179 
HR 2454 PCS
discuss regional grid plan consistency and integra-
tion, including requirements for multi-regional 
projects, and to resolve any conflicts that emerge 
from such multi-regional projects. The Commission 
shall provide its recommendations for eliminating 
any inter-regional conflicts. 
‘‘(10) REPORT TO CONGRESS.—Not later than 
3 years after the date of enactment of this section 
and each 3 years thereafter, the Commission shall 
provide a report to Congress containing the results 
of the regional grid planning process, including sum-
maries of the adopted regional plans and the extent 
to which the Federal policy objectives in subsection 
(a) have been successfully achieved. The Commission 
shall provide an electronic version of its report on its 
website with links to all regional and sub-regional 
plans taken into account. The Commission shall note 
and provide its recommended resolution for any con-
flicts not resolved during the planning process. The 
Commission shall make any recommendations to 
Congress on the appropriate Federal role or support 
required to address the needs of the electric grid, in-
cluding recommendations for addressing any needs 
that are beyond the reach of existing State, tribal, 
and Federal authority. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
180 
HR 2454 PCS
‘‘SEC. 216B. SITING AND CONSTRUCTION IN THE WESTERN 
INTERCONNECTION. 
‘‘(a) APPLICABILITY.—This section applies only to 
States located in the Western Interconnection and does 
not apply to States located in the Eastern Interconnection, 
to the States of Alaska or Hawaii, or to ERCOT. 
‘‘(b) CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY.—The Commission may, after notice and op-
portunity for hearing, issue a certificate of public conven-
ience and necessity for the construction or modification 
of a transmission facility if the Commission finds that— 
‘‘(1) the facility was identified and included in 
one or more relevant and final regional or inter-
connection-wide electric grid plans submitted to the 
Commission pursuant to subsection (b) of 216A; 
‘‘(2) any conflict among regional electric grid 
plans concerning the need for the facility was re-
solved; 
‘‘(3) such relevant regional electric grid plans 
are consistent with the national grid planning prin-
ciples adopted by the Commission pursuant to sub-
section (b); 
‘‘(4) the facility was identified as needed in sig-
nificant measure to meet demand for renewable en-
ergy in such plans; 
‘‘(5) the facility is a multistate facility; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
181 
HR 2454 PCS
‘‘(6) the developer of such facility filed a com-
plete application seeking approval for the siting of 
the facility with a state commission or other entity 
that has authority to approve the siting of the facil-
ity; 
‘‘(7) a State commission or other entity that 
has authority to approve the siting of the facility— 
‘‘(A) did not issue a decision on an appli-
cation seeking approval for the siting of the fa-
cility within 1 year after the date the applicant 
submitted a completed application to the State; 
‘‘(B) denied a complete application seeking 
approval for the siting of the facility; or 
‘‘(C) authorized the siting of the facility 
subject to conditions that unreasonably inter-
fere with the development of the facility; and 
‘‘(8) the siting of the facility can be accom-
plished in a manner consistent with the Federal pol-
icy established in subsection (a) of section 216A and 
the national grid planning principles adopted by the 
Commission pursuant to subsection (b) of section 
216A. 
‘‘(c) STATE RECOMMENDATIONS ON RESOURCE PRO-
TECTION.—In issuing a final certificate of public conven-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
182 
HR 2454 PCS
ience and necessity pursuant to subsection (b), the Com-
mission shall— 
‘‘(1) consider any siting constraints and mitiga-
tion measures based on habitat protection, health 
and safety considerations, environmental consider-
ations, or cultural site protection identified by rel-
evant State or local authorities; and 
‘‘(2) incorporate those identified siting con-
straints or mitigation measures, including rec-
ommendations related to project routing, as condi-
tions in the final certificate of public convenience 
and necessity, or if the Commission determines that 
a recommended siting constraint or mitigation meas-
ure is infeasible, excessively costly, or inconsistent 
with the Federal policy established in subsection (a) 
of section 216A or the national grid planning prin-
ciples adopted by the Commission pursuant to sub-
section (b) of section 216A— 
‘‘(A) consult with State regulatory agencies 
to seek to resolve the issue; 
‘‘(B) incorporate as conditions on the cer-
tificate such recommended siting constraints or 
mitigation measures as are determined to be 
appropriate by the Commission, based on con-
sultation by the Commission with State regu-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
183 
HR 2454 PCS
latory agencies, the Federal policy established 
in subsection (a) of section 216A and the na-
tional grid planning principles adopted by the 
Commission pursuant to subsection (b)of sec-
tion 216A, and the record before the Commis-
sion; and 
‘‘(C) if, after consultation, the Commission 
does not adopt in whole or in part a rec-
ommendation of an agency, publish a finding 
that the adoption of the recommendation is in-
feasible, not cost effective, or inconsistent with 
this section or other applicable provisions of 
law. 
‘‘(d) CERTIFICATE APPLICATIONS.—(1) An applica-
tion for a preliminary or final certificate of public conven-
ience and necessity under this subsection shall be made 
in writing to the Commission. 
‘‘(2) The Commission shall issue rules specifying— 
‘‘(A) the form of the application; 
‘‘(B) the information to be contained in the ap-
plication; and 
‘‘(C) the manner of service of notice of the ap-
plication on interested persons. 
‘‘(e) COORDINATION OF FEDERAL AUTHORIZATIONS 
FOR TRANSMISSION FACILITIES.— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
184 
HR 2454 PCS
‘‘(1) In this subsection, the term ‘Federal au-
thorization’ shall have the same meaning and include 
the same actions as in section 216(h). 
‘‘(2) The Federal Energy Regulatory Commis-
sion shall act as the lead agency for purposes of co-
ordinating all applicable Federal authorizations and 
related environmental reviews of the facility, pro-
vided, however, that to the extent the facility is pro-
posed to be sited on Federal lands, the Department 
of the Interior will assume such lead-agency duties 
as agreed between the Commission and the Depart-
ment of Interior. 
‘‘(3) To the maximum extent practicable under 
applicable Federal law, the Commission, and to the 
extent agreed, the Secretary of Interior, shall coordi-
nate the Federal authorization and review process 
under this subsection with any Indian tribes, 
multistate entities, and State agencies that are re-
sponsible for conducting any separate permitting 
and environmental reviews of the facility, to ensure 
timely and efficient review and permit decisions. 
‘‘(4)(A) As head of the lead agency, the Chair-
man of the Commission, in consultation with the 
Secretary of Interior and with those entities referred 
to in paragraph (3) that are willing to coordinate 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
185 
HR 2454 PCS
their own separate permitting and environmental re-
views with the Federal authorization and environ-
mental reviews, shall establish prompt and binding 
intermediate milestones and ultimate deadlines for 
the review of, and Federal authorization decisions 
relating to, the proposed facility. 
‘‘(B) The Chairman of the Commission, or the 
Secretary of Interior, as agreed under paragraph 
(2), shall ensure that, once an application has been 
submitted with such data as the lead agency con-
siders necessary, all permit decisions and related en-
vironmental reviews under all applicable Federal 
laws shall be completed— 
‘‘(i) within 1 year; or 
‘‘(ii) if a requirement of another provision 
of Federal law does not permit compliance with 
clause (i), as soon thereafter as is practicable. 
‘‘(C) The Commission shall provide an expedi-
tious pre-application mechanism for prospective ap-
plicants to confer with the agencies involved to have 
each such agency determine and communicate to the 
prospective applicant not later than 60 days after 
the prospective applicant submits a request for such 
information concerning— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
186 
HR 2454 PCS
‘‘(i) the likelihood of approval for a poten-
tial facility; and 
‘‘(ii) key issues of concern to the agencies 
and public. 
‘‘(5)(A) As lead agency head, the Chairman of 
the Commission, in consultation with the affected 
agencies, shall prepare a single environmental review 
document, which shall be used as the basis for all 
decisions on the proposed project under Federal law. 
‘‘(B) The Chairman of the Commission and the 
heads of other agencies shall streamline the review 
and permitting of transmission within corridors des-
ignated under section 503 of the Federal Land Pol-
icy and Management Act (43 U.S.C. 1763) by fully 
taking into account prior analyses and decisions re-
lating to the corridors. 
‘‘(C) The document shall include consideration 
by the relevant agencies of any applicable criteria or 
other matters as required under applicable law. 
‘‘(6)(A) If any agency has denied a Federal au-
thorization required for a transmission facility, or 
has failed to act by the deadline established by the 
Commission pursuant to this section for deciding 
whether to issue the authorization, the applicant or 
any State in which the facility would be located may 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
187 
HR 2454 PCS
file an appeal with the President, who shall, in con-
sultation with the affected agency, review the denial 
or failure to take action on the pending application. 
‘‘(B) Based on the overall record and in con-
sultation with the affected agency, the President 
may— 
‘‘(i) issue the necessary authorization with 
any appropriate conditions; or 
‘‘(ii) deny the application. 
‘‘(C) The President shall issue a decision not 
later than 90 days after the date of the filing of the 
appeal. 
‘‘(D) In making a decision under this para-
graph, the President shall comply with applicable re-
quirements of Federal law, including any require-
ments of— 
‘‘(i) the National Forest Management Act 
of 1976 (16 U.S.C. 472a et seq.); 
‘‘(ii) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(iii) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
‘‘(iv) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
188 
HR 2454 PCS
‘‘(v) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
‘‘(7)(A) Not later than 18 months after August 
8, 2005, the Commission or, as requested, the Sec-
retary or Interior, shall issue any regulations nec-
essary to implement this subsection. 
‘‘(B)(i) Not later than 1 year after August 8, 
2005, the Commission, the Secretary of Interior, 
and the heads of all Federal agencies with authority 
to issue Federal authorizations shall enter into a 
memorandum of understanding to ensure the timely 
and coordinated review and permitting of electricity 
transmission facilities. 
‘‘(ii) Interested Indian tribes, multistate enti-
ties, and State agencies may enter the memorandum 
of understanding. 
‘‘(C) The head of each Federal agency with au-
thority to issue a Federal authorization shall des-
ignate a senior official responsible for, and dedicate 
sufficient other staff and resources to ensure, full 
implementation of the regulations and memorandum 
required under this paragraph. 
‘‘(8)(A) Each Federal land use authorization 
for an electricity transmission facility shall be 
issued— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
189 
HR 2454 PCS
‘‘(i) for a duration, as determined by the 
Secretary of Interior, commensurate with the 
anticipated use of the facility; and 
‘‘(ii) with appropriate authority to manage 
the right-of-way for reliability and environ-
mental protection. 
‘‘(B) On the expiration of the authorization (in-
cluding an authorization issued before August 8, 
2005), the authorization shall be reviewed for re-
newal taking fully into account reliance on such elec-
tricity infrastructure, recognizing the importance of 
the authorization for public health, safety, and eco-
nomic welfare and as a legitimate use of Federal 
land. 
‘‘(9) In exercising the responsibilities under this 
section, the Commission shall consult regularly 
with— 
‘‘(A) electric reliability organizations (in-
cluding related regional entities) approved by 
the Commission; and 
‘‘(B) Transmission Organizations approved 
by the Commission.’’. 
SEC. 152. NET METERING FOR FEDERAL AGENCIES. 
(a) STANDARD.—Subsection (b) of section 113 of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
190 
HR 2454 PCS
2623) is amended by adding the following new paragraph 
at the end thereof: 
‘‘(6) NET
METERING
FOR
FEDERAL
AGEN-
CIES.—Each electric utility shall offer to arrange 
(either directly or through a third party) to make 
interconnection and net metering available to Fed-
eral Government agencies, offices, or facilities in ac-
cordance with the requirements of section 115(j). 
The standard under this paragraph shall apply only 
to electric utilities that sold over 4,000,000 mega-
watt hours of electricity in the preceding year to the 
ultimate consumers thereof. In the case of a stand-
ard under this paragraph, a period of 1 year after 
the date of the enactment of this section shall be 
substituted for the 2-year period referred to in other 
provisions of this section.’’. 
(b) SPECIAL RULES.—Section 115 of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2625) is 
amended by adding the following new subsection at the 
end thereof: 
‘‘(j) NET METERING FOR FEDERAL AGENCIES.—(1) 
The standard under paragraph (6) of section 113(b) shall 
require that rates and charges and contract terms and 
conditions for the sale of electric energy to the Federal 
Government or agency shall be the same as the rates and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
191 
HR 2454 PCS
charges and contract terms and conditions that would be 
applicable if the agency did not own or operate a qualified 
generation unit and use a net metering system. 
‘‘(2)(A) The standard under paragraph (6) of section 
113(b) shall require that each electric utility shall arrange 
to provide to the Government office or agency that quali-
fies for net metering an electrical energy meter capable 
of net metering and measuring, to the maximum extent 
practicable, the flow of electricity to or from the customer, 
using a single meter and single register, the cost of which 
shall be recovered from the customer. 
‘‘(B) In a case in which it is not practicable to provide 
a meter under subparagraph (A), the utility (either di-
rectly or through a third party) shall, at the expense of 
the utility install 1 or more of those electric energy meters. 
‘‘(3)(A) The standard under paragraph (6) of section 
113(b) shall require that each electric utility shall cal-
culate the electric energy consumption for the Government 
office or agency using a net metering system that meets 
the requirements of this subsection and paragraph (6) of 
section 113(b) and shall measure the net electricity pro-
duced or consumed during the billing period using the me-
tering installed in accordance with this paragraph. 
‘‘(B) If the electricity supplied by the retail electric 
supplier exceeds the electricity generated by the Govern-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
192 
HR 2454 PCS
ment office or agency during the billing period, the Gov-
ernment office or agency shall be billed for the net electric 
energy supplied by the retail electric supplier in accord-
ance with normal billing practices. 
‘‘(C) If electric energy generated by the Government 
office or agency exceeds the electric energy supplied by 
the retail electric supplier during the billing period, the 
Government office or agency shall be billed for the appro-
priate customer charges for that billing period and cred-
ited for the excess electric energy generated during the 
billing period, with the credit appearing as a kilowatt-hour 
credit on the bill for the following billing period. 
‘‘(D) Any kilowatt-hour credits provided to the Gov-
ernment office or agency as provided in this subsection 
shall be applied to the Government office or agency elec-
tric energy consumption on the following billing period bill 
(except for a billing period that ends in the next calendar 
year). At the beginning of each calendar year, any unused 
kilowatt-hour credits remaining from the preceding year 
will carry over to the new year. 
‘‘(4) The standard under paragraph (6) of section 
113(b) shall require that each electric utility shall offer 
a meter and retail billing arrangement that has time-dif-
ferentiated rates. The kilowatt-hour credit shall be based 
on the ratio representing the difference in retail rates for 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
193 
HR 2454 PCS
each time-of-use rate, or the credits shall be reflected on 
the bill of the Government office or agency as a monetary 
credit reflecting retail rates at the time of generation of 
the electric energy by the customer-generator. 
‘‘(5) The standard under paragraph (6) of section 
113(b) shall require that the qualified generation unit, 
interconnection standards, and net metering system used 
by the Government office or agency shall meet all applica-
ble safety and performance and reliability standards estab-
lished by the National Electrical Code, the Institute of 
Electrical and Electronics Engineers, Underwriters Lab-
oratories, and the American National Standards Institute. 
‘‘(6) The standard under paragraph (6) of section 
113(b) shall require that electric utilities shall not make 
additional charges, including standby charges, for equip-
ment or services for safety or performance that are in ad-
dition to those necessary to meet the other standards and 
requirements of this subsection and paragraph (6) of sec-
tion 113(b). 
‘‘(7) For purposes of this subsection and paragraph 
(6) of section 113(b): 
‘‘(A) The term ‘Government’ means any office, 
facility, or agency of the Federal Government. 
‘‘(B) The term ‘customer-generator’ means the 
owner or operator of a electricity generation unit. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
194 
HR 2454 PCS
‘‘(C) The term ‘electric generation unit’ means 
any renewable electric generation unit that is owned, 
operated, or sited on a Federal Government facility. 
‘‘(D) The term ‘net metering’ means the proc-
ess of— 
‘‘(i) measuring the difference between the 
electricity supplied to a customer-generator and 
the electricity generated by the customer-gener-
ator that is delivered to a utility at the same 
point of interconnection during an applicable 
billing period; and 
‘‘(ii) providing an energy credit to the cus-
tomer-generator in the form of a kilowatt-hour 
credit for each kilowatt-hour of electricity pro-
duced by the customer-generator from an elec-
tric generation unit.’’. 
(c) SAVINGS PROVISION.—If this section or a portion 
of this section is determined to be invalid or unenforceable, 
that shall not affect the validity or enforceability of any 
other provision of this Act. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
195 
HR 2454 PCS
SEC. 153. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC 
TRANSMISSION 
MANUFACTURING 
PLANTS, 
QUALIFIED HIGH EFFICIENCY TRANSMISSION 
PROPERTY, 
AND 
QUALIFIED 
ADVANCED 
ELECTRIC TRANSMISSION PROPERTY. 
(a) LOAN GUARANTEES PRIOR TO SEPTEMBER 30, 
2011.—Section 1705(a) of the Energy Policy Act of 2005 
(42 U.S.C. 16515(a)), as added by section 406 of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 109–58; 119 Stat. 594) is amended by adding the 
following new paragraph at the end thereof: 
‘‘(5) The development, construction, acquisition, 
retrofitting, or engineering integration of a qualified 
advanced electric transmission manufacturing plant 
or the construction of a qualified high efficiency 
transmission property or a qualified advanced elec-
tric transmission property (whether by construction 
of new facilities or the modification of existing facili-
ties). For purposes of this paragraph: 
‘‘(A) The term ‘qualified advanced electric 
transmission property’ means any high voltage 
electric transmission cable, related substation, 
converter station, or other integrated facility 
that— 
‘‘(i) utilizes advanced ultra low resist-
ance superconductive material or other ad-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
196 
HR 2454 PCS
vanced technology that has been deter-
mined by the Secretary of Energy as— 
‘‘(I) reasonably likely to become 
commercially viable within 10 years 
after the date of enactment of this 
paragraph; 
‘‘(II) capable of reliably transmit-
ting at least 5 gigawatts of high-volt-
age electric energy for distances 
greater than 300 miles with energy 
losses not exceeding 3 percent of the 
total power transported; and 
‘‘(III) not creating an electro-
magnetic field; 
‘‘(ii) has been determined by an ap-
propriate energy regulatory body, upon ap-
plication, to be in the public interest and 
thereby eligible for inclusion in regulated 
rates; and 
‘‘(iii) can be located safely and eco-
nomically in a permanent underground 
right of way not to exceed 25 feet in width. 
The term ‘qualified advanced electric trans-
mission property’ shall not include any property 
placed in service after December 31, 2016. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
197 
HR 2454 PCS
‘‘(B)(i) The term ‘qualified high efficiency 
transmission property’ means any high voltage 
overhead electric transmission line, related sub-
station, or other integrated facility that— 
‘‘(I) utilizes advanced conductor core 
technology that— 
‘‘(aa) has been determined by the 
Secretary of Energy as reasonably 
likely to become commercially viable 
within 10 years after the date of en-
actment of this paragraph; 
‘‘(bb) is suitable for use on trans-
mission lines up to 765kV; and 
‘‘(cc) exhibits power losses at 
least 30 percent lower than that of 
transmission lines using conventional 
‘ACSR’ conductors; 
‘‘(II) has been determined by an ap-
propriate energy regulatory body, upon ap-
plication, to be in the public interest and 
thereby eligible for inclusion in regulated 
rates; and 
‘‘(III) can be located safely and eco-
nomically in a right of way not to exceed 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
198 
HR 2454 PCS
that used by conventional ‘ACSR’ conduc-
tors; and 
‘‘(ii) The term ‘qualified high efficiency 
transmission property’ shall not include any 
property placed in service after December 31, 
2016. 
‘‘(C) The term ‘qualified advanced electric 
transmission manufacturing plant’ means any 
industrial facility located in the United States 
which can be equipped, re-equipped, expanded, 
or established to produce in whole or in part 
qualified advanced electric transmission prop-
erty.’’. 
(b) ADDITIONAL LOAN GUARANTEE AUTHORITY.— 
Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 
16513) is amended by adding the following new paragraph 
at the end of subsection (b): 
‘‘(12) The development, construction, acquisi-
tion, retrofitting, or engineering integration of a 
qualified advanced electric transmission manufac-
turing plant or the construction of a qualified ad-
vanced electric transmission property (whether by 
construction of new facilities or the modification of 
existing facilities). For purposes of this paragraph, 
the terms ‘qualified advanced electric transmission 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
199 
HR 2454 PCS
property’ and ‘qualified advanced electric trans-
mission manufacturing plant’ have the meanings 
provided by section 1705(a)(5).’’. 
(c) GRANTS.—The Secretary of Energy is authorized 
to provide grants for up to 50 percent of costs incurred 
in connection with the development, construction, acquisi-
tion of components for, or engineering of a qualified ad-
vanced electric transmission property defined in paragraph 
(5) of section 1705(a) of the Energy Policy Act of 2005 
(42 U.S.C. 16515(a)). Such grants may only be made to 
the first project which qualifies under that paragraph. 
There are authorized to be appropriated for purposes of 
this subsection not more than $100,000,000 for fiscal year 
2010. The United States shall take no equity or other 
ownership interest in the qualified advanced electric trans-
mission manufacturing plant or qualified advanced electric 
transmission property for which funding is provided under 
this subsection. 
Subtitle G—Technical Corrections 
to Energy Laws 
SEC. 161. TECHNICAL CORRECTIONS TO ENERGY INDE-
PENDENCE AND SECURITY ACT OF 2007. 
(a) TITLE III—ENERGY SAVINGS THROUGH IM-
PROVED STANDARDS FOR APPLIANCE AND LIGHTING.— 
(1) Section 325(u) of the Energy Policy and Conservation 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
200 
HR 2454 PCS
Act (42 U.S.C. 6295(u)) (as amended by section 301(c) 
of the Energy Independence and Security Act of 2007 
(121 Stat. 1550)) is amended— 
(A) by redesignating paragraph (7) as 
paragraph (4); and 
(B) in paragraph (4) (as so redesignated), 
by striking ‘‘supplies is’’ and inserting ‘‘supply 
is’’. 
(2) Section 302 of the Energy Independence and Se-
curity Act of 2007 (121 Stat. 1551)) is amended— 
(A) in subsection (a), by striking ‘‘end of the 
paragraph’’ and inserting ‘‘end of subparagraph 
(A)’’; and 
(B) in subsection (b), by striking ‘‘6313(a)’’ 
and inserting ‘‘6314(a)’’. 
(3) Section 343(a)(1) of the Energy Policy and Con-
servation Act (42 U.S.C. 6313(a)(1)) (as amended by sec-
tion 302(b) of the Energy Independence and Security Act 
of 2007 (121 Stat. 1551)) is amended— 
(A) by striking ‘‘TEST PROCEDURES’’ and all 
that follows through ‘‘At least once’’ and inserting 
‘‘TEST PROCEDURES.—At least once’’; and 
(B) by redesignating clauses (i) and (ii) as sub-
paragraphs (A) and (B), respectively (and by moving 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
201 
HR 2454 PCS
the margins of such subparagraphs 2 ems to the 
left). 
(4) Section 342(a)(6) of the Energy Policy and Con-
servation Act (42 U.S.C. 6313(a)(6)) (as amended by sec-
tion 305(b)(2) of the Energy Independence and Security 
Act of 2007 (121 Stat. 1554)) is amended— 
(A) in subparagraph (B)— 
(i) by striking ‘‘If the Secretary’’ and in-
serting the following: 
‘‘(i) IN GENERAL.—If the Secretary’’; 
(ii) by striking ‘‘clause (ii)(II)’’ and insert-
ing ‘‘subparagraph (A)(ii)(II)’’; 
(iii) by striking ‘‘clause (i)’’ and inserting 
‘‘subparagraph (A)(i)’’; and 
(iv) by adding at the end the following: 
‘‘(ii) 
FACTORS.—In 
determining 
whether a standard is economically justi-
fied for the purposes of subparagraph 
(A)(ii)(II), the Secretary shall, after receiv-
ing views and comments furnished with re-
spect to the proposed standard, determine 
whether the benefits of the standard ex-
ceed the burden of the proposed standard 
by, to the maximum extent practicable, 
considering— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
202 
HR 2454 PCS
‘‘(I) the economic impact of the 
standard on the manufacturers and 
on the consumers of the products sub-
ject to the standard; 
‘‘(II) the savings in operating 
costs throughout the estimated aver-
age life of the product in the type (or 
class) compared to any increase in the 
price of, or in the initial charges for, 
or maintenance expenses of, the prod-
ucts that are likely to result from the 
imposition of the standard; 
‘‘(III) the total projected quan-
tity of energy savings likely to result 
directly from the imposition of the 
standard; 
‘‘(IV) any lessening of the utility 
or the performance of the products 
likely to result from the imposition of 
the standard; 
‘‘(V) the impact of any lessening 
of competition, as determined in writ-
ing by the Attorney General, that is 
likely to result from the imposition of 
the standard; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
203 
HR 2454 PCS
‘‘(VI) the need for national en-
ergy conservation; and 
‘‘(VII) other factors the Sec-
retary considers relevant. 
‘‘(iii) ADMINISTRATION.— 
‘‘(I) ENERGY
USE
AND
EFFI-
CIENCY.—The Secretary may not pre-
scribe any amended standard under 
this paragraph that increases the 
maximum allowable energy use, or de-
creases the minimum required energy 
efficiency, of a covered product. 
‘‘(II) UNAVAILABILITY.— 
‘‘(aa) IN
GENERAL.—The 
Secretary may not prescribe an 
amended standard under this 
subparagraph if the Secretary 
finds (and publishes the finding) 
that interested persons have es-
tablished by a preponderance of 
the evidence that a standard is 
likely to result in the unavail-
ability in the United States in 
any product type (or class) of 
performance characteristics (in-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
204 
HR 2454 PCS
cluding reliability, features, sizes, 
capacities, and volumes) that are 
substantially the same as those 
generally available in the United 
States at the time of the finding 
of the Secretary. 
‘‘(bb) OTHER
TYPES
OR 
CLASSES.—The failure of some 
types (or classes) to meet the cri-
terion established under this sub-
clause shall not affect the deter-
mination of the Secretary on 
whether to prescribe a standard 
for the other types or classes.’’; 
and 
(B) in subparagraph (C)(iv), by striking ‘‘An 
amendment prescribed under this subsection’’ and 
inserting ‘‘Notwithstanding subparagraph (D), an 
amendment prescribed under this subparagraph’’. 
(5) Section 342(a)(6)(B)(iii) of the Energy Policy 
and Conservation Act (as added by section 306(c) of the 
Energy Independence and Security Act of 2007) is trans-
ferred and redesignated as clause (vi) of section 
342(a)(6)(C) of the Energy Policy and Conservation Act 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
205 
HR 2454 PCS
(as amended by section 305(b)(2) of the Energy Independ-
ence and Security Act of 2007). 
(6) Section 340 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6311) (as amended by sections 
312(a)(2) and 314(a) of the Energy Independence and Se-
curity Act of 2007 (121 Stat. 1564, 1569)) is amended 
by redesignating paragraphs (22) and (23) (as added by 
section 314(a) of that Act) as paragraphs (23) and (24), 
respectively. 
(7) Section 345 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6316) (as amended by section 312(e) 
of the Energy Independence and Security Act of 2007 
(121 Stat. 1567)) is amended— 
(A) by striking ‘‘subparagraphs (B) through 
(G)’’ each place it appears and inserting ‘‘subpara-
graphs (B), (C), (D), (I), (J), and (K)’’; 
(B) by striking ‘‘part A’’ each place it appears 
and inserting ‘‘part B’’; and 
(C) in subsection (h)(3), by striking ‘‘section 
342(f)(3)’’ and inserting ‘‘section 342(f)(4)’’. 
(8) Section 340(13) of the Energy Policy and Con-
servation Act (42 U.S.C. 6311(13)) (as amended by sec-
tion 313(a) of the Energy Independence and Security Act 
of 2007 (121 Stat. 1568)) is amended— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
206 
HR 2454 PCS
(A) by striking subparagraphs (A) and (B) and 
inserting the following: 
‘‘(A) IN
GENERAL.—The term ‘electric 
motor’ means any motor that is— 
‘‘(i) a general purpose T-frame, sin-
gle-speed, foot-mounting, polyphase squir-
rel-cage induction motor of the National 
Electrical Manufacturers Association, De-
sign A and B, continuous rated, operating 
on 230/460 volts and constant 60 Hertz 
line power as defined in NEMA Standards 
Publication MG1–1987; or 
‘‘(ii) a motor incorporating the design 
elements described in clause (i), but is con-
figured to incorporate one or more of the 
following variations— 
‘‘(I) U-frame motor; 
‘‘(II) NEMA Design C motor; 
‘‘(III) close-coupled pump motor; 
‘‘(IV) footless motor; 
‘‘(V) vertical solid shaft normal 
thrust motor (as tested in a horizontal 
configuration); 
‘‘(VI) 8-pole motor; or 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
207 
HR 2454 PCS
‘‘(VII) poly-phase motor with a 
voltage rating of not more than 600 
volts (other than 230 volts or 460 
volts, or both, or can be operated on 
230 volts or 460 volts, or both).’’; and 
(B) 
by 
redesignating 
subparagraphs 
(C) 
through (I) as subparagraphs (B) through (H), re-
spectively. 
(9)(A) Section 342(b) of the Energy Policy and Con-
servation Act (42 U.S.C. 6313(b)) is amended— 
(i) in paragraph (1), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraph (3)’’; 
(ii) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4); 
(iii) by inserting after paragraph (1) the following: 
‘‘(2) STANDARDS
EFFECTIVE
BEGINNING
DE-
CEMBER 19, 2010.— 
‘‘(A) IN
GENERAL.—Except for definite 
purpose motors, special purpose motors, and 
those motors exempted by the Secretary under 
paragraph (3) and except as provided for in 
subparagraphs (B), (C), and (D), each electric 
motor manufactured with power ratings from 1 
to 200 horsepower (alone or as a component of 
another piece of equipment) on or after Decem-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
208 
HR 2454 PCS
ber 19, 2010, shall have a nominal full load ef-
ficiency of not less than the nominal full load 
efficiency described in NEMA MG–1 (2006) 
Table 12–12. 
‘‘(B) FIRE PUMP ELECTRIC MOTORS.—Ex-
cept for those motors exempted by the Sec-
retary under paragraph (3), each fire pump 
electric motor manufactured with power ratings 
from 1 to 200 horsepower (alone or as a compo-
nent of another piece of equipment) on or after 
December 19, 2010, shall have a nominal full 
load efficiency that is not less than the nominal 
full load efficiency described in NEMA MG–1 
(2006) Table 12–11. 
‘‘(C) NEMA DESIGN
B
ELECTRIC
MO-
TORS.—Except for those motors exempted by 
the Secretary under paragraph (3), each 
NEMA Design B electric motor with power rat-
ings of more than 200 horsepower, but not 
greater than 500 horsepower, manufactured 
(alone or as a component of another piece of 
equipment) on or after December 19, 2010, 
shall have a nominal full load efficiency of not 
less than the nominal full load efficiency de-
scribed in NEMA MG–1 (2006) Table 12–11. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
209 
HR 2454 PCS
‘‘(D) MOTORS
INCORPORATING
CERTAIN 
DESIGN ELEMENTS.—Except for those motors 
exempted by the Secretary under paragraph 
(3), each electric motor described in section 
340(13)(A)(ii) manufactured with power rat-
ings from 1 to 200 horsepower (alone or as a 
component of another piece of equipment) on or 
after December 19, 2010, shall have a nominal 
full load efficiency of not less than the nominal 
full load efficiency described in NEMA MG–1 
(2006) Table 12–11.’’; and 
(iv) in paragraph (3) (as redesignated by clause (ii)), 
by striking ‘‘paragraph (1)’’ each place it appears in sub-
paragraphs (A) and (D) and inserting ‘‘paragraphs (1) 
and (2)’’. 
(B) Section 313 of the Energy Independence and Se-
curity Act of 2007 (121 Stat. 1568) is repealed. 
(C) The amendments made by— 
(i) subparagraph (A) shall take effect on De-
cember 19, 2010; and 
(ii) subparagraph (B) shall take effect on De-
cember 19, 2007. 
(10) Section 321(30)(D)(i)(III) of the Energy Policy 
and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as 
amended by section 321(a)(1)(A) of the Energy Independ-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
210 
HR 2454 PCS
ence and Security Act of 2007 (121 Stat. 1574)) is 
amended by inserting before the semicolon the following: 
‘‘or, in the case of a modified spectrum lamp, not less than 
232 lumens and not more than 1,950 lumens’’. 
(11) Section 321(30)(T) of the Energy Policy and 
Conservation Act (42 U.S.C. 6291(30)(T) (as amended by 
section 321(a)(1)(B) of the Energy Independence and Se-
curity Act of 2007 (121 Stat. 1574)) is amended— 
(A) in clause (i)— 
(i) by striking the comma after ‘‘household 
appliance’’ and inserting ‘‘and’’; and 
(ii) by striking ‘‘and is sold at retail,’’; and 
(B) in clause (ii), by inserting ‘‘when sold at re-
tail,’’ before ‘‘is designated’’. 
(12) Section 325 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295) (as amended by sections 
321(a)(3)(A) and 322(b) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1577, 1588)) is amended 
by striking subsection (i) and inserting the following: 
‘‘(i) GENERAL SERVICE FLUORESCENT LAMPS, GEN-
ERAL SERVICE INCANDESCENT LAMPS, INTERMEDIATE 
BASE INCANDESCENT LAMPS, CANDELABRA BASE INCAN-
DESCENT
LAMPS, 
AND
INCANDESCENT
REFLECTOR 
LAMPS.— 
‘‘(1) ENERGY EFFICIENCY STANDARDS.— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
211 
HR 2454 PCS
‘‘(A) IN GENERAL.—Each of the following 
general service fluorescent lamps, general serv-
ice incandescent lamps, intermediate base in-
candescent lamps, candelabra base incandescent 
lamps, and incandescent reflector lamps manu-
factured after the effective date specified in the 
tables listed in this subparagraph shall meet or 
exceed the following lamp efficacy, new max-
imum wattage, and CRI standards: 
‘‘FLUORESCENT LAMPS 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
4-foot medium bi-pin .................
>35 W 
75.0 
....................................................
≤35 W 
75.0 
2-foot U-shaped .........................
>35 W 
68.0 
....................................................
≤35 W 
64.0 
8-foot slimline ............................
65 W 
80.0 
....................................................
≤65 W 
80.0 
8-foot high output ......................
>100 W 
80.0 
....................................................
≤100 W 
80.0 
‘‘INCANDESCENT REFLECTOR LAMPS 
Nominal Lamp Wattage 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
40–50 ......................................................................................
10.5 
51–66 ......................................................................................
11.0 
67–85 ......................................................................................
12.5 
86–115 ....................................................................................
14.0 
116–155 ....................................................................................
14.5 
156–205 ....................................................................................
15.0 
‘‘GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rated 
Wattage 
Minimum 
Rated Life-
time 
Effective 
Date 
1490–2600 
1,000 hrs 
1/1/2012 
1050–1489 
1,000 hrs 
1/1/2013 
750–1049 
1,000 hrs 
1/1/2014 
310–749 
1,000 hrs 
1/1/2014 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
212 
HR 2454 PCS
‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rated 
Wattage 
Minimum 
Rated Life-
time 
Effective 
Date 
1118–1950 
1,000 hrs 
1/1/2012 
788–1117 
1,000 hrs 
1/1/2013 
563–787 
1,000 hrs 
1/1/2014 
232–562 
1,000 hrs 
1/1/2014 
‘‘(B) APPLICATION.— 
‘‘(i) APPLICATION
CRITERIA.—This 
subparagraph applies to each lamp that— 
‘‘(I) is intended for a general 
service or general illumination applica-
tion (whether incandescent or not); 
‘‘(II) has a medium screw base 
or any other screw base not defined in 
ANSI C81.61–2006; 
‘‘(III) is capable of being oper-
ated at a voltage at least partially 
within the range of 110 to 130 volts; 
and 
‘‘(IV) is manufactured or im-
ported after December 31, 2011. 
‘‘(ii) REQUIREMENT.—For purposes 
of this paragraph, each lamp described in 
clause (i) shall have a color rendering 
index that is greater than or equal to— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
213 
HR 2454 PCS
‘‘(I) 80 for nonmodified spectrum 
lamps; or 
‘‘(II) 75 for modified spectrum 
lamps. 
‘‘(C) CANDELABRA INCANDESCENT LAMPS 
AND
INTERMEDIATE
BASE
INCANDESCENT 
LAMPS.— 
‘‘(i) CANDELABRA
BASE
INCANDES-
CENT LAMPS.—Effective beginning Janu-
ary 1, 2012, a candelabra base incandes-
cent lamp shall not exceed 60 rated watts. 
‘‘(ii) INTERMEDIATE BASE INCANDES-
CENT LAMPS.—Effective beginning Janu-
ary 1, 2012, an intermediate base incan-
descent lamp shall not exceed 40 rated 
watts. 
‘‘(D) EXEMPTIONS.— 
‘‘(i) STATUTORY
EXEMPTIONS.—The 
standards specified in subparagraph (A) 
shall not apply to the following types of in-
candescent reflector lamps: 
‘‘(I) Lamps rated at 50 watts or 
less that are ER30, BR30, BR40, or 
ER40 lamps. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
214 
HR 2454 PCS
‘‘(II) Lamps rated at 65 watts 
that are BR30, BR40, or ER40 
lamps. 
‘‘(III) R20 incandescent reflector 
lamps rated 45 watts or less. 
‘‘(ii) 
ADMINISTRATIVE
EXEMP-
TIONS.— 
‘‘(I) PETITION.—Any person may 
petition the Secretary for an exemp-
tion for a type of general service lamp 
from the requirements of this sub-
section. 
‘‘(II) CRITERIA.—The Secretary 
may grant an exemption under sub-
clause (I) only to the extent that the 
Secretary finds, after a hearing and 
opportunity for public comment, that 
it is not technically feasible to serve a 
specialized lighting application (such 
as a military, medical, public safety, 
or certified historic lighting applica-
tion) using a lamp that meets the re-
quirements of this subsection. 
‘‘(III) ADDITIONAL CRITERION.— 
To grant an exemption for a product 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
215 
HR 2454 PCS
under this clause, the Secretary shall 
include, as an additional criterion, 
that the exempted product is unlikely 
to be used in a general service lighting 
application. 
‘‘(E) EXTENSION OF COVERAGE.— 
‘‘(i) PETITION.—Any person may peti-
tion the Secretary to establish standards 
for lamp shapes or bases that are excluded 
from the definition of general service 
lamps. 
‘‘(ii) INCREASED SALES OF EXEMPT-
ED LAMPS.—The petition shall include evi-
dence that the availability or sales of ex-
empted incandescent lamps have increased 
significantly since the date on which the 
standards on general service incandescent 
lamps were established. 
‘‘(iii) CRITERIA.—The Secretary shall 
grant a petition under clause (i) if the Sec-
retary finds that— 
‘‘(I) the petition presents evi-
dence that demonstrates that commer-
cial availability or sales of exempted 
incandescent lamp types have in-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
216 
HR 2454 PCS
creased significantly since the stand-
ards on general service lamps were es-
tablished and likely are being widely 
used in general lighting applications; 
and 
‘‘(II) significant energy savings 
could be achieved by covering exempt-
ed products, as determined by the 
Secretary based in part on sales data 
provided to the Secretary from manu-
facturers and importers. 
‘‘(iv) NO PRESUMPTION.—The grant 
of a petition under this subparagraph shall 
create no presumption with respect to the 
determination of the Secretary with respect 
to any criteria under a rulemaking con-
ducted under this section. 
‘‘(v) 
EXPEDITED
PROCEEDING.—If 
the Secretary grants a petition for a lamp 
shape or base under this subparagraph, 
the Secretary shall— 
‘‘(I) conduct a rulemaking to de-
termine standards for the exempted 
lamp shape or base; and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
217 
HR 2454 PCS
‘‘(II) complete the rulemaking 
not later than 18 months after the 
date on which notice is provided 
granting the petition. 
‘‘(F) EFFECTIVE DATES.— 
‘‘(i) IN GENERAL.—In this paragraph, 
except as otherwise provided in a table 
contained in subparagraph (A) or in clause 
(ii), the term ‘effective date’ means the last 
day of the month specified in the table 
that follows October 24, 1992. 
‘‘(ii) SPECIAL EFFECTIVE DATES.— 
‘‘(I) 
ER, 
BR, 
AND
BPAR 
LAMPS.—The standards specified in 
subparagraph (A) shall apply with re-
spect to ER incandescent reflector 
lamps, 
BR 
incandescent 
reflector 
lamps, BPAR incandescent reflector 
lamps, and similar bulb shapes on and 
after January 1, 2008, or the date 
that is 180 days after the date of en-
actment of the Energy Independence 
and Security Act of 2007. 
‘‘(II) LAMPS BETWEEN 2.25–2.75 
INCHES
IN
DIAMETER.—The stand-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
218 
HR 2454 PCS
ards specified in subparagraph (A) 
shall apply with respect to incandes-
cent reflector lamps with a diameter 
of more than 2.25 inches, but not 
more than 2.75 inches, on and after 
the later of January 1, 2008, or the 
date that is 180 days after the date of 
enactment of the Energy Independ-
ence and Security Act of 2007. 
‘‘(2) COMPLIANCE WITH EXISTING LAW.—Not-
withstanding section 332(a)(5) and section 332(b), 
it shall not be unlawful for a manufacturer to sell 
a lamp that is in compliance with the law at the 
time the lamp was manufactured. 
‘‘(3) 
RULEMAKING
BEFORE
OCTOBER
24, 
1995.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after October 24, 1992, the Secretary 
shall initiate a rulemaking procedure and shall 
publish a final rule not later than the end of 
the 54-month period beginning on October 24, 
1992, to determine whether the standards es-
tablished under paragraph (1) should be 
amended. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
219 
HR 2454 PCS
‘‘(B) ADMINISTRATION.—The rule shall 
contain the amendment, if any, and provide 
that the amendment shall apply to products 
manufactured on or after the 36-month period 
beginning on the date on which the final rule is 
published. 
‘‘(4) 
RULEMAKING
BEFORE
OCTOBER
24, 
2000.— 
‘‘(A) IN GENERAL.—Not later than 8 years 
after October 24, 1992, the Secretary shall ini-
tiate a rulemaking procedure and shall publish 
a final rule not later than 9 years and 6 months 
after October 24, 1992, to determine whether 
the standards in effect for fluorescent lamps 
and incandescent lamps should be amended. 
‘‘(B) ADMINISTRATION.—The rule shall 
contain the amendment, if any, and provide 
that the amendment shall apply to products 
manufactured on or after the 36-month period 
beginning on the date on which the final rule is 
published. 
‘‘(5) RULEMAKING FOR ADDITIONAL GENERAL 
SERVICE FLUORESCENT LAMPS.— 
‘‘(A) IN
GENERAL.—Not later than the 
end of the 24-month period beginning on the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
220 
HR 2454 PCS
date 
labeling 
requirements 
under 
section 
324(a)(2)(C) become effective, the Secretary 
shall— 
‘‘(i) initiate a rulemaking procedure to 
determine whether the standards in effect 
for fluorescent lamps and incandescent 
lamps should be amended so that the 
standards would be applicable to additional 
general service fluorescent lamps; and 
‘‘(ii) publish, not later than 18 
months after initiating the rulemaking, a 
final rule including the amended stand-
ards, if any. 
‘‘(B) ADMINISTRATION.—The rule shall 
provide that the amendment shall apply to 
products manufactured after a date which is 36 
months after the date on which the rule is pub-
lished. 
‘‘(6) 
STANDARDS
FOR
GENERAL
SERVICE 
LAMPS.— 
‘‘(A) RULEMAKING
BEFORE
JANUARY
1, 
2014.— 
‘‘(i) IN
GENERAL.—Not later than 
January 1, 2014, the Secretary shall ini-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
221 
HR 2454 PCS
tiate a rulemaking procedure to determine 
whether— 
‘‘(I) standards in effect for gen-
eral service lamps should be amended; 
and 
‘‘(II) the exclusions for certain 
incandescent lamps should be main-
tained or discontinued based, in part, 
on excluded lamp sales collected by 
the Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking— 
‘‘(I) shall not be limited to incan-
descent lamp technologies; and 
‘‘(II) shall include consideration 
of a minimum standard of 45 lumens 
per watt for general service lamps. 
‘‘(iii) AMENDED STANDARDS.—If the 
Secretary determines that the standards in 
effect for general service lamps should be 
amended, the Secretary shall publish a 
final rule not later than January 1, 2017, 
with an effective date that is not earlier 
than 3 years after the date on which the 
final rule is published. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
222 
HR 2454 PCS
‘‘(iv) 
PHASED-IN
EFFECTIVE 
DATES.—The 
Secretary 
shall 
consider 
phased-in effective dates under this sub-
paragraph after considering— 
‘‘(I) the impact of any amend-
ment on manufacturers, retiring and 
repurposing 
existing 
equipment, 
stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work 
with retailers and lighting designers 
to revise sales and marketing strate-
gies. 
‘‘(v) BACKSTOP
REQUIREMENT.—If 
the Secretary fails to complete a rule-
making in accordance with clauses (i) 
through (iv) or if the final rule does not 
produce savings that are greater than or 
equal to the savings from a minimum effi-
cacy standard of 45 lumens per watt, effec-
tive beginning January 1, 2020, the Sec-
retary shall prohibit the manufacture of 
any general service lamp that does not 
meet a minimum efficacy standard of 45 
lumens per watt. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
223 
HR 2454 PCS
‘‘(vi) STATE
PREEMPTION.—Neither 
section 327(c) nor any other provision of 
law shall preclude California or Nevada 
from adopting, effective beginning on or 
after January 1, 2018— 
‘‘(I) a final rule adopted by the 
Secretary in accordance with clauses 
(i) through (iv); 
‘‘(II) if a final rule described in 
subclause (I) has not been adopted, 
the 
backstop 
requirement 
under 
clause (v); or 
‘‘(III) in the case of California, if 
a final rule described in subclause (I) 
has not been adopted, any California 
regulations relating to these covered 
products adopted pursuant to State 
statute in effect as of the date of en-
actment of the Energy Independence 
and Security Act of 2007. 
‘‘(B) RULEMAKING
BEFORE
JANUARY
1, 
2020.— 
‘‘(i) IN
GENERAL.—Not later than 
January 1, 2020, the Secretary shall ini-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
224 
HR 2454 PCS
tiate a rulemaking procedure to determine 
whether— 
‘‘(I) standards in effect for gen-
eral service lamps should be amended; 
and 
‘‘(II) the exclusions for certain 
incandescent lamps should be main-
tained or discontinued based, in part, 
on excluded lamp sales data collected 
by the Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking shall 
not be limited to incandescent lamp tech-
nologies. 
‘‘(iii) AMENDED STANDARDS.—If the 
Secretary determines that the standards in 
effect for general service lamps should be 
amended, the Secretary shall publish a 
final rule not later than January 1, 2022, 
with an effective date that is not earlier 
than 3 years after the date on which the 
final rule is published. 
‘‘(iv) 
PHASED-IN
EFFECTIVE 
DATES.—The 
Secretary 
shall 
consider 
phased-in effective dates under this sub-
paragraph after considering— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
225 
HR 2454 PCS
‘‘(I) the impact of any amend-
ment on manufacturers, retiring and 
repurposing 
existing 
equipment, 
stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work 
with retailers and lighting designers 
to revise sales and marketing strate-
gies. 
‘‘(7) FEDERAL ACTIONS.— 
‘‘(A) COMMENTS OF SECRETARY.— 
‘‘(i) IN
GENERAL.—With respect to 
any lamp to which standards are applicable 
under this subsection or any lamp specified 
in section 346, the Secretary shall inform 
any Federal entity proposing actions that 
would adversely impact the energy con-
sumption or energy efficiency of the lamp 
of the energy conservation consequences of 
the action. 
‘‘(ii) CONSIDERATION.—The Federal 
entity shall carefully consider the com-
ments of the Secretary. 
‘‘(B) AMENDMENT OF STANDARDS.—Not-
withstanding section 325(n)(1), the Secretary 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
226 
HR 2454 PCS
shall not be prohibited from amending any 
standard, by rule, to permit increased energy 
use or to decrease the minimum required en-
ergy efficiency of any lamp to which standards 
are applicable under this subsection if the ac-
tion is warranted as a result of other Federal 
action (including restrictions on materials or 
processes) that would have the effect of either 
increasing the energy use or decreasing the en-
ergy efficiency of the product. 
‘‘(8) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Not later than the 
date on which standards established pursuant 
to this subsection become effective, or, with re-
spect to high-intensity discharge lamps covered 
under section 346, the effective date of stand-
ards established pursuant to that section, each 
manufacturer of a product to which the stand-
ards are applicable shall file with the Secretary 
a laboratory report certifying compliance with 
the applicable standard for each lamp type. 
‘‘(B) CONTENTS.—The report shall include 
the lumen output and wattage consumption for 
each lamp type as an average of measurements 
taken over the preceding 12-month period. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
227 
HR 2454 PCS
‘‘(C) OTHER LAMP TYPES.—With respect 
to lamp types that are not manufactured during 
the 12-month period preceding the date on 
which the standards become effective, the re-
port shall— 
‘‘(i) be filed with the Secretary not 
later than the date that is 12 months after 
the date on which manufacturing is com-
menced; and 
‘‘(ii) include the lumen output and 
wattage consumption for each such lamp 
type as an average of measurements taken 
during the 12-month period.’’. 
(13) Section 325(l)(4)(A) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended 
by section 321(a)(3)(B) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1581)) is amended by 
striking ‘‘only’’. 
(14) Section 327(b)(1)(B) of the Energy Policy and 
Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended 
by section 321(d)(3) of the Energy Independence and Se-
curity Act of 2007 (121 Stat. 1585)) is amended— 
(A) in clause (i), by inserting ‘‘and’’ after the 
semicolon at the end; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
228 
HR 2454 PCS
(B) in clause (ii), by striking ‘‘; and’’ and in-
serting a period; and 
(C) by striking clause (iii). 
(15) Section 321(e) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1586) is amended— 
(A) in the matter preceding paragraph (1), by 
striking ‘‘is amended’’ and inserting ‘‘(as amended 
by section 306(b)) is amended’’; and 
(B) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) in paragraph (5), by striking ‘or’ after the 
semicolon at the end; 
‘‘(2) in paragraph (6), by striking the period at 
the end and inserting ‘; or’; and’’. 
(16) Section 332(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6302(a)) (as amended by section 
321(e) of the Energy Independence and Security Act of 
2007 (121 Stat. 1586)) is amended by redesignating the 
second paragraph (6) as paragraph (7). 
(17) Section 321(30)(C)(ii) of the Energy Policy and 
Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amend-
ed by section 322(a)(1)(B) of the Energy Independence 
and Security Act of 2007 (121 Stat. 1587)) is amended 
by inserting a period after ‘‘40 watts or higher’’. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
229 
HR 2454 PCS
(18) Section 322(b) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1588)) is amended by 
striking ‘‘6995(i)’’ and inserting ‘‘6295(i)’’. 
(19) Section 327(c) of the Energy Policy and Con-
servation Act (42 U.S.C. 6297(c)) (as amended by sec-
tions 324(f) of the Energy Independence and Security Act 
of 2007 (121 Stat. 1594)) is amended— 
(A) in paragraph (6), by striking ‘‘or’’ after the 
semicolon at the end; 
(B) in paragraph (8)(B), by striking ‘‘and’’ 
after the semicolon at the end; 
(C) in paragraph (9)— 
(i) by striking ‘‘except that—’’ and all that 
follows through ‘‘if the Secretary fails to issue’’ 
and inserting ‘‘except that if the Secretary fails 
to issue’’; 
(ii) by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively (and 
by moving the margins of such subparagraphs 
2 ems to the left); and 
(iii) by striking the period at the end and 
inserting a semicolon; and 
(D) by adding at the end the following: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
230 
HR 2454 PCS
‘‘(10) is a regulation for general service lamps 
that conforms with Federal standards and effective 
dates; 
‘‘(11) is an energy efficiency standard for gen-
eral service lamps enacted into law by the State of 
Nevada prior to December 19, 2007, if the State has 
not adopted the Federal standards and effective 
dates pursuant to subsection (b)(1)(B)(ii); or’’. 
(20) Section 325(b) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1596)) is amended by 
striking ‘‘6924(c)’’ and inserting ‘‘6294(c)’’. 
(b) TITLE IV—ENERGY SAVINGS IN BUILDINGS AND 
INDUSTRY.—(1) Section 401 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17061) is amend-
ed— 
(A) in paragraph (2), by striking ‘‘484’’ and in-
serting ‘‘494’’; and 
(B) in paragraph (13), by striking ‘‘Agency’’ 
and inserting ‘‘Administration’’. 
(2) Section 422 of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6872) (as amended by section 
411(a) of the Energy Independence and Security Act of 
2007 (121 Stat. 1600)) is amended by striking 1 of the 
2 periods at the end of paragraph (5). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
235 
HR 2454 PCS
Subtitle H—Energy and Efficiency 
Centers and Research 
SEC. 171. ENERGY INNOVATION HUBS. 
(a) PURPOSE.—The Secretary shall carry out a pro-
gram to establish Energy Innovation Hubs to enhance the 
Nation’s economic, environmental, and energy security by 
promoting commercial application of clean, indigenous en-
ergy alternatives to oil and other fossil fuels, reducing 
greenhouse gas emissions, and ensuring that the United 
States maintains a technological lead in the development 
and commercial application of state-of-the-art energy tech-
nologies. To achieve these purposes the program shall— 
(1) leverage the expertise and resources of the 
university and private research communities, indus-
try, venture capital, national laboratories, and other 
participants in energy innovation to support cross- 
disciplinary research and development in areas not 
being served by the private sector in order to develop 
and transfer innovative clean energy technologies 
into the marketplace; 
(2) expand the knowledge base and human cap-
ital necessary to transition to a low-carbon economy; 
and 
(3) promote regional economic development by 
cultivating clusters of clean energy technology firms, 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
236 
HR 2454 PCS
private research organizations, suppliers, and other 
complementary groups and businesses. 
(b) DEFINITIONS.—For purposes of this section: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act (as added by section 
311 of this Act). 
(2) CLEAN ENERGY TECHNOLOGY.—The term 
‘‘clean energy technology’’ means a technology 
that— 
(A) produces energy from solar, wind, geo-
thermal, biomass, tidal, wave, ocean, and other 
renewable energy resources (as such term is de-
fined in section 610 of the Public Utility Regu-
latory Policies Act of 1978); 
(B) more efficiently transmits, distributes, 
or stores energy; 
(C) enhances energy efficiency for build-
ings and industry, including combined heat and 
power; 
(D) enables the development of a Smart 
Grid (as described in section 1301 of the En-
ergy Independence and Security Act of 2007 
(42 U.S.C. 17381)), including integration of re-
newable energy resources and distributed gen-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
237 
HR 2454 PCS
eration, demand response, demand side man-
agement, and systems analysis; 
(E) produces an advanced or sustainable 
material with energy or energy efficiency appli-
cations; 
(F) enhances water security through im-
proved water management, conservation, dis-
tribution, and end use applications; or 
(G) improves energy efficiency for trans-
portation, including electric vehicles. 
(3) CLUSTER.—The term ‘‘cluster’’ means a 
network of entities directly involved in the research, 
development, finance, and commercialization of clean 
energy technologies whose geographic proximity fa-
cilitates utilization and sharing of skilled human re-
sources, infrastructure, research facilities, edu-
cational and training institutions, venture capital, 
and input suppliers. 
(4) HUB.—The term ‘‘Hub’’ means an Energy 
Innovation Hub established in accordance with this 
section. 
(5) PROJECT.—The term ‘‘project’’ means an 
activity with respect to which a Hub provides sup-
port under subsection (e). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
238 
HR 2454 PCS
(6) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means each of the following: 
(A) A research university. 
(B) A State or Federal institution with a 
focus on the advancement of clean energy tech-
nologies. 
(C) A nongovernmental organization with 
research or commercialization expertise in clean 
energy technology development. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(8) TECHNOLOGY DEVELOPMENT FOCUS.—The 
term ‘‘technology development focus’’ means the 
unique technology development areas in which a 
Hub will specialize, and may include solar electricity, 
fuels from solar energy, batteries and energy stor-
age, electricity grid systems and devices, energy effi-
cient building systems and design, advanced mate-
rials, modeling and simulation, and other clean en-
ergy technology development areas designated by the 
Secretary. 
(9) TRANSLATIONAL
RESEARCH.—The term 
‘‘translational research’’ means coordination of basic 
or applied research with technical and commercial 
applications to enable promising discoveries or inven-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
239 
HR 2454 PCS
tions to attract investment sufficient for market pen-
etration and diffusion. 
(10) VINTAGE YEAR.—The term ‘‘vintage year’’ 
has the meaning given that term in section 700 of 
the Clean Air Act (as added by section 312 of this 
Act). 
(c) ROLE
OF
THE
SECRETARY.—The Secretary 
shall— 
(1) have ultimate responsibility for, and over-
sight of, all aspects of the program under this sec-
tion; 
(2) provide for the distribution of allowances al-
located under section 782(h)(1) of the Clean Air Act 
(as added by section 321 of this Act) to support the 
establishment of 8 Hubs, each with a unique des-
ignated technology development focus, pursuant to 
this section; 
(3) coordinate the innovation activities of Hubs 
with those occurring through other Department of 
Energy entities, including the National Laboratories, 
the Advanced Research Projects Agency—Energy, 
and Energy Frontier Research Collaborations, and 
within industry, including by annually— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
240 
HR 2454 PCS
(A) issuing guidance regarding national 
energy research and development priorities and 
strategic objectives; and 
(B) convening a conference of staff of the 
Department of Energy and representatives from 
such other entities to share research results, 
program plans, and opportunities for collabora-
tion. 
(d) ENTITIES ELIGIBLE FOR SUPPORT.—A consor-
tium shall be eligible to receive allowances to support the 
establishment of a Hub under this section if— 
(1) it is composed of— 
(A) 2 research universities with a com-
bined annual research budget of $500,000,000; 
and 
(B) 1 or more additional qualifying enti-
ties; 
(2) its members have established a binding 
agreement that documents— 
(A) the structure of the partnership agree-
ment; 
(B) a governance and management struc-
ture to enable cost-effective implementation of 
the program; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
241 
HR 2454 PCS
(C) an intellectual property management 
policy; 
(D) a conflicts of interest policy consistent 
with subsection (e)(4); 
(E) an accounting structure that meets the 
requirements of the Department of Energy and 
can be audited under subsection (f)(5); and 
(F) that it has an Advisory Board con-
sistent with subsection (e)(3); 
(3) it receives financial contributions from 
States, consortium participants, or other non-Fed-
eral sources, to be used to support project awards 
pursuant to subsection (e); 
(4) it is part of an existing cluster or dem-
onstrates high potential to develop a new cluster; 
and 
(5) it operates as a nonprofit organization. 
(e) ENERGY INNOVATION HUBS.— 
(1) ROLE.—Hubs receiving allowances under 
this section shall support translational research ac-
tivities leading to commercial application of clean en-
ergy technologies, in accordance with the purposes of 
this section, through issuance of awards to projects 
managed by qualifying entities and other entities 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
242 
HR 2454 PCS
meeting the Hub’s project criteria, including na-
tional laboratories. Each such Hub shall— 
(A) develop and publish for public review 
and comment proposed plans, programs, project 
selection criteria, and terms for individual 
project awards under this subsection; 
(B) submit an annual report to the Sec-
retary summarizing the Hub’s activities, organi-
zational expenditures, and Board members, 
which shall include a certification of compliance 
with conflict of interest policies and a descrip-
tion of each project in the research portfolio; 
(C) establish policies— 
(i) regarding intellectual property de-
veloped as a result of Hub awards and 
other forms of technology support that en-
courage individual ingenuity and invention 
while speeding technology transfer and fa-
cilitating the establishment of rapid com-
mercialization pathways; 
(ii) to prevent resources provided to 
the Hub from being used to displace pri-
vate sector investment otherwise likely to 
occur, including investment from private 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
243 
HR 2454 PCS
sector entities that are members of the 
consortium; 
(iii) to facilitate the participation of 
private investment firms or other private 
entities that invest in clean energy tech-
nologies to perform due diligence on award 
proposals, to participate in the award re-
view process, and to provide guidance to 
projects supported by the Hub; and 
(iv) to facilitate the participation of 
entrepreneurs with a demonstrated history 
of developing and commercializing clean 
energy technologies; 
(D) oversee project solicitations, review 
proposed projects, and select projects for 
awards; and 
(E) monitor project implementation. 
(2) DISTRIBUTION OF AWARDS BY HUBS.—A 
Hub shall distribute awards under this subsection to 
support clean energy technology projects conducting 
translational research and related activities, provided 
that at least 50 percent of such support shall be pro-
vided to projects related to the Hub’s technology de-
velopment focus. 
(3) ADVISORY BOARDS.— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
244 
HR 2454 PCS
(A) IN GENERAL.—Each Hub shall estab-
lish an Advisory Board, the members of which 
shall have extensive and relevant scientific, 
technical, industry, financial, or research man-
agement expertise. The Advisory Board shall 
review the Hub’s proposed plans, programs, 
project selection criteria, and projects and shall 
ensure that projects selected for awards meet 
the conflict of interest policies of the Hub. Ad-
visory Board members other than those rep-
resenting consortium members shall serve for 
no more than 3 years. All Advisory Board mem-
bers shall comply with the Hub’s conflict of in-
terest policies and procedures. 
(B) MEMBERS.—Each Advisory Board 
shall consist of— 
(i) 5 members selected by the consor-
tium’s research universities; 
(ii) 2 members selected by the consor-
tium’s other qualifying entities; 
(iii) 2 members selected at large by 
other Advisory Board members to rep-
resent the entrepreneur and venture cap-
ital communities; and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
245 
HR 2454 PCS
(iv) 1 member appointed by the Sec-
retary. 
(D) COMPENSATION.—Members of an Ad-
visory Board may receive reimbursement for 
travel expenses and a reasonable stipend. 
(4) CONFLICT OF INTEREST.— 
(A) PROCEDURES.—Hubs shall establish 
procedures to ensure that any employee or con-
sortia designee for Hub activities who serves in 
a decisionmaking capacity shall— 
(i) disclose any financial interests in, 
or financial relationships with, applicants 
for or recipients of awards under this sub-
section, including those of his or her 
spouse or minor child, unless such relation-
ships or interests would be considered to 
be remote or inconsequential; and 
(ii) recuse himself or herself from any 
funding decision for projects in which he 
or she has a personal financial interest. 
(B) 
DISQUALIFICATION
AND
REVOCA-
TION.—The Secretary may disqualify an appli-
cation or revoke allowances distributed to the 
Hub or awards provided under this subsection, 
if cognizant officials of the Hub fail to comply 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
246 
HR 2454 PCS
with procedures required under subparagraph 
(A). 
(f) DISTRIBUTION OF ALLOWANCES TO ENERGY IN-
NOVATION HUBS.— 
(1) DISTRIBUTION OF ALLOWANCES.—Not later 
than September 30 of 2011 and each calendar year 
thereafter through 2049, the Secretary shall, in ac-
cordance with the requirements of this section, dis-
tribute to eligible consortia allowances allocated for 
the following vintage year under section 782(h)(1) of 
the Clean Air Act (as added by section 321 of this 
Act). Not less than 10 percent and not more than 
30 percent of the allowances available for distribu-
tion in any given year shall be distributed to support 
any individual Hub under this section. 
(2) SELECTION AND SCHEDULE.—Allowances to 
support the establishment of a Hub shall be distrib-
uted to eligible consortia (as defined in subsection 
(d)) selected through a competitive process. Not 
later than 120 days after the date of enactment of 
this Act, the Secretary shall solicit proposals from 
eligible consortia to establish Hubs, which shall be 
submitted not later than 180 days after the date of 
enactment of this Act. The Secretary shall select the 
program consortia not later than 270 days after the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
247 
HR 2454 PCS
date of enactment of this Act. For at least 3 awards 
to consortia under this section, the Secretary shall 
give special consideration to applications in which 1 
or more of the institutions under subsection 
(d)(1)(A) are 1890 Land Grant Institutions (as de-
fined in section 2 of the Agricultural Research, Ex-
tension, and Education Reform Act of 1998 (7 
U.S.C. 7061)), Predominantly Black Institutions (as 
defined in section 318 of the Higher Education Act 
of 1965 (20 U.S.C. 1059e)), Tribal Colleges or Uni-
versities (as defined in section 316(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)), or 
Hispanic Serving Institutions (as defined in section 
318 of the Higher Education Act of 1965 (20 
U.S.C. 1059e)). 
(3) AMOUNT AND TERM OF AWARDS.—For each 
Hub selected to receive an award under this sub-
section, the Secretary shall define a quantity of al-
lowances that shall be distributed to such Hub each 
year for an initial period not to exceed 5 years. The 
Secretary may extend the term of such award by up 
to 5 additional years, and a Hub may compete to re-
ceive an increase in the quantity of allowances per 
year that it shall receive during any such extension. 
A Hub shall be eligible to compete for a new award 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
248 
HR 2454 PCS
after the expiration of the term of any award, in-
cluding any extension of such term, under this sub-
section. 
(4) USE OF ALLOWANCES.—Allowances distrib-
uted under this section shall be used exclusively to 
support project awards pursuant to subsection (e)(1) 
and (2), provided that a Hub may use not more 
than 10 percent of the value of such allowances for 
its administrative expenses related to making such 
awards. Allowances distributed under this section 
shall not be used for construction of new buildings 
or facilities for Hubs, and construction of new build-
ings or facilities shall not be considered as part of 
the non-Federal share of a cost sharing agreement 
under this section. 
(5) AUDIT.—Each Hub shall conduct, in ac-
cordance with such requirements as the Secretary 
may prescribe, an annual audit to determine the ex-
tent to which allowances distributed to the Hub 
under this subsection, and awards under subsection 
(e), have been utilized in a manner consistent with 
this section. The auditor shall transmit a report of 
the results of the audit to the Secretary and to the 
Government Accountability Office. The Secretary 
shall include such report in an annual report to Con-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
249 
HR 2454 PCS
gress, along with a plan to remedy any deficiencies 
cited in the report. The Government Accountability 
Office may review such audits as appropriate and 
shall have full access to the books, records, and per-
sonnel of the Hub to ensure that allowances distrib-
uted to the Hub under this subsection, and awards 
made under subsection (e), have been utilized in a 
manner consistent with this section. 
(6) REVOCATION OF ALLOWANCES.—The Sec-
retary shall have authority to review awards made 
under this subsection and to revoke such awards if 
the Secretary determines that a Hub has used the 
award in a manner not consistent with the require-
ments of this section. 
SEC. 172. ADVANCED ENERGY RESEARCH. 
(a) DEFINITIONS.—For purposes of this section: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act (as added by section 
311 of this Act). 
(2) DIRECTOR.—The term ‘‘Director’’ means 
Director of the Advanced Research Projects Agency- 
Energy. 
(b) IN GENERAL.—Not later than September 30 of 
2011 and each calendar year thereafter through 2049, the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
250 
HR 2454 PCS
Director shall distribute allowances allocated for the fol-
lowing vintage year under section 782(h)(2) of the Clean 
Air Act (as added by section 321 of this Act). Such allow-
ances shall be distributed on a competitive basis to institu-
tions of higher education, companies, research founda-
tions, trade and industry research collaborations, or con-
sortia of such entities, or other appropriate research and 
development entities to achieve the goals of the Advanced 
Research Projects Agency-Energy (as described in section 
5012(c) of the America COMPETES Act) through tar-
geted acceleration of— 
(1) novel early-stage energy research with pos-
sible technology applications; 
(2) development of techniques, processes, and 
technologies, and related testing and evaluation; 
(3) development of manufacturing processes for 
technologies; and 
(4) demonstration and coordination with non-
governmental entities for commercial applications of 
technologies and research applications. 
(c) RESPONSIBILITIES.—The Director shall be re-
sponsible for assessing the success of programs and termi-
nating programs carried out under this section that are 
not achieving the goals of the programs, consistent with 
5012(e)(2) and (4) of the America COMPETES Act. The 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
251 
HR 2454 PCS
Director shall designate program managers whose respon-
sibilities are consistent with 5012(f)(1)(B) of the America 
COMPETES Act. The Director’s reporting and coordina-
tion requirements established through 5012(g) and (h) of 
the America COMPETES Act shall apply to activities 
funded through this section. 
(d) SUPPLEMENT NOT SUPPLANT.—Assistance pro-
vided under this section shall be used to supplement, and 
not to supplant, any other Federal resources available to 
carry out activities described in this section. 
SEC. 173. BUILDING ASSESSMENT CENTERS. 
(a) IN GENERAL.—The Secretary of Energy (in this 
section referred to as the ‘‘Secretary’’) shall provide fund-
ing to institutions of higher education for Building Assess-
ment Centers to— 
(1) identify opportunities for optimizing energy 
efficiency and environmental performance in existing 
buildings; 
(2) promote high-efficiency building construc-
tion techniques and materials options; 
(3) promote applications of emerging concepts 
and technologies in commercial and institutional 
buildings; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
252 
HR 2454 PCS
(4) train engineers, architects, building sci-
entists, and building technicians in energy-efficient 
design and operation; 
(5) assist local community colleges, trade 
schools, registered apprenticeship programs and 
other accredited training programs in training build-
ing technicians; 
(6) promote research and development for the 
use of alternative energy sources to supply heat and 
power, for buildings, particularly energy-intensive 
buildings; and 
(7) coordinate with and assist State-accredited 
technical training centers and community colleges, 
while ensuring appropriate services to all regions of 
the United States. 
(b) COORDINATION WITH REGIONAL CENTERS FOR 
ENERGY AND ENVIRONMENTAL KNOWLEDGE AND OUT-
REACH.—A Building Assessment Center may serve as a 
Center for Energy and Environmental Knowledge and 
Outreach established pursuant to section 174. 
(c) COORDINATION
AND DUPLICATION.—The Sec-
retary shall coordinate efforts under this section with 
other programs of the Department of Energy and other 
Federal agencies to avoid duplication of effort. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
253 
HR 2454 PCS
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $50,000,000 for fiscal year 2010 and each 
fiscal year thereafter. 
SEC. 174. CENTERS FOR ENERGY AND ENVIRONMENTAL 
KNOWLEDGE AND OUTREACH. 
(a) REGIONAL CENTERS FOR ENERGY AND ENVI-
RONMENTAL KNOWLEDGE AND OUTREACH.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish not more than 10 regional Centers for En-
ergy and Environmental Knowledge and Outreach at 
institutions of higher education to coordinate with 
and advise industrial research and assessment cen-
ters, Building Assessment Centers, and Clean En-
ergy Application Centers located in the region of 
such Center for Energy and Environmental Knowl-
edge and Outreach. 
(2) TECHNICAL ASSISTANCE PROGRAMS.—Each 
Center for Energy and Environmental Knowledge 
and Outreach shall consist of at least one, new or 
existing, high performing, of the following: 
(A) An industrial research and assessment 
center. 
(B) A Clean Energy Application Center. 
(C) A Building Assessment Center. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
254 
HR 2454 PCS
(3) SELECTION CRITERIA.—The Secretary shall 
select Centers for Energy and Environmental 
Knowledge and Outreach through a competitive 
process, based on the following: 
(A) Identification of the highest per-
forming industrial research and assessment cen-
ters, Clean Energy Application Centers, and 
Building Assessment Centers. 
(B) The degree to which an institution of 
higher education maintains credibility among 
regional private sector organizations such as 
trade associations, engineering associations, and 
environmental organizations. 
(C) The degree to which an institution of 
higher education is providing or has provided 
technical assistance, academic leadership, and 
market leadership in the energy arena in a 
manner that is consistent with the areas of 
focus of industrial research and assessment cen-
ters, Clean Energy Application Centers, and 
Building Assessment Centers. 
(D) The presence of an additional indus-
trial research and assessment center, Clean En-
ergy Application Center, or Building Assess-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
255 
HR 2454 PCS
ment Center at the institution of higher edu-
cation. 
(4) GEOGRAPHIC DIVERSITY.—In selecting Cen-
ters for Energy and Environmental Knowledge and 
Outreach under this subsection, the Secretary shall 
ensure such Centers are distributed geographically 
in a relatively uniform manner to ensure all regions 
of the Nation are represented. 
(5) REGIONAL LEADERSHIP.—Each Center for 
Energy and Environmental Knowledge and Outreach 
shall, to the extent possible, provide leadership to all 
other industrial research and assessment centers, 
Clean Energy Application Centers, and Building As-
sessment Centers located in the Center’s geographic 
region, as determined by the Secretary. Such leader-
ship shall include— 
(A) developing regional goals specific to 
the purview of the industrial research and as-
sessment centers, Clean Energy Application 
Centers, and Building Assessment Centers pro-
grams; 
(B) developing regionally specific technical 
resources; and 
(C) outreach to interested parties in the 
region to inform them of the information, re-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
256 
HR 2454 PCS
sources, and services available through the asso-
ciated industrial research and assessment cen-
ters, Clean Energy Application Centers, and 
Building Assessment Centers. 
(6) FURTHER COORDINATION.—To increase the 
value and capabilities of the regionally associated in-
dustrial research and assessment centers, Clean En-
ergy Application Centers, and Building Assessment 
Centers programs, Centers for Energy and Environ-
mental Knowledge and Outreach shall— 
(A) coordinate with Manufacturing Exten-
sion Partnership Centers of the National Insti-
tute of Science and Technology; 
(B) coordinate with the relevant programs 
in the Department of Energy, including the 
Building Technology Program and Industrial 
Technologies Program; 
(C) increase partnerships with the Na-
tional Laboratories of the Department of En-
ergy to leverage the expertise and technologies 
of the National Laboratories to achieve the 
goals of the industrial research and assessment 
centers, Clean Energy Application Centers, and 
Building Assessment Centers; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
257 
HR 2454 PCS
(D) work with relevant municipal, county, 
and State economic development entities to le-
verage relevant financial incentives for capital 
investment and other policy tools for the protec-
tion and growth of local business and industry; 
(E) partner with local professional and pri-
vate trade associations and business develop-
ment interests to leverage existing knowledge of 
local business challenges and opportunities; 
(F) work with energy utilities and other 
administrators of publicly funded energy pro-
grams to leverage existing energy efficiency and 
clean energy programs; 
(G) identify opportunities for reducing 
greenhouse gas emissions; and 
(H) promote sustainable business practices 
for those served by the industrial research and 
assessment centers, Clean Energy Application 
Centers, and Building Assessment Centers. 
(7) WORKFORCE TRAINING.— 
(A) IN GENERAL.—The Secretary shall re-
quire each Center for Energy and Environ-
mental Knowledge and Outreach to establish or 
maintain an internship program for the region 
of such Center, designed to encourage students 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
258 
HR 2454 PCS
who perform energy assessments to continue 
working with a particular company, building, or 
facility to help implement the recommendations 
contained in any such assessment provided to 
such company, building, or facility. Each Center 
for Energy and Environmental Knowledge and 
Outreach shall act as internship coordinator to 
help match students to available opportunities. 
(B) FEDERAL SHARE.—The Federal share 
of the cost of carrying out internship programs 
described under subparagraph (A) shall be 50 
percent. 
(C) FUNDING.—Subject to the availability 
of appropriations, of the funds made available 
to carry out this subsection, the Secretary shall 
use to carry out this paragraph not less than 
$5,000,000 for fiscal year 2010 and each fiscal 
year thereafter. 
(8) SMALL
BUSINESS
LOANS.—The Adminis-
trator of the Small Business Administration shall, to 
the maximum practicable, expedite consideration of 
applications from eligible small business concerns for 
loans under the Small Business Act (15 U.S.C. 631 
et seq.) for loans to implement recommendations of 
any industrial research and assessment center, Clean 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
259 
HR 2454 PCS
Energy Application Center, or Building Assessment 
Center. 
(9) DEFINITIONS.—In this subsection: 
(A) INDUSTRIAL RESEARCH AND ASSESS-
MENT CENTER.—The term ‘‘industrial research 
and assessment center’’ means a center estab-
lished or maintained pursuant to section 452(e) 
of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17111(e)). 
(B) CLEAN
ENERGY
APPLICATION
CEN-
TER.—The term ‘‘Clean Energy Application 
Center’’ means a center redesignated and de-
scribed section under section 375 of the Energy 
Policy and Conservation Act (42 U.S.C. 6345). 
(C) BUILDING ASSESSMENT CENTER.—The 
term ‘‘Building Assessment Center’’ means an 
institution of higher education-based center es-
tablished pursuant to section 173. 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Energy. 
(10) FUNDING.—There are authorized to be ap-
propriated to the Secretary to carry out this sub-
section $10,000,000 for fiscal year 2010 and each 
fiscal year thereafter. Subject to the availability of 
appropriations, of the funds made available to carry 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
260 
HR 2454 PCS
out this subsection, the Secretary shall provide to 
each Center for Energy and Environmental Knowl-
edge and Outreach not less than $500,000 for fiscal 
year 2010 and each fiscal year thereafter. 
(b) INTEGRATION OF OTHER TECHNICAL ASSIST-
ANCE PROGRAMS.— 
(1) CLEAN ENERGY APPLICATION CENTERS.— 
Section 375 of the Energy Policy and Conservation 
Act (42 U.S.C. 6345) is amended— 
(A) by redesignating subsection (f) as sub-
section (g); and 
(B) by adding after subsection (e) the fol-
lowing new subsection: 
‘‘(f) COORDINATION WITH CENTERS FOR ENERGY 
AND ENVIRONMENTAL KNOWLEDGE AND OUTREACH.—A 
Clean Energy Application Center may serve as a Center 
for Energy and Environmental Knowledge and Outreach 
established pursuant to section 174 of the American Clean 
Energy and Security Act of 2009.’’. 
(2) INDUSTRIAL RESEARCH AND ASSESSMENT 
CENTERS.—Section 452(e) of the Energy Independ-
ence and Security Act of 2007 (42 U.S.C. 17111(e)) 
is amended— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
261 
HR 2454 PCS
(A) by striking ‘‘The Secretary’’ and all 
that follows through ‘‘shall be—’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to institution of higher education-based in-
dustrial research and assessment centers, whose pur-
poses shall be—’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subparagraphs (A) through (E), 
respectively (and by moving the margins of such 
subparagraphs 2 ems to the right); and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) COORDINATION WITH CENTERS FOR EN-
ERGY AND ENVIRONMENTAL KNOWLEDGE AND OUT-
REACH.—An industrial research and assessment cen-
ter may serve as a Center for Energy and Environ-
mental Knowledge and Outreach established pursu-
ant to section 174 of the American Clean Energy 
and Security Act of 2009.’’. 
(c) ADDITIONAL FUNDING FOR CLEAN ENERGY AP-
PLICATION CENTERS.—Subsection (g) of section 375 of 
the Energy Policy and Conservation Act (42 U.S.C. 
6345(f)), as redesignated by subsection (b)(1) of this sec-
tion, is amended by striking ‘‘$10,000,000 for each of fis-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
262 
HR 2454 PCS
cal years 2008 through 2012’’ and inserting ‘‘$30,000,000 
for fiscal year 2010 and each fiscal year thereafter’’. 
SEC. 175. HIGH EFFICIENCY GAS TURBINE RESEARCH, DE-
VELOPMENT, AND DEMONSTRATION. 
(a) IN GENERAL.—The Secretary of Energy shall 
carry out a multiyear, multiphase program of research, de-
velopment, and technology demonstration to improve the 
efficiency of gas turbines used in combined cycle power 
generation systems and to identify the technologies that 
ultimately will lead to gas turbine combined cycle effi-
ciency of 65 percent. 
(b) PROGRAM ELEMENTS.—The program under this 
section shall— 
(1) support first-of-a-kind engineering and de-
tailed gas turbine design for utility-scale electric 
power generation, including— 
(A) high temperature materials, including 
superalloys, coatings, and ceramics; 
(B) improved heat transfer capability; 
(C) manufacturing technology required to 
construct complex three-dimensional geometry 
parts with improved aerodynamic capability; 
(D) combustion technology to produce 
higher firing temperature while lowering nitro-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
263 
HR 2454 PCS
gen oxide and carbon monoxide emissions per 
unit of output; 
(E) advanced controls and systems integra-
tion; 
(F) advanced high performance compressor 
technology; and 
(G) validation facilities for the testing of 
components and subsystems; 
(2) include technology demonstration through 
component testing, subscale testing, and full scale 
testing in existing fleets; 
(3) include field demonstrations of the devel-
oped technology elements so as to demonstrate tech-
nical and economic feasibility; and 
(4) assess overall combined cycle system per-
formance. 
(c) PROGRAM GOALS.—The goals of the multiphase 
program established under subsection (a) shall be— 
(1) in phase I— 
(A) to develop the conceptual design of ad-
vanced high efficiency gas turbines that can 
achieve at least 62 percent combined cycle effi-
ciency on a lower heating value basis; and 
(B) to develop and demonstrate the tech-
nology required for advanced high efficiency gas 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
264 
HR 2454 PCS
turbines that can achieve at least 62 percent 
combined cycle efficiency on a lower heating 
value basis; and 
(2) in phase II, to develop the conceptual de-
sign for advanced high efficiency gas turbines that 
can achieve at least 65 percent combined cycle effi-
ciency on a lower heating value basis. 
(d) PROPOSALS.—Within 180 days after the date of 
enactment of this section, the Secretary shall solicit pro-
posals for conducting activities under this section. In se-
lecting proposals, the Secretary shall emphasize— 
(1) the extent to which the proposal will stimu-
late the creation or increased retention of jobs in the 
United States; and 
(2) the extent to which the proposal will pro-
mote and enhance United States technology leader-
ship. 
(e) COST SHARING.—Section 988 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16352) shall apply to an award 
of financial assistance made under this section. 
(f) LIMITS ON PARTICIPATION.—The limits on par-
ticipation applicable under section 999E of the Energy 
Policy Act of 2005 (42 U.S.C. 16375) shall apply to finan-
cial assistance awarded under this section. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
265 
HR 2454 PCS
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for car-
rying out this section $65,000,000 for each of fiscal years 
2011 through 2014. 
Subtitle I—Nuclear and Advanced 
Technologies 
SEC. 181. REVISIONS TO LOAN GUARANTEE PROGRAM AU-
THORITY. 
(a) DEFINITION OF CONDITIONAL COMMITMENT.— 
Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 
16511), as amended by section 130(a) of this Act, is 
amended by adding after paragraph (7) the following: 
‘‘(8) CONDITIONAL
COMMITMENT.—The term 
‘conditional commitment’ means a final term sheet 
negotiated between the Secretary and a project 
sponsor or sponsors, which term sheet shall be bind-
ing on both parties and become a final loan guar-
antee agreement if all conditions precedent estab-
lished in the term sheet, which shall include the ac-
quisition of all necessary permits and licenses, are 
satisfied.’’. 
(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
16512) is amended by striking subsection (b) and insert-
ing the following: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
266 
HR 2454 PCS
‘‘(b) SPECIFIC
APPROPRIATION
OR
CONTRIBU-
TION.— 
‘‘(1) IN
GENERAL.—No guarantee shall be 
made unless— 
‘‘(A) an appropriation for the cost has 
been made; 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the 
obligation and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of appropriations or 
payments from the borrower has been made 
sufficient to cover the cost of the obligation. 
‘‘(2) LIMITATION.—The source of payments re-
ceived from a borrower under paragraph (1)(B) shall 
not be a loan or other debt obligation that is made 
or guaranteed by the Federal Government.’’. 
(c) FEES.—Section 1702(h) of the Energy Policy Act 
of 2005 (42 U.S.C. 16512(h)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) AVAILABILITY.—Fees collected under this 
subsection shall— 
‘‘(A) be deposited by the Secretary into a 
special fund in the Treasury to be known as the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
267 
HR 2454 PCS
‘Incentives For Innovative Technologies Fund’; 
and 
‘‘(B) remain available to the Secretary for 
expenditure, without further appropriation or 
fiscal year limitation, for administrative ex-
penses incurred in carrying out this title.’’. 
(d) WAGE RATE REQUIREMENTS.—Section 1702 of 
the Energy Policy Act of 2005 (42 U.S.C. 16512) is 
amended by adding at the end the following new sub-
section: 
‘‘(k) WAGE RATE REQUIREMENTS.—No loan guar-
antee shall be made under this title unless the borrower 
has provided to the Secretary reasonable assurances that 
all laborers and mechanics employed by contractors and 
subcontractors in the performance of construction work fi-
nanced in whole or in part by the guaranteed loan will 
be paid wages at rates not less than those prevailing on 
projects of a character similar to the contract work in the 
civil subdivision of the State in which the contract work 
is to be performed as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of 
part A of subtitle II of title 40, United States Code. With 
respect to the labor standards specified in this subsection, 
the Secretary of Labor shall have the authority and func-
tions set forth in Reorganization Plan Numbered 14 of 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
268 
HR 2454 PCS
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 
of title 40, United States Code.’’. 
(e) SUBROGATION.—Section 1702(g)(2) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is 
amended by striking subparagraphs (B) and (C) and in-
serting the following: 
‘‘(B) SUPERIORITY OF RIGHTS.—Except as 
provided in subparagraph (C), the rights of the 
Secretary, with respect to any property ac-
quired pursuant to a guarantee or related 
agreements, shall be superior to the rights of 
any other person with respect to the property. 
‘‘(C) TERMS AND CONDITIONS.—A guar-
antee agreement shall include such detailed 
terms and conditions as the Secretary deter-
mines appropriate to— 
‘‘(i) protect the financial interests of 
the United States in the case of default; 
‘‘(ii) have available all the patents and 
technology necessary for any person se-
lected, including the Secretary, to complete 
and operate the project; 
‘‘(iii) provide for sharing the proceeds 
received from the sale of project assets 
with other creditors or control the disposi-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
713 
HR 2454 PCS
tor that meets the energy or greenhouse gas in-
tensity criteria in section 764(b)(2)(A)(i). 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of this title, the Admin-
istrator shall issue regulations establishing a Federal 
greenhouse gas registry. Such regulations shall— 
‘‘(A) require reporting entities to submit to 
the Administrator data on— 
‘‘(i) greenhouse gas emissions in the 
United States; 
‘‘(ii) the production and manufacture 
in the United States, importation into the 
United States, and, at the discretion of the 
Administrator, 
exportation 
from 
the 
United States, of fuels and industrial gases 
the uses of which result or may result in 
greenhouse gas emissions; 
‘‘(iii) deliveries in the United States of 
natural gas, and any other gas meeting the 
specifications for commingling with natural 
gas for purposes of delivery, the combus-
tion of which result or may result in green-
house gas emissions; and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00713
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
726 
HR 2454 PCS
‘‘Calendar year 
Emission allowances (in mil-
lions) 
2032 
3,283 
2033 
3,158 
2034 
3,033 
2035 
2,908 
2036 
2,784 
2037 
2,659 
2038 
2,534 
2039 
2,409 
2040 
2,284 
2041 
2,159 
2042 
2,034 
2043 
1,910 
2044 
1,785 
2045 
1,660 
2046 
1,535 
2047 
1,410 
2048 
1,285 
2049 
1,160 
2050 and each year thereafter 
1,035 
‘‘(2) REVISION.— 
‘‘(A) IN
GENERAL.—The Administrator 
may adjust, in accordance with subparagraph 
(B), the number of emission allowances estab-
lished pursuant to paragraph (1) if, after notice 
and an opportunity for public comment, the Ad-
ministrator determines that— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00726
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS