Union Calendar No. 417
105TH CONGRESS
2D SESSION
H. R. 4017
[Report No. 105–727]
A BILL
To extend certain programs under the Energy Pol-
icy and Conservation Act and the Energy Con-
servation and Production Act, and for other pur-
poses.
SEPTEMBER 17, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 417
105TH CONGRESS
2D SESSION
H. R. 4017
[Report No. 105–727]
To extend certain programs under the Energy Policy and Conservation Act
and the Energy Conservation and Production Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1998
Mr. DAN SCHAEFER of Colorado (for himself and Mr. HALL of Texas) intro-
duced the following bill; which was referred to the Committee on Com-
merce
SEPTEMBER 17, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 9, 1998]
A BILL
To extend certain programs under the Energy Policy and
Conservation Act and the Energy Conservation and Pro-
duction Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy Conservation
Reauthorization Act of 1998’’.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMEND-
MENTS.
(a) INTERAGENCY WORKING GROUPS.—Section 256(h)
of the Energy Policy and Conservation Act (42 U.S.C.
6276(h)) is amended to read as follows:
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for fiscal
years 1999 through 2003 such sums as may be necessary
to carry out subsections (d) and (e), to be divided equitably
between the interagency working subgroups based on pro-
gram requirements.’’.
(b) STATE ENERGY CONSERVATION PROGRAM.—Sec-
tion 365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended to read as follows:
‘‘(f) For the purpose of carrying out this part, there
are authorized to be appropriated for fiscal years 1999
through 2003 such sums as may be necessary.’’.
(c) SCHOOLS AND HOSPITALS.—Section 397 the En-
ergy Policy and Conservation Act (42 U.S.C. 6371f) is
amended to read as follows:
SEC. 5. TECHNICAL AMENDMENTS.
(a) ENERGY POLICY AND CONSERVATION ACT.—The
Energy Policy and Conservation Act is amended—
(1) in the table of contents—
(A) by striking ‘‘Sec. 301.’’ and all that fol-
lows through ‘‘Reports to Congress.’.’’;
(B) by striking ‘‘efficiency’’ and inserting
‘‘conservation’’ in the item relating to section
325;
(C) by striking ‘‘and private labelers’’ in
the item relating to section 326;
(D) by striking the items relating to part E
of title III;
(E) by inserting after the items relating to
part I of title III the following:
‘‘PART J—ENCOURAGING THE USE OF ALTERNATIVE FUELS
‘‘Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
‘‘Sec. 400BB. Alternative fuels truck commercial application program.
‘‘Sec. 400CC. Alternative fuels bus program.
‘‘Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
‘‘Sec. 400EE. Studies and reports.’’;
(F) by inserting ‘‘Environmental’’ after
‘‘Energy Supply and’’ in the item relating to
section 505; and
(G) by striking the item relating to section
527;
(2) in section 321(1) (42 U.S.C. 6291(1))—
(A) by striking ‘‘section 501(1) of the Motor
Vehicle Information and Cost Savings Act’’ and
inserting ‘‘section 32901(a)(3) of title 49, United
States Code’’; and
(B) by striking the second period at the end
thereof;
(3) 
in 
section 
322(b)(2)(A) 
(42 
U.S.C.
6292(b)(2)(A)) by inserting close quotation marks
after ‘‘type of product’’;
(4) in section 324(a)(2)(C)(ii) (42 U.S.C.
6294(a)(2)(C)(ii)) by striking ‘‘section 325(j)’’ and
inserting ‘‘section 325(i)’’;
(5) in section 325 (42 U.S.C. 6295)—
(A) by striking ‘‘paragraphs’’ in subsection
(e)(4)(A) and inserting ‘‘paragraph’’; and
(B) by striking ‘‘BALLASTS;’’ in the heading
of subsection (g) and inserting ‘‘BALLASTS’’;
(6) in section 336(c)(2) (42 U.S.C. 6306(c)(2))
by striking ‘‘section 325(k)’’ and inserting ‘‘section
325(n)’’;
(7) in section 345(c) (42 U.S.C. 6316(c)) by in-
serting ‘‘standard’’ after ‘‘meets the applicable’’;
(8) in section 362 (42 U.S.C. 6322)—
(A) by inserting ‘‘of’’ after ‘‘of the imple-
mentation’’ in subsection (a)(1); and
(B) by striking ‘‘subsection (g)’’ and insert-
ing ‘‘subsection (f)(2)’’ in subsection (d)(12);
(9) in section 391(2)(B) (42 U.S.C. 6371(2)(B))
by striking the period at the end and inserting a
semicolon;
(10) in section 394(a) (42 U.S.C. 6371c(a))—
(A) by striking the commas at the end of
paragraphs (1), (3), and (5) and inserting semi-
colons;
(B) by striking the period at the end of
paragraph (2) and inserting a semicolon; and
(C) by striking the colon at the end of para-
graph (6) and inserting a semicolon;
(11) in section 400 (42 U.S.C. 6371i) by striking
‘‘(a)’’;
(12) in section 400D(a) (42 U.S.C. 6372c(a)) by
striking the commas at the end of paragraphs (1), (2),
and (3) and inserting semicolons;
(13) in section 400I(b) (42 U.S.C. 6372h(b)) by
striking ‘‘Secretary shall,’’ and inserting ‘‘Secretary
shall’’;
(14) in section 400AA (42 U.S.C. 6374) by re-
designating subsection (i) as subsection (h);
(15) in section 503 (42 U.S.C. 6383)—
(A) by striking ‘‘with repect to’’ and insert-
ing ‘‘with respect to’’ in subsection (b); and
(B) by striking ‘‘controlling’’ and inserting
‘‘, controlling,’’ in subsection (c)(1); and
(16) 
in 
section 
552(d)(5)(A) 
(42 
U.S.C.
6422(d)(5)(A)) by striking ‘‘notion’’ and inserting
‘‘motion’’.
(b) ENERGY CONSERVATION AND PRODUCTION ACT.—
The Energy Conservation and Production Act is amend-
ed—
(1) in the table of contents—
(A) by striking ‘‘rules and regulations’’ and
inserting ‘‘regulations and rulings’’ in the item
relating to section 106; and
(B) by striking the item relating to section
207 and inserting the following:
‘‘Sec. 207. State utility regulatory assistance.
‘‘Sec. 208. Authorization of appropriations.’’; and
(2) in section 202 (42 U.S.C. 6802) by striking
‘‘(b) DEFINITIONS.—’’.
(c) NATIONAL ENERGY CONSERVATION POLICY ACT.—
The National Energy Conservation Policy Act is amend-
ed—
(1) in the table of contents—
(A) by striking ‘‘, installation, and financ-
ing’’ and inserting ‘‘and installation’’ in the
item relating to section 216;
(B) by striking ‘‘Ratings’’ and inserting
‘‘Rating Guidelines’’ in the item relating to part
6 of title II;
(C) by striking the item relating to section
304; and
(D) by striking ‘‘goals’’ and inserting ‘‘re-
quirements’’ in the item relating to section 543;
(2) 
in 
section 
216(d)(1)(C) 
(42 
U.S.C.
8217(d)(1)(C)) by striking ‘‘explictly’’ and inserting
‘‘explicitly’’;
(3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))—
(A) by striking ‘‘National Housing Act to
projects’’ and inserting ‘‘National Housing Act)
to projects’’; and
(B) by striking ‘‘accure’’ and inserting ‘‘ac-
crue’’;
(4) in section 266 (42 U.S.C. 8235e) by striking
‘‘(17 U.S.C.’’ and inserting ‘‘(15 U.S.C.’’; and
(5) in section 551(8) (42 U.S.C. 8259(8)) by
striking ‘‘goethermal’’ and inserting ‘‘geothermal’’.
SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.
Section 104(b) of the Energy Policy and Conservation
Act is amended by striking ‘‘(1) The authority’’ and all that
follows through ‘‘(2)’’.
SEC. 7. BIODIESEL FUEL USE CREDITS.
(a) AMENDMENT.—Title III of the Energy Policy Act
of 1992 (42 U.S.C. 13211–13219) is amended by adding
at the end the following new section:
‘‘SEC. 312. BIODIESEL FUEL USE CREDITS.
‘‘(a) ALLOCATION OF CREDITS.—
‘‘(1) IN GENERAL.—The Secretary shall allocate
one credit under this section to a fleet or covered per-
son for each qualifying volume of the biodiesel compo-
nent of fuel containing at least 20 percent biodiesel
by volume purchased after the date of the enactment
of this section for use by the fleet or covered person
in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehi-
cle weight rating.
‘‘(2) EXCEPTIONS.—No credits shall be allocated
under paragraph (1) for a purchase of biodiesel—
‘‘(A) for use in alternative fueled vehicles; or
‘‘(B) that is required by Federal or State
law.
‘‘(3) AUTHORITY TO MODIFY PERCENTAGE.—The
Secretary may, by rule, lower the 20 percent biodiesel
volume requirement in paragraph (1) for reasons re-
lated to cold start, safety, or vehicle function consider-
ations.
‘‘(4) DOCUMENTATION.—A fleet or covered person
seeking a credit under this section shall provide writ-
ten documentation to the Secretary supporting the al-
location of a credit to such fleet or covered person
under paragraph (1).
‘‘(b) USE OF CREDITS.—
‘‘(1) IN GENERAL.—At the request of a fleet or
covered person allocated a credit under subsection (a),
the Secretary shall, for the year in which the purchase
of a qualifying volume is made, treat that purchase
as the acquisition of one alternative fueled vehicle the
fleet or covered person is required to acquire under
this title, title IV, or title V.
‘‘(2) LIMITATION.—Credits allocated under sub-
section (a) may not be used to satisfy more than 50
percent of the alternative fueled vehicle requirements
of a fleet or covered person under this title, title IV,
and title V. This paragraph shall not apply to a fleet
or covered person that is a biodiesel alternative fuel
provider described in section 501(a)(2)(A).
‘‘(c) CREDIT NOT A SECTION 508 CREDIT.—A credit
under this section shall not be considered a credit under
section 508.
‘‘(d) ISSUANCE OF RULE.—The Secretary shall, before
January 1, 1999, issue a rule establishing procedures for
the implementation of this section.
‘‘(e) COLLECTION OF DATA.—The Secretary shall col-
lect such data as are required to make a determination de-
scribed in subsection (f)(2)(B).
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘biodiesel’ means a diesel fuel sub-
stitute produced from nonpetroleum renewable re-
sources that meets the registration requirements for
fuels and fuel additives established by the Environ-
mental Protection Agency under section 211 of the
Clean Air Act; and
‘‘(2) the term ‘qualifying volume’ means—
‘‘(A) 450 gallons; or
‘‘(B) if the Secretary determines by rule
that the average annual alternative fuel use in
light duty vehicles by fleets and covered persons
exceeds 450 gallons or gallon equivalents, the
amount of such average annual alternative fuel
use.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of
contents of the Energy Policy Act of 1992 is amended by
adding at the end of the items relating to title III the follow-
ing new item:
‘‘Sec. 312. Biodiesel fuel use credits.’’.