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617 
(4) $200,000,000 for each of fiscal years 2013 
through 2050. 
(c) DEMONSTRATION PROJECTS.— 
(1) FEDERAL
DEMONSTRATION
PROJECT.— 
There are authorized to be appropriated to carry out 
the 
Federal 
demonstration 
project 
described 
insection 9048(b)(1) $10,000,000 for the period of 
fiscal years 2009 through 2014, to remain available 
until expended. 
(2) UNIVERSITY DEMONSTRATION PROJECTS.— 
There are authorized to be appropriated to carry out 
the university demonstration projects described 
insection 9048(b)(2) $10,000,000 for the period of 
fiscal years 2009 through 2014, to remain available 
until expended. 
(d) ENERGY EFFICIENCY FOR DATA CENTER BUILD-
INGS.—There are authorized to be appropriated to each 
of the Secretary and the Administrator for carrying 
outsection 9049 $250,000 for each of the fiscal years 2008 
through 2012. 
SEC. 9051. STUDY AND REPORT ON USE OF POWER MAN-
AGEMENT SOFTWARE. 
(a) STUDY.—The Secretary of Energy, through the 
Federal Energy Management Program, shall conduct a 
study on the use of power management software by the 
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Department of Energy and Federal facilities to reduce the 
use of electricity in computer monitors and personal com-
puters. 
(b) REPORT.—Not later than 60 days after the date 
of enactment of the Act, the Secretary shall submit to 
Congress a report containing the results of the study 
under subsection (a), including a description of the rec-
ommendations developed under the study. The Secretary 
and the Federal Energy Management Program are en-
couraged to draw upon similar studies and efforts by other 
Federal entities on power management software. 
SEC. 9052. HIGH-PERFORMANCE GREEN BUILDINGS RET-
ROFIT LOAN GUARANTEES. 
(a) DEFINITIONS.—In this section: 
(1) COST.—The term ‘‘cost’’ has the meaning 
given the term ‘‘cost of a loan guarantee’’ within the 
meaning of section 502(5)(C) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)(C)). 
(2) GUARANTEE.— 
(A) IN GENERAL.—The term ‘‘guarantee’’ 
has the meaning given the term ‘‘loan guar-
antee’’ in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a). 
(B) INCLUSION.—The term ‘‘guarantee’’ 
includes a loan guarantee commitment (as de-
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fined in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a)). 
(3) 
OBLIGATION.—The 
term 
‘‘obligation’’ 
means the loan or other debt obligation that is guar-
anteed under this section. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ELIGIBLE PURPOSES.—Except for division C of 
Public Law 108–423, the Commercial Director shall make 
loan guarantees under this section for renovation projects 
that are eligible projects within the meaning of section 
1703 of the Energy Policy Act of 2005 and that will result 
in a building achieving the United States Green Building 
Council Leadership in Energy and Environmental Design 
‘‘certified’’ level, or meeting a comparable standard ap-
proved by the Commercial Director. 
(c) TERMS AND CONDITIONS.— 
(1) IN
GENERAL.—The Commercial Director 
shall make guarantees under this section for projects 
on such terms and conditions as the Commercial Di-
rector determines, after consultation with the Sec-
retary of the Treasury, in accordance with this sec-
tion, including limitations on the amount of any loan 
guarantee to ensure distribution to a variety of bor-
rowers. 
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(2) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.—No guarantee shall be made under this sec-
tion unless— 
(A) an appropriation for the cost has been 
made; or 
(B) the Commercial Director has received 
from the borrower a payment in full for the 
cost of the obligation and deposited the pay-
ment into the Treasury. 
(3) LIMITATION.—Not more than $100,000,000 
in loans may be guaranteed under this section at 
any one time. 
(4) AMOUNT.—Unless otherwise provided by 
law, a guarantee by the Commercial Director under 
this section shall not exceed an amount equal to 80 
percent of the project cost that is the subject of the 
guarantee, as estimated at the time at which the 
guarantee is issued. 
(5) REPAYMENT.—No guarantee shall be made 
under this section unless the Commercial Director 
determines that there is reasonable prospect of re-
payment of the principal and interest on the obliga-
tion by the borrower. 
(6) INTEREST RATE.—An obligation shall bear 
interest at a rate that does not exceed a level that 
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the Commercial Director determines appropriate, 
taking into account the prevailing rate of interest in 
the private sector for similar loans and risks. 
(7) TERM.—The term of an obligation shall re-
quire full repayment over a period not to exceed the 
lesser of— 
(A) 30 years; or 
(B) 90 percent of the projected useful life 
of the building whose renovation is to be fi-
nanced by the obligation (as determined by the 
Commercial Director). 
(8) DEFAULTS.— 
(A) PAYMENT
BY
COMMERCIAL
DIREC-
TOR.— 
(i) IN GENERAL.—If a borrower de-
faults on the obligation (as defined in reg-
ulations promulgated by the Commercial 
Director and specified in the guarantee 
contract), the holder of the guarantee shall 
have the right to demand payment of the 
unpaid amount from the Commercial Di-
rector. 
(ii) 
PAYMENT
REQUIRED.—Within 
such period as may be specified in the 
guarantee or related agreements, the Com-
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mercial Director shall pay to the holder of 
the guarantee the unpaid interest on, and 
unpaid principal of the obligation as to 
which the borrower has defaulted, unless 
the Commercial Director finds that there 
was no default by the borrower in the pay-
ment of interest or principal or that the 
default has been remedied. 
(iii) FORBEARANCE.—Nothing in this 
paragraph precludes any forbearance by 
the holder of the obligation for the benefit 
of the borrower which may be agreed upon 
by the parties to the obligation and ap-
proved by the Commercial Director. 
(B) SUBROGATION.— 
(i) IN GENERAL.—If the Commercial 
Director makes a payment under subpara-
graph (A), the Commercial Director shall 
be subrogated to the rights of the recipient 
of the payment as specified in the guar-
antee or related agreements including, 
where appropriate, the authority (notwith-
standing any other provision of law) to— 
(I) complete, maintain, operate, 
lease, or otherwise dispose of any 
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property acquired pursuant to such 
guarantee or related agreements; or 
(II) permit the borrower, pursu-
ant to an agreement with the Com-
mercial Director, to continue to pur-
sue the purposes of the project if the 
Commercial Director determines this 
to be in the public interest. 
(ii) SUPERIORITY
OF
RIGHTS.—The 
rights of the Commercial Director, with re-
spect to any property acquired pursuant to 
a guarantee or related agreements, shall be 
superior to the rights of any other person 
with respect to the property. 
(iii) TERMS
AND
CONDITIONS.—A 
guarantee agreement shall include such de-
tailed terms and conditions as the Com-
mercial Director determines appropriate 
to— 
(I) protect the interests of the 
United States in the case of default; 
and 
(II) have available all the patents 
and technology necessary for any per-
son selected, including the Commer-
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cial Director, to complete and operate 
the project. 
(C) PAYMENT OF PRINCIPAL AND INTER-
EST BY COMMERCIAL DIRECTOR.—With respect 
to any obligation guaranteed under this section, 
the Commercial Director may enter into a con-
tract to pay, and pay, holders of the obligation, 
for and on behalf of the borrower, from funds 
appropriated for that purpose, the principal and 
interest payments which become due and pay-
able on the unpaid balance of the obligation if 
the Commercial Director finds that— 
(i)(I) the borrower is unable to meet 
the payments and is not in default; 
(II) it is in the public interest to per-
mit the borrower to continue to pursue the 
purposes of the project; and 
(III) the probable net benefit to the 
Federal Government in paying the prin-
cipal and interest will be greater than that 
which would result in the event of a de-
fault; 
(ii) the amount of the payment that 
the Commercial Director is authorized to 
pay shall be no greater than the amount of 
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principal and interest that the borrower is 
obligated to pay under the agreement 
being guaranteed; and 
(iii) the borrower agrees to reimburse 
the Commercial Director for the payment 
(including interest) on terms and condi-
tions that are satisfactory to the Commer-
cial Director. 
(D) ACTION BY ATTORNEY GENERAL.— 
(i) NOTIFICATION.—If the borrower 
defaults on an obligation, the Commercial 
Director shall notify the Attorney General 
of the default. 
(ii) RECOVERY.—On notification, the 
Attorney General shall take such action as 
is appropriate to recover the unpaid prin-
cipal and interest due from— 
(I) such assets of the defaulting 
borrower as are associated with the 
obligation; or 
(II) any other security pledged to 
secure the obligation. 
(9) FEES.— 
(A) IN GENERAL.—The Commercial Direc-
tor shall charge and collect fees for guarantees 
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in amounts the Commercial Director determines 
are sufficient to cover applicable administrative 
expenses. 
(B) AVAILABILITY.—Fees collected under 
this paragraph shall— 
(i) be deposited by the Commercial 
Director into the Treasury; and 
(ii) remain available until expended, 
subject to such other conditions as are con-
tained in annual appropriations Acts. 
(10) RECORDS; AUDITS.— 
(A) IN GENERAL.—A recipient of a guar-
antee shall keep such records and other perti-
nent documents as the Commercial Director 
shall prescribe by regulation, including such 
records as the Commercial Director may require 
to facilitate an effective audit. 
(B) ACCESS.—The Commercial Director 
and the Comptroller General of the United 
States, or their duly authorized representatives, 
shall have access, for the purpose of audit, to 
the records and other pertinent documents. 
(11) FULL FAITH AND CREDIT.—The full faith 
and credit of the United States is pledged to the 
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payment of all guarantees issued under this section 
with respect to principal and interest. 
PART 5—INDUSTRIAL ENERGY EFFICIENCY 
SEC. 9061. INDUSTRIAL ENERGY EFFICIENCY. 
(a) AMENDMENT.—Title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6201 and following) is 
amended by adding the following after part D: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOV-
ERY AND POTENTIAL USE. 
‘‘Congress finds that— 
‘‘(1) the Nation should encourage the use of 
otherwise wasted energy and the development of 
combined heat and power and other waste energy re-
covery projects where there is wasted thermal energy 
in large volumes at potentially useful temperatures; 
‘‘(2) such projects would increase energy effi-
ciency and lower pollution by generating power with 
no incremental fossil fuel consumption; 
‘‘(3) because recovered waste energy and com-
bined heat and power projects are associated with 
end-uses of thermal energy and electricity at the 
local level, they help avoid new transmission lines, 
reduce line losses, reduce local air pollutant emis-
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sions, and reduce vulnerability to extreme weather 
and terrorism; and 
‘‘(4) States, localities, electric utilities, and 
other electricity customers may benefit from private 
investments in recovered waste energy and combined 
heat and power projects at industrial and commer-
cial sites by avoiding generation, transmission and 
distribution expenses, and transmission line loss ex-
penses that may otherwise be required to be recov-
ered from ratepayers. 
‘‘SEC. 372. DEFINITIONS. 
‘‘For purposes of this Part: 
‘‘(1) The term ‘Administrator’ means the Ad-
ministrator of the Environmental Protection Agency. 
‘‘(2) The term ‘waste energy’ meansl 
‘‘(A) exhaust heat and flared gases from 
any industrial process; 
‘‘(B) waste gas or industrial tail gas that 
would otherwise be flared, incinerated or vent-
ed; 
‘‘(C) a pressure drop in any gas, excluding 
any pressure drop to a condenser that subse-
quently vents the resulting heat; and 
‘‘(D) such other forms of waste energy as 
the Administrator may identify. 
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‘‘(3) The term ‘recoverable waste energy’ means 
waste energy from which electricity or useful ther-
mal energy may be recovered through modification 
of existing facilities or addition of new facilities. 
‘‘(4) The term ‘net excess power’ means, for 
any facility, recoverable waste energy recovered in 
the form of electricity in amounts exceeding the total 
consumption of electricity at the specific time of gen-
eration on the site where the facility is located. 
‘‘(5) The term ‘useful thermal energy’ is energy 
in the forms of direct heat, steam, hot water, or 
other thermal forms that is used in production and 
beneficial measures for heating, cooling, humidity 
control, process use, or other valid thermal end-use 
energy requirements, and for which fuel or elec-
tricity would otherwise be consumed. 
‘‘(6) The term ‘combined heat and power sys-
tem’ means a facility— 
‘‘(A) that simultaneously and efficiently 
produces useful thermal energy and electricity; 
and 
‘‘(B) that recovers not less than 60 percent 
of the energy value in the fuel (on a lower-heat-
ing-value basis) in the form of useful thermal 
energy and electricity. 
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project to regulation as a public utility, and accord-
ing such wires the same treatment for safety, zon-
ing, land-use and other legal privileges as apply or 
would apply to the utility’s own wires, except that— 
‘‘(A) there shall be no grant of any power 
of eminent domain to take or cross private 
property for such wires, and 
‘‘(B) such wires shall be physically seg-
regated and not interconnected with any portion 
of the utility’s system, except on the customer’s 
side of the utility’s revenue meter and in a 
manner that precludes any possible export of 
such electricity onto the utility system, or dis-
ruption of such system. 
‘‘(4) AGREED UPON ALTERNATIVES.—The util-
ity and the owner or operator of the project may 
reach agreement on any alternate arrangement and 
its associated payments or rates that is mutually 
satisfactory and in accord with State law. 
‘‘(d) RATE CONDITIONS AND CRITERIA.— 
‘‘(1) IN GENERAL.—The options described in 
paragraphs (1) and (2) in subsection (c) shall be of-
fered under purchase and transport rate conditions 
reflecting the rate components defined under para-
graph (2) of this subsection as applicable under the 
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circumstances described in paragraph (3) of this 
subsection. 
‘‘(2) RATE COMPONENTS.—For purposes of this 
section: 
‘‘(A) PER
UNIT
DISTRIBUTION
COSTS.— 
The term ‘per unit distribution costs’ means the 
utility’s depreciated book-value distribution sys-
tem costs divided by the previous year’s volume 
of utility electricity sales or transmission at the 
distribution level in kilowatt hours. 
‘‘(B) PER UNIT DISTRIBUTION MARGIN.— 
The term ‘per unit distribution margin’ means: 
‘‘(i) In the case of a State regulated 
electric utility, a per-unit gross pretax 
profit determined by multiplying the util-
ity’s State-approved percentage rate of re-
turn for distribution system assets by the 
per unit distribution costs. 
‘‘(ii) In the case of an nonregulated 
utility, a per unit contribution to net reve-
nues determined by dividing the amount of 
any net revenue payment or contribution 
to the nonregulated utility’s owners or sub-
scribers in the prior year by the utility’s 
gross revenues for the prior year to obtain 
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a percentage (but not less than 10 percent) 
and multiplying that percentage by the per 
unit distribution costs. 
‘‘(C) PER
UNIT
TRANSMISSION
COSTS.— 
The term ‘per unit transmission costs’ means 
the total cost of those transmission services 
purchased or provided by a utility on a per-kilo-
watt-hour basis as included in that utility’s re-
tail rate. 
‘‘(3) APPLICABLE RATES.— 
‘‘(A) RATES APPLICABLE TO SALE OF NET 
EXCESS
POWER.—Sales made by a project 
owner or operator under the option described in 
subsection (c) (1) shall be paid for on a per kil-
owatt hour basis that shall equal the full 
undiscounted retail rate paid to the utility for 
power purchased by such a facility minus per 
unit distribution costs, as applicable to the type 
of utility purchasing the power. If the net ex-
cess power is made available for purchase at 
voltages that must be transformed to or from 
voltages exceeding 25 kilovolts to be available 
for resale by the utility, then the purchase price 
shall further be reduced by per unit trans-
mission costs. 
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‘‘(B) RATES APPLICABLE TO TRANSPORT 
BY UTILITY FOR DIRECT SALE TO THIRD PAR-
TIES.—Transportation by utilities of power on 
behalf of the owner or operator of a project 
under the option described in subsection (c)(2) 
shall incur a transportation rate equal to the 
per unit distribution costs and per unit dis-
tribution margin, as applicable to the type of 
utility transporting the power. If the net excess 
power is made available for transportation at 
voltages that must be transformed to or from 
voltages exceeding 25 kilovolts to be trans-
ported to the designated third-party purchasers, 
then the transport rate shall further be in-
creased by per unit transmission costs. In 
States with competitive retail markets for elec-
tricity, the applicable transportation rate for 
similar transportation shall be applied in lieu of 
any rate calculated under this paragraph. 
‘‘(4) LIMITATIONS.—(A) Any rate established 
for sale or transportation under this section shall be 
modified over time with changes in the electric util-
ity’s underlying costs or rates, and shall reflect the 
same time-sensitivity and billing periods as are es-
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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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(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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