SEC. 136. STATE CONSUMER PRODUCT ENERGY EFFI-
CIENCY STANDARDS. 
Section 327 of the Energy Policy and Conservation 
Act (42 U.S.C. 6297) is amended by adding at the end 
the following new subsection: 
‘‘(h) LIMITATION ON PREEMPTION.—Subsections (a) 
and (b) shall not apply with respect to State regulation 
of energy consumption or water use of any covered prod-
uct during any period of time—
‘‘(1) after the date which is 3 years after a 
Federal standard is required by law to be established 
or revised, but has not been established or revised; 
and 
‘‘(2) before the date on which such Federal 
standard is established or revised.’’. 
Subtitle D—Public Housing 
SEC. 145. GRANTS FOR ENERGY-CONSERVING IMPROVE-
MENTS FOR ASSISTED HOUSING. 
Section 251(b)(1) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8231(1)) is amended—
(1) by striking ‘‘financed with loans’’ and in-
serting ‘‘assisted’’; 
(2) by inserting after ‘‘1959,’’ the following: 
‘‘which are eligible multifamily housing projects (as 
such term is defined in section 512 of the Multi-
family Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437f note)) and are subject 
to mortgage restructuring and rental assistance suf-
ficiency plans under such Act,’’; and 
(3) by inserting after the period at the end of 
the first sentence the following new sentence: ‘‘Such 
improvements may also include the installation of 
energy and water conserving fixtures and fittings 
that conform to the American Society of Mechanical 
Engineers/American National Standards Institute 
standards A112.19.2–1998 and A112.18.1–2000, or 
any revision thereto, applicable at the time of instal-
lation.’’. 
SEC. 147. ENERGY-EFFICIENT APPLIANCES. 
In purchasing appliances, a public housing agency 
shall purchase energy-efficient appliances that are Energy 
Star products or FEMP-designated products, as such 
terms are defined in section 553 of the National Energy 
Conservation Policy Act (as amended by this title), unless 
the purchase of energy-efficient appliances is not cost-ef-
fective to the agency. 
SEC. 149. ENERGY STRATEGY FOR HUD. 
The Secretary of Housing and Urban Development 
shall develop and implement an integrated strategy to re-
duce utility expenses through cost-effective energy con-
servation and efficiency measures and energy efficient de-
sign and construction of public and assisted housing. The 
energy strategy shall include the development of energy 
reduction goals and incentives for public housing agencies. 
The Secretary shall submit a report to Congress, not later 
than 1 year after the date of the enactment of this Act, 
on the energy strategy and the actions taken by the De-
partment of Housing and Urban Development to monitor 
the energy usage of public housing agencies and shall sub-
mit an update every 2 years thereafter on progress in im-
plementing the strategy. 
TITLE II—RENEWABLE ENERGY 
Subtitle A—General Provisions 
SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RE-
SOURCES. 
(a) RESOURCE ASSESSMENT.—Not later than 6 
months after the date of enactment of this Act, and each 
year thereafter, the Secretary of Energy shall review the 
available assessments of renewable energy resources with-
in the United States, including solar, wind, biomass, ocean 
(tidal, wave, current, and thermal), geothermal, and hy-
droelectric energy resources, and undertake new assess-
ments as necessary, taking into account changes in market 
conditions, available technologies, and other relevant fac-
tors.
(b) CONTENTS OF REPORTS.—Not later than 1 year 
after the date of enactment of this Act, and each year 
thereafter, the Secretary shall publish a report based on 
the assessment under subsection (a). The report shall con-
tain—
(1) a detailed inventory describing the available 
amount and characteristics of the renewable energy 
resources; and 
(2) such other information as the Secretary be-
lieves would be useful in developing such renewable 
energy resources, including descriptions of sur-
rounding terrain, population and load centers, near-
by energy infrastructure, location of energy and 
water resources, and available estimates of the costs 
needed to develop each resource, together with an 
identification of any barriers to providing adequate 
transmission for remote sources of renewable energy 
resources to current and emerging markets, rec-
ommendations for removing or addressing such bar-
riers, and ways to provide access to the grid that do 
not unfairly disadvantage renewable or other energy 
producers. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section, there are authorized to be appro-
priated to the Secretary of Energy $10,000,000 for each 
of fiscal years 2006 through 2010. 
SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE. 
(a) INCENTIVE PAYMENTS.—Section 1212(a) of the 
Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is 
amended by striking ‘‘and which satisfies’’ and all that 
follows through ‘‘Secretary shall establish.’’ and inserting 
‘‘. If there are insufficient appropriations to make full pay-
ments for electric production from all qualified renewable 
energy facilities in any given year, the Secretary shall as-
sign 60 percent of appropriated funds for that year to fa-
cilities that use solar, wind, geothermal, or closed-loop 
(dedicated energy crops) biomass technologies to generate 
electricity, and assign the remaining 40 percent to other 
projects. The Secretary may, after transmitting to Con-
gress an explanation of the reasons therefor, alter the per-
centage requirements of the preceding sentence.’’. 
(b) QUALIFIED RENEWABLE ENERGY FACILITY.—
Section 1212(b) of the Energy Policy Act of 1992 (42 
U.S.C. 13317(b)) is amended—
(1) by striking ‘‘a State or any political’’ and 
all that follows through ‘‘nonprofit electrical cooper-
ative’’ and inserting ‘‘a not-for-profit electric cooper-
ative, a public utility described in section 115 of the 
Internal Revenue Code of 1986, a State, Common-
wealth, territory, or possession of the United States 
or the District of Columbia, or a political subdivision 
thereof, or an Indian tribal government or subdivi-
sion thereof,’’; and 
(2) by inserting ‘‘landfill gas, livestock methane, 
ocean (tidal, wave, current, and thermal),’’ after 
‘‘wind, biomass,’’. 
(c) ELIGIBILITY WINDOW.—Section 1212(c) of the 
Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is 
amended by striking ‘‘during the 10-fiscal year period be-
ginning with the first full fiscal year occurring after the 
enactment of this section’’ and inserting ‘‘after October 
1, 2005, and before October 1, 2015’’. 
(d) AMOUNT OF PAYMENT.—Section 1212(e)(1) of 
the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1)) 
is amended by inserting ‘‘landfill gas, livestock methane, 
ocean (tidal, wave, current, and thermal),’’ after ‘‘wind, 
biomass,’’. 
(e) SUNSET.—Section 1212(f) of the Energy Policy 
Act of 1992 (42 U.S.C. 13317(f)) is amended by striking 
‘‘the expiration of’’ and all that follows through ‘‘of this 
section’’ and inserting ‘‘September 30, 2025’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
1212(g) of the Energy Policy Act of 1992 (42 U.S.C. 
13317(g)) is amended to read as follows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
there are authorized to be appropriated such sums 
as may be necessary to carry out this section for fis-
cal years 2005 through 2025. 
‘‘(2) AVAILABILITY OF FUNDS.—Funds made 
available under paragraph (1) shall remain available 
until expended.’’. 
SEC. 203. FEDERAL PURCHASE REQUIREMENT. 
(a) REQUIREMENT.—The President, acting through 
the Secretary of Energy, shall seek to ensure that, to the 
extent economically feasible and technically practicable, of 
the total amount of electric energy the Federal Govern-
ment consumes during any fiscal year, the following 
amounts shall be renewable energy: 
(1) Not less than 3 percent in fiscal years 2007 
through 2009. 
(2) Not less than 5 percent in fiscal years 2010 
through 2012. 
(3) Not less than 7.5 percent in fiscal year 
2013 and each fiscal year thereafter. 
(b) DEFINITIONS.—In this section: 
(1) BIOMASS.—The term ‘‘biomass’’ means any 
solid, nonhazardous, cellulosic material that is de-
rived from—
(A) any of the following forest-related re-
sources: mill residues, precommercial thinnings, 
slash, and brush, or nonmerchantable material; 
(B) solid wood waste materials, including 
waste pallets, crates, dunnage, manufacturing 
and construction wood wastes (other than pres-
sure-treated, 
chemically-treated, 
or 
painted 
wood wastes), and landscape or right-of-way 
tree trimmings, but not including municipal 
solid waste (garbage), gas derived from the bio-
degradation of solid waste, or paper that is 
commonly recycled; 
(C) agriculture wastes, including orchard 
tree crops, vineyard, grain, legumes, sugar, and 
other crop by-products or residues, and live-
stock waste nutrients; or 
(D) a plant that is grown exclusively as a 
fuel for the production of electricity. 
(2) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means electric energy generated from 
solar, wind, biomass, landfill gas, ocean (tidal, wave, 
current, and thermal), geothermal, municipal solid 
waste, or new hydroelectric generation capacity 
achieved from increased efficiency or additions of 
new capacity at an existing hydroelectric project.
(c) CALCULATION.—For purposes of determining 
compliance with the requirement of this section, the 
amount of renewable energy shall be doubled if—
(1) the renewable energy is produced and used 
on-site at a Federal facility; 
(2) the renewable energy is produced on Fed-
eral lands and used at a Federal facility; or 
(3) the renewable energy is produced on Indian 
land as defined in title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et. seq.) and used at 
a Federal facility. 
(d) REPORT.—Not later than April 15, 2007, and 
every 2 years thereafter, the Secretary of Energy shall 
provide a report to Congress on the progress of the Fed-
eral Government in meeting the goals established by this 
section. 
SEC. 204. INSULAR AREAS ENERGY SECURITY. 
Section 604 of the Act entitled ‘‘An Act to authorize 
appropriations for certain insular areas of the United 
States, and for other purposes’’, approved December 24, 
1980 (48 U.S.C. 1492), is amended—
(1) in subsection (a)(4) by striking the period 
and inserting a semicolon; 
(2) by adding at the end of subsection (a) the 
following new paragraphs:
‘‘(5) electric power transmission and distribu-
tion lines in insular areas are inadequate to with-
stand damage caused by the hurricanes and ty-
phoons which frequently occur in insular areas and 
such damage often costs millions of dollars to repair; 
and 
‘‘(6) the refinement of renewable energy tech-
nologies since the publication of the 1982 Territorial 
Energy Assessment prepared pursuant to subsection 
(c) reveals the need to reassess the state of energy 
production, consumption, infrastructure, reliance on 
imported energy, opportunities for energy conserva-
tion and increased energy efficiency, and indigenous 
sources in regard to the insular areas.’’; 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e)(1) The Secretary of the Interior, in consultation 
with the Secretary of Energy and the head of government 
of each insular area, shall update the plans required under 
subsection (c) by—
‘‘(A) updating the contents required by sub-
section (c); 
‘‘(B) drafting long-term energy plans for such 
insular areas with the objective of reducing, to the 
extent feasible, their reliance on energy imports by
the year 2012, increasing energy conservation and 
energy efficiency, and maximizing, to the extent fea-
sible, use of indigenous energy sources; and 
‘‘(C) drafting long-term energy transmission 
line plans for such insular areas with the objective 
that the maximum percentage feasible of electric 
power transmission and distribution lines in each in-
sular area be protected from damage caused by hur-
ricanes and typhoons. 
‘‘(2) Not later than December 31, 2007, the Sec-
retary of the Interior shall submit to Congress the updated 
plans for each insular area required by this subsection.’’; 
and 
(4) by amending subsection (g)(4) to read as 
follows: 
‘‘(4) POWER
LINE
GRANTS
FOR
INSULAR 
AREAS.—
‘‘(A) IN GENERAL.—The Secretary of the 
Interior is authorized to make grants to govern-
ments of insular areas of the United States to 
carry out eligible projects to protect electric 
power transmission and distribution lines in 
such insular areas from damage caused by hur-
ricanes and typhoons.
‘‘(B) ELIGIBLE PROJECTS.—The Secretary 
may award grants under subparagraph (A) only 
to governments of insular areas of the United 
States that submit written project plans to the 
Secretary for projects that meet the following 
criteria: 
‘‘(i) The project is designed to protect 
electric power transmission and distribu-
tion lines located in 1 or more of the insu-
lar areas of the United States from dam-
age caused by hurricanes and typhoons. 
‘‘(ii) The project is likely to substan-
tially reduce the risk of future damage, 
hardship, loss, or suffering. 
‘‘(iii) The project addresses 1 or more 
problems that have been repetitive or that 
pose a significant risk to public health and 
safety. 
‘‘(iv) The project is not likely to cost 
more than the value of the reduction in di-
rect damage and other negative impacts 
that the project is designed to prevent or 
mitigate. The cost benefit analysis required 
by this criterion shall be computed on a 
net present value basis.
‘‘(v) The project design has taken into 
consideration long-term changes to the 
areas and persons it is designed to protect 
and has manageable future maintenance 
and modification requirements. 
‘‘(vi) The project plan includes an 
analysis of a range of options to address 
the problem it is designed to prevent or 
mitigate and a justification for the selec-
tion of the project in light of that analysis. 
‘‘(vii) The applicant has demonstrated 
to the Secretary that the matching funds 
required by subparagraph (D) are avail-
able. 
‘‘(C) PRIORITY.—When making grants 
under this paragraph, the Secretary shall give 
priority to grants for projects which are likely 
to—
‘‘(i) have the greatest impact on re-
ducing future disaster losses; and 
‘‘(ii) best conform with plans that 
have been approved by the Federal Govern-
ment or the government of the insular area 
where the project is to be carried out for
development or hazard mitigation for that 
insular area. 
‘‘(D) 
MATCHING
REQUIREMENT.—The 
Federal share of the cost for a project for which 
a grant is provided under this paragraph shall 
not exceed 75 percent of the total cost of that 
project. The non-Federal share of the cost may 
be provided in the form of cash or services. 
‘‘(E) TREATMENT OF FUNDS FOR CERTAIN 
PURPOSES.—Grants provided under this para-
graph shall not be considered as income, a re-
source, or a duplicative program when deter-
mining eligibility or benefit levels for Federal 
major disaster and emergency assistance. 
‘‘(F) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this paragraph $5,000,000 
for each fiscal year beginning after the date of 
the enactment of this paragraph.’’. 
SEC. 205. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC 
BUILDINGS. 
(a) IN GENERAL.—Part 4 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8271 et seq.) 
is amended by adding at the end the following:
‘‘SEC. 570. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC 
BUILDINGS. 
‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION 
PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish a photovoltaic energy commercialization pro-
gram for the procurement and installation of photo-
voltaic solar electric systems for electric production 
in new and existing public buildings. 
‘‘(2) PURPOSES.—The purposes of the program 
shall be to accomplish the following: 
‘‘(A) To accelerate the growth of a com-
mercially viable photovoltaic industry to make 
this energy system available to the general pub-
lic as an option which can reduce the national 
consumption of fossil fuel. 
‘‘(B) To reduce the fossil fuel consumption 
and costs of the Federal Government. 
‘‘(C) To attain the goal of installing solar 
energy systems in 20,000 Federal buildings by 
2010, as contained in the Federal Government’s 
Million Solar Roof Initiative of 1997. 
‘‘(D) To stimulate the general use within 
the Federal Government of life-cycle costing 
and innovative procurement methods.
‘‘(E) To develop program performance 
data to support policy decisions on future incen-
tive programs with respect to energy. 
‘‘(3) ACQUISITION
OF
PHOTOVOLTAIC
SOLAR 
ELECTRIC SYSTEMS.—
‘‘(A) IN
GENERAL.—The program shall 
provide for the acquisition of photovoltaic solar 
electric systems and associated storage capa-
bility for use in public buildings. 
‘‘(B) ACQUISITION LEVELS.—The acquisi-
tion of photovoltaic electric systems shall be at 
a level substantial enough to allow use of low-
cost production techniques with at least 150 
megawatts (peak) cumulative acquired during 
the 5 years of the program. 
‘‘(4) ADMINISTRATION.—The Secretary shall 
administer the program and shall—
‘‘(A) issue such rules and regulations as 
may be appropriate to monitor and assess the 
performance and operation of photovoltaic solar 
electric systems installed pursuant to this sub-
section; 
‘‘(B) develop innovative procurement strat-
egies for the acquisition of such systems; and
‘‘(C) transmit to Congress an annual re-
port on the results of the program. 
‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO-
GRAM.—
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of this section, the Sec-
retary shall establish a photovoltaic solar energy sys-
tems evaluation program to evaluate such photo-
voltaic solar energy systems as are required in public 
buildings. 
‘‘(2) PROGRAM REQUIREMENT.—In evaluating 
photovoltaic solar energy systems under the pro-
gram, the Secretary shall ensure that such systems 
reflect the most advanced technology. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA-
TION PROGRAM.—There are authorized to be appro-
priated to carry out subsection (a) $50,000,000 for 
each of fiscal years 2006 through 2010. Such sums 
shall remain available until expended. 
‘‘(2) PHOTOVOLTAIC
SYSTEMS
EVALUATION 
PROGRAM.—There are authorized to be appropriated 
to carry out subsection (b) $10,000,000 for each of 
fiscal years 2006 through 2010. Such sums shall re-
main available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for the National Energy Conservation Policy Act is 
amended by inserting after the item relating to section 
569 the following:
‘‘Sec. 570. Use of photovoltaic energy in public buildings.’’.
SEC. 206. GRANTS TO IMPROVE THE COMMERCIAL VALUE 
OF FOREST BIOMASS FOR ELECTRIC ENERGY, 
USEFUL HEAT, TRANSPORTATION FUELS, PE-
TROLEUM-BASED 
PRODUCT 
SUBSTITUTES, 
AND OTHER COMMERCIAL PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Thousands of communities in the United 
States, many located near Federal lands, are at risk 
to wildfire. Approximately 190,000,000 acres of land 
managed by the Secretary of Agriculture and the 
Secretary of the Interior are at risk of catastrophic 
fire in the near future. The accumulation of heavy 
forest fuel loads continues to increase as a result of 
disease, insect infestations, and drought, further 
raising the risk of fire each year. 
(2) In addition, more than 70,000,000 acres 
across all land ownerships are at risk to higher than 
normal mortality over the next 15 years from insect 
infestation and disease. High levels of tree mortality 
from insects and disease result in increased fire risk, 
loss of old growth, degraded watershed conditions,