645 
tablished in the retail sales or transportation rates 
offered by the utility. 
‘‘(B) No utility shall be required to purchase or 
transport an amount of net excess power under this 
section that exceeds the available capacity of the 
wires, meter, or other equipment of the electric util-
ity serving the site unless the owner or operator of 
the project agrees to pay necessary and reasonable 
upgrade costs. 
‘‘(e) PROCEDURAL REQUIREMENTS FOR CONSIDER-
ATION AND DETERMINATION.—(1) The consideration re-
ferred to in subsection (b) shall be made after public no-
tice and hearing. The determination referred to in sub-
section (b) shall be— 
‘‘(A) in writing, 
‘‘(B) based upon findings included in such de-
termination and upon the evidence presented at the 
hearing, and 
‘‘(C) available to the public. 
‘‘(2) The Administrator may intervene as a matter 
of right in a proceeding conducted under this section and 
may calculate the energy and emissions likely to be saved 
by electing to adopt one or more of the options, as well 
as the costs and benefits to ratepayers and the utility and 
to advocate for the waste-energy recovery opportunity. 
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‘‘(3) Except as otherwise provided in paragraph (1), 
and paragraph (2), the procedures for the consideration 
and determination referred to in subsection (a) shall be 
those established by the State regulatory authority or the 
nonregulated electric utility. In the instance that there is 
more than one project seeking such consideration simulta-
neously in connection with the same utility, such pro-
ceeding may encompass all such projects, provided that 
full attention is paid to their individual circumstances and 
merits, and an individual judgment is reached with respect 
to each project. 
‘‘(f) IMPLEMENTATION.—(1) The State regulatory 
authority (with respect to each electric utility for which 
it has ratemaking authority) or nonregulated electric util-
ity may, to the extent consistent with otherwise applicable 
State law— 
‘‘(A) implement the standard determined under 
this section, or 
‘‘(B) decline to implement any such standard. 
‘‘(2) If a State regulatory authority (with respect to 
each electric utility for which it has ratemaking authority) 
or nonregulated electric utility declines to implement any 
standard established by this section, such authority or 
nonregulated electric utility shall state in writing the rea-
sons therefor. Such statement of reasons shall be available 
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to the public, and the Administrator shall include the 
project in an annual report to Congress concerning lost 
opportunities for waste-heat recovery, specifically identi-
fying the utility and stating the amount of lost energy and 
emissions savings calculated. If a State regulatory author-
ity (with respect to each electric utility for which it has 
ratemaking authority) or nonregulated electric utility de-
clines to implement the standard established by this sec-
tion, the project sponsor may submit a new petition under 
this section with respect to such project at any time after 
24 months after the date on which the State regulatory 
authority or nonregulated utility has declined to imple-
ment such standard. 
‘‘SEC. 376. CLEAN ENERGY APPLICATION CENTERS. 
‘‘(a) PURPOSE.—The purpose of this section is to re-
name and provide for the continued operation of the 
United States Department of Energy’s Regional Com-
bined Heat and Power (CHP) Application Centers. 
‘‘(b) FINDINGS.—The Congress finds the Depart-
ment of Energy’s Regional Combined Heat and Power 
(CHP) Application Centers program has produced signifi-
cant energy savings and climate change benefits and will 
continue to do so through the deployment of clean energy 
technologies such as Combined Heat and Power (CHP), 
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recycled waste energy and biomass energy systems, in the 
industrial and commercial energy markets. 
‘‘(c) RENAMING.—The Combined Heat and Power 
Application Centers at the Department of Energy are 
hereby be redesignated as Clean Energy Application Cen-
ters. Any reference in any law, rule or regulation or publi-
cation to the Combined Heat and Power Application Cen-
ters shall be treated as a reference to the Clean Energy 
Application Centers. 
‘‘(d) RELOCATION.—In order to better coordinate ef-
forts with the separate Industrial Assessment Centers and 
to assure that the energy efficiency and, when applicable, 
the renewable nature of deploying mature clean energy 
technology is fully accounted for, the Secretary of Energy 
shall relocate the administration of the Clean Energy Ap-
plication Centers to the Office of Energy Efficiency and 
Renewable Energy within the Department of Energy. The 
Office of Electricity Delivery and Energy Reliability shall 
continue to perform work on the role of such technology 
in support of the grid and its reliability and security, and 
shall assist the Clean Energy Application Centers in their 
work with regard to the grid and with electric utilities. 
‘‘(e) GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary of Energy 
shall make grants to universities, research centers, 
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and other appropriate institutions to assure the con-
tinued operations and effectiveness of 8 Regional 
Clean Energy Application Centers in each of the fol-
lowing regions (as designated for such purposes as 
of the date of the enactment of this section): 
‘‘(A) Gulf Coast. 
‘‘(B) Intermountain. 
‘‘(C) Mid-Atlantic. 
‘‘(D) Midwest. 
‘‘(E) Northeast. 
‘‘(F) Northwest. 
‘‘(G) Pacific. 
‘‘(H) Southeast. 
‘‘(2) ESTABLISHMENT OF GOALS AND COMPLI-
ANCE.—In making grants under this section, the 
Secretary shall ensure that sufficient goals are es-
tablished and met by each Center throughout the 
program duration concerning outreach and tech-
nology deployment. 
‘‘(f) ACTIVITIES.—Each Clean Energy Application 
Center shall operate a program to encourage deployment 
of clean energy technologies through education and out-
reach to building and industrial professionals, and to other 
individuals and organizations with an interest in efficient 
energy use. In addition, the Centers shall provide project 
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specific support to building and industrial professionals 
through assessments and advisory activities. Funds made 
available under this section may be used for the following 
activities: 
‘‘(1) Developing and distributing informational 
materials on clean energy technologies, including 
continuation of the eight existing Web sites. 
‘‘(2) Developing and conducting target market 
workshops, seminars, internet programs and other 
activities to educate end users, regulators, and 
stakeholders in a manner that leads to the deploy-
ment of clean energy technologies. 
‘‘(3) Providing or coordinating onsite assess-
ments for sites and enterprises that may consider 
deployment of clean energy technology. 
‘‘(4) Performing market research to identify 
high profile candidates for clean energy deployment. 
‘‘(5) Providing consulting support to sites con-
sidering deployment of clean energy technologies. 
‘‘(6) Assisting organizations developing clean 
energy technologies to overcome barriers to deploy-
ment. 
‘‘(7) Assisting companies and organizations 
with performance evaluations of any clean energy 
technology implemented. 
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‘‘(g) DURATION.—A grant awarded under this sec-
tion shall be for a period of 5 years. each grant shall be 
evaluated annually for its continuation based on its activi-
ties and results. 
‘‘(h) AUTHORIZATION.—There is authorized to be ap-
propriated for purposes of this section the sum of 
$10,000,000 for each of fiscal years 2008, 2009, 2010, 
2011, and 2012.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by inserting the following after the 
items relating to part D of title III: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘Sec. 371. Survey of waste industrial energy recovery and potential use. 
‘‘Sec. 372. Definitions. 
‘‘Sec. 373. Survey and registry. 
‘‘Sec. 374. Waste Energy Recovery Incentive Grant Program. 
‘‘Sec. 375. Additional incentives for recovery, utilization and prevention of in-
dustrial waste energy. 
‘‘Sec. 376. Clean Energy Application Centers.’’. 
PART 6—ENERGY EFFICIENCY OF PUBLIC 
INSTITUTIONS 
SEC. 9071. SHORT TITLE. 
This part may be cited as the ‘‘Sustainable Energy 
Institutional Infrastructure Act of 2007’’. 
SEC. 9072. FINDINGS. 
The Congress finds the following: 
(1) Many institutional entities own and operate, 
or are served by, district energy systems. 
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(2) A variety of renewable energy resources 
could be tapped by governmental and institutional 
energy systems to meet energy requirements. 
(3) Use of these renewable energy resources to 
meet energy requirements will reduce reliance on 
fossil fuels and the associated emissions of air pollu-
tion and carbon dioxide. 
(4) CHP is a highly efficient and environ-
mentally beneficial means to generate electric energy 
and heat, and offers total efficiency much greater 
than conventional separate systems, where electric 
energy is generated at and transmitted long dis-
tances from a centrally located generation facility, 
and onsite heating and cooling equipment is used to 
meet nonelectric energy requirements. 
(5) Heat recovered in a CHP generation system 
can be used for space heating, domestic hot water, 
or process steam requirements, or can be converted 
to cooling energy to meet air conditioning require-
ments. 
(6) The increased efficiency of CHP results in 
reduction in emissions of air pollution and carbon di-
oxide. 
(7) District energy systems represent a key op-
portunity for expanding implementation of CHP be-
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