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(b) in the State by the entity that receives such credit or
such incentive.
(b) ELIGIBLE ENTITIES.—Subsection (a) shall apply
with respect to the production in the State of—
(1) electricity from coal mined in the State and
used in a facility, if such production meets all appli-
cable Federal and State laws and if such facility
uses scrubbers or other forms of clean coal tech-
nology,
(2) electricity from a renewable source such as
wind, solar, or biomass, or
(3) ethanol.
(c) EFFECT ON INTERSTATE COMMERCE.—Any ac-
tion taken by a State in accordance with this section with
respect to a tax or fee payable, or incentive applicable,
for any period beginning after the date of the enactment
of this Act shall—
(1) be considered to be a reasonable regulation
of commerce; and
(2) not be considered to impose an undue bur-
den on interstate commerce or to otherwise impair,
restrain, or discriminate, against interstate com-
merce.
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SEC. 1446. REGULATION OF CERTAIN OIL USED IN TRANS-
FORMERS.
Notwithstanding any other provision of law, or rule
promulgated by the Environmental Protection Agency,
vegetable oil made from soybeans and used in electric
transformers as thermal insulation shall not be regulated
as an oil identified under section 2(a)(1)(B) of the Edible
Oil Regulatory Reform Act (33 U.S.C. 2720(a)(1)(B)).
SEC. 1447. RISK ASSESSMENTS.
Subtitle B of title XXX of the Energy Policy Act of
1992 is amended by adding at the end the following new
section:
‘‘SEC. 3022. RISK ASSESSMENT.
‘‘Federal agencies conducting assessments of risks to
human health and the environment from energy tech-
nology, production, transport, transmission, distribution,
storage, use, or conservation activities shall use sound and
objective scientific practices in assessing such risks, shall
consider the best available science (including peer reviewed
studies), and shall include a description of the weight of
the scientific evidence concerning such risks.’’.
SEC. 1448. OXYGEN-FUEL.
(a) PROGRAM.—The Secretary of Energy shall estab-
lish a program on oxygen-fuel systems. If feasible, the pro-
gram shall include renovation of at least one existing large
unit and one existing small unit, and construction of one
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new large unit and one new small unit. Cost sharing shall
not be required.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for car-
rying out this section—
(1) $100,000,000 for fiscal year 2006;
(2) $100,000,000 for fiscal year 2007; and
(3) $100,000,000 for fiscal year 2008.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘large unit’’ means a unit with a
generating capacity of 100 megawatts or more;
(2) the term ‘‘oxygen-fuel systems’’ means sys-
tems that utilize fuel efficiency benefits of oil, gas,
coal, and biomass combustion using substantially
pure oxygen, with high flame temperatures and the
exclusion of air from the boiler, in industrial or elec-
tric utility steam generating units; and
(3) the term ‘‘small unit’’ means a unit with a
generating capacity in the 10–50 megawatt range.
SEC. 1449. PETROCHEMICAL AND OIL REFINERY FACILITY
HEALTH ASSESSMENT.
(a) ESTABLISHMENT.—The Secretary of Energy
shall conduct a study of direct and significant health im-
pacts to persons resulting from living in proximity to pe-
trochemical and oil refinery facilities. The Secretary shall