I 
109TH CONGRESS 
1ST SESSION H. R. 1640
To ensure jobs for our future with secure and reliable energy. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2005
Mr. BARTON of Texas (for himself, Mr. HALL, Mr. UPTON, Mr. STEARNS, 
Mrs. CUBIN, Mr. SHIMKUS, Mr. PICKERING, Mr. BLUNT, Mr. BUYER, 
Mr. RADANOVICH, Mr. PITTS, Mr. TERRY, and Mr. ROGERS of Michigan) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Science, Re-
sources, Education and the Workforce, Transportation and Infrastruc-
ture, Financial Services, and Agriculture, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure jobs for our future with secure and reliable energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Policy Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
the bill is as follows:
Sec. 1. Short title; table of contents.
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
Sec. 101. Energy and water saving measures in congressional buildings. 
Sec. 102. Energy management requirements. 
Sec. 103. Energy use measurement and accountability. 
Sec. 104. Procurement of energy efficient products. 
Sec. 105. Energy Savings Performance Contracts. 
Sec. 107. Voluntary commitments to reduce industrial energy intensity. 
Sec. 108. Advanced Building Efficiency Testbed. 
Sec. 109. Federal building performance standards. 
Sec. 110. Daylight savings. 
Subtitle B—Energy Assistance and State Programs 
Sec. 121. Low Income Home Energy Assistance Program. 
Sec. 122. Weatherization assistance. 
Sec. 123. State energy programs. 
Sec. 124. Energy efficient appliance rebate programs. 
Sec. 125. Energy efficient public buildings. 
Sec. 126. Low income community energy efficiency pilot program. 
Subtitle C—Energy Efficient Products 
Sec. 131. Energy Star Program. 
Sec. 132. HVAC maintenance consumer education program. 
Sec. 133. Energy conservation standards for additional products. 
Sec. 134. Energy labeling. 
Sec. 135. Preemption. 
Sec. 136. State consumer product energy efficiency standards. 
Subtitle D—Public Housing 
Sec. 145. Grants for energy-conserving improvements for assisted housing. 
Sec. 147. Energy-efficient appliances. 
Sec. 149. Energy strategy for HUD. 
TITLE II—RENEWABLE ENERGY 
Subtitle A—General Provisions 
Sec. 201. Assessment of renewable energy resources. 
Sec. 202. Renewable energy production incentive. 
Sec. 203. Federal purchase requirement. 
Sec. 204. Insular areas energy security. 
Sec. 205. Use of photovoltaic energy in public buildings. 
Sec. 206. Grants to improve the commercial value of forest biomass for electric 
energy, useful heat, transportation fuels, petroleum-based prod-
uct substitutes, and other commercial purposes. 
Sec. 207. Biobased products. 
Sec. 208. Renewable energy security. 
Subtitle C—Hydroelectric 
PART I—ALTERNATIVE CONDITIONS 
Sec. 231. Alternative conditions and fishways.
PART II—ADDITIONAL HYDROPOWER 
Sec. 241. Hydroelectric production incentives. 
Sec. 242. Hydroelectric efficiency improvement. 
Sec. 243. Small hydroelectric power projects. 
Sec. 244. Increased hydroelectric generation at existing Federal facilities. 
Sec. 245. Shift of project loads to off-peak periods. 
TITLE III—OIL AND GAS 
Subtitle A—Petroleum Reserve and Home Heating Oil 
Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and 
other energy programs. 
Sec. 302. National Oilheat Research Alliance. 
Sec. 303. Site selection. 
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries. 
Subtitle B—Production Incentives 
Sec. 320. Liquefaction or gasification natural gas terminals. 
Sec. 327. Hydraulic fracturing. 
Sec. 330. Appeals relating to pipeline construction or offshore mineral develop-
ment projects. 
Sec. 333. Natural gas market transparency. 
Subtitle C—Access to Federal Land 
Sec. 344. Consultation regarding oil and gas leasing on public land. 
Sec. 346. Compliance with executive order 13211; actions concerning regula-
tions that significantly affect energy supply, distribution, or 
use. 
Sec. 350. Energy facility rights-of-way and corridors on Federal land. 
Sec. 355. Encouraging Great Lakes oil and gas drilling ban. 
Sec. 358. Federal coalbed methane regulation. 
Subtitle D—Refining Revitalization 
Sec. 371. Short title. 
Sec. 372. Findings. 
Sec. 373. Purpose. 
Sec. 374. Designation of Refinery Revitalization Zones. 
Sec. 375. Memorandum of understanding. 
Sec. 376. State environmental permitting assistance. 
Sec. 377. Coordination and expeditious review of permitting process. 
Sec. 378. Compliance with all environmental regulations required. 
Sec. 379. Definitions. 
TITLE IV—COAL 
Subtitle A—Clean Coal Power Initiative 
Sec. 401. Authorization of appropriations. 
Sec. 402. Project criteria. 
Sec. 403. Report. 
Sec. 404. Clean Coal Centers of Excellence. 
Subtitle B—Clean Power Projects
Sec. 411. Coal technology loan. 
Sec. 412. Coal gasification. 
Sec. 414. Petroleum coke gasification. 
Sec. 416. Electron scrubbing demonstration. 
Subtitle D—Coal and related programs 
Sec. 441. Clean air coal program. 
TITLE V—INDIAN ENERGY 
Sec. 501. Short title. 
Sec. 502. Office of Indian Energy Policy and Programs. 
Sec. 503. Indian energy. 
Sec. 504. Four Corners transmission line project. 
Sec. 505. Energy efficiency in federally assisted housing. 
Sec. 506. Consultation with Indian tribes. 
TITLE VI—NUCLEAR MATTERS 
Subtitle A—Price-Anderson Act Amendments 
Sec. 601. Short title. 
Sec. 602. Extension of indemnification authority. 
Sec. 603. Maximum assessment. 
Sec. 604. Department of Energy liability limit. 
Sec. 605. Incidents outside the United States. 
Sec. 606. Reports. 
Sec. 607. Inflation adjustment. 
Sec. 608. Treatment of modular reactors. 
Sec. 609. Applicability. 
Sec. 610. Prohibition on assumption by United States Government of liability 
for certain foreign incidents. 
Sec. 611. Civil penalties. 
Sec. 612. Financial accountability. 
Subtitle B—General Nuclear Matters 
Sec. 621. Licenses. 
Sec. 622. NRC training program. 
Sec. 623. Cost recovery from government agencies. 
Sec. 624. Elimination of pension offset. 
Sec. 625. Antitrust review. 
Sec. 626. Decommissioning. 
Sec. 627. Limitation on legal fee reimbursement. 
Sec. 629. Report on feasibility of developing commercial nuclear energy genera-
tion facilities at existing Department of Energy sites. 
Sec. 630. Uranium sales. 
Sec. 631. Cooperative research and development and special demonstration 
projects for the uranium mining industry. 
Sec. 632. Whistleblower protection. 
Sec. 633. Medical isotope production. 
Sec. 634. Fernald byproduct material. 
Sec. 635. Safe disposal of greater-than-class c radioactive waste. 
Sec. 636. Prohibition on nuclear exports to countries that sponsor terrorism. 
Sec. 638. National uranium stockpile. 
Sec. 639. Nuclear Regulatory Commission meetings.
Sec. 640. Employee benefits. 
Subtitle C—Additional hydrogen production provisions 
Sec. 651. Hydrogen production programs. 
Sec. 652. Definitions. 
Subtitle D—Nuclear Security 
Sec. 661. Nuclear facility threats. 
Sec. 662. Fingerprinting for criminal history record checks. 
Sec. 663. Use of firearms by security personnel of licensees and certificate hold-
ers of the Commission. 
Sec. 664. Unauthorized introduction of dangerous weapons. 
Sec. 665. Sabotage of nuclear facilities or fuel. 
Sec. 666. Secure transfer of nuclear materials. 
Sec. 667. Department of Homeland Security consultation. 
Sec. 668. Authorization of appropriations. 
TITLE VII—VEHICLES AND FUELS 
Subtitle A—Existing Programs 
Sec. 701. Use of alternative fuels by dual-fueled vehicles. 
Sec. 704. Incremental cost allocation. 
Sec. 705. Lease condensates. 
Sec. 706. Review of Energy Policy Act of 1992 programs. 
Sec. 707. Report concerning compliance with alternative fueled vehicle pur-
chasing requirements. 
Subtitle B—Hybrid vehicles, advanced vehicles, and fuel cell buses 
PART 1—HYBRID VEHICLES 
Sec. 711. Hybrid vehicles. 
Sec. 712. Hybrid retrofit and electric conversion program. 
PART 2—ADVANCED VEHICLES 
Sec. 721. Definitions. 
Sec. 722. Pilot program. 
Sec. 723. Reports to Congress. 
Sec. 724. Authorization of appropriations. 
PART 3—FUEL CELL BUSES 
Sec. 731. Fuel cell transit bus demonstration. 
Subtitle C—Clean School Buses 
Sec. 741. Definitions. 
Sec. 742. Program for replacement of certain school buses with clean school 
buses. 
Sec. 743. Diesel retrofit program. 
Sec. 744. Fuel cell school buses. 
Subtitle D—Miscellaneous 
Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting. 
Sec. 753. Aviation fuel conservation and emissions. 
Sec. 754. Diesel fueled vehicles. 
Sec. 757. Biodiesel engine testing program. 
Sec. 759. Ultra-efficient engine technology for aircraft. 
Subtitle E—Automobile Efficiency 
Sec. 771. Authorization of appropriations for implementation and enforcement 
of fuel economy standards. 
Sec. 772. Revised considerations for decisions on maximum feasible average 
fuel economy. 
Sec. 773. Extension of maximum fuel economy increase for alternative fueled 
vehicles. 
Sec. 774. Study of feasibility and effects of reducing use of fuel for auto-
mobiles. 
TITLE VIII—HYDROGEN 
Sec. 801. Definitions. 
Sec. 802. Plan. 
Sec. 803. Programs. 
Sec. 804. Interagency task force. 
Sec. 805. Advisory Committee. 
Sec. 806. External review. 
Sec. 807. Miscellaneous provisions. 
Sec. 808. Savings clause. 
Sec. 809. Authorization of appropriations. 
Sec. 810. Solar and wind technologies. 
TITLE IX—STUDIES AND PROGRAM SUPPORT 
Sec. 901. Goals. 
Sec. 902. Definitions. 
Subtitle A—Energy Efficiency 
Sec. 904. Energy efficiency. 
Sec. 905. Next Generation Lighting Initiative. 
Sec. 906. National Building Performance Initiative. 
Sec. 907. Secondary electric vehicle battery use program. 
Sec. 908. Energy efficiency study initiative. 
Sec. 909. Electric motor control technology. 
Subtitle B—Distributed Energy and Electric Energy Systems 
Sec. 911. Distributed energy and electric energy systems. 
Sec. 913. High power density industry program. 
Sec. 916. Reciprocating power. 
Sec. 917. Advanced portable power devices. 
Subtitle C—Renewable Energy 
Sec. 918. Renewable energy. 
Sec. 919. Bioenergy programs. 
Sec. 920. Concentrating solar power study program. 
Sec. 921. Miscellaneous projects. 
Sec. 922. Renewable energy in public buildings.
Sec. 923. University biodiesel program. 
Subtitle D—Nuclear energy 
Sec. 929. Alternatives to industrial radioactive sources. 
Sec. 930. Geological isolation of spent fuel. 
Subtitle E—Fossil Energy 
PART I—STUDIES AND PROGRAM SUPPORT 
Sec. 931. Fossil energy. 
Sec. 932. Oil and gas studies. 
Sec. 933. Technology transfer. 
Sec. 934. Coal mining technologies. 
Sec. 935. Coal and related technologies program. 
Sec. 936. Complex Well Technology Testing Facility. 
PART II—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND 
OTHER PETROLEUM RESOURCES 
Sec. 941. Program authority. 
Sec. 942. Ultra-deepwater Program. 
Sec. 943. Unconventional natural gas and other petroleum resources Program. 
Sec. 944. Additional requirements for awards. 
Sec. 945. Advisory committees. 
Sec. 946. Limits on participation. 
Sec. 947. Sunset. 
Sec. 948. Definitions. 
Sec. 949. Funding. 
Subtitle F—Energy Sciences 
Sec. 953. Plan for Fusion Energy Sciences Program. 
Sec. 954. Spallation Neutron Source. 
Sec. 962. Nitrogen fixation. 
Subtitle G—Energy and Environment 
Sec. 966. Waste reduction and use of alternatives. 
Sec. 967. Report on fuel cell test center. 
Sec. 968. Arctic Engineering Research Center. 
Sec. 970. Western Michigan demonstration project. 
Sec. 971. Low-cost hydrogen propulsion and infrastructure. 
Sec. 972. Carbon-based fuel cell development. 
Subtitle H—International Cooperation 
Sec. 981. United States-Israel cooperation. 
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 
Sec. 1001. Additional Assistant Secretary position. 
Sec. 1002. Other transactions authority. 
Sec. 1003. University collaboration. 
Sec. 1004. Sense of Congress. 
TITLE XII—ELECTRICITY
Sec. 1201. Short title. 
Subtitle A—Reliability Standards 
Sec. 1211. Electric reliability standards. 
Subtitle B—Transmission Infrastructure Modernization 
Sec. 1221. Siting of interstate electric transmission facilities. 
Sec. 1222. Third-party finance. 
Sec. 1223. Transmission system monitoring. 
Sec. 1224. Advanced transmission technologies. 
Sec. 1225. Electric transmission and distribution programs. 
Sec. 1226. Advanced Power System Technology Incentive Program. 
Sec. 1227. Office of Electric Transmission and Distribution. 
Subtitle C—Transmission Operation Improvements 
Sec. 1231. Open nondiscriminatory access. 
Sec. 1232. Sense of Congress on Regional Transmission Organizations. 
Sec. 1233. Regional Transmission Organization applications progress report. 
Sec. 1234. Federal utility participation in Regional Transmission Organiza-
tions. 
Sec. 1235. Standard market design. 
Sec. 1236. Native load service obligation. 
Sec. 1237. Study on the benefits of economic dispatch. 
Subtitle D—Transmission Rate Reform 
Sec. 1241. Transmission infrastructure investment. 
Subtitle E—Amendments to PURPA 
Sec. 1251. Net metering and additional standards. 
Sec. 1252. Smart metering. 
Sec. 1253. Cogeneration and small power production purchase and sale require-
ments. 
Sec. 1254. Interconnection. 
Subtitle F—Repeal of PUHCA 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935. 
Sec. 1264. Federal access to books and records. 
Sec. 1265. State access to books and records. 
Sec. 1266. Exemption authority. 
Sec. 1267. Affiliate transactions. 
Sec. 1268. Applicability. 
Sec. 1269. Effect on other regulations. 
Sec. 1270. Enforcement. 
Sec. 1271. Savings provisions. 
Sec. 1272. Implementation. 
Sec. 1273. Transfer of resources. 
Sec. 1274. Effective date. 
Sec. 1275. Service allocation. 
Sec. 1276. Authorization of appropriations. 
Sec. 1277. Conforming amendments to the Federal Power Act.
Subtitle G—Market Transparency, Enforcement, and Consumer Protection 
Sec. 1281. Market transparency rules. 
Sec. 1282. Market manipulation. 
Sec. 1283. Enforcement. 
Sec. 1284. Refund effective date. 
Sec. 1285. Refund authority. 
Sec. 1286. Sanctity of contract. 
Sec. 1287. Consumer privacy and unfair trade practices. 
Subtitle H—Merger Reform 
Sec. 1291. Merger review reform and accountability. 
Sec. 1292. Electric utility mergers. 
Subtitle I—Definitions 
Sec. 1295. Definitions. 
Subtitle J—Technical and Conforming Amendments 
Sec. 1297. Conforming amendments. 
Subtitle K—Economic Dispatch 
Sec. 1298. Economic dispatch. 
TITLE XIV—MISCELLANEOUS 
Subtitle C—Other Provisions 
Sec. 1441. Continuation of transmission security order. 
Sec. 1442. Review of agency determinations. 
Sec. 1443. Attainment dates for downwind ozone nonattainment areas. 
Sec. 1444. Energy production incentives. 
Sec. 1446. Regulation of certain oil used in transformers. 
Sec. 1447. Risk assessments. 
Sec. 1448. Oxygen-fuel. 
Sec. 1449. Petrochemical and oil refinery facility health assessment. 
TITLE XV—ETHANOL AND MOTOR FUELS 
Subtitle A—General Provisions 
Sec. 1501. Renewable content of motor vehicle fuel. 
Sec. 1502. Fuels safe harbor. 
Sec. 1503. Findings and MTBE transition assistance. 
Sec. 1504. Use of MTBE. 
Sec. 1505. National Academy of Sciences review and presidential determina-
tion. 
Sec. 1506. Elimination of oxygen content requirement for reformulated gaso-
line. 
Sec. 1507. Analyses of motor vehicle fuel changes. 
Sec. 1508. Data collection. 
Sec. 1509. Reducing the proliferation of State fuel controls. 
Sec. 1510. Fuel system requirements harmonization study. 
Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic 
biomass loan guarantee program. 
Sec. 1512. Cellulosic biomass and waste-derived ethanol conversion assistance.
Sec. 1513. Blending of compliant reformulated gasolines. 
Subtitle B—Underground Storage Tank Compliance 
Sec. 1521. Short title. 
Sec. 1522. Leaking underground storage tanks. 
Sec. 1523. Inspection of underground storage tanks. 
Sec. 1524. Operator training. 
Sec. 1525. Remediation from oxygenated fuel additives. 
Sec. 1526. Release prevention, compliance, and enforcement. 
Sec. 1527. Delivery prohibition. 
Sec. 1528. Federal facilities. 
Sec. 1529. Tanks on Tribal lands. 
Sec. 1530. Additional measures to protect groundwater. 
Sec. 1531. Authorization of appropriations. 
Sec. 1532. Conforming amendments. 
Sec. 1533. Technical amendments. 
Subtitle C—Boutique Fuels 
Sec. 1541. Reducing the proliferation of boutique fuels. 
TITLE XVI—STUDIES 
Sec. 1601. Study on inventory of petroleum and natural gas storage. 
Sec. 1605. Study of energy efficiency standards. 
Sec. 1606. Telecommuting study. 
Sec. 1607. LIHEAP report. 
Sec. 1608. Oil bypass filtration technology. 
Sec. 1609. Total integrated thermal systems. 
Sec. 1610. University collaboration. 
Sec. 1611. Reliability and consumer protection assessment. 
Sec. 1612. Report on energy integration with Latin America. 
Sec. 1613. Low-volume gas reservoir study.
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS. 
(a) IN GENERAL.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN 
CONGRESSIONAL BUILDINGS. 
‘‘(a) IN GENERAL.—The Architect of the Capitol—
‘‘(1) shall develop, update, and implement a 
cost-effective energy conservation and management 
plan (referred to in this section as the ‘plan’) for all 
facilities administered by Congress (referred to in 
this section as ‘congressional buildings’) to meet the 
energy performance requirements for Federal build-
ings established under section 543(a)(1); and 
‘‘(2) shall submit the plan to Congress, not 
later than 180 days after the date of enactment of 
this section. 
‘‘(b) PLAN REQUIREMENTS.—The plan shall in-
clude—
‘‘(1) a description of the life cycle cost analysis 
used to determine the cost-effectiveness of proposed 
energy efficiency projects; 
‘‘(2) a schedule of energy surveys to ensure 
complete surveys of all congressional buildings every 
5 years to determine the cost and payback period of 
energy and water conservation measures; 
‘‘(3) a strategy for installation of life cycle cost-
effective energy and water conservation measures; 
‘‘(4) the results of a study of the costs and ben-
efits of installation of submetering in congressional 
buildings; and
‘‘(5) information packages and ‘how-to’ guides 
for each Member and employing authority of Con-
gress that detail simple, cost-effective methods to 
save energy and taxpayer dollars in the workplace. 
‘‘(c) ANNUAL REPORT.—The Architect of the Capitol 
shall submit to Congress annually a report on congres-
sional energy management and conservation programs re-
quired under this section that describes in detail—
‘‘(1) energy expenditures and savings estimates 
for each facility; 
‘‘(2) energy management and conservation 
projects; and 
‘‘(3) future priorities to ensure compliance with 
this section.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the National Energy Conservation Policy 
Act is amended by adding at the end of the items relating 
to part 3 of title V the following new item:
‘‘Sec. 552. Energy and water savings measures in congressional buildings.’’.
(c) REPEAL.—Section 310 of the Legislative Branch 
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed. 
(d) ENERGY INFRASTRUCTURE.—The Architect of 
the Capitol, building on the Master Plan Study completed 
in July 2000, shall commission a study to evaluate the 
energy infrastructure of the Capital Complex to determine 
how the infrastructure could be augmented to become
more energy efficient, using unconventional and renewable 
energy resources, in a way that would enable the Complex 
to have reliable utility service in the event of power fluc-
tuations, shortages, or outages. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Architect of the 
Capitol to carry out subsection (d), $2,000,000 for each 
of fiscal years 2006 through 2010. 
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 
(a) ENERGY REDUCTION GOALS.—
(1) AMENDMENT.—Section 543(a)(1) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8253(a)(1)) is amended by striking ‘‘its Federal 
buildings so that’’ and all that follows through the 
end and inserting ‘‘the Federal buildings of the 
agency (including each industrial or laboratory facil-
ity) so that the energy consumption per gross square 
foot of the Federal buildings of the agency in fiscal 
years 2006 through 2015 is reduced, as compared 
with the energy consumption per gross square foot 
of the Federal buildings of the agency in fiscal year 
2003, by the percentage specified in the following 
table:
‘‘Fiscal Year 
Percentage reduction 
2006 ...................................................................................................
2007 ...................................................................................................
2008 ...................................................................................................
2009 ...................................................................................................
‘‘Fiscal Year 
Percentage reduction 
2010 ...................................................................................................
2011 ...................................................................................................
2012 ...................................................................................................
2013 ...................................................................................................
2014 ...................................................................................................
2015 ...................................................................................................
20.’’.
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1) 
of section 543(a) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8253(a)(1)), as amended 
by this subsection, supersede all previous goals and 
baselines under such paragraph, and related report-
ing requirements. 
(b) REVIEW AND REVISION OF ENERGY PERFORM-
ANCE REQUIREMENT.—Section 543(a) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(a)) is 
further amended by adding at the end the following: 
‘‘(3) Not later than December 31, 2014, the Sec-
retary shall review the results of the implementation of 
the energy performance requirement established under 
paragraph (1) and submit to Congress recommendations 
concerning energy performance requirements for fiscal 
years 2016 through 2025.’’. 
(c) EXCLUSIONS.—Section 543(c)(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) 
is amended by striking ‘‘An agency may exclude’’ and all 
that follows through the end and inserting ‘‘(A) An agency 
may exclude, from the energy performance requirement
for a fiscal year established under subsection (a) and the 
energy management requirement established under sub-
section (b), any Federal building or collection of Federal 
buildings, if the head of the agency finds that—
‘‘(i) compliance with those requirements would 
be impracticable; 
‘‘(ii) the agency has completed and submitted 
all federally required energy management reports; 
‘‘(iii) the agency has achieved compliance with 
the energy efficiency requirements of this Act, the 
Energy Policy Act of 1992, Executive orders, and 
other Federal law; and 
‘‘(iv) the agency has implemented all prac-
ticable, life cycle cost-effective projects with respect 
to the Federal building or collection of Federal 
buildings to be excluded. 
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on—
‘‘(i) the energy intensiveness of activities car-
ried out in the Federal building or collection of Fed-
eral buildings; or 
‘‘(ii) the fact that the Federal building or col-
lection of Federal buildings is used in the perform-
ance of a national security function.’’.
(d) REVIEW BY SECRETARY.—Section 543(c)(2) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8253(c)(2)) is amended—
(1) by striking ‘‘impracticability standards’’ and 
inserting ‘‘standards for exclusion’’; 
(2) by striking ‘‘a finding of impracticability’’ 
and inserting ‘‘the exclusion’’; and 
(3) by striking ‘‘energy consumption require-
ments’’ and inserting ‘‘requirements of subsections 
(a) and (b)(1)’’. 
(e) CRITERIA.—Section 543(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-
ther amended by adding at the end the following: 
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines that establish criteria for exclusions under paragraph 
(1).’’. 
(f) RETENTION OF ENERGY AND WATER SAVINGS.—
Section 546 of the National Energy Conservation Policy 
Act (42 U.S.C. 8256) is amended by adding at the end 
the following new subsection: 
‘‘(e) RETENTION
OF ENERGY
AND WATER SAV-
INGS.—An agency may retain any funds appropriated to 
that agency for energy expenditures, water expenditures, 
or wastewater treatment expenditures, at buildings subject
to the requirements of section 543(a) and (b), that are 
not made because of energy savings or water savings. Ex-
cept as otherwise provided by law, such funds may be used 
only for energy efficiency, water conservation, or uncon-
ventional and renewable energy resources projects.’’. 
(g) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended—
(1) in the subsection heading, by inserting 
‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and 
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’. 
(h) CONFORMING AMENDMENT.—Section 550(d) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking 
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy 
reduction goals established under section 543(a).’’. 
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is further amended by adding 
at the end the following: 
‘‘(e) METERING OF ENERGY USE.—
‘‘(1) DEADLINE.—By October 1, 2012, in ac-
cordance with guidelines established by the Sec-
retary under paragraph (2), all Federal buildings 
shall, for the purposes of efficient use of energy and 
reduction in the cost of electricity used in such 
buildings, be metered or submetered. Each agency 
shall use, to the maximum extent practicable, ad-
vanced meters or advanced metering devices that 
provide data at least daily and that measure at least 
hourly consumption of electricity in the Federal 
buildings of the agency. Such data shall be incor-
porated into existing Federal energy tracking sys-
tems and made available to Federal facility energy 
managers. 
‘‘(2) GUIDELINES.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary, in consultation with the 
Department of Defense, the General Services 
Administration, representatives from the meter-
ing industry, utility industry, energy services in-
dustry, energy efficiency industry, energy effi-
ciency advocacy organizations, national labora-
tories, universities, and Federal facility energy
managers, shall establish guidelines for agencies 
to carry out paragraph (1). 
‘‘(B) REQUIREMENTS FOR GUIDELINES.—
The guidelines shall—
‘‘(i) take into consideration—
‘‘(I) the cost of metering and 
submetering and the reduced cost of 
operation and maintenance expected 
to result from metering and sub-
metering; 
‘‘(II) the extent to which meter-
ing and submetering are expected to 
result in increased potential for en-
ergy management, increased potential 
for energy savings and energy effi-
ciency improvement, and cost and en-
ergy savings due to utility contract 
aggregation; and 
‘‘(III) 
the 
measurement 
and 
verification protocols of the Depart-
ment of Energy; 
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gath-
er and use the metering information to 
track and reduce energy use; 
‘‘(iii) establish priorities for types and 
locations of buildings to be metered and 
submetered based on cost-effectiveness and 
a schedule of 1 or more dates, not later 
than 1 year after the date of issuance of 
the guidelines, on which the requirements 
specified in paragraph (1) shall take effect; 
and 
‘‘(iv) establish exclusions from the re-
quirements specified in paragraph (1) 
based on the de minimis quantity of energy 
use of a Federal building, industrial proc-
ess, or structure. 
‘‘(3) PLAN.—Not later than 6 months after the 
date guidelines are established under paragraph (2), 
in a report submitted by the agency under section 
548(a), each agency shall submit to the Secretary a 
plan describing how the agency will implement the 
requirements of paragraph (1), including (A) how 
the agency will designate personnel primarily respon-
sible for achieving the requirements and (B) dem-
onstration by the agency, complete with documenta-
tion, of any finding that advanced meters or ad-
vanced metering devices, as defined in paragraph 
(1), are not practicable.’’. 
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8251 
et seq.), as amended by section 101, is amended by adding 
at the end the following: 
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning given that term in section 7902(a) of title 
5, United States Code. 
‘‘(2) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for 
energy efficiency under an Energy Star program. 
‘‘(3) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established 
by section 324A of the Energy Policy and Conserva-
tion Act. 
‘‘(4) FEMP DESIGNATED PRODUCT.—The term 
‘FEMP designated product’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being
among the highest 25 percent of equivalent products 
for energy efficiency. 
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.—
‘‘(1) REQUIREMENT.—To meet the require-
ments of an agency for an energy consuming prod-
uct, the head of the agency shall, except as provided 
in paragraph (2), procure—
‘‘(A) an Energy Star product; or 
‘‘(B) a FEMP designated product. 
‘‘(2) EXCEPTIONS.—The head of an agency is 
not required to procure an Energy Star product or 
FEMP designated product under paragraph (1) if 
the head of the agency finds in writing that—
‘‘(A) an Energy Star product or FEMP 
designated product is not cost-effective over the 
life of the product taking energy cost savings 
into account; or 
‘‘(B) no Energy Star product or FEMP 
designated product is reasonably available that 
meets the functional requirements of the agen-
cy. 
‘‘(3) PROCUREMENT PLANNING.—The head of 
an agency shall incorporate into the specifications 
for all procurements involving energy consuming
products and systems, including guide specifications, 
project specifications, and construction, renovation, 
and services contracts that include provision of en-
ergy consuming products and systems, and into the 
factors for the evaluation of offers received for the 
procurement, criteria for energy efficiency that are 
consistent with the criteria used for rating Energy 
Star products and for rating FEMP designated 
products. 
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN 
FEDERAL CATALOGS.—Energy Star products and FEMP 
designated products shall be clearly identified and promi-
nently displayed in any inventory or listing of products 
by the General Services Administration or the Defense Lo-
gistics Agency. The General Services Administration or 
the Defense Logistics Agency shall supply only Energy 
Star products or FEMP designated products for all prod-
uct categories covered by the Energy Star program or the 
Federal Energy Management Program, except in cases 
where the agency ordering a product specifies in writing 
that no Energy Star product or FEMP designated product 
is available to meet the buyer’s functional requirements, 
or that no Energy Star product or FEMP designated 
product is cost-effective for the intended application over
the life of the product, taking energy cost savings into ac-
count. 
‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of elec-
tric motors of 1 to 500 horsepower, agencies shall select 
only premium efficient motors that meet a standard des-
ignated by the Secretary. The Secretary shall designate 
such a standard not later than 120 days after the date 
of the enactment of this section, after considering the rec-
ommendations of associated electric motor manufacturers 
and energy efficiency groups. 
‘‘(2) All Federal agencies are encouraged to take ac-
tions to maximize the efficiency of air conditioning and 
refrigeration equipment, including appropriate cleaning 
and maintenance, including the use of any system treat-
ment or additive that will reduce the electricity consumed 
by air conditioning and refrigeration equipment. Any such 
treatment or additive must be—
‘‘(A) determined by the Secretary to be effective 
in increasing the efficiency of air conditioning and 
refrigeration equipment without having an adverse 
impact on air conditioning performance (including 
cooling capacity) or equipment useful life; 
‘‘(B) determined by the Administrator of the 
Environmental Protection Agency to be environ-
mentally safe; and
‘‘(C) shown to increase seasonal energy effi-
ciency ratio (SEER) or energy efficiency ratio 
(EER) when tested by the National Institute of 
Standards and Technology according to Department 
of Energy test procedures without causing any ad-
verse impact on the system, system components, the 
refrigerant or lubricant, or other materials in the 
system. 
Results of testing described in subparagraph (C) shall be 
published in the Federal Register for public review and 
comment. For purposes of this section, a hardware device 
or primary refrigerant shall not be considered an additive. 
‘‘(e) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
shall issue guidelines to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the National Energy Conservation Policy Act is 
further amended by inserting after the item relating to 
section 552 the following new item:
‘‘Sec. 553. Federal procurement of energy efficient products.’’.
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) LIMITATIONS.—
(1) IN GENERAL.—Section 801(a) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8287(a)) is amended by adding at the end the fol-
lowing subparagraph:
‘‘(E) All Federal agencies combined may not, after 
the date of enactment of the Energy Policy Act of 2005, 
enter into more than a total of 100 contracts under this 
title. Payments made by the Federal Government under 
all contracts permitted by this subparagraph combined 
shall not exceed a total of $500,000,000. Each Federal 
agency shall appoint a coordinator for Energy Savings 
Performance Contracts with the responsibility to monitor 
the number of such contracts for that Federal agency and 
the investment value of each contract. The coordinators 
for each Federal agency shall meet monthly to ensure that 
the limits specified in this subparagraph on the number 
of contracts and the payments made for the contracts are 
not exceeded.’’. 
(2) DEFINITION.—Section 804(1) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8287c(1)) is amended to read as follows: 
‘‘(1) The term ‘Federal agency’ means the De-
partment of Defense, the Department of Veterans 
Affairs, and the Department of Energy.’’. 
(3) VALIDITY
OF
CONTRACTS.—The amend-
ments made by this subsection shall not affect the 
validity of contracts entered into under title VIII of 
the National Energy Conservation Policy Act (42 
U.S.C. 8287 et seq.) before the date of enactment
of this Act, or of contracts described in subsection 
(h). 
(b) PERMANENT EXTENSION.—Effective October 1, 
2006, section 801(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(c)) is repealed. 
(c) PAYMENT OF COSTS.—Section 802 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287a) 
is amended by inserting ‘‘, water, or wastewater treat-
ment’’ after ‘‘payment of energy’’. 
(d) ENERGY SAVINGS.—Section 804(2) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8287c(2)) is amended to read as follows: 
‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy, water, or wastewater 
treatment, from a base cost established through a 
methodology set forth in the contract, used in an ex-
isting federally owned building or buildings or other 
federally owned facilities as a result of—
‘‘(A) the lease or purchase of operating 
equipment, improvements, altered operation and 
maintenance, or technical services; 
‘‘(B) the increased efficient use of existing 
energy sources by cogeneration or heat recov-
ery, excluding any cogeneration process for
other than a federally owned building or build-
ings or other federally owned facilities; or 
‘‘(C) the increased efficient use of existing 
water sources in either interior or exterior ap-
plications.’’. 
(e) ENERGY SAVINGS CONTRACT.—Section 804(3) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287c(3)) is amended to read as follows: 
‘‘(3) The terms ‘energy savings contract’ and 
‘energy savings performance contract’ mean a con-
tract that provides for the performance of services 
for the design, acquisition, installation, testing, and, 
where appropriate, operation, maintenance, and re-
pair, of an identified energy or water conservation 
measure or series of measures at 1 or more loca-
tions. Such contracts shall, with respect to an agen-
cy facility that is a public building (as such term is 
defined in section 3301 of title 40, United States 
Code), be in compliance with the prospectus require-
ments and procedures of section 3307 of title 40, 
United States Code.’’. 
(f) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287c(4)) is amended to read as fol-
lows:
‘‘(4) The term ‘energy or water conservation 
measure’ means—
‘‘(A) an energy conservation measure, as 
defined in section 551; or 
‘‘(B) a water conservation measure that 
improves the efficiency of water use, is life-cycle 
cost-effective, and involves water conservation, 
water recycling or reuse, more efficient treat-
ment of wastewater or stormwater, improve-
ments in operation or maintenance efficiencies, 
retrofit activities, or other related activities, not 
at a Federal hydroelectric facility.’’. 
(g) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Energy shall 
complete a review of the Energy Savings Performance 
Contract program to identify statutory, regulatory, and 
administrative obstacles that prevent Federal agencies 
from fully utilizing the program. In addition, this review 
shall identify all areas for increasing program flexibility 
and effectiveness, including audit and measurement 
verification requirements, accounting for energy use in de-
termining savings, contracting requirements, including the 
identification of additional qualified contractors, and en-
ergy efficiency services covered. The Secretary shall report 
these findings to Congress and shall implement identified
administrative and regulatory changes to increase pro-
gram flexibility and effectiveness to the extent that such 
changes are consistent with statutory authority. 
(h) EXTENSION OF AUTHORITY.—Any energy sav-
ings performance contract entered into under section 801 
of the National Energy Conservation Policy Act (42 
U.S.C. 8287) after October 1, 2006, and before the date 
of enactment of this Act, shall be deemed to have been 
entered into pursuant to such section 801 as amended by 
subsection (a) of this section. 
SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY. 
(a) VOLUNTARY AGREEMENTS.—The Secretary of 
Energy is authorized to enter into voluntary agreements 
with 1 or more persons in industrial sectors that consume 
significant amounts of primary energy per unit of physical 
output to reduce the energy intensity of their production 
activities by a significant amount relative to improvements 
in each sector in recent years. 
(b) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental 
Protection Agency and other appropriate Federal agen-
cies, shall recognize and publicize the achievements of par-
ticipants in voluntary agreements under this section.
(c) DEFINITION.—In this section, the term ‘‘energy 
intensity’’ means the primary energy consumed per unit 
of physical output in an industrial process. 
SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Administrator of General Services, 
shall establish an Advanced Building Efficiency Testbed 
program for the development, testing, and demonstration 
of advanced engineering systems, components, and mate-
rials to enable innovations in building technologies. The 
program shall evaluate efficiency concepts for government 
and industry buildings, and demonstrate the ability of 
next generation buildings to support individual and orga-
nizational productivity and health (including by improving 
indoor air quality) as well as flexibility and technological 
change to improve environmental sustainability. Such pro-
gram shall complement and not duplicate existing national 
programs. 
(b) PARTICIPANTS.—The program established under 
subsection (a) shall be led by a university with the ability 
to combine the expertise from numerous academic fields 
including, at a minimum, intelligent workplaces and ad-
vanced building systems and engineering, electrical and 
computer engineering, computer science, architecture, 
urban design, and environmental and mechanical engi-
neering. Such university shall partner with other univer-
sities and entities who have established programs and the 
capability of advancing innovative building efficiency tech-
nologies. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $6,000,000 for each of the 
fiscal years 2006 through 2008, to remain available until 
expended. For any fiscal year in which funds are expended 
under this section, the Secretary shall provide 1⁄3 of the 
total amount to the lead university described in subsection 
(b), and provide the remaining 2⁄3 to the other participants 
referred to in subsection (b) on an equal basis. 
SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS. 
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended—
(1) in paragraph (2)(A), by striking ‘‘CABO 
Model Energy Code, 1992’’ and inserting ‘‘the 2003 
International Energy Conservation Code’’; and 
(2) by adding at the end the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI-
CIENCY PERFORMANCE STANDARDS.—
‘‘(A) IN GENERAL.—Not later than 1 year after 
the date of enactment of this paragraph, the Sec-
retary of Energy shall establish, by rule, revised
Federal building energy efficiency performance 
standards that require that—
‘‘(i) if life-cycle cost-effective, for new Fed-
eral buildings—
‘‘(I) such buildings be designed so as 
to achieve energy consumption levels at 
least 30 percent below those of the version 
current as of the date of enactment of this 
paragraph of the ASHRAE Standard or 
the International Energy Conservation 
Code, as appropriate; and 
‘‘(II) sustainable design principles are 
applied to the siting, design, and construc-
tion of all new and replacement buildings; 
and 
‘‘(ii) where water is used to achieve energy 
efficiency, water conservation technologies shall 
be applied to the extent they are life-cycle cost 
effective. 
‘‘(B) ADDITIONAL REVISIONS.—Not later than 
1 year after the date of approval of each subsequent 
revision of the ASHRAE Standard or the Inter-
national Energy Conservation Code, as appropriate, 
the Secretary of Energy shall determine, based on 
the cost-effectiveness of the requirements under the
amendments, whether the revised standards estab-
lished under this paragraph should be updated to re-
flect the amendments. 
‘‘(C) STATEMENT
ON
COMPLIANCE
OF
NEW 
BUILDINGS.—In the budget request of the Federal 
agency for each fiscal year and each report sub-
mitted by the Federal agency under section 548(a) 
of the National Energy Conservation Policy Act (42 
U.S.C. 8258(a)), the head of each Federal agency 
shall include—
‘‘(i) a list of all new Federal buildings 
owned, operated, or controlled by the Federal 
agency; and 
‘‘(ii) a statement concerning whether the 
Federal buildings meet or exceed the revised 
standards established under this paragraph.’’. 
SEC. 110. DAYLIGHT SAVINGS. 
(a) REPEAL.—Section 3(a) of the Uniform Time Act 
of 1966 (15 U.S.C. 260a(a)) is amended—
(1) by striking ‘‘April’’ and inserting ‘‘March’’; 
and 
(2) by striking ‘‘October’’ and inserting ‘‘No-
vember’’. 
(b) REPORT
TO
CONGRESS.—Not later than 9 
months after the date of enactment of this Act, the Sec-
retary of Energy shall report to Congress on the impact 
this section on energy consumption in the United States. 
Subtitle B—Energy Assistance and 
State Programs 
SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO-
GRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
2602(b) of the Low-Income Home Energy Assistance Act 
of 1981 (42 U.S.C. 8621(b)) is amended by striking ‘‘and 
$2,000,000,000 for each of fiscal years 2002 through 
2004’’ and inserting ‘‘and $5,100,000,000 for each of fis-
cal years 2005 through 2007’’. 
(b) RENEWABLE FUELS.—The Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) 
is amended by adding at the end the following new section: 
‘‘RENEWABLE FUELS 
‘‘SEC. 2612. In providing assistance pursuant to this 
title, a State, or any other person with which the State 
makes arrangements to carry out the purposes of this title, 
may purchase renewable fuels, including biomass.’’. 
(c) REPORT TO CONGRESS.—The Secretary of En-
ergy shall report to Congress on the use of renewable fuels 
in providing assistance under the Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
SEC. 122. WEATHERIZATION ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
422 of the Energy Conservation and Production Act (42 
U.S.C. 6872) is amended by striking ‘‘for fiscal years 
1999 through 2003 such sums as may be necessary’’ and 
inserting 
‘‘$500,000,000 
for 
fiscal 
year 
2006, 
$600,000,000 for fiscal year 2007, and $700,000,000 for 
fiscal year 2008’’. 
(b) ELIGIBILITY.—Section 412(7) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(7)) is 
amended by striking ‘‘125 percent’’ both places it appears 
and inserting ‘‘150 percent’’. 
SEC. 123. STATE ENERGY PROGRAMS. 
(a) STATE ENERGY CONSERVATION PLANS.—Section 
362 of the Energy Policy and Conservation Act (42 U.S.C. 
6322) is amended by inserting at the end the following 
new subsection: 
‘‘(g) The Secretary shall, at least once every 3 years, 
invite the Governor of each State to review and, if nec-
essary, revise the energy conservation plan of such State 
submitted under subsection (b) or (e). Such reviews should 
consider the energy conservation plans of other States 
within the region, and identify opportunities and actions 
carried out in pursuit of common energy conservation 
goals.’’.
(b) STATE ENERGY EFFICIENCY GOALS.—Section 
364 of the Energy Policy and Conservation Act (42 U.S.C. 
6324) is amended to read as follows: 
‘‘STATE ENERGY EFFICIENCY GOALS 
‘‘SEC. 364. Each State energy conservation plan with 
respect to which assistance is made available under this 
part on or after the date of enactment of the Energy Pol-
icy Act of 2005 shall contain a goal, consisting of an im-
provement of 25 percent or more in the efficiency of use 
of energy in the State concerned in calendar year 2012 
as compared to calendar year 1990, and may contain in-
terim goals.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years 
1999 through 2003 such sums as may be necessary’’ and 
inserting ‘‘$100,000,000 for each of the fiscal years 2006 
and 2007 and $125,000,000 for fiscal year 2008’’. 
SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PRO-
GRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means a State that meets the requirements 
of subsection (b). 
(2) ENERGY STAR PROGRAM.—The term ‘‘En-
ergy Star program’’ means the program established