‘‘(2) Not later than July 1 of the calendar years 
2007, 2009. 2011, 2013, and 2015, each retail electricity 
and natural gas supplier shall submit the compliance re-
port required under subsection (b) to: 
‘‘(A) the appropriate State regulatory authority, 
if such authority has notified the Secretary under 
subsection (d), or 
‘‘(B) the Secretary to determine and enforce 
compliance with the standards. 
‘‘(3) In the case of any retail electricity or natural 
gas supplier for which the Secretary is enforcing compli-
ance with the standards under this section, if such sup-
plier fails to comply with such standards for two consecu-
tive calendar years, the Secretary shall determine the 
number of kilowatt hours of electricity savings, or therms 
of natural gas savings, by which the supplier has fallen 
short of the standards, and, by order, require such sup-
plier, after notice and opportunity for hearing, to deposit 
in an escrow account to be designated by the Secretary 
an amount equal to 3.5 cents per kilowatt hour for each 
such kilowatt hour, and 35 cents per therm for each such 
therm. The holder of such escrow account shall annually 
distribute the total amount of such account to the States 
to be used by the States for the purpose of achieving cus-
tomer electricity and natural gas savings. Any retail elec-
tricity or natural gas supplier required to make such a 
payment may, within 60 calendar days after the issuance 
of such order, bring an action in the United States Court 
of Appeals for the District of Columbia for judicial review 
of such order. Such court shall have jurisdiction to enter 
a judgment affirming, modifying, or setting aside such 
order or remanding such order in whole or in part to the 
Secretary. 
‘‘(e) INFORMATION
COLLECTION.—The Secretary 
may collect the information necessary to verify and 
audit— 
‘‘(1) the annual electric energy sales, natural 
gas sales, electricity savings, and natural gas savings 
of any entity applying for electricity or natural gas 
savings credits under this section, 
‘‘(2) the validity of electricity or natural gas 
savings credits submitted by a retail electricity or 
natural gas supplier to the Secretary, and 
‘‘(3) the quantity of electricity and natural gas 
sales of all retail electricity and natural gas sup-
pliers. 
‘‘(f) STATE LAW.—Nothing in this section shall su-
persede or otherwise affect any State or local law requiring 
or otherwise relating to reductions in total annual elec-
tricity or natural gas energy consumption by or peak
power consumption by electric consumers to the extent 
that such State or local law requires more stringent reduc-
tions than those required under this section. Any retail 
electricity or natural gas supplier that achieves reductions 
referred to in this section in accordance with State re-
quirements shall be entitled to full credit under this sec-
tion for such reductions to the extent that such reductions 
meet the requirements of this section and the regulations 
under this section (including verification and monitoring 
requirements). 
‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘retail electricity or natural sup-
plier’ means a person that sells electric energy or 
natural gas to consumers and sold not less than 
1,000,000 megawatt-hours of electric energy or 
20,000,000 therms of natural gas to consumers for 
purposes other than resale during the preceding cal-
endar year; except that such term does not include 
the United States, a State or any political subdivi-
sion of a State, or any agency, authority, or instru-
mentality of any one or more of the foregoing, or a 
rural electric cooperative. 
‘‘(2) The term ‘retail electricity or natural gas 
supplier’s base amount’ means the total amount of 
electric energy or natural gas sold by the retail elec-
tricity or natural gas supplier to customers during 
the most recent calendar year for which information 
is available. 
‘‘(3) The term ‘electricity savings’ means reduc-
tions in end-use electricity consumption in customer 
facilities relative to consumption at those same fa-
cilities in a base year as defined in rules issued by 
the Secretary, or in the case of new facilities, rel-
ative to reference facilities defined in rules issued by 
the Secretary, or distributed generation efficiency 
measures, including fuel cells and combined heat 
and power (CHP) technologies, that provide elec-
tricity only for onsite customer use. 
‘‘(4) The term ‘natural gas savings’ means re-
ductions in end-use natural gas consumption in cus-
tomer facilities relative to consumption at those 
same facilities in a base year as defined in rules 
issued by the Secretary, or in the case of new facili-
ties, relative to reference facilities defined in rules 
issued by the Secretary.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
title VII of the Public Utility Regulatory Policies Act of 
1978 is amended by adding the following new item at the 
end thereof: 
‘‘Sec. 610. Efficiency resource standard for retail electricity and natural gas 
suppliers.’’.
SEC. 205. FEDERAL RENEWABLE PORTFOLIO STANDARD. 
(a) IN GENERAL.—Title VI of the Public Utility Reg-
ulatory Policies Act of 1978 is amended by adding at the 
end the following: 
‘‘SEC. 611. FEDERAL RENEWABLE PORTFOLIO STANDARD. 
‘‘(a) MINIMUM RENEWABLE GENERATION REQUIRE-
MENT.—For each calendar year beginning in calendar 
year 2007, each retail electric supplier shall submit to the 
Secretary, not later than April 1 of the following calendar 
year, renewable energy credits in an amount equal to the 
required annual percentage specified in subsection (b). 
‘‘(b) REQUIRED ANNUAL PERCENTAGE.—For cal-
endar years 2007 through 2025, the required annual per-
centage of the retail electric supplier’s base amount that 
shall be generated from renewable energy resources, or 
otherwise credited towards such percentage requirement 
pursuant to subsection (c), shall be the percentage speci-
fied in the following table: 
Required annual 
‘‘Calendar Years 
percentage 
2007 through 2008 ..............................................................
2009 through 2010 ..............................................................
2.2
2010 through 2011 ..............................................................
3.4
2012 through 2013 ..............................................................
4.6
2014 through 2015 ..............................................................
5.8
2016 through 2017 ..............................................................
7.0
2018 through 2019 ..............................................................
8.5
2020 through 2021 ..............................................................
10.0
2022 through 2023 ..............................................................
12.0
2024 through 2025 ..............................................................
14.0
2026 through 2027 ..............................................................
16.0
2028 through 2029 ..............................................................
18.0
2030 through 2031 ..............................................................
20.0.
‘‘(c) SUBMISSION OF CREDITS.—(1) A retail electric 
supplier may satisfy the requirements of subsection (a) 
through the submission of renewable energy credits— 
‘‘(A) issued to the retail electric supplier under 
subsection (d); 
‘‘(B) obtained by purchase or exchange under 
subsection (e); or 
‘‘(C) borrowed under subsection (f). 
‘‘(2) A renewable energy credit may be counted to-
ward compliance with subsection (a) only once. 
‘‘(d) ISSUANCE
OF CREDITS.—(1) The Secretary 
shall establish by rule, not later than 1 year after the date 
of enactment of this section, a program to issue and mon-
itor the sale or exchange of, and track, renewable energy 
credits. 
‘‘(2) Under the program established by the Secretary, 
an entity that generates electric energy through the use 
of a renewable energy resource may apply to the Secretary 
for the issuance of renewable energy credits. The applica-
tion shall indicate— 
‘‘(A) the type of renewable energy resource used 
to produce the electricity; 
‘‘(B) the location where the electric energy was 
produced; and
‘‘(C) any other information the Secretary deter-
mines appropriate. 
‘‘(3)(A) Except as provided in subparagraphs (B), 
(C), and (D), the Secretary shall issue to each entity that 
generates electric energy one renewable energy credit for 
each kilowatt hour of electric energy the entity generates 
from the date of enactment of this section and in each 
subsequent calendar year through the use of a renewable 
energy resource at an eligible facility. 
‘‘(B) For incremental hydropower the renewable en-
ergy credits shall be calculated based on the expected in-
crease in average annual generation resulting from the ef-
ficiency improvements or capacity additions. The number 
of credits shall be calculated using the same water flow 
information used to determine a historic average annual 
generation baseline for the hydroelectric facility and cer-
tified by the Secretary or the Federal Energy Regulatory 
Commission. The calculation of the renewable energy cred-
its for incremental hydropower shall not be based on any 
operational changes at the hydroelectric facility not di-
rectly associated with the efficiency improvements or ca-
pacity additions. 
‘‘(C) The Secretary shall issue two renewable energy 
credits for each kilowatt hour of electric energy generated 
and supplied to the grid in that calendar year through the
use of a renewable energy resource at an eligible facility 
located on Indian land. For purposes of this paragraph, 
renewable energy generated by biomass cofired with other 
fuels is eligible for two credits only if the biomass was 
grown on such land. 
‘‘(D) For electric energy resources produced from a 
generation offset, the Secretary shall issue two renewable 
energy credits for each kilowatt hour generated. 
‘‘(F) To be eligible for a renewable energy credit, the 
unit of electric energy generated through the use of a re-
newable energy resource may be sold or may be used by 
the generator. If both a renewable energy resource and 
a non-renewable energy resource are used to generate the 
electric energy, the Secretary shall issue renewable energy 
credits based on the proportion of the renewable energy 
resources used. The Secretary shall identify renewable en-
ergy credits by type and date of generation. 
‘‘(4) When a generator sells electric energy generated 
through the use of a renewable energy resource to a retail 
electric supplier under a contract subject to section 210 
of this Act, the retail electric supplier is treated as the 
generator of the electric energy for the purposes of this 
section or the duration of the contract. 
‘‘(5) The Secretary shall issue renewable energy cred-
its for existing facility offsets to be applied against a retail
electric supplier’s required annual percentage. Such cred-
its are not tradeable and may be used only in the calendar 
year generation actually occurs. 
‘‘(e) CREDIT TRADING.—A renewable energy credit, 
may be sold or exchanged by the entity to whom issued 
or by any other entity who acquires the renewable energy 
credit. A renewable energy credit for any year that is not 
used to satisfy the minimum renewable generation require-
ment of subsection (a) for that year may be carried for-
ward for use within the next 4 years. 
‘‘(f) CREDIT BORROWING.—At any time before the 
end of calendar year 2006, a retail electric supplier that 
has reason to believe it will not have sufficient renewable 
energy credits to comply with subsection (a) may— 
‘‘(1) submit a plan to the Secretary dem-
onstrating that the retail electric supplier will earn 
sufficient credits within the next 3 calendar years 
which, when taken into account, will enable the re-
tail electric supplier to meet the requirements of 
subsection (a) for calendar year 2007 and the subse-
quent calendar years involved; and 
‘‘(2) upon the approval of the plan by the Sec-
retary, apply renewable energy credits that the plan 
demonstrates will be earned within the next 3 cal-
endar years to meet the requirements of subsection 
(a) for each calendar year involved. 
The retail electric supplier must repay all of the borrowed 
renewable energy credits by submitting an equivalent 
number of renewable energy credits, in addition to those 
otherwise required under subsection (a), by calendar year 
2008 or any earlier deadlines specified in the approved 
plan. Failure to repay the borrowed renewable energy 
credits shall subject the retail electric supplier to civil pen-
alties under subsection (h) for violation of the require-
ments of subsection (a) for each calendar year involved. 
‘‘(g) CREDIT COST CAP.—The Secretary shall offer 
renewable energy credits for sale at the lesser of 3 cents 
per kilowatt-hour or 200 percent of the average market 
value of renewable credits for the applicable compliance 
period. On January 1 of each year following calendar year 
2006, the Secretary shall adjust for inflation the price 
charged per credit for such calendar year, based on the 
Gross Domestic Product Implicit Price Deflator. 
‘‘(h) ENFORCEMENT.—The Secretary may bring an 
action in the appropriate United States district court to 
impose a civil penalty on a retail electric supplier that does 
not comply with subsection (a), unless the retail electric 
supplier was unable to comply with subsection (a) for rea-
sons outside of the supplier’s reasonable control (including
weather-related damage, mechanical failure, lack of trans-
mission capacity or availability, strikes, lockouts, actions 
of a governmental authority). A retail electric supplier who 
does not submit the required number of renewable energy 
credits under subsection (a) shall be subject to a civil pen-
alty of not more than the greater of 3 cents or 200 percent 
of the average market value of credits for the compliance 
period for each renewable energy credit not submitted.. 
‘‘(i) INFORMATION
COLLECTION.—The Secretary 
may collect the information necessary to verify and 
audit— 
‘‘(1) the annual electric energy generation and 
renewable energy generation of any entity applying 
for renewable energy credits under this section; 
‘‘(2) the validity of renewable energy credits 
submitted by a retail electric supplier to the Sec-
retary; and 
‘‘(3) the quantity of electricity sales of all retail 
electric suppliers. 
‘‘(j) ENVIRONMENTAL
SAVINGS
CLAUSE.—Incre-
mental hydropower shall be subject to all applicable envi-
ronmental laws and licensing and regulatory requirements. 
‘‘(k) EXISTING PROGRAMS.—This section does not 
preclude a State from imposing additional renewable en-
ergy requirements in that State, including specifying eligi-
ble technologies under such State requirements. 
‘‘(l) DEFINITIONS.—For purposes of this section: 
‘‘(1) BIOMASS.—The term ‘biomass’ means any 
organic material that is available on a renewable or 
recurring basis, including dedicated energy crops, 
trees grown for energy production, wood waste and 
wood residues, plants (including aquatic plants, 
grasses, and agricultural crops), residues, fibers, 
animal wastes and other organic waste materials 
(but not including unsegregated municipal solid 
waste (garbage)), and fats and oils, except that with 
respect to material removed from National Forest 
System lands the term includes only organic mate-
rial from— 
‘‘(A) thinnings from trees that are less 
than 12 inches in diameter; 
‘‘(B) slash; 
‘‘(C) brush; and 
‘‘(D) mill residues. 
‘‘(2) ELIGIBLE
FACILITY.—The term ‘eligible 
facility’ means— 
‘‘(A) a facility for the generation of electric 
energy from a renewable energy resource that is
placed in service on or after the date of enact-
ment of this section; or 
‘‘(B) a repowering or cofiring increment 
that is placed in service on or after the date of 
enactment of this section at a facility for the 
generation of electric energy from a renewable 
energy resource that was placed in service be-
fore that date. 
‘‘(3) 
ELIGIBLE
RENEWABLE
ENERGY
RE-
SOURCE.—The term ‘renewable energy resource’ 
means solar, wind, ocean, or geothermal energy, bio-
mass (excluding solid waste and paper that is com-
monly recycled), landfill gas, a generation offset, or 
incremental hydropower. 
‘‘(4) GENERATION OFFSET.—The term ‘genera-
tion offset’ means reduced electricity usage metered 
at a site where a customer consumes energy from a 
renewable energy technology. 
‘‘(5) EXISTING FACILITY OFFSET.—The term 
‘existing facility offset’ means renewable energy gen-
erated from an existing facility, not classified as an 
eligible facility, that is owned or under contract, di-
rectly or indirectly, to a retail electric supplier on 
the date of enactment of this section.
‘‘(6) INCREMENTAL HYDROPOWER.—The term 
‘incremental hydropower’ means additional genera-
tion that is achieved from increased efficiency or ad-
ditions of capacity on or after the date of enactment 
of this section or the effective date of the applicable 
State renewable portfolio standard program, at a hy-
droelectric facility that was placed in service before 
that date. 
‘‘(7) INDIAN
LAND.—The term ‘Indian land’ 
means— 
‘‘(A) any land within the limits of any In-
dian reservation, pueblo, or rancheria; 
‘‘(B) any land not within the limits of any 
Indian reservation, pueblo, or rancheria title to 
which was on the date of enactment of this 
paragraph either held by the United States for 
the benefit of any Indian tribe or individual or 
held by any Indian tribe or individual subject to 
restriction by the United States against alien-
ation; 
‘‘(C) any dependent Indian community; 
and 
‘‘(D) any land conveyed to any Alaska Na-
tive corporation under the Alaska Native 
Claims Settlement Act.
‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaskan 
Native village or regional or village corporation as 
defined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.), 
which is recognized as eligible for the special pro-
grams and services provided by the United States to 
Indians because of their status as Indians. 
‘‘(9) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electric energy generated by a re-
newable energy resource. 
‘‘(10) RENEWABLE
ENERGY
RESOURCE.—The 
term ‘renewable energy resource’ means solar, wind, 
ocean, geothermal energy, biomass (not inlcuding 
municipal solid wate), landfill gas, a generation off-
set, or incremental hydropower. 
‘‘(11) 
REPOWERING
OR
COFIRING
INCRE-
MENT.—The term ‘repowering or cofiring increment’ 
means— 
‘‘(A) the additional generation from a 
modification that is placed in service on or after 
the date of enactment of this section to expand 
electricity production at a facility used to gen-
erate electric energy from a renewable energy
resource or to cofire biomass that was placed in 
service before the date of enactment of this sec-
tion, or 
‘‘(B) the additional generation above the 
average generation in the 3 years preceding the 
date of enactment of this section to expand 
electricity production at a facility used to gen-
erate electric energy from a renewable energy 
resource or to cofire biomass that was placed in 
service before the date of enactment of this sec-
tion. 
‘‘(12) RETAIL ELECTRIC SUPPLIER.—The term 
‘retail electric supplier’ means a person that sells 
electric energy to electric consumers and sold not 
less than 1,000,000 megawatt-hours of electric en-
ergy to electric consumers for purposes other than 
resale during the preceding calendar year; except 
that such term does not include the United States, 
a State or any political subdivision of a State, or any 
agency, authority, or instrumentality of any one or 
more of the foregoing. 
‘‘(13) RETAIL
ELECTRIC
SUPPLIER’S
BASE 
AMOUNT.—The term ‘retail electric supplier’s base 
amount’ means means the total amount of electric 
energy sold by the retail electric supplier to electric
customers during the most recent calendar year for 
which information is available, excluding electric en-
ergy generated by— 
‘‘(A) an eligible renewable energy resource; 
or 
‘‘(B) a hydroelectric facility. 
‘‘(m) SUNSET.—This section expires December 31, 
2030.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such title is amended by adding the following new item 
at the end: 
‘‘Sec. 611. Federal renewable portfolio standard.’’. 
SEC. 206. NET METERING. 
(a) ADOPTION OF STANDARD.—Section 111(d)(11) 
of the Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2621(d)) is amended to read as follows: 
‘‘(11) NET METERING.—(A) Each electric util-
ity shall make available upon request net metering 
service to any electric consumer that the electric 
utility serves. 
‘‘(B) For purposes of implementing this para-
graph, any reference contained in this section to the 
date of enactment of the Public Utility Regulatory 
Policies Act of 1978 shall be deemed to be a ref-
erence to the date of enactment of this paragraph.
‘‘(C) Notwithstanding subsections (b) and (c) of 
section 112, each State regulatory authority may 
consider and make a determination concerning 
whether it is appropriate in the public interest to not 
implement the standard set out in subparagraph (A) 
not later than 1 year after the date of enactment of 
this paragraph. 
‘‘(D) Nothing in this section shall preclude a 
State from establishing additional incentives or to 
encourage on-site generating facilities and net me-
tering in addition to that required under this sec-
tion. 
‘‘(E) The Department shall report within 11 
months of enactment and annually thereafter on the 
public benefit provided by adoption of net metering 
and interconnection standards, and the status of 
state adoption of such.’’. 
(b) SPECIAL RULES FOR NET METERING.—Section 
115 of the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2625) is amended by adding at the end the 
following: 
‘‘(i) NET METERING.—In undertaking the consider-
ation and making the determination under section 111 
with respect to the standard concerning net metering es-
tablished by section 111(d)(11), the term net metering
service shall mean a service provided in accordance with 
the following standards: 
‘‘(1) An electric utility— 
‘‘(A) shall charge the owner or operator of 
an on-site generating facility rates and charges 
that are identical to those that would be 
charged other electric consumers of the electric 
utility in the same rate class; and 
‘‘(B) shall not charge the owner or oper-
ator of an on-site generating facility any addi-
tional standby, capacity, interconnection, or 
other rate or charge. 
‘‘(2) An electric utility that sells electric energy 
to the owner or operator of an on-site generating fa-
cility shall measure the quantity of electric energy 
produced by the on-site facility and the quantity of 
electric energy consumed by the owner or operator 
of an on-site generating facility during a billing pe-
riod with a single bi-directional meter or otherwise 
in accordance with reasonable metering practices. 
‘‘(3) If the quantity of electric energy sold by 
the electric utility to an on-site generating facility 
exceeds the quantity of electric energy supplied by 
the on-site generating facility to the electric utility 
during the billing period, the electric utility may bill
the owner or operator for the net quantity of electric 
energy sold, in accordance with reasonable metering 
practices. 
‘‘(4) If the quantity of electric energy supplied 
by the on-site generating facility to the electric util-
ity exceeds the quantity of electric energy sold by 
the electric utility to the on-site generating facility 
during the billing period— 
‘‘(A) the electric utility may bill the owner 
or operator of the on-site generating facility for 
the appropriate charges for the billing period in 
accordance with paragraph; and 
‘‘(B) the owner or operator of the on-site 
generating facility shall be credited for the ex-
cess kilowatt-hours generated during the billing 
period, with the kilowatt-hour credit appearing 
on the bill for the following billing period. 
‘‘(5) An eligible on-site generating facility and 
net metering system used by an electric consumer 
shall meet all applicable safety, performance, reli-
ability, and interconnection standards established by 
the National Electrical Code, the Institute of Elec-
trical and Electronics Engineers, and Underwriters 
Laboratories.
‘‘(6) The Commission, after consultation with 
State regulatory authorities and unregulated electric 
utilities and after notice and opportunity for com-
ment, may adopt, by rule, additional control and 
testing and interconnection requirements for on-site 
generating facilities and net metering systems that 
the Commission determines are necessary to protect 
public safety and system reliability. 
‘‘(7) For purposes of this subsection: 
‘‘(A) The term ‘eligible on-site generating 
facility’ means a facility on the site of a resi-
dential electric consumer with a maximum gen-
erating capacity of 10 kilowatts or less that is 
fueled by solar energy, wind energy, or fuel 
cells; or a facility on the site of a commercial 
electric consumer with a maximum generating 
capacity of 500 1000 kilowatts or less that is 
fueled solely by a renewable energy resource, 
landfill gas, or a high efficiency system. 
‘‘(B) The term ‘renewable energy resource’ 
means solar, wind, biomass, micro-freeflow 
hydro, or geothermal energy. 
‘‘(C) The term ‘high efficiency system’ 
means fuel cells or combined heat and power.
‘‘(D) The term ‘net metering service’ 
means service to an electric consumer under 
which electric energy generated by that electric 
consumer from an eligible on-site generating fa-
cility and delivered to the local distribution fa-
cilities may be used to offset electric energy 
provided by the electric utility to the electric 
consumer during the applicable billing period.’’. 
TITLE III—SAVE TAX PAYERS 
MONEY 
SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE EN-
ERGY POLICY ACT OF 2005. 
(a) REPEALS.—The following provisions of the En-
ergy Policy Act of 2005, and the items relating thereto 
in the table of contents of that Act, are repealed: 
(1) Section 342 (relating to program on oil and 
gas royalties in-kind). 
(2) Section 343 (relating to marginal property 
production incentives). 
(3) Section 344 (relating to incentives for nat-
ural gas production from deep wells in the shallow 
waters of the Gulf of Mexico). 
(4) Section 345 (relating to royalty relief for 
deep water production).
(5) Section 357 (relating to comprehensive in-
ventory of OCS oil and natural gas resources). 
(6) Subtitle J of title IX (relating to ultra-deep-
water and unconventional natural gas and other pe-
troleum resources). 
(b) REPEAL OF ALASKA OFFSHORE ROYALTY SUS-
PENSION.—Section 8(a)(3)(B) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended 
by striking ‘‘and in the Planning Areas offshore Alaska’’. 
SEC. 302. REPEAL OF CERTAIN TAX PROVISIONS OF THE 
ENERGY POLICY ACT OF 2005. 
(a) REPEAL.—The following provisions, and amend-
ments made by such provisions, of the Energy Policy Act 
of 2005 are hereby repealed: 
(1) Section 1306 (relating to credit for produc-
tion from advanced nuclear power facilities). 
(2) Section 1307 (relating to credit for invest-
ment in clean coal facilities). 
(3) Section 1308 (relating to electric trans-
mission property treated as 15-year property). 
(4) Section 1309 (relating to expansion of am-
ortization for certain atmospheric pollution control 
facilities). 
(5) Section 1310 (relating to modifications to 
special rules for nuclear decommissioning costs).
(6) Section 1321 (relating to extension of credit 
for producing fuel from nonconventional source 
(coke or coke gas). 
(7) Section 1323 (relating to temporary expens-
ing for equipment used in refining of liquid fuels). 
(8) Section 1325 (relating to natural gas dis-
tribution lines treated as 15-year property). 
(9) Section 1326 (relating to natural gas gath-
ering lines treated as 7-year property). 
(10) Section 1328 (relating to determination of 
small refiner exception to oil depletion deduction). 
(11) Section 1329 (relating to amortization of 
geological and geophysical expenditures). 
(b) ADMINISTRATION OF INTERNAL REVENUE CODE 
OF 1986.—The Internal Revenue Code of 1986 shall be 
applied and administered as if the provisions, and amend-
ments, specified in subsection (a) had never been enacted. 
TITLE IV—STATE AND LOCAL 
AUTHORITY 
SEC. 401. STATE CONSUMER PRODUCT ENERGY EFFI-
CIENCY STANDARDS. 
Section 327 of the Energy Policy and Conservation 
Act (42 U.S.C. 6297) is amended by adding at the end 
the following new subsection:
‘‘(h) LIMITATION ON PREEMPTION.—Subsections (a), 
(b), and (c) shall not apply with respect to State regula-
tion of energy consumption or water use of any covered 
product during any period of time— 
‘‘(1) after the expiration of 3 years after the re-
quired date of issuance of a final rule determining 
whether Federal standards for such consumption or 
use will be established or revised, if such rule has 
not been issued; and 
‘‘(2) before the date on which such rule is 
issued.’’. 
SEC. 402. APPEALS FROM CONSISTENCY DETERMINATIONS 
UNDER COASTAL ZONE MANAGEMENT ACT 
OF 1972. 
Section 319 of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1465) is amended to read as if section 
381 of the Energy Policy Act of 2005 (119 Stat. 737) 
were not enacted. 
SEC. 403. SITING OF INTERSTATE ELECTRIC TRANSMISSION 
FACILITIES. 
Section 216 of the Federal Power Act (16 U.S.C. 
824p) is repealed. 
SEC. 404. NEW NATURAL GAS STORAGE FACILITIES. 
Subsection (f) of section 4 of the Natural Gas Act 
(15 U.S.C. 717c(f)) is repealed.
SEC. 405. PROCESS COORDINATION; HEARINGS; RULES OF 
PROCEDURE. 
The amendments to the Natural Gas Act made by 
section 313 of the Energy Policy Act of 2005 are repealed, 
and the Natural Gas Act shall be administered as if those 
amendments were never enacted. 
SEC. 406. REPEAL OF PREEMPTION OF STATE LAW RELAT-
ING TO AUTOMOBILE FUEL ECONOMY STAND-
ARDS. 
Section 32919 of title 49, United States Code, is re-
pealed. 
Æ