties imposed under sec6 tion 5 of the Federal Trade Commission Act (15 

7 U.S.C. 45). 

8 (3) MULTIPLE OFFENSES; MITIGATING FAC9 TORS.—In assessing the penalty provided by sub10 section (a)— 

11 (A) each day of a continuing violation shall 

12 be considered a separate violation; and 

13 (B) the Commission shall take into consid14 eration the seriousness of the violation and the 

15 efforts of the person committing the violation to 

16 remedy the harm caused by the violation in a 

17 timely manner. 

18 (b) CRIMINAL PENALTY.—Violation of section 603 of 

19 this title is punishable by a fine of not more than 

20 $5,000,000, imprisonment for not more than 5 years, or 

21 both. 

22 SEC. 610. EFFECT ON OTHER LAWS. 

23 (a) OTHER AUTHORITY OF THE COMMISSION.— 

24 Nothing in this title shall be construed to limit or affect 

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1 ment actions or take any other measure under the Federal 

2 Trade Commission Act (15 U.S.C. 41 et seq.) or any other 

3 provision of law. 

4 (b) STATE LAW.—Nothing in this title preempts any 

5 State law. 

6 TITLE VII—ENERGY DIPLOMACY 

7 AND SECURITY 

8 SEC. 701. SHORT TITLE. 

9 This title may be cited as the ‘‘Energy Diplomacy and 

10 Security Act of 2007’’. 

11 SEC. 702. DEFINITIONS. 

12 In this title: 

13 (1) MAJOR ENERGY PRODUCER.—The term 

14 ‘‘major energy producer’’ means a country that— 

15 (A) had crude oil, oil sands, or natural gas 

16 to liquids production of 1,000,000 barrels per 

17 day or greater average in the previous year; 

18 (B) has crude oil, shale oil, or oil sands re19 serves of 6,000,000,000 barrels or greater, as 

20 recognized by the Department of Energy; 

21 (C) had natural gas production of 

22 30,000,000,000 cubic meters or greater in the 

23 previous year; 


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1 (D) has natural gas reserves of 

2 1,250,000,000,000 cubic meters or greater, as 

3 recognized by the Department of Energy; or 

4 (E) is a direct supplier of natural gas or 

5 liquefied natural gas to the United States. 

6 (2) MAJOR ENERGY CONSUMER.—The term 

7 ‘‘major energy consumer’’ means a country that— 

8 (A) had an oil consumption average of 

9 1,000,000 barrels per day or greater in the pre10 vious year; 

11 (B) had an oil consumption growth rate of 

12 8 percent or greater in the previous year; 

13 (C) had a natural gas consumption of 

14 30,000,000,000 cubic meters or greater in the 

15 previous year; or 

16 (D) had a natural gas consumption growth 

17 rate of 15 percent or greater in the previous 

18 year. 

19 SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY 

20 AND SECURITY. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) It is imperative to the national security and 

24 prosperity of the United States to have reliable, afVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 fordable, clean, sufficient, and sustainable sources of 

2 energy. 

3 (2) United States dependence on oil imports 

4 causes tremendous costs to the United States na5 tional security, economy, foreign policy, military, and 

6 environmental sustainability. 

7 (3) Energy security is a priority for the govern8 ments of many foreign countries and increasingly 

9 plays a central role in the relations of the United 

10 States Government with foreign governments. Global 

11 reserves of oil and natural gas are concentrated in 

12 a small number of countries. Access to these oil and 

13 natural gas supplies depends on the political will of 

14 these producing states. Competition between govern15 ments for access to oil and natural gas reserves can 

16 lead to economic, political, and armed conflict. Oil 

17 exporting states have received dramatically increased 

18 revenues due to high global prices, enhancing the 

19 ability of some of these states to act in a manner 

20 threatening to global stability. 

21 (4) Efforts to combat poverty and protect the 

22 environment are hindered by the continued predomi23 nance of oil and natural gas in meeting global en24 ergy needs. Development of renewable energy 

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1 duction in greenhouse gas emissions and enhance 

2 international development. 

3 (5) Cooperation on energy issues between the 

4 United States Government and the governments of 

5 foreign countries is critical for securing the strategic 

6 and economic interests of the United States and of 

7 partner governments. In the current global energy 

8 situation, the energy policies and activities of the 

9 governments of foreign countries can have dramatic 

10 impacts on United States energy security. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) United States national security requires 

14 that the United States Government have an energy 

15 policy that pursues the strategic goal of achieving 

16 energy security through access to clean, affordable, 

17 sufficient, reliable, and sustainable sources of en18 ergy; 

19 (2) achieving energy security is a priority for 

20 United States foreign policy and requires continued 

21 and enhanced engagement with foreign governments 

22 and entities in a variety of areas, including activities 

23 relating to the promotion of alternative and renew24 able fuels, trade and investment in oil, coal, and nat25 ural gas, energy efficiency, climate and environVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 mental protection, data transparency, advanced sci2 entific research, public-private partnerships, and en3 ergy activities in international development; 

4 (3) the President should ensure that the inter5 national energy activities of the United States Gov6 ernment are given clear focus to support the na7 tional security needs of the United States, and to 

8 this end, there should be established a mechanism to 

9 coordinate the implementation of United States 

10 international energy policy among the Federal agen11 cies engaged in relevant agreements and activities; 

12 and 

13 (4) the Secretary of State should ensure that 

14 energy security is integrated into the core mission of 

15 the Department of State, and to this end, there 

16 should be established within the Office of the Sec17 retary of State a Coordinator for International En18 ergy Affairs with responsibility for— 

19 (A) developing United States international 

20 energy policy in coordination with the Depart21 ment of Energy and other relevant Federal 

22 agencies; 

23 (B) working with appropriate United 

24 States Government officials to develop and upVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 date analyses of the national security implica2 tions of global energy developments; 

3 (C) incorporating energy security priorities 

4 into the activities of the Department; 

5 (D) coordinating activities with relevant 

6 Federal agencies; and 

7 (E) coordinating energy security and other 

8 relevant functions currently undertaken by of9 fices within the Bureau of Economic, Business, 

10 and Agricultural Affairs, the Bureau of Democ11 racy and Global Affairs, and other offices with12 in the Department of State. 

13 SEC. 704. STRATEGIC ENERGY PARTNERSHIPS. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) United States Government partnership with 

17 foreign governments and entities, including partner18 ship with the private sector, for securing reliable and 

19 sustainable energy is imperative to ensuring United 

20 States security and economic interests, promoting 

21 international peace and security, expanding inter22 national development, supporting democratic reform, 

23 fostering economic growth, and safeguarding the en24 vironment. 


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1 (2) Democracy and freedom should be promoted 

2 globally by partnership with foreign governments, in3 cluding in particular governments of emerging de4 mocracies such as those of Ukraine and Georgia, in 

5 their efforts to reduce their dependency on oil and 

6 natural gas imports. 

7 (3) The United States Government and the gov8 ernments of foreign countries have common needs 

9 for adequate, reliable, affordable, clean, and sustain10 able energy in order to ensure national security, eco11 nomic growth, and high standards of living in their 

12 countries. Cooperation by the United States Govern13 ment with foreign governments on meeting energy 

14 security needs is mutually beneficial. United States 

15 Government partnership with foreign governments 

16 should include cooperation with major energy con17 suming countries, major energy producing countries, 

18 and other governments seeking to advance global en19 ergy security through reliable and sustainable 

20 means. 

21 (4) The United States Government participates 

22 in hundreds of bilateral and multilateral energy 

23 agreements and activities with foreign governments 

24 and entities. These agreements and activities should 

25 reflect the strategic need for energy security. 


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1 (b) STATEMENT OF POLICY.—It is the policy of the 

2 United States— 

3 (1) to advance global energy security through 

4 cooperation with foreign governments and entities; 

5 (2) to promote reliable, diverse, and sustainable 

6 sources of all types of energy; 

7 (3) to increase global availability of renewable 

8 and clean sources of energy; 

9 (4) to decrease global dependence on oil and 

10 natural gas energy sources; and 

11 (5) to engage in energy cooperation to strength12 en strategic partnerships that advance peace, secu13 rity, and democratic prosperity. 

14 (c) AUTHORITY.—The Secretary of State, in coordi15 nation with the Secretary of Energy, should immediately 

16 seek to establish and expand strategic energy partnerships 

17 with the governments of major energy producers and 

18 major energy consumers, and with governments of other 

19 countries (but excluding any countries that are ineligible 

20 to receive United States economic or military assistance). 

21 (d) PURPOSES.—The purposes of the strategic energy 

22 partnerships established pursuant to subsection (c) are— 

23 (1) to strengthen global relationships to pro24 mote international peace and security through fos25 tering cooperation in the energy sector on a mutuVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ally beneficial basis in accordance with respective na2 tional energy policies; 

3 (2) to promote the policy set forth in subsection 

4 (b), including activities to advance— 

5 (A) the mutual understanding of each 

6 country’s energy needs, priorities, and policies, 

7 including interparliamentary understanding; 

8 (B) measures to respond to acute energy 

9 supply disruptions, particularly in regard to pe10 troleum and natural gas resources; 

11 (C) long-term reliability and sustainability 

12 in energy supply; 

13 (D) the safeguarding and safe handling of 

14 nuclear fuel; 

15 (E) human and environmental protection; 

16 (F) renewable energy production; 

17 (G) access to reliable and affordable en18 ergy for underdeveloped areas, in particular en19 ergy access for the poor; 

20 (H) appropriate commercial cooperation; 

21 (I) information reliability and trans22 parency; and 

23 (J) research and training collaboration; 

24 (3) to advance the national security priority of 

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1 cluding through research and development related 

2 to, and deployment of— 

3 (A) renewable electrical energy sources, in4 cluding biomass, wind, and solar; 

5 (B) renewable transportation fuels, includ6 ing biofuels; 

7 (C) clean coal technologies; 

8 (D) carbon sequestration, including in con9 junction with power generation, agriculture, and 

10 forestry; and 

11 (E) energy and fuel efficiency, including 

12 hybrids and plug-in hybrids, flexible fuel, ad13 vanced composites, hydrogen, and other trans14 portation technologies; and 

15 (4) to provide strategic focus for current and 

16 future United States Government activities in energy 

17 cooperation to meet the global need for energy secu18 rity. 

19 (e) DETERMINATION OF AGENDAS.—In general, the 

20 specific agenda with respect to a particular strategic en21 ergy partnership, and the Federal agencies designated to 

22 implement related activities, shall be determined by the 

23 Secretary of State and the Secretary of Energy. 

24 (f) USE OF CURRENT AGREEMENTS TO ESTABLISH

25 PARTNERSHIPS.—Some or all of the purposes of the straVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 tegic energy partnerships established under subsection (c) 

2 may be pursued through existing bilateral or multilateral 

3 agreements and activities. Such agreements and activities 

4 shall be subject to the reporting requirements in sub5 section (g). 

6 (g) REPORTS REQUIRED.— 

7 (1) INITIAL PROGRESS REPORT.—Not later 

8 than 180 days after the date of the enactment of 

9 this Act, the Secretary of State shall submit to the 

10 appropriate congressional committees a report on 

11 progress made in developing the strategic energy 

12 partnerships authorized under this section. 

13 (2) ANNUAL PROGRESS REPORTS.— 

14 (A) IN GENERAL.—Not later than one year 

15 after the date of the enactment of this Act, and 

16 annually thereafter for 20 years, the Secretary 

17 of State shall submit to the appropriate con18 gressional committees an annual report on 

19 agreements entered into and activities under20 taken pursuant to this section, including inter21 national environment activities. 

22 (B) CONTENT.—Each report submitted 

23 under this paragraph shall include details on— 

24 (i) agreements and activities pursued 

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1 eign governments and entities, the imple2 mentation plans for such agreements and 

3 progress measurement benchmarks, United 

4 States Government resources used in pur5 suit of such agreements and activities, and 

6 legislative changes recommended for im7 proved partnership; and 

8 (ii) polices and actions in the energy 

9 sector of partnership countries pertinent to 

10 United States economic, security, and envi11 ronmental interests. 

12 SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE 

13 MECHANISMS. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) Cooperation between the United States Gov17 ernment and governments of other countries during 

18 energy crises promotes the national security of the 

19 United States. 

20 (2) The participation of the United States in 

21 the International Energy Program established under 

22 the Agreement on an International Energy Program, 

23 done at Paris November 18, 1974 (27 UST 1685), 

24 including in the coordination of national strategic 


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1 petroleum reserves, is a national security asset 

2 that— 

3 (A) protects the consumers and the econ4 omy of the United States in the event of a 

5 major disruption in petroleum supply; 

6 (B) maximizes the effectiveness of the 

7 United States strategic petroleum reserve 

8 through cooperation in accessing global reserves 

9 of various petroleum products; 

10 (C) provides market reassurance in coun11 tries that are members of the International En12 ergy Program; and 

13 (D) strengthens United States Government 

14 relationships with members of the International 

15 Energy Program. 

16 (3) The International Energy Agency projects 

17 that the largest growth in demand for petroleum 

18 products, other than demand from the United 

19 States, will come from China and India, which are 

20 not members of the International Energy Program. 

21 The Governments of China and India vigorously 

22 pursue access to global oil reserves and are attempt23 ing to develop national petroleum reserves. Partici24 pation of the Governments of China and India in an 

25 international petroleum reserve mechanism would 


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1 promote global energy security, but such participa2 tion should be conditional on the Governments of 

3 China and India abiding by customary petroleum re4 serve management practices. 

5 (4) In the Western Hemisphere, only the 

6 United States and Canada are members of the 

7 International Energy Program. The vulnerability of 

8 most Western Hemisphere countries to supply dis9 ruptions from political, natural, or terrorism causes 

10 may introduce instability in the hemisphere and can 

11 be a source of conflict, despite the existence of major 

12 oil reserves in the hemisphere. 

13 (5) Countries that are not members of the 

14 International Energy Program and are unable to 

15 maintain their own national strategic reserves are 

16 vulnerable to petroleum supply disruption. Disrup17 tion in petroleum supply and spikes in petroleum 

18 costs could devastate the economies of developing 

19 countries and could cause internal or interstate con20 flict. 

21 (6) The involvement of the United States Gov22 ernment in the extension of international mecha23 nisms to coordinate strategic petroleum reserves and 

24 the extension of other emergency preparedness 


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1 measures should strengthen the current Inter2 national Energy Program. 

3 (b) ENERGY CRISIS RESPONSE MECHANISMS WITH

4 INDIA AND CHINA.— 

5 (1) AUTHORITY.—The Secretary of State, in 

6 coordination with the Secretary of Energy, should 

7 immediately seek to establish a petroleum crisis re8 sponse mechanism or mechanisms with the Govern9 ments of China and India. 

10 (2) SCOPE.—The mechanism or mechanisms es11 tablished under paragraph (1) should include— 

12 (A) technical assistance in the development 

13 and management of national strategic petro14 leum reserves; 

15 (B) agreements for coordinating 

16 drawdowns of strategic petroleum reserves with 

17 the United States, conditional upon reserve 

18 holdings and management conditions estab19 lished by the Secretary of Energy; 

20 (C) emergency demand restraint measures; 

21 (D) fuel switching preparedness and alter22 native fuel production capacity; and 

23 (E) ongoing demand intensity reduction 

24 programs. 


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1 (3) USE OF EXISTING AGREEMENTS TO ESTAB2 LISH MECHANISM.—The Secretary may, after con3 sultation with Congress and in accordance with ex4 isting international agreements, including the Inter5 national Energy Program, include China and India 

6 in a petroleum crisis response mechanism through 

7 existing or new agreements. 

8 (c) ENERGY CRISIS RESPONSE MECHANISM FOR THE

9 WESTERN HEMISPHERE.— 

10 (1) AUTHORITY.—The Secretary of State, in 

11 coordination with the Secretary of Energy, should 

12 immediately seek to establish a Western Hemisphere 

13 energy crisis response mechanism. 

14 (2) SCOPE.—The mechanism established under 

15 paragraph (1) should include— 

16 (A) an information sharing and coordi17 nating mechanism in case of energy supply 

18 emergencies; 

19 (B) technical assistance in the development 

20 and management of national strategic petro21 leum reserves within countries of the Western 

22 Hemisphere; 

23 (C) technical assistance in developing na24 tional programs to meet the requirements of 

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1 plication procedure as described in subsection 

2 (d); 

3 (D) emergency demand restraint measures; 

4 (E) energy switching preparedness and al5 ternative energy production capacity; and 

6 (F) ongoing demand intensity reduction 

7 programs. 

8 (3) MEMBERSHIP.—The Secretary should seek 

9 to include in the Western Hemisphere energy crisis 

10 response mechanism membership for each major en11 ergy producer and major energy consumer in the 

12 Western Hemisphere and other members of the 

13 Hemisphere Energy Cooperation Forum authorized 

14 under section 706. 

15 (d) INTERNATIONAL ENERGY PROGRAM APPLICA16 TION PROCEDURE.— 

17 (1) AUTHORITY.—The President should place 

18 on the agenda for discussion at the Governing Board 

19 of the International Energy Agency, as soon as prac20 ticable, the merits of establishing an international 

21 energy program application procedure. 

22 (2) PURPOSE.—The purpose of such procedure 

23 is to allow countries that are not members of the 

24 International Energy Program to apply to the Gov25 erning Board of the International Energy Agency 


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1 for allocation of petroleum reserve stocks in times of 

2 emergency on a grant or loan basis. Such countries 

3 should also receive technical assistance for, and be 

4 subject to, conditions requiring development and 

5 management of national programs for energy emer6 gency preparedness, including demand restraint, fuel 

7 switching preparedness, and development of alter8 native fuels production capacity. 

9 (e) REPORTS REQUIRED.— 

10 (1) PETROLEUM RESERVES.—Not later than 

11 180 days after the date of the enactment of this Act, 

12 the Secretary of Energy shall submit to the appro13 priate congressional committees a report that evalu14 ates the options for adapting the United States na15 tional strategic petroleum reserve and the inter16 national petroleum reserve coordinating mechanism 

17 in order to carry out this section. 

18 (2) CRISIS RESPONSE MECHANISMS.—Not later 

19 than 180 days after the date of the enactment of 

20 this Act, the Secretary of State, in coordination with 

21 the Secretary of Energy, shall submit to the appro22 priate congressional committees a report on the sta23 tus of the establishment of the international petro24 leum crisis response mechanisms described in sub25 sections (b) and (c). The report shall include recVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 ommendations of the Secretary of State and the Sec2 retary of Energy for any legislation necessary to es3 tablish or carry out such mechanisms. 

4 (3) EMERGENCY APPLICATION PROCEDURE.— 

5 Not later than 60 days after a discussion by the 

6 Governing Board of the International Energy Agen7 cy of the application procedure described under sub8 section (d), the President should submit to Congress 

9 a report that describes— 

10 (A) the actions the United States Govern11 ment has taken pursuant to such subsection; 

12 and 

13 (B) a summary of the debate on the mat14 ter before the Governing Board of the Inter15 national Energy Agency, including any decision 

16 that has been reached by the Governing Board 

17 with respect to the matter. 

18 SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) The engagement of the United States Gov22 ernment with governments of countries in the West23 ern Hemisphere is a strategic priority for reducing 

24 the potential for tension over energy resources, 

25 maintaining and expanding reliable energy supplies, 


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1 expanding use of renewable energy, and reducing the 

2 detrimental effects of energy import dependence 

3 within the hemisphere. Current energy dialogues 

4 should be expanded and refocused as needed to meet 

5 this challenge. 

6 (2) Countries of the Western Hemisphere can 

7 most effectively meet their common needs for energy 

8 security and sustainability through partnership and 

9 cooperation. Cooperation between governments on 

10 energy issues will enhance bilateral relationships 

11 among countries of the hemisphere. The Western 

12 Hemisphere is rich in natural resources, including 

13 biomass, oil, natural gas, coal, and has significant 

14 opportunity for production of renewable hydro, solar, 

15 wind, and other energies. Countries of the Western 

16 Hemisphere can provide convenient and reliable 

17 markets for trade in energy goods and services. 

18 (3) Development of sustainable energy alter19 natives in the countries of the Western Hemisphere 

20 can improve energy security, balance of trade, and 

21 environmental quality and provide markets for en22 ergy technology and agricultural products. Brazil 

23 and the United States have led the world in the pro24 duction of ethanol, and deeper cooperation on 


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1 biofuels with other countries of the hemisphere 

2 would extend economic and security benefits. 

3 (4) Private sector partnership and investment 

4 in all sources of energy is critical to providing en5 ergy security in the Western Hemisphere. 

6 (b) HEMISPHERE ENERGY COOPERATION FORUM.— 

7 (1) ESTABLISHMENT.—The Secretary of State, 

8 in coordination with the Secretary of Energy, should 

9 immediately seek to establish a regional-based min10 isterial forum to be known as the Hemisphere En11 ergy Cooperation Forum. 

12 (2) PURPOSES.—The Hemisphere Energy Co13 operation Forum should seek— 

14 (A) to strengthen relationships between the 

15 United States and other countries of the West16 ern Hemisphere through cooperation on energy 

17 issues; 

18 (B) to enhance cooperation between major 

19 energy producers and major energy consumers 

20 in the Western Hemisphere, particularly among 

21 the governments of Brazil, Canada, Mexico, the 

22 United States, and Venezuela; 

23 (C) to ensure that energy contributes to 

24 the economic, social, and environmental enVerDate Aug 31 2005 00:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.PCS S1419

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1 hancement of the countries of the Western 

2 Hemisphere; 

3 (D) to provide an opportunity for open dia4 logue and joint commitments between member 

5 governments and with private industry; and 

6 (E) to provide participating countries the 

7 flexibility necessary to cooperatively address 

8 broad challenges posed to the energy supply of 

9 the Western Hemisphere that are practical in 

10 policy terms and politically acceptable. 

11 (3) ACTIVITIES.—The Hemisphere Energy Co12 operation Forum should implement the following ac13 tivities: 

14 (A) An Energy Crisis Initiative that will 

15 establish measures to respond to temporary en16 ergy supply disruptions, including through— 

17 (i) strengthening sea-lane and infra18 structure security; 

19 (ii) implementing a real-time emer20 gency information sharing system; 

21 (iii) encouraging members to have 

22 emergency mechanisms and contingency 

23 plans in place; and 


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1 (iv) establishing a Western Hemi2 sphere energy crisis response mechanism 

3 as authorized under section 705(c). 

4 (B) An Energy Sustainability Initiative to 

5 facilitate long-term supply security through fos6 tering reliable supply sources of fuels, including 

7 development, deployment, and commercializa8 tion of technologies for sustainable renewable 

9 fuels within the region, including activities 

10 that— 

11 (i) promote production and trade in 

12 sustainable energy, including energy from 

13 biomass; 

14 (ii) facilitate investment, trade, and 

15 technology cooperation in energy infra16 structure, petroleum products, natural gas 

17 (including liquefied natural gas), energy ef18 ficiency (including automotive efficiency), 

19 clean fossil energy, renewable energy, and 

20 carbon sequestration; 

21 (iii) promote regional infrastructure 

22 and market integration; 

23 (iv) develop effective and stable regu24 latory frameworks; 


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1 (v) develop renewable fuels standards 

2 and renewable portfolio standards; 

3 (vi) establish educational training and 

4 exchange programs between member coun5 tries; and 

6 (vii) identify and remove barriers to 

7 trade in technology, services, and commod8 ities. 

9 (C) An Energy for Development Initiative 

10 to promote energy access for underdeveloped 

11 areas through energy policy and infrastructure 

12 development, including activities that— 

13 (i) increase access to energy services 

14 for the poor; 

15 (ii) improve energy sector market con16 ditions; 

17 (iii) promote rural development 

18 though biomass energy production and use; 

19 (iv) increase transparency of, and par20 ticipation in, energy infrastructure 

21 projects; 

22 (v) promote development and deploy23 ment of technology for clean and sustain24 able energy development, including biofuel 

25 and clean coal technologies; and 


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1 (vi) facilitate use of carbon sequestra2 tion methods in agriculture and forestry 

3 and linking greenhouse gas emissions re4 duction programs to international carbon 

5 markets. 

6 (c) HEMISPHERE ENERGY INDUSTRY GROUP.— 

7 (1) AUTHORITY.—The Secretary of State, in 

8 coordination with the Secretary of Commerce and 

9 the Secretary of Energy, should approach the gov10 ernments of other countries in the Western Hemi11 sphere to seek cooperation in establishing a Hemi12 sphere Energy Industry Group, to be coordinated by 

13 the United States Government, involving industry 

14 representatives and government representatives from 

15 the Western Hemisphere. 

16 (2) PURPOSE.—The purpose of the forum 

17 should be to increase public-private partnerships, 

18 foster private investment, and enable countries of 

19 the Western Hemisphere to devise energy agendas 

20 compatible with industry capacity and cognizant of 

21 industry goals. 

22 (3) TOPICS OF DIALOGUES.—Topics for the 

23 forum should include— 

24 (A) promotion of a secure investment cli25 mate; 


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1 (B) development and deployment of 

2 biofuels and other alternative fuels and clean 

3 electrical production facilities, including clean 

4 coal and carbon sequestration; 

5 (C) development and deployment of energy 

6 efficient technologies and practices, including in 

7 the industrial, residential, and transportation 

8 sectors; 

9 (D) investment in oil and natural gas pro10 duction and distribution; 

11 (E) transparency of energy production and 

12 reserves data; 

13 (F) research promotion; and 

14 (G) training and education exchange pro15 grams. 

16 (d) ANNUAL REPORT.—The Secretary of State, in co17 ordination with the Secretary of Energy, shall submit to 

18 the appropriate congressional committees an annual re19 port on the implementation of this section, including the 

20 strategy and benchmarks for measurement of progress de21 veloped under this section. 

22 SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES 

23 DEFINED. 

24 In this title, the term ‘‘appropriate congressional 

25 committees’’ means the Committee on Foreign Relations 


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1 and the Committee on Energy and Natural Resources of 

2 the Senate and the Committee on Foreign Affairs and the 

3 Committee on Energy and Commerce of the House of 

4 Representatives. 


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Calendar No. 156 

110TH CONGRESS 

1ST SESSION S. 1419 

A BILL 

To move the United States toward greater energy 

Government, and for other purposes. improve the energy performance of the Federal house gas capture and storage options, and to cles, to promote research on and deploy greenergy efficiency of products, buildings, and vehisumers from price gouging, to increase the enduction of clean renewable fuels, to protect conindependence and security, to increase the proMAY 17, 2007 

Read twice and ordered to be placed on the calendar 


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