411 
(E) Recommendations for operational im-
provements to enhance the efficiency, accuracy, 
and overall capability of the System. 
(3) BIENNIAL UPDATE.—Two years after the 
transmittal of the initial report prepared pursuant to 
this subsection and biennially thereafter, the Admin-
istrator, through the Council, shall submit to Con-
gress an update of the initial report. 
(i) PUBLIC-PRIVATE USE POLICY.—The Council 
shall develop a policy within 6 months after the date of 
the enactment of this section that defines processes for 
making decisions about the roles of the Federal Govern-
ment, the States, Regional Information Coordination En-
tities, the academic community, and the private sector in 
providing to end-user communities environmental informa-
tion, products, technologies, and services related to the 
System. The Council shall publish the policy in the Fed-
eral Register for public comment for a period not less than 
60 days. Nothing in this subsection shall be construed to 
require changes in policy in effect on the date of the enact-
ment of this Act. 
(j) INDEPENDENT COST ESTIMATE.—The Inter-
agency Working Group, through the Administrator and 
the Director of the National Science Foundation, shall ob-
tain within one year after the date of the enactment of 
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this section an independent cost estimate for operations 
and maintenance of existing Federal assets of the System, 
and planned or anticipated acquisition, operation, and 
maintenance of new Federal assets for the System, includ-
ing operation facilities, observation equipment, modeling 
and software, data management and communication, and 
other essential components. The independent cost estimate 
shall be transmitted unabridged and without revision by 
the Administrator to Congress. 
(k) INTENT OF CONGRESS.—It is the intent of Con-
gress that funding provided to agencies of the Council to 
implement this section shall supplement, and not replace, 
existing sources of funding for other programs. It is the 
further intent of Congress that agencies of the Council 
shall not enter into contracts or agreements for the devel-
opment or procurement of new Federal assets for the Sys-
tem that are estimated to be in excess of $250,000,000 
in life-cycle costs without first providing adequate notice 
to Congress and opportunity for review and comment. 
Subtitle E—Royalties Under 
Offshore Oil and Gas Leases 
SEC. 7501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Royalty Relief for 
American Consumers Act of 2007’’. 
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SEC. 7502. PRICE THRESHOLDS FOR ROYALTY SUSPENSION 
PROVISIONS. 
The Secretary of the Interior shall agree to a request 
by any lessee to amend any lease issued for any Central 
and Western Gulf of Mexico tract during the period of 
January 1, 1998, through December 31, 1999, to incor-
porate price thresholds applicable to royalty suspension 
provisions, that are equal to or less than the price thresh-
olds described in clauses (v) through (vii) of section 
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(a)(3)(C)). Any amended lease shall impose 
the new or revised price thresholds effective October 1, 
2006. Existing lease provisions shall prevail through Sep-
tember 30, 2006. 
SEC. 7503. CLARIFICATION OF AUTHORITY TO IMPOSE 
PRICE THRESHOLDS FOR CERTAIN LEASE 
SALES. 
Congress reaffirms the authority of the Secretary of 
the Interior under section 8(a)(1)(H) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to 
vary, based on the price of production from a lease, the 
suspension of royalties under any lease subject to section 
304 of the Outer Continental Shelf Deep Water Royalty 
Relief Act (Public Law 104–58; 43 U.S.C. 1337 note). 
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SEC. 7504. ELIGIBILITY FOR NEW LEASES AND THE TRANS-
FER OF LEASES; CONSERVATION OF RE-
SOURCES FEES. 
(a) ISSUANCE OF NEW LEASES.— 
(1) IN
GENERAL.—The Secretary shall not 
issue any new lease that authorizes the production 
of oil or natural gas in the Gulf of Mexico under the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) to a person described in paragraph (2) un-
less— 
(A) the person has renegotiated each cov-
ered lease with respect to which the person is 
a lessee, to modify the payment responsibilities 
of the person to include price thresholds that 
are equal to or less than the price thresholds 
described in clauses (v) through (vii) of section 
8(a)(3)(C) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(a)(3)(C)); or 
(B) the person has— 
(i) paid all fees established by the 
Secretary under subsection (b) that are 
due with respect to each covered lease for 
which the person is a lessee; or 
(ii) entered into an agreement with 
the Secretary under which the person is 
obligated to pay such fees. 
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(2) PERSONS DESCRIBED.—A person referred 
to in paragraph (1) is a person that— 
(A) is a lessee that— 
(i) holds a covered lease on the date 
on which the Secretary considers the 
issuance of the new lease; or 
(ii) was issued a covered lease before 
the date of enactment of this Act, but 
transferred the covered lease to another 
person or entity (including a subsidiary or 
affiliate of the lessee) after the date of en-
actment of this Act; or 
(B) any other person or entity who has 
any direct or indirect interest in, or who derives 
any benefit from, a covered lease; 
(3) MULTIPLE LESSEES.— 
(A) IN GENERAL.—For purposes of para-
graph (1), if there are multiple lessees that own 
a share of a covered lease, the Secretary may 
implement separate agreements with any lessee 
with a share of the covered lease that modifies 
the payment responsibilities with respect to the 
share of the lessee to include price thresholds 
that are equal to or less than the price thresh-
olds described in clauses (v) through (vii) of 
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SEC. 8252. DISTRIBUTION OF RESCISSIONS. 
(a) IN GENERAL.—Any unobligated balances of 
amounts that are appropriated from the Highway Trust 
Fund for a fiscal year, and apportioned under chapter 1 
of title 23, United States Code, before, on, or after the 
date of enactment of this Act and that are rescinded after 
such date of enactment shall be distributed within each 
State (as defined in section 101 of such title) among all 
programs for which funds are apportioned under such 
chapter for such fiscal year, to the extent sufficient funds 
remain available for obligation, in the ratio that the 
amount of funds apportioned for each program under such 
chapter for such fiscal year, bears to the amount of funds 
apportioned for all such programs under such chapter for 
such fiscal year. 
(b) TREATMENT
OF TRANSPORTATION ENHANCE-
MENT SET-ASIDE AND FUNDS SUBALLOCATED TO SUB-
STATE AREAS.—Funds set aside under sections 133(d)(2) 
and 133(d)(3) of title 23, United States Code, shall be 
treated as being apportioned under chapter 1 of such title 
for purposes of subsection (a). 
SEC. 8253. SENSE OF CONGRESS REGARDING USE OF COM-
PLETE STREETS DESIGN TECHNIQUES. 
It is the sense of Congress that in constructing new 
roadways or rehabilitating existing facilities, State and 
local governments should employ policies designed to ac-
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commodate all users, including motorists, pedestrians, cy-
clists, transit riders, and people of all ages and abilities, 
in order to— 
(1) serve all surface transportation users by 
creating a more interconnected and intermodal sys-
tem; 
(2) create more viable transportation options; 
and 
(3) facilitate the use of environmentally friendly 
options, such as public transportation, walking, and 
bicycling. 
Subtitle C—Railroad and Pipeline 
Transportation 
PART 1—RAILROADS 
SEC. 8301. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, 
in coordination with the Administrator of the Environ-
mental Protection Agency, shall establish and carry out 
a pilot program for making grants to railroad carriers (as 
defined in section 20102 of title 49, United States Code) 
and State and local governments— 
(1) for assistance in purchasing hybrid loco-
motives, including hybrid switch locomotives; and 
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(2) to demonstrate the extent to which such lo-
comotives increase fuel economy, reduce emissions, 
and lower costs of operation. 
(b) LIMITATION.—Notwithstanding subsection (a), 
no grant under this section may be used to fund the costs 
of emissions reductions that are mandated under Federal, 
State, or local law. 
(c) GRANT CRITERIA.—In selecting applicants for 
grants under this section, the Secretary shall consider— 
(1) the level of energy efficiency that would be 
achieved by the proposed project; 
(2) the extent to which the proposed project 
would assist in commercial deployment of hybrid lo-
comotive technologies; 
(3) the extent to which the proposed project 
complements other private or governmental partner-
ship efforts to improve air quality or fuel efficiency 
in a particular area; and 
(4) the extent to which the applicant dem-
onstrates innovative strategies and a financial com-
mitment to increasing energy efficiency and reducing 
greenhouse gas emissions of its railroad operations. 
(d) COMPETITIVE GRANT SELECTION PROCESS.— 
(1) APPLICATIONS.—A railroad carrier or State 
or local government seeking a grant under this sec-
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440 
tion shall submit for approval by the Secretary an 
application for the grant under this section con-
taining such information as the Secretary may re-
quire to receive a grant under this section. 
(2) COMPETITIVE SELECTION.—The Secretary 
shall conduct a national solicitation for applications 
for grants under this section and shall select grant-
ees on a competitive basis. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a project under this section shall not exceed 90 percent 
of the project cost. 
(f) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report on the results of the pilot program car-
ried out under this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$10,000,000 for each of the fiscal years 2008 through 
2011 to carry out this section. Such funds shall remain 
available until expended. 
SEC. 8302. CAPITAL GRANTS FOR RAILROAD TRACK. 
(a) AMENDMENT.—Chapter 223 of title 49, United 
States Code, is amended to read as follows: 
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441 
‘‘CHAPTER 223—CAPITAL GRANTS FOR 
RAILROAD TRACK 
‘‘Sec. 
‘‘22301. Capital grants for railroad track. 
‘‘§ 22301. Capital grants for railroad track 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Transportation shall establish a program of capital 
grants for the rehabilitation, preservation, or im-
provement of railroad track (including roadbed, 
bridges, and related track structures) of class II and 
class III railroads. Such grants shall be for rehabili-
tating, preserving, or improving track used primarily 
for freight transportation to a standard ensuring 
that the track can be operated safely and efficiently, 
including grants for rehabilitating, preserving, or im-
proving track to handle 286,000 pound railcars. 
Grants may be provided under this chapter— 
‘‘(A) directly to the class II or class III 
railroad; or 
‘‘(B) with the concurrence of the class II 
or class III railroad, to a State or local govern-
ment. 
‘‘(2) STATE COOPERATION.—Class II and class 
III railroad applicants for a grant under this chap-
ter are encouraged to utilize the expertise and assist-
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442 
ance of State transportation agencies in applying for 
and administering such grants. State transportation 
agencies are encouraged to provide such expertise 
and assistance to such railroads. 
‘‘(3) INTERIM REGULATIONS.—Not later than 
December 31, 2007, the Secretary shall issue tem-
porary regulations to implement the program under 
this section. Subchapter II of chapter 5 of title 5 
does not apply to a temporary regulation issued 
under this paragraph or to an amendment to such 
a temporary regulation. 
‘‘(4) FINAL REGULATIONS.—Not later than Oc-
tober 1, 2008, the Secretary shall issue final regula-
tions to implement the program under this section. 
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 
Federal share for carrying out a project under this section 
shall be 80 percent of the project cost. The non-Federal 
share may be provided by any non-Federal source in cash, 
equipment, or supplies. Other in-kind contributions may 
be approved by the Secretary on a case-by-case basis con-
sistent with this chapter. 
‘‘(c) PROJECT ELIGIBILITY.—For a project to be eli-
gible for assistance under this section the track must have 
been operated or owned by a class II or class III railroad 
as of the date of the enactment of this chapter. 
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‘‘(d) USE OF FUNDS.—Grants provided under this 
section shall be used to implement track capital projects 
as soon as possible. In no event shall grant funds be con-
tractually obligated for a project later than the end of the 
third Federal fiscal year following the year in which the 
grant was awarded. Any funds not so obligated by the end 
of such fiscal year shall be returned to the Secretary for 
reallocation. 
‘‘(e) EMPLOYEE PROTECTION.—The Secretary shall 
require as a condition of any grant made under this sec-
tion that the recipient railroad provide a fair arrangement 
at least as protective of the interests of employees who 
are affected by the project to be funded with the grant 
as the terms imposed under section 11326(a), as in effect 
on the date of the enactment of this chapter. 
‘‘(f) LABOR STANDARDS.— 
‘‘(1) PREVAILING WAGES.—The Secretary shall 
ensure that laborers and mechanics employed by 
contractors and subcontractors in construction work 
financed by a grant made under this section will be 
paid wages not less than those prevailing on similar 
construction in the locality, as determined by the 
Secretary of Labor under subchapter IV of chapter 
31 of title 40 (commonly known as the ‘Davis-Bacon 
Act’). The Secretary shall make a grant under this 
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section only after being assured that required labor 
standards will be maintained on the construction 
work. 
‘‘(2) WAGE RATES.—Wage rates in a collective 
bargaining agreement negotiated under the Railway 
Labor Act (45 U.S.C. 151 et seq.) are deemed for 
purposes of this subsection to comply with the sub-
chapter IV of chapter 31 of title 40. 
‘‘(g) STUDY.—The Secretary shall conduct a study 
of the projects carried out with grant assistance under this 
section to determine the public interest benefits associated 
with the light density railroad networks in the States and 
their contribution to a multimodal transportation system. 
Not later than March 31, 2009, the Secretary shall report 
to Congress any recommendations the Secretary considers 
appropriate regarding the eligibility of light density rail 
networks for Federal infrastructure financing. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary of Trans-
portation $250,000,000 for each of fiscal years 2008 
through 2011 for carrying out this section.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
chapter 223 in the table of chapters of subtitle V of title 
49, United States Code, is amended to read as follows: 
‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK .......................... 22301’’. 
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445 
PART 2—PIPELINES 
SEC. 8311. FEASIBILITY STUDIES. 
(a) IN GENERAL.—The Secretary of Energy, in co-
ordination with the Secretary of Transportation, shall con-
duct feasibility studies for the construction of pipeline 
dedicated to the transportation of ethanol. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on such feasibility studies. 
(c) STUDY FACTORS.—Feasibility studies funded 
under this part shall include consideration of— 
(1) existing or potential barriers to the con-
struction of pipelines dedicated to the transportation 
of ethanol, including technical, siting, financing, and 
regulatory barriers; 
(2) market risk, including throughput risk; 
(3) regulatory, financing, and siting options 
that would mitigate such risk and help ensure the 
construction of pipelines dedicated to the transpor-
tation of ethanol; 
(4) ensuring the safe transportation of ethanol 
and preventive measures to ensure pipeline integrity; 
and 
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(5) such other factors as the Secretary of En-
ergy considers appropriate. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $1,000,000 for each of the 
fiscal years 2008 and 2009, to remain available until ex-
pended. 
Subtitle D—Maritime 
Transportation 
PART 1—GENERAL PROVISIONS 
SEC. 8401. SHORT SEA TRANSPORTATION INITIATIVE. 
(a) IN GENERAL.—Title 46, United States Code, is 
amended by adding after chapter 555 the following: 
‘‘CHAPTER 556—SHORT SEA 
TRANSPORTATION 
‘‘Sec. 55601. Short sea transportation program. 
‘‘Sec. 55602. Cargo and shippers. 
‘‘Sec. 55603. Financing of short sea transportation projects. 
‘‘Sec. 55604. Interagency coordination. 
‘‘Sec. 55605. Research on short sea transportation. 
‘‘Sec. 55606. Short sea transportation defined. 
‘‘§ 55601. Short sea transportation program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a short sea transportation program 
and designate short sea transportation projects to be con-
ducted under the program to mitigate landside congestion. 
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‘‘(b) PROGRAM ELEMENTS.—The program shall en-
courage the use of short sea transportation through the 
development and expansion of— 
‘‘(1) documented vessels; 
‘‘(2) shipper utilization; 
‘‘(3) port and landside infrastructure; and 
‘‘(4) marine transportation strategies by State 
and local governments. 
‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The 
Secretary shall designate short sea transportation routes 
as extensions of the surface transportation system to focus 
public and private efforts to use the waterways to relieve 
landside congestion along coastal corridors. The Secretary 
may collect and disseminate data for the designation and 
delineation of short sea transportation routes. 
‘‘(d) PROJECT DESIGNATION.—The Secretary may 
designate a project to be a short sea transportation project 
if the Secretary determines that the project may— 
‘‘(1) offer a waterborne alternative to available 
landside transportation services using documented 
vessels; and 
‘‘(2) provide transportation services for pas-
sengers or freight (or both) that may reduce conges-
tion on landside infrastructure using documented 
vessels. 
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‘‘(e) ELEMENTS
OF PROGRAM.—For a short sea 
transportation project designated under this section, the 
Secretary of Transportation may— 
‘‘(1) promote the development of short sea 
transportation services; 
‘‘(2) coordinate, with ports, State departments 
of transportation, localities, other public agencies, 
and the private sector and on the development of 
landside facilities and infrastructure to support 
short sea transportation services; and 
‘‘(3) develop performance measures for the 
short sea transportation program. 
‘‘(f) MULTISTATE, STATE AND REGIONAL TRANS-
PORTATION PLANNING.—The Secretary, in consultation 
with Federal entities and State and local governments, 
shall develop strategies to encourage the use of short sea 
transportation for transportation of passengers and cargo. 
The Secretary shall— 
‘‘(1) assess the extent to which States and local 
governments include short sea transportation and 
other marine transportation solutions in their trans-
portation planning; 
‘‘(2) encourage State departments of transpor-
tation to develop strategies, where appropriate, to 
incorporate short sea transportation, ferries, and 
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of a vessel that will be used for a short sea transportation 
project designated under section 55601. 
‘‘(b) TERMS AND CONDITIONS.—In making a loan 
guarantee under this section, the Secretary shall use the 
authority, terms, and conditions that apply to a loan guar-
antee made under chapter 537. 
‘‘(c) GENERAL
LIMITATIONS.—The total unpaid 
principal amount of obligations guaranteed under this 
chapter and outstanding at one time may not exceed 
$2,000,000,000. 
‘‘(d) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States Government is pledged to the 
payment of a guarantee made under this chapter, for both 
principal and interest, including interest (as may be pro-
vided for in the guarantee) accruing between the date of 
default under a guaranteed obligation and the date of pay-
ment in full of the guarantee. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $25,000,000 to carry out 
this section for each of fiscal years 2008 through 2011. 
‘‘§ 55604. Interagency coordination 
‘‘The Secretary of Transportation shall establish a 
board to identify and seek solutions to impediments hin-
dering effective use of short sea transportation. The board 
shall include representatives of the Environmental Protec-
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451 
tion Agency and other Federal, State, and local govern-
mental entities and private sector entities. 
‘‘§ 55605. Research on short sea transportation 
‘‘The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection 
Agency, may conduct research on short sea transportation, 
regarding— 
‘‘(1) the environmental and transportation ben-
efits to be derived from short sea transportation al-
ternatives for other forms of transportation; 
‘‘(2) technology, vessel design, and other im-
provements that would reduce emissions, increase 
fuel economy, and lower costs of short sea transpor-
tation and increase the efficiency of intermodal 
transfers; and 
‘‘(3) identify and seek solutions to impediments 
to short sea transportation projects designated 
under section 55601. 
‘‘§ 55606. Short sea transportation defined 
‘‘In this chapter, the term ‘short sea transportation’ 
means the carriage by vessel of cargo— 
‘‘(1) that is— 
‘‘(A) contained in intermodal cargo con-
tainers and loaded by crane on the vessel; or 
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‘‘(B) loaded on the vessel by means of 
wheeled technology; and 
‘‘(2) that is— 
‘‘(A) loaded at a port in the United States 
and unloaded at another port in the United 
States or a port in Canada located in the Great 
Lakes Saint Lawrence Seaway System; or 
‘‘(B) loaded at a port in Canada located in 
the Great Lakes Saint Lawrence Seaway Sys-
tem and unloaded at a port in the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of subtitle V of such title is amended 
by inserting after the item relating to chapter 555 the fol-
lowing: 
‘‘556. Short Sea Transportation ....................................................55601’’. 
(c) REGULATIONS.— 
(1) INTERIM
REGULATIONS.—Not later than 
December 31, 2007, the Secretary of Transportation 
shall issue temporary regulations to implement the 
program under this section. Subchapter II of chap-
ter 5 of title 5, United States Code, does not apply 
to a temporary regulation issued under this para-
graph or to an amendment to such a temporary reg-
ulation. 
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453 
(2) FINAL REGULATIONS.—Not later than Oc-
tober 1, 2008, the Secretary shall issue final regula-
tions to implement the program under this section. 
SEC. 8402. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 
CONSTRUCTION FUND. 
(a) DEFINITION
OF QUALIFIED VESSEL.—Section 
53501 of title 46, United States Code, is amended— 
(1) in paragraph (5)(A)(iii) by striking ‘‘or non-
contiguous domestic’’ and inserting ‘‘noncontiguous 
domestic, or short sea transportation trade’’; and 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) SHORT
SEA
TRANSPORTATION
TRADE.— 
The term ‘short sea transportation trade’ means the 
carriage by vessel of cargo— 
‘‘(A) that is— 
‘‘(i) contained in intermodal cargo 
containers and loaded by crane on the ves-
sel; or 
‘‘(ii) loaded on the vessel by means of 
wheeled technology; and 
‘‘(B) that is— 
‘‘(i) loaded at a port in the United 
States and unloaded at another port in the 
United States or a port in Canada located 
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in the Great Lakes Saint Lawrence Sea-
way System; or 
‘‘(ii) loaded at a port in Canada lo-
cated in the Great Lakes Saint Lawrence 
Seaway System and unloaded at a port in 
the United States.’’. 
(b) ALLOWABLE PURPOSE.—Section 53503(b) of 
such title is amended by striking ‘‘or noncontiguous do-
mestic trade’’ and inserting ‘‘noncontiguous domestic, or 
short sea transportation trade’’. 
SEC. 8403. REPORT. 
Not later than one year after the date of enactment 
of this Act, the Secretary of Transportation, in consulta-
tion with the Administrator of the Environmental Protec-
tion Agency, shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the short sea transpor-
tation program established under the amendments made 
by section 8401. The report shall include a description of 
the activities conducted under the program, and any rec-
ommendations for further legislative or administrative ac-
tion that the Secretary considers appropriate. 
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PART 2—MARITIME POLLUTION 
SEC. 8451. REFERENCES. 
Wherever in this part an amendment or repeal is ex-
pressed in terms of an amendment to or a repeal of a sec-
tion or other provision, the reference shall be considered 
to be made to a section or other provision of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). 
SEC. 8452. DEFINITIONS. 
Section 2(a) (33 U.S.C. 1901(a)) is amended— 
(1) by redesignating paragraphs (1) through 
(12) as paragraphs (2) through (13), respectively; 
(2) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency.’’; 
(3) in paragraph (5) (as so redesignated) by 
striking ‘‘and V’’ and inserting ‘‘V, and VI’’; 
(4) in paragraph (6) (as so redesignated) by 
striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful 
substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis-
charge’, ‘emission’, ‘garbage’, ‘harmful substance’, 
and ‘incident’ ’’; and 
(5) by redesignating paragraphs (7) through 
(13) (as redesignated) as paragraphs (8) through 
(14), respectively, and inserting after paragraph (6) 
(as redesignated) the following: 
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(2) in subsection (b) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place it appears; 
(3) in subsection (b)(2), by inserting ‘‘, or the 
Administrator as provided for in this Act,’’ after 
‘‘Secretary’’; 
(4) in the matter after paragraph (2) of sub-
section (b)— 
(A) by inserting ‘‘, or the Administrator as 
provided for in this Act’’ after ‘‘Secretary’’ the 
first place it appears; and 
(B) by inserting ‘‘, or the Administrator as 
provided for in this Act,’’ after ‘‘Secretary’’ the 
second and third places it appears; 
(5) in subsection (c) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(6) in subsection (f) by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place appears. 
SEC. 8460. EFFECT ON OTHER LAWS. 
Section 15 (33 U.S.C. 1911) is amended to read as 
follows: 
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‘‘SEC. 15. EFFECT ON OTHER LAWS. 
‘‘Authorities, requirements, and remedies of this Act 
supplement and neither amend nor repeal any other au-
thorities, requirements, or remedies conferred by any 
other provision of law. Nothing in this Act shall limit, 
deny, amend, modify, or repeal any other authority, re-
quirement, or remedy available to the United States or 
any other person, except as expressly provided in this 
Act.’’. 
Subtitle E—Aviation 
SEC. 8501. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation, in coordination with the Administrator of the Envi-
ronmental Protection Agency, shall establish a pilot pro-
gram to carry out not more than 6 environmental mitiga-
tion demonstration projects at public-use airports. 
(b) GRANTS.—In implementing the program, the Sec-
retary may make a grant to the sponsor of a public-use 
airport 
from 
funds 
apportioned 
under 
section 
47117(e)(1)(A) of title 49, United States Code, to carry 
out an environmental mitigation demonstration project to 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality in the vicinity of the airport. 
(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 
An environmental mitigation demonstration project that 
receives funds made available under this section may be 
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considered an eligible airport-related project for purposes 
of section 40117 of such title. 
(d) SELECTION CRITERIA.—In selecting among ap-
plicants for participation in the program, the Secretary 
shall give priority consideration to applicants proposing to 
carry out environmental mitigation demonstration projects 
that will— 
(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts either on an absolute basis or on a per dollar 
of funds expended basis; and 
(2) be implemented by an eligible consortium. 
(e) FEDERAL SHARE.—Notwithstanding any provi-
sion of subchapter I of chapter 471 of such title, the 
United States Government share of allowable project costs 
of an environmental mitigation demonstration project car-
ried out under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not 
make grants for a single environmental mitigation dem-
onstration project under this section in a total amount 
that exceeds $2,500,000. 
(g) PUBLICATION OF INFORMATION.—The Secretary 
may develop and publish information on the results of en-
vironmental mitigation demonstration projects carried out 
under this section, including information identifying best 
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practices for reducing or mitigating aviation impacts on 
noise, air quality, or water quality in the vicinity of air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi-
ble consortium’’ means a consortium of 2 or more of 
the following entities: 
(A) A business incorporated in the United 
States. 
(B) A public or private educational or re-
search organization located in the United 
States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitiga-
tion demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport 
environmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstra-
tions; 
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(B) utilizes methods for efficient adapta-
tion or integration of innovative concepts to air-
port operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, greenhouse gas emissions, or 
water quality impacts in measurably sig-
nificant amounts. 
Subtitle F—Public Buildings 
PART 1—GENERAL SERVICES ADMINISTRATION 
SEC. 8601. PUBLIC BUILDING ENERGY EFFICIENT AND RE-
NEWABLE ENERGY SYSTEMS. 
(a) ESTIMATE OF ENERGY PERFORMANCE IN PRO-
SPECTUS.—Section 3307(b) of title 40, United States 
Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the fol-
lowing: 
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(i) 2 nominated for that appointment 
by the chairman of the Committee on 
Transportation and Infrastructure of the 
House of Representatives; and 
(ii) 2 nominated for that appointment 
by the chairman of the Committee Natural 
Resources of the House of Representatives. 
(C) 2 members appointed by the majority 
leader of the Senate from a list of 4 individ-
uals— 
(i) 2 nominated for that appointment 
by the chairman of the Committee on En-
vironment and Public Works of the Senate; 
and 
(ii) 2 nominated for that appointment 
by the chairman of the Committee on En-
ergy and Natural Resources of the Senate. 
(D) One member appointed by the minor-
ity leader of the House of Representatives from 
a list of 2 individuals— 
(i) one nominated for that appoint-
ment by the ranking member of the Com-
mittee on Transportation and Infrastruc-
ture of the House of Representatives; and 
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485 
(ii) one nominated for that appoint-
ment by the ranking member of the Com-
mittee on Natural Resources of the Senate. 
(E) 1 member appointed by the minority 
leader of the Senate from a list of 2 individ-
uals— 
(i) one nominated for that appoint-
ment by the ranking member of the Com-
mittee on Environment and Public Works 
of the Senate; and 
(ii) one nominated for that appoint-
ment by the ranking member of the Com-
mittee on Energy and Natural Resources 
of the Senate. 
(2) QUALIFICATIONS.— 
(A) RECOGNIZED STANDING AND DISTINC-
TION.—Members shall be appointed to the 
Commission from among individuals who are of 
recognized standing and distinction in water 
policy issues. 
(B) LIMITATION.—A person while serving 
as a member of the Commission may not hold 
any other position as an officer or employee of 
the United States, except as a retired officer or 
retired civilian employee of the United States. 
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486 
(C) OTHER CONSIDERATIONS.—In appoint-
ing members of the Commission, every effort 
shall be made to ensure that the members rep-
resent a broad cross section of regional and 
geographical perspectives in the United States. 
(3) CHAIRPERSON.—The Chairperson of the 
Commission shall be elected by a majority vote of 
the members of the Commission. 
(4) TERMS.—Members of the Commission shall 
serve for the life of the Commission. 
(5) VACANCIES.—A vacancy on the Commission 
shall not affect its operation and shall be filled in 
the manner in which the original appointment was 
made. 
(6) COMPENSATION AND TRAVEL EXPENSES.— 
Members of the Commission shall serve without 
compensation; except that members shall receive 
travel expenses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions under 
subchapter I of chapter 57, United States Code. 
(d) MEETINGS AND QUORUM.— 
(1) MEETINGS.—The Commission shall hold its 
first meeting not later than 60 days after the date 
on which all original members are appointed under 
subsection (c) and shall hold additional meetings at 
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487 
the call of the Chairperson or a majority of its mem-
bers. 
(2) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum for the 
transaction of business. 
(e) DIRECTOR AND STAFF.— 
(1) DIRECTOR.—The Commission shall have a 
Director who shall be appointed by the Speaker of 
the House of Representatives and the majority lead-
er of the Senate, in consultation with the minority 
leader of the House of Representatives, the chairmen 
of the Committees on Resources and Transportation 
and Infrastructure of the House of Representatives, 
the minority leader of the Senate, and the chairmen 
of the Committee on Energy and Natural Resources 
and Environment and Public Works of the Senate. 
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission 
may be appointed without regard to the provisions 
of title 5, United States Code, governing appoint-
ments in the competitive service, and may be paid 
without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates; except 
that an individual so appointed may not receive pay 
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in excess of the annual rate of basic pay for GS–15 
of the General Schedule. 
(f) HEARINGS.— 
(1) MINIMUM NUMBER.—The Commission shall 
hold no fewer than 10 hearings during the life of the 
Commission. 
(2) IN CONJUNCTION WITH MEETINGS.—Hear-
ings may be held in conjunction with meetings of the 
Commission. 
(3) TESTIMONY AND EVIDENCE.—The Commis-
sion may take such testimony and receive such evi-
dence as the Commission considers appropriate to 
carry out this section. 
(4) SPECIFIED.—At least one hearing shall be 
held in Washington, District of Columbia, for the 
purpose of taking testimony of representatives of 
Federal agencies, national organizations, and Mem-
bers of Congress. At least one hearing shall focus on 
potential water resource issues relating to climate 
change and how to mitigate the harms of climate 
change-related weather events. 
(5) 
NONSPECIFIED.—Hearings, 
other 
than 
those referred to in paragraph (4), shall be sched-
uled in distinct geographical regions of the United 
States. In conducting such hearings, the Commission 
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503 
conditions. Any standards set for any such region shall 
achieve the maximum level of energy savings that are tech-
nically feasible and economically justified within that re-
gion. As a preliminary step to determining the economic 
justifiability of establishing any such regional standard, 
the Secretary shall conduct a study involving stakeholders, 
including but not limited to a representative from the Na-
tional Institute of Standards and Technology; representa-
tives of nongovernmental advocacy organizations; rep-
resentatives of product manufacturers, distributors, and 
installers; representatives of the gas and electric utility in-
dustries; and such other individuals as the Secretary may 
designate. Such study shall determine the potential bene-
fits and consequences of prescribing regional standards for 
heating and cooling products, and may, if favorable to 
such standards, constitute the evidence of economic justifi-
ability required under this Act. Regional boundaries shall 
follow State borders and only include contiguous States 
(except Alaska and Hawaii), except that on the request 
of a State, the Secretary may divide that State to include 
a part of that State in each of two regions. 
‘‘(B) If the Secretary establishes regional standards, 
it shall be unlawful under section 332 to offer for sale 
at retail, sell at retail, or install noncomplying products 
except within the specified regions. 
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504 
‘‘(C)(i) Except as provided in clause (ii), no product 
manufactured to a regional standard established pursuant 
to subparagraph (A) shall be distributed in commerce 
without a prominent label affixed to the product which in-
cludes at the top of the label, in print of not less than 
14-point type, the following: ‘It is a violation of Federal 
law for this product to be installed in any State outside 
the region shaded on the map printed on this label.’. 
Below this notice shall appear a map of the United States 
with clearly defined State boundaries and names, and with 
all States in which the product meets or exceeds the stand-
ard established pursuant to subparagraph (A) shaded in 
a color or a manner as to be easily visible without obscur-
ing the State boundaries and names. Below the map shall 
be printed on each label the following: ‘It is a violation 
of Federal law for this label to be removed, except by the 
owner and legal resident of any single-family home in 
which this product is installed.’. 
‘‘(ii) A product manufactured that meets or exceeds 
all regional standards established under this paragraph 
shall bear a prominent label affixed to the product which 
includes at the top of the label, in print of not less than 
14-point type the following: ‘This product has achieved an 
energy efficiency rating under Federal law allowing its in-
stallation in any State.’. 
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505 
‘‘(D) Manufacturers of space heating and air condi-
tioning equipment subject to regional standards estab-
lished under this paragraph shall obtain and retain 
records on the intended installation locations of the equip-
ment sold, and shall make such records available to the 
Secretary on request.’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 342(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 6313(a)) 
is amended by adding at the end the following new para-
graph: 
‘‘(10)(A) The Secretary may establish regional stand-
ards for space heating and air conditioning products sub-
ject to this subsection. For each space heating and air con-
ditioning product, the Secretary may establish a national 
minimum standard and two more stringent regional stand-
ards for regions determined to have significantly differing 
climatic conditions. Any standards set for any such region 
shall achieve the maximum level of energy savings that 
are technically feasible and economically justified within 
that region. Regional boundaries shall follow State borders 
and only include contiguous States (except Alaska and 
Hawaii), except that on the request of a State, the Sec-
retary may divide that State to include a part of that State 
in each of two regions. 
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‘‘(B) If the Secretary establishes regional standards, 
it shall be unlawful under section 345 to offer for sale 
at retail, sell at retail, or install noncomplying products 
except within the specified regions. 
‘‘(C) Manufacturers of space heating and air condi-
tioning equipment subject to regional standards estab-
lished under this paragraph shall obtain and retain 
records on the intended installation locations of the equip-
ment sold, and shall make such records available to the 
Secretary on request.’’. 
SEC. 9005. PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS. 
Section 325(p) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6925(p)) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2) through 
(4) as paragraphs (1) through (3), respectively. 
SEC. 
9006. 
EXPEDITING 
APPLIANCE 
STANDARDS 
RULEMAKINGS. 
(a) DIRECT FINAL RULE.—Section 325(p) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295(p)) is 
amended by adding a new paragraph (4) as follows: 
‘‘(4) If manufacturers of any type (or class) of 
covered products or covered equipment, States, and 
efficiency advocates, or persons determined by the 
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Secretary to fully represent such parties, submit to 
the Secretary a joint recommendation of an energy 
or water conservation standard and the Secretary 
determines that the recommended standard complies 
with subsection (o) or section 342(a)(6)(B), as appli-
cable, to that type (or class) of covered products or 
covered equipment to which the standard would 
apply, the Secretary may then issue a direct final 
rule including the standard recommended. If the 
Secretary determines that a direct final rule cannot 
be issued based on such a submitted joint rec-
ommendation, the Secretary shall publish a deter-
mination with an explanation as to why the joint 
recommendation does not comply with this para-
graph. For purposes of this paragraph, the term ‘di-
rect final rule’ means a final rule published the same 
day with a parallel notice of proposed rulemaking 
that proposes a new or amended energy or water 
conservation standard that is identical to the stand-
ard set forth in the final rule. There shall be a 110- 
day period for public comment with respect to the 
direct final rule. Not later than 10 days after the ex-
piration of such 110-day period, the Secretary shall 
publish a notice responding to comments received 
with respect to the direct final rule. The Secretary 
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508 
shall withdraw a direct final rule promulgated pur-
suant to this paragraph within 120 days after publi-
cation in the Federal Register if the Secretary re-
ceives, with respect to the direct final rule, one or 
more adverse public comments or any alternate joint 
recommendation and, based on the rulemaking 
record, the Secretary determines that such adverse 
comments or alternate joint recommendation may 
provide a reasonable basis for withdrawing the direct 
final rule under subsection (o), section 342(a)(6)(B), 
or any applicable law. In such a case, the Secretary 
shall then proceed with the parallel notice of pro-
posed rulemaking, and shall identify in a notice pub-
lished in the Federal Register the reasons for the 
withdrawal of the direct final rule. A direct final rule 
that is withdrawn in accordance with this paragraph 
shall not be considered final for purposes of sub-
section (o)(1) of this section. No person shall be 
found in violation of this part for noncompliance 
with a direct final rule that is withdrawn under this 
paragraph, if that person has complied with the ap-
plicable standard in effect under this part imme-
diately prior to issuance of that direct final rule.’’. 
(b) CONFORMING AMENDMENT.— Section 345(b)(1) 
of the Energy Policy and Conservation Act (42 U.S.C. 
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than 240,000 Btu per hour (cooling capacity), shall 
be 8.6. 
‘‘(E) The minimum energy efficiency ratio of 
single package vertical heat pumps less than 65,000 
Btu per hour (cooling capacity), single-phase, shall 
be 9.0; and the minimum coefficient of performance 
in the heating mode shall be 3.0. 
‘‘(F) The minimum energy efficiency ratio of 
single package vertical heat pumps less than 65,000 
Btu per hour (cooling capacity), three-phase, shall 
be 9.0; and the minimum coefficient of performance 
in the heating mode shall be 3.0. 
‘‘(G) The minimum energy efficiency ratio of 
single package vertical heat pumps at or above 
65,000 Btu per hour (cooling capacity) but less than 
135,000 Btu per hour (cooling capacity), shall be 
8.9; and the minimum coefficient of performance in 
the heating mode shall be 3.0. 
‘‘(H) The minimum energy efficiency ratio of 
single package vertical heat pumps at or above 
135,000 Btu per hour (cooling capacity) but less 
than 240,000 Btu per hour (cooling capacity), shall 
be 8.6; and the minimum coefficient of performance 
in the heating mode shall be 2.9. 
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‘‘(12) Not later than 36 months after the date of en-
actment of this paragraph, the Secretary shall review the 
most recently published ASHRAE/IES Standard 90.1 
with respect to single package vertical air conditioners and 
single package vertical heat pumps according to the proce-
dures established in paragraph (6).’’. 
SEC. 9008. DEFINITION OF ENERGY CONSERVATION STAND-
ARD. 
Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended by striking paragraph 
(6) and inserting the following: 
‘‘(6) ENERGY CONSERVATION STANDARD.— 
‘‘(A) IN GENERAL.—The term ‘energy con-
servation standard’ means 1 or more perform-
ance standards that— 
‘‘(i) for covered products (excluding 
clothes washers, dishwashers, showerheads, 
faucets, water closets, and urinals), pre-
scribe a minimum level of energy efficiency 
or a maximum quantity of energy use, de-
termined in accordance with test proce-
dures prescribed under section 323; 
‘‘(ii) for showerheads, faucets, water 
closets, and urinals, prescribe a minimum 
level of water efficiency or a maximum 
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quantity of water use, determined in ac-
cordance with test procedures prescribed 
under section 323; and 
‘‘(iii) for clothes washers and dish-
washers— 
‘‘(I) prescribe a minimum level of 
energy efficiency or a maximum quan-
tity of energy use, determined in ac-
cordance with test procedures pre-
scribed under section 323; and 
‘‘(II) may include a minimum 
level of water efficiency or a maximum 
quantity of water use, determined in 
accordance with those test procedures. 
‘‘(B) INCLUSIONS.—The term ‘energy con-
servation standard’ includes— 
‘‘(i) 1 or more design requirements, if 
the requirements were established— 
‘‘(I) on or before the date of en-
actment of this subclause; or 
‘‘(II) as part of a consensus 
agreement under section 325(p)(5); 
and 
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‘‘(ii) any other requirements that the 
Secretary may prescribe under section 
325(r). 
‘‘(C) EXCLUSION.—The term ‘energy con-
servation standard’ does not include a perform-
ance standard for a component of a finished 
covered product, unless regulation of the com-
ponent is authorized or established pursuant to 
this title.’’. 
SEC. 9009. IMPROVING SCHEDULE FOR STANDARDS UPDAT-
ING AND CLARIFYING STATE AUTHORITY. 
(a) CONSUMER APPLIANCES.—Section 325(m) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(m)) 
is amended to read as follows: 
‘‘(m) FURTHER RULEMAKING.—(1) Not later than 6 
years after issuance of any final rule establishing or 
amending a standard, as required for a product under this 
part, the Secretary shall publish either— 
‘‘(A) a notice of the Secretary’s determination 
that standards for that product do not need to be 
amended, based on the criteria in subsection (n)(2); 
or 
‘‘(B) a notice of proposed rulemaking including 
new proposed standards based on the criteria in sub-
section (o) and the procedures in subsection (p). 
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In either case, the Secretary shall also publish a notice 
stating that the Department’s analysis is publicly avail-
able, and provide opportunity for written comment. 
‘‘(2) Not later than 2 years after a notice is issued 
under paragraph (1)(B), the Secretary shall publish a 
final rule amending the standard for the product. Not 
later than 3 years after a determination under paragraph 
(1)(A), the Secretary shall make a new determination and 
publication under paragraph (1)(A) or (B). 
‘‘(3) An amendment prescribed under this subsection 
shall apply to products manufactured after a date which 
is 3 years after publication of the final rule establishing 
a standard, except that a manufacturer shall not be re-
quired to apply new standards to a product with respect 
to which other new standards have been required within 
the prior 6 years. 
‘‘(4) The Secretary shall promptly submit to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
‘‘(A) a progress report every 180 days on com-
pliance with this section, including a specific plan to 
remedy any failures to comply with deadlines for ac-
tion set forth in this section; and 
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‘‘(7) The terms ‘electric utility’, ‘State regu-
lated electric utility’, ‘nonregulated electric utility’ 
and other terms used in this Part have the same 
meanings as when such terms are used in title I of 
the Public Utility Regulatory Policies Act of 1978 
(relating to retail regulatory policies for electric utili-
ties). 
‘‘SEC. 373. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE
WASTE-ENERGY
INVENTORY 
PROGRAM.—The Administrator, in cooperation with State 
energy offices, shall establish a Recoverable Waste-Energy 
Inventory Program. The program shall include an ongoing 
survey of all major industrial and large commercial com-
bustion sources in the United States and the sites where 
these are located, together with a review of each for quan-
tity and quality of waste energy. 
‘‘(b) CRITERIA.—The Administrator shall, within 120 
days after the enactment of this section, develop and pub-
lish proposed criteria subject to notice and comment, and 
within 270 days of enactment, establish final criteria, to 
identify and designate those sources and sites in the inven-
tory under subsection (a) where recoverable waste energy 
projects or combined heat and power system projects may 
have economic feasibility with a payback of invested costs 
within 5 years or less from the date of first full project 
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operation (including incentives offered under this Part). 
Such criteria will include standards that insure that 
projects proposed for inclusion in the Registry are not de-
veloped for the primary purpose of making sales of excess 
electric power under the regulatory treatment provided 
under this Part. 
‘‘(c) TECHNICAL SUPPORT.—The Administrator shall 
provide to owners or operators of combustion sources tech-
nical support and offer partial funding (up to one-half of 
total costs) for feasibility studies to confirm whether or 
not investment in recovery of waste energy or combined 
heat and power at that source would offer a payback pe-
riod of 5 years or less. 
‘‘(d) REGISTRY.—(1) The Administrator shall, within 
one year after the enactment of this section, establish a 
Registry of Recoverable Waste-energy Sources, and sites 
on which those sources are located, which meet the criteria 
set forth under subsection (b). The Administrator shall 
update the Registry on not less than a monthly basis, and 
make the Registry accessible to the public on the Environ-
mental Protection Agency web site. Any State or electric 
utility may contest the listing of any source or site by sub-
mitting a petition to the Administrator. 
‘‘(2) The Administrator shall register and include on 
the Registry all sites meeting the criteria of subsection (b). 
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The Administrator shall calculate the total amounts of po-
tentially recoverable waste energy from sources at such 
sites, nationally and by State, and shall make such totals 
public, together with information on the air pollutant and 
greenhouse gas emissions savings that might be achieved 
with recovery of the waste energy from all sources and 
sites listed in the Registry. 
‘‘(3) The Administrator shall notify owners or opera-
tors of Recoverable Waste-Energy Sources and sites listed 
in the Registry prior to publishing the listing. The owner 
or operator of sources at such sites may elect to have de-
tailed quantitative information concerning that site not 
made public by notifying the Administrator of that elec-
tion. Information concerning that site shall be included in 
State totals unless there are fewer than 3 sites in the 
State. 
‘‘(4) As waste energy projects achieve successful re-
covery of waste energy, the Administrator shall remove the 
related sites or sources from the Registry, and shall des-
ignate the removed projects as eligible for the incentive 
provisions provided under this Part and the regulatory 
treatment required by this Part. No project shall be re-
moved from the Registry without the consent of the owner 
or operator of the project if the owner or operator has 
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submitted a petition under section 375 and such petition 
has not been acted upon or denied. 
‘‘(5) The Administrator shall not list any source con-
structed after the date of the enactment of this Part on 
the Registry if the Administrator determines that such 
source— 
‘‘(A) was developed for the primary purpose of 
making sales of excess electric power under the reg-
ulatory treatment provided under this Part; or 
‘‘(B) does not capture at least 60 percent of the 
total energy value of the fuels used (on a lower-heat-
ing-value basis) in the form of useful thermal en-
ergy, electricity, mechanical energy, chemical output, 
or some combination of them. 
‘‘(e) SELF-CERTIFICATION.—Owners, operators, or 
third-party developers of industrial waste-energy projects 
that qualify under standards established by the Adminis-
trator may self-certify their sites or sources to the Admin-
istrator for inclusion in the Registry, subject to procedures 
adopted by the Administrator. To prevent a fraudulent 
listing, the sources shall be included on the Registry only 
if the Administrator confirms the submitted data, at the 
Administrator’s discretion. 
‘‘(f) NEW FACILITIES.—As a new energy-consuming 
industrial facility is developed after the enactment of this 
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Part, to the extent it may constitute a site with recover-
able waste energy that may qualify for the Registry, the 
Administrator may elect to include it in the Registry at 
the request of its owner or operator or developer on a con-
ditional basis, removing the site if its development ceases 
or it if fails to qualify for listing under this Part. 
‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site 
listed in the Registry, at the request of the owner or oper-
ator of the site, the Administrator shall offer, in coopera-
tion with Clean Energy Application Centers operated by 
the Secretary of Energy, suggestions of optimum means 
of recovery of value from waste energy stream in the form 
of electricity, useful thermal energy, or other energy-re-
lated products. 
‘‘(h) REVISION.—Each annual State report under 
section 548(a) of the National Energy Conservation Policy 
Act shall include the results of the survey for that State 
under this section. 
‘‘(i) AUTHORIZATION.—There are authorized to be 
appropriated to the Administrator for the purposes of cre-
ating and maintaining the Registry and services author-
ized by this section not more than $1,000,000 for each 
of fiscal years 2008, 2009, 2010, 2010, and 2012 and not 
more than $5,000,000 to the States to provide funding 
for State energy office functions under this section. 
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635 
‘‘SEC. 374. WASTE ENERGY RECOVERY INCENTIVE GRANT 
PROGRAM. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—There is es-
tablished in the Environmental Protection Agency a Waste 
Energy Recovery Incentive Grant Program to provide in-
centive grants to owners and operators of projects that 
successfully produce electricity or incremental useful ther-
mal energy from waste energy recovery (and to utilities 
purchasing or distributing such electricity) and to reward 
States that have achieved 80 percent or more of identified 
waste-heat recovery opportunities. 
‘‘(b) GRANTS TO PROJECTS AND UTILITIES.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
make grants to the owners or operators of waste en-
ergy recovery projects, and, in the case of excess 
power purchased or transmitted by a electric utility, 
to such utility. Grants may only be made upon re-
ceipt of proof of waste energy recovery or excess 
electricity generation, or both, from the project in a 
form prescribed by the Administrator, by rule. 
‘‘(2) EXCESS ELECTRIC ENERGY.—In the case 
of waste energy recovery, the grants under this sec-
tion shall be made at the rate of $10 per megawatt 
hour of documented electricity produced from recov-
ered waste energy (or by prevention of waste energy 
in the case of a new facility) by the project during 
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the first 3 calendar years of such production, begin-
ning on or after the date of enactment of this Part. 
If the project produces net excess power and an elec-
tric utility purchases or transmits the excess power, 
50 percent of so much of such grant as is attrib-
utable to the net excess power shall be paid to the 
electric utility purchasing or transporting the net ex-
cess power. 
‘‘(3) USEFUL THERMAL ENERGY.—In the case 
of waste energy recovery that produces useful ther-
mal energy that is used for a purpose different from 
that for which the project is principally designed, the 
grants under this section shall be made to the owner 
or operator of the waste energy recovery project at 
the rate of $10 for each 3,412,000 Btus of such ex-
cess thermal energy used for such different purpose. 
‘‘(c) GRANTS TO STATES.—In the case of States that 
have achieved 80 percent or more of waste-heat recovery 
opportunities identified by the Administrator under this 
Part, the Administrator shall make grants to the States 
of up to $1,000 per Megawatt of waste-heat capacity re-
covered (or its thermal equivalent) to support State-level 
programs to identify and achieve additional energy effi-
ciency. 
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637 
‘‘(d) ELIGIBILITY.—The Administrator shall estab-
lish rules and guidelines to establish eligibility for grants, 
shall make the grant program known to those listed in 
the Registry, and shall offer such grants on the basis of 
the merits of each project in recovering or preventing 
waste energy throughout the United States on an impar-
tial, objective, and not unduly discriminatory basis. 
‘‘(e) AUTHORIZATION.—(1) There is authorized to be 
appropriated to the Administrator $100,000,000 for fiscal 
year 2008, and $200,000,000 for each of fiscal years 
2009, 2010, 2011, and 2012 for grants under subsection 
(b) of this section, and such additional amounts during 
those years and thereafter as may be necessary for admin-
istration of the Waste Energy Recovery Incentive Grant 
Program. 
‘‘(2) There is authorized to be appropriated to the 
Administrator not more than $10,000,000 for each of the 
first five fiscal years after the enactment of this Part, to 
be available until expended for purposes of grants to 
States under subsection (c). 
‘‘SEC. 375. ADDITIONAL INCENTIVES FOR RECOVERY, UTILI-
ZATION AND PREVENTION OF INDUSTRIAL 
WASTE ENERGY. 
‘‘(a) CONSIDERATION
OF
STANDARD.—Not later 
than 180 days after the receipt by a State regulatory au-
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thority (with respect to each electric utility for which it 
has ratemaking authority), or nonregulated electric utility, 
of a request from a project sponsor or owner or operator, 
the State regulatory authority or nonregulated electric 
utility shall provide public notice and conduct a hearing 
respecting the standard established by subsection (b) and, 
on the basis of such hearing, shall consider and make a 
determination whether or not it is appropriate to imple-
ment such standard to carry out the purposes of this Part. 
For purposes of any such determination and any review 
of such determination in any court the purposes of this 
section supplement otherwise applicable State law. Noth-
ing in this Part prohibits any State regulatory authority 
or nonregulated electric utility from making any deter-
mination that it is not appropriate to adopt any such 
standard, pursuant to its authority under otherwise appli-
cable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.— 
For purposes of this section, the standard referred to in 
subsection (a) shall provide that an owner or operator of 
a waste energy recovery project identified on the Registry 
who generates net excess power shall be eligible to benefit 
from at least one of the options described in subsection 
(c) for disposal of the net excess power in accordance with 
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the rate conditions and limitations described in subsection 
(d). 
‘‘(c) OPTIONS.—The options referred to in subsection 
(b) are as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTIL-
ITY.—The electric utility shall purchase the net ex-
cess power from the owner or operator of the eligible 
waste-energy recovery project during the operation 
of the project under a contract entered into for that 
purpose. 
‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE 
TO THIRD PARTY.—The electric utility shall transmit 
the net excess power on behalf of the project owner 
or operator to up to three separate locations on that 
utility’s system for direct sale by that owner or oper-
ator to third parties at such locations. 
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION 
LINES.—The State and the electric utility shall per-
mit, and shall waive or modify such laws as would 
otherwise prohibit, the construction and operation of 
private electric wires constructed, owned and oper-
ated by the project owner or operator, to transport 
such power to up to 3 purchasers within a 3-mile ra-
dius of the project, allowing such wires to utilize or 
cross public rights-of-way, without subjecting the 
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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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regulatory authority (with respect to each electric utility 
for which it has ratemaking authority) and each nonregu-
lated utility shall commence a reconsideration under sec-
tion 111, or set a hearing date for reconsideration, with 
respect to the standards established by paragraphs (3) 
and (14) of section 111(d) to take into account Smart 
Grid technologies. Not later than 2 years after the date 
of the enactment of this subsection, each State regulatory 
authority (with respect to each electric utility for which 
it has ratemaking authority), and each nonregulated elec-
tric utility, shall complete the reconsideration, and shall 
make the determination, referred to in section 111 with 
respect to the standards established by paragraphs (3) 
and (14) of section 111(d).’’. 
(c) COMPLIANCE.— 
(1) TIME LIMITATIONS.—Section 112(b) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622(b)) is amended by adding the following 
at the end thereof: 
‘‘(6)(A) Not later than 1 year after the enactment 
of this paragraph, but not less than 3 years after the con-
clusion of any prior review of such standards, each State 
regulatory authority (with respect to each electric utility 
for which it has ratemaking authority) and each nonregu-
lated utility shall commence the consideration referred to 
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in section 111, or set a hearing date for consideration, 
with respect to the standards established by paragraphs 
(16) through (18) of section 111(d). Not later than 6 
months after the promulgation of rules by the Commission 
on Grid Modernization under section 9116(b) of the Smart 
Grid Facilitation Act of 2007, each State regulatory au-
thority (with respect to each electric utility for which it 
has ratemaking authority) and each nonregulated utility 
shall commence the consideration referred to in section 
111, or set a hearing date for consideration, with respect 
to the standard established by paragraph (19) of section 
111(d). 
‘‘(B) Not later than 2 years after the date of 
the enactment of the this paragraph, but not less 
than 4 years after the conclusion of any prior review 
of such standard, each State regulatory authority 
(with respect to each electric utility for which it has 
ratemaking authority), and each nonregulated elec-
tric utility, shall complete the consideration, and 
shall make the determination, referred to in section 
111 with respect to each standard established by 
paragraphs (16) through (18) of section 111(d). Not 
later than 18 months after the promulgation of rules 
by the Commission on Grid Modernization under 
section 9116(b) of the Smart Grid Facilitation Act 
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