II 
Calendar No. 97 
111TH CONGRESS 
1ST SESSION H. R. 2454 
IN THE SENATE OF THE UNITED STATES 
JULY 6, 2009 
Received and read the first time 
JULY 7, 2009 
Read the second time and placed on the calendar 
AN ACT 
To create clean energy jobs, achieve energy independence, 
reduce global warming pollution and transition to a clean 
energy economy. 
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 
‘‘American Clean Energy and Security Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. International participation. 
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TITLE I—CLEAN ENERGY 
Subtitle A—Combined Efficiency and Renewable Electricity Standard 
Sec. 101. Combined efficiency and renewable electricity standard. 
‘‘Sec. 610. Combined efficiency and renewable electricity standard. 
Sec. 102. Clarifying State authority to adopt renewable energy incentives. 
Sec. 103. Federal renewable energy purchases. 
Subtitle B—Carbon Capture and Sequestration 
Sec. 111. National strategy. 
Sec. 112. Regulations for geologic sequestration sites. 
‘‘Sec. 813. Geologic sequestration sites. 
Sec. 113. Studies and reports. 
Sec. 114. Carbon capture and sequestration demonstration and early deploy-
ment program. 
Sec. 115. Commercial deployment of carbon capture and sequestration tech-
nologies. 
‘‘Sec. 786. Commercial deployment of carbon capture and sequestration 
technologies. 
Sec. 116. Performance standards for coal-fueled power plants. 
‘‘Sec. 812. Performance standards for new coal-fired power plants. 
Subtitle C—Clean Transportation 
Sec. 121. Electric vehicle infrastructure. 
Sec. 122. Large-scale vehicle electrification program. 
Sec. 123. Plug-in electric drive vehicle manufacturing. 
Sec. 124. Investment in clean vehicles. 
Sec. 125. Advanced technology vehicle manufacturing incentive loans. 
Sec. 126. Definition of renewable biomass. 
Sec. 127. Open fuel standard. 
‘‘Sec. 32920. Open fuel standard for transportation. 
Sec. 128. Diesel emissions reduction. 
Sec. 129. Loan guarantees for projects to construct renewable fuel pipelines. 
Sec. 130. Fleet vehicles. 
Sec. 130A. Report on natural gas vehicle emissions reductions. 
Subtitle D—State Energy and Environment Development Accounts 
Sec. 131. Establishment of SEED Accounts. 
Sec. 132. Support of State renewable energy and energy efficiency programs. 
Sec. 133. Support of Indian renewable energy and energy efficiency programs. 
Subtitle E—Smart Grid Advancement 
Sec. 141. Definitions. 
Sec. 142.
Assessment of Smart Grid cost effectiveness in products. 
Sec. 143. Inclusions of Smart Grid capability on appliance ENERGY GUIDE 
labels. 
Sec. 144. Smart Grid peak demand reduction goals. 
Sec. 145.
Reauthorization of energy efficiency public information program to 
include Smart Grid information. 
Sec. 146. Inclusion of Smart Grid features in appliance rebate program. 
Subtitle F—Transmission Planning 
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Sec. 151. Transmission planning and siting. 
‘‘Sec. 216A Transmission planning. 
‘‘Sec. 216B. Siting and construction in the Western Interconnection. 
Sec. 152. Net metering for Federal agencies. 
Sec. 153. Support for qualified advanced electric transmission manufacturing 
plants, qualified high efficiency transmission property, and 
qualified advanced electric transmission property. 
Subtitle G—Technical Corrections to Energy Laws 
Sec. 161. Technical corrections to Energy Independence and Security Act of 
2007. 
Sec. 162. Technical corrections to Energy Policy Act of 2005. 
Subtitle H—Energy and Efficiency Centers and Research 
Sec. 171. Energy Innovation Hubs. 
Sec. 172. Advanced energy research. 
Sec. 173. Building Assessment Centers. 
Sec. 174. Centers for Energy and Environmental Knowledge and Outreach. 
Sec. 175. High efficiency gas turbine research, development, and demonstra-
tion. 
Subtitle I—Nuclear and Advanced Technologies 
Sec. 181. Revisions to loan guarantee program authority. 
Sec. 182. Purpose. 
Sec. 183. Definitions. 
Sec. 184. Clean energy investment fund. 
Sec. 185. Energy technology deployment goals. 
Sec. 186. Clean energy deployment administration. 
Sec. 187. Direct support. 
Sec. 188. Indirect support. 
Sec. 189. Federal credit authority. 
Sec. 190. General provisions. 
Sec. 191. Conforming amendments. 
Subtitle J—Miscellaneous 
Sec. 195. Increased hydroelectric generation at existing Federal facilities. 
Sec. 196. Clean technology business competition grant program. 
Sec. 197. National Bioenergy Partnership. 
Sec. 198. Office of Consumer Advocacy. 
‘‘Sec. 319. Office of Consumer Advocacy. 
Sec. 199. Development corporation for renewable power borrowing authority. 
Sec. 199A. Study. 
TITLE II—ENERGY EFFICIENCY 
Subtitle A—Building Energy Efficiency Programs 
Sec. 201. Greater energy efficiency in building codes. 
‘‘Sec. 304. Greater energy efficiency in building codes. 
Sec. 202. Building retrofit program. 
Sec. 203. Energy efficient manufactured homes. 
Sec. 204. Building energy performance labeling program. 
Sec. 205. Tree planting programs. 
Sec. 206. Energy efficiency for data center buildings. 
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Sec. 207. Community building code administration grants. 
Sec. 208. Solar energy systems building permit requirements for receipt of com-
munity development block grant funds. 
Sec. 209. Prohibition of restrictions on residential installation of solar energy 
system. 
Subtitle B—Lighting and Appliance Energy Efficiency Programs 
Sec. 211. Lighting efficiency standards. 
Sec. 212. Other appliance efficiency standards. 
Sec. 213. Appliance efficiency determinations and procedures. 
‘‘Sec. 334. Jurisdiction and venue. 
Sec. 214. Best-in-Class Appliances Deployment Program. 
Sec. 215. WaterSense. 
Sec. 216. Federal procurement of water efficient products. 
Sec. 217. Early adopter water efficient product incentive programs. 
Sec. 218. Certified stoves program. 
Sec. 219. Energy Star standards. 
Subtitle C—Transportation Efficiency 
Sec. 221. Emissions standards. 
‘‘PART B—MOBILE SOURCES 
‘‘Sec. 821. Greenhouse gas emission standards for mobile sources. 
Sec. 222. Greenhouse gas emissions reductions through transportation effi-
ciency. 
‘‘PART D—TRANSPORTATION EMISSIONS 
‘‘Sec. 841. Greenhouse gas emissions reductions through transportation ef-
ficiency. 
Sec. 223. SmartWay transportation efficiency program. 
‘‘Sec. 822. SmartWay transportation efficiency program. 
Sec. 224. State vehicle fleets. 
Subtitle D—Industrial Energy Efficiency Programs 
Sec. 241. Industrial plant energy efficiency standards. 
Sec. 242. Electric and thermal waste energy recovery award program. 
Sec. 243. Clarifying election of waste heat recovery financial incentives. 
Sec. 244. Motor market assessment and commercial awareness program. 
Sec. 245. Motor efficiency rebate program. 
‘‘Sec. 347. Motor efficiency rebate program. 
Sec. 246. Clean energy manufacturing revolving loan fund program. 
‘‘Sec. 27. Clean energy manufacturing revolving loan fund program. 
Sec. 247. Clean energy and efficiency manufacturing partnerships. 
Sec. 248. Technical amendments. 
Subtitle E—Improvements in Energy Savings Performance Contracting 
Sec. 251. Energy savings performance contracts. 
Subtitle F—Public Institutions 
Sec. 261. Public institutions. 
Sec. 262. Community energy efficiency flexibility. 
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Sec. 263. Small community joint participation. 
Sec. 264. Low income community energy efficiency program. 
Sec. 265. Consumer behavior research. 
Subtitle G—Miscellaneous 
Sec. 271. Energy efficient information and communications technologies. 
‘‘Sec. 543. Energy efficient information and communications technologies. 
Sec. 272. National energy efficiency goals. 
Sec. 273. Affiliated island energy independence team. 
Sec. 274. Product carbon disclosure program. 
Sec. 275. Industrial energy efficiency education and training initiative. 
Sec. 276. Sense of Congress. 
Subtitle H—Green Resources for Energy Efficient Neighborhoods 
Sec. 281. Short title. 
Sec. 282. Definitions. 
Sec. 283. Implementation of energy efficiency participation incentives for HUD 
programs. 
Sec. 284. Basic HUD energy efficiency standards and standards for additional 
credit. 
Sec. 285. Energy efficiency and conservation demonstration program for multi-
family housing projects assisted with project-based rental as-
sistance. 
Sec. 286. Additional credit for Fannie Mae and Freddie Mac housing goals for 
energy-efficient and location-efficient mortgages. 
Sec. 287. Duty to serve underserved markets for energy-efficient and location- 
efficient mortgages. 
Sec. 288. Consideration of energy efficiency under FHA mortgage insurance 
programs and Native American and Native Hawaiian loan 
guarantee programs. 
‘‘Sec. 543. Consideration of energy efficiency. 
Sec. 289. Energy-efficient mortgages and location-efficient mortgages education 
and outreach campaign. 
Sec. 290. Collection of information on energy-efficient and location-efficient 
mortgages through Home Mortgage Disclosure Act. 
Sec. 291. Ensuring availability of homeowners insurance for homes not con-
nected to electricity grid. 
Sec. 292. Mortgage incentives for energy-efficient multifamily housing. 
Sec. 293. Energy-efficient certifications for manufactured housing with mort-
gages. 
Sec. 294. Assisted housing energy loan pilot program. 
Sec. 295. Making it green. 
Sec. 296. Residential energy efficiency block grant program. 
‘‘Sec. 123. Residential energy efficiency block grant program. 
Sec. 297. Including sustainable development and transportation strategies in 
comprehensive housing affordability strategies. 
Sec. 298. Grant program to increase sustainable low-income community devel-
opment capacity. 
Sec. 299. HOPE VI green developments requirement. 
Sec. 299A. Consideration of energy efficiency improvements in appraisals. 
Sec. 299B. Housing Assistance Council. 
Sec. 299C. Rural housing and economic development assistance. 
Sec. 299D. Loans to States and Indian tribes to carry out renewable energy 
sources activities. 
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Sec. 299E. Green banking centers. 
Sec. 299F. GAO reports on availability of affordable mortgages. 
Sec. 299G. Public housing energy cost report. 
Sec. 299H. Secondary market for residential renewable energy lease instru-
ments. 
Sec. 299I. Green guarantees. 
TITLE III—REDUCING GLOBAL WARMING POLLUTION 
Sec. 301. Short title. 
Subtitle A—Reducing Global Warming Pollution 
Sec. 311. Reducing global warming pollution. 
‘‘TITLE VII—GLOBAL WARMING POLLUTION REDUCTION 
PROGRAM 
‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS 
‘‘Sec. 701. Findings and purpose. 
‘‘Sec. 702. Economy-wide reduction goals. 
‘‘Sec. 703. Reduction targets for specified sources. 
‘‘Sec. 704. Supplemental pollution reductions. 
‘‘Sec. 705. Review and program recommendations. 
‘‘Sec. 706. National Academy review. 
‘‘Sec. 707. Presidential response and recommendations. 
‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES 
‘‘Sec. 711. Designation of greenhouse gases. 
‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases. 
‘‘Sec. 713. Greenhouse gas registry. 
‘‘PART C—PROGRAM RULES 
‘‘Sec. 721. Emission allowances. 
‘‘Sec. 722. Prohibition of excess emissions. 
‘‘Sec. 723. Penalty for noncompliance. 
‘‘Sec. 724. Trading. 
‘‘Sec. 725. Banking and borrowing. 
‘‘Sec. 726. Strategic reserve. 
‘‘Sec. 727. Permits. 
‘‘Sec. 728. International emission allowances. 
‘‘PART D—OFFSETS 
‘‘Sec. 731. Offsets Integrity Advisory Board. 
‘‘Sec. 732. Establishment of offsets program. 
‘‘Sec. 733. Eligible project types. 
‘‘Sec. 734. Requirements for offset projects. 
‘‘Sec. 735. Approval of offset projects. 
‘‘Sec. 736. Verification of offset projects. 
‘‘Sec. 737. Issuance of offset credits. 
‘‘Sec. 738. Audits. 
‘‘Sec. 739. Program review and revision. 
‘‘Sec. 740. Early offset supply. 
‘‘Sec. 741. Environmental considerations. 
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‘‘Sec. 742. Trading. 
‘‘Sec. 743. International offset credits. 
‘‘PART E—SUPPLEMENTAL EMISSIONS REDUCTIONS FROM REDUCED 
DEFORESTATION 
‘‘Sec. 751. Definitions. 
‘‘Sec. 752. Findings. 
‘‘Sec. 753. Supplemental emissions reductions through reduced deforest-
ation. 
‘‘Sec. 754. Requirements for international deforestation reduction pro-
gram. 
‘‘Sec. 755. Reports and reviews. 
‘‘Sec. 756. Legal effect of part. 
Sec. 312. Definitions. 
‘‘Sec. 700. Definitions. 
Subtitle B—Disposition of Allowances 
Sec. 321. Disposition of allowances for global warming pollution reduction pro-
gram. 
‘‘PART H—DISPOSITION OF ALLOWANCES 
‘‘Sec. 781. Allocation of allowances for supplemental reductions. 
‘‘Sec. 782. Allocation of emission allowances. 
‘‘Sec. 783. Electricity consumers. 
‘‘Sec. 784. Natural gas consumers. 
‘‘Sec. 785. Home heating oil, propane, and kerosene consumers. 
‘‘Sec. 787. Allocations to refineries. 
‘‘Sec. 788. Supplemental agriculture and renewable energy incentives pro-
grams. 
‘‘Sec. 789. Climate change consumer refunds. 
‘‘Sec. 790. Exchange for State-issued allowances. 
‘‘Sec. 791. Auction procedures. 
‘‘Sec. 792. Auctioning allowances for other entities. 
‘‘Sec. 793. Establishment of funds. 
‘‘Sec. 794. Oversight of allocations. 
‘‘Sec. 795. Exchange for early action offset credits. 
Subtitle C—Additional Greenhouse Gas Standards 
Sec. 331. Greenhouse gas standards. 
‘‘TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS 
‘‘Sec. 801. Definitions. 
‘‘PART A—STATIONARY SOURCE STANDARDS 
‘‘Sec. 811. Standards of performance. 
‘‘PART C—EXEMPTIONS FROM OTHER PROGRAMS 
‘‘Sec. 831. Criteria pollutants. 
‘‘Sec. 832. International air pollution. 
‘‘Sec. 833. Hazardous air pollutants. 
‘‘Sec. 834. New source review. 
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‘‘Sec. 835. Title V permits. 
Sec. 332. HFC Regulation. 
‘‘Sec. 619. Hydrofluorocarbons (HFCs). 
Sec. 333. Black carbon. 
‘‘PART E—BLACK CARBON 
‘‘Sec. 851. Black carbon. 
Sec. 334. States. 
Sec. 335. State programs. 
‘‘PART F—MISCELLANEOUS 
‘‘Sec. 861. State programs. 
‘‘Sec. 862. Grants for support of air pollution control programs. 
Sec. 336. Enforcement. 
Sec. 337. Conforming amendments. 
Sec. 338. Davis-Bacon compliance. 
Sec. 339. National strategy for domestic biological carbon sequestration. 
Sec. 340. Reducing acid rain and mercury pollution. 
Subtitle D—Carbon Market Assurance 
Sec. 341. Carbon market assurance. 
‘‘PART IV—CARBON MARKET ASSURANCE 
‘‘Sec. 401. Oversight and assurance of carbon markets. 
‘‘Sec. 402. Applicability of Part III provisions. 
‘‘Sec. 1041. Fraud and false statements in connection with regulated al-
lowances. 
Sec. 342. Carbon derivative markets. 
Subtitle E—Additional Market Assurance 
Sec. 351. Regulation of certain transactions in derivatives involving energy 
commodities. 
Sec. 352. No effect on authority of the Federal Energy Regulatory Commission. 
Sec. 353. Inspector General of the Commodity Futures Trading Commission. 
Sec. 354. Settlement and clearing through registered derivatives clearing orga-
nizations. 
Sec. 355. Limitation on eligibility to purchase a credit default swap. 
Sec. 356. Transaction fees. 
Sec. 357. No effect on antitrust law or authority of the Federal Trade Commis-
sion. 
Sec. 358. Effect of derivatives regulatory reform legislation. 
Sec. 359. Cease-and-desist authority. 
Sec. 360. Presidential review of regulations. 
TITLE IV—TRANSITIONING TO A CLEAN ENERGY ECONOMY 
Subtitle A—Ensuring Real Reductions in Industrial Emissions 
Sec. 401. Ensuring real reductions in industrial emissions. 
‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS 
‘‘Sec. 761. Purposes. 
‘‘Sec. 762. Definitions. 
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‘‘SUBPART 1—EMISSION ALLOWANCE REBATE PROGRAM 
‘‘Sec. 763. Eligible industrial sectors. 
‘‘Sec. 764. Distribution of emission allowance rebates. 
‘‘SUBPART 2—PROMOTING INTERNATIONAL REDUCTIONS IN INDUSTRIAL 
EMISSIONS 
‘‘Sec. 765. International negotiations. 
‘‘Sec. 766. United States negotiating objectives with respect to multilateral 
environmental negotiations. 
‘‘Sec. 767. Presidential reports and determinations. 
‘‘Sec. 768. International reserve allowance program. 
‘‘Sec. 769. Iron and steel sector. 
Subtitle B—Green Jobs and Worker Transition 
PART 1—GREEN JOBS 
Sec. 421. Clean energy curriculum development grants. 
Sec. 422. Increased funding for energy worker training program. 
Sec. 423. Development of Information and Resources clearinghouse for voca-
tional education and job training in renewable energy sectors. 
Sec. 424. Monitoring program effectiveness. 
Sec. 424A. Green construction careers demonstration project. 
PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE 
Sec. 425. Petitions, eligibility requirements, and determinations. 
Sec. 426. Program benefits. 
Sec. 427. General provisions. 
Subtitle C—Consumer Assistance 
Sec. 431. Energy refund program. 
‘‘TITLE XXII—ENERGY REFUND PROGRAM 
‘‘Sec. 2201. Energy refund program. 
Sec. 432. Modification of earned income credit amount for individuals with no 
qualifying children. 
Sec. 433. Protection of Social Security and Medicare trust funds. 
Subtitle D—Exporting Clean Technology 
Sec. 441. Findings and purposes. 
Sec. 442. Definitions. 
Sec. 443. Governance. 
Sec. 444. Determination of eligible countries. 
Sec. 445. Qualifying activities. 
Sec. 446. Assistance. 
Subtitle E—Adapting to Climate Change 
PART 1—DOMESTIC ADAPTATION 
SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM 
Sec. 451. Global change research and data management. 
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Sec. 452. National Climate Service. 
Sec. 453. State programs to build resilience to climate change impacts. 
SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE 
Sec. 461. Sense of Congress on public health and climate change. 
Sec. 462. Relationship to other laws. 
Sec. 463. National strategic action plan. 
Sec. 464. Advisory board. 
Sec. 465. Reports. 
Sec. 466. Definitions. 
Sec. 467. Climate Change Health Protection and Promotion Fund. 
SUBPART C—NATURAL RESOURCE ADAPTATION 
Sec. 471. Purposes. 
Sec. 472. Natural resources climate change adaptation policy. 
Sec. 473. Definitions. 
Sec. 474. Council on Environmental Quality. 
Sec. 475. Natural Resources Climate Change Adaptation Panel. 
Sec. 476. Natural Resources Climate Change Adaptation Strategy. 
Sec. 477. Natural resources adaptation science and information. 
Sec. 478. Federal natural resource agency adaptation plans. 
Sec. 479. State natural resources adaptation plans. 
Sec. 480. Natural Resources Climate Change Adaptation Fund. 
Sec. 481. National Wildlife Habitat and Corridors Information Program. 
Sec. 482. Additional provisions regarding Indian tribes. 
PART 2—INTERNATIONAL CLIMATE CHANGE ADAPTATION PROGRAM 
Sec. 491. Findings and purposes. 
Sec. 492. Definitions. 
Sec. 493. International Climate Change Adaptation Program. 
Sec. 494. Distribution of allowances. 
Sec. 495. Bilateral assistance. 
TITLE V—AGRICULTURAL AND FORESTRY RELATED OFFSETS 
Subtitle A—Offset Credit Program From Domestic Agricultural and Forestry 
Sources 
Sec. 501. Definitions. 
Sec. 502. Establishment of offset credit program from domestic agricultural 
and forestry sources. 
Sec. 503. List of eligible domestic agricultural and forestry offset practice 
types. 
Sec. 504. Requirements for domestic agricultural and forestry practices. 
Sec. 505. Project plan submission and approval. 
Sec. 506. Verification of offset practices. 
Sec. 507. Certification of offset credits. 
Sec. 508. Ownership and transfer of offset credits. 
Sec. 509. Program review and revision. 
Sec. 510. Environmental considerations. 
Sec. 511. Audits. 
Subtitle B—USDA Greenhouse Gas Emission Reduction and Sequestration 
Advisory Committee 
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