432 
cific wholesale purchase prices and retail sale prices, 
on a monthly basis. 
(2) For manufacturers, model-specific energy 
consumption data. 
(3) For manufacturers, on an immediate basis, 
information concerning any product design or func-
tion changes that affect the energy consumption of the 
unit. 
(4) The methods used to increase the sales of 
qualifying products. 
(g) MONITORING AND VERIFICATION PROTOCOLS.— 
The Secretary of Energy shall establish monitoring and 
verification protocols for energy consumption tests for each 
product model and for sales of energy-efficient models. 
(h) DISCLOSURE.—The Secretary of Energy may re-
quire that retailers and distributors disclose publicly and 
to consumers their participation in the program under this 
section. 
(i) COST-EFFECTIVENESS REQUIREMENT.— 
(1) REQUIREMENT.—The Secretary of Energy 
shall make cost-effectiveness a top priority in design-
ing the program under, and administering, this sec-
tion, except that the cost-effectiveness of providing 
premium awards to manufacturers under subsection 
(e), in aggregate, may be lower by this measure than 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00432
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
433 
that of the bonuses and bounties to retailers and dis-
tributors under subsections (c) and (d). 
(2) DEFINITIONS.—In this subsection: 
(A) COST-EFFECTIVENESS.—The term ‘‘cost- 
effectiveness’’ means a measure of aggregate sav-
ings in the cost of energy over the lifetime of a 
product in relation to the cost to the Secretary 
of the bonuses, bounties, and premium awards 
provided under this section for a product. 
(B) SAVINGS.—The term ‘‘savings’’ means 
the cumulative megawatt-hours of electricity or 
million British thermal units of other fuels saved 
by a product during the projected useful life of 
the product, in comparison to projected energy 
consumption of the average product in the same 
class, taking into consideration the impact of 
any documented measures to replace, retire, and 
recycle low-efficiency products at the time of 
purchase of highly-efficient substitutes. 
(j) DEFINITIONS.—In this section— 
(1) the term ‘‘distributor’’ mean an individual, 
organization, or company that sells products in mul-
tiple lots and not directly to end-users; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00433
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
434 
(2) the term ‘‘retailer’’ means an individual, or-
ganization, or company that sells products directly to 
end-users; and 
(3) the term ‘‘Superefficient Best-in-Class Prod-
uct’’ means a product that— 
(A) can be mass produced; and 
(B) achieves the highest level of efficiency 
that the Secretary of Energy finds can, given the 
current state of technology, be produced and sold 
commercially to mass-market consumers. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated $300,000,000 for each of the 
fiscal years 2010 through 2014 to the Secretary of Energy 
for purposes of this section, of which not more than 10 per-
cent for any fiscal year may be expended on program ad-
ministration. 
SEC. 215. WATERSENSE. 
(a) IN GENERAL.—There is established within the En-
vironmental Protection Agency a WaterSense program to 
identify and promote water efficient products, buildings 
and landscapes, and services in order— 
(1) to reduce water use; 
(2) to reduce the strain on water, wastewater, 
and stormwater infrastructure; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00434
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
435 
(3) to conserve energy used to pump, heat, trans-
port, and treat water; and 
(4) to preserve water resources for future genera-
tions, 
through voluntary labeling of, or other forms of communica-
tions about, products, buildings and landscapes, and serv-
ices that meet the highest water efficiency and performance 
standards. 
(b) DUTIES.—The Administrator shall— 
(1) promote WaterSense labeled products, build-
ings and landscapes, and services in the market place 
as the preferred technologies and services for— 
(A) reducing water use; and 
(B) ensuring product and service perform-
ance; 
(2) work to enhance public awareness of the 
WaterSense label through public outreach, education, 
and other means; 
(3) establish and maintain performance stand-
ards so that products, buildings and landscapes, and 
services labeled with the WaterSense label perform as 
well or better than their less efficient counterparts; 
(4) publicize the need for proper installation and 
maintenance of WaterSense products by a licensed, 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00435
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
436 
and where certification guidelines exist, WaterSense- 
certified professional to ensure optimal performance; 
(5) preserve the integrity of the WaterSense label; 
(6) regularly review and, when appropriate, up-
date WaterSense criteria for categories of products, 
buildings and landscapes, and services, at least once 
every four years; 
(7) to the extent practical, regularly estimate 
and make available to the public the production and 
relative market shares of WaterSense labeled products, 
buildings and landscapes, and services, at least annu-
ally; 
(8) to the extent practical, regularly estimate 
and make available to the public the water and en-
ergy savings attributable to the use of WaterSense la-
beled products, buildings and landscapes, and serv-
ices, at least annually; 
(9) solicit comments from interested parties and 
the public prior to establishing or revising a 
WaterSense category, specification, installation cri-
terion, or other criterion (or prior to effective dates 
for any such category, specification, installation cri-
terion, or other criterion); 
(10) provide reasonable notice to interested par-
ties and the public of any changes (including effective 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00436
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
437 
dates), on the adoption of a new or revised category, 
specification, installation criterion, or other criterion, 
along with— 
(A) an explanation of changes; and 
(B) as appropriate, responses to comments 
submitted by interested parties; 
(11) provide appropriate lead time (as deter-
mined by the Administrator) prior to the applicable 
effective date for a new or significant revision to a 
category, specification, installation criterion, or other 
criterion, taking into account the timing requirements 
of the manufacturing, marketing, training, and dis-
tribution process for the specific product, building 
and landscape, or service category addressed; and 
(12) identify and, where appropriate, implement 
other voluntary approaches in commercial, institu-
tional, residential, municipal, and industrial sectors 
to encourage reuse and recycling technologies, improve 
water efficiency, or lower water use while meeting, 
where applicable, the performance standards estab-
lished under paragraph (3). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated $7,500,000 for fiscal year 
2010, $10,000,000 for fiscal year 2011, $20,000,000 for fis-
cal year 2012, and $50,000,000 for fiscal year 2013 and 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00437
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
438 
each year thereafter, adjusted for inflation, to carry out this 
section. 
SEC. 216. FEDERAL PROCUREMENT OF WATER EFFICIENT 
PRODUCTS. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given that term in section 7902(a) of title 5, 
United States Code. 
(2) WATERSENSE PRODUCT OR SERVICE.—The 
term ‘‘WaterSense product or service’’ means a prod-
uct or service that is rated for water efficiency under 
the WaterSense program. 
(3) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 215 of this Act. 
(4) FEMP DESIGNATED
PRODUCT.—The term 
‘‘FEMP designated product’’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being 
among the highest 25 percent of equivalent products 
for efficiency. 
(5) PRODUCT AND SERVICE.—The terms ‘‘prod-
uct’’ and ‘‘service’’ do not include any water con-
suming product or service designed or procured for 
combat or combat-related missions. The terms also ex-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00438
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
439 
clude products or services already covered by the Fed-
eral procurement regulations established under section 
553 of the National Energy Conservation Policy Act 
(42 U.S.C. 8259b). 
(b) PROCUREMENT
OF WATER EFFICIENT PROD-
UCTS.— 
(1) REQUIREMENT.—To meet the requirements of 
an agency for a water consuming product or service, 
the head of the agency shall, except as provided in 
paragraph (2), procure— 
(A) a WaterSense product or service; or 
(B) a FEMP designated product. 
A WaterSense plumbing product should preferably, 
when possible, be installed by a licensed and, when 
WaterSense certification guidelines exist, WaterSense- 
certified plumber or mechanical contractor, and a 
WaterSense irrigation system should preferably, when 
possible, be installed, maintained, and audited by a 
WaterSense-certified irrigation professional to ensure 
optimal performance. 
(2) EXCEPTIONS.—The head of an agency is not 
required to procure a WaterSense product or service 
or FEMP designated product under paragraph (1) if 
the head of the agency finds in writing that— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00439
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
440 
(A) a WaterSense product or service or 
FEMP designated product is not cost-effective 
over the life of the product, taking energy and 
water cost savings into account; or 
(B) no WaterSense product or service or 
FEMP designated product is reasonably avail-
able that meets the functional requirements of the 
agency. 
(3) PROCUREMENT PLANNING.—The head of an 
agency shall incorporate into the specifications for all 
procurements involving water consuming products 
and systems, including guide specifications, project 
specifications, and construction, renovation, and serv-
ices contracts that include provision of water con-
suming products and systems, and into the factors for 
the evaluation of offers received for the procurement, 
criteria used for rating WaterSense products and 
services and FEMP designated products. The head of 
an agency shall consider, to the maximum extent 
practicable, additional measures for reducing agency 
water consumption, including water reuse tech-
nologies, leak detection and repair, and use of water-
less products that perform similar functions to exist-
ing water-consuming products. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00440
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
441 
(c) REGULATIONS.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy, 
working in coordination with the Administrator, shall issue 
guidelines to carry out this section. 
SEC. 217. WATER EFFICIENT PRODUCT REBATE PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’ 
means a State that meets the requirements of sub-
section (b). 
(2) RESIDENTIAL
WATER
EFFICIENT
PRODUCT 
OR SERVICE.—The term ‘‘residential water efficient 
product or service’’ means a product or service for a 
residence or its landscape that is rated for water effi-
ciency and performance— 
(A) by the WaterSense program, where a 
WaterSense specification does not exist; or 
(B) by a State program and approved by 
the Administrator. 
Categories of water efficient products and services 
may include faucets, irrigation technologies and serv-
ices, point-of-use water treatment devices, reuse and 
recycling technologies, toilets, and showerheads. 
(3) STATE
PROGRAM.—The term ‘‘State pro-
gram’’ means a State program for administering re-
bates or vouchers for consumer purchase of water effi-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00441
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
442 
cient products and services as described in subsection 
(b)(1). 
(4) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 215 of this Act. 
(b) ELIGIBLE STATES.—A State shall be eligible to re-
ceive an allocation under subsection (c) if the State— 
(1) establishes (or has established) a State pro-
gram to provide rebates or vouchers to residential 
consumers for the purchase of residential water effi-
cient products or services to replace used products of 
the same type; 
(2) submits an application for the allocation at 
such time, in such form, and containing such infor-
mation as the Administrator may require; and 
(3) provides assurances satisfactory to the Ad-
ministrator that the State will use the allocation to 
supplement, but not supplant, funds made available 
to carry out the State program. 
(c) AMOUNT OF ALLOCATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), for 
each fiscal year, the Administrator shall allocate to 
each eligible State to carry out subsection (d) an 
amount equal to the product obtained by multiplying 
the amount made available under subsection (g) for 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00442
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
443 
the fiscal year by the ratio that the population of the 
State in the most recent calendar year for which data 
are available bears to the total population of all eligi-
ble States in that calendar year. 
(2) MINIMUM
ALLOCATIONS.—For each fiscal 
year, the amounts allocated under this subsection 
shall be adjusted proportionately so that no eligible 
State is allocated a sum that is less than an amount 
determined by the Administrator. 
(d) USE OF ALLOCATED FUNDS.—Funds allocated to 
a State under subsection (c) may be used to pay up to 50 
percent of the cost of establishing and carrying out a State 
program. 
(e) FIXTURE RECYCLING.—States are encouraged to 
promote or implement fixture recycling programs to man-
age the disposal of older fixtures replaced due to the rebate 
program under this section. 
(f) ISSUANCE OF REBATES.—Rebates or vouchers may 
be provided to residential consumers that meet the require-
ments of the State program. The State may issue all rebates 
or vouchers directly to residential consumers or, with ap-
proval of the Administrator, delegate some or all rebate and 
voucher administration to other organizations including, 
but not limited to, local governments, municipal water au-
thorities, and water utilities. The amount of a rebate or 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00443
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
444 
voucher shall be determined by the State, taking into con-
sideration— 
(1) the amount of the allocation to the State 
under subsection (c); 
(2) the amount of any Federal or State tax in-
centive available for the purchase of the residential 
water efficient product or service; 
(3) the amount necessary to change consumer be-
havior to purchase water efficient products and serv-
ices; and 
(4) the consumer expenditures for onsite prepa-
ration, assembly, and original installation of the 
product. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Administrator to carry 
out this section $50,000,000 for each of the fiscal years 2010 
and 2011, $75,000,000 for fiscal year 2012, $100,000,000 
for fiscal year 2013, and $150,000,000 for fiscal year 2014 
and each year thereafter, adjusted for inflation. 
SEC. 218. CERTIFIED STOVES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘Agency’’ means the En-
vironmental Protection Agency. 
(2) WOOD STOVE OR PELLET STOVE.—The term 
‘‘wood stove or pellet stove’’ means a wood stove, pellet 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00444
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
445 
stove, or fireplace insert that uses wood or pellets for 
fuel. 
(3) CERTIFIED
STOVE.—The term ‘‘certified 
stove’’ means a wood stove or pellet stove that meets 
the standards of performance for new residential wood 
heaters under subpart AAA of part 60 of subchapter 
C of chapter I of title 40, Code of Federal Regulations 
(or successor regulations), as certified by the Adminis-
trator. Pellet stoves and fireplace inserts using pellets 
for fuel that are exempt from testing by the Adminis-
trator but meet the same standards of performance as 
wood stoves are considered certified for the purposes 
of this section. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State, a local government, or a feder-
ally recognized Indian tribe; 
(B) Alaskan Native villages or regional or 
village corporations (as defined in, or established 
under, the Alaskan Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.)); and 
(C) a nonprofit organization or institution 
that— 
(i) represents or provides pollution re-
duction or educational services relating to 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00445
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
446 
wood smoke minimization to persons, orga-
nizations, or communities; or 
(ii) has, as its principal purpose, the 
promotion of air quality or energy effi-
ciency. 
(b) ESTABLISHMENT.—The Administrator shall estab-
lish and carry out a program to assist in the replacement 
of wood stoves or pellet stoves that do not meet the standards 
of performance referred to in subsection (a)(4) by— 
(1) requiring that each wood stove or pellet stove 
sold in the United States on and after the date of en-
actment of this Act meet the standards of performance 
referred to in subsection (a)(4); 
(2) requiring that no wood stove or pellet stove 
replaced under this program is sold or returned to ac-
tive service, but that it is instead destroyed and recy-
cled to the maximum extent feasible; 
(3) providing funds to an eligible entity to re-
place a wood stove or pellet stove that does not meet 
the standards of performance in subsection (a)(4) 
with a certified stove, including funds to pay for— 
(A) installation of a replacement certified 
stove; and 
(B) necessary replacement of or repairs to 
ventilation, flues, chimneys, or other relevant 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00446
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
447 
items necessary for safe installation of a replace-
ment certified stove; 
(4) in addition to any funds that may be appro-
priated for the program under this subsection, using 
existing Federal, State, and local programs and in-
centives, to the greatest extent practicable; 
(5) prioritizing the replacement of wood stoves or 
pellet stoves manufactured before July 1, 1990; and 
(6) carrying out such other activities as the Ad-
ministrator determines appropriate to facilitate the 
replacement of wood stoves or pellet stoves that do not 
meet the standards of performance referred to in sub-
section (a)(3). 
(c) REGULATIONS.—The Administrator may promul-
gate such regulations as are necessary to carry out the pro-
gram established under subsection (b). 
(d) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
the program under this section $20,000,000 for the 
period of fiscal years 2010 through 2014. 
(2) DESIGNATED
USE.—Of amounts appro-
priated pursuant to this subsection— 
(A) 25 percent shall be designated for use to 
carry out the program under this section on 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00447
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
448 
lands held in trust for the benefit of a federally 
recognized Indian tribe; 
(B) 3 percent shall be designated for use to 
carry out the program under this section in 
Alaskan Native villages or regional or village 
corporations (as defined in, or established under, 
the Alaskan Native Claims Settlement Act (43 
U.S.C. 1601 et seq.)); and 
(C) 72 percent shall be designated for use to 
carry out the program under this section nation-
wide. 
(3) REGULATORY PROGRAMS.— 
(A) IN GENERAL.—No grant or loan pro-
vided under this section shall be used to fund the 
costs of emissions reductions that are mandated 
under Federal, State, or local law. 
(B) MANDATED.—For purposes of subpara-
graph (A), voluntary or elective emission reduc-
tion measures shall not be considered ‘‘man-
dated’’, regardless of whether the reductions are 
included in the implementation plan of a State. 
(e) EPA AUTHORITY TO ACCEPT WOOD STOVE OR 
PELLET STOVE REPLACEMENT SUPPLEMENTAL ENVIRON-
MENTAL PROJECTS.— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00448
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
449 
(1) IN GENERAL.—The Administrator may ac-
cept (notwithstanding sections 3302 and 1301 of title 
31, United States Code) wood stove or pellet stove re-
placement Supplemental Environmental Projects if 
such projects, as part of a settlement of any alleged 
violation of environmental law— 
(A) protect human health or the environ-
ment; 
(B) are related to the underlying alleged 
violation; 
(C) do not constitute activities that the de-
fendant would otherwise be legally required to 
perform; and 
(D) do not provide funds for the staff of the 
Agency or for contractors to carry out the Agen-
cy’s internal operations. 
(2) CERTIFICATION.—In any settlement agree-
ment regarding an alleged violation of environmental 
law in which a defendant agrees to perform a wood 
stove or pellet stove replacement Supplemental Envi-
ronmental Project, the Administrator shall require the 
defendant to include in the settlement documents a 
certification under penalty of law that the defendant 
would have agreed to perform a comparably valued, 
alternative project other than a wood stove or pellet 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00449
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
450 
stove 
replacement 
Supplemental 
Environmental 
Project if the Administrator were precluded by law 
from accepting a wood stove or pellet stove replace-
ment Supplemental Environmental Project. A failure 
by the Administrator to include this language in such 
a settlement agreement shall not create a cause of ac-
tion against the United States under the Clean Air 
Act or any other law or create a basis for overturning 
a settlement agreement entered into by the United 
States. 
SEC. 219. ENERGY STAR STANDARDS. 
(a) ENERGY STAR.—Section 324A(c) of the Energy 
Policy and Conservation Act is amended— 
(1) in paragraph (6)(B), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) in paragraph (7), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) in establishing and revising an Energy Star 
product category, specification, or criterion, require 
inclusion of developmental products planned for sale 
within 2 years in the testing or evaluation of prod-
ucts proposed for purposes of such establishment or 
revision; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00450
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
451 
‘‘(9) not later than 18 months after the date of 
enactment of this paragraph, establish and implement 
a rating system for products identified as Energy 
Star products pursuant to this section to provide con-
sumers with the most helpful information on the rel-
ative energy efficiency of those products, unless the 
Administrator and the Secretary communicate to 
Congress that establishing such a system would di-
minish the value of the Energy Star brand to con-
sumers; 
‘‘(10)(A) review the Energy Star product criteria 
for the 10 products in each product category with the 
greatest energy consumption at least once every 3 
years; and 
‘‘(B) based on the review, update and publish the 
Energy Star product criteria for each such category, 
as necessary; and 
‘‘(11) require periodic verification of compliance 
with the Energy Star product criteria by products 
identified as Energy Star products pursuant to this 
section, including— 
‘‘(A) purchase and testing of products from 
the market; or 
‘‘(B) other appropriate testing and compli-
ance approaches.’’. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00451
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
452 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out the amendments 
made by this section $5,000,000 for fiscal year 2010 and 
for each fiscal year thereafter. 
Subtitle C—Transportation 
Efficiency 
SEC. 221. EMISSIONS STANDARDS. 
Title VIII of the Clean Air Act, as added by section 
331 of this Act, is amended by inserting after part A the 
following new part: 
‘‘PART B—MOBILE SOURCES 
‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR 
MOBILE SOURCES. 
‘‘(a) NEW MOTOR VEHICLES AND NEW MOTOR VEHI-
CLE ENGINES.—(1) Pursuant to section 202(a)(1), by De-
cember 31, 2010, the Administrator shall promulgate stand-
ards applicable to emissions of greenhouse gases from new 
heavy-duty motor vehicles or new heavy-duty motor vehicle 
engines, excluding such motor vehicles covered by the Tier 
II standards (as established by the Administrator as of the 
date of the enactment of this section). The Administrator 
may revise these standards from time to time. 
‘‘(2) Regulations issued under section 202(a)(1) appli-
cable to emissions of greenhouse gases from new heavy-duty 
motor vehicles or new heavy-duty motor vehicle engines, ex-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
453 
cluding such motor vehicles covered by the Tier II standards 
(as established by the Administrator as of the date of the 
enactment of this section), shall contain standards that re-
flect the greatest degree of emissions reduction achievable 
through the application of technology which the Adminis-
trator determines will be available for the model year to 
which such standards apply, giving appropriate consider-
ation to cost, energy, and safety factors associated with the 
application of such technology. Any such regulations shall 
take effect after such period as the Administrator finds nec-
essary to permit the development and application of the req-
uisite technology, and, at a minimum, shall apply for a 
period no less than 3 model years beginning no earlier than 
the model year commencing 4 years after such regulations 
are promulgated. 
‘‘(3) Regulations issued under section 202(a)(1) appli-
cable to emissions of greenhouse gases from new heavy-duty 
motor vehicles or new heavy-duty motor vehicle engines, ex-
cluding such motor vehicles covered by the Tier II standards 
(as established by the Administrator as of the date of the 
enactment of this section), shall supersede and satisfy any 
and all of the rulemaking and compliance requirements of 
section 32902(k) of title 49, United States Code. 
‘‘(4) Other than as specifically set forth in paragraph 
(3) of this subsection, nothing in this section shall affect 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00453
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
454 
or otherwise increase or diminish the authority of the Sec-
retary of Transportation to adopt regulations to improve 
the overall fuel efficiency of the commercial goods movement 
system. 
‘‘(b) NONROAD VEHICLES AND ENGINES.—(1) Pursu-
ant to section 213(a)(4) and (5), the Administrator shall 
identify those classes or categories of new nonroad vehicles 
or engines, or combinations of such classes or categories, 
that, in the judgment of the Administrator, both contribute 
significantly to the total emissions of greenhouse gases from 
nonroad engines and vehicles, and provide the greatest po-
tential for significant and cost-effective reductions in emis-
sions of greenhouse gases. The Administrator shall promul-
gate standards applicable to emissions of greenhouse gases 
from these new nonroad engines or vehicles by December 
31, 2012. The Administrator shall also promulgate stand-
ards applicable to emissions of greenhouse gases for such 
other classes and categories of new nonroad vehicles and en-
gines as the Administrator determines appropriate and in 
the timeframe the Administrator determines appropriate. 
The Administrator shall base such determination, among 
other factors, on the relative contribution of greenhouse gas 
emissions, and the costs for achieving reductions, from such 
classes or categories of new nonroad engines and vehicles. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00454
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
455 
The Administrator may revise these standards from time 
to time. 
‘‘(2) Standards under section 213(a)(4) and (5) appli-
cable to emissions of greenhouse gases from those classes or 
categories of new nonroad engines or vehicles identified in 
the first sentence of paragraph (1) of this subsection, shall 
achieve the greatest degree of emissions reduction achievable 
based on the application of technology which the Adminis-
trator determines will be available at the time such stand-
ards take effect, taking into consideration cost, energy, and 
safety factors associated with the application of such tech-
nology. Any such regulations shall take effect after such pe-
riod as the Administrator finds necessary to permit the de-
velopment and application of the requisite technology. 
‘‘(3) For purposes of this section and standards under 
section 213(a)(4) or (5) applicable to emissions of green-
house gases, the term ‘nonroad engines and vehicles’ shall 
include non-internal combustion engines and the vehicles 
these engines power (such as electric engines and electric 
vehicles), for those non-internal combustion engines and ve-
hicles which would be in the same category and have the 
same uses as nonroad engines and vehicles that are powered 
by internal combustion engines. 
‘‘(c) AIRCRAFT AND AIRCRAFT ENGINES.— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00455
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
456 
‘‘(1) Pursuant to section 231(a), the Adminis-
trator shall promulgate standards applicable to emis-
sions of greenhouse gases from new aircraft and new 
engines used in aircraft by December 31, 2012. Not-
withstanding any requirement in section 231(a), the 
Administrator, in consultation with the Adminis-
trator of the Federal Aviation Administration, shall 
also promulgate standards applicable to emissions of 
greenhouse gases from other classes and categories of 
aircraft and aircraft engines for such classes and cat-
egories as the Administrator determines appropriate 
and in the timeframe the Administrator determines 
appropriate. The Administrator may revise these 
standards from time to time. 
‘‘(2) Standards under section 231(a) applicable 
to emissions of greenhouse gases from new aircraft 
and new engines used in aircraft, and any later revi-
sions or additional standards, shall achieve the great-
est degree of emissions reduction achievable based on 
the application of technology which the Administrator 
determines will be available at the time such stand-
ards take effect, taking into consideration cost, en-
ergy, and safety factors associated with the applica-
tion of such technology. Any such standards shall take 
effect after such period as the Administrator finds 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
457 
necessary to permit the development and application 
of the requisite technology. 
‘‘(d) AVERAGING, BANKING, AND TRADING OF EMIS-
SIONS CREDITS.—In establishing standards applicable to 
emissions of greenhouse gases pursuant to this section and 
sections 202(a), 213(a)(4) and (5), and 231(a), the Admin-
istrator may establish provisions for averaging, banking, 
and trading of greenhouse gas emissions credits within or 
across classes or categories of motor vehicles and motor vehi-
cle engines, nonroad vehicles and engines (including marine 
vessels), and aircraft and aircraft engines, to the extent the 
Administrator determines appropriate and considering the 
factors appropriate in setting standards under those sec-
tions. Such provisions may include reasonable and appro-
priate provisions concerning generation, banking, trading, 
duration, and use of credits. 
‘‘(e) REPORTS.—The Administrator shall, from time 
to time, submit a report to Congress that projects the 
amount of greenhouse gas emissions from the transportation 
sector, including transportation fuels, for the years 2030 
and 2050, based on the standards adopted under this sec-
tion. 
‘‘(f) GREENHOUSE GASES.—Notwithstanding the pro-
visions of section 711, hydrofluorocarbons shall be consid-
ered a greenhouse gas for purposes of this section.’’. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
458 
SEC. 222. GREENHOUSE GAS EMISSIONS REDUCTIONS 
THROUGH TRANSPORTATION EFFICIENCY. 
Title VIII of the Clean Air Act, as added by section 
331 of this Act, is further amended by inserting after part 
C the following new part: 
‘‘PART D—PLANNING REQUIREMENTS 
‘‘SEC. 841. GREENHOUSE GAS EMISSIONS REDUCTIONS 
THROUGH TRANSPORTATION EFFICIENCY. 
‘‘(a) IN GENERAL.—Each State shall— 
‘‘(1) not later than 3 years after the date of en-
actment of this section, submit to the Administrator 
goals for transportation-related greenhouse gas emis-
sions reductions, which goals shall be reasonably com-
mensurate with the targets for overall greenhouse gas 
emissions reduction established by this Act; and 
‘‘(2) as part of each transportation plan or 
transportation improvement program developed under 
title 23 or title 49, United States Code, ensure that 
a plan to achieve such goals, or an updated version 
of such a plan, is submitted to the Administrator and 
to the Secretary of Transportation (in this section re-
ferred to as the ‘Secretary’) by each metropolitan 
planning organization in the State for an area with 
a population exceeding 200,000. 
‘‘(b) MODELS AND METHODOLOGIES.— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
459 
‘‘(1) IN GENERAL.—The Administrator shall pro-
mulgate regulations to establish standards for use in 
developing goals, plans, and strategies under this sec-
tion and for monitoring progress toward such goals. 
Such standards shall include— 
‘‘(A) data collection techniques for assessing 
State and regional transportation-related green-
house gas emissions; 
‘‘(B) methodologies for determining trans-
portation-related greenhouse gas emissions base-
lines; 
‘‘(C) models and methodologies for scenario 
analysis; and 
‘‘(D) models and methodologies for esti-
mating transportation-related greenhouse gas 
emissions reductions from the strategies consid-
ered under this section. 
Such regulations may approve or improve existing 
models and methodologies 
‘‘(2) TIMING.—The Administrator shall— 
‘‘(A) publish proposed regulations under 
paragraph (1) not later than 1 year after the 
date of enactment of this section; and 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
460 
‘‘(B) promulgate final regulations under 
paragraph (1) not later than 2 years after such 
date of enactment. 
‘‘(3) ASSESSMENT.—At least every 6 years after 
promulgating final regulations under paragraph (1), 
the Administrator, in coordination with the Sec-
retary, shall assess current and projected progress in 
reducing transportation-related greenhouse gas emis-
sions. The assessment shall examine the contributions 
to emissions reductions attributable to improvements 
in vehicle efficiency, greenhouse gas performance of 
transportation fuels, and increased efficiency in uti-
lizing transportation systems. 
‘‘(c) GREENHOUSE GAS REDUCTION GOALS.— 
‘‘(1) CONSULTATION.—Each State shall develop 
the goals referred to in subsection (a)(1)— 
‘‘(A) in concurrence with State agencies re-
sponsible for air quality and transportation; 
‘‘(B) in consultation with each metropolitan 
planning organization for an area in the State 
with a population exceeding 200,000 and appli-
cable local air quality and transportation agen-
cies; and 
‘‘(C) with public involvement, including 
public comment periods and meetings. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
461 
‘‘(2) PERIOD.—The goals referred to in sub-
section (a)(1) shall be for 4-, 10-, and 20-year peri-
ods. 
‘‘(3) TARGETS; DESIGNATED
YEAR.—The goals 
referred to in subsection (a)(1) shall establish targets 
to reduce transportation-related greenhouse gas emis-
sions in the covered area. The targets shall be de-
signed to ensure that the levels of such emissions sta-
bilize and decrease after a designated year. The State 
shall consider designating 2010 as such designated 
year. 
‘‘(4) COVERED AREA.—The goals referred to in 
subsection (a)(1)— 
‘‘(A) shall be established on a statewide 
basis; 
‘‘(B) shall be established for each metropoli-
tan planning organization in the State for an 
area with a population exceeding 200,000; and 
‘‘(C) may be established on a voluntary 
basis, in accordance with the provisions of this 
section, for any metropolitan planning organiza-
tion not described in subparagraph (B). 
‘‘(5) REVISED
GOALS.—Every 4 years, each 
State shall update and revise, as appropriate, the 
goals referred to in subsection (a)(1). 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
462 
‘‘(d) PLANNING.—A plan submitted under subsection 
(a)(2) shall— 
‘‘(1) be based upon the models and methodologies 
established by the Administrator under subsection (b); 
‘‘(2) use transportation and land use scenario 
analysis to address transportation-related greenhouse 
gas emissions and economic development impacts; 
and 
‘‘(3) be developed— 
‘‘(A) with public involvement, including 
public comment periods and meetings that pro-
vide opportunities for comment from a variety of 
stakeholders based on age, race, income, and dis-
ability; 
‘‘(B) with regional coordination, including 
with respect to— 
‘‘(i) metropolitan planning organiza-
tions; 
‘‘(ii) the localities comprising the met-
ropolitan planning organization; 
‘‘(iii) the State in which the metropoli-
tan planning organization is located; and 
‘‘(iv) 
air 
quality, 
environmental 
health, and transportation agencies for the 
State and region involved; and 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
463 
‘‘(C) in consultation with the State and 
local housing, public health, economic develop-
ment, land use, environment, and public trans-
portation agencies. 
‘‘(e) STRATEGIES.—In developing goals under sub-
section (a)(1) and a plan under subsection (a)(2), the State 
or metropolitan planning organization, as applicable, shall 
consider transportation and land use planning strategies 
to reduce transportation-related greenhouse gas emissions, 
including the following: 
‘‘(1) Efforts to increase or improve public trans-
portation, including— 
‘‘(A) new public transportation systems, in-
cluding new commuter rail systems; 
‘‘(B) expansion of existing public transpor-
tation systems; 
‘‘(C) employer-based subsidies; 
‘‘(D) cleaner locomotive technologies; 
‘‘(E) quality of service improvements, in-
cluding improved frequency of service; and 
‘‘(F) use of transit buses that are powered 
by alternative fuels. 
‘‘(2) Updates to zoning and other land use regu-
lations and plans to support development that— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
464 
‘‘(A) coordinates transportation and land 
use planning; 
‘‘(B) focuses future growth close to existing 
and planned job centers and public facilities; 
‘‘(C) uses existing infrastructure; 
‘‘(D) promotes walking, bicycling, and pub-
lic transportation use; and 
‘‘(E) mixes land uses such as housing, re-
tail, and schools. 
‘‘(3) Implementation of a policy (referred to as 
a ‘complete streets policy’) that— 
‘‘(A) ensures adequate accommodation of all 
users of transportation systems, including pedes-
trians, bicyclists, public transportation users, 
motorists, children, the elderly, and individuals 
with disabilities; and 
‘‘(B) adequately addresses the safety and 
convenience of all users of the transportation sys-
tem. 
‘‘(4) Construction of bicycle and pedestrian in-
frastructure facilities, including facilities that im-
prove the connections with networks that provide ac-
cess to human services, employment, schools, and re-
tail. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
465 
‘‘(5) Projects to promote telecommuting, flexible 
work schedules, or satellite work centers. 
‘‘(6) Pricing measures, including tolling, conges-
tion pricing, and pay-as-you-drive insurance. 
‘‘(7) Intermodal freight system strategies, includ-
ing enhanced rail services, short sea shipping, and 
other strategies. 
‘‘(8) Parking policies. 
‘‘(9) Intercity rail service, including high speed 
rail. 
‘‘(10) Travel demand management projects. 
‘‘(11) Restriction of the use of certain roads, or 
lanes, by vehicles other than passenger buses and 
high-occupancy vehicles. 
‘‘(12) Reduction of vehicle idling, including 
idling associated with freight management, construc-
tion, transportation, and commuter operations. 
‘‘(13) Policies to encourage the use of retrofit 
technologies and early replacement of vehicles, engines 
and equipment to reduce transportation-related green-
house gas emissions from existing mobile sources. 
‘‘(14) Other projects that the Administrator finds 
reduce transportation-related greenhouse gas emis-
sions. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
466 
‘‘(f) PUBLIC AVAILABILITY.—The Administrator shall 
publish, including by posting on the Environmental Protec-
tion Agency’s website— 
‘‘(1) the goals and plans submitted under sub-
section (a); and 
‘‘(2) for each plan submitted under subsection 
(a)(2), an analysis of the anticipated effects of the 
plan on greenhouse gas emissions and oil consump-
tion. 
‘‘(g) CERTIFICATION.—The Administrator, in con-
sultation with the Secretary, shall certify a State or metro-
politan planning organization greenhouse gas reduction 
plan submitted under subsection (a)(2) if the plan’s imple-
mentation is likely to meet the corresponding greenhouse 
gas reduction goal referred to in subsection (a)(1). If the 
Administrator, in consultation with the Secretary, deter-
mines that a submitted plan cannot be certified, the State 
or metropolitan planning organization shall revise and re-
submit the plan within 1 year. 
‘‘(h) ENFORCEMENT.—If the Administrator finds that 
a State has failed to submit goals under subsection (a)(1), 
has failed to ensure the submission of a plan under sub-
section (a)(2), or has failed to submit a revised plan under 
subsection (g), for any area in the State (irrespective of 
whether the area is a nonattainment area), the Adminis-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
467 
trator shall impose a prohibition in accordance with section 
179(b)(1) applicable to the area within 2 years of such a 
finding. The Administrator may not impose a prohibition 
under the preceding sentence, and no action may be brought 
by the Administrator or any other entity alleging a viola-
tion of this section, based on the content or adequacy of 
a goal or plan submitted under subsection (a)(1) or (a)(2) 
or failure to achieve the goal submitted under subsection 
(a)(1). 
‘‘(i) COMPETITIVE GRANTS.— 
‘‘(1) GRANTS.—The Administrator, in consulta-
tion with the Secretary, may award grants to States 
or metropolitan planning organizations— 
‘‘(A) to support activities related to improv-
ing data collection, modeling, and monitoring 
systems to assess transportation-related green-
house gas emissions and the effects of plans, poli-
cies, and strategies referenced in this section; 
‘‘(B) for the development of goals and plans 
to be submitted under sections (a)(1) or (a)(2); 
and 
‘‘(C) to implement plans certified under 
subsection (g) or elements thereof, provided that 
each project thus funded includes a measurement 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
468 
and evaluation component that meets the regula-
tions promulgated under subsection (b). 
‘‘(2) PRIORITY.—In making grants under para-
graph (1)(C), the Administrator shall give priority to 
applicants based upon— 
‘‘(A) the amount of total greenhouse gas 
emissions to be reduced as a result of implemen-
tation of a certified plan, within the covered 
area, as determined by methods established under 
subsection (b); 
‘‘(B) the amount of per capita greenhouse 
gas emissions to be reduced as a result of imple-
mentation of a certified plan, within the covered 
area, as determined by methods established under 
subsection (b); 
‘‘(C) the cost effectiveness, in terms of dol-
lars per tons of greenhouse gas reductions, to be 
achieved as a result of the implementation of a 
certified plan; 
‘‘(D) the potential for both short- and long- 
term reductions; and 
‘‘(E) such other factors as the Administrator 
determines appropriate. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00468
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
469 
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this subsection, there are authorized to be 
appropriated such sums as may be necessary. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘metropolitan planning organiza-
tion’ means a metropolitan planning organization, as 
such term is used in section 176. 
‘‘(2) The term ‘scenario analysis’ means an 
analysis that is conducted by identifying different 
trends and making projections based on those trends 
to develop a range of scenarios and estimates of how 
each scenario could improve access to goods and serv-
ices, including access to employment, education, and 
health care (especially for elderly and economically 
disadvantaged communities), and could affect rates 
of— 
‘‘(A) vehicle miles traveled; 
‘‘(B) vehicle hours traveled; 
‘‘(C) use of mobile source fuel by type, in-
cluding electricity; and 
‘‘(D) transportation-related greenhouse gas 
emissions. 
‘‘(k) LAND USE AUTHORITY.—Nothing in this section 
may be construed to— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00469
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
470 
‘‘(1) infringe upon the existing authority of 
State or local governments to plan or control land 
use; or 
‘‘(2) provide or transfer authority over land use 
to any other entity.’’. 
SEC. 223. SMARTWAY TRANSPORTATION EFFICIENCY PRO-
GRAM. 
Part B of title VIII of the Clean Air Act, as added 
by section 221 of this Act is amended by adding after sec-
tion 821 the following section: 
‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO-
GRAM. 
‘‘(a) IN GENERAL.—There is established within the 
Environmental Protection Agency a SmartWay Transport 
Program to quantify, demonstrate, and promote the benefits 
of technologies, products, fuels, and operational strategies 
that reduce petroleum consumption, air pollution, and 
greenhouse gas emissions from the mobile source sector. 
‘‘(b) GENERAL DUTIES.—Under the program estab-
lished under this section, the Administrator shall carry out 
each of the following: 
‘‘(1) Development of measurement protocols to 
evaluate the energy consumption and greenhouse gas 
impacts from technologies and strategies in the mobile 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00470
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
471 
source sector, including those for passenger transport 
and goods movement. 
‘‘(2) Development of qualifying thresholds for 
certifying, verifying, or designating energy-efficient, 
low-greenhouse gas SmartWay technologies and strat-
egies for each mode of passenger transportation and 
goods movement. 
‘‘(3) Development of partnership and recognition 
programs to promote best practices and drive demand 
for energy-efficient, low-greenhouse gas transportation 
performance. 
‘‘(4) Promotion of the availability of, and en-
couragement of the adoption of, SmartWay certified 
or verified technologies and strategies, and publica-
tion of the availability of financial incentives, such as 
assistance from loan programs and other Federal and 
State incentives. 
‘‘(c) SMARTWAY
TRANSPORT
FREIGHT
PARTNER-
SHIP.—The Administrator shall establish a SmartWay 
Transport Partnership program with shippers and carriers 
of goods to promote energy-efficient, low-greenhouse gas 
transportation. In carrying out such partnership, the Ad-
ministrator shall undertake each of the following: 
‘‘(1) Certification of the energy and greenhouse 
gas performance of participating freight carriers, in-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00471
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
472 
cluding those operating rail, trucking, marine, and 
other goods movement operations. 
‘‘(2) Publication of a comprehensive energy and 
greenhouse gas performance index of freight modes 
(including rail, trucking, marine, and other modes of 
transporting goods) and individual freight companies 
so that shippers can choose to deliver their goods more 
efficiently. 
‘‘(3) Development of tools for— 
‘‘(A) carriers to calculate their energy and 
greenhouse gas performance; and 
‘‘(B) shippers to calculate the energy and 
greenhouse gas impacts of moving their products 
and to evaluate the relative impacts from trans-
porting their goods by different modes and cor-
porate carriers. 
‘‘(4) Provision of recognition opportunities for 
participating shipper and carrier companies dem-
onstrating advanced practices and achieving superior 
levels of greenhouse gas performance. 
‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS PER-
FORMANCE DATABASES.—The Administrator shall, in co-
ordination with other appropriate agencies, define and col-
lect data on the physical and operational characteristics of 
the Nation’s truck population, with special emphasis on 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00472
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
473 
data related to energy efficiency and greenhouse gas per-
formance to inform the performance index published under 
subsection (c)(2) of this section, and other means of goods 
transport as necessary, at least every 5 years. 
‘‘(e) ESTABLISHMENT OF FINANCING PROGRAM.—The 
Administrator shall establish a SmartWay Financing Pro-
gram to competitively award funding to eligible entities 
identified by the Administrator in accordance with the pro-
gram requirements in subsection (g). 
‘‘(f) PURPOSE.—Under the SmartWay Financing Pro-
gram, eligible entities shall— 
‘‘(1) use funds awarded by the Administrator to 
provide flexible loan and lease terms that increase ap-
proval rates or lower the costs of loans and leases in 
accordance with guidance developed by the Adminis-
trator; and 
‘‘(2) make such loans and leases available to 
public and private entities for the purpose of adopt-
ing low-greenhouse gas technologies or strategies for 
the mobile source sector that are designated by the 
Administrator. 
‘‘(g) PROGRAM REQUIREMENTS.—The Administrator 
shall determine program design elements and requirements, 
including— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00473
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
474 
‘‘(1) the type of financial mechanism with which 
to award funding, in the form of grants or contracts; 
‘‘(2) the designation of eligible entities to receive 
funding, including State, tribal, and local govern-
ments, regional organizations comprised of govern-
mental units, nonprofit organizations, or for-profit 
companies; 
‘‘(3) criteria for evaluating applications from el-
igible entities, including anticipated— 
‘‘(A) cost-effectiveness of loan or lease pro-
gram on a metric-ton-of-greenhouse gas-saved- 
per-dollar basis; 
‘‘(B) ability to promote the loan or lease 
program and associated technologies and strate-
gies to the target audience; and 
‘‘(4) reporting requirements for entities that re-
ceive awards, including— 
‘‘(A) actual cost-effectiveness and greenhouse 
gas savings from the loan or lease program based 
on a methodology designated by the Adminis-
trator; 
‘‘(B) the total number of applications and 
number of approved applications; and 
‘‘(C) terms granted to loan and lease recipi-
ents compared to prevailing market practices. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00474
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
475 
‘‘(h) AUTHORIZATION
OF
APPROPRIATIONS.—Such 
sums as necessary are authorized to be appropriated to the 
Administrator to carry out this section.’’. 
SEC. 224. STATE VEHICLE FLEETS. 
Section 507(o) of the Energy Policy Act of 1992 (42 
U.S.C. 13257) is amended by adding the following new 
paragraph at the end thereof: 
‘‘(3) The Secretary shall revise the rules under this 
subsection with respect to the types of alternative fueled ve-
hicles required for compliance with this subsection to ensure 
those rules are consistent with any guidance issued pursu-
ant to section 303 of this Act.’’. 
Subtitle D—Industrial Energy 
Efficiency Programs 
SEC. 241. INDUSTRIAL PLANT ENERGY EFFICIENCY STAND-
ARDS. 
The Secretary of Energy shall continue to support the 
development of the American National Standards Institute 
(ANSI) voluntary industrial plant energy efficiency certifi-
cation program, pending International Standards Organi-
zation (ISO) consensus standard 50001, and other related 
ANSI/ISO standards. In addition, the Department shall 
undertake complementary activities through the Depart-
ment of Energy’s Industry Technologies Program that sup-
port the voluntary implementation of such standards by 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00475
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
476 
manufacturing firms. There are authorized to be appro-
priated to the Secretary such sums as are necessary to carry 
out these activities. The Secretary shall report to Congress 
on the status of standards development and plans for fur-
ther standards development pursuant to this section by not 
later than 18 months after the date of enactment of this 
Act, and shall prepare a second such report 18 months 
thereafter. 
SEC. 242. ELECTRIC AND THERMAL WASTE ENERGY RECOV-
ERY AWARD PROGRAM. 
(a) ELECTRIC AND THERMAL WASTE ENERGY RECOV-
ERY AWARDS.—The Secretary of Energy shall establish a 
program to make monetary awards to the owners and oper-
ators of new and existing electric energy generation facili-
ties or thermal energy production facilities using fossil or 
nuclear fuel, to encourage them to use innovative means of 
recovering any thermal energy that is a potentially useful 
byproduct of electric power generation or other processes 
to— 
(1) generate additional electric energy; or 
(2) make sales of thermal energy not used for 
electric generation, in the form of steam, hot water, 
chilled water, or desiccant regeneration, or for other 
commercially valid purposes. 
(b) AMOUNT OF AWARDS.— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00476
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
477 
(1) ELIGIBILITY.—Awards shall be made under 
subsection (a) only for the use of innovative means 
that achieve net energy efficiency at the facility con-
cerned significantly greater than the current standard 
technology in use at similar facilities. 
(2) AMOUNT.—The amount of an award made 
under subsection (a) shall equal an amount up to the 
value of 25 percent of the energy projected to be recov-
ered or generated during the first 5 years of operation 
of the facility using the innovative energy recovery 
method, or such lesser amount that the Secretary de-
termines to be the minimum amount that can cost-ef-
fectively stimulate such innovation. 
(3) LIMITATION.—No person may receive an 
award under this section if a grant under the waste 
energy incentive grant program under section 373 of 
the Energy Policy and Conservation Act (42 U.S.C. 
6343) is made for the same energy savings resulting 
from the same innovative method. 
(c) REGULATORY STATUS.—The Secretary of Energy 
shall— 
(1) assist State regulatory commissions to iden-
tify and make changes in State regulatory programs 
for electric utilities to provide appropriate regulatory 
status for thermal energy byproduct businesses of reg-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
478 
ulated electric utilities to encourage those utilities to 
enter businesses making the sales referred to in sub-
section (a)(2); and 
(2) encourage self-regulated utilities to enter 
businesses making the sales referred to in subsection 
(a)(2). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Energy 
such sums as are necessary for the purposes of this section. 
SEC. 243. CLARIFYING ELECTION OF WASTE HEAT RECOV-
ERY FINANCIAL INCENTIVES. 
Section 373(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6343(e)) is amended— 
(1) by striking ‘‘that qualifies for’’ and inserting 
‘‘who elects to claim’’; and 
(2) by inserting ‘‘from that project’’ after ‘‘for 
waste heat recovery’’. 
SEC. 244. MOTOR MARKET ASSESSMENT AND COMMERCIAL 
AWARENESS PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) electric motor systems account for about half 
of the electricity used in the United States; 
(2) electric motor energy use is determined by 
both the efficiency of the motor and the system in 
which the motor operates; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
479 
(3) Federal Government research on motor end 
use and efficiency opportunities is more than a dec-
ade old; and 
(4) the Census Bureau has discontinued collec-
tion of data on motor and generator importation, 
manufacture, shipment, and sales. 
(b) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) INTERESTED PARTIES.—The term ‘‘interested 
parties’’ includes— 
(A) trade associations; 
(B) motor manufacturers; 
(C) motor end users; 
(D) electric utilities; and 
(E) individuals and entities that conduct 
energy efficiency programs. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy, in consultation with inter-
ested parties. 
(c) ASSESSMENT.—The Secretary shall conduct an as-
sessment of electric motors and the electric motor market 
in the United States that shall— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00479
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
480 
(1) include important subsectors of the industrial 
and commercial electric motor market (as determined 
by the Secretary), including— 
(A) the stock of motors and motor-driven 
equipment; 
(B) efficiency categories of the motor popu-
lation; and 
(C) motor systems that use drives, servos, 
and other control technologies; 
(2) characterize and estimate the opportunities 
for improvement in the energy efficiency of motor sys-
tems by market segment, including opportunities 
for— 
(A) expanded use of drives, servos, and 
other control technologies; 
(B) expanded use of process control, pumps, 
compressors, fans or blowers, and material han-
dling components; and 
(C) substitution of existing motor designs 
with existing and future advanced motor designs, 
including electronically commutated permanent 
magnet, 
interior 
permanent 
magnet, 
and 
switched reluctance motors; and 
(3) develop an updated profile of motor system 
purchase and maintenance practices, including sur-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00480
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
481 
veying the number of companies that have motor pur-
chase and repair specifications, by company size, 
number of employees, and sales. 
(d) RECOMMENDATIONS; UPDATE.—Based on the as-
sessment conducted under subsection (c), the Secretary 
shall— 
(1) develop— 
(A) recommendations to update the detailed 
motor profile on a periodic basis; 
(B) methods to estimate the energy savings 
and market penetration that is attributable to 
the Save Energy Now Program of the Depart-
ment; and 
(C) recommendations for the Director of the 
Census Bureau on market surveys that should be 
undertaken in support of the motor system ac-
tivities of the Department; and 
(2) prepare an update to the Motor Master+ 
program of the Department. 
(e) PROGRAM.—Based on the assessment, recommenda-
tions, and update required under subsections (c) and (d), 
the Secretary shall establish a proactive, national program 
targeted at motor end-users and delivered in cooperation 
with interested parties to increase awareness of— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00481
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
482 
(1) the energy and cost-saving opportunities in 
commercial and industrial facilities using higher effi-
ciency electric motors; 
(2) improvements in motor system procurement 
and management procedures in the selection of higher 
efficiency electric motors and motor-system compo-
nents, including drives, controls, and driven equip-
ment; and 
(3) criteria for making decisions for new, re-
placement, or repair motor and motor system compo-
nents. 
SEC. 245. MOTOR EFFICIENCY REBATE PROGRAM. 
(a) IN GENERAL.—Part C of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6311 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM. 
‘‘(a) ESTABLISHMENT.—Not later than January 1, 
2010, in accordance with subsection (b), the Secretary shall 
establish a program to provide rebates for expenditures 
made by entities— 
‘‘(1) for the purchase and installation of a new 
electric motor that has a nominal full load efficiency 
that is not less than the nominal full load efficiency 
as defined in— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00482
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
483 
‘‘(A) table 12–12 of NEMA Standards Pub-
lication MG 1–2006 for random wound motors 
rated 600 volts or lower; or 
‘‘(B) table 12–13 of NEMA Standards Pub-
lication MG 1–2006 for form wound motors 
rated 5000 volts or lower; and 
‘‘(2) to replace an installed motor of the entity 
the specifications of which are established by the Sec-
retary by a date that is not later than 90 days after 
the date of enactment of this section. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) APPLICATION.—To be eligible to receive a 
rebate under this section, an entity shall submit to the 
Secretary an application in such form, at such time, 
and containing such information as the Secretary 
may require, including— 
‘‘(A) demonstrated evidence that the entity 
purchased an electric motor described in sub-
section (a)(1) to replace an installed motor de-
scribed in subsection (a)(2); 
‘‘(B) demonstrated evidence that the enti-
ty— 
‘‘(i) removed the installed motor of the 
entity from service; and 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00483
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
484 
‘‘(ii) properly disposed the installed 
motor of the entity; and 
‘‘(C) the physical nameplate of the installed 
motor of the entity. 
‘‘(2) AUTHORIZED
AMOUNT
OF
REBATE.—The 
Secretary may provide to an entity that meets each 
requirement under paragraph (1) a rebate the amount 
of which shall be equal to the product obtained by 
multiplying— 
‘‘(A) the nameplate horsepower of the elec-
tric motor purchased by the entity in accordance 
with subsection (a)(1); and 
‘‘(B) $25.00. 
‘‘(3) PAYMENTS
TO
DISTRIBUTORS
OF
QUALI-
FYING ELECTRIC MOTORS.—To assist in the payment 
for expenses relating to processing and motor core dis-
posal costs, the Secretary shall provide to the dis-
tributor of an electric motor described in subsection 
(a)(1), the purchaser of which received a rebate under 
this section, an amount equal to the product obtained 
by multiplying— 
‘‘(A) the nameplate horsepower of the elec-
tric motor; and 
‘‘(B) $5.00. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00484
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
485 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section, to 
remain available until expended— 
‘‘(1) $80,000,000 for fiscal year 2011; 
‘‘(2) $75,000,000 for fiscal year 2012; 
‘‘(3) $70,000,000 for fiscal year 2013; 
‘‘(4) $65,000,000 for fiscal year 2014; and 
‘‘(5) $60,000,000 for fiscal year 2015.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the 
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) 
is amended by adding at the end of the items relating to 
part C of title III the following: 
‘‘Sec. 347. Motor efficiency rebate program.’’. 
Subtitle E—Improvements in En-
ergy Savings Performance Con-
tracting 
SEC. 251. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) COMPETITION REQUIREMENTS FOR TASK OR DE-
LIVERY ORDERS UNDER ENERGY SAVINGS PERFORMANCE 
CONTRACTS.— 
(1) COMPETITION
REQUIREMENTS.—Subsection 
(a) of section 801 of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(a)) is amended by 
adding at the end the following paragraph: 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00485
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
486 
‘‘(3)(A) The head of a Federal agency may issue a task 
or delivery order under an energy savings performance con-
tract by— 
‘‘(i) notifying all contractors that have received 
an award under such contract that the agency pro-
poses to discuss energy savings performance services 
for some or all of its facilities, soliciting an expres-
sion of interest in performing site surveys or inves-
tigations and feasibility designs and studies and the 
submission of qualifications from such contractors, 
and including in such notice summary information 
concerning energy use for any facilities that the agen-
cy has specific interest in including in such contract; 
‘‘(ii) reviewing all expressions of interest and 
qualifications submitted pursuant to the notice under 
clause (i); 
‘‘(iii) selecting two or more contractors (from 
among those reviewed under clause (ii)) to conduct 
discussions concerning the contractors’ respective 
qualifications to implement potential energy con-
servation measures, including requesting references 
demonstrating experience on similar efforts and the 
resulting energy savings of such similar efforts; 
‘‘(iv) selecting and authorizing— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00486
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
487 
‘‘(I) more than one contractor (from among 
those selected under clause (iii)) to conduct site 
surveys, investigations, feasibility designs and 
studies or similar assessments for the energy sav-
ings performance contract services (or for dis-
crete portions of such services), for the purpose of 
allowing each such contractor to submit a firm, 
fixed-price proposal to implement specific energy 
conservation measures; or 
‘‘(II) one contractor (from among those se-
lected under clause (iii)) to conduct a site sur-
vey, investigation, a feasibility design and study 
or similar for the purpose of allowing the con-
tractor to submit a firm, fixed-price proposal to 
implement specific energy conservation measures; 
‘‘(v) negotiating a task or delivery order for en-
ergy savings performance contracting services with 
the contractor or contractors selected under clause (iv) 
based on the energy conservation measures identified; 
and 
‘‘(vi) issuing a task or delivery order for energy 
savings performance contracting services to such con-
tractor or contractors. 
‘‘(B) The issuance of a task or delivery order for energy 
savings performance contracting services pursuant to sub-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00487
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
488 
paragraph (A) is deemed to satisfy the task and delivery 
order competition requirements in section 2304c(d) of title 
10, United States Code, and section 303J(d) of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(d)). 
‘‘(C) The Secretary may issue guidance as necessary 
to agencies issuing task or delivery orders pursuant to sub-
paragraph (A).’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) is inapplicable to task or delivery or-
ders issued before the date of enactment of this sec-
tion. 
(b) INCLUSION OF THERMAL RENEWABLE ENERGY.— 
Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
15852) is amended— 
(1) in subsection (a), by striking ‘‘electric’’; and 
(2) in subsection (b)(2), by inserting ‘‘or ther-
mal’’ after ‘‘means electric’’. 
(c) CREDIT FOR RENEWABLE ENERGY PRODUCED AND 
USED ON SITE.—Subsection (c) of section 203 of the Energy 
Policy Act of 2005 (42 U.S.C. 15852) is amended to read 
as follows: 
‘‘(c) CALCULATION.—Renewable energy produced at a 
Federal facility, on Federal lands, or on Indian lands (as 
defined in title XXVI of the Energy Policy Act of 1992 (25 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00488
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
489 
U.S.C. 3501 et seq.)) shall be calculated separately from re-
newable energy consumed at a Federal facility, and each 
may be used to comply with the consumption requirement 
under subsection (a).’’. 
(d) FINANCING FLEXIBILITY.—Section 801(a)(2)(E) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287(a)(2)(E)) is amended by striking ‘‘In’’ and inserting 
‘‘Notwithstanding any other provision of law, in’’. 
Subtitle F—Public Institutions 
SEC. 261. PUBLIC INSTITUTIONS. 
Section 399A of the Energy Policy and Conservation 
Act (42 U.S.C. 6371h–1) is amended— 
(1) in subsection (a)(5), by striking ‘‘or a des-
ignee’’ and inserting ‘‘a not-for-profit hospital or not- 
for-profit inpatient health care facility, or a des-
ignated agent’’; 
(2) in subsection (c)(1), by striking subpara-
graph (C); 
(3) 
in 
subsection 
(f)(3)(A), 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’; and 
(4) 
in 
subsection 
(i)(1), 
by 
striking 
‘‘$250,000,000 for each of fiscal years 2009 through 
2013’’ and inserting ‘‘$250,000,000 for each of fiscal 
years 2010 through 2015’’. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00489
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
490 
SEC. 262. COMMUNITY ENERGY EFFICIENCY FLEXIBILITY. 
Section 545(b)(3) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17155(b)(3)) is amended— 
(1) by striking ‘‘Indian tribe may use’’ and all 
that follows through ‘‘for administrative expenses’’ 
and inserting ‘‘Indian tribe may use for administra-
tive expenses’’; 
(2) by striking subparagraphs (B) and (C); 
(3) by redesignating the remaining clauses (i) 
and (ii) as subparagraphs (A) and (B), respectively 
and adjusting the margin of those subparagraphs ac-
cordingly; and 
(4) by striking the semicolon at the end and in-
serting a period. 
SEC. 263. SMALL COMMUNITY JOINT PARTICIPATION. 
(a) Section 541(3)(A) of the Energy Independence and 
Security Act of 2007 is amended in clause (i) by striking 
‘‘and’’ at the end of subclause (II), in clause (ii) by striking 
the period at the end of subclause (II) and inserting ‘‘; or’’, 
and by inserting the following new clause (iii): 
‘‘(iii) a group of adjacent, contiguous, or 
geographically proximate units of local govern-
ment that reach agreement to act jointly for pur-
poses of this section and that represent a com-
bined population of not less than 35,000.’’. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00490
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
491 
(b) Section 541(3)(B) of the Energy Independence and 
Security Act of 2007 is amended in clause (i) by striking 
‘‘or’’, in clause (ii) by striking the period at the end and 
inserting ‘‘; or’’, and by inserting the following new clause 
(iii): 
‘‘(iii) a group of adjacent, contiguous, or 
geographically proximate units of local govern-
ment that reach agreement to act jointly for pur-
poses of this section and that represent a com-
bined population of not less than 50,000.’’. 
SEC. 264. LOW INCOME COMMUNITY ENERGY EFFICIENCY 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy is author-
ized to make grants to private, nonprofit, mission-driven 
community development organizations including commu-
nity development corporations and community development 
financial institutions to provide financing to businesses 
and projects that improve energy efficiency; identify and 
develop alternative, renewable, and distributed energy sup-
plies; provide technical assistance and promote job and 
business opportunities for low-income residents; and in-
crease energy conservation in low income rural and urban 
communities. 
(b) GRANTS.—The purpose of such grants is to increase 
the flow of capital and benefits to low income communities, 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00491
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
492 
minority-owned and woman-owned businesses and entre-
preneurs and other projects and activities located in low 
income communities in order to reduce environmental deg-
radation, foster energy conservation and efficiency and cre-
ate job and business opportunities for local residents. The 
Secretary may make grants on a competitive basis for— 
(1) investments that develop alternative, renew-
able, and distributed energy supplies; 
(2) capitalizing loan funds that lend to energy 
efficiency projects and energy conservation programs; 
(3) technical assistance to plan, develop, and 
manage an energy efficiency financing program; and 
(4) technical and financial assistance to assist 
small-scale businesses and private entities develop 
new renewable and distributed sources of power or 
combined heat and power generation. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section there is authorized to be appro-
priated $50,000,000 for each of the fiscal years 2010 
through 2015. 
Subtitle G—Miscellaneous 
SEC. 271. ENERGY EFFICIENT INFORMATION AND COMMU-
NICATIONS TECHNOLOGIES. 
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is amended to read as follows: 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00492
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
493 
‘‘SEC. 543. ENERGY EFFICIENT INFORMATION AND COMMU-
NICATIONS TECHNOLOGIES. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Clean Energy and Secu-
rity Act of 2009, each Federal agency shall collaborate with 
the Director of the Office of Management and Budget (re-
ferred to in this section as the ‘Director’) to create an imple-
mentation strategy, including best practices and measure-
ment and verification techniques, for the purchase and use 
of energy efficient information and communications tech-
nologies and practices. Wherever possible, existing stand-
ards, specifications, performance metrics, and best manage-
ment practices that have been or are being developed in 
open collaboration and with broad stakeholder input and 
review should be incorporated. In addition, agency strate-
gies shall be flexible, cost-effective, and based on the specific 
operating requirements and statutory mission of each agen-
cy. 
‘‘(b) ENERGY EFFICIENT INFORMATION AND COMMU-
NICATIONS TECHNOLOGIES.—In developing an implemen-
tation strategy, each agency shall— 
‘‘(1) consider information and communications 
technologies and infrastructure, including, but not 
limited to, advanced metering infrastructure, infor-
mation and communications technology services and 
products, efficient data center strategies, applications 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00493
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
494 
modernization and rationalization, building systems 
energy efficiency, and telework; and 
‘‘(2) ensure that agencies are eligible to realize 
the savings and rewards brought about through in-
creased efficiencies. 
‘‘(c) PERFORMANCE GOALS.—Not later than 6 months 
after the date of enactment of the American Clean Energy 
and Security Act of 2009, the Director shall establish per-
formance goals for evaluating the efforts of the agencies in 
improving the maintenance, purchase and use of energy ef-
ficiency of information and communications technology 
systems. These performance goals should measure informa-
tion technology costs over a specific time horizon (3 to 5 
years), providing a complete picture of all costs, including 
energy. 
‘‘(d) REPORT.—Not later than 18 months after the 
date of enactment of the American Clean Energy and Secu-
rity Act of 2009, and annually thereafter, the Director shall 
submit a report to Congress on— 
‘‘(1) the progress of each agency in reducing en-
ergy use through its implementation strategy; and 
‘‘(2) new and emerging technologies that would 
help achieve increased energy efficiency.’’. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00494
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
495 
SEC. 272. NATIONAL ENERGY EFFICIENCY GOALS. 
(a) GOALS.—The energy efficiency goals of the United 
States are— 
(1) to achieve an improvement in the overall en-
ergy productivity of the United States (measured in 
gross domestic product per unit of energy input) of at 
least 2.5 percent per year by the year 2012; and 
(2) to maintain that annual rate of improve-
ment each year through 2030. 
(b) STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of En-
ergy (referred to in this section as the ‘‘Secretary’’), 
in cooperation with the Administrator and the heads 
of other appropriate Federal agencies, shall develop a 
strategic plan to achieve the national goals for im-
provement in energy productivity established under 
subsection (a). 
(2) PUBLIC
INPUT
AND
COMMENT.—The Sec-
retary shall develop the plan in a manner that pro-
vides appropriate opportunities for public input and 
comment. 
(c) PLAN CONTENTS.—The strategic plan shall— 
(1) identify future regulatory, funding, and pol-
icy priorities that would assist the United States in 
meeting the national goals; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00495
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
496 
(2) include energy savings estimates for each sec-
tor; and 
(3) include data collection methodologies and 
compilations used to establish baseline and energy 
savings data. 
(d) PLAN UPDATES.— 
(1) IN GENERAL.—The Secretary shall— 
(A) update the strategic plan biennially; 
and 
(B) include the updated strategic plan in 
the national energy policy plan required by sec-
tion 801 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7321). 
(2) CONTENTS.—In updating the plan, the Sec-
retary shall— 
(A) report on progress made toward imple-
menting efficiency policies to achieve the na-
tional goals established under subsection (a); and 
(B) verify, to the maximum extent prac-
ticable, energy savings resulting from the poli-
cies. 
(e) REPORT TO CONGRESS AND THE PUBLIC.—The 
Secretary shall submit to Congress, and make available to 
the public, the initial strategic plan developed under sub-
section (b) and each updated plan. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00496
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
497 
SEC. 273. AFFILIATED ISLAND ENERGY INDEPENDENCE 
TEAM. 
(a) DEFINITIONS.—In this section: 
(1) AFFILIATED ISLAND.—The term ‘‘affiliated 
island’’ means— 
(A) the Commonwealth of Puerto Rico; 
(B) Guam; 
(C) American Samoa; 
(D) the Commonwealth of the Northern 
Mariana Islands; 
(E) the Federated States of Micronesia; 
(F) the Republic of the Marshall Islands; 
(G) the Republic of Palau; and 
(H) the United States Virgin Islands. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy (acting through the Assistant 
Secretary of Energy Efficiency and Renewable En-
ergy), in consultation with the Secretary of the Inte-
rior and the Secretary of State. 
(3) TEAM.—The term ‘‘team’’ means the team es-
tablished by the Secretary under subsection (b). 
(b) ESTABLISHMENT.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall assemble 
a team of technical, policy, and financial experts to address 
the energy needs of each affiliated island— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00497
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
498 
(1) to reduce the reliance and expenditure of 
each affiliated island on imported fossil fuels; 
(2) to increase the use by each affiliated island 
of indigenous, nonfossil fuel energy sources; 
(3) to improve the performance of the energy in-
frastructure of the affiliated island through projects— 
(A) to improve the energy efficiency of 
power generation, transmission, and distribu-
tion; and 
(B) to increase consumer energy efficiency; 
(4) to improve the performance of the energy in-
frastructure of each affiliated island through enhanced 
planning, education, and training; 
(5) to adopt research-based and public-private 
partnership-based approaches as appropriate; 
(6) to stimulate economic development and job 
creation; and 
(7) to enhance the engagement by the Federal 
Government in international efforts to address island 
energy needs. 
(c) DUTIES OF TEAM.— 
(1) ENERGY ACTION PLANS.— 
(A) IN GENERAL.—In accordance with sub-
paragraph (B), the team shall provide technical, 
programmatic, and financial assistance to each 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
499 
utility of each affiliated island, and the govern-
ment of each affiliated island, as appropriate, to 
develop and implement an energy Action Plan 
for each affiliated island to reduce the reliance of 
each affiliated island on imported fossil fuels 
through increased efficiency and use of indige-
nous clean-energy resources. 
(B) REQUIREMENTS.—Each Action Plan 
described in subparagraph (A) for each affiliated 
island shall require and provide for— 
(i) the conduct of 1 or more studies to 
assess opportunities to reduce fossil fuel use 
through— 
(I) the improvement of the energy 
efficiency of the affiliated island; and 
(II) the increased use by the affili-
ated island of indigenous clean-energy 
resources; 
(ii) the identification and implementa-
tion of the most cost-effective strategies and 
projects to reduce the dependence of the af-
filiated island on fossil fuels; 
(iii) the promotion of education and 
training activities to improve the capacity 
of the local utilities of the affiliated island, 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
500 
and the government of the affiliated island, 
as appropriate, to plan for, maintain, and 
operate the energy infrastructure of the af-
filiated island through the use of local or re-
gional institutions, as appropriate; 
(iv) the coordination of the activities 
described in clause (iii) to leverage the ex-
pertise and resources of international enti-
ties, the Department of Energy, the Depart-
ment of the Interior, and the regional utili-
ties of the affiliated island; 
(v) the identification, and development, 
as appropriate, of research-based and pri-
vate-public, partnership approaches to im-
plement the Action Plan; and 
(vi) any other component that the Sec-
retary determines to be necessary to reduce 
successfully the use by each affiliated island 
of fossil fuels. 
(2) REPORTS TO SECRETARY.—Not later than 1 
year after the date on which the Secretary establishes 
the team and biennially thereafter, the team shall sub-
mit to the Secretary a report that contains a descrip-
tion of the progress of each affiliated island in— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
501 
(A) implementing the Action Plan of the af-
filiated 
island 
developed 
under 
paragraph 
(1)(A); and 
(B) reducing the reliance of the affiliated is-
land on fossil fuels. 
(d) USE OF REGIONAL UTILITY ORGANIZATIONS.—To 
provide expertise to affiliated islands to assist the affiliated 
islands in meeting the purposes of this section, the Secretary 
shall consider— 
(1) including regional utility organizations in 
the establishment of the team; and 
(2) providing assistance through regional utility 
organizations. 
(e) ANNUAL REPORTS TO CONGRESS.—Not later than 
30 days after the date on which the Secretary receives a 
report submitted by the team under subsection (c)(2), the 
Secretary shall submit to the appropriate committees of 
Congress a report that contains a summary of the report 
of the team. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 274. PRODUCT CARBON DISCLOSURE PROGRAM. 
(a) EPA STUDY.—The Administrator shall conduct a 
study to determine the feasibility of establishing a national 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00501
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
502 
program for measuring, reporting, publicly disclosing, and 
labeling products or materials sold in the United States for 
their carbon content, and shall, not later than 18 months 
after the date of enactment of this Act, transmit a report 
to Congress which shall include the following: 
(1) A determination of whether a national prod-
uct carbon disclosure program and labeling program 
would be effective in achieving the intended goals of 
achieving greenhouse gas reductions and an examina-
tion of existing programs globally and their strengths 
and weaknesses. 
(2) Criteria for identifying and prioritizing sec-
tors and products and processes that should be covered 
in such program or programs. 
(3) An identification of products, processes, or 
sectors whose inclusion could have a substantial car-
bon impact (prioritizing industrial products such as 
iron and steel, aluminum, cement, chemicals, and 
paper products, and also including food, beverage, hy-
giene, cleaning, household cleaners, construction, met-
als, clothing, semiconductor, and consumer elec-
tronics). 
(4) Suggested methodology and protocols for 
measuring the carbon content of the products across 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00502
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
503 
the entire carbon lifecycle of such products for use in 
a carbon disclosure program and labeling program. 
(5) A review of existing greenhouse gas product 
accounting standards, methodologies, and practices 
including the Greenhouse Gas Protocol, ISO 14040/ 
44, ISO 14067, and Publically Available Specifica-
tion 2050, and including a review of the strengths 
and weaknesses of each. 
(6) A survey of secondary databases including 
the Manufacturing Energy Consumption Survey and 
evaluate the quality of data for use in a product car-
bon disclosure program and product carbon labeling 
program and an identification of gaps in the data 
relative to the potential purposes of a national prod-
uct carbon disclosure program and product carbon la-
beling program and development of recommendations 
for addressing these data gaps. 
(7) An assessment of the utility of comparing 
products and the appropriateness of product carbon 
standards. 
(8) An evaluation of the information needed on 
a label for clear and accurate communication, includ-
ing what pieces of quantitative and qualitative infor-
mation needs to be disclosed. 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00503
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
504 
(9) An evaluation of the appropriate boundaries 
of the carbon lifecycle analysis for different sectors 
and products. 
(10) An analysis of whether default values should 
be developed for products whose producer does not 
participate in the program or does not have data to 
support a disclosure or label and determine best ways 
to develop such default values. 
(11) A recommendation of certification and 
verification options necessary to assure the quality of 
the information and avoid greenwashing or the use of 
insubstantial or meaningless environmental claims to 
promote a product. 
(12) An assessment of options for educating con-
sumers about product carbon content and the product 
carbon disclosure program and product carbon label-
ing program. 
(13) An analysis of the costs and timelines asso-
ciated with establishing a national product carbon 
disclosure program and product carbon labeling pro-
gram, including options for a phased approach. Costs 
should include those for businesses associated with the 
measurement of carbon footprints and those associated 
with creating a product carbon label and managing 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00504
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
505 
and operating a product carbon labeling program, 
and options for minimizing these costs. 
(14) An evaluation of incentives (such as finan-
cial incentives, brand reputation, and brand loyalty) 
to determine whether reductions in emissions can be 
accelerated through encouraging more efficient manu-
facturing or by encouraging preferences for lower- 
emissions products to substitute for higher-emissions 
products whose level of performance is no better. 
(b) DEVELOPMENT
OF NATIONAL CARBON DISCLO-
SURE PROGRAM.—Upon conclusion of the study, and not 
more than 36 months after the date of enactment of this 
Act, the Administrator shall establish a national product 
carbon disclosure program, participation in which shall be 
voluntary, and which may involve a product carbon label 
with broad applicability to the wholesale and consumer 
markets to enable and encourage knowledge about carbon 
content by producers and consumers and to inform efforts 
to reduce energy consumption (carbon dioxide equivalent 
emissions) nationwide. In developing such a program, the 
Administrator shall— 
(1) consider the results of the study conducted 
under subsection (a); 
(2) consider existing and planned programs and 
proposals and measurement standards (including the 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00505
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
506 
Publicly Available Specification 2050, standards to be 
developed by the World Resource Institute/World 
Business Council for Sustainable Development, the 
International Standards Organization, and the bill 
AB19 pending in the California legislature); 
(3) consider the compatibility of a national 
product carbon disclosure program with existing pro-
grams; 
(4) utilize incentives and other means to spur 
the adoption of product carbon disclosure and product 
carbon labeling; 
(5) develop protocols and parameters for a prod-
uct carbon disclosure program, including a method-
ology and formula for assessing, verifying, and poten-
tially labeling a product’s greenhouse gas content, and 
for data quality requirements to allow for product 
comparison; 
(6) create a means to— 
(A) document best practices; 
(B) ensure clarity and consistency; 
(C) work with suppliers, manufacturers, 
and retailers to encourage participation; 
(D) ensure that protocols are consistent and 
comparable across like products; and 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00506
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
507 
(E) evaluate the effectiveness of the pro-
gram; 
(7) make publicly available information on 
product carbon content to ensure transparency; 
(8) provide for public outreach, including a con-
sumer education program to increase awareness; 
(9) develop training and education programs to 
help businesses learn how to measure and commu-
nicate their carbon footprint and easy tools and tem-
plates for businesses to use to reduce cost and time to 
measure their products’ carbon lifecycle; 
(10) consult with the Secretary of Energy, the 
Secretary of Commerce, the Federal Trade Commis-
sion, and other Federal agencies, as necessary; 
(11) gather input from stakeholders through con-
sultations, public workshops or hearings with rep-
resentatives of consumer product manufacturers, con-
sumer groups, and environmental groups; 
(12) utilize systems for verification and product 
certification that will ensure that claims manufactur-
ers make about their products are valid; 
(13) create a process for reviewing the accuracy 
of product carbon label information and protecting 
the product carbon label in the case of a change in 
the product’s energy source, supply chain, ingredients, 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00507
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
508 
or other factors, and specify the frequency to which 
data should be updated; and 
(14) develop a standardized, easily understand-
able carbon label, if appropriate, and create a process 
for responding to inaccuracies and misuses of such a 
label. 
(c) REPORT TO CONGRESS.—Not later than 5 years 
after the program is established pursuant to subsection (b), 
the Administrator shall report to Congress on the effective-
ness and impact of the program, the level of voluntary par-
ticipation, and any recommendations for additional meas-
ures. 
(d) DEFINITIONS.—As used in this section— 
(1) the term ‘‘carbon content’’ means the amount 
of greenhouse gas emissions and their warming im-
pact on the atmosphere expressed in carbon dioxide 
equivalent associated with a product’s value chain; 
(2) the term ‘‘carbon footprint’’ means the level 
of greenhouse gas emissions produced by a particular 
activity, service, or entity; and 
(3) the term ‘‘carbon lifecycle’’ means the green-
house gas emissions that are released as part of the 
processes of creating, producing, processing or manu-
facturing, modifying, transporting, distributing, stor-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00508
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
509 
ing, using, recycling, or disposing of goods and serv-
ices. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
$5,000,000 for the study required by subsection (a) and 
$25,000,000 for each of fiscal years 2010 through 2025 for 
the program required under subsection (b). 
TITLE III—REDUCING GLOBAL 
WARMING POLLUTION 
SEC. 301. SHORT TITLE. 
This title, and sections 112, 116, 221, 222, 223, and 
401 of this Act, may be cited as the ‘‘Safe Climate Act’’. 
Subtitle A—Reducing Global 
Warming Pollution 
SEC. 311. REDUCING GLOBAL WARMING POLLUTION. 
The Clean Air Act (42 U.S.C. and following) is amend-
ed by adding after title VI the following new title: 
‘‘TITLE VII—GLOBAL WARMING 
POLLUTION REDUCTION PRO-
GRAM 
‘‘PART A—GLOBAL WARMING POLLUTION 
REDUCTION GOALS AND TARGETS 
‘‘SEC. 701. FINDINGS AND PURPOSE. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00509
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
510 
‘‘(1) Global warming poses a significant threat 
to the national security, economy, public health and 
welfare, and environment of the United States, as well 
as of other nations. 
‘‘(2) Reviews of scientific studies, including by 
the Intergovernmental Panel on Climate Change and 
the National Academy of Sciences, demonstrate that 
global warming is the result of the combined anthro-
pogenic greenhouse gas emissions from numerous 
sources of all types and sizes. Each increment of emis-
sion, when combined with other emissions, causes or 
contributes materially to the acceleration and extent 
of global warming and its adverse effects for the life-
time of such gas in the atmosphere. Accordingly, con-
trolling emissions in small as well as large amounts 
is essential to prevent, slow the pace of, reduce the 
threats from, and mitigate global warming and its 
adverse effects. 
‘‘(3) Because they induce global warming, green-
house gas emissions cause or contribute to injuries to 
persons in the United States, including— 
‘‘(A) adverse health effects such as disease 
and loss of life; 
‘‘(B) displacement of human populations; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00510
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
511 
‘‘(C) damage to property and other interests 
related to ocean levels, acidification, and ice 
changes; 
‘‘(D) severe weather and seasonal changes; 
‘‘(E) disruption, costs, and losses to busi-
ness, trade, employment, farms, subsistence, aes-
thetic enjoyment of the environment, recreation, 
culture, and tourism; 
‘‘(F) damage to plants, forests, lands, and 
waters; 
‘‘(G) harm to wildlife and habitat; 
‘‘(H) scarcity of water and the decreased 
abundance of other natural resources; 
‘‘(I) worsening of tropospheric air pollution; 
‘‘(J) substantial threats of similar damage; 
and 
‘‘(K) other harm. 
‘‘(4) That many of these effects and risks of fu-
ture effects of global warming are widely shared does 
not minimize the adverse effects individual persons 
have suffered, will suffer, and are at risk of suffering 
because of global warming. 
‘‘(5) That some of the adverse and potentially 
catastrophic effects of global warming are at risk of 
occurring and not a certainty does not negate the 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00511
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
512 
harm persons suffer from actions that increase the 
likelihood, extent, and severity of such future impacts. 
‘‘(6) Nations of the world look to the United 
States for leadership in addressing the threat of and 
harm from global warming. Full implementation of 
the Safe Climate Act is critical to engage other na-
tions in an international effort to mitigate the threat 
of and harm from global warming. 
‘‘(7) Global warming and its adverse effects are 
occurring and are likely to continue and increase in 
magnitude, and to do so at a greater and more harm-
ful rate, unless the Safe Climate Act is fully imple-
mented and enforced in an expeditious manner. 
‘‘(b) PURPOSE.—It is the general purpose of the Safe 
Climate Act to help prevent, reduce the pace of, mitigate, 
and remedy global warming and its adverse effects. To ful-
fill such purpose, it is necessary to— 
‘‘(1) require the timely fulfillment of all govern-
mental acts and duties, both substantive and proce-
dural, and the prompt compliance of covered entities 
with the requirements of the Safe Climate Act; 
‘‘(2) establish and maintain an effective, trans-
parent, and fair market for emission allowances and 
preserve the integrity of the cap on emissions and of 
offset credits; 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00512
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
513 
‘‘(3) advance the production and deployment of 
clean energy and energy efficiency technologies; and 
‘‘(4) ensure effective enforcement of the Safe Cli-
mate Act by citizens, States, Indian tribes, and all 
levels of government because each violation of the Safe 
Climate Act is likely to result in an additional incre-
ment of greenhouse gas emission and will slow the 
pace of implementation of the Safe Climate Act and 
delay the achievement of the goals set forth in section 
702, and cause or contribute to global warming and 
its adverse effects. 
‘‘SEC. 702. ECONOMY-WIDE REDUCTION GOALS. 
‘‘The goals of the Safe Climate Act are to reduce stead-
ily the quantity of United States greenhouse gas emissions 
such that— 
‘‘(1) in 2012, the quantity of United States 
greenhouse gas emissions does not exceed 97 percent 
of the quantity of United States greenhouse gas emis-
sions in 2005; 
‘‘(2) in 2020, the quantity of United States 
greenhouse gas emissions does not exceed 80 percent 
of the quantity of United States greenhouse gas emis-
sions in 2005; 
‘‘(3) in 2030, the quantity of United States 
greenhouse gas emissions does not exceed 58 percent 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00513
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
514 
of the quantity of United States greenhouse gas emis-
sions in 2005; and 
‘‘(4) in 2050, the quantity of United States 
greenhouse gas emissions does not exceed 17 percent 
of the quantity of United States greenhouse gas emis-
sions in 2005. 
‘‘SEC. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES. 
‘‘(a) IN GENERAL.—The regulations issued under sec-
tion 721 shall cap and reduce annually the greenhouse gas 
emissions of capped sources each calendar year beginning 
in 2012 such that— 
‘‘(1) in 2012, the quantity of greenhouse gas 
emissions from capped sources does not exceed 97 per-
cent of the quantity of greenhouse gas emissions from 
such sources in 2005; 
‘‘(2) in 2020, the quantity of greenhouse gas 
emissions from capped sources does not exceed 83 per-
cent of the quantity of greenhouse gas emissions from 
such sources in 2005; 
‘‘(3) in 2030, the quantity of greenhouse gas 
emissions from capped sources does not exceed 58 per-
cent of the quantity of greenhouse gas emissions from 
such sources in 2005; and 
‘‘(4) in 2050, the quantity of greenhouse gas 
emissions from capped sources does not exceed 17 per-
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00514
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
515 
cent of the quantity of greenhouse gas emissions from 
such sources in 2005. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘greenhouse gas emissions from such sources in 2005’ 
means emissions to which section 722 would have applied 
if the requirements of this title for the specified year had 
been in effect for 2005. 
‘‘SEC. 704. SUPPLEMENTAL POLLUTION REDUCTIONS. 
‘‘For the purposes of decreasing the likelihood of cata-
strophic climate change, preserving tropical forests, build-
ing capacity to generate offset credits, and facilitating 
international action on global warming, the Administrator 
shall set aside the percentage specified in section 781 of the 
quantity of emission allowances established under section 
721(a) for each year, to be used to achieve a reduction of 
greenhouse gas emissions from deforestation in developing 
countries in accordance with part E. In 2020, activities 
supported under part E shall provide greenhouse gas reduc-
tions in an amount equal to an additional 10 percentage 
points of reductions from United States greenhouse gas 
emissions in 2005. The Administrator shall distribute these 
allowances with respect to activities in countries that enter 
into and implement agreements or arrangements relating 
to reduced deforestation as described in section 754(a)(2). 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
516 
‘‘SEC. 705. REVIEW AND PROGRAM RECOMMENDATIONS. 
‘‘(a) IN GENERAL.—The Administrator shall, in con-
sultation with appropriate Federal agencies, submit to Con-
gress a report not later than July 1, 2013, and every 4 
years thereafter, that includes— 
‘‘(1) an analysis of key findings based on the lat-
est scientific information and data relevant to global 
climate change; 
‘‘(2) an analysis of capabilities to monitor and 
verify greenhouse gas reductions on a worldwide 
basis, including for the United States, as required 
under the Safe Climate Act; and 
‘‘(3) an analysis of the status of worldwide 
greenhouse gas reduction efforts, including implemen-
tation of the Safe Climate Act and other policies, both 
domestic and international, for reducing greenhouse 
gas emissions, preventing dangerous atmospheric con-
centrations of greenhouse gases, preventing significant 
irreversible consequences of climate change, and re-
ducing vulnerability to the impacts of climate change. 
‘‘(b) EXCEPTION.—Paragraph (3) of subsection (a) 
shall not apply to the first report submitted under such sub-
section. 
‘‘(c) LATEST SCIENTIFIC INFORMATION.—The analysis 
required under subsection (a)(1) shall— 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
517 
‘‘(1) address existing scientific information and 
reports, considering, to the greatest extent possible, the 
most recent assessment report of the Intergovern-
mental Panel on Climate Change, reports by the 
United States Global Change Research Program, the 
Natural Resources Climate Change Adaptation Panel 
established under section 475 of the American Clean 
Energy and Security Act of 2009, and Federal agen-
cies, and the European Union’s global temperature 
data assessment; and 
‘‘(2) review trends and projections for— 
‘‘(A) global and country-specific annual 
emissions of greenhouse gases, and cumulative 
greenhouse gas emissions produced between 1850 
and the present, including— 
‘‘(i) global cumulative emissions of an-
thropogenic greenhouse gases; 
‘‘(ii) global annual emissions of an-
thropogenic greenhouse gases; and 
‘‘(iii) by country, annual total, annual 
per capita, and cumulative anthropogenic 
emissions of greenhouse gases for the top 50 
emitting nations; 
‘‘(B) significant changes, both globally and 
by region, in annual net non-anthropogenic 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS
546 
timeliness, or, to the extent the Adminis-
trator determines is appropriate for report-
ing small amounts of emissions, the same 
precision, reliability, and accessibility and 
similar timeliness, as data provided by con-
tinuous monitoring systems for fuel flow or 
emissions; or 
‘‘(iii) alternative methodologies that 
are demonstrated to provide data with pre-
cision, reliability, accessibility, and timeli-
ness, or, to the extent the Administrator de-
termines is appropriate for reporting small 
amounts of emissions, precision, reliability, 
and accessibility, as similar as is tech-
nically feasible to that of data generally 
provided by continuous monitoring systems 
for fuel flow or emissions, if the Adminis-
trator determines that, with respect to a re-
porting entity, there is no continuous moni-
toring system or alternative system de-
scribed in clause (i) or (ii) that is tech-
nically feasible; 
‘‘(H) require that the Administrator, in de-
termining the extent to which the requirement to 
use systems or methodologies in accordance with 
VerDate Nov 24 2008 
21:35 Jun 19, 2009
Jkt 079200
PO 00000
Frm 00546
Fmt 6652
Sfmt 6203
E:\BILLS\H2454.RH
H2454
mstockstill on PROD1PC66 with BILLS