IB 
Union Calendar No. 122 
109TH CONGRESS 
1ST SESSION H. R. 1640 
[Report No. 109–215, Part I] 
To ensure jobs for our future with secure and reliable energy. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2005 
Mr. BARTON of Texas (for himself, Mr. HALL, Mr. UPTON, Mr. STEARNS, 
Mrs. CUBIN, Mr. SHIMKUS, Mr. PICKERING, Mr. BLUNT, Mr. BUYER, 
Mr. RADANOVICH, Mr. PITTS, Mr. TERRY, and Mr. ROGERS of Michigan) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Science, Re-
sources, Education and the Workforce, Transportation and Infrastruc-
ture, Financial Services, and Agriculture, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
JULY 29, 2005 
Additional sponsors: Mr. OTTER and Mr. BURGESS 
JULY 29, 2005 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 29, 2005 
Committees on Science, Resources, Education and the Workforce, Transpor-
tation and Infrastructure, Financial Services, and Agriculture discharged; 
committed to the Committee of the Whole House on the State of the 
Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April 14, 2005] 
A BILL 
To ensure jobs for our future with secure and reliable energy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘En-
ergy Policy Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
the bill is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
Sec. 101. Energy and water saving measures in congressional buildings. 
Sec. 102. Energy management requirements. 
Sec. 103. Energy use measurement and accountability. 
Sec. 104. Procurement of energy efficient products. 
Sec. 105. Energy Savings Performance Contracts. 
Sec. 107. Voluntary commitments to reduce industrial energy intensity. 
Sec. 108. Advanced Building Efficiency Testbed. 
Sec. 109. Federal building performance standards. 
Sec. 110. Daylight savings. 
Subtitle B—Energy Assistance and State Programs 
Sec. 121. Low Income Home Energy Assistance Program. 
Sec. 122. Weatherization assistance. 
Sec. 123. State energy programs. 
Sec. 124. Energy efficient appliance rebate programs. 
Sec. 125. Energy efficient public buildings. 
Sec. 126. Low income community energy efficiency pilot program. 
Subtitle C—Energy Efficient Products 
Sec. 131. Energy Star Program. 
Sec. 132. HVAC maintenance consumer education program. 
Sec. 133. Energy conservation standards for additional products. 
Sec. 134. Energy labeling.
Sec. 135. Preemption. 
Sec. 136. State consumer product energy efficiency standards. 
Subtitle D—Public Housing 
Sec. 145. Grants for energy-conserving improvements for assisted housing. 
Sec. 147. Energy-efficient appliances. 
Sec. 149. Energy strategy for HUD. 
TITLE II—RENEWABLE ENERGY 
Subtitle A—General Provisions 
Sec. 201. Assessment of renewable energy resources. 
Sec. 202. Renewable energy production incentive. 
Sec. 203. Federal purchase requirement. 
Sec. 204. Insular areas energy security. 
Sec. 205. Use of photovoltaic energy in public buildings. 
Sec. 206. Grants to improve the commercial value of forest biomass for electric 
energy, useful heat, transportation fuels, petroleum-based prod-
uct substitutes, and other commercial purposes. 
Sec. 207. Biobased products. 
Sec. 208. Renewable energy security. 
Subtitle C—Hydroelectric 
PART I—ALTERNATIVE CONDITIONS 
Sec. 231. Alternative conditions and fishways. 
PART II—ADDITIONAL HYDROPOWER 
Sec. 241. Hydroelectric production incentives. 
Sec. 242. Hydroelectric efficiency improvement. 
Sec. 243. Small hydroelectric power projects. 
Sec. 244. Increased hydroelectric generation at existing Federal facilities. 
Sec. 245. Shift of project loads to off-peak periods. 
TITLE III—OIL AND GAS 
Subtitle A—Petroleum Reserve and Home Heating Oil 
Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and 
other energy programs. 
Sec. 302. National Oilheat Research Alliance. 
Sec. 303. Site selection. 
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries. 
Subtitle B—Production Incentives 
Sec. 320. Liquefaction or gasification natural gas terminals. 
Sec. 327. Hydraulic fracturing. 
Sec. 330. Appeals relating to pipeline construction or offshore mineral develop-
ment projects. 
Sec. 333. Natural gas market transparency. 
Subtitle C—Access to Federal Land 
Sec. 344. Consultation regarding oil and gas leasing on public land.
Sec. 346. Compliance with executive order 13211; actions concerning regulations 
that significantly affect energy supply, distribution, or use. 
Sec. 350. Energy facility rights-of-way and corridors on Federal land. 
Sec. 355. Encouraging Great Lakes oil and gas drilling ban. 
Sec. 358. Federal coalbed methane regulation. 
Subtitle D—Refining Revitalization 
Sec. 371. Short title. 
Sec. 372. Findings. 
Sec. 373. Purpose. 
Sec. 374. Designation of Refinery Revitalization Zones. 
Sec. 375. Memorandum of understanding. 
Sec. 376. State environmental permitting assistance. 
Sec. 377. Coordination and expeditious review of permitting process. 
Sec. 378. Compliance with all environmental regulations required. 
Sec. 379. Definitions. 
TITLE IV—COAL 
Subtitle A—Clean Coal Power Initiative 
Sec. 401. Authorization of appropriations. 
Sec. 402. Project criteria. 
Sec. 403. Report. 
Sec. 404. Clean Coal Centers of Excellence. 
Subtitle B—Clean Power Projects 
Sec. 411. Coal technology loan. 
Sec. 412. Coal gasification. 
Sec. 414. Petroleum coke gasification. 
Sec. 416. Electron scrubbing demonstration. 
Subtitle D—Coal and Related Programs 
Sec. 441. Clean air coal program. 
TITLE V—INDIAN ENERGY 
Sec. 501. Short title. 
Sec. 502. Office of Indian Energy Policy and Programs. 
Sec. 503. Indian energy. 
Sec. 504. Four Corners transmission line project. 
Sec. 505. Energy efficiency in federally assisted housing. 
Sec. 506. Consultation with Indian tribes. 
TITLE VI—NUCLEAR MATTERS 
Subtitle A—Price-Anderson Act Amendments 
Sec. 601. Short title. 
Sec. 602. Extension of indemnification authority. 
Sec. 603. Maximum assessment. 
Sec. 604. Department of Energy liability limit. 
Sec. 605. Incidents outside the United States. 
Sec. 606. Reports. 
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors. 
Sec. 609. Applicability. 
Sec. 610. Prohibition on assumption by United States Government of liability for 
certain foreign incidents. 
Sec. 611. Civil penalties. 
Sec. 612. Financial accountability. 
Subtitle B—General Nuclear Matters 
Sec. 621. Licenses. 
Sec. 622. NRC training program. 
Sec. 623. Cost recovery from government agencies. 
Sec. 624. Elimination of pension offset. 
Sec. 625. Antitrust review. 
Sec. 626. Decommissioning. 
Sec. 627. Limitation on legal fee reimbursement. 
Sec. 629. Report on feasibility of developing commercial nuclear energy genera-
tion facilities at existing Department of Energy sites. 
Sec. 630. Uranium sales. 
Sec. 631. Cooperative research and development and special demonstration 
projects for the uranium mining industry. 
Sec. 632. Whistleblower protection. 
Sec. 633. Medical isotope production. 
Sec. 634. Fernald byproduct material. 
Sec. 635. Safe disposal of greater-than-class c radioactive waste. 
Sec. 636. Prohibition on nuclear exports to countries that sponsor terrorism. 
Sec. 638. National uranium stockpile. 
Sec. 639. Nuclear Regulatory Commission meetings. 
Sec. 640. Employee benefits. 
Subtitle C—Additional Hydrogen Production Provisions 
Sec. 651. Hydrogen production programs. 
Sec. 652. Definitions. 
Subtitle D—Nuclear Security 
Sec. 661. Nuclear facility threats. 
Sec. 662. Fingerprinting for criminal history record checks. 
Sec. 663. Use of firearms by security personnel of licensees and certificate holders 
of the Commission. 
Sec. 664. Unauthorized introduction of dangerous weapons. 
Sec. 665. Sabotage of nuclear facilities or fuel. 
Sec. 666. Secure transfer of nuclear materials. 
Sec. 667. Department of Homeland Security consultation. 
Sec. 668. Authorization of appropriations. 
TITLE VII—VEHICLES AND FUELS 
Subtitle A—Existing Programs 
Sec. 701. Use of alternative fuels by dual-fueled vehicles. 
Sec. 704. Incremental cost allocation. 
Sec. 705. Lease condensates. 
Sec. 706. Review of Energy Policy Act of 1992 programs. 
Sec. 707. Report concerning compliance with alternative fueled vehicle purchasing 
requirements.
Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses 
PART 1—HYBRID VEHICLES 
Sec. 711. Hybrid vehicles. 
Sec. 712. Hybrid retrofit and electric conversion program. 
PART 2—ADVANCED VEHICLES 
Sec. 721. Definitions. 
Sec. 722. Pilot program. 
Sec. 723. Reports to Congress. 
Sec. 724. Authorization of appropriations. 
PART 3—FUEL CELL BUSES 
Sec. 731. Fuel cell transit bus demonstration. 
Subtitle C—Clean School Buses 
Sec. 741. Definitions. 
Sec. 742. Program for replacement of certain school buses with clean school buses. 
Sec. 743. Diesel retrofit program. 
Sec. 744. Fuel cell school buses. 
Subtitle D—Miscellaneous 
Sec. 751. Railroad efficiency. 
Sec. 752. Mobile emission reductions trading and crediting. 
Sec. 753. Aviation fuel conservation and emissions. 
Sec. 754. Diesel fueled vehicles. 
Sec. 757. Biodiesel engine testing program. 
Sec. 759. Ultra-efficient engine technology for aircraft. 
Subtitle E—Automobile Efficiency 
Sec. 771. Authorization of appropriations for implementation and enforcement of 
fuel economy standards. 
Sec. 772. Revised considerations for decisions on maximum feasible average fuel 
economy. 
Sec. 773. Extension of maximum fuel economy increase for alternative fueled ve-
hicles. 
Sec. 774. Study of feasibility and effects of reducing use of fuel for automobiles. 
TITLE VIII—HYDROGEN 
Sec. 801. Definitions. 
Sec. 802. Plan. 
Sec. 803. Programs. 
Sec. 804. Interagency task force. 
Sec. 805. Advisory Committee. 
Sec. 806. External review. 
Sec. 807. Miscellaneous provisions. 
Sec. 808. Savings clause. 
Sec. 809. Authorization of appropriations. 
Sec. 810. Solar and wind technologies.
TITLE IX—STUDIES AND PROGRAM SUPPORT 
Sec. 901. Goals. 
Sec. 902. Definitions. 
Subtitle A—Energy Efficiency 
Sec. 904. Energy efficiency. 
Sec. 905. Next Generation Lighting Initiative. 
Sec. 906. National Building Performance Initiative. 
Sec. 907. Secondary electric vehicle battery use program. 
Sec. 908. Energy efficiency study initiative. 
Sec. 909. Electric motor control technology. 
Subtitle B—Distributed Energy and Electric Energy Systems 
Sec. 911. Distributed energy and electric energy systems. 
Sec. 913. High power density industry program. 
Sec. 916. Reciprocating power. 
Sec. 917. Advanced portable power devices. 
Subtitle C—Renewable Energy 
Sec. 918. Renewable energy. 
Sec. 919. Bioenergy programs. 
Sec. 920. Concentrating solar power study program. 
Sec. 921. Miscellaneous projects. 
Sec. 922. Renewable energy in public buildings. 
Sec. 923. University biodiesel program. 
Subtitle D—Nuclear Energy 
Sec. 929. Alternatives to industrial radioactive sources. 
Sec. 930. Geological isolation of spent fuel. 
Subtitle E—Fossil Energy 
PART I—STUDIES AND PROGRAM SUPPORT 
Sec. 931. Fossil energy. 
Sec. 932. Oil and gas studies. 
Sec. 933. Technology transfer. 
Sec. 934. Coal mining technologies. 
Sec. 935. Coal and related technologies program. 
Sec. 936. Complex Well Technology Testing Facility. 
PART II—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER 
PETROLEUM RESOURCES 
Sec. 941. Program authority. 
Sec. 942. Ultra-deepwater Program. 
Sec. 943. Unconventional natural gas and other petroleum resources Program. 
Sec. 944. Additional requirements for awards. 
Sec. 945. Advisory committees. 
Sec. 946. Limits on participation. 
Sec. 947. Sunset. 
Sec. 948. Definitions. 
Sec. 949. Funding.
Subtitle F—Energy Sciences 
Sec. 953. Plan for Fusion Energy Sciences Program. 
Sec. 954. Spallation Neutron Source. 
Sec. 962. Nitrogen fixation. 
Subtitle G—Energy and environment 
Sec. 966. Waste reduction and use of alternatives. 
Sec. 967. Report on fuel cell test center. 
Sec. 968. Arctic Engineering Research Center. 
Sec. 970. Western Michigan demonstration project. 
Sec. 971. Low-cost hydrogen propulsion and infrastructure. 
Sec. 972. Carbon-based fuel cell development. 
Subtitle H—International Cooperation 
Sec. 981. United States-Israel cooperation. 
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 
Sec. 1001. Additional Assistant Secretary position. 
Sec. 1002. Other transactions authority. 
Sec. 1003. University collaboration. 
Sec. 1004. Sense of Congress. 
TITLE XII—ELECTRICITY 
Sec. 1201. Short title. 
Subtitle A—Reliability Standards 
Sec. 1211. Electric reliability standards. 
Subtitle B—Transmission Infrastructure Modernization 
Sec. 1221. Siting of interstate electric transmission facilities. 
Sec. 1222. Third-party finance. 
Sec. 1223. Transmission system monitoring. 
Sec. 1224. Advanced transmission technologies. 
Sec. 1225. Electric transmission and distribution programs. 
Sec. 1226. Advanced Power System Technology Incentive Program. 
Sec. 1227. Office of Electric Transmission and Distribution. 
Subtitle C—Transmission Operation Improvements 
Sec. 1231. Open nondiscriminatory access. 
Sec. 1232. Sense of Congress on Regional Transmission Organizations. 
Sec. 1233. Regional Transmission Organization applications progress report. 
Sec. 1234. Federal utility participation in Regional Transmission Organizations. 
Sec. 1235. Standard market design. 
Sec. 1236. Native load service obligation. 
Sec. 1237. Study on the benefits of economic dispatch. 
Subtitle D—Transmission Rate Reform 
Sec. 1241. Transmission infrastructure investment.
Subtitle E—Amendments to PURPA 
Sec. 1251. Net metering and additional standards. 
Sec. 1252. Smart metering. 
Sec. 1253. Cogeneration and small power production purchase and sale require-
ments. 
Sec. 1254. Interconnection. 
Subtitle F—Repeal of PUHCA 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935. 
Sec. 1264. Federal access to books and records. 
Sec. 1265. State access to books and records. 
Sec. 1266. Exemption authority. 
Sec. 1267. Affiliate transactions. 
Sec. 1268. Applicability. 
Sec. 1269. Effect on other regulations. 
Sec. 1270. Enforcement. 
Sec. 1271. Savings provisions. 
Sec. 1272. Implementation. 
Sec. 1273. Transfer of resources. 
Sec. 1274. Effective date. 
Sec. 1275. Service allocation. 
Sec. 1276. Authorization of appropriations. 
Sec. 1277. Conforming amendments to the Federal Power Act. 
Subtitle G—Market Transparency, Enforcement, and Consumer Protection 
Sec. 1281. Market transparency rules. 
Sec. 1282. Market manipulation. 
Sec. 1283. Enforcement. 
Sec. 1284. Refund effective date. 
Sec. 1285. Refund authority. 
Sec. 1286. Sanctity of contract. 
Sec. 1287. Consumer privacy and unfair trade practices. 
Subtitle H—Merger Reform 
Sec. 1291. Merger review reform and accountability. 
Sec. 1292. Electric utility mergers. 
Subtitle I—Definitions 
Sec. 1295. Definitions. 
Subtitle J—Technical and Conforming Amendments 
Sec. 1297. Conforming amendments. 
Subtitle K—Economic Dispatch 
Sec. 1298. Economic dispatch.
TITLE XIV—MISCELLANEOUS 
Subtitle C—Other Provisions 
Sec. 1441. Continuation of transmission security order. 
Sec. 1442. Review of agency determinations. 
Sec. 1443. Attainment dates for downwind ozone nonattainment areas. 
Sec. 1444. Energy production incentives. 
Sec. 1446. Regulation of certain oil used in transformers. 
Sec. 1447. Risk assessments. 
Sec. 1448. Oxygen-fuel. 
Sec. 1449. Petrochemical and oil refinery facility health assessment. 
TITLE XV—ETHANOL AND MOTOR FUELS 
Subtitle A—General Provisions 
Sec. 1501. Renewable content of motor vehicle fuel. 
Sec. 1502. Fuels safe harbor. 
Sec. 1503. Findings and MTBE transition assistance. 
Sec. 1504. Use of MTBE. 
Sec. 1505. National Academy of Sciences review and presidential determination. 
Sec. 1506. Elimination of oxygen content requirement for reformulated gasoline. 
Sec. 1507. Analyses of motor vehicle fuel changes. 
Sec. 1508. Data collection. 
Sec. 1509. Reducing the proliferation of State fuel controls. 
Sec. 1510. Fuel system requirements harmonization study. 
Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic bio-
mass loan guarantee program. 
Sec. 1512. Cellulosic biomass and waste-derived ethanol conversion assistance. 
Sec. 1513. Blending of compliant reformulated gasolines. 
Subtitle B—Underground Storage Tank Compliance 
Sec. 1521. Short title. 
Sec. 1522. Leaking underground storage tanks. 
Sec. 1523. Inspection of underground storage tanks. 
Sec. 1524. Operator training. 
Sec. 1525. Remediation from oxygenated fuel additives. 
Sec. 1526. Release prevention, compliance, and enforcement. 
Sec. 1527. Delivery prohibition. 
Sec. 1528. Federal facilities. 
Sec. 1529. Tanks on Tribal lands. 
Sec. 1530. Additional measures to protect groundwater. 
Sec. 1531. Authorization of appropriations. 
Sec. 1532. Conforming amendments. 
Sec. 1533. Technical amendments. 
Subtitle C—Boutique Fuels 
Sec. 1541. Reducing the proliferation of boutique fuels. 
TITLE XVI—STUDIES 
Sec. 1601. Study on inventory of petroleum and natural gas storage. 
Sec. 1605. Study of energy efficiency standards. 
Sec. 1606. Telecommuting study. 
Sec. 1607. LIHEAP report.
Sec. 1608. Oil bypass filtration technology. 
Sec. 1609. Total integrated thermal systems. 
Sec. 1610. University collaboration. 
Sec. 1611. Reliability and consumer protection assessment. 
Sec. 1612. Report on energy integration with Latin America. 
Sec. 1613. Low-volume gas reservoir study. 
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS. 
(a) IN GENERAL.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN 
CONGRESSIONAL BUILDINGS. 
‘‘(a) IN GENERAL.—The Architect of the Capitol— 
‘‘(1) shall develop, update, and implement a cost- 
effective energy conservation and management plan 
(referred to in this section as the ‘plan’) for all facili-
ties administered by Congress (referred to in this sec-
tion as ‘congressional buildings’) to meet the energy 
performance requirements for Federal buildings estab-
lished under section 543(a)(1); and 
‘‘(2) shall submit the plan to Congress, not later 
than 180 days after the date of enactment of this sec-
tion. 
‘‘(b) PLAN REQUIREMENTS.—The plan shall include—
‘‘(1) a description of the life cycle cost analysis 
used to determine the cost-effectiveness of proposed en-
ergy efficiency projects; 
‘‘(2) a schedule of energy surveys to ensure com-
plete surveys of all congressional buildings every 5 
years to determine the cost and payback period of en-
ergy and water conservation measures; 
‘‘(3) a strategy for installation of life cycle cost- 
effective energy and water conservation measures; 
‘‘(4) the results of a study of the costs and bene-
fits of installation of submetering in congressional 
buildings; and 
‘‘(5) information packages and ‘how-to’ guides 
for each Member and employing authority of Congress 
that detail simple, cost-effective methods to save en-
ergy and taxpayer dollars in the workplace. 
‘‘(c) ANNUAL REPORT.—The Architect of the Capitol 
shall submit to Congress annually a report on congressional 
energy management and conservation programs required 
under this section that describes in detail— 
‘‘(1) energy expenditures and savings estimates 
for each facility; 
‘‘(2) energy management and conservation 
projects; and
‘‘(3) future priorities to ensure compliance with 
this section.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents of the National Energy Conservation Policy Act 
is amended by adding at the end of the items relating to 
part 3 of title V the following new item: 
‘‘Sec. 552. Energy and water savings measures in congressional buildings.’’. 
(c) REPEAL.—Section 310 of the Legislative Branch 
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed. 
(d) ENERGY INFRASTRUCTURE.—The Architect of the 
Capitol, building on the Master Plan Study completed in 
July 2000, shall commission a study to evaluate the energy 
infrastructure of the Capital Complex to determine how the 
infrastructure could be augmented to become more energy 
efficient, using unconventional and renewable energy re-
sources, in a way that would enable the Complex to have 
reliable utility service in the event of power fluctuations, 
shortages, or outages. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Architect of the Capitol 
to carry out subsection (d), $2,000,000 for each of fiscal 
years 2006 through 2010. 
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 
(a) ENERGY REDUCTION GOALS.— 
(1) AMENDMENT.—Section 543(a)(1) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8253(a)(1)) is amended by striking ‘‘its Federal 
buildings so that’’ and all that follows through the 
end and inserting ‘‘the Federal buildings of the agen-
cy (including each industrial or laboratory facility) 
so that the energy consumption per gross square foot 
of the Federal buildings of the agency in fiscal years 
2006 through 2015 is reduced, as compared with the 
energy consumption per gross square foot of the Fed-
eral buildings of the agency in fiscal year 2003, by 
the percentage specified in the following table: 
‘‘Fiscal Year 
Percentage reduction 
2006 ...........................................................................................................
2007 ...........................................................................................................
2008 ...........................................................................................................
2009 ...........................................................................................................
2010 ...........................................................................................................
2011 ...........................................................................................................
2012 ...........................................................................................................
2013 ...........................................................................................................
2014 ...........................................................................................................
2015 ...........................................................................................................
20.’’. 
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1) 
of section 543(a) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(a)(1)), as amended by 
this subsection, supersede all previous goals and base-
lines under such paragraph, and related reporting re-
quirements. 
(b) REVIEW AND REVISION OF ENERGY PERFORMANCE 
REQUIREMENT.—Section 543(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(a)) is further 
amended by adding at the end the following: 
‘‘(3) Not later than December 31, 2014, the Secretary 
shall review the results of the implementation of the energy 
performance requirement established under paragraph (1) 
and submit to Congress recommendations concerning en-
ergy performance requirements for fiscal years 2016 
through 2025.’’. 
(c) EXCLUSIONS.—Section 543(c)(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) is 
amended by striking ‘‘An agency may exclude’’ and all that 
follows through the end and inserting ‘‘(A) An agency may 
exclude, from the energy performance requirement for a fis-
cal year established under subsection (a) and the energy 
management requirement established under subsection (b), 
any Federal building or collection of Federal buildings, if 
the head of the agency finds that— 
‘‘(i) compliance with those requirements would 
be impracticable; 
‘‘(ii) the agency has completed and submitted all 
federally required energy management reports; 
‘‘(iii) the agency has achieved compliance with 
the energy efficiency requirements of this Act, the En-
ergy Policy Act of 1992, Executive orders, and other 
Federal law; and
‘‘(iv) the agency has implemented all practicable, 
life cycle cost-effective projects with respect to the Fed-
eral building or collection of Federal buildings to be 
excluded. 
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on— 
‘‘(i) the energy intensiveness of activities carried 
out in the Federal building or collection of Federal 
buildings; or 
‘‘(ii) the fact that the Federal building or collec-
tion of Federal buildings is used in the performance 
of a national security function.’’. 
(d) REVIEW BY SECRETARY.—Section 543(c)(2) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8253(c)(2)) is amended— 
(1) by striking ‘‘impracticability standards’’ and 
inserting ‘‘standards for exclusion’’; 
(2) by striking ‘‘a finding of impracticability’’ 
and inserting ‘‘the exclusion’’; and 
(3) by striking ‘‘energy consumption require-
ments’’ and inserting ‘‘requirements of subsections (a) 
and (b)(1)’’. 
(e) CRITERIA.—Section 543(c) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)) is further 
amended by adding at the end the following:
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guidelines 
that establish criteria for exclusions under paragraph (1).’’. 
(f) RETENTION OF ENERGY AND WATER SAVINGS.— 
Section 546 of the National Energy Conservation Policy Act 
(42 U.S.C. 8256) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) RETENTION OF ENERGY AND WATER SAVINGS.— 
An agency may retain any funds appropriated to that 
agency for energy expenditures, water expenditures, or 
wastewater treatment expenditures, at buildings subject to 
the requirements of section 543(a) and (b), that are not 
made because of energy savings or water savings. Except 
as otherwise provided by law, such funds may be used only 
for energy efficiency, water conservation, or unconventional 
and renewable energy resources projects.’’. 
(g) REPORTS.—Section 548(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 
(1) in the subsection heading, by inserting ‘‘THE 
PRESIDENT AND’’ before ‘‘CONGRESS’’; and 
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’. 
(h) CONFORMING AMENDMENT.—Section 550(d) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy reduc-
tion goals established under section 543(a).’’. 
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY. 
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is further amended by adding at 
the end the following: 
‘‘(e) METERING OF ENERGY USE.— 
‘‘(1) DEADLINE.—By October 1, 2012, in accord-
ance with guidelines established by the Secretary 
under paragraph (2), all Federal buildings shall, for 
the purposes of efficient use of energy and reduction 
in the cost of electricity used in such buildings, be me-
tered or submetered. Each agency shall use, to the 
maximum extent practicable, advanced meters or ad-
vanced metering devices that provide data at least 
daily and that measure at least hourly consumption 
of electricity in the Federal buildings of the agency. 
Such data shall be incorporated into existing Federal 
energy tracking systems and made available to Fed-
eral facility energy managers. 
‘‘(2) GUIDELINES.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary, in consultation with the 
Department of Defense, the General Services Ad-
ministration, representatives from the metering 
industry, utility industry, energy services indus-
try, energy efficiency industry, energy efficiency 
advocacy organizations, national laboratories, 
universities, and Federal facility energy man-
agers, shall establish guidelines for agencies to 
carry out paragraph (1). 
‘‘(B) REQUIREMENTS
FOR
GUIDELINES.— 
The guidelines shall— 
‘‘(i) take into consideration— 
‘‘(I) the cost of metering and sub-
metering and the reduced cost of oper-
ation and maintenance expected to re-
sult from metering and submetering; 
‘‘(II) the extent to which metering 
and submetering are expected to result 
in increased potential for energy man-
agement, increased potential for energy 
savings and energy efficiency improve-
ment, and cost and energy savings due 
to utility contract aggregation; and
‘‘(III) 
the 
measurement 
and 
verification protocols of the Depart-
ment of Energy; 
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gather 
and use the metering information to track 
and reduce energy use; 
‘‘(iii) establish priorities for types and 
locations of buildings to be metered and 
submetered based on cost-effectiveness and a 
schedule of 1 or more dates, not later than 
1 year after the date of issuance of the 
guidelines, on which the requirements speci-
fied in paragraph (1) shall take effect; and 
‘‘(iv) establish exclusions from the re-
quirements specified in paragraph (1) based 
on the de minimis quantity of energy use of 
a Federal building, industrial process, or 
structure. 
‘‘(3) PLAN.—Not later than 6 months after the 
date guidelines are established under paragraph (2), 
in a report submitted by the agency under section 
548(a), each agency shall submit to the Secretary a 
plan describing how the agency will implement the
requirements of paragraph (1), including (A) how the 
agency will designate personnel primarily responsible 
for achieving the requirements and (B) demonstration 
by the agency, complete with documentation, of any 
finding that advanced meters or advanced metering 
devices, as defined in paragraph (1), are not prac-
ticable.’’. 
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), 
as amended by section 101, is amended by adding at the 
end the following: 
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 
PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY.—The term ‘agency’ has the mean-
ing given that term in section 7902(a) of title 5, 
United States Code. 
‘‘(2) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for 
energy efficiency under an Energy Star program. 
‘‘(3) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established by
section 324A of the Energy Policy and Conservation 
Act. 
‘‘(4) FEMP DESIGNATED PRODUCT.—The term 
‘FEMP designated product’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being 
among the highest 25 percent of equivalent products 
for energy efficiency. 
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.— 
‘‘(1) REQUIREMENT.—To meet the requirements 
of an agency for an energy consuming product, the 
head of the agency shall, except as provided in para-
graph (2), procure— 
‘‘(A) an Energy Star product; or 
‘‘(B) a FEMP designated product. 
‘‘(2) EXCEPTIONS.—The head of an agency is not 
required to procure an Energy Star product or 
FEMP designated product under paragraph (1) if the 
head of the agency finds in writing that— 
‘‘(A) an Energy Star product or FEMP des-
ignated product is not cost-effective over the life 
of the product taking energy cost savings into ac-
count; or
‘‘(B) no Energy Star product or FEMP des-
ignated product is reasonably available that 
meets the functional requirements of the agency. 
‘‘(3) PROCUREMENT PLANNING.—The head of an 
agency shall incorporate into the specifications for all 
procurements involving energy consuming products 
and systems, including guide specifications, project 
specifications, and construction, renovation, and serv-
ices contracts that include provision of energy con-
suming products and systems, and into the factors for 
the evaluation of offers received for the procurement, 
criteria for energy efficiency that are consistent with 
the criteria used for rating Energy Star products and 
for rating FEMP designated products. 
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN 
FEDERAL CATALOGS.—Energy Star products and FEMP 
designated products shall be clearly identified and promi-
nently displayed in any inventory or listing of products 
by the General Services Administration or the Defense Lo-
gistics Agency. The General Services Administration or the 
Defense Logistics Agency shall supply only Energy Star 
products or FEMP designated products for all product cat-
egories covered by the Energy Star program or the Federal 
Energy Management Program, except in cases where the 
agency ordering a product specifies in writing that no En-
ergy Star product or FEMP designated product is available 
to meet the buyer’s functional requirements, or that no En-
ergy Star product or FEMP designated product is cost-effec-
tive for the intended application over the life of the product, 
taking energy cost savings into account. 
‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of electric 
motors of 1 to 500 horsepower, agencies shall select only 
premium efficient motors that meet a standard designated 
by the Secretary. The Secretary shall designate such a 
standard not later than 120 days after the date of the enact-
ment of this section, after considering the recommendations 
of associated electric motor manufacturers and energy effi-
ciency groups. 
‘‘(2) All Federal agencies are encouraged to take ac-
tions to maximize the efficiency of air conditioning and re-
frigeration equipment, including appropriate cleaning and 
maintenance, including the use of any system treatment or 
additive that will reduce the electricity consumed by air 
conditioning and refrigeration equipment. Any such treat-
ment or additive must be— 
‘‘(A) determined by the Secretary to be effective 
in increasing the efficiency of air conditioning and 
refrigeration equipment without having an adverse 
impact on air conditioning performance (including 
cooling capacity) or equipment useful life;
‘‘(B) determined by the Administrator of the En-
vironmental Protection Agency to be environmentally 
safe; and 
‘‘(C) shown to increase seasonal energy efficiency 
ratio (SEER) or energy efficiency ratio (EER) when 
tested by the National Institute of Standards and 
Technology according to Department of Energy test 
procedures without causing any adverse impact on 
the system, system components, the refrigerant or lu-
bricant, or other materials in the system. 
Results of testing described in subparagraph (C) shall be 
published in the Federal Register for public review and 
comment. For purposes of this section, a hardware device 
or primary refrigerant shall not be considered an additive. 
‘‘(e) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this section, the Secretary shall 
issue guidelines to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of the National Energy Conservation Policy Act is further 
amended by inserting after the item relating to section 552 
the following new item: 
‘‘Sec. 553. Federal procurement of energy efficient products.’’. 
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) LIMITATIONS.— 
(1) IN GENERAL.—Section 801(a)(2) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)) is amended by adding at the end the fol-
lowing subparagraph: 
‘‘(E) All Federal agencies combined may not, after the 
date of enactment of the Energy Policy Act of 2005, enter 
into more than a total of 100 contracts under this title. 
Payments made by the Federal Government under all con-
tracts permitted by this subparagraph combined shall not 
exceed a total of $500,000,000. Each Federal agency shall 
appoint a coordinator for Energy Savings Performance 
Contracts with the responsibility to monitor the number of 
such contracts for that Federal agency and the investment 
value of each contract. The coordinators for each Federal 
agency shall meet monthly to ensure that the limits speci-
fied in this subparagraph on the number of contracts and 
the payments made for the contracts are not exceeded.’’. 
(2) DEFINITION.—Section 804(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287c(1)) 
is amended to read as follows: 
‘‘(1) The term ‘Federal agency’ means the De-
partment of Defense, the Department of Veterans Af-
fairs, and the Department of Energy.’’. 
(3) VALIDITY OF CONTRACTS.—The amendments 
made by this subsection shall not affect the validity 
of contracts entered into under title VIII of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8287 et seq.) before the date of enactment of this Act, 
or of contracts described in subsection (h). 
(b) PERMANENT EXTENSION.—Effective October 1, 
2006, section 801(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(c)) is repealed. 
(c) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Energy shall 
complete a review of the Energy Savings Performance Con-
tract program to identify statutory, regulatory, and admin-
istrative obstacles that prevent Federal agencies from fully 
utilizing the program. In addition, this review shall iden-
tify all areas for increasing program flexibility and effec-
tiveness, including audit and measurement verification re-
quirements, accounting for energy use in determining sav-
ings, contracting requirements, including the identification 
of additional qualified contractors, and energy efficiency 
services covered. The Secretary shall report these findings 
to Congress and shall implement identified administrative 
and regulatory changes to increase program flexibility and 
effectiveness to the extent that such changes are consistent 
with statutory authority. 
(d) EXTENSION OF AUTHORITY.—Any energy savings 
performance contract entered into under section 801 of the 
National Energy Conservation Policy Act (42 U.S.C. 8287) 
after October 1, 2006, and before the date of enactment of
this Act, shall be deemed to have been entered into pursuant 
to such section 801 as amended by subsection (a) of this 
section. 
SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY. 
(a) VOLUNTARY AGREEMENTS.—The Secretary of En-
ergy is authorized to enter into voluntary agreements with 
1 or more persons in industrial sectors that consume sig-
nificant amounts of primary energy per unit of physical 
output to reduce the energy intensity of their production 
activities by a significant amount relative to improvements 
in each sector in recent years. 
(b) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental 
Protection Agency and other appropriate Federal agencies, 
shall recognize and publicize the achievements of partici-
pants in voluntary agreements under this section. 
(c) DEFINITION.—In this section, the term ‘‘energy in-
tensity’’ means the primary energy consumed per unit of 
physical output in an industrial process. 
SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Administrator of General Services, 
shall establish an Advanced Building Efficiency Testbed 
program for the development, testing, and demonstration of
advanced engineering systems, components, and materials 
to enable innovations in building technologies. The program 
shall evaluate efficiency concepts for government and indus-
try buildings, and demonstrate the ability of next genera-
tion buildings to support individual and organizational 
productivity and health (including by improving indoor air 
quality) as well as flexibility and technological change to 
improve environmental sustainability. Such program shall 
complement and not duplicate existing national programs. 
(b) PARTICIPANTS.—The program established under 
subsection (a) shall be led by a university with the ability 
to combine the expertise from numerous academic fields in-
cluding, at a minimum, intelligent workplaces and ad-
vanced building systems and engineering, electrical and 
computer engineering, computer science, architecture, 
urban design, and environmental and mechanical engineer-
ing. Such university shall partner with other universities 
and entities who have established programs and the capa-
bility of advancing innovative building efficiency tech-
nologies. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Energy 
to carry out this section $6,000,000 for each of the fiscal 
years 2006 through 2008, to remain available until ex-
pended. For any fiscal year in which funds are expended
under this section, the Secretary shall provide 1⁄3 of the total 
amount to the lead university described in subsection (b), 
and provide the remaining 2⁄3 to the other participants re-
ferred to in subsection (b) on an equal basis. 
SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS. 
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘CABO 
Model Energy Code, 1992’’ and inserting ‘‘the 2003 
International Energy Conservation Code’’; and 
(2) by adding at the end the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI-
CIENCY PERFORMANCE STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than 1 year after 
the date of enactment of this paragraph, the Secretary 
of Energy shall establish, by rule, revised Federal 
building energy efficiency performance standards that 
require that— 
‘‘(i) if life-cycle cost-effective, for new Fed-
eral buildings— 
‘‘(I) such buildings be designed so as to 
achieve energy consumption levels at least 
30 percent below those of the version current 
as of the date of enactment of this para-
graph of the ASHRAE Standard or the
International Energy Conservation Code, as 
appropriate; and 
‘‘(II) sustainable design principles are 
applied to the siting, design, and construc-
tion of all new and replacement buildings; 
and 
‘‘(ii) where water is used to achieve energy 
efficiency, water conservation technologies shall 
be applied to the extent they are life-cycle cost ef-
fective. 
‘‘(B) ADDITIONAL REVISIONS.—Not later than 1 
year after the date of approval of each subsequent re-
vision of the ASHRAE Standard or the International 
Energy Conservation Code, as appropriate, the Sec-
retary of Energy shall determine, based on the cost- 
effectiveness of the requirements under the amend-
ments, whether the revised standards established 
under this paragraph should be updated to reflect the 
amendments. 
‘‘(C) STATEMENT
ON
COMPLIANCE
OF
NEW 
BUILDINGS.—In the budget request of the Federal 
agency for each fiscal year and each report submitted 
by the Federal agency under section 548(a) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8258(a)), the head of each Federal agency shall in-
clude— 
‘‘(i) a list of all new Federal buildings 
owned, operated, or controlled by the Federal 
agency; and 
‘‘(ii) a statement concerning whether the 
Federal buildings meet or exceed the revised 
standards established under this paragraph.’’. 
SEC. 110. DAYLIGHT SAVINGS. 
(a) REPEAL.—Section 3(a) of the Uniform Time Act 
of 1966 (15 U.S.C. 260a(a)) is amended— 
(1) by striking ‘‘April’’ and inserting ‘‘March’’; 
and 
(2) by striking ‘‘October’’ and inserting ‘‘Novem-
ber’’. 
(b) REPORT TO CONGRESS.—Not later than 9 months 
after the date of enactment of this Act, the Secretary of En-
ergy shall report to Congress on the impact this section on 
energy consumption in the United States. 
Subtitle B—Energy Assistance and 
State Programs 
SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO-
GRAM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
2602(b) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621(b)) is amended by striking ‘‘and 
$2,000,000,000 for each of fiscal years 2002 through 2004’’ 
and inserting ‘‘and $5,100,000,000 for each of fiscal years 
2005 through 2007’’. 
(b) RENEWABLE FUELS.—The Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) is 
amended by adding at the end the following new section: 
‘‘RENEWABLE FUELS 
‘‘SEC. 2612. In providing assistance pursuant to this 
title, a State, or any other person with which the State 
makes arrangements to carry out the purposes of this title, 
may purchase renewable fuels, including biomass.’’. 
(c) REPORT TO CONGRESS.—The Secretary of Energy 
shall report to Congress on the use of renewable fuels in 
providing assistance under the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8621 et seq.). 
SEC. 122. WEATHERIZATION ASSISTANCE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
422 of the Energy Conservation and Production Act (42 
U.S.C. 6872) is amended by striking ‘‘for fiscal years 1999 
through 2003 such sums as may be necessary’’ and inserting 
‘‘$500,000,000 for fiscal year 2006, $600,000,000 for fiscal 
year 2007, and $700,000,000 for fiscal year 2008’’. 
(b) ELIGIBILITY.—Section 412(7) of the Energy Con-
servation and Production Act (42 U.S.C. 6862(7)) is
amended by striking ‘‘125 percent’’ both places it appears 
and inserting ‘‘150 percent’’. 
SEC. 123. STATE ENERGY PROGRAMS. 
(a) STATE ENERGY CONSERVATION PLANS.—Section 
362 of the Energy Policy and Conservation Act (42 U.S.C. 
6322) is amended by inserting at the end the following new 
subsection: 
‘‘(g) The Secretary shall, at least once every 3 years, 
invite the Governor of each State to review and, if nec-
essary, revise the energy conservation plan of such State 
submitted under subsection (b) or (e). Such reviews should 
consider the energy conservation plans of other States with-
in the region, and identify opportunities and actions car-
ried out in pursuit of common energy conservation goals.’’. 
(b) STATE ENERGY EFFICIENCY GOALS.—Section 364 
of the Energy Policy and Conservation Act (42 U.S.C. 
6324) is amended to read as follows: 
‘‘STATE ENERGY EFFICIENCY GOALS 
‘‘SEC. 364. Each State energy conservation plan with 
respect to which assistance is made available under this 
part on or after the date of enactment of the Energy Policy 
Act of 2005 shall contain a goal, consisting of an improve-
ment of 25 percent or more in the efficiency of use of energy 
in the State concerned in calendar year 2012 as compared 
to calendar year 1990, and may contain interim goals.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years 
1999 through 2003 such sums as may be necessary’’ and 
inserting ‘‘$100,000,000 for each of the fiscal years 2006 
and 2007 and $125,000,000 for fiscal year 2008’’. 
SEC. 124. ENERGY EFFICIENT APPLIANCE REBATE PRO-
GRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 
means a State that meets the requirements of sub-
section (b). 
(2) ENERGY STAR PROGRAM.—The term ‘‘Energy 
Star program’’ means the program established by sec-
tion 324A of the Energy Policy and Conservation Act. 
(3) RESIDENTIAL ENERGY STAR PRODUCT.—The 
term ‘‘residential Energy Star product’’ means a 
product for a residence that is rated for energy effi-
ciency under the Energy Star program. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(5) STATE ENERGY OFFICE.—The term ‘‘State 
energy office’’ means the State agency responsible for 
developing State energy conservation plans under sec-
tion 362 of the Energy Policy and Conservation Act 
(42 U.S.C. 6322). 
(6) STATE
PROGRAM.—The term ‘‘State pro-
gram’’ means a State energy efficient appliance re-
bate program described in subsection (b)(1). 
(b) ELIGIBLE STATES.—A State shall be eligible to re-
ceive an allocation under subsection (c) if the State— 
(1) establishes (or has established) a State energy 
efficient appliance rebate program to provide rebates 
to residential consumers for the purchase of residen-
tial Energy Star products to replace used appliances 
of the same type; 
(2) submits an application for the allocation at 
such time, in such form, and containing such infor-
mation as the Secretary may require; and 
(3) provides assurances satisfactory to the Sec-
retary that the State will use the allocation to supple-
ment, but not supplant, funds made available to 
carry out the State program. 
(c) AMOUNT OF ALLOCATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), for 
each fiscal year, the Secretary shall allocate to the 
State energy office of each eligible State to carry out 
subsection (d) an amount equal to the product ob-
tained by multiplying the amount made available
under subsection (f) for the fiscal year by the ratio 
that the population of the State in the most recent 
calendar year for which data are available bears to 
the total population of all eligible States in that cal-
endar year. 
(2) MINIMUM
ALLOCATIONS.—For each fiscal 
year, the amounts allocated under this subsection 
shall be adjusted proportionately so that no eligible 
State is allocated a sum that is less than an amount 
determined by the Secretary. 
(d) USE OF ALLOCATED FUNDS.—The allocation to a 
State energy office under subsection (c) may be used to pay 
up to 50 percent of the cost of establishing and carrying 
out a State program. 
(e) ISSUANCE OF REBATES.—Rebates may be provided 
to residential consumers that meet the requirements of the 
State program. The amount of a rebate shall be determined 
by the State energy office, taking into consideration— 
(1) the amount of the allocation to the State en-
ergy office under subsection (c); 
(2) the amount of any Federal or State tax in-
centive available for the purchase of the residential 
Energy Star product; and 
(3) the difference between the cost of the residen-
tial Energy Star product and the cost of an appliance
that is not a residential Energy Star product, but is 
of the same type as, and is the nearest capacity, per-
formance, and other relevant characteristics (as deter-
mined by the State energy office) to, the residential 
Energy Star product. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section $50,000,000 for each of the fiscal years 2006 
through 2010. 
SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS. 
(a) GRANTS.—The Secretary of Energy may make 
grants to the State agency responsible for developing State 
energy conservation plans under section 362 of the Energy 
Policy and Conservation Act (42 U.S.C. 6322), or, if no 
such agency exists, a State agency designated by the Gov-
ernor of the State, to assist units of local government in 
the State in improving the energy efficiency of public build-
ings and facilities— 
(1) through construction of new energy efficient 
public buildings that use at least 30 percent less en-
ergy than a comparable public building constructed 
in compliance with standards prescribed in the most 
recent version of the International Energy Conserva-
tion Code, or a similar State code intended to achieve 
substantially equivalent efficiency levels; or
(2) through renovation of existing public build-
ings to achieve reductions in energy use of at least 30 
percent as compared to the baseline energy use in 
such buildings prior to renovation, assuming a 3- 
year, weather-normalized average for calculating such 
baseline. 
(b) ADMINISTRATION.—State energy offices receiving 
grants under this section shall— 
(1) maintain such records and evidence of com-
pliance as the Secretary may require; and 
(2) develop and distribute information and ma-
terials and conduct programs to provide technical 
services and assistance to encourage planning, financ-
ing, and design of energy efficient public buildings by 
units of local government. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section, there are authorized to be appro-
priated to the Secretary of Energy $30,000,000 for each of 
fiscal years 2006 through 2010. Not more than 10 percent 
of appropriated funds shall be used for administration. 
SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIENCY 
PILOT PROGRAM. 
(a) GRANTS.—The Secretary of Energy is authorized 
to make grants to units of local government, private, non- 
profit community development organizations, and Indian
tribe economic development entities to improve energy effi-
ciency; identify and develop alternative, renewable, and dis-
tributed energy supplies; and increase energy conservation 
in low income rural and urban communities. 
(b) PURPOSE OF GRANTS.—The Secretary may make 
grants on a competitive basis for— 
(1) investments that develop alternative, renew-
able, and distributed energy supplies; 
(2) energy efficiency projects and energy con-
servation programs; 
(3) studies and other activities that improve en-
ergy efficiency in low income rural and urban com-
munities; 
(4) planning and development assistance for in-
creasing the energy efficiency of buildings and facili-
ties; and 
(5) technical and financial assistance to local 
government and private entities on developing new 
renewable and distributed sources of power or com-
bined heat and power generation. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘Indian tribe’’ means any Indian tribe, band, nation, 
or other organized group or community, including any 
Alaskan Native village or regional or village corporation 
as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is rec-
ognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
(d) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section there are authorized to be appro-
priated to the Secretary of Energy $20,000,000 for each of 
fiscal years 2006 through 2008. 
Subtitle C—Energy Efficient 
Products 
SEC. 131. ENERGY STAR PROGRAM. 
(a) AMENDMENT.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.) is amended by inserting 
the following after section 324: 
‘‘SEC. 324A. ENERGY STAR PROGRAM. 
‘‘There is established at the Department of Energy and 
the Environmental Protection Agency a voluntary program 
to identify and promote energy-efficient products and build-
ings in order to reduce energy consumption, improve energy 
security, and reduce pollution through voluntary labeling 
of or other forms of communication about products and 
buildings that meet the highest energy efficiency standards. 
Responsibilities under the program shall be divided between 
the Department of Energy and the Environmental Protec-
tion Agency consistent with the terms of agreements between 
the 2 agencies. The Administrator and the Secretary shall— 
‘‘(1) promote Energy Star compliant technologies 
as the preferred technologies in the marketplace for 
achieving energy efficiency and to reduce pollution; 
‘‘(2) work to enhance public awareness of the 
Energy Star label, including special outreach to small 
businesses; 
‘‘(3) preserve the integrity of the Energy Star 
label; 
‘‘(4) solicit comments from interested parties 
prior to establishing or revising an Energy Star 
product category, specification, or criterion (or effec-
tive dates for any of the foregoing); 
‘‘(5) upon adoption of a new or revised product 
category, specification, or criterion, provide reason-
able notice to interested parties of any changes (in-
cluding effective dates) in product categories, speci-
fications, or criteria along with an explanation of 
such changes and, where appropriate, responses to 
comments submitted by interested parties; and 
‘‘(6) provide appropriate lead time (which shall 
be 9 months, unless the Agency or Department deter-
mines otherwise) prior to the effective date for a new 
or a significant revision to a product category, speci-
fication, or criterion, taking into account the timing 
requirements of the manufacturing, product mar-
keting, and distribution process for the specific prod-
uct addressed.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents of the Energy Policy and Conservation Act is 
amended by inserting after the item relating to section 324 
the following new item: 
‘‘Sec. 324A. Energy Star program.’’. 
SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION 
PROGRAM. 
Section 337 of the Energy Policy and Conservation Act 
(42 U.S.C. 6307) is amended by adding at the end the fol-
lowing: 
‘‘(c) HVAC MAINTENANCE.—For the purpose of ensur-
ing that installed air conditioning and heating systems op-
erate at their maximum rated efficiency levels, the Sec-
retary shall, not later than 180 days after the date of enact-
ment of this subsection, carry out a program to educate 
homeowners and small business owners concerning the en-
ergy savings resulting from properly conducted mainte-
nance of air conditioning, heating, and ventilating systems. 
The Secretary shall carry out the program in a cost-shared 
manner in cooperation with the Administrator of the Envi-
ronmental Protection Agency and such other entities as the 
Secretary considers appropriate, including industry trade
associations, industry members, and energy efficiency orga-
nizations. 
‘‘(d) SMALL
BUSINESS
EDUCATION
AND
ASSIST-
ANCE.—The Administrator of the Small Business Adminis-
tration, in consultation with the Secretary of Energy and 
the Administrator of the Environmental Protection Agency, 
shall develop and coordinate a Government-wide program, 
building on the existing Energy Star for Small Business 
Program, to assist small businesses to become more energy 
efficient, understand the cost savings obtainable through ef-
ficiencies, and identify financing options for energy effi-
ciency upgrades. The Secretary and the Administrator of 
the Small Business Administration shall make the program 
information available directly to small businesses and 
through other Federal agencies, including the Federal 
Emergency Management Program and the Department of 
Agriculture.’’. 
SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDI-
TIONAL PRODUCTS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (30)(S), by striking the period 
and adding at the end the following: ‘‘but does not in-
clude any lamp specifically designed to be used for 
special purpose applications and that is unlikely to
be used in general purpose applications such as those 
described in subparagraph (D), and also does not in-
clude any lamp not described in subparagraph (D) 
that is excluded by the Secretary, by rule, because the 
lamp is designed for special applications and is un-
likely to be used in general purpose applications.’’; 
and 
(2) by adding at the end the following: 
‘‘(32) The term ‘battery charger’ means a device 
that charges batteries for consumer products and in-
cludes battery chargers embedded in other consumer 
products. 
‘‘(33) The term ‘commercial refrigerators, freez-
ers, and refrigerator-freezers’ means refrigerators, 
freezers, or refrigerator-freezers that— 
‘‘(A) are not consumer products regulated 
under this Act; and 
‘‘(B) incorporate most components involved 
in the vapor-compression cycle and the refrig-
erated compartment in a single package. 
‘‘(34) The term ‘external power supply’ means 
an external power supply circuit that is used to con-
vert household electric current into either DC current 
or lower-voltage AC current to operate a consumer 
product.
‘‘(35) The term ‘illuminated exit sign’ means a 
sign that— 
‘‘(A) is designed to be permanently fixed in 
place to identify an exit; and 
‘‘(B) consists of an electrically powered in-
tegral light source that illuminates the legend 
‘EXIT’ and any directional indicators and pro-
vides contrast between the legend, any direc-
tional indicators, and the background. 
‘‘(36)(A) Except as provided in subparagraph 
(B), the term ‘distribution transformer’ means a 
transformer that— 
‘‘(i) has an input voltage of 34.5 kilovolts or 
less; 
‘‘(ii) has an output voltage of 600 volts or 
less; and 
‘‘(iii) is rated for operation at a frequency 
of 60 Hertz. 
‘‘(B) The term ‘distribution transformer’ does 
not include— 
‘‘(i) transformers with multiple voltage 
taps, with the highest voltage tap equaling at 
least 20 percent more than the lowest voltage tap; 
‘‘(ii) transformers, such as those commonly 
known as drive transformers, rectifier trans-
formers, 
auto-transformers, 
Uninterruptible 
Power System transformers, impedance trans-
formers, regulating transformers, sealed and non-
ventilating transformers, machine tool trans-
formers, welding transformers, grounding trans-
formers, or testing transformers, that are de-
signed to be used in a special purpose applica-
tion and are unlikely to be used in general pur-
pose applications; or 
‘‘(iii) any transformer not listed in clause 
(ii) that is excluded by the Secretary by rule be-
cause— 
‘‘(I) the transformer is designed for a 
special application; 
‘‘(II) the transformer is unlikely to be 
used in general purpose applications; and 
‘‘(III) the application of standards to 
the transformer would not result in signifi-
cant energy savings. 
‘‘(37) The term ‘low-voltage dry-type distribution 
transformer’ means a distribution transformer that— 
‘‘(A) has an input voltage of 600 volts or 
less; 
‘‘(B) is air-cooled; and 
‘‘(C) does not use oil as a coolant.
‘‘(38) The term ‘standby mode’ means the lowest 
power consumption mode that— 
‘‘(A) cannot be switched off or influenced by 
the user; and 
‘‘(B) may persist for an indefinite time 
when an appliance is connected to the main elec-
tricity supply and used in accordance with the 
manufacturer’s instructions, 
as defined on an individual product basis by the Sec-
retary. 
‘‘(39) The term ‘torchiere’ means a portable elec-
tric lamp with a reflector bowl that directs light up-
ward so as to give indirect illumination. 
‘‘(40) The term ‘traffic signal module’ means a 
standard 8-inch (200mm) or 12-inch (300mm) traffic 
signal indication, consisting of a light source, a lens, 
and all other parts necessary for operation, that com-
municates movement messages to drivers through red, 
amber, and green colors. 
‘‘(41) The term ‘transformer’ means a device 
consisting of 2 or more coils of insulated wire that 
transfers alternating current by electromagnetic in-
duction from 1 coil to another to change the original 
voltage or current value.
‘‘(42) The term ‘unit heater’ means a self-con-
tained fan-type heater designed to be installed within 
the heated space, except that such term does not in-
clude a warm air furnace. 
‘‘(43) The term ‘ceiling fan’ means a non-port-
able device that is suspended from a ceiling for circu-
lating air via the rotation of fan blades. 
‘‘(44) The term ‘ceiling fan light kit’ means 
equipment designed to provide light from a ceiling 
fan which can be— 
‘‘(A) integral, such that the equipment is 
attached to the ceiling fan prior to the time of 
retail sale; or 
‘‘(B) attachable, such that at the time of re-
tail sale the equipment is not physically attached 
to the ceiling fan, but may be included inside the 
ceiling fan package at the time of sale or sold 
separately for subsequent attachment to the 
fan.’’. 
(b) TEST PROCEDURES.—Section 323 of the Energy 
Policy and Conservation Act (42 U.S.C. 6293) is amend-
ed— 
(1) in subsection (b), by adding at the end the 
following:
‘‘(9) Test procedures for illuminated exit signs shall 
be based on the test method used under Version 2.0 of the 
Energy Star program of the Environmental Protection 
Agency for illuminated exit signs. 
‘‘(10) Test procedures for distribution transformers 
and low voltage dry-type distribution transformers shall be 
based on the ‘Standard Test Method for Measuring the En-
ergy Consumption of Distribution Transformers’ prescribed 
by the National Electrical Manufacturers Association 
(NEMA TP 2–1998). The Secretary may review and revise 
this test procedure. For purposes of section 346(a), this test 
procedure shall be deemed to be testing requirements pre-
scribed by the Secretary under section 346(a)(1) for dis-
tribution transformers for which the Secretary makes a de-
termination that energy conservation standards would be 
technologically feasible and economically justified, and 
would result in significant energy savings. 
‘‘(11) Test procedures for traffic signal modules shall 
be based on the test method used under the Energy Star 
program of the Environmental Protection Agency for traffic 
signal modules, as in effect on the date of enactment of this 
paragraph. 
‘‘(12) Test procedures for medium base compact fluo-
rescent lamps shall be based on the test methods used under 
the August 9, 2001, version of the Energy Star program
of the Environmental Protection Agency and Department 
of Energy for compact fluorescent lamps. Covered products 
shall meet all test requirements for regulated parameters in 
section 325(bb). However, covered products may be mar-
keted prior to completion of lamp life and lumen mainte-
nance at 40 percent of rated life testing provided manufac-
turers document engineering predictions and analysis that 
support expected attainment of lumen maintenance at 40 
percent rated life and lamp life time. 
‘‘(13) The Secretary shall, not later than 18 months 
after the date of enactment of this paragraph, prescribe test-
ing requirements for ceiling fans and ceiling fan light 
kits.’’; and 
(2) by adding at the end the following: 
‘‘(f) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—The Secretary shall, not later than 24 months after 
the date of enactment of this subsection, prescribe testing 
requirements for suspended ceiling fans, refrigerated bottled 
or canned beverage vending machines, and commercial re-
frigerators, freezers, and refrigerator-freezers. Such testing 
requirements shall be based on existing test procedures used 
in industry to the extent practical and reasonable. In the 
case of suspended ceiling fans, such test procedures shall in-
clude efficiency at both maximum output and at an output 
no more than 50 percent of the maximum output.’’.