166 
‘‘(A) to States in regions which have a dis-
proportionately small share of economically sus-
tainable renewable energy generation capacity; 
and (B) to State programs to stimulate or en-
hance innovative renewable energy technologies. 
‘‘(e) RULES.—The Secretary shall issue rules imple-
menting this section not later than 1 year after the date 
of enactment of this section. 
‘‘(f) EXEMPTIONS.—This section shall not apply in 
any calendar year to an electric utility— 
‘‘(1) that sold less than 4,000,000 megawatt- 
hours of electric energy to electric consumers during 
the preceding calendar year; or 
‘‘(2) in Hawaii. 
‘‘(g) INFLATION ADJUSTMENT.—Not later than De-
cember 31 of each year beginning in 2008, the Secretary 
shall adjust for inflation the price of a renewable energy 
credit under subsection (b)(2)(B) and the amount of the 
civil penalty per kilowatt-hour under subsection (c)(2). 
‘‘(h) STATE PROGRAMS.—Nothing in this section 
shall diminish any authority of a State or political subdivi-
sion thereof to adopt or enforce any law or regulation re-
specting renewable energy, but, except as provided in sub-
section (c)(3), no such law or regulation shall relieve any 
person of any requirement otherwise applicable under this 
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section. The Secretary, in consultation with States having 
such renewable energy programs, shall, to the maximum 
extent practicable, facilitate coordination between the Fed-
eral program and State programs. 
‘‘(i) DEFINITIONS.—For purposes of this section: 
‘‘(1) BASE
AMOUNT
OF
ELECTRICITY.—The 
term ‘base amount of electricity’ means the total 
amount of electricity sold by an electric utility to 
electric consumers in a calendar year, excluding— 
‘‘(A) electricity generated by a hydro-
electric facility (including a pumped storage fa-
cility but excluding incremental hydropower); 
and 
‘‘(B) electricity generated through the in-
cineration of municipal solid waste. 
‘‘(2) DISTRIBUTED
GENERATION
FACILITY.— 
The term ‘distributed generation facility’ means a 
facility at a customer site. 
‘‘(3) EXISTING
RENEWABLE
ENERGY.—The 
term ‘existing renewable energy’ means, except as 
provided in paragraph (7)(B), electric energy gen-
erated at a facility (including a distributed genera-
tion facility) placed in service prior to the date of 
enactment of this section from solar, wind, or geo-
thermal energy; ocean energy; biomass (as defined in 
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section 203(a) of the Energy Policy Act of 2005); or 
landfill gas. 
‘‘(4) GEOTHERMAL ENERGY.—The term ‘geo-
thermal energy’ means energy derived from a geo-
thermal deposit (within the meaning of section 
613(e)(2) of the Internal Revenue Code of 1986). 
‘‘(5) INCREMENTAL
GEOTHERMAL
PRODUC-
TION.— 
‘‘(A) IN GENERAL.—The term ‘incremental 
geothermal production’ means for any year the 
excess of— 
‘‘(i) the total kilowatt hours of elec-
tricity produced from a facility (including a 
distributed generation facility) using geo-
thermal energy, over 
‘‘(ii) the average annual kilowatt 
hours produced at such facility for 5 of the 
previous 7 calendar years before the date 
of enactment of this section after elimi-
nating the highest and the lowest kilowatt 
hour production years in such 7-year pe-
riod. 
‘‘(B) SPECIAL RULE.—A facility described 
in subparagraph (A) which was placed in serv-
ice at least 7 years before the date of enactment 
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of this section shall commencing with the year 
in which such date of enactment occurs, reduce 
the amount calculated under subparagraph 
(A)(ii) each year, on a cumulative basis, by the 
average percentage decrease in the annual kilo-
watt hour production for the 7-year period de-
scribed in subparagraph (A)(ii) with such cu-
mulative sum not to exceed 30 percent. 
‘‘(6) INCREMENTAL HYDROPOWER.—The term 
‘incremental hydropower’ means additional energy 
generated as a result of efficiency improvements or 
capacity additions made on or after the date of en-
actment of this section or the effective date of an ex-
isting applicable State renewable portfolio standard 
program at a hydroelectric facility that was placed 
in service before that date. The term does not in-
clude additional energy generated as a result of 
operational changes not directly associated with effi-
ciency improvements or capacity additions. Effi-
ciency improvements and capacity additions shall be 
measured on the basis of the same water flow infor-
mation used to determine a historic average annual 
generation baseline for the hydroelectric facility and 
certified by the Secretary or the Federal Energy 
Regulatory Commission. 
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‘‘(7) NEW
RENEWABLE
ENERGY.—The term 
‘new renewable energy’ means— 
‘‘(A) electric energy generated at a facility 
(including a distributed generation facility) 
placed in service on or after January 1, 2003, 
from— 
‘‘(i) solar, wind, or geothermal energy 
or ocean energy; 
‘‘(ii) biomass (as defined in section 
203(a) of the Energy Policy Act of 2005); 
‘‘(iii) landfill gas; or 
‘‘(iv) incremental hydropower; and 
‘‘(B) for electric energy generated at a fa-
cility (including a distributed generation facil-
ity) placed in service prior to the date of enact-
ment of this section— 
‘‘(i) the additional energy above the 
average generation in the 3 years pre-
ceding the date of enactment of this sec-
tion at the facility from— 
‘‘(I) solar or wind energy or 
ocean energy; 
‘‘(II) biomass (as defined in sec-
tion 203(a) of the Energy Policy Act 
of 2005); 
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‘‘(III) landfill gas; or 
‘‘(IV) incremental hydropower. 
‘‘(ii) the incremental geothermal pro-
duction. 
‘‘(8) OCEAN ENERGY.—The term ‘ocean energy’ 
includes current, wave, tidal, and thermal energy. 
‘‘(j) SUNSET.—This section expires on December 31, 
2030.’’. 
Subtitle 
F—Marine 
and 
Hydro-
kinetic Renewable Energy Pro-
motion 
SEC. 451. SHORT TITLE. 
This subtitle may be cited as the ‘‘Marine and 
Hydrokinetic Renewable Energy Promotion Act of 2007’’. 
SEC. 452. DEFINITION. 
For purposes of this subtitle, the term ‘‘marine and 
hydrokinetic renewable energy’’ means electrical energy 
from— 
(1) waves, tides, and currents in oceans, estu-
aries, and tidal areas; 
(2) free flowing water in rivers, lakes, and 
streams; 
(3) free flowing water in man-made channels, 
including projects that utilize nonmechanical struc-
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tures to accelerate the flow of water for electric 
power production purposes; and 
(4) differentials in ocean temperature (ocean 
thermal energy conversion). 
The term shall not include energy from any source that 
utilizes a dam, diversionary structure, or impoundment for 
electric power production purposes, except as provided in 
paragraph (3). 
SEC. 453. RESEARCH AND DEVELOPMENT. 
(a) PROGRAM.—The Secretary of Energy, in con-
sultation with the Secretary of Commerce and the Sec-
retary of the Interior, shall establish a program of marine 
and hydrokinetic renewable energy research focused on— 
(1) developing and demonstrating marine and 
hydrokinetic renewable energy technologies; 
(2) reducing the manufacturing and operation 
costs of marine and hydrokinetic renewable energy 
technologies; 
(3) increasing the reliability and survivability of 
marine and hydrokinetic renewable energy facilities; 
(4) integrating marine and hydrokinetic renew-
able energy into electric grids; 
(5) identifying opportunities for cross fertiliza-
tion and development of economies of scale between 
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173 
offshore wind and marine and hydrokinetic renew-
able energy sources; 
(6) identifying, in consultation with the Sec-
retary of Commerce and the Secretary of the Inte-
rior, the environmental impacts of marine and 
hydrokinetic renewable energy technologies and ways 
to address adverse impacts, and providing public in-
formation concerning technologies and other means 
available for monitoring and determining environ-
mental impacts; and 
(7) standards development, demonstration, and 
technology transfer for advanced systems engineer-
ing and system integration methods to identify crit-
ical interfaces. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $50,000,000 for each 
of the fiscal years 2008 through 2017. 
SEC. 454. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL 
FUND. 
(a) FINDINGS.—The Congress finds that— 
(1) the use of marine and hydrokinetic renew-
able energy technologies can avoid contributions to 
global warming gases, and such technologies can be 
produced domestically; 
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(2) marine and hydrokinetic renewable energy 
is a nascent industry; and 
(3) the United States must work to promote 
new renewable energy technologies that reduce con-
tributions to global warming gases and improve our 
country’s domestic energy production in a manner 
that is consistent with environmental protection, 
recreation, and other public values. 
(b) ESTABLISHMENT.—The Secretary of Energy 
shall establish an Adaptive Management and Environ-
mental Fund, and shall lend amounts from that fund to 
entities described in subsection (f) to cover the costs of 
projects that produce marine and hydrokinetic renewable 
energy. Such costs include design, fabrication, deploy-
ment, operation, monitoring, and decommissioning costs. 
Loans under this section may be subordinate to project- 
related loans provided by commercial lending institutions 
to the extent the Secretary of Energy considers appro-
priate. 
(c) REASONABLE ACCESS.—As a condition of receiv-
ing a loan under this section, a recipient shall provide rea-
sonable access, to Federal or State agencies and other re-
search institutions as the Secretary considers appropriate, 
to the project area and facilities for the purposes of inde-
pendent environmental research. 
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(d) PUBLIC AVAILABILITY.—The results of any as-
sessment or demonstration paid for, in whole or in part, 
with funds provided under this section shall be made avail-
able to the public, except to the extent that they contain 
information that is protected from disclosure under sec-
tion 552(b) of title 5, United States Code. 
(e) REPAYMENT OF LOANS.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall require a recipient of a loan under this section 
to repay the loan, plus interest at a rate of 2.1 per-
cent per year, over a period not to exceed 20 years, 
beginning after the commercial generation of electric 
power from the project commences. Such repayment 
shall be required at a rate that takes into account 
the economic viability of the loan recipient and en-
sures regular and timely repayment of the loan. 
(2) BEGINNING OF REPAYMENT REQUIRED.— 
No repayments shall be required under this sub-
section until after the project generates net pro-
ceeds. For purposes of this paragraph, the term ‘‘net 
proceeds’’ means proceeds from the commercial sale 
of electricity after payment of project-related costs, 
including taxes and regulatory fees that have not 
been paid using funds from a loan provided for the 
project under this section. 
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(3) TERMINATION.—Repayment of a loan made 
under this section shall terminate as of the date that 
the project for which the loan was provided ceases 
commercial generation of electricity if a govern-
mental permitting authority has ordered the closure 
of the facility because of a finding that the project 
has unacceptable adverse environmental impacts, ex-
cept that the Secretary shall require a loan recipient 
to continue making loan repayments for the cost of 
equipment, obtained using funds from the loan that 
have not otherwise been repaid under rules estab-
lished by the Secretary, that is utilized in a subse-
quent project for the commercial generation of elec-
tricity. 
(f) ADAPTIVE MANAGEMENT PLAN.—In order to re-
ceive a loan under this section, an applicant for a Federal 
license or permit to construct, operate, or maintain a ma-
rine or hydrokinetic renewable energy project shall provide 
to the Federal agency with primary jurisdiction to issue 
such license or permit an adaptive management plan for 
the proposed project. Such plan shall— 
(1) be prepared in consultation with other par-
ties to the permitting or licensing proceeding, includ-
ing all Federal, State, municipal, and tribal agencies 
with authority under applicable Federal law to re-
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177 
quire or recommend design or operating conditions, 
for protection, mitigation, and enhancement of fish 
and wildlife resources, water quality, navigation, 
public safety, land reservations, or recreation, for in-
corporation into the permit or license; 
(2) set forth specific and measurable objectives 
for the protection, mitigation, and enhancement of 
fish and wildlife resources, water quality, navigation, 
public safety, land reservations, or recreation, as re-
quired or recommended by governmental agencies 
described in paragraph (1), and shall require moni-
toring to ensure that these objectives are met; 
(3) provide specifically for the modification or, 
if necessary, removal of the marine or hydrokinetic 
renewable energy project based on findings by the li-
censing or permitting agency that the marine or 
hydrokinetic renewable energy project has not at-
tained or will not attain the specific and measurable 
objectives set forth in paragraph (2); and 
(4) be approved and incorporated in the Fed-
eral license or permit. 
(g) SUNSET.—The Secretary of Energy shall trans-
mit a report to the Congress when the Secretary of Energy 
determines that the technologies supported under this sub-
title have achieved a level of maturity sufficient to enable 
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the expiration of the programs under this subtitle. The 
Secretary of Energy shall not make any new loans under 
this section after the report is transmitted under this sub-
section. 
SEC. 
455. 
PROGRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENT. 
The Secretary of Commerce and the Secretary of the 
Interior shall, in cooperation with the Federal Energy 
Regulatory Commission and the Secretary of Energy, and 
in consultation with appropriate State agencies, jointly 
prepare programmatic environmental impact statements 
which contain all the elements of an environmental impact 
statement under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332), regarding 
the impacts of the deployment of marine and hydrokinetic 
renewable energy technologies in the navigable waters of 
the United States. One programmatic environmental im-
pact statement shall be prepared under this section for 
each of the Environmental Protection Agency regions of 
the United States. The agencies shall issue the pro-
grammatic environmental impact statements under this 
section not later than 18 months after the date of enact-
ment of this Act. The programmatic environmental impact 
statements shall evaluate among other things the potential 
impacts of site selection on fish and wildlife and related 
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habitat. Nothing in this section shall operate to delay con-
sideration of any application for a license or permit for 
a marine and hydrokinetic renewable energy technology 
project. 
Subtitle G—Carbon Capture and 
Sequestration 
SEC. 461. CARBON CAPTURE AND STORAGE RESEARCH, DE-
VELOPMENT, 
AND 
DEMONSTRATION 
PRO-
GRAM. 
(a) AMENDMENTS.—Section 963 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16293) is amended— 
(1) in the section heading, by striking ‘‘RE-
SEARCH
AND
DEVELOPMENT’’ and inserting 
‘‘AND
STORAGE
RESEARCH, 
DEVELOPMENT, 
AND DEMONSTRATION’’; 
(2) in subsection (a)— 
(A) by striking ‘‘research and develop-
ment’’ and inserting ‘‘and storage research, de-
velopment, and demonstration’’; and 
(B) by striking ‘‘capture technologies on 
combustion-based systems’’ and inserting ‘‘cap-
ture and storage technologies related to energy 
systems’’; 
(3) in subsection (b)— 
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(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) to expedite and carry out large-scale test-
ing of carbon sequestration systems in a range of ge-
ological formations that will provide information on 
the cost and feasibility of deployment of sequestra-
tion technologies.’’; and 
(4) by striking subsection (c) and inserting the 
following: 
‘‘(c) PROGRAMMATIC ACTIVITIES.— 
‘‘(1) ENERGY
RESEARCH
AND
DEVELOPMENT 
UNDERLYING
CARBON
CAPTURE
AND
STORAGE 
TECHNOLOGIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out fundamental science and engineering 
research 
(including 
laboratory-scale 
experi-
ments, numeric modeling, and simulations) to 
develop and document the performance of new 
approaches to capture and store carbon dioxide. 
‘‘(B) PROGRAM INTEGRATION.—The Sec-
retary shall ensure that fundamental research 
carried out under this paragraph is appro-
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priately applied to energy technology develop-
ment activities and the field testing of carbon 
sequestration activities, including— 
‘‘(i) development of new or improved 
technologies for the capture of carbon diox-
ide; 
‘‘(ii) modeling and simulation of geo-
logical sequestration field demonstrations; 
and 
‘‘(iii) quantitative assessment of risks 
relating to specific field sites for testing of 
sequestration technologies. 
‘‘(2) FIELD
VALIDATION
TESTING
ACTIVI-
TIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
promote, to the maximum extent practicable, 
regional carbon sequestration partnerships to 
conduct geologic sequestration tests involving 
carbon dioxide injection and monitoring, mitiga-
tion, and verification operations in a variety of 
candidate geological settings, including— 
‘‘(i) operating oil and gas fields; 
‘‘(ii) depleted oil and gas fields; 
‘‘(iii) unmineable coal seams; 
‘‘(iv) saline formations; and 
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‘‘(v) deep geologic systems that may 
be used as engineered reservoirs to extract 
economical quantities of heat from geo-
thermal resources of low permeability or 
porosity. 
‘‘(B) OBJECTIVES.—The objectives of tests 
conducted under this paragraph shall be— 
‘‘(i) to develop and validate geo-
physical tools, analysis, and modeling to 
monitor, predict, and verify carbon dioxide 
containment; 
‘‘(ii) to validate modeling of geological 
formations; 
‘‘(iii) to refine storage capacity esti-
mated for particular geological formations; 
‘‘(iv) to determine the fate of carbon 
dioxide concurrent with and following in-
jection into geological formations; 
‘‘(v) to develop and implement best 
practices for operations relating to, and 
monitoring of, injection and storage of car-
bon dioxide in geologic formations; 
‘‘(vi) to assess and ensure the safety 
of operations related to geological storage 
of carbon dioxide; and 
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‘‘(vii) to allow the Secretary to pro-
mulgate policies, procedures, requirements, 
and guidance to ensure that the objectives 
of this subparagraph are met in large-scale 
testing and deployment activities for car-
bon capture and storage that are funded 
by the Department of Energy. 
‘‘(3) LARGE-SCALE
TESTING
AND
DEPLOY-
MENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct not less than 7 initial large-volume se-
questration tests for geological containment of 
carbon dioxide (at least 1 of which shall be 
international in scope) to validate information 
on the cost and feasibility of commercial deploy-
ment of technologies for geological containment 
of carbon dioxide. 
‘‘(B) DIVERSITY OF FORMATIONS TO BE 
STUDIED.—In selecting formations for study 
under this paragraph, the Secretary shall con-
sider a variety of geological formations across 
the United States, and require characterization 
and modeling of candidate formations, as deter-
mined by the Secretary. 
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‘‘(4) PREFERENCE
IN
PROJECT
SELECTION 
FROM MERITORIOUS PROPOSALS.—In making com-
petitive awards under this subsection, subject to the 
requirements of section 989, the Secretary shall give 
preference to proposals from partnerships among in-
dustrial, academic, and government entities. 
‘‘(5) COST SHARING.—Activities under this sub-
section shall be considered research and development 
activities that are subject to the cost-sharing re-
quirements of section 988(b). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) $90,000,000 for fiscal year 2008; 
‘‘(2) $105,000,000 for fiscal year 2009; and 
‘‘(3) $120,000,000 for fiscal year 2010.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The item 
relating to section 963 in the table of contents for the En-
ergy Policy Act of 2005 is amended to read as follows: 
‘‘Sec. 963. Carbon capture and storage research, development, and demonstra-
tion program.’’. 
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185 
TITLE V—GREEN WORKFORCE 
Subtitle A—Small Manufacturer 
Assistance 
SEC. 501. SMALL MANUFACTURER ASSISTANCE THROUGH 
HOLLINGS 
MANUFACTURING 
EXTENSION 
PARTNERSHIP PROGRAM. 
(a) IN GENERAL.—Subsection (b) of section 25 of the 
National Institute of Standards and Technology Act (15 
U.S.C. 278k(b)) is amended by striking ‘‘and’’ at the end 
of paragraph (2), by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’, and by adding at the 
end the following new paragraph: 
‘‘(4) information sharing and planning assist-
ance for small manufacturing firms in identifying 
and implementing new green manufacturing tech-
nologies.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for the assistance de-
scribed in paragraph (4) of section 25 of such Act 
$50,000,000 for fiscal year 2009 and for each fiscal year 
thereafter. 
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Subtitle B—Green Workforce 
Education Incentives 
SEC. 511. NATIONAL GREEN CERTIFICATION STANDARDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act and every 3 years there-
after, the Environmental Protection Agency, the Institute 
of Environmental Health Sciences, National Science 
Foundation, and National Oceanic and Atmospheric Ad-
ministration, in consultation with the Department of 
Labor and Education, (hereinafter in this subtitle collec-
tively referred to as the ‘‘Green Certification Standards 
Board’’) shall establish the green workforce standards de-
scribed in subsection (b). 
(b) GREEN WORKFORCE STANDARDS.—The green 
workforce standards described in this subsection are 
standards— 
(1) for successfully training individuals in ad-
vanced vehicle manufacturing, alternative fuel vehi-
cle repair and maintenence, energy technology prod-
uct development and deployment, and green building 
design and construction, and 
(2) designed to be applied in determining— 
(A) eligibility for grants under sections 
512, 513, 514, and 515, and 
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(B) whether requirements for instruction 
in green workforce skills are met for purposes 
of determining eligibility for loan forgiveness 
under section 428L of the Higher Education 
Act of 1965. 
SEC. 
512. 
ENVIRONMENTALLY 
LITERATE 
WORKFORCE 
GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Education may 
make grants, in consultation with the Green Certification 
Standards Board, to institutions of higher education to 
use for any of the following purposes: 
(1) Reducing or eliminating dependency on 
combustion engines in the operation of the institu-
tion. 
(2) Establishing environmental and green en-
ergy literacy instruction as a requirement for an un-
dergraduate degree. 
(3) Integrating environmental awareness and 
sustainability curriculum in programs of instruction, 
particularly in business, engineering, architecture, 
technology, manufacturing programs. 
(4) Conducting professional development pro-
grams for faculty in all disciplines to enable faculty 
to incorporate environmental and sustainability con-
tent in their courses. 
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Fmt 6652
Sfmt 6201
E:\BILLS\H2809.IH
H2809
rwilkins on PROD1PC63 with BILLS