I 
109TH CONGRESS 
1ST SESSION 
H. R. 722 
To authorize programs and activities to improve energy use related to 
transportation and infrastructure facilities. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005 
Mr. OBERSTAR (for himself, Mr. CUMMINGS, Mr. NADLER, Mr. MICHAUD, Mr. 
LARSEN of Washington, Mr. MATHESON, Mr. CAPUANO, Mr. CHANDLER, 
Ms. CORRINE BROWN of Florida, Mr. HOLDEN, Ms. MILLENDER- 
MCDONALD, Mr. TAYLOR
of Mississippi, Mr. BLUMENAUER, Ms. 
SCHWARTZ of Pennsylvania, Mr. HONDA, Ms. BERKLEY, Mr. WEINER, 
Ms. NORTON, Mr. HIGGINS, Mr. COSTELLO, Mr. RAHALL, Mr. BAIRD, 
Mr. DEFAZIO, Mr. SALAZAR, Ms. CARSON, Mr. BOSWELL, and Mr. 
CARNAHAN) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Science, Ways and Means, and Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To authorize programs and activities to improve energy use 
related to transportation and infrastructure facilities. 
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 
‘‘Securing Transportation Energy Efficiency for Tomor-
row Act of 2005’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—PUBLIC BUILDINGS AND ECONOMIC DEVELOPMENT 
Sec. 101. Use of photovoltaic energy in public buildings. 
Sec. 102. Capitol Complex. 
TITLE II—SURFACE TRANSPORTATION 
Sec. 201. Highway fuel conservation program. 
Sec. 202. Fuel cell bus technology development and demonstration projects. 
Sec. 203. Conserve By Bicycling program. 
Sec. 204. Energy impacts of Federal-aid highway and transit projects. 
Sec. 205. Railroad efficiency. 
TITLE III—AVIATION 
Sec. 301. Clean airport bus pilot program. 
Sec. 302. Clean aircraft engines. 
TITLE IV—WATER RESOURCES 
Sec. 401. Marine efficiency. 
Sec. 402. Improving hydropower capabilities. 
Sec. 403. Encouragement of State prohibitions on off-shore drilling in the 
Great Lakes. 
TITLE V—TAX PROVISIONS 
Sec. 501. Extension of transportation fringe benefit to commuters who bicycle, 
carpool, or use car-sharing. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) As the Nation’s largest energy consumer, 
the Federal Government is in a unique position to 
promote energy conservation and efficiency, particu-
larly in the transportation sector and in the oper-
ation of Federal buildings.
(2) Each year for the past decade, energy use 
in the transportation sector has increased by a rate 
of 1.6 percent. 
(3) In 2002, the transportation sector con-
sumed a greater share of the Nation’s petroleum (67 
percent) than it did in 1973 (50 percent). 
(4) The transportation sector is responsible for 
27 percent of all greenhouse gases emitted in the 
United States, with transportation-related emissions 
of carbon dioxide increasing by 21 percent between 
1992 and 2002. 
(5) Transportation remains a primary source of 
emissions for 3 of the 6 air pollutants regulated 
under the Clean Air Act: carbon monoxide, nitrogen 
oxides, and volatile organic compounds. 
(6) As the Federal Government’s largest land-
lord, the General Services Administration should 
lead in the promotion and utilization of alternative 
and efficient energy sources.
TITLE I—PUBLIC BUILDINGS 
AND ECONOMIC DEVELOPMENT 
SEC. 101. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC 
BUILDINGS. 
(a) IN GENERAL.—Subchapter VI of chapter 31 of 
title 40, United States Code, is amended by adding at the 
end the following: 
‘‘§ 3177. Use of photovoltaic energy in public build-
ings 
‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION 
PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services may establish a photovoltaic energy 
commercialization program for the procurement and 
installation of photovoltaic solar electric systems for 
electric production in new and existing public build-
ings. 
‘‘(2) PURPOSES.—The purposes of the program 
shall be to accomplish the following: 
‘‘(A) To accelerate the growth of a com-
mercially viable photovoltaic industry to make 
this energy system available to the general pub-
lic as an option which can reduce the national 
consumption of fossil fuel.
‘‘(B) To reduce the fossil fuel consumption 
and costs of the Federal Government. 
‘‘(C) To attain the goal of installing solar 
energy systems in 20,000 Federal buildings by 
2010, as contained in the Federal Government’s 
Million Solar Roof Initiative of 1997. 
‘‘(D) To stimulate the general use within 
the Federal Government of life-cycle costing 
and innovative procurement methods. 
‘‘(E) To develop program performance 
data to support policy decisions on future incen-
tive programs with respect to energy. 
‘‘(3) ACQUISITION
OF
PHOTOVOLTAIC
SOLAR 
ELECTRIC SYSTEMS.— 
‘‘(A) IN
GENERAL.—The program shall 
provide for the acquisition of photovoltaic solar 
electric systems and associated storage capa-
bility for use in public buildings. 
‘‘(B) ACQUISITION LEVELS.—The acquisi-
tion of photovoltaic electric systems shall be at 
a level substantial enough to allow use of low- 
cost production techniques with at least 150 
megawatts (peak) cumulative acquired during 
the 5 years of the program.
‘‘(4) 
ADMINISTRATION.—The 
Administrator 
shall administer the program and shall— 
‘‘(A) prescribe such rules and regulations 
as may be appropriate to monitor and assess 
the performance and operation of photovoltaic 
solar electric systems installed pursuant to this 
subsection; 
‘‘(B) develop innovative procurement strat-
egies for the acquisition of such systems; and 
‘‘(C) transmit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and to the Committee on Envi-
ronment and Public Works of the Senate an an-
nual report on the results of the program. 
‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of this section, the Ad-
ministrator, in consultation with the Secretary of 
Energy, shall establish a photovoltaic solar energy 
systems evaluation program to evaluate such photo-
voltaic solar energy systems as are required in public 
buildings. 
‘‘(2) PROGRAM REQUIREMENT.—In evaluating 
photovoltaic solar energy systems under the pro-
gram, the Administrator shall ensure that such sys-
tems reflect the most advanced technology. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA-
TION PROGRAM.—There is authorized to be appro-
priated to carry out subsection (a) $50,000,000 for 
each of fiscal years 2006 through 2010. Such sums 
shall remain available until expended. 
‘‘(2) PHOTOVOLTAIC
SYSTEMS
EVALUATION 
PROGRAM.—There is authorized to be appropriated 
to carry out subsection (b) $10,000,000 for each of 
fiscal years 2006 through 2010. Such sums shall re-
main available until expended. 
‘‘(3) INSTALLATION
OF
PHOTOVOLTAIC
SYS-
TEM.—There is authorized to be appropriated to the 
General Services Administration to install a photo-
voltaic system, as set forth in the Sun Wall Design 
Project, for the headquarters building of the Depart-
ment of Energy located at 1000 Independence Ave-
nue, Southwest, Washington, D.C., commonly known 
as the Forrestal Building, $14,000,000 for fiscal 
year 2006. Such sums shall remain available until 
expended.’’.
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 3176 the following: 
‘‘3177. Use of photovoltaic energy in public buildings.’’. 
SEC. 102. CAPITOL COMPLEX. 
(a) STUDY ON ENERGY INFRASTRUCTURE.—The Ar-
chitect of the Capitol, building on the Master Plan Study 
completed in July 2000, shall conduct a study to evaluate 
the energy infrastructure of the Capitol Complex to deter-
mine how the energy infrastructure could be augmented 
to become more energy efficient, using photovoltaic solar 
energy systems, district-heating, and other unconventional 
and renewable energy resources, in a way that would en-
able the Complex to have reliable utility service in the 
event of power fluctuations, shortages, or outages. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Architect of the Capitol shall 
transmit to Congress a report containing the results of 
the study conducted under subsection (a). 
(c) AUTHORIZATION.—There are authorized to be ap-
propriated to the Architect of the Capitol such sums as 
may be necessary to carry out this section. Such sums 
shall remain available until expended.
TITLE II—SURFACE 
TRANSPORTATION 
SEC. 201. HIGHWAY FUEL CONSERVATION PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 165. Energy conservation program 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish and carry out a program to provide grants 
to States and local governments for fuel conservation 
projects. 
‘‘(b) ELIGIBLE PROJECTS.—Projects carried out 
under the program shall be designed to make operational 
improvements to reduce fuel consumption on Federal-aid 
highways and other roads. Such projects may include— 
‘‘(1) data collection and analysis for improving 
traffic signal timing; 
‘‘(2) implementation of improved and coordi-
nated traffic signal timing (including capital costs of 
new systems, or system upgrades); 
‘‘(3) planning and implementation of freeway 
management systems; and 
‘‘(4) operational improvements with high reduc-
tions in energy consumption.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, a State or local government shall sub-
mit to the Secretary an application at such time, in such 
form, and in accordance with such requirements as the 
Secretary shall establish by regulation. 
‘‘(d) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out using amounts from a grant 
under this section shall be 50 percent. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal years 2006 
through 2010. Such sums shall remain available until ex-
pended.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 164 the following: 
‘‘165. Energy conservation program.’’. 
SEC. 202. FUEL CELL BUS TECHNOLOGY DEVELOPMENT 
AND DEMONSTRATION PROJECTS. 
Section 5308 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) FUEL CELL BUS TECHNOLOGY DEVELOPMENT 
AND DEMONSTRATION PROJECTS.— 
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec-
retary may make grants under this subsection to not 
more than 10 designated recipients for projects for
the research, development, and demonstration of fuel 
cell bus technology. 
‘‘(2) APPLICATIONS.—Not later than January 1 
of each year, any designated recipient seeking to 
apply for a grant under this subsection shall submit 
an application to the Secretary, in such form and in 
accordance with such requirements as the Secretary 
shall establish by regulation. 
‘‘(3) PREFERENCE.—In selecting grant recipi-
ents under this subsection, the Secretary shall give 
preference to those applicants who have an existing 
investment in fuel cell buses and hydrogen fuel cell 
infrastructure. 
‘‘(4) NONAPPLICABILITY OF REQUIREMENTS.— 
Except as specifically provided in this subsection, 
the requirements for grants made under this section 
shall not apply to grants made under this sub-
section. 
‘‘(5) FEDERAL SHARE.—The amount of a grant 
made to a designated recipient under this subsection 
for a project shall not exceed 80 percent of the total 
cost of the project. 
‘‘(6) AVAILABILITY
OF
FUNDS.—Any amount 
made available under this subsection—